The Reclaimed Swamp Lands Trusts Act 1906 (SA)

-EDWARDP V11 REGIS.

A.D. 1906.

No. 910.

An Act to create Trusts for certain Reclaimed Swamp

Lands,'and to enable Loans to be made to

Swamp Lessees. ..

[Assented to, Uecem ber ~ r z d, ~906.1

E it Enacted by the Governor of the State of South Australia,

follows: B with the advice and consent of. the Parliament thereof, as

1, This Act may be cited as The Reclaimed Swamp Lands s h ~ ~ t t t t l i

Trusts Act, 1906."

2, This Act is divided into Parts, as fo1lo~s:- Division of A C ~.

PART I 1.-Irrigation Areas:

'* Board " mcans a Road of l'rustees appointed under this Act :

Pa RT 11 I .-Board of Trustees: a -

PART IV.---Officers of the Board:

PART v.-Meetings and Business of the Bnald:

PART v I.-Powers of the Hoard: - .

P A ~ T v11 .-- Loans to Lessees:

PA RT v I I I. -Regulations :

PART I x .-Miscellaneous	:
PART X.-Legal.

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PART l.

INTERPRETATION.

. 3. In this Act- Interpretation,,

6" EDWAKDI VII, No. 910.

The M a i m e d Swamp L a d s Trclsts Ad.-1906.

PART I. " Commissioner " means the Commissioner of Crown I ~ n d a

and Immigration for the time being:

" Gazette " means The South Australian Gouernrnent Gazettv :

a Imigntion nrea " means an irrigation area declared under this " - ' ~ k :; f

Justice " means Justice of the Peace for the said State:

L ' Proclamation " means a Proclamation by the Governor in the

Gazette :

Ratable property " means any lands situate within an irriga-

tion area.

" Ratepayer " means the occupier or owner of ratable property:

" Reclaimed lnnds " means lands reclaimed from being swamp

lands.

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PART rr.

PART 11.

IRRIGATION AREAS.

irrigation area. 4, Any area or areas of reclaimed lands may be declared an

irr~igntion area in manner hereinafter provided.

Formation. 5. A majority of lessees occupying any such area may present a

petition to the Governor praying that such area may be declared an

irrigation area.

Petition for. . .

6, Eveiy such petition shall be signed by the petitioners, and

shall state-

. -

I. The boundaries proposed for such irrigation area:

11. The names of the petitioners:

and shall contain a statutory declaration by some person, not being r I I. The area occupied by each:	one of the petitioners, that the signatures to the petition are those
of the persons whose they purport to be.

holemation of. 7. The Governor, upon receipt of any such petition, may, by Proclamation, declare the area of reclaimed lands mentioned therein to be an irrigation area, and may at any time alter the boundaries thereof or rescind such Pr~clitmation.

PART 111.

BOARD OF 'I'EUSTEES.

W$: + .-

8, The management and control of every irrigation area shall be

vested in a Board of Trustees.

6 9, Eveiy

.

6" EDWARDI VII; No. 910. 9

The Reclaimed Swamp Lands Trwts Act.-1906.

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9. Every Board shall consist of five members, one to be appointed P4"r it-ri -

by the Governor and the other four to be elected in manner herein- Con~titution.

after appearing, and shall be a body corporate under the name of

The - Irrigation Board," and shall have perpetual suc-

cession and a common seal, and bp such name be capable of suing

and being sued.

10. The corporate name of the Board shall be part of the common of Bard.

seal.

first Board :-	11. The following provisions shall apply to the constitution of the &shE;i:ifM.
(a ) The Governor shall appoint five persons to be the Board:
( b ) One of such members shall be a Government officer:
(c) All other members of the Board shall be ratepayers within the

area:

( d ) The Governor may also appoint one of such inembers to be

chairman of the Board, and two auditors:

( e ) Such Government officer shall hold offlce during the pleasure

of the Governor, and shall not he subject 't.o retirement

by effluxion of time:

( f ) Such other members of the Hoard and the auditors shall	retain office until the election of their successors, as herein-
after provided.

12, Eveiy ratepayer in the irrigation area, having attained the "60 may betrustee.

age of eighteen years, shall be qualified to be a member of the

Board, unless he or she-

(a) Is an uncertificated insolvent:

( b ) Holds the office of treasurer, auditor, or a place of profit in

the gift of the Board:

(c) Is pecuniarily interested in a contract with the Board.

13. The following acts and events shall cause a vacancy in the H ow vaosncy oooasioned.

office of member or auditor of a Board :-

(U) Death or lunacy :

. (6) Insolvency, or the execution of a statutory deed of assign- ment for the benefit of his creditors, or compounding with hi4 creditors for less thatl Twenty Shillings in the Pound:

(c) The conviction of felony:

( d ) Absence

6" EDWARDI VII, No. 910.

.The Reclaimed Swamp Lccnds Trusts Act.-1906.

-- P- - --- - - - -- - - - ----

(d) Absenco from the State, without leave of the Board, during the holding of three consecutive oi*dinary meetings, or failure to attend the meetings of the Board for three con- secutive ordinary meetingswithont sufficient cause, and

_ L followed, in either case, by n resolution passed by the Board within three weeks aiter the last of three such con- secutivc ordinary meetings tleclaring the office vacant;

. .

which resolution the Board may pass but are not bound

to pass

( e ) Any disqualification, and notice thereof by the disqualified

, person or some person on his behalf, posted or delivered to

,. .

the chairman, or, if there be 110 chairman, to the Corn-

missioner:

f ) Resignation, bp notice posted or delivered as aforesaid:

(g) Retirement by rotation, as provided by this Act:

( h ) The judgment or order of any duly authorised Court or

Justices declaring the office vacant.

Time of elections. 14. (1) At the expiration of twelve months from the appointment

of the first Board and auditors, ancl subject to the provisions of sub- ~ection ( e ) of section l l hereof, an election of trustees and auditor shall be held.

the conclusion of such twelve months, and thereafter at

every annual election, one-half of such members (otlier than the ('L)

Government officer) shall retire.

(3) The members to retire at the expiration of twelve months from the time of the first appointment shall be decided by lot. Members to

retire a t the expiration of every subsequent twelve months shall be those who have been longest in office without re-election, and when the number cannot thus be made up lots shall be drawn between those who have been an equal time in office witbout re-election to

place accordingly. decide which of them shall retire, and the retirement shall take	(4) The Chairman shall in no case bc requirecl to draw lots, but the other member or members with whom it would be necessary but for his position of Chairman that he should draw lots, shall retire or draw lots between them to decide which of them shall retire.
( 5 ) Members required by this Act to retire shall go out of office, but shall be deemed to hold office until their successors are appointed.

. ,,

(6) At the expiration of twelve months from the appointment of auditors, and thereafter a t every annual election, one auditor shall

, retire from office. The auditor to retire shall be the one who has

held office the longest without re-election, and if both shall have so held office for the same length of time the auditor to retire shall

' he decided by lots to be drawn by the chairman.

(7) All drawing of lots to decide.retirements shall be had fourteen

a h y s at least before day of election. 15. (1) The

6" EDWARDI VII, No. 910. -P---- B

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The Recluirned Swamp Lands Trusts Act.-1906.

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15. ( l ) The first Board shall, by regulation, prescribe the manner in which members (other than the member to be appointed by the Electiom. Governor) shall be clccted. !'? I1I.

(2) Every ratepayer of the fill1 age of eighteen years whose name a t the time of' election appears on tlie roll of	lessees, as provided ill
Part V. of this Act, may vote.

(3) I n case of joint tenancy or tenancy in common in respect of any ratable property, one only of such joint tenants or tenants in common shall vote, and may vote in the order in which such votes shall be tendered.

(4) No ratepajer shall rote until lie or she has paid all mtes declared six months prcvionsly, and which shall then be payable by him or her in respect of the property for which he or she claims to vote.

( 5 ) L4ny ratrpnyer Inay object to a person attempting to vote if

such rates shall not have been paid.

(6) The Board shall post a list of all ratepayers who owe any rates a t every polling-place, but the non-posting of' such list shall not invalidate the election.

suspended, or the Bond is abolished, the Govenior may, by Procla- and euqeneian. 16, When the powers and functions of a Board are for any reason Effect of abolition

mation, nut\:oi.ise the Commissioner to escrcise all the powers, authorities, functions, and duties of the Board abolished, or whose functions are suspended, until such suspension ceases or a new Board is appointed.

17. -111 property, real and personal, and all obligations, authori- Property Commissioner. to vest in

ties, immunities, rights, powers, privileges, functions, and duties vested in or imposed upon the Hoard, by any means whatsoever, shall, by force of this Act, be transferred to and vested in the Com- missioner while the powers m d functions of the Board are suspended

.

upon the abolition of the Board.

18. LTpon failure by the first or any Board so to prescribe, or Failureof rlectiohh.

when an election shall wholly or in part fail to be made as appointed in this Act, or such election, being made, shall afterwards become wholly or in part ~ o i d, the Governor may appoint the members and auditors of the Board required to be elected.

19, The Board shall, within forty-eight hours from the election Notice of elect'on to

of a person to an oEce in the district, cause to be delivered or posted be given to caeh

to such person n notice informing him of soch election, and within be inserted ln Gazette.

fourteen days of such election shall insert a notice thereof in the

Gnxettc. < .

20, If the Board fails to proceed to an election for the space of Where hold election, Board fails Justice to

twcn ty-one (lays from the last dnv on which sllctl election is required special

by this Act to be held, .a ~ u s t i & or Special Magistrate may, upon to \old t~iqehction~.

the request in \vriti:ng of three ratepayers of the irrigation area,-do every art required to be done for holding such election. PAI?'l'

6 6" EDWARDI VII, No. 910.

PART IV.

OFFICERS OF THE BOARD.

Board may appoint

of8cera. 21. The Board may appoint all such officers to carry out the

purposes of this Act as they shall think proper and necessary, and may pay such salaries and allowances as the Board shall deem reasonable.

No member to bold

oftice of which Board 22. No member of the Board shall hold any office of which the

be3 the power of Board has the power of appointment.

appointment .

No offlcer to be 23. No officer shall be concerned or interested in any contract

interested in contracts.

made by the Board.

OBicer to render

accounts. 24. Hvery person employed by the Board shall render to the Board, within such time and manner as they shall direct, true and faithfill accounts, in writing, of all moneys received or expended by him, and all moneys due by any person to the Board, and on what qccount the same is due.

PART v. PAR'L' V.

MEE'L'INGS AND BU8INE:SS 0 BOARD.

Appointment of 25, Every Board, after the first, shall appoint one of their number

chairman.

chairman, who shall hold office until the appointment of his suc-

cessor.

Vote of chairman. 26. The chairman shall have tt. casting as well as a deliberative

vote.

Acting chairman may 27, In the absence of the chairman from any meeting from any

be appointed. cause an acting chairman shall be appointed.

Ordinary meetings. 28. Ordinary meetings of the Board may be held after three

days' written notice thereof given to the members by the secretary.

Extraordinary 29, h y special or extraorclinarv meeting may be called by the

meetinge. chairman, or any two members, gi&g the like notice in jvriting

-

thereof to the other members.

Quorum. 30, Any three meiubers of the Board shall form a quorum for

the transaction of business.

BOII of Iesneeo.

31, 'l'he Board shall cause a roll to be kept of all lessees holding

lands within the irrigation area, setting forth the area and position

of such lands.

Alteration ot roll. 32. Such roll may be altered or added to a t any Board meeting,

and a revised roll shall be compiled once a t least in every twelve

months.

33. The

6" EDWARDI VII, No. 910.

---P--- -- --

The Reclaimed Swamp L a d s Trusts Act.-1906. -

33. The first meniters of a Board shall hold office until the PART v.

nest Boarcl is elected, or such first-mentimed Board is abolisl~ed, or Determination of

ceases to exist, up to the day and month of the next year after memberaof	ottice ~f elected
their election corresponding to the day and month when the first elections were held, ind all' subsequent elections shall be held on the like day and month in each and every year.

34. The Governor may appoint any new member to the Board in overn nor may appoint trustees at

place of any member theretofore appointed by him. any time.

35. The Board first constituted, and thereafter each successive Board to arrange

Board, shall do all necessary acts, matters, and things prior to the electione.

date when their teim of office shall expire to obtain nominations for

trustees and auditors, and if the nominations exceed the number of

trustees or auditors required, shall cause, on the date when they

retire from office, an election to be held to determine which of

the persons nominated shall be the trustees and auditors for the

next ensuing year.

36. In the event of any elected member or auditor resigning, or Determination of

being incapacitated in any manner from acting, or being absent	office of blected
for three meetings without the consent of the Board, a new member or auditor inay be appointed by iL majority of the members present a t any meeting.

carried on, or the businkss and works connected with any irrigation offices vacant. 37, When from anv reason the business of a Board is iiot OovernormsydedarB

area is neglected, the Governor may declwe all offices vacant, and thereupon, by Proclamation, appoint a new Board, but such Board shall hold office only until such time as the retired Board would have held oflice.

38. The appointed members may do all acts, matters, and things Appointed members

which the Board might do when from any cause the Board is not may CWQ on businew.

properly constituted, or where the business of the Board is at a

standstill or neglected.

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PART VI. PABT VI. . , l

YOWERS O F THE BOARD.

39. The Bcard, iu addition to all other powers, shall have and Board'apowera. ,

may exercise the following powers and authorities :-

I. To do all necessary acts, matters, and things for the making, To make draina, &c.

construction, improving, altering, cleansing, repairing, widening, deepening, diverting, or extending any channel, drain, or watercourse, or any embankment or defence against waters:

11. To erect within its jurisdiction all necessary buildings, Toerectbuildha	bridges, and machinery, and to maintain, alter, or dis- and m 8 a b r y.
continue the same: 1 1 1. To

8 B EDWARDI VII, ' NO. gm.

IPhe Reclaimed Swamp Lands Trusts Act.-1906.

PART Yr. 1 1 1. To break up and, if necessary, remove the soil of any road,

To break up soil &c. way, embanltment, or footpath, and, where the same is under the control of any local authority, after one month's written notice to such authority:

To excavate trenches.

rv. To excavate and sink trenches for the purpose of laying down, making., and constructing channels and drains within the irrigation area:

To connect drain's.

v. 'l'o cause channels and drains to communicate with any

stream or watercourse within or without the limits of

the irriga,tion area:

To remove earth,

vr. To enter by themselves upon any lands within the irrigation area for the purpose of inspecting or removing any earth, stone, or clay therefrom, and of making, constructing, and diverting drains, channels, and watercourses, and of regulating the supply of water to any person, or by any drain, channel, or watercourse, or for any of the pur- poses of this Act:

stone, and clay.

To dig or bore.

vlr. To enter themselves, or by their agents, upon any lands or

premises whereon or wherein it is proposed to execute any works, and on land adjacent thereto, and, if necessary, to dig or bore therein:

To examine and open vr 1 1. To examine any weir, sluice, or floodgate erected in or upon

sluices and ,floodgates

or adjacent to the river, and to open or raise any such

floodgate or sluice for any purpose whatever:

To examine channel.	rx. To bore the bed, or channel, or any part of the river, or the land immediately adjacent thereto:
To use adjacent land.	X. To use adjacent lands for making temporary roads or

approaches to any work:

To exwute all .works XI. 'I'o do all acts, matters, and things, and execute and carry

for the betterment of

the area. out works of any kind within the irrigation area having

for their object the betterment of the irrigation area, and

to secure the health, comfort, and convenience of the

lessees occupying lands therein:

XI[. To levy rates on all the ratable lands in the irrigation area,

except lands belonging to the Crown, which shall not

be deemed ratable unless occupied by some other person:

To raise a loan by xrrr. To raise a special loan for irrigation works, and levy a repairs thereto, or any other incidental work:

special rate. special rate for making necessary tanks, or channels, or

1 ...

, .

To borrow money, xrv. To borrow moneys in anticipation of its current revenue from any bank, by way of overdraft, providing that such overdraft shall not exceed in amount the income of any one year:

.

TO Ater into con- -	xv. To-enter into contracts for effecting the purposes of	this Act :
tnctd.

To regulste waters. xvr. To regulate and control all drainage waters in the main

channel and drain. 40. (1) 'l'he

6" EDWARDI VII, No. 910.

The Reclaimed Swamp Lands Trusts Act.--1906.

40, (1) The Board, with the approval of the ratepayers, may, for PABT v l.

the purposes of the administration of this Act, exercise within the Board to have all the

irrigation area all the powers and authorities conferred upon a L)is- powers a Uietrict

Council.

trict Council under "'l'he District Councils Act, 1887"; and the said Act shall, for the purposes of this Act, be read as if' the words

" Board of Trustees " or " Board " had been inserted therein in lieu

of the words " District Council " or " Council," wherever such words

occur in the said Act.

(2) Ratepayers shall have all the powers and privileges conferred

upon ratepayers under " The District Councils Act, 1887," and the

Acts amending the same.

the ratepayers' roll for any purpose of rating, or any matter con- roll. 41, The roll to be kept under section 31 shall be deemed to be Roll to be ratepayers1

nected therewith; and, if there be no revised roll, the then existing

roll shall for all purposes be deemed the ratepayers' roll.

42, If any land within the irrigation area shall not, as to the Board map drain

drainage of surface and storm water, be drained by some efficient

and "Or"

drain conlmunicating with some watercourse or drain used under the authority of this Act, the Board may construct through any land lying between the first-mentioned lands and the nearest such water- course or drain an efficient drain suited for draining therefrom and from the intermediate lands such sui-face and storm water as afore- said, but so that such drain shall not pass through or under any house, building, or other like structure.

43, All costs and expenses incurred in constructing such drain Owners benefited

shall be apportioned by the Board among the owners deriving any thereby	Wet.
benefit therefrom, so far as possible, in proportion to such benefit, and shall be repaid by such owners after notice in that behalf by the Board; and the same, if not paid, may be sued for and recovered as a

debt due to the Board. -

PART VII. PART vrr.

LOANS TO LESSEES.

44, (a) A fund is hereby constituted, to be called the '' Swamp Constitution of

Lessees' Loan Fund," and shall consist of such moneys as Parlia- Fund.

Swamp Lessees' Losn

ment shall provide for the purposes of loans to lessees of swamp

lands.

( b ) Such moneys shall be set apart for such purpose and shall he under the control of the Commissioner. l

45. All moneys received by the Commissioner in repayment of rrinoipel moneya

any advances under this Act shall be placed to the credit of the said of fund, but intenat repaid to form part

fund, and form part thereof. Moneys received as interest shall be to be paid into the revenue.

paid to the Treasurer in aid of the general revenue of the State.

46, 'l'he Commissioner shall keep accounts showing all opera- Commi~sionet to

tions on the said fund, as well as all moneys paid to and received from each lessee to whom any advances shall be made under this Act.

B-910 47. Advances

6" EDWARDI VII, No. 910.

The Redaimed Swamp Lands Trusts Act.-1906.

PABT VII.

--P- 47. Advances may be made by the Commissioner out of the

Advances. said fund to assist lessees of swamp lands who observe and perform the covenants and conditions of their leases or agreements to the satisfaction of the Commissioner-

I. I n erecting or completing permanent buildings, and making

permanent improvements on their lands:

11. In the making of improvements which permanently increase

the capital value of the land.

Nature of improve-

ments. 48, Such last-mentioned improvements may consist of clearing

the land or fencing the same, erecting or making thereon permanent water improvements, such as drains, dams, wells, tanks, water- courses, windmills, and the like.

Conditions of

advances.

49, (1) Advances under sub-section I. of section 47 shall not exceed one-half of the cost to the lessee of the permanent buildings and other permanent improvements (if any) which shall be then subsisting, in good repair and condition, on his block.

(2) Advances under sub-section I I. of section 47 shall not exceed one-half the value of the improvements.

(3) The amount owing to the Commissioner by any lessee for

moneys advanced under the said section, with interest, shall not at

any time exceed in the whole Seventy-five Pounds.

Applicatione. 50. Every application for an advance shall be made in writing

to the Commissioner; and

I. In a form prescribed by the Commissioner; and

11. Supported by-

(a j The report of the Government officer on the Board, or

other authorised officer; and

(6) Vouchers, statutory declarations, and other evidence show-

ing the cost of and condition of the permanent buildings

and other permanent improvements (if any); and

(c) Such other evidence as the Commissioner may require.

In computing the cost the labor of the lessee may be taken into account.

Agreement t o be 51, Every lessee, on obtaining such an advance, shall enter

mecutd leWe- into an agreement with the Commissioner in such form as may be prescribed, and such loan agreement may contain such additional terms and conditions as the Commissioner shall think necessary.

Monepa, how repaid. 62, All moneys hereafter advanced to any lessee shall be repaid

to the Commissioner, together with interest at the rate of Four Pounds per centum per annun), b~ twenty equal annual instalments, to be calculated at the rate of ~ k v e n Pounds Seven Shillings and

Two

6" EDWARDI VII, No. 910. 11

p-

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The Reclaimed Swamp Lands Trusts Act.-1906. -- pp -

Two Pence per centum of the amount advanced, the first instalment -	PART	vll*
to be paid at the expiration of twelve months from the date of such advance: Provided that the lessee may pay the whole or any portion of the amount advanced at any time prior to the expiration of the time agreed or prescribed for payment.

53. Any breach by the lessee of any of the terms or conditions Breechof agreement

of such his agreement shall be deemed a breach of the conditions of to render holding	liable to forfeiture.
the lease or agreement, and shall render the lease or agreement liable to be cancelled and forfeited in the same manner as Crown leases or agreements where rent is in arrear. No grant shall issue for any land, nor shall any agreement be entered into on surrender of any land, until all advances have been repaid.

54, In cases of hardship the Commissioner may extend the Extension of time for

time for making any payment on account of any loan under this part of this Act: Provided that the deferred payments shall bear interest at the rate of Five Pounds per centum per annum.

55. While any principal or interest monejs remain owing by Lesseenot toremove,

any lessee in respect of advances made, the lessee shall not pull down imp,,em,,.	deetroy, or injure
or remove, or suffer to be pulled down or removed, or destroy, damage, or injure, or suffer to be destroyed, damaged, or injured, any permanent building, erection, or drain, embankment, or other water improvement erected or made upon the land comprised in his lease or agreement, wit.hout the consent in writing of the Commis- sioner thereto.

56, If any lessee shall obtain an advance under this Part, no Mortgagee, &C., sub-

sub-lease, mortgage, or other encumbrance (except the agreement gq:::t.tO

provided for in section 51) subsequently executed by him shall have

any validity until such advance, and all interest in respect thereof,

shall be fully repaid and satisfied.

PART VIII.

REGULATIONS.

57. The Board, with the consent of the Governor, may, for fully Regulatione.

and effectually carrying out and giving force aud effect to the various

objects, purposes, rights, powers, and authorities of this Act, make,

alter, rescind, and amend regulations, and make other regulations in

l

addition to or in lieu thereof, including regulations for fees, and

penalties not exceeding Twenty Pounds for any one offence.

58. (1) Such regulations, alterations, amendments, and revoca- Regulations to hare

tions shall be published in the Gazette, and shall be laid before both ~ ~ i ~ f $ ~ A ~ ~ ~ -

Houses of Parliament within fourteen days after the publication ment. ,

thereof, if Parliament be then sitting, and if not, then within fourteen

days after the next Session of Parliament shall begin; and if? within

sixty days of the laying before Parliament of such regulations, either --

House

6" EDWARDI VII, No. 910.

The Reclaimed Swamp L a d s Trusts Act.-1906.

House of Parliament pass a resolution objecting to any such regula- tions, amendments, or revocations, the same shall (so far as so objected to) thenceforth cease to have the force of law, and notice of such resolution shall forthwith be published in the Gazettr.

Regulntione to take

effect from publica- (2) Subject to the foregoing provisions, all such regulations,

tion.

amendments, and revocations shall have the full force of law from

the first date of publication thereof.

Garetta evidence of

regulations.

( 3 ) The Gazette containing any such regulations, alterations, amendments, or revocations, purporting to be made by the Governor by virtue of this Act, shall be coriclusive evidence of the making thereof, and the Gazette containing a notice of a resolution being passed by either House of Parliament objecting to any such regula- tion, amendment, or revocation shall be conclusive evidence of the passing of such resolution.

Pmoees for which

by-iawe may be made.

59, The Board may make by-laws for carrying out the provi- sions of this Act, and for the following purposes :-

I. To regulate the manner of calling and holding meetings of

the Board and committees thereof, and the quorum of such

committees:

XI. To regulate the form and places of posting or manner of pub- lication of public notices to be published by the Board:

I 11. To regulate elections and the appointment of officers or other persons to carry out the provisions of this Part of this Act in relation to elections:

rv. To regulate the appointment, duties, and control of all or

any officer or servants of the Board, and the time and

mode of payment for their salaries and fees:

v. To fix or regulate the securities to be taken from, or on be- half, or to secure the fidelity of any officer or servant:

v I. To regulate the making or declaring of' rates:

V I I. For the appropriation and expenditure of the revenue of the

Board:

v11 I. For the punishment of persons falsely representing them- selves to be officers of or appointed by the Board:

IX. For the more effectual exercise of the powers and discharge

of the duties and liabilities hereby conferred and imposed

on the Board:

X. To require owners and occupiers to fence supplies of water:

XI. To fix pecuniary penalties for offences against or breaches of such by-laws, or any of them, and to fix additional penal- ties for a repetition or continuance of any offence: Pro- vided that, except as hereinafter mentioned, no penalty for any single offence shall exceed Ten Pounds:

xri. To

6" EDWARDI VII, No. 910. -

The Reclaimed Swamp Lads Trwts Act.-1906.

u I l. To regulate the irrigation water supply and the flow of the

drainage waters into the maitl channel, a d	the disposal of
such waters.

60. (1) At least two-thirds of the members then in office shall	by two-thirds of
By-laws to be pabsed

be present at the meeting of the Hoard to pass such by-laws.	members in ofiice.
(2) No by-law shall be of any force until signed by the chairman and secretary, and confirmed by the Governor, and published in the
(;axette.

( 3 ) After the expiration of one month from such publication, the

by-laws shall have the force of law, and shall, until altered or re- pealed, have effect within the District as if such by-laws were part of this Act.

PART rx.

PART IX.

MISCELLANEOUS.

61, The Board shall cause all wa.tercourses, channels, or drains to be kept so as not to be a nuisance or injurious to health, and to	Board to clean
watercouraee, &c.
be properly clclared. cleansed, and maintained in proper order, and in default the ~ o a r d shall be liable to the occupiers of land for any damage thereto in consequence of or through the disrepair of any such watercourse, channel, or drain.
62, Nothing herein contained shall render the Board, or the Commissioner, or the Government of the said State liable for	No liability except
in certain came.
damages consequent upon insufficiency of water, or for irljury to any land or other property which may happen through or by such in- srtfficiency, or through or by flood waters or the overflowing of any river, stream, or watercourse, or by the breaking of any embank- ment, channel, drain, or sluice, unless the occupier shall have given written notice to the Board warning them of the probability of such
thereafter to take the reasonable precautions to remedy the defect; injury, and the Board shall have neglected within a reasonable time	and in such case the remedy shall only be against the Board and
the funds thereof, and not against the individual members.

63, Whenever any irrigation area is abolished, enlarged, or cur- Abolition or altera-

taiied, the Governor shall appoint some person to hold an inquiry	tion of area.
and make an award apportioning the real and personal property, and the debts, liabilities, and engagements of the Board, as may be deemed advisable.
64, Any such award may provide for all or any of the matters included in the subject for inquiry, and may declare in whom any property shall be vested, and by whom any moneys shall be paid, or other acts or things done, including the payment of any costs of the inquiry, and may give such directions as may be necessary to give effect to the inquiry.	Award on.

6" EDWARDI VII, No. 910. -p-

The Reclairned SwampwLands"lrusts - Act.-1906.

PART	IX.	65. Every such award shall be final, and shall, from the date thereof, have the operation of, and be enforceable as, and held to be
a judgment of the Supreme court.

Creditore' rights

preserved. 06. Nothing in the immediately preceding sections shall in any

way affect the rights or interests of any creditor of the Board, or shall relieve the ratepayers for the time being in the drainage area from their liability to pay any special rate made under the provisions of this Act for a security for any loan.

Disputes with local 67. Where noticeis given to any local authority of the intention

authorities. of the Board to do any work authorised by this Act, and the local authority shall object to the proposed work before or within a rea~onable time after the commencement of the same, the matter shall be referred to the Commissioner, whose decision shall be final.

PART X.

LEGAL.

oaretto evidence of 68, The production of the Gazette containing any publication

facte stated therein.

required to be published shall be conclusive evidence of the facts

stated, recited, or assumed therein.

~roc~amation valid 69, No Proclamation shall be invalid by reason of anything

for all purposes.

required as preliminary thereto not having been done, or not having

been duly done.

Documentaof Board'

how verified. 70. Every notice, document, or other writing requiring to be

authenticated by the Foard may be sufficiently authenticated with- out the common seal of the Hoard, if signed by the chairman, Ey two members of the Board, or the secretary.

service of notices.	71. Service of any document may be effected by giving the same personally to the chairman or secretary, or leaving it at the
office of the Board.
Seal of Board to

prove itself. 72. The corporate name of every Board shall be part of the seal

of such Board, and judicial notice shall be taken of such seal by every Court and Justice, and the same shall be kept at the office of' the Board.

Offencee. 73. The failure of any person to do any act, matter, or thing,

when required so to do by the Board under the powers vested in them by this Act or any regulation, shall be an offence against the provisions of this Act.

Who infor-

matione, and hearin g	74. (1) All proceedings may be had and taken, and all informa- tions may be laid, for any offence against this Act, at the instance of any person; and all complaints and informations shall be heard and determined, and all tnoneys, costs, and expenses shall be recovered, in a summary way before a Special Magistrate or any two Justices.
of aame.

(2) The

6" EDWARDI VII, No. 910.

- The Reclaimed Swamp Lands Trusts Act.-1906.

-- -- -

(2) The Special Magistrate or Justices may also, in case any penalty is imposed, order the defendant, in default of payment thereof, to be imprisoned, with or without hard labor, for any period not exceeding six months. PABT X.

75. All penalties shall, except where otherwise provided, when Penaltie..

recovered, be paid to the Treasurer of the State.

76. There shall be an appeal from any decision of any Special Appal 1 - 1

Court.

Magistrate or Justices to the Local Court of Adelaide of Full Juris- diction.

77. Such appeal shall be regulated by Ordinance No. 6 of 1850 appeal-

and " The Justices Procedure Amendment Act, 1883- 4 "; and such

Local Court may make such order as to costs as it shall think fit.

78. Such Local Court may state a special case for the opinion state case for opinion

of the Supreme Court. of Supreme Court.

79. The Supreme Court shall deal with such special case accord- Proceaure on special

ing to the practice of the Supreme Court on special cases, and may make any order as to the costs of the proceedings in that Court and in the Court below.

80. All actions for anything done under this Act shall be com- Protection to penona

menced within six months after the cause of action shall have arisen, of hi, Act.

acting in execution

and not afterwards. Notice in writing of such action, and the cause thereof, shall be given to the defendant one month at least before the commeucement of the action. I n every such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon. No plaintiff shall recover in any such action if tender of sufficient amends shall have been made before action brought, or if a sufficient sum of money shall have been paid into Court by or on behalf of the defendant after action brought, together with the costs incurred up to that

time.

In the name and on behalf of His Majesty, I hereby assent to

this Bill.

GEORGE R. LE HUNTE, Governor.

Adelaide : By authority, C. E. BBIBTOW, Government Printer, North Terrace.