The South Eastern Drainage Act Amendment Act 1908 (SA)

ANNO OCTAVO

EDWARDI V11 REGIS.

No. 962.

An Act to make further Provision for the Drainage of

Land in the South-East of the State, and to further amend " The South-Eastern Drainage Act, 1878."

[Assented to, December 23rd, 1908.1

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

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

PART I. PART I.

PRELIMINARY.

1, This Act may be cited as '' The South-liiaste1.n Drainage Act Short title and

Amendment Act, i908," and shall come into operation on a day to be fixed by the Governor by Proclamation published in the Gazette, which Proclamation shall not be made unless a Bill before the said Parliament during the Session of the year one thousand nine hundred and eight, being a Bill for'aa Act to authorise the carrying out of a certain scheme of drainage in the South-East of the State, and for other purposes, is passed and receives the Governor's assent, and unless the carrying out of the scheme mentioned in the said Hill is approved as therein mentioned as the aggregate result of the polls of landholders also therein mentioned, and unless the Governor makes an order, as also therein mentioned, that the said scheme be carried out.

A-962

2. This Act is incorporated with 'l The South-Eastern Drainage Incorporation.

Act, 1878 " (hereinafter called " the principal Act "), and The	South-Eastern Drainage Act Amendment Act, 1895," which Acts,
SO far as consistent with the provisions of this Act, shall be read as one with this Act. 3, This

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The South- Eastern Drainage Act Amendment Act.-1908.

PABT I. 3, This Act is divided into Parts and Divisions as follows:-

Divisions of Act.

PART I.-Preliminaiy.

PART	11.-The	South-Eastern Ilrninage Assessment Board.
PART	111.-The	South-Eastern Drainage Management Board-

DIVISION	I,--Constitution of Board:
DIVIBION	11,Functions of Board.

PART	IV.---Construction of Drain on Petition of Landholciers.
PART	v.-General Provisions and Legal Procedure.

Repeal. 4, (1) '' The South-Eastern Drainage Amendment Act, 1900," is

hereby repealed.

(2) Such repeal shall not affect any right granted or accrued, liability incurred, duty imposed, or thing done or omitted to be done under the said Act, or any legal or other proceedings commenced or hereafter to be commenced with respect to any such matter or thing.

(3) All such matters and things are, so far as consistent with this Act, preserved and continued and declared to be of the same force and effect as if the said Act were still in force, or as if they were made or done under this Act, as the case may require.

(4) Any drain commenced under the provisions of the said Act may be completed as if this Act had not been passed, but upon the completion thereof the provisions of t,his Act shall have effect as if the said drain had been constructed under the provisions of this Act.

Interpretation. 5, In this Act-

" Commissioner " means the Commissioner of Public Works

for the time being or the Minister of the ('rown for the

time being discharging the duties of such Commissioner:

" Deputy Surveyor-Genernl " means the person for the time being holding the office of Deputy Surveyor-General:

" Engineer-in-Chief " means the person for the time being

holding the office of Engineer-in-Chief or discharging the

duties of such office:

" Gazette "means The South Amtralian Government Ga,zette:

'' Land" does not include any land situated within the

boundary of any Municipal Corporation or town or

township:

" Landholder " means the owner of any fieehold estate in land

the holder of land under ageement with the Crown fo

the sale of such land upon credit, the lessee of land held

under lease from the Crown; and as to unleased Crown

lands, the Commissioner of Crown 1,ands:

Land

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The South- Eastern Drainage Act Amendment Act.-1908.

PART I.

L' Land Board " means the Land Board under Part IV. of "The

Crown Lands Act, 1903 ": 830 of 1903.

Superintending Surveyor " means the person for the time

being holding the ofice of Superintending Surveyor:

Surveyor-General " means the person for the time being holding the office of Surveyor-General:

&&The	District Councils Act" means " The District Councils Act,	419 of 1887.
1887," and all Acts amending or substituted for that Act:

a The South-East " rneans and includes that portion of the State comprised within the districts of the District Councils of Lacepede, Naracoorte, Lucindale, Robe, Beachport, Kennion, Penola, Benara, Mount Gambier West, Mount Gambier East, and Port MacDonnell, and that portion of the County of Cardwell defined in the First Schedule hereto.

YAR'1' 11. PAW 11.

THE SOUTH-EASTERN DRAINAGE ASSESSMENT

BOARD.

6, (1) A Board, called " The South-Eastern Drainage Assess- Soulh-Esatern Drarnage Assesement

ment Board," and in this Act referred to as " the Assessment d. Board," is hereby constituted.	cf. A C ~	737, 1900,
S. 8.

(2) The members of the Assessment Board shall be-

( a ) The Deputy Surveyor General;

( b ) The Superintending Surveyor;

(c) A member of the Land Board, to he from time to time

appointed by the Governor; and

( d ) Two representative members, who shall be residents of the

South-East, to be appointed as hereinafter mentioned.

(3) The members of the Assessment Board shall be paid such

fees and allowances for expenses as are from time to time fixed by

the Commissioner.

7, For the purpose of electing representative members of the Warcleforelecting members of A m -

Assessment Board the South-East is hereby divided into two ,,,t	Board.
wards as follows :-

I. Ward No. l-Comprising the districts of the District

Councils of Lacepede, Naracoorte, and Lucindale, and the portion of the County of Cardwell defined in the First Schedule to this Act ; and

I I. Ward

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The South-Eastem Drainage Act Anzcndmcnt Act.-1008.

PART 11.

P- - - I r. Ward No. 2-llomprising the districts of the District

Councils of Robe, Beachport, Kennion, Penola, Benara, &fount Gambier West, Mount Gambier East, and Port MacDonnell.

Appointment of

representative 8. (1) As soon as practicable after this Act comes into operation,

members of Board and as to each ward, the Commissioner shall, by notice published in

cf. Municipal the Gazette, direct the nomination by each of the District Cocxicils of

a. 12. l ' r a m w - a Act, 1906, the districts comprised in such ward of one member to represent

such ward upon the Assessment Board.

(2) Thereupon each District Council in a ward may nominate a person who has signified in writing to the district clerk of such Council his willingness to act as a member of the Assessment Board. The nomination of every District L'ouncil shall be made by resolution of the majority of members thereof present at a meeting of the Council, and shall state the name and adclress of the person nominated. A certificate of such resolutioii certified in writing under the seal of the Council shall be sent to the Commissioner, and the nomination shall not be deemed valid unless such certificate is received by the Coulrnissioner within twenty-eight days from the publication of the notice mentioned in subsection (1) hereof.

(3) The Commissioner shall, as to each ward, publish in the Gazette a notice, which shall state the names and addresses of the peissons nominated by the District Councils in such ward, and shall, in the event of there being more than one person so nominated, by such notice appoint a date upon which a poll shall be taken for the election of a member to represent the ward upon the Assessment Board, and a person to act as Returning Officer for the ward for the purpose of such election.

(4) Upon the clate so appointed, each District Council in the

ward shall cause a poll to be taken within its district for the election

of a member to represent the ward upon the Assessment Board.

well defined in the First Schedule to this Act shall be deemed to be	For the purpose of such election the portion of the County of Card-	within the district of the District Council of Lacepede.
( 5 ) The following yrovisions shall apply to the taking of such poll within any district :-

( a ) 'I'he District Council shall appoint a. Het unling Oficer, not being one of the persons nominated as aforesaid, for the purpose of the poll:

( 6 ) The persons to be submitted as candidates to the voters at

the poll shall be all thc persons nominated as aforesaid by the District Councils of the districts coinl~risetl in the ward; and their names and addresses shall appear on the ballot papers:

( c ) The

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The South-Eastem Drainage Act Amendment Act.--1908.

PART 11.

\	c) The persons entitled to vote at the poll shall he all the land- holders of land comprised within the district, and each such landholder shah have one vote. In cake of joint tenancy or tenancy in common the provisions of the District Councils Act in that behalf shall apply:
(dj The Keturning Officer shall, before the day appointed for the poll, cause to be furnished for use at each polling-place a list of the landholders entitled to vote at such polling- place, showing the land in respect of which each land- holder is qualified to vote; and the Returning Officer shall, under his hand, certify such list to be correct:
(e) Subject to the provisions of this Act, the poll shall be taken at the same places and in the same manner as polls for the election of district councillors under the District Councils Act are taken; and, subject as aforesaid, all the provisions of the District Coulicils Act as to polls at such elections and as to the rights, powers, and duties of Returning Officers, candidates, and other persons relating

thereto or connected therewith shall, mzita t is mzttnndis,

apply to the poll and all matters relating thereto or con-

nected therewith:

(. f ' ) , At the close of the poll the Returning Officer shall examine the votes, and openly declare the general state of the votes as the same are made up by him from the voting papers taken at the several voting places; and shall decIare the result of the poll.

(6) After the declaration of the result of the poll in any district, the Returning Officer appointed for such poll shall certify in writing under his hand the numbcr of votes given for each candidate, and forward such certificate to the Returning OfFiccr for the ward.

('7) The Returning Officer for the ward shall, from the certificates forwarded to him by the Returning Officers for the districts in his ward, ascertain the total number of votes polled for each candidate,	and, in the event of an equality of votes, shall give a casting vote	for deciding the election; but, except for that purpose, he shall not
vote at the election.
(8) As soon as the result of the polling at the election in a ward has been finally ascertained the Heturning Officer for the ward shall certify in writing under his hand the name of the person elected to represent such ward upon the Assessment Board, and shall forward such certificate to the Commissioner; and the Commissioner shall, by notice in the Gaxeitr, declare such person to be appointed a member of the Assessment Board.
(9) In case the nomination of only one person to represent a ward is received hy the Commissioner, as mentioned in subsection (2) of this section, such person shall t e deemed to be duly elected to represent such ward; and the Commissioner shall, by notice in the Gazette, declare such person to be appointed a member of the Assessment Board,. , (10) The

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-p---L-- (10) The Gazette containing a notice, in pursuance of subsection

(8) or subeection (9) of this section, shall be conclusive evidence of

any appointment so notified.

Commissioner may

appoint membera m 9, (1) If, for the purpose of the appointment of either of the

of unreasonable first two representative members, or any subsequent representative

delay.	member, of the Assessment Roard-
Cf. ibid., s. 13. '

( a ) As to either ward, no nomination of n person to represent

such ward is received by the Commissioner as mentioned

in the next preceding section; or

( b ) In no district comprised in such ward is a poll taken pursuant

to the said section;

the Commissioner may appoint some person to be a member of such Board, who shall be deemed to be duly elected to represent such ward and to be duly appointed under the said section.

(2) The Commissioner shall notify such appointment in the

Gazettf~, and the notice in the Gazette shall be conclusive evidence

of such appointment and of the validity thereof.

Method of filling 10. (1) When the office of a representative member of the As- sessment

vacancies. B o a ~ d becomes vacant, or under sec+tion 12 is about to

cf.	ibid., 8.14.	become vacant, i t shall be filled in manner provided by section 8 hereof, varied as the circumstances of the case require, except that, for the purpose of filling vacancies arising under section 12, the polls in the various districts comprised in the ward shall be taken a t the same times and places as the polls a t the annual elections of district councillors held under the District Councils Act within such districts respectively, or if, in any of such districts, no poll is taken at such annual election, then at the times and places when and where such poll, if taken, would be taken.
(2) A member appointed to fill such a vacancy caused otheru ise than pursuant to section 12 hereof shall hold office only during the period for which his immediate predecessor would have held
such office.
(3) Pending the filling of any vacancy, the Commissioner may appoint a person to be a member of the Assessment Board to hold office during the interval between the occurring of the vacancy and the appointment, in manner provided by section 8, of a person to fill such vacancy.

Appointment to be 11, Every representative member shall, subject to the next pre-

for six years.	ceding section, be deemed to have been appointed for six years.
Cf. ibid., a. 16.
Onelocdmember to	12. (1) On the first Saturday in July, in the year one thousand ment Board, to be determined by the Commissioner by lot, shall retire, and a member shall be elected to represent the ward repre- sented by such member, and shall be appointed a member of 'the Assessment Board P> Oh

'"q three

y w e.	nine hundred and eleren, one representative member of the Assess-
Cf. ibid., 8. 16.

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The South-Eastern Drainage Act Amendment Act.--1908.

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(2) On the first Saturday in July, in the w a r one thousand nine - PART 11.

hundred and fourteen, the iel~resentative member of the Assessment Board for the time being representing the ward other than that referred to in snlwction ( l ) of this section shall retire; and so on, alternately as between the members rcpresenting the two wards, on the first Saturday in July in every tl~irtl year one representative member of the said Board shall retire; and upon each such retire- ment a member shall be elected to represent the ward represented

by the retiring member, and shall be appointed a member of the

Assessment Board.

(3) If a t any time after the passing of this Act the day of the year for the retirement of district cou~ncillors tlnroughout the Sou th- East is altered, the clay of the year for the retirement of members of the Assessment Board shall also be altered, so as to be the same from time to time as the day for the retirement of district conncillors.

(4) IJpon each such appointment of i t member of the Assessment Board the Commissioner shall, by notice in the Gnzrttc, declare such person to be appointed a, member of the Board, and such notice shall be conclusive evidence of such appointment.

( 5 ) A retiring member shall be eligible for reappointment, and shall hold office until his successor is appointed.

13. The member of t h ~ Land Board to be a member of the Land Board member

to hold omce during

Assessment Board shall hold office during the Govt~rnor's pleasure. p,eaaure.

14. The offlcct of a member of the Assessment Board appointed vacation of oace of .

by the District Council shall be mcnted in case of his-	representative
member.

I. Death, lunacy, insolvency, execution of a statutory deed of

assignment. for the benefit of creditors, ccmposition with creditors for less than Twenty Shillings in the Pomd, or conviction for felony or misdemeanor;

1 1. Absence ~ v i t h u t leave of the Assessment Board from three

consecutive meetings of such Hoard, followed by resolutio~i

of such Hoard declaring the ofice vacant, which resolution

such Board may pass if i t thinks fit, but not later

than six weeks after the last of such three consecutive

meetings;

1 1 1. Absence from the State for three consecutive months without

leave of the Assessment Hoard;

I V. Retirement by rotation, as by this Act provided;

v. Resignation by notice in writing delivered to the Assessment

Hoard; or

V I. The judgment or order of any duly authoris'cd Court or

Justices declaring his office mcant.

15. (1) The

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The South-Eastern Drainage Act Amendment Act.-1908.

Board may act 15. (l) The Assessment Board may act notwithstanding a

tlotwithatanding

vacancy in its membership; and no act or proceeding of the Boarcl

vacancy.

shsll be invalidated or illegal in consequence only of such vmancy

existing at the time of such act or proceeding.

( 2 ) All acts and proceedings of the Assessment Board shall, notwithstanding the subsequent discovery of any defect in the appointment of any rnember thereof, or that any nlenlber was dis- qualified or disentitled to be a member or to act as such, be as valid as if such member had been duly appointed and was qualified to be and to act as a member of such Board.

Quorum. 16. Any three members of the Assessment Board shall form a

quorum for the transaction of business.

Chairman. 17, The Governor shall from time to time appoint one of the members of the Assessment Board to be chairman thereof, ancl mav revoke any such appoint!nent at pleasure. When the chair- m& is absent fiom ally meeting the members present shall appoint one of their number to be acting chairman during such absence. The chairman or acting chairman shall have a casting as well as a deliberative vote.

PART 111.

'l'HE SOUTH-EASTERN DRAINAGE MANAGEMENT

BOARD.

DIVISION I.-CONSTITUTION O F BOARD.

South-Eaatern 18. A Board, called " The South-Eastern Drainage Manage-

Drainage

Management Board.	ment Board," and in this Act ' referred to as "	the Drainage
New.	Board," is hereby constituted.
To be a corporate

body. 19. (1) The Drainage Board shall be a body corporate under

the name of " The South-Eastern Drainage Management Hoard," and shall have perpetual succession and a common seal, and by

such name shall be capable of sning and being sued, and of being

a party to arbitration, and of purchasing, holding, and alient~ting

land, and of doing and suffering, subject to this Act, all such other

acts and things as bodies corporate may by law do and suffer.

( 2 ) All Courts, Judges, and persons acting judicially shall take

judicial notice of such seal when affixed to any instrument, and

shall presume that the same WLS properly affixed thereto.

Members of Board. 20, The Drainage Roarci shall consist of five members, as

follow S -

( U ) One member to be from time to time appointed by the Governor, who shall be the chairman of such Board; and

( b ) Four representative members, who shall be residents of the SOU&- us t, to be appointed as hereinafter mentioned.

21. For

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21, For the purpose of electing representative members of the PART 111.

3 1 ~ 1 9 1 0 ~ I.

Drainage Board, the South-Nast is 1~crel)y divided into four wards,

Wards for electing

as follows: .-

members of Drainage -

I. a So. l- Coml)rising the district of the District Council of Lacepetlc ant1 the portion of the County of Cardwell, clefinet1 in the First Schedule to this Act;

I r. V'artl No. 2-Comprising the districts of the District

Councils of Naracoorte and Lucinclale;

1 I I. IVnrtl No. 3-Comprising the districts of the District

Councils of Itobc, Bcachl)ort, an(l TCcnnioir; antl

1 v. '\V art1 No. 4-Co~nprising the districts of the District

Councils of l'cnola, Ucnarn, Jlount (+ambier West, Alou11 t

(;ambier I4;ast, ancl Port 3lacI)onnell.

22. &l tllr 1,rovisions of sections 8 to 11 inclusive relating to Appointment of

members of the Assessment Board shall applj, rmctntis ?nutandis, to members of Board,	representative
the representative members of the Drainage Board.

23, ( 1 ) 011 the first Saturday in July, in the year one tllousancl TWO representative membera to retire

nine hurldretl and eleven, two represen tative members of the Drainage	three yea,*.
Board, to be determined by the Commissioner by lot, shall retire, and members shall be elected to represent the wards represented by such members, antl shall be appointed members of the l>rainage Board.
(2) On the first Saturdav in July, in the year one thousand nine hundred and fburteen, the kpresenktive members of the Drainage Board for the time being representing the wards other than those referred to in subsection (1) of this section shall retire; and so on, alternately as between the members representing the four wards, on the first Saturday in July in every third year two representative nrem1)ers of the said Board shall retire; and upon each such retire- lncnt luernbers shall be elected to represent the wards represented
by the re~iring members, and shall be appointed members of the

Assessment Board.

(3) If at any time after the passing of this Act the day of the year for the retirement of district councillors throughout the South- Xast is altered the clay of the year for the retirement of members of the Drainage Boarcl shall also be altered, so as to be the same from time to time as the day for the retirement of district councillors.

(4) IJpon each such appointment of a member of the Drainage Board the Commissioner shall, by notice in the Gazette, declare such person to be appointecl a member of such board, and such notice shall be conclusive eviclence of such appointment.

(5) h retiring inembx shall be eligible for reappointment and shall hold office until his successor is appointed.

24, The member of the Drainage Board appointed by the Member appointed i)y

Governor shall hold office during the Governor's pleasure. office Governor during to hold pleasure .

25. All

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The South-Eastern Drainage Act Amendment Act.-1908.

PART 111. 25, All the provisions of section 14 hereof relating to the office of a member of

~ I V ~ S I O N I. the Assessment Board shall appl y, mutatis nzutandis,

Vacation of office of

represenlative	to the office of a representative qember of the Drainage Board, and
member.	in addition the office of such representative member shall be vacated
if he-

(a) Holds any office or place of profit in the gift or disposal of

the Drainage Hoard, or

( b ) By himself, his partner, or otherwise has any interest in any

contract or agreement with or any employment under

the Drainage Board.

Board may act 26. All the provisions of sections 15 and 16 hereof relating to

notwithaknding

vacancy .

the Assessment Boa1.d shall apply mutatis mutrtndis to the Drainage

Board,

Regulations for

businesa of D~ainage 27, The Drainage Board may from time to time make, amend

B w d. add to, and annul regulations for or relating to-

r. The times and places and notices of its meetings:

11. The conduct of its proceedings and business:

111. The duties, control, supervision, and guidance of its officers,

and servants:

IV. The use of its common seal.

All such regulations shall be published ill the Gocermejzt Gazette ; and the Gazette purporting tbo contain any such regulation, amend- ment, addition, or annulment shall be conclusive evidence thereof and that it was duly made or effected.

Feea ant1 aHonar.ce 28. (1) Each representative member of the Drainage Board

to members	shall be paid out of the funds of such Board by way of rernnnera- tion for his services the sum of Olle Poulld for each meeting of the
Board which he attends: Provided that such remuneration i11 case
of any such member shall not exceed the sum of' Seventy-eight
Pounds in any one year.
(2) The member of the Drainage Board appointed by the Governor shall be paid out of the General Revenue uf the State such salary for his services as the Commissioner determines.
(3) All members of the Drainage Board shall, in addition to the amounts hereinbefore mentioned, be paid out of the funds of such Board their travelling expenses incurled in connection with the business of such Board according to such scale as the Commissioner thinks reasonable and fixes from time to time.

Officera and auditore 29, The Drainage Board-

of Drainage Board. "

May from time to time appoint and employ such officers and

servants as they deem necessary for enabling the Board to

carry into execution its various powers and duties, at such

salaries

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salaries and wages and with such allowances for expenses as the Board deems proper, and inay remove or dismiss any officer or servant at pleasure, but without prejudice to the rights of any person wrongfully removed or dismissed:

Shall appoint two auditors (not being members of such Board)

every year, who shall hold office for one year and shall be paid such remuneration as the Board' thinks proper. No person shall be appointed an auditor for more than two consecutive years.

30, The Drainage Board-	Minutes and accounte
of Drainage Board

Shall cause proper minutes or records of all ita proceedings to be kept. Every minute or record purporting to be signed by the chairman or acting chairman of such Board and every document purporting t o be certified as a correct copy of any minute or record under the hatid of the chairman shall be presumed to be the minute or record or a correct copy thereof, and shall be evidence of the matters therein stated according to its purport: and audit.

Shall cause to be kept proper books of account for the purpose

of entering all sums of money received and paid on behalf of such Board, which books and all vouchers shall at all times be open to the inspection of the auditors and of the chairman of any of the District Councils or any person appointed for that purpose in writing by the chairman of any of the District Councils:

Shall cause the accounts of such Board to be balanced annually, and to be delivered to the auditors for examination within thirty clays next after the thirtieth day of November in each year. The auditors shall carefully examine such accounts with the books, papers, and vouchers of the Board, and shall cause the same to be corrected or altered

pleting such audit, their duties shall continue until such whenever found necessary; and for the purpose of com-

accounts have been duly examined and audited by them,

notwithstanding that their successors have been appointed: Provided that the Governor may at any time cause the accounts of such Board to be audited by the Corrimissioner of Audit or any other person appointed by the C xovernor; and the Commissioner of Audit or person so appointed shall, for the purposes of such audit and accounts, have all the powers for the time being vested by law in the Commissioner of Audit in relation to the audit of public accounts:

Shall cause a n account of all moneys received and expended by virtue of and for the purposes of this Act, signed by the chairman and certified by the auditors, specifying the total sum received from each source of income, and the

total

12 8" EDWARDI VII, No. 962.

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PART 111.

~ J I V ~ S I O N I. total annual revenw, and the total amounts disbursed

P- - -

under each head of expenditure, and the total annual ont- lay, made up to the thirtieth (lay of November in each year, to be laid before Parliament on or before the first day of March nest ensuing if Parliament is thea in Sesslon; otherwise as soon thereafter as l'arliament is in Session. Snch annual account shall, on or before the first (lay of March, also be printed and plblished for distribution or atlvertiscd for public information as such Hoard directs.

~ ) I V I S I O N 11.

-	-	DIVISION	11.---FUNCTIONS	OF BOARD.
Commencement and

application of this 31. The provisions of this l)ivision of this Part shall come into

Division.

force on w date to be fixed by the Governor by Proclamation pub-

lished in the Gazette, and s l d l apply to the South-East only.

Powers and dulies of

District Councils to 32. (1) Upon the date referred to in the next preceding section

vest in Drainage	all the property, rights, powers, functions, obligations, duties, and
Board as to South-
East.	immnnities of the District Councils, and any of them, untlcr or by virtue of' the principal Act or The South-Ihstcrn 1)rainagc Act
Cf. 62'3, 1695, S. 3.	Amendment Act, 1895,'' and all other 1woltcrty, right^, ~)OIVC'TS, functions, obligations, duties, ttnd iruinu~lities of tht. 1)istrict Councils, and any of them, whcthcr by Statnte or othei.wist~, ill con- ne<:tion with or for the 1)urposes of main and district drains and drainage works, or any of them, shall cease to be vested in or exercised, performed, or enjoyed by the District Councils or any of them; and upoil the said date ailcl thereafter all such property, rights, powers, functions, obligations, clutics, and iinmunities of the District Councils, and any of them, and all powers, functioils, obligations, duties, and immunitics which hefore the passing of the last-mentioned Act might be exercised, performed, or enjoyed within the South-East by a I>raiil;ige Board or Boards shall be vested in and be exercisecl, performed, and enjoyed throughout the South- East by the Ihainage Board.

(2) Upon the said date and thereafter-

(a ) All the provisious of the principal *4ct and of ;"l'lle South-

Eastcrn ljrainage RC; Xinentiment ,4ct, lt39.>," so far as they apply to the District C o u i d s and their districts shall apply to the Drainage Uuard a i d the South-East to the same exteut as if the Drainage Hoard

a n d the South-East had been rcfimed to in the last-

mentioned Act in place of District Councils or a Ilistrict

Council and their districts or district; and

( b ) The South-East shall be a llrainage Llistrict within the

meaning of the principal Act.

The Draina~e Board 33. The Drainage Board shall have the care, control, and

to hare control and

management of all main and district drains and drainage works

draine.	within the South-East, whether heretofore or hereafter constructed,
cf. a c t 629, 1895,	and shall thoroughly cleanse, repair, and maintain the same in a

e. 4. due

8" EDWARDI VII, No. 962.

The South- Eastern Drainage Act Amendment Act.-1 908.

PART 111.

clue state of efficiency to the satisfaction of the Commissioner; and DIVISION IT.

it' the Drainage Board fails to cleanse or repair any drain or	- -	_ -
drainage work under its control within a reasonable time after being rquired by the Commissioner to do so, the Commissionei may cause thc same to be cleansed or rtlpaircd, as I hc case may require; and
the cost thereof shall be paid by the 1)rainage Hoard to the Com-
~llissioncr, or may 1)e t led~~cted from any money or subsidy payable
11)- thc Gororllnient to the Drainage Boarcl or from any money or
subsidy payable by thc Government to any of the I)istrict Councils within whose district such drain or drainage work is situated, or partly froni one and partly from the other of such moneys and sub- sidies.

for t,he purpose make ad\-ances to the 1)rainagc Roard for the con- Board. 34, The Conlinissioner may out of moneys voted by Parliament Tmns to Drainnge

struction of district drains and drainage works, ant1 such moneys Cf. ibid.,	G-
shall be repaid to the Comniissioner in twenty yearly equal in- stalments, together with interest at a rate of not exceeding Yive Poun(ls per centurn per annum, to be fixed by the Commissioner.

36. The Drainage Roard may, with the consent of thc Corn- PO\ver district drains with

missioner, connect district drains with main drains.

main drains.

Cf. ibid., S. 8.

37. All district clrains and drainage works undertalcon by the Drains to be con- structed under super-

Drainage 13oard shall be constructed nndcr thc supervision and intendence of

~ngineer - in -ch ie f.

subject to the direction and control of thz 1:ngirleer-in-Chief. Cf. ibid., S. 9.

38. Wi th regard to any works to be constructed under this Lands Clauscs Con- solidation Acts

Part and for the purposes of the Acts lllellti~lleti ill section 10 incorporated.

of " Thc Sooth-Eastern 1)rainage Act Amendment Act, 1895 " cf. ibid.,

lu.

rimnely, - The Lands Clauses Co~lsolidation Act " (being No. 6 of 18-27), tlic Act to amend the same (being No. 26 of lH.>3-6), and the " Lands Clauses Consolidation Act Anieiiclment Act, l 8 8 1" (being No. 202 of 1881), except sections 110, 114, 115, 116, 117, and 118 of thc Act NO. 6 of 18471, the expwssions " thc promoters of the untlertalting" and " the special Act'' shall, whenever used in the said Acts m&tioncd in the said section 10, or any of them, mean the Conimissioner or the Drainage Board (as the case may be) and this Act respectively: Provided that, for the purposes of section 13 of the said Act No. 202 of 1881, there shall be deemed to be no such special Act.

39. I n estimating the compensation or purchase-money to be Enhancementinvalue

paid by the Conlmissioner or the Drainage Board for any land ~xingcompenaat~on. to be considered in

acquired for the construction of any drain or drainage works or any ibid., I, .

damage

14 8" EDWARDI VII, No. 962.

The South-Eastern Drainage Act Amendment Act.-1908.

-

PABT 111. damage suffered by reason of such construction: the enhancement in

D l v ~ s l m Ir. value of any lands belonging to the person to whom the compensa- tion, purchitse-monc\p, or darnawe is to bc paid, and the value of any m. other benefit or advantage which such person has obtained or may or will obtain by reason of tllc construction of such drain or drain- age works, shall be deducted from the amount of such compensa- tion, purchase-money, or damage.

Assessment of lands 40, The Drainage Board may, whenever they consider i t ilcces-

for drainage purposes.	sary, cause an assessment to be made of all or any ratable propcl t y
Cf. ibid., a. 12.	(within the meaning of the District Councils Act) within the f outh- East, and of the increase in value of such ratable property due to the construction of the drains and drainage works in the ' south-~ast,
the assessment of' such inc~ensecl d 1 1 e to be made according to a percentnge of five per centunl on the increased value of thc fce-
siml~le of such ratable property.
Drainage Aeseesment	41, Every such assessment shall be written in a book, to bc called the " l h i n a g c _4ssessment Hook," aild such book

Book. shall be ill

Cf. ibid., S. 13.	the form in the Xleventh Schectulc to " 'l'he District Councils Act, 1887," except that an additional colllmn under the hcaciiq
Assessed value of increase in fee-simple value clue to drains and drainage works " may be added to Part I. thereof, and all columns in Part IT. showing rates declared may be omitted, ancl an additional column added under the heading " Ilrainage declared on thc

clay of , l ," with sub-headings " Amount

payable " and W7hen paid."

Ureinage ratea may 42, The Drainage Board luay declttre and levy an aiinual ratc

be levied.	on all ratable property entered in the Drainage Assessment Book, to
cf. ibid., B. 14.	be called the " drainage rate," and such rate shall be a differential rate, that is to say. th3 amount thereof' shall vary with the increase in value of' the ratable property cine to the construction of drains ancl drainage works, and shall be calculated at a percentage on the
assessment of such increased value.
Provisions of District

Councils Act to apply. ments and rates and the recovery of rates (except as to limitations of 43, All p1ovisions of t lie District C'ouncils Act relatilig to assess-

cf. ibid., a. 15. the amounts of rates), and the forms therein provided for, varied as the cit.cumstances may require, shall, so fur as applicable thereto, apply to the assessments and rates herein provided for and the recovery of such rates.

HOW drainage rate 44,

The moneys derived from the drainage rate shall be expended works, in repayment of advances made by the Commissioner and the interest thereon, and in expenses connected with the care, control, and management of drains and drainage works.

expended. only in cleansing, repairing, and maintaining drains and drainage

la.

Dietrict Councilsmay

provide money for 45, Notwithstanding anything herein contained, any of the Dis-

drainage purpasee. trict Councils may pay to the Drainage Board any portion of its

Cf. ibid., S. 17. ordill ary

8" EDWARDI VII, No. 962. p --- - - p - -

- - - -

The Sozlth- Eastern Drainage Act Amendment Act.--1 908.

-

---

ordinary revenue to be expended by such Board within the district

of such Ilistrict Council for ally of the purpoacs specified in the next

prece(ling section and for th- construction of district drains and

drainage works within such district.

46, Nothing in this Part or elscwhcre in this Act contained	to derogate from
Special proviaions n3t

&all be held to deropte from or in any way diminish the effect of general provisions.

the l~r~visions of section 32 hereof.

47. (1) Any peison constructing any drain or drainage works to Licence required for

connect with any main or district drain, or any drainage worlts under	private drains.
Cf. Act 104, 1878,
the cal,e, control, allcl management of the Drainage Board, without	S. 49.
the licence in writing of such Roartl first obtained, shall be guilty of an offence against this Act, and shall for every such offence be liable to a penalty of not, more t hail Twenty Pounds.
(2) Any such licence may authorise the person so licensed to construct a tlrain or drainage works through any lan(1; and any question of compeusation between such person and the owners or occupiers of any land for any damage arising from or in connection with the construction of such drain or works shall be determined by the Drainage Hoard, whose decision shall be final and not subject to any appeal or to 1)e questioned in any way.	Cf, ibid, S. 48.

48. (1) Ally person obtaining such licence as mentioned in the	To be oonetructed to
satisfaction of Board

next preceding section shall construct the drains or works only in	and kept in repair.
manner prescribecl by such licence, and to the stttisfaction of the	Cf., ibid N. 50.
Ihainagc Roard, and within the time (if any) limited by such licence, and shrill keep the drain or works if and when constructed in good and substantial repair and pro1)erly cleansed.
(2) If such person fails to construct such drain or works, or to construct the same as incntionecl i11 su1)sertion (1 ) of this section, or to keep thc same in reitair or ~ l ~ a n s e d as aforesaid, the Drainage Board may construct the same or repair or cleanse the sainc (as the case may rcquirc.), and in that case such person shall be liable for
jurisdiction, or by distress and sale of any goods and chattels on
all costs and expenses incnrrect by such Board in so doing, and tile	same may he recolered by the Board in any Court of competent	any propertv of such person.

CONSTRUC'l'lON O F DltAIN ON PETITION O F

LANDHOLDERB.

49, A lxtition may be presented to the Commissioner by land-

Petition for drain.

holders requesting that a drain or drains (hereafter in this l'art Cf. Act 737, 1900, s. 3 (part).

called L ' the drain ") indicated in the petition be constrt~cted.

50, Such petition shall be in the form in the Second Schedule Formof petition-

hereto, and each signature thereto shall be witnessed by some person Cf. ibid., s. 4

who

8" EDWARDI VII, No. 962. - - - - - - - p -- - -- -P --

The South- Eastern Drainage Act Amendment Act.-l 908.

who shall make a declaration before a Justice of the Peace in the form at the end of said Second Schcdule; and mlv person wilfully making any false statement in such declaration sliill be guilty of ;L

misdemeanor, and shall be liable, on convi~tion, to imprisonment with

hard labor for any tern1 not exceeding two years.

Engineer-in- Chiefs 51, The Cornmissioncr shall refer the petition to thc Engineer-

preliminary report.	in-Chief, who shall as soon as lmcticable furnish the Commissioner
Cf. ibid., 8. 3 (part).	with a preliminary report certifying-

(U) Whether or not he recommends the construction of the drain;

( b ) What lands will, in his opinion, be benefited by the drain;

(c) His estimate of the cost of constructing the clrain.

Commissioner's 52, (1) After receiving the Engineer-in-Chief's report the Conl-

approval.

missioner shall, if he approves of the construction of the drain, by

Cf. ibid, a. 5.

notice in thc Gnxettz (hereafter in this Act called '' the Corn-

missioner's declaration ") cleclare-

(a) That he approves of the same; and

( b ) The particulars referred to in paragraphs ( 6 ) ancl (c) of the

next preceding section hereof.

(2) The C~ommissioner's tleclaration shall bc conclusive as to what lands will be benefited by the drain.

(3) The Commissioner's declaration may be in the form in the Third Scheclule hereto.

Commissioner to	53, (l) Unless witliin one month of the publication of the Com-
decide whether

petitioners are	missioner's declaration in the Gazette what the Commissioner in his
majority of	discretion considers to be a substantial number of the petitioners, A

landholders and hold

three-fourth in value by notice in writing received by the Commissioner, withdraw the

of benefited lands. petition, the Cornmissioncr shall decide whether or not the petitioners

cf.	itid., 8. 3 (part).	are a majority of the 1andholtlel.s of the lands which will be benefited
by thc drain, and whether or not the value of the lands of which they
are the landholders is at least three-fourths of the value of all thc
lands which will be benefited by the drain.

(2) I n this section " value " means-

I. As to lands assessed for the purposes of land tax, the

unimprovecl value of such lands as so assessed:

11. As to lands not so assessed, the unimproved value of such

lands as assessed by the Assessment Board.

(3) For the purpose of deciding as in this section mentioned the Commissioner shall, upon recciring the Engineer-in-Chief's report, direct the Assessment Hoard to assess the unimproved value of the lands referred to in paragraph 11. of subsection (2) of this section, and the Assessment Board shall as soon as practicable thereafter make their assessment.

(4) upon

- 8' EDWARDI VII, No. 962.

The South-Eastern Drainage Act Amendment Act.-1908.

-- - - -. - -- -- -

-

(4) Upon deciding as in subsection (l) of this section men- tioned, the Commissioner shall publish his decision by notice in the	PAW
aret tie, and such notice shall b'o conclusive as to t6e accuracy of
such decision.

54. If the Commissioner decides that the petitioners are a Constructionof drain.

majority of the landholders of the lands which will be benefited by cf.,	ibid., 8.	6.
the drain, and that the valne of the lands of which they are the landholders is a t least three-fourths of the valne of the lands which will be benefited by the drain, the Commissioner sEld1, after the publication of his decision in the Gazette, proceed with the construction of the drain out of moneys provided 113' Parliament for the purpose of constructing drains:
Provided that before the construction of any such drain is pro- cceded with the Engineer-in-Chief shall supply to one of the applicants, to he nominated for the purpose by s majority of the petitioners, a plan and specification of the proposed works t o be undertaken, together with an estimate of the cost thereof:
Provided also that so soon as tenders shall have been received for the proposed works copies of all tenders and the amounts thereof shall be similarily supplied to the person nominated by the petitioners.
If within twenty-one days from the receipt of the tenders by the petitioners' nominee a majority of the petitioners shall signify to the Commissioner of Crown Lands that they do not desire the work to be proceeded with the Commissioner shall not accept any tender for the proposed work. The costs of the prepara- tion of plans and calling for tenders shall be borne by the petitioners.

55. The cost of constructing the drain shall be deemed to be an cost to be paid by

advance by the Commissioner to a,l1 the landholders of the lands 'andho'ders.

which will be benefited by the drain, and such advance shall be cf. it& 7.

repaid to the Commissioner by such landholders, with interest

thereon at the rate of Four Pounds per centum per annum, in the

proportions to be ascertained as hereinafter mentioned.

56. (1) When the construction of the drain is completed the Engineer-in-chief's

Engineer-in-Chief shall furnish the Commissioner with a final report, final report.

certifying the date of the completion and the cost of the con- Cf. ibid., a. 16.

struction of the drain.

(2) The Commissioner shall, by notice in the Guxette, publish such report, and such notice shall be conclusive as to the date of completion of the drain and the cost of construction thereof, not- withstanding that it differs from any previous estimate of the cost.

57. (1) The Assessment Board shall, within three years after Preliminaq

the date of completion of the drain, make a preliminary apportion- ,be,,, apportionment of

ment of the cost of the construction thereof amongst all the land- c f. ibid., s. 9.

C-962 holders

18 8" EDWARDI VII, No. 962. - _- _-- - _I_- -

The South- Eastern Drainage Act Amendment Act .-l 908.

PART Iv- holders of the lands benefited by the drain, as declared by the Commissioner's declaration.

(2) The Assessment Board shall by notice published in the

'Gazette set forth the preliminary apportionment.	Such notice may
he in the form in the Fourth Schedule hereto.	'l'he Gazette con-

taining such notice shall be conc1usi~-c as to such apportionment.

Objection to the

apportionment.

58. (1) Any landholder may, within two months after the

publication of the notice of preliminary apportionment, ohject to

Cf. ibid., 8. 10.

the amount of the cost apportioned to him by such apportionment. The objection shall be made by notice served on the Commissioner, and inay be in the form in the Fifth Schedule hereto.

(2) Proof of the posting of the notice of objection as a registered letter addressed to the Commissioner shall be sufficient evidence of the service thereof.

Determination of

59. (1) Every objection shall be considered by the Assessment than seven days after the posting of such notice, and a t a place fixed by such notice: Provided that the consideration of any objection may be adjourned from time to time and from place to place as such Board deems convenient.

objection.

Board a t a time fixed by notice posted to the objector, not being less

Cf. ibid., S. 11.

(2) The objector may attend any meeting of the Assessment Board held t o consider his objection, and may produce such evidence as such Roarcl deems relevant.

(3) The Assessment Board may make any inquiries they deem necessary, and inform themselves in such manner as they deem fit for the purpose of determininq the ol)jection, and shall not be bound to observe any rules of evidence or procedure.

(4) The Assessrnent Board shall consider the objection and

determine the same as they find to be fair and equitable, and may

confirm or increase or cllccrease the amount of the cost apportioned

to the objector, and may, if the i~mount is confirmecl or increased,

order the objector to pay the costs occasioned by the objection.

(5) The determination of the Assessment Board shall be final, and not subject to any appeal or to be questioned in any way.

Adji~etment of ap- 60. If upon the consicleration of any objection to the pre-

portionment .	liminary apportionment the amount apportioned to any land-
N ~ W.	holdei. is altered, the Assessn~ent Roa,rd shall adj just the amounts
apportioned to other landholclers as may be found necessary.

Find apportionment. 61, l 'he L4ssessment Board shall fbrthwith, after the time for

A C ~ 737,1900, sec. 12. objecting has expired, if no object ion is pending, or if any objection is pending, then forthwith the dete~.lnination of all objections, make their final apportionment of the cost of the construction of the drain, and fix the yearly instalnlents to be paid by each l a d - holder to the Commissioner ancl the date npoll which the first instalment is to be paid. 62. (l) 'h

8" EDWARDI VII, No. 962. 19

The South-Eastern Drainage Act Amendment Act.-1908. -- -

''1) The Assessment Board shall publish in the: Gazette a notice setting forth the final apportionment, the yearly instalments, Notice of PART m.

62.

acd the date upon which the first instalments are to be paid.	apportionment.
Cf. ibid., S. 13.
(2) Such notice may be in the form in the Sixth Schedule hereto, and shall be conclusive evidence of all matters set forth therein, and of the validity thereof.

63, (1) The amount of the proportion of the cost of cons tructiorl Repayment of cost

:~pportioned to any landholder shall be n debt due from such land- of construction. holder to the Commissioner, and shall be a first charge upon the ""ibid.*s. 14. land of such landholder which is benefited by the drain, and shall

be paid by such landholder to the Commissioner, with interest thereon at the rate of Four Pounds per centum per annum, in forty-two equal yearly instalments, according to the scale set forth

in the Seventh Schedule hereto.

(2) The first of mch instalments shall become due on the first

day after the expiration of five years from the date of the com-

letio ion of the draiu, and one of such instalments shall fall due on

the same day in each year thereafter until the whole debt has been paid: Provideu that any landholder may at any time pay the balance of the amount charged on his land, with any interest then due, whereupon his liability and the charge upon his land shall cease.

(3) In computing the amount of the yearly instalments the interest for the first five years shall be added to the amount of the proportion of the cost of construction, but no interest shall be charged upon the interest for such five years.

(4) The charge upon the land may be enforced by fhe Commis- 380 of 1886-

sioner as if he were a mortgagee under "The Real Property Act,

1886."

64. (1) Where any land charged as in the next preceding section Lesseeatopay proportion of cost

mentioned is subject to a lease to anv person other than the land- tolandholder.

holder of such land, the lessee undei such lease shall pay to the ibid., IJ.

landholder during the currency of such lease sucli proportion of each annual instalment payable by the landholder as may be agreed between them.

(2) I n default of agreement, the amount of the proportion to be

paid by the lessee shall be settled by the Assessment Board on the

application of either the landholder or the lessee.

(3) Such application shall be made by notice served on or sent

by registered post to the other party and the Assessment Board.

(4) The application shall be heard by the Assessment Board at a time fixed by notice posted to both parties, not being less than seven days after the posting, and at a place fixed by such notice: Provided that the hearing may be adjourned from time to time and from place to place as such Board deems convenient.

( h ) The

8" EDWARDI VII, No. 962.

--- -L- --p-p

The South-Eastern Drainage Act Amendment Act.-1908.

- --

( 5 ) The Assessment Board may inform themselve~ in such manner

as they deem fit for determining the ppor t ion to be paid by thc lessee, and sllall not bc bound to ohserve :my rules of evidence or procedure.

(6) The ."lsessment Hoard shall determine the matter as they

deem fair and equitable, and may order either party to pay the costs

of the application, not exceeding Five Pouncis.

(7) The determination of the Assessment Board shall be final, and not subject to any appeal or to be questioned in any way.

Recovery by distress

85. In addition and without prejudice to any other remedy, the Commissioner may recover any instalment due to him from any landholder, which remains unpaid for three months after the same has bec~rne due, by distress and sale of any goods and chattels on any land upon which the debt due from the landholder to the Com- missioner is charged, or such instalment may be rccovcred in any Court of competent jurisdiction by action in the name of the Com- missioner from the landholder of such land for the time being, and no statute of limitations shall affect any such action.

Ibid:, S. 18.

PART V.

GENERAL PROVISlONS AND L1:GiiL PROCEDURE.

act No. 629 of 1896 (36, Nothing in this Act shall be held to limit the operation of

to remain in force.	section 2 of The South-Eastern Drainage Act Amendment Act,
1895," and that Act shall, except so far as inconsistent with or
repugnant to this Act, remain in full force and effect.
In proceedinge fee-

simple deemed to be 67. Except in any proceedings taken or defended on behalf of

vestedinDrainage	the crown against the Drainage board or a District Council, and
Board or District
Councils.	notwithstanding the provisions of sections 13 and 14 of the principal
Cf., Act 104, 1878, R.	Act, the Ilrainage Board or a District Council respectively shall in
17.	all proceedings in all Courts of Justice, and before all tribunals and
persons, and for all purposes whatever, be deemed to haw vested ill it the fee-simple of the main and district drains and drainage works
under its care, control, and management; and in any legal or other proceedings, except as aforesaid, taken or rlefendecl bp such Board or Council in 'espect thereof no proof whatever shall be required of such fact, and the mere allegation by such Board or Council of the vesting of the same shall be taken for all purposes to be full and sufficient proof thereof.
Penalty for

obstruction or 68, Any person causing or permitting any obstruction in, or

nuisat~ce.	otherwise injuriously affecting, any main or district drain or drain-
cf. ibid., s. 36.	age work, or any drain or wall, heretofore or hereafter constructed or commenced by the Commissioner, any Drainage Board, any District Council or Councils, or the Drainage Board, or rausing-any filthy or unwholesome water, or washings of manufactories or mines, or other foul or poisonous liquid, to flow into any such dlain or drainage work, qithout the consent of the Commissioner or the

authority

8" EDWARDI VII, No. 962. 91

--

The South- Eastern Drainage Act Amendment Act.--1908.

authority having the care, control, and management of such drain	PABT v.
or drainage work first obtained, shall, for every such offence, incur a penaltynot exceeding Five Pounds, and a firther penalty of 'l'wo l'ounds for every day during which the offence is continued.

;my Act incorporated' herewith shall be by information, and shall offences. 69. All proceedings in respect of offences against this Act or Proceedings for

be heard and determined in a summary way before any Special Nagistrate or any two or more Justices, under the Ordinance No. 6 of 1850 and the Act No. 298 of 1883-4, or any Act for the time being in forcc relating to the duties of Justices as to summary pro- ceedings.

70, There shall be an a.pl~eal from any decision or order of a Appeal.

Special Magistrate or JUS~~-CCS in any proceedings in respect of offences against this Act to the Local Court of Adelaide of Full Jurisdiction, or to the nearest Local Court of Full Jurisdiction. Such appeal shall be regulated by the said Ordinance No. 6 of 1850 and the said Act No. 298 of 1883-4: or any Act for the time being in force relating to appeals to Local Conrts. The Court on such appeal may make any order as to costs which it thinks fit, although such costs exceed Ten Pounds.

71. (1) The Local Court may state a special case for the opinion Specid ease.

of the Supreme Court.

(2) The Supreme Court shall deal with such special case accord- iiig to the practice of the Supreme Court on special cases, and may make such order therein, including any order as to costs of the pro- ceedings in that Court and the Courts below, as to the said Supreme

C;ourc appears just.

72, The forms in the Schedules hereto shall as far as practicable Forms and notices.

be adhered to, but may be altered or varied as the case may require. No notice shall be deemed bad or insufficient if in substance it com-

plies with the requirements of this Act.

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

this Bill.

GEORGE R. LE HUNTE, Governor.

THE

8' EDWARDI VII, No. 962.

The South-Eastern Drainage Act Amendment Act.-1908.

T.HE SCHEDULES.

THE FIRST SCHEDULE.

Portion of the Cozcwty of Cardtoell iucluded in the South-Eitst."

That portion of the county of Cardwell enclosed by a line commencing at the idtersection of the western side of a road 174 chains '18 links east of the north-west corner of block 11, hundred of Landseer, with the south boundary of county Card- well; running thence north for seven miles; thence west to the sea coast; thence in a south-easterly direction along the sea coast to the south boundary of county Cnrdwell; and thence east along the said south boundary of county Cardwell to the point of commencement.

Sec. 60. T H E SECOND SCHEDULE.

" The Sout,h-Eastern Drainage Amendment Act, 1908."

Form of Petition to Construct Drain.

'l'o the Commissioner of Public Works, Adelaide.

We, the undersigned, being a majority of landholders and representing three- fourths in value of the land to be improved by the construction of the drain herein- after mentioned, hereby request you to construct the drain following, namely [describe drain].

The following are the lands which will be benefited by such drain [here set out

sections or blocks and hundreds].

And me each undertake to pay our proportion of the cost of the construction of such drain at the times and in the manner provided by	The South-'Eastern Drainage
Act Amendment Act, 1908."

The full names, addresses, and occupations of each of us, and particulars of the lands to be benefited by the drain of which we are landholders, are set out below :-

Occupation. I giving Section Signature of

*Umber and 1 Signature. W1twss.

I Hundred.

l

.	.
-

Dated the day of

Declaration by ?fitness.

I solemnly and ~incerely declare that the signatures to the above petition, opposite

to which my name is signed, are the genuine signatures of the persons whose signa-

tures they purport to be.

[Signature of Witnest.]

Declared before me a t this day of , 19 .

, Justice of the Peace.

THE

8" EDWARDI VII, No. 962.

The South-Eastern Drainage Act Amendment Act.-1908.

THE T H I R D SCHEDULE. 8ca. 62.

"The South-Eastern Drainage Act Amendment Act; 1908."

Declaration of Approval o f Proposed n r n i a.

A petition having been presented for the construction of the drain hereinafter mentioned, 1, , Comn~issioner of Public Works for the State of

south Australia, do hereby declare that-

(a) I approye of the construction of [describe drain] :

( h ) The lands which will 'be benefited by the constrnctior, of the said drain are

[here set out the lands] :

( c ) T h e estimate of the cost of constructing the said drain is E

Dated this da? of , l 9 .

, Commissioner of Public Works.

THE FOURTH SCHEDULE.

Sec. 67.

" The South-Eastern Drainage Act Amendment Act, 1908."

Notice of Appodion~nent.

'The South-Eastern Drainage Assessment Board has made a preliminary apportion- ment of the cost of construction of [describe drain] amongst the landholders of the lands benefited by such drain

--p-	-	-	- -
l I
( Sections or Block I Amount of

Name of Lsndholder. and Hundred. I Apportionment

-----------

S S. d.

John Smith .. .. .. .. .. .. .. .. .. .. .. .. .. l g+, Grey 25 0 0

William Jones .. .. .. .. .. .. .. .. .. .. .. .. 110, Grey

I	1 5 0 0 0
I

Dated the day of , 19 .

...................... Members of the South-

......................	Eastern Drainage
.. .. .. .. .. .. .. .. .. .. .

i Assessment Board.

THE F I F T H SCHEDULE. SW. 68.

The South-Eastern Drainage Act Amendment Act, 1908."

Notice of Objection.

To the Commissioner of Pnblic Works.

Take notice that I object to the amount of the cost of [here describe the d m i n by

a name it is knqton by, or otherwise she--tly and suficient to identify it] apportioned to

me by the preliminary apportionment of the South-Eastern Drainage Assessment

Board, on the ground that such an~oimt is too much.

Dated the day of , l 9 .

E Signature of objector.] Acldresv a ~ r d occupalio~a.]

THE

8" EDWARDI VII, No. 962.

The South-Eastern Drainage Act Amendment Act.-1908.

T H E SIXTH SCHEDULE.

" The South-Eastern Drainage Act Amendment Act, 1908.''

W. ATobce of final apportionrnetzt of the cost of comx?ructing the [describe drain].

Proportion of Annual Instal-

Name of Section Or Cost to he borne ment~ to be 1 In:&2n+

Lnndholder. and ITundred' bv Landholder. aid by each beconlea

John Smith ........ 1 94, Grey 25 0 0 1 8 7 June

lst,

1913

William Jones .. .. .. 110, Grey 50 0 0 2 1 7 2 J u n e l s t,

1913

Dated the day of , 19 .

...... .. .. .. .. .. .. .. .. . Members of the South-

...................... [ Eastern Drainage

....................... Assessment Board.

T H E SEVENTH SCHEDULE.

Scale showing Amount of Instalments to repay $100 wi th interest a t 4 per cent. in

Forty- two Annual instalments, commencing Five Years after the Data of the

Arlvnnce. The Interest j o r the j r s t Five Years to be Capitalised.

2 S. d.

-4nnual instalment ...................... 4 15 1

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