The South Eastern Drainage Act Amendment Act 1909 (SA)

EDWARDI V11 BEGIS.

A.D. 1909.

An Act to amend "The South-Eastern Drainage Act

Amendment Act, I 908."

[Assented to, December r r th, 1909.1

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

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

1, This Act may be cited alone as " The South-Eastern Drainage Short title.

Act Amendment Act, 1909," and "The South-Eastern Drainage Act Amendment Act, 1908 " (hereafter in this Act called the said Act ") and this Act may be cited together as "The South- Eastern Drainage Act Amendment Acts, 1908 and 1909."

" bb9

2, This Act is incorporated and shall be read as one Act with Incorporation with

the said Act and the Acts with which the said Act is incorporated.

3, (1) The definition of " Engineer-in-Chief " in section 5 of the Definition.

said Act is hereby amended so as to read as follows :-

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

holding the office of Engineer-in-Chief or (except in

section 6) discharging the duties of such office.

(2) The said section 5 is hereby further amended by striking out the whole of the two lines defining the term 'l	Superintending
Surveyor."

4. (1) After the passing of this Act the Superintending SUP - Membera of

wyor shall not be s, member of the Assessment Board, but the	Bard.
Engineer-in-Chief shall be.a member thereof in his place.

(2) Section

2 go EDWARDI VII, No. 989.

The S o ~ h - E ~ ~ t e r n, h i n a g e Ad Amend& Ad.-1909.

Amendment of m.

of Aut of 1908. (2) Section 6 of the said Act is hereby amended by substituting the word Engineer-in-Chief " for . the words Superintending

Surveyor," in subsection (2) thereof.

Amendment of W. 23

of Act of 1908. 5. Section 23 of the said Act is hereby amended by substituting the word Drainage " for the word Assessment " in the last line

of subsection (2) thereof.

*mdmentofsw.6(

of Act of 1908. 6. Section 54 of the said Act is hereby amended by striking out

the words " of Crown Lands " after the word Commissioner " in

the last paragraph of the said section. \

P d o n a f o r k c b ~ 7. (1) From the passing of this Act--

remainder of L d j Creek draina under Drainage Board.

(a) The provisions of section 33 of the said Act shall apply to that part of the Reedy Creek Drain which is situated in the district of the District Council of Mount Muirhead, and to all drainage works now or hereafter connected with the said drain which are situated in the said district, to the same extent as if the said part of the said drain and the said drainage works were situated in the South- East, as defined by the said Act:

( b ) No Ilistrict Council shall have any right, power, or duty

with regard to the care, control, or manaeement, or the

t

cleansing, repair, or maintenance of the said part of the

said drain or the said drainage works.

(2) In this section the Reedy Creek Drain means the drain at the time of the passing of this Act known by that name, as the same is a t such time constructed and situated, or as the same is for the time being constructed and situated, in consequence of any altera- tions thereafter made in its course or otherwise.

Petition for bringing 8, (1) A petition may be presented to the Governor requesting

other areas within the that any area of land defined in such petition which is not already

Cf. Act 962, 1908,	within the South-East (as defined by the principal Act) may be
8. 49.	added thereto.
Cf. ibid., s. SO.	(2) Such petition shall be in the form in the Schedule to this Act, and each signature thereto shall be witnessed by some person who shall make a declaration before a Justice of the Peace in the form at the end of the said Schedule. Any person wilfully making any false statement in any such declaration shall be guilty of a mis- demeanor, and shall be liable, on conviction, to imprisonment with hard labor for any term not exceeding two years,
Petition referred to

Amssment Board. 9. (1) A petition presented under the next preceding section

Cf. ibid., a. 61.

shall be referred to the Assessment Board, who shall as soon as

practicable furnish the Commissioner with a report stating-

I. The number of the landholders of. the lands situated within

the area defined by the petition;

11. The

9' EPWARDI VII, No. 989.

$?'h South-Emtemz Drainage Ad Amendment Act.-1909,

11 The number of the landholders of lands so situated who are

signatories to the petition;

I 1 1. The total value of the lands situated within the said area;

and

IV. The total value of the lands so situated of which the said

signatories are the landholders.

(2) I n this section " value " means- Cf. ibid., 6. 63 (2).

r. As to lands assessedfor the purposes of land tax, the unim-

proved value of such lands as so assessed:

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

as assessed by the Assessment Board;

and for the purposes of this section the Assessment Board shall assess the unimproved value of such of the lands situated within the ' said area as are not assessed for the purposes of land tax.

10. (1) If it appears from the report of the Assessment Board Proclamationadding the area to the

that the petitioners are a majority of the landholders of the lands South-ht.9p

situated within the area defined by the petition, and that the total	ibid., a. 63.
value of the lands so situated of which they are the landholders is

at least three-fourths of the total value of all the lands so situated. the	4
Governor may, by Proclamation published in the Gazette, add the said area to the South-East within the meaning and for the purposes of the principal Act, and from the date of such publication the South- East shall include the said area in addition to the areas theretofore included therein.

(2) Every Proclamation made under this section shall state within cf. ibid., 8 8. 7 and

what Ward the said area shall be comprised for the purposes of 21'

electing representative members of the Assessment Board, and within

what Ward the said area shall be comprised for the purpose of

electing representative members of the Drainage Board, and from

the date of the publication of such Proclamation the said area shall

be comprised in such Wards accordingly.

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

this Bill.

DAY H. BOSANQUET, Governor.

g?' EDWARDI VII, No. 989.

Tl)e Suudlk-Eastern B&a,ye Act Amendmmt Act.-1909.

- -

THE SCHEDULE.

l

Petitiotr to add an Area to the South-East.

To His Excellency the Governor of the State of South Au~tralia.

1. We, the undersigned, being a majority of the landholders of the lands situated within the area hereinafter defined, and being the landholders of at least three-fourths in value of the lands so situated, hereby request that the said area mng be added to the South-East within the meaning and for the purposes of *'The South-Eastern Drainage Act Amendment Act, 1908."

2. The area above referred to is as follows :-

[Here de jne the area by stating the boundaries thereof;]

3. The full names, addresses, and occupations of each of us. and particulam of

the lands within the said area of which we are the landholders, are set out below :-

-- -

p-

Christian Name Particulars of

Iand, giving Section of

and Address. Occupation. Sigr,aturc. Signature

Number and Witness.

Surname in Full. Hundred.

----------------	l
---I

l

l I I

I solemnly and sincerely declare that the signatures to the a b o ~ e petition. oppositf!

to which my name is signed, are the genuine signatures of the persons whoee

signatures they purport to be. [Signature of Witness.]

Declared a t

this day of

Before me,

A Justice of the Peace in and for the State of South Australia.

-

. A .Adelaide : By authority, R. E. E. R o o a ~ s, Acting Government Printer, North Terrace.