The South Eastern Drainage Amendment Act 1900 (SA)

ANNO SEXAGESIMO TERTIO ET SEXAGESIMO

QUARTO

A. D. 1900,

No. 737.

An Act to amend the South-Eastern Drainage Acts.

[Assented to, December gth, rpoo. ]

E it Enacted by the Governor, with the advice and consent of

B the Parliament of South Australia, as follows:

1, This Act may be cited as "The South-Eastern Ilrainage sh~rtt i t i~ma

Amendment Act, 1900," and shall be incorporated with "The South- h"vO*~on-

Eastern Drainage Act, 1878," and '' The $outh-Eastern Drainage

Act Amendment Act, 1895."

2, In this Act the word "landholder" shall include the owner of Definition.

lands as assessed by the Drainage Assessment Board constituted by this Act. 4, Such

any freehold estate in land, the holder of land under agreement with the Crown for the sale of such land upon credit, the lessee of any land held under lease from the Crown, and, as to unleased Crown lands, the Commissioner of Crown Lands.

3. A majority of landholdera, representing three-fourths in value R ~, ~ U * S ~ outmat

of the land to be improved by the construction of any of the drains mentioned in Schedule I. hereto, or any other drain which may be recommended by the Engineer-in-Chief, may request the Commis- sioner to construct any of such drains.

In this section value " means:

1. As to lands assessed for the purposes of land tax, the unim-

proved value of such lands as so assessed:

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

636 & 64' VICTORIW, No. 737.

The South-Eastern Drainage Amendment Act.-1900.

F	O	of ~ g u t ~ ~ t.	~	4, Such request tnay be in the form in Schedule 11. hereto, ana 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 Schedule I1 aforesaid; and any person wilfully making any false statement in such declaration shall be guilty of a misdemeanor,
and liable, on conviction, to imprisonment with hard labor for not
more than two years.

Commissioner's 6, If the Commissioner approves of the construction of the drain

approval. mentioned in the request he shall give notice of such approval in the Government Gazette, and shall set out in such notice a definition of the lands to be benefited by such drain, and such notice shall be conclusive evidence of the lands to be benefited. Such notice may be in the form in Schedule 111. hereto

Coaatruction of drain. 6, After the publication of such notice the Commissioner shall

proceed with the construction of such drain out of moneys voted by

Parliament for the purpose of constructing drains.

Coat to be paid b~r 7, The cost of constructing such drain shall be deemed to be an

landholdera. advance from the Commissioner to all landholders of land to be benefited by the construction of such drain, and such advance shall be 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.

Drainage Assessment 8. A Board, called '' The Drainage Assessment Board," but

Board. hereinafter referred to as " the Board," is hereby constituted, con- sisting of the Superintending Surveyor, the Deputy Surveyor-General, and the Chairman of the South-Eastern Land Board.

Board to assess 9, The Board shall, within two years after the completion of' the

benefit.

construction of any drain as provided by this Act, make an assess- ment of the increase in value of the land of each landholder benefited

by such drain, arising from the construction of such drain, and shall	cause a notice of such assessment to be published in the Government
Gazette.	Such notice may be in the form in Schedule IV. hereto.

10, Any landholder may within two months after the publication

~ p p s a l against

arrmasrnent.	of such notice of assessment appeal against such assessment to the
Local Court of Full Jurisdiction nearest to the land assessed.
Such appeal shall be brought by notice to be served on the clerk of the Court and the Board.
Proof of the posting of such notice as a registered letter addressed to the Board shall be sufficient evidence of service of any such notice.

Suoh notice may be in the form in Schedule V. hereto.

Determination of 11, Every appeal shall be heard at the first sitting of the Local

appeal.

Court of Full Jurisdiction held not less than seven days after the

receipt

63' & 64O VICTORIW, No. 737.

The South- Eastern Drainage Amendment A et.-1900.

receipt by the clcrk of the Court of the notice of appeal, or on such day thereafter as the Local Court shall fix, and the Local Court on the hearing of such appeal may increase or decrease the assemment of the increase in value of the land benefited by the drain, arising from the construction of such drain, and the decision of the Local Court shall be final. A certificate of the decision of the Court, signed by the presiding Special Magistrate, shall be sent by the clerk of the Court to the Board.

12, The Board shall forthwith, after the time allowed for appeal- ~ a r d to apportion

ing has expired if no appeal is pending, or if any appeal is pending cod.

then forthwith after the determination of such appeal, apportion the

cost of the construction of the drain amongst all landholders whose

land has been benefited by the draiu in proportion to the increase

in value of the land arising from the construction of the drain, and

shall cause a notice of such apportionment to he published in the

Government Gazette.

struction of a drain may be in the form in Schedule VI. hereto, and ment. 13, Every notice of the apportionment of the cost of the con- Notice of apportion-

such notice- shall be primd facie evidence of the amount of the pro- portion of the cost to be paid by each landholder mentioned in such notice to the C'ommissioner, and of the amount of the yearly instal- merits to be paid to the Commissioner, and of the date on which the first payment will be due.

shall be a debt due from each such landholder to the Commissioner, conetruction. 14. 'l'he proportion of the cost apportioned to each landholder Repayment of cost of

and shall be a first charge upon the land of such landholder benefited by the drain, and shall be repaid by such landholder to the Commissioner, with the interest thereon, in forty-two equal yearly instalments, according to the scale set out in Schedule VII.

after the expiration of three years fiom the date of the completion hereto, the first of such instalments to become due on the first day of the drain, and one of such instalments shall fall due on the same day in each year thereafter, until the whole debt has been repaid. 'L'he charge upon the land may be enforced by the Commissioner as if he were a mortgagee under " The Real Property Act, 1886 ": Pro- vided that any landholder may repay the balance due on his land at any time, when his liability shall cease.

15. Whcre the land of any landholder owning a freehold Private. leasees b p a ~

estate in such land is subject to any lease, the lessee of such land to heholder

propo*on of cost

shall pay to the landholder during the currency of the lease such proportion of each annual instalment of principal and interest payable by such landholder to the Commissioner as may be agreed.

In default of agreement, the amount of such proportion shall

be settled by the Board on the application of either the landholder

or the lessee.

Either

4 63' & 64" VICTORIA, No. 737.

T l l g &uth-Emtem Drainage Amendment Act.-- 1 900.

Either party may, within one month after the decision, appeal from the decision of the Board to the Local Court of Full Jurisdic- tion nearest to which the land is situate.

Such appeal shall be brought by notice filed in the Court and served on the opposite party.

The Local Court hearing the appeal may confirm or vary the decision of the Board, and may order either party to pay the costs of such appeal, such costs not to exceed Five Pounds.

Qert;emtm evidence. 16, A certificate by the Engineer-in-Chief of the cost of the con-

struction of any drain, or the date of the completion of any drain, shall be conclusive evidence of the cost of any such drain or the date of the completion of any such drain, as the case may be.

Forms. 17, The forms in the Schedules hereto are for guidance only, and may be altered or varied as the case may require, and no notice shall be deemed to be bad or insufficient if the requirements of this Act have been substantially carried out.

Recovery by 18. In addition, and without prejudice to any other remedy, the

distreee. Commissioner may recover any instalment due to him from any landholder which shall remain unpaid for three months after the same shall have become due by distress and sale of any goods and chattels on any land upon which the debt due from the landholder to the Commissioner is charged, or such instalment may be recovered in any Court of competent jurisdiction by action in the name of the Vommissioner or Minister of the Crown for the time being con- trolling drainage works from the landholder of such land for the time being, and no statute of limitations shall affect any such action.

Penalty. 19. Any person wilfully obstructing or damaging any drain con-

structed under this Act shall be liable to forfeit and pay for every

such offence a peualty of not more than Twenty Pounds. In the name and on behalf of Her Majesty, I hereby assent to this Bill.

TENN Y SON, Governor.

SCHEDULES.

6 3 O & 6 4 O VICTORIW, No. 737.

The South-Eastern Drainage Amendment Act.-1900.

SCHEDULES.

SCHEDULE I.

List of Drains approved for Construction.

i a ) Cutting the gap and extension of drain at Mount Hope.

b) Five drains in the hundreds of Grey, Monbulla, and Penola.

(c) Drains in the hundreds of Comaurn and Killanoola.

( d ) Draining Garey's Swamp and cutting bars in the watercourses so far as the

Western Swamp.

( B ) A cutting about three miles in length in the Reedy Creek, in the hundred of

Dhffield, to relieve land in the valley of the Reedy Creek, up to Blackford.

The foregoing works are specified in the last report of the Engineer-in-Chief, and are delineated on the plans which accompanied that document.

(f)

Drain from section No. 24, hundred of Koss, to Lake Hawdon. Drain frbm section 60, hundred of Symon, through hundreds of Lake George

and Bray, to Lake Hawdon.

Drain in section 69, hundred of Joyce.

Drain from section 47, hundred of Joyce, to section 13, hundred of Townsend.

An extension of the Burr Heath drain.

SCHEDULE 11.

" The South-Eastern Drainage Amendment Act, 1900."

Form of Request to Construct Drain.

To the Commis~ioner of Public Wirks, 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 eections or blocks and hundreds].

And we 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 Amendment Act, 1900."

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, is set out below :-

Christian and Surname Particulars of Land,

Addxeae. Occupation. giving Seotion Number and

in full. Hundred,

Dated the day of

VICTORIE, No.

me South~Eastm Drailaage Amendment Act.-1900.

Declaration bg Witness.

I solemnly and sincerely declare that the signatures to the above request., opposite

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

tures they purport to be.

[Signature of Witness.]

Declared before me at this day of , l 9 .

, Justice of the Peace.

SCHEDULE 111.

" The South-Eastern Drainage Amendment Act, 1900."

Notice of Appvoval of Request to Construct Drain.

I , Commissioner of Public Works for South Australia, do

hereby approve of the request of landholders for the construction of [describe drain].

The lands to be benefited by the construction of the said drain are [here set out

lands].

Dated this day of , 19 .

, Commissioner of Public Works.

SCHEDULE IV.

" The South Eastern Drainage Amendment Act, 1900."

Notice of Assessment.

The Drainage Assessment Board has made an assessment of the increase in value

of the lands benefited by the construction of [here describe the drain] arising from

the construction of such drain. Such assessment is as follows :-

p - -p v - - -- -- - - - -. - - - -. - p - - - - -

l l

Name of Landholder. Sectiuns or Block, and Increase in Value

Hundred. of Land.

p-- -----p----

g S. d.

John Smith .................... 94, Grey 25 0 0

William Jones	..................	I	110;~rey	I	50 0 0
I	I

Dated the day of , 1900.

.......................... Members of the

..........................	Drainage Assessment
..........................

l Board.

SCHEDULE V.

6 6 The South-Eastern Drainage Amendment Act, 1900."

Notice of Appeal.

To the Drainage Assessment Board and to the Clerk of the Local Court of [name

of court].

Take notice that I appeal to the Local Court of [name of court] of Full Jurisdiction

against the aesesement of the increase in value of my land being [set out sections or

63' & 64' VICTORIA, No. 731.

The South- Eastern Drainage Amendment Act.-1 900.

ur blocks and hundred] arieing from the construction of the [here describe drain by

a name i t is known by, or otherwise, shortly suflcient to identify i t ] on the ground

that such value is assessed too highly.

Dated the day of , 19 .

[Sp$.nature of appellant. 1

[Addrese and occupation.]

SCHEDULE VI,

'' The South-Eastern Drainage Amendment Act, 1900."

Notice of apportionment of the cost of constructing the [describe drain].

lncrease in Proportion of Amount of Date when

value arising Annual Instal- First

Name of Section and Coat to be borne

from mente to be [nstalment

Landbolder. Hundred. by each Land-

the ~~~~~~~~~i~~ holder. paid by each becomes

of. Drain. Landholder. Due.

---

S S. d. S S. d.

John Smith. .. . 94, Grey 50 0 0 25 0 0 June lat,

1903

William Jones. . June lst,

1903

--

Dated the day of , 19 .

......................... Members of the

.......................... Drainage Assessment

.......................... Board.

SCHEDULE VII.

Scale showing Amount of Instalments to Repay $100 with Interest at 4 per cent. in

Forty-two Annual instalments, covm-nencing Three Years ~ f t e r the Date of the

Advance. The h t e res t for the First Three years to be Capitalised.

S. d.

Annual instalment ...................... 5 11 6

.. -..W-- ---

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