The South Eastern Drainage Scheme Amendment Act 1910 (SA)

GEORGII V REGIS.

A.D. 1910.

An Act to amend " The South-Eastern Drainage

Scheme Act, 1908," and for other purposes.

[Assea fed t o, December 7th, rpro.]

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

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

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

Scheme ~mendrncnt Act, l0lO "; and L ''l'he South-Eastan Drainage Scheme Act, 1908 " (hereinafter called the principal ,Qct), and this Act may be cited together as " The South-Eastern Drainage Scheme Acts, 1.908 and 19 10."

incorporated therewith; and the principal Act and this Act shall be other Acts. 2, This Act is incorporated with the principal Act and the Acts Incorporation with

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read together as one Act.

3, (1 ) The list of 11roposed drains and works contained in the Alteration of the

Schedule to this Act is hereby substituted for the list of proposed 8ct'eme. drains contained in the First Schedule to the principal Act, which is hereby amended accordingly.

(2) 'I'he drains and works mentioned in the Schedule to this Act shall be deemed to be the drains to which the principal Act refers.

(3) 'l'he drains and works mentioned in the Schedule to this Act, and such drainage and other works ancl other things in connection therewith, as the Commissioner thinks proper to construct or com- plete or do, shall be deemed to be the drains and drainage works which in the principal Act are called "the scheme," and shall bo deemed to be the scheme referred to in the principal Act and authorised thereby, and by the order which has been published in

the Gazette pursuant to section 16 thereof. 4. (1) The

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The South-Eastern Drainage Scheme Amendment Act.-1 91 0.

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Poritions of drains 4. (1) The positions, directions, and lengths shown in the plan

in p l y

may e altered	deposited in the office of the Surrcvor-Gcneral in Adelaide, signed " Gmham Stewart, ~n~ inee r - in -~h i&;" and dated the twenty-second day of November, one thousand ninc hundred and ten, are approxi- mately the contemplated positions, directions, and lengths of the drains and works mentionecl in the Schedule to this Act.
(2) In constructing the said drains and works the positions, directions, and lengths thereof may be altered as the Commissioner may deem necessary or expedient, and such alterations shall not affect the validity of anything clone under the principal Act or any Act incorporated therewith.
Deposited plan

satiefiee requirement 5. The said plan shall be deemed to be the plan by section 8 of

M t~ deposit.

the principal Act required to be deposited in the office of the

Surveyor-General,

Proviaionfor curtail-	6. If i t is found im1)racticable to carrv out the whole of the
in5 One

if expense too great. scl-&ne authorised as iforesaid for the skm of Three Hundred Thousand Pounds, being the limit of the expenditure fixed by the principal Act, the drain~last mentioned in t& Schedule to thig Act may be constructed so as to start at or near Gillap instead of near Callendale; and the Rogineer-in-Chief may certify that the con- struction of the said drain is completed, and in that case it shall be deemed to he completed, notwithstanding the shortening of the aaid drain.

Preah p 1 1 not 7.

(1) It shall not be necessary to take any further poll of land holders in consequence of the alterations made by, or of anything

necessary.

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contained in, this Act.

(2) Anything hereafter done under thc principal Act or any Act incorporated therewith shall be as valid and binding, and have the same force and effect, and the same rights and obliqations and other consequences as shall wise and resnlt therefrom, as ~f the drains and works and drainage and other works and things mentioned in sub-

to the polls taken under the principal Act. section (3) of section 3 of this Act had been the scheme submitted

l'rovisiona of this Act

not to affect validity 8, Neither the passing of this ,%c t nor anything in this i i c t shall

anything in any way affect the validity of any thing heretofore done under

done. the principal Act or any Act incorporated therewith, or affect any- thing hereafter to be done under the said Acts or any of them, except in so far as may be necessary for giving effect t o this Act.

Repeal of sections 9, Sections 9, 10, and I1 of the principal Act are hereby

principal Act. repealed, and the provisions of sections 10, 11, and 12 of this Act

are enacted in lieu thereof.

Engineer-in-Chief's	10. (l) up011 the completion of the construction of any of the drains or works mentioned in the Schedule to this Act, the Engineer- in-Chief shall furnish the Commissioner with a certificate, stating
certi6csta of
ianda benefited,
the date of completion and the cost of the construction of such drain
or work, and what lands wil l be benefited by such drain or work.

(2) The

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T h South- Eastern Drainage Scheme Amendment Ad.--1 910.

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(2) The Commissioner shnll, by notice in the Gazette, publish

such certificate; and such notice shall be conclusive as to the date

of completion and the cost of the constructio~i of such drain or

work, and as to what lands will be benefited by such drain or work, notwithstanding that it differs from any previous estimate of the cost or from anything in or indicated by any plan mentioned in the principal Act or in this Act.

11. (1 ) One-half of the cost of construction of any of the said One-half of thecost

drains or works and the drainage works connected thkrewith shall landholdem.	to be paid by the
be deemed to be an advance from the C'ommissioner to all the land- holders of the lauds which will be benefited by such drain or work and drainage works; and such advance shall be repaid to the Com- missioner by such landholders, with interest thereon at the rate of four per centum per annum, in the proportions to be ascertained, and apportioned in manner provided by " The South-Eastern Drainage

Act .Amendment Act, 1908," or any Act substituted for that Act: NO. 962 of 1908.

Provided that the apportionment shall be of one-half and not of the whole of the cost of construction.

(2) A notice of such apportionment published in the Gazette

pursuant to The South-Eastern Drainage Act Amendment Act,

1908," or any Act substituted for that Act, shall, as regards each

landholder mentioned in such notice, be conclusive as to the amount of the proportion to be paid by him to the Commissioner, the amount of the yearly instalments thereof, and the date upon which. the first instalment will be due, and shall be conclusive as to th++

validity of all matters stated in such notice.

12. (1) After the construction of any of the said drains or works Each drain or work

and the drainage works connected therewith is completed, the same d,in,ge	to bo under care of
shall be under the care, control, and management of the drainage authority, or the respective drainage authoriiies heving the care, c&- trol, and management of other drains and drainageworks in the district or districts within which the said drain or work and drainage works
perfcrm, and enjoy the same rights, powers, functions, obligations,	are situated; and such authority or authorities shall have, exercise,	duties, and immunities in respect thcreof, or in respect of the parts thereof in their respective districts, as in respect of other drains and drainage works situated within its district or their respective districts, including (but without limiting the effect of this section) powers to make assessments for and to levy and recover rates, and the duty to cleanse, repair, and maintain the said drain or work and drainage works, or the parts thereof in their respective districts.

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

this Bill.

DAY H. BOSANQUET, Governor.

1" GEORGII V, No. 1027.

The Soutb-Eastern Drainage Scheme Amendment Act.-1 910.

THE SCHEDULE.

LIST OF PROPOSED DRAINS AND WORKS.

A.-Extension of Baker's Range drain to Dismal Swamp.

B.-Improvement of existing drsin from near Penola to about section 336,

hundred of Killanoola, and extension at each end.

C.-Drain from Rocky Castle Swamp to about section 78, hundred of Coles.

D.-Branch drain from Rocky Castle Swamp drain to near Penola and Robe road.

E.-Drain from Lake Ormerod to about section 2, hundred of Marcollat.

Q. -Deepening existing drain from Garey's Swamp to about section 128, hundred of

Lochaber.

F.-Embankment across the gap near 'I'atiara Point.

G.-Enlarging an opening in the valley north of Bin Bin.

H.-Embankment across the gap near Kercoonda.

J.-Drain

from about section 147, hundred of Minecrow, to about west boundary

of section 11, hundred of Murrabinna.

K.-Drain	from about section 40, hundred of Joyce, to Reedy Creek.
L.-Drain	from Keedy Creek to the sea near Robe.
M.-Drain	from near Callendale, passing through or near Gillap to Lake Geolge.

with an outlet to the sea near Beachport.

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Adelnide: By authority, B, E, E. Boaam, Government Printer, North Trrrwe,