The Sydney Sewerage Amendment Act 1876 No 31a (NSW)

Noo XIII.

An Act further to amend ‘‘The Sydney Sewer­

age Act of 1853” to make provision for

—

imposing a more equitable Sewerage Rate,

\20th September, 1876.]

“fT T H E aE A S by “ The Sydney Sewerage Aet of 1853 ” as amended Preamble.

by tbe Aet thirty-sixth Victoria number twenty-two and by ‘‘ The Sydney Corporation Act 1857” the Municipal Council of Sydney is authorized to establish and levy rates for sewerage within the said city But the said Municipal Council is not empowered to levy such rates upon unoccupied houses and other buildings which ought to receive the benefit of the public sewers nor to levy and enforce the payment of sewerage rates according to a uniform and equitable scale upon the owners of bouses And it is expedient to extend the powers of the said Municipal Council in the premises And also to enable them to carry out any necessary operations for the improvement of the sewerage and drainage of the City of Sydney Be it therefore enacted by the Queen’s Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of New South Wales in Parliament assembled and by authority of the same as follows :—

V V

1. The tenth and seventeenth sections of “ The Sydney Sewerage Sections lo and 17

Act of 1853 ” are hereby repealed. ,0̂ 0™ '

2. The Municipal Council shall impose a rate for sewerage upon Municipal Council

any building in the City of Sydnev whether occupied or not which impose rates

*' • ^ %j V j- ̂ lo r 8Cwcrji2 G on &I1

may be situated within one hundred and twenty feet of any public buildings,

sewer or drain vested in the said Council whether there be or not any

private sewer or drain communicating between the said building and

any such public sewer or drain.

102 ISTo. 13. 40“ VIC. 1876.

Sydney Sewerage Act Amendment.

Sewerage rate not to

exceed one shilling	3. Such rate shall not exceed one shilling in the pound of the annual value of each and every building according to the assessment which shall have been or may hereafter he made for the purpose of imposing the city rate or any other rate and shall be payable in addition to the same.
in the pound.

When Sewerage rate 4. The said rate may be imposed and declared at such period of the

to commence.

year and he made payable by instalments or otherwise at such dates as have been or may hereafter he prescribed by any hy-laiv made in that behalf and such rate may he collected levied and recovered in the same way that the payment of the city rate is authorized to he collected levied or enforced Provided always that for the present year any such sewerage rate may be imposed collected and levied from the date when the city rate has been made payable.

Places of Public

Worship exempted 5. Buildings wholly set apart for Public Worship shall be

from rates.	exempted from the payment of sewerage rates.
All public sewers	6. All public sewers and drains now or hereafter made within the City of Sydney shall be deemed to be and are hereby vested in the Municipal Council thereof and shall be subject to its entire control and management.
are vested in
Council.
Council may make or

alter sewers. 7 . The said Municipal Council may at any time construct or

alter or direct any public sewers or drains in such manner as they shall think necessary for securing the health or comfort of the inhabitants And may also enlarge or otherwise alter or divert or change the level of any connecting private sewer or drain communicating with a public sewer or drain and may otherwise carry out all sewerage opera­ tions necessary according to the powers now or hereafter vested in such Council Provided that no person shall be deprived of the use of any private sewer or drain to which he may be lawfully entitled (except during the progress of the work) by means of any such alteration.

Council may require

commnnieation with	8. The Municipal Council may by notice in writing signed by within one hundred and fifty feet of any public sewer or drain with which a private sewer or drain from any such building is capable of being connected to make such private sewer or drain within such time and according to such plans and directions as the said Council may prescribe in such notice and any by-law which they are authorized to make in that behalf.
public sewer to bo	the Town Clerk require the owner or occupier of any building situated
made.
Council may do the
work and recover	9. If such connecting private sewer or drain be not made witbin the time and according to the plans and directions so pre­ scribed the Municipal Council may cause the same to be commenced de novo or completed as the case may be at the expense of the owner or occupier of such building and may sue for and recover the reason­ able expenses of the same in any Court of competent jurisdiction Provided always that in any case where the occupier shall not be also the owner of such building he may on payment to the Municipal Coiuicil of the said expenses deduct the amount thereof out of any rent then due or accruing or at his option (after demand thereof from his landlord) may sue him for the same in like manner.
cost.
Q-ovemor may extend
this Act to any other	10. The Governor with the advice of the Executive Council may by Proclamation published in the Gazette at the request of its Municipal Coxmcil declare this Act to be applicable to and in force within any other Municipality to be named in the Proclamation and in such case the words “ City” and “ City of Sydney” or other terms limiting the operation of any section of the Act to the City of Sydney shall be deemed to include any Municipality named in such Proclamation.
Municipality.

Short title. 11. This Act may be cited as “ The Sydney Sewerage Amend­

ment Act 1876.”

iVo. XIV.