The Sydney Water Act of 1853 No 35a (NSW)
No. XXXV.
An Act for supplying* the City of Sydney and sydneyjvater
| IDortions of tlie Suburbs thereof witli Water. | —^ |
| [31s ̂ October, 1853.] |
\ 17 IlEUEAS the City of Sydney and the Suburbs thereof and the PreamWe.
| V V | Shipping in the Port of Sydney are at present inadequately | ' |
suppli(!d Avith pure and Avholesonie water and it is considei’ed that a plentiful supply thereof may he procured from the watercourse and watcrsh(‘ds between the head of the swamp and land in tlie Parish of Alexandria knoAvn as the Sydney Watcu’ lieserve whence the present inadequate supply is principally drawn and the termination of such watercourse at Botany Bay And whereas tin' greatei- part of tlie lands containing the said waterciourse and watersheds have hi'en alienated by the Crown and are now" in the hands of private individuals and it is for the public advantage that so much of the said lands as may he required for the purposes of this Act should he resumed by the Crown and that the waters of the said watercourse should be protected IVom diversion and pollution AndAvhereas it is resolved that the neces sary works for obtaining such supply from the said AÂ atercourse and Avatersheds shall be undertaken by Commissioners to Avhich end pro vision is required to be made by Legislative enactment for the appoint ment of proper ofliccrs Avith sulhcient powers and for raising and regulating the expenditure of the requisite funds and for other the purposes hereinafter mentioned Be it therefore enacted by Ilis Excel lency the Governor of N cav South Wales Avith the advice and consent of the Legislative Council thereof as follows :—
| Savings’ Bank of New South Wales or if need be from any other body SenerarRevenû or any person or persons upon the security of the General Bevenues o f‘'“o Colony, the Colony at a rate of interest not exceeding four per centum per annum any such sum and sums of money not exceeding in the AAdiole the sum of two hundred thousand pounds as shall from time to time be required for carrying this Act into execution and all such sums shall be paid over to the Commissioners of the City of Sydney as the same may be required and shall be by them placed to the credit of a sf'jiarale fund for defraying the cost of supplying the said City and | 1. It shall he lawLul for the Governor to horroAV" from the Power to borrow upon the Avater rates of the said City. |
2. The entire expenditure of moneys upon thi; said Avorks and Expenditure to be
othenviso m carrying out the purposes ol this Act (ext^ept in respect uq;isiativo Council,
of sums aAvarded as compenstition lor lands resumed taken prejudiced
or used or as damages for any loss or injury sustained by any person
in or by the execution of this Act and the taxed costs of the action
or
| 2774 | No. 35. | 17‘̂ VIC. | 1853. |
Sydney Water Supply.
or issue in or under which such compensation shall have been awarded) shall he subject to the control of the Legislative Council and shall be regulated by Votes and Acts of the said Council in the same manner
Receipts of Commis- 3s the Ordinary public expenditure of the Colony and accounts ol’ all
rcvcnucs Avhatsocvcr received by the said Commissioners
| the Coimcii. | in relation to the works to he executed under this Act and of the expenditure thereof shall be annually laid before and shall he subject to examination by the said Legislative Council in the same manner as if the same were a part of the General llevenue of the said Colony, |
| (iovernor to appoint | 3. The Commissioners for the City of Sydney to be appointed virtue of an Act passed in this present Session intituled “ An A ct |
| p.)sesoflhiaAct. | “ to dissolve the Corporation o f the City o f Sydney and fo r the “ appointment o f Commissioners in lieu thereof fo r a limited period” shall be Commissioners for the purpose of providing a plentiful supply of pure and wholesome water for the said City and the Suburbs thereof and for the shipping in the said port and for carrying into effect the whole of the purposes of this Act. |
| Governor with | 4. It shall be laAvful for the Governor by and with the advice |
| ĉ omicu auUn!̂ r?z(̂ ^̂ | Exccutive Couiicil if the said Governor and Executive shall Her Majesty the Queen to resume and take into Her Majesty’s hands either the whole or such parts of the said watercourse or stream with its said tributaries and afiltients and also such parts of the alienated lands adjacent thereto as he and they shall think it expedient to resume for the purpose of carrying this Act and the objects thereof fully into effect and upon any such resumption being notified by order of the said Governor in the New South Wales Government Gazette the said watercourse and stream with its tributaries and aflluents or such part or parts thereof as shall be notified as having been so resumed and also all such parts of the said adjacent lands as shall be notified as having been resumed shall immediately and without any deed or instrument of conveyance or surrender thereof become and be vested in Her Majesty Her Heirs and Successors for the uses of the Government of this Colony. |
| to resume water- | think fit SO to do at any time and from time to time in the name of |
| landr |
Commissionera 5. The Said Commissioners are hereby authorized and cm-
a™d trkrwat°erfor* powcrcd foi’ tlic Supply of Water to the said City Suburbs and Shipping purposes of tiiis Act. to divcrt take and use not only the waters arising from or flowing
through the lands in the possession of the Crown now known as the Sydney Water Eeserve but also the waters arising from oi’ flowing into or from the stream or watercourse extending from the said reserve to the shore of Botany Bay and all the tributaries and affluents of the said stream or watercourse and all swamps morasses or other sources of water in the neighbourhood of the said stream or water course and its tributaries and affluents or so much thereof as may
| And to do all neces- | fi’om time to time be necessary for the said purpose and for such purpose |
| sary things for | trciich siuk Or borc into any ground and also to take and use the lands required lor forming proper reservoirs catch-drams con duits and other works and machinery necessary for collecting and receiving the said waters and for all purposes of necessity or con venience incident to such works and to the effectual carrying out the objects of this Act Provided that the said Commissioners their officers workmen and assistants shall do as little damage as may be in the execution of the several powers hereby granted. |
| Power to construct | G. The said Commissioners shall have full power and they are |
| ■works &c for con |
| ducting water to | hereby authorized to make and construct such cuts channels feeders |
| Sydney &c. | catch-drains reservoirs aqueducts tunnels pipes pipe-tracts conduits filters trenches mounds engines and other works and machinery as they may think necessary proper or convenient for conducting an adequate supply of water to the said City and Suburbs togetlier with |
such
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Sydney JFater Supply.
siich reservoirs and other works as the said Commissioners shall think
necessary for securing regularity in the said supply of water and to
| clean uphold and repair the said works and machinery in all time | . |
| ensuing and for any and every such purpose to enter upon take and use any lands required to be entered taken or used for such purposes Provided always that tlie said Commissioners their officers workmen and assistants shall do as little damage as may he in the execution of the several powers hereby granted as aforesaid. |
7. The said Commissioners and tlunr servants and workmen powov to enter imuis
arc hereby authorized and empowered to enter into and upon the lands of every person or corporation whatsoever required for the purposes of this Aet and to survey and take levels of the same and to set out and ascertain such parts thereof as they shall think nciccssary and proper for making the said reservoirs eonduits and other works and machinery hereby authorized to be made and necessary for making preserving and improving the same and also to bore dig cut trench sough get remove take and carry away and lay earth clay stone rubbish beds of gravel or sand for making the said reservoirs works and machinery which may be got on carrying on the said works or out of the lands of any pen’son adjoining any part of the said works which the said Commissioners are hereby empowered to enter for the purpose; of getting such materials and to make such roads as may be requisite for removing the same and also to place lay and work tlie same on the said lands Provided always that the said Commissioners shall not be entitled to take clay stone or other such materials for the purposes of this Ac;t from any orchard garden yard planted walk avenue lawn pleasure ground or plantation of trees and they the said Commissioners doing as little damage as may be in the execution of the several powers hereby granted.
8. The said Commissioners arc hereby autiiorized and empowered Power to contraot tor
by themselves or in the name of their Clerk or Treasurer duly autbo- rized to that effect at some meeting of the said Commissioners to con tract and enter into contracts and other agreements with any person engaging to execute perform and construct the .works erections machinery and other operations hereby authorized to be made erected and constructed or any part thereof and which contracts and agree ments shall be binding upon the Commissioners and tlicdr successors in office until tlie same shall bo fully and fairly implemented and generally the said Commissioners shall have and possess every power General powers to
and authority necessary to carry into complete effect all and every cHeet tiie purposes
purpose of this Act according to the true intent and meaning thereof.
9. The said Commissioners arc hereby authorized and empowered Power to o])en sti eets
for the purpose of laying pipes and conductors of water to all and every part or place they sliall judge expedient within the said City and Suburbs and for maintaining cleansing repairing and altering the said pipes and conductors or the track line or direction thereof or any part of the same from time to time to open or cause to be opened up all streets lanes courts closes and turnpike and other roads passages and accesses of every description and also upon application by any party requiring the same to authorize such operations as they the said Power lo autiimize
| Commissioners shall think necessary for the conducting of the said m'/iy | "uy f,)r |
water into dwelling-houses or other houses and premises of whatever C‘UTymg watfii to
description by pipes which are to be formed laid and regulated as fo
ball-cocks stop-cocks cisterns waste pipes and other requisites under
the direction and to the satisfaction of the said Commissioners or such
persons as they shall appoint Provided always that in all such cases
the said Commissioners and all other persons shall be respectively
bound and obliged to replace the streets lanes closes roads passages
and accesses interfered with by them and pavements of the same in
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Sydney Water Supply.
the same situations and like good order and condition in every respect
as when they commenced their several operations thereon.
Power to erect pub
| lic fountains and | 10. The said Commissioners are hereby authorized and em powered to make or cause to he made at such times and places as shall appear proper to them such number of public fountains and wells within the said City and Suburbs as they shall deem expedient to which the whole inhabitants except when otherwise herein provided shall have free and unlimited access with all convenient appurtenances of cocks stop-cocks waste pipes and other necessary appendages thereto and to use and take all means for the establishment support and con tinuance of such fountains and wells the said Commissioners making compensation to the owners and occupiers of any private property taken or used for the said purposes to be valued and paid for in |
| wells. |
Fire i>higs .and iire- manner hereinafter mentioned and the said Commissioners are hereby cocks to i)e provided, authorized empowered and required upon laying down any main pipe
in any street passage or place for supplying the same with water to fix or place or cause to he fixed and placed at the time of laying down such main pipe sufficient fire-plugs and fire-cocks on or near one side of such street passage or place for the supply of water for the extinguishing of fires and Avhen and so soon as such fire-plugs and fire-cocks shall be finished the said Commissioners shall immediately deposit keys of such fire-plugs and fire-cocks at each place within the said tlity and Suburbs where any engine shall he kept for the extin guishing of fires or at such other places as may bo fixed by the said
| No rate or charge to Commissioners and it shall not be lawful for the said Commissioners | Ije m.ade for water | |||||
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Sydney Water Supply.
13. In case any person sliall wilfully or maliciously obstruct Penalty on persons
binder or molest any officer servant or other person employed in the "xeeutiwl’S this Act. exceeding five pounds for the first and ten pounds for the second and every subsequent otfence.
execution of any of the powers committed hy this Act to the stiid
I t. Any person who shall injure any public fountain pump runaiiy t<n iiiinrin,!;
cock or water pipe cistern or public watercourse or any part thereof respecti vely shall pay the costs of repairing the same and .if the injury 1)0 wilfully done shall forfeit any sum not exceeding fifty pounds and any ])orson who shall in any manner clandestinely or unlawfully Or ciiindrstindy oi-
approjntate to his own use any water from any fountain pipe or cistern under the charge of the said Commissioners shall forfeit any sum not exceeding twenty-five pounds and any person who shall open or leave q,. nUuwing water
open any oock or any public fountain or pump so that the water shall t'>
or may run to waste shall forfeit any sum not exceeding five pounds
and any person who shall wash any clothes or other materials at any 0i wasiuns ciuiiics
public ibuntain or pump shall forfeit and pay any sum not exceeding
one pound and any person who shall load or cause to l)e led or taken
any hors<\s cattle shcej) or other animal to any public fountain or or watering hmses
pump now erected or hereafter to be ereeted by the said Commis
sioners for the purpose of watt'ring or cleansing the said horses cattle
sheep or othi'r animals at such public fountains or pumps shall
for every such otfence forfeit and pay any sum not exceeding five
pounds.
15. All persons whose lands shall have been so as aforesaid Oomiimsation for
resumed and taken into Her said Majesty’s hands or Avhosc lands may
| have been taken used or prejudiced by the said Commissioners under | ^ |
| any of tlie provisions herein contained or who shall have sustained any loss or damage whatever in or by the execution of this Act shall be entitled to reasonable compensation for the loss or injury sustained by tlu'in and such compensation shall bo ascertained assessed or awarded as hercinal'tcr mentioni'd Provided tliat in fixing the ainounl of such compensation reference shall be had to any reservation con tained in the grants by which the lands of the parties claiming such compensation were alienated by the Crown. |
| 10. In all eases in which compensation is claimed it shall be Mo | .Iu | of fixing |
competent to the said Commissioners to agree with the (daimant for the payment of such sum of money as the said Commissioners m:iy think reasonable and ])ropcr and upon any such agreement being made the sum so agreed upon shall be paid accordingly and in all cases it sliall be lawful for the Commissioners to tender to the claimant such sum ol' money as such compensation as aforesaid as the Commissiomn s shall think fit and in case the Commissioners and claimant shall not agree as aforesaid the amount io be paid shall lie determined in the Supreme Court by an action for damages to be brought by the claimant against the Commissioners or upon an issue agreed to by the claimant and Commissioners respectively Provided that in all cases in which CommissioMcrs may
an action shall be brought in the Supremo Court in respect of may\iay*m'oney'iiito action on paying into Court in the usual way according to the practice of the Court the amount of money tendered or to pay into Court such sum of money as the Commissioner shall think fit and to plead such payment in bar of the further maintenance ol' such action and whicli- ever party shall succeed in such action or upon such issue as aforesaid shall be entitled to costs to be awarded and recovered according to the practice of the Court.
any claim for such compensation as aforesaid it shall be lawful for the fJouit.
| 2778 | No. 36. | i r VIC. | 1853. |
| JFater Folice. |
| Title of Act. | 17. This Act may be quoted as “ The Sydney Water Act of 1853 ” and sliall be construed as if the same had been incorporated with the Act passed in the present Session of Council “ To dissolve the “ Corporation o f the City o f Sydney and fo r the appointment o f Corn- “ missioners in lieu thereof fo r a limited period,” |
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