The Water Conservation Act 1886 (SA)

ANNO QUADRAGESIMO NON0 ET QUINQUAGESIMO

A.D. 1886.

No. 392.

'The Water Consercution Act, 1886.

ANALYSIS.

16. Extraordinarv vacancies. how caused and

filled.

1. Short title. 17. Term of office of persons appointed to fill

2. Division of Act into parts. extraordinary-vacancies,

18. Retirement of members by rotation.

PART I.

PART IV.

QUALIFICA'rION, T)IRQUALTPXCATION, AND BN-

3. Interpretation. ROLMENT OF RATEPAYERS, AND REVXBION OF ROLLB.

PART 11.

19. Qualification to be enrolled as ratepayer.

20. JJisqualification for ratepayer.

PROCLAMATION O F WATER DISTRICTS. 21. List of ratepayers to be prepared.

38, Occupier's

4. Governor may proclaim water districts on 22. Claims for insertion of and objections to

a petition of ratepayers. names on list.

5. Particulars to be inserted in petition for 23. Prescribed form of claims and objections,

new water distriot. and when to be made.

6. Particulars to be inserted in petition to alter boundaries of existing water 24. Alphabetical lists of claims and objections

to be exhibited.

districts. 25. Board to be Court of Revision.

7. Evidence in support of petition. 26. Public notice of sitting of Court of Re-

8. Cause may be shown against petition.- vision to be given.

When Proclamation may issue. 27, Proceedings at Revision Court.

9. Governor may exercise similar powers 28. Revised list to be ratepayers' roll.

without petition. 29. Names in last roll to be ratepayers until

10. Water districts under " The Waterworks new roll prepared.

Act, 1882," not to be included in water districts under this Act.

PART V.

ELECTTONB OF MEMBERS OF BOARD.

PART 111. SO. Election of members of Board.

APPOINTMENT AND CONBTITrTION O F WATER 31. Before whom held.

CONSERVANCY BOARDS. 32. Notice of day of nomination to be given.

11. Boards to be appointed for water districts.	33. Nominations, how made.
12. Appointment of first Boards.	34. Proceedings at nominations.
13. Constitution of subsequent Boards.	35. Elections to be by ballot.
14. Qualification for member of Board.	36. Scale of voting.
16. Disqualification for membership of Board.	37. Rates to be paid prior to voting.

49" & 50' VICTOKIAZ, No. 392.

The Water Conservation A c t. 1 8 8 6.

38. Occupier's right to vote protected, if he 86. Books to he kept and to ba open for inspec.

has paid rent to owner. tion.

39. Returning Officer to inform candidates of 86. Yearly returns to be made to the Corn.

their election. missioner.

40. Declaration to be made by members.	87. Provisions of Audit Act to apply.
41. Penalty for acting as member when dis-	88. Boards not to sell works constructed out

qualified. of loan moneys.

42. Board may act notwithstanding vacancies.

PART YII.

PART VI.

BOARDLI--THXIR PUNCTIONB, DUTIES, AND

t'OWl3RB. 89. Assessments, and principles on which same

43. Incorporation of Board. are to be made.

44. Execution of instruments by Board. 90. Return of assessment to be submitted

46. Evidence of execution of documents by Board for allowancc. - Assessment

Board. book.

46. Election of Chairman. 91. Copies of assessment to be deposited in

47. Board may appoint officers. convenient places for inspection.

48. Meetings of Board. 92. Board may use any previous assessmenl.

49. Chairman may call meeting a t any time. 83. Assessment to be i n force till superseded.

60. Meetings may be called on requieition of 94. Board may correct assestrment book.-

any three members. Proviso.

51. Notice of meetings to bo given. 9 5. Occupier and owner may have names

62. Quorum a t meeting. entered in assessment book.-Proviso:

63. Meetings to be open to the public. No person entitled to vote by virtue

54. Questions a t Zoard meetings to be decided of such entry unless same made one

by open voting month before meeting.

55. Meetings may be adjourned. 96. Corrections to be signed by Chairman and

66. Committees may be appointed. dated.

57. Committees, quorum, and conduct of busi- 97. Notice of assessment and alterations

ness. thereof to be niven.--Proviso.

68. Proceedings of Boarda and Committees 98. Appeals against abessments.

validated, 99. Appeals, how and where heard.

69. Minutes of proceedings.-Secretary to 100. Time for appealing. - 'rime of hearing

produce cash and pass books, and for- appeals.

ward minutes to Commissioner. 101. Secretary to produce asswsrnent book.

60. Resoiutions of Board how revoked. lU2. Appeals f ro~u dccision of Boards.

61. General duties of Board.	103. Costs of appeal.
62. General powers of Board.	104. Magistrate or Justice not disqualified fron:

63. Board may, with consent of Commissioner, hearing appeal because ratepayers.

exercise powers outside districts. 105. Copy assessment to be sent to Com-

G i. Board may make by-laws. missioner.

65. By-laws to be gazetted. 106. Boards may declare rates without consent

66. Certified copy of by -law to be evidence. of ratepayers.

67. Commissioner may revoke by-laws. 107. Special rates may be declared with consent

68. Commissioner may make advances to of ~ntcpayers.

Board. 108. Board to give notice of intention to de-

89. Board to give particulars to Commissioner clare special I ate.

of purposes for which advance is re- 109. Proceedings at meetings for authorising

quired. special rates.

70. Board may enter into contracts.	110. Poll may be denlanded and taken.
71. Board not to have power to borrow or	1 11. Board to appoint presiding officer,

anticipate funds. 11 2. Scale of voting.

72. Plans and specifications of works estimated 113. Votes of joint tenants and tenants in

to coat over S200 to be submitted for common.

approval. 114. Manner of voting at rate meetings.

73. Governor may disallow waterworks pro- 115. Questions which may be asked voters.

posed by Board. 116. Yroceedings aftur poll.

74. Governor may grant loans for approved 117. Board may declare epecial rates in accord-

works. ance with ~ t s u l t of poll.

76. Sanction of Parliament to be obhincd l l 8. Board may levy rates.

to construction of works exceeding	119. When rates payable and recoverable.
£10,000.	120. Persons lirrble to pay rates.

76. Maximum amount Commissioner may 121. Liability of original owner unless notice

advance. of sale given.

77. Loans to bear interest.	122. Bates, how recoverable.
78. Uommiesioner to appoint inspecting en-	123. Rates unpaid twenty-one days after de-

gineers. mand may be distrained for.

79. Commissioner may require Board to re- 124. Protection to tenants paying rates for

move officer8. which owners are liable.

80. I n case of Board refusing to comply 126. Apportionment of rates between landlord

Commissioner may carry out work. and tenant.

81. Boards of two or more adjoining districts 126. When rates i n arrear for two y e a s B o d a

may jointly carry out any works to may give notice in Gazette.

benefit their districts. 127. Board may Ict land for payment of rates.

82. Moneys to be paid into Bank. 128. Agreement for letting to be valid agmst

83. Board may apply moneys for payment of owner.

claims. 129. Land may be sold for payment of rates.

84: Power to lease and sell surplus land md 130. Pro~ert iss i n different assessments may

property. be iucluded in one petition.

PART

49" & 50" VICTORIW, No. 392. . - -- - - - - - --p

,--

The Water C'o~rservation Act.-1886.

PART TTIII. 168. Governor may applove or disapprove of.

works.

SPECIAL WATERWOXKS. 169. Authority to construct works.

131. Ratepayers may pctition for special water- 170. Powcrs as to loans and rates not to be

works. conferred.

132. Contents of petition. 171. Governor may modify, &C., powers con-

133. Petition to be verified. ferred.

134. Boards may cause plans, &C., to be for- 172. Authorised persons may form a company.

warded to Commissioner. 173. Company to have powers, &C., of autho-

135. Kotice of proposal to be gazetted, and rised persons.

plans laid before Parliament. 174. If company wound up, Governor ma

136. Commissioner may approve plans.	appoint other persons in place of	suc	K
137. Loans may be advunccd if works approved.	company.

-Loans to bear interest.

138. Special rates for such works to be payable by all ratcpaycrs within part of dis- PART XI.

trict affected. GENERAL PROVISIOXS.

175. Lands Clauses Consolidation Act to apply. l'iti. Limitation of liability to make compen-

PART IX. sation.

CORPORATION, RIQHTS, AND POWEKS O F THE 177. Compensation determined by Local Court.

COYM16tj lUN ER. 178. Procedure of Local Court. -Settlement of

costs.

139. Comu~isaioner of Crown Lands to be Com-

missioner of Water (lonservation.	17'9. Award.
180. 7-*:vi~les in awarding compcnsatim.

140. Commissioner to bo a body corporate. 181. One s u n .day be avarded for all interests

141. Governor may order that all lakes, rivers, affected.

and waterconrses in water districts	182. Not liable for accidental failure of supply.
shall be under sole control of Com-	183. Exemption of waterworks from rates and

mission er. taxes.

142. Governor may vest Crown lands in Com- 184. Free passage to be given to supply water.

miseioner upon trust. 185. Ratepayers to be allowed a rebate on value

143. Governor may place public water reserves, of water supplied equal to amount of

reservoirs, &C., under control of Com- rates paid.

missioner. 186. Officers exacting fee, &C., liable to penalty.

144. Commissioner may sell waterworks vested 187. Ofiicers retaining funds or vouchers, &G.,

in h irrr. may be procecded against summarily.

145. Com~nissioner may grant leases.

146. h'otice of application to be given.	168. Justices may commit officers to gaol.
189. Persons intrusted with money fra~~dulent ly

147. Covenant8 aud conditions 01 leases. dieposing of same guilty of felony.

148. Power8 of lessees.	190. Penalty on interested member voting.
149. Corporations, &C., may apply revenue to	19 1. Inspection of books of District Counc~l,&c.

payment of rent. 192. Penahy for obstructing the setting out of

150. Commissioner may transfer to Roard the works.

rights of the Crown under lease for	193. Penalty for destroying wnterworlr~.
water supply.	194. Penalty for unlawfully taking or diverting

151. Commi~sioner to exercise powers of de- water from any river, creek, &c.

faulting Boards. 195. Penalty for unlawfully taking water from

162. Commi~sioner to have all powers, &C., of any waterworks.

Boards in places not under control of	196. Penalty for polluting water.
Boards.	197. Penalty for allowing water or other liquid

153. Power to erect standpipes and sell water. from sewer, drain, ]&C., to run into

164. Power to make agreement to supply water waterworks.

by measure. 198. Penalties for pollution, &C., to apply to

155. Agreement to bind land.	all watcrworka, whether within water
166. Commissioner may delegate his powers.	district or not.

199. Declaratione --Penalty.

200. Forgery.-Penalty.

PART X.	201. Regulatioaa.
202. Saving clause.

CONSTRUCTION OF WATERWORKS BY PRIVATE 203. Gazette conclusive evidence of constitution

PERSONS. or alteration of boundaries of water

157. Application may be made to Governor for districts, or the appointment of a

power to enter lands Board for any water district.

168. Governor may permit entry.

159. Plans and description of works to be pre-

pared. PART X I I.

163. Plans, &C., to be submitted to Commissioner.

161. Commissioners and Hoards may require LEGAL PROCEDURE.

further information. 204. No w ~ i t of quo warranto allowed to t ry

162. Notice t u be givcn of proposed works. title to any office.

163. Copies of newspapers, Cc., to be forwarded 205, No dlandamur to issue out of Supreme

to the Commissioner. Court to compel Boards to admit,

164. Petitions may bo presented against pro- restore, or elect member.

posed works. 206, h'o assessment or rate to be removed by

165. Verification of signatures to petition, certiorari to Supreme Court,

166. Copies of plan, &C., to be deposited for 207. Proceedings fox trying title of member to

inspection. hie ofbce to be decided by two or more

167. Applicntion, &C., to be submitted to Justices i n a summary way.

Governor. 208, Jurisdiction of Justicee.

209. Claims

49' & 50' VICTORIE, No. 392.

The Water Conservation A c t. 1 8 8 6.

-

209. Claime by Board8 to moneys not accounted 219. All actions oommenced against memher8,

for by officerrr may be decided by	&C., must be commenced within three
Justices.	months after act committed, an&

210. On non-compliance with order Justices notice to be given.

may inflict punishment.

211. Time within which proceedings to try

title, &C., may be taken.

212. Fines against provisions of Act may be SCHEDULES.

recovered before two Justices. d. Claim to have name inserted in list of rate.

213. Proceedings before Justices to be regu- payers.- Objection to name continuing

lated by Ordinance No. 6 of 1850. in list of ratepayers.

214. Appeal to Local Court from order made B. Form of nomination.

by Justices. C. Form of assessment book.

216. Local Court may, on appeal, state a case D, Notice of assessment.

for opinion of Supreme Court. E. Notice of appeal from assessment.

216. Commissioner and members of Board not F. Notice of appeal from the decision of th~!

to be personally liable. Board.

217. Informations, how laid for stealing, &c. G. Notice (for purpose of sale) of rates in

218. Summonses, &C., how served on Board. arrear.

An Act to provide for the Conservation of Water.

[Assented to, November 17th, 1886.1

Preamble. HEREAS i t is desirable to make more effectual provision for

Governor of the Province of South Australia, with the advice and	W the conservation of water-Be it therefore Enacted by the
consent of the Legislative Council and House of Assembly: in this
present Y arliament assembled, as follows:

PRELIMINARY,

Short title. 1. This Act may be cited for all purposes as The Water Con-

servation Act, 1886."

Divisionof Actinto 2. This Act shall be divided into twelve parts, rclating to the following subject-matters :-

parts.

PART ~.-Interpretation, section 3.

PART 11.-Proclamation	of Water Districts, sections 4 to 10.
PART 11 I.-Appointment	and Constitution of Water Conservancy

noards, sections l1 to 18.

PART IV.-Qualification, Disqualification, and Nnrolmen t of

Ratepayers and Revision of Rolls, sections 19 to 29.

PART v.-Election	of Members of Board, sections 30 to 42.
PART VI.-Boards,	their Functions, Duties, and Powers, sections

43 to 88.

PART v11.-Assessments, Appeals against Assessments, Rates,

and Rccovery of Rates, sections 89 to 130.

PART P i r I.-Special Waterworks, sections 131 to 138.

PART ]X.-Incorporation, Rights and Powers of the Commis-

sioner, sections 139 to 156. PART

490 & 50' VICTORIE, No. 392.

The FYater Conservation Act.-1886.

PART X, -Construction of Wa,terworks by Private Pexsons,

sections 157 to 174.

PART x1.Genera1 Provisions, sections 1 75 to 203,

PART XII.-Legal Procedure, sections

SCHEDULE	A.-Claim	to vote.
B.-Nomin	a t' ion.

C.-Assessment.

D.-Notice	of Asscssrncnt.
E.-Notice	of Appeal from Assessment.
F.-Notice	of Appeal from Decision of the Board.

G.-Notice (for Purposc of Salc) of Rates in Arreax.

PART I.

INTERPRETATION.

3. h the construction and for the purposes of this Act,,except Interpretation clause.

where the snbjcct-matter or context, or other provisions hcreof, require a diff'erent construction, the following terms in inverted commas shall have the respective meanings hereinafter assigned to them, that is to say-

Board " shall mean any NTater Conservancy Board constitlxted Board.

under this Act for any water district, and in water districts for which no Board shall be constituted shall mean the Corn- missioncr:

" Commissioner " shall mean the Commissioner of Water Conser- Commiaaioner.

vation under this Act:

" District " and '' water district " shall respectively mean any District.

water district proclaimed as such under this -4ct:

a .District Council" shall mean any District Council exercising or District Council.

having local functions undcr " The District Councils Act,

lfYi'ti," or any other Act for the time being relating to District

Councils:

DrAinage District" shall mean any district constituted under "The South-Eastern Drainage Act, 1878," or any Act amending the same: Drabage Di8triet.

Extraordinary vacancy " shall mean any vacancy arising from Extraordina'~ vacancy.

death, resignation, or other means, except effluxion of time, by which any ofiice may become vacant, or be vacated, under this Act:

Land " shall include buildings, messuages, tenements, and here- Land.

ditaments:

Municipal

49' &L 50" VICTORIE, No. 392. * -

The Water Conservation Act -1 886,

-

Municipal Corporation " shall mean any Corporation exercising or having local functions under " The Municipal Corporations Act, 1880," or any other Act for the time being relating to

Municipal

Corporation.

Municipal Corporations:

" Owner " shall include the person for the time being receiving, or entitled to receive, the rents of any lands within any water district, whether on his own account, or as agent, trustee, or attorney for any other person:

Public notice.	G Public notice" shall mean notice by advertisement in the Government Gazette, and by such, if any, other means as each Board may for their own district direct:
Ratable property.	"Ratable property" shall mean and include all lands within a water district, or a proposed water district (including lands belonging to thc Crown), with the following exceptions :-

Lands belonging to the Crown, and not lawfully con- tracted to be granted to any person in fee-simple or leased:

Lands used exclusively by the Government for any public

purpose:

Lands which cannot on account of elevation, situation, or other circumstance receive any benefit f rorn water- works established in the district in which they are situated, or the value of which is not increased by reason of such waterworks:

Any public hospital, lunatic asylum, benevolent institu- tion, or buildings used exclusively for charitable purposes:

Any church, chapel, or buildings used exclusively for

divine worship:

Ratepayer.	Ratepayer " shall mean and include the occupier of any ratable property, and the owner, other thm the Crown, of unoccupied	ratable property, and shall, before the Procla'mation of a
proposed water district, mean and include all persons who would be ratepayers within such district if the locality described in the petition for the constitution of the water district were proclaimed a water district:

" Town lands " shall mean and include any lands laid out as a town or township by the Government, and any other lands

Tom lands.

laid out or subdivided into allotments, of which layingout or

subdivision plans are, or shall be, deposited in the General Registry Ofice or Lands Titles Registration Office of the province:

" Waterworks" shall include buildings, reservoirs, dams, tanks, cisterns, weirs, watercourses, aqueducts, wells, channels, pipes, drains, cuts, culverts, tunnels, sluices, trenches, embankments, standpipes, filters, bridges, engines, machines,

implements,

490 & 500 VICTORIE, No. 392.

The Water Conservation Act.--1 886.

implements, and all other contrivances, appliances, and	PART
works, whether existing on or being affixed to the soil, and whether wholly or artificial,-used by any Board for or in connection with the reception, protection, purifica- tion, storing, accumulation, transmission, or distribution of water, and for or in connection with works for irrigation purposes:

L b Writing " shall include printing, and vice versd, and any notice WFitinp.

or document whatsoever by this Act: required to be in writing

may be wholly written or wholly printed, or partly written

and partly printed:

River "--Any stream of water, whether perennial or inter- River-

mittent, flowing i n a natural bed or course, either above or

bcncath the surface of the ground:

Lake "-9ny lagoon, swamp, lake, or other collection of still Lake.

water, whet,her this supply of' still water be permanent or temporary, and whether it is found above 3r beneath the surface of the ground:

Stock "-Cattle, horses, sheep, and all other domestic animals:

K Watercourse "-Any stream of watcr of smaller dimensions and Water~O~r~e*

discharge than would cntitlc it to the name of b b river," as this term is generdly understood, whether such stream of watcr be permanent or intermittent, and whether its flow be above or beneath the ground, or partly above and partly beneath.

PART IT. PART XI.

PROCI,AMArI'ION O F WATER DISTRICTS.

4, The Governor may, subject to the povisions of this Act, Governor may pro-

from time to time and at any time, on a petition of ratepayers, do on a petition of rate- claim water dintricta

any one or more of the following acts by Proclamation in the payers.	-
Gouemrnen t Gazette :-

He may constitute any portion of the -province situate within proclaimed hundrcds ;L water district fbr the purposes of this Act, and rnay appoint the first Board for every new water district:

He may define the boundaries of, and give a name or number to,

every dis t ~ i c t :

He may constitute any portion of any district, or of two or more districts, a new watcr district:

IIe rnay alter the boundaries of any district, either by separating part thereof from, and declaring that it shall no longer form part of, a water district, or by adding to a district other land, whether theretofore included or not within the limits of a water district:

He may abolish any Board, or remove any member of a Board.

5. Every

49" & 50" VICTORIE, No. 392. -

The Water Conservation A c t. 1 8 8 6.

5. Every petition for constituting a water district shall set forth

Particulars to be	the following particulars, and shall be signed by not less than three.
inserted io petition	fifths of the ratepayers within thc proposed district, such ratepayers
for new water dis-

, tricts.	owning or occupying not less t h a ~	half of the area of the land in
such district :-

I. The proposed name of the proposed district:

11. The boundaries of the proposed district; and of cvcry district,

or part of a district (if any), sought to be included in the

proposed water district:

r r r. The total area of ratable property owned or occupied within the proposed water district by every ratepayer signing the petition; and

~ v. The names of three persons (qualified as hereinafter provided to become members of a Board) nomina'ted by the petitioners for a'ppointment by the Governor to the first Board for the proposed district.

Particulars to be

inserted in petition 6. Every petition for altering the boundaries of a water district

to &er boundaries	shall set forth the following particulars, and shall be signed by not
of existing weter
dietricts.	less than three-fifths of the ratepayers within that portion of thc district proposed to be separated, or within the Rvea proposed to be added to an existing water district, such ratepayers owning or
occupying not less than one-half of the land in such district :-

I. The boundaries of the land proposed to be separated from or added to the district:

rr. The total area of ratable property owned or occupied within

such boundaries by evcry ratepayer signing thc petition.

Evidence in nupport

of petition.

7. Every petition shall contain a prayer specifically stating the

object thereof, and shall be accompanied by a declaration by some

person signing the petition verifying the signatures thereto, and stating that the persons signing the same are bond $de ratepayers

entitled to sign the same within the meaning of this Act; and every petition shall be published for three consecutive weeks in the

Government Gazette.

Cause may be shown

against petition. 8. Any person or persons may, by counter-petition presented to

the Governor within twenty-eight days from the first publication of the original petition, show cause against the prayer of any such petition, or any part thereof, being granted; which counter-ptition shall also be published for three consecutive weeks in the Goaern-

mmt Gazette; and the original petitioners, or any of them, s h d have

the right to reply thereto by petition in reply within twenty-eight days from the first publication of such counter-petition, which petition in reply shall be forthwith published once in the Goverfi- ment Gazette ; but no further petition or reply thereto shall be con-

sidered

49' & 50' VICTORIW, No. 392. - - - -

2 he Water Co?lserualion Act-1886.

sidered or published; and the Governor may proclaim the water	P ~ m
district and define its boundaries either as proposed or modified as he may think fit, and mav appoint thc first Boivd for such district, and thereupon the provisions of this Act shall apply to the district

so proclaimed. Every such Proclamation may, if a counter-petition ~ ~ k ~ ~ l a m r t i c m

shall have been presented, issue not earlier than nine weeks; or, if there shall hare been no counter-petition, not earlier than four weeks from the first publication of the original petition.

9, The Governor may, on address from either House of the Govemormay exercise similar

Legislature, at any time and fronl time to time, without a petition , , , , *hout

of ratepayers, by Proclamation in the Government Gazette, do any ~eeitiong

of the acts which he is hereinbefore authorised to do on a petition

of ratepayers; and may, by any such Proclamation, declare that all

the powers by this Act vested in or given to Boards sha'll, within

any water district created under this section, bc vested in and

exercised by the Commissioner.

10. No water district, or part of a water district, now or here- w;t;$: ;P " , ; i ;

after constituted or continued a water district under " The Water- A C ~. 1882 not to bo

works Act, lbS2," or any Act amending or repealing the same, shall incfuded in water districts under this

A O ~,

be included in any district under this Act, nor shall any waterworks quired conditions to keep the works in a, proper state of repair, or pay interest as agreed, the Governor may a t any time bring such water district under the provisions of this Act.

constructed within any district by private pcrsons undkr the powers

contained in Part X, of this Act he ilnrler the control of any Board:

PART 111. PART III.

APPOINTMENT AND CONSTITTJTION OF WATER

CONSERVANCY BOARDS.

11. For every district (other than water districts under the sole Boards to be

control of the Commissioner), there shall bc a Water Conservancy	appointed for water
Board, consisting of five members, to be appointed and elected, respectively, as hereinafter provided.

12. The first members of a Board shall be appointed by the Go- Appointment of fimt

vernor, and shall consist of the three persons nominated in thc Boards.

petition praying for the Proclamation of the district, and of two

other members to be appointed by the Governor. Three of the

members so appointed shall be entitled to hold office until the

expiration of three years and two until five years from thc first

day of July next succeeding their appointment, as hereinafter

provided.

Board shall be appointed by the Governor, and three members shall subsequent Boards. 13. After the first appointment of a Board two members of every Comtitutiono£

be elected by the ratepayers of the water district, in manner herein-

after provided. 14, In

B-392.

49' & 5oV VICTORIB, No. 392.

The Water Consewation A c t. 1 8 8 6.

-_

PART IIL 14, In order that any person may be qualifled to be a member of

-

Qualification far	a, Board he must be a ratepayer of the water district for which he
member of Board.	may be appointed or elected.
Disqualification for
memberehip of Board.	15. The followingpersons shall be disqualified from, and incapable of, being or continuing members of a Board :-

Any Special Magistrate:

Any person undcr the age of twenty-one years:

Any person convicted of treason or felony, or of a misdemcanor for which sentence of imprisonment other than for the non-pay. ment of a fine shall have been passed, unless he has received a free pardon for such offence, or has undergone the sentence passed on him for such offence:

Any person becoming insolvent, or making n deed of assignment for the benefit of his creditors under the insolvency laws in force for the time being: Provided that such person shall become eligible after he has obtained a certificaie under his insolvency, or obtained the assents required by law for the validity of the deed of assignment made by him:

Any person of unsound mind:

Any person holding office or place of profit under any Board, or

contracting, whethcr directly or indirectly, with any Board appointed for such District: Provided that no person shall be disqualified by reason of his being a proprietor or share- holder in any company incorporated under any Act of Parliament, or registered under any Act for the registration of joint-stock companies, which may have contracted with

any Boa~d: Provided also that no member shall vote or

take part in the discussion of any ma.tter in connection with any contract in which he may be directly or indirectly, by

Extraordinary himself or his partners, pecuniarily interested.

vacancy, how caused 16, 'The following causes shall create an extraordinary vacancy

and filled.] in any Board :-

Death:

Xon-attendance by any member at the meetings of the Boa$rd for

a period of three consecutive ordinary xn&ings	without leave
of the Board:

Removal by the Governor of any member:

Disqualification of any member as hereinbefore defined:

Resignation by notice, in writing, signed by the member resigning, and delivered to the Chairman or Secretaq- of the Board:

Refusal or neglect to ma,ke or sign the declaration hereinafter

prescribed:

Ceasing

490 8~ 500 VICTORIA?, NO. 392. i a

The Water Conservation Act.- 1886.

Ccasing to be a ratepayer of the district for the Board of which Phsp IX1-

the member may have been appointed or elected:

The judgment of any duly authorised Court or Justice declaring the office vacant on the ground that a member is not properly appointed or elected, or declaring that any member ought not from any cause to hold office:

The want of the nomination or election-of a sufficient number of

candidates to fill vacancies caused by effluxion of time:

All cxtreordinary vacancies in n Board may be filled by the Governor, by the appointment of such persons to fill such vacancies as he may think fit: Provided that, if any vacancy shall occur by reason of any elective member ceasing to hold office, a majority of the remaining members of thc Board may, by petition presented to the Governor vithin one month from the happening of the event causing such vacancy, nominate the person to fill the same, who shall thereupon be appointed.

17. Every person appointed to fill any extraordinary vacancy in Term of office of persons appointed to

the ofice of a member of a Board shall, for the purpose of retire- fin extraordinarv

mcnt, be deemed to have been appointed or elec'ted when his vacancies.

immedia'te predecessor in office was appointed or elected, and shall

retire accordingly: Provided always that any such person so

retiring shall b; capable of being forthwith re-apbinted ofie-elected

if then duly qualified.

18. On the first day of July in the third year next succeeding Retirementof members by rotation.

the appointment of the first Board, and on the first day of July in	.
every subsequent fifth year, at the conclusion of the election of new members, two of the elected and onc of the nominated members shall retire from office, the order of retirement of members of thc first Board to be decided by ballot at the first meeting of the Board after its appointment; and on the first day- of July in the fifth year next succeeding the appointment of the first Board, and in every
retire from office; the members to so retire shall be those who have	subsequent fifth year, one elected and one nominated member shall
been longest in office without rc-election, but shall, if then qualified,
be cligible for re-appointment or re-election, as the case may be.

PART IV.

QUALIFICATION, DISQUALIFICATION, AND ENROL- XENT OF RATEPAYERS, AND REVISION OF ROLLS.

19. Every pcrson of full age who shall be seized of or occupy Qualification to be

any ratable property within any water district, either as owner or	as ratepnler.
occupier, and whose name as such owner or occupier shall be inserted in the assessment hereinafter directed to be made, shall be entitled, under and subject to the provisions of this Act, to be enrolled on the ratepayers' roll of, and to vote at all elections and meetings of ratepayers in, such district. 20. The

49' & 50' VICTORIE, No. 392.

'I'he Water Conservation A c t. 1 8 8 6.

Paar m, 20, The following persons shall not be entitled to be enrolled on

Dispnatification for	the ratepayers' roll of hny water district: -
ratepayer.

Any alien:

Any person in receipt of public relief or alms:

Any person who, being assessed, shall not have paid all such rates authorised to be lcvied mder the provisions of this ,4ct as shall have become payable before the time of his application to be enrolled.

List of ratepayem to 21, Immediately after the appointment of a, Board, and on or

be prepared.	before the first day of May in each subsequent year, and at such
other times as the Board may direct, the Secretctry of every Board
shall cause an alphabetical list of all persons entitled to bc enrolled as rateptyers in the matcr district to be prepared, and kept in the office of the Board.

Claims for insertion and Objectiona to 22,

Any person whose name shall have been omitted from such ratepayers' list may claim to have i t inserted thereon, and any rate- payer whose name appears on such list may object to any other person as not being entitled to have his name retained thercon.

mmes on list.

claims and objections, Prescribed form of 23, Every claim hy any ratepayer to hsvc his name inserted on

and when to be made. such list, and every objection by a ratepayer to the name oi any	other Derson being retained on such list, shall be resgectivelv in the	t
forms 'specified iL~chedule A hereto, bht no such cl&n or objection shall be available at any ltevision Court, unless the same shall have been lodged in the office of the Board (as respects claims) not later than fourteen, and (as rcspects objections) not later than twelve days before thc holding of such Court.

Alphabetical lists of 24, The Secretary shall cause alphabetical lists of all such claims

clalms and objectionrr	to be exhibited.	and objections to be prcpared and exhibited in some conspicuous
place in the office of the Board, and elsewhere if considered neces-
&ay, for three days at the least' prior to the sitting of the Court of lievision hereinafter mentioned.

Board to bo court 25. Every Board shall constitute an open Court for the revision of

of Reviaion. the ratepayers' list of their district, and for hearing and dctcrmining the claims of the ratepayers thcreof to be inserted in such list, and the objections of any ratepayers to any person's name being retained thereon, and shall sit for the purposes aforesaid, as regards the first 'list of ratepayers, at such time and place as the Board shall appoint, not being less than one month aftcr public notice of the preparation of such list shall have been given bp the Board; and as regards subsequent lists of ratepayers, on the fifteenth day of June next after the preparation thereof.

Publ icnot iceofai t~~ 26, The Secretary of every Board shall cause to be given not	of Court of Revidon
to be given, less than fourteen days' previous public notice of the time and place

of the sitting of any Court of Revision in his district.

27. The

4$ & VICTORIE, No. 392.

The Water Consemation A c t. 1 8 8 6.

27. The Board sitting as a Court of Revision shall have power PART m.

to examine persons upon oath respecting the said claims and objec- p rOcwdiniY at

tions and all matters connected with the revision of the list, and Revieion OU*.

after hearing the best evidence of which the cases will admit, the

said Court shall make the necessary additions or erasures to or from

the list, and may, by an order under the hand of the Chairman

or Secretary of the Board, award costs not exceeding Twenty Shillings

against any person who shall prefer a claim or an objection which by the Court shall be deemcd frivolous, and may erase from thc list the name of any person who shall not have paid all rates then due and payable by him in respect of the property for which he may claim to vote, or who mav be dead at the time of the revision of the list, and may correct a 6 mistake made in the name of any rate- payer inserted in the list, or whose name may have been erroneously inserted more than once, and may add to or remove from the list any intermediate name that may have been erroneously omittcd from or added to the namc of any ratepayer, and may correct any obvious clerical errors in the list.

28. The first list so revised shall forthwith, and every subsequent Revised list to be

list so revised shall, on or before the twenty-fifth day of June next "Lfepa~e"'roll'

after its revision, be sigued by the Chairman and countersigned by

thc Secretary, and etch such list shall thereupon, and until thc com-

pletion of the revision of a new list, form the ratepayers' roll of the

particular district to which it relates; and the Secretary shall, on

payment of a reasonable price for each copy, deliver copies thereof

to any ratepayer applying for the same.

29, If from any cause whatever any ratepayers' roll directed to Names in last t o

be prepared under this Act shall not be prepared within thc timo until new roll . be ratepayers

appointed, the ratepayers whose names appear in the last list of prepared.

ratepayers shall, until the completion of a new list, be the rate-

payers for the w a t a district for all the purposes of this Act.

PART V. PART v.

ELECTION OF MEMBERS O F HOARD.

upon the first day of July in the third year after the first appoint- of Board. 30. Thc ratepayers of orcry water district having a Board shall, Election of membem

ment of the Board, and upon the first day of J u l y in every subse- quent fifth year, elect two of their number to be members of the the Board for the ensuing five years; and upon the first day of

July in every fifth year after the first appointment of the Board,

elect one of their number to bc a member of the Board for the ensuing fivc years, and for evcry such election votes shall be taken at a meeting to be held for the purpose within the district.

31. Every Board may appoint one of their number not being a Beforewbomheld*

candidate to preside at any nomination or election for their district, and to have the conduct and control of thc proceedings thereat..

32. Ten

490 & so0 VICTORIW, No. 392.

--

The Water Conservation A c t. 1 8 8 6.

.PART	v.
p- 32. Ten clear days at the least bcfore the day by this Act

wotice by .f appointed for the retirement and election of mernbcrs of a Board; the Secretary of the district shall cause public notice to be given of

. glven.

a place, day, and hour for the nomination of candidates for election to such office, such day of' nomination not being later than the twentyfifth day of June next preceding the day of election.

Nominations, how 33. All nominations shdl be signed by two ratepayers, and by

made. each of the persons therein nominated, in testimony of his consent to be put in nomination and to act if elected, and such nomination shall be in the form in Schedule B hereto, or as near thcreto as circumstances will admit; but no nomination shall be acted upon unless the same shall have been lodged in the office of the Board before noon of the day fixcd for nomillations as aforesaid.

Proceedings at 34. On the day of nomination the Returning Officer shall attend

nominutiom. at noon at the place fixed for nomination, at which time and place he shall cause one or more of the nominations for each candidate to be publicly opened and read aloud; if there shall be such number of candidates so nominated as are required to be elected and no morc, he shall declare snch candidates to be duly elected; but, in the event of there being more than the necessary number of candidates nominated, hc shall adjourn all further pro- ceedings in respect of such election to the first day of July following, and shall cause public notice to be given of such adjournment, and of the names of the severa,l candidates, and of the time when and place where such election shall take place,

Electione to be by 35, Every election under this Act shall be by ballot, and shall

ballot.

commence at nine o'clock in thc forenoon and close at fivc o'clock in the afternoon; and for the prpose of such election cvery Board shall be a public body within the meaning of the '' Ballot Act of 1862 ": Provided that the initials of thc Returning Officer, required by that Act to be borne by the voting-papers at any election, may be

written or lithographed by or under the authority of snch Returning

Officer.

soale of voting.

36. In the election of members of a Board cvery person who is the owner or occupier of not more than eighty acres of land shall be entitled to one vote; of more than eighty acres and not more than one hundred and sixty acres, two votes; of more than one hundred

and sixty acres and not more than three hundred and twenty acres,

three votes; of more than three hundrcd and twenty acres and not more than six hundred and forty acres, four votes; of more than

six hundred and forty acres and not morc than one thousand two

hundrcd and eighty acres, five votes; and of more than one thousand

two hundred and eighty acres, six votes.

to be paid pdor 37, No ratepayer shall be entitled to vote at any election until

to voting.

be shall have paid all rates which shall then be payable by him in

respect

49" & 50' VICTORIW, No. 392. 15

A- --p -

W---- --

The Water Conser~xtion Act.--1 88 6.

P A ~ v.

respect of thc propertv for which hc rnav claim to vote; and any rtltepaj-cr may object td any pcrson atteml&ing to vote who shall not have paid his rates.

38. No occupier of any ratable property who shall have duly Occupier'sright to vote protected if he

paid up all arrears of rent to the owner theriof shall be deprived of paid rent to

his right to vote as a ratepyer at any election under this Act by owner.

reason of thc non-payment by the omncr of any rate due for the

property in respect of which such occupier may claim to vote, and

for which the owner shall have agreed with the tenant to pay the

rates.

39. The Returning Officer shall, within forty-eight hours aftcr an Returning Oficer to

election, cause to bc delivered to every person elected, or sent to theirelection.	inform candidates of
him by post to his residence, a noticc in writin5 of the fact of his election, and shall also, within the same time, forward by post, for insertion in the Gocernmmt Gnzette, a notice of such clcction with all the namcs of the persons elected; such notice shdl be published
in the Governnzen t Gazette, and the Govern mcnt Gcrxette containing
such notice shall, except in proceedings for trying the validity of such election, be conclusive evidence that the persons mmed therein were duly elected.

40. No p c ~ o n shall 1x3 capable of acting as mcmbcr of any Declaration to be

Boztrd, exccpt in administering the declaration hereinafter men- m& by mombers.

tioned, until he shell haw madc and signed, before one of the

members of the Board, a declaration to the following effectPcC I,

, do hereby declare that I will faithfully and impartially, according to the best of my skill and judgment, execute all the powers and anthorities vcstcd in mc as i2 member of the Board of the Water District of, by virtue of the " Water Con- servation Act, 1886."

41. Every person who shall act as a member of a Board, being Penalty for acting m

disqualified or incapacitated under the provisions hereof from beirlv b member disqualified. when

or continuinm such member, or beforc he has made and subscribed b.

such declara tloll as aforesaid, shall (save in case of disqualification or incapacity arising from unsoundness of mind) bc linhlc for every such off'encc to a penalty of Fifty Pounds: nevertheless all acts done bp a member previously to the recovery of the penalty, shall be as valid

as if such pcrson had been qualified and cap,zblc, and had made

and subscribed such declaration.

42. If, at the expiration of the time for nomination, t h e r ~ shall Board may act notwithstanding

he fewer qualified candidates nominated than are required to be v,c,cieL

elected, and in case, from any cause whatever, no election shall be made upon the daay or within the time appointed by this Act, or from any causc whatever such election shall become wholly or in part void, the Board shall suffer no disability by reason thereof, but any vacancy or mcancies so arising shall be filled as soon as possible

by the Governor,

-J PART

36 49' & soo VICTORIIE, No. 392.

-

The Water Conservation A c t. 1 8 8 6.

PART VS. PART VI.

BOARDS, THEIR FUNCTIONS, DUTIES, AND POWERS,

Inoorparation of 43. Every Board shall be a public corporation, and the corporate

Board.	name thereof shall be ' T h e Water Collservancy Board of the District ," (the blank to be filled up with the name or number of the district for which the Board shall be appointed), and every Board shall have perpetual succession, and
u common seal on which the corporate name shall be engraved, and
by such name may sue and be sued, implead and be impleaded, and may acquire, by purchase or otherwise, any property real or personal and any interest therein, and may convey, transfer, and dispose of the same, and may become party to and execute any deed, contract, or other instrumeht.

Execution of instru-	44.	Every deed, contract, or other instrument which it shall be
mente by the Board.

necessary for the Board to sign or execute shall be signed or executed on behalf of the Board by two members of the Board, and the seal of the Board affixed thereto, in the presence of the Secretary, who shall attest the signatures and the affixing of the seal thereto.

Evidenceof execution

d0cument8 by 45, Every instrummt or documcnt purporting to be esecnted or

Board:	signed on behalf or undcr thc authority of a Board shall, if executed or signcd in maimer provided i r k the last preceding section, be re- ceived in all Courts, and before all Justices, as prinzci fack evidence that the same was duly executed or signed on behalf or under the direction of such Board.
Electionof Chairman.	46, At the first meeting of evcry Board in every )car, the majority of the members then presrnt s l d l appoint from anloiqpt the members of the Board a Cl-rairinaiz, who shall continuc in ofice for the year ensuing, and in case such Chairman shall die or otherwise cease to be a rncinber of the Board, the other members of the Board, at their next ordinary meeting, shall appoint mother Chairman, and the Chairman so appointed shall continue in office so long as the person in whose place he was appointed would have
been entitled to continue Chairman; and if at any meeting of m y Board the Chairman be not preserit, one of thc members present shall be appointed Chairman of such rnceting by the majority of the members present: I'rovidccl that, if at arly meeting thcre shall be
a11 equality of votes in the electiou of the Chairman, it shall be
decided by lot which of the members having an equal number of votes shall be the Chairman.

Boards may appoint 47.

Every Board may appoint a Secretary and other officers, who shall, before entering upon their rcspcctive offices, give such security as may be required by the Board. T h e Board may, at their discretion, from t h e to time remove any such officers, and appoint others in the room of such as rnay be so removed, o r as may die, resign, or discontioue their offices.

officers

48. Ordinary

49" & 50' VICTORIE, No. 392.

The W a t e r Cousercation A c t. 1 8 8 6.

7--

48. Ordinary meetings of each Board shall be held for the

dispatch of business at such times, not being less than once in	Meetings of B d.
every four weeks, as the Board shall from time to time determine;
and special meetings may be held at any time.
Chairmen may call

49. The Chairman in a11 cases of emergency may call a meeting meeting at any time.

of the Board.

Meetings may be

SO, Any three members of the Board, by requisition signed by called on requisition

them for that purpose, may call upon the Chairman to convene a	of any three members.
meeting of the Board, and in all cases in which the Chairman shall refuse so to do the said three members may call such meeting by notice in writing to the other members stating' therein the time and place of meeting and the nature of the busFness proposed to be transacted thereat.
Notice of meetings to

51.. Seven days' notice of any ordinary meeting, and previous be given.

notice of any special or emergency meeting, signed by the Secretary shall be sent to each member of the Board before the time appointed for such meeting: And such notice shall in all cases of special or emergency meetings shte the time and place of such meeting. and

the business for which thc same is called, and at such meeting no

business shall bc transscted other than that stated in such notice,

52. At all meetings of Boards three of the membcrs of the Board Quorum at meeting.

shall form a quorum.

53. All meetings of every Board shall he open to the public,	Meetings to be open
to the public.

but i t shall be lawful for the Board to exclude or expel any person

on account of his or her disorderly conduct.

54, At all meetings of any Board the questions there considered	meeting8 to be decided
Questions at Board

shall be decided by open voting by the majority present, and if there	by open voting.
be an equal division of votes upon any question, the Chairman, or

his own vote as a member, have a second or casting vote. member acting as Chairman at such meeting, shall, in addition to 55. The members present at any meeting, or at any adjourned Meetings may be

meeting of a Board, may from time to time adjourn such meeting;

adjourned.

and if a t any meeting of any Board no quorum he present within half an hour after thc time appointed for such meeting, the members present, or any one member, if only one be present, or the Secretary

of the Board, if no member be present, may adjourn such meeting to another day, not being &ore than fourteen days from the day of

such adjournment. Notice of every such adjournment shall be

given to the members of the Board by the Secretary.

56. Every Board may, at any meeting, from amongst themselves, appoint Committees for any purposes within their powers, and may

Committees may be

appointed.

fix the number and quorum of every such Committee, and may, from

time to time, alter or discontinue such Committees or any of them.

C-392. 57. Every

49O & 50' VICTORIA!, No. 392.

The Water Conservation Act, 1 8 8 6.

VI. 57, Every Committee may meet from time to time, and may

CommittBe8,	quorum, adjourn from place to place, as they may think proper, but no bust
and conduct	of ness shall be transacted at any meeting of any Committee unless the

busineea.

quorum of members (if any) fixed by the Board (and if no quorum be fixed, unless three members) be present: At all meetings of any Committee one of the members present shall, by the majority of votes, and if they be equally divided, by lot, be appointed Chair. man, and all questions shall be determined by the majority of the votes of the members present. The Chairman of every Committee shall, in addition to his own vote as a member, have a second or casting vote.

ProceeWwfBoard8

and Committeee vali- 58. No proceeding of a quorum of a Board, or Committee, or of

dated.	any person acting as a member thereof, shall be invalid or illegal bv
re&& only that-there was some defcbt in the election or afioinC mcnt of the members of the Board or Committee or person acting as aforesaid, or that they, or any of them, were incapable of being such members, or that there was any vacancy in the number of members at the time of such proceeding.
Minutes of proceed-
inge.	59. Every Board shall cause entries of all the proceedings of the Board, and of every Committee appointed by them, with the names of the members who shall attend each meeting, to be duly made from time to time in books to br provided for Ltlthe purpose; which shall be kept by the Secretary under the superintendence of the Board, and every such entry s h l l be signed by the Chairman of the meeting following that at which the proceedings took place; and every entry purporting to be such entry as aforesaid, and to be so biped, or a copy thereof, or extract therefrom, certified under the hand of the Secretary and the seal of the Board, shall be received
as evidence in all Courts and before all Justices, without proof of
such meeting having been duly convened or held, or of thc persons attending such meeting having been or being members of the Board or of any Committee respectively, or of the signature of' tire Chair- man, or of the fact of his having been Chairman, all which last- mentioned matters shall be presumed until the contrary be proved; and such books shall at all reasonable times be open to the inspec- tion of any of the members of the Board, and to any ratepayer of

Seorehr~ to produce the district. At every mccting of each Board the Secretmy

caah and pass books

and forward minutes produce to the members present thc cash-book and hank pass-

to commi@ioner. book of the Board, and the same shall be inspected and initialled by the Chairman. A copy of the minutes of every meeting of each Board, certified by the Secretary thereof, under the seal of the Boa& shall forthwith, after each meeting, be forwarded by the Secretary to the Commissioner,

Renolutions of Board,

how revoked. 60. No resolution of a Board shall bc revoked or altered, except

by thc resolution of an ilbaolute majority of the whole Board, passed at a subsequent meeting, nor unless notice of the intention to propose such revocation or alteration at such subsequent meeting shall have been given by the Secretary to each member of the Board seven days at least before holding the subsequent meeting.

61. The

-

The Water Conservation Act.-1886.

-- -- p

_--

P A ~ vl

61. The duty of evcry Board shdl be to construct waterworks for

the collection, conservation. sale, and distribution of a supply of ~ e n e d duties of

water within the district under the management of such Board, Bm"

and generally to do all such acts as the Board may deem necessary

or desirable for carrying out the provisions of this Act.

itself, its officers, agents, licencees, and servants, for the purpose of 62. Subject to the provisions of this Act, every Board may by g;;;ff'Powemd

constructing, completing, extending, or maintaining any waterworks,

and for supplying water to or in their district, and for carrying

out the provisions of this Act, from time to time exercise anv of the following powers within the district under the management of such Board, doing as little damage in the exercise of such powers

as may be :-

With or without horses, cattle, or carriages enter upon and take the lercls of any land, and sct out such parts as may be rcquired for the ynrposes of the Board, and dig, break up, and trench the soil of such land, and remove or use all earth, stones, minerals, trees, and other things dug or obtained out of or

from the same:

Enter upon, take, and hold, either temporarily or permanently, possession of, and appropriate such land as they shall deem nccessnry or desirable for the construction, maintenance, or improvement of any waterworks, or for securing or increasing the supply, or improving the quality of water to be supplied:

Sink such wells and shafts, and make, maintain, alter, or discon- tinue such waterworks, and erect and maintain such buildings upon any land, or in, upon, or across any river, creek, stream, or watercourse required by the Board, as they may deem proper for supplying their district with water:

Divert and impound the water from any lake, lagoon, swamp,

marsh,river, creek, stream, or watercourse as they may deem fit:

Divert or alter, as well temporarily as permanently, any part of the course of any river, stream, creek, or wsttercourse, or (temporarily only-) any road, street, or way, in order ' the better to carry out the duties or exercise the powers of the Board:

Construct waterworks for irrigation and other purposes:

Cut drains and make channels to deliver water into or take water

out of, and embank, widen, or deepen, any river, stream,

creek, watercourse, lake, lagoon, swamp, or marsh:

Enter at any time upon any lands, roads, streets, or ways, for the purpose of contructing, repairing, altering, cutting off, or removing any waterworks under the control of the Board: Provided no Board shall have power to enter upon any enclosed land of any person within fiftv yards of his dwtdling- house without the written consent of the owner.

63. Every

49' & 50° VICTORIE, No. 392.

-

The Water Constrmtion Act.-1886.

1_

PABT YI. 68. Every Board may, with thc consent of the Commissioner,

Bmrd map, wicb construct waterworks at any place beyond the limits of their

~tofcommi88iober~ diehict for the supply of water to the district, and for that purpose

exerciae powers out -

side diatncte.	shall have and may exercise outside of their district all the powers
exercisable by them within their district, except the levying oi' rates.

Board may make M. Subject to the approval of the ~smmissioner, every Board

by-lawa.	may, from time to time, make, amend, and repeal by-laws alld regulations for or relating to all or any of the following subjects;
and may, by such by-laws, inflict penalties not exceeding Fifty
Pounds for each offence, for the better enforcing the said several by-laws and regulations, or for punishing the breach thereof, or of
any of them :-

The appointment of the time and. place for meetings of the Board, whether ordinary or special:

The powers and duties, and the control, supervision, and guidance

or all officers, servants, and persons employed by the Board:

The form of contracts to be entered into with the Board:

The leasing, care, or control of any waterworks:

The imposing, levying: and collecting the water rates or charges within their distrlct:

The measures to be taken to prevent and remedy the waste, undue consumption, obstruction, and contarninahon of water contained or supplied from any part of their waterworks, and to regulate the days and hours when water can be obtained for irrigation on any land, and the quantity to be allowed:

The protection of every part of their waterworks from trespass or

injury:

The terms and conditions upon which the Board will supply

water to ratepayers, travellers, and travelling stock within

their district, an$ the scale of charges for supply of water by

measure or otherwise, and the providing and regulating the construction, disposition, and inspection of meters and other $ttings:

Granting licences to competent plumbers, and cancelling such licences, and also for preventing any other than licensed plumbers from fixing. altering, or repairing any pipes, fittings, or meters connected with the pipes or works under the control of the Board:

For compelling persons using water supplied by the Board to keep

their pipes, fittings, and other appliances in proper repair;

for preventing any alteration of, or interference with, such

pipes or fittings without the consent of or notice to the Poard; for repairing such pipes, fittings, and appliances so as to prevent waste of wa,ter, and for recovering the cost of

such repairs:

For

49' & 50° VICTORIAZ, No. 392.

For prevcnting unauthorised persons using, directly or indirectly, Paar PI.

water supplied by the Board:

For regulating the number, form, material, dimensions, construc- tion, a,nd arrangement of pipes, fittings, and other works supplying water from the pipes of the Board to adjacent premises; the time of executing and the notices to be given for such works; the supcrintendencc thcrcof; thc making good and replacing ground ~vhich may be displaced in the conrse of such works; and for inspecting at reasonable times, pipes and fittings, situate within any buildings or otherwise:

And generally for more effcctually exercising the powers conferred upon Boards by this Act, and for carrying out the provisions of the same in cvcry particular.

65. Every by-law or regulation made in pursuance of the last ~ ~ be ; ~ ~ ~ ~ P

preceding section shall, after being approved by the Commissioner, be published in the Government Gazette, and shall from the date of such publication have the force of law within the district for which the same is made.

66. The production of R, copy of any by-law or regulation, pur- Certified copy of

porting to he certified by the Secretary of any Board, under the seal by-law to be evidence.

of the Board, to be true copy of a. by-law or'regnlation for the time being in force, within the district under the control of such Board, shall be primd f ~ c i e evidence in all Courts of law and before Justices that such by-lak or regulation was duly made and is in force.

67. The Commissioner may at m y time; ~ f ter f o~~r teen days' noticc commis~imer may

in writing given to the Chairman of the Board, revoke, amend, alter,

revoke by-lam.

or add to all or any of such by-laws or regulations, and every order by

which any of such by-laws or regulations shall be revoked, ame~ded,

altered, or added to, shall be published in the Gouemment Gazette,

publication. and shall take effect and have the force of law from the time of such 68. The Commissioner may, at any time after the Proclamation Commissioner may

or other formation of a wntcr district: advance to the Board of such ~ ~ ~. d ~ d v a n C M t "

district such sum or sums of money ilot exceeding Three Hundred Pounds as he rnay deem sufficient to gay for the making of an assess- ment of all ratable property within the district, and all other pre- liminary and current expenses, and also a further sum not exceed- ing Two IIundred Pounds for the constructio~~ of waterworks: Provided that any advance made under this clause shall be repaid to the Government within three years, unless such payment is otherwise provided for by loan.

69. Every Board shall, when applying to the Commissioner for lam Boardta@ve~dcu- to ~ommisaioner

any preliminary advance, give full particulars of the purposes for of purposes for

which thc advance applied for is proposed to be expended. advance ie requird

70, Every

.22 49O & 50' VICTOKI&, No. 392.

-_I_

The Water Conservation A c t. 1 8 8 6.

PAXT yr. 70. Every Board may, subject to the provisions of this Act,

~aard may enter into enter into contracts with any person or persons for the construction

of any waterworks, or for furnishing materials, or any other things

necessary for the purposes of the Board. Every such contract

be in writing, and shall specify the price to be paid for the subject-

matter thereof, and, if for works, the time or times within which t& non-performance within the specified time. same are to be completed, and the penaltics to be suffered in case of

Boards not to have

power to borrow or 71, No Board shall, without the consent of the Commissioner,

anticipate funds.	enter into any contract or agreement involving a liability upon them,
to pay any sum exceeding the funds at the time actually at their
disposal, or under their control; and no Board shall, by may of mortgage, debentures, or otherwise, borrow, or anticipate its funds in any manner atever. Every contract, agreement, mortgage, debenture, or ot security made, entered into, or issued in contra- vention of this section shall be absolutely void, except as against the members of the Hoard who shall have consented thereto, and such members shall be jointly and severally liable in respect thereof.
Plnm and specifics-

tions of works eeti- 72, Every Hoard shall, before entering into any contract for or

mated to cost over	authorising the construction of any waterworks to be paid for out of
$200 to be submitted
for approval.	loan moneys as hereinafter provided, the estimated cost of which
shall exceed Two Hundred Pounds, submit and obtain the
approval of the Commissioner to plans, estimates, and specifications of such works, such plans, estimates, and specifications t o be in duplicate, signed by the Commissioner, and one copy to be deposited with him.
Gdvernox may

disallow waterworks 73, The Governor may, wholly or in part, disallow any such

proposed by Board.	waterworks, and may require that any waterworks approved by him
shall be carried out under the supervision and direction of such
officer as he may direct, and all accounts for payment for works so carried out shall, when certified by such officer, be deemed loan moneys advanced for such works as hereinafter provided, and shall bear interest accordingly.
grant loans for
Governor may	74, The Governor majT, subject to the provisions of this Act, frdm time to time p n t loans to any Board for the construction of such waterworks as may have been approved by him. Whenever
approved worlrs.
a Board has obtained a loan, the rates levied by such Board d d l be
appropriated as follows :--(a) For payment of interest on the loan:
( b ) For the maintenance, repair, and management of the works:
( c ) For the extension and development of the works, and for the payment of any salaries, fees, and other expenses not authorised t o
be paid from loan money.

Banction of Parlia-	75. The Commissioner, before the grant of any loan for or
ment tO be obtained

to conetruction of	authorising or approving of the construction of any waterworks,
' works exceeding	the estimated cost of which shall exceed Ten Thonsand Pounds,
$10,000.	s h d lay a report, plans! specifications, and estimates of the pro-

posed

49O & 50° VICTORIW, No. 392.

7

The Water Conservatim A c t. 1 8 8 6.

psed works before Parliament, and obtain its sanction for the PART VL

proposed expenditure, Such report shall contain the following

I. The nature of the proposed reservoirs, their capacity, and the

locality in which they are to be constructed:

11. The available supply (if any) from springs or running streams, or (in thc absence of a sufficient supply from these sources) the area of the available catchment, and the average rain- fall therein:

111. The probable loss by evaporation, absorption, and other

causes iu each case:

I V. The area of land in the vicinity which will be affected in value by the water supply, or may bd subjected to irriga- tion; and whether the said land is private property or Crown lands.

76, The maximum amount that shall be advanced by the Corn- Maximum amount

missioner to any Board shall not exceed one-fourth of the gross advsnce.	Commissioner may
vdue of all ratable property in the district.

77, Every advance and loan, gmnted under this Act to a Board, L o ~ ~ ~ t o b e ~ ~ ~ ~ ~ ~ ~ ~ ~ t.

shall be applied by the Board for the particular purposes for which the same was madc or granted, and shall be a debt duc from such Board, and shall bear interest at the ratc of Five Pounds per cent, per annum from the time when the same was made or granted. All ~nterest accruing on m y such advance or loan up to the time when the Board shall have power to levy the rates within their district, in respect of any particular waterworks, as hereinafter pro- vided, shall be capitalised and added to the advance or loan in respect of which such interest has accrued, and intcrest at the rate aforcsaid on the whole debt so computed shall thereafter be payable half-yearly in advance.

78, The Commissioner may appoint one or more inspecting en- Commissioner to

giucers to examine the plans and cstimatrs of all works proposed to ~ ~ ~ $ ~ ~ ~ p e C t i n g

be undertaken by the Board, and for which money is proposed to be

borrowed, and report upon the same; also, to inspect the works

during construction to ascertain if carried out in accordance with

the plans and specifications submitted to and approved by the Com-

missioner.

79. The Commissioner may at a'ny time require the removal of Commissionermsp

any engineer, inspector, or clerk of works, employed by any Board mmove

require Board to

in carrying out works approved by thc Commissioner, and there- upon such officer shall be removed by the Board; and the Commis- sioner may from time to time give any general or specific directions

to any Board, for the purpose of more effectually enforcing the con-

struction, maintenance, and continuance of any waterworks within

their district.

80. If

49" & 50" VICTORIW, No. 392.

PART vr, 80, If any Board shall refuse, neglect, or fail, within a reason.

In MM of Board	able time, to comply with any direction given them under this Act
c,,mmiasionsr may	by the Commissioner concerning any waterworks, the Commissioner

refusing to oomply,

c	a	out work.	~	may carry out such direction, and the cost and expense of carrying out the same shall be a debt due by the defaulting Board to the Commissioner, who may retain the amount thereof out of any loan moneys granted, but not paid over, to the Board. Should there be no sufficient loan moneys available, the amount of such debt shall be deemed to be a loan advanced to such Board for the construction
of waterworks, and be subject to the payment of the same rate of
interest, and recoverable in the same way, as any other moneys advanced for such purpose.

Boards~f	twoor	81. Any two or more Boards of adjoining districts may, with
ad joining	dietricts

may jointly carry out the consent of the Commissioner, contract one with another, and

anywOrks"Obenefit jointly, t o carry out any waterworks which may be required to be

, their dietricts.

extended from one water district into any other water district.

Mone s to be paid 82. All loan moneys granted or advanced as hereinafter pro-

into JLk.	vided by the Commissioner to any Board, and all other the money of every Board shall, whenever the same amounts to Twentv Pounds, be paid into some Bank, to be fixcd by the Board; an2 no pity- ments of sums of One Pound or upwards shall be made by a Board except by cheque, signed by two members of the Board
and countersigned by the Secretary.
Boarda may apply

moneye for payment 83. Every Board may, out of any moneys at their disposal, pay

of claims. any sum due by them under any agreement lawfully made for or in accomplishing any of the purposes of this Act, and any sum recovered against them by any process of law.

Power to lease and 84,

Every Board may, subject to the approval of the Commis- sioner, demise any land vested in them, and which shall not be immediately required fbr the purposes of this Act, for such period,

sell surplus land and

pmparty.

at such rent, and upon such conditions as they shall think fit, and

may, subject to the like consent, sell, exchange, or otherwise dispose	of any such land which they shall not require for waterworks, and
transfer or convey such land, and the Board's receipt for any sum of money shall be a sufficient discharge to any lessee, purchaser, or other person paying the same.

Books to be kept, and

to be open for inspec-

85. Every Board shall cause to be kept proper books of account according to a form to be supplied by the Commissioner, and shall cause to be entered in such books full, true, and regular accounts of all sums of money rceeived, and of all moneys paid by the Board under or by virtue of this Act, and of the several purposes for which such sums of money shall have been received or paid, which accounts shall, at all reasonable times. be open to the inspection of the Camh-kdoner and of every member of the Board, and also to the Comrnissianers of Audit, or either of them, and to all persons authorised by the Commissioner or any member of the Board or the

tion.

Commissioners

49' & 50" VICTORIrE, No. 392. 25

The Water Corrzservation Act.-1 886.

- -- ----p - ---L

Commissioners of Audit; and such account3 shall be balanced once

PART vr*

at least in every six months, and be audited by one of the Com-

missioners of Audit, or by such person as the Commissioners may

appoint.

86. Every Board shall, on or before the thirty-first day of July Yearlyretms made to tho corn- to be

in every year, render to the Commissioner a full and truc statement missioner.

of all &&works begun, continued, or completed during the year ending on thc preceding thirtieth day of June, and also an account and balance-sheet, showing the aomunt of all rates and sums of money levied, received, and expended by and owing to the Board during or at the end of the same pegod, and such account and balance-sheet shall be verified by the declaration of the Chairman or Secretary of such Board, and a copy of such balance-sheet shall be forthwith published by the Board in the Government Gazette.

87, The Commissioners of Audit shall have and exercise in Provisions ~ c t to apply. of Audit

respect of the moneys and accounts of a11 Roa,rds, and the persons dealing therewith, the same powers which are vested in them in

respect of the public revenue by the c c Audit Act, 1882."

88. I t shall not be lawful for any Roard to sell or assign any Boardnot tosell works constructed out

waterworks constrixted out of loan moneys advimced or granted to

loan monw.

the Board under this -4ct Fy the Cornmissioiier without the previous

consent of the Commissioner.

PART VII,

ASSESSMXNTS, APPEALS AGAINST ASSESSMEKTS:

RATES, AND R E C O V ~ R Y O F RATES.

89. Every Board shall forthwith after their first appointment and Assessments and principles on which

thereafter whenever they shall consider it necessary for any of the same are to be made.

purposes of this Act, Lake, OT cause to he mad;, an assessment of all ratable property within their district; and all such asscss- ments shall be ;naae &cording to the principles following, that is to say:-As to all lands built upon, or occupied with any land built upon, wherever situate, and as to all other lands not being town lands, according to the full estimated annual rcnt (clear of all outgoings) at ~Ghich the same would let for a term' of fourteen years; as to all town lands unbuilt upon, according to a percentage of five per cent. on the value of the freehold; and as to all town lands c&qxising a block of not less than twenty acres, not divided

by roads, and unused, or uscd only for pastoral or agricultural pur-

poses, according to a percentage of two and a half per cent. on the

value of the freehold.

90. Upon every such assessment being concluded, a return Return of t~essment to be submitted to

:hereof, setting forth the names of the several occupiers and owners Board for a ~ ~ w ~ n c e,

D-392, (80

49' & 50" VICTORIJE, No. 392.

The Water Conservation A c t. 1 8 8 6.

PMW (so far as known), and the area, situation, description, assessed value, and, where necessary, the freehold value of the respective properties assessed, shall be made in the form of Part I. of Schedule C to this Act (or as near thereto as circumstances may permit), and shall be submitted to the Board for allowance at the meeting which shall take place next after the'conclusion of the assessment; and being allowed shall forthwith be recorded or entered in a book, to be

9 ~ s s e r r m t book. called the Assessment Book, which may be in the form of Schedule

C to this Act; and such entry shall be signed by the Chairman, and dated, and thereupon the assessment shall bc deemed to have been completed or made on such day.

Copies of assessment 91. Three copies at the least shall be made of cvery such assess-

to be deposited at	convenientplaFes~or ment, and being dated a'nd signed by the Chairman, shall be
inspection. deposited for inspection at such different convenient places within

the district as the Board may appoint.

Board may uw any 92. The Board in making an assessment may, in their discretion, use, with such alterations and additions (if any) as may aypcar necessary, any previous assessment duly made according to the principles aforesaid, and may in any case where any District Council or Municipal Corporation exists within their water district use thc assessment of such District Council or Municipal Corporation as the asscssmcnt for the portion or portions of such water district included in such District Council or Municipal Corporation, and the assessment so used with such alterations and additions (if any) as aforesaid, upon being adopted by the Board, and upon a memorandum being made in the assessment book, and on the copies thereof? stating such adoption and setting forth such alterations and additions (if any), and being signed and dated by thc Chairman, shall for all purposes be deemed to be an assessment duly made under the rcquirernents of this Act.

previous assessment. instead of preparing or causing to be prepared a fresh assessment,

Assessment to be in 93. Until any assessment shall be superseded by an assessment

till

~ubsequently made, swh first-mentioned assessmcnt shall be deemed

to be the assessmcnt for the time being in force.

Board may correot 94. If it shall at any timc appear to a Board that any property

a88eadment which ought to be included in their asscssrnent book has been omitted therefrom, or that any error of name or description has been made therein, or that any other matter purely of error shall need rectification in such book, the Board may correct such book, and the copies thereof, by including therein all nccessary particulars respec- ting such property, and the assessed value thereof, or by making such other correction in the said assessment book as may be requisite:

Proviso. ' Provided that, except on appeals as hereinafter provided for, the assessed value of any ratable property as set forth in the assessment book shall not be altered after the giving of any public or special notice of the assessment ss hereinafter provided.

95. A ~ Y

49" & 50" VICTOR1.E. No: 392. 27

The Water Conservation A c t. 1 8 8 6.

95. Any person in actual occupation of ratable property and, PART m*

not appearing in the assessment book as the occupier thereof, and The actual occupier and the owner of

the o m c r of ratable property not appearing in the assessment book ratable pmperty may

as such owner may respectively apply to the Board to have his apply tohave their names entered in

name inserted in the assessment book and the copies thereof, as such asg,,,,e,t

book.

occupier or owner, as the case may be, in place of the occupier or

own& (if any) for the time being iPpekring therein, and the ~ o a r d,

mon being satisfied that the aimli~a~nt is such occupier or owner,

as the c& may be, shall COL& the assessment-6ook and thl? Proviso: No person copies thereof, accordingly: Provided that no person shall be entitled to vote by entitled to vote at any rate meeting by virtue of any such corrcction ~ ~ ~ f ~ ~ ~ y ~ ~

unless the same shall have been made at least one month prior to monthbeforemeeting.	-
the day fixed for such meeting.

Corrections to be

96. Every correction in thc asscssment book, and the copies by Chaimnn

thereof, under the provisions of either of the two last preceding anddated.

sections, shall be made at a meeting of the Board, and signed by

the Chairm~n, and dated with the date of the making thereof.

97. Notice of the making of every assessment, and of every ~ ~ , " $ ~ ~ ~ ~ f ~ ~ ~ f

alteration or correction thereof or addition thereto. and of the places to be given.

whcre the copies thereof may be inspected, shall forthwith bcAgiven previous assessment shall be adopted as aforesaid special notice need

by public notice in one of the forms in schedule D, or as near there-

to as circumstances will permit, and also by delivering or posting

within ten days after the making of the assessment, alteration,

correction, or addition, as the case may be, a special notice thereof in

writing, addressed to every person appearing in the assessment book

as the occupier of the ratable property concerned, or in case no

person shall appear therein as occupier then to every person

appearing therein as owner of such propcrty, but if no person

appear thercin as occupier or owner then siwh special notice shall

be unnecessary, and the ~ u b l i c notice of the assessment in the

not be given to the occupiers or owners of any property in respect whereof the Board in adopting such previous assessmmt shall not

P*xp

forfeit and pay for every such offcncc a sum not exceeding Fifty

pounds.

Board in that behalf shall be entitled, at all reasonable times with- District Council, &c. 191. Any person authorised by the Commissioner or by m y Inapeotionof booh d

out charge, to inspect any valuation book, assessment book, or rate-

book of any Municipal Corporation or District Council relating to property within the water district under the control of the Com- missioner or of such Board, and to take a copy of or make extracts from such books; and every person having the custody of such books, or any of them, who shall refuse or neglect to allow such officer upon request to inspect, or to take copies of, or to make ex- tracts from, such books, or any of thcm, shall for every such offence be liable to a penalty not excccding Five Pounds.

under the authoritv of the Commissioner or ;lnv Board, or any other works. 192. Every person who shall wilfully obstroct any person acting ~;$Q'~~~ti?~t~;

authorised persons, in setting out any works undertaken by the Commissioner or such Board, or other persons, in pursuance of this

Act, or pull up or remove any poles or stakes, or destroy any marks

made for the purpose of setting out such works, shall for every such

offcncc be liable to a penalty not exceeding Five Pounds.

or damage, or attempt to destroy or damage, any part of the water- waterworks. 193. Every person who shall unlawfully and maliciously destroy Penaltyfordeatroyhg

works belonging to or under the control of the Commissioner, or	8
any Board, or other authorised persons under this Act, shall be liable
on conviction to imprisonment with hard labor for any term not
exceeding ten ycars.

supplying any river, stream, creek, or watercourse connected with diverting water from 194. Every person who shall unlawfully divert or take the waters F&$gt,"ew-

the waterworks belonging to or under the control of the Commis- any	sioner or any Board, or other authorised persons, or who shall do
any unlawful act whereby the water therein may be diverted or
diminished in quantity, shall be liable, on conviction for every such offence, to a penalty not exceeding Fivc Pounds for every day during which the water shall bc diverted, taken, or diminished.

195. Every person who sliall unlawfully take or use any water Penalty f o r u h w - fully taking water

from any waterworks belonging to or under the control of the Corn- fromaoy w a ~ r a o r ~ a.

missioner or any Board or other authorised persons shall for every such offence be liable, on conviction, to a penalty not exceeding Five Pounds.

196. Every person who shall throw or convey, or cause or permit Penaltyfor pofluthg

to be thrown and conveyed, any rubbish, dirt, live or dead animal, water.

or any noisome thing, into any waterworks belonging to or under

the control of the Commissioner or any Board or other authorised

persons, or shall bathe thmein, or wash or cleanse therein any

clothing,

48 49" & 50° VICTORIA, No. 392.

*

The Water Conservation Act.- 188 6.

PART XI* clothing, utensil, instrument, or other thing, shall for every such offencc be liable, on conviction, to a penalty not exceeding Twenty Pounds.

PBadtyfor au~wk

water or other liquid 197. Every person who shall cause or permit the water or other

horn sever, drain,	liquid from any sink, sewer, drain, tank, engine, or factory under
&C.* to
waterworks.	his control to run into any waterworks belonging to or under the control of the Coxnmissioner or any Board or other authorised persons, whereby the water then being or thereafter to come therein shall
be fouled, shall for every such offence bc liable, on conviction, to a
penalty not exceedihg Fifty Pounds.

Penalties for ~01111-	198. The provisions of this Act relating to the prevention of
tion, &C., to apply to d

a waterworks, mage or pollution to any whterworks, waters, or any part thereof,

whstherwithinwrhx and the penalties in that hchalf provided, shall apply to any water-

district or not. works which already have been, or may hereafter be, constructed by

the Commissioner or any Board, or tllat may at any time be under the control of or leased by the Commissioner or any Board, or that may be constructed or maintained by private persons or companies, under the authority of this Act, notwithstanding that such works shall not be within slny water district;.

Declarations. 199. Declarations undcr this Act may be made and declared

before m y Justice of the Peace, Notary Public, or Commissioner

Penalty.

for taking atffidavits in the Supreme Court; and if any person wil-

fully make any false statement in any declaration made in pursuance

of this Act, he shall be guilty of a misdemeanor, and be punishable

as if guilty of wilful and corrupt perjury.

Forgery.

200. Whosoever shall forge any signature to a petition under this Act shall be guilty of a misdemeanor, and, being convicted thercof, shall be liable to be imprisoned, with l m d labor, for any term not exceeding two years, at the discretion of the Court.

Penalty.

Regulations.

201. The Commissioner shall have power to make all such regulations as to him shall seem fit for carrying out the objects, purposes, and provisions of this Act md the various parts thereof respectively, and cvcry such regulation, when published in the Govenlment Gazette, shall have the force of lam; but all snch rcgula- tions shall be laid before Parliament within fourteen days after the publication the~eof, if Parliament be then sitting, and if Parliament

be not then sitting, within fourteen days from its next sitting for

the dispatch of 'business.

Saving c~aurre. 202. Nothing in this Act contained shall affect " The Waterworks

Act, 1882," or any Act amending or repealing thc same, or take from, lessen, or diminish any of the powers belonging to or vested

in any Municipal Corporation, District Council, Drainage Board, or

Board of Health.

Gwtte conclusive

evidence of constitu- 203. The production of the Govement Gazette containing

Proclam ation

The Water Conservation Act .188 6.

Proclamation of the constitution of a water district, or any alteration P A ~ XI+

in the boundaries of a water district, or the appointment of a ,Board tion or alteration of

for any water district, shall be conclusive evidence that such water

district hats been lawfully constituted or that the Board has been law- appointment of a

fully appointed, or that the boundaries of a water district have district.	Board for any water
been lawfully altered, as the case may be, notwithstanding that i t
may be shown that the petition upon which such Proclamation was
issued or appointment was made, did not contain the particulars, or was not signed by the number of mtepayers, required by this Act.

PART XII.

LEGAL PROCEDURE.

writ of quO war-

204. No writ of quo warranto, or information in the nature of a ralzto allowed to try

quo warranto, or other proceeding shall issue, or be filed, or had, or title to ,,,	,ffiCe.
taken in thc Supreme Court to try or question the title of any Board, or the title of any person to act as member, or in any office or place in or in the gift of a Board.

or restore to office, or to compel a Boa,rd to proceed to the election to compel Boarda to 205, No mandamus shall issue from the Supreme Court to admit :;;f";$,";:d,";;

or appointment of any member, officer, or other person to any office ~	~	Or	~	~	d	~	$	~	~
or place in or in the gift of a Board, or compel any person or persons to proceed to any ballot, or to compel the production or delivery of any books, voting-papers, or other documents or papers, to the production or possession whereof any Board or person may be entitled under this Act.

206, No assessment or rate, or notice thereof, or order for d e ~ ~ ~ ~ ~ ~ ' ~ * a h

daring or making the same, or for making or allowing any alter* certiorari to supreme

tion thereof, or any proceedings in rclation thereto, shall be removed court.

by certiorari or otherwise to the Supreme Court.

207, The proceedings for trying the title of a member, officer, or ProeeedWfortrying title of member to his

other person to his office or place, or trying the right of any person mCe to be decided by

to be admitted or restored to any such office or place, or to compel two Or mOreJuetices

m a summary way.

his restoration or admission, or to compel any Board to proceed to any election or appointment, or to try the ;alidity of :any assess- ment or rate, or to compel the production or delivery of any books, voting-papers, or other documents or papers, to the production or possession whereof any Board or person may be entitled under this Act, shall be had and taken before, and determined by, two or more Justices of the Peace in a summary way.

or by any ratepayer of the district or other person interested, and Justices. 208. The information may be laid at the instancc of any Board J ~ ~ ~ i c t i o n o f

the Justices may make an order declaring any person not entitled to the office or place then possessed by him, and that such office or place is vacant, or that the informant is entitled to the said office or place, or command the Board to proceed to take

6-392. the

49' & 5oV VICTORIW, No. 392. -.

-

The Water Conservation A c t. 1 8 8 6.

- -- -- -- - - .-

--_ _

PART xn.	the necessary steps for and hold any election, or make m y appoint. ment, or to compel any person or persons to proceed to any ballot that may be necessary, or may make any order quashing any assess. '
ment or rate, which for any reason is invalid, or may make an order to compel the production or delivery of any books, voting. papers, or documents by or to any Board, or officer thereof, to or by any person, but no order to admit or restorc any person to any office or place shall be made whilst any other person is in possessiou. of such office or place.

Claims by Boards B 209. All claims by or on the part of any Board to any moneys,

moneys not accounted

for bp otfioern map be OX. to any vouchers, receipts, papers, writings, property, and effects

decidedby Justices- whatsoever, retained or not duly accounted for by any collector or

other officer or person employed by the Board, may be heard and determined by any two or more Justices of the Peace in a, surnmary way.

On non-compliance

with order, Justices	210. On non-compliance with any order made by any Justices of
ment.

mayintlict punish-

the Peace, under the provisions hereof, on information laid at the instance of any Board, or by any ratepayer or person interested, any two or more Justices of the Peace map ordcr any sum of money to be paid to any Board, or officer thereof, by any person, as compensation for any injury sustained by reason of the non-corn- pliancc with any such order, and Inay order any such person to be imprisoned, either for a pcriod not exceeding six months, or until the order aforesaid is obeyed, and such imprisonment may be ordered in addition to or without any order for payment of money as aforesaid.

Time within which

proceedings to try 211. No proceedings to try the title of any person to any office

title, &C., my be	or place in or in the gift of a Board, s l d l be had or taken except
taken.	upon an information laid within two months from the time at which the person whose title is disputcd was appointed or elected, or the cause arose hy reason whereof such person shall be liable to
the validity of any assessment or rate shall be had or taken except be ousted, whichever shall last happen; and no proceedings to try
upon an information laid within two months from the t ime at which notice of the assessment or rate first appeared in the Government Gazette.

Fines against provi- 212, All fines and penalties for any offence against this Act, or

aions of A C ~ may be

recovered before two any by-law or regulation made in pursua,nce of this Act, may be	Justices.	recovered before my two or more Justices of	the Peace in a summary
way.
Procmdings before

Jueticw to be ~ g u - 213. The proceedings before Justices may be conducted ss

hted by Ordinance	appointed by, and shall be regulated under, the Ordinance No. 6 of
No. 6 of 1860.	1850, intituled 'An Ordinance to facilitate the performance of the L
duties of Justices of the Yeace out of Sessions with respect to Summery Convictions and Orders," or of any other Act for the time being in force relating to the duties of Justices of the Peace with respect to summary convictions and orders. 214, There

49' & 50' VICTORIW,. No. 392.

The W ~ t w C'onser.vation Act.-l 886.

p-

214. There shall be an appeal from any order of Justices of the - PART m ~.

Peace made under the provisions hereinbefore contained, or from Appeal to L O C ~ ~ court

my conviction by Justices for any offence against this Act, or any madeby by

bylaw or regulation made thereunder, or any order dismissing any information under this Act, which appeal shall be to the Local Court of full jurisdiction nearest to the place where the conviction or order appealed from was made, and the proceedings on such appeal shall be conducted in manncr appointed by the said Ordinance No. 6 of

1850, or any Acts extending or amending the same, for appeals to

Local Courts, but the Local Court may make such order as to pay- ment of costs of appeal as such Court shall think fit, although such costs may exceed Ten Pounds.

215. I t shall be lawful for the Local Court, upon the hearing Local C o u ~ m a ~, on

appeal, state a case for

m y opinion of supre,

of appeal under the last preceding section, to state one or against or removed by certiorari or otherwise into the Supreme Court.

more special case or cases hr the opinion of the Suprcme Court, COu*.

and the Supreme Court shall hear and decide such special case

or cases according to the practice of the Supreme Court on special

cases; and the Supreme Court shall make such order as to the costs

of any such specid case as to the said Court shall appear just;

and any two or more Justices, or the Local Court, shall make

an order in respect of the matters referred to the Supreme Court,

in conformity with the certificate of the said Supremc Court,

or of any Judge thereof, which order of the Justices of the Peace

or Local Court shdl be enforced in manner provided by this Act

for the enforcement of orders of Justices of the Peace, and save

as herein provided, no order or proceeding of Justices, or of any

216. Thc Comnlissioner shall not, nor shall any member of any Commissioner and members of Board

Board, be subject to be prosecuted by any person for the exercise of , & ,

any of the powers conferred upon him by this Act, and the body, liable.

be liable to any execution of any legal process by reason of any	goods, or lands of the Commissioner, or any such member, shall not
contract or other instrument entered into by the Commissioner or any Board, or by reason of any other lawful act done by the Com- missioner or any Board, in the execution of any of their powers, and every ember of a Board, his heirs, executors, and adminis- trators shall be indemnified by the Board for all payments madc, or Liability incurred, in respect of any act done by him and of all losses, costs, and damages which he may incur in the bond $de
execution of the powers granted to him by this Act.

217. In any information to be preferred by any Board against Informations, how

anv person who shall steal or wilfully injure, and in any proceedings laid for stealing, t o.

to be instituted in relation to, any property or thing belonging to or

under the control of the Commissioner or any Board, it shall be

sufficient to state generally the property or thing in respect of which

such information shall be preferred, or proceeding instituted, to be

the property of the Commissioner or of such Board as the case may

require. 218. Any

4g0 & 50' VICTORIW, No. 392.

The Water Conservation Act .1886.

PABT XII. summons, b., 218. Any summons, notice, or writ, or other proceeding required

hov to be served upon any Board, may be served by the same being left

Board+ for or sent through the post office. directed to such Board, at their - -

principal office or usual 'place of meeting, or by being &ven person- ally to the Secretary of such Board, or in case there be no Secretary

at such principal office or usual place of meeting, then by being

given to any one member, and every letter containing such sum-

mons, or notice, or writ, shall be registered.

All actions com-

menced against mem-	219. All prosecutions for the recovery or infliction of pecuniary penalties, and all actions to be con~menced against the Commissioner or any Board, or the Chairman, or any member or officer of a Board,
bers, &C., muat be

commenced three months xhin ter

act committed, and	or against any other authorised persons for anything done or omitted
notice to be given.	to be done in pursuance of this Act, shall be commenced within three months after-the happening of the cause of prosecution or action, and not otherwise; and noticc in writing of any such action and of the cause thereof shall be given to the defendant one month at least before the commencement of the action, and the defendant in any such action may plead the general issue, and give this Act and the special matter in evidence at any trial; and the plaintiff shall not recover in such action if tender of sufficient amends shall be made before action brouqht, or if after action brought the defendant shall pay into Court sufficient amends; but in such last-mentioned case the plaintiff shall recover his costs of suit uy to the time of payment into Court; and if a verdict shall pass fbr the defendant, or the plaintiff become nonsuit, or discontinue, or the defendant otherwise recover judgment, he shall recover full costs as between attorney and client, and have his remedy for the same in the usual
way.

I n the name and on behalf of Her Majesty, I hereby a~ went to

this Bill.

WM. C. F. ROBINSON, Governor.

The Water Conservation A c t. 1 8 8 6.

--

SCHEDULES.

A.

Claim to have N a m e inserted in L i s t o f Ratepayers.

Claim of A. B., o f [insert the residence and calling of the claimant', to have his

name inserted on the Ratepayers' List of the Water District [insert name or num-

ber], in right of [insert description and situation of property-], f 9 so) being No.

in for omitted from, as the case muy be) the Ratepayers' List for the present year; or

being No. in the assessment, and omitted from the Ratepayers' List for the present year; or being omitted from the Ratepayers' List for the present year.

Dated the day of 18 .

[Signature of Clazmant.1

Objection to N a m e continuing in List cf Ratepayers.

Objection of C. D. [insert the residence and calling of the objector], to E. F., [insert

name and descriylion of E. R, aa entered on Ratepayers' L i s t ] having his name

retained on the Ratepayers' List of the Water District Linsert name or number], on the ground [shortly state tAe objection.] Dated the day of 18.

[Signature o f Objector, J

U.

F o r m of ~Vonzination.

Water District [itasert name o r number.]--Election for the$ue years ending

J u l y l s l, 18 .

Nomination.

I, A. B., of [insert name, residence, and calling, and No. on thd Ratepayers' R o l l ]

hereby propose, and I, C. D., [insert the like] hereby second, E. F., of [irtsert the

descr@tion of candidate], G. H., of [insert the like], and I. K., of [insert the like],

to be one (two, or three, as the case may be), members of the Board for the above

Water District.

[Signature of A. B.] [Signature o f C. D.]

I for we), consent to act if elected. [Signatures o f Candidates.]

C.

Form of Assessment Book.

Water District [insert I Ime or number], Assessment Book,

PART I.

De~ription of Property, i.e.,

whether- Asaessed Value-being

[a) Building6 and land occu- where property des!

pied therewith : Freehold &bed as (U) or ( b ) itr

h ) Land out~rde town lande : full wtimated )net

''lue

c Town lands unbuilt u p m. annual renrd on lease

id TOW. ~ m b 1 ~WIC. of if Property ofluurten p.n- (C)

not lesn than twenty

described us	o per cent on itshre-
acre6 not divided by	hold vslue - (4) 2 per

roa&'anduouaed o r w d (') Or (d)' cent. un it; irrekold

on1 for pastora~	or sgri. I	vduc.
Cu lLd purposes.

49O & 50' VICTORIW, No. 392.

The Water Conservation A c t. 1 8 8 6.

- -- -" -- --

PART rr.

'pecia1 Rate

Arrears of Rates Rste of in the in the pound,

brought forward pound, declared declared on

iron previous on th > - -

Aasesament Book. e l R a a y 1 the dayof

18 . / Total Rates Paid. Remarks.

-I l

Amount When Amount When I

Am,.

I Payable. Paid. Payable. Paid.

--p-

- " -

D.

Notice of Assessment.

Water District [insert name or number

names of the owners and occupiers, so far as known, of such property; and copies made an assessment of all ratable property within the above District, with the The Board of the Water District ? insert name o r number] have caused to be

Z	of the assessment have been made, and such copies are deposited at [here state where
the copies are deposited], and are open for inspection a t all reasonable times; and any person intending to appeal against the assessment may do so in manner required by The Water Conservation Act, 1886," within twenty-one days from the publica- tion of this notice in the Government Gazette.

Dated the day of , 18 .

(Signed) A. B., Chairman (or Secretary),

Notice of Assessment by adoption of previous Assessment.

Water District [insert name or numbekj Assessment made the day of 188 .

The Board of the Water District Linsert name or number] have caused to be made

an assessment of all ratable property within the said District by adopting the above-

mentioned assessment with, and subject to certain alterations (or additions) affecting

the properties or concerning the persons following, namely: -

No. in Aswssment Description of Property

Nlune of Occupiet. Name of Owner.

Book. (No. of Section or Allotment),

I

Copies of the assessment so altered for added to) are deposited at [here state

tohere the copies are deposited], and are open for inspection at all reasonable times.

Any person intending to appeal against the said assessment may do so in manner required by " The Water Conservation 9ct, 1886," within twenty-one days from the publication of this notice in the Government Gazette.

Dated the day of , 18 .

(Signed) A. B., Chairman (or Secretary.)

Notice

49" & 50' VICTORIE, No. 392.

A- - . .- -+- -

The Water Conservation Act.--1 88 6.

- ---

Notice of Alteration or Correction of, or Addit ion to, Assessment.

Water District LPizssrt name or number]

Assessment made the day of 18 .

The Board of the Water District [insert nameor num6erJ have caused an alteration (or correction, or addition, as t h ~ case may b p ) to be made in the above-mentioned assessment, and such alteration for cxrection or addition) affects the properties or concerns the persons following, namely :-

p -.

No. in Description of Property

Nsme of Occupier. Ndnle of Omwr.

Book, (No. of Section or Allotment).

.,

Copies of the assessment so altered corrected for added to) are deposited at [here state where the copies are deposited], and arc open for inspection at all reasonable

hours.

Any person intending to appeal against ~ u c h alteration (correction or addition)

may [to so in manner required by "The Water Conservation Act, 1886," within

twenty-one days from the publication of this notice in the Govermnent Gazette.

Dated the day of 18 .

/Si,yned/ A. B., Chairman for Secretary).

Notice of Appeal f r o m Assessment.

Sir-You are requested to take noticc that 1 appeal to the

(Board, or Local Court of full jurisdiction, at as the case may be),

against the assessment of my property, Section Assessment No. t

on the following grounds [here set for th grounds of appeal].

I am, Sir, your obedient servmt,

[Sy nu ture o f AppeZZmt.]

To the (Secretary of the Board of the Water District insert name or number] ;

or to the Secretary of Board of the Water District insert name or number1	E
and to the Clerk of the Local Court of

Notice of Appeal from the Decision of the Board. as the case may be).

, IS ,

To the Secretary of the Board of the Water District rinsert name or number], and

to the Clerk of the Local Court of

Take notice that I do hereby appeal to the Local Court of full jurisdiction, a t

, from the decision of the Board on my appeal thereto {or

on the appeal thereto of j against the assessment of my property for the

property of ), Section , Asse~srnent No., on the following

grounds [here s e t f i r t h grounds of	appeal].
I am, Sir, your obedient servant,

LSignature of Appellant. J

No*

The Water Conservation &.-l 886.

Notics ( f ir purpose of sale) of Rates in Arrears.

Water District [insert name or number]

There is now due, in respect of the land (or lands, as the case Gay be/ mentioned

in the Schedule hereto the sum for respective sums) set opposite to the description

of such land for lands) in the Schedule, for a rate /or rates) made /or declared) by

the Board of the Water District of [insert name o r nttrnl~er], for the year for years)

ending as in the said Schedule mentioned: and the owner for owners) of such land /or lands) is {or are) required to take notice that unless the amount for amounts) so due, together with the costs of and attending this notice, be paid in one year from the first publication of this notice, the said Board will let the same1 from year to year ixi manner provided by " The Water Conservation Act, 1886," or an application will

be made by the said Board to the Supreme Court for an order for the sale of the said

land (or lands), or so much thereof as may be necessary to produce the rates so due and costs as aforesaid, and also the cost of and attending the said application, together with the interest and a11 other moneys due to the said Board in respect thereof.

Dated this day of , 18 .

Chairman f oo. Secrctary),

The ~Ychcdzde.

-- -

Deecription of Land-

by numbers of Sections Name of Owner, or Number of Date of ending of last

and Names of Hundreds, gmoullt of

or numbers of Allotments Reputed Owner (or state if Years for which1 Year for which Rates

owner unknown). Rites in arrear. I

and names of Townships,

or other description. In *lTear+

1

- -

Adelaide : By authority, E. SPIL&BR, Government Printer, North-terrace.