Water Act of 1926 (17 Geo v No. 12) (Qld)

WATER. 88.1,2. 11733 17 GEO. V. No. 12,1926. Water Act. ~ ~ ~ ~ ~ - - - - ~ - - . WATER. An Act to Declare the Law relating to Rights in 17 Geo. V. Natural Waters; to make better Provision N~ : . for the Construction Control and Manage- WATER ACT " OF 1926 ment of Works of Water Conservation, . Water Supply, and Drainage; and for other' purposes incidental thereto and consequent thereon. [ASSENTED TO 27TH OCTOBER, 1926.] B E it enacted by the King's Most Excellent Majes y, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament. assembled, and by the authority of the same, as follows:- 1. This Act may be cited as " The Water Act Short title Of 1926," and is divided in Parts as follows: - and Parts of Act. PART I.-PRELIMINARY; PART H.-RIGHTS IN NATURAL WATERS; PART HI. -COMMISSIONER OF IRRIGATION AND WATER 'SUPPLY; PART IV.-WATER AND DRAINAGE AREAS; PART V.-CONSTITUTION OF WATER AND DRAINAGE BOARDS; PART VI. -PUBLIC WATERING PLACES; PART VII.-ARTESIAN WELLS; PART VIII. -INDIVIDUAL AND GROUP WATER SUPPLIES; PART IX.--GENERAL PROVISIONS. PART I.-·PRELIMINARY. PAR'l' 1.- PRELIMINAllY. 2. (1.) "The Rights in Water and Water COnS2rVa- Repeal. tion and Utilization Acts, 1910 to 1915,"* are repealed. The said Acts are hereinafter referred to as " the repealed Acts." (2.) All persons appointed, employed, or elected Savings. under the repealed Acts and holding office at the date. of the passing of this Act shall be deemed to have been appointed, employed, or elected under this Act. * 1 Geo. V. No. 25 and 6 Geo. V. No. 15, 8upra, pages 3578 and 7129.

11734 PART I. PRELIMINARY. s. 3. WATER. WaterAct. 17 GEO. V. No. 12, (3. Any Board constituted under the repealed Acts and in existence at the date of the passing of this Act shall be deemed to have been constituted under this Act. (4.) All Proclamations, Orders in Council, notifi- cations, regulations, and by-laws made under the repealed Acts and in force at the date of the passing of this Act shall be deemed to have been made under this Act. (5.) All licenses granted u.nder the repealed Acts and in force at the date of the passing of this Act shall be deemed to have been granted under this Act, subject to the provisions of section fifty-seven of this Act. (6.) Any matter or thing done under the authority of the repealed Acts shaM be deemed to have been duly done under the authority of this Act. Interpret~~ . 3. In this Act, unless the context otherwise indicates, tion. 'the following terms have the meanings set against them respectively, that is to say:- Area. "Area"-Any water conservation area, water supply area, irrigation area, drainage area, flood prevention area, artesian well area or sub-artesian well area or other area constituted under this Act ; Artesian well. "Artesian well" -An artesian well or bore, together with all works constructed or erected in connection therewith, from which the water flows naturally to the surface; Authorised officer. "Authorised officer" -An officer of the Commis- sioner or of a Board, as the case may be, authorised either generally or for any particular purpose under this Act; Bed. banks. " Bed" and "Banks," with reference to any watercourse or lake, means the land over which normally flows or which is normally covered by the water thereof, whether per- manently or intermittently, but does not include land from time to time temporarily covered by the flood waters of such water- course or lake, and abutting on or adjacent to such bed or banks. " Bed" means the relatively flat and "Banks" the relatively steep portions of the first-mentioned land; l

1926. WATER. WaterAct. s.3. 11735 PART 1. PRELIMINARY. " Board" -A Board constituted or deemed to BOJ,rd. have been constituted under this Act; " Commissioner"·-The Commissioner of Irrigation C~ill: appointed under "The Irrigation Act ofilllSsIOner. 1922"" and hereafter to be called "The Commissioner of Irrigation and Water Supply"; " Construct" includes provide, set up, erect, lay Construct. down, or place: the power or duty to con- struct includes the power or duty to maintain when constructed ; "Crown land "-Land vested in His Majesty Crown land. which is not for the time being dedicated to any public purpose or subject to any deed of grant, lease, contract, provision, or engage- ment made by or on behalf of His Majesty; "Daily penalty" -A penalty for each day on Daily which an offence is continued or repeated_penalty. (a) After notice has been given to the offender of the commission of the offence; or (b) After a conviction or order by any court; "Drainage" includes the draining of flood or Dra:inage; other waters of watercourses or lakes by ~ : ; ~ . age means of any work: and" drainage work" includes a work constructed or used for the said purposes ; " Lake" includes a lagoon, swamp, or marsh, or Lake. other natural collection of water, whether permanent or temporary, not being water contained in an artificial work; " Machinery "-Any machinery, apparatus, or Machinery. appliance for carrying into effect any of the objects authorised by this Act, as the case may require; " Minister" -The Minister for the time being Minister. charged with the administration of this Act; " Occupier" -The person in actual occupation of Occupier. any land or, if there is no person in actual occupation, the person entitled to possession of the land; * 13 Geo. V. No. 29, supra, page 10218. N

11736 PART 1.- PRELIMINARY. s.3. WATER. WaterAct. 17 GEO. V. No. 12, Order in Council. Owner. Person. Pipe. Prescribed. Ratepayer. Sp.ttug. Sub-artesian well. Swamp land. This Act. Under- taking. Wat'3r. coursG. "Order in Council" or "Order"-An Order in Council made or purporting to be made or deemed to have been made under or for the purposes of this Act ; " Owner" -The person who for the time being is entitled to receive the rent of any land, either on his own account or on account of some other person, or who would be entitled to receive the rent if the land were let at a rent; " Person" includes any company, corporation, firm, association, syndicate, and partnership; "Pipe"-A main, main-pipe, stopcock, water- cock, syphon, plug, branch, or other apparatus used for or in connection with water; " Prescribed "-Prescribed by this Act; " Ratepayer"-A person named in the books of a Board as a person liable to pay rates; " Spring" -Any spring of water naturally rising to and flowing over the surface of the land ; " Sub-artesian well "-A sub-artesian well or bore, together with all works constructed or erected in connection therewith, from which the water does not flow naturally to the surface but has to be raised by pumping or other artificial means; "Swamp land "-Land that is from natural causes covered with water or the soil whereof is usually saturated with water so as to be unfit for culture; "This Act "-This Act and all orders, regulations, and by-laws made thereunder; "Undertaking" includes the machinery, works, and operations necessary and incidental to the carrying into effect the objects of the Commissioner or of a Board ; "Watercourse" -A river, stream, or creek (at every place where such river, stream, or creek is not subject to tidal influence) in which water flows in a natural channel either permanently, intermittently, or occasionally;

1926. WATER. WaterAct. s. 4. 11737 PART 1.- PRELIMINARY. "Works"-Works for the conservation, supply, Works. and utilization of water and the drainage of any lands and the prevention of floods, together with all sources of supply, streams, artesian wells, sub-artesian wells, reservoirs, dams, levee banks, locks, weirs, flumes~ canals, races, drain ofitakes, channels (whether arti- ficial channels or natural channels artificially improved), bridges, cuttings, tunnels, build- ings, machinery, pipes, and other works constructed or erected for the purposes of this Act, and all appurtenances to the same and all lands reserved, occupied, held, or used in connection with works. n. PART -RIGHTS IN NATURAL WATERS. PAlIT II.- RIGHTS IN NATURAL WATERS. 4. (1.) The right to the use and flow, and to the Natural control of the water at any time in- waters vest in Crown. (a) All watercourses, lakes, and springs which flow through or past, or are situated within the land of two or more occupiers; (b) Any artesian well; (c) Any sub-artesian well and any other sub- terranean source of supply; shall, subject only to the restrictions hereinafter pro- vided, or until appropriated under the sanction of this Act or of some other Act, vest in the Crown. In the exercise of the said right, the Commissioner, as the authorised officer of the Crown, by his officers and servants, may enter any land and take such measures as may be thought fit or as may be prescribed for the conservation and supply of such water as aforesaid and its more equal distribution and beneficial use, and its protection from pollution, and for preventing the unauthorised obstruction of watercourses. (2.) The said right shall be subject to the following restrictions: - (a) It shall not be exercised to the prejudice of any right conferred on and lawfully exercisable by any person or Board by or under an authority given by any Act of Parliament or of any license granted by the Crown;

11738 ss. 5-7. WATER. PART II.- RIGHTS IN . NATURAL WATERS. lYater Act. 17 GEO. V. No. 12, (b) It shall be subject to the rights hereinafter mentioned of the owners or occupiers of land on the banks of watercourses, lakes, and sprmgs; (c) It shall be subject to the rights of the holders of licenses granted under this Act. ~ edkand 5. (1.) Where a watercourse or lake forms the w~ ~ e: c~ ~ rses boundary wholly or in part of a parcel of land alienated and lakes by the Crown:- not alienated. (a) Before the pasRing of this Act, the bed and banks thereof shall be deemed to have re- mained and shall be and remain the property of the Crown, and shall be deemed not to have passed with the land so alienated, and shall vest in the Commissioner; (b) After the passing of this Act, the bed and banks thereof shall, notwithstanding such alienation, be and remain the property of the Crown, and shall not pass with the land so alienated, and shall vest in the Commissioner. (2.) The provisions of this section shall apply notwithstanding that one and the same person at any time has been or is the owner of all the lands adjacent to the bed or banks of any watercourse or lake. Diversions 6. Except under the sanction of this Act or of cpfrorooumrhsiebwsia, tte&d 'C er . . , asonmy ewoattheerr f Arocmt, naonypewrastoenrcoshuarslle, dIiavkeer,t oor r sapprmp. rgo,prsiaavtee except under in the exercise of the general right of all persons to sleagnacltion. use water for domes' tlC purposes and ordI' nary use and for watering stock from any watercourse lake or spring vested in the Crown and to· which there is access by a public road or reserve. Owner of 7. Notwithstanding anything in this Act con- aladnjdacent to tained- watercourse to have access for (a) The owner or occupier for the time being of any land adjacent to any watercourse or grazing and remedy for trespass. lake, the bed and banks whereof are by this Act declared to be the property of the Crown, shall have like acce3S for himself, his family, and servants, and for his stock to the part of such bed or bank to which

1926. WATBR. ss. 8, 9. 11739 WaterAct. PART II.- RIGHTS IN NATURAL WATERS. such land is adjacent, and the like use of such part for the grazing of stock as if this Act had not been passed, provided that such part has not been actually appropriated by or under the sanction of the Crown for any of the purposes of this Act; and (b) Such owner or occupier may have and pursue against any person trespassing upon such part any remedy for such trespass which such owner or occupier might have· had and pursued as if this Act had not been passed, and as if such person were a trespasser upon land in the possession of such owner or OCCUPIer; but save for the access and use aforesaid, this section shall not be deemed to restrict the right of the Crown to pursue any remedy against any person trespassing upon such bed or bank, nor to entitle such owner or occupier to have or pursue any remedy for trespass against the Crown or a Board or any person acting under the sanction of the Crown or a Board. 8. No right to take and divert water from any Presumption wa t ercourse or 1ak e f or use on any 1and a dJ· acen t t 0 loefnggrtahnot fbuyse the banks thereof shall be acquired by any owner or annulled. occupier of such land, by length of use or otherwise excepting as herein provided; and no right to the permanent diversion or to the exclusive use of such water shall be acquired by any person whomsoever by length of use or otherwise excepting as herein provided. 9. Every owner or occupier of land abutting on the < ? rdir~ . ary bank of a watercourse, lake, or spring shall, in respect of ~ ~ ~ ~ ~ ~ an such ownership or occupation, have the right to use the defined. water then being in such watercourse, lake, or spring, for domestic purposes and for watering stock or for watering any horticultural or agricultural garden not exceeding one acre in extent provided such garden is used solely in connection with a dwelling-house and not for market purposes, and it shall not be necessary for such owner or occupier to apply for or obtain a license in the exercise of that right, but that right shall not include the authority to construct any works on or within the banks of such watercourse, lake, or spring.

11740 ss. 10-12. WATER. PART II.- RIGHTS IN NATURAL WATERS. WaterAct. 17 GEO. V. No. 12, Rights of 10. The right of the owner or occupier of any oowccnuepriserosr of work- wor\<s. (a) To use the work for the purpose of water conservation, irrigation, water supply, or drainage, or of the prevention of flooding of land by water, or of changing the course of a watercourse; or (b) To take, use, or dispose of the water contained therein or conserved or obtained thereby; shall be subject to the provisions of this Act. Certain 11. Any owner or occupier of land whereon any work oriwpnareirasnmay is constructed or used or is proposed to be constructed apply for or used for the purpose of water conservation, irrigation, ldiicveenrstesantod water supply, or drainage, or of the prevention of use water floodjng of land by water, or of changing the course acnodnstruct of a watercourse, shall make application in writing to works. the Commissioner for a license to construct and use the said work, and to take, use, and dispose of (either for his own use or for the use of occupiers of lands in the neighbourhood of the site or proposed site of the work) the water contained therein or conserved or obtained thereby. Application 12. (1.) Every application for a license shall be for licenses. in the form prescribed, and whenever the work for which a license is applied for affects, or is deemed to affect, the interests of persons other than the applicant, or whenever in the opinion of the Commissioner plans and sections of the proposed work are necessary, such plans and sections and also such other plans, sections, and information as the Commissioner deems to be necessary must be furnished by the applicant before the application is dealt with. Notice to be (2.) The Commissioner shall cause notice of every published. such application to be published in the Gazette and in at least one issue of a newspaper circulating generally in the neighbourhood of the land, and shall appoint a time, not more than sixty days from the date of the first of such advertisements, within which objections to such application may be received. Objections. (3.) Within the time limited as aforesaid any owner or occupier of land contiguous to such watercourse, lake, or spring, and situated within a distance of five miles of the land of the applicant, may, in writing signed

WATER. s.13. 11741 PART II.- 1926. WaterAct. RIGHTS IN NATURAL WATERS. by him and addressed to the Commissioner, object to such application being granted,. and submit to the Commissioner the grounds of such objection. (4.) The Commissioner, after such inquiry into the Inquiry. subject-matter of the application and of any objection thereto as he may think proper to direct, may either refuse the application or cause to be issued to the appli- cant a license in respect of the land and use of the water specified in the application or of so much of such land and water as he thinks fit. The person holding any such inquiry shall have the powers of a commission under "The Official Inquiries Evidence Act of 1910."* If the applicant or any objector is dissatisfied with the decision of the Commissioner, either party may, within thirty days after the date of such decision, appeal to the Minister against such decision, and tile decision of the Minister shall be final. (5.) The license if granted shall be in the form Issue of prescribed, and shall be subject to such terms, limita- licenses. tions, and conditions as the Commissioner may determine or consider expedient: Provided that a license shall be issued only upon payment of the prescribed fee. (6. ) No license shall be issued for a longer term than Period of ten years, and may be renewed by the Commissioner from licenses. I time to time on the application of the person holding the license on the payment of the prescribed fee: Provided that no renewal shall be for a longer period than ten years. (7.) Except in cases where a single license fee may Extent of be paid for combined works, .I, separate application for a license. license may be required in I'('spect of each work; and the determination as to what work may be included in each license shall rest with the Commissioner. (8.) A license shall be deemed to be held by and Benefit of shall operate and enure for the benefit of the lawful license. occupier for the time being of the land whereon the work is constructed or proposed to be constructed. 13. If two or more owners or occupiers desire to Applicathl construct or use any work to which this Act extends, by two o' they may apply for a license in the manner prescribed : ~ ~ pierB. for a single owner or occupier, and such application shall * I Geo. V. No. 26, supra, page 748.

11742 ss. 14, 15. WATER. PAUT !I.- RIGHTS IN NATURAL WATERS. WaterAct. 17 GEO. V. No. 12, be dealt with in the same manner as if it were the application of a single occupier. Rights of holder of license. 14. Subject to this Act, the person holding a license in respect of any work shall have, during his lawful occupation of the work but so far only as the said work is constructed or maintained on the land occupied by him~ the quiet enjoyment and the sole and exclusive use of the work as against all other persons whomsoever, and shall be entitled to take, use, and dispose of the water contained therein or obtained or conserved thereby, subject, however, to the proviso next herein- after contained: Provided that- (a) The Commissioner may call upon the holder of any license to enter into an agreement with the owner or occupier of any land capable of being supplied with water from the work. for a supply of water upon such terms and conditions as may be agreed upon between the parties, or failing such agreement, upon such terms and conditions as to construction and maintenance of the necessary works and the payment to be made for such water as the Commissioner may by further notice served on the holder of the license think fit to make; and any such notice shall have the same effect as if it were an agreement duly made between the parties and be enforceable accordingly; (b) Any person who fails to comply with the terms and conditions of any notice under this section shall be liable to a penalty not exceeding one hundred pounds and a further daily penalty not exceeding ten pounds; (c) If the holder of the license is dissatisfied with the provisions of such notice he may, within thirty days of the date of such notice, appeal to the Min:ster, and the decision of the Minister shall be final. a i l n ' letneliracaiettniyosenfodsr altera 1 t 5 io . n ( s 1.) otDheurrinthganthreepcauirrsrenocr yalotef raatnioynslicneencseessanroy ctwiooonnrtkroaofvren- faocrcotuhnet mofaiannteynasnucdedeonf tohre uwnfoorrkesienengoeomderogrednecryosrhaolnl licenses. . be made in or in connection with the work:

WATER. ss. 16, 17. 11743 1926. WaterAct. Provided that written notice of any works proposed to be done under this section shall be given to the Commissioner at least seven days before the same are commenced. PART H.- RIGHTS IN NATURAL WATERS. (2.) Any person who contravenes this section or contravenes or fails to carry out any conditions of any license shall be liable to a penalty not exceeding fifty pounds and a further daily penalty not exceeding five pounds; and in addition to the imposition of the said penalty the license may, by notice in the Gazette, be cancelled and annulled by the Commissioner. 16. The holder of any license may, during the Alterations currency thereof, apply for an amended license allowing in l~enBed alterations in the work, and any such application shall : ' : p; : ~ ~ed. be dealt with as herein provided in respect of applications for a license in the first instance. PART IlL-COMMISSIONER OF IRRIGATION AND WATER SUPPLY. PABT HI.- COMMISSIONER OF IRRIGATION . 17. (1.) The name of the Corporation created by ANSU: t:~ R section four of "The Irrigation Act of 1922"* shall after the passing of this Act be changed from "The Commis- sioner of Irrigation" to " The Commissioner of Irrigation and Water Supply," and the definition of "Commis- sioner" in section two and section four of the said Act shall be amended by the insertion after the word "Irrigation" of the words" and Water Supply." (2.) This Act shall be administered by the Minister, and Ad~inis. under the Minister the Commissioner is hereby authorised: ~ ~ ! 11~ tOf and empowered to carry out the provisions of this Act. generally. (3~ ) The Commissioner shall have and may exercise the powers conferred expressly by this Act and the powers conferred upon him by "The Irrigation Act 0/ 1922"*; moreover the Commissioner shall have and be charged with all the powers, privileges, and duties of the permanent head of a department. (4.) The provisions of "The Public Service Act 0/ 1922 "t or of "The Public Service Superannuation Act 0/ 1912,"t or of any amendments of the said Acts shall not apply to the Commissioner or to any officer or employee of the Commissioner: * 13 Geo. V. No. 29, supra, page 10218. t 13 Geo. V. No. 31, supra, page 10159. :j: 3 Geo. V. No. 28, supra, page 5696.

11744 s. 18. WATER. PARTIII.- CoMMISSIONER Ol!' IRRIGATION Water Act. 17 GEO. V. No. 12, AND WATER - - - - - - - - - - - - - - - - - - - - - - - - SUPPLY. Provided that any rights which have accrued to a.ny transferred officer or employee of the Water Supply Department under the aforesaid Acts shall be preserved to such officer or employee up to the date of his transfer or appointment by the Commissioner. Any transferred officer or employee may elect to continue contributing to the Superannuation Fund, and if so, such officer or employee shall be entitled to receive any payment, pension, or gratuity from such Fund as if he were an officer within the meaning of the said Ach!. (5.) For the purposes of this Act and for the carrying out of any work of water conservation, water supply, irrigation, drainage of swamp lands, prevention of floods, • control of flood waters, or sinking an artesian or sub- artesian well, or any other purpose, the provisions of "The Irrigation Act 01 1922"* and any amendment thereof, in so far as the same are applicable, shall apply. Provisions al!! to business (6.) The provisions set forth in Part 1. of the of Corn- Schedule to this Act shall be applicable to the business, missioner. property, works, and undertakings of the Commissioner. Schedule. Part 1. Any of the provisions of the said Part 1. of the said Schedule may from time to time be altm ed or added to by the Governor in Council by an Order, and the said Part 1. as so altered or added to shall thereupon become Part 1. of the Schedule to this Act. A copy of all such alterations or additions shall be laid before the Legislative Assembly within fourteen days from the publication thereof, if the Legislative Assembly is then sitting; and if not then sitting, then within fourteen days from the commencement of the next PART IV.- session thereof. WATER AND DRAINAGE AREAS. PART IV.-W ATER AND DRAINAGE AREAS. Constitution 18. The Governor in Council may from time to o 8 f ndwdartaeirnage. t' Ime b y 0 r · d er I . n C ounm '1 I . n respec t 0 f any wor k s 0 f - &0•• areas. (a) Water conservation; (b) Water supply; (c) Irrigation; . (d) Drainage ; (e) Sewerage; (f) Prevention of floods; (g) Control of flood waters; '" 13 Geo. V. No. 29, supra, page 10218.

1926. WATER. a.19. 11745 WaterAct. PART IV.- WATER AND DRAINAGE AREAS. (h) Sinking a new artesian or sub-artesian well; or (i) Acquiring any existing artesian or sub-artesian well-. (i.) Constitute any defined part of Queensland a water area under such name as may be directed by the Order in Council ; (ii.) Unite two or more areas as one area; (iii.) Divide an area into two or more areas; (iv.) Alter or amend the boundaries of any area by the addition thereto of any land that has not theretofore formed part of an area; (v.) Alter or amend the boundaries of any area so as to exclude therefrom any part or parts of the area; ~ vi. ) Abolish an area; (vii.) Give any necessary directions for adjusting the rights of any Boards affected by any Order in Council; (viii.) Constitute a Board for any specified area. 19. (1.) Before the constitution of any area the Notice of Commissioner shall notify, in the Ga;,ette and in some ~ ~ ~ ~ ~ ~ ~ \ : o newspaper circulating in the district affected, proposals areas. for the construction or acquisition of any works and the ·constitut.ion of a Board for maintaining, administering, and extending such works; and any objections to such works must be lodged with the Commissioner within sixty days after the date of such notification. (2.) Any such proposal shall contain- ~ a) A description of the purpose for which it IS proposed to constitute the area; (b) A description of the boundaries of the area; (c) A plan and description of the works and of the land, whether covered with water or not, proposed to be taken or acquired for the purpose of such works; (d) The estimated cost of the works; (e) The number of years within which the cost of the works shall be extinguished by a sinking fund; (/) The number of members of the Board, and the mode of constitution of the Board;

11746 PART IV.- WATER AND DRAINAGE AREAS. ss. 20-23. WATER. WaterAct. 17 GEO. V. No. 12, (g) Such provisions as according to the nature and circumstances of each scheme the Commissioner considers fit. Obje?tion.s 20. If within sixty days after such notification and mqUIry . any 0 bJ· ect·IOn t 0 the proposa1 I.S rece.Ived, the CommI. s- sioner may cause such inquiry to be made into any such objection as he thinks fit. Constitution 21. (1.) If within the said period no objection of area. is received, or if after inquiring into any objection the report of the Commissioner is favourable to the proposal, the Governor in Council may constitute the area a.nd approve of the proposal with such amplifica- tions or modifications as the Commissioner may recom- mend as the result of such inquiry. (2.) The constitution of the area shall be notified by the Commissioner in the Gazette. Construction of works. (3.) Thereupon the Commissioner, with the approval of the Minister, may carry out the works described in the approved proposal. Loans to Board. 22. (1.) Subject to this Act and to the appropriation of funds by Parliament for the purpose, the Commissioner may construct any works which the Board is authorised to construct, or advance to the Board such sums of money required for the construction of any works which under this Act the Board may be authorised to construct. The amounts of any such expenditure or advance shall be a loan to the Board. (2.) Every such loan shall be for a period not exceed- ing thirty years from the date of the first expenditure or advance in respect thereof, and shall bear interest at such rate (not exceeding six per centum) as may be determined by the Governor in Council, and shall be liquidated by the payment to the Treasurer by the Board at such time and in such manner as the Governor in Council may direct of such sums as will liquidate the loan with interest as aforesaid within the period fixed for the loan, and all such sums shall continue to be payable until the total amount of the said loan, together with the interest accruing thereon, has been so paid. Boar~ t o , 23. The Board shall pay to the Treasurer interest pay Intere•.. on moneys actually expended or advanced by the

1926. WATER. WaterAct. s. 24, 25. 11747 PART IV.- WATER AND DRAINAGE AREAS, Commissioner on behalf of or to the Board, calculated at the rate fixed by the Governor in Council; and the interest payable thereon shall be paid to the Treasurer within thirty days after the thirtieth day of June in each year upon such actual cost and be chargeable to the Board from the date on which the works are gazetted as completed or partially constructed under the next two succeeding sections: Provided that in every case where a specific amount has been advanced to the Board as a loan, interest shall run from the date of such advance. 24. The completion of any works in respect of which Transfer to an area is constituted shall be notified by the Commis- Board. sioner in the Gazette, and thereupon the Board shall take over the same and the control, administration, and management thereof upon the terms and conditions set forth in the Order in Council constituting the area, or any subsequent Order modifying the same, and the Board shall exercise all the powers contained in this Act except such as are conferred solely on the Commissioner, and the interest and charges payable by the Board shall thereupon commence to run: Provided that the cost of such works may be determined by the Commissioner and notified in the Gazette at any time after the work has been completed. . 25. Whenever any work in respect of which an area Transfer of is constituted is in the opinion of the Commissioner so cwoomrksp}enteodt. far constructed as to be of use to the Board, that fact may be notified in the Gazette, and thereupon the Board shall take over the same and the control, administration, and management thereof upon the terms and conditions set forth in the Order in Council constituting the area, or any subsequent Order modifying the same, and the Board shall pay interest, as hereinafter prescribed, on the moneys expended by the Commissioner on such works, and shall exercise all the powers and discharge all the duties conferred and imposed by this Act in respect of works completed and taken over by a Board, except such powers as are conferred solely on the Commissioner; such interest shall be payable from the date of the Gazette notification under this section to the date of the Gazette notification under the last preceding section.

11748 S.26. PARTV.- CONSTITUTION OF BOARDS. WATER. Water Aet. 17 GEO. V. No. ]2, PART V. --CONSTITUTION OF BOARDS. Constitution 26. (1.) A Board may be constituted in such one of Board. of the following modes as the Governor in Council from time to time directs:- (a) By the appointment of a Local Authority to be the Board; (b) By the appointment of the members of the Board by the Governor in Council ; (c) By the election of the members of the Board by the ratepayers within the area; (d) By the election as aforesaid of some members and the appointment as aforesaid of other members of the Board. (2.) A person resident within the area shall be qualified to be a member of the Board and shall be so qualified, notwithstanding that such person is not a, ratepayer. (3.) When the members of a Board are to be elected, the Order in Council constituting the area shall declare the time and mode of election and the number of votes, not exceeding three, to which each ratepayer shall be entitled, and make provision for the filling up of vacancies, and for all other matters and things incidental to the office of member. (4.) Subject to this Act, a member of a Board shall hold office for a period of three years, and shall also hold office until his successor is appointed or elected. (5.) If at any election a sufficient number of members is not elected, the Governor in Council may appoint· a, member or members to fill the place or places of the member or members who ought to have been elected. Any member so appointed shall hold office for the period for which the member who ought to have been elected would have held office. (6.) Every Board shall be a body corporate with perpetual succession and a common seal, and shall under its corporate name be capable in law of suing and being sued and of doing and suffering all such other acts and things as corporations may by law do and suffer. A change in the mode of the constitution of a, Board shall not affect its continuity as a body corporate.

1926. WATER. WaterAct. ss. 27, 28. 11749 PARTV.- CONSTITUTION OF BOARDS. 27. (I.) The Board shall be charged with the duty Po~ er8 and of maI.nt am. I.ng and admI.nI.Ster'mg the works mentl'Oned dBuotaIerds.of in the Order in Council constituting the area; and shall have and perform the following duties and powers:- (a) Maintain in a state of efficiency the works under its control or charge; (b) Fix and levy rates as provided by this Act; (c) Pay to the Treasurer, at such times as may be fixed by Order in Council, all moneys payable to him by jt ; (d) Make provision out of general revenues for such annual sum as the Commissioner may, by notice, direct to be set aside for the purpose of effecting renewals or extensions of such works. (2.) The provisions set forth in Part Ill. of the Schedule, Schedule to this Act shall be applicable to a Board. Any Part Ill. of such provisions may from time to time be altered or added to by the Governor in Council by an Order, and the said Part of the mid Schedule as so altered or added to shall thereupon become Part Ill. of the Schedule to this Act. A copy of all such alterations or additions shall be la~ d be10re the Legislatjve Assembly within four- teen days from the publication thereof, if the Legislative Assembly is then sitting; and if not then sitting, then within fourteen days from the commencement of the next session thereof. 28. (1.) The Board may and shall from time to Power to time make and levy rates upon the lands comprised levy rates. within the area for the purpose of raising an amount sufficient to make any payment to the Treasurer for principal moneys or interest or rent or any other pay- ment required to be made by law together with all costs, charges, and expenses in and about the maintenance, repair, management, and control ofthe works constructed by it or placed under its control under this Act and in and about the management of the business of the Board and the administration of this Act. (2.) Every such rate shall be apportioned upon the Valuation. several lands comprised within the area in proportion to the amount of benefit (whether directly or indirectly) which it appears by a valuation that the said lands respectively derive.

11750 s.29. PARTV.- CONSTITUTION OF BOARDS. WATER. WaterAct. 17 GEO. V. No. 12, Appeal. The Board shall cause to be made a valuation of the amount of benefit as aforesaid which the several lands comprised within the area derive, and in such valuation consideration shall be given ,,,here necessary to the fact that some portion of the lands of an owner or occupier derives more benefit than another portion or other portions of the same land, and the benefit shall be valued accordingly. All rates made by the Board shall be made upon such valuation and every such valuation shall remain in force until a fresh valuation of the lands has been made. Notice of every valuation and of the amount thereof shall be given in each year and before any rate is levied by the Board for that year to the occupier of the land. Such notice shall also state that the owner, occupier, or mortgagee of the land" may appeal against any valuation upon giving notice of his intention so to do to the Board within one month after service of the notice and not less than seven days before the appeal is to be heard. (3.) If any person thinks himself aggrieved on the ground of error in the amount of the valuation with respect to the land whereof he is owner, occupier, or mortgagee, or any other land, he may appeal therefrom to a police magistrate, and such police magistrate shall hear and determine the matter, and may confirm or increase or reduce the amount of such valuation, and his decision shall be final upon all questions of fact determined by him : Provided that in the event of any person appealing against the valuation of another person's land, he shall give notice of the appeal to the occupier thereof as well as to the Board. Professional costs shall not be allowed on any appeal under this section, but expenses for any witness or witnesses may be allowed to such extent as the police magistrate may deem expedient. Basis of lating. 29. The rate to be fixed by the Board in respect of each of the several lands comprised in the area may be calculated upon one basis in connection with the supply of water for one purpose, and upon another basis or other bases in connection with the supply of water for

1926. WATER. . WaterAct. s.30. 11751 PARTV.- CONSTITUTION OF BOARDS. another purpose or other purposes, and without limiting the effect of the foregoing provisions. such rates may be as follows ;- (a) In connection with the supply of water for stock purposes, a rate per acre of the land benefited by the works, and the rate may vary in proportion to the amount of benefit received; (b) In connection with the supply of water for domestic purposes, a rate for each separate tenement in the area, and the rate may vary in proportion to the amount of benefit received; (c) In the case of irrigation, a rate per acre on the whole of the land within the area or such part thereof as in the opinion of the Board is capable of being iriigated, and the. rate may vary according to the benefit received; (d) In the case of drainage or works for the pre- vention of floods or the control of flood waters, a rate per acre of the land benefited by the works, and the rate may vary according to the distance of land from drains or works for the prevention of floods or the control of flood waters, and in proportion to the benefit received; (e) In all cases not otherwise in this section expressly provided for, a rate per acre of the land benefited, directly or indirectly, by the works shall be fixed yearly and shall, as far as practicable,be in proportion to the benefit received; (f) In the case of a supply for more than one purpose, separate rates may be fixed, calcu- lated on the basis set out for each such purpose. 30. (1.). The Board shall submit to the Commissioner Approval, particulars of the rates proposed to be made and leviedg c. , b:y by it under the foregoing provisions and of the respective Si~ ~: . lS. amounts of such rates, and no such rates shall .be made or levied until the Commissioner has signified to the Board in writing his approval of such rates: Provided that if in the opinion of the Commissioner the rates proposed to be made and levied by the Board as appear by such particulars are insufficient in amount o

11752 s.31. PARTV.- CONSTITUTION OF BOARDS. WATER. WaterAct. 17 GEO. V. No. 12, Notice of rates. for the purpose of raising the sums of money necessary to enable the Board during the period for which the rates are to be levied to carry on its operations and fulfil its obligations, the Commissioner may by notice in writing to the Board direct the Board to make and levy rates to an amount which the Commissioner deems sufficient, and the Board shall forthwith amend the amount of such rates in accordance with the direction of the Commis- sioner, and such amended rates shall become the rates fO:r such period. (2.) Forthwith after a rate has been made, the Board shall cause to be given to the owner or occupier who is liable to pay such rate a notice containing par- ticulars in writing of the rate made and to be collected in respect of such lands, the time allowed for paying the rate, and the consequence of not paying the same within such time. Rate book~ . 31. (1.) The Board shall provide a book to be called the "rate book," in which shall be fairly transcribed particulars of all rates made by the Board; every such rate book shall be signed by the chairman of the Board or any two members thereof. (2.) The rate book shall be open for inspection by any ratepayer without payment of any fee at any reason- able time during office hours. (3.) The Board may from time to time amend any rate book by inserting therein the name of any person claiming and entitled or liable to have his name inserted therein as owner or occupier, or by inserting the name of any person who ought to have been rated, or by striking out the name of any person who ought not to have been rated, or by raising or reducing the sum at which any person has been rated if such persoll. has been under- rated or over-rated, or by making such other amendment as will make the rate conformable to this Act; no such amendment shall be held to avoid a rate; but no alteration or amendment in the rate book shall be valid unless it is initialled by the chairman at a meeting of the Board at which the alteration or amendment is made, with the date of such alteration or amendment. (4.) Notice of any such alteration or amendment shall be sent to the person concerned, who shall have the same right to appeal against it as he would have against any rate made by the Board.

1926. WATER. WaterAct. s.32. 11758 PARTV.- CONSTIT1TTION OF BOARDS. All lands within an area are rateable for the purposfs What lands of th I ' S ACtextcep - e x e m pratets. from (a) Crown land which is unoccupied or is used for public .purposes ; (b) Land in the occupation of the Crown; but this shall not be held to include lands rented by the Crown from any person; (c) Land vested in or in the occupation of the Board or the Commissioner and not the subject of a lease by the Board or the Com- missioner: Provided that where any land is vested in or under the control of the Board or the Commissioner, and is in the occupa- tion of any person (except the Board or the Commissioner), and the Board or the Commissioner derives a benefit from such occupation, such land shall, whilst such occupation continues, be rateable land within the meaning of this Act. 32. (1.) The amount of any rates made and levied Rates tuhnedeOrCtChUips.IeAr c 0 tf sthhaell I abnedpraaytaebdl. e in the first instance by opcaycuabp.Ileer. by (2.) The amount of such rates may, at the option of the Board, be recovered from the owner of the land rated. (3.) All rates and any interest due thereon shall Rates a first be and remain a first charge upon the lands, together charge with any improvements and crops for the time being thereon, in 'respect of which they are made and levied in priority to any mortgage, charge, or encumbrance whatsoever, and notwithstanding any change that may take place in ownership or occupancy of the lands, and may be recovered from and shall bind the occupier of the land for the time being: Provided that, if the land in respect to which the rates are due is mortgaged to the Corporation of the Agricultural Bank created by " 'The Agricultural Bank Act 0/ 1923,"* the first charge upon the land in favour of the Board shall, as against the said Corporation, be limited to the amount of one year's arrears of rates and interest thereon till paid or recovered. * 14 Geo. V. No. 41, supra, page 10443.

11754 ss. 33-36. PARTV.- CONSTITUTION OF BOARDS. WATER. WaterAct. 17 GEO. V. No. 12, crlahtetaecrsogveaesnrdfyorof by o(r4u. ) ndAelrl trhaitsesAcatnmd aayllbechraercgoevserfeodr inwaatneyr cimouprotseodf wabr. competent jurisdiction. (5.) A Board may, after due notice of its intention so to do, refuse to supply water to any person by whom any money is due to the Board in respect of rates or charges for water supplied under this Act. flRaroanmtdinhCgerloodnwn. sectio 3 n 3. th ( r 1 e . e ) Nofotswecitthiosntanthdiirntyg- twthoe, nporovaimsioounns t odfuesufobr- rates on Crown lands shall remain a charge upon such lands after surrender or forfeiture to the Crown save as provided in section thirty-four of this Act. (2.) Land selected or otherwise acquired under lease or license from the Crown shall become ra; ~ eable land on and after the date on which occupancy takes place or from the date of issue of the license to occupy, whichever is the earlier. . Forfeiture or 34. Notwithstanding anything contained in section shuorldreinngd.er of one hundred and twenty-four of "The Land Act of 1910,"* when a holding under that Act is forfeited or wholly or in part surrendered, any moneys that are received by the Crown from an incoming selector, lessee, or purchaser in respect of improvements upon the land shall, after deducting what is due to the Crown, be held by the Crown for the purpose of satisfying the amount of any rates due and in arrear in respect of the land at the date of forfeiture or surrender, and the amount of such rates shall to the extent of such moneys be paid to the Board concerned, and in such case the balance only, if any, shall be paid to the late lessee or selector. Rates to carry interest. 35. When any rates are unpaid after the same become due and payable, such rates shall thereafter bear interest at the rate to be fixed by the Board but of not more than ten per centum per annum, calculated at simple interest, and such interest shall be recoverable in the same manner as rates are recoverable under this Act. Who 36. (1.) Subject to this Act the owners or occupiers epnritmItlaerdilyto of lands within the area shall alone be entitled to the water. supply of water. * 1 Geo. v. No. 15, .sUpra, page 8775.

1926. WATER. WaterAct. ss. 37, 38. 117&5 PARTV.- CONSTITUTION' OF BOARDS. (2.) When an area has any surplus water, which is not required for the purposes for which the area was constituted, the Board may sell such water, by measure or otherwise, to any ratepayer for any other purpose, or the Board may sell such water to any persons whose lands are not within the area, upon such terms and conditions as the Board thinks fit, subject to the approval of the Commissioner. 37. (1.) If at any time the supply of water at the Where disposal of the Board is, in its opinion, insufficient to su~ pIY of afford to all users or consumers the supplies which they : ~ u% cient, taoresruecs h peucstievreslyorenctoitnlseudmtoerrsecseuicvhe, tahmeoBuonatsrd 0 m f a . wyadteelrivaesr s pB u roo p apr p 1od Y rttioon- are then at its disposal, in quantities proportional f. llb. ~ : thout. to the quantities which such users or consumers would, la 11 y. if sufficient water had been available, have respectively been entitled to receive, and such users or consumers shall be rated or charged accordingly. (2. ) Nothing in this Act shall be deemed to render it obligatory on the Board to supply water to any area or person if by reason of drought, accident, or other cause the Board is of opinion that it is impracticable to do so. (3.) No action, claim, demand, or other proceeding shall be commenced or prosecuted against a Board for not supplying water to any person when it has been declared by the Governor in Council that the Board has, without negligence or wilful default upon its part, been unable to supply such water. 38. All moneys received by a Board from rates, Boa.rd's charges, rents, or otherwise under this Act shall be ~ ~ , : n: ; ~ lied_ carried to the credit of a fund to be kept by the Board ~ nd called the" Water Fund," and such fund shall be applied in manner following, that is to say:- (1) In defraying the expenses incurred in the maintenance and management of the works and the conduct of the business of the Board; (2) In the payment of contributions to an account (to be known as the" Renewals and Ex- tensions Account") to be kept by the Board. The moneys to the credit of such account shall be used solely for the purpose of effecting renewals and extensions of the works;

11756 PARTV.- CONSTITUTION OF BOARDS. ss. 39, 40. WATER. WaterAct. 17 GEO. V. No. 12, (3) In payment of any instalments of principal and interest to the Treasurer in respect of any money advanced to or on account of the Board; (4) In the payment of any interest or instalments of principal in respect of any money borrowed by the Board under this Act. Payments for any authorised purpose. 39. The Board may payout of the Water Fund any sum due under an agreement lawfully made for the purposes of this Act, and any sum recovered against the Board by process of law, and any sum which, by any order made or purporting to be made under this. Act, the Board is directed to pay by way of compensation, damages, costs, or otherwise. Borrowing powers of Boards. 40. (1.) A Board may, with the approval of the Governor in Council, borrow money for- (a) The construction of any authorised works; (b) The payment of the costs of works charged to the Board under this Act ; (c) Discharging the principal money of any loan to or other indebtedness of the Board; (d) Any other purpose approved by the Governor in Council. (2.) No proposition for borrowing money shall be adopted by a Board unless notice thereof has been published in the Gazette and in a newspaper generally circulating in the area. Within thirty days of the publication of such notice, one-third of the ratepayers affected by such proposition may by written petition to the Board require that the question whether the money shall be borrowed shall be submitted to the vote of the rate- payers of the area, and in such case a poll of such ratepayers shall be taken in accordance with the Regu- lations after the prescribed notice thereof has been given. At such poll each ratepayer shall be' entitled to as many votes as at an election of members of the Board. If upon such poll being taken the number of votes given in favour of the loan is not greater than the number of votes given against the loan, the Board shall be forbidden to proceed further with the loan..

1926. WATER. WaterAct. ss. 41, 42. 11757 PART V.- CONSTITUTION OF BOARDS. (3.) Any money borrowed by a Board may be raised by the sale of bonds or inscribed stock, which shall be in the prescribed form. (4.) All such bonds and stock and the interest thereon shall be a charge upon the works constructed by or vested in the Board under this Act and upon the revenues of the Board. (5.) Before raising any loan the Board shall make provision for the repayment thereof by the creation of a sinking fund; and for such purpose may, with the approval of the Minister, permanently appropriate any part of the revenues of the Board. (6.) All moneys so appropriated as a sinking fund and all interest accruing thereon may be invested by the Board in such securjties and in such a manner as the Minister may think fit. (7.) The accumulated sinking fund shall be applied in payment of the principal of the loan when the same becomes payable, or may be applied from time to time in the redemption of the bonds or stock issued. 41. For the temporary accommodation of the Temporary Board it may, on application to the Commissioner, and loans. with the approval of the Minister, obtain advances by overdraft on current account in any bank or banks upon the credit ofits funds, but so that the principal moneys owing on overdraft do not at any time exceed a sum to be fixed by the Minister. 42. Notwithstanding anything in this Actcontained, Adjustment the Governor in Council may from time to time- I ~ n Y CGoouvneCrI.ln. ot (a) Make any adjustment with respect to the term or terms of any loan or loans to the Board, or the calculation of interest thereon, or with respect to any other matter requiring adjustment: Provided that in any such adjustment the period of any loan shall not exceed thirty years; (b) Permit the Board to payoff the whole or any portion of the moneys obtained by loan by the Board at any time before they becbme due, and in such case the Board shall be entitled to a proportionate rebate of interest, to be adjusted by the Treasurer.

11758 PARTV.- CONSTITUTION OF BOARDS. ss. 43-46. WATER. WaterAct. 17 GEO. V. No. 12, Accounts to 43. Every Board shall, in each year, not later than be balanced. the thirty-first day of July,' cause its accounts to be balanced as to the thirtieth day of June of the same year, or such other date as the Minister may direct. Audit. 44. (1.) The Board shall cause a full and true balance-sheet of the assets and liabilities, together with a revenue account or profit and loss account for each year and such other statements as may be necessary, to be compiled from the books and submitted to the Commissioner, who shall transmit a copy thereof to the Auditor-General and the Treasurer. (2.) The Auditor-General shall certify that he has found the accounts in order or otherwise, as the case may be, and if in his opinion the accounts are properly drawn up so as to exhibit a true and correct statement of the transactions for the period under review as shown by the books and all items of receipts and payments and if all known liabilities and assets have been brought into account and the value of all assets fairly stated. Yearly.. 45. In the month of August in every year the s a t r a r t e e a m rs ent 0 t °b i e Tre . as . urer sha . ll • cause t . o be published in the Gazette a pu blished. statement showmg, WIth respect to the Board, the amount of money which is then overdue and in arrear, and also the total of the principal sum then remaining unpaid as at ~ he thirtieth day of June of the same year. Power to 46. If on or after the thirty-first day of October of. ; : ~ : : nt any part of such money so overdue and in arrear remains arrears. unpaid, the Treasurer may, by notification jn the Gazette, appoint a receiver to collect on his behalf and pay to him all or any moneys from time to time due and owing to the Board to the amount stated in such notification. Thereupon such receiver shall, from the date stated in such notification until the amount aforesaid has been collected, be the only person legally entitled to receive the revenues of the Board, and shall have all the powers of the Board with respect to the levy, collection, and recovery of rates and other moneys and shall be deemed, for the purpose of this section, to be a public accountant within the meaning of "The Audit Act oj 1874"* or any Act amending or in substitution for that Act. * 38 Vic. No. 12, supra, page 74.

WATER. ss. 47, 48. 1926. WaterAct. - - - - - - - ------------------------- 11759 PART VI.- WATERING· PLACES. PART VI. -W ATERING-PLACES. 47. (1.) The Governor in Council may from time to Power to time, by Order in Council, make reserves for the purpose : :e~ ~es. of establishing public watering-places and for the accommodation and agistment of travelling stock. Such reserves are herein referred to as public watering-places. Notwithstanding any other Act to the contrary, any such reserve may comprise wholly or in part land held from the Cr0wn under lease or license or any other form of tenure, and the publication in the Gazette of the Order in Council making the reserve shall have the effect of pIa{ ing the land comprised in the said reserve in the immediate possession and control 01 the Commjssioner. Save as last aforesaid, if the reserve made bv the said Order in Council comprises the whole or any p~rt of land which is a holding within the meaning of the laws in force for the time being relating to the occupation and leasing of Crown land, then the said Order in Council shall have the effect of a resumption under those laws of or from such holding, and the provisions of those laws with respect to compensation (if any) and adjustment of rental (if any) shall be applicable according to the class of holding aftected by the said resumption: Provided nevertheless that the Crown tenant of the holding affected as aforesaid shall not be entitled to claim or be awarded any sum in respect of any loss or damage alleged to have been sustained by him in consequence of the said resumption other than the compensation (if any) and adjustment of rental (if any) to which he may be entitled under the provisions of the said la\vs. An Order in Council made under this subsection shall, ufon such publi cation, be TEad as one with this Act and shall be of equal validity. (2.) 'Ihe Governor in Ccuncil may place any such reserve or any duly consti! uted water reserve or camping reserve under the permanent or temporary control of the Commissioner or the Board of the area within which any such reserve is situated. 48. The Commissioner, with the approval of the Power to Minister, may construct tanks, dams, bores, wells, or ~z~ ~: r~~ ~ other works for storing or providing water adjacent to dams, &c, any road or upon any duly constituted water reserve, camping reserve, or public watering-place.

11760 PART VI.- WATERING- PLACES. ss. 49-53. WATER. WaterAct. 17 GEO. V. No. 12, Caretakers 49. The Commissioner may appoint caretakers and place them in charge of such tanks, dams, bores, wells, or other works, or public watering-places; and such caretakers shall supply water to travellers and travelling stock at the prescribed rates. Lease of tlnks, &c. 50. The Commissioner, with the approval of the Minister, may let by auction, tender, or otherwise, for a term not exceeding ten years, any such tanks, dams, bores, wells, or other works, or public watering-places, upon such terms as he deems expedient; and the lessees shall supply water to travellers and travelling stock at the prescribed rates. Power to impound trespassing stock. 51. (1.) Any authorised officer may, subject to " The Local Authorities Act ot 1902"* or any amendment thereof, impound any stock found trespassing upon any duly constituted water reserve or camping reserve or public watering-place; and for that purpose the Commis- sioner shall be deemed to be the owner of every such reserve and watering-place. (2.) Any owner or person having charge of stock who wilfully allows the same to trespass upon any such reserve or watering-place may be prosecuted by any officer authorised by the Commissioner, and shall be liable for the first offence to a penalty not exceeding five pounds, and for any subsequent offence to a penalty not exceeding twenty pounds. (3.) Trespass a second time. on any such reserve or watering-place by stock belonging to the same owner shall be deemed to be a wilful trespass. Obstruction 52. Any person who obstructs travelling stock in the' s o t f octrka. velling lawful use of any public watering-place or in the use of any pasture or water to which such stock are lawfully entitled shall be liable to a penalty not exceeding twenty pounds. Owner of stock to produce permit or travelling statement. 53. Every owner or person having charge of travel- ling stock shall, when he requires to use any tank, dam, bore, well, public watering-place or reserve, as aforesaid, produce and show to the lessee, caretaker, or person in charge thereof, on demand, his proper permit or travel- ling statement, and on failure to do so shall be liable to a penalty not exceeding five pounds. * 2 Edw. VII. No. 19, supra, page 1860. I L

1926. WATER. WaterAct. ss. 54, 55. 11761 PART VI.- WATERING- PLACES. 54. When any reserve is placed under the permanent Powers of or temporary control of a Board, such Board shall, for Board. the purposes of this Part of this Act but subject to the direction of the Minister, have all the powers of the Commissioner. PARTVII.- ARTESIAN PART VII.-ARTESIAN AND SUB-ARTESIAN WELLS OR SUB- : ~ SIAN BORES • WELLS OR BORES. S h a 11 5 b 5 e . c ( o 1 m .) mNeoncea d rt,easnia d nnwoeallrtaensI . dannowes 11 ubo- rasrute b s-iaarn t eSw . Iealnl sAwuerbtlle- sasritatoensbiaeannd well existing at the passing of this Act or thereafter licensed. constructed shall be enlarged, deepened, or altered in any mann~ r unless- (a) By the Commissioner as the authorised officer of the Crown; or (b) In pursuance of a license under this Act. (2.) If any person contravenes this section, the said person and the owner of the artesian or sub-artesian well in respect of which the contravention has occurred, shall each be liable in the case of an artesian well to a penalty not exceeding five hundred pounds and a further daily penalty not exceeding twenty-five pounds, and in the case of a sub-artesian well to a penalty not exceeding fifty pounds and a further daily penalty not exceeding five pounds. (3.) Where a conviction is obtained in respect of the sinking of an artesian well or sub-artesian well, the occupier of the land whereon such well is situated may, by order of any police magistrate, be directed to fill in such well and dismantle and remove any plant or machinery that may be installed or erected in connection therewith for lifting or pumping water therefrom, within a period to be fixed in any order of the police magistrate. If such occupier fails or neglects to comply with any order of a police magistrate, the Commissioner may fill in such well and dismantle and remove all and any plant and machinery installed or erected in connection therewith, and all costs and expenses incurred by the Commissioner in doing so shall be paid by such occupier, a:nd in default of such payment within fourteen days after he has been required by the Commis- sioner to pay the amount thereof, the Commissioner may proceed to recover such costs and expenses from him in any court of competent jurisdiction.

11762 ss. 56, 57. WATER. PART VII.- ARTESIAN AND Water Act. 17 GEO. V. No. 12, SUB-ARTESIAN - - - - - - - - - - - - - - - - - - - - . - - - - WELLS OR BORES. 56. (1.) Every application for a license for any new Licenses_ artesian or sub-artesian well, or for enlarging, deepening, or altering any existing artesian or sub-artesian well, shall be made to the Commissioner in the form prescribed,' together with a statement of the purposes for which it is proposed to utilise the water. (2.) On application being so made, the Commissioner shall cause such inquiry to be made as to the desirableness of granting the application as he may consider expedient. (3.) The Commissioner may, in his discretion, issue such license to the applicant in the form prescribed, subject to such terms, limitations, and conditions as he thinks fit: Provided that before granting a license the Commissioner may require such alterations to be made in or in connection with the work as he thinks fit. Period of licenses. (4.) The license, if granted, shall be granted for a period fixed by the Commissioner but not exceeding ten years, and may be renewed by the C'Dmmissioner from time to time on the application of the person holding the license. (5.) A license shall be issued or renewed only on payment to the Commissioner of such fee as may be prescribed. Benefit of licenses. (6.) A license shall be deemed to be held by and shall operate for the benefit of the lawful owner or occupier for the time being of the land whereon the artesian or sub-artesian well is sunk or is proposed to be sunk. Existing 57. Within a period of six months after the date of sarutbe- saiartneS. Iaannd the passing of this Act every owner or ' occupie . r of land wells to be upon which there exists an artesian well or sub-arteSian licensed. well or any other work of water conservation, whether such well or work was constructed before the passing of this Act or partly before and partly after the passing of this Act or whether or not such well or work was constructed under a license granted under the repealed Acts, shall notify the Commissioner, in writing, of the existence of such well or 'w'ork, and shall apply for a license (or a fresh license in any case where a license under the repealed Acts is subsilsting) in the form prescribed in respect of such well or work. The provisions of the last. preceding section shall apply to every such application and to every such

WATER. ss. 58-61. 11763 --------- PARTVII.- 1926. - ..- - - - - WaterAct. -------------- ARTESIAN AND ------------ ..- - - - - - - - SUB-ARTESIAN license in the same manner as if the application were for ~~~~S~R and the license were granted for a new well or work. 58. (1.) During the currency of a license no alter- Penalty for ations other than repairs or alterations necessary for aIte.rations t I le m ' aI . ntenance 0 f t h e artesI . an or su b -arte ' sIan we 11 owfo l r w k e o n r sed -or on account of any sudden or unforeseen emergency, ~ . ontr~ ven. shall be made in or in connection with the work, non~ ~ ~ ~ e, shall the water from the work be used for purposes other than those authorised by the license. (2.) Any person who contravenes the provisions of this section, or contravenes or 'fails to carry out any conditions of the license, shall be liable to a penalty not exceeding fifty pounds and a further daily penalty not exceeding five pounds; and in addition to the imposition -of the said penalty the license may, by notice in the Gazette, be cancelled by the Commissioner. (3.) Provided that the holder of any such license may, during the currency thereof, apply for an amended license allowing alterations in the work, and any such application shall be dealt with as herein provided in respect of applications for a license in the first instance. 59. (1.) No person shall be employed as a dI·illerDrlllers to -on or hl connection with any artesian or sub-artesian well be licen"ed. unless he is the holder of a driller's license issued by the Commissioner. (2.) A driller's license may be issued by the Com- missioner to any competent and capable person in the prescribed form and on payment of the prescribed fee, and the Commissioner may cancel such license at any time. (3.) Any person (whether a driller or an employer -of a driller) who contravenes this section shall be liable to a penalty not exceeding twenty pounds and a daily penalty not exceeding two pounds. 60. The Commissioner, with the approval of the Power of • M 1 ' m ' s t er, may se 1 ' 1 or 1 ease any artesI . an or su b -ar t eS . Ian sale or lease. well which has been constructed or acquired by the Crown, upon such terms and conditions as he thinks fit. 61. (1.) If the Commissioner is of opinion that the Waste of water from any artesian or sub-artesian w.ell,, whensoev•er a w r ~ .e t S e: Ia o n f constructed, is being improperly used or IS bemg wasted, wells. -or is not being utilized to the best advantage, he may, upon giving thirty days' notice of his intention so to do, direct the partial closing of such work or direct such

11764 s.62. WATER. PART VII.- ARTESIAN AND Water Act. 17 GEO. V. No. 12, SUB-ARTESIAN WELLS OR BORES. other precautions to be taken as he deems necessary to prevent such improper use or waste or to provide for the better utilization of such water. (2.) Provided that the owner of any such work may, within thirty days after the date of issue of the notice aforesaid, if he so desires, notify to the Commissioner in writing his desire to be heard before any such direction is given, and in such case the Commissioner may cause an inquiry to be held by some authorised officer, who shall report in writing to the Commissioner upon' the inquiry, whereupon the Commissioner may in his discretion give such direction in the matter as he thinks just. Such owner shall have the right to attend at the inquiry and be heard. If the owner is dissatisfied with such direction as last aforesaid he may, within thirty days after the date of the Commissioner's direction, appeal to the Minister against such direction, and the decision of the Minister shall be final. (3.) Any person who refuses or neglects to carry out any such direction shall be liable, for every day during which such refusal or neglect continues after such direc- tion has been given, to a daily penalty not exceeding twenty pounds, and in addition to the said penalty any license issued in respect of such artesian or sub- artesian well may, by notice in the Gazette, be cancelled by the Commissioner. Supply of surplus water. 62. (1.) If the Commissioner is satisfied that the quantity of water flowing from an artesian well or supplied from a sub-artesian well is in excess of the reasonable requirements of the owner or occupier of the land after making due allowance for its distribution through the land by a proper and effective scheme of drains or other methods of supply, and that the surplus of such water could, under a reasonable scheme of dis- tribution, be supplied to other lands insufficiently watered in other ownership or occupation, the Commissioner may require the owner or occupier of the land whereon the artesian or sub-artesian well is situated, within a time to be fixed, to enter into an agreement with any owner or occupier of such other lands as aforesaid for the supply to and distribution through such lands of any such surplus water. (2.) In default of such agreement being made within the time so fixed, the Commissioner may issue such notice or direction as he thinks necessary for that

WATER. s. 62. 11765 ----------------------,- PART VII.- 1926. purpose. WaterAct. ARTESIAN -------------------- AND SUB-ARTESIAN Such notice or direction shall contain for that W B E O L R LS ESO. R purpose all such provisions, terms, and conditions with respect to the supply and distribution of such surplus water, and the construction and maintenance of the necessary works, and the expenses of construction, maintenance, and management, and the payment to be made for such water, as he thinks just. Such notice or direction (including any variance thereof under sub- section three hereof) shall have the same effect as if it were an agreement duly made between the parties, and be enforceable accordingly. (3.) The owner or occupier of the land whereon the artesian or sub-artesian well is situated may, within thirty days after the issue of any such notice or direction, if he so desires, object in writing to the Commissioner against such notice or direction. In such case the Com- missioner may, if he thinks it exped~ ent so to do, cause an inquiry to be held by some authorised officer, who shall report in writing to the Commissioner upon the inquiry. Such owner or occupier shall have the right to attend at the inquiry and to be heard. Upon receipt by the Commissioner of such report, he may by notice confirm, v.,ry, or rescind such notice or direction as may seem ('xpedient. If the owner or occupier is dissatisfied with such further notice he may, within thirty days after the date of such further notice, appeal to the Minister against such notice, and the decision of the Minister shall be final. (4.) Notwithstanding any notice of objection which the owner or occupier is entitled to lodge, the Commis- sioner, with the approval of the Minist;er, may direct that the notice or direction prescribed in subsection two hereof shall operate forthwith, and such notice or direction shall be enforceable accordingly. I:r: such case there shall be no appeal from the Minister's approval or the Commissioner's direction. (5.) Where it is necessary to convey surplus water on, through, or across any lands intervening between the land whereon the artesian or sub-artesian well is situated and the land to be supplied with such surplus water, the Commissioner may embody in any direction such provisions, terms, and conditions as he may consider necessary or expedient for the construction of any works

11766 ss. 63-65. WATER. PART VII.- ARTESIAN AND Water Act. 17 GEO_ V_ No_12, HUB-ARTESIAN W: t~~ ~ S~ R thereon and the maintenance thereof, notwithstanding that no easement or right to enter or use such intervening lands may have been granted or acquired. (6.) Any person who fails, neglects, or refuses to comply with the provisions, terms, and conditions of any notice or direction issued by the Commissioner under this section shall be liable in the case of an artesian wen to a penalty not exceedir,g five hundred pounds and a daily penalty not exceeding twenty-five pounds, and in the case of a sub artesian well to a penalty not exceeding fifty pounds and a further daily penalty not exceeding five pounds. Exemption 63. Notwithstanding anything in this Act contained, osuf b-artesian none of the provisions of this Part of this Act shall apply supplies for to a sub-artesian well the supply of water from: vihich is dpoumrpeossteics. used or is required for use for domestic purposes only. The term "domestic purposes" inch des all the purposes for which water is ordinarily used in or in connection with a dwelling house or the land attached thereto and immediately used in connection there,,-ith. PART VIII.- INDIVIDUAL AND GROUP PART VIII.-INDIVIDUAL AND GROUP WATER WATER SUPPLIES_ SUPPLIES. Interpre. 64. In this Part of this Act, unless the context tation. or subject-matter otherwise indicates- " Work" means and includes any artesian well or bore, sub-artesian well or bore, excavated earth tank, well, dam, water-lifting appliances, or other work of water supply or water conservation or utilization. Settlers' ·65. For the purposes of this Part of this Act Water _ there shall be created at the Treasury a fund, to be ~ ~ ~ ; . rvatlOn called "The Settlers' Water Conservation Fund," to which shall be credited- (i.) All moneys appropriated by Parliament in each year for the construction of any work under this Part of this Act; and, notwith- standing anything contained in any other Act, any unexpended part of the moneys so appropriated shall not lapse, but shall remain to the credit of the fund and be available for expenditure in future years:

WATER. ss. 66, 67. 11767 - - - - - - - - - - - - - PART VIII.- 1926. WaterAct. INDIVIDUAL AND GROUP WATER SUPPLIES. (ii.) All moneys paid to the Treasurer by any person or group in repayment of any expenditure incurred by the Commissioner under this Part of this Act ; (iii.) All moneys obtained from sale or lease of any land, plant, or material purchased or acquired for the purposes of this Part of this Act; (iv.) All other moneys received or recovered under this Part of this Act. 66. The money to the credit of the said fund shall Fun~ . how be applied as follows:- applIed. (i.) In payment of all expenses incurred in carrying this Part of this Act into execution and the completion of the works herein mentioned; (ii.) In payment of any sum or sums of money recovered against the Commissioner by process of law in respect of any work carried out under this Part of this Act. 67. (1.) The Commissioner, with the approval of Carrying ;)ut the Minister, may, on the application of the owner or of works occupier of any land or any group of owners or occupiers, construct any work under agreement with such owner or occupier or group of owners or occupiers upon such terms and conditions as may be agreed upon. (2.) Any person may apply in writing to the Com- missioner for the con~ truction of a work, whereupon the Commissioner may cause an investigation to be made, and shall advise the applicant of the type of work suitable for the locality and his purposes. The Commissioner may also supply to the applicant a specification of the proposed work and an estimate of the cost thereof. (3.) If the applicant desires the work to be pro- ceeded with he shall notify the Commissioner in writing accordingly, and also state whether he is prepared to pay the cost of the work upon the completion thereof or desires to pay such cost by instalments. (4.) Should the applicant elect to pay for the construction of the work by instalments, the following provisions shall apply:- (i.) Where the work consists of an artesian bore, sub-artesian bore, or well, or a tank, or dam, or other work of water supply or water P

11768 s.67. WATER. VIII.- PART ~ ~ ~ ~ ~ ~ ~ ~ ~ - - - - - - - - - - - - - o- - - ­ INDIVIDUAL AND GROUP WATER SUPPLIES. WaterAct. 17 GEO. V. No. 12, conservation, the total cost thereof shall be determined by the Commissioner, and such cost ~hall be deemed to be a loan for such period as the Minister may fix, but not ex- ceeding in any case twenty years. The cost, together with interest at a rate not ~ xceeding six per centum to be determined by the Minister, shall be repaid during the period fixed, in such manner and at such times as may be agreed upon between the applicant and the Minister; (ii. ) Where the work includes installing water- lifting appliance3 and for works of reticulation, the cost thereof shall be determined by the Commissioner, and such cost deemed a loan for such period as the Minister may fix, but not exceeding ten years. Such cost, together with interest at a rate not exceeding six per centum to be determined by the Minister, shall be repaid during the period fixed by the Minister, in such manner and at such times as may be agreed upon between the applicant and the Minister. (5.) The applicant shall give such security for pay- ment as the Minister may consider necessary, and for that purpose the applicant shall sign, execute, and complete all such deeds, documents, or assurances as may from time to time be required of him by the Minister. (6.) Upon completion of all or any of the terms, conditions, and provisions hereinb"efore contained, the Commissioner may carry out the works with such varia- tions or modifications as he may see fit to make. (7.) Notwithstanding anything hereinbefore in this section contained, the following provisions shall be applicable, according to the circumstances:- (i.) Where the land of the applicant for works to be constructed thereon is subject to a mortgage to the Corporation of the Agricul- tural Bank, created by "The Agricultural Bank at Act 1923,"* the Commissioner may carry out such works upon receiving from the said last- mentioned Corporation an undertaking in * 14 Geo. v. No. 41, supra, page 10443.

WATER. s.67. 11769 - - - - - - - - - - - - - - - - - - - - - - - PARTVIII.- 1926. WaterAct. INDIVIDUAL AND GROUP WATEB writing to repay to the C~ mmissioner the SUPPLIES. amount of the cost of the works as certified bv a certificate under the hand of the Com- missioner, which certificate shall be conclusive evidence of such cost. Notwithstanding any- thing in any other Act contained, upon payment being made by the said last- mentioned Corporation to the Commissioner of the amount mentioned in such certificate, together with interest (if any) at the rate determined from time to time under this Part of this Act in relation to outstanding moneys, the said Corporation shall be entitled to add the amount of such money, with such interest (if any), to the amount then secured to the said Corporation tmder the said mort- gage, and the amount so added shall be deemed to be an additional advance to the mortgagor under the said mortgage and to b~ part of the capital sum secured tnereby, and shall be repayable by the mortgagor to the said Corporation, with interest, in accord- ance with the terms of the mortgage; (ii. ) 'Vhere works have been carried out by the Commissioner upon the land of an applicant, and the applicant has executed in favour of the Minister a mortgage of such land in accordance with the foregoing provisions of this section to secure the repayment by the mortgagor of the cost of the works, with interest as prescribed, and the mortgagor makes application to the said Corporation of the Agricultural Bank for any advance in relation to the said land, the said Corporation shall not make any such advance upon the security of a mortgage of that land unless. or until the said Corporation has given to the Commissioner an undertaking in writing to redeem the then existing mortgage held by the Minister in respect of the works under this Part of this Act. Any sum which is required to be paid by the said Corporation to the Com- missioner in respect of the redemption of the said mortgage shall when paid be deemed to be an advance by the said Corporation to the applicant, and the said Corporation shall be

11770 s.67. WATER. PARTVIII.- - - - - - - - - - - - - - - - - - - - - - - - - INDIVIDUAL AND GROUP Water Act. 17 GEO. V. No. 12, WATER SUPPLIES. entitled to add that sum to the amount of any advance for any other purpose then approved by the said Corporation, and to demand from the applicant such mortgage of the land and other securities in respect to the total amount Qomprised in such sum and the other advance as the said Corporation is authorised by law to demand in any other case: Provided always that any of the provi- sions of the foregoing paragraphs (i.) and (ii.) of this subsection may be varied from time to time by mutual agreement by and between the Commissioner (with the approval of the Minister) and the said Corporation, as may be deemed necessary or desirable under the particular circumstances of any case. Any such variance shall, however, be evidenced by an instrument in writing under the hands of the parties. (8.) In the event of a group of two or more persons desiring the Commissioner to carry out any work as a common water supply for the members of such group, the provisions of subsections two to seven (both inclusive) of tnis section shall apply. The Minister may, however, in such cases, in addition to the requirements of the said subsections, require the members of such group to enter into such arrangements as may be required to be made respecting ownership, and for control of the land whereon the work is situated, and respecting the access to the work which each member of the group shall have, and the use and maintenance of the work, and to be jointly and severally liable for such repayment of loan, ,vith interest as aforesaid. (9.) In the event of any work being located on a public road or a reserve, the Commissioner shall, not- withstanding anything contained in any other Act, have full rights of ownership thereof, and neither the Local Authority nor any other body or person shall have the right or power to interfere with such work. (10.) If any work constructed by the Commissioner is declared by the Minister to be a failure, the cost thereof shall be made a charge against the Consolidated Revenue, and the Settlers' Water Conservation Fund shal1 not be charged with any interest in respect of the amount, and no person shall be called upon to pay any charge whatsoever in respect thereof.

WATER. Sch. Pt. Ill. r. 30. 11807 1926. WaterAct. Construct posts and any necessary apparatus in and upon any such road or land, or against any structure abutting on any such road or land. Construct in, on, or under any such road, or under any railway or tramway, or in, on, through, across, over, or under any such land, pipes, streams, channels, drains, syphons, and other works, and repair, alter, discontinue, or remove any of thein. Dig trenches and drains,. and fix meters, mains, and pipes, and put stopcocks, syphons, plugs, or branches from such pipes in,under, across, and along any such road or land, and also, with the consent of the owners or occupiers thereof, in, under, across, and along any structure, premises, or land in such manner as it thinks fit. (ii.) Enter upon any land vested in the Crown, and whether or not,held from the Crown under any form of tenure and occupy it temporarily and take therefrom stone, gravel, earth, and other materials; deposit thereon any such material; form and use temporary roads thereon; erect workshops, sheds, and other buildings of a temporary nature thereon; and also fell timber and use and carry away the same: Provided that compensation shall be paid by the Board to the Crown or any persons occupying Crown land who are injuriously affected by the exercise of- the powers conferred by this provision. The Board shall pay for all timber taken from Crown land the same royalties as may be charged under the laws in force relating to the taking of timber from such land. 30. (1.) The Board shall, not less than seven clear days before Provisions proceeding to open or break up any road, sewer, drain, or tunnel, as to give to the Local Authority, or other authority having control breaking up thereof, notice in writing of the intention to open or break up the roads, &c. same, except in cases of emergency arising from accidents to or . defects in any of the works, in which case such notice shall be given as soon as possible after the beginning of the work, or after the necessity for it has arisen. (2.) A road, sewer, drain, or tunnel shall not, except in such Roads, &c., cases of emergency as aforesaid, be opened or broken up except not to be uauntdheorrI. ttyhehasvum. pgericnotnetnrdoe1ntcheereooff , tohre I.tsI. J 0 ofcfai c l ~ r, Auanthdoraictcyordom'r gotth ~ ear ebsuxropckeeperi t nnutuenPnd. er plan, if any, proposed by the Local AuthorIty or other authorIty dence. 0r its officer within the three days next after the receipt of the notice, or, in case of a difference respecting such plan, then accord- ing to a plan approved by a police magistrate sitting in petty seSSIOns. The police magistrate may, on the application of the Local Authority or other authority or its officer, require the Board to make such temporary or other provision as he thinks necessary for

11808 SCh. pt. Ill. r. 30. WATER. WaterAct. 17 GEO. V. No. 12, guarding against any interruption of traffic or sewerage or drainage during the execution of any works which interfere with the road, sewer, drain, or tunnel: If Loc-M Authority fails to superintend. Board may perfonn work. (3.) Provided that- (i.) If the officer aforesaid, after such notice has been duly served, fails to attend at the time fixed for the opening or breaking up of the road, sewer, drain, or tunnel; or (ii.) If no plan for opening or breaking up the same is proposed by ·the Local Authority or other authority or its officer; or (iiL) If it or he refuses or neglects to superintend the work; the Board may perform the work specified in the notice without such superintendence. But, if a difference respecting the plan proposed has arisen, then the Board shall not commence the work until such plan has been approved by a police magistrate as aforesaid. Conditions (4.) When a Board opens or breaks up any road, sewer, drain, under which or tunnel, it shall- roads, &c., maybe broken up. (i.) With all convenient speed complete the work for which it is broken up, and fill in the ground, and reinstate and make good the road, sewer, drain, or tunnel so opened or broken up, and carry away the rubbish occasioned by the operations; (ii.) At all times, while the road, sewer, drain, or tunnel is sO opened or broken up, cause the same to be fenced and guarded, and cause a light sufficient for the warning of passengers to beset up and maintained against or near such road, sewer, drain, or tunnel, where the same is open or broken up, every night during which the same is continued open or broken up; and (iii.) Keep the road, sewer, drain, or tunnel which has been so opened or broken up in good repair for three months after replacing and making good the same, and for any further time, not being more than twelve months in the whole, during which the soil broken up continues to subside. Compensa- tion for delay or neglect in reinstating road, &0. (.5.) If a Board~ .(i.) Opens or breaks up a road, sewer, drain, or tunnel without giving such notice as aforesaid, or in a manner different from that which has been approved of or determined as aforesaid, or without making such temporary or other works as aforesaid when so required, except in the cases in which the Board is authorised to perform such works without any superintendence or notice; or (ii.) Makes any delay in completing any such work, or in filling in the ground, or reinstating and making goocl the road, sewer, drain, or tunnel so opened or broken up, or in carrying away the rubbish occasioned by the operations; or

WATER. Sch. Pt. Ill. rr. 31,32. 11809 1926. WaterAct. (iii.) Neglects to cause the place where the road, sewer, drain, or tunnel has been opened or broken up to be fenced, guarded, and lighted as hereinbefore prescribed; or (iv.) Neglects to keep the road, sewer, drain, or tunnel in repair for the space of three months next after the same is made good, or such further time as aforesaid; reasonable compensation shall be made to the Local· Authority or other authority and to every interested person for any damage actually sustained by it or him in consequence of any such act, delay, or neglect. (6.) In any case where the Board is bound by this Act to Local . reinstate and make .good any road, sewer, drain, or tunnel opened Authority or broken up by it, the Local Authority or other authority, after : ~ tate notice in writing to the Board of its intention so to do, may itself works and execute such work. _ recover The· reasonable expenses 0 f execut · mg such work, · mc I ud·mg expenEes in such expenses a sum of five per centum of the actual cost of the "vork for expenses of supervision, shall be paid to the Local Authority. or other authority by the Board; and such expenses may be recovered as a debt in any court of competent jurisdiction. Upon the receipt of such notice as aforesaid, the Board shall I.:.O longer be liable to pay any sum by way of compensation as in the last preceding subsection provided in respect of any omission to execute any such work. 31. Nothing in this Act shall authorise or empower a Board to Restriction break up any. railway or tramway, or to alter the position of any on breaking road, without the consent of the authority, company, or person in u~ lof d whom such railway or tramway is vested, or having control of such ~ : ~ ; : ' ~ ' : ~ r road, unless in pursuance of special powers in that behalf inserted altering" in the Order. or with the written consent of the Governor in position of Council. ' . roads. The Governor in Council shall not in any case insert any such special powers in any Order, or give any such consent, until notice has been given to such authority, company, or person, byadvertise- ment or otherwise as the Governor in Council may direct, and until an opportunity to object has been given to such authority, company, or person. 32. (1.) For the purpose of the construction or the main- Power to use tenance or repair of any drain, channel, or embankment proposed land ~ or io be constructed or constructed under the authority of this Act, certam the Board shall be deemed to have had and shall have power and purposes• .authority at any time to enter any land within twenty feet on either side of the centre line of a drain or distributing channel, or site of the same, or within sixty-six feet from the top of each bank of a water conservation or drainage channel, or site for the same, or any land being an embankment or site for the same, and use such land for the said purposes, and it shall not be necessary to obtain any grant of easement or other right so to enter and use such land. (2.) No compensation shall be payable or shall be deemed to have been payable for the exercise of any of the rights or powers conferred by this section.

11810 8ch. Pt. Ill. rr. 33,34. WATER Water Act. 17 GEO. V. No. 12. Power after 33. (1.) The Board, after giving seven days' notice in writing no~ ce t'? t to the occupier, may enter upon any private land, not being a ~ ~ d~ r~ : ; : oe garden, orchard, or plantation attached or belonging to a house, take nor a park, planted walk, avenue, or ground ornamentally planted, materials, and not being nearer to any residence erected on such land than one &0. hundred yards, and occupy such land for so long as may be neces- sary for the construction or repair of any works, and use the same for any of the following purposes, namely:- (i.) Constructing, building, or putting any plant thereon; (ii.) Taking earth or soil therefrom; (iii.) Depositing: soil thereon; (iv.) Obtaining material therefrom for the construction or repair of any of the works. In exercise of such powers the Board and persons authorised Jr employed by it may deposit, and also manufacture and work, upon such lands, materials of every kind used in constructing the said works, and take from such land any timber, and dig and take from such land any clay, stone, gravel, or other material found· thereon, and useful and proper for executing any of the works, and for the purposes aforesaid may erect upon such land any sheds and other buildings of a temporary nature. Appeal to police magistrate. (2.) The owner or occupier of such land may, within seven days after receiving such notice, and after giving notice to the Board of his intention so to do, apply to any police magistrate, who may thereupon summon the Board to appear before a police magistrate at a time and place to be named in the summons. If it appears to the police magistrate that the use proposed to be made of the said land is unreasonable and unnecessary, or that other neighbouring lands are more fitting to be used for the purpose proposed, the police magistrate may order that the land in question shall not be occupied or used in the manner proposed. If it appears to the police magistrate that the use proposed to be made of the said land is reasonable and necessary, he may in like manner order that the said land may be occupied and used, or material taken therefrom, in such manner and to such extent only and subject to such limitations and restrictions as he thinks fit; and all persons concerned shall be bound by any such order. Not to (3.) No material or stone or slate quarry or brickfield, being in. ~ rfere at the time of the proposed entry used or worked for purposes ~ ~ rries, &0. of business or profit, shall be used or taken by the Board under the powers hereinbefore conferred. Compensa- tion. (4.) Compensation shall be paid to any person for the value of timber or other material taken, or for any damage done by the use and occupation of such land by the Board, or by the exercise by it of the powers conferred by this section. Board to do 34. In the exercise of its powers in relation to the execution as little of works under this Act, the Board shall do as little damage as damage as maybe. may be.

WATER. Sch. Pt. Ill. rr. 35, 36. 11811 1926. WaterAct. . 35. Any compensa~ ion payable by the Board to any person Compensa- .l)y reason of the exerCIse of any powers conferred by this Act tlOn, h,?w (except the taking of land under and subject to " The Public Works determmed. Land Resumption Acts, 1906 to 1917' '*) shall be such sum as may be agreed upon by and between the parties, or as, in the case of dispute, may be fixed by a police magistrate upon summons. Every police magistrate shall have jurisdiction to hear and determine the matter of such dispute, and to grant such costs as in his opinion are just and reasonable. 4.ny party may appeal to the Supreme Court from the whole or any part of an order of a police magistrate under this section. . Every such appeal shall be by way of rehearing, and shall be heard and determined in the same manner, including the right to a jury, as if the matter of such dispute had been the subject. matter of an action in such court. 35. (1.) A Board may from time to time make by-laws with Power to respect to all matters and things necessary for constructing, main- make taining, and administering the works under its control and manage- by-laws. ment, including- (i.) Prescribing the duties of their officers and servants; (ii.) Regulating the supply of water from and the use of the w,orks of the Board; (iii.) Providing f,or the maintenance, clearing, cleaning, and repairs of the works of the Board; (iv.) Pr.oviding for the issue or making of licenses, regis- trations, or permits to or wit~ respect to persons and property, and for the payment of reasonable license, registration, and permit fees. (2.) A by-law may impose a penalty for any breach thereof, and may also impose different penalties in case of successive breaches. But no such penalty shall exceed twenty pounds. A by-law may ,aloo impose a daily penalty for any breach thereof. But no such penalty shall exceed two pounds per day. A by-law may provide that in addition to a penalty any ~xpense incurrred by the Board in consequence of a breach of such by-law, 'or in the execution of work directed by the by-law to be .executed by any person and not executed by him, shall be paid by the person (lommittingsuch breach or failing to execute such work. (3.) A by-law luay require any work or thing to be executed or done of such materials, within such time or in such manner as may be directed or approved in any particular case by the Board, Dr any authorised rofficer or other person, and may require works to be executed only by qualified and licensed persons. (4.) A by-law may apply to ?- specified part only of the Area. (5.) Every proposed by-law shall be submitted for the To be approval of the Governor in Council, and if approved by him shall-approved by be published in the Gazette, and thereupon such by-law shall have gover~ or lh the force of law. OunCI • * 6 Edw. VII. N0. 14 and amending Acts, 8upra, pa.gas 8211 and 8362.

11812 Sch. Pt. Ill. fr. 37, 38. WATER. WaterAct. 17 GEO. V. No. 12, Repeal of (6.) A by-law or part of a by-law may be repealed by the by-laws. Governor in Council by Order. Service of notice, &c. 37. (1.) Any notice, order, process, rate, or other document relating to the business of the Board under this Act required or authorised to be given or served to or upon any person may be served- (i.) By delivering the same to such person; or (ii.) By leaving the same at his usual or last known place of abode; or • (iii.) By forwarding the same by post in a prepaid letter addressed to such person at his usual or last known place of abode. (2.) Any such document, if addressed to the owner or occupier of land, may be served by delivering the same or a true copy thereof to some person on the land, or, if there is no person on the land who can be so served, by fixing the same on some conspicuous part of the land. (3.) Except as is hereinafter provided, when a notice is required to be given to a person whose name and address are unknown, the notice may be served by publishing it in some news- paper generally circulating in the locality, three times, at intervals of not l-ess than one week between any two publications. (4.) Any notice, order, rate, or document required to be given to Or served on the owner or occupier of any land may, if the name of the owner or occupier is not known, be addressed to him by the description of the "owner" or "occupier" of the land in question (naming them) without further name or description. (5.) Any document may be served on a Board- (i.) By delivering the same to the secretary; or (ii.) By forwarding the same by post in a prepaid letter addressed to the secretary. Absent and unkn::>wn OWlle!s. 38. (1.) If any owner of land is absent from Queensland, a complaint or summons may be served upon him, or notice may be given to him by delivering it or posting it in a registered letter to- his agent in Queensland. (2.) If the name Or address of an owner and the name and address of the agent in Queensland of such owner are also unknown~ a complaint or summons may be served upon him or notice may be given to him by publishing it once in some newspaper generally circulating in the locality. (3.) A judgment or order for the payment of any moneys due may be given by any court against an owner whose name is not known to the Board, under the designation of "the owner" of the land in question, without stating his name, on proof by the chair- man or secretary that the name of such owner is unknown, and that service of the complaint or summons was made in manner hereinbefore provided.

WATER. SCh. Pt. Ill. rr. 39-41. 11813 1926. WaterAct. 39. Any person who- Injuring (i.) Constructs or causes to be constructed any work or works, &0. thing to communicate with any work belonging to the Board without its consent; or (ii.) Fraudulently or by negligence injures, removes, or suffers to be injured any works belonging to the Board; shall, without prejudice to any other right or remedy for the protection of the Board or the punishment of the offender, be liable to a penalty not exceeding fifty pounds, and the Board may in addition thereto recover the full amount of any damage done. In any case in which any person has been guilty of any offence under this section, the Board may also, until the matter complained of has been remedied, but no longer, discontinue the supply of water to the person so offending, notwithstanding any contract previously existing. 40. Any person who, without lawful excuse (the proof whereof Destroying shall lie upon him)- or injuring ( a ) D estroys, l . llJ . ures, or d amages or attempts to d estroy, works. injure, or damage any of the works of the Board con- structed under this Act; or (b) Does any act calculated to render any parts or part of the machinery or works of the Board unworkable or defective, or whereby any water is or may be lost, wasted, misused, or interrupted in any way; Rhall be liable to a penalty not exceeding one hundred pounds or to be imprisoned for any term not exceeding six months, and in addition the Board may recover the full amount of hny damage done. 41. (1.) Any person who, except under the authority of an Interfering Act or by the authority of the Board (the proof of which shall with works. be upon him)- (a) Takes up, removes, demolishes, or otherwise interferei3 with any works of the Board; or (b) Wilfully injures any work or thing the property of the Board, or does any act by which the supply of water may be obstructed or injured; or (c) Knowingly erects or places any structure or any obstruction, annoyance, or encroachment in, upon, over, or under any work-s of the Board; shall be liable to a penalty not exceeding fifty pounds, and, in addition, to a daily penalty not exceeding five pounds for each day on which such offence is committed after notice by the Board, and in addition the Board may recover the full amount of any damage done. (2.) Nothing lierein contained shall extend to prevent or impede the maintenance, repair, or renewal of any structure under which any work of the Board has been constructed, but so never- theless that the same does not injure or obstruct such work.

11814 Sch. Pt. Ill. r. 42. WATER-WORKS. Public Works Land, Etc., Act. 17 GEO. V. No. 18, 1926. (3.) The Board may, at the expense of the offender, cause any structure erected in contravention of this section to be altered, pulled down, or otherwise dealt with as it thinks fit. Obstructing 42. Any person who wilfully hinders or obstructs any officer, B off o i a ce r r d ~ ' . s & c. awnoyrkdmuatny, uonrdseerrvthainst Aocf t, thoer Binoaarndyinwatyhecalauwsefsulorpeprrfoocrumraens cseucohf hindrance or obstruction to take place, shall be liable to a penalty not exceeding twenty pounds, and shall in addition pay to the Board the full amount of the damage which it has sustained by reason of such hindrance or obstruction. WORKERS' COMPENSATION. See LABOUR. WORKS. 17 NGo. eo 1 . 8. V. An Act to Amend H The Public Works Land THE PUBLIC Resumption Acts, 1906 to 1917," in a WORKS LAND certain particular. /{ESUl\1FTION BE . A l\1E A N C D T l S \1ENT ACT OF 1926. [ASSENTED TO 11 TH NOVEMBER, 1926.] It enacte d b y t h e K· mg ' s M ost E xce 11 ent M a · Jesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act shall be cited as "The Public Works ~ ~ ~ structioD Land Resumption Acts Amendment Act of 1926," and of Act. shall be read as one with "The Public Works Land Resumption Acts, 1906 to 1917,"* herein referred to as the Principal Act. Amendment 2. In paragraph (i.) of section four of the Principal of 8.4. Act, after the word "fords" the following words are inserted, that is to say :--" forestry (which expression shall include afforestation, silviculture, protection of forests and forest products, harvesting transport milling preparing treating and marketing of fores':. products, access to and for the purposes of fores:s, acquisition of forests and forest products, and kindred purposes)". * 6 Edw. VII. No. 14 and amending Acts. 8upra, pages 8211 and 8362.