Water (Amendment) Act 1919 (NSW)

252                  Water (Amendment) Act.

WATER (AIMENDMENT) ACT.

Act No. 25, 1919.

George V, extinguish the cost of works of certain drainage trusts ; to extend the period for repayment of cost of works of certain drain­ age trusts ; to provide for the fixing of such cost; to increase the maximum rate Avhich may be imposed by the Brundee Swamp Drainage Trust; to annul the dissolution of the James Creek Drainage Trust; to validate

No. 25.

. certain acts, rates, and notifications ; to amend the Water Act, 1912; and for purposes consequent thereon or incidental thereto. [Assented to, 5th December, 1919.]

“O E it enacted by the King’s Most Excellent Majesty, _ D by and with the advice and consent of the Legis- lativc Council and Legislative Assembly of Kew South 5Yalcs in Parliament assembled, and by tbe authority of the same, as follows :—

Sliort title.

1 . This Act may be cit('d as the ‘•'Water (Amend­

ment) Act, 1919,” and shall be construed with the AVater

Act, 1912.

C url Curl

Drainage2 . (1) The cost of the works of the Curl Curl Lagoon

T riis tan d B ig Drainage Trust, and of the Big Swamp Drainage Trust, Drainage togctlicr witli all Unpaid interest thereon, is hereby

Trust. extinguished.

CudgTra'*’ respect of tbe following drainage trusts tlie M oobail’and poriod foi‘ the extinguishment by a sinking fund of the

erS*̂ and Original works taken over by siuili trusts

Tucke’an shall 1)0 deemed not to have commenced to run until tbe expiration from the resjtectivc dates of gazettal of tlic completion of such works of the periods hereinafter respectively fixed; that is to say—

(a)	in respect of Newrybar Swamp Drainage
Trust, five years ; (b)

Water (Amendment) Act. ' 263

(b)	in respect of Cudgera Drainage Trust, and George V,
Mooball and Crabbe’s Creek Swamp Drainage No. 25,

Trust, three years;

(c) in respect of Tuckean Swamp Drainage Trust, one year:

Provided that tin; INIinistcr may, by notification in tbe Gazette, fix the cost of such original works by adding in each case to tbe amount of the cost already fixed, less any amounts already paid in respect thereof, all unpaid interest thereon at tb.e rates set out in the respective constitirtions of such trusts during such period of five years, three years, or one year, as the case may be, and the amounts so notified and no other shall be payable by tbe said trusts in respect of the said original works ;

Provided further tliat tbe iNIinister may extend tbe periods fixed by the said constitutions within which the res2)ective costs of such original works shall be rejmid so as to prevent the annual repayments from being increased by reason of tins section.

(3) The notification by the ^Minister published inp vcn.icr the Gazette of the eighth day of July, one thousand D"4Tnage nine hundred and fourteen, juir^aorting to cancel tbe

previous notification of the com2>letion of works of the Lavender Swamp Drainage Trust, and tbe notification published in tbe Gazette of the fifth day of August, one thousand nine hundrc’d and fourteen, fixing the cost of tbe works of the said trust at tlic sum of one thousand two liundred and niucty-two pounds fifteen shillings and fourpence, are hereby ratified and confirmed.

(4) The }naximum rate jier acre which the ?, uiuioe

trustees of the Drundcc Swamp Drainage Trust arc

empowered to levy is hereby increased to one sh illin g Tiust rates,

and six2:)cncc per acre.

(5) The dissolution by the Governor of the Jam es,Tames Creek

Creek Drainage Trust, and the notification thereof

published in tlic Gazette, arc hereby declared to bo	'
and to have been null and void and of no effect.
All acts done by the Minister or bj" the manager of tbe said trust since the date of tlic said dissolution, and all rates imjTosed by tbe Minister since such date, arc hereby ratified and declared to be and to have been valid.

25 i	Water (Amendment) Act.
George V,	3 . (1) Section tliirty-two, paragrapli (c), of the

No. 25. Water Act, 1912, is amended l)y omitting the words

Am endment

of s. 32. “ shall not exceed four per centum per annum and.”

Repeal of (2) Section fifty-nine of tlie said Act is repealed

8. f)0 . and the following section is substituted therefor :—

Powers of	59. (1) In the event of any delay in the election
Mini.ster to

remove	of trustees or in the event of any default hy trustees
trustees and	in the discharge of tlicir duties under this Part or
assume their
powers, &c.	the r()gulations made thereunder, or of the rate­ payers failing to elect trustees, or the required number of trustees, the Minister may, hy notification in tlic Gazette—

(i)   remove a trustee or trustees from office, and direct the election of another trustee or other trustees; or

(ii)   remove a trustee or trustees (if any) and assume all powers, duties, and obligations hy this Part conferred or imposed on the trustees, and may appoint a manager of tlie affairs of the trust :

Provided that the Minister may at any time direct the election of trustees, and upon such election all such powers, duties, and obli­ gations shall be revested in and reimposed upon the trustees.

CJovcrnor	(2) The Governor may, wlicrc in Ids opinion
may dissolv

tru st. sufficient reason exists, dissolve a trust, and may extinguish any liability of such trust to t'lc Crown,

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