Act No. 93, 1902.
An Act to provide for t he annual expendi tu re
of c£200,000 for a period of five years on
works of water supply, water conservat ion,
or i r r igat ion and of drainage ; for the const i
tu t ion of t rus t s to adminis ter t he same in cer ta in cases ; and to author ise the ra is ing
of t he said sums by loans, [5th December,
1902]
| Assembly of New South Wales in Pa r l i amen t assembled, and by the | BE it enacted by the K ing ' s Mos t Exce l len t Majesty, by and wi th | t he advice and consent of t he Legislat ive Council and Legis la t ive |
| au tho r i t y | of t h e same, as follows :— |
Preliminary.
1. This Act may be cited as t he " W a t e r and Dra inage
| " Board " means Board consist ing of t he U n d e r Secre tary of | t he |
| P u b l i c | W o r k s | Depa r tmen t , | Engineer - in-Chief | for | Railway |
| Const ruct ion , Governmen t Archi tec t , | Commissioner for | Boads |
| and | Pr inc ipa l Eng inee r for | Roads and Bridges , | P r inc ipa l |
Eng inee r for H a r b o u r s and Rivers, t he Pr inc ipa l Eng inee r for W a t e r Supply and Sewerage, and such other officer of t he Pub l i c W o r k s D e p a r t m e n t as may be appointed by t h e Governor ; and including where any work affects t he W e s t e r n Division, the Wes t e rn L a n d Board, as cons t i tu ted unde r the
| W e s t e r n | Lands | A c t | of 1901 . |
| " | M i n i s t e r " | means | Secretary | for | Pub l ic | W o r k s . |
| " O w n e r " m e a n s owner of any estate of freehold in land, | and |
inc ludes a mor tgagee in possession.
" Occupier " means person in ac tua l possession.
| " P r e s c r i b e d " | means | prescribed | by | th is A c t | or | t h e | regula t ions |
" Ratepayer " means person pay ing ra tes in respect of land wi th in
" S ta te work " means any work of water supply, wa te r conserva t ion, or i rr igat ion, or of dra inage proclaimed as such by the
| " The | r e g u l a t i o n s " | and | " the | b y - l a w s " | m e a n | respect ively | t he |
| regula t ions and by-laws made u n d e r | th is | Ac t . |
| " | T r u s t " | means | t ru s t | cons t i tu ted | u n d e r | th is | Act . |
| " | Trus tee " | m e a n s | m e m b e r | of a | t ru s t . |
| " T r u s t | d i s t r i c t " | means | area over | wh ich | a t r u s t | has | ju r i sd ic t ion |
| " W e s t e r n | Division " has t he same | m e a n i n g as in t he Crown | L a n d s |
Ac t of 1884.
| " W o r k s " | includes | any | n a t u r a l | or | artificial | condui t , | well , |
| appl iance, mach ine ry , or | s t r uc tu r e | pe r t a in ing | to or | used | in |
| connect ion | w i t h | a | t r u s t . |
3. (1) The Governor m a y raise in t he year one thousand n ine h u n d r e d and two, and in each of t h e n e x t four succeeding years , by t h e issue of deben tures or t h e issue of inscribed stock, secured upon the Consolidated F u n d of th i s S ta te , and bear ing interes t a t a r a t e n o t
| exceeding four per c e n t u m | per a n n u m , | a s u m no t exceeding | two |
| h u n d r e d | thousand | pounds , for | t h e purpose of car ry ing out works of |
| water supply , wa te r conservat ion or i r r igat ion, or of | dra inage . |
| (2) | The loans so au thor i sed m a y be negot ia ted whol ly or in p a r t |
in t he form of debentures or inscribed stock in t h e S ta te or in London a t such t imes and for such a m o u n t s as may be directed by t h e Governor .
| (3) | A n y stock issued wi th in t he S ta te unde r th is A c t shal l | be |
| styled | " N e w | South W a l e s F u n d e d | S tock ," a n d | shall , if sold | o therwise |
t h a n by tender , be purchasab le a t t h e Treasury upon any lawful day.
| (4) | The provisions of t h e F u n d e d Stock Ac t of 1892, re la t ing |
to t h e me thod of inscr ipt ion a n d t ransfer of stock, and t h e regula t ions unde r such Act , and t h e forms prescribed in t h e said regula t ions , are he reby declared to be applicable to , a n d shall be followed and used m u t a t i s mu tand i s in connect ion wi th stock issued wi th in t h e S ta te
| unde r t he provisions of th is | (5) I n respect of any stock issued in L o n d o n u n d e r t h e |
Ac t .
provisions of th i s Act , t h e Governor m a y m a k e regula t ions , no t be ing inconsis tent wi th t he provisions of t h e Inscr ibed Stock A c t of 1883, for ca r ry ing th is A c t in to effect; and such regula t ions shall be publ i shed
| in | t h e Gazet te and laid before P a r l i a m e n t wi th in fourteen days of | t h e |
| publ ica t ion | thereof, | if | P a r l i a m e n t | be | t hen | s i t t ing, and | if | P a r l i a m e n t |
| be no t si t t ing t hen wi th in fourteen days of the commencemen t of | t h e |
| n e x t session | thereof. |
(6) Al l moneys borrowed unde r this Act shall be paid to t he Treasurer , and shall be by h im carried to and form pa r t of t h e Genera l L o a n Account , and be appropr ia ted and applied, as requi red , to t h e works and services hereinbefore specified, or to any other du ly author ised Loan Services, in te rms of t h e A u d i t Act , 1902.
(7)
(7) Deben tu re s or stock sold or issued under th is A c t are he reby declared to be for all purposes Governmen t Securi t ies; and all corporat ions and o ther persons -whatsoever shal l have power to invest in t he purchase of such deben tu res and stock any proper ty held by t h e m , w h e t h e r as t rus tees or otherwise, which they are not expressly forbidden to invest in Gove rnmen t stock or securities, w i thou t on t h a t account be ing l iable as for a breach of t r u s t or i n c u r r i n g any liabil i ty
| whatsoever , | provided | t h a t | such i n v e s t m e n t | is | in o ther | respects |
reasonable and proper .
Stale works.
| 4 . The Minis ter may , subject to t he provisions of t he | Pub l i c |
| W o r k s Act , 1900, carry out a " Sta te work " unde r t he said A c t | out |
| of t h e funds raised under this Act , and may | ma in t a in and adminis te r |
and, subject as aforesaid, ex tend the same as he t h inks lit.
Works of water conservation costing five thousand pounds or less.
5. W h e r e the es t imated cost does no t exceed five thousand pounds t h e Min i s te r may , out of t he funds raised unde r th is Act , carry ou t a n y works of wa te r conservat ion t h a t he deems desirable, and m a i n t a i n and adminis te r t he same, and no cha rge shal l be m a d e for
| wa te r | supplied to t rave l l ing | stock | from | such works w h e n s i tua ted on |
or nea r to a n y publ ic h ighway : Provided t h a t t he Minis ter shall before ca r ry ing out a n y such works, where t he es t imated cost exceeds five hund red pounds , refer the proposal to t he Board and obtain the i r
| 6. | W h e r e t h e es t imated cost of a n y work of water | conservat ion |
exceeds live t housand pounds , and in respect of any works of wa te r supply, i r r igat ion, or drainage, t he Min i s te r shall notify in the
| Gazet te a n d in some newspaper | c i rcu la t ing in t he district affected | by |
such works proposals for t h e const ruct ion of such works , and t h e
| cons t i tu t ion | of | a | t rus t | for ma in t a in ing , | adminis ter ing , | and | ex tend ing |
7. A n y such proposal shall contain—-
| (a) | a description of the purpose for which it is proposed to |
| cons t i tu te | t h e | t r u s t ; | |
| (b) | | a | p lan a n d descript ion of the works and of t he land, w h e t h e r covered wi th wa te r or not , proposed to be t aken or acqui red for t h e purposes of such works and of the i r cost or es t imated c o s t ; | |
| (c) | t h e r a t e of interest , which shall no t exceed four per c e n t u m per a n n u m , and shall be paid by t h e t rus t on the ac tua l cost or on t h e es t imated cost, p lus t en per cen tum, whichever is |
| |
| (d) | the charges to he paid by the trust for water to he supplied |
| by t h e Crown and the condit ions of such | s u p p l y ; | |
| (e) | | t h e m a x i m u m ra te which m a y be assessed | by the | t r u s t ; | |
| (f) | | a descript ion of the t rus t | d i s t r i c t ; | |
| (g) | t he n u m b e r of t rus tees be ing e i ther th ree or five ; |
| (h) | | t h e n u m b e r of years wi th in which | t h e cost of | t he work | shal l | |
| be ext inguished by a s ink ing | fund. | |
| 8 . If, | wi th in e igh t weeks after such notification, a pet i t ion is |
presented to t he Minis te r signed by a t least one- th i rd in n u m b e r of t he occupiers of Crown land, inc lud ing homestead selectors, condi t ional lessees, a n d se t t l ement lessees, and owners of o ther l and w i th in t h e
| proposed t rus t distr ict , object ing | to t h e proposal , h e shal l refer | t h e |
| proposal to t he Board for i nqu i ry a n d | repor t . |
| F o r t he purpose of any such i nqu i ry such Board shal l have | t h e |
power to subpoena witnesses and t a k e evidence on oath .
| Eve ry person who w h e n | requ i red | by t h e Board | a t t ends as a |
witness shall be allowed such expenses as would be allowed to a witness a t t e n d i n g on subpoena on t h e t r ia l of an action in t h e Dis t r ic t
| Court , and , in case of | d ispute as to t h e | a m o u n t t o be allowed, t h e |
| same shal l | be referred to t h e Reg i s t r a r | of t h e neares t | Dis t r ic t | Cour t |
| who , on reques t u n d e r t h e | hand of t h e Cha i rman of | t h e | Board, shal l |
| ascer ta in and certify t h e p roper a m o u n t of such | expenses . |
9 . (1) I f w i th in t he said period no such pet i t ion is received,
or if t h e Board reports in favour of t h e proposal , wi th or w i t h o u t modifications, t h e Governor m a y cons t i tu te t h e t r u s t wi th such modifi cat ions of t h e proposal as t h e Board m a y recommend, or where no reference is m a d e to t he Board, w i t h such modifications as t he Min i s t e r
| (2) The cons t i tu t ion of t he t r u s t shall be notified b y | the |
| Minis te r in the | Gazet te . |
(3) U p o n such notification t h e conditions of t h e proposal ,
| w i th such modifications (if any) as aforesaid, shall be b ind ing on the |
| trust a n d on t h e Crown, and t h e | Minis te r may , out of t h e | funds |
| raised | u n d e r | th is | Act , ca r ry out t h e works described in t h e proposal . |
| 1 0 . | The Minis te r | may , out of t h e funds raised unde r th i s Ac t , |
| car ry ou t any work wh ich he is au thor i sed | to ca r ry ou t u n d e r | the |
| Pub l i c | W a t e r i n g | Places Ac t , | 1900, or t h e Ar tes ian Wel l s | Act , | 1897. |
| Completion | of certain works already | commenced. |
1 1 . (1) The Minis ter may , out of t he said funds, comple te a n y
| works of wa te r supply , wa te r conservat ion or i r r igat ion, or of | dra inage |
| unde r const ruct ion | a t t h e commencemen t | of th i s | Ac t . |
(2)
(2) The Minis te r may notify proposals for t he complet ion of a n y such work and for t h e cons t i tu t ion of a t rus t in respect thereof, and m a y notify proposals for t he cons t i tu t ion of a t r u s t in respect of any such work const ructed and u n d e r his immedia te control a t the c o m m e n c e m e n t of th i s Act , and in any such case t h e provisions of
| sections seven, eight , and n ine shal l he appl icable muta t i s | mu tand i s . |
| 1 2 . | E v e r y | work, | o ther | t h a n | a | S ta te work, wh ich t h e | Minis te r |
is au thor i sed by th is Ac t to car ry out shal l be carr ied ou t u n d e r t h e P u b l i c W o r k s Act , 1900, and al l t he powers and provisions of t he said A c t r e la t ing to authorised works shall be appl icable to such work, and for al l purposes of the said A c t such work shall be deemed to be an " author ised work , " and t h e Minis ter shall be deemed a " C o n s t r u c t i n g
| A u t h o r i t y " | wi th in | t he mean ing | of t he said | A c t : |
Provided t h a t no such work which interferes wi th a n y r igh ts unde r a n y l icense g ran ted by the C r o w n u n d e r t h e W a t e r E i g h t s Act , 1902, or any o ther Ac t , shal l be carr ied out un t i l and unless t he Min i s te r has given to t h e holder of such license t he following not ice of his i n t en t ion to car ry out such work, t h a t is to say—
| (a) | where the unexpired term of the license does not exceed five |
| years , | six | m o n t h s ' | no t i ce ; | |
| (b) | where the unexpired term of the license exceeds five years, |
| t w e l v e | m o n t h s ' | not ice. | |
| 1 3 . | The complet ion of | a n y works in respect of w h i c h a t r u s t is |
cons t i tu ted u n d e r th i s Act , and the cost of t he same shall be notified in t h e Gazet te , and the reupon the t ru s t shal l t ake over t he same, and t h e admin is t ra t ion a n d m a n a g e m e n t thereof upon the t e rms and condit ions prescribed, and shall exercise all t h e powers conta ined in th i s A c t excep t such as are conferred solely u p o n the Minis ter , a n d t h e
| in teres t and charges payable by the t r u s t shal l commence to r u n . |
| Alteration | of boundaries | of trust | districts. |
| 1 4 . | If two- th i rds in n u m b e r | of t h e | occupiers of C r o w n | lands |
inc lud ing homes tead selectors, condit ional lessees, and se t t l ement lessees a n d owners of o ther lands w ithin a n y area sign and forward to t h e Minis te r a pet i t ion t h a t such area be inc luded in a t r u s t distr ict ,
| t he Min i s t e r | shal l refer | t he proposed a l te ra t ion | to t he Board, | who, |
after g iv ing t h e t r u s t an oppor tun i ty of expressing the i r opinion, shal l repor t to the Minis ter whether in the opinion of t he Board t h e pe t i t ion ough t to be refused or g ran ted w i t h or w i thou t modifica t ions , whereupon the Minis ter m a y by notification in t he Gazet te a l ter t h e boundar ies of such district accordingly, or may refuse t h e pe t i t ion .
Appointment
| Appointment | and | election | of | trustees. |
| 1 5 . | (1) | Af ter the cons t i tu t ion of t h e t rus t , h u t before t h e | comple |
t ion of t h e works (if any) proposed to be const ructed, the Min i s t e r shall , by not ice in t he Gazet te , appoin t t rus tees a n d direct the first
| e lect ion | of t rus tees | in | p u r s u a n c e | of | th i s | Act . |
| (2) | W h e r e t h e t ru s t district consists whol ly of land acquired |
u n d e r t h e Closer Se t t l ement Act , 1901 , or any A c t a m e n d i n g t h e same, or unoccupied Crown lands, all t h e t rus tees shall be appoin ted by t h e Minis ter , a n d shal l , subjec t to t he provisions of th i s Act , hold office u n t i l half t h e land in t he distr ict is occupied by persons who are l iable
| to pay ra tes to t h e | t ru s t . |
| Thereaf ter , and in other cases where t h e n u m b e r of t h e | t rus tees |
is three , one shal l be appointed by t h e Min i s te r and two shal l be elected, b u t where t h e n u m b e r of t he t rus tees is five, two shal l bo appoin ted by t h e Minis te r and the res t shall be e lec ted :
| Provided t h a t where t he t r u s t district is in t h e western | division, |
t h e W e s t e r n Lands Board shall be sole t rus tees in l ieu of t he t rus tee or
| t rus tees hereinbefore | ment ioned . |
| 1 6 . | E lec ted t rus tees shal l be elected | for t h ree years a n d | shal l |
hold office un t i l t he i r successors are elected.
| 1 7 . | For | t h e purpose of t he first election of t rustees t h e Minis te r |
shal l p repa re a roll of voters , p lac ing on t h e roll t he names of the persons who in his opinion will be l iable to pay ra tes to t he t rus t , a n d t h e persons whose n a m e s are on such roll and no others shal l be qualified to vote a t t h e first election.
1 8 . For t he purpose of any subsequent election of t rus tees , a
rol l of voters con ta in ing t h e names of t he persons who are l iable to pay ra tes to t h e t ru s t shal l be prepared by the t rus tees , a n d revised in t h e prescribed m a n n e r by t h e police mag i s t r a t e hav ing jur isdict ion in t h e distr ict , before w h o m a n y person aggrieved by t h e omission or addi t ion of t h e n a m e of a n y person m a y appear and be heard , a n d t h e persons
| whose names are on such roll and no o thers shall be enti t led to vote a t | 1 9 . | Pe r sons on t h e | roll shall be ent i t led | to vote in t h e | m a n n e r |
a n y such election.
following, t h a t is to say :—
| (a) | In the case of a trust placed in charge of drainage work or i r r igat ion works , t he occupier of an area of land no t exceeding fifty acres shal l be ent i t led to one v o t e ; of an a rea exceeding |
fifty acres b u t no t exceeding th ree hundred acres, to two votes ; and of an area exceeding th ree h u n d r e d acres, to th ree votes .
| (b) | I n t h e case of a t r u s t in charge of wa te r supplies for domest ic and stock purposes , t h e occupier of an area of l and no t exceeding two thousand acres shall have one v o t e ; the occupier of more t h a n two thousand acres b u t not more t h a n t en thousand acres, two votes ; and the occupier of more t h a n |
| t en thousand acres, th ree votes. | 2 0 . | |
| 2 0 . | A n y person ent i t led to vote a t t h e | election of t rus tees | may |
he elected as t rus tee . B u t no person who has been convicted of a n y c r imina l offence shal l he capable of be ing appointed or elected or to act as a t rus tee , a n d where a t rus tee becomes incapable as aforesaid, his office shal l become vacant .
| 2 1 . | I n t h e first elect ion of | t rus tees | t h e | Minis ter shal l | appoin t |
| a r e t u r n i n g officer, a n d m a y for any succeeding election | appoin t | a |
| r e tu rn ing officer, | or de legate th is power to t h e | t rus tees . |
| The Minis te r | shal l appoin t | t he da te of a n y elect ion | and | t h e |
pol l ing places, and shall notify the same in t h e Gaze t t e and a local
newspaper .
2 2 . The mode of election of t rus tees shal l be as prescribed by
2 3 . A n y vacancy caused by the death , resignation, or incapaci ty
| of a t rus tee shal l be filled by a p p o i n t m e n t or election, as t h e case | may |
| be . |
| Powers | and duties of | trustees. |
| 2 4 . | The t rus tees | shal l be charged | wi th | the d u t y of | m a i n t a i n i n g |
| and | admin i s t e r ing | t h e works | of | wa te r | supply, | w a t e r | conservat ion, |
| i r r igat ion, | a n d | dra inage | men t ioned | in t h e | notification | cons t i tu t ing | t he |
| t ru s t | or thereaf te r | cons t ruc ted | wi th in | t he t rus t | distr ict . |
| 2 5 . | Trustees shal l have t he following duties a n d | p o w e r s : — |
| (a) | They shall maintain in a state of efficiency the works under |
| |
| (b) | | They shall f ix and | levy ra tes to provide | for t he | m a i n t e n a n c e | |
| a n d m a n a g e m e n t | of such works and for interest , charges, and | |
| |
| (c) | They shall keep proper accounts of all moneys received and paid. |
| (d) | They shall pay to the Treasury at such times as may be fixed b y t h e Minis te r t h e in teres t and charges payable by t h e m a n d m a k e due provision for a s ink ing fund, and all |
| carr ied by the Colonial Treasurer to a special accoun t to be | sums received on account of any such s inking fund shal l be | |