Water and Drainage and Artesian Wells (Amending) Act 1906 (NSW)

482   Act No. 59, 1906.

TVater and Drainage and Artesian Wells {Amending).

Act No. 59, 1906.

W a ter and

An Act to make better provision for w ater con­ servation, w ater supply, irrigation, drainage, the prevention of floods, and the control of flood w a te rs ; to amend the W ater and Drainage Act, 1902, the W ater R ights Act, 1902, the Artesian W ells Act, 1897, and other A c ts ; and for other purposes consequent thereon or incidental thereto. [29̂ /̂ Decem­ ber, 1906.]

D ra in a g e	and
A r te sia n	W ells

(A m en d in g ).

TVE it enacted by the King’s Most Excellent Majesty, by and with i l the advice and consent of the Legislative Council and Legislative

Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

PART I.

P llE L IM IN A IlY AND GENEEAL.

Sliort title. 1. (1) This Act may be cited as the “ "Water and Drainage and Artesian ^Vells (Amending) Act, 1906,” and is divided into Parts, as follows:—

PART I.—Peeliminaey and geneeal—ss. 1-3.

PART II .—W atee and deainage—ss. 4-21.

PART I I I .—Aetesian wells—ss. 22-32.

Incorporation witli (2) Part I I shall be construed Avith the "Water and Drainage

Parts I I and I I I .

Act, 1902, and Part I I I shall bo construed Avith the Artesian "Wells

Act, 1897.

Constitution of

board.

2. (1) There sliall be a board consisting of the Under Secretary of the Department of Public Works, tlic Chief Engineer for Rivers, "Water Supply, and Drainage, the Executive Engineer appointed by the Governor to administer this Act, and such officer or officers of the Department of Public "Woiks as tlio Governor may appoint, and including, where any Avork is situate in tlie "IVestern DRision, the "Western Land Board constituted under the "Western Lands Act of 1901.

Its powers and (2) Such board shall have the poAA'ers and duties of the board

duties.

constituted "by the AVater and Drainage Act, 1902, and the powers and

duties of the board under this Act.

(3)

Act No. 59, 1906. 483

Water and Drainage and Artesian Wells {Amending).

(3) Tlie ddlnition of the hoard ” in the "Water and Drainage DefiniUon of

Act, 1902, is ropeah'd. "h'or tla; pnrjjosc of the said Act and this Act,

“ the hoard ” means tlie hoard constituted by this Act.

3 . ( 1 ) Dor the purposes of this Act and tlie "Water and Drainage i-owor of entry.

Act, 1902, the Minister, or any iierson au tho rised hy him, may enter any land and take levels and make surveys and marks, and lix pegs and stakes, and inspect any artesian rvells and works in connection therewith, and measure and take the pressnre of such Avells. And any jierson hindering him in the exercise of such power shall, on conviction, he liable to a penalty not exceeding twenty pounds.

(2) Any person Avho remove's, injures, or interferes Avith Penalty,

any mttrks made, or pegs or stakes fixed as aforesaid, shall he liable to

a penalty not exceeding fifty pounds.

PAET II.

"Wa t e r a x d d r a i x a g e .

4. In this Part, “ Principal A c t” means AVatcr and Drainage nefinition.

Act, 1902.

5. The ])rovisiotis of the Princijial Act relating to Avorks of Extension of

drainage are extended, and shall aiiiilv to AVorks for the prevention of i’'-incipai Act to ̂ I f I T 1 Hood preTcntion

floods and the control of Hood-waters.	works.
Por the purpose of carrying out this section, the Principal Act is amendt'd as mentioned in the Schednle to this Act.

6. In subsection one of section three of the Principal Act, the Ainendmontof

Avords “ one thousand nint' hundred and seven ” are substituted for the .

Avords “ one thousand nine hundred and two.” nncipa c .

7. Subsection three of section nine and section ti'u of the Amendment of

Princijial Act are amended h}̂ inserting the AA-ords “ or out of the

revenue account or the loan acianmt of the public Avorks fund” after	’
the AVOrds “ out of the funds raised under this Act.”

8. Section six of the Principal Act is amended hy omitting Amendment of

the Avords “ AVhcre the estimatt'd cost of any AVork of Avater conserva- o of Principal

lion cxcet'ds five thousand pounds,” and inserting the Avords “ In	'
respect of any Avork of water conservation, the Minister may.”

9. (1) The iMinister may notify proposals for the constitution Proposals in respect

of trusts and for the com])letiou of any Avorks Avhich at the commence-

meat of this Act avci'c in course of construction hy him, and such

trusts may he constituted and such Avorks may h(! completed out of funds raised under this and the Principal Act, or out of the revenue account or the loan account of the public AA’orks fund. The provisions of the Principal Act and this Part shall applv to such Avorks.

‘ (2)

484   Act No. 59, 190G.

Water and Drainage and Artesian Wells [Amending).

Works ccmpitt.'d.	(2) The IMiiiistcr mav notifv proposals for the constitution of a trust in respect of any Avork constructed and completed hy him before or at the commencement of this Act, and a trust may he constituted in respect of the same. Thereupon the trust shall take
OA'cr the administration and management of the Avork, and the
provisions of the Principal Act and this Part shall apply thereto, and the interest and charges payable liy the trust shall commence to run ;
ProAuded that no trust shall he constituted under this subsection for Avork in respect of Avhich assessments have been made and charges are payable under the Artesian AVells Aet, 1897, or the Water lliglits Act, 1902, unless Avith the consent in Avriting of tlie jicrsons—

(a) AA’ho constitute a tAvo-thirds majority of the total number of

persons liable for such charges, and

(b) AA'Iio arc liable for two-thirds in amount of such charges.

Certain Acts not to (.‘1) On the constitution of a trust under this section for any

apply.

Avork the provisions of any Acts other than the provisions of the

Principal Act and this Part shall cease to apply thereto.

Repeal. (4) Section eleven of the Principal Act is repealed.

Works not completed 10. AVhere any Avork in respect of Avhich a trust is constituted

taken over by trust. opinion of tlic Minister, so far constructed as to be of use to

the trust, that fact may be notilied in the Gazette, and thereupon the trust shall take OA'er the same, and the administration and management thereof, upon the terms and conditions prescribed, and shall exercise all the powers and discharge all the duties conferred and imposed by the Principal Act and this Part in respect of Avorks completed and taken oA'er by a trust, except such powers as are conferred solely on the Minister.

Amcndmeiii of	11. Section thirt('en of tlu‘ Principal Act is amended by omitting
pe'otion 13 of

Principal Act.	tbc Avords “ and the cost of the same” and hy adding the folloAving
proviso :—
Provided that the cost of skicli Avork may be determined by the Minister, and notified in the Gazette, at any time after the AVork has been completed and taken over as aforesaid; and this proviso shall apply Avhethcr the Avork AA'as completed hcforc or after the commencement of this Act.

Amendment of	12. (1) Section seventeen of the Principal Act is amended by
section 17 of

Principal Act.	adding the folloAving proviso at the end of the section:—
Provided that Aihen any such person is not resident in the trust district, but the property in respect of Aihich he Avould, in the opinion of the Alinister, ho liable to pay rates to the trust is administered under a power of attorney by a person so resident, the name of the last-mentioned person shall be placed on the roll in lieu of the name of the first-mentioned person.

(2)

Act No. 59, 1906. 485

Water and Drainage and Artesian Wells {Amending).

(2) Section eighteen of tlie Principal Act is amended hy

adding the following proviso at the end of the section :—

Provided that where any such person is not resident in the trust district, hut the property in respect of 'which he is liable to pay rates to the trust is administered under a power of attorney hy a person so resident, the name of the last-mentioned person shall he placed on the roll in lieu of the name of the first-mentioned person.

( 3 ) Section nineteen of the Principal Act is amended hy Amondment of

adding the following paragraph at the end of the section :— section i9.

(c) For the purposes of this section a person on the roll as administering a property under a power of attorney shall he deemed the occupier of the area of land included in such pro]H'rt\u

13. AVhen a trust under the Principal Act has any surplus Sale of surplus

water which is not required for the purposes for Avhich thi' trust was constituted, the trust may sell such water, hy measure or otherwise, to any ratepayer for any other purpose.

14. On notice, in the prescribed form and under the hand of the Power of AUnister to

nr* ' l l *	1	construct clianncls
Minister, being served	and embankments.

(a) jiersonally or hy post on the owner or occupier or person in apparent occupation of any land through which it is proposed to construct a channel or emhankment under the authority of the Principal Act or this P a r t ; or

(h) if the land is unoccupied, on the owner ; or

(c) if the owner is out of the State or cannot he found, hy posting a copy of the notice on some conspicuous part of the land,

the Minister, hy his officers and servants, may commence and complete such channel or emhankment through such land so as approximately to follow the direction as set out or described iu the notice, with such amriations as may be authorised under the said Act or Part.

15. For the purpose of the construction or the maintenance and Power to use land

repair of any ehannel or emhankment proposed to he constructed, or

constructed under the authority of the Principal Act or this Part, o r maintenance, and

to which the said Act or Part applies, the Minister or a trust having

the control of or carrying out such construction, maintenance, or

repair shall he deemed to have had and shall have power at any time

to enter any land within sixteen and a half feet on either side of the

centre line of a distributing channel, or site for the same, or within

lines distant sixty-six feet from the tap of each hank of a water

conservation or drainage channel, or site I'or the same, or any land

being an embankment or site for the same, aud use such land for the

said purposes, notwithstanding that no casement or right to so enter

or use such land mav have been granted or acquired.

' 16.

486   Act No. .59, 1906.

Water and Drainage and Artesian Wells [Amending).

As to compensation	16. No compensation shall lie payable or shall he deemed to haA'e been payable for the exercise of any powers conferred hy the two last preceding sections : Provided that where any such power is, after the commencement of this Act, exercised with respect to land which is cultivated or has buildings thereon, or Avhich is Avithin population boundaries, compensation shall he payable, the amount of Avhich shall he determined hy two arbitrators, appointed respectively hy the Minister and by the person OAAming the land or buildings, and hy an umpire appointed by such arbitrators, unless otherwise agreed hy and between the Minister and the said person. The provisions of the Arbitration Act, 1902, shall apply to any such arbitration.
Effect of Water
lliglits Act.	17. Nothing in the IVater lliglits Act, 1902, shall affect the exercise of the powers conferred hy the Principal Act or this Part in relation to a river or lahc, as defined hy the firstrnentioned Act, or shall affect the right of a trust to fi.x and IcA'y rates under section twenty-seven of the Principal Act and this Part.
Amendment of

section 27 of 18. The folloAving is added to subsection three of section

Principal Act.	tAventy-sev'en of the Principal A ct:—
“ If in any such appeal the police magistrate reduces the amount at Avhich the appellant is rated, he shall increase the other ratings of the trust in such amounts as he thinks just, where he considers such course necessary, in order to secure that the total amount to he rcceiA'cd hy the trust for rates shall not he diminished hy such reduction.”
Mungyer and
Neargo.	19. The amount for Avhich the trusts of the artesian avcIIs at Mungyer and Ncargo arc liable under the Principal Act as the cost of the said wells may he reduced hy the [Minister to an amount not less than the amount AA'hich the said avcIIs Avould have cost under a contract entered into at the time AA'hen the said Avells Averc sunk.
Euraba and Boomi.	20. Tlic charges Avhich, under the Principal Act, the Euraha and the Boomi Bore AYatcr Trusts are respectively liable to pay annually to the Crown for water supplied to such trusts from artesian avcIIs may he reduced hy the Minister to such amounts as he thinks fit, not being less than six per centum on tlic amounts Avhich the said wells Avould respectively have cost under contracts entered into at the respective times AAdien tlic proposals for the constitution of the trusts AA’crc notified
in the Gazette. -
M'orks tlirougli

Construction of 21. M’hcrc the Minister thinks it desirable that any Avorks in

rf t̂lier district. respect of AA'hich a trust is constituted or is proposed to he constituted should he constructed through the district of another trust, he may, on or after the constitution of the first-mentioned trust, and on giving notice to such last-mentioned trust, so construct such works and amend the boundaries of the respective districts so as to include

the

Act No. 59, 1906. 487

Water and Drainage and Artesian Wells {Amending).

the said works and such lands adjacent tlicrcto as he may think desirable in the district of tlu' trust for which the works have been or arc proposed to he constructed.

Such amendment of boundaries shall be notified in the Gazette.

PART III.

Autesian wells.

22. (T) No artesian Avcll shall he commenced or he enlara-cd, '̂'̂ esian wdis to bo - ^ ^ - - - - licensed.

deepened, or	he altered to increase the flou'- of ivatcr therefrom,
unless—

(a) in pursuance of a license under this Act; or

(h)	in pursuance of a writtt'ii contract, sîĵnt'd before the com­ mencement of this Act, and lodged with the Minister u'ithin fourteen days after such commencement;
(c)	in compliance until conditions imposed in an improi^ement lease granted before such commencement, and if notice of such lease is given to the Minister within fourteen days after such commencement; or
(d)	where the well is to he sunk, enlarged, deepened, or altered by the Croivn.

(2) If any person contravenes the provisions of this section, r.naity.

the said person, and the owner of the well in rcsjiect of ivhich the contravention has occurred, shall, on conviction, he liable to a penalty not exceeding one hundred pounds, and a further penalty of five pounds for each day during ivliich the contravention continues after such conviction.

23.                (1) "VYliere the ivork of sinking any artesian well ivas Wein commenced

being carried on but ivas not completed at the commencement of this mJaj of

Act—

(a)

the owner of or contractor for the work shall, ivithin tivo months after such commencement, give notice to the Under­ secretary of the Department of Public lYorks, in the form prescribed, of the locality, size, and proposed depth of the Avcll, and that the ivork was being carried on as aforesaid, and that he intends to continue and complete the work, and such other particulars as may be prescribed;

(b)

the work shall be completed in accordance Avith the notice aforesaid within twelve months after the commencement of this Act, or Avithin such further period, not exceeding twelve months, as the Minister, by writing under his hand, may in any case allow.

( 2)

488   Act No. o9, 1906.

Water and Drainage and Artesian Wells {Amending).

ren a llj.	(2) If, after the expiration of two months from such commencement, the ivork of sinking any such well is continued without any such notice having been given, or otherwise than in accordance with such notice or in contravention of this section, or if any of the prescrilied conditions are not carried out or are contravened, the owner of the well, and any person carrying on works at the well, shall, on conviction, he liable to a penalty not exceeding twenty pounds, and to a further penalty not exceeding two pounds for each day during which the contravention continues after such conviction.
Applications for	24. (1) Application for a license for any new artesian well, or for enlarging, deepening, or altering any then existing well, shall he made to the Under Secretary for Public "Works in the form prescribed, accompanied by the prescribed plans and descriptions, together with a statement of the purposes for which it is proposed to utilise the water.
licenses.

Notification of (2) On application being so made, the Minister shall cause

application.	to be advertised, once in the Gazette and once in a public newspaper circulating in the neigbbourhood where the well or the site for the well is situate, a notice of the receipt of tbc ajiplication, stating that on a day therein named, and at a place therein named within tbc land district in which the avcI I or the site thereof is situate, a puhlic inquiry will be held as to the desirability of granting the application.
Inquiry.	25. (1) The inquiry shall be held by the board, or by some person authorised by the board, and approved by the Minister. The
board shall report in writing to the Minister upon the inquiry.

Persons interested (2) All persons whose interests appear to be affected by the

jnay appear.	granting of the application shall be permitted to attend at the inquiry, and be heard in support of, or in opposition to, the granting of the application.
IssL’.c of license.	26. If the board reports in favour of the issuing of a license, the same shall be notified by the Minister in the Gazette, and the Minister shall, after the expiration of thirty days from such notification, issue a license to the applicant in the prescribed form, subject to such terms, limitations, and conditions, if any, as may be recommended in such report, and to such conditions as he thinks f i t :
Proviso.	Provided that before granting a license the Minister may require such alterations to be made in or in connection Avith the work, or in the plans and specifications of the same, as may be recommended by the said report, or as he may think fit.
Period of licen'C.	27. The license, if granted, shall bo granted for a period not exceeding tAventy-oigbt years, and shall (subject to the provisions of this Part Avith regard to the renewal of licenses, and subject to such limitations and conditions as the Minister may think fit to make) be reneAved by the Minister from time to time on the application of the person holding the license :

ProAuded that no rencAval shall be for a longer period than

fourteen years. 28.

Act No. 59, 190G. 489

Water and Drainage and Artesian Wells {Amending).

28. A license shall he deemed to he held hy and shall operate License to be for

for the benefit of the lawful occupier for the time hein" of the land	occupier
whereon the well is sunk or is proposed to ho sunk.

29. During the time that a license under this Part is in force i vn u i iy for

with respect to a well no alterations other tlian repairs or alterations

necessary for the maintenanc(^ of the Avcll or on account of any sudden contijivention of

or unforeseen emergency shall he made in or in connection with the

well, nor shall the water from the well he used for purposes other than

those authorised hy the license. Any person who contravenes the

provisions of this seetion, or contravenes or fails to earry out any

condition of the lieense, shall he liable to a penalty not ('xei'oding fifty

pounds, and a further penalty of five pounds for each day during Avhich

the contravention continues after such conviction; and in addition

to the imposition of the said penalty, the license may, hy notice in the

Gazette, he cancelled :

Provided that the holder of any such license may during the currency thereof apply for an amended license allowing altmutions in the well, and any such application shall he dealt with as herein provided in respeet of applications for a license in the first instance.

30. If the Minister is of oihnion that the water from any Waste of water of

artesian well is being wastefully or imjiroperly used, or is Peincr	'"'"s.
wasted, he may direct the partial elosing of such well, or direct such other precautions to he taken as he may dt'em necessary to prevent such improper use or waste.
Any ])crson refusing or neglecting to carry out any direction given hy the Minister under this section shall he liable, for every day during which such reftistil or neglect continues after such direction has been given, to a penalty not exceeding twenty pounds, and in addition to the said penalty any license issued under this Part in resjiect of such well may, hy notice in the Gazette, he cancelled.

31. On the rccei])t of a petition in writing hy the occupiers, Enonsion of ar™ of

owners, or mortgagees of any lands situate in the neighbourhood of an o'"

artesian well constructed under tlie Artesian IVells Act, 1S07, or any	’
Act amending the same, in respect of which charges are jiayahle under the said Acts, and on obtaining the consent in writing of the persons who—

(a)	constitute a two-thirds majority of the total nunihcr of those liable to pay charges as aforesaid; and
(b)	who occupy an area exceeding two-thirds of the total area in respect of which those charges arc payable,

the Minister may, hy notice in the Gazette, extend the supply of water from the well to the lands of the firstrnentioned occupiers, owners, and mortagecs.

Charges shall he assessed and paid in respect of such lands

under the said Acts.

490  Act No. 59. 1906.

Water and Drainage and Artesian Wells {Amending).

Kegulations. 32. The Governor may make regulations prescribing the forms

of licenses and renewals of the same, and for carrying out the provisions of this P a rt; and may, in such regulations, impose any penalty not exceeding twenty pounds for each breach of the same, or where the breach is a continuing one, not exceeding five pounds for every day during which the breach continues.

SCHEDULE.

Amendments o f Principal Act.

Section 3, subsection (1), section 6 and .section 24. After “ drainage” insert “ or for

tlio prevention of floods or the control of flood waters ”

Section 19. After “ irrigation works” insert “ or works for the prevention of floods or

the control of flood waters ”

Paragraph (c) of subsection (1) of section 27. After “ drainage” and o/isr “ drains”

insert “ or works for the prevention of floods or the control of flood waters ”