Water Boards Act Amendment Act 1928 (WA)

1928.] Water Boards. [No. 26.

WATER BOARDS.

19°. GEo. V., No. IX XVI.

No. 26 of 1928.

AN ACT to amend the Water Boards Act, 1904.

[Assented to 27th December, 1928.]

Council and Legislative Assembly of Western Australia, inBE it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows :—

1.    This Act may be cited as the Water Boards Act Short MIL

Amendment Act, 1928, and shall be read as one with the

Water Boards Act, 1904, hereinafter referred to as the principal Act.

2.    In every case where the Public Works Department Water supply la

has expended or may hereafter expend money in pro- mleerulaturas1 4rd	maw of tanks, etc.
viding a water supply to supply the reasonable require- ments of ratepayers within the area to he rated, in apricul- tural areas, from widen works a supply of water is made available to consumers by any means, such works may
by Order in Council published in the Gazette be declared to
be water-works within the meaning of the principal Act, as amended by and subject to this Act, and in such case the following provisions shall apply :-

(a) A water area may be constituted to comprise all land within a prescribed distance from such waterworks ;

(b) The waterworks shall be deemed to have been duly authorised and constructed under the principal Act ;

(c) The Governor may authorise the Minister to exercise the powers of a Board within such area, including the power to make by-laws ;

No. 26.] Water Boards. [1928.

(d) An annual rate may be levied by the Minister on all rateable land within such area, and subject to this Act the provisions of Part VI. of the principal Act shall apply.

Provided —

(i) that where land is included in a rateable area which belongs to an owner who has at his own expense provided a sufficient water supply for his own exclusive use on such land, such fact shall be taken into account when assessing the rate chargeable on such land ;

(ii) that all land within the meaning of the words " rateable land " situated within the prescribed area shall be rateable, notwithstanding that the water is supplied at its source, without the laying down of mains, pipes, or other means of reticulation ; and

(iii) that such rate shall (except in the case of land within a townsite) be levied on an acreage basis, and may amount to but shall not exceed threepence per acre, and may within such limit be differentiated according to a pre- scribed distance of the rateable land from the source of supply ; and

(iv) that if a townsite is included within the pre- scribed area, such rate shall be levied within the townsite on the annual value of all rate- able land, at not exceeding ninepence in the pound ; and

(v)    that if a townsite is situated within the prescribed distance from the source of supply, and other waterworks have been or may hereafter be constructed under the principal Act within such townsite, the townsite shall be excluded from the prescribed area ;

(vi) that land held under any conditional purchase lease granted before or after the commence- ment of this Act under the Land Act, 1898, shall not be rateable under this Act during the first two years from the commencement of such lease ;

(vii) that land shall not be rateable in respect of the cost of works constructed prior to the 1st day of January, 1925.

Ro zn lations.

3. The Governor may make such regulations as may be

necessary or expedient to give effect to this Act.