Water Boards Act Amendment Act 1942 (WA)
| 1942.] | Water Boards. | [No. 6. |
WATER BOARDS.
6° GEO. VI., No. VI.
No. 6 of 1942.
AN ACT to amend section one hundred and eight of the Water Boards Act, 1904-1941, and for other purposes incidental thereto.
[Assented to 31st October, 1942.]
BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—
| This Act may be cited as the Water Boards Act Amendment Act, 1942, and shall be read as one with the | Short title. cf. No. 10 of |
| 1941, s. 7. | |
| Water Boards Act, 1904-1941 (No. 4 of 1904 as amended by the Acts No. 4 of 1919, No. 16 of 1925, No. 26 of 1928, No. 25 of 1937, and No. 10 of 1941), hereinafter referred to as the principal Act. |
1.
2. Section one hundred and eight of the principal Act Aoinesndmit
| is repealed and a section is inserted in lieu thereof as Repeal and | new section. |
| follows:— |
108. (1) If money due for rates or water supplied Lainidf may be
| ||
| of three years or longer after the same be- came due and payable in respect of any land igeaelayeafrosr. the water board may cause a notice, in the | ||
| form of the Seventh Schedule to this Act, to |
| No. 6.] | Water Boards. | [1942. |
be published in the Government Gazette and
in a newspaper usually circulating in the water area district, three times, at intervals of not less than one week between any two publications.
| (2) | If the money due and expenses are not paid at or before the expiration of the time specified in such notice the water board may present a petition, in the form of the Tenth Schedule to this Act, to the local court held nearest to the office of the board, stating the imposition of the rate on the said land, the supply of water (if any), and the amount due for the same, the non-payment thereof, and the pub- lication of the notices aforesaid. |
| (3) | The magistrate of the local court, on being satis- fied of the proof of such circumstances, shall order the said land, or such part thereof as may be deemed sufficient to satisfy the money due, expenses, and costs to be sold by the bailiff of the local court, or by some other person, to be named in such order, by public auction, and the proceeds of such sale to be paid to the clerk of the local court. |
| (4) | The magistrate may, at the time of making any such order, give any directions that he may deem proper touching the time and place of such sale and the notices to be given thereof, and such directions, unless subsequently varied by the magistrate, shall be adhered to. |
| (5) | No neglect of any such directions shall in any wise invalidate any such sale ; but the person or persons neglecting the same may be ordered by the magistrate to make compensation, to be assessed as the said court may direct, to any person injured by such neglect. |
| (6) | A certificate of sale of any land, according to the form in the Eighth Schedule to this Act, made out by the bailiff or other person directed in the order of the magistrate to sell the same, shall be given to the purchaser ; and the Registrar of Titles, the Under Sec- retary for Lands, or the Under Secretary for Mines, as the case may be, on production of the said certificate, and of an office copy of |
| 1942.] | Water Boards. | [No. 6. |
the said order, and on payment of the proper fees, shall register the certificate of sale in like manner as a transfer of the land, and issue to such purchaser a certificate or other instrument of title, free from all encum- brances, other than a mortgage to the Agri- cultural Bank of Western Australia.
(7) The moneys arising from the sale of the land shall be paid into the local court and shall in priority to every mortgage, encumbrance, lien, caveat, judgment, writ, warrant or other charge, agreement, or process registered against or in any way affecting the land, and notwithstanding the disability of any person or any statute of limitations, be applied by the clerk of the court, under the direction of the magistrate-
Firstly-1n payment of the costs and ex- penses of the bailiff or other person of and incidental to the sale of the land:
Provided that, if the moneys arising from the sale of the land are insufficient to pay such costs and expenses, the same or the balance unpaid, shall be a debt due by the water board to the bailiff or other person aforesaid, and may he recovered by him accordingly.
Secondly—In payment of the costs and ex- penses of the water board of and incidental to the publication of notices and the petition to the local court for the order for the sale of the land.
Thirdly—In payment of all unpaid rates and taxes at the time of the sale due to or imposed in favour of the Crown hi right of the State or any department or agency of the Govern- ment of the State, and also of all moneys un- paid and due to the water board, and also of all unpaid rates due to or imposed by the municipal council or road board and the local authority under the Health Act, 1911-1937, in respect of the land at the time of the sale:
Provided that, where the moneys remaining
after the payments provided for firstly and
secondly herein have been made are not suffi-
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cleat for the payment in full of all the rates, taxes, and other moneys mentioned and pro- vided for in this paragraph, such moneys shall be distributed between the Crown, the depart- ment, the agency, the water board, the muni- cipal council or road board and the local health authority pro rata with the amounts of their claims respectively.
Fourthly—In payment of any moneys due under any mortgage to the Agricultural Bank of Western Australia.
Fifthly—In payment of all vendor's costs and expenses of and in connection with con- ferring upon the purchaser a clear title to the land.
Sixthly—In or towards the discharge of all or any other mortgages or mortgage or encumbrances or encumbrance proved to the satisfaction of the magistrate to exist over the land, due regard being had to the respec- tive priorities of any such mortgages or encumbrances.
Seventhly—In payment to the person who would but for the proceedings for sale be entitled to the land, or if there are several persons who would be so entitled, then to such persons in the proportions in which they would be respectively so entitled : Provided that, if any person is entitled to an estate in reversion or remainder in the said land, the money may be paid into the Supreme Court under section forty-six of the Trustees Act, 1900.
Provided that, with the consent of the Governor or of the Minister controlling any department or agency of the Government of the State (as the case may require), the magistrate may order that any unpaid rates and taxes due to or imposed in favour of the Crown or any such department or agency as aforesaid shall be postponed to or shall rank on an equal footing with the moneys unpaid to the water board in respect of the land sold, and such order shall be given effect to.
| 1942.] | Water Boards. | [No. 6. |
3. The Seventh Schedule to the principal Act is :ntreninett
amended by deleting from the form contained therein the Schedule.
words "Supreme Court" where they appear in line
fourteen of the said form and inserting in lieu thereof
the words "Local Court held nearest to the office of the
water board."
4. The Eighth Schedule to the principal Act is Angart
amended by deleting from the form contained therein the Schedule.
words "Supreme Court" where they appear in line four
of the said form and inserting in lieu thereof the words
| "Local Court held at | 7) |
| 5. | A Schedule is added to the principal Act after theJr._ | uceuedule. |
Ninth Schedule as follows:—
| TENTH SCHEDULE. | Section 108 (2). |
THE WATER BOARDS ACT, 1904-1942.
Petition for an Order for Sale of Land on which Moneys for Rates
or Water supplied are in Arrears.
| In the Local Court | In the matter of the Water Boards |
| at | S | Act, 1904-1942; and |
| In the matter of an application by the Water Board for an order for sale | ||
| of land for unpaid rates (or water | ||
| supply charges) |
| THE Petition of the said | Water |
| Board showeth to the said Local Court as follows:— |
1. Certain rates (or certain water supply charges) duly made on
assessments by the petitioner in respect of the land described in the became due and payable, and there is now due to the petitioner for and in respect of such rates (or water supply charges) on each piece or parcel of the said land, the sum indicated in respect of such piece or parcel in the said Schedule.
Schedule hereto, which said lands are situate in the
2. The petitioner has duly published the notices required by and
in accordance with subsection (1) of section 108 of the Water Boards
Act, 1904-1942.
3. The petitioner therefore prays that the said land may be
ordered to be sold pursuant to section 108 of the Water Boards Act,
1904-1942.
| No. 6.] | Water Boards. | [1942. |
SCHEDULE.
Reference to Volume
| and Folio of Title to | Name and | Rates (or |
| land if under the | Address of | Water supply |
| Transfer | of Land |
| Description of | rateable | charges) due |
| No. | Land. | Act, 1893. | Owner or | to the Water |
| Occupier | Board and in |
| of Land. | arrear. |
| Vol. | Folio. |
1
2
3
4
etc.
| The Common Seal of the | Water Board |
| Was hereunto affixed the | day of | 19. ., in |
| the presence of:— |
Citation of
| principal Act | 6. The principal Act as amended by this Act may be |
| as amended. | cited as the Water Boards Act, 1904-1942. |
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