Water Conservation Act 1889 (SA)

ANNO QUINQUAGESIMO SECUNDO ET QUINQUA-

GESIMO TEK'I'IO

A.D. 1889.

No. 463.

An Act to amend " The Water Conservation Act, 1886."

[Asse~ t cd to, December &h, 1889.1

HEREAS it is desirable to amend "'The Water Conservation Preamble.

W Act, 1886"-Be it therefore Enacted by the Govcrnor of the

Province of South Australia, by and with the advice and consent of

the Legislative Council and House of Assembly of the said pro-

vince, in this present Parlianlent assernbled, as follows:

1, This Act may he cited for all purposcs as " The Water Con- Short title and

servation Arnex~~lment Act, 1889," and in this Act the term ' L the inkrp'ehtion.

principal Act '' means '( The Water Conservation Act, 1886," and	this Act shall be deemed to be and shall be read as part of the
principal Act.

A--463.

2, Act No, 438 of 1888, intituled '' An Act to amend the Water Repeal.

Conservation Act, 1886," is hcrcby ~.epealetl; but nothing in this Act contained shall aff cct any right accrued, any liability, f'orfeiture, or penalty incurred, or any act, deed, matter, or thing lawfully made, executed, or done before the passing of this Act, nor any legal pro- ceedings commenced or hereafter to be commenced with respect to such right, liability, forfeiture, penalty, act, deed, matter, or thing. Every advance and loan granted under the authority of the principal LoanB

principal

Act shall be dccmcd to have been granted under the authority of Act. this Act.

3. The Commissioner of Public Works for the time being shd1 Commissioner.

be the Commissioner for Water Conservation.

4. Section 4 of the principal Act is amended by striking out Amendment of

the words "situate within proclaimed hundreds" in the fifth and not. section 4 of principal

aixth lines thereof. 5. Section

52' & 53' VICTORIE, No. 463.

The Water Conservation Amendment A c t. 1 8 8 9.

Repeal of sec. 5,

principal Act. 6. Section 5 of the principal Act is hereby repealed, and the said Act shall be read and consfrued as if there werc inserted therein, in lieu of the section so repealed, the next following section:

Particulars to be in- 6,

Every petition for constituting a water district shall set forth the following particulars, and shall be signed by not less than three- fifths of the ratepayers within the proposed district, such ratepayers owning or occupying not less than half of the area of the land in such proposed district :-

serted in petition for

new water disttict.

I. The proposed name of the proposed district:

11. The boundaries of the propc,scd district, and of cvery district or part of a district (if any) sought to be included in the proposed water district:

l x r, The tots1 area of ratable property owned or occupied within proposed water district by every ratepayer signing the petition:

IV. The names of three persons (qualified, as provided in the principal Act, to become lncmbers of a Hoard) iromimted by t,he petitioners for appointment by thc Governor to the first Board for the proposed district:

v. A preliminary description setting forth tlio wliole scheme and purpose of the proposed works:

vr. An estimate of the cost of such ~vorks and of tlw annual

charges necessary for the maintenance arid management of

such works:

V I I, A statement as to what amount of money it is proposed that

the Board shall - borrow from the Commissioner:

v m. What (if any) portion of the works the petitioners dcsirc

shall be constructed by the Conmissioner, arid whether

IX. The powers of rating that the petitioncrs prol)osc thc 13oarcI	the Board would be prepared to take control thereof anrl pay interest on the cost thereof on completion:
shall be authorised to exercise.

Petition of owncrs of

land.

7, Before any district or Board can bc coilstituterl or al)poiuted, a petition from owners of laud for the constitution a d appointmellt of such district and Board shall be presented to the Governor praying that the scheme or plan of works set out in the petition lmwntecl as before provided rrlay be adopted in part or in whole, and for this purpose omncr shall include the person for tlle time being receiving, or entitled to receive, the rents of any lands, wlletlier on his o\vn

acco~mt, or as agent, trustee, or attorney for any other person.

Nature of such peti- 8, Such petition from owncrs of land shall contain, or be accom-

tion. panied by, the particulars hereinhefore required to be contained in

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The Water Conservation Amendment A c t. 1 8 8 9.

or to accompany the petition of ratepayers presented as before pro- vided, and shall also contain a statement of the arm of land in the proposed district owned by each person signing such petition, and shall be signed by an atmlute majority of the owners of land in the district proposed to be constituted, such majority being owners

of at least half the ldnd in such proposed district.

9, Every such pctition from owners of land shall be accompanied Evidence in ~iupport

by a declaration by some person signing the petition verifying the signatures thereto, and every such petition shall be published for three consecutive weeks in the Governmettt Gazette.

10, Section 9 of thc principal Act is amended by striki.ng out Amendment OS

the words '! On address from either House of the Legislature " in Act,	sectlon 9 of principal
the first and second lines thereof.

said Act shall bc read and construed as if there were inserted of the prinaipal Act. 11, 8ection 73 of the principal Act is hereby repealed, and the Repeal of section 73

therein, in lieu of the section so repealed, the nest following section.

12. The Governor may wholly, or in part, disallow any such Governor may

waterworks, or may direct that thc said works, or m y portion proposedbyloard, or disallow waterworke

thereof, shall be constructed by the Comnlissioner, and may require direct their construction by that any waterworks approved by him shall be carried out under the commiaaioner. supervision and direction of such officer as he may direct; and a11

accounts for payment for works so carried out shall, when certified by such officer, be deemed loan moneys advanced for such works, and shall bear interest accordingly. All works constructed as aforesaid by the Commissioner shall remain under the sole control and management of the Commissioner fbr the purposes of this and the principal Act, mci shall absolutely vest in the Commissioner, or, subject to the approval of the Commissioner, may be lxinded over to the control of any Board.

13, Section 75 of the principal Act is amended by striking out Amendment of

the words " Ten Thousand " in the third line thereof, and thc said

"inci~al

section shall be read and construed as if there were inserted therein

in lieu of the words so struck out the words " Five 'I'llousand."

14. Section 76 of the principal Act ig amended by striking out ~lnendrnontof section

the words " one-fourth " in the second linc thereof, and the said 7 G of principal Act.

section shall be read and construed as if' there were inserted therein

in lieu of the words so struck out the words one-half."

said Act shall bc? read and construed as if there were inserted there- of the principal Act. 15. Section 77 of the principal Act is hereby repealed, and the Repeal of section 77

in in lieu of the section so repealed the next following section.

16, Every advance and loan under this Act to a Board shall Loanstobearinterest.

be applied by the Board for the particular purposes for which the same was rnadc, and shall be a debt due from such Board,

and

52' & 53' VICTORIE, No. 463.

The Water Conservation Amendment A c t. 1 8 8 9.

and shall bear interest at the following rates, namely :--For the first year, the rate of One Pound per centum per annum; far the second year, the ratc of Two Pounds per centum per annum; for the third year, the rate of Three Pounds per centum per annum; for thc fourth year, the rate of Four Pounds per centum per annurn; and for the fifth and each subsequent year, the rate of Five Pounds per centum per annum, such yearly periods to be computed from the time when such advance or loan was made. All interest accruing on any such advance or loan up t'o the time vhen thc Board shall have power to levy the rates within their district, in respect of any particular waterworks, as hereinafter provided, shall be capitalised and added to the advancc or loan, in respect of which such interest has accrued, and interest at the rate aforesaid on the whole debt so computed shall thereafter be

payable half-yearly in advance.

Amendment of seo-

tion 162 of the	17. Section 152 of the principal Act is amended by striking out the words "in all proclaimed hundreds" in the third line thereof, and the said section shall be read and construed as if there were inserted therein in lieu of thc words so struck out the words C L in any portion of the province."
principal ',Act.
Power to lease and

surrender. 18. The Commissior~cr may grant leases for any terms not

exceeding twenty-one years of any lands, waterworks, powcrs, or premises vested in him or under his control, and may accept surren- ders of any such lcascs, and such leases and surrenders may be granted and accepted on such terms as he may think fit.

Perpetual leases.	19. The Commissioner may grant perpetual leases of any lands, waterworks, powers, or premiscs vested in him or under his control,
and may accept surrender of such leases.

Rent bow fixed. 20. The rent reserved by any perpetual lease for the first twenty-

one ycars of the lease shall be dccided by the Commissioner. The rent

fbr every subsequent twenty-one years of the lease shall be fixed by re-valuation, as hereinafter provided, at least twelve nionths before the expiration of every such period of twenty-one years.

Mode of 10-wtluution.	21. Evcry re-valuation of rental under the last preceding section shall be made by some person to be appointed by the Governor, and the amount thcrcof shall be subject to approval by the Governor: J-'rovided that such re-valuation of' rental shall be fixed without taking into a,ccuunt the va'luc of the improvements made by the lessee.
Notice of re-valuation

of rent to be given to 22, Notice of the amount of every re-valuation of rent under the

leasee. last two preceding sections shall forthwith be given by the Commis- sioner to the lessee, who shall, within six months after the receipt of any such notice, signify to the Cotnmissioner, in writing, his accept- ance or refusal of such re-valuation.

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The Water Conservation Amendment A c t. 1 8 8 9.

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23. In case any lessee under perpetual lease shall not, within six	petual lease not
Lessee under per-

months after notico t o him of any re-valuation of his rent, signify to

acceptingre-valuation

the Commissioner his willingness to pay the rent as so fixed, his lease

to forfeit lease.

shall cease and de terinine at the expiration of the then current period

of twenty-one years of his lease.

24. On or at any time within six months before the cesser or	or on foz-feitum, &C.,
On refusal to accept,

determination of any lease, as mentioned in the last scction, or the

new lease to be

offered at rent to be

slurender or forfeiture of any such lease, a new lease or leases of the

fixed by Commis-

land shall be offered in manner provided by the regulations for the

sioner

time being in one or more blocks at the rental fixed by the

Commissioner, as hereinbefore provided.

25. The value of the improvements made by the outgoing lessee	valued, and amount
In-.provements to be

shall be paid to the Comrnissioner by the incoming tenant at the	thereof paid to
time of purchase of such perpetual lease, at a price to be fixed by	outgoing lessee.
vduation to be made in the manner prescribed by the Crown Lands Act, 1688,'' for valuation of improvements on perpetual leases, and the amount thereof, when received by the Commissioner, shall be paid by him to the outgoing lcssce.

26. I n the event of the lease referred to in the preceding section Valuation of improve-

remaining undisposed of for a period of three months from the reducedby the ments may be

time when the said lease was re-offered for sale, the Commissioner Commis~lone~.

may, from time to time, reduce the amount of the valuation of the

improvements as he may deem proper, and may re-offer such lease

subject to the payment of such reduced amount for improvements;

and such reduced amount, when received by the Commissioner, shall

be the amount payable to the outgoing lessee in respect of such

im provcments as aforesaid.

27, The Commissioner may, from time to time, make, amend, Regulations.

and repeal regulations for defining the mode of disposal of lands vested

in the Commissioner, the size of blocks, the amounts to be paid for

rents and charges, the maximum area to be held by one person, and

generally for more effectually carrying out the objects, purposes,

and provisions of this Act, and every regulation made under this section shall be publishcd in the Government Gazette, and shall, from the date of such publication, have the force of law, but all such regulations shall be laid before Parliament within fourteen days after the publication thereof if Parliament be then sitting, and if Parliament be not then sitting, within fourteen days from its next sitting for the dispateh of business.

I n the name and on behslf of Her Majesty, I hereby assent to

this Bill.

KINTO RE, Governor.

Adeldde : By authority, n. F. LEAD==, Government Printer, North-terrace.

B--463.