Waterworks Act 1882 (SA)

ANNO QUAURAGESIMO QUINTO ET QUADRAGESIMO

SEXTO

A.D. 1852.

No. 269.

Preamble. 20. Reinstatement of etreets.

PRELIMINARY. 21. Penalty for delay in reinstating streets.

1. Short Title.

22. Othcr persons may reinstatc streets.

23. l 'oaw to take teniporary possesvion of lund.

24. Commissioner to eeparate lands before using

them.

PART I. 25. Compensation to hc made for temporary occu-

llEPEAL AND INTERPPETATION. pation.

2. Repcd, &c. 26. Waterworks, &C., to be the property of the

3. Saving proceoding~ under repealcd Ac~s. Camruissioner.

4. Interyrctation.

27. Consolidation qf construction accounts.

28. Pt~yments may be made by Commissioner.

29. Commissioner may dclegate his powers.

PART 11. 30. Powcr to lease and sell surplus lands and

CONSTITUTIOS O F JI'ATER nISl'R1CTS ASI) property.

3 1. Power to erect standpipes and sell water.

ISCOX~POl lATEOS O F ACTS. 32. Power to make agreement to supply water by

6. Constiti~tion of water districts. measure.

G. Incorporation of Lands Clauses Consolidation

Act.

PART IV.

PART IIX. SUPPLY OF WATER AND PIIOTECTIOS OP

ISCORPGRATIO?I, XIGIITS, AXD POWERS 01: THE FITTTNQS AXD NOILILR.

COMMISSIOSEK. 33. Free supply to the City and Port Adelaidc

7. Commissioner of I'nblic Works to be Corn- Corporations for pablir, purposes.

missioner of Watorn-orks. 34. Commissioner to fix public fireplugs in the

8. Commissioner to be a body corpornte. mains.

9. Power to appoint officers. 35. Fileplugs for mnnufilctorie~, &c.

10. Power to make by-laws. 36. Pipes to be kept chargcd and water talxn for

11. Power to make contracts. fires.

12. rower to do certain acts and execute certain 37. Conatant supply of water to he rhstributed.

works. 38. Power to compel consumer to takc u.atcr by

13. Vlwn lands to revert to Coiporation.~. measure.

14. Construction of accornmodntion works. l 33 Water supply may be cut off from unoccupid

15. Penalty for obstructing constructiol~ of works innds.

16. Yennlty for illegally d~verting	water.	40. 'Power to lcsscn or discontinue sllyply.
17. I'enaky for destroring works.	41. Supply to p-oups of houses.
18. Power to break up streets.	4'1. Comniiusiuncr, on request, to: iy communica-

19. 1'1 k r notice to be given. tion pipe from mdn.

43. 3-Q

45O 6i 46" VICTORIE, No. 269.

The Waterworks Ad.-1882.

48. No glspipc to bc? laid in same treuch with 75. h'otice of alteration of assessment to lie pub-

aa tc r main, and no tramrail to h laid lished.

along line of main pipe. 76. Appeals against assessments.

44. Commissioner may lot meters.	77. Appeals against alteration of assessment.
45. Meters, &C., of Commissioner not distrainable.	78. Local Courta to be Courts of Appenl.

46. KO	person but the Commissioner t o provide,	79. Hearing of appeal.
fix, repair, or interfere with meter.	80. Local Court may state case for Supremc Cortrt.

47. Penalty for any other person than Commis- 81. Right to rccover water rates not to bc sus-

sioner fixing, repairing, or interfering with pended by appeal.

meter. 82. Scale of water rates.

48. Consumer to keep pipes and fittings within his 83. Power to reduce scale of water rates.

premises in repair. 84. Collect& to leave particulars of watcr rates.

49. NO pipe or fitting to be connected or discon- 85. Property exempted from rates.

neeted, or altered, without thc consent of 86. Land to be subject to wntcr rates whenever

the Conrmibsioner. main laid.

50. X'one but prescribed fittings, Bc., to be used. 87. Water rates to 1e payable so soon as main

51. Potrer to enter and examine whether water is laid down in f iiture.

mastcd, &C., and whether fittings are in 88. Where several houses supplied by one pipe

order. each to pay water rate.

62. S o pipe or fitting to be taken in execution, or 89. Collector may give notice to pay rents when

under distress for rent. aa te r rates payable by owner are in arrear.

53. Penalty for using unauthorised fittings. 90. Water rittvs to be a ~ h a r g e on the land.

54. l 'endty for breaking valves, Pc. 91. Water rates recoverable from oxner or occu-

5.5. Penalty for contravening this Act. piw.

66. Penalty for wasting watcr, not repairing 92. Power to diatrain for water rates in nrloar.

fittings, &c. 93. Tenant paying water rates due by his land-

57. Commissioner map cut off water on non- lord may recover same.

D~I-ment of water rates, or breach of the 94. Tenant may recover portion of water rate in

j?rovisions of the Act or by-laws. certain cases.

53. Penalty for unlawfully taking wntcr. 95. Lands luny be sold \vhcn water iates are in

FoZlzcting TPnter nrreiir.

59. Pcnnlty for bathing in water of the Commis- 96. Lessee nmy rerorcr half cost of service pips,

sioner. BC., when lease has less than five years to

GO. Penalty for throwing dirt therein. v n. - -

61. Penalty for allowing foul water to flow there- Net proceeds of ratcs to be paid to Treasurer.

into. Annual accounts to be published.

62. Penalty for nuisance in watershed.

63. Penalty for permitting substances produced in

making gas to flow into works.

61. Penalty in gasmaliere causing water to bc PART VI.

f oulerl. LEGAL PROCEDURE.

CR. Power to examine gaspipes to ascertain cause 90. Appropriation of moneys recovered undcr this

of water being folded. Act.

100. Prosecutions and recovery of fines.

101. Sppcal from order of Judges.

102. Register of meters to be prirnd facic evidence.

PART V.

103. Persons liable for penalties.

104. Distress not unlawful for want of form.

ASSEBSYEST, RATING, AND RECOVERS 0k RATES. 106. As to proceedings against persons acting

66. Annual assessment to be made. under this Act.

67. Appointment of assessors and adoption of 106. Tender of amenda.

assessment. 107. Transient offendern.

G$. Power to inspect assessment-looks. 108. Gazette to be e~idencc.

69. Penalty for not permitting inspection of

assessment-book.

i O. Annual value of land, how estimated.

71. What knd shall be assessed. PART VII.

POWFZ TO LEASE WATE~WORXB IN OUTLYISG

72. Deposit of assessment-book, interested persons

may inspect. DISTRICTS.

73. Certain lands may be assessed after general 109. Power to lease.

yearly nssessment has been made. 110. Powcr to accept surrenders.

74. Assessment-book may be corrected. 11 1. Power of lessees,

A11 Act to nmcnd and consolidate the Laws relating

. to Water Supply.

[Assotted to, Novenzder r~t lz, 1882.1

W RF,REA%S Governor of tlw Provincc of South ~Iustralin, by and with thr relating to mi~tcr supply--T3e it therefore Enacted by the it is cxpcclic.nt to alncnd and consolidntc thc laws Prenmblc.

advice and consent of thc Iqislativc Council and House of Assembly of tllc said prori~ce, in this prcscnt l'arliament assemblccl, as follows:

1. This Act may bc cited as Thc Waterworks Act, 1882." I t s "~ r t t i t l c -

shall bc divided into parts rclnting to the following subject nmtters-

I I.--Rcpcd and Lntcqwc:tation, soctione 2 to 4:

PART HI.--Incorporation, Rights, and l'owcrs o i tllc Commissio~w,

sectio~is 7 to 31:

PART IV.-Supply of Wntcl: i ~ ~ l t l l'rot~ction of Fittings and Works,

sections 32 to 64:

PART v.- Asscssmcnt, l t~ting, and Recovery of llatcs, scctiol~s

65 to 97:

PART vr.-Lcgnl 1'1.ocwlnrc. scc tioils 98 to 1 U'i :

2, 'I'hc scvural Acts mentiotlcd iu the First 8chcdule hereto arc Repel, &c.

hereby rcpealccl.

3, Sotlling hcrcin contained shnl l affcct the validity of any saving yrocoetlings

pwlarnation, a s~cs~mtn t, bond, act, t'lccd, matttr, or thing h w f d y under repealed .\eta.

made, cxccutcd, or clone under or by virtue of the said rcpcalcd Acts, or ;my or them, or of x n j r regulations lawfully rriade in prlrsuarlcc of such Acts, o r any of tllein respectively, or ~)revcnt,

ally pc11dty bciug iinpowd, (~nforc~d, or recovered, or any l ~ ~ r l i ~ l l:

nlent being inflicted f'or any off'cnrc hcretoforc committed agniust

any of the said Acts or r~gulations.

l ' a n ~ 1. construction, the follo\v illg t~rl l ls in in~cr ted con1rn:ts shrill have the

respective meanings hereafter assigned to tlmn, that is to say--

Commissioner.	Commissioner " shall mean the Commissioner of Waterworks:
Consumcr.	Consumer" shall mean any person supplicd with watcr U ~ C ~ C P

this Act :

Fittings. Fittings " shall inc lud~ communication pipes, standpipes, and

all other piyes, ancl also all cocks, vah~es, siphons, cistcms, and other apparatus usecl or intended for thc supply of water under this Act by thc C)ornmissioner to a consulncy, 2nd for that purpose placed in or upon the lancls or premises of tllc consurner:

Justices. Justice" shall mean any Justice of the l'cnce for the pro\-ince:

Land. '"and" shall include lands. tcwemcnts. and heretlitamcnts of' any

tenure:

Ownef' shall include the person for the time bcinq recci~iop,

or entitled to receive, tlw rents and profits of any lal~cl,

mcssuages, or llcrcdit:mlents, whether on his own accoui~t	or
as ;ig:'cnt, lmstce, or attorilcy:

Premises. I+~inises" shall lnean ancl include any house, and m y public or private building whatsoever, ancl any part of any l~ouse or bidding, ;md any gart1c.n. stable, yard, or otlwr ofIiccs used togetlic~ or in raunnec tioil mi th any house or Imildiug, and

c.1 cry part t h c ~ ~ d :

Streams. 6 4 Streams" shall include sp-ings, Iakcs, brooks, m d lsivers, and

other running watcrs:

Street.

Vacant land. V:ic:i,nt Im~ci" shall menil unoccu1)icd land \vliic+ is not built

upon. ancl which is not appurteilmlt to, or used ill connection

I\-itli, m y bnilcling, and wlwthc~ snch lilr~d is i w t d 10r the

1 ~ w p o s t ~ of (lcpwstnring cattle thcrcoxi or othr nvise:

" Water lh t r ic t" shall mean and inclntlc tlic Ilistrict of Acic- lnidc, described in the Second Schetlnlc hereto, ancl CVCYY other district to he proclairnocl fiom time to time undcr this ,4ct within which watcr is to bc supplird:

Water rate. Watcr Rate" shall inclucle cwry rent pay;hle, ancl every reward

or payment to bc mndc, whether uidcr agreement or otl~cr-

wise, to thc Commissioner, for a supply of water from the

water.works for any purpose whatever.

45" cY: 46" VICTORIE, No. 269.

The T.Yatcworks A c t. 1 8 8 2.

PART 11. PART zr.

CONSTITUTION OF WATER DISTRICTS AND

IiYCORPORATION OF ACTS.

published in the Gocenznlest Gazette, declare any district, place, or districts. 5. The Governor may from time to time, by Proclamation to be constitution of water

town, to be a water district for the purposes of this Act, and may define thc boundaxies thereof. And may in like manner add to or altcr the boundaries of any such water district.

6, The Lands Clauses Consolidation Act (except the l loth, Incorporntion of Lands Clauses

Consolidstion of this Act. The Commissioner may, undcr thc Acts so incorpo- rated, take and acquire, either con~pulsorily or by agreement, all such lands and easenlents in or over any lands within or outside any water district which he may require for the purpose of constructing, completing, or cstcnding any waterworks heretofore authorised, or which may hereafter 'be authorised, or for the construction or extension of which moneys shall be voted by Parliament.

ll4tl1, 115th, 116th, 117th, and 118th sections thereof), and the

PART 111. PART III.

INCORPORATIOX, RIGHTS, AND POWERS OF THE

CORfMISSIONER.

7. The Commissioner of Public Works for the time being shall & , : ; ; ; o $ $

be the Commissioner of Waterworks.

Commissioner of

Waterworks.

8. The Comwissioner and his successors in office shall be a body Comrnissiong to bg R g body corporate.

corporate, under thl. name of 'c The Comlnissioner of Waterworks,

and by that name shall have perpetual succession and a seal, and

shall sue and be sued, and shall have all the rights, powers, duties, authorities, and liabilities now vested in or appertaining to or binding	on the Conln~issioner of Waterworks existing at the time of the
coin~nencemcnt of this Act, except so far as the same are or shall be by this Act, or by some Act hereafter in force, expressly varied or altered. and by that name shall ancl may accept, purchase, hold, enjoy, sell, and dispose of any lands and easements ill or over any lands and personal property of every kind for the purposes of this Act. All real and personal property and the benefit of all con- tracts and all choses in action, and all easements, rights and privileges vested in or belonging to the Commissioner of Public Works and
thc Commissioner of Traterworks under the said repealed Acts shall
vest in and belong to the Commissioner under this Act, and all actiom and liabilities which might have been maintained or enforced by or against the Commissioner under the said repealed Acts (or any of them) may be maintained or enforced by or against the Com- missioner under this Act.

9, The

PART 111. Q. The Commissioner may from time to time, for the purposes of

l a ~ m	to appint	this Act, appoint m y officers a n d servants, and may at his discretion
of8cem.	dismiss such officers and servants ancl appoint others in thcir stcnd.

Foffer to make by.

lms. 10. The Commissioner may from time to time make, alter, ancl

repeal by-laws-

I. For regulating the conduct of the officers and servants nppointcd or employed undcr or for the pnrposcs of this Act:

11. For regulating thc form of coiitracts to be cutcrcd into with him, and generally for carrying into effcct the lmr- poses of this Act:

111, For determining, mnking, levying, and collecting thc matcr rates to bc paid in each watcr district, except the Adclaide water district, in respect of lands a i d tcilcmcnts liablcl to

be rated under this Act:

m. For fixing thc terms and conditions upon which lic will

supply water:

v. For fixing a scale of charges for watcr supplied i11 each

district by measurc, and a minimum quantity of water to

bc chargecl for where water is SO suppli~d :

W. For determining thc times at which any charge for water supplicd under agrccmen t shall bc p&~l)le? wllctllcr in ttdvancc or otherwise:

vrr. For imposing an extra charge fbr wntcr sul)plj- in p1nc.c.s

distant more than fiftc~en j-ards from thc main p i p:

vr r I. For regulating the numbcr, form, material, rlirncnsions. con-

struction, awl arral~gcrnent of pil~us, fittings, a i d ot liar

works supplyinw watm f'1m1 t l ~ c p i p o f I t w C'ornmivioilcr

*.

to adjacent premrscs; the time of cstmting and thc notices

to be given for such works; the supc~intcnc1cnc.e tllrreof;

the nlaking gocd and ~ l ) l i ~ c i n g ground which may he

disl~lncetl in the cowsa of such works, and for inepccting, at wasonable timcs, pipes imti fittings, whctl~er si t.u:itc within any buildings or otllcrmisc:

1s. For regulating the construction, disposition, and insncction

of meters:

X. For rFguluting the quantity of water each customer is in

each year cnt.itlcd to use in respect of his ratcs:

XI. For preventing the waste or ~iiisusc of water, whether

supplied by mctcr or otherwise:

srr. For compelling porsons using water supplied by the Com- missioner to Irccp thcir pipes, fittings, r~ud other ~pplinnccs

in proper repair; for prcvcntincr h any alteration of, or

i:ltr\rfi.rcnce with, srwh l~ilws or i~t?ings witliout t11v con-

MYlt

45' & 46" VICTORIW, No. 269.

The Waterworks Act.--1882.

sent of or notice to the Commissioner; for repairing such

Y*m 111.

pipes, fittings, and appliances so as to prevent waste of

water, and for recovering the costs of such repairs:

XI I I. For preventing unauthorised persons using, directly or

indirectly, water supplied by the Commissioner:

xlv. For licensing competent plumbers a d for cancelling such

licences, and also for preventing any other than- licmscd plumbers from fixing, altering, or repairing any pipes, fittings, or meters connected with the pipes or works of the Commissioner; and fining licensed plumbers for breach of any of the regulations:

W. For preventing persons from wilfully or negligently breaking, injuring, or from interfering with any pipe, lock, cock, valve, enginc. or work belonging to thc Commissioner,

a n d from doing any other wilful act whereby the water

supplied by the Comnissioner may be wasted.

'Uhc Coinmissioiler may, by such by-laws, impose such reasonable penaltics as he may think fit, not exceeding Twenty l'ouncls, for any broach of such by-law, and, in case of a continuing offence, a further penalty, not exceeding Fiw Pounds, for each day aftcr notice of such offence shall have been gi~rcn by the Commissioner to the ofknrlcr; and every such by-law shall, after it has been approved by thc Governor and published in the G o ~ ~ r m r n e n t Gazette, have the force of law, and be binding upon a i d be observd by all pcrsons,

m i t l shall be sufficient to justify all porsuns acting :.illcler the same.

Thc pmhr t inn of the Gowrnme~~ t Gnzette containing auy such bp-law s l d, in any action at law, or any other ~~rocccdings, ancl in all courts, be sufficient evidence that such by-law, as it is printed in such

Gu=ette, has been duly made illlil publislled its hereinbefore provided.

11, The Con~niissioncr may malro ancl cntcr into any contracts Power to malx con-

;xnd agreements with any person for the purchase of a r~y lancls or tracts.

casements in or over m y land, or for any materials, and for Ihe con- strlrction of any worla which shall be autliorisecl to be inade uncler

and in pursuance of the provisions hcrcof, ancl all such contracts shall

bc in the name of the Commissioner.

12. For the purpose of ccnstructing, completing, extending, or Comrllissioncrmaf

maintaining any wuterworlis, and for supplying water to or in any ,,,cl,,,	do ccrtnin acts and
water dist~.ict. and for the purpose of carrying out the provisions of this Act, the Commisioner may exercise any of the powers following, that is to say-

I. I I e nmy ~ n t c r upon any lands and take levels of the same,

and sc t out such parts thereof as he shall think necessary, and dig, break, ancl trench the soil of such. lands, and remove or usc all e:lt.tll, stone, mincrnls, trees, or other things dug or obtained out of or from the same:

11. He may cntcr upon: tillw, and hold, cither ternportwily or

permnncntly,

PART 111.

. - -	permanently, such lands as he may from time to time deem necessary for the constructiun, maintenance, rcy air, or improvement of any waterworks heretofore or herenf'ter to be authorised, or for the constructioiz of which rrlonty has been, or hereafter shall be: voted by Parliament, or for
obtainincl. or enlarging the supply of water, or for improving the quahty thereof, or othcrn.i& for the purposes of this ?
Act:

HI. I-Ie may from time to time sink such wells or shafts, and make, maintain? nlter, or cliscontinuc such reservoirs, waterworlrs, cisterns, tanks, nqucducts, drains, cuts, sluices, pipes, culverts, engines, ancl other works, and erect such buildings upon tllc lands, streams, :incl water- courses authorised to bz taken by hiin :LS he shall think proper for supplying the illliabi tan ts of any nTater district with water:

IV. He may from time to time divert nnrl i~npound the wntcr

from any streams or springs as he niay think f i C, 2nd nlter

the cou:t.scs of the same, and also take the water of S U C ~

streams or springs and &SO such waters as may be found

in, under, or on any lands so to be tsllrcn for the pur-

poses of this Act:

V. He may enter upon any Crown or private lands, strecte, roads, or thoroughfares, and lay or place thercin any pipes, aad inay repair, alter, cut off, o r remow the same, and inay enter upon any such lands, streets, roads, or thoroughfares for the purpose of repairing any wnter- courses, pipes, or other works, being his property or under his control:

Provided always. that in the exercise of any of the powers hcreby conferred the Coinuiissioner shall i~iflict as little damage as may bp,

lands, in place of any taken away or interrupted by him, and shall other watering-places, drains, and channels for the use of adjoining and in all cases, where he can convenient111 do so, shall proviclc make full, compensation to all parties interested for all d a m g e sustained by them through the cxercisc of such powers: Provirled, nevertheless, that the Commissioner shall not he liable to make compensation in respect of' any damage sustained by reason of the taking or diverting of watcr permanently or otherwise from any: rlver, stream, or waterconrse, unless a claim in ~vriting

s l i d be made in rcspcct of such compensation within twelve months after any c l a n q e has been caused, and that in every

case where the Conlmis;ioaer cannot agree with the owner or

cl;iimmt, the amount cf compensation &all br tlscertaincd, and the

raw, in other respects, a i d 1 be dcillt with under the provisions

of the Lands Clauses Consolictation Acts: Provided that no park

l, d ~. or other lands undcr the control of any 11 unicipal Corporatiou

or, L)i:,tric:t Council shall be so entered upon, taken, and held with- out the conscnt in \vritiug of the Municipal Corporation or District

Counci! having thc control tllcreof. 13. If

- 45" & 46" VICTORIE, No. 269. - -- p-

The Wntelwo~.ks r l ~ t. 1 8 8 2.

- - ----

--W

13. If from any cause whatever the occupation by the Corn-. PART ~ 1 1 -

--

missioner of any park lands or Corporation reserves for the pur- w h e n h ~ d ~ torovert

poses of this Act shall at any time hereafter cease, the care, control,

C0voreti0n80

and management of such park lends shall revert to the Municipal

Corporation from which the same shall have been taken.

14. The Commissioner shall construct and erect all works neces-

sary for making good the interruption caused by the exercise of any

of the said powers to the possession or enjoyment of any lands

adjoining or near any part of the works or otherwise necessary for the accommodation of such lands, and if any difference shall arise respecting the number, kind, size, dimensions, or sufficiency of any such accommodation works, or respecting the maintenance thereof, the same shall be determined by two Justices ir the manner provided by the Railway Clauses Consolidation Act for settling differences as to accommodation works; but such Justices shall not have power to decide as to the liability of the Commissioner to construct my accommodation works in cases where that liability is disputed.

15. Every person who shall wilfully obstruct any person act in^ Pendt~ f ~ o b ~ t r i l e t -

jng construction of

under the authority of the Coinn~issioner in setting out the line of works.

m y works undertaken under the autllority of tl& Act, or pull up or remove any poles or stakes driven into the ground for the purpose of setting out the line of such works, or destroy or injure any works so undertaken as afbresaid, shall incur a penalty not exceeding Five Pounds for every such offence.

16. Aftcr Rrly stream or supply of water shall have: been divcrtcd, P(,n"tr f o r i l l ~ l h tl:rcr:ing s.nter.

impounded, or taken by thc Commissioner, under the authority of this Act, every person who shall illegally. or without thc authority of the Commissioner, divert or take any water supplying or flowing into the stream or source of supply so diverted: impounded, or taken

by the Commissioner, or who shall do any unlawful act ~vhcrrby	any such stream or supply of watcr may b t diverted or diminished
in quantity, or injured in quality or purity, and who shall not
immediately repair the injury done by him, on being required by the Commissioner, so as to restore such stream or supply of water to the statc in which i t was before such unlawful act, shall forfeit to the Commissioner any sum not exceeding Twenty Pounds for cvcry day during which the said supply of water shali be so diverted, or diminished, or injured by reason of any act done by, or by the autho- rity of such person, and any sum so forfeited shall be in addition to thk wm which he may be lawfully adjndgcd to pay to the Cornrnis- sionrr for any damage which hc mav sustain by reason of his supply of rvatcr Being diminished; and the wlnImeilt of the sum so forfeited
shall not bar the right of the Cuinrnissioner to brillg any action or
any other remedy at law in respect of the dawage so committed.

17. If any person ulilnwfnlly ncd maliciously destroy or damage, @ $ ~ ~ ~ r ~; ; -

or attempt to destroy or damage. any reserroil., dam, tank, tunnel, watercourse, sluice7 main-pipe, aqncdoct, bridge, roadway, or cnginc,

0 r

n--2G3.

45" & 46" VICTORIW, No. 269.

The Waterworks Act.--1882.

or other part whatever of the works of the Commissioner, every such offender shall be guilty of felony, and shall be liable to be imprisoned for any term not exceeding ten years.

18. The Commissioner may open and break up the soil and pavement of the several streets and bridges within or beyond the limits of any water district; and may open and break up any sewers, drains, or tunncis, within or under such streets and bridges, and lay down and place within or beyond the same limits, pipes, condnits, service-pipes, and other works and engines, and from time to time repair, alter, or remove the same, and, for the purposes aforesaid, remove and use all earth and materials in and under such streets and bridges, and do all other acts which the Comrnissiorm shall from time to time deem ,necessary for supplying water to the inhabitants of the district included within the saic? limits.

Koticc to be given

before breaking up 19. Before the Commissioner shall open or '.;,.ialc up any such

streets.	street, bridge, sewer, drain, or tunnel, he &all give t o the persons
or authority under whose control c;:+ management the same may be, or to their clerk, surveyor, or other officer, notice in writing of hi:. inten- tion to open or break up the same, not less than twelvc hours before beginning such work, except in cases of emergency, arising from defects in any of the pipes or other works.
Reinstatement of
streets.	20. When the Commissioner shall open or break up the road or pavement of any street or bridge, or any sewer, drain, or tunnel, he shall, with 'all convenient speed, complete the work for which the same shall be broken up and fill in the ground, and reinstate and make good the road or pavement, or the sewer; drain, or tunnel so opened or broken up, and carry away the rubbish occasion.ed thereby; and shall at all times whilst any such road or pavement shall be so open or broken up cause the same to be guarded, and shall cause
a light sufficient for the vyarning of passengers to be set up and
kept there for every night during which such road or pavement shall be continued open or broken up; and shall, after replacing and making good the road or pavement which shall haw been so broken
up, keep the same in good repair for six months thereafter.
Penalty for delay in
winstating street.;.	21. If the Commissioner opens or breaks up any such street, bridge, sewer, drain, or tunnel, without giving such notice as afore- said, or without making such temporary or other works as aforesaid, when so required, except in cases in which he is authorised to per- form such works without any notice, or if he makekes any unnecessary delay in completing any such work, or in filling in the ground, or reinstating and making good the road or paiernent, or the sewer, drain, or tunnel so opened or broken up, or in carrying away the
rubbish occasioned thereby, or if he neglects to &use the place
where such road or pavement has been broken up to be gwzrded and lighted, or neglect i to keep the road or parement in'repair for. &c space of six months next after the same is rnnde good, th:. C'olnmissioner shall forfcit to the authority or persons havibg the

control

45' & 4 6 O VICTORIW, No. 269.

-- +. .- -- ---A--- - - - --- ---

The Waterworks Act.--1882.

l'mr m.	therefrom, for the purpose of selling or disposing of thc same, shall
be taken or used by the Commissioner, either wholly or in part, for -
any of the purpose^ last1 y hereinbefore mentioned.

Commiasioner to 24.

If any such lands shall be used by the Commissioner for any of the purposes aforesaid he shall, if required so to do by the owner or occupier thereof, separate the same by a sufficient fence from the lands adjoining thereto, with such gates as may be necessary for the convenient occupation of such lands, and in case of any difference between the owners or occupiers of such lands and the Commissioncr

aeparate lnnds before

usmg them.

as to the necessity for such fences and gates, then with such fences

and gates as Justices may order for the purposes aforesaid.

Compensation to be

mnde for temporary

25. In any of the cases aforesaid where the Commissioner shall take temporary possession of lands by virtue of the pon7er-S herein granted, it shall be incumbent on him, within one month after his entry upon such lands, upon being required to do so, to pay to the occupier of the said la,nds the value of any crop that may be thereon, as well as full compensation for any other damage of a temporary iiature which he may sustain by reason of the Commissioner so taking possession of his lands: And if there shall be any dispute as to such value, the same shall be settled by Justices in the manner provided by the Lands Clauses Consolidation Act for settling quesa tions of compensation.

oiwtpation .

~ ~ r a t e r ~ v o r k 8 ~ & ~ - ~ f o 26.

The whole of the waterworks, and all lands, goods, materials, and things which now form, or which at any time hereafter shall form, part thereof, shall be and be deemed to be the property of the Commissioner, abd shall be held and used by him for the purposes of this Act.

be the property of the

~ommiesioner.

Consolidation of

construction accounts.	27. Notwithstanding anything in any Loan Act contained, the accounts for the construction of mtcrtvc-rrks within the district
Payments may be
described in the First Schedule hereto may t)e consolidated.
made by Commis-	28. The Commissioner may, out of any moneys at his disposal under this Act, pify any sum due by him under any agreement law- fully made for or 111 accomplishing any of the purposes of this Act, and any sum recovered against him by any process of law; and he shall not be personally liable to pay or make good any sum of' money which shall at any time be recoverable from or be 'due by him as commissioner as damages for any act done or omitted to be done by him in the bond Jide belief that he is acting in pursuance of this Act.
eioner .
Commissionor m y
ddegatc his powers.	29. The Commissioner may authorise such person as he shall think proper to do all or any of the ncts, matters, and things which the Cornmissiwcr is hercby empowered or required to do; and cvcry person so authorised shall have and enjoy all such and the like powers as are lwreby conferred on the ~onknissioner, to enable him to do such ncts, matters, and things respectively; and all such acts,

matters,

45O & 46" VICTORIAi, No. 269.

The Wateru.wrks A c t. 1 882.

PART 111.

matters, and things, when done under such authority, slritll bp as valid	-- --
and effestual as if they had been done by the Commissioner; and every person so authorised shall have and enjoy iu respect of each such act, matter, or thing so done by him, all such immnnities from pcrsonal liability as the Commissioner would haw had or enjoyed if he had done such act, matter, or thiug.

30, The Commissioner may demise any land purchased by him, and ~ ~ B e ~ $ ~ ~ ~ ~ ~ d

which he shall not imnlediatcly require for the purposes of this Act, proiwrt~.

for such wriod, at such rent. and nnon such conditions as he ehall

think fit:md may sell or otherwise &spose of ally such land or other

property which he shall not further require for the purposes of the

waterworks, and may transfer 01. convey such land or other property

to the purchaser, or as he shall direct, and the Commissioner's receipt

shall be a sufficient discharge to the purchaser for the purchase- money in such receipt expressed to be received, and the rent of land demised; a d the rnoney accruing from the sale or other disposition of the property sold or disposed of' shall be paid by thc Commissioner to the Treasurer of the province for the time bring, and shall bc carried by him to the account of the Commissioner for the purposes of this Act.

31. The Commissioner may erect stnndpiyc~s at any place within Power to erect a t a d

or beyond the limits of any water district, and may, from any stand- pipes and neU water.

pipe or from any hydrant, sell water by measure to any persons, at such price, at such times, and uponsuch coriditions as he shall think fit.

32, The Commissioner may enter into an agreement with the l'owerto make agree- ment to supply water

owner or occupier of any lands or premises to supply him in such 1, p measure.

land or premises with water by measure, at such rates, upon

such terms, and snbject to such conditions as may from time to

time be fisetl by any by-law ~narle in pursuance of this Act with

respect to thc sopply of water by agreement. The Commissioner

and every other party to each such agreement shall be deemed to

have entered into and signed it, subja:t to the provisions of thiri	Act and to the bylaws made in pursuance thereof, and which shall
from time to time be in force; and the owner or occupier of thc
said land and premises, and every subsequent owner and occupier thereof, shall hold or occupy the same subject to such agreement, and be bound by the same agreement as if' parties thereto; aid the land and premises to which water shall be supplied to t h ~
owner thereof under any such agreement shall he charged with the moneys from t i m e to timt: clue to the Commissioner for water so supplied, a d such moneys shall be deemed to be and shall be recover- able as water rates.

PART' W. - ART ~. IY,

SUPPLY OF WATER AND PROTECTION 01' FITTINGS

AND WORKS.

33, The Commissioner shall, unless prevented by unusual drought Prer ~ ~ p p l q. to 1110

r i t y aud 1'0e Ade-

ov other im avoidable cause or accident, or during necessary rcpsi rs, ,<,, , . , ims

supply f ( v pul~lic p w p, t w.

45' 1L 46" VICTORIA:, No. 269

- - - - - - -- - - ---- - - - - -- -- . -- -. -- -.

The W~iiencorks Act.-1882. -

_ _ ._____I__ - ---- --

supply to the Coryorutions of tllc City of Adelaide mrd tllc 'l'oivn of Port Adelaide, free of charge, suf5cient water for watering the streets of the said city and town rtqectively, and also h r the use of a11

lalds and buildings situate within such city and town and occupied

ancl used by eithcr of such Corporations cvelusively for public pur-

poses.

Commiseiont?r to	fix	34. 'l'hc Cnn~rr~issioner	shall, within each water district, fix proper
public firnplugs in

f i w ~ l u g r in the main and other pilm belonging to him, at such

the n t i h s.

distances arid at such placrs as he may coilsider proper and

corrvmient for- the supply of water for extinguishing any fire which may brcak out within such district; and the Commissioner shall from time to time renew and keep in effective order every such fireplug; and shall, so soon ss any such fireplug is completed, deposit a key thereof at each firc-recl station within such district: Provided always, that the cost of such fireplugs and the expenses of

fixing and mainpaining the same in repair (except in the Adelaide

water district) shall be defrayed by the Council of the town or

district within the bou~xhries of which the plugs are fixed,

Fireplugs for manu-

factories, kc.	36. Thc Commissioner may. :it the request and expense of the owner or occupier of any manufactory or other premises situated in or near any street in which, or within one hunrlred yards of which, there shall be a pipe of the Commissioner, place as near as conve- niently may bc to such menufactory or premises, and maintain in effective order x fireplug to be ~zsccl only for extinguishing fires; and shall supply a key of such fireplug to such owner or occupier, but such fireplug shall not be opened or used by him except far the purpose of aiding in extinguishing fires within the water district.
36. The Commissioner shall at all times, unless prevented by drought or other unavoidable cause or accident, or during necessary repairs, keep charged with water all his pipes to which fireplugs are fixed, and shall allow all persons at all times to take and use such
water for the purpose only of extinguishing fire within the water district.
thatant nuypll; of

water to be 37, The Colrilnissioner shall, in each water district, unless pre-

distributed,

vented by unusual drought or other unavoidable cause or accident, distribute, to all persons entitled thereto under this Act, a coristant aupply of water in the manner preacribcd by this Act and the by- laws made thereunder: Provided always, that the Commissioner shall not be liable to supply water to any person in any street within tht watt^ district until af'ter a main pipc shall have been hid down in such strcct.

Power to compel

conmmrr to tske 38. The Commissioner may, if he think fit, compel any person,

wuter by mt'i1SUl.e. in any water district supplied wit21 water, to take water by rneasurc, at thc siimc price and upon thc same terms as water is then supplicd by him under agreement to other consumers in the same water district.

39. The

45' & 46' VICTORIg, No. 269.

The Waterworks Act,-1882.

39, The Commissioner may cut off the water-supply from any Pasr Jr,

lands or premises when the same shall have remained unoccupied	Water-sup iy may
be cut off P rom un-
for three months, and whenever the lands shall again be occupied	occupied land.
the-mater-supply &all, on demand made in writing by the owner or occupicr theredf, be restored upon payment of the cost of such cutting off and restoration: Provided always, that cutting off the water shall not relieve the owner or occupier of any such land from any liability to pay water rates in respect thereof.
Power to lessen or

40, Whenei-er the quantity of water stored in any reservoir has discontinue supply.

been diminished to such an extent as to render it necessary or expedient in the opinion of the Commissioner to lesscn the quantitj- of water supplied, he may, with the sanction of the Governor, and after giving public notice of his intention so to do, lessen the supply of water throughout the whole or any part of any water district, to such extent, for such time, and in such manner as he shall think proper, or he may. lessen the supply to any particular class or classes of consumers supplied under agreement; or he may, for such time as he

shall think proper, discontinue the supply for any particular purpose.

41, Whenever it appears to the Commissionerr: that a constant Supp!y to group of

supply of water can be-iffectually and more economically provided	houses.
for any gzoup or number of dwelling-houses situate in a court, pas- sage, lane, or alley, within the water district, by means of a stand- pipe or other fitting fixed outside such dwelling-houses, he may provide, erect, and fix in readiness for use by the owners or occupiers
of such group or number of dwelling-houses, and shall renew or
repair, a standpipe, or other fittings, and shall afford and distribute by means thereof a constant supply of water to the owners or occu- - -

of such group or number of drvclling-houses. Such omners or

occupiers, but not any other person, shall be entitled to take, con- sume, and use in the said group, or number of dwelling-houses, but not elsewhere, such constant supply; and the Commissioner shall

bc entitled to receive and recover from such omners or occupiers

if water had been supplied t o each of such dwelling-houses	water rates, in the samc manner and to the same amount as	in the ordinary manner provided by this Act. The expense of
providing, erecting, and fixing in readiness for use sue4 standpipe or other fittings, and of renewing or repairing the same from time to timc, shall be borne by the owner of such group or number of dwelling-houses, or, if they belong to more than one owner, then by the respective owners thereof, in such proportions as the Commissioner
shall determine and by notice require.

42. Save in the cases provided for in the next preceding section,

the Comnlissioner, on receiving from the owner or occupier of lands municatim pp

or premises in any street in which a main pipe has been laid down a

written request for a constant supply of water; shall provide and lay

down to the edge of the same street nearest to such premises, and

fix in readiness for use, and shdl thereafter, at the like request, on

receiving due notice in that behalf, keep in repair communicathn

pipes

45' & 46' VICTORIW, KO. 269.

The Waterworks Act.- 1882.

pipes and other fittings, and do such other acts, and construct such

works as he shall deem necessary and proper for complying with and carrying out such request. The Cornmissioner may, in like manner, and under like circumstances, provide, lay down, and fix pipes for supplying water by measure to any person entitled thereto under any agreement.

No gaspipe to he loid

in same trenoh with	43. No person shall lay any gaspipe in any trench with, or
viater main, and no

tramrail to be laid	close alongside, any main pipe of the Commissioner, nor lay any
a!ong line of nnin	tramrail along the line of and immediately above x nlain pipe
PPe.	without the consent of the Commissioner, a i ~ l if any porson shall, without such consent, so lay any such gaspipe or tramrail and refuse to remove the same, when required by the Commissioner so to do, he shall for each such offence forfeit and pay to the Commissioner a sum not exceeding Five Pounds, and a further sum of One Pound for each day (if more than one) that such offence continues.
Commissioner may
let meters.	44, The Commissioner may let for hire, to any consumer of water supplied mder agreement, any meter or instrument for measuring the quantity of water supplied and consumed, and any pipes and apparatus fbr the conveyance, reception, or storage of the water, for such remuneration in inoney and upon such terms as may be agreed upon between the Comrnissiorler and the consumer, and all money due in respect of such hiring shall be recoverable in the same manner as rates due to the Commissioner for water.
Mctere, &C., of
Commissioner	45, Such meters, instruments, pipcs, and apparatus shd not be subject to distress for rent of the premises where the samc are used or to be attached, or taken in execution under any process: of any court of law, or under or in pursuancc of any order in insolvency, or other legal proccedinqs against or affectiug the consumer of the water, or the occupier of the premises, or other person in whose possession the meters, pipes, instrummts, or apparatus may be.
not distrainable.
No person but tho

Commissioner to 48. No other person than the Cunlrnisiioner shall provide any

provide, fix, repnir, meter for the supply of water under this rict, and no other person

or interfere with	than the ~ommissioner,	or the person authorised by him, shall fix,
meter.

refix, open, remove, alter, repair, or interfere with any such metes.

Penalty for any other

person than Com- 47. If any person other than the Commissioner, or the person

missioner firing,	authorised by him, shall fix, refix, open, tamper with, break, remove,
repairing, or inter-
fering with meter.	alter, repair, or in any way interfere with any meter for measuring the supply of water under this Act, the hirer of such meter, or the person on whose premises the same shall be or shall have been fixed, shall forfeit. and pay to the Commissioner for each such offmce, x sum not exceeding Twenty Pounds over and abore the danmge which he may be found liable to pay in an action a t 1 ~ i v a t the suit
of the Commissioner: And the Commissioner may, In addition, cut
off the supply of water to such prerniscs, and refuee to restow the
same until a proper meter has bccn fixed or the existing meter repaired to the satisfaction of the Commissioner, ancl all the expenses of cutting off and restoring such supply shall h a ~ c been paid to him.

48, Every

45' & 46' VICTORIA?, No. 269.

The Waimworks Act.-1882.

48. Every person supplied with water by the Commissioner shall PART

keep such part of the communication pipe, and the stopcock, drains, c,,.,, to keep

and other works and fittings as shall be within his own premises, in p i p e s ~ n d f i t i w within his prm~isee I

5 wood repair, so as effectually to prevent the water from runniug to in repair.

waste, or the collection ther~in of anwholesome matter; and in case any person shall neglect to keep the same in good repair, the Com- missioner may, in addition to any other remedy he may possess, cut off the pipe, or turn off the water from the premises of such person, until such stopcock or other works or fittings shall be provided or repaired, ss the case may rcquire.

49. It shall not be lawful for the owner or occupier of any NO pipe or fitting to

premises supplied with water by the Commissioner, or any con- bBcOmcctddr disconnecttvl, or

sumer of the watcr of the Commissioner, or ally other person, to altored, without the consent of t l~c

a&, Cornmissloner.

or cause or pcrmit to be affixed, any pipe, fitting, or recover damages from him in respect of any illjury clone to his property, and without prejudice to the Commissioner's right to recover from him the value of any water wasted or misused.

apparatus to a pipe belooging to or used by such owner or occupier,

consumer, or m y other person, or to make any addition tu or

alteration in any such c~ornrnunication or service pipe, fitting, or

apparatus connected therewith, ~vithout the consmt, in every such

casr, of the C!ommissioncr: And if any pcrson acts in any respect

in contravention of the provisions of the prcsent section, he shall,

for every such offence, be liable to a penalty not exceeding Fivc

50, No person shall use or place in or upon, or affix or attach None h t prescribed fittings, &C., to be

to, or permit to be used or placed in or upon or affixed or attached to, any lands or premises snpplied or to be supplied with mater under this Act, for the purpose or with the intcnt of thereby using, taking, con~eying, or delivcrinrr such water, any bath, watercloset, soilp&, rcccptacle, or fitting, o'ther than such as are by any by-law prescribed or permitted bv thc Commissioner to bc so used, placed, affixed, or at tsclrd; nor shall any such watercloset, soilpan,

receptacle, or fit,ting be arranged in a mode different from that

prescribed: Any pcrson who allall do or permit any act in contra-

vention of this s(3C:tion shall bc liable to forfeit and pay to the Com-

missioner any sum not exceeding Five Pounds for each offence.

51, Any officer of the Commissioner may, a t all reasonable Power to cntrr nod cxaminc whether

times, enrer upon any lands, and into any premises to which water ,V,, is

is supplied by the Commissioner, under agreement or otherwise, and.-hetherfittin-a

are In order.

for the purpose of examining and ascertaining, and may exarniue and ascertain, ~vlrether thwe has been or is any waste, rnisnse, fouling, or contamination of such water, and what quantity of water has been cwsumed there, and whether all baths, watcr- closets, soilpans, receptacles, and fittings, and the materials and mode of arrangement thereof, used or intended to be used, on or in such lands or premises for thc purpose of conveying, delivering, or receiving water supplied, or about to be supplied, by the Commis-

sioner

C-26'3.

45' & 46" VICTORIJE, No. 269.

The Waterworks A c t. 1 8 8 2.

V	PART	sioner are in every respect in accordance with the bylaws made by him under this Act, and are in proper order and repair, and that they are used only for the purposes for which they may be lawfully used under this Act. If any bath, watercloset, soilpan, receptacle, or fitting shall, on such examination, be found to be out of pmper order or repair, or the mode or arrangement thereof not in accor- dance with such by-laws, the Comrnissioncr may, without prejudice to any other power or remedy which he may have under this Act, give notice to the occupier or owner of such land or premises to repair or 'alter the same: And if any such occupier or owner shall fail or neglect to comply with such notice, or if any officer of the Commissioner be at any reasonable time refused admission upon such lands or into such premises, when such admission is claimed for any of the purposes mentioned in this section, or be obstructed in or hindered from doing all or any of the acts by this section authorised to be done, the Commissioner may cut off the water from such lands and premises, and shall not be bound to supply water thereto again except at such times and upon such conditions (including payment of the expenses of cutting off and restoring such water) as he shall think proper to prescribe, but the owner or occupier of such lands or premises shall, nevertheless, continue liable to pay water rates as theretofore.
NO

pipe or fitting to 52, No pipe or fitting attached to or connected with any of the

be tJren in ereoution

or uoder diBbess for	pipes of the Commissioner shall be seized or taken in execution by
rent.	process of law or under distress for rent.
Pennlty for wing

uuauthorised fittings. premises supplied with water under this Act, for the purpose of	53, Any person who, being an owner or occupier of lands or taking in a manner not authorised by this Act any such water, uses
in or places on, or affixes or attaches to, such lands or premises, or
to any prescribed fitting, or wilfully pcrmits to be used in or placed on, or affixed or attached to such lands or premises, or to any fitting, any instrument or thing not authorised in that behalf by the Commis- sioner, or who alters, misuses, injures, or removes any prescribed fitting, cxcept for the purpose of necessary repairs, shall, upon
conviction thereof, forfeit and pay to him a sum not greater than Yen Pounds, without prejudice to the right of the Commissioner to recover from him damages in respect of any injury by such owner or occupier done or wilfully permitted to be done to the Commissioner's property, and without prejudice to the Commissioner's right to recover from him the value of any water wasted, misused, or unduly consumed.

7 for breaking 54, Every person who, not being authorised thereto by the

$0. Commissioner, shall wilfully or carelessly break, injure, or open, or shall wilfully permit to be broken, injured, or opened, any lock, cock, valve, pipe, or other fitting, or any work or engine belonging to the Comm~ssroner, or shall flush or draw off the water from the reservoirs or other works of the Commissioner, or shall do any other wilful act, or shall wilfully permit to be done any act whereby such

waiter

45' & 46' VICTORIW, No. 269.

--------p-- ---.-

The Waterworks Act.-1882.

- p- -A -

water shall bc wasted, shall, npon conviction thereof, forfeit to the Commissioner for everv such offence a sum not exceeding Ten Pounds besides the amount of damage to which the Commissioner may be put in respect thereof, as well for the value of the water wasted as in repairing such fittings or other parts of the works, and the amount of such &miage shall be ascertained, determined, and recovered in the same manner as such forfeited sum.

wrongfully does, or causes or permits to be done, anything in Toning thm Act. 55, If any person supplied with water by the Commissioner P 9 t y fpr eontra-

contravention of any of the provisions of this Act, or fails to do anything which. under any of those provisions, ought to be done for the prevention of the waste, misuse, or contamination of the water of the Commissioner, he shall forfeit and pay to the Com- missioner for each such offence a sum not exceeding Five Pounds.

56, If any person supplied with water by the Commissioner penalty for wasting

wastes any ~yater, or wilfully or negligently causes or suffers any ; i " t ", I ~ S ~ ~ ~ ~ a i n n ~

pipe, valve, cock, cistern, bath, soilpan, watercloset, or other apparatus or receptacle, to be out of repair, or to be so used or contrived that the water supplied to him by the Commissioner is, or is likely to bc, wasted, misused, or contaminated, or so as t o occasion or allow the return of foul air, or other noisome or impure matter, into any pipe belonging to or connected with the pipes of the Com- missioner, he shall for every such offence be liable to a penalty not exceeding Five Pounds.

57. If any person supplied with water by the Commissioner, commisaionerm).

under agreement or otherwise, shall fail to pay on demand ally cut off water on non-payment of

water mtes, or other moneys due by him to the Com~nissioner, or wabr or breach

due in rrspect of the premises occupied by such person, or shall in of the pmvisioos of ' the Act or by-laws.

the opinion of the Commissioner, commit a breach of any of the provisions of this Act, or of any bylaws made thereunder, the

powers, ur remedies, cut off the supply of water t o such person, a id	Commissioner may, without prejudice to any other of his rights,
refuse to restore the same until all water rates and other moneys so clue, and all prnalties which shall have been inflicted, together with the expenses of cutting off and restoring such water, shall haw been paid.

58. If any person, not being supplied with water by the Com- pe.enaltyforunlnv-

missioner, wrongfully takes or uses any water from any reservoir, fully takingwater.

watercoGse, conduit, or pipe, belonging to the Commissioner, or

from any pipe leading to ur from any such reservoir, watercourse,

conduit, or pipe, m from any cistern or other like place coutaining

water belonging to the Commissioner, or supplied by him for the

use of any consumer, he shall, for every such offence, be liable to

a penalty not exceeding Five Pounds.

59. If any person bathe in any stream, reservoir, aqueduct, or p;:z:,o;$;bs

&er waterworks belonging to the Commissioner, or wash, throw, Commhioner.

45" & 46" VICTORIE, No. 269.

The Waterworks Act.- 1882.

l'anr ]v.

--.

or cause to enter therein any dog or other animal, he shall, for every

such offence, forfeit a sum not exceeding Five Pounds.

Penalty for throwing $0.

If any person throw or convey, or muse or permit to be thrown or conveyed, any rubbish. dirt, filth, or other noisome thing into any such stream, or in the bed of any watercourse, or into any reservoir, aqueduct, or other waterworks, as aforesaid, or wash or cleanse therein any cloth, wool, leather, or skin of any animal, or any clothes or other thing, he shall, for each such offence, forfeit a sum not exceeding Five Pounds.

dirt therein.

Penalty for nllolt-ing 61,	If	any person cause the water of any sink, sewer, or drain,
foul water to flow

thewinto. steam-engine, boiler, or other filthy wntw belonging to him, or under his control, to run or be brought into any stream, reservoir, aqueduct, pipe, or other waterworks belonging to the Commissioner. or shall do any other act whereby the water of the Commissioner shall be fouled, he shall, for each such offence, forfeit a sum not exceeding Five Pounds, and a further sum of Twenty Shillings for each day (if more than one) that suck offence continues.

Penalty fornuignnce 62, Where the owner or occupier of any land within the

in \c atcrshed.	watershed of any water district, or any reservoir or sourcc of supply vested in the Commissioner, does, or permits to be done, on his land any act, or permits to remain thereon any matter or thing which, in the opinion of the Commissioner, is likely to injure the water-supply,
if notice to discontinue or remove the same be given to him in
writing by the Commissioner, and if he neglect or refuse to discontinue such act, or to remove such matter or thing, he shall, for each such offence, forfeit a sum not exceeding Five Pounds, and a furthcr sum of Twcnty Shillings for each day (if more than one) that such offence continues.

Femltyforperrnitting 63, Every person making or supplying gas within the limits of a

mbs'Dn('e'pmdu"d water district, who shall at any time cause or suffer to be brought or

in tnnlring gas to flow

into m-014~~.	to flow into any stream, reservoir, aqueduct, or waterworks belonging to the Commissioner, or into any drain, commnnicating therewith, any washing or other substance which shall be produced
in making or supplying gas, or who shall wilfully do any act,
connected with the making or supplying of gas, whereby the water in any such stream, reservoir, aqueduct, or other waterworlrs shall be fouled, or the pipes or conduits thereof injured, shall forfeit to the Commissioner the sum of 'l'wenty Ponnds, to be recovered with full costs of suit in the Supreme Court for each day during which such washing or other substance shall be brought or shall flow as aforesaid, or during which the act shall continue by which such water is fouled, after the expiration in either case of twenty-four hours from the time when notice of the offence has been served on such person by the Wominissioner
Penalty in gasmakere

causing water to bo 64. Whenever the water supplied by the Commissioner shall be

fouled.

fouled by the gas of any person making or supplying gas within the

district

45" & 46" VICTORIJE, No. 269. 21

The Waterworks A c t. 1 8 8 2.

-- - - - - - .- . - - - - - - -- - - - - --L - - -

district aforesaid, such person shall forfeit to the (lommissioner, for I ' A ~ IT.

-- - - . - -- -

every such offence, a sun1 not exceeding Twenty Pounds, and a further sum not exceeding Ten Pounds for each day during which the offence shall continue after the expiration of twenty-four hours from the service of notice of such offence.

65, For the purpose of ascertaining whether the water of the Power to examine grqipsa to ascwtoin

Commissioner be fouled by the gas of any person making or sup- ,,,,,	,f water being
plying gas within the said district, the Commissioner may dig up fouled.

the ground and examine the- pipes, conduits, and works of the - L

pers&s making or supplying gns: Provided that, before proceeding so to dig and examine, the Commissioner shall give twenty-four hours' notice, in writing, to the person so making or supplying gas of the time at which such digging and examining is intended to take placc, and shall give the like notice to the persons Iiaving the control or management of the roads, pavements, or place wherc such digging shall take placc, arid shall be subject to the like obligation of reinstdting the road and pavement, and to the same penal ties for delay or any non-fe'easance or misfeastlnce therein, as hcr~inbeforc with respect to roads and pavements broken

up by the Commissioner for laying pipes; and if upon such

examination it appears that such water has been fouled by any gas belonging to such person, the expenses of the digging, examination, and repairs of the street or place disturbed in any such examination shall be paid by the person making or supplying gas, but if upon such examination it appears that the water has not been fouled by the gas of such person, then the Commissioner shall pay all the expenses of the examination and repair, and also make good to the said person any injury which may be occasioned to his worlrs by swh examination.

PART V. PART v.

ASSESSMENT, RATING, AND ltECOVERY OF RATES.

missioner shall make, for the purposes of this Act, such an assess- 1% made. 66, AS early as he conveniently can in each year the Com- -4nnnal assessment to

ment as is in this Act described, and notice of the making thereof shall be published by the Commissioner in the Gover?zment Gazette so soon as he conveniently 'can after it has been made. Imme- diately upon such publication such assessment shall be deemed to have been in force from the commencement of the then current year, and shall, unlcss lawfully altered within that year, continue and be in forcc until thc end thereof, but if such assessment is lawfully altered mithin that year, then such assessment as so altered shall be deemed to have been in force from the commencement of that year, and shall continuc to be in force until the end thereof: Provided always, that the assessment which is in force on the last day of any year shall continue and be in force during the whole of' the next year, if the Conlmissioner shall so direct by a notice published in the Goaernment Gazette before the first day of February in such

next

45' & 46" VICTORIW, No. 269.

The IVate~works Act.-1882.

next year. Such assessment shall be made according to the full, fair, and average estimated annual value of the lands and premises assessed, and clear of all outgoings, and shall be written in a book wherein shall be specified in separate columns the ~lanles of the respective owners or agents of the owners of such lands and premises, so far as those names can be ascertained, and also the estimated annual value of the several lands and premises, with a succinct description of such lands and premises. Such of those lands as are vacant lands shall be distinguished as such in the said book.

Appointment of

w e m m and	67, For the purpose of making any such assessment. the Corn- lands and premises, and may, if he thinks proper, adopt, either wholly or in part, any assessment then in force which has been made by, or by the authority of, any Municipal Corporation or District Council.
adoption of	missioner may appoint any person to assess the whole or pat t of such
msessment.
Power to inspect

assessnient - h l s e. 68, The Cornmissioner, or any person having an order for that

purpose under the Commissioner's seal, hall be entitled as of right,

at d reasonable times, to inspect, free of charge, a11 rate-books and assessment-books then in use or in force relating to any land or premises within any water district, and all other books and documents relating thereto, and may, free of charge, make and take copies thereof, or extracts therefrom, and all persons having any such rate- book, assessment-book, or other book oli document in his custody, power, or control, shall, at all reasonable times, and without any fee or charge whatever, afford to the Commissioner, and to all persons authorised as aforesaid by him in that behalf, free access to all such rate, assessment, and other books and documents.

Penalty for r lot

permitting inspection 69. Any person who, having the custody of any rate-book,

of assessment-book.	assessment-book, or other book or document mentimed or described in the last preceding section of this Act, shall wilfully neglect, or
for that purpose under the Commissioner's ~;t>al as aforesaid, to inspect refuse to permit the Commissioner, or any person having an order
the same free of charge, or to make and take free of charge? copies or extracts from the same within two days after a demand in writing and such written authority under the Commissioner's seal shall have been produced and shown to him, or a copy thereof left at his tlsual place of abode, such offender shall, on conviction thereof, forfbit and pay for every such offence a penalty not exceeding Twenty Polinds.
Annual value of land,

bow estimated. 70, The annual value of all vacant lands shall be estimated at

five per centum per annum on the market value thereof, and the

annual value of all other lands shall be estimated at the fall, fair, and average estimated annual rent, dear of all outgoings at which the land would let on a lease of not less than twenty-one years. or by

the foot frontage on a building or improving lease for the same term.

What land9 shall be	71.	In edch assessment made by the Commissioner for the purposes
asacmed.

of this Act, he shall assess all lands and premises situated within

the

45' & 46' VICTORIJE, No. 269. 23

The Wizte~works A c t. 1882.

PART v.

the water district, and not being such lands or bnildings as are

described in the thirty-second section of this Act.

72.	SO soon in each year as any such	assessment has been	made,	D e p o a i t o f ~ s ~ m ~ n t -
book, intorested per-

the assessment-book or a true copy thereof shall be deposited in the so,,,,,,,,,,t,

office of the Commissioner, and the same shall be open free of

charge to inspection of all persons interested between the hours of

eleven o'clock in the forenoon and three o'clock in the afternoon on

every day except Sundays, Saturdays, and public holidays.

73, Whenever any lands or premises which, in the opinion of Certain land8 meeased after general

the Commissioner, ought to have been, or ought to be. assessed for the purposes of this *4ct are not so assessed, the Commissioner may cause the same to be so assessed, and after they have been so assessed shall, so soon as he conveniently can, alter and amend the assessment then in force, and the corresponding assessment-book, in such manner as shall seem to him proper in that behalf. If such lands or premises were at the commencement of the then clwent year assessable under this Act, the owner or occupier tllereof shall thereupon be liable to pay and be charged with the whole amount of the water rate for that

year; but if they have become so assessable since the commence-

ment of that year, such owner or occupier shall be liable to pay and be charged with only such proportionate part of that year's water rate as to the Commissioner shall seem just.

name of any person has been inserted in any assessment; or assess- be corrected. 74. If it shall at any time appear to the Commissioner that the ~aseasment-book my

ment-book as the owner or occupier of any lands or premises in respect of which some other person ~ u g h t to have been assessed, or that any other matter purely of error needs rectification in such assessment or book, the Commissioner may cause such assessment to be rectified as he shall think proper, and the name of the owner or occupier to be inserted in such assessment and book, together with

and may also substitute for the name of any person erroneonsly the annual value at which such lands or premises shall be assessed,	described therein as the owner or occupier of any lands or premises
assessed the name of the actual owner or occupier thercof, and may correct any other error in the said assessment-book in such manner as he shall deem proper.

75. 80 soon as he conveniently can after any alteration has been Notice of alteration

made under this Act in any assessment or aasessmwt-book, the Com- pubmed.

of aeeesament to be

missioner shall publish in the Government Gazette a notice to the

effect that such alteration has been made.

76. Any person rated or liable to be rated under this Act may, Appeal. ag&st

within one month after the publication in the Guuernmettt Gazette aam"meDtss

of the notice of the assessment, appeal from such assessment upon

the ground that any land or premises are assessed above their full and fair annual value, or are omitted from the assessment, or are not

assessable 77, Any

45" & 46' VICTORIA, No. 269. -- -- --

-

-

The Waterworks A c t. 1 8 8 2. -- --- .- -

-- W

PART V. 77. Any personrated or liable to be rated under this Act may, within

Appeals against	one month after publication in the Goaernm~nt Gazette of notice of
alteration of asseas-
ment.	an alteration in thk assessment, appeal from the asscssment as altered.
upon the ground that any lands or premises are assessed above or below their full and fair annual value, or are omitted from the assessment, or are not assessable: Provided that it shall not be competent for any person to appeal from an altered asscssment upon any ground which would have enabled him to appeal from the assessment before the alteration was made.
Local Courts to be
Courts uf Appeal.	78, I n the Adelaide water district the Adelaide Local Court of Full Jurisdiction, and for every other water district the nearest Local Court of Full Jurisdiction thereto, shall- be the Court of Appeal, having jurisdiction to hear and determine all appeals from every original or altered assessment made under this Act; and everv such appeal shall be commenced by a written notice
in the f k n prescribed bp any bylaw, or as near thereto as
circumstances will permit, delivered to the clerk of the Court within the period allowed for appealing. Such Court may in its discxetion refuse to award any costs to either the Commissioncr
or appellant, or may direct either the Commissioncr or the appellant
to pay to the other party to any such appeal all or so much of the costs and necessarily incurred in reference thereto as shall to such Court seem just, and the Conrt shall, upon determining such appeal, fix in a summary way the amount (if any) of the costs ordered to be paid. 'l'he amount so fixed shall be a debt dae by the party ordered to pay it to the other party to such appeal.
Hearing of nppeal.	79. Every appeal shall be heard at the sittings of thc Local Court next after five weeks from the publicntion in the Cov~rnmeltt
Gnzettc of the notice of assessment or alteration thereof as the case
may be, and at the hearing the assessment-book shall be produced
by the Commissioner. Upon considering any relevant legal evidence that may Le tendered touching the questlon in dispute, the Court, at
the same or at some adjourned or subsequenl: sittings, may make such order tguching the matter in dispute and costs as shall be just, and shall cause any alteration necessitated by thc decision to be im.
mediately made in the assessment-book, which shall bc then produced to the Court by the Commissioner, and every such alteration shall be attested by the signature of the Special Magistrate, and the Court may enforce any order in the same manner as though the same were the order of a justice acting under summary jurisdiction.

Local Court map 80. The Local Court upon the hearing of any appeal may state

state c m for Supreme

court.

a special case for the opinion of the Supreme Court, and the

Supreme Court shall hear and decide such special case or cases according to the practice on special cases, and shall make such order as to costs as shall appear just, and any two or more Justices, or the Local Court, may make an order in respect of the matters referred to the Supreme Court in conformity with the certificate of the said Sumerne Court or of any Judge thereof, which order shall be en-

forced

45" & 46. VICTORIW, No. 269. 25

The Waterworks Act.- -1882. PART V.

forced in manner provided for the enforcement of orders of Justices

under the Ordinance No. 6 of 1850.

81. The right of the Comn~issioner to recover water rates in Righttorecover water rates not to be

respect of any land or premises alleged -in any notice of appeal to s,spen&d by aIjpal-

be assessed above its or their full and fair value, shall not be sus-

pended by the appeal; but if the appellant sllcceeds on such appeal,

the amount (if any) of water rates received by thc Coniruissioner in

excess of the amount wh'ich, according to the clccisioil on such

appeal, the Commissioner was entitled to recover fionl him, shall

forthwith be repaid to him by the Commissioner.

82. The Commissioner may make and levy water rattts on all water

lands and premises comprised in the said assessmmt, and the scale

of water rates in thc Adelaide water district, described in the Second Schedule hereto, shall be as follows, viz. :-On all tenements assessed at or below Fifteen Pounds a ycar, Fifteen Shillings; on all tene- ments assessed abovc Fifteen Poilnds and not above One Hundred and Twenty-three Pounds a year, five per centum on the whole assessed annual value ; on all tenements assessed above One Hundred and Twenty-three Pounds, onc! and a half per ccntum additional on thc assessed annual vctlue above One I-Inndrect and Twenty-three Pounds; and on unoccupied land or vacant land, two

and one-quarter per ccntum on the assessed annual value; and the scale of water rates for every other water district shall be such as the Commissioner shall in each yem; by notice in the

Governmmf Gazettc, fix and determine. All such water rates shall bc levied and taken as payment for water supplied by the Cornmis- sioner from the waterworks; but the Commissioner may, whenever he deems it expedient so to do, in lieu of making and lcryiug ratcs as aforesaid, sell or supply water to constmers, who shall pay according to the quantity of water consumed, snch quantity to bc ascertained by a meter on the Sand or premises of the consumer,

and the Commissioner may fix the price of the water, the scale of

to be paid, ancl the conditions upon which water shall be

rnivsioncr may, from t ime to time, reduce, throughout the wholc or sc-ilc of wnter ratea. $3. By notice published in the Governmelzt Gazette the Corn- P u w r toreduce

any part of any water district, the scale of water rates on every or m y des~siption of propcrt J amssed undcr this Act; and he may, by the like notice, reduce the price of water supplied by him under agreement.

m. 60 soon as conveniently may he, after each water rate has CoUecbrMeare particulars of wakr

been made by the Commissioner, thc collector of water rates shall ,	.	,
deliver to each owner or occupicr who is liable to pay such water rate, or shall leave on and in the assessed lands and premises for sudl owner or occupier, written or printed particulars of the water
rate which has been made and iq to be rollected in respect of such
lands and premises, and in such particu1;irs shall be specified the number and description of such lands and premises as set forth in

the

D- 269.

45' Ct 46" VICTORILE, No. 269.

The Wntelworks Act.-1882.

the assessment-book, and the consequence of not paying sucll water

rate.

Property exempted	85. No lands and builriings or other property used csc.lusively for charitable purposes. or any church, chttpe.1, or buildings used exclusively for public worship, nor any State school shall be subject
to m y rates on assessments to be levied in respect of such lands and
buildings.

from rates.

Land to be subject to

water rates whenever 86. MTatcr rates under this Act shall be paid and payable ill

main Isid.	respect of all lands and premises which are situate in any street ill the water district, providcd that a main pipe has bcen laid down in such street for the purpose of supplying water to such lands and premises.
Water rates to he

payable go soon as 87, Whenever, after the passing of this Act, a main pipe shall

main laid dowrl i u	have been laid down by the Commissioner in any street situate in
future.	any water district, he shall publish in the Gouermnent Gazette a
notice that such main pipe has bcen laid down. there, and that he is prepared to distribute constant supldy of water therefrom to the lands and premises situate in such street; and from and after the expiration of seven days from such publicatioa being made, water rates shall be payable, according to the scale which shall then be in force in respect of lands and premises within such water districts, for the period which shall elapse between the first day of whatever month shall next follow the expiration of such seven days and the first of the half-yearly days of payment hereinafter mentioned, and tliereafteu the rates shall be payable half-ycarly in advance on every first day of Jmuarv arid first clay of July accorcling to the scale lvhich &ail be in force & the time when such payments slmll respectively fall due.

Where several hou*s 88. Where several houses or parts of houses in the separate occu-

supplied by oue p i p pation of several persons itre supplied by one Common pipe, or where!

each rater

~cttes.	water is supplied to courts, alleys, and rights-of-way by standpipes,	the several owners or occupiers of such houses or parts of houses. or	of the several houses or of houses in every &h court, allei, or
rightof-way, shall be liable to the payment of the same water rates as they would have been liable to if each of such severd hduses or parts of houses had been supplied with water from the works of the Commissioner by a separate pipe.

Collector may give	89, In regpect of water rates in ayrear for the payment whereof
notice to tenants to

pay rents when water

the owner of the property assessed is liable, the collector may give

rates payable bp

notice in writing to the occupier of the property, in respect of which

owner at8 in :Irrmr.

such arrears shalzll be due, to pay to him all rcnts thenceforward until satisfaction shall be made thereout of such arrears. and every such occupier shall pay all rent accruing due after the service of

notice. pursuant to the requisitions thereof, to the collector;

and until full satisfaction of such arrears by the receipt of rent as

together with all costs, including a poundage of One

Shilling

45" & 4 6 VICTORIE, No. 269. 27

The Tv~terworks Act.-1882.

-

.

Shilling on the total sum, the Cornrnissioirer is hereby empowered to

PAW v-

exercise against the occupier, in addition to any other remedy under

this Act, ill remedies which may be enforced by a landlord *against

a tenant for recovery of rent in arrear. The receipts given by the ,

Commissioner or collector to each such occcupier shall, as between him and the person to whom he should otherwise have paid such rent, be a complete discharge from such rent to the amiunt paid, and may be pleaded in bar to every action in which such rent is, or damages in lieu thereof are, sued for.

upon the land and premises charged therewith, and no statute of charge on the land. 90. M1 water rates shall until payment be a continual charge Watermtestabea

limitations shall affect any action or other proceedings which shall

be brought for the recovery or enforcement of such rates.

$1. Water rates shall be paid by, and be recoverable from, the Wakrmtea recover- able from owner or

owner of the premises or the occupier thereof, or the person re- occupier. -

ceiving or using the supply of water, and all rates (except those for water supplied by measure under agreement) shall be paid in advance by equal payments on the first day of January and first day of July in each year.

92, If any water rates due to the Commissioner be unpaid, Power tliss"in for water rake in arrear.

the Commissioner may recover the same with costs, or may

order a warrant to be from time to time issued to some bailiff or other person named therein to levy such water rates by distress and sale of the goods and chattels of the person occupying the premises in respect of which such rates are due, or to which water shall have been supplied under agreement, at the time when the warrant of distress is executed; and in case no sufficient goods and chattels of such occupier shall be found in the premises to satisfy such distress the owner of the premises, or, if he be absent from the province, his agent, shall be liable for such watex rates, and the same may be recovered from him.

93. When any owner or lessor of any property assessed shall, by ~ ~ \ ~ ~ {, " f i s "; , " ~ -

contract or otherwise, be lia.ble to payment of any water rates to be lord mcty recover

collected in respect thereof, and su& water rates-shall be required wme.

from and paid by any lessee or occupier, then such lessee or occupier

may set off the amount so paid against any rent due from him to

such owner or lessor, and the collector's receipt for such water rates	t
shall be a discharge of rent and evidence of payment to the amount specified therein. If the water rates so paid or satisfied shall exceed the rent due, such lessee or occupier may either set off such amount against accruing rent or recover the same by action as for money paid, and if any notice shall have been given by such lessee or occupier to the owner or lessor of the water rates having been demanded, and there shall be no rent due from him in respect of the property rated, and such lessee or occupier shall be compelled to
pav such water rates, he may sue the owner or lessor for the amount
as for money paid, and shall be entitled to recover the same with

full

45' & 46" VICTORIIE, No. 269.

The Waterworks Act,-1882.

full costa as between attorney and client; but, if the goods of such lessee or occupier shall have been subjected to distress and sale for the satisfaction of such water rates and no rent shall at the time be due, then he may sue the owner or lessor for double the amount of the value of his goods so distraiued and sold, and shall be entitled to recover the same with costs as aforesaid,

Tenant may recover

portion of water rats

94. A tenant who pays water rates for a period prior to or ex-

in certain cwee.

tending beyond his term shall be entitled to recover from his

landlord the amount so paid.

Lands may be sold

when water mtea are

96. Whenever any water rates in respect of any lands or premises shall have been in arrear for the space of two years, it shall be lawful for the Commissioner to cause to be published three times in the Government Gazette EI notice, in the form prescribed by the regulations made under this Act; and if, after one year from the last publication of the notice, all or any part of the water rates due at the time of thc first publication thereof are still unpaid, thc Commissioner may let such land or premises from year to year, and may xeceive the rents and apply the same towards

111 urrear.

the payment of the water rates and the costs and expenses, and

hold any surplus for the owners of the lands or premises; or the commissioner may, by petition to the Supreme Court or any Judge thereof, apply for a sale of the lands described in such notice, or of so much thereof as may be necessary, and the Court or Judge, on being satisfied by affidavit or otherwise that the arrears are lawfully due and were in arrear at the time of the first publication of such notice, and tha.t all acts required by this clause to be done by the Commissioner have been h e, shall order the sale of such lands, or so much thereof as shall be sufficient to pay all arrears due up to the time of sale and interest at five per centum per annum, from the time of the first publication of the notice on such arrears as were then due, together with all costs of and attending the notice, and the costs of and attending the application and of and attending the sale

by public auction, and the proceeds to be paid into Court, and the Court or a Judge may order payment of the said water rates, interests, costs, and expenses to be made in preference to any mortgage or

other security, and that the conveyance or deed of assurance, as the case may require, shall be executed by the Master, or other officer of the Court, to the purchaser, in such form as shall be approved by the Court or a Judge, and such conveyance or deed of assurance shall vest the legal estate (according to its nature) in the sold lands in the purchaser, free from all encumbrances, and the

ba1anc:e arising from the proceeds of such sale shall remain and be

subject to any future or other orders of the Court, for behoof of the

party ar parties interested therein,

Leesee may recover	M,	Any lessee, and the executors, administrators, md assigns of
half cost of .service

p i p, &C., when lease any lessee of lands assmsed under this Act. who holds or who hold	lms IBAB than five
years to run. t h tb under a lease for a term whereof a period less than five years remain unexpired, when the cost hereinafter mentioned is incurred,

shall

45' & 4 6 O VICTORIE, No. 269.

The Waterworks Act.-1882.

shall be entitled to receive from his lessor, his executors, adminis- P*== F.

---- --

trators, or assigns, a moiety of the cost ahich such lessee or his under-lessee, or the executors: administrators, or assigns of such lessee or under-lessee, may have paid or may be liable to pay to the Commissioner for providing, laying down, and fixing in readiness for

use, such service pipes or other prescribed fittings as are necessary for

conveying the water from the main pipe to such lands, and may, in addition to any other remedy for reaovering such costs, deduct such moiety from any rent due or to accrue due under such lease.

All moneys received by the Commissioner under the authority charges of and attending the collection of the same, and also of the maintenance of the works and of keeping up the supply of water, and all such moneys which under the authority of this Act he has paid, be paid at least once in each yeas by the Commissioner to thc	$ ~ s p ~ b ~; ~ t o
of this Act shall, after deducting therefrom the necemary cost and T pay off such amount of capital and interest in respect of the moneys raised for the purposes of the works as may from time to time fall	, , , , ,
due.

97.

for the year preceding, under the distinct heads of receipts and be published. 98. In each year the Commissioner shall cause to be prepared A ~ u. 1 accountsto

expenditure, an account in abstract of all moneys advanced to him, and of all water rates and other moneys levied or received by him for the purposes of the waterworks in each water district, and also of all moneys expended by him for such purposes and of the manner in which such moneys were expended. Each such account shall contain astatement of the balance of such account, and shall be duly audited and certified by the Auditor-General of the province, and a true copy

of srwh account in abstract shall be published in the Government

Gmctte on or before the thirty-first day of December in the year in which it is prepared,

PART VI. PART W.

LEGAL PROCEDURE.

99, All fines, penalties, and other moneys levied or recovered Appropri~tionof

by the Commissioner under this Act, or under any agreement made under thin Art.	moneys recovered
under it, shall, so far as not otherwise specially appropriated, be paid to the Treasurer, to be by him carried to the credit of the Commissioner for the purposes of this Act.

100, Every offender against any of the foregoing enactmentu, or rrosecutiona ana

fine, forfeiture, or penalty incurred under this Act or such by-

laws, may be imposed and recovered in manner provided in the

against any by-laws made thereunder, may be prosecuted, and every recovery of fines. committed against any of the foregoitig enactments shall be heard and adjudicated upon by a Special Magistrate or two Justices of the

Peace

45' & 46" VICTORIA, No. 269.

The Waterworks Act.-1 882.

PART v. .- Peace for the province; and all forfeitures under this Act may be

declared, and all fines and r~enalties incurred under this Act may be

imposed; and payment thereof enforced by him or them respe&ely,

as the case may be.

A P P ~ from 0rda-a 101. There shall be an appeal in manner provided by the

of Justices.	Ordinance No. 6 of 1850 from any order of a Justice or Justices under the provisions of this Act, and from any order of Justices dismissing an information laid under this Act, and no arder of Justices or of a Local Court shall be removed by certiorari into the Supreme Court.
Register of meters to

be wind f& 102. The register of every meter provided by the Commissioner,

evidence.	or a copy thereof, certified by the Commissioner or any officer
appointed by him under this Act to be true, shall be prim& facie
evidence of the quantity of water consumed.
Persona liable for
penalties.	103. Every penalty imposed by this Act, or by any by-law made thereunder, may be proceeded for and enforced either against the person actually committing any breach of such Act or by-law, or
the person in whose employment he is, or on whose behalf he is
acting.
Distress not unlawful

for want of form. 104. Where any distress is made for any sum of money to be

levied under this Act, the distress itself shall not be unlawful, nor the persons making the same be deemed trespassers, on account of any defect or want of form in the information, summons, conviction, warrant of distress, or other proceedings relating thereto; nor shall the persons distraining be deemed trespassers on account of any irregularity that shall be afterwards done by the persons distrain-

ing, but the persons aggrieved by such irregularities may recover

satisfaction for the special damage in an action on the case.

~6 to proceeding$ 105. All actions and prosecutions to be commenced against any

againat persow acting	person for anything done, or for anything omitted which ought to
under this A O ~.	have been done in pursuance of this ,4ct, shall be commenced within three calendar months after the fact was committed, or omitted, as
the case may be, and not otherwise; and notice in writing of such action, and the cause thereof, shall be given to the defendant one month at least before the commencement of such action, and in any euch action the defendant may plead the general issue, and give
this Act and the special matter in evidence at any trial thereupon;
and no plaintiff shall recover in any such action if tender of sufficient amends shall, as hereinafter mentioned, have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought by or on behalf of the defendant, together with the costs incurred up to that time, and if a verdict shall pass for the defendant, or the plaintiff become nonsuited, or discontinue any such action on issue joined; or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between

attorney

45u 8r 46" VICTORIE, No. 269.

The Vaterworks Act.-1882. W

- -. - ------p ----P--- ---

PART - V I. - -W

attorney and client, and have the like remcdy for the same as any defendant hath by lam in other cases; and though a verdict shall bc given for the plaintiff in any such action, such plaintiff shall not have costs against the defeddant unless the Judge or Magistrate before whom the trial shall be had shall certify in writing at the conclusioo of the trial his approbation of the action and of the verdict obtained thereupon.

106. If any person shall commit any irreg~larity, trespass, or Tender of amends.

othcr wrongful proceeding in execution of thk Act, or shall omit to d o anything which in pursuance of this Act he ought to do, or by virtue of any power or authority hereby given; and if such person make tender to the person injured, his attorney or %ent, of such tttnends as, in the opinion of the jury, Judge, or Magistrate at the trial were sufficient, such last-mmtioned person shall not recover in

any sueh action.

107, It shall be lawful for any officer or servant of the Commis- Trmsiunl olfcruiers.

sioner. and all persons called by him to his assistance, to seize and detain any person who shdll have committed any offence against the ~~rovisions of this Act, and whose name and residence shall be unknown to such officer or servant, and convey him with all con- venient dispatch before a Special Magistrate or two Justices, without ally warrant or othcr authority than this Act, and such Special Magistrate or Justicea shall proceed with all convenient dispatch to the hearing and determining of the complaint against such offender.

108. The production of the Government Gazette containing any Gazctce to be evidence

loti ice or assessment purporting to be published by the Commissioner in

in pnrsuance of this Act, shall in every Court of Justice be deemed and taken to be printti facie evidence of the publication, and of all such facts and circumstancos as were or shall be necessary to

authorise the pblication of any such no+' m e or assessment.

PART VII. PART Y J L.

POWER TO LEASE WATERWORKS IN OU'I'LYING DISTRICTS TO MUNICIPAL CORPORATIONS, DISTlCTCT COUNCILS, OR PERSONS.

109, The Commissioner may, with the consent of the Governor, Pomrtolease.

lease to any Municipal Corporation or District Council or to any persons the whole or any part of any waterworks, and any property connected therewith, for such period, at such rent, upon such terms and conditions, and subject to such powers, reservations, restrictions, and provisions as he may think fit: And ewry Municipal Corporation or District Council may accept any sueh lease, and may from time to time apply all necessary portions of its revenue in pavlng the rent rescrvrd thereby, and also in repairing and inaiutaining the water- works so leased: Provided always, that the power to lease hereby

conferred shall not applv to any waterworks xithin tlw water district

of Adelaide described i; the Second Schedule here to.

110, The

45' & 46* VICTORIW, No. 269.

The Waterworks A c t. 1 8 8 2.

ART Y 11.

- 110. Thc Commissioner may, with the consent of the Governor,

Power to accept	accept il surrender of any such lease upon such terms and conditions,
surrenders.	and may allow such concessions and remissions, as he shall think fit.

P O W - ~ ~ of leasees. 111. Evcry such lessee shall, during the term of the lease, have

and may exercise, with respect to the works so leased, all such rights, powers, and privileges vested in and exercisable by the Com- missioner as the Governor may, from time to time by Proclamation to be published in the Government GazettP, declare: And notwith- standing any such lease, all felonies, misdetnemors, fines, penalties, and forfeitures for any crime or offcnce against the provisions of

this Act, shall be punishable, payable, and recovcral~le against, by,

and from the person committing or liable to thr same, as if any sudl

leases had not bcen made.

Corunienccment of 112, This Act shall come into operation on the first day of

Act. January, one thousand eight hundred and eighty-thrcc.

In the name and on bclrnlf of Iier Majesty, I hcrclq nsstwt to

this Bill.

No. 269.

-v -- - --- -

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The Watertmrks A c t. 1 8 8 2.

THE FIRST SCHEDULE.

ACTS REPXALEI).

- .-p-.-

Extent of

~ c f e n n c u to h( t. I Title of Act. Repeal.

l

S o. 25 of 1862. Port Aupurta TVat~rtvorlis Act, 1862. The whole.

No. 4 of 1861. Port hugus ta Waterworks Amendment Art, 1864. Tl~e wliole.

No. 9 of ! 87 j. The Adelaide City, Port, ant1 Suburban Water- The whole.

works Act.

KO. 84 of 1877. An Act to extend tlw I'rol-isiona of the Adclaiclc The wholc.

City, Port, a11c1 Suburban TVnterworks Act.

No. 66 of 1877. The Kapunda Waterworks Act, 18'77. The wholc.

X o. 98 ot 1878. I The Waterworks Act, 1878. The whole.

Su. 108 of 1878. 1 The Waterworks Amendment Act, 1878. Tlit: wholc.

Xo. 110 of 1878.	The Waterworks Further Amendment Act, 1878.	The whole.
No. 115 of 1878.	The Glenelg Waterworks Act, 1878.	The whole.
No. 144 of 1879.	An Act to anthorike-the Comtruction of a Tank	The whole.

and other Works for the purpose of affording a

Supply of Watcr to the District of Mapill.

No 145 of 1879. The Port Pirie Waterworks Act, 1879. The whole.

Eo. 147 of 1879. ! The Waterworks Act, 1879. The whole.

No. 148 of 1873. 1 The Port Augusta Tvaterwork~ Act, 1879. The whale.

iVo. 173 of 1880.	The Glenelg Waterworks Act,, 1880.	The wholc.
No. 175 of 1880.	The Glen Usrnond Watenrorks Act, 1880.	The whole.

KO. 171; ot i880. ' 'I'hc Teatrce Gully and 3Iodbury Waterworks Act, The whole.

1880.

No. 180 oE 1880. The Gswler Waterworks Art, 18XU. The wholc,

l

THE SECOKD SCHEDULE.

Adelaide Water District.

Commencing at a point on the sea-coast opposite the south-west corner of section 243,

Hundred of Noarlunga; thence eascerly to mid corner, and along it6 south boundary to

its south-east corner; thence northerly along the eastern boundaries of sections 293, 242, 241, and 240 to a point o?posite the south-west corner of section 205; thence easterly along the southern boundsries of sections 205,182.142, and 119, and portion of preliminary section 79 to the River Strwt; thence north-westerly, following said river to ihe eouth boundary of section 148; thence easterly along portion of the south boundary af said section, and south boundary of section 11 5, Hundred of Adelaide, to the south- east corner of the latter section; thence northerly along its eastern boimdary to a point

opposite the south-west corricr of ~ect ion 86; thence easterly to said corner, and along

the south boundaried of sc:*tions 66 and 58 to the south-east corner of the latter section; thence ncrtherly along thc eastern boundaries vf sectione 58, 57, 56, 5 5. 54, 53 and 52, acrocs the road to tlir south-east corner of section 51; thence easterly along the

northern side of road on the ,sonth boundnrics :)f sections 49, 224, and 251, to the

south-ea,st

E-2611.

VICTORIrE, No.

The TVaterzoorLs Act,-1882.

south-east corner of the latter section: thence northerly along the eastern boundaries of preliminary sections 251 and 252 to the north-east corner of the latter section; thence easterly along the south boundary of preliminary section 265 to its south-east corner; thence northerly along eastern boundaries of preliminary sections 265, 264, 263, and 262 to the north-east corner of the latter section; thence easterly by the southern side of road to the north-east corner of section 375; thence southerly to the south-east corner of the said section; thence easterly to the south-east corner of section 290; thence northerly by the eastern sides of sections 290, 289, find 288 to a point on the eastern boundary of the latter section about

1,600 links south of its north-east corner; thence westerly by the northern boundary

of Kensinpton Pu'orth to a point two chains east of the eastern eide of the road east of section 277 ; thence north-easterly by a straight line to a point on the northcrn boundary of section 288, about 1,700 links easterly from its north-west corner; thence north to the south boundary of section 287; thence easterly along northern side of road south of the said scction to the south-west corner of preliminary sectlon

302 ; thence northerly along the western boundaries of preliminary sections 302 and

303 to the north-west corner of the latter aection; thence easterly along the south

boundary of eection 265 across the road to the west boundary of section 276; thence southerly to the south-west corner of said section; thence easterly to its south-east corner; thence northerly along the eastern boundaries of sections 276, 277a, and 313 across the road to the south-west corner of section 279 ; thencc easterly to its south-east corner; thence northerly along eastern boundaries of sectioas 279 and 278 to a point opposite the south-weat corner of section 296; thence easterly along its south boundary to its fiouth+east corner; thence northerly to its north-east corner; thence east~rly along the southern boundary of section 298 to a point 1,416 links from its south-east corner; thence northerly at right a n ~ l e s for about eight chatns to the southern side of road aouth of allotment 19, Thorndon Park; thence we~terly and northerly along the southern and yestern sides of roads south and west of Thorndon Park to the north boundary of gection 298 aforesaid; thence weaterly along said boundary to the north-west corner of said section; thence northerly across thc road and along the eastern boundary of preliminary section 336 to the southern side of the River Torrenr; thence westerly along said eide of river to a point opposite the south-east curner of preliminary section 509; thence northerly across the river and along the castern boundarj of the said section to its north-east corner; thence westerly alcng the northern boundaries of preliminary eections 509, 508. 503, 500, and 495 across the road to the eastern boundary of seetion 317 ; thence northerly along the eastern bound.iries of sections 517, 318, 319, and 320 to the north-east corner of the latter section; thence westerly by the eouthern side of road north uf sections 32b. 821,3;lli, 837, and portion of the southern boundary o f the Hundred of Port Adelaide to a point opposite the south-east corner of section 1178 in said hundred; thence nur th- westerly and northerly along portion of the north-eastern boundary of section l 178, and western side of road on the eastern boundaries tif sections 972, 970, 248, and

the samo line produced for about four ~nilcs fifty-fivc chains to a point cast of

Pelican Point, LeFevre's Peninsula; thence west to said point, and aoutherly along

the sea-coast to the point of commencement.

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Adelaide : By authority (photolithognlphed), B. F. ZJsanm, Government Printer, Xo'or?h-tertace.