An Act to authorise Works for Supplying Water 29 VICTORIA, to certain districts and places in Victoria. [12th October 1865.] E it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows:— No. 288. 1. This Act shall be called and may be cited as the "Water- Title of Act. works Act 1865.” be constructed 2. It shall be lawful for the Board of Land and Works to Waterworks may construct complete and extend such works for supplying water to &c. all or any of the districts and places mentioned in the Schedule Schedule. hereto or to any part thereof as may from time to time, by order of the Governor in Council to be published in the Government Gazette, be directed to be constructed completed or extended. No such order shall be made until proof be given to the satisfaction of the Governor in Council that a sum of not less than six pounds per centum on the total estimated cost of the construction of such works can be annually raised by means of water charges and rates to be charged and levied respectively as hereinafter mentioned upon the persons using the water and upon the residents of the district or place for the benefit of which such works are to be constructed. 3. The cost of such works so directed to be constructed com- Cost of works how defrayed. pleted or extended as aforesaid, and also the cost of the construction of works for the supply of water to the inhabitants of the town of Geelong and the suburbs thereof under the authority of "The Public Works Statute 1865," shall be defrayed out of the moneys to be raised by loan for the purpose under the authority of "The Public Loan Act 1865," and out of the proceeds that may arise from the sale of any waterworks vested in the Board of Land and Works and authorised to be sold by "The Public Works Statute 1865," and out of any moneys that may be appropriated by Parliament in any year for the construction of such works. of Part V. and Statute 1865" 589 4. [Part VII. of "The Public Works Statute 1865" relating to certain sections the taking of lands required for public works]) and the following Part VII. of " The sections of Part V. of the said statute (namely) sections 190 and Public Works 191, sections 194 to 202 inclusive, sections 230 and 231, sections 233 adopted. to 235 inclusive, sections 240 to 243 inclusive, and section 250 shall be and the same are hereby adopted and incorporated with this Act; and work so ordered as aforesaid shall be deemed to be and shall any be an "undertaking" within the meaning of the said Part VII. and of this Act; and all the provisions and adopted sections of the said Parts respectively shall (except as is herein otherwise expressly directed) apply to any works so ordered as aforesaid. [The occupier of any claim held under a miner's right or of land under any license from the Crown or the Governor (other than the occupier of land (a) So much of this section as adopts and incorporates Part VII. of "The Public Works Statute 1865," and so far as relates to the claims VOL. III. 3 A held under miners' rights or leases from the Crown or the Governor, repealed by 33 Vict. No. 344 s. 1," Lands (Compensation)," ante, p. 1327. 589 29 VICTORIA, under a license for pastoral purposes) shall for the purposes of the said Part VII. and of this Act be a tenant.](a) No. 288. Lands &c. may and any pipes Lands may be Regulations and 5. It shall be lawful for the Board of Land and Works, at any time [within seven years from the passing hereof to purchase and take any lands and any water-races drains dams and reservoirs, that may be required for the purpose of any of the works so ordered as aforesaid; and all such works shall be executed by and shall (together with the water pipes plant and materials used for or connected therewith) be vested in the Board of Land and Works. 6. Notwithstanding anything in the said Part V. or in the said Part VII. of "The Public Works Statute 1865" hereby adopted or in this Act contained, the Board of Land and Works and any person authorised by it may, for the purpose of constructing completing or extending any of the works so ordered as aforesaid or for the purpose of constructing works for the supply of water to the inhabitants of the town of Geelong and the suburbs thereof as aforesaid, enter upon any lands of or held or occupied under the Crown, or upon any private lands, and may cause surveys to be made and levels to be taken thereon, and may construct any works on or over any road or on or over any lands reserved from sale under the authority of any Act heretofore or hereafter in force, and may take and divert water either permanently or temporarily or occasionally from any river stream or watercourse and store use sell or otherwise dispose of such water, without being deemed a trespasser or making compensation therefor to any person whomsoever. Provided nevertheless that the board shall, whenever and as far as may be reasonable and practicable and in order that all existing vested rights may be preserved, allow to flow in any river stream or watercourse from which water shall have been so taken or diverted sufficient water for the reasonable requirements of the owners and occupiers of land alienated from the Crown on the banks of such river stream or watercourse. 7. The Governor in Council may from time to time make alter and rescind rules regulations and orders for prescribing rates of charges for the use of the water supplied from any works constructed under the authority of this Act, and the manner and conditions in and upon which such water shall be used, [and for determining the limits of the district to be rated for any such works, and for making and levying a water rate upon all or some of the lands and tenements within such district (except hospitals, benevolent institutions, buildings used exclusively for public charitable purposes, churches chapels and other buildings used exclusively for public worship, the dwellings of ministers of religious denominations, and buildings used as schools and receiving aid from the Government or otherwise of a public character) and for fixing the amount of such water rate, and the mode and conditions of levying and collecting the same, and generally for all or any of the purposes for which the Board of Land and Works is empowered by "The Public Works Statute 1865" to make bye-laws relating to Water Supply: and every such rule regu (a) So much of this section as adopts and incorporates Part VII. of "The Public Works Statute 1865," and so far as relates to the claims held under miners' rights or leases from the Crown or the Governor, repealed by 33 Vict. No. No. 288. lation and order shall from the date of the publication thereof in the 29 VICTORIA, Government Gazette, and until the same be altered or rescinded as aforesaid have the same force and effect as if it were embodied in this Act. Provided that the valuation of any lands or tenements for the purpose of such rate shall not in any year exceed the valuation (if any) of such lands and tenements during the same or the previous year by the corporation council or board of any town borough shire or district in which such lands or tenements are situated, or (if there be no such valuation) the valuation made by a valuator to be appointed by the Board of Land and Works subject to review and alteration by a police magistrate on appeal by any owner or occupier; and that no such rate shall exceed the amount of five pounds per centum on such valuation. Provided also that the total Repealed by amount of the charges and rates for any such works in any district Seeb shall not be less in any year than a sum equal to six pounds per act 589 centum on the total cost of the construction of such works. coverable. 8. All sums charges and rates charged and levied, and all penal- Charges and rates ties and forfeitures imposed under the authority of this Act or under summary reor by any regulation or order as aforesaid, shall and may be recovered in a summary way before a police magistrate by any person appointed by the Board of Land and Works to collect and recover water charges and rates. 9. Any officer of the Board of Land and Works authorised in Inspection of that behalf shall have free liberty at all reasonable times without valuation books, charge to inspect any valuation rate or assessment for any borough shire or district and to take a copy of or make extracts from the same. And if any person having the custody of any such valuation rate or assessment shall refuse or neglect to allow such officer upon due request to inspect at any reasonable time such valuation rate or assessment or to take a copy of or make extracts from the same, the person so refusing or neglecting shall for every such offence forfeit a sum not exceeding twenty pounds. 10. The Board of Land and Works may, by direction of and Works may be subject to such terms covenants and conditions as may be prescribed sold leased &c. by the Governor in Council, sell and convey to any person any of the works constructed under the authority of this Act for any price not being less than the sum expended in the construction of such works, or may demise and lease any such works for any rent not being less than a sum equal to six pounds per centum on the total cost of the construction of such works, or may by agreement in writing commit to any person the care maintenance and management of such works. Whenever any of such works shall have been sold and conveyed or leased or committed to the care of any person as aforesaid, the purchaser or lessee or caretaker shall, while he is in lawful possession of such works, have the same power to make and enforce bye-laws (subject to the terms covenants and conditions of the conveyance lease or agreement and subject to the provisoes restrictions and obligations herein contained) as is hereby given to the Governor in Council and the Board of Land and Works to make and enforce rules regulations and orders. Provided that if the price or rent or sum to be paid by the purchaser or lessee or caretaker of any of such works or any portion of such price rent or sum respectively be No. 288. 29 VICTORIA, not paid in accordance with the provisions of this section and of the conveyance lease or agreement, it shall be lawful for the Board of Land and Works, at any time after giving one month's notice in the Government Gazette, to enter without legal process upon and to take and keep possession of such works; and from and after the date of such entry the power to make bye-laws hereinbefore granted, and all bye-laws theretofore made under such power by the person to or with whom the said conveyance lease or agreement had been made, shall absolutely cease and determine, and the works shall be vested in the Board of Land and Works without any reconveyance thereof; and the Governor in Council and the Board of Land and Works respectively shall have the same powers of making altering rescinding and enforcing all such rules regulations and orders aforesaid in respect of such works as if such conveyance lease or agreement had not been made. Completion of works. Schedule. Sic. 11. It shall be lawful for the Governor in Council to apply and existing water- lend, towards the completion of any works for the supply of water to all the inhabitants of the whole or any part of any district or place in the Schedule hereto mentioned which shall have been commenced before the passing of this Act and which shall be vested in or be possessed by some person or persons other than the Board of Land and Works, any sum not exceeding one hundred thousand pounds from the moneys to be raised under the authority of the* "The Public Loan Act 1865" for the construction or completion of works for supplying water, upon such terms and conditions as shall be agreed upon by and between the Board of Land and Works and the person or persons to whom such works shall belong. Provided that it shall be a condition of such agreement that a sum not less than six pounds per centum per annum shall be paid yearly to the Board of Land and Works, by the person or persons to whom such works shall belong. Provided also that if such condition be not fulfilled, it shall be lawful for the Board of Land and Works, at any time after giving one month's notice in the Government Gazette, to enter without legal process upon and to take and keep possession of such works; and from and after the date of such entry the Governor in Council and the Board of Land and Works respectively shall have the same powers of making altering rescinding and enforcing rules regulations and orders in respect of such works and the district or place in which the same are situated as are hereinbefore contained with respect to works vested hereby in the Board of Land and Works. Moneys to be paid into consolidated revenue. 12. All moneys, received for or in respect of any works constructed or completed or extended under the authority of this Act as charges rates purchase money rent or otherwise howsoever, shall be collected and received for and shall go into and form part of, the consolidated revenue; and the provisions of any Act now or hereafter in force for the collection and payment of the public moneys and the audit of the public accounts shall apply to all officers acting under the control of the Board of Land and Works in the execution of this Act. Any sums of money which may be received from water rates and from the sale of water in excess of the before-mentioned six per cent. interest on each special work shall, after the needful expenditure for the management and maintenance of the works has been paid, be by the Governor in Council invested at interest, the No. 288. principal and accruing compound interest to be a fund to the credit 29 VICTORIA, of such works; and when any district by its local bodies shall purchase the works for their use constructed under this Act, the amount of the said fund shall be credited off the cost of construction completion and extension. 13. No rates taxes or assessments shall be made calculated The Board not to or charged upon any buildings works lands races aqueducts or property vested reservoirs vested in or taken possession of by the Board of Land in it. and Works by or under this Act so long as they are so vested or in such possession. 14. If any person shall wrongfully take or use any water from Penalties. any works constructed or completed under the authority of this Act, or shall bathe therein, or shall throw or convey or cause or permit to go or be thrown or conveyed thereinto any animal rubbish dirt filth or other noisome thing, or shall wash or cleanse therein any cloth wool leather or skin of any animal or any clothes or other thing, or shall do any other act whereby the water in any of such works shall be fouled, or shall wilfully injure in any way any of such works, or shall wilfully or negligently waste misuse or unduly or wrongfully consume the water of any such works, he shall for each such offence forfeit a sum not exceeding five pounds. 15. Where any owner or occupier of any land within the drain- Nuisance in age area of any of the works constructed or taken possession of by drainage area. the Board of Land and Works under the authority of this Act shall do or permit to be done on his land any act, or shall permit to remain thereon any matter or thing, which is likely to injure the water supply of such works, if notice to discontinue or remove the same be given to him in writing by the board, 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 further sum of twenty shillings for each day (if more than one) that such offence continues.(") companies em 16. It shall be lawful for any company established for supply- waterworks ing any place with water, at any time with the consent of a majority powered to sell. of votes of the shareholders present in person or by proxy or by attorney at any general meeting specially convened for the purpose, to sell to the Board of Land and Works (in case it should appear to such board equitable or advantageous so to do, and after the terms and conditions of sale shall have been laid before both Houses of Parliament for a period of not less than one month) *to purchase *sic. and to pay for out of the moneys to be raised by loan for purposes of water supply under the authority of "The Public Loan Act 1865" all or any part of the undertaking lands works and property of any such company upon such terms and conditions as may be mutually agreed upon. (a) Where the area occupied by the holder of a license permitting him to erect a puddling machine on Crown land was afterwards included in a reservoir constructed under this Statute, he was held liable for depositing sludge, notwithstanding that he had an easement attached to his license. The section is prospective, but the continuance or persistence in doing an act, although the continuance in it was only similar to those of the same kind previously done, is a fresh doing, a fresh act; and the allowing that act, and continuing it after notice had been given, is an infringement of the provisions of the Statute.-The Queen v. M'Intyre, A.R., 30 March 1868. |