Validation of licences for use of water on Crown lands, and preservation of same from merger. British Columbia, 1921 (Second Session), and purporting to authorize the diversion of water for use upon an Indian reserve, shall be deemed or declared to be invalid by reason of non-compliance on the part of the applicant, the Lieutenant-Governor in Council, the Minister, the Comptroller, the Board, or the Water Recorder with the requirements of any of the said Acts, or by reason of want of authority or jurisdiction in the Board to order the issuance of the licence or in the Comptroller to issue the same. (2.) Nothing contained in subsection (1) shall exempt the holder of any such licence from the observance hereafter of any term or provision of the "Water Act" or any Act which may be passed in amendment or substitution thereof. (3.) Nothing contained in subsection (1) shall affect any application pending before the Board for a review or rehearing in respect of any such licence or any action pending in any Court. 65. No licence purporting to have been issued in pursuance of the provisions of the "Water Act, 1914," being chapter 81 of the Statutes of 1914, or the "Water Act," being chapter 271 of the "Revised Statutes of British Columbia, 1924," and purporting to authorize the diversion of water for use upon any land of the Crown, or land held by any Minister of the Crown, or any board or corporation on behalf of the Crown, shall be deemed or declared to be or to have become merged, extinguished, or void by reason of any rule of law, or be deemed or declared invalid by reason of any want of authority or jurisdiction in the Board to order the issuance of the licence or in the Comptroller to issue the same. VICTORIA, B.C.: Printed by CHARLES F. BANFIELD, Printer to the King's Most Excellent Majesty. 1925. 6. (1.) The Commissioners may, in their discretion, acquire the Power to acquire Gourlay Dyke by purchase or lease upon such terms as may be Gourlay Dyke. mutually agreed on between the Commissioners and the owners of the dyke; or may enter upon and expropriate the Gourlay Dyke, in which case the provisions of the "Drainage, Dyking, and Development Act" shall apply as in cases of the expropriation of lands for the maintenance of works in the district. protection afforded (2.) The Commissioners may pay to the owners of the Gourlay Compensation for Dyke such sum as the Commissioners consider just by way of com- by Gourlay Dyke. pensation for the protection heretofore afforded to lands in the district by the said dyke, and may levy taxes in respect of the sum so paid as part of the cost of maintenance of the works in the district. in default. 7. (1.) In the case of any parcel of land within the district in Funding of taxes respect of which all taxes levied by the Commissioners prior to the year 1921 have been paid, but the taxes so levied thereon during the years 1921 to 1924, inclusive, are in default, if application in writing is made to the Commissioners by the owner of the land before the first day of June, 1926, for the funding of the taxes so in default, and if the application is accompanied by payment in full of all taxes levied by the Commissioners on that parcel of land during the year 1925, all sums in default in respect of the taxes so levied on that parcel of land during the years 1921 to 1924, inclusive, and all interest accrued thereon, shall be funded and may be paid in the manner and subject to the conditions following: (a.) For a period of five years from the date of the application (b.) At the expiration of the said period of five years an (c.) During the said period of five years, and until the final (2.) If the owner of any parcel of land in respect of which taxes Effect of failure are funded under this section fails to pay in full to the Commis- to make payments. sioners any amount of interest, instalment of funded indebtedness, or current taxes, mentioned in subsection (1), on the date on which Adjustment of taxes. Retrospective. Refund of taxes. Power to expend moneys on certain dykes and works. Power to levy taxes for expenditures. prepared and filed in the Land Registry Office at New Westminster showing the lands in the district lying outside the Gourlay Dyke and the Public Works Dyke, respectively, which in the opinion of the Commissioners have ceased to be benefited by the works operated and maintained by them. (2.) Upon the filing of any plan under subsection (1), the lands shown by the plan as having ceased to be benefited shall be exempt from the levy thereon of any taxes by the Commissioners under the Drainage, Dyking, and Development Act," and the amount of taxes which otherwise would be leviable from time to time by the Commissioners against those lands shall be levied against the other lands in the district as part of the cost of the maintenance of the works in the district pursuant to the said Act; but nothing in this subsection shall affect the right of any person to enforce any charge or security existing at the time of the filing of the plan, in the event of the failure of the Commissioners to meet in full all claims thereunder, and the lands so exempted shall remain liable for all unpaid taxes which have been levied thereon under the said Act before the time of the exemption thereof under this section. (3.) The provisions of this section shall relate back to and have full effect in respect of all taxes levied or leviable by the Commissioners during the years 1921 to 1924, both inclusive, in the case of the lands lying outside the Gourlay Dyke, and during the years 1923 and 1924 in the case of the lands lying outside the Public Works Dyke. 4. Where any parcel of land lying outside the Gourlay Dyke becomes exempted from the levy thereon of taxes by virtue of the provisions of section 3, and where payment has theretofore been made to the Commissioners in respect of taxes levied thereon during the year 1921 or any subsequent year, the Commissioners shall refund to the owner of that parcel the amount of all payments so made. 5. (1.) The Commissioners may expend from time to time such moneys as they consider necessary in maintaining the Gourlay Dyke, the Public Works Dyke, and protection-works on the Slough Road for the purpose of protecting the lands in the district from flood-waters; and all expenditures heretofore made by the Commissioners for the purpose aforesaid on any of the dykes or works referred to in this subsection, or for the purpose of acquiring a right-of-way or site for the Public Works Dyke, are hereby validated and confirmed. (2.) The Commissioners may levy taxes from time to time for the purpose of paying expenditures authorized or confirmed by subsection (1) as part of the cost of maintenance of the works in the district, and all taxes heretofore levied by them for that purpose are hereby validated and confirmed. 6. (1.) The Commissioners may, in their discretion, acquire the Power to acquire Gourlay Dyke by purchase or lease upon such terms as may be Gourlay Dyke. mutually agreed on between the Commissioners and the owners of the dyke; or may enter upon and expropriate the Gourlay Dyke, in which case the provisions of the "Drainage, Dyking, and Development Act" shall apply as in cases of the expropriation of lands for the maintenance of works in the district. protection afforded (2.) The Commissioners may pay to the owners of the Gourlay Compensation for Dyke such sum as the Commissioners consider just by way of com- by Gourlay Dyke. pensation for the protection heretofore afforded to lands in the district by the said dyke, and may levy taxes in respect of the sum so paid as part of the cost of maintenance of the works in the district. in default. 7. (1.) In the case of any parcel of land within the district in Funding of taxes respect of which all taxes levied by the Commissioners prior to the year 1921 have been paid, but the taxes so levied thereon during the years 1921 to 1924, inclusive, are in default, if application in writing is made to the Commissioners by the owner of the land before the first day of June, 1926, for the funding of the taxes so in default, and if the application is accompanied by payment in full of all taxes levied by the Commissioners on that parcel of land during the year 1925, all sums in default in respect of the taxes so levied on that parcel of land during the years 1921 to 1924, inclusive, and all interest accrued thereon, shall be funded and may be paid in the manner and subject to the conditions following: (a.) For a period of five years from the date of the application (b.) At the expiration of the said period of five years an (c.) During the said period of five years, and until the final (2.) If the owner of any parcel of land in respect of which taxes Effect of failure are funded under this section fails to pay in full to the Commis- to make payments. sioners any amount of interest, instalment of funded indebtedness, or current taxes, mentioned in subsection (1), on the date on which Saving clause. Repeal. the same becomes payable, all amounts of interest and funded indebtedness then remaining unpaid in respect of that parcel of land shall for all purposes be deemed to be taxes in default in respect of that parcel of land, and with interest from the date of the default in payment, at the rate of eight per centum per annum, shall be recoverable under the provisions of the "Drainage, Dyking, and Development Act." 8. Nothing in this Act shall in any way affect any guarantee heretofore entered into by the Province for the payment of debentures issued by the Commissioners under the "West Nicomen Dyking District Aid Act," being chapter 100 of the Statutes of 1918. 9. The "West Nicomen Dyking District Tax Adjustment Act," being chapter 75 of the Statutes of 1923, is repealed. VICTORIA, B.C.: Printed by CHARLES F. BANFIELD, Printer to the King's Most Excellent Majesty. 1925. |