PART I. Municipal Corporations Act.—1923. PART VIII.-Officers of the Council. DIVISION 1.-Public Streets : ing, Planting, etc., of Streets, etc., by the Council : joining Streets : Streets : Formed, Drained, etc., at Expense of Landowners : DIVISION Municipal Corporations Act.—1923. PART I. DIVISION II.-Assessments Based upon Annual Value : — into Operation and Ceases to Operate. Annual Value : Land Value. either Method of Assessment : Assessment is Based upon Annual Value: Assessment is Based upon Land Value. XXVI.-Recovery of Rates- is Based upon Annual Value: is Based upon Land Value: Method of Assessment. takings. City of Adelaide only. 3. (1) This Act is a consolidation of the Acts mentioned in the Acts consolidated First Schedule, and the said Acts are hereby repealed to the extent and repealed, therein mentioned. (2) Such First Schedule. Municipal Corporations Act.—1923. PART 1. Saving provision. (2) Such repeal shall not- Act of any of the Acts or portions of Acts hereby repealed : (6) alter the past or future effect of the doing, suffering, or omission of anything prior to the commencement of this Act: (c) affect any lease, licence, loan, mortgage, agreement, deben ture, deed, bond, or coupon heretofore made, granted, or issued under or by virtue of any of the Acts or portions of Acts hereby repealed or of any by-law made there under: (d) affect any estate, right, title, interest, privilege, power, duty, obligation, liability, charge, or penalty created, acquired, accrued, exercisable, incurred, or imposed by, or under, or liable to be imposed under, any of the said Acts or portions of Acts hereby repealed, or under any by-laws made thereunder : (e) affect any petition, proclamation, election, assessment, notice, order, by-law, regulation, rate, or valuation, or any proceeding, matter, or thing presented, made, held, given, published, declared, or done under any of the said Acts or portions of Acts hereby repealed : (f) affect any legal or other proceeding heretofore commenced or hereafter to be commenced in respect of any of the matters or things in this section before mentioned. (3) All matters and things mentioned in subsection (2) of this section are, to the extent that they were respectively in force immediately before the commencement of this Act, hereby preserved and continued, and declared to be of the same force and effect as if this Act had been in force when they were respectively done, suffered, omitted, made, granted, issued, created, acquired, incurred, imposed, presented, held, given, published, or declared, or accrued, or became exerciseable or liable to be imposed, and they respectively had been done, suffered, omitted, made, granted, issued, created, acquired, incurred, imposed, presented, held, given, published, or declared, or had accrued, or become exerciseable, or liable to be imposed under this Act. (4) All corporations and wards in existence immediately prior to the commencement of this Act shall be and continue corporations and wards under and subject to the provisions of this Act. (5) All Mayors, Aldermen, Councillors, Auditors, and officers or other persons appointed, elected, holding, or continuing to hold any offices under or by virtue of any of the Acts or portions of Acts hereby repealed, shall continue in and hold such offices under and subject to the provisions of this Act. (6) The citizens' roll in force in any Municipality at the commencement of this Act shall continue to be the citizens' roll for such Municipality PART 1. Municipal Corporations Act.—1923. Municipality as if this Act had been in force when such citizens' roll came into force, and such roll had been prepared under this Act. (7) All proceedings which at the commencement of this Act are depending in any Court, or before any arbitrator or other authority, may be proceeded with, heard, and determined, and the decision or award or any order made therein may be enforced under this Act. (8) All lands, tenements, hereditaments, and premises, and property of every description whatsoever vested in, belonging to, or under the care, control, or management of any Corporation or Council, immediately before the commencement of this Act, shall be and continue vested in, belonging to, or under the care, control, and management of such Corporation or Council. (9) All offences committed, and all liabilities, forfeitures, and penalties incurred, or imposed, or liable to be imposed, before the commencement of this Act, may be tried, punished, inquired into, and enforced under this Act. 4. (1) In this Act, except where the subject matter or context, Interpretation. or other provisions hereof, require a different construction M.C. Act, 1890, s. 6. Assessment” means an assessment made pursuant to Division 573, 1893, s. 13. II. or Division III. of Part XXIII., as the case may require : . assessed : M.C. Act 1890, s. 6. “ Commissioner of Taxes” includes any Acting or Deputy Com- 573, 1893, s. 13. missioner appointed under the Taxation Act : Corporation means any Municipal Corporation now in M.C. Act, 1890, s. 6. means and includes the Mayor and Councillors of Ibid. the limits aforesaid : tax for the time being in force under the Taxation Act : Taxation Act, and as assessed by the Council under Division “ Minister" 66 66 PART 1. Municipal Corporations Act.—1923. 66 M.C. Act, 1890, s. 6. 1183, 1914, s. 3. M.C. Act, 1890, s. 6. Ibid. Ibid. Ibid. Ibid. * Minister” means the Minister administering this Act, or the part to which the expression relates : “ Motor vehicle " means any vehicle driven or propelled, or ordinarily capable of being driven or propelled, either wholly or partly, by any volatile spirit, steam, or electricity, or by any means other than animal power, but does not include any vehicle run upon a railway or tramway: Municipality” means any locality the citizens or inhabitants of which are incorporated, or are continued or become incorporated, under this Act: Occupier ” includes leaseholder : “Owner" includes the person for the time being receiving or entitled to receive the rents and profits of any lands, messuages, or hereditaments within any Municipality, whether on his own account, or as agent, trustee, or attorney for any other person : “Park lands” means any open or enclosed park lands included in or adjoining any Municipality, which are already, or are hereafter declared or set apart for the use and enjoyment of the inhabitants of such Municipality, or which are vested in the Corporation, or under the control and management of the Council : “ Pave,” “ paved,” and “paving” mean and include paving with asphalt, flags, or other stone, or any other material that the Council deem expedient, and respectively include ' kerb," "kerbed,” and “kerbing": Public notice” means notice by advertisement in the Gazette, or in a newspaper circulating in the Municipality : Public place” includes every road, street, lane, footway, , court, alley, and thoroughfare which the public are allowed to use, and whether formed on private property or not, within the limits of any Municipality : “Ratable property' (1) so far as concerns any municipality in which Division III. of Part XXIII. is not in operation means and includes all buildings, lands, tenements, and hereditaments (including land belonging to the Crown), except(a) Land belonging to the Crown, not granted or lawfully contracted to be granted in fee-simple to any person, and not leased to or in the occupation of any person : (6) Lands and buildings, and parts of lands and build ings, used by the Government for a public purpose : Provided that, notwithstanding any provision to the contrary in any special or general Act, such (if any) parts of any such building as are occupied by any person as a dwelling shall be ratable property, and the person so occupying the same shall be the ratepayer in respect thereof : (c) Any Ibid. 66 M.C. Act, 1890, s. 6. Ibid. |
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