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PART XI.

Municipal Corporations Act.—1923.

Powers to make by-laws as to fore. sbores.

the Governor may, notwithstanding anything contained in the said Harbors Act, by Proclamation, place such part of the foreshore under the care, control, and management of the Council of such Municipality : Provided that the Governor may afterwards, by Proclamation, reserve the whole or any part of such part of the foreshore for any purpose or purposes which the Governor deems expedient, and thereupon the part of the foreshore so reserved shall cease to be under the care, control, and management of the Council, and the Council shall not on account thereof have any claim for compensation.

(3) In addition to any other by-laws which by this Act a Council is empowered to make, every Council may make, amend, and repeal by-laws, with respect to any portion of the foreshore, which is under its care, control, and management, and any reserve adjacent to any such foreshore which is under such care, control, and management for all or any of the following purposes : (a) For regulating, controlling, or prohibiting the use or occu

pation thereof by any person : (b) For regulating, controlling, or prohibiting the removal of

sand, shells, seaweed, or other material therefrom : (c) For fixing and regulating the collection of fees to be paid

for licences to use or occupy the same, or to remove sand,

shells, seaweed, or other material therefrom :

Provided that, with respect to any part of the foreshore within Eighth Schedule..

the specific or the general description contained in the Eighth
Schedule, a by-law made by a Council-
I. shall have no effect unless such by-law has been approved

in writing by the South Australian Harbors Board,
and the Board's approval has been published in the

Gazette :
II. may, from time to time, be altered or repealed by the

Governor, by Proclamation. Provisions applicable (4) The provisions contained in sections 507 to 511 both inclusive, to by-laws generally by-laws relating to by-laws and to the making and effect thereof, shall

apply to all by-laws made under the powers conferred by this section, and to the making and effect thereof.

(5) With respect to any part of the foreshore within the specific or the general description contained in the Eighth Schedule, no Council shall(a) erect, or suffer or permit to be erected thereon, any

permanent structure : (b) remove, or suffer or permit to be removed, or issue or permit

to be issued any licence to remove, any sand, shells, sea

weed, or other material therefrom: (c) do, or suffer or permit to be done, or issue or permit to be

issued any licence to do, any act, matter or thing whereby the surface of the foreshore may be in any way

altered management

made under this section.

Use of certain parts of foreshores.

revenue from foreshores.

Municipal Corporations Act.—1923.

PART XI. altered to the prejudice of the South Australian Harbors Board or of the discharge or exercise of any of the duties, powers, or authorities, or the jurisdiction, of the said

Board, without having first obtained the consent, in writing, of the said Board.

(6) If any rents, licence fees, or other moneys are received by a Application of Council (a) for the use or occupation of any foreshore, or any part

thereof;
(6) for the right to sell any articles or otherwise trade thereon ;
(c) for the right to remove sand, shells, seaweed, or other

material therefrom ; or
(d) for any other purpose connected therewith,
such Council shall apply the whole of the net revenue arising from
such rents, fees, and moneys towards the supply and improvement
of conveniences, utilities, and facilities on such foreshore for the
use of the public : Provided that such Council may apply such (if
any) part of such revenue as is approved by the Minister towards
subsidizing sports or other amusements to be held on such foreshore.

shoro.

239. (1) Notwithstanding anything contained in the Licensed Power to regulate Hawkers Acts, 1863 to 1912, or in any licence under any of the barking on foresaid Acts, no person shall hawk, or sell or offer for sale, any goods 1344, 1918, s. 17. or commodity on any foreshore of the sea or any part thereof, or on any reserve adjacent thereto, within any municipality the Council of which has, under the powers conferred by subsection (3) of section 238, made any by-law for the purpose of regulating, controlling, or prohibiting the use or occupation of such foreshore or part, or any such reserve, by street hawkers and itinerant traders, unless such person is authorised so to do under or by virtue of any by-law made by the Council of such Municipality.

(2) Any person offending against the provisions of subsection (1) hereof shall, for a first offence, be liable to a penalty not exceeding Five Pounds; for a second offence, to a penalty not exceeding Ten Pounds; and for any subsequent offence, to a penalty not exceeding twice the amount of the maximum penalty which might have been imposed on conviction for the last preceding offence.

240. For the purposes of sections 238 and 239, a reserve shall Reserve may be not be deemed not to be adjacent to a foreshore merely because it adjacent to foreis separated therefrom by a public or other road, street, or way. separated therefrom

by a street.

1344, 1918, s. 18 (2). 241. (1) Subject to the provisions of section 35 of the Harbors Jetties vested in Act, 1913, all jetties, piers, wharves, and breakwaters situated corporation. within or on the boundaries of any Municipality, which, by Pro- M. Aet: 1890,

s92 (part). clamation of the Governor, are placed under the care, control, and 1149, 1913, s. 35.

K-1558

Municipal Corporations Act.-1923.

PART XI.

Ibid., 6. 93 (part).

management of the Corporation or Council of such Municipality, shall be vested in the Corporation.

(2) Subject as aforesaid the Governor may issue to the Corporation a grant of any such jetties, piers, wharves, and breakwaters upon such trusts and under such conditions as may appear expedient.

(3) Subject as aforesaid until such grant is issued the Governor may, by Proclamation, resume such jetties, piers, wharves, and breakwaters.

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Council empowered
to light the Munici.
pality, or parts
thereof, with oil,
gas, electricity, or
otherwise.
M.C. Act, 1890,
s. 159.

LIGHTING. 242. The Council may(a) by contract or otherwise, as they deem proper, cause the

streets and public places within the Municipality, or such of them as they think fit, to be lighted with gas, oil, electricity, or otherwise, during such times as they

deem requisite; (6) in like manner provide such lamps, lamp posts, lamp-irons,

gas-pipes, and other works and materials as may be

necessary for that purpose ; (c) manufacture or contract for the manufacture of gas or

electricity for lighting such streets and public places, and provide or contract for gasometers, and all requisite

apparatus and machinery; and (d) appropriate, purchase, or rent any land necessary for the

establishment of such manufacture.

Contractors empowered under the direction of the

243. (1) The Council, or any company or person with whom

they contract for lighting the said streets and public places, or any Council to lay pipes of them, may, under the control and direction of the Council, or through streets.

officer appointed for that purpose, and the superintendence of the Ibid., s. 160.

Surveyor for the time being for the purposes of the last preceding
section-
(a) break up within the Municipality the soil or pavement of

any street;
(6) fix and lay therein such lamp-posts and pipes, as are

necessary for the purpose aforesaid ; and (c) cause the same to be fixed upon or against the exterior of

any houses or buildings, or the walls or fences thereof. (2) Neither the Council nor any person with whom they contract, shall lay or carry any gaspipe, or other materials or work, through any private building, enclosure, or land within the Municipality, otherwise than according to the provisions of Part XXX. except with the consent of the owner.

244. Subject

PART 11.

and alter number of

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Municipal Corporations Act.—1923. 244. Subject to any contracts, the Council may cause any lamp- Council may remove pillars or lamps to be taken down and removed to any other place lamps, and nature of within the Municipality, and to be altered as to the mode of giving the light afforded. light thereby and any material used therefor, and to be increased or Ibid., s. 161. diminished in number, from time to time, as they think fit.

245. (1) If at any time before any Municipality is so wholly Before general or chiefly lighted as aforesaid, the majority of the ratepayers of any Municipality, power principal street, or of any district or ward, are desirous that the to light streets and same be lighted with lamps, the Council may cause the same to be parts thereof at the

joint expense of the so lighted, either under the provisions herein contained or otherwise. Corporation and the

ratepayers of such (2) One moiety of the expense so incurred shall be paid out of streets, &c. the Municipal fund for the time being.

Ibid., s. 162. (3) The other moiety shall be paid by the ratepayers of the street, district, or ward so lighted, ratably, either according to their assessments or according to the lineal frontage of the premises lighted, and either from year to year or for such number of years, and upon

, such terms and conditions, as the Council determine.

(4) The last mentioned moiety may be collected, and shall be recoverable, ratably, from the respective ratepayers of the said street, district, or ward by any collector of rates or duly authorised officer of the Corporation, under any of the provisions in this Act contained for the collection and enforcing payment of rates, or payment thereof may be ordered by the Council, by any writing under the hand of the Mayor or Town Clerk.

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SEWERAGE AND DRAINAGE. 246. The Council, whenever they deem it expedient to execute Council may cause works for the sewerage and drainage of their Municipality

surveys and plans for sewerage to be

made. (a) may cause all necessary trigonometrical or other surveys M.C. Act, 1890,

to be made of the area of the Municipality, and levels s. 163.

to be taken for that purpose;
(6) shall cause all proper plans of such drainage and sewerage

on a scale of not less than six inches to a mile, together
with a book of reference, containing the names of owners,
lessees, and occupiers of any lands or watercourses
through or into which such sewerage or drainage is in-
tended to pass, or which are required to be taken for
such purpose by the Council

, to be deposited for public
inspection in the office of the Town Clerk; and
(c) shall give all such notices and do such acts as are prescribed

by Part XXX. in respect to land and premises required
and intended to be taken for the purpose of executing
any works and undertakings authorised by this Act,
before such sewerage and drainage is proceeded with.

247. (1) The

Municipal Corporations Act.—1023.

PART XIII.

Control over public 247. (1) The control and superintendence of all public sewers sewers vested in Council.

within the limits of the Municipality shall be vested in the Council Ibid., s. 164.

with power to alter, amend, and enlarge the same from time to time, under the provisions hereof :

(2) If the communication of any private drain with any public sewer is severed or impeded by any such alteration or other works, the Council shall, at their own cost, continue such private drain to the main sewer, or into a branch drain in connection therewith, so as to afford the owner or occupier of such private drain the same

use thereof as theretofore enjoyed by him. Power to break up 248. (1) The Council, in carrying into execution any works streets for construc- under section 247, may, by themselves or their contractors, break Ibid., s. 165. up any public or private street within the Municipality, and sink

therein trenches for the construction of sufficient common sewers or dra'ns.

(2) After the construction of such common sewers or drains, the Council or the said cortractors shall immediately fill in such trenches and any other excavations caused by such works, and make good, level, and reinstate the surface or pavement of any public or private street which surface or pavement has been displaced in the execution of such works.

(3) The Council or the said contractors shall during the progress of such works, fence any place where the ground is trenched or excavated, in such manner as to prevent danger or accidents to passengers, vehicles, horses, or cattle, and shall keep such fences duly and sufficiently lighted during the night.

(4) Any such contractor who fails to make good, level, and reSchedule of

instate the surface of any public street which has been displaced in Penalties.

the execution of any sewerage works, contrary to the provisions of this Act shall be liable to a penalty of not less than Two Pounds nor more than Ten Pounds.

Ibid., s. 307,

Council to repair and
cleanse sewers.
Ibid., sg. 166 and
307, Schedule of
Penalties.

249. (1) The Council
(a) shall maintain all main common sewers within the limits of

the Municipality in sufficient repair ;
(6) shall cause the same to be properly emptied and cleansed ;

and (c) may cause the refuse therefrom to be emptied on any public

street within the Municipality, for the purpose of removal. (2) If any offensive sewerage is left above ground, without being removed to such place as is provided under the provisions hereof, for the space of twenty-four hours, the same shall become and may be dealt with as a public nuisance and all offending parties shall be liable to indictment therefor, or, upon conviction in summary proceedings to a penalty of not less than Two Pounds nor more than Ten Pounds.

250. The

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