« EelmineJätka »
Cost of appeal.
Cf. ibid., s. 107.
Annual irrigation rate.
Pyap Irrigation Trust Act.-1923.
hearing at the sittings of the Local Court next after ten days from the service of such notice on the clerk of the Local Court; and on the hearing of such appeal the secretary shall produce the assessment book containing the assessment, alteration, rectification, or addition in question, and such Local Court may, on the day of hearing, or at some adjourment of the hearing, make such order as shall be just, and shall cause any alteration occasioned by the decision of the appeal to be made in the assessment book by the clerk of the Local Court.
49. The Local Court on the hearing of any appeal, may make such order as may seem just for the payment by any party to such appeal to any other party to such appeal of the costs of such appeal, and of the previous appeal (if any) to the Trust, and, in addition to any other legal remedy available for the recovery of such costs, payment of the same may be enforced in the same manner as the judgment of the Local Court.
50. (1) The Trust may after twenty-one days shall have elapsed after the publication in the Government Gazette of the notice of any assessment or of the adoption of a previous assessment, declare an annual irrigation rate for each financial year for the supply of water on blocks for which a supply of water is available, and which are ratable lands.
(2) Such rate shall be of such an amount per acre of ratable land as may from time to time be determined by the Trust.
(3) Such rates shall be of such respective amounts as the Trust determines and as will be sufficient, in the opinion of the Trust, to pay for the supply of water, including therein any or all of the following:
1. The cost of cleansing, repairing, and maintaining the drains and channels used for the purpose of such water supply;
II. The expenses connected with the care, control, and management of the machinery and other property used for the purpose of such water supply;
III. A sum to provide for depreciation and renewal or reconstruction, and for extensions and modifications of the irrigation scheme; and
IV. The office expenses and the salaries and expenses of the Secretary and Auditor and other officers of the Trust. Provided that the annual rate in respect of any one piece of land shall not be less than One Pound.
(4) For the purpose of computing the rates payable in respect of any block, a fractional part of a rood, if equal to or exceeding twenty perches, shall be deemed to be a rood; but if less than twenty perches shall not be taken into account.
Pyap Irrigation Trust Act.-1923.
in Government Gazette.
51. Notice of every irrigation rate declared by the Trust shall Notice of irrigation rate to be published be published in the Government Gazette, and shall state the lands in respect of which such rate is declared, the amount in the Pound, or the amount per acre (as the case may be) of such rate, the time and place where the rate is payable, and the quantity of water to be supplied in respect of such rate.
52. The person primarily liable for the payment of rates in respect Persons liable for of any ratable land shall be the person for the time being appearing in the assessment book as the occupier of such land; and in default of payment by or recovery from him, or if such land shall be or become unoccupied then the person for the time being appearing in the assessment book as the owner of such land shall be liable.
53. Every rate shall become due when it is declared, but no rate When rates recover. shall be recoverable from any person until fourteen days after a written notice from some officer of the Trust be delivered or sent by post to the usual or last known place of abode of such person informing him of the amount of the rate payable by him, and in respect of what land the same is payable.
54. Every person appearing in the assessment book as the owner Owners liable. ratable land shall be and continue liable for all rates in respect of such land until the name of another person shall have been inserted in the assessment book as the owner or the person so ceasing to be owner shall have given written notice to the secretary of such change of ownership stating who is the person who has become owner.
55. All irrigation rates shall be due and payable by and recoverable Rates a continual from the lessees and occupiers for the time being of the lands upon which the same are respectively declared, and shall, until payment, be a continual charge upon such lands, and no statute of limitations shall affect any action or other proceedings which may be brought for the recovery or enforcement of such rates. The Trust shall have the like powers of distress and sale in cases where rates are unpaid as are conferred upon the Commissioner of Waterworks by the Waterworks Act, 1882.
default of payment. Cf. 1520, 1922, s. 3.
56. If any rate is not paid before the end of three months after Fine added to rate in the same becomes due and payable, a fine equal to Ten Pounds per centum thereof shall be added to the amount of such rate, and shall thenceforth for all purposes be deemed to be a part of such rate, and shall be paid by the person or persons liable to pay such rate, and be recoverable from any person liable to pay such rate, and in such manner as if it were part thereof.
57. (1) Any person who is liable to pay any irrigation rate in respect of any ratable land, and who has paid such rate, shall be entitled in respect of such rate to a supply from the Trust during the period for which such rates were payable of such a quantity of water for such land as the Trust determines at the time of declaring such rate.
entitled to water
Cf. ibid., s. 88.
Power of Trust to supply water by
Ibid., s. 89.
Trust may proportionately reduce supply of water. Cf. ibid., s. 90.
Pyap Irrigation Trust Act.-1923.
(2) Such quantity may be determined by the Trust so as to vary according to the amount of the rate payable, the area of the ratable land, or according to any other matter, with or without the fixing of any maximum quantity or quantities.
(3) For all water supplied to such land in excess of the quantity so determined by the Trust, the lessee or occupier thereof for the time being shall be liable to the Trust as for water supplied to him by measure under section 58.
(4) The certificate in writing of the Water Master for the time being shall be prima facie evidence that a ratepayer has received the supply of water to which he is entitled, and in the event of any dispute the matter shall be referred to the Trust, whose decision shall be final.
58. (1) The Trust may supply water by measure to any person for such period upon such conditions and at such charges as the Trust from time to time determines.
(2) When the Trust supplies water to any person outside the Settlement, the person so supplied shall pay therefor such charges as are agreed upon, and such charges may be sued for and recovered by the Trust, or by any person authorised by the Trust in writing, by a deputy for the Trust in any Court of competent jurisdiction or summarily.
59. (1) If at any time the supply of water at the disposal of the Trust is insufficient, in the opinion of the Trust, to afford the quantities to which all persons having claims thereto would, if the supply were sufficient, be respectively entitled, it shall be competent for the Trust to deliver to such persons such quantities of water as are then at their disposal in reduced proportions, according to the quantities which such persons would have respectively been entitled to receive if there had been sufficient water available; and the charges to such persons for water supplied by measure may be reduced accordingly.
(2) In the arrangement of the reduced proportions, the Trust may, if they think fit, assign greater proportional quantities to the owners, lessees, or occupiers of lands planted with fruit trees, vines, or other like plants than to the owners, lessees, or occupiers of lands planted or sown with plants cultivated for a single year's crop only.
Pyap Irrigation Trust Act.-1923.
PURPOSES AND POWERS OF TRUST.
60. Every lessee or occupier of land through or over which a Free passage to be channel or drain is cut or conducted or carried by the Trust shall given to supply give free passage to water of supply or drainage turned into such cf. 578, 1893, s. 145. channel or drain by the Trust.
61. The Trust shall not be liable to any penalty or damage for not supplying water if contrary to law, or if legal sanction to divert take and use water from the River Murray is not granted to the Trust, or is suspended, or if the want of supply arises from drought or other unavoidable cause of accident.
62. Every person who--
(a) illegally diverts or takes the waters supplying or flowing into any channel or drain in the Settlement or does any unlawful act whereby the water therein may be drawn off or diminished in quantity or the flow of water therein otherwise improperly affected; and
(b) does not immediately repair the injury done by him on being required so to do by the Trust so as to restore the said waters to the state in which they were before such act shall be liable to a penalty not exceeding Fifty Pounds for every day during which the said supply of water is diverted or diminished or otherwise improperly affected by reason of any act done by or under the authority of such person.
Trust not liable for accidental failure of
Penalty for illegally diverting
63. If any person unlawfully destroys or injures any irrigation Penalty for unlawful work he shall be liable to a penalty not exceeding Three Hundred injury to property. Pounds and to imprisonment for any period not exceeding twelve Ibid., s. 148. months, either in addition to or in substitution for the said pecuniary
64. If any person wrongfully takes or uses any water from any Penalty for unlaw. channel or drain which is under the care, control, and management fully taking water. of the Trust, he shall be liable to a penalty not exceeding Fifty Cf. ibid., s. 149. Pounds and to imprisonment for any period not exceeding six months, either in addition to or in substitution for the said pecuniary penalty.
65. (1) If any person throws or conveys, or causes or permits Penalty for throwing to be thrown or conveyed, any rubbish, dirt, filth, or other noisome dirt, &c., therein. thing into any channel or drain which is under the care, control, Cf. ibid., s. 150. and management of the Trust, or washes or cleanses therein any cloth, wool, leather, or skin of any animal, or any clothes, or other thing, he shall be liable to a penalty not exceeding Fifty Pounds.
Penalty for letting foul water flow thereinto.
Penalty for nuisance in district.
Cf. ibid., s. 151.
Shareholder in company which is interested voting
Pyap Irrigation Trust Act.-1923.
(2) If any person causes the water of any sink, sewer, or drain, or other filthy water belonging to him or under his control, to run or be brought into any channel or drain which is under the care, control, and management of the Trust, or does any other act whereby the water therein shall be fouled, he shall be liable to a penalty not exceeding Fifty Pounds and to a further penalty of Twenty Shillings for each day, if more than one, for which such offence continues.
66. Any owner, lessee, or occupier of land who does or permits to be done on his land any act, or permits to remain thereon any water or thing, likely to injure, pollute, or contaminate the water or water supply in the Settlement, after notice to discontinue or remove the same has been given to him in writing by the Trust shall be liable to a penalty not exceeding Fifty Pounds and to a further penalty not exceeding Ten Pounds for each day, if more than one, for which such offence continues.
67. Every member who is a shareholder or member of any incorporated company, and who votes as member of the Trust in any liable to a penalty. question concerning any contract or dealing in which the company of which he is a shareholder or member is interested, shall be liable to a penalty not exceeding Twenty Pounds.
Ibid., s. 157.
obstructing Trust officers, &c.
Cf. ibid., s. 158.
Non-performance of provisions of this Act.
Ibid., s. 162.
Penalty for offence against this Act.
Cf. ibid., s. 163.
Penalties exclusive of other damages. Ibid., s. 167.
Service of notices
68. Subject to subsection (2) of section 32, every person who at any time obstructs the Trust, or any officer or person employed by them, in the performance of anything which they are respectively empowered to do by this or any other Act, shall be liable to a penalty not exceeding Five Pounds.
69. Where any matter or thing is by or under this Act, or by any order or notice made and published under the authority hereof, directed or forbidden to be done, or where any authority is given by this Act to any person to direct any matter or thing to be done, or to forbid any matter or thing to be done, and such act so directed to be done, remains undone, or such act so forbidden to be done is done, in every such case every person offending against such direction or prohibition shall be deemed guilty of an offence against such Act.
70. Every person guilty of an offence against this Act shall be liable to the penalty expressly imposed by this Act and, if no specific penalty is imposed, to a penalty not exceeding Twenty Pounds.
71. Every penalty imposed on any person under this Act shall be in addition to the sum which he may be lawfully adjudged liable to pay to the Trust or any person for any damage sustained, and the payment of the penalty shall not bar or affect the right of the Trust or any person to bring an action against such person for such damage.
72. Any summons, notice, writ, or other proceeding may be served on the Trust by being given personally to the Chairman or Secretary or at the Trust's office to some officer of the Trust there. 3. Every