Amendment of ibid., s. 320 Council may contribute towards public cemetery. Cf. 1344, 1918, s. 9. Amendment of Amount of grants. This section not to affect grants for past years. Effect of repetition in Council may request owner or occupier of District Councils Act Amendment Act.--1921. authority in writing of the Council, cut, destroy, damage, injure, remove, or otherwise interfere with any grasses, trees, plants, shrubs, or bushes so planted, so as to render them ineffective or less effective for the purpose for which they were so planted. 9. Section 320 of the principal Act is amended by inserting after subdivision (d) thereof the following subdivision: (da) Subscribing to any public cemetery, whether such cemetery is situate within or without the District and howsoever the same is owned. 10. (1) Section 330 of the principal Act is amended so as read as follows: 330. The grant to a Council in respect of any year shall be of an amount equal to Five Shillings in the Pound on the amount of the general rates declared on the assessment during that year, and during that year actually collected by the Council, and expended by such Council on or in connection with the construction, maintenance, and keeping in repair of the public roads vested in such Council. (2) Section 331 of the principal Act is amended by adding at the end of subsection (1) thereof the following passage "and expended as provided by section 330". (3) The amendments made by this section shall not apply to any grant to a Council in respect of any year ended on or before the thirtieth day of June, nineteen hundred and twenty-two. New Provisions. 11. In the construction of the District Councils Act, 1887, the repetition therein of any provision contained in any Act passed prior to the passing of that Act shall not be construed to be a repeal of such provision, except so far (if at all) as the provision contained in the District Councils Act, 1887, is inconsistent with the provision contained in such earlier Act. 12. (1) The Council may, by notice in writing to the owner or land to clear creeks, occupier of any land within the District through which any creek or waterway runs, request such owner or occupier etc. (a) to remove from such creek or waterway any trees, logs, timber, brushwood, debris, or other obstruction to the free flow of water therein : (b) to fill up in a good and sufficient manner any holes or places therein where water is likely to accumulate and become stagnant. (2) If the owner or occupier fails to comply with such request within the time specified in such notice the Council may enter upon such land and execute the work mentioned or referred to in such notice. (3) The District Councils Act Amendment Act.-1921. (3) The expense incurred by the Council in so doing shall be paid upon the order of the Council by writing under the hand of the Chairman or Clerk by such owner or occupier to the Council and may be recovered by the Council by any process by which rates in arrear may be recovered, and, until fully paid or recovered, such amount shall be a charge upon such land notwithstanding any change in the ownership thereof. struct tramways, &c. 13. (1) A Council may, with the consent of the Minister, con- Council may construct, maintain, manage, and work any tramways, aerial tramways, steel tracks, and other works upon, across, under, or over any road within the District. (2) Such consent of the Minister may be given upon and subject to such conditions, reservations, restrictions, and stipulations as the Minister thinks proper. (3) Save in so far as any conditions, reservations, restrictions, and stipulations under and subject to which any such consent is given by the Minister are not complied with and observed by the Council, any Council constructing, maintaining, managing, or working any tramway, aerial tramway, steel track, or other work upon, across, under, or over any road under the authority of this section shall not be liable in any action or proceeding, whether for nuisance or otherwise, by reason only of the existence, managing, or working of such tramway, aerial tramway, steel track, or other work. 14. (1) A Council may, with the consent of the Minister, grant to any person desirous of constructing and working tramways, aerial tramways, steel tracks, or any other work for the conveyance of agricultural products, minerals, timber, or other things, a permit to construct, manage, and work such tramway, aerial tramway, steel track, or work, or part thereof, upon, across, under, or over any road within the District. (2) Such permit shall not be granted for any period exceeding nine years; but, with the consent of the Minister, may be renewed from time to time for any further period not exceeding nine years from the time of such renewal. Council may authorise tramways or steel tracks on roads. Minister. 15. (1) If a Council, for six months after any application for any Appeal to the such permit as mentioned in section 14 is made to it, refuses or neglects to grant the permit, the applicant for such permit may appeal to the Minister by memorial setting out the facts, and the grounds of the appeal. (2) The Minister shall hear and determine such appeal in such manner as he thinks just, and may for that purpose appoint any officer to hold an inquiry into the matter and make a report to him, and may act on such report. The Council shall be entitled to be heard on such appeal. (3) If Permit to be granted subject to conditions. Permit sufficient authority to construct and work or work. District Councils Act Amendment Act.--1921. (3) If the Minister allows such appeal, he shall give such directions as he thinks fit for carrying the same into effect, and such directions shall be complied with by the Council and all parties concerned. 16. Any permit granted under section 14 shall be granted subject to such conditions, reservations, restrictions, and stipulations as the Council, with the approval of the Minister, thinks proper. 17. Any permit granted under section 14 shall be sufficient authority for the person to whom it is granted to construct, maintramway, steel track, tain, manage, and work the tramway, aerial tramway, steel track, or other work specified in the permit subject to the conditions, reservations, restrictions, and stipulations subject to which such permit is granted, and save insofar as such conditions, reservations, restrictions, and stipulations are not complied with and observed by the person to whom such permit is granted, such person shall not be liable in any action or proceeding, whether for nuisance or otherwise, by reason only of the existence, managing, or working of such tramway, aerial tramway, steel track, or other work. In the name and on behalf of His Majesty, I hereby assent to Adelaide: By authority, R. E. E. ROGERS, Government Printer, North Terrace. An Act to amend the South Australian Railways other purposes. [Assented to, December 7th, 1921.] E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows: PART I. PART I. 1. (1) This Act may be cited alone as the "South Australian Short titles. Railways Commissioners Act Further Amendment Act, 1921." (2) The South Australian Railways Commissioners Acts, 1887 to 1918, and this Act may be cited together as the "South Australian Railways Commissioners Acts, 1887 to 1921." (3) The South Australian Railways Commissioners Act, 1887, No. 414 of 1887. is hereinafter referred to as "the principal Act," and the South Australian Railways Commissioners Act Amendment Act, 1894, No. 612 of 1894. as "the amending Act of 1894." other Acts. 2. This Act is incorporated with the other Acts mentioned in Incorporation with section 1 of this Act, and those Acts and this Act shall be read as one Act. 3. The provisions of Part II. of this Act shall come into opera- Commencement of tion on a date to be fixed by proclamation. Part II. of this Act. 4. The Acts mentioned in the Schedule hereto are hereby repealed Repeal of Acts. to the extent therein mentioned. 5. The PART I. Arrangement of Act. South Australian Railways Commissioners Act Further Amendment 5. The provisions of this Act are arranged in Parts as follows:- PART II.-The South Australian Railways Commissioner. PART III.-Miscellaneous Provisions. PART II. Interpretation. Two Commissioners instead of one. Acts applying to Reference to deemed to be reference to the two Commissioners. PART II. means THE SOUTH AUSTRALIAN RAILWAYS COMMISSIONER. 7. (1) Upon the commencement of this Part of this Act there shall be two Commissioners, instead of one Commissioner as provided for by the amending Act of 1894, and such two Commissioners, in place of the said one Commissioner, shall be the body corporate incorporated by the amending Act of 1894, but without change of name or corporate entity. (2) One of the said two Commissioners shall be a person appointed by the Governor to be Chief Commissioner. The other Commissioner shall be the present Commissioner. (3) For the purpose of giving effect to the objects of this section— 1. Every provision of the principal Act and of this Act and of any other Act referring to the Commissioners incorporated by the principal Act or to any of such Commissioners, or to the Commissioner incorporated by the amending Act of 1894, shall apply to and in respect of the said two Commissioners, or to either of such Commissioners (as the case may require), in the same manner as if such last-mentioned Commissioners had been the Commissioners incorporated by the principal Act, or the Commissioner incorporated by the amending Act of 1894 (as the case may require); II. Any reference in the principal Act or this Act or any other Act, or in any by-law, rule, or regulation made under the principal Act or any other Act, or in any bond, contract, agreement or other document, to the Commissioners incorporated by the principal Act or to any of such Commissioners, or to the Commissioner incorporated by the amending Act of 1894, shall be read as a reference to the said two Commissioners, or to either of such Commissioners (as the case may require). |