Garden Suburb Act Amendment Act.---1921.

:

Amendment of
principal Act,
s. 24 (2) -
Tra nsfer of powers
to Council and
Corporation.

4. Subsection (2) of section 24 of the principal Act is repealed, and the following subsection is substituted therefor :

(2) Upon such proclamation all the rights, powers, authori. ties, duties, liabilities, obligations, and functions of the Com. missioner (a) in the capacity of Municipal Corporation, shall be

transferred to, vested in, and imposed upon, and shall be exercised and discharged by, the Municipal Corporation or District Council (as the case may be)

of the local government district : (6) in the capacity of Council of a Municipality, shall be

transferred to, vested in, and imposed upon, and shall be exercised and discharged by, the Municipal or District Council (as the case may be) of the local government district.

In the name and on behalf of His Majesty, I hereby assent to this Bill.

W. E. G. A. WEIGALL, Governor.

Adelaide: By authority, R. E. E. ROGERS, Government Printer, North Terrace.

An Act to further amend the District Councils Act, 1914,

and for 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:

BE

1. (1) This Act may be cited alone as the “District Councils Short titles. Act Amendment Act, 1921.”

(2) The District Councils Acts, 1914 and 1918, and this Act may be cited together as the “ District Councils Acts, 1914 to 1921.”

(3) The District Councils Act, 1914, is hereinafter referred to as No. 1182 of 1914. " the principal Act.”

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 other Acts. as one Act.

Amendments. 3. Section 29 of the principal Act is amended (a) by adding at the end of subsection (1) thereof the following Amendment of

ibid., s. 29passage:-“or upon the presentation of an address from both Houses of Parliament praying for the making of Districts may be any such order":

exercised on address (6) by Parliament.

Power to alter

District Councils Act Amendment Act.-1921.

(6) by striking out subsection (4) thereof and inserting in lieu

thereof the following subsection :

(4) Notwithstanding anything in this section the Governor

may,

without petition or address, make orders--(a) exercising the powers of constituting new Districts

and appointing auditors and councillors therefor conferred by subdivisions 1. to iv. inclusive

of section 12: (6) exercising the power of annexing to a District

any outlying district and of appointing the first councillor or councillors therefor conferred by subdivision vii. of section 12, in any case where the outlying district does not comprise a Municipality or District or part thereof.

Amendment of ibid.,
s. 161–
Alteration of period
for insertion of name
in assessment book.

Amendment of ibid.,
s. 193-
Alteration of time for
payment of rates.

4. Section 161 of the principal Act is amended-
(a) by striking out the words “ fourteen days immediately

preceding ” in the fourth and fifth lines thereof, and
inserting in lieu thereof the words • seven days
immediately preceding the last ordinary meeting of the

Council held before"; and (b) by striking out the words “preceding such day of voting

or of taking a poll” at the end thereof, and inserting in lieu thereof the words “preceding the said last ordinary

meeting of the Council ”. 5. Section 193 of the principal Act is amended(a) by striking out the words “the end of six months

therein and substituting in lieu thereof the words “ the

first day of March ”; and
(6) by adding at the end thereof the following proviso :-

Provided that no such fine shall be added to the amount of any rate unless such rate has remained unpaid for the space of twenty-one days after notice of such rate has been served on, left at the house of, or posted to the person or persons liable to pay such rate, as provided by section 192.

Amendment of ibid.,
8. 281-
Lights on roads
during alterations,

6. Section 281 of the principal Act is amended as follows:-
1. By adding at the end of subsection (2) thereof the following

paragraph :

This subsection shall not apply where the repair or alteration consists only in the re-sheeting of such street, road, or place with road metal broken down to a gauge

of

District Councils Act Amendment Act.--1921.

of not more than two-and-a-half inches, provided that
the terminals of such re-sheeting do not exceed four
inches in height and that no heaps or stacks of road
metal (other than such as are permitted by section 282
to be so left) are left on such street, road, or place during
the night.

II. By adding at the end of the section the following sub- Penalty on inter

ference with road section :

barriers or lights.
(3) If any person, except with the authority of the
Council or of the officer in charge, -
(a) damages, injures, removes, or interferes with any

fence or barrier placed on or across any street,
road, or place under the provisions of sub-

section (1) hereof; or
(6) damages, injures, removes, extinguishes, or inter-

feres with any light fixed on any fence, barrier,

or position mentioned in subsection (2) hereof, such person shall be liable to a penalty not exceeding Twenty Pounds.

8. 283

7. Section 283 of the principal Act is amended by adding at the Amendment of ibid., end thereof the following proviso : -“ Provided that no compensa- Drainage off district tion shall be payable when the drainage follows the natural fall of roads without comthe water.”

pensation in certain

cases.

Amendment of ibid., 8. 298

.

8. Section 298 of the principal Act is amended as follows:-
1. By striking out subdivision (6) of subsection (3) thereof, Provision for dealing

and substituting in lieu thereof the following sub- with sand drift.
division :-
(b) By its servants or workmen, or otherwise, enter

upon any such adjoining land so owned or
occupied and plant the same with, or clear the
same of, such trees, shrubs, plants, and bushes
as the Council considers it necessary to plant

or to remove for the purpose aforesaid.
11. By striking out subsection (5) thereof and substituting in

lieu thereof the following subsections:

(5) When land is planted or cleared pursuant to a notice under subsection (2) hereof or by the Council under subsection (3) hereof, the owner or occupier of such land shall not be entitled to compensation or damages for the damage (if any) caused by the planting or clearing thereof, or for any entry made for the purpose of such planting or clearing.

(6) The owner or occupier of any land planted or cleared for the purpose aforesaid shall not, without the

authority

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.

Amendment of ibid.,
8. 320-
Council may contri-
bute towards public
cemetery.
Cf. 1344, 1918, s. 9.

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.

Amendment of principal Act., 88. 330 and 331

Amount of grants.

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.

This section not to affect grants for past years.

Effect of repetition in
District Councils Act,
1887, of provisions
of other Acts.

etc.

Council may request 12. (1) The Council may, by notice in writing to the owner or
owner or occupier of
land to clear creeks, occupier of any land within the District through which any creek

or waterway runs, request such owner or occupier---
(a) to remove from such creek or waterway any trees, logs,

timber, brushwood, debris, or other obstruction to the

free flow of water therein: (6) 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