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An Act to amend the Garden Suburb Act, 1919.

[Assented to, December 7th, 1921.]

BE the

E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as

follows:

1. (1) This Act may be cited alone as the "Garden Suburb Act Short titles. Amendment Act, 1921."

(2) The Garden Suburb Act, 1919, and this Act may be cited No. 1412 of 1919. together as the "Garden Suburb Acts, 1919 to 1921."

(3) The Garden Suburb Act, 1919, is hereinafter referred to as

"the principal Act."

2. This Act is incorporated with the principal Act, and that Act Incorporation with and this Act shall be read together as one Act.

principal Act.

Amendment of

3. Subsection (2) of section 23 of the principal Act is repealed, principal Act, and the following subsection is substituted therefor:

s. 23 (2) Powers of Com

(2) Upon and from the commencement of this Act the missioner in suburb. suburb shall be deemed to be a Municipality under the Municipal Corporations Act, 1890, and the Commissioner shall be deemed to be the Corporation and the Council of such Municipality, and with respect to the suburb shall have and may exercise and discharge all the rights, powers, authorities, duties, liabilities, obligations, and functions which by the said Act are conferred and imposed upon the Corporation and the Council of a Municipality.

4. Subsection

Amendment of principal Act, s. 24 (2)

Transfer of powers

to Council and

Corporation.

Garden Suburb Act Amendment Act.-1921.

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 Subsection (2) of section 24 of the principal Act is repealed, and the following subsection is substituted therefor :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

(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 :

(b) 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.

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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:

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 passage:-" or upon the presentation of an address from both Houses of Parliament praying for the making of

any such order":

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(b) by

Amendment of

ibid., s. 29Power to alter

Districts may be

exercised on address from both Houses of

Parliament.

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District Councils Act Amendment Act.-1921.

(b) 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:

(b) 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.

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

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(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

(b) 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.

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 intersection:

(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

(b) 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.

7. Section 283 of the principal Act is amended by adding at the end thereof the following proviso: "Provided that no compensation shall be payable when the drainage follows the natural fall of the water."

8. Section 298 of the principal Act is amended as follows:-
1. By striking out subdivision (b) of subsection (3) thereof,
and substituting in lieu thereof the following sub-

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.

1. 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

ference with road barriers or lights.

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