An Act to further amend the Waterworks Act, 1882, and to amend the Waterworks Act Amendment Act, 1888, and for other purposes.

BE

[Assented to, December 1st, 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 "Waterworks Act Short Titles. Amendment Act, 1921."

(2) The Waterworks Act, 1882 (hereinafter referred to as "the No. 269 of 1882. principal Act"), the Waterworks Act Amendment Act, 1888, and No. 446 of 1888. this Act may be cited together as the "Waterworks Acts, 1882 to

1921 ".

other Acts.

2. This Act is incorporated with the other Acts mentioned in Incorporation with section 1 hereof, and those Acts and this Act shall be read as one Act.

Amendments.

3. Section 5 of the principal Act is amended by adding at the end thereof" And may also in like manner revoke any proclamation under this section, as to the whole or any part of any such water district, in which case the district shall be abolished or altered according to the tenor of the proclamation."

4. Section

Amendment of
section 5 of principal
Act
ction

Power to proclaim
water districts.

Amendment of section 10

Additional power to make by-laws

Provision substituted for section

47

Penalty for interfering with

meter, and power to recover cost of

damage to fittings.

Amendment of section 62

Removal of injurious

matter on watershed.

Provision substituted for section 68

Power to inspect assessment-books.

Waterworks Act Amendment Act.-1921.

4. Section 10 of the principal Act is amended by inserting after paragraph xv. thereof the following additional paragraphs:—

XVI. For regulating and preventing the use in connection with
the supply of water by the Commissioner of any pipe,
tap, stopcock, bibcock, ballcock, checkvalve, or other
fitting, unless the same has been tested and stamped
with a prescribed stamp by a person duly authorised
by the Commissioner for that purpose, and for fixing the
scale of fees to be charged for such testing and stamping:
XVII. For preventing unauthorised persons stamping upon,
or attaching to, any pipe, tap, stopcock, bibcock,
ballcock, checkvalve, or other fitting used or to be used
in connection with the supply of water by the Com-
missioner any prescribed stamp or any
stamp or any colorable
imitation thereof, and for preventing any person
selling or offering for sale any such pipe, tap, stopcock,
bibcock, ballcock, checkvalve, or other fitting not
stamped by an authorised person.

5. Section 47 of the principal Act is repealed, and the following provision is hereby enacted and substituted therefor :

47. If any person other than the Commissioner or the person authorised by him fixes, refixes, opens, tampers with, breaks, removes, alters, repairs, or in any manner whatsoever interferes with or damages any meter for measuring the supply of water under this Act, or any fitting, the owner or occupier of the land or premises whereon or wherein such meter or fitting is fixed shall be liable to a penalty not exceeding Twenty Pounds, and shall in addition pay to the Commissioner the cost of all necessary repairs, alterations, and replacements of such meter or fitting.

6. Section 62 of the principal Act is amended by adding thereto the following paragraph:

In any case where an owner or occupier neglects or refuses to remove any matter or thing after notice so to do has been given to him as mentioned in this section, the Commissioner may enter upon the land of such owner or occupier and may remove, or, in or on such land or elsewhere, bury, burn, or otherwise dispose of, such matter or thing; and the cost thereof shall be a debt due to the Commissioner from such owner or occupier.

7. Section 68 of the principal Act is repealed, and the following provision is hereby enacted and substituted therefor :

68. The Commissioner, or any person having an order for that purpose under the Commissioner's seal, shall be entitled as of right, at all reasonable times, free of charge

(a) to have access to and inspect all rate-books and assessment-books relating to any land or premises within

any

Waterworks Act Amendment Act.-1921.

any water district, and all other books and docu-
ments relating to any assessment thereof; and all
deeds, instruments of title, books, returns, accounts
and documents, in the Lands Titles Registration
Office or the General Registry Office for the registra-
tion of deeds, or in the office of the Registrar of
Probates or of the Commissioner of Taxes or any
other public office, relating to any such land or
premises; and

(b) to make and take copies thereof, or extracts therefrom.

8. Section 82 of the principal Act is amended-

(a) by striking out the third to the thirteenth lines of the section (both lines inclusive), and substituting in lieu thereof the words "of water rates shall":

66

(b) by substituting for the passage in lieu of making and levying rates as aforesaid " in the eighteenth and nineteenth lines thereof the passage "either in addition to or in substitution for making and levying rates as aforesaid".

Amendment of

section 82

Commissioner may fix scale of water

rates for Adelaide Water District.

Commissioner's

by measure to be in addition to rating power.

power to sell water

9. Section 84 of the principal Act is repealed, and the following Provision substi provision is hereby enacted and substituted therefor :

tuted for section

84

missioner and

84. (1) A notice containing particulars of any amount Service of notice of (other than a pecuniary penalty) payable to the Commissioner amount due to Comby any person under this Act, or under any by-law or regula- method of recovery tion or notice made or published under this Act, shall be thereof. given to such person as soon as conveniently may be after

such amount becomes payable.

(2) Such notice may be given

(a) by delivering the same to the person by whom such
amount is payable, or by leaving the same at his
usual residence or place of business with some
person apparently above the age of fourteen years;

or

(b) by leaving the same upon the land or premises with
respect to which, or with respect to any meter or
fitting upon or in which, such amount is payable;

or

(c) by posting the same enclosed in a prepaid envelope
addressed to the person by whom such amount
is payable, at his last known or most usual place
of abode or business:

Provided that, in any proceedings for the recovery of such
amount, the onus of proving that notice was not given as pro-
vided by this section shall be on the defendant.

(3) The amount specified in a notice under this section shall, upon the giving of such notice, be forthwith paid to the Com

missioner,

Provision substituted for section 90

Amounts due to Commissioner to be a charge on the land, and be recoverable from con

sumer or owner or

occupier.

Provision substituted for section 91

When water rates are payable.

Penalty for trespassing.

Waterworks Act Amendment Act.--1921.

missioner, and the Commissioner may, in default of such payment, whether or not such amount is due in respect of rates-(a) avail himself, for the purpose of recovering such amount, of any or all of the methods and remedies provided by this Act for the recovery of rates in arrear; and

(b) cut off the supply of water to the premises in respect of which, or of the meter or any fitting upon or in which, such amount is payable, until such amount, together with all the expenses incurred by the Commissioner in cutting off such supply and the estimated cost of restoring such supply, have been paid :

Provided that nothing in this section shall be deemed to take away any remedy prescribed by any provision of this Act for the recovery of any amount due to the Commissioner.

10. Section 90 of the principal Act is repealed, and the following provision is hereby enacted and substituted therefor :

90 (1) Any amount (other than a pecuniary penalty) due to the Commissioner under this Act, or under any by-law or regulation made under this Act, shall, until payment, be and remain a first charge upon the land or premises with respect to which, or to any meter or fitting upon or in which, such amount is payable.

(2) No statute of limitations or other Act shall bar or in any wise affect any action or other legal proceeding for the recovery of such amount.

(3) Such amount shall be payable by and be recoverable from the consumer, or from the owner or occupier for the time being of the land or premises with respect to which, or to any meter or fitting upon or in which, such amount is payable.

11. Section 91 of the principal Act is repealed, and the following provision is hereby enacted and substituted therefor :

91. All water rates (except charges for water supplied by measure under agreement) shall be paid in advance by equal payments on the first day of July and the first day of January in each year: Provided that the Governor may, by proclamation, declare that in the water district or districts specified in such proclamation all rates (except as aforesaid) shall be paid in advance on the first day of July in every year, in which case such rates shall be so paid accordingly.

Additional Provisions.

12. Any person trespassing on any land or premises vested in or occupied by the Commissioner shall be guilty of an offence, and shall be liable to a penalty not exceeding Five Pounds.

13. The