Page images
PDF
EPUB

Waterrorks dc Amendment dc.-1921.

[merged small][ocr errors][merged small]

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 Section 47 of the principal Act is repealed, and the following provision is hereby enacted and substituted therefor :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

Provision sub-
stituted 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 water. shed.

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.

Provision substi. tuted for section 68

Power to inspect assessment-books.

1. 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.

Amendment of section 82

rates for Adelaide

power to sell water

8. Section 82 of the principal Act is amended-(a) by striking out the third to the thirteenth lines of the Commissioner may

section (both lines inclusive), and substituting in lieu fix scale of water thereof the words “ of water rates shall ”:

Water District. (b) by substituting for the passage “in lieu of making and Commissioner's

levying rates cs aforesaid in the eighteenth and nine- by measure to be in
teenth lines thereof the passage “either in addition to or addition to rating
in substitution for making and levying rates as afore- power.

said”. 9. Section 84 of the principal Act is repealed, and the following Provision substiprovision is hereby enacted and substituted therefor :

tuted for section 84. (1) A notice containing particulars of any amount Service of notice of (other than a pecuniary penalty) payable to the Commissioner missioner and by 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 ;

84

amount due to Com.

.

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,

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 (6) 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.

Provision substi. tuted for section 90

Amounts due to
Commissioner to be
a charge on the
land, and be re-
coverable from con-
sumer or owner or
occupier.

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.

Provision substi. tuted for section 91

When water rates are payable.

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.

Penalty for trespassing.

13. The

Waterworks Act Amendment Act.---1921.

for use of meter.

13. The Commissioner may, by notice published in the Govern- Power to charge fee ment Gazette, prescribe an annual fee to be paid for the use of meters for measuring the supply of water under the principal Act, in all cases, or in such class or classes of cases as are specified in such notice ; and such fees shall be payable accordingly.

evidence of

14. The existence of a communication pipe or pipes between a Existence of commain pipe of the Commissioner and any land or premises and the munication pipes existence of a meter on such land or premises shall, in any lega) tract. proceedings, be conclusive evidence that the consumer, and the owner and the occupier of such land or premises for the time being, have severally contracted with the Commissioner for the supply of water to them respectively, subject to the provisions of the principal Act and the by-laws and regulations made thereunder.

15. If at any time the Commissioner has reason to believe that If meter fails to

register, fair average any meter on any land or premises is not correctly indicating, or has consumption to be not correctly indicated, the quantity of water consumed on such chargeable. land or premises during any particular period, the Commissioner may assess the amount of water consumed during such period at an amount not exceeding the fair average amount of water consumed in respect of such land or premises during the corresponding periods within the past three years, and the consumer shall be chargeable for the amount of water so assessed as if such amount of water had been actually supplied.

16. (1) The Commissioner may, by extension of a main pipe or Water supply other work, provide a supply of water for any land or premises provided under

agreement to pay either within or outside a water district, in pursuance of an agree- interest on cost of ment by the owner of such land or premises to pay to the Commis- extension of main sioner interest at a rate to be specified in the agreement on such owner's proportion, as fixed by the Commissioner, of the cost of such extension or other work.

(2) The Commissioner may levy, upon any land or premises for Commissioner may which he has provided a supply of water pursuant to subsection (1) levy rate. hereof, an annual rate sufficient, in the opinion of the Commissioner, to produce the annual sum payable under the agreement entered into under the said subsection with respect to such land or premises.

(3) Where the Commissioner, either before or after the passing Presumption where of this Act, has provided a supply of water in manner mentioned supply of water in subsection (1) hereof for any land or premises abutting on any other landowners street, and by means of the same main pipe or work a supply of water can also be provided for any other land or premises abutting on such street, but the owner of the last-mentioned land or premises has not entered into an agreement with the Commissioner under that subsection, such owner shall nevertheless, if the Commissioner thinks proper,

be deemed to have entered into such an agreement, and in that case his land or premises shall be ratable under subsection (2) hereof accordingly.

17. (1) If

Waterworks Act Amendment Act.--1921.

Payment for excess water.

No. 446 of 1888.

Assessments to be made, rates col. lected, and annual accounts prepared in respect of finan. cial year instead of calendar year,

17. (1) If any consumer, in any year and in respect of any land or premises, consumes any water in excess of the quantity of water he is entitled to use in respect of his rates in respect of such land or premises (which quantity is hereinafter called “the rebate allowance”) he shall, in addition to such water rates, be chargeable for the water so supplied in excess of such rebate allowance at the price for the time being in force fixed by the Commissioner for water consumed in excess of the rebate allowance.

(2) The rebate allowance for the purpose of this section shall be calculated separately with respect to the land or premises supplied through any one service and meter; and the rebate allowance with respect to any other land or premises of which the same person is the owner or occupier shall not be taken into account for the purpose of such calculation.

(3) Subsection (2) of this section shall not apply to country lands within the meaning of the Waterworks Act Amendment Act, 1888.

18. (1). Notwithstanding anything contained in the principal Act, every assessment shall be made and all water rates and other charges and fees shall be made, levied, and payable, and all annual accounts shall be prepared and published, in respect of the period of twelve months ending on the thirtieth day of June in every year, and not in respect of the period of twelve months ending on the thirty-first day of December in every year as heretofore(a) Section 66 of the principal Act is amended by substituting

for the words“ first day of February ” therein the words

“ first day of August”: (6) Section 98 of the principal Act is amended by substituting

for the words thirty-first day of December” therein the words "thirtieth day of June."

' (2) The provisions of subsection (1) hereof shall come into force on the first day of July nineteen hundred and twenty-two.

(3) With respect to the period of six months ending on the thirtieth day of June, nineteen hundred and twenty-two(a) for the purpose of making an assessment for the purposes

of the principal Act, the said period shall be deemed to be a year, and the Commissioner may make an assessment for such year or may, by notice published in the Government Gazette before the first day of February, nineteen hundred and twenty-two, direct that the assessment in force on the last day of the preceding year shall continue and be in force as the assessment for such

year; (6) water rates and other charges and fees for the said period

shall be made, levied, and charged at half the scale or rate fixed by the Act in respect of a period of one year, and such rates, charges, and fees shall be payable in advance on the first day of January, nineteen hundred and twenty-two; and

(c) each

« EelmineJätka »