An Act to amend the Control of Waters Act, 1919.

BE

[Assented to, December 17th, 1925.]

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 as the "Control of Waters Act Short titles. Amendment Act, 1925."

(2) The Control of Waters Act, 1919 (hereinafter referred to as No. 1359 of 1919. "the principal Act"), and this Act may be cited together as the "Control of Waters Acts, 1919 and 1925".

2. Section 8 of the principal Act is amended by adding at the end thereof the following subsection

(3) In any proceedings for an offence against this section proof of the existence on any land of any irrigation channel or any other means whereby water is capable of being diverted, taken, or used for irrigation purposes from any watercourse to which this Act applies, shall be conclusive evidence that water was diverted, taken, or used contrary to this section by the occupier of the said land, unless the said occupier gives proof(a) that he had a licence under this Act in force at the time of the alleged offence in respect of the land aforesaid;

or

(b) that the land aforesaid does not exceed one acre in
extent and is used as a garden in connection with a
dwelling; or

(c) to the satisfaction of the Court that water was not diverted,
taken, or used contrary to this section.

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

TOM BRIDGES, Governor.

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

Amendment of

principal Act, s. 8

Proof of diversion

of water.

1693

An Act to further amend the Municipal Corporations
Act, 1923, and for other purposes.

[Assented to, December 17th, 1925.]

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 as the "Municipal Corporations Act Short titles. Amendment Act, 1925."

(2) The Municipal Corporations Acts, 1923 and 1924, and this Act may be cited together as the "Municipal Corporations Acts, 1923 to 1925."

(3) The Municipal Corporations Act, 1923, is hereinafter referred No. 1558 of 1923. to as "the principal Act."

2. Section 16 of the principal Act is amended by adding the fol- Amendment of lowing passage at the end thereof:principal Act, a 16Addition of

Municipality.

The Governor may exercise the said powers, notwith- Crown Lands to standing that the land added as aforesaid forms part of a District Council District; and for that purpose he may, without petition, separate any such land from a District Council District, and may declare that it shall no longer form part thereof.

3. Section 34 of the principal Act is amended by adding at the Amendment of ibid., end thereof the words "or as Councillor in some District Council in the State."

A-1694

Qualifications of
Mayor.

4. Section

Amendment of ibid., 8. 57

Making of claims and objections.

Amendment of ibid., Part XIII

Resolution of

Council for provision of bacteriolytic tanks.

Installation of bacteriolytic tanks.

Powers of Council to instal bacteriolytic

tanks.

Municipal Corporations Act Amendment Act.-1925.

4. Section 57 of the principal Act is amended

(a) by striking out the word "fifteenth" in the sixth line thereof
and by substituting therefor the word "eighth";
(b) by striking out the word "first
"first" in the eighth line thereof
and by substituting therefor the words "twenty-fifth";

and

(c) by striking out the words "third day of November" in the ninth line thereof and by substituting therefor the words "twenty-seventh day of October".

5. Part XIII. of the principal Act is amended by inserting after section 251 therein the following new sections:

251a. (1) The Council may by resolution declare that all the buildings in the Municipality shall be provided with bacteriolytic tanks for the disposal of sewage.

(2) Every such resolution shall be published in the Government Gazette.

251b. (1) Within the time fixed by the resolution or, if no time is fixed, then within six months of the publication of the resolution in the Government Gazette, the owner of every building in the Municipality shall provide and instal a bacteriolytic tank, for the disposal of sewage from the said building.

(2) If the owner fails to provide or instal the bacteriolytic tank as aforesaid, the Council may supply or instal a bacteriolytic tank with respect to the said building. For the purpose aforesaid any person authorised by the Council in that behalf may enter upon any land and perform any work necessary for carrying out the provisions of this section. The cost to the Council of supplying or installing the said tank shall be a debt due to the Council by the owner of the building, and shall be recoverable by any of the means by which rates may be recovered pursuant to this Act.

(3) All bacteriolytic tanks which are installed pursuant to this section shall be installed in conformity with the provisions of the Health Act, 1898, and any regulations made thereunder.

251c. (1) The Council may, at the request of the owner of any building, supply and instal a bacteriolytic tank for the disposal of sewage from the said building, and may enter into such agreement with the owner of the building for the payment of the cost thereof (whether by instalments or otherwise and including interest, if any, to be paid thereon) as the Council thinks fit.

(2) If any sum which is agreed to be paid to the Council pursuant to any agreement made under this section is not paid on the date fixed in the said agreement, then the said sum shall be recoverable by any of the means by which rates may be recovered pursuant to this Act.

6. Section