29 VICTORIA, No. 288. SCHEDULE. Sections 2-11. DISTRICTS AND PLACES TO BE SUPPLIED. 11. Raywood. 12. Pleasant Creek. 13. Clunes. 14. Wedderburne and Korong. 1. Castlemaine and Sandhurst District 10. Ararat District. 4. Linton's, Lucky Woman's, and Pig- 5. North Gipps Land and South Gipps 6. Ovens District-including Beech- 16. Bacchus Marsh. 17. Smythesdale, Brown's, and Scarsdale. 18. St. Arnaud. 19. Landsborough. 20. Ballarat. 21. Daylesford, Hepburn, Yandoit, &c. 22. Melton. 23. Queenscliff. 27. Dunkeld. 28. Queenstown. 29. Wallan-wallan. 30. Mornington County. 31. Steiglitz. Dunolly, 32. Creswick. 7. Maryborough District - including 8. Avoca District-including Avoca, 9. Fiery Creek and Beaufort. 33. Buninyong. An Act for better carrying out the "Waterworks [11th November 1869.] WHEREAS by the "Waterworks Act 1865" it is enacted that it Preamble. should be lawful for the Board of Land and Works to construct complete and extend such works for supplying water to all or any of the districts and places mentioned in the Schedule to the said Act or to any part thereof as may from time to time by order of the Governor to be published in the Government Gazette be directed to be constructed and completed or extended: And whereas it is expedient that the Governor be empowered to appoint certain persons as commissioners for the purpose of carrying out such portions of the said works from time to time as may be necessary or expedient and for enabling such commissioners to execute all the powers necessary for and incidental to carrying out such works and for securing the receipt of such rates tolls or other payments as may be from time to time legally payable: Be it enacted by the Queen's most excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows: 1. The word "Governor" shall mean the person administering Definition of the Government acting by and with the advice of the Executive terms. Council. Governor. The words "governing body" shall mean the council of any Governing body. The words "Mining Company" shall include any ordinary Mining company. 2. This Act shall be called and may be cited as the "Water- Title of Act. works Commissioners Act 1869." Commissioners. 3. It shall be lawful for the Governor by a " Commission" under Power for Goverthe seal of the colony from time to time to appoint any persons not nor to appoint exceeding in any one Commission the number of twelve and from time to time in the manner to be provided in such Commission to remove any such person or persons so appointed and to appoint others or another in their or his places or place as Commissioners for the purpose of constructing completing and extending the works No. 347. 33 VICTORIA, mentioned in the said recited Act or any of them: Provided that amongst such persons may be included the mayor and councillors of any borough, the president and councillors of any shire, or the chairman and members of any district road board. Power for Commissioners to 4. When and so soon as the said Governor shall have appointed construct works. any Commissioners as aforesaid the Commissioners named in any one commission or afterwards appointed to any such commission as aforesaid shall become a body corporate by the name contained in the commission whereby such Commissioners shall respectively be appointed, and shall be capable forthwith of exercising all the functions of an incorporated body having a perpetual succession and a common seal with power to hold lands; and it shall be lawful for such Commissioners respectively to construct complete and extend either at one time or at different times and together or separately such works for supplying water to all or any of the districts and places mentioned in the Schedule to the said recited Act or any part or parts thereof respectively as the said Governor from time to time shall by such commissions respectively or by any other writing under his hand direct or order to be constructed completed or extended. Powers of Board of Land and 5. When and so soon as such appointment shall be made as Works to vest in aforesaid, all the powers and authorities given expressly or by reCommissioners. ference to the Board of Land and Works by the said recited Act, for any of the purposes therein mentioned shall be vested in such Commissioners respectively, save and except that Part VII. of "The Public Works Statute" shall not apply to such Commissioners or to the works to be done under this Act, but it shall be lawful for the said Commissioners respectively to exercise all the powers and privileges mentioned or contained in the "Lands Compensation Statute" (a) so far as the same is applicable for the purchase and taking of lands for the purposes of the said works, and such Act shall be deemed and taken as incorporated with this Act: And when and so soon as any such Commissioners shall be appointed all the powers vested in the said Board of Land and Works in respect of the works for which such Commissioners shall be appointed shall cease, and it shall be lawful for such Commissioners from time to time to make and alter such bye-laws as may be deemed by them to be necessary for the better carrying out the objects of this Act: Provided that no such bye-laws shall come into force until one month's notice of the intention to make such bye-law shall have been given in the Government Gazette, and until such bye-laws shall have been approved of by the Governor and inserted in the Government Gazette, which insertion shall be evidence of the making and publication of such bye-laws; and it shall be lawful for such commissioners by such bye-laws to fix penalties for breach thereof respectively, and all such penalties may be recovered in a summary way before two justices. Power for Governor to declare rates to be 6. It shall be lawful for the Governor in the said commissions respectively, to make and declare the rules regulations and orders charged and con- for prescribing rates of charges for the use of the water supplied from any works to be constructed completed and extended by such Commissioners respectively, and also to fix prescribe and determine ditions of carrying out the works. (a) Declared to be the "Lands Compensation Statute 1869" by 34 Vict. No. 375 s. 2, post, p. 2588. No. 347. the powers conditions provisions terms and regulations under and 33 VICTORIA, subject to which the said Commissioners respectively shall carry out the works directed to be done by them, and the supplying of water, and also to impose and declare the penalties and forfeitures to which any parties using or availing themselves of such works or supply of water shall be liable. missioners to borrow and repay or hand over works. 7. For the purpose of exercising all or any of the aforesaid Power for Compowers and carrying on all or any of the aforesaid works and for defraying all costs and expenses in or about the same it shall be lawful for such Commissioners respectively from and after such appointment from time to time to borrow from any person or persons or body corporate or mining company willing and able to advance and lend the same any sum or sums of money that may be necessary for the execution of such works as aforesaid, and to enter into such contracts or agreements, and whether by mortgage of the works or of the tolls payable in respect thereof or otherwise as may by such Commissioners respectively be thought advisable, either to secure and repay the said money so borrowed as aforesaid and interest, or upon the completion of the said works with the consent of the Governor to convey assign transfer and hand over the same together with all the rights powers and privileges by this Act given to the said Commissioners to such person or persons or body corporate or mining company. mining com money. 8. And for the purposes of enabling the governing body of any Power for muniborough shire or road district or mining companies respectively cipal councils and situate and exercising powers being or carrying on operations or panies to advance intending to carry on operations within the districts places or localities mentioned in the said Schedule to the said recited Act or in any of them or any part thereof respectively to contribute towards the expense of erecting or executing such works or any of them, it shall be lawful for such governing body or for any mining company to advance and lend to any such Commissioners such sum or sums of money as by such governing body or mining company may be considered advisable for the purpose of assisting or enabling such Commissioners respectively to carry on the works by any such commission as aforesaid authorized to be carried on, and that notwithstanding any portion of such works may extend out of or not be comprised within the limits of any such borough shire road district. or such company's ground, and that notwithstanding no part of such money so to be advanced as aforesaid may be spent within the limits of such borough shire or road district or of such company's ground, and in the case of any such loan being made by the governing body of any borough shire or road district, such money may be advanced and lent out of the ordinary borough or shire or road district fund, or may be borrowed and raised in such manner as by a special order, to be made in the manner pointed out in the one hundred and thirty-seventh section of 27 Vict. No. CLXXXIV., called "The Municipal Institutions Statute," may be resolved on, and the repayment of any such sum may be secured by a special rate which may be struck and made payable, and be subject to the powers provisions and conditions, or as near thereto as the circumstances of the case will permit, as are declared and contained in the several clauses of the said last-mentioned Act, being sections two No. 347. No money to be lent unless with assent of rate payers or share holders. 33 VICTORIA, hundred and twenty-one to two hundred and forty-seven inclusive; and in the case of any mining company such sum may be advanced out of the capital or profits of any such company or out of money to be borrowed by any such company in such manner as by law or by the articles of association of any such company such capital may be called up or such money may be borrowed: Provided always that no such governing body of any borough shire or road district shall advance out of the borough or shire or road district fund, or proceed to borrow any such money in manner aforesaid for the purposes aforesaid, unless with the concurrence and consent of two-thirds of the ratepayers of any such borough shire or district to be given by their votes by ballot at such place and time as may be fixed upon by the respective governing bodies within the limits of any such borough shire or road district, and not less than two weeks before any proceeding for making a special order shall be taken; and at any such voting the ratepayers respectively shall be entitled to the same number of votes as in the case of the election of a municipal councillor or member of a district road board. Money advanced secured. 9. And whereas the Board of Land and Works have from time to Ballarat to be to time advanced and lent to the respective councils of the boroughs See 36 Vict. No. of Ballarat and Ballarat East various sums of money amounting in 442 s. 3, "Water- all to Seventy-five thousand pounds for the purpose of enabling works (Amendment)," post, p. 2589. them to execute and erect certain works for the water supply of the aforesaid boroughs, and whereas a large portion of such works are executed or erected on Crown lands which are retained by the Crown as security for the repayment of such sums: Be it enacted by and with the advice and consent as aforesaid that it shall be lawful for the councils of the said respective boroughs under their corporate seal, and the same councils are hereby required so to do if requested in writing by the Board of Land and Works, to execute such deeds of mortgage of the said works now existing or which may hereafter exist and the tolls payable in respect of the same as the Board of Land and Works may deem advisable for securing the repayment of the said amounts respectively so advanced as aforesaid and interest; and further that in case the said Crown lands or any part thereof shall have been reserved or shall be reserved to the said councils of the boroughs of Ballarat and Ballarat East, or either of them, for water supply purposes or to any other body corporate in whom the aforesaid works for water supply in the respective abovenamed districts may for the time being be vested, and the said councils are hereby expressly empowered to hold any lands which may be so granted or to acquire and hold any other lands which may be necessary for the said waterworks, it shall be lawful for such council or other corporate body respectively to include in any such deed of mortgage as herein before mentioned such lands respectively or any part thereof: Provided it shall be lawful for the Governor if he shall think fit to appoint the mayor and councillors of Ballarat and of Ballarat East conjointly and their successors in office during their continuance in office commissioners within the meaning of the third and fourth sections of this Act, and the said commissioners when appointed shall form one body corporate and shall be designated the Ballarat and Ballarat East Water Commissioners, and such commissioners shall for the purposes of supplying water to Ballarat and |