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Penalty for

nuisance in

drainage area.

s. 475.

SEVENTEENTH SCHEDULE-continued.

(11) Where any owner or occupier of any land within the drainage area of the Yan Yean or any other reservoir vested in the Board does or

Water Act 1890 permits to be done on his land any act or permits to remain thereon any matter or thing which in the opinion of the Board is likely to injure the water supply, if notice to discontinue or remove the same be given to him in writing by the Board and if he neglect or refuse to discontinue such act or to remove such matter or thing, he shall for each such offence forfeit a sum not exceeding Five pounds and a further sum of twenty shillings for each day (if more than one) that such offence continues.

Penalties may be

recovered either

from his

employer.

Ib. s. 486.

(12) Every penalty imposed by any of the provisions referrrd to or set from offender or out in this Schedule or any by-law relating to water supply may be proceeded for and enforced either against the person actually committing any breach thereof or the person in whose employment he is and on whose behalf he is acting. All rates charges and sums due to the Board and all damages costs penalties and forfeitures under any of the said provisions and all penalties under any by-law may be proceeded for before and enforced by any two or more justices.

Recovery may be

in a summary

way.

Ib. s. 486.

Powers of Board

in construction

(13) For the purposes of this Part of this Act the Board subject to the of waterworks. provisions and restrictions herein contained may exercise any of the following powers (that is to say):

Ib. s. 425.

Compensation to be made for damage.

Ib. s. 426.

Settlement of

disputes as to compensation.

:

It may enter upon any lands and take the levels of the same and set out such parts thereof as it thinks necessary and dig and break up the soil of such lands and trench the same and remove or use all earth stones trees or other things dug or gotten out of the

same.

It may enter upon take and hold such land as it shall from time to time consider necessary for the construction or the improvement of the works under this Part of this Act or for securing or improving the water to be supplied or the quality or purity thereof.

It may from to time sink such wells or shafts and make maintain alter or discontinue such reservoirs waterworks cisterns tanks aqueducts drains cuts sluices pipes culverts engines and other works and erect such buildings upon the lands and streams authorized to be taken by it as it thinks proper.

It

may from time to time divert and impound the water from any such streams as it may deem necessary and alter the course of any streams; and also take such water as may be found in under or on the lands to be taken for constructing the works. It may enter upon any lands public or private streets or roads and lay or place therein any pipe and may repair alter cut off or remove any pipe so laid and may in like manner enter upon any such lands streets or roads for the purpose of repairing watercourses and other works the property of the Board connected with the water supply.

(14) In the exercise of any powers given to it by this Part of this Act the Board shall do as little damage as can be; and in all cases where it can be done shall provide other watering places drains and channels for the use of adjoining lands in place of any such as shall be taken away or interrupted by it, and shall make full compensation to all parties interested for all damage sustained by them through the exercise of such powers and for the use of any land in which any pipes are laid; and such compensation if the Board cannot agree with the owner shall be settled as in cases of disputed compensation under the Lands Compensation Act 1890.

[blocks in formation]

IRRIGATION AND WATER SUPPLY TRUSTS ABOLISHED, AND THE LIABILITIES
THEREOF CANCELLED.

Sec. 377.

[blocks in formation]

5. Torrumberry North Ir- Irrigation Act 1886 6,000 0 0 1,200

rigation and Water Sup

ply Trust

6. Werribee Irrigation and Irrigation Act 1886 6,000 0 0 3,752 4 9

Water Supply Trust

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