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An Act to authorise the carrying out of a Certain Scheme

of Drainage in the South-East of the State, and
for other purposes.

[ A ssented to, December 23rd, 1908.]
E it Enacted by the Governor of the State of South Australia,

with the advice and consent of the Parliament thereof, as follows:

1. This Act may be cited as “The South-Eastern Drainage Short title. Scheme Act, 1908.”

2. This Act is incorporated with “ The South-Eastern Drainage Incorporation. Act, 1878,” “ The South-Eastern Drainage Act Amendment Act, 1895,” and “ The South-Eastern Drainage Amendment Act, 1900," and any Acts for the time being in force incorporated with, amending, or substituted for any of those Acts.

From the time of the coming into operation of “ The South- Interpretation. Eastern Drainage Act Amendment Act, 1908,” the last-mentioned Act shall be deemed to be substituted for “ The South-Eastern Drainage Amendment Act, 1900.”

3. In this Act

" Commissioner" means the Commissioner of Public Works for

the time being of the said State, or the Minister of the Crown for the time being discharging the duties of such Commissioner:


The South-Eastern Drainage Scheme Act.–1908.

“ Council” means a District Council whose district or part of

whose district is included in the Drainage District : Engineer-in-Chief” means the person for the time being hold

ing the office of Engineer-in-Chief or discharging the duties

of such office: " Gazette" means The South Australian Government Gazette: “Land” does not include any land situated within the boundary

of any Municipal Corporation or town or township: “ Landholder" means the owner of any freehold estate in land,

the holder of land under agreement with the Crown for the sale of such land upon credit, the lessee of land under lease from the Crown; and as to unleased Crown lands,

the Commissioner of Crown Lands: “ The District Councils Act" means “The District Councils

Act, 1887,” and all Acts amending or substituted for that

Act: “ The drainage district” means and includes the land situated

within the area defined in the plan in the Third Schedule

hereto and enclosed by the green line shown on such plan. Scheme may be 4. Subject to the provisions hereinafter contained as to a poll, carried out subject to the Commissioner shall call for tenders for the construction of the poll.

drains mentioned in the First Schedule hereto (in this Act called “ the drains") out of loan moneys to be provided by Parliament for the purpose, which shall not exceed in the total the sum of Three Hundred Thousand Pounds. Should no tender or tenders be accepted, or should a tender or tenders be accepted and the contractor or contractors fail to begin or to complete the work, or any part thereof, in accordance with the contract or contracts, the Commissioner may, according to the circumstances, construct or complete the drains and construct or complete all such drainage and other works and do all such other things in connection with the drains (in this Act called “the drainage works ") as he thinks proper. The

drains and the drainage works are in this Act called “the scheme." South-Eastern 5. Subject to the provisions of sections 6 to 10 hereof, the proDrainage Acts to

visions of the Acts incorporated herewith shall apply to all matters apply to construction, etc.

preliminary to, connected with, incidental to, and consequent upon the construction of the scheme, including the apportionment of the cost thereof, the payment of the proportions of the cost thereof with interest to the Commissioner, the dates for payment of the first and other instalments of such proportions, the computation of the amounts of such instalments, the charge of such proportions upon the land, the enforcement of such charge, the recovery of instalments by the Commissioner, and the proportions of instalments to be paid by lessees to landholders: Provided that the express reference to specified matters in this section shall not be held to limit the meaning of this section, or to diminish its effect in any way.

The South-Eastern Drainage Scheme Act.—1908. 6. No request of landholders shall be necessary before the con- No request of land

holders necessary. struction of the scheme or any part thereof.

7. The positions shown in the plan in the Third Schedule hereto Positions of drains in are approximately the contemplated positions of the drains. In plan may be altered. constructing the drains such positions may be altered as found to be necessary or expedient, and such alteration shall not affect the validity of anything done under this Act.

8. A copy of the said plan, or an enlargement thereof, shall be Çops of plan to be deposited in the office of the Surveyor-General in Adelaide before deposited. the construction of the scheme is commenced.


9. (1) Upon the completion of the construction of the scheme Engineer-in-Chief's the Engineer-in-Chief shall furnish the Commissioner with a certi- certificate. ficate, stating the date of completion, the cost of the construction of the scheme, and what lands will be benefited by the scheme.

(2) The Commissioner shall, by notice in the Gazette, publish such certificate; and such notice shall be conclusive as to the date of completion, the cost of the construction of the scheme, and what lands will be benefited by the scheme, notwithstanding that it differs from any previous estimate of the cost or from anything in or indicated by the said plan.

10. (1) One half of the cost of construction of the scheme shall One half of the cost be deemed to be an advance from the Commissioner to all the land- to be paid by landholders of the lands which will be benefited by the scheme; and such advance shall be repaid to the Commissioner by such landholders, with interest thereon at the rate of Four Pounds per centum per annum, in the proportions to be ascertained and apportioned in manner provided by “ The South-Eastern Drainage Amendment Act, 1900,” and any Act for the time being in force amending or substituted for that Act: Provided that the apportionment shall be of one half and not the whole of the cost of construction.

(2) A notice of such apportionment published in the Gazette, pursuant to “ The South-Eastern Drainage Amendment Act, 1900,” and any Act for the time being in force amending or substituted for that Act, shall be conclusive evidence of the amount of the proportion to be paid to the Commissioner by each landholder mentioned in such notice, the amount of the yearly instalments to be paid to the Commissioner, the date upon which the first instalment will be due, and the validity of all matters stated in such notice.

11. When the construction of the drains and the drainage works Scheme to be under is completed the same shall be and continue under the care, control, care, &c., of drainago

authority. and management of the drainage authorities or authority having the care, control, and management of other drains and drainage works in the districts within which the said drains and drainage works respectively are situated ; and such authorities or authority shall have, exercise, perform, and enjoy the same rights, powers, functions, obligations, duties, and immunities in respect thereof as in


The South-Eastern Drainage Scheme Act.—1908.

respect of other drains and drainage works situated within their respective districts or its district, including (but without limiting the effect of this section) powers to make assessments for rates and to levy and recover rates, and the duty to cleanse, repair, and main tain the drains and drainage works.

Other drains not affected by this Act.

12. Nothing in this Act contained shall affect any drain or drainage works constructed before the passing of this Act, in course of construction at the time of the passing of this Act, or (except the scheme) hereafter to be constructed within the drainage district, or any matter or thing preliminary to, connected with, incidental to, or consequent upon the construction of such drain or drainage works.

Poll to be taken whether the scheme to be carried out.

13. On a date to be fixed by the Governor by Proclamation

published in the Gazette the question whether the scheme shall be Cf. Gawler to

carried out in pursuance of this Act shall be submitted by each Angaston Railway Council to a poll of the landholders of land (other than unleased Act 942, 1907, 8. 10. Crown lands) which is included in the drainage district, and is

situated in the district of such Council.

Provision for poll.
Cf. ibid., 8. 11.

13 of 182.

14. Every poll of landholders under this Act shall be taken by ballot1. The Council shall appoint a Returning Officer, who shall,

mutatis mutandis, have all the powers conferred by the District Councils Act, or “ The Ballot Act of 1862," on a Returning Officer in case of an election, including the power to appoint deputies, and shall preside at the taking

of the poll: 11. The Council shall appoint a polling-place for such poll

, and where the district is divided into wards shall appoint a polling-place in each ward. The taking of the poll shall commence at eight o'clock in the forenoon, and shall continue open until all the voters present in the polling-booth at seven o'clock in the afternoon shall have had an oppor

tunity of voting, and shall then close : 111. Two scrutineers, to be present at the voting at each polling.

place, shall be appointed by the Council : iv. At every poll the Returning Officer, if it appears to him

expedient, may cause booths to be erected, or rooms to be hired and used as booths, at the several polling-places of the district; and the same shall be so divided and allotted into compartments as to the Returning Officer seems most convenient, and the Returning Officer shall, before the day fixed for taking the votes, cause to be furnished for use at each polling-place a list of the landholders entitled to vote at such polling-place, which shall show how many votes each landholder is entitled to according to the scale in the next succeeding subsection, and the land in respect of which each landholder is qualified to vote, and the Returning Officer shall, under his hand, certify such list to be correct:

V. Each

The South-Eastern Drainage Scheme Act.—1908.

1. Each landholder entitled to vote may vote on a scale according Landholders to vote

to the amount of value at which he is assessed in the according to scale.
assessment-book of the Council, as follows:- Twenty-
five Pounds or under, one vote; over Twenty-five Pounds
to Thirty-five Pounds, two votes; over Thirty-five Pounds
to Forty-five Pounds, three votes; over Forty-five Pounds
to Fifty-five Pounds, four votes; over Fifty-five Pounds
to Sixty-five Pounds, five votes; over Sixty-five Pounds,

six votes. No person shall have more than six votes:
vi. In case of joint tenancy or tenancy in common, one person

only shall vote unless the assessed value of the property
exceeds Seventy-five Pounds, and then one other joint
tenant, or tenant in common, may vote for each additional
Seventy-five Pounds, or for any fractional part of Seventy-
five Pounds, of assessed value, on the same scale as is
allowed for the first Seventy-five Pounds, or the fractional
part thereof, and joint tenants, or tenants in common
entitled, may vote in the order in which they tender their
votes, until votes have been taken for the whole assessed
value, or all the joint tenants, or tenants in common,

have voted :
vii. Except as by this Act otherwise provided, no person shall

have more than one vote:
vill. Every person entitled to vote shall present himself to the

Returning Officer, or his Deputy, at the polling-place for
the district or for the ward in respect of which such
person claims to vote, and state his Christian and surname,
abode, profession, or occupation, the nature of his
qualification, and the place where the property or qualifi-
cation is situate. The Returning Officer, or Deputy, shall
thereupon place a mark against the voter's name on the
list of landholders in use at the polling-place, and hand such
voter a voting-paper for every vote to which he is entitled,
which voting-paper shall bear the initials of the Returning
Officer, or Deputy, and the following sentences :-
6 1

approve of the drainage scheme being carried out
in pursuance of The South-Eastern Drainage

Scheme Act, 1908':
“I object to the drainage scheme being carried out

in pursuance of The South-Eastern Drainage

Scheme Act, 1908'":
And shall have a square printed opposite each such sen-
tence, and nothing else shall be inserted in, or placed on,

such voting-paper:
ix. There shall be provided one or more separate apartments or

places forming part of the polling-booth, into which the
voter shall, on receiving his voting paper or papers, im-
mediately retire, and there alone and in private, without
interruption, indicate his vote or votes by making a cross


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