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The Irrigation and Reclaimed Lands Act.—1908.


(2) If the said local authority and the Board cannot agree as to what property, rights, and obligations become vested in, appertain to, and imposed upon the Board, in accordance with subsection (1) of this section, the matter shall be decided by arbitration by two arbitrators, one to be appointed by the local authority and the other by the Board, and an umpire, to be chosen by the two arbitrators before they enter upon the reference.


68. The roll to be kept under section 61 of this Act shall be Roll to be ratepayers deemed to be the ratepayers' roll for any purpose of rating, or any matter connected therewith ; and, if there is no revised roll, the then Act 910, 1906, s. 41. existing roll shall for all purposes be deemed the ratepayers' roll.

69. The Board shall supply and distribute water for the irriga- Board to supply and

distribute water. tion of the irrigation area and the use of the inhabitants thereof, at such rates and charges as are approved by the Commissioner; and Now. may supply and distribute water to other persons who own or occupy land adjacent to the irrigation area in such quantities and at such rates as are agreed upon by the Board and such persons; but the Board shall not be liable to any penalty or damage for not supplying or distributing water if the want of supply arises from drought, low river, scarcity of water, or from any unavoidable cause or accident.

70. All such rates for water declared by the Board shall be Rates to be declared

on the basis of area. declared upon the basis of area, irrespective of improvements upon the land, and so that the total rates in any one year shall be at least New. equal to a sum sufficient to cover the annual expenses of the Board, and also all moneys for the time being payable to the Commissioner in pursuance of the provisions of section 32 of this Act.

71. Except in respect of town lands, for the purpose of computing Assessment of

fractional parts of the rates, a fractional part of a rood, if equal to or exceeding twenty roods. perches, shall be deemed to be a rood; but if less than twenty perches, New shall not be taken into account.

surface and storm

72. If any land within the irrigation area is not, as to the Board may drain drainage of surface and storm water, drained by some efficient drain water. communicating with some watercourse or drain used under the Act 910, 1906, s. 42. authority of this Act, the Board may construct through any land lying between the first-mentioned lands and the nearest such watercourse or drain an efficient drain suited for draining therefrom and from the intermediate lands such surface and storm water as aforesaid, but so that such drain shall not pass through or under any house, building, or other like structure.

73. (1) All costs and expenses incurred in constructing such drain Owners benefited

, shall be apportioned by the Board among the ratepayers deriving thereby to pay cost. any benefit therefrom, so far as possible in proportion to such benefit, ibid, s. 43. and shall be repaid by such ratepayers after notice in that behalf by the Board ; and the same, if not paid, may be sued for and recovered as a debt due to the Board.


(2) If

The Irrigation and Reclaimed Lands Act.—1908,

PART 18.

(2) If any dispute arises between the Board and ratepayers or between ratepayers as to the correctness of such apportionment, the matter shall be decided by the Commissioner, whose decision shall be final.

Power to reduce water in low-lying land and apportion cost.

74. The Board may, by pumping or otherwise, reduce the water in any low-lying land within the irrigation area to such level as they deem proper, and shall apportion the costs and expenses of so doing among the ratepayers of all reclaimed land within the area in such proportions as they deem fair and reasonable.


Parr v.


Constitution of

Lands Loan Fund.

LOANS TO LESSEES. 75. (a) A fund is hereby constituted, to be called the “Lessees Lessees of Reclaimed of Reclaimed Lands Loan Fund," and shall consist of such moneys Act 910, 1906, s. 44. as Parliament provides for the purposes of loans to lessees under this


(6) Such moneys shall be set apart for such purpose, and shall be under the control of the Commissioner.


Principal moneys 76. All moneys received by the Commissioner in repayment of repaid to form part of fand, but interest to any such advances to lessees shall be placed to the credit of the said be paid into the fund, and form part thereof. Moneys received as interest shall be

paid to the Treasurer in aid of the general revenue of the State. Ibid, s. 45. Commissioner to keep

77. The Commissioner shall keep accounts showing all operaaccounts.

tions on the said fund, as well as all moneys paid to and received Ibid, s. 46.

from each lessee to whom any advances are made under this Act.


Ibid, s. 47.

78. Advances may be made by the Commissioner out of the said fund to assist lessees who have observed and performed the covenants and conditions of their leases to the satisfaction of the Commissioner 1. In erecting or completing permanent buildings, and making

permanent improvements on their lands: 11. In the making of improvements which permanently increase

the capital value of the land.

Nature of improvemente.

Ibid, e. 48.

79. Such last

mentioned improvements may consist of grubbing the land or fencing the same, erecting or making thereon permanent water improvements, such as drains, dams, wells, tanks, watercourses, windmills, and the like.

Conditions of advances.

Ibid, s. 49.

80. (1) Advances under subsection 1. of section 78 shall not exceed one-half of the cost to the lessee of the permanent buildings and other permanent improvements (if any) which are then subsist. ing, in good repair and condition, on his block.

(2) Advances under subsection 11. of section 78 shall not exceed one-half the value of the improvements.

(33) The The Irrigation and Reclaimed Lands Act.—1908.


(3) The amount owing to the Commissioner by any lessee for moneys advanced under the said section, with interest, shall not at any time exceed in the whole One Hundred and Twenty-five Pounds.

Ibid, s. 50.

81. Every application for an advance shall be made in writing to Applications. the Commissioner; and be

1. In a form prescribed by the Commissioner; and
11. Supported by-
(a) The report of the Surveyor-General, or other authorised

officer, and
(1) Vouchers, statutory declarations, and other evidence showing

the cost of and condition of the permanent buildings and

other permanent improvements (if any), and (c) Such other evidence as the Commissioner requires. In computing the cost the labor of the lessee may be taken into account.

82. (1) Every lessee, on obtaining such an advance, shall enter Agreement to be into an agreement with the Commissioner in such form as prescribed, executed by lessee. and such agreement may contain such additional terms and conditions Ibid, s. 51. as the Commissioner thinks necessary.

(2) The lessee shall deliver up his lease to the Commissioner, to be held by him, and for indorsement thereon of the particulars of the advance. Upon production of the lease, with such indorsement signed by the Surveyor-General, the Registrar-General shall enter such particulars on the Register Book under “The Real Property Act, 1886."

380 of 1886.

83. All moneys so advanced to any lessee shall be repaid to Monoys, how repaid. the Commissioner by twenty equal annual instalments, together with interest on the amount for the time being unpaid at the rate of Four New. Pounds per centum per annum, the first instalment of principal to be paid at the expiration of five years from the date of such advance : Provided that the lessee may pay the whole or any portion of the amount advanced at any time prior to the expiration of the time agreed or prescribed for payment.

84. Any breach by the lessee of any of the terms or conditions Breach of agreement of such agreement shall be deemed a breach of the conditions of his liable to forfeiture. lease, and shall render such lease liable to be cancelled and forfeited, Act 910, 1906, s. 53. or, at the Commissioner's option, to be sold and transferred, in the same manner as Crown leases when rent is in arrear.

85. In cases of hardship the Commissioner may extend the Extension of time for time for making any payment on account of any such advance: Provided that the deferred payments shall bear interest at the rate of Ibid, s. 64. Five Pounds per centum per annum.


86. While

The Irrigation and Reclaimed Lands Act.—1908.

PArt v. Lessee not to remove destroy, or injure improvements. Ibid, s. 56.

86. While any principal or interest moneys remain owing by any lessee in respect of such advances the lessee shall not pull down or remove, or suffer to be pulled down or removed, or alter, or destroy, damage, or injure, or suffer to be altered, destroyed, damaged, or injured, any permanent building, erection, or fence, or any drain, dam, embankment, windmill, or other water improvement erected or made upon the land comprised in his lease, without the consent in writing of the Commissioner thereto.

Mortgages, &c., sub-
sequent to advance to
be void.
Ibid, s. 56.

87. When any lessee has obtained such an advance, no sub-lease, mortgage, or other encumbrance subsequently executed by him shall have any validity until such advance, and all interest in respect thereof, are fully repaid and satisfied.


Ibid, s. 57, altered.


REGULATIONS. 88. The Governor may, as to any or all irrigation areas proclaimed under this Act, from time to time, make, alter, and rescind all such regulations as appear necessary or advisable, for regulating(a) The duties, powers, authorities, and privileges of all persons

employed in the administration of this Act : (6) The meetings and proceedings of Boards and of ratepayers: (c) The supply and distribution of water upon irrigation areas,

and the charges therefor: (d) The management of irrigation areas, and all improvements

thereon, and the employment, duties, and privileges of lessees and occupiers of the land until the constitution of

Boards: (e) The making and dealing with applications, fixing of boundaries

areas, rents, and purchase-money, and the making of sur

veys: (1) The form and contents of notices, applications, leases, licences

and all other instruments and documents, and the mode of

executing, serving, or delivering the same: (9) Elections: (h) The making of assessments, and the declaring and recovery of

rates : (i) Transfers, transmissions, and forfeitures : (j) The imposing of penalties: (k) The time and manner in which any act, deed, matter, or thing

required by this Act to be done, and as to which no time

or procedure is provided, is to be done or performed: (1) 'The subjects upon which the Boards may make by-laws, and their confirmation by the Governor, and publication:

(m) Fees

The Irrigation and Reclaimed Lands Act.—1908.


(m) Fees to be paid and charges to be made:
(n) The income and expenditure of Boards :
(0) All other matters and things arising under and consistent with

this Act not herein expressly provided for, and for other-
wise fully and effectively. carrying out and giving force
and effect to the various objects, purposes, powers, and
authorities of this Act, and guarding against evasions and

violations thereof:
(p) Penalties for breaches of any such regulations, and additional

penalties for a repetition or continuance of such breach :
Provided that the penalty for any single breach shall not
exceed in any case Twenty Pounds, nor for any con-
tinuance Two Pounds for each day of such continuance.


89. (1) All such regulations shall be published in the Gazette, Regulations to have

force of law, and to and shall thereupon have the force of law.

be laid before Parlia(2) All such regulations shall be laid before both Houses of Par

Ibid, s. 58. liament within fourteen days after the publication thereof, if Parliament is in Session at the expiration of such fourteen days, and if not, then within fourteen days after the next Session of Parliament begins; and if, within thirty days after the laying before Parliament of any such regulation, either House of Parliament passes a resolution objecting thereto, the same shall (so far as so objected to) thenceforth cease to have the force of law, and notice of such resolution shall forthwith be published in the Gazette.

(3) The Gazette containing any such regulation purporting to be Gazette evidence of made by the Governor by virtue of this Act shall be conclusive evidence of the valid making and of the contents thereof, and the Gazette containing a notice of a resolution being passed by either House of Parliament objecting to any such regulation shall be conclusive evidence of the passing of such resolution and of the contents thereof.

90. Any Board may make, alter, and rescind such by-laws as are By-laws made by necessary or convenient for carrying out any of the provisions of this Act in its irrigation area, and for the following purposes :

Ibid, s. 59, altered. 1. To regulate the manner of calling and holding meetings of

the Board and committees thereof, and the quorum of such

committees :
11. To regulate the forms and places of posting or manner of

publication of public notices to be published by the

11. To regulate elections and the appointment of officers or other

persons to carry out the provisions of this Act in relation
to elections :

iv. To

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