« EelmineJätka »
The Irrigation and Reclaimed Lands Act.—1908. iv. To regulate the appointment, duties, and control of all or
any officers or servants of the Board, and the times and
modes of payment of their salaries, fres, and wages: y. To fix or regulate the securities to be taken from, or on be
half of, or to secure the fidelity of any officer or servant: vi. To regulate the making of assessments and the making or
declaring of rates : vil. For the appropriation and expenditure of the revenue of the
Board : vill. For the punishment of persons falsely representing theni
selves to be officers of or appointed by the Board : ix. For the more effectual exercise of the powers and discharge
of the duties and liabilities hereby conferred and imposed
on the Board: x. To require owners and occupiers to fence supplies of water : xi. To regulate the irrigation water supply and the flow of
irrigation and drainage waters into, in, or through any
channel, flume, or pipe, and the disposal of such waters: xit. To fix fees and charges: xni. To fix pecuniary penalties for offences against or breaches of
such by-laws, or any of them, and to fix additional penalties for a repetition or continuance of any offence or breach: Provided that no penalty for any single offence or breach shall exceed Twenty Pounds, nor for any con
tinuance Two Pounds for each day of such continuance: xiv. For any other purpose arising under and consistent with
this Act not herein expressly provided for, and for otherwise fully and effectually carrying out and giving effect to the various objects, purposes, powers, and authorities of this Act, and guarding against evasions and violations thereof.
By-laws to be passed by three-fifths of members in office.
Ibid, s. 60.
91. (1) At least three-fifths of the members then in office shall be present at the meeting of the Board to pass any by-law..
(2)No by.la w shall be of any force until signed by the chairman and secretary, and confirmed by the Governor, and published in the Gazette.
(3) After the expiration of one month from such publication, a by-law shall have the force of law, and shall, until altered or repealed, have effect within the irrigation area as if such by-law were part of this Act: Provided that in case of any conflict between any by-law made by any Board and any regulation made by the Governor the regulation shall be held to prevail.
The Irrigation and Reclaimed Lands Act.-1908.
MISCELLANEOUS. 92. All water required by the Commissioner for the purposes of Water may be taken this Act may be taken from the River Murray, or any other river, from River Murray or from any creek, stream, lagoon, or other water within any irrigation area ; and all water required by any Board for such purposes may be taken from the River Murray, or any other river, or from any creek, stream, lagoon, or other water within the irrigation area of such Board.
93. Every Board shall cause all watercourses, channels, or drains Board to clean within its irrigation area to be kept so as not to be a nuisance or watercourses, &c. injurious to health, and to be properly cleared, cleansed, and Act 910, 1906, s. 61. maintained in proper order; and any Board making default in any of such matters shall be liable to the occupiers of land for any damage thereto in consequence of or through the disrepair of any such watercourse, channel, or drain.
94. (1) Nothing in this Act shall render any Board, or the No liability Commissioner, or the Government of the said State liable for damages in certain cases. consequent upon insufficiency of water, or for injury to any land or ļbid, 8. 62. other property which happens through or by such insufficiency, or through or by flood waters or the overflowing of any river.
. (2) Nothing in this Act shall render any Board liable for injury No liability except happening through or by the breaking of any dam, bank, water. for neglect to repair. course, channel, drain, or sluice, unless such injury arises through Ibid. neglect to keep such dam, bank, watercourse, channel, drain, or sluice in repair, and unless the occupier of the land or property injured had given written notice to the Board warning them of the probability of such injury, and the Board has neglected within a reasonable time thereafter to make any reasonable repair of such dam, bank, watercourse, channel, drain, or sluice; and in such case the remedy shall be only against the Board and the funds thereof, and not against the individual members.
95. (1) Whenever any irrigation area is subdivided into other Abolition or alteration irrigation areas, enlarged, or curtailed, as mentioned in section 10 of area. hereof, or is abolished, the Governor may appoint some person to hold Ibid, s. 63. an inquiry and make an award apportioning the real and personal property, and the debts, liabilities, and engagements of the Board of such irrigation area as may be deemed advisable by such person.
(2) Any such award may provide for all or any of the matters Award on. included in the subject for inquiry, and may declare in whom any Ibid, 8. 64. property shall be vested, and by whom any moneys shall be paid, or other acts or things done, including the payment of any costs of the inquiry, and may give such directions as may be necessary to give effect to the inquiry.
96. Every such award shall be final, and shall, from the date to be final. thereof, have the operation of and be enforceable as if it were a Ibid, s. 65. judgment of the Supreme Court.
The Irrigation and Reclaimed Lands Act.—1908.
97. Nothing in the three immediately preceding sections shall in any way affect the rights or interests of any creditor of any Board, or shall relieve the ratepayers for the time being in any irrigation area from their liability to pay any special rate made under the provisions of this Act for a security for any advance.
Gazette to be evidence.
LEGAL PROCEDURE, ETC. 98. The production of the Gazette in which is published any Proclamation, regulation, by-law, notice, appointment, or other notification, made or given, or purporting to be made or given, pursuant to this Act, shall be conclusive evidence in all Courts and before all tribunals that such Proclamation, regulation, by-law, notice, appointment, or notification was duly made or given and is of full force and effect, and of the contents thereof, and of the matters stated, recited, or assumed therein.
Proclamation valid 99. No Proclamation shall be invalid by reason of anything for all purposes. required as preliminary thereto not having been done, or not having Act 910, 1906, s. 69. been duly done.
Documents of Board, how verified.
100. Every notice, document, or other writing requiring to be authenticated by any Board may be sufficiently authenticated without the common seal of the Board, if signed by the chairman, by two members of the Board, or by the secretary.
Ibid, s. 70.
Service of notices.
101. Service of any document may be effected by giving the same personally to the chairman or secretary, or leaving it at the office of the Board with any person employed therein.
Seal of Board to
102. The corporate name of every Board shall be part of the seal of such Board, and judicial notice shall be taken of such seal by every Court and tribunal, and such seal shall be kept at the office of the Board.
Ibid, s. 73.
103. The failure of any person to do any act, matter, or thing, when required so to do by any Board under the powers vested in them by this Act, shall be an offence against the provisions of this Act.
Penalty where none specified.
104. Any offence against this Act for which no punishment is specified shall be punishable by a penalty of not exceeding Twenty Pounds.
Who may lay infor- 105. (1) All proceedings may be had and taken, and all commations, and hearing plaints and informations may be laid, for any offence against this Act 910, 1906, s. 74. Act, at the instance of any person; and all complaints and informa
tions shall be heard and determined, and all moneys, costs, and expenses shall be recovered, in a summary way before a Special
Magistrate The Irrigation and Reclaimed Lands Act.—1908.
Magistrate or any two Justices; and all such proceedings shall be in manner provided by the Ordinance No. 6 of 1850 and the Act No. 298 of 1883-4, or any Act for the time being in force as to procedure before Justices.
(2) The Special Magistrate or Justices may also, in case any penalty is imposed, order the defendant, in default of payment thereof, to be imprisoned, with or without hard labor, for any period not exceeding six months.
106. All penalties shall, except where otherwise provided, when Penalties. recovered, be paid to the Treasurer.
Ibid, s. 75. 107. There shall be an appeal from any decision of any Special Appeal to Local Magistrate or Justices to the Local Court of Adelaide of Full Jurisdiction.
Ibid, 8. 76.
108. Such appeal shall be regulated by the said Ordinance No. Procedure on appeal, 6 of 1850 and the said Act No. 298 of 1883-4, or any other Act for Ibid, s. 77. the time being regulating appeals to such Local Court; and such Local Court may make such order as to costs as it thinks fit.
109. Such Local Court may statea special case for the opinion Special case, of the Supreme Court.
Ibid, s. 78.
110. The Supreme Court shall deal with such special case accord Procedure on special ing to the practice of the Supreme Court on special cases, and may make any order as to the costs of the proceedings in that Court and Ibid, s. 79. in the Courts below.
111. All actions for anything done under this Act shall be com- Protection to persons menced within six months after the cause of action arises, and not acting in execution of afterwards. Notice in writing of such action, and the cause thereof, Ibid, s. 80. shall be given to the defendant one month at least before the commencement of the action. In every such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon. No plaintiff shall recover in any such action if tender of sufficient amends has been made before action brought, or if a sufficient sum of money has been paid into Court by or on behalf of the defendant after action brought, together with the costs incurred up to that time.
In the name and on behalf of His Majesty, I hereby assent to this Bill.
GEORGE R. LE HUNTE, Governor.
The Irrigation and Reclaimed Lands Act.—1908.
South (Royal Arms] AUSTRALIA.
Lands Act 1908."
Commissioner of Crown Lands of the State of South Australia (hereinafter called “the Commissioner”) in exercise of the powers conferred upon me by ihe above-mentioned Act (hereinafter called “the said Act”) dc hereby lease to [name of lessee) of [address and occupation) his executors administrators and assigns (all of whom are hereinafter included in the term “lessee ") all that land containing
acres or thereabouts and being Block No.
for the third year the sum of
and for the fourth and every succeeding year the sum of
(subject to alteration on revaluation as provided by the said Act) such sums to be paid in advance on the
in each year and the first of such sums to be paid on the day of one thousand nine hundred and
and at a further rent of five pounds per centum per annum on any rent in arrear subject to the reservations covenants and conditions shortly stated below and some of which are more fully set ont in “ The Crown Lands Act 1903.”
Reservations. 1. There are reserved to the Crown all gold silver copper tin and other metals ores minerals and other substances containing metals and all gems and precious stones coal and mineral oil with incidental powers of search and mining.
2. There is reserved to the Commissioner and to the Board constituted or to be constituted for the said irrigation area (hereinafter called “the Board ") the right at all times by himself or themselves or by his or their officers or agents to enter into and upon the land hereby leased and therein to construct alter divert cleanse repair and inspect water channels drains embankments and all other reclamation irrigation and sanitary works and to conserve water for the public use where required and to exercise all powers conferred upon him or them respectively by the said Act without any payment to the lessee by way of compensation.
1. Pay the rent at the times and in manner aforesaid.
land and in particular all rates and charges imposed or charged by
by the said Act or by any Act amending or extending the same: 111. Pay for all water supplied to him by the Commissioner or the Board at
the rates or charges levied or prescribed by the Commissioner or the
Board : iv. Enclose the land with cattle-proof fence before the end of the fifth year
of the lease : v. During the first two years of the lease plant or bring under cultivation
to the satisfaction of the Commissioner at least two-fifths of the reclaimed and of the irrigable land included in this lease and an additional one-fifth of such lands in each of the following three years
until the whole of such lands are under such cultivation or planting: vi. Keep in good repair all Crown improvements (if any) on the land and
all improvements made by the Commissioner or the Board and all buildings orchards vineyards gardens fences and other improvements thereon and keep all fruit and other trees and plants thereon free as far as possible from insects pests and diseases :