The South-Eastern Drainage Act Amendment Act.-1908. (4) Upon deciding as in subsection (1) of this section mentioned, the Commissioner shall publish his decision by notice in the Gazette, and such notice shall be conclusive as to the accuracy of such decision. PART IV. 54. If the Commissioner decides that the petitioners are a Construction of drain. majority of the landholders of the lands which will be benefited by cf., ibid., s. 6. the drain, and that the value of the lands of which they are the landholders is at least three-fourths of the value of the lands which will be benefited by the drain, the Commissioner shall, after the publication of his decision in the Gazette, proceed with the construction of the drain out of moneys provided by Parliament for the purpose of constructing drains: Provided that before the construction of any such drain is proceeded with the Engineer-in-Chief shall supply to one of the applicants, to be nominated for the purpose by a majority of the petitioners, a plan and specification of the proposed works to be undertaken, together with an estimate of the cost thereof: Provided also that so soon as tenders shall have been received for the proposed works copies of all tenders and the amounts thereof shall be similarily supplied to the person nominated by the petitioners. If within twenty-one days from the receipt of the tenders by the petitioners' nominee a majority of the petitioners shall signify to the Commissioner of Crown Lands that they do not desire the work to be proceeded with the Commissioner shall not accept any tender for the proposed work. The costs of the preparation of plans and calling for tenders shall be borne by the petitioners. Cf. ibid., s. 7. 55. The cost of constructing the drain shall be deemed to be an Cost to be paid by advance by the Commissioner to all the landholders of the lands landholders. which will be benefited by the drain, 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 as hereinafter mentioned. final report. 56. (1) When the construction of the drain is completed the Engineer-in-Chief's Engineer-in-Chief shall furnish the Commissioner with a final report, certifying the date of the completion and the cost of the con- Cf. ibid., s. 16. struction of the drain. (2) The Commissioner shall, by notice in the Gazette, publish such report, and such notice shall be conclusive as to the date of completion of the drain and the cost of construction thereof, notwithstanding that it differs from any previous estimate of the cost. apportionment of 57. (1) The Assessment Board shall, within three years after Preliminary the date of completion of the drain, make a preliminary apportion- the cost. ment of the cost of the construction thereof amongst all the landholders C-962 Cf. ibid., s. 9. PART IV. Objection to the apportionment. Cf. ibid., s. 10. Determination of objection. Cf. ibid., s. 11. Adjustment of apportionment. New. Final apportionment. The South-Eastern Drainage Act Amendment Act.-1908. holders of the lands benefited by the drain, as declared by the Commissioner's declaration. (2) The Assessment Board shall by notice published in the Gazette set forth the preliminary apportionment. Such notice may be in the form in the Fourth Schedule hereto. The Gazette containing such notice shall be conclusive as to such apportionment. 58. (1) Any landholder may, within two months after the publication of the notice of preliminary apportionment, object to the amount of the cost apportioned to him by such apportionment. The objection shall be made by notice served on the Commissioner, and may be in the form in the Fifth Schedule hereto. (2) Proof of the posting of the notice of objection as a registered letter addressed to the Commissioner shall be sufficient evidence of the service thereof. 59. (1) Every objection shall be considered by the Assessment Board at a time fixed by notice posted to the objector, not being less than seven days after the posting of such notice, and at a place fixed by such notice: Provided that the consideration of any objection may be adjourned from time to time and from place to place as such Board deems convenient. (2) The objector may attend any meeting of the Assessment Board held to consider his objection, and may produce such evidence as such Board deems relevant. (3) The Assessment Board may make any inquiries they deem necessary, and inform themselves in such manner as they deem fit for the purpose of determining the objection, and shall not be bound to observe any rules of evidence or procedure. (4) The Assessment Board shall consider the objection and determine the same as they find to be fair and equitable, and may confirm or increase or decrease the amount of the cost apportioned to the objector, and may, if the amount is confirmed or increased, order the objector to pay the costs occasioned by the objection. 5) The determination of the Assessment Board shall be final, and not subject to any appeal or to be questioned in any way. 60. If upon the consideration of any objection to the preliminary apportionment the amount apportioned to any landholder is altered, the Assessment Board shall adjust the amounts apportioned to other landholders as may be found necessary. 61. The Assessment Board shall forthwith, after the time for Act 737, 1900, sec. 12. objecting has expired, if no objection is pending, or if any objection is pending, then forthwith after the determination of all objections, make their final apportionment of the cost of the construction of the drain, and fix the yearly instalments to be paid by each landholder to the Commissioner and the date upon which the first instalment is to be paid. 62. (1) The The South-Eastern Drainage Act Amendment Act.-1908. PART IV. 62. (1) The Assessment Board shall publish in the Gazette a notice setting forth the final apportionment, the yearly instalments, Notice of and the date upon which the first instalments are to be paid. (2) Such notice may be in the form in the Sixth Schedule hereto, and shall be conclusive evidence of all matters set forth therein, and of the validity thereof. apportionment. Cf. ibid., s. 13. of construction. 63. (1) The amount of the proportion of the cost of construction Repayment of cost apportioned to any landholder shall be a debt due from such landholder to the Commissioner, and shall be a first charge upon the Cf. ibid., s. 14. land of such landholder which is benefited by the drain, and shall be paid by such landholder to the Commissioner, with interest thereon at the rate of Four Pounds per centum per annum, in forty-two equal yearly instalments, according to the scale set forth in the Seventh Schedule hereto. (2) The first of such instalments shall become due on the first day after the expiration of five years from the date of the completion of the drain, and one of such instalments shall fall due on the same day in each year thereafter until the whole debt has been paid: Provided that any landholder may at any time pay the balance of the amount charged on his land, with any interest then due, whereupon his liability and the charge upon his land shall cease. (3) In computing the amount of the yearly instalments the interest for the first five years shall be added to the amount of the proportion of the cost of construction, but no interest shall be charged upon the interest for such five years. (4) The charge upon the land may be enforced by the Commis- 380 of 1886. sioner as if he were a mortgagee under "The Real Property Act, 1886." landholder. 64. (1) Where any land charged as in the next preceding section Lessees to pay mentioned is subject to a lease to any person other than the land-Proportion of cost holder of such land, the lessee under such lease shall pay to the Cf. ibid., s. 15. landholder during the currency of such lease such proportion of each annual instalment payable by the landholder as may be agreed between them. (2) In default of agreement, the amount of the proportion to be paid by the lessee shall be settled by the Assessment Board on the application of either the landholder or the lessee. (3) Such application shall be made by notice served on or sent by registered post to the other party and the Assessment Board. (4) The application shall be heard by the Assessment Board at a time fixed by notice posted to both parties, not being less than seven days after the posting, and at a place fixed by such notice: Provided that the hearing may be adjourned from time to time and from place to place as such Board deems convenient. (5) The PART IV. Recovery by distress PART V. Act No. 629 of 1895 to remain in force. In proceedings feesimple deemed to be vested in Drainage Board or District Councils. 17. The South-Eastern Drainage Act Amendment Act.-1908. (5) The Assessment Board may inform themselves in such manner as they deem fit for determining the proportion to be paid by the lessee, and shall not be bound to observe any rules of evidence or procedure. (6) The Assessment Board shall determine the matter as they deem fair and equitable, and may order either party to pay the costs of the application, not exceeding Five Pounds. (7) The determination of the Assessment Board shall be final, and not subject to any appeal or to be questioned in any way. 65. In addition and without prejudice to any other remedy, the Commissioner may recover any instalment due to him from any landholder, which remains unpaid for three months after the same has become due, by distress and sale of any goods and chattels on any land upon which the debt due from the landholder to the Commissioner is charged, or such instalment may be recovered in any Court of competent jurisdiction by action in the name of the Commissioner from the landholder of such land for the time being, and no statute of limitations shall affect any such action. PART V. GENERAL PROVISIONS AND LEGAL PROCEDURE. 66. Nothing in this Act shall be held to limit the operation of section 2 of "The South-Eastern Drainage Act Amendment Act, 1895," and that Act shall, except so far as inconsistent with or repugnant to this Act, remain in full force and effect. 67. Except in any proceedings taken or defended on behalf of the Crown against the Drainage Board or a District Council, and notwithstanding the provisions of sections 13 and 14 of the principal Act, the Drainage Board or a District Council respectively shall in Cf., Act 104, 1878, s. all proceedings in all Courts of Justice, and before all tribunals and persons, and for all purposes whatever, be deemed to have vested in it the fee-simple of the main and district drains and drainage works under its care, control, and management; and in any legal or other proceedings, except as aforesaid, taken or defended by such Board or Council in respect thereof no proof whatever shall be required of such fact, and the mere allegation by such Board or Council of the vesting of the same shall be taken for all purposes to be full and sufficient proof thereof. Penalty for obstruction or nuisance. Cf. ibid., s. 36. 68. Any person causing or permitting any obstruction in, or otherwise injuriously affecting, any main or district drain or drainage work, or any drain or wall, heretofore or hereafter constructed or commenced by the Commissioner, any Drainage Board, any District Council or Councils, or the Drainage Board, or causing any filthy or unwholesome water, or washings of manufactories or mines, or other foul or poisonous liquid, to flow into any such drain or drainage work, without the consent of the Commissioner or the authority The South-Eastern Drainage Act Amendment Act.-1908. authority having the care, control, and management of such drain or drainage work first obtained, shall, for every such offence, incur a penalty not exceeding Five Pounds, and a further penalty of Two Pounds for every day during which the offence is continued. PART V. offences. 69. All proceedings in respect of offences against this Act or Proceedings for any Act incorporated herewith shall be by information, and shall be heard and determined in a summary way before any Special Magistrate or any two or more Justices, under the Ordinance No. 6 of 1850 and the Act No. 298 of 1883-4, or any Act for the time. being in force relating to the duties of Justices as to summary proceedings. 70. There shall be an appeal from any decision or order of a Appeal. Special Magistrate or Justices in any proceedings in respect of offences against this Act to the Local Court of Adelaide of Full Jurisdiction, or to the nearest Local Court of Full Jurisdiction. Such appeal shall be regulated by the said Ordinance No. 6 of 1850 and the said Act No. 298 of 1883-4, or any Act for the time being in force relating to appeals to Local Courts. The Court on such appeal may make any order as to costs which it thinks fit, although such costs exceed Ten Pounds. 71. (1) The Local Court may state a special case for the opinion Special case. of the Supreme Court. (2) The Supreme Court shall deal with such special case according to the practice of the Supreme Court on special cases, and may make such order therein, including any order as to costs of the proceedings in that Court and the Courts below, as to the said Supreme Court appears just. 72. The forms in the Schedules hereto shall as far as practicable Forms and notices. be adhered to, but may be altered or varied as the case may require. No notice shall be deemed bad or insufficient if in substance it com. plies with the requirements of this Act. In the name and on behalf of His Majesty, I hereby assent to this Bill. GEORGE R. LE HUNTE, Governor. THE |