Page images
PDF
EPUB

The South-Eastern Drainage Act Amendment Act.—1908.

PART 1.

Divisions of Act.

3. This Act is divided into Parts and Divisions as follows:

Part 1.—Preliminary.
PART 11.—The South-Eastern Drainage Assessment Board.
Part 111.— The South-Eastern Drainage Management Board -

Division 1.--Constitution of Board :
Division II.-Functions of Board.

PART IV.- Construction of Drain on Petition of Landholders.

PART 6.-General Provisions and Legal Procedure.

Repeal.

4. (1) “ The South-Eastern Drainage Amendment Act, 1900," is hereby repealed.

(2) Such repeal shall not affect any right granted or accrued, liability incurred, duty imposed, or thing done or omitted to be done under the said Act, or any legal or other proceedings commenced or hereafter to be commenced with respect to any such matter or thing.

(3) All such matters and things are, so far as consistent with this Act, preserved and continued and declared to be of the same force and effect as if the said Act were still in force, or as if they were made or done under this Act, as the case may require.

(4) Any drain commenced under the provisions of the said Act may be completed as if this Act had not been passed, but upon the completion thereof the provisions of this Act shall have effect as if the said drain had been constructed under the provisions of this Act.

Interpretation.

5. In this Act-
“ Commissioner ” means the Commissioner of Public Works

for the time being or the Minister of the Crown for the

time being discharging the duties of such Commissioner: Deputy Surveyor-General” means the person for the time

being holding the office of Deputy Surveyor-General: “ Engineer-in-Chief means the person for the time being

holding 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 fo the sale of such land upon credit, the lessee of land held under lease from the Crown; and as to unleased Crown lands, the Commissioner of Crown Lands:

“ Land

The South-Eastern Drainage Act Amendment Act.—1908.

Part 1.

“ Land Board” means the Land Board under Part IV. of “The

Crown Lands Act, 1903":

830 of 1903.

“ Superintending Surveyor ” means the person for the time

being holding the office of Superintending Surveyor:
Surveyor-General ” means the person for the time being

holding the office of Surveyor-General:
“The District Councils Act” means “ The District Councils Act, 119 of 1887.

1887," and all Acts amending or substituted for that Act:
“ The South-East” means and includes that portion of the

State comprised within the districts of the District
Councils of Lacepede, Naracoorte, Lucindale, Robe,
Beachport, Kennion, Penola, Benara, Mount Gambier
West, Mount Gambier East, and Port MacDonnell, and
that portion of the County of Cardwell defined in the
First Schedule hereto.

[blocks in formation]

8. 8.

THE SOUTH-EASTERN DRAINAGE ASSESSMENT

BOARD. 6. (1) A Board, called “ The South-Eastern Drainage Assess- South-Eastern ment Board,” and in this Act referred to as " the Assessment Board.

Drainage Assessment Board,” is hereby constituted.

Cf. Act 737, 1900, (2) The members of the Assessment Board shall be

(a) The Deputy Surveyor General ;
(6) The Superintending Surveyor;
(c) A member of the Land Board, to be from time to time

appointed by the Governor; and
(d) Two representative members, who shall be residents of the

South-East, to be appointed as hereinafter mentioned. (3) The members of the Assessment Board shall be paid such fees and allowances for expenses as are from time to time fixed by the Commissioner.

members of Assess

7. For the purpose of electing representative members of the Wards for electing Assessment Board the South-East is hereby divided into two ment Board. wards as follows: 1. Ward No. 1~Comprising the districts of the District

Councils of Lacepede, Naracoorte, and Lucindale, and
the portion of the County of Cardwell defined in the
First Schedule to this Act; and

II. Ward

The South-Eastern Drainage Act Amendment Act.—1908.

PART 11.

II. Ward No. 2—Comprising the districts of the District

Councils of Robe, Beachport, Kennion, Penola, Benara,
Mount Gambier West, Mount Gambier East, and Port
MacDonnell.

Appointment of 8. (1) As soon as practicable after this Act comes into operation, representative members of Board, and as to each ward, the Commissioner shall, by notice published in Cf. Municipal

the Gazette, direct the nomination by each of the District Councils of Tramways Act, 1906, the districts comprised in such ward of one member to represent

such ward upon the Assessment Board.

6. 12.

(2) Thereupon each District Council in a ward may nominate a person who has signified in writing to the district clerk of such Council his willingness to act as a member of the Assessment Board. The nomination of every District Council shall be made by resolution of the majority of members thereof present at a meeting of the Council, and shall state the name and address of the person nominated.

A certificate of such resolution certified in writing under the seal of the Council shall be sent to the Commissioner, and the nomination shall not be deemed valid unless such certificate is received by the Commissioner within twenty-eight days from the publication of the notice mentioned in subsection (1) hereof.

(3) The Commissioner shall, as to each ward, publish in the Gazette a notice, which shall state the names and addresses of the persons nominated by the District Councils in such ward, and shall, in the event of there being more than one person so nominated, by such notice appoint a date upon which a poll shall be taken for the election of a member to represent the ward upon the Assessment Board, and a person to act as Returning Officer for the ward for the

purpose of such election.

(4) Upon the date so appointed, each District Council in the ward shall cause a poll to be taken within its district for the election of a member to represent the ward upon the Assessment Board. For the purpose of such election the portion of the County of Cardwell defined in the First Schedule to this Act shall be deemed to be within the district of the District Council of Lacepede.

(5) The following provisions shall apply to the taking of such poll within any district :(a) The District Council shall appoint a Returning Officer, not

being one of the persons nominated as aforesaid, for the

purpose of the poll: (6) The persons to be submitted as candidates to the voters at

the poll shall be all the persons nominated as aforesaid by the District Councils of the districts comprised in the ward ; and their names and addresses shall appear on the ballot papers:

(c) The The South-Eastern Drainage Act Amendment Act.—1908.

PART 11.

c) The persons entitled to vote at the poll shall be all the land

holders of land comprised within the district, and each
such landholder shall have one vote. In case of joint
tenancy or tenancy in common the provisions of the

District Councils Act in that behalf shall apply:
(d) The Returning Officer shall, before the day appointed for the

poll, cause to be furnished for use at each polling place a
list of the landholders entitled to vote at such polling-
place, showing the land in respect of which cach land-
holder is qualified to vote; and the Returning Officer

shall, under his hand, certify such list to be correct:
(e) Subject to the provisions of this Act, the poll shall be taken

at the same places and in the same manner as polls for
the election of district councillors under the District
Councils Act are taken ; and, subject as aforesaid, all the
provisions of the District Councils Act as to polls at such
elections and as to the rights, powers, and duties of
Returning Officers, candidates, and other persons relating
thereto or connected therewith shall, mutatis mutandis,
apply to the poll and all matters relating thereto or con-

nected therewith :
(f) At the close of the poll the Returning Officer shall examine

the votes, and openly declare the general state of the votes
as the same are made up by him from the voting papers
taken at the several voting places; and shall declare the

result of the poll.
(6) After the declaration of the result of the poll in any district,
the Returning Officer appointed for such poll shall certify in writing
under his hand the number of votes given for each candidate, and
forward such certificate to the Returning Officer for the ward.

(7) The Returning Officer for the ward shall, from the certificates forwarded to him by the Returning Officers for the districts in his ward, ascertain the total number of votes polled for each candidate, and, in the event of an equality of votes, shall give a casting vote for deciding the election; but, except for that purpose, he shall not vote at the election.

(8) As soon as the result of the polling at the election in a ward has been finally ascertained the Returning Officer for the ward shall certify in writing under his hand the name of the person elected to represent such ward upon the Assessment Board, and shall forward such certificate to the Commissioner; and the Commissioner shall, by notice in the Gazette, declare such person to be appointed a member of the Assessment Board.

(9) In case the nomination of only one person to represent a ward is received by the Commissioner, as mentioned in subsection (2) of this section, such person shall be deemed to be duly elected to represent such ward; and the Commissioner shall, by notice in the Gazette, declare such person to be appointed a member of the Assessment Board.

(10) The

The South-Eastern Drainage Act Amendment Act.—1908.

PART 11.

II. Ward No. 2–Comprising the districts of the District

Councils of Robe, Beachport, Kennion, Penola, Benara,
Mount Gambier West, Mount Gambier East, and Port
MacDonnell.

Appointment of

8. (1) As soon as practicable after this Act comes into operation, representative members of Board, and as to each ward, the Commissioner shall, by notice published in Cf. Municipal

the Gazette, direct the nomination by each of the District Councils of T'ramways Act, 1906, the districts comprised in such ward of one member to represent

such ward upon the Assessment Board.

6. 12,

(2) Thereupon each District Council in a ward may nominate a person who has signified in writing to the district clerk of such Council his willingness to act as a member of the Assessment Board. The nomination of every District Council shall be made by resolution of the majority of members thereof present at a meeting of the Council, and shall state the name and address of the person nominated. A certificate of such resolution certified in writing under the seal of the Council shall be sent to the Commissioner, and the nomination shall not be deemed valid unless such certificate is received by the Commissioner within twenty-eight days from the publication of the notice mentioned in subsection (1) hereof.

(3) The Commissioner shall, as to each ward, publish in the Gazette a notice, which shall state the names and addresses of the persons nominated by the District Councils in such ward, and shall, in the event of there being more than one person so nominated, by such notice appoint a date upon which a poll shall be taken for the election of a member to represent the ward upon the Assessment Board, and a person to act as Returning Officer for the ward for the purpose of such election.

(4) Upon the date so appointed, each District Council in the ward shall cause a poll to be taken within its district for the election of a member to represent the ward upon the Assessment Board. For the purpose of such election the portion of the County of Cardwell defined in the First Schedule to this Act shall be deemed to be within the district of the District Council of Lacepede.

(5) The following provisions shall apply to the taking of such poll within any district:(a) The District Council shall appoint a Returning Officer, not

being one of the persons nominated as aforesaid, for the

purpose of the poll: (6) The persons to be submitted as candidates to the voters at

the poll shall be all the persons nominated as aforesaid by the District Councils of the districts comprised in the ward ; and their names and addresses shall appear on the ballot papers :

(c) The

« EelmineJätka »