Page images

6. Unless and until otherwise provided by any by-law of the Insti- Votes. tution every person who has contributed not less than One pound to the said Fund shall be deemed to be a member of the Institution for the period ending the first day of January One thousand nine hundred and seven and capable of voting at any general meeting of the Institution ; and every annual subscriber of not less than One pound in any year shall be deemed to be a member for the current year and be entitled to vote at any general meeting of the Institution ; and every contributor of Twenty pounds and upwards in one sum at any one time shall be a life member with the privilege of voting at all elections.

Act No. 1099.

7. Notice of all meetings of the contributors to the Institution How meetings of shall be advertised in some newspaper published in the City of Mel- contributors called. bourne at least one week previous to such meeting and every question submitted to any such meeting shall be decided by a majority of the votes of contributors then present. The chairman at any meeting shall have a vote only in the event of there being an equality of votes.

8. Subject to the provisions of this Act sections ten, eleven, Application of twelve, fourteen, fifteen, sixteen, seventeen, eighteen, twenty-two, twenty-three, twenty-four, and twenty-five of the Hospitals and Charities Act 1890 are hereby made applicable and shall be applied to the Institution.

9. (1) No by-law shall have any force or effect or be published By-laws. in the Government Gazette until the same has been approved by the Governor in Council.

(2) All by-laws shall be laid before both Houses of Parliament within fourteen days after the same shall have been made if Parliament be then sitting and if not then within ten days after the next meeting of Parliament.

10. (1) The Governor in Council may appoint not less than two Visiting Justices. Justices who may at any time visit the Institution and report to the Chief Secretary as to any or every patient therein.

(2) Any such Justice may make a minute in a book in the Institution as to the condition of the Institution and the patients therein, and sball specify any irregularity in regard to any patient therein.

(3) He may also make any suggestions in such book which he may deem proper, and shall inquire whether any suggestions previously made in such book have been attended to.

By Authority: Robt. S. Brain, Government Printer.


1, Short title, commencement, and division,

16. The Minister to refer application to the Com..

missioner of Titles. PART I.-PRELIMINARY.

17. Procedure by the Commissioner of Titles. 2. Repeal.

18. Owners or occupiers of other lands affected may First Schedule.

lodge objections to the application. Saving of certain matters.

19. Commissioner to report to the Minister. Operation of Instruments Act 1890, Part VI.

20. The application to be submitted by the Minister Waterworks trusts, and local governing bodies.

to the Governor in Council. Second Schedule.

21. Privileges and duty of special licensee. Creditors thereof.

22. Special licence determinable in certain events Members and officers thereof.

with or without compensation to licensee. Rates and charges due to waterworks trusts and 23. Governor in Council may make regulations.

local governing bodies. Due to irrigation and water supply trusts, or to DIVISION 2.-CONTROL OF WATER-COURSES, LAKES, the Board.

ETC., AFFECTED BY STATE WORKS. Books and documents made evidence.

24. Conditions for the exercise of certain rights to 3. Interpretation.

take and use water.

Regulations by the Governor in Council there. PART. II.-RIGHTS IN NATURAL WATERS.


PART III.--AUTHORITIES EMPOWERED TO 4. Natural waters vest in the Crown.

CONSTRUCT AND ADMINISTER WATER5. The alveus of water-courses and lakes not alienated.

WORKS. 6. Diversions from water-courses, &c., prohibited, DIVISION 1.-THE BOARD OF LAND AND Works.

except under legal sanction. 7. Owner of land adjacent to water-course to have 25. Construction of State waterworks by Board of

access to bed or bank, &c., for grazing, and Land and Works.
to have remedy for trespass.

Transfer threeof, when completed, to Commis8. Presumption of grant by length of use annulled. 9. Water-course or race on alienated land not to be 26. Completion by Board of national works in course obstructed.

of construction. Obstruction an offence.

27. Transfer thereof, when completed, to Commis10. Pollution of water in water-courses and lakes

sion. made an offence. But rights under the Mines Act not interfered DIVISION 2.—THE STATE RIVERS AND WATER SUPPLY with.

COMMISSION. 11. Right of entry to the Crown to prevent inter

Subdivision 1.--Irrigation and Water Supply ference with water-course.

Obstructing officer an offence.
Compensation for injury.

28. Appointment of the State Rivers and Water 12. Owner of land adjacent to any water-course may Supply Commissioners,

have permission to protect land from damage To be a body corporate by the name of State by erosion or flooding.

Rivers and Water Supply Commission. 13. Commission entitled to institute proceedings. 29. Commissioners not to engage in other employ. i4. Ordinary riparian right defined.

ment without the sanction of the Governor in 15. Certain riparian owners may apply for special

Council. licences to divert and use water.

Salaries of commissioners.


30. Term of office and eligibility for re-appointment. 54. Irrigation and water supply districts to come 31. Removal of commissioner.

under jurisdiction of Commission,

Fourth Schedule. 32. Appointment of acting commissioner.

55. Effect of inclusion of waterworks district or part 33. Service as commissioner not to count in com

thereof in irrigation and water supply disputation of pension, &c. 34. Quorum.

tricta Validity of proceedings and acts.

56. Register of lands to ba prepared and revised at

intervals not exceeding fifteen years. 35. Who is to preside at meetings. 36. State'works vested in the Commission.

Fourth Schedule. Third Schedule.

57. Water apportionment may be amended at time 37. Transfer to Commission of property, powers, and

of revision of register. duties.

58. Register to be open for public inspection. Fourth Schedule.

59. Appeals against description or classification in 38. Powers and duties.


Notice of appeal. 39. Extensions of works, &c., to be carried out by

To be heard by Court of Petty Sessions. the Commission.

Costs of appeal. 40. Contracts for works.

60. All lands to be supplied for domestic use and 41. Mode of entering into contracts.

for cattle. 42. Sanction of Governor in Council for certain

61. Apportionment of surplus water for irrigation. contracts.

62. General water rate to be charged on all lands, but 43. Officers and employés.

less on lands distant from works. Appointment.

By-law for making and levying rate.
Officers in the Public Service may be employed 63. Rates by Commission in urban divisions.
by the Commission.

Fifth Schedule. 44. Oficers and others employed solely by the 65. Irrigation charge to be levied by Commission Commission not to be under Public Service

in respect of all lands to which water rights Commissioner.

are apportioned. Pension rights reserved.

66. To be made by by-law. 45. Powers of appointment, promotion, and of 67. Power given to Commission to sell water by increase of salary and wages limited.

agreement. 46. Officers and others may be employed partly by

the Board and partly by the Commission. 47. Funds for current expenses of Commission to be Subdivision 2.-Water Supply of Geelong and of the

Coliban District. voted by Parliament. 48. Moneys collected by Commission to be paid to 68. The area supplied by Geelong works and the public account.

district supplied from the Coliban works to be 49. Report statement and estimates to be made by urban districts. Commission.

Third Schedule. 50. Districts of irrigation and water supply trusts to 69. Supply by Commission to Geelong and suburbs become districts under this Act.

and to the Coliban district. Fourth Schedule.

70. Rates and charges therefor. Commission to be debited with cost of works, 71. Municipalities to make good deficiency of interest &c.

on cost of works constructed at their request. Districts to receive supply of water.

72. Certain irrigation trusts abolished. 51. New irrigation and water supply districts.

Sixth Schedule.
Minister's declaration.
To give particulars.
To be published.

DIVISION 3.- WATERWORKS TRUSTS. 52. Orders constituting new districts to state par

Subdivision 1.-Preliminary. ticulars. And supply of water.

73. Application for construction of waterworks for 53. Governor in Council may by Order alter boun- municipal district or subdivision. daries of districts.

Application by councillors of riding where Fourth Schedule.

council fails to apply.

74. General plan and description to be prepared. To be forwarded to Minister for submission to

Governor in Council. Details required. 75. Entry upon lands and payment of expenses

of preparing plans, &c. 76. Notification of proposed waterworks to munici

palities affected. 77. Copies of notices to be forwarded to Minister. 78. Petitions respecting proposed waterworks. 79. Verification of signatures to petitions. 80. Inspection of plan 81. Application and plans to be submitted to Covernor

in Council. 82. Approval or otherwise by Order in Council. Subdivision 2.-Constitution of Waterworks Trusts. 83. Constitution of waterworks trust. 84. Waterworks trust to be a corporation. 85. New common seal.

Subdivision 3.-Orders in Council. 86. Orders in Council.

Principal works.
Waterworks district.
Number and election or appointment of com-

Corporate name.

Other provisions. 87. Additional Order in Council. 88. Orders in Council to be gazetted. 89. Governor in Council may make Order adjusting

liabilities of waterworks trust and seats of

commissioners, &c., when district is altered. 90. Cost of works for benefit of two or more districts

may be divided between same. Subdivision 4.--Election, Appointment, and Qualifica

tion of Commissioners &c. 91. Election and appointment of commissioners of

waterworks trusts. 92. Municipal council may be a waterworks trust. 93. Appointment of councillors for riding as com

94. Election of commissionere.
95. Election of commissioners by ratepayers.

Election of new commissioners.
Appointment of one commissioner.

Continuity of trust. 96. Franchise in election of commissioners. Municipal officer to supply trust with certified

copy of ratepayers' roll. Commissioners to cause voters' list to be made

out from certified copy of ratepayers' roll, &c. 97. Term of office of commis ioners. 98. First election and appointment of commissioners.

99. Qualification of candidates for election. 100. Disqualification of commissioner by insolvency

or crime.
101. Disqualification of commissioner.

Office or place of profit.
Interest in contract or work.
Absence from four consecutive meetings.
Shareho der in company.

Interest in newspaper. 102. No commissioner to take part in any matter in

which he is interested. Penalty. 103. Penalty on disqualified person acting as com

missioner of waterworks trust. 104. Disqualification of commissioner of waterworks

trust continued in certain cases. 105. Removal of commissioners by the Governor in

Council. 106. Filling up of vacancies. 107. Appointment of commissioners on failure of

councils or ratepayers to elect. 108. Term of office of commissioners appointed to

fil] vacancy or in default of election. Subdivision 5.--Proceedings of Commissioners. 109. Meetings of commissioners. 110. Chairman. 111. Special meetings. 112. Powers to be exercised by quorum of commis

sioners. 113. What constitutes a quorum. 114. Adjournment of meetings. 115. Majority to decide. 116. Acts not invalidated by reason of vacancies,

Or by reason of want of qualification of persons

acting 117. Travelling expenses of commissioners of water

works trust.

Subdivision 6.-Union of Waterworks Districts. 118. Union of waterworks districts by Order in

Council. 119. Effect of union on waterworks trust.

Actions, &c., not to abate. 120. Effect of union on by-laws and regulations. 121. New commissioners for united district.

Commissioners of united districts to go out of

New common seal.

Subdivision 7.--Officers of Wa'erworks Trusts. 122. Commissioners to appoint officers. 123. Officers not to engage in other duties. 124. Commissioners to take security from officers

intrusted with money.

« EelmineJätka »