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125. Oficers of waterworks trust or its contractors

not to be municipal councillors within water

works districts. 126. Removal of officer or employé by Governo, in


Subdivision 8.-Rates by Waterworks Trust . 127. Power to waterworks trust to make rates. 128. Nature and limits of rate.

Rate not to be levied by waterworks trusts

before water supply or drainage. Minimum amount to be paid for rates may

be fixed.

Rates when payable. 129. Waterworks districts may be divided and pro196. Such meters and apparatus not distrainable. 197. Meter to be supplied and kept in order by con

portionate rates and charges of each division

fixed. 130. Rates may be made by by-law. 131. aluation. 132. Application of the general provision as to rates.

Subdivision 10.-Abolitions, Excisions, Reconstitu

tions, and Special Powers for Constitution of Water

works Trusts.
150. Abolition of waterworks trusts.
151. Certain waterworks trusts abolished.

Seventh Schedule.
152. Area excised from district of Kerang Shire Water.

works Trust. Eighth Schedule. 153. Abolition of certain irrigation and water supply

districts and their re-creation as waterworks


Ninth Schedule. 154. Governor in Council may direct any water

works district to be placed under the Com

mission. 155. Waterworks districts under the jurisdiction and

control of the Commission. Tenth Schedule.

Subdivision 1.--Accounts and Audit.


Subdivision 1.--General. 156. Constitution of local governing body by Order

in Council. 157. Provisions as to urban districts apply to districts

thereof. 158. Power of local governing body to make and levy

rates, 159. Audit of accounts of local governing bodies.

Special audit.

133. Form of accounts.
134. Books to be entered up regularly and penalty

for neglect.
135. Audit and inspection.
136. Power to auditors, &c., to require statement of

receipts and bank account. 137. Persons employed to collect moneys to pay same

to bank in the form they receive them. Mode of payment into bank. Persons employed to collect moneys to make


Failure to do so an offence. 138. Annual statement. 139. Annual balance and audit. 140. Annual statement to be open to inspection. 141. Special meeting for settling the accounts. 142. Persons who may be present at the meeting.

Disallowance of items.

Recovery of disallowed items. 143. Annual abstract of accounts. 144. Special audit.

Powers of special auditor.

Arrangements for special audit. 145. Accounts to be balanced for special audit. 146. Special auditor to report to Minister.

Allowance or disallowance of certificate to be

gazetted. 147. Order gazetted to be conclusive evidence. 143. Special auditor shall hear explanations. 149, Cost of special audit how borne.

Subdivision 2.- Ballarat Ilater Commissioners. 160. Appointment of commissioners who are to be a


Eleventh Schedule.
161. Who shall elect and appoint commissioners.
162. Return to be evidence of election of commis-

162. Payment of commissioners.
161. Term of oflice of commissioneri.
165. Disqualification of commissioner.

Office or place of profit.
Interest in contract or work.

Absence from four consecutive meetings.
166. Disqualification of commissioner by insolvency

or crime. 167. Voting upon or taking part in discussion of

matter in which commissioner is interested.

Penalty. 168. Disqualified person acting as commissioner.

Penalty 169. Vacancies. 170. Acts not invalidated by reason of vacancies. 171. Meetings of commissioners.


172. Quorum of commissioners.

Chairman. 173. Commissioners to appoint officers.

Commissioners to take security from officers

intrusted with money. 174. Commissioners to enforce by-laws already made

and recover rates and charges thereunder.

DIVISION 1.-GENERAL 175. Supply of water by measure. 176. Charge for water supplied outside district. 177. Owners and occupiers of land to provide dams

and tanks after notice.

Supply of water in such cases. 178. Supply of water from State works to Authorities

other than the Board or the Commission. 179. Proportionate supply from State works where

available supply is insufficient. 180. Charge for domestic and ordinary supply.

Supply by measure for other purposes. 181. Proportionate supply by Authority where avail

able supply is insufficient. 182. Governor in Council may give directions, 183. Supply of water not compulsory.

Authority not liable for accidental failure of


Penalty for neglect to provide meter, 198. Repairs to meter.


Registration of water consumed. 199. Notice of removal of or change in meter. 200. If meter be not kept in order water may be cut

off. 201. Penalty for fixing uncertified meter. 202. Penalty for removing or altering meter without

notice. 203. Officers of the Authority may inspect meters.

Entry by officers.
Penalty for obstruction of inspection or for

removal of meter.
Time at which power of entry may be exer-

cised. 204. Authority to affix public fire plugs in mains. 205. Authority to repair fire plugs.

Notice of fire plug to be put up. 206. Local council to defray expense of fire plugs. 207. Fire plugs to be placed near factories at request

of owners. 208. Pipes to be kept charged and water may be

taken for extinguishing fires. 209. Supply of water for public purposes. 210. Power to break up streets and to open drains. 211. Notice to be served before breaking up streets

or opening drains. 212. Streets broken up to be reinstated without



DISTRICTS. 181. Notice to lay service pipes.

Twelfth Schedule. 185. The owner or occupier of any tenement may

DIVISION 3.— PUMPING LEASES, LICENCES, ETC. 213. Lease for pump sites. 214. Application to be published. 215. Lease may be granted subject to conditions. 216. Licences for water easements. 217. Licences to divert water and cut races.

Compensation to be made for injury.

How settled. 218. Power of Governor in Council to make regula



WORKS OR UNDERTAKINGS. 219. Lands Compensation Act 1890 incorporated


Land to include easements. 220. Disputes as to compensation settled by arbi222. Where over £300 Supreme Court Judge to be

lay service pipes.
And may open and break up a street or drain.
Conditions for so doing.
Opening of ground with consent of owner and

occupier thereof.
186. Notice to Authority of laying pipes.
187. Size and quality of pipes.
188. Communication with pipes of Authority to be

made under superintendence of officer.
189. Authority may with sanction of Governor in

Council lay and keep in repair connexions
from mains to services, and may charge

owners therefor.
190. Service pipes may be removed after giving

notice. Compensation for damage done.

Penalty for removing pipes without notice. 191. Charges for water by measure. 192. Special agreements. 193. Authority may supply by measure. 194. What purposes not domestic. 195. Authority may let meters and other apparatus.

tration. 221. Where under £300 County Court Judge to le

sole arbitrator.

sole arbitrator with or without assessors. 223. Submission to arbitration. 224. Death or incapacity of arbitrator. 22). Arbitrator may call for documents and examine

witnesses. 226. Award to be delivered. 227. Award may be enforced as a rule of court. 228. Award to be final. 229. Travelling expenses of arbitrator. 23). Settlement of costs. 231. Principles in awarding compensation. 232. Award to be taken as in full. 233. Certain sections of Land Compensation Act 1890

not applicable.

250. No pipe to be fixed to consumer's pipe without

permission of Authority.

Penalty for breach of this section. 251. Inspection of premises to see whether there be

waste or misuse of water. DIVISION 4.-POLLUTION OF WATER FOR SUPPLY OF

URBAN DISTRICTS. 252. Notification of waters required to be kept free. 253. Bathing or washing, or throwing dirt or filth

into waterworks. 251. Penalty for letting foul water flow thereinto. 255. Fouling water or injuring works by substances

produced in making gas. 256. Gas makers causing water to be fouled.

Power to examine gas pipes to ascertain cause

of water being fouled.

Notice of such examination to be given. 257. The expenses of examination to abide the result.

Division 5.-RATES IN URBAN DISTRICTS. 258. Rates in urban districts.

Liability to pay rates and charges.

Twelfth Schedule. 259. In streets having mains standpipes may be

DIVISION 2.-COMPENSATION FOR INJURY BY WORKS. 231. No action against Authority.

For injury to riparian rights.

Or for flooding. 235. Authority to make compensation for injury to

riparian rights and by flooding. 2:36. Claim within one year and no delay. 237. Disputes as to compensation how settled. 233. Principles in awarding compensation.

None where injury to water supply temporary

erected and rates levied.
260. Where several houses supplied by one pipe.
261. Nature and limits of rate.
262. Rates may be made by by-law.
263. Valuation.
264. Rates to be paid half-yearly in advance.
265. Application of the general provisions as to rates.

None for taking water by legal powers.
Benefit to claimant by works under this Act.
Measure of damages.

Continuing injury.
239. Stay of proceedings where work not completed.
210. One sum may be awarded for interests affected.


DIVISION 1.–GENERAL. 211. Urban districts.

Thirteenth Schedule 21. Urban divisions.

Fourth Schedule.
Provisions as to urban districts apply to urban

213. Application of provisions to urban districts and

urban divisions.


AND TO LOCAL GOVERNING BODIES, 266. Loans heretofore granted. 267. Loans by Governor in Council. 268. Additional loans. 269. Approval of accounts. 270. Depreciation fund where machinery, &c., is used. 271. Authority empowered to obtain overdraft. 272. Interest or maintenance not to be paid out of


Penalty. 273. Power to borrow temporarily or overdraw

subject to the approval of the Governor in

Council. 274. Payments to be made by Authorities on

account of loans. Application by Treasurer of half-yearly pay

ments. 275. Power of Minister to recommend suspension of

redemption fund payments and interest. Order in Council for suspension.

Copy of Order to be submitted to Parliament. 276. Power to postpone first half-yearly payment.

DIVISION 2.-BY-LAWS IN URBAN DISTRICTS. 21!. By-laws for urban districts. 2! 5. l'enalties. 21. Power of Governor in Council to make regulation

on failure of Authority to make by-law. Division 3.-OFFENCES IN URBAN DISTRICTS. 217. Water may be cut off from offending consumer. 2f'. Penalty for waste of water. 21). Penalty for misapplication of water.

277. Power of Commission where default is made by 299. Power to Authorities to sell, let, or exchange Authority.

lands. Receiver may be appointed by Commission. 300. Exchange of land reserved for waterworks. Power to remove receiver.

301. Water the property of Authority. Extent of property to be taken.

302. Instruments Act 1890 not to apply to transfer, 278. Transfer to Commission of property taken posses

&c. sion of before the commencement of this Act. 303. Land of Authorities exempt from municipal Fourteenth Schedule.

rates. 279. Possession of property taken may be relinquished.

DIVISION 2.-BY-LAWS. 280. Power to retake possession after relinquishment. 281. Transfer to Commission of powers and duties

301. By-laws to be subject to power of Governor in on taking possession of property of cer'ain

Council to make regulations.

By-laws to be approved by Governor in Council


To be valid in law. DIVISION 1.-POWERS AND PROPERTY OF 305. Power to make by-laws includes power


amend or revoke. 282. General powers of Authorities.

306. Purposes for which an Authority may make

by-laws. Compensation to be made. 233. Right to procure materials for works.

Penalty. 281. Place from which materials take shall be

DIVISION 3.-RATES AND CHARGES. fenced, &c. 285. Damage to be avoided and compensation to be

Subdivision 1.-Estimate. made. Recovery of compensation.

307. Estimate to be prepared before rate is struck.

To be submitted to Minister. 286. Land and easements when acquired from Crown lessees or licensees to vest in Authority.

Power of Minister to refer back estimate. 287. Authority may in consideration of any lands,

Procedure when Authority fails to amend

estimate. &c., purchased agree to supply water. When Authority is not liable for failure to

Power of Minister to disallow. supply water.

Effect of disallowing. 238. Construction of embankments, &c., upon street

Subdivision 2.- Valuation. Compensation for damage.

308. Valuations to be made from time to time. 289. No compensation for taking or diverting water

309. Principles of valuation. if empowered by this Act.

310. Notice of valuation. 290. Authority may use channel through private 311. Form of valuation and return. lands.

Fifteenth Schedule. Determination of necessary bridges, &c.

312. Declaration by valuer. 291. Noxious weeds and vermin to be destroyed by

313. Valuer entitled to enter to make valuation. owners of land over which water easements

314. Valuer empowered to make inquiries. are taken.

Penalty. 292. Pipes may be laid through another district. 293. Drainage of surplus water supplied to any area.

Subdivision 3.-Appeals. 294. Control of rivers, &c., may be given to any Authority.

315. Appeal to justices for incorrectness, &c., in Saving rights of municipal councils.

valuation. 295. Plan and description to be followed except with 316. Appeal generally to County Court. the approval of the Governor in Council.

Power of County Court. 296. Construction of principal works.

317. Owner and occupier deemed aggrieved persons 297. Qualification of engineers.

for purpose of appeal. Board of Examiners of Engineers of Water Costs if they make separate appeals. Supply.

318. Amendment of rate by justices or court. 298. Reservation of Crown lands and vesting same Quashing of rate by County Court. in Authority.

319. Costs of appeal.

or road.

Subdivision 4.Payment and Recovery of Rates. 320. Recovery from the occupier or the owner at the

time the rate is made. 321. Recovery from subsequent occupier or owner. 322. Interest on unpaid rates. 323, Interest on rates recovered in petty sessions. 324. Rates and interest a charge upon land. 325. Sale of lands and tenements to enforce charge.

Powers of County Court. 326. Payment and recovery of irrigation charges. 327. Power to take possession of and lease land on

which arrears of rates are due.

Notice to be given before taking possession. 323. Notice to be affixed on taking possession. 329. Lease. 330. Release of land after demand and payment of

arrears. 331. Application of rents. 332. After thirty years land to vest in Authority.

Subdivision 5.--Miscellaneous. 333. Rates not to be made in respect of certain lands. 334. Statement by secretary of amount of rates and

charges due in respectof any landortenement. 335. All rates and charges due in one complaint and

summons. 336. Invalidity, &c. of rate does not prevent recovery. 337. Exemption from fees of certain processes. 338. Owner when name not known to be rated as

owner only, and notice or demand may be

placed on land. 339. Occupier refusing to give name of owner liable

to penalty. 340. Inspection of municipal valuation. 341. Municipal rate book or verified copy thereof to

be primâ facie proof of ownership or occupa

tion. 312. Person from whom are recoverable charges or

sums due.

Recovery. 313. Recovery of rates and charges by distress.

Sixteenth Schedule. 314. Occupier may recover from owner certain pay

351. Non-performance of provisions of this Act or of

any by-law or regulation is an offence against

this Act. 352. Penalty for offences against this Act. 353. Recovery of penalties. 354. Penalties may be recovered by Authority.

From the person committing the offence or from

his employer.

Penalties to be paid to the Authority. 355. Recovery of penalty does not prejudice right

to take other proceedings.

ENFORCEMENT OF Act. 356. Service of notices and legal proceedings. 357. Documents how authenticated, 358. Authority may direct prosecutions. 359. Secretary or other officer may represent

Authority in petty sessions, 360. Proof of certain matters not required. 361. Evidence of by-laws &c. 362. Evidence of documents issued by any Authority. 363. Primâ facie evidence of ownership. 364. Certificate of ownership of land, 385. Seal of Authority to be judicially noticed. 366. No objection to be entertained to certain Orders

for non-compliance with preliminary steps 367. Minister may refer differences to county court

judge. 368. Penalty for neglect or refusal of Authority to

obey decision. 369. Municipal officer not furnishing copy bf voters'

roll to be guilty of offence. 370. Power of Governor in Council to make regula


Power to revoke or amend Orders in Council. 371. Power of Governor in Council to give directions

as to construction continuance and mainten:

ance of waterworks. 372. Appointment of officer to control works for the

service of more than one district. 373. Governor in Council may prescribe forms.

PART IX.-MISCELLANEOUS. 374. Railways Standing Committee Acts extended to

works over £10,000. 375. Provisions which apply to the Melbourne and

Metropolitan Board of Works,

Seventeenth Schedule. 376. Power to Board to sell or destroy certain


Eighteenth Schedule. 377. Certain irrigation and water supply trusts

ments. 315. Power to cut off water for non-payment.

316. Penalty for obstructing construction of works.
347. Penalty for tampering with works.
318. Penalty for destruction of works.
319. Penalty for unlawfully taking water.

Penalty for illegally taking or diverting water.
When water diverted to any land onus of proof

of non-complicity lies on owner or occupier

of land. 350. Nuisance in drainage area.

abolished. Nineteenth Schedule. Their liabilities cancelled.

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