By-laws.
Water Act 1890
s. 487.

No. 1197 s. 73.

Penalties to be
stated in by-laws.
Water Act 1890
8. 488.

By-laws to be
published.
Ib. s. 487.

Rates to be

recoverable from either landlord or tenant.

Ib. s. 480.

Where several houses supplied

by one pipe each

to pay. Ib. s. 481.

Rates to be paid half-yearly in advance.

Ib. s. 482.

Recovery of rates
and charges.
ib. s. 483.

SEVENTEENTH SCHEDULE-continued.

(4) The Board may from time to time make revoke and amend by-laws :—
For determining the rate to be paid for the several lands and tenements to be
supplied otherwise than by measure with water for domestic purposes. Pro-
vided that the valuation of any lands or tenements for the purpose of such
water supply shall not in any year exceed the valuation (if any) of such lands
and tenements during the same or the previous year by the corporation of
the city of Melbourne or the council of the municipality in whose municipal
district such lands or tenements are situated or (if there be no such valuation)
the valuation of such lands and tenements by some police magistrate; and
that no such rate shall exceed the amount of Five per cent. on such
valuation. Provided also that the rate for the supply of water aforesaid
shall not in any case be less than the sum of Ten shillings per annum :
For making and levying such rate :

For fixing a scale of charges for water supplied by measure, and a minimum
quantity of water to be charged for in cases where water is so supplied:
For charging an extra rate for water supply in places beyond five miles from the
General Post Office in the city of Melbourne to which places the supply of
water has been or may hereafter be extended:

For imposing payment and collection of charges and determining the time at which any charge for water shall be payable whether in advance or otherwise: Provided that the powers herein contained shall not be exercised so as to increase the scales of such rates and charges existing on the twentieth day of December in the year One thousand eight hundred and ninety.

(5) Every by-law made by the Board under the powers conferred by the provisions referred to or set out in this Schedule may state a maximum penalty not exceeding Twenty pounds for any breach thereof; and shall also state in cases of continuing offences a further penalty not exceeding Five pounds for each day after notice of the offence from the Board; and no such by-law shall have effect until it has been published in the Gazette.

(6) The rates and charges for water and all sums due to the Board under the provisions referred to or set out in this Schedule shall be paid by and be recoverable from the owner of the land or tenement or the occupier or person requiring receiving or using the supply of water.

(7) Where several houses or parts of houses in the separate occupation of several persons are supplied by one common pipe, or where water is supplied to courts alleys and rights-of-way by stand-pipes, the several owners or occupiers of such houses or parts of houses or of the several houses or parts of houses in every such court alley or right-of-way shall be liable to the payment of the same rates for the supply of water as they would have been liable to if each of such several houses or parts of houses had been supplied with water from the works of the Board by a separate pipe.

(8) The rates shall be paid in advance by equal payments on the first day of January and the first day of July in each year; and the first payment shall be made at the time when the owner or occupier of any tenement shall become liable to pay the rates and charges for the supply of water as hereinbefore mentioned.

or

(9) If any person refuse or neglect to pay on demand to the Board any rate charge or sum due to the Board under the provisions referred to or set out in this Schedule, the Board may recover the same with costs in any court of competent jurisdiction; may order warrants in the form contained in the Sixteenth Schedule to the Water Act 1905 to be from time to time issued to some constable or other person named therein to levy such rate charge or sum by distress and sale of the goods and chattels of the person occupying the land or tenement in respect of which such rate charge or sum is due at the time when the warrant of distress is executed; and in case no sufficient goods and chattels of such occupier be found thereon to satisfy such distress, the owner of the land or tenement or if he be absent from Victoria his agent shall be liable for such rate charge or sum, and the same may be recovered from him in any court of competent jurisdiction.

SEVENTEENTH

SEVENTEENTH SCHEDULE-continued.

(10) If any tenant of any premises be called on to pay and pay or be distrained for a greater amount of any rate charge or sum due to the Board under the provisions referred to or set out in this Schedule than is due for the period of his occupancy, or pay any sum for laying down service pipes to such premises upon the refusal or neglect of the owner thereof to lay down such service pipes within one month of the publication in the Gazette of the notice by the Board as herein before mentioned requiring such owner to lay down such pipes, such tenant may deduct any sum so paid or recovered from the rent from time to time becoming due to such owner in respect of such premises or after demand may recover the same from such owner in any court of competent jurisdiction.

(11) Where any owner or occupier of any land within the drainage area of the Yan Yean or any other reservoir vested in the Board does or permits to be done on his land any act or permits to remain thereon any matter or thing which in the opinion of the Board is likely to injure the water supply, if notice to discontinue or remove the same be given to him in writing by the Board and if he neglect or refuse to discontinue such act or to remove such matter or thing, he shall for each such offence forfeit a sum not exceeding Five pounds and a further sum of Twenty shillings for each day (if more than one) that such offence continues.

(12) Every penalty imposed by any of the provisions referred to or set out in this Schedule or any by-law relating to water supply may be proceeded for and enforced either against the person actually committing any breach thereof or the person in whose employment he is and on whose behalf he is acting. All rates charges and sums due to the Board and all damages costs penalties and forfeitures under any of the said provisions and all penalties under any by-law may be proceeded for before and enforced by any two or more justices.

Tenant may

recover from owner excessive payment or cost of laying services.

Water Act 1890

S. 484.

Penalty for nuisance

in drainage area. Ib. s. 475.

Penalties may be recovered either

from offender or from his employer. Ib. s. 486.

Recovery may be in
a summary way.
Ib. s. 486.

(13) For the purposes of this Part of this Act the Board subject to the provisions Powers of Board and restrictions herein contained may exercise any of the following powers (that is to say):-

in construction of waterworks.

It may enter upon any lands and take the levels of the same and set out such Ib. s. 425.
parts thereof as it thinks necessary and dig and break up the soil of such
lands and trench the same and remove or use all earth stones trees or other
things dug or gotten out of the same.

It may enter upon take and hold such land as it shall from time to time consider
necessary for the construction or the improvement of the works under this
Part of this Act or for securing or improving the water to be supplied or the
quality or purity thereof.

It may from time to time sink such wells or shafts and make maintain alter or
discontinue such reservoirs waterworks cisterns tanks aqueducts drains cuts
sluices pipes culverts engines and other works and erect such buildings upon
the lands and streams authorized to be taken by it as it thinks proper.

It may from time to time divert and impound the water from any such streams
as it may deem necessary and alter the course of any streams; and also take
such water as may be found in under or on the lands to be taken for con-
structing the works.

It may enter upon any lands public or private streets or roads and lay or place
therein any pipe and may repair alter cut off or remove any pipe so laid and
may in like manner enter upon any such lands streets or roads for the
purpose of repairing water-courses and other works the property of the Board
connected with the water supply.

be made for
damage.

Ib. s. 426.

(14) In the exercise of any powers given to it by this Part of this Act the Board Compensation to shall do as little damage as can be; and in all cases where it can be done shall provide other watering places drains and channels for the use of adjoining lands in place of any such as shall be taken away or interrupted by it, and shall make full compensation to all parties interested for all damage sustained by them through the exercise of such powers and for the use of any land in which any pipes are laid; and such compensation if the Board cannot agree with the owner shall be settled as in cases of disputed compensation under the Lands Compensation Act 1890. EIGHTEENTH

Settlement of disputes as to compensation.

IRRIGATION AND WATER SUPPLY TRUSTS ABOLISHED, AND THE LIABILITIES
THEREOF CANCELLED.

INDEX OF ACTS

CONTAINED IN ALL SESSIONAL VOLUMES OF ACTS PUBLISHED
SUBSEQUENT TO THE VICTORIAN STATUTES 1890.