PART II. CONSTITUTION AREAS AND Penalty for acting as member where interested. Adjournment of meeting. Resolutions, how revoked or altered. On petition or otherwise, Governor in Council may intervene. Notices of meetings. Committees of Board and quorum. Upon every question the Chairman shall have a vote, and if the members are equally divided, he shall have a second or casting vote. At all meetings of the Board, save as herein otherwise provided, all members present shall vote. If a member refuses to vote his vote shall be counted for the negative. 23. No member shall vote or take part in debate with respect to any matter in which he has directly or indirectly, by himself or his partners, any pecuniary interest, and every. member who knowingly offends against the provisions of this section shall for every offence be liable to a penalty not exceeding fifty pounds. 24. The members present at a meeting may from time to time adjourn the meeting. If a quorum is not present within half-an-hour after the time appointed for a meeting of the Board, the members present or the majority of them, or any one member if only one is present, or the clerk if no member is present, may adjourn the meeting to any time not later than seven days from the date of such adjournment. 25. A resolution of the Board shall not be revoked or altered unless notice of the intention to propose the revocation or alteration is given to each of the members seven days at least before holding the meeting at which the revocation or alteration is to be proposed; and if the number of members present at that meeting is not greater than the number present when the resolution was adopted, shall not be revoked or altered unless the revocation or alteration is determined upon by a majority of the whole number of members prescribed by the Order in Council constituting the Board. 26. Upon the petition of a majority of the ratepayers in a Water Area, or otherwise if he thinks fit, the Governor in Council may, suspend, amend, or rescind, any resolution or order of the Board, or may prohibit the expenditure of any moneys from the Water Fund upon any work which he deems unnecessary, or which will in his opinion impose undue burdens upon the ratepayers. 27. Notices of any meeting or adjourned meeting of the Board shall be in writing, and shall be delivered at, or sent by post or otherwise to, the usual place of business (if any) within the Water Area, or at or to the place of abode of each of the members, two clear days at least previous to the meeting, and every such notice shall specify the time of meeting, and, in case of a special meeting, shall specify the object of it; and no business shall be transacted at any special meeting except that which is stated in the notice of the meeting. 28. The Board may from time to time as it sees fit (1) Appoint committees, either for general or special purposes; (3) Fix the quorum of a committee. A committee may from time to time appoint one of the members to be Chairman of the committee; and every committee shall report to the Board. 1891. Water Authorities. PART II.CONSTITUTION OF WATER AREAS AND WATER Chairman, 29. A committee may meet from time to time, and may adjourn from AUTHORITIES. place to place, as they think proper, but no business shall be transacted Meetings, at a meeting of the committee unless the quorum of members (if any) &c., of fixed by the Board, and, if no quorum is fixed, two members at the least, are present. At meetings of a committee, if the Chairman is not present, one of the members present shall be appointed Chairman. All questions shall be determined by a majority of the votes of the members present, including the Chairman; and if the numbers are equally divided, he shall have a second or casting vote. committees. 30. The Board, and every committee appointed by it, shall cause Minutes of entries of all the proceedings of the Board, or of the committee, as the proceedings. case may be, with the names of the members present at each meeting, and of the names of the members voting upon any question for the decision of which a division is called, to be duly made from time to time in books to be provided for the purpose, which shall be kept by the clerk under the superintendence of the Chairman. And every such entry shall be signed by the Chairman at the meeting next succeeding the meeting at which the proceeding has taken place. And every entry, purporting to be such an entry as aforesaid, and to be so signed, or a certified copy of or an extract from any such entry, sealed with the seal of the Board, and signed by the Chairman and clerk, shall, upon the production thereof alone, be received as evidence of the proceedings appearing by such entry to have been taken, without proof of the meeting to which the entry refers having been duly convened or held, or of the persons attending the meeting having been or being members of the Board, or members of the committee respectively, or of the signatures of the Chairman or clerk, or of the fact of their having been Chairman or clerk respectively; and all such last-mentioned matters shall be presumed until the contrary is proved. minutes. 31. Such books shall at all reasonable times be open to the inspection Copies and of any member and of any ratepayer of the Water Area, or creditor of extracts from the Board, any of whom may, at all reasonable times during office hours, without payment of any fee, make a copy of, or take extracts from, the books. And every person having the custody of any such book who does not, on the reasonable demand of a member, ratepayer, or creditor, permit him to inspect the book or to make or take such copy or extract, shall be liable to a penalty of five pounds. 32. The Board may, if it thinks fit, grant an allowance to the Chair- Allowance to man from the Water Fund to defray his necessary personal expenses. Chairman. PART III.POWERS AND DUTIES OF WATER AUTHORITIES. under control PART III.-POWERS AND DUTIES OF WATER AUTHORITIES. 33. The Governor in Council may from time to time, by Proclama- Reserve may tion, place under the temporary management and control of a Water be placed Authority, or may absolutely vest in a Water Authority, any public of Water water reserve, or any waterworks or reservoir begun, constructed, or provided for, out of moneys appropriated by Parliament. Any such reserve, waterworks, or reservoir, shall thereupon, subject to the provisions of this Act, and while such Proclamation continues in force, be the property of the Water Authority, and shall be used by it for the purposes of this Act. Authority. PART III.POWERS AND DUTIES OF WATER AUTHORITIES. Works to be the property of Water Authority. Mode in which Water Authority may enter into contracts, and effects thereof. Water Authority may make By-laws. Respecting meetings. Protecting the water and works. Preventing waste or fouling of water. Levying rates. 34. The whole of the works, and all water which at any time is in any watercourse, stream reservoir, pipe, or other part of the works, under the control of the Water Authority, and all moneys received by it under the authority of this Act, shall be the property of the Water Authority, and shall be used by it for the purposes of this Act. 35. A Water Authority may enter into contracts for the purposes of this Act; and every such contract may be made, varied, or discharged as follows, that is to say: (1) A contract, which if made between private persons would by law be required to be in writing and under seal, may be made in writing and under the common seal of the Water Authority, and may be varied or discharged in the same manner; (2) A contract, which if made between private persons would by law be required to be in writing signed by the parties to be charged with it, may be made in writing, signed by the Chairman or two of the members acting by the direction and on behalf of the Water Authority, and may be varied or discharged in the same manner; (3) A contract, which if made between private persons would by law be valid, although not reduced into writing, may be made without writing by the Chairman, or two of the members, acting by the direction and on behalf of the Water Authority, and may be varied or discharged in the same. manner. And every contract so made shall be effectual in law, and shall be binding on the Water Authority and all other parties to the contract, their successors, executors, or administrators, as the case may be; and in case of default in the execution of any such contract, either by the Water Authority or by any other party to it, such actions may be maintained, and such damages and costs recovered, by or against the Water Authority or other parties failing in the execution of the contract, as might have been maintained and recovered had the same contract been made between private persons only. By-laws. 36. A Water Authority may, subject to the provisions of this Act, make By-laws with respect to the following matters, that is to say: (1) The times for holding meetings, the summoning and adjournment of meetings, the proceedings and preservation of order in meetings, the transaction and management of business, and the duties of the officers and servants of the Water Authority; (2) Protecting the water, and the works, pipes, and fittings, from trespass and injury; (3) Preventing and remedying the waste, misuse, undue consumption, fouling, or contamination of water contained in or supplied from the works or otherwise under the control of the Water Authority; (4) Making, levying, and collecting rates, and prescribing the moneys to be paid for water supplied, and the payment and collection thereof; PART III.POWERS AND DUTIES OF WATER AUTHORITIES. (5) The due management and use of the water and other pro- Managing perty of the Water Authority and of any water under their works. jurisdiction or authority, and the construction, maintenance, extension, and management of the works; water to (6) The quantity of water which consumers are entitled to receive Prescribing consumers. other than (7) Specifying the purposes other than domestic for which, and Specifying agricultural, &c., purposes. of water. (9) Fixing the level beyond which water supplied from the works Fixing levels any road, lands, or premises to which water is supplied by the Water Authority, and of baths, water closets, soil-pans, or materials, may be laid (11) Specifying how far within the exterior edge of land and pre- Specifying mises in the Water Area prescribed fittings may be laid where fittings down, placed, fixed, or attached thereto, by the Water or placed. Authority or any person authorised by it; proper (12) Prohibiting any mode of arrangement and the use of any For inserting plumbers. (13) Licensing competent persons to perform work in connection Licensing with pipes and fittings, and making provision for fining and disqualifying them for breach of the By-laws; conduct of (14) Regulating the conduct of officers and workmen appointed Regulating or employed by the Water Authority for the purposes of this officers. Act; (15) Prescribing forms to be used under or for the purposes of Prescribing this Act. forms. 37. With respect to the By-laws of a Water Authority, the following Provisions as provisions shall have effect, namely: to By-laws of Water Authority. (1) A By-law may impose reasonable fees or charges for or in Fees for licenses. (2) Every By-law shall be passed at a special meeting of the Passing of PART III. POWERS AND DUTIES OF WATER AUTHORITIES. Publication of notice of proposed By-law. To be approved by Governor in Council. Repeal of By-laws may Proof of Mode of testing the validity of the By-laws. Validating Water may delegate powers. (3) After a resolution for passing a By-law has been agreed to by the Water Authority, and not less than thirty days before the resolution is confirmed, a copy of the By-law shall be deposited at the office of the Water Authority, and shall be there open to the inspection of any person at all reasonable times; and a notice shall be published in some newspaper generally circulating in the neighbourhood setting forth the general purport of the proposed By-law and stating that a copy is open to inspection as aforesaid; (4) After a By-law has been sealed it shall be submitted for the approval of the Governor in Council, and if approved by him shall be published in the Gazette, and thereupon it shall have the force of law in the Water Area; (5) A By-law or part of a By-law may be repealed by the Governor in Council by Proclamation; (6) A By-law may impose a penalty for a breach of it, and may also impose different penalties in case of successive breaches. But no such penalty shall exceed fifty pounds; A By-law may provide that in addition to a penalty any expense incurred by the Board in consequence of a breach of the By-law, or in the execution of work directed by the By-law to be executed by any person and not executed by him, shall be paid by the person committing such breach or failing to execute the work ; (7) A copy of the Gazette containing a notification of the approval 38. All By-laws heretofore made by the Rockhampton Municipal Council under the herein before recited Act, which would have been valid if they had been made under this Act, shall, notwithstanding the repeal of the said Act, and all By-laws heretofore made by a Local Authority under the Local Government Acts, which would have been valid if they had been made under this Act, shall, after the coming into operation of this Act with respect to the Water Area of which that Local Authority is the Water Authority, be as valid as if they had been made under this Act, and shall be and remain in force within the whole of the respective Water Areas constituted under this Act which comprise the parts of the Colony within which they were or purported to be in force, until they are repealed or amended by other By-laws or otherwise under the provisions of this Act. Delegation of Authority. 39. A Water Authority may authorise the Chairman or other officer to do any of the acts, matters, and things which the Water Authority is hereby empowered or required to do; and the Chairman or other officer |