PART IX.

ACCOUNTS

AND AUDIT.

Auditor-
General to

examine books
annually.

PART X.

LOANS FOR WATERWORKS. Treasurer may advance moneys.

Proposition to
borrow
money to be
advertised.

Endowment may be withheld.

Treasurer may levy and collect rates and charges.

Governor in Council may appoint

force for the time being relating to Justices persons so refusing or neglecting in cases in which Justices have summary jurisdiction may be dealt with.

Examination of Accounts by Auditor-General.

157. The Auditor-General, or such officer of his staff as he from time to time directs, shall once at least in every year examine the books and accounts of every Water Authority, and the Auditor-General shall report thereupon to the Treasurer.

The Treasurer may, if he thinks fit, require such books and accounts to be kept by a Water Authority in such form and manner as may be prescribed by the Auditor-General.

PART X.-LOANS FOR WATERWORKS.

158. The Treasurer may, subject to the provisions of this Act, from time to time advance to the Water Authority of any Water Area, out of any moneys appropriated by Parliament for that purpose, such sums of money on loan as are required for the construction and extension of works therein.

All such sums shall bear interest at such rate and shall be repaid in such instalments as are prescribed by “The Local Works Loans Act of 1880 "*:

Provided that, notwithstanding anything in this Act or in that Act contained, the Treasurer may permit the Water Authority to pay off the whole or any portion of the moneys due at any time before they may become due, and in such case the Water Authority shall be entitled to a proportionate rebate of interest to be adjusted by the Treasurer.

159. No proposition for borrowing money for the purposes aforesaid shall be adopted by any Water Authority unless a notice thereof has been published twice in the Gazette and also twice in some newspaper generally circulating in the Water Area not less than one month nor more than three months before such proposition is adopted stating the amount of the principal money to be borrowed, the times at which the loan and interest are to be payable, and the purposes for which the loan is to be applied, and also stating that the plans and estimate of the cost of the works or extension are open to inspection at the office of the Water Authority.

160. If a Water Authority, being a Local Authority, in any year fails to pay the full amount of all such interest and instalments, the Treasurer shall withhold so much of the endowment payable to the Local Authority as is sufficient to provide for such interest and instalments.

161. If at any time the payments due to the Treasurer by a Water Authority are in arrear, the Treasurer may take possession of any works the property of the Water Authority, and may levy and enforce the water rates and charges, and for that purpose shall have and may exercise all the powers of the Water Authority for the recovery of such rates and charges.

162. If in any Water Area such payments continue in arrear through the refusal or neglect of the Water Authority to levy and collect any Commissioners. rate or other moneys after being required to do so by the Treasurer as aforesaid, the Governor in Council may, by Order in Council, suspend the functions of the Water Authority, and may appoint Commissioners,

44 Vic. No. 9, title Local Authorities.

1891.

PART X.

Water Authorities.

LOANS FOR WATERWORKS.

being not more than five nor less than three in number, for the management of the business which ought to be performed by the Water Authority in the Water Area.

Such Commissioners may forthwith take possession of all works the property of the Water Authority, and may, subject to the control of the Minister, exercise within the Water Area all the powers of the Water Authority under the provisions of this Act:

Provided that at any subsequent time the Governor in Council may, by like Order in Council, supersede such Commissioners, and restore the functions of the Water Authority under the provisions of this Act.

when Board

163. When the Water Authority is a Local Authority, then, for the Provisions purpose of estimating the amount of money that may be borrowed by is also the the Local Authority under any other Act, the following provisions shall Local have effect:

(1) If the net annual revenue derived from the works, after
paying all working expenses thereof, is sufficient to pay the
annual instalments payable by the Local Authority under
"The Local Works Loans Act of 1880"* in respect of the
whole sum borrowed for construction and maintenance of the
waterworks or in respect of any part thereof, the whole sum
or such part thereof, as the case may be, shall not be taken
into consideration in reduction of the amount that may be
borrowed by the Local Authority;

The revenue derived from the works shall not be taken into
consideration in estimating the annual revenue of the Local
Authority.

PART XI-GENERAL PROVISIONS.

Authority.

PART XI.GENERAL PROVISIONS.

Penalty for

obstructing

setting out

line of works,

164. Every person who wilfully obstructs any person acting under the authority of a Water Authority in making surveys, taking levels, or persons setting out the line of the works, or pulls up or removes any poles or stakes driven into the ground for the purpose of setting out the line of &c. such works, or defaces or destroys any works made for that purpose, shall be liable to a penalty not exceeding fifty pounds.

owners or

165. Every owner or occupier of land intersected or bounded by any Penalty for stream or watercourse, or through or near to which any channel or drain obstructing by is cut by a Water Authority, who unlawfully obstructs or in any manner occupiers. unlawfully interferes with the water or flow of water therein, shall for every such offence be liable to a penalty not exceeding fifty pounds.

refusing to

works.

166. Any person having charge of any works the property of a Water Penalty for Authority who refuses, on lawful demand, to give up peaceable and quiet give up. possession of the same to any person entitled to possession under the possession of provisions of this Act, shall be guilty of a misdemeanour, and shall be liable to a penalty not exceeding two hundred pounds and to be imprisoned for any period not exceeding twelve months.

167. When any water supplied under this Act has been wasted, misused, or unduly consumed, the Water Authority may recover the value thereof, as a debt due to them by the person who wasted, misused, or unduly consumed the same, and the remedy given by this section shall be additional to any other remedy which the Water Authority possesses and to the liability to any penalty which such person has incurred.

44 Vic. No. 9, title Local Authorities.

Recovery of

value of water

misused, &c.

PART XI.GENERAL PROVISIONS.

Provision for ascertaining and recovering damages, &c., not specially provided for.

Appropriation of moneys recovered

under this Act.

Penalties recovered summarily.

Copies of plans and alterations, &c., to be evidence.

Rate-books of
Local
Authority to
be evidence.

As to proceedings against

persons acting

under this Act.

Rates not to be levied by Local

Authorities on

waterworks,

&c.

Provision

also Local Authority.

168. In all cases where any compensation, damages, cos expenses are by this Act directed to be paid, and the method of taining the amount or enforcing the payment is not specially pro by this Act or "The Public Works Lands Resumption Acts,' amount, in case of dispute, shall be ascertained and determined recovered in a summary way by and before two Justices.

169. All penalties, and other moneys recovered or received Water Authority under this Act, or under any agreement made it, shall, so far as they are not otherwise specially appropriate carried to the credit of the Water Fund.

170. All penalties and forfeitures incurred under this Act, o By-laws made thereunder, may be recovered in a summary way, two Justices, on the complaint of the clerk or any person appoint the Water Authority to collect and receive water rates and charges 171. Copies of the plans and books of reference mentioned in Act and of any alteration or correction thereof, or extracts there certified by the engineer to be true copies thereof (which certifi such engineer shall give to all parties interested when required, on ment of such fees as may be prescribed by the Treasurer), sha received in all Courts as conclusive evidence of the contents thereof

172. In any proceeding to levy and recover, or consequent or levying or recovery of any rate or charge under the provisions of Act, every book, instrument, or document purporting to contain a va tion made under the Valuation Acts, or a copy thereof or extract t from, shall, if certified as such under the hand of the Chairman for time being of the Local Authority to whose District such book, in ment, or document relates, and sealed with the seal of the I Authority, be primâ facie evidence of all the contents thereof touc such valuation.

173. All actions and prosecutions to be commenced against person for anything done or omitted to be done, in pursuance of Act, shall be commenced within six calendar months after the t was done or omitted to be done, as the case may be, and not other

174. No rates shall be levied by any Local Authority upon any or works vested in or constructed by a Water Authority constit under the provisions of this Act.

175. When the Water Authority is a Local Authority the sev when Board is provisions of this Act respecting the duties of the Board with regard Local Authorities do not apply, but all things required to be done b Local Authority with regard to the Water Authority shall be done the Local Authority, and the cost thereof shall be defrayed out of municipal or divisional fund as herein before provided.

Saving of 53

Vic. No. 9.

176. Nothing in this Act shall affect "The Brisbane Water Sup Act of 1889" or the Board or the District constituted under that Act

42 Vic. No. 5 and 52 Vic. No. 7, repealed; see Historical Table, Index Volume. See "The Public Works Land Resumption Act of 1906" (6 Edw. VII. No. 14), title Works.

+53 Vic. No. 9, repealed; see Historical Table, Index Volume. See now "The Metropoli Water and Sewerage Act, 1909" (9 Edw. VII. No. 12), vol. Local, Personal, and Private A title Water and Sewerage.

Rates of Mileage.

One shilling.
Five shillings.

Not exceeding one shil-
ling in the pound on
the proceeds of the
sale.

For every mile or part of a mile where the warrant is executed not
more than two miles from the office of the Board
Where such distance exceeds two miles, for every mile beyond

Το

One shilling.
Sixpence.

THIRD SCHEDULE. Water Authority of [insert name]. the bailiff of the Water Authority, or his assistant. Whereas the rateable land, numbered in the Rate-Book of the abovenamed Water Authority, has been rated at the sum of £ per annum for a rate for the year [or there is due to the abovenamed Water Authority the sum of £ for water supplied to the rateable land numbered in the Rate-Book of the said Water Authority]; and whereas the said amount [or a portion of the said amount], to wit, £ was duly demanded from the occupier of such property, by notice, signed by the clerk [or as the case may be] on the day of 18 [or as the case may be] and has not yet been paid: These are therefore to require and authorise you forthwith to levy the said sum of £ together with the costs of these presents and such levy, by distress and sale of the goods and chattels [in the case of unoccupied property, and any timber lying thereon] found by you on the said land, according to law, and that you certify to me on day of what you do by virtue of this warrant.

the

Given under my hand and seal of the Water Authority, this

day

-of

Chairman.

[See section 127.]

[See section 131.]

SCHEDULES IV.
AND V.

[See section 136.]

[See section 140.]

pounds

shillings and

[or portion

Notice is hereby given that the sum of pence is now due and unpaid to the Water Authority of the Water Area of [insert name], for rates in respect of Allotment No. of section No. ], situated in street [or road or other situation]. Payment of the said sum is hereby demanded. If the said sum is not paid within six months from the date of this notice, the Water Authority will take possession of and lease the said land, under the provisions of The Water Authorities Act of 1891."

Office of the

Chairman [or Clerk.]

To the Council of the Municipality [or Board of the Division] of
These are to require you the Council of the said Municipality [or Board of the
said Division] to pay out of the moneys lying to the credit of your municipal [or
divisional] fund, on or before the
day of
18 to A.B., the
Chairman of the Water Authority of the said Water Area the sum of
being the amount required for the expenses of the survey, plans, and specifications
of the waterworks proposed to be constructed by such Water Authority in the said
Water Area, and, if there are no moneys to the credit of such municipal [or divisional]
fund, to raise the same by means of a rate.

Dated this

day of

18

[Seal.]

Chairman.

1 Geo. V.
No. 25.

THE RIGHTS
IN WATER

AND WATER
CONSERVATION

AND UTILIZATION ACT OF 1910.

PART I.PRELIMINARY.

Short title, construction,

and

commencement of Act.

Parts of Act.

THE RIGHTS IN WATER AND WATER CONSERVATION

AND UTILIZATION ACT OF 1910.

An Act to Declare the Rights in Natural Water and the Property in the Bed and Banks containing the same, and to Make Better Provision for the Conservation and Utilization of Water for Industrial Irrigation and other purposes, and for the Construction, Maintenance, and Management of Works for such purposes.

BE

[ASSENTED TO 7TH JANUARY, 1911.] E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:

PART I-PRELIMINARY.

1. This Act may be cited as "The Rights in Water and Water Conservation and Utilization Act of 1910," and shall be read as one with "The Water Authorities Act of 1891,"* herein referred to as the Principal Act. This Act shall commence and take effect on and from the first day of March, one thousand nine hundred and eleven..

2. This Act is divided into Parts, as follows:

PART I PRELIMINARY;

PART II-RIGHTS IN NATURAL WATER;

55 Vic. No. 11, supra.