The Irrigation and Reclaimed Lands Act.-1914. PART IV. DIVISION I. Constitution of the Board. Ibid., s. 30. Board not to be constituted where irrigation plant erected by Minister. 1022, 1910, s. 11. Advances by Minister. 953, 1908, s. 31 (1). Liability of Board for advances and moneys expended. by 1022, 1910, s. 7. PART IV. CONSTITUTION OF BOARD AND MANAGEMENT DIVISION I.-CONSTITUTION OF BOARD AND ADVANCES THERETO. (2) A Board shall not be constituted for any irrigation area in which the water for the purposes of irrigation is supplied by means of pumping or other plant erected by the Minister. 40. (1) The Minister may, upon and after the constitution of the Board, from time to time advance to such Board such moneys as are at his disposal for the purposes of such Board, or as are provided by Parliament therefor, or for carrying out the objects and purposes of this Act. (2) Such Board shall be liable to the Minister for the repayment of all moneys so advanced, and for the payment of all moneys Ibid., (2), as enacted expended by the Minister in carrying out the objects and purposes of this Act in the irrigation area, whether before or after the proclamation of such area (except moneys expended before the fixing of the rents, as provided by section 17), with interest on all moneys so expended (except as aforesaid) at the rate of Four Pounds per centum per annum up to the day of the constitution of such Board. The moneys so advanced and expended and the said interest are hereafter in this Division of this Act referred to as "the said advances." Evidence of amount of advances. 953, 1908, s. 31 (3). Repayment of advances. Ibid., s. 32, as s. 8. (3) A certificate in writing, signed by the Minister, or by the Commissioner of Audit, stating the amount of the said advances, shall be accepted by the Board as conclusive evidence of such amount. 41. (1) In so far as the said advances consist of moneys expended as mentioned in subsection (2) of section 40 and interest enacted by 1022, 1910, thereon, interest on the said advances at the rate of Four Pounds per centum per annum shall be paid by the Board to the Minister at the expiration of each of the first four years from the date of the publication in the Gazette of the proclamation constituting the Board; and thereafter the said advances, together with interest at the rate aforesaid on the amount thereof for the time being unpaid, shall be repaid by the Board to the Minister by twenty equal yearly instalments, the first of which shall be paid at the expiration of the fifth year from the said date. (2) Interest The Irrigation and Reclaimed Lands Act.-1914. (2) Interest at the rate of Four Pounds per centum per annum shall be paid by the Board to the Minister on the amount of any advance made to the Board under subsection (1) of section 40, at the expiration of each of the first four years from the date of such advance, and thereafter such advance, together with interest at the rate aforesaid on the amount thereof for the time being unpaid, shall be paid by the Board to the Minister by twenty equal yearly instalments, the first of which shall be paid at the expiration of the fifth year from the said date. (3) Notwithstanding anything in this section, the Board may at any time pay off the whole or any part of the amount of the said advances then unpaid, together with interest computed to the date of payment. PART IV. DIVISION 1. 42. The said advances, together with the said interest thereon, Annual instalments or so much of the said advances and interest as for the time being charged on rates. remains unpaid, shall be a first charge upon all rates from time to time declared or leviable by, and on all property for the time being vested in or belonging to, the Board, and on all land in the irrigation area. default for three months. Ibid., s. 34. 43. (1) If default is made by the Board in making payment of any Procedure in case of such yearly instalment or interest, or any part thereof, the Minister may give notice to the Board, or to any member or officer thereof, of his intention to exercise the powers conferred upon him or his nominee by this Act if such default is allowed to continue. (2) If the amount then due in respect of the said advances or interest is not paid within three months from the giving, posting, or delivering to the Board or any member or officer thereof of such notice, all powers of the Board in relation to receiving and recovering outstanding rates, making of assessments, and declaring, levying, and recovering of rates, shall, upon the Minister giving notice in the Gazette that such powers have become vested in him or his nominee (as the case may be) vest in the Minister, or in such person as he nominates, and may at the option of the Minister, continue so vested until the whole amount of the said advances and interest is repaid; and in such case no consent of a ratepayer to a special rate shall be required. 44. The moneys received by the Minister or his nominee shall be Application of money collected by applied in paying all moneys due or owing in respect of the said Minister. advances and interest thereon, and the costs incurred in carrying out Ibid., s. 35. the powers vested in the Minister by this Act, and any surplus shall be paid to the Board. default for one year. 45. (1) If the Board makes default in payment of any of the said Procedure in case of yearly instalments or interest on the said advances, or any portion or portions thereof, for one year, it shall be lawful for the Governor by Ibid., s. 36. proclamation to determine the existence of the Board. (2) Thereupon PART IV. DIVISION I. Effect of abolition and Property to vest in DIVISION II. Constitution of Board. Appointment of Ibid., s. 38. The Irrigation and Reclaimed Lands Act.-1914. (2) Thereupon the Minister may resume possession and absolute control and management of the irrigation area, together with all machinery, plant, chattels, and appliances thereon or appurtenant thereto and belonging to the Board, and the same as well as any land vested in the Board, and any other property of the Board, shall thereupon vest absolutely in the Minister. (3) The Governor may at any time thereafter, by proclamation, constitute a Board, which shall have the control and management of such irrigation area, and the same results shall follow therefrom as from the constitution of the original Board. 46. (1) When the powers and functions of a Board are for any reason suspended, or the Board is abolished, the Governor may, by proclamation, authorise the Minister to exercise all the powers, authorities, functions, and duties of the Board, whose functions are suspended, or which is abolished, until such suspension ceases or a new Board is constituted (as the case may be). (2) Thereupon all property, real and personal, and all obligations, authorities, immunities, rights, powers, privileges, functions, and duties vested in or imposed upon the Board, by any means whatsoever, shall be transferred to and vested in the Minister, while the powers and functions of the Board are suspended, or until a new Board is constituted (as the case may be). DIVISION II.-INCORPORATION, MEMBERS OF BOARD, ETC. 47. The Board shall consist of five members and shall be a body corporate under the name of "The Irrigation Board,' and shall have perpetual succession and a common seal, and by such name shall be capable of suing and being sued, and of purchasing, holding, and leasing land, and of doing and suffering, subject to this Act, all such other acts and things as bodies corporate may by law do and suffer. 48. (1) The Governor shall appoint the members of the Board to hold office for the first twelve months after the constitution of the Board. (2) The members to hold office after the expiration of such twelve months shall be appointed and elected as follows: (a) the Governor shall appoint one member who shall be a Government officer and shall be Chairman of the Board, and shall hold office during the pleasure of the Governor, and shall not be subject to retirement by effluxion of time: (b) all other members of the Board shall be ratepayers within the area, and shall be elected by the ratepayers from time to time, as hereinafter provided: (c) the elected members shall retain office until the election of their successors, as hereinafter provided. (3) The The Irrigation and Reclaimed Lands Act.-1914. (3) The Governor may appoint one of the members to be Chairman of the Board for the first twelve months after the constitution of the Board. PART IV. DIVISION II. 49. The Governor may appoint two auditors to the Board, who Auditors. shall retain office until the election of their successors, as hereinafter Ibid., s. 39. provided. 50. Every ratepayer in the irrigation area, having attained the Who may be members age of eighteen years, shall be qualified to be a member of the Board, but shall be disqualified if he— (a) is an uncertificated insolvent, or executes a statutory deed of assignment for the benefit of his creditors, or compounds with his creditors for less than Twenty Shillings in the Pound: (b) holds the office of treasurer or auditor, or a place of profit in the gift of the Board: (c) is pecuniarily interested in a contract with the Board: (d) is in arrear for six months or more in payment of any rent or rates in respect of the land leased by him. of Board. 51. (1) The following acts and events shall cause a vacancy in How vacancy the office of a member of the Board.— occasioned. (a) Death or lunacy of the member: (b) Conviction of the member of felony : (c) Absence of the member from the State, without leave of the (d) Any disqualification of the member as indicated by (e) Resignation of the member, by notice posted or delivered to the Act: (g) The judgment or order of any Court of competent juris- (2) The above-mentioned acts and events (except those in subdivision (c), and those in subdivision (d) so far as they include the holding of the office of auditor) shall cause a vacancy in the office of an auditor. 52. (1) At PART IV. DIVISION II. Time of elections. Ibid., s. 42. Lists of lessees in Elections. The Irrigation and Reclaimed Lands Act.-1914. 52. (1) At the expiration of the first twelve months from the constitution of the Board, and at the expiration of each twelve months thereafter, and subject to the provisions of subdivision (a) of section 48, an election of members and auditors shall be held. (2) At the expiration of such first twelve months, and at the expiration of each twelve months thereafter, one-half of the members of the Board (other than the Government officer) shall retire. (3) The members to retire at the expiration of such first twelve months shall be decided by lot. The members to retire at the expiration of every subsequent twelve months shall be those who have been longest in office without re-election, and, when the number so ascertained does not equal one-half, lots shall be drawn between those who have been an equal time in office without re-election to decide which of them shall retire, and the retirement shall take place accordingly. (4) At the expiration of such first twelve months, and at the expiration of each twelve months thereafter, one auditor shall retire from office. The auditor to retire shall be the one who has held office the longest without re-election, and if both have held office for the same length of time the auditor to retire shall be decided by lots to be drawn by the Chairman. (5) Every drawing of lots to decide retirements shall be made fourteen days at least before the day of election. 53. Within three months before any election of members of the Board or of an auditor— (a) the Minister shall send to the Government officer a list of all lessees of land in the irrigation area who are six months or more in arrear in payment of any rent, and stating the amounts of such arrears, a copy of which list the Government officer shall cause to be posted in a conspicuous place at every polling-place in the area : (b) the Board shall cause a list of all lessees who are in arrear in payment of any rates declared six months or more before the date of such election, and stating the amounts of such rates, to be posted in a conspicuous place at every polling-place in the area. 54. (1) The first members of the Board shall, by regulation, prescribe the manner in which elections of members of the Board (other than the Government officer), and auditors, shall be held. (2) Every ratepayer of the full age of eighteen years whose name, at the time of an election of members or of an auditor, appears on the roll of lessees, as provided by section 70, may, subject to subsection 4 hereof, vote at such election. |