Broken Hill and District Water Supply Act of 1888 53 Vic (NSW)

An Act to enable the " Broken Hill and Dis- Bxexss Mase trict Water Supply Company (limited)? "ors to construct works, and use the waters of the Speeulation and Menindie Lakes and the Darling River for the purpose of supplying Broken Hill and District with fresh water, and to give power to purchase land. [1s¢ October, 1889. | ATMEREAS it is expedient and for the public benefit that the Preamble. town and district of Broken IIill, in the Colony of New South Wales, should be provided with a supply of fresh water. And whereas a Company has been formed, called the "Broken Ifill and District Water Supply Company (Limited)," for the purpose of supplying the said town and district with fresh water. And whereas the said po Company Arrangement and interpretation. Conditions prior to 53° VIC. 1889. Broken Hill and District Water Supply Company. Company desire to establish and carry out works for such purpose and other purposes incidental thereto in the said town and district. Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legisla- tive Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :— 1. This Act may be cited as the " Broken Hill and District Water Supply Act of 1888.' Its provisions are arranged into Four Parts, embracing the following subjects :— PART I.— Powers and duties of the Company as to Water Supply. - PART Il.—Special provisions as to Water Supply. PART IIl.—The acquisition and occupation by the Company of lands for the purpose of water supply—ascerlainment of compensation in respect thereof. PART IV.— Miscellaneous provisions—Legal procedure. And in the construction of this Act the following words and expressions in inverted commas, unless there shall be something in the context repugnant thereto or inconsistent therewith, shall bear the meanings and include the persons or things hereby respectively set against such words and expressions, that is to say :— " Governor'—The Governor, with the advice of the Executive Council. " Conduit"—The canals, tunnels, aqueducts, cuttings, or pipes, by means of which the main stream of water is supplied to the water district. * Justice'—Any Justice of the Peace for the Colony of New South Wales. * Street''—Any square, court, alley, highway, railway, tramway, lane, road, thoroughfare or other passage, footpath, or place, whether public or private, within the limits of the water district. * Owner"—Any person who is in the receipt of the rents and profits of any house, manufactory, or building of whatsoever kind, or of any land. "Water District''—The area within which water is authorized to be supplied to the inhabitants of the said town and district. * Company'—The said " Broken Hill and District Water Supply Company (Limited)," or their assigns, owners for the time being of the Broken Hill Waterworks. PART I. Powers and duties of the Company as to Water Supply. 2. Before the Company shall put into foree any of the pro- acquisition of land. visions contained in this Part with respect to the acquisition of land otherwise than by agreement, the following conditions and provisions shall be observed : (1) The Company shall publish once at least in each of three consecutive weeks in some local newspaper circulating in the town and district of Broken Hill, a notice describing shortly the nature of the undertaking in respect of which it is pro- posed to take any land that has been alienated from the Crown, naming some central place at Broken Hill where a plan of the proposed undertaking may be seen at all reasonable hours, and stating the quantity of such lands required. (1) 1889. 53° VIC. Broken Hill and District Water Supply Company. (11) The Company shall serve a notice on every owncr or reputed owner, or reputed lessee or occupier of such lands, defining in each ease the particular lands intended to be taken, and requiring an answer, stating whether the person so served dissents, or is neutral, in respect of taking such land. (111) On compliance with the provisions of this section with respect to notices the Company may, if they think fit, present a petition to the Governor under their Common Seal, and such petition shall state the lands as aforesaid intended to be taken, and the purposes for which they are required, and the names of the owners, lessees, and oceupiers of lands who have assented, dissented, or are neutral, in respect of the taking of such lands, or who have returned no answer to the notice. And it shall pray that the Company may, with reference to such Jands, be allowed to put in force the powers contained in Part IIT of this Act with respect to the acquisition of such lands otherwise than by agreement, and such prayer shall be supported by such evidence as the Governor may require. (tv) On reecipt of such petition, and on due proof of the proper notices haying keen published and served, the Governor shall take such petition into consideration, and may either dismiss the same or direct a local inquiry as to the propricty of assenting to the prayer of such petition, but witil such inquiry has been made no provisional order shall be made affecting any such lands without the consent of the owners, lessees, and oceupiers thereof. (v) After the completion of such inquiry the Governor may, by provisional order, empower the Company to put in force with reference to the lands referred to in such order, the powers of the said Part, with respect to the acquisition of lands, other- wise than by agreement or any of them, and cither absolutely or with such conditions and modifications as the Governor may think fit; and it shall be the duty of the Company to serve a copy of any order so made in the manner and on the persons in which and on whom notices in respect of such lands are required to be served. PART IT. Special Provisions as to Walter Supply. OV 3. Subject to the provisions of this Act, the Company may Powers of the Com- exercise any of the powers in this Part contained for the construction !Y- of waterworks for the supply of water from the Speculation and Menindie Lakes and Darling River to the Municipal District of Broken Hill, including therein the district between the town of Broken Hill and the said Lakes and River, more particularly described in the Third Schedule to this Act, and for the purpose of carrying out the provisions of this Act the Company may (1) Enter upon any lands and take levels of the same, and set out (11) such parts thereof as they shall think necessary. Enter upon, take, and hold such land as they may from time to time deem necessary for the construction and maintenance of any of the works authorized by this Act, or for obtaining or enlarging the supply of water, or for improving the quality thercof for the purpose of this Act. (111) Penalty for obstruct ing construction of works, Penalty for destroy ing works. Power to open strects, &e, Reinstatement of streets, ke. 53° VIC. 1889. Broken Hill and District Water Supply Compan 4. (i111) Enter upon any Crown or private lands, or streets, and lay or place therein any pipes, and may repair, alter or cut off, or remove the same, and may enter upon any such lands, or streets, for the purpose of repairing any watercourses, or other works being their property or under their control. (tv) Take water from the lakes and river aforesaid. Provided that not more than seven hundred thousand gallons of water daily shall be taken by the Company from the said lakes or river,and the supply at any time drawn shall be such as not to interfere with the navigation of the said river, and the Company shall, if required by the Government, erect and maintain to the satisfaction of the Minister for Mines, a meter or gauge for the purpose of ascertaining the quantity of water drawn daily from the said lakes or river, and the measure- ment of water shown by such meter or gauge to have been drawn shall be taken as correct for the purposes of this Act. Provided always that in the exercise of any of the powers hereby con- ferred, the Company shall inflict as little damage as may 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 taken away or interrupted by them, and shall make full compensation to all parties interested, for all damage sustained by them through the exercise of such powers. Provided nevertheless that the Company shall not be liable to make compensation in respect of any damage sustained by reason of the taking of water from the said river or lakes or either of them. 4, Any person who shall wilfully obstruct any person acting under the authority of the Company in setting out the line of any works undertaken under the authority of this Part, or pull up, or remove, any poles or stakes driven into the ground for the purpose of setting out the line of such works, .or destroy or injure any works so undertaken as aforesaid, shall incur a penalty not exceeding five pounds for every such offence. 5. If any person unlawfully and maliciously destroy or damage, or attempt to destroy or damage, any reservoir, dam, tank, tunnel, watercourse, sluice, main, pipe, aqueduct, bridge, roadway, or engine, or other part whatever of the works of the Company, every such offender shall be guilty of felony, and shall be liable to be imprisoned for any term not exceeding ten years. 6. The Company may open and break up the soil and pavement of the several streets and bridges within the limits of its water district, and make, open, and break up any sewers, drains, or tunnels within or under such streets, and lay down and place within the same limits, pipes, conduits, service pipes, and other works and engines, and from time to time repair, altcr, or remove the same, and for the purposes aforesaid remove and use all earth and materials in and under such streets and bridges, and do all other acts which the Company shall from time to time deem necessary for supplying water to the inhabitants of the district in the fourth section of this Act described and hereafter referred to as the " Water District." 7. When the Company shall open or break up the road or pavement of any street or bridge, or any sewer, drain, or tunnel, they shall with all convenient speed complete the work for which the same shall be broken up, and fill in the ground and reinstate and make good the road or pavement or the sewer, drain, or tunnel so opened or broken up, and carry away the rubbish oceasioned thereby. And shall at all times whilst any such pavement or road shall be so open or broken up cause the same to be fenced and guarded, and shall cause light sufficient for the warning of passengers to be set up and kept there for every night during which such road or pavement shall be continued open or broken up. 5. 1889. 53° VIC. 39 Broken Hill and District Water Supply Company. 8. The Company shall not be liable (in the absence of express Company not linble stipulation under any agrecment for the supply of water) to any penalty as rade or damages for not supplying such water if the want of such supply arises from unusual drought or other unavoidable cause or accident. 9. The Company may supply any person with water for domestic Agreements tosupply or other purposes, by measure or otherwise, at such rates, to be declared water, fixed and published by them (subject to the provisions hereinafter con- tained), upon such terms, and subject to such conditions as may be agreed upon by the Company and the person requiring to be supplied. 10. The Company may let for hire to any consuuncr of water Company may let supplied by measure any meter or instrument for measuring the ™* quantity of water supplicd and consumed, and any pipes and apparatus for the conveyance, reception, or storage of the water, for such remu- neration in money as may be agreed upon between the Company and the consumer, which shall be recoverable in the same manner as rates due to the Company for water. 11. Such meters, instruments, pipes, and apparatus shall not be Meters of Company subject to distress for rent of the premises where the same are used, or Pt "stainable. to be attached or taken in execution under any process of any Court of Law or Equity, or under or in pursuance of any sequestration or order in bankruptey or other legal proccedings against or affecting the con- sumer of the water, or the occupicr of the premises, or other the person in whose possession the meters, pipes, instruments, and apparatus may he. 12. very person who shall have agreed with the Company for Meters to be supplied a supply of water by measure shall, at his own expense, unless he hire and | nraintained by a meter from the Company, provide a meter, and keep and maintain : 'the same in good working condition to the satisfaction of such officer as may be appointed by the Company; and in the event of any repairs being required, notice in writing shall be immediately given by such person to the Company, and a registration of the quantity of water used shall be taken before such repairs are effected. 13. Every person requiring to remove or alter the position of Noticeof removal, &e any meter shall leave six days notice in writing to that effect at the of meter registered or local office of the Company, hercinafter mentioned, and a registration of the quantity of water shall be taken before such removal or alteration is made. 14. If any person shall neglect or delay to have such meter Water may be cut of properly repaired and put in correct working order, after having been * meter not in order, required by any officer of the Company so to do, the Company may shut off the supply of water from the premises of such person, either by cut- ting the service pipe or otherwise, until such meter shall have been pro- perly repaired and certified by some officer of the Company as being in proper working order. 15. If any plumber or other person fix or refix any meter upon Penalty for fixing any premises supplied with water by the Company without having weerliied meter lirst obtained a ecrtificate from the Company that the said mcter has been examined and found in correct working order, he shail, for such offence forfeit a sum not exceeding ten pounds. 16. If any person remove or alter the position of, or in any way For removing or interfere with any meter without giving such notice as aforesaid, he vying meter shall, for such offence, forfeit a sum not exceeding twenty pounds. Provided that the Company shall always have an office in the district of Broken ILill and shall register the same at the Council Chambers of the Municipal Council at Broken Jill. 17. The officers of the Company may entcr any house, building, Power of officers of or lands, to, through, or into which water is supplied by the Company Sompary te inspect by measure, in order to inspect the meters, instruments, pipes, and apparatus for the measuring, conveyance, reception, or storage of water, or for the purpose of ascertaining the quantity of water supplicd or consumed ; Supply of water for public purposes, Company to place public fire-plugs in main. Fire-plugs for manufactorics, &e. Pipes to be kept charged, and water taken for fires, Penalty for refusal to fix, &e., fire-plug or failure to supply water, 53° VIC. Broken Hill and District Water Supply Company. 1889. consumed ; and may from time to time enter any house, buildings, or lands for the purpose of removing any meter, instrument, pipe, or apparatus the property of the Company ; and if any person hinders any such officer from entering or making such inspection or effecting such removal, he shall for each such offence be liable to a penalty not exceeding five pounds, but execpt with the consent of a Justice a power of entry shall be exercised only between the hours of ten in the forenoon and four in the afternoon. 18. In all the pipes to which any fire-plug is fixed, the Com- pany shall provide and keep constantly laid on for use, unless prevente by unusual drought or other unavoidable accident, or during necessary repairs, a sufficient supply of water for the following purposes (tha is to say), for cleansing the sewers and drains, for cleansing an watering the strects, and for supplying any public hospitals or 'char table institutions, or any public pumps, baths, and wash-houses that may be established for the use of the inhabitants, and paid for out of any municipal rates; and such supply shall be provided at such rates and charges and upon such terms and conditions as may be agreed on by the said Municipal Council and the Company, or, in case of dis agreement, as shall be settled by arbitration in the manner providec by the Arbitration Act. 19. The Company, at the request of the said Municipal Council shall fix proper fire- at such convenient plugs in the main and other pipes belonging to them distances and at such places as they may consider proper and convenient for the supply of water for extinguishing any tire that may brea to time renew and shall put up a pub k out within the said District, and shall from time keep in effective order every such fire-plug; and ic notice on some conspicuous place in each street, on which such fire-plug is situated, showing its situation, and such notice may be put up on any house or building in such street; and as soon as such fire-plug is completed they shall deposit a key thereof in each place where any public fire engine is kept. The cost of such firc- plugs and the expense of fixing, pla reing, and maintaining the same in repair, and of supplying such keys as aforesaid shall be defrayed by the said Municipal Council. 20. The Company shall at the request and expense of the owner or occupier of any manufactory or works situated in or near any street, or road in which or within two hundred yards of which there shall be a pipe of the Company, place and maintain a fire-plug (to be used only for extinguishing fires) as near as conveniently may be to such manufactory or works. 21. The Company shall at all times keep charged with water all their pipes to which fire-plugs are fixed unless prevented by drought or other unavoidable cause or accident or during necessary repairs, and shall allow all persons at all times to take and use such water for the purpose only of extinguishing fire without making compensation for the same. 22. If, except when prevented as aforesaid, the Company neglect or refuse to fix or repair such fire-plug, or to furnish to the said Municipal Council a sufficient supply of water for the public purposes aforesaid, on such terms as shall have been agreed or settled as aforesaid, or if, except as aforesaid, they neglect to keep the pipes charged as aforesaid, or neglect or refuse to fur nish any owner or occupier li iable to be rated under this Act during any part of the time for which such rates have becn paid or tendered, they shall be liable to a penalty of twenty pounds, and shall also forfeit to the said Municipal Council, or to every person having paid or tendered the rate, the sum of twenty shillings for every day during which such refusal shall continue after notice in writing shall have been given to the Company of the want of supply. 23. 1889. 53° VIC. 41 Broken Hilt and Distr ict Water Supply Company. 23 "Any owner or oceupier of any dwelling-house, or part of & Pipes laid by owners dwelling-house, situate within the water district who shall wish t tO eis tly have water from the water-works of the Company brought on to his servico pipes. premises, and who shall have paid or tendered to the Company the portion of water rate or charge in respect of such premises by this Act directed to he paid in advance, may open the ground between the pipes of the Company and his premises, having first obtained the sonsent of the owners and oceupiers of such ground, and lay any pipes from such premises to communicate with the pipcs of the Company. 24, Such pipes shall be of a strength and material approved. Of Notice to Company by some officer of the Company, and every such owncr or occupicr of laying pipes. shall, before he begins to lay any such pipe, give to the Company two days notice of his intention so to do. 25. Before any pipe is made to communicate with the pipes Communication with of the Company the person intending to lay such pipes shall give two pipes of Company to days notice to the Company of the day and hour when such pipe is Superintendence of intended to be made to communicate with the pipes of the Company, Sever and every such pipe shall be so made to communicate under the superintendenee and according to the directions of the surveyor, engineer, or other officer appointed for that purpose by the Company, and the bore of such pipe shall not exceed three- quarters of an inch, Bore of service pipes. except with the consent of the Company. 26. Any person who shall have laid down any pipe or other Service pipes may be works, or who shall have become the proprictor thercof, may remove Temoved after giving the same after having first given six days notice to the Company of his ' intention so to do and of the time of such proposed removal, and every such person shall make compensation to the Company for any injury or damage to their pipes or works which may be caused by such removal. 27. Any such owner or cecupicr may open or break up so Power to break up much of the pavement of any strect as shall he between the pipes of Pevemen™ the Company and his house, building, or premises, and any sewer or drain therein for any such purposes as aforesaid (doing as little damage as may he and making compensation for any damage done in the execu- tion of such work). Provided always that every such owner or oceupier desiring to break up the pavement of any street, or any sewer, or drain therein, shall be subject to the same necessity of giving previous notice, and shall be subject to the same control, restrictions, and obligations in, and during the time of breaking up the same, and also reinstating the same, and to the same penalties for any dclay in regard thereto as the Company are subject to under the provisions of this Act. 28. If any person supplicd with water by the Company wrong- In case of any breach fully does, or causes or permits to be done, anything in contravention Ket wafer ney becut of any of the provisions of this part, or w vongfully { fails to do any- off thing which under any of these provisions ought to be dene for the prey 'ention of the waste, misuse, undue consumption, or contamination of the water of the Company, the Company may (without prejudice to any remedy against him in respect thereof) cut off any of the pipes by or through which water is supphed to him or for his use, and may cease to supply him with water so long as the cause of injury remains or is not remedied. 29. If any person supplied with water by the Company wilfully Penalty for waste of or negligently causes or suffers any pipe, valve, cock, cistern, bath, ™* soil-pan, water-closet, or other apparatus or receptacle to be out of repair, or to be so closed or contrived that the water supplied to him by the Company is or is likely to be wasted, misused, unduly consumed or contaminated, or so as to occasion or allow the return of foul air or other noiscme or impure matter into any piy:e belonging to or connected with the pipes of the Company, he shall for every such offence be liable to a penalty not exceeding five pounds. 30. 42 53° VIC. 1889. Broken Hill and District Water Supply Company. Penalty for misappli- 30. If any person having from the Company a supply of water cation of water. use such water for any purpose other than that for which he is entitled to use the same he shall for every such offence be liable to a penalty not exceeding forty shillings without prejudice to the right of the Company to recover from him the value of the water misused. No pipe to be fixed to 31. It shall not be lawful for the owner or occupier of any without pennission premises supplied with water by the Company, or any consumer of of Company. the water of the Company, or any other person, to affix, or cause, or permit to be affixed, any pipe or apparatus to a pipe belonging to or used by such owner, occupier, or consumer, or any other person, or to make any alteration in any such communication or service pipe, or in any apparatus connected therewith, without the consent in every such case of the Company; and ifany person acts in any respect in contravention of the provisions of the present section, he shall, for every such offence, be liable to a penalty not exceeding five pounds, without prejudice to the right of the Company to recover damages from him in respect of any injury done to their property, and without prejudice to their right to recover from him the value of any water wasted, misused, or unduly consumed. Penalty for unlaw- 32. If any person, not being supplied with water by the Com- fully taking water. Hony, wrongfully takes or uses any water from any reservoir, water- course, conduit, or pipe belonging to the Company, or from any pipe leading to or from any such reservoir, watercourse, conduit, or pipe, or from any cistern or other like place containing water belonging to the Company, or supplicd by them for the use of any consumer of the water of the Company, he shall for every such offence be liable to a penalty not exceeding five pounds. Inspection of water, 33. The surveyor, engineer, or other person appointed for that purpose by the Company, may, between the hours of ten o'clock in the forenoon, and four o'clock in the afternoon, enter into any house or premises supplied with water by the Company, in order to examine if there be any waste or misuse of such water; and if such surveyor, engineer, or other person, at any such time be refused admittance into such house or premises for the purpose aforesaid, or be prevented from making such examination as aforesaid, the Company may turn off the water supplied by them from such house or premises. Polluting the water. 34. If any person bathe in any channel, reservoir, or other water- Penalty for bathing. orks belonging to the Company, or wash, throw, or cause to enter therein, any dog or other animal, he shall for every such offence forfeit a suum not exceeding five © pounds. Penalty for throwing 35. If any person throw or convey, or permit or cause to be dirt therein, thrown or conveyed, any rubbish, dirt, filth, or other noisome thing, into any such channel, reservoir, aqueduct, or other water-works as aforesaid, or wash or cleanse therein any cloth, wool, leather, or skin of any animal, or any clothes or other thing, he shail for cach offence forfeit a sum not exceeding ten pounds. Penalty for letting 36. If any person cause the water of any sink, sewer, or drain, foul water flow steam-engine, boiler, or other filthy water belonging to him or under his control to be run or to be brought into any channel, reservoir, aqueduct, or other water-works belonging to the Company, or shall do any other act whereby the water of the Company shall be fouled, he shall for each offence forfeit a sum not exceeding twenty pounds, and a further sum of twenty shillings for cach day (if more than one) that such offence continucs. Penalty for per- 87. Any person making or supplying gas within the limits of prodced in ning the water district, who shall at any time cause or suffer to be brought gas to flow into the to the water of the Company, or into any drain communicating thore- water. with, any substance which shall be produced i in the making or "supply - ing gas, or who shall wilfully do any act connected with the making or 1889. 53° VIC. Broken Hill and District Water Supply Company. or supplying of gas whereby the water in any such reservoir, aqueduct, or other water- " orks shall be fouled, or the pipes or conduits thereof injured, shall forfeit to the Company a sum not exceeding twenty pounds, to be recovered with full costs of suit for cach day during which such substance shall be brought or shall flow as aforesaid, or during which the act shall continue by which such water is fouled, after the ex