New South Wales: Broken Hill Water Supply Act 54 Vic (NSW)

o4 54' VIC. 1890. ~ Broken Hill Water Supply. wees An Act to enable the " Barrier Ranges and —_ Broken Hill Water Supply Company (Limited)" to establish a system of Water Supply within the District of Broken Hill and Silverton, and to confer upon the said Company certain powers and authorities. [17th December, 1890.] Preamble, VA 7TIEREAS it is expedient that the District of Broken Hill and Silverton should be provided with an adequate supply of water. And whereas a Company, undcr the name and style of the "Barrier Ranges and Broken Hill Water Supply Company (Limited)," has been formed for the purpose of establishing works to afford such a supply. Be it therefore enacted by the Queen' s Most Excellent Majesty, by and with the advice and consent of the Legisla- tive Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :— Short title. 1. This Act may be cited as the " Broken Ilill Water Supply Act." Its provisions being arranged under Four Parts, embracing the following subjects— PART I.—Preliminary. PART IL— Provisions as to water supply. PART IIl.—The acquisition and occupation by the Company of lands for purposes of water supply—ascerlainment of compen- sation in respect thereof. PART IV.— Miscellaneous provisions—Legal procedure. Interpretation of terms. And in the construction of this Act the following words and expres- sions in inverted commas shall, unless there be something in the context repugnant thereto or inconsistent therewith, bear the meanings and include the persons or things hereby respectiv cly set against such words and expressions, that is to say :— "Central Authority'—The Minister for Public Works or the Minister charged with the administration of this Act. " Company "—'The said * Barricr Ranges and Broken Hill Water Supply Company (Limitcd)," its "representatives or assigns, owners for the time being of the Broken Hill Waterworks. "Conduit" —The canals, tunnels, aqueducts, cuttings, or pipes, by means of which the water is supplicd. "Crown Lands'"—Lands within the meaning of the "Crown Lands Act of 1884" and any Acts amending the same. " District''— All the districts which are now included within the District of Broken Hill and Silverton, and within the area as described in the First Schedule hereto. " Governor'"—The Governor, with the advice of the Executive Council. ace, * Owner'— Any person who is in the receipt of the rents and profits of any house, manufactory, or buildings of whatsoever kind, or of any land within the District. " Street?" — 1890. of? VIC. Broken Hill Water Supply. "Strect"'— Any square, court, alley, highway, railway, tramway, lane, road, thoroughfare or other passage, footpath, or place, whether public or private, within the District. "Water District"—The area within which water is authorized to be supplied to the inhabitants of the District. PART I. Preliminary. 2. Before the Company shall put into foree any of the pro- visions contained in this Act 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 the least in each of three (x1) consecutive weeks in some local newspaper circulating in the District, a notice describing shortly the nature of the undertaking in respect of which it is proposed to take any lands, naming the Broken Hill Court-house as the place where a plan of the proposed undertaking may be seen at all reasonable hours, and stating the quantity of lands required, The Company shall serve a printed or written notice on every owner or reputed owner, lessee or reputed lessee, and occupier of such lands, defining in cach case the particular lands intended to be taken, and requiring an answer to be given within thirty days, stating whether the person so served assents, dissents, or is neutral, in respect of taking such lands. (411) On compliance with the provisions of this section with respect to notices, the Company may, if it thinks fit, present a petition to the Governor, and such petition shall state the lands intended to he taken, and the purposes for which they are required, and the names of the owners, lessces, and occupiers of lands who have assented, dissented, or are neutral, in respect to the taking such lands, or who have returned no answer to the notice. And it shall pray that the Company may, with referenee to such lands, he allowed to put in force the powers contained in Part ITD of this Act with respect to the acquisition of lands otherwise than by agreement, and such prayer shall be supported by such evidence as the Governor may require. (tv) On the receipt of such petition, and on due proof of the proper notices having heen published and served, the Governor shall take such petition into consideration, and may cither dismiss the same or direct a local inquiry, at the cost of the Company, as to the propriety of assenting to the prayer of such petition, but until such inquiry has been made no provisional order shall be made affecting any lands without the consent of the owners, lessees, and occupiers 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, otherwise than by agreement or any of them, and either absolutely Conditions prior to acquisition of lands. Authority to construct water- works, Penalty for obstruct- ing construction of works, 54° VIC. 1890. Broken Hill Water Supply. 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 person in which and on whom notices in respect of such lands are required to be served. PART II. Procisions as to Water Supply. 3. Subject to the provisions of this Act, and within the srca as described in the First Schedule hereto, the Company may, subject. to the approval of the Governor, exercise any of the powers in this Part contained for the construction of water-works for the supply of water to the Municipal District of Broken Tlill, and to any Municipal District or Borough which may be established within or partly within the boundaries of the catehment areca as defined in the First Schedule, and for the purpose of carrying out the provisions of this Act the Com- pany may (1) Enter upon any lands and take levels of the same, and sct out such parts thereof as it shall think necessary. (11) Enter upon, take, and hold such land, after having paid, as hereinafter provided, the owners thereof compensation for the same as it may from time to time deem necessary for the construction and maintainance 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 purposes of this Act. (111) Under such superintendence, and subject to such consent, as are hereinafter specified enter upon any Crown or private lands, streets, roads, or thoroughfares, and lay or place therein any pipes, and may repair, alter, or cut off, or remove the same, and under such superintendence, and subject to such consent as aforesaid, may enter upon any such lands, streets, roads, or thoroughfares, for the purpose of repairing any water- courses, or other works, being its property or under its control. Provided always that in the exercise of any of the powers hereby conferred, the Company shall inflict as little damage as may he, 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 it, and shall make full compensation to all parties interested, for all damage sustained by them through the exercise of such powers, It shall 'not be lawful for the Company to exercise any of the powers conferred upon it by this Act until the plans or scheme for the proposed work shall have been first approved by the Governor, and such approval duly notified in the Gazelle. Provided also that nothing in this Act contained shall prejudice or affect the rights and privileges of any Municipal District or Borough now or hereafter to be established within the area deseribed in the First Schedule hereto. 4. Every person who shall wilfully obstruct any person acting under the author ity 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 alter the position of any level, or destroy or injure any works so undertaken as aforesaid, shall incur a penalty not exceeding ten pounds for every such offence. 5. 1890. 54 VIC. 37 Broken Hill Water Supply. 5. If any person unlawfully and maliciously destroy or damage, Penalty for destroy: or attempt to destroy or damage, any reservoir, dam, tank, tunnel, ig vor watercourse, drain, sluice, main, pipe, aqueduct, bridge, road, way, or engine, or any 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. Subject to the provisions of this Act the Company may Power to open open and break up the soil and pavement of the several streets and bridges within the limits of the district, and may open and break up any sewers, drains, or tunnels within or under such streets and bridges, and lay down and place within the same limits, pipes, conduits, service pipes, and other works and engines, and from time to time repair, alter, 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 included within the said limits. Before the Notice to be given Company proceed to open or break up any pavement, street, road, tre broken tne? sewer, drain, or tunnel, or to interfere with, divert, or alter any pipe not their own, or any wire used for transmission of electricity, bridge, or culvert, they shall give to the local authority under whose manage- ment or control the same may he, and, in the case of a pipe or wire, to the owners thereof, or their local representative, notice in writing of their intention to open and break up, or otherwise to interfere with the same, not less than seven clear days before beginning the work, except in cases of emergency, arising from accidents to, or defects in, the pipes, or other works, the property of the Company, and then so soon as is possible after the necessity for the work shall have arisen. 7. When the Company shall open or break up the road, path, Reinstatement of or pavement of any strect or bridgc, or any sewer, drain, or tunnel, reels: culyert-pipe wire, it 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 to the satisfaction of the local authority or its officer the road, path, or pavement of the sewer, drain, tunnel, culvert-wire, or pipe, so opened or broken up, and earry away the rubbish occasioned thereby. And shall at all times whilst any such road or pavement shall be so open or broken up cause the same to be feneed and guarded, and shall cause light sufficient for the warning of passengers to be sct up and kept there for every night during which such road or pavement shall be continued open or broken up. No such Streets, &., to be pavement, strect, road, sewer, drain, tunnel, pipe, wire, bridge, or nein ander culvert, shall be opened, broken up, or interfered with, except in cases local authority. of emergency, as aforesaid, and execpt as hereinafter provided, exeept under the superintendence of the local authority having the control thereof, or its officer; and according to such plan as shall be approved of hy the local authority, the Company shall make such temporary or other works as may be necessary for guarding against any interruption of the drainage traffic, access, or other public right and convenience during the continuance of the operations. And in the case of interference with any pipe, not the property of the Company, or any wire used for the transmission of electricity, the owners of which may intimate their desire to have the work, temporarily or permanently, of severing, altering, or restoring their pipes or wires, effected by their own employees, or with their own material, the Company shall afford every facility to such employees, and shall accept and use such material, paying to such owners the actual reasonable cost of labour and material disbursed by such owners, and in default of the Company making such payment when called upon so to do, the owners aforesaid shall be entitled to recover the amount due by summary process in accordance with the provisions of this Act. 8. Temporary diversion of water. Agreements to supply water, Company not liable for accidental failure to supply water. Company may let: metera. Meters of Company not distrainable. Meter to be supplied and maintained hy consumer. 54° VIC. 1890. Broken Hill Water Supply. 8. For the purposes of this Act, and subject to the approval of the Governor, the Company may, from time to time, after the expira- tion of thirty days notice in some newspaper published and circulated in the District of Broken Hill of their intention to apply for the powers hereinafter in this section contained, divert or alter temporarily any part of the course of any creeks, watercourses, roads, streets, or ways, in order the more conveniently to exercise any of the powers conferred upon the Company ; but shall first provide sufficient substitutes for any ereck, watercourse, road, street, or way, while so interfered with, and shall maintain the same during such time at their own expense in good order. For the purposes of this Act,and subject to the approval aforesaid, the Company may construct weirs and dams in any creck or water- course, cut drains and deliver into or take water from, and embank, widen, or deepen any creek, watercourse, lagoon, or swamp within the catchment area of Stephen's Creck, as defined in First Schedule, pro- vided always that such works shall not interfere with any existing rights, nor with the construction hereafter by any person of other necessary works approved by the Governor for providing water supply for domestic use, or for live stock, or for mining or manufacturing, or other purposes, provided however that the Company shall pay to the Colonial 'lreasurer such yearly sum, by way of rent, as the Local Land Board may determine, in accordance with the provisions of the 'Crown Lands Act of 1884" and any Acts amending the same in consideration of any such concession to be conferred under this Act. 9. The Company shall supply water for domestic or other pur- poses, by measure or otherwise, at such rates, upon such terms, and subject to such conditions as may be agreed upon by the Company and the person requiring to be supplied. Provided always that the Com- pany shall not be entitled to withhold water from any person, unless such person be in arrears with his payment, or shall have been convicted of misapplication of water, and the Company shall not charge for water any person a greater rate than other persons are charged under like conditions. 10. The Company shall not be liable (in the absence of express stipulation under any agreement for the supply of water) to any penalty or damages for "not supplying or continuing to supply such water if the want of such supply arises from unusual drought or other unavoidable cause or accident or from necessary repairs. 11. The Company may let for hire to any consumer of water supplied by measure any meter or instrument for measuring the quantity of water supplied 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. 12. Such meters, instruments, pipes, and apparatus shall not be subject to distress for rent of the premises where the same are used, or be liable 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 insolvency, or other legal proceedings against or affecting the consumer of the water, or the occupier of the premises, or other the person in whose possession the meters, pipes, instruments, and apparatus may be. 13. Every person who shall have agreed with the Company for a supply of water by measure shall, at his own expense, unless he hire 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 inthe event of any repairs being 1890. of? VIC. 39 Broken Hill Water Supply. being required, notice in writing shall be immediately given by such person to the Company, and a registration of the quantity uscd shall be taken before such repairs are effected, 14. The officers of the Company may enter any house, building, Power to officers of or lands, to, through, or into which water is supplied by the Company Company to inspect hy measure, in, or 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 supplied or consumed, or to examine if there be any waste or misuse of such water; and may from time to time enter any house, building, 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 entcring or making such inspection or effecting such removal, he shall for cach such offence be liable to a penalty not exceeding five pounds, but except with the consent of two Justices a power of entry shall be exercised only between the hours of nine in the forenoon and six in the afternoon. 15. In all the pipes to which any fire-plug is fixed, the Com- Supply of water for pany shall provide and keep constantly laid on for use, unless prevented PY?" Purpose by unusual drought or other unavoidable accident, or during necessary repairs, a sufficient supply for the following purposes (that is to say), for supplying any public hospitals or charitable institutions, or any public pumps, baths, and washhouses 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 upon such terms and conditions as may be agreed upon by any Municipal Council and the Company, or, in case of disagreement, as shall be settled by two Justices. Provided that hospitals and charitable institutions shall be provided with water without charge. 16. The Company, at the request of any Municipal Council in Fee-rivas, the Borough of which it shall construct its works or any of them, Company to place shall fix proper fire-plugs in the main and other pipes belonging to it public five-plugs in at such convenient distances and at such places as it may consider mans: proper and convenient for the supply of water for extinguishing any fire which may break out within any such Borough, and shall from time to time renew and keep in effective order every such fire-plug ; and shall put up a public notice in some conspicuous place in each street in which such fire-plug is situated, showing its situation; and such notice may be put up on any house, wall, fence, or building in such strect ; and as soon as such fire-plug is completed, the Company shall deposit a key thereof in cach place where any public fire-engine is kept. 'The cost of such fire-plugs and notices, and the expense of fixing, placing, and maintaining the same in repair, and of supplying such "keys as aforesaid, shall be defrayed by the Municipal Council in which the same may be. And no supply of water from such fire-plugs shall be taken for any other purpose than that of extinguishing fires, unless such purpose be allowed in writing by the Company. 17. The Company may at the request and expense of the Fire-plugs for owner or occupier of any manufactory or works situated in or near any ™"" stores street or road in which or within two hundred yards of which there shi all be a pipe of the Company, place and maintain in effective order a fire- plug (to be used only for extinguishing fires) or near as conveniently may be to such manufactory or works. 18. 'The Company shall at all times keep charged with water all Pipes to be kept . ra . 2 a charged, and water its pipes to which fire-plugs are fixed unless prevented by drought or taken for fires. 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. 19. 40 54 VIC. 1890. Broken Hill Water Supply. Penalty for refusal 19. If, except when prevented as aforesaid, the Company to fix hre-plugs, or neglect or refuse to fix, retain, or repair such fire-plug, or to furnish to of supply of water. such Municipal Council a sufficient supply of water for the public pur- poses aforesaid, upon such terms as shall have becn agreed on or settled as aforesaid, or if, except as aforesaid, it neglects to keep its pipes charged as aforesaid, or neglects or refuses to furnish water to any owner or oceupicr liable to be rated under this Act during any part of the time for which such rates have been paid or tendered, shall be liable to a penalty of fifty pounds, and shall also forfeit to any such Municipal Council, or to every person having paid or tendered the rate, the sum of twenty shillings for every day during which such refusal or neglect shall continue after notice in writing shall have been given to the Company of the want of supply. Company may make 20. Subject to the provisions of this Act, the Company may, regulations. from time to time, make, amend, and repeal regulations for or relating to all or any of the following subjects :— (1) The supply of water to the owner or oceupicr of any house, factory, or land; (11) The rate at which water shall be sold, and the time of payment for the same ; (11) 'The prevention and remedying of waste, undue consump- tion, fouling or contamination of the water contained in or supplied from any part of the Company's works ; (tv) The protection of the water and ev ery part of the works from trespass and injury ; (v) The imposing of penalties for any breach of any regulation by this Act authorized to he made by the Company, not exceeding for any offence the sum of fifty pounds; and (vr) Generally for duly administering and carrying out the powers given to the Company. And such; 'regulations shall, upon being approved by the Governor and published in 'the Ga zclte, be valid in law. Maxiznun price of 21. The price to 'be charged by the Company for water sold water, shall in no case exceed sixpence per hundred gallons. Prorecrion or THE 22. If any person supplicd with water by the Company wrong- Waren, fully does, or causes or permits to be done, anything in contravention Incase of any breach Of any of the provisions of this Act or of the regulations of the Com- ofthis part of this pany, or Ww rongfully fails to do anything w hich under any of those cut off. . provisions ought to he done for the prevention 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 supplied 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. Penalty for misuppli- 93, Tf any person— cation of water. (1) Not having from the Company a supply of water for other than domestic purposes, uses for other than domestic purposes any water supplied to him by the Company ; or (11) Having from the Company a supply of water for any purpose other than domestic, uses such water for any purpose other than those for which he is entitled to use the same,— he shall for every such offenee be liable to a penalty not exceeding forty shillings, w 'ithout prejudice to the right of the Company to recover from him he 'value of the water misused. Definition of 24, A supply of water for domestic purposes shall not includea domestic supply. supply to any stable, or for any manufacturing purpose, or for irrigation (which shall mean any mechanicalor artificial contrivance for conveying water to plants without labour), or for water-power, or for fountains or any 1890. 547 VIC. 41 Broken Hill Water Supply. any ornamental purpose. The Company shall at all times have the power to decide whether the supply of water to any person shall be by measure or otherwise. 25. If any person not being supplied with water by the Com- Penalty for utaw- pany wrongfully takes or uses any water from any reservoir, water- ly ins 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 supplied by it 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. 26. If any person bathe in any stream, drain, reservoir, aque- porwnsxa me duct, or other water-works belonging to the Company, or wash, throw, WaTER, or cause to enter therein, any dog or other animal, he shall for every penatty for bathing such offence forfeit a sum not execeding five pounds. in water of the Company. 27. The Company shall take all reasonable precautions, Dy protection of water fencing and otherwise, for the protection of the water supply from supply from pollution or contamination, and the Central Authority may at any Pollution &e- time require the Company to construct such works, or take such precautions, as he may deem necessary or advisable in the interests of the public health. If the Company neglect or fail to construct such works, or take such measures, within the time prescribed by such Authority, the said Company shall become liable to a penalty of not more than fifty pounds for every day after the expiration of such preseribed time. 28. If any person throw, convey, or cause or permit to be Penalty for throwing thrown or conveyed, any rubbish, dirt, filth, or other noisome thing, "rt therein. into any such stream, drain, 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 shall for cach such offence forfeit a sum not excecding twenty pounds. 29. If any person cause the water of any sink, sewer, or drain, Penalty for letting steam-engine boiler, or other filthy water belonging to him or under foul water flow his control to run or be brought into any stream, drain, reservoir, aqueduct, or other water-works belonging to the Company, or shall do ny other act whereby the water of the Company shall be fouled, he 1all for each such offence forfeit a sum not exceeding twenty pounds, nda further sum of twenty shillings for each day (if more than one) iat such offence continues. ; an 2 30. Every person or company making or supplying gas within Penalty for per- the limits of any water district who shall at any time cause or suffer Placed in wiek ing to be brought or to flow into any stream, drain, reservoir, aqueduct, Or gas to flow into ° water-works belonging to the Company, or into any stream or drain *°™* communicating therewith, any washing or other substance which shall be produced in making or supplying gas, or who shall wilfully do any act connected with the making or supplying of gas whereby the water in any such reservoir, aqueduct, or other water-works 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 each day during which such washing or other substance shall be brought or shall flow as aforesaid, or during which the acé shall continue by which such water is fouled, after the expiration in either case of twenty-four hours from the time when notice of the offence has been served on such person by the Company. 31. Whenever the water supplied by the Company shall be Penalty on gasmakers fouled by the gas of any person or company making or supplying gas ¢iushix water fo be within the district aforesaid, such person or company shall forfeit to the Company for every such offenee a sum not exceeding twenty d pounds, Power to examine gas-pipes to ascertain cause of water being fouled. The expense to abide the result of the examination. Proportion of profits to be applied towards reduction of charges. Any person re-cestab- lishing any conneec- tion with the main, unless authorized, or wilfully injuring any pipe, liable to a penalty. Where several houses supplied by one pipe, each to pay. of VIC. 1890. Broken Hill We aler Supply. pounds, and a further sum not exceeding ten pounds for each day during which the offence shall continuc after the expiration of twenty- four hours from the service of notice of such offence. 32. For the purpose of ascertaining whether the water of the Company be fouled by the gas of any person or company making or supplying gas within the said district, thé Company may dig up the ground and examine the pipes, conduits, and works of the persons or company making or supplying gas. Provided that before proceeding so to dig and examine, the Company shall give twenty-four hours' notice in writing to the person or company so making or supplying gas of the time at which such digging and examining is intended to take place, and shall give the like notice to the persons having the control or management of the pavements or place where such digging shall take place, and shall be subject to the like obligation of rein- stating the road and pavement, and to the same penaltics for dclay or any nonfeasance or misfeasance therein, as hereinafter provided, with respect to roads and pavements broken up by the Company for laying their pipes; and if upon such examination it appears that such water has been fouled by any gas belonging to such person or company the expenses of the digging, examination, and repairs of the strect or place disturbed in any such examination shall be paid by the person or company making or supplying gas; but if upon such cxamination it appears that the water has not been fouled by the gas of such person or company, then the Company shall pay all the expenses of the examination and repair, and also make good to the said person or company any injury which may be occasioned to his works by such examination. 'The Company shall apply three-fourths of any amounts received under the two last preceding sections in reduction of the charges for water supplicd to users from pipes between the point of contamination and the points of delivery, during the period of con- tamination for which the penalties have been inflicted, proportionately to the consumption of such users, and in the event of the Company neglecting or refusing to make such reduction, any user of water as aforesaid may recover the proportion due to him by swmmary process before two Justices. 38. Any person who shall, without the authority of the Com- pany, re-establish any connection which may have been cut off, removed, or severed by him, or who shall in any manner wilfully injure or tamper with any connection pipe, meter, cistern, ball-cock, stop-cock, or waste-pipe, which may have been approved by the Company, so as to destroy, diminish, or endanger its efficiency may be summoned for such offence before two Justices, and on conviction thereof shall be adjudged to pay the amount of the charges and expenses which the Company may have incurred (and whieh it is hereby authorized to incur) in repairing or restoring the same to a state of efficiency. Every such offender shall also forfeit and pay a penalty not exceeding ten pounds, and the amount of charges and expenses and penalty respectively shall, when recovered, be paid over to the Company. 34, Where scveral 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 right-of-ways 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 two-thirds 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 Company by a separate pipe. 35. 1890. 54 VIC. 43 Broken Hill Water Supply. 35. All steam-boilers and hot-water apparatus must be supplicd steam-boiters not to from cisterns without over-flow pipes, and no such boiler or apparatus connect directly wita shall in any way be connceted dircetly with the service pipe or main of the Company. It shall not be lawful for the owner or occupier of any premiscs supplied with water by the Company, or any conswmer of the water of the Company, or any other person to aflix, or cause or permit. to be affixed, any pipe or apparatus to a pipe belonging to or used hy such owner, occupier, consumer, or any other person, or to make any alteration in any such conncetion or service-pipe, or in any apparatus connected therewith, without the consent in every such case of the Company. And if any person acts in any respect in contravention of the provisions of the present section he shall for every such offenee be liable to a penalty not execeding five pounds, without prejudice to the right of the Company to recover damages from him in respeet to any injury done to its property, and w ithout prejudice to its right to recover from him the value of any water wasted, misused, or unduly consumed. 36. The char ecs for water and all sums due to the Company Charges and rates shall be paid by and be recoverable from the owner of the premises fer water payable in or the occupier or person requiring, recciving, or using the water." Exeept where water is supplied by measure, all rates for water shall he paid in advance by equal payments on the first day of January, April, July and October in each year, and the first payment shall he made when the water is first supplied. The rent payable for meters shall be payable in advance on the above-mentioned dates. 37. [f any person refuse or neglect to pay on demand to the Refusal to pay Company any rate, charge, or sum due by him to the Company under charges, this Act, the Company may recover the same with costs in any Court of competent jurisdiction. 38. Ifany tenant of any premises be called on to pay, and shall Tenant may recover pay a ereater amount of any rate, charge, or sum due to the Company payment oF excosstva under this Act than is due for the period of his occupancy, such tenant laying servievs, may deduct any sum so paid or recovered from the rent from time to time becoming due to the owner in respect of such premises, or after demand, may recover the same from the owncr of such premises. PART IIT. Acquisition and occupation by the Company of lands for the purposes of waler supply—ascertainment of compensation in respect thereof. 39. After the notification in the Gazelle, as hereinbefore pro- pands required for vided, of the approval by the Governor of a scheme for the supply of watersupply, how water to the said district, but not before the Company shall be" empowered to acquire or occupy lands for the purposes of such water supply in manner hereinafter provided, and compensation for every such acquisition or occupation of lands shall be ascertained and carried out as hereinafter provided. 40, It shall be lawful for the Company, by notification to De row and when lands published in the Gazefte and in one or more newspapers published ox be taken. circulating in the said town and suburbs to declare that the land deseribed in such notification is required for the purpose thercin expressed. 41. Upon the publication of the notification in the Gazette vesting of lands. declaring that the lands therein described are so required, such lands shall, upon compliance with the requirements and provisions hercin- after contained, be vested in the Company for the purposes of this Act. Provided, Vifect of publication upen Crown Lands. Compensation for private lands, Conversion of estate of proprictor of resumed land into a claim, Notice of claim for cor pensation. Claim and report thereon, 54f VIC. 1890. Broken Iili Water Supply. Provided, however, that the Company shall have no right or title to any mine or minerals, nor shall the said Company he entitled to inter- fere in any way with the working or management of any such mince or minerals as aforesaid, which may lie in, upon, or under any private or Crown Lands within the said catchment area, although the said lands may be vested in the Company for the purposes of this Act. 42, Where the land required is Crown Land at the date of such publication, or is vested in any corporation, or in any person on behalf of Her Majesty, or for any public purposes by virtue of any statute, or is within the limits with reference to centres of population prescribed by the "Crown Lands Act of 1884" or any Acts amending the same, the effect of such publication shall be to withdraw the said land (to the extent required) from any lease or license or promise thereof, and to cancel to the like extent any dedication or reservation of the said land however made, and to divest the estate of such corporation or person, and to vest the said land in the said Company for the purposcs of this Act for a lease of twenty-eight years at such rent as may be determined by the Local Land Board under the provisions of the "Crown Lands Act of 1884"? and the Acts amending the same. Provided, however, that nothing in this section contained shall have any effect or operation unless the approval of the Governor shall first: have been obtained with respect to the land so required, and the said Company shall have made such compensation and payments as the Local Land Board may detcrmine, subject to the provision of the "Crown Lands Act of 1884"? and any amendments of the same. 43. Where the land described in any such notification consists wholly or partly of land alienated by or not the property of the Crown, or is not Crown Land as defined by this Act, the owners thereof shall be entitled to receive such sum of money by way of compensation for the land so described as shall be agreed upon or otherwise ascertained under the provisions hereinafter contained. 44, The estate and interest of every person entitled to lands required under this Act, or any portion thereof, and whether to the legal or equitable estate therein, shall upon due payment of the amount of compensation tendered by the Company, and accepted by the owner, or assessed by the jury as hereinafter provided, be deemed to have been as fully and effectually conveyed to the Company as if the same had been conveyed by the persons legally or equitably entitled thereto by means of the most perfect assurances in the law. And every person shall upon asserting his claim, as hereinafter provided, and making out his title in respect of any portion of the said resumed lands, be entitled to compensation on account of such resumption in manner hereinafter provided. 45. Every person claiming compensation in respect of any land so required, or in respect of any work or other matter done under the authority of this Act, shall, within ninety days from the publication of such notification or at any time afterwards within such extended time as a Judge of the Supreme Court shall, upon the applica- tion of the claimant, appoint in that behalf, serve a notice in writing upon the Company, which notice shall set forth the nature of the estate or interest of the claimant in such land, together with an abstract of his title, and if he claims, in respect of damage, the nature of the damage which he has sustained or will sustain by reason of the taking of his land or of such work or matter as aforesaid, and such notice may be in form of the Second Schedule hereto, but with any modifications required by the nature of the claim. 46. Within sixty days after the receipt of every such notice of claim the Company shall cause a valuation of the land or of the estate or interest of the claimant therein to be made in accordance with the provisions 1890. of? VIC. Broken Hill Water Supply. provisions of this Act, and shall inform the claimant as soon as prac- ticable of the amount of such valuation by notice in the form of the Third Schedule hereto. 47. If within ninety days after the service of notice of claim the claimant and the company shall not agree as to the amount of compensation, the claimant shall be at liberty to institute proceedings in the Supreme Court in the form of an action for compensation against the Company. And any such action may be tricd before a Judge of the said Court or in any Circuit Cowt and a jury of four persons. Provided always that, upon proper application, either of the Company or of the claimant, a special jury of twelve may be sum- moned for trial of such action. Provided also that with the consent in writing of the Company and the claimant, any such action may be so tried at any time (to be mentioned in such consent) before the expiration of ninety days from service of the notice of claim for com- pensation, but not within fourteen days from service of the notice of valuation on such claimant. 48. The issue to be tried in any such action shall be whether the claimant is entitled to a larger sum by way of compensation than the amount of the valuation so made by the Company and notified to the claimant as aforesaid, and if so,to what sum. And if upon the trial of the said action the verdict shall be for a greater sum than the amount of the said valuation, the costs of the action shall be borne by the Company, but if the verdict shall be for a sum equal to such valuation then each party shall bear its own costs, or less than such valuation then the costs shall be borne by the claimant. 49, All moneys payable under this Act by way of compensation to any claimant, w hether under the verdict of a jury or otherwise, shall be paid, together with costs (if any) and interest at the rate of six pounds per centum per annum, within one month after the determin- ation of such compensation to the person lawfully entitled thereto, or to his agent duly authorized in that behalf in writing, but the claimant shall be bound to make out his title to the estate or interest claimed by him, in all cases where the claim is in respect of the deprivation of some estate or interest in land, and no interest shall be payable except from the time when such title shall have been made out. Provided that in the case of land under the surface taken for the purpose of constructing a subtcrrancan tunnel for water supply or sewerage, no compensation shall be allowed or awarded, unless the surface of the overlying soil be disturbed, or the support to such surface be destroyed, or injuriously affected by the construction of such tunnel, or unless any mines or underground workings in or adjacent to such land be thereby rendered unworkable or to be so affected as aforesaid. 50. The District Court shall, notwithstanding anything con- tained in the " District Courts Act of 1858," have jurisdiction to try any such action of compensation in any case where the whole amount of the claim in respect to such land served in pursuance of this Act does not exceed two hundred pounds, or if exceeding that amount in any case where the Company and the claimant by a memorandum signed by the Company and such claimant, or by the respective attorneys of the Company and the claimant agree thereto. Tor the purposes of this section, the provisions of the said District Courts Act and of any Act amending the same, together with all rules made or to be made thereunder, shall be deemed to apply to all proceedings taken in the said District Court, hereunder. 51. In estimating or assessing the compensation to he paid under this Act, regard shall be had by the valuatorsand by the jury (on any issue), not only to the value of the land taken by the Company, but also to the damage (if any) to be sustained by the claimant by reason of Compensation by action in Supreme Court, Issue in action of compensation verdict and costs. As to payment of compensation, Where claim may be prosecuted in District Court. Compensation how to be estimated. General power of entiy. Power to purchase lands by agreement, Parties under diss ability enabled to sell and convey and exercise other powers. 54 VIC. 1890. Broken Mill Water Supply. of the severing of the lands taken from other lands, or other injuries suffered by him by reason of the exercise of the powers expressed or incorporated i in this Act, and they shall assess the same according to what they shall find to have been the value of such lands, estan c, or interest, at the time of the resumption thereof, or the extent of the damage or injury sustained, but in making any such estimate or in assessing the compensation to be paid under this Act, any increased value which may be given to the adjacent lands of the same owner by reason of the water-works or water supply, shall be taken into consider- ation, and shall be dedueted from the compensation to be paid to the owner of the lands so taken. 52. Subject to the provisions of this Act it shall be lawful for the Company and for any officer there duly authorized in that behalf, and for all persons employed in the earrying out of any authorized works, and for any person authorized by the Company to enter upon the lands of any person whomsoever which the Company may require to purchase or take and to take possession and appropriate the same for the purposes of this Act, or of the execution of any such authorized works. 3. Notwithstanding anything hereinbefore contained, it shall be lawful for the Company, if it shall think fit, to agree with the owners of any lands, the acquisition of which is authorized by this Act, and with all parties having any estate or interest in such lands, or by this Act enabled to sell or convey the same, for the absolute purchase, for a consideration in money, of any such lands, or such parts thereof as shall be thought proper, and of all estates and interests in such lands of what kind soever. Provided also that it shall be lawful for the Company from time to time, and at all times hereafter, to lease any lands, or the right to use or occupy or enter upon any lands, for such term and upon such conditions as may be agreed upon. 54. It shall be lawful for all parties being seized, possessed of, or entitled to any such lands, or any estate or interest therein, to sell and convey orrelease the same to the Company, and to enter into all neces- sary agreements for that purpose, and particularly it shall be lawful for all or any of the following parties so scized, possessed, or entitled, as aforesaid, so to sell, convey, or release, that is to say, all corporations, tenants in tail or for life, married women seized in their own right, or entitled to dower, guardians, committees of lunatics and idiots, trustees, or feoffees in trust for charitable or other purposes, executors and administrators, and all parties for the time-being entitled to the receipt of the rents and profits of any such lands in possession, or subject to, any estate in dower, or to any 'lease for life or for lives and years, or for years or any less interest, and the power so to sclland conv cy or release as aforesaid, may lawfully be exercised by all such parties, other than married women entitled to dower, or lessees for life, or for lives and years, or for years, or for any less interest, not only on behalf of them- selves and their respective heirs, executors, administrators, and suc- cessors, but also for, and on behalf of, every person entitled in reversion, remainder, or expectancy, after them, or in defeasance of the estates of such parties, and as to such married women, whether they be of full age or not, as if they were sole and of full age, and as to such guardians on behalf of their wards, and as to such committees on behalf of the lunatics and idiots of whom they are the committees respectively, and that to the same extent as such wives, wards, lunatics and idiots respectively, could have exercised the same power under the authority of this Act if they had respectively been under no disability, and as to such trustees, executors, or administrators on behall of their cesdii que trusts, whether infants, issue unborn, lunaties, fee covert or other persons, and that to the same extent as such cestai que trusts respectively could have exe: cised the same powers under the authority of this Act if they had respectively 1890. 54 VIC. 47 Broken Hill Water Supply. respectively been under no disability, and the power hereinafter given to release lands from any rent-charge or incumbrance, and to agree for the apportionment of any such rent-charge or ineumbrance shall extend to, and may lawfully be exercised by every party hereinbefore enabled to sell and convey or release lands to the Company. 55. If the purchase moncy or compensation payable in respect Parchase money pay- of any lands or any interest. therein purchased or taken by the Com- able te parties under pany froin any corporation, tenant for life or in tail, marricd woman to "£200 to be depo- scized in her own right or entitled to dower, guardian, committee of sled with Master in lunatic or idiot, trustee, executor, administrator, or person having a "my partial or qualified interest only in such lands and not entitled to sel or conyey the same, except under the provisions of this Act, or the compensation to be paid for any permanent damage to such lands amount to or exceed the sum of two hundred pounds, the same shal be paid into thie hands of the Master in Equity, to be by him deposite: to the account of such Master in Equity ex parte the Company in the matter of A or B (the party entitled) pursuant to the method preseribec by any Act or by any rules, for the time being in foree, for regulating moneys paid into the Supreme Court in its Equitable Jurisdiction ; and such moneys shall remain so deposited until the same be applied to some one or more of the followin purposes, (that is to suy)— (1) In the redemption of the quit rent, or the discharge of any appli debt ov ineumbrance affecting the land in respect of which ™" such money shall have been paid, or affecting other lands settled therewith to the same or the like uses, trusts, and purposes ; or (11) In the purchase of other lands or of Government Debentures or other stock, to be conveyed, limited and settled upon the like uses, trusts and purposes and in the same manner as the lands, in respect of which such money shall have been paid, stood settled; or (11) Ifsuch money shall be paid in respect of any buildings taken under the authority of this Act, or injured by the proximity of any work,—in removing or replacing such buildings or substituting others in their stead, in such manner as the Supreme Court or the Primary Judge in Equity shall direct; or (tv) In payment to any party becoming absolutely entitled to such money. 56. Such money may be so applica as aforesaid upon an order oyaer for application of the said Court or Judge made on the petition of the party who and investment would have been entitled to the rents and profits of the lands in™°""""™ respeet of which such money shall have been deposited; and until the money can be so applied, it may, upon the like order, be invested by the said Master in Equity in the purchase of Government Debentures or real securities, and the interest, dividends, and annual proceeds thereof may be paid to the party who would, for the time being, have been entitled to the rents and profits of the lands. 57. (1) If such purchase money or compensation shall not guns trom £20 to amount to the sum of two hundred pounds and shall exceed the sum £200 fo be deposited of twenty pounds, the same shall either be paid to the Master in?" _ Equity to be by him deposited and applied in the manner hereinbefore directed with respect to sums amounting to or execeding two hundred pounds, or the same may be lawfully paid to two trustecs. (ar) Sueh trustees shall be nominated by the parties entitled to the rents or profits of the lands in respect whereof the same shall be payable, such nomination to be signitied by writing under the hands of the party so entitled. Tn ease of the coverture, infaney, limaey, or other incapacity of the parties entitled to such moneys, such nomina- tion may lawfully be made by their respective husbands, guardians, committees, or trustees, (111) OS rations of $ deposited, 48 of' VIC. 1890. Broken Hill Water Supply. (111) Payment of such moneys shall not be made to such trustecs as aforesaid unless the Company approve thereof and of the trustees named for the purpose. (tv) The money so paid to such trustees and the produce arising therefrom shall be by such trustees applied in the manner hereinbefore directed with respect to money deposited to the account of the Master in Equity; but it shall not be necessary to obtain any order of the Court for that purpose. Sums not exceeding 58. If such money shall not exceed the sum of twenty pounds, particn, pail to the same shall be paid to the partics entitled to the rents and profits of the lands in respect whereof the same shall be payable, for their own use and benefit ; or, in case of the coverture, infancy, lunacy or other incapacity of such parties, such moncy shall be paid for their use to the respective husbands, guardians, committees or trustees of such persons. All sums payable 59. All sums of money exceeding twenty pounds which may he ey cnotabaoltely payable by the Company in respect of the taking, using, or interfering entitled to be paid to With any 'lands under a contract or agreement with any person who Master in Equity OF shall not be entitled to dispose of such ands, or of the interest therein contracted to be sold by him absolutely for his own benefit, shall be paid to the Master in Equity or to trustees, in manner aforesaid. It shall not be lawful for any contracting party not entitled as aforesaid to retain to his own use any portion of the sums so agreed or con- tracted to be paid for or in respect of the taking, using, or interfering with any such lands, or in lieu of bridges, tunnels, or other accomo- dation works, or for assenting to or not opposing the taking of such lands ; but all such moneys shall be deemed to have been contracted to be paid for and on account of the several parties interested in such lands, as well in possession as in remainder, reversion, or expectancy. Provided always that it shall be in the diserction of the Judges of the Supreme Court, or the Chief Judge in Equity, or the said trustees, as the case may be, to allot to any tenant for life or for any other partial or qualified estate, for his own use, a portion of the sum so deposited or so paid to such trustees as aforesaid, as compensation for any injury, inconvenience, or annoyance which he may be considered to sustain, independently of the actual value of the lands to be taken and of the damage occasioned to the lands held therewith by reason of the taking of such lands and the making of the works. Payments made 60. All payments w hich shall be made in any of the cases under this Act aforesaid to the parties entitled under this Act to receive the same sufficient discharge . : ' tothe Company. = Shall be a good and valid discharge to the Company; and such Company shall not be bound or required to see to the application of any of the moneys paid to the Master in Equity or other person by virtuc hereof, or to see to the performance of any trusts. Court of Equity 61, Where any purchase money or compensation paid or depos- a rt ited pursuant to this Act shall have been paid in respect of any lease reapeet of leases or for a life or lives or years, or for a life or lives and years, or any estate reversions ag they way think just. in lands less than the whole {ce simple thereof, or of any reversion dependent on any such lease or estate, the said Court or Judge may, on the petition of any party interested in such money, order that the same shall be laid out, invested, accumulated, and paid in such manner as the said Court or Judge may consider will give to the parties interested in such money the same benefit therefrom as they might lawfully have had from the lease, estate, or reversion in respect of which such money shall have heen paid or deposited, or as near thereto as may be. Purchase morcy or, 62. If the owner of any lands taken or purchased under the certtin enece te paid. authority of this Act, or of any interest therein, on tender of the Paes tevin purchase money or compensation cither agreed or awarded to be paid "es in respect thereof, (1) Refuse to accept the same ; (11) 1890. 54° VIC. Broken Hill Water Supply. (11) Neglect or fail to make out a title to such lands or to the interest therein claimed by him, to the satisfaction of the Company ; (111) Refuse to convey or release such lands as directed by the Company ; Iv) Be absent from the Colony or cannot, after diligent inquiry, be found ; The Company may, if it shall think fit, deposit the purchase moncy or compensation payable in respect of such lands or any interest therein in the hands of the Master in Equity, to be by him "deposited as aforesaid to his account to the credit of the parties interested in such lands (describing them so far as he can do) subject to the control and disposition of the said Court. 63. Upon the application by petition of any party making claim to the money so deposited as last aforesaid or any part thereof, or to the lands in respect whereof the same shall have been so deposited, or any part of such lands, or any interest in the same, the said Court or Judge may in a summary way, as to such Court or Judge shall scem fit, order such money to be laid out or invested in the purchase of Government Debentures or real securities; or may order distribution thereof or payments of the dividends thereof, according to the respective estates, titles or interest of the parties making claim to such money or lands or any part thereof, and may make such other order in the premises as to such Court or Judge shall seem fit. 64, If any question arise respecting the title to the lands, in respect whercof such moneys shall have been so paid or deposited as aforesaid, the parties respectively in possession of such Jands as being the owners thereof or in receipt of the rents of such lands as being entitled thereto at the time of such lands being purchased or taken, shall be deemed to have been lawfully entitled to such lands, until the contrary be shown to the satisfaction of the Court; and unless, upon such inquiry as the Court shall think fit to direct, the contrary be shown as aforesaid, the parties so in possession and all parties claiming under them or consistently with their possession, shall be deemed entitled to the money so deposited, and to the dividend or interest of the securities purchased therewith, and the same shall be paid and applicd accordingly. G5. In all cases of moneys deposited under the provisions of this Act, except where such moneys shall have been so deposited by reason of the wilful refusal of any party entitled thereto to receive the same, or to convey or release the lands in respect whereof the same shall be payable, or by reason of the neglect of any party to make out a good title to the land required, the said Court or Judge may order the costs of the following matters, including therein all reasonable charges and expenses incident thereto, to be paid by the Company (that i is to say) the costs of— (1) The purchase or taking of the lands or which shall have been incurred in consequence thereof, other than such costs as are herein otherwise provided for ; (t1) The investment of such moneys in Government Debentures or real securitics and of the reinvestment thereof in the purchase of other lands ; (int) Obtaining the proper orders for any of the purposes aforc- said, andof the orders for the payment of the dividends and. interest of the securities upon which such moneys shall be invested, and for the payment out of Court of the principal of such moneys or of the securities whereon the same shall be invested ; (tv) Application of money so deposited, Party in possession to be deemed the owner. Costs in case of money deposited. Proceeding in ease of refusal to dcliver possession of lands. Power to redeem mortgages. Deposit of mortgage money on refusal to accept. 54° VIC. 1890. Broken Hill Water Suppiy. (iv) All proceedings relating thereto, except such as are occa- sioned by litigation between adverse claimants. Provided always that "the cost of one application only for reinvest- ment in land shall be allowed, unless it shall appear to the said Court or Judge that it is for the benefit of the parties interested in the said moneys that the same should be invested in the purchase of lands, in different sums and at different times; in which case the Court may, if it think fit, order the costs of any such investment to be paid by the Company. 66. If, in any case in which, according to the provisions of this Act, the Company is authorized to enter upon and take possession of any lands required for the purpose of the work, the owner or occupier of any such lands or any other person refuse to give up the possession thereof, or hinder the Company from entering upon or taking possession of the same, it shall be lawful for such a Judge of the Supreme Court upon application by the Company to issue his warrant to the Sheriff to deliver possession of the same to the person appointed in such warrant to receive the same. Upon the receipt of such warrant the Sheriff shall deliver possession of any such lands accordingly ; and the cost accruing, by reason of the issuing and execution of such warrant, to be settled by the Sheriff, shall be paid by the person refusing to give possession; and the amount of such costs shall be dedueted and retained by the Company from the compensation, if any, then payable to such party, or if no such compensation be payable to such party, or if the same be less than the amount of such costs, then such costs or the excess thereof beyond such compensation, if not paid on demand, shall be levied by distress, and upon application to any Justice for that purpose he shall issue his warrant accordingly. 67. (1) The Company may purchase or redeem the interest of the mortgagee of any such lands which may be required for the purposes of this Act; and that whether it shall have previously purchased the equity of redemption of such lands or not; and whether the mortgagee thereof be entitled thereto in his own right or in trust for any other party ; and whether he be in possession of such lands by virtue of such mortgage or not; and whether such mortgage affect such lands solcly or jointly with any other lands not required for the purposes of this Act. In order thereto, the Company may pay or tender to such mortgagee the principal and interest due on such mortgage, together with his costs and charges, if any, and also six montis' additional interest ; and thereupon such mortgagee shall immediately convey his interest in the lands comprised in such mortgage to the Company or as it shall direct. (it) The Company may give notice in writing to such mortgagee that it will pay off the principal and interest due on such mortgage at the end of six months, computed from the day of giving such notice; and if it shall have given any such notice, or if the party entitled to the equity of redemption of an