New South Wales: Menindie Irrigation Act 57 Vic (NSW)

Pew South Wales. ANNO QUADRAGESIMO SEPTATO VICTORIA REGINA. An Act to enable and authorise the Menindie Irrigation Settlement (Limited), a Com- pany duly meorporated under the Com- panies Acts of 1874 and i888 of the Colony of New South Wales, to establish a system of Irrigation and Water Supply within the counties of Menindie, Tandora, and Yaneo- winna,in the said Colony; to acquire lands; to establish Irrigation Works; to authorise the sale and supply of water for irrigation and domestic use; and to construct, make, and lay dams, weirs, or flood-gates upon or across the Menindie Creek and Lake, and the other ereeks mentioned herein, and to take water therefrom and from the river Darling, and for all other purposes which may be incidental thereto. [29th March, 1894. |] V HEREAS it is expedient and would be to the advantage of the inhabitants of the counties of Menindie and 'Tandora, and of the public generally, to establish a system, whereby the waters of lake Menindie and of the Darling River, in the Colony of New South Wales, may be conserved and utilised for irrigation and domestic use, and for watering stock, and for other purposes: And whereas certain Crown lands situated in the parishes of Jlume, Kars, Maiden, and Bellar, in the county of Tandora aforesaid, and more particularly deseribed in the Second Schedule hereto, are suitable for agricultural and horticultural purposes, if provided with a permanent a supply MENINDIE Tinication, Preamble, 2 57° VIC. 1894. Menindie Irrigation. supply of water: And whereas the Minister for Lands, as notified in the Gazette of the twenty-third day of July, one thousand cight hundred and ninety-two, has reserved from lease for Irrigation purposes part of the lands described in the Second Schedule hereto: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :— PART I. Preliminary Provisions. ' Short title. 1. This Act may for all purposes be cited as the '" Menindie Trrigation Act." Portions of Acts at 2. Nothing contained in the 'Municipalities Act of 1867," or variance with this. the " Country 'Towns Water and Sewerage Act of 1880," shall be con- strued to control, limit, or restrict the operation of this Act, or to interfere with its provisions in respect of the construction or mainten- ance of works, or the storage, distribution, or supply of water, or in respect of the: borrowing of money, or the fixing or levying of rates for water. Interpretation of 3. In the construction of this Act, unless the context requires terms, a different meaning, the expression— " Construct" means, when used with reference to any irrigation work, to build, erect, make, lay, form, place, excavate, or embank, or to perform any other operation or work in con- nection with the carrying out of the irrigation works authorised by this Act. * Crown Lands" means Crown Lands as defined by the " Crown Lands Act of 1884." "Domestic use," when employed with reference to water, means use for household and all other purposes, save for irrigation of gardens or land. " Gazette" means the Government Gazette. ** Governor " means the Governor with the advice of the Executive Council. *Trrigation'"' means the use of water for flooding, moistening, or watering lands for agricultural and horticultural purposes. " Trrigation Water Conservation Area"? means the Lake, Creeks, and Lands named and described in the First Schedule to this Act. « Trrigation Works"? means and includes all or any engines, pumps, boilers, machinery, plant, canals, channels, ducts, flumcs, pipes, water-gauges, water-meters, stop-cocks, ball-cocks, bridges, reservoirs, cisterns, dams, weirs, wells, flood-gates, filter-beds, culverts, tunnels, drains, acqueducts, sluices, stops, water-locks, outlets, cuttings, embankments, buildings, sheds, instruments, apparatus, appliances, works incidental thereto, and other works of every description for the purpose of obtaining, conserving, storing, lifting, conveying, measuring, distributing, or delivering water for irrigation or domestic use, or otherwise suitable to the purposes of an irrigation settlement. " Trrigation Cultivation Arca" means the lands and hereditaments described in the Second Schedule to this Act. * Justice'? means any Justice or Justices of the Peace. "Minister" means the Minister charged with the administration of this Act. © Owner" 1894. 57° VIC. Menindie Irrigation. * Owner" includes lessee or occupier and lessee or licensee under the Crown. "Person"? means any individual as well as any Corporation, Municipality, Borough, or other local authority. "Prescribed" means by this Act or by the regulations thereunder. * Private land" means any land which is not Crown land or which is hereinafter expressly referred to as private land. " Road" means a public road so constituted by reservation, pro- clamation, dedication, or otherwise, howsoever. The intervention of a road or water-course (not being a permanent river) shall not prevent holdings or lands being held to be " adjoining." " Regulations" means the regulations made under this Act. "Stock"? means and includes cattle, horses, sheep, and all other domestic animals. "The Promoters" means the said " Menindie Irrigation Settlement (Limited)," and the Assignecs of the said 'Company for the time being. And the Parts and sections of this Act arc arranged in the order Arrangement of parts and sections following, namely :— of Act. PART L.—Preliminary provisions.—ss. 1-3. PART Il.—Povers, duties, and liabilities of the Promoters.— ss. 4-45. PART II.—The reservation as an Irrigation Water Conserra- tion Area of the Lake, Creeks, and Lands described in the First Schedule hereto.—ss. 46-57. PART IV.—The occupation and acquisition by the Promoters af the Crown Lands described in the Second Schedule hereto.— ss. 58-61. PART V.—Zhe ascertainment and payment of compensation in respect of lands resumed and taken.—ss. 62-74. PART VI.—Wiscellaneous provisions-Legal procedure-ss. T15-S7. PART II. Powers, duties, and liabilities of the Promoters. 4. Subject to the provisions of this Act it shall be lawful for Powers of the Promoters. to exercise any of the following powers, that is to say :—- Pmt (1) To construct, upon and across the channels between Lake Menindic and the Darling River, and the channel between Lake Cawndilla and Lake. Menindie, or any of them, dams, weirs, flood-gates, or water-locks, or other irrigation works, for the purpose of conserving water in Lake Menindie, with the necessary offtakes and works, and to alter and maintain the same. (11) To construct and place irrigation works within or without the Areas described in the First and Second Schedules hereto for the purpose of conserving, raising, or otherwise dealing with any water authorised by this Act to be taken and used. (rir) To take or divert water from Lake Menindic, or from any ereek, channel, or water-course leading to or from the said Lake, or from the river Darling, and 'to cony ey to and dis- tribute the same within the Irrigation Cultivation Area or elsewhere Rights of the Crown preserved. Promoters to pay charges to Crown for water rights. a7" VIC. 1894. Meniniie Irrigation. elsewhere as hereinafter provided, in quantities not exceeding an average of one cubic foot per minute for every five acres of land intended to be irrigated under the provisions of this Act: Provided, nevertheless, that nothing contained in this Act shall authorise the use of water from the said river for any purpose, so as in any way to diminish the quantity to such an extent as to interfere with the navigation of the river, or reduce the discharge of the water of the said river below such minimum as the Governor shall from time to time prescribe by notification to be published by the Minister in the Gazette. (iv) After payment of compensation as hereinafter provided to widen or deepen, and use for drainage or any other purpose, any existing ereek, lagoon, swamp, or water-course within or leading to or from the areas described in the First and Second Schedules hereto; and also to enter upon, take, and hold any Crown or private lands, streets, roads, or thoroughfares, and to construct therein any irrigation works, and to maintain, repair, alter, cut off, or remove the same, and enter upon any such lands, streets, roads, or thoroughfares for the pur- pose of repairing any irrigation or other works being their property or under their control. (v) And without such compensation to enter into and upon any lands and take, lay down, and set out levels of the same for the purpose of constructing irrigation works: Provided that the natural supplics of water received under existing circum- stances by Lake Speculation and Lake Cawndilla from the river Darling shall not be diminished or rendered less useful, and that the Promoters shall have no right to the waters stored in Lake Speculation and Lake Cawndilla. 5. Nothing in this Act shall be construed to limit or in any yay interfere with the rights of the Crown to the general control of natural supplies of water; and the provisions of this Act shall be subject to the provisions of any gencral legislation to deal with water conservation throughout the Colony; and whenever it shall be deemed necessary in the public interest the Governor may on giving the Promoters six months' notice in writing of his intention so to do take possession and control of the whole or any part of the lands, works, goods, chattels, and funds at the time belonging to or vested in the Promoters, subject to all liabilities and obligations attaching to the same, and with all the powers hereby created ; and on publication of a notice in the Gazette, such lands, works, goods, chattels, and funds shall vest in the Crown. 'The claim of the Promoters to compensation, and all proceedings consequent thercon, and the assessment of compensa- tion shall be made and ascertained in the manner provided in the " Lands for Public Purposes Acquisition Act," and any Act amending or repealing it. G6. 'The Promoters shall make payment to the Crown of such amount in each year in name of charges for water rights as the Governor may from time to time prescribe, having regard to the cost of the Promoters' irrigation works and maintenance thereof, and in the event of any gencral legislation in reference to irrigation being here- after enacted the amount of such charges shall be in accordance with the rates, if any, fixed in or appointed by any such gencral legislation, but not exceeding one penny for every thousand cubic fect of water supplied by the Promoters to the Tivigation Cultivation Area or else- where from Lake Menindie, or from any creek, channel, or water-course leading to or from that lake, and not execeding twopence for every thousand cubic feet of water supplied as aforesaid from the river Darling. 7. 1894. 57' VIC. 5 Menindie Irrigation. 7. Any person authorised by the Minister in that behalf may Right of entry of at any time, except Sundays, between the hours of six in the morning Nrintster to inepeets> and six at night, enter the lands of the Promoters and view and inspect works. the irrigation works thereon, and any irrigation works belonging to the Promoters, and may take such steps as Phe may deem necessary to gauge the discharge and flow of water at any part of the works, 'and the Promoters shall afford to such person every facility for making such inspection. 8. Whenever any person employed by the Promoters in pur- Compensation for suance of this Act shall, while in the execution of his duties, cause games done by injury to land, fences, or other property, or shall cause loss or damage to any owncr of land or other property, the person suffering such injury, loss, or damage shall be entitled to be compensated by the Promoters. 9. The plans of any dams, weirs, culverts, bridges, or other Plans of dams, &e., works which may interfere in any way with the flow of any natural jhe submitted to channel, and a detailed description of all irrigation works shall be , submitted to the Minister, and must. receive his sanction before such works can be entered upon. 16. When any person claims compensation from the Promoters, Compensation, how on account of any injury, loss, or damage, and such claim is disputed settled. by the Promoters, "the compensation claimed shall be settled in manner provided in Part V of this Act in respect of claims for compensation made thereunder: Provided always that in the exercise of any of the powers hereby conferred the Promoters 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 actual damage sustained by them through the exercise of such powers. 11. The Promoters may open and break up the soil and pavement Power to open of any streets, roads, and bridges, and may open and break up sewers, "7°** drains, or tunnels within or under such streets and bridges, and lay down and place within the same or other limits, pipes, conduits, service pipes, and other works, and from time to time, repair, alter, or remove the same, and for the purposes aforesaid may remove and use the earth and materials in and under such strects, roads, and bridges, and do all other acts which the Promoters shall from time to time deem necessary for the construction and maintenance of irrigation works as authorised by this Act: Provided nevertheless that permission be obtained from respective municipal councils when such strects are outside the Irriga- tion Cultivation Arca. 2. When the Promoters shall open or break up the road or Reinstatements of pavement of any strect or bridge, or any sewer, drain, tunnel, or sets. waterpipe, they shall with all possible speed complete the work for the doing of 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, tunnel, or water-pipe so opened or broken up, and carry away the rubbish occasioned thereby. And shall at all times, whilst any such road or pavement shall be so open or broken up, causc the same to be fenced or guarded, and shall cause light sufficient for the warning of passengers to he set up and kept there for every night during which such road or pavement shall be continued open or broken up. 13. The Promoters may, within the arcas described in tlie Diversion of water- First and Second Schedules hereto from time to time, divert or alter, """"* temporarily or permanently, any part of the course of any creeks or water-courses, roads, streets, or ways, in order the more conveniently to exercise any of the powers conferred on the Promoters, and may subject to the proviso contained in section four hereof, cut drains and deliver Agreements to supply water, Promoters not liable for accidental failure to supply water. Promoters may let mieters. Meters of Promoters not distrainable. Meter to be supplied and maintained by consumer, Power to ollivers or servantsof Promoters to inspect meter. Promoters may make regulations. ov VIC. 1894. Menindie Ii rrigation. deliver water into, dam, embank, widen, or decpen any creek, water- course, lagoon, or swamp within such area, and may purchase or take on lease any existing water-works, and erect or construct thereon all necessary irrigation works. 14. The Promoters may supply any person, either within or without the Irrigation Cultivation Area, with water for irrigation and domestic use, by measure or otherwise, at such rates, upon such terms, and subject to such conditions as may be agreed upon by the Promoters with such person. 15. The Promoters 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 from accident, or from necessary repairs. 16. The Promoters may let for hire to any person supplied with water by measure any meter, water-gauge, or other irrigation work, for such remuneration and upon such terms as may be agreed upon by the Promoters ; and such agreement shall and may be enforced in any Court of Law or Equity. 17. Such meters, water-gauges, or other irrigation works 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 person using such water, or the occupicr of the premises, or other the person in whose possession the meters, water-gauges, or other irrigation works may be. 18. Every person who shall have agreed with the Promoters for a supply of water by measure, shall at his own expense, unless he hire a meter or water-gauge from the Promoters, provide a meter or water-gauge, and keep and maintain the same in good working condition to the satisfaction of such officer as may be appointed by the Promoters ; and in the event of any repairs being required, notice in writing shall be immediately given by such person to the Promoters, and yegistration of the quantity used shall be taken before such repairs are effected. 19. The Promoters or their officers or servants may enter in and upon any lands, houses, or buildings, and with or without horses or carriages, may enter in and upon any lands to, through, or into which water is supplie d or carried by the Promoters to inspeet the meters, or other irrigation works, or for the purpose of ascertaining the quantity of water supplied or consumed, or to examine if there be any waste or misuse of water; and may from time to time enter any house, building, or lands, for the purpose of removing or altering any meter, or other irrigation work, upon or affecting the property of the Promoters. And if a any person hinders any such 'Promoter, officer, or servant from entering or making such inspection or alteration or effecting such removal, he shall for each such offence be liable to a penalty not exceeding five pounds, but except with the consent of a Justice a power of entry shall be exercised only between the hours of six in the forenoon and six in the afternoon. 20. Subject to the provisions of this Act the Promoters may, from time to time, make, amend, and repeal regulations for or relating to all or any of the folowing subjects :— (1) The supply and sale and distribution of water to any person within or without the [Irrigation Cultivation Arca. (ir) 'The assessment of the vate and price at which water shall be supplied, and the time of payment for the same, whether in advance or otherwise, and the order in which applicants may be served, (111) 1894. s7 VIC... Menindie Irrigation. 11) The determination and adjustment of the interest, if any, of the various landowners and others within the Irrigation Cultivation Arca to and in. the irrigation works. (iv) The management and maintenance of the irrigation works, and the payment of the annual working expenses, and the appointment of Water Managers or Trustees to supervise and control all or any matters referred to in this section. (v) The prevention and remedying of waste, undue consumption, theft, fouling or contamination of the water contained in or supplied from any part of the Irrigation Water Conservation Area or Irrigation Works. (v1) The protection of:the water and every part of the irrigation and other works from trespass or injury. (viz) The protection, management, and use of places for watering stock, and for bathing and washing purposes. (vuit) The imposing of penalties for any breach of any regulation by this Act authorised to be made by the Promoters, not exceeding the sum of fifty pounds, and the enforcement of the same; and (ix) Generally for duly administering and carrying out the powers given to the 'Promoters. And such regulations shall, upon being approved by the Governor and published in "the Gazette, be valid in law. 21. The price to be charged by the Promoters for water sold to any person for domestic use or for watering stock within the Irrigation Cultivation Arca shall in no case exeeed one shilling and sixpence per one thousand gallons. 2. If any person supplied with water by the Promoters wrong- fully does, or causes or permits to be done, anything in contravention of any of the provisions of this Act or of the regulations of the Promoters, or wrongfully fails to do anything which under any of those provisions ought to be done for the prevention of the waste, misuse, undue consumption, or contamination of the water of the Promoters, such person shall be liable for the value of the water wasted or misused, and the Promoters may (without prejudice to any remedy against them in respeet thereof) cut off any of the pipes, canals, or other irrigation works, by or through which water is supplied to such person or for his use, and may ecase to supply such person with water so long as the cause of injury remains or is not remedied. 23. If any person throw, convey, or cause or permit to be thrown or conveyed any rubbish, dirt, filth, or other noisome thing into any such lake, stream, drain, reservoir, aqueduct, or other w ater- works as aforesaid, or w ash or cleanse therein any cloth, wool, leather, or skin of any animal, or any clothes or other thing, he 'shall for each such offence 'forfeit a sum not exece eding twenty pounds. 24. If any person wilfully and after due notice cause the water of any sink, sewer, or drain, or other filthy water belonging to him or under his control to run or be brought into any such lake, stream, drain, reservoir, aqueduct, or other water-works belonging to the Promoters, or over which they have any rights or control, or shall do any other act whereby the water of the Promoters shall be fouled, such person shall for each such offence forfcit a sum not exceeding twenty pounds, and a further sum of twenty shillings for cach day (if more than one) that such offence continues. 25. Any person wilfully polluting the water supplied or to be supplied by the Promoters (onus of proof that water is polluted resting with Promoters) shall forfeit a sum not exceeding twenty pounds, to be recovered with full costs of suit for each day during which such pollution shall continue after the expiration of twenty-four howrs from the time when notice of the offence has been served on such person by the Promoters. 26, Maximum price of water for domestic use in Irrigation Cultivation Area, PROTECTION OF THE Warten. Tn case of any breach of this part of this Act water may be cut off. PoLLuTING THE Waren, Penalty for throwing dirt therein, Penalty for letting foul water flow thercinto. Penalty for wilful pollution. 8 . 57° VIC. 1894. Menindie Irrigation. Any person 26. Any person who shall, without the authority of the re-establishing mY Promoters, establish or re-establish, or permit to be established or re- main unless established any connection which has not been authorised, or which italy srjecing any May have been cut off, removed, or severed by the Promoters, or who pipe liable to a shall in any manner wilfully injure or tamper with any irrigation penalty. work which may have been approved by the Promoters, so as to destroy, diminish, or endanger its efficiency, may be summoncd for such offence before two Justices, and, on conviction thereof, shall be adjudged to pay the Promoters the amount of the charges and expenses which the Promoters may have incurred (and which they are hereby authorised 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. Charges and 27. The charges for water and all sums due to the Promoters rates for er rs. shall be paid by and be recoverable from the owner of the premises, or the occupier or person requiring, receiving, or using the water. When water is supplied by measure, all rates or charges "for the same shall be paid at such time and in such manner as shall be provided for by the regulations of the Promoters. The rent payable for meters shall be payable in advance as and from the first day of January, April, July, and October in each year, Refusal to pay 28. If ary person refuse or neglect to pay on demand to the charges. Promoters any rate, charge, or sum due by such person under this Act, the Promoters may recover the same with costs in any Court of competent jurisdiction, and any such person may be sued in any such Court sitting within the Police Distriet of Mitchell. Penalty for unlaw- 29. If any person wrongfully take or use any water belonging fully taking water. 9 the Promoters, or supplied by them for the use of any other persons, he shall for every such offence be liable to a penalty not exceeding fifty pounds. Penalty for fixing 30. If any person fix or refix any watcr-meter, water-gauge, uncertified meter, &. oy other irrigation work upon any pipe or other irrigation work the property of the Promoters, without havi ing first obtained authority from the Promoters, he shall for feit a sum not exceeding ten pounds. For removing or 31. If any person remove or alter the position of, or in any way ie a interfere with, any irrigation work without having obtained authority as aforesaid, he shall for each such otfence forfcit a sum not exceeding twenty pounds. Notice of removal, 82. very person requiring to remove or alter the position of fe, of moter. or to open any irrigation work shall leave twenty-one days notice in writing to that effect at the local office of the Promoters, situated upon Water may be cut off the Irrigation Cultivation Area. And if any person refuse or delay to Fmeter not norder. have any irrigation work properly repaired and put in correct working y properly rey P s order after having been required by any officer of the Promoters so to do, the Promoters may shut off the supply of water from the land or premises of such person, either by cutting the service-pipe or other- wise, until such irrigation work shall have been properly repaired and certitied by some officer of the Promoters as being in proper working order. Penalty for obstruct- 33. Every person who shall wilfully obstruct any person acting ing construction of under the authority of the Promoters in setting out the line of any irrigation works undertaken under the authority of this Act, 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 twenty pounds for every such offenee. Penalty for 34. If any person unlawfully and maliciously destroy or destroying works. damage, ov attempt to destroy or damage, any irrigation work, road- way, or other part whatever of the machinery or works of the Promoters, such person shall be liable to be imprisoned for any term not exceeding four years. 35. 1894. ov" VIC. 9 Menindie Irrigation. 35. It shall be lawful for the Promoters, and all persons by Power to take them authorised, to enter upon any lands, not being a garden, orchard, posses sf land. or plantation attached or belonging to a house, nor a park, planted ! =" walk, avenue or ground ornamentally planted, and not being nearer to the dwelling house of the owner of any such lands than one hundred yards therefrom, and to occupy the said lands so long as may be necessary for the construction or repair of any works authorised by this Act, or the accommodation works connected therewith, hereinafter mentioned, and to use the same for any of the following purposes, that is to say— For the purpose of taking carth oy soil by side cuttings therefrom; For the purpose of depositing soil thereon ; For the purpose of obtaining materials therefrom for the con- struction or repair of the water-works, or such accommodation works as aforesaid; or For the purpose of forming roads thereon to or from or by the side of the said works. And in exercise of such powers it shall be lawful for the Promoters and all other persons employed therein to deposit, and also to manufacture and work upon such Jands, materials of every kind used in constructing the said works, and also to take from any such lands any timber, and also to dig and take from or out thereof any clay, stone, gravel, sand, or other things that may be found therein useful or proper for con- structing the said works, or any such roads as aforesaid, and for the purposes aforesaid to erect thereon workshops, sheds, and other build- ings of a temporary nature: Provided always that nothing in this Act contained shall exempt the Promoters from an action for nuisance or other injury (if any) done in the exercise of the powers hereby conferred to the lands or habitations of any party other than the party whose lands shall be so taken or used for any of the purposes aforesaid : Provided also that no stone or slate quarry, brick-field, or other like place which, at the time of entry on the lands shall be commonly worked or used for getting materials therefrom for the parpose of selling or disposing 'of the same, shail be taken or used by the Promoters. cither wholly or in part for any of the purposes 'lastly hereinbefore mentioned, and that the Promoters shall pay to the owner of the land a fair price for any timber, clay, stone, gravel, sand, or other things taken therefrom: Provided also that where such lands so entered upon are Crown Lands, nothing in this Act contained shall exempt the Promoters from the provisions of Part VI of the "Crown Lands Act of 1884." 36. If any such lands shall be used for any of the purposes Promoters to aforesaid, the Promoters shall, if required so to do by the owner peor Neing thom thereof, separate the same by a sufficient fence from the lands adjoining thereto with such gates as may be necessary for the convenient occupation of such lands, and in case of any difference between the owners of such lands and the Promoters as to the necessity for such fences and gates, then with such fences and gates as the Minister shall deem necessary for the purposes aforesaid. 37. In any of the cases aforesaid where the Promoters shall Compensation to take temporary possession of lands by virtue of the powers herein temporary ovett granted, it shall be incumbent on them within one month after their pation. entry upon such lands, upon being required to do so, to pay to the occupier of the said lands the value of any crop or dressing that may be thercon, as well as full compensation for any other damage of a temporary nature which he may sustain by reason of the Promoters so taking possession of his lands. 38. If in the exercise of the powers hereby granted it be found Before roads | necessary to cross, cut through, raise, sink or use any partof any road, interfered with whether | stituted. Period for restora- tion of roads interfered with. Promoters to make sufficient. approaches and fences to bridle- ways and footways crossing on the works, Works for benefit of owncrs. Gates, bridges, &e. Fences, &e. Drains. Accommedation works not to inter- fere with use of works, nor to be made where com- pensation given, ov VIC. 1894. Menindie Irrigation. whether carriage-road, horse-road, or tram-road, or railway, either public or private, so as to render it impassable for, or dangerous, or more than usually inconvenicnt to passengers, or carriages, or to the persons entitled to the use thereo!, the Promoters shall, before the commence- ment of any such operations, cause a suflicient road to be made instead of the road to be interfered with, and shall at their own expense, maintain such substituted road in a state as convenient for passengers and carriages as the road so interfered with, or as nearly so as may be. 39. If the road so interfered with can be restored compatibly with the due completion of any works authorised under this Act, the same shall be restored to as good a condition as it was in at the time when the same was first interfered with by the Promoters, or as near thereto as may be, and if such road cannot be so restored, the Pro- moters shall cause the new or substituted road, or some other sufficient substituted road, to be put into a permanently substantial condition equally convenient as the former road, or as near thereto as circum- stances will allow, and the former road shall be restored, or the substituted road put into such condition as aforesaid as the case may be, with all reasonable expedition. 40. If any irrigation work shall cross any highway, other than a public carriage-way, on the level, the Promoters shall make and at all times maintain convenient ascents and descents, and other con- venient approaches with hand-rails or other fenees, and shall, if such highway be a bridle-way, erect and at all times maintain good and sufficient gates, and if the same shall be a footway, good and sufficient gates or stiles on each side of works where the highway shall com- municate therewith. 1. The Promoters shall make and at all times thereafter main- tain the following works for the accommodation of the owners of lands adjoining any irrigation works authorised under this Act, that is to say— Such and so many convenient gates, bridges, arches, culverts, and passages over, under, or by the side of, or leading to or from such irrigation works as shall be necessary for the purpose of making good any interruptions caused 'thereby to the use of the lands through which the same shall be made, and such accommodation works shall be made forthwith after the part of the irrigation works passing through or over such lands shall have been laid down or formed or during the formation thereof. Also sufficient posts, rails, hedges, ditches, mounds, or other fences for separating the land, taken for the use of such irrigation works from the adjoining lands not taken, and protecting such lands from trespass, or the cattle of the owners thereof from straying thereout by reason thereof, together with all necessary gates made to open towards such adjoining lands and not towards the said irrigation works, and all necessary stiles, and such posts, rails, and other fences shall be made forthwith after the taking of any such lands, if the owners thereof shall so require. Also all necessary arches, tunnels, culverts, drains, or other passages, cither over or under, or by the sides of such irriga- tion works, and of such dimensions as will be sufficient at all times to convey the natural water from the lands lying near or alfected thereby. Provided always that the Promoters shall not be required to make such accommodation works in such a manner as would prevent or obstruct the using of any irrigation works authorised by this Act, nor to make any accommodation works with respect to whieh the owners of the lands shall have agreed to reevive and shall have been paid compensation. 42. 1894. 57' VIC. 11 Henindie dr: rigation. If any difference arise respecting the kind or number of Ditterences as to any such accommodation works or the dimensions or sufficiency sccnmoration thereof, or respecting the maintaining thereof, the same shall be deter- ty Minister. mined by the Minister, who shall also appoint the time within which such works shall be commenced and executed. 43, If any of the owners of lands affected by any irriga- Power to owners of tion work shall consider the accommodation works made by the stoke Promoters, or directed by the Minister to be made by the Promoters, dation works, insufficient for the commodious use of their respective lands, it shall be lawful for any such owner or occupier, at any time at his own expense, to make such further works for that purpose as he shall think necessary, and as shall be agreed to by the Promoters. 44, If the Promoters so desire, all such last-mentioned accom- Such works to be modation works shall be constructed under the superintendence of the the teneriutenlence Promoters' Engineer, and according to plans and specifications to he of the Promoters' submitted to and approved by the Promoters. But the Promoters shall 8° not be entitled to require either that plans shall be adopted, which will involve a greater expense than that incurred in the execution of similar works by the Promoters, or that the plans selected should be exccuted ina more expensive manner than that adopted in similar cases by the Promoters. 45. If any person omit to shut and fasten any gate set up for Penalty on persons the accommodation of the owners of the adjoining 'lands, or of the eaten to fasten Promoters or their tenants, as soon as he and the carriages, cattle, or other animals under his care have passed through the same, he shall forfeit for every such offence any sum not execeding ten pounds. PART ITI. The reservation as an Irrigation Water Conservation Area of the Lake, Creeks, and Lands described in the First Schedule hereto. 46. On the passing of this Act, it shall be notified by the Reservation to be Governor, by publication in the Gazelée, that the Lake, Crecks, gazetted, and Lands mentioned and described in the First Schedule hereto have been set apart as an Irrigation Water Conservation Arca for irrigation purposes and domestie use within the counties of Menindic, 1 Tandora, and Yancowinna. 47. Upon the publication of the notification in the Gazette Vesting, &c., of lauds. declaring that the Lake, Creeks, and Lands therein described are so required : and set apart, the Promoters shall have the right to use for the purposes of this Act, the water in, over, or upon such Lake, Creeks, and Lands, but the Governor shall have the right to use or to authorise the use of the water, in, over, or upon the said Lake, Crecks, and Lands; but if for irrigation purposes subject to due provision being made for the proper irrigation of the Irrigation Cultivation 'Ayvea: Provided, also, that nothing in this section contained shall interfere with any rights already existing. 48. Upon the publication of the said notification the Promoters Promoters may fence shall be entitled to fence off any portion of the Irrigation Water Conservation Area on which Irrigation Works are constructed or erected: Provided always that when such fencing shall prevent access to any lake or ereck previously in use by any owner of adjoining lands for watering stock ov domestic use the Promoters shall provide, in liew thereof, other convenient watering places for the use of such owner for the like purposes, 49. Compensation to be paid for land feneed olf above high water level only. Owners of land in Counties of Menindie, 'Tandora, and Yancowinna may apply for water. Application to be accompanied by plan and map. Plans to be approved and works authorised by the Minister, and to be remunerative, Works to be constructed by the Promoters. Owners to be chargeable with annual water rates Charge to repay cost of special works. 57° VIC. 1894. Menindie Irrigation. 49. For so much only of the Irrigation Water Conservation Area as shall be fenced off under the authority of the preceding section, the owners thereof shall be entitled to claim compensation. 50. After the construction by the Promoters of all such Irriga- tion Works upon the Areas described in the First and Second Schedules hereto as they may consider necessary for the irrigation of the Irriga- tion Cultivation Area, it shall be lawful for any owner of land in ¢he Countics of Menindie, Tandora, and Yancowinna to apply to the Promoters for the supply and delivery of water from the Irrigation Water Conservation Area upon such land for irrigation and domestic use fora term of years, at a price by measure or otherwise ; and the Promoters shall supply such water on the conditions aftermentioncd : Provided always that by so doing they shall not endanger due provision for, and the proper irrigation of, the Ivrigation Cultivation Area. 51. Every such application for a supply of water on land situated outside the Irrigation Cultivation Area for irrigation or domestic use shall be accompanied by a plan of any special irrigation works necessary therefor, and a map or plan of the lands through which such special works are intended to pass, showing the position of such proposed works thereon and the names of the owners of such lands, together with an estimate by a competent engincer of the cost of carrying out such special works. 52. Before any part of such special irrigation works as may be carried out under this part of this Act shall be commenced, the plans and construction thereof shall be approved and authorised by the Minister, and such owner shali be obliged to prove to the satisfaction of the Promoters that such works will yield a reasonably permanent return at a remunerative rate upon the total cost thereof; and any such special works shall be constructed only under written agreement between the Promoters and such owner, and such agreement, whether under seal or not, shall be deemed a covenant running with such land, and the successive owners thereof, during the term of such agreement. 53. All such special irrigation w' orks as may be constr ueted under this part of this Act shall be constructed by the 'Promoters, and under the superintendence of the Promoters' engincer, unless the Promoters shall otherwise agree with such owner, within a reasonable time after the approval and authority of the Minister as aforesaid shall have been obtained. But the Promoters shall not be entitled to require cither that plans shall be adopted which will involve a greater expense than that incurred in the execution of similar works by the Promoters, or that the plans selected should be executed in a more expensive manner than that adopted in similar cases by the Promoters. 54. The Promoters shall be entitled to charge and recover from such owner in each year in name of water rates, payable half-yearly, such sum as may be approved by the Minister, or as may be agreed upon by the Promoters with such ow ner, and such sum shall include a fair and reasonable proportion of the following items of outlay and expense in respect of the irrigation works on the Irrigation Water Conservation Area, namely :— (x) Provision for a sinking fund for the maintenance and renewal of the irrigation works. (11) Annual cost of working and supervision of the irrigation works. (i112) Interest at the rate of ten per centum per annum upon the total cost of the irrigation works, including the amount of compensation paid in respect thereof and the cost of lands acquired therefor. 55. In addition to such charge in name of water rates permitted by the last-preceding section it shall be in the option of the Promoters either 1894. 57° VIC. Menindie Irrigation. either to charge and recover from such ow ner the total cost of special irrigation works constructed on the application of such owner, or to charge, and recover from such owner, in e ach year, in name of special water rates, such stm as may he approved by the Minister, or as may be agreed upon by the Promoters with such owner, to cover the cost of such special works. 56. Subject to the provisions of this Act, it shall be lawful for Promoters may the Promoters to enter into an agreement of any land within the Counties of Menind . dts map Supply water under in writ ng W ith the owner agreement with land ie, Tandora, or Yancowinna, owners. for the supply and delivery of water upon such land for a term of years, or from year to year, at a price, by stated in such agreement, and in every such agreement t such land shall agree to pay such price measure or otherwise, to be 1¢ owner of 'or the term limited in the agreement, and to pay the Promoters for not less water in any year than the minimum quantity in such agreement specificd agreement by such owner, whether under , and such seal or not, shall be deemed a covenant running with such land, and s successive owners thereof during the saic the Promoters to supply any stated quan term. agreement shall be construed to create any obligation on tity of water in iall bind such land and the But nothing in such the part of he event of there being at the disposal of the Promoters an insufficient quantity of water as in this part of this Act provide 57. If at any time the supply of Trrigation Water Conservation Area, shall, in the opinion of Promoters, be insufficient to supply to any such owner t the water to which such owner would ott and liable to take, without endangering proper irrigation of, the Irrigation Cultivati deli as the Irrigation Water Conscrva Promoters, supply ; and if there be several shall in such event de owners shall respectively be Hab amount of water only as the Irrig: in the opinion of the Promoters, por suflicient water available without and the proper irrigation of, the Irrigat respectively been entitled and Lable to take such ease such owner shall only pay for the properly he due provision ver to such owner, and such owner shall receive, such ¢ 'ion Area can, in the opinion of the dl. water obtainable from the when water available thc is insullicient, + quantity supplied he Whole of may be reduced. 1erwise have been entitled for, and the on Area, the Promoters shall uantity only such owncrs the Promoters iver to such owners respectively, and such e to take from the Promoters such ation W ater Conservation Arca can, supply in quantities in pro- ion to the quantities which such owners would, had there been endangering the duc provision for, ion Cultivation Area, have from the Promoters; but in payment to be made water actually provided for for water supplied only. him; and in no case shall any action, claim, demand, or other pro- No'claim to lie for ceedings for not supplying water to any such owner be maintainalsle insbility to supply. in any form in any case where it has been determined by the Minister that the Promoters have been, without negligence or wilful default upon their part, unabic to supply to supply such water in virtue of any prov such water or have refused isions of this Act. PART IV. The ocexpation and acquisition by the Promoters of the Crown Lands described in the Second Schedule hereto. 58. On the passing of this Act, Governor, by publication in the Gazelte, the Second Schedwe hereto are required an Irrigation Cultivation Area for the use it shall be notified by the Reservation to be that the lands described in ste. and have heen set apart as of the Promoters, and that the same shall be held by them upon the conditions specified in this Act. 59. Effect of publication upon Crown lands described in the Second Schedule. Promoters to be Crown Lessecs until grants issued. Promoters may lease. Conditions upon which Irrigation Cultivation Arca to be held. Expenditure of £30,000. To maintain works. Restrictions on sale, sub-lease, &c. Restriction on cultivated irrigated land held by Pro- moters. Industries to be established. Vermin to be destroyed. Land to be cleared. ov VIC. Menindie [rrigation. 1894. 59. The effect of such publication shall be to withdraw the lands described in the Second Schedule hereto from any lease or license or promise thereof, to cancel any dedication or reservation of the said land made under the authority of the "Crown Lands Alienation Act of 1861," or any Act or Acts amending or repealing the same. 60. Subject to the performance by them of the conditions specified in this Act the Promoters shall, on the publication of the said notice, hold the lands described in the Second Schedule hereto, or the balance thereof from time to time, under the provisions of this Act, as lessees from the Crown, and shall pay to the Crown an annual sum in name of rent, at a rate to be fixed as provided by the existing Lands Acts or any future amendment thereof. And the Promoters shall be entitled to a lease, the term of which shall be for a period of twenty-eight years, with the option to the lessees of a renewal of such lease for a further period of twenty-eight years ; and such Promoters shall be entitled to grant sub-leases of any part of the lands described in the Second Schedule hereto, or the balance thereof from time to time. 61. The conditions upon which the Jvrigation Cultivation Area shall be held and acquired by the Promoters shall be as follows, namely :— (1) They shall expend upon or in connection with the Irrigation Cultivation Arca, and within the period of twenty years from the passing of this Act, in the construction of irrigation works, and permanent improvements, a sum of not less than thirty thousand pounds in the following manner, that is to say :— During the first period of five years the sum of ten thousand pounds; before or during the second period of five years the further sum of seven thousand pounds ; before or during the third period of five years the further sum of seven thousand pounds; and before or during the fourth period of five years the balance of six thousand pounds; and the said sum of thirty thousand pounds shall be expended as aforesaid, in addition to such sums of money as may be expended upon or in connection with the land described in the Second Schedule hereto in preparing and planting and cultivating the same. They shall keep and maintain all irrigation works, and permanent improvements upon or in connection with the Irrigation Cultivation Area in good condition and repair. (111) They shall not sub-lease any land in parcels exceeding cighty acres, if the land shall be prepared and planted for fruit growing, or one hundred and sixty acres if prepared for growing other produce, or sub-lease more than one hundred and sixty acres of land to the same person. (iv) They shall not at any time hold in their own possession, or in that of their agents, more than five thousand acres of cultivated irrigated land, out of the lands described in the the Second Schedule hereto. (v) They shall use all reasonable efforts to establish within the period of five years from the passing of this Act, upon the Irrigation Cultivation Area the business and industrics of fruit growing, fruit drying, preserving, and canning. (v1) They shall take all reasonable measurcs to destroy all such animals and birds within and upon the Irrigation Cultivation Area as may be proclaimed to be vermin. (vit) They shall, within the period of five years from the passing of this Act, use all reasonable means to effect the removal of all timber growing within the high water-mark of the Lake specified in "the First Schedule hereto, and may cut wp, use, and dispose of the same. (11) (VIIL) 1894. 57° VIC. Menindie Irrigation. (vit1) The Governor may resume without compensation, except Govemor may (rx) for buildings and other permanent improvements, any portion of the Irrigation Cultivation Area for Government railways, tramways, roads, schools, and other public purposes. For the purpose of ascertaining the actual cost of bond fide irrigation works and permanent i improvements under this Act, the Promoters shall from year to year, until the said sum of thirty thousand pounds shall have been expended as aforesaid, submit to the Minister accounts and proper vouchers of all irrigation works, and permanent improvements expended by them upon or in connection with the Irrigation Cultivation Area, and the amount of the accounts as passed by the Minister shall be deemed to be the actual expenditure by the Promoters upon or in connection with such irrigation works and permanent imp rovements. (x) The accounts of the Promoters in and about the construction of the irrigation works and permanent improvemer its shall be subject to all the provisions of the " Audit Act of 1870, " so far as may be in the same manner in all respe such accounts had been specifically mentioned therein. ets as if Provided always that if the Promoters should at any time fail to comply with the foregoing conditions or any of them, all their right, title, and interest in or to the lands in this part of the Act m entioned or referred to shall, subject to the provisions of this Act, absolutely ecase and determine. PART V. The Ascertainment and Payment of Compensation in Resp Lands Resumed and Taken. ect of resume, Accounts to be submitted to Minister. Accounta to be subject to "Audit Act of 1870." Where the land described in any notification under this Compensation for Act, and resumed and taken for any of the purposes thereof, 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, or is he any lease or license from the Crown, the owners, lessees, or d under icensccs thereof shall be entitled to reecive such sum of money, by way of compensation, for the land so described, as shall be agrec otherwise ascertained, under the provisions hereinafter contain 63. The estate and interest of every person entitled required under this Act, or any portion thereof, and whethe upon, or ed. 0 lands r to the legal or equitable estate therein, shall, upon due payment of the amount of compensation tendered by the Promoters, or assessed by or arbitrators as hereinafter provided, be deemed to have fully and effectually conveyed to the Promoters as if t had been conveyed by the persons legally or equitably entitlec by means of the most perfect assurances in the law. And ever, shall, upon asserting his claim as hereinafter provided, and he jury been as le same thereto 'Y person making out his title in respect of any portion of the said resumed entitled to compensation on account of such resumption in hereinafter provided. ands, he manner private lands, Conversion of estate of proprictor of resumed land into a claim, 64. Hvery person claiming compensation in respect of any land Notice of elaim for so required, or in respect of any "work or other matter done under the authority of this Act, shall, w: ithin 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 application and at the cost of the claimant appoint in that behaif, serve a notice in writing upon compensation, 16 57° VIC. 1894. Nenindie . Irrigation. upon the Promoters, 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 the form of the Third Schedule hereto, but with any modifications required by the nature of the claim. Claim and report 65. Within sixty' days after the receipt of every such notice of thereon. claim, the Promoters shall cause a valuation of the land or of the estate or interest of the claimant therein to be made by a competent valuator, and shall inform the claimant as soon as practicable of the amount of such valuation by notice in the form of the Fourth Schedule hereto. Compensation by 66. If within ninety days after the service of notice of claim action in Supreme Court. the claimant and the Promoters shall not agree as to the amount of compensation, the claimant shall be at liberty to proceed to arbitration under the " Arbitration Act of 1892," or institute proceedings in the Supreme Court in the form of an action for compensation against the Promoters; and any such action may be tried before a Judge of the said Court, or in any Cireuit Court, and a special jury of four persons: Provided always that upon proper application, either of the Promoters or of the claimant, a special jury of twelve may be summoned for the trial of such action: Provided also that with the consent in writing of the Promoters 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 compensation, but not within fourteen days from service of the notice of valuation on such claimant. Tssue inaction of 67. The issue to be tried in any such action shall be whether and boste ventiet the claimant is entitled to a larger sum by way of compensation than the amount of the valuation so made by the Promoters and notified to the claimant as aforesaid; andif 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 Promoters, but if the verdict shall be for a sum equal to or less than such valuation, then the costs shall be borne by the claimant. As to payment of 63. All moneys payable under this Act by way of compensation compensation, to any claimant, whether under the verdict of a jury or otherwise, shall J > jury ¢ > be paid together with costs (if any) and interest at the rate of six pounds per centum per annum, reckoned from the date of the notifica- tion aforesaid within one month after the determination of such com- pensation to the person lawfully entitled thereto, or to his agent duly authorised 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: Provided that in the case of land under the surface taken for the purpose of constructing a subterranean tunnel for water supply, 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 be so affected as aforesaid. Where aim may be 69. A District Court shall, notwithstanding anything contained strict Conrte in the "District Courts Act of 1858," or any amendment thereof, have jurisdiction to try any such action of compensation at the District Court holden within the district wherein any land in respect of which any claim has arisen under this Act (or the greater portion of such land) is situated in any case where the w hole amount of the claim in 1894. 57° VIC. 17 Menindie Irrigation. in respect to such land served in pursuance of section sixty-five of this Act does not exceed two hundred pounds, or if exceeding that amount in any case where the Promoters and the Claimant by a memorandum signed by the Promoters' Attorney and the Claimants' Attorney agrec thereto. Yor the purposes of this Act 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 procecdings taken in any District Court hereunder. 70. In estimating or assessing the compensation, if any, to be Principles upon paid under this Act, regard shall be had by the valuators and by the may ne ompensition jury (on any issue), or by the arbitrators and their umpire to, and they are hereby authorised and empowered to apply the following principles so far as the same may be applicable in each case, namely :— (t) Regard shall be had not only to the value of the land taken Compensation for by the Promoters, but also to the damage, if any, to be sus- Ind taken and tained by the claimant yy reason of the severing of the lands taken from other lands, or other injuries suifered by him by reason of the exercise of the powers expressed or incorporated in this Act; and the valuators, jury, or arbitrators shall assess the same according to what they shall find to have been the value of such lands, estate, or intercst at the time notice was given of such lands being required or having been taken. (11) No compensation shall he awarded in any ease where tic No compensation injury for which compensation is claimed' appears to have rece been the result of the execution of works which were incom- plete at the time of such injury, if it shall appear that such works are being bond fide prosecuted to completion. 71. Notwithst: unding anything hereinbefore contained, it shall Power to purchase be lawful for the Pr romoters, if they think fit, to agree with the owners 8" Py sereemen of any lands, the acquisition of which is authorised by this -ct, and with all parties having any estate or interest in such lands, or by this Act enabled to sell and convey the same, for the absolute purchase for a consideration in money of any.such lands or such parts thercof as shall be thought proper, and of all estates and interests in such lands of what kind soever. , 72. Notwithstanding anything hereinbefore contained, it shall Power to refer claims be lawful for the Promoters, if they think fit, to enter into an titration, agreement in writing with any person claiming compensation in respeet of any land required, or in respect of any works or other matter done under the authority of this Act, to refer such claim to the decision of two arbitrators and their umpire, and in such event any such agreement shall be read and construed as a submission of such claim within the meaning of the " Arbitration Act, 1892." 73. It shall be lawful for all parties being seized, possessed of, Parties under dis- or entitled to any such lands, or any estate or inter est therein, to sell and abit earned te soll convey or release the same to the Promoters, and to enter into all neces- exercise other powers. 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 feolfees in trust for charitable or other purposes, executors and administrators, and all parties for the time-being entitled to the reevipt of the rents and 'profits of any such lands in possession or subject. to any estate in dower, or to any lease for lite or for lives and years or for years, or any less interest; and the power so to sell and convey 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 themselves b and Incorporation of provisions of Government Rail- ways Act. ao" VIC. 1894. Menindie Irrigation. and their respective heirs, executors, administrators, and successors, but also for and on behalf of every person entitled in reversion, remainder, or expectaney after them, or in defeasance of the estates of such partics, and as to such marricd women, whether they be of full age orenot 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 lunaties 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, exeeutors, or administrators on behalf of their cestut que trusts, whether infants, issue unborn, lunatics, feme covert, or other persons, and that to the same extent as such cestui que trusts respectively could have exercised the same powers under the authority of this Act if they had respectively been under no disability ; and the power hereinafter given to release lands from any rent-charge or ineumbrance, and to agree for the apportionment of any such rent- charge or incumbrance shall extend to, and may lawfully be exercised by, every party hereinbefore enabled to sell, and convey, or release lands to the Promoters. 74. The several sections of the Government Railways