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 s