AN ACT to further amend "The Glenorchy A.D. 1898. Water Act, 1890." [29 October, 1898.] WHEREAS the Trustees of the Glenorchy Water District have PREAMBLE. agreed to supply the residents in the Moonah Water District, as herein defined, with water for a period of Ninety-nine years, upon the terms and conditions hereinafter contained: And whereas it is necessary in order to carry out such agreement that the said Trustees should be given the powers hereby conferred upon them: And whereas for the purposes aforesaid, and for other purposes, it is desirable to further amend "The Glenorchy Water Act, 1890," in 54 Vict. No. 51. the manner hereinafter appearing: Be it therefore enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: 1 This Act may be cited for all purposes as "The Glenorchy Water Short title. Act Amendment Act, 1898." 2 In the construction and for the purposes of this Act, unless the Interpretation. context otherwise determines The expression "the said Act" shall mean "The Glenorchy 54 Vict. No. 51. The expression "the said Acts" shall mean "The Glenorchy 54 Vict. No. 51. A.D. 1898. 57 Vict. No. 27. Glenorchy Water Act Amendment. Amendment Act, 1891," and "The Glenorchy Water Act The expression "the Trustees" shall mean the Trustees for the The expression "the Corporation" shall mean the Corporation of the Mayor, Aldermen, and Citizens of the City of Hobart : The expression "Moonah Water District shall mean the Water District as described and set forth in the Schedule hereto : The expression "the Governor" shall mean the Governor for the time being of the Colony of Tasmania: The expression "the Treasurer" shall mean the Treasurer for the time being of the Colony of Tasmania. Notice to treat. How value to be ascertained. The Lands Causes Act incorporated. Trustees may exercise powers. PART I. VALUATION OF WATERWORKS. 3 It shall be lawful for the Trustees, within Three months after this Act comes into operation, to give notice to the Corporation that they are willing to treat with the Corporation for the purchase of all mains, pipes, and other waterworks constructed, laid down, or made by the Corporation within the Moonah Water District. 4 The value of such mains, pipes, and other waterworks shall be ascertained by mutual agreement; and if within One month after the service of the notice mentioned in the last preceding Section the Trustees and Corporation do not agree as to the value of such mains, pipes, and other waterworks, the value thereof shall be ascertained by arbitration in the manner directed by The Lands Clauses Act. 5 The following Sections of The Lands Clauses Act, together with all the provisions therein contained, are hereby declared to be incorporated with and embodied in this Part of this Act, and for the purposes of such incorporation the Trustees shall be deemed to be the Promoters of the undertaking : Sections Fourteen to Twenty-six, both inclusive, (as to appointment and powers of arbitrators and umpire and conduct of arbitration). 6-(1.) If the Trustees determine to pay to the Corporation the value of all such mains, pipes, and other waterworks when ascertained as aforesaid, the Trustees shall, within Two months after such value is agreed upon or determined by arbitration, give notice to the Corporation and to the Treasurer that it is their intention to exercise the powers and authorities conferred upon them by Part II. of this Act. (2.) The Governor shall thereupon by Proclamation, to be published in the Hobart Gazette, declare that all the provisions contained in Glenorchy Water Act Amendment. Part II. of this Act shall come into operation on a day to be named in A.D). 1898. such Proclamation. (3.) Upon the day so named in such Proclamation all the mains, pipes, and other waterworks shall be thereupon transferred to, and vested in, the Trustees for the purposes of this Act and of the said Act, and shall thenceforth be the property of the Trustees. (4.) The Trustees shall thereupon pay to the Corporation the value of such mains, pipes, and other waterworks so ascertained as hereinbefore mentioned. 7 (1.)-If the value of such mains, pipes, and other waterworks is Trustees may ascertained by arbitration, and if in the opinion of the Trustees the disclaim powers. value so ascertained is excessive, the Trustees may, within Two months after the Arbitrators shall deliver their award, give notice in writing to the Corporation and to the Treasurer that it is not their intention to proceed further in the exercise of the powers and authorities conferred upon them by Part II. of this Act, and shall thereupon pay to the Corporation all the costs of the reference and award incurred by the Corporation. (2.) The Governor shall thereupon by Proclamation, to be published in the Hobart Gazette, declare that all the provisions contained in Part II. of this Act shall cease and be of no effect. upon PART II. MOONAH WATER DISTRICT. Trustees within 8 All powers, authorities, duties, liabilities, and obligations conferred Powers of Section Two, Sections Thirty-seven to Fifty-six, both inclusive, 9-(1.) Where the land attached and belonging to any house Power to assess occupied wholly or in part as a dwelling-house within the Moonah certain properties. Water District and enjoyed therewith shall be shown by the Valuation or Assessment Roll in force for the time being in such District to exceed Five acres in area, the Trustees shall, once in every year, by a just and equitable assessment, assess the annual value of such house and its appurtenances, together with Five acres of land immediately attached thereto, and belonging thereto and enjoyed therewith, and A.D. 1898. How assessment to be made. Moonah Water Amount of Rate. Glenorchy Water Act Amendment. such assessment shall be called "The Moonah Water District Assessment Roll." (2.) For the purpose of effecting assessments under this Section, all the provisions contained in the Rural Municipalities Act and every Amendment thereof relating to the assessment of property, the preparation and notice of such assessment, amendments of the assessment, and appeals against assessment, shall be applicable to assessments under this Section, and to appeals therefrom; and wherever in any portion of the last-mentioned Act relating to any of the matters aforesaid the terms “Municipal Council," "Municipality," and "Council Clerk" are used, the same shall, for the purposes of this Act, be deemed to mean the Trustees,' "the Moonah Water District," and "the Secretary of the Trustees," respectively: Provided that every appeal against any assessment to be made by the Trustees under this Section shall be made to the Court of General Sessions of the Peace held nearest to the Moonah Water District, and no Justice of the Peace, who is also one of the Trustees, shall act or sit at such Court. 66 10 The Trustees are hereby empowered, once in every year, to make, levy, and recover a Water Rate upon and from the occupiers of all houses occupied wholly or in part as dwelling-houses within the limits of the Moonah Water District to and in which the Trustees have caused water to be brought, according to the assessed annual value of such houses and their appurtenances, and of any land attached and belonging thereto and enjoyed therewith as shown by the Valuation or Assessment Roll in force for the time being in such District if not exceeding Five acres in area, and according to the assessed annual value of such houses and their appurtenances, and of any land attached and belonging thereto as shown by the Moonah Water District Assessment Roll if exceeding Five acres in area and such Rate shall be called The Moonah Water Rate." 66 11-(1.) The Water Rate to be made by the Trustees as aforesaid shall not exceed the amounts set forth, that is to say In respect of all houses occupied wholly or in part as dwellinghouses and their appurtenances, and of any land attached and belonging thereto and enjoyed therewith, not exceeding Five acres in area— 1. Where the annual value shall not exceed the sum of Forty Pounds, the Rate shall not exceed the sum of One Shilling and Four Pence for each and every Pound of such value: II. Where the annual value shall exceed the sum of Forty Pounds, the Rate shall not exceed the sum of One Shilling for each and every Pound of such value above the sum of Forty Pounds in addition to the Rate before mentioned. (2.) No occupier of any such dwelling-house shall be liable to the payment of any such Rate unless the same is actually supplied with water for domestic purposes, or unless the main or other pipes of the Trustees are laid down and properly supplied with water within Fifty feet from the outer boundary of such premises. (3.) No Rate made by the Trustees under the provisions of this Act shall in any year exceed the Rate made and levied by the Trustees upon the occupiers of property within the Glenorchy Water District during the same year. (4.) If any such dwelling-house shall be unoccupied at the time at which any Rate payable in respect of such house is appointed to be |