AN ACT to secure and maintain a Supply A.D. 1898. of pure Water for the Towns of Westbury and Hagley, and for the benefit of the Inhabitants thereof. BE it 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: Short Title. 1 This Act may be cited for all purposes as "The Westbury and Short title. Hagley Water Act, 1898." Preliminary. 2 In the construction and for the purposes of this Act, and of all Interpretation. proceedings under this Act, or under any Rules in force or made or By-laws to be made under this Act, unless the context otherwise deter mines "Water District" means "The Westbury and Hagley Water hereto : "Trustees" means the Municipal Council of Westbury: A.D. 1898. Municipal Council to be Trustees. Orders and proceedings of Trustees to be recorded. Landholder may 1 Westbury and Hagley Water. "Landholder" extends to and includes the owner or occupier of any property situate within the Water District whose name appears on the Assessment Roll: "Chairman" shall mean the Warden of Westbury: "Assessment Roll" means so much of the Assessment Roll made by the Municipal Council of Westbury as comprises the properties situate in the Water District: 66 Property" means lands and buildings : "Rate" means a Rate duly made under and for the purposes of this Act: "Waterworks" extends to and includes all reservoirs, wells, cisterns, tanks, aqueducts, water-courses, water-races, tunnels, feeders, drains, channels, cuts, flood-gates, sluices, conduits, filters, troughs, dams, weirs, embankments, pumps, culverts, pipes, pipe-breaks, engines, turbines, boilers, buildings, and other works of what kind soever, which are from time to time necessary or used for effecting the purposes of this Act, or under the authority of this Act: "Street" extends to and includes any public and common highway, road, main road, lane, footway, bridge, square, court, passage, alley, thoroughfare, and public way and place: “Person" includes corporation. 3 The Municipal Council of Westbury shall be the Trustees of the Westbury and Hagley Water District for the purposes of this Act. 4 All orders and proceedings of the Trustees, together with the names of the Trustees present at every meeting, shall be entered in a book to be kept by the Trustees for that purpose, and be signed by the Chairman of the meeting at which such orders or proceedings are from time to time confirmed; and such orders and proceedings so entered and signed by the Chairman of such meeting shall be deemed to be original orders and proceedings. 5 Any landholder shall be at liberty at all reasonable times, on inspect Minutes. payment of the sum of One Shilling, to inspect the Minute Book of the Trustees. Trustees empowered to divert water of Meander and Powers of Trustees to divert and use Water. 6 Subject to the provisions herein contained, the Trustees are hereby empowered and authorised from time to time to take, divert, and appropriate such quantity of the waters of the Meander River and erect waterworks. other rivulets and streams as shall be required by the Trustees for any of the purposes herein mentioned, and from time to time to enter upon the said river, rivulets, and streams, and upon the banks and beds thereof, and to construct and erect on and in any portion of the banks and beds of the said river, rivulets, and streams such works as shall be necessary for the purposes of such taking, and diversion, and appropriation of so much of the said water of the said river, rivulets, and streams as aforesaid. Westbury and Hagley Water. 7 It shall be lawful for the Trustees to use all or any portion of such A.D. 1898. water as aforesaid for any of the purposes hereinafter specified; viz.— Purposes for 1. To supply any Railway Company, Tramway Company, or the III. To work any machinery that may be acquired or erected by IV. For supplying water to the Water District and contiguous Districts for any purpose that any person or public or corporate body may require. Powers of Trustees in the construction of Works. 8 The Trustees are also hereby empowered to purchase, lease, or Power to acquire any coporeal or incorporeal hereditaments, or any chattel purchase. interest whatever which they deem advisable for the purposes of this Act, and which they may think proper to purchase, lease, or acquire, including any water-rights, or water-powers, or water-works, and any rights and privileges accessory to the same; and the Trustees are also empowered to dispose of the same or any part thereof by sale, lease, or otherwise to any person or body corporate for any purpose whatever. 9 The Trustees are hereby further empowered to purchase, acquire, Purchase of land. and take any land which they may consider to be necessary for the purposes of this Act and which they may think proper to purchase and take, and also to sell or lease the same or any portion of the same. 10 The Trustees, their officers and workmen, may at all reasonable Power to enter times in the day-time, upon giving Twenty-four hours' previous notice upon land. in writing, enter into and upon any lands required for the purposes of this Act, for the purpose of surveying or valuing the same. 11 The Lands Clauses Act shall, except as hereby expressly varied, 21 Vict. No. 11 be incorporated with this Act; but incorporated. 1. There shall not be incorporated with this Act the Sections and 11. In the construction of this Act and the said incorporated Act, 12 For the purposes of this Act it shall be lawful for the Trustees to Entry upon land. enter upon any land and to take levels of the same, and to set out such parts of such land as the Trustees think necessary, and to dig, cut, trench, and break up the soil of such land, and to remove all earth, stone, trees, or other things dug or obtained out of the same, and to use A.D. 1898. If compensation excessive Trustees may give up land. Construction of works. Trustees to give notice prior to first entry upon land. Trustees to do as little damage as may be. Trustees to make compensation by execution of works. Westbury and Hagley Water. such materials in the construction and upholding of the works authorised by this Act. 13 Where the Trustees give notice of their intention to take land for any of the purposes hereinbefore set forth, and the compensation in respect thereof is determined as in cases of disputed compensation, if the Trustees deem it inexpedient to pay the amount of compensation so determined they may, within Twenty-one days after notice of the amount of compensation so determined on, withdraw the first-mentioned notice on payment of all the costs of reference and award. 14 It shall be lawful for the Trustees from time to time to make, construct, lay down, maintain, alter, or discontinue such waterworks upon any land as the Trustees think necessary for the purposes of this Act; and also to enter into any contract concerning the same that they may think advisable; and also to dispose of any waterworks by sale, lease, or otherwise whenever they shall deem it advantageous so to do. 15 Prior to the first entry upon any land by the Trustees for the purposes of this Act, not less than Seven days' notice of the intention of the Trustees to enter shall be given by the Trustees to the owner and occupier, if any; but no notice shall be necessary previous to any subsequent entry by the Trustees upon such land for the purposes of this Act. 16 In the exercise of the powers conferred by this Act the Trustees, shall do as little damage as can 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 such as are taken away or interrupted by the Trustees. 17 The Trustees shall make compensation in manner hereafter for damage done provided to all persons having a right to the use of any water taken or diverted by the Trustees under the authority of this Act; or having a lawful interest in any land other than land purchased by the Trustees in or upon which any waterworks may hereafter be constructed, or which may be injuriously affected by the construction and maintenance of the waterworks under this Act; or otherwise by the execution by the Trustees of the powers hereby conferred for all damage sustained by reason of the exercise as to such land or water of the powers vested in the Trustees by this Act. Persons damaged to make claim for compensation. 18 Any person claiming such compensation shall prefer his claim by notice in writing addressed to the Trustees and served upon the Secretary or Chairman of the Trustees, in which notice shall be specified the place of abode of the claimant, the particular act occasioning the damage for which compensation is claimed, the nature and amount of such damage, and the nature of the title or interest of such claimant in or to the water or land, as the case may be, in respect of which the claim is preferred; and if any such person and the Trustees do not agree as to the amount of such compensation, the same, and the application thereof, shall be determined by arbitration in the manner provided by "The Lands Clauses Act" in cases of disputed compensation, or at tlie option of either the Trustees or claimant, by a Judge of the Supreme Court, upon either party giving Seven days' notice to the other after the Westbury and Hagley Water. delivery of such claim; and the amount of such compensation to be paid A.D. 1898. in such case shall be ascertained by the Judge in such manner as he deems advisable, and subject to such conditions as such Judge sees fit how to be Compensation to impose; and all costs of any proceedings taken under this Act before ascertained. a Judge shall be in his discretion as to the party by whom such costs shall be borne, and payment thereof may be enforced and recoverable by the party to whom such costs shall be payable as in equity. be barred. 19 If the Trustees, by notice in writing, require any person to make Persons not claim for compensation for any damage occasioned by the exercise making claim previously to the service of such notice of any of the powers conferred when required to on the Trustees by this Act, such person shall not be entitled to compensation for any damage sustained by reason of the exercise of any such powers previously to the service of such notice unless he prefers his claim in manner aforesaid within Six months after service of such notice. may appeal to Judge of the Supreme Court. 20 If either party is dissatisfied with the award of the arbitrators or Dissatisfied party the umpire appointed to determine the amount of compensation to be paid to the owner or occupier of any land taken or occupied under the a authority of this Act, or with the decision of the arbitrator or umpire appointed to determine the amount of compensation to be paid to any person claiming the right to use any of the water diverted or appropriated by the Trustees, the dissatisfied party, when the amount of compensation awarded by the arbitrators or umpire exceeds Fifty Pounds, may appeal from the award of the arbitrators or the umpire, as the case may be, to a Judge of the Supreme Court, and may have the amount of compensation fixed by a Judge of the said Court in the manner hereinafter provided. 21 If the dissatisfied party desire to appeal from the award of the Procedure upon arbitrators or umpire as aforesaid, he shall, within Fourteen days after appeal. the delivery to him of such award, or a copy thereof, give notice in writing to the other party of his intention to appeal, an shall, within One month after service of such notice upon the opposite party, prosecute such appeal in accordance with the Rules made by the Judges for conducting appeals under "The Main Line Railway Amendment Act, No. 2," so far as such Rules are applicable, and the amount of the compensation to be paid in such case shall be ascertained by a Judge of the Supreme Court in such manner as he deems advisable, and subject to such conditions as such Judge sees fit to impose; and the Judge may also in his discretion make any Order as to the party by whom the cost of appeal shall be borne: Provided, that a Judge of the Supreme Court may, upon what he shall deem sufficient cause, allow an appeal under this Act to be prosecuted after the expiration of the time herein before allowed for that purpose, but no appeal shall be allowed after the expiration of Three months after service of notice of intention to appeal. 22 Where the dissatisfied party gives such notice of appeal as aforesaid, then the award given by the arbitrators or the umpire shall not be made a Rule of Court until a Judge of the Supreme Court, by an Order in writing under his hand, determines the matter in dispute, or the time hereinbefore allowed for prosecuting the appeal has expired. Award not to be made a Rule of Court until Judge determines matter in dispute. |