AN ACT to make provision for a Supply of A.D. 1895. Water for the Town of Scottsdale.

[24 October, 1895.]

WHEREAS it is expedient to make legislative provision to ensure PREAMBLE.

a supply of Water for the use of the inhabitants of the Town of Scottsdale, from such source, and in such manner, and under such control, management, and conditions as are hereinafter provided:

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 Scottsdale Water Short title. Act, 1895."

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2 The Town Boards Act, 1891," shall, except as hereby expressly Incorporation. varied, be incorporated with this Act, but there shall not be incorporated 55 Vict. No. 41. with this Act Section One hundred and forty-one of the said Act.

3 In the construction and for the purposes of this Act, and of all Interpretation. proceedings under this Act, or under any By-laws in force or made under this Act, unless the context otherwise determines

Scottsdale Water.

"Town means the Town of Scottsdale, as proclaimed under "The Town Boards Act, 1884:"

"Board means the Board of the Town of Scottsdale, elected under "The Town Boards Act, 1891:"

Landholder" extends to and includes the owner or occupier of any property situate within the Town whose name is on the Assessment Roll:

"Person" includes Corporation :

Property" includes lands and buildings :

"Assessment Roll" means and includes every Assessment in

force for the time being, or made under the authority of this Act, in which any property situate within the Town is comprised:

"Rate" shall mean a Rate duly made under and for the purposes of this Act:

"Waterworks extends to and includes all reservoirs, wells, cisterns, tanks, aqueducts, watercourses, tunnels, feeders, drains, channels, cuts, floodgates, sluices, conduits, filters, troughs, dams, embankments, pumps, culverts, pipes, pipebreaks, engines, buildings, and other works of what kind soever which are from time to time necessary or used for effecting the purposes 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.

F4 It shall be lawful for the Board to enter from time to time upon the Brid River, and the bed and banks thereof, and to cause such works to be erected or established in the bed of the said river and on the banks thereof as shall be necessary from time to time to divert the waters of the same, and to divert and appropriate such quantity of the water of the said river as shall be required for the purposes of this Act.

5 The Board is hereby empowered to purchase any land which it may consider to be necessary for the purposes of this Act, and which it may think proper to purchase, and for the purpose of facilitating and effectuating any such purchase The Lands Clauses Act, except as hereby expressly varied, shall be incorporated with this Act, but

I. There shall not be incorporated with this Act the Sections and provisions of the said Act hereinafter mentioned; that is to say,-Sections Eight and Nine:

11. In the construction of this Act and the said incorporated Act this Act shall be deemed to be the Special Act, and the Board shall be deemed to be "the Promoters of the undertaking."

6 For the purposes of this Act, it shall be lawful for the Board to enter upon any land and to take levels of the same and to set out such parts of such land as the Board may 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 such materials in the construction and upholding of the works authorised by this Act; and to cut down any indigenous timber which, in the opinion of the Board, may be a source of danger to the works so constructed.

Scottsdale Water.

7 Prior to the first entry upon any land by the Board for the A.D. 1895. purposes of this Act, not less than Seven days' notice of the intention Board to give of the Board to enter shall be given, in writing, by the Board to the notice prior to owner and the occupier, if any; but no notice shall be necessary first entry upon previous to any subsequent entry by the Board upon such land for the land. purposes of this Act.

8 It shall be lawful for the Board from time to time to make, Construction of construct, lay down, maintain, alter or discontinue such waterworks works. upon any land as the Board thinks necessary for the purposes of this

Act.

9 The Board may from time to time open and break up the soil and Breaking up pavement of any road along which it may be expedient to convey roads. water for the purposes of this Act, whether such road shall be within the limits of the Town boundary or beyond the same; and may open and break up any sewers, drains, or tunnels within or under any such road, and lay down and place therein or thereunder pipes, service pipes, and other works, engines, buildings or reservoirs, provided that no permanent obstruction to the traffic over such road be occasioned by any such erection; and may from time to time repair, alter, or remove the same, and do all other acts which the Board may from time to time deem necessary for supplying water to the inhabitants of the Town and any part beyond whereunto the Board may be required to bring the same.

10 Whenever by this Act authority is conferred on the Board to enter upon any land for the purposes of this Act, or to do any act in or relating to the construction or maintenance of any work, the same authority shall equally extend to all persons acting by the direction of the Board, and to all necessary agents, assistants, servants, and workmen.

Powers conferred on Board to

extend to officers duly authorised.

11 The Board shall, at the request of the owner or occupier of any Supply of water. house situate within the Town, furnish to such person within such house

means of communication by pipes and other necessary appliances

to be provided, laid down, and maintained by the Board, at the cost of such person, a sufficient supply of water for his domestic purposes, including a supply for any private water-closet or fixed bath.

Town.

12 The Board may cause pipes to be laid down and water conveyed Supply beyond to any part beyond the boundary of the Town, whereunto the Board is boundary of required by the owners or occupiers of houses in any such part, on payment of the expense of providing and laying down such pipes, provided that no such requisition shall be binding on the Board unless such owner or occupier shall execute an agreement binding himself to take such supply of water for Three successive years at least, and on such terms for the payment of the same as may be agreed on.

13 The Board may, if it sees fit, furnish to any person a supply of Other than water for steam engines, or working machines, or apparatus, or for domestic purposes. horses, or cattle, or washing carriages, or for gardens, or for flushing sewers or drains, or for any trade, manufacture, or business, or for any other purpose not domestic, such supplies to be so furnished at such charges and upon such conditions as may be agreed upon between the

A.D. 1895.

Board may levy

Rate.

Limit of Rate.

One-fourth only to be levied.

Power to remit.

Upon making
Rate notice of

same to be given.

Where several

premises supplied by one pipe, each to pay rate.

Kate how to be recovered.

Scottsdale Water.

Board and the person desiring the same, provided that the charge for the same, as far as possible, shall be uniform to all persons in the same circumstances and requiring the same extent of supply.

14 It shall be lawful for the Board, yearly, half-yearly, or at such other periods as to it may seem necessary, to make and levy a Rate to be paid by the occupiers of all properties within the Town for the purposes of this Act.

15 Such Rate being a Water Rate may be assessed on such property according to the capital or annual rateable value thereof, or on any other scale or principle of calculation which the Board may determine: Provided that such Rate shall not in any one year exceed Two Shillings in the Pound upon the annual value of such property as ascertained by the Assessment Roll in force for the time being in the Town, or One Penny One Farthing in the Pound on the capital value of such property as shown by the Assessment Book in force for the time being under "The Assessment Act, 1887."

16 No person shall be liable to the payment of the said Water Rate in a greater proportion than upon One-fourth part only of such annual or capital value of any property occupied by such person unless such property is actually supplied with water for domestic purposes, or unless the mains or other pipes of the Board are laid down and properly supplied with water within Fifty feet of a dwelling-house on such property.

17 In case any house shall have remained empty for not less than thirteen consecutive weeks, the Board may remit the Water Rate for such time or such portion thereof as it shall think fit.

18 Upon the making of any such Rate, a notice signed by the Chairman of the Board and not less than Two other Members, specifying the amount in the Pound of the Rate, the period for which the same is made, and at what times the same is payable, shall be published in the Gazette, and upon such notice being so published the Rate therein mentioned shall be payable and paid at the times specified in such notice by the persons liable to pay the same according to the Assessment Roll then in force for the purposes of this Act; and it shall not be necessary in any such notice to set forth the names of the persons liable to the payment of the Rate, or the sums which, according to such Rate, such persons are liable to pay, or any other particulars than are hereinbefore in that behalf mentioned.

19 When several buildings are supplied by one common pipe, the several occupiers of such buildings shall be liable to the payment of the same Rate for the supply of water as they would have been liable to if each of such several buildings had been supplied with water from the waterworks by a separate pipe.

20 If any person, liable as herein provided to pay a Water Rate, neglects to pay the same within due time after the same has been lawfully demanded, the Board may stop the water from flowing into the premises in respect of which such Rate is payable by cutting off the pipe to such premises, or by such means as the Board may think