Drainage Act 1939.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
With a view to make better provision for the drainage of land and the mitigation of the effect of floods and the control of flood waters within certain areas, this Act regulates the administration of drainage unions and drainage trusts. Existing trusts and unions constituted respectively under Parts 3 and 4 of the Water Act 1912 1936 shall be deemed to have been constituted under this Act. The procedure for the constitution of new trusts and unions is established in Part 3 of the Act. The powers, authorities, duties and functions of each union and trust shall be vested in a board of directors. The board of a union shall consist of not less than three and not more than seven directors; the board of a trust shall consist of three directors. A board or any person authorized by it may enter any land within or outside its district for the purpose of making inspections or surveys, constructing, maintaining and effecting extensions and alterations to the works, and for any other purpose in the exercise of its powers and duties.
Part 5 deals with the appointment of valuers by the board, for the purpose of determining the increased value accrued to each portion of land within the district by reason of works used or proposed to be used by the board.
Section 42 concerns the annual estimates to be made by the board for the following purposes: (a) construction, maintenance, extension and alteration of works; (b) payment to the Colonial Treasurer of any amounts due or becoming due; (c) repayment of loans, and payment of interest thereon; (d) defraying costs of administration; (e) meeting all other expenditure whatsoever in carrying out its powers, duties and functions. Further provisions regulate the making and levying of rates, the liability of owner or occupier for rates. Moreover, the Act regulates the extinction of debt to the Crown, debentures, transfer and payment of debentures and coupons, appointment, powers and duties of the receiver. General provisions regard inter alia the plan of drainage, to be drawn up by the board of each union and to be submitted to the Ministerial Corporation, showing accurately the position, direction, width, depth and other particulars of the works to be commenced.
The Act, consisting of 79 sections, is completed by two Schedules containing respectively rules for the determination of the value accrued to the land and savings and transitional provisions.
Part 5 deals with the appointment of valuers by the board, for the purpose of determining the increased value accrued to each portion of land within the district by reason of works used or proposed to be used by the board.
Section 42 concerns the annual estimates to be made by the board for the following purposes: (a) construction, maintenance, extension and alteration of works; (b) payment to the Colonial Treasurer of any amounts due or becoming due; (c) repayment of loans, and payment of interest thereon; (d) defraying costs of administration; (e) meeting all other expenditure whatsoever in carrying out its powers, duties and functions. Further provisions regulate the making and levying of rates, the liability of owner or occupier for rates. Moreover, the Act regulates the extinction of debt to the Crown, debentures, transfer and payment of debentures and coupons, appointment, powers and duties of the receiver. General provisions regard inter alia the plan of drainage, to be drawn up by the board of each union and to be submitted to the Ministerial Corporation, showing accurately the position, direction, width, depth and other particulars of the works to be commenced.
The Act, consisting of 79 sections, is completed by two Schedules containing respectively rules for the determination of the value accrued to the land and savings and transitional provisions.
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Long title of text
An Act to make better provision for the drainage of land and the mitigation of the effect of floods and control of flood waters within certain areas; to facilitate the administration of drainage unions and of drainage trusts; to repeal the Water (Costs Declaratory and Flood Prevention) Act 1924; to amend the Water Act 1912 1936 and certain other Acts; and for purposes connected therewith.
Notes
Consolidated version of Act No. 29 of 1939 as at 21 July 1999.
Repealed
Yes
Source language
English
Legislation Amendment
No
Repealed by