Ashburton County Council Waterworks Act 1879
Ashburton County Council Waterworks Act 1879
Ashburton County Council Waterworks Act 1879
Ashburton County Council Waterworks Act 1879
Local Act |
1879 No 25 |
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Date of assent |
19 December 1879 |
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Contents
An Act to enable the Ashburton County Council to construct Works for supplying Water for the use of the Ratepayers of that part of the County of Ashburton which lies between the Ashburton and Rakaia Rivers.
Preamble.
WHEREAS it is expedient to empower the Ashburton County Council to construct waterworks and to take water from the Ashburton or Rakaia Rivers, or both, or any tributary of either, for the purpose of giving a supply of water for domestic, agricultural, and pastoral purposes to the ratepayers and residents in that part of the said county which lies between those rivers:
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
The Short Title of this Act is “The Ashburton County Council Waterworks Act, 1879.”
2 Interpretation.
In this Act, if not inconsistent with the context,—
“Council” means the Ashburton County Council;
“Waterworks” means and includes all the races, aqueducts, culverts, and drains (whether open or covered), streams, reservoirs, dams, sluices, wells, tanks, pipes, bridges, machinery, plant, buildings, and works, whether of the same kind or not that may be made, erected, or in any way belong to or be used in connection with the conveyance and supply of water by the Council under the authority of this Act, and all the land occupied by such works and all rights appertaining thereto;
“Water-supply scheme” means any scheme of water supply adopted by the Council under the provisions of this Act.
“District” means such part of the Ashburton County, in the Provincial District of Canterbury, for which under the provisions of this Act either the Council shall have resolved to provide a water supply, or for which the ratepayers of the said part shall have petitioned the Council to provide such water supply, and of which the Council on the passing of such resolution or the receipt of such petition shall have defined and described the boundaries: And the Council is hereby expressly enjoined upon the passing of such resolution, or the receipt of such petition, to set out and describe the boundaries and give a name to such district: Provided that the boundaries shall be so defined that they shall not extend beyond one mile outside the outer lines of the water mains, channels, or pipes of the proposed water-supply scheme.
3 Power to take water for supply of ratepayers.
Whenever any water-supply scheme shall have been adopted by the Council as hereinafter mentioned for any district, the Council may for the purposes thereof take from the Ashburton or Rakaia Rivers, or both, or from any tributary of either of the said rivers within the county, a supply of water sufficient to meet the requirements of the ratepayers and residents within the district which is to be supplied with water by means of such water-supply scheme, for their domestic, agricultural, or pastoral purposes.
4 Water-supply scheme to be framed.
Upon the passing by a majority in number of the members of the Council present at a special meeting convened to consider the same, of a resolution to provide a water supply for any district between the said rivers, or upon a petition in that behalf signed by the majority in number and value of the ratepayers in any such district being presented to the Council, requiring the Council to provide a water supply for such district, the Council shall cause a water-supply scheme to be prepared by an engineer or other person competent so to do, and plans thereof to be made, and estimates of the amount of loan that would be required to complete such scheme, and of the rate that would be required to be levied in order to pay the interest and provide a sinking fund for the repayment of such loan, and to devote to such purpose such portion of the county funds as they may deem requisite.
5 Council may exercise powers given by Counties and Public Works Acts.
The Council may, for the purpose of carrying into full effect all or any of the powers conferred upon them by this Act, use all or any of the powers given to them in respect of special public works under the provisions of “The Counties Act, 1876,”
and “The Public Works Act, 1876,”
which are not hereinbefore specially given to them.