Queensland Consolidated Acts

METROPOLITAN WATER SUPPLY AND SEWERAGE ACT 1909

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   4.      Interpretation
   5.      Repeal—sch 1

           Part 2--Administration

           Division 1--The board and its district

   6.      The Metropolitan Water and Sewerage Board
   7.      District

           Division 3--General powers and proceedings

   15.     Governor in Council may intervene
   16.     Appointment of officers

           Division 4--Dissolution of existing board

   17.     Dissolution of existing board and transfer of property etc.

           Division 5--Property

   18.     Works to be the property of board
   19.     Qualified exemption from rates

           Division 6--By-laws

   20.     Power to make by-laws—sch 4
   21.     Provisions as to by-laws
   22.     Passing of by-laws
   23.     Repeal of by-laws
   24.     Saving of past operation of amended or repealed by-law
   25.     Testing the validity of by-law

           Part 3--Construction and maintenance of works

   26.     Board may construct works
   27.     Brisbane River supply
   28.     Preliminaries to construction
   29.     Minister may cause plans etc. to be examined
   30.     Objections
   31.     Interference with railway works
   32.     Plans of outlet to be submitted to marine board
   33.     Board may go outside district
   34.     Powers of board
   34A.    Works by tramway company
   35.     Provision relating to breaking up roads
   36.     Examination of gas pipes to ascertain cause of water being fouled
   37.     Damage to works by electricity
   37A.    Structures not to be placed so as to interfere with works without authority
   38.     Local government to give particulars etc.
   38A.    Particulars of valuations to be furnished by local government

           Part 4--Water supply

   39.     Water reserves and catchment areas may be constituted
   40.     Board to supply water for domestic purposes
   41.     Supply to Botanic Gardens
   42.     Water supply to adjoining areas
   42A.    Water supply to water supply board
   43.     Request for supply to premises in a road
   44.     Supply in other cases
   45.     Agreement to supply water for non-domestic purposes
   46.     Board may sell water
   47.     Lessening etc. supply for domestic purposes
   48.     Lessening etc. supply for other purposes
   49.     Public fire hydrants
   50.     Fire hydrants near factories
   51.     Private fire services
   52.     Purpose for which water may be used
   53.     Meters
   54.     Prescribed fittings only to be used
   55.     Repairing fittings
   56.     Notice of intention to connect or disconnect fittings
   57.     Protection of fittings
   58.     When water may be cut off
   58A.    Electricity and motive power

           Part 5--Sewerage and drainage

           Division 1--Drainage areas

   59.     Constitution of drainage areas
   60.     Sewerage works vested in board
   61.     Maps of drainage areas

           Division 2--General powers and duties

   62.     Maintenance, making, and cleansing of sewers
   63.     Dwelling houses on low-lying land
   64.     Structures not to be erected in, over, or under sewers
   65.     No gully or ventilating shaft connected with sewer to be trapped without consent

           Division 3--Sewered premises

   66.     General notice when lands and roads are sewered
   67.     Further general notice
   68.     Sewered premises
   69.     Local government to be notified
   70.     Owners to submit plans etc.
   71.     Board to maintain certain works
   72.     Inspection may be made and alterations ordered
   73.     Drainage of group of premises
   74.     Construction of private drains
   75.     Cesspools etc. to be closed
   76.     Drains etc. to be cleansed
   77.     Filling up low-lying land
   78.     New buildings to have drains etc. approved by board
   79.     Restriction on right of lessee to remove buildings

           Part 6--Water and sewerage fund

   80.     Revenue, how applied

           Part 7--Loans

   82.     Future loans
   83.     Adjustments by Treasurer
   84.     Half-yearly statement of arrears to be published
   85.     Board may obtain bank overdraft
   85A.    Application to sell debentures
   85B.    Debentures to be under seal
   85C.    Loans by the issue of inscribed stock
   85D.    Debentures and stock take priority over indebtedness to Treasurer

           Part 8--Rates

   86.     Power to levy rates
           Water rates
   87.     Lands subject to water rates when main laid before this Act
   88.     Basis of water rating
           Sewerage rates
   89.     Sewerage rates
   90.     Basis of sewerage rating
           Assessment of rateable value
   91.     Rateable land
           Notice of rates—Appeal
   92.     Particulars of rates to be delivered to owner or occupier
   93.     Appeal for error in amount of rate
           Rate-books
   94.     Form of rate-book—sch 5, form 4
   95.     Rate-book may be amended by the board
           Payment of rates
   96.     Rates etc. when payable
   97.     When owner to pay rates and when occupier
   98.     When several premises supplied by one pipe, each to pay
   99.     Remedies against tenant where owner liable, and his or her remedies over
           Recovery of rates etc.
   100.    Recovery of rates
   101.    Timber may be seized for rates in arrear
   102.    Rates to be apportioned on the occupier etc. quitting
   103.    Persons liable may be resorted to in succession
   104.    Lands may be let when rates are in arrear—sch 5, form 7
   105.    Recovery of rates charged on land sold by local government
   106.    Discount for prompt payment of rates etc.
   106A.   Exemption from rates in certain cases

           Part 9--Accounts and audit

   107.    Books of account and inspection by persons interested
   108.    Appointment of auditors
   109.    Yearly audit
   110.    Examination and settlement of accounts
   111.    Financial statement
   112.    Power of auditor to compel discovery
   113.    Report of auditor
   114.    Special audit

           Part 10--Offences

   115.    Unqualified member acting
   116.    Officers exacting or accepting fees
   117.    Refusing to give up possession of works
   118.    Diverting water, or diminishing supply or injuring it
   119.    Using unauthorised fittings etc.
   120.    Fouling water
   121.    Obstructing flow etc.
   122.    Tampering with works
   123.    Interfering with works
   124.    Depositing dirt, chemical refuse etc. into sewers etc.
   125.    Offence as to drain
   126.    Obstructing execution of Act
   127.    Not permitting inspection etc.
   128.    Entry by owner etc. to execute work
   129.    Non-compliance with orders of the board
   130.    Violation of Act an offence
   131.    General penalty
   132.    Penalties recovered summarily
   133.    Who are liable for offences
   134.    Saving of other proceedings

           Part 11--General provisions

           Division 1--General

   136.    Orders in council
   137.    Owner where name not known
   137A.   Free search in office of registrar of titles
   137B.   Free search in Supreme Court registry
   138.    Continued operation of notices and orders
   139.    Remedies for moneys due
   140.    Board may act for person in default
   141.    Apportionment of joint liability
   142.    Arrangements with Government

           Division 2--Compensation

   143.    Compensation in case of damage
   144.    Limitation of liability
   144A.   Particulars of claim
   144B.   Tribunal

           Division 3--Powers for execution of Act

   145.    Entry
   145A.   Right of entry to prevent interference with watercourse
   147.    Protection of board and officers from personal liability
   148.    Justices may act though interested in certain cases

           Division 4--Expenses

   149.    Board may recover expense of works
   150.    Expenses recoverable in any court
   151.    Powers of trustees
   152.    Powers of agents
   153.    Powers of local government
   154.    Expenses to remain charge upon premises
   155.    Owners of estate less than fee simple may claim contribution

           Division 5--Evidence

   156.    District etc. need not be proved

           Part 12--Transitional provisions

   157.    Transitional provision for Audit Legislation Amendment Act 2006
           SCHEDULE 1 --
           SCHEDULE 2 -- RULES TO BE OBSERVED AT ELECTIONS
           SCHEDULE 3 -- PROVISIONS GOVERNING AND RELATING TO THE PROCEEDINGS AND BUSINESS OF THE BOARD
           SCHEDULE 4 -- SUBJECT MATTER FOR BY-LAWS
   1.      Meetings
   2.      Business
   3.      Officers and servants
   4.      Seal
   5.      Forms
   6.      Notices
   7.      Inspection
   8.      Plans
   9.      Plumbers etc.
   10.     Fees
   11.     Meters
   12.     Waste etc. of water
   13.     Proper fittings
   14.     Managing works
   15.     Catchment areas etc.
   16.     Protecting the water and works
   17.     Nuisances
   17A.    Provision of sanitary conveniences
   18.     Prescribing materials, fittings etc.
   19.     Disinfection
   20.     Water supply to groups of premises
   21.     Cattle and public vehicles
   22.     Prescribing quantity of water to be used by consumers
   23.     Insufficiency of water
   24.     Specifying purposes other than domestic
   25.     Purposes for which water not supplied
   26.     Misuse of water
   27.     Specifying where fittings may be laid or placed
   28.     Supply to sanitary conveniences
   29.     Building on low-lying land
   30.     Trade refuse
   31.     Fixing levels of water
   32.     Sewers and drains
   33.     New sewers on cutting up land
   34.     Charge for water supplied to lands not rateable
   35.     Sale of water
   36.     Charges for water supplied by measure
   37.     Levying rates
   38.     Basis of water rating
   39.     Basis of sewerage rating
   40.     Increase or reduction in price of water
   41.     Removal etc. of unlawful works
   41A.    Riparian owners
   41B.    Electricity etc.
   42.     Generally
           SCHEDULE 5 -- FORMS
           Endnotes