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Taieri River Improvement.-101-2

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Taieri River Improvement.-101-2 [AS REPORTED FROM THE LOCAL BILLS COMMITTEE.1 Holtse of Representatives, 22#d October, 1920. MT. Edie. TAIERI RIVER IMPROVEMENT. [LOCAL BILL.] ANALYSIS. Title. 14. Trust to approve of proposed works. 1. Short Title. 15. Obstruction of flow of flood-waters. 2. Taieri River Trust District eonstitu ted. 16. Penalty for damage to Trust's property. 3. Taieri River Trust constituted. 17. By-laws. 4. Provisions of River Boards Act, 1908, and 1 18. Trust to keep hydrological records. Land Drainage Act, 1908, incorporated. 19. Trust may purchase land. 5. Act not to apply to East Taieri. 20. Endowment. 6. Election of Commissioners. 21. Native fishing-rights. 7. Ratepayers list. 22. Western Taieri Land Drainage Board abol- 8. Voting. ished. Assets and liabilities of Board. 9. Rating-powers. Classification of land. Ap- 23. Commissioners to vacate office, and property · peals. Separa,te accounts to be kept. to vest in Trust. 10. Trust may borrow money by wa,y of overdraft. 24. Outer district. 11. Special loans. 25. Repea,ls. 12. General powers of Trust. 26, Commencement. 13. Particular powers of Trust. Schedules. A BILLINTITULED AN AcT to make Better Profision for the Improvement of the Title Waterway of the Taieri 1River and itt Tributaries and the Protection and Drairtage of certain Land iii Otago. 5 BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as the Taieri River Improvement Act, Short Title. 192(). 10 2. (1.) ·The area described in the First Schedule hereto is Taieri River Trust hereby constituted, and declared to be a special river district to be District constituted. called " The Taieri River Trust District " (hereinafter referred to as the district). (2.) The district shall be divided into 84* jive subdivisions with Taieri River Trust 15 the names and boundaries described in the Second Schedule hereto. constituted. 3. There shall be for the district a Trust, under the name of " The Taieri River Trust " (hereinafter referred to as the. Trust), consisting of ele¥eR eight Commissioners, one.of whom shall be elected by the ratepayers of each of the West Taieri, Momona, 20 Snow, Lee Creek, and Lakes Subdivisions, three Commissioners shall No. 101-2. 2 Taien River Improvement. tge-ek_:rtifd hy th<j ratop:r, r.; of tlie East Taic,7 Subtlivi.,ic,ii ; and three Commissioners shall froin tiine to time be :tppointed by the Minister of Public Works. Provisions of River 4. The Trust shall be deemed to be a local authority within the Boards Act, 1908, meaning of the River Boards Act, 1908, and shall have all the 6 and Land Drainage Act, 1908, powers conferred on a River Board by the said Act. The Trust shall incorporated. also have all the powers of a Drainage Board constituted under the Land Drainage Act, 1908, and subject to the provisions of this Act, the provisions of those Acts shall apply accordingly. Struck out. 10 Act not to apply to 5. Nothing in the last preceding section shall authorize the Trust East Taieri. to carry out any work within the meaning of the Land Drainage Act, 1908, in that part of the district situate on the eastern side of the Taieri River, unless on petition in that behalf from a majority of the ratepayers in such part of the district or from a majority of the 15 ratepayers in any defined portion of such district. Election of 6. The firs16 Commissioners of the Trust shall come into oflice Commissioners. on the day fixed for their election as hereinafter provided. Ratepayers list 7. The Returning Officer shall prepare for each subdivision a ratepayers list in the manner provided by the River Boards Act, 20 1908, except that there shall be inserted opposite the name of each ratepayer the total area of rateable land held by him within the subdivision in lieu of the value thereof. Voting. 8. (1.) At all elections and polls of ratepayers every person whose name appears on the ratepayers list shall be entitled to 25 exercise one vote. (2.) Those occupiers who, in accordance with the classification of lands made as hereinafter provided, are so classed as to pay no rates, shall not, so long as such classification is .in force, be entitled , to any vote. 30 Rating-powers. 9. (1.) The Trust is hereby empowered to make and levy the following rates :- (a.)An administrative rate, over t,he whole of the rateable land in the district, to provide for the payment of general administrltive cha,rges that are of common interest to the 35 district, hut, pending a classification or classifications of the lands as herein provided, such rate may be made and levied on a]1 the lands in the district. (·b.) Maintenance rates, over the rateable lands in any special area as defined herein, to provide for the cost of mainten- 40 ance, repairs, and flood-damage to works carried out under this Act, and including the Taieri River and Lake embankments at present existing : Struck out western side of the Taieri River shall not be charged to ____ Providedland on that the easternflood-damage side of the repairs river, and to vice worksversa. on the 45 (c.) A drainage rate, over all the rateable land on the western side of the Taieri River, to provide for the maintenance of any work or works constructed or maintained by the' 50 Western Taieri Land Drainage Board, but excluding the embankments mentioned in the last preceding paragraph. Taieri River Improvement. 3-9 (2.) Before making and levying a drainage rate as provided in Classifiedion of land. paragraph (c) of the precedimg subsection the Trust shall cause the land to be classified into two classes, namely : (a) Lands receiving a benefit, from the maintenance or improvement of such work or 5 works, which land shall be rateable ; and (b) all other lands, which shall be non-rateable. (3.) Tile administrative, maintenance, and drainage rates shall be uniform and be made and levied on an aurea,ge basis. (4.) For the purpose of providing the interest and other charges 10 on any loan or loans authorized by the ratepayers to be raised for lilly work or works the Trust Sh:111, by resolution which shall be published in the Gazette, describe the boundaries of the area to be benefited by such work or works, and shall declare the area so described to be a special area, and shall cause to be macie a classifi- 15 cation of the benefits to be derived by each property within such special area. In such classification there shall be specified the amount to be paid by the owner or occupier of each property, and such amount shall be deemed to be a special ariniial-recurring rate ' within the meaning of the Local Bodies' Loans Act, 1913, and shall 20 be payable at such intervals as the Trust by resolution determines, and shall be levied year by year without further proceeding by the Trust until the loan in respect of which the classification is made is fully paid off. Such rates on each property shall be made in the ratio of the individual benefit to the total estimated benefits in such 25 special area. After adoption by the Trust and before entering upon any scheme of improvement in or for the benefit of any district as defined in this subsection the lands shall be classified as herein provided. (5.) Every classification shall be dealt with by the Trust, and Appeals. 30 every person who thinks himself aggrieved thereby may appeal against the same in the manner provided by the River Boards Act, 1908. (6.) All appeals against any classification shall be decided by a Stipendiary Magistrate sitting with two assessors, one of whom shall 35 be appointed hy the Trust and the other by the Minister of Public Works. (7.) Every classification list, when signed by the Trust in ease there is no appeal, and when signed by the Magistrate and Assessors after any appeal, shall, for the purpose of any proceedings for the 40 recovery of rates payable linder this Act, be conclusive evidence of the liability of the owner or occupier for. the tiine being of the property described therein ; and every such list shall reinain in force Until another is made under the provisions of this Act. (8.) The Trust shall cause separate accounts to be kept for all Separate 4ceounts 45 administrative, Inaintenance, drainage, and special rutes inade and to be 12ept. levied. New. (9.) With respect to that part of the district which lies on the east side of the river between the Allanton Bridge and the steel 50 traffic-bridge at Henley, the following provisions shall apply:- (a.) The lands therein shall be exempt from rating under this Act. 4 Taieri River Improvement. (b.) The Board shall have the control of the river and the power to remove from the river-bed all willows and other obstructions. (c.) Subject to the approval of the Chief Engineer of the Public Works Department, the Board may cut down or remove 5 all willows from the lands in the said part of the district, and the owners of such lands shall not erect any protective works without the consent of the said Chief Engineer. (d.) Nothing herein contained shall be deemed to interfere with the right of the owners of such lands to access to the 10 river,or the use of the waters thereof. Struck out. Trust may borrow 10. The Trust may, iii anticipation of its current revenue, money by way of overdraft.
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