VICTORIA. ANNO SEXAGESIMO PEIMO VICTOKLE BEGINS ####*####*#**#*######****^ No. 1491. An Act to amend the Melbourne and Metropolitan Board of Works Acts 1890 and 1893. [2Ath August, 1897.] T)E it enacted by the Queen's Most Excellent Majesty by and with -*-* the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled ana by the authority of the same as follows (that is to say):— 1. (1) This Act may be cited as the Melbourne and Metropolitan short title ana con« Board of Works Act 1897, and shall be read as one with the Melbourne struction- and Metropolitan Board of Works Act 1890 (hereinafter called the N*08-1197'1351i Principal Act) and with the Melbourne and Metropolitan Board of Works Act 1893; and this Act and the said Acts may be cited together as the Melbourne and Metropolitan Board of Works Acts. (2) Sections three four five six and seven of this Act shall be deemed to be a portion of Part III* of the Principal Act. 2. The Act mentioned in the First Schedule to this Act to the Repeal. extent mentioned therein shall be and the same is hereby repealed. First schedule. Such repeal shall not be deemed to affect any notices given or things commenced or done by the Board pursuant to any of the repealed enactments before the commencement of this Act. 3. In DM 25 61 VICT.] Melbourne and Metropolitan Board of Works. [No. 1491. Interpretation. 3. In section seventy-six of the Principal Act for the definitions of the words " sewer" and u street" respectively there shall be substituted the following definitions, and such substitutions shall be deemed to take effect as from the commencement of the Principal Act:— " Sewer." "Sewer" shall mean and include any sewer or underground gutter or channel which is not a drain within the meaning of this Part of this Act and any drain or portion of a drain laid between a sewer and the boundary line of any allotment or curtilage. " Street." "Street" shall include any public or common highway road or thoroughfare and also any public bridge and any road lane passage alley or court which the owners or occupiers of two or more houses or buildings adjoining thereto or proper­ ties abutting thereon have the right to use or do commonly use as a means of access to or drainage from such houses or buildings or properties. This section shall not affect or prejudice any claim for which pro­ ceedings shall have been actually commenced in any court or of which notice shall have been given before the commencement of this Act. Meaning of 4. In section one hundred and nine of the Principal Act the "foundations" in section 109 of word "foundations" shall mean foundations to a depth not exceeding No. 1197. two feet below the basement floor or cellar of any building or premises. Sees.107 No. 1197. General notice when 5- (1) The Board shall from time to time after sewers have been any streets or portions are laid in any street or part of a street cause a general notice to be given sewered. as hereinafter mentioned that the Board has made provision for carrying off the sewage of each and every property which or any part of which abuts on-such street or part of a street in which sewers have been so laid ; and after such time as shall be fixed by the Board each and every property which or any part of which abuts on such street or part of a street shall be deemed and taken to be a sewered property within the meaning of this Act. (2) The Board may by a further general notice to be given as hereinafter mentioned order that the owner of each and every property which or any part of which abuts on the said street or part of a street, if there are any houses or buildings on such property, shall within such time as shall be specified in such further notice or within such further time as the Board may allow provide "such proper water-closet or water- closets drains appliances apparatus and connexions with such sewer or sewers of the Board as may be prescribed by regulations of the Board. (3) Every property whether or not abutting as aforesaid which shall be connected with any sewer of the Board shall be and shall be deemed to be a sewered property. (4) In fixing or allowing any such time or further time pursuant to this section the Board shall have regard to all the circumstances of each case so that each owner shall have a reasonable opportunity of complying with the requirements of any such notice. (5) The 26 61 VICT.] Melbourne and Metropolitan Board of Works. [Xo. 1491. 3 (5) The general notice sliall he given by placards posted up in public in such street or part of street and shall be advertised in the Government Gazette and at least four times within four successive weeks in one or more newspapers generally circulating in the neighbourhood and shall be in the form in the Second Schedule to this Act or to the Second Schedule. like effect. And the said further general notice shall be given by serving the same on the owner of any property which or any part of which abuts on such street or part of street in maimer prescribed with regard to service of notices or orders by section one hundred and fifty-nine of the Principal Act and sliall be in the form in the Third Third Schedule. Schedule to this Act or to the like effect. A copy of every such general notice or further general notice shall be posted by the Board to the council of any municipal district within which any sewered property referred to in such notice is situate. (6) Within one month after a date to be specified in the said further general notice, or within such further time as the Board may either before or after the expiration of such one month allow, the owner of each and every property abutting on such street or part of a street shall if there are any houses or buildings on such property— (a) submit for the approval of the Board a plan for providing such property with such water-closet or water-closets and such drains appliances apparatus and connexions fitted and laid in such manner as may be prescribed by the regulations of the Board or any modification thereof which the Engineer-iu-Chief of the Board on written application made to him shall in writing under his hand approve, and such owner shall in writing under­ take to carry out such plan within one month .or such further time as the Board may in writing allow if the same is approved by the Board ; or {b) submit for the approval of the Board a plan as aforesaid and in writing request the Board if it approves thereof to give an estimate of the cost and expense thereof, and thereupon it shall be the duty of the Board so to do ; or in writing request the Board to prepare a plan as aforesaid and give an estimate of the cost and expense thereof, and thereupon it shall be the duty of the Board so to do. As soon as the Board gives such estimate such owner shall in writing undertake to carry out such plan within one month or such further time as the Board may allow, or shall in writing request the Board to carry out the same at the cost and expense of the said owner for the estimated amount, and thereupon it shall be the duty of the Board so to do. (7) If within such one month or such further time any such owner has not complied with any of the foregoing requirements, or if after undertaking so to do any such owner has not within the limited time provided such water-closet or water-closets and such drains appliances apparatus and connexions as aforesaid then the Board may order 27 4 61 VICT.J Melbourne and Metropolitan Board of Works. [No. 1491- order such owner to comply with such of the requirements of the said further general notice as it deems to he necessary or may carry out such undertaking (as the case may be), and such order shall be deemed to be an order within the meaning of section one hundred and ten of the Principal Act. (8) In the event of the Board carrying out the work of providing such water-closet or water-closets and such drains appliances apparatus and connexions, it shall be the duty of the Board at its own cost and expense to keep and maintain the same in good repair for i> period of twelve months from the time of completing the said work unless the necessity for such repair is caused by the wilful act or negligence of the owner or occupier. (9) The Board by its Engineer-in-Chief or such other officer as the Board may appoint for the purpose may at any reasonable time in the day-time after twenty-four hours' notice in writing lias been given to the occupier or left upon the premises with some person residing therein or in case there be no person resident on the said premises without notice enter any house or building and ascertain and determine whether any such further general notice has or has not been complied with.