PART Iv.- Provisions regarding repayment of part of the expenses for the scheme's discharge. No act or proceeding of the Board shall be void or be the validity of another. only because of the fact that at the time when such board. If a majority of the petitioners, within twenty-one days after receipt of the bids from the petitioners' nominees, indicate to the board that they do not wish the works to proceed, the board shall not accept any bid for the proposed works. .
The costs of preparing the plans and calling for tenders will be borne by the applicants, who will be jointly and severally liable for their amount. The cost of constructing the drain will be considered as a cost to be paid. an advance from the Board to all landowners who own the land.!. The amount of the annual installment in each Hundred Pounds payable by the owner of the land in respect of the proportion of the cost of construction apportioned to him shall be fixed by notice published by the Board in the Gazette at the time of publication of the notice of final allotment.
In the absence of agreement, the amount of the ratio to be paid by the tenant will be settled by the Council at the request of either the landowner or the tenant. Every appeal to the Council shall be instituted by way of notice setting out the grounds of appeal and particulars of all lands affected and the notice must be given to the Council within one month of the publication in the Government Gazette of the assessment. The Council's decision on appeal will he suhje('t to a further appeal to the Local Court.
The rate shall be the amount per pound sterling of the estimated amount of appreciation which the Council estimates will produce the revenue necessary for the purposes referred to in section 47. In any proceeding for the recovery of rates, a document purporting to be a certificate under the seal of the Board stating one or more of the following, namely:-. (a) that any person is the owner or occupier of any land: All water flowing or contained in sewers or drainage works shall be and remain the absolute property of the Crown.
If any person fails to comply with any requirement of the notice, the Council may itself do the work specified in the notice and, by action in any Court of competent jurisdiction, recover from the said person the cost of doing so .
PART IV
If the total value of the benefit as so assessed after the consideration and determination of all objections in terms of this Part exceeds One Hundred and Fifty Thousand Pounds, the prescribed amount shall be One Hundred and Fifty Thousand Pounds. Council will, for the purposes of distributing the prescribed amount b'J:ltfi. between the landowners in the drainage district, prepare an assess- e. ment of the value of the benefit accruing to all the lands within the drainage district drains from the scheme, showing separately the increase in the fee-simple value of the land of each landowner. Any person may appeal against an assessment on any of the Appeals against. grounds following ._ assessments for costs. i.) that any person who is shown on the assessment as the land holder of any land is not the land holder of that land or is the land holder of only part of it:. ii.) that the assessed amount of the increase in the value of any land is more than the true amount of such increase in value:. iii.) that any land which should be included in the assessment is excluded from it:. iv.) that any land included in its assessment should be excluded.
Any appeal to the Council shall be made by notice setting out the grounds of appeal 3.1 and the particulars of all affected countries, and the notice shall be given to the Council within one month of the publication in the Gazette of the assessment . The Board shall fix a convenient time and place for the hearing of any appeal, and shall give not less than seven days' notice to the appellant and any other person whose land is to be included in the valuation: No appeal under this section shall be invalid for want of form, and it shall be sufficient if such notice clearly and reasonably states its purpose:
The decision of the Council on appeal will be subject to a further appeal to the Local Court. S all apportions between others land located within the drainage district in the proportion that the assessed value of the benefit accruing to the land of each landowner contributes to the total assessed value of the benefit accruing to the land of all the landowners . in the drainage district. The interest is calculated from the first day of July following the publication in the Government Gazette of the amounts owed by each landowner.
A 42nd part of the amount representing simple interest on the amount awarded to the landowner at the rate of four percent per annum for the period from the first day of July nineteen hundred and seventeen to the first day of July next following publication in the Gazette of the notification of the amount owed by the landowner. next July after publication in the Gazette of the amount due. of each landowner, and thereafter each installment shall be due on the 1st of July in each year: Provided that any landowner may at any time pay the balance of his land with any interest due, whereupon his liability and the charge per his land.
PART V
Lands in respect of the said land under Part IV, of the South-Eastern Drainage Amendment Act, 1908, or under the South-Eastern Drainage Scheme Acts, 1908 and 1910, or under Section 1. or under Part IV, of this Act. Any such person is also liable to pay to the said Commissioner all sums which the Commissioner must pay under the said Acts or Parts of Acts after the commencement of this Act:. Provided that no person shall be liable to pay to the Commissioner under this section any fees which the Land Board certifies are included in the price of the land.
It begins at the north-west corner of the Hundred of Duffield; thence northwesterly along the coast forming the western boundary of the Hundred of Neville to a point in a line with the northern boundary of Block C, Hundred of Neville; thence easterly to the north-west corner of Block C and along the northerly boundary of that block to the easterly boundary of the Hundred of Neville; thence due east, in the same straight line, for a distance of eleven miles; thence south to a point on the north boundary of the Hundred of Landseers, distant 174 chains 18 links east from the northwest corner of said hundred; thence westerly along the northerly boundaries of the Hundreds of Landseer and Duffield to the point of beginning. It begins at the northwest corner of the Hundred of Rivoli Bay; thence easterly along the northerly boundary of the Hundred of Rivoli Bay to the northeasterly corner of said Hundred; thence southerly along the easterly boundary of the Hundred of Rivoli Bay to the northerly corner of section 17N; thence southwesterly along the northwesterly boundaries of sections 17N and 126 to the Mount Pisgah trigonometric station at the northwest corner of the last-mentioned section; thence along the boundary of the Millicent District Council District to the coast forming the south-west boundary of the Hundred of Rivoli Bay; thence along that boundary to the point of beginning. The undersigned, being the majority of the land owners and representing three-fourths of the value of the land to be improved by the construction of the undermentioned drain, request that you construct the following drain, namely [descn'be drain.] .
And we each undertake to pay our share of the cost of constructing such drainage at the times and in the manner determined by the "Southeastern Drainage Act. The full names, addresses and occupations of each of us, and particulars of the lands that will be benefited by the drain of which we are landowners are detailed below.I solemnly and sincerely declare that the signatures of the above petition, against which my name is signed, are the genuine signatures of the persons whose signatures they purport to be .
The South-Eastern Drainage Committee has previously apportioned the cost of constructing [descn'be drainage] among the owners of the lands benefited by such drainage. Please note that I object to the amount of costs [here describe the drain by the name by which it is known, or otherwise briefly and sufficiently to identify it] awarded to me by the preliminary apportionment of the Southeast Drainage Board on the ground that such amount is excessive.
