AGY-2237 | City of Sydney Improvement Board

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The City of Sydney Improvement Act, 1879, had been constituted as a result of the findings of the Sydney City and Suburban Sewage and Health Board regarding the poor condition of buildings and sanitation within the City of Sydney due to a lack of proper legislation and codes of building practice. (1) The preamble of the City of Sydney Improvement Act stated that the present law "relating to the construction of buildings with a due regard to the safety of the inhabitants ... is in many respects imperfect and it is advisable to amend the same". (2) This new Act resulted in the repealing of Acts insufficient, but more importantly, the creation of a Board to enact its provisions. (3) According to Section 6 the City of Sydney Improvement Board was to be appointed to execute the Act. The Board was to comprise five members including at least one professional architect, one practical builder and one medical practitioner. The aims of the Board were twofold. Firstly, to ensure that the building standards as stipulated by the Act (Schedules A-H) be adhered to by the City of Sydney Council (and any other municipality nominated at a later date). (4) A City Surveyor was to be appointed by the City Council to apply these standards. (5) Secondly, the Board was to act to resolve disputes between the Council and building owners in the event of a complaint. (6) The demise of the Board can be attributed to its duplication of powers with the City Council, its reliance upon the City Surveyor and the requirement of a complaint to be made to activate the Board. The Incorporation of the Town of Sydney Act (1842) empowered the City Surveyor to give notice to property owners to take down or secure dangerous buildings under the threat of further action by Council. (7) The City Surveyor was therefore reluctant to liase with the Board. Commenting upon this fact in its last Annual Report, the Board stated that since no matter was presented by the City Surveyor to set the Board in motion, the Board was "inactive" resulting in "useless expenditure of public money". (8) Its suggestion to amend the Act by replacing the City Surveyor with its own Inspector of Buildings went unheeded, as Parliament refused to vote the Estimate for the Board for the first half of 1895. The unfunded Board's last recorded meeting was held 17 February 1896. (9) Whilst the City of Sydney Improvement Act remained in force for some time afterwards, the Board itself was legally abolished under the provisions of the Sydney Corporation (Amendment) Act, 1934 (Act No.9, 1934). (10, 11) ENDNOTES
(1) Concise Guide to the State Archives (S-Y): Sydney City & Suburban Sewage & Health Board
(2) The City of Sydney Improvement Act 1879 (42 Vic. No.25) assented 3 June 1879.
(3) ibid., s.2.
(4) ibid. ,s.4.
(5) ibid., s.18-22.
(6) ibid., s.7.
(7) Concise Guide to the State Archives (Ca-Commissioners): City of Sydney Improvement Board
(8) NSW Votes & Proceedings, 1894-1895, Vol. 3, p.1035.
(9) City of Sydney Improvement Board: Minute Book, Vol. 3, p.2770, SRNSW ref: [1/2130].
(10) See for example, Local Government (Areas) Act 1948 (Act No.30, 1948), s.36.
(11) Sydney Corporation (Amendment) Act, 1934 (Act No.9, 1934), Part XV, s.25, 26.