AGY-3471 | Grafton and South Grafton Water Board

Full description

The Grafton and South Grafton Water Supply Act, 1910 (Act No 24, 1910) sanctioned a project which would draw water from the Nymboida River to supply the municipalities of Grafton and South Grafton. The project included the construction of a diversion weir, a tunnel 30 chains long conveyed water under an intervening ridge between the River and the head of the Blaxland's Creek Valley whence the water passed through 19 miles of pipes to a service reservoir about five miles from Grafton. The water was distributed by service main and reticulation pipes to Grafton and South Grafton.

The Grafton and South Grafton Water Board was established by the Grafton and South Grafton Water Supply Administration Act, 1915 (Act No.38, 1915) which came into force on 1 January 1916; however the first meeting of the Board was not held until 19 June 1917. (1) The Board was a body corporate consisting of six members - three of whom were aldermen of the Municipality of Grafton and three were aldermen of the Municipality of South Grafton. These were elected annually by their respective Councils according to regulations under the Act. (2)

The members of the Board elected a Chairman and Vice-Chairman. If the vote for either of these offices was equal, the Minister was responsible for determining who would hold the office. (3) A quorum consisted of four members.(4) The Board met as required, but at least every month. (5) Each member exercised one vote, but the chairman for the meeting had the right of an additional casting vote when voting was equal. (6) The proceedings of the Board were stipulated in regulations under the Act.

The Board could appoint the necessary staff to exercise its functions, however, where possible the staff of the two councils was to be used. (7)

The major functions of the Board were the administration, control and management of the water supply works which had been erected in accordance with the Grafton and South Grafton Water Supply Act, 1910; and the collection of rates and charges for water supply. The Act provided that the water rates of both councils be equal. (8) The water rates imposed were to be based on the valuations made by the Councils, and the Board was therefore authorised to inspect the records of the Councils and to copy relevant parts of these records for this purpose. (9) The Board therefore exercised the powers of a Council under the Country Towns Water and Sewerage Acts, 1880- 1905 and subsequent acts especially the Local Government Act, 1919. (10)

After the establishment of the Board, existing agreements to provide water within the Municipalities lapsed, although debts due under these agreements could be collected. (11) . The Board could, with the consent of the Minister, provide water to persons outside the municipalities (12)

The details of the following could be covered in regulations - the method of electing Board Members; meeting procedures; the accounts to be kept and procedures for inspection and audit of the accounts; penalties up to £50 for breach of the regulations. (13)

The Board could be dismissed if it defaulted in payments, and either fresh elections could be held or the affairs of the Board could be transferred to a manager. In these circumstances, if the Board had failed to impose water rates the manager could recover a rate from the clients equal to that paid during the previous year. (14)

The Grafton and South Grafton Water Supply Administration (Amendment) Act, 1931 (Act No 7, 1931) clarified the meaning of the principal Act by stipulating that the Board 'shall have and shall be deemed always to have had' authority to perform alterations and extensions to the original construction. The amending act also authorised the Board to raise loans for any of its purposes. (15)

The Grafton and South Grafton Water Supply Administration (Amendment) Act, 1946 (Act No 20, 1946) authorised the Board to acquire land as required to carry out its functions by purchase, appropriation or resumption. When the land was acquired by appropriation or resumption, the Governor's approval was necessary after he was satisfied that all necessary charges and expenses were taken into account. (16)

The Grafton and South Grafton Water Supply Administration Act, 1915 - 1946 was repealed and Grafton and South Grafton Water Board was dissolved by the Grafton Water Supply Act 1956. The administration, control and management of the water supply works were transferred to the Council of the Municipality of Grafton together with real and personal property including records. (17) The dissolution took effect on 1 January 1957 when the Act was proclaimed to commence. (18)


ENDNOTES:
(1) Grafton and South Grafton Water Supply Administration Act 1915 (Act No.38, 1915) s. 1
(2) Ibid. s. 3 - 4
(3) Ibid. s. 8
(4) Ibid. s. 9 (1)
(5) Ibid. s. 9 (2)
(6) Ibid s. 10
(7) Ibid s. 12
(8) Ibid s. 13 (2)
(9) Ibid s. 13 (3)
(10) Loc. Cit
(11) Ibid s. 16
(12) Ibid s. 15
(13) Ibid s. 18
(14) Ibid. s. 11
(15) Grafton and South Grafton Water Supply Administration (Amendment) Act, 1931 s. 2 (e) (2)
(16) Grafton and South Grafton Water Supply Administration (Amendment) Act, 1946 s. 2. New Section 15A
(17) Grafton Water Supply Act 1956 s. 3
(18) NSW Government Gazette, 21 December, 1956 p. 3728