224
THE NEW ZEALAND GAZETTE.
[No. 10

District, whether the said works be constructed and maintained wholly or in part by the Board or by private individuals with the consent and under the authority of the Board.

Diversion of Water.

1. Every person who, without the license of the Board, in writing first had and obtained, shall divert water from any water-race, or cause or permit or suffer water to be diverted therefrom, shall, on conviction, forfeit for every such offence a sum not exceeding £20 for every day during which such diversion shall be suffered to continue.

2. Whosoever having received permission from the Board to divert water from any water-race, or any other person who shall be supplied with water by the Board by means of a race or otherwise, or who has access to any water-race for the taking of water therefrom, shall permit or suffer water to run to waste from any reservoir, race, channel, pipe, or conduit by means of which he has been permitted to divert water from such water-race as aforesaid, or is being supplied with water, or to which he shall have such access, shall, on conviction, forfeit and pay for every such offence a sum not exceeding £50.

3. Every person who shall divert the water of any stream or watercourse or storm-water from its natural flow into any reservoir or water-race shall, on conviction, forfeit and pay for every such offence a sum not exceeding £50.

4. In any case where the Board possesses the exclusive right of collecting for the supply of any reservoir or other water-race the storm-water which shall fall upon any gathering-ground, any person whosoever who shall by any means divert any such water from the course of its natural flow, so that the same shall tend to flow elsewhere than to such reservoir or other water-race, or some watercourse leading thereto, or shall flow to the same in a foul state, shall, on conviction, forfeit and pay for every such offence a sum not exceeding £50.

Maintenance of Race.

5. It shall be the duty of every occupier of land through which a race or water-channel forming part of any system of waterworks shall pass, whether the same be a main, branch, or service race or channel, and whether it shall be in existence at the time of the making of these by-laws, or shall be constructed hereafter, to keep the said race or water-channel in good order and repairs, and free from all obstructions whatsoever; to construct and maintain proper and substantial field-crossings over such race or water-channel, where the same shall pass through his land, of such kind and in such places as may be required; and to obey all regulations which the Board shall make relative to the administration, maintenance, and repair of races or water-channels and the works connected therewith; and, in the case of the default of any occupier to keep and maintain such race or water-channel in good order and repair, and free from all obstruction whatsoever, and to keep and maintain proper and substantial field-crossings as aforesaid, the Board may, without notice to such occupier, and without releasing him from any penalty under these or any other by-laws of the Board in force for the time being, or other liability which he may have incurred by reason of such default, proceed to execute the work left undone by him, and recover the cost of the work from such occupier in any Court of competent jurisdiction. The facts of such race or other water-channel passing through the land of such occupier, and his being at liberty to use the water thereof, shall be deemed to imply an undertaking and agreement on his part to perform the works hereby required to be performed by him, and otherwise to observe and obey all by-laws and regulations of the Board affecting such race or water-channel.

6. Where a race or water-channel shall pass between the lands of two adjoining occupiers such occupiers shall be liable to maintain and keep such part of the said race or water-channel in good order and repair, and free from all obstructions, and to erect such field-crossings over the same as may be severally required of them; but in all other respects the provisions of the last preceding by-law shall apply to them mutatis mutandis.

7. The provisions contained in the last two preceding by-laws relative to the repairs of races and water-channels by occupiers of land shall be subject to this restriction, namely, that if, at any time damage shall be occasioned by floods to any main or branch race or water-channel (but not to any service-race intended to supply the lands of one person only with water) such damage shall be repaired at the cost of the Board.

Charge for Maintenance.

8. It shall be lawful for the Board from time to time, by resolution in that behalf, to fix an annual charge to be paid to the Board by every occupier of land through, along, abutting upon, or adjacent to which any aqueduct, race, or water-channel shall pass, and the water from which he shall be at liberty to use, for the supply of such water. Such charge shall be fixed on the basis of a sum to be paid for each mile or fraction of a mile in length of the aqueduct, race, or water-channel where the same passes through, along, or adjacent to, or abuts upon the land of such occupier or owner, and shall be made payable either in one sum or by half-yearly instalments, on such day or days in each and every year and in such places as shall be appointed by such resolution. All moneys which shall be received by the Board hereunder shall be expended upon the maintenance and repair of dams, weirs, head-works, and head-races, and the inspection and general supervision of waterworks, or otherwise in connection therewith as the Board may think fit: Provided always that nothing herein contained shall prejudice or affect any covenant or agreement which may already subsist or may hereafter be made between the Board and the owner or occupier of any land relating to the maintenance and repair of any waterworks:

Provided, further, that, if the occupier of any land shall fail to pay any such charge or any instalment thereof within one calendar month after the day when the same shall become due and payable, the Board may, if it thinks fit, recover the same from the owner of such land; but its right to recover from such owner shall not release such occupier from his liability to pay such outstanding charge or instalment thereof, but the occupier and owner of the land shall be severally liable for the same. Seven days at least before proceedings are taken against the owner of any land to recover such outstanding charge or instalment, notice in writing, under the hand of the Clerk or some other officer of the Board, that such charge or instalment remained unpaid shall be served upon such owner by either being delivered to him personally, or left or sent by post in a prepared letter addressed to him or his agent at his usual or last known place of abode.

9. The charge mentioned in the last preceding by-law may be imposed either upon the occupiers or owners of all lands watered or benefited by a water-race, or upon the occupiers or owners of lands in certain districts only; and the Board may, by resolution, from time to time fix or vary the boundaries of such districts, and in like manner may lessen or increase the number of such districts. The charges in the different districts may vary in amount, and may be altered from time to time, as the Board shall think fit.

Obstructions and other Injuries to Waterworks.

10. If any person shall do any of the following things:—

(a.) Obstruct or impede by any means whatsoever the free flow of water in or through any aqueduct, race, sluice, stream, culvert, or other waterwork, or shall cause the same to be obstructed or impeded, or shall place any timber, stone, earth, or other material, or anything whatsoever, in, upon, or across, any reservoir, aqueduct, race, sluice, stream, dam, embankment, weir, culvert, or other waterworks;

(b.) Permit or suffer gorse, broom, thorn, or other brush or plant, or any tree, to grow so that the shoots, foliage, or branches thereof shall destroy or impede the free flow of water in or through any aqueduct, race, culvert, or other waterworks; or shall cast any tree, gorse, broom, thorn, or other bush or plant, or cuttings therefrom, into the water of such aqueduct, race, culvert, or other waterwork, or upon the bank, edge, top, or side thereof; or shall permit any tree, gorse, broom, thorn, or other bush or plant, or cutting from any tree, gorse, broom, thorn, or other bush or plant, to lie upon or close to any culvert, race, or other waterwork;

(c.) Plough, dig up, or disturb the banks, sides, or bottom of any water-race, or in anywise injure any water-race;

(d.) Ride, drive, or lead any horse or other animal, or drive, wheel, or transport any carriage, cart, or other vehicle, tree, timber, engine, boiler, machine, or anything whatsoever, in, through, along, or across any race or other waterwork, whether such race or waterwork shall be in or upon land belonging to or in the occupation of the Board or the Crown, or private land, or in or upon any road or elsewhere, except at the crossing-places appointed by the Board;

(e.) Cause, permit, or suffer any horse, bull, ox, cow, pig, goat, or other animal, to injure, destroy, or trespass in or upon any building, dam, weir, reservoir, race, culvert, tank, or other waterwork, or to injure or destroy the same, or befoul the water thereof;

(f.) Cause, permit, or suffer any horse, bull, ox, cow, pig, goat, or other animal to injure, destroy, or trespass upon any fence, gate, or plantation of trees, bushes, or shrubs erected, made, planted, or kept for the protection or otherwise in connection with any waterworks;

(g.) Break, cut, or root up, or otherwise damage or destroy, any fence, gate, tree, bush, or shrub erected, made,