6
Where, however, the people in a district are able and willing to
manage their own affairs, there are many advantages in their doing
so. On the whole, for example, the principle of management of
the water supply of a town by a locally elected Waterworks Trust
has worked well.
‘The Act, therefore, makes provision for several alternatives. ‘The
authority in charge of a district may be the Commission, or a river
improvement trust acting, as waterworks trusts do, under the general
control and supervision of the Commission. :
‘Where such a Jocal trust is formed, the Commissioners may be
elected by the municipal councils concerned, or by the ratepayers
of the district; or may be appointed by the Governor in Council
The decision as to how many are to be appointed in each of these
ways for each trust is a matter of circumstances.
In cases where a river improvement district is wholly within one
municipality, the council of that municipality may be appointed as
the Coramissioners of a trust to manage the district.
‘Where the areas concerned are too small to justify the formation
of a district, or where the works necessary are few or ‘scattered,
‘the works may be done by the Commission or, as at present, by
the local Shire Council, arrangements being made beforehand, if
necessary, whereby any landholders who benefit should contribute
to the cost of the work.
Drainage Districts.
It will be noted that the definition of ‘river improvement works”
includes “draining land”. Drainage and river improvement are often
intimately connected, and on many streams the body which carries
out river improvement will be better able to plan its works if it
controls drainage as well. Where the proposed works of a trust
are principally drainage, the Governor in Council may constitute
the trust as a drainage trust, with a drainage district, instead of
as a river improvement trust; the provisions of the Act applying
to such drainage trust and district as if the district were a river
improvement trust with a river improvement district,
Changes Regarding Districts.
Provision is made in the Act for districts to be increased or
diminished; for two or more districts to be united; for the control
of a district to be transferred from a trust to the Commission, or
vice versa; and for districts to be abolished, if necessary.A river improvement district may be formed including lands which
at the time are within an existing drainage area under the Drainage
Areas Act 1928, The Act provides that, when the district is constituted,
the drainage area may be abolished and its property, income, assets,
rights, and liabilities vested in the river improvement authority.
Alternatively, one or more drainage areas may be converted into
a river improvement district.
POWERS OF AUTHORITIES.
Works.
‘The Act gives various bodies powers to carry out and maintain
river improvement works.
‘The State Rivers and Water Supply Commission may carry out
and maintain such works within any river improvement district
for which it is the authority; or, with the consent of a river
improvement trust, within that trust's district. It can also carry
out such works outside any river improvement district, except in
certain areas under the control of the Melbourne and Metropolitan
Board of Works.
A river improvement trust may carry out such works inside its
own district, or, with the consent of the Governor in Council, outside
that district.
Any such works may ‘be carried out and maintained on such basis
of financial contribution between the authority and landowners or
occupiers as may be agreed upon.
If any river improvement trust fails, in the opinion of the
Commission, to carry out and maintain river improvement works
satisfactorily within its district, the Commission may carry out river
improvement works in the trust's district at the expense of the
trust or on such basis of contribution as the Governor in Council
determines.
‘The Council of a municipality, with the consent of the Commission,
may carty out and maintain river improvement works within its
municipal district (whether within or outside a river improvement
district), at the expense of the municipality or on such basis of
financial contribution between the municipality, the Commission and
any landowners or occupiers concerned as is agreed upon.
The Act further provides that in carrying out river improvement
works a river improvement trust shall (except in case of emergency)
act under the general control and supervision of the Commission
as required by the Commission. It also stipulates that before a
trust enters into a contract for more than £500, or undertakes worksestimated to cost more than £509, it shall submit plans and
specifications to the Commission and get the Commission’s consent
in writing,
Other Powers.
It is further provided that for the purposes of this Act any river
improvement authority or Council may make surveys, and enter
on any land for the purpose; prepare and revise maps; after giving
reasonable notice, it may enter on any Jands and carry out river
improvercent works, or, with the consent of the Governor in Council,
divert any river.
For the purpose of the Act, also, the Commission, or, with the
consent of the Governor in Council, a trust, may by agreement
purchase, or take on lease, or compulsorily take any land or any
right or easement in or over such land. The Commission, or a
trust with the consent of the Commission, may sell or lease any
land acquired by it under the Act.
Financial Provisions.
Each river Improvement authority must keep a fund, which shall
be applied only in and towards the administration of the Act and
for the carrying out of works by the authority in relation te the
district under the Act. Into this fund shall be paid all sums levied
by way of rates: afl sums made available by Parliament or provided
by any municipality; all sums borrowed by overdraft; and any
other sums received in relation to such a district.
Any river improvement authority may make and levy a rate
not oftener than once a year, in respect to properties which are
within its district and rateable to any municipality. Such rate shall
be made by by-law, subject to the approval of the Governor in
Council, Before making the rate, a trust must make an estimate
showing the sums available and required, and the annual value or
unimproved capital value; and this estimate shall be approved by
the Minister, If desired, the properties to be rated may be arranged
in divisions as is determined by the Governor in Council.
A trust may accept from any bank an overdraft of up to £750, or
half the prior year’s revenues from rates, whichever is the greater,
The Act enables the Governor in Council to make advances by
way of loans to any river improvement authority, Each authority
shall keep a separate account for each loan.
River improvement trusts must in relation to finance operate
under the general direction and control of the Commision. If a
trust falls to reimburse the Commission for any costs of orcontributions to works which under the Act are payable by the
trust to the Commission, the Commission, after giving three months’
notice, may exercise the rating powers of the trust till ft is fully
reimbursed.
‘The Government has agreed to make available substantial financial
assistance by way of free grants to River Improvement Authorities
on the following basis:—
Capital Works In River Improvement Districts to be financed by
advances from Loan Funds on the following basis: —
() Seven-eights of the total cost of approved works other than the
construction of levee banks or the excavation of drains to Le
provided by the State as free grants;
Gi) Two-thirds of the total cost of approved levee banks and drains
to be provided by the State as free grants;
(i) River Improvement Authorities to repay to the State the
rernaining portion on terms similar to those operating in
connection with Urban Waterworks Trusts, 1 total
payment per annum to cover interest (3%) and Sinking
Fund;
(Gy) Grants to River Improvement Authorities to be conditional
upon satisfactory arrangements being made for adequate
rates to be levied to meet annual maintenance, manage-
ment, and capital charges as provided in the River Improve-
ment Act.
Formation of River Improvement Districts.
If the landholders along a river desire that any extensive works
of river improvement or drainage, or both, should be carried out
tor the benefit and protection of their properties, they may ask
for the formation of a river improvement district.
They must realize that the formation of such a district will mean
that the lands within it and benefited by the works will be subject
to rating. It is unlikely, however, that the Government will allot.
any large sums of money to assist with river improvement and
@rainage unless the local people are willing to have their lands
included in a district and rated,
Procedure.
The first step would be a conference between the landholders
themselves, to decide whether they will ask for a district or not,
If they decide in favour of asking for a district, the next step
would be to get in touch with their local Shire Council; or, if the
river runs through or between several Shires, with all the Shire
Councils concerned, The Council or Councils can then get in touch
with the Commission, If the Councils refuse to act, or, in theto
opinion of the landholders, do not act promptly enough, the Jand-
holders may later approach the Commission direct; but they should
in any case see the Shire Councils first.
Points to be decided are—
(1) Whether the authority which 1s to control the proposed
district Is to be the Commission or a trust, or, if entirely
within one municipal district, the municipal council
acting as a trust.
(2) What (on general lines) are to be the works the authority
in charge of the district is to undertake. .
(3) What are to be the boundaries of the district.
(4) What degrees of benefit, if any, are to be recognized in
alloting the lands to divisions, if any, for rating.
If it is thought preferable that the Commission should run the
district, the Commission should be approached and asked to apply
for the constitution of a district under section 5 of the Act. (This
does not. mean, of course, that the Commission must agree to the
request.)
In many cases, however, the landholders would prefer control by
a local trust. The Commission, in principle, is quite agreeable to
this, as long as the trust carries out its work satisfactorily and
handles its finances efficiently. The Act reserves to the Commission
the right to step in and take over if the trust does not work
properly.
A Council, or two or more Councils jointly, may make application
to the Minister of Water Supply for the constitution of a river
improvement district under the jurisdiction and control of a river
improvement trust. (See sections 6 to 16 of the River Improvement
Act.) Such an application may be made whether or not part of
the proposed district Is outside the municipal districts of the Councils
making the application, and notwithstanding that -the proposed
district, or any part of it, forms part of or includes any irrigation
and water supply district, waterworks, flood protection, or drainage
district under thé Water Act 1928, or any drainage area under the
Drainage Areas Act 1928.
The applicant shall cause to be prepared a general plan and
description of the proposed works, showing their character and
extent, The description should show clearly—
(a) the object and purpose of the works;
(b) a provisional estimate of their cost;