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 local 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 Commissioners 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 carry 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 works estimated to cost more than £500, 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 lands and carry out river improvement 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 to the district under the Act. Into this fund shall be paid all sums levied by way of rates;
all 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 Commission. If a trust fails to reimburse the Commission for any costs of or
contributions 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 it
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:

(i) Seven-eights of the total cost of approved works other than the construction of levee
banks or the excavation of drains to be provided by the State as free grants;
(ii) Two-thirds of the total cost of approved levee banks and drains to be provided by the
State as free grants;
(iii) River Improvement Authorities to repay to the State the remaining portion on
terms similar to those operating in connection with Urban Waterworks Trusts, i.e., 31 %
total payment per annum to cover interest (3%) and Sinking Fund;
(iv)Grants to River Improvement Authorities to be conditional upon satisfactory
arrangements being made for adequate rates to be levied to meet annual maintenance,
management, and capital charges as provided in the River Improvement 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 for 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 drainage 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 the opinion of the landholders, do not act promptly enough,
the landholders 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 is 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 allotting 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 the 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;