New South Wales Consolidated Acts

WATER ACT 1912 - SECT 107

107 Notification of proposal etc

(1) The Governor may notify in the Gazette any proposal for the construction by the Crown of any artesian well, and for the conservation and supply of the water flowing from such well, together with an estimate of the cost of the same.

(2) After such notification the Ministerial Corporation may refer any such proposal to the Secretary and the Secretary shall thereupon forward a report to the Ministerial Corporation describing the land which, in the opinion of the Secretary, would be benefited by water from the proposed well, and should be included in any district to be constituted in respect of the said work.

(3) Upon receipt of such report the Ministerial Corporation may, by notification in the Gazette, declare the land so described to be a district within which the charges in the next following section mentioned may be levied.

(4) If, after such last-mentioned notification, a petition in favour of the proposal of the Ministerial Corporation is presented to the Secretary signed by persons:

(a) who constitute a two-thirds majority of the total number of those owning or occupying, or being mortgagees, of land within the district, and

(b) who own or occupy or are mortgagees of an area exceeding two-thirds of the total area within the district,

the Secretary may report to the Ministerial Corporation recommending that the proposal be carried out.

(5) Thirty days after the receipt of a report to that effect the Ministerial Corporation may carry out the work with funds legally available for the purpose:
Provided that if an appeal to the Land and Environment Court affecting the same is pending, the carrying out of the work shall be stayed until the appeal is decided.