AGRICULTURAL LEGISLATION.

Ashburton Guardian, Volume XIV, Issue 2843, 8 December 1892, Page 2

AGRICULTURAL LEGISLATION.

THE DRAINAGE BILL.

No. I. I This Bill, which, like the Stock Bill ' and Godlin Moth Bill, has been circulated with a view to suggestions for its improvement being forwarded to the Minister for Agriculture prior to its introduction next session, repeals 1 the Drainage Act of 1881, and section 209 of the Counties Act, and, in all districts in which it may be brought into force, will supersede and repeal sections 266 to 268, and subsections 2 and 3 of section 311 of the lastnamed Act, so far as all the said I sections and subsections respectively relate to the drainage of land or to drainage works. The whole law relating to such matters will therefore be found within the four corners of I the proposed new measure, of which we will now proceed to sketch out the salient provisions. The interpretation clause sets out, inter alia, that the term " drainage works " is to be understood to mean drainage works of any sort; that the word " Board " means a Board of Trusteed for a drainage district constituted under this Act and that the word " owner " means the person entitled to receive the rackrent of rateable property, or any person seised, possessed of, or entitled to land or any interest therein. Fart I. deals with the constitution of districts and boards, and gives power to the Governor to declare any part of the colony to be a drainage district! upon receipt of a petition in that behalf from a majority of the ratepayers. Such- a district may be composed of an entire county or counties, or any entire road district, or road districts with part or parts of others, or of any county or part of a county, together with any road district or part; of a road district, and with or without any borough or town district dr part therein. Immediately dn the constitution of a drainage district, the Regulation of Local Elections Act, 1876, Parts 1, 2, 3, 4, and 10 of the Public Works Act, 1882, and the Rating Act, 1882, come into force thereof; and every Board of Trustees is to be deemed a local authority within the meaning of these Acts. Every district is to have a Board consisting of not less than five nor more than seven members, the Governor to appoint the day for the first election. The Trustees first elected are to hold office till the month of November in the year following that in which they are elected, and thereafter the elections are to be for a period of three years. A ratepayers' list is to be prepared, and every ratepayer whose name is included therein is to be an elector. Each^ Board is to elect its own chairman, and the presence of thf.e trustees is necessary to constitute a legal meeting of the Board. Clauses 13 to 21, which deal with the powers of the Board, provide that the Board may subdivide districts, may construct and maintain drains and water courses, may enter upon lands for purposes of inspection, survey, or inquiry, and tiaay take away earth or other materials, subject to provision for compensation to the owner of the land. It may also make drains from private lantU, the following (section 17) being the full text of this important part of the Bill:— If any land within the district shall not, as to the drainage of surface ajtid storm water, be drained by 1 some efficient drain fiommuniQatiug with, some public wateroourse or drain used or made under the authority of this Aot, the Board may con, struct, through any land lying between the flrst-mentioaed lands and the nearest such watercourse or drain, an open drain, paved or otherwise suited for draining therefrom and from the intermediate lands, such surface and storm water as aforesaid, but so that such drain shall not pass through or under any house, building, or other like structure ; and all expenses incurred by the Board in respect of any such drain or any car|b thereof made through the land of any Separate qi{rner§ ghall bg repaid to the Board py such owners. ' ' It is, however, also expressly enacted tbM the Board shall keap all drains and water cCysej constructed by or vested in it, or under its management, in proper order so as r?ot to be a ijuisanos or injurious to health. A maximum ppnalty pf may c inflicted upon any unauthorised person who makes any drain into any water course or drain vested in the Board, or who stops or obstructs any such water course or drain. The Board is protected against any claim for damages caused by the accidental overflow of any water course, or the sudden breaking of any bank, dam, etc,, except wljen notice has, prior to such damage occurring, been given to the Board of any weakness or deficiency which it has failed to remedy, or when the Board has not taken proper precautions. Sections 22 to 54 deal with compensation, rates, borrowing powers, etc., and of these we reserve a synopsis until next issue. ? /