Grahamstown and Campvale Swamps Drainage Trust v Windeyer [1915] HCA 81

OF AUS'

(HIGH COURT OF

PLAINTIFFS,

AND

WINDEYER AND ANOTHER DEFENDANTS,

ON APPEAL FROM THE

THE GRAHAMSTOWN AND CAMPVALE SWAMPS DRAINAGE TRUST

PRALIA.

AUSTRALIA.)

} APPELLANTS ;

RESPONDENTS.

SUPREME COURT OF

NEW SOUTH WALES.

Local Government—Drainage trust —Rates—Recovery—Defence—Remedy where H. C. or A. lands not benejited—Appeal to Magistrate— Water Act 1912 (N.S. W.) (No. 44

of 1912), secs. 55*, 72.

* Sec. 55 of the Water Act 1912 contains the following provisions : (1) For the purpose of providing 'money for exercising their powers and grag their duties under this

the trustees may fix and levy

rates upon the whole of the lands within the trust district as follows :— (a) In connection with the supply of water for stock purposes, a rate per acre of the land benefited by the works shall be fixed, and the rate may vary in proportion to the benefit received as aforesaid . . (b) In connection with the supply of water for domestic 'purposes, a rate for each separate tenement in the trust district shall be fixed, and the rate may vary in pro- Portion to the benefit received. (c) In the case ofdrainage, . . . a rate per acre of the land benefited by the works shall be fixed; and this rate may vary according to the distance of the land from drains, and in portion to the benefit received as aforesaid. (d) In the case of irriga- tion, a rate per acre on the whole of the irrigable land within the trust dis- trict shall be levied, whereupon the

ratepayer shall be entitled to a pro-

1915. ww Sypyry,

portion of the water to be fixed by the Nov. 23, 24;

trustees, either by measure or accord- to the area irrigated, or which, in the opinion of the trustees, should be irrigated. (e) In all cases not other- wise in this section provided for, a rate per acre of the land benefited, directly or indirectly, by the works shall be fixed yearly, and shall, as far as prac- ticable, be in proportion to the benefit received as aforesaid." '*(2) All such rates shall be payable by the occu- piers of the lands." ' (3) Any occu- pier aggrieved by the amount at which he is rated may appeal to the Police Magistrate having jurisdiction in the district, who shall hear and determine the matter, and may confirm or vary such amount." (4) If in any such appeal the Police Magistrate reduces the amount at which the appellant is rated, he shall increase the other ratings of the trust in such amounts as he thinks just, where he considers such course necessary, in order to secure that the total amount to be received by the trust for rates shall not be diminished by such reduction."