Victorian Repealed Acts Victorian Repealed ActsThis legislation has been repealed.
General notice when any streets are sewered
160. General notice when any streets are sewered
(1) The Board shall after sewers have been laid in any locality cause a
general notice to be given as hereinafter mentioned that the Board has made
provision for carrying off the sewage of each and every property which or part
of which is situate in such locality and after such time as is fixed by
the Board each and every such property shall be deemed and taken to be
sewered property within the meaning of this Part. It shall be sufficient in
any such general notice to describe the locality in which such sewers have
been laid by defining the outer boundaries thereof and (if necessary) by
excluding therefrom any specified property or properties and any such locality
shall be deemed to be and may be called a "Sewerage Area".
(2) The Board may by a further general notice to be given as hereinafter
mentioned order that the owner of each and every property which or any part of
which is situate in a Sewerage Area, if there are any houses or buildings on
such property, shall within such time as is specified in such further general
notice or within such further time as the Board may allow provide such proper
water-closet or water-closets drains appliances apparatus and connexions with
such sewer or sewers of the Board as may be prescribed by regulations of
the Board.
(3) Every property whether or not situate in a Sewerage Area which is
connected with any sewer of the Board shall be and shall be deemed to be a
sewered property.
(4) In fixing or allowing any such time or further time pursuant to this
section the Board shall have regard to all the circumstances of each case so
that each owner shall have a reasonable opportunity of complying with the
requirements of any such notice.
(5) The general notice shall be given by placards posted up in public within
the Sewerage Area and shall be advertised in the Government Gazette and in a
newspaper generally circulating in the neighbourhood and shall be in the form
in the Ninth Schedule to this Act or to like effect. And the said further
general notice shall be given by serving the same on the owner of any property
which or any part of which is situate within such Sewerage Area in manner
prescribed with regard to service of notices or orders by section two hundred
and forty-seven and shall be in the form in the Tenth Schedule to this Act or
to the like effect.
(6) Within one month after a date to be specified in the said further general
notice or within such further time as the Board may either before or after the
expiration of such one month allow the owner of each and every property within
a Sewerage Area shall if there are any houses or buildings on such property-
(a) submit for the approval of the Board a plan for providing such
property with such water-closet or water-closets and such drains
appliances apparatus and connexions fitted and laid in such manner as
may be prescribed by the regulations of the Board or any modification
thereof which the proper officer of the Board on written application
made to him in writing under his hand approves, and such owner shall
in writing undertake to carry out such plan within one month or such
further time as the Board may in writing allow if the same is approved
by the Board; or
(b) submit for the approval of the Board a plan as aforesaid and in
writing request the Board if it approves thereof to give an estimate
of the cost and expense thereof, and thereupon it shall be the duty of
the Board so to do; or in writing request the Board to prepare a plan
as aforesaid and give an estimate of the cost and expense thereof, and
thereupon it shall be the duty of the Board so to do. As soon as
the Board gives such estimate such owner shall in writing undertake to
carry out such plan within one month or such further time as the Board
may allow, or shall in writing request the Board to carry out the same
at the cost and expense of the said owner for the actual cost to
the Board, and thereupon it shall be the duty of the Board so to do.
(7) If within such one month or such further time any such owner has not
complied with any of the foregoing requirements or if after undertaking so to
do any such owner has not within the limited time provided such water-closet
or water-closets and such drains appliances apparatus and connexions as
aforesaid then the Board may order such owner to comply with such of the
requirements of the said further general notice as it deems to be necessary or
may carry out such undertaking (as the case may be), and such order shall be
deemed to be an order within the meaning of section one hundred and
sixty-three.
(8) In the event of the Board carrying out the work of providing such
water-closet or water-closets and such drains appliances apparatus and
connexions it shall be the duty of the Board at its own cost and expense to
keep and maintain the same in good repair for a period of twelve months from
the time of completing the said work unless the necessity for such repair is
caused by the wilful act or negligence of the owner or occupier.
(9) The Board by its proper officer may at any reasonable time in the day-time
after twenty-four hours' notice in writing has been given to the occupier or
left upon the premises with some person residing therein or in case there is
no person resident on the said premises without notice enter any house or
building and ascertain and determine whether any such further general notice
has or has not been complied with.
(10) The Board may cause the works hereinbefore mentioned to be inspected
while in progress and from time to time during their execution the
proper officer may in writing order such reasonable alterations therein or
additions thereto as the proper officer thinks necessary.