Sewage Utilization Act 1865
| Jurisdiction | UK Non-devolved |
| Citation | 1865 c. 75 |
| Year | 1865 |
(28 & 29 Vict.) C A P. LXXV.
[29th June 1865]
'WHEREAS it is expedient to remove Difficulties under which Local Boards and other Bodies having the Care of Sewers labour in disposing of the Sewage of their Districts so as not to be a Nuisance, and to give Facility to such Authorities to make Arrangements for the Application of such Sewage to Land for Agricultural Purposes:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same:
1 Short Title.
1. This Act, for all Purposes, may be cited as ‘TheSewage Utilization Act, 1865.’
2 Application of Act.
2. This Act shall not extend to any Part of the Metropolis as defined by the Act of the Session Eighteenth and Nineteenth Years of the present Reign, Chapter One hundred and twenty, for better Local Management of the Metropolis, and shall not, with the Exception of Clause Fifteen, extend to any Parish as defined in the Schedule to this Act in a Part of which Parish the Public Health Act, 1848, and the Local Government Act, 1858, or One of such Acts, is in force at the Time of the passing of this Act.
3 Definition of Sewer Authority.
3. The Expression ‘Sewer Authority’ shall, in the several Places in the Schedule annexed hereto in that Behalf mentioned, mean the Persons or Bodies of Persons referred to in the First Column of the Schedule annexed hereto; and the Term ‘District,’ in relation to a Sewer Authority, shall, as respects each Authority, mean the Place in that Behalf referred to in the Second Column of the said Schedule.
‘Local Board’ shall mean a Local Board authorized in pursuance of the ‘Public Health Act, 1848,’ and ‘The Local Government Act, 1858,’ or One of such Acts.
4 Powers of Sewer Authorities.
4. Sewer Authorities shall have Power to construct such Sewers as they may think necessary for keeping their District properly cleansed and drained, and shall, as respects all Sewers constructed by them or under their Control, whether the same were made before or after the passing of this Act, have all the Powers that Local Boards have, in respect of Sewers vested in or constructed by them, under the Forty-fifth and Forty-sixth Sections of ‘The Public Health Act, 1848,’ the Thirtieth Section of ‘The Local Government Act, 1858,’ and the Fourth Section of ‘The Local Government Act, 1858, Amendment Act, 1861,’ subject to the Provisions of the Fifth and Sixth Sections of the last-mentioned Act, and to the Saving Clauses in ‘The Local Government Act, 1858,’ mentioned, from Sixty-eight to Seventy-four, both inclusive; and inScotland , in addition to such of the aforesaid Powers as are applicable to Scotland , all the Powers contained in Section Seven (Public Sewers) of Part Four of ‘The General Police and Improvement (Scotland ) Act, 1862.’
5 Power of Entry.
5. The Sewer Authority shall have the Powers of Entry conferred by the One hundred and forty-third Section of the ‘Public Health Act, 1848,’ for the Purposes of making or keeping in repair any Works made or to be made by them, as well as for the Purposes specified in the said Section.
6 Payment of Expenses.
6. A Sewer Authority shall pay all Expenses incurred by them in carrying this Act into effect out of the Fund or Rate in the Schedule in that Behalf mentioned, and shall have all such Powers of borrowing Money on the Security of such Fund or Rate as Local Boards have of borrowing Money under ‘The Local Government Act, 1858,’ and the Acts amending that Act, on the Security of the Funds or Rates in the said Acts in that Behalf mentioned, subject to the Conditions and Sanction under which such Powers are exercised by Local Boards under the said Acts.
7 Power to take Lands.
7. A Sewer Authority shall, for the Purposes of this Act, have the Powers of taking Lands conferred on Local Boards by the Seventy-fifth Section of ‘The Local Government Act, 1858,’ and any Act amending the same.
8 Compensation.
8. Full Compensation shall be made, out of any Fund or Rate applicable to the Purposes of this Act, to all Persons sustaining any Damage by reason of the Exercise of any of the Powers of this Act; and in case of Dispute as to Amount, the same shall be settled by Arbitration, as provided in ‘The Public Health Act, 1848,’ or any Act...
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