{"id":"metropolitan-drainage-act-1935","name":"Metropolitan Drainage Act 1935","slug":"metropolitan-drainage-act-1935","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105952,"registerId":"sa-metropolitan-drainage-act-1935-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Metropolitan Drainage Act 1935","content":"South Australia\nMetropolitan Drainage Act 1935\nAn Act to authorise the construction of works for the drainage of land periodically flooded by the River Torrens, the River Sturt, and the Keswick and Brownhill Creeks, and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n5\tPower to acquire land\nPart 2—River Torrens drainage and financial provisions\n6\tPower to construct and maintain works\n7\tPayment of interest by councils\n8\tPayment of maintenance costs\nPart 3—River Sturt and Keswick and Brownhill Creeks drainage and financial provisions\n9\tPower to construct works for drainage of River Sturt etc\n10\tPayment of interest by councils\n11\tPayment of maintenance costs\nPart 4—Miscellaneous\n12\tTenders for works\n13\tMinister may do certain acts in connection with the works\n14\tCompensation to persons suffering damage\n15\tVariation of costs of works\n16\tPower of Minister to delegate his powers\n17\tPower to lease and sell surplus land and property\n18\tVariation of percentages\n19\tContribution by Municipal Tramways Trust\n20\tPayments by councils\n21\tRemedies for non-payment by councils\n22\tPenalty for obstructing construction of works\n23\tRegulations\n24\tOffences to be disposed of summarily\n25\tImmunity of Minister from certain claims\n26\tPower to require councils to have creeks cleared\n27\tFinancial provisions\nSchedule 1\nPart 1—\nPart 2—\nSchedule 2\nPart 1—\nPart 2—\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Metropolitan Drainage Act 1935.\n3—Interpretation\nIn this Act, unless the context otherwise requires—\ncouncil includes the Garden Suburb Commissioner;\nthe Minister means the Minister of Works or any other Minister of the Crown who is for the time being acting for the Minister of Works or in whom the powers of the Minister of Works under this Act are for the time being vested;\nworks mean the channels, drains, works, and conveniences referred to in sections 6 and 9.\n5—Power to acquire land\nSubject to and in accordance with the Land Acquisition Act 1969, as amended, the Minister may take and acquire either compulsorily or by agreement, all such lands and easements in or over any lands as he may require for the purpose of constructing, completing, maintaining, repairing, or extending any of the works.\nPart 2—River Torrens drainage and financial provisions\n6—Power to construct and maintain works\n\t(1)\tSubject to subsection (4) the Minister may, out of loan moneys to be provided by the Parliament of the State for the purpose and out of moneys provided for the purpose by any grant of the Commonwealth, carry out all or any of the following works:\n\tI\tThe Minister may enlarge any part of any channel of the River Torrens below the bridge known as Taylor's Bridge:\n\tII\tThe Minister may construct new channels for the River Torrens so that the same shall discharge into the sea, which said new channels are delineated on the plan, signed \"J.H.O. Eaton, Engineer-in-Chief\", and deposited in the Land Office on the sixth day of February, 1935, and numbered 320:\n\tIII\tThe Minister may construct any regulators in any channel of the River Torrens necessary to prevent over-charging and to reduce the velocity of the water therein:\n\tIV\tThe Minister may construct tidal flaps at or near the outlet to the sea so as to prevent the inflow of the sea into the said channels:\n\tV\tThe Minister may construct or re-construct any bridges necessary to be constructed or re-constructed over the said channels and river:\n\tVI\tThe Minister may construct such embankments as may be necessary for any of the said works and may remove any obstruction from and otherwise cleanse any part of the bed of the River Torrens:\n\tVII\tThe Minister may carry out any works or conveniences connected with or necessary for the purposes of any of the said works.\n\t(2)\tThe Minister may carry out the said works with such (if any) alterations and variations as may from time to time be found necessary or convenient.\n\t(3)\tThe Minister shall out of moneys to be provided by the Treasurer from the Metropolitan Drainage Maintenance Fund or out of moneys to be provided by Parliament, from time to time cleanse, repair, and maintain the said works, and remove any obstruction in, or fill in any hole in any part of the bed of the River Torrens cleansed as aforesaid, or of any channel constructed or altered as aforesaid.\n\t(4)\tBefore carrying out any of the works authorised by subsection (1), the Minister shall appoint a qualified engineer or engineers practising outside the State to inquire and report to the Minister whether the channel authorised by subsection (1) to be constructed for the discharge of the River Torrens into the sea, is designed in accordance with proper engineering practice and with engineering experience, and whether it is designed so as to secure the said discharge at all times and so as to prevent the influx of the sea in sufficient volume to injure properties abutting on the channel.\nIf the report of the engineer is that the said channel is not so designed, the Minister shall not carry out any of the works authorised by subsection (1) unless and until Parliament otherwise decides.\n7—Payment of interest by councils\n\t(1)\tUpon the completion of the works authorised by this Part the Treasurer shall publish in the Gazette a statement showing the amount of loan moneys provided by the Parliament of the State and expended on the construction of the works authorised by this Part.\n\t(2)\tInterest at the rate of four and one-half per centum on one-third of the said amount shall be payable by the councils mentioned in Part 1 of Schedule 1. The amount payable by each such council shall be calculated at the percentage of the whole amount payable pursuant to this subsection which is shown opposite the name of the council in the said part.\n\t(3)\tInterest at the rate of four and one-half per centum on one-third of the said amount shall be payable by the councils mentioned in Part 2 of Schedule 1. The amount payable by each such council shall be calculated at the percentage of the whole amount payable pursuant to this subsection which is shown opposite the name of the council in the said part.\n\t(4)\tInterest as aforesaid shall be payable by every such council on the first day of May in the financial year next after the financial year in which the statement aforesaid is published under subsection (1), and thereafter shall be payable on the first day of May in every year until interest as aforesaid has been paid for fifty-eight years, when the liability of the council to pay interest under this section shall be determined.\n8—Payment of maintenance costs\n\t(1)\tUpon the completion of the works authorised by this Part the Treasurer shall publish in the Gazette a statement showing the total amount of moneys (comprising both loan moneys provided by the Parliament of the State and any grant provided by the Commonwealth) expended on the construction of the works authorised by this Part.\n\t(2)\tAn amount equal to one-half of one per centum of the said total amount (less a deduction of two hundred and fifty dollars) shall be annually payable by the councils mentioned in Part 1 of Schedule 1. The amount payable by each such council shall be calculated at the percentage of the whole amount payable pursuant to this subsection which is shown opposite the name of the council in the said part.\n\t(3)\tAn amount equal to one-half of one per centum of the said total amount (less a deduction of two hundred and fifty dollars) shall be annually payable by the councils mentioned in Part 2 of Schedule 1. The amount payable by each such council shall be calculated at the percentage of the whole amount payable pursuant to this subsection which is shown opposite the name of the council in the said part.\n\t(4)\tAmounts payable under this section shall be payable by every such council on the first day of May in the financial year next after the financial year in which the statement aforesaid is published under subsection (1) and thereafter shall be payable on the first day of May in every year.\n\t(5)\tAll amounts paid pursuant to this section shall be paid into a fund to be called the \"Metropolitan Drainage Maintenance Fund\". The Treasurer shall without any further appropriation than this Act pay to the Minister out of the said fund any amount which the Minister may require for the purposes of carrying out any maintenance or other works authorised by subsection (3) of section 6 or subsection (3) of section 9.\nPart 3—River Sturt and Keswick and Brownhill Creeks drainage and financial provisions\n9—Power to construct works for drainage of River Sturt etc\n\t(1)\tThe Minister may, out of loan moneys to be provided by the Parliament of the State for the purpose and out of moneys provided for the purpose by any grant of the Commonwealth, carry out all or any of the following works:\n\tI\tThe Minister may enlarge in any manner he thinks fit any of the channels of the River Sturt, the Keswick Creek, and the Brownhill Creek shown on the plan referred to in section 6:\n\tII\tThe Minister may construct any regulators in the channel of the River Sturt, Keswick Creek, or Brownhill Creek, necessary to prevent over-charging and to reduce the velocity of the water therein:\n\tIII\tThe Minister may line with concrete such portions of any channels of the River Sturt, Keswick Creek, and Brownhill Creek as he thinks fit:\n\tIV\tThe Minister may construct new channels for or alter the channels of the River Sturt, the Keswick Creek, and the Brownhill Creek as he thinks fit by the construction of embankments or otherwise:\n\tV\tThe Minister may construct or re-construct any bridges necessary to be constructed or re-constructed over the said channels and river and creeks:\n\tVI\tThe Minister may construct such embankments as may be necessary for any of the said works and may remove any obstruction from and otherwise cleanse any part of the bed of the River Sturt, Keswick Creek, and Brownhill Creek:\n\tVII\tThe Minister may carry out any works or conveniences connected with or necessary for the purposes of any of the said works.\n\t(2)\tThe Minister may carry out the said works with such (if any) alterations and variations as may from time to time be found necessary or convenient.\n\t(3)\tThe Minister shall out of moneys provided by the Treasurer from the Metropolitan Drainage Maintenance Fund or out of moneys to be provided by Parliament, from time to time cleanse, repair, and maintain the said works, and remove any obstruction in, or fill in any hole in any part the of bed of the River Sturt, Keswick Creek, or Brownhill Creek, cleansed as aforesaid, or of any channel constructed or altered as aforesaid.\n10—Payment of interest by councils\n\t(1)\tUpon the completion of the works authorised by this Part the Treasurer shall publish in the Gazette a statement showing the amount of loan moneys provided by the Parliament of the State and expended on the construction of the works authorised by this Part.\n\t(2)\tInterest at the rate of four and one-half per centum on one-third of the said amount shall be payable by the councils mentioned in Part 1 of Schedule 2. The amount payable by each such council shall be calculated at the percentage of the whole amount payable pursuant to this subsection which is shown opposite the name of the council in the said part.\n\t(3)\tInterest at the rate of four and one-half per centum on one-third of the said amount shall be payable by the councils mentioned in Part 2 of Schedule 2. The amount payable by each such council shall be calculated at the percentage of the whole amount payable pursuant to this subsection which is shown opposite the name of the council in the said part.\n\t(4)\tInterest as aforesaid shall be payable by every such council on the first day of May in the financial year next after the financial year in which the statement aforesaid is published under subsection (1) and thereafter shall be payable on the first day of May in every year until interest as aforesaid has been paid for fifty-eight years, when the liability of the council to pay interest under this section shall be determined.\n11—Payment of maintenance costs\n\t(1)\tUpon the completion of the works authorised by this Part the Treasurer shall publish in the Gazette a statement showing the total amount of moneys (comprising both loan moneys provided by the Parliament of the State and any grant provided by the Commonwealth) expended on the construction of the works authorised by this Part.\n\t(2)\tAn amount equal to one-half of one per centum of the said total amount shall be payable by the councils mentioned in Part 1 of Schedule 2. The amount payable by each such council shall be calculated at the percentage of the whole amount payable pursuant to this subsection which is shown opposite the name of the council in the said part.\n\t(3)\tAn amount equal to one-half of one per centum of the said amount shall be payable by the councils mentioned in Part 2 of Schedule 2. The amount payable by each such council shall be calculated at the percentage of the whole amount payable pursuant to this subsection which is shown opposite the name of the council in the said part.\n\t(4)\tAmounts payable under this section shall be payable by every such council on the first day of May in the financial year next after the financial year in which the statement aforesaid is published under subsection (1), and thereafter shall be payable on the first day of May in every year.\n\t(5)\tAll amounts paid pursuant to this section shall be paid into the Metropolitan Drainage Maintenance Fund, and shall be applied in manner provided by subsection (5) of section 8.\nPart 4—Miscellaneous\n12—Tenders for works\n\t(1)\tThe Minister may call for tenders for the construction of the works authorised by this Act, either as a whole or in sections, to be sent in within such time to such place, and to be upon and subject to such terms, conditions, and provisions as he deems advisable, and may accept or reject any tender.\n\t(2)\tIf no tender is accepted, or if a tender for the whole or any part of the work is accepted, and the contractor making such tender fails to begin or complete the work or any part thereof in accordance with the contract, the Minister may, according to the circumstances, himself construct or complete the works.\n13—Minister may do certain acts in connection with the works\nFor the purpose of constructing, completing, extending, or maintaining the works, and for the purpose of carrying out the provisions of this Act, the Minister may exercise any of the powers following, that is to say—\n\tI\tHe may enter upon any lands and take levels thereof and set out such parts thereof as he shall think necessary, and deposit spoil thereon, and dig, break, and trench the soil of any such lands, and remove and use all earth, stone, minerals, trees, or other things dug or obtained out of or from any such lands:\n\tII\tHe may enter upon, take, and hold, either temporarily or permanently, such lands as he may from time to time deem necessary for the construction, maintenance, repair, or improvement of the works, and may manufacture and work upon the land so entered upon, taken, or held:\n\tIII\tHe may for any purpose authorised by this Act, or for the purpose of obtaining entry to any land for any such purpose, enter upon any land:\n\tIV\tHe may dam, bar, and stop up with any weir or dam, any river, pool, stream, or watercourse, or impound the water from any river, pool, stream or watercourse:\n\tV\tHe may deepen, widen, straighten, alter, divert, scour, or cleanse any river, pool, stream or watercourse:\n\tVI\tHe may make any embankment against any river, pool, stream, or watercourse, and place on any land stones, piles, earth, soil, or other materials for the purposes of the works or any of them, or for the more effectual protection of any land, or for the better carrying of the waters from any land into the sea or into any river, pool, stream, or watercourse:\n\tVII\tHe may stop up or divert any road, or remove or strengthen any bridge, and build any new road or bridge:\n\tVIII\tHe may do all such things as may be necessary or convenient for the purpose of constructing, maintaining, cleansing, and repairing the works.\n14—Compensation to persons suffering damage\n\t(1)\tSubject to subsections (3) and (4), the Minister shall make compensation to all persons interested for all damage suffered by them by reason of the exercise by the Minister of the powers conferred upon him by this Act.\n\t(2)\tIn every case where the Minister cannot agree with the owner or claimant as to the amount of compensation, the amount shall be ascertained, and the case, in other respects, shall, subject as aforesaid, be dealt with as if it were a disputed claim within the meaning of section 23 of the Land Acquisition Act 1969, as amended, for determining the amount and application of the compensation.\n\t(3)\tNo compensation shall be payable in respect of any earth, stone, minerals, trees, or other things dug or obtained out of or from the bed or the banks of the River Torrens, River Sturt, Keswick Creek, or Brownhill Creek.\n\t(4)\tNo compensation shall be payable by reason of the entry by the Minister on any land, unless as the result of the entry damage is occasioned, in which event the compensation shall be limited to the amount of the damage.\n15—Variation of costs of works\n\t(1)\tIf, at the time of the publication of any notice pursuant to section 7, 8, 10, or 11, any claim for compensation arising out of the construction of the works has not been determined, the Treasurer shall, upon the claim being determined, by notice published in the Gazette, vary the amount included in any such notice aforesaid by the addition thereto of the amount of any compensation required to be paid.\n\t(2)\tThe amount so varied shall, from the time of the publication provided for by this section, be deemed to be the amount upon which payments by councils shall be estimated as provided by sections 7, 8, 10, or 11, as the case may be.\n16—Power of Minister to delegate his powers\n\t(1)\tThe Minister may authorise such person as he shall think proper to do all or any of the acts, matters, and things which the Minister is by this Act empowered or required to do.\n\t(2)\tEvery person so authorised shall have and enjoy all such and the like powers as are hereby conferred on the Minister to enable him to do such acts, matters and things respectively.\n\t(3)\tAll such acts, matters, and things, when done under such authority, shall be as valid and effectual as if they had been done by the Minister.\n\t(4)\tEvery person so authorised shall have and enjoy in respect of each such act, matter, or thing so done by him, all such immunities from personal liability as the Minister would have had or enjoyed if he had done such act, matter, or thing.\n17—Power to lease and sell surplus land and property\n\t(1)\tThe Minister may demise any land purchased by him and which he does not immediately require for the purposes of this Act, for such period, at such rent, and upon such conditions as he shall think fit, and may sell or otherwise dispose of any such land or other property which he does not further require for the purposes of the works, and may transfer or convey such land or other property to the purchaser, or as he shall direct.\n\t(2)\tThe Minister's receipt shall be a sufficient discharge to the purchaser for the purchase-money in the receipt expressed to be received, and the rent of land demised.\n\t(3)\tThe money accruing from the sale or other disposition of the property sold or disposed of shall be paid by the Minister to the Treasurer of the State, and shall be credited against the loan moneys mentioned in section 7 or section 10, according to whether the work in respect of which the land was acquired was carried out pursuant to Part 2 or Part 3.\n18—Variation of percentages\n\t(1)\tThe Minister may from time to time at any time after ten years after the completion of the works, cause an inquiry to be held by any person or persons with a view to ascertaining whether, in view of the circumstances existing at the time of the inquiry, the percentages, upon which contributions under this Act of councils are based, and which are provided or deemed to be provided in any part of Schedule 1 or 2, are just or equitable. No inquiry under this section shall, except in the case of the first inquiry under this section, be made until after the expiration of five years from the completion of the last preceding inquiry under this section.\n\t(2)\tThe said person or persons shall consider the said percentages and, if thought just or equitable, may recommend to the Minister that the percentages in any part aforesaid shall be altered, but so that in all cases the total of the percentages in each part shall be one hundred.\n\t(3)\tEvery such recommendation shall be laid before both Houses of Parliament, and may be approved by resolution of both Houses of Parliament. Notice of the passing of any such resolution shall be published in the Gazette.\n\t(4)\tUpon publication as aforesaid the part of Schedule 1 or 2 to which the resolution applies shall be deemed to be amended in manner provided by the resolution and this Act shall be construed accordingly.\n\t(5)\tEvery resolution of both Houses of Parliament under this section shall be passed by both Houses in the same session of Parliament, or shall be passed by one House in one session and by the other House in the next succeeding session of that Parliament.\n19—Contribution by Municipal Tramways Trust\n\t(1)\tThe Municipal Tramways Trust shall, on the first day of May in every year after the completion of the works, pay to the Treasurer a sum of five hundred dollars.\n\t(2)\tEvery such payment shall be paid into the Metropolitan Drainage Maintenance Fund.\n\t(3)\tThe liability of the Municipal Tramways Trust under this section shall cease when the Municipal Tramways Trust ceases to operate any transport service between Torrensville and Henley Beach, and in that event, the amount of two hundred and fifty dollars required to be deducted from the amounts payable pursuant to subsections (2) and (3) of section 8 shall cease to be so deducted.\n20—Payments by councils\n\t(1)\tEvery council shall on every day appointed by this Act for the payment of any amount by the council, pay to the Treasurer the amount required to be paid by the council.\n\t(2)\tThe said amount may be paid out of the general revenues of the council, or may be paid out of the proceeds of a special rate, or may be paid partly out of the general revenues and partly out of the proceeds of a special rate. The said special rate shall be declared and levied under the provisions of the Local Government Act 1934 without any consent of ratepayers, and all the provisions of the said Act shall apply to the declaration, levying, and recovery of the rate. With the consent in writing of the Minister, any such special rate may be declared on the ratable property within part only of the area of the council.\n21—Remedies for non-payment by councils\n\t(1)\tThe Treasurer may by action in any court of competent jurisdiction recover any sum payable to him under this Act by any council or by the Municipal Tramways Trust.\n\t(2)\tIf any such sum of money due and payable by a council is not paid on the day on which it becomes payable, the Governor may direct that the sum, or any part thereof, be retained and paid to the Treasurer on behalf of the council out of any other moneys payable by the Crown or any Minister thereof to the council, and the said sum, or part thereof, shall be retained and paid accordingly.\n22—Penalty for obstructing construction of works\nEvery person who—\n\t(a)\twilfully obstructs any person acting under the authority of the Minister in setting out the line of any of the works; or\n\t(b)\tpulls up or removes any poles or stakes driven into the ground for the purpose of setting out the line of any of the works; or\n\t(c)\twithout the consent in writing of the Minister places any obstruction in or digs any hole in any part of the bed of the River Torrens, River Sturt, Keswick Creek, or Brownhill Creek, or any channel cleansed or constructed pursuant to this Act; or\n\t(d)\tdestroys or injures any of the works; or\n\t(e)\tcauses or permits any obstruction in, or otherwise injuriously affecting any of the works,\nshall be guilty of an offence against this Act and liable to a penalty not exceeding one hundred dollars.\n23—Regulations\n\t(1)\tThe Governor may make regulations for all or any of the following purposes:\n\tI\tFor regulating the conduct of persons employed under or for the purpose of this Act:\n\tII\tFor the protection of the works from trespass, injury, or pollution:\n\tIII\tAny other purpose necessary or convenient for carrying this Act into effect.\n\t(2)\tAny such regulation may fix penalties not exceeding in any case the sum of twenty dollars for the breach of the same or any other regulation.\n24—Offences to be disposed of summarily\nAll offences against this Act shall be disposed of summarily.\n25—Immunity of Minister from certain claims\nNo claim or action whatsoever shall be made or brought against the Minister arising out of or in respect of the escape of any waters from any river, pool, stream, watercourse, reservoir, or channel.\n26—Power to require councils to have creeks cleared\n\t(1)\tThe Minister may by notice in writing under his hand require any council referred to in Schedules 1 and 2 to exercise with regard to the River Torrens, River Sturt, Keswick Creek, or Brownhill Creek, and any lands mentioned in the notice, and the owner or occupier thereof, the power conferred upon councils by section 643 of the Local Government Act 1934.\n\t(2)\tAny council which, having received a notice as mentioned in subsection (1) of this section fails to comply therewith within two months after receiving the notice, shall be guilty of an offence against this Act and liable to a penalty not exceeding one hundred dollars.\n27—Financial provisions\n\t(1)\tThe Treasurer may, until loan moneys are raised pursuant to any Act of Parliament for the purpose of carrying out the works, advance any sums of money necessary for the purpose of carrying out any of the works. For the purposes of sections 7, 8, 10 and 11 any such moneys shall be deemed to be loan moneys provided by the Parliament of the State.\n\t(2)\tAn amount equal to the sums of money so advanced shall be retained by the Treasurer out of any loan moneys provided as aforesaid and applied in repayment of the moneys so advanced.\nSchedule 1\nPart 1\t\n\nName of council\nPercentage of total required to be paid by each council\nMunicipal Council of Adelaide\n27 per centum\nMunicipal Council of St. Peters\n18 per centum\nMunicipal Council of Kensington and Norwood\n18 per centum\nMunicipal Council of Prospect\n3 per centum\nMunicipal Council of Burnside\n9 per centum\nMunicipal Council of Walkerville\n5 per centum\nMunicipal Council of Enfield\n6 per centum\nMunicipal Council of Payneham\n6 per centum\nMunicipal Council of Campbelltown\n8 per centum\nPart 2\t\n\nName of council\nPercentage of total required to be paid by each council\nMunicipal Council of Henley and Grange\n33 per centum\nMunicipal Council of Thebarton\n7 per centum\nMunicipal Council of Woodville\n27 per centum\nMunicipal Council of West Torrens\n33 per centum\nSchedule 2\nPart 1\t\n\nName of council\nPercentage of total required to be paid by each council\nMunicipal Council of Adelaide\n7 per centum\nMunicipal Council of Unley\n33 per centum\nMunicipal Council of Thebarton\n10 per centum\nMunicipal Council of Burnside\n10 per centum\nMunicipal Council of West Torrens\n5 per centum\nMunicipal Council of Marion\n5 per centum\nMunicipal Council of Mitcham\n17 per centum\nThe Garden Suburb Commissioner\n13 per centum\nPart 2\t\n\nName of council\nPercentage of total required to be paid by each council\nMunicipal Council of Glenelg\n5 per centum\nMunicipal Council of West Torrens\n75 per centum\nMunicipal Council of Marion\n20 per centum\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1935\n2201\nMetropolitan Drainage Act 1935\n14.3.1935\n14.3.1935\n1935\n2246\nStatute Law Revision Act 1935\n19.12.1935\n19.12.1935\n1974\n84\nStatute Law Revision Act (No. 2) 1974\n21.11.1974\nSch 2—21.11.1974\nProvisions amended since 3 February 1976\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act as presented is the 1935 Metropolitan Drainage Act with minor statutory revision entries noted (statute law revision amendments). There is no substantive expansion of purpose apparent in the printed text: the core scope—authorising construction and maintenance of drainage works for the named rivers and creeks and allocating costs to named councils—remains the original subject. Amendments listed are procedural/statute‑revision entries and omission of a now‑redundant section number; they do not materially broaden the Act beyond its original drainage, acquisition, finance and maintenance functions."},"complexity_factors":["Three explicitly defined terms in the Interpretation section (council; Minister; works) (s 3).","Two parallel Parts (Part 2 and Part 3) that duplicate largely the same powers and near‑identical financial provisions for different waterways (ss 6–11).","Two Schedules (1 and 2) each split into two Parts listing multiple councils with fixed percentage apportionments — numerous numeric allocations to track.","Multiple cross‑references to other statutes and provisions: Land Acquisition Act 1969 (s 5, s 14(2)), Local Government Act 1934 (s 20, s 26), and procedural references (s 14(2) referring to Land Acquisition Act s 23).","Conditional engineering pre‑condition that can halt works (external engineer report requirement in s 6(4)).","Long‑running financial rules and temporal conditions: 58‑year interest liability (ss 7(4), 10(4)), periodic maintenance obligations and publication triggers (ss 7–8, 10–11).","Delegation and administrative discretion powers (s 16), plus Ministerial authorities to enter land, alter waterways and dispose of surplus land (ss 13, 17) produce wide operational contingencies.","Amendment and review pathway for percentage apportionment requires inquiry, material recommendations and approval procedure (s 18) — multilayered approval and timing rules.","Limited but important exceptions and immunities complicating compensation exposure (s 14(3), s 25).","Enforcement and recovery mechanisms involving courts and Crown withholding powers (s 21) and interaction with Local Government rate‑levying mechanisms (s 20)."],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Authorises the Minister of Works to build, alter, and maintain drainage works for parts of metropolitan Adelaide: the River Torrens (including new channels discharging to the sea), the River Sturt, Keswick Creek and Brownhill Creek. The specific powers include enlarging channels, building regulators and tidal flaps, lining channels with concrete, constructing embankments and bridges, cleaning riverbeds, and other connected works (see sections 6 and 9).\n\n- Gives the Minister power to acquire land and easements for those works (compulsorily or by agreement) under the Land Acquisition Act (s 5). The Minister can enter land, set out works, place spoil, divert watercourses, close or build roads and bridges, and generally do whatever is necessary to construct and maintain the works (s 13).\n\n- Sets out who pays for construction and ongoing maintenance: the State raises loan moneys and may accept Commonwealth grants to build the works; but specified municipal councils and the Municipal Tramways Trust must contribute to interest and maintenance costs in fixed proportions shown in Schedules 1 and 2 (see ss 7, 8, 10, 11 and Schedules). Councils’ contributions are apportioned by percentage entries in the Schedules and are payable annually on 1 May (ss 7(2)–(4), 8(2)–(4), 10(2)–(4), 11(2)–(4)). Contributions are paid into the Metropolitan Drainage Maintenance Fund (ss 8(5), 11(5)).\n\n- Fixes financial mechanics and timing: interest is charged at 4.5% on one‑third of the loan moneys and is payable annually until paid for 58 years (ss 7(2)–(4)); maintenance contributions are set as small annual percentages of the total construction cost (ss 8(2)–(3), 11(2)–(3)). The Treasurer must publish the construction expenditure in the Gazette, and publications fix the bases for council charges (ss 7(1), 8(1), 10(1), 11(1)).\n\n- Limits and conditions on compensation and liability: the Minister must pay compensation for damage caused by exercise of the Act’s powers, but not for materials (earth, stone, trees, etc.) taken from river beds (s 14). The Minister is immune from claims connected with the escape of waters from a watercourse or channel (s 25).\n\n- Provides administrative tools and enforcement: the Minister may call tenders or construct works directly (s 12), may delegate powers (s 16), may lease or sell surplus land and credit proceeds against loan moneys (s 17), may require local councils to clear creeks (s 26), and may make regulations with modest penalties (ss 23–24). There are criminal penalties (up to $100) for obstructing works or failing to comply with certain notices (ss 22, 26). The Treasurer can recover unpaid sums by court action and the Crown can withhold other payments to a non‑paying council (s 21). The Minister may also require an independent engineer from outside the State to certify the sea‑outlet channel design before construction proceeds; if the engineer finds it unsuitable, Parliament must decide before work goes ahead (s 6(4)).\n\n**Who is affected**\n\n- The Minister (and officials acting under delegation) gains broad construction, land‑acquisition and operational powers (ss 5, 6, 9, 13, 16).\n- Specified municipal councils listed in Schedules 1 and 2 must pay long‑term interest and annual maintenance charges in defined proportions; they can fund these payments from general revenue or a special rate (s 20). The Local Government Act procedure applies to levying a special rate, but ratepayer consent is not required (s 20(2)).\n- The Municipal Tramways Trust has a standing $500 per year contribution until it ceases a particular tram route (s 19).\n- Landowners whose land is acquired or on which works are carried out can be entered upon and will be entitled to compensation for damage (subject to limits, s 14).\n- Contractors and construction markets are affected by tendering rules and the Minister’s power to do the works directly (s 12).\n\n**Why it matters (stated purpose and practical trade‑offs)**\n\nThe Act’s stated purpose is to drain land that is periodically flooded by the named rivers and creeks (short title and opening description). Mechanically, it centralises planning, land acquisition and delivery of major drainage infrastructure in the Minister, while allocating a portion of the cost and long‑term upkeep to local councils according to fixed percentages (Parts 2–3 and Schedules). \n\nCosts and incentives\n\n- Who pays: the State initially funds construction (loans and possible Commonwealth grants) but specified councils bear ongoing interest (over a 58‑year schedule) and annual maintenance levies (ss 7–8, 10–11). This creates a persistent cost stream for those councils.\n- Concentrated vs diffuse effects: councils that receive protection or improved drainage are likely to obtain concentrated benefits (reduced flooding risk, higher land usability). The costs are concentrated on the named councils by schedule percentages; other councils are unaffected. This creates a clear mapping of who benefits and who pays (Schedules 1–2).\n- Private property effects: landowners may face compulsory acquisition (s 5) and loss of certain property (e.g. materials taken from riverbeds are not compensable, s 14(3)). The Minister’s wide powers to enter and alter land (s 13) reduce owners’ control over affected properties.\n- Administrative discretion and implementation risk: the Minister has broad delegated powers (s 16), can alter works as considered necessary (ss 6(2), 9(2)), and may sell surplus land (s 17). An external engineering check is required before building a sea outlet channel (s 6(4))—this reduces technical risk but gives Parliament a veto if the report is adverse.\n- Compliance and fiscal risk: councils can fund payments by special rate without ratepayer consent (s 20(2)), which lowers political friction for funding but raises a compliance burden on ratepayers. Non‑payment remedies include court recovery and retention of Crown payments (s 21).\n- Market effects: tendering is allowed but the Minister may complete works directly if needed (s 12), which could affect competition for contracts. Sale of surplus land means the Crown can eventually transfer property to private parties (s 17).\n\n**Concrete conditional features and limits worth noting**\n\n- Interest liability by councils runs for up to 58 years from publication of the construction cost statement (s 7(4), s 10(4)).\n- Maintenance contributions are relatively small annual percentages of total construction cost but are ongoing (ss 8(2)–(4), 11(2)–(4)).\n- Percentages in the Schedules can be reviewed after ten years and altered following an inquiry and parliamentary approval process (s 18).\n- Compensation for materials taken from riverbeds is excluded (s 14(3)), and the Minister has immunity for claims about escaped waters (s 25).\n\n**Sections to consult directly for precise obligations**: acquisition and entry powers (s 5, s 13), construction powers for River Torrens (s 6) and the other waterways (s 9), council payment and maintenance schemes (ss 7–8, 10–11), Schedules 1 and 2 for exact percentage apportionments, and compensation and remedies (ss 14, 15, 21)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of this Act changed from its original intent — the full text of the Metropolitan Drainage Act 1935 was not accessible from the provided source. No meaningful comparison between original and current scope can be made."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Cannot assess complexity of provisions, definitions, or regulatory mechanisms without the Act's content","Score of 1 reflects absence of content rather than genuine simplicity of the law itself"],"plain_english_summary":"**No legislation content available**\n\nThe link provided for the *Metropolitan Drainage Act 1935* (South Australia) returned a **Page Not Found** error from the South Australian legislation website. This means the actual text of the Act could not be retrieved or analysed.\n\n**What this likely means for you:**\n- The URL or bookmark used to access this law may be outdated following a website update in March 2026\n- The Act may have been repealed, renamed, or consolidated into other legislation\n- Alternatively, the page link simply needs to be updated\n\n**To find this legislation**, try:\n1. Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and searching for \"Metropolitan Drainage\"\n2. Emailing the Office of Parliamentary Counsel at OPCWeb@sa.gov.au\n\n*No legal analysis can be provided without the actual legislative text.*"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act appears consistent with its original 1935 purpose. The legislative history shows only minor statute law revision amendments (1935, 1974) and omission of section 2 under modern revision acts. There is no evidence of significant expansion beyond the original drainage and flood mitigation scope for the specified waterways."},"complexity_factors":["Dual parallel structures: Parts 2 and 3 contain nearly identical provisions for River Torrens vs River Sturt/creeks, creating repetition but also subtle variations (e.g., section 8(2)-(3) has a $250 deduction that section 11 lacks)","Financial calculations with multiple variables: Interest calculations involve loan amounts, one-third fractions, 4.5% rates, 58-year terms, and council-specific percentages from schedules","Cross-references to external legislation: References to Land Acquisition Act 1969 and Local Government Act 1934 for compensation procedures and rating powers","Conditional triggers: Multiple provisions depend on Gazette notices, completion of works, and 10-year/five-year inquiry cycles for percentage variations","Schedule-dependent operation: Core financial obligations reference Schedules 1 and 2 which are not fully reproduced in the text provided (though council names and percentages are shown)","Nested exceptions in compensation: Section 14 has multiple subsections limiting compensation, including specific exclusions for river bed materials and entry without damage"],"plain_english_summary":"This 1935 South Australian law authorises the state government to build and maintain drainage infrastructure for the River Torrens, River Sturt, and the Keswick and Brownhill Creeks in the Adelaide metropolitan area. It was designed to stop periodic flooding of land near these waterways.\n\n**Key things the Act does:**\n\n- **Authorises construction works**: The Minister for Works can build channels, drains, bridges, embankments, and tidal flaps to control water flow and prevent flooding. For the River Torrens specifically, an independent engineer from outside South Australia must first approve the design.\n\n- **Funds the works through loans and council contributions**: The state borrows money to build the infrastructure, then recovers costs from local councils through:\n  - **Interest payments**: Councils pay 4.5% interest on one-third of the construction costs annually for 58 years\n  - **Maintenance levies**: Councils pay ongoing annual fees (0.5% of total construction costs) into a \"Metropolitan Drainage Maintenance Fund\"\n\n- **Sets up a cost-sharing formula**: Different councils pay different percentages based on which waterway affects them. Schedule 1 covers River Torrens costs; Schedule 2 covers River Sturt and the creeks.\n\n- **Gives the Minister broad powers**: Including compulsory land acquisition, entering private property, diverting watercourses, and delegating authority to others.\n\n- **Provides limited compensation**: People whose property is damaged can claim compensation, except for materials taken from river beds/banks or for mere entry onto land (unless actual damage occurs).\n\n- **Includes enforcement mechanisms**: Councils that don't pay can be sued or have funds withheld by the state. Obstructing the works carries fines up to $100.\n\n**Who it affects:**\n- Local councils in Adelaide (listed in Schedules 1 and 2) who must pay interest and maintenance costs\n- Property owners near the waterways who may be affected by construction or flooding\n- The Municipal Tramways Trust (which must contribute $500 annually until it stops running trams between Torrensville and Henley Beach)\n\n**Why it matters:**\nThis Act established the legal and financial framework for one of Adelaide's major flood mitigation schemes. It created a 58-year debt obligation for councils and set up an intergovernmental cost-sharing model that tied local government finances to state infrastructure projects. The Act remains significant for understanding how historical flood management was funded and how ongoing maintenance responsibilities were allocated between state and local government."}},"importantCases":[],"_links":{"self":"/api/acts/metropolitan-drainage-act-1935","history":"/api/acts/metropolitan-drainage-act-1935/history","analysis":"/api/acts/metropolitan-drainage-act-1935/analysis","conflicts":"/api/acts/metropolitan-drainage-act-1935/conflicts","importantCases":"/api/acts/metropolitan-drainage-act-1935/important-cases","documents":"/api/acts/metropolitan-drainage-act-1935/documents"}}