Brisbane and Area Water Board Act Amendment Act 1983 (Qld)

295 xe enCS laub ANNO TRICESIMO SECUNDO ELIZABETHAE SECUNDAE REGINAE No. 28 of 1983 An Act to amend the Brisbane and Area Water Board Act 1979-1981 in certain particulars [ASSENTED TO 22ND APRIL, 1983]

296 Brisbane and Area Water Board Act Amendment Act 1983, No. 28 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Brisbane and Area Water Board Act Amendment Act 1983. (2) In this Act the Brisbane and Area Water Board Act 1979-1981 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Brisbane and Area Water Board Act 1979-1983. 2. Amendment of s. 4. Meaning of terms. Section 4 of the Principal Act is amended by- (a) omitting the definition of " Commissioner "; (b) inserting after the definition of " dam " the following definition:- Diirreeccttoorr " means the Director of Local Government for the © State of Queensland; "; (c) inserting after the definition of "headworks " the following definition :- " " Headworks Operator " means any Local Authority with which the Board has entered into any contract or arrangement with respect to the operation and maintenance of the headworks of the Board; ". 3. Amendment of s. 7. Publication of operational area. Section 7 of the Principal Act is amended by omitting the word " Commissioner " and substituting the word " Director ". 4. Amendment of s. 21 . Committee to advise Board . Section 21 of the Principal Act is amended by- (a) in subsection (2) omitting paragraphs (b) and (c) and substituting the following paragraphs:- " (b) the person holding the office of Commissioner of Water Resources, or his nominee; (c) the Director, or his nominee; "; (b) in subsection (6) omitting the word " Commissioner " where it twice occurs and substituting the word " Director ". 5. Amendment of s. 22 . Functions . Section 22 of the Principal Act is amended in subsection (1) by inserting after paragraph (j) the following paragraph:- " (ja) to provide, operate, protect and maintain such recreational facilities as the Board sees fit at headworks or on any other land or property owned by or under the control of the Board and

Brisbane and Area Water Board Act Amendment Act 1983, No. 28 297 to enter into commercial ventures incidental to the operation of those recreational facilities and to let out to other persons the operation of those facilities or ventures; ". 6. New s. 37A. The Principal Act is amended by inserting after section 37 the following section:- " 37A. Liability for works . The cost of constructing and of operating, maintaining, improving and extending headworks, trunk mains, treatment works or other works constructed by th. Board that will be or are for the benefit of one only or of some only of the Areas of the Local Authorities represented on the Board shall be payable- (a) in the case of works for the benefit of one only of those Areas, by the Local Authority of the benefited Area; or (b) in the case of works for the benefit of some only of those Areas, by the Local Authorities of the benefited Areas, such costs being apportioned between those Local Authorities in accordance with an agreement between those Local Authorities.". 7. Amendment of s. 38. Procedure upon absence of agreement . Section 38 of the Principal Act is amended by- (a) in subsection (1) inserting before the words " the issue shall be referred " the words " or Local Authorities fail to agree on the apportionment of costs of constructing, operating, maintaining, improving or extending works that will be or are for the benefit of their Areas "; (b) in the final paragraph of subsection (4) omitting the words " the Local Authority " and substituting the words " each Local Authority ". 8. Amendment of s. 41. Procedure for obtaining consent. Section 41 of the Principal Act is amended by omitting the word " Commissioner " and substituting the words " Director who shall refer the matter to the Commissioner of Water Resources for investigation ". 9. Amendment of s. 106 . Operational procedures for flood mitigation. Section 106 of the Principal Act is amended by inserting after subsection (2) the following subsection:- " (3) Before he decides to approve of a manual oi any amendment of a manual the Minister shall consult on that issue with the Minister of the Crown charged with the administration and control of water resources in Queensland.". 10. Amendment of s. 107. Board bound by manual . Section 107 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section inserting after the word " Board " the words ", Headworks Operator "; (b) inserting after the word " employees " the words " and the Headworks Operator and its employees ".

298 Brisbane and Area Water Board Act Amendment Act 1983, No. 28 11. Amendment of s. 108 . Minister , Board not liable for flood damage. Section 108 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section inserting after the word " Board " the words ", Headworks Operator "; (b) omitting the words " and an employee of the Board " and substituting the words ", the Headworks Operator and an employee of the Board or the Headworks Operator "; (c) in paragraph (b) omitting the words " by an employee of the Board " and substituting the words " the Headworks Operator or by an employee of the Board or the Headworks Operator ". 12. Amendment of s. 109. Co - operative practice of Board and Electricity Generating Board . Section 109 of the Principal Act is amended in subsection (3) by omitting the words " Commissioner for the approval of the Minister who may approve or reject the same or recommend amendment thereof " and substituting the words " Director for the approval of the Minister who, after consultation with the Minister of the Crown charged with the administration and control of water resources in Queensland, may approve or reject the same or recommend amendment thereof ". 13. Amendment of s. 131. Board liable only in negligence for escape of water . Section 131 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section inserting after the word " Board " the words ", Headworks Operator "; (b) inserting after the word " Board " where it first occurs the words " and the Headworks Operator "; (c) inserting after the word " servants " the words " or the Headworks Operator or its servants ".