Brisbane and Area Water Board Act Amendment Act 1984 (Qld)

462 Queen 1aub ANNO TRICESIIVIO TERTIO LIZAB T AAE S E CU ND A E R EG I NAE No0 44 of 1984 Act to a m end the Brisbane and Area Water Board Act 1979- 1983 in certain particulars [ASSENTED TO 10TH MAY, 1984]

Brisbane and Area Water Board Act Amendment Act 1984, No. 44 463 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 1984. (2) In this Act the Brisbane and Area Water Board Act 1979-1983 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 1979-1984. 2. Amendment of s. 4. Meaning of terms . Section 4 of the Principal Act is amended in the definition " Headworks Operator " by inserting after the word " maintenance " the words "(including the operational procedures to be carried out for the purpose of flood mitigation)". 3. Amendment of s. 24. Board may make contracts and arrangements. Section 24 of the Principal Act is amended by- (a) in subsection (1), in paragraph (a), inserting after the word " maintenance " the words "(including the operational procedures to be carried out for the purpose of flood mitigation)"; (b) inserting after subsection (1) the following subsection:- " (lA) A contract made or arrangement entered into by the Board with a Local Authority under paragraph (a) of subsection (1) shall, while it subsists, be lawful authority for the Local Authority and its servants to perform the terms and conditions of the contract or arrangement.". 4. Amendment of s. 38. Procedure upon absence of agreement . Section 38 of the Principal Act is amended by- (a) in subsection (1), adding at the end of paragraph (a) the words " or as to the provisions that should constitute any agreement proposed in connexion with such an assumption of control "; (b) omitting subsection (2) and substituting the following subsection :- " (2) Where an issue is referred to the Minister under subsection (1) he shall make such inquiry into the matter as he thinks fit."; (c) in subsection (3), omitting the words " an investigation referred to in subsection (2) the person making the same " and the words " to enable him to make a proper investigation " and substituting the words " an inquiry referred to in subsection (2) the Minister " and the words " for that purpose " respectively. (d) in subsection (4), omitting the words " Upon receipt of the report of an investigation " and substituting the words " Upon the completion of an inquiry ".

464 Brisbane and Area Water Board Act Amendment Act 1984, No. 44 5. New ss. 38A and 38B. The Principal Act is amended by inserting after section 38 the following sections:- " 38A. Authority to resolve all matters upon reference of issue to Minister . (1) Where an issue has been referred to the Minister under section 38 he may- (a) in the case of a failure to agree by the Board and a Local Authority, upon the request of the Board or the Local Authority; or (b) in the case of a failure to agree by Local Authorities, upon the request of a Local Authority concerned, determine that he shall make an inquiry into all or certain matters, the subject of or connected with the negotiations in question, that are not the subject of a concluded agreement between the parties who have failed to agree, with a view to all such matters being resolved. (2) The making of a determination by the Minister under subsection (1) shall be notified in writing to the Board and the Local Authority or, as the case may require, to the Local Authorities concerned and therein there shall be specified a date after which the reference in question will be enlarged to include all matters or the matters specified therein, the subject of or connected with the negotiations in question, that are not the subject of a concluded agreement between the parties who have failed to agree. (3) Subject to notification being given as prescribed by subsection (2)- (a) after the date specified in the notification in accordance with that subsection, each of the matters to which the notification relates shall be deemed to be an issue referred to the Minister under section 38 (1); (b) after the date specified in the notification in accordance with that subsection, the Minister may make such inquiry as he thinks fit into all matters to which the notification relates in addition to or as part of the inquiry referred to in section 38 (2); (c) the provisions of section 38 (3) and (4) shall apply in respect of an inquiry made under the authority of paragraph (b) and in respect of the determination of the Governor in Council made consequent upon the inquiry. 38B. Orders to give effect to determinations by Governor in Council . (1) Where, in the absence of agreement between the Board and a Local Authority the Governor in Council determines an issue upon a reference under section 38 or a reference enlarged under section 38A, he may make Orders in Council such as are authorized by sections 31 (2) and 32 (2) and any order so made shall be deemed to have been duly made pursuant to section 31 (2) or 32 (2) whichever is appropriate.

Brisbane and Area Water Board Act Amendment Act 1984, No. 44 465 (2) The provisions of section 31 (3) shall apply consequent upon the making of an order under the authority of subsection (1) that is deemed to have been made pursuant to section 31 (2). (3) The provisions of section 32 (3) shall apply consequent upon the making of an order under the authority of subsection (1) that is deemed to have been made pursuant to section 32 (2).". 6. Application of provisions amended or inserted by this Act. The provisions of section 38 of the Principal Act as amended by section 4 and of sections 38A and 38B inserted in the Principal Act by section 5 apply in respect of a reference of an issue made to the Minister under section 38 of the Principal Act before the commencement of this Act as well as in respect of a reference of an issue made to the Minister after the commencement of this Act. 7. Amendment of s. 54. Regulation of use of catchment area. Section 54 of the Principal Act is amended in subsection (1) by inserting after the words " assumed control " the words " or proposes to assume control ". 8. Amendment of s. 106. O perational procedures for flood mitigation. Section 106 of the Principal Act is amended by- (a) in subsection (1), in the first paragraph, omitting the words " that is " and substituting the words " or a combined manual in relation to two or more reservoirs "; (b) inserting after subsection (3) the following subsection:- "(4) A manual of operational procedures may vest in any person mentioned therein and regulate the function of exercising a reasonable discretion in any matter as part of the flood mitigation procedures.". 9. Amendment of s. 107. Board , Headworks Operator bound by manual . Section 107 of the Principal Act is amended by omitting the words " each reservoir under its control for the purpose of flood mitigation shall be as provided by the manual prepared under section 106 in relation to that reservoir " and substituting the words " the reservoirs under its control for the purpose of flood mitigation shall be as provided by the relevant manual prepared under section 106 ". 10. Amendment of s. 119. Remuneration of other Board members. Section 119 of the Principal Act is amended by- (a) omitting the expression " (1) "; (b) omitting the words " is prescribed " and substituting the words " the Governor in Council from time to time determines ". 11. Amendment of s. 120 . Expenses . Section 120 of the Principal Act is amended in subsection (2), by omitting the words " is prescribed by the regulations " and substituting the words " the Governor in Council from time to time determines ".

466 Brisbane and Area Water Board Act Amendment Act 1984, No. 44 12. Amendment of s. 131. Board , Headworks Operator 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 omitting the words ", Headworks Operator "; (b) omitting the words "and the Headworks Operator" and substituting the words " or any occupier of headworks "; (c) omitting the words "or the Headworks Operator" and substituting the words " or, as the case may be, the occupier ". (d) adding at the end of the section the following paragraph:- "This section does not extend to declaring with respect to the liability at law of any person who operates headworks or trunk mains otherwise than as an occupier thereof.".