Brisbane and Area Water Board Act Amendment Act 1988 (Qld)

1297 ANNO TRICESIMO SEPTIMO ELIZA ET AE SECUN D AE REGINAE An Act to amend the Brisbane and Area Water Board Act 1979-1988 in certain particulars [ASSENTED TO 1ST DECEMBER, 1988] 42

1298 Brisbane and Area Water Board Act Amendment Act 1988, No. 90 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 1988. (2) In this Act the Brisbane and Area Water Board Act 1979-1987 as amended by the Acts Amendment and Construction Act 1988 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 1979-1988. 2. Amendment of s. 25. Provisions affecting contractural powers of Board. Section 25 of the Principal Act is amended in the note appearing in and at the beginning of the section by omitting the word "contractural" and substituting the word " contractual". 3. Repeal of and new section 37A. Section 37A of the Principal Act is repealed and the following section substituted:- "37A. Liability for works . (1) All costs lawfully incurred by the Board in respect of headworks, trunk mains, treatment works or other works constructed or to be constructed by the Board that will be or are for the benefit of all of the Areas or of some only of the Areas or of one 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 all of or 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; (b) in the case of works for the benefit of one only of those Areas, by the Local Authority of the benefited Area. (2) For the purposes of subsection (1) and without limiting the costs which may lawfully be incurred by the Board in respect of headworks, trunk mains, treatment works or other works constructed or to be constructed by the Board, these costs include - (a) the investigation and planning for; (b) the implementation (including the acquisition of and dealing with land) of those plans for; (c) the construction of; (d) the operation, maintenance, improvement and extension of, headworks, trunk mains, treatment works or other works constructed or to be constructed by the Board. (3) Where one or more Local Authorities contest that particular headworks, trunk mains, treatment works or other

Brisbane and Area Water Board Act Amendment Act 1988, 1299 No. 90 works constructed or to be constructed by the Board will be or are for the benefit of its or their Area or Areas, the issue shall be referred to the Minister and thereafter resolved in accordance with the procedure prescribed by section 38 as if it were an issue referred to in subsection (1) of that section.". 4. Amendment of s. 109. Co - operative practice of Board and Electricity Generating Board. Section 109 of the Principal Act is amended in subsection (2) (c) by omitting the words "of event" and substituting the words "or event". 5. Amendment of s. 113. Notice of meetings . Section 113 of the Principal Act is amended in subsection (1) by omitting the words "to first" and substituting the words "the first".