Brogo Dam and Associated Works Act 1970 (NSW)

BROGO DAM AND ASSOCIATED WORKS ACT.

ANNO UNDEVICESIMO

E L I Z A B E T H S II B E G I N S

Act No. 68, 1970.

An Act to sanction and to provide for the construction of a dam across the Brogo River about fourteen miles north-north-west of Bega and storages on the Bemboka River/Tantawangalo Creek system together with works incidental thereto; to amend the Public Works Act, 1912, in certain respects; and for purposes connected therewith. [Assented to, 27th November, 1970.] BE

D L it enacted by the Queen's Most Excellent Majesty, by • * and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows : —

1. This Act may be cited as the "Brogo Dam and Associated Works Act, 1970".

(1) (a ) The carrying out of the work described in the Schedule to this Act is hereby sanctioned.

2.

(b) The said work shall be deemed to be an authorised work within the meaning of the Public Works Act, 1912.

(c) The Water Conservation and Irrigation Com­ mission is empowered to carry out the said work and shall be the Constructing Authority for the same within the meaning of the said Act and shall enter into such contracts and take all such necessary steps for the proper execution thereof as such Authority may think proper.

(d) The provisions of the Public Works Act, 1912, sections thirty-four, thirty-five, thirty-six and thirty-seven excepted, shall apply to and in respect of the said work.

(2) Without prejudice to the generality of subsection

one of this section the provisions of section thirty-eight of the

Public Works Act, 1912, shall apply to and in respect of any contracts referred to in paragraph (c) of subsection one of
this section.

3. The plan of the said work is the plan marked "Proposed Brogo Dam and Associated Works Locality Plan", sealed with the seal of The Water Conservation and Irrigation Commission, and deposited in the head office of the said Commission and catalogued No. 218/152 .

The cost of carrying out the said work is estimated at five million dollars and such estimated cost shall not, under any circumstances, be exceeded by more than ten per centum.

4.

For the purposes of this Act, but not otherwise, the Public Works Act, 1912, shall be deemed to be amended by inserting at the end of subsection two of section one hundred and twenty-six the following proviso :—

5.

Provided further that such interest shall not be paid for any period during which delay in fixing the amount of compensation or in making out title has been caused without reasonable excuse by the act or default of the person to whom such compensation is payable.

SCHEDULE

(1 ) The construction of—

(a)	(i)	a dam across the Brogo River about 14 miles north-
north-west of the town of Bega within portions 73 and 93 , parish of Puen Buen, county of Auckland, of a height sufficient to store about 8,000 acre-feet of water for irrigation purposes, with necessary spillway and

outlet works for regulation of the discharge of water

from the storage, together with works incidental
thereto;

(ii)    storages on the Bemboka River/Tantawangalo Creek system, with necessary spillway and outlet works for regulation of the discharge of water, together with works incidental thereto, sufficient to provide a normal annual regulated flow of about 12,000 acre- feet of water for irrigation purposes in the Bega River system when operated in conjunction with the Brogo Dam;

(b)

(b)	road deviations and roads of access together with structures incidental thereto;
(c)	works necessary to prevent siltation within the reservoirs and for the protection of the foreshores of the storages.

( 2 ) The establishment of borrow areas for soil, sand and gravel and quarries for rock and aggregates.

( 3 ) The whole of the works hereinbefore described to be subject

to such modifications as may be deemed necessary by the

Constructing Authority.

FISHERIES

P 19089—51