Burdekin River Development Act Amendment Act of 1959 (8 Eliz Ii No. 40) (Qld)

90 C^ueeitslanb ANNO OCTAVO ELIZABETHAE SECUNDAE REGINAE. No. 40. An Act t6 Amend "The Burdekin River Development Act of 1949/' in certain particulars. [A ssented to 19 th N ovember , 1959.] B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— Short title. Principal Act. Collective title. 1. (1.) This Act may be cited as “ The Burdekin River Development Act Amendment Act of 1959.” _ (2.) “ The Burdekin River Development Act of 1949,” is in this Act referred to as the Principal Act. (3.) The Principal Act and this Act may be collectively cited as “ The Burdekin River Development Acts, 1949 to 1959.”

8 E liz . II. No. 40, 1959. Burdekin River Development, Etc., Act. 91 2. Section eleven of the Principal Act is amended— Amendment 1 OI S. 11. (i.) By inserting before the words “ Unless otherwise agreed ” the figure and brackets “ (1.) ” ; and (ii.) By inserting in subparagraph (e) of subsection two of that section, after the words “ laid before Parliament ”, the words “ disallowing any such regulation 3. Section forty-four of the Principal Act is amended of™6 4 ^merlt by adding thereto the following subsections:— “ (3.) All works of the Authority within any part of the Burdekin River Area declared to be an Irrigation Area pursuant to the provisions of subsection one of this section, designed and constructed for the purpose of the irrigation of lands shall be deemed to be (and in the case of a declaration as aforesaid at any time prior to the enactment of this subsection shall be deemed to ! have always been on and from the date of the making of the relevant Order in Council) an irrigation undertaking under and for the purposes of “ The Irrigation Acts, 1922 to 1959,” within and in relation to that Irrigation Area. All the provisions of “ The Irrigation Acts, 1922 to 1959,” shall extend and apply (and, in the case of a | declaration as aforesaid at any time prior to the enactment of this subsection, shall be deemed to have always extended and applied) to any such irrigation undertaking in all respects as if the undertaking were an irrigation undertaking approved by the Legislative Assembly and established by the Governor in Council under the provisions of the said Acts. (4.) The Clare Irrigation Area constituted under the provisions of “ The Irrigation Areas (Land Settlement) Acts, 1933 to 1954,” shall be deemed tp be and to have always been an Irrigation Area declared as such pursuant to the provisions of subsection one of this section and accordingly all the provisions of this section shall be applicable in relation thereto in all respects as if on the date of the coming into operation of this Act it had been declared under subsection one of this section to be an Irrigation Area.

92 Burdekin River Development, Etc., Act. 8 E liz . II. No. 40, 1959. (5.) All works which pursuant to subsection three of this section constitute an irrigation undertaking shall devolve upon the Commissioner of Irrigation and Water Supply and where in any case it becomes necessary so to do, the Governor in Council may by Order in Council declare and apportion the works of the Authority within an Irrigation Area declared as such under this section between the Authority and the said Commissioner and in such manner as appears to him just.” Amendment 4. Subsection three of section fifty of the of s. 50 (3). Principal Act is amended by inserting, after the words “ laid before Parliament ”, the words “ disallowing any such regulation ”.