Country Water Supplies Administration and State Brickworks (Amendment) Act 1960 (NSW)

COUNTRY WATER SUPPLIES ADMINISTRATION AND STATE BRICKWORKS (AMENDMENT) ACT.

Act No. 24, 1960.

An Act to make provision for the protection from pollution of the Fish River, Junee and South­ west Tablelands works of water supply; to extend the class of securities in which the renewal reserve accounts established in connection with those works, and the depreciation reserve account established in connection with the State Brickworks, may be invested; for these purposes to amend the Fish River Water Supply Admin­ istration Act, 1945-1957, the Junee Water Supply Administration Act, 1915-1941, the South-west Tablelands Water Supply Administration Act, 1941, and the State Brickworks Act, 1946; to validate certain matters; and for purposes connected therewith. [Assented to, 19th April, I960.]

BE 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. (1) This Act may be cited as the "Country Water

Supplies Administration and State Brickworks (Amendment)
Act, 1960."

1945-1960. (3)

(2) The Fish River Water Supply Administration Act,

1945, as amended by subsequent Acts and by this Act, may
be cited as the Fish River Water Supply Administration Act,

(3) The Junce Water Supply Administration Act, 1915, as amended by subsequent Acts and by this Act, may be cited as the Junee Water Supply Administration Act, 1915-1960.

(4) The South-west Tablelands Water Supply Admini­ stration Act, 1941, as amended by this Act, may be cited as the South-west Tablelands Water Supply Administration Act, 1941-1960.

(5) The State Brickworks Act, 1946, as amended by

this Act, may be cited as the State Brickworks Act, 1946-1960.

2. The Fish River Water Supply Administration Act,

1945-1957, is amended—

(a) by inserting in section two next after the definition of "Administrator" the following new definition : —

"Catchment area" means any lands for the time being proclaimed under section 18A of this Act to be a catchment area in connection with the supply of water by the Admini­ strator.

(b)	by omitting from subsection four of section thirteen the words "Commonwealth Government securities" and by inserting in lieu thereof the words
Australia or of the State of New South Wales or in "Government securities of the Commonwealth of any securities guaranteed by the Government of the

said State";

(c) by inserting next after section eighteen the following new sections: —

18A. (1) The Governor may, by proclamation published in the Gazette, proclaim any lands to be a catchment area in connection with the supply of water by the Administrator.

(2)

(2) The Governor may, by like proclama­ tion, at any time revoke and cancel the proclamation of any catchment area and reproclaim the boundaries thereof, and may, by like proclamation, amend the boundaries of any catchment area previously thereto proclaimed under this Act.

18B. All proceedings for offences against this Act or the regulations shall be disposed of summarily before a stipendiary magistrate or two justices in petty sessions.

(d) by inserting next after subsection one of section nineteen the following new subsections : —

(1A) Without prejudice to the generality of sub­ section one of this section, the Governor may make regulations for or with respect to : —

(a)	the marking of the boundaries of any catchment area;
(b)	the protection from pollution of any catch­ ment area, or any stream or watercourse in any catchment area or any water contained or stored in or by the works, and the protection of the works from damage;
(c)	the inspection of land and buildings upon any catchment area;
(d)	the regulation or the prohibition of burials on any catchment area;
(e)	the authorising of the carrying out by the Administrator of any structural alteration of buildings or other works to prevent or minimise the danger of pollution of any catchment area;
(f)	requiring the removal of buildings or works on any catchment area;

(g)

(g)	the regulation or prevention of the keeping of animals on any catchment area;
(h)	preventing the diversion of or the taking of water from any natural or artificial stream or watercourse the water of which flows into the works except by or under the authority of the Administrator or of any statute;

(i)   the prevention of the destruction of trees, shrubs, herbage or other vegetative cover on any catchment area, and the authorising of measures necessary to preserve or pro­ vide arboreal cover on any catchment area.

(1B) Where any owner or occupier of land within a catchment area is prejudicially affected by the operation of any regulation made under subsection

(1A) of this section, he shall be entitled to be paid

compensation by the Administrator in respect of the
damage sustained by him.

(lc) The regulations may impose a penalty not exceeding fifty pounds for any breach thereof.

3. The Junee Water Supply Administration Act, 1915-

1941, is amended—

(a)	by omitting from subsection four of section 13A the words "Commonwealth Government securities" and
by inserting in lieu thereof the words "Government securities of the Commonwealth of Australia or of
the State of New South Wales or in any securities
guaranteed by the Government of the said State";
(b)	by inserting next after section nineteen the following new section : —

19A. All proceedings for offences against this Act or the regulations shall be disposed of summarily before a stipendiary magistrate or two justices in petty sessions.

(c)

(c) (i) by inserting at the end of subsection one of section twenty-one the following new para­ graph : —

Without prejudice to the generality of the foregoing provisions of this subsection, the Governor may make regulations generally to control and regulate or prohibit the doing or continuance of anything likely to cause the pollution of any water contained or stored in or by any of the works maintained and administered under this Act by the Admini­ strator.

(ii)   by omitting from subsection two of the same section the word "Such" and by inserting in lieu thereof the word "The".

4. The South-west Tablelands Water Supply Admini­

stration Act, 1941, is amended—

(a)	by omitting from subsection four of section thirteen the words "Commonwealth Government securities" and by inserting in lieu thereof the words "Government securities of the Commonwealth of Australia or of the State of New South Wales or in any securities guaranteed by the Government of the said State";
(b)	by inserting next after section nineteen the following new section: —
19A. All proceedings for offences against this Act or the regulations shall be disposed of summarily before a stipendiary magistrate or two justices in petty sessions.
(c)	by inserting next after subsection one of section twenty the following new subsections: —

(1A) Without prejudice to the generality of sub­ section one of this section, the Governor may make regulations generally to control and regulate or prohibit the doing or continuance of anything likely

to

to cause the pollution of any water contained or stored in or by any of the works maintained and administered under this Act by the Administrator.

(1B) The regulations may impose a penalty not

exceeding fifty pounds for any breach thereof.

5. The State Brickworks Act, 1946, is amended by omitting from subsection four of section six the words "Commonwealth Government securities" and by inserting in lieu thereof the words "Government securities of the Commonwealth of Australia or of the State of New South Wales or in any securities guaranteed by the Government of the said State".

6. The amendments made by paragraph (b) of section two, paragraph (a) of sections three and four, and by section five of this Act shall be deemed to have commenced on the first day of January, one thousand nine hundred and fifty-nine.

LEGAL