Drainage (Amendment) Act 1940 (NSW)

DRAINAGE (AMENDMENT) ACT.

Act No. 41, 1940.

An Act to amend the Drainage Act, 1939, and certain other Acts in certain respects; and for purposes connected therewith. [As- sented to, 5th December, 1940.]

Act, may be cited as the "Drainage Act, 1939-1940."

BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis-	Wales in Parliament assembled, and by the authority of
the same, as follows :—

1 . (1) This Act may be cited as the "Drainage

(Amendment) Act, 1940."

(2) The Drainage Act, 1939, as amended by this

2 . (1) The Drainage Act, 1939, is amended—

(a) (i) by omitting from subsection six of section seven the words "such amounts" and by inserting in lieu thereof the words "amounts due to the Colonial Treasurer immediately before the commencement of

this A c t " ;

(ii)  by inserting at the end of the same sub­ section the following new paragraphs:—

(b) In any case where all amounts due to the Colonial Treasurer by a trust were repaid before the commencement of this Act, the trust shall, as from such commence­ ment, be deemed to be a union constituted under this Act.

(c) Nothing contained in this subsection shall prejudice or affect in any way the continuity of a body corporate constituted by this Act but any such body corporate shall continue notwithstanding the pro­ visions of this subsection.

(iii)  by omitting from subsection seven of the same section the word " t ru s t ee s " and by in­ serting in lieu thereof the word "d i rec tors" ;

(b) by inserting in paragraph (c) of section twenty- five after the words "operation of" the words "section seven or ."

(2) This section shall be deemed to have com­

menced on the first day of December, one thousand nine

hundred and thirty-nine.

3 . The Drainage Act, 1939, is further amended—

(a)	by omitting from section nineteen the word "Minis te r" wherever occurring and by insert­ ing in lieu thereof the word "secre ta ry" ;
(b)	by inserting at the end of subsection three of section fifty-six the following words " o r is for the purpose of paying an amount due to the
Colonial Treasurer ' ' ;

(c)

Marketing of Primary Products (Amendment) Act.

(c) (i) by inserting next after subsection one of section fifty-eight the following new subsec- tion :—

(1A) A public inquiry shall not be held under subsection one of this section unless an application for the review of the in- debtedness of the trust concerned is lodged with the Minister on or before the thirty- first day of March one thousand nine hun- dred and forty-one.

(ii)  by inserting at the end of subsection two of the same section the following words:—

Nothing contained in this subsection shall prejudice or affect the continuity of a body corporate constituted by this Act but any such body corporate shall continue notwith- standing the provisions of this subsection,

(iii)  by omitting from subsection three of the same section the words "thirt ieth day of June one thousand nine hundred and for ty" and by inserting in lieu thereof the words "thirty-first day of December, one thousand nine hundred and forty-one";

(d) by inserting in subsection two of section seventy- three after the word "s ta tement" where firstly occurring the words "of the receipts and pay- ments or alternatively."