Farm Water Supplies Assistance Act of 1958 (7 Eliz Ii No. 8) (Qld)

WATER SUPPLY AND SEWERAGE. 7 E liz . II. No. 8, 1958. Farm Water Supplies Assistance Act. 599 WATER SUPPLY AND SEWERAGE. (1) Farm Water Supplies Assistance Act of 1958 7 Eliz. II. No. 8 (2) Irrigation Acts and Another Act Amendment Act of 1957 ............................................... 6 Eliz. II. No. 42 An Act to enable Farmers to obtain Financial 7^0“8n Assistance for Works of Water Supply, to W ater 3* __ . i m • • « y • i• S upplies empower the Commissioner of Irrigation and Water Supply to carry out such Works on behalf of Farmers, and for purposes connected therewith. [A ssented to 10 th A pril , 1958.] E it enacted by the Queen’s Most Excellent Majesty, B 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:— 1. This Act may be cited as “ The Farm Water short title. Supplies Assistance Act of 1958.” 2. In this Act, unless the context otherwise indicates interpreta- or requires, the following terms shall have the meaningstlon- respectively assigned to them, that is to say— “ Bank ”—The Corporation of the Agricultural Bank. Bank under and within the meaning of *“ The Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1951 ” ; “Commissioner”—The Commissioner of commis- Irrigation and Water Supply under andSIoner' within the meaning of f“ The Irrigation and Water Supply Commission Acts, 1946 to 1949 ” ; “Farm land”—Farm land under and within Farm land, the meaning of *“ The Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1951 ” ; * 14 G. 5 No. 41 and amending Acts, f 11 Gr. 6 No. 11 and amending Acts.

600 WATER SUPPLY AND SEWERAGE. Farm, Water Supplies Assistance Act. 7 E liz . II. No. 8, Fund. Minister. Owner. Works. “ Fund ”—The fund established in the Treasury under and for the purposes of this Act; “ Minister ”—The Minister for Public Lands and Irrigation or other Minister of the Crown for the time being charged with the administration of this Act; “ Owner ”—In relation to farm land held from the Crown for a lesser estate than freehold, the person holding that land from the Crown ; “ Works ”—means works necessary for the provision or improvement of water supply to farm lands for domestic, stock or irrigation purposes, or for the preparation of farm lands for irrigation. Administra­ 3. This Act shall be administered by the Minister Atiocnt of this and, subject to the Minister, by the Commissioner. generally. Application 4. Any owner of farm land who desires an advance faodrvaannce. for the purpose of the carrying out of works may make an application to the Commissioner for an advance. Such application shall be in or to the effect of the prescribed form and shall be accompanied by the prescribed deposit as security for the cost of the investigation in connection with the application, and such deposit may be applied by the Commissioner in payment or part payment of the cost of the investigation. Dealing 5. (1.) (a) Upon receipt of an application the wapitphlication. Commissioner shall cause to be made all such inquiries and investigations as he deems necessary. (6) He shall refer the application to the Under Secretary, Department of Agriculture and Stock, for report by a technically qualified officer of that Department upon the prospects of success of the farming operations for the purpose whereof the works to which the application relates are proposed, and the said Under Secretary shall cause such a report to be made and furnished to the Commissioner. (c) The Commissioner shall submit the application, together with his report upon such inquiries and investigations as he has caused to be made and the

WATER SUPPLY AND SEWERAGE. 1958. Farm Water Supplies Assistance Act. report referred to in paragraph ( b) of this subsection, to the Bank for decision by the Bank whether or not an advance shall be made. (d) For the purposes of advising the Bank on matters connected with applications under this Act for advances the Agricultural Bank Board under and within the meaning of *“ The Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1951,” shall consist of the three members appointed pursuant to that Act to constitute that Board for the time being together with the Commissioner or a person nominated in writing by the Commissioner. The Commissioner or his aforesaid nominee may, and is hereby authorised to, attend any meeting of the Agricultural Bank Board at any time when the business of that Board comprises any matter connected with an application under this Act for an advance and take part in the discussion of and vote upon that matter as a member of the Board. (2.) In the event of the Bank deciding that an advance shall be made the Commissioner shall furnish to the applicant a statement, setting out a description of the works approved to be carried out and the cost of the works as estimated by him. Where the works are to be carried out by any person or body, including the owner, other than the Commissioner, the Commissioner shall set out in such statement the amount of the advance, not exceeding ninety per centum of the cost of the works as estimated by the Commissioner. Where the applicant desires the Commissioner to carry out the works and the Commissioner is prepared to carry out the works, the Commissioner shall set out in such statement the terms and conditions under which he is prepared to carry out the works, including the charge to be paid therefor or the manner in which such charge shall be assessed, and the amount, not less than ten per centum of the cost of the works as estimated by the Commissioner, to be paid to the Commissioner in accordance with subsection three of this section. * 14 G. 5 No. 41 and amending Acts. 601

602 WATER SUPPLY AND SEWERAGE. Farm Water Supplies Assistance Act. 7 E liz . II. No. 8, (3.) If, on receipt of the statement referred to in subsection two of this section, the applicant is desirous of obtaining the advance, he shall, within one month thereafter, notify the Commissioner to that effect in the prescribed form or a form to the like effect, and where he desires the works to be carried out by the Commissioner, the notification shall be accompanied by the amount set out in the statement referred to in subsection two of this section to be paid to the Commissioner. Bank to make advances. 6. (1.) In any case where the applicant notifies the Commissioner under subsection three of section five of this Act that he desires the advance, the advance shall, subject to the provisions of this Act, be made by the Bank by way of loan on such terms and conditions, including conditions respecting the term of the loan and interest thereon, as the Bank determines. (2.) Every advance shall be on such security as the Bank may require, and nothing in this Act shall require or be deemed to require the Bank to make any advance in respect whereof security as required by the Bank is not given to its satisfaction. The Bank shall have and may exercise with respect to every advance under this Act made by it, and any and every security taken by it in relation to that advance, all of the powers, rights, remedies and protection had by it under *“ The Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1951,” with respect to advances made under that Act and securities taken in relation thereto, and all of the provisions of *“ The Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1951,” shall, with and subject to all necessary adaptations, apply and extend accordingly : Provided that no provision of *“ The Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1951,” shall apply so as to limit the power of the Bank to make an advance under this Act up to, but not exceeding, ninety per centum of the cost of the works. (3.) Where any works are to be carried out by the Commissioner such securities for the advance as are required by the Bank shall be executed by the owner before the commencement of the construction of the * 14 G. 5 No. 41 and amending Acts.

WATER SUPPLY AND SEWERAGE. 603 1958. Farm Water Supplies Assistance Act. works by the Commissioner and where any works are to be carried out by any person or body, including the owner, other than the Commissioner, such securities for the advance as are required by the Bank shall be executed by the owner before any advance is made to or on behalf of the owner. (4.) An advance made under this Act shall not be taken into account for the purpose of determining, under the provisions of section twenty-six of *“ The Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1951,” the maximum of the advance or advances which may be made to any one person by the Bank. 7. No advance shall be made under this Act unless Conditions the Bank is satisfied— advances. (a) That farming operations will be carried on on the farm land efficiently and with a reasonable prospect of success ; and (b) That the proposed works in respect of such land are necessary to ensure a more efficient carrying on of farming operations on such land. 8 . The amount of any advance to be made to any of owner where the works are to be carried out by any where work person or body, including the owner, other than carried the Commissioner, shall be finally determined by commis- the Bank upon the completion of the works. Such “oner, amount shall not exceed ninety per centum of the actual cost incurred by the owner, including the value of any work performed by him, in respect of the carrying out of the works. 9. Where any works in respect of which an advance of is to be made under this Act are carried out by any where works person or body, including the owner, other than the earned Commissioner, the advance shall be made in such manner commis- as the Bank directs and upon the Commissionersioner- certifying that the works have been carried out or are being carried out in a satisfactory manner and in accordance with the approval of the Commissioner. * 14 G. 5 No. 41 and amending Acts.

604 WATER SUPPLY AND SEWERAGE. Farm Water Supplies Assistance Act. 7 E liz . II. No. 8, For the purposes of this section, the Commissioner may by his officers and servants enter the lands of the owner and inspect the works. Commis­ sioner may carry out work where advance is made. 10 . ( 1 .) In any case where the owner desires the Commissioner so to do the Commissioner may for or on behalf of and at the cost of the owner carry out works in respect of which an advance is to he made under this Act. (2.) Any works carried out by the Commissioner under this section shall be carried out on such terms and conditions, including the charge to be paid therefor or the manner in which such charge is to be assessed, as may be agreed upon by the owner and the Commissioner. (3.) Where the charge to be paid by the owner for any works carried out by the Commissioner under this section is the actual cost incurred by the Commissioner in carrying out the works, the amount of the actual cost shall include all proper supervision costs and overhead expenses and any certificate referred to in subsection five of this section shall, according as certified thereby, be accepted as final and conclusive evidence of the actual cost as aforesaid incurred by the Commissioner in carrying out the works or so much thereof as is specified in the certificate. (4.) Where any works are carried out by the Commissioner under this section, the amount of the advance to be made by the Bank shall be the charge agreed to be paid by the owner to the Commissioner for the carrying out of the works less the amount paid to the Commissioner by the owner under the provisions of subsection three of section five of this Act. (5.) On completion, or from time to time during the progress, of any such works carried out by the Commissioner, a certificate under the hand of the Secretary to the Commissioner setting out the amount of the charge to be paid to the Commissioner for the carrying out of the completed works or, as the case may be, so much thereof as is specified in the certificate shall be forwarded to the Bank whereupon the amount, or appropriate proportion of the amount, of the advance shall be paid to the Commissioner by the Bank and thereupon shall, for the purposes of this Act, be deemed to have been made to the owner.

WATER SUPPLY AND SEWERAGE. 605 1958. Farm Water Supplies Assistance Act. 11 . (I-) The Commissioner may let on hire any Commis- machinery, plant or equipment for the purpose of themayiet carrying out of works by an owner of farm lands. machinery, &c., on (2.) Where the Commissioner has let out on hirehire' any machinery, plant or equipment for the purpose of carrying out any works in respect of which an advance is to be made under this Act, the Bank shall, out of the moneys to be advanced to the owner, pay to the Commissioner the amount of any such hire and any such amount shall, for the purposes of this Act, be deemed to have been advanced to the owner. 12. (1.) The owners of two or more separate Works of parcels of farm land who are desirous of having water gu^p1J.ater supplied to their lands by means of a joint water supply scheme may, whether or not the whole of the works are to be constructed on the land of one owner, make an application for an advance for the carrying out of works for that purpose. The provisions of section four and of section five of this Act shall apply with and subject to all necessary adaptations, to and in respect of an application under this section. (2.) The amount of every advance made in pursuance of an application lodged under this section shall be repaid by the whole of the owners in such proportions as may be agreed upon between them. Notification of such proportions shall be given to the Commissioner when giving notification in accordance with subsection three of section five of this Act. 13. (1.) Where the owner or occupier of any farm Commis- land desires the Commissioner to carry out works and ™"ercarry is prepared to pay in cash for the carrying out of such out works works, the Commissioner may carry out the works on is such terms and conditions, including the charge to be not made, paid therefor or the manner in which such charge is to be assessed, as may be agreed upon by the owner or occupier and the Commissioner. (2.) A certificate under the hand of the Secretary to the Commissioner of the amount payable by the owner or occupier for any such works shall be forwarded to the owner or occupier, which certificate shall, where the charge to be paid for the works is the actual cost

606 WATER, SUPPLY AND SEWERAGE. Farm Water Supplies Assistance Act. 7 E liz . II. No. 8, incurred by the Commissioner in carrying out the works, be accepted as final and conclusive evidence of the charge payable by the owner or occupier. Such amount until paid shall be and remain a debt due to the Commissioner and any amount thereof not paid in accordance with the terms and conditions agreed upon shall be recoverable by the Commissioner in any court of competent jurisdiction. Commis­ sioner may carry out investi­ gations, prepare estimates, &c. 14. (1.) The Commissioner may— (a) Supervise, on behalf of any owner, the carrying out of any works on any farm lands ; and (b) Carry out surveys and investigations and prepare designs for and estimates of costs of any works proposed to be carried out on any farm lands. (2.) The charge which the Commissioner may require for any supervision or work carried out by him pursuant to the provisions of subsection one of this section may— (а) Where so agreed between the owner and the Commissioner be paid for in cash by the owner; (б) Be the subject of an advance under and in accordance with the provisions of this Act; or (c) Be included in the amount of any advance which is made under and in accordance with the provisions of this Act for the carrying out of any works. (3.) Where the charge for any supervision or work carried out by the Commissioner under the provisions of subsection one of this section is the subject of an advance under and in accordance with the provisions of this Act, or where any such charge is included in the amount of any advance being made under and in accordance with the provisions of this Act, the Bank shall, out of the moneys to be advanced to the owner, pay the Commissioner the amount of such charge, and any such amount paid by the Bank to the Commissioner shall, for the purposes of this Act, be deemed to have been advanced to the owner.

WATER SUPPLY AND SEWERAGE. 607 1958. Farm Water Supplies Assistance Act. 15. Where any works are to be carried out by Entry on the Commissioner under this Act the owner and the J^d0fnd occupier of the farm lands on which the works are to materials, be carried out shall for the purpose of enabling the Commissioner to carry out the said works grant to the Commissioner, his officers, workmen, servants, contractors or agents at all reasonable times, full and free right of ingress, egress and regress (and either with or without vehicles, tools and materials) in, over or upon all or any of the farm lands and the right to the use of earth, stone, timber, gravel or sand or other materials or things dug, raised or obtained on such lands. 16. Nothing in this Act shall authorise any works Saving of whereto Part II. or Part VII. of *“ The Water Acts, 1926 to 1957,” apply to be carried out save in compliance to 1957.” in every respect with the requirements of the Part in question of those Acts. 17. (1.) There shall be established in the Treasury a Fund to be called “ The Farm Water Supplies supples Assistance Fund ”. Assistance Fund. (2.) There shall be paid into the Fund all such moneys as are appropriated by Parliament for the purpose thereof and also all moneys received by the Bank in respect of the repayment of advances made under this Act and the payment of interest thereon. (3.) All advances made by the Bank under this Act shall be payable out of the Fund. 18. (1.) The Governor in Council may, from time Regulations, to time, make regulations providing for all or any purposes, whether general or to meet particular cases, as in his opinion are convenient for the administration of this Act or as in his opinion are necessary or expedient to carry out the objects and purposes of this Act. (2.) Every regulation made under this Act shall— (i.) Be published in the Gazette ; (ii.) Upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein ; * 17 G. 5 No. 12 and amending Acte.

608 WATER SUPPLY AND SEWERAGE. Irrigation Acts and Another Act, Etc., Act. 6 E liz . II. No. 42, (iii.) Take effect from the date of such publication unless, in the case of any regulation, a later date is specified in that or any other regulation for its commencement when in such event it shall take effect from that later date; and (iv.) Be laid before Parliament within fourteen sitting days after such publication, if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session. (3.) If Parliament passes a resolution of which notice has been given at any time within fourteen sitting days after any such regulation has been laid before Parliament disallowing the same or part thereof, that regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further regulation. 6N E o l . iz 4 . 2I. I. An Act to Amend “ The Irrigation Acts, 1922 to T he I rrigation A cts and 1954,” and “The Water Acts, 1926 to A nother A ct A mendment 1954,” each in certain particulars. A ct of 1957. [A ssented to 20 th D ecember , 1957.] E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lativeAssembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— P art I.— P reliminary . P art I.—P reliminary . Short title. 1. This Act may be cited as “ The Irrigation Acts and Another Act Amendment Act of 1957.” Parts of Act. 2. This Act is divided into Parts as follows:— P art I. —P reliminary ; P art II. —A mendments of *“ T he I rrigation A cts , 1922 to 1954 ” ; P art III. —A mendments of A cts , 1926 to 1954.” T he W ater * 13 G. 5 No. 29 and amending Acts, t 17 G. 5 No. 12 and amending Acts.