Gladstone Area Water Board Act 1975 (Qld)

351 wu EP1t 5Ilzt^ ANNO VICESIMO QUARTO ELIZABETH AE SECUNDAE REGINAE No. 25 of 1975 An Act to regulate the acquisition by the Gladstone Area Water Board of property to be utilized by it in the discharge of its function as a supplier of water; to empower the Board to control the use of land and water within defined areas so as to protect water stored for the purpose of supply by the Board ; and for purposes incidental to those matters or to the proper exercise and performance by the Board of its powers and duties (ASSENTED TO 15TH MAY, 1975) BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Gladstone Area Water Board Act 1975. 2. Arrangement of Act. This Act is arranged as follows:- P AR.T I-PRELIMINARY (SS. 1- 3): PART HI-ACQUISITION OF PROPERTY (SS. 4- 9); PART I1I-DAM CATCHMENT CONTROL SCHEME (SS. IO-35): PART IV--GENERAL PROVISIONS Is--. 36-4i).

352 Gladstone Area Water Board Act 1975, No. 25 3. M eaning of terms . In this Act, save where a contrary intention appears- Board " means the body corporate duly established pursuant to the State and Regional Planning and Development, PublicWorks Organization and Environmental Control Act1971-1974 to which has been assigned the name and style Gladstone Area Water Board; " Board's undertaking " means the supply by the Board in bulk of water to any Local Authority or consumer; " catchment area " means the land to which a Dam Catchment Control Scheme applies for the time being; " Co-ordinator-General " means the holder for the time being of the appointment, Co-ordinator-General, under the State andRegional Planning and Development, Public Works Organizationand Environmental Control Act1971-1974; " Local Authority " means the Gladstone Town Council, the Calliope Shire Council and any other Local Authority constituted pursuant to the Local Government Act 1936-1974 to which the Board supplies or proposes to supply water in bulk; " Minister " means the Premier or other Minister of the Crown for the time being charged with the administration of this Act and includes any person who for.the time being performs the functions of the Minister; " office " means, when used in relation to the Board, the premises declared by resolution of the Board to be its public office; " pollution " includes the emission, discharge or accumulation of any substance or substances, whether in a solid, liquid or gaseous state , and any noise, likely to create a nuisance or likely to render any part of the environment harmful to health, safety or welfare, and the presentation, establishment or maintenance in or adjacent to a public place of anything that is likely to be detrimental to the environment; " property " means real and personal property of every description and includes chattels real and choses in action; " recreation purpose " means the purpose of any activity in which individuals voluntarily engage to achieve personal satisfaction or pleasure derived from or in connexion with that activity. PART II-AcQuiscnoN OF PROPERTY 4. Notification of property to be acquired or liabilities to be assumed Upon the Board and a Local Authority agreeing with respect to- (a)the property of the Local Authority to be acquired by the Board for the purpose of the Board's exercising any of its powers or performing any of its functions or duties; or (b) the liabilities and obligations of the Local Authority to be assumed by the Board for a like purpose, the Board and the Local Authority shall furnish to the Minister a joint notification wherein shall be particularized, in detail sufficient to enable its identification, such property or, as the case may be, such liabilities and obligations.

Gladstone Area Water Board Act 1975, No. 25 353 5. Vesting of property and assumption of liabilities . (1) The Governor in Council may by Order in Council declare a date on and from which- (a) the property therein particularized shall be divested from the Local Authority therein specified and shall vest in the Board; or, as the case may be, (b) the liabilities or obligations therein particularized shall be assumed by the Board and shall cease to be liabilities or obligations of the Local Authority therein specified. A date declared pursuant to this subsection may be before or after the date of the making of the Order in Council or of its publication in the Gazette. (2) Upon the date declared by an Order made pursuant to subsection (1)- (a) the estate, right, title and interest in and to the property therein particularized shall by force of the order be divested from the Local Authority and be vested in the Board; (b) the Board shall by force of the Order be liable in respect of each of the liabilities and obligations therein particularized and the Local Authority shall by force of the Order cease to be liable in respect thereof and, where the case requires it, the Board and the Local Authority shall be deemed to have been so liable or, as the case may be, not to have been so liable on and from the date so declared. (3) Subject to the express provisions of the Order in Council made in relation to a transfer of property or of a liability or obligation from the Local Authority to the Board pursuant to this section, such a transfer shall not prejudice the making or enforcement, by the Local Authority against any person or by any person against the Local Authority, of any claim liquidated or unliquidated that arose or was made before the date declared by the Governor in Council for such transfer to take effect. (4) Where property (being a chose in action) or a liability or obligation transferred from the Local Authority to the Board pursuant to this section arises by reason of a contract or agreement made between the Local Authority and any person then for the purpose of enforcing by or against the Board such chose in action or liability or obligation it shall be deemed that such contract or agreement was made between the Board and that person. 6. Local Authority to aid Board in securing property . (1) Upon the request of the Board a Local Authority that is divested of property pursuant to section 5- (a) shall surrender to the Board or its agent such documents of title and documents evidencing ownership of the property as are in its possession or under its control; (b) shall duly complete all transfers of right, title or interest and other documents that are required by the Board with a view to its being recorded in any registry as proprietor, lessee or owner of the property; (c) shall do all such acts and take all such steps as are required by the Board with a view to securing the property to the' Board.

354 Gladstone Area Water Board Act 1975, No. 25 (2) Where property vested in the Board pursuant to section 3 consists of a chose in action the publication in the Gazette of the relevant Order in Council shall be sufficient notice to all persons of the passing of the property. 7. Rateability of land vested in Board . Where an estate or interest in land vests in the Board pursuant to section 5 or pursuant to any other acquisition by the Board- (a) the Board shall not in any case be taken to be the owner for the purpose of making and levying a rate in respect of that land; (b) if and only if that land is in the occupation of a person other than the Board shall it be rateable land within the meaning of the Local Government Act 1936-1974, in which case the person in occupation shall be taken to be the owner for the purpose of making and levying the rate. & Prescribed enactments inapplicable to dealings under this Act. (1) No stamp duty or other fees shall be chargeable upon the following documents:- (a) a notification evidencing an agreement between a Local Authority and the Board prepared for the purposes of section 4; (b) an instrument made to evidence the passing of an estate or interest in any land from a Local Authority to the Board pursuant to section 5 or to secure the transfer of a title to anli r y such land; (c) any document made in connexion with the passing of property or the transfer of liability or obligation from a Local Authority to the Board pursuant to section 5. (2) A passing of property from a Local Authority to the Board pursuant to section 5 is not a disposition of property in respect of which gift duty is payable. (3) The provisions of any Act or enactment that purport to restrict the capacity of a Local Authority or the Board to enter into contracts do not apply in respect of the making of an agreement between a Local Authority and the Board with a view to the passing of property or the transfer of liability pursuant to section 5. 9. Apportionment of liability. Where for the purposes of this Part it becomes necessary to apportion between a Local Authority and the Board any liability or obligation of the Local Authority such apportionment may be made and shall be sought by way of agreement between the Local Authority and the Board but should such agreement not be attained the Governor in Council may declare the apportionment of that liability considered by him to be just and thereupon- (a) the portion of that liability or obligation to be assumed by the Board shall be the portion so declared; and (b) if the case requires it, it shall be deemed that the notification furnished pursuant to section 4 particularizes such portion as the liability or obligation to be assumed by the Board.

Gladstone Area Water Board Act 1975, No. 25 355 PART III-DAM CATCHMENT CONTROL SCHEME 10. Board may prepare control scheme . (1) The Board may prepare a Dam Catchment Control Scheme for the preservation against pollution of catchment areas relative to the Board's undertaking and of water in any storage utilized in the Board's undertaking. (2) When the Board has decided to prepare a Dam Catchment Control Scheme it shall pass a resolution to that effect and in such resolution shall define the area it is proposed to include within the scheme. The Board shall cause a copy of the resolution and a map delineating the area so defined to be furnished as soon as is practicable to each Local Authority whose Area includes land proposed to be included in the scheme. Each such Local Authority may make to the Board such representations as it thinks desirable with respect to the scheme. All such representations shall be made within 30 days after the receipt by the Local Authority concerned of the copy resolution and map furnished to it pursuant to this subsection. The Board shall consider all such representations duly made to it and as soon as is practicable thereafter shall cause to be forwarded to the Minister- (a) a copy of the Board's resolution to prepare the scheme: (b) a map delineating the area defined by the resolution; (c) all representations duly made with respect to the scheme by Local Authorities; and (d) the Board's comments with respect to such representations. and shall apply for the Minister's approval of the preparation of the scheme. The Minister, having regard to the material furnished to him by the Board. may approve or disapprove of the Board's resolution or approve of the same subject to modifications. (3) Upon the Minister approving of the Board's resolution (with or without modifications) the Board shall publish notice of such approval in the Gazette and thereupon the Board may proceed to the Preparation of the scheme as approved. (4) Any act or thing done by or on behalf of the Board prior to the passing of ,his Act with a view, to the preparation of a Dam Catchment Control Scheme shall be taken to have been validly done and to have been done under and for the purposes of this Act. 11. Regulation of development pending scheme . (1) The Board may by .by-law made as prescribed regulate, control and prohibit the subdivision and use and manner of use of land within the area it is proposed to include within a Dam Catchment Control Scheme and the erection or use of buildings and structures on such land pending the coming into force of the scheme. (2) A by-law made by the Board with respect to any matter referred to in subsection (I) shall not be of any force or effect until the Minister has approved of the preparation of the Dam Catchment Control Scheme in connexion with which the by-law is made and shall not remain in force

356 Gladstone Area Water Board Act 1975, No. 25 for a period exceeding 12 months in the first instance but the Minister may from time to time by notice published in the Gazette approve that the by-law remain in force for a further period not exceeding six months at a time whereupon the by-law shall remain in force for such further period. (3) Where any provision of a by-law referred to in this section is inconsistent with any provision of a town planning scheme or by-law of a Local Authority that applies in relation to land within the area it is proposed to include within a Dam Catchment Control Scheme the provision of the former by-law shall prevail and the provision of the scheme or latter by-law (as the case may be) shall, to the extent of the inconsistency, have no force or effect. 12. Constituents of control scheme . A Dam Catchment Control Scheme shall consist of the following:- (a) maps and documents necessary to delineate the area (hereinafter in this Part called the catchment area) over which the provisions and specifications of the proposed scheme shall apply; (b) specifications of- (i) the purposes for which lands within the catchment area may be used and the intensity or degree to which and the manner in which a permitted use of land within the catchment area may be carried on; (ii) the classes and species of fertilizers, soil conditioners, weedicides, insecticides and like substances that may be used within the catchment area and the levels to which the use of any of such substances is permitted within the catchment area; (iii) the extent to which subdivision of land within the catchment area is permitted and, if it is permitted, the manner and incidents thereof. 13. Board shall advertise control scheme . (1) When a Dam Catchment Control Scheme has been prepared by the Board, and before application is made to the Minister for its approval by theGovernor in Council, the Board shall by advertisement published at least once in the Gazette and in a newspaper circulating generally within the area affected by the scheme give public notice- (a) of its intention to make the application; (b) that particulars, including the relevant map or maps, of the scheme are open to inspection by any person at the office of the Board on or before the date specified in the advertisement which date- (i) shall be a date not less than ninety days after the date of the publication of the advertisement in the Gazette or the said newspaper whichever last occurred or, where the advertisement is published in the Gazette or in a newspaper more than once, not less than ninety: days after the date of the first publication of the advertisement in the Gazette or said newspaper whichever last occurred; (ii) is in this section and in sections 14 and 15 called " the last day for the receipt of objections ";

Gladstone Area Water Board Act 1975, No. 25 . 357 (c) that a copy of such particulars, other than the relevant map or maps, of the scheme may be procured from the Board on or before the date specified in the advertisement in that behalf being the last day for the receipt of objections upon payment of such sum as the Board may fix by resolution but not exceeding the cost of printing or otherwise reproducing the copy, which sum shall be specified in the advertisement; (d) that objections to the scheme may be lodged with the Chairman of the Board in pursuance of the provisions of this paragraph on or before the date specified in the advertisement in that behalf being the last day for the receipt of objections. (2) The Board shall at all times during which its office is open for the transaction of public business keep open to inspection, as advertised under subsection (1), the scheme including the relevant map or maps. (3) Any person may at any time before the expiration of the last day for the receipt of objections request the Board to furnish him with a copy of the particulars of the scheme, other than the relevant map or maps of the scheme, on payment of the sum specified in the notice advertised under subsection (1), and the Board shall cause the copy of such particulars so requested by any person to be sent by post to that person forthwith upon receipt of the request by the Board except where the request is made personally by or on behalf of the person so requesting and a copy of such particulars has been then and there delivered to that person, or as the case may be, to the person making the request on his behalf. 14. Objections to control scheme . (1) Every objection to a Dam Catchment Control Scheme- (a) shall be in writing; (b) shall be addressed to the Chairman of the Board at the Board's office; and (c) shall state the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds. (2) The Board shall forthwith consider every objection made as prescribed by subsection (1) and lodged with the Chairman of the Board at the Board's office on or before the last day for the receipt of objections. 15. Control scheme to be approved by Governor in Coun c il. (1) Application by the Board for the approval of a Dam Catchment Control Scheme shall be made to the Minister within ninety days or, if the Minister who is hereby thereunto authorised allows a longer period, within the period allowed by the Minister after the last day for the receipt of pbjections. The application shall be accompanied by- (a) all objections made and lodged as aforesaid on or before the last day for the receipt of objections; (b) a copy of each advertisement published in accordance with section 13 with, in the case of publication in a newspaper the name of the newspaper and the date of publication and, in the case of publication in the Gazette, the date of publication, endorsed thereon;

358 Gladstone Area Water Board Act 11975, .No. 25 `,C) the representations by the Board in respect of all objections made and lodged as aforesaid; (d) the map or maps that relate to the scheme and- all particulars of the specifications that are a component of the scheme. (2) Having considered every application made to the Minister under subsection (1) and all objections and representations accompanying such application the Governor in Council may reject the application, or may approve of the application wholly or in part. (3) The Board shall make all such amendments to the scheme as the Governor in Council, having regard to the application and to the objections and representations which accompanied the application, may deem fit. (4) Where the Governor in Council approves of the scheme the Board shall publish in the Gazette notification of the Governor in Council's approval. Such notification shall include- (a) a description and delineation of the catchment area; (b) all particulars of the specifications that are a component of the scheme as so approved. The particulars of any specification may be expressed by reference to a use or activity that is prohibited, or by reference to a prohibition of a use or activity save and except as specified, or by reference to a use or activity that is permitted, or by reference to a permission of a use or activity save and except as specified. (5) Upon the publication of such notice the scheme shall become and be the Dam Catchment Control Scheme for the catchment area in question and shall have the force of law and be binding upon and obeyed by the Board and by all persons whomsoever accordingly. 16. Compliance with control scheme . A person shall not in a catchment area- (a) where the purposes for which land may be used in such catchment area are expressed by way of prohibition- (i) use land in such catchment area for or in connexion with a purpose so prohibited; (ii) erect or commence to erect a building or other structure on land in such catchment area for use for or in connexion with a purpose so prohibited; (iii) use a building or other structure on land in such catchment area for or in connexion with a purpose so prohibited; or (b) where the purposes for which land may be used in such catchment area are expressed by way of permission- (1) use land in such catchment area for or in connexion with a purpose other than a purpose so permitted; (ii) erect or commence to erect a building or other structure on land in such catchment area for use for or in connexion with a purpose other than a purpose so permitted; or (iii) use a building or other structure on land in such catchment area for or in connexion with a purpose other than a purpose so permitted; or

Gladstone Area Water Board Act 1975, No. 25 359 (c) use land within the catchment area or use on or in respect of land within the catchment area any fertilizer, soil conditioner, weedicide, insecticide or like substance, or indulge in any activity in breach of a specification that is a component of the Dam Catchment Control Scheme. 17. Administration and enforcement of control scheme . (1) The Board shall administer, implement and enforce the Dam Catchment Control Scheme. The Board -may make as prescribed such .by-laws as, in its opinion, are necessary or convenient to implement the scheme and to provide for, regulate and control the administration and execution of the scheme. (2) A person who commits an offence defined in section 16 is liable to a penalty of $1 000-and where the offence is one of a continuing nature or is one committed on successive days- (a) is liable in addition to a penalty of $100 per day while the offence continues or on which it is committed; and (b) may be charged with the offence from time to time in respect of a specified period save that he shall not be punished more than once in respect of the same period or any part thereof. (3) Notwithstanding the provisions of any other Act or of any town planning scheme or by-law of a Local Authority that applies in relation to land in the catchment area, where application is made to a Local Authority to zone or rezone for a particular purpose land in the catchment area or for a permit to apply land in the catchment area to a particular use or to subdivide such land the Local Authority shall refer such application to the Board before it proceeds to determine the application and shall not approve of the application unless the Board has first approved of the application. An approval by a Local Authority of an application to which the preceding paragraph applies, which approval is given otherwise than as prescribed by that paragraph, shall be of no force or effect. This subsection applies to an application referred to made in respect of land to which a by-law of the Board applies pending the coming into operation of a Dam Catchment Control Scheme that includes such land as if such land were part of the catchment area relative to that scheme. (4) Where any provision of the Dam Catchment Control Scheme is inconsistent with any provision of a town planning scheme or by-law of a Local Authority that applies in relation to land within the catchment area the provision of the former scheme shall prevail and the provision of the latter scheme or by-law (as the case may be) shall, to the extent of the inconsistency, have no force or effect. 18. Board may require work to be done. (1) Where, in the opinion of the Board, the successful implementation of a Dam Catchment Control Scheme- (a) is likely to be prejudiced by anything done or omitted to be done by any person in breach of a specification that is a component of the scheme or of a by-law that relates to the subject-matter of such a specification; or

360 Gladstone Area Water Board Act 1975, No. 25 (b) requires the erection, completion, maintenance or demolition of any building, structure or works or the doing of any work in any case within the catchment area, the Board may cause notice requiring the remedying of the breach or requiring the carrying out of the erection, completion,. maintenance or demolition or, as the case may be, the doing of the work to be given- (c) where the notice is given on account of a breach of a specification or by-law aforesaid, to the person who is committing or has committed the breach; (d) where the notice is given on account of _a likely prejudice aforesaid that arises from the actual use of any land, building, structure or works, to the owner or occupier thereof, as the Board thinks fit; (e) where the notice is given on account of a likely prejudice aforesaid that arises from any circumstance other than that referred to in provision (d), to the owner of any land, building, structure or works with which the notice is concerned. (2) A notice given under subsection (1)- (a) may be given on account of a breach of a specification that is a component of a Dam Catchment Control Scheme or of a by-law that relates to the subject-matter of such a specification whether or not proceedings have been taken against any person for a breach of that specification: and (b) shall specify a date or time by or within which the notice shall be complied with. 19. Register of notices . (1) The Board shall make and keep a register of all notices given under section 18. (2) Such register- (a) shall show in respect of each such notice its purpose, the date on which it was given, the real property description of the land in respect of which it was given, the name and address of the person to whom the notice was given and the extent to which the requirements of the notice have been satisfied; (b) shall be kept at the Board's office and shall be kept open for inspection at all times during which the office is open fdr the transaction of public business. 20. Objection to notice under s. 18. (1) A person to whom a notice is given under section 18 (1) may object to the issue of the notice by writing addressed to and duly given to the Co-ordinator-General except where such person has been convicted in respect of the breach of a specification that is a component of the Dam Catchment Control Scheme on account of which breach the notice is given. An objection shall be taken to be duly given to the Co-ordinator- General if the writing aforesaid states the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds and is received by the Co-ordinator-General within 30 days after the notice to which the objection relates was received by the objector and not thereafter.

Gladstone Area Water Board Act 1975, No. 25 361 (2) The Co-ordinator-General or a person appointed by him for the purpose (in this section referred to as " the delegate ") shall enquire into the matter of the issue of the notice and for the purpose of such inquiry the Co-ordinator-General or the delegate , as the case may be, may summon witnesses , administer oaths and take evidence as he considers necessary or desirable to enable him to hear and determine the matter of the objection. An inquiry conducted for the purposes of this section may be held without regard to legal forms and the rules of evidence and may be determined by reference to the best evidence available. The procedure of such an inquiry shall be as prescribed by the regulations or, in so far as the same is not prescribed, as is directed by the Co-ordinator-General or the delegate who is conducting the inquiry. (3) Where the objection is made by a person other than a statutory authority the Co-ordinator-General or the delegate, as the case may be, shall determine the objection and, by his determination and order, may- (a) confirm the notice; (b) direct the Board to withdrayv the notice; (c) vary the notice in such manner as he thinks fit; or (d) suspend the operation of the notice for such period as he thinks fit. The determination and order of the Co-ordinator-General or the delegate shall be final and binding on the Board and on the objector and all other persons to whom the notice was given. (4) Where the objection is made by a statutory authority the Co-ordinator-General or the delegate, as the case may be, shall not determine the objection but shall refer the matter of its determination to the Governor in Council together with his recommendation with respect thereto and the Governor in Council, having regard to such recommendation, shall determine the objection and may make such order therein as he thinks fit as- if he were exercising the power of the Co-ordinator-General or the delegate , as the case may be, conferred by subsection (3). The determination and order of the Governor in Council shall be final and binding on the Board and on the objector. 21. Effect of objecdon m s . ' 20 and order thereon . (1) Where upon the determination of an objection made under section 20- (a) the notice issued by the Board is varied the notice as so varied shall be deemed to be the notice given by the Board ; (b) the notice given by the Board is suspended for any period the notice shall have no force or effect until the expiration of the period of suspension. (2) Where an objection is duly made to a notice given by the Board the power conferred on the Board by section 22 is suspended pending the determination of the objection and the making of an order therein and for any period during which the notice in question has no force or effect. 22. Board may do work to comply with notice i der s . 18. (1) If a notice given under section 18 (1) is not complied with to the satisfaction of the Board by the date or within the time specified in the notice or, 13

362 Gladstone area Water Board Act 1975, No. 25 where that date or time has been varied by a determination of an objection duly made' to the notice, by the date or within the time as so varied, the Board may by its agents enter upon any land, building, structure or works with which the notice is concerned (and upon any land on which such building , structure or works is situated ) and therein or thereon cause to be carried out such work as is necessary or desirable to comply with the notice. - (2) Where by reason of the Board's causing work to be carried out to comply with a notice given under section,18 (1) there results any quantity of material or severed vegetation or crops the Board may by its agents seize and remove the same and, if it thinks fit, sell or otherwise dispose of the same in such manner as it thinks fit. 23. Expennes of Board in enforcing notice . All expenses incurred by the Board in exercising any power conferred on it by section 22 including the costs of any sale made by or for the Board or the balance of such expenses and costs after allowing for the proceeds of any such sale may be recovered from any person to whom the material notice was given under section 18 (1) by action in a court of competent jurisdiction for a debt due and owing to the Board by such person. If the proceeds of such a sale are more than sufficient to defray such expenses and costs the Board shall pay the surplus proceeds to the person who appears to the Board to be entitled thereto. 24. Notice under s. 18 runs with land etc. A person who becomes owner or occupier of any land, building, structure or works in respect of which a notice has been given under section 18 (1) to a previous owner or occupier shall, if the notice has not been complied with to the satisfaction of the Board, be deemed to have been duly given such notice on the date on which it was given to such previous owner or occupier. 25. Stagy obligation of recipient of notice under s. 18. (1) A person to whom a notice is duly given under section 18 (1) or who is deemed to have been duly given such a notice shall comply in all respects with such notice unless- (a) ,it has been withdrawn; or (b) it has, for the, time being, no force or effect. (2) If a person who becomes owner or occupier of any land, building, structure or works cannot comply with a notice given under section 18 (1) by reason that the time limited for such compliance had expired when he became such owner or occupier he shall comply with the notice within a time nominated by the Board if the Board in its discretion chooses to nominate a time. 26. Boar d and its agnate not liable is damages . Where the Board enters by its agents upon any land, building, structure or works and therein or thereon causes work to be carried out in the exercise of a power conferred on it by this Act neither the Board nor any of its agents shall be liable on account of damage occasioned to the owner or occupier of the land, building, structure or works by reason of the carrying out of such work.

Gladstone Area Water Board Act 1975, No. 25 363 27. Anwadment of control she. (1) The Board may at any time and from time to time of its own motion or on the application of any person affected by the scheme make application to the Minister for amendment of a Dam Catchment Control Scheme. (2) Before making any such application the Board shall, by advertisement published at least once in the Gazette and in a newspaper circulating generally within the area affected by the scheme, give public notice- (a) of its intention to make the application; (b) that particulars, including the relevant map or maps (if any) of the amendments to the scheme for which the Board proposes to apply are open to inspection by any person at the office of the Board on or before the date specified in the advertisement which date- (i) shall be a date not less than thirty days after the date of the publication of the advertisement in the Gazette or in the said newspaper whichever last occurred or, where the advertisement is published in the Gazette or in a newspaper more than once, not less than thirty days after the date of the first publication of the advertisement in the Gazette or in the said newspaper whichever last occurred; (ii) is in this section and sections 28 and 29 called " the last day for the receipt of objections "; (c) that a copy of such particulars, other than the relevant map or maps (if any) may be procured from the Board on or before the date specified in the advertisement in that behalf being the last day for the receipt of objections upon payment of such sum as the Board may fix by resolution but not exceeding the cost of printing or otherwise reproducing the copy, which sum shall be specified in the advertisement; and (d) that objections to such proposals may be lodged with the chairman of the Board on or before the date specified in the advertisement in that behalf being the last day for the receipt of objections. (3) The Board shall at all times during which its office is open for the transaction of public business keep open to inspection, as advertised under subsection (2), particulars including the relevant map or maps (if any) of the amendments to the scheme for which it proposes to apply. (4) Any person may at any time before the expiration of the last day for the receipt of objections request the Board to furnish him with a copy of the particulars of the amendments to the scheme for which the Board proposes to apply, other than the relevant map or maps (if any) on payment of the sum specified in the notice advertised under subsection (2), and the Board shall cause the copy of such patriculars so requested by any person to be sent by post to that person forthwith upon receipt of the request by the Board except where the request is made personally by or on behalf of the person so requesting and a copy of such particulars has been then and there delivered to that person or, as the case may be, to the person making the request on his behalf.

364 Gladstone Area Water Board Act 1975, No. 25 28. Obj ections to amendment of control scheme . (1) Every objection to an amendment of a Dam Catchment Control Scheme- (a) shall be in writing; (b) shall be addressed to the Chairman of the Board; and (c) shall state the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds. (2) The Board shall forthwith consider every objection made as prescribed by subsection (1) and lodged with the Chairman of the Board on or before the last day for the receipt of objections. 29. Amendment to be approved by Governor in Council. (1) Any application by the Board to the Minister for amendment of the scheme shall be made to the Minister within ninety days or, if the Minister (who is hereby thereunto authorised) allows a longer period, within the period allowed by the Minister after the last day for the receipt of objections. The application shall be accompanied by- (a) a statement of the grounds on which the application is made and the facts and circumstances that are material to the application; (b) a copy of each advertisement published in accordance with section 27 with, in the case of publication in a newspaper, the name of the newspaper and the date of publication and, in the case of publication in the Gazette, the date of publication, endorsed thereon; (c) all objections made and lodged as aforesaid on or before the last day for the receipt of objections; (d) the representations by the Board in respect of all objections made and lodged as aforesaid; (e) particulars including the relevant map or maps (if any) of the amendment. (2) Having considered every application made to the Minister under this section and all objections and representations accompanying such application the Governor in Council may reject the application, or may approve the application wholly or in part. (3) The Board shall make all such amendments to the scheme as the Governor in Council , having regard to the application and to the objections and representations which accompanied the application , may deem fit. (4) Where the Governor in Council approves of any amendment of the scheme applied for by the Board , the Board shall publish in the Gazette notification of the Governor in Council ' s approval. Such notification shall describe and identify every amendment of the scheme thereby notified. Upon the publication of such notice the scheme as amended thereby for the time being shall become and be the Dam Catchment Control Scheme for the catchment area defined and, shall have the force of law and be binding upon and obeyed by the . Board and all persons whomsoever accordingly.

Gladstone Area Water Board Act 1975, No. 25 365 30. Control scbeme open to inspection. The Board shall at all times during which its office is open for the transaction of public business keep open to inspection at its office a copy of the Dam Catchment Control Scheme as in force for the time being. In this section the expression " a copy of the dam catchment control scheme " includes- (a) a copy of this section; (b) a copy of the notification whereby the approval of the Governor in Council of the scheme was notified in the Gazette;' (c) a copy of every notification whereby the approval of any amendment of the scheme was notified in the Gazette; and (d) all particulars of the specifications that are a component of the scheme and all scheme maps. 31. Compensation for in jurious affection . Subject to the following provisions of this Part a person wt ise estate or interest in land included within a catchment area is injuriously affected by the Dam Catchment Control Scheme shall be entitled to obtain from the Board compensation in respect of such injurious affection. 32. Compen s ation not payable in certain cases . (1) Compensation shall not be payable in the following cases: (a) in respect of- (i) a building or other structure erected or work done on land within a catchment area; or (ii) a contract made or other act done in respect of land within a catchment area, unless, where so required by law, the erection of the building or other structure, the making of the contract or the doing of the work or other act was, at the material time, permitted in accordance with that law; (b) in respect of injurious affection caused by reason of a provision of a Dam Catchment Control Scheme if an identical provision or a provision substantially to the same effect was already in force in relation to the land in question by virtue of any Act or enactment or by-law of a Local Authority when the provision of the scheme came into operation in relation to that land; (c) in respect of injurious affection caused by reason of a provision of a Dam Catchment Control Scheme that prohibits or restricts the use or the manner of use of land or the erection or use of a building or other structure thereon for a particular purpose unless the applicant establishes that- (i) he was lawfully entitled to use the land or to erect or use the building or other structure thereon for the particular purpose or in the manner prohibited or restricted by the provision of the scheme; and (ii) in the case of a use of land, a building or other structure, he did in fact use the land, building or other structure for the particular purpose or in the manner prohibited or restricted by the provision of the scheme

366 Giadstcne Area Water Board At 19?5, 1Vo. 25 immediately before the coming into operation in relation to the land in question of the provision of the scheme or. where the Board has made a by-law that prohibited or restricted the use or manner of use in question pending the coming into operation of a Dam Catchment Control Scheme, immediately before the coming into operation of the by-law. (d) in respect of anything done in breach of a Dam Catchment Control Scheme; (e) in respect of injurious affection caused by'reason of a provision of a Dam Catchment Control Scheme whereby subdivision of the land in question is prohibited or restricted. (2) Save where it is otherwise prescribed in subsection (1), the onus of proving that compensation is not payable in any case referred to in that subsection lies on the Board. 33. Claim for co m pensation . (1) A person who wishes to claim compensation on account of injurious affection caused by a Dam Catchment Control Scheme shall complete and sign the form prescribed for the purpose by by-law of the Board and shall lodge the same with the Board. (2) A claim may be made at any time within six years after the claim arose and not later and shall be deemed to have been made on the date on which it is received by the Board. (3) The Board shall not be obliged to consider a claim until all information reasonably required by the claim form to be supplied has been supplied by the claimant. (4) If, within 40 days after a claim is duly made- (a) the Board has not made a decision on the claim; or (b) having made a decision on the claim, the Board has not communicated its decision to the claimant; or (c) having made a decision on the claim, the Board has communicated its decision to the claimant and the claimant is not satisfied with the decision, the claimant may appeal to The Local Government Court, which hereby has conferred on it jurisdiction to hear and determine the claim. 34. Rules for assessing compensation . (1) Compensation in respect of injurious affection caused by a Dam Catchment Control Scheme shall be assessed in accordance with the following rules:- (a) the amount of compensation shall be a sum equal to the difference between the market value of the estate or interest in respect of which the claim for compensation is made immediately after the coming into operation of the provision of the scheme by reason whereof the claim for compensation arose and what would have been the market value of that estate or interest if such provision had not come into operation: (b) there shall be taken into account any modification of the injurious affection that may be effected in consonance with the scheme;

Gladstone Area Water Board Act 1975, No. 25 367 (c) there shall be taken into account any benefit which may accrue to any land adjacent to the land to which the claim relates in which the claimant has an estate or interest- (i) by reason of the coming into operation of the provision in question or any other provision of the scheme; or (ii) by reason of the construction or improvement by the Board on such adjacent land of any work or service in pursuance of the provisions of the scheme; (iii) by reason of the undertaking by the Board of any works in connexion with the Board's undertaking; (d) if the land in respect of which. compensation is claimed has, since the date upon which the scheme came into operation, become or ceased to be separate from other land, the amount of compensation shall not be enhanced by reason of its having become or having ceased to be separate from other land. (2) Where a claim for compensation on account of injurious affection is made the Board may at its option, but with the prior approval of the Governor in Council, take the land instead of paying compensation. 35. No claim for compensation save under this Part . Save as is provided in this Part, a person shall not be entitled to compensation on account of injurious affection of an estate or interest in any land by reason of any provision o a Dam Catchment Control Scheme or any amendment thereof or by reason of any by-law of the Board made to apply pending the coming into operation of a Dam Catchment Control Scheme. PART IV-GENERAL PROVISIONS 36. Board to control water storage . (11) The Board shall have control of the water in any storage utilized in the Board's undertaking and control or the use that may be made of the water therein from time to time. (2) The power of the Board to control the extraction and use for rural, industrial or domestic purposes of water from any storage in the Board's control shall be to the exclusion of any other person or authority. ( 't The power of the Board to contro', the use for any recreation purpose of water in any storage in the Board's control shall be additional to that of any other person or authority charged with control of such water. Where a by-law of the Board is inconsistent with a regulation, by-law or rule administered by any other person or authority in respect of the use of water in any storage in the Board's control the former shall prevail and the latter shall, to the extent of the inconsistency have no force or effect. 37. By- laws of Board . (I) The Board, with the. approval of the Governor in Council, may make in the prescribed manner by-laws- (a) to regulate the extraction and use of water in the Board's control: (b) to regulate the use that may be made of land owned by the Board or under its control abutting on or adjacent to any water storage in the Board's control.:

368 Gladstone Area Water Board Act 1975, No. 25 (Sc) to preserve water in the Board's control from pollution in any form and from erosion of its banks; (d) to remedy any pollution of water in the Board's control and any erosion of its banks; (e) to provide for a penalty (including forfeiture) to be incurred in respect of any breach of the Board's by-laws; (f) to provide for protection of the Board's property from trespass and damage; (g) to provide for any matter which, pursuant to this Act, may be prescribed by by-law of the Board; _ (h) to provide for such matters as, in the opinion- of the Board, are necessary or desirable for the proper and efficient conduct of the Board's undertaking. (2) For the purposes of the Board's by-laws- (a) the Board may, in the exercise of its power to regulate, prohibit any act or activity; (b) any water storage in the control of the Board may be notionally divided into areas and any use of water therein may be regulated in respect of any specified area; (c) a monetary penalty for a breach of the by-laws, when expressed as a lump sum, shall not exceed $1 000 and, when expressed as a daily penalty, shall not exceed $100 per day. 38. Mam er of malciag by-laws; not ificatiom of by-laws. (1) Every resolution making a by-law shall be passed at a special meeting of the Board called for the purpose. (2) After the passing of a resolution making a by-law a copy of the by-law shall be kept available for public inspection at the Board's office until the expiration of the time specified in accordance with subsection (3). (3) As soon as is practicable after the passing of a resolution making a by-law t1 Board shall cause to be published at least once in a newspaper circulating generally within the district in which the by-law is intended to operate a notice-- (a) of the general purport of the by-law; (b) that a copy of the by-law is available for inspection by any person at the Board ' s office up to and including a date specified in the notice being a date not less than 21 days after the publication or, where the notice is published more than once, after the first publication of the notice in the newspaper; (c) that a copy of the by-law may be procured from the Board on or before the date so specified upon payment of a sum fixed by resolution of the Board but not exceeding the cost of printing or otherwise reproducing the copy , which sum shall be specified in the notice; (d) that objections to the making of the by-law may be lodged with the Board at its office on or before the date so specified and that any such objection shall be in writing and shall state the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds.

Gladstone Area Water Board Act 1975, No. 25 369 (4) A person- (a) who wishes to object to the making of a by-law may do so by lodging his objection at the Board's- office in accordance with the notice published under subsection (3) and not otherwise; (b) is entitled to procure from the Board a copy of a by-law kept available for public inspection at the Board's office upon tender of the sum specified for that purpose in the notice published under subsection (3). (5) The Board shall consider every objection duly made to the making of a by-law and if thereupon it resolves to proceed with the making of the by-law it shall cause to be forwarded to the Minister for submission to the Governor in Council- . (a) a copy of the Board's resolution to make the by-law; (b) a copy of the by-law proposed to be made; (c) a copy of the notice published under subsection (3); (d) all objections duly made to the making of the by-law; (e) the representations of the Board in respect of all such objections; and (f) a certificate under the hand of the Chairman of the Board that the requirements of this section have been complied with in connexion with the making of the by-law in question. (6) The Governor in Council may approve or reject a by-law of the Board submitted to him or may approve of the by-law subject to such amendments as he thinks fit having regard to the objects of the by-law and to the objections to the by-law and representations of the Board in respect of the objections. Where the requirements of this section have been complied with in connexion with the making of a by- law that is approved by the Governor in Council subject to amendments it shall be deemed that the by-law as so amended is the by-law duly made by the Board. 39. Publication and operation of by -law. Every by-law of the Board that is approved by the Governor in Council- (a)'shall be published in the Gazette and thereupon its due making and the matters contained therein shall be judicially noticed; (b) shall take effect on and from a date appointed therein for the purpose (which date shall be a date after the by-law's publication in the Gazette) or, where a date is not so appointed, on and from the date of its publication in the Gazette; (c) shall, upon its taking effect, have the force of law. 40. Regulations . The Governor in Council may make regulations with respect to the management by the Board of its financial affairs and, in particular, to provide for the accounts and the books of account to be kept by the Board and the requirement of a periodic audit of the accounts of the Board and to provide for any matter required or permitted by this Act to be prescribed and for which no other mode of prescription is provided, and to provide for all matters, which he considers to be necessary or desirable for the proper administration of this Act or to achieve the objects and purposes of this Act.

t-; 'ad. lone Area W:. rer Boaru : j cr i s 41. Proceedings for offence. ( 1) A person who contravenes or fails to comply with a provision of this Act commits an offence . against this Act and, save where some other penalty is expressly provided , is liahle to a penalty of $1000. (2) Proceedings in respect of an offence against this Act shall be taken summarily under the Justus Act 1586 - 1974 on the complaint of the Board or of a person authorized in that behalf ( generally or in a particular case ) by the Board. (3) It shall not be necessary to prove the authority of a complainant to take proceedings in respect of an offence.