Gogeldrie Weir and Main Diversion Canals Act 1957 (NSW)

GOGELDRIE WEIR AND MAIN DIVERSION CANALS

ACT.

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Act No. 44, 1957.

An Act to sanction and to provide for the con­ struction of a weir in a bend of the Murrum- bidgee River at Gogeldrie, two main diversion canals offtaking from near the weir to the north and south respectively, levee banks and works incidental thereto; to amend the Public Works Act, 1912, as amended by subsequent Acts, in certain respects; and for purposes connected therewith. [Assented to, 28th November, 1957.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis­	lative Council and Legislative Assembly of New South
Wales in Parl iament assembled, and by the author i ty of the same, as follows :—

This Act may be cited as the "Goge ld r i e We i r and Main Divers ion Canals Act, 1957" .

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2.	(1)	(a) The c a r r y i n g out of the work described in
Commission is empowered to ca r ry out the said work, and shall be the Const ruct ing Au tho r i t y for the same within the meaning of the said Act, as so amended, and shall enter into such contracts and take all such necessary s teps for the p rope r execution thereof as such Au thor i ty may think p roper .	(d)

the Schedule to this Act is hereby sanctioned.

(b) The said work shall be deemed to be an author ised work within the meaning of the Publ ic W o r k s Act, 1912, as amended by subsequent Acts .

(c) The W a t e r Conservat ion and I r r i g a t i o n

(d) The provis ions of the Public Works Act, 1912, as amended by subsequent Acts , sections th i r ty- four, thirty-five, thir ty-s ix and thi r ty-seven excepted, shall app ly to and in respect of the said work.

(2) Wi thou t prejudice to the genera l i ty of sub­ section one of this section the provis ions of section thir ty-eight of the Publ ic W o r k s Act, 1912, as amended by subsequent Acts , shall apply to and in respect of any contracts re fe r red to in p a r a g r a p h (c) of subsection one of this section.

3. The plan of the said work is the p lan marked " P r o p o s e d Diversion W o r k s near Goge ldr ie" , sealed

wi th the Seal of the W a t e r Conservat ion and I r r i g a t i o n Commission, and deposi ted in the head office of the said Commission and catalogued No. 145/122.

The cost of ca r ry ing out the said work is es t imated a t two million pounds and such es t imated cost shall not, under any circumstances , be exceeded by more t han ten

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pe r centum.

5. F o r the purposes of this Act, bu t not otherwise, the following amendments shall be made in the Publ ic W o r k s Act, 1912, as amended by subsequent Acts , t ha t is to s ay :—

(a)	section ninety-eight is amended by inserting in
subsection three before the words " p u b l i c
w o r k s " the words " a u t h o r i s e d works o r " ;
(b)	section one hundred and twenty-six is amended by inser t ing a t the end of subsection two the
following p rov i so :—
Prov ided tha t such in teres t shall not be pa id for any per iod du r ing which delay in fixing the amount of compensat ion or in complet ing ti t le has been caused without reasonable excuse by the act or default of the person to whom such compensat ion is payable .

S C H E D U L E .

SCHEDULE. s

(1) The construction of—

(a)	a concrete and steel weir with steel control gates to be constructed in a bend of the Murrurnbidgee River about 4J miles south of Gogeldrie Railway Station, together with works incidental thereto and other works necessary for the diversion of a supply of water;
(b)	an earthen block dam in the Murrurnbidgee River adjacent to the weir referred to in subparagraph (a) ;
(c)	a northern diversion canal approximately 15 miles long and a southern diversion canal approximately 10 miles long, both offtaking from near the weir referred to in sub- paragraph (a), both to be earthen canals with offtakes, regulators, bridges, flumes, subways and other associated subsidiary works necessary for the supply and distribution of water for irrigation, stock and domestic purposes;
(d)	flood protection levees consisting of earthen banks placed across natural depressions south of the Murrurnbidgee River.

(2) The whole of the works hereinbefore described shall be subject to such modifications as may be deemed desirable by the Constructing Authority.