Gold Coast Waterways Authority Act Amendment Act 1980 (Qld)

77 5 Qlupmsfilu^ ANNO VICESIMO NONO ELIZABETHAE SECUNDAE REGINAE No. 44 of 1980 An Act to amend the Gold Coast Waterways Authority Act1979 in certain particulars [ASSENTED TO 6TH JUNE, 1980]

776 Gold Coast Waterirai•s Authority Act Amendment Act 1980, No. 44 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:- 1. Short title and citation . (1) This Act may be cited as the Gold Coast Waterways Authority Act Amendment Act 1980. (2) The Gold Coast Watern•ars Authority Act 1979 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Gold Coast Waterways Authority Art 1979-1980. 2. Amendment of s. 5. Section 5 of the Principal Act is amended by- (a) in subsection (2), inserting after the words " (where it so provides), of " the expression " taking,"; (b) adding at the end of the section the following subsection:- (4) The Minister may issue directions to the Authority on matters of policy and the exercise of its powers and functions and the Authority shall observe and carry out the directions so given.". 3. New s. 12A. The Principal Act is amended by inserting after section 12 the following section:- 12A. Maintenance ^of superannuation scheme. The Authority may with the approval of the Governor in Council- (a) institute and maintain any scheme or schemes; (b) amend any scheme or schemes (whether instituted before or after the commencement of the Gold Coast Waterways Authority Act Amendment Act 1980), for the provision of superannuation benefits to its officers and employees and to that end may provide in such manner as it thinks fit for the establishment and maintenance of such funds as it considers necessary or desirable and may contribute to such funds: Provided that it shall not be necessary for the Authority to obtain the approval of the Governor in Council to maintain any scheme or schemes instituted by it before the commencement of the Gold Coast Waterways Authority Act Amendment Act 1980.". 4. New s. 21A. The Principal Act is amended by inserting after section 21 the following section:- "2]A. Additional power of Authority with respect to land. (I) The Authority, when authorized so to do by the Governor in Council by Order in Council made in accordance with section 91 of the Harbours Act 1955-1980, may reclaim from the Waterways land lying below high water mark for the purpose of rendering such land fit for harbour, manufacturing, industrial, residential, business purposes, and any other purposes specified in the Order in Council that authorizes the reclamation, or for any of such purposes. A reclamation may be carried out under this subsection whether or not the same is carried out in conjunction with a scheme for the improvement or maintenance of the Waterways.

Gold Coast Waterways Authority Act Amendment Act 1980, No. 44 777 (2) Land reclaimed by the Authority under subsection (1) shall be dealt with by the Governor in Council in accordance with section 94 of the Harbours Act 1955-1980. (3) Land reclaimed by the Authority shall become and be part of the Area of the Local Authority whose Area abuts on the land reclaimed and if in any case more than one such Area so abuts or no such Area so abuts the reclaimed land shall become and be part of such Area, or shall be apportioned between or among such Areas, as the Governor in Council by Order in Council directs. (4) Without prejudice to any other power conferred on the Authority by this Act or the Harbours Act 1955-1980 to acquire land or any interest in land, the Authority may acquire by purchase, lease, or otherwise by agreement land or any interest in land, whether above or below high water mark, for the purpose of including that land together with other land in a scheme for reclaiming and rendering fit that other land for the purposes referred to in subsection (1), or any of them. Nothing in this subsection or in any other provision of this Act shall be construed to authorize the Authority to take land or any interest in land otherwise than by agreement for the purpose specified in the preceding paragraph. The power to acquire an interest in land conferred by this subsection includes power to acquire for the purposes aforesaid an easement in or over land whether or not the easement is to be acquired for the benefit of other land as a dominant tenement and includes power to acquire for the purposes aforesaid any right in respect of any land. (5) If the acquisition of particular land by the Authority from any owner will result in the severance of that land from other land of the owner that, immediately before the acquisition, is being used with the land to be acquired, then, subject to the Minister's approval being first had and obtained, the Authority may acquire in manner prescribed by subsection (4) the whole or any part of that other land. The acquisition of such other land or part thereof shall be deemed to be for a purpose incidental to the purpose for which the particular land (first-mentioned in this subsection) is to be acquired. (6) Where additional land acquired by the Authority under subsection (5) or any part of such additional land is not required by the Authority the land that is not so required may be sold or otherwise dealt with by the Authority as it thinks fit, without restriction imposed by any other Act. (7) If land or an interest in land sought to be acquired by the Authority is to be applied to any purpose in conjunction with land to be reclaimed by the Authority it shall be competent to the Authority to acquire such land or interest before the Governor in Council authorizes the Authority to carry out the reclamation. (8) The Authority may do all things necessary to develop land reclaimed or acquired by it under this section and if, to that end, it seeks to open any new road or subdivide any land it shall comply with section

778 Gold Coast Waterways Authority Act Amendment Act 1980, No. 44 34 of the Local Government Act 1936 - 1980 and with the Canals Act1958-1979.". 5. Amendment of s. 51. Section 51 of the Principal Act is amended by inserting at the end thereof the following subsection- " (6) Whenever it appears to, or comes to the knowledge of, the Authority that any money or property of or received by the Authority is stolen or not accounted for, the Authority shall forthwith give notice thereof to the Auditor-General and to a member of the Police Force of Queensland of the rank of sergeant of police or of higher rank. The Authority shall not- (a) abstain from, discontinue or delay a prosecution for an offence under the laws of this State in relation to any money or property of or received by the Authority which is stolen or not accounted for; (b) withhold or promise to withhold, abstain from, discontinue or delay any evidence for the purposes of such a prosecution.". 6. Amendment of s. 72. Section 72 of the Principal Act is amended by, in subsection (2)- (a) inserting after the words " harbour lands " the words " (unless in respect of particular pieces or parcels of such land the Governor in Council declares that they are not to be deemed to be harbour lands)". (b) adding the following paragraph:-- Where the Governor in Council makes a declaration under this subsection the provisions of section 66 of the Harbours Act 1955-1980 shall not apply to the particular pieces or parcels of land referred to in the declaration.". 7. Amendment of s. 73. Section 73 of the Principal Act is amended by, in subsection (2), omitting the words " The further " and substituting the words " Subject to section 72 (2), the further ".