Hunter Valley Flood Mitigation Act 1956 Hunter Valley Flood Mitigation Regulation 1992 (1992-505) [GG No 110 of 1.9.1992] (NSW)

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1992—No. 505

HUNTER VALLEY FLOOD MITIGATION ACT 1956—

REGULATION

(Hunter Valley Flood Mitigation Regulation 1992)

NEW SOUTH WALES

[Published in Gazette No. 110 of 1 September 1992]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Hunter Valley Flood Mitigation Act 1956, has been pleased to make the Regulation set forth hereunder.

I. R. CAUSLEY,

Minister for Natural Resources.

Citation

1. This Regulation may be cited as the Hunter Valley Flood Mitigation

Regulation 1992.

Commencement

2. This Regulation commences on 1st September, 1992.

Definitions

3. In this Regulation:
“Departmental Plan” means the Department of Water Resources
Plan No. 20/2551, a copy of which is deposited in the head office of the Department;
‘‘the Act” means the Hunter Valley Flood Mitigation Act 1956.

Definition of ‘‘Hunter Valley”

4. The land shown by cross-hatched edging on the Departmental Plan is prescribed for the purposes of the definition of “Hunter Valley” in section 2 (1) of the Act.

1992—No. 505

Portions of Hunter Valley for which Minister for Public Works is
Constructing Authority

5. The portions of the Hunter Valley in respect of which the Minister for Public Works is to be the Constructing Authority as referred to in section 2 (2) (a) of the Act are the portions shown by hatched or cross-hatched edging on the Departmental Plan.

Statement of particulars of programme of works
6. The additional particulars to be set forth in a statement under section 40 (4) of the Act are as follows:

(a)	an estimate of the cost to be incurred during the financial year to which the statement relates in respect of each work included in the programme of works referred to in section 40 (3) of the Act;
(b)	an estimate of the amount of any compensation payable or likely to become payable during that financial year as a consequence of the undertaking of each such work;
(c)	an estimate of the cost of maintenance work in respect of works previously completed that the Constructing Authority considers should be carried out during that financial year;
(d)	an estimate of the amount of any compensation (other than compensation in respect of the works referred to in paragraph (a)) payable or to become payable by the Constructing Authority during that financial year;
(e)	an estimate of the amount of any contribution likely to be made by the Constructing Authority during that financial year under section 39 (4) of the Act;
(f)	the percentage of the cost of the construction, carrying out and maintenance of any of the works referred to in paragraph (a), and of the amount of compensation payable or likely to become payable by the Constructing Authority as a consequence of the construction, carrying out and maintenance of such work, that a council will be required to contribute under section 38 of the Act;
(g)	an estimate of the amount of any payments that a council will be required to make during that financial year under section 42 (4) of the Act;

1992—No. 505

(h) an estimate of the amount of any contribution that is likely to be received during that financial year under section 39 (2) of the Act from a Department of the Government, statutory body or council in respect of any work referred to in paragraph (a);
(i) the amount (if any) of any payment made by the Trust under section 40 (1) of the Act during the previous financial year which remained unexpended at the close of that year.

Statement of cost of maintenance and compensation

7. The additional particulars to be set forth in a statement under

section 43 (2) of the Act are as follows:

(a)

an estimate of the cost of any maintenance that the Constructing Authority considers should be undertaken during the financial year to which the statement relates in respect of each work referred to in section 43 (1) of the Act;

(b)

an estimate of the amount of any compensation likely to become payable during that financial year by the Constructing Authority as a consequence of any such maintenance;

(c)

an estimate of the amount of compensation payable or likely to become payable during that financial year by the Constructing Authority as a consequence of any maintenance of each work referred to in paragraph (a) carried out during any previous financial year;

(d)

the percentage which, under section 38 of the Act, the Constructing Authority has determined that the council should contribute to the cost of any such maintenance and compensation;

(e)

the amount (if any) of any payment made by the council under section 43 (1) of the Act during any previous financial year which remained unexpended at the close of the immediately preceding financial year.

Repeal

8. The Hunter Valley Flood Mitigation Regulations 1956 are repealed.

1992—No. 505

TABLE OF PROVISIONS

1. Citation
2. Commencement
3. Definitions
4. Definition of “Hunter Valley”
5. Portions of Hunter Valley for which Minister for Public Works is Constructing Authority
6. Statement of particulars of programme of works
7. Statement of cost of maintenance and compensation
8. Repeal

EXPLANATORY NOTE

The object of this regulation is to repeal and remake, without any major modifications, the provisions of the Hunter Valley Flood Mitigation Regulations 1956. The new regulation deals with the following matters:

(a)	prescribing land that is taken to form part of the Hunter Valley for the purposes of the Hunter Valley Flood Mitigation Act 1956;
(b)	prescribing those portions of the Hunter Valley in respect of which the Minister for Public Works is to be the constructing authority under that Act;
(c)	prescribing particulars to be included in the statement of particulars of a programme of works for the purposes of section 40 (4) of that Act;
(d)	prescribing particulars to be included in the statement of costs and maintenance for the purposes of section 43 (2) of that Act.

This regulation is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989.

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Hunter Valley Flood Mitigation Act 1956 - Hunter Valley Flood Mitigation Regulation 1992 (1992-505) [GG No 110 of 1.9.1992] (NSW)

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(a)	an estimate of the cost of any maintenance that the Constructing Authority considers should be undertaken during the financial year to which the statement relates in respect of each work referred to in section 43 (1) of the Act;
(b)	an estimate of the amount of any compensation likely to become payable during that financial year by the Constructing Authority as a consequence of any such maintenance;
(c)	an estimate of the amount of compensation payable or likely to become payable during that financial year by the Constructing Authority as a consequence of any maintenance of each work referred to in paragraph (a) carried out during any previous financial year;
(d)	the percentage which, under section 38 of the Act, the Constructing Authority has determined that the council should contribute to the cost of any such maintenance and compensation;
(e)	the amount (if any) of any payment made by the council under section 43 (1) of the Act during any previous financial year which remained unexpended at the close of the immediately preceding financial year.