Hunter Valley Flood Mitigation Act 1956 (NSW)

HUNTER VALLEY FLOOD MITIGATION ACT.
Act No. 10, 1956.

An Act to provide for the carrying out of works of flood prevention and mitigation within the Hunter Valley and to make provision otherwise for and in respect of such flood prevention and mitigation; to provide for payments to be made by the Hunter Valley Conservation Trust and by councils in respect of such works; for these and other purposes to amend the Public Works Act, 1912, the Hunter Valley Conservation Trust Act, 1950, and certain other Acts in certain respects; and for purposes connected therewith. [Assented to, 17th August, 1956.1

lative Council and Legislative Assembly of New South BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis

Wales in Par l iament assembled, and by the author i ty of the same, as follows :—

P A R T I .

PRELIMINARY.

1. ( 1 ) This Act may be cited as the " H u n t e r Val ley

Flood Mit igat ion Act, 1 9 5 6 . "
(2) This Act shall commence upon a day to be appoin ted by the Governor and notified by proclamat ion published in the Gazette.
(3) This Act is divided into P a r t s as follows:—

P A R T I.—PRELIMINARY.
P A R T II .—CONSTRUCTION OF WORKS.
P A R T I I I .—POWERS OF CONSTRUCTING AUTHORITY.
P A R T IV.—COMPENSATION.
DIVISION 1.—Assessment Board.

DIVISION 2.—Provisions relating to compensa
tion.

P A R T V . — F I N A N C E .
P A R T VI.—MISCELLANEOUS AND GENERAL.

( 1 ) In this Act, unless the context or subject m a t t e r otherwise indicates or requ i res—
2 .

" A c c o u n t " means the H u n t e r Valley Flood Mitiga

t ion W o r k i n g Account re fer red to in subsection
two of section forty-one of this Act.

" A s s e s s m e n t B o a r d " means the Assessment B o a r d
const i tuted under the provis ions of this Act.

" C o m m i s s i o n " means The W a t e r Conservat ion and

I r r i ga t ion Commission const i tuted under the

provis ions of the I r r iga t ion Act, 1 9 1 2 , as
amended by subsequent Acts.

" C o u n c i l "

"Counci l" means council as denned in the Local
Government Act, 1919, as amended by subse quent Acts, and includes a county council con stituted under that Act, as so amended.

"Financial yea r " means the period commencing on the first day of Ju ly in any year and terminating on the thirtieth day of June in the next following year.
"Hunter Val ley" means the catchmentarea of the

river.

"Levee bank" means levee bank designed or intended for the purpose of or which could or might have the effect of excluding or partially excluding the waters of the River or waters overflowing from the River from any land.
"Local government a r ea" has the meaning ascribed to that phrase in the Local Government Act,
1919, as amended by subsequent Acts.

"Lower r iver" means those parts of the River which
flow through those portions of the Hunter Valley
in respect of which the Minister for Public
Works is the Constructing Authority.

"Occupier" means the person in actual occupation or for the time being entitled to the possession of any land and includes where the person so
entitled does not reside on the land his resident manager or other person having the care, con trol or management of the land and where any land is vested in a council means that council.
"Owner", in relation to land, includes every person who jointly or severally, whether at law or in equity—

(a) is entitled to the land for any estate
of freehold in possession; or

(b)

(b)

is a person to whom the Crown has law fully contracted to g r a n t the fee simple unde r the Crown Lands Acts or any other Act re la t ing to the al ienat ion of lands of the Crown; or

(c)

is entitled to receive or is in receipt of, or if the land were let to a t enan t would be enti t led to receive, the r en t s and profits thereof, whether a s beneficial owner, t rus tee , mor tgagee in possession, or o therwise ; or
(d) is the holder of a lease from the Crown

or any s t a tu to ry body represen t ing the
Crown.

" P r e s c r i b e d " means prescr ibed by this Act or the

regula t ions made thereunder .

" R i v e r " means the H u n t e r River and i ts t r ibu ta r i e s
and includes the es tua ry of the River a n d any a r m or branch of such e s tua ry and where any p a r t of the River is influenced by t idal wa te r s

includes tha t pa r t .
" T r e e " includes sapling, shrub and scrub.

" T r u s t " means the H u n t e r Valley Conservat ion

T r u s t const i tuted under the provis ions of the

H u n t e r Valley Conservat ion T r u s t Act, 1950,
as amended by subsequent Acts .

" W o r k to which th is Act e x t e n d s " means any work
designed or intended for the purpose of or which could or might have the effect of p reven t ing or mi t iga t ing the flooding or inundat ion of a n y lands within the H u n t e r Valley by the wa te r s of the River or by wa te r s which may overflow or otherwise escape from the River or the effects of any such flooding or inundat ion and, without

l imit ing

limiting the generality of the foregoing, includes works for or in connection with or incidental
to—

(a)

river bank protection and river bank stabilisation;
(b) river regulation;
(c) river channel improvement;
(d) river diversion;
(e) dredging;

(f) the construction or provision of flood
escapes and the improvement of flood
escapes and floodways;
(g) the construction or provision of flood gates and the improvement of flood
gates;

(h) the construction of levee banks and the

removal, relocation, re-alignment,
alteration, reduction in height, demoli tion or reconstruction of levee banks.

(2) For the purposes of this Act the Constructing Authority shall—

(a) in respect of those portions of the Hunter Valley which are prescribed as being the portions of the Hunter Valley in respect of which the Minister Authority, be the Minister for Public Works, for Public Works is to bo the Constructing
(b) in respect of those portions of the Hunter Valley not being those portions in respect of which the
Minister for Public Works is the Constructing
Authority, bo the Commission.

(3) The provisions of this Act conferring powers, authorities, duties and functions on the Constructing Authority shall, where the Minister for Public Works is the Constructing Authority, be applicable to those por tions of the Hunter Valley in respect of which he is the Constructing Authority and, where the Commission is the

Constructing

Construct ing Author i ty , be applicable to those por t ions of the H u n t e r Valley in respect of which it is the

Constructing: Author i ty .
3 . Except as expressly in this Act provided, nothing in this Act shall affect any of the provisions of—
the W a t e r Act, 1912;
the Local Government Act, 1919;
the Rivers and Foresho res Improvement Act, 1948;
the Hun te r Valley Conservat ion T r u s t Act, 1950,

or any Act amending any of those Acts , or take away, deroga te from or otherwise affect any powers vested in any person or body by any of the said Acts or by any by-laws, ordinances or regula t ions made thereunder .

P A R T I I .

CONSTRUCTION OF W O R K S .

4 . (1) The Const ruct ing Author i ty may—
(a) plan and undertake schemes for the prevention or mit igat ion of flooding, and
(b) in accordance with the provisions of this Act,

under take , construct , c a r r y out, opera te and
main ta in any work to which this Act extends.
(2)

(a) E v e r y work which the Const ruct ing
Au thor i ty is au thor i sed to under take , construct or ca r ry out shall be under taken , constructed or ca r r i ed out under the Public Works Act, 1912, as amended by subsequent Acts .
(b) Any such 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 , and save as here inaf ter express ly provided the provis ions of the said Act as so amended, sections thi r ty-four , thirty-five, thir ty-s ix and thir ty-seven excepted, shall app ly to and in respect of any such work.

[c)

constructing authority for any such work within the meaning of the said Act as so amended, and shall enter into such contracts and take all such necessary steps for the proper execution thereof as such authority may think proper.

(3) Without prejudice to the generality of sub

sections one and two of this section, the provisions of section thirty-eight of the Public Works Act, 1912, as

amended by subsequent Acts, shall apply to and in respect of any of the contracts referred to in paragraph

5. For the purposes of this Act, but not otherwise, the following amendments shall be made in the Public Works Act, 1912, as amended by subsequent Acts, that is to say:—

(a) sections eighty-two, eighty-three, eighty-four,
eighty-five, eighty-six, eighty-seven, eighty-eight,
eighty-nine, ninety, ninety-one, ninety-two, ninety-three, ninety-four, ninety-five and ninety-
six are repealed;
(b) section ninety-eight is amended—
(i) by inserting in subsection three before the words "public works" the words

"authorised works o r " ;

(ii) by omitting from the same subsection the words "not exceeding fifty years" ;

(c) section one hundred and twenty-six is amended
by inserting at the end of subsection two the
following proviso:—
"Provided that such interest shall not be paid

for any period during which delay in fixing the
amount of compensation or in completing title has been caused without reasonable excuse by the act or default of the person to whom such compensation is payable."

6. Notwi ths tanding any th ing contained in P a r t X I I A
of the Local Government Act, 1919, as amended by subsequent Acts , no res t r ic t ion imposed by or under t ha t P a r t and no provis ion or res t r ic t ion contained in any town or count ry p lanning scheme prescr ibed by ordinance p u r s u a n t to the provis ions of the said P a r t or imposed under the au thor i ty of any such scheme shall app ly to or in respect of any work or measure under taken , constructed or car r ied out or p roposed to be under taken, constructed or car r ied out by the Const ruct ing Author i ty under the au thor i ty of this Act or opera te in such manne r as to derogate from or in ter fere in any way with the full and free exercise by the Cons t ruc t ing Au thor i ty of any of the powers , author i t ies , dut ies and functions conferred or imposed on the Const ruct ing Au tho r i t y by or under

th is Act.

P A R T I I I .

POWERS or COXSTKUCTIXG AUTHORITY.
7. In respect of the lower river—

(a)

the provisions of Part II of the Water Act, 1912, as amended by subsequent Acts , section 26n excepted, shall, as from the commencement

of this Act, cease to a p p l y ; and

(b) all licenses, permits and authorities for joint wa le r supply schemes issued under the provis ions of the said P a r t I I in respect of works to which tha t P a r t extends and in force immediately before such commencement shall upon such commencement be revoked and cease to be of any force or effect.

8. (1) This section shall apply to and in respect of those por t ions of the H u n t e r Valley in respect of which the Minis ter for Public W o r k s is the Const ruct ing Author i ty .

(2)

(2) No owner or Occupier of any land or other person whomsoever shall, except with the permission
of the Constructing Authority—

(a) construct or erect any levee hank; or

(b) construct or erect any pump or other machinery
or appliance, pipe, flume, race, channel, cutting, excavation, sewer or other work of a like nature

connected in any way with the waters of the
lower river.

(3) (a) The Constructing Authority may by notice in writing direct the owner or occupier of any land on which there is any levee bank, or any pump or other machinery or appliance, pipe, flume, race, channel, cutting, excavation, sewer or other work of a like nature connected in any way with the waters of the lower river, constructed or erected before the commencement of this

Act, to make such modification of such work and within

such lime as may be specified in the notice.

Such owner or occupier shall comply with such notice accordingly.

(b) I f such owner or occupier fails to comply

with the terms of any such notice the Constructing Authority may cause the modification directed in such

notice to be made and may recover any cost incurred
in so doing from such owner or occupier in any court of competent jurisdiction as a debt due and owing to the Constructing Authority.

9. (1) For the purposes of this Act the Constructing Authority or any person authorised by the Constructing Authority may enter any land and carry out any investigation or inspection and take levels and make surveys and marks and fix pegs and slakes.

(2) For the purposes of this Act the Constructing Authority may undertake, construct, carry out, operate and maintain any work on any land, street, road or reserve.

(3)

(3) F o r the purpose of under tak ing , construct ing or ca r ry ing out any work to which this Act extends (other than a work of r iver divers ion) which is proposed to be under taken , constructed or car r ied out under the auth or i ty of this Act or for the purpose of the operat ion or maintenance of any such work so under taken , constructed or car r ied out, the Const ruct ing Au tho r i t y or any person

author ised by the Cons t ruc t ing Au thor i ty shall have
power a t any t ime—

(a) to enter land and use such land for the pur

pose of under tak ing , construct ing, ca r ry ing out,

opera t ing or main ta in ing such w o r k ;
(b) to enter land and take and use any gravel, spoil, stone or other mater ia l from such l and ;
(c) to take and use any gravel, spoil, stone or other mate r ia l from the bed of the R ive r ;
(d) to enter any land lying within two chains of the bank of the River and lop and cut down any t ree which may be on such land, and take and use any such t ree and any cut t ings of any t ree on such l and ;

whether or not the work for which such gravel , spoil, stone or other mater ia l or t ree or cut t ing is taken or used is contiguous to such land or bed of the River , as the case may be, and no twi ths tanding an easement or r ight so to enter and use such land or to take and use such gravel , spoil, stone or other mate r ia l or t ree or cut t ing has not

been acquired or g ran ted .
(4) Any person obst ruct ing or h inder ing the Con s t ruc t ing Au thor i ty or any person author ised by the Cons t ruc t ing Author i ty in the exercise of any power conferred by this section shall be guil ty of an offence aga ins t this Act.
( 5 ) Any person who removes injures or in terferes

with any marks made or pegs or s takes fixed p u r s u a n t to the provis ions of this section shall be guil ty of an offence agains t this Act.

10. I f in the opinion of the Constructing Authority any tree on the bank of the River or on land adjoining any such bank constitutes a threat to any scheme for

flood prevention or mitigation which the Constructing

Authority has carried out or has planned or is planning to carry out or to any part of any such scheme or inter
feres with or impedes or tends to interfere with or impede

the free flow of the River or otherwise detrimentally

affects or is likely to detrimentally affect such flow or the stability of the banks of the River the Constructing

Authority may, notwithstanding anything contained in the Hunter Valley Conservation Trust Act, 1950, or any

Act amending that Act, authorise any person to enter

the land on which such tree is and to lop, cut down or
remove such tree.

11. (1) For the purpose of flood prevention or miti gation, the Constructing Authority may, where the Constructing Authority considers such a course necessary

or desirable, authorise any person to enter any land on

which there is any pump or other machinery or appliance, pipe, flume, race, channel, cutting, excavation, sewer or other work of a like nature and to remove and relocate any such work.

(2) The powers conferred by subsection one of

this section may be exercised whether or not the work is
licensed, permitted or authorised under any of the pro
visions of the Water Act, 1912, as amended by subsequent

Acts. (3) Where pursuant to the provisions of sub	section one of this section any pump or other machinery
or appliance, pipe, flume, race, channel, cutting, excava
tion, sewer or other work of a like nature is removed and relocated, such removal and relocation shall be carried out in a proper and workmanlike manner and shall be so carried out that such pump or other machinery
or appliance, pipe, flume, race, channel, cutting, excava
tion, sewer or other work may be operated in the same manner and to the same extent as before removal and relocation or as near thereto as circumstances will allow.

(4)

(4) The removal and relocation of any work in accordance wi th the provis ions of th is section shall for all purposes be deemed to be a work to which th is Act extends and the provis ions of section nine of this Act shall apply to and in respect thereof accordingly.
(5) Any license, pe rmi t or au thor i ty for a jo int wa te r supply scheme issued under the provis ions of P a r t I I of the W a t e r Act, 1912, as amended by subsequent Acts , in respect of any of the works re fe r red to in sub section one of this section and in force a t the t ime of removal and relocation of such work shall be deemed to apply to and in respect of such work in i ts new location to the same extent as the same applied to such work in i ts former location and for t ha t purpose such license, permi t or au thor i ty shall be deemed to be amended accordingly but shall otherwise remain in full force and effect.
1 2 . No owner or occupier of land or other person whomsoever shall, except wi th the permiss ion of the Cons t ruc t ing Author i ty , const ruct or erect any fence, s t ruc ture or o ther erection whatsoever on, or in proximi ty to any levee bank.

1 3 . (1) W h e r e p u r s u a n t to the provis ions of sub

section two of section eight or of section twelve of this Act the permiss ion of the Cons t ruc t ing Au tho r i t y is necessary to the doing of any act, appl icat ion for a

pe rmi t shall be made in wr i t ing to the Const ruct ing
Author i ty and shall specify the land in respect of which the pe rmi t is desi red and supply full pa r t i cu la r s of the work proposed to be under taken .

(2) The Const ruct ing Au tho r i t y may, af ter such

invest igat ion as the Cons t ruc t ing Au tho r i t y may deem necessary, refuse any pe rmi t appl ied for unde r th i s section or m a y g r a n t the same uncondit ional ly or subject to such l imitat ions and condit ions ( including a condition l imit ing the t ime the pe rmi t shall remain in force) as

the Cons t ruc t ing Au thor i ty m a v think fit.

(3)

(3) The Constructing Authority may at any time

revoke or vary any permit issued under the provisions

of this section.

(4) The Constructing Authority may authorise

any person to enter the land on which—

(a) any work referred to in subsection two of section eight or any fence, structure or other erection referred to in section twelve of this Act has been constructed or erected contrary to the provisions
of the said subsection two or of the said section
twelve, as the case may be; or

(b) any such work or fence, structure or other erection has been constructed or erected other wise than in compliance with the limitations or conditions for the time being attached to the permit in respect thereof granted under the provisions of this section,

and to demolish such work or fence, structure or other erection or to carry out such alterations or modifications

thereof as may be necessary to cause such work or fence,

structure or other erection to be in compliance with the said limitations or conditions, as the case may require, and may recover any cost incurred in so doing from the owner or occupier of the land or other the person constructing or erecting such work or fence, structure or other erection in any court of competent jurisdiction as a debt due and owing to the Constructing Authority.

14. The Constructing Authority may, by notice in writing to the owner of the land on which is situated any privately owned levee bank, take over the mainten

ance and control of such levee bank as from a date to be specified in such notice and upon such notice having

been so given the maintenance and control of such levee bank shall as from the specified date be deemed to be wholly transferred to and vested in the Constructing Authority as a work to which this Act extends and under taken by the Constructing Authority under the provisions

of this Act.

1 5 . (1) W h e r e a levee bank has been constructed adjacent to the River , the Const ruct ing Au tho r i t y may, by notice in wr i t ing to the owner and occupier of the land on which such levee bank has been constructed or of any land immediately adjacent there to or of the whole or any p a r t of the land lying between such levee bank and the River , impose such conditions and res t r ic t ions on the use of such levee bank or land as the Const ruct ing Au tho r i t y may deem necessary or desirable to ensure the stabil i ty of such levee bank and in the in te res t s of flood prevent ion or mi t igat ion within the H u n t e r Valley general ly .
(2) The notice re fe r red to in subsection one of th is section shall specify the land to which the notice re la tes and the conditions or res t r ic t ions imposed thereby with sufficient pa r t i cu la r i ty to enable any person affected thereby to be acquainted wi th the obligations imposed upon him by v i r tue of such notice.

(3) The Const ruct ing Au tho r i t y m a y in the like

m a n n e r revoke or v a r y any notice given in pursuance of
this section.

(4) If any owner or occupier of land in respect of which a notice has been given p u r s u a n t to the provis ions of this section contravenes or fails to comply with any condition or res t r ic t ion imposed by such notice the Const ruct ing Au thor i ty may author ise any pe r son to enter the land to which such notice re la tes and to take such remedial measures on tha t land as the Construct ing

Au thor i ty m a y deem necessary and may recover any cost
incur red in so doing from such owner or occupier in any
court of competent jur isdic t ion as a debt due and owing

to the Cons t ruc t ing Author i ty .

1 6 . (1) The Governor may by proclamat ion in the Gazette declare any specified a rea or a reas of lands within the H u n t e r Valley to be within the flood plain of the River and m a y by the like proclamation revoke or v a r y any such proclamation.

(2)

(2) While any such proclamation remains in

force no structure or work within any area to which the
proclamation relates which is designed or intended for

or which could or might have the effect of—

(a) controlling or mitigating floodwaters; or
(b) discharging storniwaters; or
(c) excluding tidal waters,

or which may in the opinion of the Constructing

Authority in any way result in the concentration or diversion of floodwaters or of storniwaters shall be constructed, erected or altered, unless particulars of the

site, nature, dimensions and design of the proposed

structure or work or the proposed alterations have been

approved by the Constructing Authority.

(3) (a) Application for approval of the Con

structing Authority in accordance with the provisions

of this section shall be made in writing to the Construct

ing Authority and shall be accompanied by full particulars of the site, nature, dimensions and design of the proposed structure or work or the proposed alterations, as the case may be, together with such other particulars in relation thereto as the Constructing Authority may require.

(b) The Constructing Authority may, after

such investigation as the Constructing Authority may

deem necessary, refuse any such application or may
grant the same unconditionally or subject to such amend

ments relating to the site, nature, dimensions or design

of such proposed structure or work or such proposed

alterations, as the case may be, or to such limitations and conditions as the Constructing Authority may think fit.

(4) The Constructing Authority may authorise

any person to enter the land on which a structure or work has been constructed, erected or altered in contravention of the provisions of this section or the limitations or conditions on which any approval

is given thereunder , and to demolish such s t ruc ture or work or to ca r ry out such a l te ra t ions or modifications thereof as the Const ruct ing Author i ty may deem neces sa ry or desirable, and may recover any cost incurred in so doing from the owner or occupier of such land in any court of competent jur isdict ion as a debt due and owing

to the Const ruct ing Author i ty .

P A R T IV.
COMPENSATION.

DIVISION 1.—Assessment Board.

17 . (1) F o r the purposes of this Act there shall be const i tu ted a B o a r d to be called the Assessment

Board .
( 2 ) The Assessment B o a r d shall consist of four

members who shall he appoin ted by the Governor. Of the members so appointed—

(a) one shall be appointed on the nomination of the

Minis ter for Publ ic W o r k s ;
(b) one shall be appointed on the nomination of the

Commission;
(c) one shall be appointed on the nomination of the

Minis ter of Agr i cu l t u r e ; and
(d) one shall be appointed on the nomination of the Trus t .

(3) (a) The member of the Assessment Board re fer red to in p a r a g r a p h (a) of subsection two of this section shall act as such member only in relat ion to m a t t e r s before 1 ho Assessment Boa r d connected wi th

those

those portions of the Hunter Valley in respect of which the Minister for Public Works is the Constructing Authority and when so acting shall he chairman of tha Assessment Board.

(b) The member of the Assessment Board

referred to in paragraph (b) of subsection two of this
section shall act as such member only in relation to

matters before the Assessment Board connected with those portions of the Hunter Valley in respect of which the Commission is the Constructing Authority and when

so acting shall be chairman of the Assessment Board.

(4) The Governor may from time to time revoke

the appointment of any member of the Assessment Board and may appoint another member to the Assessment

Board upon the like nomination as that of the member

whose appointment has been revoked.

(5) The provisions of the Public Service Act,
1902, or of any Act amending that Act, shall not apply

to or in respect of the appointment of a member of the Assessment Board and such member shall not in his

capacity as a member be subject to the provisions of

any such Act.

(G) Each member of the Assessment Board shall

be entitled to receive—

(a) such remuneration for his services as may from

time to time be fixed by the Governor; and

(b)

travelling expenses at such rate as the Governor may from time to time determine.

(7) A member of the Assessment Board who is

an officer of the Public Service or of any statutory body representing the Crown shall, notwithstanding the provi- sions of any Act or of any rule or regulation made under any Act, be entitled to receive remuneration under the provisions of subsection six of this section in addition to any remuneration to which he is entitled as an officer

of the Public Service or of any statutory body repre

senting the Crown, as the case mav be.

(8)

(8) The office of a member of the Assessment Boa rd shall not for the purpose of the Const i tut ion Act, 1902, or any Act amending tha t Act, be deemed to be an office or place of profit under the Crown.
1 8 . (1) The Assessment Boa rd shall have and may exercise and discharge the powers , author i t ies , duties and functions conferred or imposed upon it by or under this Act.
(2) F o r the purpose of the exercise and discharge of i ts powers , au thor i t ies , dut ies and functions the Assessment Board may at all reasonable times enter and inspect any lands.
1 9 . (1) The cha i rman shall pres ide at all meet ings

of the Assessment B oa r d and at any such meet ing the
cha i rman and one other member shall form a quorum.
(2) I n the event of an equal i ty of votes a t any meet ing of the Assessment Board the cha i rman shall have a second or cas t ing vote.
(3) Meetings of the Assessment Boa r d for any
purpose unde r this Act shall be held a t such t imes and
places as may be determined by the Assessment Board .

(4) W h e r e any m a t t e r a r i s ing under this Act is

to be de termined by the Assessment Boa r d the Assess ment Boa rd shall notify the person by whom such ma t t e r

was re fer red and the Const ruct ing Au thor i ty of the t ime and place a t which the Assessment Boa r d will inquire

into and determine such ma t t e r .
( 5 ) (a) The Assessment Board shall have power

to hea r and de termine any such mat te r .

(b) The Assessment Boa r d may, for the

purpose of hea r ing and de te rmin ing any such mat te r ,
(i) summon wi tnesses ;
(ii) receive evidence on oath or affirmation; and
(iii) require the product ion of documents.

(e)

(c) A person who has been lawfully sum moned to appea r before the Assessment Boa rd shall not fail to a p p e a r and a person who appea r s , whether summoned or not, shall not—

(i)   refuse to be sworn as a witness or to make an affirmation;
(ii)   fail to answer any question he is lawfully required to answer ; or
(iii)   fail to produce any document he is lawfully required to produce.

Any person who neglects or fails to comply wi th any of the provis ions of this p a r a g r a p h	shall be guil ty of
an offence aga ins t this Act.

(6) (a) E v e r y person who, when required by the Assessment Board, a t tends as a witness or produces documents as aforesaid, shall be allowed such expenses as would be allowed a witness a t t end ing on subpoena on

the t r ia l of an action in the Dis t r ic t

Court .

(b) Such expenses if so directed by the Assessment Boa rd shall be pa id by the person at whose instance the witness or person producing the documents a t tends .

DIVISIOX 2.—Provisions relating to compensation.

2 0 . Except as expressly in this Act otherwise provided

no person shall bo enti t led to claim or be pa id any

the exercise by the Const ruct ing Author i ty of any of the	compensat ion whatsoever a r i s ing out of or by reason of
powers , author i t ies , duties and functions conferred or imposed on the Const ruct ing Author i ty by or under the provisions of this Act.
2 1 . Where for the purposes of this Act land or an easement or r ight is acquired under the provis ions of the Publ ic W o r k s Act, 1912, as amended by subsequent Acts , compensation shall be payable for or in respect of such acquisit ion and such compensation shall be determined in the manner provided in the Public Works Act, 1912, as so amended.

2 2 . (1) In every other case where compensat ion is payable under or by v i r tue of the provisions of this Act the amount of the compensation so payable shall be deter mined by mutua l agreement between the Construct ing Au thor i ty and the person entit led to claim compensat ion.
(2) If the pa r t i e s fail to agree on the amount of the compensat ion to be pa id such amount shall be de termined by the Assessment B o a r d subject to a r ight of appea l to the Land and Valuat ion Cour t as here inaf ter provided.
2 3 . No person shall be entit led to claim or be paid any compensat ion whatsoever for or a r i s ing out of or by reason of the revocat ion of any license, pe rmi t or au thor i ty for a joint wa te r supply scheme pu r suan t to the provisions of section seven of this Act.
2 4 . No person shall be entit led to claim or be paid any compensat ion whatsoever for or a r i s ing out of or by reason of the exercise by the Const ruct ing Author i ty of the powers conferred by subsection one of section nine of this Ac t :
P rov ided tha t where any damage or in jury to the land or to any building, s t ruc ture , stock, crop, p r o p e r t y or other th ing thereon is caused by or ar i ses out of negli gence on the p a r t of the Cons t ruc t ing Au tho r i t y or the

agents of the Cons t ruc t ing Au thor i ty the Const ruct ing

Au thor i ty shall, as the Cons t ruc t ing Au tho r i t y m a y

determine, make good such damage or in ju ry or make r epa ra t ion in cash for such damage or in jury and in

the case of any dispute as to the sufficiency of such making good or such repara t ion , as the case m a y be, the pa r t i e s to the dispute or ei ther of them may within twenty-eight clays af ter such dispute a r i s ing refer the

m a t t e r to the Assessment B o a r d for determinat ion.

Such reference shall be made in wr i t ing and signed by the pa r t i e s or p a r t y making the

reference.
Upon any such reference being made the Assessment
Boa rd shall inquire into and determine the m a t t e r and
make such order as it may deem necessary in the

circumstances. 2 5 .

25 . Where the Constructing Authority enters any land and uses such land in the exercise of the powers conferred by paragraph (a) of subsection three of section nine of this Act without acquisition of the land or with out acquisition or the granting of an casement or right in respect thereof, the following provisions shall have

effect:—

(a) except as in this section provided no person shall be entitled to claim or be paid any compen sation whatsoever arising out of the entry on and use of such land;
(b) if arising out of the entry on and use of such land damage or injury is caused to adjoining land or to any building, structure, stock, crop, property or other thing on such land or such adjoining land any person injuriously affected shall be entitled to claim and be paid compen sation in respect of such damage or injury;
(c) where any work has been carried out on any lands which before the carrying out of such work were owmcd and worked as one property and the lands available for use after the carrying out of such work are insufficient to enable the purpose for which the lands were used immedi
ately before the carrying out of such work to be effectively continued the owner or occupier shall be entitled to claim and bo paid compensation
in respect of any loss sustained by reason of the
inability to use the lands for such purpose.

26. Where in the exercise of the powers conferred

by paragraphs (b) (c) and (d) of subsection three of

section nine of this Act—

(a) any gravel (other than river gravel), spoil, stone, or other material is taken from any land lying between a levee bank and the Elver, no person shall be entitled to claim or be paid any compensation but the Constructing Authority
shall, if so required by the owner of the land, leave such land properly graded without undue
inequality
inequal i ty or i r regula r i ty in g r a d i n g and, if the same was previously grassed, sown or

p lanted with like g r a s s e s ;

(b)

any gravel (other than river gravel), spoil, stone, or other mate r ia l is taken from any land not being land lying between a levee bank and the River , the owner of such land shall be enti t led to claim and be pa id compensat ion in respect of the gravel (other than r iver g rave l ) , spoil, stone, or o ther ma te r i a l so taken and of any pe rmanen t damage or in jury to such land

by such t ak ing ;

(c)

any timber is taken from any land, no person shall be enti t led to claim or be pa id any com pensa t ion unless such t imber is of commercial value and then only to the extent of the commer cial value of such t imber.

W h e r e a levee bank is constructed or erected by the Const ruct ing Author i ty for the protect ion from flood-
wa te r s of a town or vil lage on land which—
2 7 .

(a)

derives no protection from floodwaters from the construct ion or erection of such levee b a n k ; and

(b)

is detrimentally affected or is likely to be det r imenta l ly affected by more intensive or prolonged flooding or inundat ion by reason of such construct ion or erection than would other wise have been the case,

the owner of such land shall be enti t led to claim and be paid, in addi t ion to any compensat ion to which be may be
entit led by reason of the acquisit ion of any land for the construct ion or erection of such levee bank, compensat ion for any loss or in jury sus ta ined by h im in respect of his land being de t r imenta l ly affected or being likely to be det r imenta l ly affected by the construction or erection of such levee bank.
2 8 . (1) W h e r e any pr iva te ly owned levee, bank is

demolished, relocated, re-aligned, reduced in height or otherwise a l tered by the Const ruct ing Au tho r i t y no person shall except as in this section provided be entit led

to claim or be paid any compensation in respect of any such demolition, relocation, re-alignment, reduction in height, or other alteration.

(2) Where, by reason of the demolition, relocation

or re-alignment of a levee bank as referred to in sub section one of this section, any building which was

formerly protected against flooding or inundation by such

levee bank ceases to be so protected, the owner of such

building shall be entitled to claim and he paid
compensation:

Provided that where the Constructing Authority has removed such building and re-erected it in a location protected against flooding or inundation or has con structed or erected a ring levee bank for the protection

of such building against flooding or inundation, such

owner shall not be entitled to claim and be paid any

compensation.

(3) The compensation referred to in subsection

two of this section shall in no case exceed the depreciated value of any such building or, if the same is capable of being removed to and re-erected in a location protected against flooding or inundation, the cost of such removal and re-erection, whichever is the less.

20. Where pursuant to the provisions of section

fifteen of this Act conditions or restrictions upon the

use of any levee bank or land are imposed by the Constructing Authority the owner and occupier of such
levee bank or land shall be entitled to claim and be paid

compensation for or in respect of any loss sustained by
reason of such conditions or restrictions.

30. (1) Where a work of river diversion proposed to be carried out under this Act will result in the severance of any land owned and worked as one property and—

(a)

any severed part of the land will have no direct means of access:
(b)

(b)

any severed part of the land will constitute less than one home maintenance area , and will have no convenient means of access to the other

severed p a r t ; o r

(c)

the severed parts of the land will in the aggrega te be less than one home maintenance a r e a ;

the owner of the land m a y within three months af ter the commencement of the work of r iver diversion by notice in wr i t ing require the Const ruct ing Author i ty to

acquire the severed p a r t re fe r red to in p a r a g r a p h (a)

or (b) or the severed p a r t s re fe r red to in p a r a g r a p h (c)
of this subsection, as the case m a y require .
(2) (a ) If the owner of the land refer red to in subsection one of this section requires the Const ruct ing Au thor i ty to acquire the severed p a r t re fer red to in p a r a g r a p h (b) of subsection one of this section or the severed p a r t s re fer red to in p a r a g r a p h (c) of the said subsection the Const ruct ing Au tho r i t y shall for thwith refer the m a t t e r to the Assessment Boa r d to determine whether , in i ts opinion, such severed p a r t or p a r t s const i tutes or const i tute less t han one home maintenance a r ea and the Assessment B o a r d shall inquire into and determine the m a t t e r accordingly and shall r epor t its

de terminat ion to the Const ruct ing Author i ty .

(b) The provis ions of subsections four and

five of section nineteen of this Act shall not apply to or in respect of any inqui ry by the Assessment Board

p u r s u a n t to the provis ions of this subsection.
(c) Upon receipt of the repor t of the Assess men t Boa rd the Const ruct ing Au thor i ty shall notify the owmer of the land refer red to in subsection one of this section of the de terminat ion of the Assessment Board .
(d) Any such owner who is dissatisfied with
the de te rmina t ion of the Assessment B o a r d may in
manne r here inaf ter provided appea l to the Land and

Valuat ion Court aga ins t such determinat ion.

(3)

(3) I f the owner of the land referred to in sub-

section one of this section in accordance with the

provisions of that subsection requires the Constructing Authority to acquire any severed part and in the case

of any severed part or parts referred to in paragraph

(b) or (c) of the said subsection the Assessment Board

has determined that the severed part or parts constitutes

or constitute less than one home maintenance area, or,

in the case of an appeal against that determination, the Land and Valuation Court confirms that determination the Constructing Authority shall forthwith take steps to acquire the severed part or parts, as the case may be, in accordance with the provisions of this section.

(4) Any land which by virtue of the provisions of

subsection three of this section the Constructing Authority is required to acquire may be purchased or resumed under the Public Works Act, 1912, as amended
by subsequent Acts, and such purchase or resumption

shall be deemed to be for an authorised work within the
meaning of that Act, as so amended.

Compensation shall be payable for or in respect of such resumption and such compensation shall bo determined in the manner provided in the Public Works

Act, 1912, as so amended.

(5) Any land purchased or resumed pursuant to

the provisions of this section may be sold or otherwise
dealt with in accordance with the provisions of section
ninety-eight of the Public Works Act, 1912, as amended

by subsequent Acts, and for that purpose the Construct

ing Authority shall bo the constructing authority within

the meaning of that Act, as so amended:

Provided that for the purpose of this subsection

but not otherwise subsection one of section ninety-eight

of the said Act, as so amended, shall ho read and

construed as if the words "and apply the purchase money

arising

ar i s ing from such sales in such manner as the Governor shall d i r e c t " were omit ted and the following p a r a g r a p h was insei ' ted in lieu thereof:—

" A n y purchase money a r i s ing from such sales
shall be pa id to the credit of the H u n t e r Valley Flood Mit igat ion W o r k i n g Account re fe r red to in subsection two of section forty-one of the H u n t e r Valley Flood Mit igat ion Act, 1956" .

(6) W h e r e p u r s u a n t to the provis ions of sub

section five of this section any purchase money as re fer red to in t h a t subsection is pa id to the credi t of the Account the T r u s t shall be credi ted in the Account with a p a r t of the amount of such purchase money propor t ionate to the contr ibut ion which the T r u s t has made or is liable to make in respect of the or iginal purchase or resumpt ion of the land sold and the amount so credited to the T r u s t shall be r ega rded as a payment made by the T rus t in accordance with the provis ions of subsection one of section forty-one of this Act for the financial year in which such purchase money is so paid to the credit of the Account.
(7) If the owner of the land refer red to in sub section one of this section does not require the Con s t ruc t ing A u t h o r i t y to acquire any severed p a r t of such land in accordance wi th the provis ions of t ha t subsection compensat ion in respect of any land resumed for the
purpose of the said work of r iver diversion shall be de termined hav ing r e g a r d not only to the value of the
land so resumed but also to the damage (if any) caused
by the sever ing of the p r o p e r l y by the said work of r iver
diversion.
(8) Notwi ths tanding any th ing contained in this section the Cons t ruc t ing Au tho r i t y shall no t be required to acquire any land p u r s u a n t to the provis ions of subsection three of this section if such land or any land which has been or is proposed to be severed from such land by the work of r iver diversion is land which the

owner

owner has prior to the commencement of the work of river diversion agreed to sell or to lease with an option

of purchase.

(9) For the purposes of this section "home main

tenance a r ea" means an area which, when used for the purpose for which it is reasonably fitted, would be
sufficient for the maintenance in average seasons and

circumstances of an average family.

31. (1) Where by reason of a work of river diversion

carried out by the Constructing Authority under this

Act land which had a frontage to the former course of

the River no longer has a frontage to the River—•

(a) the owner of such land (in this section called the "riparian owner") shall not be entitled to claim and be paid compensation except as provided by paragraph (e) of subsection two and by subsections three and four of this
section; and

(b)

the provisions of subsections two and three of this section shall have effect.
(2) I f the riparian owner was making use of a

pumping plant for the purpose of taking and using water from the River whether for domestic water supply, stock
water supply, irrigation or industrial purposes, the
Constructing Authority shall, if the Constructing Authority considers it practicable so to do, provide alternative works to enable water from the River to be

was used prior to the diversion of the River, in which	taken and used for the purpose for which such water
event the following provisions shall have effect:—

(a) the Constructing Authority may remove such pumping plant and re-erect the same, or instal
a new pumping plant, in a proper and work
manlike manner in some suitable location on the new course of the River, supplying such additional fittings or appliances as may bo

necessary to enable the pumping plant to operate
efficiently;
(b)

(b)

(i)

if the Constructing Authority removes and re-erects or instals a p u m p i n g p lan t as here inbefore provided the Construct ing Au thor i ty shall provide, construct and ins ta l a pipeline wi th all necessary p ip ing and fittings to enable wa te r to be conveyed from such pumping p lant to the land of the

r i pa r i an owner ;

(ii)

such pipeline shall be connected to any ret iculat ion system instal led on the land of

the r i pa r i an owner ;

(iii)

in the construction and installation of such pipeline the Cons t ruc t ing A u t h o r i t y m a y make use of any exist ing p ip ing and fittings which may be recoverable and available for

the p u r p o s e ;

(iv)

the removal and re-erection or installation of any pumping p lan t as hereinbefore provided and the construct ion and instal la t ion of any such pipel ine shall for all purposes be deemed to be a work to which this Act extends and the provis ions of section nine of this Act shall app ly to and in respect thereof accordingly;

(c) any license, pe rmi t or au thor i ty for a jo int of P a r t I I of the W a t e r Act, 1912, as amended by subsequent Acts , in respect of a pumping p lan t for which a l te rna t ive works have been provided as aforesaid and in force a t the t ime of removal and re-erection of the pumping p lan t or the instal la t ion of the new pumping p lan t shall be deemed to app ly to and in respect of the re-erected or new pumping p lan t and for t ha t purpose such license, pe rmi t or au thor i ty shall be deemed to be amended accordingly but shall otherwise remain in full force and effect;

wa te r supply scheme issued under the provis ions

(d)

(d) (i) the riparian owner and his servants, work

men and agents shall be entitled to enter at
all reasonable times and to occupy and use
the lands on which the pumping plant and pipeline are located for the purpose of operating, using and maintaining the said pumping plant and pipeline;
(ii) the owner of such lands shall not be entitled to claim or be paid any compensation what
soever in respect of such entry, occupation
and use:
Provided that the provisions of this sub paragraph shall not operate to relieve the riparian owner from any liability to which he may otherwise be subject arising out of any nuisance created by the use of such pumping plant and pipeline;

(e) the provisions of section twenty-five of this Act shall mutatis mutandis apply to and in respect
of the entry on and use of land by the Construct
ing Authority for the purposes of this sub
section.

(3) (a) I f the Constructing Authority considers

it impracticable to provide alternative works in accord

plant for the purpose of taking and using water from	ance with the provisions of subsection two of this section or if the riparian owner was not making use of a pumping	the River, the Constructing Authority may sink and construct on the land of the riparian owner such bores
or wells as the Constructing Authority may think necessary.

(b) The provisions of Division 3 of Part V

of the Water Act, 1912, as amended by subsequent Acts,

shall not apply to or in respect of the sinking of any bore

or well pursuant to the provisions of this subsection but

if the Minister for Public Works is the Constructing

+60585—3 Authority
Author i ty he shall as soon as pract icable af ter complet ing the construct ion of each such bore or well furnish to the Commission in such form as the Commission m a y

requi re (i) the na tu re and thickness of the var ious

such informat ion

re la t ing

t o —

s t r a t a

met with du r ing the construct ion of the bore

or well ;

(ii) the location, quant i t ies and qual i ty of all

supplies of wa te r met with du r ing such
const ruct ion;
(iii) the height each such supply of water stands

relat ive to the n a t u r a l surface of the g round
a t the site of the bore or well ; and
(iv) the depth, d iameter and other pa r t i cu la r s of the bore or well and of any casing inser ted in the bore or well,

as the Commission m a y require .
(c) (i) If the r i pa r i an owner is dissatisfied wi th the adequacy, in respect of number , location or capacity, of any bores or wells constructed on his land p u r s u a n t to the provis ions of this subsection or wi th the qual i ty of the wa te r obtained from any such bores or wells he m a y within twenty-eight days af ter the com pletion of the las t of such bores or wells refer the m a t t e r

to the Assessment B o a r d for determinat ion.

Such reference shall be made in wr i t ing and signed by
the cla imant and shall specify an address for service of
notices.
Upon any such reference being made the Assessment Boa rd shall inquire into and determine the m a t t e r and make such order as it may deem necessary in the ci rcumstances.

(ii) The r i pa r i an owner may in manne r

here inaf te r provided appeal to the L a n d and Valua t ion

Cour t aga ins t any such de terminat ion and order .

(d)

(d) The decision of the Assessment Board or,

if the riparian owner appeals to the Land and Valuation

Court, the decision of that court upon such appeal shall

be carried into effect by the Constructing Authority.

(c) The sinking and construction of any

bores or wells in accordance with the provisions of this subsection shall for all purposes be deemed to be a work to which this Act extends and the provisions of sections nine and twenty-five of this Act shall apply to and in respect thereof accordingly.

(4) I f -

(a) alternative works are not provided by the Con structing Authority in accordance with the provisions of subsection two of this section; or
(b) bores or wells are not sunk by the Constructing Authority in accordance with the provisions of subsection three of this section; or
(c) the quality of the water obtained from any such bores or wells is according to the decision of the Assessment Board, or of the Land and Valuation Court on appeal, inadequate,

the riparian owner shall be entitled to claim and be paid compensation in respect of the deprivation of riparian rights caused by or arising out of the carrying out of the work of river diversion.

32. (1) Every person claiming compensation under
the provisions of this Act, other than compensation as

provided in section twenty-one or subsection four of

the doing of the act in respect of which the claim for	section thirty of this Act, shall within ninety days after
compensation arises serve on the Constructing Authority
a notice in writing setting forth—•

fa) the nature of the estate or interest of the claimant in the land in respect of which the claim
for compensation arises;

(b) if he claims in respect of damage, the nature
of the damage which he has sustained or will
sustain by reason of the doing of the act out

of which the claim for compensation arises; and
(c) the amount of compensation which he claims.

The

The Const ruct ing Au thor i ty may in any par t i cu la r case

if the Const ruct ing Author i ty considers the circumstances so w a r r a n t extend the per iod of n inety days hereinbefore re fe r red to either before or after the expira t ion of the said period.

(2) (a) The Const ruct ing Au tho r i t y shall as soon

as pract icable af ter receipt of a notice of claim notify the claimant in wr i t ing whether the Const ruct ing Au thor i ty agrees to the amount claimed as compensat ion or not.
(b) If the Const ruct ing Author i ty does not agree to the amount claimed as compensat ion the Con s t ruc t ing A u t h o r i t y shall in so notifying the claimant specify in such notice the amount of compensat ion which

the Cons t ruc t ing Au thor i ty is p r e p a r e d to pay.
(3) If within ninety days af ter service of the notice re fe r red to in subsection one of this section the claimant and the Cons t ruc t ing Au thor i ty do not agree as to the amount of compensat ion the c la imant may refer the m a t t e r to the Assessment B o a r d to determine such amount .
Such reference shall be made in wr i t ing and signed by the claimant and shall specify an address for service of notices.
Upon any such reference being made the Assessment Board shall inquire into and determine the ma t t e r .

3 3 . (1) Any person who is dissatisfied with—

(a) any determination of the Assessment Board p u r s u a n t to the provis ions of subsection two of section th i r ty of this Ac t ; or
(b) any determination of the Assessment Board p u r s u a n t to the provis ions of section twenty- four or subsection three of section thir ty-one or subsection three of section thi r ty- two of this Act,

may within twenty-eight days af ter receipt of the notice referred to in p a r a g r a p h (c) of subsection two of section

th i r ty

t h i r ty of this Act or the announcement of the determina tion of the Assessment Board , as the case may be, appeal to the Land and Valuat ion Court agains t such deter minat ion.

(2) The appeal shall be made as prescr ibed by rules of court of the Land and Valua t ion Court and be accompanied by a fee of five pounds as securi ty for the costs of the appeal .

(3) The Land and Valuat ion Court shall have jurisdict ion to hear and determine the appeal and the decision of the said court shall be final.

3 4 . I n de termining the amount of any compensat ion payable in accordance with the provis ions of this Act the following principles shall app ly :—

(a)

there shall be taken into consideration and given effect to by way of set-off or aba tement any enhancement in value of the land in respect of which the claim for compensation ar ises directly or indirectly caused by any work to which this Act extends under taken, constructed or carr ied out by the Const ruct ing Author i ty Avhcther on

or adjoining such land or not but in no case shall

this provision opera te so as to require any

payment to be made by the claimant to the Construct ing Author i ty in considerat ion of such enhancement in va lue ;

(b)

the measure of the amount of compensation shall in all cases bo the direct pecuniary in jury to the claimant by the loss of something of substant ia l benefit accrued or accruing and shall not include remote, indirect or speculative damages .
3 5 . A n y compensat ion payable in accordance "With the provis ions of this Act shall be pa id by the Construct ing A u t h o r i t y to the c la imant or to his agent duly au thor ised in tha t behalf and such paymen t shall be m a d e —

(a) where the Constructing Authority and the claimant agree on the amount of such compensa t ion—within th i r ty days af ter such ag reemen t ;
(b) where the amount has been determined by the Assessment B o a r d and no appeal has been lodged against the decision of the Assessment Board—within th i r ty days after the expira t ion of the period within which such appeal could have been lodged;
(c) in every other case—within thirty days after the decision of the Land and Valuat ion Court .

3 0 . Any amount payable to a claimant as compensa t ion in accordance with the provis ions of this Act may be recovered from the Const ruct ing Author i ty as a debt in any court of competent jur isdict ion.
P A R T V.

FINANCE.
3 7 . The T r u s t shall be liable to contr ibute one-quar ter

of the cost of the construction, c a r ry ing out, operat ion and maintenance of any work to which this Act extends under taken constructed or car r ied out by the Construct ing Au tho r i t y and of the amount of any compensat ion payable by the Const ruct ing Au thor i ty in accordance with the provis ions of this Act.

The provis ions of this section shall not apply in any case where the T r u s t is liable to make contribution under section thir ty-eight or thir ty-nine of this Act.

38. Where a work to which this Act extends is under taken constructed or carried out by the Constructing Authority for the purpose of protecting or partially protecting a town or village from flooding or inundation and such work has been so undertaken constructed or carried out at the request or with the concurrence of the council of the local government area within which such town or village is situated—

(a)

such council shall be liable to contribute such percentage not exceeding twelve per centum of the cost of the construction, carrying out and maintenance of such work and of the amount of any compensation payable by the Constructing Authority in accordance with the provisions of this Act for or in respect of or arising out of the construction, carrying out and maintenance of such work, as the Constructing Authority having regard to the circumstances may determine; and

(b)

the Trust shall be liable to contribute one- quarter of the balance of the cost of the construc tion, carrying out and maintenance of such work and of the amount of any compensation payable by the Constructing Authority as aforesaid.
39. (1) In this section "protective work" means a

work which operates to protect or partially protect any

works vested in or othenvise under the control of any Department of the Government, statutory body or council	against flooding or inundation by the waters of the River	or waters overflowing from the River or against the
effects of any such flooding or inundation or against becoming or being liable to become endangered by the
effects of river bank erosion or potential river bank
erosion.
(2) (a) Where the Constructing Authority is of the opinion that any work which the Constructing Authority proposes under the authority of this Act to undertake, construct or carry out will be a protective work the Constructing Authority may call upon the appropriate Department of the Government, statutory

body

body or council to contr ibute towards the cost of the protect ive work such amount as may be mutual ly agreed upon and such Depar tment , s t a tu to ry body or council shall as soon as pract icable af ter agreement has been so reached p a y to the Const ruct ing Author i ty the amount of such contribution.

(b) Any amount pa id to the Const ruct ing

Au tho r i t y pu r suan t to the provis ions of this subsection

shall be pa id by the Cons t ruc t ing Au thor i ty into the

T r e a s u r y and car r ied to the Account.

one-quar ter of—
(i) the balance of the cost of the protect ive work ;
(ii) the cost of maintenance of the protective work; and
(iii) the amount of any compensation payable by the Const ruct ing Au tho r i t y in accordance wi th the provisions of this Act for or in respect of or a r i s ing out of the construct ion, c a r r y i n g out and maintenance of the protect ive work.

(3) If the Const ruct ing Au thor i ty and a council a r e unable to agree upon the amount of the contr ibut ion to be made by such council p u r s u a n t to the provis ions of subsection two of this section the difference shall be
de termined in the manner provided in section six hund red
and fifty-four of the Local Government Act, 1919, as
amended by subsequent Acts , and for the purpose of th is subsection any such difference shall be deemed to be a difference which the pa r t i e s have agreed to submit to the Minis ter for Local Government for de te rmina t ion in the manne r provided in the said section six hundred and fifty-four.

(4) W h e r e any works a re under taken , constructed

or car r ied out or a re proposed to be under taken , con s t ruc ted or car r ied out by a D e p a r t m e n t of the Govern ment , s t a tu to ry body or council for the protect ion or

pa r t i a l

partial protection of any works vested in or otherwise under the control of such Department, statutory body or

council, against flooding or inundation by the waters of
the River or waters overflowing from the River or against the effects of any such flooding or inundation or against becoming or being liable to become endangered by the

effects of river bank erosion or potential river bank

erosion and the Constructing Authority is of the opinion that having regard to all the circumstances a contribution towards the cost of the works undertaken, constructed or carried out or proposed to be undertaken, constructed
or carried out by such Department, statutory body or council is warranted, the Constructing Authority may

contribute towards such cost such amount as it deems fit.

(5) The Trust shall be liable to bear and pay

one-quarter of the amount of any contribution made pursuant to the provisions of subsection four of this

section.

40. (1) Subject to the provisions of this section the Trust shall be liable to pay and shall pay to the Con structing Authority in each financial year as hereinafter provided, on account of its liability for contribution in accordance with the provisions of sections thirty-seven, thirty-eight and thirty-nine of this Act, such amount as represents the sum of—

(a) one-quarter of—

(i)

the amount of the estimated cost of any works or portion thereof proposed to bo undertaken, constructed or carried out and completed by the Constructing Authority during that financial year; and

(ii)

the estimated amount of any compen sation likely to be payable during the financial year for or in respect of or arising out of the foregoing;

(b)

(b)

one-quarter of the amount of the estimated cost of maintenance work in respect of works previously completed which the Construct ing Au thor i ty considers should be under taken

dur ing tha t financial y e a r ;

(c)

one-quarter of the estimated amount of any other compensat ion payable or to become pay able by the Cons t ruc t ing Au thor i ty dur ing that

financial y e a r ;

(d)

one-quarter of the estimated amount of any contr ibut ion to be made or p roposed or likely to be made by the Const ruct ing Author i ty dur ing tha t financial y e a r p u r s u a n t to the provisions of subsection four of section th i r ty- nine of this A c t :

P rov ided that in calculat ing the T r u s t ' s liability under

this subsection—

(i) if any of the works re fe r red to in p a r a g r a p h
(a) or (b) of this subsection is a work in respect of which a council is requi red to cont r ibute in accordance with the provis ions of section th i r ty- eight of this Act or if any compensat ion re fe r red

to in p a r a g r a p h (c) of this subsection is com
pensat ion payable in respect of any such last-
mentioned work, there shall first be deducted
from the amount of the es t imated cost as refer red to in p a r a g r a p h (a) or (b) of this subsection or the es t imated amount of com pensat ion as re fer red to in p a r a g r a p h (c) of this subsection the amount which the council has been or will be required to p a y to the Cons t ruc t ing Au thor i ty in respect thereof dur ing the financial y e a r in accordance with the provisions of sections forty-two and for ty- three of this Act ; or

(ii)

(ii) if any of the works referred to in paragraph
(a) of this subsection is a work in respect of
which a contribution has been or will be received from a Department of (he Government, statutory body or council in accordance with the provisions of subsection two of section thirty-nine of this Act, there shall first be deducted from the estimated cost as referred to in paragraph (a) of this subsection the amount
of the contribution which has been or will be
so received during the financial year: and
(iii) there shall lie deducted any amount which the Trust has paid to the Constructing Authority pursuant to the provisions of this subsection during the previous financial year which remained unexpended at the close of the said previous financial year.

(2) The estimates referred to in this section shall

be made by the Constructing Authority whose decision

in regard thereto shall be final.

(3) The Constructing Authority shall before the

beginning of each financial year or as soon as practicable

after such beginning submit to the Trust for its concur

rence a programme of the works which the Constructing Authority proposes to undertake, construct or carry out during that financial year.

(4) Such programme of works shall be accom

panied by a statement setting forth:—

(a) tlie total amount which the Trust will be
liable to pay in the financial year in accordance
with the provisions of subsection one of this
section; and

(b) such other particulars as may be prescribed.
(5) The Trust shall with all due despatch give

consideration to the programme of works so submitted and shall inform the Constructing Authority whether or not it concurs in such programme.

(6)

(6) (a) If any difference ar ises between the

Constructing' Au thor i ty and the T r u s t as to the

p r o g r a m m e of works proposed to be under taken , con
s t ructed or ca r r ied out by the Const ruct ing Au tho r i t y the Const ruct ing Au thor i ty shall for thwith submit such difference to the Minis ter for Conservat ion who m a y refer the m a t t e r for inquiry to some person appointed by him in tha t behalf, or m a y himself make such inquiry.

(b) The Minister for Conservat ion may

the reupon make such de te rmina t ion as in the circum
stances of the case m a y seem to him proper .
(c) Any such de te rmina t ion shall be final and shall be given effect to by the T rus t and the Cons t ruc t ing Author i ty .
(d) I n making any such determinat ion there shall be taken into considerat ion the abil i ty of the T r u s t to meet from its resources i ts commitment p u r s u a n t to the provis ions of subsection one of this section as shown in the s t a tement re fer red to in subsection four of this section and any other commitments into which the T r u s t m a y have entered or may propose to enter in respect of the exercise of i ts powers , author i t ies , dut ies and functions under the H u n t e r Val ley Conservat ion T r u s t Act, 1950, as amended by subsequent Acts .
4 1 . (1) Upon the T r u s t hav ing informed the Con

s t ruc t ing Au tho r i t y of i ts concurrence in the p r o g r a m m e
Au thor i ty du r ing a financial year , or, in case of any of works proposed to be under taken by the Const ruct ing
difference having a r i sen between the T r u s t and the
Const ruct ing Au tho r i t y in respect thereof, upon the Minis ter for Conservat ion having made a de terminat ion in respect of such difference in accordance wi th the provis ions of subsection six of section for ty of th is Act, the T rus t shall pay to the Cons t ruc t ing Author i ty at such t imes and in such ins ta lments as the Const ruct ing Au tho r i t y may determine the amount which p u r s u a n t to the provis ions of subsection one of section for ty of this Act the T r u s t is liable to pay du r ing tha t financial year as shown in the s ta tement re fer red to in subsection four

of section forty of this Act or, where that amount has

been varied by reason of any determination made by the
Minister for Conservation in accordance with the
provisions of subsection six of section forty of this Act,

the amount as so varied.

(2) The amount paid to the Constructing

Authority by the Trust pursuant to the provisions of subsection one of this section shall be paid by the Constructing Authority into the Treasury and carried to an account to be opened in the Special Deposits
Account of the Treasury entitled the Hunter Valley Flood Mitigation Working Account from which Account so opened may be made in such manner as the Colonial

Treasurer determines any payments which the Con structing Authority is required to make under or for the purposes of this Act.

42. (1) (a) Where, in accordance with the provisions

of section thirty-eight of this Act, a council is liable to

contribute to the cost of the undertaking, construction or carrying out of any work and the amount of any com pensation payable for or in respect of or arising out of such undertaking, construction or carrying out, the
council shall be liable to pay and shall pay to the

Constructing Authority as hereinafter provided, on account of its liability for contribution in accordance with the provisions of the said section, the same percent age of the estimated cost of the undertaking, construc tion or carrying out of such work and of the estimated	amount of any compensation likely to be payable for or in
respect of or arising out of the foregoing as the council
is liable, in accordance with the provisions of the said section, to contribute to the cost of the undertaking,
construction or carrying out of such work and the amount
of any compensation payable for or in respect of or
arising out of such undertaking, construction or carrying out.

(b) The estimates referred to in this section

shall be made by the Constructing Authority whose

decision in regard thereto shall be final.

(2)

(2) W h e r e a council requests the Const ruct ing

Au thor i ty to under take , construct or ca r ry out a work to which this Act extends in respect of which the council is, in accordance with the provis ions of section th i r ty - eight of this Act, liable to contr ibute to the cost, or where the Const ruct ing Au tho r i t y requests the con currence of the council in the under tak ing , construction or ca r ry ing out by the Cons t ruc t ing Au thor i ty of any

such work, the Cons t ruc t ing Au thor i ty shall furnish the

council with a s ta tement se t t ing fo r th :—

(a)

the estimated cost of such work and of any compensation likely to be payable by the Con s t ruct ing Au thor i ty for or in respect of or a r i s ing out of the under tak ing , construction or ca r ry ing out of such work ;

(b)

the estimated annual cost of maintenance of the work and of any compensat ion likely to be payable by the Cons t ruc t ing Au tho r i t y for or in respect of or a r i s ing out of such main tenance ;

(c)

the percentage which, in accordance with the provisions of section th i r ty-e ight of th is Act, the Const ruct ing Au thor i ty has de termined t h a t the council should contr ibute to the cost of the under tak ing , construction or ca r ry ing out and maintenance of such work and the amount of any compensat ion payable by the Cons t ruc t ing Author i ty for or in respect of or a r i s ing out

of the under tak ing , construct ion or ca r ry ing out
and maintenance of such work ; and

(d) the amount which the council will be liable, in accordance with the provis ions of subsection one of this section, to pay.

(3) The council shall give considerat ion to the s ta tement so furnished and shall inform the Const ruct ing Au tho r i t y whether or not it concurs in the work being under taken , constructed or carr ied out.

(4)

(4) I f the council informs the Constructing

Authority that it concurs in the work being undertaken, constructed or carried out the council shall within one month thereafter or within such further period as the Constructing Authority may allow pay to the Construct ing Authority the amount which, pursuant to the provisions of subsection one of this section, the council is liable to so pay as shown in the statement referred to in subsection two of this section.

(5) When any work in respect of which a council

is required to contribute in accordance with the
provisions of section thirty-eight of this Act has been completed and all claims for compensation in respect

of or arising out of such work have been settled the

Constructing Authority shall determine the total amount paid in respect of such work and such compensation and the percentage of the total amount so determined which the council is required to contribute in accordance with the provisions of the said section and shall notify the

council accordingly.

(6) I f the amount paid by the council in

accordance with the provisions of subsection four of this
section exceeds the percentage referred to in subsection five of this section, the Constructing Authority shall

forthwith repay to the council the amount of such excess.

(7) I f the amount paid by the council in

accordance with the provisions of subsection four of this

section is less than the percentage referred to in sub

than one month after the first day of January next	section five of this section the council shall not laler
following the notification to the council of such per centage or within such further period as the Construct ing Authority may allow pay to the Constructing Authority the amount of such deficiency.

(8) Any amount paid to the Constructing

Authority by a council pursuant to the provisions of

subsections four and seven of this section shall bo paid

by the Constructing Authority into the Treasury and

carried to the Account.

4 3 . (1) (a) Where , in accordance with the provis ions

of section th i r ty-e ight of this Act, a council is liable to contr ibute to the cost of maintenance of any work and the amount of any compensat ion payable for or in respect of or a r i s ing out of such maintenance , the council shall be liable to p a y and shall p a y to the Const ruct ing Author i ty in each financial y e a r as here inaf te r provided, on account of i ts l iabil i ty for such contr ibut ion the same percentage of the es t imated cost of any maintenance of such work which the Cons t ruc t ing Au tho r i t y considers should be under taken dur ing the financial yea r and of the es t imated amount of any compensat ion likely to be payable dur ing the financial year for or in respect of or a r i s ing out of such maintenance or any maintenance of such work under taken dur ing a previous financial y e a r as the council is liable, in accordance with the provis ions of the said section, to contr ibute to the cost of main tenance of such work and the amoun t of any com pensat ion payable for or in respect of or a r i s ing out of

such ma in t enance :

P rov ided tha t in calculat ing the council 's l iabil i ty

under this subsection in respect of any financial year there shall be deducted any amount which the council has pa id to the Const ruct ing Author i ty in respect of such work p u r s u a n t to the provis ions of this subsection du r ing any previous financial yea r and which remained unexpended at the close of the immediately preceding

financial year .

(b) The es t imates re fe r red to in this section

shall be made by the Const ruct ing Au thor i ty whose

decision in r e g a r d there to shall be final.

(2) The Cons t ruc t ing Au tho r i t y shall before the

beginning of each financial yea r furnish the council, in respect of each work re fe r red to in subsection one of

this section, wi th a s ta tement set t ing fo r th :—

(a)

the amount which the council will be liable to p a y in accordance wi th the provis ions of sub section one of this section for tha t financial y e a r ; and

(b) such other pa r t i cu la r s as m a y be prescr ibed.

(3)

(3) The council shall within one month after

receipt of the statement referred to in subsection two

of this section or within such further period as the Con

structing Authority may allow pay to the Contracting Authority the amount which pursuant to the provisions

of subsection one of this section the council is liable to so
pay as shown in the said statement.
(4) Any amount paid to the Constructing

Authority by a council in accordance with the provisions

of subsection three of this section shall be paid by the
Constructing Authority into the Treasury and carried to the Account.
44. (1) I f in the opinion of the Constructing Authority the necessity arises in any financial year to undertake as a matter of urgency maintenance in respect
of any work undertaken, constructed or carried out under
the authority of this Act, the Constructing Authority may, notwithstanding that such maintenance has not been included in the programme of works referred to in sub
section three of section forty of this Act or has not been
included in any statement furnished to a council in accordance with the provisions of subsection two of sec tion forty-three of this Act, as the case may be, undertake and carry out such maintenance.
(2) When such maintenance has been completed

and all claims for compensation for or in respect of or
arising out of such maintenance have been settled, the
Constructing Authority shall determine the total amount paid in respect of such maintenance and of such compensation and—

(a) if the maintenance was undertaken in respect
of a work to which section thirty-eight of this
Act applies—notify the council and the Trust
of the respective amounts which the council and

the Trust are required to contribute in accor
dance with the provisions of that section;

(b)

(b)

in every other case—notify the Trust of the amount which the T r u s t is requi red to contri bute in accordance wi th the provisions of section thi r ty-seven of this Act.

(3) The T r u s t shall within one month af ter receipt

of any notification forwarded to the T r u s t p u r s u a n t to the provis ions of subsection two of this section p a y to the Const ruct ing Au thor i ty the amount set out in such notification.
(4) If any notification is forwarded to a council p u r s u a n t to the provis ions of subsection two of this section such council shall wi thin one month af ter the first day of J a n u a r y next following the receipt of such notification or wi thin such fu r ther per iod as the

Cons t ruc t ing Au thor i ty m a y allow p a y to the Construct
ing Au tho r i t y the amount set out in such notification.

(5) Any moneys pa id to the Const ruct ing

A u t h o r i t y by the T r u s t or a council in accordance wi th the provis ions of subsection three or four of this section shall be pa id by the Const ruct ing A u t h o r i t y into the

T r e a s u r y and car r ied to the Account.

P A R T VI .

MISCELLANEOUS AND GENEKAL.

4 5 . (1) I n this sect ion:—

" P r o t e c t i v e w o r k s " means works for the protect ion
or pa r t i a l protect ion of any works vested in or otherwise unde r the control of a Depar t ment of the Government , s t a tu to ry body or council, aga ins t flooding or inundat ion by the wa te r s of the River or wa te r s overflowing from the River or aga ins t the effects of any such flooding or inundat ion or aga ins t becoming or being liable to become endangered by the effects of r iver bank erosion or potent ia l r iver bank erosion.
(2)
(2)

(2) Where any Department of the Government,

statutory body or council proposes to undertake, con struct or carry out any protective works such Depart ment, statutory body or council shall not undertake, construct or carry out such protective works unless the Constructing Authority has approved of the site, nature;, dimensions and design of such protective works.

(3) In giving its approval the Constructing

Authority may require such amendment of the site, nature, dimensions or design of such protective works as the Constructing Authority may deem necessary and such Department, statutory body or council shall comply with such requirement accordingly.

(4) The Constructing Authority may by notice

in writing require the Department, statutory body or

council by which any protective works have been under

taken, constructed or carried out, whether such pro

tective works have been so undertaken, constructed or
carried out before or after the commencement of this

Act and whether or not any contribution was made by
the Constructing Authority towards the cost of such protective works under the provisions of subsection four

of section thirty-nine of this Act, to take such measures

for tlie proper upkeep, preservation and maintenance of

such protective works, and in such manner and within such time as may be specified in such notice, as the Constructing Authority may deem necessary and such Department, statutory body or council shall comply with the terms of any such notice accordingly.

(5) I f any statutory body or council fails to

comply with the terms of any notice given pursuant to the provisions of subsection four of this section, the Constructing Authority may authorise any person to enter upon the land on which the protective works in respect of which such notice has been given are located and there to carry out the measures specified in such

notice and may recover any cost incurred in so doing

from such statutory body or council in any court of competent jurisdiction as a debt due and owing to the Constructing Authority.

Any person who dest roys , damages or in terferes

in any way with or does any act which may tend to
destroy, damage or in terfere wi th :—

4 6 .

(a) any levee bank vested in or made, constructed or provided by, or under the maintenance and

control of the Const ruct ing A u t h o r i t y ; or
(b) any privately owned levee bank, other than a levee bank the maintenance and control of which has been taken over by the Const ruct ing Author i ty under section fourteen of this Act,

shall, unless in the case of a levee bank to which p a r a g r a p h (a) of this section applies he is act ing under the au thor i ty of the Const ruct ing Au tho r i t y or in any other case he is the owner thereof, be gui l ty of an offence and shall on summary conviction be liable to a penal ty not exceeding one hundred pounds or to impr isonment not exceeding three months and in addit ion shall be liable to p a y the value of any loss or damage caused by the offence.
4 7 . Any person who, except under the au thor i ty of the Const ruct ing Author i ty , des t roys , damages or in terferes in any way with or does any act which may tend to destroy, damage or in ter fere in any way with any work, s t ruc ture , or other th ing which p u r s u a n t to the provis ions of this Act is being or has been carr ied out, constructed, erected, placed, p lan ted or under taken by the Const ruct ing Au thor i ty on any lands or the bank

of the River or on or in the River shall be guil ty of an offence and shall on summary conviction be liable for

a first offence to a penal ty not exceeding fifty pounds and for any subsequent offence to a penal ty not exceeding one hundred pounds and in addi t ion shall be liable to pay the value of any loss or damage caused by the offence.

4 8 . Any person who, except under the au thor i ty of the Cons t ruc t ing Author i ty , r e t u r n s or causes to be r e tu rned to the River or to any p a r t of the bed or banks of the River any soil, sand, shingle, gravel , t rees ,

branches

branches or debris of any kind deposited on land by flood waters from the River flowing on to or over that land shall be guilty of an offence against this Act.

49. (1) The owner of any lands within the Hunter

Valley on which is constructed or erected a levee bank,

whether such levee hank was so constructed or erected

by the Constructing Authority or not, shall repair and
make good any damage occasioned to that levee bank

by stock or rabbits.

(2) I f default is made by any owner in complying

with the provisions of subsection one of this section the Constructing Authority may by notice in writing direct such owner to repair and make good such damage within such time as may be specified in such notice.

(3) I f any owner fails to comply with the terms

of any notice given him pursuant to the provisions of

subsection two of this section the Constructing Authority may authorise any person to enter the lands to which the notice relates and repair and make good such damage and may recover any cost incurred in so doing from such owner in any court of competent jurisdiction as a debt duo and owing by him to the Constructing Authority.

50. (1) I f in the opinion of the Constructing Authority any floodgate constructed or installed within

the Hunter Valley operates for the protection of lands

within a local government area other than lands owned
by one landholder or a small localised group of land

holders, the Constructing Authority may by notice in writing to the council of the local government area within which such floodgate is located declare such floodgate to

be a major floodgate.

(2) where any declaration is made pursuant to

the provisions of subsection one of this section it shall

be the duty of the council of the local government area

within which the major floodgate referred to in such

declaration

declarat ion is located thereaf ter to keep such floodgate
a t all t imes in a good and p rope r s ta te of r epa i r and working order and to main ta in and opera te the same in accordance with any directions which may from time to

t ime be given by the Const ruct ing Author i ty .
(3) If default is made by a council in observing and per forming the du ty imposed on tha t council under and by v i r tue of the provis ions of subsection two of this section the Const ruct ing Au thor i ty may at any time dur ing which such default continues author ise any person to enter the land on which is located the floodgate in respect of which default has been made and to ca r ry out such r epa ra t ive measures in connection with such flood gate or to opera te such floodgate, as the case may be, in such manne r and to such extent as the Const ruct ing Author i ty may deem necessary and may recover any cost incurred in so doing from such council in any court of competent jur isdict ion as a debt due and owing to the

Const ruct ing Author i ty .
5 1 . (1) Where any floodgate has been constructed or instal led within the H u n t e r Valley, and such floodgate has not been declared to be a major floodgate under section fifty of this Act the landholder or g roup of land holders for the protect ion of whose land such floodgate opera tes , shall cause such floodgate to be p roper ly main

of r epa i r and working order . ta ined and at all t imes kept in a good and p rope r s ta te ( 2 ) If default is made by any landholder or
g roup of landholders in complying with the provisions of subsection one of this section, the Const ruct ing Author i ty may by notice in wr i t ing direct such landholder or such persons as in the opinion of the Const ruct ing Author i ty a re within the g roup of landholders for the protect ion of whose land such floodgate opera tes to cause to be car r ied out such repara t ive measures and within such t ime as may be specified in such notice.

(3)

(3) if any landholder or person fails to comply with the terms of any notice given him pursuant to the provisions of subsection two of this section the Con structing Authority may authorise any person to enter the land on which is located the floodgate in respect

of which such notice has been given and to carry out

the reparative measures specified in the said notice and

may recover any cost incurred in so doing—

(a)

if such floodgate operates for the protection of the land of one landholder—from such land holder; or

(b)

if such floodgate operates for the protection of the land of persons referred to in the said subsection two—from any one or more of such persons,

in any court of competent jurisdiction as a debt due and

owing to the Constructing Authority.

(4) (a) The liability imposed on persons within

a group of landholders under the provisions of subsection

three of this section shall be joint and several but as between themselves each shall only be liable for that share of such liability as bears the same proportion to such liability as the area of his land for the protection of which the floodgate operates bears to the total area of land for the protection of which the floodgate operates.

(b) I f any such person pays to the Con

structing Authority more than his share of such liability he may recover the excess by way of contribution from

the others.

52. (1) If, by reason of any work undertaken, con structed or carried out by the Constructing Authority under the authority of this Act, any road vested in a

council is severed or is otherwise interfered with so as

to render the same impassable for, or dangerous, or extraordinarily inconvenient to passengers, carriages or

vehicles or to the persons entitled to the use thereof or is otherwise rendered incapable of use by such

passengers, carriages or vehicles or persons, then unless

there

there be, in the opinion of the Const ruct ing Author i ty , a suitable a l ternat ive road available for use, the Con

s t ruct ing Au thor i ty shall—•

(a)

if such road is capable of being restored to as good a condition as it was in at the t ime it was so in terfered with or as nea r thereto as may be—so res tore the road ; or

(b)

provide a new or substitute road and cause such road to be pu t into a substant ia l condition, equally convenient as the former road or as near there to as circumstances will allow,

as the Construct ing Author i ty may determine.
(2) The res tora t ion of any road or the provision of a new or subst i tu te road in accordance with the provis ions of subsection one of this section shall for all purposes be deemed to be a work to which this Act extends but the provis ions of subsection three of section nine of this Act shall not apply to or in respect thereof.
(3) The Const ruct ing Author i ty may cause any new or subst i tute road provided in accordance wi th the provis ions of subsection one of this section to be declared to be a public road and to be dedicated accordingly pur suant to the provis ions of section eighteen of the Public Roads Act, 1902, as amended by subsequent Acts.

(4) Notwi ths tanding any th ing contained in the

Local Government Act, 1919, as amended by subsequent Acts , where any new or subst i tu te road provided in accor dance with the provisions of subsection one of this section is constructed on any levee bank vested in, or made, constructed or provided by, or unde r the maintenance and control of the Const ruct ing Author i ty , the declara t ion of such new or subst i tu te road in accordance with the provis ions of subsection three of this section shall no t opera te to deroga te from or to in terfere in any w a y with the full control of such levee bank by the Con s t ruct ing Author i ty or the exercise by the Const ruct ing

Au thor i ty

Authority in respect of such levee bank of any powers authorities, duties and functions conferred or imposed on the Constructing- Authority by or under this Act but save as aforesaid (he council in which such road is vested shall be responsible for the maintenance and upkeep of the pavement of such road to the same extent as it would otherwise have been and may exercise and perform any

or all its powers, authorities, duties and functions under

the Local Government Act, 1919), as amended by
subsequent Acts, in respect thereof.

53. (1) Any person who contravenes or fails to comply with any of the provisions of this Act or with the terms, conditions, limitations and restrictions con tained in or imposed by any permit, notice or approval granted or given under any of the provisions of this Act shall be guilty of an offence against this Act.

(2) Any person who is guilty of an offence against

this Act for which no other penalty is expressly provided shall on summary conviction he liable for a first offence to a penalty not exceeding fifty pounds and for any subsequent offence to a penalty not exceeding one hundred pounds, and in the case of a continuing offence to a penalty not exceeding five pounds for every day for which such offence continues.

(3) Nothing in this section shall derogate from

or in any way affect any other remedy or any other

power which the Constructing Authority has or may

exercise in respect of any such offence.

54. Whenever by any provision of this Act any person

is liable to a penalty, such penalty may he recovered before any stipendiary magistrate or any two or more justices of the peace in petty sessions in accordance with

the Acts in force for the time being regulating summary

proceedings before justices.

55. Where pursuant to any provision of this Act the
Constructing Authority is empowered to recover any

cost incurred in carrying out any work or measure, a certificate by the Constructing Authority of the amount

of such cost shall be prima facie evidence of such cost.

56.

5 6 . (1) Any notice, direction or certificate required to be given p u r s u a n t to this Act shall be

sufficiently
given—

(a)

in any case where the Constructing Authority is the Minis ter for Publ ic "Works—if signed by the Director of Publ ic W o r k s or the person for the t ime being act ing as such or by any officer of the Depa r tmen t of Publ ic W o r k s duly au thor ised in tha t behalf by the Director of Publ ic W o r k s or the person for the t ime being act ing as such, as the case may b e ;

(b) in any case where the Cons t ruc t ing Author i ty
is the W a t e r Conservat ion and I r r i ga t ion Com mission—if signed by the secre ta ry to the Com mission or the person for the t ime being act ing as such or by any officer of the Commission duly author ised in t ha t behalf by the secre tary to the Commission or the person for the t ime being act ing as such, as the case m a y be.

(2) A n y notice or direction required to be given p u r s u a n t to the provis ions of this Act m a y be served personal ly or by pos t and if served by pos t and not r e tu rned th rough the post office undel ivered shall be deemed to have been served a t the t ime when the same would have been delivered in the o rd ina ry course of post .
(3) A n y notice or direct ion served by pos t shall
be deemed to be sufficiently served if posted to the address

las t known to the Const ruct ing Au thor i ty of the person upon whom the notice or direction is to be se rved :

P rov ided tha t where no such address is known to the Cons t ruc t ing Au thor i ty or any address so known to the Cons t ruc t ing Au tho r i t y is outside the Commonweal th of Aus t r a l i a any such notice or direct ion shall be deemed to be sufficiently served if served upon any person appa ren t ly hav ing the care, control or management of the lands to which such notice or direction re la tes .

(4) I n this section the expression " D i r e c t o r of

Publ ic W o r k s " means the Direc tor of Public W o r k s or other the pe rmanen t head for the time being of the

Depa r tmen t of Publ ic Works . 57 .

57. Except as expressly in this Act provided and

notwithstanding any statute or rule or principle of law

or equity to the contrary, no person shall have against

the Crown or any Minister thereof or the Constructing Authority or any officer, servant or other employee or agent of the Crown or of any Minister thereof or of the Constructing Authority:—•

(a) any right or claim to damages or to an injunc tion or to any other redress or any other right
or claim whatsoever or any remedy whatsoever
in any suit, action or other legal proceeding or in any other proceeding whatsoever in respect
of any nuisance connected with or in any way
arising out of the construction, execution, carrying out or undertaking of any work to which this Act extends or the alteration, main tenance or operation of any such work or the disrepair, non-repair or non-maintenance
thereof or by reason of any such work being
wholly or partly destroyed or otherwise damaged or affected by flood, storm or tempest
or otherwise howsoever or connected with or
in any way arising out of the exercise by the Constructing Authority of any of the powers, authorities, duties and functions conferred or imposed on the Constructing Authority by or under this Act, or

(b)

any right or claim to abate or remedy any such nuisance.

58. (1) The Governor may make regulations not

inconsistent with this Act prescribing all matters which

by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for

carrying out or giving effect to this Act.

Without prejudice to the generality of the foregoing, regulations may bo made for and with respect to the prescribing of the portions of the Hunter Valley in respect of which the Minister for Public Works is to be the Constructing Authority.

(2)

(2) The regulations shall—
(a) be published in the Gazette;

(b) take effect from the date of publication or from a later date to be specified in the regulations;
(c) be laid before both Houses of Parliament within fourteen sitting days after publication. if Parliament is then in session, and if not, then within fourteen sitting days after the commence- ment of the next session.

(3) If either House of Parliament passes a resolution of which notice has been given within fifteen sitting days after such regulations have been laid before such House disallowing any regulation or part thereof, such regulation or part shall thereupon cease to havo effect.

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

P A R T	I.—PRELIMINARY.
P A R T	II .—CONSTRUCTION OF WORKS.
P A R T	I I I .—POWERS OF CONSTRUCTING AUTHORITY.
P A R T	IV.—COMPENSATION.

P A R T	V . — F I N A N C E .
P A R T	VI.—MISCELLANEOUS AND GENERAL.

"Occupier" means the person in actual occupation	or for the time being entitled to the possession	of any land and includes where the person so
entitled does not reside on the land his resident manager or other person having the care, con trol or management of the land and where any land is vested in a council means that council.

(f)	the construction or provision of flood
escapes and the improvement of flood escapes and floodways;
(g)	the construction or provision of flood gates and the improvement of flood

(a)	in respect of those portions of the Hunter Valley which are prescribed as being the portions of the Hunter Valley in respect of which the Minister Authority, be the Minister for Public Works, for Public Works is to bo the Constructing
(b)	in respect of those portions of the Hunter Valley not being those portions in respect of which the

of this Act, cease to a p p l y ; and
(b)	all licenses, permits and authorities for joint wa le r supply schemes issued under the provis ions of the said P a r t I I in respect of works to which tha t P a r t extends and in force immediately before such commencement shall upon such commencement be revoked and cease to be of any force or effect.

author ised by the Cons t ruc t ing Au thor i ty	shall	have
power a t any t ime—

(a)	except as in this section provided no person shall be entitled to claim or be paid any compen sation whatsoever arising out of the entry on and use of such land;
(b)	if arising out of the entry on and use of such land damage or injury is caused to adjoining land or to any building, structure, stock, crop, property or other thing on such land or such adjoining land any person injuriously affected shall be entitled to claim and be paid compen sation in respect of such damage or injury;
(c)	where any work has been carried out on any lands which before the carrying out of such work were owmcd and worked as one property and the lands available for use after the carrying out of such work are insufficient to enable the purpose for which the lands were used immedi

W h e r e a levee bank is constructed or erected by the Const ruct ing Author i ty for the protect ion from	flood-
wa te r s of a town or vil lage on land which—

(a)	derives no protection from floodwaters from the construct ion or erection of such levee b a n k ; and
(b)	is detrimentally affected or is likely to be det r imenta l ly affected by more intensive or prolonged flooding or inundat ion by reason of such construct ion or erection than would other wise have been the case,

the owner of such land shall be enti t led to claim and be	paid, in addi t ion to any compensat ion to which be may be
entit led by reason of the acquisit ion of any land for the construct ion or erection of such levee bank, compensat ion for any loss or in jury sus ta ined by h im in respect of his land being de t r imenta l ly affected or being likely to be det r imenta l ly affected by the construction or erection of such levee bank.

or (b) or the severed p a r t s re fe r red to in p a r a g r a p h	(c)
of this subsection, as the case m a y require .

or	well ;
(ii) the location, quant i t ies and qual i ty of	all

here inaf te r provided appeal to the L a n d and	Valua t ion
Cour t aga ins t any such de terminat ion and	order .

(a)	alternative works are not provided by the Con structing Authority in accordance with the provisions of subsection two of this section; or
(b)	bores or wells are not sunk by the Constructing Authority in accordance with the provisions of subsection three of this section; or
(c)	the quality of the water obtained from any such bores or wells is according to the decision of the Assessment Board, or of the Land and Valuation Court on appeal, inadequate,

3 3 . (1) Any person who is dissatisfied with—
(a)	any determination of the Assessment Board p u r s u a n t to the provis ions of subsection two of section th i r ty of this Ac t ; or
(b)	any determination of the Assessment Board p u r s u a n t to the provis ions of section twenty- four or subsection three of section thir ty-one or subsection three of section thi r ty- two of this Act,

(a)	there shall be taken into consideration and given effect to by way of set-off or aba tement any enhancement in value of the land in respect of which the claim for compensation ar ises directly or indirectly caused by any work to which this Act extends under taken, constructed or carr ied out by the Const ruct ing Author i ty Avhcther on	or adjoining such land or not but in no case shall	this provision opera te so as to require any
payment to be made by the claimant to the Construct ing Author i ty in considerat ion of such enhancement in va lue ;
(b)	the measure of the amount of compensation shall in all cases bo the direct pecuniary in jury to the claimant by the loss of something of substant ia l benefit accrued or accruing and shall not include remote, indirect or speculative damages .

(a)	where the Constructing Authority and the claimant agree on the amount of such compensa t ion—within th i r ty days af ter such ag reemen t ;
(b)	where the amount has been determined by the Assessment B o a r d and no appeal has been lodged against the decision of the Assessment Board—within th i r ty days after the expira t ion of the period within which such appeal could have been lodged;
(c)	in every other case—within thirty days after the decision of the Land and Valuat ion Court .

Au tho r i t y pu r suan t to the provis ions of this	subsection
shall be pa id by the Cons t ruc t ing Au thor i ty into	the

(a)	the estimated cost of such work and of any compensation likely to be payable by the Con s t ruct ing Au thor i ty for or in respect of or a r i s ing out of the under tak ing , construction or ca r ry ing out of such work ;
(b)	the estimated annual cost of maintenance of the work and of any compensat ion likely to be payable by the Cons t ruc t ing Au tho r i t y for or in respect of or a r i s ing out of such main tenance ;
(c)	the percentage which, in accordance with the provisions of section th i r ty-e ight of th is Act, the Const ruct ing Au thor i ty has de termined t h a t the council should contr ibute to the cost of the under tak ing , construction or ca r ry ing out and maintenance of such work and the amount of any compensat ion payable by the Cons t ruc t ing Author i ty for or in respect of or a r i s ing out

of the under tak ing , construct ion or ca r ry ing	out
and maintenance of such work ; and
(d)	the amount which the council will be liable, in accordance with the provis ions of subsection one of this section, to pay.

shall be made by the Const ruct ing Au thor i ty whose
decision in r e g a r d there to shall be	final.

(b)	in every other case—notify the Trust of the amount which the T r u s t is requi red to contri bute in accordance wi th the provisions of section thi r ty-seven of this Act.
(3)	The T r u s t shall within one month af ter receipt

of the River or on or in the River shall be guil ty of an	offence and shall on summary conviction be liable for
a first offence to a penal ty not exceeding fifty pounds and for any subsequent offence to a penal ty not exceeding one hundred pounds and in addi t ion shall be liable to pay the value of any loss or damage caused by the offence.
4 8 . Any person who, except under the au thor i ty of the Cons t ruc t ing Author i ty , r e t u r n s or causes to be r e tu rned to the River or to any p a r t of the bed or banks of the River any soil, sand, shingle, gravel , t rees ,

(a)	if such floodgate operates for the protection of the land of one landholder—from such land holder; or
(b)	if such floodgate operates for the protection of the land of persons referred to in the said subsection two—from any one or more of such persons,

(a)	if such road is capable of being restored to as good a condition as it was in at the t ime it was so in terfered with or as nea r thereto as may be—so res tore the road ; or
(b)	provide a new or substitute road and cause such road to be pu t into a substant ia l condition, equally convenient as the former road or as near there to as circumstances will allow,

5 6 . (1) Any notice, direction or certificate required to be given p u r s u a n t to this Act shall be	sufficiently
given—

(a)	in any case where the Constructing Authority is the Minis ter for Publ ic "Works—if signed by the Director of Publ ic W o r k s or the person for the t ime being act ing as such or by any officer of the Depa r tmen t of Publ ic W o r k s duly au thor ised in tha t behalf by the Director of Publ ic W o r k s or the person for the t ime being act ing as such, as the case may b e ;
(b) in any case where the Cons t ruc t ing	Author i ty

(b)	any right or claim to abate or remedy any such nuisance.
58. (1) The Governor may make regulations not