Hunter Valley Flood Mitigation (Amendment) Act 1975 (NSW)

HUNTER VALLEY FLOOD MITIGATION

(AMENDMENT) ACT.

ANNO VICESIMO QUARTO

ELIZABETHE II REGINE

Act No. 61 ,1975 .

An Act to enable the area in respect of which works can be carried out under the Hunter Valley Flood Mitigation Act, 1956, to be enlarged by way of regulation; for this and other purposes to amend that Act; and for purposes connected therewith. [Assented to, 23rd October, 1975.] BE

Council and Legislative Assembly of New South Wales in	BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative
Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the "Hunter Valley Flood

Mitigation (Amendment) Act, 1975".

2 . The Hunter Valley Flood Mitigation Act, 1956, is

amended—

(a)

by inserting in the definition of "Hunter Valley" in section 2 (1) after the word "River" the words ", and includes so much of any land, prescribed for the purposes of this definition, that is outside that catchment area and is, as at the date of commence­ ment of the Hunter Valley Flood Mitigation (Amendment) Act, 1975, inside the boundaries of the Shire of Coolah, Lake Macquarie, Mudgee, Murrurundi, Port Stephens or Rylstone";

(b)

by omitting section 7 and by inserting instead the

following section :—

7. (1 ) Part I I of the Water Act, 1912, section

26D excepted, does not apply to the lower river.

(2) All licenses, permits and authorities for
joint water supply schemes that were issued under

the provisions of Part I I of the Water Act, 1912,

in

in respect of works to which that Part extends and would, but for this subsection, be in force in respect of the lower river—

(a) do not have any force; and

(b) are revoked at the time when they cease to have any force by virtue of paragraph ( a ) .

(c)	by omitting from section 8 (3) (a) the words "the lower river, constructed or erected before the commencement of this Act" and by inserting instead the words "a part of the lower river, constructed or erected before the date that the portion of the Hunter Valley through which that part of the River flows was first prescribed for the purposes of section
2 (2 ) ( a ) " ;

(d)	(i)	by omitting from section 40 (6) (a) the words "the Minister for Conservation" and by inserting instead the words "a Minister of the Crown (other than the Minister for Public Works) appointed by the Governor for the purposes of this subsection,";
(ii)	by omitting from section 40 (6) (b) the words "The Minister for Conservation" and by inserting instead the words "The Minister
appointed pursuant to paragraph ( a ) " ;

(e) (i) by omitting from section 41 (1) the words
"Minister for Conservation having made" and

by inserting instead the words "making of";

( i i )

(ii)   by omitting from section 41 (1) the words "by the Minister for Conservation";

(iii)   by omitting from section 41 (2) the word "Colonial".

METROPOLITAN