Irrigation Act and Another Act Amendment Act 1983 (Qld)

432 (Queenatunb ANNO TRICESIMO SECUNDO ELIZABETHAE SECUNDAE REGINAE No. 36 of 1983 An Act to amend the Irrigation Act 1922 - 1979 and the Water Act 1926-1981 each in certain particulars and for another purpose [ ASSENTED TO 22ND APRIL, 1983]

Irrigation Act and Another Act Amendment Act 1983, No. 36 433 BE IT ENACTED by the Queen ' s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same , as follows:- 1. Short title and citation . This Act may be cited as the Irrigation Act and Another Act Amendment Act 1983. 2. Arrangement . This Act is arranged as follows:- PART I-PRELIMINARY (ss. 1-2); PART 11-AMENDMENTS OF IRRIGATION ACT 1922-1979 (ss. 3-6); PART III-AMENDMENTS OF WATER ACT 1926-1981 (ss. 7-13). PART 11-AMENDMENTS OF IRRIGATION ACT 1922-1979 3. Principal Act and citation as amended . (1) In this Part, the Irrigation Act 1922-1979 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Irrigation Act 1922-1983. 4. Repeal of and new s. 19. The Principal Act is amended by omitting section 19 and substituting the following section:- " 19. Orders in Council . Section 28A of the Acts InterpretationAct1954-1977 shall apply with respect to Orders in Council made for the purposes of this Act and, for the purposes of such application, that section shall be read and construed as if references to regulations were references to Orders in Council made for the purposes of this Act.". 5. Amendment of penalties . (1) Part I of the Schedule to the Principal Act is amended as set out in Part I of the Schedule hereto. (2) Part II of the Schedule to the Principal Act is amended as set out in Part II of the Schedule hereto. 6. Power to make regulation . It is hereby declared that subregulations 8, 9, 10, 11 and 12 of regulation No. 12 made under " The Irrigation Acts 1922 to 1949 " and " The Irrigation Acts Amendment Acts 1933 to 1949 " made on 5 April 1951, published in the Gazette on 7 April 1951 and renumbered as subregulations 8, 9, 10, 11 and 12 of regulation No. 3 by regulations published in the Gazette on 17 July 1965 were validly made and took effect accordingly until 5 November 1981 and any action taken by the Governor in Council or any person acting pursuant to those subregulations shall for all purposes be deemed to have been validly taken and this section shall be given retrospective effect accordingly.

434 Irrigation Act and Another Act Amendment Act 1983, No. 36 SCHEDULE AMENDMENT OF PENALTIES IN PRINCIPAL ACT Provision to be Amended Omit Substitute Clause 15 (1) Clause 15 (1) Clause 42 Clause 43 Clause 44 Clause 44 Clause 44B (1) Clause 44B (1) Clause 44D Clause 45 Clause 45 Clause 47 (1) Clause 47 (1) PART I five pounds . . twenty shillings one hundred pounds five pounds fifty pounds five pounds fifty pounds five pounds of not less than ten pounds nor more than one hundred pounds twenty pounds forty shillings twenty pounds forty shillings $200 $20 $1,000 $100 $500 $100 $200 $20 not exceeding $500 $200 $20 $200 $20 Clause 37 Clause 37 PART II fifty pounds five pounds $1,000 $100 PART 111-AMENDMENTS OF WATER ACT 1926-1981 7. Principal Act and citation as amended . (1) In this Part, the Water Act 1926-1981 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Water Act 1926-1983. 8. Amendment of s. 17. Section 17 of the Principal Act is amended in subsection (6) by omitting the final paragraph beginning with the words "A copy of all such alterations ". 9. Amendment of s. 27. Powers and duties of Board . Section 27 of the Principal Act is amended in subsection (2) by omitting the final sentence beginning with the words "A copy of all such alterations ". 10. Amendment of s. 35. Rates to carry interest . Section 35 of the Principal Act is amended by omitting the word " ten " and substituting the word " fifteen ".

-ration Act and Another Act Amendment Act 1983, No. 36 435 11. Amendment of s. 58 . Penalty for alterations of licensed work or contravention of license . Section 58 of the Principal Act is amended in subsection (2) by inserting after the word " liable " the words " in the case of a sub-artesian well to a penalty not exceeding $1 000 and a further daily penalty not exceeding $100 and in the case of an artesian well ". 12. Amendment of s. 77. Regulations . Section 77 of the Principal Act is amended in subsection (3) by omitting the words " fourteen days " where twice occurring and substituting the words " fourteen sitting days " in each case. 13. New s. 78. The Principal Act is amended by inserting after section 77 the following section:- " 78. Orders in Council . Section 28A of the Acts InterpretationAct1954-1977 shall apply with respect to Orders in Council made for the purposes of this Act and, for the purposes of such application, that section shall be read and construed as if references to regulations were references to Orders in Council made for the purposes of this Act.".