Irrigation (Amendment) Act 1941 (NSW)
IRRIGATION (AMENDMENT) ACT.
Act No. 54, 1941.
An Act to make provision for the imposition of rates for certain purposes on certain lands within the Coomealla Irrigation Area; to make provision for the repayment of part of the capital cost of certain works of drainage within that Irrigation Area; to repeal section 145c of the Crown Lands Consolidation Act, 1913; to amend the Irrigation Act, 1912-1931, the Crown Lands Consolidation Act, 1913, the Water Act, 1912-1940, the Public Works Act, 1912, and certain other Acts in certain respects; and for purposes connected therewith. [Assented
(Amendment) Act, 1941." (2)
to, 13th November, 1941.]
lative Council and Legislative Assembly of New South BE it enacted by the King's Most Excellent Majesty, by and ■with the advice and consent of the Legis
"Wales in Parliament assembled, and by the authority of
the same;, as follows :—
PART I.
PRELIMINARY.
1 . (1) This Act may be cited as the "Irrigation
( 2 ) This Act is divided into P a r t s as follows:— P A R T I .—PRELIMINARY. P A R T
I I . — R A T E S AND CONTRIBUTIONS I N RESPECT OP
THE COOMEALLA IRRIGATION AREA D E E P DRAINAGE W O R K S .
P A R T I I I . — A M E N D M E N T OP THE IRRIGATION A C T , 1 9 1 2 - 1 9 3 1 .
P A R T I V . — A M E N D M E N T OP THE CROWN LANDS
CONSOLIDATION A C T , 1 9 1 3 .
P A R T V . — A M E N D M E N T OF THE W A T E R A C T , 1 9 1 2 - 1 9 4 0 .
P A R T V I . — A M E N D M E N T OP THE P U B L I C W O R K S A C T , 1 9 1 2 .
(3) The I r r iga t ion Act, 1 9 1 2 - 1 9 3 1 , as amended by subsequent Acts and by this Act, may be cited as the
I r r iga t ion Act, 1 9 1 2 - 1 9 4 1 .
( 4 ) The W a t e r Act, 1 9 1 2 - 1 9 4 0 , as amended by this
Act, may be cited as the W a t e r Act, 1 9 1 2 - 1 9 4 1 .
P A R T I I .
RATES AND CONTRIBUTIONS IN RESPECT OF THE COOMEALLA
IRRIGATION AREA D E E P DRAINAGE W O R K S .
2. I n this P a r t — " B a n k " means the Rura l Bank of New South Wales . " 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
I r r i ga t ion Act, 1 9 1 2 , as amended by subsequent Acts .
" I r r i g a t i o n a r e a " means the Coomealla I r r i ga t ion
A r e a const i tuted under the I r r iga t ion Act, 1 9 1 2 , as amended by subsequent Acts .
" O w n e r " in relat ion to land, includes every person
who jointly or severally, whether a t law or in
equity—
(a)
is entitled to the land for an estate of freehold in possession; or
(b)
is a person to whom the Crown has lawfully contracted to g r a n t the fee- simple under the Crown Lands Acts or any other Act re la t ing to the al ienation of lands of the Crown; or
(c)
(c)
is entitled to receive, or is in receipt of, or if the land were let to a tenant would be entit led to receive, the ren t s and profits thereof, whether as bene ficial owner, t rus tee , mor tgagee in possession or o therwise :
P rov ided tha t the Crown shall be deemed to be the owner of—
(i) all lands of the Crown; and
(ii) all lands vested in a statutory body represen t ing the Crown as defined in the Local Government Act, 1919.
" O w n e d , " " o w n i n g " and similar expressions have a meaning corresponding with tha t of owner.
" R a t a b l e p e r s o n , " " p e r s o n r a t a b l e " and s imilar expressions include the Crown in respect of
ra tab le land owned by the Crown and mean—
(a)
an owner in any case where this Part provides tha t a ra te of contr ibut ion shall be paid by the owner ;
(b)
the holder of a lease in any case where this P a r t provides tha t a r a t e of com t r ibut ion shall be paid by the holder of the lease.
" R a t i n g y e a r " means the per iod from the first day
of J u l y in one year to the th i r t ie th day of J u n e in the next following year .
" W o r k s of d r a i n a g e " mean the works of d ra inage constructed under the au thor i ty of the Coomealla I r r iga t ion Area Deep Dra inage Act, 1939.
3. (1) W h e r e the Commission is satisfied tha t any land within the i r r iga t ion a rea (not being land within
the boundar ies of a city, town or village as defined inthe Crown Lands Consolidation Act, 1913) is benefited or is capable of being benefited by the works of d ra inage , the Commission may, by notification in the Gazet te , declare such land to be benefited land for the purposes of this P a r t , and shall, in any such notification, define the land thereby declared to be benefited land.
(2) W h e r e the Commission is satisfied t ha t by
reason of any a l tera t ion or extension of or addi t ion to
the
the works of dra inage , or by reason of any other circum stance whatsoever , any other land within the i r r iga t ion a rea (not being land within the boundar ies of a city, town or village as defined in the Crown Lands Consolida t ion Act, 1913) is benefited or is capable of being benefited, the Commission may, by notification in the Gazette , declare such other land to be benefited land for the purposes of this P a r t , and shall, in any such notifica tion, define the land thereby declared to be benefited land.
(3) W h e r e the Commission is satisfied tha t any land which has been declared to be benefited land for the purposes of this P a r t has ceased to benefit or to be capable of being benefited by the works of dra inage , the Commission may, by notification in the Gazette, declare t ha t such land is no longer benefited land, and shall, in any such notification, define the land thereby declared to be no longer benefited land.
(4) Any notification under subsection one, sub section two or subsection three of this section may define the land therein refer red to by reference to a map or p lan sealed with the seal of the Commission and filed in the office of the Commission.
(5) Any notification under subsection two or sub section three of this section shall have and take effect as from the commencement of the ra t ing year next af ter the date of publication of the notification. Such notifica tion shall not affect the opera t ion of any charge of r a t e s on the land exist ing a t the da te the notification takes effect nor shall it exempt any person from liability to pay
such ra tes . 4 . (1) All benefited land (whether the p rope r ty of the Crown or not) shall be ra table except—
(a)
land which is vested in the Crown or in a public body or in t rus tees and is used for a public
cemete ry ; and (b)
land which is vested in the Crown or in a public body or in t rus tees and is used for a common; and
(c)
land which is vested in the Crown or in a public body or in t rus tees and is used for a public
r e se rve ; and (d)
(d)
land owned by the Crown not being land held unde r a lease f rom the Crown for p r iva te
p u r p o s e s ; and (e) land which is a public p lace ; and
(f)
land leased to trustees for charitable purposes for the promot ion and encouragement of educa t ion a t the public school a t Dare ton and for the benefit and advantage and welfare of the said school and the scholars thereof.
I n this subsection the express ions "pub l i c r e s e r v e "
and "pub l i c p l a c e " have the meanings ascribed there to respectively in the Local Government Act, 1919. (2) W h e r e ra tab le land is owned by the Crown and is held by any person under a lease therefrom, the r a t e s and the contr ibut ions fixed and levied under this P a r t in respect of t ha t land shall be pa id by the holder of
the l ease :
P rov ided tha t where a Crown lease is t r ans fe r r ed by
way of mor tgage r a t e s or contr ibut ions m a y not be recovered by the bank from the mor tgagee unless and unt i l the bank has failed to recover them from the mor tgagor .
(3) W h e r e ra tab le land is held under a lease from the Crown by two or more persons successively in the same r a t i ng year , whether with or wi thout any in terval between the i r holding, the Commission may, if it thinks fit—
(a)
make such adjustment (if any) of the rate and of the contr ibut ion whether pa id or unpa id as i t
thinks p r o p e r between such p e r s o n s ; (b) direct the bank to make any refund in accordance
wi th the ad jus tmen t ;
(c) direct the bank to wr i te off any amount in respect of the in te rva l between the holding of such persons .
The bank m a y recover from each of such persons his p ropor t ion of the r a t e and of the contr ibut ion as
fixed
by the adjus tment . 5. (1) (a) Rates and contr ibut ions under this P a r t shall be payable in respect of all ra table land.
(b) Ra tes under th is P a r t shall be fixed for the
purpose of defraying the cost of the control, maintenance,
management
management and repa i r of the works of dra inage , and shall be fixed in respect of the a rea of benefited land owned by each ra tab le person.
(2) A contribution towards the capi tal cost of the works of d ra inage a t the ra te of eight pounds pe r acre of benefited land shall be payable in respect of all ra tab le land.
(3) All r a tes under this P a r t shall be fixed by the Commission and shall be pa id to the bank.
(4) All contr ibut ions under this P a r t shall be pa id
to the bank.
6. E v e r y ra te and contr ibut ion shall, except where th is P a r t otherwise provides , be pa id to the bank by the owner of the benefited land.
7. Rates unde r this P a r t shall be fixed by the Com mission for and dur ing each r a t i ng year , and the first r a t ing year shall be deemed to have commenced on the first clay of Ju ly , one thousand nine hundred and for ty- one.
8. (1) E v e r y ra te shall be levied by the service of a r a t e notice and every contr ibut ion shall be levied by the service of a contr ibut ion notice.
(2) E v e r y r a t e and every contr ibut ion shall be levied in respect of a separa te parcel of land, but the r a t e or contr ibut ion in respect of any parcel of land may be included in the r a t e notice or contr ibut ion notice in respect of any other parcel of land.
(3) E v e r y r a t e and every contr ibut ion in respect of any land shall be levied upon the person ra table in
respect of the land, tha t is to say— (a) upon the owner, in any case where this Part
provides tha t the r a t e or the contr ibut ion shall be pa id by the owner ; and
(b) upon the holder of a lease, in any case where this P a r t provides tha t the r a t e or the contr ibu tion shall be pa id by the holder of the lease. (4) In any case where more than one person is an owner or holder of the land within the meaning of this P a r t , the r a t e or contr ibut ion m a y be levied upon any one or more of such persons , and the bank may recover the
r a t e
ra te or the contr ibut ion as agains t any person upon whom the r a t e or the contribution, as the case may be, is so levied:
P rov ided tha t nothing in this subsection shall entitle the bank to recover more than the full amount of the r a t e or the contr ibut ion as the case m a y be.
(5) W h e r e land which was not ra tab le has become ratable , the r a t e in respect thereof shall be p ropor t iona te to the por t ion of the yea r dur ing which the land is ra table .
(6) W h e r e land which was ra tab le becomes not ra table , p a r t of the r a t e pa id in respect thereof p ropor t ionate to the per iod of the year dur ing which the land is not ra table shall be refunded by the bank.(7) Rates and contr ibut ions shall be payable by the person ra table in respect of any land, whether or not he uses the works of dra inage .
9. E v e r y contr ibut ion payable unde r this P a r t shall
be paid by fifteen equal consecutive annual ins ta lments , and the first ins ta lment shall be payable on the th i r t ie th day of J u n e or the thirty-first day of December whichever first follows the da te of service by the bank of the con t r ibut ion notice. In t e re s t a t the r a t e of four pe r centum pe r annum shall be payable on so much of the contribu tion as is for the t ime being unpaid , such interes t to be pa id on the same days as the ins ta lments of contr ibution.
10. (1) E v e r y r a t e and every contr ibut ion under this
P a r t shall be a charge on the land in respect of which the ra te or contr ibut ion is levied, in p r io r i ty to all sales, conveyances, t r ans fe r s , mor tgages , charges , l iens and
encumbrances wha t soeve r :
P rov ided tha t—
(a ) no such charge for any ra t e or contr ibut ion shall be of any effect as aga ins t a bona-fide purchaser for value who at the t ime of purchase made due inquiry but had no notice of the l iabi l i ty; and (b) a purchaser shall be deemed to have made due inquiry who has obtained a wr i t ten s ta tement from the bank as to the amount (if any) of r a t e s and contr ibut ions which ,are still unpaid.
(2) W h e r e the land is .owned by the Crown the charge shall not affect or extend to the es ta te or in teres t of the Crown in the land.
(3)
(3) The charge shall r ank p a r i passu wi th any o ther charge on the land under any other Act .
E v e r y ra tab le person shall become liable to the paymen t of ra tes fixed under th is P a r t on the th i r t ie th d a y of J u n e or the thirty-first day of December which ever first follows the service upon h im by the bank of a
11 .
r a t e notice. A r a t e notice or a contr ibut ion notice unde r this P a r t m a y be served upon the ra tab le person—
12.
(a) pe rsona l ly ; or
(b) by delivering the same at or on the premises a t which the ra tab le person lives or car r ies on business or by leaving the same with any person apparen t ly above the age of fourteen years
resident or employed t h e r e a t ; or (c) by posting the same to the ratable person by p repa id le t ter addressed to the ra table person a t his place of abode or business las t known to the bank. 13. (1) The amount due for any r a t e under this P a r t
shal l be increased by a sum calculated at the r a t e of five p e r centum pe r annum from the due date of payment unt i l payment is made and the increase shall be deemed to be p a r t of the ra te .
( 2 ) The increase in the r a t e s unde r th is section
shall continue to app ly to all unpa id ra tes notwi th s tand ing tha t judgment m a y have been obtained in any
court , including the dis t r ic t court . A n y r a t e or ins ta lment of contr ibut ion under this P a r t m a y be recovered by the bank as a debt in any
14.
cour t of competent jurisdict ion. 15. (1) W h e r e the land is owned or held jointly by
two or more ra tab le persons , such persons shall be jointly and several ly liable for payment of the r a t e and the contr ibut ion to the bank, but as between themselves each shall only be liable for such p a r t of the r a t e or the contr ibut ion as is p ropor t iona te to his in te res t in the land and in the improvements thereon.
( 2 ) If any such person pays to the bank more
t han his p ropor t iona te p a r t he m a y recover the excess by way of contr ibut ion from the others , z 16. If a ra tab le person t rans fe r s his es ta te or in teres t
in ra tab le land he shall within th i r ty days of such
t r ans fe r give notice thereof to the Commission.
16.
(1) W h e r e any ra table person disposes of h is estate or in te res t in ra tab le land he shall nevertheless remain liable for the r a t e to the same extent as if he had not disposed of his es ta te or interest , provided the
17.
r a t e is levied, ei ther— (a) before he disposes of his estate or in te res t ; or
(b) before he has given notice to the Commission
of the t r ans fe r of his es ta te or in teres t .
(2) W h e r e any ra tab le person disposes of his es ta te or in teres t in ra tab le land, he shall nevertheless remain liable for all ins ta lments of contr ibution which become due for payment e i ther—
(a) before he disposes of his es ta te or in te res t ; or
(b) before he has given notice to the Commission of
the t r ans fe r of his es ta te or interest .
(3) If any ra table person who disposes of his es ta te or in te res t in ra tab le land pays to the bank any r a t e which is levied af ter he disposes of his es ta te or in te res t and before the notice of t r ans fe r is given to the Commission he may recover the amount from the person to whom he disposes of his es ta te or interest .
(4) If any ra tab le person who disposes of his es ta te or in teres t in ra tab le land pays to the bank any ins ta lment of contr ibut ion which becomes due for pay ment after he disposes of his es ta te or in teres t , and before the notice of t rans fe r is given to the Commission, he m a y recover the amount from the person to whom he disposes of his es ta te or interest .
(5) As between a ra table person and any other
person from whom he derives or to whom he disposes of his es ta te or in teres t in ra tab le land every r a t e and every ins ta lment of contr ibut ion shall be considered as accruing from day to day and shall be appor t ionable in respect of
t ime accordingly. 18. (1) W h e r e a person by becoming enti t led to an
es ta te or in te res t in the land becomes a ra tab le person, he shall be liable to p a y to the bank the cur ren t r a t e and all a r r e a r s of the r a t e owing by any previous owner
in
in respect of the land, notwi ths tanding the fact tha t he became enti t led to the es ta te or in teres t af ter the r a t e was levied.
( 2 ) W h e r e a person by becoming entit led to an
es ta te or in teres t in the land becomes a ra tab le person, he shall be liable to pay to the bank all ins ta lments of contr ibut ion then due and unpaid in respect of the land, a n d all ins ta lments of contr ibut ion thereaf ter becoming due in respect of the land.
(3) If any ra tab le person who becomes enti t led to an es ta te or in teres t in the land pays to the bank any ra t e in respect thereof which was levied before he became enti t led to the es ta te or in teres t , he may recover a p ropor t ion of the amount from the person who was liable for the ra te a t the time when the same was levied.
(4) If any ra table person who becomes entit led to an estate or in teres t in the land pays to the bank any instalment of contr ibut ion which became due before he became entit led to the es ta te or interest , he may recover the amount from the person who was liable for the instal ment of contr ibut ion a t the t ime when the same became due.
(5) The proviso to subsection one of section ten of this Act re la t ing to a charge for ra tes or contr ibut ions shall apply muta t i s mutandis to the liability for ra tes or ins ta lments of contr ibut ion under this section.
19. ( 1 ) The powers , author i t ies , duties and functions
conferred or imposed upon the bank by this P a r t shall bo exercised and per formed by the bank th rough its
i r r iga t ion agency.
( 2 ) Moneys which by v i r tue of this P a r t become
payable to or recoverable by or which may be received
by the bank shall be t rea ted in account by the bank anddisposed of by it when received as if such moneys were revenue moneys as defined in Division 1 of P a r t V I B of the Government Savings Bank Act, 1 9 0 6 , as amended by
subsequent Acts . ( 3 ) To the extent tha t the same are applicable
and a re not inconsistent with this P a r t , the provisions of Division 1 of P a r t V I B of the Government Savings Bank Act, 1 9 0 6 , as amended by subsequent Acts , shall
apply
apply to all moneys which become payable to or recover able by or which a re received by the bank in pursuance
of this P a r t .
P A R T I I I .
A M E N D M E N T OF THE IRRIGATION A C T , 1 9 1 2 - 1 9 3 1 .
20 . ( 1 ) The I r r i ga t ion Act, 1 9 1 2 - 1 9 3 1 , as amended
by subsequent Acts , is amended—
(a) by omit t ing subsection four of section seven;
(b) by inserting next after section 7A the following
new sect ions:—
7B. ( 1 ) W h e r e an i r r iga t ion f a rm lease is converted into an i r r iga t ion f a rm purchase , the number of wa te r r igh ts which were a t tached to the lease or any p a r t thereof, the prices which were fixed therefor, and the number of the said wa te r r igh ts which were a fixed charge on the lease or any p a r t thereof and which were applic able in relat ion to the lease immediately before the da te upon which the conversion took effect shall as from tha t da te continue to apply to
the purchase .
( 2 ) Upon the issue of a g r a n t in fee-
simple of land acquired by v i r tue of an i r r iga t ion f a rm purchase , the number of water r igh t s which were a t tached to the purchase or any p a r t
thereof, the prices which were fixed therefor ,
and the number of the said wa te r r igh ts which were a fixed charge on the purchase or any p a r t thereof and which were applicable in re la t ion to
the purchase immediately before the da te of issue of the g r a n t shall as from tha t da te continue to apply to the g ran t .
( 3 ) "Where a g ran t in fee-simple of land
acquired by v i r tue of an i r r iga t ion f a rm pur chase has been issued and such land is lawfully subdivided into two or more por t ions , the Minis ter by notification in the Gazet te—
(a)
shall s ta te the number of wa te r r igh t s (if any) which are to a t tach to each
por t ion or to any p a r t thereof;
(b)
(b)
shall fix the prices for the water rights a t tached to each por t ion or to any p a r t
thereof, or fix different pr ices for the
water r igh ts a t tached to different
p a r t s of each po r t ion ; (c) shall specify the number of the said wa te r r igh ts which are to be a fixed charge on each por t ion or any p a r t thereof, and
(d) may specify such provisions and con dit ions, not inconsistent wi th this Act, as according to the facts and circum stances the Minis ter thinks fit. (4) The provisions of this section shall be deemed to have been in force from the da te of commencement of the I r r i ga t ion Holdings (Freehold) Act, 1924.
7c. (1) The Minister may by notification in the Gazette with the consent of the occupier a l ter the number of water r igh ts which a t tach to o r a re a fixed charge on any land within an i r r iga t ion area , or with the like consent a l te r the price for all or any of the said wa te r r igh ts .
(2) W h e r e in the opinion of the Minis ter the number of wa te r r igh t s which a t tach to any land within an i r r iga t ion a rea and the prices therefor have been determined or fixed having
r ega rd t o— (a) the fact that no fruit trees or vines were planted on the l and ; or (b)
the area of fruit trees or vines planted on the l and ; or
(c) the maximum area of fruit trees or vines which may at the date of such determinat ion or fixation be planted on the land in accordance with any condi tion a t taching to the land in pursuance of the provisions of the Crown Lands Consolidation Act, 1913, and since the date on which the a t taching of the said wa te r r igh ts took effect frui t t rees or
vines
vines have been p lanted on land of the class re fe r red to in p a r a g r a p h (a) of this subsection o r an a rea of frui t t rees or vines in excess of the a r ea refer red to in p a r a g r a p h (b) or pa ra g r a p h (c) of this subsection has been p lanted on the land, the Minis ter may, if in his opinion
the circumstances so w a r r a n t , determine— (i) the number of water rights to attach to such land or any p a r t thereof;
(ii) the price for each of the said water r i g h t s ;
(iii) the number of the said water rights which a re to be a fixed charge on such land or any p a r t thereof.
The numbers .and prices so determined by the Minis ter shall be notified in the Gazette. Such notification shall specify the da te on and from which the de terminat ion of the Minister shall take effect and the numbers and prices so determined shall be in lieu of the numbers and prices apply ing in respect of the wa te r r ights which before the da te so specified were a t tached to such land or any p a r t thereof.
The power to determine the price for wa te r r igh ts shall include power to determine the different price for w a t e r r igh ts to a t tach to different p a r t s of the land.
(3) The powers conferred by this section
may be exercised from time to time as occasion
may require .
(c)
by inserting at the end of section nine the follow ing new subsections:—
(2) (a) E v e r y work which the Commission is author ised by this section to construct shall be constructed under the Public W o r k s 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 Public W o r k s Act, 1912, as amended by subse quent Acts , and 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 apply to and in respect of any such work.
(c)
(e) The Commission shall be the con s t ruct ing au thor i ty 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 p roper execution thereof as such au thor i ty may think proper .
(3) Wi thou t prejudice to the general i ty of subsections one and two of this section the p ro visions of section thir ty-eight of the Public W o r k s Act, 1912, as amended by subsequent Acts , shall apply to and in respect of any of the contracts refer red to in p a r a g r a p h (c) of sub section two of this section.
( 4 ) I n the exercise by the Commission of i ts powers , author i t ies , duties and functions under this Act, and in the exercise of i ts control and adminis t ra t ion of any i r r iga t ion area , the Com mission may, by its officers or servants , enter any lands for the purpose of making and carry ing out inspections, tes ts , invest igat ions, experi ments and surveys, and for constructing, main ta in ing and a l te r ing any works, and for any other purpose in the exercise of i ts powers and duties .
(2) The I r r iga t ion Act, 1912-1931, as amended by
subsequent Acts, is fur ther amended by omit t ing from the m a t t e r re la t ing to P a r t I I in section one the figure and le t ter " 7 A " and by inser t ing in lieu thereof the figure
| and le t ter | " 7 c . " |
(3) The Murrumbidgee I r r iga t ion Areas Occu
piers Relief Act, 1934, is amended—
(a) by inserting in subsection one of section four teen after the words " ( a s inser ted by section th i r teen of this A c t ) " the words " o r section
7B or section 7c of the I r r iga t ion Act, 1 9 1 2 - 1 9 4 1 . "
(b)
by inserting at the end of the same subsection the words " o r in accordance with section 7B or 7c of the I r r iga t ion Act, 1912-1941";
(c)
by inserting in subsection two of the same sec tion af ter the words " ( a s inser ted by section
th i r teen
th i r teen of this A c t ) " the words " o r section
7B or section 7c of the I r r i ga t i on Act, 1912- 1 9 4 1 " ;
(d) by omitting from the same subsection the words
" o r subsection four of section s e v e n " ; (e) by inserting at the end of the same subsection the words " o r in accordance with section 7B or section 7c of the I r r i ga t ion Act, 1912-1941." 2 1 . (1) This section shall commence upon a day to be
appointed by the Governor and notified by proclamat ion
published in the Gazette.
(2) The I r r i ga t ion Act, 1912-1931, as amended by
subsequent Acts , is fur ther amended— (a) (i) by omit t ing from section eighteen the words " A l l moneys received by the Commission shall, subject to this subsection, be pa id into the T r e a s u r y and car r ied to the Consoli da ted Revenue Fund , and credited as the revenue of the Commission: P rov ided tha t any p a r t of such moneys m a y be pa id into any special deposit account established under the Special Deposits ( Indus t r i a l
Under tak ings ) Act, 1912." (ii) by inserting at the end of the same section the following new subsection:—
(3) All moneys received by the Commis
sion in connection with the Murrumbidgee
I r r i ga t i on Scheme, the Coomealla I r r i ga t i on
Area , the H a y I r r i ga t ion Area , the Went -
wor th I r r i ga t ion Area , and Dis t r ic ts and
Provis ional Dis t r ic ts const i tuted unde r P a r t V I and P a r t V I I of the W a t e r Act, 1912, as amended by subsequent Acts shall, subject to the provis ions of subsection two of this section, be pa id into the T r e a s u r y and car r ied to an account to be opened in the Special Deposi ts Account of the T r e a s u r y
entit led the W a t e r Conservat ion and I r r i ga tion Commission W o r k i n g Account and from which account so opened all paymen t s m a y
be
be made in connection with the said Mur- rumbidgee I r r iga t ion Scheme, the said I r r i gat ion Areas and the said Dis t r ic ts and P r o visional Dis t r ic ts , and into which account shall be t r ans fe r red the balances remain ing in the Special Deposi ts Accounts enti t led Domestic and Stock W a t e r Supply Dis t r ic ts and Domestic and Stock W a t e r Supply and I r r i ga t ion Dis t r ic ts Account and Mur rum-
bidgee I r r i ga t ion A r e a s W o r k i n g Account.
(b) (i) by omit t ing from subsection one of section
23B the words " u n d e r the Special Deposi ts
( Indus t r i a l Under tak ings ) Act, 1 9 1 2 " ; (ii) by omitting subsections two, three, four, five, six, seven, eight and nine of the same sec tion.
(3) The provis ions of the Special Deposi ts ( In dus t r i a l Under tak ings ) Act, 1912, and of any Act amend ing tha t Act shall cease to apply to the Murrumbidgee I r r i g a t i o n A r e a s Indus t r i a l Under t ak ing on the day appoin ted by the Governor for the commencement of th is section.
P A R T IV.
| A M E N D M E N T | OF THE | CROWN | LANDS | CONSOLIDATION | A C T , |
1913.
2 2 . The Crown Lands Consolidation Act, 1913, as amended by subsequent Acts , is amended—
(a)
by omitting from subsection six of section 142B the word " t e n " and by inser t ing in lieu thereof
the word " t w e n t y " ; (b)
by inser t ing a t the end of p a r a g r a p h (a) of sub section five of section one hundred and forty-five the words " W h e r e in the case of a conversion, whether made before or after the commencement of the I r r i ga t ion (Amendment ) Act, 1941, no such notification is made the conditions which a t tached to the lease before conversion shall
apply to the p u r c h a s e " ; (c)
(c) (i) by omit t ing subsection three of section 145E and by inser t ing in lieu thereof the fol lowing subsection:—
(3) The following provis ions shall apply in respect of every lease or purchase exist ing a t the commencement of the I r r igat ion (Amendment) Act, 1941:—
(a) The Minister may, by notification published in the Gazette declare t ha t any special condition or reser vat ion in or to the effect of the form specified in the notification shall cease to a t tach to any speci- fled lease or purchase , or to any specified class of leases or p u r chases, or to all leases or purchases (b) The notification shall take effect f rom the da te of publication on from a la te r da te to be specified in the notification. (c) As from the date upon which any such notification takes effect the special conditions or reservat ions to which the notification relates shall, as provided in the notifica- tion, cease to apply.
(ii) by omit t ing from p a r a g r a p h (b) of subsec- tion four of the same section the words " t h e special conditions and reserva t ions which shall a t tach to any lease or purchase in lieu of the special conditions and reservat ion previously not i f ied" and by inser t ing in Lieu
thereof the words " t h a t any special condi- tion or reserva t ion a t taching to the leas or purchase shall cease to a t tach t h e r e t o " ; (h i ) by omit t ing from the same subsection th words " o r to the subst i tuted special condi- t i o n s " ;
(d) by omit t ing section 145c;
(e)
(e)
by inserting next after section 146A the following new shor t heading and section:—
Subdivision of land in respect of which grant in
fee-simple has been issued.
146B. (1) Land in respect of which a g ran t in fee-simple has been issued, ei ther before or af ter the da te of the commencement of the I r r i ga t ion (Amendment) Act, 1941, shall not be subdivided into two or more por t ions unless the consent of the Commission has been given to the proposed subdivision and the secre tary to the Commis sion has certified tha t any works required to bo carr ied out pursuan t to subsection five of this section have been completed to the sat isfaction of the Commission and tha t any moneys pay able to the Commission pu r suan t to tha t sub section have been paid.
(2) Applicat ion for the consent of the Commission shall be made in the prescr ibed manner and shall be accompanied by the pre scribed deposit , which deposit shall be applied towards cost of any survey, inspections or repor t s , which may be required.
(3) The Commission may g ran t any applicat ion under this section and may do so, wi th or without modification thereof, and on such t e rms and conditions as it may deem fit to impose.
(4) Such land as may be deemed neces
sa ry by the Commission, to provide roads ofaccess to the subdivided por t ions and for
upon su r r ende r shall become Crown land, free channels and dra inage , shall be sur rendered , and from any claim there to by any person, and no person shall be entit led to any compensation in respect of the land or any improvements thereon.
(5) Such works as the Commission m a y deem necessary for the purpose of, or incidental to , a subdivision m a y be car r ied out by either the owner of the land subdivided, or the Com mission, as the Commission may decide. I t car r ied out by the owner, all such works shall
be
be to the approva l of the Commission in respect of location, design, form, dimensions and con struct ion. If car r ied out by the Commission, the to ta l cost of all works shall be pa id by the owner to the Commission and unt i l payment shall be a charge upon the land.
(6) All works constructed pu r suan t to
subsection five of this section shall become the
p r o p e r t y of the Commission without charge. (7) The consent of the Commission
requi red by this section shall be in addit ion toany approva l requi red by the Local Government
Act, 1 9 1 9 .
P A R T V.
A M E N D M E N T OF THE W A T E R A C T , 1 9 1 2 - 1 9 4 0 .
2 3 . The W a t e r Act, 1 9 1 2 - 1 9 4 0 , is amended—
(a) by inser t ing next af ter Division 6 of P a r t I I I the following new Divis ion:—
DIVISION 6A.—Works of drainage within districts
of trusts constituted in respect of works of
irrigation.
65A. ( 1 ) If the t rus tees of a t rus t , const i tu ted in respect of any work of i r r iga t ion , request the Commission in wr i t ing to const ruct or acquire works of subsoil d ra inage or surface d ra inage (in this Division here inaf ter re fe r red to as
" w o r k s of d r a i n a g e " ) for the purpose of dra in ing any lands within the t ru s t distr ict , the Commission m a y supply to the t rus tees a s ta te
men t of— (i) the estimated cost of the works of d r a i n a g e ;
(ii) the rate of interest to be paid on the
cost of the works of d r a i n a g e ; and (iii) the number of years in which the cost of the works of d ra inage is to be repaid .
( 2 )
(2) Upon the receipt of an int imat ion from the t rus tees tha t the s ta tement has been approved by a special general meet ing of the voters of the t rus t , of which meet ing not less t han fourteen d a y s ' notice shall be given in the prescr ibed manner , the Commission may proceed with the construct ion or acquisit ion as the case may be of the works of d ra inage .
(3) The completion or acquisit ion and t r ans fe r to the t ru s t of the works of d ra inage shall bo notified by the Commission in the Gazette , and in such notification the Commission shall direct tha t the t r u s t shall p a y the cost of the works of d ra inage by a sinking fund within the number of yea r s specified in the s ta te men t re fer red to in subsection one of this section and in teres t on such cost.
A copy of such notification shall be sent to the t rus tees by the Commission.
(4) Cost in this section shall mean the ac tual cost or the es t imated cost p lus ten pe r centum whichever is the less.
(5) In te res t and payments to the sinking fund shall commence to run from a da te to be set out in the notification re fer red to in sub section three of this section.
(6) Notwi ths tanding anyth ing contained in this section the t ru s t shall, subject to the approva l of the Commission, have the option of r epay ing the cost of the works of d ra inage by a lump sum or in a less number of yea r s than
the per iod determined for ext inguishing the cost of the works of d ra inage by a sinking fund.
(7) The t rus tees , in addi t ion to the r a t e
or ra tes which they a re empowered under this P a r t of this Act to fix and levy for the supply of water , may, for the purpose of p rovid ing money for the maintenance and management of the works of d ra inage and for in teres t and payments to the sinking fund, fix and levy a r a t e pe r acre upon the lands within the t rus t d is t r ic t which a re benefited by the works of
d ra inage
dra inage , and this r a t e may v a r y according to the distance of the land from the dra ins , and in p ropor t ion to the benefit received as aforesaid.
(8) The provis ions of this P a r t of this
Act which re la te to r a t e s and ra t ing shall mu ta t i s mutandis , extend to the r a t e mentioned in this section.
(b)
by omit t ing the definition of " O w n e r " in section one hundred and th i r ty and by inser t ing in lieu thereof the following new definition:—
" O w n e r , " in re la t ion to land, includes every
person who joint ly or severally, whether
a t law or in equity—
(a)
is enti t led to the land for any es ta te of freehold in possess ion; or
(b)
is a person to whom the Crown has lawfully contracted to g ran t the fee- simple under the Crown Lands Acts or any other Act re la t ing to the al ienation of lands of the Crown; or
(c)
is entitled to receive, or is in receipt of, or if the land were let to a tenant would be entit led to receive, the ren t s and profits thereof whether as 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 repre sent ing the Crown.
(c)
by omit t ing the definition of " O w n e r " in section one hundred and fifty and by inser t ing in lieu
thereof the following new definition:—
" O w n e r , " in relat ion to land, includes every
person who jointly or severally, whether
a t law or in equity—
(a) is entitled to the land for any estate of freehold in possess ion; or (b) is a person to whom the Crown has lawfully contracted to g r a n t the fee- simple under the Crown Lands Acts or any other Act re la t ing to
the al ienat ion of lands of the Crown; or
(c)
(c)
is entitled to receive, or is in receipt of, or if the land were let to a t enan t would be entit led to receive, the ren t s and profits thereof, whether as beneficial owner, t rus tee , mort gagee 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 repre sent ing the Crown.
(d)
by inser t ing in section one next af ter the m a t t e r re la t ing to Division 6 of P a r t I I I the following
new m a t t e r : —
DIVISION 6A.—Works of drainage within
districts of trusts constituted in respect of
works of irrigation—s. 65A.
P A R T VI .
AMENDMENT OF THE P U B L I C W O R K S A C T , 1 9 1 2 . 24 . The Publ ic W o r k s Act, 1 9 1 2 , as amended by subse
quent Acts , is amended—
(a) by inser t ing at the end of the definition of " C o n s t ruc t ing A u t h o r i t y " in section three the words
" a n d also includes the W a t e r Conservat ion and I r r i ga t i on Commission for the purpose of enabling the said Commission to ca r ry out any author ised work which it is empowered to ca r ry o u t " ;
(b) by inser t ing in subsection two of section th i r ty- four after the word " M i n i s t e r " the words
" o r
the W a t e r Conservat ion and I r r iga t ion Com m i s s i o n " ;
(c) (i) by inser t ing in p a r a g r a p h (a) of subsection
two of section forty af ter the word
" s c h o o l s " the words " o r the ca r ry ing out
of works which the W a t e r Conservat ion and I r r iga t ion Commission is , p u r s u a n t to a direction given under this Act, required
to ca r ry o u t " ; (ii)
(ii) by inserting at the end of paragraph (b) of the same subsection the following words and new paragraph:—
"with relation to lands acquired or resumed for the establishment of public or other schools; or
(c)
the Water Conservation and Irriga- tion Commission with relation to lands acquired for works which the said Commission is, pursuant to a direction given under this Act, required to carry out ."
(d)
by inserting next after paragraph (aa) of section forty-one the following new para- graph :—
(ab) works for the prevention of floods or
the control of flood waters.
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