Irrigation and Water (Amendment) Act 1943 (NSW)
IRRIGATION AND WATER (AMENDMENT)
ACT.
Act Xo. 2, 1943.
1913, the Western Lands Act of 1901, and certain other Acts in certain respects; to validate certain matters; and for purposes connected therewith. [Assented to, 31st March, 1943.] BE
An Act to amend the Irrigation Act, 1912-1941, the Wentworth Irrigation Act, the Hay Irrigation Act, 1902, the Water Act, 1912-
1941, the Crown Lands Consolidation Act,
BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South 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 and Water (Amendment) Act, 1943."
(2) This Act is divided into Parts , as follows:—
PART I.—PRELIMINARY.
PART II.—AMENDMENT OP THE IRRIGATION ACT,
1912-1941.
PART III .—AMENDMENT OF THE WENTWORTH IRRI
GATION ACT.
PART IV.—AMENDMENT OF THE HAY IRRIGATION
ACT, 1902.
PART V.—AMENDMENT OF THE WATER ACT, 1912-
1941.
PART VI.—AMENDMENT OF THE CROWN LANDS CONSOLIDATION ACT, 1913.
PART VII.—AMENDMENT OF THE WESTERN LANDS
ACT OF 1901.
PART VIII.—MISCELLANEOUS.
(3) The Irrigation Act, 1912, as amended by sub sequent Acts and by this Act, may be cited as the Irrigation Act, 1912-1943.
(4) The Water Act, 1912, as amended by subsequent Acts and by this Act, may be cited as the Water
Act, 1912-1943. PART II . AMENDMENT OF THE IRRIGATION ACT, 1912-1941.
2 . The Irrigation Act, 1912-1941, is amended—
(a) by inserting in the definition of "The Construc
tion Ac t " in section three after the word " J a c k "
the word " D a m " ;
M
(b)
by inserting at the end of section four the fol lowing new subsection:—
(8) (a) Notwithstanding anything contained in any Act nothing contained in this Act shall affect the rights accrued or accruing under this Act, or the Public Service Act, 1902, or the Superannuation Act, 1916, or any Act amending such Acts, to any person appointed a commis sioner under this Act who is, at the time of his appointment, an officer of the Public Service or an officer within the meaning of this Act or of the Government Savings Bank Act, 1906, or any Act amending those Acts, or an employee within the meaning of the Superannuation Act, 1916, or any amendment thereof.
(b) Any officer of the Public Service or any officer within the meaning of this Act or of the Government Savings Bank Act, 1906, or any Act amending those Acts, or any employee within the meaning of the Superannuation Act, 1916, or any amendment thereof, appointed a commissioner under this Act shall continue to contribute to any fund or account and shall be entitled to receive any deferred or extended leave and any payment, pension, or gratuity, as if he were an officer within the meaning of this Act, the Public Service Act, 1902, or the Gov ernment Savings Bank Act, 1906, or any Act amending such Acts, or an employee within the meaning of the Superannuation Act, 1916, or any amendment thereof, as the case may be, and for such purpose his service as a commissioner
of such Acts. shall be deemed to be service for the purposes (c) Any person appointed a commis sioner under this Act shall have the same rights of leave of absence and payment of a cash allowance in lieu thereof as are granted to officers in the service of the Commission under the regulations made under this Act or under any award of the Industrial Commission of New South Wales or any industrial agreement having the force of an award.
(d)
(d) Each of the commissioners appointed under this Act holding office immediately before the commencement of the Irrigation and Water (Amendment) Act, 1943, shall have the rights and privileges conferred and be subject to the obligations imposed by this subsection in all respects as if this subsection had been in force at the date of his appointment.
(c) by inserting next after section five the following new sections:— 5A. (1) Every officer in the service of the Commission, whether appointed before or after the commencement of the Irrigation and Water (Amendment) Act, 1943, and whether he has attained the age of sixty years before or after such commencement, shall be entitled, if he desires so to do, having attained the age of sixty years, to retire from the service of the Commission.
(2) Any such officer may, unless called upon to retire as hereinafter provided, continue in the service of the Commission until he attains the age of sixty-five years.
(3) If any such officer continues in the service of the Commission after he has attained the age of sixty years, he may at any time before he attains the age of sixty-five years if he is an officer appointed by the Governor be called upon by the Governor, on the recommendation of the Commission, to retire, or if he is an officer appointed by the Commission be called upon by
the Commission to retire; and every such officer so called upon to retire shall retire accordingly. 5B. (1) Every officer, whether appointed be fore or after the commencement of the Irrigation and Water (Amendment) Act, 1943, if he attains the age of sixty-five years after such commence ment, shall retire immediately on attaining that age, unless he is required, notwithstanding his age, to continue to perform his duty in the service of the Commission as hereinafter pro vided and is willing so to do.
(2)
(2) (a) Notwithstanding that any officer appointed by the Governor has attained the age of sixty-five years (if the Commission certifies that in the interests of its service it is desirable that such officer should continue in the perform ance of the duties of his office, or of any office in the service of the Commission to which he may be appointed, and if such officer is able and willing to do so) the Governor may from time to time direct such officer to continue in the service of the Commission for such fixed time not exceeding twelve months as the Governor may direct or during pleasure.
(b) Notwithstanding that any officer appointed by the Commission has attained the age of sixty-five years (if he is able and willing to continue in the performance of the duties of his office or of any office in the service of the Commission to which he may be appointed) the Commission may from time to time direct such officer to continue in its service for such fixed time not exceeding twelve months as the Com mission in each case directs.
5c. Every officer who has had fifteen years service shall be entitled to three months leave on full pay or six months on half pay, and on the completion of twenty years service shall be entitled to a further three months leave on full pay or six months on half pay. After comple tion of further service after twenty years and up to a total service of forty years in all, he
amount of leave on full pay or half pay calcu shall be entitled to a further proportionate lated on the basis of six months or twelve months
respectively for twenty years service.Where an officer appointed to the service of the Commission was, immediately before such appointment, an officer of the Public Service or an officer in the employment of the Rural Bank of New South Wales or of any statutory body representing the Crown, the service of such officer in the Public Service or in the employment of such Bank or of such statutory body shall
be
be deemed to be service with the Commission for the purposes of this section; but no person shall be entitled to claim benefits under this section as well as under any other provision of this Act or under any other Act in respect of the same period of service.
5D. Where a commissioner (other than the Minister for Agriculture) or an officer has acquired a right under this Act to extended leave with pay and dies before entering upon it, or after entering upon it dies before its termina tion, his widow, or in the case of a widower leaving children, his children, or their guardian, or other dependent relative, or their legal repre sentative, shall be entitled to receive the money value of the leave not taken, or not completed, computed at the rate of salary the commissioner or officer, as the case may be, received at the time of his death. Such payment shall be in addition to any payment due under the provisions of the Superannuation Act, 1916, as amended by subse quent Acts:
Provided that where payment of the money value of leave has been made under this Act, no action may be brought against the Crown or the Commission for payment of any amount in respect of such leave.
5E. (1) An officer who has acquired a right to extended leave with pay and—
(a)
retires from the service of the Commis sion under the provisions of section 5B
of this Act, or
(b) is called upon to so retire under the provisions of subsection three of section 5A of this Act,
shall be paid forthwith in lieu of such leave the money value thereof as a gratuity in addition to any gratuity to which he may be otherwise entitled. Any pension to which any such officer is entitled under the Superannuation Act, 1916, as amended by subsequent Acts, shall commence from the date upon which his extended leave, if taken, would have commenced.
(2)
(2) An officer who has acquired a right to extended leave with pay and retires from the service of the Commission under the provisions of subsection one of section 5A of this Act shall be paid forthwith in lieu of such leave the money value thereof as a gratuity in addition to any gratuity to which he may otherwise be entitled.
Any pension to which any such officer is en titled under the Superannuation Act, 1916, as amended by subsequent Acts, shall commence from the date following that upon which his extended leave, if taken, would have terminated.
(d) (i) by omitting from section six the words "and vary the boundaries of any area so con stituted; such proclamation shall also be published in some newspaper circulating in or in the neighbourhood of the area ," and by inserting in lieu thereof the following words:—
The Governor may by proclamation published in the Gazette alter an irrigation area constituted or deemed to be constituted under this section by including additional lands of the Crown.
(ii) by inserting at the end of the same section the following new subsections:—
(2) The Governor may by proclamation
published in the Gazette alter an irrigation
area constituted or deemed to be constituted
under this section by— (a) excising lands; or
(b) transferring lands from one irri
gation area to another.(3) Any proclamation made under the Murrumbidgee Irrigation Act, 1910, and any proclamation made under this section may be corrected, amended, modified or revoked whether as to the whole or any part thereof by the Governor by proclama- tion in the Gazette.
The
The provisions of this subsection shall be deemed to have been in force from the commencement of the Irrigation (Amend ment) Act, 1918.
(4) For the purposes of this section the expression " land of the Crown" shall include and shall be deemed always to have included land vested in the Commission and land vested pursuant to section six of the Murrumbidgee Irrigation Act, 1910, in the Minister of the Crown administering the Acts relating to irrigation.
(e) by inserting next after section 6A the following new section:— 6B. The irrigation areas known as Yanco Number One and Mirrool Number One shall be deemed to have been validly constituted under section six of this Act, and any variations of the boundaries of either of such areas shall be deemed to have been validly made.
3 . (1) The Irrigation Act, 1912-1941, is further amended—
(a) by inserting at the end of subsection one of section seven the following new paragraph:— Any notification under this subsection which relates to land within the Coomealla Irrigation Area may specify the year (not being later than the fifth year after the date of the granting of the application for the lease or purchase) during
and after which the water rights shall respec tively attach to and be a fixed charge on the lease or purchase or part of the lease or pur chase, as the case may be, and in such case shall also specify what proportion of such water rights or what number of water rights shall respectively attach to and be a fixed charge on the lease or purchase, or part of the lease or purchase, as the case may be, during each year of the period between the date of the granting of the application for the lease or purchase and the commencement of the year so specified.
Where
Where no year is so specified the water rights shall respectively attach to and be a fixed charge on the lease or purchase or part of the lease or purchase, as the case may be, as from the date of the granting of the application for the purchase or lease.
(b) by inserting at the end of section 7A the following new subsection:— (3) Any notification under this section which relates to land within the Coomealla Irrigation Area may specify the year (not being later than the fifth year after the date upon which the occupier lawfully subdivides his holding, or surrenders part of his holding, or land is added to a holding, or the irrigable area of a holding is increased or additional facilities for watering are provided by the Commission as the case may be) during and after which the water rights shall respectively attach to and be a fixed charge on—
(i) each part of the holding as so sub divided; or
(ii) the part of the holding not surrendered; or
(iii) the holding as added to; or
(iv) the holding with such increased irrig able area or additional facilities for watering;
and in such case shall also specify what propor tion of such water rights or what number of water rights shall respectively attach to and be
the addition of land to the holding, or the date a fixed charge during each year of the period between the date of subdivision or surrender, or upon which the irrigable area of the holding was increased or additional facilities for watering were provided by the Commission, as the case may be, and the commencement of the year so specified.
Where no year is so specified the water rights
shall respectively attach to and be a fixed charge
on the holding or part thereof, as the case may
be,be, as from the date of subdivision, or surrender, or addition of land to the holding, or the date upon which the irrigable area of the holding was increased or additional facilities for watering were provided by the Commission, as the case may be.
(2) Subsection one of this section shall be deemed
to have commenced on the twenty-eighth day of
December, one thousand nine hundred and thirty-four.(3) All procedure and action taken after the commencement of the Irrigation (Amendment) Act, 1918, and before the commencement of the Murrumbidgee Irrigation Areas Occupiers Relief Act, 1934, under section seven of the Irrigation Act, 1912 (as inserted by the Irrigation (Amendment) Act, 1918), or under that section as amended by the Irrigation Holdings (Free hold) Act, 1924, or under section 7A of the Irrigation Act, 1912 (as inserted by the Irrigation (Amendment) Act, 1918) in relation to the allotting of water rights and the fixing of the price therefor, shall be deemed to have been validly taken.
4. (1) The Irrigation Act, 1912-1941, is further amended by inserting next after subsection three of section 8B the following new subsection:—
(3A) (a) The Commission shall have power to enter into an agreement with the owner or occupier of any land to clean out, deepen, examine, repair or alter any bore or well, or to alter, dismantle, remove or re-erect any equipment or fittings connected with a bore or well, and to carry out such works pursuant to the agreement.
Any such agreement may be made on such terms
and subject to such conditions as the Commission
may think fit.(b) Any sum payable under an agreement made under this subsection shall be paid to the bank and shall, until so paid, be and remain a charge in its favour on the land upon which such works are carried out, and shall be recoverable by the bank in any court of competent jurisdiction from the owner or occupier of the land for the time being.
(2)
(2) In any case where before the commencement of this Act the Water Conservation and Irrigation Commis sion under agreement with the owner or occupier of land has cleaned out, deepened, examined, repaired or altered a bore or well, or altered, dismantled, removed or re- erected any equipment or fittings connected with a bore or well—
(a) the action of the Commission in so doing is hereby validated and the carrying out of any of such works shall be deemed to have been within the power of the Commission; and (b) any moneys paid or payable under any such agreement shall, as from the commencement of Par t V I B of the Government Savings Bank Act, 1906, be deemed to have been payable to the Rural Bank of New South Wales. 5. (1) The Irrigation Act, 1912-1941, is further amended—
(a) by omitting from section 9A the word "lease" wherever occurring, and by inserting in lieu thereof the word "hold ing" ; (b) by inserting next after section 11F the following new sections:— 11G. (I) The Minister may from time to time by notification in the Gazette declare that any land within the irrigation area constituted under the provisions of the Wentworth Irrigation Act or within the irrigation area constituted under the provisions of the Hay Irrigation Act, 1902,
from time to time by a similar notification shall be reserved for public purposes, and may revoke, either wholly or in part, any reservation notified under the provisions of this section or notified before the commencement of the Irriga tion and Water (Amendment) Act, 1943.
(2) Upon the notification of the revoca tion, either wholly or in part, of any reservation the land to which the notification relates shall thereupon vest in the Commission and shall form part of the irrigation area constituted under the provisions of the Wentworth Irrigation
Act
Act or the Hay Irrigation Act, 1902, as the case may be, and shall be dealt with as land within such irrigation area.
11H. (1) The Commission may on such terms and conditions as it thinks fit (including suck valuable consideration as is agreed upon) by agreement grant to the council of a munici pality or shire or to any person for a period not exceeding twenty years permission to supply electric current to the Commission and to the public within any irrigation area (as defined in this Act or in the Wentworth Irrigation Act or in the Hay Irrigation Act, 1902) or part thereof and for such purpose to lay or erect and main tain pipes, wires, poles and other apparatus, on, under or over the roads and lands within the irrigation area or part thereof under the imme diate control of the Commission.
( 2 ) Any agreement under subsection one
of this section granting any person the right to supply electric current to the public within an irrigation area or part thereof which is within a municipality or shire shall not relieve that person from any obligation to obtain the per mission of the council of the municipality or shire to supply the electric current to the public and to lay or erect and maintain pipes,, wires, poles and other apparatus on, under or over any public place.
(c) by inserting next after section seventeen the fol lowing new sections:—
17A. ( 1 ) Any person who, except under the authority of this Act or of the Wentworth Irr i gation Act or of the Hay Irrigation Act, 1 9 0 2 , or with the permission of the Commission— (a) takes or uses water from—
(i) any reservoir, aqueduct, channel or pipe used in or in connection with any irrigation area consti tuted under this Act or under the Wentworth Irrigation Act, the Hay Irrigation Act, 1902 , or the
Murrumbidgee
Murrumbidgee Irrigation Act, 1910, and belonging to or under the control and management of the Commission; or
(ii) any pipe leading to or from any such reservoir, aqueduct, channel or pipe; or
(iii) any cistern or place used in or in connection with any irrigation area constituted under this Act or under the Wentworth Irriga tion Act, the Hay Irrigation Act, 1902, or the Murrumbidgee Irri gation Act, 1910, and belonging to or under the control and manage ment of the Commission or sup plied by it with water for the use of any consumer; or
(b)
interferes with the flow of the water in any supply channel used in or in connec tion with any irrigation area consti tuted under this Act or under the Went worth Irrigation Act, the Hay Irri gation Act, 1902, or the Murrumbidgee Irrigation Act, 1910, by opening or closing either in whole or in part any valve, sluice, gate, meter, or other like regulator or by removing or placing in position any drop-bar or like appliance;
shall be guilty of an offence and shall be liable to
a penalty not exceeding twenty pounds. (2) Any person who, except under the authority of this Act or of the Wentworth Irri gation Act, or of the Hay Irrigation Act, 1902,
or with the permission of the Commission—(a)
diverts or takes water supplying or flowing into any waterworks, water course, or reservoir, used in or in con nection with any irrigation area constituted under this Act or under the Wentworth Irrigation Act, the Hay
Irrigation
Irrigation Act, 1902, or the Murrum bidgee Irrigation Act, 1910, and be longing to or under the control and management of the Commission; or
(b) does any act whereby the water from any such waterworks, watercourse, or reservoir may be drawn off or dimin ished in quantity,
shall be guilty of an offence and shall be liable to a penalty of not more than five pounds for every day during the whole or any par t of which the said supply of water is diverted, taken, drawn off or diminished by reason of any act done by or by the direction of such person.
(3) Any person who destroys, damages or interferes with any reservoir, dam, weir, tank, channel, conduit, pipe, bridge, culvert, box, structure or other part whatsoever of the works used in or in connection with any irrigation area constituted under this Act or under the Went worth Irrigation Act, the Hay Irrigation Act, 1902, or the Murrumbidgee Irrigation Act, 1910, and belonging to or under the control of the Commission shall be guilty of an offence and shall be liable to a penalty not exceeding twenty pounds.
(4) Where, in any prosecution for an offence against this section, it is established that as a result of the acts complained of a benefit is conferred upon or derived by any occupier it shall be presumed in the absence of proof to
the contrary that such occupier was guilty of the offence. 17B. All actions against the Commission for anything done or omitted or purporting to have been done or omitted under this Act or under any other Act (whether passed before or after the commencement of the Irrigation and Water (Amendment) Act, 1943) which confers or imposes any power, authority, duty or function on the Commission, or in the exercise or per formance of any power, authority, duty or func tion conferred or imposed by any such Act, shall
be
be commenced within three years after the act or omission complained of was committed or made.
17c. (1) No action shall be commenced against the Commission or any person for any thing done or omitted or purporting to have been done or omitted under this Act or under any other Act (whether passed before or after the commencement of the Irrigation and Water (Amendment) Act, 1943) which confers or imposes any power, authority, duty or function on the Commission, or in the exercise or per formance of any power, authority, duty or func tion conferred or imposed by any such Act, until one month at least after a notice in writing of such intended action has been delivered to or left at the office of the Commission or person by the party intending to commence such action, or by his attorney or agent.
(2) Such notice shall clearly and ex plicitly state the cause of action and the court in which the same is intended to be brought, and upon the back thereof shall be endorsed the name and place of abode of the party so intending to sue and also the name and place of abode or of business of the attorney or agent, if such notice was served by such attorney or agent.
(3) A notice under this section shall not be deemed invalid by reason of any defect or inaccuracy therein unless the court before which the action is tried is of opinion that the defen dant in the action has been prejudiced in his
defence by such defect or inaccuracy. (4) The defendant in every such action may plead the general issue and at the trial thereof give this Act and the special matter in evidence.
17D. (1) If any irregularity, trespass, or other wrongful proceeding has been committed in the execution of this Act or of any other Act (whether passed before or after the commence ment of the Irrigation and Water (Amendment)
Act,
Act, 1943) which confers or imposes any power, authority, duty or function on the Commission or in the exercise or performance of any power, authority, duty or function conferred or imposed by any such Act, and if, before action brought in respect thereof, tender of sufficient amends is made to the person injured, such last-mentioned person shall not recover in any such action.
(2) If no such tender has been made, the defendant may by leave of the court where such action is pending at any time before issue joined, pay into court such sum of money as the defen dant thinks fit, and thereupon such proceedings shall be had as in other cases where defendants are allowed to pay money into court.
(d) by inserting at the end of section 18A the following new subsection:— (2) "Where a lease granted under the pro visions of the Crown Lands Consolidation Act, 1913, of land within an irrigation area is termi nated under the provisions of that Act, the pro portion of the annual rental in respect of the period extending from the first day of July next preceding the date of such termination to that date shall become due and payable on that date.
(e) (i) by inserting in section 19c after the word
" se rvan t s " the words " o r by any person authorised by i t " ;
(ii) by omitting from the same section the words
by inserting in the same section after the "if thought necessary by the Commission";(iii)word "d i sease" the words "noxious insects
or other pe s t s " ;
(f) by inserting at the end of section twenty-three the following new subsection:— (2) (a) Without prejudice to the effect of subsection one of this section the Commission may, if it is satisfied that by reason of an actual or threatened shortage of water or for any other
sufficient
sufficient cause it is necessary or expedient so
to do, determine that—(i) the quantity of water which the Com mission is required by or under this or any other Act or otherwise howsoever to supply to any area or person shall be reduced; or
(ii) such supply shall be discontinued.
(b) Any such determination may be made in relation to all water, or to water used for any purpose or class of purposes, and may apply to and in respect of all areas and persons, or may apply to and in respect of any particular area or person specified in the deter mination, or to and in respect of any class of areas or persons so specified.
(c) Every determination made under this subsection may be carried into effect by the Commission.
(d) No matter or thing done by the Com mission or by any person whomsoever acting under the direction of the Commission shall, if the matter or thing was done bona fide for the purpose of carrying this subsection into effect, subject the Commission or any such person to any action, liability, claim or demand whatso ever.
(g) (i) by omitting paragraph (n) of section twenty-six and by inserting in lieu thereof the following paragraphs:—
(n) for the prevention, treatment, or
eradication of diseases in trees, vines, plants, grass, fruit, seeds, bees, livestock, poultry, birds or animals or other thing in any irriga tion area as denned in this Act or in the Wentworth Irrigation Act, or the Hay Irrigation Act, 1902; (n1) for the prohibition or regulation of the introduction or consignment into or for the removal from or the destruction within any irrigation
area
area as defined in this Act or in the Wentworth Irrigation Act or the Hay Irrigation Act, 1902, of any trees, vines, plants, grass, straw or hulls of plants or parts of plants, fruit, fruit-cases, packages, seeds, bees, livestock, poultry, birds, ani mals and the meat or flesh of any bird or animal, or other thing which in the opinion of the Commission would be likely to harbour or spread disease, noxious insects or other pests or are otherwise noxious.
(ii) by inserting in paragraph (u) of the same section after the words "irrigation a r e a " the words " a s defined in this Act or in the Wentworth Irrigation Act, or the Hay Irrigation Act, 1902";
(iii) by inserting at the end of the same section the following new subsections:—
(2) Any regulation made in pursuance of this section may, whether or not the pre scribing of a fee or charge is expressly authorised by any provision contained in subsection one of this section, prescribe such fees or charges as the Commissioner may deem appropriate and proper.
(3) In any proceedings for a contraven tion of a regulation made in relation to any of the matters referred to in paragraph (n1) of subsection one of this section,
proof that any tree, vine, plant, grass, straw or the hulls of any plant or par t of a plant, fruit, fruit-case, package, seeds, bees, live stock, poultry, bird, animal, or the meat or flesh of any bird or animal, or other thing, the introduction or consignment of which into an irrigation area is prohibited or regulated by such regulation, is found in the possession of any person shall be prima facie evidence that the same was introduced into the irrigation area by such person.
In
In this subsection "irrigation a r e a " has the same meaning as in paragraph (n1) of subsection one of this section.
(h) by omitting section twenty-seven and by insert- ting in lieu thereof the following section:— 27. The regulations made under section twenty-six of this Act may impose a penalty not exceeding twenty pounds for a first offence and not exceeding one hundred pounds for a second and any subsequent offence and where the offence continues, may impose a further penalty not exceeding five pounds for every day during which the offence continues.
(2) The Irrigation Act, 1912-1941, is further
amended by omitting from section one the symbols
" U P " and by inserting in lieu thereof the symbols
"11H."
PART III .
AMENDMENT OF THE WENTWORTH IRRIGATION ACT.
6. (1) The Wentworth Irrigation Act, as amended by
subsequent Acts, is amended—
(a) by omitting section thirty-one and by inserting in lieu thereof the following section:— 31. (1) Subject to the sanction of the Minister, the Water Conservation and Irrigation Commission shall have power to fix charges for
water supplied by the works carried out pursuant to this Act. Such charges shall be fixed in the manner prescribed, and shall be paid in the manner and within the time prescribed to the bank by the owner of the land to which the water is supplied.
(2) (a) Subject to the sanction of the
Minister—
(i) the said Commission shall have power to fix a rate per acre on land within the irrigation area which, in its opinion,
is
is suitable for the planting of fruit trees or vines: Provided that the whole or any part of any such land which is used for other purposes may, subject to such sanction, be exempted by the said Commission from such ra te ;
(ii) the rate may be fixed at any time and for such period as the said Commission may determine.
(b) The rate shall be paid in the manner and within the time prescribed to the bank by the owner of the land on which the rate is imposed.
(b)
by omitting paragraph (d) of section thirty-two and by inserting in lieu thereof the following paragraphs :—
(d) To prescribe the manner of fixing the charges for water supplied and the time and manner of their payment and the conditions on which water shall be supplied. (dd) To prescribe the time and manner of payment of the rate fixed by the Water Conservation and Irrigation Com mission.
(2) The rates fixed or purporting to have been fixed before the commencement of this Act by the Water Conservation and Irrigation Commission under section thirty-one of the Wentworth Irrigation Act (whether as originally enacted or as amended from time to time)
shall be deemed to have been duly fixed under the provi
sions of that section and shall be deemed to have beenduly levied by the service of the accounts served by the Water Conservation and Irrigation Commission or by the Rural Bank of New South Wales and the person upon whom such accounts were served shall be liable for payment of the rates which were unpaid immediately before the commencement of this Act.
PART
PART I V .
AMENDMENT OF THE HAY IRRIGATION ACT, 1902.
7. The Hay Irrigation Act, 1902, as amended by subsequent Acts, is amended—
(a) by inserting in section five next after the definition of "Domestic u s e " the following new definition:— "Irr igated lo t " means any area of land within the irrigation area which is classified by the Commission as an irrigated lot.
(b) by omitting section twenty-five and by inserting in lieu thereof the following section:— 25. (1) The Water Conservation and Irriga tion Commission, for the purposes of this Act, may construct, maintain and repair any work on any land, street, road or reserve.
(2) The said Commission shall have power at all times to enter any land, street, road or reserve vested in or under the control of the council of a municipality or shire and to carry out therein all such works as it may deem necessary for the purpose of exercising any of the powers conferred on the said Commission by this Act: Provided that if in the carrying out of any such works damage is caused to any land, street, road or reserve vested in or under the control of the council of any municipality or shire the said Commission shall make all such damage good to the satisfaction of the council.
(3) Before commencing any work which may in any way affect any land, street, road or
reserve vested in or under the control of the
council of a municipality or shire the said Commission shall supply such council with infor mation showing the nature of the proposed work.
(4) (a) Where any bridge, culvert, drain, channel or other work is constructed across a public road (whether so constructed before, or after the commencement of the Irrigation and Water (Amendment) Act, 1943) in the exercise of the powers conferred on the said Commission
by
by this Act, it shall be the duty of the said Commission to maintain the same and the im mediate approaches to any such bridge or culvert in good and serviceable condition.
(b) Where any drain, channel or other work is constructed for the purpose of carrying a supply of water across a public road, it shall be the duty of the said Commission to provide a bridge or culvert or other means of crossing which, having regard to the nature of the work and the nature and extent of the traffic on such public road, is sufficient to permit the passage of traffic along such public road.
(c) Any difference arising between the said Commission and the council of the municipality or shire within which the public road is situated, which arises out of the proper performance by the said Commission of any duty imposed upon it by this subsection, shall be deemed to be a difference within the meaning of section six hundred and fifty-four of the Local Government Act, 1919, and shall be settled in the manner provided by that section for the settlement of differences between a council and any department of the Government.
(d) In this subsection "public road" has the meaning given to that expression in the Local Government Act, 1919.
(c) by inserting at the end of section twenty-six the following new subsection:—
(4) Notwithstanding anything contained in where, in the opinion of the Minister, the circumsubsection one or subsection two of this section stances warrant such action, the rent of any lot leased may be decreased by the Water Conserva tion and Irrigation Commission as from the first day of January, one thousand nine hundred and thirty-six, to such sum as the Minister may determine:
Provided that where the rent of any lot
reduced in accordance with the provisions of
subsection one of section three of the Crown
Lands
Lands (Amendment) Act, 1932, as amended by subsequent Acts, is less than the rent as decreased under the provisions of this subsec tion, the lesser rent shall be payable until the expiration of the period of operation of the said subsection one of section three of the said Act as so amended when the rent as decreased under the provisions of this subsection shall become payable.
The power conferred by this subsection shall be deemed to have become exercisable on the first day of May, one thousand nine hundred and thirty-six, and to have remained exercisable until the thirty-first day of December, one thousand nine hundred and thirty-seven.
(d)
by inserting at the end of subsection four of section twenty-seven the words "Such payment shall be made by the lessee whether the water so supplied is or is not taken by him, unless he proves that the water was not available."
PART V.
AMENDMENT OF THE WATER ACT, 1912-1941.
8 . The Water Act, 1912-1941, is amended —
(a) (i) by inserting in subsection one of section 4A after the word "wi th in" the words "o r are adjoining";
(ii) by omitting from the same subsection the words " F o r the purposes of this subsection
'occupier' includes the Crown";(iii) by inserting at the end of paragraph (a) of subsection two of the same section the fol lowing word and new subparagraphs:—
or
(iii) the Broken Hill Water Board or any person by or under the authority of the Broken Hill Water and Sewerage Act, 1938; or
(iv)
(iv) the chief officer of fire brigades or any fire brigade officer by or under the authority of the Fire Brigades Act, 1909, as amended by subsequent Acts;
(iv) by inserting next after the same subsection the following new subsections:—
(2A) The said right may be used to regu late the exercise in relation to a river or lake of the powers conferred on a trust by Par t I I I of this Act.
(2B) The said right shall, subject to this section, prevail over any authority conferred by or arising under any Act (whether passed before or after the commencement of the Irrigation and Water (Amendment) Act, 1943), to construct any work connected with a river or lake or to interfere with the flow of water in a river;
(v) by omitting subsection three of the same section and by inserting in lieu thereof the following subsection:—
(3) In this section unless the context or subject matter otherwise indicates or requires—
" L a k e " includes a lagoon, swamp or other collection of still water whether permanent or temporary not being water contained in an artificial work.
"Occupier" means a person in actual occupation of any land whatsoever, and where there is no person in actual occupation means the holder under any tenure of the land; and in respect of a public road within the meaning of the Local Govern ment Act, 1919, means the council of the area within which the public road is situated; and in any case where a work to which Par t I I of
this
this Act extends is proposed to be or is being constructed under Par t XIV of the Local Government Act, 1919, on behalf of any council, or where a council has been charged with the care and management of a work to which Par t I I of this Act extends, includes the council; and includes the Crown in respect of lands of the Crown.
" R i v e r " includes any stream of water, whether perennial or intermittent, flowing in a natural channel, or in a natural channel artificially im proved, or in an artificial channel which has changed the course of the stream of water, and any affluent, confluent, branch or other stream into or from which the river flows.
" W o r k s " means works connected with or affecting the quantity or use of water in any river flowing through or past, or in any lake situated with in or adjoining, the land of two or more occupiers, or connected with or affecting the quantity of any water flowing in, to, or from or being in any river or lake flowing or situated as aforesaid.
(b) (i) by omitting from the definition of "Drain
lakes" and by inserting in lieu thereof the a g e " in section five the words "r ivers or words " a river or l ake" ; (ii) by omitting from the definition of "Local land board" in the same section the word "Minis te r" and by inserting in lieu thereof the word "Commission";
(iii) by inserting in the definition of "Occupier" in the same section after the word " l a n d " whore secondly occurring the words ' ' and in respect of a public road within the meaning
of
of the Local Government Act, 1919, means the council of the area within which the public road is s i tuated";
(iv) by omitting the definition of "Private irri gation scheme" in the same section and by inserting in lieu thereof the following definition:—
"Pr iva te irrigation scheme" means any work to which this Par t extends which is used or is pro posed to be used with the object of supplying water for irrigation pur poses to the subdivided parts of any land which has been or is pro posed to be subdivided for sale with a right to a supply of water by means of the said work;
(v) by inserting in the definition of "River" in the same section after the word "channel" the words " o r in a natural channel arti ficially improved, or in an artificial channel which has changed the course of the stream
of wa te r" ; (vi) by omitting from the definition of "Work"
in the same section the word " b a n k " ; (vii) by inserting after the word "weir" in the
same definition the word " regu la to r" ; (viii) by inserting in the definition of "Work to which this Par t extends" in the same sec
tion after the word "wi th in" the words " o r adjoining"; (ix) by inserting at the end of the same defini tion the words "and in respect of a flume, race, channel, cutting, tunnel or pipe divert ing water by gravitation from any such river or lake means such part of the work as is situated between the source of supply and the device fitted or installed to control the flow of the water in the work or the site where it is proposed to fit or instal such device";
(c)
(c) (i) by omitting subsections one, two, three, four and five of section seven and by inserting in lieu thereof the following subsections:—
(1) The occupier of land on the bank of a river or lake shall, subject to the provisions of subsection two of this section, have the right to take and use the water then being in the river or lake for domestic purposes, and for watering stock, and for irrigating gar dens, not exceeding five acres in extent, used in connection with a dwelling-house where the produce of such garden is not offered for sale.
It shall not be necessary for any such occupier to apply for or obtain a license for any work (not being a work mentioned in subsection six of this section) used solely in respect of the right conferred by this sub section.
(2) Where the Commission is satisfied that any such occupier taking or using water in a river or lake in the exercise of the right conferred by subsection one of this section is wasting the water so taken or where the Commission deems it necessary by reason of an actual or threatened shortage of water in any river or lake to suspend or modify the said right the Commission may give the occupier notice—
(a) personally; or
(b) by leaving the notice with any
person apparently above the age of fourteen years resident or em ployed on the land of the occupier;
or(c) by registered letter addressed to the occupier at his address last known to the Commission,
that after the expiration of a period speci fied in the notice it is the intention of the Commission to suspend or modify the said
right;
right; and at the expiration of the period so specified the said right shall be deemed to be suspended or modified as stated in the said notice unless the Commission shall have annulled or withdrawn the notice in the meantime.
(ii) by omitting from subsection six of the same section the word ' ' This ' ' and by inserting in lieu thereof the words "Subsection one of t h i s " ;
(iii) by inserting in the same subsection after the word " r i g h t " where firstly occurring the words " t o use a pump with a capacity of more than six hundred gallons per minute for the purpose of taking water for watering
stock, o r " ;
(d) (i) by omitting from section eight the words "Where the Crown" and by inserting in lieu thereof the words "Where the Commis sion on behalf of the Crown";
(ii) by omitting from the same section the words "constructed by the Crown at any time, the Crown" and by inserting in lieu thereof the words " the Commission";
(e) by inserting in section nine after the word "occupier" the words "of the s i t e " ; (f) (i) by inserting in subsection one of section ten after the word "ex tends" the words " ( n o t being a private irrigation scheme)";
(ii) by omitting from the same subsection the words "other than i rr igat ion";
(iii) by inserting next after the same subsection the following new subsection:—
(1A) An application for a license may be made under subsection one of this section by a person who proposes to construct or use any such work as is referred to in that subsection subject to his obtaining the right to occupy the site of the work; and for all purposes of or relating to such application
such
such person shall be deemed to be an
occupier:Provided that a license shall not be issued upon any application made under the authority of this subsection unless and until the applicant has obtained the right to occupy the site of the work,
(g) (i) by omitting paragraphs (i), (ii) and (iii) of subsection one of section eleven and by inserting in lieu thereof the words "con taining particulars of the application and the decision of the Commission as to whether the application should be granted or re fused, and where the Commission is pre pared to grant the application the period, terms, limitations and conditions which are to apply to the license to be issued";
(ii) by omitting from subsection two of the same section the words—
" I n the event of—
(a)
objections to the granting of the application being received by the Commission on or before the said date; or
(b) the Commission being of
opinion that the application should not be granted,
the Commission shall, and in any other
case the Commission m a y "
and by inserting in lieu thereof the words—
"Any person dissatisfied with the
grant or refusal of the application or decision of the Commission as to the with the period, terms, limitations and conditions proposed to be applied to the license may, within twenty-eight days after the publication of the later of such advertisements, lodge with the Commission an objection thereto.
Every such objection shall be in writing and shall specify the grounds of objection.
B Where Where any such objection is so lodged the Commission shal l" ;
(iii) by omitting subsection three of the same section and by inserting in lieu thereof the following subsection:—
(3) Where an inquiry is held under this section the Commission or the applicant or any person so interested as aforesaid may, within twenty-eight days from the announcement of the decision, as provided for in subsection two of this section, appeal to the Land and Valuation Court against the decision of the local land board or police magistrate. The decision of the said court shall be final.
The appeal shall be made as prescribed by rules of court of the Land and Valua tion Court and be accompanied by a fee of five pounds as security for the costs of the appeal. Notice of appeal in the prescribed form shall be given by the appellant to the Commission upon the lodging of the appeal in the Land and Valuation Court.
(h) (i) by omitting subsection one of section twelve and by inserting in lieu thereof the following subsection:—
(1) Where the decision of the Commission is in favour of the granting of an application for a license and no objection has been lodged under section eleven of this Act the Commission shall issue a license to the
applicant in the prescribed form for the period and subject to the terms, limitations and conditions (if any) contained in the decision. Where an inquiry has been held upon an objection lodged under section eleven of this Act, or an appeal against the decision upon such inquiry has been heard, a short summary of the report of the police magis trate or the local land board holding the inquiry or of the Land and Valuation Court,
as
as the case may be, shall be published in the Gazette, and the Commission shall, where the report recommends the issue of a license, issue a license to the applicant in the pre scribed form for the period and subject to the terms, limitations and conditions (if any) recommended in such report.
(ii) by inserting next after subsection two of the same section the following new sub section :—
(2A) If an applicant fails to pay to the Commission within the time prescribed the fee payable upon the issue of the license the Commission may at any time thereafter reject the application.
Where an application is rejected under this subsection the deposit accompanying such application or any part of such deposit may, in the discretion of the Commission, be retained by it.(iii) by inserting in subsection three of the same section after the words "shire council" the words " o r such other statutory body as may be prescribed";
(i) (i) by inserting in subsection one of section fourteen after the word "l icensee" the words " o r of the owner of the land upon which the licensed work is s i tuated";
(ii) by inserting in the same subsection after the words "shire council" the words " o r such other statutory body as may be pre
scribed";
(j) by inserting in section sixteen after the word "constructed" wherever occurring the words
" o r used"; (k) (i) by inserting in paragraph (a) of subsection one of section 17A after the word "au thor i ty" where secondly occurring the words " o r has irrigated an area in excess of that which he is entitled by his licence or
authority to i r r iga te" ; (ii)
(ii) by omitting from subsection two of the same section the words " I f by reason of an actual or threatened shortage of water the Commission considers" and by inserting in lieu thereof the words " I f in the opinion of the Commission there are circumstances which render it necessary or expedient t h a t " ;
(1) (i) by omitting from paragraph (b) of section
17B the words " o r revoked" and by insert
ing in lieu thereof the words "cancelled,
revoked or withdrawn";(ii) by omitting paragraph (c) of the same section and by inserting in lieu thereof the* following paragraphs:—
(c)
using such a work in contravention of the limitations or conditions subject to which the license or authority was issued and is held, or failing to com ply with the terms of any notice given by the Commission whereby the license or authority is modified or the quantity of water authorised by the license or authority to be taken thereunder has been reduced; or
(d)
failing to comply to the satisfaction of the Commission with any direction given to him by the Commission to remove wholly or in part any un licensed or unauthorised work to which this Par t extends, which is situated on land occupied or owned
by him; or
(e) failing to comply to the satisfaction of the Commission with any direction given to him by the Commission to carry out any work which the Com mission considers necessary— (i) to permit the flow of water through or past any un
licensed or unauthorised work to which this Par t
extends
extends which is situated on land occupied or owned by him; or
(ii) to prevent the use of any unlicensed or unauthorised work to which this Par t extends which is situated on land occupied or owned by him, and which is a work for the diversion or abstrac tion of water;
(iii) by inserting at the end of the same section the following new subsection:—
(2) In any prosecution under this section
proof—
(a)
that a work to which this Part extends has been constructed, erected or used without a license or authority or permit and for which a license or authority or permit should be obtained, or in contra vention of any priority of right conferred under and by virtue of this Act; or
(b)
that such a work has been used when the license or authority or permit therefor has been sus- pended, cancelled, revoked or with drawn or has expired; or
(c) that such a work has been used in
contravention of the limitations or conditions subject to which the license or authority respectively for the work was issued and is
held; or(d) of failure to comply with the terms of any notice given by the Commission whereby the license or authority is modified or the quantity of water authorised by the license or authority to be taken thereunder has been reduced, shall
shall be prima facie evidence that such con struction, erection, use or failure has been caused by the occupier of the land whereon such work is situated.
(m) by inserting at the end of section eighteen the following new subsection:— (2) If, during the time that a license under this Par t is in force in respect of a work for the purpose of irrigation, an area has been irrigated in excess of the area permitted by the license the person who has irrigated the excess area shall be liable to a penalty not exceeding one hundred pounds and in addition to the imposition of the said penalty the license may, by notice in the Gazette, be cancelled and annulled:
Provided that the holder of any such license may, during the currency thereof, apply for an additional license for the purpose of irrigating an additional area, and any such application shall be dealt with as hereinbefore provided in respect of applications for a license in the first instance.
(n) by omitting sections 18D and 18E;
(o) by inserting at the end of section nineteen the following new subsection:— (10) Any work which after the commencement of the Irrigation and Water (Amendment) Act, 1943, is not a private irrigation scheme as defined in section five of this Act but which immediately before such commencement was the
subject of a private irrigation authority, shall be deemed to be a work duly licensed under the
provisions of Division 3 of this Par t .The Commission shall, as soon as practicable after the said commencement, issue in respect of such work and in substitution for the private irrigation authority a license under Division 3 of this Par t for the unexpired portion of the period for which the private irrigation authority had been granted and subject to similar terms, limitations and conditions to those to which the private irrigation authority was subject.
In
In the event of a private irrigation authority for which a license is substituted having a priority of right under Division 3A of this Par t , the license substituted for the private irrigation authority shall have the like priority.
Notwithstanding the provisions of section twelve of this Act a license issued in accordance with this subsection shall be issued without pay ment of a fee.
(p) by omitting section twenty-five;
(q) by inserting next after section twenty-six the following new sections:— 26A. Where the operation of any statute, in cluding the Local Government Act and any Act relating to mining, but excluding the River Murray Waters Act, 1915, as amended by subse quent Acts, conflicts with the operation of the provisions of this Part , the provisions of this Par t shall prevail, and such statute shall to the extent of such conflict be inoperative.
26B. The Commission may cancel at any time after giving reasonable notice a license or an authority for a private irrigation scheme on pay ment of compensation to the person entitled to the benefit of the license or authority.
The right to the water which was vested in that person shall thereupon vest in the Commis sion in the order of precedence which was given to that person.
Such compensation shall be assessed by the
local land board of the land district in which the
work licensed or authorised is situated. 26c. No work to which this Par t extends shall be constructed by the Crown for or on behalf of any municipal council, shire council or county council or any person unless such council or person shall have first obtained a license under this Par t for the work.
This section shall not apply to any such work in course of construction by the Crown at the commencement of the Irrigation and Water (Amendment) Act, 1943.
9. (1) The Water Act, 1912-1941, is further amended—
(a)
by omitting from the definition of "Cost of the works" in section twenty-eight the word "Minis te r" and by inserting in lieu thereof the word "Commission";
(b) by omitting section 29A;
(e) by inserting in section thirty-one after the word "conservation" the words "water supply."
(2) The amendment made by paragraph (c) of sub section one of this section shall be deemed to have com menced upon the first day of December, one thousand nine hundred and thirty-nine.
10. The Water Act, 1912-1941, is further amended—
(a) (i) by omitting from subsection one of section thirty-three the word "Minis ter" and by inserting in lieu thereof the word "Commis s ion";
(ii) by omitting from the same subsection the words " the proposal, h e " and by inserting in lieu thereof the words " the proposal upon the grounds stated in the petition, the Commission";
(b) (i) by omitting from section thirty-four the word "Minis te r" wherever occurring and by inserting in lieu thereof the word "Com mission";
(ii) by inserting at the end of the same section the following new subsection:— (3) Where a trust is constituted in respect of any work to which the provisions of Par t V of this Act apply, then as from the date of the constitution of such trust such provisions shall cease to apply to the work.
(c)
by omitting from section thirty-five the word "Minis te r" and by inserting in lieu thereof the word "Commission";
(d)
(d) (i) by omitting from section thirty-seven the word "Minis ter" wherever occurring and by inserting in lieu thereof the word "Commission";
(ii) by inserting at the end of the same section the following new subsections:—
(4) Notwithstanding anything herein before contained in this section where the cost of the works is to be repaid by a sinking fund and where the Commission is unable from causes beyond its control to ascertain the cost of the works within a period of three months from the date when the works have been completed and taken over by the trust the Commission may notify in the Gazette the cost of the works so far as is ascertainable by it and the cost of the works as so notified shall in such case be the cost repayable by the t rus t :
Provided that the Commission may at any time thereafter notify in the Gazette any additional amount of the cost of the works ascertained by it. Such additional amount shall upon such notification be notified to the trustees and shall be repaid by the trust as directed by the Commission.
(5) Notwithstanding anything in this Par t contained the trust may, subject to the approval of the Commission, have the option of repaying the cost of the works
by a lump sum or in a less number of years than the period determined for extin guishing the cost of such works by a sinking
fund.
(e) by omitting from section thirty-eight the word "Minis ter" wherever occurring and by inserting in lieu thereof the word "Commission"; (f) (i) by omitting from section thirty-nine the word "Minis te r" wherever occurring and by inserting in lieu thereof the word "Commission";
(ii)
(ii) by inserting in subsection one of the same section after the word " s h a l l " where firstly occurring the words "unless it is of opinion that the petition should be refused";
(iii) by omitting from subsection two of the same section the word " h i m " and by inserting in lieu thereof the word " i t " ;
(g) by inserting next after section thirty-nine the following new section:— 39A. Where any lands within a trust district have not benefited from the works of the trust for a continuous period of three years or upwards and the occupier (in the case of Crown lands) or the owner (in any other case) of such lands signs and forwards to the Commission a request that such lands be excised from the trust district the Commission shall refer the request to the Board for inquiry and report and shall furnish to the Board a statement expressing its opinion as to—
(a)
the reasons why such lands have not so benefited or have ceased so to benefit; and
(b)
the practicability or otherwise of extending or improving the works of the trust so as to benefit the said lands; and
(c)
the effect which the granting of the request would have on the general
administration and finances of the trust. A copy of such request and statement shall be supplied to the trustees by the Board. The trustees shall refer the question of the proposed excision of the lands from the trust district and the statement abovementioned to a special general meeting of the voters of the trust of which meeting not less than fourteen days ' notice shall be given in the prescribed manner and shall convey to the Board the decision of the voters.
The
The Board shall thereupon complete its inquiry and report to the Commission whether in its opinion the request should be granted with or without amendments or should be refused.
The Commission, after consideration of such report, shall decide whether or not the whole or any part of the lands referred to in the request are to be excised from the trust district.
The Commission may, by notification in the Gazette, excise such lands from the trust district and upon the publication of such notifi cation the trust district shall be deemed to be altered accordingly.
(h) (i) by omitting from section forty the word "Minis te r" wherever occurring and by inserting in lieu thereof the word "Commission";
(ii) by omitting from the same section the word " h e " wherever occurring and by inserting in lieu thereof the word " i t " ;
(i) by omitting from section 40A the word "Minis te r" wherever occurring and by inserting in lieu thereof the word "Commission";
(J) (i) by omitting from section 40B the word "Minis te r" wherever occurring and by inserting in lieu thereof the word "Commission";
(ii) by omitting from the same section the word " h e " and by inserting in lieu thereof the
word " i t " ;
(k) by omitting section forty-one and by inserting in lieu thereof the following section:— 41. (1) If the trustees in writing request the Commission to increase the quantity of water supplied by the Crown to the trust the Commission may furnish to the trustees a state ment of the charge to be made for the additional water to be supplied pursuant to such request and of the conditions of such supply.
(2)
(2) If the trustees in writing request the Commission to improve or extend any works of the trust the Commission may—
(a) where it is of opinion that the cost of the works of improvement or extension and interest on such cost should be re paid by means of a charge for the additional water obtained by such im provement or extension, furnish to the trustees a statement of the charge to be made for such additional water; (b) where it is of opinion that the cost of the works of improvement or extension and interest on such cost should be re paid by provision of a sinking fund and payment of interest, furnish to the trustees a statement of— (i) the estimated cost of the works of improvement or extension; and
(ii) the rate of interest to be paid on the cost of such works; and
(iii) the number of years within which the cost of such works is to be repaid.
(3) Upon the receipt of an intimation from the trustees that a statement furnished to the trustees under subsection one or subsection two of this section has been approved by a special general meeting of the voters of the trust, of which meeting not less than fourteen days '
notice shall be given in the prescribed manner, the Commission may increase the quantity of water supplied or proceed with the construction or acquisition of the proposed works of im provement or extension or transfer the works to the trust, as the case may require. (4) (a) Upon additional water being sup plied by the Crown to the trust pursuant to the request of the trustees a notification shall be sent by the Commission to the trustees and shall be published by it in the Gazette directing that the trust shall pay the charge in respect of the additional water supplied. (b) (b) The completion or acquisition or
transfer to the trust of the works of improve ment or extension pursuant to the request by the trustees for the improvement or extension of the works of the trust shall be notified by the Com mission in the Gazette and a copy of the notifi cation shall be sent to the trustees.
Such notification shall—
(i) where the cost of such works of im provement or extension and interest on such cost is to be repaid by means of a charge for the additional water ob tained by such improvement or exten sion direct that the trust shall pay the charge for the additional water so ob tained ;
(ii) where the cost of such works of im provement or extension and interest on such cost is to be repaid by provision of a sinking fund and payment of in terest direct that the trust shall pay the cost of such works of improvement or extension by a sinking fund within the number of years specified in the statement referred to in paragraph (b) of subsection two of this section and the interest on such cost.
(5) Cost in this section shall mean the actual cost or estimated cost plus ten per centum whichever is the less.
(6) The charge for additional water, in commence to run from a date to be set out in the
terest, and payments to the sinking fund shall
notification referred to in subsection four of this
section.(7) In any case where the cost of the works of improvement or extension and interest on such cost is to be repaid by provision of a sinking fund and payment of interest the trust shall, subject to the approval of the Commission, have the option of repaying such cost by a lump sum or within a less number of years than the period determined for extinguishing such cost by the sinking fund.
(1)
(1) by omitting from section forty-two the word
"Minis te r" wherever occurring and by insert
ing in lieu thereof the word "Commission";(m) (i) by omitting from section forty-four the word "Minis te r" wherever occurring and by inserting in lieu thereof the word "Com mission";
(ii) by omitting from the same section the word " h i s " and by inserting in lieu thereof the
word " i t s " ;
(n) by omitting from section forty-eight the word "Minis te r" and by inserting in lieu thereof the word "Commission"; (o) by omitting from section forty-nine the word "Minis te r" and by inserting in lieu thereof the word "Commission"; (p) by omitting from section fifty-three the word "Minis te r" wherever occurring and by inserting in lieu thereof the word "Commission"; (q) by inserting at the end of section fifty-four the following new subsections:— (3) The trustees may cut off or withhold the supply of water to any land—
(a)
if any meter used to measure such supply or any outlet is out of repair or, in the opinion of the trustees, unsatis factory for the expeditious or effective
supply of water to such land; or
(b)
if, in the opinion of the trustees, such course is necessary owing to drought or any accident or other unavoidable cause; or
(c)
if the owner or occupier or person requiring a supply of water neglects to comply with the lawful requirements of the trustees as to the installation of outlets or meters or instruments for measuring the quantity of water; or
(d)
(d)
if the owner or occupier or person requiring a supply of water neglects to comply with any lawful requirements of the trustees to repair or alter water connections, outlets, channels, ditches, pipes, fittings, or appliances connected to the works under the control of the trustees; or
(e)
if the owner or occupier of the land fails to take such steps as may be neces sary to insure compliance with any order or public notice of the trustees requiring consumers of water to economise its use in time of drought or scarcity of supply.
(4) Where the Commission reduces or discon tinues the supply of water to the trustees or directs the trustees to reduce the quantity of water being taken or diverted by them from a river or lake or to discontinue the taking or diverting of water from a river or lake as pro vided in this Act, the trustees may reduce or cut off or withhold the supply of water to any land.
(5) The cutting off or withholding or reduc tion of the supply of water by the trustees under the authority of subsection three or subsection four of this section shall not affect the liability of the ratable person in respect of the rates on the land the supply of water to which has been cut off, withheld or reduced.
(r)
by omitting paragraph (d) of subsection one of section fifty-five and by inserting in lieu thereof the following paragraph:—
(d)
In the case of irrigation, a rate shall be levied on the land within the trust district which is suitable for production under irrigation and which is com manded by the works of the trust with the use of recognised methods of irri gation and for the irrigation of which land water can be delivered by means
of the works of the trust. (s) (s) (i) by omitting from section 55A the word "Minis te r" wherever occurring and by inserting in lieu thereof the word "Commis s ion";
(ii) by omitting from the same section the word " h e " wherever occurring and by inserting in lieu thereof the words " the Commis s ion";
(t) (i) by omitting from section fifty-eight the word "Minis te r" wherever occurring and by inserting in lieu thereof the word "Com mission";
(ii) by omitting from the same section the word " h i s " and by inserting in lieu thereof the
word " i t s " ;
(u) by omitting from section fifty-nine the word "Minis te r" wherever occurring and by inserting in lieu thereof the word "Commission"; (v) (i) by omitting from section sixty the word "Minis te r" wherever occurring and by inserting in lieu thereof the word "Commission";
(ii) by omitting the words "himself or his" from the same section and by inserting in lieu thereof the word " i t s " ;
(iii) by omitting from the same section the word " h e " wherever occurring and by inserting in lieu thereof the word " i t " ;
(w) by omitting from section sixty-one the word "Minis te r" and by inserting in lieu thereof the word "Commission"; (x) (i) by omitting from esction sixty-two the words
" a n d under the hand of the Minister";
(ii) by omitting from the same section the words "Minister by h i s " and by inserting in lieu thereof the words "Commission by i t s " ;
(y) (i) by omitting from section sixty-three the word "Minis te r" a"nd by inserting in lieu thereof the word "Commission";
(ii)
(ii) by omitting paragraph one of the same section and by inserting in lieu thereof the following paragraph:—
(1) to enter any land being—
(a)
the site of a work constructed or the proposed site of a work to be constructed under this P a r t ; and
(b)
within a distance of not more than sixty-six feet from the nearest boundary of such site or proposed site; and
(z) by omitting from section sixty-four the word "Minis te r" wherever occurring and by inserting in lieu thereof the word "Commission"; (aa) by inserting next after section sixty-four the following new section:—
64A. (1) Where the Commission is satisfied that by reason of an actual or threatened shortage of water or for any other sufficient cause it is necessary or expedient that the quantity of water supplied by it to a trust con stituted for the purpose of water supply, water conservation or irrigation should be reduced, or that the quantity of water being taken or diverted by the trustees of such a trust from a river or lake as defined in Par t I I of this Act, should be reduced, or that such supply, taking or diversion should be discontinued, the Commission may—
(a)
reduce for any period or periods to be determined by it the quantity of water
which it is required by or under this or any other Act or otherwise howsoever
to supply to such a t rust ; or
(b)
discontinue for any period or periods to be determined by it such supply; or
(c)
direct the trustees to reduce for any period or periods to be determined by it and notified to the trustees the quantity of water being taken or diverted by them from any such river or lake; or
(d)
(d)
direct the trustees to discontinue for any period or periods to be determined by it and notified to the trustees the taking or diverting of water from any such river or lake.
(2) No action, claim or demand what
soever shall lie or be made or allowed by orin favour of any person whomsoever against—
(a) the Commission for or in respect of any damage, loss or injury sustained or alleged to be sustained by reason of any action taken or direction given by it bona fide in the exercise of the powers conferred by subsection one of this section; or (b) the trustees for any damage, loss or injury sustained or alleged to be sus tained by reason of the discontinuance of the supply of water or the reduction in the quantity of water supplied by them where such discontinuance or reduction was rendered necessary by reason of any action taken or direction given by the Commission under sub section one of this section.
(bb) (i) by omitting from subsection one of section sixty-five the word "Minis te r" and by inserting in lieu thereof the word "Commission";
(ii) by omitting from the same subsection the word " h i m " and by inserting in lieu thereof
the word " i t " ; (iii) by omitting from subsection two of the same section the word " h i m " and by insert ing in lieu thereof the words " the Commission or the person so authorised";
(cc) (i) by omitting from section sixty-six the word "Minis te r" and by inserting in lieu thereof the word "Commission";
(ii) by omitting from the same section the word " h e " and by inserting in lieu thereof the
word " i t " ;
(dd)
(dd) (i) by omitting from subsection one of section sixty-seven the word "Minis te r" wherever occurring and by inserting in lieu thereof the word "Commission";
(ii) by omitting from the same subsection the word " h e " and by inserting in lieu thereof
the word " i t " ;
(ee) (i) by omitting from subsection one of section seventy the word "Minis te r" wherever occurring and by inserting in lieu thereof the word "Commission";
(ii) by omitting from the same subsection the word " h i s " and by inserting in lieu thereof
the word " i t s " ;
(ff) (i) by omitting from section seventy-three the word "Minis te r" wherever occurring and by inserting in lieu thereof the word "Commission";
(ii) by inserting at the end of the same section the following new subsections :—
(2) Without prejudice to the generality of subsection one of this section the pro visions of section thirty-eight of the Pub lic Works Act, 1912, shall, mutatis mutandis, apply to and in respect of any contracts for carrying out any such work.
(3) Notwithstanding the provisions of
section ninety-one of the Public Works Act,
1912, the Commission shall not be compelled
nor shall it be the duty of the Commission to make or maintain any fence in connec tion with any such work for the accommo dation of any person or for any purpose whatsoever, but the Commission may in its discretion make and maintain such fences in connection with any such work as it may deem fit.
(gg) by omitting from section 73B the word "Minis t e r " and by inserting in lieu thereof the word "Commission";
(hh)
(hh) by omitting section 73c and by inserting in lieu thereof the following sections:—
73c. (1) Notwithstanding anything elsewhere contained in this Par t the trustees of any trust relating to a work of water supply from an ar tesian bore or bores may in writing request the Commission to consider a variation of the charges payable by the trust to the Crown in order that the trustees may be enabled to aban don the provision of a sinking fund for the pay ment of the cost of the trust works and interest, and/or cease the payment to the Crown of any existing charges for water, and, in lieu of such provision and/or charges, to pay to the Crown such charges for the water obtained by or sup plied to the trust from the bore or bores as may be approved by the Governor.
(2) The Commission if it considers that a variation of the charges should be made shall supply to the trustees a statement of the pro posed altered charges. Where necessary such altered charges shall be fixed to meet the balance of the cost of the trust works and interest re maining to be repaid by the trust.
(3) Upon a notification in writing from the trustees that the statement has been ap proved by the voters of the trust at a special general meeting of such voters (of which meet ing not less than fourteen days ' notice shall be given in the prescribed manner) the Commis sion shall submit the said statement to the Gov
ernor for approval. Upon the approval of the Governor being
signified a notification shall be sent by the Commission to the trustees and shall be published by it in the Gazette directing that the trust shall pay the approved charges and abandon the pro vision of a sinking fund and/or cease the pay ment to the Crown of the charges for water previously payable by the trust and directing the times at which the said approved charges shall be paid by the trust. Such times may with the approval of the Governor extend beyond the
and by inserting in lieu thereof the following
words:—"Except with the consent of the Com mission—
(a)
an irrigation farm lease or a non irrigable lease shall not be trans ferred or subleased either in whole or in part or otherwise dealt with;
(b)
a sublease of the whole or part of an irrigation farm lease or a non- irrigable lease shall not be assigned or subleased either in whole or in part or otherwise dealt with;
(c)
an irrigation farm purchase or a non-irrigable purchase shall not be transferred or leased either in
whole or in part or otherwise dealt with; (d) a lease of the whole or part of an irrigation farm purchase or a non- irrigable" purchase shall not be assigned or subleased either in whole or in part or otherwise dealt with.
Application for the consent of the Com mission shall be made in the prescribed form.
The
The granting or refusing of any such application shall be entirely in the discre tion of the Commission.
Any transfer, lease, assignment, sublease, or other dealing whatsoever, which would contravene, or have the effect of contraven ing the provisions of this subsection, shall not be valid for any purpose whatsoever.
The provisions of this subsection shall be conditions attaching to the holding, and any breach thereof shall render the holding liable to forfeiture."
(h) (i) by omitting subsection one of section one hundred and forty-seven and by inserting in lieu thereof the following subsection:—
(1) The Commission may report to the chairman of the special land board any non performance or breach—
(a) of any special or other condition attaching to a holding; or (b) of any provision of this Act which relates to a holding,
(other than conditions or provisions relat ing to the payment of money) and there upon the board shall proceed to inquire into the matter. If the special land board after due inquiry finds that any of such condi tions or provisions have not been or are not being duly performed or there has been a
breach thereof, and so reports to the Com mission, it shall be lawful for the Com mission by notification in the Gazette to declare the holding, together with any moneys paid in respect thereof and all improvements on the land, to be forfeited, and the same shall be forfeited accordingly. The forfeiture shall not operate to ex tinguish the obligation to make any payment as is mentioned in subsection two of this section.
(ii)
(ii) by inserting at the end of the same section the following new subsection:—
(6) The provisions of this section shall not cease to apply after the perpetual lease grant or the Crown grant has issued,
(i) by inserting next after section 147B the following new short heading and section:—
Savings.
147c. Lands which, immediately before the commencement of the Irrigation Holdings (Free hold) Act, 1924, were held as—
(a) an irrigation farm or block, or
(b) a town lands block, or(c) a block of non-irrigable land,
shall on and after such commencement be deemed
to have been respectively held as—
(i) an irrigation farm lease, or
(ii) a town land lease, or(iii) a non-irrigable lease, the title to which is a lease in perpetuity.
All conditions and provisions which immedi ately before such commencement attached to such lands shall be deemed to have continued to attach thereto to the extent to which such con ditions and provisions were not repealed, super seded, amended or modified, by or under such Act or by or under any subsequent Act.
(j) (i) by inserting in subsection three of section two hundred and sixteen after the words "such shallow bore" the words "bu t if the amount outstanding exceeds the original
amount of the charge for the bore, then the
amount to be paid by the incoming settlershall be the amount of such original
charge ' ' ;
(ii) by omitting from the same subsection all words commencing with the words ' ' Subject to this subsection" down to and including the words "occupation of the land" and by inserting in lieu thereof the words "The amount to be paid to the Rural Bank in pur suance of this subsection shall be paid to the
said
said Bank in such manner, at such time or times, with such interest or without interest as the said Commission may determine and shall until paid be and remain a charge on the land in favour of the said Bank and shall be recoverable by it in any court of com petent jurisdiction from the owner or occu pier of the land for the time being."
(k)
by omitting from the matter relating to Part VI in section one the figures and symbol " 1 4 7 B " and by inserting in lieu thereof the figures and symbol "147c".
PART VII.
AMENDMENT OF THE WESTERN LANDS ACT OF 1901.
16. The Western Lands Act of 1901, as amended by subsequent Acts, is amended by inserting at the end of section thirty-one the following new subsection:—
(5) Notwithstanding any of the foregoing pro visions of this section, where any land leased under this Act upon which the Water Conservation and Irrigation Commission has put down a successful shallow bore becomes forfeited to the Crown and the land surrounding the bore is again leased, the incom ing tenant shall pay to the Rural Bank of New South Wales any amount which may still be outstanding in respect of such shallow bore, but if the amount out standing exceeds the original amount of the charge for the bore then the amount to be paid by the incom
ing tenant shall be the amount of such original
charge.
The amount to be paid to the said Rural Bank in pursuance of this subsection shall be paid to it in such manner, at such time or times, with such in terest or without interest, as the said Commission may determine and shall until paid be and remain a charge on the land in favour of the said Rural Bank and shall be recoverable by it in any court of com petent jurisdiction from the owner or occupier of the land for the time being.
For
For the purposes of this subsection "successful shallow bore" means a bore which on completion has been tested by the said Commission and found to yield a supply of water of at least one hundred gallons per hour, and of a quality suitable for drinking by stock, or a bore capable of use yielding any less supply of water of the same quality in which the casing has been allowed to remain at the request of the settler for whom the bore was sunk.
PART VIII . MISCELLANEOUS.
17. (1) (a) The yearly charge to be paid by the Dolgelly Bore Water Trust for water supplied, and to be supplied, to it by the Crown shall, from the twenty-eighth day of April, one thousand nine hundred and thirty-seven, be at the rate of eight shillings and sixpence for every thousand gallons or part thereof in the flow per day— less twenty thousand gallons per day—of water from the bore as ascertained by the Water Conservation and Irri gation Commission by measurement and notified by it to the said Trust. The measurement of the flow shall be made on or as near as practicable to the first day of April in each year.
The said yearly charge shall be paid by the said Trust whilst a natural flow greater than twenty thousand gallons per day continues from the bore outlet.
(b) This subsection shall be deemed to have
commenced upon the twenty-eighth day of April, one
| thousand nine hundred and thirty-seven. |
(2) (a) The yearly charge to be paid by the Dungle Ridge Bore Water Trust for water supplied, and to be supplied, to it by the Crown shall, for the year com mencing on the fourteenth day of July, one thousand nine hundred and thirty-six, be one hundred and twenty- three pounds, and for the year commencing the four teenth day of July, one thousand nine hundred and thirty-seven, at the rate of twelve shillings and seven- pence for every thousand gallons in the flow of water
from
from the bore per day, as ascertained by the Water Con servation and Irrigation Commission by measurement and notified by it to the said Trust. Thereafter the yearly charge shall be at the rate of twelve shillings and seven- pence for every thousand gallons in the flow per day— less ten thousand gallons per day—of water from the bore as ascertained by the Water Conservation and Irrigation Commission by measurement and notified by it to the said Trust.
The measurement of the flow shall be made on or as near as practicable to the fourteenth day of June in each year.
The said yearly charge shall be paid by the said Trust whilst a natural flow greater than ten thousand gallons per day continues from the bore outlet.(b) This subsection shall be deemed to have commenced upon the fourteenth day of July, one thousand nine hundred and thirty-six.
(3) (a) The Millie Bore Water Trust is relieved of its obligation to pay any charge for water supplied, and to be supplied, to it by the Crown other than charges which became due and payable by that Trust on or before the eighth day of September, one thousand nine hundred and thirty-six.
(b) This subsection shall be deemed to have commenced upon the eighth day of September, one thousand nine hundred and thirty-six.(4) The Pomona Irrigation Trust shall have and shall be deemed to have had at all times power to exempt from rates each of the pieces or parcels of land being lots numbers nine, ten, thirteen, 13A, 14A, 17A, twenty-six. forty-one and fifty within the Trust District provided
that this power to exempt from rates shall cease in
respect of any of the said pieces or parcels of land whenit is actually occupied or whenever it is disposed of by the person who at the commencement of this Act is the owner thereof to any other person.
(5) (a) The Combogolong Bore Water Trust is relieved of its obligation to pay any charge for water supplied, and to be supplied, to it by the Crown other than charges which became due and payable by that Trust on or before the twenty-first day of October, one thousand nine hundred and thirty-nine.
(b)
(b) This subsection shall be deemed to have commenced upon the twenty-first day of October, one thousand nine hundred and thirty-nine.
(6) (a) The Munna Munna Bore Water Trust is relieved of its obligation to pay any charge for water supplied, and to be supplied, to it by the Crown other than charges which became due and payable by that Trust on or before the thirtieth day of September, one thousand nine hundred and forty-one.
(b) This subsection shall be deemed to have commenced upon the thirtieth day of September, one thousand nine hundred and forty-one.
(7) (a) The Three B Bore Water Trust is relieved of its obligation to pay any charge for water supplied, and to be supplied, to it by the Crown other than charges which became due and payable by that Trust on or before the seventh day of May, one thousand nine hundred and forty-two.
(b) This subsection shall be deemed to have commenced upon the seventh day of May, one thousand nine hundred and forty-two.
(8) The yearly charge to be paid by the Pilliga Bore Water Trust for water to be supplied to it by the Crown shall, from the seventh day of July, one thousand nine hundred and forty-three, be at the rate of thirteen shillings for every one thousand gallons or part thereof in the flow per day—less one hundred and fifty-eight thousand gallons per day—of water from the bore as ascertained by the Water Conservation and Irrigation Commission by measurement and notified by it to the said Trust. The measurement of the flow shall be made
| on or as near as practicable to the seventh day of July | in each year. |
| 18. Whore before the commencement of this Act the Water Conservation and Irrigation Commission has by notification published in the Gazette purported to correct errors made in proclamations under Par t VI of the Water Act, 1912, as amended by subsequent Acts, constituting districts and provisional districts, and as a consequence of the correction of such errors, to apportion water rights or to increase the number of water rights and apportion such increased number of water rights, the Commission |
shall
shall be deemed to have had power to make such correc tion and apportionment and every such notification shall have effect according to its tenor as from the date of the publication thereof.
19. Any transfer or other dealing with a town land lease effected, without the consent of the Water Conser vation and Irrigation Commission, before the commence ment of the Irrigation (Amendment) Act, 1918, shall not be invalid merely because such consent was not obtained.
20 . (I) This section shall be read and construed with the Wentworth Irrigation Act and the Irrigation Act, 1912, as amended, in each case, by subsequent Acts.
(2) In this section, unless the context or subject matter otherwise indicates or requires—
"Arrears of indebtedness" means so much of the indebtedness of an occupier to the Rural Bank of New South Wales in its Irrigation Agency as had become payable to the Crown or to the Com mission, whether for instalments, interest, rent, water charges or otherwise, before the first day of July, one thousand nine hundred and thirty- four, but was not actually paid on or before that day.
"Commission" means the Water Conservation and Irrigation Commission.
"Current indebtedness" means so much of the indebtedness of an occupier to the Rural Bank of New South Wales in its Irrigation Agency as was owing to the Crown or the Commission, whether for instalments, interest, rent, water
charges or otherwise, but had not become payable on the first day of July, one thousand nine hundred and thirty-four, together with interest on such indebtedness calculated up to and includ ing the thirty-first day of December, one thou sand nine hundred and thirty-four, at the rate of four pounds per centum per annum. "Min i s te r" means the Minister for Agriculture.
"Occupier" means a person holding under anytenure any land within the irrigation area con stituted under the provisions of the Wentworth Irrigation Act, as amended by subsequent Acts.
(3);
(3) In any case where the Minister has deter mined that the arrears of indebtedness or the current indebtedness of an occupier should be extinguished or reduced as from the date determined by the Minister, the action of the Minister in so doing is hereby validated and such arrears of indebtedness or current indebted ness shall be deemed to be and to have been extinguished or reduced accordingly.
(4) In any case where the Minister has deter mined and fixed terms for payment of or in respect of the arrears of indebtedness or the current indebtedness of an occupier (or of either as reduced in pursuance of subsection three of this section), or the interest thereon, the action of the Minister in so doing is hereby validated and the arrears of indebtedness or the current indebted ness (or either of them as reduced in pursuance of sub section three of this section) or interest, shall be deemed to have been and shall be payable as so determined and fixed by the Minister.
(5) In any case where before the date of transfer of a lease granted in pursuance of the Wentworth Irrigation Act, as amended by subsequent Acts, the Commission and the proposed transferee have agreed that on such trans fer the annual rental in respect of such lease should be altered, and the Minister has determined such annual rental in accordance with such agreement, the action of the Minister in so doing is hereby validated and such annual rental so determined shall be deemed to have been and shall be the annual rental on and from the date of the transfer.
| (6) In any case where in the exercise of the area or areas of land being part of a lease of an irri | powers conferred upon it the Commission has defined an |
| gated lot granted in pursuance of the Wentworth Irri gation Act, as amended by subsequent Acts, as being non-irrigable land or land unsuited for irrigation or has varied the area or areas so defined and has agreed with the occupier that the annual rental in respect of such lease should be reduced on and from the first day of July, one thousand nine hundred and thirty-five, and the Minis ter has determined such annual rental at the amount so agreed upon the action of the Minister in so doing is hereby validated and such amount so determined shall be |
D deemed deemed to have been and shall be the annual rental on
and from the said date.(7) Notwithstanding anything contained in this or any other Act, in any case where any lease of land under the Wentworth Irrigation Act, as amended by sub sequent Acts, expires by effluxion of time, and at the date of such expiry any moneys remain owing in respect of the said lease for arrears of indebtedness or for current indebtedness the following provisions shall have effect:—
(a) If a further lease of the land is not granted to the occupier by the Commission then the moneys so remaining owing shall notwithstanding any determination by the Minister in pursuance of subsection four of this section be deemed to be and to have become due and payable on the date of such expiry and may be recovered accord ingly in any court of competent jurisdiction. (b) If a further lease of the land is granted to the occupier by the Commission— (i) the moneys so remaining owing shall be payable on the same dates and under the same conditions as if the original lease had continued;
(ii) the further lease shall be subject to such mortgages, charges or liens as were existing in respect of the original lease immediately before its expiry to the like extent to which the original lease was subject to the same and the Rural Bank of New South Wales or other the person entitled to the benefit
of any such mortgage, charge or lien may exercise its or his rights under such mortgage, charge or lien as if the same had been given or executed in respect of the further lease. (iii) the Registrar-General shall on request made by the Rural Bank of New South Wales endorse on the further lease par ticulars of any mortgage, charge or lien which was recorded on the original lease on the date of its expiry, and every such mortgage, charge or lien so
endorsed
endorsed shall be deemed to have been given and executed in respect of the further lease.
(8) (a) In any case where any mortgage, charge, lien or security exists in favour of the Rural Bank of New South Wales in respect of the indebtedness of an occupier, neither anything contained in this section nor any action taken in pursuance of this section relative to such indebtedness shall operate so as to postpone, nega tive or otherwise prejudice or affect any such mortgage, charge, lien or security except in so far as the indebted ness secured thereby may be reduced or extinguished or the terms of payment thereof varied.
(b) In this subsection "indebtedness" in
cludes arrears of indebtedness and current indebtedness.
2 1 . (1) In any and every case where an advance was
made by the Water Conservation and Irrigation Com
mission to a person to whom the said Commission was
not empowered by or under any Act to make such
advance—
(a)
the action of such Commission is hereby vali dated ;
(b)
such Commission shall be deemed to have had power to make such advance under section nine teen of the Irrigation Act, 1912-1931 (as re pealed by the Rural Bank (Agency) Act, 1934), and to have had power to take any action in respect of the said advances which might have been taken in respect of any advance properly made under the said section nineteen.
| (2) The provisions of the Rural Bank (Agency) Act, 1934, shall have effect in every way whatsoever in | respect of every advance validated by subsection one of |
| this section in the same manner as if such subsection had been enacted before the first day of July, one thousand nine hundred and thirty-five. | |
| 22 . (1) In any case where a bore has been sunk by the Commission on any land otherwise than in accord ance with the provisions of section 8B of the Irrigation Act, 1912-1941, and the regulations made thereunder— |
(a)
the action of the Commission is hereby vali dated ;
(b)
(b)
the sum of money which would have been owing to the Commission immediately before the first day of July, one thousand nine hundred and thirty-five, by the owner or occupier of the land on which the bore had been sunk, if the pro visions of the said section and of such regula tions had been complied with and if an agreement had been signed by the owner or occupier of the land before the sinking of the bore shall be deemed to have been in fact so owing.
(2) Each sum of money which by virtue of sub section one of this section is deemed to have been owing to the Commission immediately before the first day of July, one thousand nine hundred and thirty-five, shall be also deemed on the said first day of July to have become moneys owing to the Bank and the Bank shall have the same duties, powers, rights and remedies in respect of such moneys as apply to each sum of money which be came owing to it by virtue of paragraph (c) of section
70ER of the Government Savings Bank Act, 1906, as
amended by subsequent Acts.(3) Each sum of money owing in pursuance of this section shall be payable and shall be deemed always to have been payable by such instalments and with or with out interest in the manner mentioned in the certificate of charge or other written notification of cost given by the Commission in respect of the same to the person who was the owner or occupier of the land concerned at the time such certificate of charge or other written notification of cost was given:
Provided, however, that in respect of any amount owing from time to time the Bank may, on the application of the person indebted, vary the method or terms of pay ment of such amount. (4) In this section— " B a n k " means the Rural Bank of New South Wales. "Commission" means the Water Conservation and
Irrigation Commission.
"Occupier" shall have the meaning ascribed thereto in section 8B of the Irrigation Act, 1912-1941.
2 3 . (1) This section shall he read and construed with
| the | I r r i ga t ion | Act, 1912-1941. |
(2) W h e r e in the case of every i r r iga t ion f a rm
lease and i r r iga t ion f a rm purchase which is of an a rea exceeding five acres and is within the Yanco Number One I r r i ga t ion A r e a or the Mirrool Number One I r r i ga t ion Area , the price for each wa te r r igh t a t tached there to exceeds ten shillings per annum, the price for each such wa te r r ight shall be reduced to ten shillings pe r annum as from the first day of Ju ly , one thousand nine hundred and thir ty-eight , and the payments which fell due on the th i r t ie th day of June , one thousand nine hundred and thir ty-eight , for water r ights a t tached to such i r r iga t ion f a rm lease or i r r iga t ion f a rm purchase shall be reduced to such an amount as represen t s a price of ten shillings pe r water r ight per annum.
(3) The collection by the Rura l Bank of New South Wales of amounts which fell due for payment on or after the th i r t ie th day of June , one thousand nine hun dred and thir ty-eight , in respect of water r ights a t tached to an i r r iga t ion fa rm lease or an i r r iga t ion f a rm purchase ment ioned in subsection two of this section, at a reduced price of ten shillings per water r ight per annum is hereby validated.
| (4) The charges for addi t ional wa te r supplied to an i r r iga t ion f a rm lease or an i r r iga t ion f a rm purchase mentioned in subsection two of this section dur ing the per iod commencing on the first day of Ju ly , one thousand nine hundred and thir ty-seven, and ending on the thi r t ie th day of J u n e , one thousand nine hundred and thir ty-nine, shall be reduced to ten shillings pe r acre foot, and the collection by the Rura l Bank of New South Wales of the | charges for such addi t ional water a t the reduced price of |
| ten shillings pe r acre foot is hereby val idated. |
METROPOLITAN
0
0
0