Irrigation and Water (Amendment) Act 1946 (NSW)
IRRIGATION AND WATER (AMENDMENT)
ACT.
Act No. 3 5 , 1946.
An Act to make further provision for priority of right to the appropriation of water in times of shortage; to enable non-riparian occupiers of land to acquire the right to appropriate water from rivers and lakes; for these and other purposes to amend the Water Act, 1912-1944, the Irrigation Act, 1912-1944, the Crown Lands Consolidation Act, 1913, the Wentworth Irrigation Act, and certain other Acts in certain respects; to validate certain matters ; and for pur poses connected therewith. [Assented to, 21st May, 1946.]
| 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.
GATION ACT. ( 3 ) 1 . ( 1 ) This Act may be cited as the "Irr igation and
| Water | (Amendment) Act, 1 9 4 6 . " |
( 2 ) This Act is divided into Par ts as follows:— PART I.—PRELIMINARY.
PART I I .—AMENDMENT OF THE WATER ACT, 1912-
1944 .
PART I I I .—AMENDMENT OF THE IRRIGATION ACT,
1912-1944 .
PART IV.—AMENDMENT OF THE CROWN LANDS
CONSOLIDATION ACT, 1 9 1 3 . PART V.—AMENDMENT OF THE WENTWORTH IRRI
(3) The Water Act, 1912, as amended by subse quent Acts and by this Act, may be cited as the Water Act, 1912-1946.
(4) The Irrigation Act, 1912, as amended by subse quent Acts and by this Act, may be cited as the Irrigation Act, 1912-1946.
(5) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
PART II .
AMENDMENT OF THE WATER ACT, 1912-1944.
2 . (1) The Water Act, 1912-1944, is amended—
(a) (i) by inserting in section five next after the definition of "Dra inage" the following new definition :—
"Jo in t water supply scheme" means any work to which this Par t ex tends which is used or proposed to be used for the purpose of sup plying water to the lands of two or more occupiers who are jointly utilising such work or propose to do so for the said purpose, and one or more but not all of whom have
occupation of the site of the work. (ii) by omitting from the same section the defini tion of "Pr iva te irrigation scheme";
(b) (i) by omitting from subsection one of section ten the words "private irrigation scheme" and by inserting in lieu thereof the words "joint water supply scheme";
(ii) by inserting at the end of the same section the following new subsection:—
(3) An application for a license for a
work constructed or used or proposed to
be constructed or used for the purpose
of
of irrigation or water supply shall be
accompanied by—
(a)
particulars as to the means (by gravitation pumping or otherwise) by which water is to be taken from the river or lake;
(b)
particulars of the maximum rate at which water may be taken from the river or lake;
(c)
particulars of the estimated quan tity of water proposed to be taken annually;
(d)
particulars of the purpose or purposes for which the water is to be used; and
(e)
if the work is for the purpose of irrigation, particulars of the area and location of the land proposed to be irrigated, the class or classes of crops proposed to be grown thereon, the works proposed to be provided for the distribution of the water to the land to be irrigated and the work proposed to be under taken in the preparation of such land for irrigation.
(c) by omitting section eleven and by inserting in lieu thereof the following section:—
11. (1) On application being made for a license under section ten of this Act, the Commis sion shall cause to be advertised once in the Gazette and once in a newspaper published and circulating in the district where the work is or is proposed to be situated, a notice containing particulars of the application.
(2) Any person whose interests may be affected by the granting of the application may, within twenty-eight days after the date of 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.
(3)
( 3 ) (a) After the expiry of a period of
twenty-eight days after the date of the publica tion of the later of such advertisements, the Commission shall decide whether the application should be granted or refused.
(b) Where the decision of the Com mission is that the application should be granted the Commission shall give the applicant notice of the period, terms, limitations and conditions proposed to be applied to the license.
(4) In any case where the decision of the Commission is that the application should be refused, the applicant shall be notified in writing of such decision and may, within ninety days from the date of such notification, appeal to the Land and Valuation Court against such decision.
The appeal shall be made as prescribed by rules of court of the Land and Valuation 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 lodg ing of the appeal in the Land and Valuation Court.
Where the appeal is upheld the Land and Valuation Court shall specify the period, terms, limitations and conditions (if any) to be applied to the license.
The decision of the Land and Valuation Court
upon any such appeal shall be final. (5) In any case where the decision of the Commission is that the application should be granted but an objection has been lodged pursuant to subsection two of this section, or the applicant is dissatisfied with the decision of the Commission as to the period, terms, limita tions and conditions proposed to be applied to the license and has lodged with the Commission an objection thereto in writing within twenty- eight days after notice has been given to him in accordance with subsection three of this section, the Commission shall direct the local
land
land board or a police magistrate to hold a public inquiry as to the desirability of granting the application or as to the period, terms, limitations and conditions proposed to be applied to the license, as the case may be.
The holding of the inquiry shall be notified once in the Gazette and once in a newspaper published and circulating in the district where the work is or is proposed to be situated.
The Commission and all persons whose interests appear to be affected by any matter the subject of the inquiry by the local land board or police magistrate shall be permitted to attend at the inquiry and be heard in support of, or in opposition to, the matter.
The local land board or police magistrate, as the case may be, holding any inquiry under this subsection shall announce its or his decision in open court, and shall thereupon report in writing upon the inquiry to the Commission.
Where the inquiry is as to the desirability of granting the application and the report of the local land board or police magistrate as the case may be is in favour of the granting of the application the report shall embody the period, terms, limitations and conditions to be applied to the license.
Where the inquiry is as to the period, terms, limitations and conditions proposed to be applied to the license the report shall specify the period, terms, limitations and conditions to be applied to the license. ( 6 ) Where an inquiry is held under subsection five of 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 the said subsection, appeal to the Land and Valuation Court against the
decision
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 Valuation 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.
(d) by omitting subsections one and two of section twelve and by inserting in lieu thereof the following subsections— (1) (a) The Commission shall, where its decision is that an application for a license should be granted and no objection has been lodged under section eleven of this Act, issue a license to the applicant in the prescribed form for such period and subject to such terms, limitations and conditions (if any) as may be determined by the Commission.
(b) The Commission shall, in compliance with any decision of the local land board or police magistrate upon an inquiry held under subsection five of section eleven of this Act or of the Land and Valuation Court upon appeal favouring the granting of an application for a
license or as to the period, terms, limitations and conditions to be applied to a license, issue a license to the applicant in the prescribed form for the period and subject to the terms, limitations and conditions set out in the decision of the local land board or police magistrate or the Land and Valuation Court, as the case may be.
(2) Notwithstanding the provisions of
subsection one of this section—
(a)
no license shall be issued pending any appeal; and
(b)
(b)
a license shall be issued only upon payment of a fee calculated in the manner and according to the scale prescribed by regulations under this Act; and
(c)
the Commission may, before granting a license, require such alterations to be made to or in connection with the work, or to the plans and specifications of the work, as may be decided by the Commission where no inquiry is held by the local land board or police magistrate, or as may be set out in the decision of the local land board or police magistrate or the Land and Valuation Court as the case may be.
(e) by inserting next after section thirteen the following new sections— 13A. (1) Any occupier of land who desires to construct and use a work to which this Par t extends (hereinafter in this section referred to as the "supply work") for the purpose of domestic water supply, stock water supply or irrigation but does not occupy—
(a)
the land on which he desires to construct the supply work; or
(b) the whole of the land on which he in this section referred to as the "con veying works") to convey the water from the supply work to the land on which he desires to use the water, desires to construct works (hereinafter and who cannot obtain occupation of the land required for the supply work or conveying works may apply to the Commission in the form prescribed for a license to construct the supply work and to take and use for the purpose or purposes specified in the application the water, if any, obtained thereby.
(2).
(2) The application shall be accompanied
b y -
(a)
the prescribed deposit as security for the cost of investigation and inquiry in connection with the application, and such deposit may be applied by the Com mission in payment or part payment of the license fee payable by the appli cant. In the event of the applicant withdrawing or abandoning the appli cation, such deposit or any part thereof may in the discretion of the Commission be retained by i t ;
(b)
the particulars set out in subsection three of section ten of this Act;
(c) plans showing—
(i) the location of the lands to be supplied with water in relation to the river or lake from which the water supply is to be obtained; and
(ii) the lands on which the supply work is proposed to be construc ted, including the location of that work and the lands on which the conveying works are proposed to be constructed, including the
location of those works; (d) particulars of the supply work and the conveying works including all pipes, channels, regulators, flumes and other structures proposed to be constructed and used; and (e) particulars of the extent of the areas of lands, not occupied by the applicant, which are proposed to be used for the construction of the supply work and the conveying works (hereinafter in this section referred to as the "intervening lands") lands") and the names and addresses of the owners and occupiers of those lands.
(3) The provisions of subsections one and two, paragraph (a) of subsection three and subsection four of section eleven of this Act shall mutatis mutandis apply to an application under this section and to any appeal against the decision of the Commission that the application should be refused.
Upon any such appeal the owners and occupiers of the intervening lands shall be permitted to attend and be heard in support of, or in opposition to, the granting of the applica tion.
(4) In any case where the decision of the Commission is that the application should be granted the Commission shall direct the local land board or a police magistrate to hold a public inquiry as to the desirability of granting the application.
The Commission shall notify the owners and occupiers of the intervening lands of the application and of the reference thereof to the local land board or the police magistrate.
The holding of the inquiry shall be notified
once in the Gazette and once in a newspaper
published and circulating in the district wherethe supply work is or is proposed to be situated. The Commission and all persons whose interests appear to be affected by the granting of the application shall be permitted to attend at the inquiry and be heard in support of, or in opposition to, the granting of the application.
The local land board or police magistrate, as the case may be, holding the inquiry shall announce its or his decision in open court and shall thereupon report in writing upon the inquiry to the Commission.
Where
Whore the decision of the local land board or police magistrate is in favour of the granting of the application the local land board or police magistrate, as the case may be, shall also make recommendations to the Commission with respect to the terms, limitations and conditions which should be applied to the license including the occupancy and use by the licensee of the intervening lands, the payments (if any) to be made in respect of such occupancy and use, and the construction, use and maintenance of the supply work and conveying works.
On receipt of the report of the local land board or police magistrate the Commission, shall determine the terms, limitations and conditions to be applied to the license.
The decision of the local land board or police magistrate as to the desirability or otherwise of granting the application shall be notified by the Commission to the applicant and to the owners and occupiers of the intervening lands and to any person who attended at the inquiry by the local land board or police magistrate in support of or in opposition to the granting of the application. Where such decision is in favour of the granting of the application the Commis sion shall in such notification include the terms, limitations and conditions to be applied to the
license. The applicant or any owner or occupier of the
intervening lands or any person who attendedat the inquiry as aforesaid may, within twenty- eight days after the posting to him of the Commission's notification, appeal to the Land and Valuation Court against the decision of the local land board or police magistrate or the determination of the Commission of the terms, limitations and conditions to be applied to the license.
The
The decision of the said Court shall he final. The appeal shall be made as prescr ibed by
rules of court of the Land and Valuat ion Cour t a n d be accompanied by a fee of five pounds as securi ty for the costs of the appeal . Notice of appeal in the prescr ibed form shall be given by the appel lant to the Commission upon the lodging of the appeal in the Land and Valuat ion Court .
(5) An applicat ion for a license under this section shall not be g ran ted unless the local land board, police magis t ra te , Land and Valuat ion Cour t or Commission, as the case may be, is satisfied that—
(a)
it is not reasonably practicable for the appl icant to obtain or make provision for a supply of wa te r on the land on which he desires to use the wa te r adequate for the purpose or purposes specified in such applicat ion otherwise than in pursuance of a license g ran ted under this section; and
(b)
the land on which it is desired to use the wa te r is reasonably fitted for such purpose or pu rpose s ; and
(c)
the interests of riparian occupiers will not be unreasonably affected by the g ran t ing of such application.
with any decision of the local land board or (6) The Commission shall in compliance police mag i s t r a t e upon an inquiry held under subsection four of this section or of the L a n d and Valuat ion Court upon appeal favour ing the g ran t ing of an applicat ion for a license issue a license to the appl icant in the prescr ibed form for the period set out in the decision of the local land board or police mag i s t r a t e or the Land and Valuat ion Court , as the case may be, and subject to the te rms , l imitat ions and conditions determined by the Commission or set out in the decision of the Land and Valuat ion Court , as
the case may be. No No license shall be issued under this sub section pending any appeal .
A license under this section shall be issued only upon payment of a fee calculated in the manne r and according to the scale prescr ibed by regulat ions under this Act.
If the appl icant fails to pay to the Commission within the t ime prescr ibed the fee payable upon the issue of the license, the Commission m a y at any t ime thereaf ter reject the applicat ion.
W h e r e an applicat ion is rejected under th i s
subsection the deposit accompanying such applicat ion or any p a r t of such deposi t may, in the discret ion of the Commission, be re ta ined by it.
(7) Upon the issue of a license u n d e r this section the licensee may, dur ing the currency of the license, enter , occupy and use , subject to the te rms , l imitat ions and condit ions applied to the license, the in te rvening lands set out in the license for the purpose of construct ing, us ing and main ta in ing the supply work and the conveying works .
I n the event of the license laps ing or being cancelled, the l icensee's r ight the reunder to enter , occupy and use the in te rvening lands shall, subject to the provis ions of subsection nine of this section, t e rmina te .
to comply with any of the te rms, l imitat ions or (8) I n the event of the licensee fail ing
conditions of the license re la t ing to his en t ry
upon, occupancy or use of the in tervening lands , the Commission shall, on being satisfied as to such fai lure, cancel the license.
(9) F o r the purposes of sections 17B and 17c of this Act any person who was, immediately before the lapse or cancellation of the license, the holder of a license issued under this section shall be deemed to be the occupier of the in tervening lands set out in such license.
13B.
13B. (1) In inspect of any r iver , including t r ibu ta r ies there to and effluents therefrom,
or
any section of a r iver , including t r ibu ta r ies there to and effluents therefrom, or any lake, the Commission may from t ime to t ime prescr ibe—
(a) the maximum area of land within the
holding of any occupier for the i r r iga t ion of which wa te r may be taken
under a license or au thor i ty for a joint wa te r supply scheme;
(b)
the maximum area of any class of crops or p lant ings within the holding of any occupier for which wa te r may be taken under any such license or a u t h o r i t y ;
(c)
the maximum quantity of water per acre of any class of crops or p lant ings which may be taken for i r r iga t ion under any such license or au thor i ty dur ing any per iod of twelve months commenc ing on the first day of Ju ly .
(2) W h e r e a prescr ip t ion has been m a d e
under the provisions of subsection one of th i s section a license or au thor i ty for a joint w a t e r supply scheme shall not be g ran ted in respect of any work, for the t ak ing of wa te r from the r iver , or section of the r iver , or lake covered by the prescr ipt ion, for—
(a) or a g r ea t e r a rea of any class of c rops
the i r r iga t ion of a g rea te r a rea of land
or p l an t ings ; or (b)
the taking of a greater quantity of water ,
than t ha t prescribed.
(3) The Commission may, when renew ing a license or au thor i ty for a joint w a t e r supply scheme, unde r which an area of land or of any class of crops or p lant ings could be i r r iga ted in excess of the maximum area prescr ibed u n d e r
the
the provisions of subsection one of this section, or under which a quant i ty of water per acre of any class of crops or p lant ings may be taken in excess of the maximum quant i ty prescr ibed under the provis ions of subsection one of this section, renew the license or au thor i ty for the i r r iga t ion of tha t maximum area or quant i ty of wa te r only, or renew the license or au thor i ty subject to a condition tha t the a rea of land or of any class of crops or p lant ings which could be i r r iga ted under the license or au thor i ty shall be progress ively reduced to the said maximum area within a period not exceeding five years .
13c. (1) The Commission may refuse to g ran t any applicat ion for a license or au thor i ty for a joint wa te r supply scheme for the purpose of i r r iga t ing grasses or pas tu res other than sown grasses or improved pas tu res .
(2) The Commission may refuse to g ran t any applicat ion for a license or au thor i ty for a jo in t wa te r supply scheme if it is no t satisfied with the proposa ls for the construct ion of the works in r e g a r d to na tu re , class or form, or with the work proposed to be under taken by any appl icant in the p r epa ra t i on of the land
for i r r iga t ion .
(3) Notwi ths tand ing any provision
contained in this P a r t a decision of the
Commission to refuse an appl icat ion under the provisions of subsection one or subsection two of this section shall be final and shall not be subject to appeal . (4) The Commission may when renewing a license or au thor i ty for a jo int wa te r supply scheme, under which wa te r has been used for the purpose of i r r iga t ing grasses or pas tu res other than sown grasses or improved pas tu res , renew the license or au thor i ty subject to a condition tha t the i r r iga t ion of such grasses or p a s t u r e s shall be discontinued ei ther for thwi th
or
or progress ively within a specified per iod not
exceeding five years .(5) The Commission may, when renewing a license or au thor i ty for a joint wa te r supply scheme in respect of a work used for the purpose of i r r iga t ion and such work is, in the opinion of the Commission, of such na tu re , class or form, as to cause undue was tage of wa te r by the filling of depressions, lakes or swamps, or the design of the work, or the failure of the holder of the license or au thor i ty to main ta in the work or any p a r t of i t in good order and condition w a r r a n t s the Commission so doing, renew the license or au thor i ty subject to a condition tha t the work shall be al tered in design or form or repa i red to the satisfaction of the Commission, or tha t addi t ional works shall be provided within a specified per iod not exceeding
two years . In any case where the a l tera t ions , r epa i r s or addi t ions are , in the opinion of the Commission, so extensive as to w a r r a n t such action, the Com mission may g r a n t an extension of t ime for completion of such a l te ra t ions , r epa i r s or addit ions not exceeding three years .
13D. The holder of a license or au thor i ty for a joint water supply scheme gran ted for the purpose of i r r iga t ion or wa te r supply shall not, except with the permiss ion in wr i t ing of the
by means of any work covered by the license or Commission, take water from a r iver or lake au thor i ty unti l the whole of the works covered by the license or au thor i ty have been con
structed or provided.13E. The whole of the works covered by a license or au thor i ty for a joint wa te r supply scheme shall be constructed or provided within a per iod of twelve months after the g ran t ing of the license or au thor i ty or such fur ther period, or per iods not exceeding twelve months in any one instance, as the Commission
may
m a y have approved and notified in wr i t ing to the holder of the license or author i ty , and if the whole of the works have not been completed within the said period of twelve months or such fu r ther per iod or per iods as the Commission may have approved and notified as aforesaid the license or au thor i ty shall lapse.
13F. I n any case where the work covered by a license or au thor i ty for a joint wa te r supply scheme has not been used for a per iod of three yea r s or more the Commission may give the holder of the license or au thor i ty notice by regis tered le t ter addressed to the holder a t his address last known to the Commission tha t after the expira t ion of a per iod specified in the notice it is the intent ion of the Commission to cancel the license or au thor i ty . A t the expira t ion of the period ment ioned in the notice, the license or au thor i ty shall be cancelled unless the Commission shall have annulled or wi thdrawn the notice in the meant ime.
(f) (i) by inser t ing next af ter subsection one of section fourteen the following new subsec tion :—
(1A) An applicat ion for renewal of a license for a work constructed or used for the purpose of i r r iga t ion or water supply shall be accompanied by—-
(a) pa r t i cu la r s of the maximum ra te
a t which wa te r may be taken from the r iver or lake by means of the
licensed work ;
(b)
pa r t i cu la r s of the es t imated quan t i ty of wa te r proposed to be taken annua l ly ;
(c)
pa r t i cu la r s of the purpose or purposes for which the wa te r is to be used ; and
(d) if the work is for the purpose of
i r r igat ion, pa r t i cu la r s of the a r e a
and
and location of the land being i r r iga ted and the class or classes of crops to be grown thereon.
(ii) by inserting next after subsection two of
the same section the following new sub
section :—
(2A) W h e r e the Commission decides t h a t
the appl icat ion for the renewal of a license issued under section 13A of this Act shall be g r a n t e d the Commission shall notify the owners and occupiers of the in tervening lands set out in the license of such decision a n d of the period, t e rms , l imitat ions and conditions to be a t tached to the renewal of the license, and any such owner o r occupier may, within twenty-eight days af ter the pos t ing to him of such notification, lodge with the Commission an objection to the Commission 's decision to g r a n t the applicat ion or to the said period, t e rms , l imitat ions and conditions. Every such objection shall be in wr i t ing and shall specify the grounds of objection.
W h e r e an objection has been lodged under the provis ions of this subsection the applicat ion shall he deal t wi th in the manner provided in subsection four of section 13A of this Act for an appl icat ion for a license.
(iii) by inserting next after subsection three of
the same section the following new sub
section :—(3A) Notwi ths tanding the provis ions of
subsections two and three of this section
an appl icant shall have no r ight of appeal—
(a)
where the reduction of the area of land or of any class of crops or p lant ings which may be i r r iga ted by wa te r obtained by the licensed work or the reduct ion of the quant i ty of water which may be taken by the
I licensed licensed work is imposed by the operat ion of subsection three of section 13B of this Ac t ; or
(b)
against the decision of the Com mission whereby conditions a r e applied to the renewal of a l icense under the provis ions of subsec t ions four and five of section 13c of this Act.
(g) by inserting in section 14A after the word
" t w e l v e " the figures and le t ter " 1 3 A " ; (h) (i) by omit t ing from subsection two of section
14B the words " p r i v a t e i r r iga t ion s c h e m e "and by inser t ing in lieu thereof the words
" j o i n t wa te r supply s c h e m e " ; (ii) by omit t ing p a r a g r a p h s (a) and (b) of the same subsection and by inser t ing in lieu
thereof the following p a r a g r a p h s : — (a) fixed by the Commission—
(i) in respect of a license, autho r i ty or pe rmi t in existence on the first day of J u l y nex t following the da te of t he said proclamation, as soon as pract icable and notified to the holder of the license,
au thor i ty o r permit , and pa id in respect of the y e a r commencing on the said first day of J u l y and in respect of each year there af ter commencing on t h e
first day of J u l y ;
(ii) in respect of a license, au thor i ty or pe rmi t issued or renewed af ter the said first day of Ju ly , when
issuing or renewing the
license, au thor i ty or pe rmi t ,
and
and paid a t a p ropor t iona te r a t e for the por t ion of the year from the date of the issuing or renewing of the license, au thor i ty or pe rmi t to the th i r t ie th day of J u n e next following and there af ter paid in respect of each yea r commencing on the
first day of J u l y ;
(b) not g rea te r than maximum amounts which shall be prescr ibed by regulat ions made under this Act according to the purpose or purposes for which the wa te r is to be taken and used, the na tu r e of the work, and the method of obtain
ing the wa t e r ; (b1) pa id a t the t imes and in the manne r prescr ibed by regulat ions made under this Ac t ;
(iii) by inserting at the end of the same section
the following new subsect ions:—
(6) If the holder of a license, au thor i ty or permi t does not pay the charge under this section within the prescr ibed time, the license, au thor i ty or permi t may be suspended by the Commission unt i l such charge be paid.
(7) The Minis ter may, on the recom mendat ion of the Commission, remi t or waive the payment in any yea r of any amoun t pa id or payable in respect of charges under this section. The amount so remit ted or waived shall not exceed the charges pa id or payable by the holder of the license, au thor i ty or pe rmi t in respect of w a t e r used by him, as assessed by the Com mission, for the i r r iga t ion of any crop which h a s been conserved and held by him as
fodder
fodder for a per iod of not less than eighteen months and is in good condition and is protec ted to the satisfaction of the Minister .
(i) (i) by inser t ing in section sixteen next after the
word " l i c e n s e " the words " o t h e r than a license under section 13A of this A c t " ;
(ii) by inserting at the end of the same section
the w o r d s : — " A license under section 13A of this Act shall be deemed to be held by and shal l opera te and enure for the benefit of t h e lawful occupier for the t ime being of the land supplied or to be supplied with w a t e r by means of the licensed w o r k . "
(j) (i) by omit t ing from section 17A the words
" p r i v a t e i r r iga t ion s c h e m e " whereveroccurr ing and by inser t ing in lieu thereof
the words " j o i n t water supply s c h e m e " ; (ii) by inserting at the end of the same section the following new subsection:—
(3) If the Commission is satisfied tha t a licensee or the holder of an au thor i ty for a jo int wa te r supply scheme has failed to comply with the t e rms of any notice given by the Commission whereby the license o r au thor i ty is modified or the quant i ty of
wa te r author ised by the license or to be taken the reunder has been reduced,, au tho r i t y the Commission may give the licensee o r such holder, as the case may be, notice by regis tered le t ter addressed to the licensee or such holder respectively a t his address las t known to the Commission, tha t af ter the expira t ion of the per iod specified in the notice it is the intent ion of the Commission to suspend the license or author i ty . A t the expira t ion of the per iod mentioned
in the notice the license or au thor i ty shal l
be
be suspended as s ta ted in the notice unless the Commission shall have annulled or with d rawn the notice in the meant ime.
(k) by omitting Division 3A of Part II and by
inser t ing in lieu thereof the following Divis ion:—
DIVISION 3A.—Priority of right to the appro
priation of water during periods of shortage. 18A. The Governor may, by proclamat ion in the Gazette, declare t ha t the provisions of this Division shall apply to any r iver or lake or section of a r iver from a da te specified in such proclamat ion and thereupon such provisions shall apply according to the tenor of the proclamat ion.
18B. ( I ) Wi th in twelve months af ter the date of any proclamat ion made under the provisions of section 18A of this Act the Commission shall classify all licenses and author i t ies for jo int wa te r supply schemes (hereinafter in this Division refer red to as au thor i t ies ) exist ing a t the date of the proc lamat ion and which were g ran ted under the provis ions of this P a r t for the purpose of i r r iga t ion with wa te r to be app rop r i a t ed from the r iver or lake or section of a r iver to which the said proclamat ion applies, placing each of such licenses and author i t ies unde r ei ther Class A or Class B or
Class C.
(2) All such licenses and author i t ies
which were g ran ted five yea r s or more p r io r to the da te of the proclamat ion shall be classified as Class A, if—
(a) any grasses or pas tu res which a r e unde r i r r iga t ion p u r s u a n t to any such license o r au thor i ty a t the date of the classification a r e sown grasses or
improved p a s t u r e s ; and
(b)
the holder of the license or authority has made beneficial use of the r ights
held
held under the license or au thor i ty for the i r r iga t ion of lands du r ing the per iod of five yea r s immediately preceding the da te of the proclamat ion.
(3) All such licenses and author i t ies
which were g ran ted three yea r s or more p r io r to the da te of the proclamat ion and which have not been classified by the Commission as Class A shall be classified as Class B , if—
(a) of the total area of land under irriga t ion p u r s u a n t to any such license or au thor i ty a t the da te of the classification not more than twenty-five per centum is unde r grasses or pas tu res other than sown grasses or improved p a s t u r e s ; and (b) the holder of the license or authority has made beneficial use of the r igh ts held under the license o r au thor i ty for the i r r iga t ion of lands du r ing the per iod of three yea r s immediately p re ceding the da te of the proclamat ion.
(4) All licenses and author i t ies which a re not classified by the Commission as Class A or Class B licenses or author i t ies shall be classified as Class C.
(5) I n deciding whether such beneficial
use has been made of the r ights held under the license o r au thor i ty the following ma t t e r s shall be taken into account, viz. :—
(a) the regularity or otherwise of the use
of the r igh ts to a p p r o p r i a t e the wa te r
having r e g a r d to the quant i t ies avail able from time to t ime ;
(b)
the res t r ic t ions on the appropr i a t ion of water , if any, which have been imposed by the Commission dur ing the period of th ree yea r s or five years , a s the case may b e ;
(c)
(c)
the seasonal conditions and the quantity of water app ropr i a t ed or the propor tion which was i r r iga ted of the to ta l a rea which might have been i r r iga ted under the te rms of the license or au thor i ty du r ing each year of the said pe r iods ;
(d)
the use to which the app rop r i a t ed wa te r has been put and the classes of crops g rown ;
(e)
the s t anda rds of p repa ra t ion for
i r r iga t ion by works of channelling, banking, grading, cult ivation and otherwise and of maintenance of such
w orks ; and (f) such other matters as may be deemed appropr i a t e .
(6) The Commission shall notify the holder of a license or au thor i ty by regis tered let ter addressed to the holder thereof at his address last known to the Commission of the classification of the license or author i ty .
(7) The holder of a license or au thor i ty which has been classified by the Commission under Class B or Class C shall have the r ight to object to such classification, subject to such objection, with the grounds of objection set out
therein, being lodged with the Commission
within ninety days of the date of notification of such classification. (8) Any such objection shall be re fer red
by the Commission to the local land board or a
police mag i s t r a t e for inquiry and repor t . The holding of the inquiry shall be notified once in the Gazette and once in a newspaper published and circulat ing in the dis t r ic t where the work covered by the license o r au thor i ty
is s i tuated. The
The Commission and all persons whose in teres ts appea r to be affected by the classifi cation of the license or au thor i ty shall be permi t ted to a t tend a t the inquiry and be hea rd in suppor t of or in opposit ion to the objection.
The local land board or police magis t ra te , as the case may be, holding the inquiry shall announce its or his decision in open court and shall thereupon repor t in wr i t ing upon the inquiry to the Commission.
(9) W h e r e an inquiry is held under this section the Commission or the holder of the license or au thor i ty , or any person so in teres ted as aforesaid may, within twenty-eight days from the announcement of the decision as provided for in subsection eight of this section, appea l to the Land and Valua t ion Cour t agains t the decision of the local land board or police mag i s t r a t e . The decision of the said Cour t shall be final.
The appea l shall be made as prescr ibed by rules of court of the Land and Valuat ion Cour t and be accompanied by a fee of five pounds as securi ty for the costs of the appeal . Notice of appeal in the prescr ibed form shall be given by the appel lant to the Commission upon the
lodging of the appeal in the L a n d and Valuat ion Court .
(10) W h e r e the decision of the police
mag i s t r a t e or the local land board upon an inquiry into an objection lodged under subsec t ion seven of this section is in favour of the a l te ra t ion of a classification and no appea l has been lodged under subsection nine of this section or where the decision of the Land and Valua t ion Cour t is in favour of the a l te ra t ion of a classi fication, the Commission shall a l ter the classi fication in accordance with such decision.
18c.
18c. Any license or au thor i ty to app ropr i a t e w a t e r for the purpose of i r r iga t ion from a r iver or lake or section of a r iver in respect of which a proclamat ion has been made under the provisions of section 18A of this Act which is g ran ted after the date of such proclamat ion shall be classified by the Commission as a Class C
license or au thor i ty . 18D. ( I ) (a) The holder of any Class B license o r au thor i ty may a t any t ime af ter the license or au thor i ty has been in force for a per iod of more than five yea r s apply to the Commission for reclassification of such license or au thor i ty as a Class A license or au thor i ty .
(b) The holder of any Class C
license or au thor i ty may a t any t ime af ter the license or au thor i ty has been in force— (i) for a period of more than three yea r s apply to the Commission for reclassification of such license or au thor i ty as a Class B license or
author i ty , or (ii) for a period of more than five years apply to the Commission for reclassi fication of such license or au thor i ty as a Class A license or au thor i ty .
(2) A n applicat ion for reclassification
of a license or au thor i ty of Class B or Class C
as a license or au thor i ty of Class A shall be
granted , if—
(a)
the holder of the license or authority has not within the per iod of two y e a r s immediately preceding the lodging of the applicat ion wi th the Commission, used wa te r obtained by means of the work covered by the license or author i ty for the purpose of i r r iga t ing g r a s s e s or pas tu res o ther than sown g ras ses
or improved p a s t u r e s ; and (b)
(b)
the holder of the license or authority has made beneficial use of the r ights held under the license or author i ty for the i r r iga t ion of lands dur ing the per iod of five years immediately preceding the lodging of the application.
(3) An applicat ion for reclassification
of a license or au thor i ty of Class C as a license or au thor i ty of Class B shall be granted , if—
(a) of the to ta l a rea i r r iga ted with wa te r obtained by means of the work covered by the license or au thor i ty dur ing the per iod of two yea r s immediately pre ceding the lodging of the applicat ion with the Commission not more than twenty-five pe r centum has been under grasses or pas tu res other than sown
grasses or improved p a s t u r e s ; and (b) the holder of the license or authority has made beneficial use of the r igh ts held under the license or au thor i ty for the i r r iga t ion of lands dur ing the per iod of three years immediately preceding the lodging of the application.
(4) I n deciding whether such beneficial use has been made of the r igh ts held unde r the license o r au thor i ty , the m a t t e r s set out in subsection five of section 18B of this Act shall
be taken into account. (5) The Commission shall notify the holder of a license or au thor i ty by regis tered let ter addressed to the holder of the license or author i ty , as the case may require , of the decision given by it in respect of any applica tion for reclassification made p u r s u a n t to subsection one of this section. (6) The holder of a license or au thor i ty whose applicat ion for reclassification has been refused by the Commission shall have the r igh t to object to the Commission 's decision to refuse
the
the application, subject to such objection, with the grounds of objection set out therein, being lodged with the Commission within ninety days of the date of the notification of the Commis
s ion 's decision. (7) The provisions of subsections eight, nine and ten of section 18B of this Act shall apply, muta t i s mutandis , to and in respect of any objection under subsection six of this section.
(8) (a) If the holder of any license or au thor i ty which has been classified or reclassified by the Commission as a Class A or a Class B license or au thor i ty has after the license or au thor i ty has been so classified or reclassified—
(i) failed to make beneficial use of the
r ights held under the license or
au thor i ty for the i r r iga t ion of lands for a per iod of three y e a r s ; or
(ii) in the case of a Class A license or au thor i ty used water obtained by means of the work covered by such license or author i ty for the purpose of i r r iga t ing grasses or pas tu res other than sown
grasses or improved p a s t u r e s ; or (iii) in the case of a Class B license or au thor i ty used water obtained by means
of the work covered by such license or
au thor i ty for the i r r iga t ion of grassesor pas tu res other than sown grasses or improved pas tu res of a g rea te r a rea than twenty-five per centum of the total a rea i r r iga ted with water obtained by means of the work ;
the Commission may notify such holder, by regis tered let ter addressed to the holder a t his address last known to the Commission, of i ts intent ion to reclassify the license or au thor i ty as a Class B or a Class C (as the case may be)
license
license or au thor i ty as from a specified da te , such date being not less than sixty days from the da te of such notification.
(b) The holder of a license or au thor i ty shall have the r ight to object to the Commission 's intent ion to reclassify the license or au thor i ty under this subsection, subject to such objection wi th the grounds of objection set out there in being lodged with the Commis sion within sixty days of the da te of the notifi cation refer red to in p a r a g r a p h (a) of this subsection. The provis ions of subsections eight, nine and ten of section 18B of this Act shall apply, muta t i s mutandis , to and in respect of any objection under this subsection.
(e) If no such objection be received or if the decision of the local land board or police mag i s t r a t e or the Land and Valua t ion Cour t on any objection be in favour of the reclassification of the license or author i ty , the Commission may reclassify the license or au thor i ty as a Class B or a Class C (as the case m a y be) license or au thor i ty as a t the da te specified in the notification re fer red to in pa ra g r a p h (a) of this subsection or such la te r da te as may be recommended by the local land board or police magis t ra te , or directed by the L a n d
a n d Valuat ion Court .
(d) I n deciding whether the holder of a license or au thor i ty has failed to make beneficial use of the r ights held under the license or au thor i ty the ma t t e r s set out in subsection five of section 18B of this Act shall be taken into account.
18E. (1) If at any t ime the Commission is of the opinion tha t the quant i ty of water available, or likely to be available, in a r iver or lake or section of a r iver , to which a proclamat ion under the provisions of section 18A of this Act has appl ied the provisions of this Division, is
insufficient
Insufficient to meet all requirements , the Com mission may as hereinaf ter provided res t r ic t or suspend the r igh ts held under licenses, per mits or author i t ies g ran ted under this P a r t o r held unde r the provisions of section seven of this Act for the appropr i a t ion of water for any purpose from such r iver or lake or section of a r iver or any p a r t of such r iver or lake or section.
(2) (a) Pa r t i cu l a r s of any res t r ic t ions
o r suspensions imposed by the Commission u n d e r the provisions of subsection one of this section shall be notified in the Gazette and in a newspaper published and circulat ing in the d i s t r i c t in which the r iver or lake o r section of a r iver is s i tuated.
(b) Any such notification may be amended, al tered, modified or cancelled a t any t ime by the Commission and par t i cu la r s of any amendment , a l tera t ion, modification or cancel lat ion shall be notified in the Gazette and in a newspaper published and circulat ing in the dis t r ic t in which the r iver or lake or section of a r iver is s i tuated.
(3) (a) The Commission may, in impos
ing res t r ic t ions or suspensions under the provis ions of this section—
(i) restrict or suspend the rights for the
appropr i a t ion of wa te r for any p u r p o s e ; (ii) restrict or suspend the rights for the
appropr ia t ion of wa te r for specified
purposes without res t r ic t ing or sus
pending the r igh ts for other p u r p o s e s ; ( i i i )
res t r ic t or suspend the r ights for the app ropr i a t i on of wa te r unde r any specified Class of license or au thor i ty wi thout res t r ic t ing or suspending the r igh ts under any higher Class.
(b).
(b) The res t r ic t ion or suspens ion
of r igh ts for the appropr i a t ion of wa te r shal l be imposed by the Commission only in accord
ance with the followiug o r d e r : (i) rights under permits for any purpose other than domestic and stock supp ly ;
(ii) r ights under Class C licenses a n d
author i t ies for the purpose of i r r iga tion ; (iii) rights under Class B licenses and.
author i t ies for the purpose of i r r iga tion ;
(iv) r igh ts unde r Class A licenses a n d
author i t ies for the purpose of i r r iga t ion ; (v) rights under licenses and authorities- for purposes other than i r r iga t ion a n d domestic and town and village w a t e r supply, r igh ts under permi ts for stock supply and r ights held under section seven of this Act for the appropr ia t ion of wa te r for stock supply ;
(vi) r ights under licenses, au thor i t ies a n d permi ts for domestic purposes and town and village wa te r supply and r i g h t s held under section seven of this Act for the appropr ia t ion of water for domestic
purposes . (c) Notwi ths tanding the provisions, of p a r a g r a p h (b) of this subsection the Commis sion may, in imposing res t r ic t ions or suspensions with respect to licenses and author i t ies classified under the provis ions of this Division as Class A, Class B or Class C, res t r ic t or suspend the r igh ts for the appropr i a t ion of water for t h e purpose of i r r iga t ion held under such licenses and author i t ies without res t r ic t ing or suspend ing the r igh ts held under such licenses and author i t ies for the appropr ia t ion of water for
purposes other than i r r igat ion.
(4)
(4) I n any case where the Commission, In accordance with the provis ions of th is Division, has imposed restr ic t ions on the r ights to app rop r i a t e water no appropr ia t ions of water shal l be made under section seven of this Act or under any license, au thor i ty or pe rmi t except in accordance with such r ights as so restr icted, a n d where the Commission under the provisions of this Division has suspended any r ights to a p p r o p r i a t e water held under section seven or held under any license, au thor i ty or permi t no appropr i a t ions of wa te r for any purpose in respect of which such suspension has been imposed shall be made, and any person fail ing t o comply with the provis ions of this subsection shal l , upon conviction, be liable to a penal ty not exceeding five hundred pounds and in addit ion the Commission may suspend, for any per iod not exceeding five years , the license, au thor i ty o r pe rmi t in respect of any work by means of which any misappropr ia t ion of wa te r has been m a d e in contravent ion of this subsection, and, in any case of suspension of a Class A or a Class B license or author i ty , may on the renewal of such license or au thor i ty reclassify it as a license o r au thor i ty of the next lower Class and may, following a second offence by a holder of a license or author i ty , cancel such license or author i ty .
(1) by omit t ing section 18P;
(m) by omitting Division 4 of Part II and by inser t ing in lieu thereof the following Divis ion:
DIVISION 4 . — J O I N T W A T E R S U P P L Y SCHEMES. 19. No water shall be taken from any r iver or lake for the purposes of any jo int wa te r supply scheme except under au thor i ty granted in pur suance of the provis ions of this Division.
20. (1) The occupiers of the whole of t h e lands supplied or proposed to be supplied with w a t e r obtained by means of a joint water supply scheme may apply to the Commission in the form prescr ibed for an au thor i ty to construct and use the joint water supply scheme and to take and use, for the purposes specified in the application, the water , if any, conserved or obtained thereby.
(2) The applicat ion shall be accompanied by the prescr ibed deposit as securi ty for the cost of invest igat ion and inqui ry in connection wi th the application, and such deposit may be appl ied by the Commission in payment or p a r t paymen t of the fee payable by the appl icants i n respect of the author i ty .
I n the event of the applicat ion being with d r a w n or abandoned such deposit or any p a r t thereof may in the discret ion of the Commission be re ta ined by it.
The applicat ion shall also be accompanied
b y -
(a)
par t i cu la rs as to the means (by g rav i t a tion, pumping or otherwise) by which wa te r is to be taken from the r ive r o r l ake ; and of any channel, flume, p ipe , conduit or other work in which wa te r is to be conveyed to the land of each
occupier ; (b)
a plan showing the land occupied by each occupier, the location of the means by which wa te r is to be taken from t h e r ive r or lake, the location of any channel , flume, pipe, conduit or o t h e r work in which w a t e r is to be so con veyed, and the location of any br idge , culvert , syphon, check, regu la tor o r o ther s t ruc ture or work to be provided , and if the work is for the pu rpose of
i r r iga t ion
i r r iga t ion the location of the a reas proposed to be i r r iga ted within the land of each occupier;
(c)
particulars of the purpose or purposes for which the wa te r is to be used ;
(d)
if the work is for the purpose of irriga tion par t i cu la r s of the a r ea proposed to be i r r iga ted within the land of each occupier and of the to ta l of such a r ea s and par t i cu la rs of the class or classes
of crops proposed to be i r r i ga t ed ;
(e) pa r t i cu la r s of the maximum ra t e a t which wa te r may be taken from t h e
r iver or lake;
(f)
pa r t i cu la r s of the es t imated quan t i ty of wa te r proposed to be taken annua l ly ;
(g)
pa r t i cu la r s of the quant i t ies of w a t e r proposed to be delivered annual ly t o the land of each occupier, the ra tes and t imes of such deliveries, and of any other m a t t e r s affecting the appor t ion ment of the water between the several
occupiers as may be a p p r o p r i a t e ; (h)
a certified copy of any agreement between any of the occupiers o r between any of the occupiers and any other person in respect of the jo int
wa te r supply scheme;
(i) pa r t i cu la r s of any moneys pa id or proposed to be pa id to any person in respect of the supply of wa te r and t h e occupancy or t r ans fe r of any land because of or in connection with the jo int wa te r supply scheme;
(j) pa r t i cu la r s of the proposa ls of t he occupiers in respect of the a r range ments to be entered into between them for the provision, construction, opera tion, maintenance and renewal of the
works
works and the provision of moneys for same and the payments to be made by any of the occupiers in respect
thereof.
20A. (1) On application being made for an au thor i ty under this Division the Commission shall cause to be published, once in the Gazette and once in a newspaper published and circulat ing in the dis t r ic t where the work is or is p ro posed to be si tuated, a notice giving par t i cu la rs of the applicat ion.
Any person objecting to the g ran t ing of the applicat ion may, within twenty-eight days after the publicat ion of the la ter of such advert ise ments , lodge with the Commission an objection thereto . E v e r y such objection shall be in
wr i t ing and shall specify the grounds of objection. (2) The Commission shall, whether or not an objection has been lodged with it, direct the local land board or a police mag i s t r a t e to hold a public inquiry as to the desirabi l i ty of g r a n t i n g the application. W h e r e the recommen dation of the local land board o r police magis t r a t e is in favour of the g ran t ing of the applicat ion the local land board or police magis t r a t e , as the case may be, shall embody in such recommendat ion the a r r angemen t s which should
in i ts or his opinion be made by the occupiers in respect of the provision, construction, opera tion, maintenance and renewal of the works, the appor t ionment between them of the wa te r taken by means of such works and any payments to be made by any of them in respect of the works or the wa te r supply. The holding of the inqui ry shall be notified once in the Gazette and once in a newspaper published and circulat ing in the dis t r ic t where the work is or is proposed to be si tuated.
The
The Commission and all persons whose
in teres ts appea r to be affected by the g ran t ing of the applicat ion shall be permi t ted to a t tend a t the inquiry and be hea rd in suppor t of, or in opposit ion to, the g ran t ing of the applicat ion.
The local land board or police mag i s t r a t e , as
the case may be, holding the inquiry, shall r epor t in wr i t ing upon the inquiry to the Commission.
20B. (1) Upon receipt of the r epo r t of the local land board or police mag i s t r a t e upon any such inquiry the Commission shall decide whether or not the applicat ion shall be g ran ted provided tha t in respect of any applicat ion where the local land board or police magis t ra te , as the case may be, has recommended the grant ing of the applicat ion the Commission may only refuse to g r a n t the applicat ion with the approva l of the Minister .
(2) W h e r e the Commission has decided to g ran t an appl icat ion for an au thor i ty the Commission shall, on payment of the prescr ibed fee and on receipt by it of the certified copy of the agreement executed by the occupiers as here inaf ter provided, issue to the appl icants an au thor i ty for the joint wa te r supply scheme for a period not exceeding ten yea r s subject to such t e rms and conditions in respect of the taking of water as the Commission may deem fit and
a r r angemen t s to be made between the occupiers, subject to such conditions in respect of the for the provision, construction, operat ion, maintenance and renewal of the works, the appor t ionment between the occupiers of the wa te r taken by means of such works and the payments to be made in respect of each and all p a r t s of the operat ions for the wa te r supply as shall be determined by the Commission.
(3) If the appl icants fail to pay to t he
Commission within the time prescr ibed the fee
payable upon the issue of the au thor i ty theCommission
Commission may a t any t ime thereaf ter reject the applicat ion. When an applicat ion is rejected under this subsection the deposit accompanying such appli cation or any p a r t of such deposit may, in the discret ion of the Commission, be re ta ined by it.
(4) Wi th in three months of being noti fied of the Commission 's decision to g r a n t the applicat ion for an au thor i ty and of the condi t ions determined by the Commission in respect of the a r r angemen t s to be made between the occupiers for the provision, construct ion, opera t ion, maintenance and renewal of the works , the appor t ionment between the occupiers of the wa te r taken by means of such works and the payments to be made in respect of each and all p a r t s of the operat ions for the wa te r supply, an agreement , sa t isfactory to the Commission, embodying such conditions and covering the full per iod for which the Commission has decided to g r a n t the au thor i ty shall be executed by the occupiers of the whole of the lands to be supplied with water obtained by means of the jo int wa te r supply scheme.
A certified copy of such agreement shall be
lodged with the Commission.
I n the event of such certified copy not being
lodged with the Commission within the said
per iod of three months the Commission m a y at any time thereaf te r reject the application. When an applicat ion has been rejected under this subsection the deposit accompanying such applicat ion or any p a r t of such deposit may, in the discretion of the Commission, be re ta ined by it. 20c. (1) Subject as here inaf ter in this sec tion provided an au thor i ty may be renewed from time to t ime by the Commission on the appl icat ion of the occupiers of the lands
supplied
suppl ied wi th water obtained by means of a j o in t water supply scheme and on payment of the prescr ibed fee.
Such applicat ion shall be made before the exp i ra t ion of the per iod for which the au thor i ty was g ran ted or last renewed, as the case may
be.
No renewal shall be for a longer per iod than
t en years . Pend ing considerat ion of the applicat ion by the Commission the au thor i ty shall not lapse, but should the prescr ibed fee be not pa id within t he prescr ibed t ime or the certified copy of the agreement be not lodged with the Commission a s hereinaf ter provided the au thor i ty shall lapse.
(2) An au thor i ty may be renewed by the Commission subject to such t e rms and condi t ions in respect of the taking of wa te r as the Commission m a y deem fit and subject to such condit ions in respect of the a r r angemen t s to be made between the occupiers for the provision, construct ion, operat ion, maintenance and renewal of the works, the appor t ionment between the occupiers of the water taken by means of such works and the payments to be made in respect of each and all p a r t s of the de te rmined by the Commission. opera t ions for the wa te r supply as shall be (3) Wi th in three months of being notified of the Commission 's decision to renew a n au thor i ty and of the conditions deter mined by the Commission in respect of the a r rangement s to be made between the occupiers for the provision, construction, opera t ion, maintenance and renewal of the works, the appor t ionment between the occupiers of the w a t e r taken by m e a n s of such w o r k s and the paymen t s to be made in respect of each and all
p a r t s
p a r t s of the opera t ions for the water supply, an agreement , sa t is factory to the Commission, embodying such conditions and covering the full per iod for which the Commission has decided to renew the au thor i ty shall be executed by the occupiers of the whole of the lands supplied with water obtained by means of the jo int w a t e r supply scheme.
A certified copy of such agreement shall be lodged with the Commission within the said per iod of three months .
(4) The Commission may only refuse to g r a n t a renewal of an au thor i ty with the approva l of the Minister .
20D. If dur ing the time tha t an au thor i ty unde r this Division is in force, a l te ra t ions have been made in or in connection with the work which mater ia l ly and prejudicial ly affect t he quant i ty of wa te r flowing into or from, or be ing in any r iver or lake, without the p rev ious consent of the Commission, the person who m a d e the a l tera t ions shall be liable to a penal ty n o t exceeding one hundred pounds, and, in addi t ion to the imposit ion of the said penal ty , t he au thor i ty may be cancelled by the Commission,
20E. (1) If the occupiers of the whole of t he
lands supplied with w a t e r obtained by means
of a joint water supply scheme apply to t h e
Commission f o r an amended au thor i ty to excludeany p a r t of the lands which may be supplied with wa te r under the t e rms of the au thor i ty for the joint w a t e r supply scheme the Commission shall issue in respect of the remaining lands and in subst i tut ion for the exis t ing au thor i ty an amended au thor i ty for the unexpired por t ion of the per iod f o r which the exist ing au thor i ty had been g ran ted and subject to such te rms and conditions as the Commission may deem fit.
Any such amended au thor i ty shall bo issued without payment of a fee.
(2)
(2) (a) If it be desired tha t an au thor i ty be amended so tha t land addi t ional to the land specified in the au thor i ty may be supplied with wa te r obtained by means of the work covered by the author i ty , the occupiers of the whole of the lands supplied wi th water obtained by means of t ha t work and the occupier of the addi t ional land may apply to the Commission for an
amended author i ty . (b) On applicat ion being made for a n amended au thor i ty under this subsection the Commission shall cause to be published, once in the Gazette and once in a newspaper published a n d circulat ing in the distr ict where the work is s i tuated, a notice giving par t i cu la r s of the applicat ion.
Any person objecting to the g ran t ing of the appl icat ion may, within twenty-eight days af ter the publication of the la ter of such advert ise ments , lodge with the Commission an objection there to . E v e r y such objection shall be in wr i t ing and shall specify the g rounds of objection.
(c) The Commission shall, whether or not an objection has been lodged with it, direct the local land board or a police mag i s t r a t e to hold a public inquiry as to the desirabi l i ty
of g r an t ing the application. Where the recommendation of the local land
board or police mag i s t r a t e is in favour of the
o r police magis t ra te , as the case may be, shall g ran t ing of the applicat ion the local land board r epor t to the Commission as to whether any of the t e rms and conditions to which the au thor i ty is subject should be amended and if so in wha t respect.
(d) Upon the receipt of the r epo r t of the local land board or police mag i s t r a t e upon any such inqui ry the Commission shall decide whether or not the applicat ion shall be g ran ted , provided tha t in respect of any appl i ca t ion where the local land board or police
magis t ra te ,
magi s t r a t e , as the case may he, has recom mended the g ran t ing of the applicat ion t he Commission may only refuse to g r a n t the appl i cation with the approva l of the Minister .
(e) W h e r e the Commission h a s
decided to g ran t an applicat ion for an amended au thor i ty the Commission shall, on payment of such fee as it may determine, issue in respect of the lands which may be supplied with w a t e r under the t e rms of the exist ing au thor i ty and the addi t ional land, and in subst i tut ion for the exist ing au thor i ty , an amended au thor i ty for t he unexpi red por t ion of the per iod for which the exis t ing au thor i ty had been g ran ted and subject to such t e rms and conditions as the Commission may deem fit.
(3) The Commission may before i ssu ing an amended au thor i ty unde r subsection one or subsection two of this section require t he occupiers of the whole of the lands to be supplied wi th wa te r by means of the works covered by
such amended au thor i ty—
(a)
to enter into an agreement , sa t i s fac tory to the Commission, embodying t h e a r r angemen t s to be made between such occupiers for the provision, construc tion, operat ion, maintenance and renewal of the works, the appor t ion ment between the occupiers of the w a t e r
taken by means of such works and t h e paymen t s to be made in respect of each and all p a r t s of the operat ions for t he
wa te r supp ly ; and (b) to lodge a certified copy of such agree ment with the Commission.
20F. An au thor i ty shall be deemed to be held by and shall opera te and enure for the benefit of the lawful occupiers for the t ime being of the lands specified in the au thor i ty which a r e supplied with wa te r obtained by means of t he
work
work covered by the author i ty . Such occupiers shal l be bound by the te rms and conditions of the au thor i ty and upon breach of any such t e rms and conditions the au thor i ty may be cancelled by the Commission.
20G. (1) Any work which immediately before the commencement of the I r r i ga t i on and W a t e r (Amendment ) Act , 1946, was the subject of a p r iva te i r r iga t ion author i ty , but which af ter such commencement is not a joint water supply scheme as defined in section five of this Act, shall be deemed to be a work duly licensed under the provisions of Division 3 of this P a r t .
The Commission shall, as soon as pract icable a f te r the said commencement, issue in respect of such work and in subst i tut ion for the p r iva te i r r iga t ion au thor i ty a license under Division 3 of this P a r t for the unexpired por t ion of the per iod for which the p r iva te i r r iga t ion au thor i ty had been g ran ted and subject to s imilar t e rms , l imita t ions and conditions to those to which the
p r iva te i r r iga t ion au thor i ty was subject. Notwi ths tanding the provisions of section twelve of this Act a license issued in accordance wi th this subsection shall be issued without payment of a fee.
(2) Any pr iva te i r r igat ion au thor i ty in
existence immediately before the commencement
of the I r r iga t ion and W a t e r (Amendment ) Act, 1946, for a work which after such commencement is a jo int water supply scheme as defined in section five of this Act shall be deemed to be a n au thor i ty for a joint water supply scheme for the unexpired por t ion of the per iod for which the p r i v a t e i r r iga t ion au thor i ty had been g ran ted and subject to the same t e rms , conditions and l imitat ions as those to which the
p r iva t e i r r iga t ion au thor i ty was subject. 20n. (1) Any person who contravenes the
provisions of this Division, or contravenes orfails to ca r ry out any te rm or condition of an
au thor i ty ,
author i ty , shall be liable to a penal ty not exceeding fifty pounds, and a fur ther penal ty of five pounds for each day dur ing which the contravent ion continues af ter conviction; and, in addi t ion to the imposit ion of the said penal ty, the au thor i ty may be cancelled by the Commission.
(2) An au thor i ty under this Division may be cancelled by the Commission by notifi cation in the Gazette, which shall be conclusive evidence of such cancellation.
(n) by inserting next after section twenty-one the following new section:— 21A. ( I ) Any person who discharges or puts,, or pe rmi t s to be discharged, put , or carr ied, or to fall or flow into a r iver or lake—
(a) any noisome, noxious, poisonous or
unwholesome m a t t e r ; or (b)
any foul water, slop water or house hold waste water , refuse, rubbish, garbage , solid or l iquid sewage, sludge, slime, cinders, ashes, or any solid refuse of any factory, manufac tu r ing process, mine, qua r ry , t rade works or business, or d ra inage from a pr ivy, cess pit , s laughter house, stable, cowyard
or p i g s t y ; or
(c)
any water or liquid proceeding from any mine (including sluicing and dredging opera t ions) , factory, manu fac tur ing process, t r ade works or business, which wa te r is so charged with chemicals, sludge, slime, silt, soil or other m a t t e r as to render the w a t e r of the r iver or lake unfit for human consumption, or domestic purposes , o r for water ing stock or for the i r r iga t ion of land,
shall
shall be guilty of an offence and shall be liable on summary conviction to a penalty not exceeding five hundred pounds and, in the case of a continuing offence, to a further penalty not exceeding twenty pounds for each day during which the offence continues after notice in writing by the Commission to abate or cease the offence has been given to the person offending.
(2) Notwithstanding the provisions of subsection one of this section where the Commission has served upon any person a notice requiring that person to abate any act matter or thing mentioned in that subsection and the person has failed to comply with the notice, the Commission by its officers or servants or any person authorised by it in that behalf may enter upon any land or premises and inspect the same and take such measures as it may consider necessary for such abatement and it shall not be necessary for the Commission to obtain an injunction or other order of a court to entitle it to make such entry or to take such measures. The Commission may recover the cost and expense incurred by it in making such entry and taking such measures from the person offending as a debt.
(3) Nothing contained in this section
shall be construed to impair any power of
abating nuisances at common law.
(o) by inserting next after section twenty-two the following new section:— 22A. The Commission in any time of emer gency or when there is an actual or threatened shortage of water may for such period and subject to such limitations and conditions as it may think fit authorise any public authority as prescribed to take such measures as may by the Commission be thought fit to conserve water in or obtain water from a river or
lake
lake for the purpose of supplying water or augmenting the supply of water for town or village water supply or other public purpose, and in the exercise of powers conferred by that authority the public authority may enter any land and construct and use any work to which this Par t extends and it shall not be necessary for the public authority to obtain a license or permit for any work constructed or used solely in respect of the authority so conferred by the Commission.
(p) by omitting from section 26B the words "private irrigation scheme" and by inserting in lieu thereof the words "joint water supply scheme"; (q) by inserting next after section 26c the following new section:— 26D. (1) The provisions of this section shall apply to any river or lake or section of a river which may be prescribed.
(2) No owner or occupier of land or other person whomsoever shall, except with the permission of the Forestry Commission of New South Wales, ringbark, cut down, fell, or destroy, or cause or allow to be ringbarked, cut down, felled, or destroyed, any tree situated within, or within one chain of, the bed or bank of any river or lake or section of a river to which this section applies.
(3) Application for a permit under this section shall be made in writing to the Forestry Commission of New South Wales and shall specify the land in respect of which the permit is desired. The said Commission may, after inquiry, refuse any permit applied for under this section or may grant it subject to such conditions as the said Commission may think fit.
Any such permit may specify as a condition
thereof the extent of trees to be left standing
for
for shade, shelter, windbreak and/or other purposes on the land or on such part or parts of the land as may be defined in the permit.
Any such permit may specify as a condition thereof the limit of time within which it shall be in force.
The said Commission may at any time revoke any permit issued under the provisions of this section.
(4) Any owner or occupier of land or any other person who ringbarks, cuts down, fells, or destroys, or causes to be ringbarked, cut down, felled or destroyed any tree contrary to this section shall be liable to a penalty not exceeding fifty pounds.(5) For the purposes of this section the Forestry Commission of New South Wales, or any person authorised by it, may enter and inspect any land.
(6) In this section—
" B a n k " means the limit of the bed of any river or lake.
" B e d " means the whole of the soil of the channel in which a river flows or the soil forming the bottom of a lake in cluding that portion thereof which is alternately covered and left bare as there may be an increase or diminution in the supply of water and which is
mean stage without reference to extraadequate to contain it at its average or ordinary freshets in time of flood or to extreme droughts.
" T r e e " includes sapling, shrub and scrub. by omitting from section twenty-seven the words "private irrigation schemes" wherever occurring and by inserting in lieu thereof the words "joint water supply schemes";
(r)
(s) (i) by inserting in subsection one of section
thirty-four after the word "Governor" thewords "by proclamation in the Gazette";
(ii)
(ii) by omitting subsection two of the same
section.
( 2 ) The Water Act, 1912-1944, is further
amended—
(a) by omitting from section one the words, figures and symbols "DIVISION 3A.—Priority of right to
the appropriation of water—ss. 18A-18E," and
by inserting in lieu thereof the words, figures
and symbols "DIVISION 3A.—Priority of right to the appropriation of water during periods of
shortage—ss. 1 8 A - 1 8 E " ; (b) by omitting from the same section the words,
figures and symbols "DIVISION 4.—Private irri gation schemes—ss. 19 , 2 0 , " and by inserting in
lieu thereof the words, figures and symbols
"DIVISION 4.—Joint water supply schemes—ss.
19-20H."
3. The Water Act, 1912-1944, is further amended—
(a) (i) by inserting in subparagraph (i) of para graph (c) of subsection two of section one hundred and thirty-one after the word " a c r e " the words " o r where the water is to be supplied in pipes under pressure the annual rate or charge per holding for specified quantities of water and the charges for water in excess of such quan t i t ies" ;
(ii) by inserting in subparagraph (i) of para
word " a c r e " the words " o r where the graph (d) of the same subsection after the water is to be supplied in pipes under pressure the annual rate or charge per holding for specified quantities of water and the charges for water in excess of such quanti t ies";
(b) by inserting at the end of subsection one of section one hundred and thirty-two the following
proviso:—"Provided that the annual rates or charges
to be paid during the period from the date of
the
the constitution of the provisional district to the thirtieth day of June next following the fifth anniversary of the constitution of the district shall not exceed but may be less than the annual rates or charges notified in the proposal";
(c) by inserting at the end of paragraph (d) of subsection one of section one hundred and thirty-three the words "Such rates and charges shall not exceed but may be less than the rates and charges notified in the Gazette under the provisions of section one hundred and thirty-one or where those rates and charges have been amended by a proclamation under the provisions of section one hundred and thirty-two of this Act, the rates and charges as so amended"; (d) by inserting at the end of section one hundred and forty-two the following new subsection:—
(2) The charges for water delivered for domestic and stock use in excess of the quan tities in respect of which an annual rate or charge per holding is specified under the constitution of a district or provisional district in any year ending the thirtieth day of June shall be paid on or before the thirty-first day of July next following.
(e) (i) by inserting at the end of subsection two
of section one hundred and forty-seven the
following proviso:— Provided that the Commission may, with the object of preventing the waste of water, refuse to deliver water to any holding on which the land to be irrigated is not in its opinion properly prepared for irrigation or on which the ditches or channels to be used for the distribution of the water within the holding are in the opinion of the Commis sion inadequate or in a bad state of repair, and the Commission may at any time refuse to deliver water to any holding for the irrigation of grasses or pastures which are
not
not sown grasses or improved pastures. Any such refusal to deliver water shall not in any way relieve the owner of the holding of liability for payment of any charge in respect of the water rights attached to the holding.
(ii) by inserting at the end of subsection three of the same section the words "The Com mission may deliver to any holding within a district or provisional district water for domestic and stock use in excess of the quan tities for which an annual rate or charge has been specified under the constitution of that district or provisional district and may fix charges for such excess water and impose conditions in respect of the supply;"
(f) by inserting at the end of subsection one of
section one hundred and fifty-three the following proviso:—
Provided that the maximum annual rate to be paid during the period from the date of the constitution of the provisional district to the thirtieth day of June next following the fifth anniversary of the constitution of the district shall not exceed but may be less than the maxi mum annual rate notified in the proposal.
(g)
by inserting at the end of paragraph (c) of subsection one of section one hundred and fifty-
four the words " o r where that maximum annual rate has been amended by a proclamation under the provisions of section one hundred and fifty- three of this Act, the maximum annual rate as so amended;"
(h)
by inserting at the end of section one hundred and fifty-five the following new subsection:—
(8) "Where additional lands have been included in a district or provisional district under this section the Commission may in respect of those lands assess the rates for the year current at the date of such inclusion.
Such
Such rates shall be proportionate to the portion of the year during which those lands are included in the district or provisional district.
(i) by omitting paragraph (c) of subsection one of section one hundred and fifty-nine and by inserting in lieu thereof the following para graphs :—
(c) for the period from the date of the constitution of the provisional district to the date of the constitution of the district be not greater but may be less than the maximum annual rate notified in the Gazette under the provisions of section one hundred and fifty-one, or where that maximum annual rate has been amended by a proclamation under the provisions of section one hundred and fifty-three of this Act, the maxi mum annual rate as so amended; (cc) for the period from the date of the constitution of the district to the thirtieth day of June next following the fifth anniversary of such constitu tion be not greater but may be less than the maximum annual rate notified in the Gazette under the provisions of section one hundred and fifty-four of this Act.
PART I I I .
AMENDMENT OF THE IRRIGATION ACT, 1912-1944.
4. The Irrigation Act, 1912-1944, is amended by omitting section 11G and by inserting in lieu thereof the following section:
11G. ( 1 ) 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
K provisions provisions of the Hay Irrigation Act, 1902, shall he withdrawn from the irrigation area', and the land so withdrawn shall thereupon be Crown lands within the meaning of the Crown Lands Consolidation Act, 1913, and may be reserved or dedicated for any public purpose under that Act, but shall not be available for disposal by way of any form of sale or lease.
(2) References in the Crown Lands Consoli dation Act, 1913, or any Act amending the same to " the Minister" shall, in the case of any land with drawn from an irrigation area under the provisions of subsection one of this section, be read as references to the Minister for the time being administering the Irrigation Act, 1912-1946.
(3) The Minister may from time to time by notification in the Gazette revoke the whole or any part of any notification under the provisions of sub section one of this section or the whole or any part of any notification that may have been made at any time under the provisions of the Wentworth Irriga tion Act setting land apart for public purposes before the commencement of the Irrigation and Water (Amendment) Act, 1946.
(4) Upon the notification of any revocation under the provisions of subsection three of this section, or any revocation of any reserve or dedica tion under the provisions of the Crown Lands Con solidation Act, 1913, in respect of any land with
drawn under the provisions of subsection one of this
section, or set apart for public purposes under the
provisions of the Wentworth Irrigation Act prior to the commencement of the Irrigation and Water (Amendment) Act, 1946, the land shall thereupon vest in the Commission, and shall form part of the irrigation area constituted under the provisions of the Wentworth Irrigation Act or the Hay Irrigation Act, 1902, as the case may be, and shall be dealt with as land within any such irrigation area.
PART
PART IV.
AMENDMENT OF THE CROWN LANDS CONSOLIDATION
ACT, 1913.
5. The Crown Lands Consolidation Act, 1913, as
amended by subsequent Acts, is amended—
(a) (i) by inserting in subsection five of section one hundred and forty-two after the word " g r a n t e d " the words "or , in the case of a conversion of a lease, shall commence on the date on which such conversion takes effect";
(ii) by inserting in the same subsection after the word " u n t i l " the words " a certificate of conformity in respect thereof has been
issued or un t i l " ; (iii) by omitting from the same subsection the words " t o give such certificate" and by inserting in lieu thereof the words "so to certify' ' ;
(b) (i) by omitting from subsection one of section 144A the words "available Crown lands, including any land reserved in pursuance of section two hundred and six of this Ac t" and by inserting in lieu thereof the word " l a n d s " ;
(ii) by omitting subsection three of the same section and by inserting in lieu thereof the
following subsection:—
(3) Notwithstanding anything to the contrary in this Act, or the Mining Act, 1906, or the Forestry Act, 1916, any notifi cation under this section shall have the effect of revoking any reserves or parts of reserves or population areas within the boundaries of the land which is the subject of the notification, unless the contrary is expressly declared by the terms of the notification. Such revocation shall take
immediate
immediate effect on the expiration of the day next preceding the day upon which the addition takes effect: Provided that the revocation of any reserve for mining or mining purposes or any timber reserve shall not be so effected unless in the case of a reserve for mining or mining purposes the consent thereto of the Secretary for Mines, or in the case of a timber reserve of the Forestry Commission, has been obtained.
This subsection shall be deemed to have been in force from the date of the com mencement of the Irrigation (Amendment) Act, 1918.
(c) by omitting from subsection two of section 144c the words "and payment for the l and" ; (d) (i) by omitting from subsection two of section 144E the words and symbols "price (which shall include the value of Crown improve ments, if a n y ) " and by inserting in lieu thereof the words "purchase money";
(ii) by inserting in the same subsection after the word " a n d " where secondly occurring the words " in each case" ;
(iii) by omitting from the same subsection the word " p r i c e " where secondly occurring and by inserting in lieu thereof the words
"purchase money"; (iv) by omitting from subsection four of the same section the words "upset price, and in the case of a lease" and by inserting in lieu thereof the words " the upset purchase money";
(v) by inserting at the end of the same section the following new subsection:—
(8) Notwithstanding anything to the contrary in this Act, or the Mining Act, 1906, or the Forestry Act, 1916, any notifi cation under this section offering land for
sale
sale by public auction or tender shall have the effect of revoking any reserves, or parts of reserves, or population areas within the boundaries of the land which is the subject of the notification, unless the contrary is expressly declared by the terms of the notification. Such revocation shall take immediate effect on the expiration of the day next preceding the day upon which the notification is published in the Gazette: Provided that the revocation of any reserve for mining or mining purposes or any timber reserve shall not be so effected unless in the case of a reserve for mining or mining purposes the consent thereto of the Secretary for Mines, or in the case of a timber reserve of the Forestry Commis sion, has been obtained. Such notification as aforesaid shall also have the effect of revoking any previous notification of the like nature affecting the same land unless the contrary is expressly declared by the terms of the notification.
This subsection shall be deemed to have been in force from the date of the com mencement of the Irrigation Holdings (Freehold) Act, 1924.
e) (i) by inserting in the short heading to section
one hundred and forty-five after the words
to which is a lease in perpetui ty"; "non-irrigable lease" the words " the title (ii) by inserting in subsection one of the same section after the words "non-irrigable lease" wherever occurring the words " the title to which is a lease in perpetui ty";
(iii) by omitting from paragraph (b) of sub section five of the same section the words "by similar notification";
(iv) by omitting from paragraph (c) of the same subsection the word "notified" and by inserting in lieu thereof the word
"specified"; (v) (v) by omitting from paragraph (d) of the same subsection the words "and the Crown grant shall be delivered to the mortgagee or other person holding security or as he
shall direct ' ' ;
(f)
by omitting from section two hundred and ten the words "lease within an irrigation a rea" and by inserting in lieu thereof the words "holding within an irrigation area ."
PART V.
AMENDMENT OF THE WENTWORTH IRRIGATION ACT.
6 . The Wentworth Irrigation Act, as amended by subsequent Acts, is amended by inserting at the end of the definition of "Owner" in section four the words "but does not include The Water Conservation and Irrigation Commission."
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