Irrigation and Water Supply Commission Act and Other Acts Amendment Act of 1949 (13 Geo Vi No. 48) (Qld)

WATER SUPPLY AND SEWERAGE. 13 GEO. VI. No. 48, 1949. Irrigation and Water Supply, Etc., Act. 257 WATER SUPPLY AND SEWERAGE. An Act to Amend "The Irrigation and Water 13Ne: . ° 4S~ I. Supply Commission Act of 1946," "The A ~ N ~ D I WA O T N ER Irrigation Acts, 1922 to 1934," and "The cO~u:is~iON Irrigation Acts Amendment Acts, 1933 to A O M ~ ~ E R N . D a: M g E T N S T' 1946," each in certain particulars. ACT OF 1949. [ASSENTED TO 28TH NOVEMBER, 1949.] B' E it enacte~ by the Ki~ g' s Most Excellent Majes~ y, by and wIth the advIce and consent of the LegIs- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I.--PRELIMINARY. PART 1.- PRELIJUNARY. 1. This Act may be cited as " The Irrigation and Short title. Water 8upply Oommi88ion Act and Othelf' Act8 Amendment Act of 1949." 2. This Act is divided into Parts, as fol1ows :-- Parts of Aot. PART I.-PRELIMINARY; P ARTII.-AMENDMENTS OF *" THE IRRIGATION AND WATER SUPPLY COMMISSION ACT OF 1946" ; PART III.---AMENDMENTS OF t" THE IRRIGATION ACTS, 1922 TO 1934"; PART IV.-AMENDMENTS OF tU THE IRRIGATION ACTS AMENDMENT ACTS, 1933 TO 1946." PART H.-AMENDMENTS OF *" THli] IRRIGATION WATER SUPPLY COMMISSION ACT OF 1946." AND PART 11.- AMENDMENTS OF" THE IRRIGATION AND WATlIR SUPPLY COMMISSION ACT OF 1946." 3. This Part of this Act shall be read as one with Construction *" The Irrigation and Water Supply Commis8ion Act of~ ! : e: ~ : v: nd n. 1946,'" and that Act and this Part of this Act may be title. collectively cited as "The Irrigation and Water Supply Commission Acts, 1946 to 1949." * 11 G. 6 No. 11. t 13 G. 5 No. 29 and amending Acts. t 24 G. 5 No. 21 and amending Act. I

258 WATER SUPPLY AND SEWERAGE. PARr 11.- - - - - - - - - - - - - - - - - - - - - - - - - - - AO O N F D " lI T lB H N B TS Irrigation and Water Supply, Etc., Act. 13 GEO. VI. No. 48, IRBJGATION AND W ATBlt SUPPLY A~ ~ ~~Z:'. . 4. Section five of *" The Irrigation and Water Supply Amendments Commission Act of 1946 " is amended as follows : - of s. 5 of II Geo. VI. No. Il. . (a) By the insertion of the following definition before the definition" Commissioner of Irrigation and Water Supply" or " Commissioner" where it occurs therein- Assistant Com- missioner of Irrigation and Water Supply or Assistant Com- missioner. " "Assistant Commissioner of Irrigation and Water Supply" or " Assistant Commissioner "-An Assistant Commissioner of Irrigation and Water Supply appointed under this Act: The term where necessary includes any person for the time being performing the duties and functions of an Assistant Commissioner" ; Officer. (b) By the insertion of the following definition after the definition of " Minister" where it occurs therein- " " Officer "-An officer of The Commissioner of Irrigation and Water Supply; ". Repeal of 5. Section seven of *" The Irrigation and Water ~~ lnG' :o~ ' 7 Supply Commission Act of 1946" is repealed and the VI. No. 11. following section is inserted in lieu thereof, namely : - Assistant ~~ : oner8. " [7.] (1.) The Commissioner shall be assisted by two Assistant Commissioners of Irrigation and Water Supply, each of whom shall be appointed by the GoveInor in Council, and shall hold office for such period not exceeding seven years as the Governor in Council shall fix and be eligible for reappointment. (2,) One of such Assistant Commissioners of Irrigation and Water Supply so appointed shall be a.n engineer, and either shall hold a degree or diploma in engineering granted by a recognised University, or shall be an Associate or Member or Fellow of a recognised Engineers' Institute, Association, or Society, and also shall have had experience in matters appertaining to irrigation, water conservation, and water supply. (3.) An Assistant Commissioner of Irrigation and Water Supply shall give such advice and assistance to the Commissioner as the Commissioner requires, and shall perform such duties as the Commissioner directs. " * II G. 6 No. :

WATER SUPPLY AND SEWERAGE. 259 PARTII.- 1949. Irrigation and Water Supply, Etc., Act. AMENDMBNTS OF "THB IRRIGATION AND WATER SUPPLY *" T~ ; ~ ~ ~ ; : ~ ~ ~ n: n~ n~ a~ : S!; ~ lYO~O: ~~ ~ ~ io: ig! ! t ~ ] : :: : !E: ~ 1946" are repealed and the following subsections are of s. 8 of 11 inserted in lieu of those repealed subsections, namely ; _ ~ . o. VI. No. "(1.) The Commissioner may, with the consentDel~ gation of the Mi nl . st er, I.n re 1 atI'On t 0 any part l ' CU 1 ar matter or b of y h t I h S epoCwomer- s class of matters, or to any particular place, by writing missioner. under his hand, delegate to an Assistant Commissioner or a.ny officer such of his powers, functions, authorities, or duties under this Act, or t" The Irrigation Acts, 1922 to 1949," or t" The Water Acts, 1926 to 1942," and/or §" The Irrigation Acts Amendment Acts, 1933 to 1949," and/or 11" The Land and Water Resources Development Acts, 1943 to 1946," and/or ~ " The Hotel Theodore Lease Enabling Act of 1934" (other than this power of delegation) as he thinks fit so that the delegated powers, functions, and authorities and/or duties may, subject to this Act and/or the said Acts or any of such Acts, be exercised by that Assistant Commissioner or that officer with respect to that particular matter or classes of matters, or to the place, specified in the instrument of delegation. (2.) Where under this Act and/or the said Acts or any of such Acts the exercise of any power, function, or authority by the Commissioner is dependent upon the opinion, belief, or state of mind of the Commissioner in relation to any matter, that power, function, or authority may be exercised by the Assistant Commissioner or the officer to whom it is delegated, upon the opinion, belief, or state of mind of such Assistant Commissioner or such officer." 7. Section nine of *" The Irrigation and Water Repeal of Supply Commission Act of 1946" is repealed and the ~ ~ to: o~ ' 9 following section is inserted in lieu thereof, namely;- VI. No. H. " [9.] (1.) In the event of the office of the A~ t~ g Corn- Commissioner becoming vacant at any time, or in the ID1881Oner. event of the illness or absence of the Commissioner, the Governor in Council may appoint a person to be Acting Commissioner. * 11 G. 6 No. lI. t 13 G. 5 No. 29 and amending Acts. t 17 G. 5 No. 12 and amending Acts. § 24 G. 5 No. 21 a:nd amending Act. 11 7 G. 6 No. 38 and amending Act. ,25 G. 5 No. 7.

260 WATER SUPPLY AND SEWERAGE. PABTII.- AIlENDHENTS OF" THE IRBIGATION AND WATER Irng • a . twn and Water Supply, Etc., Act. 13 GEO. V I. N 0.4 8 , • CO= ~ iON (2.) Anv Acting Commissioner shall, while he so ACT OF 1946." a.cts, have " and may e . xerCIse all the powers, functI • Ons, and authorities, and shall perform all the duties of the Commissioner." Amendment 8. Section ten of *" The Irrigation and Water Supply No.:r . ~{ G 10 ~ I Commission .Act of 1946 " and the marginal note thereto ·are amended by the repeal of the words "Deputy Commissioner" and by the insertion, in lieu of those repealed words, of the ",:ords " Assistant Commissioners ". Amendment 9. Section eleven of *" The Irrigation and Water of s. 11 of Supply Commission Act of 1946 " and the marginal note ~o~ : f: VI. thereto are amended by the repeal of the word "Deputy" wherever it occurs therein and by the insertion, in lieu of that repealed word, of the words " an Assistant". Amendment 10. Section thirteen of *" The Irrigation and Water o11f sG. e1o3. oVfI. Supply Commission .Act of 1946" is amended by adding No. 11. to subsection one thereof the following paragraphs ;- " (iii.) The Governor in Council may, on the recommendation of the Commissioner, appoint such engineers and other officers who, if not appointed under the provisions of t" The Public Service Acts, 1922 to 1945," shall be appointed for such term and with such salary and subject to such conditions as the Governor in Council shall fix. (iv.) Where a person. after the passing of t"The Irrigation and Watel' Supply Commission Act and Other Acts Amendment Act of 1949" is appointed Commissioner, an Assistant Commissioner, Chief Engineer to the Commissioner, Secretary to the Commissioner or an officer, and was immediately before his appointment an officer within the meaning of §" :llhe Public Service Superannuation Acts, 1912 to 1948," he shall, where, for any reason, he is not appointed under t" The Public Service Acts, 1922 to 1945"- (a) Retain any rights accrued or accruing under either of those Acts; (b) Continue to contribute to any fund or account and shall be entitled to receive any deferred or extended leave and any payment, pension, I ' * 11 G. 6 No. 11. t 13 G. 5 No. 31 and amending Acts. t This Act. § 3 G. 5 No. 28 and amending Acts.

WATER SUPPLY AND SEWERAGE. 261 PAR!!,il<- 1949. Irrigation and Water Supply, Etc., Act. A~ IW; :m IlIRIGATION AND WAT.IIlR or gratuity as if he were an officer or employee cO= ~ ~iON .. within the meaning of *" The Public Service ACT OF 1946. Acts, 1922 to 1945," or t" 'Phe Public Service Superannuation Acts, 1912 to 1948," as the case may be, and for such purpose his service as Commissioner, an Assistant Commissioner, Chief Engineer to the Commissioner, Secretary to the Commissioner or officer shall be deemed to be service for the purpose of such Acts; and (c) In the event of his office as Commissioner, an Assistant Commissioner, Chief Engineer to the Commissioner, Secretary to the Commissioner or as an officer being discontinued or abolished before he has attained the age of sixty-five years, be eligible to be appointed to an office of the Public Service not lower than the classification and salary of that which he held upon appointment under this Act." 11. (1.) The person who shall cease to occupy the Director of office of Deputy Commissioner of Irrigation and Water ~toc~ Supply by reason of the passing of this Act- F: ~ lit~ es Con- (a) Shall without further or other appointment Btruction. than by this Act be and is hereby appointed Director of Stock Routes Facilities Construction for a period equal to the balance of any term for which he was appointed such Deputy Commissioner and not served by him at the passing of this Act; t b) Shall be paid such salary and allowances as the Governor in Council shall fix, but such salary and allowances shall not be lower than those being paid to him at the passing of this Act; and (c) Shall be deemed to have vacated the office of Director of Stock Routes Facilities Construction under the same circumstances as the Commissioner is deemed to have vacated his office and for this purpose the provisions of section eleven of t" The Irrigation and Water Supply Commission Acts, 1946 to * 13 G. 5 No. 31 and amending Acts. t 3 G. 5 No. 28 and amending Acts. t 11 G. 6 No. 11 and amending Act.

262 WATER SUPPLY AND SEWERAGE. PART II.- AMENDMENTS OF" THE IRRIGATION AND WATER SUPPLY COMMISSION AOT OF 1946." Irrigation and Wa~ er Supply, Etc., Act. 13 GEO. VI. No. 48, 1949," shall apply and extend as if the words Director of Stock Routes Facilities Construction were substituted therein for the word" Commissioner." (2.) The Director of Stock Routes Facilities Construction shall give such advice and assistance to the Commissioner in relation to the investigation, planning, construction, and operation of water supply facilities for stock routes as the Commissioner requires, and shall perform such duties in relation to such water supply facilities for stock routes as the Commissioner directs. PAR~ 111.- A1tlENDMEN~ I:r;A~! PART IIl.-AMENDMENTS TO *" THE IRRIGATION ACTS, AO~ 9Jlj~ TO 1922 TO 1934." Construction 12. This Part In. of this Act shall be read as one of Part ITI. with *" The Irrigation Acts, 1922 to 1934," and that Act and this Part HI. of this Act may be collectively cited as" The Irrigation Acts, 1922 to 1949." Amendment 13. Section two of *" The Irrigation Acts, 1922 to o13fsG. e 2 oo. fV. 1934," is amended by repealing the definition of the No. 29. term "Water right" and by inserting, in lieu of that repealed definition, the following definition, namely :- " "Water right "-A right in respect of irrigable land to a quantity of water annually out of the water available for irrigation in an irrigation area ; ". Amendment 14. Subsection five of section fifteen of *" The ooffs1. 3 1 G 5 e ( o 5 . ) v. I rn . gatw . n A cts, 1922 to 1934 , '" IS amended- No. 29. (a) By inserting the words "as modified by this Act," after the words " Public Works Land Resumption Act " where they first occur therein; and (b) By the addition of the following paragraphs at the end thereof:- " The Minister shall, as respects the taking of any land for the purposes of this Act, have and may exercise the like powers, authorities, and jurisdiction as the Co-ordinator-General of Public Works would have and could exercise if such land were taken by him for a work or purpose specified in subsection one of section 8B of t" The State Development and Public Works Organisation Acts, 1938 to 1940." * 13 G. 5. No. 29. t 2 G. 6 No. 3 Mld amending Act.

WATER SUPPLY AND SEWERAGE. 263 1949. Irrigation and Water Supply, Etc., Act. PAllT III.- AlIflIINDHIIINTS 011' .. THlII IRRIGA.TlON AOTS, 1922 TO T o t h e e~ ent necessary to give effect to the foregoing 1934." 'provisions, the said section 8B shall be read and construed with and as modifying *" The Public Works Land Resumption Acts, 1906 to 1940," and in so reading and construing the said section 8B the term "Minister" shall be substituted for the term" Co-ordinator-General " wherever such lastmentioned term appears therein." PAllT IV.- AllIIINDHIIINTS t" PART IV.-AMENDMENTS OF OF UTHE THE IRRIGATION ACTS IRRIGA.TlON AMENDMENT ACTS, 1933 TO 1946." AlIflII~ NT , AOTS, 1933 TO 15. This Part IV. of this Act shall be read as one 1946." with t" The Irrigation Acts Amendment Act of 1933" as ~ ; ~: r:~ ~ ~n amended by §" The Land Acts Amendment Act of 1934," 11" The Land Acts Amendment Act of 1936," and ~ "The Irrigation and Water Supply Commission Act of 1946," and t" The Irrigation Acts Amendment Act of 1933/' as so amended (in this Part referred to as t" The Irrigation Acf.s Amendment Acts, 1933 to 1946 "), and this Part IV. may be collectively cited as "The Irrigation Acts Amendment Acts, 1933 to 1949." 16. t" The Irrigation Acts Amendment Acts, 1933 to Schedule of t!'be 1946," are amended by the insertion of the word" First" ~ ~~r' bweofrodreotchceurws othrder" eSl·nc. hedule" wherever that lastmentioned FtShcirahstetdAuclte. to 1 7. The following headnote and section are inserted New her· after section five of r" The Irrigation Acts Amendment ~ . o~ r!erted Acts, 1933 to 1946 " : - in 24 Geo. v. No. 21. " Clare Irrigation Area. [5A.] Notwithstanding anything to the contrary Cons~ itut~ on contained in the Principal Act, from and after the ofIrrigatIOn commencement of this Act, the land situated within the Area. region the exterior boundaries whereof are delineated on the map in the Second Schedule to this Act shall be constituted and shall be an Irrigation Area known as the" Clare Irrigation Area" to which shall be extended and applied all the provisions of the Principal Act and of this Act in the same manner as if the Area had been constituted under the provisions of section nine of the Principal Act : • 6 E. 7 No. 14 and amending Acts. t 24 G. 5 No. 21 and amending Act. t 24 G. 5 No. 21. § 25 G. 5 No. 31. III E. 8 No. 3. '1111 G. 6 No. 11.

264 WATER SUPPLY AND SEWERAGE. PART lV.- AMENDMENTS OF" THE IRRIGATION ACTS AMENDMENT ACTS, 1933 TO 1946." Irrigation and Water Supply, Etc., Act. 13 GEO. VI. No. 48, Provided that- (i.) The Governor in Council may from time to time by Order in Council alter or amend the exterior boundaries of the said Clare Irrigation Area as delineated in the said map in the Second Schedule to this Act in such manner and to such extent as may be specified in any such Order in Council; (ii.) Lands within such area held at the commencement of *" The Land Acts and Other Acts Amendment Act of 1949" under the Land Acts shall until the termination by cancellation, forfeiture, expiry, resumption, surrender, or any other process of the existing lease or license of any such land continue to be subject to the Land Acts; (iii. ) Nothing in this Act shall be construed to derogate from the rights of priority conferred by t,he I~ and Acts on the lessees of Grazing Selections on the expiration of the leases of such Grazing Selections; and (iv.) Notwithstanding anything in any other Act contained, all moneys received by the Crown as rent for land held under any tenure within the Clare Irrigation Area shall be carried to the account of the proper fund of that area." New s 5B 18. The following section is inserted after section inserted in 5A of t" The Irrigation Acts Amendment Acts, 1933 to ~~ ~ r v. 1946," as previously inserted by this Act, namely:- Establish. " [5B.] Notwithstanding anything in t" The Irrigation ~ ~ nt ~ f Acts, 1922 to 1949," contained, the Governor in Council IurnridgearttIaokning. I • S herebY aut hor' Ised, WI' thout compll' ance WI' th the provisions of such Acts relating to the establishing of an irrigation undertaking, and without further or other approval of the Legislative Assembly than is hereby granted, to establish an irrigation undertaking for and in relation to " The Clare Irrigation Area" and, subject to appropriation by Parliament, to expend such moneys thereon as in his opinion are necessary. All works heretofore or hereafter authorised by the Governor in Council to be constructed for the purposes of or in connection with the establishment of the irrigation * 13 G. 6 No. 50. t 24 G. 5 No. 21 and amending Act. t 13 G. 5 No. 29 an.d amending Acts.

WATER SUPPLY AND SEWERAGE. 265 PART IV.- 1949. Irrigation and Water Supply, Etc., Act. AMENDMENTS OF" THE IRRIGATION AOTS undertaking for the Clare Irrigation Area shall be deemed fc~ : ~ p~ ~ Nio to be included in and form part of an irrigation 1946." undertaking approved by the Legislative Assembly and established by the Governor in Council within ~md in relation to the Clare Irrigation Area, and the Minister and th~ Commissioner of Irrigation and Water Supply shall have and may exercise their respective powers, authorities, and functions under those Acts accordingly." 19. The amendments of *" The Irrigation Acts Amendments Amendment Acts, 1933 to 1946," made by sections to operate seventeen and eighteen of this Act shall be deemed to have ~ r; ~ f; : c, been so made on the first day of July, one thousand nine hundred and forty-eight, and sections seventeen and eighteen of this Act shall have retrospective operation and effect on and from that date accordingly. 20. The following section is inserted after section ~ ew s. 6~ six or, *" The Irrigation Acts Amendment Acts, 1933 to ~~ sea: ~: . 1946, namely:- No. 21. "[6A.] (1.) Notwithstanding anything in this Act Lands in contained, any Crown land, including land acquired Irrigation under t" The War Service Land Settlement Acquisition to~ e: e~ B: ~ Acts, 1945 to 1949," or t" The Irrigation Acts, 1922 to n: ent by 1949, " SI' tuat e W1' th" In any Irr 1 ' 9at"IOn Ar ea may, f rom t" 1me dmisecmhbaergrsedof to time, be set apart by the Minister, with the approvalforces. of the Governor in Council, by notification in the Gazette, t,o be open for selection as Perpetual Lease Selections by persons eligible and suitable for settlement and qualified to apply for Perpetual Lease Selections under §" The War Service Land Settlement Acts, 1946 to 1948," and when so set apart such lands shall be opened for selection by such persons as Perpetual Lease Selections in manner aforesaid under the provisions of this Act, §" The War Service Land Settlement Acts, 1946 to 1948," t" The Irrigation Acts, 1922 to 1949," and 11" The Land Acts, 1910 to 1949." (2.) Paragraphs (iv.) and (v.) of subsection two of section seven of this Act and subsection three of section nine and paragraph (ii.) with the' exception of the proviso to that paragraph and paragraph (iii.) of subsection one of section ten of §" The War Serv1:ce Land Settlement Acts, 1946 to 1948," shall not apply to or with respect to Perpetual Lease Selections * 24 G. 5No. 21 and amending Act. t 9 G. 6 No. 25 and amending Acts. t 13 G. 5No. 29 and amending Acts. § 10 G. 6 No. 23 and amending Acts. III G. 5No. 15 and amending Acts.

266 WATER SUPPLY AND SEWERAGE. PART IV.- AHENDMIIINTS OF" THIII IRRIGATION AOTS Irrigation and Water Supply, Etc., Act. 13 GEO. VI. No. 48, 1949. fo~ , Nf~ ~ Nio opened, applied for, selected, or held under this Act, 1946." *" The Irrigation Acts, 1922 to 1949," t" The War Service Land Settlement Acts, 1946 to 1948," and t" The Land Acts, .1910 to 1949." (3.) Subject to subsection two of this section and to the notification opening the land for selection, the provisions of this Act, *" The Irrigation Acts, 1922 to 1949," to. The.Land Acts, 1910 to 1949," and t" The War Service Land Settlement Acts, 1946 to 1948," shall apply to and with respect to Perpetual Lease Selections applied for, selected, and held pursuant to this section, but- (a) This Act and *" The Irrigation Acts, 1922 to 1949," shall so apply subject to all such adaptations and variations of the provisions thereof as are necessary to give effect to the provisions of t" The War Service Land Settlement Acts, 1946 to 1948," which are so applicable; and (b) t" The Land Acts, 1910 to 1949," shall so apply subject to all such variations and adaptations of the provisions thereof as are necessary to give effect to the provisions of this Act, *" The Irrigation Acts, 1922 to 1949," and t" The War Service Land Settlement Acts, 1946 to 1948," which are so applicable." Amendment 21. Section eight of §" The Irrigation Acts o24f s G . e 8 o o . fV. Amendment Acts, 1933 to 1946," is amended by the No. 21. repeal of paragraph (ii.) thereof and by inserting, in lieu of that repealed paragraph, the following paragraph, namely;- "(ii.) The aggregate area of irrigable land of which exceeds one hundred and fifty acres or such lesser acreage as the Governor in Council by Order in Council may from time to time declare either generally or in respect of any particu.lar Irrigation Area or Areas." New Second 22. §" The Irrigation Acts Amendment Acts, 1933 aSdcdheeddutloe to 1946," are amended by the addition of a Second 24 Geo. v. Schedule thereto, namely : - No. 21. * 13 G. 5 No. 29 and amending Acts. t 10 G. 6 No. 23 and amending Act. t 1 G. 5 No. 15 and amending Acts. § 24 G. 5 No. 21.