Irrigation and Water Supply Commission Act of 1946 (11 Geo Vi No. 11) (Qld)

WATER SUPPLY AND SEWERAGE. n GEO. VI.No.n, 1946. Irrigation, Etc., Commission Act. 377 WATER SUPPLY AND SEWERAGE. (1) Irrigation and Water Supply Commis- sion Act of 1946 .. 11 Geo. VI. No. 11 (2) New South Wales- Queens~ and Border Rivers Act of 1946 .. 11 Geo. VI. No. 16 An Act to Provide for the Appointment of a Com- 11 N G o E . O 1 . 1 V . I. missioner of Irrigation and Water Supply; IRRIG TH AT E ION AND WATER to Reconstitute the Commissioner the COSMUMPPISLSYION Corporation of the Commissioner of Irriga- A 1 C 9 T 46 O . F tion and Water Supply; and for purposes consequent thereon and incidental thereto. [ASSENTED TO 20TH DEOEMBER, 1946.] B. E it enacted by the King's Most Excellent Majesty, 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.- PRELIMINARY. 1. (l.) This Act may be cited as "The Irrigation Short title. and Water Supply Commission Act of 1946." (2.) This Act shall be read as one with *" The ~ onstruc­ Irrigation Acts, 1922 to 1934," and t" The Water Acts, tlOn. 1926 to 1942 " : Provided that if any provision of *" The Irrigation Acts, 1922 to 1934," or of t" The Water Acts, 1926 to 1942," shall be inconsistent with any provision of this Act, the provision of this Act shall prevail. 2. This Act shall come into operation on a Commence- date to be fixed by the Governor in Council by ment ofAct. Proclamation published in the Gazette, which date is herein referred to as the commencement of this Act. 3. (l.) On and from the commencement of this Act ~ econstitu- the C Omml . SS . lOner 0 f I rrI . ga t' IOn an d W a t er S upp I Y tClOornpoofrathtieon appointed under this Act shall constitute the Corporation of.t~ e Com- o f The Comml. SS.lOner 0 f I rrl.ga t' IOn and W a t er S upp I Y ImrrrsisglaOtnioernof and Water --*-1-3-G-.5-N-o-.-2-9-an-d-am-en-d-in-g-A-ct-s-.- - - - - - - - - - Supply, t 17 G. 5 No. 12 and amending Acts.

378 PART I.- PRELIMINARY. WATER SUPPLY AND SEWERAGE. Irrigation, Etc., Commission Act. 11 GEO. VI. No. 11, under and for the purposes of *" The Irrigation Act8, 1922 to 1934," t" The Water Act8, 1926 to 1942," and t" The Hotel Theodore Lease Enabling Act of 1934" in succession to the Land Administration Board. (2.) Any reference in any Act, Proclamation, Order in Council, or regulation or in any lease, license, mortgage~ security, bond, agreement, contract, deed, or other document, instrument, or writing whatsoever to the Corporation of The Commissioner of Irrigation and Water Supply shall be and be deemed to be a referenc~ to the Corporation of The Commissioner of Irrigation and Water Supply constituted under this Act, and any reference to the Land Administration Board as the Commissioner of Irrigation and Water Supply or to the Commissioner (being the Land Administration Board) shall be and be deemed to be a reference to the Commis- sioner of Irrigation and Water Supply appointed under this Act, and shall operate and take effect accordingly. (3.) The constitution on and from the commence- ment of this Act of The Commissioner of Irrigation and Water Supply appointed under this Act as the Corpora- tion of The Commissioner of Irrigation and Water Supply, under and for the purposes of *" The Irrigation Act8, 1922 to 1934," t" The Water Act8, 1926 to 1942," and t" The Hotel Theodore Lease Enabling Act of 1934," shall not affect the continuity of the identity, or any rights or obligations, of the said Corporation, or render defective any legal proceedings by or against the said Corporation, and any legal proceedings that might have been commenced or continued by or against such Corporation as constituted by the Land Administration Board may be commenced or continued by or against it as constituted by The Commissioner of Irrigation and Water Supply. Parts of Act. 4. This Act is divided into Parts, namely : - Part I.-PRELIMINARY; PART H. -ApPOINTMENT AND POWERS 0]' COM- l\USSIONER OF IRRIGATION AND WATER SUPPLY; * 13 G. 5 No. 29 and amending Acts. t 17 G. 5 No. 12 and amending Acts. t 25 G. 5 No. 7.

1946. WATER SUPPLY AND SEWERAGE. Irrigation, Etc., Oommission Act. 379 PART I.- PRELUllNARY. PART IIl.-AMENDMENT OF *" THE IRRIGATION ACTS AMENDMENT ACT OF 1933"; t" PART IV.-AMENDMENTS OF THE LAND AND WATER RESOURCES DEVELOPMENT ACT OF 1943." 5. In this Act, unless the context otherwise indicates, I~terpreta. the following terms have the meanings set against them tlon. respectively, that is to say:- " Commissioner of Irrigation and Water Supply " ~ ommis- or " CommI. ss.Ioner " - The CommI. ss.lOner 0 fSIlrOringeartioofn lITigation and Water Supply appointed under and Water this Act: the term where necessary includes Supply. any person for the time being performing the duties and functions of the Commissioner; "Land Administration Board" or "Board"- Land The Land AdmI. nI.St ratI'On Board constI' tut ed AtiodnmBinoisatrrda.· for the time being pursuant to the provisions oft" The Land Acts Amendment Act of 1931 " ; " Minister "-The Secretary for Public Lands or Minister. other Minister of the Crown for the time being administering this Act ; "This Act "-This Act and all Proclamations, This Act. Orders in Council, and regulations made hereunder. PART 11.- ApPOINTHENT AND POWERS OF PART I l • -ApPOINTMENT AND POWERS OF COMMISSIONER OCFOMIRHRlSIGSAIOTNIOERN OF IRRIGATION AND WATER SUPPLY • AN S D UP W PL A Y T . ER 6. Notwithstanding anything contained in any Administra- other Act, this Act, §" The Irrigation Acts, 1922 to 1934," tion of Act. !I" The Water Acts, 1926 to 1942," and ~ " The Hotel Theodore Lease Enabling Act of 1934" shall be adminis- tered by the Minister; and, subject to the Minister, by the Commissioner of Irrigation and Water Supply. (1.) The Commissioner of Irrigation and Water ~ ommis. Supply shall be appointed from time to time by the~ ~ ~r: :t: n Governor in Council by commission under his hand and and Water the public seal of the State and shall, subject to this Supply. * 24 G. 5 No. 21. t 7 G. 6 No. 38. t 22 G. 5 No. 39. § 13 G. 5 No. 29 and amending Acts. 1117 G. 5 No. 12 and amending Acts. '\[ 25 G. 5 No. 7.

380 WATER SUPPLY AND SEWERAGE. PART II.- ApPOINTMlINT .AND POWERS Irrigation, Etc., Commtission Act. 11 GEO. VI. No. 11, cOmu~ ~ O~ R - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - O.FANIDERWIG. A. ATTiIllORN A C t , h 0 Id 0 ffice fi or suchpe·rIod, not exceedi.ng seven SUPPLY. years, as the Governor in Council shall fix, and be eligible for reappointment. The Commissioner may be appointed on the passing of this Act. Qualifica- tions of Commis- sioner. (2.) Any person appointed to the office of Commis- sioner shall be an 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, and administrative experience. Deputy sCioomnemr. is- 7. The Governor in Council may also appoint from time to time a Deputy Commissioner of Irrigation and Water Supply who shall, subject to this Act, hold office for such period, not exceeding seven years, as the Governor in Council shall fix, and be eligible for reappointment. The Deputy Commissioner may be appointed on the passing of this Act. Delegation 8. (1.) The Commissioner may, with the consent ~ fh; ~ powersof the Minister, in relation to any matters or class of c~ ~ s. matters, by writing under his hand, delegate to the sioner. Deputy Commissioner such of his powers, functions, authorities and/or duties under this Act and/or *" The Irrigation Act8, 1922 to 1934," and/or t" The Water Act8, 1926 to 1942," and/or t" The Hotel Theodore Lease Enabling Act of 1934 " (other than this power of delega- tion) as he thinks fit, so that the delegated powers, functions, authorities and/or duties may, subject to this Act and/or the said Acts or any of such Acts, be exercised by the Deputy Commissioner with respect to the matters or class of matters 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 Deputy Commissioner upon the opinion, belief, or state of mind of the Deputy Commissioner. * 13 G. 5 No. 29 and amending Acts. t 17 G. 5 No. 12 and amending Acts. t 25 G. 5 No. 7.

WATER SUPPLY AND SEWERAGE. 381 1946. Irrigation, Etc., Commission Act. PART !I.- ApPOINTMllNT AND POWERS OF COMMISSIONER (3.) Every delegation shall be revocable by the O! J~ R~ : ~ i~ N Commissioner at his will, and shall be revoked by him SUPPIS. if the Minister so directs, and no delegation shall prevent the exercise ofthe delegated power, function, authority, or duty by the Commissioner. 9. (1.) The Deputy Commissioner may, in the Powers of event of the absence from duty for any reason whatsoever, g~ ~ _ of the Commissioner, act as Commissioner of Irrigation sioner. and Water Supply, and while he so acts shall have and may exercise all of the powers, functions and authorities and shall perform all of the duties of the Commissioner. The fact that the Deputy Commissioner has exercised any power, function or authority or performed any duty of the Commissioner shall, until the contrary is proved, be conclusive evidence that the Commissioner was then absent from duty. (2.) Moreover in the event of the death of the Deputy Commissioner the Deputy Commissioner shall act as ~ommi~ . t Commissioner until a new Commissioner is appointed ~ ~ o~ : ~ e ~ fac and while he so acts shall have and may exercise all ~eath? f of the powers, functions and authorities, and shall Si~ = lS­ perform all of the duties, of the Commissioner. 10. The Commissioner and Deputy Commissioner Salary.of shall respectively be paid such salaries and allowances ~ ~~ e~~ ~ d as the Governor in Council shall fix. Deputy Commis- sioner. 11. The Commissioner or Deputy Commissioner Disq.uali- shall be deemed to have vacated his office- ~ r~ ~ oo~ ce (i.) If he directly or indirectly engages in any o~ Comm~ ­ paid employment outside the duties of his ~ ~ ; ~ t; n office or of any office to which he is appointed ~ ommis­ by virtue of his position of Commissioner, or SIOner. as the case may be, Deputy Commissioner, or directly or indirectly engages in any trade or business except as a member ofa body corporate consisting of more than twenty persons; or (ii.) If he becomes bankrupt, or presents a bank- ruptcy petition against himself, or enters into any composition, or scheme of arrange- ment, or deed of assignment without sequestration, or deed of arrangement under Parts XI. or XII. of the * Bankruptcy Act, 1924-1933 of the Commonwealth (including * No. 37 of 1924 of the Commonwealth and amending Acts.

.382 WATER SUPPLY AND SEWERAGE. PART II.- APPQINTIDIiNT AND POWERS OF COMMISSIONER. OF IR.R.IGATION AND WATER. SUPPLY. Irrigation, Etc., Commission Act. 11 GEO. VI. No. 11, any Act or law in amendment thereof or substitution therefor), or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or (iii.) If, except by reason of illness or physical incapacity or on leave granted by the Minister (power to grant such leave being hereby authorised), he absents himself from duty for fourteen consecutive days or for twenty-eight days in all in any calendar year; or (iv.) If he is convicted of a criminal offence for which he is liable to be punished by imprison- ment for twelve months or more; or (v.) If he dies or becomes mentally sick; or (vi.) If he is removed from office by the Governor in Council for misbehaviour or incapacity; or Judicial notice of signatures and seal. (vii.) If he becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Commission or in anywise participates or claims to be entitled to participate in the profit thereofor in any benefit or emolument arising therefrom; (viii.) If he resigns his office by writing under his hand addressed to the Minister and such resignation is accepted by the Governor in Council. All courts, judges, justices, and persons acting judicially shall take judicial notice of the appointment of the Commissioner and Deputy Commissioner, and ofthe Secretary to the Commissioner, and of their respective signatures, and of the seal of the Commissioner affixed to any document or notice, and until the contrary is proved shall presume that any such signature or such seal, as the case may be, was duly affixed to any document or notice. Crown agency. 12. (1.) For all the purposes of this Act,*" The Irrigation Acts, 1922 to 1934," and t" The Water Acts, 1926 to 1942," the Commissioner, subject to the Minister, shall have and may exercise- (a) All the powers, privileges, rights, and remedies of the Crown; and * 13 G. 5 No. 29 and am'3nding Acts. t 17 G. 5 No. 12 and amending Acts.

1946. WATER SUPPLY AND SEWERAGE. 383 PART"II.- Irriga,tion, Etc., Commission Act. ApPOINTMENT AND POWERS OF COMMISSIONER (b) All the powers, authorities, and discretions O! J: R~ t: : i. ~ N SUPPLY. of a private person and generally may do whatever he deems necessary in connection with or as incident to any business carried on by him. Such powers shall be in addition to any other These powers conferred upon the Commissioner by this Act or ~ ~~ i~I~ nal by the Acts hereinbefore in this section mentioned. to others. (2.) The Co. mmissione.r s. hall- pGoewneerrsaland (a) AdvIse the MInISter on matters connectedduties.of w19i3th4,t"haisndAc t t " , T * h " eThWeatIerrriAgact ' tiso, n 1 / 9 A 2 c 6 t ' sto 1 " 1 9 9 2 4 2 2, to S q l o o m ne m r. ls- generally; (b) Make or cause to be made any inquiry or investigation required by this Act, *" The Irngation Acts, 1922 to 1934," and t" The Water Acts, 1926 to 1942," or any inquiry or investigation directed by the Minister to be made by him; (c) Make such investigations under or for the purposes of tOO The Land and Water Resources Development Acts, 1943 to 1946," as the Land Administration Board shall, with the approval of the Minister, require. 13. (1.) (i.) The Governor in Council may, on the App~in:­ recommendation of the Commissioner, appoint a person ~ ~ in~ er. to be the Chief Engineer to the Commissioner who, if not appointed under the provisions of §" 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. Such appointment may be made on the passing of this Act. (ii.) The Governor in Council may, on the recom- Appoint- mendation of the Commissioner, appoint a person to be : ecr: ! t~ ~ y. Secretary to the Commissioner, who, if not appointed under the provisions of §" 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. Such appointment may be made on the passing of this Act. * 13 G. 5 No. 29 and amending Acts. t 17 G. 5 No. 12 and amending Acts. t 7 G. 6 No. 38 and amending Acts. § 13 G. 5 No. 31 and amending Acts.

384 WATER SUPPLY AND SEWERAGE. PART 11.- ApPOINTMENT AND POWERS OF (JOllIllISSIONER Irrigation, Etc., Commission Act. 11 GEO. VI. No. 11, () ~ ~ ruwt~ ~ N (2.) (i.) For the purposes of *" The Public Service SUP~ LY. Acts, 1922 to 1945," the Commissioner and such of his ~~ =:; be officers as are appointed under such Acts shall constitute permanent a Department of the Public Service under the name of :~ : r~ ~ ent. "The Department of Irrigation and Water Supply" and the Commissioner shall be and be deemed to be the permanent head of such Department. Transferred (ii.) All officers of the Sub-Department of Irrigation officers. and Water Supply holding office at the commencement of this Act shall without any further appointment or authority other than this subsection be and become officers of the Department of Irrigation and Water Supply. PART III.- AMENDMENT OF "THE t" IRR A IG C A T T S ION PART IIl.-AMENDMENTS OF THE IRRIGATION ACTS AnNDMENT ACT OF 1933." AMENDMENT ACT OF 1933." Construc- 14. (1.) This Part of this Act shall be read as one tion. with t" The Irrigation Acts Amendment Act of 1933." Ctiotllele. ctive and ( t 2 h . i ) s t P " a T rt he o I f rr th ig i a s ti A on ct A m ct a s y Am co e l n le d c m ti e v n e t ly Ac b t e of ci 1 te 9 d 33 a " s " The Irrigation Acts Amendment Acts, 1933 to 1946." Amendments ()f s. 4. 15. Section four of t" The Irrigation Acts Amend- ment Act of 1933 " is amended as follows : - (a) The following proviso is added to the first paragraph of the said section :- " Provided that the Governor in Council may from time to time by Order in Council alter or amend the exterior boundaries of the said Dawson Valley Irrigation Area as delineated on the map in the Schedule to this Act in such manner and to such extent as may be specified in any such Order in Council." (b) The following paragraph is added to the said section :- "Notwithstanding anything in this Act contained, any Crown lands situate within the Dawson Valley Irrigation Area may be opened for selection under any tenure under the provisions of t" The War Service Land Settlement Act of 1946" and/or of §" The Land Acts, 1910 to 1946." * 13 G. 5 No. 31 and amending Acts. t 24 G. 5 No. 21. ~ 10 G. 6 No. 23. § 1 G. 5 No. 15.

WATER SUPPLY AND SEWERAGE. 385 1946. Irng . a;f1·on E ,tc., C ommism . on A ct. PART IV.- AMENDMENTS OF "THE LAND AND WATER RESOURCES *" PART IV.-AMENDMENTS OF THE LAND AND WATER DEVEI.OPMENT ACT OF 1943." RESOURCES DEVELOPMENT ACT OF 1943." c onstruc- 16. (1.) This Part of this Act shall be read as tion. one with *" The Land and Water Resources Development Act of 1943." (2.) *" The Land and Water Resources Development C.0lIective Act of 1943 " and this Part of this Act may collectively title. be cited as " The Land and Water Resources Development Acts, 1943 to 1946." 17. *" The Land and Water Resources Development Amendment Act of 1943 " is amended as follows :_ Nofo7. 3G8e. o. VI. (a) Subsection one of section nine thereof is Amendment amended by repealing the words" the Land Adminis- of8. 9 (1). tration Board as such and as the Commissioner of Irrigation and Water Supply" and by inserting the words " the Minister" in lieu of such repealed words. (b) Section fourteen thereof is amended by repealing Amendment the words "upon the recommendation of the Board of s. 14. and ". (c) Subsection three of section sixteen thereof is Amendment amended as follows :_ of s. 16 (3). (i.) The word "Board" where such word first appears in the said subsection three is repealed and the word "Bureau" is inserted in lieu of such repealed word. (ii.) The words" the Board shall cause" are repealed. (iii.) The words " to the Board for submission " are repealed. (d) Subsection one of section seventeen thereof is Amendment amended by repealing the words" by the Board ". of8.17. (e) The word "Board" where such word first appears in subsection two of section seventeen thereof is repealed and the word "Bureau" is inserted in lieu of such repealed word; and the words " by the Board " in the said subsection two are repealed. (f) Section twenty thereof is amended by repealing the word " Board" wheresoever appearing and inserting the word " Bureau" in lieu of such repealed word. * 7 G. 6 No. 38. N