Irrigation, Water and Rivers and Foreshores Improvement (Amendment) Act 1955 (NSW)
IRRIGATION, WATER AND RIVERS AND FORE-
SHORES IMPROVEMENT (AMENDMENT) ACT.
Act No. 12, 1955.
An Act to limit the right of future acquisition of freehold tenures within irrigation areas; to make further provision with respect to the licensing of bores; to regulate the removal of soil from or adjacent to the banks of rivers; to make further provision for the reduction of rentals payable in respect of certain classes of tenures within irrigation
; for these and other purposes to amend the Irrigation Act, 1912-1954, the Crown Lands Consolidation Act, 1913, the Water Act, 1912-1952, the Rivers and Foreshores Improvement Act, 1948, and certain other Acts in certain respects; and for purposes connected therewith. [Assented to, 12th April, 1955.]
BE
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—
PART I.
PRELIMINARY.
1. ( 1 ) This Act may be cited as the "Irr igation,
Water and Rivers and Foreshores Improvement (Amend
ment) Act, 1 9 5 5 . " ( 2 ) This Act is divided into Par ts as follows:—
PART I.—PRELIMINARY.
PART II .—AMENDMENT OF THE IRRIGATION ACT,
1 9 1 2 - 1 9 5 4 .
PART
I I I ,—AMENDMENT OF THE CROWN LANDS CONSOLIDATION
ACT,
1 9 1 3 .
PART IV.—AMENDMENT OF THE WATER ACT, 1 9 1 2 -
1952 .
PART V.—AMENDMENT OF THE RIVERS AND FORE SHORES IMPROVEMENT ACT, 1948 .
PART VI.—AMENDMENT OF THE WESTERN LANDS
ACT OF 1 9 0 1 .
PART VII.—AMENDMENT OF THE MURRUMBIDGEE IRRIGATION AREAS OCCUPIERS RELTEF ACT, 1934 .
PART VIII.—MISCELLANEOUS.
( 3 ) The Irrigation Act, 1912 , as amended by sub
sequent Acts and by this Act, may be cited as the
Irrigation Act, 1912-1955 .( 4 ) The Water Act, 1912 , as amended by sub sequent Acts and by this Act, may be cited as the Water
Act, 1912-1955 . ( 5 ) The Rivers and Foreshores Improvement Act, 1948 , as amended by this Act, may be cited as the Rivers
and Foreshores Improvement Act, 1948-1955 .
PART
AMENDMENT or THE IRRIGATION ACT, 1912-1954.
2. The Irrigation Act, 1912-1954, is amended—
(a) by omitting from section five the words "five hundred" wherever occurring and by inserting in lieu thereof the words " two thousand"; (b) by inserting next after section 5E the following new section:— 5F. Any person who at the date of commence ment of the Irrigation, Water and Rivers and Foreshores Improvement (Amendment) Act, 1955, is in the service of the Commission and whose yearly salary at such date does not exceed two thousand pounds shall, for the purpose of section five, section 5A and section 5B of this Act, be deemed to have been appointed by the Com mission.
3. The Irrigation Act, 1912-1954, is further amended—
(a) by inserting next after section 8B the following new section:—
8c. (1) (a) It shall be a function of the Com mission to make provision for— (i) the systematic gauging and recording of the volume and flow of rivers and streams, and of the volume of lakes and lagoons within the State and the effect of climatic conditions upon such volume; and
(ii) the gathering and recording of such data concerning the ground water resources of the State as the Com mission may deem practicable.
(b)
(b) The Commission may publish and make available any information so ascertained or gathered.
(2) The Commission may carry out such surveys and investigations and boring, drilling and other explorations as it may deem necessary or desirable to enable it effectively to carry out all or any of its powers, authorities, duties and functions under this or any other Act and without limiting the generality of the fore going may carry out such surveys and investiga tions and boring, drilling and other explorations as it may deem necessary or desirable—
(a)
to ascertain potential sites for works of water storage or water supply and the practicability and cost of constructing any such works;
(b)
to ascertain the nature and extent of lands capable of being supplied with water from any existing or proposed works of water storage or water supply and the means whereby such lands may be so supplied;
(c)
to ascertain the necessity of and poten tial sites for works for flood mitigation or flood control and the practicability and cost of constructing any such works;
(d) to ascertain the nature and extent of
lands capable of being protected or partially protected from flooding or inundation by any works of flood miti gation or flood control; (e) to ascertain the existence and location
of subterranean waters and the character and quality thereof.
(3) The Commission, in the exercise of
its powers, authorities, duties and functionsunder this or any other Act, may by its officers,
servants,
servants, workmen or agents enter upon any lands and do all such things as may be requisite for the purpose of—
(a) making and carrying out such inspec tions, tests, investigations, surveys, experiments and boring, drilling and other explorations as the Commission may deem necessary for the full and effective exercise of any of its powers, authorities, duties and functions under this or any other Act; or (b) constructing, maintaining, operating,
or altering any works,
or for any other purpose connected with or related to or incidental to the exercise of any of its powers, authorities, duties and functions under this or any other Act, notwithstanding an easement or right so to enter or use such lands may not have been granted or acquired.
The powers conferred by this subsection shall be additional to and not in substitution for any other powers elsewhere conferred on the Commission.
(4) In the exercise of any of the powers conferred by subsection three of this section the Commission shall inflict as little damage as may be and shall make full compensation to all parties interested for all damage sustained by them in consequence of the exercise of such
powers. (b) by omitting subsection four of section nine.
4. The Irrigation Act, 1912-1954, is further amended—
(a) by inserting in section 11A after the word
" s h a l l " the words "except as hereinafter provided"; 23617—3 (b)
(b)
by inserting next after subsection one of section 11c the following new subsections:—
(1A) The lessee of an irrigated lot within the irrigation area constituted under the provisions of the Wentworth Irrigation Act shall not be entitled to purchase such lot unless the land comprising such lot has, throughout the whole of the period from the commencement of the Irrigation, Water and Rivers and Foreshores Improvement (Amendment) Act, 1955, to the date of notification of his intention to pur chase—
(a)
been leased land by way of lease subsisting at such commencement and of any new lease granted from time to time during such period; and
(b) been held by—
(i) the lessee under the lease subsist ing at such commencement; or
(ii) that lessee and any lessee who became lessee by transfer or assignment from or devolution under the will or intestacy of any immediately prior lessee.
(1B) The lessee of an irrigated lot within the irrigation area constituted under the provisions of the Hay Irrigation Act, 1902, shall not be
entitled to purchase such lot unless he has prior to the commencement of the Irrigation, Water and Rivers and Foreshores Improvement (Amendment) Act, 1955, notified the Commis sion on the form and in the manner prescribed of his intention to purchase such lot.
5. The Irrigation Act, 1912-1954, is further amended—
(a) by omitting subsection four of section twelve;
(b)
(b)
by inserting in subsection one of section thirteen after the words "such additional water r igh ts" the following new paragraph:—
After the full quantity of water to which an occupier is entitled pursuant to the water rights attached to his land and to any additional water rights which may have been allotted to him has been supplied, the Commission may, on appli cation by the occupier, supply him with addi tional water at such charges as the Commission may determine.
(c) by inserting next after section thirteen the following new section:— 13A. (1) Where the Commission is prepared to make available and makes available to any land a supply of water solely during the hours of daylight, it may impose such special charge per acre foot for all water so supplied as it may from time to time determine. Notification of any such determination shall be published in the Gazette.
(2) The special charge shall be in addition to the charges for any water rights which are attached to the land and for any additional water rights and for any water supplied to the land additional to the water supplied pursuant to such water rights and additional water rights.
(3) The special charge shall be deter mined by the Commission having regard to the
additional cost per acre foot which the
Commission estimates will be incurred by it in supplying water solely during the hours of daylight.
(4) The special charge shall be paid by the occupier of the land on or before the thirtieth day of June in each year in respect of water supplied during the year ending on the said thirtieth day of June.
(5)
(5) In this section "acre foot" means such a quantity of water twelve inches deep as would cover an area of one acre.
(d) (i) by inserting in subsection one of section fifteen after the word " A c t " where thirdly occurring the words " o r for maintenance charges arising in relation to the supply of water ' ' ;
(ii) by omitting from the same subsection the words " a s and when directed by the bank" ;
(iii) by inserting at the end of the same subsec tion the following new paragraph:—
The charges in respect of water rights which are attached to the land, the charges in respect of additional water rights, and the charges in respect of the water supplied to the land additional to water supplied pur suant to such water rights and additional water rights shall be paid at the times and in the manner prescribed, and all other rates or charges for water and maintenance charges shall, except where otherwise ex pressly provided, be paid at the times and in the manner determined by the Commis sion and when no such determination has been made then at such times and in such manner as may have been agreed between the Commission and the occupier.
6. The Irrigation Act, 1912-1954, is further amended— (a) by inserting next after section 17A the following new section:— 17AA. Any person who destroys, damages or interferes in any way with any work, structure or other thing whatsoever vested in or made, constructed or provided by or otherwise under the control or management of the Commission shall where no other provision is expressly made by any other section of this Act be liable upon
summary
summary conviction to a penalty not exceeding fifty pounds or to imprisonment for a term not exceeding three months: Provided that nothing in this section shall in any way affect any liability to which any person who commits a breach of this section may be subject under any other Act or at common law but such person shall not be liable to be punished twice for the same offence.
(b)
by inserting in subsection three of section eighteen after the word " A r e a " where thirdly occurring the words "and any other irrigation area constituted or which may be constituted under the provisions of this Ac t " ;
(c)
by omitting from the same subsection the words and figures "and Par t V I I " and by inserting in lieu thereof the words and figures " P a r t VII
and Par t VI I I " .
PART III .
AMENDMENT or THE CROWN LANDS CONSOLIDATION ACT,
1913.
7. The Crown Lands Consolidation Act, 1913, as
amended by subsequent Acts, is amended—
(a)
by inserting at the end of subsection two of section one hundred and forty the following proviso:—
Provided that in the case of lands set apart for disposal in accordance with the provisions of section three of the War Service Land Settle ment Act, 1941, as amended by subsequent Acts, the survey fee shall not be required to accom pany an application but shall be paid by the successful applicant at a time and in a manner to be specified in the notification under para graph (d) of subsection two of section one hundred and thirty-nine of this Act that the lands are available for disposal.
(b)
(b) (i) by omitting from subsection five of section one hundred and forty-two the word " s i x " and by inserting in lieu thereof the word " t h r e e " ;
(ii) by inserting in paragraph (a) of subsection six of the same section after the words " this Ac t " the words "before the commencement of the Irrigation, Water and Rivers and
Foreshores Improvement (Amendment) Act, 1955";
(iii) by omitting from paragraph (c) of the same subsection the words "Irr igat ion and Water (Amendment) Act, 1943" and by inserting in lieu thereof the words "Irrigation, Water and Rivers and Fore shores Improvement (Amendment) Act, 1955";
(iv) by omitting paragraph (d) of the same subsection and by inserting in lieu thereof the following paragraph:—
(d) A condition to the effect that the land or any specified part of the land shall not be used to plant—
(i) any fruit trees, vines or plant ings or any specified type or types or class or classes of fruit trees, vines or plantings; or
(ii) any area or areas of fruit trees, vines or plantings or of any speci fied type or types or class or classes of fruit trees, vines or plantings in excess of the area or areas specified in the condition, may be attached to any irrigation farm purchase after the commencement of the Irrigation, Water and Rivers and Fore shores Improvement (Amendment) Act.
1955,
1955, by the Minister when notifying such land as available for disposal or by the Commission when notifying the addition of land to such irrigation farm purchase.
(c) (i) by omitting from subsection four of section
142D the word " s i x " and by inserting in
lieu thereof the word " t h r e e " ; (ii) by inserting in subsection seven of the same section after the words " this Ac t " the words "before the commencement of the Irrigation, Water and Rivers and Fore shores Improvement (Amendment) Act, 1955";
(iii) by omitting from subsection eight of the same section the words "Irr igat ion and Water (Amendment) Act, 1943" and by inserting in lieu thereof the words "Irr iga tion, Water and Rivers and Foreshores Improvement (Amendment) Act, 1955";
(iv) by omitting subsection nine of the same sec tion and by inserting in lieu thereof the following subsections :—
(9) A condition to the effect that the land or any specified part of the land shall not be used to plant—
(a) any fruit trees, vines or plantings
or any specified type or types or class or classes of fruit trees, vines
or plantings; or
(b) any area or areas of fruit trees, vines or plantings or of any specified type or types or class or classes of fruit trees, vines or plantings in excess of the area or areas specified in the condition. may be attached to any lease after the com mencement of the Irrigation, Water and Rivers and Foreshores Improvement
(Amendment)
(Amendment) Act, 1955, by the Minister when notifying such land as available for disposal or by the Commission when notify ing the addition of land to such lease.
(9A) (a) The Minister may, at any time, with the consent of the holder of the lease, by instrument under his hand in the prescribed form, cancel or vary any condition mentioned in subsection seven, subsection eight or subsection nine of this section on such terms and conditions as he thinks fit and the condition as so varied shall, whether or not the perpetual lease grant has issued, be the condition attaching to the land.
(b) The Registrar-General may
register any such instrument and may cause appropriate entries to be made in the register book.
(d) (i) by inserting at the end of subsection one of section one hundred and forty-five the words "o r to an irrigation farm lease or a non- irrigable lease described in any notification in the Gazette under the provisions of sec tion one hundred and thirty-nine of this Act as suitable for farming purposes, granted after the commencement of the Irrigation, Water and Rivers and Foreshores Improve
ment (Amendment) Act, 1955"; (ii) by inserting in subsection three of the same section after the word "determined" the words " a s at the date of receipt by the Commission of the notification referred to in subsection two of this section";
(iii) by inserting at the end of paragraph (d) of subsection five of the same section the following new paragraphs:—
(e) Where any lease converted under this
section is subject to a transfer by way of
mortgage
mortgage registered in the books 0f the
Commission such transfer shall be—(i) deemed to extend and always to have extended to the purchase into which the lease has been converted in the same manner as it applies to the lease; and
(ii) recorded in the books of the Com mission as a transfer of the purchase.
The provisions of this paragraph shall not apply to a transfer by way of mortgage of a lease in respect of which a perpetual lease grant has been issued where such transfer was registered in the books of the Commission before the issue of such per petual lease grant.
(f) Where immediately preceding the conversion of any lease under this section an easement is appurtenant to or a burden upon any land comprised in such lease such easement shall after such conversion con tinue to be appurtenant to or a burden upon such land.
(g) Where a perpetual lease grant has issued in respect of any lease converted under this section and the Commission lodges with the Registrar-General with the surrender referred to in subsection two of this section a notification that the lease has
Registrar-General shall register such sur been converted into a purchase, the render without requiring that any easement to which the land is subject shall be released or that any mortgage or other security to which the land is subject shall be discharged.
(h) Paragraphs (e), (f) and (g) of this subsection shall apply to conversions whe ther effected before or after the commence ment of the Irrigation, Water and Rivers
and
and Foreshores Improvement (Amend
ment) Act, 1955.
8 . The Crown Lands Consolidation Act, 1913, as amended by subsequent Acts, is further amended—
(a) (i) by inserting in subsection one of section 147D after the words "irrigation farm lease" the words " o r a non-irrigable lease" ;
(ii) by inserting next after subsection four of the same section the following new subsec tions :—
(4A) The application whether made before or after the commencement of the Irrigation, Water and Rivers and Fore shores Improvement (Amendment) Act, 1955, may with the consent of the owner or owners of the private lands proposed to be included or excluded or the price of which is proposed to be increased or decreased and the approval of the Minister be varied by including therein additional private lands or excluding therefrom part of the lands included therein or by increasing or decreasing the price specified in the application.
(4B) The consent of the owner or owners under subsection one of this section whether given before or after the commence
ment of the Irrigation, Water and Rivers and Foreshores Improvement (Amendment) Act, 1955, and the consent of the owner or owners under subsection (4A) of this section shall not be withdrawn before the expiration of sixty days after such owner or owners has or have given to the Minister notice in writing of his or their intention so to with draw: Provided that in no case shall such consent be withdrawn after the Minister has approved of the purchase.
(b)
(b)
by omitting from section 147E the words "such lands" where firstly occurring and by inserting in lieu thereof the words " the lands the subject of such application".
(c) (i) by inserting in section 147G after the word
" m a d e " where firstly occurring the words
" o r var ied"; (ii) by inserting in paragraph (c) of the same section after the words "irrigation farm lease" the words " o r a non-irrigable lease";
(iii) by inserting at the end of the same section the words " o r he may at his discretion refuse the application: Provided that the Minister shall not so approve where in his opinion the amount of capital (including shares in any company or any interest in any land) held by any applicant or by his or her spouse or by his or her parent or parents is such as to warrant refusal of the application";
(d)
by omitting from subsection one of section 147H the words "Where, under section 147D of this Act, an application has been made to the Minister to acquire any lands and the Minister has approved of the purchase of such lands" and by inserting in lieu thereof the words "Where
(e) (i) by inserting at the end of paragraph (a) of lands ' ' ; the Minister has approved of the purchase of subsection one of section 147J the following
words "o r non-irrigable leases";(ii)
by inserting next after the same paragraph the following new paragraphs:—
(al) Any lands deemed by the Minister
to be necessary for roads, or anypurpose which he considers to be a
community
community purpose or a public purpose, or any lands which the Minister considers should be ex cluded for any reason may be excluded from the holdings and any adjacent Crown lands may be included in such holdings.
(a2) The subdivision may be made into holdings before the holdings are measured, and in such case the holdings may be notified under paragraph (c) of this subsection according to the design thereof.
(iii) by inserting in subparagraph (vi) of para graph (c) of the same subsection after the words "irrigation farm lease" the words " o r a non-irrigable lease" ;
(iv) by inserting in subsection four of the same section after the words "irrigation farm lease" where firstly occurring the words " o r a non-irrigable lease" ;
(v) by inserting in the same subsection after the words "irrigation farm lease" where secondly and thirdly occurring the words
" o r non-irrigable lease" ;
(iv) by inserting in subsection four of the same (4A) Where a holding has been measured after publication in the Gazette of a noti fication under paragraph (c) of subsection one of this section any necessary adjustment shall thereafter be made as to the area and annual rental of the holding and of the nature and value of any improvements which are the property of the Crown and which are to be paid for by the incoming the following new subsections:—
tenants,
tenants, and 0f the terms and conditions upon which payment for the improvements shall be made.
(4B) Any lands excluded from the hold ings under paragraph (al) of subsection one of this section may be retained by the Crown either permanently or for a limited period and the Commission may expend moneys necessary to maintain adequately such lands and the improvements thereon, and, if necessary, to replace improvements on such lands during such time as they are retained by the Crown. Such lands may be used for such purposes or leased by the Commission for such terms and upon such conditions as the Minister may approve, or may be otherwise disposed of under the provisions of this Act.
(vii) by inserting in subsection five of the same section after the words "irrigation farm lease" the words "o r a non-irrigable lease";
(viii) by inserting in the same subsection after the words "irrigation farm purchase" the words " or a non-irrigable purchase ' ' ;
(ix) by inserting in subsection six of the same section after the words "irrigation farm leases" the words " o r non-irrigable leases";
(f) by inserting in subsection two of section 147K
after the words "irrigation farm lease" the words " o r a non-irrigable lease".
9. The Crown Lands Consolidation Act, 1913, as amended by subsequent Acts, is further amended—
(a)
by inserting in subsection one of section one hundred and ninety-seven after the word "set t lement" where firstly occurring the words
" o r
" o r for constitution as an irrigation area or for the alteration of an irrigation area by including additional lands of the Crown";
(b) by omitting from the same subsection the words "The local land board" where firstly occurring and by inserting in lieu thereof the words "Except as hereinafter provided the local land board" ; (c) by inserting at the end of the same section the following new subsections:— (5) In the application of the provisions of this section to any exchange or purchase or resump tion of land for constitution as an irrigation area or for the alteration of an irrigation area by including additional lands of the Crown, the following provisions shall have effect—
(a)
the provisions of subsection one of this section relating to inquiry into and report by the local land board upon any application or proposal for the exchange or purchase or resumption of any land and determination of the values of any land to be acquired or granted in pursuance thereof and the price to be paid for the land resumed shall not apply;
(b) subsection one of this section shall be
read and construed as if for the words " the Minister" where thirdly occurring there were substituted the words " the Commission";
(c)
the compensation to lie paid in respect of any resumption to which this sub section applies shall be the value of the land as determined by an advisory board or the Land and Valuation Court on appeal;
(d)
(d)
subsection two of this section shall be read and construed as if for the words " a local land board" there were substi tuted the words " a n advisory board" ;
(e)
in determining the value of the land as referred to in paragraph (c) of this subsection—
(i) the provisions of paragraph (b) of subsection four of section four of the Closer Settlement (Amendment) Act, 1907, as amended by subsequent Acts, shall be taken into account; and
(ii) there shall be excluded any added value which would accrue or has accrued to the land from the construction or utilisation of the works of any district or provi sional district constituted under the provisions of Par t VI of the Water Act, 1912, as amended by subsequent Acts;
(f) the provisions of sections nine and ten of the Closer Settlement (Amendment) Act, 1907, as amended by subsequent Acts, shall mutatis mutandis apply to and in respect of any resumption to which this subsection applies; (g)
the provisions of subsection one of this section as amended by this subsection shall extend to the resumption of any public road;
(h)
in this subsection the expression "advisory board" means a Closer Settlement Advisory Board constituted under section two of the Closer Settle ment (Amendment) Act, 1907, as amended by subsequent Acts.
(6)
(6) Where any public road is resumed under the authority of this section in connection with the resumption of lands for constitution as an irrigation area or for the alteration of an irrigation area by including additional lands of the Crown the following provisions shall not withstanding anything contained in this section have effect:—
(a)
the municipal or shire council within whose area the public road so resumed is situated shall be entitled to claim compensation therefor;
(b)
subject to paragraphs (c) to (j) inclusive of this subsection the compen sation shall be an amount not exceeding the capital sum spent by the council upon the construction of the road together with the sum, if any, paid by the council for purchase or resumption of the land therefor;
(c)
in any case where the council decides that it is necessary to purchase or resume and construct a new road to replace that resumed it shall notify the Commission of its decision;
(d)
any notification referred to in para graph (c) of this subsection shall be accompanied by a plan of the location
of the proposed new road, together with an estimate of the cost of the purchase or resumption and construction of the proposed new road; (e) where, having regard to the require ments of the public as at the date upon which the public road is resumed, the Commission is of opinion— (i) that it is not necessary to replace the road resumed; or
(ii)
(ii) that the location of the proposed new road is not satisfactory; or
(iii) that the cost of the purchase or resumption and construction of the proposed new road is excessive; or
(iv) that, for any reason whatsoever, the decision of the council should not be carried out either wholly or in part—
the Commission shall notify the council
accordingly;
(f) the notification referred to in paragraph (e) of this subsection shall be accom panied by— (i) a statement setting out the grounds upon which the opinion of the Commission is based;
(ii) details of any alternative pro posal which in the opinion of the the Commission should be adopted, together with such plans and estimates of costs (if any) as may be necessary to provide the council with full information in relation to the carrying out of such alternative proposal;
(g) any matter in dispute between the council and the Commission under paragraphs (e) and (f) of this subsec tion may be referred by either the council or the Commission to the Land and Valuation Court in accordance with rules of court;
(h)
the Land and Valuation Court shall have jurisdiction to hear and determine any matter referred to it pursuant to
the
the provisions of paragraph (g) of this subsection and that court may in its discretion award such costs as it thinks fit in relation to any matter so referred;
(i) the determination of the Land and Valuation Court in relation to any matter referred to it under the provi sions of paragraph (g) of this subsec tion shall be final and shall be carried into effect by the council and the Commission;
(j)
where the Land and Valuation Court by its determination decides that it is necessary to replace any public road to which the provisions of this subsection apply the amount of compensation shall be such sum, not exceeding the cost of purchase or resumption and construc tion of the new road, as the said court may determine and in making such determination the said court shall have regard to the actual condition of such public road as at the date of resumption and to the extent to which the same was used by the public before that date and also to any damage to the road caused by the Commission before that date;
(k)
any amount paid to the council by way of compensation pursuant to the provi
sions of paragraphs (c) to (j) inclusive of this subsection shall be placed by the council in a trust fund until expended on such new road.
PART
PART IV.
AMENDMENT OF THE WATER ACT, 1912-1952,
1 0 . The Water Act, 1912-1952, is amended—
(a)
by inserting at the end of the definition of " R i v e r " in subsection three of section 4A the words " a n d includes those waters of a tidal river which are at any time capable of being used for irrigation or for watering stock";
(b) (i) by omitting from the definition of " Jo in t
water supply scheme" in section five the
words "bu t not a l l " ; (ii) by inserting at the end of the same definition the words ' ' and includes any work to which this Par t extends which is used or proposed to be used for the purpose of supplying water for irrigation by any occupier or occupiers other than the occupier or occupiers of the site of the work" ;
(iii) by inserting at the end of the definition of " R i v e r " in the same section the words "and includes those waters of a tidal river which are at any time capable of being used for irrigation or for watering stock";
(c) by inserting in subsection one of section 17c next after the word " se rvan t s " the words "o r
agents ' ' ; (d) by inserting next after subsection three of sec tion 18B the following new subsection:— (3A) Notwithstanding the provisions of sub sections two and three of this section—
(a)
where any such license is held by a member of the forces, discharged member of the forces, discharged soldier, other eligible person, member of the Korea and Malaya Operations Forces or discharged member of the
Korea
Korea and Malaya Operations Forces as defined in the War Service Land Settlement Act, 1941, as amended by subsequent Acts, (hereinafter in this Division referred to as a war service settler) in respect of any work to which this Par t extends which is used in connection with a holding set apart for disposal in accordance with the provi sions of section three of the War Service Land Settlement Act, 1941, as amended by subsequent Acts, or acquired under the provisions of Par t
I V A of the Closer Settlement Amend
ment (Conversion) Act, 1943, as amended by subsequent Acts (herein after in this Division referred to as a war service holding) such license shall be classified as Class A; and
(b)
in the ease of any such authority, where the whole of the lands within the joint water supply scheme the subject of the authority are war service holdings, such authority shall be classified as Class A.
(e)
by omitting section 18c and by inserting in lieu thereof the following section:—
18c. Any license or authority to appropriate
water for the purpose of irrigation from a river
or lake or section of a river in respect of which a proclamation has been made under the provi sions of section 18A of this Act, which is granted
after the date of such proclamation, shall—
(a)
if any such license is granted to a war service settler in respect of any work to which this Par t extends which is used in connection with a war service holding, be classified by the Commis sion as a Class A license;
(b)
(b)
if, in respect of any such authority the whole of the lands within the joint water supply scheme the subject of the authority are war service holdings, be classified by the Commission as a Class A authority; and
(c)
in every other case, be classified by the Commission as a Class C license or authority.
(f) (i) by inserting next after subsection seven of
section 18D the following new subsection:—(7A) If at any time a war service settler becomes the holder of a license which has been classified or reclassified by the Com mission as a Class B or a Class C license and the licensed work is used in connection with a war service holding, such license shall be reclassified by the Commission as a Class A license.
(ii) by inserting at the end of the same section the following new subsection:—
(9) (a) Notwithstanding the provisions of subsection eight of this section, a license which is held by a war service settler in respect of any work to which this Par t extends which is used in connection with a war service holding shall not, except as
provided in subsection (7A) of this section, be subject to reclassification by the Commis sion for a period of five years from the date upon which the license commenced to be held by the war service settler.
(b) Notwithstanding the provisions of subsection eight of this section, where the whole of the lands within a joint water supply scheme the subject of an authority are war service holdings, the authority shall
not
not be subject to reclassification by the Commission for a period of five years from the date of the granting of the authority.
11. The Water Act, 1912-1952, is further amended by inserting next after section thirty-eight the following new section:—
38A. (1) Where a trust has been constituted on terms that the trust shall pay a charge for water to be supplied by the Crown from works which include a bore and the Commission is of the opinion that such works should be taken over, administered and managed by the trust, the Commission may notify in the Gazette and in some newspaper circulating in the trust district a proposal that the works by means of which water is supplied to the trust shall be transferred to the trust to be so taken over, administered and managed and that the trust shall be required to repay the value of the works.
(2) Any such proposal shall embody—
(a) a description of the works;
(b) a statement of the value of the works;
(c) a statement of the terms upon which the trust shall repay the value of the works and interest thereon specifying— (i) that such repayment be made by the provision of a sinking fund;
(ii) the rate of interest which shall be
paid by the trust on the value of the works; (iii) the number of years within which such repayment shall be made;
(d)
if it is proposed to vary the maximum rate which may be assessed by the trust, a revised maximum rate which may be assessed by the trust after the works have been transferred to the trust ; and
(e)
such other provisions as the Commission may deem necessary or desirable.
(3)
(3) If within eight weeks after such notifi cation a petition is presented to the Commission, signed by at least one-third in number of the owners of land within the trust district, objecting, upon grounds stated in the petition, to—
(a) the value of the works;
(b) the number of years within which the repay ment referred to in paragraph (c) of sub section two of this section is to be made; (c) the revised maximum rate (if any) which may be assessed by the trust,
the Commission shall refer the matter or matters regarding which objection has been so made to the Board for inquiry and report.
(4) If within the said period no such petition is received, or upon receipt of the report of the Board in respect of any reference to it pursuant to the provisions of subsection three of this section, as the case may be, the Governor by proclamation in the Gazette may—
(a) transfer to the trust the works described in the proposal referred to in subsection one of this section upon the terms set out in such proposal with such amendments, if any,— (i) where no reference has been made may think fit; or to the Board, as the Commission
(ii) in any other case, as the Board may recommend; and
(b)
appoint a date, hereinafter called the " t ransfer day", not being earlier than the date of publication of the proclamation, on and from which the transfer of the works to the trust shall be and become effective.
(5)
(5) Upon the transfer day the following provisions shall take effect:—
(a) the trust shall take over and shall there after administer and manage the works so transferred and in respect thereof may exercise all the powers and shall discharge all the duties conferred and imposed by this Par t in respect of works taken over by or in charge of a trust, except such powers as are conferred solely on the Commission; (b) the trust shall become liable to repay the value of the works and interest and the charge for interest and payments to the sinking fund shall commence to run; (c) the liability of the trust to pay the charge for water to be supplied by the Crown shall cease and determine: Provided that— (i) nothing in this paragraph shall be deemed to discharge or to modify or affect in any way the liability of the trust to pay for water supplied by the Crown at any time prior to the transfer day;
(ii) the charge for water to be supplied by the Crown in respect of the period then current shall be deemed to accrue from day to day and be
apportioned accordingly; (iii) if the trust has paid the charge for water to be supplied by the Crown in respect of the period then current, the proportion thereof which relates to that part of such period as has not elapsed on the transfer day shall be credited towards the liability of the trust in respect of charges for interest
and
and payments to the sinking fund pursuant to the provisions of this section;
(iv) if the charge for water to be supplied by the Crown in respect of the period then current has not become due and payable, the trust shall, unless such charge has been paid by the trust, be liable to pay and shall pay the proportion thereof which relates to that part of the said period which has elapsed on the transfer day on the date which but for this section would have been the due date for payment of such charge next ensuing after the transfer day;
(d)
the revised maximum rate (if any) specified in the proposal referred to in subsection one of this section or any amendment thereof made by the proclamation referred to in subsection four of this section shall be and become the maximum rate which may be assessed by the trust thereafter and the trustees may assess rates up to such revised maximum notwithstanding that a rate may already have been fixed and levied in respect of the rating year then current;
(e) the trust shall from such transfer day observe and perform all of the terms and conditions upon which the works have been transferred.
(6) Notwithstanding anything contained in this section the trust may, subject to the approval of the Commission, have the option of repaying the value of the works by a lump sum or in a less number of years than the period determined under the fore going provisions of this section for such repayment.
(7)
(7) (a) In this section the expression " the value of the works" means the value, as determined by the Commission or where varied under the fore going provisions of this section as so varied, of the works by means of which water is supplied to a trust by the Crown.
(b) In determining such value the Com
mission shall—
(i) determine the value as at the date of the notification in the Gazette of the proposal referred to in subsection one of this section;
(ii) if the charge for water to be supplied by the Crown to be paid by a trust to which this section applies has been fixed to in clude the payment of the cost of the works, take into consideration the amount which has been paid by the trust towards the cost of the works; and
(iii) have regard to any certificate issued under the provisions of section 73D of this Act.
12. The Water Act, 1912-1952, is further amended—
(a) by omitting from section one hundred and five the definition ' " B o r e " and " W e l l " ' and by inserting in lieu thereof the following defini tion :— " B o r e " means any bore or well or any exca vation or other work connected or pro posed to be connected with sources of sub-surface water and used or proposed to be used or capable of being used to obtain supplies of such water whether the
water
water flows naturally at all times or has to be raised either wholly or at times by pumping or other artificial means, but does not include a work to which Par t I I of this Act extends.
(b) by omitting section 111A;
(c) by omitting from subsection one of section one hundred and twelve the words " t o increase the flow of water therefrom"; (d) by inserting in subsection two of section one hundred and thirteen after the word " b o r e " where secondly occurring the words " o r the
circumstances so war ran t " ; (e) by omitting from subsection one of section one hundred and fourteen the words " in the case of an application with respect to an artesian bore" ; (f) by omitting section one hundred and fifteen and by inserting in lieu thereof the following sec tions :—
115. (1) In any case where an application has not been advertised pursuant to subsection two of section one hundred and thirteen of this Act the Commission shall, as soon as practicable after it has investigated and considered the application, issue a license to the applicant in the prescribed form, subject to such terms, limitations and conditions as it may deem fit
and proper.
(2) In any other case the Commission
shall—
(a)
where an inquiry has been held pur suant to section one hundred and four teen of this Act and the board reports in favour of the issuing of a license; or
(b)
(b)
where no inquiry has been held pur suant to section one hundred and four teen of this Act and the Commission decides to grant the application,
on payment of the prescribed fee issue a license to the applicant in the prescribed form, subject to such terms, limitations and conditions as it may deem fit and proper.
115A. (1) Every owner of land upon which at the commencement of the Irrigation, Water and Rivers and Foreshores Improvement (Amendment) Act, 1955, there exists a bore or a partially constructed bore for the sinking of which a license under the provisions of this Par t has not been issued shall within a period of twelve months after such commencement notify the Commission in writing of the existence of each such bore and shall make application for a license for and in respect of each such bore.
(2) The provisions of subsection one of section one hundred and thirteen shall, mutatis mutandis, apply to and in respect of an application under this section.
(3) The Commission shall, as soon as practicable after receipt of an application under this section, issue a license to the applicant in the prescribed form, subject to such terms, limitations and conditions as it may deem fit
provisions of this section shall, upon conviction, and proper. (4) Any person who contravenes the be liable to a penalty not exceeding one hundred pounds and a further penalty not exceeding five pounds for each day during which the contra vention continues after such conviction.
(g)
by omitting from section one hundred and seventeen the word " w e l l " and by inserting in
lieu thereof the word " b o r e " ;
(h)
(h)
by omitting from section one hundred and eighteen the word "we l l " wherever occurring and by inserting in lieu thereof the word " b o r e " :
(i) by inserting next after section one hundred and eighteen the following new section:—
118A. (1) No person shall, after the expira tion of three months from the commencement of the Irrigation, Water and Rivers and Foreshores Improvement (Amendment) Act, 1955, act as a driller on or in connection with the construction of a bore on any land other than that of which he is the owner or occupier unless he is the holder of a driller's license issued by the Commission.
(2) Any person who contravenes the provisions of subsection one of this section shall, upon conviction, be liable to a penalty not ex ceeding twenty pounds and a further penalty not exceeding two pounds for each day during which the contravention continues after such conviction.
(3) A driller's license may be issued by the Commission to any competent and capable person upon application being made therefor in writing and upon the Commission having been furnished with such information as to the com petency and capability of the applicant as it may require.
(1) A holder of a driller's license who
acts as a driller on or in connection with the construction of a bore shall, upon demand being made by the Commission and within such time as the Commission may specify, furnish to the Commission or to such person as the Commis sion may direct and in such form as the Commission may require, such information relating to—
(a)
the nature and thickness of the various strata met with during the drilling performed by him in connection with
the bore; (b)
(b)
the location, quantities and quality of all supplies of water met with during such drilling;
(c)
the height each such supply of water stands relative to the natural surface of the ground at the site of the bore; and
(d)
the depth, diameter and other particu lars of the bore and the casing inserted in the bore,
as the Commission may require.
(5) Any driller who contravenes the provisions of subsection four of this section shall, upon conviction, be liable to a penalty not exceeding twenty pounds and to a further penalty not exceeding two pounds for each day during which the contravention continues after such conviction and, in addition to the imposi tion of the said penalty, the Commission may cancel his driller's license.
(6) The Commission may at any time cancel any license issued pursuant to subsection three of this section if in its opinion the holder of the license is or has become incompetent or incapable or is not a fit and proper person to continue to be licensed as a driller or for such other good and sufficient cause as to the Commis sion seems proper.
(7) No person shall be entitled to claim or be paid any compensation whatsoever aris ing out of or by reason of the exercise by the Commission of the powers conferred by sub section six of this section.
(j) (i) by inserting in subsection one of section one
hundred and twenty-three after the word" w e l l " where firstly occurring the words
" o r b o r e " ;
(ii)
(ii) by omitting from the same subsection the words "par t ia l closing" and by inserting in lieu thereof the words "closing or partial closing";
(iii) by omitting from the same subsection the words "such well" and by inserting in lieu thereof the words "such artesian well or bo re" ;
(iv) by omitting from subsection two of the same section the words "such well" and by inserting in lieu thereof the words "such artesian well or bo re" ;
(k) (i) by omitting from subsection one of section one hundred and twenty-four the words "artesian wells" and by inserting in lieu thereof the words "artesian well or bo re " ;
(ii) by omitting from the same subsection the words "such wells" and by inserting in lieu thereof the words " a n y artesian well or bore".
13. The Water Act, 1912-1952, is further amended—
(a)
by inserting in the definition of "Work" in section one hundred and thirty after the word " sewer" the words "bridge, culvert, fence,";
(b) by omitting subsection two of section 133A and
by inserting in lieu thereof the following sub section :— (2) Where by virtue of any such further proclamation lands previously described as com prising two or more holdings become one hold ing or lands previously described as comprising one holding become two or more holdings such further proclamation may attach to the new holding or each of the new holdings such number of water rights as the Governor may consider proper.
(c)
(c)
by inserting next after section 133A the follow ing new subheading and section:—
Additional Works.
133B. At any time after the notification of the completion of the works of a provisional district or the proclamation of the constitution of a district the Commission may, for the purposes of such provisional district or district, construct or acquire any additional works and thereupon such additional works shall become works of the provisional district or district, as the case may be.
(d) by inserting next after section one hundred and thirty-seven the following new section:— 137A. (1) In any provisional district or dis trict in which water is supplied through pipes under pressure and any meter is installed by the Commission for the purpose of measuring the quantity of water so supplied to a holding, the Commission may impose such annual charge for the use of such meter as it may from time to time determine. The charge shall be paid to the bank by the owner of the land on or before the fifteenth day of September in each year.
(2) The owner of the land shall pay to
the Commission on demand all costs, charges
and expenses incurred by the Commission in re
pairing or replacing any such meter which has become damaged or destroyed from any cause whatsoever and upon default in payment the amount of such costs, charges and expenses may be recovered by the Commission from such owner in any court of competent jurisdiction as a debt due and owing to the Commission.
(e) (i) by inserting in subsection three of section
one hundred and thirty-nine after the word" r a t e s " the words " o r charges for water" ;
(ii)
(ii) by inserting in the same subsection after the word " r a t e " wherever occurring the words " o r charge";
(iii) by inserting in subsection four of the same section after the word " r a t e " the words " o r charge for water" ;
(iv) by inserting in subsection five of the same section after the word " r a t e " the words
" o r charge for wa te r" ; (v) by inserting in subsection six of the same section after the word " r a t e " where firstly occurring the words " o r charge for wate r" ;
(vi) by inserting in the same subsection after the word "miscalculation" the words " o r for any other reason whatsoever";
(vii) by inserting in the same subsection after the word " r a t e " where secondly occurring the words "o r charge" ;
(f) (i) by omitting subsections nine and (9A) of section one hundred and forty-seven and by inserting in lieu thereof the following subsection:—
(9) (a) Upon the Commission becoming
aware that an owner has subdivided hisholding and has disposed of any part or
parts or all the parts thereof the Governor shall on the recommendation of the Com mission declare that, as from a specified date not being earlier than the date the Commission became aware of such subdivi sion and disposal, the holding shall for the purposes of this Par t cease to be a holding and that new holdings shall be deemed to be constituted in respect of each part dis posed of and the part, if any, retained by the owner
| 23617—4 | ( b ) |
(b) Thereupon if water rights were attached to the former holding the Governor on the recommendation of the Commis sion—
(i) shall apportion such water rights between the new holdings; or
(ii) shall increase the number of such water rights and apportion such increased number of water rights between the new holdings; or
(iii) may in any case where water rights are not to be attached to any new holding by virtue of the provisions of paragraph (d) of this subsec tion reduce the water rights which were attached to the former hold ing by not more than the proportion which the area of any such new holding bears to the area of the former holding and shall appor tion such reduced number of water rights between the remaining new holdings.
(c) Water rights as apportioned in
accordance with the provisions of paragraph
(b) of this subsection shall attach to each
of the new holdings on and from the date specified in accordance with the provisions of paragraph (a) of this subsection.
(d) Water rights shall not be
attached to any new holding which, in the opinion of the Commission, does not con tain land capable of being irrigated from the works of the district or provisional dis trict, or to which, in the opinion of the Commission, it is impracticable to convey water for irrigation from such works.
(e)
(e) Rates and charges for water shall he assessed and payable in respect of each of the new holdings as from the date specified in accordance with the provisions of paragraph (a) of this subsection.
(f) Any necessary adjustment of rates and charges for water already assessed and levied in respect of the former holding shall be made.
(g) The rates and charges for water in respect of the new holdings shall be pay able notwithstanding that the means of supplying and conveying water from the works of the district or provisional district and of measuring such supply have not been provided in respect of all or any of such new holdings.
(ii) by omitting paragraph (f) of subsection ten of the same section and by inserting in lieu thereof the following paragraph:—
(f) (i) Where the owner of a holding has not in accordance with the provisions of paragraph (a) of this subsection constructed or fully constructed the works therein referred to the Commission may construct such works as have not been con structed by such owner and may recover the costs and expenses (including the cost of
acquisition of any land or easement deemed
by the Commission to be required for such
works) incurred in so doing in any court of competent jurisdiction as a debt either from such owner, or from the owner of the new holding for the purposes of which the works are required to be constructed, as the Commission may determine.
(ii) Where pursuant to the provisions
of subparagraph (i) of this paragraph anypart
part of the cost referred to in that subpara graph is recovered from any person other than the former owner of the holding, that person may, subject to the terms of any agreement between himself and such former owner, recover that part from such former owner.
(iii) Any works which the Commission constructs pursuant to the provisions of subparagraph (i) of this paragraph shall be deemed to be constructed as works of the district or provisional district, as the case may be, and the provisions of section one hundred and forty-eight of this Act shall apply to and in respect of the construction of such works.
(iii) by inserting at the end of subsection ten of the same section the following new para graph :—
(h) If any works which are deemed by the Commission to be necessary to provide means of supplying and conveying water from the works of a district or provisional district to lands within that district or pro visional district, as the case may be, which have been acquired by the Crown by pur
chase or resumption under the provisions of the Closer Settlement (Amendment) Act, 1907, as amended by subsequent Acts, or by purchase or vesting under the provi sions of the Closer Settlement Amendment (Conversion) Act, 1943, as amended by subsequent Acts, or to any part or parts of any such lands, have not been other wise constructed, the Commission shall have power and shall always be deemed to have had power to construct any such works
as
as works of the d is t r ic t or provis ional dis t r ic t within which any such lands are s i tuated and the provis ions of section one hundred and forty-eight of this Act shall apply and shall a lways be deemed to have applied to and in respect of the construct ion of such works .
(g)
by inserting next after section one hundred and forty-seven the following new subheading and sect ion:—
Amalgamation of Holdings.
147A. (1) On applicat ion by the owner
of two or more holdings the to ta l a rea of which does not in the opinion of the Commission sub stant ia l ly exceed a home maintenance a r e a the Commission may, if it thinks fit, recommend to the Governor t ha t such holdings be amalga mated into one holding and thereupon the Governor may declare such holdings, as from the first day of J u l y next following such declara tion, to be one holding for the purposes of this P a r t and may fix the number of wa te r r ights
which shall a t tach there to . (2) W h e r e any declarat ion has been made in accordance with subsection one of this section the Commission shall determine which of the exist ing works of wa te r supply a re
which holdings have been amalgamated as afore sufficient to serve adequate ly the holding into said and m a y at any t ime af ter the first day of J u l y next following such declarat ion cease to supply wa te r to such holding through any other work of water supply.
(3) All overdue r a t e s and charges
for water assessed in respect of any of the hold ings declared to be one holding shall on the da te on which the declarat ion re fe r red to in
subsection
subsection one of this section takes effect be overdue r a t e s and charges in respect of the holding into which such holdings have been amalgamated .
(4) F o r the purposes of th is sec
tion " h o m e maintenance a r e a " means an a r e a which, when used for the purpose for which the Commission considers it is reasonably fitted, would in the opinion of the Commission be suffi cient for the maintenance in average seasons and circumstances of an average family.
The W a t e r Act, 1912-1952, is fur ther amended by
inser t ing next af ter section one hundred and fifty-four
the following new sect ion:—
14.
154A. A t any t ime af ter the notification of the com- pletion of the works of a provis ional d is t r ic t or the proclamat ion of the consti tut ion of a dis t r ic t the Commission m a y for the purposes of such provis ional dis t r ic t or d is t r ic t construct or acquire any addi t ional works and thereupon such addi t ional works shall become works of the provis ional dis t r ic t or distr ict , as the case may be.
15. The W a t e r Act, 1912-1952, is fur ther amended—
(a)
by inserting in the definition of "Work" in sec tion one hundred and sixty-five af ter the word
" p i p e " the words " s e w e r , br idge , culvert , f e n c e ' ' ;
(b) (i) by omit t ing from subsection three of section
one hundred and seventy-two the words
" a n d shall be a t an equal r a t e pe r a c r e " ; (ii) by inserting at the end of subsection five of the same section the following w o r d s : —
" F o r the purposes of Division 1 of P a r t
X X I I I of the Conveyancing Act, 1919-1954,
the expression ' r a t e or t a x ' in p a r a g r a p h
(b)
(b) of section one hundred and eighty-seven of the said Act shall be deemed to include every contr ibut ion re fer red to in this sub sec t ion ."
(c)
by inserting next after section one hundred and seventy-five the following new section:—
175A. Notwi ths tanding any th ing in this P a r t
contained different amounts of contr ibut ions and different amounts of ra tes m a y be fixed for different holdings and for different p a r t s of holdings in the same dis t r ic t or provis ional dis t r ic t and in fixing such different amounts r e g a r d m a y be had t o—
(a)
the degree of benefit conferred upon the lands by the works of the dis t r ic t
or provis ional d i s t r ic t ; (b)
the value of the protection afforded to the lands by the works of the distr ict or provis ional dis t r ic t hav ing r ega rd to the purpose for which the lands are
used ; and (c)
the quantity of water normally used for the classes of crops or p lant ings on the lands.
P A R T
P A R T V.
AMENDMENT OF THE RIVERS AND FORESHORES IMPROVEMENT
ACT, 1 9 4 8 .
16. The Rivers and Foresho res Improvement Act ,
1 9 4 8 , is amended by omit t ing from section seven the word
" C o m m i s s i o n " wherever occurr ing and by inser t ing in
lieu thereof the words " C o n s t r u c t i n g A u t h o r i t y " . 17. The Rivers and Foresho res Improvement Act,
1 9 4 8 , is fur ther amended by inser t ing next af ter section twenty- three the following new sect ion:— 23A. ( 1 ) No owner or occupier of land or other
person whomsoever shall, except with the permis
sion of the Cons t ruc t ing Author i ty—
(a)
make or cause or allow to be made any excavation on, in or unde r the bank of a r ive r or on, in or under any land s i tuate within a dis tance of two chains measured horizontal ly f rom the top of the bank of a
r ive r ; or (b)
remove or cause or allow to be removed any soil f rom the bank of a r iver or from any land si tuate wi thin a distance of two chains measured horizontal ly from the top of the bank of a r iver .
(2) (a) Appl icat ion for a pe rmi t under this
Au tho r i t y and shall specify the land in respect of section shall be made in wr i t ing to the Const ruct ing which the pe rmi t is desi red and supply full par t icu
la r s of the work proposed to be under taken .
(b) The Cons t ruc t ing Au tho r i t y may,
af ter such invest igat ion as the Cons t ruc t ing Auth or i ty may deem necessary, refuse any pe rmi t appl ied for under this section or m a y g r a n t the same subject to such l imitat ions and conditions ( including a condi tion l imit ing the t ime the pe rmi t shall r emain in force) as the Cons t ruc t ing Au thor i ty may think fit.
(c)
(c) The Cons t ruc t ing Au thor i ty m a y a t
any t ime revoke or v a r y any pe rmi t issued under
the provis ions of this section.
(3) A n y owner or occupier of land or o ther person whomsoever who, in respect of any land—
(a) makes or causes or allows to be made any excavation or removes or causes or allows to be removed any soil con t ra ry to the p ro visions of this section; or (b) fails to comply with any of the limitations or conditions for the t ime being a t tached to any pe rmi t g ran ted under the provis ions of this section,
shall be gui l ty of an offence and shall be liable, for the first offence, to a pena l ty not exceeding fifty pounds and for a subsequent offence to a penal ty not exceeding one hundred pounds.
(4) W h e r e — (a) any excavation has been or is being made or any soil has been or is being removed con t r a r y to the provis ions of this section af ter the commencement of the I r r iga t ion , W a t e r and Rivers and Foresho res Improvement (Amendment ) Act, 1955; or (b) the Const ruct ing Au thor i ty is of the opinion tha t any excavation on, in or unde r any
land or the removal of soil from any land,
a l though not con t ra ry to the provis ions of
this section and whether made or effected before or af ter the commencement of the
I r r iga t ion , W a t e r and Rivers and F o r e
shores Improvement (Amendment ) Act , 1955—
(i) is damaging or det r imenta l ly affect ing or is likely to damage or det r i mental ly affect the bank of a r i ve r ; or
(ii) is likely to cause, whether directly or indirectly, a r iver to change its course,
the
the Cons t ruc t ing Au thor i ty may by notice in wr i t ing direct the owner or occupier of the land on which such excavation has been or is being made or f rom which soil has been or is being removed to take such measures and in such manner and within such t ime as m a y be specified in such notice as the Construct ing Au thor i ty deems necessary to ensure t h a t the bank of the r iver will no t be damaged or de t r imen ta l ly affected or t h a t the r iver will no t be caused, whether direct ly or indirectly, to change i ts course, as the case m a y be, by reason of such excavation or removal of soil.
(5) If any owner or occupier fails to comply with the t e rms of any notice given to him p u r s u a n t to subsection four of this section, the Const ruct ing Au tho r i t y m a y author ise any person to enter upon the land in respect of which such notice has been given and there to ca r ry out the measures specified in such notice and m a y recover the cost incur red in so doing from such owner or occupier in any court of competent jur isdic t ion as a debt due and owing by him to the Cons t ruc t ing Au thor i ty and unt i l re payment such cost shall be a charge on the land.
(6) The provis ions of subsections one, two, three , four and five of this section shall not apply to or in respect of the exercise of any r igh ts lawfully exercisable—
(a)
under any license, permit or authority for a jo int wa te r supply scheme issued under any of the provis ions of the W a t e r Act,
1912, as amended by subsequent A c t s ; (b)
under any lease, license, permit or other r igh t issued under the provis ions of the Acts re la t ing to mining or unde r the p ro visions of the Crown Lands Consolidation Act, 1913, as amended by subsequent Acts , or of any other Ac t ; or
(c) by any s t a tu to ry body or by any council.
(7) W h e r e the Cons t ruc t ing Au tho r i t y is of
the opinion tha t the making of any excavat ion on, in or under the bank of a r iver , or on, in or under
any
any land, or the removal of soil f rom the bank of a r iver , or from any land, in the exercise of any of the r igh t s re fer red to in subsection six of this section whether before or af ter the commencement of the I r r iga t ion , W a t e r and Rivers and Fo re sho re s Im provement (Amendment) Act, 1955—
(a) is damaging or detrimentally affecting or is likely to damage or detr imental ly affect the bank of a r i ve r ; or (b) is likely to cause, whether directly or in directly, a r iver to change i ts course, the Construct ing Author i ty may by notice in wr i t ing direct the person, s t a tu to ry body or council by whom or on whose behalf any such excavation has been or is being made or any such soil has been or is being removed to take such measures and in such manner and within such t ime as may be speci fied in such notice as the Const ruct ing Au thor i ty deems necessary to ensure t ha t the bank of the r iver will not be damaged or det r imenta l ly affected or tha t the r iver will not be caused, whether direct ly or indirect ly, to change its course, as the case may be, by reason of such excavation or removal of soil and such person, s t a tu to ry body or council shall comply wi th the t e rms of such notice accordingly.
(8) If any person or council fails to comply with the t e rms of any notice given p u r s u a n t to sub section seven of this section the Const ruct ing Autho r i t y may author ise any person to enter upon the land
in respect of which such notice has been given and there to ca r ry out the measures specified in such notice and may recover the cost incurred in so doing from such firstmentioned person or from such coun cil, as the case may be, in any court of competent jur isdict ion as a debt due and owing by him or by
it to the Construct ing Author i ty . (9) F o r the purposes of this section the Con s t ruct ing Author i ty , or any person author ised by it, m a y enter upon and inspect any land.
( 1 0 )
( 1 0 ) I n this section—
" C o n s t r u c t i n g A u t h o r i t y " means the Minis ter for Public Works or the Commission, re spectively, according as to whether the wa te r s of the r iver immediately adjacent to the land on which an excavation has been or is being made or f rom which soil has been or is being removed a re t idal wa te r s or a re not t idal wate rs , as the case may be.
" S o i l " means the surface of any land and all
m a t t e r or ma te r i a l whatsoever lying be
nea th t h a t surface.
P A R T VI .
AMENDMENT OF THE WESTERN LANDS ACT OF 1 9 0 1 .
The W e s t e r n Lands Act of 1 9 0 1 , as amended by subsequent Acts , is amended—
18.
(a) by omitting from subsection five of section
thir ty-one the word " s h a l l o w " wherever occur r i n g ;
(b) by omitting from the same subsection the words
" o n e h u n d r e d " and by inser t ing in lieu thereof
the words " t w o h u n d r e d " .
P A R T V I I .
AMENDMENT OF THE MURRUMBIDGEE IRRIGATION AREAS OCCUPIERS RELIEF ACT, 1 9 3 4 .
19. The Murrumbidgee I r r i ga t i on A r e a s Occupiers Relief Act, 1 9 3 4 , as amended by subsequent Acts , is amended by omit t ing sections twelve and fourteen.
P A R T
P A R T V I I I . MISCELLANEOUS.
20. (1) Except as here inaf ter provided th is section shall app ly t o—
(a) any lease from the Crown—
(i) within an i r r iga t ion a r ea const i tuted under
the I r r i ga t i on Act, 1912, as amended by subsequent A c t s ;
(ii) subsis t ing a t the first day of J a n u a r y , one thousand nine hundred and forty-
e ight ;(iii) made under or by operation of the Crown Lands Consolidation Act, 1913, as amended by subsequent Acts , before the first day of J a n u a r y , one thousand nine
hundred and th i r ty - th ree ; and (iv) being in respect of land notified in the Gazette as available for disposal for the purpose of residence, or described in the Gazette as suitable for res ident ia l pur poses, or compris ing an i r r iga t ion f a rm lease of an a r e a not exceeding five a c r e s ;
(b) any lease from the Water Conservation and
I r r i ga t i on Commission—
(i) within the i r r iga t ion a r ea const i tuted
unde r the provis ions of the Wen twor th I r r i ga t ion Ac t ;
(ii) subsis t ing at the first day of J a n u a r y , one thousand nine hundred and forty-
e ight ;(iii) made under or by operation of the Went
wor th I r r i ga t ion Ac t ; (iv) being in respect of land which in the opinion of the W a t e r Conservat ion and I r r iga t ion Commission is mainly suitable
for res ident ia l pu rpose s ; and (v)
(v) being in respect of land which, has th roughout the whole of the per iod from the thirty-first day of December, one thousand nine hundred and thir ty- two, to the first day of J a n u a r y , one thousand nine hundred and forty-eight—
(a) been leased land under the Went-
wor th I r r i ga t i on Act by w a y of lease subsis t ing a t the said th i r ty- first day of December and of any new lease g ran ted from t ime to
t ime dur ing such per iod ; and
(b) been held by—
(i) the lessee under the lease
subsis t ing a t the said th i r ty- first day of December ; or
(ii) that lessee and any lessee who became lessee by t r ans fer or ass ignment from or devolution under the will or in tes tacy of any immedi
ately p r io r lessee.
(2) This section shall not app ly to any lease re fe r red to in p a r a g r a p h
(a) of subsection one of
th is
section— (a) being in respect of land notified in the Gazette as available for disposal for the purpose of residence and in respect of which the W a t e r Con servat ion and I r r iga t ion Commission has, before the commencement of this section, p u r s u a n t to the provis ions of subsection ten of section 142D of the Crown Lands Consolidation Act, 1913, as amended by subsequent Acts , consented to the land comprised in such lease being used for any of the purposes specified in the said sub
section t e n ; or
(b)
(b)
in respect of which the annual rental has before 1 the commencement of this section been deter mined consequent upon the addit ion of land there to .
(3) Subject to this section the annual r en ta l of any lease to which this section applies shall as on and from the first day of J a n u a r y , one thousand nine hundred and forty-eight, be the annual ren ta l of such lease as a t the thir ty-f irs t day of December, one thousand nine hundred and thir ty- two, reduced by twenty-two and one- half pe r cen tum:
P rov ided tha t where in pursuance of the provis ions of section one hundred and for ty- three of the Crown Lands Consolidation Act, 1913, as amended by subsequent Acts , the annual ren ta l for the second or any succeeding per iod of any lease re fer red to in p a r a g r a p h (a) of subsection one of this section has been determined as in the said section one hundred and for ty- three provided—
(a) before the first day of January, one thousand nine hundred and forty-eight, the annual r en ta l for such lease shall, subject to this section, as f rom the first day of J a n u a r y , one thousand nine hundred and forty-eight, and for the unex p i red por t ion of the cur ren t per iod of such lease be the annual ren ta l as so determined reduced by twenty-two and one-half pe r cen tum; (b) after the first day of January, one thousand nine hundred and forty-eight, the annual r en ta l
from the commencement of such second or for such lease shall, subject to th is section, as succeeding per iod and for such per iod be the annual ren ta l as so de termined reduced by
twenty-two and one-half pe r centum.
(4) W h e r e by reason of any reduction made in pursuance of any enactment other than this section the annual ren ta l under any lease to which this section appl ies has been decreased, the reduction prescr ibed by subsection three of this section shall not be in addi t ion
to
to the amount of such decrease, bu t such decrease shall be taken into account in de te rmining the annual renta l to be paid consequent upon the reduct ion so prescribed.
(5) W h e r e af ter the commencement of this
section—
(a) the W a t e r Conservat ion and I r r iga t ion Commis sion has , p u r s u a n t to the provis ions of subsec t ion ten of section 142D of the Crown L a n d s Consolidation Act, 1913, as amended by sub sequent Acts , consented to any land comprised in a lease re fe r red to in p a r a g r a p h (a) of sub section one of th is section and notified in the Gazette as available for disposal for the purpose of residence being used for any of the purposes specified in the said subsection t e n ; or
(b)
the annual rental of any lease referred to in p a r a g r a p h (a) of subsection one of this section has been determined consequent upon the
addit ion of land t he r e to ; or
(c) the W a t e r Conservat ion and I r r i ga t ion Com mission decides t ha t the land comprised in any lease to which this section applies is used mainly or substant ia l ly for any business purpose ,
the provis ions of this section shall cease to apply to the lease re fe r red to in p a r a g r a p h ( a ) , (b) or (c) of th is subsection as from the da te of such consent, de termina t ion or decision, as the case m a y require .
(6) This section shall be deemed to have com
menced upon the first day of J a n u a r y , one thousand nine hundred and forty-eight.
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