Land and Water Resources Development Act of 1943 (7 Geo Vi No. 38) (Qld)

LAND. IOND UNIVERSITY LIBRARY 101 7 GEO. VI. No. 38, 1943. Land and Water Re8ource8 Development Act. LAND. An Act to Plan, Co-ordinate, and Provide for the 7 N GE o O . . 38 V . I. Development and Use of the Land and A T N H D E WLAATNEDR Water Resources of the State of Queensland R D E E S M V O E E U N L R T O C P E ' S in a Manner best Calculated to Increase the A 1 C 9 T 43 O • F .Population, Settlement, and Development of the State generally, and to Secure its Civil Defence and Economic Wellbeing, and for purposes incidental thereto. [ASSENTED TO 25TH NOVEMBER, 1943.] 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. p~ ~Ii~Y 1. This Act may be cited as " The Land and Water Short title. Resources Development Act of 1943." 2. This Act shall be read and construed with *" The Construe· Land Acts, 1910 to 1943," t" The Water Acts, 1926 to tion. 1942," and t" The Irrigation Acts, 1922 to 1934," and the provisions of those Acts shall, save in so far as they are inconsistent with the express provisions of this Act, continue to have such operation and effect as such provisions would have had if this Act had not been passed. 3. In this Act, unless the context otherwise indicates Meanings of or requires, the following terms shall have the meanings terms. respectively assigned to them, that is to say:- " Board "-The Land Administration Board as Board. constituted under *" The Land Acts, 1910 to 1943 " ; " Bureau "-The Bureau of Investigation con- Bureau. stituted under this Act; " Commissioner of Irrigation and Water Supply " ~ommis. -The Commissioner of Irrigation and Water ~ ~~: tf! n Supply as defined in t" The Irrigation Acts, and Water 1922 to 1934" ; Supply. * 1 G. 5 No. 15 and amending Acts. See v. 5, pp. 15 et Beg. t 17 G. 5 No. 12 and amending Acts. See v. 9, pp. 919 et Beg. t 13 G. 5 No. 29 and amending Acts. See v. 9, pp. 874 et Beg.

102 LAND. PART 1.- PRELIMINARY. La;nd and Water Resowrces Devl3Iloprl'b,ent Aot. 7 GEO. VI. No. 38, Holding. Land. Lessee. Local body. Minister. Parts of Act. "Holding "-Includes (but without limiting the meaning assigned to it by *" The Land Acts, 1910 to 1943 ") any land other than freehold land held from the Crown under any tenure or subject to any trust under any Act relating to the alienation of Crown land; " Land "-Includes (but without limitip.g its ordinary meaning or the meaning assigned to it by t" The Public Works Land Resumption Acts, 1906 to 1940 ") any land the fee-simple of which is subject to any trust or which is held from the Crown upon any tenure or subject to any trust under any Act relating to the alienation of Crown lands: The term also includes any estate or interest in land (legal or equitable) and any easement, right, power, or privilege over, in, or in connection with land; " Lessee "-Includes (but without limiting the meaning assigned to it by *" The Land Acts, 1910 to 1943 ") the person entitled under the Crown to the tenure of any land other than freehold land ; "Local body "-Any Local Authority and any local body within the meaning of t" The Local Bodies' Loans Guarantee Acts, 1923 to 1936" ; " Minister "-The Secretary for Public Lands or other Minister of the Crown for the time being administering this Act. 4. This Act is divided into Parts, as follows : - PART I.-PRELIMINARY; PART H.-INVESTIGATION OF THE NATURAL LAND AND WATER RESOURCES OF THE STATE; PART IIl.-PLANNED DEVELOPMENT OF THE NATURAL LAND RESOURCES OF THE STATE; PART IV.-PLANNED DEVELOPMENT OF THE NATURAL WATER RESOURCES OF THE STATE j PART V.-FINANCE; PART VI.-GENERAL. * 1 G. 5 No. 15 and amending Acts. See v. 5, pp. 15 et seq. t 6 E. 7 No. 14 and amending Acts. See v. 9, pp. 1046 et seq. t 14 G. 5. No. 8 and amending Acts. See v. 5, pp. 1073 et seq.

LAND. 103 1943. Land and WatM' Resources Development Act. PART n.-INVESTIGATION OF THE NATURAL LAND AND WATER RESOURCES OF THE STATE. PABT II.- INVESTIGA- TION OF THE NATURAL LAND AND WATER RESOUROES, OF THE STATE.. 5. It shall be the duty of the Land Administration Description Board, as the Commissioner of Irrigation and Water ~ s: : r~ e: s. Supply, to prepare a complete description of the natural water resources of the State, both surface and under- ground, with all due expedition, and for this purpose the Board shall undertake. and carry on a survey of all such natural resources. 6. (1.) The Land Administration Board shall, as Water the Commissioner of Irrigation and Water Supply, make ~ ~ ~ ~ , : ~ ; ~ ~ f and keep a record of all of the natural water resources recorded. of the State, both surface and underground. Such record shall be so made and kept that every water resource recorded therein is completely described in conformity with the applicable object or objects set out in section seven of this Act. (2.) The Land Administration Board shall, as the Commissioner of Irrigation and Water Supply, complete the making of such record as soon as may be after the passing of this Act, and for that purpose shall do and execute or cause to be done and executed, with all due despatch, all such acts, matters, and things as are authorised by this Part of this Act. 7. The objects of the record referred to in section Objects of six of this Act shall be- r la ec n o d rd a i n n d g (i.) To ascertain, define, and record the permanent water f surface waters of the State ; ~ ~ ~ os~ : . o (ii.) To ascertain, define, and record the surface waters of the State of a periodic or inter- mittent nature; (iii.) To ascertain and record all available informa- tion relating to the artesian waters of the State; (iv.) To ascertain and record all available informa- tion relating to the subterranean waters of the State which are not classified as artesian; (v.) To enable the formation, co-ordination, and implementation of plans for the conservation, replenishment, utilisation, and distributio~ of the waters of the State, both surface and subterranean, to the best advantage in the public interest;

104 LAND. PART I1.- Am. TIINOVNESOTFIGTAH-E Larnd arnd Water Resources Deve1lopment 7 GEO. VI. No. 38, NATURAL LAND AND WATER RESOURCES OF THE (vi.) To assist in securing a more effective utilisation STATE. of the land resources of the State; (vii.) To explore the possibilities of the conservation, replenishment, utilisation, and distribution of the waters of the State and the more intensive use of the lands of the State as factors in large-scale employment-finding. Power to investigate and/O! survey water resources. 8. For the purposes of making and/or completing the record referred to in section six of this Act, the Land Administration Board may, as the Commissioner of Irrigation and Water Supply, investigate and/or survey the whole or any part of any natural water resource, surface or underground, in the State or cause any such investigation and/or survey to be made. In making any such investigation and/or survey, regard shall be had to all of the applicable objects hereinbefore set out in section seven of this Act. Bureau of Investiga- tion. . 9. (1.) The Governor in Council may, by a notice published in the Gazette, I'onstitute in the Department of Public Lands a Bureau of Investigation which shall, subject to the Land Administration Board as such and as the Commissioner of Irrigation and Water Supply, make all such investigations and/or surveys as are authorised under this Part of this Act to be made by such Bureau. (2.) The Bureau shall consist of not more than five members appointed by the Governor in Council by notification published in the Gazette. (3.) One of the members shall be so appointed as chairman, and another of the members shall be so appointed as deputy chairman, by the Governor III Council. (4.) In the event of a vacancy in the office of a member (however occurring), the Governor in Council may appoint another person to fill the vacancy. (5.) Each member of the Bureau, including any member appointed to fill a vacancy, shall hold office at the pleasure of the Governor in Council. (6.) If any officer of the Public Service is appointed as a member of the Bureau, such officer so appointed may, if the Governor in Council so permits, hold his

LAND. 105 PAltT II.- 1943. Land and Water Resou.rces Developm,ent Act. INVESTIGA- TION OF THE NATURAL LAND AND" WATEli.. office as such member in conjunction with any office REOSFOUTHRECES for the time being held by him under *" The Public STATE•. • Service Acts, 1922 to 1924." (7.) The members of the Bureau shall be paid such salaries and/or allowances as the Governor in Council shall fix. 10. (1.) The Minister may from time to time, by Adviso:ry not I·Ce publ I ' S hed ' III the G azette, appOI . llt such and so CommIttees. many Advisory Committees as he shall think necessary for the purposes of this Part. In this Part of this Act the term "Advisory Committee" means an Advisory Committee appointed under this section. (2.) An Advisory Committee shall consist of such and so many persons as the Minister shall from time to time appoint to be members thereof by notification in the Gazette. All or any such members may be appointed in the notice appointing the Advisory Committee or in a later notice or notices. A member appointed by the Minister in that behalf shall be the chairman of the Advisory Committee and another member so appointed shall be the deputy chairman thereof. (3.) The Minister may appoint the same person to be a member of two or more Advisory Committees. (4.) In the event of a vacancy in the office of a member (however occurring) the Minister may appoint another person to fill the vacancy. (5.) Each member of an Advisory Committee, including any member appointed to fill a vacancy shall hold office at the pleasure of the Minister. 11. An Advisory Committee shall advise the Functions Minister, the Board, and the Bureau concerning all ~ dar; such matters and things as in its opinion affect or mayco~ ~ ~ ree~ affect the carrying-out of the objects of this Part of this Act, and in particular concerning matters and things which in its opinion should be done or executed for the purpose of enabling all or any such objects to * 13 G. 5 No. 31 and amending Acts. See v. 7, pp. 1139 et Beq.

1.06 LAND. PABTII.- INvESTIGA- TION Ol!' THIIl NATURAL LAND AND WATER RESOURCES Ol!'THE STATE. Lotnd omd Water RJeSO" U8' ~ 8 Dev-e'lopm;,en.t Act. 7 GEO. VI. No. 38, be carried out in accordance with a planned and co-ordinated scheme due regard being had to the. importance and order of priority of each such matter or thing in its relation or intended relation, to such objects considered as a whole. Provided that the Minister may limit the functions of an Advisory Committee to such one or more of the objects of this Part of this Act as he shall designate. Proceedings 12. (1.) Not less than one-half of all of the members o A f d a v n isory of an Advisory Committee for the time being, one of Committee. whom shall be the chairman or the deputy chairman, shall form a quorum. (2.) At any meeting of an Advisory Committee the chairman, if present, shall preside, and in his absence the deputy chairman shall so preside. (3.) The chairman or deputy chairman presiding at any meeting shall in the event of an equal division of votes at the meeting have a second or casting vote. (4.) Subject to this Act, an Advisory Committee may regulate its own proceedings. Acting 13. In the event of the illness or absence of any mothreeomBfbauenrresaouf mGoevmebrenrorofitnheCBouunrecialu oorr, oifnanthAedvciassoeryoCf oamnmAittdevei, sothrey C A o d m vi m so it r t y ee. tChoinmkms ifttiet et, othaectMaisniastmeresmhbalelr aopfptohinetBsuucrehapueorsroonfassuhche Advisory Committee while such member is so absent or ill, and such person shall while he so acts as a member of the Bureau or of such Advisory Committee have the like powers and authorities as the member in whose place he acts : Provided that, in any case where the same person holds office as a member of the Bureau and of one or more Advisory Committees, one person may be appointed to act in all such offices or different persons may be appointed to act in anyone or more of such offices: Provided further, that in the case of the chairman, another member of the Bureau, or as the case requires, of the Advisory Committee may be so appointed to act as chairman and a person may be so appointed to act in the place of such other member while he is acting as chairman.

LAND. 107 - - - - - - - - - - - - - - - - - - PART II.- 1943. Land: and TVater ReS07trCes Development Act. INVESTIGA- TION OF THE NATURAL LAND AND- WATER 14. (1.) The Bureau may, upon the recommendation RESOURCES; of the Board and with the prior approval of the Minister, ~ ~ 1~ ~ delegate to the chairman or to any member of the Bureau Delegation. or to any other person any of its powers and functions (except this power of delegation) in relation to any matter or class of matters so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation. (2.) Any such delegation shall, subject to the prior approval of the Minister, be revocable by the Bureau at will, and no such delegation shall prevent the exercise of any power or function by the Bureau. 15. (1.) The Governor in Council may appoint a Secretary secretary to the Bureau and such other officers thereof as ~~~ h~fficer8' he shall from time to time deem necessary. Bureau The Governor in Council may, if he thinks fit, make any such appointment under *" The Public Service Acts, 1922 to 1924," but if any person holding office under such last-mentioned Acts is so appointed other- wise than thereunder his appointment shall not prejudice his existing or accrued rights and privileges under *" The Public Service Acts, 1922 to 1924." (2.) Subject to the approval of the Minister the Bureau may retain or obtain the advice or services of such technical advisers and experts as it shall from time to time consider necessary. (3.) Subject to the approval of the Minister, the Bureau may employ such employees as it shall deem necessary for the carrying-out of its functions under this Part of this Act. (4.) The secretary and all other officers and employees of the Bureau shall be paid such salaries or other remuneration as are payable under any award binding in respect of their employment or, if there is no such award, as are fixed by the Governor in Council. 16. (1.) For the purpose of making any investiga- When tion and/or survey under this Part of this Act, the ! u~ : ~ ~ Bureau or any member or members of the Bureau shall power~ o! have and may exercise all of the powers, authorities, ~ = : ~ ~ on protection, and jurisdiction of a Commission under Act 1 Geo. t" The Official Inquiries Evidence Acts, 19lO to 1929," v. No. 26... * 13 G. 5 No. 31 and amending Acts. See v. 7, pp. 1139 et seq. t 1 G. 5 No. 26 and amending Acts. See v. 3, pp. 439 et seq.

108 LAND. 1.>ABT II.- '· 1 T : I N O V N E O ST P IG TH A E - Larnd and Water Resowrces Dev'elopmel1.t Act. 7 GEO. VI. No. 38, NATURA.L LAND AND WATER :.:RE O S P O T U H R E CES and may enter and inspect any land, premises, or place .sTATE. the entry and inspection whereof appears requisite for the purposes of such investigation and/or survey. (2.) In addition to its powers and authorities under subsection one of this section the Bureau shall, in respect of any investigation and/or survey under this Part of this Act, have and may exercise the powers of a constructing authority under section thirty-one of *" The Public Works Land Resumption Acts, 1906 to 1940," and all of the provisions of the said section shall have opera- tion and effect accordingly. (3.) The Minister may direct the Board to have any investigation and/or survey made for the purposes of this Part of this Act and, upon being so directed, the Board shall cause the Bureau or a member or members thereof to make such investigation and/or survey. The Bureau or the member or members thereof making such investigation and/or survey shall as soon as possible furnish a full report to the Board for submission to the Minister. Bureau 17. (1.) Subject to the prior approval of the ~ v: : ~ ~ - Minister, the Bureau shall- ,tions and/or .surveys. (i.) Make all such investigations and/or surveys as are required by the Board for the purposes of this Part of this Act; and (ii.) Make any investigation and/or survey requested by any department of the Public Service, Crown instrumentality, or instrumen- tality representing the Crown. (2.) The Board may, with the prior approval of the Minister, arrange with any department of the Public Service, Crown instrumentality, or instrumentality representing the Crown to make on its behalf any investigation and/or survey required by the Board for the purposes of this Part of this Act. B~ auto 18. (1.) The Bureau shall, subject to the Land cinovnetsmtiugoautesly Adm1. m.St ratI'On Board, carry out a cont1' nUOUS land ~ dev . elop_ investigation of the development of the lands in each wdiistthritcht easfodlleofwininegd ionbj t e " cts T , h n e a L m a e n ly d : A - cts " 1910 to 1943" (i.) Classifying the lands in each such district; and * 6 E. 7 No_ 14 and amending Acts. See v. 9, pp. 1046 et 8eq_ t 1 G. 5 No. 15 and amending Acts. See v. 5, pp. 15 e! 8eq.

LAND. 109 1943. Land and Water Resources Development Act. (ii.) Continuously recording the economic develop- ment of each such district; and PART 11.- INVESTIGA- 4 TION OF TRE NATURAL LAND AND WATEII RESOUIICES OF THE STATE. (iii.) Continuously recording the physical land and water developments of each such district. (2.) The Land Commissioner appointed for a Land Agent's district shall, for the purposes of the investigation in pursuance of this section in respect of such district, be ex officio a member of the Bureau. 19. (1.) Every department of the Public Service, Co-operation every Crown corporation or instrumentality, or ~ i ~ther corporation or instrumentality representing the Crown, D~: l't­ and every local body shall, subject to approval by the ments. &c. Minister and agreement in that behalf between the Minister as defined in this Act and the other Minister of the Crown, if any, for the time being administering such other department, corporation, instrumentality, or local body, co-operate with the Board and the Bureau in the carrying-out of this Part of this Act. (2.) Without limit to the generality of the preceding provisions of this section, the Board and the Bureau shall, subject to ministerial approval and agreement as hereinbefore mentioned in this section, have power and authority to consult with and use the services in his official capacity of any officer of any department, Crown corporation or instrumentality, or- corporation or instrumentality representing the Crown, or local body for the purposes of any act, matter, or thing arising out of or in connection with the purposes of this Part of this Act. (3.) Subject to ministerial approval and agreement as hereinbefore mentioned in this section, every officer of any department of the Public Service, Crown corporation, or instrumentality, or corporation or instrumentality representing the Crown or local body shall make himself available for consultation or service as required by the Board or the Bureau for the purposes of any act, matter, or thing arising out of or in connection with the purposes of this Part of this Act, including the furnishing by such officer of statistical, technical, financial, or other information in the possession of or available to or obtainable by such officer in his official capacity and which in the opinion of the Board or the Bureau is or may be materia) to or in respect of any such purpose.

110 LAND. PA.RTII.- TIINOVNEOSTFITGHAE- Land and Watm' Resources Deve'[opmen·t Aot. 7 GEO. VI. No. 38, NATURAL LAND AND WATER RESOURCES OF THE 20. The Board shall, on or before the thirtieth STATE. day of June in each year, submit to the Minister an annual Annual report upon the administration by the Board of this rBeopaorrdt t b o y Part of this Act and the operations hereunder by the Minister. Bureau during the calendar year ended on the next preceding thirty-first day of December. Such report shall include- (i.) Particulars of the results accruing from the operations of the Bureau during the calendar year in question; and (ii.) Details of investigations and/or surveys made under this Part during the year in question, together with such recommendations and plans as the Board shall think fit respecting the accelerated or increased economic and physical development, or the capacity to provide increased employment, of the lands and/or waters of the State or of any district as may be deemed appropriate. PA.RT 111.- PLANNED DEVELOPMENT OF THE NATURAL LAND PART RESOURCES OF THE STATE. IIl.-PLANNED DEVELOPMENT OF THE LAND RESOURCES OF THE STATE. NATURAL Recommen- 21. (1.) The Land Administration Board shall from dBreaostapiorednctsinbgy triemcoemtmoentdimateionpsrepraersepeacntidngtranthsemit phtoysitchael Mainndis/toerr lmdaenevndetl. op- Sectoanteomoircredsepveecltoipnmg etnhte oafccaellleorar tiaonny ooffotrheanlainndcsreoasfethine the physical and/or economic development of all or any of the lands of the State. (2.) All such recommendations of the Board shall have due -regard to the advice of and investigations and/or surveys made by the Bureau of Investigation. (3.) Subject to the making of arrangements in that behalf by the Minister with the other Minister of the Crown for the time being administering the Bureau of Industry, such Bureau may conduct such economic research respecting production as the Minister requires in relation to any investigation under or for the purposes of this Part of this Act.

LAND. 111 1943. Land and Water Resources Developm;ent Act. PART IlI.- PLANNED DEVELOPMENT Oli'THE NATURAL 22. (1.) The Land Administration Board may, RE~ ~CES with the approval of the Minister, notify the owner of ~~: ~ any freehold land or the lessee of any holding that it Powers of is not satisfied that such freehold land or holding has ~ ~ nd. . t been or is being developed and brought to production tio: ~ ~ - in a manner conducive to the best public interest. uinndr e e v sp e e o lc p t e °df (2.) The Board may, in a notice served by it pur_land. suant to subsection one of this section on an owner of . freehold land or a lessee of a holding, or in a further notice, require such owner or lessee to satisfy it that such owner or lessee has plans for the immediate develop- ment of the freehold land or holding in question and that such owner or lessee will be able financially and otherwise to develop and bring such freehold land or holding to production in a time and in a manner satis- factory to such Board. (3.) If the Board is not satisfied with the plans for the immediate development of any freehold land or holding submitted by the owner or lessee thereof under this section, or such owner or lessee being thereunto required by the Board fails to submit such plans within the time allowed by the Board, or if the Board is not satisfied that such owner will be financially and otherwise able to develop and bring such freehold land or holding to production within a time and in a manner satisfactory to the Board, the whole or any part of such freehold land or holding may be resumed by the Crown. 23. The Governor in Council may, whether or not ~esump­ the provisions of the immediately preceding section have g~ :: ! r in been availed of by the Board, resume the whole or any Council. part of any freehold land or holding for the purpose of more intensive development or production. 24. The provisions of *" The Public Works Land" The Public Resumption Acts, 1906 to 1940," and of any Act amend- -::s:::~~= ing· or in substitution for such Act, shall apply to Acts, 1906 and in respect of all resumptions authorised by this ~ P~ ~ i' ! 2i: ' Part of this Act, and the Crown shall have and may exercise its powers, a.uthorities, and jurisdiction under such. Act accordingly. Any land resumed pursuant to this Part of this Act shall be deemed to be Crown land as defined in t" The Land Acts, 1910 to 1943," and may be dealt with in any manner in which Crown land as so defined may be dealt with. '" 6 E. 7 No. 14 and amending Acts. See v. 9, pp. 1046 et seq. t I G. 5 No. 15 and amending Acts. See v. 5, pp. 15 et seq.

112 LAND. PARTlV.- DII~ NT Land arnd Water Resources Dev(JIlopment Act. 7 GEO. VI. No. 38, 01' THllI NATUBAL WATlIE RE 0 S 1 O ' U TH R l C lI ES PART IV.-PUNNED DEVELOPMENT OF THE NATURAL STATlI. WATER RESOURCES OF THE STATE. m pDre e ov n ge t rl a ao l mp-me Supp 2 ly 5. sh ( a 1 l . l ) aTshseooCnomasmmisasiyonbeer aoffteIrrrtighaetipoanssainngd oWf athteisr f r o es r o w ur a o t e e s r . Acoc-torpdrienpaatirvee anpdrosgurbammmit eto otfhewMoriknsistfeorr a c p o l n a s n er f v o i r ng a ~ replenishing, utilising, and distributing all of the natural waters of the State for all purposes excepting water supply or sewerage works for cities, towns, and townships. Moreover such Commissioner shall, from time to time, prepare and submit to the Minister recommenda- tions for the orderly carrying-out over a period or during any particular period of the whole or any of the works included in such programme. (2.) In preparing such programme and/or any such recommendation such Commissioner shall have due regard to the advice of and/or the investigations and surveys made by the Bureau. (3.) If the Minister approves of such plan or of any such recommendation, he shall submit same to the Governor in Council. The Governor in Council or the Minister may refer such plan or any such recommendation back to the Commissioner of Irrigation and Water Supply for further consideration with respect to any works or other matter 01' thing. If such plan or any such recommendation is so referred back to it, such Commissioner shall consider the subject-matter of the reference and may modify the plan or the recommendation so referred back to it in such particulars as it shall think necessary or desirable- in the circumstances. (4) The power of the Minister to give effect to the whole or any part of the plan or to any recommendation so submitted to and approved by the Governor in Council shall be subject to the making of all necessary appropriations by Parliament. Subject to the first paragraph of this subsection~ the Governor in Council may make such Orders in Council and/or regulations as he shall deem necessary to give full operation and effect to such plan or to any such recommendation, and any such Order in Council or regulation may be general or may relate to any particular works.

LAND. 113 PART IV.- 1943. Land and Water ResOtlrCes Developrrvent Act. PLANNED DEVELOPMENT OF THE NATURAL WATER (5.) Subject to the approval of the Minister, any REOSFOUTRHCEES works included in a programme of works approved by STATE. the Governor in Council under this section may be carried out by the Commissioner of Irrigation and Water Supply, or by the Co-ordinator-General of Public Works, or by the Commissioner of Main Roads, or by the Bureau of Industry, or by any other Crown instrumentality or instrumentality representing the Crown. 26. (1.) Notwithstanding anything contained in Power to any 0 ther Act, a wat er supply, l·rrl.gatI'On, wat er icroringsatrtiuocnt conservation, or water distribution undertaking, the under- total cost of which is estimated not to exceed one takings, &c. hundred and twenty-five thousand pounds, may be established under this Part of this Act. (2.) When it is proposed to establish any under- taking mentioned in subsection one of this section, the procedure prescribed in the Schedule to this Act shall be Schedule. followed by the Commissioner of Irrigation and Water Supply. PART V.-FINANCE. ) , ~ I: C; - 27. There shall be established in the Treasury a Fund. fund to be called" The State Land and Water Resources Investigation and Development Fund." 28 All moneys appropriated for the purpose and ~ayments all moneys other than rents of Crown lands received ~ ~ ~ J~ e under this Act shall be paid into such fund. 29. All expenditure under and for the purposes of Payments this Act shall be paid out of such fund. oFuutndo.f the PART VI.-GENERAL. PART VJ.- GENERAL. 30. (1.) The Minister, on the recommendation ofW? ~ n the Land Administration Board, shall have power, : : lSr~ ~ uire wherever any water supply, irrigation, water conserva-1and to be tion, or water distribution undertaking has been provided developed. in pursuance of this Act, to require any owner of freehold land or lessee of a Crown holding whose land can be .served by such undertaking to bring any suitable land on his holding into production by ringbarking, scrub- falling, clearing, stumping, grubbing, water reticulation, or water conservation works, or cultivation for the conservation of fodder, and construction of silos.

114 LAND. PABTVI.- GENERAL. Land amd Water' ReSOUJI'C8S Deve1lopment Act. 7 GEa. VI. No. 38, (2.) The Corporation of the Bureau of Rural Develop- ment shall, subject to Parliament appropriating moneys in that behalf, have power to lend money to landholders for ringbarking, scrubfalling, clearing, stumping, grubbing, water reticulation, water conservation works, or water distribution works, cultivation for the conser- vation of fodder, and construction of silos. (3.) Any loan made pursuant to the provisions of subsection two of this section shall be subject to such terms, provisions, conditions and stipulations in respect of the security therefor, period of the loan, the rate of interest thereon, the terms of repayment and all other matters relating thereto, including the powers of and methods for enforcement of repayment, as ·shall be prescribed by the Governor in Council by Order in Council published in the Gazette, either generally or in any particular case. Declaration 31. (I.) The Minister, with the approval of the omfednetvealroepa- . Governor in Council, may declare any part of the State to be a "development area" and may determine the boundaries of any such development area. In any such development area it shall not be lawful to subdivide, sell or lease any land, whether comprising freehold land or a holding, without the approval of the Minister. The Minister may, upon the recommendation of the Land Administration Board and with the approval of the Governor in Council, by regulations under this Act determine the minimum areas into which land may be subdivided in any development area, which minimum areas may differ in respect of lands of different classifications. , Such regulations may be made in respect of development areas generally or in respect of particular development areas and moreover may differ in respect of different such areas or different parts of any such area. The Ministe.r may direct the Land Administration Board to, and such Board when so directed shall, recommend the maximum price or rent for which such land, or any parcel of such land, exclusive of improve- ments, may be sold or leased. If the Minister is not satisfied that any such recom- mendation is equitable he may refer the matter to the Land Court for determination.

LAND. ---- ------- 1943. Land and Water Resources DevelOp'ment Act. 115 PART VI.- GENERAL. In making any such recommendation or determina- tion the Board or, as the case may be, the Land Court shall not have regard to any enhancement or prospective enhancement in the value of the land in question conse- quent on the expenditure or proposed expenditure of public moneys pursuant to this Act in or in respect of the development area in which such land is situated. (2.) Every proposal for the subdivision, sale or leasing of land in a development area shall be submitted to the Minister with such statements and returns as may be prescribed. 32. The Governor in Council shall have power to Regulations. make regulations to give full effect to this Part of this Act. SCHEDULE. SCHEDULE. [Section 26.] PROCEDURE FOR THE ESTABLISHMENT OF A WATER SUPPLY, IRRIGATION, WATER CONSERVATION, OR WATER DISTRIBUTION UNDERT.AlUNG. UNDER TillS ACT. 1. When it is proposed to establish a water supply, irrigation, Survey and water conservation, or water distribution undertaking under this report. Act, the Commissioner of Irrigation and Water Supply (herein in this Schedule referred to as" the Com,m,issioner") shall carry out a detailed survey of the project and shall submit a report to the Minister containing or accompanied by the particulars prescribed by subsection three of section seven of *" The Irrigation Acts, 1922 to 1934." 2. (a) The Commissioner shall, by notification in the Gazette Public and in some newspaper circulating in the district, give public notice notice of of the project, and in such public notice shall set forth a description proposed of the purpose for which it is proposed to carry out the scheme. Such ~n: ,er­ public notice shall also indicate the place or places where the details a mg. of the project may be seen. (b) The Comm,issioner shall prepare a statement setting forth- (i.) The class or classes of agricultural or other production which the scheme is designed to secure; (ii.) A description of the boundaries of the area which will be affected by the works, with a statement of the land tenures within such boundaries; (iii.) A plan and description of the works and of the land affected by the proposed scheme; * 13 G. 5 No. 29 and amending Acts. See v. 9, pp. 874 et seq.

116 LAND. SCHEDULE. Lamd amd Water Resources Developmml·t Act. 7 GEO. VI. No. 38, (iv.) The estimated cost of the works; (v.) Such other matters as according to the nature and circum- stances of each scheme are necessary or desirable, and shall have a copy of this statement available for public perusal at the head office of the Department of Public Lands and at the Land Agent's office of the district affected, and at any other place that may be considered necessary or desirable. Time for 3. The public notice shall specify a date not less than sixty days objections. after the date of pUblication for the lodgment of objections. Inquiry into 4. The Commissioner shall cause such inquiry as he thinks fit objection. to be made with respect to any objection, and shall report the result of the inquiry to the Minister. Approval .by 5. The Governor in Council may in his absolute discretion approve Gove~ or ill or disapprove of the proposed scheme. COunCIl. Existing works may be brought under Act. 6. Notwithstanding the provisions of clauses one to four, both inclusive, of this Schedule, if the Governor in Council is of opinion that any works are suitable and available for the establishment of a water supply, irrigation, water conservation or water distribution undertaking under this Act, the Governor in Council may, notwith- standing that the provisions of the said clauses one to four, both inclusive, have not been complied with in respect of such works, approve such works as a water supply, irrigation, water conservation or water distribution undertaking established under this Act. All of the relevant provisions of this Act, except clauses one to four of this Schedule, shall apply and extend with respect to any works approved under this clause as a water supply, irrigation, water conservation or water distribution undertaking under this Act. Construction 'I. After approval by the Governor in Council of any proposed of works, undertaking, and the constitution by the Governor in Council of a tu & ank c d . i , enrog- f. water supply, irrigation, water conservation, or water distribution area for the undertaking, and after financial provision for the project has been made, the Commissioner of Irrigation and Water Supply may, subject to the provisions of Part IV. of this Act, be authorISed to construct or to cause to be constructed all proper works connected therewith, and may give such orders and directions for the due carrying-out and execution of the works as he shall think fit, and the Commissioner under the Governor in Council shall have and may exercise all the powers of this Act, *" The Irrigation Acts, 1922 to 1934," and t" The Water Acts, 1926 to 1942," with respect to the carrying-out and execution of such works. Application 8. (a) Upon the approval of any such undertaking by the Governor of" The in Council, the Land Administration Board, being the Commissioner Water Acts, of Irrigation and Water Supply, shall, without any appointment 1926 to 1942." whatsoever, have and may exercise with respect to and for the purpose of such undertaking, all the powers, authorities, and jurisdiction of a Board within the meaning of "The Water Acts, 1926 to 1942" for the area, and such Acts shall, mutatis mutandis, be read and construed and apply and extend accordingly. * 13 G. 5 No. 29 and amending Acts. See v. 9, pp. 874 et seq. t 17 G. 5 No. 12 and amending Acts. See v. g, pp. 919 et seq.

1943. LAND. Land and Watcr ResOttrces Development Act. 117 SCHEDULE. (b) For the purpose of this clause the Land Administration Board, being the Commissioner of Irrigation and Water Supply, shall be and is hereby constituted a separate and distinct body corporate under the name and style of" The Irrigation and Water Supply Board," with perpetual succession and an official seal, and shall under its aforesaid corporate name be capable in law of suing and being sued and of acquiring, holding, and disposing of property. (c) All courts, judges, justices, and persons acting judicially shall take judicial notice of the seal of such Corporation affixed to any document or writing, and shall presume that it was duly affixed. (d) The Irrigation and Water Supply Board shall have and may exercise all the powers, authorities, and jurisdiction of the Crown as a constructing authority under and within the meaning of *" The Public Works Land Resumption Acts, 1906 to 1940," (including any Act amending or in substitution for such Act) and the provisions of such Act shall apply and extend accordingly. 9. All officers of the Department of Public Lands, the Survey Powers of Office, and of the Sub-Departments of Forestry and Irrigation and officers. Water Supply shall, for the purposes of this Act be and be deemed to be officers of the Irrigation and Water Supply Board. 10. The Irrigation and Water Supply Board shall have and exercise Powers of in each and every area all the powers, authorities, functions, duties, Irrigation jurisdiction, and protection conferred and imposed upon a Board and Water under t" The Water Acts, 1926 to 1942" by sections twenty-seven to ~ ~ ~ ~ 1 forty-six, both inclusive, and Part Ill. of the Schedule to such Acts, . including power to make and levy rates, and the said sections and Part shall, mutatis mutandis, apply and extend and be read and construed accordingly. 11. In the exercise of its power to make and levy rates, the Board Classifica- may classify all land ~ thin any area according to its opinion of the tion of lands best use which can be made of such land, and may, if it thinks fit, for rating levy a higher or lower rate on any parcel of land or part thereof within purposes. the area according to such classification, but so that the total amount of rates levied within its area shall be a sum sufficient to make the prescribed repayments to the Treasurer. 12. The right of appeal conferred on any person by subsection Appeal. seven of section twenty-eight of t" The Water Acts, 1926 to 1942," shall include a right of appeal to any person liable to pay rates who considers himself aggrieved by any classification as aforesaid of his land or any parcel thereof, or by the amount of any rate levied in consequence of any such classification. 13. (a) When any work included in an undertaking which has When cost of been approved by the Governor in Council under this Act shall have works been. com~ leted, the Gover~ or in Council may, by Order in Council ~ e:: ed to be publIshed m the Gazette, notIfy the total cost thereof. Such total cost . shall be deemed to be a loan to The Irrigation and Water Supply Board in respect of the area constituted for the work. (b) Thereupon the Irrigation and Water Supply Board shall take over the work and the control, administration, and management thereof. * 6 E. 7 No. 14 and amending Acts. See v. 9, pp. 1046 et Beq. '! 17 G. 5 No. 12 and amending Acts. See v. 9, pp. 919 et Beq

118 SCIIlIDULB. LAND-LAND TAX. Land TO/X Ac.ts A111Ae1~dment Act. 7 GEO. VI. No. 36, (c) The total cost as so notified by the Governor in Council shall exclude any such sums as may have been granted as a subsidy by the Governor in Council on the recommendation of the Co-ordinator- General of Public Works, which sums the Governor in Council is hereby empowered to grant. (d) Such Order in Council shall prescribe the period of the loan, which shall not exceed thirty years from the date of the Order in Council. It shall also prescribe the rate of interest to be paid and the times and manner (which may, if the Governor in Council thinks fit, include the provision of a sinking fund) in which repayment shall be made to the Treasurer by the Board. Repayment shall be such as will liquidate the loan with interest within the period fixed for the loan. Grant 14. For the purpose of any grant and/or loan by the Governor l0.:n ~ ~ t under in Council the Irrigation and Water Supply Board shall be a local 2 Geoc VI. body within the meaning of section thirteen of *" The Financial No. 22. Arrangements and Development Aid Act of 1942." LAND AND WATER RESOURCES DEVELOPMENT. See LAND. LAND TAX. 7 N G o E . O 3 . 6 V . I. An Act to Suspend the Imposition of Undeveloped THE LAND TAX ACTS AllENDHENT AOTOll' 1943. Land Tax during the present War and for a prescribed period thereafter. [ASSENTED TO 18TH NOVEMBER, 1943.] Prea.mble. lXTHEREAS it is desirable to suspend the levy and l'l' collection of Undeveloped Land Tax during the present War and for a period thereafter owing to the exigencies of war restricting the development of freehold land- Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :-. Short 1. This Act may be cited as "The Land Tax Acts !~! ~ t: ~ tion Amendment Act of 1943" and shall be read as one with .t" The Land Tax Acts, 1915 to 1936," hereinafter referred to as the Principal Act. * 6 G 6 No. 26. See 1942 Sess.v., p. 5. t 6 G. 5 No. 34 and amending Acts. See v. 5. pp. 457 et Beq.