Rights in Water and Water Conservation and Utilization Act Amendment Act of 1915 (6 Geo v No. 15) (Qld)

WATER. ----1-1- - - - - I 6 GEtJ>. V. No. 15, 1915. Rights in Water, &0., Amendment Act. UNIONS, TRADE. See LABOUR. UTILIZATION OF WATER. See WATER. 7129 WATER. An Act to Amend "The Rights in Water and Water 6 Geo. V. Conservation and Utilization Act of 1910" in THE No R . I 1 G 5 H . TS certain particulars. ::D ~ ~ ~~ ~ CONSERVA- [ASSENTED TO 13TH DECEMBER, 1915.] UTTIILOINZA A T N IO D N B E it enacted by the King's Most Excellent Majesty, AME~~ ~ ENT by and with the advice and consent of the Legis- ACT OF 1915. lative Council and Legislative Assembly of Queensland in Parliament assembled, and hy the authority of the same, as follows : - 1. This Act shall be read as one with" The Rights in Short title TFater and 1Vetter Conservation and Utilization Act ojand . 1910,"* herein referred to as the Principal Act, and may be~ ~ ~ ~ ~ ~ ctlOn cited together with that Act, and " The Rights in Water (J,ncl TVater Conservation and Utilization Acts, 1910 to 1915," or separately as "The Rights in Water and Water Oonsel'vation and Utilization Act Amendment Act of 1915." 2 Tn section four of the Principal Act, the words Amendment .'" the term does not include" are repealed, and the words of s. 4. "the term includes" are inserted in lieu thereof. 3. In section Dve of the Principal Act, the words Amendment "a.nd it shall also not apply to any subterranean source of oi s. 5. water supply from which the water does not flow naturally, but has to be raised by pumping or other artificial means' ~ are repealed. 4. In subsection (b) of section thirty-five of the AmondmeJ:lt Principal Act, after the word" Act" the following words of s. 35. are inserted ;-" Provided that licenses to sink sub- artesian wells will only be required within such districts :as are proclaimed for that purpose by Order ill Council." * 1 Geo. V. No. 25, supra, page 3578.

7130 WATER. Rights in Water, &c., Amendment Act. 6 GEO. V. No. 15, Amendment 5. In subsection two of section thirty-seven of the of B. 37. Principal Act, after the words "prescribed form" the words" and for the prescribed period" are inserted. The amendment hereby made shall be deemed to have been inserted in the Principal Act at the passing thereof, and to that extent this Act shall have retrospective operation; and all regulations purporting to have been made undel~ the Principal Act and to be in force at the passing of this Act shall be deemed to have been and to lJe valid and binding for all purposes whatsoever. Amendment 6. The following words are added to the first IJara- of B. 42. graph of subsection two of section forty-two of the Prin- cipal Act ;-" and to effectually distribute the water throllgh the land to the best advantage." Subsection five of the said section is repealed, and the following subsection is inserted in lieu thereof ;-- (5.) If the Minister is satisfied that the quantity of water flowing from an artesian well is in excess of the reasonable requirements of the owner or occupier of the land after making due allowance for its distribution through the land by a proper and effective scheme of drains, and that the surplus of such 'water could, under a reasonable scheme of distribution, be supplied to adja- cent lands insufficiently watered in other ownership or occupation, the Minister may require the O\yner or OCcupif'r of the land whel'eon the well is situated, ,vithin a time to be fixed, to enter into an agreement with any owner or occupier of such adjacent lands as aforesaid fOl· the supply to and distribution through such lands of any such surplus water, and, in default of such agreement being made within the time so fixed, may make an order for that purpose, containing all such provisions, terms, and condi- tions with respect to the supply and distribution of such surplus water,. and the construction and maintenance of the necessary works, and the expenses or construction,. maintenance, and management, and the payment to be made for such water as he thinks just; and such order shall have the same effect as if it were an agreement duly made between the parties, and be enforceable accordingly: Provided that the owner or occupier of the land whereon the well is situated shaH, if he so desires, be' entitled to be heard before any such order is mvde; and in such case the :Minister may cause an inquiry to be held by the State Hydraulic Engineer or by some authorised.

WATER. 7131 1915. Rights in Water, &c., Amendment Act. officer, who shall report in writing to the Minister upon the inquiry, and such owner or occupier shall have the right to attend at the inquiry and to be heard. 7. After section sixty-seven of the Principal Act, the following section is inserted :- [G8.J Proceedings for the recovery of any penalty Limitation Wim . ipt h o 1 ' s 1'1 edS . IXb ' ymothnitshsAn'..Jetxmt aaf " ytebr et 1 l c e om f amcten 0 c f edt h eatcoamnmyIS . tSiIm . One p of ro ti s m eo e u f t . l o o r n. ()f the offence charged came to the knowledge of the complainant, WORKERS' ACCOMMODATION. See LABOUR. WORKERS' COMPENSATION. See LABOUR.