Snowy Mountains Engineering Corporation (New South Wales) Act 1972 (NSW)

An Act relating to the functions and powers of the Snowy Mountains Engineering Corporation within the State of New South Wales; and for purposes connected therewith.

1Name of Act

This Act may be cited as the Snowy Mountains Engineering Corporation (New South Wales) Act 1972.

2Definitions

In this Act, except in so far as the context or subject matter otherwise indicates or requires:

Commonwealth Act means the Act of the Parliament of the Commonwealth entitled the Snowy Mountains Engineering Corporation Act 1970, or if that Act is at any time amended, that Act as in force and as amended from time to time.

the Corporation means the Snowy Mountains Engineering Corporation established under the Commonwealth Act.

3Authority of the Corporation to exercise certain functions

Where an exercise by the Corporation of a function specified in section 17 (1) of the Commonwealth Act is not authorised by that Act by reason of the provisions of section 17 (2) of that Act or by reason of that Act being required to be read and construed so as not to exceed the legislative power of the Parliament of the Commonwealth, the exercise of such of those functions within the State by the Corporation as are authorised by this Act is, to the extent that the legislative power of the Parliament of the State permits, authorised by this Act.

4Functions and powers of the Corporation(1)

Subject to this section, the functions of the Corporation within the State authorised by this Act are:

• (a)

  the carrying out of investigations, and the furnishing of advice, in relation to water resources,

• (b)

  the carrying out of investigations, and the furnishing of advice, in relation to:

  • (i)

    soils or rocks, or

  • (ii)

    materials used in the construction of engineering works,

• (c)

  the carrying out of investigations, and the furnishing of advice, in relation to the sites, designs or construction of engineering works,

• (d)

  the designing of engineering works, and

• (e)

  the supervision of contracts for the construction of engineering works by the furnishing of advice and the doing of any other thing necessary for ensuring the proper performance by the contractors of their obligations under those contracts.

(2)

The exercise of any of the functions conferred on the Corporation by this Act shall be subject to the approval of the Minister and to any conditions to which the approval is expressed to be subject.

(3)

For the purposes of the exercise by it of any functions in pursuance of this Act, the Corporation has the powers conferred on it by the Commonwealth Act as if those powers were conferred on it by this Act.

5Validation(1)

Any act, matter or thing done or commenced to be done by the Corporation before the commencement of this Act which would, if that act, matter or thing were done or commenced to be done after that commencement, be authorised by this Act, shall be as valid as if that act, matter or thing were done or commenced to be done under the provisions of this Act after that commencement.

(2)

The provisions of subsection (1) apply to and in respect of any act, matter or thing done or commenced to be done by the Corporation before the commencement of this Act whether or not the Minister may have approved of that act, matter or thing.