State Development and Public Works Organisation Acts Amendment Act of 1964 (Qld)

710 Q11 Celts talth. ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE BEGIN AE No. 65 of 1964 An Act to Amend "The State Development and Public Works Organisation Acts, 1938 to 1958 ," i n certain particulars , and for other purposes [ASSENTED TO 23RD DECEMBER, 1964] BE IT ENACTED by the Queen'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:- 1. (1) Short title . This Act may be cited as " The State Development and Public Works Organisation Acts Amendment Act of 1964." (2) Principal Act. " The State Development and Public Works Organisation Acts, 1938 to 1958," are in this Act referred to as the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as "The State Development and Public Works Organisation Acts, 1938 to 1964."

State Development , Etc., Amendment Act of 1964, No. 65 711 2. Amendment of s. 20A. Section 20A of the Principal Act is amended by adding the following subsection:- " (7) The provisions of paragraph (ii) of subsection (3), and of subsections (4), (5) and (6) of this section apply with respect to any works authorised under or pursuant to sections 20E or 20F of this Act to be constructed, undertaken, carried out, established, carried on, managed, maintained or controlled by the Co-ordinator-General." 3. Amendment of s. 20D . Section 20D of the Principal Act is amended by omitting the words " any such authorised works " (where those words appear in the first paragraph in the general words following subparagraph (ii)) and inserting in their stead the words " works of a similar nature ". 4. New s. 20E inserted . The Principal Act is amended by inserting after section 20D, the following section:- " [20E.] Works for protection , & c., of seashore , &c. (1) The Governor in Council may by Order in Council authorise the Co-ordinator-General to construct and maintain any works for the protection, repair, reinstatement, or preservation of any part of the seashore or of land adjacent to any part of the seashore or for preventing any land from being inundated, eroded or otherwise devastated by the waters of the .sea or by any tidal waters whatsoever. The Co-ordinator-General may construct and maintain any works under, subject to and in accordance with an Order in Council under this section. (2) Works in, on, over, through or across any foreshore within the meaning of " The Harbours Acts, 1955 to 1964," or any land lying under the sea within Queensland waters may be authorised by the Governor in Council by Order in Council under this section to be constructed and maintained by the Co-ordinator-General, and may be constructed and maintained by the Co-ordinator-General under, subject to and in accordance with the Order in Council. In respect of any works to which this subsection applies the authority of the Governor in Council may be obtained in the manner provided by subsection (3) of section eighty-six of " The Harbours Acts, 1955 to 1964," and in any case where the authority is so obtained the provisions of that subsection shall have effect with respect to the works in question. (3) An Order in Council under this section may authorise the Co-ordinator-General to take sand, gravel, stone or any other material from any foreshore or any land lying under the sea within Queensland waters for the purpose specified in the Order in Council, and the Co-ordinator-General may take any such sand, gravel, stone or any other material under, subject to and in accordance with the Order in Council. (4) The Governor in Council may by Order in Council prescribe that the provisions specified in the Order in Council of " The Harbours Acts, 1955 to 1964," shall not apply to or with respect to any works which the Co-ordinator-General is authorised by Order in Council under this section to construct and maintain. (5) An Order in Council may be made under this section and section ninety-one of " The Harbours Acts, 1955 to 1964," granting to the Co-ordinator-General both the authority prescribed by this section and the authority prescribed by subsection (2) of the said section ninety-one to the extent and subject to the terms and conditions specified in the Order in Council.

712 State Development , Etc., Amendment Act of 1964, No. 65 Such an Order in Council shall for all purposes of " The Harbours Acts, 1955 to 1964," be an Order in Council made under the said section ninety-one. (6) " The Harbours Acts, 1955 to 1964," apply with respect to any works which the Co-ordinator-General is authorised under this section to construct and maintain except such of the provisions of those Acts- (i) as are prescribed by Order in Council not to apply; or (ii) (where in respect of those works authority under this section and authority under subsection (2) of section ninety-one of " The Harbours Acts, 1955 to 1964," has been granted by Order in Council) as do not apply by virtue of the authority under the said subsection (2) of the said section ninety-one." 5. New s. 20F inserted . The Principal Act is amended by inserting after section 20E, as previously inserted by this Act, the following section:- " [20F.] Private works. (1) In this section " private works " means the whole or any part of any works, project, undertaking, service, utility, function or other matter or thing whatsoever which, under an agreement made between the Government of the State of Queensland and any person, it is agreed that such person shall or may construct, undertake, establish, carry out, maintain, carry on, manage or control. Without limit to the generality of the meaning thereof " private works " includes in respect of any town to be established under or for the purpose of an agreement referred to in this subsection, the provision of such housing, water, sewerage, roads, electric power and other facilities as are necessary or convenient to establish the town. (2) It may be agreed between the Government of the State of Queensland and the person who is the other party to an agreement referred to in subsection (1) of this section, that any private works agreed upon by them shall be constructed, undertaken, established, carried out, maintained, carried on, managed or controlled by the Co-ordinator-General. (3) Subject to agreement as prescribed by subsection (1) of this section , the Governor in Council may by Order in Council authorise the Co-ordinator-General to construct, establish, carry out, maintain, carry on, manage or control any private works. (4) Subject to the authority given to him in that behalf the Co-ordinator-General may construct, establish, carry out, maintain, carry on, manage or control any private works." 6. New ss . 20G and 20H inserted . The Principal Act is amended by inserting after section 20F, as previously inserted by this Act, the following sections:- " [20G.] Authorised works. In sections 20H, 201 and 201 of this Act " authorised works " means any works authorised (whether before, on or after the enactment of this section ) under or pursuant to this Act to be constructed, undertaken , carried out, established , carried on, maintained , operated, managed or controlled by the Co-ordinator- General. [20H.] Powers in respect of lands . ( 1) In respect of any and every authorised works, this section applies so as not to limit or prejudice in any way the powers and authorities had by the Co-ordinator- General as a constructing authority within the meaning of " The Public Works Land Resumption Acts, 1906 to 1955."

State Development , Etc., Amendment Act of 1964, No. 65 713 (2) The Co-ordinator-General or any delegate, officer, or employee of the Co-ordinator-General, or any other person authorised by, or by any delegate of, the Co-ordinator-General, may, for a purpose of or connected with the construction, undertaking, carrying out, establishment, carrying on, maintenance, operation, management or control of any authorised works- (a) after giving not less than seven days' notice in writing to the occupier of land, enter upon and occupy that land; (b) on and from land so occupied- (i) construct, build, or place any plant, machinery, equipment, or goods; (ii) take sand, clay, stone, earth, gravel, timber, wood, or other materials or things; (iii) make cuttings or excavations; (iv) deposit sand, clay, stone, earth, gravel, timber, wood, or other materials or things; (v) erect workshops, sheds, and other buildings, including buildings for providing housing and other amenities for employees and their dependents; (vi) make roads; (vii) manufacture and work materials of any kind; and (c) demolish, destroy, or remove, on and from land so occupied, any plant, machinery, equipment, goods, workshop, shed, building, or road. (3) Where land is entered or occupied in pursuance of this section, the Co-ordinator-General shall be liable to pay compensation to the owner or occupier of the land, or to both, as the case requires, and the compensation so payable shall include compensation in respect of- (a) damage of a temporary character as well as of a permanent character; and (b) the taking of sand, clay, earth, gravel, timber, wood, materials, or things under the authority of this section. (4) All persons having any interest in land entered or occupied in pursuance of this section may recover compensation in respect of all damage suffered as a result of the use or occupation thereof by the said Co-ordinator-General or any of his delegates under " The Public Works Land Resumption Acts, 1906 to 1955," as modified by this Act, but not exceeding the compensation which would have been payable had the land been taken by the Co-ordinator-General." 7. New s. 201 inserted . The Principal Act is amended by inserting after section 20H, as previously inserted by this Act, the following section:- " [201.] Application of the Tolls on Privately Constructed Road Traffic Facilities Act to authorised works. (1) Where any authorised works are a road traffic facility within the meaning of " The Tolls on Privately Constructed Road Traffic Facilities Act of 1931," the Governor in Council may, in the Order in Council authorising the Co-ordinator-General to construct and maintain such works or in another Order in Council, prescribe that the Co-ordinator-General is authorised to construct and maintain such works as a road traffic facility under " The Tolls on Privately Constructed Road Traffic Facilities Act of 1931."

714 State Development , Etc., Amendment Act of 1964, No. 65 (2) In the case of the prescription specified in subsection (1) of this section, the Co-ordinator-General shall be the owner under and within the meaning of " The Tolls on Privately Constructed Road Traffic Facilities Act of 1931," of the works in question, and the provisions of that Act shall, subject to this section, apply and extend accordingly. (3) Where the Governor in Council prescribes by the Order in Council authorising the Co-ordinator-General to construct and maintain any works or by another Order in Council that the Co-ordinator-General is authorised to construct and maintain such works as a road traffic facility under " The Tolls on Privately Constructed Road Traffic Facilities Act of 1931," the Governor in Council may by such Order in Council or by a further Order in Council prescribe, provide for and make all such provisions, terms, conditions, matters and things as he is empowered by that Act to prescribe, provide for and make in respect of a road traffic facility under and within the meaning of that Act. (4) An Order in Council under this Act authorising the Co-ordinator- General to construct and maintain any works as a road traffic facility under " The Tolls on Privately Constructed Road Traffic Facilities Act of 1931," shall not he invalid or be called in question in any proceeding whatsoever on the ground that the provisions of that Act prescribing the steps and things to be taken and done preliminary to the making of an Order in Council under that Act authorising a person to construct and maintain a road traffic facility thereunder and within the meaning thereof have not been complied with by the Governor in Council, the Minister administering that Act, or the Co-ordinator-General. (5) The Governor in Council may by Order in Council prescribe that the provisions specified in the Order in Council of " The Tolls on Privately Constructed Road Traffic Facilities Act of 1931," shall not apply with respect to any authorised works which the Co-ordinator-General is. pursuant to this section, authorised to construct and maintain as a road traffic facility under and within the meaning of that Act or, in the case of any provision of that Act specified in the Order in Council, that it shall apply with and subject to such amendment, alteration or other modification thereof as is set out in the Order in Council. (6) Except to the extent to which the Governor in Council, who is hereby thereunto authorised, shall by Order in Council otherwise prescribe, the provisions of " The Traffic Acts, 1949 to 1962," and of the regulations thereunder apply to and with respect to any works which the Co-ordinator-General is, pursuant to this Act, authorised to construct and maintain in, on , over or under a road as a road traffic facility under and within the meaning of " The Tolls on Privately Constructed Road Traffic Facilities Act of 1931." This subsection applies subject to subsection (4) of this section." 8. New s. 20J inserted . The Principal Act is amended by inserting after section 201, as previously inserted by this Act, the following section:- "[20J.] Powers in respect of water . (1) The Co-ordinator-General or, with the authority of the Co-ordinator-General, any delegate may raise or lower the level of any river, creek. stream or watercourse, lake, lagoon, swamp, or marsh and take, impound, divert, and use either permanently or temporarily the waters of a river, creek, stream or watercourse, lake, lagoon, swamp, or marsh to the extent to which the Co-ordinator-General deems it necessary to do so for a purpose of or connected with the construction, undertaking, carrying out, establishment, carrying on, maintenance, operation, management or control of any

State Development , Etc., Amendment Act of 1964, No. 65 715 authorised works for or in connection with the supplying of water, including works for or in connection with the provision of water by a Local Authority, irrigation, the generation and supply of electricity, including hydro-electricity, or flood prevention or mitigation: Provided that the Co-ordinator-General or a delegate shall not have or exercise in respect of any tidal waters any of the powers specified in this subsection unless, in respect of the authorised works concerned, the authority of the Governor in Council was obtained in the manner provided by subsection (3) of section eighty-six of " The Harbours Acts, 1896 to 1964." (2) In determining whether any and, if so, what compensation is to be made for damage occasioned by the exercise by the Co-ordinator- General or any delegate of any of the powers prescribed by subsection (1) of this section, the court having jurisdiction in the matter shall have regard to and is hereby empowered and directed to apply the following principles:- (a) no compensation shall be awarded for any diminution or deterioration of the supply of water to which any person may be entitled, unless such diminution or deterioration is such as to deprive the claimant of a supply of water previously legally enjoyed by him, and unless such diminution or deterioration is the direct and will be the permanent result of the completed works; (b) no compensation shall be made for the taking or diverting of any water which the Co-ordinator-General or a delegate of the Co-ordinator-General is empowered by or under this Act to take or divert either permanently or temporarily from any river, creek, stream or watercourse, lake, lagoon, swamp, or marsh; (c) where the injury complained of appears to be of a permanent or continuing character, or likely to be repeated, a sum may be awarded which the court may declare to be compensation for all injury, loss or damage sustained in respect of the matter complained of to the date of the bringing of the action, and also for all future injury, loss, or damage, in respect of the same matter; and after such award no further compensation shall be made in respect of any such future injury, loss or damage. (3) If compensation is sought to be recovered for any such injury alleged to be occasioned in relation to any authorised works by the exercise by the Co-ordinator-General or any delegate of any of the powers prescribed by subsection (1) of this section, and such authorised works at the time of the alleged injury and of the claim to compensation in respect thereof are incomplete, it shall be lawful for any judge of the Supreme Court, upon an application by the Co-ordinator - General made without action, and either by summons or by motion upon notice to the claimant for compensation, to make an order directing that the proceedings upon the claim for compensation shall be stayed until the completion of such authorised works, or for such period to be stated in the order as the judge may consider sufficient for the completion of such authorised works, and the proceedings to recover such compensation shall be stayed accordingly; but at the expiration of the stay limited in such order the claimant shall be at liberty to resume his proceedings for the recovery of such compensation without commencing any fresh proceedings."

716 State Development, Etc., Amendment Act of 1964, No. 65 9. New ss. 29A, 29B, 29C, 29D, 29E and 29F inserted . The Principal Act is amended by inserting after section twenty-nine the following sections:- " [29A.] Borrowings by Co-ordinator=General. (1) Subject to this Act, the Co-ordinator-General may from time to time borrow money by the sale of debentures. (2) Before entering into negotiations to borrow money the Co-ordinator-General shall obtain the sanction of the Treasurer authorising him to enter upon such negotiations and, for this purpose, shall furnish the Treasurer with such information as he may require. (3) The Co-ordinator-General shall not borrow any money pursuant to negotiations sanctioned by the Treasurer unless the authority of the Governor in Council, by Order in Council, thereto is first obtained. (4) Such Order in Council shall declare the amount that may be borrowed, the purposes for which the loan is to be borrowed, the currency of the loan, the rate of interest payable thereon, the terms and conditions for the redemption of the loan, whether by yearly, half-yearly or quarterly payments or payments into a sinking fund, and such other conditions as the Governor in Council thinks proper to impose. (5) The Co-ordinator-General shall be a " local body " under and within the meaning of " The Local Bodies' Loans Guarantee Acts, 1923 to 1957," the provisions whereof shall, subject to such modifications as the Governor in Council may prescribe (either generally or in respect of a particular loan) apply and extend accordingly. (6) All moneys borrowed by the Co-ordinator-General shall be expended for the purposes for which he was authorised to borrow the same and not otherwise. If any amount of a loan remains unexpended upon the completion of the purpose for which such loan was borrowed such amount shall be applied as directed by the Treasurer. [29B.] Debentures . (1) Subject to this Act all debentures shall be issued in such series , at such time, and in such manner as the Co-ordinator-General thinks fit. Debentures shall bear interest at the rate and shall be repayable on the date respectively prescribed in the Order in Council. (2) Every debenture shall be sealed with the seal of the Co-ordinator- General and thereupon shall be deemed to have been duly issued, and the holder thereof shall not be bound to enquire whether such issue was in fact duly authorised. (3) The Co-ordinator-General may authorise the sale or disposal of debentures in Queensland or in places beyond Queensland, and may appoint an agent or agents to negotiate such sale or disposal. (4) Every debenture shall specify the place and time where and when the principal and interest are payable. (5) Any debenture may at the option of the lender be issued with or without coupons. if issued with coupons, the debenture shall have annexed thereto for every payment (whether of principal or interest, or principal and interest ) to grow due thereon a coupon. (6) Every debenture and every coupon annexed to a debenture shall be transferable by delivery.

State Development , Etc., Amendment Act of 1964, No. 65 717 [29C.] Rights of debenture holders. (1) In the case of any debenture issued with coupons the holder of any such coupon shall be entitled to receive from the Co-ordinator-General payment of the sum specified in the coupon upon presentation thereof, either annexed to or separated from the debenture, at the place where, and on or after the date when, such sum is payable. (2) In the case of any debenture issued without coupons, the lender or, in the event of the transfer of such debenture at any time or from time to time, the transferee for the time being shall, subject to this paragraph, be entitled to receive payment from the Co-ordinator-General in respect of principal or interest, or both, in accordance with the terms and conditions of the debenture. A transferee with respect to whom the Co-ordinator-General has not been given notice as prescribed shall not be entitled to receive, and the Co-ordinator-General shall not be liable to make to such a transferee, any payment in respect of any debenture issued without coupons (except under attachment by process of law and then only to the extent of moneys due and payable to such transferee under the debenture and unpaid by the Co-ordinator-General to the lender or a prior transferee). The entitlement of a transferee with respect to whom the Co-ordinator-General has been given notice as prescribed to receive any payment in respect of a debenture issued without coupons shall be subject to any payment which, having become due and payable under such debenture before the Co-ordinator-General was given such notice, was made by it to the lender or a prior transferee. In this subsection the expression " notice as prescribed " means a notice in writing signed by the transferor and transferee and verified to the satisfaction of the Co-ordinator-General. (3) The power of the Governor in Council to make regulations under this Act shall include power to prescribe standard forms of debentures. A lender may agree to accept a standard form of debenture, but no lender shall be bound to do so unless by his agreement. [29D.] (1) Loan to be authorised investment . Unless expressly forbidden by the instrument (if any) creating the trust, an investment by a trustee of trust funds in a loan raised under the authority of this Act shall be and be deemed to be an authorised investment by the trustee pursuant to the provisions of section four of " The Trustees and Executors Act of 1897 " (as amended by subsequent Acts) and such Act shall be read and construed accordingly. (2) Notice of trusts not to be received . The Co-ordinator-General or an officer, servant or agent of the Co-ordinator-General shall not receive and shall be deemed to have not received notice of any trust express. implied or constructive in relation to any debentures issued under the authority of this Act, and the Co-ordinator-General or any such officer, servant or agent shall not be bound to see to the execution of any trust to which any such debentures may be subject. (3) Lender not bound to enquire as to validity of security . A person advancing money to the Co-ordinator-General and receiving in consideration therefor any debentures duly issued shall not be bound to enquire whether the issue of such debentures was in fact duly authorised or into the application of the money so advanced or be in any way responsible for the non-application or misapplication thereof.

718 State Development , Etc., Amendment Act of 1964, No. 65 [29E.] Brokerage . The Co-ordinator-General may pay moneys by way of brokerage in relation to the making, procuring, negotiating, or obtaining the loan of any money which the Governor in Council has authorised the Co-ordinator-General to borrow: Provided that no moneys shall be paid by the Co-ordinator-General by way of brokerage in relation to the loan of any moneys borrowed by him unless the Treasurer has approved of the payment of brokerage, which approval may be given by the Treasurer subject to such terms and conditions as to him shall seem fit. Section fourteen of " The Money Lenders Acts, 1916 to 1962," shall not apply or extend to brokerage which the Co-ordinator-General is authorised, by this section, to pay and which brokerage has been approved by the Treasurer and is agreed to be paid by the Co-ordinator-General subject to the terms and conditions, if any, imposed by the Treasurer. [29F.] Moneys recoverable as a debt . If the Co-ordinator-General makes default in making a payment, whether of principal or interest, to the holder of any debenture or coupon, the person to whom such payment should have been made may recover the amount thereof as a debt by action against the Co-ordinator-General in any court of competent jurisdiction."