Townsville Water Authority (Waterworks Approval) Act of 1926 (17 Geo v No. 11) (Qld)

WATER, 11 GEO. V. No. 11, 1926. Townsville Water Authority, Etc., Act . . SOUTH BRISBANE-KYOGLE-GRAFTON RAILWAY. See RAILWAYS. TOWNSVILLE WATER AUTHORITY. See WATER. 11831 WATER. An Act to Declare that Certain Works constructed 17Geo. V. on Ross River and elsewhere near Townsville, N~~l. . for and in connection with the Conse:rvation TO~: ~ ~ ~ LE and Supply of Water , h . ave been and are A(UWTAHTOERRIT- Y Authorised Works under and for the purposes A WORKS PPROVAL) of "The Water Authorities Act of 1891," and ACT OF 1926. for other incidental purposes. [ASSENTED TO 27TH OCTOBER, 1926.] ~ . i\ T HEREAS the Townsville Water Authority or its Preamble. \' \' predecessor, being a Water Authority under the proVisions of "The Water Authorities Act of 1891,"* in or about the year one thousand nine hundred and seven and in subsequent years, for the purpose of obtajning and conserving a supply of pure water for the use of inhabitants of the City of Townsville and surrounding localities, caused to be constructed certain works on Ross River, near Townsville, consisting ofa weir across the said river and other subsidiary works and appliances, and has maintajned and from time to time repaired and improved the said works and has constructed and maintained and managed all pipes, wells, pump~ng appl"ances, and other appara.tus necessary or convenient for the supply of water to the public from the storage created by means of the said works: And whereas the construction and maintenance of the said works have been and are and will be of manifest public advantage: And whereas questions may arise as to whether or not the conditions and provisions of "The Water Authori- ties Act of 1891 ,,* were in all respects complied with by * 55 Vie. No. 11, supra, page 3536. T

1183.2 WATER. Townsville Water Authority, Etc., Act. 17 GEO. V. No. 11, the said Water Authority or its predecessor precedent to and in and about the construction of the said works, and it is desirable to set all such questions at rest and to declare that the said works and each of them and all subsidiary works and all matters and things appurtcnantthereto have been and are and shall be works duly authorised under and subject to "The Water Authorities Act of 1891"* and to declare that the Townsville Water Authority always has had and has full ownership and control of all the said works and always has had and has the control and management of the bed and banks of Ross River aforesaid and full owner~ hip of all the water therein, not only above the site of the said works but also below the said site for the purpose of securing a supply of water to the inhabitants of the City of TOW'nsville and the surrounding localities and the continuance of such supply and to prevent the said bed and banks from trespass and contamination and the water therein from contamination and misuse: Be it therefore 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 : - Short title. 1. This Act may be cited as "The TownB'lJiUe Water Authority (Waterworks Approval) Act of 1926." Interpreta. tion. 2. In this Act- The term "Waterworks" means and includes all the works constructed on Ross River, near Townsville, and consisting of a weir across the said river and certain subsidiary works thereat and all works, pipes, appliances, apparatus, wells,storage reservoirs, and all other matters and things in connection therewith or appurtenant thereto, whensoever the same or any of them were or was constructed, and whether the same or any of them were or was or were not or was not constructed by the Townsville Water Authority: Without limiting the generality of the foregoing provision, the term expressly includes a tramway of the TownsvilleWater Authority constructed, worked, and used in connection with the waterworks for the purpose of facilitating the execution and management of the waterworks and the busjness of such Authority, and also includes any works hereafter * 55 Vie. No. 11, supra, page 3536.

WATER. 11833 1926. Townsville Water Authority, Etc., Act. constructed on the' said Ross River or in connection with the said tramway by the Townsville Watet Authority with the approval of the Governor in Council, and whether the' same be in enlargement of, in addition to, or in substitution for the waterworks or the said tramway. The term " Townsville Water Authority" means and includes the Townsville Water Authority now constituted under the provL"Iions of "TheWater Authorities Act of 1891"* and also any Water Authority by whatsoever name called, duly constituted under the said Act, which was a predecessor of the now constituted Townsvil1e Water Authority. And generally the terms used in this Act have the same meanings as are respectively assigned to them by ~, The Water Authorities Act of 1891." * 3. (1.) It is hereby declared and enacted. that. the Approval of waterworks, from the date on which such works were waterworkp. and each of them respectively was_ cOllstructed, have always been and are works duly authorised under and subject to "The Water Authorities Act of 1891,H* and shall ,continue to be duly authorised works of the ,Townsville Water Authority, and tha~ the Townsville Water Autho- rityalways has had and has and shall continue to have, in respect of the waterworks', the rights, titles, powers, authorities, duties, and obligations conferred and imposed upon a Water Authority by the said Act. . (2.) Subject always to the paramount rights of the Commissioner of Irrigation and Water Supply, it is hereby declared and enacted that the Townsville Water Authority always has had and has and 'shall continue to have the property in full ownership of the water in Ross River, not only above the site of the waterworks but also below the said site, and the control and manage- ment of the bed and banks of Ross River, of which bed and banks it shall be deemed to be the occupier for the purpose of any law relating to trespass or contamination, and that no lapse of time or user by any person ·or alleged right of user of such bed or bank!;! or any part thereof or of the water at any time in Ross River or stored in the waterworks shall be construed in any way so as to be in derogation. of the full jurisdiction thereover of the Townsville Water Authority. • 55 Vic. No. 11, supra, page 3536.

11834 WATER. Townsville Water Autlwrity, Etc., Act. 17 GEO. No. ll, 1926. Tramway authorised. works. (3.) It is hereby declared and enacted that the tramway of the Townsville 'Vater Authority, referred to in section two hereof, always has been and is and shall continue to be authorised works under the I'laid Act, and that such Authority always has had and has and shall continue to have full power and authority to con:struct, maintain, repair, improve, manage, andworksuch tramway in, upon, across, over and under any road, reserve, stream or watercourse, and to use and employ on such tramway locomotive engines propelled by steam or other locomotive power and rolling stock drawn or propelled thereby. No right of 4. No action, indictment, information, or other action against proceeding shall be commenced, presented, prosecuted, Water or maintained against the Townsville Water Authority Authority. or any officer thereof or any- other person for or in respect of the construction, maintenance, management, or working of the waterworks or any part thereof, or for or in respect of any alleged obstruction by the waterworks or any part thereof of Ross River or of any road, reserve, stream, or watercourse, or for or in respect of any deprivation of access to or diminution of the quantity of water in Ross River or any part thereof or any tributary thereof by reason of the construction, maintenance, management, or working of the waterworks or any part thereof, or for or in respect of any damages, loss, or expenses occasioned or alleged to be occaRioned or in any wise whatsoever arising from the constrnction, maintenance, management, or working of the waterworks or any part thereof.