Water Act Amendment Act 1968 (Qld)

236 Queenslunh ANNO SEPTIMO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 30 of 1968 An Act to Amend The Water Acts 1926 to 1967 in certain particulars [ASSENTED TO 1ITH NOVEMBER, 1968] 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 Water Act Amendment Act 1968. (2) Principal Act. The Water Acts 1926 to 1967 are in this Act called the Principal Act. (3) Collective title . The Principal Act as amended by this Act may he collectively cited as the Water Act 1926-1968.

2 Water Act Amendment Act 1968, No. 30 237 2. New s. 36A. The Principal Act is amended by inserting after section 36 the following section:- " 36A. Supply of water to Local Authority or statutory corporation. Notwithstanding any provision of this Act, upon the application of a Local Authority or statutory corporation a Board may, subject to the approval of the Governor in Council first had and obtained, supply water to the Local Authority or corporation notwithstanding that such a supply is not the purpose for which the area was constituted and that the water to be so supplied is not surplus to the water required for the purpose for which the area was constituted. Water supplied pursuant to this section shall be supplied on terms and conditions agreed upon by the Board and the Local Authority or corporation concerned." 3. Amendment to s. 38 . Section 38 of the Principal Act is amended by inserting after the words " fund to be kept by the Board " the words " (in this Act called the " Revenue Fund ") ". 4. Amendment to s. 39 . Section 39 of the Principal Act is amended by omitting the words " its fund " and inserting in their stead the words " its Revenue Fund ". 5. New ss. 39A and 39B . The Principal Act is amended by inserting after section 39 the following sections:- " 39A. Budget of Board . (1) As and when required by the Commissioner, a Board shall lodge with him before the last day of August in each year or such other date as the Commissioner approves in respect of that Board, a budget in respect of its Revenue Fund wherein the Board shall properly provide for any balance of or deficit in the fund brought forward from the year last preceding and estimate as accurately as possible- (a) the revenue of the Board from all sources during the period for which the budget is framed (showing, where such sources include any charge for water made or rate levied, the basis of such charge or rate of such levy); (b) the amount to be disbursed from the fund by the Board during the said period in respect of- (t) the maintenance and management of the works and the conduct of the business of the Board, (ii) interest on and redemption of loans to the Board, (iii) transfer of moneys to Renewals and Extensions Account, (iv) all other purposes of the Board. (2) A budget of a Board shall be of no force or effect until it is approved by the Minister. (3) The Commissioner shall cause the budget of a Board to be revised and where it appears to the, Commissioner that any amount therein has been over-estimated or under-estimated or that any item of disbursement included therein should not be included or that any amount or item that should be included therein has been omitted, he shall amend the budget as he thinks proper, and shall recommend the budget (as amended should the case require it) to the Minister for his approval.

238 Water Act Amendment Act 1968, No. 30 3 When the Minister has approved of a budget of a Board such budget as approved shall be binding on the Board. 39B. Observance of budget. (1) Subject to the provisions of this section, a Board shall confine its disbursements from its Revenue Fund throughout the period for which its current budget is framed within the items and the amounts contained in that budget. (2) If, during such period, it appears to a Board that an emergent circumstance has arisen which requires that the Board make a disbursement from its Revenue Fund in that period that was not provided for in the budget (as approved) for that period or that exceeds the amount estimated in respect of that disbursement in the budget (as approved) for that period, the Board shall, before making such disbursement or excess disbursement- (a) by resolution approve that such disbursement or excess disbursement be made, and (b) if the making thereof would result in the Board's exceeding by more than ten per centum thereof the total amount of the items of disbursement included in its budget (as approved) for the period in question, obtain the approval of the Minister to the making of such disbursement or excess disbursement. (3) A Board shall seek the approval referred to in subparagraph (b) of subsection (2) of this section by application in writing to the Commissioner and shall furnish to him such information as he requires. (4) If, in any period, a Board makes from its Revenue Fund a disbursement which was not provided for in its budget (as approved) for that period or a disbursement which exceeds the amount estimated in respect of that disbursement in that budget (as approved), all the members of the Board who voted for the disbursement or, as the case may be, excess disbursement, shall be jointly and severally liable to repay to the Board the amount of the disbursement or, as the case may be, the amount by which the disbursement exceeds the aforesaid estimated amount unless the provisions of subsection (2) of this section have been complied with in respect of the making of that disbursement or excess disbursement. Such amount may be recovered from such members or any of them as moneys due and owing to the Board but unpaid by action at the suit of the Minister in any court of competent jurisdiction." 6. Amendment to s. 41 . Section 41 of the Principal Act is amended by adding the following subsections:- " (6) As and when required by the Commissioner, a Board shall lodge with him a budget in respect of its Loan Fund Account wherein the Board shall- (a) particularize all moneys standing to the credit of that account and the purposes for which such moneys were raised; (b) estimate as accurately as possible the amount of loans required by the Board to be raised during the period for which the budget is framed; (c) estimate the amount of subsidies expected to be applied for the use of the Board during the period for which the budget is framed; and

4 Water Act Amendment Act 1968, No. 30 239 (d) particularize the purposes for which such loans are required to be raised and such subsidies are to be applied. (7) The provisions of subsection (3) of section 39A of this Act shall apply with respect to a budget in respect of a Board's Loan Fund Account as if it were a budget in respect of the Board's Revenue Fund. (8) In the event of money duly borrowed by a Board proving inadequate to complete the purpose for which it was borrowed the Minister, if he is satisfied that the inadequacy arose from circumstances beyond the control of the Board, may certify accordingly, whereupon the Board may, upon its resolution, borrow such further sum as is necessary to complete the purpose notwithstanding that, where the Board is bound by a budget in respect of its Loan Fund Account approved by the Minister, such loan is not provided for in that budget. Where it is proposed to borrow any further sum pursuant to this subsection, it shall not be necessary to publish further notification under section 19 of this Act concerning the works (being the purpose for which the money is to be borrowed) or the cost of such works." 7. New s. 46H. The Principal Act is amended by repealing section 46H and inserting in its stead the following section:- "46H. Accounts and audit . (1) Save where the Commissioner otherwise permits or requires- (a) the secretary to a Board shall present to the first meeting of the Board following the expiration of the period for which its last preceding budget was approved a statement (in this subsection called a budget statement) wherein the estimate shown in that budget in respect of each item provided for therein and the amount actually received or, as the case may be, expended in respect of the item during that period shall be shown in such form as to clearly disclose the relationship existing between the estimates and the actual receipts and disbursements; (b) a Board sttall in respect of each year cause a budget statement, a full and true balance sheet of its assets and liabilities, a revenue account or profit and loss account, and such other statements as are from time to time required by the Commissioner to be compiled from its books and furnished to the Commissioner. A Board which furnishes to the Commissioner a document prescribed by this subsection or required by the Commissioner pursuant to this section shall retain a true copy of such document and shall, upon request of a person appointed by the Auditor-General to audit the accounts of the Board, produce such copy to him. (2) The Commissioner may, in respect of a particular Board, by a requisition in writing, dispense with the compilations by the Board of all or any of the documents prescribed by subsection (1) of this section or require the Board to compile and furnish to him any other document in lieu of or in addition to those prescribed by that subsection. For so long as a Board complies with a subsisting requisition directed to it under this subsection it shall be deemed to perform its obligation prescribed by the first paragraph of subsection (1) of this section.

240 Water Act Amendment Act 1968, No. 30 5 (3) At least once in each year the Auditor - General shall cause an audit to be made of the books and accounts of each Board and shall have, with respect to such audit , books and accounts , all the powers and authorities conferred on him by The Audit Acts 1874 to 1968 and shall report thereon."