Water Act Amendment Act 1976 (Qld)

ANNO VICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 74 of 1976 An Act to amend the Water Act 1926-1975 in certain particulars and for related purposes [ASSENTED TO 14TH DECEMBER, 1976] 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. Short title and citation . (1) This Act may be cited as the Water Act Amendment Act 1976. (2) The Water Act 1926-1975 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Water Act 1926-1976.

894 Water Act Amendment Act 1976, No. 74 2. Amendment of s. 12. (1) Section 12 of the Principal Act is amended by in subsection (6)- (a) in the first paragraph inserting after the words " holding the license " the words " made in accordance with this subsection "; (b) inserting after the first paragraph the following paragraphs:- " An application for renewal of a license shall be lodged with the Commissioner on or before the date of expiration of the license. Notwithstanding the preceding paragraph where an application for renewal of a license is lodged with the Commissioner within four months after the date of expiration of the license it may, in the discretion of the Commissioner, be dealt with by him as if it had been lodged within the time prescribed by the preceding paragraph."; (c) omitting the paragraph commencing with the words " If the applicant does not appeal " and substituting the following paragraph:- " Where an application for renewal of a license has been duly lodged with the Commissioner that license shall remain in force until the Commissioner has notified the applicant of his decision on the application and any appeal duly instituted against the decision has been finally determined."; (d) adding at the end of the subsection the following paragraph:- " It is hereby declared that certificates of renewal of licenses issued by the Commissioner prior to the passing of the Water Act Amendment Act 1976 upon applications lodged after the expiration of those licenses or renewals thereof are and shall be deemed always to have been valid and effectual for all purposes and to have been issued under the authority of this Act.". 3. Amendment of s. 18 . Section 18 of the Principal Act is amended by- (a) omitting the words " (j) Improvement of subterranean water supplies."; (b) omitting the following words:- " or (i) Acquiring any existing artesian or sub-artesian well-" and substituting the following words:- " (i) Acquiring any existing artesian or sub-artesian well; or (j) Improvement of subterranean water supplies-". 4. Amendment of s. 19. Section 19 of the Principal Act is amended by in subsection (2)- (a) in paragraph (c),

Water Act Amendment Act 1976, No. 74 895 (i) omitting provision (i) and substituting the following provision:- " (i) the works already constructed and erected by or on behalf of the Commissioner or any other person (whether for this purpose or not) which it is intended the proposed Board will acquire; "; (ii) in provision (vi) omitting the words " the purpose of constructing works thereon " and substituting the words " its purposes "; (b) in paragraph (d), omitting provision (i) and substituting the following provision:- " (i) (in the case of works to be acquired from the Commissioner or any other person or to be constructed by the Commissioner), the estimated cost of such acquisition or as the case may be construction, including the method of payment; ". 5. Amendment of s. 23. Section 23 of the Principal Act is amended by- (a) in subsection (1), (i) inserting after the word " Commissioner " where firstly occurring the words " or any other person "; (ii) omitting the words " the Commissioner " where secondly occurring and substituting the word " he "; (b) in subsection (2), (i) inserting after the word " Commissioner " where firstly occurring the words " or any other person "; (ii) in paragraph (b) inserting after the word " Commissioner " the words " or that other person "; (iii) in paragraph (c), inserting after the word " Commissioner " where twice occurring the words " or that other person " in each case; (c) in subsection (3), (i) inserting after the word " Commissioner " where firstly occurring the words " or any other person "; (ii) omitting the words " the Commissioner " where secondly occurring and substituting the word " him ". (d) adding at the end of the section the following subsection:- " (4) In this section the expression " loan " includes advances obtained by overdraft on current account in any bank or banks.". 6. Validation of Orders in Council . The Order in Council published in the Gazette on 29 November 1975 at pages 1223 and 1224 whereby the Ripple Creek Drainage Area and the Ripple Creek Drainage Board were constituted and the Order in Council published in the Gazette on 14 February 1976 at page 527 whereby that Order was altered and added

896 Water Act Amendment Act 1976, No. 74 to and the Order in Council published in the Gazette on 23 October 1976 at page 731 whereby that Board was authorized to borrow moneys, such Orders having been made in the exercise of a power purporting to. have been conferred by the Water Act 1926-1975, are and it is hereby declared always were valid and effectual for all purposes and shall be deemed to have been made under the authority of that Act.