Water Act Amendment Act 1979 (Qld)

103 Qlt.e2XtS1 X2t r ANNO VICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 11 of 1979 An Act to amend the Water Act 1926-1976 in certain particulars and for other purposes [ ASSENTED TO 30TH APRIL, 1979] 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 1979. (2) In this Act the Water Act 1926-1976 is referred to as the Principal Act.

104 Water Act Amendment Act 1979, No. 11 (3) The Principal Act as amended by this Act may be cited as the Water Act 1926-1979. 2. Amendment of s. 3. Section 3 of the Principal Act is amended by- (a) inserting after the definition " Authorised officer " the following definition:- " " Barrage "-An artificial structure that is designed to hinder or obstruct the flow of water in a river, creek or stream or the access of tidal water to any part of a river, creek or stream;"; (b) omitting the definition " Commissioner " and substituting the following definition:- " " Commissioner "-The Commissioner of Water Resources under and within the meaning of the Water Resources AdministrationAct1978;"; (c) omitting the definition " watercourse " and substituting the following definition:- " " Watercourse "-A river, creek or stream in which water flows either permanently, intermittently or occasionally in a natural channel or in a natural channel artificially improved or in an artificial channel that has changed the course of the watercourse but in any such case only at every place upstream of the point to which the spring tide ordinarily flows and reflows therein whether due to a natural cause or to an artificial barrier therein;"; (d) inserting in the definition " Works " after the word " weirs," the words " barrages of all kinds,". 3. Repeal of and new s . 11. The Principal Act is amended by repealing section 11 and substituting the following section:- 11. Right to apply for licenses . (1) If it is proposed- (a) to construct on any land a referable dam or to alter, repair, maintain, operate, abandon or remove a referable dam constructed on land, whether that dam was constructed before or after the commencement of the Water Act Amendment Act 1979; or (b) to construct works in a watercourse, lake or spring or on land that abuts on a watercourse, lake or spring (other than works provided for in Part VII) or to use works constructed in a watercourse, lake or spring or on land that abuts on a watercourse, lake or spring (other than works provided for in Part VII), in any case to supply water for any purpose or for water

Water Act Amendment Act 1979, No. 11 105 conservation, irrigation, water supply, drainage, the prevention of flooding of land by water or of erosion of stream banks or improving the flow in or changing the course of a watercourse, the owner of the land on which the works are to be constructed or are constructed or, as the case requires, the person whose proposal it is shall, before work is commenced in connexion with the proposal, or use as proposed is commenced, make application in writing to the Commisioner for a license so to do. (2) If it is proposed to construct in that part of a river, creek or stream, downstream of the point at which the river, creek or stream becomes a watercourse within the meaning of this Act and upstream of the point at which the river, creek' or stream ceases to be capable of navigation by such vessels as are ordinarily employed on that river, creek or stream for the purpose of carrying any goods, works in the nature of a barrage or to use works in such a nature constructed in such a part of a river, creek or stream the person whose proposal it is shall, before work is commenced in connexion with the proposal, or use as proposed is commenced, make application in writing to the Commissioner for a license so to do. (3) The expression " to use works " in this section includes to use, take or dispose of water contained in any works or obtained by means of any works whether for the use of the owner of the land on which the works are constructed or of the person who constructed or is using the works or for the use of owners of land in the neighbourhood of the site of the works.". 4. New s. 11D. The Principal Act is amended by inserting after section llc the following section:- "11D. Barrages . (1) A person shall not commence work in connexion with the construction of works in the nature of a barrage in that part of a river, creek or stream downstream of the point at which the river, creek or stream becomes a watercourse within the meaning of this Act and upstream of the point atwhich the river, creek or stream ceases to be capable of navigation by such vessels as are ordinarily employed on that river, creek or stream for the purpose of carrying any goods, or commence to use works in such a nature constructed in such a part of a river, creek or stream, save under the authority of and in compliance in every respect with the provisions, terms and conditions of a license under this Act issued by the Commissioner.

106 Water Act Amendment Act 1979, No. 11 (2) A person who is the holder of a license granted by the Commissioner with respect to works referred to in subsection (1)- (a) shall not, by reason of his commencing, constructing or placing those works without the sanction of the Governor in Council, incur any penalty under section 86 of the Harbours Act 1955-1978 and the provisions of that section shall be deemed not to apply in relation to such works; and (b) shall not, by reason of his commencing, constructing or placing such works in accordance with the provisions, terms and conditions of such license, be liable to action or process at law for nuisance, encroachment, obstruction or otherwise.". 5. Amendment of s. 12. Section 12 of the Principal Act is amended by, in subsection (4), omitting the paragraph commencing v ith the words " Upon the completion of inquiry made," and substituting the following paragraphs:- "Upon the completion of inquiry made, the Commissioner may, subject to this section, grant or refuse the application and, if he grants it, cause to be issued to the applicant a license in respect of- (a) so much of the land, watercourse or river, creek or stream specified in the application as he thinks fit; (b) the use of so much of the water specified in the application as he thinks fit; (c) the referable dam specified in the application; (d) the works specified in the application.". . 6. Amendment of penalties . (1) The Principal Act is amended as set out in the first schedule. (2) Part I of the schedule to the Principal Act is amended as set out in Part I of the second schedule. (3) Part II of the schedule to the Principal Act is amended as set out in Part II of the second schedule. (4) Part III of the schedule to the Principal Act is amended as set out in Part III of the second schedule. 7. Provisions concerning certain existing works. (1) This section relates to works in the nature of a barrage which were constructed prior to the commencement of this Act in a part of a river, creek or stream

Water Act Amendment Act 1979, No. 11 - 107 downstream of the point at which the river, creek or stream becomes a watercourse within the meaning of the Water Act 1926-1979 and upstream of the point at which the river, creek or stream ceases to be capable of navigation by such vessels as are ordinarily employed on that river, creek or stream for the purpose of carrying any goods and which works were not duly authorized according to law to be constructed. (2) The Commissioner may, by notice under his seal given to- (a) the person for whom works to which this section relates were constructed; or (b) the person who is successor in title to the person referred to in provision (a); or (c) the person who is using works to which this section relates, direct the person to whom the notice is given to remove the works and restore the site thereof to its former condition as nearly as practicable or to alter the works, in either case within such time as the Commissioner specifies in the notice, and, if he does not so remove the works and restore the site, or, as the case may be, alter the works, to show cause to the satisfaction of the Commissioner, at such place and time as the Commissioner specifies in the notice, why the works should not be removed and the site thereof restored or, as the case may be, why the works should not be altered as aforesaid. (3) If the person to whom notice is given under subsection (2) does not comply with the direction therein -contained and does not, at the place and time specified in the notice or agreed to by the Commissioner, show cause to the satisfaction of the Commissioner why the works should not be removed and the site restored or, as the case may be, why the works should not be altered, in either case as required by the notice, the Commissioner may take all such steps and do all such things as he thinks necessary to comply with the notice in all respects and to dispose of any material produced as a result of his action as if he were the sole owner thereof. The costs and expenses of and connected with taking any action authorized by this subsection may be recovered by the Commissioner from the person to whom the notice was given under subsection (2) by way of action in a court of competent jurisdiction for a debt due and owing to the Commissioner. (4) For the purpose of exercising the powers conferred on him by subsection (3) the Commissioner and his servants and agents are hereby authorized to enter upon and exercise right of way over land adjacent to the site where the works in question are or were constructed and to bring with them such equipment and machinery as, in the Commissioner's opinion, is necessary to enable those powers to be properly exercised.

108 Water Act Amendment Act 1979, No. 11 FIRST SCHEDULE [S.6] AMENDMENT OF PENALTIES IN PRINCIPAL ACT Provision to be Amended Omit Insert Section 9 Section 9 Section 14 Section 14 Section 27 (1) (a) Section 27 (1) (a) Section 51 (2) Section 51 (2) Section 52 Section 53 Section 55 (2) Section 55 (2) Section 55 (2) Section 55 (2) Section 58 (2) Section 58 (2) Section 59 (3) Section 59 (3) Section 61 (3) Section 62 (6) Section 62 (6) Section 62 (6) Section 62 (6) Section 70 (2) Section 70 (2) Section 77 (4) Section 77 (5) Section 77 (5) ten pounds $200 one pound $20 one hundred pounds $200 ten pounds $20 fifty pounds $200 one pound $20 five pounds $50 twenty pounds $100 twenty pounds $100 five pounds $50 five hundred pounds $2 000 twenty-five pounds $200 fifty pounds $500 five pounds $50 fifty pounds $200 five pounds $20 twenty pounds $200 two pounds $20 twenty pounds , $200 five hundred pounds $2 000 twenty-five pounds $200 fifty pounds $200 five pounds $20 fifty pounds, or to impris- onment for any period not exceeding three months $500 fifty pounds $100 ten pounds $50 fifty pounds $2 000 five pounds $200

Water Act Amendment Act 1979, No. 11 109 SECOND SCHEDULE [s.6] AMENDMENT OF PENALTIES IN SCHEDULE TO PRINCIPAL ACT Provision to be Amended Omit Insert Clause 14 (1) Clause 14 (1) Clause 15 (6) Clause 16 Clause 16 Clause 16A Clause 16A Clause 41 Clause 42 Clause 43 Clause 43 Clause 43B (1) Clause 43B (1) Clause 43D Clause 44 Clause 44 Clause 45 Clause 45 Clause 47 (1) Clause 47 (1) PART I five pounds $200 twenty shillings $20 fifty pounds, or to impris- onment for any period not exceeding three months $200 one hundred pounds $500 twenty-five pounds $100 one hundred dollars $200 ten dollars $20 one hundred pounds $200 five pounds $100 fifty pounds $500 five pounds $100 fifty pounds $200 five pounds $20 of not less than ten pounds nor more than one hundred pounds not exceeding $500 fifty pounds $500 five pounds $50 twenty pounds $200 forty shillings twenty pounds $20 $200 forty shillings $20 Clause 33 Clause 33 PART II .. .. fifty pounds .. $2 000 .. .. five pounds .. .. $200

110 Water Act Amendment Act 1979, No. 11 AMENDMENT OF PENALTIES IN SCHEDULE TO PRINCIPAL ACT-continued Provision to be Amended Omit Insert Clause 13 Clause 21 Clause 36 (2) Clause 36 (2) Clause 39 Clause 40 Clause 41 (1) Clause 41 (1) Clause 42 PART III fifty pounds five pounds twenty pounds two pounds fifty pounds one hundred pounds fifty pounds five pounds twenty pounds $200 $20 $200 $20 $500 $1 000 $500 $50 $200