Water Act and Another Act Amendment Act 1973 (Qld)

38 ELIZAB E THAE Jl - .L " -' G Act [i iSENTED TO 11T APRIL, 19731 BE IT ENACTED by tha Queen's Most Excellent i.vajesty, by and with the advice and consent of the Legislative Assem'.,; of Oucensland in Parlie nt assen '31 1, 1 the authority of ti, s; as follows:- Water . ' roi per Acts (1) This k.' Act 1973. cited as the (2) The Water Act 1926-1, is in this Act referred to as the Principal Act.

Water Act and Another Act Amendment Act 1973, No. 10 39 (3) The Principal Act as amended by this Act may be cited as the Water Act 1926-1973. 2. Commencement of Act. This Act shall come into operation on a date appointed by Proclamation. 3. Amendment of s. 3. Section 3 of the Principal Act is amended. by- (a) omitting the definition " Watercourse " and inserting in. its stead the following definition: Watercourse "-A river, stream or creek (at every place where that river, stream or creek is not subject to tidal influence whether due to natural causes or the existence of artificial barriers) 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;"; (b) adding the following paragraph:- For the purposes of identifying a watercourse the upper limit of tidal influence in a river, stream or creek is that point beyond which tidal waters do not penetrate whether due to the natural gradient of that river, stream or creek or to natural or artificial barriers therein.". 4. Repeal of and new s. 6. The Principal Act is amended by repealing section.6 and inserting in its stead the following section:- " 6. Prohibition as to diversions and appropriations of water. Save in the case of a diversion or appropriation of water made by any of the persons referred to in paragraph (a) of subsection (2) of section 4 a person shall not divert or appropriate any water from any watercourse, lake or spring except- (a) in the exercise of the general right of all persons to use water for domestic purposes and ordinary use and for watering stock from any watercourse, lake or spring vested in the Crown and to which there is access by a public road or reserve; or (b) under the sanction of this Act. This section applies notwithstanding the provisions of the Mining Act 1968-1971, any other Act relating to mining or the terms, and conditions of any lease or other authority granted pursuant to any of those Acts: Provided that a right to divert or appropriate water granted pursuant to any Act relating to mining prior to the date of commencement of 'the' Water Act and Another Act Amendment Act 1973 shall not be prejudiced or affected by the enactment of this section.".. 5. Amendment of s. 10. Section 10 of the Principal Act is amended by omitting paragraph ( a) and inserting in its stead the following paragraph: " (a) To use the work to supply water for any purpose or for the purpose of water conservation, irrigation, water supply, drainage, the prevention of flooding of land by water or of erosion

40 Water A ct and Another Act Amendment Act 1973, No. 10 of stream banks, or improving the flow i n or changing the course of a watercourse;" . 6. Amendment of s. 11. Section 11 of the principal Act is amended by-( ( aa) ) inserting after the words " occupier of land " the words " abutting on a watercourse, "; (b) omitting all words from and including " for the purpose of " to 66 by water, or of " and inserting in their stead the words " to supply water for any purpose or for the purpose of water conservation, irrigation, water supply, drainage, the prevention of flooding of land by water or of erosion of str ,,,ii banks, improving the flow in or ". 7. by omitting s the following, s " (4) theret x t' for th,- (a of s. 12 . Section 12 of the Principal Act is -amended ;tions (4), (4A) and (' ) and inserting in their stead ^-:ons:- In relation to t` stion and any objections ;ommissioner or a pet .o appointed in writing by him ake inquiry into- ')ility and sufficiency of water to satisfy tints of riparian owners, existing licensees -licant; the (b) shall mak fit; (c) she 'l rig' Cc-1 A( Ju l . tho: sum or p the decision of section , t.._1 p€; and that Court s' all hea confirm, vary or io' (4B) Pre-: of this section registry, within and no later, a rto^s; o r iatte i sior s„•- L re of tl (4A) Court lecision

Water Act and Another Act Amendment Act 1973, No. 10 41 The notice of appeal shall state the grounds of appeal and the appeal shall be limited to the grounds stated. The burden of proving any ground stated shall be upon the appellant. After filing the notice of appeal the appellant shall serve forthwith a copy thereof on the Commissioner.". 8. Amendment of s. 14. Section 14 of the Principal Act is amended by, in the proviso, omitting from paragraph (c) the first four subparagraphs and inserting in their stead the following subparagraphs:- " If the holder of the license is dissatisfied with the requirements of any notice under this section he may appeal to the Land Court and that Court shall hear and determine the matter and may confirm, vary or cancel the notice. An appeal under this paragraph (c) shall be instituted by filing in the Land Court registry, within thirty days after service of the notice and no later, a notice of appeal. The notice of appeal shall state the grounds of appeal and the appeal shall be limited to the grounds stated. The burden of proving any ground stated shall be upon the appellant. After filing the notice of appeal the appellant shall serve forthwith a copy thereof on the Commissioner.". 9. New sec tion 17C. The Principal Act is amended by inserting after section 1713 the following section:- " 17C. Leases of land. The Commissioner may lease any land acquired by him under section 17B that is not being used for the time being for the purposes of this Act.". 10. Re ' l of and new section 2 9D. Section 29D of the Principal Act is repealed and the following section inserted in its stead:- " 29D. Assess m en t on sugar -cane or sugar . (1) When any land in the area subject to rating under this Act is assigned to a sugar-mill, the Board, provided it is authorized to do so by Order in Council (in respect whereof the Governor in Council is hereby authorized) in lieu of making and levying a rate in accordance with the provisions of section 29, 29A, 29B or 29c, may, with respect to the land so assigned, make and levy an assessment in accordance with this section. The making and levying of an assessment under this section shall not preclude the Board from making and levying a rate under section 29, 29A, 29u, 29c or 29E with respect to land not assigned to a sugar-mill or with respect to land within the area assigned to a sugar-mill but used at the material time for growing crops other than sugar-cane. (2) The Board may in each calendar year make and levy an assessment- (a) on every ton of sugar-caiie received at a sugar-mill during the crushing season (the period in the year during which sugar-cane is received and crushed); or

42 Water Act and Another Act Amendment Act 1973, No. 10 (b) on the proportion of the mill peak that relates to assigned land in the Area, allotted at the material time to a sugar-mill under The Regulation of Sugar Cane Prices Acts 1962 to 1966. (3) The Board shall from time to time by notice in writing to owners of sugar-mills- (a) make provision for payment by them of assessments made and levied under this section by periodical instalments or otherwise; and (b) fix the times when payment of those assessments or periodical instalments shall be made to the Board. (4) Every owner- of a sugar-mill shall, in the first instance, pay to the Board the amount of any assessment (or instalment thereof) made and levied under this section in respect of any crushing season. (5) A - finder sub tion (°) r" '-mmaaddee- (a) in -^se of an assessment re' in paragraph (a) of sa 'section (2) on the ar n r of tons of sugar-cane received duri, t' cru, sc on (or .in the case of a periodical C e relev .nt part of the crushing season) at the sugar-mill; and (b) the cas of any assessment made and i u; :ler of subsection (2) at the time: f by the i gent thereof or of any periodical.' s.lment (6) perio4h .' sug dt: ` ^ , se. ,: by t ; ;nt under this. section (inclr ; ° PrPof) shall be pa'r by th- of the sugar-cg 1 Counn vying of - e l ery (: the )rtions Council (7) Notice in w.i',><. of any assess...-i..' spade and levied under this section in any calendar year shall be given to each owner of a sugar-mill prior to the thirty-first day of M- , in that year. ( 8 ) Any portion of an assessment made this section and any portion of a periodic, assessment so made and levied not duly paid to be a debt due to the Board by tht owner of tl ; s may be recovered at the suit of the Board by action in competent jurisdiction. co€ (9) The owner of a sugar-mill with respect to any moneys payable by the grower of the sugar-cane under this section-- (a) may deduct the amount thereof from any moneys due by him to that grower, and that entitlement shall continue notwithstanding any change in the ownership of those moneys; (b) may recover the amount thereof from that grower by action in any court of competent jurisdiction,"

Water Act and Another Act Amendment Act 1973, No. 10 43 11. New stion 29g. The Principal Act is amended by inserting after section 29D the following section:- " 29E. Additional or alternative rate for water. Where the works in respect of which an Area is constituted are for the purpose or include the purpose of replenishing the subterranean water supply of the Area, the Board may make and levy in respect of any land, the owner or occupier of which takes water from surface water contained within the Board's works or from surface or subartesian water sources supplied or supplenIented by or from the Board's works, a rate fixed on such basis and such terms and conditions as the Board determines, in addition to or in the stead of any other rate or assessment that may be made and levied by the Board under this Act.". 12. Repeal of and new section 30. Section 30 of the Principal Act is repealed and the following section inserted in its stead:- " 30. Powers of the Commi ssioner in res pec t of rates and assessments. If in the opinion of the Commissioner the rates and assessments made by the Board are insufficient for the purpose of raising the sums of money necessary to enable the Board during the period for which they are to be levied to carry on its operations and fulfil its obligations, the Commissioner may, by notice in writing, direct the Board within the time set out therein to make and levy rates and where applicable assessments, pursuant to section 29D, and the Board shall make and levy forthwith rates or, as the case may be, assessments in accordance with the direction of the Commissioner.". 13. Amendment of s. 36A. Section 36A of the Principal Act is amended by- (a) omitting from the note appearing at the beginning of the section the word " statutory "; (b) omitting the words " or statutory corporation " and inserting in their stead the words ", corporation sole or body corporate "; (c) omitting the words " or corporation " where they occur and inserting in their stead in each case the words ", corporation sole or body corporate ". U. Amendment of The Irrigation Acts 1922 to 1965. (1) The Irrigation Acts 1922 to 1965 are amended by- (a) in section 11, adding to subparagraph (c) the words "or the Commissioner "; (b) repealing section 15B and inserting in its stead the following section:-,, 158. Leases of land. The Commissioner may lease any land vested in him or set apart for the purposes of this Act or acquired by him under section 15A, that is not being used for the time being for the purposes of this Act."; (c) in the schedule, in Part II, inserting after clause 33 the following clause:- " 33A. Charges on owner of sugar-mill. Fixing the scale of charges to be paid by the owner of a sugar-mill, to which is assigned lands situated within an Area, as a contribution to the capital,

44 Water Act and Another Act Amendment Act 1973, No. 10 operation or maintenance costs of works supplying water or power to those lands, and providing with respect to the payment of those charges and the recovery thereof.". (2) The Irrigation Acts 1922 to 1965 as amended by this section may be cited as the Irrigation Act 1922-1973.