Water Acts Amendment Act of 1936 (1 Edw Viii No. 7) (Qld)

WATER. 1 EDW. VII]. No. 7, 1936. Water Act.s Amendment Act. WAGES ATTACHMENT. See LABOUR (4). WATER-IRRIGATION AMENDMENT. See LANDS (1). . 16379 WATER. An Act to Amend" The Water Acts , 1926 to 1931 , " 1ED N w o. . V 7. III. as Amended by H The Irrigation Acts TA Amendment Act of 1933 , " in certain A r C ! T O ~ F ~ 19 ~ 36. particulars. [ASSENTED TO 15TH OCTOBER, 1936.] B E it enacted by the King's l\fost 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;- 1. This Act may be cited as " The Water Acts Short title Amendment Act of 1936," and shall be read as one with and t t' *" The Water Acts, 1926 to 1931," as amended by t" The cons ruc Ion. Irrigation Acts Amendment Act of 1933," herein collectively referred to as the Principal Act. The Principal Act and this Act may collectively be cited as " The Water Acts, 1926 to 1936." Amendments of the Principal Act. 2. Section one of the Principal Act is amended by Amendment inserting, after" PART VI.-PUBLIC WATERING PLACES," of s. 1. the words "PART VI.A-WATER AUTHORITY OR LOCAL AUTHORITY WORKS." 3. Section three of the Principal Act is amended, as Amendment follows ;- . of s. ;J. (i.) In the definition of "Area," after the words Area. " artesian well area," the words "or sub-artesian well area" are inserted. * 17 Geo. V. No. 12 and amending Acts, supra, pages 11733 et seg. t 24 Geo. V. No. 21, supra, page 14793.

16380' WATER. Water Acts Amendment Act. 1 EDw. VIII. No. 7, Works. (ii.) In the definition of " Works," after the words "artesian wells," the words "sub-artesian wells" are inserted. Amendment of B. 4. 4. Section four of the Principal Act is amended, as follows :- In paragraph (c) of subsection one the wora.s " Any other" are repealed and the words" Any sub-artesian well and any other" are inserted in lieu thereof. Amendment 5. Section seventeen of the Principal Act is amended, of B. 17. as follows : - In subsection five, after the word "artesian," the ·words " or sub-artesian" are inserted. Amendment 6. Section eighteen of the Principal Act is amended, of 8. 18. as follows:- (i.) In paragraph (h), after the word" artesian," the words " or sub-artesian" are inserted. (ii.) In paragraph (i), after. the word "artesian," the words "or sub-artesian" are inserted. . New Part 7. The following Part and sections are inserted VneLwAsas.nd54A after section fifty-four of the Principal Act, as follows : - and 54B. "PART VI.A-WATER AUTHORITY OR LOCAL AUTHORITY WORKS. Construction [54A.] Notwithstanding anything contained in *" The C~ : :~ ~ by Water Authorities Acts, 1891 to 1931," or in this Act or Bioner. in any other Act, in any case where a Water Authority or a Local Authority which is a Water Authority under the Water Authorities Acts is about to construct waterworks of whatever nature under the Water Authorities Acts, or where a Local Authority is about to construct any sewerage and/or drainage works under the Local Authorities Acts, the Commissioner is hereby given full power and authority, with the approval of the Minister, to construct any such waterworks, drainage, and/or sewerage works for and on behalf of any Water Authority or Local Authority concerned. Any such work shall be undertaken by the Commissioner on such terms, provisions, conditions, and stipulations (including security for the payment for such work) as shall be agreed upon between the Water Authority or Local Authority concerned and the Commissioner with the approval of the Minister. * 55 Vic. No. 11, 12 Geo. V. No. 11, and 22 Geo. V. No. 46, 8upra, pages 3536, 9800, and 14034.

1936. WATER. Water Acts Amendment Act. 163'81 Any such agreement shall be and be deemed to be a contract entered into by the Commissioner under and in accordance with this Act. [54B.] Where under any Act, law, statute, or Inspection. agreement any Local. Authority or Water Authority ~ ~ ~ ~ s. shall have constructed prior to the passing of *" The sioner. Water Acts Amendment Act of 1936" or subsequent to such Act any waterworks under t" The Water Authorities Acts, 1891 to 1931," or works under this Act, or any sewerage and/or drainage works under the Local Authorities Acts or under this Act, and in connection with the cost of construction of same the Government has assisted or shall hereafter assist any such Local Authority or Water Authority by means of a loan or subsidy or a loan and subsidy or by guaranteeing any loan, it shall be the duty of such Local Authority or Water Authority concerned to keep all such works in a reasonable state of repair. At any time and from time to time the Commissioner may enter upon any such works or any premises whereon same are situated and may inspect same. Upon any such inspection if it appears to the Commissioner that any such works are not in a reasonable state of repair he may require the Local Authority or Water Authority concerned to do and execute within such time as he shall direct all such acts, matters, and things as shall in his opinion be necessary in order to place such works in a reasonable state of repair : Provided that the Commissioner may in his absolute discretion extend such time as aforesaid for such further period as he thinks fit. If the Local Authority or Water Authority concerned fails within the time directed by the Commissioner and/or any further period thereafter allowed by him to do and execute all such acts, matters, and things as may be so ordered by the Commissioner, the Commissioner may himself do and execute all such acts, matters, and things and may recover the cost thereof from the Local Authority or Water Authority as a debt by action in any court of competent jurisdiction." * 1 Edw. VIILNo. 7 (this Act). t 55 Vie. No. 11 and amending Acts, supra, pages 3536 et seq.

16382 WATER. - - - ~ ~ ~ - - - - ~ - -~ - -- - -- - - ~ - - - ~ - - - - - ~ - - - - - - Water Acts Amendment Act. 1 EDw. VIII. No. 7, New s. 540. 8. The Principal Act is hereby amended by the insertion therein after the headnote " PART VII.- ARTESIAN AND SUB-ARTESIAN WELLS OR BORES," and before section fifty-five thereof, of the following new section 540, namely:- 'Operation of " [540.] Notwithstanding anything in this Act ~ ~ f! tfo, : \ ~ n contained, the provisions of this Part VII. of this Act sub·artesian shall, in relation to sub-artesian wells, be in force only wells. in such districts as the Governor in Council shall, from time to time, by Order in Council declare." Amendment 9. Section fifty-five of the Principal Act is amended, of s. 55. as follows:- (i.) A new subsection lA is inserted after subsection one of the Principal Act, as follows :- " (lA.) No sub-artesian well shall be commenced, and no sub-artesian well existing at the passing of *" The Water Acts Amendment Act of 1936" or thereafter constructed shall be enlarged, deepened, or altered in any manner unless- (a) By the Commissioner as the authorised officer of the Crown; or (b) In pursuance of a license under this Act." (ii.) In the sidenote, after the word "Artesian," the words" and sub-artesian" are inserted. (iii.) Subsection two is repealed and the following subsection two is inserted in lieu thereof, as follows :- "(2.) If any person contravenes this section the said person and the owner of the artesian or sub-artesian well in respect of which the contravention has occurred shall each be liable in the case of an artesian well to a penalty not exceeding five hundred pounds and a further daily penalty not exceeding twenty-five pounds, and in the case of a sub-artesian well to a penalty not exceeding fifty pounds and a further daily penalty not exceeding five pounds." (iv.) The following new subsection three is inserted, as follows :- " (3.) Where a conviction is obtained in respect of the sinking of an artesian well or sub-artesian well, the occupier of the land whereon such well is situated may by order of any police magistrate be directed to fill in * 1 Edw. VIII. No. 7 (this Act).

WATER. 16383 1936. Water Acts Amendment Act. such well and dismantle and remove any plant or machinery that may be installed or erected in connection therewith for lifting or pumping water therefrom within a period to be fixed in any order of the police magistrate. If such occupier fails or neglects to comply with any order of a police magistrate, the Commissioner may fill in such well and dismantle and remove all and any plant and machinery installed or erected in connection therewith and all costs and expenses incurred by the Commissioner in doing so shall be paid by such occupier, and in default of such payment within Jourteen days after he has been required by the Commissioner to pay the amount thereof the Commissioner may proceed to recover such costs and expenses from him in any court of competent jurisdiction." 10. Section fifty-six of the Principal Act is amended, Amendment as follows :_ of s. 56. (i.) In subsection one, after the word" artesian," where such word twice occurs, the words" or sub-artesian" are respectively inserted. (ii.) In subsection two, after the word" expedient," the following words are inserted, namely:- "Provided that before making any inquiry as aforesaid the Commissioner shall require from the applicant a deposit of money in such amount as he considers reasonably sufficient to defray the expenses to be incurred by him in respect of such inquiry." (iii.) The following further proviso is added to subsection three, as follows :- "Provided that the Commissioner may in his discretion refuse to issue any such license." (iv.) In subsection six, after the word" artesian," the words " or sub-artesian" are inserted. 11. A new section 57A is inserted after section New s. 57A. fifty-seven of the Prindpal Act, as follows:- " [57 A.] Within a period of six months after the Existing. date of the passing of *" The Water Acts Amendment A . ctsu w b e . l a ls rtetosHble,n of 1936" every owner or occupier of land upon whICh licensed. there exists a sub-artesian well and works connected therewith, whether such well and works were constructed before the passing of *" The Water Acts Amendment Act * 1 Edw. VIII. Ko. 7 (this Act).

16384 WATER. ~ ~~ - ~- ~ . - ~~ . -~ - -~ - -- - -- - - Water Acts Amendment Act. 1 EDW. VIII. No. 7, of 1936" or partly before and partly after such lastmentioned Act, or whether or not such well and works were constructed under a license granted under any Act or law prior to the passing of *" The Water Acts Amendment Act of 1936," shall notify the Commissioner in writing of the existence of such well and works, and shall apply for a license (or a fresh license in any case where a license under any Act or law prior to the passing of *" The Water Acts Amendment Act of 1936" is subsisting) in the form prescribed in respect of such well and works. The provisions of section fifty-six of this Act shall apply to every such application as if the application were for a new well or work. Any person refusing or failing to comply with the provisions of this section shall be liable to a penalty not exceeding one hundred pounds." Amendment 12. Section fifty-eight of the Principal Act is of s. 58. amended, as follows : - In subsection one, after the word "artesian," the words " or sub-artesian " are inserted. oAfms. en5d9.ment amen 1 d 3 ed . , Saesctfioolnlowfisft:y--nine of the Principal Act is In subsection one, after the word "artesian," the words" or sub-artesian" are inserted. Aofm s. en60d.ment as f . o 1 l 4 lo . wSse: c-tion sixty of the Principal Act is amended, After the word "artesian," the words "or sub-artesian " are inserted. Amendment 15. Section sixty-one of the Principal Act is of s. 61. amended, as follows : - (i.) Subsection one is repealed and the following new subsection one is inserted in lieu thereof, namely :- " (1.) If the Commissioner is of opinion that the water from any artesian or sub-artesian well, whensoever nonstructed- (a) Is being improperly used; or * 1 Edw. VIII. No. 7 (this Act).

1936. WATER. Water Acts Amendment Act. 16385 (b) Is being wasted, and either by neglect or failure to effect repairs or alterations reason- ably necessary for the proper maintenance of such artesian or sub-artesian wells, or by any other cause; or (c) Is not being utilized to the best advantage, he may, upon giving thirty days' notice of his intention so to do, direct the partial closing of such work or direct such other precautions (including any reasonable repairs and alterations) to be taken as he deems necessary to prevent such improper use or waste or to provide for the better utilization of such water." (ii.) In subsection three, after the word" artesian," the words "or sub-artesian" are inserted. (iii.) In the sidenote, after the word "artesian," the words "or sub-artesian" are inserted. 16. Section sixty-two of the Principal Act is oAfms. en6d2m. ent amended, as follows :- (i.) In subsection one, after the words "from an artesian well," the words "or supplied from a sub- artesian well" are inserted; also, after the words "whereon the artesian," the words" or sub-artesian" are inserted. (ii.) In subsection three, after the words" whereon the artesian," the words "or sub-artesian" are inserted. (iii.) In subsection five, after the words" whereon the artesian," the words "or sub-artesian" are inserted. (iv.) In subsection six, after the words" twenty-five pounds," the words" and in the case of a sub-artesian well to a penalty not exceeding fifty pounds and a further daily penalty not exceeding five pounds" are added to the said subsection. 1 7. Section seventy-three of the Principal Act is Amendment amended, as follows :_ of s. 73. In subsection one, after the words" artesian well," where such words twice occur, the words" or sub-artesian well" are respectively inserted.

16386 WATER. Water Act8 Amendment Act. 1 EDW. VIII. No. 7, 1936. Amendments of the Schedule. A of m P e a n r d t m I. ent IS am 1 e 8 n . de (1 d . , ) aPsarfot l I lo . wosf t;h-e Schedule of the Principal Act Amendment In subclause two of clause fiJteen, after the words of c. 15(2). " artesian well," where such words twice occur, the words " or sub-artesian well" are respectively inserted. A of m P e a n r d t m n e . nt is am( 2e. n) dPeda, rtas n f . ololofwtsh; e - Schedule of the Principal Act Amendment (a) In clause twenty-eight, after the word "artesian," of c. 28. the words" and sub-artesian" are inserted. New (b) A new clause 30A is inserted after clause thirty, clause 30A. as follows;- Further "[30A.] Prescribing an annual license fee for any rpersopveiscitoons in licen f se or . the renewal of any license for any . work in c.ertain respect of whICh or in respect of any work anCIllary to hcenses. which the Crown has expended any moneys, and whether for the provision of such work or ancillary work or for any. service in connection with such work or ancilhtry work." Amendment (c) In clause thirty-one, after the word "artesian," .of c. 31. the words "or sub-artesian" are inserted. Amendment (d) In clause thirty-two, after the word" artesian," of c. 32. the words "or sub-artesian" are inserted. WHALING. See FISHERIES. WOOL DRAFT ALLOWANCE ABOLITION. See MERCANTILE. WOOL RELIEF RENTS. See LANDS (1). WORKERS' COMPENSATION AMENDMENT. See LABOUR (2).