Water Acts Amendment Act of 1961 (10 Eliz ll No. 8) (Qld)

544 ~uccnslunb ANNO DECIMO ELIZABETHAE SECUNDAE REGINAE. '••••t••••••••••••••••••••oo•••••••••••ee••o,••••• An Act to Amend "'fhe Water Acts, 1926 to 195'7," in certain particulars. [ASSENTED TO 24TH MARCH, 1961.] B E it enacted by the Queen's Most 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:- Short title. 1. (1.) This Act may be cited as "The Water Acts Amendment Act of 1961." APrcitn. cipal Act ( r2e.f)er " r T ed he to W as ate t r he A P ct r s i , nc1i9p2a6l A to ct1. 957," are in this Ctitollel.ective colle(c3t.i)veTlyhecitePdrinacsip " a T l he Ac W t at a er nd Act t s h , is192A6c t t o 1m9a6y1." be !':!~~A 2. After section five of the P1·incipal Act the following section is inserted :- :::l:11~ "[5A.] (1.) Notwithstanding "The ForestryAct of water- 1959," or any other Act, where any watercourse or lake ctooubreseus, nd & e o r ., or any part of any watercourse is- contro~ of (a) Within Crown land under and within the ~~::,is· meaning of" The Land Acts, 1910 to 1959"; or

1961. Water Acts Amendment Act. 545 (b) Within land (other than land comprised in a St.ate Forest, Timber Reserve, National Park or Scenic Area under and within the meaning of " The Forestry Act of 1959 "), reserved for or dedicated to any public purpose under " The Land Acts, 1910 to 1959," or any other Act, the bed and banks of such watercourse, lake or part shall vest in and be under the control of the Commissioner. (2.) Without limiting the generality of the power to make regulations conferred by section seventy-seven of this Act, the power to make regulations includes and shaH be deemed always to have included power to make regulations- (a) Prescribing, regulating and controlling the taking and getting of earth, soil, stone, gravel, sand, rock, clay or other material in or on the bed and banks of watercourses 8,nd lakes which are vested in and under the control of the Commissioner ; and (b) Prescribing, regulating and controlling applications for the granting (whether subject to conditions or otherwise), issuing, renewal, forfeiture, cancellation and suspension of permits or licenses authorising the taking and getting of earth, soil, stone, gravel, sand, rock, clay or other material specified in pa.ragraph (a) of this subsection. 3. Section twelve of the Principal Act is amended- ~endmenta (a) By omitting from subsection four the last of B, 12• paragraph; and (b) By inserting at the end of subsection four the following subsections :- " (4A.) If the applicant or any objector is dissatisfied with the decision of the Commissioner upon an application under this section, he may within thirty days after receipt by him of notice of the decision appeal to the La11d Court and thereupon the Court shall hear and determine the matter and may confirm, vary or revoke the decision of the Commissioner. 18

546 Water Acts Amendment Act. 10 ELIZ. II. No. 8, (4B.) An appeal under subsection 4A of this section shall be instituted by filing in the Land Court registry a notice of appeal. Such notice shall state the grounds of appeal and the appeal shall be limited to the grounds so stated, and the burden of proving any and every such ground shall be upon the appellant. The appellant shall forthwith, after filing such notice in the Land Court registry, serve a copy thereof on the Commissioner. (4c.) The jurisdiction of the Court to hear and determine an appeal under this section shall be and is hereby vested in one member only whose determination shall be final. An appeal shall not lie to the Land Appeal Court or to any other Court or Tribunal from the determination of the Court upon an appeal under this section nor shall any determination be reviewed, quashed or otherwise called in question in any proceeding whatsoever. (4n.) The Court shall cause its decision upon an appeal to be certified in writing by the registrar of the Court to the Commissioner, and the Commissioner shall give effect thereto." Amendment ofs. U, 4. Section fourteen of the Principal Act is amended by omitting paragraph (c) of the proviso and inserting in its stead the following paragraph :- "(c) If the holder of the license is dissatisfied with the requirements of any notice under this section he may, within thirty days after service of that notice upon him, appeal to the Land Court and thereupon the Court shall hear and determine the matter and may confirm, vary or cancel the notice. An appeal under this paragraph (c) of the proviso to this section shall be instituted by filing in the Land Court registry a notice of appeal. Such notice shall state the grounds of appeal and the appeal shall be limited to the grounds so stated, and the burden of proving any and every such ground shall be upon the appellant.

1961. Water Acts Amendment Act. 547 The appellant shall forthwith, after filing such notice in the Land Court registry, serve a copy thereof on the Commissioner. The jurisdiction of the Court to hear and determine an appeal under this paragraph (c) shall be and is hereby vested in one member only whose determination shall be final. An appeal shall not lie to the Land Appeal Court or to any other Court or Tribunal from the determination of the Court upon an appeal under this paragraph (c) nor shall any determination be reviewed, quashed or otherwise called in question in any proceeding whatsoever. The Court shall cause its decision upon an appeal to be certified in writing by the registrar of the Court to the Commissioner and the Commissioner shall give effect thereto." 5. After section seventeen of the Principal Act New es. I7A, the following sections are inserted :- I7n. " [17 A.] Subject to " The Land Acts, 1910 to 1959," Power to the Governor in Council may, in the name of Her grant land8" Majesty, grant in fee-simple to the Commissioner any Crown land required by the Commissioner for the purposes of this Act. [17B.] (1.) The Minister may acquire by agreement Acquisition or resumpt1. 0n any 1 and wh"ICh , I.n the opm. 1.0n of th e ofland. Minister, is required for the purposes of this Act. (2.) In respect of the acquisition by resumption of any land the Minister shall have and may exercise the powers and authorities had by the Crown as a constructing authority under " The Public Works Land Resumption Acts, 1906 to 1955," and, subject to this section, those Acts shall apply and extend accordingly. (3.) Section six and paragraph (i.) of section seven of " The Public Works Land Res-umption Acts, 1906 to 1955," shall not apply or extend to or with respect to

548 Water Acts Amendment Act. 10 Euz. IL No. 8, land proposed to be taken by the Minister under this section but, in lieu of the said seotion six, the following provisions shall apply :- When the Minister proposes to acquire by resumption under this section any land he shall, not less than thirty clear days before the Proclamation in respect of that land prescribed by paragraph (iL) of section seven of "The Public Works Land Resumption Acts, 1906 to 1955," is made, serve upon the owner, lessee or occupier and any and every other person who to his knowledge is entitled under section fifteen of that Act to make a claim for compensation, a notice- (a) Ste,ting that, pursuant to the power had by him under this section to acquire by resumption land, he proposes to take that land; and (b) Containing a description of that land sufficiently identifying it, but the Minister nood not state in the notice the purpose for which he proposes to take the land. (4.) In the application of section 12A of " The Public Works Land Resumption Act.~, 1906 to 1955," to the taking by the Minister of any land under this section, that section 12A shall apply with and subject to the following modifications:- (a) The right of election to discontinue a reBumption with respect to the whole or to continue a resumption with respect to part only of any land the subject of a notice under subsection three of this section mav be exercised by the Minister at any time after that notice shall have boon served but not later than three months after the compensation payable in respect of the taking of the land shall have been finally determined ; (b) The :M1nister need not notify his election to continue with a resumption in full, it being hereby declared that he shall be deemed to continue in full any and avery resumption unless he shall have duly elected to either discontinue, or continue in respect of part only of the land, that resumption ;

1961. Water Acts Amendment Act. (c) As if in subsection six of the said section 12A the words " one year " were omitted and the words " six months " inserted in their stead. (5.) A notice under subsection three of this section may be served personally or by post, and for the purpose ofservice by post such a notice shall be properly addressed if it is addressed to the place of abode or business address of the person to be served therewith last known to the Minister. (6.) The omission by the Minister to serve upon any person entitled thereto a notice as prescribed by subsection three of this section shall not affect any Proclamation made under paragraph (ii.) of section seven of "The Public Works Land Resumption Actc, 1906 to 1955," with respect to any land, and land included in any such Proclamation shall be deemed to be taken in terms thereof notwithstanding any such omission but a person entitled thereto who is not served by the Minister with a notice as prescribed by subsection three of this section may claim compensation at any time within three months after the making of the Proclamation taking the land in question comes to his knowledge. (7.) Subsection three of Ecction eight of "The Public Works Land Resumption Acts, 1906 to 1955," shall, with and subject to all necessary adaptations, apply to and with respect to any notice under subsection three of this section as well as to any Proclamation taking land. (8.) Land acquired by agreement or taken by the Minister under this section shall become and be Crown land. (9.) The claim for compensation of the trustee or trustees of any land in respect of the taking of the same by tho Minister under this section shall be limited to the amount of actual damage caused to the trust by reason of the taking, and no such trustee shall have any other right, remedy or claim whatsoever in respect of such taking against the Crown, the Minister, the Commissioner or any other person whomsoever, and this section, " The Public Works Land Resumption Act.s, 1906 to 1955," and every other relevant Act, law, rule or practice of law shall be read and applied subject to this subsection. 549

550 Water Acts Amendment Act. 10 ELIZ. II. No. 8, (10.) Notwithstanding anything contained or implied in any Act, law, rule or practice of law, in assessing the compensation to be paid for or in respect of any land taken by the Minister pursuant to this section, the enhancement or prospective enhancement in the value of that land resultant or likely to be resultant from the carrying out or prospective carrying out of any works or purpose for which the land is taken shall be entirely disregarded. (11.) Section twenty-five of "The Public Works Land Resumption Acts, 1906 to 1955," shall apply so that the power thereby conferred upon the Governor in Council to grant land shall include power (without certification by the Land Court as prescribed by that section) to demise land for such leasehold estate as the Governor in Council deems appropriate in the circumstances.'' Amendments of S. 73A. 6. Section 73A of the Principal Act is amended- (a) By inserting in the first paragraph, after the words " Land Court together with ", the words " the Commissioner or a person duly authorised in writing by the Commissioner and '' ; (b) By omitting from the second paragraph the words "abovementioned members" and inserting in their stead the words "persons to whom the matter has been referred '' ; (c) By omitting from the second paragraph the word "members" where that word secondly occurs and inserting in its stead the word " persons " ; (d) By omitting from subparagraph (c) of the second paragraph the words "(which land is hereby declared to be Crown land within the meaning of " The Land Acts~ 1910 to 1937 ") " ; (e) By adding at the end thereof the following paragraphs :- " The land formed by any reclamation under this section shall become and be Crown land within the meaning of " The Land Acts, 1910 to 1959," save where prior to the reclamation the bed and banks of the watercourse or lake the subject of the reclamation was

10 ELIZ. II. No. 8, 1961. Water Acts Amendment Act. the property of the owner of the land through which the watercourse flowed or whereon the lake was situated, when the reclaimed land shall be and remain the property of that owner. The watercourse or lake as diverted under this section shall upon completion of the diversion be a watercourse or lake under and within the meaning of this Act." 551 By Authority: S. G. REID, Government Printer, Brisbane-1961