Water Acts Amendment Act of 1964 (Qld)

743 (lattrrtts(uttt ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 69 of 1964 An Act to Amend "The Water Acts, 1926 to 1961," in certain particulars [ASSENTED TO 24TH DECEMBER, 1964] 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. (1) Short title . This Act may be cited as " The Water Acts Amendment Act of 1964." (2) Principal Act. " The Water Acts, 1926 to 1961," are in this Act referred to as the Principal Act. (3) Collective title . The Principal Act and this Act may be collectively cited as " The Water Acts, 1926 to 1964." 2. Amendment of s. 1 . Section one of the Principal Act is amended by repealing the numeral and words " PART VIII--INDIVIDUAL AND GROUP WATER SUPPLIES ; ".

744 Water Acts Amendment Act of 1964, No. 69 3. Amendments of s. 3. Section three of the Principal Act is amended by- (a) inserting after the definition " Construct " the following definition.- " " Crown holding "-Land held under " The Land Acts, 1962 to 1963," as Brigalow Lease, Grazing Selection, Settlement Farm Lease, Pastoral Lease, Stud Holding or Special Lease or by way of Occupation License granted in priority to a late lessee in respect of an expired Pastoral Lease, Grazing Selection or Settlement Farm Lease and land held as Stud Holding comprising land which was opened under the provisions of section 16A of " The Land Acts Amendment Act of 1927," or Forest Grazing Lease: The term includes such other land, being land subject to any lease or license lawfully granted by the Crown, as may be prescribed by the Governor in Council by Order in Council;"; (b) omitting the definition " Crown Land " and inserting in its stead the following definition:- " " Crown land "-All land in Queensland, except land which is, for the time being- (a) lawfully granted or contracted to be granted in fee-simple by the Crown; or (b) reserved for or dedicated to public purposes; or (c) subject to any lease or license lawfully granted by the Crown: Provided that land held under an occupation license shall be deemed to be Crown land; or (d) set apart and declared as a State Forest, National Park, Scenic Area or Timber Reserve or deemed so to be; "; (c) inserting after the definition " Lake " the following definitions:- " " Land Administration Commission "-The Land Administration Commission constituted for the time being pursuant to " The Land Acts, 1962 to 1963 "; " Land Commissioner "-The Land Commissioner, appointed under " The Land Acts, 1962 to 1963 " for the district in which the land in question is situated: The term includes an Acting Land Commissioner and a Deputy Land Commissioner for that district; (d) inserting after the definition " Machinery " the following definition:- " Minniinngg Acts "-" The Mining Acts, 1898 to 1955," " The Mining for Coal and Mineral Oil Acts, 1912 to 1941," " The Petrolewn Acts, 1923 to 1962," " The Coal Mining Acts, 1925 to 1964," " The Mining on Private Land Acts, 1909 to 1956," or any regulations thereunder: The term does not include " The Miners' Homestead Leases Acts, 1913 to 1964," and the regulations thereunder;" ;

Water Acts Amendment Act of 1964, No. 69 745 (e) inserting after the definition " Prescribed " the following definitions:- Quarry material "-Includes any of the following materials not being a mineral within the application of The Mining Acts or any regulation thereunder, namely stone, gravel, sand, rock, clay, earth and soil; "Rate "-A rate levied or made by a Board pursuant to this Act or a by-law made under this Act: The term also includes a charge levied or made by a Board pursuant to this Act or a by-law made under this Act;". 4. Repeal of s. 5A and insertion of new ss . 5A, 5B, 5C, 5D and 5E. The Principal Act is amended by repealing section 5A and inserting in its stead the following sections:- " [5A.] Dealing in quarry materials. Notwithstanding anything contained in " The Forestry Acts, 1959 to 1964," or in any other Act all quarry material within that part of a watercourse or lake- (a) vested in the Commissioner; (b) situated on Crown land; (c) situated in lands reserved for or dedicated to public purposes being those purposes or objects included in the term " Public purposes " within the meaning of " The Land Acts, 1962 to 1963 "; (d) situated on a Crown holding, shall vest in and be under the control of the Commissioner. Such quarry material is referred to in this Act as " controlled quarry material ". [5B.] Interfering with controlled quarry material . A person shall not interfere with, or cause to be interfered with any controlled quarry material except- (a) under the authority of any other Act or law; or (b) under the authority of and in compliance in every respect with the requirements of a permit, license, agreement or contract granted or made under this Act. [ 5C.] Commissioner may permit removal of controlled quarry material. (1) The Commissioner may from time to time, under, subject to and in accordance with this Act and the regulations made in that behalf, authorize the taking and getting of controlled quarry material. (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 power to make regulations prescribing, regulating, and controlling applications for the granting (whether subject to

746 Water Acts Amendment Act of 1964, No. 69 conditions or otherwise), issuing, renewal, forfeiture, cancellation, and suspension by the Commissioner of permits or licenses authorizing the taking and getting of controlled quarry material and prescribing such person or persons as may in addition to the Commissioner discharge all (or such of them as may be specified) the powers and authorities vested pursuant to such regulations in the Commissioner. [5D.] Taking of quarry materials on Crown holdings . ( 1) Before dealing with any controlled quarry material on or in any Crown holding the Commissioner shall- (a) submit to the Land Administration Commission his proposals with respect thereto and obtain the consent of that Commission; and (b) if the Land Administration Commission consents in a case where the taking and getting is by a person other than the lessee of the Crown holding give to that lessee a notice in writing of his proposal and containing or accompanied by a diagram, description, or other sufficient identification of the land or part thereof whereon or wherein the controlled quarry material is proposed to be dealt with and requiring the person to whom the notice is given to lodge, in writing, within fourteen days (or such longer period as may be stated in the notice) after the notice is so given, with the Commissioner any objection such person may have to the proposed dealing: Provided that the provisions of this paragraph shall not apply in the case where the controlled quarry material, the subject of the proposal, is required by the Department of Main Roads for use in the construction, widening or straightening of roads. (2) If objection in writing to a proposed dealing by the Commissioner of controlled quarry material is not made in compliance with the requirements of the notice to the lessee as aforesaid, the Commissioner may, having obtained the consent of the Land Administration Commission proceed with the dealing notwithstanding that the lessee has not consented thereto. If such an objection is made, the Commissioner shall submit the matter of the proposed dealing to the Land Commissioner for inquiry thereinto in his Court and the making of his recommendation thereon through the Commissioner to the Minister. (3) Upon receipt of the Land Commissioner' s recommendation the Commissioner shall submit to the Minister that recommendation together with his own recommendation on the matter- (a) that the objection be upheld and the dealing with the controlled quarry material be not proceeded with; or (b) that the objection be over-ruled and the dealing with the controlled quarry material be proceeded with subject to such provisions, conditions and restrictions as he recommends. (4) The Minister shall have power to determine the question whether or not the controlled quarry material should be so dealt with. The Minister, if he determines that the controlled quarry material should be dealt with may require that the same shall be dealt with subject to such provisions, conditions and reservations as he deems proper.

Water Acts Amendment Act of 1964, No. 69 747 The Minister's determination of the question shall be final and effect shall be given thereto. (5) The provisions of " The Land Acts, 1962 to 1963," with all necessary adaptations thereof for the purposes hereof, shall apply with respect to every inquiry by any Land Commissioner in his Court under this section as if it were an inquiry by the Land Commissioner under those Acts. [ 5E.] Power of entry on Crown land or holding under license or permit. (1) A permit or license granted pursuant to this Act and the regulations made thereunder in respect of controlled quarry material on Crown land or land comprised in a Crown holding shall confer upon the permittee or, as the case may be, licensee, subject to this Act and to the conditions and reservations subject to which the permit or license is granted, rights to enter (with such agents, assistants, plant, vehicles, animals, and equipment as are necessary for the purpose for which the permit or license is granted) upon the land comprised in a Crown holding in, into, over, upon and out of which it is necessary to pass for the purpose of exercising or enjoying the aforesaid rights of entry upon the land in relation to which the permit or license is granted and to carry out on the land in relation to which the permit or license is granted, all operations necessary for the purpose for which the permit or license is granted. Such rights to enter shall include such right of ingress, egress, and regress in, into, over, upon and out of a.s may be necessary in the circumstances: Provided that the permittee or licensee shall be liable in damages for any injury done by him or any of his agents or assistants to any cultivated land, crops, or other improvements whatsoever the property of any other person on any land over or on which he so enters or passes. (2) The selector, lessee, or holder of the land, other than the land in relation to which the permit or license is granted, may give directions regarding the route or track by or over which the permittee or licensee shall pass for the purpose of exercising the right of entry conferred by this section in relation to such land, and the permittee or licensee shall comply in all respects with any directions so given unless or until the direction is altered, varied or cancelled by a determination of the Minister under subsection (3) of this section. If any dispute arises as to the necessity of entry upon such land for the purpose of giving effect to this section or as to the route or track by or over which the right of entry shall be exercised, the matter shall be submitted by the Commissioner to the Land Commissioner for inquiry thereinto in his Court and the making of his recommendation thereon through the Commissioner to the Minister. Upon receipt of the Land Commissioner's recommendation the Commissioner shall submit to the Minister that recommendation together with his own recommendation on the matter. (3) The Minister shall have power to determine the question whether or not entry upon the land in question is necessary for the purposes of giving effect to this section, and, if he decides that question in the affirmative, or if the matter of the necessity of entry is not in dispute, the question as to the route or track by or over which the right of entry shall be exercised.

748 Water Acts Amendment Act of 1964, No. 69 The Minister, if he determines that entry is necessary upon the land in question, may require the right of entry be exercised subject to such conditions and reservations as he deems proper and by or over such route or track as he may direct. The Minister, if he determines the route or track by or over which the right of entry over the land in question shall be exercised, may require such right to be exercised subject to such conditions and reservations as he deems proper. The Minister's determination of any such question shall be final and the terms thereof shall be complied with in all respects by the parties to the dispute." 5. Amendment of s. 11A (4). Section 11A of the Principal Act is amended by in subsection (4) omitting in the second paragraph the words " to the Minister specified in subsection (4) of the said section twelve," and inserting in their stead the words " to the Land Court provided by subsection (4A) of the said section twelve ". 6. Amendments of s. 12. Section twelve of the Principal Act is amended by- (a) in subsection (5) adding the following paragraph:- " Without limiting the generality of the power of the Commissioner to determine the terms, limitations, and conditions to which the grant of a license shall be subject, the Commissioner may subject the grant of a license to all or any of the following conditions:- (a) that the licensee shall install the work for which the license is granted within a period determined by the Commissioner, which period shall be not less than twelve months from the date of the grant of the license; (b) (where the license is for a work to enable the diversion of water for irrigation purposes) that the licensee after installing such work shall to the satisfaction of the Commissioner beneficially use the water which he is entitled to divert under the license."; (b) in subsection (6) adding the following paragraphs:- " The Commissioner upon receiving an application to renew a license may notify the applicant that- (a) the application is granted; or (b) the application is granted subject to the license being varied by- (i) the amendment of any one or more of the terms or conditions; or (ii) the revocation of any one or more of the terms or conditions; or (iii) the addition of one or more terms or conditions; or (iv) reducing the amount of water that the holder of the license was validly entitled to use pursuant to the license at the date of the application; or (v) reducing the area of the land in respect of which the license was issued or, (where that area has since such issue been duly amended pursuant to this Act) in respect of the area as last amended; or (vi) a combination of two or more of the foregoing methods of variation; or (c) the application is refused.

Water Acts Amendment Act of 1964, No. 69 749 If the applicant does not appeal within the time herein provided the Commissioner shall renew or, as the case may be, refuse to renew the license in accordance with and subject to the notice given by him. If the applicant for the renewal of the license is dissatisfied with the decision of the Commissioner upon an application under this subsection, he may within thirty days after receipt by him of the notice of the Commissioner appeal to the Land Court and thereupon the Court shall hear and determine the matter and may confirm , vary or revoke the decision of the Commissioner. The provisions of subsections ( 4B), (4c ) and (4D ) of this section shall apply to an appeal under this subsection in all respects as if such appeal were an appeal under subsection ( 4A) of this section and to that extent those subsections shall extend and apply accordingly."; (c) adding the following subsections:- "(10) Notwithstanding anything contained in this Act , where the Commissioner is satisfied that the holder of a license has contravened or failed to comply with a condition of the license imposed by the Commissioner pursuant to the second paragraph of subsection (5) of this section he may by notice call upon such person to show cause why the Commissioner should not- (a) reduce the amount of water that the holder of the license was validly entitled to use pursuant to the license at the date of the notice by the volume therein specified; (b) reduce the area of the land in respect of which the license was issued or, (where that area has since such issue been duly amended pursuant to this Act) in respect of the area as last amended by the area therein specified; or (c) cancel the license, and where the holder of the license fails to show cause the Commissioner may deal with the license in accordance with the notice. The Commissioner shall forthwith notify the holder of the license or, (where a license was cancelled ) the person who was the holder of that license prior to such cancellation of his decision. (11) If the holder of a license or, (where a license was cancelled) the person who was the holder of that license prior to such cancellation is dissatisfied with the decision of the Commissioner under subsection (10) of this section he may within thirty days after receipt by him of the notification given pursuant to the said subsection appeal to the Land Court and thereupon the Court shall hear and determine the matter and may confirm , vary or revoke the action of the Commissioner. The provisions of subsections ( 4B), (4c ) and (4D ) of this section shall apply to an appeal under this subsection in all respects as if such appeal were an appeal under subsection ( 4A) of this subsection and to that extent those subsections shall extend and apply accordingly. (12) A holder of a license may make application to the Commissioner- (a) to reduce the amount of water that he was validly entitled to use pursuant to the notice at the date of the application; (b) to reduce the area of the land in respect of which the license was issued or, (where that area has since such issue been duly amended pursuant to this Act) in respect of the area as last amended ; or ( c) to surrender his license.

750 Water Acts Amendment Act of 1964, No. 69 The Commissioner shall grant the application unless in the case of paragraph (a) of the first paragraph of this subsection, a condition in the license concerned requires the holder of the license to accept a minimum amount of water and which minimum would be greater than the reduced amount of water applied for, in which event, the Commissioner may at his discretion grant or refuse the application. Where the Commissioner grants the application the applicant shall forward his license to the Commissioner who shall suitably endorse or, as the case may be, destroy the license: Provided that except in the case of paragraph (c) of the first paragraph of this subsection where the applicant satisfies the Commissioner that his license is lost or mislaid, the Commissioner may issue a duplicate license amended to conform with the application a& granted." 7. Amendment of s. 18 . Section eighteen of the Principal Act is amended by adding the following paragraph:- "(j) Improvement of subterranean water supplies." 8. Repeal of and new s. 19. The Principal Act is amended by repealing section nineteen and inserting the following section in its stead:- " [19.] Notice of proposals to constitute Areas. (1) Before any area may be constituted the Commissioner shall by notice in the Gazette and in some newspaper circulating in the district affected notify proposals for the construction or acquisition of any works and for the constitution of a Board for the purpose of doing all or any of the following things, that is to say- (a) the construction; (b) the acquisition; (c) the maintenance; (d) the administration; and (e) the extension, of works. Such notice shall specify a date, not being less than sixty days from the date of the first publication of the notice in the Gazette, before which objections to the proposals may be made. (2) Any such proposal shall contain- (a) a description of the purpose for which it is proposed to constitute the area; (b) a description of the boundaries of the area; (c) a plan and description of- (i) the works already constructed and erected by the Commissioner (whether for this purpose or not) which it is intended the proposed Board will acquire from the Commissioner; (ii) the works to be constructed by the Commissioner for the proposed Board; (iii) the lands already taken or acquired by the Commissioner (whether for this purpose or not) which it is intended the proposed Board will acquire from the Commissioner; (iv) the lands to be taken and acquired by the Commissioner for the purpose of transfer to the proposed Board; (v) the works which it is intended the proposed Board will construct;

Water Acts Amendment Act of 1964, No. 69 751 (vi) the lands which it is intended the proposed Board will take and acquire for the purpose of constructing works thereon; (d) the estimated cost of all the works described in paragraph (c) of this subsection accompanied by a statement of the proposed means of financing those works specifying- (i) (in the case of works to be acquired from or constructed by the Commissioner) the estimated cost of such acquisition or, as the case may be, construction, including the method of payment, (and where such payment is to be by way of a loan payable by the proposed Board, the particulars thereof including the redemption period, the amount of each instalment of principal and the sum payable by way of interest and the manner of payment of such interest); (ii) (in the case of works to be constructed by the proposed Board) the estimated cost of such construction; (e) the number of members of the proposed Board, and the mode of constitution of such Board; (f) the quantity of water that the proposed Board shall be entitled to divert from the source or sources specified and the rate of such diversion; (g) such provisions as according to the nature and circumstances of each scheme the Commissioner considers desirable." 9. Repeal of and new s. 21. The Principal Act is amended by repealing section twenty-one and inserting in its stead the following section:- " [21.] Constitution of Area. (1) If within the period of sixty days no objection is received, the Commissioner shall submit the proposal to the Governor in Council. Upon receiving such proposal the Governor in Council may approve the same. (2) If any objection is received, the Commissioner shall submit the proposal to the Governor in Council together with a report on every objection received. The Governor in Council may approve the proposal with such amplifications or modifications as he thinks fit. (3) The Order in Council constituting the Area concerned shall include details of the proposal as approved by the Governor in Council pursuant to this section and such Order in Council shall be published in the Gazette." 10. Amendments of s. 22 . Section twenty-two of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsection:- (1) Subject to this Act, the Commissioner may- (a) transfer to the Board concerned such works and lands as are described in the proposal approved by the Governor in Council, as to be acquired by the Board; (b) (subject to the appropriation of funds by Parliament for the purpose) construct for the Board concerned such works as are described in the proposal approved by the Governor in Council as to be constructed for the Board, and the cost of such transfer or construction, as the case may be, shall be deemed to be and shall. be a loan by the Treasurer to the Board equal to the amount of such cost."; and

752 Water Acts Amendment Act of 1964, No. 69 (b) in subsection (2) omitting the words " not exceeding thirty years from the date of the first expenditure or advance in respect thereof " and inserting in their stead the words "as may be determined by the Governor in Council ". 11. Repeal of s. 23 . The Principal Act is amended by repealing section twenty-three. 12. Amendments of s. 24 . Section twenty-four of the Principal Act is amended by- (a) in the first paragraph, omitting the words " The completion of any works in respect of which an area is constituted " and inserting in their stead the words "The transfer to a Board of any works to be acquired by the Board from the Commissioner and the completion of the construction of any works to be constructed by the Commissioner for a Board "; (b) in the second paragraph,- (i) omitting the words " the works " where first appearing and inserting in their stead the words " such works "; (ii) omitting the words a sinking fund " and inserting in their stead the words " the Board ", (iii) omitting the words so soon as practicable after the works have been completed and taken over as aforesaid ". 13. Amendment of s. 25 . Section twenty-five of the Principal Act is amended by omitting the words "in respect of which an area is constituted " and inserting in their stead the words " constructed by the Commissioner for acquisition by a Board ". 14. Amendments of s. 26 . Section twenty-six of the Principal Act is amended by- (a) omitting subsection (4) and inserting in its stead the following subsection:- " (4) Subject to this Act, the Order in Council constituting an Area shall specify the period in respect of which a member of the Board shall hold office (which period shall not exceed three years) save that he shall hold office until his successor is appointed or elected. This subsection shall not be read so as to preclude a person from holding office in respect of more periods of office than one."; and (b) amending subsection (6) by in the first paragraph inserting after the words " being sued " the words " and shall have power to hold, take, acquire by grant, purchase, sell, exchange, lease, transfer and surrender to the Crown lands, goods, chattels and other property ". 15. Amendments of s. 27. Section twenty-seven of the Principal Act is amended by in subsection (1)- (a) omitting the general words at the commencement of that section and inserting in their stead the following words; "A Board shall subject to the provisos to paragraph (a) hereinafter set forth be charged with the duty of acquiring, or constructing those works which the Board is authorized to acquire or construct and of maintaining and administering those works; and shall have and perform the following duties and powers:-"; (b) in paragraph (b) after the word " rates " inserting the words " and charges and make assessments "; and

Water Acts Amendment Act of 1964, No. 69 753 (c) omitting paragraph (c) and inserting in its stead the words " Pay to the Treasurer or other person all moneys as and when payable owing by the Board to the Treasurer or, as the case may be, that person.". 16. Insertion of new s. 27A. The Principal Act is amended by inserting after section twenty-seven the following section:- " [27A.] Resumption of land , & c. (1) Application of 6 Edw. VII No. 14. A Board shall, in relation to land as defined therein, be and be deemed to be a constructing authority within the meaning of " The Public Works Land Resumption Acts, 1906 to 1955," and the purposes for which land as defined in such tastmentioned Acts may be taken by the Board thereunder shall include any works or purpose with respect or in relation to which any right, power, or authority is conferred or duty or obligation imposed upon the Board under this Act. (2) Taking of land under Land Acts. The Minister for Lands may resume for any works or purpose specified in subsection (1) of this section any land other than land as defined in "The Public Works Land Resumption Acts, 1906 to 1955," and all of the provisions of " The Land Acts, 1962 to 1963," relating to resumptions thereunder shall, with all necessary adaptations, apply and extend accordingly. All such works or purposes shall be and be deemed to be " public purposes " within the meaning of that term as it occurs in " The Land Acts, 1962 to 1963," except in the definition of the term " Crown land ". (3) Amount of compensation payable to trustees . The claim for compensation by the trustee or trustees of any land in respect of the taking of same under this Act shall be limited to the amount of actual damage caused to the Trust by reason of that taking, and no such trustee shall have any other right, remedy, or claim whatsoever in respect of such taking against the Crown, or any Minister of the Crown, or the Commissioner or the Board concerned or any member thereof or any other person whomsoever and this Act, " The Public Works Land Resumption Acts, 1906 to 1955," and every other relevant Act or law or rule, practice, or process of law, or judgment of any court of competent jurisdiction, shall be read, construed and applied subject to this subsection. (4) When Central Sugar Cane Prices Board may determine compensation . When the whole or any part of land proposed to be taken hereunder by the Minister for Lands or by the Board is assigned to a sugar mill the owner of such land may make application to the Central Sugar Cane Prices Board to determine the compensation payable for such land, and thereupon all claims for compensation in respect of such land shall be heard and determined by the Central Sugar Cane Prices Board. For the purpose of the making, hearing and determination of any such application and of all such claims for compensation the Central Sugar Cane Prices Board shall be the court having jurisdiction under " The Land Acts, 1962 to 1963," or " The Public Works Land Resumption Acts, 1906 to 1955," in lieu of the court prescribed by whichever of such lastmentioned Acts is applicable to the case. The determination of such Board shall be final and conclusive and shall not be appealed, quashed, or otherwise dealt with in any other court or tribunal whatsoever.

754 Water Acts Amendment Act of 1964, No. 69 (5) Assignment in lieu of assigned land taken . The Central Sugar Cane Prices Board shall have power to grant an assignment of land to the same or another mill in lieu of any assigned land taken hereunder by the Minister for Lands or by the Board, and the value of any such assignment or proposed assignment shall in any event be set off against the compensation payable. (6) Procedure as to taking of '.and modified . (a) Neither section six nor paragraph (i) of section seven of " The Public Works Land Resumption Acts, 1906 to 1955," shall apply or extend to or with respect to land required to be taken by the Board, but in lieu of the said section six, the following provision shall apply, namely- When the Board requires to take any land it shall, not less than thirty clear days before the Proclamation in respect of such land prescribed by paragraph (ii) of section seven of " The Public Works Land Resumption Acts, 1906 to 1955," is made, serve upon each person who to its knowledge is entitled pursuant to section fifteen of such lastmentioned Act to make a claim for compensation a notice stating that it requires to take such land and containing the particulars hereinafter prescribed. Such notice shall- (i) contain a description of the land to be taken sufficient to identify same; (ii) state that the Board is willing to treat as to the compensation to be paid in respect of the land taken and all consequential matters. (b) The Board may at any time after the service of any notice or notices pursuant to the provisions of paragraph (a) of this subsection, but before the making of the Proclamation in respect of the land concerned prescribed by paragraph (ii) of section seven of " The Public Works Land Resumption Acts, 1906 to 1955," serve upon every person who has been served with such first-mentioned notice a further notice stating that it is discontinuing the resumption of the land concerned. Service of the further notice or notices prescribed by this paragraph shall discontinue the resumption concerned, and no person shall have any claim for compensation or any other right or remedy whatsoever against the Board or any member thereof or any other person whomsoever for any loss or damage alleged to have been occasioned (directly or indirectly) by the service of a notice or further notice as aforesaid except a claim for the amount of any actual damage done to the land concerned by the Board. (c) Any such notice or further notice may be served personally or by post, and for the purpose of service by post any such 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 Board. (d) The omission by the Board to serve upon any person entitled thereto a notice as prescribed by this subsection shall not prejudice any Proclamation made under paragraph (ii) of section seven of " The Public Works Land Resumption Acts, 1906 to 1955," with respect to any land, and any land included in any such Proclamation shall be deemed to be taken in terms of the Proclamation concerned notwithstanding any such omission, and the omission by the Board to serve upon any person entitled thereto a further notice as prescribed by this subsection shall not prejudice the discontinuance of any resumption by the Board.

Water Acts Amendment Act of 1964, No. 69 755 (e) Subsection (3) of section eight of " The Public Works Land Resumption Acts, 1906 to 1955," shall, with all necessary adaptations, apply and extend to and with respect to any notice or further notice referred to in this subsection as well as to any Proclamation taking land. (f) It shall not be necessary to mention the works or purpose for which any land is proposed to be or is taken by the Board in a notice under this subsection or Proclamation under " The Public Works Land Resumption Acts, 1906 to 1955," with respect to the taking of such land by the Board, but it shall be sufficient to state that such land is proposed to be or is taken by the Board. (7) Costs. Notwithstanding anything contained in any other Act or law or rule or process of law, the court, tribunal or arbitrator who or which determines the compensation payable for any land taken by the Board may at his or its discretion order payment of the costs of the proceedings: Provided that if the amount of compensation as finally determined is the amount claimed by the claimant or is nearer to such amount than to the amount offered by the Board, costs (if any) shall be awarded to the claimant; otherwise costs (if any) shall be awarded to the Board. (8) Construction of section . To the extent necessary to give same full operation and effect this section shall be read and construed with and as modifying " The Public Works Land Resumption Acts, 1906 to 1955 "." 17. Amendments of s. 28. Section twenty-eight of the Principal Act is amended by- (a) in subsection (1) omitting the words " The Board may and shall from time to time make and levy rates upon the lands comprised within the area for the purpose of raising an amount sufficient to make any payment to the Treasurer for " and inserting in their stead the words "A Board may from time to time make and levy rates and make assessments in respect of the area for the purpose of raising an amount sufficient to defray whether in whole or in part the "; (b) omitting subsection (2) and inserting in its stead the following subsection:- " (2) The Board shall cause a return to be prepared, once in every year or as often as it thinks necessary setting out- (a) the names and addresses of the several owners and occupiers of property within the area subject to rating; (b) the area and description of the respective properties within the area and the nature of the several benefits (whether directly or indirectly) received from any work maintained by the Board; (c) the various rates, charges or assessments, proposed to be made and levied; and (d) the basis or bases which the Board has adopted in fixing or levying those rates or charges or both, as the case may be."; and (c) in subsection (7) omitting the words and figures " " The Land Act of 1910 " and its several amendments" where appearing twice and inserting in their stead the words " " The Land Acts, 1962 to 1963 " ".

756 Water Acts Amendment Act of 1964, No. 69 18. Repeal of and new s. 29A. The Principal Act is amended by repealing section 29A and inserting in its stead the following section:- " [29A.] Rate upon unimproved value . In respect of any land within the area subject to rating and which is rateable under and for the purposes of " The Local Government Acts, 1936 to 1964," the Board may in lieu of making and levying a rate upon any of the bases specified in section twenty-nine of this Act make and levy a rate equally upon the rateable value (for the purposes of " The Local Government Acts, 1936 to 1964 ") of that land. Where land is subject to rating under this Act in respect of part thereof only, and has been valued under and pursuant to " The Valuation of Land Acts, 1944 to 1955 " the Valuer-General may in addition, value the part so subject. The valuation in respect of a part of land so valued shall be the rateable value of that Part for the purposes of this section: Provided that the additional valuation shall be deemed to be made solely for determining the valuation of the part of the land subject to rating under this Act for the purpose of such rating only, and accordingly, such additional valuation shall not be, or deemed to be, a valuation made under and for the purposes of " The Valuation of Land Acts, 1944 to 1959," or for the purposes of any other Act." 19. Amendments of s. 29B . Section 29B of the Principal Act is amended by- (a) in subsection (2)- (i) omitting the words " For the purpose of raising all amounts required to make payment to the Treasurer of principal moneys " and inserting in their stead the words " For the purpose of raising an amount sufficient to defray whether in whole or in part principal moneys"; (ii) omitting the words " rateable for the purposes of that Act " and inserting in their stead the words " subject to rating under this Act "; and (b) omitting subsection (3). 20. Insertion of new ss. 29C and 29D . The Principal Act is amended by inserting after section 29B the following sections:- " [29C.] Other methods of rating . In lieu of making and levying rates in accordance with the provisions of sections 29, 29A and 29B of this Act, a Board may make and levy rates in respect of any land within the area which is subject to rating under this Act on such basis or such several bases as the Board may by by-law determine for the purposes of defraying the interest and redemption charges of any loan liability incurred by the Board and the cost of operating, maintaining and managing its works. [29D.] Assessment on cane. (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 thereunto authorized) in lieu of making a rate in accordance with the provisions of sections twenty-nine, 29A, 29B or 29c of this Act. may, with respect to the land so assigned, make and levy an assessment on sugar-cane grown on that land in accordance

Water Acts Amendment Act of 1964, No. 69 757 with this section; and the making or levying of such assessment shall not preclude the Board from making or levying a rate under sections twenty-nine, 29A, 29B or 29c of this Act with respect to lands within the area not assigned to a sugar mill. The Governor in Council may from time to time by Order in Council amend, vary, add to or revoke such an Order in Council. (2) Subject to this Act, the Board may, in each and every calendar year, make and levy an assessment on every ton of sugar-cane received at a sugar works during the crushing season, that is to say, during the period of time in the year in question during which sugar-cane is received and crushed at the sugar works. The Board shall (and may from time to time) by notice given to owners of sugar works make provision for the payment by periodical instalments or otherwise as it deems fit of assessments made and levied under this section and for fixing the time when payment of any such assessment or of any periodical instalment thereof shall be made to the Board by owners of sugar works. Any and every owner of sugar works shall, in the first instance, pay to the Board the amount of any assessment (including the amount of any periodical instalment thereof) made and levied under this section in respect of any season. That payment shall be made- (a) upon the actual number of tons of sugar-cane received during the season (or, in the case of such a periodical instalment) during the period in question of the season at his sugar works; and (h) at the time fixed by the Board or (in the case of payment by periodical instalments) at the time so fixed for the payment of the instalment in question: Provided that any and every.such assessment (including any and every instalment of such an assessment) shall be paid and borne by the owner of the sugar works and the grower of the cane, respectively, in proportions determined by the Governor in Council by the Order in Council authorizing the levying of the assessment. Notice of an assessment made and levied, in any calendar year, under this section shall be given to each and every owner of sugar works before the thirty-first day of May of that year. Any amount not duly paid to the Board of any assessment or periodical instalment of any assessment made and levied under this section shall be a debt due from the owner of the sugar works to the Board and may be recovered at the suit of the Board by action in any court of competent jurisdiction: Provided that the owner of the sugar works shall be entitled to deduct from any moneys due by him to the grower of the cane the amount of the proportion of any assessment, or periodical instalment of any assessment made and levied under this section payable by such grower, and such amount shall be and remain notwithstanding any change that may take place in the ownership of the same; or he may recover such amount from such grower by action in any court of competent jurisdiction." 21. Amendment of s. 30. Section thirty of the Principal Act is amended by inserting after the words " make and levy rate " the words " and where applicable, to make assessments pursuant to section 29D of this Act ".

758 Water Acts Amendment Act of 1964, No. 69 22. Amendments of s. 31. Section thirty-one of the Principal Act is amended by- (a) in the general words preceding paragraph (a) omitting the word " rateable " and inserting in its stead the words " subject to rating (b) in paragraph (c) omitting the words " be rateable land " and inserting in their stead the words " be land subject to rate or charge "; and (c) adding the following paragraph:- (d) land which is declared to be exempted for the purposes of this section by the Governor in Council by Order in Council on the recommendation of the Board." 23. Amendment of s. 32 . Section thirty-two of the Principal Act is amended by omitting subsection (4) and inserting in its stead the following subsection:- " (4) All rates due and payable under this Act may be recovered by the Board in any court of competent jurisdiction.". 24. Repeal of and new s . 33. The Principal Act is amended by repealing section thirty-three and inserting in its stead the following section:- " [33.] Rates in respect of certain Crown lands . (1) Notwithstanding the provisions of subsection (3) of section thirty-two of this Act and except as provided by section thirty-four of this Act no amount due for rates in respect of any land shall remain a charge upon such land after its surrender to the Crown. (2) Land selected or otherwise acquired under lease fiom the Crown shall be and become land subject to rating for the purposes of this Act on and after the date when the lessee or licensee is entitled to enter into possession of the land. In respect of the first year the rate or, as the case may be, assessment shall be apportioned accordingly." 25. Amendment of s. 34 . Section thirty-four of the Principal Act is amended by omitting the words " section one hundred and twenty-four of "The Land Act of 1910 " " and inserting in their stead the words " section two hundred and thirty-eight of " The Land Acts, 1962 to 1963 " ". 26. Amendment of s. 36 (2). Section thirty-six of the Principal Act is amended by omitting subsection (2) and inserting in its stead the following subsection:- " (2) When a Board has any surplus water which is not required for the purposes for which the area was constituted the Board may sell the whole or part of such water- (a) by measure or otherwise to any ratepayer for use by him for any purpose; or (b) with the approval of the Commissioner to any person who is not a ratepayer." 27. Amendments of s. 38 . Section thirty-eight of the Principal Act is amended by- (a) in the general words preceding paragraph (i) omitting the words and symbols " and called the " Water Fund " ";

Water Acts Amendment Act of 1964 , No. 69 759 (b) omitting paragraph (3) and inserting in its stead the following paragraph:- " (3) In payment of any instalments of principal and interest in respect of any loans to the Board;"; and (c) omitting paragraph (4). 28. Amendment of s. 39 . Section thirty-nine of the Principal Act is amended by omitting the words " the Water Fund " and inserting in their stead the words " its fund ". 29. Amendments of s. 40 . Section forty of the Principal Act is amended by- (a) in subsection (1) omitting the general words " A Board may, with the approval of the Governor in Council, borrow money for " and inserting in their stead the words " A Board may, subject to and in accordance with this Act, borrow money for the following purposes "; (b) in subsection (2) inserting before the first paragraph the following paragraph:- " Before proceeding to borrow money a Board shall, at a special meeting called for the purpose, pass a resolution to borrow that money."; (c) omitting subsections (3), (4), (5), (6) and (7). 30. Repeal of and insertion of new ss. 41 , 42, 43, 44, 45 and 46. The Principal Act is amended by repealing sections forty-one to forty-six inclusive, and inserting in their stead the following sections:- " [41.] Restriction on.borrowings by a Board . (1) Subject to this Act a Board may, from time to time, borrow money- (a) from the Treasurer; (b) by the sale of debentures; or (c) partly in one and partly in the other of the ways specified in provisions (a) and (b) of this subsection. (2) Before entering into negotiations to borrow money by the sale of debentures a Board shall obtain the sanction of the Treasurer authorizing it to enter upon such negotiations and, for this purpose, shall furnish the Treasurer with such information as he may require. (3) A Board shall not borrow any money pursuant to negotiations sanctioned by the Treasurer unless the authority of the Governor in Council thereto is first obtained. In the case of a loan to be raised in whole or in part by the sale of debentures the authority shall be given by Order in Council. Such Order in Council shall declare the amount that may be borrowed, the purposes for which the loan is to be borrowed, the currency of the loan, the amount of interest payable thereon, the terms and conditions for the redemption of the loan, whether by yearly, half-yearly or quarterly payments or payments into a sinking fund and such other conditions as the Governor in Council thinks proper to impose. (4) A Board shall be a "local body" under and within the meaning of " The Local Bodies' Loans Guarantee Acts, 1923 to 1957," the provisions whereot'shall, subject to such modifications as the Governor in Council may prescribe (either generally or in respect of a particular loan) apply and extend accordingly.

760 Water Acts Amendment Act of 1964, No. 69 (5) A Board which borrows loan moneys shall cause a separate and distinct account to be kept of all loan moneys received by it and all moneys forming part of a loan shall be paid into that account which shall be called the "Loan Fund Account ". [42.) Application of loan moneys . All moneys borrowed by a Board shall be expended for the purposes for which the Board was authorized to borrow the same and not otherwise. If any amount of a loan remains unexpended upon the completion of the purpose for which such loan was borrowed such amount shall be applied as directed by the Treasurer. [43.) Repayment of Treasury loans. (1) Every loan advanced by the Treasurer under the provisions of this Act shall be liquidated by the payment to the Treasurer by the Board concerned on the first days of January and July, respectively, in every year of such instalments of principal and interest at the prescribed rate as will permit the said loan to be wholly redeemed within the prescribed period of the said loan, and such sums shall continue to be payable until all the moneys advanced from time to time by the Treasurer, together with the interest accrued thereon, have been so paid. The Treasurer may at any time make any adjustment which he considers necessary to be made with respect to the period of any loan or the calculation of interest thereon or with respect to any other matter requiring adjustment. (2) In the months of February and August, respectively, in every year, the Treasurer shall cause to be published in the Gazette a statement showing, with respect to a Board to which a loan has been advanced by the Treasurer under this Act, the amount of money which is then overdue and in arrear and also the total of the principal sum then remaining unpaid. If thereafter on the thirtieth day of April, or the thirty-first day of October, respectively, any part of such money so overdue and in arrear remains unpaid or if the Treasurer pays any money under a guarantee given by him in relation to moneys borrowed by a Board under the authority of this Act, the Treasurer may, by notification in the Gazette, appoint a receiver to collect on his behalf and to pay to the Treasury all or any moneys from time to time due and owing to the Board concerned to the amount stated in such notification. The Treasurer may from time to time make all such orders and give all such directions with respect to the powers and duties of such receiver and the management by him of the affairs of the Board concerned as the Treasurer thinks proper, and judicial notice shall be taken of such orders and directions. Thereupon such receiver shall from the date stated in such notification be the only person legally entitled to receive the revenues of the Board concerned, and shall be deemed to that extent and for that purpose to be a " public accountant " within the meaning of " The Audit Acts, 1874 to 1963." [44.] Debenture . (1) All debentures issued under the authority of this Act- (a) shall, subject to this Act, be issued in such series at such times and places in or outside the State, and in such manner as the Board concerned thinks fit;

Water Acts Amendment Act of 1964, No. 69 761 (b) shall, with interest thereon, be a charge upon the revenues and assets of the Board concerned subject to any prior debentures issued according to law; (c) shall bear interest at the rate as prescribed in the Order in Council referred to in subsection (3) of section forty-one of this Act; (d) may, with the consent of the holder thereof, be paid off at any time previous to the due date thereof at not more than the amount of the principal remaining unpaid at the time in respect thereof or, with the consent of the Governor in Council, at a premium, with interest thereon to the date of payment only. (2) Interest secured by any such debentures shall be payable at such times and at such place or places in or outside the State as prescribed in the Order in Council referred to in subsection (3) of section forty-one of this Act. (3) (a) Every debenture issued under the authority of this Act- (i) shall be sealed with the seal of the Board concerned and signed by the Chairman and secretary to such Board and, when so sealed and signed, shall be taken to have been duly issued; (ii) shall be numbered consecutively so that no two debentures in one and the same series shall at any time bear the same number; (iii) shall have set forth therein the places and times at which the principal and interest are payable. (b) A debenture issued under the authority of this Act may, at the option of the lender, have annexed thereto for every payment to grow due thereon (whether of principal or interest or principal and interest) a coupon and such debenture and coupon shall, unless the Governor in Council has otherwise prescribed in the Order in Council whereby the loan concerned was authorized, be transferable by delivery and payment to any person in possession of such debenture or coupon of the sum named therein shall discharge the Board concerned from all liability in respect of that debenture or coupon. When a debenture or coupon is not transferable by delivery that fact shall be expressly stated on the face thereof. (c) In the case of a debenture issued under the authority of this Act with coupons the holder of such a coupon, whether the same be separated from such debenture or not, shall be entitled to receive payment from the Board concerned of the sum named therein upon presentation on or after the due date for payment thereof at the place where the same is expressed to be made payable. (d) In the case of a debenture issued under the authority of this Act without coupons, the lender or, in the event of a transfer of such debenture, the transferee for the time being, shall, subject to this paragraph, be entitled to receive payments from the Board concerned in respect of principal or interest or both in accordance with the terms and conditions of such debenture. A transferee with respect to whom the Board concerned has not been given notice as prescribed shall not be entitled to receive, and the Board concerned shall not be liable to make to such a transferee, any

762 Water Acts Amendment Act of 1964, No. 69 payment in respect of any debenture issued without coupons except under attachment by process of law and then only to the extent of moneys due and payable to such transferee under the debenture and unpaid by the Board concerned to the lender or a prior transferee. The entitlement of a transferee with respect to whom a Board has been given notice as prescribed to receive any payment in respect of a debenture issued without coupons shall be subject to any payment which, having become due and payable under such debenture before the Board was given such notice, was made by it to the lender or a prior transferee. In this paragraph the expression " notice as prescribed " means a notice in writing signed by the transferor and transferee and verified to the satisfaction of the Board concerned. (e) A lender of money to a Board may agree to accept a standard form of debenture but shall not be bound so to do. [45.] (1) Loan to be authorized investment . Unless expressly forbidden by the instrument (if any) creating the trust, an investment by a trustee of trust funds in a loan raised under the authority of this Part V of this Act shall be and be deemed to be an authorized investment by the trustee pursuant to the provisions of section four of " The Trustees and Executors Act of 1897 " (as amended by subsequent Acts) and such Act shall be read and construed a::.:ordingly. (2) Notice of trusts not to be received . A Board or an officer, servant or agent of a Board shall not receive and shall be deemed to have not received notice of any trust express, implied or constructive in relation to any debentures issued under the authority of this Act and a Board or any such officer, servant or agent shall not be bound to see to the execution of any trust to which -any such debentures may be subject. (3) Lender not bound to enquire as to validity of security. A person advancing money to. a Board and receiving in consideration therefor any debentures duly issued shall not be bound to enquire whether the issue of such debentures was in fact duly authorized or into the application of the money so advanced or be in any way responsible for the non-application or misapplication thereof. [46.] Brokerage . A Board may pay moneys by way of brokerage in relation to the making , procuring , negotiating , or obtaining the loan of any money which the Governor in Council has authorized the Board to borrow: Provided that no moneys shall be paid by a Board by way of brokerage in relation to the loan of any moneys borrowed by it unless the Treasurer has approved of the payment of brokerage, which approval may be given by the Treasurer subject to such terms and conditions as to him shall seem fit.

Water Acts Amendment Act of 1964, No. 69 763 Section fourteen of " The Money Lenders Acts, 1916 to 1962," shall not apply or extend to brokerage which a Board is authorized, by this section, to pay and which brokerage has been approved by the Treasurer and is agreed to be paid by the Board subject to the terms and conditions, if any, imposed by the Treasurer." 31. Insertion of new ss. 46A, 46B, 46C, 46D, 46E, 46F, 46G and 46H. The Principal Act is amended by inserting after section forty-six as inserted by this Act the following sections:- " [46A.] Remedies of debenture holders. If a Board makes default in making a payment whether of principal or interest to the holder of any debenture or coupon issued by the Board under the authority of this Act such holder may make application to and procure all necessary orders and directions from the Supreme Court for the appointment of a receiver and such court shall have power to make all such orders for the appointment of such a receiver and for his removal and the appointment of another in his place as may be necessary and to make any orders and give any directions which such court thinks proper. A receiver appointed pursuant to this section shall be deemed to be an officer of such court and shall act under its direction. [46B.] (1) Remuneration of receiver . A receiver appointed by the Treasurer pursuant to section forty-three of this Act shall be entitled to such commission or remuneration for his services as the Treasurer orders. A receiver appointed by the Supreme Court pursuant to the last preceding section shall be entitled to such commission or remuneration as the court orders. The commission or remuneration of a receiver shall be payable out of the revenue of the Board in relation to which he was appointed. (2) Powers and duties of receiver . A receiver whether appointed by the Treasurer or the Supreme Court may collect all the revenue payable to the Board in relation to which he was appointed and, for the purposes of this section, a receiver shall be deemed to be such Board and may exercise all the powers of such Board. A receiver shall pay and apply all moneys received by him in the course of his receivership as follows:- (a) Firstly, in payment of the costs, charges and expenses of collection and of his commission or remuneration; (b) Secondly, if he was appointed by the Treasurer, in payment of the amount due and payable to the Treasurer including any money paid by the Treasurer under a guarantee given by the Treasurer in relation to moneys borrowed by the Board under the authority of this Act together with interest on such amount at such rate as is specified by the Treasurer and, if he was appointed by the Supreme Court upon the application of a holder of any debenture or coupon in payment, subject to any order of the court, to such holder or to and amongst the holders of debentures or coupons of the same series as such

764 Water Acts Amendment Act of 1964, No. 69 holder or to the holders of debentures or coupons generally in such order of priority or otherwise as the court thinks fit; (c) Thirdly, in payment of the residue of such moneys to the Board. [46C.] Moneys recoverable as debt . If a Board makes default in making a payment referred to in section 46A of this Act, the person to whom such payment should have been made may recover the amount in respect of which such default has been made as a debt by action against the Board in any court of competent jurisdiction. [46D.] Regulations relating to loans. The power conferred on the Governor in Council by section seventy-seven of this Act to make regulations includes the power to make such regulations relating to the raising and repayment of loans under the authority of this Act and, without limiting the generality of the foregoing power; (a) prescribing the form of and the manner of the issuing of debentures, providing for the keeping and inspection of and the taking of copies of or extracts from the register of debentures and providing for lost or defaced debentures or coupons and the destruction of discharged debentures or coupons; (b) prescribing matters relating to the raising of loans outside the State; (c) providing for sinking funds and other methods for the repayment of moneys borrowed, providing for and appointing trustees of a debt redemption fund with respect thereto and prescribing the powers, functions and duties of such trustees and regulating and controlling all or any matters with respect to such debt redemption fund, trustees, sinking funds or other methods aforesaid. [46E.] Illegal borrowing . (1) A person who lends money to a Board otherwise than in accordance with this Act or some other Act shall have no remedy or right whatsoever to recover money from the Board in respect of that loan. (2) If a Board borrows any money which it is not lawfully authorized to borrow, all the members of the Board who have consented to the borrowing of such money shall be jointly and severally liable to repay the same and to pay all interest thereon to the person from whom the same was borrowed, and the same may be recovered from such members or any of them as money lent by such person to such members by action in any court of competent jurisdiction. (3) If any moneys are appropriated from any fund for the purpose of repaying any money so borrowed or paying interest thereon, the members of the Board who have consented to the misappropriation of such moneys for that purpose shall be jointly and severally liable to refund the same with interest at the rate of eight pounds per centum per annum, and the same may be recovered from such members or any of them by action in any court of competent jurisdiction at the suit of the Treasurer who,

Water Acts Amendment Act of 1964, No. 69 765 on recovery of the same, shall pay the amount recovered into the fund concerned, but shall be entitled to full costs of suit, including costs as between solicitor and client. (4) The provisions of this section shall be construed so as not to prejudice the operation of the provisions of subsection (3) of section forty-five of this Act. [46F.] Temporary loans . For the temporary accommodation of the Board it may, on application to the Commissioner, and with the approval of the Minister, obtain advances by overdraft on current account in any bank or banks upon the credit of its funds, but so that the principal moneys owing on overdraft do not at any time exceed a sum to be fixed by the Minister. [46G.] Accounts to be balanced . Every Board shall, in each year, not later than the thirty-first day of July, cause its accounts to be balanced as to the thirtieth day of June of the same year, or such other date as the Minister may direct. [46H.] Audit . (1) The Board shall cause a full and true balance- sheet of the assets and liabilities, together with a revenue account or profit and loss account for each year and such other statements as may be necessary, to be compiled from the books and submitted to the Commissioner, who shall transmit a copy thereof to the Auditor-General and the Treasurer. (2) The Auditor-General shall certify that he has found the accounts in order or otherwise, as the case may be, and shall also certify whether or not, in his opinion the accounts are properly drawn up so as to exhibit a true and correct statement of the transactions for the period under review as shown by the books. (3) The Auditor-General in respect of such accounts, shall have and may exercise all the powers conferred on him by " The Audit Acts, 1874 to 1963 "." 32. Amendments of s. 62 (1). Section sixty-two of the Principal Act is amended by in subsection (I)- (a) inserting after the words " in other ownership or occupation " the words " or to a stock route within the meaning of " The Stock Routes and Rural Lands Protection Acts, 1944 to 1963 " "; and (b) inserting after the words " such other lands as aforesaid " the brackets and words " (or, with respect to a stock route as aforesaid, with a Local Authority specified by the Commissioner) ". 33. Repeal of Part VIII . (1) Part VIII of the Principal Act, being the words and figures "Part VIII-Individual and Group Water Supplies " and sections sixty-four to sixty-nine, both inclusive, is hereby repealed. (2) The fund created at the Treasury and called " The Settlers' Water Conservation Fund " is hereby closed and any moneys standing to the credit of that fund as at the date of the passing hereof shall be paid into and form part of Consolidated Revenue.

766 Water Acts Amendment Act of 1964, No. 69 34. Amendment of clause 10 of Part I of the Scnedule . Clause ten of Part I of the Schedule to the Principal Act is amended by adding thereto (in substitution for the subclause added thereto by the Order in Council dated the twenty-first day of March, 1963) the following subclause namely:- " (4) Where the Commissioner nas entered into a contract for the construction of any works he may, at any time or from time to time, subject to such conditions as are therein prescribed and approved by the Minister, make advances to the contractor from the proper fund maintained in respect of such works. Such advances may be made before the commencement of the work and may be by way of loans of money on the security of items of plant and construction equipment which are the unencumbered property of the contractor and which are intended by the contractor to be used by him in the execution of the works. The conditions prescribed in respect of repayment of such an advance may include provision for repayment thereof by way of deductions from progress payments due from time to time by the Commissioner to the contractor."