Water Acts and Another Act Amendment Act of 1940 (4 Geo Vi No. 27) (Qld)

WATER SUPPLY AND SEWERAGE. 4 GEO. VI. No. 27, 1940. Water Acts and Another Act Amendment Act. VEGETABLES. See AGRICULTURE (SECOND-HAND FRUIT CASES ACT). WAGES ATTACHMENT. See LABOUR (WAGES ATTACHMENT ACT AMENDMENT ACT). WAR EMERGENCY POWERS. See PUBLIC SAFETY. 18019 WATER SUPPLY AND SEWERAGE. An Act to Amend "The Water Acts, 1926 to 1937," 4< & ~ t2r. l. and" The Public Works Land Resumption Tf~ T~t~ ~R • ANOTHER ACT Acts, 1906 to 1938," respectively, in certaIn t~E~ ~~ ~ :6. particulars, and for other purposes. [ASSENTED TO 28TH NOVEMBER, 1940.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in PaTliament assembled, and by the authoTity of the same, as follows:- PART I.-PRELIMINARY. PART 1.- PRELIMINARY. 1. (1.) This Act may be cited as " The Water Act8 Short title. and Another Act Amendment Act of 1940." (2.) This Act is divided into Parts as follows, Parts of Act. namely:- PART I.-PRELIMINARY; PART H.-AMENDMENTS OF *" THE WATER ACTS, 1926 TO 1937" ; t" PART HI. - AMENDMENTS OF THE PUBLIC WORKS LAND RESUMPTION ACTS, 1906 TO 1938" ; PART IV.-GENERAL. * 17 Geo. v. No. 12 and amending Acts, Bupra, pages 11733 et Beq. t 6 Edw. VII. No. 14 and amending Acts, Bupra, pages 8211 et Beq.

18020 WATER SUPPLY AND SEWERAGE. PART 11.- A O ME F N " D T M H E E NTS Water Acts and Another Act Amendment Adt. WATEBAcTS 1926 TO 1937. " 4 GEO. VI. No. 27, PART n.-AMENDMENTS OF *" THE WATER ACTS, 1926 TO 1937." cC a o n ol d nlesctrtiuvoetion *" Th 2 e . W T a h t i e s r P A a c r t t s n , 1. 9o2f6th to is 1A9c3t7s, h"aallnbdethreisadPaasrton n e . waintdh Ptitalret o 1 f 1. s 1 u 9 c 2 h 6 A to ct 1 s 9 m 40 a . y " be collectively cited as " The Water Acts, New s. 9A. 3. The following new section 9A is inserted after section nine of *" The Water Acts, 1926 to 1937," namely:- Inde~ ity "[9A.] Notwithstanding anything contained in any ili: ~ ~ : : gOf Act or law or rule of law or practice or process of law effiuent or judgment of any court of competent jurisdiction, no sfreowmage action, indictment, information, or other proceedings treatm~ mt shall be commenced, prosecuted, or maintained against : ~~: :o= e the Crown, or any Minister of the Crown, or any officer . of the Public Service, or against any Crown corporation or Crown instrumentality or officer thereof, or against any Local Authority or member, officer, or employee thereof, or against any other person whomsoever for or in respect of any alleged obstruction or pollution of any watercourse or part thereof by, or for or in respect of any other loss or damage alleged to arise from, the discharge into such watercourse, with the consent and subject to the terms and conditions imposed by the Governor in Council by Order in Council, of the effluent from sewage treatment works. The Governor in Council is hereby authorised to permit, by Order in Council, subject to such terms and conditions as he shall think fit, the discharge of any such effluent into a watercourse, and he is hereby further authorised to modify from time to time as he thinks necessary the terms and conditions imposed by him." New s. 540. 4. (1.) The following new section 540 is inserted in Part VI.A of *" The Water Acts, 1926 to 1937," after section 54B, namely:- Power of " [540.] (1.) In any case where the Minister is of Mtakineisltaenrd to opinion that it is necessary to take any land or any for purpose easement over land (whether within or without the oAfuLthoocarilty Area of the Local Authority or Water Authority con- or Water cerned) for the purposes of any undertaking or proposed Authority. undertaking of a Local Authority or Water Authority, * 17 Oeo. V. No. 12 and amending Aots, supra, pages 11733 et seq.

WATER SUPPLY AND SEWERAGE. 18021 PART n. 1940. Water Acts and Another Act Amendment Act. A~~~~~TS WATER AOTS, 1926 TO 1937." or of any function or proposed function of local government, he may take such land or easement and for that purpose shall be deemed to be and shall have all the powers of the Crown as a constructing authority under and within the meaning of *" The Public Works Land Resumption Acts, 1906 to 1938," and such Acts shall apply and extend and be read and construed accordingly. (2.) The costs, charges, and expenses (including any compensation) payable in respect of any land or any easement over land taken or proposed to be taken under this section shall be borne by the Local Authority or Water Authority concerned, and the Treasurer shall have and may exercise in respect of same the rights and remedies conferred upon him by t" The Local Government Act of 1936" with respect to a Local Authority failing to duly repay a loan. (3.) Any costs, charges, and expenses incurred by the Commissioner before, on, or after the passing of t" The Water Acts and Another Act Amendment Act of 1940" in relation or with respect to an undertaking of a Local Authority or Water Authority or a function of local government including all such costs, charges, and expenses incurred by the Commissioner- (i.) In or in relation to the supervision by the Commissioner of any such undertaking or function or any part thereof; or (ii.) For or in relation to surveys, inquiries, inspections, investigations, the taking of land or any easement over land, or any proposal to take land or any easement over land for the purposes of any such undertaking or function, shall, subject as hereinafter provided, be borne by the Local Authority or \\'ater Authority concerned, and the Treasurer shall have and may exercise in respect of same the rights and remedies conferred upon him by t" The Local Government Act of 1936" with respect to a Local Authority failing to duly repay a loan: Provided that where any costs, charges, or expenses mentioned in this subsection were incurred by the Commissioner prior to the passing of t" The Water Acts * 6 Edw. VII. No. 14 and amending Acts, Bupra, pages 8211 et Beq. t 1 Geo. VI. No. 1, Bupra, page 16035. ~ This Act.

18022 WATER SUPPLY AND SEWERAGE. PAR~ II.- ACTS, A- : ~ ~ ? : S Water Acts and Another Act Amendment Act. 4 GEO. VI. No. 27, WATIIIR 1926 TO 1937." - - - - - - - - - - - - - - - - - - - - - - - - and Another Act Amendment Act of 1940," the Local Authority or Water Authority concerned shall not be liable under this subsection if such Local Authority or Water Authority satisfies the Treasurer that it had no knowledge prior to the Commissioner incurring such costs, charges, or expenses of its liability for same. (4.) The Treasurer may direct that any costs, charges, and expenses payable by a Local Authority or Water Authority under subsection two or subsection three of this section, or such part thereof as he shall think fit, shall be defrayed out of any moneys obtained by the Local Authority or Water Authority concerned by way of loan from the Treasury or by way of loan subsidised or guaranteed by the Crown, and may fix the terms and conditions of such repayment. The Local Authority or Water Authority concerned shall give effect to any such direction of the Treasurer. (5.) Any land taken under this section shall become and be permanently reserved under *" The Land Acts, 19lO to 1937," but the Governor in Council may, by Order in Council, vest the control and management thereof for the purposes for which it was taken in the Local Authority or Water Authority concerned. (6.) When an easement over land is taken under this section the Registrar of Titles or other authority charged with the registration of instruments of title relating to the land concerned shall register such easement in the name of the Local Authority or Water Authority concerned, and the delivery to the Registrar of Titles or, as the case may require, such other authority, of a copy of the Proclamation taking such easement shall be a sufficient authority to him to so register such easement. (7.) In this section the term "land" includes (but without limiting its ordinary meaning or the meaning assigned to it by t" The Public Works Land Resumption Acts, 1906 to 1938 ") any land the fee-simple of which is subject to any trust or which is held from the Crown upon any tenure or subject to any trust under any Act relating to the alienation of Crown lands: Provided that the claim of the trustee or trustees of any land held from the Crown subject to any trust * 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et seg. t 6 Edw. VII. No. 14 and amending Acts, supra, pages 8211 et seg.

WATER SUPPLY AND SEWERAGE. 18023 1940. Water Acts and Another Act Amendmen.t Act. PART IT. AI\!ENDI\!ENTS OF "THE WATER ACTS, 1926 TO 1937.' under any Act relating to the alienation of Crown Lands in respect of the taking of same or any easement thereover 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 the taking, or the use of the land or easement taken, against the Crown, the Minister, any Local Authority, or any Water Authority concerned, or any other person whomsoever, and the provisions of *" The Public Works Land Resumption Acts, 1906 to 1940," shall be read, construed, and applied subject to this proviso." (2.) Section 540 as inserted in t" The Water Acts, Retrospec- 1926 to 1937," by this Act shall have retrospective effect tivity of so far as may be necessary or expedient to validate, s. 540. confirm, and ratify the taking of any land or easement over land prior to the passing of this Act in any case where such taking would be lawful after the passing of this Act. 5. The following new section 54D is inserted after New s. 54D. section 540 of t" The Water Acts, 1926 to 1937," as previously inserted by this Act, namely ;- " [54D.] If a Local Authority satisfies the Minister Power of that for the purposes of any undertaking or function of Local . local government, or if a Water Authority satisfies the !u~~~~7 nMeicneissstearrythtoat cfoonrsttrhuect paunrpyosweosrkosf oitvseru, nudnedrteark, inogr uitpoins wtAooucrtkhosonrsinittryuct any road or street outside its Area, the Minister may road or notify in the Gazette that the Local Authority or Water~~::~eArea. Authority concerned is authorised to construct the works specified in such notice over, under, or, as the case may be, upon the road or street named in the notice. Upon the publication of such notice the Local Authority or Water Authority concerned shall, for the purposes of the construction and maintenance of the works specified in the notice, have the same rights. powers, authorities, and jurisdiction, and be subject to the same liabilities, obligations, and restrictions as it would have and be subject to if such road or street were within its Area." 6. Section 540 of t" The Water Acts, 1926 to 1937," s. 540 i _ s _ re _ nu _ m _ be _ re _ d _ se _ ct _ io _ n _ 54 _ E. _ _ _ _ _ _ _ _ _ _ _ _ _ _ s re .5 n 4 um E. bered * 6 Edw. VII. No. 14 and amending Acts, 8upra, pages 8211 et 8eq. t 17 Geo. V. No. 12 and amending Acts, supra, pages 11733 et seq.

18024 WATER SUPPLY AND SEWERAGE. PABT Ill. ~ ~~ ~ : ~ TS Water Acts and Another Act Amendment Am. 4 GEO. VI. No. 27, PUB~ ~ : O~ S __________________________________________________ RESUMPTION *" " ' igTM~~ ,~ PART IIl.-AMENDMENTS OF THE PUBLIC WORKS LAND RESUMPTION ACTS, 1906 TO 1938." Construction 7. This Part Ill. shall be read as one with *"The : ~ ective Public Works Land Resumption Acts, 1906 to 1938," and title of this Part Ill. and such Acts may be collectively cited as Part Ill. "The Public Works Land Resumption Acts, 1906 to 1940." Amendment 8. Paragraph (i.) of section four of *" The Public of8.4. Works Land Resumption Acts, 1906 to 1938," is amended as follows ;- (a) The words "aviation and purposes associated with aviation" are inserted after the words" indigent persons." (b) The words " departmental and official purposes" are inserted after the word "dams." (c) The word "drainage" is inserted after the word "dockyards." (d) The words "sewerage, shipbuilding" are inserted after the word " sewers." (e) The words "wireless broadcasting and purposes associated therewith" are inserted after the word " wharves." PART IV.- GENERAL. PART IV.-GENERAL. Portion 405, 9. (1.) In this section and in the Schedule to this ~ ~rleof section the term "trustees" includes the persons and Parish. of each of them who are or have been at any time or who ~ : ~~ ~ the purport to be or to have been at any time the proprietors Council or proprietor (whether or not registered as such) of the ~ ~ ~ :r~ 1rk. estate in fee-simple in the land or any part of the land described in Part 1. of the Schedule to this section as trustees or trustee upon trust for cemetery purposes or, as the case may be, for a Church of England cemetery site. (2.) Notwithstanding any other Act or law, it is hereby declared that the land described in Part I. of the Schedule to this section is and always has been on and after the thirteenth day of July, one thousand nine hundred and thirty-nine, divested from the trustees and * 6 Edw. VII. No. 14 and amending Acts, 8upra, pages 8211 et 8eg.

1940. WATER SUPPLY AND SEWERAGE. Water Acts and Another Act Amendment Act. 18025 PART IV.- GENBRAL. transferred to and vested in the Council of the City of Warwick as proprietor of the estate in fee-simple therein upon and subject to the following trusts, namely;- (a) As to that part thereof described in Part Il. of the Schedule to this section upon trust, subject to the easement hereinafter prescribed, for cemetery purposes; and (b) As to that part thereof described in Part Ill. of the Schedule to this section upon trust for sewerage purposes, and more particularly for the erection and maintenance thereupon of sewage treatment works; Provided that so much of the said land as is described in Part IV, of the Schedule to this section shall be subject to an easement in favour of the said Council for purposes of sewerage and other functions of local government; Provided further, that the said land shall be so transferred to and vested in the said Council subject to the reservations in favour of the Crown contained in Deed of Grant No. 94029, Volume 1083, Folio 39. (3.) The Registrar of Titles shall on application made Registration by or on behalf of the Council of the City of Warwick in of lands. respect ofthe land by this section transferred to and vested in the said Council, or that part of such land described in Part Il. or, as the case may be, Part Ill. of the Schedule to this section, register the said Council as registered proprietor of an estate in fee-simple in the said land or that part thereof to which the application relates as trustee upon and subject to the trusts prescribed by this section or upon and subject to such of the trusts so prescribed as is applicable in respect of the application concerned free, subject to subsection two of this section, '0f any restrictions contained in the original deed of grant or in any deed of grant issued thereafter as to the purpose for which such land may be used, and for that purpose shall issue any certificate of title and make such endorsement or endorsements, and make any such entry in the registers as may be necessary and proper for the purposes of this section, including power and authority to the Surveyor-General and the Registrar of Titles to make any correction and other entries in the registers '01' other records of their respective offices necessary for the purposes of this section.

18026 WATER SUPPLY AND SEWERAGE. FART IV.- GENERAL. Water Acts and Another Act Amendment Act. 4 GEO. VI. No. 27, 1940. (4.) Neither the trustees nor any other person whomsoever shall have any right or claim for any damages or compensation whatsoever or any other right or remedy whatsoever at law or in equity against the Crown, or any Minister of the Crown, or any person representing the Crown or any Minister of the Crown, or the Council of the City of Warwick or any member of or person representing the said Council, for or in respect of the divesting from the trustees and the transfer to and vesting in the said Council upon the aforesaid trusts or any of such trusts of the said land or any part thereof or for or in respect of any alteration made by this section in respect of the trusts or any of the trusts for which the said land was vested in such trustees or any of them prior to the passing of this Act. SOHEDULE. SCHEDULE. PART I. All that piece or parcel of land situated in the County of Merivale. Parish of Warwick, Portion 405, being the whole of the land contained in Deed of Grant No. 94029, Volume 1083, Folio 39, area, 56 acres 2 roods (be the same a little more or less), and which land is described in the said deed of grant as commencing on the left bank of the Condamine River at the south·west corner of Portion 104, and bounded thence on the north by that portion bearing east eleven chains and twenty links, on the east by a road bearing south thirty. two chains, on the south by a road bearing west eighteen chains and seventy links, on the west by Portions 323, 324, 325, and 327 bearing north twenty.six chains and seventy links to the Condamine River, and thence by the left bank of that river upwards to the point of commencement. PART Il. The part of that piece or parcel of land set out in Part I. of this Schedule remaining after the exclusion therefrom of the area of 5 acres 1 rood and 27 perches set out and described in Part Ill. of this Schedule. PART Ill. Part of that piece or parcel of land set out in Part I. of this Schedule being an area of 5 acres 1 rood and 27 perches thereof, commencing on the left bank of the Condamine River at the south· west corner of Portion 104, and bounded thence on the north by that portion bearing east three chains ninety.eight links, on the east by Subdivision 2 of Portion 405 and a line bearing south seven chains fifty links, on the south by Subdivision 2 of Portion 405 bearing west eleven chains fifty.five and one·tenth links, on the west by Portion 327 bearing three hundred and fifty.nine degrees fifty- three minutes one chain fifty links to the Condamine River, and thence by the left bank thereof upwards to the point of commencement :-as shown on plan, Catalogue No. Mt. 1036. deposited in the office of the Surveyor-General.

WATER SUPPLY AND SEWERAGE-WORKS. 4 GEO. VI. No. 2,1940. State Development, Etc., Act. 18021 SCHEDULE. PART IV. Part of that piece or parcel of land set out in Part H. of this Schedule, being an area of 1 rood 20 perches, commencing at a point seven chains south from the south-east corner of Portion 104, and bounded thence on the north, the west, and the south by lines bearing west seven chains fifty links, south fifty links, and east seven chains fifty links ; and on the east by a road bearing north fifty links to the point of commencement :-as shown on plan aforesaid, Catalogue No. Mt. 1036. WILLS (SOLDIERS, SAILORS, AND MEMBERS OF THE AIR FORCE). See SUCCESSION. WORKS. An Act to Amend" The State Development and 4a;g:iI. Public W()rks Organisation Act of 1938" in Di: : L~ = i" certain particulars, and for other purposes. ~u: £~ ~ ~: ACT [ASSENTED TO 16TH OCTOBER, 1940.] ! ~ ~ ~ ! 6. B E it enacted by the King'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:- 1. This Act may be cited as "The State Short title Development and Public Works Organisation Act : ~ struction. Amendment Act of 1940," and shall be read as one with *" The State Development and Public Works Organisation Act of 1938," hereinafter referred to as the Principal Act. The Principal Act and this Act may be collectively Collective cited as "The State Development and Public Works title. Organisation Acts, 1938 to 1940." Amendments of the Principal Act. 2. Section three of the Principal Act is amended as Amendments follows : - of s. 3. (a) The following new definition " Land " is inserted therein after the definition "Co-ordinator-General," > namely:- " " Land "-Includes (but without limiting its Land. ordinary meaning or the meaning assigned .. 2 Geo. VI. No. 3, 8upra, page 17365.