Water (Amendment) Act 1924 (NSW)

WATER (A3IENDMENT) ACT.

Act Xo. 4, 11)24.

An Act to make certain provisions as to ])rivate George v,

irrigation sclicmcs and water and drainage	No. 4.
trusts ; to amend the A\hiter Act, 1912, as amended by subsequent Acts and for pnr-

poses connected tliercw itb.	[Assented to.
4tb September, 1924.]

T 3 b it (‘nact(;d by tlie King’s Alost Jbxecllent Alajesty,

by and with the advice and consent of the Legis­

lative Council and Jjegislative Assembly of New South

Wales in Parliament assemljled, and by tlie authority of

the same, as follows :—

1 . (1) This Act may be cited as the “ Water (Amend- siioi-t title,

merit) Act, 1924.” (2)

4   Water (Amendment) Act.

CecrgeV, (2) In this Act the expression “ tlie Princip'il

No. 4. A ct” means the Water Act, 1912, as amended by

subsequent Acts.

An en Iment of

Pa»ts 1 and 11

of Act No. 44	2 . The Principal Act is amended as follows :—
of 1912.

Sec. 4 (a) Section four: By inserting in its appropriate alphabetical order the following definition :—

“ The Commission ” means the Water Con­ servation and Irrigation Commission constituted under the Irrigation Act, 1912, as amended by the Irrigation (Amendment) Act, 1916, or any Act amending tliose Acts.

'

Sec. 5.

l b) Section five : By inserting in its appropriate

alphabetical order the following new defini­

tion :—

“ Private irrigation schem e” means any scheme under which lands are supplied or arc proposed to he supplied by a Avork Avith Avater from a river or lake to be used by two or more persons for purposes of irrigation. Por the purposes of this definition two or more persons holding land in the same intin’est to Avhich the AA’atcr is supplied or proposed to be supplied shall be deemed to be one person.

Sec. 10.	(c)	Sectio7i ten : By omitting the section and sub­ stituting the folloAA'ing ncAV section :—
Application

for licenses. 10. (1) Any occupier of land Avhereon any

No. T)I, 1902,	work to Avliich this Part extends is constructed
8. 10.	or used, or is proposed to be constructed or used,
Amendc<l,
Act No. 38,	for the purpose of—

1918, s. r.	(a)	water conservation, irrigation, Avatin* supply, or drainage ; or
(h)	the ])rcvention of inundation of land
and overfioAv of A A ater thereon ; or

(c) changing the course of a river,

may apply to the Commission in the form pre­ scribed for a license to construct and use the said Avork, and to take and use for the purposes

specified

Water (Amendment) Act. 5

specified in the application tlie water, if any, George V,

conserved or obtained thereby, and to dispose

No. 4.

of such Avatcr for the use of occupiers of land

for any purpose other thun irrigation.

(d)

Section seventeen : By omitting the word .Seo. 17. the following words ;—“ or obtained thereby to the extent and in respect of the land and in the manner specilied in the license.”

(e) Division d<: By omitting the Division and Secs. 10,20. substituting the following new Division 4 :—

D ivision 4.— Vricute irrigation schemes.

19. (1) No water shall be taken from any iMvate

river or lake for the purposes of anv private ""Siaiun

irrigation scheme, except under autliority

granted in pursuance of the provisions of this

Division:

Provided that nothing in this Division sliall make it unlawful to take water for the pur­ poses of any private irrigation scheme existing at tlie passing of the Water (Amendment) Act,. 1924, where such water is taken under a license granted in pursuance of the provisions of this Act before the passing of the Water (Amend­ ment) Act, 1924.

(2) Tlie Commission may, on applica- Appiicaiioi tion in the manner prescribed and on |,7authont' payment of the proscribed fee, grant to the

jierson or persons by whom is owned or occu­ pied the site of the pump or otiier work by means of which water is diverted from a river or lake for the purpose of a private irrigation scheme an authority for such a sclicme for a period not exceeding ten years, on such terms and conditions as the Commission may consider lit, and subject to payment to the Commission of the prescribed charges for water during the currenev of the authoritv.

' ■ (3)

Water (Amendment) Act.

George V, (.3) An authority sliall operate and cn- the benefit of the owner or oecnj'ier as the case may be tor the time being- of tlie site of the works by which the water is obtained from the river or lake; such owner or occupier shall he hound by the terms and conditions of tlie anthority, and upon breach of any of such terms and conditions or failure in payment of the prescribed charge for water, tlie autliority nrav be cancelled hv the Commission. In the event of the site of tlie rvorks being occupied liy two or more persons tliey shall he jointly and severally hound by the authority and liable to payment of the said charges.

No. 4. nre at the discretion of the Commission for

KfTect of

authority .

Renewal of	(1) On application by the liolder of the authority and on ])ayment of the prescribed fee, the authority sliall, suliject to this Act, he renewed by the Commission from time to time, for successive periods not exceeding ten years each, subject to such terms and conditions as the Commission irray think tit to iirrposo, and, firrthev, to the payment to the Corrrmission of the prescribed charges for water.
Penalty
certain

aulhoriLy.

for (5) If during the time that an authority have been made in or in connection -with the work which materially and prejudicially affect the quantity or quality of water flowing in, to, or from, or being in any river or lake, without tlie previous consent of the Commission, the person wlio has made the alterations shall he liable to a penalty not exceeding one hundred pounds, and, in addition to the imposition of the said penalty, the anthority may he can- eidlcd by the Commission.

alterations	under this Division is in force, alterations
io work.
Aniemled
authority .	(0) The holder of an authority may, during the currency thereof, in the prescrilied mamier and on payment of tlie prescribed fee, apply for an amended authority allowing alterations to the work as originally authorised,

and

Water (Amendment) Act. 7

and smdi autliority may be "ranted, subject to George V,

sucli conditions and charges as the Commission	No. 4,
thinks lit.
Ko sucli authority shall he required for any repairs or alterations rendered necessary for maintenance' or any sudden or unforeseen emergency.

(7) Isotwithstanding the provisions of powtrof

this section, the Commission may siqqdy water to tlie occupiers of any of tlu' lands within a ])rivat(‘irrigation sclu'nie by means of works under the Commission’s control.

(8) In respect of any private irrigation autliority tor

sclu'mc e.xisting at the da^e of the passing of gXmls a period of six months from such date, in which event, pending a decision of the Commission as to the granting or otherwise of such application, the Commission may permit the applicant to- take wati'i’ from a river or lake in connection with such scheme, subject to such conditions and for such period as it may determine.

the Water (Amt'ndment) Act, 1921, an appli­

cation for such authoritv mav he made to the

(9) Tlie Commission may before the Commission "ranting of anv permission or authoritv under '.y‘"i"'i'e tiic |)rovisions or tins section n^quirc the owner toiuManied of the site of the work in rc'spect of which

permission or authority is applied for to carry out any works in connection with a private irrigation scheme existing at the time of the passing of this Act, or proposed.

20. (1) Any ])orson who contravi'iics the iVm.Ut.es.

provisions of section nineteen, or contravenes or fails to carry out any condition of an author­ ity, shall he liahh' to a jienalty not oxccediug tifty pounds, and a furtlu'r jicnalty of five pounds for each day during which the contra­ vention continues after such conviction; and, in addition to the imposition of the said penalty, the authority may he cancelled hy the Commission.

( 2)

8   Water (Amendment) Act.

George V, (2) An autliority under this Division

No. 4. may be cancelled by the Commission by

Cancellatiim notification in the Gazette, wbicb shall be

of authority .

conclusive evidence of such cancellation.

•Sec. 21.	(f)	Section twenty-one : By inserting after the words “ licensed work ” the following words :— “ or any work authorised under Division 4 of this Act.”
Sec. 22.	(g)	Section twenty-two; By omitting the word “ Minister” and substituting the word “ Com­ mission,” and by omitting the word “ him ” and substituting the word “ it.”
Sec. 27.	(h)	Section twenty-seven : By omitting the section and substituting the following new section :—■

Regulations.	27. (1) The Governor may make regulations
No. 51, 1002,

s. 21.	jirescribing or relating to—
Amended,

Act No. :i8, (a) forms of application, notices, licenses,

1918, s. 5. renewals of licenses, authorities in con­ nection Avith private irrigation schemes, renewals of such authorities;

(b)	fees payable in respect of licenses, renewals of licenses, authorities in con­ nection Avith private irrigation schemes, reneAvals of such authorities;
(c)	the preA'ention of the pollution of Avater and the obstruction or injury to or interference Avith Avorks;
(d)	the furnishing by licensees, holders of authorities in respect of private irriga­ tion schemes, or persons occupying land comprised Avithin such schemes, of returns specifying the area of their irrigated land, crops AA'atercd, number of days on Avhicb irrigation is carried on, times of irrigation, and such other par­ ticulars as the Governor may consider

fit;

(e) the terms and conditions governing ])ri\'ate irrigation schemes, including charges for water;

(0

Water (Amendment) Act. 9

(f)

tlic ini])osition of :i penalty not exceed- George V, regulations, or where tlie breach is a continuin" one not exccediii" five ])Ounds for every day during which tlie lircach continues;

(g) gimerally for tlie purposes of carrying out the provisions of this Part and jiroviding for tlie procedure thereunder.

(2) Such regulations shall—

(i) 1)(> published in the Gazette ; -

(ii)  take effect from the date of publication,, or from a later date to be specilied in such, regulations;

(iii)  be laid before lioth Houses of Parlia­ ment wit-hin fourteen sitting days after jmblication if Parliament is in session, and if not, then avithin fourteen sitting days after the commencement of the iK'xt session. 1 f cither House of Par­ liament jiasses a resolution of which notice has been given at any time avitliin fifteen sitting days after such regula­ tions have been laid before such House disalloaving any regulation or part thereof, such regulation or part shall thereupon cease to have elfect.

3 . Tlic P.'incipal Act is further amended as follows ;— p™uir'of 1°' ̂ :so. 4 of rji2 .

(a)	Section thirty-one; Py omitting tlie words ‘H’oi 'Sec. 3i. :
the construction of such works and and

substituting the following :—“ for—

(a) the construction ;

(b) the acquisition ;

(c) the utilisation ; or

(d) till' ])art construction, part ac(]uisition, and jiart utilisation of such works; and

(c).’>

(b>

10                    Water (Amendment) Act.

George V,

No. 4. (h) Section thirty-five : Jty omittinp; the section

Sec. 35. and siihstitutin^ the following new section :—

Construction 35. [tpon such notification the conditions

of works.	of the proposal with sucli modification, if any,
Act No. 03,
1902. .s. 9 (3).	as aforesaid, shall be binding on the trust and
Act No. o9,	on tlic Crown, and the Minister may—

1906, .s. 7.

(a) construct;

Amended

Act No. 4S,

(h) acquire;

19K), .s. 2 (a).

(c) utilise; or

(d) partly construct, acquire, and utilise,

the works described in the proposal.

■ The cost of so—

(a) constructing;

(h) acquiring;

(c) utilising; or

(d)

partly constructing, acquiring, and

utilising

such works may he defrayed from such loan votes as are now or may hereafter he applicable to the ])urpos(>, or out of appropriations from the Public Works Fund.

Sec. 37. (c) Section thirty-seven: By inserting after the word “ completion tlic words “ acquisition or

the transfer to the trust.”

Sec. 42. (d) Section forty-two; By omitting subsection one and substituting the following snlisection :—

Ap])ointment	(1) Prior to the notification directed hy
or election

of trustees.	section tliirty-scvcn of this Act to lie made
No. 93, 1902,	Avith respect to the trust taking over works,
s. 15.	the Minister shall, hy notice in the Gazette, appoint trustees and direct the first election of trustees in pursuance of this Part.

Sec. 52. (e) Section fifry-twai: By omitting the Avords “ thereafter eonstrueted within the trust district” and hy inserting in lien thereof the

Avords “ at any time taken over hy the trust.”

Sec. 73. (f) Section seventy-three : By omitting the AA'ords

“ shall he carried out ” alti'r the AAords “ carry o u t” and substituting the Avords “ or acquire, shall he respectively carried out or acquired.”

BED