Water (Amendment) Act 1979 (NSW)

WATER (AMENDMENT) ACT, 1979, No. 159

jgeto O T a les

ANNO VICESIMO OCTAVO

ELIZABETH/E II REGIN^E

Act No. 159, 1979.

An Act to amend the Water Act, 1912, to enable the Water Resources Commission to construct drainage works in domestic and stock water supply and irrigation districts and provisional districts constituted under Part VI of that Act; to repeal Part VIII of that Act; and for other purposes. [Assented to, 10th December, 1979.]

See also Irrigation (Amendment) Act, 1979; Wentworth Irrigation (Amendment) Act, 1979;

Coomea!la Irrigation Area Deep Drainage (Repe^) Act, 1979.

Act No. 159, 1979.

Water (Amendment).

BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

Short title. 1. This Act may be cited as the “Water (Amendment) Act,

1979”.

Commence- 2. (1) This section and section 1 shall commence on the date

of assent to this Act.

(2) Except as provided in subsection (1), this Act shall

commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

Principal 3. The Water Act, 1912, is referred to in this Act as the Principal Act.

Schedules. 4« This Act contains the following Schedules :—

SCHEDULE 1.—A m e n d m e n t s to th e P r in c ipa l A c t .

SCHEDULE 2.— T r a n sitio n a l , Savings and V alidation

P rovisions .

Amendment 5. The Principal Act is amended in the manner set forth in

Schedule 1.

44 , 1912 .

Transitional,	6.	Schedule 2 has effect.
savings and validation provisions-

Act No. 159, 1979.

Water (Amendment).

SCHEDULE 1. Sec. 5.

A m e n d m e n t s to th e P r in c ipa l A c t .

(1) Section 1, matter relating to Part VIII—

Omit the matter.

(2) (a) Section 130, heading—•

Omit “and general".

(b) Section 130, definition of “Drainage”—

After the definitions of “District” and “Provisional

District”, insert :—^

“Drainage” includes surface drainage and subsoil

drainage.

(c) Section 130—

After “machinery,”, insert “bore”.

(3) (a) Section 131, heading—

Before section 131, insert :—

Proposals for constitution of districts.

(b) Section 131 (1 )—

After “supply” where firstly occurring, insert “and any existing or proposed works of drainage”.

(c) Section 131 (1) (ii) —

After “irrigation” where lastly occurring, insert “and in connection with drainage”.

(4) Section 133 (1) (b) —

Omit “benefited, and”.

67880G-54

Act No. 159, 1979.

Water {Amendment).

SCHEDULE I— continued.

A m e n d m e n t s to th e P r in c ipa l A c t—continued.

(5) Sections 133aa, 133ab and headings thereto—

After section 133a, insert :—

Schemes.

Schemes	133aa. (1) The Commission may—
for works.

(a)

in respect of a domestic and stock water supply district or provisional district, prepare a scheme for the water supply works of the district or provisional district; or

(b)

in respect of a domestic and stock water supply and irrigation district or provisional district, prepare—

(i) a scheme for the water supply works;

(ii) a scheme for the drainage works; or

(iii) a scheme for the water supply works and drainage works,

of the district or provisional district.

(2) The Commission may, at any time, revoke

or amend a scheme prepared pursuant to subsection (1).

Consent of Commission.

Consent of	133ab. ( 1) A person who proposes to construct—
Commission.

(a) a water supply work in a district or provisional district; or

Act No. 159, 1979.

Water {Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s to th e P r in c ipa l A c t—continued.

(b) a drainage work in a domestic and stock water supply and irrigation district or provisional district,

shall make application to the Commission, in such form as the Commission may require, for the consent of the Com­ mission to the construction of the work.

(2) Upon application being made under sub­ section (1) for the consent of the Commission, the Commission may refuse its consent—

(a) where the proposed work to which the applica­ tion relates is a water supply work and does not comply with—

(i)   any scheme referred to in section 133aa ( 1) (a) or (b) (i) that, at the date on which the application is made, exists in respect of the district or provisional district within which the proposed work is to be constructed; or

(ii)   any scheme referred to in section 133aa ( 1) (b) (iii) (in so far as the scheme relates to water supply works) that, at the date on which the application is made, exists in respect of the district or provisional district within which the proposed work is to be constructed; or

(b) where the proposed work to which the applica­ tion relates is a drainage work and does not comply with—

(i)   any scheme referred to in section 133aa ( 1) (b) (ii) that, at the date on which the application is made, exists in respect

Act No. 159, 1979.

Water {Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s to th e P r in c ipa l A c t—continued.

of the district or provisional district within which the proposed work is to be constructed; or

(ii)   any scheme referred to in section 133aa ( 1) (b) (iii) (in so far as the scheme relates to drainage works) that, at the date cn which the application is made, exists in respect of the district or provisional district within which the proposed work is to be constructed.

(6) (a) Section 134 (2) (a) —

Omit “and” where lastly occurring.

(b) Section 134 (2) (d )—■

Omit the paragraph, insert instead :—

(d) in the case of lands proposed to be added to a domestic and stock water supply and irrigation district or provisional district or to be transferred from a domestic and stock water supply district or provisional district to a domestic and stock water supply and irrigation district or provisional district—

(i)   the holdings (if any) to which it is proposed to attach water rights;

(ii)   the number of water rights to be attached to each holding; and

(iii)   the type and extent of drainage works (if any) that are to be provided in respect of the additional or transferred lands.

Act No. 159, 1979.

Water {Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s to th e P r in c ipa l A c t—continued.

(7) Section 142 (3 )—

After section 142 (2), insert:—

(3) Where an error has been made in the assessment

of a charge referred to in subsection (1) or (2 ), the Commission may re-assess the charge and make any adjustment necessitated by the re-assessment.

(8) (a) Section 147 (2), proviso—

Omit “or on which”, insert instead “, on which”.

(b) Section 147 (2), proviso—

After “repair”, insert “or on which the drainage works are in the opinion of the Commission inadequate or in a bad state of repair”.

(c) Section 147 (9) (d )—

After “such works”, insert “or in respect of which, in the opinion of the Commission, adequate drainage works cannot be provided”.

(d) Section 147 (9) (f)—

After “Any”, insert “re-assessment or”.

(e) Section 147 (10)—

Omit the subsection.

(f) Section 147 (11)—

Omit “subsection (1 0 )”, insert instead “sections 147b

to 147 J”.

Act No. 159, 1979.

Water (Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s to th e P r in c ipa l A c t—continued.

(9 )	Section 147ac and heading thereto—
After section 147ab, insert :—

Drainage.

Brainage. 147AC. (1) The Commission may—

(a) require the owner of a holding within a domestic and stock water supply and irrigation district or provisional district to construct on his holding such works as are, in the opinion of the Commission, suitable and adequate for—

(i)   the storage of water on the holding prior to the discharge of the water into the drainage works of the district or provisional district; and

(ii)   the regulation of the discharge of the water into the drainage works referred to in subparagraph (i);

(b)	stipulate the location, design, form, dimensions and levels of and materials for any works required to be constructed under paragraph (a );
(c)	require that water from a holding within a domestic and stock water supply and irrigation district or provisional district be stored in any works required to be constructed under para­ graph (a) on the holding for such period, prior to its discharge into the drainage works of the district or provisional district, as the Commission may from time to time direct; and
(d)	stipulate the time at which and volume in which water may be discharged from a specified holding or class of holdings within a domestic and stock

Act No. 159, 1979.

Water (Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s to th e P r in c ipa l A ct—continued.

water supply and irrigation district or provisional district into the drainage works of the district or provisional district.

(2) Where the owner of a holding within a

domestic and stock water supply and irrigation district or provisional district does not construct, or fully con­ struct, any works that the Commission may require him to construct under subsection (1) (a), or constructs those works otherwise than in accordance with any stipulation made under subsection (1) (b) in respect of those works, the Commission may construct, or complete the construc­ tion of, such of those works as have not been constructed or fully constfucted or reconstruct those works so that they comply with the stipulation (if any), as the case may require.

(3) The Commission may recover the costs and expenses incurred in constructing or completing the con­ struction of the works referred to in subsection (2), or reconstructing those works so that they comply with any stipulation made under subsection (1) (b) in respect of them, in any court of competent jurisd’ction as a debt from the owner of the holding on which those works are con­ structed, or on which the construction of those works has been completed, or on which those works have been reconstructed, as the case may be.

(4) Where—^

(a) water is discharged into.the drainage works of a domestic and stock water supply and irrigation district or provisional district from works con­ structed pursuant to a requirement made under subsection (1) (a) and the works have not been

Act No. 159, 1979.

Water {Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s to th e P r in c ipa l A c t—continued.

constructed in accordance with any stipulation made under subsection (1) (b) in respect of them; or

(b) water is so discharged in contravention of a requirement made under subsection (1) (c) or a stipulation made under subsection (1) (d),

the water is discharged otherwise than under the authority

of this Part.

(5) Where, but for this subsection, a person

would not be permitted to discharge water into .the drainage works of a domestic and stock water supply and irrigation district or provisional district, he may do so with the permission of the Commission subject to compliance with such conditions, and payment of such charges, as are imposed by the Commission when giving that permission.

(10) Section 147a (2 a ) —

After section 147a (2), insert :—-

(2a) Where a declaration has been made in accordance with subsection (1), in respect of holdings within a dom­ estic and stock water supply and irrigation district or provisional district the Commission shall determine which of the existing drainage works are sufficient to drain adequately the holding into which holdings have been amalgamated as referred to in subsection (1) and, after 1st July next following the declaration, nothing in this Part authorises the owner of that holding to drain water from the holding into the drainage works of the district or provisional district other than into such works as are specified by the Commission in a notice in writing served on that owner.

Act No. 159, 1979.

Water (Amendment).

SCHEDULE 1—continued.

A mendments to the Principal Act—continued.

(11)	Sections 147b-1 4 7 j and heading to section 147b—
After section 147a, insert :—

Subdivision of Holdings.

1 4 7 b . (1) Where the owner of a holding within a Construction

district or provisional district proposes to subdivide the certain

holding and dispose of any part of the holding, that owner subdivision,

shall construct, at his own cost, such works as are, in the

opinion of the Commission, necessary, in respect of either

the part of the holding to be disposed of or the part to be

retained by that owner, to construct—

(a)

means of conveying water from the water supply works of the district or provisional district;

(b)

means of regulating and measuring the supply of water;

(c)

means of access from roads in any case where access would not be available except by crossing a channel of the district or provisional district;

(d)

means of access across a channel of the district or provisional district where that means of access is required by reason of the subdivision of the holding; and

(e)

where that holding is within a domestic and stock water supply and irrigation district or provisional district—

(i)	means of drainage to the drainage works of the district or provisional district;
(ii)	means of storage as referred to in section 147ac (1) (a) (i); and

Act No. 159, 1979.

Water {Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s to th e P r in c ipa l A c t— continued.

(iii)   means of drainage within any part of the holding.

(2) The Commission may stipulate the location,

design, form, dimensions and levels of and materials for

any works required to be constructed under subsection (1).

(3) The Commission may, at the request of the owner of a holding who proposes to subdivide and dispose of any part of it, by agreement with that owner and at his cost, undertake the construction of any works required to be constructed under subsection (1).

Works to be	147c. A work constructed under section 147b or 147e
property of

Commission	is the property of the Commission.
Lands to be	147d. (1) Except as provided by subsection (2), any for a work that is required to be constructed under section 147b (1) shall be provided by the owner of that land and shall be transferred, free of charge, to the Commission.
transferred
to	land that is, in the opinion of the Commission, necessary
Commission.
(2) Where the Commission is satisfied that an easement over any land referred to in subsection (1) is sufficient to enable the construction of any work required
to be constructed under section 147b (1), the owner of
that land shall grant the easement required by the Commis­ sion, free of charge, prior to the disposal by him of any part of the land that may be affected by the easement.

Commission	147e. Where the owner of a holding within a district or
may

construct	provisional district proposes to subdivide and dispose of
certain	any part of the holding and does not construct, or fully
works.	construct, any works that the Commission may require him

Act No. 159, 1979.

Water (Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s to t h e P r in c ip a l A c t —continued.

to construct under section 147b (1), or constructs those works otherwise than in accordance with any stipulation made under section 147b (2) in respect of those works, the Commission may construct, or complete the construc­ tion of, such of those works as have not been constructed or fully constructed or reconstruct those works so that they comply with the stipulation (if any), as the case may require.

147f . (1) The Commission may recover the costs and Recovery

expenses, including the cost of acquisition of any land or

easement deemed by the Commission to be necessary for sion.

the works required to be constructed under section 147b

(1), incurred in constructing, completing the construction

of or reconstructing those works, in any court of competent

jurisdiction as a debt either from—

(a)	the owner of the holding who proposes to subdivide and dispose of any part of the holding;
(b)	any person who acquires the part of the holding in respect of which the works are required to be constructed,

as the Commission may determine.

(2) Where the Commission recovers the costs and expenses referred to in subsection (1) from a person referred to in subsection (1) (b), that person may, subject to the terms of any agreement between himself and the the person from whom he acquired the part of the holding, recover those costs and expenses from the person from whom he acquired the part of the holding.

Act No. 159, 1979.

Water {Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s to t h e P r in c ip a l A c t — continued.

Commission	147g . Where the Commission deems it necessary for any
may

authorise the

work to be constructed on any street, road or reserve, the

construction

Commission may authorise the construction of that work.

of certain

works.

Certain	147 h . (1) A work constructed under section 147 e by
work

deemed to	the Commission shall be deemed to be constructed as a
be works of	work of the district or provisional district, as the case may
district, etc.	be, in which it is constructed.
(2) The provisions of section 148 apply to and in respect of the construction of a work referred to in subsection (1).
Relief from	147i. Where the owner of a holding within a provisional to the construction by the Commission, in the vicinity of the holding, of any of the works of the provisional district, the Commission may, if it deems fit, relieve that owner from the obligation to construct on the holding any of the works referred to in section 147b (1).
obligation
to construct	district proposes to dispose of any part of the holding prior
works.

Commission	147j . (1) If any works which are, in the opinion of the
deemed to

have power	Commission, necessary to provide—
to construct

works in	(a) means of conveying water from the water supply
certain

lands	works of a district or provisional district to lands
acquired by	within the district or provisional district; or
the Crown.

(b) means of drainage to the drainage works of a domestic and stock water supply and irrigation district or provisional district from lands within the district or provisional district.

Act No. 159, 1979.

Water {Amendment).

SCHEDULE 1—continued.

AMENDMEiNTS TO THE PRINCIPAL A c T — Continued.

being lands which have been acquired by the Crown—

(c)	by purchase or resumption under the provisions of the Closer Settlement (Amendment) Act, 1907; or
(d)	by purchase or vesting under the provisions of the Closer Settlement Amendment (Conversion) Act, 1943,

or to or from, as the case may require, any part of any such lands, and those works have not been constructed, the Commission has, and shall be deemed always to have had, power to construct those works as works of the district or provisional district within which those lands are situated.

(2) The provisions of section 148 apply, and shall be deemed always to have applied, to and in respect of the construction of any works referred to in subsection

( 1) .

(12) Section 148 (7 )—

Omit “the said land”, insert instead “the land or the provision under this Part of drainage works to the land”.

(13) (a) Section 148a, heading—

Omit the heading, insert instead :—

Offences.

Act No. 159, 1979.

Water {Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s to th e P r in c ipa l A ct—continued.

( b ) Section 148a ( 1 ) , ( 2 ) , ( 3 ) , ( 3 a ) —

Omit section 148 a ( 1 ) , ( 2 ) , ( 3 ) , insert instead ;—-

(1) A person who, except under the authority of

this Part or with the permission of the Commission—

(a)

takes or uses, or suffers or permits to be taken or used, water from any water supply work of a district or provisional district; or

(b)

interferes, or suffers or permits another person to interfere, with the flow of water in any work of a district or provisional district by opening or closing, or by suffer­ ing or permitting the other person to open or close, whether in whole or in part, any valve, sluice, gate, meter or similar regulator or by removing or placing in position, or by suffering or permitting the other person to remove or place in position, any dropbar or similar appliance,

is guilty of an offence and is liable on conviction to a

penalty not exceeding $500.

(2) A person who, except under the authority of

this Part or with the permission of the Commission—

(a)	diverts or takes, or suffers or permits to be diverted or taken, water supplying or flowing into any work of a district or provisional district; or
(b)	does any act, or suffers or permits any act to be done, whereby the water from any work of a district or provisional district may be drawn off or diminished in quantity,

Act No. 159, 1979.

Water (Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s to t h e P r in c ip a l A c t —continued.

is guilty of an offence and is liable on conviction to a penalty not exceeding $100 for each day during the whole or any part of which the supply of water is diverted, taken, drawn off or diminished by reason of any act done by or at the direction of the person.

(3) A person who, except under the authority of

this Part or with the permission of, or in accordance with a requirement or stipulation of, the Commission, drains, or suffers or permits to be drained, any water into the works of a district or provisional district is guilty of an offence and is liable on conviction to a penalty not exceeding $500.

(3 a ) a person who destroys, damages or interferes

with, or suffers or permits another person to destroy, damage or interfere with, any work of a district or provisional district, is guilty of an offence and is liable on conviction to a penalty not exceeding $500.

(1 4 ) $ection 1 4 8 b and heading thereto-

After section 148 a , insert :—

Exclusion from claims for damage, etc.

1 4 8 b . Except as expressly provided in this Part, and Exclusion

notwithstanding any Act or other law to the contrary, a f̂ °

person does not have—

etc., except’

where

(a) any right or claim to relief of any kind whatever cxpres? ̂ •' provision

in any legal or other proceeding in respect of any made,

nuisance connected with or in any way arising

out of—

(i) the design, construction, alteration,

maintenance, non-maintenance, opera­ tion, repair, disrepair or non-repair of a work of a district or provisional district;

Act No. 159, 1979.

Water {Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s to th e P r in c ipa l A c t—continued.

(ii)   the destruction or damage, or partial destruction or partial damage, by flood, storm, tempest or otherwise of a work of a district or provisional district; or

(iii)   the exercise (in respect of a work of a district or provisional district) by the Commission of any power, authority, duty or function conferred or imposed on the Commission by or under this Part; or

(b) any right or claim to abate or remedy any nuisance referred to in paragraph (a),

against the Crown, a Minister, the Commission, the Chief Commissioner or a commissioner or any officer, servant, employee or other agent of the Crown, a Minister, the Commission, the Chief Commissioner or a commissioner.

(15) (a) Section 149 (1 ) (b )—

Omit the paragraph, insert instead :—

(b) for the prevention of injury to the works of a district or provisional district or to any other work used in connection with those works;

(b) Section 149 (1) ( c l ) —

After section 149 (1) (c), insert :—

(c l) prescribing the times at which water may be discharged into the drainage works of a domestic and stock water supply and irrigation district or provisional district and the volumes in which water may be discharged at any such times;

Act No. 159, 1979.

Water {Amendment).

SCHEDULE I— continued.

A m e n d m e n t s to th e P r in c ipa l A c t—continued.

(c) Section 149 (1) (g l)—

After section 149 (1) (g), insert:—

(g l) prescribing the location, design, form, dimen­ sions and levels of and materials for works required to be constructed by the owners of holdings within a district or provisional district so as to prevent the siltation, blockage or erosion of the drainage works of the district or provisional district, as the case may be;

(d) Section 149 (3), (4 )—

Omit the subsections, insert instead :—

(3) Section 41 of the Interpretation Act, 1897, applies in respect of a regulation made under sub­ section (1) as if this Act had been passed after the commencement of the Interpretation (Amendment) Act, 1969.

(16) Part VIII—

Omit the Part.

SCHEDULE 2. Sec. 6.

T ransitional , Savings and V alidation P ro visions .

1, In this Schedule, except in so fur as the context or subjeet-matter j^tefpre-

otherwisc indicates or requires— tation.

“appointed day’’ means the day appointed and notified under seetion

2    ( 2 ) ;

Act No. 159, 1979.

Water {Amendment).

SCHEDULE 2—continued.

T ransitional , Savings and V alidation P rovisions— continued .

“Commission” means the Water Resources Commission constituted

under section 4 of the Water Resources Commission Act, 1976;

“construction” includes acquisition, utilisation and partial construction,

acquisition and utilisation;

“district” includes a provisional district;

“drainage work” means a work constructed for the purpose of supplying

means of drainage;

“water supply work” means a work constructed for the purpose of

supplying water;

“work” has the same meaning as it has in section 130 of the Principal

Act.

Commission 2. The Commission shall be deemed to have had power on and from deemed to 28th November, 1930, to construct drainage'works in any domestic and have had stock water supply and irrigation district constituted under Part VI of the

drainage

works.

Continua­ 3. A district or provisional district constituted under Part VI of the

tion of	Principal Act continues on and after the appointed day—
Part VI

districts, (a) where, immediately before that day, it was a provisional district

etc. —as a provisional district; or

(b) where, immediately before that day. it was a district—as a district,

duly constituted under and subject to Part VI of the Principal Act, as

amended by this Act.

4.        Where, before the appointed day, any act, matter or thing was done

Construc­

tion	in respect of the construction of drainage works in any domestic and stock
of certain
drainage	water supply and irrigation district constituted under Part VI of the
works	Principal Act, the act, matter or thing so done is validated.
validated.

Act No. 159, 1979.

Water (Amendment).

SCHEDULE 2—continued.

T ransitional , Savings and V alidation P rovisions— continued .

5. Any drainage works except—

Certain

works

(a) drainage works constructed in the Coomealla Provisional Subsoil deemed to

Drainage District; and

have been

constructed

(b) drainage works constructed in the Curlwaa Provisional Subsoil and under Part

Surface Drainage District, VI of the Principal

constructed, before the appointed day, under Part VIII of the Principal Act	Act.
shall be deemed to have been constructed under Part VI of the Principal Act, as amended by this Act, as if that Part, as so amended, had been in force at the time they were constructed.

6.        The Commission may, by notification published in the Gazette, waive Waiver of

any rate, or the balance of any contribution, payable under Part VIII of rates and

the Principal Act and outstanding immediately before the appointed day

and the waiver has effect as if that rate or balance had been paid.

by

Commis­

sion.

7. Nothing in this Act affects the validity of any notification or proclama- Validity

tion published, before the appointed day, under section 133 of the Principal of certain

notifications

■

and

proclama­

tions not

affected.

8. Where any words in a notification or proclamation published in the Construction

Gazette, before the appointed day, under Part VI of the Principal Act, or in of certain

any brief reference published in a newspaper, before that day, to any words,

such notification or proclamation, specify or necessarily imply, in respect

of a domestic and stock water supply and irrigation district constituted

under that Part, that—

(a) the district is constituted for the supply of water only;

(b) water supply works only would be constructed in the district;

(c) the district is not constituted for drainage purposes; or

(d) drainage works would not be constructed in the district,

those words shall be construed, on and after that day, as if they specified

or necessarily implied—

(e) in the cases referred to in paragraphs (a) and (c)—that the district is constituted for the supply of water and for such drainage works as the Commission considers necessary; or

Act No. 159, 1979.

Water (Amendment).

SCHEDULE 2—continued.

T ransitionaf., Savings and V alidation P rovisions— continued.

(f) in the cases referred to in paragraphs (b) and (d)—that water supply works would, and drainage works may, be constructed in the district.

Acquisition	9. (1) Where there is in existence on the appointed day any privately constituted under Part VI of the Principal Act, the Commission may acquire those drainage works subject to the payment of compensation by the Commission to the owner of those drainage works.
of drainage	owned drainage works in a domestic and stock water supply and irrigation
Communion

(2) Before acquiring the drainage works under subclausc (1) of this

clause, the Commission shall give written notice to the owner of those

drainage works at least 3 months prior to acquisition.

(3) The compensation referred to in subclause (1) of this clause

is such amount as may be agreed upon between the Commission and the owner of the drainage works or, in the absence of agreement, as may be determined under subclauses (4), (5) and (6) of this clause.

(4) Where the Commission and the owner of the drainage works fail to reach agreement as to the amount referred to in subclause (3) of this clause within 3 months of the date of the notice given under subclause (2) of this clause, the matter shall be referred by the Commission or that owner to the Land and Valuation Court for determination of the amount of compensation.

(5) The Land and Valuation Court shall have jurisdiction to hear and determine any matter referred to it under subclause (4) of this clause.

(6) The determination of the Land and Valuation Court shall be final and shall be carried into effect by the Commission and the owner of the drainage works in respect of which the determination is made.

(7) The Land and Valuation Court may award such costs as it

thinks fit in relation to any matter referred to it under subclause (4) of

this clause.

Act No. 159, 1979.

Water {Amendment).

SCHEDULE 2—continued.

T ransitionai , Savings and V alidation P rovisions—continued.

10. Nothing in this Schedule derogates from any saving made by the Interpreta-

Interpretation Act, 1897. tion Act,