Water Conservation and Irrigation Advisory Committee Act 1932 (NSW)

WATER CONSERVATION

AND IRRIGATION ADVISORY

COMMITTEE ACT.

Act No. 45, 1932.

Nô *^^\932 provide for tlie constitution of a Water Conservation and Irrigation Advisory Com­ mittee; to authorise that committee to make investigations in relation to the construction, control, and management of works of water conservation, irrigation and water supply, and the administration and management of irrigation areas, and to report thereon; to authorise the determina­ tion of certain amounts by the Governor; to amend the Irrigation Act, I9 I2 -I93I; and for ^purposes connected therewith. [Assented to, 2Ist December, 1932.]

' —— ’

BE

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Committee Act. No, 45j 1932.

T3 E it enacted by the King's Most Excellent Majesty, I f by and with the advice and consent of the Legis­ lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1 . (1) This Act may be cited as the “ Water Con- siiort title

servation and Irrigation Advisory Committee Act, 1932.” mencement.

(2) This Act shall commence upon a date to be

appointed by the Governor and notified by proclamation

published in the Gazette.

2 . In this Act, unless the context or subject-matter nterpreta-

otherwise indicates or requires,—

“ Commission ” means the Water Conservation and Irrigation Commission constituted under the Irrigation Act, 1912-1931.

Commissioner ” means a member of the Water

Conservation and Irrigation Commission con­

. stituted under the Irrigation Act, 1912-1931.

:	Committee ” moans the AVater Conservation and Irrigation Advisory Committee constituted under this Act.
Irrigation area ” means irrigation area constituted

'	under the Murrumbidgee Irrigation Act, 1910,
'	or the Irrigation Act, 1912-1931. '

“ Member ” means a member of the AVater Con­ servation and Irrigation Advisory Committee, and includes a person appointed as deputy of a

;

■ member of the committee.

“ Prescribed ” means jirescribed by this Act or by

regulations made thereunder'.

A reference in this Act to any other Act shall be deemed to include a reference to all rules, regulations and by-laws for the time being in force thereunder,

3 . (1) There shall be constituted a AVater Conserva- Oenstitution

tion and Irrigation Advisory Committee which shall

cari-y into effect the objects and purposes of this Act,

’

and have and discharge the duties, powers and functions

thereby conferred and imposed on the committee.

(2)

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Ho. 46, 1632. Committee Act.

(2) The committee shall consist of three members, who shall be appointed by the Governor, and one of the members shall be a person for the time being holding office as a commissioner imder the Irrigation Act, 1912­ 1931, other than the chairman of the Commission. ,

(3) The Governor may appoint a person, possessing the necessary qualifications, to fill any vacancy arising on the committee.

(4) The provisions of the Public Service Act, 1902, shall not apply to the appointment of members of the committee.

(5) Every member of the committee, except the commissioner appointed as member and any member who is an officer of the Public Service, shall be paid such fees as may be prescribed.

(6) One of the members shall in and by the instru­ ment by which he is appointed be the chairman of the committee.

(7) Any two members of the committee, of which one shall be the chairman or the deputy-chairman, shall form a quorum for the purpose of transacting business of the committee.

(8) If at any meeting of the committee, at which two members only are present, such members differ in! opinion upon any matter, the determination of such matter shall be postponed until three members are present.

(9) In the case of the illness, suspension or absence of the chairman or ary other member of the committee, a deputy may be appointed by the Governor to act for such member during his illness, suspension or absence, and every such deputy shall, during the time he acts as deputy, have all the powers and authority of such member.

(10) No act or proceeding of the committee shall be invalidated or prejudiced by reason only of the fact that at the time when such act or proceeding was done or commenced there was a vacancy in the office of any one member. . , . . . . . ; :

(11)

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(11) Upon tlie expiration of twelve months after the commencement of this Act, or upon the publication in the Gazette of a proclamation by the Governor declaring that the duties and functions imposed by section four of this Act have been discharged, whichever is the earlier date, the committee shall be dissolved and the members of the committee shall cease to hold office as such members.

4 . (1) The committee shall, as soon as practicable Committee

fter the commencement of this Act, furnish to the Govei’: reporTand

^or a report setting out the steps which they consider 'iraft	legislation.
should be taken—

(a) to make better provision for the construction, control and management of works of water conservation, irrigation and water supply, and the administration and management of irriga­ tion areas;

!	(b)	to effect an adjustment or transfer of any powers, authorities, duties, functions or obliga-
I	tions exercised and discharged by the Com­ mission whore, by such adjustment or transfer,
i	such powers, authorities, duties, functions or
,	obligations can be more efficiently and econo­
:	mically carried out by the Department of Public Works, the Department of Lands, the Depart­ ment of Agriculture, the Department of Local Government, the Department of Mines, the Eural
'	Bank, or otherwise;
(c)	to make such readjustments or ti’ansfers of officers, servants, and employees employed by

■ the Commission as will ensure the observance

'	of a proper standard of efficiency and economy
I	for carrying out the imwers, authorities, duties, functions and obligations in terms of the com­
,	mittee’s recommendation;

. (d) to provide, as far as is practicable, for the application of the provisions of the Public

, Service Act, 1902, as amended by subsequent

d	Acts, to the officers, servants and employees
'	emjdoyed by the Commission;

t ( o )

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No. 45, 1932. Committee Act.

^ (e) to make such financial arrangements as may be

r :	necessary to carry into etfect the recommenda-
; ■	tions of the committee.

• (2) The report of the committee shall be accom­ panied by a draft Bill or Bills for any legislation neces­ sary to give effect to the committee’s report.

(3) The Permanent Head of each of the Depart­

ments mentioned in i:)aragraph (b) of subsection one of this section and the Commissioners of the Government Savings Bank of New South Wales shall, each, select an officer to confer with and assist the committee when exercising the jurisdiction, functions and powers under this Act.

The services of the officers so selected shall be made available to the committee for such duties as the com­ mittee may direct.

Such officers may, if the committee so elect, take part in the proceedings and deliberations of the committee, but as assessors only and without vote.

(4) The committee, or any member or any person authorised by the committee in writing in that behalf, either generally or for a particular case or class of cases, may inspect all offices of the Commission and all books, papers, documents, accounts, places, properties, works and buildings under the control of the Commission.

The committee may investigate the character of the work performed by the Commission and by tlie officers, servants and employees of the Commission, and the efficiency, economy and general working of the Commis­ sion and the officers, servants and employees thereof.

(5) Where the inspection and investigation is con­ ducted by the committee, the committee may examine such witnesses as may appear necessary.

(6) The committee may, at any time, and, from time to time, require the Commission to furnish all sucii information as the committee may require.

(7) For the x^urpose of conducting any insxoection or investigation under tliis Act, the committee shall have the same x^owers and authorities to summon witnesses and receive evidence as are conferred by the Eoyal CoiTi- missions Act, 1923, on a Commission, and the chairman

shall

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Committee Act.

shall have the powers of a chairman, within the meaning of Division 1 of Part II of the said Act; and the said Act, section thirteen and Division 2 of Part II excepted, shall apply to Avitnesses so summoned and evidence so received and given, as completely and effectually as if such wit­ nesses had been summoned and such evidence had been received or given by virtue or under the authority of the said Act.

(8) The committee may for the purposes of this

Act make use of the services of any officers, servants or employees of the Commission.

5 . (1) Notwithstanding anything contained in this oi* Direction of

any other Act, the Governor, on the recommendation oJ’ beearrleV”

the committee, on being satisfied that it is in the interests out.	_
of the public so to do, may from time to time by proclama­ tion published in the Gazette direct the Commission or any officer, servant or person in the employment of th(i Commission, upon whom any powers, duties, functions or obligations are conferred by the Irrigation Act, 1912­ 1931, to do or refrain from doing any act, matter or thing whatsoever, and every such direction shall immediately be carried into effect.
Any such direction may be general or limited to a particular case or class of cases.
Any such proclamation may from time to time, upon the recommendation of the committee, be revoked oi' varied by the Governor by a like proclamation.
(2) Every proclamation made under this section shall take effect from the date of the publication thereof in the Gazette or from a later date to be specified in the proclamation, and every direction contained in the pro­ clamation shall be carried into effect forthwith.
(3) Every proclamation made under this section together with the recommendation of the committee relating to any direction contained therein shall be laid before both Houses of Parliament within fourteen sitting days after publication if Parliament is in session, and if not, then within fourteen sitting days after the commence­
ment of the next session.

*■ t ■' : 5 y - I f

S t o | Water Conservation and Irrigation Advisory

Committee Act.

If either House of Parliament passes a resolution of

which notice has been given at any time Avithin fifteen

sitting days after the proclamation has been laid before

■	such House disalloAving any direction or part thereof contained in the proclamation, such direction or part shall thereupon cease to have effect.
Gover­
nor may	6 . (!)■ NotAvithstanding anything contained in the money or the rental payable in respect of any area of land of the Crown in an iriigation area, and the value of the improA^ements on such area, and the rate or charge for water made in respect of any land under the Irriga-
determine	Irrigation Act, 1912-1931, or any other Act, the purchase
amounts.
certain

,	tion Act, 1912-1931, may, at any time, and from time to
.	time, while this Act is in operation, be redetermined by the Governor.
(2) Subject to this section any redetermination of the Governor shall be final and conclusive.

(3) The GoAmrnor may, at any time, and from

time to time, while this Act is in operation remit either wholly or in part the jDayment of any moneys owing to the CfOAvn or to the Commission by an occupier under and Avithin the meaning of the Irrigation Act, 1912-1931.

(4) Any redetermination or remission under this section shall be notified in the Gazette, shall take effect from a date specified in the notification, and the notifica­ tion thereof shall be laid before both Houses of Parlia­ ment within fourteen sitting days after the publication of the notification if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session.

If either House of Parliament passes a resolution of

AA’hich notice has been given at any time within fifteen sitting days after the notification has been laid before such House disalloAving any redetermination or remis­ sion, such redetermiuation or remission shall thereupon

cease to have effect. .

Begulatious. 7 . (1) The Governor may make regulations not incon­ sistent Avith this Act, prescribing all matters Avliich are necessary or convenient to be prescribed, to carry this Act into effect or to give effect to any power, function, duty or authority of the committee under this Act.'

Without

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Without projuclicG to the generality of the foregoing provision the regulations may provide for the constitu­ tion of local committees which shall exercise and dis­ charge such powers, functions, duties and authorities in relation to the execution of this Act as may be speeifi vl in the regulations.

(2) The regulations shall—■

(a) be published in the Gazette;

(b)

take effect from the date of such publication ^r

from a later date to be specified in the rcgula- ’	■"
tions;	̂ ' '

(c) be laid before lioth Houses of Parliament within fourteen sitting days after pulilication if Parlia­ ment is in session, and if not, then within four-

̂

■	teen sitting days after the commencement of tlie
’	next session.
If cither House of Parliament passes a resolu- tion of wliich notice has been given at any tiuie within fifteen sitting days after the regulations have been laid before such House disallowing any regulation or part thereof, such regulation or part shall thereupon cease to have effect.
■

_

(3) Any regulation may impose a penalty not ex- ceediug twenty pounds for any breach thereof.	'
(4) Any penalty imposed by the regulations nn y be recovered in a summary manner before a stipendiary or police magistrate or any two justices.

8 . The provisions of this Act shall cease to have etfect Duration ''B

twelve months after the commencement thereof.

GAMING