Water Resources Administration Act 1978 (Qld)

696 Quwmlan^ ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 79 of 1978 An Act relating to the re-designation of the Commissioner of Irrigation and Water Supply as the Commissioner of Water Resources and to his powers, functions and duties; to provide for an Advisory Council and Advisory Committees to advise the Minister and the Commissioner; to amend the Irrigation Act 1922-1977 in certain particulars ; and for connected purposes [ASSENTED TO 15TH DECEMBER, 1978] 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:- PART I-PRELIMINARY 1. Short title. This Act may be cited as the Water Resources Administration Act 1978. 2. Commencement . This Act shall commence on a day to be fixed by Proclamation.

Water Resources Administration Act 1978, No. 79 697 3. Arrangement of Act. This Act is arranged as follows:- PART I-PRELIMINARY; PART II-APPOINTMENTS AND ADMINISTRATIVE PROVISIONS; PART III-FUNCTIONS, ETC., OF COMMISSIONER OF WATER RESOURCES; PART IV-ADVISORY COUNCIL AND ADVISORY COMMITTEES; PART V-GENERAL; SCHEDULES. 4. Repeals and amendments . (1) The Acts specified in the First Schedule are repealed as and to the extent indicated therein. (2) (a) The Irrigation Act 1922-1977 is amended as and to the extent indicated in the Second Schedule. (b) That Act as so amended may be cited as the Irrigation Act 1922-1978. 5. Act additional to other laws . This Act shall be construed as being in addition to and not in derogation of or substitution for any other Act or law of the State. 6. Interpretation . In this Act, unless the contrary intention appears- " Assistant Commissioner " means an Assistant Commissioner of Water Resources including the Assistant Commissioner (Administration) ; " the Commissioner " means the Commissioner of Water Resources; " the Deputy Commissioner " means the Deputy Commissioner of Water Resources; " the Minister " means the Minister for Lands, Forestry and Water Resources or other Minister of the Crown for the time being charged with the . administration of this Act: The term includes any Minister of the Crown who is temporarily performing the duties of the Minister; " officer " means an officer of The Commissioner of Water Resources. PART II-APPOINTMENTS AND ADMINISTRATIVE PROVISIONS 7. Administration of Act. Subject to administration by the Minister, this Act shall be administered by the Commissioner. 8. Commissioner a corporation sole. (1) The corporation sole referred to in and constituted under section 3 of The Irrigation and Water Supply Commission Acts, 1946 to 1949, namely, The Commissioner of Irrigation and Water Supply, is preserved, continued in existence and constituted under this Act under the name " The Commissioner of Water Resources ". (2) The Commissioner for the time being and from time to time in office shall constitute the corporation sole which shall have perpetual succession and an official seal, and shall be capable in law of- (a) suing and being sued; 23 67042

698 Water Resources Administration Act 1978, No. 79 (b) compounding or proving in any court of competent jurisdiction all debts or sums of money due to it; (c) taking, acquiring, holding, dealing with and disposing of real and personal property; and (d) doing and suffering all such acts and things as bodies corporate may by law do and suffer. (3) For all the purposes of this Act and of any other Act, the Commissioner represents the Crown and has and may exercise all the powers, privileges, rights and remedies of the Crown. 9. Continuance in office of certain persons. (1) The person holding under The Irrigation and Water Supply Commission Acts, 1946 to 1949 the office of- (a) Commissioner of Irrigation and Water Supply immediately prior to the commencement of this Act shall without further or other appointment be the Commissioner under this Act; (b) Assistant Commissioner of Irrigation and Water Supply (the holder of which office is required by the said Acts to be an engineer) immediately prior to the commencement of this Act shall without further or other appointment be the Deputy Commissioner under this Act; (c) Assistant Commissioner of Irrigation and Water Supply (the holder of which office is not required by the said Acts to be an engineer) immediately prior to the commencement of this Act shall without further or other appointment be an Assistant Commissioner under this Act with the designation of Assistant Commissioner (Administration). (2) Subject to this Act, the Commissioner, the Deputy Commissioner and the Assistant Commissioner (Administration) shall hold their respective offices under this Act in terms of their appointments to office (save for the changes of designation as aforesaid) for the remainder still to run on the commencement of this Act of the terms of their respective appointments under The Irrigation and Water Supply Commission Acts, 1946 to 1949, and be eligible for reappointment. 10. Appointment of Commissioner . (1) Subject to section 9, the Governor in Council may from time to time by commission in Her Majesty's name and under the public seal of the State appoint a person to hold the office of the Commissioner. (2) The appointment shall be for such term, not exceeding 7 years, as the Governor in Council determines, and the appointee shall, subject to this Act, hold office for the term for which he is appointed and be eligible for reappointment. (3) The Commissioner- (a) shall be an engineer, either holding a degree in engineering granted by a University or College of Advanced Education recognized by the Institution of Engineers, Australia or being a member or fellow of that Institution; and (b) shall have had experience in matters appertaining to water conservation, water supply, irrigation and administration.

Water Resources Administration Act 1978, No. 79 699 11. Appointment of Deputy Commissioner and Assistant Commissioners._ (1) Subject to section 9, the Governor in Council may from time to time appoint a person to hold the office of Deputy Commissioner and appoint such and so many persons each to hold office as an Assistant Commissioner (one of whom shall have the designation of Assistant Commissioner (Administration)) as he considers necessary. (2) Each appointment shall be for such term, not exceeding 7 years, as the Governor in Council determines, and an appointee shall, subject to this Act, hold office for the term for which he is appointed and be eligible for reappointment. (3) The Deputy Commissioner- (a) shall be an engineer, either holding a degree in engineering granted by a University or College of Advanced Education recognized by the Institution of Engineers, Australia or being a member or fellow of that Institution; and (b) shall have had experience in matters appertaining to water conservation, water supply, irrigation and administration. (4) The Deputy Commissioner and each Assistant Commissioner shall give such advice and assistance to the Commissioner as the Commissioner requires, and shall exercise and perform such functions and duties as the Commissioner from time to time directs. 12. Salaries of Commissioner , etc. The Commissioner, the Deputy Commissioner and each Assistant Commissioner, including those persons referred to in section 9 (1), shall, subject to this Act, respectively be paid such salaries and such allowances (if any) as the Governor in Council fixes from time to time: Provided that the salaries and allowances (if any) payable to the persons referred to in section 9 (1) on the commencement of this Act shall be not less than those paid to them immediately prior to such commencement. 13. Preservation of rights of officers of Public Service appointed Commissioner , etc. (1) Where immediately prior to appointment to the office of Commissioner, Deputy Commissioner or Assistant Commissioner, an appointee held office under The Public Service Act of 1922 as amended, the appointment or any renewal of the appointment or, in the case of- (a) the Deputy Commissioner, his subsequent appointment to the office of Commissioner; or (b) an Assistant Commissioner, his subsequent appointment to the office of Commissioner or Deputy Commissioner, shall not affect the rights accrued or accruing to him under such Act or under the Public Service Superannuation Act1958-1978 or the StateService Superannuation Act1972-1978. (2) For the purposes of determining such rights as aforesaid and the making of contributions to the State Service Superannuation Fund, the appointee shall be deemed to hold the office of Commissioner or Deputy Commissioner or Assistant Commissioner, as the case may be, under the Public Service Act1922-1978. (3) This section, applies to the persons continued in office by section 9.

700 Water Resources Administration Act 1978, No. 79 14. Acting Commissioner . (1) In the event of and during the absence from duty for any reason whatsoever of the Commissioner or in the event of a vacancy occurring in the office of the Commissioner and until a new Commissioner is appointed, the Deputy Commissioner shall act as Commissioner and while he so acts shall constitute the corporation sole referred to in section 8 and shall have and may exercise all the powers, functions and authorities and shall perform all the duties of the Commissioner. (2) If at the time of any absence from duty or vacancy in the office of the Commissioner there is no Deputy Commissioner in office or the Deputy Commissioner for any reason is unable to or does not act as Commissioner, the Governor in Council may appoint a person to act as Commissioner, and while that person so acts he shall constitute the corporation sole referred to in section 8 and shall have and may exercise all the powers, functions and authorities and shall perform all the duties of the Commissioner. 15. Vacation of office. (1) The Commissioner, the Deputy Commissioner or an Assistant Commissioner shall be deemed to have vacated his office- (a) if he directly or indirectly engages in any paid employment outside the duties of his office or of any office to which he is appointed by virtue of his position of Commissioner, Deputy Commissioner or Assistant Commissioner, as the case may be, or directly or indirectly engages in any trade or business except as a member of a body corporate consisting of more than 20 persons; (b) if he becomes bankrupt or compounds with his creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; (c) if, except by reason of illness or physical incapacity or on leave granted by the Minister (power to grant such leave being hereby authorized), he absents himself from duty for 14 consecutive days or for 28 days in all in any calendar year; (d) if he is convicted of an indictable offence for which he is liable to be punished by imprisonment for 12 months or more; (e) if he dies or becomes mentally ill; (f) if he is removed from office by the Governor in Council for misbehaviour or incapacity; (g) if he becomes in any way concerned or interested in any contract or agreement made by or on behalf of the corporation sole referred to in section 8 or in any way participates or claims to be entitled to participate in the profit thereof or in any benefit or emolument arising therefrom; or (h) if he resigns his office by writing under his hand addressed to the Minister and such resignation is accepted by the Governor in Council. (2) The Governor in Council may, for misbehaviour or incapacity appearing to him to be sufficient for so doing, remove the Commissioner, the Deputy Commissioner or an Assistant Commissioner from office.

Water Resources Administration Act 1978, No. 79 701 16. Delegation by Commissioner . (1) The Commissioner, with the consent of the Minister, may, either generally or otherwise as provided by the instrument of delegation, by instrument in writing under his hand delegate to the Deputy Commissioner, an Assistant Commissioner or any officer such of his powers, functions, authorities or duties under this Act or any other Act as may be specified in the instrument (other than this power of delegation). (2) A power, function, authority or duty the exercise or performance of which has been delegated under this section may, while the delegation remains unrevoked, be exercised or performed in accordance with the terms of the delegation by the delegate to whom the exercise or performance thereof has been delegated. (3) A delegation may be made subject to such conditions or such limitations as to the exercise or performance of any of the powers, functions, authorities or duties delegated or as to time, place or circumstances as may be specified in the instrument of delegation. (4) Where the exercise or performance of a power, function, authority or duty of the Commissioner is dependent upon the opinion, belief or state of mind of the Commissioner in relation to any matter, that power, function, authority or duty may be exercised or performed by the delegate upon the opinion, belief or state of mind of the delegate in relation to that matter. (5) Any act or thing done or suffered by a delegate while acting in the exercise of a delegation under this section has the same force and effect as if the act or thing done had been done or suffered by the Commissioner. (6) A delegation under this section is revocable by the Commissioner at his will and shall be revoked by him if the Minister so directs. (7) A delegation under this section does not prevent the exercise or performance of a power, function, authority or duty by the Commissioner. (8) The Commissioner, with the consent of the Minister, may make such and so many delegations under this section and to such number of delegates as he considers necessary or desirable. 17. Appointment of secretary , other officers and employees . (1) The Governor in Council may appoint a secretary to the Commissioner and such other officers as he considers necessary for the effectual administration of this Act. (2) Appointees as aforesaid shall hold their respective offices under, subject to and in accordance with the Public Service Act1922-1978. (3) The secretary to the Commissioner and any other officers holding office under the Public Service Act1922-1978 immediately prior to the commencement of this Act for the purposes of The Irrigation and Water Supply Commission Acts, 1946 to 1949 continue in office on such commencement under and subject to the Public Service Act1922-1978 for the purposes of this Act. (4) (a) The Commissioner may employ such employees and workmen as may be necessary for the carrying into execution of works or otherwise assisting in the carrying out and performance by the Commissioner of his powers, functions and duties under this Act or any other Act.

702 Water Resources Administration Act 1978, No. 79 (b) Such employees and workmen, subject to any applicable industrial award or agreement, shall be paid such remuneration as the Commissioner determines and shall be employed at the pleasure of the Commissioner. (5) The secretary, subject to the direction of the Commissioner, shall have power to execute documents on behalf of the Commissioner and to affix the seal of the Commissioner thereto, and he shall also exercise and perform such functions and duties as the Commissioner from time to time directs. PART 111-FUNCTIONS, ETC., OF COMMISSIONER OF WATER RESOURCES 18. Powers , functions and duties of Commissioner . Without limiting the provisions of this Act or any other Act with respect to the powers, functions and duties of the Commissioner, the Commissioner- (a) shall prepare a complete description of the natural water resources of the State, both surface and underground; (b) shall make and keep a record of all the natural water resources of the State, both surface and underground, the object of such record being to- (i) ascertain, define and record the permanent surface waters of the State; (ii) ascertain, define and record the surface waters of the State of a periodic or intermittent nature; (iii) ascertain and record available information relating to the artesian waters of the State ; (iv) ascertain and record available information relating to the subterranean waters of the State which are not classified as artesian ; (c) shall evaluate the present and future water requirements in the State; (d) shall plan the development of the water resources of the State; (e) may take such steps as he thinks fit to protect the water resources of the State from anything detrimental to their quality or that results in or is likely to result in a diminution in their quantity; (f) may investigate and survey any natural water resource, surface or underground, in the State in order to- (i) ascertain potential sites for works of water storage and the cost of development of such sites; (ii) give consideration to the possibility of utilizing water conserved in existing or proposed water storages to enable more intensive use to be made of the lands of the State; (iii) enable plans to be formulated, co-ordinated and implemented for the conservation, replenishment, utilization and distribution of the waters of the State to the best advantage in the public interest, and for the purpose of giving effect to this paragraph may engage in such boring, drilling or exploration as he considers necessary or desirable; (g) may co-ordinate the investigation, evaluation and development of plans for control of flood waters and mitigation of flood damage;

Water Resources Administration Act 1978, No. 79 703 (h) may construct works for the conservation, replenishment, utilization or distribution of the waters of the State where approval has been given for him to do so under any Act of the State; (i) may manage water conservation, water supply and irrigation undertakings established under any Act of the State. 19. Commissioner to advise Minister and make investigations. The Commissioner shall- (a) advise the Minister on matters connected with this Act and any other Act under which he has any powers, functions or duties to exercise or perform; (b) make or cause to be made any inquiry or investigation with respect to any matter connected with this Act or any Act under which he has any powers, functions or duties to exercise or perform that the Minister directs him to make. 20. Entry upon land by Commissioner . (1) In the exercise or performance of his powers, functions and duties under this Act, the Commissioner or any officer, employee or agent of the Commissioner may- (a) enter upon any land for the purpose of making or carrying out inspections, tests, investigations, surveys, experiments, boring, drilling or exploration or for the purpose of constructing, maintaining, operating or altering any works he is authorized or empowered by law to construct or operate or for any other purpose connected with or incidental to the exercise or performance of any of his powers, functions and duties as aforesaid ; (b) do all things necessary for the purposes aforesaid. (2) The power to enter upon any land includes power to- (a) re-enter from time to time; (b) remain upon that land for such time as is necessary to achieve the purpose of the entry; (c) take such assistants, vehicles, materials, equipment or things as are necessary to achieve the purpose of the entry. (3) The Commissioner, in the exercise of a power under this section, shall do no more damage than is necessary in the circumstances and shall make good all damage caused by such entry or by the doing of any thing or the carrying out of any purpose as aforesaid; but if in any case he is unable to make good all damage so caused, he shall compensate the person incurring loss as a result thereof.

704 Water Resources Administration Act 1978, No. 79 21. Annual report . (1) As soon as is practicable after 30 June each year, the Commissioner shall prepare and furnish to the Minister an annual report of his department in respect of the year ending on the 30 June in question. (2) The report shall be laid before Parliament. PART IV-ADVISORY COUNCIL AND ADVISORY COMMITTEES 22. Establishment of Advisory Council and Advisory Committees. (1) The Governor in Council may, by Order in Council, establish- (a) an Advisory Council to advise the Minister in the administration of this Act and any other Act with the administration of which he is charged and in respect of which the Commissioner has powers, functions and duties to exercise and perform; (b) Advisory Committees to advise the Commissioner, subject to subsection (2), in the exercise and performance of his powers, functions and duties under this Act or any other Act. (2) Where an Advisory Committee is established, it shall be established for the purpose of advising the Commissioner in respect of a particular district or river basin. (3) The Advisory Council and each Advisory Committee shall consist of such number of persons (and, in the discretion of the Governor in Council, representative of such interests) as the Governor in Council thinks fit and such number may be varied from time to time by the Governor in Council. (4) An Order in Council establishing the Advisory Council or an Advisory Committee shall particularize- (a) the membership of the Council or Committee, including the chairman, and the mode of appointment or nomination and appointment of members; (b) the term of appointment of members, in any case where the Governor in Council considers members should be appointed for a term; (c) the functions of the Council or Committee to be exercised or undertaken for the purpose of advising the Minister or the Commissioner; (d) such other matters in relation to the establishment and function of the Council or Committee as the Governor in Council thinks fit. (5) The Commissioner shall make available to the Advisory Council or an Advisory Committee such technical, clerical and secretarial assistance as he considers is necessary for the proper conduct of its affairs. (6) Section 28A of the Acts Interpretation Act1954-1977 applies in respect of Orders in Council made under this section as if they were regulations.

Water Resources Administration Act 1978,. No. 79 705 PART V-GENERAL 23. Judicial notice of seal , etc. All courts, judges, justices and persons acting judicially shall take judicial notice of the appointments of the Commissioner, the Deputy Commissioner, every Assistant Commissioner and the secretary to the Commissioner and of their respective signatures, and of the seal of the Commissioner constituting the corporation sole pursuant to section 8 affixed to any document or other writing, and shall presume, until the contrary is proved, that any such signature or such seal, as the case may be, was duly affixed to any document or other writing on which it appears. 24. Reference to Commissioner of Irrigation and Water Supply in other Acts, etc. Any reference in any Act, Proclamation, Order in Council, regulation, rule, by-law, ordinance, licence, approval, authority, permit, direction, determination, order, prohibition or other act of executive or administrative authority, or in any agreement, contract, deed or other document, instrument or writing whatsoever before the commencement of this Act to the Commissioner of Irrigation and Water Supply or to the Corporation of The Commissioner of Irrigation and Water Supply shall, on such commencement, be deemed to be a reference to and be read and construed as referring to the Commissioner constituting the Corporation sole under the name " The Commissioner of Water Resources " pursuant to section 8, and shall operate and have effect accordingly. 25. Regulations . The Governor in Council may make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act. Year and Number of Act SCHEDULES FIRST SCHEDULE Short Title [Section 4 (1)] Extent of Repeal 7 Geo. VI. No. 38 11 Geo. VI. No. 11 13 Geo. VI. No. 48 The Land and Water Resources The whole Development Act of 1943 The Irrigation and Water Supply The whole Commission Act of 1946 The Irrigation and Water Supply Part II Commission Act and Other Acts Amendment Act of 1949

706 Water Resources Administration Act 1978, No. 79 SECOND SCHEDULE AMENDMENTS OF THE IRRIGATION ACT 1922-1977 [Section 4 (2)] Provision Amendment Section 2 Section 4 Section 5 Section 22 Section 2 is amended by omitting the meaning assigned to the term " Commissioner " and substituting the following meaning:- "-The Commissioner of Water Resources under and within the meaning of the Water Resources Administration Act 1978;". Section 4 is repealed. Section 5 is repealed. Section 22 is repealed.