Water Resources Administration Act Amendment Act 1981 (Qld)

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Water Resources Administration Act Amendment Act 1981
40 9 ANNO TRICESIMO - ELIZABETHAE SECUNDAE REGINAE No. 11 of 1981 An Act to amend the Water Resources Administration Act1978 in certain particulars [ASSENTED TO 14TH APRIL, 19811
Water Resources Administration Act Amendment Act 1981, No. 11 41 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:- 1. Short title and citation . (1) This Act may be cited as the Water Resources Administration Act Amendment Act 1981. (2) In this Act the Water Resources Administration Act1978 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Water Resources Administration Act1978-1981. 2. Amendment of s. 6. Interpretation . Section 6 of the Principal Act is amended by inserting after the definition of " the Deputy Commissioner " the following definition:- ` " Local Authority " means Brisbane City Council constituted under the City of Brisbane Act1924-1980 and a Local Authority constituted under the Local Government Act 1936-1980 and includes a Joint Local Authority constituted under the latter Act;'. 3. New ss. 20A and 20B. The Principal Act is amended by inserting after section 20 the following sections:- " 20A. Commissioner may, on behalf of Local Authority , undertake certain works . (1) The Commissioner may, on behalf of a Local Authority, carry out surveys and preliminary investigations in respect of any proposed water supply, sewerage, drainage, agricultural drainage or swimming pool project or design or supervise the construction of any work in connexion therewith upon such terms, provisions, conditions and stipulations as may be agreed upon between the Commissioner and the Local Authority. Such agreement shall be deemed to be a contract between the Commissioner and the Local Authority. (2) The provisions of section 19 (4) of the Local Government Act 1936-1980 shall not apply to any contract made underthis section. 20B. Power of Commissioner with respect to pipes etc ., to be used for certain purposes . (1) The Commissioner may, at the request or on behalf of a manufacturer, supplier or purchasing authority inspect, test, approve, stamp or mark pipes, fittings, fixtures, materials, equipment or processes to be used in connexion with sewerage, septic tank installations, water supply, swimming pools, drainage works or other purposes approved by the Commissioner. (2) The person who submits to the Commissioner pipes, fittings, fixtures, materials, equipment or processes pursuant to subsection (1) shall pay to the Commissioner such fees as the Commissioner prescribes. (3) It is declared that the Commissioner has always had the powers conferred upon him by this section.".
42 Water Resources Administration Act Amendment Act 1981, No. 11 4. New s. 24A. The Principal Act is amended by inserting after section 24 the following section:- " 24A. Recovery of costs, charges and expenses incurred by Commissioner. (1) Any costs, charges or expenses incurred by the Commissioner in connexion with any survey or preliminary investigation in respect of a matter referred to in section 20A (1) or in respect of the design or supervision of any work in connexion with any such matter shall be borne by the Local Authority concerned and the Treasurer shall have and may exercise in respect of the same the rights and remedies conferred upon him by the Local Government Act 1936-1980 with respect to a Local Authority failing to duly repay a loan: Provided that the Local Authority shall not be required to bear any costs, charges or expenses incurred by the Commissioner- (i) in or in relation to any supervision by the Commissioner of any such matter or any part thereof which is being carried out by the Local Authority under its own supervision; or (ii) for or in relation to any preliminary inquiries, inspections or investigations made by the Commissioner for the purpose of determining whether any such matter should be undertaken by the Local Authority. (2) The Treasurer may direct that any costs, charges or expenses payable by a Local Authority under subsection (1), or such part thereof as he shall think fit, shall be defrayed out of any moneys borrowed by the Local Authority concerned and may fix the terms and conditions of such repayment. (3) The Local Authority concerned shall give effect to any such direction of the Treasurer.".
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