Water Resources (Glamorgan Vale Water Board Agreement) Regulation 1995 (Qld)

Queensland Subordinate Legislation 1995 No. 72 Water Resources Act 1989 WATER RESOURCES (GLAMORGAN VALE WATER BOARD AGREEMENT) REGULATION 1995 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Agreement approved—Act, s 9.75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 3 AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . 3

s1 2 s3 Water Resources (Glamorgan Vale Water Board Agreement) No. 72, 1995 ˙ Short title 1. This regulation may be cited as the Water Resources (Glamorgan Vale Water Board Agreement) Regulation 1995 . ˙ Agreement approved—Act, s 9.75 2. The agreement between the Glamorgan Vale Water Board and the Council of the Shire of Esk, a copy of which is in the Schedule, is approved. ˙ Expiry 3. This regulation expires on the day it commences.

3 Water Resources (Glamorgan Vale Water Board Agreement) No. 72, 1995 ¡ SCHEDULE A ¡ GREEMENT section 2 of the regulation THIS AGREEMENT is made this 10th day of January, 1995. BETWEEN: the GLAMORGAN VALE WATER BOARD constituted under the WaterResourcesAct1989 (hereinafter called “the Board ”) AND: COUNCIL OF THE SHIRE OF ESK of 2 Redbank Street Esk in the State of Queensland (hereinafter called “the Council ”); WHEREAS A. The Board is the administrator of the Glamorgan Vale Water Supply Area constituted by order in council made on 21 September 1967 under the Water Resources Act 1989 . B. The Council is a local government constituted under the LocalGovernment Act 1993 for the Shire of Esk. C. The Glamorgan Vale Water Supply Area (“ the water supply

4 Water Resources (Glamorgan Vale Water Board Agreement) SCHEDULE (continued) No. 72, 1995 area ”) was constituted for the purpose of providing individual landholders within the Area with an adequate supply of suitable water for stock watering, dairy and domestic purposes by means of a reticulated water supply scheme. D. Agreement has been reached between the Board and the Council that the management functions of the northern section of the water supply area (hereinafter called “the Northern Section”) would be better served if controlled locally by the Council. the Northern Section is shown on the attached plan. E. The Board and the Council wish to record their agreement with regard to the assumption by the Council of the management functions of the Northern Section. Transfer of these functions shall be in accordance with Section 9.75 of the WaterResourcesAct1989 . THE PARTIES AGREE AS FOLLOWS: 1. The Board shall as from the First day of April, 1995 transfer and assign to the Council the following:- (a) the whole of the assets of the Board pertaining to the Northern Section, including the land described in Clause 3(d)(i) and all existing works which form part of the Northern Section, with the exception of the pumps and fittings contained in the pump

5 Water Resources (Glamorgan Vale Water Board Agreement) SCHEDULE (continued) No. 72, 1995 station located on Lot 264 on Plan CC 3541 and at the nearby well site as at 1 April 1995. (b) the benefit of any agreements, easements, contracts, licences or any rights of any description that the Board may have arising out of or incidental to the exercise by the Board of its functions in the management of the Northern Section. (c) control and administration of the water supply reticulation network previously managed by the Board in the area referred to as the Northern Section. 2. The Council for its part indemnifies and holds harmless the Board, the members, and each of its officers from and against all actions suits claims demands and costs of whatsoever nature or kind which the Council or any of its officers may incur as from 1 April 1995 in respect of or arising out of or incidental to the carrying out of the functions previously carried out by the Board or in respect of any assets either real or personal or any works that may have been transferred or assigned by the Board to the Council under this agreement. 3. The Board for its part warrants to the Council as at the date of this agreement as follows:- (a) The Board will transfer to the Council the assets described in Clause 1(a) of this agreement free of any loan commitment. (b) The Board will retain ownership of the pumps and fittings at

6 Water Resources (Glamorgan Vale Water Board Agreement) SCHEDULE (continued) No. 72, 1995 the pump station located on Lot 264 on Plan CC 3541 and at the nearby well site. (c) All expenditure incurred up to 31 March 1995, including electricity costs and maintenance costs will be paid by the Board. (d) LAND (i) The land as described below is currently owned by the Board: (A) Lot 2 on RP 190503, Parish of North, County of Churchill, Area 336 square metres; and (B) Lot 264 on Plan CC 3541, Parish of North, County of Churchill, Area 15 square metres on which exist concrete storage tanks and a pump station respectively. (ii) The Board has the benefit of two easements notified in the Gazette on 22 December 1984 at page 2248 and described as follows: (A) Easement A on Lot 1 on RP 190503, Parish of North, County of Churchill, Area 503 square metres; and (B) Easement B on Lot 1 on RP 190503, Parish of North, County of Churchill, Area 1078 square metres (e) There are no liabilities of the Board of any description whether contingent or otherwise which relate to the Northern

7 Water Resources (Glamorgan Vale Water Board Agreement) SCHEDULE (continued) No. 72, 1995 Section other than those which have been disclosed by the Board to the Council; (f) There are no current actions, suits, claims, or demands of any nature or kind against the Board currently issued or served on the Board or contemplated to the knowledge of the Board pertaining to the Northern Section; (g) There are no outstanding judgements or orders of any kind against the Board or any of its officers pertaining to the functions of the Northern Section or the exercise or non- exercise of those functions arising out of or incidental thereto; (h) There are no choses in action, licences, or agreements pertaining to the Northern Section either for the benefit or detriment of the Board other than those disclosed by the Board to the Council (if any); (i) Rates owed to the Board for water supplied to landholders in the Northern Section before the date of the amendment of the supply area boundaries will remain as debts due and payable to the Board. (j) All assets of the Board pertaining to the Northern Section are presently and will on 1 April 1995 be free of all mortgages, charges, liens, encumbrances, estates, claims, rights, titles, demands, and other interests whatsoever; 4. Both the Board and the Council shall do all things as may be required of them and sign all necessary documents in order to

8 Water Resources (Glamorgan Vale Water Board Agreement) SCHEDULE (continued) No. 72, 1995 ensure the due fulfilment of the terms of this agreement including obtaining the necessary approval of the Governor in Council to this agreement. 5. Any documents pertaining to the transfer to the Council of any assets of the Board in the Northern Section shall be prepared by the Board and submitted to the Council for execution after approval of this agreement by the Governor in Council. 6. All costs, including stamp duty and costs associated with the transfer of land and the benefit of easements shall be borne by the Council. 7. This agreement does not come into effect until it is approved by the Governor in Council as part of the Regulation which amends the boundary of the Glamorgan Vale Water Supply Area to excise the Northern Section. IN WITNESS the parties to this agreement have executed the agreement on the dates set out below.

9 Water Resources (Glamorgan Vale Water Board Agreement) SCHEDULE (continued) No. 72, 1995 The Official Seal of the GLAMORGAN ) ) VALE WATER BOARD was hereto affixed by ) ) WILLIAM JAMES ROWLAND BLOXSOM, ) R Bloxsom )William James Rowland Bloxsom Chairperson, on the 20th day of ) ) December, 1994 in the presence of: ) S D Rettke JP WITNESS Given under the Common Seal of the COUNCIL OF THE SHIRE OF ESK on the 10th day of January , 1995 by JEAN BRAY, Mayor, and ) ) ) ) ) ) ) Jean Bray GORDON PAUL SORENSEN, Chief Executive Officer in the presence of: ) Jean Bray ) ) G P Sorensen ) Gordon Paul Sorensen WITNESS J D Carter C.Dec JOHN DOUGLAS CARTER COMMISSIONER OF DECLARATIONS REG No. 5069

10 Water Resources (Glamorgan Vale Water Board Agreement) SCHEDULE (continued) No. 72, 1995

11 Water Resources (Glamorgan Vale Water Board Agreement) No. 72, 1995 ENDNOTES 1. Made by the Governor in Council on 30 March 1995. 2. Notified in the Gazette on 31 March 1995. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries. © State of Queensland 1995