Water (Soil Conservation) Amendment Act 1978 (NSW)
WATER (SOIL CONSERVATION) AMENDMENT
ACT, 1978, No. 129
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Act No. 129, 1978.
An Act to amend the Water Act, 1912, to make further provision in relation to the preservation of trees within, or within 20 metres of, rivers or lakes and in relation to the prevention of soil erosion. [Assented to, 21st December, 1978.1
Act No. 129, 1978.
Water (Soil Conservation) 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 :—
1. This Act may be cited as the “Water (Soil Conservation) short title.
Amendment Act, 1978”.
2. The Water Act, 1912, is amended in the manner set forth Amendnient
| in Schedule 1. | 44 1̂9̂ 2.°' |
| SCHEDULE 1. | Sec. 2. |
| ' ' | A m e Î dments to the Water A c t , | 1912. |
(1) (a) Section 26d (2 )—
Omit the subsection, insert instead :—
| (2) | A person shall not, except with the permis |
sion of the Catchment Areas Protection Board—
| (a) | ringbark, cut down, fell, poison or other wise destroy, or cause to be ringbarked, cut down, felled, poisoned or otherwise destroyed; or |
| (b) | top, lop, remove or injure, or cause to be topped, lopped, removed or injured, |
any tree situated within, or within 20 metres of, the bed or bank of any river or lake or section of a
| river to which this section applies. , | , , |
Penalty : $500.,
Act No. 129, 1978.
Water {Soil Conservation) Amendment.
SCHEDULE 1—continued.
A m endments to the Water A c t , 1912—continued.
(b) Section 26d (3a) —
After “occupier of”, insert “, or to any holder or grantee of timber rights over,”.
(c) Section 26d (3d) —
After “relates”, insert “or to the holder or grantee of timber rights over the land to which the permit relates”.
(d) Section 26d (3 e )—
Omit the subsection, insert instead :—
(3e ) Any owner or occupier of land or holder or grantee of timber rights over land who succeeds a person to whom a permit has been issued under this section shall, while he remains the owner, occupier, holder or grantee, be deemed to have been issued with that permit.
(e) Section 26d (4) —
Omit the subsection.
(f) Section 26d (5 )—
Omit the subsection, insert instead :—
(5) An information in respect of an offence under this section committed after the date of assent to the Water (Soil Conservation) Amendment Act, 1978, may be laid at any time within 2 years after the commission of the offence.
(g) Section 26d (6) —
After “section”, insert “and section 26da” .
Act No. 129, 1978.
Water (Soil Conservation) Amendment.
SCHEDULE 1—continued.
| A m endm ents to the Water A c t , | 1912—continued. |
(h) Section 26d (6), definition of “Owner”—
Before “includes”, insert “, in relation to land,”.
(i) Section 26d (6), definition of “Owner”—
From paragraph (c), omit “or mortgagee in posses sion”, insert instead “, mortgagee in possession or otherwise”.
(2) Section 26da—
After section 26d, insert :—
26da. ( 1) Where the Catchment Areas Protection Prevention
Board is satisfied that any thing prohibited by section 26d avoid, or repair the damage caused by, the erosion.
(2) done or proposed to be done by any person on any repair of
land is causing or is likely to cause soil erosion on the land
or any adjacent land (whether, in respect of the thing done,
any person has been convicted of an offence under section
26d (2) or not), it may, by notice in writing served per
sonally or by post on that person, require that person within
the time specified in the notice to abstain from doing or to
do or permit to be done such things as the Catchment
(2) The time referred to in subsection (1) shall
commence—-
| (a) | where no objection has been lodged under sub section (5) in respect of the notice or any copy thereof—upon the expiration of the period of 30 days after—■ |
(i) the date of service of the notice; or
(ii) the date of service of a copy of the notice,
whichever is the later or latest; or
Act No. 129, 1978.
Water {Soil Conservation) Amendment.
SCHEDULE {— continued.
| A mendments to the Water A c t , | \9 \2 — continued. |
| (b) | where an objection is lodged under subsection (5) in respect of the notice or any copy thereof —upon the date of service of the notice of the Minister’s direction under subsection (11) in respect of the notice. |
(3) A copy of a notice under subsection (1) shall be served personally or by post on any person who appears to the Catchment Areas Protection Board to be the owner, occupier or mortgagee of the land in respect of which the notice was given (not being the person on whom the original notice is or is to be served) and, where the notice requires the doing of things on any adjacent land, on any person who appears to the Catchment Areas Protection Board to be the owner, occupier or mortgagee of that adjacent land.
(4) A notice under subsection (1) may be
revoked, varied or amended by a like notice.
| (5) | Any person upon whom a notice has been |
served under subsection (1) or upon whom a copy of a notice has been served under subsection (3) may, within 30 days after service of the notice or copy, as the case may be, lodge with the Catchment Areas Protection Board an objection in writing to the requirements of the notice.
| (6) | An objection under subsection (5) shall |
specify the grounds of objection.
| (7) | The Catchment Areas Protection Board |
shall refer any objection lodged under subsection (5) to
the local land board for inquiry.
Act No. 129, 1978.
Water {Soil Conservation) Amendment.
SCHEDULE I— continued.
A m endments to the Water A c t , 1912—continued.
(8) Upon receipt of an objection referred to in
subsection (7), the local land board shall—
| (a) | notify the objector and the Catchment Areas Protection Board of the holding of the inquiry; | |
| (b) | hold an inquiry into the matters raised by the | |
|
(c) recommend in writing to the Minister that—
(i) the notice be complied with;
(ii) the notice be revoked; or
(iii) the notice, varied or amended as recom mended by the local land board, be complied with; and
| (d) | announce the terms of its recommendation in open court. |
(9) There shall be no right of appeal against a
recommendation made under subsection (8) (c)
| (10) | The objector and the Catchment Areas |
Protection Board shall be entitled to attend, or be rep resented at, an inquiry referred to in subsection (8) and be heard.
| (11) | After | considering | a | recommendation |
referred to in subsection (8). the Minister may, whether in accordance with that recommendation or not, direct that—
(a) the notice be complied with;
| (b) | the notice be revoked; or |
Act No. 129, 1978.
Water {Soil Conservation) Amendment.
SCHEDULE 1—continued.
A mendments to the Water A c t , 1912—continued.
| (c) | the notice as varied or amended by the Minister be complied with, |
and shall—
| (d) | in the case of a direction under paragraph (a) or (c), serve, either personally or by post, notice of the direction upon the person served with the notice under subsection (1); and |
| (e) | where the person referred to in paragraph (d) is not the objector, advise the objector of the decision. |
(12) Subject to subsection (2) —
| (a) | if any person wilfully fails to comply with the requirements of a notice under subsection (1) within the time specihed in the notice he is guilty of an offence against this Act and liable to a penalty not exceeding $1,000; and | |
| (b) | if any person does not comply with the require ments of a notice under subsection (1) within the time specified in the notice (whether that person has been convicted of an offence under paragraph (a) in respect of the notice or not) the Minister may, where the notice required the doing of a thing on any land, authorise the Commissioner of the Soil Conservation Service appointed under the Soil Conservation Act, 1938, to enter upon the land and do the thing. | |
|
of the Soil Conservation Service under subsection (12) (b) may be recovered from the person served with the notice in a court of competent jurisdiction as a debt due to the Crown.
Act No. 129, 1978.
Water {Soil Conservation) Amendment.
SCHEDULE 1—continued.
A mendments to the Water A c t , 1912—continued.
(14) Where the person referred to in subsection
(13) is the owner of the land on which the thing is done,
the costs incurred shall, until paid, be a charge on the land.
(15) Where a person has been prosecuted under subsection (12) (a), it is a defence to that prosecution if the court is satisfied that that person had no legal right to enter the land in respect of which the notice was given and comply with the requirements of the notice.
| (16) | For the purposes of this section, the |
definition of “Local land board” in section 5 (1) shall be
construed as if—
| (a) | the words “a work” and “the work” were omitted therefrom and in each case the words “the land in respect of which the reference to a local land board is made” were inserted instead; and |
| (b) | the word “Commission” was omitted therefrom and the words “Catchment Areas Protection Board constituted under the Soil Conservation Act, 1938,” were inserted instead. |
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