Wivenhoe Dam and Hydro-electric Works Act 1979 (Qld)

265 Qtteerts[aut t ANNO VICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 32 of 1979 An Act to provide for the construction of a dam on the Brisbane River at Wivenhoe and of works associated therewith and to provide for the construction of a dam on Split -Yard Creek and of hydro -electricity generating works associated therewith and to provide for related matters [ASSENTED TO 2OTH JUNE, 1979] 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 . This Act may be cited as the Wivenhoe Dam and Hydro-electric Works Act 1979. 2. Commencement of Act. This Act shall commence on a date to be appointed by Proclamation. 3. Arrangement of Act. This Act is divided into Parts and a schedule as follows:- PART I-PRELIMINARY (SS. 1-5); PART II-WIVENHOE DAM PROJECT (ss. 6-12); PART III-HYDRO-ELECTRIC PROJECT (SS. 13-19); PART IV-FINANCIAL PROVISIONS FOR COSTS OF PROJECTS (ss. 20-30) ; PART V-MISCELLANEOUS PROVISIONS (ss. 31-37). SCHEDULE.

266 Wivenhoe Dam and Hydro-electric Works Act 1979, No. 32 4. Meaning of terms. (1) In this Act, save where a contrary intention appears- " Brisbane and Area Water Board " means the body corporate constituted by that name pursuant to section 9 of the Brisbane and Area Water Board Act 1979; " Co-ordinator-General " means the corporation sole preserved, continued in existence and constituted under the State Development and Public Works Organization Act 1971-1978 under the name and style The Co-ordinator-General; " full supply level " means the maximum water storage level assigned to a reservoir for the permanent storage of water for the purpose of water supply; "headworks " means any dam, reservoir, well, bore, tank, aqueduct, tunnel, powerhouse, pumping station, building, structure, engine, pump or equipment (whether electrical or mechanical) used or provided for or in connexion with the storage or diversion of water or the generation or conveyance of electricity; " hydro-electric project " means the complex consisting of the dam to be constructed on Split-Yard Creek and referred to in this Act, the inlet canal from the Wivenhoe dam project and the works to be constructed or provided in association with the dam first-mentioned for the purpose of the generation and conveyance of electricity; " main " means any pipe, aqueduct, syphon, line or facility used or provided in association therewith ( including a water meter, electricity meter or other apparatus or equipment of every description) that is used or provided for or in connexion with the conveyance of water or electricity to, from or within any headworks or treatment works or the- delivery from headworks or treatment works of water or electricity; "Minister" means the Premier or other Minister of the Crown for the time being charged with the administration of this Act and includes any person for the time being performing the duties of the Minister; " The Queensland Electricity Generating Board " means the body corporate constituted by that name pursuant to section 79 of the Electricity Act1976; " Wivenhoe dam project " means the complex consisting of the dam to be constructed on the Brisbane River at Wivenhoe and referred to in this Act, and the works to be constructed or provided in association with that dam; " works " includes headworks, treatment works and mains, and every storage, road, way, bridge or other structure, telephone line, or facility of every description necessary or desirable, in the opinion of the Co-ordinator-General, for the proper use of the Wivenhoe dam project or the hydro-electric project or in his opinion rendered necessary or desirable by reason of the construction of either or both of those projects or of any part of those projects.

Wivenhoe Dam and Hydro-electric Works Act 1979, No. 32 267 (2) In this Act- (a) the expression " the Water Board " means Brisbane and Area Water Board; and (b) the expression " the Generating Board " means The Queensland Electricity Generating Board. 5. Construction of Act. No provision of this Act shall be construed to prejudice the powers and authorities had by the Co-ordinator-General otherwise than under this Act, which may be exercised by him with a view to the construction of the Wivenhoe dam or the hydro-electric project and works associated therewith. PART II-WIVENHOE DAM PROJEL''T 6. Construction of project . (1) The Co-ordinator-General is the constructing authority responsible for- (a) the taking or acquisition of land required for the Wivenhoe dam project; (b) the construction or provision of the Wivenhoe dam project, until that project is complete and is certified as complete in accordance with this Part. (2) The Co-ordinator-General may make such contracts and enter into such arrangements as he thinks fit with departments of government, statutory bodies or persons for the purpose of discharging the responsibility referred to in subsection (1). 7. Certification of project ' s completion . When the Co-ordinator- General is satisfied that the Wivenhoe dam project is complete he shall certify accordingly and thereupon his responsibility referred to in section 6 (1) with respect to that project shall cease. Notification of such certification shall be published in the Gazette. 8. Transfer of control of completed works. (1) From time to time during the construction of the Wivenhoe dam project, upon the Co- ordinator-General being satisfied- (a) that works, being part of the project, have been completed to an extent such as to permit of those works being effectively used for the purpose for which they were constructed or provided; and (b) where the works are such that their control, maintenance and operation should become the responsibility .of Brisbane and Area Water Board, that the liability of that 'Board with respect to the cost of their construction or provision has been met or that its discharge by that Board has been adequately provided for, the Co-ordinator-General shall hand over such works and relinquish control in the same to the Water Board. (2) Notification of each handing over of works pursuant. to subsection (1) shall be published in the Gazette. 9. Effect of handing over works. (1) Upon the publication in the Gazette of notification of the handing over of works referred to in section 8 Brisbane and Area Water Board shall assume and shall be taken to have assumed responsibility for the control, maintenance and operation of such works.

268 Wivenhoe Dam and Hj,dro- electric Works Act 1979, No. 32 (2) The Water Board shall be taken to be the occupier of works, being part of the Wivenhoe dam project, for the control , maintenance and operation of which it has assumed responsibility pursuant to this Act, to the exclusion of any other person except a person who is in occupation thereof pursuant to a lease or other agreement. 10. Vesting of property in Water Board . (1) As soon as is practicable after notification of completion of the Wivenhoe dam project is published in the Gazette pursuant to section 7, the Co- ordinator-General shall furnish to the Minister a list of all property, being part of or relevant to the project, that is to vest in Brisbane and Area Water Board. Such list shall particularize the property in question sufficiently to enable its identification. (2) Upon the Governor in Council being satisfied that the liability of the Water Board with respect to the cost of construction or provision of the works of the Wivenhoe dam project has been met or that its discharge has been adequately provided for he may, by Order in Council, declare a date on and from which the property particularized in the order shall divest from the Co-ordinator-General and vest in that Board. A date so declared may be before or after the date of the making or publication in the Gazette of the Order in Council. (3) Upon the date declared by Order in Council pursuant to subsection (2) the estate, right, title and interest of the Co-ordinator- General in and to,the property particularized in the order shall divest from him and vest in the Water Board. Publication of the order in the Gazette shall be taken to be sufficient notice in law of the assignment of the property so particularized. 11. Authority of Registrar of Titles etc. Where property that vests in Brisbane and Area Water Board pursuant to section 10 consists of an estate, right, title or interest that is recorded Pn the registers kept by the Registrar of Titles or the Registrar of Dealings or in any other registers the registrar or other person charged with keeping such registers is hereby authorized, upon being satisfied as to the property to which the Order in Council relates, to cause all necessary entries to be made in the appropriate registers to record the divesting and vesting provided for by that section. No fee shall be payable in respect of the making of such entries. 12. Privity of contract . Where property vested in Brisbane and Area Water Board pursuant to section 10 consists of a chose in action that arises by reason of a contract or arrangement made or entered into between the Co-ordinator-General and any other party, then for the purpose of enforcing such chose in action by that Board it shall be deemed that the contract or arrangement was made or entered into between that Board and such other party.

Wivenhoe Dam and Hydro-electric Works Act 1979, No. 32 269 PART III-HYDRO-ELECTRIC PROJECT 13. Construction of project . (1) The Co-ordinator-General is the constructing authority responsible for- (a) the taking or acquisition of land required for the hydro- electric project; (b) the construction or provision of the hydro-electric project, until that project is complete and is certified as complete in accordance with this Part. (2) The Co-ordinator-General may make such contracts and enter into such arrangements as he thinks fit with departments of government, statutory bodies or persons for the purpose of discharging the responsibility referred to in subsection (1). 14. Certification of project ' s completion . When the Co-ordinator- General is satisfied that the hydro-electric project is complete he shall certify accordingly and thereupon his responsibility referred to in section 13 (1) with respect to that project shall cease. Notification of such certification shall be published in the Gazette. 15. Transfer and control of completed works. (1) From time to time during the construction of the hydro-electric project, upon the Co- ordinator-General being satisfied that works, being part of that project, have been completed to an extent such as to permit of those works being effectively used for the purpose for which they were constructed or provided, the Co-ordinator-General shall hand over such works and relinquish control in the same to The Queensland Electricity Generating Board. (2) Notification of each handing over of works pursuant to subsection (1) shall be published in the Gazette. 16. Effect of handing over works . (1) Upon the publication in the Gazette of notification of the handing over of works referred to in section 15. The Queensland Electricity Generating Board shall assume and shall be taken to have assumed responsibility for the control, maintenance and operation of such works. (2) The Generating Board shall be taken to be the occupier of works, being part of the hydro-electric project, for the control, maintenance and operation of which it has assumed responsibility pursuant to this Act, to the exclusion of any other person except a person who is in occupation thereof pursuant to a lease or other agreement. 17. Vesting of property in Generating Board. (1) As soon as is practicable after notification of completion of the hydro-electric project is published in the Gazette pursuant to section 14, the Co-ordinator- General shall furnish to the Minister a list of all property, being part of or relevant to the project, that is to vest in The Queensland Electricity Generating Board. Such list shall particularize the property in question sufficiently to enable its identification.

270 Wivenhoe Dam and Hydro-electric Works Act 1979, No. 32 (2) Upon the Governor in Council being satisfied that the liability of the Generating Board with respect to the cost of construction or provision of the works of the hydro-electric project has been met or that its discharge has been adequately provided for he may, by Order in Council, declare a date on and from which the property particularized in the order shall divest from the Co-ordinator-General and vest in that Board. A date so declared may be before or after the date of the making or the publication in the Gazette of the Order in Council. (3) Upon the date declared by Order in Council pursuant to subsection (2) the estate, right, title and interest of the Co-ordinator- General in and to the property particularized in the order shall divest from him and vest in the Generating Board. Publication of the order in the Gazette shall be taken to be sufficient notice in law of the assignment of the property so particularized. 18. Authority of Registrar of Titles etc. Where property that vests in The Queensland Electricity Generating Board pursuant to section 17 consists of an estate, right, title or interest that is recorded in the registers kept by the Registrar of Titles or the Registrar of Dealings or in any other registers the registrar or other person charged with keeping such registers is hereby authorized, upon being satisfied as to the property to which the Order in Council relates, to cause all necessary entries to be made in the appropriate registers to record the divesting and vesting provided for by that section. No fee shall be payable in respect of the making of such entries. 19. Privity of contract. Where property vested in The Queensland Electricity Generating Board pursuant to section 17 consists of a chose in action that arises by reason of a contract or arrangement made or entered into between the Co-ordinator-General and any other party, then for the purpose of enforcing such chose in action by the Generating Board it shall be deemed that the contract or arrangement was made or entered into between that Board and such other party. PART IV-FINANCIAL PROVISIONS FOR COSTS OF PROJECTS 20. Liability of Water Board. (1) Subject to this Part, Brisbane and Area Water Board is liable for payment of all costs incurred by the Co-ordinator-General whether before or after the date of commencement of this Act in or in connexion with the construction or provision of such works, being part of the Wivenhoe dam project, as are for the purpose of the storage or supply of water or of flood mitigation. (2) Costs for which the Water Board is liable under subsection (1) include costs incurred by the Co-ordinator-General or on his behalf on account of the re-location of facilities of whatever description rendered necessary or desirable, in the Co-ordinator-General's opinion, by the construction or provision of works of a description referred to in subsection (1).

Wivenhoe Dam and Hydro -electric Works Act 1979, No. 32 271 21. Payment of subsidy . The Governor in Council may, on the recommendation of the Treasurer of Queensland, approve the payment, from the Consolidated Revenue Fund or from such other fund as the Treasurer approves, of such amounts as the Governor in Council thinks fit by way of assistance towards the discharge by Brisbane and Area Water Board of its liability under section 20 and the amounts so approved may be paid accordingly. 22. Liability of Generating Board . (1) Subject to this Part, The Queensland Electricity Generating Board is liable for payment of all costs incurred by the Co-ordinator-General whether before or after the date of commencement of this Act in or in connexion with the construction or provision of works, being part of the hydro-electric project. (2) Costs for which the Generating Board is liable under subsection (1) include costs incurred by the Co-ordinator-General or on his behalf on account of the re-location of facilities of whatever description rendered necessary or desirable, in the Co-ordinator-General's opinion, by the construction or provision of works of a description referred to in subsection (1). (3) If by reason of the .construction or provision of works, being part of the hydro-electric project, or any cessation or delay therein completion of the Wivenhoe dam project or any part thereof is delayed whereby the amount of costs for which Brisbane and Area Water Board is liable under this Act is increased the Generating Board is liable for the payment of compensation to the Water Board to the extent of such increase, which compensation may be recovered by the Water Board in a court of competent jurisdiction by action for a debt due and owing to it. 23. Provision of hydro-electric project costs . (1) Payment of the costs incurred by the Co-ordinator-General in or in connexion with the construction or provision of works, being part of the hydro-electric project, shall be made from the Wivenhoe Pumped Storage Construction Fund established at the Treasury. (2) Moneys that are provided by the Treasurer of Queensland to the credit of the fund referred to in subsection (1) and that are repayable to him shall constitute a loan advanced by him to The State Electricity Commission of Queensland. The principal sum of such loan shall be repaid by the Commission and interest thereon shall be paid by the Commission in accordance with the terms and conditions and rate specified by the Governor in Council by Order in Council. (3) The Commission shall be deemed to have been duly authorized pursuant to the Electricity Act1976 to borrow the moneys that from time to time constitute a loan referred to in subsection (2). (4) All moneys borrowed by the Commission, whether moneys constituting a loan referred to in subsection (2) or moneys otherwise borrowed, and expended on or in connexion with the hydro-electric project shall be treated as capital sums borrowed by the Commission and as moneys provided by it to The Queensland Electricity Generating Board under the Electricity Act1976 and the Generating Board is liable to reimburse the Commission in accordance with section 43 of that Act

272 Wivenhoe Dam and Hydro -electric Works Act 1979, No. 32 in respect of those moneys from the date on which such moneys are credited to the Wivenhoe Pumped Storage Construction Fund or are otherwise expended by the Commission on or in connexion with the hydro-electric project whether the works on or in connexion with which such moneys are or are intended to be expended vest for the time being in the Co-ordinator-General or in the Generating Board pursuant to this Act. 24. Declaration as to costs of certain works . Subject to this Part, this section shall apply with respect to liability for the payment of costs referred to herein that is to say- (a) the costs of constructing that section of the Brisbane Valley Highway, which is to be re-located along the crest of the Wivenhoe dam, shall be costs of the Wivenhoe dam project and shall be the liability of Brisbane and Area Water Board except such part of those costs as are attributable to the surfacing of that section with bitumen, which part shall be the liability of The Commissioner of Main Roads, the corporation sole constituted under the Main Roads Act 1920-1976; (b) the costs of constructing a high-level bridge over the Brisbane River at the site of O'Shea's Crossing on the re-located Esk-Kilcoy road shall be costs of the Wivenhoe dam project and shall be the liability of Brisbane and Area Water Board; (c) the costs of re-locating roads in the charge of the Council of the Shire of Esk and of constructing bridges therein in either case to the standard ordinarily provided at the material time by such council for works of that description shall be costs of the Wivenhoe dam project and shall be the liability of Brisbane and Area Water Board if, in the Co-ordinator-General's opinion, such roads and bridges are rendered necessary or desirable by reason of the project; (d) the costs of constructing or up-grading roads that are required to carry traffic diverted during construction or provision of works, being part of the Wivenhoe dam project, shall be costs of the project and shall be the liability of Brisbane and Area Water Board; (e) the costs of up-grading, for the purposes of the hydro-electric project, the portion of the re-located section of the road that passes through Bryden on the eastern side of the Brisbane River (which section requires, in the Co-ordinator-General's opinion, re-location), which lies towards the southern end of that section for a distance of 8.9 kilometres approximately, to chainage 8 700, from the junction of that road with the Brisbane Valley Highway shall be, costs of the hydro-electric project for which. The Queensland Electricity Generating Board is liable; (f) the costs of replacing roads in the charge of The Commissioner of Main Roads aforesaid to the standard last provided by the Commissioner in respect of the road in question, which replacement is rendered necessary or desirable, in the Co-ordinator-General's opinion, by reason of the construction

Wivenhoe Dam and Hydro -electric Works Act 1979, No. 32 273 of the Wivenhoe dam project or the hydro-electric project shall be the liability of the Water Board or the Generating Board according as this Part prescribes but if the Commissioner should elect to up-grade any of such roads the additional costs resulting therefrom shall be the liability of the Commissioner. 25. Apportionment of joint costs . (1) Where for the benefit of the Wivenhoe dam project and the hydro-electric project jointly- (a) land is taken or acquired or, before the commencement of this Act, has been taken or acquired; (b) works are constructed or provided for the purposes of the projects; (c) works rendered necessary or desirable, in the Co-ordinator- General's opinion, are constructed or provided; or- (d) any facility is re-located because of the construction of the projects, so as to make it just that the costs incurred thereby should be apportioned between the two projects the Co-ordinator-General shall have the authority and function to apportion such costs between the projects in such manner as he considers equitable. (2) An apportionment of costs made by the Co-ordinator-General under subsection (1) shall be final and the costs as so apportioned shall be taken to be costs of the Wivenhoe dam project and of the hydro-electric project accordingly. 26. Provision of funds by Water Board . (1) The Governor in Council shall, by Order in Council, approve of a date as the date for the purposes of subsection (2). (2) On and from the date approved pursuant to subsection (1) Brisbane and Area Water Board shall provide all moneys required for the construction or provision of works, being part of the Wivenhoe dam project; for the costs of which that Board is made liable by this Act. (3) Moneys provided by the Water Board pursuant to subsection (2) shall be paid into such fund or funds as the Treasurer of Queensland approves and shall be applied towards the works for°which they have been provided. 27. Assumption of liabilities by Water Board . (1) On and from the date approved pursuant to section 26 (1) Brisbane and Area Water Board shall be liable for- (a) all payments thereafter falling due on account of principal redemption, interest and other charges on loans raised to that date; and (b) payment of all amounts due and outstanding at that date or thereafter falling due on account of costs incurred to that date, for the purposes of or in connexion with the works, being part of the Wivenhoe dam project, for the costs of which that Board is made liable by this Act.

274 Wivenhoe Darn and Hydro-electric Works Act 1979, No. 32 This subsection shall be construed so as not to prejudice the entitlement of the Water Board to such subsidy as the Governor in Council thinks fit to approve. (2) Where a liability imposed on the Water Board by subsection (1) arises by reason of a contract or arrangement made or entered into by the Co-ordinator-General and any other party then for the purpose of enforcing such liability against that Board it shall be deemed that the contract or arrangement was duly made or entered into between that Board and such other party to the exclusion of the Co-ordinator-General. 28. Entitlement of Water Board to revenue . On and from the date approved pursuant to section 26 (1) Brisbane and Area Water Board is entitled as a set-off against moneys to be provided by the Water Board pursuant to section 26 (2) to rentals or other revenue arising from property held by the Co-ordinator-General for the purposes of the Wivenhoe dam project. 29. Disposal of revenue from property in hydro-electric project. On and from the date of commencement of this Act all moneys due to the Co-ordinator-General and outstanding as at that date or falling due to him thereafter on account of rental or other revenue arising from property held by him for the purposes of the hydro-electric project shall be paid to the credit of the Wivenhoe Pumped Storage Construction Fund established at the Treasury until the property from which the rental or revenue arises is vested in The Queensland Electricity Generating Board pursuant to this Act and thereafter that Board shall be entitled to rentals and other revenue arising from the property vested in it. 30. Recovery of project costs by Co- ordinator - General . (1) The Co-ordinator-General, by action for a debt due and owing to him, in a court of competent jurisdiction- (a) may recover from Brisbane and Area Water Board all amounts paid by the Co-ordinator-General on account of costs incurred in or in connexion with the construction of the Wivenhoe dam project or on account of other moneys due and owing, for the payment of which costs or other moneys that Board is made liable by this Act; (b) may recover from The Queensland Electricity Generating Board all amounts paid by the Co-ordinator-General on account of costs incurred in or in connexion with the construction of the hydro-electric project for the payment of which costs that Board is made liable by this Act, together with such interest thereon as the court may in any case order. For the purposes of an action to recover money paid before the commencement of this Act on account of costs incurred in or in connexion with either project it shall be deemed that the cause of action arose on the date of commencement of this Act. (2) The right of recovery conferred by subsection (1) does not extend to any amount for which the Water Board is liable to a person other than the Co-ordinator-General under section 27 or to interest or other charges thereon.

Wivenhoe Dam and Hydro-electric Works Act 1979, No. 32 275 (3) In any action referred to in subsection (1) a certificate purporting to be that of the Co-ordinator-General or his delegate that an amount paid by the Co-ordinator-General was paid on account of the costs incurred in or in connexion with the Wivenhoe dam project or the hydro-electric project shall be admitted as conclusive evidence that the amount was paid on account of the costs so certified. (4) An action referred to in subsection (1) shall not be commenced and, if commenced, shall be stayed if a dispute such as may be determined under section 31 exists in respect of any matter material to the action, until such dispute is determined under that section. PART V-MISCELLANEOUS PROVISIONS 31. Determination of questions of fact. (1) If a dispute arises as to whether- (a) costs incurred are rightly regarded as costs in or in connexion with the Wivenhoe dam project or in or in connexion with the hydro-electric project or either of them; (b) works are for the purpose of the storage or supply of water or of flood mitigation or for the purpose of the generation or supply of electricity or for any of such purposes; (c) property taken, acquired or held is rightly regarded as taken, acquired or held for the purposes of the Wivenhoe dam project or of the hydro-electric project or either of them; (d) an apportionment of costs should be made pursuant to section 25, the Co-ordinator-General shall promptly refer the matter in issue to the Minister who may cause to be-made such investigations-- as he considers necessary and who shall make such recommendations with respect thereto as he thinks fit to the Governor in Council who shall determine the issue by Order in Council. (2) A determination of the Governor in Council pursuant to subsection (1) shall bind the Co-ordinator-General, Brisbane and Area Water Board and The Queensland Electricity Generating Board and shall be given effect. 32. Operational procedures for flood mitigation . During the course of construction of the Wivenhoe dam project the Advisory Committee constituted under the Brisbane and Area Water Board Act 1979 shall cause to be prepared a manual of operational procedures in relation to to each reservoir within the project and the reservoir behind Somerset Dam for the purpose of flood mitigation pending completion of the Wivenhoe dam project. 33. Approval and observance of flood manuals . (1) A manual prepared under section 32 and amendments thereof, which may be recommended by the Advisory Committee, shall not be effective until approved by the Minister of the Crown charged with the administration and control of water resources in Queensland. (2) Operational procedures for the time being specified-in a manual prepared under section 32 that is effective shall be taken to be the flood mitigation procedures of the Co-ordinator-General, Brisbane City Council and Brisbane and Area Water Board in respect of each reservoir

276 Wivenhoe Dam and Hydro-electric Works Act 1979, No. 32 to which the manual relates, pending completion of the Wivenhoe dam project, and shall be observed by each of them and the employees of each of them. 34. Compliance with flood mitigation procedures avoids liability for damage . No person shall be held liable for damages claimed in respect of loss or injury alleged to arise from- (a) the carrying out of flood mitigation procedures in accordance with the approved manual (as amended to the material time) prepared under section 32 in relation to the reservoir concerned; or (b) the inaccuracy of information released on behalf of Brisbane and Area Water Board, the Co-ordinator-General or an employee of either of them concerning anticipated flooding or the anticipated levels of flooding. 35. Liability for escape of water. The Co-ordinator-General, Brisbane and Area Water Board or The Queensland Electricity Generating Board shall not be liable, absolutely or vicariously- (a) for flooding or sending water upon any land by reason of the construction or provision of any works, being part of the Wivenhoe dam project or the hydro-electric project; or (b) for escape of water from headworks under its control or from works being constructed, provided or controlled by it or on its behalf, unless it be shown that the flooding, sending of water or escape is due to or arose out of the negligence of such of them as would, but for this section, be so liable, or of its servants in the construction, maintenance, control or operation of the works or headworks in question or of the flow of water therein. This section does not apply so as to prejudice the operation of section 34. 36. Control and disposal of land . (1) Until lands taken or acquired for the purposes of the Wivenhoe dam project or the hydro-electric project are vested in Brisbane and Area Water Board or, as the case may be, The Queensland Electricity Generating Board the Co-ordinator- General- (a) may, subject to subsection (2), lease, let or otherwise permit the occupation and use thereof in such manner as he thinks fit; and (b) may, subject to subsection (2), (i) surrender the same to the Crown with a view to its being reserved and set apart for a purpose provided for in the Forestry Act1959-1976, or as an environmental park, or for any other public purpose within the meaning of the Land Act 1962-1978 that is appropriate, if he is satisfied that the land is not required for the project for which it was taken or acquired and is not likely to be so required in the future; or (ii) sell the same on such terms and conditions as he thinks fit, if he is satisfied that the land is not required for the project for which it was taken or acquired and is not likely to be so required in the future and if the approval of the Governor in Council is first obtained to the proposal to sell the land.

Wivenhoe Dam and Hydro-electric Works Act 1979, No. 32 277 (2) Lands taken or acquired for the purposes of the Wivenhoe dam project, being land situated on Wivenhoe Hill above the full supply level of Wivenhoe dam and specified in the schedule, are reserved and set apart for such public purpose or purposes within the meaning of the Land Act 1962-1978, being one or more of the following purposes:- (a) environmental parks; (b) parks, gardens and recreation grounds; (c) scenic purposes; or (d) other like purpose, as is determined from time to time by the Minister of the Crown charged with administration and control of Crown lands in Queensland, and the Co-ordinator-General and thereafter the Water Board shall hold such lands as trustee for the purpose or purposes so determined for the time being. (3) Notwithstanding the trusts created by and under subsection (2) the trustee of the lands to which that subsection refers may dedicate to public use as road such part or parts of the lands as he or it thinks fit and, if the case require it, surrender to the Crown such part or parts for that purpose and any road thereon may be closed permanently or temporarily as provided by law. (4) The provisions of section 334B of the Land Act 1962-1978 (or the corresponding provision of any Act passed in substitution for that Act) and of Divisions II and IIA of Part XI of that Act apply in relation to the lands referred to in subsection (2) and the trustee thereof as if the lands had been reserved and set apart for a public purpose pursuant to that Act and had been placed under the control of the trustee under that Act. 37.'Delegation by Co- ordinator - General. (1) The Co-ordinator- General may, either generally or otherwise as provided by the instrument of delegation, by writing under his seal delegate to any person all or any of his powers, functions and duties under this Act, as may be specified in the instrument of delegation, other than this power of delegation. (2) A power, function or duty that has been delegated under this section may, while the delegation remains unrevoked, be exercised, discharged or performed in accordance with the terms of the delegation by the delegate to whom the same has been delegated. (3) A delegation may be made subject to. such conditions and limitations as to the exercise, discharge or performance of the power, function or duty delegated as the Co-ordinator-General thinks fit and specifies in the instrument of delegation. (4) A delegation may be revoked at the will of the Co-ordinator- General by writing under his seal. (5) A delegation does not prevent the exercise, discharge or performance by the Co-ordinator-General of the power, function or duty delegated. (6) The Co-ordinator-General may make as many delegations to such number of persons as he thinks fit. (7) Any act or thing done or suffered by a delegate while acting pursuant to a delegation has the same force and effect as if it were done or suffered by the Co-ordinator-General.

278 Wivenhoe Dam and Hydro- electric Works Act 1979, No. 32 SCHEDULE [s. 36 (2)] Lot or Portion Number Registered Plan Number Parish of County of Lot1 Lot 3 Lot4 Lots 5 and 6 Portion 41 Lot 7 . . Lots 1 and 2 Lot 5 Lot4 Lot3 139959 141516 142133 142134 142132 142474 149546 149548 142472 Wivenhoe Wivenhoe Wivenhoe Wivenhoe Wivenhoe Wivenhoe Wivenhoe Wivenhoe Wivenhoe Wivenhoe Cavendish Cavendish Cavendish Cavendish Cavendish Cavendish Cavendish Cavendish Cavendish Cavendish