Brisbane River Tidal Lands Improvement Act 1927

Queensland Brisbane River Tidal Lands Improvement Act 1927 Reprinted as in force on 1 July 2010 Reprint No. 1A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy Information about this reprint This Act is reprinted as at 1 July 2010. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprint for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprint. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other. Queensland Brisbane River Tidal Lands Improvement Act 1927 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Authority to construct and maintain weir—schedule . . . . . . . . . . 4 4 No action to lie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Power to extend provisions of Act . . . . . . . . . . . . . . . . . . . . . . . . 5 Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Endnotes 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 [s 1] Brisbane River Tidal Lands Improvement Act 1927 Brisbane River Tidal Lands Improvement Act 1927 [as amended by all amendments that commenced on or before 1 July 2010] An Act to authorise the Brisbane City Council to construct and maintain a weir over the tidal land in Breakfast Creek, a tributary of the Brisbane River within the City of Brisbane, and to authorise the said council to undertake further improvements in respect of the tidal lands or tributaries of such river within the said city; and for other consequential purposes Preamble 1 The Brisbane City Council, for the purpose of remedying a nuisance existing at the head of the tidal portion of Breakfast Creek within the city, having applied for permission to construct across the said creek a weir over the tidal land thereof (the site of which proposed weir is shown on the plan in the schedule) for the purpose of preventing the passage of salt water from the said creek above the said site. 2 The council, having complied with the provisions of the Harbour Boards Act 1892, section 66, in depositing the necessary plans of the proposed structure with the marine board, the said board recommended approval of such application, provided that the said council accept any legal responsibilities which may obtain in connection with the construction and maintenance of the said weir. 1 Short title This Act may be cited as the Brisbane River Tidal Lands Improvement Act 1927. Reprint 1A effective 1 July 2010 Page 3 [s 2] Brisbane River Tidal Lands Improvement Act 1927 2 Definitions In this Act— city means the area of the City of Brisbane as defined by the City of Brisbane Act 2010. council means the Brisbane City Council constituted by the City of Brisbane Act 2010. marine board or board means the Marine Board constituted under the Navigation Act 1876. 3 Authority to construct and maintain weir—schedule The council is hereby authorised and empowered to construct, and thereafter to permanently maintain and renew, a weir across Breakfast Creek and over the tidal land of such creek being a tributary of the Brisbane River within the city (the site of which such proposed weir is shown on the plan in the schedule). 4 No action to lie (1) No action, indictment, information, or other proceeding shall be commenced, presented, prosecuted, or maintained against the Government or the board, or any person or authority representing such Government or board, or against the council or any contractor with such council or any of its or his or her agents, officers, or workers, for or in respect of the construction, maintenance, or renewal of the said weir, or for or in respect of any alleged obstruction of the navigation of Breakfast Creek, or any alleged deprivation of any riparian rights, or deprivation of access to the said creek, or for or in respect of any damages, loss, or expenses whatsoever occasioned or alleged to be occasioned by reason of such construction, maintenance or renewal, obstruction or deprivation, or in any wise whatsoever, arising therefrom. (2) However, nothing in this Act shall be construed to affect the immunities or duties, liabilities or obligations of the council as a local government with respect to the said weir under the Local Government Act 2009 or the City of Brisbane Act 2010, Page 4 Reprint 1A effective 1 July 2010 [s 5] Brisbane River Tidal Lands Improvement Act 1927 whether during the construction of the same or at any time thereafter. 5 Power to extend provisions of Act (1) The provisions of this Act, with such modifications, additions, conditions, and stipulations as may be deemed necessary, may at any time and from time to time be extended by the Governor in Council, by order in council published in the gazette, so as to authorise and empower the said council, with the approval of the Governor in Council, to undertake any further work or works which may be considered necessary by the council for improvements in respect of the tidal lands or tributaries of the Brisbane River within the city. (2) Thereupon the provisions of this Act, with such modifications, additions, conditions, and stipulations aforesaid, shall extend and apply to such work or works to the same extent and in the same manner as if such work or works were expressly mentioned in this Act. Reprint 1A effective 1 July 2010 Page 5 Schedule Brisbane River Tidal Lands Improvement Act 1927 Schedule section 3 Page 6 Reprint 1A effective 1 July 2010 Endnotes Brisbane River Tidal Lands Improvement Act 1927 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2010. Future amendments of the Brisbane River Tidal Lands Improvement Act 1927 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Reprint 1A effective 1 July 2010 Page 7 Endnotes Brisbane River Tidal Lands Improvement Act 1927 3 Key Key to abbreviations in list of legislation and annotations 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered prev = previous Reprint No. Amendments to Effective Reprint date 1 none 7 January 1928 2 May 1996 Reprint No. Amemdments included Effective Notes 1A 2009 Act No. 17 2010 Act No. 23 1 July 2010 Page 8 Reprint 1A effective 1 July 2010 Endnotes Brisbane River Tidal Lands Improvement Act 1927 5 Tables in earlier reprints 6 List of legislation Brisbane River Tidal Lands Improvement Act 1927 18 Geo 5 No. 20 date of assent 7 January 1928 commenced on date of assent amending legislation— Local Government Act 2009 No. 17 ss 1, 2(4), 331 sch 1 date of assent 12 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2010 (2010 SL No. 122) City of Brisbane Act 2010 No. 23 ss 1–2(1), 352 sch 1 date of assent 17 June 2010 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2010 (see s 2(1)) 7 List of annotations Definitions s 2 def “city” amd 2010 No. 23 s 352 sch 1 def “council” amd 2010 No. 23 s 352 sch 1 No action to lie s 4 amd 2009 No. 17 s 331 sch 1; 2010 No. 23 s 352 sch 1 Name of table Reprint No. Changed citations and remade laws 1 Changed names and titles 1 Obsolete and redundant provisions 1 Renumbered provisions 1 © State of Queensland 2010 Reprint 1A effective 1 July 2010 Page 9