New South Wales–Queensland Border Rivers Act 1946

Queensland New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Queensland New South Wales-Queensland Border Rivers Act 1946 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Act to bind the Crown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Part 2 Agreements 5 Ratification of agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5A Binding effect of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Part 3 Powers and duties of the commission 6 Regulations made by the commission . . . . . . . . . . . . . . . . . . . . . 5 7 To have force of law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Evidence of regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Entry on land by commission . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Writ to enforce performance of duty of commission . . . . . . . . . . 7 11 Orders of the commission to bind . . . . . . . . . . . . . . . . . . . . . . . . 7 12 Evidence of records of commission . . . . . . . . . . . . . . . . . . . . . . . 8 13 Saving of rights of State officers . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 4 Construction and maintenance of works and acquisition of land 14 Construction of works authorised . . . . . . . . . . . . . . . . . . . . . . . . 8 15 State to construct works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 16 Construction of works in Queensland by New South Wales . . . . 9 Part 5 Compensation for damage by works 18 Notice to be given in action for compensation . . . . . . . . . . . . . . . 10 19 Rules to be applied in determining compensation . . . . . . . . . . . . 10 20 Stay of proceedings until completion of works . . . . . . . . . . . . . . 11 21 Compensation for injury to interests in reversion . . . . . . . . . . . . 12 Part 6 Regulations by Governor in Council Contents New South Wales-Queensland Border Rivers Act 1946 22 Regulation–making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Part 7 Miscellaneous provisions 23 Appointment of commissioner and deputy commissioner . . . . . . 13 25 Penalty for injuring works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 26 Evidence of arbitrator’s decision . . . . . . . . . . . . . . . . . . . . . . . . . 14 27 Exemption from rates and taxes . . . . . . . . . . . . . . . . . . . . . . . . . 14 28 Recovery of penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 29 Reports to be laid before Parliament . . . . . . . . . . . . . . . . . . . . . . 14 Schedule 1 New South Wales–Queensland Border Rivers Agreement 1946 15 Schedule 2 First amending agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Schedule 3 Second amending agreement . . . . . . . . . . . . . . . . . . . . . . . . . 70 Schedule 4 Third amending agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Page 2 [s 1] New South Wales-Queensland Border Rivers Act 1946 Part 1 Preliminary New South Wales-Queensland Border Rivers Act 1946 An Act to ratify certain agreements made between the States of New South Wales and Queensland relating to the Severn, Dumaresq, Macintyre and Barwon Rivers, and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the New South Wales-Queensland Border Rivers Act 1946. 3 Act to bind the Crown This Act shall bind the Crown. 4 Definitions In this Act— agreement means the original agreement, as amended by— (a) the first amending agreement; and (b) the second amending agreement; and (c) the third amending agreement. constructing authority means the contracting government by which any works under this Act are constructed or to be constructed, or any authority constituted or appointed for the purpose of such construction. Current as at 4 October 2002—revised version Page 3 Authorised by the Parliamentary Counsel [s 4] New South Wales-Queensland Border Rivers Act 1946 Part 1 Preliminary contracting government means a government which is a party to the agreement. controlling authority, where used in reference to a State, means any government department or authority of that State which under the laws of that State is authorised or required to exercise the powers and fulfil the obligations by this agreement conferred or imposed upon a controlling authority. diversion includes abstraction, impounding, and appropriation of water that diminishes or retards the volume of flow of a river. first amending agreement means the agreement a copy of which is set out in schedule 2. government gazette means the government gazette of the State of New South Wales or Queensland (as the case may require). land includes Crown lands and buildings, messuages, tenements, and hereditaments of any tenure, and any easement, right, or privilege in, over, or affecting any land. maintenance includes repairs and improvements. original agreement means the agreement a copy of which is set out in schedule 1. proclamation means proclamation by the Governor in Council of the State of New South Wales or Queensland published in the government gazette of that State. purposes of this Act includes purposes of the agreement. river and tributary, respectively, include any affluent, effluent, creek, anabranch, or extension of, and any lake or lagoon connected with, the river or tributary. second amending agreement means the agreement a copy of which is set out in schedule 3. the commission means the Dumaresq–Barwon Border Rivers Commission appointed for the purposes of this Act. third amending agreement means the agreement a copy of which is in schedule 4. Page 4 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel [s 5] New South Wales-Queensland Border Rivers Act 1946 Part 2 Agreements this Act means this Act, the agreement, and any regulations made under this Act. under this Act includes under the agreement. Part 2 Agreements 5 Ratification of agreements Each of the following agreements is ratified— (a) the original agreement; (b) the first amending agreement; (c) the second amending agreement; (d) the third amending agreement. 5A Binding effect of agreement While the agreement continues to be binding on the State of New South Wales, it is binding on the State of Queensland. Part 3 Powers and duties of the commission 6 Regulations made by the commission (1) The commission may make regulations— (a) for or relating to— (i) the times and places of its meetings; (ii) the conduct of its proceedings; Current as at 4 October 2002—revised version Page 5 Authorised by the Parliamentary Counsel [s 6] New South Wales-Queensland Border Rivers Act 1946 Part 3 Powers and duties of the commission (iii) the duties and the control, supervision, and guidance of its officers and servants, and the time and mode in which they shall account to the commission for all moneys received by them on its behalf or account; (iv) the mode of making and the management and carrying out of contracts of the commission; (b) prescribing what business shall be deemed formal for the purposes of the agreement; (c) prescribing a penalty not exceeding $100 for a breach of any such regulations. (2) Every regulation under this section, on being published in the government gazette of each of the States of New South Wales and Queensland, shall take effect from the date of the last of such publications, or from a later date specified in the regulation. (3) In addition, regulations under subsection (1)(a) and (b) shall be laid before both Houses of Parliament of the State of New South Wales and before the Legislative Assembly of the State of Queensland within 14 sitting days after the date of the last publication thereof as aforesaid if Parliament is then in session, and, if not, then within 14 sitting days after the commencement of the next sitting of Parliament. (4) If either House of Parliament of New South Wales or the Legislative Assembly of Queensland passes a resolution (of which notice has been given at any time within 15 sitting days after such regulations have been laid before such House) disallowing such regulation such regulation shall thereupon cease to have effect. (5) For the purpose of this section— sitting days means days on which the House actually sits for the despatch of business. Page 6 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel [s 7] New South Wales-Queensland Border Rivers Act 1946 Part 3 Powers and duties of the commission 7 To have force of law The regulations of the commission made and to take effect pursuant to this Act shall have the force of law. 8 Evidence of regulation The production of a document purporting to be a copy of any such regulation, and to be signed by a commissioner or the secretary of the commission, or of a government gazette in which such regulation was published shall be prima facie evidence that such regulation was made and is in force. 9 Entry on land by commission For the purposes of this Act the commission and any person authorised by the commission may enter any lands and shall have free access to all works. 10 Writ to enforce performance of duty of commission The commission or a commissioner may be compelled, by mandamus or other writ issuing from the Supreme Court of either of the said States or (so far as the High Court has or may be invested with jurisdiction in the matter) from the High Court, to perform any of the duties of the commission or the commissioner (as the case may be) under this Act. 11 Orders of the commission to bind Subject to this Act and the agreement the orders, determinations, decisions, and declarations of the commission made in the exercise of its powers and discharge of its duties shall bind the Government and all persons and corporations, and may be made a rule or order of the Supreme Court and shall be enforceable accordingly. Current as at 4 October 2002—revised version Page 7 Authorised by the Parliamentary Counsel [s 12] New South Wales-Queensland Border Rivers Act 1946 Part 4 Construction and maintenance of works and acquisition of land 12 Evidence of records of commission Every minute or record of the proceedings of the commission, if signed by the commissioners, or a copy thereof certified as correct under the hand of a commissioner or the secretary of the commission, shall be presumed to be correct until the contrary is proved. 13 Saving of rights of State officers The existing and accruing rights of a person in the public service or in the employment of any authority constituted by or under any Act shall not be affected by reason of the person being appointed a commissioner or being appointed or employed as an officer or servant by the commission; and service as a commissioner or as such officer or servant shall count as service in the public service of Queensland or in the employment of any such authority. Part 4 Construction and maintenance of works and acquisition of land 14 Construction of works authorised Subject to this Act and the agreement, the construction in Queensland of the works to be constructed under the agreement by Queensland is hereby authorised. 15 State to construct works The works to be constructed under the agreement by Queensland shall be constructed, maintained, operated, and controlled under, subject to and in accordance with this Act and the agreement by the State. Page 8 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel [s 16] New South Wales-Queensland Border Rivers Act 1946 Part 4 Construction and maintenance of works and acquisition of land 16 Construction of works in Queensland by New South Wales (1) Subject to this Act the construction in Queensland of so much of the works to be constructed under the agreement by New South Wales as will be situated in this State is hereby authorised. (2) So much of the works to be constructed under the agreement by New South Wales as will be situated in Queensland may be constructed, maintained, operated, and controlled under, subject to, and in accordance with this Act and the agreement by the Crown in the right of the State of New South Wales, or by any corporation, instrumentality or person authorised in that behalf by the Governor of that State, and the Crown in the right of the State of New South Wales or such authorised corporation, instrumentality, or person may do in this State all such acts, matters, and things as are necessary in or for the purposes of the construction, maintenance, operation, and control of such works or any of them. (3) Subject to the approval of the Governor any land in Queensland required for such works or any of them may be taken by the State in the same manner as if such land were required by the said commissioner for works referred to in section 15. (4) Notwithstanding anything contained in any Act relating to industrial arbitration or any award or agreement made thereunder or pursuant thereto it shall be lawful for the Crown in the right of New South Wales or any authority, instrumentality, or person thereto authorised by it in constructing, undertaking, carrying out, establishing, carrying on, maintaining, managing or controlling in the State of Queensland any work required to be constructed, undertaken, carried out, established, carried on, maintained, managed or controlled by it under this Act and the agreement to observe the same conditions and pay the same wages as would prevail if such work were being undertaken or performed in the State of New South Wales. Current as at 4 October 2002—revised version Page 9 Authorised by the Parliamentary Counsel [s 18] New South Wales-Queensland Border Rivers Act 1946 Part 5 Compensation for damage by works Part 5 Compensation for damage by works 18 Notice to be given in action for compensation No action, claim, or other proceeding for compensation for damage occasioned by the construction or maintenance of works under this Act shall be maintainable unless— (a) notice in writing stating the nature and extent of the damage complained of has been furnished to the constructing authority within 6 months after the damage in respect of which the notice is given has been occasioned; and (b) after giving the notice the person claiming compensation proceeds without unreasonable delay to obtain such compensation. 19 Rules to be applied in determining compensation In determining whether any and what compensation for such damage is to be made, the court shall in each case have regard to and is hereby empowered and directed to apply the following principles— (a) no compensation shall be awarded save in respect of some item set forth in the notice in writing stating the nature and extent of the injury complained of furnished to the constructing authority as hereinbefore provided; (b) no compensation shall be awarded for any diminution or deterioration of the supply of water to which any person may be entitled, unless such diminution or deterioration is such as to deprive the claimant of a supply of water previously legally enjoyed by him or her, and unless such diminution or deterioration is the direct and will be the permanent result of the completed works; (c) no compensation shall be made for the taking or diverting of any water which the constructing authority Page 10 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel [s 20] New South Wales-Queensland Border Rivers Act 1946 Part 5 Compensation for damage by works is empowered by or under this Act to take or divert either permanently or temporarily from any river, creek, stream or watercourse, lake, lagoon, swamp or marsh; (d) there shall be considered in reduction of all claims for compensation for injury, whether by reason of the execution of any works under this Act, any, and if so what, enhancement in value of any property of the claimant, wherever situate, has been directly or indirectly caused, and whether any, and if so what, immediate or proximate benefit has been gained by or become available to such claimant by reason of the construction or use of such works; and a deduction shall be made accordingly from the amount which, but for this paragraph, would have been paid or payable as compensation; (e) the measure of damages shall in all cases be the direct pecuniary injury to the claimant by the loss of something of substantial benefit accrued or accruing, and shall not include remote, indirect, or speculative damages; (f) where the injury complained of appears to be of a permanent or continuing character, or likely to be repeated, a sum may be awarded which the court may declare to be a compensation for all injury, loss, or damage sustained in respect of the matter complained of to the date of the bringing of the action, and also for all future injury, loss, or damage, in respect of the same matter; and after such award no further compensation shall be made in respect of any such future injury, loss, or damage. 20 Stay of proceedings until completion of works If compensation is sought to be recovered for any such injury alleged to be the result of the execution of works which at the time of the alleged injury and of the claim to compensation in respect thereof are incomplete, it shall be lawful for any judge of the Supreme Court, upon an application by the constructing Current as at 4 October 2002—revised version Page 11 Authorised by the Parliamentary Counsel [s 21] New South Wales-Queensland Border Rivers Act 1946 Part 5 Compensation for damage by works authority, made without action, and either by summons or by motion upon notice to the claimant for compensation, to make an order directing that the proceedings upon the claim for compensation shall be stayed until the completion of such works or for such period to be stated in the order as the judge may consider sufficient for the completion of such works, and the proceedings to recover such compensation shall be stayed accordingly; but at the expiration of the stay limited in such order the claimant shall be at liberty to resume his or her proceedings for the recovery of such compensation without commencing any fresh proceedings. 21 Compensation for injury to interests in reversion (1) Where such compensation is sought to be recovered in respect of any acts causing or likely to cause the same kind of injury to the same property, and such acts may injure interests in reversion as well as in possession of such property, the person claiming compensation shall, before any sum is awarded as compensation, satisfy the court as to the nature and extent of the respective estates or interests in such property of such claimant and all other persons (if any) said to be injured, and that the claimant has given sufficient notice to all such other persons of the claimant’s proceedings to obtain compensation under this Act. (2) All such other persons, whether they have received such notice or not, who may appear before the court shall be entitled to be heard on behalf of their respective interests in the compensation to be awarded. (3) In awarding any sum by way of compensation for such injury the court shall award and apportion as between such claimant and such other persons in such manner in all respects as to such court may seem fit the amounts to be received by any or some or all of them respectively out of such sum as compensation for all injury of the same kind caused or likely to result to the respective interests of such claimant or other persons in such property. Page 12 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel [s 22] New South Wales-Queensland Border Rivers Act 1946 Part 6 Regulations by Governor in Council (4) Such amounts shall be received by such claimant or other persons, and shall be in full discharge and satisfaction of the claims of such persons to compensation in respect of the matter complained of, and of all future injury, loss, or damage in respect of the same matter. (5) Any person to whom any such sum has been awarded or apportioned as aforesaid shall have all such remedies and means of recovering the said sum from the constructing authority against which the claim has been made as though such person had originally been a plaintiff in the action in which such award or apportionment has been so made. Part 6 Regulations by Governor in Council 22 Regulation–making power The Governor in Council may, for carrying out any of the purposes of this Act for which the commission is not empowered to make regulations, make regulations and provide a penalty not exceeding $100 for any breach thereof. Part 7 Miscellaneous provisions 23 Appointment of commissioner and deputy commissioner The Governor may, under this Act, appoint a commissioner and, when and so often as may be necessary, a deputy commissioner, who shall respectively be paid, such salaries as the Governor shall determine. Current as at 4 October 2002—revised version Page 13 Authorised by the Parliamentary Counsel [s 25] New South Wales-Queensland Border Rivers Act 1946 Part 7 Miscellaneous provisions 25 Penalty for injuring works Every person who unlawfully and maliciously destroys or damages, or attempts to destroy or damage, any works or portion of works under this Act shall in addition to any penalty provided by regulations under this Act be guilty of a crime and liable on conviction on indictment to imprisonment for any term not exceeding 10 years. 26 Evidence of arbitrator’s decision A document signed by and purporting to contain the decision of an arbitrator appointed under the provisions of the agreement shall be evidence of such decision. 27 Exemption from rates and taxes No rates, taxes, or charges whatsoever (whether local government or not) shall be imposed, made, or levied, in respect of any works under this Act, or in respect of any land or other property held by any contracting government or constructing authority for the purposes of such works. 28 Recovery of penalties All proceedings and penalties for offences against or breaches of any regulations made under this Act not being indictable offences shall be heard and determined and be recovered in a summary way by complaint under the Justices Act 1886. 29 Reports to be laid before Parliament All reports, statements, and estimates received under this Act by the Governor shall be laid before Parliament without delay. Page 14 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Schedule 1 New South Wales–Queensland Border Rivers Agreement 1946 section 4 Editor’s note— Consistent with the provisions of the Act, this schedule only contains the proposed agreement authorised to be entered into by the Act as originally enacted. It does not purport to be either the agreement actually entered into or that agreement as amended from time to time. Current as at 4 October 2002—revised version Page 15 Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Page 16 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 17 Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Page 18 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 19 Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Page 20 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 21 Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Page 22 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 23 Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Page 24 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 25 Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Page 26 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 27 Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Page 28 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 29 Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Page 30 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 31 Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Page 32 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 33 Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Page 34 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 35 Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Page 36 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 37 Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Page 38 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 39 Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Page 40 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 41 Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Page 42 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 43 Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Page 44 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 1 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 45 Authorised by the Parliamentary Counsel Schedule 2 New South Wales-Queensland Border Rivers Act 1946 Schedule 2 First amending agreement section 4, definition first amending agreement Page 46 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 2 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 47 Authorised by the Parliamentary Counsel Schedule 2 New South Wales-Queensland Border Rivers Act 1946 Page 48 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 2 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 49 Authorised by the Parliamentary Counsel Schedule 2 New South Wales-Queensland Border Rivers Act 1946 Page 50 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 2 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 51 Authorised by the Parliamentary Counsel Schedule 2 New South Wales-Queensland Border Rivers Act 1946 Page 52 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 2 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 53 Authorised by the Parliamentary Counsel Schedule 2 New South Wales-Queensland Border Rivers Act 1946 Page 54 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 2 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 55 Authorised by the Parliamentary Counsel Schedule 2 New South Wales-Queensland Border Rivers Act 1946 Page 56 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 2 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 57 Authorised by the Parliamentary Counsel Schedule 2 New South Wales-Queensland Border Rivers Act 1946 Page 58 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 2 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 59 Authorised by the Parliamentary Counsel Schedule 2 New South Wales-Queensland Border Rivers Act 1946 Page 60 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 2 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 61 Authorised by the Parliamentary Counsel Schedule 2 New South Wales-Queensland Border Rivers Act 1946 Page 62 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 2 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 63 Authorised by the Parliamentary Counsel Schedule 2 New South Wales-Queensland Border Rivers Act 1946 Page 64 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 2 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 65 Authorised by the Parliamentary Counsel Schedule 2 New South Wales-Queensland Border Rivers Act 1946 Page 66 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 2 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 67 Authorised by the Parliamentary Counsel Schedule 2 New South Wales-Queensland Border Rivers Act 1946 Page 68 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 2 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 69 Authorised by the Parliamentary Counsel Schedule 3 New South Wales-Queensland Border Rivers Act 1946 Schedule 3 Second amending agreement section 4, definition “second amending agreement” Page 70 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 3 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 71 Authorised by the Parliamentary Counsel Schedule 3 New South Wales-Queensland Border Rivers Act 1946 Page 72 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 3 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 73 Authorised by the Parliamentary Counsel Schedule 3 New South Wales-Queensland Border Rivers Act 1946 Page 74 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 3 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 75 Authorised by the Parliamentary Counsel Schedule 3 New South Wales-Queensland Border Rivers Act 1946 Page 76 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 3 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 77 Authorised by the Parliamentary Counsel Schedule 4 New South Wales-Queensland Border Rivers Act 1946 Schedule 4 Third amending agreement section 4, definition third amending agreement Page 78 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 4 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 79 Authorised by the Parliamentary Counsel Schedule 4 New South Wales-Queensland Border Rivers Act 1946 Page 80 Current as at 4 October 2002—revised version Authorised by the Parliamentary Counsel Schedule 4 New South Wales-Queensland Border Rivers Act 1946 Current as at 4 October 2002—revised version Page 81 Authorised by the Parliamentary Counsel Endnotes New South Wales-Queensland Border Rivers Act 1946 1 Index to endnotes 2 Key 3 Table of reprints 4 List of legislation 5 List of legislation for variation of agreement 6 List of annotations 2 Key Key to abbreviations in list of legislation and annotations Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amd t = 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 renu m = renumbered ins = inserted rep = repealed lap = lapsed (retro ) = retrospectively notf d = notified rv = revised version num = numbered s = section Page 82 Current as at 4 October 2002—revised version Endnotes New South Wales-Queensland Border Rivers Act 1946 3 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3003 9601 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. 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 2012 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnu m = unnumbered prev = previous Reprint No. Amendments to Effective Reprint date 1 Act No. 31 of 1993 17 September 1993 2 June 1995 1A rv Act No. 55 of 2001 16 August 2001 4 October 2002 Key Explanation Key Explanation Current as at 4 October 2002—revised version Page 83 Endnotes New South Wales-Queensland Border Rivers Act 1946 4 List of legislation New South Wales–Queensland Border Rivers Act 1946 11 Geo 6 No. 16 date of assent 24 December 1946 commenced 1 July 1947 (proc pubd gaz 2 August 1947 p 236) amending legislation— Acquisition of Land Act 1967 No. 48 s 3(2) sch 1 date of assent 22 December 1967 commenced 23 March 1968 (proc pubd gaz 23 March 1968 p 1206) New South Wales–Queensland Border Rivers Act Amendment Act 1968 No. 46 date of assent 19 December 1968 commenced on date of assent Primary Industries Corporation Act 1992 No. 15 ss 1–2, 13 sch date of assent 13 May 1992 ss 1–2 commenced on date of assent s 13 sch commenced 30 September 1992 (1992 SL No. 271) New South Wales–Queensland Border Rivers Amendment Act 1993 No. 31 date of assent 2 June 1993 ss 1–2 commenced on date of assent remaining provisions commenced 17 September 1993 (1993 SL No. 348) Primary Industries and Natural Resources Legislation Amendment Act 2000 No. 26 ss 1, 12 sch 1 date of assent 27 June 2000 commenced on date of assent New South Wales–Queensland Border Rivers Amendment Act 2001 No. 55 date of assent 16 August 2001 commenced on date of assent 5 List of legislation for variation of agreement New South Wales–Queensland Border Rivers Act Amendment Act 1968 No. 46 date of assent 19 December 1968 commenced on date of assent 6 List of annotations Long title sub 1993 No. 31 s 5 Preamble om 1993 No. 31 s 6 PART 1—PRELIMINARY pt hdg sub 2001 No. 55 s 2 sch Page 84 Current as at 4 October 2002—revised version Endnotes New South Wales-Queensland Border Rivers Act 1946 Commencement s 2 om R1 (see RA s 37) Definitions prov hdg sub 2001 No. 55 s 3(1) def agreement ins 1993 No. 31 s 7(2) amd 2001 No. 55 s 3(3) def Border Rivers om 1968 No. 46 s 5(a) def Carrier Rivers om 1968 No. 46 s 5(b) def first amending agreement ins 1993 No. 31 s 7(2) def Governor om 1993 No. 31 s 7(1) def Minister om 1968 No. 46 s 5(c) def original agreement ins 1993 No. 31 s 7(2) def Person om 1993 No. 31 s 7(1) def Premier om 1993 No. 31 s 7(1) def Prescribed om 1993 No. 31 s 7(1) def second amending agreement ins 1993 No. 31 s 7(2) def The Agreement om 1993 No. 31 s 7(1) def The Schedule om 1993 No. 31 s 7(1) def third amending agreement ins 2001 No. 55 s 3(2) PART 2—AGREEMENTS pt hdg ins 1993 No. 31 s 8 sub 2001 No. 55 s 2 sch Ratification of agreements s 5 sub 1993 No. 31 s 9 amd 2001 No. 55 s 4 Binding effect of agreement s 5A ins 1993 No. 31 s 9 PART 3—POWERS AND DUTIES OF THE COMMISSION pt hdg sub 2001 No. 55 s 2 sch PART 4—CONSTRUCTION AND MAINTENANCE OF WORKS AND ACQUISITION OF LAND pt hdg sub 2001 No. 55 s 2 sch State to construct works prov hdg amd 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1 s 15 amd 1967 No. 48 s 3(2) sch 1; 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1 Construction of works in Queensland by New South Wales s 16 amd 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1 PART 5—COMPENSATION FOR DAMAGE BY WORKS pt hdg sub 2001 No. 55 s 2 sch Disposal of surplus lands s 17 om 1967 No. 48 s 3(2) sch 1 PART 6—REGULATIONS BY GOVERNOR IN COUNCIL Current as at 4 October 2002—revised version Page 85 Endnotes New South Wales-Queensland Border Rivers Act 1946 pt hdg sub 2001 No. 55 s 2 sch Regulation–making power prov hdg sub 2001 No. 55 s 2 sch s 22 amd 1993 No. 31 s 10; 2001 No. 55 s 2 sch PART 7—MISCELLANEOUS PROVISIONS pt hdg sub 2001 No. 55 s 2 sch MISCELLANEOUS hdg prec s 24 om 2001 No. 55 s 2 sch Water Act to be read subject to the Agreement s 24 om 1993 No. 31 s 11 SCHEDULE 1—NEW SOUTH WALES–QUEENSLAND BORDER RIVERS AGREEMENT 1946 sch hdg sub 1993 No. 31 s 12 SCHEDULE 2—FIRST AMENDING AGREEMENT sch hdg sub 2001 No. 55 s 5 sch 2 ins 1993 No. 31 s 13 SCHEDULE 3—SECOND AMENDING AGREEMENT sch hdg sub 2001 No. 55 s 6 sch 3 ins 1993 No. 31 s 13 SCHEDULE 4—THIRD AMENDING AGREEMENT ins 2001 No. 55 s 7 © State of Queensland 2016 Page 86 Current as at 4 October 2002—revised version