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©State of Queensland
QUEENSLAND
WATER ACT AMENDMENT ACT 1979, No. 11
[Reprinted as at I September, 1983]
An Act to amend the Water Act 1926-1976 in certain particulars and for other purposes
[ASSENTED TO 30 APRIL, 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 and citation. (1) This Act may be cited as the Water Act Amendment Act 1979.
(2) In this Act the Water Act 1926-1976 is referred to as the Principal Act.
(3) The Principal Act as amended by this Act may be cited as the Water Act 1926-1979.
2-6. Amended Principal Act.
7. Provisions concerning certain existing works. (1) This section relates to works in the nature of a barrage which were constructed prior to the commencement of this Act in a part of a river, creek or stream downstream of the point at which the river, creek or stream becomes a watercourse within the meaning of the Water Act 1926-1979 and upstream of the point at which the river, creek or stream ceases to be capable of navigation by such vessels as are ordinarily employed on that river, creek or stream for the purpose of carrying any goods and which works were not duly authorized according to law to be constructed.
(2) The Commissioner may, by notice under his seal given to- (a) the person for whom works to which this section relates were
constructed; or
(b) the person who is successor in title to the person referred to in provision (a); or
(c) the person who is using works to which this section relates, direct the person to whom the notice is given to remove the works and restore the site thereof to its former condition as nearly as practicable or to alter the works, in either case within such time as the Commissioner specifies in the notice, and, if he does not so remove the works and restore
2 s.7 WATER ACT AMENDMENT ACT 1979
the site, or, as the case may be, alter the works, to show cause to the satisfaction of the Commissioner, at such place and time as the Commissioner specifies in the notice, why the works should not be removed and the site thereof restored or, as the case may be, why the works should not be altered as aforesaid.
(3) If the person to whom notice is given under subsection {2) does not comply with the direction therein contained and does not, at the place and time specified in the notice or agreed to by the Commissioner, show cause to the satisfaction of the Commissioner why the works should not be removed and the site restored or, as the case may be, why the works should not be altered, in either case as required by the notice, the Commissioner may take all such steps and do all such things as he thinks necessary to comply with the notice in all respects and to dispose of any material produced as a result of his action as if he were the sole owner thereof.
The costs and expenses of and connected with taking any action authorized by this subsection may be recovered by the Commissioner from the person to whom the notice was given under subsection (2) by way of action in a court of competent jurisdiction for a debt due and owing to the Commissioner.
(4) For the purpose of exercising the powers conferred on him by subsection (3) the Commissioner and his servants and agents are hereby authorized to enter upon and exercise right of way over land adjacent to the site where the works in question are or were constructed and to bring with them such equipment and machinery as, in the Commissioner's opinion, is necessary to enable those powers to be properly exercised.
60831-By Authority: S. R. HAMPSON, Governmept Printc.r, Queensland
