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©State of Queensland
QUEENSLAND
with AN INDEX
(Compiled to 1st April 1969)
Prepared by direction of
The Honourable K. RICHTER, M.L.A., Minister €or ?Local Government and Conservation
By Authority: S . C . Xfsro, Government Printer, Brisbane-2969
TABLE OF C
Page Farm Wafer Supplies Assistance Acts, 1958 to 1965 .
.
. . 1 Index. . . . . . . . . . . .
. *. .
9FA ASSISTANCE
Farm Water ~ uA§s~stance ~ Act of 1958, ~ l 7 E h , 2, No. 8 ~ ~ ~ Amended by
Farm ~ ~§ ~ ~ ~ I i e s t eA $ s i $ ~ n c ~ ~ Act: A ~ ~ ~ Act ~ of 6 9 e n t Farm Water Supplies Assistance Acts Amendiment Act of 1
An Act to enable Farmers to obtain Financial Assistance for Works of Water Supply, to empower the Commissioner of Irrigation and Water S u p ~ l y to carry out such Works on bohalf of Farmers, and for purposes connected therewith.
[Assented to EO April 19581 I. Short title.
Assistance Act of 1958.
This Act may be cited as “The Farm Water Supplies
Collective title conferred by Act of 1965, No. 5 , s. 1 ( 3 ) .
2. ~ n t ~ r ~ ~ ~ t ~ t i ~ ~ . In this Act, unless the context otherwise indicates or requires, the fallowing terms shall have the meanings respectively assigned to them, that is to say-
“Bank”-The Corporation of the Agricultural Bank under atid within the meaning of “The Co-ordination of
Advances and Agricultural Bank Acts, 1938 to J951”;
“Conmissioner”--The Commissioner of Irrigation and Water Supply under and within the meaning of ‘
and Water Supply Commission Acts, 1946
“Farm land”-Farm land under and within the m Co-ordination of Rural Advances and Ag Acts, 1938 to 1951”;
“Fund”-The fund established in the Treasury under and for the purposes of this Act;
“Minister”-The Minister for Public Lands and Inrigation or other Minister of the Crown for the time being charged with the administration of this Act;
Owner”-In relation to farm land held from the Crown for a lesser estate than freehold, the person holding that land from the Crown;
“Works”-means works necessary for the provision on“ improve- for
U
rnent of water supply to farm lands for domes 01:
irrigation purpose% or for the preparation of fa irrigation.
Acts referred to:
Co-ordination of Rural Advances and Agriwltural Rank Acts, 1938 to Irrigation and Water Supply Cammission Acts, 1946 to 1949.
1965.
3 ss. 3-5 FARM WATER SUPPLIES ASST. ACTS, 1958 TO 1965
3. Administration of this Act generally. This Act shall be a ~ ~ ~ ~ ~ ~ ~ e r e ~ by the Minister and, subject to the Minister, by the Cornmissiomer.
4. A ~ ~for an: advance. ~ ~ c Any owner of farm land ~ ~ ~ i ~ w an advance for the purpose of the carrying out of works ma applicati,on to the Commissioner €or an advance.
and shall be accompanied by the prescribed deposit as security ffoir the cost of the investigation in connection with the application, and such deposit may be applied by the Commissioner in payment or part pay- ment of the cost of the investigation.
Such application shall be in or to the effect of the prescri
e a h g with application. (1) ( a ) Upon receipt of an applikaoion Cornmissioner shall cause to be made all such inquiries and
(b) He shall refer the applicaltion to- investigations as he deems necessary.
(i) (where the land, upon which the works, the su within the meaning of “The Sugar Experiment St 1900 to 1959”) the Director of Sugar Experim appointed under those Acts; and
Primary Industries,
f the Band application, are proposed to be carried out, is a
(ii) in any o’ther case, the Director-General, Department of for a report upon the prospects of success of the farmi
the purpose whereof the works tu which the applic proposed and the said Director or, as the case may be,
shall cause such a report to be made and furnished to the Commissioner.
(c) The Commissioner shall submit the application, his report upon such inquiries and investigations as he has made and the report referred to in paragraph (b) of this
the Bank for decision by the Bank whether or not an advance shall be made.
(d) For the purposes of advising the Bank on matters connected with applications under this Act fur advances the Agricultural
Board tinder and within the meaning of “The Co-ordination of
Advances and Agricultural Bank Acts, 1938 to 1951,” shall cons~slt of the three members appointed pursuant to that Act to constitute that Board for the time being together with the Commissioner or a pe~sor~i nominated in writing by the Commissioner.
authoriscd to, attend any meeting of the Agricultural Bank Board at am time when the business of that Board comprises any matter ~~~~~~~~
with an application under this Act €or an advance and take part in dhe discussion of and vote upon that matter as a member of the Board.
(2) In the event of the Bank deciding that an advance made the Commissioner shall furnish to the applicant a st
setting out a description of the works approved to be carried out 2nd the cost of the works as estimated by him.
Where the works are to be carried out by any pe including the owner, other than the Commissioner, the
shall set out in such statement the amount of the advance, not exceeding ninety per centum of the cost of the works as estimated by the C om mi, sion er,
The omm missioner or his aforesaid nominee may, an
FARM WATER SUPPLIES ASST. ACTS, 1958 T O 1965 s. 6 3
Where the applicant desires the Commissioner to carry out the works and ,the Cornmissioner is prepared to carry out the works, the Commissioner shall set out in such statement the terms and conditions under which he is prepared to carry out the works, includivlg the charge to be paid therefor or the manner in which such charge shall be assessed, and the amount, not less than ten per centum of the cost of the works as estimated by athe Cornmissioner, to be paid to the Commissioner in accordance with subsection three of this section.
( 3 ) If, on receipt of the statement referred to in subsection two of this section, ,the applicant is desirous of obtaining the
shall, within one month thereafter, notify the Commissioner to that effect in the prescribed form or a form to the like effect, and where be desires the works to be carried out by the Commissioner, the notification shalll be accompanied by the amount set out in the statement referred to in subsection two of this section to be paid to the Commissioner.
As m e n d e d by Act of 1965, No. 5, s. 2.
Acts referred to:
Sugar Experiment Stations Acts, 1900 to 1965.
Co-ordination of Rural Advances and Agricultural Bank Acts, E938 to 1965.
e ~ ~ (1) In any case where the ~ a ~ app ~ ~ ~ . r under subsection three of section five of
he desires the advance, the advance shall, subject to the provisions of this Act, be made by the Bank by way of loan.
require, and nothing in this Act shall require or be dee the Bank to make any advance in respect whereof secu by the Bank is not given to its satisfaction.
The Bank shall have and may exercise with respect to any adwance under this Act made by it, and any and every security t
relation to such advance, all such powers, rights, remedies
as it has in respect of a like advance under “The Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1951,” or, according to the terms and conditions of the advance, under those Acts and “The Agricultural Bank (Loans) Act of 1959,” and all of the provisions of such Acts shall, with and subject to all necessary adaptations, apply and extend accordingly:
Provided that no provision of “The Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1951,” shall apply so as to limit the power of the Bank to make an advance under this Act up to, but not exceeding, ninety per centum of the cost of the works.
( 3 ) Where any works are to be carried out by the Commissioner such securities for the advance as are required by the Bank shall be executed by the owner before the commencement of the construction of the works by the Commissioner and where any works are to be carried out by any person or body, including the owner, other than the omm missioner, such securities for the advance as are required by the Bank shall be executed by the owner before any advance is made to or on behalf of the owner.
(4) An advance made under this Act shall not be taken into account for the purpose of determining, under the provisions of section twenty-six of “The Co-ordination of Rural Advances and Agricultural
( 2 ) Every advance shall be on such security as tlr
4 ss. 7-10 FARM WATER SUPPLIES ASST. ACTS, I958 TO 1965
Bank Acts, 1938 to 1951,” the maximum of the advance or which may be mad,e to any one person by the Bank.
Amended by Act of 1963, No. 45, s. 2.
Acts referred to:
Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1965.
Agricultural Bank (Loans) Act of 1959.
Eo advances. No advance shall be made under is satisfied-
7. ~ o n p e r ~ ~ ~ ~ n ~ this Act unless the
( a ) That farming operations will be carried on m
land efficiently and with a reasonable prospect of success;
and
(b) That the proposed works in respect of s %re ming necessary to ensure a more efficient carrying
operations on such land.
8. A ~ of advance w ~ ~ nre work n r d cmie ~ The amount of any advan
are to be carried out by any person or body, including the owner, other than the Commissioner, shall be finally determined by the Bmk upon the completion of the works.
per centum s f the actual cost incurred by the owner, including
of any work performed by him, in respect of the carrying out off the works.
to be made to an
Such amount shall not excee
9. Pay advance where works nat out by simer.
Where works in respect of which an e is to under this Act are carried out by any person or body, including the owner, other than the ~ o i ~ ~ i s s i o n e r , the advance shall be made
as the Bank directs and upon the Commissioner certifyin have been carried out or are being carried out in a sat and in accordance with the approval of the Commissioner.
For the purposes of this section, the Commissioner officers and servants enter the lands of the owner and inspec
any case where the owner desires the Commissioner so to do the Commissioner may for or on behalf of and at the cost of t
carry out works in respect of which an advance is to be made Act.
shall be carried out on such terms and conditions, including to be paid therefor or the manner in which such charge is to b as may be agreed upon by the owner and the Commissioner.
( 3 ) Where the charge to be paid by the owner for any wozks carried out by the Cornmissioner under this section is the actual cost incurred by the Commissioner in carrying out the works, the amount of the actual cost shall include all proper supervision costs and overhead expenses and any certificate referred to in subsection five o
shall, according as certified thereby, be accepted as final a
evidence of the actual cost as aforesaid incurred by the Commissioner in carrying out the works or so much thereof as is specified in the certificate.
this section, the amount of the advance to be made by the Bank s h d be the charge agreed to be paid by the owner to the Commissioner Em
Sey CaJrffJ’ O u t WO& Wh&W
( 2 ) Any works carried out by the Commissioner under this section
(4) Where any works are carried out by the ~ o m m i s s i ~ n e r tin
FARM WATER SUPPLIES ASST. ACTS, 1958 TO 196.5 ss. Kl-E3 5
the carrying out of the works less the amount paid to the Commissioner by the owner under the provisions of subsection three of section five of this Act.
(5) On completion, or from time to time during the progress, of any such works carried out by the Commissioner, a certificate under the hand of the Secretary ?to the Commissioner setting out the amount of the charge to be paid to the Commissioner for the carrying out of the completed works or, as the case may be, so much thereof as is specified in the certificate shall be forwarded to the Bank whereupon the amount, or appropriate proportion of the amount, of the advance shall be paid to the Commissioner by the Bank and thereupon shall, for the purposes of this Act, be deemed to have been made to the owner.
11. ~ ~ ~ ~ s s i o ~ c r may Pet machinery, etc., OR hire. ( I ) The Commissioner may let on hire any machinery, plant or equipment €or the purpose of the carrying out of works by an owner of farm lands.
( 2 ) Where the Commissioner has let out on hire any machinery, plant or equipment for the purpose of carrying out any works in respect of which an advance is to be made under this Act, the Bank shall, out of the moneys to be advanced to the owner, pay to the Commissioner the amount of any such hire and any such amount shall, for the purposes of this Act, be deemed to have been advanced to the owner.
12. Works of joint water supply. ( I ) The owners of two or more separate parcels of farm land who are desirous of having water supplied to their lands by means of a joint water supply scheme may, whether or not the whole of the works are to be constructed on the land of one owner, make an application for an advance for the carrying out of works for that purpose. The provisions of section four and of section five of this Act shall apply with and subject to all necessary adaptations, to and in respect of an application under this section.
( 2 ) The amount of every advance made in pursuance oi an application lodged under this section shall be repaid by the whoTe of the owners in such proportions as rnay be agreed upon between them.
Notification of such proportions shall be given to the Commissioner when giving notification in accordance with subsection three of section five of this Act.
83. ~ o ~ ~ i s ~ ~ ~ l ~ e r may carry orat works where a ance i s ncpt ma ( I ) Where the owner .or occupier of any farm land desires the
~ ~ ~ m i ~ s i o n e r to carry out works and is prepared to pay in cash for the carrying out of such works, the Commissioner rnay carry out the works on such terms and conditions, including the charge to be paid therefor or the manner in which such charge is to be assessed, as may be agreed upon by the owner or occupier and the Commissioner.
(2) A certificate under the hand of the Secretary to the Cornmissioner of athe amount payable by the owner or occupier for any such works shall be forwarded to the owner or occupier, which certificate shall, where the charge to be paid for the works is the actual cost incurred by the Cornmissioner in carrying out the works, be accepted as final and conclusive evidence of the charge payable by the owner or occupier.
6 SS. 14-17 FARM WATER SUPPLIES ASST. ACTS, 4958 7’0 1965
Such amount until paid shall be and remain a debt due to ,the Conimissioner and any amount thereof not paid in accordance with the terms and conditions agreed upon shall be recoverable by the Cornmissioner in any court of competent jurisdiction.
14. ~~~~~~~~~~~ may carry oat i ~ ~ e ~ t i ~ ~ t i ~ n s , prepaxe ~ ~ ~etc. ~ ~ a t ~ s ~
( 1 ) The Commissioner may-
(a) Supervise, on behalf of any owner, the carrying out of any works on any farm lands; and
(b) Carry out surveys and investigations and prepare designs for and estimates of costs of any works proposed to be carried out on any farm lands.
( 2 ) The charge which the Cornmissioner may require for any supervision or work carried out by him ~ u r s u a ~ t to the provisions of subsection one of this section may-
(a) Where so agreed between the owner and the Commissioner be paid for in cash by the owner;
( b ) Be the subject of an advance under and in accordance with the provisions of this Act; or
(c) Be included in the amount of any advance which is made under and in accordance with the provisions of this Act for the carrying out of any wurks.
(3) Where the charge for any supervision or work carried out by the Commissioner under the provisions of subsection one of this section is the subject of an advance under and in accordtance with the provisions of this Act, or where any such charge is included in the amount of any advance being made under and in accordance with the provisions of this Act, the Bank shall, out of the moneys 40 be advanced to the owner, pay the Commissioner the amount of such charge, and any such amount paid by the Bank to the Commissioner shall, for the purposes of this Act, be deemed to have been advanced to the owner.
15. Entry on land and use Of terids. Where any works are to be carried out by the Commissioner under this Act the owner and the occupier of the farm lands on which the works are to be carried out shall for the purpose of enabling the Commissioner to carry out the said works grant to the Commissioner, his oEcers, workmen, servants, contractors or agents at all reasonable times, full and free right of ingress, egress and regress (and either with o r without vehicles, tools and materials) in, over or upon all or any of the farm lands and the right to the use of earth, stone, timber, gravel or sand or other materials of things dug, raised or obtained on such lands.
66. Saving sf “The Water Ads, 1926 tcp 11957.” Nothing in this Act shall authorise any works whereto Part IT or Part VII of “The Water Acts, 1926 to 1957,” apply to be carried out save in compliance in every respect with the requirements of the Part in question of those Acts.
Act referred to :
Water Act, 1926-1968.
17. Farm Water $ ~ Aslsistmce ~ ~F
.
l(1) There ~ ~shall be ~ established in the Treasury a Fund to be called “The Farm Water Supplies Assistance Fund”.FARM WATER SUPPLIES ASST. ACTS, 1958 TO 1965 S S . 1 7 ~ - P & 7
( 2 ) There shall be paid into the Fund-
(a) All moneys borrowed by the Bank for the purposes of this Act;
( b ) All moneys received by the Bank in respect of the repayment of advances made under this Act, and the payment of interest thereon, or received by the Bank otherwise howsoever;
(c) All moneys appropriated by Parliament for the purposes of this Act.
( 3 ) There shall be paid out of the Fund-
(a.) All advances made by the Bank under this Act;
( b ) All moneys payable by the Bank in respect of the repayment of loans borrowed by the Bank for the purposes of this Act, and the payment of interest thereon;
( c ) All expenses incurred by the Bank in respect of advances under this Act.
Amended by Act of 1963, No. 45, s. 3.
3 7 A . Bower of Bank to borrow money. For the purpose of enabling i t
to carry on the business of making advances under this Act the Bank may borrow money and the provisions, with respect to the borrowing of money by the Bank, of “The Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1951,” shall, with and subject of all necessary adaptations apply and extend accordingly.
Without limiting the generality of those provisions of “The Co-ordination of Rural Advances and Agricultural Bank Acts, 8938 to 1951,” with the prior approval of the Governor in Council, the Bank may from time to time borrow money by the sale of debentures, bonds or inscribed stock, or partly in one way and partly in another way or other ways.
Inserted by Act of 1963, No. 45, s. 4.
Act referred to:
Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 19G5.
18. Regulations. (1) The Governor in Council may, from time to time, make regulations providing €or all or any purposes, whether general or to meet particular cases, as in his opinion are convenient for the administration of this Act or as in his opinion are necessary or expedient to carry out the objects and purposes of this Act.
(2) Every regulation made under this Act shall- ( i ) Be published in the Gazette;
(ii) Upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein;
(iii) Take effect from the date of such publication unless, in the case of any regulatiun, a later date is specified in that or any other regulation for its commencement when in such event it shall take effect from that later date; and
(iv) Be laid before Parliament within fourteen sitting days after such publication, if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session.
8 s.18 FARM WATER SUPPLlES ASST. ACTS, 1958 TO 1965 ( 3 ) If Parliament passes a resolution of which notice has been given at any time within fourteen sitting days after any such regulation has been laid before Parliament disallowing the same or part thereof, thtat regulation or part shall thereupon cease to have effect, but without prejudice to the validity 'of anything done in the meantime or to the making of a further regulation.
INDEX
A
A dm inis t r a t ion Advances-
amount of. where work not carried out by Commissioner . .
amount of. where works carried out by Commissioner . .
applicant to advise Commissioner within one month if application for . See also under “Application for advance ”
Commissioner to advise details of advance . . .
Commissioner to be paid f o r hire of machinery. etc., out of Commissioner to be paid for investigations. etc., out of . .
conditions precedent to advance . . .
not to be taken into account under s . 2 6 0 f the Co-ordination o f Rural kdvances and Agricultural Bank Acts payable from The Farm Water Supplies Assistance Fund ” payment of. where works carried out by Commissioner . .
payment of. where works not carried out by Commissioner
security for . . .
to be made by Baiik . . .
when security to be executed . . .
constitution of . . .
application of deposit . . .
Commissioner to investigate . . .
deposit for cost of investigation of . . .
to be in prescribed form . . .
to be made to Commissioner . . . . . t o be submitted together with reports id Bank . . . .
whom to be rel‘erred to . . .
advance required
Agricultural Bank Board- Application for advance-
B
B:I n k-
advances lo be made by . . .
amount of advance where Commissioner executing work . .
application for advance t o be submitted t o . . .
limits as to advances by . . .
inay fix security required for an advance . . .
payment of advances by . . .
powers in relation t o advance and securities Laken in relation t o delermine amount of advance . . .
t o have powers t o borrow money . . .
t o pay Commissioner for hire of machinery. etc . . .
t o pay Commissioner for investigations. e t c . . .
where Commissioner executing the works. Bank’ i o pay thereto
Commissioner. on Commissioner’s certificate
C
Coniiiiissionec-
application Ibr advance to . . .
application of deposit paid o n application
authorised to attend meetings Agricultural Badk Boaid certificate of. as to completion of works wholly or in part id
may carry out investigations. prepare estimates. etc .
may carry out works where advance is made . . . .
may carry out works where no advance made . . . .
may let machinery. etc., o n hire
notification to. in case of joint works . . .
payment for investigations. etc., by Commissione~
payment for works where n o advance made . . .
power of entry for purpose of certifying as t o works . .
powers of a s member of Agricultural Bank Board . .
t o be member of Agricultural Bank Board for purposes of ALL t o be notified by applicant within one month if advance is to certify as to carrying out of works . . .
t o give applicant a statement setting out description of the to investigate application for advance . . .
t o refer application t o whom . . .
t o state terms and conditions on which h e will execute . .
t o submit application and reports t o Bank . . .
. .
be forwarded to Bank
. .
. . . . . . .
required
works a n d theestimated cost. totaladvance
s . 3 . . . .
8 . . . .
lO(4) . .
5 (3) . .
5 ( 2 ) . . 5 ( 2 ) . .
11(2) . .
14(3) . .
I . . . . 6 (4) . .
17 (3) . . 10 ( 5 ) . .
9 . . . . 6 ( 2 ) . .
6(1) . .
6 (3) . .
4 . . . .
5 (1) (a) . .
4 . . . .
4 . . . .
6 (1) . .
10 (4) . . 5 (1) (c) . . 6 (2). (4) . .
6 (2) . .
9 . .
6 (2j’ . . 8
1 7 ~ . . . .
14 (3) . .
11 (2) . .
10 ( 5 ) . .
4 4 . .
10 (5) . .
14(1) . .
5 ( i j i d ) . .
. .
10 . .
i z ( 1 j ’ . .
11 (1) . .
12(2) . .
14(2) (3) . .
12 (2) . .
9 . . . . 5 (1)(d) . .
5 (1) (d) . .
5 (3) . .
9 . . . .
5 (2) . .
ACTS.
.
. . . . . . . .
.. . .
. .
. . . .
t.
. . . .
. . . .
. .
. .
. . . . . . . . . . . . . .
I.
. .
. . .. ..
.. . . ..
. . . . . . . . . .
. . .. . . . . .. . . . . .. . .
. . . . . . . .
.. . . . . ..
.. . . . .
. .
......
Page
2 4 4 2
2 2 5 6 4 3 6 4 4 3 3 3 2
2 2 2 2 2 2 2
3 4 2 3 3 4 3 4 7 5 6 4
2 2 2 4 6 4 5 5 5 6 5 4 2 2 2 4 2 2 2 2 2
10 INDEX
.- - _ - - __ __---_I _ _ _ -___
D
Deposit to accompany appltc.ition for advance . s. 4 .
F
Farm Water Supplies Assistance Fund-
e s t a b l i s ~ i ~ e ~ t of . . . 17 (1) payments into Fund . . . . . . . . . . . . 17 (2) payments out of' Fund . . . . . . . . . . . . 17 (3)
Joint Water Suppty Work--
. . . . . . . . . . . . . .
application for 12 ( 1 )
notification to Corniiissioner re payments by joint owners . . 12 ( 2 , payment for . . . 12 (2)
MI
n cliinery, e t c . , Commissioner may Let o n hire . . . 11 (1) Meaning of berms-
Bank . . . 2 . .
Commissioner . . . 2 . .
Farm Land . . . 2 . .
Flllld . . . 2 ..
!Minister . . . . . . . . . . . . . . . . 2 . .
Owner . . . 2 . .
Works . . . 2 ..
R Regulations 18 S Savings of " The Water Acts, 1926 t o 1957 . . . 16 . .
Short title . . . 1 ..
w
Works m a y be carried out by Coniinissioner where an advance is 1 3 . .
not made
..
. . . .
1 .
.. . . . .
..
. . . . . . . . .. ..
..
. . . .
. .
I
. .
.. . . ..
. . . . . .
. .
. .
. . . .
f.
. . . . . .
. .
. . ..
. .
-
Page 2
6 6 6
5 5 5
5
1 I 1 2 1 I 1
7
G i
5
By Authority: S . G . Reid, Governmen1 P i i n k c , Brisbane-1969
