Gladstone Area Water Board Act 1984

Queensland GLADSTONE AREA WATER BOARD ACT 1984 Reprinted as in force on 9 December 1999 (includes amendments up to Act No. 59 of 1999) Reprint No. 2B 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 9 December 1999. 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. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland GLADSTONE AREA WATER BOARD ACT 1984 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 2—OPERATIONAL AREA OF THE BOARD 7 Establishment of area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 3—GLADSTONE AREA WATER BOARD Division 1—Constitution of board 8 Gladstone Area Water Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 2—Composition of board 10 Constitution of the board under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Councils’ nominees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 Failure to nominate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 13 Date for nomination of local government’s nomination . . . . . . . . . . . . . . . . 11 14 Appointment of board members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 15 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 16 Termination of membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 17 Casual vacancy in membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 18 Delegate members of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 19 Dissolution of local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 3—Control of board’s affairs 20 Deputy chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

2 Gladstone Area Water Board Act 1984 PART 4—FUNCTIONS AND POWERS OF THE BOARD Division 1—General functions 21 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 2—General powers 22 Construction by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 23 General powers of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 25 Power of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 26 Interference with roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 27 Board may take over or acquire local government undertakings . . . . . . . . . 21 28 Board to instigate exercise of powers under s 27 . . . . . . . . . . . . . . . . . . . . . 21 29 No entitlement to compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 30 Procedure for taking over control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 31 Procedure for acquisition of property or assumption of liabilities . . . . . . . . 23 32 Enforcement of existing claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 33 Presumed privity of contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 34 Board to be aided in securing property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 35 Prescribed enactments inapplicable to dealings under this Act . . . . . . . . . 25 36 Apportionment of liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 37 Local government may take over or acquire board undertakings . . . . . . . . 26 38 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 PART 5—SUPPLY AND USE OF WATER Division 1—Control of water 39 Board’s entitlement to water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 41 Board to control water storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 42 Protection of board upon taking water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 43 Cessation of local government’s entitlement to water . . . . . . . . . . . . . . . . . 28 44 Allocations of water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 45 Exchange of information on water requirement . . . . . . . . . . . . . . . . . . . . . . . 29 46 Solution of disputes between board and local government . . . . . . . . . . . . . 29 47 Board may assist local government in distributing and treating water . . . . 30 Division 2—Protection of water quality 48 Regulation of use of catchment area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

3 Gladstone Area Water Board Act 1984 49 Effect of regulations under s 48 on powers etc. . . . . . . . . . . . . . . . . . . . . . . . 30 50 Effect of regulations under s 48 on rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 51 Effect of regulations on town planning applications . . . . . . . . . . . . . . . . . . . 31 52 Board’s liability for certain injurious affection . . . . . . . . . . . . . . . . . . . . . . . 32 Division 3—Discontinuance or lessening of supply of water 53 Board’s power over supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 54 Manner of exercising s 53 power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 PART 6—FINANCIAL PROVISIONS Division 1—Power to charge for water 55 Terms of water supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Division 2—Application of finance Acts 56 Board is statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Division 6—Special financial arrangements 87 Board to recover charges and fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 PART 7—TAKING AND HOLDING LAND BY THE BOARD 88 Freehold land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 89 Other land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 90 Application of Acquisition of Land Act 1967 . . . . . . . . . . . . . . . . . . . . . . . . 35 91 Taking additional land upon severance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 92 Acquisition of easements etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 PART 8—CONDUCT OF THE BOARD’S AFFAIRS Division 1—Proceedings and business of board 94 Meetings of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 95 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 96 Quorum at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 97 Notice of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 98 Adjournment of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 99 Conduct of board’s affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 100 Validity of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 101 Disability on participation in business of board . . . . . . . . . . . . . . . . . . . . . . 40 Division 2—Remuneration fees and expenses 102 Chairperson’s remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

4 Gladstone Area Water Board Act 1984 103 Remuneration of other board members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 104 Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 105 Other fees etc. not payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 106 Insurance of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Division 3—Employees of board 107 Employment of staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 108 Staff and employees of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 109 Staff of works controlled by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 110 Employees of local government prejudiced by board’s control of works . . 44 111 Employment details to be furnished to board . . . . . . . . . . . . . . . . . . . . . . . . 45 112 Retention of accrued leave rights by board’s employees . . . . . . . . . . . . . . . 45 113 Retention of superannuation rights by board’s employees . . . . . . . . . . . . . . 46 114 Board to contribute as employer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 115 Superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 PART 9—MISCELLANEOUS PROVISIONS 116 Board’s existence to be reviewed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 117 Board not liable for short supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 118 Extent of liability for escape of water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 119 Obstruction of board’s agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 120 Assault on board’s agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 121 Interference with board’s property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 122 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 123 By-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 124 Manner of making by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 127 Intervention in board’s affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 129 Proof of board’s documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 130 Search of titles without fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 131 Returns to the Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 133 Offence provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 134 Control of money and property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 135 Appropriation of penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

5 Gladstone Area Water Board Act 1984 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 57 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

s1 7 s6 Gladstone Area Water Board Act 1984 GLADSTONE AREA WATER BOARD ACT 1984 [as amended by all amendments that commenced on or before 9 December 99] An Act to consolidate and amend the law relating to the planning, further development, administration and operational control of bulk supply of water by Gladstone Area Water Board to local governments, major consumers and for electricity generating purposes and for related purposes † PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Gladstone Area Water Board Act 1984 . ˙ Definitions 6. In this Act— “board” means the body corporate preserved, continued in existence and constituted under this Act by the name Gladstone Area Water Board. “chairperson” means the chairperson of the board. “dam” means a barrier, together with its appurtenant works, for the storage, control or diversion of water. “financial arrangements” shall have the meaning ascribed to it in the Statutory Bodies Financial Arrangements Act 1982 . “headworks” means any dam (including any pipes in outlet works or laid under a dam), reservoir, structure, building, well, bore tank, aqueduct, tunnel, engine, pump or equipment used for or in connection with the storage, control or diversion of water.

s7 8 s7 Gladstone Area Water Board Act 1984 “major consumer” means an individual or corporation or statutory authority to whom the board supplies or proposes to supply, under such terms and conditions as the board considers proper, bulk water in an amount in excess of 200 ML per annum. “manager” means the person appointed by the board to be manager of the board and includes the officer of the board for the time being performing the duties of manager. “operational area” means the operational area of the board as declared by part 2. “reservoir” means any artificial lake, pond or basin formed by the construction of a dam. “town planning scheme” means a planning scheme under the Local Government (Planning and Environment) Act 1990 . “treatment works” means any building, storage tank, mechanical and electrical equipment of every description or other part of any works that is used primarily for the quality control or purification of water and includes all mains contained therein or used in association therewith. “trunk main” or “main” means any pipe, aqueduct, siphon or facility used in association therewith (including a pump, motor, a water-storage structure, an air vessel, a water meter, structure, building, prechlorination equipment, mechanical and electrical equipment and other apparatus and equipment of every description) that is used for or in connection with the prechlorination or conveyance of water from headworks, or to or from treatment works. † PART 2—OPERATIONAL AREA OF THE BOARD ˙ Establishment of area 7. The local government areas comprising Gladstone City and Calliope Shire are hereby declared to be the operational area of the Gladstone Area Water Board.

s8 9 s8 Gladstone Area Water Board Act 1984 † PART 3—GLADSTONE AREA WATER BOARD † Division 1—Constitution of board ˙ Gladstone Area Water Board 8.(1) Subject to this Act, the body corporate duly established pursuant to a notification dated 16 August 1973 as a project board, to which has been assigned, by order in council dated 16 August 1973 and published in the gazette on 18 August 1973 on page 2843, the name and style of Gladstone Area Water Board is hereby preserved, continued in existence and constituted as a body corporate pursuant to the provisions of this Act under that name, that is to say, Gladstone Area Water Board. (2) The board shall have the functions, authorities, powers and duties conferred or imposed on it by the several provisions of this Act. (3) The board shall continue to have perpetual succession and a common seal and shall be capable in law of suing and being sued in its corporate name, and subject to this Act and for the purpose of discharging its functions pursuant to this Act, of taking, acquiring, holding and disposing of land and other property whether real or personal, moveable or immovable (which land and other property is vested or deemed to be vested in the board according to the nature of the estate and interest therein), of granting and taking leases of land and other property and of doing and suffering all such other acts, matters and things as bodies corporate may in law do or suffer. (4) All courts, judges and persons acting judicially shall take judicial notice of the seal of the board affixed to any document and shall presume, unless the contrary is proved, that it was duly affixed. (5) The board shall from time to time provide and maintain or contract for the use of a public office within the operational area for the purpose of transacting the business of the board.

s 10 10 s 12 Gladstone Area Water Board Act 1984 † Division 2—Composition of board ˙ Constitution of the board under this Act 10. The members who constitute the board are as follows— (a) 2 persons, councillors of Gladstone City Council, nominated by that council for appointment; (b) 2 persons, councillors of Calliope Shire Council, nominated by that council for appointment; (c) the chief executive of the department or the chief executive’s nominee who shall, ex officio, be chairperson; (d) the chief executive of the department within which the Industrial Development Act 1963 is administered or the chief executive’s nominee; (e) a person nominated by the chief executive of the department. ˙ Councils’ nominees 11.(1) The chief executive must, within a reasonable time before the end of the term of appointment of the board members, by signed notice request the Gladstone City Council and the Calliope Shire Council to give the chief executive the names of their nominees for appointment to the board. (2) The nominees’ names must be given within the time stated in the notice. ˙ Failure to nominate 12.(1) This section applies if— (a) a local government mentioned in section 11 does not give the name of a nominee to the chief executive in the time stated in the chief executive’s notice; or (b) a person nominated by a local government does not have the prescribed qualifications for membership of the board. (2) The Minister may nominate a person for the local government and the nomination is taken to be the local government’s nomination.

s 13 11 s 16 Gladstone Area Water Board Act 1984 ˙ Date for nomination of local government’s nomination 13. Where the chief executive makes of a local government a request referred to in section 11 during the term of appointment of a board constituted under this Act, the time limited therein for furnishing the names of the nominees of the local government shall be such that it will expire on a date later than the day on which is held the first meeting of the local government following the election by reference to which the term of appointment of its members of the board are, by this Act, expressed to expire. ˙ Appointment of board members 14. The members of the board are appointed by the Governor in Council. ˙ Term of appointment 15.(1) An appointed member’s appointment starts— (a) on the day notice of the appointment is published in the gazette; or (b) on a later day specified in the notice. (2) An appointed member’s term ends on a day fixed by gazette notice. (3) However, if the appointed member is the nominee of a local government, the day mentioned in subsection (2) must be not later than 6 months after the day prescribed under the Local Government Act 1993 for holding the quadrennial election following the member’s appointment. ˙ Termination of membership of board 16.(1) A member of the board may resign office as such at any time, by writing furnished to the Minister. (2) The Governor in Council may remove from office, as such, a member of the board if— (a) the member is made bankrupt or otherwise takes advantage of the laws relating to bankruptcy; (b) in the opinion of the Governor in Council—

s 17 12 s 17 Gladstone Area Water Board Act 1984 (i) the member becomes incapable of discharging the duties of office; or (ii) the member is incompetent or unfit to hold office. (3) A member of the board shall be deemed to have vacated the member’s office— (a) in the event of the member’s resignation, upon receipt by the Minister of the notice of resignation; or (b) in the event of the member’s removal, upon issue by the Minister of notice of the removal; or (c) if, being a nominee of a local government on the board— (i) the nominee ceases to be a councillor of that local government otherwise than by defeat at an election of councillors of that local government or by failure to contest such an election; or (ii) the area of the local government of which the nominee is a councillor ceases to be within the operational area; or (iii) that local government has informed the Minister in writing that by its resolution it no longer desires the person in question to be its nominee on the board. ˙ Casual vacancy in membership of board 17.(1) A casual vacancy shall be taken to arise in the office of a member of the board— (a) if the member dies in office; or (b) if the member’s office becomes vacant as prescribed by section 16(3). (2) If a casual vacancy occurs in the office of a member of the board during the currency of the member’s term of appointment another person may be appointed to fill that office in accordance with section 14. (3) For the purpose of making an appointment to a casual vacancy in the office of a member of the board section 11 shall apply save that a request to be made by the chief executive for that purpose shall be made as soon as practicable after the vacancy occurs.

s 18 13 s 18 Gladstone Area Water Board Act 1984 (4) The term of appointment of a person appointed to fill a casual vacancy shall continue for as long as the term of appointment of the person’s predecessor would have continued had the casual vacancy not occurred. ˙ Delegate members of board 18.(1) A person may be nominated as a delegate member of the board to deputise for a member of the board. (1A) A nomination of a delegate member shall be of no effect unless— (a) the delegate member is nominated as prescribed by this section; and (b) the delegate member is a person qualified as prescribed to be nominated as a member of the board in the office of the member for whom the delegate member is to deputise. (2) The nomination of a delegate member— (a) shall, where it is for the purpose of 2 or more consecutive meetings of the board, be made by the local government or department that nominated such member of the board; and (b) may, in any other case, be made by the member for whom the delegate member is to deputise. (3) A nomination of a delegate member— (a) may be made only if the member for whom a delegate is sought will be absent from any meeting or meetings of the board because of illness or other unavoidable reason; (b) if it is to continue in effect for a period of 3 months or more—may be made only with the approval of the Minister first had and obtained. (4) For as long as the delegate member’s nomination as such continues in effect a delegate member shall be entitled to attend meetings of the board in the absence of the member for whom the delegate member is deputising and shall be deemed to be a member of the board. (5) A nomination of a person as a delegate member shall terminate and be of no further effect—

s 19 14 s 20 Gladstone Area Water Board Act 1984 (a) in the case of a nomination expressed to be for the purpose of any meeting or meetings of the board—upon the conclusion of that meeting or, as the case may be, the last of those meetings; (b) in the case of a nomination expressed to be for a period—upon the expiration of that period; (c) if the member for whom the delegate member is deputising dies or vacates office as prescribed by section 16; (d) upon the occurrence of any event that would cause the delegate member vacating office as a member were he or she a member of the board. ˙ Dissolution of local government 19.(1) This section applies if— (a) a local government’s nominees under section 10(a) or (b) have been appointed to the board; and (b) the local government is dissolved under the Local Government Act 1993 , section 113. 1 (2) On dissolution of the local government, the members of the board who are the local government’s nominees go out of office as board members. (3) The administrator of the local government and a nominee of the administrator approved by the Minister become the local government’s nominees on the board. † Division 3—Control of board’s affairs ˙ Deputy chairperson 20.(1) The board shall from time to time appoint one of its members to be deputy chairperson. 1 Local Government Act 1993 , section 113 (now see section 164) (Dissolution of local government)

s 21 15 s 21 Gladstone Area Water Board Act 1984 (2) An appointment to the office of deputy chairperson shall be made as soon as practicable after the appointment of members of the board being the whole number of persons duly nominated for appointment. (3) The deputy chairperson shall act in the office of chairperson during such time as the chairperson is prevented by absence, illness or otherwise from performing the duties of that office and during such time as a vacancy exists in that office, and while the deputy chairperson so acts, shall have and may exercise all the powers and authorities of the chairperson. † PART 4—FUNCTIONS AND POWERS OF THE BOARD † Division 1—General functions ˙ Functions 21.(1) The board’s functions are— (a) to conserve, store and supply untreated water in bulk to points determined by the board to— (i) local governments whose areas are within the operational area; and (ii) major consumers as defined in this Act within the operational area; (b) to conserve, store, treat and supply treated water in bulk to points determined by the board to— (i) local governments whose areas are within the operational area; and (ii) major consumers as defined in this Act within the operational area; (c) to conserve, store and supply with the prior approval of the Minister untreated water in bulk to points determined by the board

s 21 16 s 21 Gladstone Area Water Board Act 1984 to electricity generating authorities whether within the operational area or otherwise; (d) to sell to its consumers water in bulk, whether treated or untreated, and under such terms and conditions as the board considers proper; (e) to investigate and plan for such future headworks, treatment works and trunk mains as, in the board’s opinion, may be required to meet the requirements for the supply of water as a function of the board and to take all steps deemed by the board to be practicable to implement plans and schemes accepted for such headworks, treatment works and trunk mains; (f) to take all steps adjudged by the board to be necessary or desirable to ensure and maintain the quality and quantity of present and future supplies of water in the operational area; (g) to construct, operate and maintain and, where necessary, to improve or extend headworks, treatment works and trunk mains under the board’s control; (h) to provide such roads and communications, offices, stores, depots, houses and other accommodation as the board adjudges to be necessary to meet the requirements of its undertakings or any of them; (i) to administer and manage all property vested in the board; (j) to take such measures and to carry out such works as are incidental to the proper discharge of the aforesaid functions of the board; (k) to provide, operate, protect and maintain such recreational facilities as the board sees fit at headworks or on any other land or property owned by or under the control of the board and to enter into commercial ventures incidental to the operation of those recreational facilities and to let out to other persons the operation of those facilities or ventures. (2) The board may, with the approval of the Minister, supply water in bulk whether treated or untreated to points determined by the board to a part of the area of a local government whose area is outside the operational area or to a major consumer located outside the operational area.

s 22 17 s 25 Gladstone Area Water Board Act 1984 † Division 2—General powers ˙ Construction by board 22. The board may construct such headworks, trunk mains, treatment works and other works as it considers to be necessary for the purposes of this Act. ˙ General powers of board 23.(1) The board has all the powers of an individual and may, for example— (a) enter into contracts; and (b) acquire, hold, dispose of, and deal with, property; and (c) appoint agents and attorneys; and (d) fix charges and other terms for services and facilities it supplies; and (e) engage consultants. (2) Without limiting subsection (1), the board has the powers given to it under this or another Act. (3) The board may exercise its powers outside Queensland and outside Australia. (4) In this section— “power” includes legal capacity. ˙ Power of entry 25.(1) For the purpose of discharging any of its functions the board may provide such works as are necessary on, through, across, under or over any road and into, through, across, under or over any land within or outside the operational area. (2) For the purpose of discharging any of its functions the board, by its agents and servants, may at all reasonable times enter upon any land, structure or premises—

s 25 18 s 25 Gladstone Area Water Board Act 1984 (a) to carry any works into, through, across, under or over the land; (b) to undertake investigations and inspections, perform surveys, take levels, clear, excavate, dig and remove material on and from the land; (c) to execute any work in the structure or premises; (d) to ensure that the provisions of this Act or of the by-laws of the board are complied with. (3) A person who claims to have suffered damage resulting from an exercise of power under subsection (1) or (2) may apply for and be awarded compensation in accordance with subsections (3A) to (3C). (3A) Every application for compensation on account of such damage shall be made and dealt with in the manner prescribed by the Acquisition of Land Act 1967 in relation to applications for compensation made under that Act and the entitlement to such compensation (including right of appeal in respect thereof) and the assessment of such compensation shall be as prescribed by that Act in so far as the provisions of that Act are appropriate to a claim for compensation made on account of damage and subject always to the provisions of this section. (3B) Compensation that may be payable on a claim made on account of damage resulting from an exercise of power under subsection (1) or (2) may include compensation in respect of— (a) damage of a temporary nature as well as of a permanent nature; and (b) the taking of clay, earth, gravel, sand, timber, wood and other material; but shall not in any case exceed the amount that would have been payable under the Acquisition of Land Act 1967 had the land in question been taken by the board. (3C) Where at the time when an application is made for compensation on account of damage resulting from an exercise of power under subsection (1) or (2) the works for or in connection with which the power is exercised are not completed a member of the Land Court may, on the application of the board, order that the matter of the application for compensation be deferred until the works are completed or for a time limited in the order and thereupon no further proceeding shall be had on the application for

s 25 19 s 25 Gladstone Area Water Board Act 1984 compensation (save an application hereinafter in this subsection referred to) until the completion of the works or, as the case may be, the expiration of the time so limited unless a member of the Land Court on the application of the applicant for compensation otherwise orders. (4) Before an agent or servant of the board pursuant to a power conferred by this section enters a dwelling house or part of a dwelling house used exclusively for residential purposes, the agent or servant shall, save where he or she has the permission of the occupier or person in charge of that dwelling house or, as the case may be, part of a dwelling house to the entry, obtain from a justice a warrant to enter. (4A) In subsection (4), a dwelling house or part of premises used for residential purposes does not include the curtilage thereof. (4B) A justice who is satisfied upon the complaint of an agent or servant of the board that it is necessary for the purposes of this Act to enter premises may issue a warrant directed to the agent or servant to enter the place specified in the warrant for the purpose of exercising or performing therein the powers and duties conferred upon the agent or servant under this Act. (4C) A warrant shall be, for a period of 1 month from the date of its issue, sufficient authority for the agent or servant of the board and all persons acting in aid of the agent or servant to— (a) enter the place specified in the warrant; and (b) exercise and perform therein the powers and duties conferred upon the agent or servant by or under this Act. (4D) For the purposes of gaining entry to any place an agent or servant of the board may call to his or her aid such persons as the agent or servant thinks necessary and those persons, while acting in aid of an agent or servant of the board in the lawful exercise by the agent or servant of his or her power of entry, shall have a like power of entry. (5) Before an agent or servant of the board enters upon any land, structure or premises to carry out works, investigations or surveys the agent or servant shall, where practicable or save where the agent or servant has the permission of the occupier or person in charge of that land, structure or premises to the entry, give to the occupier not less than 7 days written notice

s 26 20 s 26 Gladstone Area Water Board Act 1984 of the agent’s or servant’s intention to enter to carry out such works, investigations or surveys. ˙ Interference with roads 26.(1) For the purposes of constructing, maintaining, repairing, altering or extending any main or installation in a road within or outside the operational area the board may open up and excavate such road but, in connection with the performance of such work, the board shall comply with this section. (2) Save in the case of work to be performed in an emergency the board shall give not less than 7 days notice in writing to the authority having the care and management of the road of its intention to perform the work in question. (2A) In the case of work to be performed in an emergency the work may proceed without the prescribed notice having been given but advice shall be given as soon as practicable to the authority referred to in subsection (2) that the work is in progress. (3) When the board has opened and excavated a road it shall— (a) with all convenient speed and as little interference to traffic as is practicable, complete the work for which it is opened and excavated and shall fill in the ground and reinstate and make good the parts so opened and excavated to as good a condition as before it was opened and excavated and shall carry away all rubbish occasioned by the work; and (b) at all times while the road is opened and excavated, cause the parts so opened and excavated to be fenced and guarded and a light sufficient for the warning of traffic to be set up and maintained against or near such parts every night during which the road is opened and excavated; and (c) keep the parts so opened and excavated in good repair for 3 months after reinstating and making good the same and for any further time not exceeding 12 months during which the soil opened and excavated continues to subside.

s 27 21 s 28 Gladstone Area Water Board Act 1984 ˙ Board may take over or acquire local government undertakings 27.(1) Subject to this Act, the board may following agreement with a local government— (a) assume from a local government control of any headworks, treatment works or trunk mains in the operational area; (b) acquire from a local government property used for or in connection with any headworks, treatment works or trunk mains in the operational area; (c) assume from a local government its liabilities and obligations had by it in connection with any headworks, treatment works or trunk mains in the operational area. (2) The powers conferred by subsection (1) do not extend to the assumption of control of headworks, treatment works and trunk mains, acquisition of property or assumption of liabilities or obligations of a local government that is not within the operational area of the board. ˙ Board to instigate exercise of powers under s 27 28.(1) For the purpose of exercising its powers under section 27 the board may, by notice in writing given to a local government, require the local government to enter into negotiations for— (a) the assumption of control by the board of headworks, treatment works or trunk mains described in the notice; and (b) the acquisition by the board of property described in the notice; and (c) the surrender to the board of books, documents, drawings, records and papers relating to such headworks or property. (2) Upon receipt of a notice referred to in subsection (1) the local government shall cause to be prepared schedules of the headworks, treatment works or trunk mains or property described in the notice and of property held by it in connection with the headworks, treatment works or trunk mains and of the liabilities and obligations had by it in relation to the headworks, treatment works or trunk mains or the property.

s 29 22 s 30 Gladstone Area Water Board Act 1984 (3) As soon as practicable after the preparation of the schedules referred to in subsection (2) the board and the local government shall, if possible, agree upon— (a) what headworks, treatment works or trunk mains shall be controlled by the board; and (b) what property, liabilities and obligations of the local government shall be acquired or assumed by the board; and (c) what books, documents, drawings, records and papers shall be surrendered by the local government to the board. ˙ No entitlement to compensation 29. Compensation shall not be payable— (a) to a local government on account of the board’s assuming control of headworks, treatment works or trunk mains of the local government or acquiring property of the local government in the exercise of a power under this Act; or (b) to the board on account of its assuming any liability or obligation of a local government in the exercise of a power under this Act; and the authority of the board to enter into negotiations for the purpose of exercising its powers under section 28 does not extend to its agreeing to pay or give or to its agreeing to receive or take that compensation. ˙ Procedure for taking over control 30.(1) Upon the board and a local government agreeing on the assumption by the board of control of headworks, treatment works or trunk mains of the local government they shall furnish to the Minister a joint notification that shall identify the headworks, treatment works or trunk mains concerned. (2) The Governor in Council may by regulation declare a date on and from which control of the headworks, treatment works or trunk mains therein specified shall be assumed by the board. (2A) A date declared pursuant to subsection (2) may be before or after the date of notification of the regulation in the gazette.

s 31 23 s 31 Gladstone Area Water Board Act 1984 (3) On and from the date so declared the board shall be responsible for the control, management and proper functioning of the headworks, treatment works and trunk mains so specified in the place of the local government concerned. ˙ Procedure for acquisition of property or assumption of liabilities 31.(1) Upon the board and a local government agreeing with respect to— (a) the property of the local government to be acquired by the board; or (b) the liabilities and obligations of the local government to be assumed by the board; they shall furnish to the Minister a joint notification that shall particularise in detail sufficient to enable its identification such property or, as the case may be, such liabilities and obligations. (2) The Governor in Council may by regulation declare a date on and from which— (a) the property therein specified shall be divested from the local government named therein and shall vest in the board; or (b) the liabilities and obligations therein specified shall be assumed by the board and shall cease to be liabilities or obligations of the local government named therein. (2A) A date declared pursuant to subsection (2) may be before or after the date of notification of the regulation in the gazette. (3) Upon and after the date so declared— (a) the estate, right, title and interest in and to the property so specified shall by force of the regulation be divested from the local government so named and be vested in the board; (b) the board shall by force of the regulation be liable in respect of each of the liabilities and obligations so specified and the local government so named shall by force of the regulation cease to be liable in respect thereof.

s 32 24 s 34 Gladstone Area Water Board Act 1984 ˙ Enforcement of existing claims 32. Subject to the express provisions of the regulation made in relation to a transfer of control or of property or of a liability or obligations from a local government to the board pursuant to section 30 or 31 such a transfer shall not prejudice the making or enforcement by the local government against any person or by any person against the local government of a claim liquidated or unliquidated that arose or was made before the date declared by regulation for such transfer to take effect. ˙ Presumed privity of contract 33. Where property (being a chose in action) or a liability or obligation transferred from a local government to the board pursuant to section 31 arises by reason of a contract made between the local government and any person then for the purpose of enforcing by or against the board such chose in action, liability or obligation it shall be deemed that such contract was made between the board and that person. ˙ Board to be aided in securing property 34.(1) Upon the request of the board, a local government that is divested of property pursuant to section 31— (a) shall surrender to the board or its agent such documents of title and documents evidencing ownership of the property as are in its possession or under its control; (b) shall duly complete all transfers of right, title or interest and other documents that are required by the board with a view to its being recorded in any registry as proprietor, lessee or owner of the property; (c) shall do all such acts and take all such steps as are required by the board with a view to securing the property to the board. (2) Where property vested in the board pursuant to section 31 consists of a chose in action the notification in the gazette of the relevant regulation shall be sufficient notice to all persons to the passing of the property.

s 35 25 s 36 Gladstone Area Water Board Act 1984 ˙ Prescribed enactments inapplicable to dealings under this Act 35.(1) No stamp duty or other fees shall be chargeable on the following documents— (a) a notification evidencing an agreement between a local government and the board prepared for the purpose of section 31; (b) an instrument made to evidence the passing of an estate or interest in land from a local government to the board pursuant to section 31 or to secure the transfer of a title to such land; (c) a document made in connection with the transfer of property, liability or obligation from a local government to the board pursuant to section 31. (2) The provisions of any Act or enactment that purport to restrict the capacity of a local government to enter into contracts do not apply in respect of the making of an agreement between a local government and the board with a view to the passing of property or the transfer of liabilities or obligations pursuant to section 31. ˙ Apportionment of liability 36. Where for the purposes of this Act it becomes necessary to apportion between a local government and the board any liability or obligation of the local government such apportionment may be made and shall be sought by way of agreement between the local government and the board but should such agreement not be attained the Governor in Council may declare the apportionment of that liability or obligation considered by the Governor in Council to be just and thereupon— (a) the portion of that liability or obligation to be assumed by the board shall be the portion so declared; and (b) if the case require it, it shall be deemed that such portion is particularised in a notification duly furnished pursuant to section 31 as the liability or obligation to be assumed by the board.

s 37 26 s 39 Gladstone Area Water Board Act 1984 ˙ Local government may take over or acquire board undertakings 37.(1) Subject to agreement between the board and a local government, a local government may take over or acquire board undertakings. (2) The procedure for a local government taking over or acquiring board undertakings shall with all necessary modifications and adaptations to ensure the effective operation of this Act be as provided in sections 27 to 36, as if a local government were taking over or acquiring board undertakings rather than the board taking over or acquiring local government undertakings as provided for. ˙ Delegation 38. The board may delegate its powers to a member of the board or an officer or employee of the board. † PART 5—SUPPLY AND USE OF WATER † Division 1—Control of water ˙ Board’s entitlement to water 39.(1) Subject to this section the board may take water from any headworks under its control or from any river, creek or stream, whether or not subject to tidal influence, in the operational area and for that purpose may construct, maintain, control and operate such headworks, treatment works and trunk mains as it considers necessary. (2) The board shall not take water pursuant to subsection (1) unless— (a) it does so with the consent of the Governor in Council first had and obtained and subject to and in accordance with the terms and conditions of such consent; or (b) where the consent of the Governor in Council has been obtained by a local government to its taking water and the local government’s entitlement to take such water has been divested

s 41 27 s 42 Gladstone Area Water Board Act 1984 from the local government and vested in the board pursuant to section 43, subject to and in accordance with the terms and conditions of that consent. ˙ Board to control water storage 41.(1) The board shall have control of the water in any storage utilised in the board’s undertaking and control of the use that may be made of the water therein from time to time. (2) The power of the board to control the extraction and use for rural, industrial, mining or domestic purposes of water from any storage in the board’s control shall be to the exclusion of any other person or authority. (3) The power of the board to control the use for any recreational purpose of water in any storage in the board’s control shall be additional to that of any other person or authority charged with control of such water. (4) Where a by-law of the board is inconsistent with a regulation, by-law or rule administered by any other person or authority in respect of the use of water in any storage in the board’s control the former shall prevail and the latter shall, to the extent of the inconsistency have no force or effect. ˙ Protection of board upon taking water 42. No action or other proceeding shall be commenced or maintained against the board or any other person on account of— (a) the construction, maintenance, control or operation of headworks, or any part thereof, for the purpose of taking water pursuant to this Act; (b) any alleged obstruction of any river, creek or stream by such headworks or any part thereof; (c) any deprivation of access to or diminution of the quantity of water in any river, creek or stream occasioned by the exercise by the board of a power conferred by section 39.

s 43 28 s 44 Gladstone Area Water Board Act 1984 ˙ Cessation of local government’s entitlement to water 43.(1) Upon the board assuming control of headworks upon rivers, creeks or streams the entitlement then had by a local government to take water from such headworks or downstream from such headworks shall thereupon be divested from the local government and vest in the board. (2) Save as is prescribed by subsection (1), neither this Act nor anything done under this Act shall affect the entitlement of a local government to take water from any river, creek or stream or other source of supply. ˙ Allocations of water 44.(1) Subject to this Act, the board may from time to time fix and declare an allocation of water to each local government, major consumer or electricity generating authority, to which it is empowered to supply water pursuant to this Act. (1A) Where an allocation of water has been fixed and declared the board may at any time, of its own motion, fix and declare afresh an allocation of water. (2) In the matter of— (a) fixing and declaring allocations of existing supplies of water from headworks under the control of the board; and (b) planning headworks to meet increasing requirements for supply of water for urban and industrial use; the board shall have regard to the need for water of the operational area as a whole and to all existing requirements for and commitment of water for urban and industrial use drawn from sources within the operational area or supplied within the operational area from sources outside the area. (3) The board may make the matter of fixing and declaring an allocation of water to a local government dependent upon that local government satisfying the board by means of an agreement or agreements made or to be made with 1 or more other local governments that it is or will be bound to convey and to continue to convey, through mains within its area, to such other local government or local governments, being in any case an authority to which an allocation of water has been or is to be fixed and declared by the

s 45 29 s 46 Gladstone Area Water Board Act 1984 board, a determinate part of the allocation to the firstmentioned local government. ˙ Exchange of information on water requirement 45.(1) Each local government, major consumer and electricity generating authority shall keep the board informed of— (a) anticipated requirements for water; and (b) all relevant facts concerning the proposed source of supply for such requirements for water and the anticipated dates when increased quantities of water to meet such requirements may be required. (2) The board shall from time to time inform each local government, major consumer and electricity generating authority of the likelihood of its requirements for water, as disclosed to the board, being met by the board. ˙ Solution of disputes between board and local government 46.(1) If a dispute arises between the board and a local government as to— (a) the quantity of water that will be allocated to the local government; or (b) the timing, source or other aspect of supply of water to the local government; either party may refer the matter in issue to the Minister who may cause to be made such investigations as the Minister considers necessary and who shall make such recommendations with respect thereto as the Minister thinks fit to the Governor in Council who shall determine the issue by regulation. (2) A determination of the Governor in Council pursuant to subsection (1) shall bind the board and the local government concerned, both of whom shall take all steps necessary to give effect to it.

s 47 30 s 49 Gladstone Area Water Board Act 1984 ˙ Board may assist local government in distributing and treating water 47. If the board’s assistance is sought by a local government in respect of the distribution or treatment of a supply of water within or through its area and within the operational area the board may provide such assistance on such terms and conditions as are agreed. † Division 2—Protection of water quality ˙ Regulation of use of catchment area 48.(1) For the purpose of protecting the quality of water stored or to be stored in a reservoir of which the board has assumed control or proposes to assume control or which it has constructed, is constructing or proposes to construct, the Governor in Council may make regulations pursuant to section 122 to regulate, control and prohibit— (a) the subdivision, use and management of use of land within a catchment area (as defined in the regulations) for such reservoir or within particular parts of such catchment area; and (b) the erection and use of buildings and structures on such land. (2) Subject to consultation first had between the Minister, the board and each local government whose area includes land that is included in or is proposed to be included in the catchment area (defined or to be defined in the regulations) regulations made pursuant to the power conferred by subsection (1) may prescribe guidelines to be observed by the local government to whom the regulatory provision is directed in respect of the preparation or amendment of a town planning scheme, the making of local laws and the implementation of a town planning scheme or local laws, which in any case affects or is likely to affect land within such catchment area. ˙ Effect of regulations under s 48 on powers etc. 49.(1) Subject to subsection (2), a power or authority had by the board, a local government or other person, independently of regulations referred to in section 48, to take steps to protect the quality of water stored or to be stored

s 50 31 s 51 Gladstone Area Water Board Act 1984 in any reservoir shall not be prejudiced by the conferring by section 48 of power to make regulations therein referred to or by such a regulation made. (2) If a regulation made pursuant to the power conferred by section 48 is inconsistent with the continued existence, wholly or in part, of a power or authority of a description referred to in subsection (1), other than a power or authority conferred by or under the Clean Waters Act 1971 , the regulation shall prevail and, to the extent of the inconsistency, such power or authority shall be taken not to exist. (3) Regulations made pursuant to the power conferred by section 48 shall bind the board, each local government whose area includes land to which the regulations relate and all other persons of a class that the regulations purport to bind. ˙ Effect of regulations under s 48 on rights 50.(1) If a regulation made pursuant to the power conferred by section 48 is inconsistent with the continued existence, wholly or in part, of a right or entitlement to use or develop land within the catchment area to which the regulation relates, had by any person at the time the regulation takes effect, the regulation shall prevail and, to the extent of the inconsistency, such right or entitlement shall be taken to have terminated upon the taking effect of the regulation. (2) A right or entitlement terminated under subsection (1) shall upon such termination and to the extent thereof, be converted into an entitlement to claim compensation in respect of injurious affection of an estate or interest in land as if the regulation were a lawful provision of a town planning scheme of the local government in whose area the land affected is situated. ˙ Effect of regulations on town planning applications 51.(1) Notwithstanding the provisions of any other Act or of any town planning scheme or local laws of a local government, which in any case affects land to which regulations made pursuant to the power conferred by section 48 relate, where application is made to a local government— (a) to amend its town planning scheme in a particular that affects such land; or

s 52 32 s 53 Gladstone Area Water Board Act 1984 (b) for its consent to the use of such land for a particular purpose; or (c) for a permit or licence to apply such land to a particular use; or (d) for its approval to a subdivision of such land; the local government shall observe the guidelines prescribed by such regulations. (2) Any approval, consent, permit or licence of a local government that is given in contravention of subsection (1) shall be of no force or effect. ˙ Board’s liability for certain injurious affection 52. Where a claim for compensation in respect of injurious affection of an estate or interest in land is made on a local government by reason of the existence of regulations made pursuant to the power conferred by section 48 or by reason of a decision or action of the local government taken in reliance on or obedience to such regulations and the local government is required or, with the prior approval in writing of the board, agrees to pay compensation to the claimant the amount of such compensation together with the amount of taxed costs (if any) shall be met by the board and, if the case requires it, shall be refunded by the board to the local government. † Division 3—Discontinuance or lessening of supply of water ˙ Board’s power over supply 53.(1) Where in the opinion of the board a breakdown of or damage, repairs, alterations or additions to the board’s headworks, treatment works, trunk mains, or drought or other natural occurrence, or an emergency of any description renders it necessary or expedient to discontinue or lessen the supply of water the board may, on such notice as it thinks fit or without notice, direct such discontinuance or lessening of supply for such period as it considers necessary or expedient. (2) It shall be lawful to give effect to a direction of the board given under this section.

s 54 33 s 56 Gladstone Area Water Board Act 1984 ˙ Manner of exercising s 53 power 54.(1) The board’s power to discontinue or lessen the supply of water under section 53 shall be exercised— (a) by resolution of the board; or (b) where the board has, by its resolution, delegated authority in that behalf to the chairperson or an officer of the board or to a committee of the board, by decision of the chairperson or that officer or, as the case may be, by resolution of that committee. (2) Notice of the exercise of power under section 53 shall be served forthwith on any 1 or more than 1 of the following whose supply of water is or is likely to be affected by the discontinuance or lessening of supply to which the notice relates— (a) a local government; (b) a major consumer; (c) an electricity generating authority. † PART 6—FINANCIAL PROVISIONS † Division 1—Power to charge for water ˙ Terms of water supply 55. The supply of water by the board to a local government, a major consumer or an electricity generating authority shall be made upon such terms, at such prices, with such guarantees and securities for payment, and generally upon such conditions as the board considers proper. † Division 2—Application of finance Acts ˙ Board is statutory body 56.(1) The board is a statutory body under the following Acts—

s 87 34 s 89 Gladstone Area Water Board Act 1984 (a) the Financial Administration and Audit Act 1977 ; (b) the Statutory Bodies Financial Arrangements Act 1982 . (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 . † Division 6—Special financial arrangements ˙ Board to recover charges and fees 87. The board may, in the exercise and performance of the functions authorised by this Act, make, levy demand and recover charges and fees relating to those functions. † PART 7—TAKING AND HOLDING LAND BY THE BOARD ˙ Freehold land 88. For the purpose of taking land granted in fee simple the board is a constructing authority within the meaning of the Acquisition of Land Act 1967 . ˙ Other land 89.(1) As well as land granted in fee simple the board as a constructing authority under the Acquisition of Land Act 1967 may take, for the purpose of discharging its functions under this Act, land that is held from the Crown for an estate or interest less than fee simple. (2) Land taken pursuant to subsection (1), if it is to vest in the board, shall be vested in the board for an estate in fee simple. (3) The Governor in Council is hereby authorised to grant in fee simple and vest in the board land taken pursuant to subsection (1) subject to such

s 90 35 s 92 Gladstone Area Water Board Act 1984 reservations and conditions as are authorised or required by the Land Act 1994 . ˙ Application of Acquisition of Land Act 1967 90. The Acquisition of Land Act 1967 shall apply in respect of every taking of land pursuant to section 89 and, if the case required it, in respect of the subsequent disposal of land so taken and shall be read with and subject to all such modifications and adaptations as are necessary to give operation and effect to section 89, including as respects the land in question, the reading of any reference therein to the registrar of titles as a reference to the person or authority charged with registering instruments evidencing title to an estate or interest in that land held from the Crown. ˙ Taking additional land upon severance 91.(1) If the board proposes to acquire (by agreement or by taking) any land and the acquisition of such land will sever it from other land of the owner that is used together with the land which it is proposed to acquire the board may, with the approval of the Minister and the consent of the owner first had and obtained, acquire (by agreement or by taking) the whole or part of that other land. (2) The acquisition of additional land pursuant to subsection (1) shall be deemed to be for a purpose incidental to the purpose for which the land firstmentioned in that subsection is proposed to be acquired. (3) The board may sell or otherwise deal with additional land acquired by it pursuant to subsection (1) in such manner as it thinks fit without restriction prescribed by any other Act. ˙ Acquisition of easements etc. 92.(1) The provisions of this part relating to acquisition of land shall apply in respect of the acquisition (by agreement or by taking) of an easement or other right in land. (2) An easement may be created in favour of the board that is not acquired for the benefit of other land as a dominant tenement. (2A) An easement that is acquired by the board, pursuant to the

s 94 36 s 94 Gladstone Area Water Board Act 1984 provisions of this Act, otherwise than by creation in favour of the board, shall be taken to be and always to have been validly created notwithstanding that the easement was not acquired, whether by the board, or by any previous grantee who has subsequently transferred an easement to the board, for the benefit of other land as a dominant tenement. (2B) The registrar of titles is authorised to accept and register an easement of either or both of the classes of easements referred to in subsections (2) and (2A) lodged with the registrar and drawn in a form acceptable to the registrar. (3) An easement of either of the classes of easements referred to in subsections (2) and (2A) created in favour of or acquired by the board pursuant to the provisions of the repealed Act or the repealed order in council, that is valid in all other respects, shall not be held to be invalid solely by reason of the fact that the easement was not acquired, whether by the board or by any previous grantee who has subsequently transferred an easement to the board, for the benefit of other land as a dominant tenement. (4) The registrar of titles is authorised to accept and register an easement of either or both of the classes referred to in subsection (3) lodged with the registrar in a form acceptable to the registrar. † PART 8—CONDUCT OF THE BOARD’S AFFAIRS † Division 1—Proceedings and business of board ˙ Meetings of board 94.(1) The first meeting of the board shall be held at a time and place appointed by the Minister and thereafter meetings shall be held at the times and places nominated when such meetings are called. (2) Meetings of the board other than the first such meeting shall be called by the chairperson or, in the chairperson’s absence, the deputy chairperson or, in the absence of both of them, any 2 members of the board.

s 95 37 s 98 Gladstone Area Water Board Act 1984 ˙ Presiding at meetings 95.(1) The chairperson shall preside at each meeting of the board at which the chairperson is present and the deputy chairperson, if the deputy chairperson is present, shall preside at any meeting of the board at which the chairperson is not present or if at any time there is no chairperson. (2) If both the chairperson and deputy chairperson are absent from any meeting of the board the members who are present, if they constitute a quorum, may appoint one of their number to act as chairperson of the meeting and such appointee may preside at the meeting and exercise the powers of the chairperson. ˙ Quorum at meetings 96. A quorum of the board shall consist of a majority of the number of members for the time being holding office. ˙ Notice of meetings 97.(1) A notice of a meeting or an adjourned meeting of the board (other than of a meeting adjourned to a later hour of the day on which such meeting was held or appointed to be held or to the first day or second day following that day) shall be in writing and shall be delivered or sent by post otherwise to each member at the member’s usual place of business or of residence last known to the manager 3 days at least prior to the meeting. (2) If in the opinion of the chairperson an emergency exists the chairperson may call a meeting of the board and the same may be validly held notwithstanding that subsection (1) is not or can not be complied with. ˙ Adjournment of meetings 98.(1) The members present at a meeting of the board may adjourn the meeting from time to time. (2) If a quorum is not present at a meeting within 30 minutes after the time appointed for the meeting to commence the member or members present or the majority of them if more than 2 are present, or the chairperson if the members present are equally divided on the issue, may

s 99 38 s 99 Gladstone Area Water Board Act 1984 adjourn such meeting to any time not later than 14 days from the date of such adjournment. (3) No provision of subsection (2) shall be construed to prevent the adjournment of a meeting to a later hour of the same day on which such meeting was appointed to be held. ˙ Conduct of board’s affairs 99.(1) The board shall exercise or perform a power, function or duty by majority vote of the members present and voting at a duly convened meeting of the board. (1A) A member who, being present at a meeting and entitled to vote, abstains from voting shall be deemed to have voted in the negative. (1B) The person who is duly presiding at a meeting, if the person is entitled to vote, shall have a deliberative vote and, in the event of any equality of votes, a casting vote. (2) The board shall cause to be recorded in a book provided for the purpose (the “minute book” ) and kept by the manager under the superintendence of the chairperson— (a) particulars of all proceedings of the board; and (b) the names of the members present at each meeting of the board. (2A) The minutes of each meeting shall be signed after confirmation of the board by the chairperson at the meeting next succeeding the meeting at which such proceedings have taken place. (3) Every entry in a book kept by the manager purporting to relate to the proceedings of the board and to be signed by the chairperson and a certified copy of an extract from such an entry sealed with the seal of the board and signed by the chairperson and manager shall upon its production in any proceeding be received as evidence of the proceedings appearing by such entry to have been taken without proof of the due convening or holding of the meeting to which the entry relates, or of the membership of the board of the persons attending the meeting, or of the signatures of the chairperson or manager.

s 100 39 Gladstone Area Water Board Act 1984 s 100 (4) The board may, from time to time— (a) appoint, out of its number, committees, either for general or special purposes; (b) delegate to a committee power to do any act or hold any inquiry or refer to a committee any matter for the purpose of receiving its advice or recommendations thereon; (c) fix the quorum of a committee. (5) Every committee may, from time to time, appoint one of its members to be chairperson and shall report to the board. (6) A committee may meet from time to time and may adjourn from place to place as it thinks proper, but no business shall be transacted at any meeting of the committee unless the quorum of members (if any) fixed by the board or, if no quorum is fixed, 2 members at least, are present. (7) At all meetings of a committee, if its chairperson is not present, one of its members present shall be appointed chairperson of the committee during the absence of its chairperson. (8) All questions at any meeting shall be determined by a majority of the votes of the members present, including the chairperson of the meeting who, if the numbers are equally divided, shall have a second or casting vote. ˙ Validity of proceedings 100. An act, proceeding or agreement of the board shall not be invalidated or in any way prejudiced by reason only of the fact that at the time such act was done, proceeding taken or agreement made there were vacancies in the membership of the board not exceeding one-half of the total number of members for the time being required to constitute the board or that all the members for the time being holding office were not present at the meeting at which such act or proceeding or the making of such agreement was done or authorised or that there was a defect in the membership or appointment of any 1 or more of the members who joined in doing such act or taking such proceeding or making such agreement or in authorising such act, proceeding or agreement or of any combination of such facts.

s 101 40 Gladstone Area Water Board Act 1984 s 101 ˙ Disability on participation in business of board 101.(1) If a member of the board has any pecuniary interest, direct or indirect, in an agreement or proposed agreement or other matter and is present at a meeting of the board at which the agreement or proposed agreement or other matter is to be considered the member shall at the meeting and before the agreement, proposed agreement or matter is considered, disclose the fact of the member’s interest, and shall not participate in the consideration of or vote on any question with respect to the agreement, proposed agreement or other matter. (1A) Subsection (1) does not apply to an interest which a member may have in common with the public or as a councillor of the local government that nominated the member for appointment to the board or as a nominee of a government department represented on the board. (2) For the purposes of this section a person shall be taken to have an indirect pecuniary interest in an agreement or a proposed agreement or other matter if— (a) the person or a nominee of the person is a member of a body corporate with which the agreement is made or proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or (b) the person is a partner or an employee of a person with whom the agreement is made or proposed to be made or who has a direct pecuniary interest in the other matter under consideration. (2A) In the case of spouses living together the interest of 1 spouse shall, if it is known to the other, be deemed for the purposes of subsection (2) to be also the interest of that other spouse. (2B) For the purposes of this section a person shall not be taken to have a pecuniary interest in an agreement or a proposed agreement or other matter by reason only of the person’s membership of or employment under a public body concerned with the agreement, proposed agreement or other matter. (3) The manager shall record in a book to be kept for the purpose particulars of every disclosure of interest made at a meeting of the board and referred to in subsection (1) and the book shall be open at all reasonable times to inspection by any member.

s 102 41 Gladstone Area Water Board Act 1984 s 103 (4) The Minister, subject to such conditions as the Minister thinks fit to impose, may remove from 1 or more members of the board a disability imposed by this section whenever the number of members so disabled at any time would in the Minister’s opinion be such as to impede the conduct of business of the board, or if, in any other case, it appears to the Minister desirable that the disability should be removed. (5) The board may by its resolution exclude any member from a meeting whilst any agreement, proposed agreement or other matter in which the member has an interest such as is referred to in subsection (1) is under consideration. (6) A member of the board who has a pecuniary interest in an agreement, proposed agreement or other matter as prescribed by this section and who fails to comply with subsection (1) forfeits office as a member unless the member proves that the member did not know of the pecuniary interest at the time that the agreement, proposed agreement or other matter was the subject for consideration at the meeting in question of the board. † Division 2—Remuneration fees and expenses ˙ Chairperson’s remuneration 102. The person who holds the office of chairperson unless the person be a public servant may be paid such remuneration by way of an annual allowance as the Governor in Council on the recommendation of the Minister may determine. ˙ Remuneration of other board members 103. Each member of the board shall be paid for attending meetings of the board and meetings of committees appointed by the board and performing at the direction of the board inspections or other duties as a member of the board, such fees and allowances as the Governor in Council may from time to time determine save that a member of the board who is an officer of the public service shall not receive fees or allowances for attendance at a meeting of the board during the officer’s ordinary hours of duty.

s 104 42 Gladstone Area Water Board Act 1984 s 106 ˙ Expenses 104.(1) Every member of the board shall be paid expenses on account of the member attending meetings of the board and meetings of committees appointed by the board and, subject to the member obtaining the board’s approval before entering upon such performance, on account of the performance by the member of any duty as a member of the board. (2) The expenses referred to in subsection (1) shall be in such amount or calculated at such rate or on such basis as the Governor in Council from time to time determines. ˙ Other fees etc. not payable 105. A member of the board is not entitled to remuneration, fees or expenses as a member save as are provided for by this division. ˙ Insurance of members 106.(1) The board may from time to time— (a) enter into contracts of insurance in respect of its members; or (b) otherwise provide for the insurance of its members by means of contracts of insurance; with an insurer carrying on general insurance business in Queensland so as to provide for the insurance of members of the board against personal injury, whether fatal or not, arising out of or in the course of the carrying out by such members of any business of the board or the performance by such members of any function in their capacity as members of the board. (2) In respect of any contract of insurance referred to in subsection (1), the board shall be deemed to have an insurable interest. (3) Any sum appropriated by the board for the insurance of any person insured under the provisions of this section, or any sum received by the board under any contract of insurance referred to in subsection (1), after deducting therefrom any expenses incurred in the recovery thereof, shall be paid by it to, or to the personal representatives of, the person in respect of whom the sum was appropriated or received.

s 107 43 Gladstone Area Water Board Act 1984 s 107 (4) Every contract of insurance referred to in subsection (1) shall, as far as practicable, provide at least the same benefits for persons insured thereunder as are provided in the case of workers under the WorkCover Queensland Act 1996 . (5) All expenditure by the board in respect of any contract of insurance under this section shall be deemed to be expenditure in respect of the management of the board. (6) Notwithstanding anything contained in this Act, a person shall not by reason of the person being insured under this section be disqualified from taking part, at any meeting of the board, in the discussion of or voting on any matter relating to the insurance of members of the board under this section, not being a claim made by the person or on the person’s behalf. (7) No matter or thing done and no contract entered into by the board, and no matter or thing done by any member, officer or any person acting under the direction of the board shall, if the matter or thing was done or the contract was entered into bona fide and without negligence for the purpose of executing any power, function or duty of the board under this Act, subject any member of the board or any such officer or person to any personal liability in respect thereof and any expense incurred by any member, officer, or any person acting as last aforesaid shall be deemed to be an expense of the board. † Division 3—Employees of board ˙ Employment of staff 107.(1) The board shall appoint a manager and such number of employees as it considers sufficient to enable it to properly perform its functions under this Act. (2) Subject to any applicable industrial award or agreement, an employee of the board shall be paid a salary or wage at such rate and shall be employed on such terms and conditions as the board determines.

s 108 44 Gladstone Area Water Board Act 1984 s 110 ˙ Staff and employees of board 108.(1) Upon the day of commencement of this Act all persons then employed by the board shall continue their employment with the board preserved, continued in existence and constituted hereunder on terms and conditions of employment at least equal to the terms and conditions previously enjoyed by those persons as employees of the board without loss of accrued leave rights or superannuation rights. (2) All persons employed by the board pursuant to subsection (1) shall be subject to the by-laws and general governance of the board in relation to their employment. ˙ Staff of works controlled by board 109.(1) Where the board assumes control of any headworks, treatment works or trunk mains of a local government it shall, save in a case where it covenants with the local government that the local government shall continue to operate the headworks, treatment works or trunk mains on its behalf and where that covenant continues to be performed, offer to all persons ordinarily employed by the local government on a full-time basis in and about the management, operation and maintenance of such headworks, treatment works or trunk mains to continue their employment thereon upon such duties as are determined by or on behalf of the board but otherwise on terms and conditions of employment at least equal to the terms and conditions enjoyed by those persons as employees of the local government. (2) All persons who accept the board’s offer made pursuant to subsection (1) within 2 months after the making of the offer shall be employed by the board and thereafter shall be subject to the by-laws and general governance of the board in relation to their employment. ˙ Employees of local government prejudiced by board’s control of works 110.(1) If by reason of the board’s assumption of control of any headworks, treatment works or trunk mains of a local government persons then employed by the local government other than those taken into the board’s employment pursuant to section 109 can not, in the opinion of the local government, be gainfully employed by it the board and the local

s 111 45 Gladstone Area Water Board Act 1984 s 112 government shall agree with respect to the employment of such persons on terms and conditions of employment at least equal to the terms and conditions of employment enjoyed by them as employees of the local government. (2) Where pursuant to an agreement made under subsection (1) an offer of employment by the board is made to any person who accepts the offer within 2 months after it is made to the person such person shall be employed by the board upon such duties as are determined by or on behalf of the board and thereafter shall be subject to the by-laws and general governance of the board in relation to the person’s employment. ˙ Employment details to be furnished to board 111. During negotiations between the board and a local government with a view to the assumption of control by the board of the local government’s headworks, treatment works or trunk mains the local government shall cause to be collated and furnished to the board full and accurate information as to its employees ordinarily employed on a full-time basis in and about the management, operation and maintenance of the headworks, treatment works or trunk mains and as to its employees likely to be prejudiced by reason of the assumption of control together with full and accurate details as to the terms and conditions of their employment by the local government. ˙ Retention of accrued leave rights by board’s employees 112. A person who immediately prior to becoming an employee of the board was an officer or an employee of a local government taken into the board’s employment pursuant to sections 109 and 110 shall, upon and by virtue of becoming an employee of the board cease to be such an officer or employee of the local government but nevertheless for as long as the person continues in the board’s employment in a permanent capacity shall retain and may claim against the board in respect of all entitlements as respects leave that have accrued or are accruing to the person as an officer or an employee of the local government at the time when the person becomes an employee of the board and for this purpose the person’s service as an employee of the board and the person’s service in employment terminated by becoming an employee of the board shall be deemed to be continuous service as an employee of the board.

s 113 46 Gladstone Area Water Board Act 1984 s 114 ˙ Retention of superannuation rights by board’s employees 113.(1) A person who becomes pursuant to sections 109 and 110 an employee of the board in a permanent capacity at any time and immediately prior to becoming such an employee is a contributor to a superannuation fund, superannuation scheme or provident fund as an employee of a local government, shall, for as long as the person remains such a contributor— (a) retain all entitlements which at the time when the person becomes an employee of the board have accrued or are accruing to the person as a contributor to the superannuation fund, superannuation scheme or provident fund, as the case may be; and (b) continue to contribute to the fund or scheme to which the person was contributing at the time when the person became an employee of the board and shall be entitled to receive therefrom in respect of himself or herself, his or her spouse and any child of his or hers as if the person had remained an employee of the local government by which the person was employed immediately prior to becoming an employee of the board, and if the case requires it as if the person’s service as an employee of the local government and the person’s service as an employee of the board were continuous service as an employee of the local government. (2) To facilitate the payment of contributions to any superannuation fund, superannuation scheme or provident fund by employees referred to in subsection (1) the board is hereby authorised to deduct from the weekly, fortnightly or other periodic salary or wage of such an employee an amount sufficient to meet the employee’s contribution to that fund, scheme or provident fund and to remit such amount to the proper person authorised to receive contributions on behalf of that fund, scheme or provident fund. ˙ Board to contribute as employer 114.(1) In respect of an employee of the board who pursuant to section 113 contributes to a superannuation fund, superannuation scheme or provident fund as set out therein the board shall pay to that scheme or fund such sums as would have been payable by the local government concerned by way of contribution to the scheme or fund had the contributor been an

s 115 47 Gladstone Area Water Board Act 1984 s 116 employee of the local government and had been paid salary or wages at the rate paid to the employee at the material time by the board. (2) Moneys payable by the board under this section to any superannuation fund, superannuation scheme or provident fund and unpaid may be recovered by action in a court of competent jurisdiction by the trustees or managers of the scheme or fund in question respectively as a debt due to, as the case may be, those trustees or managers. ˙ Superannuation schemes 115.(1) The board may— (a) establish or amend superannuation schemes; or (b) join in establishing or amending superannuation schemes; or (c) take part in superannuation schemes. (2) An employee of the board who continues to be a contributor to a superannuation or provident scheme mentioned in section 113 is not required to become a contributor to a scheme mentioned in subsection (1). † PART 9—MISCELLANEOUS PROVISIONS ˙ Board’s existence to be reviewed 116.(1) Within 1 year from the date (inclusive of that date) on which the cumulative deficit is eliminated, the board shall submit to the Minister a recommendation— (a) that the board shall continue to discharge its functions and exercise its powers in accordance with this Act; or (b) that the board should be dissolved and that for the purpose of exercising or performing the functions of local government in the operational area, there be constituted a joint local government pursuant to the provisions of the Local Government Act 1993 .

s 117 48 Gladstone Area Water Board Act 1984 s 118 (2) Upon receipt of a recommendation made pursuant to this section, the Minister shall submit the recommendation to the Governor in Council for determination. (3) For the purposes of this section— “cumulative deficit” means the amount formed by the successive addition of each year’s deficit. “deficit” means the amount in each year by which the total of the disbursements in the board’s operating fund exceeds the total of the receipts in that fund. ˙ Board not liable for short supply 117.(1) The board is not liable to any penalty or damages on account of a failure to supply water or a restricted supply of water if such failure or restriction is by reason of a lessening of supply by the board pursuant to section 53. (2) The board shall not be obliged to supply or be compelled to supply water to any local government or major consumer or electricity generating authority at an hourly, daily or other periodic rate greater than is determined from time to time by the board as the maximum allocation or rate of supply that can prudently be made available to the local government or major consumer or electricity generating authority and advised to that local government or major consumer or electricity generating authority. ˙ Extent of liability for escape of water 118. The board, a local government operating works on behalf of the board or any contractor of the board shall not be liable, absolutely or vicariously— (a) for flooding or sending water upon any land by reason of works performed by or for it or them, as the case may be; or (b) for escape of water from headworks, treatment works or trunk mains under its or their control or from works being performed by or for it or them, as the case may be; unless it be shown that the flooding, sending of water or escape is due to or arose out of the negligence of the board or its servants or by a local

s 119 49 Gladstone Area Water Board Act 1984 s 122 government operating works on behalf of the board or its servants or a contractor of the board or its servants in the construction, maintenance, control or management of the works, headworks, treatment works or trunk main or mains in question or of the flow of water therein. ˙ Obstruction of board’s agents 119. A person who obstructs or attempts to obstruct the board or any agent of the board in the performance of a function or the exercise of a power of the board commits an offence against this Act. ˙ Assault on board’s agents 120. A person who assaults or intimidates or attempts to assault or intimidate any agent of the board while the agent is exercising a power or performing a duty under or for the purposes of this Act commits an offence against this Act. ˙ Interference with board’s property 121. A person who takes down, removes or alters the position of any barricade erected by or on behalf of the board or extinguishes or moves any light placed by the board or on its behalf save under the authority of the board or damages any property of the board commits an offence against this Act. ˙ Regulations 122.(1) The Governor in Council may make regulations under this Act. (2) A regulation may be made with respect to the management and use of catchment areas and reservoirs. (3) A regulation may provide that contravention of a regulation is an offence and prescribe a maximum penalty, of not more than 20 penalty units, for the offence.

s 123 50 Gladstone Area Water Board Act 1984 s 123 ˙ By-laws 123.(1) The board, with the approval of the Governor in Council, may make by-laws under this Act. (2) A by-law may be made with respect to the following matters— (a) all matters and things necessary for the proper construction, maintenance, operation and control of its headworks, treatment works, trunk mains, works and undertakings; (b) supply of water from its headworks treatment works and trunk mains; (c) taking and use of water in its control; (d) the use, good management and preservation of land owned by or in the control of the board; (e) recreational use of reservoirs and land owned by or in the control of the board and of the waters therein or thereon; (f) protection of its property from trespass and damage; access of the public to specified parts of the board’s property and undertakings; (g) preservation of water in its control from pollution in any form and of banks of reservoirs from erosion; (h) the manner in which functions, powers and duties shall be discharged, exercised and performed by it or by any person for the purposes of this Act; (i) procedure and conduct of business at its meetings; custody and use of the common seal of the board; (j) fees payable to it and the matters in respect of which such fees are payable; (k) matters that under this Act may be prescribed by by-laws of the board; (l) all matters that in its opinion are necessary or desirable for the proper and efficient performance of its functions. (3) A by-law may provide for the recoupment to the board of expenses incurred by it in doing work—

s 124 51 Gladstone Area Water Board Act 1984 s 124 (a) required by the by-laws to be done where the person so required has failed to do the work; or (b) required to be done to remedy any damage occasioned by a breach of the by-laws; by the person who has failed to do the work, or, as the case may be, has breached the by-laws. (4) A by-law may provide that contravention of a by-law is an offence and prescribe a maximum penalty, of not more than 20 penalty units, for the offence. ˙ Manner of making by-laws 124.(1) Every resolution making a by-law shall be passed at a special meeting of the board called for the purpose. (2) After the passing of a resolution making a by-law a copy of the by-law shall be kept available for public inspection at the board’s office until the expiration of the time specified in accordance with subsection (3). (3) As soon as practicable after the passing of a resolution making a by-law the board shall cause to be published at least once in a newspaper that circulates generally within the operational area of the board a notice— (a) of the general purport of the by-law; (b) that a copy of the by-law is available for inspection by any person at the board’s office up to and including a date specified in the notice being a date not less than 21 days after the publication or, if the notice is published more than once, after the first publication of the notice in the newspaper; (c) that a copy of the by-law may be procured from the board on or before the date so specified upon payment of a sum fixed by resolution of the board but not exceeding the cost of printing or otherwise reproducing the copy, which sum shall be specified in the notice; (d) that objections to the making of the by-law may be lodged with the board at its office on or before the date so specified and that any such objection shall be in writing and shall state the grounds

s 124 52 Gladstone Area Water Board Act 1984 s 124 of objection and the facts and circumstances relied on by the objector in support of those grounds. (4) A person— (a) who wishes to object to the making of a by-law may do so by lodging the objection at the board’s office in accordance with the notice published under subsection (3) and not otherwise; (b) is entitled to procure from the board a copy of a by-law kept available for public inspection at the board’s office upon tender of the sum specified for that purpose in the notice published under subsection (3). (5) The board shall consider every objection duly made to the making of a by-law and if thereupon it resolves to proceed with the making of the by-law it shall cause to be forwarded to the Minister for submission to the Governor in Council— (a) a copy of the board’s resolution to make the by-law; (b) a copy of the by-law proposed to be made; (c) a copy of the notice published under subsection (3); (d) all objections duly made to the making of the by-law; (e) the representations of the board in respect of all such objections; (f) a certificate under the hand of the chairperson and manager that the requirements of this section have been complied with in connection with the making of the by-law in question. (6) The Governor in Council may approve or reject a by-law of the board submitted for approval or may approve of the by-law subject to such amendments as the Governor in Council thinks fit having regard to the objects of the by-law and of the objections to the by-law and representations of the board in respect of the objections. (7) Where the requirements of this section have been complied with in connection with the making of a by-law that is approved by the Governor in Council subject to amendments it shall be deemed that the by-law as so amended is the by-law duly made by the board.

s 127 53 Gladstone Area Water Board Act 1984 s 127 ˙ Intervention in board’s affairs 127.(1) The Governor in Council may, by regulation— (a) repeal a by-law or any part of a by-law of the board; (b) suspend or rescind any resolution or order of the board; (c) prohibit the expenditure of money from any fund of the board upon work that the Governor in Council considers unnecessary or which, in the Governor in Council’s opinion, will impose undue burden upon the inhabitants of or major consumers within the operational area or electricity generating authority whether within the operational area or otherwise of the board. (1A) The repeal of a by-law or part of a by-law by the Governor in Council under subsection (1)(a) does not limit any other way of repealing the by-law or part of the by-law. (2) A resolution of the board rescinded by the Governor in Council shall be taken to be void ab initio unless the Governor in Council specifies a later date for that purpose, in which case the resolution shall be taken to be void on and from that specified date. (2A) Upon the coming into effect of a rescission of a resolution of the board— (a) the making by or on behalf of the board of a contract; or (b) the acceptance by or on behalf of the board of a tender; or (c) the doing by or on behalf of the board of any act or thing; pursuant to or allegedly pursuant to authority conferred by such resolution shall be void— (d) on and from the date specified by the Governor in Council as the date on and from which such resolution shall be void; or (e) ab initio, where no such date is specified by the Governor in Council. (3) Where any contract, acceptance, act or thing becomes void ab initio pursuant to subsection (2A), no action, claim or demand shall lie or be made or allowed against the board or any member, servant or agent of the board for or in respect of any damage, loss or injury sustained or alleged to have been sustained or for or in respect of any other right or remedy

s 129 54 Gladstone Area Water Board Act 1984 s 130 conferred or alleged to have been conferred by reason of the making of the contract or the acceptance or the doing of the act or thing. (4) Where a contract becomes void ab initio pursuant to subsection (2A), if a party to the contract (other than the board) satisfies the Governor in Council that— (a) the party entered into the contract in good faith; and (b) prior to the rescission by the Governor in Council of the resolution that authorised the making by the board of the contract, the party had incurred expense in or for the purpose of performing the contract; the Governor in Council may, in writing, direct the board to pay to that party the amount of such expense and the board shall comply in all respects with such direction. (5) An amount so directed to be paid and unpaid shall constitute a debt due and owing by the board to the party concerned. ˙ Proof of board’s documents 129.(1) A document purporting to be issued or made by or under the direction of the board and signed by the chairperson or the manager shall be admitted in evidence in all courts and proceedings and shall be deemed to be issued or made by or under the direction of the board until the contrary is proved. (2) Evidence of a by-law made by the board may be given— (a) by production of the gazette purporting to contain it; or (b) by production of a document purporting to be a copy of it and to be printed by the government printer or by the authority of the Government of the State. ˙ Search of titles without fee 130. The registrar of titles and every mining registrar shall permit the manager or other authorised agent of the board to make, free of charge, searches of, copies of and extracts from any book, plan or document in the

s 131 55 Gladstone Area Water Board Act 1984 s 133 registrar’s charge that relates to the registration of land in the operational area of the board. ˙ Returns to the Minister 131.(1) The Minister may from time to time request the board to furnish the Minister with its report on such matters as the Minister nominates and may fix a reasonable time within which the return is to be furnished. (2) Where a return is furnished pursuant to the Minister’s request made under subsection (1) a person appointed for the purpose by the Minister shall at any time have access to all records of the board and may examine the same with a view to verifying the accuracy of the return. (3) If the board refuses or fails to furnish a return in compliance in all respects with the Minister’s request or furnishes a return that is false in a material particular the board and each person who is privy to such refusal, failure or the making of the false return is liable to a maximum penalty of 2 penalty units. (4) A person who obstructs or hinders any person referred to in subsection (2) in the exercise of the person’s powers under that subsection commits an offence against this Act. Maximum penalty—2 penalty units. ˙ Offence provision 133.(1) A person who contravenes or fails to comply with any provision of this Act commits an offence against this Act. (2) A person who— (a) commits an offence against this Act; or (b) contravenes or fails to comply with any provision of the board’s by-laws; may be prosecuted in respect thereof in a summary way under the Justices Act 1886 and, save where another penalty is specifically provided by this Act, is liable to a maximum penalty of 20 penalty units.

s 134 56 Gladstone Area Water Board Act 1984 s 135 ˙ Control of money and property 134.(1) Whenever it appears to or comes to the knowledge of the board that, arising from a cause which could constitute an offence under the Criminal Code or any other Act or law, there is— (a) a loss of or deficiency in any moneys of or under the control of the board; or (b) a loss of, destruction of or damage to property of or under the control of the board; the board shall forthwith give notice thereof to the auditor-general and to a police officer appointed to be in charge of the police station established at, or nearest to, the locality where the money or property was lost, deficient, destroyed or, as the case may be, damaged. (2) The board shall not— (a) abstain from, discontinue or delay a prosecution for an offence under the laws of the State in relation to any money or property of or received by the board which is or appears to be stolen or wilfully destroyed or damaged; (b) withhold or promise to withhold or delay any evidence for the purposes of such prosecution. ˙ Appropriation of penalties 135. Unless otherwise expressly provided by this Act, all penalties under this Act recovered by the board or by a person authorised by the board for that purpose shall be paid to the board.

57 Gladstone Area Water Board Act 1984 † ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 ´ 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 9 December 1999. Future amendments of the Gladstone Area Water Board Act 1984 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 ´ AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om p para prec pres = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended amendment chapter definition division expires/expired gazette heading inserted lapsed notified order in council omitted page paragraph preceding present prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = = previous previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered

58 Gladstone Area Water Board Act 1984 ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 to Act No. 58 of 1995 15 January 1996 1A to Act No. 75 of 1996 28 July 1997 2 to Act No. 75 of 1996 21 January 1998 2A to Act No. 48 of 1998 12 February 1999 ´ 5 Tables in earlier reprints TABLES IN EARLIER REPRINTS Name of table Changed citations and remade laws Changed names and titles Obsolete and redundant provisions Renumbered provisions Reprint No. 1 1 1 1 ´ 6 List of legislation Gladstone Area Water Board Act 1984 No. 113 date of assent 18 December 1984 ss 1–2 commenced on date of assent (see s 2(1)) ss 10–12 commenced 11 May 1985 (proc pubd gaz 11 May 1985 p 681) remaining provisions commenced 1 July 1985 (proc pubd gaz 29 June 1985 p 1571) as amended by— Acts Amendment and Construction Act 1988 No. 47 s 10 sch 2 date of assent 12 May 1988 commenced on date of assent Public Service (Administrative Arrangements) Act (No. 2) 1990 No. 80 s 3 sch 7 date of assent 14 November 1990 commenced on date of assent Statute Law (Miscellaneous Provisions) Act 1990 No. 88 s 3 sch date of assent 6 December 1990 commenced on date of assent (see s 2) Primary Industries Corporation Act 1992 No. 15 ss 1–2, 13 sch date of assent 13 May 1992

59 Gladstone Area Water Board Act 1984 ss 1–2 commenced on date of assent remaining provisions commenced 30 September 1992 (1992 SL No. 271) Local Government Act 1993 No. 70 pts 1, 3 date of assent 7 December 1993 commenced 26 March 1994 (see s 2(5)) Statute Law (Miscellaneous Provisions) Act 1994 No. 15 ss 1–2, 3 sch 1 date of assent 10 May 1994 commenced on date of assent Statutory Authorities Superannuation Legislation Amendment Act 1995 No. 36 pt 1, s 9 sch 2 date of assent 16 June 1995 commenced on date of assent Statute Law Revision Act (No. 2) 1995 No. 58 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent Statutory Bodies Financial Arrangements Amendment Act 1996 No. 54 ss 1–2, 9 sch date of assent 20 November 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 June 1997 (1997 SL No. 128) WorkCover Queensland Act 1996 No. 75 ss 1–2, 535 sch 2 date of assent 12 December 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 1997 (1996 SL No. 442) Valuation of Land and Other Legislation Amendment Act 1998 No. 48 pt 1 s 17 sch date of assent 27 November 1998 ss 1–2 commenced on date of assent remaining provisions commenced 18 December 1998 (1998 SL No. 364) Local Government and Other Legislation Amendment Act (No. 2) 1999 No. 59 ss 1, 2(7), s 60 sch date of assent 29 November 1999 commenced on date of assent ´ 7 List of annotations Commencement s 2 om 1995 No. 58 s 4 sch 1 Arrangement of Act s 3 om 1992 No. 15 s 13 sch

60 Gladstone Area Water Board Act 1984 Order in Council inoperative, repeal and savings s 4 om 1992 No. 15 s 13 sch Governor in Council may make provision s 5 om 1992 No. 15 s 13 sch Definitions prov hdg sub 1995 No. 58 s 4 sch 1 s 6 def “Commissioner” ins 1988 No. 47 s 10(1) sch 2 om 1992 No. 15 s 13 sch def “Director” om 1988 No. 47 s 10(1) sch 2 def “interim Board” om 1992 No. 15 s 13 sch def “Land Court” om 1992 No. 15 s 13 sch def “Local Authority” om 1992 No. 15 s 13 sch def “Local Authority Area” or “Area” om 1993 No. 70 s 804 sch def “Minister” sub 1990 No. 80 s 3 sch 7 om 1992 No. 15 s 13 sch def “town planning scheme” sub 1993 No. 70 s 804 sch Continuation of current Board members s 9 om 1992 No. 15 s 13 sch Constitution of the board under this Act s 10 amd 1988 No. 47 s 10(1) sch 2; 1992 No. 15 s 13 sch; 1995 No. 58 s 4 sch 1 Councils’ nominees s 11 sub 1995 No. 58 s 4 sch 1 Failure to nominate s 12 sub 1995 No. 58 s 4 sch 1 Date for nomination of local government’s nomination s 13 amd 1995 No. 58 s 4 sch 1 Appointment of board members s 14 sub 1995 No. 58 s 4 sch 1 Term of appointment s 15 sub 1994 No. 15 s 3 sch 1 amd 1995 No. 58 s 4 sch 1; 1999 No. 59 s 60 sch Termination of membership of board s 16 amd 1995 No. 58 s 4 sch 1 Casual vacancy in membership of board s 17 amd 1995 No. 58 s 4 sch 1 Dissolution of local government s 19 sub 1995 No. 58 s 4 sch 1 General powers of board s 23 sub 1994 No. 15 s 3 sch 1 Provisions affecting contractual powers of Board s 24 om 1994 No. 15 s 3 sch 1

61 Gladstone Area Water Board Act 1984 Procedure for taking over control s 30 amd 1994 No. 15 s 3 sch 1 Procedure for acquisition of property or assumption of liabilities s 31 amd 1994 No. 15 s 3 sch 1 Enforcement of existing claims s 32 amd 1994 No. 15 s 3 sch 1 Board to be aided in securing property s 34 amd 1994 No. 15 s 3 sch 1 Delegation s 38 sub 1995 No. 58 s 4 sch 1 Procedure for obtaining consent s 40 amd 1988 No. 47 s 10(1) sch 2 om 1992 No. 15 s 13 sch Solution of disputes between board and local government s 46 amd 1994 No. 15 s 3 sch 1 PART 6—FINANCIAL PROVISIONS Division 2—Application of finance Acts div hdg sub 1994 No. 15 s 3 sch 1 Board is statutory body s 56 sub 1994 No. 15 s 3 sch 1 amd 1996 No. 54 s 9 sch Preliminary Resolution s 57 om 1994 No. 15 s 3 sch 1 Application of proceeds of arrangements s 58 om 1994 No. 15 s 3 sch 1 Debentures, bonds and stock s 59 om 1994 No. 15 s 3 sch 1 Payment of commission, fees s 60 om 1994 No. 15 s 3 sch 1 Powers to execute charges etc. relating to financial arrangements s 61 om 1994 No. 15 s 3 sch 1 Priority of charges s 62 om 1994 No. 15 s 3 sch 1 Investment with Board to be authorized investment s 63 om 1994 No. 15 s 3 sch 1 Notice of trusts not to be received s 64 om 1994 No. 15 s 3 sch 1 Protection of investors, etc. s 65 om 1994 No. 15 s 3 sch 1

62 Gladstone Area Water Board Act 1984 Advance by way of overdraft s 66 om 1994 No. 15 s 3 sch 1 Remedies s 67 om 1994 No. 15 s 3 sch 1 Remuneration of receiver s 68 om 1994 No. 15 s 3 sch 1 Powers and duties of receiver s 69 om 1994 No. 15 s 3 sch 1 Alternative provision for remedies s 70 amd 1990 No. 88 s 3 sch om 1994 No. 15 s 3 sch 1 Regulations about financial arrangements s 71 om 1994 No. 15 s 3 sch 1 Illegal financial arrangements s 72 om 1994 No. 15 s 3 sch 1 Division 3—Investment of surplus Board Funds div 3 (ss 73–74) om 1994 No. 15 s 3 sch 1 Division 4—Funds of Board div 4 (ss 75–79) om 1994 No. 15 s 3 sch 1 Division 5—Accounts and Audit div hdg om 1994 No. 15 s 3 sch 1 Meaning of terms s 80 om 1994 No. 15 s 3 sch Budget s 81 om 1994 No. 15 s 3 sch 1 Accounts s 82 om 1994 No. 15 s 3 sch 1 Statements of account s 83 om 1994 No. 15 s 3 sch 1 Annual statements of account s 84 om 1994 No. 15 s 3 sch 1 Audit of Accounts s 85 amd 1990 No. 88 s 3 sch om 1994 No. 15 s 3 sch 1 Financial administration s 86 om 1994 No. 15 s 3 sch 1 Board to recover charges and fees s 87 amd 1990 No. 88 s 3 sch

63 Gladstone Area Water Board Act 1984 PART 7—TAKING AND HOLDING LAND BY THE BOARD Division 2—Rateability of Land div hdg om 1993 No. 70 s 804 sch Rateability of land vested in Board s 93 om 1993 No. 70 s 804 sch Insurance of members s 106 amd 1990 No. 88 s 3 sch; 1996 No. 75 s 535 sch 2; 1998 No. 48 s 17 sch Superannuation schemes s 115 sub 1995 No. 36 s 9 sch 2 Regulations s 122 sub 1994 No. 15 s 3 sch 1 By-laws s 123 amd 1994 No. 15 s 3 sch 1 Application of regulation or by-law and breaches thereof s 125 om 1994 No. 15 s 3 sch 1 Publication and operation of by-laws s 126 om 1994 No. 15 s 3 sch 1 Intervention in board’s affairs s 127 amd 1994 No. 15 s 3 sch 1 Service of documents s 128 om 1994 No. 15 s 3 sch 1 Returns to the Minister s 131 amd 1994 No. 15 s 3 sch 1 Annual report s 132 om 1994 No. 15 s 3 sch 1 Offence provision s 133 amd 1994 No. 15 s 3 sch 1 Amounts held in Operating, Reserve and Capital Works Funds s 136 ins 1994 No. 15 s 3 sch 1 exp 10 May 1994 (see s 136(3)) © State of Queensland 1999