New South Wales—Queensland Border Rivers Act 1947 (NSW)

New South Wales—Queensland Border Rivers Act 1947 No 10

An Act to ratify certain agreements made between the Premiers of New South Wales and Queensland with respect to the Severn, Dumaresq, Macintyre and Barwon Rivers and certain other waters (including underground water); and for other purposes.

1 Name of Act This Act may be cited as the New South Wales—Queensland Border Rivers Act 1947.

2 Commencement This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

3 Act to bind the Crown This Act shall bind the Crown.

4 Definitions In this Act, unless the context or subject matter otherwise indicates or requires: Agreement means the Agreement of which a copy is set out in the Schedule to this Act, as amended by the Amending Agreement, the Second Amending Agreement and the Third Amending Agreement. Amending Agreement means the agreement of which a copy is set out in the Supplementary Schedule to this Act. Carrier Rivers means the parts of the Dumaresq, Macintyre and Barwon Rivers constituting part of the boundary between New South Wales and Queensland and located between the Mingoola Gauging Station and the point where the Barwon River reaches the twenty-ninth parallel of south latitude. Commission means The Dumaresq—Barwon Border Rivers Commission constituted under the Agreement. Constructing Authority means the Contracting Government by which any works under this Act are constructed, or to be constructed, or any authority constituted or appointed for the purpose of such construction. Contracting Government means a Government which is a party to the Agreement. Controlling Authority where used in reference to the State of New South Wales means the Ministerial Corporation authorised by this Act to exercise the powers and fulfil the obligations by the Agreement conferred or imposed upon a Controlling Authority. Diversion includes abstraction, impounding and appropriation of water that diminishes or retards the volume of flow of a river. Dumaresq Storage means the storage and basin or basins which at the relevant time are provided by any dam or dams constructed under the Agreement on Pike Creek or on the Dumaresq River upstream of the Mingoola Gauging Station or on a tributary of that river upstream of that station. Exercise of a function includes, if the function is a duty, the performance of the duty. Function includes a power, authority and duty. Government Gazette means the Government Gazette of the State of New South Wales or Queensland (as the case may require). Governor where used in reference to a State means Governor with the advice of the Executive Council of that State and shall include the person for the time being lawfully administering the Government of that State. Land includes Crown lands and buildings, messuages, tenements, and hereditaments of any tenure, and any easement, right, or privilege in, over or affecting any land. Maintenance includes repairs and improvements. Ministerial Corporation means the Water Administration Ministerial Corporation constituted by the Water Management Act 2000. Purposes of this Act include purposes of the Agreement. Prescribed means prescribed by this Act or by regulations pursuant to this Act. Proclamation means proclamation by the Governor of the State of New South Wales or Queensland published in the Government Gazette of that State. River and Tributary respectively include any affluent, effluent, creek, anabranch, or extension of, and any lake or lagoon connected with, the river or tributary. Second Amending Agreement means the agreement of which a copy is set out in the Second Supplementary Schedule to this Act. Third Amending Agreement means the agreement of which a copy is set out in the Third Supplementary Schedule to this Act. Under this Act includes under the Agreement.