Hunter Valley Flood Mitigation Act


Anonymous

N.S.W. Legislation, Australia

1950


An Act to provide for the carrying out of works of flood prevention and mitigation within the Hunter Valley and to make provision otherwise for and in respect of such flood prevention and mitigation; to provide for payments to be made by the Hunter Valley Conservation Trust and by councils in respect of such works; for these and other purposes to amend the Public Works Act, 1912, the Hunter Valley Conservation Trust Act, 1950, and certain other Acts in certain respects; and for purposes connected therewith.

HUNTER
VALLEY
FLOOD
MITIGATION
ACT.
Act
No.
10,
1956.
An
Act
to
provide
for
the
carrying
out
of
Elizabeth
II,
works
of
flood
prevention
and
mitigation
No.
10,
1956.
within
the
Hunter
Valley
and
to
make
provision
otherwise
for
and
in
respect
of
such
flood
prevention
and
mitigation
;
to
provide
for
payments
to
be
made
by
the
Hunter
Valley
Conservation
Trust
and
by
councils
in
respect
of
such
works
fog
these
and
other
purposes
to
amend
the
Public
Works
Act,
1912,
the
Hunter
Valley
Conservation
Trust
Act,
1950,
and
certain
other
Acts
in
certain
respects;
and
for
purposes
connected
therewith.
[Assented
to,
17th
August,
1956.]
BE
38
Hunter
Valley
Flood
Mitigation
Act.
No.
10,
1956.
B
E
it
enacted
by
the
Queen's
Most
Excellent
Majesty,
by
and
with
the
advice
and
consent
of
the
Legis-
lative
Council
and
Legislative
Assembly
of
New
South
Wales
in
Parliament
assembled,
and
by
the
authority
of
the
same,
as
follows
:—
PART
I.
PRELIMINARY.
Short
title,
commence-
ment
and
division
into
Parts.
1.
(1)
This
Act
may
be
cited
as
the
"Hunter
Valley
Flood
Mitigation
Act,
1956."
(2)
This
Act
shall
commence
upon
a
day
to
be
appointed
by
the
Governor
and
notified
by
proclamation
published
in
the
Gazette.
(3)
This
Act
is
divided
into
Parts
as
follows
:—
PART
I.—PRELIMINARY.
PART
IL—CONSTRUCTION
OF
WORKS.
PART
III.—POWERS
OF
CONSTRUCTING
AuTnoRITY.
PART
IV.—COMPENSATION.
DIVISION
I.—Assessment
Board.
DIVISION
2.—Procisions
relating
to
compensa-
tion.
PART
V.—FINANCE.
PART
VI—MISCELLANEOUS
AND
GENERAL.
Interpreta-
OiOn.
2.
(1)
In
this
Act,
unless
the
context
or
subject
matter
otherwise
indicates
or
requires—
"Account"
means
the
Hunter
Valley
Flood
Mitiga-
tion
Working
Account
referred
to
in
subsection
two
of
section
forty-one
of
this
Act.
"Assessment
Board"
means
the
Assessment
Board
constituted
under
the
provisions
of
this
Act.
"Commission"
means
The
Water
Conservation
and
Irrigation
Commission
constituted
under
the
provisions
of
the
Irrigation
Act,
1912,
as
amended
by
subsequent
Acts.
"Council"
Hunter
Valley
Flood
Mitigation
Act.
39
"Council"
means
council
as
defined
in
the
Local
No.
10,
1956.
Government
Act,
1919,
as
amended
by
subse-
quent
Acts,
and
includes
a
county
council
con-
stituted
under
that
Act,
as
so
amended.
"Financial
year"
means
the
period
commencing
on
the
first
day
of
July
in
any
year
and
terminating
on
the
thirtieth
day
of
June
in
the
next
following
year.
"Hunter
Valley"
means
the
catchmott
area
of
the
River.
"Levee
bank"
means
levee
bank
designed
or
intended
for
the
purpose
of
or
which
could
or
might
have
the
effect
of
excluding
or
partially
excluding
the
waters
of
the
River
or
waters
overflowing
from
the
River
from
any
land.
"Local
government
area"
has
the
meaning
ascribed
to
that
phrase
in
the
Local
Government
Act,
1919,
as
amended
by
subsequent
Acts.
"Lower
river"
means
those
parts
of
the
River
which
flow
through
those
portions
of
the
Hunter
Valley
in
respect
of
which
the
Minister
for
Public
Works
is
the
Constructing
Authority.
"Occupier"
means
the
person
in
actual
occupation
or
for
the
time
being
entitled
to
the
possession
of
any
land
and
includes
where
the
person
so
entitled
does
not
reside
on
the
land
his
resident
manager
or
other
person
having
the
care,
con-
trol
or
management
of
the
land
and
where
any
land
is
vested
in
a
council
means
that
council.
"Owner",
in
relation
to
land,
includes
every
person
who
jointly
or
severally,
whether
at
law
or
in
equity—
(a)
is
entitled
to
the
land
for
any
estate
of
freehold
in
possession;
or
(b)
40
Hunter
Valley
Flood
Mitigation
Act.
Ito.
10,
1950.
(b)
is
a
person
to
whom
the
Crown
has
law-
fully
contracted
to
grant
the
fee
simple
under
the
Crown
Lands
Acts
or
any
other
Act
relating
to
the
alienation
of
lands
of
the
Crown;
or
(c)
is
entitled
to
receive
or
is
in
receipt
of,
or
if
the
land
were
let
to
a
tenant
would
be
entitled
to
receive,
the
rents
and
profits
thereof,
whether
as
beneficial
owner,
trustee,
mortgagee
in
possession,
or
otherwise;
or
(d)
is
the
holder
of
a
lease
from
the
Crown
or
any
statutory
body
representing
the
Crown.
"Prescribed"
means
prescribed
by
this
Act
or
the
regulations
made
thereunder.
"River"
means
the
Hunter
River
and
its
tributaries
and
includes
the
estuary
of
the
River
and
any
arm
or
branch
of
such
estuary
and
where
any
part
of
the
River
is
influenced
by
tidal
waters
includes
that
part.
"Tree"
includes
sapling,
shrub
and
scrub.
"Trust"
means
the
Hunter
Valley
Conservation
Trust
constituted
under
the
provisions
of
the
Hunter
Valley
Conservation
Trust
Act,
1950,
as
amended
by
subsequent
Acts.
"Work
to
which
this
Act
extends"
means
any
work
designed
or
intended
for
the
purpose
of
or
which
could
or
might
have
the
effect
of
preventing
or
mitigating
the
flooding
or
inundation
of
any
lands
within
the
Hunter
Valley
by
the
waters
of
the
River
or
by
waters
which
may
overflow
or
otherwise
escape
from
the
River
or
the
effects
of
any
such
floodin•
or
inundation
and,
without
Hunter
Valley
Fleod
Mitigation
Act.
41
limiting
the
generality
of
the
foregoing,
includes
No.
10,
1956
*
works
for
or
in
connection
with
or
incidental
to—
(a)
river
bank
protection
and
river
bank
stabilisation;
(b)
river
regulation;
(c)
river
channel
improvement;
(d)
river
diversion;
(e)
dredging;
(f)
the
construction
or
provision
of
flood
escapes
and
the
improvement
of
flood
escapes
and
floodways;
(g)
the
construction
or
provision
of
flood-
gates
and
the
improvement
of
flood-
gates;
(h)
the
construction
of
levee
banks
and
the
removal,
relocation,
re-alignment,
alteration,
reduction
in
height,
demoli-
tion
or
reconstruction
of
levee
banks.
(2)
For
the
purposes
of
this
Act
the
Constructing
Authority
shall—
(a)
in
respect
of
those
portions
of
the
Hunter
Valley
which
are
prescribed
as
being
the
portions
of
the
Hunter
Valley
in
respect
of
which
the
Minister
for
Public
Works
is
to
be
the
Constructing
Authority,
be
the
Minister
for
Public
Works,
(b)
in
respect
of
those
portions
of
the
Hunter
Valley
not
being
those
portions
in
respect
of
which
the
Minister
for
Public
Works
is
the
Constructing
Authority,
be
the
Commission.
(3)
The
provisions
of
this
Act
conferring
powers,
authorities,
duties
and
functions
on
the
Constructing
Authority
shall,
where
the
Minister
for
Public
Works
is
the
Constructing
Authority,
be
applicable
to
those
por-
tions
of
the
Hunter
Valley
in
respect
of
which
he
is
the
Constructing
Authority
and,
where
the
Commission
is
the
Constructing,
42
Hunter
Valley
Flood
Mitigation
Act.
Na.
10,
1956.
Constructing
Authority,
be
applicable
to
those
portions
of
the
Hunter
Valley
in
respect
of
which
it
is
the-
Constructing
Authority.
Certain
Acts
3.
Except
as
expressly
in
this
Act
provided,
nothing
not
affected.
in
this
Act
shall
affect
any
of
the
provisions
of—
the
Water
Act,
1912;
the
Local
Government
Act,
1919;
the
Rivers
and
Foreshores
Improvement
Act,
1948;
the
Hunter
Valley
Conservation
Trust
Act,
1950,
or
any
Act
amending
any
of
those
Acts,
or
take
away,
derogate
from
or
otherwise
affect
any
powers
vested
in
any
person
or
body
by
any
of
the
said
Acts
or
by
any
by-laws,
ordinances
or
regulations
made
thereunder.
PART
II.
CONSTRUCTION
OF
WORKS.
Construe-
4.
(1)
The
Constructing
Authority
may—
tion,
etc.,
of
works
to
(a)
plan
and
undertake
schemes
for
the
prevention
which
this
Act
or
mitigation
of
flooding,
and
extends.
(b)
in
accordance
with
the
provisions
of
this
Act,
undertake,
construct,
carry
out,
operate
and
maintain
any
work
to
which
this
Act
extends.
(2)
(a)
Every
work
which
the
Constructing
Authority
is
authorised
to
undertake,
construct
or
carry
out
shall
be
undertaken,
constructed
or
carried
out
under
the
Public
Works
Act,
1912,
as
amended
by
subsequent
Acts.
(b)
Any
such
work
shall
be
deemed
to
be
an
authorised
work
within
the
meaning
of
the
Public
Works
Act,
1912,
as
amended
by
subsequent
Acts,
and
save
as
hereinafter
expressly
provided
the
provisions
of
the
said
Act
as
so
amended,
sections
thirty-four,
thirty-five,
thirty-six
and
thirty-seven
excepted,
shall
apply
to
and
in
respect
of
any
such
work.
T41
Hunter
Valley
Flood
Mitigation
Act.
43'
(c)
The
Const
meting
Authority
shall
be
-the
No.
1
0,
1956.
constructing
authority
for
any
such
work
within
the
meaning
of
the
said
Act
as
so
amended,
and
shall
enter
into
such
contracts
and
take
all
such
necessary
steps
for
the
proper
execution
thereof
as
such
authority
may
think
proper.
(3)
Without
prejudice
to
the
generality
of
sub-
sections
one
and
two
of
this
section,
the
provisions
of
section
thirty-eight
of
the
Public
Works
Act,
1912,
as
amended
by
subsequent
Acts,
shall
apply
to
and
in
respect
of
any
of
the
contracts
referred
to
in
paragraph.
(c)
of
subsection
two
of
this
section.
5.
For
the
purposes
of
this
Act,
but
not
otherwise,
Amencimmt
the
following
amendments
shall
be
made
in
the
Public
i°,,f
0
A,2
Works
Act,
1912,
as
amended
by
subsequent
Acts,
that
is
1912.
to
say
:—
(a)
sections
eighty-two,
eighty-three,
eighty-four,
sees.
82-96.
eighty-five,
eighty-six,
eighty-seven,
eighty-eight,
eighty-nine,
ninety,
ninety-one,
ninety-twc,
ninety-three,
ninety-four,
ninety-five
and
ninety-
six
are
repealed;
(b)
section
ninety-eight
is
amended—
See.
93.
(i)
by
inserting
in
subsection
three
before
the
words
"public
works"
the
words
"authorised
works
or";
(ii)
by
omitting
from
the
same
subsection
the
words
"not
exceeding
fifty
years";
(c)
section
one
hundred
and
twenty-six
is
amended
See.
126.
by
inserting
at
the
end
of
subsection
two
the
following
proviso:
"Provided
that
such
interest
shall
not
be
paid
for
any
period
during
which
delay
in
fixing
the
amount
of
compensation
or
in
completing
title
has
been
caused
without
reasonable
excuse
by
the
act
or
default
of
the
person
to
whom
such
compensation
is
payable."
6.
Hunter
Valley
Flood
Mitigation
Act.
No.
10,
1956.
6.
Notwithstanding
anything
contained
in
Part
XIIA
of
the
Local
Government
Act,
1919,
as
amended
by
Constructing
subsequent
Acts,
no
restriction
imposed
by
or
under
that
Authority
not
to
be
bound
by
town
and
country
planning
schemes.
Part
and
no
provision
or
restriction
contained
in
any
town
or
country
planning
scheme
prescribed
by
ordinance
pursuant
to
the
provisions
of
the
said
Part
or
imposed
under
the
authority
of
any
such
scheme
shall
apply
to
or
in
respect
of
any
work
or
measure
undertaken,
constructed
or
carried
out
or
proposed
to
be
undertaken,
constructed
or
carried
out
by
the
Constructing
Authority
under
the
authority
of
this
Act
or
operate
in
such
manner
as
to
derogate
from
or
interfere
in
any
way
with
the
full
and
free
exercise
by
the
Constructing
Authority
of
any
of
the
powers,
authorities,
duties
and
functions
conferred
or
imposed
on
the
Constructing
Authority
by
or
under
this
Act.
PART
III.
POWERS
011'
CONSTRUCTING
AUTHORITY.
Certain
provisions
of
Act
No.
44,
1912,
not
to
apply
to
lower
river.
7.
In
respect
of
the
lower
river—
(a)
the
provisions
of
Part
II
of
the
Water
Act,
1912,
as
amended
by
subsequent
Acts,
section
26D
excepted,
shall,
as
from
the
commencement
of
this
Act,
cease
to
apply;
and
(b)
all
licenses,
permits
and
authorities
for
joint
water
supply
schemes
issued
under
the
provisions
of
the
said
Part
II
in
respect
of
works
to
which
that
Part
extends
and
in
force
immediately
before
such
commencement
shall
upon
such
commencement
be
revoked
and
cease
to
be
of
any
force
or
effect.
Construction
S.
(1)
This
section
shall
apply
to
and
in
respect
of
and
use
of
those
portions
of
the
Hunter
Valley
ill
respect
of
which
levee
banks,
'
etc.,
in
the
Minister
for
Puhlic
Works
is
tile
Constructing
respct
of
lower
river.
Authority.
Hunter
Valley
Flood
Mitigation
Act.
45
(2)
No
owner
or
occupier
of
any
laud
or
otlwr
No.
10
,
1
95
6
.
person
whomsoever
shall,
except
with
the
permission
of
the
Constructing
Authority—
(a)
construct
or
erect
any
levee
bank;
or
(b)
construct
or
erect
any
pump
or
other
machii
u
or
appliance,
pipe,
flume,
race,
channel,
cutting,
excavation,
sewer
or
other
work
of
a
like
nature
connected
in
any
way
with
the
waters
of
the
lower
river.
(3)
(a)
The
Constructing
Authority
may
by
notice
in
writing
direct
the
owner
or
occupier
of
any
land
on
which
there
is
any
levee
bank,
or
any
pump
or
other
machinery
or
appliance,
pipe,
flume,
race,
channel,
cutting,
excavation,
sewer
or
other
work
of
a
like
nature
connected
in
any
way
with
the
waters
of
the
lower
river,
constructed
or
erected
before
the
commencement
of
this
Act,
to
make
such
modification
of
such
work
and
within
such
lime
as
may
be
specified
in
the
notice.
Such
owner
or
occupier
shall
comply
with
such
notice
accordingly.
(b)
If
such
owner
or
occupier
fails
to
comply
with
time
terms
of
any
such
notice
the
Constructing
Authority
may
cause
the
modification
directed
in
such
notice
to
be
made
and
may
recover
any
cost
incurred
in
so
doing
from
such
owner
or
occupier
in
any
court
of
competent
jurisdiction
as
a
debt
due
and
owing
to
lhe
Constructing
Authority.
9.
(1)
For
the
purposes
of
this
Act
the
Constructing
Survey.
Authority
or
any
person
authorised
by
the
Construe!
II,
woags
Authority
may
enter
any
land
and
carry
out
:,11V
investigation
or
inspection
and
take
levels
and
make
surveys
and
marks
and
fix
pegs
and
stakes.
(2)
For
the
purposes
of
this
Act
the
Constructing
Authority
may
undertake,
construct,
carry
out,
operate
and
maintain
any
work
on
any
land,
street,
road
or
reserve.
(3)
46
Hunter
Valley
Flood
Mitigation
Act.
No.
10,
1956.
(3)
For
the
purpose
of
undertaking,
constructing
or
carrying
out
any
work
to
which
this
Act
extends
(other
than
a
work
of
river
diversion)
which
is
proposed
to
be
undertaken,
constructed
or
carried
out
under
the
auth-
ority
of
this
Act
or
for
the
purpose
of
the
operation
or
maintenance
of
any
such
work
so
undertaken,
constructed
or
carried
out,
the
Constructing
Authority
or
any
person
authorised
by
the
Constructing
Authority
shall
have
power
at
any
time—
(a)
to
enter
land
and
use
such
land
for
the
pur-
pose
of
undertaking,
constructing,
carrying
out,
operating
or
maintaining
such
work;
(b)
to
enter
land
and
take
and
use
any
gravel,
spoil,
stone
or
other
material
from
such
land;
(c)
to
take
and
use
any
gravel,
spoil,
stone
or
other
material
from
the
bed
of
the
River;
(d)
to
enter
any
land
lying
within
two
chains
of
the
bank
of
the
River
and
lop
and
cut
down
any
tree
which
may
be
on
such
land,
and
take
and
use
any
such
tree
and
any
cuttings
of
any
tree
on
such
land;
whether
or
not
the
work
for
which
such
gravel,
spoil,
stone
or
other
material
or
tree
or
cutting
is
taken
or
used
is
contiguous
to
such
land
or
bed
of
the
River,
as
the
case
may
be,
and
notwithstanding
an
easement
or
right
so
to
enter
and
use
such
land
or
to
take
and
use
such
gravel,
spoil,
stone
or
other
material
or
tree
or
cutting
has
not
been
acquired
or
granted.
(4)
Any
person
obstructing
or
hindering
the
Con-
structing
Authority
or
any
person
authorised
by
the
Constructing
Authority
in
the
exercise
of
any
power
conferred
by
this
section
shall
be
guilty
of
an
offence
against
this
Act.
(5)
Any
person
who
removes
injures
or
interferes
with
any
marks
made
or
pegs
or
stakes
fixed
pursuant
to
the
provisions
of
this
section
shall
be
guilty
of
an
off
,,
nee
against
this
Act.
10.
Hunter
Valley
Flood
Mitigation
Act.
;._47
10.
If
in
the
opinion
of
the
Constructing
Authority
No.
10,
1956.
any
tree
on
the
bank
of
the
River
or
on
land
adjoining
lopping,
such
bank
constitutes
a
threat
to
any
scheme
for
ere.,
of
flood
prevention
or
mitigation
which
the
Constructing
trees.
Authority
has
carried
out
or
has
planned
or
is
planning
to
carry
out
or
to
any
part
of
any
such
scheme
or
inter-
feres
with
or
impedes
or
tends
to
interfere
with
or
impede
the
free
flow
of
the
River
or
otherwise
detrimentally
affects
or
is
likely
to
detrimentally
affect
such
flow
or
the
stability
of
the
banks
of
the
River
the
Constructing
Authority
may,
notwithstanding
anything
contained
in
the
Hunter
Valley
Conservation
Trust
Act,
1950,
or
any
Act
amending
that
Act,
authorise
any
person
to
enter
the
land
on
which
such
tree
is
and
to
lop,
cut
down
or
remove
such
tree.
11.
(1)
For
the
purpose
of
flood
prevention
or
miti-
Pumps,
etc.,
gation,
the
Constructing
Authority
may,
where
the
T
e
a
l
l
d.
Constructing
Authority
considers
such
a
course
necessary
or
desirable,
authorise
any
person
to
enter
any
land
on
which
there
is
any
pump
or
other
machinery
or
appliance,
pipe,
flume,
race,
channel,
cutting,
excavation,
sewer
or
other
work
of
a
like
nature
and
to
remove
and
relocate
any
such
work.
(2)
The
powers
conferred
by
subsection
one
of
this
section
may
be
exercised
whether
or
not
the
work
is
licensed,
permitted
or
authorised
under
any
of
the
pro-
visions
of
the
Water
Act,
1912,
as
amended
by
subsequent
Acts.
(3)
Where
pursuant
to
the
provisions
of
sub-
section
one
of
this
section
any
pump
or
other
machinery
or
appliance,
pipe,
flume,
race,
channel,
cutting,
excava-
tion,
sewer
or
other
work
of
a
like
nature
is
removal
and
relocated,
such
removal
and
relocation
shall
be
carried
out
in
a
proper
and
workmanlike
manner
and
shall
be
so
carried
out
that
such
pump
or
other
machinery
or
appliance,
pipe,
flume,
race,
channel,
cutting,
excava-
tion,
sewer
or
other
work
may
be
operated
in
the
same
manner
and
to
the
same
extent
as
before
removal
and
relocation
or
as
near
thereto
as
circumstances
will
allow.
(4)
48
Hunter
Valley
Flood
Mitigation
Act.
No.
10,
1956.
(4)
The
removal
and
relocation
of
any
work
in
accordance
with
the
provisions
of
this
section
shall
for
all
purposes
be
deemed
to
be
a
work
to
which
this
Act
extends
and
the
provisions
of
section
nine
of
this
Act
shall
apply
to
and
in
respect
thereof
accordingly.
Fences
and
structures
not
to
be
made
on
or
over
levee
banks.
(5)
Any
license,
permit
or
authority
for
a
joint
water
supply
scheme
issued
under
the
provisions
of
Part
II
of
the
Water
Act,
1912,
as
amended
by
subsequent
Acts,
in
respect
of
any
of
the
works
referred
to
in
sub-
section
one
of
this
section
and
in
force
at
the
time
of
removal
and
relocation
of
such
work
shall
be
deemed
to
apply
to
and
in
respect
of
such
work
in
its
new
location
to
the
same
extent
as
the
same
applied
to
such
work
in
its
former
location
and
for
that
purpose
such
license,
permit
or
authority
shall
be
deemed
to
be
amended
accordingly
but
shall
otherwise
remain
in
full
force
and
effect.
12.
No
owner
or
occupier
of
land
or
other
person
whomsoever
shall,
except
with
the
permission
of
the
Constructing
Authority,
construct
or
erect
any
fence,
structure
or
other
erection
whatsoever
on,
or
in
proximity
to
any
levee
bank.
Provisions
relating
to
permission
of
Constructing
Authority
to
doing
of
acts.
13.
(1)
Where
pursuant
to
the
provisions
of
sub-
section
two
of
section
eight
or
of
section
twelve
of
this
Act
the
permission
of
the
Constructing
Authority
is
necessary
to
the
doing
of
any
act,
application
for
a
permit
shall
be
made
in
writing
to
the
Constructing
Authority
and
shall
specify
the
land
in
respect
of
which
the
permit
is
desired
and
supply
full
particulars
of
the
work
proposed
to
he
undertaken.
(2)
The
Constructing
Authority
may,
after
such
investigation
as
the
Constructing
Authority
may
deem
necessary,
refuse
any
permit
applied
for
under
this
section
or
may
grant
the
same
unconditionally
or
subject
to
such
limitations
and
conditions
(including
a
condition
limiting
the
time
the
permit
shall
remain
in
force)
as
the
Constructing
Authority
may
think
fit.
(3)
Hunter
Valley
Flood
Mitigation
Act.
49
(3)
The
Constructing
Authority
may
at
any
time,
No.
10
,
1956.
revoke
or
vary
any
permit
issued
under
the
provisions
of
this
section.
(4)
The
Constructing
Authority
may
authorise
any
person
to
enter
the
land
on
which—
(a)
any
work
referred
to
in
subsection
two
of
section
eight
or
any
fence,
structure
or
other
erection
referred
to
in
section
twelve
of
this
Act
has
been
constructed
or
erected
contrary
to
the
provisions
of
the
said
subsection
two
or
of
the
said
section
twelve,
as
the
case
may
be;
or
(b)
any
such
work
or
fence,
structure
or
other
erection
has
been
constructed
or
erected
other-
wise
than
in
compliance
with
the
limitations
or
conditions
for
the
time
being
attached
to
the
permit
in
respect
thereof
granted
under
the
provisions
of
this
section,
and
to
demolish
such
work
or
fence,
structure
or
other
erection
or
to
carry
out
such
alterations
or
modifications
thereof
as
may
be
necessary
to
cause
such
work
or
fence,
structure
or
other
erection
to
be
in
compliance
with
the
said
limitations
or
conditions,
as
the
case
may
require,
and
may
recover
any
cost
incurred
in
so
doing
from
the
owner
or
occupier
of
the
land
or
other
the
person
constructing
or
erecting
such
work
or
fence,
structure
or
other
erection
in
any
court
of
competent
jurisdiction
as
a
debt
due
mid
owing
to
the
Constructing
Authority.
14.
The
Constructing
Authority
may,
by
notice,
in
Taking
writing
to
the
owner
of
the
land
on
which
is
situated
levee
any
privately
owned
levee
bank,
take
over
the
maillten-
banks.
ance
and
control
of
such
levee
bank
as
from
a
date
to
be
specified
in
such
notice
and
upon
such
notice
having
been
so
given
the
maintenance
and
control
of
such
levee
bank
shall
as
from
the
specified
date
be
deemed
to
be
wholly
transferred
to
and
vested
in
the
Constructing
Authority
as
a
work
to
which
this
Act
extends
and
under-
taken
by
the
Constructing
Authority
under
the
provisions
of
this
Act.
15.
50
Hunter
Valley
Flood
Mitigation
Act.
No.
10,
1956.
15.
(1)
Where
a
levee
bank
has
been
constructed
Restriction
adjacent
to
the
River,
the
Constructing
Authority
may,
on
use
of
by
notice
in
writing
to
the
owner
and
occupier
of
the
land
lands
011
which
such
levee
bank
has
been
constructed
or
of
any
adjacent
to
levee
banks.
land
immediately
adjacent
thereto
or
of
the
whole
or
any
part
of
the
land
lying
between
such
levee
bank
and
the
River,
impose
such
conditions
and
restrictions
on
the
use
of
such
levee
bank
or
land
as
the
Constructing
Authority
may
deem
necessary
or
desirable
to
ensure
the
stability
of
such
levee
bank
and
in
the
interests
of
flood
prevention
or
mitigation
within
the
Hunter
Valley
generally.
Proclama-
tion
of
lands
as
within
the
flood
plain
of
the
River.
(2)
The
notice
referred
to
in
subsection
one
of
this
section
shall
specify
the
land
to
which
the
notice
relates
and
the
conditions
or
restrictions
imposed
thereby
with
sufficient
particularity
to
enable
any
person
affected
thereby
to
be
acquainted
with
the
obligations
imposed
upon
him
by
virtue
of
such
notice.
(3)
The
Constructing
Authority
may
in
the
like
manner
revoke
or
vary
any
notice
given
in
pursuance
of
this
section.
(4)
If
any
owner
or
occupier
of
land
in
respect
of
which
a
notice
has
been
given
pursuant
to
the
provisions
of
this
section
contravenes
or
fails
to
comply
with
any
condition
or
restriction
imposed
by
such
notice
the
-
Constructing
Authority
may
authorise
any
person
to
enter
the
land
to
which
such
notice
relates
and
to
take
such
remedial
measures
on
that
land
as
the
Constructing
Authority
may
deem
necessary
and
may
recover
any
cost
incurred
in
so
doing
from
such
owner
or
occupier
in
any
court
of
competent
jurisdiction
as
a
debt
due
and
owing
to
the
Constructing
Authority.
16.
(1)
The
Governor
may
by
proclamation
in
the
Gazette
declare
any
specified
area
or
areas
of
lands
within
the
Hunter
Valley
to
be
within
the
flood
plain
of
the
River
and
may
by
the
like
proclamation
revoke
or
vary
any
such
proclamation.
(2)
Hunter
Valley
Flood
Mitigation
Act.
51
(2)
While
any
such
proclamation
remains
in
No.
10,
1956.
force
no
structure
or
work
within
any
area
to
which
the
proclamation
relates
which
is
designed
or
intended
for
or
which
could
or
might
have
the
effect
of—
(a)
controlling
or
mitigating
floodwaters;
or
(b)
discharging
stormwaters;
or
(c)
excluding
tidal
waters,
or
which
may
in
the
opinion
of
the
Constructing
Authority
in
any
way
result
in
the
concentration
or
diversion
of
floodwaters
or
of
stormwaters
shall
be
constructed,
erected
or
altered,
unless
particulars
of
the
site,
nature,
dimensions
and
design
of
the
proposed
structure
or
work
or
the
proposed
alterations
have
been
approved
by
the
Constructing
Authority.
(3)
(a)
Application
for
approval
of
the
Con-
structing
Authority
in
accordance
with
the
provisions
of
this
section
shall
be
made
in
writing
to
the
Construct-
ing
Authority
and
shall
be
accompanied
by
full
particulars
of
the
site,
nature,
dimensions
and
design
of
the
proposed
structure
or
work
or
the
proposed
alterations,
as
the
case
may
be,
together
with
such
other
particulars
in
relation
thereto
as
the
Constructing
Authority
may
require.
(b)
The
Constructing
Authority
may,
after
such
investigation
as
the
Constructing
Authority
may
deem
necessary,
refuse
any
such
application
or
nay
grant
the
same
unconditionally
or
subject
to
such
amend-
ments
relating
to
the
site,
nature,
dimensions
or
design
of
such
proposed
structure
or
work
or
such
proposed
alterations,
as
the
case
may
be,
or
to
such
limitations
:
-
.nd
conditions
as
the
Constructing
Authority
may
think
lit.
(4)
The
Constructing
Authority
may
authorise
any
person
to
enter
the
land
on
which
a
structure
or
work
has
been
constructed,
erected
or
altered
in
contravention
of
the
provisions
of
this
section
or
the
limitations
or
conditions
on
which
any
approval
is
52
Hunter
Valley
Flood
Mitigation
Act.
No.
10,
1955.
i
s
given
thereunder,
and
to
demolish
such
structure
or
work
or
to
carry
out
such
alterations
or
modifications
thereof
as
the
Constructing
Authority
may
deem
neces-
sary
or
desirable,
and
may
recover
any
cost
incurred
in
su
doing
from
the
owner
or
occupier
of
such
land
in
any
court
of
competent
jurisdiction
as
a
debt
due
and
owing
to
the
Constructing
Authority.
Assessment
Board.
PART
IV.
COMPENSATION.
DIvIslov
1.—Assessment
Board.
17.
(1)
For
the
purposes
of
this
Act
there
shall
be
constituted
a
Board
to
be
called
the
Assessment
Board.
(2)
The
Assessment
Board
shall
consist
of
four
members
who
shall
be
appointed
by
the
Governor.
Of
the
members
so
appointed—
(a)
one
shall
be
appointed
on
the
nomination
of
the
Minister
for
Public
Works;
(b)
one
shall
be
appointed
on
the
nomination
of
the
Commission;
(e)
one
shall
be
appointed
on
the
nomination
of
the
Minister
of
Agriculture;
and
(d)
one
shall
be
appointed
on
the
nomination
of
the
Trust.
(8)
(a)
The
member
of
the
Assessment
Board
referred
to
in
paragraph
(a)
of
subsection
two
of
this
section
shall
act
as
such
member
only
in
relation
to
matters
before
the
Assessment
Board
connected
with
those
Hunter
Valley
Flood
Mitigation
Act.
53
those
portions
of
the
Hunter
Valley
in
respect
of
w
hi
c
h
No.
10,
1956.
the
Minister
for
Public
Works
is
the
Constructing
Authority
and
when
so
acting
shall
be
chairman
of
Ilia
Assessment
Board.
(b)
The
member
of
the
Assessment
Board
referred
to
in
paragraph
(b)
of
subsection
two
of
this
section
shall
act
as
such
member
only
in
relation
to
matters
before
the
Assessment
Board
connected
with
those
portions
of
the
limiter
Valley
in
respect
of
which
the
Commission
is
the
Constructing
Authority
and
when
so
acting
shall
be
chairman
of
the
Assessment
Board.
(4)
The
Governor
may
from
time
to
time
revoke
the
appointment
of
any
member
of
the
Assessment
Board
and
may
appoint another
member
to
the
Assessment
Board
upon
the
like
nomination
as
that
of
the
member
whose
appointment
has
been
revoked.
(5)
The
provisions
of
the
Public
Service
Act,
1902,
or
of
any
Act
amending
that
Act,
shall
not
apply
to
or
in
respect
of
the
appointment
of
a
member
of
the
Assessment
Board
and
such
member
shall
not
in
his
capacity
as
a
member
be
subject
to
the
provisions
of
any
such
Act.
(6)
Each
member
of
the
Assessment
Board
shall
be
entitled
to
receive—
(a)
such
remuneration
for
his
services
as
may
from
time
to
time
lie
fixed
by
the
Governor;
and
(b)
travelling
expenses
at
such
rate
as
the
Governor
may
from
time
to
time
determine.
(7)
A
member
of
the
Assessment
Board
who
is
an
officer
of
the
Public
Service
or
of
any
statutory
body
representing
the
Crown
shall,
notwithstanding
the
provi-
sions
of
any
Act
or
of
any
rule
or
regulation
made
under
any
Act,
be
entitled
to
receive
remuneration
under
the
provisions
of
subsection
six
of
this
section
in
addition
to
any
remuneration
to
which
lie
is
entitled
as
an
officer
of
the
Public
Service
or
of
any
statutory
body
repre-
senting
the
Crown,
as
the
case
may
be.
(8)
K4
Hunter
Valley
Flood
Mitigation
Act.
No.
10,
1958.
(8)
The
office
of
a
member
of
the
Assessment
Board
shall
not
for
the
purpose
of
the
Constitution
Act,
1902,
or
any
Act
amending
that
Act,
be
deemed
to
be
an
office
or
place
of
profit
under
the
Crown.
Powers
of
Assessment
Board.
18.
(1)
The
Assessment
Board
shall
have
and
may
exercise
and
discharge
the
powers,
authorities,
duties
and
functions
conferred
or
imposed
upon
it
by
or
under
this
Act.
(2)
For
the
purpose
of
the
exercise
and
discharge
of
its
powers,
authorities,
duties
and
functions
the
Assessment
Board
may
at
all
reasonable
times
enter
and
inspect
any
lands.
Proceedings
19.
(1)
The
chairman
shall
preside
at
all
meetings
before
of
the
Assessment
Board
and
at
any
such
meeting
the
Board.
chairman
and
one
other
member
shall
form
a
quorum.
(2)
In
the
event
of
an
equality
of
votes
at
any
meeting
of
the
Assessment
Board
the
chairman
shall
have
a
second
or
casting
vote.
(3)
Meetings
of
the
Assessment
Board
for
any
purpose
under
this
Act
shall
be
held
at
such
times
and
places
as
may
be
determined
by
the
Assessment
Board.
(4)
Where
any
matter
arising
under
this
Act
is
to
be
determined
by
the
Assessment
Board
the
Assess-
ment
Board
shall
notify
the
person
by
whom
such
matter
was
referred
and
the
Constructing
Authority
of
the
time
and
place
at
which
the
Assessment
Board
will
inquire
into
and
determine
such
matter.
(5)
(a)
The
Assessment
Board
shall
have
power
to
hear
and
determine
any
such
matter.
(b)
The
Assessment
Board
may,
for
the
purpose
of
hearing
and
determining
any
such
matter,
(i)
summon
witnesses
;
(ii)
receive
evidence
on
oath
or
affirmation;
and
require
the
production
of
documents.
(c)
Hunter
Valley
Flood
Mitigation
Act.
55
(c)
A
person
who
has
been
lawfully
sum
,
No.
10,
1956.
moned
to
appear
before
the
Assessment
Board
shall
not
fail
to
appear
and
a
person
who
appears,
whether
summoned
or
not,
shall
not—
(i)
refuse
to
be
sworn
as
a
witness
or
to
make
on
affirmation;
(ii)
fail
to
answer
any
question
lie
is
lawfully
required
to
answer;
or
(iii)
fail
to
produce
any
document
he
is
lawfully
required
to
produce.
Any
person
who
neglects
or
fails
to
comply
with
any
of
the
provisions
of
this
paragraph
shall
be
guilty
of
an
offence
against
this
Act.
(6)
(a)
Every
person
who,
when
required
by
the
Assessment
Board,
attends
as
a
witness
or
produces
documents
as
aforesaid,
shall
be
allowed
such
expenses
as
would
be
allowed
a
witness
attending
on
subpoena
on
the
trial
of
an
action
in
the
District
Court.
(b)
Such
expenses
if
so
directed
by
the
Assessment
Board
shall
be
paid
by
the
person
at
whose
instance
the
witness
or
person
producing
the
documents
attends.
DIVISION
2.—Provisions
relating
to
compens«tion.
20.
Except
as
expressly
in
this
Act
otherwise
provided
No
compen-
no
person
shall
be
entitled
to
claim
or
be
paid
any
a
sabtlieouleasys-
compensation
whatsoever
arising
out
of
or
by
reason
of
expressly
the
exercise
by
the
Constructing
Authority
of
any
of
the
p
rovided
'
powers,
authorities,
duties
and
functions
conferred
or
imposed
on
the
Constructing
Authority
by
or
under
the
provisions
of
this
Act.
Determina-
21.
-
Where
for
the
purposes
of
this
Act
land
or
an
lion
of
easement
or
right
is
acquired
under
the
provisions
of
the
caornouenntsolf
Public
Works
Act,
1912,
as
amended
by
subsequent
Acts,
tio
n
t
i
t
P
f
or
compensation
shall
be
payable
for
or
in
respect
of
such
f
r
esumption
l
or
acquisition
and
such
compensation
shall
be
determined
of
an
in
the
manner
provided
in
the
Public
Works
Act,
1910,
easement.
as
so
amended.
09
56
Hunter
Valley
Flood
Mitigation
Act.
No.
10,
1956.
22.
(1)
In
every
other
case
where
compensation
is
Determina-
payable
under
or
by
virtue
of
the
provisions
of
this
Act
tion
of
the
amount
of
the
compensation
so
payable
shall
be
deter-
amount
of
comp
ensa-
mined
by
mutual
agreement
between
the
Constructing
tion
iu
other
Authority
and
the
person
entitled
to
claim
compensation.
cases.
No
compen-
sation
to
be
payable
for
revocation
of
licenses,
etc.
Entry
on
land
for
investigation
or
inspec-
tion.
(2)
If
the
parties
fail
to
agree
on
the
amount
of
the
compensation
to
be
paid
such
amount
shall
be
determined
by
the
Assessment
Board
subject
to
a
right
of
appeal
to
the
Land
and
Valuation
Court
as
hereinafter
provided.
23.
No
person
shall
be
entitled
to
claim
or
be
paid
any
compensation
whatsoever
for
or
arising
out
of
or
by
reason
of
the
revocation
of
any
license,
permit
or
authority
for
a
joint
water
supply
scheme
pursuant
to
the
provisions
of
section
seven
of
this
Act.
24.
No
person
shall
be
entitled
to
claim
or
be
paid
any
compensation
whatsoever
for
or
arising
out
of
or
by
reason
of
the
exercise
by
the
Constructing
Authority
of
the
powers
conferred
by
subsection
one
of
section
nine
of
this
Act:
Provided
that
where
any
damage
or
injury
to
the
land
or
to
any
building,
structure,
stock,
crop,
property
or
other
thing
thereon
is
caused
by
or
arises
out
of
negli-
gence
on
the
part
of
the
Constructing
Authority
or
the
agents
of
the
Constructing
Authority
the
Constructing
Authority
shall,
as
the
Constructing
Authority
may
determine,
make
good
such
damage
or
injury
or
make
reparation
in
cash
for
such
damage
or
injury
and
in
the
case
of
any
dispute
as
to
the
sufficiency
of
such
making
good
or
such
reparation,
as
the
case
may
be,
the
parties
to
the
dispute
or
either
of
them
may
within
twenty-eight
days
after
such
dispute
arising
refer
the
matter
to
the
Assessment
Board
for
determination.
Such
reference
shall
be
made
in
writing
and
signed
by
the
parties
or
party
making
the
reference.
Upon
any
such
reference
being
made
the
Assessment
Board
shall
inquire
into
and
determine
the
matter
and
make
such
order
as
it
may
deem
necessary
in
the
circumstances.
Hunter
Valley
Flood
Mitigation
Act.
57
25.
Where
the
Constructing
Authority
enters
any
:No.
10,
1956.
land
and
uses
such
land
in
the
exercise
of
the
powers
Entry
on
conferred
by
paragraph
(a)
of
subsection
three
of
section
and
use
of
land
for
nine
of
this
Act
without
acquisition
of
the
land
or
with-
works.
out
acquisition
or
the
granting
of
an
easement
or
right
in
respect
thereof,
the
following
provisions
shall
have
effect
:—
(a)
except
as
in
this
section
provided
no
person
shall
be
entitled
to
claim
or
be
paid
any
compen-
sation
whatsoever
arising
out
of
the
entry
on
and
use
of
such
land;
(b)
if
arising
out
of
the
entry
on
and
use
of
such
land
damage
or
injury
is
caused
to
adjoining
land
or
to
any
building,
structure,
stock,
crop,
property
or
other
thing
on
such
land
or
such
adjoining
land
any
person
injuriously
affected
shall
be
entitled
to
claim
and
be
paid
compen-
sation
in
respect
of
such
damage
or
injury;
where
any
work
has
been
carried
out
on
any
lands
which
before
the
carrying
out
of
such
work
were
owned
and
worked
as
one
property
and
the
lands
available
for
use
after
the
carrying
out
of
such
work
are
insufficient
to
enable
the
purpose
for
which
the
lands
were
used
immedi-
ately
before
the
carrying
out
of
such
work
to
be
effectively
continued
the
owner
or
occupier
shall
be
entitled
to
claim
and
be
paid
compensation
in
respect
of
any
loss
sustained
by
reason
of
the
inability
o
use
the
lands
for
such
purpose.
26.
Where
in
the
exercise
of
the
powers
conferred
Taking
of
i
by
paragraphs
(b)
(c)
and
(d)
of
subsection
three
of
r
m
ae
o
,
section
nine
of
this
Act—
spoil,
etc.
(a)
any
gravel
(other
than
river
gravel),
spoil,
stone,
or
other
material
is
taken
from
any
land
lying
between
a
levee
bank
and
the
River,
no
person
shall
be
entitled
to
claim
or
be
paid
any
compensation
but
the
Constructing
Authority
shall,
if
so
required
by
the
owner
of
the
land,
leave
such
land
properly
graded
without
undue
inequality
(c)
68
hunter
Valley
Flood
Mitigation
Act.
No.
10;
1956.
inequality
or
irregularity
in
grading
and,
if
the
same
was
previously
grassed,
sown
or
planted
with
like
grasses;
(b)
any
gravel
(other
than
river
gravel),
spoil,
stone,
or
other
material
is
taken
from
any
land
not
being
land
lying
between
a
levee
bank
and
the
River,
the
owner
of
such
land
shall
be
entitled
to
claim
and
be
paid
compensation
in
respect
of
the
gravel
(other
than
river
gravel),
spoil,
stone,
or
other
material
so
taken
and
of
any
permanent
damage
or
injury
to
such
land
by
such
taking;
(c)
any
timber
is
taken
from
any
land,
no
person
shall
be
entitled
to
claim
or
be
paid
any
com-
pensation
unless
such
timber
is
of
commercial
value
and
then
only
to
the
extent
of
the
commer-
cial
value
of
such
timber.
Construction
27.
Where
a
levee
bank
is
constructed
or
erected
by
of
levee
the
Constructing
Authority
for
the
protection
from
flood-
banks
for
protection
waters
of
a
town
or
village
on
land
which—
of
towns
and
(a)
derives
no
protection
from
floodwaters
from
the
villages.
construction
or
erection
of
such
levee
bank;
and
(b)
is
detrimentally
affected
or
is
likely
to
be
detrimentally
affected
by
more
intensive
or
prolonged
flooding
or
inundation
by
reason
of
such
construction
or
erection
than
would
other-
wise
have
been
the
case,
the
owner
of
such
land
shall
be
entitled
to
claim
and
be
paid,
in
addition
to
any
compensation
to
which
he
may
be
entitled
by
reason
of
the
acquisition
of
any
land
for
the
construction
or
erection
of
such
levee
bank,
compensation
for
any
loss
or
injury
sustained
by
him
in
respect
of
his
land
being
detrimentally
affected
or
being
likely
to
be
detrimentally
affected
by
the
construction
or
erection
of
such
levee
bank.
Removal,
relocation,
etc.,
of
levee
banks.
2S.
(1)
Where
any
privately
owned
levee
mink
is
demolished,
relocated,
re-aligned,
reduced
in
height
or
otherwise
altered
by
the
Constructing
Authority
no
person
shall
except
as
in
this
section
provided
be
entitled
to
Hunter
Valley
Flood
Mitigation
Act.
59
to
claim
or
be
paid
any
compensation
in
respect
of
any
No.
10,1956.
such
demolition,
relocation,
re-alignment,
reduction
in
height,
or
other
alteration.
(2)
Where,
by
reason
of
the
demolition,
relocation
or
re-alignment
of
a
levee
bank
as
referred
to
in
sub-
section
one
of
this
section,
any
building
which
was
formerly
protected
against
flooding
or
inundation
by
sac+
levee
bank
ceases
to
be
so
protected,
the
owner
of
such
building
shall
be
entitled
to
claini
and
be
paid
compensation:
Provided
that
where
the
Constructing
Authority
ha-:
removed
such
building
and
re-erected
it
in
a
location
protected
against
flooding
or
inundation
or
has
con-
structed
or
erected
a
ring
levee
bank
for
the
protection
of
such
building
against
flooding
or
inundation,
such
owner
shall
not
be
entitled
to
claim
and
be
paid
any
compensation.
(3)
The
compensation
referred
to
in
subsection
two
of
this
section
shall
in
no
case
exceed
the
depreciated
value
of
any
such
building
or,
if
the
same
is
capable
of
being
removed
to
and
re-erected
in
a
location
protected
against
flooding
or
inundation,
the
cost
of
such
removal
and
re-erection,
whichever
is
the
less.
29.
Where
pursuant
to
the
provisions
of
SOH
H11
Restrictions
fifteen
of
this
Act
conditions
or
restrictions
-
upon
the
on
land
use.
use
of
any
levee
bank
or
land
are
imposed
by
the
Constructing
Authority
the
owner
and
occupier
of
such
levee
bank
or
land
shall
be
entitled
to
claim
and
he
paid
compensation
for
or
in
respect
of
any
loss
sustained
by
reason
of
such
conditions
or
restrictions.
30.
(1)
Where
a
work
of
river
diversion
propose
d
works
of
y
on
edaiuvseiri,-,
s
l
i
to
be
carried
out
under
this
Act
will
result
in
the
severance
of
any
land
owned
and
worked
as
one
property
r'veranC0
t:f
and—
(a)
any
severed
part
or
the
land
will
lave
no
direct
means
of
access:
(b)
60
Hunter
Valley
Flood
Mitigation
Act.
No.
10,
1956.
(b)
any
severed
part
of
the
land
will
constitute
less
than
one
home
maintenance
area,
and
will
have
no
convenient
means
of
access
to
the
other
severed
part;
or
(c)
the
severed
parts
of
the
land
will
in
the
aggregate
be
less
than
one
home
maintenance
area;
the
owner
of
the
land
may
within
three
months
after
the
commencement
of
the
work
of
river
diversion
by
notice
in
writing
require
the
Constructing
Authority
to
acquire
the
severed
part
referred
to
in
paragraph
(a)
or
(b)
or
the
severed
parts
referred
to
in
paragraph
(c)
of
this
subsection,
as
the
case
may
require.
(2)
(a)
If
the
owner
of
the
land
referred
to
in
subsection
one
of
this
section
requires
the
Constructing
Authority
to
acquire
the
severed
part
referred
to
in
paragraph
(b)
of
subsection
one
of
this
section
or
the
severed
parts
referred
to
in
paragraph
(c)
of
the
said
subsection
the
Constructing
Authority
shall
forthwith
refer
the
matter
to
the
Assessment
Board
to
determine
whether,
in
its
opinion,
such
severed
part
or
parts
constitutes
or
constitute
less
than
one
home
maintenance
area
and
the
Assessment
Board
shall
inquire
into
and
determine
the
matter
accordingly
and
shall
report
its
determination
to
the
Constructing
Authority.
(b)
The
provisions
of
subsections
four
and
five
of
section
nineteen
of
this
Act
shall
not
apply
to
or
in
respect
of
any
inquiry
by
the
Assessment
Board
pursuant
to
the
provisions
of
this
subsection.
(c)
Upon
receipt
of
the
report
of
the
Assess-
ment
Board
the
Constructing
Authority
shall
notify
the
owner
of
the
land
referred
to
in
subsection
one
of
this
section
of
the
determination
of
the
Assessment
Board.
(d)
Any
such
owner
who
is
dissatisfied
with
the
determination
of
the
Assessment
Board
may
in
manner
hereinafter
provided
appeal
to
the
Land
and
Valuation
Court
against
such
determination.
(3)
Hunter
Valley
Flood
Mitigation
Act.
61
(3)
if
the
owner
of
the
land
referred
to
in
sill,-
No.
10_19564
section
one
of
this
section
in
accordance
with
the
provisions
of
that
subsection
requires
the
Constructing
Authority
to
acquire
any
severed
part
and
in
the
case
of
any
severed
part
or
parts
referred
to
in
paragraph
(b)
or
(c)
of
the
said
subsection
the
Assessment
Board
has
determined
that
the
severed
part
or
parts
constitutes
or
constitute
less
than
one
home
maintenance
area,
or,
in
the
case
of
an
appeal
against
that
determination,
the
Land
and
Valuation
Court
confirms
that
determination
the
Constructing
Authority
shall
forthwith
take
steps
to
acquire
the
severed
part
or
parts,
as
the
case
may
bo,
in
accordance
with
the
provisions
of
this
section.
(4)
Any
land
which
by
virtue
of
the
provisions
of
subsection
three
of
this
section
the
Constructing
Authority
is
required
to
acquire
may
be
purchased
or
resumed
under
the
Public
Works
Act,
1912,
as
amended
by
subsequent
Acts,
and
such
purchase
or
resumption
shall
be
deemed
to
be
for
an
authorised
work
within
the
meaning
of
that
Act,
as
so
amended.
Compensation
shall
be
payable
for
or
in
respect
of
such
resumption
and
such
compensation
shall
be
determined
in
the
manner
provided
in
the
Public
Works
Act,
1.912,
as
so
amended.
(5)
Any
land
purchased
or
resumed
pursuant
to
the
provisions
of
this
section
may
be
sold
or
otherwise
dealt
with
in
accordance
with
the
provisions
of
section
ninety-eight
of
the
Public
Works
Act,
1912,
as
amended
by
subsequent
Acts,
and
for
that
purpose
the
Construct-
ing
Authority
shall
be
the
constructing
authority
within
the
meaning
of
that
Act,
as
so
amended:
Provided
that
for
the
purpose
of
this
sulisecl
ion
but not
otherwise
subsection
one
of
section
ninety-eight
of
the
said
Act,
as
so
amended,
shall
be
read
and
construed
as
if
the
words
"and
apply
the
purchase
money
arising
62
Hunter
Valley
Flood
Mitigation
Act.
No.
10,1956.
ar
i
s
i
ng
from
such
sales
in
such
manner
as
the
Governor
shall
direct"
were
omitted
and
the
following
paragraph
was
inserted
in
lieu
thereof
"Any
purchase
money
arising
from
such
sales
shall
be
paid
to
the
credit
of
the
Hunter
Valley
Flood
Mitigation
Working
Account
referred
to
in
subsection
two
of
section
forty-one
of
the
Hunter
Valley
Flood
Mitigation
Act,
1956".
(6)
Where
pursuant
to
the
provisions
of
sub-
section
five
of
this
section
any
purchase
money
as
referred
to
in
that
subsection
is
paid
to
the
credit
of
the
Account
the
Trust
shall
be
credited
in
the
Account
with
a
part
of
the
amount
of
such
purchase
money
propor-
tionate
to
the
contribution
which
the
Trust
has
made
or
is
liable
to
make
in
respect
of
the
original
purchase
or
resumption
of
the
land
sold
and
the
amount
so
credited
to
the
Trust
shall
be
regarded
as
a
payment
made
by
the
Trust
in
accordance
with
the
provisions
of
subsection
one
of
section
forty-one
of
this
Act
for
the
financial
year
in
which
such
purchase
money
is
so
paid
to
the
credit
of
the
Account.
(7)
If
the
owner
of
the
land
referred
to
in
sub-
section
one
of
this
section
does
not
require
the
Con-
structing
Authority
to
acquire
any
severed
part
of
such
land
in
accordance
with
the
provisions
of
that
subsection
compensation
in
respect
of
any
land
resumed
for
the
purpose
of
the
said
work
of
river
diversion
shall
be
determined
having
regard
not
only
to
the
value
of
the
land
so
resumed
but
also
to
the
damage
(if
any)
caused
by
the
severing
of
the
property
by
the
said
work
of
river
diversion.
(8)
Notwithstanding
anything
contained
in
this
section
the
Constructing
Authority
shall
not
be
required
to
acquire
any
land
pursuant
to
the
provisions
of
subsection
three
of
this
section
if
such
land
or
any
land
which
has
been
or
is
proposed
to
be
severed
from
such
land
by
the
work
of
river
diversion
is
land
which
the
owner
Hunter
Valley
Flood
Mitigation
Act.
63
owner
has
prior
to
the
commencement
of
the
work
of
No.
10,
1956.
river
diversion
agreed
to
sell
or
to
lease
with
an
option
of
purchase.
(9)
For
the
purposes
of
this
section
"home
main-
tenance
area"
means
an
area
which,
when
used
for
the
purpose
for
which
it
is
reasonably
fitted,
would be
sufficient
for
the
maintenance
in
average
seasons
and
circumstances
of
an
average
family.
31.
(1)
Where
by
reason
of
a
work
of
river
diversion
works
of
carried
out
by
the
Constructing
Authority
under
this;
di
v
er
sion
Act
land
which
had
a
frontage
to
the
former
course
of
causing
the
River
no
longer
has
a
frontage
to
the
River—
deprivation
of
riparian
rights.
(a)
the
owner
of
such
land
(in
this
section
called
the
"riparian
owner")
shall
not
be
entitled
to
claim
and
be
paid
compensation
except
as
provided
by
paragraph
(e)
of
subsection
two
and
by
subsections
three
and
four
of
this
section
;
and
(b)
the
provisions
of
subsections
two
and
three
of
this
section
shall
have
effect.
(2)
If
the
riparian
owner
was
making
use
of
a
pumping
plant
for
the
purpose
of
taking
and
using
water
from
the
River
whether
for
domestic
water
supply,
stock
water
supply,
irrigation
or
industrial
purposes,
the
Constructing
Authority
shall,
if
the
Constructing
Authority
considers
it
practicable
so
to
do,
provide
alternative
works
to
enable
water
from
the
River
to
be
taken
and
used
for
the
purpose
for
which
such
water
was
used
prior
to
the
diversion
of
the
River,
in
which
event
the
following
provisions
shall
have
effect:----
(a)
the
Constructing
Authority
may
remove
such
pumping
plant
and
re-erect
the
same,
or
instal
a
new
pumping
plant,
in
a
proper
and
wo
-
rk-
manlike
manner in
some
suitable
location
on
the
new
course
of
the
River,
supplying
such
additional
fittings
or
appliances
as
may
be
necessary
to
enable
the
pumping
plant
to
operate
efficiently;
(b)
64
Hunter
Valley
Flood
Mitigation
Act.
No.
10,
1956.
(b)
(i)
if
the
Constructing
Authority
removes
and
re-erects
or
instals
a
pumping
plant
as
here-
inbef
ore
provided
the
Constructing
Authority
shall
provide,
construct
and
instal
a
pipeline
with
all
necessary
piping
and
fittings
to
enable
water
to
be
conveyed
from
such
pumping
plant
to
the
land
of
the
riparian
owner
;
(ii)
such
pipeline
shall
be
connected
to
any
reticulation
system
installed
on
the
land
of
the
riparian
owner;
(iii)
in
the
construction
and
installation
of
such
pipeline
the
Constructing
Authority
may
make
use
of
any
existing
piping
and
fittings
which
may
be
recoverable
and
available
for
the
purpose;
(iv)
the
removal
and
re-erection
or
installation
of
any
pumping
plant
as
hereinbefore
provided
and
the
construction
and
installa-
tion
of
any
such
pipeline
shall
for
all
purposes
be
deemed
to
be
a
work
to
which
this
Act
extends
and
the
provisions
of
section
nine
of
this
Act
shall
apply
to
and
in
respect
thereof
accordingly;
(c)
any
license,
permit
or
authority
for
a
joint
water
supply
scheme
issued
under
the
provisions
of
Part
II
of
the
Water
Act,
1912,
as
amended
by
subsequent
Acts,
in
respect
of
a
pumping
plant
for
which
alternative
works
have
been
provided
as
aforesaid
and
in
force
at
the
time
of
removal
and
re-erection
of
the
pumping
plant
or
the
installation
of
the
new
pumping
plant
shall
be
deemed
to
apply
to
and
in
respect
of
the
re-erected
or
new
pumping
plant
and
for
that
purpose
such
license,
permit
or
authority
shall
be
deemed
to
be
amended
accordingly
but
shall
otherwise
remain
in
full
force
and
effect;
0)
Hunter
Valley
Flood
Mitigation
Act.
65
(d)
(i)
the
riparian
owner
and
his
servants,
work-
No.
10,
1956.
men
and
agents
shall
be
entitled
to
enter
at
all
reasonable
times
and
to
occupy
and
use
the
lands
on
which
the
pumping
plant
and
pipeline
are
located
for
the
purpose
of
operating,
using
and
maintaining
the
said
pumping
plant
and
pipeline
;
ii)
the
owner
of
such
lands
shall
not
be
entitled
to
claim
or
be
paid
any
compensation
what-
soever
in
respect
of
such
entry,
occupation
and
use
:
Provided
that
the
provisions
of
this
sub-
paragraph
shall
not
operate
to
relieve
the
riparian
owner
from
any
liability
to
which
he
may
otherwise
be
subject
arising
out
of
any
nuisance
created
by
the
use
of
such
pumping
plant
and
pipeline
;
(e)
the
provisions
of
section
twenty-five
of
this
Act
shall
mutatis
mutandis
apply
to
and
iii
respect
of
the
entry
on
and
use
of
land
by
the
Construct-
ing
Authority
for
the
purposes
of
this
sub-
section.
(3)
(a)
If
the
Constructing
Authority
considers
it
impracticable
to
provide
alternative
works
in
accord-
ance
with
the
provisions
of
subsection
two
of
this
section
or
if
the
riparian
owner
was
not
making
use
of
a
pumping
plant
for
the
purpose
of
taking
and
using
water
from
the
River,
the
Constructing
Authority
may
sink
and
construct
on
the
land
of
the
riparian
owner
such
bores
or
wells
as
the
Constructing
Authority
may
think
necessary.
(b)
The
provisions
of
Division
3
of
Part
V
of
the
Water
Act,
1912,
as
amended
by
subsequent
Acts,
shall
not
apply
to
or
in
respect
of
the
sinking
of
any
bore
or
well
pursuant
to
the
provisions
of
this
subsection
but
if
the
Minister
for
Public
Works
is
the
Constructing
t
60585-3
Authority
66
Hunter
Valley
Flood
Mitigation
Act.
No.
10,
1956
'
Authority
he
shall
as
soon
as
practicable
after
complet-
ing
the
construction
of
each
such
bore
or
well
furnish
to
the
Commission
in
such
form
as
the
Commission
may
require
such
information
relating
to—
(i)
the
nature
and
thickness
of
the
various
strata
met
with
during
the
construction
of
the
bore
or
well;
(ii)
the
location,
quantities
and
quality
of
all
supplies
of
water
met
with
during
such
construction;
(iii)
the
height
each
such
supply
of
water
stands
relative
to
the
natural
surface
of
the
ground
at
the
site
of
the
bore
or
well;
and
(iv)
the
depth,
diameter
and
other
particulars
of
the
bore
or
well
and
of
any
casing
inserted
in
the
bore
or
well,
as
the
Commission
may
require.
.
(c)
(i)
If
the
riparian
owner
is
dissatisfied
with
the
adequacy,
in
respect
of
number,
location
or
capacity,
of
any
bores
or
wells
constructed
on
his
land
pursuant
to
the
provisions
of
this
subsection
or
with
the
quality
of
the
water
obtained
from
any
such
bores
or
wells
he
may
within
twenty-eight
days
after
the
com-
pletion
of
the
last
of
such
bores
or
wells
refer
the
matter
to
the
Assessment
Board
for
determination.
Such
reference
shall
be
made
in
writing
and
signed
by
the
claimant
and
shall
specify
an
address
for
service
of
notices.
Upon
any
such
reference
being
made
the
Assessment
Board
shall
inquire
into
and
determine
the
matter
and
make
such
order
as
it
may
deem
necessary
in
the
circumstances.
(ii)
The
riparian
owner
may
in
manner
hereinafter
provided
appeal
to
the
Land
and
Valuation
Court
against
any
such
determination
and
order.
(d)
Hunter
Valley
Flood
Mitigation
Act.
67
(d)
The
decision
of
the
Assessment
Board
or,
No.
10,
1956.
if
the
riparian
owner
appeals
to
the
Land
and
Valuation
Court,
the
decision
of
that
court
upon
such
appeal
sluC
I
be
carried
into
effect
by
the
Constructing
Authority.
(e)
The
sinking
and
construction
of
ally
bores
or
wells
in
accordance
with
the
provisions
of
this
subsection
shall
for
all
purposes
be
deemed
to
be
a
work
to
which
this
Act
extends
and
the
provisions
of
sections
nine
and
twenty-five
of
this
Act
shall
apply
to
and
in
respect
thereof
accordingly.
(4)
If—
(a)
alternative
works
are
not
provided
by
the
Con-
structing
Authority
in
accordance
with
the
provisions
of
subsection
two
of
this
section;
or
(b)
bores
or
wells
are
not
sunk
by
the
Constructing
Authority
in
accordance
with
the
provisions
of
subsection
three
of
this
section;
or
(c)
the
quality
of
the
water
obtained
from
any
such
bores
or
wells
is
according
to
the
decision
of
the
Assessment
Board,
or
of
the
Land
and
Valuat
ion
Court
on
appeal,
inadequate,
the
riparian
owner
shall
be
entitled
to
claim
and
be
paid
compensation
in
respect
of
the
deprivation
of
riparirni
rights
caused
by
or
arising
out
of
the
carrying
out
of
the
work
of
river
diversion.
32.
(1)
Every
person
claiming
compensation
under
settlement
the
provisions
of
this
Act,
other
than
compensation
as
i
p
ti
f
o
c
ii
r
l
y"""
provided
in
section
twenty-one
or
subsection
four
of
refeLnco
section
thirty
of
this
Act,
shall
within
ninety
days
after
Assessment
the
doing
of
the
act
in
respect
of
which
the
claim
for
Board.
compensation
arises
serve
on
the
Constructing
Authority
a
notice
in
writing
setting
forth—
(a)
the
nature
of
the
estate
or
interest
of
the
claimant
in
the
land
in
respect
of
which
the
cltjm
for
compensation
arises;
(b)
if
he
claims
in
respect
of
damage,
the
nature
of
the
damage
which
lie
has
sustained
or
will
sustain
by
reason
of
the
doing
of
the
act
out
of
which
the
claim
for
compensation
arises;
and
the
amount
of
compensation
which
he
claims.
The
(c)
68
Huntcr
Vc.
,
12y
Flood
Mitigation
Act.
No.
10,
1956.
The
Constructing
Authority
may
in
any
particular
case
if
the
Constructing
Authority
considers
the
circumstances
so
warrant
extend
the
period
of
ninety
days
hereinbefore
referred
to
either
before
or
after
the
expiration
of
the
said
period.
(2)
(a)
The
Constructing
Authority
shall
as
soon
as
practicable
after
receipt
of
a
notice
of
claim
notify
the
claimant
in
writing
whether
the
Constructing
Authority
agrees
to
the
amount
claimed
as
compensation
or
not.
(b)
if
the
Constructing
Authority
does
not
agree
to
the
amount
claimed
as
compensation
the
Con-
structing
Authority
shall
in
so
notifying
the
claimant
specify
in
such
notice
the
amount
of
compensation
which
the
Constructing
Authority
is
prepared
to
pay.
(3)
If
within
ninety
days
after
service
of
the
notice
referred
to
in
subsection
one
of
this
section
the
claimant
and
the
Constructing
Authority
do
not
agree
as
to
the
amount
of
compensation
the
claimant
may
refer
the
matter
to
the
Assessment
Board
to
determine
such
amount.
Such
reference
shall
be
made
in
writing
and
signed
by
the
claimant
and
shall
specify
an
address
for
service
of
notices.
Upon
any
such
reference
being
made
the
Assessment
Board
shall
inquire
into
and
determine
the
matter.
A
ppeal
to
Land
and
Valuation
Court.
33.
(1)
Any
person
who
is
dissatisfied
with--
(a)
any
determination
of
the
Assessment
Board
pursuant
to
the
provisions
of
subsection
two
of
section
thirty
of
this
Act;
or
(b)
any
determination
of
the
Assessment
Board
pursuant
to
the
provisions
of
section
twenty-
four
or
subsection
three
of
section
thirty-one
or
subsection
three
of
section
thirty-two
of
this
Act,
may
within
twenty-eight
days
after
receipt
of
the
-
notice
referred
to
in
paragraph
(c)
of
subsection
two
of
section
thirty
Hunter
Valley
Flood
Mitigation
Act.
69
thirty
of
this
Act
or
the
announcement
of
the
determina-
No.
10,
1956.
tion
of
the
Assessment
Board,
as
the
case
may
be,
appeal
-
to
the
Land
and
Valuation
Court
against
such
deter-
ruination.
(2)
The
appeal
shall
be
made
as
prescribed
by
rules
of
court
of
the
Land
and
Valuation
Court
and
be
accompanied
by
a
fee
of
five
pounds
as
security
for
the
costs
of
the
appeal.
0)
The
Land
and
Valuation
Court
shall
have
-
jurisdiction
to
hear
and
determine
the
appeal
and
the
decision
of
the
said
court
shall
be
final.
34.
In
determining
the
amount
of
any
compensation
Principles
payable
in
accordance
with
the
provisions
of
this
Act
in
toe
taken
account
the
following
principles
shall
apply:—
in
deter-
mining
com-
pensation.
(a)
there
shall
be
taken
into
consideration
and
given
effect
to
by
way
of
set-off
or
abatement
any
enhancement
in
value
of
the
land
in
respect
of
which
the
claim
for
compensation
arises
directly
or
indirectly
caused
by
any
work
to
which
this
Act
extends
undertaken,
constructed
or
carried
out
by
the
Constructing
Authority
whether
on
or
adjoining
such
land
or
not
but
in
no
case
shall
this
provision
operate
so
as
to
require
any
payment
to
be
made
by
ihe
claimant
to
the
Constructing
Authority
in
consideration
of
such
enhancement
in
value;
(b)
the
measure
of
the
amount
of
compensation
shall
in
all
cases
be
the
direct
pecuniary
injury
to
the
claimant
by
the
loss
of
something
.
of
substantial
benefit
accrued
or
accruing
and
shall
not
include
remote,
indirect
or
speculative
damages.
^!!
:10
el
,
70
Hunter
Valley
Flood
Mitigation
Act.
No.
10,
1956.
35.
Any
compensation
payable
in
accordance
with
When
pay-
the
.
provisions
of
this
Act
shall
be
paid
by
the
Construct
,
meat
of
mg
Authority
to
the
claimant
or
to
his
agent
duly
compensation
to
be
made.
authorised
in
that
behalf
and
such
payment
shall
be
made—
(a)
where
the
Constructing
Authority
and
the
claimant
agree
on
the
amount
of
such
compensa-
tion—within
thirty
days
after
such
agreement;
(b)
where
the
amount
has
been
determined
by
the
Assessment
Board
and
no
appeal
has
been
lodged
against
the
decision
of
the
Assessment
Board—within
thirty
days
after
the
expiration
of
the
period
within
which
such
appeal
could
have
been
lodged
;
(c)
in
every
other
case—within
thirty
days
after
the
decision
of
the
Land
and
Valuation
Court.
Recovery
of
com-
pensation.
36.
Any
amount
payable
to
a
claimant
as
compensa-
tion
in
accordance
with
the
provisions
of
this
Act
may
be
recovered
from
the
Constructing
Authority
as
a
debt
in
any
court
of
competent
jurisdiction.
PART
V.
FINANCE.
Cost
of
works.
37.
The
Trust
shall
be
liable
to
contribute
one-quarter
of
the
cost
of
the
construction,
carrying
out,
operation
and
maintenance
of
any
work
to
which
this
Act
extends
undertaken
constructed
or
carried
out
by
the
Construct-
ing
Authority
and
of
the
amount
of
any
compensation
payable
by
the
Constructing
Authority
in
accordance
with
the
provisions
of
this
Act.
The
provisions
of
this
section
shall
not
apply
in
any
case
where
the
Trust
is
liable
to
make
contribution
under
section
thirty-eight
or
thirty-nine
of
this
Act.
38.
Hunter
Valley
Flood
Mitigation
Act.
71
38.
Where
a
work
to
which
this
Act
extends
is
under-
No.
10,
1956.
taken
constructed
or
carried
out
by
the
Constructing
Cost
of
Authority
for
the
purpose
of
protecting
or
partially
works
to
protecting
a
town
or
village
from
flooding
or
inundation
toga
t
a
n
d
and
such
work
has
been
so
undertaken
constructed
or
villages.
carried
out
at
the
request
or
with
the
concurrence
of
the
council
of
the
local
government.
area
within
which
such
town
or
village
is
situated—
(a)
such
council
shall
be
liable
to
contribute
such
percentage
not
exceeding
twelve
per
centum
of
the
cost
of
the
construction,
carrying
out
and
maintenance
of
such
work
and
of
the
amount
of
any
compensation
payable
by
the
Construcling
Authority
in
accordance
with
the
provisions
of
this
Act
for
or
in
respect
of
or
arising
out
of
the
construction,
carrying
out
and
maintenance
of
such
work,
as
the
Constructing
Authority
having
regard
to
the
circumstances
may
determine;
and
(b)
the
Trust
shall
be
liable
to
contribute
one-
quarter
of
the
balance
of
the
cost
of
the
construc-
tion,
carrying
out
and
maintenance
of
such
work
and
of
the
amount
of
any
compensation
payable
by
the
Constructing
Authority
as
aforesaid.
39.
(1)
In
this
section
"protective
work"
means
a
Contribu-
work
which
operates
to
protect
or
partially
protect
any
to
w
ards
works
vested
in
or
otherwise
under
the
control
of
any
cost
of
Department
of
the
Government,
statutory
body
or
council
works
t
t
to
against
flooding
or
inundation
by
the
waters
of
the
River
P
pu
ro
blZ
and
or
waters
overflowing
from
the
River
or
against
the
local
govern
ment
effects
of
any
such
flooding
or
inundation
or
against
Iyoks,
etc..
becoming
or
being
liable
to
become
endangered
by
the
effects
of
river
hank
erosion
or
potential
river
hank
erosion.
(2)
(a)
Where
the
Constructing
Authority
is
of
the
opinion
that
any
work
which
the
Constructing
Authority
proposes
ender
the
authority
of
this
Act
to
undertake,
construct
or
carry
out
will
be
a
protective
work
the
Constructing
Authority
may
call
upon.
the
appropriate
Department
of
the
Government,
statutory
body
72
Hunter
Valley
Flood
Mitigation
Act.
No.
10,
1956
'
body
or
council
to
contribute
towards
the
cost
of
the
protective
work
such
amount
as
may
be
mutually
agreed
upon
and
such
Department,
statutory
body
or
council
shall
as
soon
as
practicable
after
agreement
has
been
so.
reached
pay
to
the
Constructing
Authority
the
amount
of
such
contribution.
(b)
Any
amount
paid
to
the
Constructing
Authority
pursuant
to
the
provisions
of
this
subsection
shall
be
paid
by
the
Constructing
Authority
into
the
Treasury
and
carried
to
the
Account.
(c)
The
Trust
shall
be
liable
to
contribute
one-quarter
of—
(i)
the
balance
of
the
cost
of
the
protective
work;
(ii)
the
cost
of
maintenance
of
the
protective
work;
and
(iii)
the
amount
of
any
compensation
payable
by
the
Constructing
Authority
in
accordance
with
the
provisions
of
this
Act
for
or
in
respect
of
or
arising
out
of
the
construction,
carrying
out
and
maintenance
of
the
protective
work.
(3)
If
the
Constructing
Authority
and
a
council
are
unable
to
agree
upon
the
amount
of
the
contribution
to
be
made
by
such
council
pursuant
to
the
provisions
of
subsection
two
of
this
section
the
difference
shall
be
determined
in
the
manner
provided
in
section
six
hundred
and
fifty-four
of
the
Local
Government
Act,
1919,
as
amended
by
subsequent
Acts,
and
for
the
purpose
of
this
subsection
any
such
difference
shall
be
deemed
to
be
a
difference
which
the
parties
have
agreed
to
submit
to
the
Minister
for
Local
Government
for
determination
in
the
manner
provided
in
the
said
section
six
hundred
and
fifty-four.
(4)
Where
any
works
are
undertaken,
constructed
or
carried
out
or
are
proposed
to
be
undertaken,
con-
structed
or
carried
out
by
a
Department
of
the
Govern-
ment,
statutory
body
or
council
for
the
protection
or
partial
Hunter
Valley
icol
riliCgalion
Act.
73
partial
protection
of
any
works
vested
in
or
otherwise
No.
under
the
control
of
such
Department,
statutory
body
or
council,
against
flooding
or
inundation
by
the
waters
or
the
River
or
waters
overflowing
from
the
River
or
again
st
the
effects
of
any
such
flooding
or
inundation
or
against
becoming
or
being
liable
to
become
endangered
by
the
effects
of
river
bank
erosion
or
potential
river
bank
erosion
and
the
Constructing
Authority
is
of
the
opinion
that
having
regard
to
all
the
circumstances
a
contribution
towards
the
cost
of
the
works
undertaken,
constructed
or
carried
out
or
proposed
to
be
undertaken,
constructed
or
carried
out
by
such
Department,
statutory
body
or
council
is
warranted,
the
Constructing
Authority
may
contribute
towards
such
cost
such
amount
as
it
deems
fit.
(5)
The
Trust
shall
be
liable
to
bear
and
pay
one-quarter
of
the
amount
of
any
contribution
made
pursuant
to
the
provisions
of
subsection
four
of
this
section.
10,
1956.
40.
(1)
Subject
to
the
provisions
of
this
section
the
Contribution
Trust
shall
be
liable
to
pay
and
shall
pay
to
the
Con-
co
t
T
o
rl
f
i
st
to
structing
Authority
in
each
financial
year
as
hereinafter
works;
provided,
on
account
of
its
liability
for
contribution
in
nr
o
ve
accordance
with
the
provisions
of
sections
thirty-seven,
to
be
submitted
thirty-eight
and
thirty-nine
of
this
Act
such
amount
Trost.
7
as
represents
the
sum
of—
(a)
one-quarter
of—
(i)
the
amount
of
the
estimated
cost
of
any
works
or
portion
thereof
proposed
fo
be
undertaken,
constructed
or
carried
out
and
completed
by
the
Constructing
Authority
during
that
-
financial
year;
and
(ii)
the
estimated
amount
of
any
compen-
sation
likely
to
be
payable
during
the
financial
year
for
or
in
respect
of
or
arising
out
of
the
foregoing;
(b)
-74
Heater
Valley
Flood
Mitigation
Act.
No.
10,
1956.
(b)
one-quarter
of
the
amount
of
the
estimated
cost
of
maintenance
work
in
respect
of
works
previously
completed
which
the
Constructing
Authority
considers
should
be
undertaken
during
that
financial
year;
(c)
one-quarter
of
the
estimated
amount
of
any
other
compensation
payable
or
to
become
pay-
able
by
the
Constructing
Authority
during
that
financial
year;
(d)
one-quarter
of
the
estimated
amount
of
any
contribution
to
be
made
or
proposed
or
likely
to
be
made
by
the
Constructing
Authority
during
that
financial
year
pursuant
to
the
provisions
of
subsection
four
of
section
thirty-
nine
of
this
Act
:
Provided
that
in
calculating
the
Trust's
liability
under
this
subsection—
(i)
if
any
of
the
works
referred
to
in
paragraph
(a)
or
(b)
of
this
subsection
is
a
work
in
respect
of
which
a
council
is
required
to
contribute
in
accordance
with
the
provisions
of
section
thirty-
eight
of
this
Act
or
if
any
compensation
referred
to
in
paragraph
(c)
of
this
subsection
is
com-
pensation
payable
in
respect
of
any
such
last-
mentioned
work,
there
shall
first
be
deducted
from
the
amount
of
the
estimated
cost
as
referred
to
in
paragraph
(a)
or
(b)
of
this
subsection
or
the
estimated
amount
of
com-
pensation
as
referred
to
in
paragraph
(e)
this
subsection
the
amount
which
the
council
has
been
or
will
be
required
to
pay
to
the
Constructing'
Authority
in
respect
thereof
durim2:
the
financial
year
in
accordance
with
the
provisions
of
sections
forty-two
and
forty-three
o
f
thi
s
Act
;
or
Hunter
Valley
Flood
Mitigation
Act.
75
(ii)
if
any
of
the
works
referred
to
in
paragrapi.
No.
10,
1956.
(a)
of
this
subsection
is
a
work
in
respect
of
which
a
contribution
has
been
or
will
be
received
from
a
Department
of
the
Government,
statutory
body
or
council
in
accordance
with
the
provisions
of
subsection
two
of
section
thirty-nine
of
this
Act,
there
shall
first
be
deducted
from
the
estimated
cost
as
referred
to
in
paragraph
(a)
of
this
subsection
the
amount
of
the
contribution
which
has
been
or
will
be
so
received
during
the
financial
year;
and
(iii)
there
shall
be
deducted
any
amount
which
the
Trust
has
paid
to
the
Constructing
Authority
pursuant
to
the
provisions
of
this
subsection
during
the
previous
financial
year
which
remained
unexpended
at
the
close
of
the
said
previous
financial
year.
(2)
The
estimates
referred
io
in
this
section
shall
be
made
by
time
Constructing
Authority
whose
decision
in
regard
thereto
shall
be
final.
(3)
The
Constructing
Authority
shall
before
the
beginning
of
each
financial
year
or
as
soon
as
practicable
after
such
beginning
submit
to
the
Trust
for
its
concur-
rence
a
programme
of
the
works
which
the
Constructing
Authority
proposes
to
undertake,
construct
or
carry
out
during
that
financial
year.
(4)
Such
programme
of
works
shall
he
accom-
panied
by
a
statement
setting
forth:—
(a)
the
total
amount
which
the
Trust
will
be
liable
to
pay
in
the
financial
year
in
accordance
with
the
provisions
of
subsection
one
of
this
section
;
and
(h)
such
other
particulars
as
may
be
prescribed.
(5)
The
Trust
shall
with
all
due
despatch
give
consideration
to
the
programme
of
works
so
submitted
and
shall
inform
the
Constructing
Authority
whether
or
not
it
concurs
in
such
programme.
(G)
:'76
Hunter
Valley
Flood
Mitigation
Act.
.No.
10,
1956.
(6)
(a)
if
any
difference
arises
between
the
Constructing
Authority
and
the
Trust
as
to
the
programme
of
works
proposed
to
be
undertaken,
con-
structed
or
carried
out
by
the
Constructing
Authority
the
Constructing
Authority
shall
forthwith
submit
such
difference
to
the
Minister
for
Conservation
who
may
refer
the
matter
for
inquiry
to
some
person
appointed
by
him
in
that
behalf,
or
may
himself
make
such
inquiry.
(b)
The
Minister
for
Conservation
may
thereupon
make
such
determination
as
in
the
circum-
stances
of
the
case
may
seem
to
him
proper.
(c)
Any
such
determination
shall
be
final
and
shall
be
given
effect
to
by
the
Trust
and
the
Constructing
Authority.
(c1)
In
making
any
such
determination
there
shall
be
taken
into
consideration
the
ability
of
the
Trust
to
meet
from
its
resources
its
commitment
pursuant
to
the
provisions
of
subsection
one
of
this
section
as
shown
in
the
statement
referred
to
in
subsection
four
of
this
section
and
any
other
commitments
into
which
the
Trust
may
have
entered
or
may
propose
to
enter
in
respect
of
the
exercise
of
its
powers,
authorities,
duties
and
functions
under
the
Hunter
Valley
Conservation
Trust
Act,
1950,
as
amended
by
subsequent
Acts.
Payment
of
contribution
by
Trust.
41.
(1)
Upon
the
Trust
having
informed
the
Con-
structing
Authority
of
its
concurrence
in
the
programme
of
works
proposed
to
be
undertaken
by
the
Constructing
Authority
during
a
financial
year,
or,
in
case
of
any
difference
having
arisen
between
the
Trust
and
the
Constructing
Authority
in
respect
thereof,
upon
the
Minister
for
Conservation
having
made
a
determination
in
respect
of
such
difference
in
accordance
with
the
provisions
of
subsection
six
of
section
forty
of
this
Act,
the
Trust
shall
pay
to
the
Constructing
Authority
at
such
times
and
in
such
instalments
as
the
Constructing
Authority
may
determine
the
amount
which
pursuant
to
the
provisions
of
subsection
one
of
section
forty
of
this
Act
the
Trust
is
liable
to
pay
during
that
financial
year
as
shown
in
the
statement
referred
to
in
subsection
four
of
Hunter
Valley
Flood
Mitigation
Act.
77
of
section
forty
of
this
Act
or,
where
that
amount
bus
No.
10,
1956
'
been
varied
by
reason
of
any
determination
made
by
the
Minister
for
Conservation
in
accordance
with
the
provisions
of
subsection
six
of
section
forty
of
this
Act,
the
amount
as
so
varied.
(2)
The
amount
paid
to
the
Constructing
Authority
by
the
Trust
pursuant
to
the
provisions
of
subsection
one
of
this
section
shall
be
paid
by
the
Constructing
Authority
into
the
Treasury
and
carried
to
an
account
to
be
opened
in
the
Special
Deposits
Account
of
the
Treasury
entitled
the
Hunter
Valley
Flood
Mitigation
Working
Account
from
which
Account
so
opened
may
be
made
in
such
manner
as
the
Colonial
Treasurer
determines
any
payments
which
the
Con-
structing
Authority
is
required
to
make
under
or
for
the
purposes
of
this
Act.
42.
(1)
(a)
Where,
in
accordance
with
the
provisions
Payment
of
of
section
thirty-eight
of
this
Act,
a
council
is
liable
to
towards
eouto
ioent
contribute
to
the
cost
of
the
undertaking,
construction
or
of
works
carrying
out
of
any
work
and
the
amount
of
any
com-
b
y
a
ammo.
pensation
payable
for
or
in
respect
of
or
arising
out
of
such
undertaking,
construction
or
carrying
out,
the
council
shall
be
liable
to
pay
and
shall
pay
to
the
Constructing
Authority
as
hereinafter
provided,
on
account
of
its
liability
for
contribution
in
accordance
with
the
provisions
of
the
said
section,
the
same
percent-
age
of
the
estimated
cost
of
the
undertaking,
construc-
tion
or
carrying
out
of
such
work
and
of
the
estimated
amount
of
any
compensation
likely
to
be
payable
for
or
in
respect
of
or
arising
out
of
the
foregoing
as
the
council
is
liable,
in
accordance
with
the
provisions
of
the
said
section,
to
contribute
to
the
cost
of
the
undertaking,
construction
or
carrying
out
of
such
work
and
the
amount
of
any
compensation
payable
for
or
in
respect
of
or
arising
out
of
such
undertaking,
construction
or
carrying
out.
(b)
The
estimates
referred
to
in
this
section
shall
be
made
by
the
Constructing
Authority
whose
decision
in
regard
thereto
shall
be
final.
(2)
78.
Hunter
Valley
Flood
Mitigation
Act.
No.
10,
4956.
(2)
Where
a
council
requests
the
Constructing
Authority
to
undertake,
construct
or
carry
out
a
work
to
which
this
Act
extends
in
respect
of
which
the
council
is,
in
accordance
with
the
provisions
of
section
thirty-
eight
of
this
Act,
liable
to
contribute
to
the
cost,
or
where
the
Constructing
Authority
requests
the
con-
currence
of
the
council
in
the
undertaking,
construction
or
carrying
out
by
the
Constructing
Authority
of
any
such
work,
the
Constructing
Authority
shall
furnish
the
council
with
a
statement
setting
forth:—
(a)
the
estimated
cost
of
such
work
and
of
any
compensation
likely
to
be
payable
by
the
Con-
structing
Authority
for
or
in
respect
of
or
arising
out
of
the
undertaking,
construction
or
carrying
out
of
such
work;
(b)
the
estimated
annual
cost
of
maintenance
of
the
work
and
of
any
compensation
likely
to
be
payable
by
the
Constructing
Authority
for
or
in
respect
of
or
arising
out
of
such
maintenance;
(c)
the
percentage
which,
in
accordance
with
the
provisions
of
section
thirty-eight
of
this
Act,
the
Constructing
Authority
has
determined
that
the
council
should
contribute
to
the
cost
of
the
undertaking,
construction
or
carrying
out
and
maintenance
of
such
work
and
the
amount
of
any
compensation
payable
by
the
Constructing
Authority
for
or
in
respect
of
or
arising
out
of
the
undertaking,
construction
or
carrying
out
and
maintenance
of
such
work
;
and
(d)
the
amount
which
the
council
will
be
liable,
in
accordance
with
the
provisions
of
subsection
one
of
this
section,
to
pay.
(:;)
The
council
shalt
give
consideration
to
the
statement
so
furnished
and
shall
inform
the
Constructing
Authority
whether
or
not
it
concurs
in
the
work
being
undertaken,
constructed
or
carried
out.
(4)
Hunter
Valley
Flood
Mitigation
Act.
79
(4)
If
the
council
informs
the
Constructing
No.
1
%
195
S•
Authority
that
it
concurs
in
the
work
being
undertaken,
constructed
or
carried
out
the
council
shall
within
one
month
thereafter
or
within
such
further
period
as
the
Constructing
Authority
may
allow
pay
to
the
Construct-
ing
Authority
the
amount
which,
pursuant
to
the
provisions
of
subsection
one
of
this
section,
the
council
is
liable
to
so
pay
as
shown
in
the
statement
referred
to
in
subsection
two
of
this
section.
(5)
When
any
work
in
respect
of
which
a
council
is
required
to
contribute
in
accordance
with
tlia
provisions
of
section
thirty-eight
of
this
Act
has
been
completed
and
all
claims
for
compensation
in
respect
of
or
arising
out
of
such
work
have
been
settled
the
Constructing
Authority
shall
determine
the
total
amount
paid
in
respect
of
such
work
and
such
compensation
and
the
percentage
of
the
total
amount
so
determined
which
the
council
is
required
to
contribute
in
accordance
with
the
provisions
of
the
said
section
and
shall
notify
the
council
accordingly.
(6)
If
the
amount
paid
by
the
council
in
accordance
with
the
provisions
of
subsection
four
of
this
section
exceeds
the
percentage
referred
to
in
subsection
five
of
this
section,
the
Constructing
Authority
shall
forthwith
repay
to
the
council
the
amount
of
such
excess.
(7)
If
the
amount
paid
by
the
council
in
accordance
with
the
provisions
of
subsection
four
of
this
section
is
less
than
the
percentage
referred
to
in
sub-
section
five
of
this
section
the
council
shall
not
later
than
one
month
after
the
first
day
of
January
next
following
the
notification
to
the
council
of
such
poi.-
centage
or
within
such
further
period
as
the
Construct-
ing
Authority
may
allow
pay
to
the
Constructing
Authority
the
amount
of
such
deficiency.
(8)
Any
amount
paid
to
the
Constructing
Authority
by
a
council
pursuant
to
the
provisions
of
subsections
four
and
seven
of
this
section
shall
be
paid
by
the
Constructing
Authority
into
the
Treasury
and
carried
to
the
Account.
13.
SO
Hunter
Valley
Flood
Mitigation
Act.
No.
10,
4956.
43.
(1)
(a)
Where,
in
accordance
with
the
provisions
Payment
of
of
section
thirty-eight
of
this
Act,
a
council
is
li
a
bl
e
t
o
contribution
contribute
to
the
cost
of
maintenance
of
any
work
and
maintenance
the
amount
of
any
compensation
payable
for
or
in
resp
ec
t
by
a
of
or
arising
out
of
such
maintenance,
the
council
shall
council.
be
liable
to
pay
and
shall
pay
to
the
Constructing
Authority
in
each
financial
year
as
hereinafter
provided,
on
account
of
its
liability
for
such
contribution
the
same
percentage
of
the
estimated
cost
of
any
maintenance
of
such
work
which
the
Constructing
Authority
considers
should
be
undertaken
during
the
financial
year
and
of
the
estimated
amount
of
any
compensation
likely
to
be
payable
during
the
financial
year
for
or
in
respect
of
or
arising
out
of
such
maintenance
or
any
maintenance
of
such
work
undertaken
during
a
previous
financial
year
as
the
council
is
liable,
in
accordance
with
the
provisions
of
the
said
section,
to
contribute
to
the
cost
of
main-
tenance
of
such
work
and
the
amount
of
any
com-
pensation
payable
for
or
in
respect
of
or
arising
out
of
such
maintenance
:
Provided
that
in
calculating
the
council's
liability
under
this
subsection
in
respect
of
any
financial
year
there
shall
be
deducted
any
amount
which
the
council
has
paid
to
the
Constructing
Authority
in
respect
of
such
work
pursuant
to
the
provisions
of
this
subsection
during
any
previous
financial
year
and
which
remained
unexpended
at
the
close
of
the
immediately
preceding
financial
year.
(b)
The
estimates
referred
to
in
this
section
shall
be
made
by
the
Constructing
Authority
whose
decision
in
regard
thereto
shall
be
final.
(2)
The
Constructing
Authority
shall
before
the
beginning
of
each
financial
year
furnish
the
council,
in
respect
of
each
work
referred
to
in
subsection
one
of
this
section,
with
a
statement
setting
forth
:--
(a)
the
amount
which
the
council
will
be
liable
to
pay
in
accordance
with
the
provisions
of
sub-
section
one
of
this
section
for
that
financial
year;
and
(b)
such
other
particulars
as
may
he
prescribed.
(3)
Hunter
Valley
Flood
Mitigation
Act.
Si
(3)
The
council
shall
within
one
month
after
No.
10,
1956
.
receipt
of
the
statement
referred
to
in
subsection
two
of
this
section
or
within
such
further
period
as
the
Con-
structing
Authority
may
allow
pay
to
the
Contructing
Authority
the
amount
which
pursuant
to
the
provisions
of
subsection
one
of
this
section
the
council
is
liable
to
so
pay
as
shown
in
the
said
statement.
(4)
Any
amount
paid
to
the
Constructing
Authority
by
a
council
in
accordance
with
the
provisions
of
subsection
three
of
this
section
shall
be
paid
by
the
Constructing
Authority
into
the
Treasury
and
carried
to
the
Account.
44.
(1)
If
in
the
opinion
of
the
Constructing
Urgent
Authority
the
necessity
arises
in
any
financial
year
to
wmotstenance
undertake
as
a
matter
of
urgency
maintenance
in
respect
of
any
work
undertaken,
constructed
or
carried
out
under
the
authority
of
this
Act,
the
Constructing
Authority
may,
notwithstanding
that
such
maintenance
has
not
been
included
in
the
programme
of
works
referred
to
in
sub-
section
three
of
section
forty
of
this
Act
or
has
not
been
included
in
any
statement
furnished
to
a
council
in
accordance
with
the
provisions
of
subsection
two
of
sec-
tion
forty-three
of
this
Act,
as
the
case
may
be,
undertake
and
carry
out
such
maintenance.
(2)
When
such
maintenance
has
been
completed
and
all
claims
for
compensation
for
or
in
respect
of
or
arising
out
of
such
maintenance
have
been
settled,
the
Constructing
Authority
shall
determine
the
total
amount
paid
in
respect
of
such
maintenance
and
of
such
compensation
and---
(a)
if
the
maintenance
was
undertaken
in
respect
of
a
work
to
which
section
thirty-eight
of
this
Act
applies—notify
the
council
and
the
Trust
of
the
respective
amounts
which
the
council
and
the
Trust
are
required
to
contribute
in
accor-
dance
with
the
provisions
of
that
section
;
(b)
82
Hunter
Valley
Flood
Mitigation
Act.
No.
10,
1956.
(b)
in
every
other
case—notify
the
Trust
of
the
amount
which
the
Trust
is
required
to
contri-
bute
in
accordance
with
the
provisions
of
section
thirty-seven
of
this
Act.
(3)
The
Trust
shall
within
one
month
after
receipt
of
any
notification
forwarded
to
the
Trust
pursuant
to
the
provisions
of
subsection
two
of
this
section
pay
to
the
Constructing
Authority
the
amount
set
out
in
such
notification.
(4)
If
any
notification
is
forwarded
to
a
council
pursuant
to
the
provisions
of
subsection
two
of
this
section
such
council
shall
within
one
month
after
the
first
day
of
January
next
following
the
receipt
of
such
notification
or
within
such
further
period
as
the
Constructing
Authority
may
allow
pay
to
the
Construct-
ing
Authority
the
amount
set
out
in
such
notification.
(5)
Any
moneys
paid
to
the
Constructing
Authority
by
the
Trust
or
a
council
in
accordance
with
the
provisions
of
subsection
three
or
four
of
this
section
shall
be
paid
by
the
Constructing
Authority
into
the
Treasury
and
carried
to
the
Account.
PART
VI.
MISCELLANEOUS
AND
GENERAL.
Works
to
protect
public
and
local
government
works,
etc.,
to
be
approved
by
Constructing
Authority.
45.
(1)
In
this
section:—
"Protective
works"
means
works
for
the
protection
or
partial
protection
of
any
works
vested
in
or
otherwise
under
the
control
of
a
Depart-
ment
of
the
Government,
statutory
body
or
council,
against
flooding
or
inundation
by
the
waters
of
the
River
or
waters
overflowing
from
the
River
or
against
the
effects
of
any
such
flooding
or
inundation
or
against
becoming
or
being
liable
to
become
endangered
by
the
effects
of
river
bank
erosion
or
potential
river
bank
erosion.
Hunter
Valley
Flood
Mitigation
Act.
83
(2)
Where
any
Department
of
the
Government,
No.
10,
1956.
statutory
body
or
council
proposes
to
undertake,
con-
struct
or
carry
out
any
protective
works
such
Depart-
ment,
statutory
body
or
council
shalt
not
undertake,
construct
or
carry
out
such
protective
works
unless
the
Constructing
Authority
has
approved
of
the
site,
nature,
dimensions
and
design
of
such
protective
works.
(3)
In
giving
its
approval
the
Constructing
Authority
may
require
such
amendment
of
the
site,
nature,
dimensions
or
design
of
such
protective
works
as
the
Constructing
Authority
may
deem
necessary
and
such
Department,
statutory
body
or
council
shall
comply
with
such
requirement
accordingly.
(4)
The
Constructing
Authority
may
by
notice
in
writing
require
the
Department,
statutory
body
or
council
by
which
any
protective
works
have
been
under-
taken,
constructed
or
carried
out,
whether
such
pro-
tective
works
have
been
so
undertaken,
constructed
or
carried
out
before
or
after
the
commencement
of
this
Act
and
whether
or
not
any
contribution
was
made
by
the
Constructing
Authority
towards
the
cost
of
such
protective
works
under
the
provisions
of
subsection
four
of
section
thirty-nine
of
this
Act,
to
take
such
measures
for
the
proper
upkeep,
preservation
and
maintenance
of
such
protective
works,
and
in
such
manner
and
within
such
time
as
may
be
specified
in
such
notice,
as
the
Constructing
Authority
may
deem
necessary
and
such
Department,
statutory
body
or
council
shall
comply
with
the
terms
of
any
such
notice
accordingly.
(5)
If
any
statutory
body
or
council
fails
to
comply
with
the
terms
of
any
notice
given
pursuant
to
the
provisions
of
subsection
four
of
this
section,
the
Constructing
Authority
may
authorise
any
person
to
enter
upon
the
land
on
which
the
protective
works
in
respect
of
which
such
notice
has
been
given
are
located
and
there
to
carry
out
the
measures
specified
in
such
notice
and
may
recover
any
cost
incurred
in
so
doing
from
such
statutory
body
or
council
in
any
court
of
competent
jurisdiction
as
a
debt
due
and
owing
to
the
Constructing
Authority.
46.
84
Hunter
Valley
Flood
Mitigation
Act.
No.
10,
1956.
46.
Any
person
who
destroys,
damages
or
interferes
Levee
banks
in
any
way
with
or
does
any
act
which
may
tend
to
not
to
be
destroy,
damage
or
interfere
with
:—
interfered
with.
(a)
any
levee
bank
vested
in
or
made,
constructed
or
provided
by,
or
under
the
maintenance
and
control
of
the
Constructing
Authority;
or
(b)
any
privately
owned
levee
bank,
other
than
a
levee
bank
the
maintenance
and
control
of
which
has
been
taken
over
by
the
Constructing
Authority
under
section
fourteen
of
this
Act,
shall,
unless
in
the
case
of
a
levee
bank
to
which
para-
graph
(a)
of
this
section
applies
he
is
acting
under
the
authority
of
the
Constructing
Authority
or
in
any
other
case
he
is
the
owner
thereof,
be
guilty
of
an
offence
and
shall
on
summary
conviction
be
liable
to
a
penalty
not
exceeding
one
hundred
pounds
or
to
imprisonment
not
exceeding
three
months
and
in
addition
shall
be
liable
to
pay
the
value
of
any
loss
or
damage
caused
by
the
offence.
Damage
to
or
inter-
ference
with
works.
47:
Any
person
who,
except
under
the
authority
of
the
Constructing
Authority,
destroys,
damages
or
interferes
in
any
way
with
or
does
any
act
which
may
tend
to
destroy,
damage
or
interfere
in
any
way
with
any
work,
structure,
or
other
thing
which
pursuant
to
the
provisions
of
this
Act
is
being
or
has
been
carried
out,
constructed,
erected,
placed,
planted
or
undertaken
by
the
Constructing
Authority
on
any
lands
or
the
bank
of
the
River
or
on
or
in
the
River
shall
be
guilty
of
an
offence
and
shall
on
summary
conviction
be
liable
for
a
first
offence
to
a
penalty
not
exceeding
fifty
pounds
and
for
any
subsequent
offence
to
a
penalty
not
exceeding
one
hundred
pounds
and
in
addition
shall
be
liable
to
pay
the
value
of
any
loss
or
damage
caused
by
the
offence.
Debris,
etc.,
not
to
be
returned
to
river.
48.
A
ny
person
who,
except
under
the
authority
of
the
Constructing
Authority,
returns
or
causes
to
he
returned
to
the
River
or
to
any
part
of
the
bed
or
banks
of
the
River
any
soil,
sand,
shingle,
gravel,
trees,
branches
Hunter
Valley
Flood
Mitigation
Act.
85
branches
or
debris
of
any
kind
deposited
on
land
by
flood
No.
10,
1956.
waters
from
the
River
flowing
on
to
or
over
that
land
shall
be
guilty
of
an
offence
against
this
Act.
49.
(1)
The
owner
of
any
lands
within
the
Hunter
Damage
to
Valley
on
which
is
constructed
or
erected
a
levee
bank,
l
b
eZ
is
e.,
whether
such
levee
bank
was
so
constructed
or
erected
stock
or
by
the
Constructing
Authority
or
not,
shall
repair
and
rabbits.
make
good
any
damage
occasioned
to
that
levee
bark
by
stock
or
rabbits.
(2)
If
default
is
made
by
any
owner
in
complying
with
the
provisions
of
subsection
one
of
this
section
the
Constructing
Authority
may
by
notice
in
writing
direct
such
owner
to
repair
and
make
good
such
damage
within
such
time
as
may
be
specified
in
such
notice.
(3)
If
any
owner
fails
to
comply
with
the
terms
of
any
notice
given
him
pursuant
to
the
provisions
or
subsection
two
of
this
section
the
Constructing
Authority
may
authorise
any
person
to
enter
the
lands
to
which
the
notice
relates
and
repair
and
make
good
such
damage
and
may
recover
any
cost
incurred
in
so
doing
from
such
owner
in
any
court
of
competent
jurisdiction
as
a
debt
due
and
owing
by
him
to
the
Constructing
Authority.
50.
(1)
if
iii
the
opinion
of
the
Constructing
Major
Authority
any
floodgate
constructed
or
installed
within
fi
tolign
tog
the
Hunter
Valley
operates
for
the
protection
of
lands
maintained
within
a
local
government
area
other
than
lands
owned
ope
find
rated
by
by
one
landholder
or
a
small
localised
group
of
land-
councils.
holders,
the
Constructing
Authority
may
by
notice
in
writing
to
the
council
of
the
local
government
area
within
which
such
floodgate
is
located
declare
such
floodgate
to
be
a
major
floodgate.
(2)
Where
any
declaration
is
made
pursuant
to
the
provisions
of
subsection
one
of
this
section
it
shall
be
the
duty
of
the
council
of
the
local
government
area
within
which
the
major
floodgate
referred
to
in
such
declaration
88
Hunter
Valley
Flood
Mitigation
Act.
No.
10,
1956
.
declaration
is
located
thereafter
to
keep
such
floodgate
at
all
times
in
a
good
and
proper
state