Soil Conservation and Rivers Control Act 1941
012
Commenced: 29 Sep 1941; 1 Apr 1964, s. 115A; 7 Dec 1945, Statutes Amendment Act 1945; 12 Oct 1946, Soil Conservation and Rivers Control Amendment Act 1946; 25 Nov 1947, Finance Act (No. 2) 1947; 19 Nov 1948, Soil Conservation and Rivers Control A
ANALYSIS
Index
Analysis
Title
1 Short Title
2 Interpretation
I: National Water and Soil Conservation Authority
_3__4__4A__5_9 untitled record
10 Objects for which Authority is established
11 Functions of the Authority
12 Authority to have powers of Commission of Inquiry
13 Catchment territory, catchment areas, and Catchment Commissions
14 Regulation of certain operations in catchment areas
15 Offences against regulations
16 Soil conservation reserves
17 Offences in relation to soil conservation reserves
18 Unbranded animals trespassing in soil conservation reserves
19 Acquisition of other land
20 Disposal of land not required
21 Surveys and inspections
22 Powers of Authority as to watercourses and defences against water
23 Incidental powers of Authority
23A Delegation of Work
23AA Delegation of powers and functions to Catchment Commission
23B Administrative rates in catchment areas
24 Local authorities may contribute towards cost of works
24A Financing local authority's share of cost of words it undertakes by agreement with Authority
25 Contribution by landowners to cost of works
26 Exercise by Authority of powers of Catchment Board or other authority in default
27 Recovery by Authority of cost
28 Authority may empower Valuer-General to raise the amount due by means of rates
29 Repeal
30 Grants and loans by Authority
30A Land improvement agreements
31 Expenditure to be appropriated by Parliament and receipts to be paid to Public Account
32 Contracts and consents by Authority
33 Annual report of Authority
33A Authority or Tribunal to hear disputes, etc.
33B Appeal on a question of law
33C Notice of appeal
33D Right to appear and be heard on appeals
33E Orders relating to determination of appeals
33F Dismissal of appeal
33G Appeal in respect of additional point of law
33H Extension of time
33I Date of hearing
33J Appeals to Court of Appeal
II: Catchment Districts
34 Constitution of catchment districts
35 Union of districts
36 Property, etc., of original districts to vest in united district
37 Alteration or abolition of districts
37A Constitution, alteration, or abolition of districts
38 Financial arrangements on alteration or abolition of districts
39 Creditors not affected by alteration or abolition of districts
III: Catchment Boards
40 Catchment Boards
41 Constitution of Boards
42 Combined districts
42A Ward or group of wards may be declared separate constituent district
43 Alteration of constituent districts not to affect constitution of Board
Appointments and Elections of Members of Boards
44 Appointment of non-elective members
45 Election of members for constituent districts
46 Election of members for combined districts
47 untitled record
48 untitled record
49 Date of first election of Board
50 untitled record
51 untitled record
52 untitled record
53 Qualification of elective members
Disqualification and Vacancies
54 Disqualification for election as member of Board
55 Vacation of office by members
56 Filling of extraordinary vacancies
Ouster of Office
57 Ouster of office
The Chairman
58 Chairman to be elected by Board
59 untitled record
IV: Proceedings of Boards
60 Majority of Board to determine questions before the Board
61 Questions decided by open voting
62 Chairman to preside at meetings
63 untitled record
64 First meetings of Boards
65 Annual and ordinary meetings of Boards
66 Special meetings
67 Adjournment and postponement of meetings
68 Meetings to be open
69 Business at ordinary meetings
70 Extraordinary business
71 Revocation of resolutions
72 Committees
73 Proceedings not invalid by reason of irregularities in election of members, etc.
74 Regulating the conduct of business
Minutes
75 Minutes of meetings
Special Orders
76 Making of special orders
77 Evidence of special orders
78 Proceedings to quash special orders
Public Offices
79 Public offices
Officers
80 Board may appoint officers
81 untitled record
82 Acting officers
83 Certain officers to give security
V: Rating and Classification of Lands for Rating
Administrative Rates
84 Administrative rates
General Rates
85 General rates
Separate Rates
86 Separate rates
Special Works Rates
87 Special works rate over whole of district
88 Special works rate over portion of district
89 Maintenance rate in respect of special work
Special Rates and Maintenance Rates
90 Special rates in respect of loans
91 Maintenance rate in respect of works constructed out of special loan
General as to Rates
92 Valuation roll for the district
93 Separate rate or special works rate may be made an annually recurring rate
94 Provision as to maximum rate where rates levied on a graduated scale
95 Board may direct rate to be levied
96 Local authorities may collect rates within their respective jurisdictions
97 untitled record
98 Rates to be handed to Board less cost of collection
99 Liability if local authority neglects to collect rate
100 Local authority may pay amount of rate out of its general fund
100A untitled record
100B Consolidated rate
Classification of Lands for Rating
101 Rates to be levied on a graduated scale according to classification of lands affected
102 General classification of land
103 Appeals
104 Signed list to be sufficient evidence of classification
105 Amendment of classification list
106 Separate classification lists for particular rates
106A Rating by agreement
106B Rating on area system
VI: Finance
Borrowing
107 Borrowing powers of Boards
108 untitled record
108A Loans to meet emergency expenditure
109 Classification of lands before loan poll taken
110 Number of votes that ratepayer may exercise at loan poll
Receipts and Expenditure
111 Money to be paid into bank
112 Board may establish an Imprest Account
113 Collectors to pay over money
114 Travelling expenses of members
114A Annual allowances and remuneration of Chairman, chairmen of standing committees, and members
115 Insurance of members against personal accident
115A Subscriptions to Catchment Authorities' Association, etc.
116 Unauthorised expenditure
Accounts and Audit
117 Books of account to be kept
118 Accounts to be kept in accordance with requirements of Audit Office
119 Transfers from General Account to meet deficiencies
120 Establishment of renewal or replacement funds
121 Yearly balance sheet and statements
VII: Powers and Duties of Boards
Contracts
122 Boards may enter into contracts for purposes of Act. Tenders
123 untitled record
124 Boards may make compositions
125 Boards may contract with local authorities or Minister or Authority
General Functions and Powers
126 General powers of Catchment Boards
127 Boards to keep hydrological records
128 Schemes of works to be prepared by Boards and approved by Minister and Authority
129 Boards to furnish information to Authority
129A Board to furnish information to constituent local authorities
130 Governor-General may vest control of watercourses in Boards
Particular Powers
131 Public Works Act 1981 to apply to construction of works
132 Powers of Boards to enter for survey and investigation
133 Maintenance and improvement of watercourses and defences against water, etc.
134 Afforestation, etc.
135 Incidental powers of Boards
136 Notice to authority concerned before interfering with roads, etc.
137 Notice in respect of works to be undertaken on private land
138 Boards may apportion cost of works with owners of lands
139 Land may be purchased on system of time payment
140 Leasing powers of Boards
Supervision of Drainage Boards, River Boards, and Local Authorities
141 Schemes for reorganisation or abolition of internal drainage and river districts
142 Reorganisation and abolition of internal drainage and river districts
143 Supervision of drainage works and river works
144 Exercise by Catchment Board of powers of Drainage Board, River Board, or local authority in default
Compensation
145 Compensation for injury or damage
145A Compensation for acts of Catchment Commissions, local authorities, and Catchment Boards
145B Procedure in respect of compensation claims
146 Board may pay for private works used by it
147 Board may purchase land injuriously affected
148 Liability for damages arising from neglect
VIII: Bylaws
149 Power to make bylaws for the protection of watercourses and defences against water
150 Power to make bylaws as to land utilisation
150A Disallowance of bylaws
151 Penalties for breach of bylaws
152 Bylaws, how made
152A Effect of bylaws
IX: Offences and Legal Proceedings
Offences
153 Obstruction of Authority or Boards or Catchment Commission
154 Damage to watercourses and works
155 Interfering with watercourses
156 Offences punishable summarily
157 Time for prosecutions
Legal Proceedings
158 Judge not disqualified as being ratepayer
159 Representation of Boards in proceedings in District Court, etc.
160 Valuation roll to be evidence of ownership
161 Service of legal proceedings on Boards
162 untitled record
X: Miscellaneous
163 Authentication of documents
164 Notices
165 Power to rectify omissions or to validate irregularities, etc.
165A Loss or destruction of records, etc.
166 Regulations
167 Regulations to be laid before Parliament
168 Board not to construct works on tidal waters without sanction of Minister of Transport
169 Government works not to be interfered with
170 Act not to affect property of the Crown
Schedule(s)
1 FIRST SCHEDULE: The Soil Conservation and Rivers Control Act 1941
2 SECOND SCHEDULE: Notice of Completion of Classification List
Amending Act/Rule(s)
1 The Statutes Amendment Act 1945
2 The Soil Conservation and Rivers Control Amendment Act 1946
3 The Finance Act (No. 2) 1947
4 The Soil Conservation and Rivers Control Amendment Act 1948
5 The Soil Conservation and Rivers Control Amendment Act 1952
6 The Soil Conservation and Rivers Control Amendment Act 1954
7 The Soil Conservation and Rivers Control Amendment Act 1957
8 The Soil Conservation and Rivers Control Amendment Act 1958
9 The Soil Conservation and Rivers Control Amendment Act 1959
10 The Soil Conservation and Rivers Control Amendment Act 1960
11 The Soil Conservation and Rivers Control Amendment Act 1961
12 The Soil Conservation and Rivers Control Amendment Act 1962
13 The Soil Conservation and Rivers Control Amendment Act 1963
14 The Soil Conservation and Rivers Control Amendment Act 1964
15 The Soil Conservation and Rivers Control Amendment Act 1965
16 The Soil Conservation and Rivers Control Amendment Act 1967
17 The Soil Conservation and Rivers Control Amendment Act 1968
18 The Soil Conservation and Rivers Control Amendment Act 1969
19 The Soil Conservation and Rivers Control Amendment Act 1970
20 The Soil Conservation and Rivers Control Amendment Act 1971
21 The Soil Conservation and Rivers Control Amendment Act 1972
22 The Soil Conservation and Rivers Control Amendment Act 1973
23 The Soil Conservation and Rivers Control Amendment Act 1977
24 The Soil Conservation and Rivers Control Amendment Act 1979
25 The Soil Conservation and Rivers Control Amendment Act 1980
26 The Soil Conservation and Rivers Control Amendment Act 1982
27 The Soil Conservation and Rivers Control Amendment Act 1983