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THE CITY of BRISBANE (FLOOD MITIGATION WORKS APPROVAL) ACT of 1952 1 Eliz

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THE CITY of BRISBANE (FLOOD MITIGATION WORKS APPROVAL) ACT of 1952 1 Eliz 81 THE CITY OF BRISBANE (FLOOD MITIGATION WORKS APPROVAL) ACT of 1952 1 Eliz. 2 No. 29 An Act to Authorise Brisbane City Council to Carry Out Works for the Mitigation of Flooding by Creeks within the Area of the City of Brisbane, and the Reclamation of Tidal Lands Adjacent to those Creeks; to Approve of Certain Works as aforesaid already Carried Out in respect of Breakfast Creek; and for other purposes. [Assented to 16 October 1952] Preamble. WHEREAS following the extensive flooding of Breakfast Creek, a tributary of the Brisbane River, and adjacent lands in the year one thousand nine hundred and thirty-one, a Committee appointed by the Government of Queensland to inquire into the cause of such flooding and the possibility of taking steps to minimise a recurrence of the extensive flooding of such Creek and adjacent lands recommended a Flood Miti­ gation Scheme for the said Breakfast Creek: AND WHEREAS the said Flood Mitigation Scheme provided for the construction of a regulating darn on the said Breakfast Creek, the im­ proving of the course of Breakfast Creek below such Darn embracing the deepening, widening, and straightening of the course of the said Breakfast Creek between its junction with the Brisbane River and the bridge known as Normanby Bridge, and the consequential reclamation of tidal lands comprised in the parts of the original course of the said Creek eliminated by such works: AND WHEREAS certain works were carried out for the said Flood Mitigation Scheme in deepening, widening, and straightening the course of the said Breakfast Creek, and reclaiming the tidal lands in the elimin­ ated parts of the original course of that Creek, by the Brisbane City Council and later by the Co-ordinator-General of Public Works, during the period commenced on the first day of March, one thousand nine hundred and thirty-two, and ended on the twenty-eighth day of February, one thousand nine hundred and forty-two: AND WHEREAS the Brisbane City Council has, subsequent to that period, carried out further works in reclaiming the said tidal lands: AND WHEREAS it is desirable to approve of the carrying out of all such works and to set all doubts at rest as to the powers of the Brisbane City Council and the Co-ordinator-General of Public Works in respect thereof and as to other matters consequent thereon or relating thereto: AND WHEREAS for the improvement of the City of Brisbane it is further desirable to make provision for authorising the carrying out of works for the mitigation of flooding by other creeks within the Area of the City of Brisbane and the reclamation of tidal lands adjacent to those creeks: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queens­ land in Parliament assembled, and by the authority of the same, as foIlows:- 82 BRISBANE Vol. 3 1. Short title. This Act may be cited as "The City of Brisbane (Flood Mitigation Works Approval) Act of 1952." 2. Definitions. In this Act, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:- "Constructed works"-Any and every work within the meaning of the definition "works" in this section- (a) For any purpose of or connected with the Flood Mitigation Scheme for Breakfast Creek recommended by the Com­ mittee appointed by the Government of this State to inquire into the causes of the extensive flooding of that creek and the lands adjacent thereto in the year one thousand nine hundred and thirty-one and the possibility of taking steps to minimise a recurrence of that extensive flooding; and (b) Carried out in respect of that creek by Brisbane City Coun­ cil or by the Co-ordinator-General of Public Works during the period commenced on the first day of March, one thousand nine hundred and thirty-two, and ended on the twenty-eighth day of February, one thousand nine hundred and forty-two. In respect of Breakfast Creek, the term also includes any and every work within the meaning of the definition "works" in this section carried out by Brisbane City Council between the twenty-eighth day of February, one thousand nine hundred and forty-two and the passing of this Act or in the course of being carried out by Brisbane City Council at the passing of this Act. "Creek"-Any and every watercourse or stream in which water flows in a natural channel either permanently, intermittently, or occasionally and which flows into the Brisbane River within the Area of the City of Brisbane and includes that watercourse at every place where it is subject to tidal influence but does not include the Brisbane River. "Marine Board" or "Board"-The Marine Board constituted under "The Navigation Acts, 1876 to 1950." "Works"-Any and every work for any purpose of, or in con­ nection with, or in relation to- (a) Straightening the course or any part or portion of the course of a creek; (b) Diverting the flow of waters in a creek from the natural channel, or any part or portion of the natural channel therefor to an artificial channel; (c) Deepening, or widening, or deepening and widening the natural channel, or any part of the natural channel, of a creek; (d) Otherwise howsoever regulating, or controlling or regulating and controlling the flow of water and in particular of flood water in any creek; (e) The reclamation or improvement otherwise of land within the area of the City of Brisbane which is adjacent to a creek and subject therefrom to tidal influence; (FLOOD MITIGATION ETC.) ACT OF 1952 ss. 1-5 83 (f) The reclamation or improvement otherwise of land com­ prising the bed and banks of any natural channel, or any part or portion of the natural channel of a creek from which the flow of water has been permanently diverted; and any and every other work whatsoever which being deemed by the Governor in Council necessary or desirable for the improve­ ment of the City of Brisbane is authorised by him to be carried out in or in relation to a creek or on or in relation to land adjacent to a creek and subject therefrom to tidal in­ fluence. Act referred to: Navigation Acts, 1876 to 1950, see now Queensland Marine Acts, 1958 to 1963, title SHIPPING. 3. Carrying out of certain works validated. It is hereby declared- (a) That Brisbane City Council always was empowered to carry out any and every constructed work carried out by that Council to the same extent as if the carrying out of that work had been a function of Local Government authorised to be carried out by that Council under "The Local Government Acts, 1936 to 1951," and "The City of Brisbane Acts, 1924 to 1951"; and (b) That the Co-ordinator-General always was empowered and authorised to carry out any constructed work carried out by him to the same extent as if that work had been "works" within the meaning of "The State Development and Public Works Organisation Acts, 1938 to 1951," authorised by the Governor in Council under those last-mentioned Acts to be carried out by the said Co-ordinator-General, and the power and authority of the said Council and Co-ordinator-General to carry out any and every constructed work carried out by it or him respectively, and any and every act, matter or thing done or executed or step taken by it or him in, or for any purpose of or connected with, the carrying out of any constructed work carried out by it or him respectively is hereby validated, ratified, and confirmed. Acts referred to: Local Government Acts, 1936 to 1963, see title LOCAL AUTHORITIES. State Development and Public Works Organisation Acts, 1938 to 1958, see title WORKS. 4. Brisbane City Council empowered to maintain, etc., certain works. Brisbane City Council is, and it is hereby declared always was, hereby empowered to maintain, protect and renew any and every constructed works to the same extent as if the maintenance, protection and renewal of that work were a function of Local Government authorised to be carried out by that Council under "The Local Government Acts, 1936 to 1951," and "The City of Brisbane Acts, 1924 to 1951". Act referred to: Local Government Acts, 1936 to 1963, see title LOCAL AUTHORITIES. 5. Carrying out of works by Brisbane City Council. (1) Upon application by Brisbane City Council, the Governor in Council may at any time and from time to time by Order in Council published in the Gazette approve of the carrying out by Brisbane City Council of any work within the meaning of the definition "works" in this Act. 84 BRISBANE Vol. 3 Every such approval may be subject to all such terms, provisions, conditions and stipulations as are fixed by the Governor in Council and set out in the Order in Council in question. Any such term, provision, condition, or stipulation may be revoked, amended, altered or otherwise modified by a further Order in Councilor any term, provision, condition or stipulation to which such an approval is subject may be fixed by the Governor in Council by a separate or further Order in Council. (2) Every application as aforesaid shall contain or be accompanied by full and complete information with respect to the work to which that application relates and the said Council shall at the request of the Governor in Council furnish to him all such further or other information and par­ ticulars with respect to that work as he may require.
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