(1) The Minister may, for the purposes of this Act, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.(2) For the purposes of the Public Works Act 1912, any such acquisition of land is taken to be for an authorised work and the Minister is, in relation to that authorised work, taken to be the Constructing Authority.(3) Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply in relation to works constructed under this Act.
The Minister may lease any land acquired by the Minister for the purposes of this Act to any person at such rent, and subject to such covenants and conditions as the Minister may determine.The term of any such lease shall not exceed five years.
25A Sale of land not required for purposes of Act
Where any land purchased or acquired by compulsory process for the purposes of this Act is not required for such purposes the Minister may absolutely sell and dispose of such land.
The Minister may grant any easement, right or privilege of any kind over or in relation to any land acquired by the Minister for the purposes of this Act.
25C Powers of Corporation with respect to land and contracts
(1) The Corporation may, for the purposes of this Act, with the approval of the Minister:(a) purchase, exchange, take on lease, hold, dispose of by way of lease or sale, and otherwise deal with, property, or(b) make and enter into contracts with any person for the carrying out of works or the performance of services or the supply of goods or materials (whether at a place within or outside Australia) in connection with the exercise or performance by the Minister, Commissioner or Corporation of his, hers or its powers, authorities, duties or functions.(2) The powers conferred by subsection (1) are in addition to and not in derogation of any other powers conferred by or under this Act or by or under any other law.(3) If the Corporation enters into a contract under subsection (1) involving the performance of services by a public servant or other employee referred to in section 5:(a) outside Australia, or(b) within Australia but outside New South Wales,the Corporation may (with the consent of that public servant or other employee) vary the conditions of employment (including rates of remuneration) of that public servant or other employee in connection with the performance of those services as the Corporation thinks fit.(4) Subsection (3) has effect despite anything to the contrary in the Public Sector Management Act 1988 or in any award or industrial agreement.
26 Vesting of works in statutory body
(1) On completion of any works carried out in pursuance of this Act, the Governor, on the recommendation of the Minister, may, by proclamation published in the Gazette, vest in a statutory corporation any works constructed for the purpose of soil conservation, erosion mitigation or water resources conservation, or for purposes incidental thereto.The care, control and maintenance of such works shall thereupon devolve upon the statutory corporation.
(2) The Governor may, by the same or a subsequent proclamation, vest in the statutory corporation the whole or any part of any land acquired under this Act for the purposes of the works so vested in the statutory corporation.
(1) For the temporary accommodation of the Corporation, it may, for any purpose referred to in section 26C (1), obtain advances by overdraft of current account in any one or more banks, building societies or credit unions upon the credit of the Corporation’s funds to such extent as may, from time to time, be approved by the Governor.(2) The Treasurer may advance such money to the Corporation, upon such terms and conditions as to repayment and interest, as may be agreed upon.
26B Other financial accommodation
(1) Without affecting section 26A, the Corporation may, for any purpose referred to in section 26C (1), enter into arrangements to borrow money from, or obtain advances from, or obtain other financial accommodation from, an approved person or body, whether in New South Wales or elsewhere, to such extent and secured and arranged in such manner and for such period as may be approved.(2) The due payment of any amounts payable by the Corporation pursuant to any arrangements entered into under this section, and any interest or other charges in relation thereto, is hereby guaranteed by the government, and any liability arising from the guarantee shall be payable out of money provided by Parliament.(3) Where the approval of the Governor in relation to any arrangements is expressed to be given under this section, the provisions of section 26C and the Fourth Schedule do not apply to or in respect of the arrangements, but this subsection does not prevent the borrowing of money under section 26C (1) for the discharge or partial discharge of any indebtedness to any person or body referred to in subsection (1).(4) In this section:approved means approved from time to time by the Governor on the recommendation of the Minister and with the concurrence of the Treasurer.
financial accommodation includes financial accommodation by way of credit arrangements, including arrangements for the deferred payment by the Corporation of amounts payable by it under any contract or agreement entered into by it, but not including any arrangements that provide for the payment of instalments where the extension of credit to the Corporation is not involved.
26C Purposes for which money may be borrowed
(1) The Corporation may from time to time, with the approval of the Governor given on the recommendation of the Minister and with the concurrence of the Treasurer, borrow money for:(a) the purpose of the exercise or performance of any of the powers, authorities, duties or functions of the Minister, Commissioner or Corporation conferred or imposed by or under this Act,(b) the renewal of loans,(c) the discharge or partial discharge of any loan or any indebtedness to the Treasurer or to any bank, building society or credit union or to any person or body referred to in section 26B (1), or(d) any other purpose of this Act.(2) The Fourth Schedule has effect with respect to loans.
(1) There shall be established in the Special Deposits Account in the Treasury a Soil Conservation Commission of New South Wales Account into which shall be deposited:(a) all money borrowed by the Corporation under section 26C, and(b) all other money that the Treasurer directs is to be so deposited.(2) The Soil Conservation Commission of New South Wales Account may be applied to any of the purposes for which money may be borrowed under section 26C (1).
27 Interference with or damage to works etc
Any person who, except under the authority of the Commissioner, interferes with or does any act which damages or tends to damage any structure, plantation, breakwind or vegetative cover placed or planted on any land as part of or in connection with any works which are being or have been carried out in pursuance of this Act, shall be liable to a penalty not exceeding 500 penalty units and in addition shall be liable for any loss or damage caused by the offence.Such loss or damage may be awarded by the Court imposing the penalty and may be recovered in the same manner as the penalty.
28 Alteration of covenants etc of certain leases
(1) Where the Minister is satisfied that compliance with any covenant, condition or provision of a homestead selection or lease referred to in section 182 of the Crown Lands Consolidation Act 1913 would tend to cause erosion on any land, the Minister may so advise the Minister for Lands.(2) Where the Minister for Lands has been so advised the Minister may vary, modify, revoke or add to the covenants, conditions or provisions of the homestead selection or lease under and in accordance with section 182 of the Crown Lands Consolidation Act 1913.
(1) Any person who contravenes or fails to comply with any provision of this Act shall, where no other penalty is expressly provided, be liable to a penalty not exceeding 50 penalty units.(2) Proceedings for an offence against this Act are to be dealt with in a summary manner before a Local Court constituted by a Magistrate sitting alone or before the Land and Environment Court.(3) If proceedings for an offence against this Act are brought in a Local Court, the maximum monetary penalty that the Court may impose in respect of the offence is 100 penalty units or the maximum monetary penalty provided by this Act or the regulations in respect of the offence, whichever is the lesser.
Any information, complaint or other legal proceeding under this Act or the regulations may be laid, made and taken by the Minister or by any officer duly authorised by the Minister in that behalf either generally or in any particular case.The production of a certificate that the person named therein is an officer authorised by the Minister under this section, either generally or specially, shall be prima facie evidence that the person named therein is an officer and of the extent of the authorisation under which the person acts.
(1) The Minister may by instrument in writing delegate to the Commissioner, the Deputy Commissioner or to an officer or employee of the Service the exercise or performance of such of the powers (other than this power of delegation), authorities, duties or functions conferred or imposed on the Minister by or under this Act as may be specified in the instrument of delegation and may in like manner revoke wholly or in part any such delegation.(2) The Commissioner may by instrument in writing delegate to the Deputy Commissioner or to an officer or employee of the Service the exercise or performance of such of the powers (other than this power of delegation), authorities, duties or functions conferred or imposed on the Commissioner by or under this or any other Act as may be specified in the instrument of delegation and may in like manner revoke wholly or in part any such delegation.(3) A delegation under this section may be made subject to such conditions or such limitations as to the exercise or performance of any of the powers, authorities, duties or functions delegated, or as to time or circumstances, as may be specified in the instrument of delegation.(4) Notwithstanding any delegation made under this section, the Minister or the Commissioner, as the case may be, may continue to exercise or perform all or any of the powers, authorities, duties or functions delegated by the Minister or the Commissioner.(5) Any act or thing done or suffered by a delegate while acting in the exercise of a delegation under this section shall have the same force or effect as if the act or thing done had been done or suffered by the Minister or the Commissioner, as the case may be.
31 Protection of Minister, Commissioner and officers etc
No act, matter or thing done by the Minister or the Commissioner or by any officer, employee or person acting under the direction of the Minister or the Commissioner, shall, if the act, matter or thing was done bona fide for the purpose of carrying out or giving effect to this Act, subject them or any of them personally to any action, liability, claim or demand whatsoever.
(1) This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.(2) Nothing in this Act renders the Crown liable to be prosecuted for an offence.
32A Savings, transitional and other provisions
The First Schedule has effect.