{"id":"C2004A00093","name":"Canberra Water Supply (Googong Dam) Act 1974","slug":"canberra-water-supply-googong-dam-act-1974","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"34 of 1974","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":2745,"registerId":"commonwealth-C2004A00093-current","compilationNumber":null,"startDate":"2026-03-29","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Canberra Water Supply (Googong Dam) Act 1974.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) Subject to subsection (2), this Act shall come into operation on the day on which it receives the Royal Assent.\n  (2) Sections 3, 4 and 5 shall be deemed to have had effect from and including 17 October 1973.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Assembly means the Legislative Assembly for the Australian Capital Territory.\n\n> authorized person means a person appointed under section 7.\n\n> Executive means the Australian Capital Territory Executive.\n\n> Googong Dam Area means the land described in the Schedule to the notice under subsection 10(3) of the Lands Acquisition Act 1955‑1966 dated 17 October 1973 and published in the Gazette on that date, being land acquired by Australia for the purpose of the provision of facilities for the storage of water and its supply for use in the Territory.\n\n> Territory:\n\n    (a) when used in a geographical sense, means the Australian Capital Territory; and\n    (b) when used in any other sense, means the body politic established by section 7 of the Australian Capital Territory (Self‑Government) Act 1988.\n\n> Territory authority means a body, whether corporate or not:\n\n    (a) established by or under a law made by the Assembly; or\n    (b) otherwise established by the Executive.","sortOrder":2},{"sectionNumber":"3A","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 3A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Functions of the Executive","content":"#### 4 Functions of the Executive\n\n  (1) The Executive, on behalf of the Commonwealth, has the functions of managing, protecting and using the water resources of the Googong Dam Area in a way that is consistent with the objects of the Water Resources Act 2007 (ACT).\n  (2) Without limiting the generality of subsection (1), the Executive may, on behalf of the Commonwealth, carry out, either alone or in association with other persons, the planning and provision of a dam, pipelines and other works and facilities for:\n    (a) the collection, diversion and storage of water in the Googong Dam Area;\n    (b) the conveyance and supply of water from that Area for use in the Territory or in a place that is the subject of an agreement under subsection 12(2) for the conveyance and supply of water;\n    (c) the treatment and purification of water supplied or to be supplied from that Area; and\n    (d) the prevention of the pollution of water supplied or to be supplied from that Area;\n  and of works and facilities for the accommodation in that Area of persons employed by the Territory or by a Territory authority in connexion with the protection or regulation of that Area or with the operation and maintenance of any such dam, pipelines, works or facilities in that Area.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Powers of the Executive","content":"#### 5 Powers of the Executive\n\n  (1) Subject to subsection (3), the Executive has power to do, in the Territory or elsewhere, all things necessary or convenient to be done for or in connexion with, or as incidental to, the performance of its functions under this Act.\n  (2) Without limiting the generality of subsection (1), the Executive has power, for or in connexion with the performance of its functions under this Act:\n    (a) to construct, or make arrangements for the construction of, dams, pipelines, roads, bridges and other works, including works that are, in the opinion of the Executive, necessary or desirable for the purpose of preventing or mitigating injurious effects of other works constructed in accordance with this Act;\n    (b) to purchase or take on hire, and to dispose of, plant, machinery, equipment or other goods;\n    (c) to provide transport, accommodation, provisions and amenities for officers and employees of the Territory or of a Territory authority and their families; and\n    (d) to enter into an agreement, on such terms and conditions as the Executive thinks fit, with any person or body, for or in relation to the performance of work, the provision of services or the doing of any other thing by that person or body for or on behalf of the Executive.\n  (3) The Executive shall not, for the purposes of this Act, enter or do any work upon land other than land owned by Australia except in accordance with the succeeding provisions of this Act or by virtue of rights in respect of that land acquired by Australia or the Executive by agreement or otherwise in accordance with law.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Duties of the Executive","content":"#### 6 Duties of the Executive\n\n  (1) It is the duty of the Executive to ensure that the effect on the environment of anything done or proposed to be done in the performance of its functions or the exercise of its powers under this Act is fully considered and that all reasonably practicable measures are taken for the protection of the environment, including measures by way of the making of appropriate provisions in agreements entered into by the Executive on behalf of the Territory.\n  (2) In constructing a pipeline, the Executive shall ensure that, as far as practicable, the pipes are laid below the surface of the ground.","sortOrder":6},{"sectionNumber":"6A","sectionType":"section","heading":"Manner of exercising powers etc.","content":"#### 6A Manner of exercising powers etc.\n\n  (1) The Executive shall exercise its powers, and perform its functions and duties, under this Act in accordance with:\n    (a) the conditions (if any) determined in writing by the Minister after consultation with the Executive; and\n    (b) any law made by the Assembly under subsection (2).\n  (2) The Assembly may make laws prescribing the manner in which the Executive shall exercise its powers, and perform its functions and duties, under this Act, but such a law has no effect to the extent that it is inconsistent with a condition determined under paragraph (1)(a), whether so determined before or after the making of the law.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Authorised persons","content":"#### 7 Authorised persons\n\n  (1) The Executive may, by written instrument, appoint a person to be an authorized person for the purposes of this Act.\n  (2) The Executive shall, upon the appointment of a person under this section, furnish to that person a certificate, signed by the Executive, stating that that person is an authorized person for the purposes of this Act.\n  (3) Where the appointment of a person under this section expires or is revoked, that person shall forthwith surrender the certificate furnished to him or her under this section to the Executive or, if the Executive, by written instrument directs that person to surrender the certificate to another person specified in the writing, to that other person.\n\nPenalty: 2 penalty units.\n\n  (4) An offence under subsection (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Power to enter land","content":"#### 8 Power to enter land\n\n  (1) Where:\n    (a) the occupier of land has consented in writing to an authorized person entering upon the land, with such assistance as is necessary, for the purpose of exercising the functions of an authorized person under this section; or\n    (b) a warrant granted under subsection 10(2) authorizes an authorized person to enter upon land, with such assistance as is necessary, for the purpose of exercising those functions;\n  the authorized person may, with such assistance as is necessary:\n    (c) enter upon the land; and\n    (d) exercise on land so entered the functions of an authorized person under this section.\n  (2) Where an authorized person enters upon land in accordance with subsection (1), he or she shall, upon demand by the occupier of the land, produce to the occupier the certificate furnished to him or her under section 7 and, if the entry is in pursuance of a warrant, that warrant.\n  (3) A person shall not obstruct or hinder a person acting in pursuance of subsection (1).\n\nPenalty: 2 penalty units.\n\n  (3A) Subsection (3) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3A) (see subsection 13.3(3) of the Criminal Code).\n\n  (4) The functions of an authorized person under this section are, for the purpose of ascertaining the suitability of land entered under this Act, or other land, for the carrying out of the functions of the Executive under this Act:\n    (a) to inspect the land so entered; and\n    (b) on land so entered by him or her to make surveys, take levels, sink bores, dig pits and examine the soil and do any other acts necessary for that purpose.\n  (5) In this section, a reference to land includes a reference to land owned or occupied by a State.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Power to occupy land","content":"#### 9 Power to occupy land\n\n  (1) Where:\n    (a) the occupier of land has consented in writing to the Executive entering upon the land and doing an act specified in subsection (2); or\n    (b) a warrant granted under subsection 10(1) authorizes the Executive to enter upon land and do such an act;\n  the Executive may for the purposes of this Act:\n    (c) enter upon and occupy the land; and\n    (d) do that act on land so occupied.\n  (2) The acts referred to in subsection (1) are:\n    (a) to construct, build or place any plant, machinery, equipment or goods;\n    (b) to take or deposit sand, clay, stone, earth, gravel, timber, wood or other materials or things;\n    (c) to make cuttings or excavations;\n    (d) to erect workshops, sheds and other buildings;\n    (e) to make roads; and\n    (f) to manufacture and work materials of any kind.\n  (3) The Executive may demolish, destroy or remove on or from land occupied in pursuance of subsection (1) any plant, machinery, equipment, goods, workshop, shed, building or road constructed, built, placed or erected on the land in pursuance of that subsection.\n  (4) A person shall not, without reasonable excuse, obstruct or hinder the exercise of the powers or rights of the Executive under this section.\n\nPenalty: 2 penalty units.\n\n  (5) Before occupying land in pursuance of a warrant, the Executive shall, upon demand by the occupier of the land, cause the warrant to be produced to the occupier.\n  (6) In this section, a reference to land includes a reference to land owned or occupied by a State.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Warrants","content":"#### 10 Warrants\n\n  (1) Where application is made by the Executive to a Justice of the Peace for a warrant under this subsection, the Justice of the Peace may, if he or she is satisfied, by information on oath or affirmation:\n    (a) that the occupier of land has refused to consent, or that it is impracticable to obtain the consent of the occupier of land within a reasonable time, to the Executive entering upon, and occupying, the land and doing on the land so occupied an act specified in subsection 9(2); and\n    (b) that the doing of that act on the land is reasonably necessary for the purposes of this Act;\n  grant a warrant authorizing the Executive to enter upon, and occupy, the land and do that act on land so occupied.\n  (2) Where application is made by an authorized person to a Justice of the Peace for a warrant under this subsection, the Justice of the Peace may, if he or she is satisfied, by information on oath or affirmation:\n    (a) that the occupier of land has refused to consent, or that it is impracticable to obtain the consent of the occupier of land within a reasonable time, to the authorized person entering upon the land with such assistance as is necessary for the purpose of exercising the functions of an authorized person under section 8; and\n    (b) that entry upon the land for that purpose is reasonably required for the purposes of this Act;\n  grant a warrant authorizing that authorized person to enter upon the land with such assistance as is necessary for the purpose of exercising the functions of an authorized person under that section.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Rights to use and control of waters","content":"#### 11 Rights to use and control of waters\n\n  (1) The rights to use and dispose of all waters in the Googong Dam Area and to control, restrict or interrupt the flow of all waters in and from that Area are vested in Australia.\n  (2) The rights referred to in subsection (1) are exercisable by the Executive on behalf of Australia.\n  (3) In the exercise of the rights referred to in subsection (1), the Executive shall have regard to the interests of persons who are the owners or occupiers of land through or past which waters from the Googong Dam Area flow, and shall not act in a manner that interferes with the exercise and enjoyment by such persons of rights expressed to be conferred on them by or under a law of the State of New South Wales except to such an extent as is reasonably necessary for the purpose of:\n    (a) collecting and maintaining in a dam or other work constructed under this Act a quantity of water reasonably necessary for the purpose for which the dam or work is maintained; or\n    (b) testing, protecting or carrying out maintenance of such a dam or other work.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Use of water from Googong Dam Area","content":"#### 12 Use of water from Googong Dam Area\n\n  (1) Water stored in the Googong Dam Area by means of the works constructed under this Act shall be supplied primarily and principally for use in the Territory.\n  (2) Subject to subsection (1), Australia may enter into an agreement in writing with the State of New South Wales for or in relation to the supply, or the conveyance and supply, of water from the Googong Dam Area for use in a place other than the Territory.\n  (3) The Minister may, in writing, authorise the Executive to exercise the rights of Australia under any such agreement, whether entered into before or after the commencement of this subsection.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Compensation for damage","content":"#### 13 Compensation for damage\n\n  (1) The Executive and authorized persons, shall, in the exercise of their powers under this Act, cause as little detriment and inconvenience and do as little damage as practicable.\n  (2) Where the owner or occupier of land suffers loss or damage by reason of:\n    (a) the exercise of a power conferred on the Executive by this Act; or\n    (b) the entry upon, or occupation of, land in pursuance of this Act;\n  compensation is payable by the Territory in respect of the loss or damage.\n  (3) Compensation payable under subsection (2) includes compensation in respect of:\n    (a) damage resulting from the interruption or restriction of the flow of water, or from flooding;\n    (b) damage of a temporary character as well as damage of a permanent character; and\n    (c) the taking from land, or the disposal on land, of sand, clay, stone, earth, gravel, timber, wood, materials or things by the Executive;\n  but does not include compensation in respect of any fixture demolished, destroyed or removed in pursuance of subsection 9(3) or compensation based on an interference with rights expressed to be conferred by a law of the State of New South Wales made after the day on which this Act received the Royal Assent or by an instrument issued under a law of that State after that date.\n  (4) For the purposes of compensation under this section, a restriction or interruption, at any time, of the flow of water from the Googong Dam Area shall be taken into account only to the extent to which, by reason of the restriction or interruption, the flow, if any, that would have occurred at that time if the dam and other works constructed under this Act had not been constructed is not maintained.\n  (5) Where goods, being sand, clay, stone, earth, gravel, timber, wood, materials or other things, are taken from, or disposed of on, land in pursuance of this Act and are not the property of the owner or occupier of the land, subsection (2) applies as if the reference in that subsection to the owner or occupier of the land, or both, included a reference to the owner of the goods.\n  (6) Part VIII of the Lands Acquisition Act 1989 applies in relation to the determination of compensation under this section as if anything done by the Authority under this Act had been done under Part III of the Lands Acquisition Act 1989.","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Damaging works etc.","content":"#### 14 Damaging works etc.\n\n  A person must not:\n    (a) do an act that results in damage to the operation of a work constructed or being constructed under this Act; or\n    (b) interfere with such a work.","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Theft etc. of water","content":"#### 15 Theft etc. of water\n\n  A person shall not:\n    (a) take water from a dam or pipeline constructed or being constructed under this Act; or\n    (b) use or consume, or cause to be wasted or diverted, water that is in such a dam or pipeline or has been so taken.","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Penalties","content":"#### 16 Penalties\n\n  (1) A person who contravenes or fails to comply with a provision of section 14 or 15 commits an offence against that section.\n  (2) An offence referred to in subsection (1) may be prosecuted summarily or upon indictment, but an offender is not liable to be punished more than once in respect of the same offence.\n  (3) An offence referred to in subsection (1) is punishable:\n    (a) upon summary conviction—by imprisonment for a term not exceeding 6 months or a fine not exceeding 2 penalty units, or both; or\n    (b) upon conviction on indictment—by imprisonment for a term not exceeding 2 years or a fine not exceeding 20 penalty units, or both.\n  (4) Where proceedings for an offence referred to in subsection (1) are brought in a court of summary jurisdiction, the court may commit the defendant for trial or, with the consent of the defendant, determine the proceedings.","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Areas to which access permitted","content":"#### 17 Areas to which access permitted\n\n  (1) The Executive may, by notice in the Australian Capital Territory Gazette declare a specified area, including an area of water, forming part of the Googong Dam Area to be an area to which access by the public is, subject to this Act and the regulations, permitted.\n  (2) The Executive may authorize the erection, placing or displaying in an area so declared of a sign for the purpose of:\n    (a) regulating, prohibiting or restricting entry upon a part of that area in the vicinity of and referred to in the sign;\n    (b) regulating, prohibiting or restricting the stopping or parking of vehicles, or defining the manner in which vehicles may be parked, in a part of that area in the vicinity of and referred to in the sign;\n    (c) fixing the limits of speed for vehicles in a part of that area referred to in the sign; or\n    (d) conveying information or warning to persons entering that area.","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Regulation of Googong Dam Area","content":"#### 18 Regulation of Googong Dam Area\n\n  (1) Subject to section 23, a person shall not enter or remain in a part of the Googong Dam Area unless that part of that Area is or forms part of an area declared in accordance with section 17.\n  (2) Subject to section 23, a person shall not enter or remain, or stop, park or drive a vehicle, in a part of an area so declared in relation to which a sign is erected, placed, or displayed under section 17 in contravention of the sign.\n\nPenalty: 2 penalty units.","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Access to works","content":"#### 19 Access to works\n\n  Where, with the authority of the Executive, there is erected, placed or displayed on land in the vicinity of a work constructed or being constructed under this Act outside the Googong Dam Area a sign prohibiting unauthorized entry upon an area of that land in the vicinity of and referred to in the sign, a person shall not enter or remain in the area in relation to which the sign is erected, placed or displayed.\n\nPenalty: 2 penalty units.","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Removal of signs","content":"#### 20 Removal of signs\n\n  The Executive may, at any time, cause a sign erected, placed or displayed in accordance with section 17 or 19 to be removed.","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Damaging etc. signs","content":"#### 21 Damaging etc. signs\n\n  (1) A person shall not do an act that results in the removal, moving, defacing, damaging, obscuring or covering up of a sign erected, placed or displayed under section 17 or 19, or otherwise interfere with such a sign unless he or she is acting under the authority of the Executive.\n\nPenalty: 2 penalty units.\n\n  (2) An offence under subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Evidence as to signs","content":"#### 22 Evidence as to signs\n\n  Unless the contrary is proved, evidence that a sign was erected, placed or displayed in an area declared under section 17, or in the vicinity of a work constructed or being constructed under this Act, is evidence that the sign was so erected, placed or displayed by the authority of the Executive under this Act.","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Exemption of certain persons","content":"#### 23 Exemption of certain persons\n\n  Subsections 18(1) and (2) and section 19 do not apply to:\n    (a) an authorized person;\n    (b) a person, other than an authorized person, engaged or employed in or in connexion with the construction, testing, protection, operation or maintenance of a work authorized by this Act to be constructed;\n    (c) a person, other than a person referred to in paragraph (a) or (b), employed by the Territory or a Territory authority; or\n    (d) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979);\n  acting in the execution of his or her duty or of the terms of his or her engagement or employment, or to a person who is in the company of a person referred to in paragraph (a), (b), (c) or (d) so acting.","sortOrder":24},{"sectionNumber":"26","sectionType":"section","heading":"Jurisdiction of State courts","content":"#### 26 Jurisdiction of State courts\n\n  For the purposes of Part X of the Judiciary Act 1903‑1973 offences against this Act or the regulations shall be taken to be offences against the laws of the Commonwealth.","sortOrder":25},{"sectionNumber":"27","sectionType":"section","heading":"Operation of State laws","content":"#### 27 Operation of State laws\n\n  (1) Subject to this section, it is the intention of the Parliament that this Act and the regulations shall not operate to the exclusion of the application in the Googong Dam Area, in accordance with the Commonwealth Places (Application of Laws) Act 1970‑1973, of the provisions of a law of the State of New South Wales (including provisions that deal with a matter that is also dealt with by this Act or the regulations) to the extent that those provisions are capable of operating concurrently with this Act and the regulations.\n  (2) In relation to the Googong Dam Area, the Commonwealth Places (Application of Laws) Act 1970‑1973 has effect as if:\n    (a) the reference in subsection 4(1) of that Act to the provisions of the laws of a State as in force at a time included a reference to a provision that would be in force in that area as a law of the State of New South Wales at that time but for section 52 of the Constitution; and\n    (b) paragraph 4(2)(b) of that Act were omitted.\n  (3) Without affecting the power of the Governor‑General to make regulations under the Commonwealth Places (Application of Laws) Act 1970‑1973, regulations under this Act may provide for excluding the application in or in relation to the Googong Dam Area, by virtue of that Act as affected by this section, of any provisions of a law of the State of New South Wales.","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":"Regulations","content":"#### 28 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, for:\n    (a) regulating, controlling or restricting the entry of persons upon the Googong Dam Area and the conduct of persons in that Area;\n    (b) the protection of structures, works and materials in that Area;\n    (c) the protection of flora and fauna in that Area; and\n    (d) the imposition of penalties not exceeding $100 for offences against the regulations.","sortOrder":27}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act’s substantive scope—vesting water rights in Australia, empowering the Executive to plan, construct and manage Googong Dam works, and setting entry, occupation, compensation, offence and regulation rules—is set out in the text and not altered within the Act. Section 2(2) simply deems sections 3–5 to have had effect from 17 October 1973, which affects the retrospective commencement date of those provisions but does not change their substantive scope or the Act’s overall reach."},"complexity_factors":["Cross-references to multiple other statutes (Criminal Code (s3A), Lands Acquisition Act 1989 (s13(6)), Commonwealth Places (Application of Laws) Act (s27)), increasing legal interdependence.","Multiple delegated decision-makers and layers of discretion (Executive, Ministerial conditions (s6A(1)(a)), Assembly laws subject to Ministerial conditions (s6A(2)), Governor-General regulations (s28)).","Compulsory-entry and occupation regime requiring warrants from a Justice of the Peace with statutory thresholds (s8–10).","Compensation scheme with specified inclusions and exclusions and application of another Act’s procedures for valuation/determination (s13(2)–(6)).","Criminal and civil provisions interacting (offences, strict liability provisions (s7(4), s21(2)), evidential burdens (s8(3A)), and summary/indictable prosecution options (s16)), requiring procedural care.","Concurrent operation and potential exclusion of State law within the Googong Dam Area with statutory modifications to Commonwealth Places rules (s27), creating jurisdictional complexity.","Operational detail left to subordinate instruments (regulations, signs, warrants, agreements) which concentrates practical complexity in administrative implementation (s17–19; s28)."],"plain_english_summary":"This Act gives legal authority for Australia, acting through the Australian Capital Territory Executive (the Executive), to build, manage and protect water-storage and supply facilities at the Googong Dam Area and to control the waters there. It sets out who may enter and occupy land, how compensation is handled, what offences and penalties apply, and how the Executive’s powers are to be carried out.\n\nWhat the Act does, mechanically\n- Vests the rights to use and control all waters in the Googong Dam Area in Australia and gives the Executive authority to exercise those rights (s11(1)–(2)).\n- Confers functions on the Executive to plan, construct, operate and maintain dams, pipelines and related works and facilities for collecting, storing, treating and preventing pollution of water for use in the Australian Capital Territory (the Territory) (s4(1)–(2); s5(1)–(2)).\n- Authorises the Executive to enter, inspect, occupy and carry out works on land for those purposes either with the occupier’s written consent or under a warrant issued by a Justice of the Peace (s8–10). An authorised person (appointed by the Executive) may inspect land and do surveys and bore sinking for suitability assessments (s7; s8(4)).\n- Requires the Executive to consider environmental effects and take all reasonably practicable measures to protect the environment when exercising its powers (s6(1)), and to lay pipelines below ground where practicable (s6(2)).\n- Makes the water stored in Googong primarily for use in the Territory, while allowing written agreements with New South Wales for supply elsewhere and authorising the Minister to permit the Executive to exercise Australia’s rights under such agreements (s12(1)–(3)).\n- Provides for compensation to owners or occupiers of land for loss or damage caused by entry, occupation or exercise of powers under the Act, with certain exclusions (s13(2)–(6)). The Territory pays that compensation (s13(2)). Part VIII of the Lands Acquisition Act 1989 applies to compensation determination (s13(6)).\n- Creates offences relating to damaging works or taking/wasting water and sets out penalties and modes of prosecution (s14–16). Other offences (for example, failing to surrender an authorisation certificate, damaging signs) are strict liability (s7(3)–(4); s21(2)). Chapter 2 of the Criminal Code applies to offences under the Act (s3A).\n- Allows the Executive to declare publicly accessible parts of the Googong Dam Area and to put up signs regulating entry, speed, parking, etc.; entry outside declared areas or in contravention of signs is prohibited (s17–19). The Executive may remove signs (s20) and regulations may be made by the Governor‑General on detailed matters including penalties (s28).\n- Provides that, where compatible, New South Wales laws may operate in the Googong Dam Area subject to the Commonwealth Places (Application of Laws) Act as modified (s27).\n\nWho pays, who decides, and who acts\n- The Executive (on behalf of Australia) makes and performs most operational decisions (s4–5). The Minister may set written conditions after consultation with the Executive that the Executive must follow (s6A(1)(a)). The Assembly may pass laws prescribing how powers are exercised, but those laws are subject to any Ministerial conditions (s6A(2)). The Governor‑General makes regulations under the Act (s28). A Justice of the Peace issues warrants to authorise entry/occupation where consent is refused or impracticable and the act is reasonably necessary (s10).\n- Compensation for loss or damage caused by the Executive’s exercise of powers is payable by the Territory (s13(2)).\n- Authorised persons and Executive officers carry out inspections, surveys, construction and maintenance; occupiers and the public must permit or be subject to authorised entry or lawful exclusion and face penalties for obstruction or prohibited entry (s7–9; s14–19).\n\nCompliance burden, discretion and practical trade-offs (source-grounded)\n- Landowners and occupiers face potential inspection, entry, occupation and works on their land either by consent or under warrant (s8–10). They may incur loss or inconvenience; the Act requires compensation for loss or damage but specifies exclusions (for example, no compensation for fixtures demolished under s9(3) or for interference with rights created by later NSW laws) (s13(3)). This creates a direct private compliance and adjustment cost borne initially by landowners and met by the Territory through the compensation regime (s13(2), s13(6)).\n- The Executive has broad powers to construct and contract out works and to set terms (s5(1)–(2)(a),(d)). Those powers are subject to environmental duties (s6) and to written conditions the Minister may impose after consultation (s6A(1)(a)). The Assembly may legislate on the manner of exercising powers but that law yields to Ministerial conditions where inconsistent (s6A(2)). These provisions create administrative discretion in how works are planned and implemented (s5; s6A).\n- Entry and occupation without consent require a warrant from a Justice of the Peace who must be satisfied of refusal or impracticability of consent and reasonable necessity of the act (s10(1)–(2)). This imposes a judicial gatekeeping step before compulsory occupation or intrusive inspection can occur.\n- The Act protects operational integrity of works by criminalising interference and theft of water, with summary and indictable options and specified maximum penalties (s14–16). Some offences are strict liability (s7(4); s21(2)); others attract evidential burdens (for example, a person claiming a reasonable excuse to obstruct an authorised person bears an evidential burden) (s8(3A)). The Criminal Code applies to offences under the Act (s3A).\n- The Act enables limited public access subject to Executive declarations and signs; it also allows the Executive to exclude or regulate State laws’ application in the area by regulation (s17; s27(3); s28). This creates administrative control over public access and legal overlap with State law that may require regulatory calibration.\n\nWhy it matters (official claim and practical test)\n- The Act formally secures water rights and a legal framework for construction, operation and protection of the Googong Dam water supply, saying the stored water is to be supplied primarily for the Territory (s11; s12(1)). The Act formalises who decides (Executive, Minister, Governor‑General, Justice of the Peace), who pays compensation (the Territory) and what conduct is prohibited or permitted (entry, occupation, offences and penalties) so that water-supply infrastructure can be planned, built and protected (s4–5; s13; s14–16).\n- Testing that claim against trade-offs the Act itself imposes: it concentrates decision and operational authority in the Executive and related Commonwealth actors (s4–6A), while imposing direct entry and land-use consequences on private owners and occupiers that the Territory must monetarily compensate except in stated exclusions (s8–10; s13). The Act also delegates regulatory detail to the Governor‑General and allows Ministerial conditions that can override Assembly laws on manner of exercise (s6A(1)(a); s28). Implementation therefore depends on administrative choices (contracts, warrants, regulations) and on the compensation process under the Lands Acquisition Act framework (s13(6)), which are the channels through which costs, incentives and compliance burdens will be allocated in practice."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1974 Act was narrowly focused on constructing the Googong Dam and basic water supply infrastructure. Over time, amendments have significantly expanded the scope: (1) Integration with the ACT's self-government framework (1988 onwards), including the Executive and Legislative Assembly structures; (2) Environmental protection duties added (section 6); (3) Ministerial oversight conditions (section 6A); (4) Modern criminal law concepts including strict liability offences and Criminal Code application; (5) Detailed public access and regulation provisions (sections 17-23) that effectively create a managed recreational area, not just a water facility; and (6) Complex intergovernmental arrangements with NSW regarding water rights and concurrent law application. The Act has evolved from a simple construction and acquisition statute into a comprehensive water resource management, environmental protection, and public land management regime."},"complexity_factors":["Moderate length (28 sections) with straightforward structure","6 defined terms in the interpretation section, including nested definitions for 'Territory' (geographical vs political senses)","Cross-references to 5 other Acts: Lands Acquisition Act 1955-1966, Australian Capital Territory (Self-Government) Act 1988, Water Resources Act 2007 (ACT), Criminal Code, Lands Acquisition Act 1989, Commonwealth Places (Application of Laws) Act 1970-1973, and Judiciary Act 1903-1973","Conditional logic in warrant provisions (sections 8-10) requiring judicial authorization for entry without consent","Nested exceptions in section 23 exempting specific categories of persons from access restrictions","Dual criminal liability structure (summary vs indictment) in section 16 with different penalty scales","Complex interaction with NSW state laws through section 27, modifying the application of the Commonwealth Places (Application of Laws) Act","Retrospective commencement provision (sections 3, 4, 5 deemed effective from 17 October 1973 despite later Royal Assent)"],"plain_english_summary":"This law gives the Australian Capital Territory (ACT) government special powers to build and manage the Googong Dam and its water supply infrastructure, even though the dam itself sits on land in New South Wales.\n\n**What it does:**\n- **Establishes control**: The ACT Executive (the Territory government) manages the dam area on behalf of the Commonwealth, with rights to use, control, and distribute water from the dam.\n- **Powers to build**: The Executive can construct dams, pipelines, roads, and other infrastructure needed to collect, store, treat, and transport water to Canberra. They can also enter and occupy land in NSW (with consent or a warrant) to do this work.\n- **Protects the water supply**: It creates offences for damaging dam infrastructure, stealing water, or interfering with signs that control access to the area.\n- **Public access**: The Executive can declare parts of the dam area open to the public and regulate vehicle access, speed limits, and behaviour through signage.\n- **Compensation**: Landowners in NSW who suffer damage from construction work or water flow changes can claim compensation from the Territory.\n\n**Who it affects:**\n- **ACT residents**: They get their primary water supply from the dam.\n- **NSW landowners**: People whose land is near the dam or pipeline routes may have the ACT government enter their property (with proper authorization) and can claim compensation for any damage.\n- **Visitors**: Anyone wanting to access the dam area must follow public access rules and signage.\n\n**Why it matters:**\nThis law solves a practical problem: Canberra needs water, but the best place for a dam was across the border in NSW. The Act gives the ACT government the legal authority to manage this cross-border water resource while respecting NSW property rights and environmental concerns. It balances Canberra's water security needs with protections for neighbouring landowners and the environment."},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act began as a straightforward Commonwealth infrastructure law to build and operate the Googong Dam. Over time, amendments incorporated ACT self-government (the ACT Executive replaced Commonwealth ministers/authorities as the operational body after the ACT gained self-government in 1988), aligned water management with the ACT's Water Resources Act 2007, and integrated modern criminal law standards via the Criminal Code. The original intent was purely Commonwealth infrastructure delivery; the scope expanded to reflect ACT autonomy and contemporary environmental and criminal law obligations."},"complexity_factors":["Dual jurisdiction complexity: the dam sits in NSW but is managed by the ACT Executive on behalf of the Commonwealth, creating a three-layer legal relationship","Interplay between Commonwealth, ACT, and NSW laws — particularly the careful preservation of NSW water rights and the application of NSW laws via the Commonwealth Places (Application of Laws) Act","Constitutional dimension: section 52 of the Constitution is referenced, touching on Commonwealth places and the limits of state law","Retrospective operation: sections 3, 4 and 5 were deemed to have effect from 17 October 1973, before the Act was passed","Multiple warrant and entry regimes with different procedural requirements for authorised persons vs the Executive","Compensation provisions cross-referencing the Lands Acquisition Act 1989 and limiting compensation for NSW-law-based rights created after the Act","Criminal liability framework references the Criminal Code Act 1995 for general principles, with a mix of strict liability and fault-based offences","Delegation of law-making power split between the Federal Minister (conditions) and the ACT Legislative Assembly (laws), with a hierarchy between them"],"plain_english_summary":"## Canberra Water Supply (Googong Dam) Act 1974\n\n### What is this law about?\nThis Act governs the **Googong Dam** — a major reservoir located in New South Wales that supplies drinking water to Canberra (the ACT). Even though the dam sits physically in NSW, the land was purchased by the Commonwealth (Federal Government) specifically to supply water to the ACT.\n\n### Who runs the dam?\nThe **ACT Executive** (the ACT Government's cabinet) manages the dam **on behalf of the Commonwealth**. They can build dams, pipelines, roads, and other infrastructure; hire workers; and enter into contracts — all to keep Canberra's water supply running.\n\n### Who does this affect?\n- **Canberra residents**: Your tap water comes primarily from this dam. The law ensures water is stored and supplied to the ACT first and foremost.\n- **NSW landowners near the dam**: The law gives the ACT Executive the right to enter private land (with consent or a court warrant) to carry out surveys or construction work. Importantly, landowners can claim **financial compensation** if they suffer loss or damage as a result.\n- **NSW water rights holders**: The ACT Executive controls all water in the Googong Dam Area, but must respect existing NSW water rights as much as reasonably possible.\n- **General public**: There are rules about who can access the dam area. Most of the area is off-limits to the public unless the ACT Executive specifically declares it open. Breaking access rules, stealing water, or damaging infrastructure can result in **fines or up to 2 years in prison**.\n\n### Key rules at a glance:\n- **Water belongs to Australia**: All water in the Googong Dam Area is legally owned by the Commonwealth.\n- **ACT gets priority**: Water must be supplied to the ACT first. Any excess can be supplied to NSW under a separate agreement.\n- **No trespassing**: You cannot enter restricted areas of the dam without authorisation.\n- **No interfering with the dam**: Damaging works or stealing/wasting water is a criminal offence.\n- **Environmental protection**: The ACT Executive must consider environmental impacts and take practical steps to protect the environment.\n- **NSW laws still apply**: NSW laws continue to operate in the Googong Dam Area where they don't conflict with this Act.\n\n### Why does this matter?\nThis law is the legal foundation for one of Canberra's most critical pieces of infrastructure. Without it, there would be no clear legal authority to build, operate, or protect the dam and its water supply."},"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"2(2)","severity":"medium","reasoning":"Section 2(2) deems sections 3, 4 and 5 to have had effect from 17 October 1973, yet the Act was passed in 1974. This means the Executive's functions, powers and definitions are deemed to have operated before the legal instrument creating them existed. While retrospective legislation is not inherently unlawful in Australian law, it creates a logical impossibility: the Executive cannot have lawfully exercised powers 'under this Act' before the Act existed. Any acts taken in that intervening period would have had no lawful basis at the time they were performed, and the retroactive validation is a legal fiction papering over this gap.","confidence":0.75,"description":"Retroactive effect of sections 3, 4 and 5 predating the Act itself"},{"type":"other","section":"13(6)","severity":"high","reasoning":"Section 13(6) applies Part VIII of the Lands Acquisition Act 1989 'as if anything done by the Authority under this Act had been done under Part III of the Lands Acquisition Act 1989'. However, the term 'Authority' is not defined anywhere in this Act. The Act consistently refers to 'the Executive', not 'the Authority'. This appears to be a drafting error where a reference was not updated, leaving a provision that refers to a non-existent legal entity, rendering the compensation determination mechanism potentially inoperable or ambiguous.","confidence":0.92,"description":"Reference to 'the Authority' in section 13(6) where no 'Authority' is defined or exists in the Act"},{"type":"other","section":"3 (definition of 'Territory')","severity":"medium","reasoning":"The definition of 'Territory' in section 3(b) refers to 'the body politic established by section 7 of the Australian Capital Territory (Self-Government) Act 1988'. Given that this Act commenced in 1974 and sections 3, 4 and 5 are deemed to have effect from 17 October 1973, the definition incorporates a legal entity that did not exist until 1988. Any retrospective operation of sections 3, 4 and 5 under section 2(2) would use a definition of 'Territory' that references a body politic that did not legally exist during that deemed operative period, making the retrospective application of section 4 (Functions of the Executive) logically incoherent for the 1973-1988 period.","confidence":0.78,"description":"Circular and temporally impossible definition of 'Territory' referencing a 1988 Act in a 1974 Act"},{"type":"impossible_compliance","section":"7(3)","severity":"medium","reasoning":"Section 7(3) imposes an obligation — backed by a strict liability offence under s7(4) — to 'forthwith surrender the certificate' upon expiry or revocation of appointment. However, no provision accounts for situations where the certificate has been lost, destroyed, or stolen. Under strict liability (s7(4)), the absence of fault is irrelevant. A person whose certificate was genuinely lost or destroyed through no fault of their own commits an offence the moment their appointment expires, with no reasonable excuse defence provided (unlike the analogous provision in s8(3A) or s9(4)). This creates an impossible compliance scenario for innocent parties.","confidence":0.82,"description":"Strict liability offence for failing to surrender a certificate that may no longer physically exist or be in the person's possession"},{"type":"other","section":"28(d)","severity":"low","reasoning":"Section 28(d) authorises the Governor-General to make regulations imposing penalties 'not exceeding $100'. The rest of the Act expresses penalties in penalty units (sections 7, 8, 9, 18, 19, 21). The value of a penalty unit has increased substantially since 1974, meaning the regulatory penalty cap of $100 is now far below even 1 penalty unit (currently $313 federally). This creates an absurd situation where regulatory offences carry a lower maximum penalty than was likely intended, and the cap is expressed in a different denomination to the rest of the Act, causing internal inconsistency in the penalty regime.","confidence":0.88,"description":"Penalty cap in regulations expressed in dollars rather than penalty units, inconsistent with the rest of the Act"},{"type":"other","section":"15","severity":"low","reasoning":"Section 15 prohibits taking water from 'a dam or pipeline constructed or being constructed under this Act'. A pipeline that is being constructed would not ordinarily contain water available for taking. While not impossible (a partially constructed pipeline could theoretically contain water), criminalising the taking of water from infrastructure under construction is practically peculiar and suggests the phrase 'being constructed' was carried over from section 14 (damaging works) without adequate consideration of whether it makes functional sense in the water theft context.","confidence":0.55,"description":"Offence of theft of water from a pipeline 'being constructed' is logically problematic"}],"contradictions":[{"severity":"medium","section_a":"6(1)","section_b":"4(2)","confidence":0.8,"description":"Section 6(1) imposes a duty on the Executive to make 'appropriate provisions in agreements entered into by the Executive on behalf of the Territory', but section 4 states the Executive acts 'on behalf of the Commonwealth', not the Territory"},{"severity":"medium","section_a":"6A(1)(a)","section_b":"6A(2)","confidence":0.72,"description":"Ministerial conditions and Assembly laws are placed in a hierarchy where conditions prevail over Assembly laws, but section 6A(1) requires the Executive to comply with both, creating an impossible compliance obligation where an Assembly law is inconsistent with a Ministerial condition — the Executive must follow the condition (per s6A(2)) but is also directed to comply with the Assembly law (per s6A(1)(b))"},{"severity":"high","section_a":"11(1)","section_b":"11(3)","confidence":0.85,"description":"Section 11(1) vests in Australia all rights to use and dispose of waters in the Googong Dam Area absolutely, but section 11(3) then requires the Executive not to interfere with rights conferred by NSW law, directly contradicting the absolute vesting of rights in subsection (1)"},{"severity":"medium","section_a":"12(1)","section_b":"12(2)","confidence":0.7,"description":"Section 12(1) states water shall be supplied 'primarily and principally' for use in the Territory, while section 12(2) says 'subject to subsection (1)' Australia may agree to supply water elsewhere. The qualifier 'primarily and principally' is not a hard limit, creating ambiguity about how much water can be supplied elsewhere before the primary obligation is breached — the two subsections provide no workable threshold for when supplying water to NSW under s12(2) would violate s12(1)"},{"severity":"high","section_a":"13(2)","section_b":"13(6)","confidence":0.88,"description":"Section 13(2) states compensation is payable 'by the Territory', but section 13(6) applies the Lands Acquisition Act 1989 framework referencing 'the Authority' acting under Part III of that Act. Under the Lands Acquisition Act 1989, compensation under Part III is payable by the Commonwealth, not the Territory. This creates a contradiction as to which entity bears the compensation liability"},{"severity":"low","section_a":"18(1)","section_b":"17(1)","confidence":0.65,"description":"Section 18(1) prohibits a person from entering any part of the Googong Dam Area unless it has been declared under section 17. However, section 17(1) only permits the Executive to declare areas — it does not require it to do so. If the Executive makes no declarations, the entire Googong Dam Area becomes legally inaccessible to the public, yet persons employed under section 23 exemptions would still have access, creating a two-tiered access regime that may not have been intended and leaves no public access pathway if the Executive is inactive"},{"severity":"medium","section_a":"5(3)","section_b":"9(1)(b)","confidence":0.68,"description":"Section 5(3) prohibits the Executive from entering or doing work on land not owned by Australia except in accordance with the succeeding provisions of the Act. Section 9(1)(b) allows entry under a warrant. However, section 10(1) — which governs warrants for the purposes of section 9 — allows a warrant only where the proposed act is 'reasonably necessary for the purposes of this Act'. This creates a potential conflict where the Executive seeks to enter land under warrant for purposes that are convenient but not strictly necessary, as s5(1) allows things 'necessary or convenient' while the warrant threshold in s10(1) requires necessity only"}]}},"importantCases":[],"_links":{"self":"/api/acts/canberra-water-supply-googong-dam-act-1974","history":"/api/acts/canberra-water-supply-googong-dam-act-1974/history","analysis":"/api/acts/canberra-water-supply-googong-dam-act-1974/analysis","conflicts":"/api/acts/canberra-water-supply-googong-dam-act-1974/conflicts","importantCases":"/api/acts/canberra-water-supply-googong-dam-act-1974/important-cases","documents":"/api/acts/canberra-water-supply-googong-dam-act-1974/documents"}}