{"id":"qld:act-1946-016","name":"New South Wales-Queensland Border Rivers Act 1946","slug":"new-south-wales-queensland-border-rivers-act-1946","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"16 of 1946","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105710,"registerId":"qld-act-1946-016-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the New South Wales-Queensland Border Rivers Act 1946 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":null,"content":"### Section sec.2\n\ns 2 om 17 September 1993 RA s 37","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act to bind the Crown","content":"### sec.3 Act to bind the Crown\n\nThis Act shall bind the Crown.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nIn this Act—\nagreement means the original agreement, as amended by—\nthe first amending agreement; and\nthe second amending agreement; and\nthe third amending agreement.\ns 4 def agreement ins 1993 No. 31 s 7 (2)\namd 2001 No. 55 s 3 (3)\nBorder Rivers ...\ns 4 def Border Rivers om 1968 No. 46 s 5 (a)\nCarrier Rivers ...\ns 4 def Carrier Rivers om 1968 No. 46 s 5 (b)\nconstructing authority means the contracting government by which any works under this Act are constructed or to be constructed, or any authority constituted or appointed for the purpose of such construction.\ncontracting government means a government which is a party to the agreement.\ncontrolling authority , where used in reference to a State, means any government department or authority of that State which under the laws of that State is authorised or required to exercise the powers and fulfil the obligations by this agreement conferred or imposed upon a controlling authority.\ndiversion includes abstraction, impounding, and appropriation of water that diminishes or retards the volume of flow of a river.\nfirst amending agreement means the agreement a copy of which is set out in schedule 2 .\ns 4 def first amending agreement ins 1993 No. 31 s 7 (2)\ngovernment gazette means the government gazette of the State of New South Wales or Queensland (as the case may require).\nGovernor ...\ns 4 def Governor om 1993 No. 31 s 7 (1)\nland includes Crown lands and buildings, messuages, tenements, and hereditaments of any tenure, and any easement, right, or privilege in, over, or affecting any land.\nmaintenance includes repairs and improvements.\nMinister ...\ns 4 def Minister om 1968 No. 46 s 5 (c)\noriginal agreement means the agreement a copy of which is set out in schedule 1 .\ns 4 def original agreement ins 1993 No. 31 s 7 (2)\nPerson ...\ns 4 def Person om 1993 No. 31 s 7 (1)\nPremier ...\ns 4 def Premier om 1993 No. 31 s 7 (1)\nPrescribed ...\ns 4 def Prescribed om 1993 No. 31 s 7 (1)\nproclamation means proclamation by the Governor in Council of the State of New South Wales or Queensland published in the government gazette of that State.\npurposes of this Act includes purposes of the agreement.\nriver and tributary , respectively, include any affluent, effluent, creek, anabranch, or extension of, and any lake or lagoon connected with, the river or tributary.\nsecond amending agreement means the agreement a copy of which is set out in schedule 3 .\ns 4 def second amending agreement ins 1993 No. 31 s 7 (2)\nThe Agreement ...\ns 4 def The Agreement om 1993 No. 31 s 7 (1)\nthe commission means the Dumaresq–Barwon Border Rivers Commission appointed for the purposes of this Act.\nThe Schedule ...\ns 4 def The Schedule om 1993 No. 31 s 7 (1)\nthird amending agreement means the agreement a copy of which is in schedule 4 .\ns 4 def third amending agreement ins 2001 No. 55 s 3 (2)\nthis Act means this Act, the agreement, and any regulations made under this Act.\nunder this Act includes under the agreement.\ns 4 sub 2001 No. 55 s 3 (1)\n- (a) the first amending agreement; and\n- (b) the second amending agreement; and\n- (c) the third amending agreement.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Agreements","content":"# Agreements","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Ratification of agreements","content":"### sec.5 Ratification of agreements\n\nEach of the following agreements is ratified—\nthe original agreement;\nthe first amending agreement;\nthe second amending agreement;\nthe third amending agreement.\ns 5 sub 1993 No. 31 s 9\namd 2001 No. 55 s 4\n- (a) the original agreement;\n- (b) the first amending agreement;\n- (c) the second amending agreement;\n- (d) the third amending agreement.","sortOrder":6},{"sectionNumber":"sec.5A","sectionType":"section","heading":"Binding effect of agreement","content":"### sec.5A Binding effect of agreement\n\nWhile the agreement continues to be binding on the State of New South Wales, it is binding on the State of Queensland.\ns 5A ins 1993 No. 31 s 9","sortOrder":7},{"sectionNumber":"pt.3","sectionType":"part","heading":"Powers and duties of the commission","content":"# Powers and duties of the commission","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Regulations made by the commission","content":"### sec.6 Regulations made by the commission\n\nThe commission may make regulations—\nfor or relating to—\nthe times and places of its meetings;\nthe conduct of its proceedings;\nthe duties and the control, supervision, and guidance of its officers and servants, and the time and mode in which they shall account to the commission for all moneys received by them on its behalf or account;\nthe mode of making and the management and carrying out of contracts of the commission;\nprescribing what business shall be deemed formal for the purposes of the agreement;\nprescribing a penalty not exceeding $100 for a breach of any such regulations.\nEvery regulation under this section, on being published in the government gazette of each of the States of New South Wales and Queensland, shall take effect from the date of the last of such publications, or from a later date specified in the regulation.\nIn addition, regulations under subsection (1) (a) and (b) shall be laid before both Houses of Parliament of the State of New South Wales and before the Legislative Assembly of the State of Queensland within 14 sitting days after the date of the last publication thereof as aforesaid if Parliament is then in session, and, if not, then within 14 sitting days after the commencement of the next sitting of Parliament.\nIf either House of Parliament of New South Wales or the Legislative Assembly of Queensland passes a resolution (of which notice has been given at any time within 15 sitting days after such regulations have been laid before such House) disallowing such regulation such regulation shall thereupon cease to have effect.\nFor the purpose of this section—\nsitting days means days on which the House actually sits for the despatch of business.\n(sec.6-ssec.1) The commission may make regulations— for or relating to— the times and places of its meetings; the conduct of its proceedings; the duties and the control, supervision, and guidance of its officers and servants, and the time and mode in which they shall account to the commission for all moneys received by them on its behalf or account; the mode of making and the management and carrying out of contracts of the commission; prescribing what business shall be deemed formal for the purposes of the agreement; prescribing a penalty not exceeding $100 for a breach of any such regulations.\n(sec.6-ssec.2) Every regulation under this section, on being published in the government gazette of each of the States of New South Wales and Queensland, shall take effect from the date of the last of such publications, or from a later date specified in the regulation.\n(sec.6-ssec.3) In addition, regulations under subsection (1) (a) and (b) shall be laid before both Houses of Parliament of the State of New South Wales and before the Legislative Assembly of the State of Queensland within 14 sitting days after the date of the last publication thereof as aforesaid if Parliament is then in session, and, if not, then within 14 sitting days after the commencement of the next sitting of Parliament.\n(sec.6-ssec.4) If either House of Parliament of New South Wales or the Legislative Assembly of Queensland passes a resolution (of which notice has been given at any time within 15 sitting days after such regulations have been laid before such House) disallowing such regulation such regulation shall thereupon cease to have effect.\n(sec.6-ssec.5) For the purpose of this section— sitting days means days on which the House actually sits for the despatch of business.\n- (a) for or relating to— (i) the times and places of its meetings; (ii) the conduct of its proceedings; (iii) the duties and the control, supervision, and guidance of its officers and servants, and the time and mode in which they shall account to the commission for all moneys received by them on its behalf or account; (iv) the mode of making and the management and carrying out of contracts of the commission;\n- (i) the times and places of its meetings;\n- (ii) the conduct of its proceedings;\n- (iii) the duties and the control, supervision, and guidance of its officers and servants, and the time and mode in which they shall account to the commission for all moneys received by them on its behalf or account;\n- (iv) the mode of making and the management and carrying out of contracts of the commission;\n- (b) prescribing what business shall be deemed formal for the purposes of the agreement;\n- (c) prescribing a penalty not exceeding $100 for a breach of any such regulations.\n- (i) the times and places of its meetings;\n- (ii) the conduct of its proceedings;\n- (iii) the duties and the control, supervision, and guidance of its officers and servants, and the time and mode in which they shall account to the commission for all moneys received by them on its behalf or account;\n- (iv) the mode of making and the management and carrying out of contracts of the commission;","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"To have force of law","content":"### sec.7 To have force of law\n\nThe regulations of the commission made and to take effect pursuant to this Act shall have the force of law.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Evidence of regulation","content":"### sec.8 Evidence of regulation\n\nThe production of a document purporting to be a copy of any such regulation, and to be signed by a commissioner or the secretary of the commission, or of a government gazette in which such regulation was published shall be prima facie evidence that such regulation was made and is in force.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Entry on land by commission","content":"### sec.9 Entry on land by commission\n\nFor the purposes of this Act the commission and any person authorised by the commission may enter any lands and shall have free access to all works.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Writ to enforce performance of duty of commission","content":"### sec.10 Writ to enforce performance of duty of commission\n\nThe commission or a commissioner may be compelled, by mandamus or other writ issuing from the Supreme Court of either of the said States or (so far as the High Court has or may be invested with jurisdiction in the matter) from the High Court, to perform any of the duties of the commission or the commissioner (as the case may be) under this Act.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Orders of the commission to bind","content":"### sec.11 Orders of the commission to bind\n\nSubject to this Act and the agreement the orders, determinations, decisions, and declarations of the commission made in the exercise of its powers and discharge of its duties shall bind the Government and all persons and corporations, and may be made a rule or order of the Supreme Court and shall be enforceable accordingly.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Evidence of records of commission","content":"### sec.12 Evidence of records of commission\n\nEvery minute or record of the proceedings of the commission, if signed by the commissioners, or a copy thereof certified as correct under the hand of a commissioner or the secretary of the commission, shall be presumed to be correct until the contrary is proved.","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Saving of rights of State officers","content":"### sec.13 Saving of rights of State officers\n\nThe existing and accruing rights of a person in the public service or in the employment of any authority constituted by or under any Act shall not be affected by reason of the person being appointed a commissioner or being appointed or employed as an officer or servant by the commission; and service as a commissioner or as such officer or servant shall count as service in the public service of Queensland or in the employment of any such authority.","sortOrder":16},{"sectionNumber":"pt.4","sectionType":"part","heading":"Construction and maintenance of works and acquisition of land","content":"# Construction and maintenance of works and acquisition of land","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Construction of works authorised","content":"### sec.14 Construction of works authorised\n\nSubject to this Act and the agreement, the construction in Queensland of the works to be constructed under the agreement by Queensland is hereby authorised.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"State to construct works","content":"### sec.15 State to construct works\n\nThe works to be constructed under the agreement by Queensland shall be constructed, maintained, operated, and controlled under, subject to and in accordance with this Act and the agreement by the State.\ns 15 amd 1967 No. 48 s 3 (2) sch 1 ; 1992 No. 15 s 13 sch ; 2000 No. 26 s 12 sch 1","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Construction of works in Queensland by New South Wales","content":"### sec.16 Construction of works in Queensland by New South Wales\n\nSubject to this Act the construction in Queensland of so much of the works to be constructed under the agreement by New South Wales as will be situated in this State is hereby authorised.\nSo much of the works to be constructed under the agreement by New South Wales as will be situated in Queensland may be constructed, maintained, operated, and controlled under, subject to, and in accordance with this Act and the agreement by the Crown in the right of the State of New South Wales, or by any corporation, instrumentality or person authorised in that behalf by the Governor of that State, and the Crown in the right of the State of New South Wales or such authorised corporation, instrumentality, or person may do in this State all such acts, matters, and things as are necessary in or for the purposes of the construction, maintenance, operation, and control of such works or any of them.\nSubject to the approval of the Governor any land in Queensland required for such works or any of them may be taken by the State in the same manner as if such land were required by the said commissioner for works referred to in section 15 .\nNotwithstanding anything contained in any Act relating to industrial arbitration or any award or agreement made thereunder or pursuant thereto it shall be lawful for the Crown in the right of New South Wales or any authority, instrumentality, or person thereto authorised by it in constructing, undertaking, carrying out, establishing, carrying on, maintaining, managing or controlling in the State of Queensland any work required to be constructed, undertaken, carried out, established, carried on, maintained, managed or controlled by it under this Act and the agreement to observe the same conditions and pay the same wages as would prevail if such work were being undertaken or performed in the State of New South Wales.\ns 16 amd 1992 No. 15 s 13 sch ; 2000 No. 26 s 12 sch 1\n(sec.16-ssec.1) Subject to this Act the construction in Queensland of so much of the works to be constructed under the agreement by New South Wales as will be situated in this State is hereby authorised.\n(sec.16-ssec.2) So much of the works to be constructed under the agreement by New South Wales as will be situated in Queensland may be constructed, maintained, operated, and controlled under, subject to, and in accordance with this Act and the agreement by the Crown in the right of the State of New South Wales, or by any corporation, instrumentality or person authorised in that behalf by the Governor of that State, and the Crown in the right of the State of New South Wales or such authorised corporation, instrumentality, or person may do in this State all such acts, matters, and things as are necessary in or for the purposes of the construction, maintenance, operation, and control of such works or any of them.\n(sec.16-ssec.3) Subject to the approval of the Governor any land in Queensland required for such works or any of them may be taken by the State in the same manner as if such land were required by the said commissioner for works referred to in section 15 .\n(sec.16-ssec.4) Notwithstanding anything contained in any Act relating to industrial arbitration or any award or agreement made thereunder or pursuant thereto it shall be lawful for the Crown in the right of New South Wales or any authority, instrumentality, or person thereto authorised by it in constructing, undertaking, carrying out, establishing, carrying on, maintaining, managing or controlling in the State of Queensland any work required to be constructed, undertaken, carried out, established, carried on, maintained, managed or controlled by it under this Act and the agreement to observe the same conditions and pay the same wages as would prevail if such work were being undertaken or performed in the State of New South Wales.","sortOrder":20},{"sectionNumber":"pt.5","sectionType":"part","heading":"Compensation for damage by works","content":"# Compensation for damage by works","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":null,"content":"### Section sec.17\n\ns 17 om 1967 No. 48 s 3 (2) sch 1","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Notice to be given in action for compensation","content":"### sec.18 Notice to be given in action for compensation\n\nNo action, claim, or other proceeding for compensation for damage occasioned by the construction or maintenance of works under this Act shall be maintainable unless—\nnotice in writing stating the nature and extent of the damage complained of has been furnished to the constructing authority within 6 months after the damage in respect of which the notice is given has been occasioned; and\nafter giving the notice the person claiming compensation proceeds without unreasonable delay to obtain such compensation.\n- (a) notice in writing stating the nature and extent of the damage complained of has been furnished to the constructing authority within 6 months after the damage in respect of which the notice is given has been occasioned; and\n- (b) after giving the notice the person claiming compensation proceeds without unreasonable delay to obtain such compensation.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Rules to be applied in determining compensation","content":"### sec.19 Rules to be applied in determining compensation\n\nIn determining whether any and what compensation for such damage is to be made, the court shall in each case have regard to and is hereby empowered and directed to apply the following principles—\nno compensation shall be awarded save in respect of some item set forth in the notice in writing stating the nature and extent of the injury complained of furnished to the constructing authority as hereinbefore provided;\nno compensation shall be awarded for any diminution or deterioration of the supply of water to which any person may be entitled, unless such diminution or deterioration is such as to deprive the claimant of a supply of water previously legally enjoyed by him or her, and unless such diminution or deterioration is the direct and will be the permanent result of the completed works;\nno compensation shall be made for the taking or diverting of any water which the constructing authority is empowered by or under this Act to take or divert either permanently or temporarily from any river, creek, stream or watercourse, lake, lagoon, swamp or marsh;\nthere shall be considered in reduction of all claims for compensation for injury, whether by reason of the execution of any works under this Act, any, and if so what, enhancement in value of any property of the claimant, wherever situate, has been directly or indirectly caused, and whether any, and if so what, immediate or proximate benefit has been gained by or become available to such claimant by reason of the construction or use of such works; and a deduction shall be made accordingly from the amount which, but for this paragraph, would have been paid or payable as compensation;\nthe measure of damages 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;\nwhere the injury complained of appears to be of a permanent or continuing character, or likely to be repeated, a sum may be awarded which the court may declare to be a compensation for all injury, loss, or damage sustained in respect of the matter complained of to the date of the bringing of the action, and also for all future injury, loss, or damage, in respect of the same matter; and after such award no further compensation shall be made in respect of any such future injury, loss, or damage.\n- (a) no compensation shall be awarded save in respect of some item set forth in the notice in writing stating the nature and extent of the injury complained of furnished to the constructing authority as hereinbefore provided;\n- (b) no compensation shall be awarded for any diminution or deterioration of the supply of water to which any person may be entitled, unless such diminution or deterioration is such as to deprive the claimant of a supply of water previously legally enjoyed by him or her, and unless such diminution or deterioration is the direct and will be the permanent result of the completed works;\n- (c) no compensation shall be made for the taking or diverting of any water which the constructing authority is empowered by or under this Act to take or divert either permanently or temporarily from any river, creek, stream or watercourse, lake, lagoon, swamp or marsh;\n- (d) there shall be considered in reduction of all claims for compensation for injury, whether by reason of the execution of any works under this Act, any, and if so what, enhancement in value of any property of the claimant, wherever situate, has been directly or indirectly caused, and whether any, and if so what, immediate or proximate benefit has been gained by or become available to such claimant by reason of the construction or use of such works; and a deduction shall be made accordingly from the amount which, but for this paragraph, would have been paid or payable as compensation;\n- (e) the measure of damages 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;\n- (f) where the injury complained of appears to be of a permanent or continuing character, or likely to be repeated, a sum may be awarded which the court may declare to be a compensation for all injury, loss, or damage sustained in respect of the matter complained of to the date of the bringing of the action, and also for all future injury, loss, or damage, in respect of the same matter; and after such award no further compensation shall be made in respect of any such future injury, loss, or damage.","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Stay of proceedings until completion of works","content":"### sec.20 Stay of proceedings until completion of works\n\nIf compensation is sought to be recovered for any such injury alleged to be the result of the execution of works which at the time of the alleged injury and of the claim to compensation in respect thereof are incomplete, it shall be lawful for any judge of the Supreme Court, upon an application by the constructing authority, made without action, and either by summons or by motion upon notice to the claimant for compensation, to make an order directing that the proceedings upon the claim for compensation shall be stayed until the completion of such works or for such period to be stated in the order as the judge may consider sufficient for the completion of such works, and the proceedings to recover such compensation shall be stayed accordingly; but at the expiration of the stay limited in such order the claimant shall be at liberty to resume his or her proceedings for the recovery of such compensation without commencing any fresh proceedings.","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Compensation for injury to interests in reversion","content":"### sec.21 Compensation for injury to interests in reversion\n\nWhere such compensation is sought to be recovered in respect of any acts causing or likely to cause the same kind of injury to the same property, and such acts may injure interests in reversion as well as in possession of such property, the person claiming compensation shall, before any sum is awarded as compensation, satisfy the court as to the nature and extent of the respective estates or interests in such property of such claimant and all other persons (if any) said to be injured, and that the claimant has given sufficient notice to all such other persons of the claimant’s proceedings to obtain compensation under this Act.\nAll such other persons, whether they have received such notice or not, who may appear before the court shall be entitled to be heard on behalf of their respective interests in the compensation to be awarded.\nIn awarding any sum by way of compensation for such injury the court shall award and apportion as between such claimant and such other persons in such manner in all respects as to such court may seem fit the amounts to be received by any or some or all of them respectively out of such sum as compensation for all injury of the same kind caused or likely to result to the respective interests of such claimant or other persons in such property.\nSuch amounts shall be received by such claimant or other persons, and shall be in full discharge and satisfaction of the claims of such persons to compensation in respect of the matter complained of, and of all future injury, loss, or damage in respect of the same matter.\nAny person to whom any such sum has been awarded or apportioned as aforesaid shall have all such remedies and means of recovering the said sum from the constructing authority against which the claim has been made as though such person had originally been a plaintiff in the action in which such award or apportionment has been so made.\n(sec.21-ssec.1) Where such compensation is sought to be recovered in respect of any acts causing or likely to cause the same kind of injury to the same property, and such acts may injure interests in reversion as well as in possession of such property, the person claiming compensation shall, before any sum is awarded as compensation, satisfy the court as to the nature and extent of the respective estates or interests in such property of such claimant and all other persons (if any) said to be injured, and that the claimant has given sufficient notice to all such other persons of the claimant’s proceedings to obtain compensation under this Act.\n(sec.21-ssec.2) All such other persons, whether they have received such notice or not, who may appear before the court shall be entitled to be heard on behalf of their respective interests in the compensation to be awarded.\n(sec.21-ssec.3) In awarding any sum by way of compensation for such injury the court shall award and apportion as between such claimant and such other persons in such manner in all respects as to such court may seem fit the amounts to be received by any or some or all of them respectively out of such sum as compensation for all injury of the same kind caused or likely to result to the respective interests of such claimant or other persons in such property.\n(sec.21-ssec.4) Such amounts shall be received by such claimant or other persons, and shall be in full discharge and satisfaction of the claims of such persons to compensation in respect of the matter complained of, and of all future injury, loss, or damage in respect of the same matter.\n(sec.21-ssec.5) Any person to whom any such sum has been awarded or apportioned as aforesaid shall have all such remedies and means of recovering the said sum from the constructing authority against which the claim has been made as though such person had originally been a plaintiff in the action in which such award or apportionment has been so made.","sortOrder":26},{"sectionNumber":"pt.6","sectionType":"part","heading":"Regulations by Governor in Council","content":"# Regulations by Governor in Council","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Regulation–making power","content":"### sec.22 Regulation–making power\n\nThe Governor in Council may, for carrying out any of the purposes of this Act for which the commission is not empowered to make regulations, make regulations and provide a penalty not exceeding $100 for any breach thereof.\ns 22 amd 1993 No. 31 s 10 ; 2001 No. 55 s 2 sch","sortOrder":28},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":29},{"sectionNumber":"sec.22A","sectionType":"section","heading":"Authorisation of department in which Water Act 2000 administered","content":"### sec.22A Authorisation of department in which Water Act 2000 administered\n\nThe department in which the Water Act 2000 is administered is authorised in relation to the State of Queensland to exercise the powers conferred and fulfil the obligations imposed by the agreement on a controlling authority.\ns 22A ins 2020 No. 14 s 167","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":"Appointment of commissioner and deputy commissioner","content":"### sec.23 Appointment of commissioner and deputy commissioner\n\nThe Governor may, under this Act, appoint a commissioner and, when and so often as may be necessary, a deputy commissioner, who shall respectively be paid, such salaries as the Governor shall determine.","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":null,"content":"### Section sec.24\n\ns 24 om 1993 No. 31 s 11","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"Penalty for injuring works","content":"### sec.25 Penalty for injuring works\n\nEvery person who unlawfully and maliciously destroys or damages, or attempts to destroy or damage, any works or portion of works under this Act shall in addition to any penalty provided by regulations under this Act be guilty of a crime and liable on conviction on indictment to imprisonment for any term not exceeding 10 years.","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"Evidence of arbitrator’s decision","content":"### sec.26 Evidence of arbitrator’s decision\n\nA document signed by and purporting to contain the decision of an arbitrator appointed under the provisions of the agreement shall be evidence of such decision.","sortOrder":34},{"sectionNumber":"sec.27","sectionType":"section","heading":"Exemption from rates and taxes","content":"### sec.27 Exemption from rates and taxes\n\nNo rates, taxes, or charges whatsoever (whether local government or not) shall be imposed, made, or levied, in respect of any works under this Act, or in respect of any land or other property held by any contracting government or constructing authority for the purposes of such works.","sortOrder":35},{"sectionNumber":"sec.28","sectionType":"section","heading":"Recovery of penalties","content":"### sec.28 Recovery of penalties\n\nAll proceedings and penalties for offences against or breaches of any regulations made under this Act not being indictable offences shall be heard and determined and be recovered in a summary way by complaint under the Justices Act 1886 .","sortOrder":36},{"sectionNumber":"sec.29","sectionType":"section","heading":"Reports to be laid before Parliament","content":"### sec.29 Reports to be laid before Parliament\n\nAll reports, statements, and estimates received under this Act by the Governor shall be laid before Parliament without delay.","sortOrder":37}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1946 Act ratified a single agreement between NSW and Queensland for managing border rivers. Over time, scope expanded through three amending agreements (added in 1993 and 2001), broadening and updating the Commission's mandate and the allocation arrangements. A 2020 amendment also formally authorised Queensland's water department as the controlling authority under the Water Act 2000, reflecting machinery-of-government changes. While the core subject matter (shared border river management) remained constant, the regulatory framework grew more detailed and the governance arrangements were modernised, representing a moderate expansion in administrative scope."},"complexity_factors":["Intergovernmental nature — involves two separate state legal systems operating simultaneously, with provisions that must be read alongside both NSW and Queensland law","Layered agreement structure — four separate agreements (original plus three amendments) are all incorporated by reference, requiring readers to consult multiple schedules not reproduced in the main text","Compensation framework (ss.18–21) contains technically intricate rules about notice requirements, exclusion of speculative damages, offsetting benefits, reversionary interests, and lump-sum finality — concepts unfamiliar to non-lawyers","Dual regulation-making powers — both the Commission and the Governor in Council can make regulations, with different parliamentary oversight mechanisms applying to each","Cross-jurisdictional enforcement — Commission orders can be enforced in the Supreme Court of either state, and mandamus writs can be issued by either Supreme Court or the High Court","Industrial relations carve-out in s.16(4) — NSW can apply NSW wages and conditions to workers doing construction inside Queensland, cutting across Queensland labour law","Historical amendments and omissions — multiple definitions and provisions have been omitted or substituted over time, making it difficult to read the current Act as a coherent whole without legislative history","Archaic drafting style (1946 language) with dense, multi-clause sentences throughout"],"plain_english_summary":"The Act implements the interstate agreement between New South Wales and Queensland for managing Dumaresq–Barwon border rivers and establishes the Dumaresq–Barwon Border Rivers Commission whose decisions are binding. It authorises cross‑border water works, controls diversion/abstraction, sets compensation rules (including a 6‑month notice), grants tax exemptions for scheme works, and makes vandalism punishable by up to 10 years’ imprisonment.\n\nIt affects farmers, irrigators, nearby landowners and both state governments by providing the legal framework to allocate, operate and protect shared river resources."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.4 (definition of 'this Act')","severity":"medium","reasoning":"The definition of 'this Act' references 'this Act' as part of its own meaning. While courts would likely read this purposively, it is logically circular — to know what 'this Act' means you must already know what 'this Act' means. Additionally, the definition expansively makes 'this Act' include the agreement and regulations, meaning every reference to 'this Act' throughout the legislation implicitly also refers to the agreement and all regulations, which creates interpretive confusion in sections that separately reference 'this Act and the agreement' (e.g. ss.11, 14, 15, 16), rendering that phrase redundant or tautological.","confidence":0.85,"description":"Circular and self-expanding definition: 'this Act means this Act, the agreement, and any regulations made under this Act.' The definition uses the term being defined ('this Act') within its own definition, creating a classic circular definition."},{"type":"self_contradicting","section":"sec.5A","severity":"medium","reasoning":"A bilateral inter-governmental agreement where only one party's obligation is conditional on the other's participation, with no reciprocal protection, undermines the foundational purpose of a binding agreement. The Act ratifies both states' obligations under s.5 but s.5A makes Queensland's binding effect entirely parasitic on NSW's. This is internally inconsistent with the bilateral ratification framework in s.5.","confidence":0.72,"description":"The binding effect provision is logically one-sided and potentially circular. It states the agreement binds Queensland only 'while the agreement continues to be binding on New South Wales.' This creates an asymmetry — NSW's obligation to be bound appears unconditional, while Queensland's is conditional on NSW's. More critically, there is no equivalent provision stating the converse, meaning if NSW chose to cease treating the agreement as binding, Queensland would automatically be released, but not vice versa."},{"type":"other","section":"sec.6(1)(c)","severity":"low","reasoning":"A $100 penalty that has never been indexed to inflation (equivalent to roughly $4,000-$5,000 in 2024 dollars, though the cap itself was never amended) creates a situation where the penal provision is practically a dead letter. Identical unamended cap appears in s.22. This is a practical absurdity common in old legislation but nonetheless a real defect.","confidence":0.8,"description":"The maximum penalty for breaching commission regulations is capped at $100 — a figure set in 1946 and never updated — rendering it effectively meaningless as a deterrent in the modern era. While not a logical absurdity per se, it creates an impossible compliance incentive: the penalty is so negligible it cannot serve any regulatory purpose."},{"type":"impossible_compliance","section":"sec.19(b)","severity":"high","reasoning":"A claimant must simultaneously prove (a) the deterioration IS (present tense) a direct result, and (b) it WILL BE (future tense) permanent. At the time of bringing a claim, permanence cannot be established as fact. Pairing this with s.20 (which allows a stay until works are complete) partially addresses incompleteness, but does not resolve the impossibility of proving future permanence as a present fact. This creates an effectively unachievable standard that may bar legitimate compensation claims.","confidence":0.88,"description":"Impossible compensation threshold: No compensation is payable for diminution of water supply unless the deterioration 'is the direct and will be the permanent result of the completed works.' This requires a claimant to prove a future permanent outcome at the time of the claim, which is logically impossible — a court cannot verify permanence prospectively. The use of both past and future tense ('is the direct and will be the permanent result') within a single conjunctive condition creates an internally contradictory evidentiary standard."},{"type":"self_contradicting","section":"sec.19(f) read with sec.19(e)","severity":"high","reasoning":"Paragraph (e) explicitly prohibits speculative damages. Paragraph (f) explicitly permits compensation for future injury not yet sustained. Future injury that has not yet occurred is inherently speculative. These two paragraphs operate simultaneously and are irreconcilable without reading one as an exception to the other, but no such hierarchy is specified. A claimant awarded future damages under (f) could be said to have received speculative damages prohibited by (e).","confidence":0.82,"description":"Internal contradiction within s.19: Paragraph (e) restricts damages to 'direct pecuniary injury' and excludes 'remote, indirect, or speculative damages,' while paragraph (f) empowers a court to award compensation for 'all future injury, loss, or damage' of a permanent or continuing character. Future damages are by definition speculative — they have not yet occurred — creating a direct logical conflict within the same section."},{"type":"impossible_compliance","section":"sec.21(4) read with sec.19(f)","severity":"medium","reasoning":"The combination of: requiring proof of permanence (s.19(b)), allowing stays pending completion (s.20), awarding lump-sum finality for all future loss (s.19(f)), and declaring full discharge for all future injury (s.21(4)) creates a procedural trap where a claimant is simultaneously told to wait for certainty and forced to accept a permanent settlement based on uncertain future facts.","confidence":0.7,"description":"Double finality trap: Section 21(4) declares compensation awards to be 'in full discharge and satisfaction' of claims including 'all future injury, loss, or damage.' Section 19(f) allows a court to award a sum covering all future injury. However, s.19(b) requires that damage 'will be the permanent result of the completed works' before any compensation for water supply diminution is awarded. Together these provisions force a claimant into a position where they must litigate while works are incomplete (or wait), accept a once-and-for-all settlement for damages not yet suffered, on the basis of proving permanence which cannot yet be known."},{"type":"other","section":"sec.6(3)","severity":"medium","reasoning":"It is logically absurd that regulations about meeting times (s.6(1)(a)) and conduct of proceedings (s.6(1)(b)) require tabling and are disallowable by Parliament, but regulations that impose criminal penalties of up to $100 (s.6(1)(c)) are exempt from this scrutiny. The hierarchy of accountability is inverted relative to the importance of the subject matter.","confidence":0.78,"description":"The tabling obligation applies only to regulations under s.6(1)(a) and (b) — relating to meetings and proceedings — but not to regulations under s.6(1)(c) which prescribe penalties. This means penalty-creating regulations are not subject to parliamentary scrutiny through disallowance, while administrative meeting regulations are. This inverts the expected priority of parliamentary oversight."},{"type":"other","section":"sec.16(3)","severity":"medium","reasoning":"Section 17 was omitted in 1967 per the legislative notes. Section 16(3) refers to land being taken 'in the same manner as if such land were required by the said commissioner for works referred to in section 15' — but s.15 itself does not describe an acquisition procedure, it merely authorises construction. The acquisition procedure was likely in s.17. Its omission leaves s.16(3) referring to a process that no longer exists in the Act.","confidence":0.65,"description":"Section 16(3) provides that land in Queensland required for New South Wales works 'may be taken by the State' subject to the Governor's approval, and 'in the same manner as if such land were required by the said commissioner for works referred to in section 15.' However, section 17 (which presumably defined or governed that acquisition process) was omitted from the Act in 1967. The cross-reference in s.16(3) to s.15 works methodology is thus broken — the comparator procedure it relies upon has been removed."},{"type":"other","section":"sec.4 (definition of 'agreement') read with sec.4 (definitions of 'original agreement', 'first amending agreement', 'second amending agreement', 'third amending agreement')","severity":"low","reasoning":"While consolidation of agreements by reference is common, the definition structure means 'the agreement' is simultaneously the original and three amendments, with no stated rule of precedence. In practice this is manageable, but logically the defined term 'agreement' does not refer to a single document and creates potential ambiguity in provisions that refer to the singular 'the agreement.'","confidence":0.55,"description":"'Agreement' is defined to mean the original agreement as amended by the three amending agreements. But 'original agreement', 'first amending agreement', 'second amending agreement', and 'third amending agreement' are each separately defined. The definition of 'agreement' is thus an amalgam defined in terms of four other defined terms, which themselves point to four different schedules. The definition of 'agreement' does not produce a single coherent instrument — it produces a layered composite, making it unclear which version of any provision prevails where amending agreements conflict with or modify the original."}],"contradictions":[{"severity":"low","section_a":"sec.11","section_b":"sec.10","confidence":0.55,"description":"Section 11 makes commission orders binding on 'the Government and all persons and corporations' subject to the Act and agreement. Section 10 allows the Supreme Court or High Court to compel the commission by mandamus to perform its duties. Together these create a logical tension: the commission's orders bind the Government (including implicitly the courts in their administrative capacity), yet a court can override or compel the commission. The commission cannot simultaneously be subject to court compulsion and have its orders bind the government that operates the courts."},{"severity":"medium","section_a":"sec.6(2)","section_b":"sec.6(4)","confidence":0.75,"description":"Section 6(2) provides that regulations take effect from the date of the last gazette publication (or a later specified date). Section 6(4) provides that a disallowance resolution passed within 15 sitting days of tabling causes the regulation to 'cease to have effect.' However, because regulations take effect upon gazette publication (s.6(2)) and tabling occurs within 14 sitting days after that (s.6(3)), a regulation is legally in force and operative before it can be disallowed. There is no provision for retrospective invalidation upon disallowance, meaning acts done under the regulation during the interim period remain valid, creating a gap in the disallowance mechanism."},{"severity":"high","section_a":"sec.19(c)","section_b":"sec.19(b)","confidence":0.83,"description":"Section 19(c) bars compensation for taking or diverting water that the constructing authority is empowered to take. Section 19(b) bars compensation for diminution of water supply unless the claimant is deprived of a supply 'previously legally enjoyed.' Where a claimant holds a legal water entitlement that is diminished by an authorised diversion, s.19(b) suggests compensation is available (legal enjoyment is lost), but s.19(c) bars it (the diversion is authorised). These paragraphs directly conflict in this factual scenario, leaving a claimant with an irresolvable ambiguity about whether they can claim compensation for loss of legally-held water rights caused by authorised diversions."},{"severity":"medium","section_a":"sec.27","section_b":"sec.16(4)","confidence":0.62,"description":"Section 27 exempts works and associated land from 'all rates, taxes, or charges whatsoever.' Section 16(4) allows NSW to apply NSW wages and conditions in Queensland worksites, effectively overriding Queensland's industrial laws. Taken together, NSW-operated works in Queensland are exempt from Queensland taxes AND Queensland industrial relations law, meaning Queensland jurisdiction is doubly displaced on its own territory. While not a direct logical contradiction, the combined effect creates an anomalous enclave of NSW law within Queensland that the Act does not coherently justify or limit."},{"severity":"medium","section_a":"sec.18(a)","section_b":"sec.20","confidence":0.7,"description":"Section 18(a) requires notice of damage to be given within 6 months of damage being occasioned. Section 20 allows a court to stay proceedings where works are incomplete. However, if damage occurs during incomplete works, the 6-month notice clock in s.18(a) begins running, yet s.20 may stay proceedings for completion of those works — which could extend beyond 6 months. A claimant who gives notice within 6 months but whose proceedings are stayed beyond that point is then caught in a position where s.18(b) may be argued against them (failure to proceed without unreasonable delay) due to the court-ordered stay — a contradiction between a statutory obligation imposed on the claimant and a judicial power that prevents compliance."}]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s scope has been extended since the original text by the insertion and ratification of multiple amending agreements and statutory additions. The statute now expressly ratifies the first, second and third amending agreements (sec.5; see sec.4 defs), makes the agreement binding on Queensland while binding on New South Wales (sec.5A), and authorises the department administering the Water Act 2000 to act as Queensland’s controlling authority (sec.22A). These additions broaden which instruments, bodies and administrative arrangements operate under the Act."},"complexity_factors":["Cross‑jurisdictional structure: ratifies an original agreement plus three amending agreements and makes the agreement binding on Queensland while it remains binding on New South Wales (sec.5, sec.5A, sec.4 definitions).","Independent commission with rule‑making power whose regulations have the force of law and whose meeting/conduct regulations are subject to parliamentary disallowance (sec.6, sec.7).","Administrative discretion in appointments and delegation: Governor may appoint commissioner(s) and determine salaries; 'constructing authority' and 'controlling authority' definitions confer operational discretion (sec.23; sec.4 defs).","Cross‑border construction and acquisition powers authorising either State or authorised agents to construct, maintain and operate works in the other State, and to take land in Queensland subject to Governor approval (sec.14–16).","Compensation regime with strict procedural limits (6‑month notice), detailed heads of recoverable loss and offsets for benefits, and rules on apportionment between reversion and possession interests (sec.18–21).","Mixed sanctioning framework: summary penalties for regulation breaches (up to $100, sec.6, sec.22), recovery under Justices Act (sec.28), and serious criminal offence for malicious damage with up to 10 years’ imprisonment (sec.25).","Evidence presumptions easing enforcement: certified copies of regulations, minutes and arbitrator decisions are prima facie evidence (sec.8, sec.12, sec.26).","Fiscal and ownership effects: exemption of works and related land from rates, taxes or charges (sec.27) alters financial incidence and local revenue streams.","Recent statutory adjustments expanding operational scope and agency roles, including authorising the department administering the Water Act 2000 to act as a controlling authority for Queensland (sec.22A).","Judicial enforcement mechanisms: commission orders bind governments and persons and may be made rules of Supreme Courts; mandamus available to compel performance (sec.10, sec.11)."],"plain_english_summary":"This Act ratifies inter‑state agreements about the Border Rivers, establishes the Dumaresq–Barwon Border Rivers Commission with power to make regulations (subject to limited parliamentary disallowance), and authorises construction, maintenance and operation of cross‑border water works. It sets rules on land acquisition, compensation for damage, evidence and enforcement, and creates criminal and summary penalties.\n\nThe law mainly affects the New South Wales and Queensland governments and their authorised agents, landowners and users of water near the works, because it governs who may divert water, who builds and pays for works, how claims for loss are made, and which bodies decide and enforce those rules."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has grown beyond its original 1946 scope through three amending agreements (1993, 2001, and presumably earlier). The original Act likely dealt with basic water sharing and the commission's establishment, but has expanded to include: detailed industrial relations provisions allowing cross-border application of award conditions (s.16), specific departmental authorisations linking to the Water Act 2000 (s.22A, added 2020), and increasingly complex regulation-making and disallowance procedures involving both state parliaments."},"complexity_factors":["Multiple nested agreements referenced (original plus three amending agreements)","Cross-border jurisdictional complexity — applies to two states with different parliamentary procedures","Dual regulation-making powers (Commission makes regulations under Part 3, Governor in Council under Part 6)","Detailed compensation rules with multiple exceptions and conditions (6-month notice period, specific exclusions for water supply diminution, set-off provisions for benefits received)","Interplay between the Act and scheduled agreements — 'this Act' is defined to include the agreements and regulations","Specific evidentiary provisions and enforcement mechanisms (mandamus, Supreme Court rules)","Industrial relations override in section 16(4) allowing NSW to apply its own award conditions in Queensland"],"plain_english_summary":"This legislation creates a framework for managing water resources along the border between New South Wales and Queensland, specifically focusing on the Border Rivers system (including the Dumaresq and Barwon rivers).\n\n**What it does:**\n- **Ratifies agreements** between NSW and Queensland about sharing and managing water from the Border Rivers\n- **Establishes the Dumaresq-Barwon Border Rivers Commission** — a body with powers to make regulations about water management, hold meetings, manage staff, and make binding decisions\n- **Authorises construction of water infrastructure** (dams, weirs, channels) by both states, including allowing NSW to build works in Queensland and vice versa\n- **Sets rules for compensation** when water works damage private property, including strict time limits (6 months) and specific rules about what can be claimed\n- **Provides enforcement mechanisms** — commission orders can be enforced like court orders, and the commission can be compelled by courts to perform its duties\n\n**Who it affects:**\n- Farmers and landholders along the border rivers who may be affected by water diversions or construction\n- Both state governments and their water departments\n- The Border Rivers Commission itself\n- Anyone employed by or contracting with the commission\n\n**Why it matters:**\nWater is scarce in Australia, and rivers don't respect state borders. This Act prevents conflicts between NSW and Queensland over water rights by creating a joint governance structure. It ensures both states can build infrastructure to secure water supplies while protecting landowners through compensation rights — though those rights are tightly restricted (for example, you can't claim for reduced water flow unless it completely cuts off your legal water right)."}},"importantCases":[],"_links":{"self":"/api/acts/new-south-wales-queensland-border-rivers-act-1946","history":"/api/acts/new-south-wales-queensland-border-rivers-act-1946/history","analysis":"/api/acts/new-south-wales-queensland-border-rivers-act-1946/analysis","conflicts":"/api/acts/new-south-wales-queensland-border-rivers-act-1946/conflicts","importantCases":"/api/acts/new-south-wales-queensland-border-rivers-act-1946/important-cases","documents":"/api/acts/new-south-wales-queensland-border-rivers-act-1946/documents"}}