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New South Wales act
This Act gives the Governor power to proclaim and define a catchment area for the Googong Dam (s4), lets the Minister make rules controlling activities inside that area and impose small penalties (s5), and allows landowners whose interests are harmed by those rules to seek compensation from the Minister (s6). It affects landowners, users of the catchment and officials making or enforcing rules; decision-makers are the Governor (proclamations) and the Minister (regulations and compensation).
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Direct links to the current provisions in Googong Dam Catchment Area Act 1975.
2 Act binds Crown
This Act binds the Crown.
3 Definitions
In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
catchment area means lands in respect of which a proclamation made under section 4 (1) is in force.
Googong Dam Area has the meaning ascribed thereto in the Canberra Water Supply (Googong Dam) Act 1974 of the Parliament of the Commonwealth, as amended from time to time.
4 Catchment area
(1) The Governor may by proclamation published in the Gazette:
(a) declare any lands, whether including the whole or any part of the Googong Dam Area, to be a catchment area for the Googong Dam Area,
(b) amend the boundaries of the catchment area declared under paragraph (a), or
(c) revoke a proclamation made under paragraph (a) or (b).
(2) A proclamation made under subsection (1) may define the catchment area:
(a) in metes and bounds,
(b) by reference to a plan deposited at the office of the Minister, or
(c) partly in metes and bounds and partly by reference to a plan deposited at the office of the Minister.
5 Regulations
(1) The Governor may make regulations not inconsistent with this Act for or with respect to:
(a) the marking of the boundaries of the catchment area,
(b) the inspection of land within and buildings upon the catchment area,
(c) the regulation or the prohibition within the catchment area of:
(i) burials,
(ii) the keeping of animals,
(iii) shooting,
(iv) camping, and
(v) the depositing of litter,
(d) the establishment of and the regulation of activities in recreational areas within the catchment area,
(e) the establishment and regulation of workers’ camps within the catchment area,
(f) the prevention of the destruction of trees, shrubs, herbage or other vegetative cover and the preservation or provision of arboreal cover within the catchment area, and
(g) any matter which is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Regulations may be made so as to apply differently according to such factors as may be specified in the regulations.
(3) A regulation may be made so as to authorise any matter or thing to be from time to time determined, applied or regulated by any person or body specified in the regulation.
(4) A regulation may impose a penalty not exceeding 2 penalty units for an offence against the regulation.
s 5: Am 1992 No 112, Sch 1; 2000 No 53, Sch 3.9.
6 Compensation
(1) A person who has an estate or interest in, or a right or interest in respect of, any land within the catchment area on the date on which a proclamation is made under section 4 (1) which is injuriously affected by a regulation made under this Act is entitled to claim compensation from the Minister in respect of the damage suffered by him.
(2) Section 581 of the Local Government Act 1919 applies to and in respect of a claim for compensation made under subsection (1) in the same way as it applies to a claim for compensation made under the Local Government Act 1919, and in so applying that section, a reference to the council shall be read and construed as a reference to the Minister.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Act
This Act may be cited as the Googong Dam Catchment Area Act 1975.
2 Act binds Crown
This Act binds the Crown.
3 Definitions
In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
catchment area means lands in respect of which a proclamation made under section 4 (1) is in force.
Googong Dam Area has the meaning ascribed thereto in the Canberra Water Supply (Googong Dam) Act 1974 of the Parliament of the Commonwealth, as amended from time to time.
4 Catchment area
(1) The Governor may by proclamation published in the Gazette:
(a) declare any lands, whether including the whole or any part of the Googong Dam Area, to be a catchment area for the Googong Dam Area,
(b) amend the boundaries of the catchment area declared under paragraph (a), or
(c) revoke a proclamation made under paragraph (a) or (b).
(2) A proclamation made under subsection (1) may define the catchment area:
(a) in metes and bounds,
(b) by reference to a plan deposited at the office of the Minister, or
(c) partly in metes and bounds and partly by reference to a plan deposited at the office of the Minister.
5 Regulations
(1) The Governor may make regulations not inconsistent with this Act for or with respect to:
(a) the marking of the boundaries of the catchment area,
(b) the inspection of land within and buildings upon the catchment area,
(c) the regulation or the prohibition within the catchment area of:
(i) burials,
(ii) the keeping of animals,
(iii) shooting,
(iv) camping, and
(v) the depositing of litter,
(d) the establishment of and the regulation of activities in recreational areas within the catchment area,
(e) the establishment and regulation of workers’ camps within the catchment area,
(f) the prevention of the destruction of trees, shrubs, herbage or other vegetative cover and the preservation or provision of arboreal cover within the catchment area, and
(g) any matter which is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Regulations may be made so as to apply differently according to such factors as may be specified in the regulations.
(3) A regulation may be made so as to authorise any matter or thing to be from time to time determined, applied or regulated by any person or body specified in the regulation.
(4) A regulation may impose a penalty not exceeding 2 penalty units for an offence against the regulation.
s 5: Am 1992 No 112, Sch 1; 2000 No 53, Sch 3.9.
6 Compensation
(1) A person who has an estate or interest in, or a right or interest in respect of, any land within the catchment area on the date on which a proclamation is made under section 4 (1) which is injuriously affected by a regulation made under this Act is entitled to claim compensation from the Minister in respect of the damage suffered by him.
(2) Section 581 of the Local Government Act 1919 applies to and in respect of a claim for compensation made under subsection (1) in the same way as it applies to a claim for compensation made under the Local Government Act 1919, and in so applying that section, a reference to the council shall be read and construed as a reference to the Minister.