Part 10Miscellaneous

Part 10—Miscellaneous 70—Inspection of infrastructure etc by Minister (1) The Minister, or a person authorised by the Minister, may inspect the Scheme infrastructure and the disposal basins at any time during the course of construction and at any time after construction is completed. (2) For the purposes of an inspection under subsection (1), the Minister or authorised person may— (a) enter any land whether on foot or in a vehicle; and (b) put to any person any question relating to the construction or maintenance of the Scheme infrastructure or the disposal basins; and (c) take photographs, films or video or audio recordings or make a record in any other manner or by any other means. (3) A person who— (a) without reasonable excuse hinders or obstructs the Minister or an authorised person engaged in exercising powers under this section; or (b) fails to answer a question put by the Minister or an authorised person to the best of his or her knowledge, information or belief; or (c) uses abusive, threatening or insulting language to the Minister or an authorised person when exercising powers under this section, is guilty of an offence. (4) A person is not excused from answering a question when required to do so under this section on the ground that the answer might tend to incriminate the person or make him or her liable to a penalty. (5) However, if the person objects to answering the question on that ground, the answer is not admissible against the person in any criminal proceedings other than proceedings for an offence with respect to false or misleading statements. (6) A person entering land under this section must comply with the requirements of section 71. 71—Entry onto land (1) The owner or occupier of land that is liable to be entered by the Minister or the Trust, or a person authorised by the Minister or the Trust, under this Act may serve on the Minister or the Trust notice setting out the procedures that must be followed when entering the land in order to reduce the risk of pests or diseases entering the land. (2) The procedures set out in a notice under subsection (1) come into operation for the purposes of this section at the expiration of seven days after the notice is served on the Minister or the Trust. (3) The Minister or the Trust must serve a copy of every notice served on the Minister or the Trust under subsection (1) on the person or persons who are for the time being authorised by the Minister or the Trust to enter land under this Act. (4) A person who has notice of procedures referred to in subsection (1) that are in operation and are reasonable and are genuinely intended to reduce the risk of spreading pests or diseases must not enter the land to which the procedures relate pursuant to this Act without following them. (5) A person entering or occupying land under this Act must cause as little inconvenience to other users of the land as is reasonably practicable. 72—Property in water The underground water pumped by the Trust under this Act is, while the water is in the Scheme infrastructure, the property of the Trust and may be sold by the Trust to any person. 73—Measurement of water usage (1) Where an irrigated property includes more than one category of land, the owner or occupier of the property may install an appropriate meter or meters to measure the quantity of water used to irrigate each category of land. (2) The owner and occupier of land on which a meter has been installed under subsection (1) must maintain the meter in proper working order. (3) The owner and occupier of an irrigated property must permit a person authorised by the Trust at any reasonable time to— (a) read a meter referred to in subsection (1) or any other meter that measures the quantity of water used on the property; (b) inspect or test a meter referred to in subsection (1). (4) A person must not— (a) remove a meter referred to in subsection (1); or (b) install a pipe or any other device that bypasses the meter; or (c) alter, interfere with or damage the meter, without the written permission of the Trust. 74—Testing of meters (1) If— (a) the owner or occupier of an irrigated property requests the Trust to test the accuracy of a meter owned and used by the Trust to measure the quantity of water used to irrigate the property; or (b) the Trust requests the owner or occupier of an irrigated property to test the accuracy of a meter owned and used by the owner or occupier of the property to measure the quantity of water used to irrigate the property, the Trust or the owner or occupier must arrange for the meter to be tested by a qualified person. (2) If a test referred to in subsection (1) finds that the inaccuracy of the meter is less than the degree of inaccuracy prescribed by regulation for the purposes of this subsection, the person who requested the test must pay to the owner of the meter the cost of the test. 75—Estimation by Trust of water usage Where the quantity of water used to irrigate land (whether an irrigated property to which, or to part of which, a risk management allocation is attached or not) is unknown to the Trust— (a) because a meter has not been installed to measure the water used on that land; or (b) because the Trust is satisfied that the quantity of water as measured by a meter is inaccurate; or (c) because the owner or occupier of the land has contravened or failed to comply with a requirement of section 73, the Trust may estimate the quantity used and the quantity estimated will be taken for the purposes of this Act to be the quantity actually used. 76—Owners and occupiers of land to provide information (1) The Trust may, by notice served on— (a) the owner of an irrigated property or any other person who owns land in the Scheme Area; or (b) an occupier of an irrigated property or any other land in the Scheme Area, request the person on whom the notice is served to provide the Trust with information specified in the notice that the Trust reasonably requires for the purpose of performing its functions or exercising its powers under this Act. (2) A person is only obliged to provide information under subsection (1) that is in his or her possession or under his or her control. (3) A person who fails to comply with a request under subsection (1) is guilty of an offence. (4) A person is not excused from providing information when required to do so under this section on the ground that the information might tend to incriminate the person or make the person liable to a penalty. (5) However, if the person objects to providing the information on that ground, the information is not admissible against the person in any criminal proceedings other than proceedings for an offence with respect to false or misleading information. 77—False or misleading information A person must not knowingly make a statement or provide information under this Act that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular). 78—Service of notices (1) A notice required or authorised by this Act to be served on a person may— (a) be served on, or given to, the person or an agent of the person; or (b) be left for the person at his or her place of residence or business with someone apparently over the age of 16 years; or (c) be sent by post to the person or an agent of the person at his or her last known address; or (d) be sent to the person by facsimile transmission; or (e) be left in a conspicuous place on the land to which the notice relates. (2) Without limiting subsection (1), if a notice is to be served on or given to a company or registered body within the meaning of the Corporations Law 2001 of the Commonwealth, the notice may be served on that company or registered body in accordance with section 109X or 601CX of that Act, as the case requires. 79—Expiry of Act (1) This Act expires on 30 September 2030. (2) Immediately before the expiration of this Act the assets and rights (including the water disposal easement) and liabilities of the Trust vest in or attach to the Crown. 80—Regulations (1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act. (2) Without limiting subsection (1), the regulations may— (a) provide for the categorisation of land based on the classification under section 33 of the land's degree of risk; and (b) provide for the measurement or estimation of the quantity of water used to irrigate land; and (c) prescribe, and provide for the recovery of, fees relating to the administration of this Act; and (d) prescribe fines not exceeding $2 500 for contravention of or failure to comply with a regulation. (3) A regulation made under this section or any other provision of this Act may confer discretionary powers.