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NEW SOUTH WALES--QUEENSLAND BORDER RIVERS ACT 1947 - SECT 21
Controlling Authority may restrict diversions of water
21 Controlling Authority may restrict diversions of water
(1) Notwithstanding any provision contained in any Act or the terms of any
licence, permit, authority or approval granted to divert water from the
Dumaresq Storage or the Carrier Rivers the Controlling Authority shall have
power to direct the holder of any licence, permit, authority or approval to
cease or reduce any diversions of water from the Dumaresq Storage and the
Carrier Rivers to such extent and for such time or times as may by the
Controlling Authority be considered necessary: (a) to enable it to give effect
to any direction issued to it by the Commission under clause thirty-eight of
the Agreement, or
(b) if the Controlling Authority is of the opinion that the
quantity of water being diverted into the State of New South Wales is or is
likely to be in excess of the share of the water discharged from the Dumaresq
Storage available for the use of such State under the Agreement.
(2) In the
event of the holder of any licence, permit, authority or approval failing to
comply with any direction given by the Controlling Authority under subsection
one of this section, the Controlling Authority may give such holder notice by
registered letter addressed to the holder at the holder's address last known
to the Controlling Authority that after the expiration of the period specified
in the notice it is the intention of the Controlling Authority to cancel or
suspend the licence, permit, authority or approval.
At the expiration of the period specified in the notice the licence, permit,
authority or approval shall be cancelled or suspended as stated in the notice
unless the Controlling Authority shall have annulled or withdrawn the notice
in the meantime.
(3) Every holder of a licence, permit, authority or approval
who diverts water from the Dumaresq Storage or the Carrier Rivers when the
licence, permit, authority or approval has been cancelled or suspended by the
Controlling Authority under the provisions of subsection two of this section
shall, upon conviction, be liable for the first offence to a penalty not
exceeding 0.5 penalty unit, and for a subsequent offence to a penalty not
exceeding 2 penalty units, or where the offence is a continuing one, to a
penalty not exceeding 0.1 penalty unit for every day during which the offence
is continued.
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