Soil Conservation and Rivers Control Act 1941

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Reprint as at 10 September 2008

Soil Conservation and Rivers Control Act 1941

Public Act1941 No 12
Date of assent29 September 1941
Commencement29 September 1941

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry for the Environment.


Contents

Title

1 Short Title

2 Interpretation

Part 1
Minister for the Environment

3 Soil Conservation and Rivers Control Council established [Repealed]

4 Chairman of Council [Repealed]

4A Deputies of members [Repealed]

5 Members of Council not personally liable [Repealed]

6 Meetings of Council [Repealed]

7 Minister may attend meetings of Council [Repealed]

8 Travelling expenses and allowances [Repealed]

9 Officers of Council [Repealed]

10 Objects of Act

10A Relationship to Resource Management Act 1991

11 Functions of the Authority [Repealed]

12 Authority to have powers of Commission of Inquiry [Repealed]

13 Catchment territory, catchment areas, and Catchment Commissions [Repealed]

14 Regulation of certain operations in catchment areas [Repealed]

15 Offences against regulations [Repealed]

16 Soil conservation reserves

17 Offences in relation to soil conservation reserves

18 Unbranded animals trespassing in soil conservation reserves

19 Acquisition of other land

20 Disposal of land not required

21 Surveys and inspections

22 Powers of Authority as to watercourses and defences against water [Repealed]

23 Incidental powers of Authority [Repealed]

23A Delegation of work [Repealed]

23AA Delegation of powers and functions to Catchment Commission [Repealed]

23B Administrative rates in catchment areas [Repealed]

24 Local authorities may contribute towards cost of constructing or maintaining works executed by Authority [Repealed]

24A Financing local authority's share of cost of works it undertakes by agreement with Authority [Repealed]

25 Contribution by landowners to cost of works [Repealed]

26 Exercise by Minister of powers of Catchment Board or other authority in default [Repealed]

27 Recovery by Minister of cost [Repealed]

28 Minister may empower Valuer-General to raise the amount due by means of rates [Repealed]

29 Repeal

30 Grants and loans by Minister

30A Land improvement agreements

31 Expenditure to be appropriated by Parliament and receipts to be paid to Crown Bank Account

32 Contracts and consents by Authority [Repealed]

33 Annual report of Authority [Repealed]

33A Minister or Tribunal to hear matters

33B Appeal on a question of law

33C Notice of appeal

33D Right to appear and be heard on appeals

33E Orders relating to determination of appeals

33F Dismissal of appeal

33G Appeal in respect of additional point of law

33H Extension of time

33I Date of hearing

33J Appeals to Court of Appeal

Part 2
Catchment districts

34 Constitution of catchment districts

34A Extending jurisdiction of Catchment Boards

35 Union of districts

36 Property, etc, of original districts to vest in united district

37 Alteration or abolition of districts [Repealed]

37A Constitution, alteration, or abolition of districts

38 Financial arrangements on alteration or abolition of districts

39 Creditors not affected by alteration or abolition of districts

Part 3
Catchment Boards

40 Catchment Boards

41 Constitution of Boards

42 Combined districts

42A Ward or group of wards may be declared separate constituent district

43 Alteration of constituent districts not to affect constitution of Board

Appointments and elections of members of Boards

44 Appointment of non-elective members

45 Election of members for constituent districts

46 Election of members for combined districts

47 Expenses of elections [Repealed]

48 Deposits by candidates [Repealed]

49 Date of first election of Board

50 Dates of general elections of Boards [Repealed]

51 In default of election Governor-General may appoint members

52 Members to come into office on date of election or appointment [Repealed]

53 Qualification of members

54 Disqualification from election or appointment

55 Vacation of office by member

56 Filling of extraordinary vacancies

Ouster of office

57 Ouster of office

The Chairman

58 Chairman to be elected by Board

59 Remuneration of Chairman [Repealed]

Part 4
Proceedings of Boards

60 Majority of Board to determine questions before the Board

61 Questions decided by open voting

62 Chairman to preside at meetings

63 Member not to vote on matter in which he has pecuniary interest [Repealed]

64 First meetings of Boards

65 Annual and ordinary meetings of Boards

66 Special meetings

67 Adjournment and postponement of meetings

68 Meetings to be open [Repealed]

69 Business at ordinary meetings

70 Extraordinary business

71 Revocation of resolutions

72 Committees

73 Proceedings not invalid by reason of irregularities in election of members, etc

74 Regulating the conduct of business

Minutes

75 Minutes of meetings

Special orders

76 Making of special orders

77 Evidence of special orders

78 Proceedings to quash special orders

Public offices

79 Public offices

Officers

80 Board may appoint officers

81 Board may contract with officers and servants as to tenure of office [Repealed]

82 Acting officers

83 Certain officers to give security

Part 5
Rating and classification of lands for rating

[Repealed]

Administrative rates

[Repealed]

84 Administrative rates [Repealed]

General rates

[Repealed]

85 General rates [Repealed]

Separate rates

[Repealed]

86 Separate rates [Repealed]

Special works rates

[Repealed]

87 Special works rate over whole of district [Repealed]

88 Special works rate over portion of district [Repealed]

89 Maintenance rate in respect of special work [Repealed]

Special rates and maintenance rates

[Repealed]

90 Special rates in respect of loans [Repealed]

91 Maintenance rate in respect of works constructed out of special loan [Repealed]

General as to rates

[Repealed]

92 Valuation roll for the district [Repealed]

93 Separate rate or special works rate may be made an annually recurring rate [Repealed]

94 Provision as to maximum rate where rates levied on a graduated scale [Repealed]

95 Board may direct rate to be levied [Repealed]

96 Local authorities may collect rates within their respective jurisdictions [Repealed]

97 Annual value and capital value [Repealed]

98 Rates to be handed to Board less cost of collection [Repealed]

99 Liability if local authority neglects to collect rate [Repealed]

100 Local authority may pay amount of rate out of its general fund [Repealed]

100A Liability of Catchment Boards for rates [Repealed]

100B Consolidated rate [Repealed]

Classification of lands for rating

[Repealed]

101 Rates to be levied on a graduated scale according to classification of lands affected [Repealed]

102 General classification of lands [Repealed]

103 Appeals [Repealed]

104 Signed list to be sufficient evidence of classification [Repealed]

105 Amendment of classification list [Repealed]

106 Separate classification lists for particular rates [Repealed]

106A Rating by agreement [Repealed]

106B Rating on area system [Repealed]

Part 6
Finance

Borrowing

107 Borrowing powers of Boards

108 Advances out of general account for benefit of defined part of district [Repealed]

108A Loans to meet emergency expenditure may be charged on defined part of district

109 Classification of lands before loan poll taken [Repealed]

110 Number of votes that ratepayer may exercise at loan poll [Repealed]

Receipts and expenditure

111 Moneys to be paid into bank

112 Board may establish an Imprest Account

113 Collectors to pay over moneys

113A Remuneration, etc, of assessors

114 Travelling expenses of members

114A Annual allowances and remuneration of Chairman, chairmen of standing committees, and members [Repealed]

115 Insurance of members against personal accident while engaged in duties

115A Subscriptions to Catchment Authorities' Association, etc

116 Unauthorised expenditure [Repealed]

Accounts and audit

117 Books of account to be kept

118 Accounts to be kept in accordance with requirements of Auditor-General

119 Transfers from General Account to meet deficiencies

120 Establishment of renewal or replacement funds

121 Yearly statement of financial position and statements

Part 7
Powers and duties of Boards

Contracts

122 Boards may enter into contracts for purposes of Act

123 Mode of contracting [Repealed]

124 Boards may make compositions

125 Boards may contract with local authorities or Crown

General functions and powers

126 General powers of Catchment Boards

127 Boards to keep hydrological records [Repealed]

128 Schemes of works to be prepared by Boards and approved by Minister and Authority [Repealed]

129 Boards to furnish information to Minister

129A Board to furnish information to constituent local authorities

130 Governor-General may vest control of watercourses in Boards [Repealed]

Particular powers

131 Public Works Act 1981 to apply to construction of works

132 Powers of Boards to enter for survey and investigation

133 Maintenance and improvement of watercourses and defences against water, etc

134 Afforestation, etc

135 Incidental powers of Boards

136 Notice to authority concerned before interfering with roads, etc

137 Notice in respect of works to be undertaken on private land

138 Boards may apportion cost of works with owners of lands

139 Land may be purchased on system of time payment

140 Leasing powers of Boards

Supervision of Drainage Boards, River Boards, and local authorities

141 Schemes for reorganisation or abolition of internal drainage and river districts

142 Reorganisation and abolition of internal drainage and river districts

143 Supervision of drainage works and river works

144 Exercise by Catchment Board of powers of Drainage Board, River Board, or local authority in default [Repealed]

Compensation

145 Compensation for injury or damage

145A Compensation for acts of Catchment Commissions, local authorities, and Catchment Boards [Repealed]

145B Procedure in respect of compensation claims

146 Board may pay for private works used by it

147 Board may purchase land injuriously affected

148 Liability for damages arising from neglect

Part 8
Bylaws

[Repealed]

149 Power to make bylaws for the protection of watercourses and defences against water [Repealed]

150 Power to make bylaws as to land utilisation [Repealed]

150A Disallowance of bylaws [Repealed]

151 Penalties for breach of bylaws [Repealed]

152 Bylaws, how made [Repealed]

152A Effect of bylaws [Repealed]

Part 9
Offences and legal proceedings

Offences

153 Obstruction of Minister or Boards

154 Damage to watercourses and works

155 Interfering with watercourses [Repealed]

156 Offences punishable summarily

157 Time for prosecutions

Legal proceedings

158 Judge not disqualified as being ratepayer

159 Representation of Boards in proceedings in District Court, etc

160 Valuation roll to be evidence of ownership

161 Service of legal proceedings on Boards

162 Notice to be given to Boards of proposed actions [Repealed]

Part 10
Miscellaneous

163 Authentication of documents

164 Notices

165 Power to rectify omissions or to validate irregularities, etc

165A Loss or destruction of records, etc

166 Regulations

167 Regulations to be laid before Parliament [Repealed]

168 Board not to construct works on tidal waters without Governor-General's sanction [Repealed]

169 Government works not to be interfered with

170 Act not to affect property of the Crown

Schedule 1

[Repealed]

Schedule 2

[Repealed]

Reprint notes


An Act to make provision for the conservation of soil resources and for the prevention of damage by erosion, and to make better provision with respect to the protection of property from damage by floods