Queensland Consolidated Acts Queensland Consolidated Acts(1) A trust may make with any corporation, instrumentality or authority created by or under any Act (other than a port authority) an arrangement whereby such corporation, instrumentality or authority undertakes to contribute in aid of the undertaking and maintenance, or undertaking or maintenance, of any works by the trust under this Act which are or will be to the benefit of such corporation, instrumentality or authority.
(2) Where the trust and any such corporation, instrumentality or authority cannot agree upon an arrangement under this section satisfactory to both parties, the Governor in Council may thereupon determine all matters respecting the proposed arrangement in dispute between them (including, if in dispute, the question as to whether or not the works in question are or will be to the benefit of the corporation, instrumentality or authority concerned or the amount of such benefit, or both such questions) and they shall proceed to complete the arrangement in respect whereof the Governor in Council has made such determinations.
(3) If the trust and any corporation, instrumentality or authority fails to complete any arrangement in respect whereof the Governor in Council has made any determination referred to in subsection (2), the Governor in Council may proceed to determine all such further matters (if any) as the Governor in Council deems necessary or desirable to effect such arrangement, and they shall be deemed to have made such arrangement in terms of such determinations and the instrumentality, corporation or authority in question shall make to the trust all such payments as are required to be made by it pursuant to any such determinations.
(3A) A trust may make with the owner or where the owner is not the occupier, with the owner and occupier, of land within the river improvement area an arrangement whereby such owner, or owner and occupier, as the case may be, undertakes to contribute in aid of the undertaking and maintenance, or undertaking or maintenance, of any works by the trust under this Act which are or will be to the benefit of such owner, or owner and occupier as the case may be.
(3B) Subject to this Act, for the purpose of making an arrangement under subsection (3A), a trust has power to do all things necessary or convenient to be done in connection with, or incidental to, the making of that arrangement.
(3C) Without limiting the generality of subsection (3B), and any other powers conferred upon the trust by this Act other than this section, the powers of a trust include power—
(a) to make and carry out such contracts, agreements or arrangements as are in its opinion necessary or desirable to enable it to properly perform its functions and duties or any of them under this section; and
(b) to obtain, take and hold securities (if any) for the payment of any sum by any person or corporation pursuant to this section (including interest charges and expenses chargeable in respect thereof).
(3D) All contracts or agreements made by a trust in respect of an arrangement under subsection (3A) shall be effectual in law and shall be binding on the trust and all other parties thereto, their successors, executors, administrators, and permitted assigns, as the case may be, and it shall be deemed that the works referred to in such contracts or agreements are or will be to the benefit of the owner or owner and occupier in question.
(3E) In the case of default under the provisions of any contract or agreement under subsection (3A), either by the trust or by any other party thereto, such actions may be maintained thereon and such damages and costs recovered by or against the trust or the other parties failing to comply with those provisions, as might have been maintained and recovered if the same contracts or agreements had been made between private persons only.
(3F) The remedies provided in the case of default, under subsection (3E), are in addition to, and not in substitution for, the remedy made available to a trust under subsection (4).
(4) Any sum payable by any corporation, instrumentality, authority or owner or occupier of land pursuant to this section and not duly paid shall be recoverable by the trust in any court of competent jurisdiction by action as for a debt.