Queensland Consolidated Acts

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RIVER IMPROVEMENT TRUST ACT 1940 - SECT 2

2 Definitions

In this Act—

approved form see section 23.

banks, in relation to any river, includes all elevations or slopes confining or tending to confine waters flowing in, into, or out of that river during the period of any flood or cyclone to the bed thereof.

land includes any land the fee simple of which is subject to any trust or which is held from the Crown upon any tenure or subject to any trust under any Act relating to the alienation of Crown lands, and also includes any estate or interest in land (legal or equitable) and any easement, right, power, or privilege over, in, or in connection with land.

river includes any stream of water, whether perennial or intermittent, flowing in a natural channel, or in a natural channel artificially improved, or in an artificial channel which has changed the course of the stream of water and any affluent, confluent, branch, or other stream into or from which the river flows and, in the case of a river running to the sea or into any coastal bay or inlet or into a coastal lake, includes the estuary of such river and any arm or branch of same and any part of the river subject to the ebb and flow of the tide at ordinary spring tides.

river improvement area means a river improvement area constituted under this Act.

security includes a mortgage (legal or equitable), encumbrance, charge, lien, bond, debenture, debenture stock, floating charge, bill of sale, lien on wool, mortgage on livestock, lien on crops, guarantee or other written instrument duly issued or granted by way of security to a trust.

trust means a trust constituted under this Act.

works includes—

(a) the whole or any part of any works, project, undertaking, or other matter or thing whatsoever undertaken or maintained under this Act for the purposes of repairing as far as may be damage occasioned to the banks of any river within a river improvement area prior to or after the passing of this Act by flood or cyclone or of preventing as far as may be the future occurrence of such damage; and
(b) any trees, grass, or other plants planted or maintained for any of the aforesaid purposes; and
(c) the removal of dead or growing timber, or other vegetation or aquatic plants, or of silt, shingle, soil, sand, gravel, stone, rock or other matter or thing whatsoever, from the bed, banks or foreshore of any tidal waters or coastal lake or lagoon, or from the water or the bed or banks of a river or from any adjoining, adjacent or nearby lands, the placing or depositing of any such timber, or other vegetation or aquatic plants, or of silt, shingle, soil, sand, gravel, stone, rock or other matter or thing whatsoever, on any adjoining, adjacent or nearby land, including, in the case of removal from adjoining, adjacent or nearby lands hereinbefore referred to, on such lands, and the removal of or otherwise disposing of by burning (where appropriate, having regard to the nature of the matter or thing in question), or by any other means whatsoever, any such timber, or other vegetation or aquatic plants, or of silt, shingle, soil, sand, gravel, stone, rock or other matter or thing whatsoever placed or deposited as aforesaid; and
(d) changing or preventing the changing of the course of a river; defining and constructing the course of a river through a swamp or otherwise draining land; and
(e) preventing the erosion of the bed or banks of a river or of adjoining, adjacent or nearby lands by waters of or from a river; and
(f) preventing the siltation of the course of a river where such work is confined to the bed or banks of a river and adjoining, adjacent or nearby lands; and
(g) preventing or mitigating the inundation of land by flood waters from a river whether the land abuts upon or is adjacent or nearby to the banks of the river; and
(h) deepening, widening, straightening or improving the course of a river; and
(i) preventing the inflow of sea water or saline water into the course of a river; and
(j) preventing the erosion of lands by tidal waters or by the waters of any coastal lake or lagoon.

year means the period of time from and including 1 July in one calendar year to and including 30 June in the next following calendar year.

However, the period of time from and including the date of the constitution of a trust to and including 30 June next ensuing shall in relation to such trust, constitute a year.



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