CHOWILLA
RESERVOIR AGREEMENT.
No. 100 of 1963.
An Act relating
to an Agreement between the Commonwealth and the State of New South Wales with
respect to the construction of a Reservoir at Chowilla.
[Assented
to 1st November, 1963.]
BE it enacted by the Queen’s Most Excellent
Majesty, the Senate, and the House of Representatives of the Commonwealth of
Australia, as follows:—
Short
title.
1.This
Act may be cited as the Chowilla
Reservoir Agreement Act 1963.
Commencement.
2.This
Act shall come into operation on a date to be fixed by Proclamation.
Approval
of agreement.
3.The
agreement a copy of which is set out in the Schedule to this Act is approved.
Financial
assistance.
4.The
payments by the Commonwealth to the State of New South Wales provided for by
the agreement referred to in the last preceding section may be made, by way of
financial assistance to that State on the terms and conditions contained in
that agreement, out of the Consolidated Revenue Fund, which is appropriated
accordingly.
THE
SCHEDULE. Section
3.
An Agreement made this twenty-second
day of October One thousand nine hundred and sixty-three between The Commonwealth of Australia (in
this agreement called “the Commonwealth”) of the one part and The State of New South Wales (in this
agreement called “the State”) of the other part:
Whereas by
an agreement made on the ninth day of September One thousand nine hundred and
fourteen between the Commonwealth, the State, the State of Victoria and the
State of South Australia and referred to in the River Murray Waters Act 1915 of the Commonwealth and the collateral
legislation of the said States as amended by agreements respectively dated the
tenth day of August One thousand nine hundred and twenty-three, the
twenty-third day of July One thousand nine hundred and thirty-four, the
twenty-sixth day of November One thousand nine hundred and forty-eight, the
second day of November One thousand nine hundred and fifty-four, the eleventh
day of September One thousand nine hundred and fifty-eight, and the eighth day
of October One thousand nine hundred and sixty-three (which agreement as so
amended is in this agreement called “the River Murray Waters Agreement”) it was
agreed that the works to be provided under the River Murray Waters Agreement,
as set out in clause 20 of that agreement,
The Schedule—continued.
will include the provision of a water storage
(in this agreement called “the Chowilla Reservoir”) on the River Murray between
Renmark and Wentworth with a capacity of approximately four and three-quarter
million acre-feet of water, and with a roadway along the top of the containing
dam and with provision for vessels drawing four feet six inches of water to
pass:
And whereas the
estimated cost of the construction of the Chowilla Reservoir is Fourteen
million pounds:
And whereas,
pursuant to clause 32 of the River Murray Waters Agreement, the cost of
carrying out the works mentioned in clause 20 of that agreement is to be borne
by the four parties to that agreement, of which the State is one, in equal
shares:
And whereas the
State has sought financial assistance from the Commonwealth towards meeting its
share of the cost of the construction of the Chowilla Reservoir:
And whereas the
Government of the Commonwealth has agreed to submit to its Parliament
legislation providing under section 96 of the Constitution for a grant of
financial assistance to the State in the manner, to the extent, and on the
terms and conditions contained in this agreement:
Now it is
hereby agreed by and between the
parties to the agreement as follows:—
Approval
of Agreement.
1.The
Governments of the Commonwealth and of the State will, as soon as practicable
after the date of this agreement, submit to their respective Parliaments
legislation approving this agreement.
Commonwealth
legislation to provide for grant of financial assistance.
2.The
Government of the Commonwealth will include in the legislation submitted to its
Parliament for the approval of this agreement provisions for the grant under
section 96 of the Constitution of financial assistance to the State in the
manner, to the extent, and on the terms and conditions contained in this
agreement.
Commencement
of agreement.
3.Except
as hereinbefore provided, this agreement shall have no force or effect and
shall not be binding on the parties unless and until it is approved by the
Parliaments the Commonwealth and of the State and until the legislation
referred to in clause 2 of the agreement has been passed, and it shall commence
and come into full force and effect upon the date upon which it is approved by
the Parliaments of the Commonwealth and of the State and the provisions
referred to in clause 2 of the agreement are passed.
Financial
Assistance.
4.Subject
to compliance by the State with the provisions of this agreement, the
Commonwealth will, in accordance with and subject to the provisions of this
agreement, provide financial assistance to the State towards meeting the
State’s obligations under clause 32 of the River Murray Waters Agreement in
respect of the cost of the construction of the Chowilla Reservoir.
Payments
by Commonwealth.
5.—(1.) The Commonwealth will, at the request of the
State from time to time, and subject to the provisions of this agreement, make
payments to the State in pursuance of the last preceding clause of the amounts
that the State is required from time to time to provide to the River Murray
Commission established under the River Murray Waters Agreement under clause 34
of that agreement in respect of the cost of the construction of the Chowilla
Reservoir.
(2.) The State will furnish to the Treasurer of the
Commonwealth such documents and other evidence in support of each request by
the State for a payment to it by the Commonwealth under sub-clause (1.) of this
clause as the Treasurer may from time to time reasonably request, whether the
request by the Treasurer is made before or after the Commonwealth has made a
payment pursuant to the request by the State.
Use of payments.
6.The
State will not use or apply any payment made to it by the Commonwealth under
this agreement except for the purpose of meeting its obligations under clause
34 of the River Murray Waters Agreement in respect of the cost of the
construction of the Chowilla Reservoir.
Interest.
7.—(1.) The State will pay to the Commonwealth
interest on so much of a payment made to the State by the Commonwealth as is
for the time being not repaid calculated from the date on which the payment was
made at the rate provided in this clause.
(2.) The first payment of interest accrued on a
payment made to the State by the Commonwealth will be made six calendar months
after the date on which the payment was made and thereafter interest accrued on
that payment will be paid at half-yearly intervals.
The Schedule—continued.
(3.) The rate at which interest is payable by the
State under this clause in respect of each Commonwealth payment shall be the
rate payable on the long term loan last raised by the Commonwealth in Australia
for public subscription prior to the date upon which the payment was made.
Repayments
by the State.
8.—(1.) Subject to sub-clauses (2.) and (3.) of this
clause, the State will repay to the Commonwealth each payment made by the
Commonwealth under this agreement by twenty equal consecutive half-yearly
repayments, the first repayment in respect of a Commonwealth payment to be made
on the expiry of ten years from the date on which the Commonwealth payment was
made and subsequent repayments to be made at half-yearly intervals thereafter
until the final repayment has been made.
(2.) The Treasurer of the Commonwealth and the
Treasurer of the State may at any time arrange for any payments made by the
Commonwealth under this agreement and not repaid by the State to be
consolidated, and repayment of, and payment of interest on, those payments
shall thereafter be made by the State to the Commonwealth in accordance with
the arrangement so made instead of on the dates ascertained in accordance with
sub-clause (I.) of this clause and clause 7 of this agreement.
(3.) The State may at any time after giving to the
Commonwealth at least one month’s notice of its intention so to do repay to the
Commonwealth the whole of the unrepaid balance of a Commonwealth payment
together with interest accrued thereon to the date of repayment by the State.
Audit.
9.—(1.) The accounts, books, vouchers, documents and
other records of the State relating to the expenditure of moneys received by
the State under this agreement shall be subject to audit by the Auditor-General
of the State.
(2.) Until such time as all amounts to be paid by
the Commonwealth under this agreement are paid, a report on the audits in
respect of each financial year shall be furnished by the Auditor-General of the
State to the Treasurer of the Commonwealth as soon as possible after the
completion of the financial year, indicating whether the expenditure of the
moneys is in accordance with the agreement, and including a reference to such
other matters arising out of the audits as the Auditor-General of the State
considers should be reported to the Treasurer of the Commonwealth.
Supply
of information.
10.The
State will from time to time at the request of the Treasurer of the
Commonwealth furnish to him such information as he may reasonably require for
the purposes of or in relation to this agreement.
Notices.
11.Any
notice, request or other communication to be given or made under this agreement
by the Commonwealth or the Treasurer of the Commonwealth to the State shall be
deemed to have been sufficiently given or made if it is in writing signed by
the Treasurer of the Commonwealth or by any person thereunto authorized in
writing by him, and any notice, application or other communication to be given
or made by the State or the Treasurer of the State to the Commonwealth or to
the Treasurer of the Commonwealth shall be deemed to have been sufficiently
given or made if it is in writing signed by the Treasurer of the State or any
person thereunto authorized in writing by the Treasurer of the State.
In witness whereof the
Prime Minister of the Commonwealth of Australia and the Premier of the State of
New South Wales have signed this agreement for and on behalf of the
Commonwealth and the State respectively on the day and year first hereinbefore
written.
Signed for
and on behalf of The Commonwealth of Australia by the Right Honourable Sir
Robert Gordon Menzies, the Prime Minister of the Commonwealth, in the
presence of—
HAROLD HOLT | ROBERT MENZIES
|
Signed for
and on behalf of the State of New South Wales by the Honourable Robert James
Heffron, the Premier of the Slate, in the presence of—
G. M. GRAY | R. J. HEFFRON
|