Queensland Beef Cattle Roads Agreement Act 1962 (Cth)
QUEENSLAND BEEF CATTLE ROADS AGREEMENT ACT 1962
- Reprinted as at 31 July 1981 (#DATE 31:07:1981)
- Reprinted as at 31 July 1981 (#DATE 31:07:1981)
*1* The Queensland Beef Cattle Roads Agreement Act 1962 (a) as shown in this
the following table:
----------------------------------------------------------------------------
Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement provisions
---------------------------------------------------------------------------- Queensland Beef
Cattle Roads
Agreement Act 1962 104, 1962 14 Dec 1962 1 Feb 1963 (see
Gazette 1963, p.
415)
Queensland Beef
Cattle Roads
Agreement Act 1966 38, 1966 12 Sept 1966 1 Dec 1966 (see
Gazette 1966, p.
5997) -
Statute Law
Revision Act 1973 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1) and 10
---------------------------------------------------------------------------- (a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.
QUEENSLAND BEEF CATTLE ROADS AGREEMENT ACT 1962 - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. (Repealed)
3A. Interpretation
4. Approval of Agreement
4A. Approval of Amending Agreement
5. Financial assistance
FIRST SCHEDULE
Agreement dated 30 November 1962
SECOND SCHEDULE
Amending Agreement
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QUEENSLAND BEEF CATTLE ROADS AGREEMENT ACT 1962 - LONG TITLE SECT
An Act relating to an Agreement between the Commonwealth and the State of Queensland with respect to Works in connexion with certain Roads to be used for the transport of Beef Cattle
QUEENSLAND BEEF CATTLE ROADS AGREEMENT ACT 1962 - SECT. 1.
Short titleSECT
1. This Act may be cited as the Queensland Beef Cattle Roads Agreement Act 1962.*1*
See notes to first article of this CHAPTER.
QUEENSLAND BEEF CATTLE ROADS AGREEMENT ACT 1962 - SECT. 2.
CommencementSECT
2. This Act shall come into operation on a date to be fixed by Proclamation.*1*
Section 3 repealed by No. 216, 1973, s. 3
* * * * * * * *
See notes to first article of this CHAPTER.
QUEENSLAND BEEF CATTLE ROADS AGREEMENT ACT 1962 - SECT. 3A.
InterpretationInserted by No. 38, 1966, s. 3
SECT
3A. In this Act, unless the contrary intention appears-
"the Agreement" means the agreement a copy of which is set out in the First Schedule to this Act;
"the Amending Agreement" means the agreement a copy of which is set out in the Second Schedule to this Act.
QUEENSLAND BEEF CATTLE ROADS AGREEMENT ACT 1962 - SECT. 4.
Approval of AgreementAmended by No. 38, 1966, s. 4
SECT
4. The Agreement is approved.
QUEENSLAND BEEF CATTLE ROADS AGREEMENT ACT 1962 - SECT. 4A.
Approval of Amending AgreementInserted by No. 38, 1966, s. 5
SECT
4A. The Amending Agreement is approved.
QUEENSLAND BEEF CATTLE ROADS AGREEMENT ACT 1962 - SECT. 5.
Financial assistanceAmended by No. 38, 1966, s. 6
SECT
5. The payments (including advances) by the Commonwealth to the State of Queensland provided for in the Agreement as amended by the Amending Agreement may be made, by way of financial assistance to that State on the terms and conditions contained in the Agreement as so amended, out of the Consolidated Revenue Fund, which is appropriated accordingly.
Section 6 repealed by No. 216, 1973, s. 3
* * * * * * * *
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QUEENSLAND BEEF CATTLE ROADS AGREEMENT ACT 1962 - SCHEDULE 1 SCH
THE SCHEDULES
SCHEDULE 1
Section 3A
Headings substituted by No. 38, 1966, s. 8
AN AGREEMENT made the thirtieth day of November 1962 between THE COMMONWEALTH
OF AUSTRALIA (in this agreement called "the Commonwealth") of the one part and THE STATE OF QUEENSLAND (in this agreement called "the State") of the other
part:
WHEREAS-
(a) it is desirable in the interests of the State of Queensland and of the
Commonwealth of Australia generally that certain roads in the State be
constructed to standards which will facilitate the transport of beef cattle and
the export of beef;
(b) by the Queensland Grant (Beef Cattle Roads) Act 1961 the Parliament of
the Commonwealth made provision for the grant by the Commonwealth of financial
assistance to the State during the period of five years that commenced on the
first day of July, 1961, to enable works to be carried out in connexion with
roads to be used for the transport of beef cattle;
(c) in pursuance of the provisions of the said Act, the Commonwealth is
providing financial assistance to the State for the carrying out of works
approved by the Treasurer on behalf of the Commonwealth under the Act in
connexion with the roads mentioned in the First Schedule to this agreement;
(d) it will contribute to the greater efficiency and economy of maintenance
of the roads if additional works are carried out to provide a bituminous surface and other improvements;
(e) the State has requested the Commonwealth to provide, and the Parliament
of the Commonwealth is to be asked to grant, further financial assistance to
enable those additional works to be carried out in conjunction with the approved works, and, if possible, by the thirtieth day of June, 1967;
(f) it is desirable that an agreement, in the terms hereinafter contained,
should be made with respect to the whole of the financial assistance provided
and to be, provided by the Commonwealth to the State after the thirtieth day of
June 1961, in respect of roads in the State to be used for the transport of beef cattle and that the legislation of the Parliament of the Commonwealth approving
and giving effect to this agreement should supersede the said Queensland Grant
(Beef Cattle Roads) Act 1961:
NOW IT IS HEREBY AGREED as follows:
Interpretation
1. In this agreement, unless the contrary intention appears-
"financial year" means a period of twelve calendar months ending on the
thirtieth day of June;
"Schedule" means Schedule to this agreement;
"the works" means the works described in the First Schedule or, if that
Schedule is varied in accordance with clause 10 of this agreement, the works
described in that Schedule as so varied; and
"the Treasurer" means the Treasurer of the Commonwealth and includes such
other Minister of State of the Commonwealth or member of the Federal Executive
Council as is for the time being acting for and on behalf of the Treasurer.
Approval of Agreement
2. This agreement shall have no force and effect and shall not be binding upon either party until it is approved by the Parliament of the Commonwealth and the
Parliament of the State, and the Parliament of the Commonwealth has repealed the Queensland Grant (Beef Cattle Roads) Act 1961.
Operation of Agreement
3. This agreement, when it comes into force, shall be construed and have
effect in all respects as if-
(a) it had come into force on the date of commencement of the Queensland
Grant (Beef Cattle Roads) Act 1961 of the Parliament of the Commonwealth; and
(b) all payments (including advances) made by the Commonwealth to the State
under that Act had been made in pursuance of this agreement.
Financial Assistance
4. (1) 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, not
exceeding in the aggregate Eight million three hundred thousand pounds
(8,300,000 pounds),
towards meeting expenditure on the works.
(2) The financial assistance to the State under this agreement in respect of
the first One million pounds expended on the construction of the road between
Normanton and Julia Creek shall not exceed Six hundred and fifty thousand pounds (650,000).
(3) For the purposes of this agreement expenditure on the works means
expenditure by the State on or in connexion with the works after the thirtieth
day of June, 1961, and includes planning and administrative expenses directly
related to carrying out the works but does not include expenses that would have
been or would be incurred whether or not the works were carried out.
Payments by the 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 amounts equal to expenditure on the
works.
(2) The State will furnish to the Treasurer 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 is made by the Treasurer before or after the Commonwealth has made a payment pursuant to the request by the State.
(3) Any statement of expenditure by the State forwarded to the Commonwealth in connexion with a request for payment in accordance with sub-clause (1) of this
clause shall be certified as to its correctness by the Auditor-General for the
State.
Advances by the Commonwealth
6. (1) The Treasurer may, at such times as he thinks fit, make advances of
such amounts as he thinks fit to the State on account of an amount that may
become payable to the State under clause 5 of this agreement.
(2) An amount or part of an amount advanced by the Treasurer under this clause may be deducted by the Commonwealth from amounts to be paid subsequently under
sub-clause (1) of clause 5 of this agreement, or, if there are no further
amounts to be paid under that sub-clause, shall be refunded by the State to the
Treasurer at his request.
Use of Payments and Advances
7. The State shall ensure that an amount, or any part of an amount, paid to
the State under this agreement is not used or applied except for the purpose of
meeting or of reimbursing the State for expenditure on the works within the
limits of the financial assistance set out in clause 4 of this agreement.
Repayments by the State
8. (1) The State shall repay to the Commonwealth one-half of each amount paid
to the State by the Commonwealth under this agreement (whether by way of a
payment made under clause 5 or an advance made and not refunded under clause 6)
in excess of the first One million seven hundred thousand pounds
(1,700,000 pounds) so
paid.
(2) Subject to sub-clause (3) of this clause the repayment by the State shall
be made by thirty equal consecutive half yearly payments, the first payment in
each case to be made on the fifteenth day of December, 1967, except that, in the event that an amount is paid by the Commonwealth under this agreement on or
after the fifteenth day of December, 1967, the first payment by the State in
that case shall be made on the fifteenth day of June or the fifteenth day of
December next succeeding the date on which the amount was paid by the
Commonwealth.
(3) The State may at any time after giving to the Treasurer at least one
month's notice of its intention to do so, repay to the Commonwealth the whole or any part being not less than Fifty thousand pounds (50,000 pounds)
of so much of an
amount paid to the State by the Commonwealth as is repayable by the State under
this clause and remains unpaid, together with the interest on the amount repaid
accrued to the date of repayment under the next succeeding clause.
Interest
9. (1) The State shall pay to the Commonwealth interest on so much of an
amount paid to the State by the Commonwealth under this agreement as is
repayable by the State under the last preceding clause and for the time being
has not been repaid, calculated from the date on which the amount was paid by
the Commonwealth, at the rate provided in this clause.
(2) The State shall pay the interest for the time being accrued under this
clause on the fifteenth day of June and the fifteenth day of December in each
year.
(3) The rate at which interest is payable by the State under this clause in
respect of each amount paid by the Commonwealth 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 amount was paid.
Execution of the Works
10. (1) The State shall ensure that the works are carried out efficiently and
in conformity with sound engineering and financial practices and in accordance
with the standards of construction set out in the Second Schedule.
(2) To the extent that it is necessary for the more efficient fulfilment of
the objectives of this agreement, the First and Second Schedules may be varied
in such manner and to such extent as the State proposes and the Treasurer
approves.
Expenditure in relation to Commonwealth Aid Roads
11. Subject to provision being made by the Parliament of the Commonwealth for
giving effect to this clause-
(a) amounts expended by the State in respect of which payments are made or to be made to the State under this agreement shall not be taken into account for
the purposes of section six of the Commonwealth Aid Roads Act 1959;*2* and
(b) where the State expends, after the thirtieth day of June, 1961, on the
construction of a road between Normanton and Julia Creek amounts other than
amounts referred to in the last preceding paragraph, the first Three hundred and fifty thousand pounds (350,000) so expended shall not be taken into account for
the purposes of section six of the Commonwealth Aid Roads Act 1959.*2*
Annual Estimates
12. The State shall prepare and furnish to the Treasurer not later than the
thirtieth day of April in each year a statement or statements showing the
estimated expenditure on the works during the next succeeding financial year and estimates of the amounts that the State will request the Commonwealth to pay to
the State under this agreement during that financial year.
Supply of information
13. The State shall from time to time at the request of the Treasurer furnish
to him such information as he may reasonably require for the purposes of or in
relation to this agreement.
Financial Statements
14. The State shall-
(a) keep full accounts and records of all financial transactions, work done,
and plant, stores, materials and equipment used or disposed of, in connexion
with the works; and
(b) furnish to the Treasurer, as soon as possible after the completion of
each financial year in which there is expenditure on the works, a progress
report on the performance of the works, together with financial statements
showing expenditure on the works and each item thereof up to the preceding
thirtieth day of June, the latest estimates of the complete cost of the works,
and the estimated amounts of annual expenditure necessary to complete the works.
Audit
15. (1) The accounts, books, vouchers, documents and other records of the
State relating to the carrying out of the works shall be subject to audit by the Auditor-General of the State.
(2) Until such time as the works are completed, all amounts to be paid by the
Commonwealth under this agreement are paid and supporting evidence to the
satisfaction of the Treasurer in relation to all amounts paid is furnished by
the State, a report on the audits and on the financial statements in respect of
each financial year shall be furnished by the Auditor-General of the State to
the Treasurer as soon as possible after the completion of the financial year,
indicating, inter alia-
(a) whether the financial statements are based on proper accounts and records and are in agreement with those accounts and records; and
(b) whether the expenditure of moneys is in accordance with the agreement,
and including reference to such other matters arising out of the audits and
financial statements as the Auditor-General of the State considers should be
reported to the Treasurer.
Notices, &c.
16. Any notice, request or other communication to be given or made under this
agreement by the Commonwealth or the Treasurer to the State shall be deemed
sufficiently given or made if it is in writing signed by the Treasurer or by any person thereunto authorized in writing by him and any notice, request or other
communication to be given or made by the State to the Commonwealth or the
Treasurer shall be deemed sufficiently given or made if it is in writing signed
by the Minister of the Crown in right of the State for the time being charged
with the administration of the Act of the Parliament of the State by which this
agreement is approved or by any person thereunto authorized in writing by that
Minister.
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THE SCHEDULES
SCHEDULE 1
Clauses 1 and 10
The Works
The construction or improvement, as the case may be, of roads, approximately
of the respective lengths indicated, between:
1. Normanton and Julia Creek . . . . . . . . . . . . . . . 272 miles.
2. Georgetown and the Northern (Inland) Highway, via Mt.
Surprise . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 miles.
3. Mt. Isa and Dajarra . . . . . . . . . . . . . . . . . . 105 miles.
4. Quilpie and Windorah . . . . . . . . . . . . . . . . . 156 miles.
5. Winton and Boulia . . . . . . . . . . . . . . . . . . . 224 miles.
6. Boulia and Dajarra . . . . . . . . . . . . . . . . . . 93 miles.
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SCHEDULE 2
Clause 10
Standards
1. Formation widths-as laid down for a standard 18 feet wide pavement, namely-
(a) earthworks sections . . . . . . . . . . . . . . . . . . . . 26 feet;
(b) formation sections . . . . . . . . . . . . . . . . . . . . . 28 feet.
2. Cross sections, grades and alignment-in accordance with the requirements of the National Association of State Road Authorities of Australia, Policy for
Geometric Design of Rural Roads.
3. Pavements-compacted to 95 per centum relative compaction in accordance with British Standard 1377-1961, and with strengthened shoulders 3 feet wide on all
but sound soils.
4. Paving materials-in accordance with the current standard specification Form 11A of the Queensland Main Roads Department for Surface Course Paving materials.
5. Bituminous surface treatments-12 feet wide comprising in general or the
equivalent of-
(a) (i) priming coat;
(ii) seal coat,
or alternatively-
(b) (i) primer seal coat;
(ii) seal coat,
with an additional seal coat in flood invert sections using tar, bitumen or
bituminous emulsion and stone aggregates all in accordance with the current
Standard Specifications Form 11H and Form 11F of the Queensland Main Roads
Department.
6. California Bearing Ratio to be used to determine the pavement depths using
a traffic loading of 15 to 45 Commercial Vehicles per day.
7. Passing places and off the road areas-at intervals of approximately 20
miles, 300 feet length, allowing for a ten feet extra pavement width, paved
using paving materials and surface treatment as specified in this Schedule.
8. Bridges and floodways-provision of crossing having regard to stream type,
nature of rainfall and the period of inundation-
(a) in general, provision of floodways using concrete or sealed pavements, 22 feet wide with 2 feet protected margins;
(b) on major crossings, if bridging is necessary, structure design in
accordance with A.A.S.H.O.H20-S 16 loading.
Width between kerbs-
(a) length up to 30 feet-formation width;
(b) length over 30 feet-20 feet.
9. Grids-opening of 20 feet and a minimum width of 6 feet, steel construction
on concrete foundations.
IN WITNESS WHEREOF this agreement has been executed by the parties the day and year first above written.
SIGNED for and on behalf of THE COMMONWEALTH OF
AUSTRALIA by the Right Honourable ROBERT GORDON
MENZIES, the Prime Minister of the Commonwealth, in
the presence of-
ROBERT MENZIES
W. H. SPOONER
SIGNED for and on behalf of THE STATE OF QUEENSLAND
by the Honourable GEORGE FRANCIS REUBEN NICKLIN,
the Premier and Chief Secretary of the State, in
the presence of-
FRANK NICKLIN
ALAN FLETCHER
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*2* First Sch., clause 11 and Second Sch., clause 4-The Commonwealth Aid Roads
Act 1959 and the Commonwealth Aid Roads Act 1964 were repealed by the Statute
Law Revision Act 1973 (No. 216, 1973).
QUEENSLAND BEEF CATTLE ROADS AGREEMENT ACT 1962 - SCHEDULE 2 SCH
SCHEDULE 2
Section 3A
Added by No. 38, 1966, s. 9
SCH
AN AGREEMENT made the 29th day of April One thousand nine hundred and
sixty-six.
Between THE COMMONWEALTH OF AUSTRALIA ( in this agreement called "the
Commonwealth") of the one part and THE STATE OF QUEENSLAND (in this agreement
called the "the State") of the other part and intended to be supplemental to
an agreement made on the thirtieth day of November, 1962, between the
Commonwealth and the State (in this agreement called "the principal
agreement").
WHEREAS-
(a) by the principal agreement provision was made in relation to the grant by the Parliament of the Commonwealth of financial assistance to the State to
enable the State to carry out works in connexion with roads to be used for the
transport of beef cattle;
(b) the principal agreement was approved and the financial assistance to the
State on the terms and conditions contained in the principal agreement was
authorized by the Parliament of the Commonwealth by the Queensland Beef Cattle
Roads Agreement Act 1962;
(c) the Commonwealth and the State have agreed, subject to the approval of
the respective Parliaments of the Commonwealth and of the State, that further
financial assistance should be granted to the State in connexion with roads to
be used as aforesaid:
NOW IT IS HEREBY AGREED as follows:
1. This agreement shall have no force or effect and shall not be binding upon
either party until it is approved by the Parliament of the Commonwealth and the
Parliament of the State.
2. When this agreement has been approved by the Parliament of the Commonwealth and the Parliament of the State, the principal agreement shall be construed and
take effect as amended by this agreement.
3. Clause 4 of the principal agreement is amended-
(a) by deleting from sub-clause (1) the words and figures "Eight million
three hundred thousand pounds (8,300,000 pounds)"
and inserting in their place the
words and figures "Twenty million five hundred thousand dollars
($20,500,000)";
(b) by deleting from sub-clause (3) the words and figures "after the
thirtieth day of June, 1961," and inserting in their place the words and
figures "during the period commencing on the first day of July, 1961, and
ending on the thirtieth day of June, 1967.".
4. Clause 11 of the principal agreement is amended by inserting immediately
after the citation "Commonwealth Aid Roads Act 1959",*2* wherever it appears,
the following words and citation "or of section 4 of the Commonwealth Aid Roads Act 1964".*2*
5. The First Schedule to the principal agreement is amended by inserting at
the end thereof-
"7. Dingo and Mt. Flora . . . . . . . . . . . . . . . . . 149 miles.
8. The Battery and Townsville . . . . . . . . . . . . . . 72 miles.
9. Mareeba and Laura . . . . . . . . . . . . . . . . . . 160 miles.
10. The Lynd and Charters Towers . . . . . . . . . . . . . 160 miles.".
IN WITNESS WHEREOF this agreement has been executed by the parties the day
and year first above written.
SIGNED for and on behalf of THE COMMONWEALTH OF
AUSTRALIA by the Right Honourable JOHN McEWEN, the
Acting Prime Minister of the Commonwealth, in the
presence of-
J. McEWEN
FIONA O'CONNOR
SIGNED for and on behalf of THE STATE OF QUEENSLAND
by the Honourable GEORGE FRANCIS REUBEN NICKLIN,
the Premier and Chief Secretary of the State, in
the presence of-
FRANK NICKLIN
J. A. SEWELL
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*2* First Sch., clause 11 and Second Sch., clause 4-The Commonwealth Aid Roads
Act 1959 and the Commonwealth Aid Roads Act 1964 were repealed by the Statute
Law Revision Act 1973 (No. 216, 1973).
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