Snowy Mountains Hydro-electric Power Act 1949 (Cth)
This compilation was prepared on 28 June 2002
taking into account amendments up to Act No. 159 of 2001
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
WHEREAS additional supplies of electricity are required for the purposes of defence works and undertakings:
AND WHEREAS the construction of further defence works and the establishment of further defence undertakings will require additional supplies of electricity:
AND WHEREAS it is desirable that provision should be made now to enable increased supplies of electricity to be immediately available in time of war:
AND WHEREAS the consumption of electricity in the Australian Capital Territory and, in particular, at the Seat of Government within that Territory, is increasing and is likely to continue to increase:
AND WHEREAS it is desirable that the generation of electricity for the purposes referred to in this preamble should be undertaken in such an area and in such a manner as to be least likely to suffer interruption in time of war:
AND WHEREAS, by reason of the foregoing, it is desirable that provision should be made now for the generation of electricity by means of hydro‑electric works in the Snowy Mountains Area:
BE it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia as follows:
This Act may be cited as the
Snowy Mountains Hydro‑electric Power Act 1949 .
This Act shall come into operation on the day on which it receives the Royal Assent.
In this Act, unless the contrary intention appears:
Associate Commissioner means an Associate Commissioner holding office under this Act.
easement includes a licence or a right in the nature of an easement.
owner , in relation to any land, includes any person having an estate or interest in that land.
the Agreement means the agreement between the Commonwealth, the State of New South Wales and the State of Victoria a copy of which is set out in Schedule 1 and, except in section 5A, includes any agreement relating to the Guthega project entered into in accordance with clause 22 of the Agreement.
the Authority means the Snowy Mountains Hydro‑electric Authority.
the Commissioner means the Commissioner constituting the Authority.
the Supplemental Agreement means the agreement between the Commonwealth, the State of New South Wales and the State of Victoria a copy of which is set out in Schedule 2.
This Act shall bind the Crown in right of a State.
(1) The Agreement is approved.
(2) The Supplemental Agreement is approved.
Nothing in this Act shall be taken to affect the rights of the State of South Australia under the agreement a copy of which is set out in the Schedule to the
Murray‑Darling Basin Act 1993 .
(1) For the purposes of this Act, the Snowy Mountains Area shall be an area or areas of land in the south‑eastern portion of the State of New South Wales and the north‑eastern portion of the State of Victoria defined in accordance with this section.
(2) The Governor‑General may, by proclamation, define the boundaries of the Snowy Mountains Area and may, from time to time, by Proclamation, vary the boundaries as so defined.
(3) A Proclamation under this section does not operate to vary the boundaries of the Snowy Mountains Area so as to include land which was not included in that Area on 6 November 1958 unless the variation is made with the prior approval of the Governor‑in‑Council of the State of New South Wales and the Governor‑in‑Council of the State of Victoria.
(4) Where a Proclamation under this section making a variation in the boundaries of the Snowy Mountains Area recites the prior approval of the Governor‑in‑Council of the State of New South Wales and the Governor‑in‑Council of the State of Victoria to that variation, the recital is evidence of the approvals so recited.
(1) For the purposes of this Act, there shall be an Authority to be known as the Snowy Mountains Hydro‑electric Authority.
(2) The Authority shall be constituted by a Commissioner, shall be a corporation sole with perpetual succession and an official seal, may acquire, hold and dispose of real and personal property and shall be capable of suing and being sued in its corporate name.
Note: Subject to section 26, the
Commonwealth Authorities and Companies Act 1997 applies to the Authority. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.(3) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Authority affixed to any document and shall presume that it was duly affixed.
(4) The Commissioner shall be appointed by the Governor‑General.
(1) The Governor‑General may appoint 1 or 2 Associate Commissioners to assist the Commissioner.
(2) An Associate Commissioner shall give such advice and assistance to the Commissioner as the Commissioner requires and shall perform such duties as the Commissioner directs.
(1) The Commissioner and each Associate Commissioner:
(a) shall be appointed for a period not exceeding 7 years; and
(b) may be appointed on a full‑time basis or on a part‑time basis.
(3) Where the period of appointment of the Commissioner or an Associate Commissioner has expired he shall be eligible for re‑appointment.
(1) The Commissioner and each Associate Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal.
(2) The Commissioner and each Associate Commissioner shall be paid such allowances as are prescribed.
(3) This section has effect subject to the
Remuneration Tribunal Act 1973 .
(1) A full‑time Commissioner and a full‑time Associate Commissioner has such recreation leave entitlements as are determined by the Remuneration Tribunal.
(2) The Minister may:
(a) grant a full‑time Commissioner and a full‑time Associate Commissioner leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines; and
(b) grant a part‑time Commissioner and a part‑time Associate Commissioner leave to be absent from a meeting or meetings of the Authority.
If the Commissioner has a material personal interest in a matter that the Authority is considering or is about to consider, he or she must give written notice of the interest to the Minister.
The Governor‑General may terminate the appointment of the Commissioner or of an Associate Commissioner for inability, inefficiency or misbehaviour.
The office of the Commissioner or of an Associate Commissioner shall be vacated:
(a) if, being a full‑time Commissioner or a full‑time Associate Commissioner, he engages in any paid employment outside the duties of his office;
(b) if he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his salary for their benefit;
(c) if he resigns his office by writing under his hand addressed to the Governor‑General and the resignation has been accepted;
(d) if, being a full‑time Commissioner or a full‑time Associate Commissioner, he is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(e) if he, in any way, otherwise than as a member, and in common with the other members, of an incorporated company consisting of not less than 25 persons:
(i) becomes concerned or interested in any contract or agreement entered into by or on behalf of the Authority; or
(ii) participates or claims to participate in the profit of any such contract or agreement or in any benefit or emolument arising from any such contract or agreement; or
(f) if the Commissioner contravenes section 11A without reasonable excuse.
(1) The Minister may appoint a person to act in the office of the Commissioner or the office of an Associate Commissioner:
(a) during a vacancy in the office; or
(b) during any period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.
(1A) A person may be appointed under paragraph (1)(a) to act in an office for an indefinite period.
(2) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
(3) The Minister may:
(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting in an office in accordance with subsection (1); and
(b) terminate such an appointment at any time.
(4) Where a person is acting in an office in accordance with paragraph (1)(b) and that office becomes vacant while that person is so acting, then, subject to subsection (2), that person may continue so to act until the Minister otherwise directs or the vacancy is filled, whichever first happens.
(5) The appointment of a person under subsection (1) ceases to have effect if he resigns the appointment by writing signed by him and delivered to the Minister.
(6) While a person is acting in an office in accordance with subsection (1), he has and may exercise all the powers, and shall perform all the functions, of that office.
(7) The validity of anything done by a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for his appointment had not arisen, that there is a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.
(1) The Authority may, in relation to any particular matter or class of matters, or to any particular place, by writing under its seal, delegate to an Associate Commissioner or an officer all or any of its powers under this Act (except this power of delegation), so that the delegated powers may be exercised by the delegate with respect to the matter or class of matters, or to the place, specified in the instrument of delegation.
(2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power by the Authority.
(1) The functions of the Authority are:
(a) with the object of assisting to ensure that adequate supplies of electricity are available, in time of war as well as in time of peace, in the States of New South Wales and Victoria and in the Australian Capital Territory for purposes necessary or conducive to the defence of the Commonwealth and for other purposes of the Commonwealth, to provide hydro‑electric works in the Snowy Mountains Area for the generation of electricity; and
(b) with the object specified in paragraph (a), and as incidental to its functions related to that object, to generate, or permit the generation of, electricity in the works of the Authority and to supply, or permit the supply of, electricity generated in those works:
(i) to, or as directed by, the Commonwealth for purposes of the Commonwealth and for consumption in the Australian Capital Territory; and
(ii) to The Electricity Commission of New South Wales and the State Electricity Commission of Victoria or to a corporation succeeding either of those Commissions.
(2) Except as otherwise directed by the Governor‑General, the Authority may have, perform or exercise a capacity, function, power, authority or duty conferred or imposed upon it by an Act of the Parliament of the State of New South Wales or the State of Victoria.
(3) The Authority shall comply in all respects with the provisions of the Agreement and of the Supplemental Agreement that are applicable to it.
(1) For the purpose of performing its functions under section 16, the Authority shall have power to construct, maintain, operate, protect, manage and control works:
(a) for the collection, diversion and storage of water in the Snowy Mountains Area;
(b) for the generation of electricity in that area;
(c) for the transmission of electricity generated by the Authority; and
(d) incidental or related to the construction, maintenance, operation, protection, management or control of any works specified in the preceding paragraphs.
(2) The Authority shall have power to construct, maintain, operate, protect, manage and control works which, in the opinion of the Authority, are necessary or desirable for the purpose of preventing or mitigating injurious effects of any works referred to in subsection (1).
The Authority shall have, in addition to the powers specifically conferred upon it by this Act, such other powers as are necessary or convenient for the performance of its functions under this Act, and, in particular, and without limiting the generality of the foregoing, shall have power:
(a) to purchase land;
(b) to take land on lease;
(c) to take easements over land;
(d) to sell or otherwise dispose of land vested in the Authority but not required for the purposes of the Authority;
(e) to lease land vested in the Authority the use of which is not for the time being required by the Authority;
(f) to release any easement over land;
(g) to purchase or take on hire plant, machinery, equipment or other goods;
(h) to dispose of plant, machinery, equipment or other goods owned by the Authority but not required by the Authority;
(i) to provide transport, accommodation, provisions, medical treatment, hospital facilities and amenities for officers and employees of the Authority and their families; and
(j) to do anything incidental to any of its powers.
The Commissioner, an Associate Commissioner, an officer or employee of the Authority, or any other person authorized by the Authority so to do, may, for the purposes of this Act, without any previous notice:
(a) enter upon land (including land owned or occupied by the Crown in right of a State) for the purpose of inspecting the land;
(b) make surveys, take levels, sink bores, dig pits and examine the soil; and
(c) do any other thing necessary for ascertaining the suitability of the land for the purposes of the Authority.
The Authority, or any person authorized by the Authority so to do, may, for the purposes of this Act:
(a) after giving not less than 7 days’ notice in writing to the occupier of land (including land owned or occupied by the Crown in right of a State), enter upon and occupy that land;
(b) on or from land so occupied:
(i) construct, build or place any plant, machinery, equipment or goods;
(ii) take sand, clay, stone, earth, gravel, timber, wood or other materials or things;
(iii) make cuttings or excavations;
(iv) deposit sand, clay, stone, earth, gravel, timber, wood or other materials or things;
(v) erect workshops, sheds and other buildings;
(vi) make roads; and
(vii) manufacture and work materials of any kind; and
(c) demolish, destroy or remove, on or from land so occupied, any plant, machinery, equipment, goods, workshop, shed, building or road.
The Authority may raise or lower the level of a lake, river or stream in the Snowy Mountains Area and impound, divert and use the waters of a lake, river or stream in that area.
(1) The Authority may appoint such officers and engage such employees as it thinks necessary for the purposes of this Act.
(2) The terms and conditions of service of officers appointed under subsection (1) are such as are determined by the Authority.
(3) The terms and conditions of employment of employees engaged under subsection (1) are such as are determined by the Authority.
(4) In subsections (2) and (3),
terms and conditions include conditions with respect to duration of service or employment or with respect to dismissal from service or employment.
Nothing in this Act prevents the making of an industrial award, order, determination or agreement under any other Act in relation to officers or employees of the Authority or affects the operation of such an award, order, determination or agreement in relation to officers or employees of the Authority.
Subject to subsection 16(3), the Authority shall pursue a policy directed towards securing revenue sufficient to meet all its expenditure properly chargeable to revenue.
(1) The
Commonwealth Authorities and Companies Act 1997 (except sections 27F to 27L) applies to the Authority as if:
(a) the Authority were a body corporate; and
(b) the Commissioner were a director of the Authority for the purposes of that Act.
(2) For the purposes of the application of that Act to the Authority, the following persons are not directors of the Authority:
(a) Associate Commissioners;
(b) members of the Snowy Mountains Council referred to in clause 17 of the Agreement, except the Commissioner.
The Minister for Finance may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Authority on such terms and conditions as the Minister for Finance, having regard to the provisions of clause 15 of the Agreement, in writing, determines.
(1) The Authority may, with the approval of the Treasurer:
(a) borrow money otherwise than from the Commonwealth; or
(b) raise money otherwise than by borrowing;
on terms and conditions that are specified in, or consistent with, the approval.
(2) Without limiting the generality of subsection (1), the Authority may, under that subsection, borrow money, or raise money otherwise than by borrowing, by dealing with securities.
(3) A borrowing of money, or a raising of money otherwise than by borrowing, under subsection (1) may be made, in whole or in part, in a currency other than Australian currency.
(4) An approval may be given under subsection (1) in relation to a particular transaction or in relation to transactions included in a class of transactions.
(5) An approval under subsection (1) shall be given in writing.
(6) In this section,
securities includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents.(7) A reference in this section to dealing with securities includes a reference to:
(a) creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re‑selling securities;
(b) creating, selling, purchasing or re‑selling rights or options in respect of securities; and
(c) entering into agreements or other arrangements relating to securities.
(8) For the purposes of this section:
(a) the issue by the Authority of an instrument acknowledging a debt in consideration of:
(i) the payment or deposit of money; or
(ii) the provision of credit;
otherwise than in relation to a transaction that is in the ordinary course of the day‑to‑day operations of the Authority shall be deemed to be a raising by the Authority, otherwise than by borrowing, of an amount of money equal to the amount of the money paid or deposited or the value of the credit provided, as the case may be; and
(b) the obtaining of credit by the Authority otherwise than in relation to a transaction that is in the ordinary course of the day‑to‑day operations of the Authority shall be deemed to be a raising by the Authority, otherwise than by borrowing, of an amount of money equal to the value of the credit so obtained.
(1) The Treasurer may, on behalf of the Commonwealth, enter into a contract:
(a) guaranteeing the repayment by the Authority of money borrowed under paragraph 28(1)(a) and the payment by the Authority of interest (including any interest on that interest) on money so borrowed; or
(b) guaranteeing the payment by the Authority of such amounts (which may be interest) that the Authority is liable to pay with respect to money raised under paragraph 28(1)(b) as are specified in the contract.
(2) The Treasurer may, in writing, determine:
(a) that the repayment by the Authority of money borrowed under paragraph 28(1)(a), and the payment by the Authority of interest (including any interest on that interest) on money so borrowed, are guaranteed by the Commonwealth; or
(b) that the payment by the Authority of such money (which may be interest) that the Authority is liable to pay with respect to money raised under paragraph 28(1)(b) as is specified in the determination is guaranteed by the Commonwealth;
and, where the Treasurer makes such a determination, the repayment of that money and the payment of that interest are, or the payment of that money is, by force of this subsection, guaranteed by the Commonwealth.
(3) A contract may be entered into under subsection (1), and a determination may be made under subsection (2), in relation to a particular transaction or in relation to transactions included in a class of transactions.
(4) A contract entered into under subsection (1) may include either or both of the following provisions:
(a) a provision agreeing, on behalf of the Commonwealth, that proceedings under the contract may be taken in the courts, or a specified court, of a country other than Australia;
(b) a provision waiving, on behalf of the Commonwealth, the immunity of the Commonwealth from suit in the courts, or a specified court, of a country other than Australia in relation to any proceedings that may be taken under the contract.
(5) Where a borrowing under paragraph 28(1)(a) is by the issue of prescribed securities, the repayment by the Authority of the money so borrowed and the payment of interest on that money are, by force of this subsection, guaranteed by the Commonwealth.
The Authority may give security over the whole or any part of its land or other assets for:
(a) the repayment by the Authority of money borrowed by the Authority under section 27 or paragraph 28(1)(a) and the payment by the Authority of interest (including any interest on that interest) on money so borrowed;
(b) the payment by the Authority of amounts (including any interest) that the Authority is liable to pay with respect to money raised by the Authority under paragraph 28(1)(b); or
(c) the payment to the Commonwealth of amounts equal to any amounts that the Commonwealth may become liable to pay under a contract entered into under subsection 28A(1) or a determination made under subsection 28A(2).
The Authority shall not borrow money, or raise money otherwise than by borrowing, except in accordance with sections 27 and 28.
(1) The Treasurer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Treasurer, delegate to a person holding or performing the duties of an office in the Department of the Treasury all or any of the powers of the Treasurer under sections 28 and 28A.
(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Part, be deemed to have been exercised by the Treasurer.
(3) A delegate is, in the exercise of a power so delegated, subject to the directions of the Treasurer.
(4) A delegation under subsection (1) does not prevent the exercise of a power by the Treasurer.
(1) Subject to subsection (2) and to section 19 of the
Commonwealth Authorities and Companies Act 1997 , the moneys of the Authority may be applied by the Authority:
(a) in payment or discharge of the costs, expenses or other obligations of the Authority; and
(b) in payment of remuneration and allowances payable to any person appointed under this Act or employed by the Authority under this Act or any other law;
and not otherwise.
(2) Moneys of the Authority to which paragraph (j) of sub‑clause (2) of clause 15 of the Agreement applies may be invested in accordance with that paragraph and not otherwise.
(3) The Treasurer may, on behalf of the Commonwealth, accept deposits made by the Authority in accordance with subsection (2), and pay or credit interest on those deposits to the Authority in accordance with the Agreement.
(1) Except as otherwise provided by or under another Act (whether passed before or after the commencement of this Act), the Authority is subject to taxation under the laws of the Commonwealth.
(2) Subject to subsection (3), the Authority is not subject to taxation under a law of a State or of a Territory.
(3) The regulations may provide that subsection (2) does not apply in relation to taxation under a specified law of a State or Territory.
(4) Stamp duty or any similar tax is not payable under a law of the Commonwealth or of a State or Territory in respect of:
(a) a security issued by the Authority;
(b) the issue, redemption, transfer, sale or purchase of such a security, not including a transaction entered into without consideration or for an inadequate consideration; or
(c) any document executed by or on behalf of the Authority, or any transaction, in relation to the borrowing of moneys by the Authority.
(1) The Authority may not, without the approval of the Minister, enter into a contract involving the payment or receipt of an amount exceeding $2,000,000.
(2) Subsection (1) does not apply to investments of surplus money of the Authority under section 19 of the
Commonwealth Authorities and Companies Act 1997 .
(1) In the exercise of its powers under this Act, the Authority shall cause as little detriment and inconvenience and do as little damage as possible.
(2) Where the owner of land in the Snowy Mountains Area is injuriously affected by the exercise, in relation to that land, of any of the powers conferred by this Act, compensation shall be paid by the Authority.
(3) Where land (whether within or without the Snowy Mountains Area) is entered or occupied in pursuance of section 20, the Authority shall be liable to pay compensation to the owner or occupier of the land, or to both, as the case requires, and the compensation so payable shall include compensation in respect of:
(a) damage of a temporary character as well as of a permanent character; and
(b) the taking of sand, clay, stone, earth, gravel, timber, wood, materials or things by the Authority.
(3A) If the owner of land along the Upper Murray or along the Lower Tumut suffers loss by flooding from temporary works of the Authority in relation to that land, the Authority shall be liable to pay compensation to the owner.
(3B) In subsection (3A),
loss by flooding from temporary works of the Authority means loss directly resulting from the raising of the level of the Upper Murray or of the Lower Tumut by the discharge of waters from works of the Authority other than permanent works of the Authority.(3C) Expressions used in subsections (3A) and (3B) (other than the expression
loss by flooding ) which are defined in the Agreement or the Supplemental Agreement have the same meanings as in the Agreement or the Supplemental Agreement, as the case may be.(3D) For the purposes of rights to compensation under this section, where anything has been done by, or under the authority of, the Authority and the doing of that thing was authorized both by this Act and by a State Act, that thing shall be conclusively presumed, as against the Authority, to have been done in pursuance of this Act.
(3E) Nothing in this section shall be construed as excluding or limiting any liability of the Authority apart from this section in respect of a matter in relation to which compensation is not payable under this section.
(4) Part VIII of the
Lands Acquisition Act 1989 applies in relation to the determination of compensation under this Part as if anything done by the Authority under this Act had been done under Part III of theLands Acquisition Act 1989 .
The Authority may arrange with a Minister of State or authority of the Commonwealth or of a State for the performance by that Minister or authority of any work on behalf of the Authority.
(1) Except as prescribed, a person shall not, in the Snowy Mountains Area, carry out any work, or make any use of the water in a lake, river or stream, whereby any works, or proposed works, of the Authority, or the use, or proposed use, of water in the works of the Authority, is or may be injuriously affected or interfered with.
(2) Without prejudice to any civil remedy available to the Authority, a person who contravenes subsection (1) is guilty of an offence against this section.
(3) An offence against this section may be prosecuted either summarily or upon indictment.
(4) The punishment for an offence against this section is:
(a) where the offence is prosecuted summarily—a fine not exceeding $200; or
(b) where the offence is prosecuted upon indictment—a fine not exceeding $1,000 or imprisonment for a term not exceeding 1 year.
(5) Nothing in this section shall be deemed to prevent or affect the operation of a provision in a law of a State prohibiting any acts which are also prohibited by this section.
Any water used by the Authority for the generation of electricity shall be discharged into a lake, river or stream in the Snowy Mountains Area.
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which, by this Act, are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act and, in particular, for prescribing penalties not exceeding a fine of $100 or imprisonment for a period not exceeding 3 months, or both, for offences against the regulations.
Section 4
AN AGREEMENT made this Eighteenth day of September One thousand nine hundred and fifty‑seven BETWEEN THE COMMONWEALTH OF AUSTRALIA of the first part, THE STATE OF NEW SOUTH WALES of the second part, and THE STATE OF VICTORIA of the third part:
WHEREAS the Authority was
constituted by the
AND WHEREAS for the purpose of performing its functions under section 16 of the Act the Authority has power to construct, maintain, operate, protect, manage and control works for the collection, diversion and storage of water in the Area, for the generation of electricity in the Area, and for the transmission of electricity so generated:
AND WHEREAS one of the necessary results of the construction and operation of those works will be the diversion inland into the Murray or Murrumbidgee River systems or both of a substantial flow of water which has been flowing to the sea in the Snowy River in the State of Victoria:
AND WHEREAS much of the augmented flow of the Murray and Murrumbidgee River systems would be wasted unless storage works are constructed and operated so as to regulate further the flow of both rivers and make increased supplies of water available for irrigation:
AND WHEREAS the Governments of the States have set up Electricity Commissions with power to generate and supply electricity, and, inter alia, to purchase electricity:
AND WHEREAS at a conference between Ministers of the Commonwealth and of the States held in Canberra on the thirteenth day of July, One thousand nine hundred and forty‑nine, certain resolutions were adopted with respect to the development and use of the water resources of the Area for the generation of electricity and, as consequential thereon, for the provision of water for irrigation and the sharing of the waters between the States:
AND WHEREAS those resolutions contemplated, among other things, that the following works for the collection, storage and diversion of water would be carried out in their entirety, namely:—
(
a ) a dam on the Eucumbene River (a tributary of the Snowy River), near Adaminaby, for the storage of waters of the Eucumbene River and of any waters conveyed from the catchments of other rivers to the storage provided by that dam;(
b ) a tunnel primarily for the diversion from the storage dam on the Eucumbene River to the Tumut River catchment of waters of the Eucumbene River (estimated at a net average volume of approximately 235,000 acre‑feet of water per annum), but also for the diversion of such other waters as are conveyed, by that tunnel or by other means, to the storage provided by that dam;(
c ) a dam on the Snowy River, near Jindabyne, for the storage of waters of the Snowy River and of any waters conveyed from the catchments of other rivers to the storage provided by that dam;(
d ) a tunnel primarily for the diversion from the dam on the Snowy River to the River Murray catchment of waters of the Snowy River (estimated at a net average volume of approximately 730,000 acre‑feet of water per annum), but also for the diversion of such other waters as are conveyed, by that tunnel or by other means, to the storage provided by that dam;(
e ) a tunnel and other associated works for the diversion to the Tumut River catchment of waters of the Tooma River, a tributary of the River Murray, (estimated at a net average volume of approximately 330,000 acre‑feet of water per annum) and of such other waters as are conveyed to the Tooma River:
AND WHEREAS the States will require to construct works for the use of the water made available and the electricity produced by the works of the Authority:
AND WHEREAS the River Murray Commission has made certain recommendations regarding the location and capacity of additional storage required to regulate the waters diverted into the River Murray catchment from the Snowy River:
AND WHEREAS, as the result of conferences between them, Ministers of the Commonwealth and the States have agreed to the modification of the resolutions previously referred to, and to the provisions for the construction maintenance and operation of the works of the Authority, as set out in this agreement:
NOW IT IS HEREBY AGREED by and between the parties to this agreement as follows:—
PART I—GENERAL
1.—In this agreement, unless the contrary intention appears—
“the Act” means the
Snowy Mountains Hydro‑electric Power Act 1949‑1956 of the Commonwealth and, if that Act is amended after the date of the execution of this agreement, includes such amendments thereof as are made pursuant to sub‑clause (5.) of clause 2 of this agreement and such further amendments as may be approved by the Governor‑in‑Council of each of the States;“the Adaminaby storage” means the water storage on the Eucumbene River provided by the work known as the Adaminaby Dam;
“the Area” means, subject to clause 3 of this agreement, the Snowy Mountains Area as defined from time to time in accordance with section 6 of the Act;
“the Authority” means the Snowy Mountains Hydro‑electric Authority constituted as a corporation sole by the Act and includes any corporation succeeding that corporation;
“the Commonwealth” means the Commonwealth of Australia;
“the Commonwealth requirements of electricity” means the electrical energy and power required from time to time by the Commonwealth—
(i) for consumption in the Australian Capital Territory; and
(ii) for use within the Area in an establishment, works or undertaking maintained or operated by or on behalf of the Commonwealth or an authority of the Commonwealth or for defence purposes within the Area;
“the cost of production of the Authority” and “the net cost of production of the Authority” shall have the meanings respectively assigned to them in clause 15 of this agreement;
“the Council” means the Snowy Mountains Council constituted in accordance with Part VI of this agreement;
“Electricity Commission” means the Electricity Commission of New South Wales or the Electricity Commission of Victoria, as the case may require, and “the Electricity Commissions” means the Electricity Commission of New South Wales and the Electricity Commission of Victoria;
“the Electricity Commission of New South Wales” means the Electricity Commission of New South Wales constituted under the
Electricity Commission Act 1950 of that State, and includes any corporation succeeding that Commission;“the Electricity Commission of Victoria” means the State Electricity Commission of Victoria constituted under the
State Electricity Commission Acts of that State, and includes any corporation succeeding that Commission;“financial year” means a period of twelve months ending on the thirtieth day of June;
“the Forestry Commission” means the Forestry Commission of New South Wales constituted under the
Forestry Act 1916‑1951 of that State, including any corporation succeeding it, or the Forests Commission constituted under theForests Acts of the State of Victoria, including any corporation succeeding it, as the case may require;“generating stations“ means power stations, switchyards and transmission facilities in the works of the Authority which are used for the generation and transmission of electricity, other than those works primarily intended for supply of power for its construction works;
“the Guthega agreement” and “the Guthega Project” shall have the meanings respectively assigned to them in clause 22 of this agreement;
“the Irrigation Authority of New South Wales” means The Water Conservation and Irrigation Commission constituted under the
Irrigation Act 1912‑1954 of the State of New South Wales, and includes any corporation succeeding that Commission;“the Kosciusko State Park” means the land permanently reserved for a State Park by section 3 of the
Kosciusko State Park Act 1944‑1947 of the State of New South Wales as amended from time to time;“the Kosciusko State Park Trust” means the Trust constituted by that name under the said
Kosciusko State Park Act 1944‑1947 of the State of New South Wales as amended from time to time;“the Minister” means the Minister of State of the Commonwealth for the time being administering the Act;
“net power” means the total power in kilowatts capable of being produced by the permanent works of the Authority or a stage of those works, as the case may require, less the amount of power used pursuant to paragraph (
a ) of sub‑clause (4.) of clause 14 of this agreement;“net production of electrical energy” means the total production of electrical energy from the permanent works of the Authority or a stage of those works, as the case may require, less the amount of electrical energy used pursuant to paragraph (
a ) or supplied pursuant to paragraph (b ) of sub‑clause (4.) of clause 14 of this agreement;“permanent works of the Authority” means works of the Authority other than works primarily required by the Authority for construction purposes, and “its permanent works” shall have a corresponding meaning;
“the reserved Commonwealth requirements of electricity” means that portion of the Commonwealth requirements of electricity which is notified as reserved pursuant to sub‑clause (1.) of clause 14 of this Agreement from the production of the permanent works of the Authority or of a stage of those works, as the case may require, or that portion as varied from time to time pursuant to that clause;
“river” and “tributary” respectively include any affluent, effluent, creek, ana‑branch or extension of the river or tributary, any lake, lagoon, swamp or marsh connected with the river or tributary, and any natural watercourse so connected in which water flows continuously, intermittently or occasionally;
“the River Murray Agreement” means “the Agreement” as defined in the
River Murray Waters Act 1915‑1954 of the Commonwealth, and as that agreement is amended from time to time;“the River Murray Commission” means the Commission appointed by that name for the purpose of the River Murray Agreement, and of the Acts ratifying that agreement, and includes any corporation succeeding that Commission;
“stage” in relation to the permanent works of the Authority means, unless otherwise agreed by the parties to this agreement, such work or mutually associated group of works the construction of which allows or will allow the total output of power available from the permanent works of the Authority to be increased by not less than 50,000 kilowatts or the total average annual output of electrical energy from those permanent works to be increased by not less than 100,000,000 kilowatt hours, but, notwithstanding anything contained in the foregoing provisions of this definition, each of the following works shall be deemed to constitute a stage:—
(
a ) the project described in item 3 of the schedule to this agreement,(
b ) the project described in item 4 of the schedule to this agreement,(
c ) the Guthega Project,(
d ) any power station erected pursuant to sub‑clause (2.) of clause 5 of this agreement, and(
e ) any power station erected pursuant to sub‑clause (2.) of clause 6 of this agreement;“surplus electrical energy” means the net production of electrical energy less the reserved Commonwealth requirements of electrical energy;
“surplus power” means net power less the power in kilowatts included in that part of the reserved Commonwealth requirements of electricity which is taken by the Commonwealth from the permanent works of the Authority pursuant to sub‑clause (3.) of clause 14 of this agreement;
“the States” means the States of New South Wales and Victoria; and
“works of the Authority” means works (including the works included in the schedule to this agreement and the Guthega Project) the construction of which has been or is undertaken by or on behalf of the Authority for the purposes of this agreement, and “its works” shall have a corresponding meaning.
2.—(1.) This agreement, other than sub‑clause (2.) of this clause, shall have no force or effect and shall not be binding on any of the parties hereto unless and until it is approved by the respective Parliaments of the Commonwealth and the State of New South Wales and the State of Victoria, but, upon being so approved by those Parliaments, it shall be of full force and effect and binding on the parties.
(2.) The Governments of the Commonwealth and the States hereby agree to submit this agreement for approval to their respective Parliaments as soon as practicable after the date of this agreement.
(3.) (
(i) provide for the execution by it of its obligations;
(ii) secure the execution by the Authority of its obligations—
arising pursuant to this agreement.
(
b ) Each of the States shall—
(i) provide for the execution by it of its obligations;
(ii) secure the execution by its instrumentalities of their obligations—
arising pursuant to this agreement.
(4.) The Government of each of the States agrees to include in the legislation submitted to its Parliament for the approval of this agreement—
(
a ) a provision in such form as will enable the Authority for the purpose of giving effect to this agreement to do in that State all such matters and things as the Act permits, or purports to permit, the Authority to do, and to exercise all such powers and authorities in that State as may be necessary to enable the provisions of this agreement to be carried out in their entirety; and(
b ) a provision in such form as will enable the Council—
(i) to exercise all such powers and authorities in that State as may be necessary to enable the provisions of this agreement to be carried out in their entirety; and
(ii) to sue and be sued.
(5.) The Government of the Commonwealth agrees to include in the legislation submitted to its Parliament for the approval of this agreement provisions repealing or appropriately amending those sections of the Act which are inconsistent with this agreement.
3. No land of a State additional to that contained in the Area as defined at the date of this agreement shall be included in any proclamation by the Governor‑General varying the boundaries of the Area in accordance with section 6 of the Act without the prior approval of the Governors‑in‑Council of the States.
PART II—CONSTRUCTION OF WORKS
4.—(1.) The Authority is authorized to construct or cause to be constructed those works for the collection, storage and diversion of waters in the Area and for the generation in the Area of electricity from those waters which together constitute the undertaking known as the Snowy Mountains Hydro‑electric Scheme.
(2.) The Authority shall, in or in connexion with the construction of the works authorized by sub‑clause (1.) of this clause provide for—
(
a ) waters of the Eucumbene River (estimated at a net average volume of approximately 235,000 acre‑feet of water per annum) to be diverted to the Tumut River catchment;(
b ) waters of the Snowy River (estimated at a net average volume of approximately 730,000 acre‑feet of water per annum) to be diverted to the River Murray catchment; and(
c ) waters of the Tooma River a tributary of the River Murray (estimated at a net average volume of approximately 330,000 acre‑feet of water per annum) to be diverted to the Tumut River catchment.
(3.) In the exercise of the powers conferred by sub‑clause (1.) of this clause, the Authority shall in accordance with this agreement determine what works for the collection, storage and diversion of waters in the Area and for the generation in the Area of electricity from those waters shall be constructed.
(4.) Where notification of the details of electricity from a stage of the permanent works of the Authority has been given to the Electricity Commissions pursuant to clause 14 of this agreement, the Authority shall proceed with the construction of that stage so as to ensure as far as reasonably practicable that electricity will be produced of the amounts and at the times estimated by the Authority as so notified.
(5.) (
(i) either of the States has made default in complying with its obligations under this agreement and fails to remedy that default within a reasonable time after being required by the Commonwealth by notice in writing to do so; or
(ii) the provisions of paragraph (
c ) of sub‑clause (3.) of clause 15 are operating in favour of an Electricity Commission; or(iii) it is estimated by the Authority that, if works projected by the Authority are constructed, then the provisions of paragraph (
c ) of sub‑clause (3.) of clause 15 of this agreement would operate in favour of an Electricity Commission.
(
(6.) The Authority shall not exercise its election
under sub‑paragraph (ii) or sub‑paragraph (iii) of paragraph (
(7.) The Commonwealth shall not, pursuant to
paragraph (
(8.) An Electricity Commission shall, if requested
by the Authority at any time so to do, furnish to the Authority such
information as is reasonably necessary to enable the Authority to estimate
whether the net cost of production of the Authority will be fully met having
regard to the operation of paragraph (
(9.) Nothing contained in this clause shall extend to authorize the discontinuance of the operation and maintenance of the completed permanent works of the Authority.
(10.) (
(
5.—(1.) After the completion of works of the Authority which provide for the diversion of approximately 730,000 acre‑feet of water annually from the Snowy River to the River Murray catchment, the Authority shall, at its option—
(
a ) for the purpose of regulating the diverted water before it enters the Hume Reservoir, provide, as soon as practicable, between the Hume Reservoir and the point where the diverted water is discharged from the works of the Authority (other than the works constructed pursuant to this sub‑clause and sub‑clause (2.) of this clause) into a stream feeding or joining the River Murray, a balancing storage work for the storage of not less than 250,000 acre‑feet of water; or(
b ) within five years after the completion of that diversion, contribute to the River Murray Commission an amount equal to one‑half the cost of increasing the capacity of the Hume Reservoir from 2,000,000 to 2,500,000 acre‑feet of water.
(2.) The Authority shall have the right to install,
at any storage constructed in accordance with paragraph (
(3.) Except as provided in this clause and in clause 13 of this agreement, the Commonwealth and the Authority shall not be under any responsibility for regulating the waters diverted by the works first referred to in this clause after their discharge into a stream feeding or joining the River Murray above the Hume Reservoir.
6.—(1.) The State of New South Wales shall for the purpose of regulating waters of the Tumut River and the waters diverted thereto from the Eucumbene, Tooma or Murrumbidgee River catchments—
(
a ) as soon as is practicable construct, or cause to be constructed, storage works on the Tumut River at Blowering or at such other site on that river, and of such capacity, as that State determines;(
b ) at all times maintain and keep those works in good order and condition.
(2.) The Authority shall have the right to install at this storage a generating station of such capacity as it may determine.
(3.) If requested by the Authority before the State commences the construction of the said storage works so to do, the State shall, in the construction of works under this clause, make provision for the installation by the Authority of a generating station pursuant to the last preceding sub‑clause.
(4.) The Authority shall contribute such proportion of the cost of the works to be constructed under this clause as is agreed upon, after the site and capacity of the storage works and the capacity of the generating station referred to in this clause have been determined, by the Commonwealth and the State of New South Wales.
PART III—CONTROL, DIVERSION AND STORING OF WATERS
7. The discharge of waters from a balancing storage work constructed in accordance with sub‑clause (1.) of clause 5 of this agreement shall at all times be under the control of the River Murray Commission.
8. The operation of, and the discharge of water from, the storage works referred to in clause 6 of this agreement shall at all times be under the control of the State of New South Wales.
9. Where, after the construction (in whole or in part) of the works known as the Murrumbidgee‑Eucumbene Diversion, waters of the Murrumbidgee River are stored in those works or those waters are diverted to the Eucumbene River, then, until such time as the storage referred to in clause 6 of this agreement has been completed, if the Burrinjuck Reservoir has not at some time during the six months preceding the first day of October in a particular year reached ninety‑five per centum of its full capacity, the Council shall, if and as required by the Irrigation Authority of New South Wales, provide for the release into the Tumut River of such amounts of water that—
(
a ) after the completion of the work known as the T.1. Project and until the completion of the work known as the T.2. Project, the flow of water in the Tumut River immediately below the point where the water from the work known as the T.1. Project joins the Tumut River shall, during the period commencing on the first day of October of that year and ending on the thirtieth day of the succeeding April, be not less than 10,000 acre‑feet per week; and(
b ) after the completion of the work known as the T.2. Project, the flow of water in the Tumut River immediately below the point where the water from that work joins the Tumut River shall, during the period commencing on the first day of October of that year and ending on the thirtieth day of the succeeding April, be not less than 10,000 acre‑feet per week, and the total amount of water released shall be not less than the amount required to provide an average flow during the whole of the said period of not less than 15,000 acre‑feet per week.
10.—(1.) The States agree that the quantity of water diverted from the Tooma River to the Adaminaby storage and to the Tumut River by the works of the Authority shall—
(
a ) for the purposes of clause 45 of the River Murray Agreement be deemed to be water diverted by works of the States from a tributary of the River Murray above Albury and to have been so diverted as to one‑half of that quantity by each of the States; and(
b ) for the purposes of clause 51 of that agreement be deemed to be water used as to one‑half of that quantity by each of the States.
(2.) Until such time as the necessary works have been constructed to enable water diverted from the Tooma River to the Adaminaby storage and to the Tumut River to be replaced by water diverted from the Snowy River to a stream feeding or joining the River Murray above Hume Reservoir—
(
a ) the State of Victoria shall be entitled in each month to divert and use from the River Murray a volume of water equal to one‑half of the quantity of water so diverted from the Tooma River in the preceding month. In order to enable that diversion and use, the State of New South Wales shall provide from the Murrumbidgee River a volume of water equivalent to one‑half of the quantity so diverted from the Tooma River which volume shall, for the purpose of meeting the obligations of the State of Victoria under the River Murray Agreement, be treated in all respects as if it had been contributed by a tributary of the River Murray in the territory of Victoria joining that River below Albury;(
b ) if so required by the Irrigation Authority of New South Wales, the Council shall, during a declared period of restriction within the meaning of clause 51 of the River Murray Agreement, provide for the release into the Tumut River of such amounts of water that the flow of the Tumut River immediately below the point where the water from the work known as the T.1. Project joins the Tumut River shall be not less than 70,000 acre‑feet per month, provided that the total quantity of water so released shall not exceed the quantity which has been diverted from the Tooma River by works of the Authority since the Hume Reservoir last previously overflowed or, if it did not overflow within a period of eighteen months immediately before the commencement of the declared period of restriction, the quantity which has been so diverted during the said period of eighteen months.
(3.) As soon as the necessary works have been constructed to enable water diverted from the Tooma River to the Adaminaby storage and to the Tumut River to be replaced by water diverted from the Snowy River to a stream feeding or joining the River Murray above the Hume Reservoir, sub‑clause (2.) of this clause shall cease to have any effect and thereafter the amount of water so diverted in any year from the Snowy River shall not be less than the amount of water diverted from the Tooma River to the Adaminaby storage and to the Tumut River in that year, and so much of the water so diverted from the Snowy River in any year as is required to replace the water diverted from the Tooma River to the Adaminaby storage and to the Tumut River in that year shall be accepted by each of the States as replacing the water so diverted from the Tooma River to the Adaminaby storage and to the Tumut River in that year.
11.—When the necessary works have been constructed to enable water diverted from the Tooma River to the Adaminaby storage and to the Tumut River to be replaced by water diverted from the Snowy River to a stream feeding or joining the River Murray above the Hume Reservoir, the Council shall, unless it is otherwise agreed with the River Murray Commission, provide for the release into the River Murray from the works of the Authority during a declared period of restriction within the meaning of clause 51 of the River Murray Agreement an amount of water, in addition to the quantities of water released into the River Murray to replace the water diverted from the Tooma River to the Adaminaby storage and to the Tumut River during the declared period of restriction pursuant to sub‑clause (1.) of clause 10 of this agreement, not less than 40,000 acre‑feet multiplied by the number of months of the declared period of restriction up to a maximum amount of 280,000 acre‑feet.
12.—(1.) As consideration for accepting the responsibility specified in sub‑clause (3.) of this clause, the State of Victoria shall, as provided by sub‑clause (2.) of this clause, receive a share of the water diverted from the Snowy River catchment to the River Murray catchment.
(2.) The quantity of water diverted from the Snowy River catchment to the River Murray catchment shall, subject to the provisions of clause 10 of this agreement and to any further agreement that may be made between the States, be shared equally between the States.
(3.) On the State of Victoria becoming entitled to receive a share of water pursuant to this clause, that State shall not require any water to be released down the Snowy River from any storage under the control of the Authority, and will accept sole responsibility for the construction, operation and maintenance of any works within that State on the Snowy River or in the Snowy River catchment which are found necessary by reason of the diversion of water from the Snowy River catchment into either or both of the Murrumbidgee and Murray Valleys and for any consequences within that State of the loss of water or stream flow due to that diversion, and will indemnify the Authority against all claims in respect of or arising out of the loss of water or stream flow in Victoria due to that diversion.
PART IV—PROTECTION OF CATCHMENT AREAS
13.—(1.) In investigating, planning, locating and constructing works in the Area for the conservation and storage of water and for the generation and transmission of electricity, and for purposes incidental thereto, the Authority shall—
(
a ) in consultation with the appropriate authorities of the States, and having regard to the effects of the operation of the permanent works of the Authority—
(i) take reasonable precautions for the prevention of any resultant erosion of soil, or resultant erosion of the bed and banks of, or deposit of silt in the bed of, any river or stream in the Area or of the River Murray between the point where the diverted water enters the River Murray and the Hume Reservoir, or the storage constructed in accordance with paragraph (
a ) of sub‑clause (1.) of clause 5 of this agreement if that storage is constructed, and in particular, unless the Authority pursuant to the said paragraph constructs a storage which, in the opinion of the Council, fulfils the obligations of the Authority under this sub‑paragraph, provide works for the regulation of diurnal fluctuations of discharge from its works to the Swampy Plain River and the River Murray within limits agreed upon between the Authority and the riparian States or in default of agreement determined by the Council; and(ii) if any such harmful erosion or deposit of silt should occur, take appropriate action with respect thereto;
(
b ) so locate buildings, camps, construction townships and works to provide services to those buildings, camps and townships, and so operate those services, that the rivers within the Area are not seriously affected by erosion, siltation or pollution of the waters;(
c ) so far as it is within its power, cause its officers, employees and servants and all persons transacting business with it, including its contractors and their employees, to occupy for residential purposes, including camping, only such sites as are allotted by the Authority as sites for residential purposes;(
d ) so far as it is within its power, prevent the erection on any site allotted by the Authority as a site for residential purposes of any permanent building that does not conform with the standard determined by the Authority as the standard in accordance with which buildings in the Area shall be erected;(
e ) take precautions, in conformity with the Acts and Regulations applicable in the State for the prevention of damage to, or destruction of, forests, trees, shrubs or grasses by fire from any works or camps under its control or operated by any contractor engaged on work for or on behalf of the Authority;
(f ) make arrangments to ensure that a properly equipped bush‑fire fighting organization is available to operate where any work of a major character is being performed under this agreement in the Area and at each township and camp (other than a temporary camp of a minor character) therein;(
g ) not destroy or remove trees, timber or scrub to any greater extent than is necessary for the effective exercise of its powers or performance of its duties under the Act and this agreement;(
h ) take steps to ensure that its officers, employees and servants, and its contractors and their employees and persons conducting any business on behalf of, or with the permission of, the Authority will obtain timber for firewood only from such sites as are allotted by the Authority as sites from which firewood may be obtained;
(i ) exercise all proper care in the preservation of natural assets in all areas where timber for works, buildings, townships or camps or for any other purpose of the Authority is obtained otherwise than from a sawmiller licensed by the Forestry Commission or other proper authority of the State concerned;
(j ) prior to commencement of timber‑getting operations in New South Wales or Victoria, confer with the Forestry Commission of the appropriate State or, where timber is required from within the Kosciusko State Park, with the Kosciusko State Park Trust, with a view to reaching agreement as to areas to be worked;(
k ) keep the Kosciusko State Park Trust fully informed of such work to be carried out within the boundaries of the Kosciusko State Park as may affect the Park, and in carrying out of any such work exercise all proper care to preserve natural assets, including trees, scrub, grasses and beauty spots in the Park;
(l ) confer with the appropriate Forestry Commission as to fees or royalties to be paid for timber or for use of sites, timber areas to be worked, sites to be used or allotted for works or residential purposes, in any proclaimed forest in New South Wales or Victoria; and(
m ) make provision for access and crossings over race‑lines for extraction of timber, fire protection and the like as may reasonably be required by the appropriate State authorities.
(2.) The Council, in directing and controlling the
operation and maintenance of the permanent works of the Authority, the
Authority in manning its works other than the generating stations, and the
Electricity Commissions in manning the generating stations, shall observe the
requirements,
PART V—GENERATION AND SUPPLY OF ELECTRICITY
14.—(1.) (
(i) the estimated net production of electrical energy and the estimated net power available from that stage of its permanent works;
(ii) the part of the Commonwealth requirements of electricity which the Commonwealth reserves from the production of that stage of the permanent works of the Authority; and
(iii) the estimated amount of surplus electrical energy and surplus power which will be available to the Electricity Commissions from the production of that stage of the permanent works of the Authority.
(
(
(i) the amounts of the respective shares of the Electricity Commissions pursuant to paragraphs (
a ) and (b ) of sub‑clause (5.) of this clause in the surplus electrical energy, in terms of minimum, average and maximum electrical energy, and in the surplus power, in terms of kilowatts, which will be available per annum, and in each month of the year, from the stage of the permanent works of the Authority when in full operation, and during the period from the commencement of operation until full operation is attained;(ii) the cost of construction of, and the net cost of the production of electricity from, that stage of the permanent works of the Authority; and
(iii) the date of first production of electricity from, and the date of full operation of, that stage of the permanent works.
(
(
(
(
(
(
(i) the Council shall issue the necessary directions to that end;
(ii) the cost of transmission shall be borne by the Commonwealth; and
(iii) the estimated amounts of surplus power which the Electricity Commissions are entitled to receive, pursuant to sub‑clause (5.) of this clause shall be deemed to be altered appropriately from the time when the Commonwealth takes the electricity so transmitted.
(
(
(
(
(
(
(
(
(
(
The electricity to be supplied to each Electricity Commission under this clause will be supplied at a voltage or voltages, and at a point or points within or adjacent to the Area, to be agreed upon between the Authority and the respective Electricity Commissions, or in default of agreement to be determined by the Council.
If at any time the Commonwealth requires for defence or research purposes abnormally large amounts of electricity intermittently for short periods, in addition to the reserved Commonwealth requirements of electricity, the Council and the Electricity Commissions shall make arrangements to meet those additional requirements as expeditiously and economically as practicable, and as far as possible at times of minimum demand by the Commissions, and shall make electricity available for those purposes under special conditions to be agreed upon having regard to the circumstances existing from time to time or in default of agreement to be determined as fair by the Council.
(
(ii) appropriate allocations made during the period of the Guthega agreement shall be accepted by the parties to this agreement as having been properly made for all purposes of this agreement.
(
(i) instalments of accumulated interest and charges for depreciation on behalf of the Commonwealth and both Electricity Commissions attributable to the Guthega Project for the period of the Guthega agreement; and
(ii) all expenditure for maintenance of the Guthega Project during the period of the Guthega agreement.
(
(4.) At the time when the Authority notifies the Electricity Commissions pursuant to clause 14 of this agreement of its estimates of electricity produced from the stage of the works known as the T.2. Project, or at the expiration of the period of the Guthega agreement, whichever is the earlier, the Authority shall notify the Commissions of its estimates of production of electricity from the Guthega Project, and that notification shall be deemed to have been given pursuant to sub‑clause (1.) of clause 14 of this agreement.
PART VIII—MISCELLANEOUS
23. The State of New South Wales agrees with the State of Victoria that it will include in the legislation submitted to its Parliament for the approval of this agreement a provision that the Government of New South Wales shall appropriate resume acquire or otherwise make available to and vest in the Electricity Commission of Victoria at the expense of that Commission such lands and easements over lands in the State of New South Wales as are required for the purpose of or incidental to erecting using and maintaining the facilities necessary for the transmission from the Area to Victoria of the electricity to which the Electricity Commission of Victoria is entitled under this agreement.
SCHEDULE
1. The water storage works on the Eucumbene River known as Adaminaby Dam, and works ancillary thereto.
2. The tunnel for the diversion of the Eucumbene River to the Tumut River known as the Eucumbene Tumut Tunnel, and works ancillary thereto.
3. The Tumut Pond Dam, the tunnel, pressure shafts, power station, tailrace tunnel and works ancillary thereto known as T.1. Project.
4. The pondage, tunnel, pressure shafts, power station, tailrace tunnel and works ancillary thereto known as T.2. Project.
5. The works known as the Tooma Diversion.
6. The works known as the Murrumbidgee‑Eucumbene diversion.
IN WITNESS WHEREOF the parties have executed this agreement the day and year first hereinbefore written.
|
ROBERT G. MENZIES |
|
J. J. CAHILL |
|
HENRY E. BOLTE |
Section 4
A SUPPLEMENTAL AGREEMENT made this fourteenth day of December One thousand nine hundred and fifty‑seven BETWEEN THE COMMONWEALTH OF AUSTRALIA of the first part, THE STATE OF NEW SOUTH WALES of the second part and THE STATE OF VICTORIA of the third part, and intended to be supplemental to the agreement (in this agreement called “the Principal Agreement”) entered into on the eighteenth day of September One thousand nine hundred and fifty‑seven between the parties to this agreement to provide for the construction, operation and maintenance of the undertaking known as the Snowy Mountains Hydro‑electric Scheme:
WHEREAS it is necessary, in order to give effect to certain arrangements between the parties to this agreement with respect to the possibility of flooding of lands along the Upper Murray and along the Lower Tumut, that certain provisions affecting the Principal Agreement should be made:
NOW IT IS HEREBY AGREED by and between the parties to this agreement as follows:—
1.—(1.) In this agreement—
“loss by flooding” means loss directly resulting from the raising of the level of the Upper Murray by water diverted into the River Murray catchment by the permanent works of the Authority or of the Lower Tumut by the discharge of waters from the permanent works of the Authority into the Tumut River, as the case may be;
“the Upper Murray” means that portion of the River Murray, including any tributary through which water discharged from the permanent works of the Authority enters that river, which is between the lowest point of discharge of water by the Authority or the Council and the highest point on that river reached by the waters of the Hume Reservoir when that reservoir is at maximum flood level;
“the Lower Tumut” means that portion of the Tumut River which is between the point where the boundary of the Snowy Mountains area crosses that river and a point downstream from the town of Tumut and distant seven miles in a direct line from the point where the Tumut‑Wee Jasper road crosses the Tumut River.
(2.) Expressions used in this agreement which are defined in the Principal Agreement have the same meanings as in the Principal Agreement.
2.—(1.) This agreement, other than sub‑clause (2.) of this clause, shall have no force or effect and shall not be binding on any of the parties hereto unless and until it is approved by the respective Parliaments of the Commonwealth and the State of New South Wales and the State of Victoria, but, upon being so approved by those Parliaments, it shall be of full force and effect and binding on the parties.
(2.) The Governments of the Commonwealth and the States hereby agree to submit this agreement for approval to their respective Parliaments as soon as practicable after the date of this agreement.
3. The Authority shall—
(
a ) in investigating, planning, locating and constructing its works, take reasonable precautions for the prevention of loss by flooding in relation to land along the Upper Murray and along the Lower Tumut; and(
b ) take all reasonable measures to prevent loss by flooding in relation to land along the Upper Murray and along the Lower Tumut as a result of the operation of the permanent works of the Authority.
4.—(1.) In directing and controlling the operation and maintenance of the permanent works of the Authority, the Council shall cause to be taken all reasonable precautions to prevent loss by flooding in relation to land along the Upper Murray and along the Lower Tumut.
(2.) If the owner of land along the Upper Murray or along the Lower Tumut suffers loss by flooding in relation to that land, the Council shall be liable to pay to that person such compensation as is determined by agreement between that person and the Council or, in the absence of agreement, by action against the Council in a court of competent jurisdiction.
(3.) The Authority shall, on being requested by the Council to do so, provide the Council with the funds necessary to meet the expenses incurred by the Council in pursuance of this clause.
(4.) The provisions of sub‑clause (8.) of clause 16 of the Principal Agreement shall apply in relation to claims and proceedings against the Council arising out of this clause.
5. The Government of the Commonwealth of Australia agrees to include in the legislation submitted to its Parliament for the approval of this agreement a provision requiring the Authority to carry out its obligations under this agreement.
6. The Government of each of the States agrees to include in the legislation submitted to its Parliament for the approval of this agreement—
(
a ) a provision requiring the Council to carry out its obligations under this agreement;(
b ) a provision imposing liability on the Council in accordance with sub‑clause (2.) of clause 4 of this agreement; and
(c) a provision in such form as will enable the Authority for the purpose of giving effect to this agreement to do in that State all such matters and things as the Act permits, or purports to permit, the Authority to do, and to exercise all such powers and authorities in that State as may be necessary to enable the provisions of this agreement to be carried out.
7. Expenditure incurred by the Authority in pursuance of this agreement shall, for the purposes of the Principal Agreement—
(
a ) if it is of a capital nature—be deemed to be part of the net capital expenditure of the Authority in respect of the relevant stage or stages of the permanent works of the Authority; and(
b ) in any other case—be deemed to be part of the net cost of production of the Authority in the year in which it is incurred.
8. The provisions of this agreement will cease to apply in relation to land along the Lower Tumut when the storage works referred to in clause 6 of the Principal Agreement are so far constructed and brought into operation as to commence to control the waters of the Tumut River.
9. In all other respects, the Principal Agreement is confirmed.
IN WITNESS WHEREOF the parties have executed this agreement the day and year first hereinbefore written.
SIGNED BY THE RIGHT HONOURABLE ROBERT GORDON MENZIES, Prime Minister of the Commonwealth of Australia, for and on behalf of the Commonwealth, in the presence of— W. HESELTINE |
ROBERT G. MENZIES |
SIGNED BY THE HONOURABLE JOHN JOSEPH CAHILL, Premier of the State of New South Wales, for and on behalf of that State, in the presence of— G. M. GRAY |
J. J. CAHILL |
SIGNED BY THE HONOURABLE HENRY EDWARD BOLTE, Premier of the State of Victoria, for and on behalf of that State, in the presence of— W. HESELTINE |
HENRY E. BOLTE |
The
All
relevant information pertaining to application, saving or transitional
provisions prior to 1 October 2001 is not included in this compilation. For subsequent information
The
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional provisions |
25, 1949 | 7 July 1949 | 7 July 1949 | ||
47, 1951 | 8 Dec 1951 | 5 Jan 1952 | — | |
35, 1952 | 17 June 1952 | 27 June 1951 ( p. 2977) | — | |
69, 1955 | 4 Nov 1955 | 16 Feb 1956 ( p. 472) | S. 67(3) | |
45, 1956 | 30 June 1956 | 14 Aug 1956 ( | — | |
31, 1958 | 21 May 1958 | 6 Nov 1958 ( p. 3657) | — | |
93, 1966 | 29 Oct 1966 | 1 Dec 1966 | — | |
216, 1973 | 19 Dec 1973 | 31 Dec 1973 | Ss. 9(1) and 10 | |
29, 1975 | 24 Apr 1975 | 24 Apr 1975 | — | |
36, 1978 | 12 June 1978 | 12 June 1978 | S. 8 | |
156, 1979 | 28 Nov 1979 | 28 Nov 1979 | Ss. 8(2), (3) and 10(2) | |
86, 1983 | 14 Nov 1983 | 1 Feb 1984 ( | S. 17(2) | |
65, 1985 | 5 June 1985 | S. 3: 3 July 1985 | — | |
76, 1986 | 24 June 1986 | S. 3: Royal Assent | S. 9 | |
21, 1989 | 20 Apr 1989 | 9 June 1989 ( | — | |
134, 1990 | 28 Dec 1990 | Part 7 (ss. 34‑37): 1 Oct 1990 Remainder: Royal Assent | — | |
122, 1991 | 27 June 1991 | Ss. 4(1), 10(b) and 15‑20: 1 Dec 1988
Ss. 28(b)‑(e), 30 and 31: 10 Dec 1991 ( Remainder: Royal Assent | S. 31(2) | |
199, 1991 | 18 Dec 1991 | 18 Dec 1991 | — | |
59, 1992 | 22 June 1992 | 22 June 1992 | — | |
38, 1993 | 20 Sept 1993 | 6 Oct 1993 ( | — | |
94, 1993 | 16 Dec 1993 | Parts 11 and 12 (ss. 47‑65): 1 Jan 1994 S. 69(1)(b): 1 July 1989 Remainder: Royal Assent | — | |
94, 1994 | 29 June 1994 | 29 June 1994 | S. 2(2)‑(7) | |
43, 1996 | 25 Oct 1996 | Schedule 4 (item 135): Royal Assent | — | |
152, 1997 | 24 Oct 1997 | Schedule 2 (items 1198‑1206): 1 Jan 1998 ( | — | |
176, 1997 | 21 Nov 1997 | Ss. 1‑9, 11‑22, 25, 47‑50, 56‑58, 63(1) and Schedule 2 (Part 1): Royal Assent
Ss. 53-55 and Schedule 1: 3 Apr 2001 (
Remainder: 28 June 2002 ( | — | |
146, 1999 | 11 Nov 1999 | Schedule 1 (item 821): 5 Dec 1999 ( | — | |
156, 1999 | 24 Nov 1999 | Schedule 10 (item 118): 13 March 2000 ( | — | |
159, 2001 | 1 Oct 2001 | 29 Oct 2001 | Sch 1 (item 97) [ |
(a) TheSnowy Mountains Hydro‑electric Power Act 1949 was amended by section 3 only of theStatute Law (Miscellaneous Provisions) Act (No. 1) 1985 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.
(b) TheSnowy Mountains Hydro‑electric Power Act 1949 was amended by section 3 only of theStatute Law (Miscellaneous Provisions) Act (No. 1) 1986 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the day on which it receives theRoyal Assent.
(c) TheSnowy Mountains Hydro‑electric Power Act 1949 was amended by Schedule 4 (item 135) only of theStatute Law Revision Act 1996 , subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(d) TheSnowy Mountains Hydro‑electric Power Act 1949 was amended by Schedule 2 (items 1198‑1206) only of theAudit (Transitional and Miscellaneous) Amendment Act 1997 , subsection 2(2) of which provides as follows:
(2) Schedules 1, 2 and 4 commence on the same day as the
Financial Management and Accountability Act 1997 .
(e) TheSnowy Mountains Hydro‑electric Power Act 1949 was amended by Schedule 1 (item 821) only of thePublic Employment (Consequential and Transitional) Amendment Act 1999 , subsections 2(1) and (2) of which provides as follows:
(1) In this Act,
commencing time means the time when thePublic Service Act 1999 commences.(2) Subject to this section, this Act commences at the commencing time.
(f) TheSnowy Mountains Hydro‑electric Power Act 1949 was amended by Schedule 1 (item 118) only of theCorporate Law Economic Reform Program Act 1999 , subsection 2(2) of which provides as follows:
(2) The following provisions commence on a day or days to be fixed by Proclamation:
(a) section 3;
(b) the items in Schedules 1 to 7 (other than item 18 of Schedule 7);
(c) the items in Schedules 10, 11 and 12.
| |
Provision affected | How affected |
S. 3........................................... | am. No. 47, 1951 |
rs. No. 45, 1956 | |
am. No. 31, 1958 | |
rep. No. 216, 1973 | |
S. 4........................................... | am. No. 47, 1951; No. 31, 1958; No. 156, 1979 |
S. 5A......................................... | ad. No. 31, 1958 |
S. 5B......................................... | ad. No. 31, 1958 |
am. No. 156, 1979; No. 86, 1983; No. 38, 1993 | |
S. 6........................................... | am. No. 31, 1958; No. 156, 1979 |
S. 7........................................... | am. No. 152, 1997 |
S. 8........................................... | am. No. 29, 1975 |
S. 9........................................... | am. No. 216, 1973; No. 29, 1975; No. 159, 2001 |
S. 10......................................... | rs. No. 156, 1979 |
am. No. 43, 1996 | |
S. 11......................................... | rs. No. 122, 1991 |
am. No. 146, 1999 | |
S. 11A....................................... | ad. No. 152, 1997 |
S. 13......................................... |
|
S. 14......................................... | am. No. 29, 1975 |
rs. No. 156, 1979 | |
am. No. 94, 1994 | |
S. 16......................................... | rs. No. 31, 1958 |
am. No. 156, 1979 | |
S. 17......................................... | am. No. 156, 1979 |
Ss. 18, 19................................. | am. No. 47, 1951; No. 156, 1979 |
S. 20......................................... | am. No. 156, 1979 |
S. 22......................................... | am. No. 31, 1958; No. 93, 1966; No. 216, 1973 |
rs. No. 156, 1979 | |
am. No. 199, 1991 | |
S. 22A....................................... | ad. No. 47, 1951 |
rep. No. 156, 1979 | |
S. 23......................................... | rs. No. 47, 1951 |
am. No. 45, 1956 | |
rep. No. 156, 1979 | |
S. 24......................................... | rs. No. 47, 1951 |
am. No. 156, 1979 | |
| ad. No. 47, 1951 |
rep. No. 45, 1956 | |
Ss. 24A, 24B............................. | ad. No. 47, 1951 |
am. No. 35, 1952 | |
rep. No. 45, 1956 | |
S. 24C...................................... | ad. No. 47, 1951 |
rep. No. 45, 1956 | |
Ss. 24CA‑24CC........................ | ad. No. 35, 1952 |
rep. No. 45, 1956 | |
S. 24D...................................... | ad. No. 47, 1951 |
rep. No. 45, 1956 | |
S. 24E....................................... | ad. No. 47, 1951 |
rep. No. 35, 1952 | |
S. 24F....................................... | ad. No. 47, 1951 |
rep. No. 45, 1956 | |
Ss. 24G, 24H............................ | ad. No. 47, 1951 |
am. No. 35, 1952 | |
rep. No. 45, 1956 | |
S. 24J....................................... | ad. No. 47, 1951 |
rep. No. 45, 1956 | |
S. 24K....................................... | ad. No. 35, 1952 |
rep. No. 45, 1956 | |
S. 25......................................... | rs. No. 31, 1958 |
am. No. 216, 1973; No. 36, 1978 | |
rs. No. 156, 1979 | |
S. 26......................................... | am. No. 31, 1958; No. 216, 1973 |
rs. No. 156, 1979; No. 152, 1997 | |
am. No. 156, 1999 | |
S. 27......................................... | rs. No. 31, 1958 |
am. No. 216, 1973; No. 36, 1978 | |
rs. No. 156, 1979; No. 76, 1986 | |
S. 28......................................... | rs. No. 31, 1958; No. 156, 1979; No. 76, 1986 |
S. 28A....................................... | ad. No. 31, 1958 |
rep. No. 156, 1979 | |
ad. No. 76, 1986 | |
S. 28B....................................... | ad. No. 76, 1986 |
S. 29......................................... | rs. No. 156, 1979; No. 76, 1986 |
S. 29A....................................... | ad. No. 76, 1986 |
S. 30......................................... | rep. No. 31, 1958 |
ad. No. 156, 1979 | |
am. No. 152, 1997 | |
S. 30A....................................... | ad. No. 156, 1979 |
rep. No. 152, 1997 | |
S. 30B....................................... | ad. No. 156, 1979 |
S. 31......................................... | am. No. 93, 1966; No. 156, 1979 |
rs. No. 134, 1990; No. 59, 1992 | |
am. No. 94, 1993; No. 152, 1997 | |
| ad. No. 31, 1958 |
S. 32......................................... | rs. No. 31, 1958 |
rep. No. 152, 1997 | |
S. 32A....................................... | ad. No. 31, 1958 |
rep. No. 152, 1997 | |
S. 32B....................................... | ad. No. 31, 1958 |
am. No. 36, 1978 | |
rep. No. 156, 1979 | |
S. 33......................................... |
|
S. 34......................................... | am. No. 47, 1951; No. 216, 1973 |
rs. No. 156, 1979 | |
rep. No. 65, 1985 | |
S. 35......................................... | am. No. 47, 1951 |
rep. No. 216, 1973 | |
S. 37......................................... | rs. No. 31, 1958 |
am. No. 93, 1966; No. 156, 1979 | |
Ss. 39, 40................................. | rep. No. 31, 1958 |
S. 41......................................... | am. No. 93, 1966; No. 156, 1979 |
Heading to First Schedule........ | rep. No. 156, 1979 |
First Schedule........................... | ad. No. 31, 1958 |
Heading to Schedule 1............. | ad. No. 156, 1979 |
Schedule 1 | am. No. 152, 1997 |
Heading to Second Schedule... | rep. No. 156, 1979 |
Heading to Schedule 2............. | ad. No. 156, 1979 |
Second Schedule .................... | ad. No. 31, 1958 |
Section. 6(2)—The Governor‑General by Proclamation dated
28 April, 1954, defined the boundaries of the Snowy Mountains Area (
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001 (No. 159, 2001)
The amendments made by this Schedule do not apply to an appointment if the term of the appointment began before the commencement of this item.
A.C.T. Self‑Government (Consequential Provisions) Regulations
Section 16—The
After “Commonwealth” (second occurring) insert “or the Australian Capital Territory”.
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