Snowy Mountains Hydro-electric Power Act 1958 (Cth)
SNOWY MOUNTAINS HYDRO-ELECTRIC POWER.
An
Act to amend the
[Assented to 21st May, 1958.]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
(2.) The
(3.) The Principal Act, as amended by this Act, may be cited as the
“Part V.—Finances of the Authority (Sections 25–32)” and inserting in their stead the words—
“Part V.—Finances of the Authority (Sections 25–31).
Part Va.—Reports (Sections 32–32b).”.
(
a ) by inserting after the definition of “temporary officer” the following definition:—“‘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 the First Schedule to this Act and, except in section five a of this Act, includes any agreement relating to the Guthega project entered into in accordance with clause twenty-two of the Agreement”; and
(
b ) by adding at the end thereof the following definition:—“ ‘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 the Second Schedule to this Act.”.
“5a.—(1.) The Agreement is approved.
“(2.) The Supplemental Agreement is approved.
“5b. Nothing
in this Act shall be taken to affect the rights of the State of South Australia
under the agreements copies of which are set out in the Schedules to the
(
a ) by omitting from sub-section (1.) the words “area of land” and inserting in their stead the words “area or areas of land”; and(
b ) by adding at the end thereof the following subsections:—“(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 at the date of commencement of this sub-section 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.”.
“
(
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 the last preceding paragraph, 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.”.
“
“(2.) The Treasurer may, out of moneys appropriated by the Parliament for the purposes of this Act, make advances to the Authority of such amounts and on such terms as the Treasurer, having regard to the provisions of clause fifteen of the Agreement, determines.
“(3.) Except with the consent of the Treasurer, the Authority shall not borrow money otherwise than in accordance with this section.”.
“(2.) The Authority shall pay all moneys received by it into an account referred to in this section.”.
“27.—(1.) Subject to the next succeeding sub-section, the moneys of the Authority—
(
a ) shall be applied by the Authority—(i) in payment or discharge of the expenses and other obligations of the Authority;
(ii) in payment of the salaries and allowances of the Commissioner and of the Associate Commissioners and of any Acting Commissioner; and
(iii) in repayment of advances made to the Authority by the Treasurer under this Act in accordance with the terms upon which those advances were made; and
(
b ) may, with the approval of the Treasurer, be invested on fixed deposit with the Commonwealth Bank of Australia or with any other bank or in securities of the Commonwealth.
“(2.) Moneys of
the Authority to which paragraph (
“(3.) The Treasurer may, on behalf of the Commonwealth, accept deposits made by the Authority in accordance with the last preceding sub-section, and pay or credit interest on those deposits to the Authority in accordance with the Agreement.
“
“(2.) The accounts and records of the Authority shall show such matters as are necessary for the purposes of the Agreement or the Supplemental Agreement.
“28a.—(1.) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the Authority and shall forthwith draw the Minister’s attention to any irregularity revealed by the inspection and audit which, in the opinion of the Auditor-General, is of sufficient importance to justify his so doing.
“(2.) The Auditor-General shall, at least once in each year, report to the Minister the results of the inspection and audit carried out under the last preceding sub-section.
“(3.) The Auditor-General or a person authorized by him is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the Authority relating directly or indirectly to the receipt or payment of moneys by the Authority or to the acquisition, receipt, custody or disposal of assets of the Authority.
“(4.) The Auditor-General or a person authorized by him may make copies of or take extracts from any such accounts, records, documents or papers.
“(5.) The Auditor-General or a person authorized by him may require the Commissioner or an Associate Commissioner or an officer or employee of the Authority to furnish him with such information in the possession of the Commissioner, Associate Commissioner, officer or employee, or to which the Commissioner, Associate Commissioner, officer or employee has access, as the Auditor-General or authorized person considers necessary for the purposes of an inspection or audit under this Act, and the Commissioner, Associate Commissioner, officer or employee shall comply with the requirement.”.
“Part Va.—Reports.
“32. The Authority shall from time to time inform the Minister concerning the general conduct of its operations.
“32a. The Authority shall furnish to the Minister such information relating to its operations as the Minister requires.
“32b.—(1.) The Authority shall, as soon as practicable after each thirtieth day of June, prepare and furnish to the Minister a report on its operations during the year ended on that date, together with financial statements in respect of that year in such form as the Treasurer approves.
“(2.) Before furnishing the financial statements to the Minister, the Authority shall submit them to the Auditor-General, who shall report to the Minister—
(
a ) whether the statements are based on proper accounts and records;(
b ) whether the statements are in agreement with the accounts and records and show fairly the financial operations and the state of the finances of the Authority;(
c ) whether the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Authority during the year have been in accordance with this Act; and(
d ) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Minister.
“(3.) The Minister shall lay the report and financial statements of the Authority, together with the report of the Auditor-General, before each House of the Parliament within fifteen sitting days of that House after their receipt by the Minister.”.
“(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 the last preceding sub-section, ‘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 the last two preceding subsections (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.”.
“37.—(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 the last preceding subsection 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 One hundred pounds; or(
b ) where the offence is prosecuted upon indictment—a fine not exceeding Five hundred pounds or imprisonment for a term not exceeding one 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.”.
THE SCHEDULES.
first schedule. 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:
First Schedule—
continued.
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.
“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;
First Schedule—
“the Kosciusko State Park” means the land permanently reserved for a State Park by section 3 of the
Kosciusko Stale 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
First Schedule—
“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.) 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.
PART II—CONSTRUCTION OF WORKS.
(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.
First Schedule—
(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.) (
First Schedule—
(
(
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.
(
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.
First Schedule—
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.
(
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
First Schedule—
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.
(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.
(
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;
First Schedule—
(
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 arrangements 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,
First Schedule—
PART V—GENERATION AND SUPPLY OF ELECTRICITY.
(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.
(
(
(2.) (
(
First Schedule—
electricity
at the point or points within the Australian Capital Territory or within or
near the Area nominated by the Commonwealth and at the cost of transmission, in
which event that Electricity Commission shall be entitled to receive free of
charge from the electrical energy produced from the works of the Authority, in
addition to that Electricity Commission’s share of surplus electrical energy
and any energy supplied in accordance with paragraph (
(
(3.) (
(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.
(
(4.) (
(
(5.) (
(
First Schedule—
Commission
shall be entitled to share surplus electrical energy and surplus power in the
proportions set out in the preceding paragraph, unless that sharing would, in
the opinion of the Council, result in a significant adverse effect on the
overall economy of electricity supply, in which event the proportions’ will,
subject to the next succeeding paragraph, and without prejudice to paragraph (
(
(
(
(
(
(6.) 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.
(7.) 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.
First Schedule—
(8.) (
(
(
(
(
(
(
(2.)
(
(i) interest in respect of that year on the net amount invested in each stage of the permanent works of the Authority from which stage electricity is generated in that year; plus
(ii) an instalment (calculated as provided in paragraph (
p ) of this sub-clause) in respect of that year of the amount of accumulated interest attributable to each such stage; plus
First Schedule—
(iii) depreciation attributable to each such stage in respect of that year calculated as provided in paragraphs(
q ), (r ), (s ) and (u ) of this sub-clause; plus(iv) maintenance charges (assessed as provided in paragraph (
z ) of this sub-clause) attributable to each such stage in respect of that year; plus(v) costs attributable to the operation in that year of each such stage; minus
(vi) any miscellaneous credits of a current nature accruing to the Authority in respect of that year and attributable to each such stage.
(
(i) interest will be calculated on the basis that on each advance made by the Commonwealth simple interest will accrue until such time as the stage of the works to which that advance is charged or allocated first commences the production of electricity; and
(ii) interest will not be charged upon the accrued interest on advances charged or allocated to a stage of the works nor shall that accrued interest be included in the net capital expenditure of the Authority but, when that stage commences the production of electricity, that accrued interest shall be payable as provided in this sub-clause.
(
PROVIDED that if the construction of the permanent works of the Authority takes place at a different rate or in a different sequence to the rate or sequence upon which the notifications are based or if the works are brought into operation in phases different from the phases upon which the notifications are based the date second-mentioned in this paragraph will be appropriately adjusted.
(
(
(
(i) that part of the net capital expenditure (whether incurred before or after the commencement of this agreement) of the Authority up to that given time, excluding accumulated interest on that expenditure, which is directly chargeable in full to that stage; and
(ii) an appropriate allocation of that part of the net capital expenditure (whether incurred before or after the commencement of this agreement) of the Authority up to that given time, excluding accumulated interest on that expenditure, which is not directly chargeable in full to a stage of the permanent works of the Authority, after having regard, for the purpose of determining the appropriate allocation, to the effect of accumulated interest accrued up to that given time and accruing after that given time on so much of that expenditure as is not allocated to the stage first-mentioned in this paragraph.
First Schedule—
(
(i) the gross amount invested in that stage at the change-over date as determined in accordance with paragraph (
f ) of this sub-clause;(ii) that part of the net capital expenditure, if any, of the Authority incurred between the change-over date and the given time, including capitalised interest accrued up to that given time on that part, which is directly chargeable in full to that stage; and
(iii) an appropriate allocation, if any, of that part of the net capital expenditure of the Authority between the change-over date and the given time, including capitalised interest accrued up to that given time on that part, which is not directly chargeable in full to a stage of the permanent works of the Authority, after having regard, for the purpose of determining that appropriate allocation, to the effect of any capitalised interest accruing after that time on so much of that expenditure as is not allocated to that first-mentioned stage.
(
(
i ) For the purpose of ascertaining the rate of interest on and the period of the loans which rate and period are to be taken into account in determining—(i) the interest referred to in sub-paragraph (i) of paragraph (
a ) of this sub-clause attributable to any year;(ii) the amount of accumulated interest referred to in sub-paragraph (ii) of paragraph (
a ) of this sub-clause; and(iii) the amount of capitalised interest accrued and accruing on expenditure of the Authority after the change-over date,
there shall be observed, subject to this sub-clause, the general principle that each advance made by the Commonwealth to the Authority (including each advance so made prior to the date of this agreement) is a loan by the Commonwealth to the Authority for a period corresponding to the period of the long-term public loan last raised in Australia by the Commonwealth prior to the date on which that advance was made and at a rate of interest not greater than the interest rate of that last-mentioned loan.
(
(
(
(
First Schedule—
works of the Authority which last-mentioned stage first comes into operation for the generation of electricity after the commencement of that year interest shall not be chargeable in respect of the period before the time when the last-mentioned stage first comes into operation for the generation of electricity.
(
(
(
(
(
(i) the amount which if invested annually over a period of 70 years from the time when that stage first comes into operation for the generation of electricity at compound interest calculated at the average rate payable on the amount owing by the Authority to the Commonwealth (excluding accumulated interest on expenditure prior to the changeover date) at that time would amount to the gross amount invested in that stage at that time;
(ii) the respective amounts which if invested annually over periods of 70 years from the respective times when the gross amount invested in that stage is increased because of the construction by the Authority after the time when that stage first comes into operation for the generation of electricity of additional assets, other than replacement assets, at compound interest calculated at the rate referred to in sub-paragraph (i) of this paragraph would amount to the respective amounts of those increases;
(iii) an amount equal to the compound interest which would accrue with respect to that financial year calculated at the rate referred to in sub-paragraph (i) of this paragraph on the balance of depreciation with respect to that stage, which balance shall be the sum of the amounts of depreciation charged in previous years with respect to that stage pursuant to this paragraph and the next succeeding paragraph less that portion of the gross amount invested in that stage which comprises the cost of assets which have been replaced up to the beginning of that year by replacement assets.
(
First Schedule—
(
(
(
The sum so determined in respect of any such phase other than the final phase shall be an amount which is not less than the amount which bears the same proportion to the amount which the Authority estimates will be the gross amount invested in that stage up to and including the final phase as the annual production of electricity from the phase concerned, at the time to which the determination relates, bears to the estimated average annual production of electrical energy from that stage at the final phase.
(
(
The principles outlined in this paragraph shall be applied in determining in respect of a phase—
(i) the interest referred to in sub-paragraph (i) of paragraph (
a ) of this subclause; and(ii) the amount of accumulated interest referred to in sub-paragraph (ii) of the same paragraph.
(
(
(ii) The maintenance charges referred to in the said sub-paragraph (iv) will be assessed on the basis of substantially equal charges in respect of the relevant stage from year to year and with the object of avoiding as far as practicable, excessive charges in any particular year or years.
(iii) If and when the maintenance equalization account is in credit to the extent of approximately £300,000, the maintenance charges will be reviewed with the object of limiting those charges in such manner as to maintain the credit at approximately £300,000.
(iv) At the expiration of five years from the date of this agreement and thereafter at intervals of five years or at such shorter periods as the Council may determine, the Council shall review the amount mentioned in sub-paragraph (iii) of this paragraph and in that event the maintenance charges shall be adjusted having regard to the amount fixed consequent upon such review.
First Schedule—
(v) Interest paid or received by or allowed to the Authority on the amount to the debit or credit, as the case may be, of the maintenance equalization account from time to time shall be debited or credited, as the case may be, to that account.
(
(
(3.)
(
(i) the cost to that Electricity Commission of all its electricity including all amounts payable by it under sub-clause (1.) of this clause; and
(ii) the cost to that Electricity Commission of all its electricity if additional generating plant other than nuclear plant had from time to time been installed by that Electricity Commission to provide a total amount of generating plant sufficient to supply the same total requirements of electricity during that year without receiving any electricity from the works of the Authority, and assuming that such additional generating plant had been installed at the same time as the equivalent stages of the plant installed by the Authority.
Without restricting the generality of the expression “the cost to that Electricity Commission of all its electricity”, transmission and transformation costs to load centres will be included therein for the purposes of the calculations required by sub-paragraphs (i) and (ii) of this paragraph.
(
(i) the charges on account of interest on capital on the plant that has not been, but would have been, installed, in lieu of the equivalent stages of the plant installed by the Authority are at the same rates as the charges on account of interest upon the amount invested in those stages made pursuant to sub-clause (2.) of this clause;
(ii) the charges for depreciation on that generating plant (whether that referred to in sub-paragraph (i) or not) will be calculated as equal annual instalments which, upon a sinking fund basis with interest accumulating at the rate determined pursuant to the last preceding subparagraph, will be sufficient to yield the total capital invested in these assets in 33 years in the case of thermal plant, and 70 years in the case of hydro plant; and
(iii) at the expiration of the period mentioned in the last preceding subparagraph, the generating plant will be deemed to have been retired, and costs related thereto will be excluded.
(
(
First Schedule—
(
(
(2.) (
(
(3.) Subject to sub-clause (1.) of this clause, the generating stations shall be manned by the Electricity Commissions, and the Council shall determine, from time to time, which generating stations are to be manned by the respective Electricity Commissions.
(4.) Subject to sub-clause (1.) of this clause, the works of the Authority, other than the generating stations, shall be manned by the Authority.
(5.) The Authority and each of the Electricity Commissions will ensure that its respective officers, agents, servants and employees manning the permanent works of the Authority pursuant to this clause will carry out and comply with the directions of the Council given pursuant to this clause.
(6.) As between the parties to this agreement, the Council shall be responsible for any directions given by it (whether on the directions of the Minister or not) or by the Operations Engineer or an Assistant Operations Engineer, and for the acts and omissions, in or in connexion with the operation and maintenance of the permanent works of the Authority, of the Council, the Operations Engineer, the Assistant Operations Engineers, the Authority and the Electricity Commissions, and of the officers, agents, servants and employees of the Council, the Authority and the Electricity Commissions.
(7.) The Authority shall, on being requested by the Council to do so, provide the Council with the funds necessary to meet any expenses incurred by the Council in or in connexion with the operation and maintenance of the permanent works of the Authority, or to enable the Council to pay any amounts which it shall become
First Schedule—
liable to pay pursuant to the last preceding sub-clause, and the amounts so provided by the Authority shall: be deemed to be part of the net cost of production of the Authority for purposes of clause 15 of this agreement.
(8.) (
(
(9.) The expenses incurred by the Electricity Commissions in manning the generating stations in accordance with the directions of the Council shall be reimbursed by the Authority at such intervals and in such manner as may be agreed between the Authority and the respective Electricity Commissions, or in default of agreement determined by the Council, and the expenses so reimbursed shall be deemed to be part of the net cost of production of the Authority for purposes of clause 15 of this agreement.
PART VI—SNOWY MOUNTAINS COUNCIL.
(2.) The Council shall consist of—
(
a ) two members appointed by the Minister to represent the Commonwealth, one of whom shall be appointed by the Minister as the Chairman and the other as the Deputy Chairman of the Council;(
b ) two members appointed by the State of New South Wales to represent that State;(
c ) two members appointed by the State of Victoria to represent that State;(
d ) the Commissioner constituting the Authority, or, during any absence of the Commissioner, an Associate Commissioner appointed under the Act; and(
e ) an Associate Commissioner or an officer of the Authority appointed by the Minister on the recommendation of the Authority.
(3.) Whenever a duly appointed member of the Council is unable to attend a meeting of the Council, a deputy appointed by the Minister or State which appointed that member may attend as a member in his place.
(4.) The Minister shall appoint a person to be the Secretary to the Council.
(2.) Meetings of the Council shall be summoned as and when considered desirable by the Chairman, or, in his absence, by the Deputy Chairman, and at such other times as are requested by any two members, but the meetings shall in any event be summoned and held at least once in every six months from the date of the commencement of this agreement.
(3.) No resolution may be adopted unless a representative of each of the Governments and of the Authority is present.
(4.) Subject to the next succeeding sub-clause, questions shall be decided by a majority of votes of the members present and voting and, in the event of an equality of votes, the presiding member shall have a casting as well as a deliberative vote.
(5.) The Associate Commissioner or officer of the Authority appointed by
the Minister pursuant to paragraph (
(6.) When decisions are not unanimous and a question is decided by a majority vote, the views of the minority shall be recorded, if so requested, and any report or advice on that question shall state the views of the minority.
First Schedule—
(2.) The duties of the Council shall be—
(
a ) to direct and control—(i) the operation and maintenance of the permanent works of the Authority for the control of water and the production of electricity; and
(ii) the allocation of loads to generating stations;
(
b ) to advise on—(i) the co-ordination of the works carried out or to be carried out by the Authority with the works carried out or to be carried out by the States for—
(a) the generation and transmission of electricity; and
(b) irrigation; and
(ii) the principles referred to in paragraph (
h ) of sub-clause (2.) of clause 15 of this agreement; and(
c ) to determine the respective periods referred to in paragraph (s ) of sub-clause (2.) of clause 15 of this agreement.
(3.) The Council shall if so required by the Government of the Commonwealth or of either of the States make a report on any matter referred to it by that Government and may of its own motion make reports with respect to—
(
a ) the nature, order, sequence and rate of construction of works of the Authority;(
b ) matters affecting the States in respect of the diversion, storage and release of waters by the Authority;
(
c ) matters affecting the States in respect of the generation, transmission, allocation and use of the electricity generated by the Authority; and(
d ) matters affecting the States in respect of catchment areas.
(4.) In carrying out its duties and functions, the Council shall at all times act consistently with the provisions of this agreement.
(5.) All reports or advice under this clause shall be made to the Minister who shall immediately on receipt of any such report or advice arrange for copies of it to be forwarded to the Premiers of the States.
(6.) The Council shall inform the Minister of all decisions made
pursuant to its duties specified under paragraph (
(
a ) the nature and costs of all proposed works for the collection, diversion and storage of water and for the generation of electricity in pursuance of the Act or of this agreement;(
b ) the sequence, rate and progress of construction of those works;(
c ) its proposals for the diversion of waters and the operating procedures;(
d ) the position in respect of the waters held or proposed to be held from time to time in storages under the control of the Authority; and(
e ) all matters which may affect the interests of the States in respect of the use of those waters and in respect of the generation, transmission, allocation and use of the electricity generated by means of the use of those waters.
PART VII—THE GUTHEGA PROJECT.
First Schedule—
(2.) (
(
(
(
(3.) (
(
(i) the net amount invested as at the end of the period of the Guthega agreement in the stage which comprises the Guthega Project shall be calculated as provided in paragraphs (
d ), (e ), (f ) and (h ) of sub-clause (2.) of clause 15 of this agreement; and for the purposes of such calculation the amounts which in accordance with paragraph (c ) of this sub-clause are deemed to be received by the Authority in respect of charges for depreciation shall be deemed to have been so received from the Commonwealth and both Electricity Commissions;(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
First Schedule—
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.
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.
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. H. SPOONER
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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— K. N. COMMENS |
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SIGNED BY THE HONOURABLE HENRY EDWARD BOLTE, Premier of the State of Victoria, for and on behalf of that State, in the presence of— J. C. MACGIBBON |
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second schedule. 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:—
“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.) 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.
(
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.
(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.
Second Schedule—
(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.
(
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
(
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.
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 |
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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 |
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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 |
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