STATES GRANTS (NATURE CONSERVATION) ACT 1974
- Reprinted as at 31 May 1981 (#DATE 31:05:1981)
*1* The States Grants (Nature Conservation) Act 1974 as shown in this reprint comprises Act No. 151, 1974 as amended by the other Acts specified in the following table: ---------------------------------------------------------------------------- Application, saving Number Date Date of or transitional Act and year of Assent commencement provisions ---------------------------------------------------------------------------- States Grants (Nature Conservation) Act 1974 151, 1974 17 Dec 1974 17 Dec 1974 States Grants (Nature Conservation) Amendment Act 1976 154, 1976 9 Dec 1976 9 Dec 1976 S. 5 Environment (Financial Assistance) Act 1977 150, 1977 10 Nov 1977 10 Nov 1977 - Administrative Changes (Consequential Provisions) Act 1978 36, 1978 12 June 1978 12 June 1978 S. 8 STATES GRANTS (NATURE CONSERVATION) ACT 1974 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. Agreements with State Ministers
5. Financial assistance to States
6. Conditions of payments under this Act
7. Expenditure to be for approved purposes
8. Advances
9. Moneys payable to approved authorities
10. Provision of information
11. Agreements to be tabled in Parliament
12. Moneys to be appropriated
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STATES GRANTS (NATURE CONSERVATION) ACT 1974 - LONG TITLE
SECT
An Act to provide Financial Assistance to the States for Purposes connected
with Nature Conservation
STATES GRANTS (NATURE CONSERVATION) ACT 1974 - SECT. 1.
Short title
SECT
1. This Act may be cited as the States Grants (Nature Conservation) Act
1974.*1*
See notes to first article of this CHAPTER.
STATES GRANTS (NATURE CONSERVATION) ACT 1974 - SECT. 2.
Commencement
SECT
2. This Act shall come into operation on the day on which it receives the
Royal Assent.*1*
See notes to first article of this CHAPTER.
STATES GRANTS (NATURE CONSERVATION) ACT 1974 - SECT. 3.
Interpretation
SECT
3. In this Act, unless the contrary intention appears-
''appropriate Minister'', in relation to a State, means a Minister of the
Crown of that State having functions relating to nature conservation,
including any other Minister of the Crown of that State for the time being
acting for and on behalf of such a Minister;
''approved authority'', in relation to a State, means an authority of that
State approved by the Minister;
''approved program'' means a program agreed upon in accordance with
paragraph 4 (1) (a).
STATES GRANTS (NATURE CONSERVATION) ACT 1974 - SECT. 4.
Agreements with State Ministers
Sub-section (1) amended by No. 154, 1976, s. 2
SECT
4. (1) The Minister may, on behalf of the Commonwealth-
(a) agree with an appropriate Minister of a State upon programs connected
with nature conservation in that State, including, without limiting the
generality of the foregoing-
(i) programs of land acquisition by that State or an approved
authority
of that State; and
(ii) programs related to the management of, or the provision of
facilities in, parks or reserves established under a law of that State for the
purposes of nature conservation; and
(b) agree with that Minister upon the financial assistance to be provided
under this Act in respect of expenditure by that State or an approved
authority of that State under any such program.
(2) An agreement under sub-section (1) shall be in writing.
Amended by No. 154, 1976, s. 2
(3) An agreement under paragraph (1) (a) relating to a program of land
acquisition shall clearly identify the land to be acquired and specify the
purposes connected with nature conservation for which the land is proposed to
be acquired.
Added by No. 150, 1977, s. 12
(4) The Minister shall not agree on a program, or enter into an agreement,
under this section after the commencement of this sub-section, but this
sub-section does not prevent the Minister from agreeing to a variation of a
program or agreement that was agreed upon, or entered into, before the
commencement of this sub-section.
STATES GRANTS (NATURE CONSERVATION) ACT 1974 - SECT. 5.
Financial assistance to States
SECT
5. Subject to this Act, where, in accordance with an approved program,
moneys have been expended by a State or by an approved authority of a State,
there is payable to that State, by way of financial assistance in respect of
that expenditure, an amount or amounts determined as agreed in accordance with
paragraph 4 (1) (b).
STATES GRANTS (NATURE CONSERVATION) ACT 1974 - SECT. 6.
Conditions of payments under this Act
SECT
6. (1) A payment or advance to a State under this Act is subject to-
(a) such of the conditions provided for by this Act as are applicable; and
(b) such other conditions, including conditions relating generally to
nature conservation in the State, as are specified in the agreement in
accordance with which the payment or advance is made.
(2) For the purposes of paragraph (1) (a), such of the provisions of this
Act as are applicable to a State shall be regarded as conditions.
STATES GRANTS (NATURE CONSERVATION) ACT 1974 - SECT. 7.
Expenditure to be for approved purposes
Amended by No. 154, 1976, s. 3; No. 36, 1978, s. 3
SECT
7. A State is not entitled to a payment under section 5 in respect of any
expenditure unless-
(a) in the case of expenditure incurred in the acquisition of land, the
land in respect of which the expenditure has been incurred has been reserved,
dedicated or otherwise secured for the purposes specified in relation to the
land under sub-section 4 (3);
(b) the State has provided the Minister for Finance with a statement of the
expenditure, in accordance with a form approved by the Minister for Finance,
accompanied by a certificate by the Auditor-General of the State certifying
that, in his opinion, the expenditure was incurred in accordance with the
relevant approved program; and
(c) the State has provided the Minister for Finance with such further
information, if any, in respect of the expenditure as the Minister for Finance
requires.
STATES GRANTS (NATURE CONSERVATION) ACT 1974 - SECT. 8.
Advances
Sub-section (1) amended by No. 36, 1978, s. 3
SECT
8. (1) The Minister for Finance may, at such times and in such amounts as he
thinks fit, make advances on account of payments that may become payable under
section 5.
Amended by No. 154, 1976, s. 4; No. 36, 1978, s. 3
(2) If, at any time, the total amount of the payments under section 5, and
the advances under this section, made to a State exceeds the total amount that
has become payable under section 5 to that State, the amount of the excess
shall, upon request being made by the Minister for Finance, be repaid by the
State to the Commonwealth.
Amended by No. 36, 1978, s. 3
(3) A State shall provide the Minister for Finance with such documents and
other evidence to justify the making of an advance to the State under this
section as he requests, whether the request is made before or after the
relevant advance is made.
STATES GRANTS (NATURE CONSERVATION) ACT 1974 - SECT. 9.
Moneys payable to approved authorities
SECT
9. Where a payment or advance has been made to a State under this Act in
respect of expenditure incurred by an approved authority, the State shall pay
the amount of that payment or advance to that approved authority.
STATES GRANTS (NATURE CONSERVATION) ACT 1974 - SECT. 10.
Provision of information
SECT
10. A State shall, at the request of the Minister, provide him with such
information as he requires in relation to the carrying out of an approved
program.
STATES GRANTS (NATURE CONSERVATION) ACT 1974 - SECT. 11.
Agreements to be tabled in Parliament
SECT
11. The Minister shall cause a copy of every agreement made under this Act,
including every amending agreement, to be laid before each House of the
Parliament within 15 sitting days of that House after the date on which the
agreement was made.
STATES GRANTS (NATURE CONSERVATION) ACT 1974 - SECT. 12.
Moneys to be appropriated
SECT
12. Payments and advances to the States under this Act shall be made out of
moneys available under an appropriation by the Parliament.
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