States Grants (Water Resources) Act 1964 (Cth)

STATES GRANTS (WATER RESOURCES).

 

No. 127 of 1964.

An Act to grant Financial Assistance to the States in connexion with the Measurement and Investigation of their Water Resources.

[Assented to 24th November, 1964.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1.This Act may be cited as the States Grants (Water Resources) Act 1964.

Commencement.

2.This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation.

3.—(1.) In this Act, unless the contrary intention appears—

“capital expenditure” means expenditure, not being operational expenditure, incurred in—

(a) the construction of works; or

(b)the provision of equipment or facilities,

approved by the Minister under section eight of this Act or in connexion with the doing of things so approved;

“discharge”, in relation to a river in a State, means the volume of water that flows past a point or place in the course of the river during an interval of time;

“measurement” includes the recording, arrangement, analysis or publication of information obtained by measurement;

 

“operational expenditure” means—

(a)in relation to the measurement of the discharge of the rivers in a State, expenditure incurred in the operation and maintenance of works, equipment, facilities or things used in connexion with that measurement, whether approved by the Minister under section eight of this Act or not; and

(b)in relation to the investigation and measurement of underground water resources of a State, expenditure incurred in the operation and maintenance of works, equipment, facilities or things used in connexion with that investigation and measurement, whether approved by the Minister under section eight of this Act or not;

“river” means a surface river and includes any surface watercourse.

(2.) For the purposes of this Act, each of the following years is a year to which this Act applies:—

(a)the year ending on the thirtieth day of June, One thousand nine hundred and sixty-five; and

(b) each of the next two succeeding years.

Grants in respect of capital expenditure in connexion with measurement of discharge of rivers.

4. Where—

(a)a State furnishes to the Treasurer such information as he requires with respect to the amount of capital expenditure by the State during a year to which this Act applies in connexion with the measurement of the discharge of the rivers in the State; and

(b)the Treasurer is satisfied that the amount so expended by the State exceeds the amount specified opposite to the name of that State in the second column of the First Schedule to this Act,

there is payable to the State in respect of that year for the purpose of financial assistance—

(c)the amount that is appropriate to that year, being the amount specified opposite to the name of that State in the third, fourth or fifth column of that Schedule;

(d) the amount of that excess; or

(e)the amount that bears to the amount of that expenditure the same proportion as the number specified opposite to the name of that State in the sixth column of that Schedule bears to one hundred,

whichever is the least.

Grants in respect of operational expenditure in connexion with measurement of discharge of rivers.

5. Where—

(a)a State furnishes to the Treasurer such information as he requires with respect to the amount of operational expenditure by the State during a year to which this

 

Act applies in connexion with the measurement of the discharge of the rivers in the State; and

(b)the Treasurer is satisfied that the amount so expended by the State exceeds the amount specified opposite to the name of that State in the second column of the Second Schedule to this Act,

there is payable to the State in respect of that year for the purpose of financial assistance—

(c) the amount that is appropriate to that year, being the amount specified opposite to the name of that State in the third, fourth or fifth column of that Schedule;

(d) the amount of that excess; or

(e)the amount that bears to the amount of that expenditure the same proportion as the number that is appropriate to that year, being the number specified opposite to the name of that State in the sixth, seventh or eighth column of that Schedule, bears to one hundred,

whichever is the least.

Grants in respect of expenditure on underground water investigation.

6. Where—

(a)a State furnishes to the Treasurer such information as he requires with respect to the amount of the total of the capital expenditure and operational expenditure by the State during a year to which this Act applies in connexion with the investigation and measurement of underground water resources of the State; and

(b)the Treasurer is satisfied that the amount so expended by the State exceeds the amount specified opposite to the name of that State in the second column of the Third Schedule to this Act,

there is payable to the State in respect of that year for the purpose of financial assistance—

(c) the amount that is appropriate to that year, being the amount specified opposite to the name of that State in the third, fourth or fifth column of that Schedule; or

(d)two-thirds of the amount of that excess,

whichever is the less.

Information to be verified.

7.Information furnished by a State as mentioned in paragraph (a)of each of the last three preceding sections shall not be accepted for the purposes of this Act unless it is certified to be correct by the Auditor-General of the State.

 

Approval of works.

8.For the purposes of this Act, a State may, before or during a year to which this Act applies, request the Minister to approve, in relation to that year, specified works, equipment, facilities or things in connexion with—

(a)the measurement of the discharge of the rivers in the State; or

(b)the investigation and measurement of the underground water resources of the State,

and the Minister may approve such a work, item of equipment, facility or thing in relation to that year.

Information to be furnished by States.

9.—(1.) A State is not entitled to financial assistance under this Act in respect of a year to which this Act applies unless the State has furnished to the Minister in relation to the period of six months preceding the first day of November, and in relation to the period of six months preceding the first day of May, in that year a report, to the satisfaction of the Minister, setting out particulars of the works, equipment, facilities and things in connexion with—

(a) the measurement of the discharge of the rivers in the State; and

(b)the investigation and measurement of underground water resources of the State,

carried out, provided or done by the State during that period.

(2.) A report referred to in the last preceding sub-section shall not be accepted for the purposes of this Act unless it is received by the Minister—

(a) not later than a date specified by him, being a date—

(i) after the first day of November in respect of a report to be furnished in relation to the period of six months preceding that date; and

(ii) after the first day of May in respect of a report to be furnished in relation to the period of six months preceding that date; or

(b)within such further time as the Minister, before or after the date so specified, allows.

Advances.

10.The Treasurer may, at such times as he thinks fit, make advances of such amounts as he thinks fit to a State on account of an amount that may become payable under this Act to the State.

Overpayments.

11.Payment to a State under this Act of any amount (including an advance made under the last preceding section) is subject to the condition that the State will repay to the Commonwealth, on demand by the Treasurer, the amount by which, at

 

the time of the demand, the total of the amounts (including any such advances) paid to the State under this Act exceeds the total of the amounts that have become payable to the State under sections four, five and six of this Act.

Appropriation.

12.Amounts payable to a State under this Act are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

 

THE SCHEDULES.

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FIRST SCHEDULE. Section 4.

Capital Expenditure—Measurement of Discharge of Rivers.

First Column.	Second Column.	Third Column.	Fourth Column.	Fifth Column.	Sixth Column.
Name of State.	Base amount of expenditure.	Maximum amount of grant for year ending—			Number specified for the purposes of paragraph (e) of section 4.
		30th June, 1965.	30th June,1966.	30th June, 1967.
£	£	£	£
New South Wales.........	30,700	31,500	31,500	31,500	50
Victoria.......................	23,500	5,000	5,000	5,000	18
Queensland..................	40,000	80,000	80,000	80,000	50
South Australia............	3,650	6,825	6,825	6,825	50
Western Australia.........	34,000	36,000	40,000	45,000	50
Tasmania.....................	5,250	2,100	2,100	2,100	29

SECOND SCHEDULE. Section 5.

Operational Expenditure—Measurement of Discharge of Rivers.

First Column.	Second Column.	Third Column.	Fourth Column.	Fifth Column.	Sixth Column.	Seventh Column.	Eighth Column.
Name of State.	Base amount of expenditure.	Maximum amount of grant for year ending—			Number specified for the purposes of paragraph (e) of section 5 for year ending—
		30th June, 1965.	30th June, 1966.	30th June, 1967.	30th June, 1965.	30th June, 1966.	30th June 1967.
£	£	£	£
New South Wales....	119,000	10,000	20,000	30,000	8	15	21
Victoria..................	76,000	2,000	4,000	6,000	3	5	8
Queensland.............	50,000	25,000	50,000	62.500	34	50	50
South Australia........	1,600	1	1,400	2,250	0	47	50
Western Australia....	54.000	3,000	16,000	31,000	6	23	37
Tasmania................	39,500	500	2,350	4,200	2	6	10

 

THIRD SCHEDULE.  Section 6.

Expenditure on Underground Water Resources.

First Column.	Second Column.	Third Column.	Fourth Column.	Fifth Column.
Maximum amount of grant for year ending—
Name of State.	Base amount of expenditure.	30th June, 1965.	30th June, 1966.	30th June, 1967.
£	£	£	£
New South Wales	68,000	60,000	48,750	43,750
Victoria...................................	189,500	37,920	30,810	27,650
Queensland..............................	90,000	50,160	40,755	36,575
South Australia........................	41,000	29,760	24,180	21,700
Western Australia	130,000	56,640	46,020	41,300
Tasmania.................................	7,500	5,520	4,485	4,025