New South Wales Grant (Flood Mitigation) Act 1973

Overview

The New South Wales Grant (Flood Mitigation) Act 1973 was enacted to amend the New South Wales Grant (Flood Mitigation) Act 1971, specifically by altering the definition of “prescribed river” within its provisions. This legislation was introduced to address the need for a more comprehensive definition of watercourses subject to flood mitigation grants, thereby ensuring that the support mechanisms were effectively targeted at areas most at risk of flooding. Enacted by the Parliament of New South Wales, the policy objective of this Act is to enhance the state's capacity to manage and mitigate the impacts of flooding through targeted financial assistance. The Act was assented to on 15 May 1973 and came into operation on the same day, indicating the urgency and importance placed on this issue by the legislative body.

Scope and Application

The New South Wales Grant (Flood Mitigation) Act 1973 applies to the amendments of the New South Wales Grant (Flood Mitigation) Act 1971, focusing on the definition of a “prescribed river” for the purposes of flood mitigation grants. This Act primarily concerns the geographic scope within New South Wales, targeting the specified rivers and creeks outlined in its provisions, as well as any watercourses connected to these rivers or creeks. By amending the definition in section 3, the Act broadens the jurisdictional reach to include additional watercourses, thereby extending the eligibility for flood mitigation grants. The Act itself applies to persons or entities involved in flood mitigation projects within the newly defined areas, and its impact is limited to the state of New South Wales. There are no stated exclusions, exemptions, or thresholds in the text provided, but the Act may be further clarified or expanded through subordinate instruments or subsequent legislation.

Key Provisions

The New South Wales Grant (Flood Mitigation) Act 1973 (Act) amends the definition of "prescribed river" in the New South Wales Grant (Flood Mitigation) Act 1971 (1971 Act). Specifically, section 3 of the 1971 Act is amended by omitting the previous definition of "prescribed river" and replacing it with a new definition. The new definition includes a list of specific rivers and creeks (sections 3(a) and 3(b)), as well as any watercourse that flows into or out of these rivers or creeks (section 3(c)). This expanded definition ensures a broader scope of water bodies are covered under the Act's provisions for flood mitigation. The Act imposes specific obligations on the parties or entities it governs by defining which rivers and creeks are considered "prescribed rivers" for the purposes of flood mitigation grants. This definition ensures that any work or measures undertaken for flood mitigation in these areas can be eligible for the grants provided under the Act. The clear identification of eligible water bodies assists in the administration and application of the Act by ensuring that only those areas specified in the amended definition are eligible for funding and support. Breaches of the provisions of the Act, or misinterpretations of the eligibility criteria for "prescribed rivers," could potentially lead to civil or criminal consequences, although the Act itself does not specify any particular offences, penalties, or consequences for non-compliance. However, it is understood that misuse of funds or deliberate misclassification of water bodies could lead to legal action under broader administrative and financial laws. The maximum penalties for such breaches would be determined in accordance with the relevant legislation governing public funds and administrative compliance.