New South Wales Grant (Gwydir River Dam) Act 1969

Overview

The New South Wales Grant (Gwydir River Dam) Act 1969 was enacted to address the need for financial assistance for the construction of a dam on the Gwydir River near Copeton in New South Wales. This Act was introduced by the Parliament of Australia and received Royal Assent on 14 June 1969. The primary objective of the Act is to provide financial aid to the State of New South Wales to facilitate the construction of a dam and related infrastructure on the Gwydir River. This assistance includes funding for the construction of the dam itself, auxiliary embankments, spillway and outlet works, access roads, relocation of affected services, clearing of timber, establishment of construction camps, and land acquisition. The Act ensures that financial assistance is contingent upon the provision of specific information and approval by the Minister, thereby maintaining oversight and accountability in the use of public funds.

Scope and Application

The New South Wales Grant (Gwydir River Dam) Act 1969 pertains to the provision of financial assistance to the State of New South Wales for the construction of a dam on the Gwydir River near Copeton. The Act applies specifically to the State of New South Wales, providing financial support for various aspects of the dam construction project, as outlined in the Schedule. This includes the construction of the dam itself, auxiliary embankments, spillway and outlet works, access roads, relocation of affected roads and services, clearing of timber, incidental works, establishment of construction camps, and necessary services for those camps, as well as the acquisition of land. The Act imposes conditions on the financial assistance, such as the requirement for the State to furnish information regarding the design and construction of the works, obtain approval from the Minister for certain contracts, and submit statements of expenditure accompanied by a certificate from the State’s Auditor-General. The Act also includes provisions for the Minister to vary the description of works, the making of advances, and the repayment of overpayments. The financial assistance granted under this Act is subject to an aggregate limit of Twenty million dollars and is appropriated out of the Consolidated Revenue Fund.

Key Provisions

The New South Wales Grant (Gwydir River Dam) Act 1969 (sections 1–10) provides a framework for the Commonwealth to offer financial assistance to the State of New South Wales for the construction of a dam on the Gwydir River near Copeton. The Act is structured to ensure that financial assistance is granted only under specific conditions and that the State meets certain obligations. The Act comes into operation immediately upon receiving Royal Assent (section 2). It defines "the State" as the State of New South Wales (section 3). The core of the Act is the provision of financial assistance, which is subject to the amounts expended by New South Wales in carrying out the works outlined in the Schedule (section 4(1)). The total financial assistance cannot exceed Twenty million dollars (section 4(2)). The Minister has the authority to vary the description of the work, as specified in the Schedule, if the State requests it and the Minister issues a written instrument (section 5). The State must provide information and meet certain conditions to be eligible for financial assistance. For example, the State must furnish information requested by the Minister regarding the design or construction of the work, and the Minister must be satisfied that the design and construction align with the proposed purposes (section 6). Additionally, if the expenditure exceeds Five hundred thousand dollars, the contract must have the Minister's approval (section 6(c)). The State is also required to furnish a statement of expenditure in a form approved by the Treasurer, accompanied by a certificate from the Auditor-General of New South Wales (section 7(a)). Further information may be requested by the Treasurer (section 7(b)). The Act imposes several obligations on New South Wales to ensure transparency and compliance in the use of financial assistance. The State must furnish detailed information about its expenditure, ensuring that it adheres to the requirements set forth by the Treasurer and includes a certificate from the Auditor-General (section 7). The design and construction of the works must align with the proposed purposes, and any contract exceeding Five hundred thousand dollars must be approved by the Minister (section 6). If the State fails to meet these obligations, it may not be entitled to financial assistance. The Act also allows for the Minister to make advances to New South Wales (section 8). Any overpayment of financial assistance must be repaid to the Commonwealth by New South Wales on demand from the Treasurer (section 9). The financial assistance is to be paid out of the Consolidated Revenue Fund (section 10). Breaches of the conditions set forth in the Act may have civil or criminal consequences. For instance, if New South Wales fails to provide the required information or complies with the design and construction requirements, it may not be entitled to financial assistance. If the State does not repay overpayments demanded by the Treasurer, it could face civil action to recover the excess amounts paid. The Act does not explicitly state criminal penalties for non-compliance, but the failure to meet the financial and administrative obligations could lead to legal repercussions under other relevant legislation or common law. The Act ensures that financial assistance is contingent on meeting specific conditions, thereby maintaining accountability and transparency in the use of public funds.