Queensland Grant (Clare Weir) Act 1974

Legislation au C2004A00179 Not in force Act

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QUEENSLAND GRANT (CLARE WEIR) ACT

1974

 

No. 123 of 1974

 

An Act to grant Financial Assistance to Queensland in connexion with the Construction of a Weir on the Burdekin River near Clare.

 

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:

Short title.

1. This Act may be cited as the Queensland Grant (Clare Weir) Act 1974.

Commencement.

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

Definition.

3. In this Act, State means Queensland.

Grant of financial assistance.

4. (1) Subject to this Act, there are payable to the State, by way of financial assistance, amounts necessary to reimburse the State in respect of moneys expended by the State, after the commencement of this Act, in carrying out the works, and doing the other things, referred to in the Schedule.

(2) The amounts paid to the State under this Act shall not exceed, in the aggregate, $3,000,000.

Power of Minister to vary description of work.

5. Upon request by the State, the Minister may, from time to time, direct in writing that this Act have effect in relation to a work referred to in the Schedule as if the description in that Schedule of that work were varied in such manner as the Minister specifies in the direction.

State to carry out irrigation and other works.

6. The State is not entitled to financial assistance under this Act unless the Minister is satisfied that reasonable progress has been made by the State in carrying out irrigation and other works for the purpose of using the water made available by the construction of the weir referred to in the Schedule.

Provision relating to carrying out of work.

7. The State is not entitled to financial assistance under this Act in relation to expenditure by the State in carrying out a particular work—

(a) Where the Minister has requested the State to furnish information in relation to the design or construction of the work—unless the State has duly furnished that information;

(b) Unless the Minister is satisfied that the design and construction of the work are in accordance with the purposes for which the work was proposed by the State; and

(c) Where the expenditure was incurred under a contract providing for the expenditure of more than $200,000—unless the contract was entered into with the approval of the Minister.

Information to be furnished by State in relation to expenditure.

8. The State is not entitled to financial assistance under this Act in relation to particular expenditure by the State unless the State has furnished to the Treasurer—

(a) a statement in respect of that expenditure in accordance with a form approved by the Treasurer, accompanied by a certificate of the Auditor-General of the State certifying that, in his opinion, the expenditure shown in the statement was incurred in carrying out works, or doing other things, referred to in the Schedule; and

(b) Such further information, if any, as the Treasurer requires in respect of that expenditure.


Advances.

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

Overpayments.

10. Payment to the State under this Act of any amount (including an advance) is subject to the condition that the State will repay to Australia, on demand by the Treasurer, the amount by which, at the time of the demand, the total of the amounts (including advances) paid to the State under this Act exceeds the total of the amounts that have become payable to the State under section 4.

Appropriation

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

 

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SCHEDULE  Section 4

MATTERS IN RESPECT OF WHICH FINANCIAL ASSISTANCE IS GRANTED

1. The construction of a weir on the Burdekin River near Clare of sufficient height to store approximately 15,500 megalitres of water.

2. The construction of outlet works in connexion with the weir.

3. The construction of access roads to the weir site.

4. The relocation of roads and other services that may be affected by the construction of the weir and by the storage of water by the weir.

5. The clearing of timber from the area to be covered by the water to be stored by the weir.

6. The carrying out of works incidental to any of the works referred to in the preceding paragraphs of this Schedule.

7. The establishment of construction camps required in connexion with the carrying out of any of the works referred to in the preceding paragraphs of this Schedule and the provision of services necessary for those camps, including the construction of roads and the provision of power, water, sewerage and telecommunication facilities.

8. The acquisition of land that is required for the carrying out of any of the works referred to in the preceding paragraphs of this Schedule or may be affected by any of those works.

 

Overview

The Queensland Grant (Clare Weir) Act 1974 was enacted by the Parliament of Australia to provide financial assistance to the State of Queensland for the construction of a weir on the Burdekin River near Clare. This Act was introduced to address the need for substantial infrastructure to support irrigation and water management in the region. The legislation aims to support Queensland in completing critical infrastructure projects by reimbursing the state for expenditures related to the weir and associated works, up to a maximum of $3,000,000. The policy objective is to facilitate progress in irrigation and other water-related works, ensuring that the financial assistance is contingent upon reasonable progress being made by Queensland in these areas. The Act outlines the conditions under which financial assistance is granted, including the requirement for the state to furnish information on the design and construction of the works, and for the Minister's approval of contracts exceeding $200,000. The Act also provides for the Minister to vary the description of the works upon request from the State and includes provisions for the repayment of overpayments. Financial assistance is to be paid out of the Consolidated Revenue Fund, subject to appropriation by Parliament. The specific works covered by the grant include the construction of the weir, outlet works, access roads, relocation of infrastructure, land acquisition, and the establishment of construction camps with necessary services.

Scope and Application

The Queensland Grant (Clare Weir) Act 1974 is legislation enacted to provide financial assistance to Queensland for the construction of a weir on the Burdekin River near Clare. This Act applies specifically to the State of Queensland and pertains to the financial support required for the construction and related works of the weir, including outlet works, access roads, relocation of affected roads and services, clearing of timber, incidental works, establishment of construction camps, and the acquisition of necessary land. The financial assistance granted under this Act is subject to several conditions and limitations, such as the requirement for Queensland to make reasonable progress in irrigation and other works, furnish relevant information and approvals regarding the design and construction of the works, and adhere to expenditure certification processes. The Minister for the relevant portfolio has the authority to vary the description of the works as per the schedule and approve contracts exceeding $200,000. The Act also allows for advances to be made by the Treasurer to Queensland and includes provisions for the repayment of overpayments. The total financial assistance granted cannot exceed $3,000,000 and is to be paid out of the Consolidated Revenue Fund.

Key Provisions

The Queensland Grant (Clare Weir) Act 1974 (sections 1-11) establishes a financial assistance grant to the State of Queensland for specific works related to the construction of a weir on the Burdekin River near Clare. Section 4(1) specifies that financial assistance up to a maximum of $3,000,000 will be provided to reimburse Queensland for the costs incurred post-commencement of the Act for the construction of the weir, outlet works, access roads, and other related infrastructure. Section 5 allows the Minister to vary the description of work upon request from the State, provided the Minister specifies the manner of variation in writing. Section 6 mandates that the State must demonstrate reasonable progress in carrying out irrigation and other works to qualify for financial assistance. Additionally, Section 7 outlines that financial assistance is contingent on the State providing necessary information upon request, ensuring that the design and construction of the works align with the intended purposes, and obtaining the Minister’s approval for contracts exceeding $200,000. The Act imposes several obligations on Queensland to ensure transparency and compliance with the terms of financial assistance. Section 8 requires the State to furnish detailed statements of expenditure accompanied by an Auditor-General's certificate to the Treasurer, ensuring the expenditure aligns with the works outlined in the Schedule. Section 9 allows the Treasurer to make advances to the State, subject to the condition that any overpayment must be repaid upon demand by the Treasurer. This ensures fiscal responsibility and accountability in the use of funds. The appropriation of funds from the Consolidated Revenue Fund, as stated in Section 11, ensures that the financial assistance is legally and formally allocated for the intended purpose. Breach of the obligations set out in the Queensland Grant (Clare Weir) Act 1974 may result in civil or criminal consequences. Failure to provide necessary information or comply with the Minister's directions could lead to the withholding of financial assistance. Additionally, if Queensland fails to repay any overpayment demanded by the Treasurer, it may face legal action to recover the excess amount. While specific penalties for non-compliance are not detailed in the Act, the implications of failing to meet the stipulated conditions could result in financial and reputational repercussions for the State.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.