Queensland Grant (Kinchant Dam) Act 1973

Legislation au C2004A00039 Not in force Act

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Queensland Grant (Kinchant Dam)

Act 1973

 

No. 207 of 1973

 

 

AN ACT

To grant Financial Assistance to the State of Queensland in connexion with the Construction of a Dam on Sandy Creek near Mount Kinchant in that State.

[Assented to 19 December 1973]

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 (Kinchant Dam) Act 1973.

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 the State of 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, Five hundred and fifty thousand dollars.

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.

Provision relating to carrying out of work.

6. 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 Two hundred thousand dollars—unless the contract was entered into with the approval of the Minister.

Information to be furnished by State in relation to expenditure.

7. 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.

8. 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.

Over payments.

9. 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.

10. 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 main stream of the Dawson River at Baralaba, and of a weir on an anabranch of the Dawson River that flows out of that river upstream from the site of the proposed weir at Barabala and re-enters that river downstream from that site, being weirs of sufficient height to store approximately 48,100,000 cubic metres of water.

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

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

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

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

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.

 

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Overview

The Queensland Grant (Kinchant Dam) Act 1973 was enacted to provide financial assistance to the State of Queensland for the construction of a dam on Sandy Creek near Mount Kinchant. The primary purpose of this Act was to support the State in carrying out a significant infrastructure project that would require substantial investment, including the construction of weirs, access roads, and various other related works. This financial assistance aimed to help Queensland realise its infrastructure goals by alleviating some of the financial burden associated with such large-scale projects. The Act was enacted by the Queen, the Senate, and the House of Representatives of Australia, demonstrating its importance and the broad governmental support it received. The policy objective was to enable the timely and efficient completion of the dam construction, thereby supporting regional development and water management in the area.

Scope and Application

The Queensland Grant (Kinchant Dam) Act 1973 applies to the State of Queensland, specifically for the purpose of providing financial assistance for the construction of a dam on Sandy Creek near Mount Kinchant. This Act authorises the Commonwealth to reimburse the State of Queensland for expenditures incurred in carrying out the works and other activities specified in the Schedule of the Act, with the total financial assistance not exceeding Five hundred and fifty thousand dollars. The Act is operational from the day it receives Royal Assent. The Minister has the authority to modify the description of the work in the Schedule upon request from the State, subject to the conditions outlined in the Act. Additionally, the State's eligibility for financial assistance is contingent upon furnishing the necessary information and approvals, and satisfying the conditions set forth in the Act, such as ensuring the design and construction align with the proposed purposes, and obtaining ministerial approval for contracts exceeding Two hundred thousand dollars. The Act also includes provisions for the Treasurer to make advances to the State and mandates the repayment of overpayments upon demand. The financial assistance is subject to appropriation from the Consolidated Revenue Fund. While the Act primarily targets the State of Queensland for its specified dam construction project, it does not extend beyond this particular project or the State unless modified by subordinate instruments.

Key Provisions

The Queensland Grant (Kinchant Dam) Act 1973 (C2004A00039) primarily provides financial assistance to the State of Queensland for the construction of a dam on Sandy Creek near Mount Kinchant. Under Section 4(1), the Act stipulates that financial assistance will be provided to the State for expenditures incurred after the Act's commencement in executing the works and activities outlined in the Schedule, which includes the construction of weirs, outlet works, access roads, relocation of roads and services, clearing of timber, and establishment of construction camps, among others. Section 4(2) caps the total financial assistance at five hundred and fifty thousand dollars. The Act imposes several obligations on the State of Queensland. According to Section 6, the State must furnish information requested by the Minister regarding the design or construction of the works, ensuring compliance with the purposes proposed by the State. Furthermore, the Minister must be satisfied that the design and construction align with these purposes. If the expenditure under a contract exceeds two hundred thousand dollars, the contract must be approved by the Minister, as per Section 6(c). Section 7 mandates that the State provide detailed statements of expenditure accompanied by a certificate from the Auditor-General of the State, attesting to the legitimacy of the expenditure. Failure to comply with the provisions of the Act can lead to civil and criminal consequences. For instance, if the State fails to furnish required information or does not adhere to the stipulated design and construction purposes, it may be denied financial assistance under Section 6. Additionally, if the State incurs expenditures without meeting the documentation requirements outlined in Section 7, it may also be ineligible for financial assistance. The Act also includes provisions for the repayment of overpayments, as stated in Section 9, which requires the State to repay any excess amounts paid under the Act upon demand by the Treasurer. While the Act does not explicitly detail criminal penalties, breaches of its provisions could potentially lead to financial penalties or other administrative actions as deemed appropriate by the relevant authorities.

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Area of Law
Environmental Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Offence Provisions
Compliance Obligations

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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.