Queensland Grant (Maraboon Dam) Act 1968

Legislation au C1968A00035 Not in force Act

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Queensland Grant (Maraboon Dam)

No. 35 of 1968

An Act to grant Financial Assistance to the State of Queensland in connexion with the construction of a Dam on the Nogoa River near Emerald in that State.

[Assented to 13 June 1968]

BE it enacted by the Queens 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 Queensland Grant (Maraboon Dam) Act 1968.

Commencement.

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

Interpretation.

3.—(1.) In this Act, the State means the State of Queensland.

(2.) A reference in this Act to the construction of the Maraboon Dam shall be read as a reference to the carrying out of the works and the doing of the other things referred to in the Schedule to this Act.

Grant of financial assistance.

4.—(1.) Subject to this Act, there are payable to the State, by way of financial assistance amounts equal to the amounts expended by the State on or after the twenty-first day of December, One thousand nine hundred and sixty-seven, on the construction of the Maraboon Dam.

(2.) The amounts payable to the State under this Act shall not exceed, in the aggregate, Twenty million dollars.

Power of Minister to vary description of work.

5. Where the State so requests, the Minister may from time to time, by instrument in writing, direct that this Act shall have effect in relation to a work referred to in the Schedule to this Act as if the description in that Schedule of that work were varied in such manner as is specified in the instrument.

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 dam referred to in the Schedule to this Act.

Provision relating to carrying out of works.

7. The State is not entitled to financial assistance under this Act in relation to expenditure by the State, whether incurred before or after the commencement of this Act, 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 Five hundred thousand dollarsunless 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 a form approved by the Treasurer, accompanied by a certificate of the Auditor-General of the State certifying that the expenditure shown in the statement was incurred on the construction of the Maraboon Dam; 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 the Commonwealth, 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 of this Act.

Appropriation.

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

THE SCHEDULE Section 3(2.)

MATTERS IN RESPECT OF WHICH FINANCIAL ASSISTANCE IS GRANTED

1. The construction of a dam on the Nogoa River about twelve miles upstream from Emerald, being a dam of a height sufficient to store approximately 1,170,000 acre-feet of water.

2. The construction of auxiliary embankments and of spillway and outlet works.

3. The construction of access roads to the dam and to the spillway and outlet works.

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

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

6. 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.

7. 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 (Maraboon Dam) Act 1968 was enacted by the Parliament of Australia to address the need for financial assistance to the State of Queensland for the construction of the Maraboon Dam on the Nogoa River near Emerald. This Act provides a framework for the Commonwealth to grant financial aid to the state for this significant infrastructure project, aiming to support the development of water storage and irrigation facilities essential for regional agriculture and water supply. The legislation sets forth conditions and limits on the financial assistance provided, including requirements for the state to make reasonable progress in related irrigation works and to furnish detailed expenditure information to the Commonwealth. The overarching policy objective of the Act is to facilitate the construction of the Maraboon Dam through financial support, while ensuring that the funds are used effectively and in accordance with the agreed-upon project specifications and purposes.

Scope and Application

The Queensland Grant (Maraboon Dam) Act 1968 is a Commonwealth statute that provides financial assistance to the State of Queensland for the construction of the Maraboon Dam on the Nogoa River near Emerald. The Act applies specifically to the State of Queensland and the construction works of the Maraboon Dam as outlined in the Schedule. The financial assistance is limited to a maximum of twenty million dollars, payable for expenses incurred on or after 21 December 1967. The Act requires the State to demonstrate reasonable progress in related irrigation and other works to be eligible for the assistance. It also mandates the provision of detailed information to the Minister and the Treasurer regarding the design, construction, and expenditure on the project. The Minister has the authority to vary the description of the works and ensure compliance with the project’s objectives. Additionally, the Treasurer can make advances to the State and recover any overpayments made. The Act is appropriated out of the Consolidated Revenue Fund of the Commonwealth.

Key Provisions

The Queensland Grant (Maraboon Dam) Act 1968 (sections 4 and 11) provides for financial assistance to the State of Queensland for the construction of the Maraboon Dam, specifically a dam on the Nogoa River near Emerald. The assistance is subject to the State meeting certain conditions, including the furnishing of required information and the approval of the Minister regarding the design and construction of the dam. The financial assistance is limited to an aggregate of twenty million dollars (section 4). The Act also allows the Minister to alter the description of the work as specified in the Schedule if the State requests it (section 5). Furthermore, the State must demonstrate reasonable progress in carrying out irrigation and other works to be eligible for assistance (section 6). The Act imposes several obligations on the State. Firstly, the State must furnish information to the Treasurer regarding its expenditure on the construction of the Maraboon Dam, including a statement approved by the Treasurer and a certificate from the Auditor-General (section 8). Secondly, the State must ensure that it has provided all requested information to the Minister concerning the design or construction of the works (section 7(a)). Thirdly, the Minister must be satisfied that the design and construction of the works are in accordance with the proposed purposes (section 7(b)). Additionally, any contracts for expenditure exceeding five hundred thousand dollars must be approved by the Minister (section 7(c)). The Act provides for potential civil consequences for non-compliance with its requirements. If the State does not meet the stipulated conditions for receiving financial assistance, it will not be entitled to such assistance (section 7). Moreover, if the State is overpaid under the Act, it is obligated to repay the excess amount to the Commonwealth on demand by the Treasurer (section 10). There are no explicit criminal penalties mentioned in the Act, but the financial repercussions of failing to comply with the Act's conditions can be significant, potentially affecting the State's ability to secure necessary funding for the project.

Legal classification tags

Area of Law
Environmental Law
Property Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Enforcement Powers
Financial Assistance
Overpayments

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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.