South Australia Grant (Lock to Kimba Pipeline) Act 1973

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South Australia Grant (Lock to Kimba Pipeline) Act 1973

 

No. 75 of 1973

 

 

AN ACT

To grant Financial Assistance to the State of South Australia in connexion with the Construction of a Pipeline from Lock to Kimba and of certain Associated Works.

[Assented to 19 June 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 South Australia Grant (Lock to Kimba Pipeline) Act 1973.

Commencement.

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

Interpretation.

3. (1) In this Act—

“carrying out” includes construction;

“State” means the State of South Australia.

(2) In sections 4, 5, 6 and 7, “works” means the works and other matters referred to in the Schedule.


Grant of financial assistance.

4. (1) Subject to this Act, there are payable to the State, by way of financial assistance, amounts equal to two-thirds of the amounts expended by the State on or after 7th November, 1972, in carrying out the works.

(2) The amounts paid to the State under this Act shall not exceed, in the aggregate, Two million one hundred thousand dollars.

Minister may 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 have effect in relation to a work as if the description in the Schedule of that work were varied in such manner as is specified in the instrument.

Provision relating to carrying out of works.

6. 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 supply information in relation to the design or construction of the work—unless the State has duly supplied 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 (being a contract entered into after the commencement of this Act) providing for the expenditure of more than Five hundred thousand dollars—unless the contract was entered into with the approval of the Minister.

Information to be submitted 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 submitted 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 the expenditure shown in the statement was incurred in carrying out works; 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 to the State of such amounts as he thinks fit on account of an amount that may become payable under this Act to the State.

Overpayments.

9. Payment to the State under this Act of an 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.


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  Sections 3 and 5

MATTERS IN RESPECT OF WHICH FINANCIAL ASSISTANCE IS GRANTED

1. In this Schedule, “paragraph” means a paragraph of this Schedule.

2. The construction of such works as are required to complete the pipeline to carry water from Lock to Kimba, including the construction or the completion of the construction of such storage tanks, pumping stations and other works as are necessary for the further development and utilization of the Polda underground basin.

3. The construction of branch mains, storages and pumping stations to carry water from the pipeline referred to in paragraph 2 for supply to rural holdings and settlements in any of the following Hundreds in the State:—

Boonerdo

Jamieson

Pascoe

Campoona

Kelly

Pinkawillinie

Caralue

Koongawa

Rudall

Cootra

McLachlan

Smeaton

Cortlinye

Mosely

Solomon

Darke

Palkagee

Yadnarie

Hambidge

Panitya

 

4. The construction of works for water reticulation in the towns of Lock, Konanda, Darke Peake, Caralue, Wadikeers and Kimba.

5. The carrying out of works incidental to any of the works or other matters referred to in paragraphs 2, 3 and 4.

6. The acquisition of land required for the carrying out of any of the works or other matters referred to in paragraphs 2, 3, 4 and 5 and the payment of compensation in respect of land affected by any of those works or matters.

 

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Overview

The South Australia Grant (Lock to Kimba Pipeline) Act 1973 was enacted to provide financial assistance to the State of South Australia for the construction of a pipeline from Lock to Kimba and associated works. This Act, assented to on 19 June 1973, was introduced by the Queen, the Senate and the House of Representatives of Australia, and it aims to support the development of infrastructure necessary for water supply in the region. The Act allows for the payment of two-thirds of the costs incurred by the State, with a maximum aggregate payment of Two million one hundred thousand dollars. It outlines conditions for financial assistance, such as the necessity for the State to supply relevant information and the Minister's approval of contracts exceeding Five hundred thousand dollars. Additionally, the Act mandates the submission of expenditure statements and requires the repayment of overpayments by the State to the Commonwealth.

Scope and Application

The South Australia Grant (Lock to Kimba Pipeline) Act 1973 applies to the State of South Australia, specifically in relation to the construction of a pipeline from Lock to Kimba and certain associated works, as detailed in the Schedule. The Act provides financial assistance to the State for these works, up to a total of Two million one hundred thousand dollars. The Act allows the Minister to vary the description of the works if requested by the State, and the State is required to provide information and certification regarding the expenditure of funds, with approval from the Minister for contracts exceeding Five hundred thousand dollars. Financial assistance is contingent on the submission of specific documentation and compliance with the Act's requirements. The Treasurer can make advances to the State, and any overpayments must be repaid to the Commonwealth. The Act extends to the Commonwealth jurisdiction and is applicable from the date of Royal Assent.

Key Provisions

The South Australia Grant (Lock to Kimba Pipeline) Act 1973 (sections 4 and 6) provides for financial assistance to the State of South Australia for the construction of a pipeline from Lock to Kimba, including associated works such as storage tanks, pumping stations, and water reticulation. The assistance is limited to two-thirds of the amounts expended by the State on or after 7th November 1972 (section 4(1)), with a cap of Two million one hundred thousand dollars (section 4(2)). The State must submit information regarding the design and construction of the works, and the Minister must approve the expenditure if it exceeds Five hundred thousand dollars (section 6(a), (b) and (c)). The Act imposes several obligations on the State of South Australia. These include providing information regarding the design and construction of the works, ensuring that the works are in accordance with the purposes proposed by the State, and obtaining approval from the Minister for contracts exceeding Five hundred thousand dollars (section 6). The State must also submit statements of expenditure, certified by the Auditor-General, and any further information required by the Treasurer (section 7). Additionally, the State is required to repay any overpayments made under the Act (section 9). The Act outlines several consequences for non-compliance. Firstly, if the State fails to supply information as requested by the Minister or if the Minister is not satisfied with the design and construction of the works, the State will not be entitled to financial assistance (section 6). Secondly, if the State incurs expenditure under a contract exceeding Five hundred thousand dollars without approval from the Minister, the State will not be entitled to financial assistance (section 6(c)). Thirdly, if the State fails to submit the required statements of expenditure and other information, the State will not be entitled to financial assistance (section 7). Lastly, if the State fails to repay any overpayments made under the Act, the Commonwealth may take legal action to recover the amount owed (section 9). However, the Act does not specify any criminal penalties for breaches of its provisions.

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Environmental Law
Instrument
Act
Concepts
Commencement Provisions
Reporting & Disclosure 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.