STATES GRANTS (NATURE CONSERVATION)
ACT 1974
No. 151 of 1974
An Act to provide Financial Assistance to the States for Purposes connected with Nature Conservation.
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 States Grants (Nature Conservation) Act 1974.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Definitions.
3. In this Act, unless the contrary intention appears—
“appropriate Minister”, in relation to a State, means a Minister of the Crown of that State having functions relating to nature conservation, including any other Minister of the Crown of that State for the time being acting for and on behalf of such a Minister;
“approved authority”, in relation to a State, means an authority of that State approved by the Minister;
“approved program” means a program agreed upon in accordance with paragraph 4(1)(a).
Agreements with State Ministers.
4. (1) The Minister may, on behalf of Australia—
(a) agree with an appropriate Minister of a State, upon programs of land acquisition by that State or an approved authority of that State for purposes connected with nature conservation; and
(b) agree with that Minister upon the financial assistance to be provided under this Act in respect of expenditure by that State or an approved authority of that State under any such program.
(2) An agreement under sub-section (1) shall be in writing.
(3) An agreement under paragraph (1)(a) shall clearly identify the land to be acquired and specify the purposes connected with nature conservation for which the land is proposed to be acquired.
Financial assistance to States.
5. Subject to this Act, where, in accordance with an approved program, moneys have been expended by a State or by an approved authority of a State, there is payable to that State, by way of financial assistance in respect of that expenditure, an amount or amounts determined as agreed in accordance with paragraph 4(1)(b).
Conditions of payments under this Act.
6. (1) A payment or advance to a State under this Act is subject to—
(a) such of the conditions provided for by this Act as are applicable; and
(b) such other conditions, including conditions relating generally to nature conservation in the State, as are specified in the agreement in accordance with which the payment or advance is made.
(2) For the purposes of paragraph (1)(a), such of the provisions of this Act as are applicable to a State shall be regarded as conditions.
Expenditure to be for approved purposes.
7. A State is not entitled to a payment under section 5 in respect of any expenditure unless—
(a) the land in respect of which the expenditure has been incurred has been reserved, dedicated or otherwise secured for the purposes specified in relation to the land under sub-section 4(3);
(b) the State has provided the Treasurer with a statement of the expenditure, in accordance with a form approved by the Treasurer, accompanied by a certificate by the Auditor-General of the State certifying that, in his opinion, the expenditure was incurred in accordance with the relevant approved program; and
(c) the State has provided the Treasurer with such further information, if any, in respect of the expenditure as the Treasurer requires.
Advances.
8. (1) The Treasurer may, at such times and in such amounts as he thinks fit, make advances on account of payments that may become payable under section 5.
(2) If, at any time, the total amount of the payments under section 5, and the advances under this section, made to a State exceeds the total amount that has become payable under section 5 to that State, the amount of the excess shall, upon request being made by the Treasurer, be repaid by the State to Australia.
(3) A State shall provide the Treasurer with such documents and other evidence to justify the making of an advance to the State under this section as he requests, whether the request is made before or after the relevant advance is made.
Moneys payable to approved authorities.
9. Where a payment or advance has been made to a State under this Act in respect of expenditure incurred by an approved authority, the State shall pay the amount of that payment or advance to that approved authority.
Provision of information.
10. A State shall, at the request of the Minister, provide him with such information as he requires in relation to the carrying out of an approved program.
Agreements to be tabled in Parliament.
11. The Minister shall cause a copy of every agreement made under this Act, including every amending agreement, to be laid before each House of the Parliament within 15 sitting days of that House after the date on which the agreement was made.
Moneys to be appropriated.
12. Payments and advances to the States under this Act shall be made out of moneys available under an appropriation by the Parliament.