States Grants (Nature Conservation) Act 1974

Legislation au C2004A00207 Not in force Act

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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.

 

Overview

The States Grants (Nature Conservation) Act 1974 was enacted to provide financial assistance to the states for nature conservation purposes. The Act was enacted by the Parliament of Australia and aims to support state-level efforts in land acquisition for nature conservation through financial grants. The Act allows the Minister to enter into agreements with state ministers for land acquisition programs and financial assistance. Payments to states are contingent on the land being reserved for conservation, proper expenditure certification, and compliance with the approved programs. The Act also mandates the provision of information and transparency through the tabling of agreements in Parliament, ensuring that funds are used appropriately and effectively for nature conservation initiatives across the states.

Scope and Application

The States Grants (Nature Conservation) Act 1974 applies to the financial assistance provided by the Commonwealth to the Australian states for nature conservation purposes. The Act applies to states, approved authorities within each state, and any programs of land acquisition agreed upon for nature conservation. Financial assistance is granted to states in accordance with approved programs and must be used for specific purposes outlined in the agreements between the Commonwealth and the states. The Act's jurisdiction extends to the Commonwealth level, with the Minister responsible for entering into agreements with the states. The Act does not specify exclusions or thresholds, but rather outlines the conditions under which financial assistance is provided, such as the requirement for land to be reserved for nature conservation purposes and for expenditure to be incurred in accordance with an approved program. The Act also allows for advances to be made to states and for the states to pass on the financial assistance to approved authorities. Information regarding the expenditure and programs must be provided to the Minister and agreements must be tabled in Parliament. The Act is subject to appropriations by the Parliament and requires states to provide information as requested by the Minister.

Key Provisions

The States Grants (Nature Conservation) Act 1974 (Act) primarily focuses on the provision of financial assistance to states for nature conservation purposes. The key operative sections are sections 4, 5, 6, 7, and 11. Section 4(1) allows the Minister to agree with an appropriate Minister of a State on programs of land acquisition and the financial assistance to be provided. Section 5 stipulates that where moneys have been expended by a State in accordance with an approved program, the State is entitled to financial assistance in respect of that expenditure. Section 6(1) states that payments or advances to a State are subject to the conditions provided for by the Act and any other conditions specified in the agreement. Section 7 sets out the requirements for a State to be entitled to a payment under section 5, which includes the land being reserved, dedicated, or secured for the specified purposes, and the State providing a statement of expenditure and a certificate by the Auditor-General. Section 11 requires the Minister to table a copy of every agreement made under this Act in Parliament within 15 sitting days. The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, the Minister must agree with an appropriate Minister of a State on programs of land acquisition and financial assistance (section 4). Secondly, a State must reserve, dedicate, or secure land for the specified purposes and provide a statement of expenditure accompanied by a certificate from the Auditor-General (section 7). Thirdly, a State must provide information to the Minister as required in relation to the carrying out of an approved program (section 10). Lastly, the Minister must table a copy of every agreement in Parliament (section 11). The Act also outlines offences, penalties, or civil/criminal consequences for breach, although specific maximum penalties are not stated in the text. Section 8(2) provides that if the total amount of payments and advances made to a State exceeds the total amount that has become payable to that State, the excess amount shall be repaid to Australia upon request by the Treasurer. Additionally, section 11 imposes a requirement for the Minister to table agreements in Parliament, which may have implications if not complied with. However, the Act does not explicitly state any criminal or civil penalties for breaches of its provisions.

Legal classification tags

Area of Law
Environmental Law
Instrument
Act
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Financial Assistance
Conditions of Payments
Agreements with State Ministers

Interactions

Authorises

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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.