States Grants (Water Resources) Act 1964

Legislation au C1964A00127 Not in force Act

Legislation content

STATES GRANTS (WATER RESOURCES).

 

No. 127 of 1964.

An Act to grant Financial Assistance to the States in connexion with the Measurement and Investigation of their Water Resources.

[Assented to 24th November, 1964.]

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 States Grants (Water Resources) Act 1964.

Commencement.

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

Interpretation.

3.—(1.) In this Act, unless the contrary intention appears—

capital expenditure means expenditure, not being operational expenditure, incurred in—

(a) the construction of works; or

(b) the provision of equipment or facilities,

approved by the Minister under section eight of this Act or in connexion with the doing of things so approved;

discharge, in relation to a river in a State, means the volume of water that flows past a point or place in the course of the river during an interval of time;

measurement includes the recording, arrangement, analysis or publication of information obtained by measurement;


operational expenditure means—

(a) in relation to the measurement of the discharge of the rivers in a State, expenditure incurred in the operation and maintenance of works, equipment, facilities or things used in connexion with that measurement, whether approved by the Minister under section eight of this Act or not; and

(b) in relation to the investigation and measurement of underground water resources of a State, expenditure incurred in the operation and maintenance of works, equipment, facilities or things used in connexion with that investigation and measurement, whether approved by the Minister under section eight of this Act or not;

river means a surface river and includes any surface watercourse.

(2.) For the purposes of this Act, each of the following years is a year to which this Act applies:—

(a) the year ending on the thirtieth day of June, One thousand nine hundred and sixty-five; and

(b) each of the next two succeeding years.

Grants in respect of capital expenditure in connexion with measurement of discharge of rivers.

4. Where—

(a) a State furnishes to the Treasurer such information as he requires with respect to the amount of capital expenditure by the State during a year to which this Act applies in connexion with the measurement of the discharge of the rivers in the State; and

(b) the Treasurer is satisfied that the amount so expended by the State exceeds the amount specified opposite to the name of that State in the second column of the First Schedule to this Act,

there is payable to the State in respect of that year for the purpose of financial assistance—

(c) the amount that is appropriate to that year, being the amount specified opposite to the name of that State in the third, fourth or fifth column of that Schedule;

(d) the amount of that excess; or

(e) the amount that bears to the amount of that expenditure the same proportion as the number specified opposite to the name of that State in the sixth column of that Schedule bears to one hundred,

whichever is the least.

Grants in respect of operational expenditure in connexion with measurement of discharge of rivers.

5. Where—

(a) a State furnishes to the Treasurer such information as he requires with respect to the amount of operational expenditure by the State during a year to which this


Act applies in connexion with the measurement of the discharge of the rivers in the State; and

(b) the Treasurer is satisfied that the amount so expended by the State exceeds the amount specified opposite to the name of that State in the second column of the Second Schedule to this Act,

there is payable to the State in respect of that year for the purpose of financial assistance—

(c) the amount that is appropriate to that year, being the amount specified opposite to the name of that State in the third, fourth or fifth column of that Schedule;

(d) the amount of that excess; or

(e) the amount that bears to the amount of that expenditure the same proportion as the number that is appropriate to that year, being the number specified opposite to the name of that State in the sixth, seventh or eighth column of that Schedule, bears to one hundred,

whichever is the least.

Grants in respect of expenditure on underground water investigation.

6. Where—

(a) a State furnishes to the Treasurer such information as he requires with respect to the amount of the total of the capital expenditure and operational expenditure by the State during a year to which this Act applies in connexion with the investigation and measurement of underground water resources of the State; and

(b) the Treasurer is satisfied that the amount so expended by the State exceeds the amount specified opposite to the name of that State in the second column of the Third Schedule to this Act,

there is payable to the State in respect of that year for the purpose of financial assistance—

(c) the amount that is appropriate to that year, being the amount specified opposite to the name of that State in the third, fourth or fifth column of that Schedule; or

(d) two-thirds of the amount of that excess,

whichever is the less.

Information to be verified.

7. Information furnished by a State as mentioned in paragraph (a) of each of the last three preceding sections shall not be accepted for the purposes of this Act unless it is certified to be correct by the Auditor-General of the State.


Approval of works.

8. For the purposes of this Act, a State may, before or during a year to which this Act applies, request the Minister to approve, in relation to that year, specified works, equipment, facilities or things in connexion with—

(a) the measurement of the discharge of the rivers in the State; or

(b) the investigation and measurement of the underground water resources of the State,

and the Minister may approve such a work, item of equipment, facility or thing in relation to that year.

Information to be furnished by States.

9.—(1.) A State is not entitled to financial assistance under this Act in respect of a year to which this Act applies unless the State has furnished to the Minister in relation to the period of six months preceding the first day of November, and in relation to the period of six months preceding the first day of May, in that year a report, to the satisfaction of the Minister, setting out particulars of the works, equipment, facilities and things in connexion with—

(a) the measurement of the discharge of the rivers in the State; and

(b) the investigation and measurement of underground water resources of the State,

carried out, provided or done by the State during that period.

(2.) A report referred to in the last preceding sub-section shall not be accepted for the purposes of this Act unless it is received by the Minister—

(a) not later than a date specified by him, being a date—

(i) after the first day of November in respect of a report to be furnished in relation to the period of six months preceding that date; and

(ii) after the first day of May in respect of a report to be furnished in relation to the period of six months preceding that date; or

(b) within such further time as the Minister, before or after the date so specified, allows.

Advances.

10. The Treasurer may, at such times as he thinks fit, make advances of such amounts as he thinks fit to a State on account of an amount that may become payable under this Act to the State.

Overpayments.

11. Payment to a State under this Act of any amount (including an advance made under the last preceding section) 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 any such advances) paid to the State under this Act exceeds the total of the amounts that have become payable to the State under sections four, five and six of this Act.

Appropriation.

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

 

THE SCHEDULES.

───

FIRST SCHEDULE. Section 4.

Capital Expenditure—Measurement of Discharge of Rivers.

First Column.

Second Column.

Third Column.

Fourth Column.

Fifth Column.

Sixth Column.

Name of State.

Base amount of expenditure.

Maximum amount of grant for year ending—

Number specified for the purposes of paragraph (e) of section 4.

30th June, 1965.

30th June,1966.

30th June, 1967.

 

£

£

£

£

 

New South Wales....

30,700

31,500

31,500

31,500

50

Victoria..........

23,500

5,000

5,000

5,000

18

Queensland........

40,000

80,000

80,000

80,000

50

South Australia.....

3,650

6,825

6,825

6,825

50

Western Australia....

34,000

36,000

40,000

45,000

50

Tasmania.........

5,250

2,100

2,100

2,100

29

SECOND SCHEDULE. Section 5.

Operational Expenditure—Measurement of Discharge of Rivers.

First Column.

Second Column.

Third Column.

Fourth Column.

Fifth Column.

Sixth Column.

Seventh Column.

Eighth Column.

Name of State.

Base amount of expenditure.

Maximum amount of grant for year ending—

Number specified for the purposes of paragraph (e) of section 5 for year ending—

30th June, 1965.

30th June, 1966.

30th June, 1967.

30th June, 1965.

30th June, 1966.

30th June 1967.

 

£

£

£

£

 

 

 

New South Wales..

119,000

10,000

20,000

30,000

8

15

21

Victoria........

76,000

2,000

4,000

6,000

3

5

8

Queensland......

50,000

25,000

50,000

62.500

34

50

50

South Australia....

1,600

1

1,400

2,250

0

47

50

Western Australia..

54.000

3,000

16,000

31,000

6

23

37

Tasmania.......

39,500

500

2,350

4,200

2

6

10


THIRD SCHEDULE.  Section 6.

Expenditure on Underground Water Resources.

First Column.

Second Column.

Third Column.

Fourth Column.

Fifth Column.

 

 

Maximum amount of grant for year ending—

Name of State.

Base amount of expenditure.

30th June, 1965.

30th June, 1966.

30th June, 1967.

 

£

£

£

£

New South Wales

68,000

60,000

48,750

43,750

Victoria................

189,500

37,920

30,810

27,650

Queensland.............

90,000

50,160

40,755

36,575

South Australia...........

41,000

29,760

24,180

21,700

Western Australia

130,000

56,640

46,020

41,300

Tasmania...............

7,500

5,520

4,485

4,025

 

Overview

The States Grants (Water Resources) Act 1964 was enacted by the Commonwealth Parliament to provide financial assistance to the Australian states for the measurement and investigation of their water resources. The Act was introduced to address the need for coordinated and funded efforts to measure and investigate water resources across the states, essential for effective water management and policy-making. The policy objective of the Act was to support state-level initiatives in water resource measurement and investigation through financial grants, thereby aiding in the sustainable management of water resources nationally. The Act stipulates that financial assistance is contingent upon states providing verified expenditure information and reports on their water resource activities to the Commonwealth Treasurer, ensuring transparency and accountability in the use of grants.

Scope and Application

The States Grants (Water Resources) Act 1964 applies to the states and territories of Australia, specifically targeting those that provide information on capital and operational expenditures related to the measurement of river discharge and the investigation of underground water resources. The Act is designed to provide financial assistance to the states for such expenditures over the specified years of 1965 to 1967. The Commonwealth, through the Treasurer, is empowered to make grants to states that incur specified levels of expenditure on these activities, subject to the conditions set out in the Act. Each state must furnish information on their expenditures, which must be certified by the state's Auditor-General, to be eligible for the grants. The Act also allows for the approval of specific works, equipment, facilities, or things related to water resource measurement and investigation by the Minister, and requires states to submit reports on their activities to the Minister. The Act does not explicitly state exclusions or exemptions, but the grants are contingent on the state's expenditure exceeding specified thresholds. The Act's application can be extended or restricted through subordinate instruments, although such instruments are not detailed in the text.

Key Provisions

The States Grants (Water Resources) Act 1964 (the Act) provides financial assistance to the states for capital and operational expenditure related to the measurement and investigation of water resources, specifically rivers and underground water resources. Under Section 4, financial assistance is provided for capital expenditure related to the measurement of river discharges, while Section 5 covers operational expenditure for the same purpose. Section 6 extends financial assistance to cover expenditure on the investigation and measurement of underground water resources. The assistance is conditional upon states providing specific information on their expenditures and having it certified by their respective Auditor-General, as outlined in Section 7. States must also submit reports on their activities related to water resources, as stipulated in Section 9. The Act imposes several obligations on the states. States must furnish detailed information to the Treasurer regarding their capital and operational expenditures related to water resource measurement and investigation (Sections 4, 5, and 6). This information must be certified by the state’s Auditor-General to be accurate (Section 7). Additionally, states must submit semi-annual reports to the Minister detailing their activities, equipment, facilities, and works undertaken in connection with the measurement of river discharges and the investigation of underground water resources (Section 9). States also have the option to request approval from the Minister for specific works, equipment, facilities, or things related to these activities (Section 8). Breaches of the Act's provisions may result in civil consequences. For example, if a state fails to provide accurate information or certified reports, they may not be entitled to the financial assistance outlined in the Act. Furthermore, overpayments made to a state under the Act are subject to repayment to the Commonwealth if the state has not met its obligations (Section 11). While the Act does not explicitly detail criminal penalties for non-compliance, failure to adhere to the Act's requirements could potentially lead to financial losses for the state in terms of the financial assistance they would otherwise receive.

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Finance & Banking Law
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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.