STATES GRANTS (WATER RESOURCES ASSESSMENT) ACT 1976
No. 171 of 1976
An Act to grant Financial Assistance to the States in connexion with the Assessment of their Water Resources.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the States Grants (Water Resources Assessment) Act 1976.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Interpretation.
3. (1) In this Act, “assessment”, in relation to any water resources, means—
(a) the measurement of the rate of flow, or the quantity and changes in the quantity, of those resources;
(b) the examination of the quality of those resources; and
(c) the recording, arrangement, analysis or publication of information arising from any such measurement or examination.
(2) For the purposes of this Act, the following years are years to which this Act applies:—
(a) the year ending on 30 June 1977; and
(b) each of the next 2 succeeding years.
Approval of works, &c.
4. (1) For the purposes of this Act, a State may request the Minister to approve, in relation to a year to which this Act applies, specified works, items of equipment, facilities or things in connexion with the assessment of the surface water resources, or of the underground water resources, of the State and, where such a request is duly made, the Minister may approve, in relation to the year to which the request relates, all or any of the works, items of equipment, facilities or things specified in the request.
(2) A request under sub-section (1) shall be made—
(a) on or before—
(i) in the case of a request that relates to the year ending on 30 June 1977—31 December 1976; or
(ii) in the case of a request that relates to any other year to which this Act applies—the last day of the immediately preceding year; or
(b) within such further time as the Minister, before or after the relevant day specified in paragraph (a), allows, but not in any event later than the last day of the year to which the request relates.
Grants for assessment of surface water resources.
5. (1) Where—
(a) a State furnishes the Treasurer with such information as he requires with respect to the expenditure incurred by the State during a year to which this Act applies in connexion with the works, items of equipment, facilities and things approved under section 4 in relation to that year in connexion with the assessment of the surface water resources of the State; and
(b) the expenditure that the Treasurer is satisfied has been so incurred by the State exceeds the amount specified opposite to the name of the State in column 2 of Schedule 1,
there is payable to the State in respect of that year for the purpose of financial assistance—
(c) the maximum amount of grant in respect of the State in respect of that year;
(d) the amount of that excess; or
(e) the amount equal to one-half of the expenditure referred to in paragraph (b),
whichever is the least.
(2) For the purposes of sub-section (1), the maximum amount of grant in respect of a State in respect of a year is—
(a) in the case of the year ending on 30 June 1977—the amount specified opposite to the name of the State in column 3 of Schedule 1; and
(b) in the case of any other year—such amount as is appropriated by the Parliament for the purposes of this section in respect of the State in respect of that year.
Grants for assessment of underground water resources.
6. (1) Where—
(a) a State furnishes the Treasurer with such information as he requires with respect to the expenditure incurred by the State during a year to which this Act applies in connexion with the works, items of equipment, facilities and things approved under section 4 in relation to that year in connexion with the assessment of the underground water resources of the State; and
(b) the expenditure that the Treasurer is satisfied has been so incurred by the State exceeds the amount specified opposite to the name of the State in column 2 of Schedule 2,
there is payable to the State in respect of that year for the purpose of financial assistance—
(c) the maximum amount of grant in respect of that State in respect of that year;
(d) the amount of that excess; or
(e) an amount equal to one-half of the expenditure referred to in paragraph (b),
whichever is the least.
(2) For the purposes of sub-section (1), the maximum amount of grant in respect of a State in respect of a year is—
(a) in the case of the year ending on 30 June 1977—the amount specified opposite to the name of the State in column 3 of Schedule 2; and
(b) in the case of any other year—such amount as is appropriated by the Parliament for the purposes of this section in respect of the State in respect of that year.
Grants in respect of amounts of expenditure ascertained after end of year to which this Act applies.
7. Where—
(a) an appropriation of an amount has been made by the Parliament for the purposes of section 5 or 6 in respect of a State in respect of a year to which this Act applies; and
(b) but for the lapsing of that appropriation, an amount would have been payable to the State under that section in respect of that year after the end of that year,
there is payable to the State in respect of that year for the purpose of financial assistance an amount equal to that last-mentioned amount.
Information to be verified.
8. Information mentioned in paragraph 5(1)(a) or 6(1)(a) shall not be accepted for the purposes of this Act unless the Auditor-General of the State concerned certifies that in his opinion it is correct.
Information to be submitted 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 duly submitted to the Minister a report in relation to that year, to the satisfaction of the Minister, setting out particulars of the works carried out, the items of equipment and facilities provided, and the things done, by the State during that year in connexion with the assessment of the surface water resources, and of the underground water resources, of the State.
(2) A report referred to in sub-section (1) is not duly submitted for the purposes of this Act unless it is received by the Minister—
(a) not later than the last day of September next succeeding the end of the year to which the report relates; or
(b) within such further time as the Minister, before or after the day specified in paragraph (a), 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 an amount (including an advance made under section 10) 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 5, 6 and 7.
Appropriation.
12. The Consolidated Revenue Fund is, by this Act, appropriated for the purposes of the payment of amounts to a State under this Act, being amounts for which moneys are not otherwise appropriated.
SCHEDULE 1 Section 5
ASSESSMENT OF SURFACE WATER RESOURCES
Column 1 | Column 2 | Column 3 |
Name of State | Base amount of expenditure | Maximum amount of grant for year ending 30 June 1977 |
| $ | $ |
New South Wales............................... | 667,500 | 897,000 |
Victoria...................................... | 275,000 | 478,000 |
Queensland................................... | 420,000 | 520,550 |
South Australia................................. | 94,000 | 349,000 |
West Australia................................. | 524,850 | 855,000 |
Tasmania..................................... | 102,500 | 166,000 |
SCHEDULE 2 Section 6
ASSESSMENT OF UNDERGROUND WATER RESOURCES
Column 1 | Column 2 | Column 3 |
Name of State | Base amount of expenditure | Maximum amount |
| $ | $ |
New South Wales............................... | 622,000 | 733,000 |
Victoria...................................... | 487,500 | 658,000 |
Queensland................................... | 350,000 | 431,450 |
South Australia................................. | 276,500 | 378,000 |
West Australia................................. | 775,000 | 1,145,000 |
Tasmania..................................... | 32,500 | 47,000 |