States Grants (Water Resources Assessment) Act 1976

Overview

The States Grants (Water Resources Assessment) Act 1976 was enacted by the Parliament of Australia to address the need for comprehensive assessment of Australia's water resources, both surface and underground, through financial assistance to the states. The Act aims to facilitate the assessment of water resources by providing grants to the states for approved works, equipment, and facilities related to the assessment. This support is intended to ensure that states have the necessary resources to accurately measure and examine water resources, as well as to record and analyse the information derived from such assessments. The policy objective is to enhance the understanding and management of Australia's water resources, ensuring that both current and future needs are met sustainably. The Act outlines the process for states to request approval for specific works and equipment from the Minister, and sets out the conditions under which grants will be paid, subject to the states providing required information and reports. The maximum amounts of grants for specific states are detailed in schedules attached to the Act, with provisions for adjustments by the Parliament for subsequent years. The Act also includes mechanisms for the Treasurer to make advances to states and provisions for the repayment of overpayments, ensuring accountability and proper utilisation of funds.

Scope and Application

The States Grants (Water Resources Assessment) Act 1976 is a Commonwealth Act aimed at providing financial assistance to states for the assessment of their water resources. It applies to the assessment of both surface and underground water resources of the various states within Australia. The Act applies to the years ending on 30 June 1977 and the two succeeding years, during which states can request the Minister to approve specified works, equipment, facilities, or other things related to water resource assessments. To qualify for a grant, a state must provide required information on expenditures to the Treasurer, which must be certified as correct by the state's Auditor-General. The maximum amount of grant is specified for each state in the schedules attached to the Act, and grants are payable if the expenditure exceeds a certain base amount specified in those schedules. The Act also allows for the payment of grants in cases where expenditure is ascertained after the end of the applicable year, and it includes provisions for advances, overpayments, and appropriations for the payment of amounts to states.

Key Provisions

The States Grants (Water Resources Assessment) Act 1976 (sections 1 to 12) primarily focuses on providing financial assistance to the Australian states for the assessment of their water resources. Section 1 identifies the act's short title, while section 2 establishes that the act came into operation on the day it received Royal Assent. Section 3 defines key terms such as 'assessment', which includes the measurement, examination, and recording of water resources. The act applies to specific years as detailed in section 3(2). Section 4 allows states to request approval from the Minister for specified works, equipment, and facilities related to water resource assessment, with deadlines set forth in section 4(2). Sections 5 and 6 detail the conditions under which grants are payable for the assessment of surface and underground water resources, respectively, with maximum amounts specified in Schedules 1 and 2. The act imposes several obligations on the states. For instance, states must request approval for relevant works and equipment from the Minister, as outlined in section 4. They must also provide detailed information on their expenditure to the Treasurer, as specified in sections 5(1) and 6(1), and ensure this information is certified by the Auditor-General, as required by section 8. Furthermore, states are required to submit an annual report to the Minister detailing their assessment activities, as stated in section 9. This report must be submitted by the end of September following the year to which it relates, or within any extended period allowed by the Minister. Breach of the obligations and requirements set forth in this act may lead to civil consequences. For example, if a state fails to submit a required report or provides incorrect information, it may not be entitled to financial assistance under sections 5 or 6. Additionally, if a state receives an advance or payment under this act and subsequently owes a repayable amount to the Commonwealth, it must repay that amount upon demand by the Treasurer, as outlined in section 11. Failure to do so may result in further financial repercussions. While the act does not explicitly state criminal penalties for violations, the seriousness of non-compliance could potentially lead to legal actions under other applicable laws.