States Grants (Water Resources Measurement) Act 1970

Administered by Department of the Environment and Energy

Legislation au C1970A00108 Not in force Act

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States Grants (Water Resources Measurement)

No. 108 of 1970

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

[Assented to 11 November 1970]

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 Measurement) Act 1970.

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—

approved expenditure means expenditure in connexion with the measurement of discharge of rivers, or the investigation and measurement of underground water resources, being expenditure approved by the Minister under section 7 of this Act;

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;


river means a surface river and includes any surface watercourse;

Schedule means Schedule to this Act.

(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 seventy-one; and

(b) each of the next two succeeding years.

Grants in respect of 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 approved expenditure incurred by the State during a year to which this Act applies in connexion with the measurement of the discharge of the rivers of the State; and

(b) the amount of expenditure that the Treasurer is satisfied has been so incurred by the State exceeds the amount specified opposite to the name of that State in the second column of the First Schedule,

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

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

(d) the amount of that excess; or

(e) an amount equal to one-half of the amount of that expenditure,

whichever is the least.

Grants in respect of expenditure on underground water investigation.

5. Where—

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

(b) the amount of expenditure that the Treasurer is satisfied has been so incurred by that State exceeds the amount specified opposite to the name of that State in the second column of the Second Schedule,

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

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

(d) the amount of that excess; or

(e) an amount equal to one-half of the amount of that expenditure,

whichever is the least.


Information to be verified.

6. Information furnished by a State as mentioned in paragraph (a) of each of the last two 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 expenditure.

7. 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, expenditure 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,

that the State has incurred or proposes to incur during that year, and the Minister may approve any such expenditure in relation to that year.

Information to be furnished by States.

8.—(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 furnished to the Minister a report in relation to the first six months of that year and a report in relation to the whole of that year, to the satisfaction of the Minister, setting out particulars of the works carried out, the facilities provided, and the things done, by the State during that period 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.

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

(a) not later than—

(i) in the case of the report in relation to the first six months of a year—the last day of February in that year; or

(ii) in the case of the report in relation to the whole of a yearthe last day of August next succeeding the end of that year; or

(b) within such further time as the Minister, before or after the relevant date specified in the last preceding paragraph, allows.

Advances.

9. 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.

10. 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 4 and 5 of this Act.


Appropriation.

11. 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.

Measurement of Discharge of Rivers

First Column

Second Column

Third Column

Fourth Column

Fifth Column

 

 

Maximum amount of grant for year ending—

Name of State

Base amount of expenditure

30 June 1971

30 June 1972

30 June 1973

 

$

$

$

$

New South Wales............

299,400

308,400

321,500

334,500

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

199,000

180,500

189,700

198,800

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

180,000

331,700

326,200

334,100

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

10,500

52,000

23,300

25,900

Western Australia............

176,000

249,700

296,200

318,400

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

89,500

47,400

47,400

47,400

———

SECOND SCHEDULE Section 5.

Investigation and Measurement of 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

30 June 1971

30 June 1972

30 June 1973

 

$

$

$

$

New South Wales............

136,000

554,500

557,900

565,000

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

379,000

210,400

231,900

254,500

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

180,000

206,600

217,500

228,400

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

82,000

134,900

134,900

134,900

Western Australia............

260,000

321,900

374,100

391,500

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

15,000

23,100

23,100

23,100

 

Overview

The States Grants (Water Resources Measurement) Act 1970 was enacted to provide financial assistance to the states for the measurement and investigation of their water resources. This Act, enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, aims to support states in their efforts to measure the discharge of rivers and investigate and measure underground water resources. The Act specifies the conditions under which states can receive grants, including the requirement for certified information regarding approved expenditure and the submission of reports detailing activities undertaken during specified periods. The financial assistance is provided through grants that are payable out of the Consolidated Revenue Fund. The policy objective is to ensure that states have the necessary resources to effectively manage and measure their water resources, thereby supporting sustainable water management practices across Australia.

Scope and Application

The States Grants (Water Resources Measurement) Act 1970 applies to the States of Australia, providing financial assistance for the measurement of water resources, specifically the discharge of rivers and the investigation and measurement of underground water resources. The Act is applicable to the years ending on the 30th of June in 1971, 1972, and 1973. Each State must furnish the Treasurer with information regarding their expenditure, certified by their respective Auditor-General, to be eligible for financial assistance. The Act allows for the approval of expenditure by the Minister, subject to the limits specified in the schedules, and requires States to submit reports on their activities related to water resources measurement and investigation. The Act also allows for advances to be made by the Treasurer and mandates the repayment of overpayments by the States. The financial assistance is paid out of the Consolidated Revenue Fund. The Act does not explicitly provide for any exclusions, exemptions, or thresholds beyond those specified in the schedules and does not mention any subordinate instruments that might extend or restrict its application.

Key Provisions

The States Grants (Water Resources Measurement) Act 1970 (section 1) provides financial assistance to states for the measurement and investigation of their water resources. This Act applies to specific years, namely the year ending on the thirtieth day of June 1971 and the two succeeding years (section 3(2)). Under this Act, financial assistance is provided to states based on their approved expenditure on the measurement of river discharge and the investigation and measurement of underground water resources (sections 4 and 5). The amount of the grant is determined by the amount of excess expenditure incurred by the state over a specified base amount, subject to a maximum limit specified in the Schedules (sections 4(c), 5(c)). States are required to furnish the Treasurer with information regarding their expenditure on water resources, which must be certified by the state’s Auditor-General (section 6). Additionally, states must submit reports to the Minister detailing their activities related to water resources measurement and investigation for the first six months and the entire year (section 8). These reports must be submitted by specified deadlines, with potential for extensions by the Minister (section 8(2)). States may also request approval for their expenditure from the Minister before or during the relevant year (section 7). The Act outlines consequences for non-compliance and overpayments. If a state receives an overpayment, it is obligated to repay the excess amount upon demand by the Treasurer (section 10). The Act also stipulates that the financial assistance provided to states is subject to appropriation from the Consolidated Revenue Fund (section 11). Failure to comply with the provisions of this Act may result in financial penalties. For example, overpayments made to a state require repayment to the Commonwealth (section 10). However, the Act does not explicitly detail criminal or civil penalties for non-compliance beyond the financial repayment requirements.

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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.