Victoria Grant (Seymour Flood Mitigation) Act 1975

Legislation au C2004A00287 Not in force Act

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VICTORIA GRANT (SEYMOUR FLOOD

MITIGATION) ACT 1975

No. 65 of 1975

An Act to grant Financial Assistance to Victoria for the purpose of Flood Mitigation Works in relation to the Town of Seymour.

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 Victoria Grant (Seymour Flood Mitigation) Act 1975.

Commencement.

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

Grant of financial assistance.

3. (1) Subject to this Act, there are payable to Victoria, by way of financial assistance, amounts equal to 40 per centum of moneys expended by Victoria, after 1 July 1974, in carrying out the works referred to in the Schedule.

(2) The total amount of financial assistance to Victoria under this Act shall not exceed $200,000.

Power of Minister to vary description of work.

4. Upon request by Victoria, the Minister may, from time to time, direct in writing that this Act shall have effect in relation to a work referred to in the Schedule as if the description in the Schedule of that work were varied in such manner as the Minister specifies in the direction.

Victoria to give undertaking.

5. Victoria is not entitled to financial assistance under this Act unless an undertaking has been given to Australia on behalf of Victoria that Victoria will formulate and carry out a flood zone plan and a program of improved catchment management for the watercourse, known as Whitehead’s Creek, that runs through the town of Seymour.

Provision in relation to carrying out of work.

6. Victoria is not entitled to financial assistance under this Act in relation to expenditure by Victoria in carrying out a particular work unless—

(a) where the Minister has requested Victoria to furnish information in relation to the design or construction of the work—Victoria has duly furnished that information; and

(b) the Minister is satisfied that the design and construction of the work are in accordance with the purposes for which the work was proposed by Victoria.

Statements to be furnished.

7. Victoria is not entitled to financial assistance under this Act in relation to particular expenditure unless Victoria has furnished to the Treasurer—

(a) a statement in respect of that expenditure, in accordance with a form approved by the Treasurer, accompanied by a certificate of the Auditor-General of Victoria certifying that, in his opinion, the amounts shown in the statement as having been expended were expended in carrying out works referred to in the Schedule; and

(b) such further information, if any, as the Treasurer requires in respect of that expenditure.

Advances.

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

Over payments.

9. Payment to Victoria under this Act of any amount (including an advance) is subject to the condition that Victoria will repay to Australia, on demand by the Treasurer, the amount by which, at the time of the demand, the total of the amounts (including advances) paid to Victoria under this Act exceeds the total of the amounts that have become payable to Victoria under section 3.


Appropriation.

10. Amounts payable to Victoria under this Act are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

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SCHEDULE Section 3

WORKS IN RESPECT OF WHICH FINANCIAL ASSISTANCE IS GRANTED

1. River improvement works on the watercourse, known as South Spur, that runs into Whitehead’s Creek in the town of Seymour.

2. The construction of a new bridge in the town of Seymour, with improved waterway capacity, to carry High Street over Whitehead’s Creek.

3. The construction of an embankment, incorporating culverts, to carry the Melbourne to Albury Railway line over Whitehead’s Creek.

4. The relocation upstream of the bridge in the town of Seymour that carries Oak Street over Whitehead’s Creek.

5. River improvement works on Whitehead’s Creek.

6. The burying of the sewerage outfall pipe that crosses Whitehead’s Creek upstream of the bridge referred to in clause 4.

7. The construction of a levee to provide local protection for the Seymour District Memorial Hospital against flooding in Whitehead’s Creek.

8. The enlargement of the waterway beneath the bridge in the town of Seymour that carries Highlands Road over Whitehead’s Creek.

Overview

The Victoria Grant (Seymour Flood Mitigation) Act 1975 was enacted to address the problem of flooding in the town of Seymour, Victoria. This Act was introduced by the Commonwealth of Australia and was passed by the Queen, the Senate, and the House of Representatives. The primary policy objective of the Act is to provide financial assistance to Victoria for the execution of specific flood mitigation works in Seymour. Under the Act, the Commonwealth grants 40% of the funds expended by Victoria on these works, subject to a cap of $200,000. For Victoria to be eligible for this financial assistance, it must commit to formulating and implementing a flood zone plan and an improved catchment management program for Whitehead's Creek. Additionally, Victoria must furnish detailed statements and information to the Treasurer and comply with any requests for information from the Minister regarding the design and construction of the flood mitigation works. The financial assistance provided under the Act is subject to conditions including the repayment of any overpayments and is to be paid out of the Consolidated Revenue Fund.

Scope and Application

The Victoria Grant (Seymour Flood Mitigation) Act 1975 applies to the State of Victoria in relation to specific flood mitigation works within the town of Seymour. The Act grants financial assistance to Victoria, up to a maximum of $200,000, which equates to 40% of the moneys expended by Victoria for the specified flood mitigation works. The Act mandates that Victoria must provide an undertaking that it will formulate and implement a flood zone plan and a program of improved catchment management for Whitehead’s Creek. Furthermore, Victoria must furnish relevant information and statements to the Treasurer and comply with conditions regarding design and construction specifications set by the Minister to be eligible for financial assistance. The Act also includes provisions for the Treasurer to make advances to Victoria and for the repayment of any overpayments. The geographic and jurisdictional reach of this Act is limited to the state of Victoria, focusing on flood mitigation works in the town of Seymour.

Key Provisions

The Victoria Grant (Seymour Flood Mitigation) Act 1975 (sections 1-10) provides financial assistance to Victoria for specific flood mitigation works in the town of Seymour, including river improvements and infrastructure construction. Section 3 of the Act specifies that Victoria is entitled to receive 40 per cent of the moneys expended on these works, up to a maximum of $200,000. The Act mandates that Victoria must furnish the Minister with information on the design and construction of the works (section 6), and provide statements and certificates to the Treasurer regarding the expenditure (section 7). Additionally, Victoria must commit to formulating and executing a flood zone plan and a program of improved catchment management for Whitehead’s Creek (section 5). The Minister has the authority to vary the description of the works as specified in the Schedule (section 4), and the Treasurer may make advances to Victoria for the amounts payable under the Act (section 8). The Act imposes several obligations on Victoria, including providing information on the design and construction of the works to the Minister, ensuring that such works meet the specified purposes, and submitting expenditure statements accompanied by an Auditor-General certificate to the Treasurer. Moreover, Victoria must undertake to develop and implement a flood zone plan and an improved catchment management program for Whitehead’s Creek. Failure to meet these obligations may result in Victoria being ineligible for financial assistance under the Act. Under the Act, there are specific civil consequences for non-compliance. If Victoria fails to furnish required information or statements, it may be ineligible for financial assistance (section 6 and 7). Additionally, if the total payments made to Victoria exceed the amounts payable under section 3, Victoria is obligated to repay the overpaid amounts upon the Treasurer's demand (section 9). The Act does not explicitly state criminal or civil penalties for non-compliance, but the potential financial repercussions of overpayments and ineligibility for assistance can be significant.

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Environmental 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.