Western Australia (South-west Region Water Supplies) Agreement Act 1971

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Legislation au C1971A00097 In force Act

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Western Australia (South-west Region Water Supplies) Agreement

No. 97 of 1971

An Act to amend the Western Australia (South-west Region Water Supplies) Agreement Act 1965.

[Assented to 17 November 1971]

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 and citation.

1.—(1.) This Act may be cited as the Western Australia (South-west Region Water Supplies) Agreement Act 1971.

(2.) The Western Australia (South-west Region Water Supplies) Agreement Act 1965 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Western Australia (South-west Region Water Supplies) Agreement Act 1965–1971.

Commencement.

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

3. After section 2 of the Principal Act the following section is inserted:—

Definitions.

2a. In this Act, unless the contrary intention appears—

the Agreement means the Agreement a copy of which is set out in the First Schedule to this Act;

the Amending Agreement means the agreement a copy of which is set out in the Second Schedule to this Act..

Approval of Agreement.

4. Section 3 of the Principal Act is amended by omitting the words agreement a copy of which is set out in the Schedule to this Act and inserting in their stead the word Agreement.

5. After section 3 of the Principal Act the following section is inserted:—

Approval of Amending Agreement.

3a. The Amending Agreement is approved..

Financial assistance.

6. Section 4 of the Principal Act is amended—

(a) by omitting the words the agreement referred to in the last preceding section and inserting in their stead the words the Agreement as amended by the Amending Agreement; and

(b) by omitting the words that agreement and inserting in their stead the words the Agreement as so amended.


First Schedule.

7. The heading to the Schedule to the Principal Act is omitted and the following headings are inserted in its stead:—

THE SCHEDULES

FIRST SCHEDULE Section 2a.”.

Second Schedule.

8. The Principal Act is amended by adding at the end thereof the following Schedule:—

SECOND SCHEDULE Section 2a.

This Agreement is made the Fourth day of August One thousand nine hundred and seventy-one between The Commonwealth of Australia (in this agreement called the Commonwealth) of the one part and The State of Western Australia (in this agreement called the State) of the other part and is supplemental to the agreement made the tenth day of May, 1965 between the Commonwealth and the State and approved by the Parliament of the Commonwealth by the Western Australia (South-West Region Water Supplies) Agreement Act 1965 (in this agreement called the Principal Agreement) in relation to the carrying out of works for the development of water supplies in the South-West region of the State.

Whereas—

(a) the Principal Agreement made provision for the grant by the Commonwealth to the State for the carrying out of the said works of financial assistance consisting of an amount which is equivalent to one-half of the cost of the works but does not exceed ten million five hundred thousand dollars ($10,500,000) and which is repayable by the State as provided in the Principal Agreement;

(b) the State has sought an increase in the total amount of the financial assistance to be provided by the Commonwealth for the carrying out of the works;

(c) the Parliament of the Commonwealth will accordingly be asked to approve an increase of one million five hundred thousand dollars ($1,500,000) in the total amount of the financial assistance that may be provided by the Commonwealth under the Principal Agreement:

Now it is hereby agreed as follows:

1. This agreement will have no force or effect and shall not be binding on either party until it has been approved by the Parliament of the Commonwealth.

2. Upon the coming into force of this agreement, the Principal Agreement shall be amended by deleting from sub-clause (2.) of clause 4 the words and figures Five million two hundred and fifty thousand pounds (£5,250,000) and inserting in their place the words and figures Twelve million dollars ($12,000,000)”.

3. Subject to clause 2 of this agreement, the Principal Agreement is confirmed.

In witness whereof this agreement has been executed as at the day and year first above written.

Signed on behalf of The Commonwealth of Australia by the Right Honourable William McMahon, the Prime Minister of the Commonwealth, in the presence of—

WILLIAM McMAHON

D. J. Munro

 

Signed on behalf of The State of Western Australia by the Honourable John Trezise Tonkin, the Premier of the State, in the presence of—

JOHN T. TONKIN

R. J. Seddon

 

 

Overview

The Western Australia (South-west Region Water Supplies) Agreement Act 1971 was enacted to amend the existing Western Australia (South-west Region Water Supplies) Agreement Act 1965, which provided for the grant of financial assistance by the Commonwealth to the State of Western Australia for the development of water supplies in the South-west region. This amendment was necessary to address the gap created by the State's request for an increase in the total amount of financial assistance from the Commonwealth. The Act was enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, with the aim of ensuring that the necessary legislative changes are formally recognised and implemented. The primary objective of this Act is to approve an additional amount of one million five hundred thousand dollars ($1,500,000) to be added to the financial assistance provided under the Principal Agreement, thus allowing for the continuation and expansion of water supply development projects in the specified region. The Act amends the original agreement by increasing the total financial assistance that can be provided by the Commonwealth from $10,500,000 to $12,000,000, subject to the approval of the Commonwealth Parliament. This legislative action ensures that the necessary funds are available to meet the State's needs, facilitating the ongoing development of critical infrastructure in the South-west region.

Scope and Application

The Western Australia (South-west Region Water Supplies) Agreement Act 1971 amends the Western Australia (South-west Region Water Supplies) Agreement Act 1965, addressing the financial assistance provided by the Commonwealth of Australia to the State of Western Australia for the development of water supplies in the South-West region. This Act applies to the Commonwealth and the State of Western Australia, specifically relating to the implementation and financial aspects of the water supply development works. It extends to the geographic region of the South-West of Western Australia and is a Commonwealth Act, reflecting the collaborative federal-state nature of the water supply project. The Act’s amendments include increasing the financial assistance from $10.5 million to $12 million for the specified water supply works. The Act does not explicitly state exclusions or exemptions but is subject to the terms and conditions of the Agreement as set out in the Schedules, with the Amending Agreement approved by this legislation. The Act's application may be further defined or extended through subordinate instruments, which are not detailed in the provided text.

Key Provisions

The Western Australia (South-west Region Water Supplies) Agreement Act 1971 amends the Western Australia (South-west Region Water Supplies) Agreement Act 1965. The main operative sections of this Act (sections 1 to 8) primarily serve to update and confirm the terms of the original agreement between the Commonwealth of Australia and the State of Western Australia regarding financial assistance for water supply development in the South-west region of Western Australia. Section 1 provides the citation for the Act, section 2 deals with the commencement of the Act, and sections 3 to 8 insert new definitions and sections into the Principal Act, as well as approving an Amending Agreement. The obligations imposed by this Act on the parties include the requirement for the Parliament of the Commonwealth to approve the Amending Agreement, as stated in section 3a. This approval is necessary for the Amending Agreement to have any legal effect. Additionally, the Commonwealth is obligated to provide financial assistance to the State of Western Australia for the development of water supplies in the South-west region, subject to the terms of the amended agreement. The State, in turn, is required to repay the financial assistance provided, as outlined in the Principal Agreement. The Act also outlines the consequences of breaching the terms of the agreement. While the Act does not specify explicit penalties or consequences for non-compliance, breaches of the agreement could lead to legal disputes and potentially to enforcement actions by the Commonwealth or the State. Given the nature of the agreement and the significant financial implications, any failure to adhere to the terms could result in substantial legal and financial repercussions.

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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.