States Grants (Water Resources Measurement) Act 1973

No. 29 of 1973

AN ACT

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

[Assented to 15 May 1973]

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 States Grants (Water Resources Measurement) Act 1973.

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—

“discharge”, in relation to a river, 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.

(2) For the purposes of this Act, the following years are years to which this Act applies:—

(a) the year ending on 30th June, 1974; and

(b) each of the next two succeeding years.

Grants for measurement of discharge of rivers.

4. Where—

(a) a State furnishes the Treasurer with such information as he requires with respect to the amount of expenditure incurred by the State during a year to which this Act applies in connexion with the works, equipment, facilities and things approved under section 7 in relation to that year in connexion with the measure­ment of the discharge of the rivers in 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 Schedule 1,

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 expenditure referred to in paragraph (b),

whichever is the least.

Grants for underground water investigation.

5. Where—

(a) a State furnishes the Treasurer with such information as he requires with respect to the amount of expenditure incurred by the State during a year to which this Act applies in connexion with the works, equipment, facilities and things approved under section 7 in relation to that year 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 Schedule 2,

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 expenditure referred to in paragraph (b),

whichever is the least.

Information to be verified

6. Information mentioned in paragraph 4(a) or 5(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.

Approval of works.

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, specified works, equipment, facilities or things 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,

and the Minister may approve such a work, item of equipment, facility or thing in relation to that year.

Information to be submitted 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 sub­mitted 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 equipment and 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 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—

(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 year— the 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 paragraph (a), 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 an amount (including an advance made under section 9) 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.

Appropriation.

11. Amounts payable to a State under this Act are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

 SCHEDULE 1 Section 4

Measurement of Discharge of Rivers

 SCHEDULE 2 Section 5

Investigation and Measurement of Underground Water Resources

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