TASMAN BRIDGE RESTORATION ACT (No. 2)

1975

No. 108 of 1975

An Act relating to an Agreement between Australia and Tasmania relating to a Modification of the Tasman Bridge on the Derwent River at Hobart to be carried out concurrently with the Restoration of that Bridge.

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 Tasman Bridge Restoration Act (No. 2) 1975.

Commencement.

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

Approval of agreement.

3. The agreement between Australia and Tasmania a copy of which is set out in the Schedule is approved.

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SCHEDULE Section 3

AN AGREEMENT (to be called the “Supplementary Joint Tasman Bridge Restoration Agreement”) made this seventh day of August One thousand nine hundred and seventy-five BETWEEN THE GOVERNMENT OF THE COMMONWEALTH OF AUSTRALIA of the one part and THE GOVERNMENT OF THE STATE OF TASMANIA of the other part WHEREAS it is the determination of both the Australian and Tasmanian Governments that the Tasman Bridge on the Derwent River at Hobart shall be structurally modified to accom­modate five lanes of traffic throughout its length concurrently with the restoration of the Bridge to a fully operational condition AND WHEREAS the two Governments are in agreement that this work could most appropriately be undertaken by the Joint Tasman Bridge Restoration Commission NOW IT IS HEREBY AGREED as follows:—

1. (1) IN the Agreement, unless the contrary intention appears—

‘Australia’ means the Commonwealth of Australia, and 'Australian' is used in a corre­sponding sense;

‘Clause’ means clause of this agreement;

‘Party’ means a party to this Agreement and 'Parties' means both of these parties;

‘Tasmania’ means the State of Tasmania and 'Tasmanian' is used in a corresponding sense;

‘the Bridge’ means the Tasman Bridge on the Derwent River at Hobart;

‘The Commission’ means the Joint Tasman Bridge Restoration Commission and includes any corporation that may succeed that Commission.

SCHEDULE—continued

2. THE provisions of this Agreement other than this Clause and Clauses 1 and 3 hereof shall have no force or effect and shall not be binding on either of the parties unless and until it is approved by the respective Parliaments of Australia and Tasmania but upon being so approved by those Parliaments the Agreement shall be of full force and effect and fully binding upon the parties.

3. (1) THIS clause shall come into operation on the date of this Agreement.

(2) The Australian and Tasmanian Governments will submit this Agreement for approval to the Australian and Tasmanian Parliaments respectively.

(3) Each party will submit any legislation and take any administrative action that may be necessary from time to time to give effect to this Agreement.

4. THE Commission shall, by way of addition to its present functions be empowered to exercise and may perform all or any of the functions (hereinafter referred to as 'the additional functions’) of superintending, coordinating, directing, managing and executing the planning and performance of any work associated with the structural modification of the Bridge throughout its length to accommodate five lanes of vehicular traffic.

5. (1) THE Commission shall have all powers necessary and incidental to the performance of the additional functions which powers shall be exercisable subject to the same conditions and duties to which the exercise of the powers given to the Commission by the Tasman Bridge Restoration Act 1975 of Tasmania is subject.

(2) Without prejudice to the generality of sub-clause (1) of this clause, the powers and capacities of the Commission shall include power, authority and capacity to enter into, as principal or agent, contracts or other agreements for work to be performed or services to be provided which the Commission deems to be necessary for or conducive to the performance of the additional functions.

6. IT is the intention of the parties that the cost of the structural modification of the Bridge throughout its length to accommodate five lanes of traffic shall be met by Australia, and that the Australian Government will in due course seek the approval of the Australian Parliament to the appropriation of monies necessary to give effect to this intention.

IN WITNESS whereof this Agreement has been signed for and on behalf of the parties hereto respectively as at the day and year first above written.