Federal Register of Legislation - Australian Government

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Act No. 136 of 1976 as made
An Act to grant Financial Assistance to Queensland for the purpose of Flood Mitigation Works in relation to the Proserpine River.
Administered by: Agriculture, Fisheries and Forestry
Date of Assent 02 Dec 1976
Date of repeal 03 Jul 2008
Repealed by Statute Law Revision Act 2008

QUEENSLAND GRANT (PROSERPINE FLOOD MITIGATION) ACT 1976

No. 136 of 1976

An Act to grant Financial Assistance to Queensland for the purpose of Flood Mitigation Works in relation to the Proserpine River.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Queensland Grant (Proserpine Flood Mitigation) Act 1976.

Commencement.

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

Definitions.

3. In this Act, unless the contrary intention appears—

“flood mitigation works” means the works referred to in the Schedule;

“State expenditure” means—

(a) in relation to the carrying out of flood mitigation works by Queensland—expenditure by Queensland in respect of the costs of the carrying out of those works, less any amount that has been or is to be paid to Queensland by way of Trust expenditure in respect of those costs; and

(b) in relation to the carrying out of flood mitigation works by the Trust—expenditure by Queensland by way of contribution towards the costs of the carrying out of those works;

“Trust” means the Proserpine Shire River Improvement Trust;

“Trust expenditure” means—

(a) in relation to the carrying out of flood mitigation works by the Trust—expenditure by the Trust in respect of the cost of the carrying out of those works, less any amount that has been or is to be paid to the Trust by way of State expenditure in respect of those costs; and

(b) in relation to the carrying out of flood mitigation works by Queensland—expenditure by the Trust by way of contribution towards the costs of the carrying out of those works.

Grants of financial assistance.

4. (1) Where amounts have been paid by way of State expenditure and Trust expenditure in respect of the costs of the carrying out, during the period of 4 years that commenced on 1 July 1975, of any flood mitigation works, then, subject to this Act, there are payable to Queensland, by way of financial assistance, amounts necessary to reimburse Queensland in respect of one-half of so much of that State expenditure as does not exceed eight-tenths of the sum of that State expenditure and that Trust expenditure.

(2) The total amount of financial assistance to Queensland under this Act shall not exceed $374,400.

Extension of time for carrying out works.

5. Where the Treasurer is satisfied that, by reason of exceptional circumstances, the carrying out of a work referred to in the Schedule will not be completed on or before 30 June 1979, the Treasurer may direct that this Act shall have effect in relation to that work as if the period referred to in sub-section 4(1) were extended to 31 December 1979 and this Act applies in relation to that work accordingly.

Power of Minister to vary description of work.

6. Upon request by Queensland, 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.

Information to be furnished.

7. Queensland is not entitled to financial assistance under this Act in relation to amounts paid by way of State expenditure in respect of the costs of the carrying out of any flood mitigation works unless Queensland has duly furnished to the Minister information in relation to those works, or in relation to expenditure or proposed expenditure in respect of the costs of the carrying out of those works, that the Minister has requested Queensland to furnish.

Statements to be furnished.

8. Queensland is not entitled to financial assistance under this Act in relation to an amount paid by way of State expenditure unless Queensland has duly 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 Queensland certifying that the amount of money shown in the statement as being State expenditure was paid as State expenditure in respect of the flood mitigation works concerned;

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

(c) a statement, in accordance with a form approved by the Treasurer and verified to the satisfaction of the Treasurer, giving particulars of the related Trust expenditure.

Calculation of costs.

9. The Treasurer may determine the matters that are to be taken into account in ascertaining the costs of the carrying out of flood mitigation works.

Advances.

10. The Treasurer may, at such times as he thinks fit, make advances of such amounts as he thinks fit to Queensland on account of an amount that may become payable to Queensland under section 4.

Overpayments.

11. Payment to Queensland under this Act of any amount (including an advance) is subject to the condition that Queensland 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 advances) paid to Queensland under this Act exceeds the total of the amounts that have become payable to Queensland under section 4.

Appropriation.

12. Amounts payable to Queensland under this Act (including advances) are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

SCHEDULE                                                   Section 3

FLOOD MITIGATION WORKS

1. River improvement works on the Proserpine River.

2. The construction, reconstruction and realignment of levees in the Proserpine Shire River Improvement Area that relate to the Proserpine River.

3. The construction of spillways to divert flood flows from the Proserpine River upstream of the town of Proserpine.

4. The construction of an inlet overflow structure and levees to divert flood flows from the Proserpine River into the watercourse known as Lagoon Creek.

5. Watercourse improvement works on the diversion channel that carries floodwater from the Proserpine River into Lagoon Creek.

6. The regrading of Crystalbrook Road in relation to the inlet overflow structure referred to in clause 4.

7. The construction of an inlet overflow structure and levees to divert flood flows from the Proserpine River downstream of the town of Proserpine at the Breakaway.

8. Watercourse improvement works on the Breakaway Channel.

9. The carrying out of works incidental to any of the works referred to in the preceding clauses of this Schedule.