Queensland Grant (Proserpine Flood Mitigation) Act 1976

Act No. 136 of 1976 as amended

[Note: This Act was repealed by Act No. 73 of 2008 on 3 July 2008]

This compilation was prepared on 23 October 2000
taking into account amendments up to Act No. 36 of 1978

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

1............ Short title [see Note 1]....................................................................... 1

2............ Commencement [see Note 1].............................................................. 1

3............ Interpretation...................................................................................... 1

4............ Grants of financial assistance............................................................. 2

5............ Extension of time for carrying out works........................................... 2

6............ Power of Minister to vary description of work................................. 2

7............ Information to be furnished................................................................ 2

8............ Statements to be furnished................................................................. 3

9............ Calculation of costs............................................................................ 3

10.......... Advances............................................................................................ 3

11.......... Over‑payments................................................................................... 3

12.......... Appropriation.................................................................................... 4

Schedule                                                                                                                                        5

Flood Mitigation Works.................................................................................... 5

Notes                                                                                                                                             7

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

1  Short title [see Note 1]

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

2  Commencement [see Note 1]

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

3  Interpretation

                   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.

4  Grants of financial assistance

             (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.

5  Extension of time for carrying out works

                   Where the Minister for Finance 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 Minister for Finance 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.

6  Power of Minister to vary description of work

                   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.

7  Information to be furnished

                   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.

8  Statements to be furnished

                   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 Minister for Finance:

                     (a)  a statement in respect of that expenditure in accordance with a form approved by the Minister for Finance, 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 Minister for Finance requires in respect of that expenditure; and

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

9  Calculation of costs

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

10  Advances

                   The Minister for Finance 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.

11  Over‑payments

                   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 Minister for Finance, 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.

12  Appropriation

                   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.

Notes to the Queensland Grant (Proserpine Flood Mitigation) Act 1976

Note 1

The Queensland Grant (Proserpine Flood Mitigation) Act 1976 as shown in this compilation comprises Act No. 136, 1976 amended as indicated in the Tables below.

Table of Acts

Table of Amendments