Federal Register of Legislation - Australian Government

Primary content

Act No. 23 of 1965 as amended, taking into account amendments up to Act No. 97 of 1971
Administered by: Sustainability, Environment, Water, Population and Communities
Registered 08 Dec 2009
Start Date 17 Nov 1971
End Date 16 Sep 2001
Date of repeal 16 Sep 2011
Repealed by Statute Stocktake Act (No. 1) 2011

WESTERN AUSTRALIA (SOUTH-WEST REGION WATER SUPPLIES) AGREEMENT ACT 1965
- Reprinted as at 17 November 1971 (HISTACT2 CHAP 531 #DATE 17:11:1971)

WESTERN AUSTRALIA (SOUTH-WEST REGION WATER SUPPLIES) AGREEMENT ACT 1965 -
TABLE OF PROVISIONS

TABLE

WESTERN AUSTRALIA (SOUTH-WEST REGION WATER SUPPLIES) AGREEMENT ACT
1965

TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
2A. Definitions
3. Approval of Agreement
3A. Approval of Amending Agreement
4. Financial assistance

THE SCHEDULES

FIRST SCHEDULE

Agreement dated 10 May 1965

SECOND SCHEDULE

Agreement dated 4 August 1971

-----------------

WESTERN AUSTRALIA (SOUTH-WEST REGION WATER SUPPLIES) AGREEMENT ACT 1965 -
SECT. 1.
Short title.

SECT

Western Australia in relation to Water Supplies in the South-west Region of that State.
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Western Australia (South-west Region Water Supplies) Agreement Act 1965.*

WESTERN AUSTRALIA (SOUTH-WEST REGION WATER SUPPLIES) AGREEMENT ACT 1965 -
SECT. 2.
Commencement.

SECT

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

WESTERN AUSTRALIA (SOUTH-WEST REGION WATER SUPPLIES) AGREEMENT ACT 1965 -
SECT. 2A.
Definitions.

SECT

Inserted by No. 97, 1971, s. 3.
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.

WESTERN AUSTRALIA (SOUTH-WEST REGION WATER SUPPLIES) AGREEMENT ACT 1965 -
SECT. 3.
Approval of Agreement.

SECT

Amended by No. 97, 1971, s. 4.
3. The Agreement is approved.

WESTERN AUSTRALIA (SOUTH-WEST REGION WATER SUPPLIES) AGREEMENT ACT 1965 -
SECT. 3A.
Approval of Amending Agreement.

SECT

Inserted by No. 97, 1971, s. 5.
3A. The Amending Agreement is approved.

WESTERN AUSTRALIA (SOUTH-WEST REGION WATER SUPPLIES) AGREEMENT ACT 1965 -
SECT. 4.
Financial assistance.

SECT

Amended by No. 97, 1971, s. 6.
4. The payments (including advances) by the Commonwealth to the State of Western Australia provided for in the Agreement as amended by the Amending Agreement may be made, by way of financial assistance, to that State on the terms and conditions contained in the Agreement as so amended, out of the Consolidated Revenue Fund, which is appropriated accordingly.

-----------

WESTERN AUSTRALIA (SOUTH-WEST REGION WATER SUPPLIES) AGREEMENT ACT 1965
- FIRST SCHEDULE

SCH

Heading substituted by No. 97, 1971, s. 7.
THE SCHEDULES

FIRST SCHEDULE
Section 2A

AN AGREEMENT made the tenth day of May 1965 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:

WHEREAS-

(a) it is desirable in the interests of the State of Western Australia and of the Commonwealth of Australia generally that works be carried out to assist in the development of water supplies in the south-west region of the State;

(b) by the Western Australia Grant (Water Supply) Act 1948-1957 the Parliament of the Commonwealth made provision for a grant by the Commonwealth to the State of financial assistance for the carrying out of the comprehensive water supply scheme referred to in that Act in an area of approximately 4,000,000 acres in the south-west region of the State;

(c) the State is undertaking works to extend the comprehensive water supply scheme to the additonal areas referred to in the First Schedule to this agreement and has requested the Commonwealth to provide financial assistance to the State for the carrying out of those works;

(d) the Commonwealth and the State have agreed that appropriate financial assistance for the carrying out of those works consists of an amount which is the equivalent for the time being of one half of the cost of the works but does not exceed a total amount of Five million two hundred and fifty thousand pounds (#5,250,000) and which will be repayable by the State as provided in this agreement; and

(e) the Parliament of the Commonwealth is to be asked to grant the financial assistance to the State under section 96 of the Constitution of the Commonwealth of Australia upon and subject to the terms and conditions set out in this agreement.

NOW IT IS HEREBY AGREED as follows:-
Definitions.
1. In this agreement, unless the contrary intention appears-

''financial year'' means a period of twelve calendar months ending on the thirtieth day of June;

''Schedule'' means Schedule to this agreement;

''the State Treasurer'' means the Treasurer of the State and includes such other Minister of the Crown as is for the time being acting for and on behalf of the Treasurer of the State;

''the Treasurer'' means the Treasurer of the Commonwealth and includes such other Minister of State of the Commonwealth or member of the Federal Executive Council as is for the time being acting for and on behalf of the Treasurer; and

''the works'' means the works described in the Second Schedule or, if that Schedule is varied in accordance with clause 10 of this agreement, the works described in the Schedule as so varied.
Approval of agreement.
2. The Government of the Commonwealth will, as soon as practicable after the date of this agreement, submit to its Parliament legislation approving this agreement and providing under section 96 of the Constitution of the Commonwealth for a grant of financial assistance to the State on the terms and conditions contained in this agreement.
Commencement of agreement.
3. Except as hereinbefore provided, this agreement shall have no force or effect and shall not be binding on the parties unless and until the legislation of the Parliament of the Commonwealth referred to in the last preceding clause is passed, whereupon it shall commence and come into full force and effect.
Financial assistance.
4. (1) Subject to compliance by the State with the provisions of this agreement, the Commonwealth will in accordance with and subject to the provisions of this agreement provide financial assistance to the State in an amount which is the equivalent for the time being of one half of the total of expenditure on the works.

(2) The financial assistance to be provided by the Commonwealth under this clause shall not exceed in the aggregate the sum of Five million two hundred and fifty thousand pounds (#5,250,000).

(3) For the purposes of this agreement expenditure on the works means expenditure by the State on or in connexion with the works during the period of eight years that commences on the first day of July, 1965, and includes planning and administrative expenses directly related to carrying out the works but does not include expenses that would have been or would be incurred whether or not the works were carried out.
Payments by the Commonwealth.
5. (1) The Commonwealth will, at the request of the State, from time to time and subject to the provisions of this agreement, make payments to the State in pursuance of the last preceding clause of amounts equal to one-half of the expenditure on the works.

(2) The State will furnish to the Treasurer such documents and other evidence in support of each request by the State for a payment to it by the Commonwealth under sub-clause (1) of this clause as the Treasurer may from time to time reasonably request, whether the request is made by the Treasurer before or after the Commonwealth has made a payment pursuant to the request by the State.

(3) Any statement of expenditure by the State forwarded to the Commonwealth in connexion with a request for payment under sub-clause (1) of this clause shall be certified as to its correctness by the Auditor-General of the State.
Advances by the Commonwealth.
6. (1) The Treasurer may, at such times and in such amounts as he thinks fit, make advances to the State on account of an amount that may become payable to the State under clause 5 of this agreement.

(2) An amount or part of an amount advanced by the Treasurer under this clause may be deducted by the Commonwealth from amounts to be paid subsequently under sub-clause (1) of clause 5 of this agreement, or if there are no further amounts to be paid under that sub-clause, shall be refunded by the State to the Treasurer at his request.
Use of payments and advances.
7. The State shall ensure that an amount, or any part of an amount, paid or advanced to the State under this agreement is not used or applied except for the purpose of meeting or of reimbursing to the State expenditure on the works.
Repayments by the State.
8. (1) Subject to sub-clause (2) of this clause, the State shall from a source other than its Consolidated Revenue repay to the Commonwealth each payment made by the Commonwealth under this agreement, including any amount or amounts deducted from the payment pursuant to sub-clause (2) of clause 6 of this agreement, by thirty equal consecutive half-yearly repayments, the first repayment in respect of the Commonwealth payment to be made on the expiry of ten years from the date on which the Commonwealth payment was made and subsequent repayments to be made at half-yearly intervals thereafter until the final repayment has been made.

(2) The State may at any time, after giving to the Treasurer at least one month's notice of its intention so to do, repay to the Commonwealth so much of an amount that is repayable by the State under this clause as remains unrepaid, together with the interest on the amount repaid accrued to the date of repayment under the next succeeding clause.
Interest.
9. (1) The State shall from its Consolidated Revenue pay to the Commonwealth interest on so much of each amount paid or advanced to the State by the Commonwealth under this agreement as has not for the time being been repaid or refunded to the Commonwealth, calculated from the date upon which the amount was paid or advanced by the Commonwealth, at the rate provided in this clause.

(2) The State shall pay the interest for the time being accrued under this clause on the fifteenth day of June and the fifteenth day of December in each year.

(3) The rate at which interest is payable by the State under this clause in respect of an amount paid or advanced by the Commonwealth shall be the rate of yield to maturity of the long term loan last raised by the Commonwealth in Australia for public subscription prior to the date upon which the amount was paid or advanced.

(4) For the purposes of this clause, the expression ''the rate of yield to maturity'' means the rate per annum, as determined by the Treasurer to the nearest penny (or, upon the coming into operation of Part II of the Currency Act 1963, to the nearest cent) in accordance with sound actuarial practice, that the yield from the interest payable by the Commonwealth in respect of the relevant loan represents having regard to the issue price and the period of maturity of the loan.
Execution of the works.
10. (1) The State shall ensure that the works are carried out efficiently and in conformity with sound engineering and financial practices.

(2) To the extent that it is necessary for the more efficient fulfilment of the objectives of this agreement, the Second Schedule may be varied in such manner and to such extent as the State proposes and the Treasurer approves.
Annual estimates.
11. The State shall prepare and furnish to the Treasurer not later than the thirtieth day of April in each year a statement or statements showing the estimated expenditure on the works during the next succeeding financial year and estimates of the amounts that the State will request the Commonwealth to pay to the State under this agreement during that financial year.
Supply of information.
12. The State shall from time to time at the request of the Treasurer furnish to him such information as he may reasonably require for the purpose of or in relation to this agreement.
Audit.
13. (1) The accounts, books, vouchers, documents and other records of the State relating to the carrying out of the works shall be subject to audit by the Auditor-General of the State.

(2) Until such time as the total amount of the financial assistance to be provided to the State under this agreement has been provided by the Commonwealth and supporting evidence to the satisfaction of the Treasurer in relation to all amounts paid or advanced is furnished by the State, a report on the audits and on the financial statements in respect of each financial year shall be furnished by the Auditor-General of the State to the Treasurer as soon as possible after the completion of the financial year, indicating, inter alia-

(a) whether the financial statements are based on proper accounts and records and are in agreement with those accounts and records; and

(b) whether the expenditure of moneys is in accordance with this agreement,
and including reference to such other matters arising out of the audits and financial statements as the Auditor-General of the State considers should be reported to the Treasurer.
Notices, &c.
14. Any notice, request or other communication to be given or made under this agreement by the Commonwealth or the Treasurer to the State shall be deemed sufficiently given or made if it is in writing signed by the Treasurer or by any person thereunto authorized in writing by him and any notice, application, request or other communication to be given or made by the State to the Commonwealth or the Treasurer shall be deemed sufficiently given or made if it is in writing signed by the State Treasurer or any person thereunto authorized in writing by him.
THE SCHEDULES

FIRST SCHEDULE
Recital (a)
THE AREAS TO BE SUPPLIED WITH WATER

The areas, comprising a total of approximately 3,700,000 acres, delineated and coloured pink in the plan designated P.W.D., W.A. 40271 attached to the document entitled 'Comprehensive Agricultural Areas Water Supply Scheme' issued by the Minister for Works and Water Supplies of the State in April, 1963.

SECOND SCHEDULE

THE WORKS
Clause 1

The works for the provision of water from the Mundaring Weir and the Wellington Dam by pipeline to the areas referred to in the First Schedule that are described in the document entitled 'Comprehensive Agricultural Areas Water Supply Scheme' referred to in the First Schedule, including the following-

(a) the enlargement of the Goldfields Main Conduit over certain sections between Mundaring Weir and Merredin;

(b) the reinforcement of pumping equipment and regulating reservoirs on the Goldfields Main Conduit Between Mundaring Weir and Merredin;

(c) the re-organisation and reinforcement of pumping equipment on the Wellington-Narrogin Main;

(d) the partial enlargement of the Narrogin-Katanning Main; and

(e) the provision of auxiliary pumping stations, rising mains, service tanks, reservoirs and distribution systems.

IN WITNESS WHEREOF this agreement has been entered into the day and year first above written.
SIGNED by the Right Honourable Sir Robert Gordon Menzies, the Prime Minister of the Commonwealth, in the presence of-

F. W. JENNINGS ROBERT G. MENZIES
SIGNED by the Honourable David Brand, the Premier of the State of Western Australia, in the presence of-

J. R. EWING DAVID BRAND

-----------

WESTERN AUSTRALIA (SOUTH-WEST REGION WATER SUPPLIES) AGREEMENT ACT 1965
- SECOND SCHEDULE

SCH

Added by No. 97, 1971, s. 8.
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-

D. J. MUNRO WILLIAM McMAHON
SIGNED on behalf of THE STATE OF WESTERN AUSTRALIA by the Honourable JOHN TREZISE TONKIN, the Premier of the State, in the presence of-

R. J. SEDDON JOHN T. TONKIN
------------------------------------------------------------------------------ --

WESTERN AUSTRALIA (SOUTH-WEST REGION WATER SUPPLIES) AGREEMENT ACT 1965 -
NOTE


NOTE
1. The Western Australia (South-west Region Water Supplies) Agreement Act 1965 comprises the Western Australia (South-west Region Water Supplies) Agreement Act 1965 as amended by the other Act specified in the following table:
----------------------------------------------------------------------------

Number Date of Assent
Act and year and of commencement
----------------------------------------------------------------------------

Western Australia (South-west
Region Water Supplies)
Agreement Act 1965 No. 23, 1965 28 May 1965
Western Australia (South-west
Region Water Supplies)
Agreement Act 1971 No. 97, 1971 17 Nov 1971
----------------------------------------------------------------------------