New South Wales Grant (Gwydir River Dam)

No. 53 of 1969

An Act to grant Financial Assistance to the State of New South Wales in connexion with the construction of a Dam on the Gwydir River near Copeton in that State.

[Assented to 14 June 1969]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the New South Wales Grant (Gwydir River Dam) Act 1969.

Commencement.

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

Definition.

3. In this Act, “the State” means the State of New South Wales.

Grant of financial assistance.

4.—(1.) Subject to this Act, there are payable to the State, by way of financial assistance, such amounts as are determined by the Treasurer from time to time having regard to the amounts expended by the State, after the commencement of this Act, in carrying out the works, and doing the other things, referred to in the Schedule to this Act.

(2.) The amounts paid to the State under this Act shall not exceed, in the aggregate, Twenty million dollars.

Power of Minister to vary description of work.

5. Where the State so requests, the Minister may from time to time, by instrument in writing, direct that this Act have effect in relation to a work referred to in the Schedule to this Act as if the description in that Schedule of that work were varied in such manner as is specified in the instrument.

Provision relating to carrying out of works.

6. The State is not entitled to financial assistance under this Act in relation to expenditure by the State, whether incurred before or after the commencement of this Act, in carrying out a particular work—

(a) where the Minister has requested the State to furnish information in relation to the design or construction of the work—unless the State has duly furnished that information;

(b) unless the Minister is satisfied that the design and construction of the work are in accordance with the purposes for which the work was proposed by the State; and

(c) where the expenditure was incurred under a contract (being a contract entered into after the commencement of this Act) providing for the expenditure of more than Five hundred thousand dollars—unless the contract was entered into with the approval of the Minister.

Information to be furnished by State in relation to expenditure.

7. The State is not entitled to financial assistance under this Act in relation to particular expenditure by the State unless the State has 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 the State certifying that the expenditure shown in the statement was incurred in carrying out works, or doing other things, referred to in the Schedule to this Act; and

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

Advances.

8. The Treasurer may, at such times as he thinks fit, make advances of such amounts as he thinks fit to the State on account of an amount that may become payable under this Act to the State.

Overpayments.

9. Payment to the State under this Act of any amount (including an advance) 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 advances) paid to the State under this Act exceeds the total of the amounts that have become payable to the State under section 4 of this Act.

Appropriation.

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

THE SCHEDULE Section 4.

MATTERS IN RESPECT OF WHICH FINANCIAL ASSISTANCE IS GRANTED

1. The construction of a dam on the Gwydir River near Copeton, being a dam of a height sufficient to store approximately 1,100,000 acre-feet of water.

2. The construction of auxiliary embankments and spillway and outlet works in connexion with the dam.

3. The construction of access roads to the dam and to the spillway and outlet works.

4. The relocation of roads and other services that may be affected by the storage of water in the dam.

5. The clearing of timber from the area to be covered by the water stored in the dam.

6. The carrying out of works incidental to any of the works referred to in the preceding paragraphs of this Schedule.

7. The establishment of construction camps required in connexion with the carrying out of any of the works referred to in the preceding paragraphs of this Schedule and the provision of services necessary for those camps, including the construction of roads and the provision of power, water, sewerage and telecommunication facilities.

8. The acquisition of land that is required for the carrying out of any of the works referred to in the preceding paragraphs of this Schedule or may be affected by any of those works.