Commonwealth Consolidated Acts

SEWERAGE AGREEMENTS ACT 1973 - SCHEDULE

Section 3

AN AGREEMENT made the   day of   One thousand nine hundred and seventy-               between--

THE GOVERNMENT OF THE COMMONWEALTH OF AUSTRALIA (in this agreement called "the Australian Government") of the one part, and

THE GOVERNMENT OF THE STATE OF   (in this agreement called "the State Government") of the other part,

WHEREAS--

(a)   the Australian Government wishes to make available financial assistance to the States with the objective of eliminating within the shortest feasible time the backlog of sewerage works in the principal Australian cities;

(b)   in pursuance of that objective the Australian Government has proposed that an amount of 30 million dollars be made available to the States in order to augment funds for backlog sewerage works that are commenced before the first day of July 1974;

(c)   the said amount is proposed to be allocated between the States as set out in the Schedule to this agreement;

(d)   the Parliament of the Commonwealth of Australia has authorized the execution of this agreement on behalf of the Australian Government and the provision of financial assistance in accordance with its provisions:

NOW IT IS HEREBY AGREED as follows:--

PART I-- PRELIMINARY

Commencement of Agreement

1. (1)   This agreement shall come into force when it has been executed on behalf of the Australian Government and on behalf of the State Government.

(2)   Upon coming into force, this agreement shall be deemed to have commenced to operate on the first day of July 1973 and it may be implemented in relation to acts and events that have been done or have taken place prior to, on or after that date as if its provisions have had that operation.

Performance of Agreement

2.   Each Government will provide for and secure the carrying out by it and by its authorities and instrumentalities of this agreement in accordance with the provisions thereof.

Definitions

3.   In this agreement, unless a contrary intention appears --

""" approved " , in relation to a programme of sewerage works, denotes that the programme has been proposed by the State Minister for, and has been accorded, the approval of the Minister under Part II of this agreement;

""" backlog sewerage works " means sewerage works that are directed at providing reticulation in respect of built-up areas which were unsewered at the thirtieth day of June 1973 or that consist of construction or upgrading of main carriers, treatment works and pumping stations that is necessitated by reticulation provided prior to that date;

""" clause " means clause of this agreement;

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

""" Government " means a Government that is a party to this agreement;

" " " sewerage works " means capital works directed at providing sewerage reticulation to the boundary line of allotments and includes the construction, reconstruction and upgrading of main carriers, treatment works and pumping stations and any ancillary works;

" " " State " means the State whose Government is a party to this Agreement;

" " " the Minister " means the Minister for Urban and Regional Development of the Australian Government;

" " " the State Minister " means the Minister of State who is nominated by the Premier of the State as having for the time being the administration for the State of the matters to which this agreement relates;

" " " the Treasurer " means the Treasurer of the Australian Government.

References to Ministers

4.   Where in this agreement a Minister is referred to, the reference shall be deemed to extend to a Minister, howsoever designated, who has assumed the relevant functions of that Minister and to include a member of the Federal Executive Council or of the Executive Council of the State, as the case may be, for the time being acting for and on behalf of that Minister.

State Authorities and Instrumentalities

5.   References in this agreement to the State which relate to sewerage works or to expenditure incurred by the State in respect of sewerage works shall, unless the context otherwise requires, be deemed to include references to such semi-governmental and other authorities or instrumentalities of the State as have the function of providing sewerage works for the relevant area or areas of the State.

PART II-- SEWERAGE WORKS PROGRAMMES

Urban Centres

6. (1)   This agreement shall apply to sewerage works for the urban centre(s) of --

( Only the urban centre or centres appropriate to the relevant State are to be included .)

(2)   An (The) urban centre referred to in sub-clause (1) of this clause is the area within that centre as defined by the Commonwealth Statistician for the purposes of the 1971 Australian Census but may also include, for the purposes of the operation of the relevant provisions of this agreement, areas adjacent or proximate to that area that are included in the area to which sewerage works included in the approved programme so extend.

Programmes of Sewerage Works

7. (1)   The State Minister shall, before the first day of January 1974 or by such later date as may be specified by the Minister, furnish to the Minister a programme that sets out in a manner acceptable to the Minister sewerage works which the State Minister affirms are backlog sewerage works that will be commenced or accelerated as shown in the programme as a result of financial assistance being provided under this agreement and proposes should be approved by the Minister.

(2)   The State Minister shall have prepared and furnish to the Minister such environmental impact statements in respect of the sewerage works included in the programme as the Minister may reasonably request in accordance with the Australian Government environmental impact assessment policy.

Approval of Works

8.   When the Minister, having regard to the statements and any other information furnished to him for the purposes of this agreement is satisfied that the programme furnished to him as provided in accordance with clause 7 or that programme with any variation that may be agreed between the Minister and the State Minister comprises backlog sewerage works in respect of which financial assistance in accordance with this agreement should be provided, he shall inform the State Minister that the programme is approved by him for the purposes of the provision of that assistance and, subject to clause 9, the programme so approved will constitute the approved programme to which the provisions of this agreement are applicable.

Variation of Programme

9. (1)   The State Minister shall furnish to the Minister particulars of changes that the State proposes to make at any time to the approved programme furnished by it under clause 7.

( 2)   For the purposes of this agreement the proposed changes shall require to be approved by the Minister in accordance with clause 8 and, when they are approved, the programme as varied shall become the approved programme to which the provisions of this agreement are applicable.

Execution of Approved Sewerage Works

10.   The State Government shall carry out or cause to be carried out the sewerage works comprised in the approved programme by the Minister in accordance with the approved programme and in conformity with sound engineering and financial practices.

PART III -- FINANCIAL PROVISIONS

Financial Assistance

11. (1)   Subject to compliance by the State Government with the provisions of this agreement, the Australian Government will, in accordance with and subject to the provisions of this agreement, provide to the State Government financial assistance towards meeting expenditure by the State in respect of the approved programme.

(2)   The financial assistance provided to the State Government shall be equivalent to the expenditure by the State in respect of the sewerage works comprised in the approved programme but shall not, except as provided in sub-clause (3) of this clause, exceed in total the sum set out in respect of that State in the Schedule to this agreement.

(3)   In the event that the appropriate Minister of a State has informed the Minister in writing that that State does not require the proposed financial assistance referred to in recitals (b) and (c) of this agreement, the maximum amount of the financial assistance referred to in sub-clause (2) of this clause may be increased by such amount as the Minister, with the concurrence of the Treasurer, allocates to the State as financial assistance under this agreement from the sum set out in the Schedule in respect of the State that does not require financial assistance.

(4)   For the purposes of this clause expenditure in respect of the approved programme includes administrative expenses attributable to carrying out the programme.

(5)   Financial assistance will not be provided under this clause except in respect of sewerage works that are commenced before the first day of July 1974.

Advances

12. (1)   The Treasurer may, at such times and in such amounts as he thinks fit, after request by the State Government make advances on account of the payments that the State Government may become entitled to receive by way of financial assistance under clause 13.

(2)   An amount, or part of an amount, advanced under this clause may be deducted by the Australian Government from an amount that becomes payable under clause 13 or, if no further amounts will become payable under that clause, shall be refunded by the State Government to the Australian Government at the request of the Treasurer.

(3)   The State Government shall ensure that an amount, or any part of an amount, advanced to it under this clause and not refunded under sub-clause (2) is not used or applied except for the purpose of meeting or of reimbursing expenditure in respect of the relevant sewerage works comprised in the approved programme.

Payments

13.   The Australian Government will, at the request of the State Government, from time to time make payments to the State Government under this agreement by way of the financial assistance to be provided to it under clause 11.

Supporting Financial Evidence

14. (1)   The State Government shall furnish to the Treasurer such documents and other evidence to justify the making of an advance under clause 12 or to show how an amount or any part of an amount, advanced under that clause has been used or applied, or to support a request by the State Government for a payment under clause 13 as the Treasurer may at any time reasonably request, whether the request by the Treasurer is made before or after the Australian Government has made any relevant advance or payment.

(2)   Any statement of expenditure by the State Government forwarded to the Australian Government in connexion with a request for a payment under clause 13 shall be examined and reported upon in the manner more particularly described in sub-clause (2) of clause 19.

Repayments by the State

15. (1)   Subject to the provisions of this clause, the State Government shall repay to the Australian Government each of the advances made and not refunded under clause 12 and of the payments made under clause 13 by sixty ( or alternatively eighty, if a State so elects ) equal consecutive half-yearly instalments, the first payment in each case to be made on the fifteenth day of January or of July that next occurs after the expiration of twelve months from the date on which the payment or advance was made to the State Government and subsequent payments to be made on each succeeding fifteenth day of July and of January.

(2)   In addition to paying half-yearly instalments in accordance with sub-clause (1) of this clause and without prejudice, unless and until the whole of an advance or payment has been repaid, to the obligation to pay instalments under that sub-clause, the State Government may at any time, after having given to the Treasurer notice in writing of at least one month of is intention to do so, pay to the Australian Government the whole or a part not being less than One hundred thousand dollars ($100,000) of so much of an advance or payment as remains unrepaid under this clause and interest shall cease to become payable under clause 16 in respect of an amount so paid .

Interest

16. (1)   The State Government shall pay to the Australian Government interest at the rate provided in this clause in respect of each advance or payment made to the State Government under clause 12 or clause 13 calculated from the date on which the advance or payment was made on so much of the advance or payment as for the time being has not been repaid by the State Government under the last preceding clause or, in the case of an advance, refunded to the Australian Government under sub-clause (2) of clause 12.

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

(3)   The rate at which interest is payable under this clause shall be the rate that is equivalent to the rate of yield to maturity of the long term loan of the last loan raising by the Australian Government in Australia for public subscription prior to the date on which the relevant advance or payment was made.

(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 cent in accordance with sound actuarial practice, that the yield from the interest payable by the Australian Government in respect of the relevant loan represents having regard to the issue price and the period of maturity of the loan.

( Alternative clauses 15 and 16 which may be adopted if a State so elects )

Interest

15. (1)   Interest at the rate provided in this clause shall accrue in respect of each advance or payment made to a State Government under clause 12 or clause 13 calculated from the date on which the advance or payment was made on so much of the advance or payment as for the time being has not been repaid by the State Government under the next succeeding clause or, in the case of an advance, refunded to the Australian Government under sub-clause (2) of clause 12.

(2)   Interest that accrues under this clause in respect of an advance or a payment shall be calculated as at, and shall be payable by the State Government on, each fifteenth day of January and of July up to and including the fifteenth day of January or of July immediately preceding the date on which repayments commence in respect of that advance or payment in accordance with clause 16.

(3)   Interest that accrues under this clause after the fifteenth day of January or of July immediately preceding the date on which repayments commence in respect of an advance or of a payment in accordance with clause 16 shall be payable by the State Government as provided in that clause.

(4)   The rate at which interest accrues under this clause shall be the rate that is equivalent to the rate of yield to maturity of the long term loan of the last loan raising by the Australian Government in Australia for public subscription prior to the date on which the relevant advance or payment was made.

(5)   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 cent in accordance with sound actuarial practice, that the yield of the interest payable by the Australian Government in respect of the relevant loan represents having regard to the issue price and the period of maturity of the loan.

Repayments by the State with Interest

16. (1)   Subject to the provisions of this clause, a State Government shall repay to the Australian Government each of the payments made under clause 13 and of the advances made to the State Government and not refunded under clause 12, together with the interest referred to in sub-clause (3) of clause 15, by sixty ( or alternatively eighty, if a State so elects ) equal consecutive half-yearly payments, the first payment in each case to be made on the fifteenth day of January or of July that next occurs after the expiration of twelve months from the date on which the payment or advance was made to the State Government and subsequent payments to be made on each succeeding fifteenth day of July and of January.

(2)   The amount of a half-yearly payment by the State Government provided for by the last preceding sub-clause shall not be reduced except by virtue of the succeeding provisions of this clause.

(3)   In addition to making half-yearly payments in accordance with sub-clause (1) of this clause, the State Government may on the fifteenth day of January or of July in any year, after having given the Treasurer notice in writing of at least one month of its intention to do so, pay to the Australian Government an amount of One hundred thousand dollars ($100,000) or a multiple thereof.

(4)   Interest shall accrue on an amount paid by the State Government under the last preceding sub-clause at the rate that is applicable in accordance with sub-clause (4) of clause 15 to the payment or advance to the State Government under this agreement with respect to which the amount is paid by the State, the interest to be calculated from the date of payment and compounded with half-yearly rests on each fifteenth day of January and of July.

(5)   When on any fifteenth day of January or of July the payment due by the State Government under sub-clause (1) of this clause exceeds the amount by which the unrepaid balance of the relevant payment or advance together with unpaid interest on the payment or advance up to and including that date exceeds the total of the amounts paid by the State Government to the Australian Government in accordance with sub-clause (3) of this clause with respect to that payment or advance together with interest accrued on those amounts up to and including that date under sub-clause (4) of this clause, the State Government shall pay to the Australian Government the amount of the second-mentioned excess in lieu of the amount of the payment due under sub-clause (1) of this clause, and no further payment shall be required to be made by the State Government to the Australian Government under this clause in respect of that payment or advance.

Estimates

17.   The State Government will prepare and submit to the Treasurer not later than the thirtieth day of April in each year, or by such other date or dates as the Treasurer may from time to time specify, statements showing the amounts, if any, that the State Government estimates it will request the Australian Government to provide under this agreement during the forthcoming financial year.

Financial Statements

18.   The State Government shall --

(a)   ensure that full accounts and records are kept of all financial transactions, work done, and plant, stores, materials and equipment used or disposed of, in connexion with the carrying out of the works comprised in the approved programme.

(b)   until such time as the total amount of the financial assistance to be provided to the State Government under this agreement has been provided by the Australian Government, furnish to the Treasurer, as soon as possible after the completion of each financial year in which there is expenditure on the approved programme, a financial statement, in a form satisfactory to the Treasurer, showing expenditure up to the preceding thirtieth day of June, the latest estimate of the complete cost, and the estimated amounts of annual expenditure necessary to complete the approved programme.

Audit

19. (1)   The accounts, books, vouchers, documents and other records of the State relating to the carrying out of the approved programme shall be subject to audit by the Auditor-General of the State or an auditor of the semi-governmental or other authority or instrumentality of the State duly appointed under the relevant law of the State relating to that authority or instrumentality.

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

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

(b)   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 or the relevant duly appointed auditor considers should be reported to the Treasurer.

PART IV -- GENERAL

Provision of Information

20.   The State Minister shall from time to time at the request of the Minister furnish to him such information as he may reasonably require in connexion with the approved programme.

Communications

21. (1)   A notification, request or other communication of the Minister or the Treasurer or of the State Minister or of the Treasurer of the State shall be deemed to be a sufficient communication for the purposes of this agreement if it is in writing signed by or on behalf of the relevant Minister.

(2)   Communications shall be effected and information and documents shall be provided as between the Australian Government and the State Government under or for the purposes of this agreement in such manner as is from time to time arranged between the Minister and the State Minister.

SCHEDULE

Clause 11

ALLOCATION OF FINANCIAL ASSISTANCE

Notes to the Sewerage Agreements Act 1973

Note 1

The Sewerage Agreements Act 1973 as shown in this compilation comprises Act No.   204, 1973 amended as indicated in the Tables below.

Table of Acts

Table of Amendments