Commonwealth Consolidated Acts Commonwealth Consolidated ActsSection 3
AN AGREEMENT made the day of One thousand nine hundred and
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) by an agreement authorized by the
Western Australia Agreement (Ord River Irrigation) Act 1968 of the
Commonwealth and made between the Commonwealth and the State the twenty-fourth
day of June 1968 (in this agreement referred to as "the Principal Agreement")
the Commonwealth agreed to provide financial assistance to the State to assist
in the development of water resources in the Kimberley region of Western
Australia;
(B) the Principal Agreement provided that the works to be
undertaken by the State should consist of the works described in the Schedule
to the Principal Agreement for the construction of a dam on the Ord River and
associated irrigation and drainage facilities;
(C) the works described in
Part I and part of the works described in Part II of the Schedule to the
Principal Agreement have been undertaken by the State and financial assistance
has been granted by the Commonwealth to the State in accordance with the
provisions of the Principal Agreement;
(D) in order to further assist in the
development of water resources in the Kimberley region of Western Australia,
it is desirable that, in addition to the works described in the Schedule to
the Principal Agreement, certain works for the construction of crop handling
and processing facilities for produce from the Ord Irrigation Area should be
included in the works to be undertaken by the State;
(E) the Commonwealth and
the State have agreed that financial assistance should be provided by the
Commonwealth in respect of the carrying out of those additional works and that
the Principal Agreement should be amended to provide for that financial
assistance; and
(F) the Parliament of the Commonwealth has authorized the
execution on behalf of the Commonwealth of an agreement with the State to
amend the Principal Agreement in the form of this agreement and the grant of
financial assistance under section 96 of the Commonwealth of Australia
Constitution on the terms and conditions contained in the Principal Agreement
as amended by the agreement so made:
NOW IT IS HEREBY AGREED as follows:
1.
Clause 1 of the Principal Agreement is amended—
(a) by deleting "the
Minister for National Development" from the definition of "the Minister" and
substituting "the Minister for National Development and Energy";
(b) by
inserting after the definition of "the Minister" the following definition:
"
'the Minister for Finance' means the Minister for Finance 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
that Minister;"; and
(c) by deleting the definition of the "the Treasurer".
2. The Principal Agreement is amended by deleting "the Treasurer" wherever
appearing and substituting "the Minister for Finance".
3. Clause 6 of the
Principal Agreement is amended—
(a) by deleting the number "(1)" from
sub-clause (1);
(b) by deleting the reference to "sub-clause (2) of this
clause" and substituting "clause 7B of this agreement"; and
(c) by deleting
sub-clause (2).
4. Clause 7 of the Principal Agreement is amended by
inserting in sub-clause (1) after "State" (second occurring) "in respect of
the works described in Part II of the Schedule".
5. After clause 7 of the
Principal Agreement the following clauses are inserted:
"7A. Subject to
clause 7B of this agreement, the State shall repay to the Commonwealth so much
of the payments made by the Commonwealth under clause 3 of this agreement and
of the amounts advanced and not refunded under clause 4 of this agreement as
were made or advanced in respect of the works described in Part III of the
Schedule, and shall pay interest thereon, on such terms and conditions and, in
the case of interest, at such rate as shall be agreed upon, in writing, from
time to time between the Minister and the State Treasurer.
"7B. The State may
at any time, after giving to the Minister for Finance at least one month's
notice of its intention so to do, repay to the Commonwealth the whole or any
part not being less than One hundred thousand dollars of so much as remains
unpaid by the State of a payment or advance under clause 3 or 4 of this
agreement, together with the interest on the amount repaid accrued to the date
of repayment in accordance with clause 7 or clause 7A of this agreement, as
the case may be."
6. Clause 11 of the Principal Agreement is amended by
deleting "the Secretary to the Department of National Development and the
Secretary to the Department of the Treasury" and substituting "the Secretary
to the Department of National Development and Energy and the Secretary to the
Department of Finance".
7. The Schedule to the Principal Agreement is amended
by adding at the end thereof the following Part: