Commonwealth Numbered Acts

ALBURY WODONGA DEVELOPMENT ACT 1973 No. 189 of 1973 - SCHEDULE

SCHEDULE
Section 6

ALBURY-WODONGA AREA DEVELOPMENT AGREEMENT

AN AGREEMENT (to be called the 'Albury-Wodonga Area Development Agreement')
made this twenty-third day of October One thousand nine hundred and
seventy-three BETWEEN THE COMMONWEALTH OF AUSTRALIA of the first part, THE
STATE OF NEW SOUTH WALES of the second part and THE STATE OF VICTORIA of the
third part:

WHEREAS the Australian, New South Wales and Victorian Governments have agreed
that a new growth complex should be developed, as a joint project, in the
Albury-Wodonga Area and that amenities and services should be provided to
foster and serve that growth complex;

AND WHEREAS the intentions of the three Governments are-

# that a development corporation will bring about in the Area, by the
development of the growth complex, the creation of a city with a high quality
of environment, appropriately planned and developed having full regard to
human requirements and the involvement of the public, and
# that that development corporation will involve, as far as possible, the
established Australian, State and Local Government authorities in the
development of the growth complex:

NOW IT IS HEREBY AGREED by and between the parties to this agreement as
follows:-

PART I-GENERAL Definitions
1. In this agreement, unless the contrary intention appears-

'Approved Albury-Wodonga Development Plan' means a plan approved by the
Ministerial Council in accordance with sub-clause (6) of clause 9 hereof;

'Approved Financial Programme' means a financial programme approved by the
Ministerial Council in accordance with sub-clause (6) of clause 9 hereof;

'Australia' means the Commonwealth of Australia, and 'Australian' is used in a
corresponding sense;

'designated area' means a designated area the boundaries of which are declared
pursuant to sub-clause (4) of clause 3 hereof;

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

'land' includes an interest in land;

'State Act' means the Act of the Parliament of the State of New South Wales or
the Parliament of the State of Victoria approving this agreement and, if
amended, includes each of those Acts as amended and 'State Acts' means both
such Acts;

'State Corporation' means the Albury-Wodonga (New South Wales) Corporation or
the Albury-Wodonga (Victoria) Corporation referred to in clause 7 hereof and
includes any corporation succeeding either of those corporations and 'State
Corporations' means both those corporations including any of their successors;

'State Minister' means the New South Wales Minister or the Victorian Minister
who is a member of the Ministerial Council;

'the Area' means the Albury-Wodonga Area defined in clause 3 hereof;

'the Australian Act' means the Act of the Australian Parliament approving this
agreement and includes that Act as amended;

'the Australian Minister' means the Australian Minister who is a member of the
Ministerial Council;

'the Development Corporation' means the Albury-Wodonga Development Corporation
constituted by the Australian Act and includes any corporation succeeding that
corporation;

'the growth complex' means the integrated urban complex to be developed by the
extension of existing urban areas of Albury and Wodonga and the creation of
new urban areas within the Area;

'the Ministerial Council' means the Ministerial Council provided for in clause
4 hereof. Commencement
2. (1) This agreement, other than this sub-clause and sub-clauses (2), (5) and
(6) of this clause, shall have no force or effect and shall not be binding on
any of the parties hereto unless and until it is approved by the respective
Parliaments of Australia, the State of New South Wales and the State of
Victoria, but upon being so approved by those Parliaments, it shall be of full
force and effect and binding on the parties.

(2) The Australian, New South Wales and Victorian Governments will submit this
agreement for approval to their respective Parliaments as soon as practicable
after the date of this agreement.

(3) (a) Australia shall-

        (i)    provided for the execution by it of its obligations;

        (ii)   secure the execution by the Development Corporation of its
               obligations-

arising pursuant to this agreement.

   (b)  Each of the States shall-

        (i)    provide for the execution by it of its obligations;

        (ii)   secure the execution by the State Corporation constituted by
               legislation of the State of its obligations-

arising pursuant to this agreement.

(4) Each party hereto undertakes to use its best endeavours to secure, as a
joint project, the development of the growth complex in the Area in accordance
with the intentions of the three Governments expressed in the preamble hereto
and from time to time to submit legislation and to take administrative action
appropriate to enable the achievement of that purpose.

(5) The Australian Government agrees to include in the legislation submitted
to the Australian Parliament for the approval of this agreement provisions-

   (a)  constituting the Development Corporation and conferring on it, for the
        purposes of Australia, functions and powers appropriate to the
        purposes of this agreement;

   (b)  covering the exercise of the functions and powers of the Development
        Corporation and the discharge of its obligations under this agreement;

   (c)  covering the staff of the Development Corporation, its accounts and
        reports and other appropriate incidental matters.

(6) The Government of each of the States agrees to include in the legislation
submitted to the Parliament of the State for the approval of this agreement
provisions in such form as will enable the Development Corporation in
accordance with this agreement-

   (a)  to consult with planning authorities and to carry out investigations
        and to prepare non-statutory plans for the purpose of co-ordinated
        planning in the Area;

   (b)  to prepare, to supervise and to carry out statutory planning schemes
        and orders in the designated areas within the State; and

   (c)  to carry out and to supervise development (including construction) in
        that part of the Area within the State- for the purpose of giving
        effect to this agreement. Albury- Wodonga Area
3. (1) For the purposes of this agreement, the Albury-Wodonga Area means an
area of land in the State of New South Wales and the State of Victoria
approximately five thousand (5,000) square kilometres in total extent
contained within the boundaries set out in sub-clause (2) of this clause.

(2) The boundaries referred to in sub-clause (1) of this clause are lines
commencing and running as follows:

# commencing at the intersection of the Western boundary of the Shire of
Chiltern and the boundary of the States of Victoria and New South Wales,
thence Southerly by the Western boundaries of the Shires of Chiltern and
Beechworth and Easterly by the Southern boundary of the last mentioned Shire
to its junction with the Shires of Myrtleford and Yackandandah, thence
Easterly in a direct line to the most Southerly corner of Crown Allotment 5,
Section 13, Parish of Dederang

# thence Northerly by the Western boundary of Crown Allotment 5, a line across
a Government road and the Western boundary of Crown Allotment 4 thence
Westerly and Northerly by a Southern and Western boundary of Crown Allotment 2
thence Northerly along a line to House Creek

# thence generally Easterly and North-easterly by House Creek to the Western
boundary of Crown Allotment 6, Section B, thence Northerly, North-easterly and
Northerly by the Western boundaries of Crown Allotment 6 and Crown Allotment
5, Section B, and a line across a Government road to the Northern boundary of
the Parish of Dederang, thence by that boundary South-easterly, Northerly,
Easterly, South-easterly, North-easterly and Easterly to the Kiewa River

# thence further Northerly by the Kiewa River to a point in line with the
Southern boundary of Crown Allotment 7, Section M, Parish of Gundowring,
thence Easterly by a line across a river reserve and Crown Land and along the
Southern boundaries of Crown Allotment 7, and across a Government road, Crown
Allotment 8, Crown Allotment 8a and a further line across a Government road

# thence Easterly, Southerly and Easterly along the Southern boundary of Crown
Allotment 4 and continuing Easterly to the Eastern boundary of the Shire of
Yackandandah, thence Northerly by that boundary to the Southern boundary of
the Parish of Bolga

# thence generally Easterly by that Parish boundary to the Mitta Mitta River

# thence Northerly by the Mitta Mitta River to the Southern boundary of the
Parish of Bullioh, thence generally Easterly and Northerly by the Southern and
Eastern boundaries of the Parishes of Bullioh and Bungil to the most Northerly
boundary of the last named Parish and thence Westerly by that boundary to the
boundary between the States of Victoria and New South Wales

# thence North-westerly by the States' boundary to a point in line with the
Eastern boundary of the Parish of Wagra, County of Goulburn thence generally
Northerly by a line to the boundary of that Parish

# thence generally Northerly and North-westerly by part of the boundary of
that Parish to its intersection with the most Eastern boundary of the Parish
of Mullanjandra

# thence by part of the boundary of that Parish generally Northerly,
North-westerly and South-westerly to its intersection with the generally
North-eastern boundary of the Parish of Yambla

# thence by that boundary generally North-westerly to its intersection with
the generally Eastern boundary of the Parish of Gerogery

# thence by part of that boundary generally Northerly to its intersection with
the generally Southern boundary of the Parish of Castlestead, County of Hume

# thence generally Northerly and Westerly by the generally Eastern and
Northern boundaries of that Parish to the North-western corner of Portion 115
being also a point on the generally Northern boundary of the Shire of Hume

# thence by part of the boundary of that Shire generally South-westerly to its
intersection with the generally Eastern boundary of the Parish of
Burrumbuttock

# thence generally Westerly by the generally Northern boundary of that Parish
to the South-western corner of Portion 88, Parish of Hindmarsh, County of Hume

# thence by part of that boundary of that Shire of Hume generally
North-westerly to its Northernmost intersection with the generally Northern
boundary of the Parish of Goombargana

# thence by part of the boundary of that Parish generally South-westerly and
Southerly to its intersection with the generally Northern boundary of the
Parish of Richmond

# thence Southerly by part of the most Western boundary of the aforesaid Shire
of Hume to its intersection with the generally Southern boundary of the Parish
of Richmond

# thence by part of that boundary of that Parish generally Easterly to its
intersection with the generally Western boundary of the aforesaid Shire of
Hume

# thence by part of that boundary of that Shire generally Southerly to its
intersection with the Northernmost boundary of the Parish of Quat Quatta

# thence by part of the boundaries of that Parish Westerly and Southerly to
its intersection with the generally Southern boundary of the Parish of
Kentucky

# thence again on the West by part of the boundary of the aforesaid Shire of
Hume generally Southerly to its intersection with the boundary between the
States of New South Wales and Victoria

# thence generally Easterly and South-easterly by the States' boundary to the
point of commencement.

(3) A reference in the previous sub-clause to a boundary of a County, Shire,
Parish, Crown Allotment or Section is a reference to the boundary as it exists
at the date of this agreement.

(4) For the purposes of this agreement, a designated area is land within the
Area specified or described in a declaration on or before the thirtieth day of
June One thousand nine hundred and seventy-four and to be known by a name (if
any) specified in that declaration.

(5) A declaration pursuant to sub-clause (4) of this clause is a declaration
by proclamation-

   (a)  in the case of land in the State of New South Wales, by the Governor
        of that State with the prior approval of the Governor-General and the
        Governor of the State of Victoria.

   (b)  in the case of land in the State of Victoria, by the Governor of that
        State with the prior approval of the Governor-General and the Governor
        of the State of New South Wales.

(6) In sub-clause (5) of this clause-

   (a)  a reference to the Governor-General is a reference to the person who
        is, at the date of the giving of the relevant approval, the
        Governor-General of Australia, or the person administering the
        Government of Australia, acting with the advice of the Federal
        Executive Council;

   (b)  a reference to the Governor of the State of New South Wales is a
        reference to the person who is, at the date of the relevant
        proclamation or the giving of the relevant approval as the case may
        be, the Governor of that State, or the person lawfully administering
        the Government of New South Wales, acting with the advice of the
        Executive Council of that State; and

   (c)  a reference to the Governor of Victoria is a reference to the person
        administering the Government of Victoria with the advice of the
        Executive Council of that State at the date of the relevant
        proclamation or the giving of the relevant approval, as the case may
        be.

PART II-ORGANIZATION Ministerial Council
4. (1) For the purposes of this agreement there shall be a Ministerial Council
consisting of three members-an Australian Minister, a New South Wales Minister
and a Victorian Minister.

(2) (a) The members of the Ministerial Council will be the Australian Minister
for Urban and Regional Development, the New South Wales Minister for
Decentralisation and Development and the Victorian Minister for State
Development and Decentralization.

   (b)  Notwithstanding the immediately preceding paragraph, a Government may
        arrange with the other two Governments for a Minister holding another
        portfolio in that Government to be its representative on the
        Ministerial Council.

(3) In sub-clause (2) of this clause a reference to a Minister who is a member
of the Ministerial Council is a reference to a person who is, at the relevant
time, that Minister and includes a Minister for the relevant time being acting
for and on behalf of such a person.

(4) The Ministerial Council has, subject to and for the purposes of this
agreement-

   (a)  the function of generally supervising the development of the growth
        complex;

   (b)  such other functions as are given to it by this agreement or by or
        under the Australian Act or a State Act.

(5) The Ministerial Council shall meet at such times as it sees fit and shall,
subject to this agreement, determine its own procedure.

(6) A resolution before the Ministerial Council will be carried if, and only
if, all three members vote in favour of it.

(7) Each of the members of the Ministerial Council shall be informed forthwith
in writing of each of the decisions made at meetings of the Development
Corporation. Development Corporation
5. (1) The Albury-Wodonga Development Corporation will be a corporation
aggregate consisting of five members of whom three-the Chairman and the two
Deputy Chairmen-will be executive members and two will be part-time members,
appointed by the Governor-General, or the person who is at the date of the
relevant appointment the person administering the Government of Australia,
acting with the advice of the Federal Executive Council, and holding office-

   (a)  on such terms and conditions as are set out in the Australian Act; and

   (b)  subject to that Act, such other terms and conditions as are determined
        from time to time by the Ministerial Council.

(2) The Chairman will be appointed on the recommendation of the Australian
Minister and, subject to any provisions in the Australian Act concerning his
removal from office, will hold office for such period not exceeding seven
years as is specified in the instrument of his appointment and will be
eligible for reappointment.

(3) Each Deputy Chairman will be appointed on the recommendation of the
Australian Minister, one on the nomination of each State Minister and, subject
to any provisions in the Australian Act concerning his removal from office,
will hold office for such period not exceeding five years as is specified in
the instrument of his appointment and will be eligible for reappointment.

(4) Each of the two part-time members, representing the State of New South
Wales and the State of Victoria respectively, will be appointed on the
recommendation of the Australian Minister-

   (a)  following upon his election in accordance with electoral arrangements
        to be determined by the Ministerial Council; but

   (b)  until such electoral arrangements have been made and brought into
        operation, following upon his selection by the Ministerial Council
        from a group of persons nominated on a basis to be determined by the
        Ministerial Council by the Council of the City of Albury, the Council
        of the Rural City of Wodonga, the Council of the United Shire of
        Beechworth, the Towong Shire Council, the Hume Shire Council, the
        Yackandandah Shire Council and the Chiltern Shire Council
        respectively.

(5) The executive members will be responsible for the detailed day-to-day
management and activities of the Development Corporation.

(6) The part-time members will participate fully in meetings of the
Development Corporation which they attend but will not participate directly in
the detailed day-to-day management and activities of the Development
Corporation.

(7) A quorum of the Development Corporation shall be constituted by three
persons.

(8) In the absence of the Chairman, a Deputy Chairman will preside at meetings
of the Development Corporation. Where the Chairman is absent from such a
meeting, the Deputy Chairman to preside will be determined in accordance with
the procedure determined for the purpose by the Development Corporation.

(9) Questions arising at a meeting of the Development Corporation will be
determined by a majority of votes of the members present and voting.

(10) Subject to this sub-clause, each member will have one vote in respect of
each question put at a meeting of the Development Corporation at which he is
present. Where there is an equality of votes the Chairman or presiding
Deputy Chairman as the case may be shall have a casting vote as well as a
deliberative vote.

(11) Subject to any directions given by the Ministerial Council, a member of
the Development Corporation may request the Development Corporation to refer
any matter with which the Development Corporation is concerned to the
Ministerial Council for consideration and decision and the Development
Corporation shall comply with such a request.

(12) Subject to this agreement, the functions of the Development Corporation
will be to do all things necessary or convenient to be done for or in
connexion with the development of the growth complex and without limiting the
generality of the foregoing the Development Corporation will:

   (a)  carry out and supervise development works including-

        (i)    buildings and structures of all kinds;

        (ii)   gardens and plantations;

        (iii)  roads and streets and associated lighting, parking areas,
               footpaths, guttering, ramps, and all things necessary for the
               control of traffic by vehicles, pedestrians and animals;

        (iv)   bridges and associated works;

        (v)    works for the supply and reticulation of water, electricity and
               gas;

        (vi)   sewerage, sewage treatment works and drainage works;

        (vii)  levees and river protection works;

        (viii) wharves, jetties, marinas and ferries;

        (ix)   public amenities including baths, bathing areas and other areas
               for sport and recreation; and

        (x)    all other works for or incidental to the foregoing;

   (b)  negotiate with Australian, State and Local Government authorities for
        the purpose of arranging or providing services and facilities in the
        growth complex;

   (c)  construct shops, offices and factories to be made available to a State
        Corporation for use on a commercial basis in conjunction with State
        authorities;

   (d)  create job opportunities by encouraging the setting up of industries
        and other investment in the growth complex;

   (e)  carry out other functions of a promotional character determined from
        time to time by the Ministerial Council.

(13) Where at any time a State statutory body is unable to carry out any work
in accordance with the relevant current Approved Albury-Wodonga Development
Plan, or such Plan as amended as the case may be, the Ministerial Council may
direct that the work be carried out by the Development Corporation and, where
the Ministerial Council so directs, the funds to meet the cost of carrying out
that work will be provided from the source shown in that Plan as the source of
the funds to meet that expenditure.

(14) The Development Corporation shall, as far as possible, consult and have
regard to the views of the relevant Australian and State officers, Departments
and statutory bodies in relation to the development of the growth complex.

(15) Where such an officer or a Department or body has a discretion to
determine a matter which relates to the development of the growth complex and
agreement is not reached as a result of the consultations in relation to that
matter between him or it and the Development Corporation, the matter shall be
referred by the Development Corporation through the Australian Minister or
relevant State Minister as the case requires to the Ministerial Council to
enable the appropriate steps to be taken to resolve the disagreement.

(16) The Ministerial Council may give directions to the Development
Corporation concerning the performance of its functions, the exercise of its
powers and its procedure, and the Development Corporation shall comply with
those directions. Staff of Development Corporation
6. (1) The terms and conditions of employment of officers and employees of the
Development Corporation will be determined as provided for in the Australian
Act.

(2) The Australian and State Governments will arrange, as appropriate, that
officers and employees of their respective Public Services, instrumentalities
and authorities will be available for employment, on a permanent or temporary
basis, as officers or employees of the Development Corporation.

(3) The Development Corporation will be authorized to arrange for members of
its staff to perform work on a full-time or a part-time basis on behalf of
other statutory bodies concerned with the development of the growth complex.

(4) The staff establishment of the Development Corporation shall be as
approved from time to time by the Ministerial Council. State Corporations
7. (1) There will be two State Corporations, namely-

   (a)  the Albury-Wodonga (New South Wales) Corporation constituted by an Act
        of the Parliament of the State of New South Wales; and

   (b)  the Albury-Wodonga (Victoria) Corporation constituted by an Act of the
        Parliament of the State of Victoria, each of which will be a
        corporation aggregate consisting of three members appointed by the
        Governor of the constituting State and holding office on
        terms and conditions set out in the relevant Act.

(2) In sub-clause (1) of this clause, the reference to the Governor is a
reference-

   (a)  in the case of the State of New South Wales, to the person who is, at
        the date of the relevant appointment, the Governor of that State, or
        the person lawfully administering the Government of New South Wales,
        acting with the advice of the Executive Council of that State; and

   (b)  in the case of the State of Victoria, to the person who is, at the
        date of the relevant appointment, administering the Government of
        Victoria with the advice of the Executive Council of that State.

(3) The three members will, in each case, comprise-

   (a)  a Chairman who will be appointed on the recommendation of the State
        Minister of the constituting State;

   (b)  two Deputy Chairmen each of whom will be appointed on the
        recommendation of that State Minister on the nomination of the
        Australian Minister and the State Minister of the other State
        respectively.

(4) The Chairman shall be subject in all respects to the control and direction
of the relevant State Minister in the exercise and discharge of his
responsibilities, powers, authorities, duties and functions.

(5) Each member will hold office-

   (a)  for such period not exceeding:

        (i)    in the respective cases of the Chairman and the Deputy Chairman
               nominated by the other State, five years; and

        (ii)   in the case of the Deputy Chairman nominated by the Australian
               Minister, seven years

as is specified in the instrument of his appointment;

   (b)  on such terms and conditions as are set out in the relevant Act of the
        constituting State; and

   (c)  subject to that Act, on such other terms and conditions as are
        determined from time to time by the Ministerial Council.

(6) A quorum of a State Corporation shall be constituted by two members.

(7) In the absence of the Chairman, a Deputy Chairman shall preside at
meetings of the State Corporation. Where the Chairman is absent from such a
meeting, the Deputy Chairman to preside will be determined in accordance with
principles agreed to by the State Corporation.

(8) Questions arising at a meeting of a State Corporation will be determined
by a majority of votes of the members present and voting.

(9) Subject to this sub-clause, each member of a State Corporation shall have
one vote in respect of each question put at a meeting of the Corporation at
which he is present. Where there is an equality of votes, the Chairman or
presiding Deputy Chairman as the case may be shall have a casting vote as well
as a deliberative vote.

(10) The Ministerial Council may give directions to a State Corporation
concerning the performance of its functions and the exercise of its powers and
its procedure, and the State Corporation shall comply with those directions.

(11) In this clause, 'the constituting State' means the State by the Act of
whose Parliament the relevant State Corporation was constituted. Consultative
Council
8. (1) For the purposes of this agreement, there shall be a Consultative
Council constituted, subject to sub-clause (2) of this clause, as determined
from time to time by the Ministerial Council.

(2) Initially the Consultative Council shall consist of sixteen members
namely-

   (a)  a Chairman, who shall be the Chairman or a Deputy Chairman of the
        Development Corporation ex officio as the Development Corporation may
        from time to time determine;

   (b)  seven members appointed by the Ministerial Council from persons
        nominated by such Local Government authorities and on such bases as
        are determined by the Ministerial Council provided that the seven
        members shall include three members, one of each of whom is nominated
        respectively by the Council of the City of Albury, the Council of the
        Rural City of Wodonga and the Hume Shire Council;

   (c)  eight members appointed by the Ministerial Council being persons
        resident in the Area who are, in the opinion of the Ministerial
        Council, actively interested in community affairs and representative
        of a wide and varied range of community interests.

(3) Each member referred to in sub-clause (2) of this clause, other than the
Chairman, shall be a member for a period of three years from the date of his
appointment unless the Ministerial Council directs that his membership shall
be for a lesser period or shall be terminated.

(4) The functions of the Consultative Council are to advise the Development
Corporation in relation to the development of the growth complex in respect
of-

   (a)  any matter coming within the scope of the functions of the Development
        Corporation of direct consequence to the existing or future
        inhabitants of any designated area in relation to which matter the
        Consultative Council considers it desirable to tender advice; and

   (b)  any matter upon which the Development Corporation requests the advice
        of the Consultative Council.

(5) Subject to any directions of the Ministerial Council, the procedure of the
Consultative Council shall be as determined by the Consultative Council but
the meetings of the Consultative Council shall, as far as possible, be held in
public.

(6) The Ministerial Council may determine the type and rates of allowances (if
any) to be paid to members or categories of members of the Consultative
Council.

(7) The Development Corporation shall make suitable arrangements for
secretarial services for and meetings of the Consultative Council.

PART III-DEVELOPMENT PLAN AND GENERAL FINANCIAL ARRANGEMENTS Development Plan
and Financial Programme
9. (1) The Development Corporation shall prepare and submit for consideration
to the Ministerial Council each year by a date determined by the Ministerial
Council a comprehensive proposed forward plan for development of the growth
complex (to be called 'the Proposed Albury-Wodonga Development Plan' for the
period to which it relates and in this clause referred to as 'the Plan')-

   (a)  covering-

        (i)    development in the public sector (being development by each of
               the three Governments, Australian and State statutory bodies
               and Local Government authorities) and development in the
               private sector (being development by private persons and
               corporations) during the following five financial years; and

        (ii)   the provision of facilities and services of a high standard in
               keeping with the intentions of the three Governments expressed
               in the preamble hereof by such times as the relevant stage of
               development requires;

   (b)  including statements of estimated expenditure necessary to give effect
        to the Plan in respect of each of the five financial years to which
        the Plan relates and, in the case of the public sector, particulars of
        the sources of the funds to meet that expenditure and the amounts of
        funds from each source;

   (c)  based on a rate of growth agreed to from time to time by the
        Ministerial Council; and

   (d)  in such form and containing such categories of information as are
        determined from time to time by the Ministerial Council.

(2) (a) The statements referred to in paragraph (b) of sub-clause (1) of this
clause that relate to the public sector shall include in summary form
statements of estimated expenditure by the Development Corporation and the
State Corporations.

   (b)  In preparing the Plan, the Development Corporation shall, in relation
        to any proposed works which are within the functions of an Australian
        or a State authority, ascertain whether that authority will be in a
        position to carry out the works to be proposed in the Plan and, if the
        authority indicates that it will be able to do so subject to funds
        being available, the Development Corporation shall specify in the Plan
        that the works will be carried out by that authority.

(3) The Development Corporation in conjunction with the State Corporations
shall prepare and submit for consideration to the Ministerial Council each
year with the Plan-

   (a)  a draft financial programme in respect of the next ensuing financial
        year covering, in detail, estimated revenue and expenditure of the
        Development Corporation and the two State Corporations and in such
        form as is determined from time to time by the Ministerial Council;
        and

   (b)  where it appears, at the time when the draft financial programme
        referred to in paragraph (a) of this sub-clause is being prepared,
        that the amount of the estimated revenue of a State Corporation during
        the next ensuing financial year will be less than the amount of the
        estimated expenditure (including payments of interest on and
        repayments of loan moneys) of the State Corporation in that financial
        year-a special report setting out the action by way of the imposition
        of, or increases in, charges or otherwise which the Development
        Corporation recommends should be taken to reduce or eliminate the
        difference between those two amounts.

(4) The Ministerial Council shall each year promptly consider the Plan, the
draft financial programme and the special report (if any) after their receipt,
shall provisionally approve each of them with or without amendments and shall
cause a copy of each of them, as provisionally approved, to be sent to each of
the three Governments.

(5) The three Governments will each year consult in relation to the Plan, the
financial programme and the special report (if any) as provisionally approved
by the Ministerial Council-

   (a)  to determine the amounts of money that they will make available, or
        arrange to be made available, in respect of the next ensuing financial
        year for the purposes of the public sector of that Plan and that
        financial programme;

   (b)  to establish how far each endorses the proposals, in respect of each
        of the four financial years thereafter, in that part of the public
        sector of the provisionally approved Plan applicable to it; and

   (c)  if a special report has been received, to decide the rates of rents
        and charges that should be fixed by the State Corporations.

(6) Thereafter by an appropriate date, the Ministerial Council shall, in the
light of the decisions of the Governments pursuant to sub-clause (5) of this
clause, review the Plan, the financial programme and the special report (if
any) as provisionally approved pursuant to sub-clause (4) of this clause and
approve:

   (a)  a plan covering development during the five financial years to which
        the provisionally approved Plan related, to be called the 'Approved
        Albury-Wodonga Development Plan' for those five financial years and
        superseding all previous Approved Albury-Wodonga Development Plans
        including amendments of such Plans;

   (b)  a financial programme for the Development Corporation and the two
        State Corporations in respect of the financial year to which the
        provisionally approved financial programme related to be called the
        'Approved Financial Programme' for that financial year; and

   (c)  the rates of rents and charges that the three Governments have decided
        (if any) should be fixed by the State Corporations.

(7) (a) the Ministerial Council shall during each financial year keep under
review the current Approved Albury-Wodonga Development Plan and the Approved
Financial Programme for the current financial year.

   (b)  If, in the opinion of the Ministerial Council, circumstances arise
        which warrant reconsideration by the three Governments of that
        Approved Albury-Wodonga Development Plan or that Approved Financial
        Programme, the Ministerial Council may make appropriate submissions to
        the three Governments.

   (c)  Any of the three Governments may, of its own initiative, request the
        two other Governments to consult with a view to reaching agreement on
        a variation of that Approved Albury-Wodonga Development Plan or that
        Approved Financial Programme and the parties will consult accordingly.

   (d)  If, following a submission in accordance with paragraph (b) of this
        sub-clause or of consultation pursuant to paragraph (c) of this
        sub-clause, the three Governments agree to such a variation, the
        Ministerial Council shall accordingly amend, and approve as so
        amended, the current Approved Albury-Wodonga Development Plan or the
        Approved Financial Programme or both, as the case may be.

   (e)  Where an amount of money is made available for the purpose of an item
        or items in an Approved Financial Programme under conditions that, if
        during the financial year to which that Programme relates that amount
        is not wholly expended, the unexpended balance of that amount may be
        applied, in whole or in part, in that financial year for expenditure
        for the purposes of another item or other items in that Programme in
        circumstances specified by the Government or Governments making
        available that money, or arranging for it to be made available, the
        Ministerial Council may approve, or may in an appropriate case
        authorize the Development Corporation, subject to any
        terms and conditions specified by the Ministerial Council, to approve,
        amendments to that Programme to give effect to those conditions
        according to their terms.

   (f)  (i) A reference in paragraphs (a), (b), (c) or (d) to an Approved
        Albury-Wodonga Development Plan or an Approved Financial Programme
        includes a reference to such a Plan as amended in accordance with this
        sub-clause or such a Programme as so amended.

        (ii)   Where an amendment or further amendment is made pursuant to
               paragraph (d) or (e) of this sub-clause, the amended Approved
               Albury-Wodonga Development Plan or amended Approved Financial
               Programme, as the case may be, shall have the word '(Amended)'
               included in its title and amended versions shall be numbered
               consecutively.

(8) Provision of, or arrangements for the provision of, funds to be made
available in accordance with sub-clause (5) of this clause will be made-

   (a)  by the Australian Government-

        (i)    for facilities and services ordinarily provided by the
               Australian Government; and

        (ii)   on terms and conditions to be agreed by the parties hereto, for
               direct capital expenditure by the Development Corporation and
               the State Corporations and to meet developmental expenses of
               the Development Corporation referred to in sub-clause (2) of
               clause 10 to the extent to which that expenditure and those
               expenses are not met from the moneys set out in sub-clause (9)
               of this clause;

   (b)  by the parties in equal shares to meet the administrative expenses of
        the Development Corporation referred to in sub-clause (6) of clause 10
        hereof;

   (c)  by a party or parties hereto to be agreed between them from time to
        time to meet expenditure in respect of services carried on by a State
        Corporation to the extent to which that expenditure cannot be met from
        revenues available to the State Corporation;

   (d)  by the State Governments or State statutory bodies in relation to
        their respective States-for all other items in the Approved
        Albury-Wodonga Development Plan (or such Plan as amended) current at
        the relevant time.

(9) The moneys referred to in sub-paragraph (ii) of paragraph (a) of
sub-clause (8) of this clause are-

   (a)  loan moneys borrowed by the Development Corporation otherwise than
        from a party hereto;

   (b)  moneys by way of subventions of a capital nature by a State in respect
        of municipal-type facilities in accordance with general State policy;

   (c)  moneys (if any) made available to the Development Corporation from
        revenues received by a State Corporation; and

   (d)  moneys in respect of items in the relevant current Approved
        Albury-Wodonga Development Plan (including amendments thereof)
        provided to the Development Corporation acting as the agent of a State
        Government or State statutory body.

(10) The Development Corporation and each State Corporation shall comply with-

   (a)  each current Approved Albury-Wodonga Development Plan or with such a
        Plan as amended as the case may be;

   (b)  the Approved Financial Programme for each financial year or with such
        a Programme as amended as the case may be; and

   (c)  financial policies determined by the Ministerial Council.

(11) The programme covering the commencement of the development of the growth
complex during the financial year 1973/74 and the sources of the funds to
cover that programme shall be as agreed between the three Governments.
Operating Expenses of Development Corporation
10. (1) (a) Subject to paragraph (b) of this sub-clause, the expenses of
operating the Development Corporation, the State Corporations and the
Consultative Council (in this Agreement referred to as 'operating expenses'),
as distinct from direct capital expenditure by any of those corporations,
shall be borne by the Development Corporation.

   (b)  Operating expenses, as defined in paragraph (a) of this sub-clause,
        shall not include expenditure in respect of services carried on by a
        State Corporation.

(2) Operating expenses shall be classified into-

   (a)  developmental expenses; and

   (b)  administrative expenses.

(3) In respect of the financial years 1973/74, 1974/75 and 1975/76,
developmental expenses will comprise expenditure-

   (a)  by way of salaries, wages and allowances paid to, and superannuation
        payments made in respect of-

        (i)    professional and ancillary staff concerned with the delineation
               of land for development, physical planning of, design in
               relation to, and supervision of construction in the growth
               complex;

        (ii)   staff concerned in the activities of the State Corporations,

and, to the extent determined by the Ministerial Council,

        (iii)  the members of the Development Corporation;

   (b)  in relation to the rendering of services by consultants to the
        Development Corporation or a State Corporation; and

   (c)  any other expenditure related to the activities of the staff and
        members referred to in paragraph (a) of this sub-clause determined by
        the Ministerial Council to be developmental expenses.

(4) Not later than the fifteenth day of April 1976 or such later date as
agreed between the three Governments, the three Governments will consult to
determine whether, and if so which, additional elements of operating expenses
are to be included in developmental expenses.

(5) Developmental expenses shall be met from funds made available by way of
loan, grant or otherwise to the Development Corporation for capital
expenditure and shall be treated as part of the capital cost of the assets to
which they relate.

(6) Administrative expenses shall comprise all operating expenses that are not
developmental expenses. Accounts of Corporations
11. (1) The Development Corporation and each of the State Corporations shall
cause to be kept proper accounts and records of their respective transactions
and affairs in accordance with appropriate accounting principles and each
shall do all things necessary to ensure that all payments out of its moneys
are correctly made and properly authorized and that adequate control is
maintained over the assets belonging to it or in its custody or control and
over the incurring of liabilities by it.

(2) The Development Corporation shall each year cause to be prepared in
respect of the immediately preceding financial year, by a date and in a form
determined by the Ministerial Council, a consolidated statement of revenue
received and expenditure incurred by the Development Corporation and the State
Corporations during that financial year and shall submit them to the
Ministerial Council as directed by it. Revenue and Repayment of Loans
12. (1) All revenues payable in respect of the use of land vested in a State
Corporation or of buildings or other works responsibility for which has passed
to a State Corporation shall be payable to that State Corporation until other
arrangements are made in that behalf by the parties hereto.

(2) Until such arrangements are made, a State Corporation shall be responsible
for the repayment of the principal of and interest on all loans made to it and
to the Development Corporation, in relation to the State, for the purposes of
this agreement.

(3) The three Governments will consult as necessary for the purpose of making
appropriate arrangements to ensure, by means of charges between the State
Corporations or otherwise, that the income of each State Corporation is, as
far as possible, commensurate with its obligations to make payments of
interest on, and repayments of instalments of, loan capital repayable by it.

(4) Where, in respect of a financial year, a State Corporation fixes rents and
charges at rates approved by the Ministerial Council and subsequently agreed
between the three Governments and the net revenues of the State Corporation
available for payment to the State Government are insufficient to meet the
obligations of the State in relation to loan moneys made available, from loan
moneys provided by the Australian Government, by the State Government to the
Development Corporation and the State Corporation pursuant to this Agreement-

   (a)  the Australian Government will not require the State Government to pay
        in that financial year any amount in excess of those net revenues;

   (b)  the outstanding amount will be carried forward as a commitment of the
        State against the next financial year as though it were a loan made by
        the Australian Government to the State on the first day of that
        financial year and repayable, subject to paragraph (c) of this
        sub-clause, on the terms and conditions agreed when the relevant loan
        moneys were made available; and

   (c)  the three Governments will consult to determine whether the
        outstanding balance should be dealt with otherwise than on the basis
        referred to in paragraph (b) of this sub-clause.

PART IV-RESPONSIBILITY FOR ASSETS Responsibility of Corporations for Sites and
Buildings
13. (1) The Development Corporation shall, during the period of construction,
have possession of each building or other work that it constructs or arranges
to have constructed and the site of each such building or other work.

(2) Upon completion of a building or other work or separable part thereof
which has been constructed on land vested in a State Corporation, the
Development Corporation shall give to that State Corporation a Certificate of
Practical Completion in respect of the building or work or part thereof as the
case may be and thereupon the State Corporation shall, subject to this
agreement, become responsible for the building, work or part thereof and its
site.

IN WITNESS WHEREOF this agreement has been respectively signed for and on
behalf of the parties hereto on the day and year first abovewritten.

SIGNED by the Honourable EDWARD GOUGH WHITLAM, Prime Minister of Australia,
in the presence of-           E. G. WHITLAM


TOM UREN Minister for Urban and Regional Development

SIGNED by the Honourable SIR ROBERT ASKIN, Premier of the State of New South
Wales, in the presence of-        R. W. ASKIN


JOHN B. FULLER, Minister for Decentralisation and Development, N.S.W.

SIGNED by the Honourable RUPERT JAMES HAMER, Premier of the State of Victoria,
in the presence of- R. J. HAMER

L. E. STONE Mayor Rural City of Wodonga
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