Commonwealth Numbered Acts

SEWERAGE AGREEMENTS ACT 1973 No. 73, 1973 - SCHEDULE

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-
Sydney
Wollongong
Newcastle
Melbourne
Brisbane
Gold Coast
Adelaide
Perth
Hobart
Launceston
(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. Communica- tions.
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.
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SCHEDULE
Clause 11

ALLOCATION OF FINANCIAL ASSISTANCE

$
New South Wales . . . . . . . . . . . . . . . 11,200,000
Victoria . . . . . . . . . . . . . . . . . . 9,300,000
Queensland . . . . . . . . . . . . . . . . . 3,100,000
South Australia . . . . . . . . . . . . . . . 1,600,000
Western Australia . . . . . . . . . . . . . . 3,800,000
Tasmania . . . . . . . . . . . . . . . . . . 1,000,000
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