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STATES GRANTS (URBAN PUBLIC TRANSPORT) ACT 1974 No. 45, 1974 - SCHEDULE
SCHEDULE
Section 3
AN AGREEMENT made the Twenty ninth day of March One thousand nine hundred and
seventy-four between-
THE GOVERNMENT OF THE COMMONWEALTH OF AUSTRALIA (in this Agreement called 'the
Australian Government') of the first part,
THE GOVERNMENT OF THE STATE OF NEW SOUTH WALES of the second part,
THE GOVERNMENT OF THE STATE OF VICTORIA of the third part,
THE GOVERNMENT OF THE STATE OF QUEENSLAND of the fourth part,
THE GOVERNMENT OF THE STATE OF SOUTH AUSTRALIA of the fifth part,
THE GOVERNMENT OF THE STATE OF WESTERN AUSTRALIA of the sixth part, and
THE GOVERNMENT OF THE STATE OF TASMANIA of the seventh part, (each of which
Governments of the States is in this Agreement called a 'State Government' and
all of which that are for the time being parties to this agreement are
referred to as 'the State Governments')
WHEREAS-
(a) in order to assist the orderly development of the major cities of
Australia and to improve the standard of living of their citizens, it
is desirable that the quality, capacity, efficiency and frequency of
the public transport systems in those cities be improved;
(b) to achieve that improvement it is necessary for various projects to be
undertaken;
(c) certain projects have been proposed by the State Governments for that
purpose and are considered by the Australian Government to offer
sufficient economic and social benefits to warrant the provision of
financial assistance to enable them to be carried out;
(d) it is anticipated that various other projects will be proposed by
State Governments for consideration by the Australian Government with
a view to the provision of financial assistance in respect of those
projects in accordance with this Agreement;
(e) the Parliament of the Commonwealth of Australia will be requested to
approve this Agreement and to authorize the grant of financial
assistance to the States to the extent and upon the terms and
conditions provided for by this Agreement: NOW IT IS HEREBY AGREED as
follows:
PART I-PRELIMINARY Commencement of Agreement
1. (1) This Agreement shall have no force or effect and shall not be binding
upon any party until it has been approved by the Parliament of the
Commonwealth of Australia.
(2) Subject to sub-clause (1) of this clause, this Agreement shall come into
force in respect of the Australian Government and of a State Government when
it has been executed on behalf of the Australian Government and of the State
Government. Operation as to States
2. Notwithstanding that in this Agreement the Governments of all the States
are named as parties, this Agreement shall operate as an agreement between the
Australian Government and the State Government or Governments in respect of
which it comes into force as fully and effectually as if the Governments in
respect of which it comes into force were the only Governments named as
parties. Performance of Agreement
3. Each Government in respect of which this Agreement comes into force will
provide for and secure the carrying out of this Agreement by it and its
authorities and instrumentalities. Definitions
4. In this Agreement, unless a contrary intention appears-
'approved' in relation to a project or to an estimate means approved or deemed
to be approved under Part II of this Agreement;
'clause' means clause of this Agreement;
'financial year' means a period of twelve months ending on the thirtieth day
of June;
'major city' means an area designated by the Commonwealth Statistician, for
the purposes of Census taken in the year 1971, as-
(a) the Sydney Statistical Division;
(b) the Melbourne Statistical Division;
(c) the Brisbane Statistical Division;
(d) the Adelaide Statistical Division;
(e) the Perth Statistical Division; or
(f) the Hobart Statistical Division;
and includes such other areas as may be agreed between the Australian
Government and a State Government;
'project' means a project referred to in clause 6 of Part II of this
Agreement;
'the Minister' means the Minister for Transport of the Australian Government;
'the State Minister' means the Minister of State of a State Government having
administrative responsibility for this Agreement;
'the Treasurer' means the Treasurer of the Australian Government. References
to Ministers
5. 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 relevant State, as the
case may be, for the time being acting for and on behalf of that Minister.
PART II-APPROVAL OF PROJECTS Applications
6. (1) Where a State Government proposes to carry out a project to improve the
quality, capacity, efficiency or frequency of the public transport system of a
major city in respect of which it desires financial assistance to be provided
by the Australian Government under this Agreement, the State Minister may
submit the proposal to the Minister for approval for the purposes of this
Agreement.
(2) The projects set out in the Schedule to this Agreement shall be deemed to
have been the subject of applications by the relevant State Ministers under
this clause and to have been approved in accordance with the succeeding
provisions of this Part at the respective initial estimated costs set out in
respect of those projects in the Schedule. Investigation of Projects
7. (1) A project in respect of which an application has been made under
sub-clause (1) of clause 6 shall be the subject of such investigations as the
Australian Government considers necessary and are consistent with the nature
and objects of the project.
(2) Without derogating from the generality of sub-clause (1), the
investigations to be carried out may extend to economic and social
benefit/cost analysis, urban development aspects and environmental
consequences of the project.
(3) The State Government shall furnish such further information in respect of
projects being investigated and such assistance in carrying out the
investigations as is reasonably requested by the Australian Government.
(4) The information furnished by the State Government in respect of a project
shall include initial estimates of the cost of the project and any revised
initial estimates of costs that are prepared while the project is under
investigation. Approval of Projects
8. (1) When the Australian Government is satisfied that a project is one in
respect of which financial assistance under this Agreement should be provided,
the Minister shall inform the State Minister that the project is approved by
the Australian Government and specify the amount he understands has been
agreed between him and the State Minister as the estimated cost of the project
at which the project is approved for the purposes of this Agreement.
(2) The project shall not be taken to be approved under this Part unless and
until the State Minister notifies the Minister that the State Government
affirms the project as approved by the Australian Government and confirms that
he is in agreement that the amount specified by the Minister is the estimated
cost of carrying out the project.
PART III-COMPLETION OF APPROVED PROJECTS Planning of Approved Projects
9. Where and to the extent considered appropriate by the Minister, the State
Government shall, in respect of an approved project-
(a) prepare-
(i) a master plan of the approved project including descriptions,
completion programmes and appropriate procedures for
performance;
(ii) plans and specifications of the works included in the project;
(iii) estimates of the cost of carrying out the project (in addition
to the initial estimates referred to in clause 7 and including
revised estimates as appropriate); and
(b) furnish to the Minister as required by him copies of the master plan,
plans and specifications and estimates. Execution of Work
10. A State Government shall carry out or cause to be carried out the works
included in approved projects for which it is responsible in conformity with
sound engineering and financial practices and in accordance with this
Agreement. Variation and Discontinuance of Approved Projects
11. (1) An approved project may be varied at any time in such a manner and to
such an extent consistent with the fulfilment of the objectives of this
Agreement as is agreed by the Minister and the State Minister in or after
consultations that at the request of either will be held or arranged by them
for this purpose.
(2) If either the State Government concerned or the Australian Government
proposes that an approved project be deferred or discontinued, in whole or in
part, the State Minister or the Minister, as the case may be, shall notify the
other of the proposal and the Ministers shall consult as requisite to ensure
that due consideration is given to the proposal. Such action shall be taken
arising out of the proposal as is appropriate to the circumstances and is
agreed upon by the Ministers in the course of or having regard to these
consultations. Award of Contracts
12. (1) Except where the State Minister establishes to the satisfaction of the
Minister that it is undesirable to do so, a State Government through its
appropriate authorities shall invite tenders and, subject to sub-clause (2) of
this clause, let contracts for the carrying out of the work involved in an
approved project.
(2) The concurrence of the Minister shall be obtained before a contract is
awarded where the value of the contract exceeds two hundred and fifty thousand
dollars ($250,000) provided that if at the wish of the State Government a
contract is awarded to a tenderer other than the lowest acceptable tenderer,
the additional cost of carrying out the work by reason of the award of the
contract to the higher tenderer shall, subject to the provisions of this
Agreement, be borne-
(a) where the State Government considers that the lowest acceptable tender
should not be accepted and the Minister agrees-two thirds by the
Australian Government and one third by the State Government;
(b) where the Minister considers that the lowest acceptable tender should
be accepted but the result of the State proposal is that the contract
is awarded to the higher tenderer-by the State. Inspection of Work,
etc.
13. A State Government shall permit any officer or employee of the Australian
Government authorized by the Minister or such other person as might be
arranged between the Minister and State Minister at all reasonable times to
inspect any work involved in carrying out an approved project and to inspect,
take copies of or extracts from any plans, designs, tenders, or similar
documents relating to the approved project. Extra Work
14. A State Government shall be entitled, at its own expense, to carry out in
conjunction with an approved project such work other than that involved in
carrying out the approved project or such work to provide a capacity or
equipment in excess of that established under this Agreement in respect of the
approved project as the State Government considers necessary.
PART IV-FINANCE Financial Assistance
15. (1) Subject to compliance by the State Government with the provisions of
this Agreement, the Australian Government shall, in accordance with and
subject to the provisions of this Agreement, provide financial assistance by
way of non repayable grant to a State Government towards meeting expenditure
by the State Government in respect of an approved project during the financial
years commencing on 1 July in the years 1973, 1974, 1975, 1976 and 1977.
(2) The financial assistance shall be equivalent to two thirds of the
expenditure by the State Government in respect of the approved project
provided that-
(a) the expenditure shall not include any amounts to be borne by the State
under paragraph (b) of sub-clause (2) of clause 12;
(b) the total amount of the financial assistance shall not exceed two
thirds of the estimated cost of the project as provided in sub-clause
(2) of clause 6 or in clause 8 and two thirds of any variation of cost
in accordance with sub-clause (3) of clause 16.
(3) For the purposes of this clause and of sub-clause (2) of clause 18,
expenditure for which a State Government has become liable but has not
actually met prior to 1 July 1978 may be regarded as expenditure by the State
Government during a financial year referred to in sub-clause (1) provided that
the expenditure is met by the State Government within the period of 6 months
commencing on that date. Expenditure on Approved Projects
16. (1) For the purposes of clause 15 expenditure in respect of an approved
project means expenditure in carrying out the works included in an approved
project and includes the cost of the preparation of the master plan, plans and
specifications, and estimates and tender documents referred to in clause 9 and
administrative expenses directly related to the carrying out of the approved
project but does not include expenses that would have been or would be
incurred whether or not the works were carried out.
(2) In calculating expenditure by the State in respect of the approved project
there shall be credited the disposal value of land, plant, stores, materials
and equipment that-
(a) have been purchased for the approved project and-
(i) are not used;
(ii) are no longer required for carrying out the approved project;
or
(iii) are not necessary for the continued operation of the approved
project; or
(b) are rendered surplus as a result of the approved project.
(3) Notwithstanding that the estimated cost of an approved project as provided
in sub-clause (2) of clause 6 or in clause 8 is based on the cost of materials
and labour as at June, 1973 or any later date, the expenditure in respect of
the approved project for the purposes of this Agreement shall be subject to
any variation in cost which is established to the satisfaction of the Minister
and which has occurred after the approval of the initial or revised initial
estimate as a result of increases in the cost of labour and materials included
in the project as approved but not as a result of faulty planning or cost
estimation. Advances
17. (1) The Treasurer may, at such times and in such amounts as he thinks fit,
make advances on account of the payments that a State Government may become
entitled to receive under clause 18.
(2) An amount, or part of an amount advanced under this clause may be deducted
by the Australian Government from an amount that subsequently becomes payable
under clause 18 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 to
the State Government expenditure in respect of the relevant approved project.
Payments of Financial Assistance
18. (1) The Australian Government shall, at the request of the State
Government, from time to time and subject to the provisions of this Agreement
make payments to the State Government under this Agreement of the financial
assistance to be provided to it under this Agreement.
(2) Notwithstanding anything hereinbefore provided, the Australian Government
shall not be bound under this Agreement to make a payment of financial
assistance to a State Government in any financial year in respect of an
approved project which will result in the total amount of the payments made in
that financial year and in any previous financial years towards expenditure in
respect of the approved project as provided in clause 15, exceeding otherwise
than as provided in sub-clause (3) of clause 16-
(a) in respect of a project set out in the Schedule to this Agreement-the
sum of the estimated amounts of the Australian Government contribution
shown in the Schedule in relation to the project for that financial
year and for any previous financial years;
(b) in respect of any other approved project-the sum of amounts agreed
upon in writing by the Minister and the State Minister at the time the
project is approved as being the estimated amounts of the financial
assistance that are to be provided in relation to that project for
that financial year and for any previous financial years. Supporting
Financial Evidence
19. (1) A State Government shall furnish to the Treasurer such documents and
other evidence to justify the making of an advance under clause 17 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 18, as the Treasurer may at any time reasonably request, whether
the request is made before or after the Australian Government has made any
relevant advance or payment.
(2) Any statement of expenditure by a State Government forwarded to the
Australian Government in connection with a request for a payment under clause
18 shall be examined and reported upon in the manner more particularly
described in sub-clause (2) of clause 23. Refunds of Excess Financial
Assistance
20. (1) As soon as practicable after completion of an approved project or
after the thirtieth day of June 1978, whichever is the sooner, the State
Government shall inform the Australian Government of the total amount of the
expenditure by the State Government in respect of the carrying out of the
approved project to completion or up to and including that date in accordance
with clauses 15 and 16, as the case requires, as shown on the financial
statements of the State furnished in accordance with this Agreement that have
been audited by the Auditor-General of the State.
(2) If the amount that has been paid to the State Government by the Australian
Government under this Agreement in respect of the approved project exceeds the
amount of the financial assistance that was payable to the State Government in
accordance with the provisions of this Agreement, the amount of the excess
shall be refunded by the State Government as soon as practicable after a
request for the refund is made by the Australian Government. Annual Budgets
21. (1) A State Government shall prepare estimates of expenditure in respect
of each approved project of work which will be carried out during the
forthcoming financial year and shall submit the estimates to the Minister not
later than such date as the Minister specifies to the State Government.
(2) The estimates shall be prepared in such form and shall include such
information in respect of approved projects as the Minister may reasonably
request and, if the Minister so requests, shall cover such period in excess of
the financial year, but not exceeding five years, as is specified in the
request. Provision of Information
22. Each State Government shall-
(a) keep full accounts and records of all financial transactions, work
done, and plant, stores, materials and equipment bought, used or
disposed of, in connection with an approved project;
(b) inform the Minister of any material change in the estimated cost of an
approved project as soon as practicable after the change becomes
apparent;
(c) furnish to the Minister at intervals of not more than six months
progress reports and expenditure statements for and revised estimates
of an approved project until the project has been completed; and
(d) supply to the Minister from time to time such further information as
he may reasonably require for the purposes of this Agreement. Audit
23. (1) The accounts, books, vouchers, documents and other records of a State
relating to the receipt or payment of money or to the receipt, custody or
disposal of plant, stores, materials and equipment in connection with an
approved project shall be subject to audit by the Auditor-General of the
State.
(2) A report on the audit and on the financial statements by the
Auditor-General of the State shall be furnished by the State Government to the
Australian Government at least once in every year. The report shall indicate,
inter alia, whether in the opinion of the Auditor-General-
(a) the financial statements are based on proper accounts and records and
are in agreement with those accounts and records; and
(b) the receipt and expenditure of moneys are in accordance with this
Agreement, and shall include reference to such other matters arising
out of the audit and financial statements as the Auditor-General of
the State considers should be reported to the Australian Government.
PART V-GENERAL Australian Government Representation
24. (1) A State Government shall by the thirtieth day of June 1974 provide for
Australian Government representation on an appropriate body comprised of State
officers concerned with the forward planning and development of policies
relating to urban transport.
(2) The representation of the Australian Government will be an Australian
Government official or such other person nominated by the Minister as meets
the approval of the State Minister.
(3) Detailed arrangements for representation in accordance with this Clause
shall be made in an exchange of letters between the respective Governments.
Approvals by Minister
25. Where a matter is required by the provisions of this Agreement to be
approved by the Minister, the Minister, before deciding the matter, shall, if
so requested by the State Minister, confer with that Minister or, where
appropriate, with the relevant Ministers of the State Governments. Impediments
26. A State Government shall promptly inform the Minister of any matter which
interferes with, or appears likely to interfere with the implementation of
this Agreement. Notices
27. Any notice, request or other communication to be given or made under this
Agreement by the Australian Government or by the Minister or the Treasurer to
a State Government or a State Minister or by a State Government or a State
Minister to the Australian Government or to the Minister or the Treasurer
shall be deemed a sufficient notice or communication if it is in writing
signed by or on behalf of the Minister or the Treasurer or by the State
Minister, as the case may be, and in any case shall be duly given or made if
it is delivered at or sent to the office of the recipient Minister or if it is
signed and delivered or sent in such manner as is for the time being arranged
between the Minister and the State Minister.
SCHEDULE
---------------------------------------------------------------------------------
Initial Estimated Australian Government Contribution
Projects Estimated
------------------------------------------
Costs 1973/74 1974/75 1975/76 1976/77 1977/78
---------------------------------------------------------------------------------
$m $m $m $m $m $m
NEW SOUTH WALES
1. New electric double
deck cars for the
suburban system . . . . 15.75 10.50 .. .. .. ..
2. Provision of parking
areas at metropolitan
railway stations . . . 0.30 0.20 .. .. .. ..
3. Enlargement of
Glenbrook Railway
tunnel . . . . . . . . 0.40 0.27 .. .. .. ..
4. Signalling improvements
in Sydney station area 4.50 0.01 1.32 1.67 .. ..
5. Signalling improvements
in Strathfield area . . 4.25 0.01 0.71 0.71 0.71 0.71
6. Provision of separate
bus lanes from Randwick
to Darlinghurst . . . . 0.32 0.21 .. .. .. ..
7. Passenger interchange
facilities as specified
by the Minister . . . . 0.25 0.17 .. .. .. ..
8. Information
transmission system for
Sydney City Circle
railway stations . . . 0.09 0.03 0.03 .. .. ..
9. Improvements to
interiors of buses and
trains . . . . . . . . 1.00 0.17 0.17 0.17 0.17 ..
10. Provision of controls
in metropolitan
electric trailer cars . 0.44 0.15 0.15 .. .. ..
11. Provision of auto fare
collection equipment in
buses . . . . . . . . . 0.06 0.04 .. .. .. ..
12. Works towards
quadruplication of
railway line between
Granville and Penrith . 13.34 0.40 1.91 2.05 2.33 2.20
13. Modernisation of
railway electricity
sub-stations . . . . . 1.46 0.05 0.19 0.43 0.24 0.06
14. Rebuilding old railway
stations as specified
by the Minister . . . . 0.40 0.27 .. .. .. ..
15. Improvements to Sydney
ferry wharves as
specified by the
Minister . . . . . . . 0.24 0.16 .. .. .. ..
VICTORIA
1. Railways route
upgradings
(i) South
Kensington- Footscray
two additional tracks
and associated works . 4.60 1.20 1.87 .. .. ..
(ii) Caulfield -
Mordialloc third track
and additional platform
at intermediate
stations Stage 1
Caulfield to Cheltenham 6.10 0.47 1.67 1.93 .. ..
(iii) Sunshine-Deer
Park West additional
track and two
additional stations . . 1.90 1.07 0.20 .. .. ..
(iv)
Macleod-Greensborough
second track and
platform alterations . 1.20 0.48 0.33 .. .. ..
2. Stations
(i) Construction of
two new railway
stations (near
Dandenong and near
Frankston) . . . . . . 0.20 0.13 .. .. .. ..
(ii) Rebuilding of
railway stations as
specified by the
Minister . . . . . . . 1.40 0.93 .. .. .. ..
3. Signalling improvements
as specified by the
Minister . . . . . . . 5.50 0.73 0.73 2.20 .. ..
4. Passenger interchanges
as specified by the
Minister . . . . . . . 0.50 0.33 .. .. .. ..
5. New Vehicles
(i) Electric trains . 5.45 3.63 .. .. .. ..
(ii) Trams . . . . . . 0.23 0.15 .. .. .. ..
(iii) Buses . . . . . . 0.81 0.54 .. .. .. ..
QUEENSLAND
1. Cross river rail link
to Roma Street Station
(Merivale Street
Bridge) . . . . . . . . 8.37 0.80 1.97 2.61 0.20 ..
2. Electrification of the
suburban railway line
from Darra to Ferny
Grove . . . . . . . . . 7.94 0.88 3.72 0.71 .. ..
3. Additional trackage
northern corridor Roma
Street Station to
Northgate . . . . . . . 2.12 0.49 0.66 0.26 .. ..
SOUTH AUSTRALIA
1. Christie Downs railway
extension-including
additional track from
Brighton to Port
Stanvac-line to be
electrified . . . . . . 12.00 2.60 5.40 .. .. ..
2. Glenelg tram route
upgrading . . . . . . . 0.80 0.20 0.33 .. .. ..
3. MTT Programme
(i) New buses . . . . 1.30 0.87 .. .. .. ..
(ii) Other capital
works as specified by
the Minister . . . . . 0.55 0.37 .. .. .. ..
WESTERN AUSTRALIA
1. Pedestrian access
bridge to Central Bus
Station . . . . . . . . 0.95 0.63 .. .. .. ..
2. Bus access road from
Fitzgerald Street to
Central Bus Station . . 0.24 0.16 .. .. .. ..
3. Mitchell Busway-Stage 1
Design 0.12 0.06 0.02 .. .. ..
4. Adelaide Terrace bus
lane . . . . . . . . . 0.01 0.01 .. .. .. ..
5. Three bus transfer
stations at Amelia
Street, Innaloo and
Whitfords . . . . . . . 0.06 0.04 .. .. .. ..
6. New buses . . . . . . . 1.35 0.90 .. .. .. ..
7. Replacement of
buildings and jetties
at Mends Street, South
Perth and Barrack
Street, Perth . . . . . 0.11 0.07 .. .. .. ..
TASMANIA
1. New buses . . . . . . . 1.00 0.67 . . .. .. ..
2. Ticket issuing machines 0.14 0.03 0.07 .. .. ..
3. Bus shelters . . . . . 0.04 0.01 0.01 .. .. ..
--------------------------------------------------------------------------------
IN WITNESS WHEREOF this Agreement has been executed as at the day and year
first above written.
SIGNED for and on behalf of THE GOVERNMENT OF THE COMMONWEALTH OF AUSTRALIA by
the Honourable EDWARD GOUGH WHITLAM, Prime Minister, in the presence of-
E. G. WHITLAM
D. A. WHITE
SIGNED for and on behalf of THE GOVERNMENT OF THE STATE OF NEW SOUTH WALES by
the Honourable SIR CHARLES BENJAMIN CUTLER, Acting Premier, in the presence
of-
C. B. CUTLER
R. E. GRIFFIN
SIGNED for and on behalf of THE GOVERNMENT OF THE STATE OF VICTORIA by the
Honourable RUPERT JAMES HAMER, Premier, in the presence of-
R. J. HAMER
J. COLQUHOUN
SIGNED for and on behalf of THE GOVERNMENT OF THE STATE OF QUEENSLAND by the
Honourable JOHANNES BJELKE-PETERSEN, Premier, in the presence of-
Joh. BJELKE-
PETERSEN
GORDON CHALK
SIGNED for and on behalf of THE GOVERNMENT OF THE STATE OF SOUTH AUSTRALIA by
the Honourable DONALD ALLAN DUNSTAN, Premier, in the presence of-
D. A. DUNSTAN
GEOFF VIRGO
SIGNED for and on behalf of THE GOVERNMENT OF THE STATE OF WESTERN AUSTRALIA
by the Honourable JOHN TREZISE TONKIN, Premier, in the presence of-
JOHN T. TONKIN
W. S. LONNIE
SIGNED for and on behalf of THE GOVERNMENT OF THE STATE OF TASMANIA by the
Honourable ERIC ELLIOTT REECE, Premier, in the presence of-
ERIC REECE
A. J. PEDDER
--------------------------------------------------------------------------------
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