Commonwealth Numbered Acts

TASMAN BRIDGE RESTORATION ACT (No. 2) 1975 No. 108, 1975 - SCHEDULE

SCHEDULE
Section 3

AN AGREEMENT (to be called the ''Supplementary Joint Tasman Bridge Restoration
Agreement'') made this seventh day of August One thousand nine hundred and
seventy-five BETWEEN THE GOVERNMENT OF THE COMMONWEALTH OF AUSTRALIA of the
one part and THE GOVERNMENT OF THE STATE OF TASMANIA of the other part WHEREAS
it is the determination of both the Australian and Tasmanian Governments that
the Tasman Bridge on the Derwent River at Hobart shall be structurally
modified to accommodate five lanes of traffic throughout its length
concurrently with the restoration of the Bridge to a fully operational
condition AND WHEREAS the two Governments are in agreement that this work
could most appropriately be undertaken by the Joint Tasman Bridge Restoration
Commission NOW IT IS HEREBY AGREED as follows:-

1. (1) IN the Agreement, unless the contrary intention appears-

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

'Clause' means clause of this agreement;

'Party' means a party to this Agreement and 'Parties' means both of these
parties;

'Tasmania' means the State of Tasmania and 'Tasmanian' is used in a
corresponding sense;

'the Bridge' means the Tasman Bridge on the Derwent River at Hobart;

'The Commission' means the Joint Tasman Bridge Restoration Commission and
includes any corporation that may succeed that Commission.

2. THE provisions of this Agreement other than this Clause and Clauses 1 and 3
hereof shall have no force or effect and shall not be binding on either of the
parties unless and until it is approved by the respective Parliaments of
Australia and Tasmania but upon being so approved by those Parliaments the
Agreement shall be of full force and effect and fully binding upon the
parties.

3. (1) THIS clause shall come into operation on the date of this Agreement.

(2) The Australian and Tasmanian Governments will submit this Agreement for
approval to the Australian and Tasmanian Parliaments respectively.

(3) Each party will submit any legislation and take any administrative action
that may be necessary from time to time to give effect to this Agreement.

4. THE Commission shall, by way of addition to its present functions be
empowered to exercise and may perform all or any of the functions (hereinafter
referred to as 'the additional functions') of superintending, co-ordinating,
directing, managing and executing the planning and performance of any work
associated with the structural modification of the Bridge throughout its
length to accommodate five lanes of vehicular traffic.

5. (1) THE Commission shall have all powers necessary and incidental to the
performance of the additional functions which powers shall be exercisable
subject to the same conditions and duties to which the exercise of the powers
given to the Commission by the Tasman Bridge Restoration Act 1975 of Tasmania
is subject.

(2) Without prejudice to the generality of sub-clause (1) of this clause, the
powers and capacities of the Commission shall include power, authority and
capacity to enter into, as principal or agent, contracts or other agreements
for work to be performed or services to be provided which the Commission deems
to be necessary for or conducive to the performance of the additional
functions.

6. IT is the intention of the parties that the cost of the structural
modification of the Bridge throughout its length to accommodate five lanes of
traffic shall be met by Australia, and that the Australian Government will in
due course seek the approval of the Australian Parliament to the appropriation
of monies necessary to give effect to this intention.

IN WITNESS whereof this Agreement has been signed for and on behalf of the
parties hereto respectively as at the day and year first above written. SIGNED
by the HONOURABLE EDWARD GOUGH WHITLAM, PRIME MINISTER OF AUSTRALIA, in
the presence of:                E. G. WHITLAM


G. A. SINDEL SIGNED by the HONOURABLE WILLIAM ARTHUR NEILSON, PREMIER OF
TASMANIA, in the presence of:
W. A. NEILSON

S. FROST
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