Commonwealth Numbered Acts

WESTERN AUSTRALIA AGREEMENT (ORD RIVER IRRIGATION) ACT 1980No. 99, 1980 - SCHEDULE

                                    SCHEDULE                           Section
3
  AN AGREEMENT made the  day of          One thousand nine hundred and
between-

THE COMMONWEALTH OF AUSTRALIA (in this agreement called "the Commonwealth") of
the one part; and

THE STATE OF WESTERN AUSTRALIA (in this agreement called "the State") of the
other part.

WHEREAS:

                (A)  by an agreement authorized by the
                     Western Australia Agreement (Ord River  Irrigation) Act
                     1968 of the Commonwealth and made between the
                     Commonwealth and the State the twenty-fourth day of June
                     1968 (in this agreement referred to as "the Principal
                     Agreement") the Commonwealth agreed to provide financial
                     assistance to the State to assist in the development of
                     water resources in the Kimberley region of Western
                     Australia;

                (B)  the Principal Agreement provided that the works to be
                     undertaken by the State should consist of the works
                     described in the Schedule to the Principal Agreement for
                     the construction of a dam on the Ord River and associated
                     irrigation and drainage facilities;

                (C)  the works described in Part I and part of the works
                     described in Part II of the Schedule to the Principal
                     Agreement have been undertaken by the State and financial
                     assistance has been granted by the Commonwealth to the
                     State in accordance with the provisions of the Principal
                     Agreement;

                (D)  in order to further assist in the development of water
                     resources in the Kimberley region of Western Australia,
                     it is desirable that, in addition to the works described
                     in the Schedule to the Principal Agreement, certain works
                     for the construction of crop handling and processing
                     facilities for produce from the Ord Irrigation Area
                     should be included in the works to be undertaken by the
                     State;

                (E)  the Commonwealth and the State have agreed that financial
                     assistance should be provided by the Commonwealth in
                     respect of the carrying out of those additional works and
                     that the Principal Agreement should be amended to provide
                     for that financial assistance; and

                (F)  the Parliament of the Commonwealth has authorized the
                     execution on behalf of the Commonwealth of an agreement
                     with the State to amend the Principal Agreement in the
                     form of this agreement and the grant of financial
                     assistance under section 96 of the Commonwealth of
                     Australia Constitution on the terms and conditions
                     contained in the Principal Agreement as amended by the
                     agreement so made:

NOW IT IS HEREBY AGREED as follows:

1. Clause 1 of the Principal Agreement is amended-

   (a)  by deleting "the Minister for National Development" from the
        definition of "the Minister" and substituting "the Minister for
        National Development and Energy";

   (b)  by inserting after the definition of "the Minister" the following
        definition:

"'the Minister for Finance' means the Minister for Finance of the Commonwealth
and includes such other Minister of State of the Commonwealth or member of the
Federal Executive Council as is for the time being acting for and on behalf of
that Minister;"; and and

   (c)  by deleting the definition of the "the Treasurer".

2. The Principal Agreement is amended by deleting "the Treasurer" wherever
appearing and substituting "the Minister for Finance".

3. Clause 6 of the Principal Agreement is amended-

   (a)  by deleting the number "(1)" from sub-clause (1);

   (b)  by deleting the reference to "sub-clause (2) of this clause" and
        substituting "clause 7B of this agreement"; and

   (c)  by deleting sub-clause (2).

4. Clause 7 of the Principal Agreement is amended by inserting in sub-clause
(1) after "State" (second occurring) "in respect of the works described in
Part II of the Schedule". 5. After clause 7 of the Principal Agreement the
following clauses are inserted:



"7A. Subject to clause 7B of this agreement, the State shall repay to the
Commonwealth so much of the payments made by the Commonwealth under clause 3
of this agreement and of the amounts advanced and not refunded under clause 4
of this agreement as were made or advanced in respect of the works described
in Part III of the Schedule, and shall pay interest thereon, on such terms and
conditions and, in the case of interest, at such rate as shall be agreed upon,
in writing, from time to time between the Minister and the State Treasurer.



"7B. The State may at any time, after giving to the Minister for Finance at
least one month's notice of its intention so to do, repay to the Commonwealth
the whole or any part not being less than One hundred thousand dollars of so
much as remains unpaid by the State of a payment or advance under clause 3 or
4 of this agreement, together with the interest on the amount repaid accrued
to the date of repayment in accordance with clause 7 or clause 7A of this
agreement, as the case may be."

6. Clause 11 of the Principal Agreement is amended by deleting "the Secretary
to the Department of National Development and the Secretary to the Department
of the Treasury" and substituting "the Secretary to the Department of National
Development and Energy and the Secretary to the Department of Finance".

7. The Schedule to the Principal Agreement is amended by adding at the end
thereof the following Part:



"PART III

construction of crop handling and processing
facilities for produce from the Ord Irrigation Area."

8. The Principal Agreement is confirmed to the intent that, on and from the
date of coming into force of this agreement and without otherwise affecting
its operation prior to that date, it shall continue in force and have
operation as amended by this agreement.

IN WITNESS WHEREOF, &c.