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KING ISLAND HARBOUR AGREEMENT ACT 1973 No. 91 of 1973 - SCHEDULE


SCHEDULE
Section  3 

AN AGREEMENT made the Thirteenth day of March One thousand nine hundred and
seventy-three Between THE COMMONWEALTH OF AUSTRALIA (in this agreement called
''the Commonwealth'') of the one part and THE STATE OF TASMANIA (in this
agreement called ''the State'') of the other part.

WHEREAS-

   (a)  it is desirable that works be carried out to provide harbour and port
        facilities for King Island;

   (b)  the State has proposed that the works described in this agreement be
        carried out at Little Grassy Bay in King Island for the purpose of
        providing harbour and port facilities for the said Island;

   (c)  the State has requested the Commonwealth to provide financial
        assistance to the State towards meeting the cost of carrying out those
        works; and

   (d)  the Commonwealth has agreed to request the Parliament of the
        Commonwealth to authorize the grant of financial assistance to the
        State to the extent and upon the terms and conditions set out in this
        agreement:

NOW IT IS HEREBY AGREED as follows:- Definitions.
1. (1) In this agreement, unless the contrary intention appears-

''clause'' means clause of this agreement;

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

''Schedule'' means Schedule to this agreement and, in the event that the
Schedule is at any time varied, means the Schedule as so varied;

''the Minister'' means the Minister for Transport of the Commonwealth;

''the Treasurer'' means the Treasurer of the Commonwealth; and

''the works'' means the works described in the Schedule or, if the Schedule is
varied in accordance with clause 13 of this agreement, the works described in
the Schedule as so varied.

(2) Where in this agreement a Minister is referred to, that reference shall be
deemed to include any other Minister of the Commonwealth or of the State or
any member of the Federal Executive Council or of the Executive Council of the
State, as the case may be, who may for the time being be acting for and on
behalf of the Minister referred to. Approval of Agreement.
2. This agreement shall have no force or effect and shall not be binding on
either party until it has been approved by the Parliament of the Commonwealth
and the Parliament of the State. Financial Assistance.
3. Subject to compliance by the State with the provisions of this agreement,
the Commonwealth will, in accordance with and subject to the provisions of
this agreement, provide financial assistance to the State towards meeting
expenditure on the works consisting of amounts which do not exceed in the
aggregate One million three hundred and fifty-five thousand dollars
($1,355,000). Expenditure on the Works.
4. For the purposes of this agreement expenditure on the works means
expenditure incurred by the State on or in connection with the works on and
after the first day of July, 1971 and includes planning, design and
administrative expenses directly relating to carrying out the works but does
not include expenses that would have been or would be incurred whether or not
the works were carried out. Advances.
5. (1) The Treasurer may, at such times and in such amounts as he thinks fit,
make advances on account of the payments that the Commonwealth may be
requested to make under clause 7.

(2) An amount, or part of an amount, advanced by the Treasurer under this
clause may be deducted by the Commonwealth from an amount that subsequently
becomes payable under clause 7 or, if no further amounts will become payable
under that clause, shall be refunded by the State to the Commonwealth at the
request of the Treasurer. Use of Advances.
6. The State shall ensure that an amount, or any part of an amount, advanced
to the State and not refunded under the last preceding clause is not used or
applied except for the purpose of meeting or of reimbursing to the State
expenditure on the works. Payments of Financial Assistance.
7. The Commonwealth will, at the request of the State, from time to time and
subject to the provisions of this agreement make payments to the State of the
financial assistance to be provided to the State under this agreement in
amounts equal to expenditure on the works. Supporting Financial Evidence.
8. (1) The State shall furnish to the Treasurer such documents and other
evidence to justify the making of an advance under clause 5 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 for a payment under clause 7, as
the Treasurer may at any time reasonably request, whether the request by the
Treasurer is made before or after the Commonwealth has made any relevant
advance or payment.

(2) Any statement of expenditure by the State forwarded to the Commonwealth in
connexion with a request for a payment under clause 7 shall be certified as to
its correctness by the Auditor-General of the State. Repayments by State.
9. (1) Subject to the provisions of clause 10, the State shall repay to the
Commonwealth one half (1/2) of each of the advances made to the State under
clause 5 and not refunded as provided in sub-clause (2) of that clause and of
each of the payments made to the State under clause 7 by thirty (30) equal
consecutive half-yearly payments.

(2) The first payment by the State under sub-clause (1) of this clause shall
be payable on the fifteenth day of June 1973-except that in the event that an
advance or a payment is made by the Commonwealth to the State on or after that
date the first payment by the State in respect of that advance or payment
shall be payable on the fifteenth day of December or the fifteenth day of June
next succeeding the date on which the advance or payment was made by the
Commonwealth-and subsequent payments shall be payable on each succeeding
fifteenth day of December and fifteenth day of June until the full amount of
the portion that is repayable of the advance or payment has been paid.
Prepayments.
10. The State may at any time after giving to the Treasurer notice of at least
one month of its intention to do so, repay the whole, or a part not being less
than One hundred thousand dollars ($100,000), of so much of an advance or
payment as is repayable by the State to the Commonwealth under clause 9 as
remains unrepaid, together with interest on the amount repaid accrued to the
date of payment in accordance with clause 11. Interest.
11. (1) Interest payable by the State to the Commonwealth shall accrue on so
much of the amount of each advance or payment to the State as is repayable to
the Commonwealth by the State as has not for the time being been repaid or, in
the case of an advance, repaid or refunded to the Commonwealth calculated from
the date on which the advance or payment was made by the Commonwealth at the
rate provided in this clause in respect of the advance or payment.

(2) The State shall pay the interest for the time being accrued under this
clause on the fifteenth day of December and the fifteenth day of June in each
year.

(3) The rate at which interest accrues and is payable by the State under this
clause in respect of an advance or payment shall be the rate of yield to
maturity of the loan of the longer or longest term of the last loan raising by
the Commonwealth in Australia for public subscription prior to the date upon
which the advance or payment was made by the Commonwealth. Execution of the
Works.
12. The State shall ensure that the works are carried out efficiently and in
conformity with sound engineering and financial practices. Variation of
Schedule.
13. To the extent that it is necessary for or more conducive to the efficient
fulfilment of the objectives of this agreement the Schedule may be varied in
such manner and to such extent as the State proposes and the Minister
approves. Extra Work.
14. The State may, at its own expense, carry out such other work in
conjunction with the works or carry out the works at such standards in excess
of the appropriate standards established under this agreement as the State
considers necessary or desirable. Annual Estimates.
15. The State shall 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 estimates it will request the Commonwealth to provide for
the State under this agreement during the next succeeding financial year.
Supply of Information.
16. The State shall from time to time at the request of the Treasurer furnish
to him such information as he may reasonably require for the purposes of or in
relation to this agreement. Financial Statements.
17. The State shall-

   (a)  keep full accounts and records 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; and

   (b)  furnish to the Treasurer, as soon as possible after the completion of
        each financial year in which there is expenditure on the works,
        financial statements showing expenditure on the works up to the
        preceding thirtieth day of June, the latest estimate of the complete
        cost of the works, and the estimated amounts of annual expenditure
        necessary to complete the works. Audit.
18. (1) The accounts, books, vouchers, documents and other records of the
State relating to the carrying out of the works shall be subject to audit by
the Auditor-General of the State.

(2) Until such time as the total amount of the financial assistance to be
provided to the State under this agreement has been provided by the
Commonwealth and supporting evidence to the satisfaction of the Treasurer in
relation to all amounts paid or advanced is furnished by the State, a report
on the audits and on the financial statements in respect of each financial
year shall be furnished by the Auditor-General of the State to the Treasurer
as soon as possible after the completion of the financial year, indicating,
inter alia-

   (a)  whether the financial statements are based on proper accounts and
        records and are in agreement with those accounts and records; and

   (b)  whether 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 considers should be reported to the Treasurer. Notices.
19. Any notice, request or other communication given or made to the State for
the purposes of this agreement on behalf of the Commonwealth or by a
Commonwealth Minister shall be a sufficient notice if it is in writing signed
by the appropriate Commonwealth Minister or a person authorized in writing by
him, and any notice, application, request or other communication given or made
to the Commonwealth or a Commonwealth Minister for the purposes of this
agreement on behalf of the State shall be a sufficient notice if it is in
writing signed by the appropriate State Minister or any person thereunto
authorized in writing by him.

THE SCHEDULE
Clause 1, 12 and 13

The Works

Part I: The Port and Associated Works.

The port and associated works comprise:-

1. A main breakwater from the south side of Jetty Point on King Island to
Grassy Island but not including the initial mound of the main breakwater.

2. Port and harbour facilities at Little Grassy Bay on King Island.

3. A main access road to connect the port at Little Grassy Bay with the King
Island roadway system in the Grassy area.

Part II: Description of the Port and Associated Works.

The port and associated works comprise the construction set out in Part I,
including-

(1) design engineering supervision and administration;

(2) completion of the main breakwater and of all works necessary to shape and
armour the main breakwater mound to make it fully resistant to attack by
storms with wave heights of from 20 to 25 feet;

(3) construction of an inner breakwater and allied reclamation for the port
area at Little Grassy Bay including sealing;

(4) construction of a wharf and a stern-loading ramp;

(5) provision of shore installations comprising a transit shed, office and
amenities building, water supply and reticulation, drainage of reclamation,
power supply and reticulation, lighting of stern-loading ramp port area
transit shed and office and amenities building, navigational aids, septic
sewerage system, a mobile fire pump and ancillary works including cattle
holding and loading facilities and other minor installations and facilities as
required for the operation of the port.

IN WITNESS WHEREOF this agreement has been executed by the parties as at the
day and the year first above written. SIGNED for and on behalf of THE
COMMONWEALTH
OF AUSTRALIA by the Honourable EDWARD GOUGH WHITLAM, the Prime Minister of the
Commonwealth, in the presence of-
PETER S. WILENSKI
E. G. WHITLAM SIGNED for and on behalf of THE STATE OF TASMANIA by the
Honourable ERIC ELLIOTT REECE, the Premier of the State, in the presence of-
R. E. T. PORTER
ERIC REECE
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