{"id":"river-murray-waters-dartmouth-reservoir-act-1971","name":"River Murray Waters (Dartmouth Reservoir) Act 1971","slug":"river-murray-waters-dartmouth-reservoir-act-1971","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106678,"registerId":"sa-river-murray-waters-dartmouth-reservoir-act-1971-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"River Murray Waters (Dartmouth Reservoir) Act 1971","content":"South Australia\nRiver Murray Waters (Dartmouth Reservoir) Act 1971\nAn Act to ratify and approve an agreement relating to financial assistance for the construction of the Dartmouth Reservoir, and for other purposes.\n\nContents\n1\tShort title\n2\tCommencement\n3\tAct to bind the Crown\n4\tRatification of agreement\nSchedule\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the River Murray Waters (Dartmouth Reservoir) Act 1971.\n2—Commencement\nThis Act shall come into operation on a day to be fixed by proclamation which may be made when the Governor is satisfied that the Parliament of the Commonwealth has passed an Act ratifying the agreement, a copy of which is set out in the Schedule to this Act.\n3—Act to bind the Crown\nThis Act binds the Crown.\n4—Ratification of agreement\nThe agreement, a copy of which is set out in the Schedule to this Act, is hereby ratified and approved and shall take effect upon the coming into operation of this Act.\nSchedule\nAN AGREEMENT made this twenty-sixth day of February, One thousand nine hundred and seventy between THE COMMONWEALTH OF AUSTRALIA (in this Agreement called \"the Commonwealth\") of the first part, THE STATE OF NEW SOUTH WALES, THE STATE OF VICTORIA and THE STATE OF SOUTH AUSTRALIA (in this Agreement referred to as \"the States\") of the second, third and fourth parts, respectively.\nWHEREAS by an Agreement made on the ninth day of September One thousand nine hundred and fourteen between the Commonwealth and the States and referred to in the River Murray Waters Act 1915 of the Commonwealth and the collateral legislation of the States, as amended by Amending Agreements respectively dated the tenth day of August One thousand nine hundred and twenty-three, the twenty-third day of July One thousand nine hundred and thirty-four, the twenty-sixth day of November One thousand nine hundred and forty-eight, the second day of November One thousand nine hundred and fifty-four, the eleventh day of September One thousand nine hundred and fifty-eight and the eighth day of October, One thousand nine hundred and sixty-three and by a further Amending Agreement made the twenty-sixth day of February, One thousand nine hundred and seventy, (which Agreement as so amended is in this agreement called \"the River Murray Waters Agreement\") it has been agreed that the works to be provided under the River Murray Waters Agreement, as set out in clause 20 of that Agreement, will include the provision of a water storage (in this Agreement called \"the Dartmouth Reservoir\") on the Mitta Mitta River upstream of Dartmouth with an active capacity of approximately three million acre-feet of water at an estimated cost of Fifty-seven million dollars:\nAND WHEREAS, pursuant to clause 32 of the River Murray Waters Agreement, the cost of carrying out the works mentioned in clause 20 of that Agreement is to be borne by the Commonwealth and the States in equal shares:\nAND WHEREAS the States have sought financial assistance from the Commonwealth towards meeting their shares of the cost of the construction of the Dartmouth Reservoir:\nAND WHEREAS the Government of the Commonwealth has agreed to submit to its Parliament legislation providing under section 96 of the Constitution for a grant of financial assistance to the States in the manner, to the extent, and on the terms and conditions provided by this Agreement:\nAND WHEREAS the Commonwealth and the States have agreed that if a revised estimated cost of the Dartmouth Reservoir rises above Sixty-two million seven hundred thousand dollars arrangements under this Agreement will be reviewed.\nNOW IT IS HEREBY AGREED as follows:—\n1.\tApproval of Agreement\n\t(1)\tThe Governments of the Commonwealth and of the States will, as soon as practicable after the date of this Agreement, submit to their respective Parliaments legislation approving this Agreement.\n\t(2)\tThe Government of the Commonwealth will include in the legislation submitted to its Parliament for the approval of this Agreement provisions for the grant under section 96 of the Commonwealth of Australia Constitution of financial assistance to the States in the manner, to the extent, and on the terms and conditions provided by this Agreement.\n2.\t\n\t(1)\tExcept as provided in clause 1 of this Agreement, this Agreement shall, subject to clause 3 hereof, come into force in respect of a State upon its approval by the Parliament of the Commonwealth and by the Parliament of the State.\n\t(2)\tNotwithstanding that all three of the States are named as parties to this Agreement, this Agreement shall operate as an agreement between the Commonwealth and each State in respect of which it has come into force as fully and effectually as if that State were the only State named as a party to the Agreement.\n\t(3)\tIn this Agreement the expression \"the State\" means the relevant State in respect of which this Agreement has come into force.\n3.\tCondition of Operation\nNotwithstanding anything hereinbefore provided, the succeeding provisions of this Agreement shall not have any operation or effect as between the Commonwealth and a State unless the further Amending Agreement of the River Murray Waters Agreement as hereinbefore recited has come into effect.\n4.\tFinancial Assistance\nSubject 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 to the State financial assistance not exceeding an amount of Seven million eight hundred and thirty-seven thousand five hundred dollars ($7,837,500) towards meeting the State's obligations under clause 32 of the River Murray Waters Agreement in respect of the cost of the construction of the Dartmouth Reservoir.\n5.\tPayments by Commonwealth\n\t(1)\tThe 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 in pursuance of the last preceding clause of amounts equal to one-half of the amounts that the State is required from time to time to provide to The River Murray Commission established under the River Murray Waters Agreement, under clause 32 of that Agreement in respect of the cost of the construction of the Dartmouth Reservoir.\n\t(2)\tIf a revised estimated cost of the Dartmouth Reservoir rises above Sixty-two million seven hundred thousand dollars ($62,700,000) the Commonwealth and the State shall review the arrangements under this Agreement and, except as agreed upon such review, the Commonwealth shall not be obliged to make payments under sub-clause (1) of this clause in respect of any costs of constructing the Dartmouth Reservoir in excess of that sum.\n\t(3)\tThe State will furnish to the Treasurer of the Commonwealth (in this Agreement called \"the Treasurer\") such documents and other evidence in support of each request by the State for a payment to it by the Commonwealth under sub-clause (1) of this clause as the Treasurer may from time to time reasonably request, whether the request by the Treasurer is made before or after the Commonwealth has made a payment pursuant to the request by the State.\n6.\tUse of Payments\nThe State will not use or apply any payment made to it by the Commonwealth under this Agreement except for the purpose of meeting its obligations under clause 32 of the River Murray Waters Agreement in respect of the cost of the construction of the Dartmouth Reservoir.\n7.\tInterest\n\t(1)\tThe State will pay to the Commonwealth interest on so much of a payment made to the State by the Commonwealth as is for the time being not repaid calculated from the date on which the payment was made at the rate provided in this clause.\n\t(2)\tThe State shall pay the interest for the time being accrued under this clause on the fifteenth day of January and the fifteenth day of July in each year.\n\t(3)\tThe rate at which interest is payable by the State under this clause in respect of each Commonwealth payment shall be the rate equal to the rate of yield to maturity on the long term Commonwealth securities that last became available for public subscription in Australia before the date of the relevant payment to the State.\n\t(4)\tIn this clause, the words \"long term Commonwealth securities\" mean such of the securities issued for the purposes of a Commonwealth loan as have the latest maturity date, being a date not less than ten years from the closing date for subscriptions to the loan and the words \"the rate of yield to maturity\" mean the rate per annum determined by the Treasurer to be the equivalent of the yield to maturity from the securities to a holder of the securities, having regard to the issue price, the interest rate, the redemption price and the period to maturity.\n8.\tRepayments by the State\n\t(1)\tSubject to sub-clause (2) of this clause, the State will repay to the Commonwealth each payment made by the Commonwealth under this Agreement by thirty equal repayments, the first repayment to be made on the fifteenth day of January or July next following the expiry of ten years from the date on which the Commonwealth payment was made and subsequent repayments to be made at half-yearly intervals thereafter until the final repayment has been made.\n\t(2)\tThe State may at any time after giving to the Treasurer 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 the unrepaid balance of a Commonwealth payment together with interest accrued thereon to the date of repayment by the State.\n9.\tAudit\n\t(1)\tThe accounts, books, vouchers, documents and other records of the State relating to the expenditure of moneys received by the State under this Agreement shall be subject to audit by the Auditor-General of the State.\n\t(2)\tUntil 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 is furnished by the State, a report on the audits 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, whether the expenditure of moneys is in accordance with this Agreement and including reference to such other matters arising out of the audits as the Auditor-General of the State considers should be reported to the Treasurer.\n10.\tSupply of Information\nThe State will 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.\n11.\tNotices\nAny notice, request or other communication to be given or made under this Agreement by the Commonwealth or the Treasurer to the State shall be deemed to have been sufficiently given or made if it is in writing signed by the Treasurer or by any person thereunto authorized in writing by him, and any notice, application or other communication to be given or made by the State or the Treasurer of the State to the Commonwealth or to the Treasurer shall be deemed to have been sufficiently given or made if it is in writing signed by the Treasurer of the State or any person thereunto authorized in writing by the Treasurer of the State.\n\nIN WITNESS WHEREOF this Agreement has been executed on the day and year first above written.\nSIGNED for and on behalf of THE COMMONWEALTH OF AUSTRALIA by the Right Honourable JOHN GREY GORTON, the Prime Minister of the Commonwealth, in the presence of C.L. HEWITT.\n}\nJ.G. GORTON\nSIGNED for and on behalf of THE STATE OF NEW SOUTH WALES by the Honourable ROBIN WILLIAM ASKIN, the Premier of that State, in the presence of G.M. GRAY\n}\nR.W. ASKIN\nSIGNED for and on behalf of THE STATE OF VICTORIA by the Honourable SIR HENRY EDWARD BOLTE, the Premier of that State, in the presence of I.G. BAKER\n}\nHENRY BOLTE\nSIGNED for and on behalf of THE STATE OF SOUTH AUSTRALIA by the Honourable RAYMOND STEELE HALL, the Premier of that State, in the presence of J.S. WHITE\n}\nSTEELE HALL\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n1971\n7\nRiver Murray Waters (Dartmouth Reservoir) Act 1971\n25.3.1971\n30.3.1972 (Gazette 16.3.1972 p889)\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. No comparison between original intent and current provisions is possible based on the retrieved content."},"complexity_factors":["Legislation text was not retrievable — only a 'Page Not Found' error was returned, meaning no substantive legal analysis is possible","The Act title suggests intergovernmental (multi-jurisdictional) subject matter, which is typically complex, but this cannot be confirmed without the text","Historical legislation from 1971 may contain outdated drafting conventions and cross-references to superseded agreements or Acts","Water law and interstate river management inherently involve layered regulatory frameworks (Commonwealth, State, and intergovernmental agreements)"],"plain_english_summary":"Likely enacted to record South Australia’s agreement to the intergovernmental scheme for constructing and operating the Dartmouth Reservoir, this 1971 Act concerns a major Murray‑Darling Basin storage whose management affects downstream flows. It matters because South Australia depends on reliable River Murray deliveries; the Act would therefore impact state water authorities, irrigators, downstream communities and Traditional Owners with interests in river allocations and operations."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: ratifying the 1970 financial assistance agreement for the Dartmouth Reservoir. The scope has not expanded beyond this specific infrastructure funding arrangement between the Commonwealth and South Australia."},"complexity_factors":["Short statute (4 operative sections) with most content contained in a single Schedule (the agreement)","Straightforward ratification mechanism: Parliament approves the attached agreement, which then takes effect","Financial terms are clearly enumerated (specific dollar amounts, repayment schedules, interest calculation methodology)","Limited cross-referencing—primarily references to the broader River Murray Waters Agreement and the Constitution (section 96)","Some conditional logic regarding cost overruns (clause 5(2)) and commencement triggers (clause 2), but these are single-level conditions without nesting","No defined terms section in the Act itself; definitions appear within the Schedule agreement but are minimal and context-specific"],"plain_english_summary":"This South Australian law from 1971 approves a financial deal between the Commonwealth (federal government) and three states—New South Wales, Victoria, and South Australia—to help pay for building the Dartmouth Reservoir on the Mitta Mitta River.\n\n**What it does:**\n- **Ratifies (officially approves)** an agreement where the federal government gives South Australia a loan of up to $7,837,500 to help cover the state's share of building the reservoir.\n- The reservoir was part of the larger River Murray Waters Agreement, which managed water resources across state borders.\n\n**Key financial terms:**\n- The federal government pays half of what South Australia owes toward construction costs.\n- South Australia must pay **interest** on the money borrowed, calculated twice yearly based on Commonwealth bond rates.\n- Repayments happen over 30 years, starting 10 years after each payment is made (a \"grace period\" before repayments begin).\n- South Australia can pay off the loan early if it gives one month's notice.\n\n**Safeguards:**\n- The money can **only** be used for the reservoir construction.\n- The State Auditor-General must audit the spending and report to the federal Treasurer.\n- If construction costs blow out above $62.7 million, the deal gets reviewed.\n\n**Why it matters:**\nThis law allowed South Australia to access federal funds for critical water infrastructure while ensuring strict accountability. It reflects the cooperative federalism typical of Australian water management, where the Commonwealth and states share costs and responsibilities for major projects affecting multiple jurisdictions."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The instrument expands the River Murray Waters framework to add the Dartmouth Reservoir project and specifies Commonwealth financial assistance mechanics (capped grant, payment, interest and repayment terms, audit and reporting requirements). It therefore extends project scope and alters financial responsibility and oversight arrangements compared with prior agreements."},"complexity_factors":["Cross‑jurisdictional agreement between Commonwealth and three States (Schedule, clauses 1–3) creating per‑State operation and staggered commencement (Schedule cl2(1)–(3); Act ss2–4).","Fixed capped financial assistance amount ($7,837,500) and link to States' obligations under the River Murray Waters Agreement (Schedule cl4 and cl5(1)), requiring tracking of intergovernmental cost shares.","Conditional liability if revised project cost exceeds $62,700,000 triggering a review and potentially limiting Commonwealth obligation (Schedule cl5(2)).","Detailed payment mechanics: Commonwealth pays half of State contributions on request (Schedule cl5(1)); Treasurer may require supporting documents (Schedule cl5(3)).","Interest calculation tied to yield‑to‑maturity on the long‑term Commonwealth securities available before each payment, requiring financial valuation (Schedule cl7(3)–(4)).","Repayment schedule with a 10‑year deferral and 30 equal half‑yearly instalments, plus prepayment option with notice (Schedule cl8(1)–(2)).","Compliance and oversight obligations: State audit by State Auditor‑General with reports to the Commonwealth Treasurer until assistance is fully provided and justified (Schedule cl9); obligation to supply information on request (Schedule cl10).","Restrictive use condition: funds must be applied only to the State's River Murray construction obligations (Schedule cl6), creating earmarking and monitoring needs."],"plain_english_summary":"This Act ratifies an intergovernmental agreement by which the Commonwealth provides financial assistance under section 96 to participating States towards their half‑share of constructing the Dartmouth Reservoir. Assistance is capped at $7,837,500 and linked to State payments to the River Murray Commission; payments carry interest, are repayable over 30 instalments after a 10‑year deferral, and are subject to audit, reporting and a cost‑cap review if estimates exceed $62.7m. It binds the Crown and operates state‑by‑state."}},"importantCases":[],"_links":{"self":"/api/acts/river-murray-waters-dartmouth-reservoir-act-1971","history":"/api/acts/river-murray-waters-dartmouth-reservoir-act-1971/history","analysis":"/api/acts/river-murray-waters-dartmouth-reservoir-act-1971/analysis","conflicts":"/api/acts/river-murray-waters-dartmouth-reservoir-act-1971/conflicts","importantCases":"/api/acts/river-murray-waters-dartmouth-reservoir-act-1971/important-cases","documents":"/api/acts/river-murray-waters-dartmouth-reservoir-act-1971/documents"}}