The law creates a Commonwealth funding and governance framework to support natural‑resources projects (soil, water, vegetation) by entering written agreements with States or other parties, paying from appropriations or a dedicated Natural Resources Management Account. Agreements must include project objectives, payment conditions, monitoring, audit and repayment rules, and are laid before Parliament.
It centralises discretion with the Minister and authorised officers, imposes reporting/compliance burdens on recipients (including possible assignment of income or IP), and ties spending to appropriation and oversight.
The Natural Resources Management (Financial Assistance) Act 1992 establishes a statutory mechanism for the Commonwealth to disburse funds for natural resources management (NRM) activities through formal agreements. At its core, the Act authorises two streams of funding: agreements with States under s.5 and agreements with other persons (including incorporated and unincorporated bodies) under s.6. Both types of agreement must be in writing (ss.5(2) and 6(3)) and are required to address mandatory matters listed in s.7: the object of the project(s), conditions of payment, monitoring and evaluation, review of the agreement, and a mechanism for amendment following review.
The primary object stated in s.3(2) is to facilitate integrated approaches to NRM that achieve efficient, sustainable and equitable management of natural resources and are consistent with the principles of ecologically sustainable development. Secondary objects in s.3(3) emphasise community-industry-government partnerships, institutional arrangements for sustainable use, enhancement of long-term productivity, and resolution of access conflicts.
Financial assistance to States may take the form of grants or other payments for projects jointly approved by the Commonwealth Minister and the relevant State Minister, or for projects expressly listed in the agreement (s.5(1)). Payments are made from money appropriated by Parliament (s.5(6)), and the Minister may provide advances (s.5(5)). Agreements with non-State persons are funded from the Natural Resources Management Account continued by s.11 (s.6(5)).
The Act imposes a comprehensive compliance overlay. Payments are always subject to the statutory conditions in ss.8–10 even if not written into the agreement. These include repayment obligations where an authorised person is satisfied that a condition has not been met or a project has not been carried out as agreed (s.8(3)), recovery of overpayments (s.8(4)), and deduction of repayable amounts from future payments (s.8(5)). Audit and reporting conditions in s.9 are particularly prescriptive: a statement of expenditure in an approved form plus a certificate from the Auditor-General (for State agreements) or a qualified accountant (for other agreements) must be furnished before any payment is released. Payees must permit inspection of documents and supply activity reports or final project reports on request.
Current sections
Direct links to the current provisions in Natural Resources Management (Financial Assistance) Act 1992.
21
Part 1
Preliminary
Part 1—Preliminary
1
Short title
1 Short title
This Act may be cited as the Natural Resources Management (Financial Assistance) Act 1992.
2
Commencement
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3
Objects
3 Objects
(1) This Act makes provision for the funding and administrative arrangements relating to natural resources management in Australia with the following objects.
(2) This Act’s primary object is to facilitate the development and implementation of integrated approaches to natural resources management in Australia that are:
(a) for the purpose of achieving efficient, sustainable and equitable management of natural resources in Australia; and
(b) consistent with the principles of ecologically sustainable development.
(3) This Act also has the following objects:
(a) to promote community, industry and governmental partnership in the management of natural resources in Australia;
(b) to assist in establishing institutional arrangements to develop and implement policies, programs and practices that will encourage sustainable use of natural resources in Australia;
(c) to assist in enhancing the long term productivity of natural resources in Australia;
(d) to assist in developing approaches to help resolve conflicts over access to natural resources in Australia.
4
Interpretation
4 Interpretation
(1) In this Act, unless the contrary intention appears:
Account means the Natural Resources Management Account continued in existence by section 11.
agreement means an agreement under section 5 or 6.
natural resources management means:
(a) any activity relating to the management of the use, development or conservation of one or more of the following natural resources:
(i) soil;
(ii) water;
(iii) vegetation; or
(b) any activity relating to the management of the use, development or conservation of any other natural resources for the purposes of an activity mentioned in paragraph (a).
officer means a person appointed or engaged under the Public Service Act 1999.
project means a project relating to natural resources management.
State includes the Australian Capital Territory and the Northern Territory.
(2) A reference in a provision of this Act to an authorised officer is a reference to an officer authorised in writing by the Minister for the purposes of the provision.
Part 2
Financial assistance
Part 2—Financial assistance
5
Agreements with States
5 Agreements with States
(1) The Commonwealth may, from time to time, enter into an agreement with a State on financial assistance (whether by way of grant or otherwise) to be provided by the Commonwealth to the State, for amounts spent by the State in respect of:
(a) projects approved, or to be approved, by the Minister and the appropriate Minister of the State, acting jointly; or
(b) projects specified in the agreement.
(2) An agreement must be in writing.
(3) Subject to sections 8, 9 and 10, financial assistance is payable to a State in accordance with an agreement.
(4) The Minister must cause a copy of each agreement under subsection (1) and any agreement amending that agreement to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the agreement is made.
(5) The Minister may make advances to a State of amounts on account of an amount that may become payable to the State under subsection (3).
(6) Payments under this section must be paid out of money appropriated by the Parliament for the purpose.
6
Agreements with other persons
6 Agreements with other persons
(1) In this section:
person includes an association, authority, body, institution or other organisation, whether incorporated or unincorporated.
(2) An authorised officer may, on behalf of the Commonwealth, enter into an agreement with a person for the person to carry out a project.
(3) An agreement must be in writing.
(4) If an agreement provides for the payment of advances, the Minister may make advances of amounts on account of an amount that may become payable under the agreement.
(5) Payments under an agreement must be made out of money standing to the credit of the Account.
7
Matters to be provided for in an agreement
7 Matters to be provided for in an agreement
An agreement must include provisions relating to the following matters:
(a) the object of the project or projects to which the agreement relates;
(b) the conditions subject to which payments under the agreement are to be made;
(c) the monitoring and evaluation of the project or projects;
(d) the review of the operation of the agreement;
(e) the amendment of the agreement by a further agreement as a result of such a review.
8
Payments to be subject to conditions
8 Payments to be subject to conditions
(1) In this section and sections 9 and 10:
authorised person means:
(a) in relation to an agreement under section 5—the Minister or an authorised officer; and
(b) in relation to an agreement under section 6—an authorised officer.
payee, in relation to an agreement, means the party to which amounts are payable by the Commonwealth under the agreement.
payment includes an advance.
(2) In addition to any conditions provided for in an agreement, a payment by the Commonwealth under the agreement is subject to the following conditions.
(3) If an authorised person informs the payee that the authorised person is satisfied that:
(a) the payee has not fulfilled a condition to which the agreement is subject; or
(b) a project or any part of a project has not been undertaken in accordance with the agreement;
the payee must repay to the Commonwealth the whole, or such part as the Minister specifies, of the payment.
(4) On demand by an authorised person, the payee must repay to the Commonwealth the amount by which, at the time of the demand, the total of the payments made to the payee under this Act exceeds the total of the amounts that have become payable to the payee under this Act.
(5) The authorised person may deduct any amount repayable by the payee from any amount payable by the Commonwealth to the payee under this Act.
9
Conditions relating to audit requirements
9 Conditions relating to audit requirements
(1) An agreement is, except so far as otherwise provided for in the agreement, subject to the following conditions.
(2) The payee is not entitled to a payment for amounts spent by the payee for the purposes of carrying out a project unless the payee has given to an authorised person:
(a) a statement (the statement) of the amounts spent in a form approved by an authorised officer; and
(b) a certificate mentioned in subsection (3) or (4).
(3) For the purposes of subsection (2), if the agreement is made under section 5, the certificate:
(a) must be given by a person (the responsible person) who is the Auditor‑General of the State, or the head of the Department or authority of the State responsible for the spending; and
(b) is to certify, in relation to each amount shown in the statement as having been spent:
(i) that the responsible person is of the opinion that the amount was spent in accordance with the agreement; or
(ii) that the responsible person has received a certificate from a qualified accountant stating that the qualified accountant is of the opinion that the amount was spent in accordance with the agreement.
(4) For the purposes of subsection (2), if the agreement is made under section 6, the certificate:
(a) must be given by a person (the responsible person) who is:
(i) if the payee is an association, authority, body, institution or other organisation whose accounts are required by law to be audited by the Auditor‑General of the Commonwealth or of the State—the head of the association, authority, body, institution or other organisation; or
(ii) if subparagraph (i) does not apply—a qualified accountant; and
(b) is to certify, in relation to each amount shown in the statement as having been spent, that, in the responsible person’s opinion, the amount was spent in accordance with the agreement.
(5) In subsections (3) and (4):
qualified accountant means:
(a) a person who is registered as a company auditor or a public accountant under a law in force in a State or Territory; or
(b) a member of Chartered Accountants Australia and New Zealand or of the Australian Society of Certified Practising Accountants.
(6) The payee must, at all reasonable times, permit a person authorised in writing by an authorised person to:
(a) inspect; or
(b) take copies of, or extracts from;
any plans, designs, tenders, records or other documents relating to a project.
(7) The payee must, on written request by an authorised officer, give to the authorised officer, as soon as practicable after the date specified by the authorised officer in the request, a report:
(a) on the payee’s activities in connection with a project; or
(b) containing particulars on matters that are specified by the authorised officer in the request.
(8) The payee must, as soon as practicable after the completion of a project, give to an authorised officer a final report on the project.
10
Other conditions
10 Other conditions
(1) Without precluding or limiting the matters that may be provided for in an agreement, an agreement may provide for the matters mentioned in subsections (2), (3) and (4).
(2) An agreement may provide for the payment by the payee to the Commonwealth of an amount equal to the whole, or such part as an authorised person determines, of any net income derived by the payee from:
(a) property acquired or produced in the course of carrying out a project; or
(b) patents for inventions made in the course of carrying out a project.
(3) An agreement may provide for the assignment by the payee to the Commonwealth of:
(a) any property mentioned in paragraph (2)(a); or
(b) any patents for inventions mentioned in paragraph (2)(b); or
(c) any interest that the payee may have in any such invention.
(4) An agreement may provide for the payment by the payee to the Commonwealth if any property or interest of a kind mentioned in subsection (3) is disposed of to a person other than the Commonwealth, of an amount equal to the whole, or such part as an authorised person determines:
(a) in the case of a disposal by way of sale or assignment for value—of the net proceeds of the sale or assignment; and
(b) in any other case—of the value of the property or interest as determined by the authorised person.
Part 3
Natural Resources Management Account
Part 3—Natural Resources Management Account
11
Natural Resources Management Account
11 Natural Resources Management Account
(1) There is continued in existence the Natural Resources Management Account.
Note: The Account was established by subsection 5(3) of the Financial Management Legislation Amendment Act 1999.
(2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.
(3) If interest is received by the Commonwealth from the investment of an amount standing to the credit of the Account, an amount equal to the interest must be credited to the Account.
(4) There must be credited to the Account amounts equal to the following:
(a) amounts, being gifts or bequests, given or made for the purposes of the Account;
(b) amounts paid or repaid to the Commonwealth in accordance with:
(i) an agreement under section 6 of the Soil Conservation (Financial Assistance) Act 1985 that has effect under section 25; or
(ii) an agreement under section 6;
(c) amounts received by the Commonwealth from the disposal of property or interests acquired by the Commonwealth in accordance with an agreement under section 6.
Note: An Appropriation Act provides for amounts to be credited to a special account if any of the purposes of the special account is a purpose that is covered by an item in the Appropriation Act.
(5) Amounts are to be debited from the Account for the following purposes:
(a) making payments (including advances) in accordance with:
(i) an agreement under section 6 of the Soil Conservation (Financial Assistance) Act 1985 that has effect under section 25; or
(ii) an agreement under section 6;
(c) making payments in respect of other costs of administration of this Act that the Minister considers appropriate to be debited from the Account.
12
Application of gifts or bequests
12 Application of gifts or bequests
(1) In spite of anything in this Act (other than subsection (2) of this section) or in the Public Governance, Performance and Accountability Act 2013 (other than section 58 of that Act which deals with investment by the Commonwealth):
(a) any money held by the Minister on trust for the purposes of the Account must be dealt with in accordance with the obligations of the Minister as a trustee of the trust; and
(b) any money accepted by the Minister for the purposes of the Account subject to a condition must be dealt with in accordance with the obligations imposed on the Minister by the condition.
(2) Separate accounts must be kept of money standing to the credit of the Account representing amounts of money to which subsection (1) applies.
12A
Delegation of trust etc. obligations
12A Delegation of trust etc. obligations
(1) The Minister may delegate to the Secretary of the Department or to an APS employee in the Department the power of the Minister to deal with any money:
(a) held by the Minister on trust for the purposes of the Account; or
(b) accepted by the Minister for the purposes of the Account subject to a condition;
in accordance with the obligations of the Minister as trustee of the trust or as the person who has accepted the money subject to the condition, as the case may be.
(2) The delegate must exercise the power in accordance with any directions of the Minister.
(3) However, the Minister must not:
(a) delegate the power if doing so would be inconsistent with the terms of the trust or with the condition; or
(b) issue a direction that would be inconsistent with the terms of the trust or with the condition.
Part 5
Miscellaneous
Part 5—Miscellaneous
24
Repeal of Acts
24 Repeal of Acts
The following Acts are repealed:
(a) National Water Resources (Financial Assistance) Act 1978;
(b) Soil Conservation (Financial Assistance) Act 1985.
25
Transitional arrangements
25 Transitional arrangements
(1) Subject to the provisions of any agreement under this Act, on and after this Act’s commencement, every agreement under section 4 of the National Water Resources (Financial Assistance) Act 1978 has effect as if that Act had not been repealed.
(2) Subject to the provisions of any agreement under this Act, on and after this Act’s commencement, every agreement under section 4 or 6 of the Soil Conservation (Financial Assistance) Act 1985 has effect as if that Act had not been repealed.
(3) If, at the time immediately before this Act commences, no report had been prepared under section 19 of the Soil Conservation (Financial Assistance) Act 1985 for a period ending at that time (whether the period is a period of 12 months or not), then:
(a) the Soil Conservation Advisory Committee constituted under section 10 of that Act at that time must, in spite of anything in this or that Act, as soon as practicable, prepare and give to the Minister a report on the operation of that Act and agreements and arrangements made under that Act during that period; and
(b) the Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives the report.
26
Annual report in relation to operation of the Act etc.
26 Annual report in relation to operation of the Act etc.
(1) The Minister must, for each financial year, cause a report to be prepared and included in the annual report of the Department for that financial year on:
(a) the operation of this Act; and
(b) agreements made under this Act;
during that financial year.
(2) The first report must relate to the period beginning on the day on which this Act commences and ending on 30 June 1993.
28
Regulations
28 Regulations
The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1—Preliminary
1 Short title
1 Short title
This Act may be cited as the Natural Resources Management (Financial Assistance) Act 1992.
2 Commencement
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Objects
3 Objects
(1) This Act makes provision for the funding and administrative arrangements relating to natural resources management in Australia with the following objects.
(2) This Act’s primary object is to facilitate the development and implementation of integrated approaches to natural resources management in Australia that are:
(a) for the purpose of achieving efficient, sustainable and equitable management of natural resources in Australia; and
(b) consistent with the principles of ecologically sustainable development.
(3) This Act also has the following objects:
(a) to promote community, industry and governmental partnership in the management of natural resources in Australia;
(b) to assist in establishing institutional arrangements to develop and implement policies, programs and practices that will encourage sustainable use of natural resources in Australia;
(c) to assist in enhancing the long term productivity of natural resources in Australia;
(d) to assist in developing approaches to help resolve conflicts over access to natural resources in Australia.
4 Interpretation
4 Interpretation
(1) In this Act, unless the contrary intention appears:
Account means the Natural Resources Management Account continued in existence by section 11.
agreement means an agreement under section 5 or 6.
natural resources management means:
(a) any activity relating to the management of the use, development or conservation of one or more of the following natural resources:
(i) soil;
(ii) water;
(iii) vegetation; or
(b) any activity relating to the management of the use, development or conservation of any other natural resources for the purposes of an activity mentioned in paragraph (a).
officer means a person appointed or engaged under the Public Service Act 1999.
project means a project relating to natural resources management.
State includes the Australian Capital Territory and the Northern Territory.
Part 3 maintains the Natural Resources Management Account as a special account under the Public Governance, Performance and Accountability Act 2013 (s.11(2)). Credits to the Account include gifts, bequests, repayments under agreements, and proceeds from disposal of Commonwealth-acquired property (s.11(4)). Debits are limited to payments under agreements (including legacy agreements from repealed legislation) and certain administrative costs (s.11(5)). Section 12 preserves trust and conditional-gift obligations, requiring separate accounting for such moneys.
Transitional provisions in s.25 ensure that existing agreements under the repealed National Water Resources (Financial Assistance) Act 1978 and Soil Conservation (Financial Assistance) Act 1985 continue in force as if those Acts had not been repealed, subject to any overriding provisions in new agreements made under the 1992 Act. The repeal of those two statutes is effected by s.24. Annual reporting obligations on the operation of the Act and agreements made under it are imposed on the Minister (s.26), and a regulation-making power is provided in s.28.
In substance the Act is a funding and accountability statute rather than a regulatory one; it does not itself prescribe environmental standards but channels public money toward projects that pursue the statutory objects.
Who it affects
The Act directly affects three broad classes of entity.
First, State and Territory governments (defined in s.4(1) to include the ACT and the Northern Territory) are both potential recipients of financial assistance under s.5 and participants in the joint approval process for projects. Their auditors-general or departmental heads are required to furnish compliance certificates under s.9(3).
Second, “persons” within the extended definition in s.6(1)—associations, authorities, bodies, institutions, organisations whether incorporated or not—may enter agreements under s.6. This captures NRM regional bodies, catchment management authorities, industry associations, landcare groups, research institutions and private contractors. These parties must comply with the audit, reporting and repayment regimes in ss.8–10 and, where applicable, assign intellectual property or repay income derived from project outputs (ss.10(2)–(4)).
Third, Commonwealth officers and the Minister exercise significant discretions. The Minister approves projects (s.5(1)), lays agreements before Parliament (s.5(4)), makes advances, determines repayment amounts, and issues authorisations. Authorised officers (appointed under s.4(2)) enter agreements on behalf of the Commonwealth (s.6(2)), receive audit statements and certificates (s.9), demand reports, and trigger repayment obligations. The Secretary and APS employees may receive delegations of trust-management functions under s.12A.
Indirectly the Act affects landholders, farmers, indigenous land management groups and the wider community who participate in or benefit from funded projects. Because funding is tied to “integrated approaches” and “ecologically sustainable development”, the Act influences the design of on-ground works across agricultural landscapes, river systems and native vegetation corridors. Accountants, auditors and lawyers advising recipients must understand the strict certification and claw-back provisions. Finally, Parliament receives copies of every agreement and annual reports, giving it oversight of expenditure.
Key duties and rights
Duties of payees are extensive. They must:
Ensure projects are carried out in accordance with the agreement (s.8(3)(b)).
Furnish expenditure statements and compliance certificates before any payment (s.9(2)).
Permit inspection and copying of all project-related documents at reasonable times (s.9(6)).
Provide activity reports and a final project report on request or upon completion (ss.9(7)–(8)).
Repay amounts where conditions are breached or overpayments have occurred (ss.8(3)–(4)).
Where the agreement so provides, remit net income derived from project property or patents, assign such property or patents to the Commonwealth, or pay the Commonwealth a share of disposal proceeds (s.10).
Duties of the Commonwealth/Minister include:
Causing agreements and amendments to be tabled within 15 sitting days (s.5(4)).
Preparing and including an annual report in the Department’s annual report (s.26).
Dealing with trust moneys and conditionally gifted moneys in accordance with the relevant obligations (s.12(1)).
Maintaining separate accounts for trust and conditional moneys (s.12(2)).
Rights are largely procedural. Payees have the right to receive payments once statutory conditions are satisfied and to receive advances where the agreement or s.5(5) so provides. The Minister and authorised officers have broad rights of access to records and information. The Minister may deduct repayable sums from future payments (s.8(5)), giving the Commonwealth a set-off right. Recipients of trust or conditional gifts retain the protection that those moneys cannot be applied contrary to the trust or condition (s.12(1)), and the Minister’s delegation power under s.12A is constrained so that it cannot be exercised inconsistently with the trust or condition.
The Act creates no private right of action for third parties; enforcement is through administrative repayment demands and, ultimately, debt recovery by the Commonwealth.
Penalties and enforcement
The Act contains no criminal offence provisions or pecuniary penalty units. Enforcement is civil and contractual. The principal sanctions are repayment obligations and set-off.
Under s.8(3), if an authorised person is satisfied of non-fulfilment of a condition or non-performance of a project, the payee must repay the whole or a specified part of the payment. Section 8(4) creates a statutory debt for the amount by which total payments exceed amounts that have become due. These are recoverable as ordinary debts owed to the Commonwealth. The authorised person’s “satisfaction” is an evaluative judgment, presumably reviewable under the Administrative Decisions (Judicial Review) Act 1977 on ordinary grounds.
Section 8(5) permits deduction from future payments, a self-executing recovery mechanism. Agreements may also require repayment of net income or the value of assigned property (s.10), adding further contractual repayment obligations.
Audit non-compliance has a practical rather than formal penalty: no entitlement to payment arises until the statement and certificate are provided (s.9(2)). This operates as a condition precedent to release of funds.
Because the Account is a special account under the Public Governance, Performance and Accountability Act 2013, misapplication of its moneys could engage that Act’s accountability and audit provisions, including potential Auditor-General scrutiny. However the 1992 Act itself does not create additional enforcement machinery.
How it interacts with other laws
The Act is expressly linked to the Public Governance, Performance and Accountability Act 2013 (PGPA Act). The Natural Resources Management Account is a special account for PGPA purposes (s.11(2)), and interest on investments must be credited to it (s.11(3)). Section 12 subordinates the general operation of the PGPA Act to trust and conditional-gift obligations, except for s.58 of the PGPA Act which continues to govern investment by the Commonwealth.
It repealed the National Water Resources (Financial Assistance) Act 1978 and the Soil Conservation (Financial Assistance) Act 1985 (s.24) but preserves the legal effect of agreements made under those Acts (s.25). Any repayments or credits referable to those legacy agreements flow into and out of the Account (ss.11(4)(b) and 11(5)(a)).
The definition of “officer” in s.4(1) picks up persons appointed or engaged under the Public Service Act 1999, thereby linking staffing and delegation arrangements to that statute. The delegation power in s.12A is limited to the Secretary or APS employees in the Department and must be exercised in accordance with ministerial directions.
Qualified accountants for the purposes of audit certificates are defined by reference to registration under State or Territory law or membership of Chartered Accountants Australia and New Zealand or CPA Australia (s.9(5)). This imports professional standards and disciplinary regimes from those bodies.
The requirement to table agreements (s.5(4)) engages parliamentary oversight procedures. Annual reporting under s.26 is incorporated into the Department’s annual report, satisfying broader public-sector reporting obligations.
The Act does not displace general Commonwealth financial management or fraud provisions; misuse of funds could still attract Criminal Code Act 1995 offences relating to obtaining financial advantage by deception or dishonesty.
Recent changes and why
The text reflects amendments made after 1999. The Account was originally established by the Financial Management Legislation Amendment Act 1999 (note to s.11(1)) and is now expressed to be a special account under the PGPA Act 2013, replacing the earlier Commonwealth Authorities and Companies Act 1997 framework. This change aligns the Account with contemporary Commonwealth resource-management terminology and investment rules.
Section 12A, dealing with delegation of trust and conditional obligations, is a later insertion. It was added to improve administrative efficiency by allowing the Minister to delegate detailed trust-management functions to the Secretary or APS employees while preserving the safeguard that neither delegation nor directions may contradict the terms of the trust or condition. The amendment reflects a broader trend toward delegable ministerial powers in financial legislation.
The objects in s.3 were drafted in 1992 to capture the then-emerging language of “ecologically sustainable development” and “integrated” NRM, anticipating the National Strategy for Ecologically Sustainable Development (1992) and subsequent natural resource management reforms. The repeal of the two predecessor Acts and the transitional provisions in s.25 were designed to rationalise overlapping funding streams into a single statutory vehicle.
No further substantive policy expansion appears in the provided text; later policy shifts (for example the move to Caring for Our Country and subsequent regional NRM funding programs) have operated through appropriations and program guidelines made under this Act rather than by amending its core architecture.
Court challenges and controversies
The source text contains no reference to any decided cases. Because the Act is a funding statute rather than a regulatory one, it has generated limited reported litigation. The repayment and set-off mechanisms in s.8 are framed as statutory debts arising upon an authorised person’s state of satisfaction; any challenge would likely proceed by way of judicial review of that satisfaction rather than as a contractual dispute. The requirement that the authorised person be “satisfied” imports a Wednesbury-type reasonableness standard, but no specific High Court or Federal Court authority is recited in the Act.
Controversies in the broader NRM funding domain have typically concerned the adequacy of consultation with regional bodies, the transparency of competitive grant processes, and the extent to which funding conditions respect landholder property rights. None of these are addressed on the face of the statute. The mandatory audit and reporting conditions in s.9 have occasionally produced administrative friction where small community groups struggle to obtain qualified-accountant certificates, but again the Act itself is silent on such operational difficulties.
The preservation of legacy agreements under s.25 has the potential to create dual regimes (old agreements continuing under repealed Acts alongside new agreements), which could generate disputes over which set of conditions governs a particular project. The Act resolves this by making transitional continuity “subject to the provisions of any agreement under this Act”, thereby giving new agreements precedence.
Gotchas
Most practitioners assume that once an agreement is signed the funding is secure; in fact every payment remains subject to the overlay conditions in ss.8–10 regardless of the agreement’s terms. An authorised person’s unilateral satisfaction that a condition has been breached triggers an immediate statutory repayment obligation—there is no requirement for a court order or even procedural fairness expressly stated in the Act.
The definition of “natural resources management” in s.4(1) is wider than many realise. Paragraph (b) captures any activity relating to the management of “any other natural resources” provided it is for the purposes of managing soil, water or vegetation. This can pull in biodiversity, carbon sequestration or even certain tourism projects if linked to the primary resources.
Section 9(2) is a trap for the unwary: the payee is “not entitled to a payment” until both the approved-form statement and the certificate are given. Even if the project has been completed perfectly, cash-flow can be halted by a paperwork omission. For non-State payees the certificate must come from either the head of the organisation (if its accounts are statutorily audited by the Auditor-General) or a qualified accountant; many community groups discover too late that their internal auditor does not qualify.
The trust and conditional-gift rules in s.12 operate “in spite of anything in this Act” (other than s.12(2)) and the PGPA Act (other than s.58). This creates a statutory ring-fence that can surprise departmental officers attempting to consolidate accounts. Separate accounting is mandatory, yet the Act does not prescribe the precise bookkeeping method, leaving room for audit qualification.
Finally, s.5(4) requires every agreement and every amending agreement to be tabled. In practice many program administrators treat template or funding-round agreements as outside this obligation; a strict reading suggests otherwise. Non-tabling does not invalidate the agreement but could expose the Minister to parliamentary censure.
How to comply
Compliance begins at the agreement-negotiation stage. Ensure every mandatory matter listed in s.7 is expressly addressed. Draft conditions of payment to align with, but not contradict, the statutory conditions in ss.8–10; attempting to exclude the statutory overlay will be ineffective.
For State recipients, secure early engagement with the State Auditor-General or departmental accounting head so that the s.9(3) certificate process is built into project governance. Non-State recipients should budget for a qualified accountant’s certificate at each claim stage; obtain the accountant’s engagement letter early and ensure the form of certificate matches the statutory language (“in the responsible person’s opinion, the amount was spent in accordance with the agreement”).
Implement a document-retention protocol that satisfies s.9(6). All plans, designs, tenders, records and correspondence must be available for inspection at reasonable times; electronic systems should allow rapid production of extracts. Maintain a dedicated project file that can be handed to an authorised officer on request.
Cash-flow forecasting must allow for the condition-precedent nature of s.9(2). Do not assume payment will follow invoice; factor in the time required to compile the statement and obtain the certificate.
Where an agreement includes s.10 clauses, establish clear accounting separation between project-derived income and other income. If intellectual property is generated, document ownership trails so that assignment or revenue-sharing obligations can be met without dispute.
For trust or conditionally gifted moneys, keep them in separately identified ledger accounts from the moment of receipt. Any delegation under s.12A must be evidenced in writing and the delegate must be given the precise terms of the trust or condition; the delegate cannot be directed to act inconsistently with those terms.
Commonwealth administrators should maintain a central register of agreements to satisfy the tabling obligation within 15 sitting days. Authorised officers issuing repayment demands under s.8 should record the factual basis of their “satisfaction” to reduce judicial-review risk.
Annual reporting under s.26 requires aggregation of all agreements active during the financial year; compliance systems should therefore capture both quantitative expenditure data and qualitative information on project outcomes against the statutory objects in s.3.
Organisations that receive both legacy funding under the transitional provisions and new funding should maintain two parallel compliance streams until all legacy agreements expire, noting that new agreements can override legacy terms.
In short, treat the Act as a continuing accountability statute rather than a one-off grant instrument. Build the audit, reporting and repayment disciplines into the project’s internal controls from day one; the cost of doing so is modest compared with the risk of full repayment plus loss of future funding eligibility.
(2) A reference in a provision of this Act to an authorised officer is a reference to an officer authorised in writing by the Minister for the purposes of the provision.
Part 2 Financial assistance
Part 2—Financial assistance
5 Agreements with States
5 Agreements with States
(1) The Commonwealth may, from time to time, enter into an agreement with a State on financial assistance (whether by way of grant or otherwise) to be provided by the Commonwealth to the State, for amounts spent by the State in respect of:
(a) projects approved, or to be approved, by the Minister and the appropriate Minister of the State, acting jointly; or
(b) projects specified in the agreement.
(2) An agreement must be in writing.
(3) Subject to sections 8, 9 and 10, financial assistance is payable to a State in accordance with an agreement.
(4) The Minister must cause a copy of each agreement under subsection (1) and any agreement amending that agreement to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the agreement is made.
(5) The Minister may make advances to a State of amounts on account of an amount that may become payable to the State under subsection (3).
(6) Payments under this section must be paid out of money appropriated by the Parliament for the purpose.
6 Agreements with other persons
6 Agreements with other persons
(1) In this section:
person includes an association, authority, body, institution or other organisation, whether incorporated or unincorporated.
(2) An authorised officer may, on behalf of the Commonwealth, enter into an agreement with a person for the person to carry out a project.
(3) An agreement must be in writing.
(4) If an agreement provides for the payment of advances, the Minister may make advances of amounts on account of an amount that may become payable under the agreement.
(5) Payments under an agreement must be made out of money standing to the credit of the Account.
7 Matters to be provided for in an agreement
7 Matters to be provided for in an agreement
An agreement must include provisions relating to the following matters:
(a) the object of the project or projects to which the agreement relates;
(b) the conditions subject to which payments under the agreement are to be made;
(c) the monitoring and evaluation of the project or projects;
(d) the review of the operation of the agreement;
(e) the amendment of the agreement by a further agreement as a result of such a review.
8 Payments to be subject to conditions
8 Payments to be subject to conditions
(1) In this section and sections 9 and 10:
authorised person means:
(a) in relation to an agreement under section 5—the Minister or an authorised officer; and
(b) in relation to an agreement under section 6—an authorised officer.
payee, in relation to an agreement, means the party to which amounts are payable by the Commonwealth under the agreement.
payment includes an advance.
(2) In addition to any conditions provided for in an agreement, a payment by the Commonwealth under the agreement is subject to the following conditions.
(3) If an authorised person informs the payee that the authorised person is satisfied that:
(a) the payee has not fulfilled a condition to which the agreement is subject; or
(b) a project or any part of a project has not been undertaken in accordance with the agreement;
the payee must repay to the Commonwealth the whole, or such part as the Minister specifies, of the payment.
(4) On demand by an authorised person, the payee must repay to the Commonwealth the amount by which, at the time of the demand, the total of the payments made to the payee under this Act exceeds the total of the amounts that have become payable to the payee under this Act.
(5) The authorised person may deduct any amount repayable by the payee from any amount payable by the Commonwealth to the payee under this Act.
9 Conditions relating to audit requirements
9 Conditions relating to audit requirements
(1) An agreement is, except so far as otherwise provided for in the agreement, subject to the following conditions.
(2) The payee is not entitled to a payment for amounts spent by the payee for the purposes of carrying out a project unless the payee has given to an authorised person:
(a) a statement (the statement) of the amounts spent in a form approved by an authorised officer; and
(b) a certificate mentioned in subsection (3) or (4).
(3) For the purposes of subsection (2), if the agreement is made under section 5, the certificate:
(a) must be given by a person (the responsible person) who is the Auditor‑General of the State, or the head of the Department or authority of the State responsible for the spending; and
(b) is to certify, in relation to each amount shown in the statement as having been spent:
(i) that the responsible person is of the opinion that the amount was spent in accordance with the agreement; or
(ii) that the responsible person has received a certificate from a qualified accountant stating that the qualified accountant is of the opinion that the amount was spent in accordance with the agreement.
(4) For the purposes of subsection (2), if the agreement is made under section 6, the certificate:
(a) must be given by a person (the responsible person) who is:
(i) if the payee is an association, authority, body, institution or other organisation whose accounts are required by law to be audited by the Auditor‑General of the Commonwealth or of the State—the head of the association, authority, body, institution or other organisation; or
(ii) if subparagraph (i) does not apply—a qualified accountant; and
(b) is to certify, in relation to each amount shown in the statement as having been spent, that, in the responsible person’s opinion, the amount was spent in accordance with the agreement.
(5) In subsections (3) and (4):
qualified accountant means:
(a) a person who is registered as a company auditor or a public accountant under a law in force in a State or Territory; or
(b) a member of Chartered Accountants Australia and New Zealand or of the Australian Society of Certified Practising Accountants.
(6) The payee must, at all reasonable times, permit a person authorised in writing by an authorised person to:
(a) inspect; or
(b) take copies of, or extracts from;
any plans, designs, tenders, records or other documents relating to a project.
(7) The payee must, on written request by an authorised officer, give to the authorised officer, as soon as practicable after the date specified by the authorised officer in the request, a report:
(a) on the payee’s activities in connection with a project; or
(b) containing particulars on matters that are specified by the authorised officer in the request.
(8) The payee must, as soon as practicable after the completion of a project, give to an authorised officer a final report on the project.
10 Other conditions
10 Other conditions
(1) Without precluding or limiting the matters that may be provided for in an agreement, an agreement may provide for the matters mentioned in subsections (2), (3) and (4).
(2) An agreement may provide for the payment by the payee to the Commonwealth of an amount equal to the whole, or such part as an authorised person determines, of any net income derived by the payee from:
(a) property acquired or produced in the course of carrying out a project; or
(b) patents for inventions made in the course of carrying out a project.
(3) An agreement may provide for the assignment by the payee to the Commonwealth of:
(a) any property mentioned in paragraph (2)(a); or
(b) any patents for inventions mentioned in paragraph (2)(b); or
(c) any interest that the payee may have in any such invention.
(4) An agreement may provide for the payment by the payee to the Commonwealth if any property or interest of a kind mentioned in subsection (3) is disposed of to a person other than the Commonwealth, of an amount equal to the whole, or such part as an authorised person determines:
(a) in the case of a disposal by way of sale or assignment for value—of the net proceeds of the sale or assignment; and
(b) in any other case—of the value of the property or interest as determined by the authorised person.
Part 3 Natural Resources Management Account
Part 3—Natural Resources Management Account
11 Natural Resources Management Account
11 Natural Resources Management Account
(1) There is continued in existence the Natural Resources Management Account.
Note: The Account was established by subsection 5(3) of the Financial Management Legislation Amendment Act 1999.
(2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.
(3) If interest is received by the Commonwealth from the investment of an amount standing to the credit of the Account, an amount equal to the interest must be credited to the Account.
(4) There must be credited to the Account amounts equal to the following:
(a) amounts, being gifts or bequests, given or made for the purposes of the Account;
(b) amounts paid or repaid to the Commonwealth in accordance with:
(i) an agreement under section 6 of the Soil Conservation (Financial Assistance) Act 1985 that has effect under section 25; or
(ii) an agreement under section 6;
(c) amounts received by the Commonwealth from the disposal of property or interests acquired by the Commonwealth in accordance with an agreement under section 6.
Note: An Appropriation Act provides for amounts to be credited to a special account if any of the purposes of the special account is a purpose that is covered by an item in the Appropriation Act.
(5) Amounts are to be debited from the Account for the following purposes:
(a) making payments (including advances) in accordance with:
(i) an agreement under section 6 of the Soil Conservation (Financial Assistance) Act 1985 that has effect under section 25; or
(ii) an agreement under section 6;
(c) making payments in respect of other costs of administration of this Act that the Minister considers appropriate to be debited from the Account.
12 Application of gifts or bequests
12 Application of gifts or bequests
(1) In spite of anything in this Act (other than subsection (2) of this section) or in the Public Governance, Performance and Accountability Act 2013 (other than section 58 of that Act which deals with investment by the Commonwealth):
(a) any money held by the Minister on trust for the purposes of the Account must be dealt with in accordance with the obligations of the Minister as a trustee of the trust; and
(b) any money accepted by the Minister for the purposes of the Account subject to a condition must be dealt with in accordance with the obligations imposed on the Minister by the condition.
(2) Separate accounts must be kept of money standing to the credit of the Account representing amounts of money to which subsection (1) applies.
12A Delegation of trust etc. obligations
12A Delegation of trust etc. obligations
(1) The Minister may delegate to the Secretary of the Department or to an APS employee in the Department the power of the Minister to deal with any money:
(a) held by the Minister on trust for the purposes of the Account; or
(b) accepted by the Minister for the purposes of the Account subject to a condition;
in accordance with the obligations of the Minister as trustee of the trust or as the person who has accepted the money subject to the condition, as the case may be.
(2) The delegate must exercise the power in accordance with any directions of the Minister.
(3) However, the Minister must not:
(a) delegate the power if doing so would be inconsistent with the terms of the trust or with the condition; or
(b) issue a direction that would be inconsistent with the terms of the trust or with the condition.
Part 5 Miscellaneous
Part 5—Miscellaneous
24 Repeal of Acts
24 Repeal of Acts
The following Acts are repealed:
(a) National Water Resources (Financial Assistance) Act 1978;
(b) Soil Conservation (Financial Assistance) Act 1985.
25 Transitional arrangements
25 Transitional arrangements
(1) Subject to the provisions of any agreement under this Act, on and after this Act’s commencement, every agreement under section 4 of the National Water Resources (Financial Assistance) Act 1978 has effect as if that Act had not been repealed.
(2) Subject to the provisions of any agreement under this Act, on and after this Act’s commencement, every agreement under section 4 or 6 of the Soil Conservation (Financial Assistance) Act 1985 has effect as if that Act had not been repealed.
(3) If, at the time immediately before this Act commences, no report had been prepared under section 19 of the Soil Conservation (Financial Assistance) Act 1985 for a period ending at that time (whether the period is a period of 12 months or not), then:
(a) the Soil Conservation Advisory Committee constituted under section 10 of that Act at that time must, in spite of anything in this or that Act, as soon as practicable, prepare and give to the Minister a report on the operation of that Act and agreements and arrangements made under that Act during that period; and
(b) the Minister must cause a copy of the report to be laid before each House
This is an opening excerpt, not the complete document.