SEAT OF GOVERNMENT
WHETHER COMMONWEALTH CAN SUPPLY WATER TO QUEANBEYAN MUNICIPAL COUNCIL: AGREEMENT FOR JOINT SCHEME TO SUPPLY WATER
The Secretary to the Parliamentary Standing Committee on Public Works has forwarded the following memorandum for advice:
Whilst investigating the question of the proposed construction of a dam on the Queanbeyan River to control flood waters etc., the suggestion was made by the Queanbeyan Municipal Council that an arrangement might be made whereby the Commonwealth would supply from the dam, water for the use of the inhabitants of Queanbeyan.
Will you be good enough to favour me with your advice and opinion as to whether there would be any constitutional objection to the Commonwealth entering into an arrangement of this kind and making a charge for the water supplied.
The Commonwealth has absolute control over the Territory for the Seat of Government, but I do not think that under that power the Commonwealth can undertake the supply of water to towns in a State, even though the towns are adjacent to the Capital Territory. I do not think, however, that there would be any constitutional objection to the Commonwealth and the local government authority of Queanbeyan jointly entering into a scheme for the carrying out of the water supply for the Territory and Queanbeyan.
[Vol.13, p.286]