The Snowy Mountains Engineering Corporation Act 1970 received assent on 24 June 1970 and was gazetted on 9 July 1970 (Commonwealth Gazette No. 57 of 1970). The Corporation's functions and powers are included in sections 17 and 18, (Pt III of the Act): 17. (1)
Subject to this section, the functions of the Corporation are -
(a) the carrying out of investigations, and the furnishing of
advice, in relation to water resources in Australia or
elsewhere;
(b) the carrying out of investigations,and the furnishing of advice,
in relation to -
(i) soils or rocks; or
(ii) material used in the construction of engineering works,
in Australia or elsewhere;
(c) the carrying out of investigations, and the furnishing of
advice, in relation to the sites, designs or constructions of
engineering works in Australia or elsewhere;
(d) the designing of engineering works in Australia or elsewhere;
(e) the supervision of contracts for the construction of engineering
works in Australia or elsewhere, that is to say, the furnishing
of advice, and the doing of other things, necessary for ensuring
the proper performance by the contractors of their obligations
under those contracts; and
(f) the construction of, or the performance of any work in relation
to the construction of, engineering works outside Australia.
These functions are exercisable;
(a) in or in relation to a Territory - in relation to any matter;
and;
(b) in any other case - in relation to any matter with respect to
which the Parliament has power to make laws.
The Act stated that the Corporation shall not, in the exercise of its functions undertake;
(a) the carrying out of an investigation;
(b) the furnishing of any advice;
(c) the designing of an engineering work;
(d) the supervision of a contract; or
(e) the construction of, or the performance of any work in relation
to the construction of, an engineering work;
except with the approval of the Minister and in accordance with any conditions to which that approval is subject.
The Act also stated that the Minister shall not give his approval in relation to the exercise by Corporation of a function in respect of an engineering work in Australia unless the work is;
(a) a work for the measurement of the flow of water;
(b) a work for the collation, storage diversion, conveyance or
supply of water;
(c) a work for the general, transmission or supply of electricity;
(d) a work which, or a substantial part of which, is underground; or (e) a work (including a road) incidental to a work referred to in any
of the preceding paragraphs of this sub-section.
The same section of the Act specified that;
The Minister shall not, for the purposes of sub-section (3) of this section, give his approval in relation to the exercise by the Corporation in Australia of a function otherwise than for the purposes of, or in relation to an engineering work that is to be carried out by or for an authority of, the Commonwealth, a State or the Administration of a Territory of the Commonwealth unless the function is to be exercised in pursuance of a contract between the Corporation and a consulting engineer or the work required for the purposes of the exercise of the function is to be performed wholly or mainly in laboratories of the Corporation.
Not withstanding sub-section (2) of this section, it is the intention of the Parliament that the Corporation may perform a function of any of the kinds specified in sub-section (1) of this section in pursuance of an authority conferred on the Corporation by a law of a State but the provisions of sub-section (3), and (5) of this section apply in relation to any such performance of a function by the Corporation.
The Corporation has power to do, in Australia or elsewhere, all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions under this Act, including the making of contracts providing for the performance of any of the functions of the Corporation in particular cases and the payments to be made to the Corporation in respect of the performance of those functions.(1)
The Corporation is constituted by a Director and two Assistant Directors, appointed by the Governor-General.(2) The Corporation is staffed under sections 19 and 21 of the Act which state that;
19. The Corporation may, in Australia or elsewhere, appoint as officers and engage as employees such persons as it thinks necessary for the purpose of this Act.
21. The terms and conditions of employment of officers and employees are such as are determined by the Corporation with the approval of the Public Service Board.
Mr H. E. Dann was appointed as the first Director of the Corporation, Mr K. E. Andrews and Mr D. G. Price were the original Assistant Directors.
The Corporation's elaborate financial arrangements are set out in Part V of the Act.
The Snowy Mountains Engineering Corporation is a consulting organisation inheriting the engineering skills and expertise built up over the years since 1949 by the Snowy Mountains Hydro-Electric Authority (CA 75) during the construction of the Snowy Mountains Scheme.
From 1960 the Authority had carried out a wide range of civil, electrical and mechanical engineering work for other organisations, both in Australia and overseas. The Corporation had the
responsibility for this work under its charter which enabled it to carry out work in Australia and overseas for government and private organisations.
The Snowy Mountains Engineering Corporation specialises in the following branches of engineering:
- Pre investment and feasibilty studies for water supply and
hydro-electric developments
- Investigation, design and contract administration of:
a) concrete, earthfill and rockfill dams, tunnels and other
underground works
b) civil, mechanical and electrical aspects of hydro-electric power
and pumping stations
c) steel and concrete pressure pipelines and open canals
d) power transmission systems and substations
- Investigation, design and supervision of construction of roads (outside Australia only)
- Hydrological and hydrographic studies and investigations
- Survey, photogrammetry and mapping for water resources
- Geological and construction materials exploration
- Hydraulic models studies and laboratory testing.(3)
Initially, there were two branch offices in addition to the Head Office at Cooma, located at Sydney and Canberra. Further branches were opened in Brisbane, Darwin, Malaysia and Indonesia; and representatives were appointed in Bangladesh, Botswana, People's Democratic Republic of Lao and Nepal.
The Act requires the Corporation to report annually to the Minister on its activities and to submit its financial statements to the Auditor-General.(4)
On 19 June 1989 the Snowy Mountains Engineering Corporation (Conversion into Public Company) Act 1989 received Royal assent. This Act amended the 1970 act and converted SMEC to a public company with the Commonwealth as its sole shareholder, and the suffix 'Limited' was added to the Corporation's title. The government announced its intention to sell its shares in SMEC Limited in the August 1992 budget. SMEC staff formed a corporate vehicle, Tinbury, to buy out the company subject to the provisions of the Snowy Mountains Engineering Corporation Limited Sale Act 1993. A declaration was made under subsection 4 (1) of the Act that 9 November 1993 was the sale day for the purposes of that Act. (5)
REFERENCES
(1) Snowy Mountains Engineering Corporation Act 1970 (No 39 of 1970)
Pt III sections 17 and 18
(2) Ibid, Pt II sections 7 and 8
(3) Snowy Mountains Engineering Corporation Engineering Consultants.
(advertising pamphlet, printed by Wilke and Co Ltd, undated)
(4) Commonwealth Act No 39 of 1970, Snowy Mountains Engineering
Corporation Act 1970, Pt IV section 36.
(5) Snowy Mountains Engineering Corporation Limited Sale Act 1993,
Declaration under Subsection 4 (1), Commonwealth Gazette S 334,
11 November 1993
Historical agency address
220-226 Sharp Street, Cooma NSW
Legislation administered
Creation: Commonwealth of Australia Act No. 39 of 1970, Snowy Mountains Engineering Corporation Act 1970Conversion: Snowy Mountains Engineering Corporation (Conversion into Public Company) Act 1989Sale: Snowy Mountains Engineering Corporation Limited Sale Act 1993
Agency controlled unregistered
SMEC Branch office, Sydney
SMEC Branch office, Canberra
SMEC Representative office, Bangladesh
SMEC Representative office, Botswana
SMEC Representative office, Lao, PDR