Murray-Darling Basin Act 1983 (Cth)
MURRAY-DARLING BASIN ACT 1983
- Reprinted as at 31 October 1991 (HISTACT CHAP 972 #DATE 31:10:1991)
- Reprinted as at 31 October 1991 (HISTACT CHAP 972 #DATE 31:10:1991)
*1*The Murray-Darling Basin Act 1983 as shown in this reprint comprises Act No. 83, 1983 amended as indicated in the Tables below.
Act
Number Date Date of Application,
and year of Assent commencement saving or
transitional
provisions
River Murray Waters Act 1983
86, 1983 14 Nov 1983
1 Feb 1984 (see Gazette
1984, No. S34)
River Murray Waters Amendment Act 1987
154, 1987 26 Dec 1987 1 Jan 1988 -
Primary Industries and Energy Legislation Amendment Act 1990
134, 1990 28 Dec 1990 Part 7 (ss. 34-37): 1 Oct -
1990
Remainder: Royal Assent
Table of Amendments
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted Provision affected
How affected
S. 1
am. No. 154, 1987
S. 3
am. No. 154, 1987; No. 134, 1990
S. 6
am. No. 154, 1987
S. 14
rs. No. 154, 1987
Heading to Schedule
rep. No. 154, 1987
Heading to Schedule 1
ad. No. 154, 1987
Schedule 2
ad. No. 154, 1987
Schedule 3
ad. No. 134, 1990
MURRAY-DARLING BASIN ACT 1983 - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
1. Short title
2. Commencement
3. Interpretation
4. Approval of Agreement
5. Act to bind Crown
6. Appointment of Commissioners and Deputy Commissioners
7. Remuneration and allowances
8. Resignation
9. Termination of appointment
10. Jurisdiction of State courts
11. Appropriation of moneys
12. Exemption from taxes and charges
13. Evidence
14. Certain documents to be laid before Parliament
15. Regulations
16. Amendment of Snowy Mountains Hydro-electric Power Act
17. Repeal and Transitional
SCHEDULE 1
RIVER MURRAY WATERS AGREEMENT, 1 OCTOBER 1982
SCHEDULE 2
MURRAY-DARLING BASIN AGREEMENT, 30 OCTOBER 1987
SCHEDULE 3
AGREEMENT, 4 OCTOBER 1990
MURRAY-DARLING BASIN ACT 1983 - LONG TITLE SECT
An Act to approve and provide for carrying out an agreement entered into between the Commonwealth, New South Wales, Victoria and South Australia with regard to the River Murray, the Menindee Lakes and other waters, and for other
purposes
MURRAY-DARLING BASIN ACT 1983 - SECT 1
Short titleSECT
1. This Act may be cited as the Murray-Darling Basin Act 1983.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
MURRAY-DARLING BASIN ACT 1983 - SECT 2
CommencementSECT
2. This Act shall come into operation on a date to be fixed by Proclamation.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
MURRAY-DARLING BASIN ACT 1983 - SECT 3
InterpretationSECT
3. In this Act, unless the contrary intention appears:
'Agreement' means the agreement a copy of which is set out in Schedule 1, as amended by the agreements, copies of which are set out in Schedules 2 and 3;
'Commission' has the same meaning as in the Agreement;
'Commissioner' means a Commissioner of the Commission and includes a Deputy Commissioner of the Commission when acting as a Commissioner of the Commission;
'Commonwealth member' means a Commissioner or Deputy Commissioner appointed under section 6;
'Constructing Authority' has the same meaning as in the Agreement;
'Contracting Government' has the same meaning as in the Agreement;
'former Agreement' has the same meaning as in the Agreement;
'law of the Commonwealth' includes a law of a Territory;
'Ministerial Council' has the same meaning as in the Agreement;
'works' means works constructed under the former Agreement or constructed, or to be constructed, under the Agreement.
MURRAY-DARLING BASIN ACT 1983 - SECT 4
Approval of AgreementSECT
4. The Agreement is approved.
MURRAY-DARLING BASIN ACT 1983 - SECT 5
Act to bind CrownSECT
5. This Act binds the Crown in right of the Commonwealth.
MURRAY-DARLING BASIN ACT 1983 - SECT 6
Appointment of Commissioners and Deputy CommissionersSECT
6. (1) The Governor-General may appoint 2 Commissioners and 2 Deputy Commissioners.
(2) Subject to this Act, a Commonwealth member holds office for such period, not exceeding 5 years, as is specified in the instrument of his appointment, but is eligible for re-appointment.
(3) A Commonwealth member holds office on such terms and conditions (if any) in respect of matters not provided for by this Act or another law of the Commonwealth as are determined by the Governor-General.
(4) The appointment of a Commonwealth member is not invalidated and shall not be called in question by reason of a defect or irregularity in or in connection with his appointment.
MURRAY-DARLING BASIN ACT 1983 - SECT 7
Remuneration and allowancesSECT
7.(1) A Commonwealth member shall be paid such remuneration (if any) as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration (if any) as is prescribed.
(2) A Commonwealth member shall be paid such allowances (if any) as are prescribed.
(3) This section has effect subject to the Remuneration Tribunals Act 1973.
MURRAY-DARLING BASIN ACT 1983 - SECT 8
ResignationSECT
8. A Commonwealth member may resign his office by writing under his hand addressed to the Governor-General but the resignation does not have effect unless and until it is accepted by the Governor-General.
MURRAY-DARLING BASIN ACT 1983 - SECT 9
Termination of appointmentSECT
9. The Governor-General may at any time terminate the appointment of a Commonwealth member.
MURRAY-DARLING BASIN ACT 1983 - SECT 10
Jurisdiction of State courtsSECT
10. Nothing in any law of the Commonwealth shall be taken to exclude or limit the jurisdiction of a court of a State in relation to the performance of a duty or the exercise of a power by the Commission or a Commonwealth member.
MURRAY-DARLING BASIN ACT 1983 - SECT 11
Appropriation of moneysSECT
11. All moneys required to be provided by the Commonwealth under the Agreement shall be provided out of moneys to be appropriated by the Parliament for the purpose.
MURRAY-DARLING BASIN ACT 1983 - SECT 12
Exemption from taxes and chargesSECT
12. No tax, charge or fee is payable under a law of the Commonwealth in respect of any works or in respect of any property used in or held for the purposes of any works by a Contracting Government or Constructing Authority.
MURRAY-DARLING BASIN ACT 1983 - SECT 13
EvidenceSECT
13.(1) Every minute or record of the proceedings of the Commission that is signed by the Commissioners, or a copy of such a minute or record certified as correct under the hand of a Commissioner or the secretary of the Commission, shall be presumed to be correct until the contrary is proved.
(2) A document signed by, and containing a decision of, an arbitrator appointed under the Agreement is, in any proceeding, prima facie evidence of the decision.
(3) A document purporting to be a minute or record, or copy, referred to in subsection (1) or document referred to in subsection (2) shall, unless the contrary is established, be deemed to be such a minute or record, copy or document, as the case may be.
MURRAY-DARLING BASIN ACT 1983 - SECT 14
Certain documents to be laid before ParliamentSECT
14. The Minister shall cause a copy of each report and statement submitted by the Commission under clause 68 of the Agreement to the Ministerial Council to be laid before each House of the Parliament without delay.
MURRAY-DARLING BASIN ACT 1983 - SECT 15
RegulationsSECT
15. 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.
MURRAY-DARLING BASIN ACT 1983 - SECT 16
Amendment of Snowy Mountains Hydro-electric Power ActSECT
16. Section 5B of the Snowy Mountains Hydro-electric Power Act 1949 is amended by omitting 'agreements copies of which are set out in the Schedules to the River Murray Waters Act 1915' and substituting 'agreement a copy of which is set out in the Schedule to the River Murray Waters Act 1983'.
MURRAY-DARLING BASIN ACT 1983 - SECT 17
Repeal and TransitionalSECT
17.(1) The following Acts are repealed:
Menindee Lakes Storage Agreement Act 1963;
River Murray Waters Act 1915;
River Murray Waters Act 1923;
River Murray Waters Act 1934;
River Murray Waters Act 1948;
River Murray Waters Act 1954;
River Murray Waters Act 1958;
River Murray Waters Act 1963;
River Murray Waters Act 1970;
River Murray Waters Act 1974.
(2) A person who, immediately before the commencement of this Act, held office as the Commissioner or the Deputy Commissioner appointed under section 6 of the River Murray Waters Act 1915, continues to hold office, subject to this Act, for the remainder of his term of office as if he had been appointed as the Commissioner or the Deputy Commissioner, as the case may be, under section 6 of this Act.
MURRAY-DARLING BASIN ACT 1983 - SCHEDULE 1 SCH
SCHEDULE 1
Section 3
THE COMMONWEALTH OF AUSTRALIA
THE STATE OF NEW SOUTH WALES
THE STATE OF VICTORIA
THE STATE OF SOUTH AUSTRALIA
1982
I N D E X
PART I
Interpretation Clause
Definitions 1
Interpretation 2
PART II
Approval and Enforcement
Substitution 3
Approval 4
Submission to Parliament 5
Parties to provide for enforcement of Agreement and Acts 6
PART III
The Commission
Constitution 7, 8
Appointment of Commissioners and Deputy Commissioners 9
Term of Appointment 10
Continuation in Office 11
When Deputy Commissioner may act 12
Powers of Commissioners 13
Remuneration of Commissioners and Deputy Commissioners 14
Removal from office 15
Resignation 16
Vacancies 17
Validity of proceedings 18
Meetings of the Commission 19
Delegation 20
Appointment of Committees 21
Officers of the Commission 22
Employment of officers in public service or in statutory authorities23
Liability for acts of Commissioners and officers 24
PART IV
Water Quality and Control
Studies and investigations 25
Measurements of water quantity and quality 26
Water quality objectives and standards 27
Recommendations re water quantity and quality 28
Commission to be informed of new proposals 29
Regard to be had to river and water management objectives 30
Protection of catchment of Hume Reservoir 31
PART V
Construction, Operation and Maintenance of Works
Major works subject to the Agreement 32
Authorisation of additional works 33
Ancillary, preventative and remedial works 34
Preparation and submission of designs, etc. for Commission approval 35
Commission and Government approval of certain tenders 36
Directions for the efficient construction etc. of works 37
Completion of Chowilla Reservoir 38
States to facilitate construction and operation within their territories 39
Works for benefit of State Contracting Governments 40
Declaration that works effective 41
Maintenance of works 42
Procedures for operation and control of works 43
Dredging and snagging
44
Operation and control of works 45
Performance of joint duties 46
Ineffective works
47
PART VI
Finance
Apportionment of costs 48
Financial year 49
Detailed estimates of expenditure 50
Excess expenditure
51
Forward estimates
52
Payments by Contracting Governments 53
Payments by Commission to States 54
Unexpended balances 55
Disposal of surplus assets 56
Proper accounts to be kept 57
List of assets 58
Audit 59
Commission to account 60
Contracting Governments to account 61
Bank accounts 62
Investment 63
Application of moneys by Commission 64
Revenue 65
Tolls 66
Compensation for damage by works 67
PART VII
Reports
Preparation of reports 68
PART VIII
Proceedings in Default
Failure to perform works or contribute cost 69
PART IX
Distribution of Waters
Division 1-Interpretation
Definitions 70
Post Chowilla 71
Division 2-State Entitlements to Water
Measurement of South Australia's entitlement 72
South Australia's monthly entitlement 73
Variation of South Australia's entitlement 74
Use of Lake Victoria< 75
Surplus flow to South Australia 76
Entitlements of New South Wales and Victoria 77
New South Wales' entitlement to water from Menindee Lakes 78
New South Wales' and Victoria's supply to South Australia 79
Limitations on use by New South Wales and Victoria 80
Division 3-Control by Commission
Commission's role in operation of storages 81
Limitations on Menindee Lakes operation 82
Accounting for releases for dilution 83
Procedures for Dartmouth Dam operation 84
Reserve storage 85
Use of State works to convey Murray water 86
Division 4-Water
General< 87
Allocation of water to New South Wales and Victoria 88
Allocation of water in Menindee Lakes Storage 89
Tributary inflows 90
Use by New South Wales and Victoria of allocated water 91
Snowy diversions out of Murray catchment 92
Losses 93
New South Wales' and Victoria's supply to South Australia 94
Deferment of continuous accounting of carryover of stored water 95
Reallocation of water between upper States 96
Accounting for quality of inputs from State tributaries and for Snowy Scheme 97
To provide efficient regulation of the Murray River 98
Accounting procedures 99
Accounting for spill from storages 100
Accounting for releases through Dartmouth Dam Power Station 101
Reallocation of water in Menindee Lakes Storage 102
Dilution at Swan Hill and Merbein 103
Division 5-Periods of Restriction
Declaration of restrictions 104
Variation of navigation depths during restrictions 105
Water under the control of the Commission 106
Sharing of water during restrictions 107
South Australian share during restrictions 108
PART X
Lake Victoria Works
Power to store water in Lake Victoria 109
Water stored in Lake Victoria 110
PART XI
Menindee Lakes Storage
Cessation of Menindee Lakes Storage Agreement 111
Maintenance of Menindee Lakes Storage 112
Full supply levels 113
Financial contributions of Commission 114
PART XII
Effect of Snowy Mountains Agreement
Reconciliation with Snowy Mountains Agreement 115
PART XIII
Miscellaneous
Arbitration 116
Proposals to amend Agreement 117
Furnishing information and particulars 118
Authorities to observe Agreement 119
Transitional provisions 120
SCHEDULE A
Description of Works
AN AGREEMENT made the First day of October One thousand nine hundred and
eighty-two between-
THE COMMONWEALTH OF AUSTRALIA of the first part,
THE STATE OF NEW SOUTH WALES of the second part,
THE STATE OF VICTORIA of the third part, and
THE STATE OF SOUTH AUSTRALIA of the fourth part.
WHEREAS on 9 September 1914 an Agreement was entered into by the Prime
Minister of the Commonwealth of Australia and the Premiers of the States of New
South Wales, Victoria and South Australia with regard to the economical use of
the waters of the River Murray and its tributaries for irrigation and
navigation and to the reconciling of the interests of the Commonwealth and the
said States which Agreement was ratified and approved by the Parliament of the
Commonwealth of Australia and the Parliaments of the said States and which
Agreement is hereinafter referred to as the First Agreement:
AND WHEREAS by further Agreements dated 10 August 1923, 23 July 1934, 26
November 1948, 2 November 1954, 11 September 1958, 8 October 1963 and 26
February 1970, all made between the Prime Minister of the Commonwealth of
Australia and the Premiers of the States of New South Wales, Victoria and South
Australia certain provisions of the First Agreement were modified:
AND WHEREAS the further recited Agreements were all subsequently ratified
and approved by the Parliament of the Commonwealth of Australia and by the
Parliaments of the said States:
AND WHEREAS it is desirable to consolidate the provisions of the First
Agreement and further recited Agreements, and to incorporate certain
recommendations concerning the quality of waters and to provide for certain
other matters in addition to and in substitution for certain provisions of the
First Agreement and the further recited Agreements:
NOW IT IS HEREBY AGREED as follows-
PART I-INTERPRETATION
Definitions
1. In this Agreement save where inconsistent with the context-
'Commission' means The River Murray Commission constituted under the former
Agreement and continued in existence under clause 7.
'Commissioner for the Commonwealth' means the Commissioner appointed by the
Governor-General pursuant to clause 9.
'Commissioner for New South Wales' means the Commissioner appointed by the
Governor of New South Wales pursuant to clause 9.
'Commissioner for South Australia' means the Commissioner appointed by the
Governor of South Australia pursuant to clause 9.
'Commissioner for Victoria' means the Commissioner appointed by the Governor of Victoria pursuant to clause 9.
'Commonwealth auditor' means the Auditor-General of the Commonwealth or such
other person as may be appointed by the Governor-General for the purpose of
carrying out the inspection and audit referred to in paragraph 59 (1) (a).
'Contracting Government' means any of the Governments of the Commonwealth, the
State of New South Wales, the State of Victoria or the State of South
Australia.
'Constructing Authority' means the Contracting Government or Governments by
which any works authorised by this Agreement or the former Agreement have been
or are being constructed or are to be constructed or any authority constituted
or appointed for the purpose of such construction.
'Deputy Commissioner for the Commonwealth' means the Deputy Commissioner appointed by the Governor-General pursuant to clause 9.
'Deputy Commissioner for New South Wales' means the Deputy Commissioner
appointed by the Governor of New South Wales pursuant to clause 9.
'Deputy Commissioner for South Australia' means the Deputy Commissioner
appointed by the Governor of South Australia pursuant to clause 9.
'Deputy Commissioner for Victoria' means the Deputy Commissioner appointed by
the Governor of Victoria pursuant to clause 9.
'diversions' includes abstractions, impoundings and appropriations of water
that diminish or retard the volume of flow of a river.
'Doctors Point' means the location of the Doctors Point stream gauging station.
'former Agreement' means the Agreement made on 9 September 1914 between the
Prime Minister of the Commonwealth of Australia and the Premiers of the States
of New South Wales, Victoria and South Australia as amended by further
agreements dated 10 August 1923, 23 July 1934, 26 November 1948, 2 November
1954, 11 September 1958, 8 October 1963 and 26 February 1970.
'Governor-General' means Governor-General with the advice of the Executive
Council.
'Governor' means Governor with the advice of the Executive Council.
'land' includes Crown lands and buildings, messuages, tenements and
hereditaments of any tenure and any easement right or privilege in over or
affecting any land.
'maintenance' includes repairs but does not include improvements to the design
or function of a work or replacement of the whole of the work.
'officer' means a person in the employ of the Commission who has been appointed
or employed by the Commission under sub-clause 22 (1).
'river' and 'tributary' respectively include any affluent, effluent, creek,
anabranch or extension of, and any lake or lagoon connected with, the river or
tributary.
'State' means the State of New South Wales, the State of Victoria or the State
of South Australia.
'State auditor' means a person appointed by the Governor of any of the States
of New South Wales, Victoria and South Australia for the purpose of carrying
out the inspection and audit referred to in paragraph 59 (1) (b).
'State Contracting Government' means any of the Governments of the State of New
South Wales, the State of Victoria or the State of South Australia.
'stored water' means water stored in or by any of the works described in
Schedule A or in or by any of the works authorised under clause 33. 'the
Authority' means the Snowy Mountains Hydro-electric Authority.
'the Snowy Mountains Agreement' means the agreement made between the
Commonwealth of Australia and the States of New South Wales and Victoria on 18
September 1957, and the agreement between the same parties made on 14 December
1957, both of which agreements are set out in Schedules to the Snowy Mountains
Hydro-electric Power Act 1949 of the Commonwealth of Australia.
Interpretation
2. (1) Unless the contrary intention appears, a reference in this Agreement
to any Act shall be read as including a reference to any Act amending, or in
substitution for, that Act.
(2) The headings of Parts, Divisions and clauses shall not affect the
interpretation of this Agreement.
(3) Unless the contrary intention appears, words importing the singular
shall include the plural and vice versa and words importing any gender shall
include any other gender.
(4) Unless the contrary intention appears, a reference to a Commissioner
shall be read as including a Deputy Commissioner who is acting as a
Commissioner.
PART II-APPROVAL AND ENFORCEMENT
Substitution
3. Except as otherwise provided in this Agreement and without affecting in
any way the past operation of the former Agreement, this Agreement shall
replace the former Agreement.
Approval
4. This Agreement, other than clause 5, is subject to approval by the
Parliaments of the Commonwealth of Australia and of the States of New South
Wales, Victoria and South Australia; and shall come into effect when so
approved.
Submission to Parliament
5. The Contracting Governments hereby agree to submit this Agreement for
approval to the respective Parliaments of the Commonwealth of Australia and of
the said States as soon as practicable after the date of this Agreement.
Parties to provide for enforcement of Agreement and Acts
6. Each of the Contracting Governments so far as its jurisdiction extends
and so far as it may be necessary shall provide for or secure the execution and
enforcement of the provisions of this Agreement and any Acts approving it.
PART III-THE COMMISSION
Constitution
7. The River Murray Commission constituted under the former Agreement shall
continue to function for the purposes of this Agreement and of the Acts
approving the same, and the Commission shall have such status and such powers
and duties and enjoy such privileges and immunities as may be conferred upon it
by this Agreement and the said Acts.
8. The Commission shall consist of four Commissioners.
Appointment of Commissioners and Deputy Commissioners
9. One Commissioner and one Deputy Commissioner shall be appointed by each
of the Governor-General, the Governor of New South Wales, the Governor of
Victoria and the Governor of South Australia.
Term of Appointment
10. Each Commissioner and Deputy Commissioner shall be appointed for a term
not exceeding five years and shall be eligible for re-appointment.
Continuation in Office
11. Where, immediately before the date on which this Agreement comes into
effect, a person holds office as a Commissioner or a Deputy Commissioner by
virtue of a provision of the former Agreement, he continues on and after that
date, but subject to this Agreement, to hold office for the remainder of his
term of office as if he had been appointed under the corresponding provision of
this Agreement, and any instrument by which his appointment was made continues
in force accordingly.
When Deputy Commissioner may act
12. Whenever-
(a) the Commissioner for the Commonwealth or a State is
(i) absent from Australia or from duty,
(ii) unable for any reason to attend a meeting of the
Commission, or
(iii) otherwise unable to perform the duties of his office, or
(b) there is a vacancy in the office of the Commissioner for the
Commonwealth or a State,
the Deputy Commissioner for the Commonwealth or that State, as the case may be,
shall act as Commissioner for the Commonwealth or that State, as the case may
be, and while so acting, shall have all the powers and perform all the duties
of that Commissioner.
Powers of Commissioners
13. Subject as provided in this Agreement the Commissioners shall have equal
powers.
Remuneration of Commissioners and Deputy Commissioners
14. The Commission shall not be responsible for the payment of a
Commissioner's or Deputy Commissioner's remuneration, allowances or expenses,
but each Commissioner or Deputy Commissioner shall be paid by the Contracting
Government by whose Governor-General or Governor (as the case may be) the
Commissioner or Deputy Commissioner has been appointed such remuneration,
allowances or expenses (if any) as shall be determined by or under any
applicable law or, in the absence of such law, by that Contracting Government.
Removal from office
15. A Commissioner or a Deputy Commissioner for the Commonwealth may at any
time be removed from office by the Governor-General and a Commissioner or a
Deputy Commissioner for a State may at any time be removed from office by the
Governor of that State.
Resignation
16. A Commissioner or a Deputy Commissioner may at any time tender
resignation of his appointment by writing under his hand, addressed, in the
case of a Commissioner or a Deputy Commissioner for the Commonwealth, to the
Governor-General, or in the case of a Commissioner or a Deputy Commissioner for
a State, to the Governor of that State and such resignation shall take effect
upon, and only upon, acceptance thereof by the Governor-General or the Governor
as the case may be.
Vacancies
17. Whenever a vacancy occurs in the office of-
(a) a Commissioner or a Deputy Commissioner for the Commonwealth, the
Governor-General, or
(b) a Commissioner or a Deputy Commissioner for a State, the Governor
of that State,
shall appoint a person to the vacant office.
Validity of proceedings
18. No act, proceeding or determination of the Commission shall be invalid
on the ground only of any defect in the appointment of any Commissioner or
Deputy Commissioner.
Meetings of the Commission
19. (1) The Commissioners may meet together for the transaction of the
Commission's business and may adjourn any meeting.
(2) A Commissioner may at any time call a meeting of the Commissioners.
(3) The Commissioner for the Commonwealth shall be the President of the
Commission and shall be the chairman at all meetings of the Commission at which
he is present.
(4) At any meeting of the Commission at which the Commissioner for the
Commonwealth is not present, the Deputy Commissioner for the Commonwealth shall
act as chairman of that meeting.
(5) The Commissioner for the Commonwealth shall have a deliberative vote but
shall not have a casting vote, except as provided in sub-clauses 20 (2), 82 (2)
and 116 (5).
(6) The four Commissioners shall be a quorum and, except as provided in
sub-clauses 20 (2), 82 (2) and 116 (5), the concurrence of all of them shall be
necessary for the transaction of the business of the Commission.
(7) Except as provided in this Agreement, the Commission shall regulate the
conduct of its own proceedings.
(8) The Commission shall cause proper minutes of all its proceedings to be
kept.
(9) A resolution in writing signed by all the Commissioners shall be as
valid and effectual as if it had been passed at a meeting of the Commissioners
duly convened and held. Any such resolution may consist of several documents in
like form, each signed by one or more of the Commissioners. The date and time
of affixing a signature as aforesaid shall be endorsed on the document to which
it is affixed and, provided that all Commissioners have signed as aforesaid,
the resolution shall be deemed to have been passed at the latest time so
endorsed.
Delegation
20. (1) The Commission may either generally or in relation to a matter or
class of matters by resolution of the Commission delegate to any Commissioner
or any officer any of its powers under this Agreement, except this power of
delegation.
(2) A delegation under sub-clause 20 (1) may be revoked by a majority vote
of the four Commissioners or, if the four Commissioners are equally divided, by
the casting vote of the Commissioner for the Commonwealth.
(3) A delegation of any power pursuant to this clause shall not prevent the
exercise of that power by the Commission.
(4) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Agreement, be deemed to have been exercised by the Commission.
Appointment of Committees
21. (1) The Commission may, from time to time, appoint such temporary or
standing committees as it shall see fit.
(2) A committee shall have and perform such powers and functions as the
Commission determines.
(3) The Commission may make arrangements with a Contracting Government with
respect to which costs associated with the work of a committee shall be borne
by the Commission and which shall be borne by that Contracting Government. Of
the costs to be borne by the Commission, the Commission shall decide which
costs shall be borne by the Contracting Governments and which costs shall be
borne by the State Contracting Governments.
Officers of the Commission
22. (1) The Commission may from time to time-
(a) appoint or employ such officers as it thinks fit and may dismiss or
remove officers so appointed or employed,
(b) determine the terms and conditions of employment, including
remuneration, of officers and, subject to any applicable law, provide for
their superannuation, and
(c) subject to such terms and conditions as it may approve, engage
consultants.
(2) All officers shall be subject to the sole control of the Commission.
Employment of officers in public service or in statutory authorities
23. (1) The Commission may, with the consent of the Minister controlling any
Department of the Public Service of any Contracting Government and on such
terms as may be mutually arranged, make use of the services of any of the
officers or employees of that Department.
(2) The Commission may, with the approval of a public authority and on such
terms as may be mutually arranged, make use of the services of any officer or
employee of that public authority.
(3) In sub-clause 23 (2), 'public authority' means a body, whether
incorporated or not, established for a public purpose by a law of the
Commonwealth, a State or a Territory.
Liability for acts of Commissioners and officers
24. (1) Each Contracting Government shall indemnify the Commissioner and
Deputy Commissioner appointed by the Governor-General or the Governor of its
State, as the case may be, in respect of any act or omission of that
Commissioner or that Deputy Commissioner, and for any losses or costs incurred
by him, in the bona fide execution of the powers vested in the Commission by or
under this Agreement or any Act approving the same.
(2) The Contracting Governments shall jointly indemnify each officer of the
Commission in respect of any act or omission of that officer, and for any
losses or costs incurred by him, in the bona fide execution of his duties as an
officer of the Commission.
(3) Any payments made pursuant to sub-clause 24 (2) shall be borne by the
Contracting Governments in equal shares.
PART IV-WATER QUALITY AND CONTROL
Studies and investigations
25. (1) The Commission may from time to time co-ordinate, or carry out, or
cause to be carried out, surveys investigations and studies regarding the
desirability and practicability of works or measures for the better
conservation and regulation of the waters of the River Murray or for the
protection or improvement of the quality thereof.
(2) The Commission shall not carry out or cause to be carried out any
surveys investigations or studies relating to works or measures on or adjacent
to a tributary of the River Murray without obtaining the consent of the State
in whose territory the tributary lies unless that tributary is a tributary
above Doctors Point or is the Darling River below Menindee.
(3) (a) The Commission may from time to time initiate proposals for the
better conservation and regulation of the waters of the River Murray or for the
protection or improvement of the quality thereof.
(b) Where the implementation of any such proposal would
significantly affect the flow, use, control or quality of any water
under the control, supervision or protection of a Contracting
Government, or of an authority of a Contracting Government, the
Commission shall so inform that Contracting Government or authority
and consider any matters raised by that Contracting Government or
authority in repect of the proposal.
Measurements of water quantity and quality
26. (1) The Commission shall establish, maintain and operate an effective
and uniform system-
(a) for making and recording continuous measurements of-
(i) the volumetric flow of-
(A) the River Murray, and
(B) such of the tributaries of the River Murray
as are within the boundaries of each of the States, and
(ii) the volume of-
(A) the stored water, and
(B) the water stored in the Menindee Lakes Storage,
at such locations as the Commission deems necessary to determine the volume of
the intake from the several portions of the drainage area of the River Murray,
the volume of flow at selected locations along the River Murray and the losses
from selected reaches of the River Murray, with their positions and modes of
occurrence;
(b) for making and recording continuous measurements of all
diversions, whether natural or artificial, or partly natural and partly
artificial, from the River Murray and from its said tributaries; and
(c) for measuring and monitoring the quality of-
(i) the waters of the River Murray,
(ii) the waters of the tributaries of the River Murray at such
locations at or near the confluence of each of those tributaries
with the River Murray as the Commission, after consultation with
the appropriate authorities of each of the Contracting Governments,
deems necessary,
(iii) the stored water, and
(iv) the water stored in the Menindee Lakes Storage.
(2) The Commission shall not establish, maintain or operate any of the
systems referred to in sub-clause 26 (1)-
(a) on or adjacent to a tributary of the River Murray without obtaining
the consent of the State in whose territory that tributary lies unless
that tributary is a tributary above Doctors Point or is the Darling River
below Menindee, or
(b) on or adjacent to the Menindee Lakes without obtaining the consent
of the State of New South Wales.
(3) Notwithstanding the provisions of sub-clause 26 (1), the Commission may
in lieu of establishing, maintaining, or operating the systems referred to in
that sub-clause-
(a) adopt the results of any measurements or monitoring made and
recorded by any Contracting Government, or
(b) request the State in whose territory the relevant tributary of the
River Murray or the Menindee Lakes lies to carry out such measuring or
monitoring as the Commission may consider necessary.
Water quality objectives and standards
27. The Commission may, in consultation with the appropriate responsible
authorities of each of the Contracting Governments, formulate water quality
objectives and, where appropriate, standards for any part of the River Murray
and may make recommendations with respect thereto to the Contracting
Governments.
Recommendations re water quantity and quality
28. The Commission may make recommendations to the Contracting Governments,
or to any authority, agency or tribunal of a Contracting Government, concerning
any matter, including the carrying out of any works or measures by a
Contracting Government, which, in the opinion of the Commission, may improve,
maintain or in any way affect the quality or quantity of the waters of the
River Murray or the stored water.
Commission to be informed of new proposals
29. (1) Whenever a Contracting Government, or one of its authorities, is
considering any proposal which may significantly affect the flow, use, control
or quality of any water under the control or supervision of the Commission,
that Contracting Government shall, or shall ensure that the authority shall,
before deciding if the proposal shall proceed and at such a time as will enable
the Commission to assess the possible effect of that proposal on the flow, use,
control or quality of that water and to make representations thereon to that
Contracting Government or that authority-
(a) inform the Commission of the proposal; and
(b) provide the Commission with all necessary information and data to
permit it to assess the anticipated effect of the proposal on the flow,
use, control or quality of the water.
(2) The Commission shall consult with each of the Contracting Governments,
and with any authority of a Contracting Government which that Contracting
Government considers is likely to consider a proposal of the type referred to
in sub-clause 29 (1), with a view to reaching agreement with that Contracting
Government, or that authority, as to-
(a) the types of proposals to which sub-clause 29 (1) shall be deemed to
apply; and
(b) the criteria to be used in assessing those proposals to which
sub-clause 29 (1) applies.
Regard to be had to river and water management objectives
30. In exercising its powers under this Agreement and in implementing the
provisions of Part IX, the Commission may, at its discretion, have regard to
the possible effects of its decisions on any river or water management
objectives.
Protection of catchment of Hume Reservoir
31. (1) The Contracting Governments of the States of New South Wales and
Victoria shall take effective measures to protect from erosion the portions of
the catchment of the Hume Reservoir which lie within their respective States.
(2) Each of the said Contracting Governments shall before the end of June in
each year forward a report to the Commission on the condition of the portion of
the catchment of the Hume Reservoir within its territory, the measures taken
and work carried out during the twelve months ending on the 31st day of March
immediately preceding and particulars of the measures and works proposed for
the next twelve months.
(3) The Commission shall, from time to time, inspect or cause to be
inspected such portions of the catchment of the Hume Reservoir as it thinks fit
and may indicate at any time whether in its opinion the measures taken and
works carried out by the said Contracting Governments for the protection from
erosion of that catchment are effective or otherwise. If, on any inspection,
the Commission considers that any of those measures or works are ineffective,
it shall notify the Contracting Government concerned which shall, to the extent
that it may be practicable to do so, take action to make those measures and
works effective.
(4) The measures, works and action taken or carried out by a Contracting
Government pursuant to sub-clause 31 (1) or 31 (3) shall be taken or carried
out at the cost of that Contracting Government.
(5) If at any time the Commission considers that there is need for special
action to be taken for the protection from erosion of the catchment of the Hume
Reservoir other than, or in addition to, the measures, works and action taken
or carried out by each of the said Contracting Governments under sub-clauses 31
(1) and 31 (3), the Commission may require the Contracting Government, in whose
territory the special action is to be carried out, to investigate the position
and to take such special action as may be required, and authorised, by the
Commission.
PART V-CONSTRUCTION, OPERATION AND MAINTENANCE OF WORKS
Major works subject to the Agreement
32. Each of the works described in Schedule A or authorised under clause 33
shall be constructed (unless already constructed under the former Agreement),
maintained, operated and controlled pursuant to the provisions of this
Agreement and any Acts approving the same and the construction, maintenance,
operation and control of each of those works shall, subject to the provisions
of this Agreement, be undertaken, in the case of the works described in
Schedule A, by the Contracting Government whose name is set opposite to that
work under the heading 'Nominated Government' in the said Schedule, and, in the
case of works authorised under clause 33, by the Contracting Government
nominated in accordance with that clause.
Authorisation of additional works
33. (1) In any case where the Commission is of the opinion that it is
necessary for the purposes of this Agreement to construct a work in addition to
those described in Schedule A, including a work which the Commission has
determined is necessary to prevent the loss of the regulated flow of the River
Murray and is to be constructed on or near the River Murray between the Hume
Reservoir and the upstream limits of water impounded by Yarrawonga Weir or
between Tocumwal and Echuca, the construction of that work may be authorised,
(a) if the estimated cost of construction of that work is not in
excess of $1,000,000, by the Commission, or
(b) in any other case, by the Contracting Governments jointly,
and the provisions of this Agreement shall apply mutatis mutandis in respect of
that work.
(2) When the construction of a work is authorised under sub-clause 33 (1),
the Contracting Governments, or the Commission, as the case may be, shall also
nominate which Contracting Government shall be responsible for the
construction, maintenance, operation and control of that work.
Ancillary, preventative and remedial works
34. On the application of a Commissioner, the Commission may, at its
discretion, meet, or contribute to, the costs of, or associated with-
(a) the construction, maintenance, operation or control of,
(i) any works of a Contracting Government ancillary to the works
constructed pursuant to this Agreement or the former Agreement, and
(ii) any preventative or remedial works of a Contracting
Government necessitated by, or arising from, the construction or
operation of works constructed pursuant to this Agreement or the
former Agreement,
(b) the acquisition by a Contracting Government of any interest in
land necessary for the construction, maintenance, operation or control of
those ancillary, preventative or remedial works, or for the provision of
flood easements, and
(c) remedying any actual or anticipated damage or injury occasioned by
the construction, maintenance, operation or control of any works provided
for in this Agreement or the former Agreement, provided that the
Commission shall first obtain the consent of the Contracting Governments
before meeting, or contributing to, the costs of, or associated with, the
construction of any ancillary, preventative or remedial work estimated to
cost in excess of $250,000.
Preparation and submission of designs, etc. for Commission appr oval
35. (1) Whenever a Contracting Government is nominated to construct a work
pursuant to this agreement, that Contracting Government shall cause to be
prepared and submitted to the Commission for its approval a general scheme of
the work to be constructed, and before commencing the construction of that work
shall cause to be prepared and submitted to the Commission for its approval the
necessary designs, specifications and estimates of that work.
(2) The Commission may approve the said general scheme, designs,
specifications or estimates with or without alterations or additions, or may,
from time to time, refer them or any of them for amendment to the Contracting
Government submitting them. The construction of the work shall be carried out
in accordance with the designs and specifications approved by the Commission
and with any directions given by the Commission pursuant to clause 37.
(3) The Commission shall furnish information to the Contracting Governments
in relation to the design and construction of any work estimated to cost more
than $1,000,000 and work shall not proceed unless the Contracting Governments
are satisfied that the design and construction of the work are in accordance
with the purposes for which the work was proposed. For the purposes of this
sub-clause, 'design' means general design which illustrates the nature and
extent of the work and ' construction' implies construction in accordance with
the said design.
Commission and Government approval of certain tenders
36. (1) A Constructing Authority shall obtain the approval of the Commission
before accepting any tender exceeding $1,000,000 in respect of any work to be
constructed pursuant to this Agreement, and the approval of the Commission
shall not be given without the prior approval of each of the Contracting
Governments.
(2) If, after a tender referred to in sub-clause 36 (1) has been accepted,
changes in the concept or design, or the concept and design, of the works
included in that tender cause the total estimated cost of those works at the
time of acceptance of the tender to rise by more than 10% above that total
estimated cost, the Commission shall forthwith notify the Contracting
Governments accordingly and shall direct the Constructing Authority to suspend
further work unless the Contracting Governments have within six months after
the Commission's notification agreed that work should proceed.
Directions for the efficient construction etc. of works
37. The Commission shall have full power to give directions to ensure the
efficient construction, operation and required performance of all works
constructed pursuant to this Agreement or the former Agreement and to order and
direct-
(a) the rate of progress of works whether of construction or
maintenance;
(b) the method and extent of maintenance of works;
(c) if necessary, what works shall be regarded as works of construction
or of maintenance; and
(d) such acts and things as it considers necessary for ensuring the due
observance of this Agreement;
and any directions so given shall be carried out by the Constructing Authority.
Completion of Chowilla Reservoir
38. Completion of the construction of the Chowilla Reservoir referred to in
Schedule A shall be deferred until the Contracting Governments agree that the
work shall proceed.
States to facilitate construction and operation within their territories
39. A Contracting Government within whose State any works for the purposes
of this Agreement are to be, or are being, or have been, constructed by another
Contracting Government, or an authority constituted or appointed for the
purpose of that construction by another Contracting Government, shall grant to
the Contracting Government or Constructing Authority all such powers, licences
and permissions in and to the use of, or with respect to, its territory as may
be necessary for the construction, maintenance, operation and control of those
works and for carrying out any operations authorised by this Agreement.
Works for benefit of State Contracting Governments
40. If any one of the State Contracting Governments desires to carry out on
the bed of, or within the banks of, the River Murray any work other than the
works provided for in this Agreement, either as a work of the State of that
State Contracting Government, or as a joint work with another State Contracting
Government, particulars of the proposal, including plans of the proposed work,
shall be submitted by that State Contracting Government, or those State
Contracting Governments, to the Commission. The Commission may approve the
proposed work with or without alteration and if the proposed work provides for
the storage of water or will affect the flow, use, control or quality of the
waters of the River Murray, the Commission may, from time to time, stipulate
conditions under which the said work shall be operated or controlled insofar as
regulation of the river flow, or the quality of water, may be affected, and the
whole cost of construction, maintenance, operation and control of the said work
shall be borne by the State Contracting Government or State Contracting
Governments concerned, as may be agreed upon between them, and the State
Contracting Government which operates and controls the work shall cause it to
be operated and controlled in such manner as may, from time to time, be
required by the Commission.
Declaration that works effective
41. At any time after the commencement of the construction of any work
described in Schedule A or authorised pursuant to sub-clause 33 (1), the
Commission may declare that work to be effective for the purposes of this
Agreement.
Maintenance of works
42. Where a Contracting Government has been nominated to construct a work
pursuant to this Agreement or the former Agreement, that Contracting Government
shall maintain the work so constructed and keep the same effective for the
purpose for which it was designed, unless that work shall have been declared to
have become ineffective in accordance with clause 47.
Procedures for operation and control of works
43. The Commission may, from time to time, determine procedures for the
operation and control of works constructed pursuant to this Agreement, or the
former Agreement.
Dredging and Snagging
44. (1) Where any weir has been constructed pursuant to this Agreement, or
the former Agreement, the Commission may from time to time, at its discretion,
determine that dredging or snagging in the River upstream of that weir shall be
carried out within such distance from that weir as the Commission shall
determine, but not exceeding the distance to which the navigability of the
River Murray is affected by that weir. The Contracting Government which
constructed that weir shall, at its own cost, carry out such dredging or
snagging as the Commission may determine.
(2) Notwithstanding the provisions of sub-clause 44 (1), the Commission may,
in its absolute discretion, agree to bear the whole or part of the cost of the
said dredging and snagging.
(3) For the purposes of this clause, 'weir' includes a weir and lock or a
barrage in any of the channels at the mouth of the River Murray.
Operation and control of works
45. The works constructed by a Contracting Government under this Agreement,
or the former Agreement, shall be operated and controlled by that Contracting
Government in accordance with procedures determined by the Commission pursuant
to clause 43; and that Contracting Government, in the case of a lock
constructed pursuant to this Agreement, or the former Agreement, shall at all
times maintain immediately upstream thereof a depth of water sufficient for
navigation by vessels drawing 1.4 metres of water or such other depth of water
as may be determined by the Commission under clause 105 provided that the
requirement as to depth shall not apply during the time that lock is closed for
maintenance or during a situation of emergency which renders it impracticable
to maintain the required depth of water at that lock.
Performance of joint duties
46. Where, pursuant to this Agreement, the duty of maintaining, operating or
controlling any works, or of carrying out any operation, is to be performed by
any two Contracting Governments jointly, any questions which may arise as to
which of those Contracting Governments is to perform that duty, or to carry out
that operation, shall, unless mutually agreed upon between them, be determined
by the Commission.
Ineffective works
47. The Commission may at any time declare that the whole or any part of any
of the works constructed, maintained, operated or controlled pursuant to this
Agreement, or the former Agreement, has become ineffective for the purposes of
this Agreement, whereupon, if requested to do so by the Commission, the State
Contracting Government responsible for the maintenance, operation and control
of that work shall dismantle so much of that work as the Commission may
require.
PART VI-FINANCE
Apportionment of costs
48. (1) The Contracting Governments shall share equally-
(a) the cost of-
(i) carrying out, constructing or installing the works set out
in Schedule A,
(ii) the studies, programmes, surveys and investigations carried
out pursuant to clause 25,
(iii) establishing systems referred to in sub-clause 26 (1) or
systems established pursuant to a request made under paragraph 26
(3) (b),
(iv) special action taken under sub-clause 31 (5) which the
Commission has determined pursuant to sub-clause 48 (4) shall be
borne by the Contracting Governments in equal shares,
(v) constructing the works authorised under sub-clause 33 (1)
unless the Contracting Governments have entered into an agreement
under sub-clause 48 (3),
(vi) complying with a direction given under sub-clause 36 (2),
and
(vii) dismantling the works referred to in clause 47,
(b) the costs associated with the work of a committee which the
Commission has decided under sub-clause 21 (3) are to be borne by the
Contracting Governments,
(c) the amount of any payment made by the Commission
(i) under clause 34 but not including the amount of any payment
made in respect of the maintenance, operation or control of the
works of a Contracting Government referred to in paragraph 34 (a),
(b) or (c), and
(ii) under paragraph 114 (a), and
(d) the administrative and other expenses of the Commission which are
not included under paragraphs 48 (1) (a), (b) or (c).
(2) The State Contracting Governments shall share equally-
(a) the cost of maintaining, operating and controlling-
(i) the works set out in Schedule A,
(ii) systems referred to in sub-clause 26 (1) or systems
established pursuant to a request made under paragraph 26 (3) (b),
and
(iii) the works authorised under sub-clause 33 (1) unless the
Contracting Governments have entered into an agreement under
sub-clause 48 (3),
(b) the costs associated with the work of a committee which the
Commission has decided under sub-clause 21 (3) are to be borne by the
State Contracting Governments,
(c) the cost of special action taken under sub-clause 31 (5) which the
Commission has determined pursuant to sub-clause 48 (4) shall be borne by
the State Contracting Governments in equal shares,
(d) the amount of any payment made by the Commission in respect of the
maintenance, operation or control of the works of a Contracting
Government referred to in paragraph 34 (a), (b) or (c),
(e) such costs of dredging or snagging carried out under clause 44 as
the Commission has agreed to pay, and
(f) the amount of any payment made by the Commission under paragraph
114 (b).
(3) The Contracting Governments may agree that the costs of constructing,
maintaining, operating and controlling the works referred to in sub-clause 33
(1) shall be borne by one or more of the Contracting Governments in such shares
as may be agreed.
(4) Whenever any special action is taken under sub-clause 31 (5), the
Commission shall determine whether the cost of that special action is to be
borne by the Contracting Governments in equal shares or by the State
Contracting Governments in equal shares.
Financial year
49. The financial year of the Commission shall commence on the first day of
July in one year and finish on the 30th day of June in the succeeding year.
Detailed estimates of expenditure
50. (1) In the month of March in each year the Commission shall prepare
detailed estimates (being estimates in such form as may from time to time be
agreed by the Commission and the Contracting Governments) of its known and
anticipated expenditure for the forthcoming financial year under the following
heads-
(a) the matters referred to in paragraphs 48 (1) (a), (b) and (c),
(b) the matters referred to in sub-clause 48 (2),
(c) the matters referred to in paragraph 48 (1) (d), and
(d) all other expenses of the Commission not included under paragraphs
50 (1) (a), (b) or (c).
(2) The detailed estimates of expenditure shall show the share to be
contributed by each Contracting Government.
(3) Prior to the 31st day of March in each year, the Commission shall
forward a copy of the detailed estimates of expenditure to each of the
Contracting Governments.
Excess expenditure
51. (1) If, in the opinion of the Commission, it is necessary in any
financial year to provide for any expenditure in excess of the amount set out
in the detailed estimates of expenditure and for which provision cannot be made
under sub-clause 64 (2), the Commission shall prepare a detailed estimate of
that excess expenditure (being an estimate in such form as may from time to
time be agreed by the Commission and the Contracting Governments) showing the
share to be contributed by each Contracting Government.
(2) A copy of the detailed estimate of excess expenditure shall be forwarded
to each Contracting Government.
Forward estimates
52.(1) Whenever the Commission prepares a detailed estimate of expenditure
under clause 50 in respect of a financial year, it shall, at the same time,
prepare forward estimates of its known and anticipated expenditure in respect
of the three year period comprising that financial year and the two financial
years next ensuing after that financial year.
(2) Each forward estimate shall be in the same form as a detailed estimate
of expenditure prepared under clause 50 and the Commission shall forward a copy
thereof to each Contracting Government prior to the 31st day of March in each
year.
Payments by Contracting Governments
53. Each Contracting Government shall provide the share to be contributed by
it under the detailed estimates of expenditure or a detailed estimate of excess
expenditure and shall pay so much of the same as is required by the Commission
before the expiration of the twelve month period to which those estimates
apply, provided that the Commission shall not require the payment of moneys
relating to the construction of the works referred to in sub-clause 33 (1)
until the construction of those works has been authorised in accordance with
that sub-clause.
Payments by Commission to States
54.(1) In accordance with the detailed estimates of expenditure or a
detailed estimate of excess expenditure prepared by the Commission pursuant to
clause 50 or 51, the Commission shall in each year pay to any Constructing
Authority required by this Agreement to construct, maintain, operate or control
any works or to carry on any operation an amount sufficient to defray the cost
to be incurred by that Constructing Authority for those purposes in that year
or, in the case of the cost referred to in paragraph 114 (b), three-quarters of
that cost.
(2) The amounts to be paid to a Constructing Authority pursuant to
sub-clause 54 (1) shall be paid at such times and in such manner as may be
agreed between the Commission and that Constructing Authority provided that no
amount shall be paid to a Constructing Authority for construction of works
referred to in sub-clause 33 (1) until the construction of those works has been
authorised in accordance with that sub-clause.
Unexpended balances
55.(1) Whenever any moneys, which have been paid to the Commission by a
Contracting Government pursuant to clause 53, remain unexpended at the end of
the financial year in respect of which they were paid, those moneys shall be
retained by the Commission but shall cease to be available for expenditure by
the Commission in accordance with the estimates of expenditure for that
financial year.
(2) The Commission shall, within a reasonable time after the commencement of
the next financial year, furnish details of the unexpended moneys to that
Contracting Government and notify that Contracting Government that it now holds
the unexpended moneys as part of the share to be contributed under clause 53 by
that Contracting Government for the next financial year.
(3) On giving the notice referred to in sub-clause 55 (2), the unexpended
moneys shall become available for expenditure in accordance with the estimates
of expenditure for the next financial year.
(4) For the purposes of this clause:
'the estimates of expenditure' means a detailed estimate of expenditure, or a
detailed estimate of excess expenditure, or both, as the case may require,
'the next financial year' means the financial year next following the financial
year referred to in sub-clause 55 (1), and
'the unexpended moneys' means the unexpended moneys referred to in sub-clause
55 (1).
Disposal of surplus assets
56. The Commission shall, whenever appropriate, determine the time and
manner of disposal of surplus assets acquired by the Commission, or by a
Constructing Authority with funds made available by the Commission, and shall
also determine the manner in which the proceeds from that disposal shall be
distributed among the Contracting Governments.
Proper accounts to be kept
57. The Commission shall cause to be kept proper accounts and records of the
transactions and affairs of the Commission and shall do all things necessary to
ensure that all payments out of its moneys are correctly made and properly
authorised and that adequate control is maintained over the assets of, or in
the custody of, the Commission and over the incurring of liabilities by the
Commission.
List of assets
58. The Commission shall cause to be kept a list of the assets acquired by-
(a) the Commission, and
(b) a Constructing Authority with funds made available by the
Commission provided that, if the Commission is satisfied that proper
records of the assets acquired by a Constructing Authority with funds
made available by the Commission are kept by that Constructing Authority
and that copies of those records will be made available to the Commission
whenever the Commission so requests, the Commission may decide not to
keep a list of those assets.
Audit
59.(1) The accounts and records of financial transactions of the Commission
and records relating to assets of, or in the custody of, the Commission
(a) shall, at least once in each year, be inspected and audited by the
Commonwealth auditor, who shall forthwith draw the attention of each
Contracting Government to any irregularity disclosed by the inspection
and audit that is, in his opinion, of sufficient importance to justify
his so doing, and
(b) may at any reasonable time, be inspected and audited by a State
auditor.
(2) The Commonwealth auditor may, at his discretion, dispense with all or
any part of the detailed inspection and audit of any accounts or records
referred to in sub-clause 59 (1).
(3) The Commission shall, at all reasonable times, allow the Commonwealth
auditor, or a State auditor, or a person authorised by either of them, to have
full and free access to all accounts and records of the Commission relating
directly or indirectly to the receipt or payment of moneys by the Commission or
to the acquisition, receipt, custody or disposal of assets by the Commission.
(4) The Commission shall permit the Commonwealth auditor or a State auditor,
or a person authorised by either of them, to make copies of, or take extracts
from, any such accounts or records.
(5) The Commission shall, and shall ensure that its officers shall, furnish
to the Commonwealth auditor, a State auditor, or a person authorised by either
of them, such information in the possession of the Commission or any of its
officers, or to which the Commission or that officer has access, as the
Commonwealth auditor, a State auditor or authorised person considers necessary
for the purposes of the functions of the Commonwealth auditor or a State
auditor under this clause.
(6) A report of the result of any inspection and audit under this clause
shall be furnished to each Contracting Government and to the Commission by the
person making that inspection and audit.
Commission to account
60. The Commission shall account to the Contracting Governments for all
moneys received by the Commission from the Contracting Governments under or for
the purposes of this Agreement.
Contracting Governments to account
61. Each Contracting Government shall, and shall ensure that an authority of
that Contracting Government shall, account to the Commission for all moneys
received by that Contracting Government, or that authority, from the Commission
under or for the purposes of this Agreement.
Bank accounts
62.(1) The Commission may open and maintain an account or accounts with a
bank or banks selected by the Commission and shall maintain at all times at
least one such account.
(2) The Commission shall pay all moneys received by it into an account
referred to in sub-clause 62 (1).
Investment
63.(1) Moneys of the Commission not immediately required for the purposes of
this Agreement may be invested by the Commission on fixed deposit with a bank
selected by the Commission.
(2) Any interest received by the Commission on moneys invested pursuant to
sub-clause 63 (1) shall be retained by the Commission until the end of the
financial year in which it was received and,
(a) if the moneys in respect of which that interest was received were
contributed by all the Contracting Governments, or by a State Contracting
Government pursuant to clause 65, distribute that interest to the
Contracting Governments in equal shares, and
(b) if the moneys in respect of which that interest was received were
contributed only by the State Contracting Governments, or by one of them
pursuant to clause 66, distribute that interest to the State Contracting
Governments in equal shares.
(3) The Commission may agree with a Contracting Government that, instead of
distributing to that Contracting Government the moneys it would be entitled to
receive under sub-clause 63 (2), the Commission shall retain those moneys and
set them off against the amounts to be paid under clause 53 by that Contracting
Government to the Commission during the next financial year.
Application of moneys by Commission
64.(1) Subject as hereinafter provided in this clause, the Commission shall
apply moneys received by it pursuant to clause 53 only in accordance with the
detailed estimates of expenditure or the detailed estimates of excess
expenditure, as the case may be.
(2) (a) For the purposes of this sub-clause-
'estimated amount' in respect of the first item or the second item means the
amount set opposite to that item in a detailed estimate of expenditure as the
amount to be expended on that item in the financial year to which that detailed
estimate of expenditure relates,
'the first item' means an item appearing under one of the heads set out in
sub-clause 50 (1) in the same detailed estimate of expenditure in which the
estimated amount appears, and
'the second item' means an item, not being the first item, appearing in the
same detailed estimate of expenditure and under the same head as the first
item.
(b) If the Commission is satisfied that, in a financial year,
(i) the actual amount required to be expended on the first item
shall be less than the estimated amount for that item, and
(ii) the actual amount required to be expended on the second item
shall be greater than the estimated amount for that item
the Commission may, at its discretion, expend on the second item so much of the
estimated amount for the first item as is not required for expenditure on the
first item.
(3) The Commission shall, at the end of each financial year, notify to the
Contracting Government details of moneys it has expended pursuant to sub-clause
64 (2) during that financial year.
(4) When, in any financial year, a detailed estimate of excess expenditure
has been prepared and forwarded to each Contracting Government in accordance
with clause 51 that detailed estimate of excess expenditure shall, for the
purposes of sub-clause 64 (2), be read as being incorporated in, and forming
part of, the detailed estimate of expenditure for the same financial year.
Revenue
65. If a Contracting Government or an authority of that Contracting
Government receives moneys (other than tolls referred to in clause 66) from any
person arising out of the use by that person of any works constructed for the
purposes of this Agreement or the former Agreement, that Contracting Government
shall, or shall ensure that that authority shall, pay those moneys to the
Commission which shall retain them until the end of the financial year in which
they were received by the Commission when the Commission shall distribute those
moneys to the Contracting Governments in equal shares.
Tolls
66.(1) A State Contracting Government shall collect all tolls which are
prescribed by the Commission for the use of weirs and locks which have been
constructed for the purposes of this Agreement or the former Agreement and
which are operated and controlled by that State Contracting Government pursuant
to clause 45 and shall not otherwise collect tolls in respect of navigation on
the River Murray.
(2) Whenever a State Contracting Government collects a toll prescribed by
the Commission, it shall pay the amount collected without deduction to the
Commission which shall retain that amount until the end of the financial year
in which it was received by the Commission when the Commission shall distribute
that amount to the State Contracting Governments in equal shares.
Compensation for damage by works
67. Where, pursuant to any Act approving this Agreement, a Constructing
Authority has made compensation for any damage occasioned by, or arising out
of, anything done by it in constructing, maintaining, operating or controlling
any works provided for in this Agreement, the amount of that compensation, to
the extent that it has not been met, or contributed to, by the Commission under
paragraph 34 (c), shall be contributed by the Contracting Governments in equal
shares.
PART VII-REPORTS
Preparation of reports
68.(1) The Commission shall, as soon as practicable after the 30th day of
June in each year, prepare and submit to each of the Contracting Governments in
respect of the financial year ending on that date its financial statements
together with a report as to-
(a) its proceedings;
(b) the operations carried on by it or under its orders, with
particular reference to-
(i) the measurement of the flow of the River Murray and its
tributaries,
(ii) the measurement and monitoring of the quality of water, and
(iii) deliveries of water;
(c) the effect of the diversions to the said 30th day of June on the
flow of the River Murray and its tributaries;
(d) the construction, operation and maintenance of all works
constructed pursuant to this Agreement or the former Agreement;
(e) its administration generally; and
(f) the condition of the catchment of the Hume Reservoir and any
action taken by the Commission to protect from erosion the catchment
thereof pursuant to clause 31.
(2) Before submitting financial statements to the Contracting Governments,
the Commission shall submit them to the Commonwealth auditor who shall report
to each of the Contracting Governments-
(a) whether, in his opinion, the statements are based on proper
accounts and records,
(b) whether the statements are in agreement with the accounts and
records,
(c) whether, in his opinion, the receipt, expenditure and investment
of moneys, and the acquisition and disposal of assets, by the Commission
during the year have been in accordance with this Agreement, and
(d) as to such other matters arising out of the statements as the
Commonwealth auditor considers should be reported to the Contracting
Governments.
(3) Reports and statements to be submitted pursuant to sub-clause 68 (1)
shall be addressed to the Governor-General or the Governor (as the case may
require).
PART VIII- PROCEEDINGS IN DEFAULT
Failure to perform works or contribute cost
69.(1) If any Contracting Government (in this clause called 'the defaulting
Government') whose duty it is under this Agreement, or under any direction
issued in accordance with this Agreement, to construct, or to continue the
construction of, or to maintain, operate or control, any works, or to carry on
any operation, or to make a payment to the Commission which it is required to
make under clause 53, refuses or neglects to do so after being thereunto
required by the Commission, the Commission shall immediately notify to each of
the other Contracting Governments particulars of the default.
(2) If the default relates to the construction of, or to the continuation of
the construction of, or to the maintenance, operation or control of, any works,
or to the carrying on of any operation, the Contracting Governments that are
not in default and each of them, with the approval of the Commission,
(a) may, without prejudice to their or its other rights under this
Agreement, enter upon the territory of the defaulting Government and
construct, or continue and complete the construction of, or maintain,
operate or control, the whole of those works (or any part thereof
specified by the Commission), or carry on that operation (or any part
thereof specified by the Commission) and shall be deemed to have all such
powers, licences and permissions as are required from the defaulting
Government to construct, maintain, operate or control those works or to
carry on that operation and shall be entitled, in place of the
Constructing Authority required by this Agreement to construct, maintain,
operate or control those works, or to carry on that operation, to receive
the moneys payable to that Constructing Authority under clause 54 in
Government to the Commission in accordance with a document referred to in
paragraph 120 (3) (a) shall be deemed to have been provided pursuant to
clause 53 in respect of the current financial year;
(c) any moneys expended by the Commission prior to the commencing day in
accordance with a document referred to in paragraph 120 (3) (a) shall be
deemed to have been expended pursuant to this Agreement in respect of the
current financial year; and
(d) if this Agreement comes into effect on a day between the 31st day of
March and the next ensuing 30th day of June, both dates inclusive, any
documents forwarded prior to the commencing day by the Commission to the
Contracting Governments, being documents in the form of estimates for the
next financial year, shall be deemed to be estimates forwarded in respect
of that year.
(4) If, during the current financial year and prior to the commencing day,
any moneys of the Commission were invested on fixed deposit with a bank, any
interest received by the Commission during the current financial year on those
moneys shall be dealt with as if it was interest referred to in clause 63 and,
for that purpose, moneys of a kind referred to in clause 65 or 66 and
contributed by a State Contracting Government shall be deemed to have been
contributed by that State Contracting Government pursuant to clause 65 or 66,
as the case may be.
(5) Any other matters of a transitional nature concerning this Agreement
shall be settled by agreement between the Contracting Governments.
SCHEDULE A
Description of works Location Nominated government
DARTMOUTH DAM with a capacity of approximately 4,000,000 megalitres. Mitta
Mitta River upstream of the town of Dartmouth, north- eastern Victoria.
Government of Victoria.
HUME DAM with a capacity of approximately 3,038,000 megalitres.
River Murray upstream of the city of Albury, New South Wales. The Governments
of New South Wales and Victoria, jointly.
LAKE VICTORIA WORKS- regulation reservoir with a storage capacity of
approximately 700,000 megalitres. Lake Victoria, New South Wales connected with
main stream of River Murray by Rufus River and Frenchman's Creek. Government of
South Australia.
YARRAWONGA WEIR- storage of about 120,000 megalitres. River Murray near the
town of Yarrawonga, Victoria. Government of Victoria.
CHOWILLA DAM-with a capacity of approximately 5,900,000 megalitres.
River Murray between the towns of Renmark and Wentworth. Government of South
Australia.
Weirs and locks:
Construction of thirteen weirs and locks in the course of the River Murray from
its mouth to Echuca, namely:
River distance from Murray mouth in kilometres.
No. 1 Blanchetown 274 Government of South Australia
No. 2 Waikerie 362 Government of South Australia
No. 3 Overland Corner 431 Government of South Australia
No. 4 Bookpurnong 516 Government of South Australia
No. 5 Renmark 562 Government of South Australia
No. 6 Murtho 620 Government of South Australia
No. 7 Rufus River 697 Government of South Australia
No. 8 Wangumma 726 Government of South Australia
No. 9 Kulnine 765 Government of South Australia
No. 10 Wentworth 825 Government of New South Wales
No. 11 Mildura 878 Government of Victoria
No. 15 Euston 1,110 Government of New South Wales
No. 26 Torrumbarry 1,638 Government of Victoria
Description of works Location Nominated government
Weirs
Construction of two weirs in the course of the Murrumbidgee River from its
junction with the River Murray to Hay, namely: River distance
upstream from the junction with the River Murray in kilometres.
No. 5 Redbank 193 Government of New South Wales
No. 7 Maude 290 Government of New South Wales
Murray Mouth Barrages:
Goolwa Goolwa Channel Government of South Australia
Mundoo Mundoo Channel Government of South Australia
Boundary Boundary Creek Channel Government of South
Australia
Ewe Island Ewe Island Channel Government of South Australia
Tauwitchere Tauwitchere Island Channel Government of South
Australia
IN WITNESS WHEREOF this Agreement has been executed by the parties hereto as
at the day and year first above-written.
SIGNED on behalf of THE COMMONWEALTH OF AUSTRALIA by the Right Honourable JOHN
MALCOLM FRASER, Prime Minister of Australia, in the presence of: MALCOLM FRASER
PETER ARNOLD
SIGNED on behalf of THE STATE OF NEW SOUTH WALES by the Honourable NEVILLE
KENNETH WRAN, Premier of New South Wales, in the presence of: NEVILLE WRAN
M. HARKINS
SIGNED on behalf of THE STATE OF VICTORIA by the Honourable JOHN CAIN, Premier
of Victoria, in the presence of: JOHN CAIN
J. B. JACK
SIGNED on behalf of THE STATE OF SOUTH AUSTRALIA by the Honourable DAVID OLIVER
TONKIN, Premier of South Australia, in the presence of: DAVID TONKIN
PETER ARNOLD
MURRAY-DARLING BASIN ACT 1983 - SCHEDULE 2 SCH
SCHEDULE 2
Section 3
MURRAY-DARLING BASIN AGREEMENT
An agreement (to be called the 'Murray-Darling Basin agreement') made this
thirtieth day of October One thousand nine hundred and eighty seven between-
THE COMMONWEALTH OF AUSTRALIA (hereinafter referred to as 'the
Commonwealth') of the first part,
THE STATE OF NEW SOUTH WALES of the second part,
THE STATE OF VICTORIA of the third part, and
THE STATE OF SOUTH AUSTRALIA of the fourth part.
WHEREAS the Commonwealth, New South Wales, Victorian and South Australian
Governments wish to promote and co-ordinate effective planning and management
for the equitable efficient and sustainable use of the water, land and
environmental resources of the Murray-Darling Basin:
AND WHEREAS those Governments have agreed that certain amendments should be
made to an Agreement made between the parties on the first day of October 1982
and subsequently approved by the Parliaments of all those Governments
(hereinafter referred to as 'the principal agreement'):
NOW IT IS HEREBY AGREED by and between the parties to this agreement as
follows-
1. Unless the contrary intention appears, expressions used in this agreement
have the same meanings as they have in the principal agreement.
2. (1) This agreement, other than this sub-clause and sub-clauses (2) and
(3) of this clause, is subject to approval by the Parliaments of the
Commonwealth and of the States of New South Wales, Victoria and South Australia
and shall come into effect when so approved.
(2) The Commonwealth, New South Wales, Victorian and South Australian
Governments will submit this agreement for approval to their respective
Parliaments as soon as practicable after the date of this agreement.
(3) A further approval of the Parliaments referred to in sub-clause 2 (1)
shall not be required where any other State becomes a party to this agreement
pursuant to clause 117A.
3. Clause 1 of the principal agreement is amended by-
(a) deleting the definition of 'Commission', and inserting the
following: ''Commission' means the Commission continued in existence
hereunder under the name 'Murray-Darling Basin Commission'.';
(b) deleting from the definitions of 'Commissioner for the
Commonwealth', 'Commissioner for New South Wales', 'Commissioner for
South Australia' and 'Commissioner for Victoria' the words 'the
Commissioner' and substituting the words 'a Commissioner';
(c) deleting from the definition of 'Contracting Government' the words
'or the State of South Australia' and adding the words ', the State of
South Australia or, except for Parts V and VIII and sub-clauses 48 (2),
48 (3) and 48 (4) and paragraphs 48 (1) (a) and 48 (1) (c) of Part VI, a
State becoming a party pursuant to clause 117A.';
(d) deleting from the definitions of 'Deputy Commissioner for the
Commonwealth', 'Deputy Commissioner for New South Wales', 'Deputy
Commissioner for South Australia' and 'Deputy Commissioner for Victoria'
the words 'the Deputy Commissioner' and substituting the words 'a Deputy
Commissioner';
(e) inserting after the definition of 'the Authority' the following:
'the Ministerial Council' means the Ministerial Council established by Part
IIIA.
'the Murray-Darling Basin' means so much of the area within the boundaries of
the map shown in the schedule to this agreement as forms part of the territory
of the Contracting Governments.'
4. The following Part shall be inserted in the principal agreement before
Part III-
PART IIIA-ESTABLISHMENT OF MINISTERIAL COUNCIL
7A. (1) There shall be a Ministerial Council consisting of up to three
Ministers from each Contracting Government who have prime responsibility for
matters relating to water, land and environment.
(2) A member of the Ministerial Council for the time being representing a
party to this Agreement-
(a) may appoint a delegate who is another Minister of State of that
party to attend a meeting of the Ministerial Council in place of the
member; or
(b) shall, while a Minister of State of the party is for the time being
acting as the Minister who is referred to in sub-clause 7A (1), be the
Minister who is so acting, and references in this Agreement (other than
in this clause) to a member of the Ministerial Council shall include a
delegate in respect of attendance at any such meeting or a Minister who
is so acting.
7B. The functions of the Ministerial Council shall be the general oversight
and control over the major policy issues of common interest to the Contracting
Governments in relation to the Murray-Darling Basin.
7C. The Ministerial Council may give directions to the Commission concerning
the performance of the functions of the Commission and the exercise of its
powers and the Commission shall comply with those directions.
7D. The Ministerial Council may require the Commission to furnish to it a
report in relation to any of its operations.
7E. (1) The Ministerial Council shall meet at least once in each year but
otherwise at such times as it sees fit and shall, subject to this Agreement,
determine its own procedure.
(2) The quorum for a meeting of the Ministerial Council shall be each
Minister nominated under clause 7G or, in the absence of that Minister, a
Minister from the same Contracting Government authorised for this purpose by
the Minister so nominated.
(3) A resolution before the Ministerial Council will be carried only by a
unanimous vote of all Ministers present who constitute a quorum.
(4) The Chairperson of the Ministerial Council shall be one of the
Commonwealth Ministers who is a member of the Council and is at the relevant
time the member nominated for this purpose by the Prime Minister.
7F. The Ministerial Council
(a) shall constitute a Community Advisory Committee; and
(b) may constitute such other committees as it shall see fit, to assist
it in discharging its functions, with terms of reference, functions and
membership determined by it from time to time.
7G. The Prime Minister and the Premier of each other Contracting Government
shall from time to time each nominate one of the Ministers representing it on
the Ministerial Council to be the Minister responsible to the Ministerial
Council for the responses of that Minister's government.'.
5. Clause 7 of the principal agreement is amended by deleting the words
'shall continue to function' and substituting the words 'is continued in
existence under the name of the Murray-Darling Basin Commission'.
6. Clause 8 of the principal agreement is deleted and the following clause
substituted-
' 8. The Commission shall consist of the Commissioners, appointed pursuant
to clause 9.'.
7. The following clause shall be inserted before clause 9 of the principal
agreement-
' 9A. (1) A Commissioner, other than the President, shall disclose to the
President any direct or indirect pecuniary interest that he has or acquires in
a business carried on in Australia or in a body corporate carrying on such a
business, being an interest that could be in conflict with his duties as a
Commissioner.
(2) The President shall give written notice to the Minister responsible for
administering on behalf of the Commonwealth this Agreement of all direct and
indirect pecuniary interests that he has or acquires in any business carried on
in Australia or in any body corporate carrying on any such business.".
8. Clause 9 of the principal agreement is amended-
(a) by deleting the words 'One Commissioner and one Deputy
Commissioner' and substituting the words 'Two Commissioners who, between
them, represent water, land and environmental resource management and two
Deputy Commissioners';
(b) by deleting the words 'and the Governor' after the word 'Victoria'
and substituting the words ', the Governor';
(c) by adding the words 'and the Governor of any State becoming a party
to this Agreement pursuant to clause 117A' after the words ' South
Australia'.
9. Clause 11 of the principal agreement is deleted and the following clause
substituted-
'11. (1) Where immediately before the variation date a person holds
office as a Commissioner or Deputy Commissioner by virtue of a provision of
this Agreement that person continues on and after that date to hold office for
the remainder of his term of office as if he had deen appointed to the
Murray-Darling Basin Commission and any instrument by which that appointment
was made continues in force accordingly.
(2) For the purposes of this clause, 'the variation date' means
the date on which this Agreement was first amended.'.
10. Clause 12 is amended by deleting the words 'the Commissioner' wherever
appearing and substituting the words 'a Commissioner' and by deleting the
words 'the Deputy Commissioner for the Commonwealth or that State, as the case
may be, shall act as' and substituting the words 'the Deputy Commissioner
appointed for that Commissioner shall act as a'.
11. Sub-clause 19 (3) of the principal agreement is amended by deleting the
words 'The Commissioner for the Commonwealth shall be the President of the
Commission and' and substituting 'the Chairperson of the Ministerial Council
shall, after consulting with the Ministerial Council, appoint from the
Commissioners for the Commonwealth the President of the Commission who'.
12. Sub-clause 19 (4) of the principal agreement is amended by deleting the
words 'Commissioner for the Commonwealth is not present the Deputy
Commissioner for the Commonwealth' and substituting the words ' President of
the Commission is not present, the person appointed the Deputy Commissioner for
that Commissioner'.
13. Sub-clause 19 (5) of the principal agreement is deleted and the
following sub-clause substituted-
'(5) The chairman shall have a deliberative vote but shall not have a
casting vote except as provided in sub-clauses 20 (2), 82 (2) and 116 (5).'.
14. sub-clause 19 (6) of the principal agreement-
'(6A) The two Commissioners for a Contracting Government shall have a joint
vote, exercisable in the absence of one by the other.'.
15. Sub-clause 19 (6) of the principal agreement is deleted and the
following sub-clause substituted-
'(6) One Commissioner for each Contracting Government shall be a quorum.
Except as provided in sub-clauses 20 (2), 25A (2), 82 (2) and 116 (5), a
unanimous vote shall be necessary for the transaction of the business of the
Commission.'.
16. Sub-clause 20 (2) of the principal agreement is deleted and the
following sub-clause substituted-
'(2) A delegation under sub-clause 20 (1) may be revoked by a majority vote
of the Commissioners or, if the voting is equally divided, by the casting vote
of the chairman.'.
17. Sub-clause 21 (3) and paragraphs 48 (1) (b) and 48 (2) (b) of the
principal agreement are deleted.
18. Sub-clause 24 (1) of the principal agreement is amended by deleting-
(a) the words 'the Commissioner and Deputy Commissioner' and
substituting the words 'the Commissioners and Deputy Commissioners';
(b) the words 'that Commissioner or that Deputy Commissioner' and
substituting the words 'any of those Commissioners or those Deputy
Commissioners'; and
(c) the word 'him' and substituting the words 'any of them'.
19. The following Part shall be inserted in the Agreement before Part IV-
'PART IVA MURRAY-DARLING BASIN
25A. (1) The Commission shall advise the Ministerial Council in relation to
the management of the water land and environmental resources within the
Murray-Darling Basin.
(2) Subject to this sub-clause, the advice referred to in sub-clause 25A
(1) shall be determined by majority vote of the Commissioners for the
Contracting Governments. In the event of a unanimous decision not being reached
the Commissioners for each Contracting Government may jointly tender separate
advice to the Ministerial Council.
25B. The Commission shall, to the extent to which its powers so extend, give
effect to any policy or decision of the Ministerial Council whether or not the
subject of advice under clause 25A which the Ministerial Council requires it to
implement. Those powers however, shall not extend to enable the Commission to
do anything for which Part IV and subsequent Parts provide otherwise than as
provided for by those Parts.'.
20. (1) Sub-clause 25 (2) of the principal agreement, is amended by adding
the words- 'The Commission shall inform the Ministerial Council of the proposed
surveys, investigations or studies for which that consent is being sought.'.
(2) Paragraph 25 (3) (b) of the principal agreement is amended by inserting
the words 'the Ministerial Council and either' after the word 'inform' and by
substituting the words 'by any of them' for the words 'by that Contracting
Government or authority'.
(3) Sub-clause 26 (2) of the principal agreement is amended by adding the
following words- 'The Commission shall inform the Ministerial Council of the
establishment, maintenance or operation of any of those systems for which a
consent under either paragraph 26 (2) (a) or 26 (2) (b) is being sought.'.
(4) Clause 27 of the principal agreement is amended by deleting the words
'to the Contracting Governments' and substituting the words ' to the
Ministerial Council'.
(5) Clause 28 of the principal agreement is amended by:
(a) deleting the words 'or to';
(b) inserting before the word 'concerning' the words 'or the
Ministerial Council,' and
(c) adding the words 'and shall inform the Ministerial Council of the
recommendation at the time it is made.'.
21. Paragraph 33 (1) (b) and sub-clause 33 (2) of the principal agreement
are amended by deleting the words 'Contracting Governments jointly' and
'Contracting Governments' and substituting the words ' Ministerial Council'.
22. Clause 34 of the principal agreement is amended by deleting the words
'of the Contracting Governments' and substituting the words ' of the
Ministerial Council'.
23. (1) Sub-clause 35 (3) of the principal agreement is amended by deleting
the words 'Contracting Governments' and 'Contracting Governments are' and
substituting the words 'Ministerial Council' and ' Ministerial Council
is' respectively.
(2) Sub-clause 36 (1) of the principal agreement is amended by deleting the
words 'each of the Contracting Governments' and substituting the words 'the
Ministerial Council'.
(3) Sub-clause 36 (2) of the principal agreement is amended by deleting the
words 'Contracting Governments' and 'Contracting Governments have' and
substituting respectively the words 'Ministerial Council' and 'Ministerial
Council has'.
(4) Clause 40 of the principal agreement is amended by deleting the words
'agreed upon between them' and substituting the words 'determined by the
Ministerial Council'.
(5) Sub-paragraph 48 (1) (a) (iv) and paragraph 48 (2) (c) of the principal
agreement are amended by deleting the word 'Commission' and substituting the
words ' Ministerial Council'.
(6) Sub-paragraphs 48 (1) (a) (v) and 48 (2) (a) (iii) of the principal
agreement are amended by deleting the words 'Contracting Governments have
entered into an agreement' and substituting the words ' Ministerial Council
has determined otherwise'.
(7) Sub-clause 48 (3) of the principal agreement is deleted and the
following sub-clause substituted-
(3) The Ministerial Council may determine the shares in which one or more
of the Contracting Governments is to bear the costs of constructing,
maintaining, operating and controlling the works referred to in sub-clause 33
(1).'.
(8) Sub-clause 48 (4) of the principal agreement is amended be inserting
before the word 'determine' the following words ' recommend to the
Ministerial Council and the Ministerial Council shall'.
(9) Sub-clause 50 (1) and clause 117 of the principal agreement are amended
by deleting the words 'Contracting Governments' and substituting the words
'Ministerial Council'.
(10) Sub-clauses 50 (2) and 51 (2) of the.principal
agreement are amended by inserting the words 'which shall be subject to the approval of the Ministerial
Council' after the word 'expenditure'.
(11) Sub-clause 52 (1) of the principal agreement is amended by inserting
after the word 'prepare' the words 'and submit to the Ministerial Council for
its approval'.
(12) Sub-clause 59 (6) of the principal agreement is amended by inserting
after the word 'Government' the words ', the Ministerial Council'.
(13) Clause 60 of the principal agreement is amended by inserting the words
'to the Ministerial Council and' after the word 'account'.
(14) Sub-clause 64 (4) of the principal agreement is amended by inserting
the words 'the Ministerial Council and ' after the word 'to'.
(15) Sub-clauses 68 (2) and 68 (3) of the principal agreement are amended by
deleting from each sub-clause the words 'each of the Contracting Governments'
and the words 'Governor-General or the Governor (as the case may require)' and
substituting in each case the words 'the Ministerial Council'.
(16) Sub-clause 69 (1) of the principal agreement is amended by deleting the
words 'to each' and substituting the words 'the Ministerial Council and each'
and inserting the word 'of' after the word 'Governments'.
(17) Clause 74 of the principal agreement is amended by deleting the words
'the Commissioner' and substituting the words 'a Commissioner'.
(18) Sub-clauses 82 (2) and 116 (5) of the principal agreement are amended
by deleting the words 'the four Commissioners or, if the four Commissioners are
equally divided, by the casting vote of the Commissioner for the Commonwealth'
and substituting the words 'the Commissioners or, if the voting is equally
divided, by the casting vote of the chairman'.
(19) Sub-clause 116 (1) of the principal agreement is amended by deleting
the words ', as provided in this clause be referred for decision to an
arbitrator' and substituting the words 'be referred to the Ministerial Council,
one or more members of which, if it fails to resolve it within six months, may,
as provided in this clause, refer the question to an arbitrator'.
(20) Sub-clause 116 (2) of the principal agreement is amended by deleting
the words 'the end of the prescribed period' and substituting the words 'or
about the time the question is referred for decision to an arbitrator'.
(21) Sub-clause 116 (4) of the principal agreement is amended by inserting
the words ', the Ministerial Council' immediately before the words 'and the'.
(22) Paragraph 116 (6) (b) of the principal agreement is amended
(a) by deleting the word 'four'; and
(b) by deleting the words 'Commissioner for the Commonwealth' and
substituting the word 'chairman'.
24. The following clause shall be inserted in the principal agreement before
clause 117- '117A. (1) Subject to sub-clause 117A (2), a State of the
Commonwealth not initially a party to this Agreement may, on the concurrence in
writing of the existing parties, become a party by signature on its behalf of a
copy of this Agreement and notifying each party to this Agreement in writing of
the signature and date of signature.
(2) This Agreement shall have no force or effect in relation to a State to
which sub-clause 117A (1) applies unless and until it is approved by the
Parliament of that State.'.
25. The following Schedule is inserted after Schedule A to the principal
agreement.
SCHEDULE B
MURRAY-DARLING BASIN
IN WITNESS WHEREOF this agreement has been respectively signed for and on
behalf of the parties hereto on the day and year first above-written.
SIGNED by the Honourable
ROBERT JAMES LEE HAWKE, Prime
Minister of the Commonwealth
of Australia in the presence of -
BOB HAWKE
ADRIENNE JACKSON
SIGNED by the Honourable
BARRIE JOHN UNSWORTH, Premier
of the State of New South Wales, in the presence of-
G. GLEESON
BARRIE UNSWORTH
SIGNED by the Honourable
JOHN CAIN, Premier of the State of Victoria, in the presence of-
ANDREW McCUTCHEON
JOHN CAIN
SIGNED by the Honourable
DONALD JACK HOPGOOD, Acting Premier of the State of South Australia, in the
presence of-
LOU ZOLLO
DON HOPGOOD
MURRAY-DARLING BASIN ACT 1983 - SCHEDULE 3 SCH
SCHEDULE 3
Section 3
AN AGREEMENT made this 4th day of October One thousand nine hundred and ninety
BETWEEN
THE COMMONWEALTH OF AUSTRALIA ('the Commonwealth') of the first part,
THE STATE OF NEW SOUTH WALES of the second part,
THE STATE OF VICTORIA of the third part, and
THE STATE OF SOUTH AUSTRALIA of the fourth part.
WHEREAS the Commonwealth, New South Wales, Victorian and South Australian
Governments wish to amend the Agreement made between the parties on 1 October
1982, as amended by the Murray-Darling Basin Agreement made on 30 October 1987
(which Agreement as so amended is herein called 'the principal agreement'), in
order to enable the Ministerial Council established thereunder to make
decisions otherwise than at duly convened meetings.
NOW IT IS HEREBY AGREED by and between the parties to this Agreement as
follows:
1. Unless the contrary intention appears, expressions used
in this Agreement have the same meanings as in the principal
agreement.
2. (1) This Agreement, other than this clause, is subject to
approval by the Parliaments of the Commonwealth and of the
States of New South Wales, Victoria and South Australia and
comes into effect when so approved.
(2) The Commonwealth, New South Wales, Victorian and South Australian
Governments will submit this Agreement for approval to their respective
Parliaments as soon as practicable after the Agreement is made.
(3) A further approval of the Parliaments is not required if another State
becomes a party to the Agreement in accordance with Clause 117A of the
principal agreement.
3. The following clause shall be inserted before clause 7F
of the principal agreement-
'7EA. (1)A decision of the Ministerial Council may be made other than at a
meeting of the Ministerial Council if made in accordance with this clause.
(2) If-
(a) the text of a proposed resolution is sent or given in writing by
facsimile or other transmission by an officer of the Commission
authorised by the Ministerial Council to a Minister nominated under
clause 7G or if that Minister is unavailable a Minister for the same
Contracting Government authorised for the purpose by the Minister so
nominated; and
(b) such Minister approves the proposed resolution and notifies that
officer in writing sent or given by facsimile or other transmission,
the proposed resolution is approved, by the Minister.
(3) When a Minister from each Contracting Government has approved a
resolution in accordance with sub-clause (2) the resolution shall be
deemed to have become a decision of the Ministerial Council at the date
and time the last of those Ministers has approved the resolution.
(4) Any decision of the Ministerial Council made in accordance with this
clause, must be recorded by an officer of the Commission authorised by
the Ministerial Council and a copy of the decision sent to each member of
the Ministerial Council within 21 days after the decision is made.
(5) The record made pursuant to sub-clause (4) shall be confirmed at the
next meeting of the Ministerial Council.'
IN WITNESS WHEREOF this Agreement has been respectively signed for and on
behalf of the parties hereto on the day and year first above-written.
SIGNED by the Honourable ROBERT JAMES LEE HAWKE,
Prime Minister of the Commonwealth of Australia,
in the presence of-ROBERT DAVID HANNA
SIGNED by the Honourable NICHOLAS FRANK GREINER,
Premier of the State of New South Wales,
in the presence of-RICHARD GEORGE HUMPHRY
SIGNED by the Honourable JOAN ELIZABETH KIRNER,
Premier of the State of Victoria,
in the presence of-DAVID ROBERT ESSINGTON LEWIS
SIGNED by the Honourable DONALD JACK HOPGOOD,
Acting Premier of the State of South Australia, in the presence of-ANN LAMBERT
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