Murray-Darling Basin Act 1983 (SA)
(Reprint No. 1)
SOUTH AUSTRALIA
Section
1. Short title
3. Interpretation
4. Act to bind the Crown
5. Approval of the Agreement
6. Appointment of Commissioners
7. Remuneration
8. Cessation of office
9. Powers of the Commission
10. Entry onto land
11. Construction of works authorized
12. Authority to carry out terms of the Agreement
13. Authorization to pay compensation
14. Acquisition of land
15. Crown land
16. Power to charge prescribed tolls
17. Appropriation
18. Exemption from taxes and charges
19. Evidence
20. Documents to be laid before Parliament
21. Jurisdiction of Supreme Court over Commission
22. Penalty for injuring works
23. Regulations
SCHEDULES
THE CONSOLIDATED AGREEMENT
FIRST SCHEDULE
PART I
INTERPRETATION
Clause
1. Definitions
2. Interpretation
PART II
APPROVAL AND ENFORCEMENT
3. Substitution
4. Approval
5. Submission to Parliament
6. Parties to provide for enforcement of Agreement and Acts
PART IIIA—ESTABLISHMENT OF MINISTERIAL COUNCIL
7A. 7B. 7C. 7D. 7E. 7EA.
7F. 7G.
PART III
THE COMMISSION
7. & 8. | Constitution |
9A. | |
9. | Appointment of Commissioners and Deputy Commissioners |
10. | Term of Appointment |
11. | Continuation in Office |
12. | When Deputy Commissioner may act |
13. | Powers of Commissioners |
14. | Remuneration of Commissioners and Deputy Commissioners |
15. | Removal from office |
16. | Resignation |
17. | Vacancies |
18. | Validity of proceedings |
19. | Meetings of the Commission |
20. | Delegation |
21. | Appointment of Committees |
22. | Officers of the Commission |
23. | Employment of officers in public service or in statutory authorities |
24. | Liability for acts of Commissioners and officers |
PART IVA—MURRAY-DARLING BASIN
25A. 25B.
PART IV
WATER QUALITY AND CONTROL
25. Studies and investigations
26. Measurements of water quantity and quality
27. Water quality objectives and standards
28. Recommendations re water quantity and quality
29. Commission to be informed of new proposals
30. Regard to be had to river and water management objectives
31. Protection of catchment of Hume Reservoir
PART V
CONSTRUCTION, OPERATION AND MAINTENANCE OF WORKS
32. Major works subject to the Agreement
33. Authorisation of additional works
34. Ancillary, preventative and remedial works
35. Preparation and submission of designs, etc. for Commission approval
36. Commission and Government approval of certain tenders
37. Directions for the efficient construction etc. or works
38. Completion of Chowilla Reservoir
39. States to facilitate construction and operation within their territories
40. Works for benefit of State Contracting Governments
41. Declaration that works effective
42. Maintenance of works
43. Procedures for operation and control of works
44. Dredging and snagging
45. Operation and control of works
46. Performance of joint duties
47. Ineffective works
PART VI FINANCE
48. Apportionment of costs
49. Financial year
50. Detailed estimates of expenditure
51. Excess expenditure
52. Forward estimates
53. Payments by Contracting Governments
54. Payments by Commission to States
55. Unexpended balances
56. Disposal of surplus assets
57. Proper accounts to be kept
58. List of assets
59. Audit
60. Commission to account
61. Contracting Governments to account
62. Bank accounts
63. Investment
64. Application of moneys by Commission
65. Revenue
66. Tolls
67. Compensation for damage by works
PART VII REPORTS
68. Preparation of reports
PART VIII
PROCEEDINGS IN DEFAULT
69. Failure to perform works or contribute cost
PART IX
DISTRIBUTION OF WATERS
DIVISION 1—INTERPRETATION
70. Definitions
71. Post Chowilla
DIVISION 2—STATE ENTITLEMENTS TO WATER
72. Measurement of South Australia’s entitlement
73. South Australia’s monthly entitlement
74. Variation of South Australia’s entitlements
75. Use of Lake Victoria
76. Surplus flow to South Australia
77. Entitlements of New South Wales and Victoria
78. New South Wales’ entitlement to water from Menindee Lakes
79. New South Wales’ and Victoria’s supply to South Australia
80. Limitations on use by New South Wales and Victoria
DIVISION 3—CONTROL BY COMMISSION
81. Commission’s role in operation of storages
82. Limitations on Menindee Lakes operation
83. Accounting for releases for dilution
84. Procedures for Dartmouth Dam operation
85. Reserve storage
86. Use of State works to convey Murray water
DIVISION 4—WATER ACCOUNTING
87. General
88. Allocation of water to New South Wales and Victoria
89. Allocation of water in Menindee Lake Storage
90. Tributary inflows
91. Use by New South Wales and Victoria of allocated water
92. Snowy diversions out of Murray catchment
93. Losses
94. New South Wales’ and Victoria’s supply to South Australia
95. Deferment of continuous accounting of carryover of stored water
96. Reallocation of water between upper States
97. Accounting for quality of inputs from State tributaries and for Snowy Scheme
98. To provide efficient regulation of the Murray River
99. Accounting procedures
100. Accounting for spill from storages
101. Accounting for releases through Dartmouth Dam Power Station
102. Reallocation of water in Menindee Lakes Storage
103. Dilution at Swan Hill and Merbein
DIVISION 5—PERIODS OF RESTRICTION
104. Declaration of restrictions
105. Variation of navigation depths during restrictions
106. Water under the control of the Commission
107. Sharing of water during restrictions
108. South Australian share during restrictions
PART X
LAKE VICTORIA WORKS
109. Power to store water in Lake Victoria
110. Water stored in Lake Victoria
PART XI
MENINDEE LAKES STORAGE
111. Cessation of Menindee Lakes Storage Agreement
112. Maintenance of Menindee Lakes Storage
113. Full supply levels
114. Financial contributions of Commission
PART XII
EFFECT OF SNOWY MOUNTAINS AGREEMENT
115. Reconciliation with Snowy Mountains Agreement
PART XIII
MISCELLANEOUS
116. Arbitration
117A. | |
117. | Proposals to amend Agreement |
118. | Furnishing information and particulars |
119. | Authorities to observe agreement |
120. | Transitional provisions |
SCHEDULE A
SCHEDULE B
APPENDIX
LEGISLATIVE HISTORY
being
River Murray Waters Act, 1983, No. 9 of 1983
[Assented to 28 April 1983]
as amended by
River Murray Waters Act Amendment Act, 1987, No. 89 of 1987 [Assented to 10 December 1987]
1 Came into operation 1 February 1984:
Gaz . 26 January 1984, p. 175.2 Came into operation 1 January 1988:
Gaz . 10 December 1987, p. 1796.3 Came into operation 1 March 1991:
Gaz . 21 February 1991, p. 594.
The Parliament of South Australia enacts as follows:
1. This Act may be cited as theMurray-Darling Basin Act, 1983 .
* * * * * * * * * *
3. (1) In this Act—"the Agreement" means the agreement, a copy of which is set out in the first schedule as amended by two subsequent agreements, copies of which are set out in the second and third schedules:
"the repealed Act" means the
River Murray Waters Act, 1935-1971 , repealed by this Act.
(2) In this Act, unless the contrary intention appears, words and expressions defined in the Agreement have the same meaning as in the Agreement.
4. This Act binds the Crown.
5. The Agreement is approved.
6. (1) The Governor may appoint two Commissioners and two Deputy Commissioners.(2) The Commissioners and Deputy Commissioners appointed under this section hold office—
on the terms and conditions specified in this Act and the Agreement; | |
and | |
on such further terms and conditions (if any) as are determined by the Governor. |
(3) The appointment of a Commissioner or Deputy Commissioner is not invalidated and cannot be called into question by reason of a defect or irregularity in or in connection with the appointment.
(4) No personal liability attaches to a Commissioner or Deputy Commissioner appointed under this section in respect of an act or omission in good faith and in the exercise of powers or functions as Commissioner or Deputy Commissioner.
(5) A liability that would, but for subsection (4), lie against a Commissioner or Deputy Commissioner lies instead against the Crown.
(2) An appointment of a Commissioner or Deputy Commissioner made under this Act may be terminated at any time by the Governor.
(2) Subject to this Act and the Agreement, the orders, determinations, decisions and declarations of the Commission made in the exercise of its powers and the discharge of its duties bind all persons and the Supreme Court may, on application of the Commission, make such orders as it thinks necessary in the circumstances for the enforcement of an order, determination, decision or declaration of the Commission.
(2) Each Contracting Government (not being the Government of this State) and each Constructing Authority (not being the Minister) is authorized and empowered to carry out in South Australia its obligations under the Agreement insofar as they are to be carried out in this State.
(3) When acting in pursuance of subsection (2), a Contracting Government or Constructing Authority has the same privileges and immunities as the Minister.
15. The Governor may, for the purposes of the Agreement—
grant or confer any estate or interest in or in relation to unalienated Crown lands; | |
or | |
make any reservation or dedication of unalienated Crown lands. |
(2) A document signed by and containing a decision of an arbitrator appointed under the Agreement is in any proceeding
(3) A document purporting to be a minute or record or copy referred to in subsection (1) or document referred to in subsection (2) will, unless the contrary is established, be taken to be such a minute, record, copy or document as the case may be.
(2) Where the Supreme Court of a State other than South Australia makes an order or decision under a law corresponding to subsection (1), the Commission and the Commissioners must comply with that order or decision.
Penalty: Imprisonment for a term not exceeding 10 years.
* * * * * * * * * * THE SCHEDULE
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 Parliaments 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
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 subclause 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.
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
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.
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.
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.
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
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.
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.
10. Each Commissioner and Deputy Commissioner shall be appointed for a term not exceeding five years and shall be eligible for re-appointment.
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.
12. Whenever—
the Commissioner for the Commonwealth or a State is | ||||||
| ||||||
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.
13. Subject as provided in this Agreement the Commissioners shall have equal powers.
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.
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.
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.
17. Whenever a vacancy occurs in the office of—
a Commissioner or a Deputy Commissioner for the Commonwealth, the Governor-General, or | |
a Commissioner or a Deputy Commissioner for a State, the Governor of that State, |
shall appoint a person to the vacant office.
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.
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.
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.
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.
22. (1) The Commission may from time to time—
appoint or employ such officers as it thinks fit and may dismiss or remove officers so appointed or employed, | |
determine the terms and conditions of employment, including remuneration, of officers and, subject to any applicable law, provide for their superannuation, and | |
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.
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.
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
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)
26. (1) The Commission shall establish, maintain and operate an effective and uniform
system—
for making and recording continuous measurements 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—
|
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;
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 | ||||||||
for measuring and monitoring the quality of— | ||||||||
|
(2) The Commission shall not establish, maintain or operate any of the systems referred to in sub-clause 26(1)—
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 | |
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—
adopt the results of any measurements or monitoring made and recorded by any Contracting Government, or | |
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. |
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.
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.
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—
inform the Commission of the proposal; and | |
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—
the types of proposals to which sub-clause 29(1) shall be deemed to apply; and | |
the criteria to be used in assessing those proposals to which sub-clause 29(1) applies. |
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.
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
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.
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,
if the estimated cost of construction of that work is not in excess of $1 000 000, by the Commission, or | |
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.
34. On the application of a Commissioner, the Commission may, at its discretion, meet, or contribute to, the costs of, or associated with—
the construction, maintenance, operation or control of, | ||||
| ||||
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 | ||||
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.
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.
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.
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—
the rate of progress of works whether of construction or maintenance; | |
the method and extent of maintenance of works; | |
if necessary, what works shall be regarded as works of construction or of maintenance; and | |
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.
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.
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.
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 water 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.
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.
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.
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.
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.
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.
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.
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
48. (1) The Contracting Governments shall share equally—
the cost of— | ||||||||||||||
| ||||||||||||||
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, | ||||||||||||||
the amount of any payment made by the Commission | ||||||||||||||
| ||||||||||||||
the administrative and other expenses of the Commission which are not included under paragraphs 48(1) |
(2) The State Contracting Governments shall share equally—
the cost of maintaining, operating and controlling— | ||||||
| ||||||
the costs associated with the work of a committee which the Commission has decided under subclause 21(3) are to be borne by the State Contracting Governments, | ||||||
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, | ||||||
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 | ||||||
such costs of dredging or snagging carried out under clause 44 as the Commission has agreed to pay, and | ||||||
the amount of any payment made by the Commission under paragraph 114 |
(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.
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.
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—
the matters referred to in paragraphs 48(1) | |
the matters referred to in sub-clause 48(2), | |
the matters referred to in paragraph 48(1) | |
all other expenses of the Commission not included under paragraphs 50(1) |
(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.
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.
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.
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.
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
(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.
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.
(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
DARTMOUTH DAM | Mitta Mitta River | Government of |
with a capacity of | upstream of the town of | Victoria. |
approximately 4 000 000 | Dartmouth, north-eastern | |
megalitres. | Victoria. | |
HUME DAM with a | River Murray upstream | The Governments of |
capacity of approximately | of the city of Albury, | New South Wales and |
3 038 000 megalitres. | New South Wales. | Victoria, jointly. |
LAKE VICTORIA | Lake Victoria, New | Government of South |
WORKS—regulation | South Wales connected | Australia. |
reservoir with a storage | with main stream of | |
capacity of approximately | River Murray by Rufus | |
700 000 megalitres. | River and Frenchman’s Creek. | |
YARRAWONGA | River Murray near the | Government of |
WEIR—storage of about | town of Yarrawonga, | Victoria. |
120 000 megalitres. | Victoria. | |
CHOWILLA DAM— | River Murray between | Government of South |
with a capacity of | the towns of Renmark | Australia. |
approximately 5 900 000 | and Wentworth. | |
megalitres. WEIRS AND LOCKS: | ||
Construction of thirteen | River distance from | |
weirs and locks in the | Murray mouth in kilo- | |
course of the River | metres. | |
Murray from its mouth to Echuca, namely: |
No. 1 Blanchetown | 274 | Government of South Australia |
No. 2 Waikerie | 362 | " | " |
No. 3 Overland Corner | 431 | " | " |
No. 4 Bookpurnong | 516 | " | " |
No. 5 Renmark | 562 | " | " |
No. 6 Murtho | 620 | " | " |
No. 7 Rufus River | 697 | " | " |
No. 8 Wangumma | 726 | " | " |
No. 9 Kulnine | 765 | " | " |
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 | 1 368 | Government of Victoria |
WEIRS | ||
Construction of two | River distance upstream | |
weirs in the course of | from the junction with | |
the Murrumbidgee River | the River Murray in | |
from its junction with | kilometres. | |
the River Murray to Hay, namely: |
No. 5 Redbank | 193 | Government of New South Wales |
No. 7 Maude | 290 | " | " |
MURRAY MOUTH BARRAGES: |
Goolwa | Goolwa Channel | Government of South Australia |
Mundoo | Mundoo Channel | " | " |
Boundary | Boundary Creek Channel | " | " |
Ewe Island | Ewe Island Channel | " | " |
Tauwitchere | Tauwitchere Island Channel | " | " |
SCHEDULE B
APPENDIX 2 Legislative History
Certain textual alterations were made to this Act by the Commissioner of Statute Revision when preparing the reprint of the Act that incorporated all amendments in force as at 16 January 1989. A schedule of these alterations was laid before Parliament on 14 February 1989.
Long title: | amended by 89, 1987, s. 4 |
Section 1: | amended by 89, 1987, s. 5 exhausted |
Section 2: | deleted in pursuance of the |
Section 3(1): | definition of "the Agreement" substituted by 89, 1987, s. 6; amended by 84, 1990, s. |
4
Section 6(1): | substituted by 89, 1987, s. 7(a) |
Section 6(2): | amended by 89, 1987, s. 7(b) |
Section 6(4): | amended by 89, 1987, s. 7(c) |
Section 6(5): | amended by 89, 1987, s. 7(d) |
Section 7: | amended by 89, 1987, s. 8 exhausted |
Section 24: | deleted in pursuance of the |
The Schedule: | amended by 89, 1987, s. 9 |
Clause 1: | definition of "Commission" substituted by 89, 1987, 2nd Sched. clause 3(a) definition of "Commissioner for the Commonwealth" amended by 89, 1987, 2nd |
Sched. clause 3(b)
definition of "Commissioner for New South Wales" amended by 89, 1987, 2nd
Sched. clause 3(b)
definition of "Commissioner for South Australia" amended by 89, 1987, 2nd Sched.
clause 3(b)
definition of "Commissioner for Victoria" amended by 89, 1987, 2nd Sched. clause
3(b)
definition of "Contracting Government" amended by 89, 1987, 2nd Sched.
clause 3(c)
definition of "Deputy Commissioner for the Commonwealth" amended by 89, 1987,
2nd Sched. clause 3(d)
definition of "Deputy Commissioner for New South Wales" amended by 89, 1987,
2nd Sched. clause 3(d)
definition of "Deputy Commissioner for South Australia" amended by 89, 1987, 2nd
Sched. clause 3(d)
definition of "Deputy Commissioner for Victoria" amended by 89, 1987, 2nd Sched.
clause 3(d)
definition of "the Ministerial Council" inserted by 89, 1987, 2nd Sched. clause 3(e)
definition of "the Murray-Darling Basin" inserted by 89, 1987, 2nd Sched. clause
3(e)
Part IIIA comprising clauses 7A - 7G and heading inserted by 89, 1987, 2nd Sched.
clause 4
Clause 7EA: | inserted by 84, 1990, 3rd Sched. clause 3 |
Clause 7: | amended by 89, 1987, 2nd Sched. clause 5 |
Clause 8: | substituted by 89, 1987, 2nd Sched. clause 6 |
Clause 9A: | inserted by 89, 1987, 2nd Sched. clause 7 |
Clause 9: | amended by 89, 1987, 2nd Sched. clause 8 |
Clause 11: | substituted by 89, 1987, 2nd Sched. clause 9 |
Clause 12: | amended by 89, 1987, 2nd Sched. clause 10 |
Clause 19(3): | amended by 89, 1987, 2nd Sched. clause 11 |
Clause 19(4): | amended by 89, 1987, 2nd Sched. clause 12 |
Clause 19(5): | substituted by 89, 1987, 2nd Sched. clause 13 |
Clause 19(6A): | inserted by 89, 1987, 2nd Sched. clause 14 |
Clause 19(6) | substituted by 89, 1987, 2nd Sched. clause 15 |
Clause 20(2): | substituted by 89, 1987, 2nd Sched. clause 16 |
Clause 21(3): | repealed by 89, 1987, 2nd Sched. clause 17 |
Clause 24(1): | amended by 89, 1987, 2nd Sched. clause 18 |
Part IVA comprising clauses 25A, 25B and heading inserted by 89, 1987, 2nd |
Sched. clause 19
Clause 25(2): | amended by 89, 1987, 2nd Sched. clause 20(1) |
Clause 25(3): | amended by 89, 1987, 2nd Sched. clause 20(2) |
Clause 26(2): | amended by 89, 1987, 2nd Sched. clause 20(3) |
Clause 27: | amended by 89, 1987, 2nd Sched. clause 20(4) |
Clause 28: | amended by 89, 1987, 2nd Sched. clause 20(5) |
Clause 33(1) and (2): | amended by 89, 1987, 2nd Sched. clause 21 |
Clause 34: | amended by 89, 1987, 2nd Sched. clause 22 |
Clause 35(3): | amended by 89, 1987, 2nd Sched. clause 23(1) |
Clause 36(1): | amended by 89, 1987, 2nd Sched. clause 23(2) |
Clause 36(2): | amended by 89, 1987, 2nd Sched. clause 23(3) |
Clause 40: | amended by 89, 1987, 2nd Sched. clause 23(4) |
Clause 48(1): | amended by 89, 1987, 2nd Sched. clause 23(5), (6) |
Clause 48(1)(b): | repealed by 89, 1987, 2nd Sched. clause 17 |
Clause 48(2): | amended by 89, 1987, 2nd Sched. clause 23(5), (6) |
Clause 48(2)(b): | repealed by 89, 1987, 2nd Sched. clause 17 |
Clause 48(3): | substituted by 89, 1987, 2nd Sched. clause 23(7) |
Clause 48(4): | amended by 89, 1987, 2nd Sched. clause 23(8) |
Clause 50(1): | amended by 89, 1987, 2nd Sched. clause 23(9) |
Clause 50(2): | amended by 89, 1987, 2nd Sched. clause 23(10) |
Clause 51(2): | amended by 89, 1987, 2nd Sched. clause 23(10) |
Clause 52(1): | amended by 89, 1987, 2nd Sched. clause 23(11) |
Clause 59(6): | amended by 89, 1987, 2nd Sched. clause 23(12) |
Clause 60: | amended by 89, 1987, 2nd Sched. clause 23(13) |
Clause 64(4): | amended by 89, 1987, 2nd Sched. clause 23(14) |
Clause 68(2) and (3): | amended by 89, 1987, 2nd Sched. clause 23(15) |
Clause 69(1): | amended by 89, 1987, 2nd Sched. clause 23(16) |
Clause 74: | amended by 89, 1987, 2nd Sched. clause 23(17) |
Clause 82(2): | amended by 89, 1987, 2nd Sched. clause 23(18) |
Clause 116(1): | amended by 89, 1987, 2nd Sched. clause 23(19) |
Clause 116(2): | amended by 89, 1987, 2nd Sched. clause 23(20) |
Clause 116(4): | amended by 89, 1987, 2nd Sched. clause 23(21) |
Clause 116(5): | amended by 89, 1987, 2nd Sched. clause 23(18) |
Clause 116(6): | amended by 89, 1987, 2nd Sched. clause 23(22) |
Clause 117A: | inserted by 89, 1987, 2nd Sched. clause 24 |
Clause 117: | amended by 89, 1987, 2nd Sched. clause 23(9) |
Schedule B: | inserted by 89, 1987, 2nd Sched. clause 25 |
Second Schedule: | inserted by 89, 1987, s. 10 |
Third Schedule: | inserted by 84, 1990, s. 5 |
0
0
0