Murray-Darling Basin Act 1993 (SA)

South Australia

Murray-Darling Basin Act 1993

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 water, land and other environmental resources of the Murray-Darling Basin; and for other purposes.

Contents

Part 1—Preliminary

Short title
Purpose
Interpretation

Part 2—The Agreement and the Commissioners

Approval of Agreement

5AApproval of Amending Agreement

Appointment of Commissioners and Deputy Commissioners
Terms and conditions of appointment
Defect or irregularity not to invalidate appointment
Remuneration
Resignation
Termination of appointment

Part 3—The Commission and its operations

Powers, functions and duties of the Commission
Authorisation of persons to enter and occupy land
Entry and occupation of land
Offence—obstruction of Commissioner or authorised person
Construction of works
Acquisition of land
Construction and other powers of Minister
Authorisation to pay compensation
Powers to dispose of certain lands
Land dedicated under the Crown Lands Act 1929
Resumption of Crown lease land
Tolls on locks

Part 4—Miscellaneous

Supreme Court
Appropriation
Exemption from taxes and charges
Evidence
Certain documents to be laid before Parliament
Accession by new parties
Penalty for injuring works
Regulation
Transitional

Schedule 1—Murray-Darling Basin Agreement 1992

Schedule 2—Murray-Darling Basin Amending Agreement

Legislative history

Appendix—Divisional penalties and expiation fees

The Parliament of South Australia enacts as follows:

Part 1—Preliminary
1—Short title
This Act may be cited as the Murray-Darling Basin Act 1993.
3—Purpose
The purpose of this Act is 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 water, land and other environmental resources of the Murray-Darling Basin.
4—Interpretation

In this Act, unless the contrary intention appears—
Agreement means the agreement, the text of which is set out in Schedule 1, as the agreement is—
(a)deemed to be amended from time to time under clause 50 or 134 of the agreement; and
(b)amended by the Amending Agreement;
Amending Agreement means the agreement, the text of which is set out in Schedule 2;
authorised person means a person authorised under section 13;
Commission means the Murray-Darling Basin Commission;
Commissioner except in section 6(1), means the President or a Commissioner of the Commission or a Deputy Commissioner of the Commission when acting as a Commissioner of the Commission;
land includes an estate or interest in land;
State member means a Commissioner or Deputy Commissioner appointed under section 6;
works means works constructed under a former Agreement or constructed, or to be constructed, under the Agreement.
Words used in this Act have the same respective meanings as in the Agreement.

Note—
For definition of divisional penalties (and divisional expiation fees) see Appendix.

Part 2—The Agreement and the Commissioners
5—Approval of Agreement
The agreement is approved.
5A—Approval of Amending Agreement
The Amending Agreement is approved.
6—Appointment of Commissioners and Deputy Commissioners

For the purposes of clause 20(2) of the Agreement, the Governor may appoint two Commissioners and two Deputy Commissioners.
A State member is appointed for such period, not exceeding five years, as is specified in the instrument appointing the member.
A State member is eligible for re-appointment.
A State member is not, in respect of that office, subject to the Government Management and Employment Act 1985.

7—Terms and conditions of appointment
In respect of matters not provided for by this Act or another law of the State or by the Agreement, a State member holds office on such terms and conditions as are determined by the Governor.
8—Defect or irregularity not to invalidate appointment
The appointment of a State member is not invalidated merely because of a defect or irregularity in or in connection with the member's appointment.
9—Remuneration
A State member is entitled to the remuneration and allowances fixed by the Governor.
10—Resignation
A State member may resign from office in accordance with clause 29 of the Agreement.
11—Termination of appointment
The Governor may at any time remove a State member from office.

Part 3—The Commission and its operations
12—Powers, functions and duties of the Commission
The Commission has the powers, functions and duties expressed to be conferred on it by the Agreement.
13—Authorisation of persons to enter and occupy land

The Commission may authorise a person in writing to enter and occupy land for the purposes of this Act and the Agreement.
The Commission must provide an authorised person with a certificate of authority.
A certificate must—
(a)state that it is issued under the Murray-Darling Basin Act 1993; and
(b)give the name of the person to whom it is issued; and
(c)describe the nature of the powers conferred and their source; and
(d)state the date, if any, on which it expires; and
(e)bear the seal of the Commission or the signature of a person duly authorised by the Commission to provide the certificate.
An authorised person, when entering land, must produce the certificate if requested to do so by a person apparently in occupation of the land.

14—Entry and occupation of land

For the purposes of the Agreement, a Commissioner or an authorised person may, after giving seven days' notice in writing to the owner or occupier, enter and occupy any land and is entitled to free access to all works.
A Commissioner or an authorised person may not enter residential premises except with the consent of the occupier.
The requirement to give seven days' notice in writing does not apply in an emergency or if the owner or occupier consents to entry on, and occupation of, land within a shorter period.
In exercising the powers under this section, a Commissioner or authorised person—
(a)must cause as little harm and inconvenience as possible; and
(b)must not occupy the land for any longer than is reasonably necessary; and
(c)must remove from the land on completing any works all equipment or structures brought onto the land by the Commissioner or authorised person, other than anything that the owner or occupier of the land agrees may be left there; and
(d)must leave the land as nearly as possible in the condition in which the Commissioner or authorised person found it; and
(e)must co-operate as much as practicable with the owner and occupier of the land.

15—Offence—obstruction of Commissioner or authorised person
A person must not without reasonable excuse obstruct or hinder a Commissioner or authorised person exercising powers under section 14.
Penalty: Division 6 fine.
16—Construction of works
Subject to this Act and the Agreement—
(a)the construction, maintenance, operation and control in the State of any works; and
(b)the carrying out of any of the operations referred to in the Agreement; and
(c)the implementation of any of the measures referred to in the Agreement,

are authorised.
17—Acquisition of land

The Minister may acquire, whether compulsorily or otherwise, any land necessary for—
(a)the construction, maintenance, operation and control of the works; or
(b)the protection of those works; or
(c)preserving or improving the quality or purity of the water to be supplied from those works,
or any other land necessary for or relating to or connected with the carrying out by the Commission of its functions or duties or the exercise by the Commission of its powers.
The compulsory acquisition of land by the Minister is subject to and must be undertaken in accordance with the Land Acquisition Act 1969.

18—Construction and other powers of Minister

The Minister may, in accordance with this Act and the Agreement—
(a)construct, maintain, operate and control any works; and
(b)carry out operations referred to in the Agreement; and
(c)implement measures referred to in the Agreement.
The Minister will be taken to be the Constructing Authority within the meaning of the Agreement for the purposes of any works or measures authorised by, or associated with, the Agreement (without further appointment).

19—Authorisation to pay compensation
The Minister is authorised to pay compensation for damage occasioned by, or arising out of, anything done by him or her in—
(a)constructing, maintaining, operating and controlling any works; or
(b)carrying out operations referred to in the Agreement; or
(c)implementing measures referred to in the Agreement.

20—Powers to dispose of certain lands

The Minister—
(a)may dispose of any lands acquired under section 17 or under a corresponding previous enactment that are no longer required for the purpose for which they were acquired; or
(b)may grant a lease of any lands acquired under section 17 or under a corresponding previous enactment for purposes, including recreational purposes, consistent with the purpose for which the lands were acquired.
Any money paid to the Minister on the disposal of land under subsection (1)(a) or in respect of a lease granted under subsection (1)(b) must be paid by the Minister to the Commission.

21—Land dedicated under the Crown Lands Act 1929
Land dedicated under the Crown Lands Act 1929 for the purposes of the Agreement may be used and occupied for those purposes by or on behalf of a contracting Government.
22—Resumption of Crown lease land

The Minister for the time being administering the Crown Lands Act 1929 may resume land subject to a perpetual lease or a miscellaneous lease or an agreement to purchase pursuant to section 53 of that Act for the purposes of the Agreement.
The Minister for the time being administering the Pastoral Land Management and Conservation Act 1989 may resume land subject to a pastoral lease pursuant to section 32 of that Act for the purposes of the Agreement.

23—Tolls on locks

A contracting Government, or an authority or person so authorised under the Agreement, who has the control of any lock may demand and receive in respect of vessels passing through the lock the tolls prescribed under the Agreement, by order of the Commission.
Tolls received under subsection (1) must be paid to the Commission.

Part 4—Miscellaneous
24—Supreme Court

The Supreme Court may exercise jurisdiction in relation to the Commission and the Commissioners in the same manner and to the same extent as if the Commission were a body representing the Crown in right of the State and as if the Commissioners were South Australian officers.
If a court of the Commonwealth or another State that is a party to the Agreement exercises a power under a law corresponding to subsection (1), the Commission and Commissioners must comply with an order or decision of that court.

25—Appropriation
All money required to be provided by the State under the Agreement is to be provided out of money appropriated by the Parliament for that purpose.
26—Exemption from taxes and charges
No rate, tax, charge or fee is payable under an Act or statutory instrument—
(a)in respect of any act or thing done by or on behalf of the Commission; or
(b)in respect of any works; or
(c)in respect of any property used or held by a Contracting Government or a Constructing Authority for the purposes of any works.

27—Evidence

Every minute or record of the proceedings of the Commission that is signed by the President of the Commission, or a copy of such a minute or record certified as correct under the hand of the President, is presumed to be correct unless the contrary is proved.
A document signed by, and containing a decision of, an arbitrator appointed under the Agreement is, in any proceedings, evidence of the decision unless the contrary is proved.
A document purporting to be—
(a)a minute or record, or copy, referred to in subsection (1); or
(b)a document referred to in subsection (2),
will be taken, unless the contrary is proved, to be such a minute or record, copy or document, as the case may be.

28—Certain documents to be laid before Parliament

The Minister must cause a copy of each report and statement submitted by the Commission to the Ministerial Council under clause 84 of the Agreement to be laid before each House of Parliament within 15 sitting days after submission to the Ministerial Council.
The Minister must cause a copy of each Schedule approved under clause 50 of the Agreement to be laid before each House of Parliament within 15 sitting days after approval by the Ministerial Council.

29—Accession by new parties

If the Ministerial Council approves a schedule prepared under clause 134 of the Agreement for another State to become a party to the Agreement, the Minister must cause a copy of the schedule to be laid before each House of the Parliament within 15 sitting days after the Ministerial Council has approved the schedule.
A schedule referred to in subsection (1) has no effect if—
(a)it is disallowed as mentioned in clause 134 of the Agreement; or
(b)it is void or has ceased to have effect for any other reason mentioned in that clause.

30—Penalty for injuring works
A person must not unlawfully and maliciously destroy or damage or attempt to destroy or damage any works constructed or operated under this Act or the Agreement.
Penalty: $100 000 or Division 2 imprisonment.
31—Regulation

The Governor may make regulations for or with respect of any matter or thing required or permitted by this Act to be prescribed or that is necessary or convenient to be prescribed to give effect to this Act.
Regulations under subsection (1) may prescribe penalties not exceeding a Division 8 fine for a first offence or a Division 7 fine for a second or subsequent offence against the regulations.

32—Transitional

A person who, immediately before the commencement of this section, held office as a Commissioner or Deputy Commissioner appointed under section 6 of the Murray-Darling Basin Act 1983 continues to hold office for the remainder of the person's term of office as if the person had been appointed as a Commissioner or Deputy Commissioner, as the case may be, under section 6 of this Act.
Land reserved or dedicated under the Murray-Darling Basin Act 1983, or a corresponding previous enactment, may be resumed under the Crown Lands Act 1929 by the Minister for the time being administering that Act as though it had been dedicated by the Minister under that Act.

Schedule 1—Murray-Darling Basin Agreement 1992

ARRANGEMENT OF CLAUSES
PART I—INTERPRETATION
*Clause*
1		Purpose
2		Definitions
3		Interpretation
PART II—APPROVAL AND ENFORCEMENT
4		Substitution
5		Approval
6		Submission to Parliament
7		Parties to provide for enforcement of Agreement and Acts
PART III—THE MINISTERIAL COUNCIL
8		Constitution of Ministerial Council
9		Functions of the Ministerial Council
10		Ministerial Council may direct Commission
11		Ministerial Council may require Commission to report
12		Proceedings of the Ministerial Council
13		Resolutions other than at meetings
14		Appointment of Committees
15		Nomination of responsible Minister
PART IV—THE COMMISSION
16		Constitution
17		Functions and Powers of the Commission
18		Composition of Commission
19		Declaration of interests
20		Appointment of President, Deputy President, Commissioners and Deputy Commissioners
21		Terms of Appointment
22		Continuation in Office
23		When Deputy President or Deputy Commissioner may act
24		Powers and Duties of the President
25		Powers of Commissioners
26		Conditions of appointment and remuneration of the President
27		Remuneration of Commissioners and Deputy Commissioners
28		Removal from office
29		Resignation
30		Vacancies
31		Validity of proceedings
32		Meetings of the Commission
33		Resolutions other than at meetings
34		Delegation
35		Appointment of Committees
36		Employees of the Commission
37		Employment of officers in public service or in statutory authorities
38		Liability for acts of Commissioners and officers
PART V
INVESTIGATION, MEASUREMENT AND MONITORING
39		Investigations and studies
40		Monitoring
41		Measurements of water quantity and quality
42		Need for approval in certain cases
43		Power to arrange data in lieu
44		Water quality objectives
45		Recommendations re water quantity and quality
46		Commission to be informed of new proposals
47		Environmental Assessment
48		Protection of catchment of Hume Reservoir
PART VI
CONSTRUCTION, OPERATION AND MAINTENANCE OF WORKS
49		Works and measures subject to the Agreement
50		Authorisation of further works or measures
51		Ancillary, preventative and remedial works
52		Preparation and submission of designs, etc. of works for Commission approval
53		Submission of details of measures for Commission approval
54		Commission and Ministerial Council approval of certain tenders
55		Directions for the efficient construction etc. of works
56		States to facilitate construction and operation within their territories
57		Works for benefit of State Contracting Governments
58		Declaration that works or measures are effective
59		Maintenance of works
60		Procedures for operation of works
61		Dredging and snagging
62		Operation of works
63		Performance of joint duties
64		Ineffective works
PART VII—FINANCE
65		Apportionment of costs
66		Financial year
67		Annual and forward estimates
68		Supplementary estimates
69		Payments by Contracting Governments
70		Proper accounts to be kept
71		Commission to account
72		Application of moneys by Commission
73		Payments by Commission to Constructing Authorities
74		Contracting Governments to account
75		Unexpended balances
76		List of assets
77		Disposal of surplus assets
78		Audit
79		Bank accounts
80		Investment
81		Revenue
82		Tolls
83		Compensation for damage by works
PART VIII—REPORTS
84		Preparation of reports
PART IX—PROCEEDINGS IN DEFAULT
85		Failure to perform works or contribute cost
PART X—DISTRIBUTION OF WATERS
Division 1—State Entitlements to Water
86		South Australia's monthly entitlement
87		Measurement of South Australia's entitlement
88		Variation of South Australia's entitlements
89		Use of Lake Victoria
90		Surplus flow to South Australia
91		Entitlements of New South Wales and Victoria
92		New South Wales' entitlement to water from Menindee Lakes
93		New South Wales' and Victoria's supply to South Australia
94		Limitations on use by New South Wales and Victoria
Division 2—Control by Commission
95		Commission's role in operation of storages
96		Limitation on Menindee Lakes operation
97		Procedures for Dartmouth Dam operation
98		Water estimated to be under the control of the Commission
99		Available water
100		Minimum Reserve
101		Use of State works to convey Murray water
Division 3—Water Accounting
102		General
103		Allocation of water to New South Wales and Victoria
104		Allocation of water in Menindee Lakes Storage
105		Tributary inflows
106		Use by New South Wales and Victoria of allocated water
107		Snowy diversions out of Murray catchment
108		Losses
109		New South Wales' and Victoria's supply to South Australia
110		Commencement of continuous accounting of carryover of stored water
111		Reallocation of water between New South Wales and Victoria
112		Accounting for Snowy Scheme
113		Efficient regulation of the Murray River
114		Accounting procedures
115		Internal Spills
116		Accounting for spill from storages
117		Accounting for releases from Dartmouth Reservoir
118		Accounting for releases from Hume Reservoir
119		Accounting for releases from Menindee Lakes Storage
120		Reallocation of water in Menindee Lakes Storage
121		Accounting for dilution flows
Division 4—Periods of Special Accounting
122		Declaration of periods of special accounting
123		Variation of navigation depths during restrictions
124		Special Accounts to be kept
125		Imbalance in use
126		Limits on imbalance in use
127		Restrictions on South Australia's entitlement
128		Termination of periods of special accounting
PART XI—MENINDEE LAKES STORAGE
129		Maintenance of Menindee Lakes Storage
130		Full supply levels
131		Financial contributions of Commission
PART XII
EFFECTS OF SNOWY MOUNTAINS AGREEMENT
132		Reconciliation with Snowy Mountains Agreement
PART XIII—MISCELLANEOUS
133		Resolution of disputes
134		Accession by new parties
135		Proposals to amend Agreement
136		Giving information to the Commission
137		Authorities to observe agreement
138		Transitional provisions
SCHEDULE A—Works
SCHEDULE B—Murray-Darling Basin
SCHEDULE C—Salinity and Drainage Strategy

MURRAY-DARLING BASIN AGREEMENT

The Murray-Darling Basin Agreement made this day of One thousand nine hundred and ninety two between—
THE COMMONWEALTH OF AUSTRALIA ("the Commonwealth"),
THE STATE OF NEW SOUTH WALES ("New South Wales"),
THE STATE OF VICTORIA ("Victoria"), and
THE STATE OF SOUTH AUSTRALIA ("South Australia").

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 this Agreement should be substituted for an Agreement made between the parties on the first day of October 1982 and amended by Agreements of the 30th day of October 1987 and the 4th day of October 1990, each of which was subsequently approved by the Parliament of each party:
NOW IT IS HEREBY AGREED by the parties to this Agreement as follows—
PART I

INTERPRETATION

Purpose
The purpose of this Agreement is to promote and co-ordinate effective planning and management for the equitable efficient and sustainable use of the water, land and other environmental resources of the Murray-Darling Basin.
Definitions
In this Agreement save where inconsistent with the context—
"annual estimates" means estimates prepared under paragraph 67(1)(a).
"Authority" means the Snowy Mountains Hydro-electric Authority.
"Commission" means the Murray-Darling Basin Commission.
"Commissioner for the Commonwealth" means a Commissioner appointed by the Governor-General pursuant to clause 20.
"Commissioner for New South Wales" means a Commissioner appointed by the Governor of New South Wales pursuant to clause 20.
"Commissioner for South Australia" means a Commissioner appointed by the Governor of South Australia pursuant to clause 20.
"Commissioner for Victoria" means a Commissioner appointed by the Governor of Victoria pursuant to clause 20.
"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 78(1)(a).
"Contracting Government" means any of the Governments of the Commonwealth, New South Wales, Victoria, South Australia and of any other State becoming a party pursuant to clause 134.
"Constructing Authority" means—
(a)the Contracting Government by which:
(i)any works authorised by this Agreement or the former Agreement have been, or are being, or are to be constructed;
(ii)any measures authorised by this Agreement or the former Agreement have been, or are being, or are to be executed; or
(b)any public authority or any Minister constituted or appointed for the purpose of such construction.
"Deputy Commissioner for the Commonwealth" means a Deputy Commissioner appointed by the Governor-General pursuant to clause 20.
"Deputy Commissioner for New South Wales" means a Deputy Commissioner appointed by the Governor of New South Wales pursuant to clause 20.
"Deputy Commissioner for South Australia" means a Deputy Commissioner appointed by the Governor of South Australia pursuant to clause 20.
"Deputy Commissioner for Victoria" means a Deputy Commissioner appointed by the Governor of Victoria pursuant to clause 20.
"diversions" includes abstractions, impoundings and appropriations of water that reduce the flow of a river.
"Doctors Point" means the location of the Doctors Point stream gauging station.
"E.C." means a unit of electro-conductivity of water, measured in micro-siemens per centimetre at 25 degrees celsius.
"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 1940, 2 November 1954, 11 September 1958, 8 October 1963, 26 February 1970, 1 October 1982, 30 October 1987 and 4 October 1990.
"Full Supply Level" means the full supply water level—
(a)defined by reference to Australian Height Datum specified by the design drawings for any structure subject to this Agreement; or
(b)in the case of Menindee Lakes Storage, as defined under clause 130.
"Governor-General" means Governor-General acting with the advice of the Executive Council.
"Governor" means Governor acting with the advice of the Executive Council.
"land" includes
(a)Crown lands;
(b)buildings;
(c)any interest, right or privilege in, over or affecting any land.
"maintenance" includes the execution of all work of any description which is necessary to keep an existing work in the state of utility in which it was upon—
(a)its original completion; or
(b)the completion of any improvement thereto or replacement thereof,
but does not include—
(i)the execution of any improvement to the design or function of that work; or
(ii)the replacement of the whole of that work; or
(iii)work to remedy the extraordinary failure of part or all of that work.
"major storages" means Lake Victoria, the Menindee Lakes Storage and the storages formed by Dartmouth Dam and Hume Dam.
"measures" includes strategies, plans and programs.
"minimum operating level" means the water level in a storage, as determined from time to time by the Commission, below which water must not be released.
"Ministerial Council" means the Ministerial Council established by Part III.
"Murray-Darling Basin" means so much of the area within the boundaries of the map shown in Schedule B as forms part of the territory of the Contracting Governments.
"officer" means a person employed by the Commission under paragraph 36(a).
"period of restriction" means a period of restriction declared under clause 122(3).
"period of special accounting" means a period of special accounting declared under clause 122(1).
"prescribed rate" means either—
(a)a rate of 2% per annum above the maximum overdraft rate fixed by the Reserve Bank of Australia for amounts of $100,000 or less which is applicable at the time a payment becomes due, or, if no such rate is fixed,
(b)a rate of 4% per annum above the rate payable on Commonwealth securities of the longest term offered for public subscription in Australia for the Commonwealth cash loan opened next before the time a payment becomes due.
"President" means the President of the Commission appointed under sub-clause 20(1).
"public authority" means a body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth or a State and includes any local government body.
"regulated flow" is the flow resulting from the release of stored water at the direction of the Commission other than during, or in anticipation of, floods.
"reserve" means water available for release from major storages at the direction of the Commission.
"river" and "tributary" respectively include any affluent, effluent, creek, anabranch or extension of, and any lake or lagoon connected with, the river or tributary.
"Snowy Mountains Agreement" means the agreements made between the Commonwealth, New South Wales and Victoria on 18 September 1957, and 14 December 1957, both of which agreements are set out in Schedules to the Snowy Mountains Hydro-Electric Power Act 1949 of the Commonwealth.
"State" means the State of New South Wales, the State of Victoria, the State of South Australia or any State becoming a party pursuant to clause 134.
"State auditor" means a person appointed by the Governor of any of New South Wales, Victoria, South Australia and of any State becoming a party pursuant to clause 134, for the purpose of carrying out the inspection and audit referred to in paragraph 78(1)(b).
"State Contracting Government" means any of the Governments of New South Wales, Victoria, South Australia, or of any State becoming a party pursuant to clause 134.
"stored water" means water stored in or by—
(a)any of the works described in Schedule A, and
(b)subject to sub-clause 92(1), the Menindee Lakes Storage, and
(c)any of the works for storing water authorised under clause 50.
"supplementary estimates" means estimates prepared under sub-clause 68(1).
"upper River Murray" means the aggregate of—
(a)the main course of the River Murray upstream of the eastern boundary of the State of South Australia;
(b)all tributaries entering that part of the main course upstream of Doctors Point;
(c)all effluents and anabranches of that part of the main course, other than those excepted by the Commission;
(d)the watercourses connecting Lake Victoria to that main course:
(e)the Darling River downstream of the Menindee Lakes Storage; and
(f)the upper River Murray storages.
"upper River Murray storages" means Lake Victoria, the Menindee Lakes Storage, the storages formed by Dartmouth Dam and Hume Dam and by those weirs, and weirs and locks, described in Schedule A which are upstream of the eastern boundary of South Australia.
"water available for release at the direction of the Commission" means water which can physically be released from a storage if the Commission so directs, other than water which must not be released because of sub-clause 96(1).
"weir" includes—
(a)a weir and lock;
(b)a barrage in any of the channels at or near the mouth of the River Murray.
Interpretation
In this Agreement, unless the contrary intention appears—
(a)a reference to any Act includes any Act amending, or in substitution for, that Act.
(b)a reference to this Agreement includes a reference to—
(i)the Schedules to this Agreement; and
(ii)any amendment of or addition to this Agreement or the Schedules hereto.
(c)words importing the singular include the plural and vice versa.
(d)words importing any gender include any other gender.
(e)a reference to a Commissioner includes a Deputy Commissioner who is acting as a Commissioner.
(f)a reference to the President includes the Deputy President when acting as President.
In interpreting a provision of this Agreement, a construction that would promote the purpose or object underlying the Agreement (whether or not that purpose or object is expressly stated in the Agreement) shall be preferred to a construction that would not promote that purpose or object.

PART II

APPROVAL AND ENFORCEMENT

Substitution
Except as otherwise provided in this Agreement, this Agreement replaces the former Agreement.
Approval
This Agreement, other than clause 6, is subject to approval by the Parliaments of the Commonwealth, New South Wales, Victoria and South Australia and shall come into effect when so approved.
Submission to Parliament
The Contracting Governments hereby agree—
(a)to submit for the approval of the respective Parliaments of the Commonwealth of Australia and of the States—
(i)this Agreement;
(ii)any amendment to this Agreement which may be agreed to by the Ministerial Council from time to time (other than an amendment to or addition of a Schedule to this Agreement);
(iii)any legislation necessary to give effect to this Agreement or any Amendment to this Agreement,
as soon as practicable after such agreement is reached; and
(b)to lay before the House or Houses of the respective Parliaments of the Commonwealth and of the States, any Schedule to this Agreement approved by the Ministerial Council from time to time under clause 50 or clause 134.
Parties to provide for enforcement of Agreement and Acts
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 MINISTERIAL COUNCIL

Constitution of Ministerial Council
The Ministerial Council constituted under the former Agreement is continued in existence.
The Ministerial Council 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 any Acts approving the same.
The Ministerial Council shall consist of up to three Ministers from each Contracting Government who have prime responsibility for matters relating to water, land and environment.
Whenever a member of the Ministerial Council representing a Contracting Government is—
(a)absent from Australia or from duty,
(b)unable for any reason to attend a meeting of the Ministerial Council, or
(c)otherwise unable to perform the duties of a member of the Ministerial Council,
that Contracting Government may appoint another Minister of State to act in the place of that member, and while so acting that other Minister of State shall have all the powers and perform all the duties of that member.
Functions of the Ministerial Council
The functions of the Ministerial Council are—
(a)generally to consider and determine major policy issues of common interest to the Contracting Governments concerning effective planning and management for the equitable efficient and sustainable use of the water, land and other environmental resources of the Murray-Darling Basin;
(b)to develop, consider and, where appropriate, to authorise measures for the equitable, efficient and sustainable use of such water, land and other environmental resources;
(c)to authorise works as provided for in Part VI;
(d)to agree upon amendments to this Agreement including amendments to or addition of Schedules to this Agreement as the Ministerial Council considers desirable from time to time;
(e)to exercise such other functions as may be conferred on the Council by this Agreement or any amendment or any Act approving the same.
Ministerial Council may direct Commission
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.
Ministerial Council may require Commission to report
The Ministerial Council may require a report from the Commission on any of the Commission's operations.
Proceedings of the Ministerial Council
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.
The quorum for a meeting of the Ministerial Council shall be each Minister nominated under clause 15 or, in the absence of that Minister, a Minister from the same Contracting Government authorised for this purpose by that Government.
A resolution before the Ministerial Council will be carried only by a unanimous vote of all Ministers present who constitute a quorum.
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.
Resolutions other than at meetings
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.
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 15 or if that Minister is unavailable a Minister for the same Contracting Government authorised for the purpose by that Government; 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.
When a Minister from each Contracting Government has approved a resolution in accordance with sub-clause 13(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.
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.
The record made pursuant to sub-clause 13(4) shall be confirmed at the next meeting of the Ministerial Council.
Appointment of Committees
The Ministerial Council—
(a)must appoint a Community Advisory Committee; and
(b)may from time to time appoint such temporary or standing committees as it sees fit.
A committee shall have such members, terms of reference, powers and functions as the Ministerial Council determines.
A member of a committee shall hold office on such terms as the Ministerial Council may determine.
A member of a committee shall receive such allowances and expenses as the Ministerial Council may from time to time determine.
Nomination of responsible Minister
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.

PART IV

THE COMMISSION

Constitution
The Murray-Darling Basin Commission constituted under the former Agreement is continued in existence.
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 any Acts approving the same.
Functions and Powers of the Commission
The functions of the Commission are—
(a)to advise the Ministerial Council in relation to the planning, development and management of the water, land and other environmental resources of the Murray-Darling Basin;
(b)to assist the Ministerial Council in developing measures for the equitable efficient and sustainable use of water, land and other environmental resources of the Murray-Darling Basin;
(c)to co-ordinate the implementation of or, where the Ministerial Council so requires, to implement any measures authorised by the Ministerial Council under paragraph 9(b);
(d)to give effect to any policy or decision of the Ministerial Council, which the Ministerial Council requires the Commission to implement;
(e)to exercise the powers and discharge the duties conferred on it by this Agreement, or any Act approving the same.
Paragraph 17(1)(d) does not operate—
(a)to confer any powers on the Commission in addition to powers conferred by other provisions of this Agreement, or any Act approving the same;
(b)to enable the Commission to do anything for which Part V and subsequent Parts provide, otherwise than as provided for by those Parts as amended from time to time.
The advice referred to in paragraph 17(1)(a) shall be determined by majority vote of the Commissioners present who, with the presiding member, constitute a quorum. In the event of a unanimous decision not being reached, the presiding member and each Commissioner may tender separate advice to the Ministerial Council.
In addition to any powers conferred upon it by other provisions of this Agreement, or any Act approving the same, the Commission has power, under the name of the Commission—
(a)to contract;
(b)to acquire, hold, deal with or dispose of property,
for the purpose of performing its functions and exercising its powers.
Composition of Commission
The Commission shall consist of the President and the Commissioners appointed pursuant to clause 20.
Declaration of interests
Each Commissioner, other than the President, and each Deputy Commissioner shall disclose to the President any direct or indirect pecuniary interest held or acquired by that person in a business carried on in Australia or in a body corporate carrying on such a business that could conflict with that person's duties as a Commissioner or Deputy Commissioner.

The President shall give written notice to the Chairperson of the Ministerial Council of all direct and indirect pecuniary interests held or acquired by the President in any business carried on in Australia or in any body corporate carrying on any such business.
Appointment of President, Deputy President, Commissioners and Deputy Commissioner
The Ministerial Council shall, after seeking and considering the advice of the Commission, appoint a President by a unanimous vote of members of the Ministerial Council.
Two Commissioners who, between them, represent water, land and environmental resource management and two Deputy Commissioners shall be appointed by each of the Governor-General, the Governor of New South Wales, the Governor of Victoria, the Governor of South Australia, and the Governor of any State becoming a party to this Agreement pursuant to clause 134.
The Ministerial Council shall appoint one of the Commissioners appointed pursuant to sub-clause 20(2) to be Deputy President.
Terms of Appointment
The President, each Commissioner and Deputy Commissioner shall be appointed for a term not exceeding five years and be eligible for re-appointment.
The Deputy President shall be appointed for a term not exceeding the term for which the Commissioner so appointed has been appointed a Commissioner pursuant to sub‑clause 21(1).
Continuation in Office
Where, immediately before the date of this Agreement a person holds office as the President, a Commissioner or Deputy Commissioner under the former Agreement, that person continues on and after that date to hold office for the remainder of that person's term of office.
When Deputy President or Deputy Commissioner may act
Whenever—
(a)the President is—
(i)absent from Australia or from duty, or
(ii)unable for any reason to attend a meeting of the Commission, or
(iii)otherwise unable to perform the duties of the President, or
(b)there is a vacancy in the office of the President,
the Deputy President shall act in the place of the President, and while so acting, shall have all the powers and perform all the duties of the President.
Whenever—
(a)a Commissioner for a party is
(i)absent from Australia or from duty,
(ii)unable for any reason to attend a meeting of the Commission, or
(iii)acting in the place of the President as Deputy President, or
(iv)otherwise unable to perform the duties of a Commissioner, or
(b)there is a vacancy in the office of a Commissioner,
a Deputy Commissioner for that party shall act in the place of that Commissioner, and while so acting, shall have all the powers and perform all the duties of that Commissioner.
Powers and duties of the President
The President has such powers and duties as may be specified or conferred upon the President by—
(a)this Agreement,
(b)the Ministerial Council,
(c)the Commission,
or as may be delegated to the President under sub-clause 34(1).
Powers or duties specified or conferred upon the President—
(a)by the Ministerial Council may be revoked by the Ministerial Council.
(b)by the Commission may be revoked by a majority vote of the Commissioners.
Specifying or conferring a power on the President under this clause does not prevent the exercise of that power by the Ministerial Council or the Commission, as the case may be.
When the President exercises a power specified or conferred under this clause it is deemed to have been exercised by the Ministerial Council or the Commission, as the case may be.
Powers of Commissioners
Except as provided in this Agreement or any Schedule, Commissioners have equal powers.
Conditions of appointment and remuneration of the President
The Ministerial Council may, from time to time—
(a)determine the terms of employment or engagement and remuneration of the President;
(b)if necessary, provide for the superannuation of the President.
The President shall be responsible to the Ministerial Council for the proper execution of the President's powers and duties.
Any payments made pursuant to sub-clause 26(1) shall be borne by the Contracting Governments in equal shares.
Remuneration of Commissioners and Deputy Commissioners
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
The President or Deputy President may at any time be removed from office by the unanimous vote of the Ministerial Council.
A Commissioner or Deputy Commissioner for the Commonwealth may at any time be removed from office by the Governor-General.
A Commissioner or a Deputy Commissioner for a State may at any time be removed from office by the Governor of that State.
Resignation
The President or Deputy President may at any time tender resignation of that appointment in writing addressed to the Chairperson of the Ministerial Council.
A Commissioner or a Deputy Commissioner for the Commonwealth may at any time tender resignation of that appointment in writing addressed to the Governor-General.
A Commissioner or Deputy Commissioner for a State may at any time tender resignation of that appointment in writing addressed to the Governor of that State.
Resignation tendered under this clause shall only take effect upon its acceptance by the Chairperson of the Ministerial Council, the Governor-General or the Governor, as the case may be.
Vacancies
Whenever a vacancy occurs in the office of the President or Deputy President, the Ministerial Council shall appoint a person to the vacant office.
Wherever a vacancy occurs in the office of a Commissioner or Deputy Commissioner the Governor-General or the Governor of a State shall appoint a person to the vacant office, as the case requires.
Validity of proceedings
No act, proceeding or determination of the Commission shall be invalid on the ground only of any defect in the appointment of the President, the Deputy President, any Commissioner or Deputy Commissioner.
Meetings of the Commission
The President and the Commissioners may meet together for the transaction of the Commission's business and may adjourn any meeting.
The President or any Commissioner may at any time call a meeting of the Commissioners.
The President shall preside at all meetings of the Commission at which the President is present.
The Deputy President shall preside at any meeting of the Commission at which the President is not present.
The presiding member shall not have a deliberative vote but shall have a casting vote as provided in sub-clauses 34(2) and 96(2).
The two Commissioners for a Contracting Government shall have a joint vote, exercisable in the absence of one by the other.
The presiding member and one Commissioner for each Contracting Government shall be a quorum.
Except as provided on sub-clauses 17(3), 34(2) and 96(2) a resolution before the Commission will be carried only by a unanimous vote of all Commissioners present who, with the presiding member, constitute a quorum.
The Commission must, subject to this Agreement, determine its own procedure.
The Commission must keep proper minutes of its proceedings.
Resolutions other than at meetings
The Commission may make a resolution other than at a duly convened meeting.
Before a resolution is made pursuant to sub-clause 33(1)—
(a)the text of the proposed resolution must be referred to one or more Commissioners nominated by each Contracting Government; and
(b)that Commissioner or those Commissioners must approve the text of the proposed resolution.
A resolution under this clause shall be made at the time when each Commissioner referred to in sub-clause 33(2) has signified approval of the resolution to an officer authorised by the Commission.
A Commissioner may signify approval of a resolution by any means, provided that—
(a)approval by telephone must be signified in person by the Commissioner;
(b)approval in writing must be by letter or facsimile transmission which has been dated and signed by the Commissioner.
Notwithstanding the provisions of sub-clause 33(2)(b) approval to a proposed resolution by the Deputy Commissioner acting under clause 23 shall be valid for all purposes.
A resolution made under this clause must be duly recorded and a copy sent to each Commissioner within 21 days of the resolution being made.
Delegation
The Commission may either generally or in relation to a matter or class of matters by resolution of the Commission delegate to the President, any Commissioner or any officer any of its powers under this Agreement, except this power of delegation.
A delegation under sub-clause 34(1) may be revoked by a majority vote of the Commissioners or, if the voting is equally divided, by the casting vote of the presiding member.
A delegation of any power pursuant to this clause shall not prevent the exercise of that power by the Commission.
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
The Commission may, from time to time, appoint such temporary or standing committees as it shall see fit.
A committee shall have such members, terms of reference, powers and functions as the Commission determines.
Employees of the Commission
The Commission may, from time to time, as it sees fit—
(a)employ and dismiss people;
(b)engage employment agencies to provide staffing services;
(c)engage consultants;
(d)determine the terms and manner of employment of people or engagement of consultants and their remuneration;
(e)provide for the superannuation of people employed by it.
Employment of officers in public service or in statutory authorities
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 of that Department.
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 of that public authority.
Liability for acts of the President, the Commissioners and officers
The Contracting Governments shall jointly indemnify the President or the Deputy President, in respect of any act or omission of the President or Deputy President, and for any losses or costs incurred by either of them, in the bona fide execution of the powers vested in the President, the Deputy President or the Commission by or under this Agreement or any Act approving the same.
Each Contracting Government must indemnify the Commissioners and Deputy Commissioners appointed by the Governor-General or the Governor of its State, as the case may be, in respect of any act or omission of any of those Commissioners or those Deputy Commissioners, and for any losses or costs incurred by any of them, in the bona fide execution of the powers vested in the Commission by or under this Agreement or any Act approving the same.
The Contracting Governments must jointly indemnify each officer in respect of any act or omission of, and for any losses incurred by that officer in the bona fide execution of that person's duties as an officer of the Commission.
Any payments made pursuant to sub-clause 38(1) or 38(3) must be borne by the Contracting Governments in equal shares.

PART V

INVESTIGATION, MEASUREMENT AND MONITORING

Investigations and studies
The Commission may co-ordinate, carry out or cause to be carried out surveys, investigations and studies regarding the desirability and practicability of works or measures for the equitable, efficient and sustainable use of water, land and other environmental resources of the Murray-Darling Basin, including but not limited to works or measures for—
(a)the conservation and regulation of river water;
(b)the protection and improvement of the quality of river water;
(c)the conservation, protection and management of aquatic and riverine environments;
(d)the control and management of groundwater which may affect the quality or quantity of river water.
The Commission may, without further approval of any Contracting Government, carry out, or cause to be carried out surveys, investigations or studies pursuant to sub-clause 39(1) on or adjacent to—
(a)the upper River Murray;
(b)the River Murray in South Australia.
Except as provided in sub-clause 39(2), the Commission must not carry out or cause to be carried out surveys, investigations or studies within the territory of any State without—
(a)informing the Ministerial Council of the proposed surveys, investigations and studies; and
(b)obtaining the consent of that State Contracting Government.
The Commission may initiate proposals for works or measures resulting from surveys, investigations or studies carried out under this clause.
If the implementation of any proposal is likely significantly to affect water, land or other environmental resources under the control, supervision or protection of a Contracting Government or a public authority responsible to that Contracting Government, the Commission must—
(a)inform the Ministerial Council of the likelihood; and
(b)consider any submissions made by that or any other Contracting Government, or public authority; and
(c)report to the Ministerial Council on any such submissions and the result of the Commission's consideration thereof.
Monitoring
The Commission—
(a)must, from time to time, advise the Ministerial Council on the adequacy and effectiveness of the arrangements for monitoring; and
(b)subject to Clause 42, may establish, maintain and operate effective means for monitoring
the quality, extent, diversity and representativeness of water, land and other environmental resources of the Murray-Darling Basin, including but not limited to—
(i)aquatic and riverine environments;
(ii)the effect of groundwater on water, land and other environmental resources.
Measurements of water quantity and quality
The Commission must establish, maintain and operate an effective and uniform system—
(a)for making and recording continuous measurements of—
(i)the flow of the River Murray, and tributaries of the River Murray within the boundaries of each State, and
(ii)the volume of stored water,
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 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 its tributaries; and
(c)for measuring and monitoring the quality of—
(i)River Murray water,
(ii)water in 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)stored water.
Need for approval in certain cases
The Commission may, without further approval of any Contracting Government, establish, maintain and operate any system or means referred to in clauses 40 and 41 on or adjacent to—
(a)the upper River Murray;
(b)the River Murray in South Australia.
Except as provided in sub-clause 42(1), the Commission must not establish, maintain or operate any system or means referred to in clauses 40 and 41 within the territory of any State without—
(a)informing the Ministerial Council of the proposed system or means; and
(b)obtaining the consent of that State Contracting Government.
Power to arrange data in lieu
Instead of establishing, maintaining or operating systems and means referred to in clauses 40 and 41, the Commission may—
(a)adopt the results of any measurements or monitoring made by any Contracting Government, or
(b)request a State Contracting Government to carry out any monitoring or measurement within its territory in such manner as the Commission considers necessary.
Water quality objectives
The Commission must formulate water quality objectives for the River Murray and make recommendations with respect thereto to the Ministerial Council.
Recommendations re water quantity and quality
The Commission may make recommendations to the Contracting Governments, any authority, agency or tribunal of a Contracting Government, or the Ministerial Council, concerning any matter, including the carrying out of any works or measures by a Contracting Government, which, in the opinion of the Commission, may in any way affect the quality or quantity of the waters of the River Murray or the stored water and shall inform the Ministerial Council of the recommendations at the time they are made.
Commission to be informed of new proposals
Whenever a Contracting Government or a public authority is considering any proposal which may significantly affect the flow, use, control or quality of any water in the upper River Murray and in the River Murray in South Australia, that Contracting Government must, or must ensure that the public authority shall—
(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.
The necessary information and data must be provided in sufficient time to allow the Commission—
(a)to assess the possible effect of the proposal on the flow, use, control or quality of that water; and
(b)to make representations thereon to that Contracting Government or public authority,
before the Contracting Government or public authority decides if the proposal will proceed.
The Commission shall consult with each Contracting Government, and with any public authority responsible to a Contracting Government which that Contracting Government or the Commission considers is likely to consider a proposal of the type referred to in sub-clause 46(1), with a view to reaching agreement with that Contracting Government, or that public authority, as to—
(a)the types of proposals to which sub-clause 46(1) shall apply; and
(b)the criteria to be used in assessing those proposals to which sub-clause 46(1) applies.
Environmental Assessment
The Commission must, in exercising its powers or functions, or in implementing works or measures under this Agreement, examine and take into account any possible effects which the exercise of those powers or functions or those works or measures may have on water, land and other environmental resources within the Murray‑Darling Basin.
Protection of catchment of Hume Reservoir
The State Contracting Governments of New South Wales and Victoria must take effective measures to protect the portions of the catchment of the Hume Reservoir within their respective States from erosion.
Each of those Contracting Governments must, before the end of June in each year, forward a report to the Commission on—
(a)the condition of the portion of the catchment of the Hume Reservoir within its territory,
(b)the measures taken and work carried out during the twelve months to the end of March immediately preceding, and
(c)particulars of the measures and works proposed for the next twelve months.
The Commission must, 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 are effective. If, on any inspection, the Commission considers that any of those measures or works are ineffective, it must notify the Contracting Government concerned which must, to the extent that it may be practicable, take action to make those measures and works effective.

Measures, works and action taken or carried out by a Contracting Government pursuant to sub-clause 48(1) or 48(3) shall be paid for by that Contracting Government.
If at any time the Commission considers that there is need for special action to protect the catchment of the Hume Reservoir from erosion, other than, or in addition to, the measures, works and action taken or carried out under sub-clauses 48(1) and 48(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 by the Commission.

PART VI

CONSTRUCTION, OPERATION AND MAINTENANCE OF WORKS

Works and measures subject to the Agreement
Works or measures from time to time included in a Schedule to this Agreement or authorised pursuant to clause 50 must be constructed, operated, maintained or implemented (as the case may require) in accordance with the provisions of this Agreement and any Acts approving the same.
Authorisation of further works or measures
The Ministerial Council, or the Commission may authorise—
(a)the construction of any works in addition to works set out in Schedule A,
(b)the improvement of any works constructed under this Agreement,
(c)the replacement of any works constructed under this Agreement,
(d)work to remedy the extraordinary failure of part or all of any work constructed under this Agreement,
(e)the implementation of any measures,
to promote the equitable efficient and sustainable use of the water, land and environmental resources of the Murray-Darling Basin, as provided in this clause.
The Commission may authorise the execution of any work or the implementation of any measure pursuant to this clause which is estimated to cost not more than $2,000,000.
The Ministerial Council may authorise the execution of any work or the implementation of any measure pursuant to this clause which is estimated to cost more than $2,000,000.
All provisions of this Agreement apply mutatis mutandis to any work or measure approved under this clause.
When any work or measure is authorised pursuant to sub-clauses 50(2) or 50(3), the Commission or the Ministerial Council, as the case may be, must nominate which of the Contracting Governments shall be responsible for—
(a)the construction, operation and maintenance of such work, or
(b)the implementation of such measure,
in whole or in part.
The Ministerial Council may—
(a)resolve to include any works or measures authorised pursuant to sub-clause 50(1) in a Schedule to the Agreement;
(b)may approve any Schedule prepared or amended pursuant to paragraph 50(6)(a).
When a Schedule is approved by the Ministerial Council under paragraph 50(6)(b) it thereupon becomes part of the Agreement, which is deemed to have been amended accordingly.
Paragraph 6(b) applies to any amendment of the Agreement made pursuant to sub‑clause 50(7).
Ancillary, preventative and remedial works
On the application of a Commissioner, the Commission may meet, or contribute to the costs of, or associated with—
(a)the construction, operation or maintenance 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, operation or maintenance 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, operation or maintenance of any works provided for in this Agreement or the former Agreement.
Before meeting, or contributing to the costs of, or associated with the construction of any works or the acquisition of any interest in land estimated to cost more than $1,000,000 pursuant to sub-clause 51(1), the Commission must obtain the consent of the Ministerial Council.
Preparation and submission of designs, etc. of works for Commission approval
A Contracting Government nominated to construct a work pursuant to this Agreement must submit a general scheme of the work to the Commission for its approval.
Before beginning to construct that work, the Contracting Government must submit designs, specifications and estimates of the work to the Commission for its approval.
The Commission may approve the general scheme, designs, specifications or estimates with or without alterations or additions, or may, from time to time, refer any of them for amendment to the Contracting Government submitting them.
The Contracting Government must carry out an authorised work in accordance with—
(a)the designs and specifications approved by the Commission, and
(b)any directions given by the Commission pursuant to clause 55.
Where any work is estimated to cost more than $2,000,000—
(a)the Commission must inform the Ministerial Council of the general scheme of the work and the general method of its proposed construction, and
(b)the work shall not proceed unless the general scheme of the work and the general method of its proposed construction accord with the purposes for which the work was authorised.
Submission of details of measures for Commission approval
A Contracting Government nominated to implement any measure pursuant to this Agreement must submit—
(a)a general description of the measure and of the method of implementing it;
(b)the estimated cost of implementing the measure;
(c)proposed arrangements for sharing the costs of implementing the measure among the Contracting Governments
to the Commission for its approval.
The Contracting Government must implement an authorised measure in accordance with—
(a)those matters approved by the Commission under sub-clause 53(1);
(b)any directions given by the Commission pursuant to clause 55.
Commission and Ministerial Council approval of certain tenders
A Constructing Authority must obtain approval of the Ministerial Council before accepting any tender relating to this Agreement for any amount exceeding $2,000,000.
If the concept or design of any work or measure or any changes thereto cause the total estimated cost of the work or measure to rise by more than 10% of the amount of the accepted tender, the Commission must—
(a)immediately notify the Ministerial Council and
(b)if the Ministerial Council does not agree that the work or measure should proceed within one month of being notified of the increased estimated cost, direct the Constructing Authority to suspend further action on that work or measure.
Directions for the efficient construction etc. of works
The Commission may give directions to ensure—
(a)the efficient construction, operation, maintenance and required performance of any work,
(b)the efficient implementation of any measures
authorised pursuant to this or the former Agreement.
A Constructing Authority must give effect to any directions given to it by the Commission under sub-clause 55(1).
The Commission may direct—
(a)if necessary, what shall be regarded as construction or maintenance for the purpose of clause 65,
(b)the doing of such acts or things as it considers necessary to ensure that the provisions of this Part are observed.
In exercising its power under paragraph 55(3)(a), the Commission must not direct that any of the following description of work shall be regarded as maintenance—
(a)the execution of any improvement to the design or function of any existing work;
(b)the replacement of the whole of any existing work;
(c)work to remedy the extraordinary failure of part or all of any existing work.
States to facilitate construction and operation within their territories
A State Contracting Government must grant all powers, licences or permissions with respect to its territory as may be necessary for—
(a)the construction, operation or maintenance of any works;
(b)the implementation of any measures; or
(c)the carrying out of any operation
required to be undertaken by any other Contracting Government or a public authority pursuant to this Agreement.
Works for benefit of State Contracting Governments
Any State Contracting Government which, either alone or jointly with another Contracting Government, proposes to carry out any work not provided for by this Agreement within the banks of the River Murray in South Australia or the upper River Murray, must submit particulars of the proposal, including plans of the proposed work, to the Commission.
Sub-clause 57(1) does not apply to the Great Darling Anabranch.
The Commission may approve the plans of the proposed work with or without alteration.
The Commission may from time to time stipulate conditions for the operation of any work constructed under this clause which—
(a)provides for the storage of water; or
(b)will affect the flow, use, control or quality of the water of the River Murray,
in so far as that operation may affect regulation of the flow or the quality of the water.
The cost of constructing, operating and maintaining works proposed pursuant to this clause must be borne by—
(a)the State Contracting Government proposing the work; or
(b)the Contracting Governments jointly proposing the work in such proportion as may be agreed between those Contracting Governments.
A State Contracting Government must operate any work carried out pursuant to this clause in such manner as the Commission may require from time to time.
Declaration that works or measures are effective
At any time after construction of any work or implementation of any measure authorised pursuant to sub-clause 50(1) has commenced, the Commission may declare that work or measure to be effective for the purposes of this Agreement.
Maintenance of works
A Contracting Government nominated to construct a work pursuant to this or the former Agreement must maintain it and keep it effective for its original purpose, unless it has been declared ineffective pursuant to clause 64.
Procedures for operation of works
The Commission may, from time to time, determine procedures for the operation of works constructed or measures implemented pursuant to this or the former Agreement.
Dredging and snagging
The Commission may from time to time direct that the River Murray upstream of any weir constructed pursuant to this or the former Agreement be dredged or snagged for such distance as the Commission may determine.
The distance determined pursuant to sub-clause 61(1) must not exceed the distance to which the navigability of the River Murray is affected by the weir.
The Contracting Government which constructed the weir must, carry out the Commission's direction and meet the cost involved, unless the Commission resolves to meet the whole or part of the cost.
Operation of works
The Contracting Government which constructed a work under this or the former Agreement must—
(a)operate it in accordance with any procedures determined by the Commission under clause 60;
(b)if the work is a lock, maintain immediately downstream of the lock such depth of water—
(i)as is sufficient for navigation of vessels drawing 1.4 metres of water; or
(ii)such other depth determined by the Commission under clause 123,
except when the lock is closed for maintenance or when there is an emergency.
Paragraph 62(1)(b) does not apply to Weir and Lock No. 26 Torrumbarry nor to Weir and Lock No. 15 Euston.
Performance of joint duties
Where Contracting Governments are jointly under a duty to operate or maintain any works or implement any measures or to carry out any operation, any questions as to which Government is to perform that duty or carry out that operation shall be resolved—
(a)by mutual agreement, or
(b)if agreement is not possible, by the Commission.
Ineffective works
The Commission may at any time declare ineffective the whole or part of any work or measure which is subject to this or the former Agreement.
The State Contracting Government which operates or maintains any work declared to be ineffective must dismantle so much of that work as the Commission may require.

PART VII

FINANCE

Apportionment of costs
The Ministerial Council, after considering any recommendation by the Commission, must determine what contribution, if any, is to be made by any State becoming a party pursuant to clause 134 to the costs referred to in sub-clauses 65(2) and 65(3).
Unless the Ministerial Council decides otherwise, the Contracting Governments, other than the Government of any State becoming a party pursuant to clause 134, must share equally the cost of—
(a)executing works set out in Schedule A;
(b)studies, programmes, surveys and investigations carried out pursuant to clause 39;
(c)establishing systems referred to in clause 41;
(d)systems established pursuant to a request made under paragraph 43(b);
(e)special action taken under sub-clause 48(5) which the Ministerial Council has determined pursuant to sub-clause 65(4) is to be borne by Contracting Governments in equal shares;
(f)constructing works and implementing measures authorised under sub-clause 50(1);
(g)any payment made by the Commission in respect of the construction of works under sub-clause 51(1);
(h)complying with a direction given under sub-clause 54(2);
(i)dismantling works referred to in sub-clause 64(2);
(j)any payment made by the Commission under paragraph 131(a); and
(k)administrative and other expenses of the Commission, the Ministerial Council and the Community Advisory Committee constituted under sub-clause 14(1),
less any contributions to those costs determined by the Ministerial Council under sub‑clause 65(1).
Unless the Ministerial Council decides otherwise, the State Contracting Governments, other than the Government of any State becoming a party pursuant to clause 134, must share equally the cost of—
(a)operating and maintaining works set out in Schedule A;
(b)operating and maintaining systems referred to in clause 41;
(c)operating and maintaining systems established pursuant to a request made under paragraph 43(b);
(d)operating and maintaining works authorised under sub-clause 50(1);
(e)special action taken under sub-clause 48(5) which the Ministerial Council has determined pursuant to sub-clause 65(4) is to be borne by each State Contracting Government in equal shares;
(f)any payment made by the Commission in respect of the operation or maintenance of works under sub-clause 51(1);
(g)such dredging or snagging carried out under clause 61 which the Commission has resolved to meet; and
(h)any payment made by the Commission under paragraph 131(b),
less any contributions to those costs determined by the Ministerial Council under sub‑clause 65(1).
The Ministerial Council, after considering any recommendation by the Commission, must determine whether the cost of any special action taken under sub-clause 48(5) is to be borne in equal shares by—
(a)each Contracting Government; or
(b)each State Contracting Government,
other than the Government of any State becoming a party pursuant to clause 134.
Financial year
The financial year of the Commission is from 1 July to 30 June.
Annual and forward estimates
The Commission must prepare—
(a)detailed annual estimates of its known and anticipated expenditure for the next financial year;
(b)forward estimates of its known and anticipated expenditure for the two successive financial years following the next financial year.
Annual and forward estimates must—
(a)be in such form as may from time to time be agreed between the Commission and the Ministerial Council;
(b)show the estimated amount to be contributed by each Contracting Government;
(c)be sent to each Contracting Government before the end of March in each year;
(d)be approved by the Ministerial Council.
Supplementary estimates
The Commission must prepare supplementary estimates of any expenditure projected by the Commission which—
(a)will exceed the amount set out in the annual estimates; and
(b)cannot be provided for under sub-clause 72(2).
Supplementary estimates must—
(a)be in such form as may from time to time be agreed between the Commission and the Ministerial Council;
(b)show the estimated amount to be contributed by each Contracting Government;
(c)be sent to each Contracting Government;
(d)be approved by the Ministerial Council.
Payments by Contracting Governments
Each Contracting Government must pay its share of the annual and supplementary estimates, as and when required by the Commission.
The Commission must not require payment of moneys relating to the construction of any works or implementation of any measures referred to in sub-clause 50(1) until construction or implementation has been authorised in accordance with that sub‑clause.
Proper accounts to be kept
The Commission must ensure that—
(a)proper accounts and records are kept of its transactions and affairs;
(b)all payments from its moneys are properly authorised and made;
(c)assets of, or in the custody of, the Commission are adequately controlled;
(d)the incurring of liabilities by the Commission is adequately controlled.
Commission to account
The Commission must account to the Ministerial Council and each Contracting Government for all moneys received from the Contracting Governments under this Agreement.
Application of moneys by Commission
Except as provided in this clause and clause 75, the Commission must apply money received under clause 69 in accordance with the annual or supplementary estimates, as the case may be.
In any financial year, the Commission may, as it sees fit—
(a)spend any anticipated savings on an item in the annual or supplementary estimates on any item which it anticipates will be overspent;
(b)advance sums to any Constructing Authority, public authority or person for expenditure in accordance with the annual or supplementary estimates in that, or any subsequent financial year;
(c)advance working capital to a Constructing Authority and replenish amounts expended from that advance from time to time.
Anticipated savings on any item to which all Contracting Governments contributed must only be expended on another item to which all Contracting Governments would be obliged to contribute under sub-clause 65(2).
Anticipated savings on any item to which only the State Contracting Governments contributed must only be expended on another item to which only the State Contracting Governments would be obliged to contribute under sub-clause 65(3).
Payments by Commission to Constructing Authorities
The Commission must each year, and in accordance with the annual and supplementary estimates, pay to any Constructing Authority required by the Agreement—
(a)to construct, operate or maintain any works;
(b)to carry on any operation;
(c)to implement any measures;
an amount sufficient to defray either—
(i)the whole cost; or
(ii)in the case of the cost referred to in paragraph 131(b), three quarters of the cost,
to be incurred by the Constructing Authority for those purposes in that year.
The Commission must make the payments required under sub-clause 73(1) at such times and in such manner as is agreed between the Commission and the Constructing Authority.
The Commission must not make any payment relating to the construction of any works or implementation of any measures referred to in sub-clause 50(1) until construction or implementation has been authorised in accordance with that sub‑clause.

Water of the Upper Snowy River regulated by the Snowy Scheme

PLUS

water of the Geehi River and Bogong Creek regulated by the Snowy Scheme

PLUS

any Snowy Notional Spill from the Snowy-Tumut Development to the Snowy-Murray Development

PLUS

the transfer from the Snowy-Tumut Development to the Snowy-Murray Development of the Snowy‑Tumut Development Annual Allocation

PLUS

4.5 GL per Water Year transferred from the Snowy-Tumut Development to the Snowy-Murray Development

PLUS

half of the balance of the Mowamba Borrowings Account

MINUS

any Snowy Notional Spill from the Snowy-Murray Development to the Snowy-Tumut Development.

(2)In this Agreement, "Net Snowy-Murray Development Diversions to the River Murray" means the volume of water calculated as follows:

Water Available to the Snowy-Murray Development released by the Snowy Scheme to the catchment of the River Murray upstream of Hume Dam

MINUS

the water of the Tooma River regulated by the Snowy Scheme

MINUS

the natural flows of the Geehi River and Bogong Creek regulated by the Snowy Scheme.

(3)In this Agreement, "Murray to Murrumbidgee Inter-Valley Transfer" means the volume of Water Available to the Snowy-Murray Development released by the Snowy Scheme to the catchment of the Murrumbidgee River.
4.The Snowy Scheme And The Murrumbidgee River
(1)In this Agreement, "Water Available to the Snowy-Tumut Development" means:

The water of the Eucumbene River, the Tooma River, the Upper Murrumbidgee River and the Upper Tumut River regulated by the Snowy Scheme

PLUS

any Snowy Notional Spill from the Snowy-Murray Development to the Snowy-Tumut Development

MINUS

half of the balance of the Mowamba Borrowings Account

MINUS

any Snowy Notional Spill from the Snowy-Tumut Development to the Snowy-Murray Development

MINUS

the transfer from the Snowy-Tumut Development to the Snowy-Murray Development of the Snowy-Tumut Development Annual Allocation

MINUS

4.5 GL per Water Year transferred from the Snowy‑Tumut Development to the Snowy-Murray Development.

(2)In this Agreement, "Murrumbidgee to Murray Inter-Valley Transfer" means the volume of Water Available to the Snowy‑Tumut Development released by the Snowy Scheme to the catchment of the River Murray upstream of Hume Dam.
5.Excess Snowy River Releases
In this Agreement, "Excess Snowy River Releases" means the greater of zero and the volume of water calculated as follows:

The regulated releases made to the Snowy River in the relevant Water Year, measured immediately below the confluence of the Snowy River and the Mowamba River

MINUS

9 GL

MINUS

the Snowy River Annual Allocation in the relevant Water Year

MINUS

the change in the balance of the Mowamba Borrowings Account during the relevant Water Year.

6.Snowy River Release Shortfalls
In this Agreement, "Snowy River Release Shortfalls" means the greater of zero and the volume of water calculated as follows:

The Snowy River Annual Allocation in the relevant Water Year

PLUS

9 GL

PLUS

the change in the balance of the Mowamba Borrowings Account from the commencement to the end of the relevant Water Year

MINUS

the regulated releases made to the Snowy River in the relevant Water Year, measured immediately below the confluence of the Snowy River and the Mowamba River.

7.Accounting For Water Releases
For the purposes of this Agreement, water releases from the Snowy‑Murray Development to the catchment of the River Murray upstream of Hume Dam are to be accounted as:
(1)water releases as at Murray 1 Power Station; and
(2)any water that would have passed through the Murray 1 Power Station but does not:
(a)for operational reasons; or
(b)because it is released from the Snowy Scheme as Snowy Montane Rivers External Increased Flows,

and that flows into the catchment of the River Murray upstream of Hume Dam.

PART III:WATER ACCOUNTING
8.Entitlements Of New South Wales And Victoria To Use Water
The volume of water referred to in paragraph 91(1)(e) of the Agreement is calculated as follows:

The Net Snowy-Murray Development Diversions to the River Murray

PLUS

Murray to Murrumbidgee Inter-Valley Transfers

PLUS

the Required Annual Release Shortfall

PLUS

the Snowy-Murray Development Annual Allocation

PLUS

Excess Snowy River Releases in excess of the volume of the Snowy River Release Shortfall in the previous Water Year

MINUS

At the discretion of the Commission, Murrumbidgee to Murray Inter-Valley Transfers

MINUS

the Required Annual Release Shortfall from the previous Water Year

MINUS

River Murray Above Target Releases allocated to the River Murray Increased Flows received by Hume Reservoir.

9.Water Estimated To Be Under The Control Of The Commission
Water referred to in paragraph 98(e) of the Agreement is estimated as follows:

The Net Snowy-Murray Development Diversions to the River Murray

PLUS

Murray to Murrumbidgee Inter-Valley Transfers

PLUS

the Required Annual Release Shortfall

PLUS

the Snowy-Murray Development Annual Allocation

PLUS

Excess Snowy River Releases in excess of the volume of the Snowy River Release Shortfall in the previous Water Year

MINUS

at the discretion of the Commission, Murrumbidgee to Murray Inter-Valley Transfers

MINUS

the Required Annual Release Shortfall from the previous Water Year

MINUS

River Murray Above Target Releases allocated to the River Murray Increased Flows received by Hume Reservoir,

in each case before the end of the following May.
10.Allocation of Water to New South Wales and Victoria
The volume of water referred to in paragraph 103(1)(b) of the Agreement is calculated as follows:

The Net Snowy-Murray Development Diversions to the River Murray

PLUS

Murray to Murrumbidgee Inter-Valley Transfers

PLUS

the Required Annual Release Shortfall

PLUS

the Snowy-Murray Development Annual Allocation

PLUS

Excess Snowy River Releases in excess of the volume of the Snowy River Release Shortfall in the previous Water Year

MINUS

at the discretion of the Commission, Murrumbidgee to Murray Inter-Valley Transfers

MINUS

the Required Annual Release Shortfall from the previous Water Year

MINUS

River Murray Above Target Releases allocated to the River Murray Increased Flows received by Hume Reservoir.

11.Tributary Inflows
(1)The volume of water referred to in sub-clause 105(2) of the Agreement is calculated as follows:

The component of the Required Annual Release Shortfall from the previous Water Year allocated to New South Wales under sub-clause 13(2) of this Schedule

PLUS

half of the River Murray Above Target Releases allocated to the River Murray Increased Flows received by Hume Reservoir

PLUS

half of the Excess Snowy River Release up to the volume of half of the Snowy River Release Shortfall in the previous Water Year for which an adjustment was made under sub-clauses 11(2) and 12(1) of this Schedule in the previous Water Year

PLUS

at the discretion of the Commission, Murrumbidgee to Murray Inter-Valley Transfers.

(2)The volume of water referred to in sub-clause 105(3) of the Agreement is calculated as follows:

The component of the Required Annual Release Shortfall from the previous Water Year allocated to Victoria under sub-clause 13(2) of this Schedule

PLUS

half of the River Murray Above Target Releases allocated to the River Murray Increased Flows received by Hume Reservoir

PLUS

half of the Snowy River Release Shortfall, unless Victoria has previously advised the Commission that Victoria waives this element of its allocation in any Water Year.

12.Use By New South Wales And Victoria Of Allocated Water
(1)The quantity of water referred to in paragraph 106(b) of the Agreement is calculated as follows:

Murray to Murrumbidgee Inter-Valley Transfers

PLUS

Excess Snowy River Releases in excess of the volume of the Snowy River Release Shortfall in the previous Water Year

PLUS

the Snowy-Murray Development Annual Allocation sourced from New South Wales

PLUS

the component of the Required Annual Release Shortfall allocated to New South Wales under sub-clause 13(1) of this Schedule

PLUS

unless otherwise agreed with Victoria, half of the Snowy River Release Shortfall.

(2)The quantity of water referred to in paragraph 106(c) of the Agreement is calculated as follows:

The Snowy-Murray Development Annual Allocation sourced from Victoria

PLUS

the component of the Required Annual Release Shortfall allocated to Victoria under sub-clause 13(1) of this Schedule

PLUS

half of the Excess Snowy River Release up to the volume of half of the Snowy River Release Shortfall in the previous Water Year for which an adjustment was made under sub-clauses 11(2) and 12(1) of this Schedule in the previous Water Year, (such adjustments to reflect any waiver or agreement with Victoria as referred to in those sub-clauses).

13.Required Annual Release Shortfalls
(1)If at the end of a Water Year there is a Required Annual Release Shortfall, the Required Annual Release Shortfall is to be accounted for by the Commission in accordance with Table One.
TABLE ONE: WATER ACCOUNTING AND REQUIRED ANNUAL RELEASE SHORTFALLS

TYPE OF WATER YEAR

ARRANGEMENT WITH RESPECT TO REQUIRED ANNUAL RELEASE SHORTFALL

WATER ACCOUNTING OUTCOMES

Water Year during which a period of special accounting is not in effect

Victoria agrees to the Required Annual Release Shortfall

New South Wales and Victoria deemed to each have used the Required Annual Release Shortfall as agreed

Victoria does not agree to the Required Annual Release Shortfall

New South Wales deemed to have used the whole of the Required Annual Release Shortfall

Water Year during which a period of special accounting is in effect

Victoria and the Commission agree to the Required Annual Release Shortfall

New South Wales and Victoria deemed to each have used the Required Annual Release Shortfall as agreed

The Commission does not agree to the Required Annual Release Shortfall

New South Wales deemed to have used the whole of the Required Annual Release Shortfall

(2)The volume of any Required Annual Release Shortfall from the previous Water Year must be allocated equally between New South Wales and Victoria until the balance of Required Annual Release Shortfalls for either State is zero and thereafter wholly to the other State.
14.Other Water Accounting Provisions
(1)Where under this Schedule the Commission is required to adjust accounts in connection with the Snowy-Murray Development Annual Allocation, it must make those adjustments in equal Monthly quantities.
(2)Where under this Schedule the Commission is required to adjust accounts in connection with inter-valley transfer, it must make those adjustments in equal Monthly quantities during the balance of the Water Year in which New South Wales notifies the Commission of the relevant inter-valley transfer.
(3)Each release of River Murray Increased Flows must be allocated half to New South Wales and half to Victoria.
PART IV:SNOWY-MURRAY DEVELOPMENT (RIVER MURRAY) ENVIRONMENTAL ENTITLEMENTS
15.Translation Factors
(1)New South Wales and Victoria must each transfer Water Savings and Water Entitlements to its respective Snowy-Murray Development (River Murray) Environmental Entitlement in accordance with Translation Factors agreed between each of them and the Commission.
(2)New South Wales, Victoria and the Commission must ensure that:
(a)the Translation Factors are determined in a manner consistent with the principles used to determine exchange rates in the relevant Water Market at the time of each transfer under sub-clause 18(2) of this Schedule; and
(b)the use of Translation Factors to transfer Water Savings and Water Entitlements to a Snowy-Murray Development (River Murray) Environmental Entitlement will not have a significant adverse impact on:
(i)the level of Reliability of entitlements to water diverted from the River Murray System, the Murrumbidgee River System and the Goulburn River System;
(ii)the environmental benefits related to the quantity and timing of water flows for environmental purposes in the River Murray System, the Murrumbidgee River System and the Goulburn River System;
(iii)the Seasonal Availability of the entitlement to be received during that Water Year by South Australia under this Agreement; and
(iv)water quality in the River Murray in South Australia.

TYPE OF WATER YEAR	ARRANGEMENT WITH RESPECT TO REQUIRED ANNUAL RELEASE SHORTFALL	WATER ACCOUNTING OUTCOMES
Water Year during which a period of special accounting is not in effect	Victoria agrees to the Required Annual Release Shortfall	New South Wales and Victoria deemed to each have used the Required Annual Release Shortfall as agreed
Victoria does not agree to the Required Annual Release Shortfall	New South Wales deemed to have used the whole of the Required Annual Release Shortfall
Water Year during which a period of special accounting is in effect	Victoria and the Commission agree to the Required Annual Release Shortfall	New South Wales and Victoria deemed to each have used the Required Annual Release Shortfall as agreed
The Commission does not agree to the Required Annual Release Shortfall	New South Wales deemed to have used the whole of the Required Annual Release Shortfall

16.Apportionment Of Environmental Entitlements
New South Wales and Victoria must notify the Commission of how each Environmental Entitlement has been apportioned between:
(1)the Snowy River Apportioned Entitlement; and
(2)the River Murray Apportioned Entitlement.

17.Valley Accounts
If:
(1)New South Wales or Victoria transfers either or both of Water Savings and Water Entitlements to an Environmental Entitlement; and
(2)the source of that water is from a valley for which the Commission maintains a valley account,

New South Wales or Victoria (as the case may be) must notify the Commission of the volume and reliability of the entitlement required to be added to the relevant valley account to generate the Environmental Entitlement.
18.Long Term Diversion Caps
(1)Prior to New South Wales or Victoria transferring either or both of Water Savings and Water Entitlements to an Environmental Entitlement, the relevant State must calculate the equivalent volume by which its Long Term Diversion Cap must be reduced.
(2)If New South Wales or Victoria transfers either or both of Water Savings and Water Entitlements to an Environmental Entitlement, at the same time the relevant State must advise the Commission of its calculation as to the volume by which its Long Term Diversion Cap must be reduced.
(3)If the Commission is satisfied with the appropriateness of a calculation advised under sub-clause 18(2), it must recommend to the Ministerial Council that the relevant Long Term Diversion Cap be amended in accordance with the calculation.
(4)If the Commission is not satisfied with the appropriateness of a calculation advised under sub-clause 18(2), the Commission must arrange for the relevant volume referred to in sub-clause 18(1) to be re-calculated in consultation with the relevant State.
(5)If a majority of the Commissioners is satisfied with the appropriateness of a calculation made under sub-clause 18(4), the Commission must recommend to the Ministerial Council that the relevant Long Term Diversion Cap be amended in accordance with the calculation.
(6)Despite paragraph 8(b) of Schedule F, the Ministerial Council must amend a Long Term Diversion Cap in accordance with any recommendation made by the Commission under sub-clause 18(3) or 18(5).
PART V:RIVER MURRAY INCREASED FLOWS
19.Obligation Of Commission To Make River Murray Increased Flows
Subject to this Part, the Commission must release River Murray Increased Flows.
20.Environmental Objectives And Strategy For River Murray Increased Flows
(1)Before the commencement of the second complete Water Year after the Corporatisation Date, the Ministerial Council must determine:
(a)a strategy for retaining and releasing River Murray Increased Flows to be implemented by the Commission; and
(b)the environmental objectives for the River Murray Increased Flows,

in accordance with the provisions of this clause.
(2)The Strategy:
(a)must include a provision to the effect that River Murray Increased Flows have first priority from River Murray Above Target Releases;
(b)may provide that water credited to the River Murray Increased Flows in Commission Storages Account need not be released during the Water Year in which it is credited;
(c)unless the Ministerial Council otherwise determines, must not have a significant adverse impact upon the security of entitlements to water;
(d)must integrate the environmental objectives for the River Murray Increased Flows with other environmental initiatives on the River Murray;
(e)must include adaptive management principles to allow the ability to optimise environmental benefits; and
(f)must prescribe appropriate environmental reporting and monitoring conditions.

(3)The Ministerial Council must determine the environmental objectives and Strategy in accordance with the following principles:
(a)Natural diversity of habitats and biota within the river channel, riparian zone and the floodplain should be maintained or enhanced.
(b)Natural linkages between the river and the floodplain should be maintained or enhanced.
(c)Natural metabolic functioning of aquatic ecosystems should be maintained or enhanced.
(d)Elements of the natural flow regime, in particular, seasonality should be retained or enhanced as far as possible, in the interests of conserving a niche for native rather than invasive exotic species and in maintaining the natural functions of the river.
(e)Consistent and constant flow and water level regimes should be avoided where practical, as this is contrary to the naturally variable flow regime of the River Murray.
(f)The general principles of ecosystem services should be recognised.
(g)Environmental benefit should be optimised.

(4)The Ministerial Council may from time to time by resolution amend the environmental objectives and the Strategy.
(5)As soon as practicable after the end of each Water Year, the Commission must report to the Contracting Governments on the environmental outcomes of the River Murray Increased Flows during that Water Year, in the light of the objectives determined by the Ministerial Council for those Increased Flows.
21.Commission To Maintain River Murray Increased Flows Accounts
(1)The Commission must maintain continuous water accounts of the River Murray Increased Flows to be known as:
(a)the Initial River Murray Increased Flows Account; and
(b)the River Murray Increased Flows in Commission Storages Account.

(2)The Commission must:
(a)credit the Initial River Murray Increased Flows Account with the River Murray Annual Allocation notified by New South Wales;
(b)transfer from the Initial River Murray Increased Flows Account to the River Murray Increased Flows in Commission Storages Account, River Murray Above Target Releases allocated to the River Murray Increased Flows in accordance with the Strategy;
(c)record in the River Murray Increased Flows in Commission Storages Account the transfer of water in that account between Commission storages; and
(d)record in the River Murray Increased Flows in Commission Storages Account the release of River Murray Increased Flows from Commission storages.

(3)The River Murray Increased Flows Accounts must be independently audited unless the Commission by resolution declares otherwise.
(4)As soon as practicable after the completion of each audit, the Commission must send a copy of the audited River Murray Increased Flows Accounts to the Contracting Governments.
22.Implementing the Strategy
The Commission must commence to implement the Strategy on the later of:
(1)the beginning of the second complete Water Year occurring after the Corporatisation Date; and
(2)the receipt by Hume Reservoir from the Snowy Scheme of River Murray Above Target Releases allocated to the River Murray Increased Flows.

23.Binding Effect of Strategy
Despite any other provision in this Agreement, the Commission must:
(1)allocate River Murray Above Target Releases to the River Murray Increased Flows Accounts; and
(2)manage the water in and releases of water from the River Murray Increased Flows in Commission Storages Account,

in accordance with the Strategy.
PART VI:NOTIFICATION AND CONSULTATION PROVISIONS
24.Commission To Be Informed Of New Proposals
A Contracting Government must inform the Commission of any proposal:
(1)to achieve Water Savings or to purchase Water Entitlements for the purpose of transferring those Water Savings or Water Entitlements to the Environmental Entitlements; or
(2)to modify the reliability of a supply of water pursuant to an Environmental Entitlement,

in accordance with sub-clause 46(4) of the Agreement.
25.Snowy Scheme Annual Water Operating Plan
(1)The parties acknowledge that as a result of provisions in the Snowy Water Licence and a deed between the Commonwealth, New South Wales and Victoria as at the Corporatisation Date, the Licensee is bound to consult with others, including the Commission, while developing each Annual Water Operating Plan and any variation to each Plan.
(2)The Commonwealth, New South Wales and Victoria must:
(a)ensure the direct participation by the Commission in each consultation referred to in sub-clause 25(1) or held under any varied consultation arrangements; and
(b)consult with the Commission before varying existing consultation arrangements.

26.Notifications Required
(1)Each Contracting Government must, at the time specified by the Commission, notify the Commission of such water volumes and estimates as are reasonably requested by the Commission to enable it to make calculations referred to in this Schedule.
(2)The Commission must, at any time specified by New South Wales, notify New South Wales of such water volumes and estimates calculated by the Commission by reference to the Baseline Conditions as are reasonably requested by New South Wales, to enable New South Wales to calculate the Required Annual Release.
PART VII:ANALYTICAL MODELS
27.Developing Analytical Models
(1)The Commission must develop an analytical model for determining, in the case of the River Murray System:
(a)storage volumes; and
(b)total diversions,

that would have occurred under Baseline Conditions.
(2)New South Wales must develop an analytical model for determining, in the case of the Murrumbidgee River System:
(a)storage volumes; and
(b)total diversions,

that would have occurred under Baseline Conditions.
(3)An analytical model developed under this clause:
(a)must be the best model available to the Commission or New South Wales, from time to time, for the purpose of calculating the timing and quantity of the Relaxation Volume under Baseline Conditions; and
(b)must be tested against relevant historical data to determine the accuracy of the model.

(4)New South Wales may at its own cost engage an independent auditor to evaluate whether the model developed under sub-clause 27(1) of this Schedule is:
(a)the best available to the Commission; and
(b)accurate.

PART VIII:OTHER PROVISIONS
28.Inter-Valley Water Transfers
(1)To facilitate water transfers, the Commission may request New South Wales to release:
(a)Water Available to the Snowy-Murray Development to each or both of the Tumut River catchment and the Murrumbidgee River catchment; or
(b)Water Available to the Snowy-Tumut Development to the River Murray catchment upstream of Hume Dam.

(2)If New South Wales agrees with the request made under sub-clause 28(1) of this Schedule, any inter-valley transfer referred to in sub‑clause 28(1) must be converted into an allocation to New South Wales of water in Hume Reservoir.

SIGNED by the Honourable JOHN W HOWARD MP, Prime Minister of the Commonwealth of Australia in the presence of

MALCOLM HAZELL

}

JOHN HOWARD

SIGNED by the Honourable ROBERT J CARR MP, Premier of the State of New South Wales, in the presence of

NICHOLAS ROWLEY

}

BOB CARR

SIGNED by the Honourable STEPHEN P BRACKS MP, Premier of the State of Victoria, in the presence of

ROBERT HUDSON

}

STEVE BRACKS

SIGNED by the Honourable MICHAEL D RANN MP, Premier of the State of South Australia, in the presence of

PAMELA JANE MARTIN

}

MICHAEL RANN

Legislative history

Notes

•Amendments of this version that are uncommenced are not incorporated into the text.
•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of Act
The Murray-Darling Basin Act 1993 was repealed by Sch 1 cl 36 of the Murray-Darling Basin Act 2008 on 15.12.2008.
Legislation repealed by principal Act
The Murray-Darling Basin Act 1993 repealed the following:
Murray-Darling Basin Act 1983
Principal Act and amendments

Year No Title Assent Commencement

1993 67 Murray-Darling Basin Act 1993 26.8.1993 6.10.1993 (Gazette 30.9.1993 p1340)

2003 35 River Murray Act 2003 31.7.2003 Sch (cl 13)—24.11.2003 (Gazette 20.11.2003 p4203)

2006 22 Murray-Darling Basin (Amending Agreement) Amendment Act 2006 5.10.2006 5.10.2006 (Gazette 5.10.2006 p3660)

2007 31 Murray-Darling Basin (Amending Agreement) Amendment Act 2007 9.8.2007 uncommenced
Provisions amended
Entries that relate to provisions that have been deleted appear in italics.

Provision How varied Commencement

Long title amended under Legislation Revision and Publication Act 2002 24.11.2003

Pt 1

s 2 omitted under Legislation Revision and Publication Act 2002 24.11.2003

s 4

s 4(1)

Agreement substituted by 22/2006 s 4 5.10.2006

Amending Agreement inserted by 22/2006 s 4 5.10.2006

Pt 2

s 5A inserted by 22/2006 s 5 5.10.2006

Pt 3

s 18

s 18(1) s 18 redesignated as s 18(1) by 35/2003 Sch cl 13 24.11.2003

s 18(2) inserted by 35/2003 Sch cl 13 24.11.2003

Pt 4

s 32

s 32(1) omitted under Legislation Revision and Publication Act 2002 24.11.2003

Sch—see Sch 1

Sch 1 Sch heading substituted by 22/2006 s 6 5.10.2006

Sch 2 inserted by 22/2006 s 7 5.10.2006
Historical versions

Reprint No 1—24.11.2003
Appendix—Divisional penalties and expiation fees
At the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:

Division

Maximum imprisonment

Maximum fine

Expiation fee

1

15 years

$60 000

—

2

10 years

$40 000

—

3

7 years

$30 000

—

4

4 years

$15 000

—

5

2 years

$8 000

—

6

1 year

$4 000

$300

7

6 months

$2 000

$200

8

3 months

$1 000

$150

9

–

$500

$100

10

–

$200

$75

11

–

$100

$50

12

–

$50

$25

Note: This appendix is provided for convenience of reference only.

Water of the Upper Snowy River regulated by the Snowy Scheme
PLUS	water of the Geehi River and Bogong Creek regulated by the Snowy Scheme
PLUS	any Snowy Notional Spill from the Snowy-Tumut Development to the Snowy-Murray Development
PLUS	the transfer from the Snowy-Tumut Development to the Snowy-Murray Development of the Snowy‑Tumut Development Annual Allocation
PLUS	4.5 GL per Water Year transferred from the Snowy-Tumut Development to the Snowy-Murray Development
PLUS	half of the balance of the Mowamba Borrowings Account
MINUS	any Snowy Notional Spill from the Snowy-Murray Development to the Snowy-Tumut Development.

Water Available to the Snowy-Murray Development released by the Snowy Scheme to the catchment of the River Murray upstream of Hume Dam
MINUS	the water of the Tooma River regulated by the Snowy Scheme
MINUS	the natural flows of the Geehi River and Bogong Creek regulated by the Snowy Scheme.

The water of the Eucumbene River, the Tooma River, the Upper Murrumbidgee River and the Upper Tumut River regulated by the Snowy Scheme
PLUS	any Snowy Notional Spill from the Snowy-Murray Development to the Snowy-Tumut Development
MINUS	half of the balance of the Mowamba Borrowings Account
MINUS	any Snowy Notional Spill from the Snowy-Tumut Development to the Snowy-Murray Development
MINUS	the transfer from the Snowy-Tumut Development to the Snowy-Murray Development of the Snowy-Tumut Development Annual Allocation
MINUS	4.5 GL per Water Year transferred from the Snowy‑Tumut Development to the Snowy-Murray Development.

The regulated releases made to the Snowy River in the relevant Water Year, measured immediately below the confluence of the Snowy River and the Mowamba River
MINUS	9 GL
MINUS	the Snowy River Annual Allocation in the relevant Water Year
MINUS	the change in the balance of the Mowamba Borrowings Account during the relevant Water Year.

The Net Snowy-Murray Development Diversions to the River Murray
PLUS	Murray to Murrumbidgee Inter-Valley Transfers
PLUS	the Required Annual Release Shortfall
PLUS	the Snowy-Murray Development Annual Allocation
PLUS	Excess Snowy River Releases in excess of the volume of the Snowy River Release Shortfall in the previous Water Year
MINUS	At the discretion of the Commission, Murrumbidgee to Murray Inter-Valley Transfers
MINUS	the Required Annual Release Shortfall from the previous Water Year
MINUS	River Murray Above Target Releases allocated to the River Murray Increased Flows received by Hume Reservoir.

The component of the Required Annual Release Shortfall from the previous Water Year allocated to New South Wales under sub-clause 13(2) of this Schedule
PLUS	half of the River Murray Above Target Releases allocated to the River Murray Increased Flows received by Hume Reservoir
PLUS	half of the Excess Snowy River Release up to the volume of half of the Snowy River Release Shortfall in the previous Water Year for which an adjustment was made under sub-clauses 11(2) and 12(1) of this Schedule in the previous Water Year
PLUS	at the discretion of the Commission, Murrumbidgee to Murray Inter-Valley Transfers.

SIGNED by the Honourable JOHN W HOWARD MP, Prime Minister of the Commonwealth of Australia in the presence of MALCOLM HAZELL	}	JOHN HOWARD
SIGNED by the Honourable ROBERT J CARR MP, Premier of the State of New South Wales, in the presence of NICHOLAS ROWLEY	}	BOB CARR
SIGNED by the Honourable STEPHEN P BRACKS MP, Premier of the State of Victoria, in the presence of ROBERT HUDSON	}	STEVE BRACKS
SIGNED by the Honourable MICHAEL D RANN MP, Premier of the State of South Australia, in the presence of PAMELA JANE MARTIN	}	MICHAEL RANN

Year	No	Title	Assent	Commencement
1993	67	Murray-Darling Basin Act 1993	26.8.1993	6.10.1993 (Gazette 30.9.1993 p1340)
2003	35	River Murray Act 2003	31.7.2003	Sch (cl 13)—24.11.2003 (Gazette 20.11.2003 p4203)
2006	22	Murray-Darling Basin (Amending Agreement) Amendment Act 2006	5.10.2006	5.10.2006 (Gazette 5.10.2006 p3660)
2007	31	Murray-Darling Basin (Amending Agreement) Amendment Act 2007	9.8.2007	uncommenced

Provision	How varied	Commencement
Long title	amended under Legislation Revision and Publication Act 2002	24.11.2003
Pt 1
s 2	omitted under Legislation Revision and Publication Act 2002	24.11.2003
s 4
s 4(1)
Agreement	substituted by 22/2006 s 4	5.10.2006
Amending Agreement	inserted by 22/2006 s 4	5.10.2006
Pt 2
s 5A	inserted by 22/2006 s 5	5.10.2006
Pt 3
s 18
s 18(1)	s 18 redesignated as s 18(1) by 35/2003 Sch cl 13	24.11.2003
s 18(2)	inserted by 35/2003 Sch cl 13	24.11.2003
Pt 4
s 32
s 32(1)	omitted under Legislation Revision and Publication Act 2002	24.11.2003
Sch—see Sch 1
Sch 1	Sch heading substituted by 22/2006 s 6	5.10.2006
Sch 2	inserted by 22/2006 s 7	5.10.2006

Division	Maximum imprisonment	Maximum fine	Expiation fee
1	15 years	$60 000	—
2	10 years	$40 000	—
3	7 years	$30 000	—
4	4 years	$15 000	—
5	2 years	$8 000	—
6	1 year	$4 000	$300
7	6 months	$2 000	$200
8	3 months	$1 000	$150
9	–	$500	$100
10	–	$200	$75
11	–	$100	$50
12	–	$50	$25