Murray-Darling Basin Act 1996 (Qld)

Queensland MURRAY-DARLING BASIN ACT 1996 Reprinted as in force on 3 March 1997 (Act not amended up to this date) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 3 March 1997. Minor editorial changes allowed under the provisions of the ReprintsAct1992 mentioned in the following list have been made to— • use standard punctuation consistent with current drafting practice (s 27) • use aspects of format and printing style consistent with current drafting practice (s 35) • omit the enacting words (s 42A). See endnotes for information about when provisions commenced.

Queensland MURRAY-DARLING BASIN ACT 1996 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Meaning of other words and expressions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2—THE AGREEMENT AND THE COMMISSIONERS 5 Approval of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Appointment of commissioners and deputy commissioners . . . . . . . . . . . . . 4 7 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 10 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 3—COMMISSION’S FUNCTIONS AND POWERS 11 Functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 4—GENERAL 12 Supreme Court jurisdiction over commission and commissioners . . . . . . . . 5 13 Exemption from taxes and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 14 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 15 Tabling of certain documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 16 Accession by new parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 17 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 8 MURRAY-DARLING BASIN AGREEMENT

2 Murray-Darling Basin Act 1996 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . 110 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111

s1 3 s2 Murray-Darling Basin Act 1996 MURRAY-DARLING BASIN ACT 1996 [reprinted as in force on 3 March 1997] An Act to approve and provide for carrying out an agreement entered into between the Commonwealth, New South Wales, Victoria, Queensland and South Australia with regard to the water, land and other environmental resources of the Murray-Darling Basin, and for other purposes PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Murray-Darling Basin Act 1996 . ˙ Definitions 2. In this Act— “agreement” means the agreement (including schedule D) a copy of the text of which is in the schedule to this Act. “commission” means the Murray-Darling Basin Commission. “commissioner” , other than in section 6(1), means— (a) the president or a commissioner of the commission; or (b) a deputy commissioner of the commission when acting as a commissioner of the commission. “State member” means a commissioner or deputy commissioner appointed under section 6.

s3 4 s8 Murray-Darling Basin Act 1996 ˙ Meaning of other words and expressions 3. If a word or expression (other than a word or expression defined in section 2) is used in this Act and in the agreement, the word or expression has the meaning given in the agreement. ˙ Act binds all persons 4. This Act binds all persons, including the State. PART 2—THE AGREEMENT AND THE COMMISSIONERS ˙ Approval of agreement 5. The agreement is approved. ˙ Appointment of commissioners and deputy commissioners 6.(1) For the agreement, clause 20(2), the Governor in Council may appoint 2 commissioners and 2 deputy commissioners. (2) A State member may be appointed for a term of not longer than 5 years. (3) A State member is eligible for reappointment. ˙ Terms of appointment 7. For a matter not provided under this Act, another State law or the agreement, a State member holds office on terms decided by the Governor in Council. ˙ Remuneration 8. A State member is entitled to the remuneration and allowances fixed by the Governor in Council.

s 9 5 s 12 Murray-Darling Basin Act 1996 ˙ Resignation 9. A State member may resign from office under the agreement, clause 29. ˙ Termination of appointment 10. The Governor in Council may at any time remove a State member from office. PART 3—COMMISSION’S FUNCTIONS AND POWERS ˙ Functions and powers 11. The commission has the functions and powers expressed to be conferred on it under the agreement. PART 4—GENERAL ˙ Supreme Court jurisdiction over commission and commissioners 12.(1) The Supreme Court may exercise jurisdiction in relation to the commission and the commissioners in the same way and to the same extent as it could if the commission were a body representing the State and the commissioners were State officers. (2) 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 the court.

s 13 6 s 16 Murray-Darling Basin Act 1996 ˙ Exemption from taxes and charges 13. Despite any other Act of the State, a rate, tax, charge or fee is not payable for an act or thing done by or for the commission. ˙ Evidence 14.(1) A minute or record of proceedings of the commission signed by the president of the commission, or a copy of the minute or record certified as correct by the president, is presumed to be correct, unless the contrary is proved. (2) A document signed by, and containing a decision of, an arbitrator appointed under the agreement is, in any proceeding, evidence of the decision, unless the contrary is proved. (3) A document purporting to be a document of a kind mentioned in subsection (1) or (2) is taken to be a document of the kind, unless the contrary is proved. ˙ Tabling of certain documents 15. The Minister must ensure a copy of each of the following documents is laid before the Legislative Assembly as soon as practicable after the Minister receives it— (a) a report or statement given to the Ministerial Council by the commission under the agreement, clause 84; 1 (b) a schedule approved under the agreement, clause 50. 2 ˙ Accession by new parties 16.(1) If the Ministerial Council approves a schedule under the agreement, clause 134 3 for another State to become a party to the agreement, the Minister must ensure a copy of the schedule is laid before 1 Agreement, clause 84 (Preparation of reports) 2 Agreement, clause 50 (Authorisation of further works or measures) 3 Agreement, clause 134 (Accession by new parties)

s 17 7 s 17 Murray-Darling Basin Act 1996 the Legislative Assembly within 15 sitting days after its approval by the Ministerial Council. (2) A schedule mentioned in subsection (1) has no effect if—— (a) it is disallowed as mentioned in the agreement, clause 134; or (b) it is void or has ceased to have effect for another reason mentioned in the clause. ˙ Regulation-making power 17. The Governor in Council may make regulations under this Act.

8 Murray-Darling Basin Act 1996 ¡ SCHEDULE MURRAY-DARLING BASIN AGREEMENT ARRANGEMENT OF CLAUSES section 2 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

9 Murray-Darling Basin Act 1996 SCHEDULE (continued) 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

10 Murray-Darling Basin Act 1996 SCHEDULE (continued) 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

11 Murray-Darling Basin Act 1996 SCHEDULE (continued) 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

12 Murray-Darling Basin Act 1996 SCHEDULE (continued) 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

13 Murray-Darling Basin Act 1996 SCHEDULE (continued) 103 Allocation of water to New South Wales and Victoria 104 Allocation of water in Menindee Lake 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

14 Murray-Darling Basin Act 1996 SCHEDULE (continued) 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

15 Murray-Darling Basin Act 1996 SCHEDULE (continued) MURRAY-DARLING BASIN AGREEMENT The Murray-Darling Basin Agreement made this twenty fourth day of June 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 Agreement s 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—

16 Murray-Darling Basin Act 1996 SCHEDULE (continued) PART I—INTERPRETATION Purpose 1. 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 2. 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

17 Murray-Darling Basin Act 1996 SCHEDULE (continued) (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 under 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 constructing such works or executing such measures. “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.

18 Murray-Darling Basin Act 1996 SCHEDULE (continued) “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

19 Murray-Darling Basin Act 1996 SCHEDULE (continued) 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,

20 Murray-Darling Basin Act 1996 SCHEDULE (continued) 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;

21 Murray-Darling Basin Act 1996 SCHEDULE (continued) (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 3.(1) 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.

22 Murray-Darling Basin Act 1996 SCHEDULE (continued) (2) 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 4. Except as otherwise provided in this Agreement, this Agreement replaces the former Agreement. Approval 5. 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 6. 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

23 Murray-Darling Basin Act 1996 SCHEDULE (continued) 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 7. 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 8.(1) The Ministerial Council constituted under the former Agreement is continued in existence. (2) 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. (3) 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. (4) 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

24 Murray-Darling Basin Act 1996 SCHEDULE (continued) 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 9. 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 10. 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 11. The Ministerial Council may require a report from the Commission on any of the Commission’s operations.

25 Murray-Darling Basin Act 1996 SCHEDULE (continued) Proceedings of the Ministerial Council 12.(1) The Ministerial Council shall meet at least once in each year but otherwise at such times as it sees fit and shall, subject to this Agreement, determine its own procedure. (2) The quorum for a meeting of the Ministerial Council shall be each Minister nominated under clause 15 or, in the absence of that Minister, a Minister from the same Contracting Government authorised for this purpose by that Government. (3) A resolution before the Ministerial Council will be carried only by a unanimous vote of all Ministers present who constitute a quorum. (4) The Chairperson of the Ministerial Council shall be one of the Commonwealth Ministers who is a member of the Council and is at the relevant time the member nominated for this purpose by the Prime Minister. Resolutions other than at meetings 13.(1) A decision of the Ministerial Council may be made other than at a meeting of the Ministerial Council if made in accordance with this clause. (2) If— (a) the text of a proposed resolution is sent or given in writing by facsimile or other transmission by an officer of the Commission authorised by the Ministerial Council to a Minister nominated under clause 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. (3) 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.

26 Murray-Darling Basin Act 1996 SCHEDULE (continued) (4) Any decision of the Ministerial Council made in accordance with this clause, must be recorded by an officer of the Commission authorised by the Ministerial Council and a copy of the decision sent to each member of the Ministerial Council within 21 days after the decision is made. (5) The record made pursuant to sub-clause 13(4) shall be confirmed at the next meeting of the Ministerial Council. Appointment of Committees 14.(1) 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. (2) A committee shall have such members, terms of reference, powers and functions as the Ministerial Council determines. (3) A member of a committee shall hold office on such terms as the Ministerial Council may determine. (4) 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 15. 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.

27 Murray-Darling Basin Act 1996 SCHEDULE (continued) PART IV—THE COMMISSION Constitution 16.(1) The Murray-Darling Basin Commission constituted under the former Agreement is continued in existence. (2) 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 17.(1) 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. (2) 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

28 Murray-Darling Basin Act 1996 SCHEDULE (continued) subsequent Parts provide, otherwise than as provided for by those Parts as amended from time to time. (3) 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. (4) 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 18. The Commission shall consist of the President and the Commissioners appointed pursuant to clause 20. Declaration of interests 19.(1) 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. (2) 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.

29 Murray-Darling Basin Act 1996 SCHEDULE (continued) Appointment of President, Deputy President, Commissioners and Deputy Commissioner 20.(1) 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. (2) 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. (3) The Ministerial Council shall appoint one of the Commissioners appointed pursuant to sub-clause 20(2) to be Deputy President. Terms of Appointment 21.(1) The President, each Commissioner and Deputy Commissioner shall be appointed for a term not exceeding five years and be eligible for re-appointment. (2) 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 22. 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 23.(1) Whenever— (a) the President is—

30 Murray-Darling Basin Act 1996 SCHEDULE (continued) (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. (2) 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 24.(1) 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). (2) Powers or duties specified or conferred upon the President—

31 Murray-Darling Basin Act 1996 SCHEDULE (continued) (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. (3) 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. (4) 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 25. Except as provided in this Agreement or any Schedule, Commissioners have equal powers. Conditions of appointment and remuneration of the President 26.(1) 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. (2) The President shall be responsible to the Ministerial Council for the proper execution of the President’s powers and duties. (3) 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 27. 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

32 Murray-Darling Basin Act 1996 SCHEDULE (continued) determined by or under any applicable law, or, in the absence of such law, by that Contracting Government. Removal from office 28.(1) The President or Deputy President may at any time be removed from office by the unanimous vote of the Ministerial Council. (2) A Commissioner or Deputy Commissioner for the Commonwealth may at any time be removed from office by the Governor General. (3) A Commissioner or a Deputy Commissioner for a State may at any time be removed from office by the Governor of that State. Resignation 29.(1) The President or Deputy President may at any time tender resignation of that appointment in writing addressed to the Chairperson of the Ministerial Council. (2) 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. (3) 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. (4) 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 30.(1) Whenever a vacancy occurs in the office of the President or Deputy President, the Ministerial Council shall appoint a person to the vacant office. (2) Wherever a vacancy occurs in the office of a Commissioner or

33 Murray-Darling Basin Act 1996 SCHEDULE (continued) 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 31. 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 32.(1) The President and the Commissioners may meet together for the transaction of the Commission’s business and may adjourn any meeting. (2) The President or any Commissioner may at any time call a meeting of the Commissioners. (3) The President shall preside at all meetings of the Commission at which the President is present. (4) The Deputy President shall preside at any meeting of the Commission at which the President is not present. (5) 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). (6) The two Commissioners for a Contracting Government shall have a joint vote, exercisable in the absence of one by the other. (7) The presiding member and one Commissioner for each Contracting Government shall be a quorum. (8) 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. (9) The Commission must, subject to this Agreement, determine its own procedure. (10) The Commission must keep proper minutes of its proceedings.

34 Murray-Darling Basin Act 1996 SCHEDULE (continued) Resolutions other than at meetings 33.(1) The Commission may make a resolution other than at a duly convened meeting. (2) 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. (3) 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. (4) 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. (5) 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. (6) 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 34.(1) 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. (2) A delegation under sub-clause 34(1) may be revoked by a majority

35 Murray-Darling Basin Act 1996 SCHEDULE (continued) vote of the Commissioners or, if the voting is equally divided, by the casting vote of the presiding member. (3) A delegation of any power pursuant to this clause shall not prevent the exercise of that power by the Commission. (4) A power so delegated, when exercised by the delegate, shall, for the purposes of this Agreement, be deemed to have been exercised by the Commission. Appointment of Committees 35.(1) The Commission may, from time to time, appoint such temporary or standing committees as it shall see fit. (2) A committee shall have such members, terms of reference, powers and functions as the Commission determines. Employees of the Commission 36. 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 37.(1) The Commission may, with the consent of the Minister controlling any Department of the Public Service of any Contracting Government and on such terms as may be mutually arranged, make use of the services of any of the officers of that Department. (2) The Commission may, with the approval of a public authority and on

36 Murray-Darling Basin Act 1996 SCHEDULE (continued) 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 38.(1) 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. (2) 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. (3) 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. (4) 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 39.(1) 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

37 Murray-Darling Basin Act 1996 SCHEDULE (continued) 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. (2) 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. (3) 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. (4) The Commission may initiate proposals for works or measures resulting from surveys, investigations or studies carried out under this clause. (5) 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

38 Murray-Darling Basin Act 1996 SCHEDULE (continued) (c) report to the Ministerial Council on any such submissions and the result of the Commission’s consideration thereof. Monitoring 40. 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 41. 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

39 Murray-Darling Basin Act 1996 SCHEDULE (continued) 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 42.(1) 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. (2) 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 43. 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

40 Murray-Darling Basin Act 1996 SCHEDULE (continued) monitoring or measurement within its territory in such manner as the Commission considers necessary. Water quality objectives 44. 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 45. 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 46.(1) 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. (2) 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

41 Murray-Darling Basin Act 1996 SCHEDULE (continued) (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. (3) 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 47. 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 48.(1) 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. (2) 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

42 Murray-Darling Basin Act 1996 SCHEDULE (continued) (c) particulars of the measures and works proposed for the next twelve months. (3) 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. (4) 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. (5) 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 49. 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.

43 Murray-Darling Basin Act 1996 SCHEDULE (continued) Authorisation of further works or measures 50.(1) 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. (2) 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. (3) 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. (4) All provisions of this Agreement apply mutatis mutandis to any work or measure approved under this clause. (5) 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. (6) The Ministerial Council may: (a) resolve to include any works or measures authorised pursuant to

44 Murray-Darling Basin Act 1996 SCHEDULE (continued) sub-clause 50(1) in a Schedule to the Agreement; (b) may approve any Schedule prepared or amended pursuant to paragraph 50(6)(a). (7) 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. (8) Paragraph 6(b) applies to any amendment of the Agreement made pursuant to sub-clause 50(7). Ancillary, preventative and remedial works 51.(1) 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. (2) 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.

45 Murray-Darling Basin Act 1996 SCHEDULE (continued) Preparation and submission of designs, etc. of works for Commission approval 52.(1) 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. (2) Before beginning to construct that work, the Contracting Government must submit designs, specifications and estimates of the work to the Commission for its approval. (3) 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. (4) 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. (5) 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 53.(1) 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

46 Murray-Darling Basin Act 1996 SCHEDULE (continued) measure among the Contracting Governments to the Commission for its approval. (2) 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 54.(1) 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. (2) 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 55.(1) 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. (2) A Constructing Authority must give effect to any directions given to it by the Commission under sub-clause 55(1). (3) The Commission may direct—

47 Murray-Darling Basin Act 1996 SCHEDULE (continued) (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. (4) 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 56. 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 57.(1) 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. (2) Sub-clause 57(1) does not apply to the Great Darling Anabranch.

48 Murray-Darling Basin Act 1996 SCHEDULE (continued) (3) The Commission may approve the plans of the proposed work with or without alteration. (4) 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. (5) 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. (6) 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 58. 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 59. 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.

49 Murray-Darling Basin Act 1996 SCHEDULE (continued) Procedures for operation of works 60. 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 61.(1) 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. (2) 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. (3) 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 62.(1) 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.

50 Murray-Darling Basin Act 1996 SCHEDULE (continued) (2) 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 63. 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 64.(1) 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. (2) 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 65.(1) 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). (2) 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—

51 Murray-Darling Basin Act 1996 SCHEDULE (continued) (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). (3) 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

52 Murray-Darling Basin Act 1996 SCHEDULE (continued) 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). (4) 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 66. The financial year of the Commission is from 1 July to 30 June. Annual and forward estimates 67.(1) 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. (2) Annual and forward estimates must—

53 Murray-Darling Basin Act 1996 SCHEDULE (continued) (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 68.(1) 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). (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 69.(1) Each Contracting Government must pay its share of the annual and supplementary estimates, as and when required by the Commission. (2) 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.

54 Murray-Darling Basin Act 1996 SCHEDULE (continued) Proper accounts to be kept 70. 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 71. 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 72.(1) 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. (2) 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. (3) Anticipated savings on any item to which all Contracting Governments contributed must only be expended on another item to which

55 Murray-Darling Basin Act 1996 SCHEDULE (continued) all Contracting Governments would be obliged to contribute under sub-clause 65(2). (4) 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 73.(1) 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. (2) 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. (3) 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. Contracting Governments to account 74. Each Contracting Government and any public authority must account to the Commission for all moneys received from the Commission under this Agreement.

56 Murray-Darling Basin Act 1996 SCHEDULE (continued) Unexpended balances 75.(1) The unexpended balance of moneys paid to the Commission by Contracting Governments pursuant to sub-clause 69(1) in any financial year— (a) shall, with the approval of the Ministerial Council, be available for expenditure during the ensuing financial year upon any item in the annual or supplementary estimates for (i) the year in which the moneys have not been expended; (ii) that ensuing financial year; (b) may be used to reduce the amounts which would otherwise be payable by each Contracting Government under sub-clause 69(1) in that ensuing financial year. (2) The Commission must notify Contracting Governments of any unexpended balances held by it at the end of any financial year. (3) The unexpended balance of moneys contributed by a Contracting Government must only be expended on items to which that Contracting Government is obliged to contribute under clause 65. List of assets 76.(1) Except as provided in sub-clause 76(2) the Commission must keep a list of assets acquired by— (a) the Commission, (b) a Constructing Authority with funds provided by the Commission. (2) The Commission need not keep a list of assets referred to in paragraph 76(1)(b) if it is satisfied that— (a) proper records of those assets are kept by the Constructing Authority, and (b) copies of those records will be provided to the Commission at its request.

57 Murray-Darling Basin Act 1996 SCHEDULE (continued) Disposal of surplus assets 77.(1) The Commission may direct when and how surplus assets acquired by the Commission, or by a Constructing Authority with funds provided by the Commission, shall be disposed of. (2) The Commission must determine how proceeds from the disposal of surplus assets are to be distributed among the Contracting Governments, having regard to the contributions made by each Contracting Government to the acquisition of those assets. Audit 78.(1) The Commission’s accounts, financial records and records of assets— (a) must, subject to sub-clause 78(2), be audited annually by the Commonwealth auditor; (b) may be audited at any reasonable time by a State auditor. (2) The Commonwealth auditor may choose to dispense with all or any of the audit required by paragraph 78(1)(a). (3) The Commonwealth auditor must promptly inform each Contracting Government of any significant irregularity revealed by an audit under paragraph 78(1)(a). (4) The Commission must, at all reasonable times, make all its relevant accounts and records available to an auditor or any person acting on behalf of the auditor acting under sub-clause 78(1). (5) An auditor acting under sub-clause 78(1) or any person acting on behalf of the auditor, may copy, or take extracts from, any relevant accounts or records of the Commission. (6) The Commission and its officers must provide an auditor acting under sub-clause 78(1) or any person acting on behalf of the auditor, with such information to which the Commission or its officers have access, as the auditor considers necessary for that audit. (7) An auditor acting under sub-clause 78(1) must report to each

58 Murray-Darling Basin Act 1996 SCHEDULE (continued) Contracting Government, to the Ministerial Council and to the Commission. Bank accounts 79.(1) The Commission may open and operate such bank accounts with such banks as it sees fit. (2) The Commission must pay all money received by it into an account referred to in sub-clause 79(1). Investment 80.(1) The Commission may invest money not immediately required for the purposes of the Agreement on fixed deposit with such banks as it sees fit. (2) Interest received under sub-clause 80(1) may be— (a) spent by the Commission on items included in the annual or supplementary estimates for the year in which it is received; or (b) applied in accordance with clause 75. (3) Interest received on money contributed by all Contracting Governments, or by a State Contracting Government under clause 81, may be— (a) expended on items in the annual or supplementary estimates for the year in which it is received, to which all Contracting Governments are obliged to contribute under sub-clause 65(2); or (b) applied in accordance with clause 75. (4) Interest received on money contributed only by State Contracting Governments, or by one of them under clause 82, may be— (a) expended on items in the annual or supplementary estimates for the year in which it is received, to which only the State Contracting Governments are obliged to contribute under sub-clause 65(3); or (b) applied in accordance with clause 75.

59 Murray-Darling Basin Act 1996 SCHEDULE (continued) Revenue 81.(1) Any money received by a Contracting Government or a public authority from the use of works subject to this Agreement (other than tolls referred to in clause 82) must be paid to the Commission. (2) The Commission may provide and charge for goods and services incidental to its functions which are not otherwise provided for in this Agreement. (3) Money paid to the Commission under this clause may be— (a) expended on items in the annual or supplementary estimates for the year in which it is received, to which all Contracting Governments are obliged to contribute under sub-clause 65(2); or (b) applied in accordance with clause 75. Tolls 82.(1) Tolls prescribed by the Commission for the use of weirs and locks subject to this Agreement must be collected by the State Contracting Government which operates the weir and lock. (2) Except as provided in sub-clause 82(1), tolls must not be collected in respect of navigation on the River Murray. (3) Any moneys collected under sub-clause 82(1) must be paid to the Commission. (4) Money paid to the Commission under sub-clause 82(3) may be— (a) expended on items in the annual or supplementary estimates for the year in which it is received, to which all State Contracting Governments are obliged to contribute under sub-clause 65(3); or (b) applied in accordance with clause 75. Compensation for damage by works 83. The Contracting Governments must meet, in equal shares, any compensation for damage paid by a Constructing Authority pursuant to an Act approving this Agreement—

87 Murray-Darling Basin Act 1996 SCHEDULE (continued) paragraph 138(3)(a) are deemed to have been spent pursuant to the Agreement for the current financial year; (d) if the commencing day falls between 31 March and 30 June in any year, any estimates sent by the Commission to the Contracting Governments before that day for the next financial year are deemed to be estimates for that next financial year. (4) Clause 80 applies to any interest received by the Commission on fixed deposit in the current financial year. (5) Money of a kind referred to in clause 81 and 82 paid by a Contracting Government in the current financial year is deemed to have been paid under those clauses. (6) The Ministerial Council must determine any other transitional arrangements.

88 Murray-Darling Basin Act 1996 SCHEDULE (continued) SCHEDULE A—WORKS Description of Works DARTMOUTH DAM with a capacity of approximately 4 000 000 megalitres. HUME DAM with a capacity of approximately 3 038 000 megalitres. LAKE VICTORIA WORKS — regulation reservoir with a storage capacity of approximately 700 000 megalitres. Location Nominat ed Government Mitta Mitta River upstream of the town of Da rt m o ut h, north-eastern Victoria. River Murray upstream of the city of Albury, New South Wales. Victoria New South Wales and Victoria, jointly. Lake Victoria, New South Wales connected with main stream of River Murray by Rufus River and Frenchman’s Creek. South Australia. YARRAWONGA WEIR — storage of about 120 000 megalitres. River Murray near the Victoria. town of Yarrawonga, Victoria.

89 Murray-Darling Basin Act 1996 SCHEDULE (continued) WEIR AND LOCKS: Construction of thirteen weirs and locks in the course of the River Murray from its mouth to Echuca, namely: No. 1 Blanchetown No. 2 Waikerie No. 3 Overland Corner No. 4 Bookpurnong No. 5 Renmark No. 6 Murtho No. 7 Rufus River No. 8 Wangumma No. 9 Kulnine No. 10 Wentworth No. 11 Mildura No. 15 Euston No. 26 Torrumbarry River distance from Murray mouth in kilometres. 274 362 431 516 562 620 697 726 765 825 878 1 110 1 368 South Australia South Australia South Australia South Australia South Australia South Australia South Australia South Australia South Australia New South Wales Victoria New South Wales Victoria WEIRS Construction of two weirs in the course of the Murrumbidgee River from its junction with the River Murray to Hay, namely: No. 5 Redbank No. 7 Maude River distance upstream from the Junction with the River Murray in kilometres. 193 New South Wales 290 New South Wales

90 Murray-Darling Basin Act 1996 SCHEDULE (continued) MURRAY MOUTH BARRAGES: Goolwa Mundoo Boundary Ewe Island Tauwitchere Goolwa Channel Mundoo Channel Boundary Creek Channel Ewe Island Channel Tauwitchere Island South Australia South Australia South Australia South Australia South Australia

91 Murray-Darling Basin Act 1996 SCHEDULE (continued) SCHEDULE B—MURRAY DARLING BASIN

92 Murray-Darling Basin Act 1996 SCHEDULE (continued) SCHEDULE C—SALINITY AND DRAINAGE STRATEGY PART 1—INTERPRETATION Purpose 1. The purposes of this Schedule are— (a) to promote works and measures by the Contracting Governments to reduce average salinity in the River Murray at Morgan. (b) to ensure that actions taken under the Agreement do not have a cumulative effect of increasing River Murray salinity. (c) to provide for assessment of the potential and actual impact of works and measures in terms of their salinity effects. (d) to provide a system of salinity credits and debits to allow a State Contracting Government, which has contributed to the cost of works or measures decreasing average salinity costs, to construct works or implement measures which increase average salinity costs within agreed limits. (e) to provide for monitoring of effects of works and measures on River Murray Salinity and the consequential adjustment of salinity credits or debits. Definitions 2. In this Schedule save where inconsistent with the context— “average salinity” means the average salinity of the River Murray calculated in accordance with procedures determined by the Commission from time to time. “average salinity costs” means the average costs to users of water from the River Murray incurred because of the salinity of the water used, as calculated in accordance with procedures determined by the

93 Murray-Darling Basin Act 1996 SCHEDULE (continued) Commission from time to time. “joint proposal” means a proposal for works or measures which are approved for the purposes of this Schedule under clause 50 and “joint works or measures” has a corresponding meaning. “prospective credit” or “debit” is the estimated value of that credit or debit, as determined from time to time, to apply at the declared effective date. “register” means the Register provided for in sub-clause 3(4) of this Schedule. “salinity cost effect” means the increase in average salinity costs resulting from any proposal, work or measure. “salinity credit” means the reduction in average salinity costs resulting from any work or measure attributed to a State Contracting Government pursuant to Part III of this Schedule. “salinity debit” means the increase in average salinity costs resulting from any work or measure attributed to a State Contracting Government pursuant to Part III of this Schedule. “salinity effect” means the increase in the average salinity at Morgan resulting from any proposal, work or measure. “significant effect” means a significant effect on average salinity at Morgan determined pursuant to sub-clause 3(3) of this Schedule. “State proposal” means a proposal for works or measures, other than joint works or measures, to be constructed or implemented by a State Contracting Government for the purposes of this Schedule, and “State works or measures” has a corresponding meaning.

94 Murray-Darling Basin Act 1996 SCHEDULE (continued) PART II—APPROVAL AND EXECUTION OF WORKS AND MEASURES Advice of proposals which may have a significant effect 3.(1) Sub-clause 46(1) applies to all proposals for works or measures which may have a significant effect. (2) If a Contracting Government notifies the Commission of a proposal under sub-clause 3(1) of this Schedule, the Commission must investigate the proposal and decide whether or not it is likely to have a significant effect. (3) The following will be deemed to have a significant effect— (a) all proposals for works or measures which, alone or, where the Commission so determines, in combination with other works or measures nominated by the Commission, may result in an alteration of not less than 0.1 EC in the average salinity at Morgan. (b) any other proposals for works or measures which may result in an alteration of less than 0.1 EC in the average salinity at Morgan which the Commission decides may have a significant effect. (4) If the Commission decides that a proposal is likely to have a significant effect, it must— (a) provisionally designate the proposal as a joint or State proposal; (b) enter the proposal in a Register; and (c) carry out an assessment as required by clause 7 of this Schedule. Other Works constructed or measures implemented after 1 January 1988 4. If the Commission decides that a work constructed or a measure implemented after 1 January 1988, which has not previously been entered in the Register, has a significant effect, it may— (a) designate that work or measure to be either a joint or State work

95 Murray-Darling Basin Act 1996 SCHEDULE (continued) or measure; (b) determine the salinity effect and salinity cost effect of the work or measure and enter them in the Register. Increase in Salinity effect of constructed drains as a result of works constructed or measures implemented before 1 January 1988 5. Any increase in the salinity cost effect of a drain— (a) constructed since 1 January 1988; or (b) affected by any works or change to the management of the water regime since 1 January 1988, will be attributed to the State in which the drain is situated. Provision of information 6.(1) Sub-clauses 50(5), 52(1), 52(2) and 52(3) apply to joint proposals included in the Register. (2) Sufficient information must be supplied by a Contracting Government in regard to all State proposals included in the Register to enable the Commission to assess the salinity effects of such proposals for the purposes of this Schedule. (3) For the purpose of sub-clause 42(2), the State Contracting Government in whose territory a prospective joint proposal would be executed is to be deemed to have consented to the Commission carrying out such surveys, investigations or studies of the desirability, practicability or probable effects of the proposal as the Commission may determine. Commission to evaluate designs and determine salinity costs effects 7. If the Commission is satisfied with the data, methodology, result of feasibility studies, and preliminary designs of any proposal entered in the Register, the Commission— (a) must determine the prospective salinity effect and prospective salinity cost effect of that proposal and enter them in the Register;

96 Murray-Darling Basin Act 1996 SCHEDULE (continued) and (b) may, subject to clause 50, authorise the construction or implementation of any joint proposal. Attribution of salinity credits and salinity debits 8.(1) When any work or measure that reduces average salinity costs (a) is declared effective under clause 58; or (b) if the work or measure is completed in stages, when each stage is declared effective, the Commission must attribute salinity credits arising from that work, measure or stage to State Contracting Governments in accordance with Part III of this Schedule and enter those salinity credits in the Register. (2) Before any work or measure which may increase average salinity costs (a) is commenced; or (b) if the work or measure is to be implemented in stages, before each stage is commenced, the Commission must attribute salinity debits arising from that work, measure or stage to a State Contracting Government in accordance with Part III of this Schedule and enter those salinity debits in the Register. Review of effects of a proposal 9.(1) The Commission may, at any time— (a) decide that a joint proposal should become a State proposal; (b) delete a proposal from the Register. (2) The Commission may, at any time before a proposal is declared effective pursuant to clause 58, re-estimate its salinity effect and salinity cost effect and enter the revised effects in the Register.

97 Murray-Darling Basin Act 1996 SCHEDULE (continued) Initial Program 10. Subject to clause 50, the State Contracting Governments must implement an initial program of cost effective joint works or measures to reduce average salinity at Morgan by 80 E.C. State proposals which increase average salinity costs only to be executed within available salinity credits 11.(1) A Contracting Government must not, and must ensure that any public authority responsible to it does not— (a) construct any works or implement any measures; or (b) permit any works to be constructed or any measures to be implemented which may increase average salinity costs, except in accordance with this Schedule. (2) A Contracting Government must not— (a) construct any works or implement any measures; or (b) permit any works to be constructed or any measures to be implemented which may have a significant effect unless the total prospective salinity debits attributable to that Government and entered in the Register resulting from— (i) both those works and measures, together with (ii) works or measures within the territory of that Contracting Government already undertaken under this Schedule are less than, or equal to— (c) the total accumulated salinity credits attributed to that Government from works or measures already declared effective; or (d) the total prospective salinity credits attributable to that State from all works and measures on the Register, including those not yet declared effective, if the Commission so agrees.

98 Murray-Darling Basin Act 1996 SCHEDULE (continued) (3) A State Contracting Government will not proceed with State works or measures under paragraph 11(2)(b) of this Schedule if the combined salinity cost effect of those works or measures and all other works or measures undertaken under this Schedule and entered in the Register would result in an increase in average salinity costs. Monitoring of works and measures 12.(1) A Contracting Government nominated under clause 50(5) in respect of works or measures must submit a proposed program for monitoring their salinity effects to the Commission. (2) The Commission may approve a proposed monitoring program, with or without amendment, or may refer it for amendment to the Contracting Government submitting it. (3) The Commission may, from time to time, determine procedures for monitoring works or measures approved for the purposes of this Schedule. (4) The Commission may, from time to time, give directions to ensure the efficient monitoring of any works or measures operated or implemented under this Schedule. PART III—ASSESSMENT AND APPORTIONMENT OF SALINITY EFFECTS Assessment techniques 13. The salinity cost effects of any proposal, work or measure must be calculated by using the simulation techniques and benchmark conditions adopted by the Commission from time to time. Determination of Salinity Credits for initial joint works or measures 14.(1) The salinity credits to be attributed to New South Wales and Victoria in respect of any joint works or measures in the initial program

99 Murray-Darling Basin Act 1996 SCHEDULE (continued) referred to in clause 10 of this Schedule which are declared effective under clause 58 shall be calculated as follows— Salinity credits ($) = 15/80 x E Where E = The salinity cost effects of the works or measures. (2) Salinity credits generated under this clause will not be attributed to a State Contracting Government unless that Government has paid all sums thus far required to be paid by it for the initial program of joint works or measures. Determination of Salinity Credits or Debits for other works or measures 15.(1) The salinity credits to be attributed respectively to New South Wales, Victoria or South Australia in respect of any other joint or State works or measures included in the Register which are declared effective in accordance with clause 58 shall be calculated as follows— Salinity credits $ = S/T x E Where S = The amount contributed by that State to the cost of investigating, designing and constructing the works or implementing the measures plus the amount committed by that State to the estimated costs of operating, maintaining and monitoring the effects of those works or measures throughout their effective life. T = the total amount contributed by all States to the costs of investigating, designing, and constructing the works or implementing the measures plus the total amount committed by all States to the estimated costs of operating, maintaining and monitoring the effects of those works or measures throughout their effective life. E = the total salinity cost effects of the works or measures. (2) For the purpose of sub-clause 15(1) of this Schedule, the Commission must estimate the costs of operating, maintaining and monitoring the effects of those works or measures throughout their effective life. (3) The salinity debits to be attributed respectively to New South Wales,

100 Murray-Darling Basin Act 1996 SCHEDULE (continued) Victoria or South Australia in respect of works or measures subject to this clause are the total of the salinity cost effects of those works or measures which have been entered in the Register. Review of salinity cost effects 16. At intervals of not more than five years, or such other period as may be determined by the Commission, the salinity cost effects of all works or measures declared to be effective for the purposes of this Schedule must be calculated, in the light of data produced by the monitoring program for those works or measures and any other relevant data. Revision of salinity credits or debits 17. Whenever the salinity cost effects of any works or measures are altered pursuant to sub-clause 9(2) or clause 16 of this Schedule, the Commission must revise the salinity credits or salinity debits in respect of those works as provided in clauses 14 or 15 of this Schedule as appropriate, and amend the Register accordingly. PART IV—FINANCE Apportionment of costs of joint works and measures 18. The provisions of sub-clause 65(1) and paragraphs 65(2)(f) and (i) and 65(3)(d) apply to all joint works and measures authorised pursuant to this Schedule. Apportionment of costs of State works and measures 19. Subject to sub-clause 20(3) of this Schedule, the Contracting Government nominated under sub-clause 50(5) for any State work or measure must arrange to meet the cost of investigating, designing, constructing, operating, maintaining and monitoring that work or measure.

101 Murray-Darling Basin Act 1996 SCHEDULE (continued) Sharing costs and trading salinity credits 20.(1) Any two or more State Contracting Governments may at any time by Agreement assign any or all of the salinity credits or salinity debits attributed in the Register to a State Contracting Government in respect of a work or measure to another State Contracting Government, on such terms as the parties determine. (2) When the parties to any such Agreement advise the Commission in writing as to its effect, the Commission must attribute the salinity credits or salinity debits in respect of that work or measure in accordance with the effect of that Agreement and must amend the Register accordingly. (3) Any such Agreement may alter the manner in which the costs referred to in clauses 18 or 19 of this Schedule are to be apportioned between the parties to that Agreement.

102 Murray-Darling Basin Act 1996 SCHEDULE (continued) IN WITNESS WHEREOF this Agreement has been respectively signed for and on behalf of the parties on the date first set out above. SIGNED by the Honourable ) PAUL JOHN KEATING , Prime ) Minister of the Commonwealth of Australia ) Paul Keating in the presence of— ) A. De Salis ) ) SIGNED by the Honourable ) NICHOLAS FRANK GREINER , Premier ) of the State of New South Wales, in the ) presence of— ) D. H. Pigott ) ) Nick Greiner SIGNED by the Honourable ) JOAN ELIZABETH KIRNER , Premier ) of the State of Victoria, in the presence of— ) Joan E. Kirner P. E. Kirby ) )

103 Murray-Darling Basin Act 1996 SCHEDULE (continued) SIGNED by the Honourable JOHN CHARLES BANNON , Premier of the State of South Australia, in the presence of— C. B. Schonfeldt ) ) ) ) J. C. Bannon ) 13 May 1992 )

104 Murray-Darling Basin Act 1996 SCHEDULE (continued) SCHEDULE D—APPLICATION OF AGREEMENT TO QUEENSLAND Queensland to be a Contracting Party 1. The State of Queensland shall become a party to the Agreement on the terms set out in this Schedule. Application of Agreement to Queensland 2. The provisions of the Agreement apply to the State of Queensland except— (a) for those provisions declared not to apply by this Schedule; and (b) to the extent that provisions are modified by this Schedule; and (c) where the Ministerial Council or the Commission determines that a provision does not apply pursuant to clause 4. Provisions not applying to Queensland 3.(1) Parts X, XI and XII of the Agreement do not apply to the State of Queensland. (2) Schedule C of the Agreement does not apply to the State of Queensland unless and until the Ministerial Council decides otherwise. (3) Insofar as any provision of the Agreement bears on a matter set out in clause 3(4), that provision does not apply to the State of Queensland. (4) Clause 3(3) applies to— (a) any issue concerning the design, execution, construction, funding, operation, maintenance, alteration or replacement of any works, measures, policies or strategies solely associated with the management of the upper River Murray and the River Murray in South Australia. (b) any liability of the Commission, any Commissioner or Deputy Commissioner, any officer of the Commission, any Contracting

105 Murray-Darling Basin Act 1996 SCHEDULE (continued) Government or any Constructing Authority in respect of: (i) any matter referred to in clause 3(4)(a); or (ii) any matter arising under a provision of the Agreement which the Ministerial Council or Commission has determined does not apply to the State of Queensland under clause 4. Powers of Ministerial Council and Commission to make Determinations 4.(1) The Ministerial Council or the Commission, as the case may be, may— (a) determine that a provision of the Agreement does not apply to the © State of Queensland, either generally or in relation to a particular matter or class of matters; and (b) revoke any such determination made by it. (2) The Ministerial Council may, at any time, direct that any determination made by the Commission under sub-clause 4(1) is to be deemed to have been— (a) revoked; or (b) altered in any way directed by the Ministerial Council. (3) The Commission must give effect to any determination made by the Ministerial Council under sub-clause 4(1). Factors to be considered by Ministerial Council or Commission 5.(1) In making a determination under sub-clause 4(1)(a), the Ministerial Council or the Commission must apply the guidelines set out in this clause, unless the Ministerial Council or the Commission, as the case may be, determines otherwise. (2) A provision should apply to the State of Queensland if— (a) issues arising under that provision are likely to cause a significant benefit or a significant detriment to Queensland;

106 Murray-Darling Basin Act 1996 SCHEDULE (continued) (b) any decisions or actions taken within Queensland without reference to that provision might cause significant benefit or significant detriment to any part of the Murray-Darling Basin within Queensland; (c) the Government of Queensland has incurred or may incur any financial obligation as a result of that provision. (3) A provision should not apply to the State of Queensland if issues arising under that provision are only likely to concern that portion of the Murray-Darling Basin delineated in red in the plan comprising the Annexure to this Schedule. Quorum where provisions do not apply to Queensland 6.(1) The quorum of the Ministerial Council for— (a) debating any issue; or (b) considering or making any resolution on an issue, related to any provision which does not apply, in whole or in part, to Queensland by virtue of this Schedule does not include any Minister from the Government of Queensland. (2) The text of any resolution relating to such an issue and for which approval is sought under clause 13 of the Agreement need not be referred to or approved by any Minister from the Government of Queensland. (3) The quorum of the Commission for— (a) debating any issue; or (b) considering or making any resolution on an issue, related to any provision which does not apply, in whole or in part, to Queensland by virtue of this Schedule does not include any Commissioner from the State of Queensland. (4) The text of any resolution relating to such an issue and for which approval is sought under clause 33 of the Agreement need not be referred to or approved by any Commissioner from the State of Queensland before the resolution is made.

107 Murray-Darling Basin Act 1996 SCHEDULE (continued) Application of previous Ministerial Council decisions to Queensland 7.(1) The Ministerial Council may affirm that any policy, determination or decision of the Ministerial Council applies to the State of Queensland. (2) Any such policy, determination or decision shall apply to the State of Queensland in whole or in part, or with such modification, as the Ministerial Council decides. (3) This clause applies only to policies, determinations or decisions made by the Ministerial Council between 27 August 1986 and the first meeting of the Ministerial Council after this Schedule comes into force. (4) Any policy, determination or decision referred to in clause 7(3) which is not affirmed by the Ministerial Council under clause 7(1) does not apply to Queensland.

108 Murray-Darling Basin Act 1996 SCHEDULE (continued) Annexure to Schedule D of Murray-Darling Basin Agreement

109 Murray-Darling Basin Act 1996 SCHEDULE (continued) IN WITNESS WHEREOF this agreement, incorporating Schedule D, had been signed for and on behalf of the State of Queensland on this Sixteenth day of May One thousand nine hundred and ninety six. SIGNED by the Honourable ) ) ROBERT EDWARD BORBIDGE , Premier ) ) of the State of Queensland in the presence of ) ) S. Dark ) ) Robert Borbidge

110 Murray-Darling Basin Act 1996 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Murray-Darling Basin Act 1996 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 ´ AIA amd ch def div exp gaz hdg ins lap notfd om o in c p para prec pres prev = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered

111 Murray-Darling Basin Act 1996 ´ 4 List of legislation Murray-Darling Basin Act 1997 No. 78 date of assent 12 December 1996 commenced on date of assent © State of Queensland 1997