Murray-Darling Basin Agreement Act 2007 (ACT)

Murray-Darling Basin Agreement Act 2007 (repealed)   

A2007-36

Republication No 2

Effective:  18 December 2009

Republication date: 18 December 2009

As repealed by A2009-49 sch 4 pt 4.2

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Murray-Darling Basin Agreement Act 2007 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 18 December 2009.  It also includes any amendment, repeal or expiry affecting the republished law to 18 December 2009. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Murray-Darling Basin Agreement Act 2007 (repealed)

Contents

Page

Part 1Preliminary

1. Name of Act  2

2. Dictionary  2

3. Terms used in Murray-Darling Basin Agreement  2

4. Notes  2

Part 2The commission, agreement and commissioners

1. Approval of agreement  3

2. Functions of commission  3

3. Commissioners—appointment  3

4. Ending appointment  4

Part 3General

1. Supreme Court  5

2. Exemption from taxes and charges  5

3. Evidence  5

4. Tabling of certain documents  6

5. Accession by new parties  6

6. Regulation-making power  6

Schedule 1Murray-Darling Basin Agreement  7

Schedule 2Murray-Darling Basin Agreement Amending Agreement 2006      271

Dictionary294

Endnotes

1. About the endnotes  295

2. Abbreviation key  295

3. Legislation history  296

4. Amendment history  296

5. Earlier republications  296

Murray-Darling Basin Agreement Act 2007 (repealed)

An Act to approve and provide for carrying out an agreement entered into between the Commonwealth, New South Wales, Victoria, Queensland, South Australia and the Australian Capital Territory with regard to the water, land and other environmental resources of the Murray-Darling Basin, and for other purposes

Part 1Preliminary

1. Name of Act

   This Act is the Murray-Darling Basin Agreement Act 2007.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act.

   Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Terms used in Murray-Darling Basin Agreement

   A term used in the agreement has the same meaning in this Act.

4. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2The commission, agreement and commissioners

1. Approval of agreement

   The agreement is approved.

2. Functions of commission

   The commission has the functions given to it under the agreement.

   NoteA provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

3. Commissioners—appointment

   (1)For the agreement, schedule H, clause 8, the executive must appoint the following (each of whom is a territory member):

   (a)a commissioner;

   (b)2 deputy commissioners.

   Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

   Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

   (2)A territory member must not be appointed for longer than 5 years.

   NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

   (3)The conditions of appointment of a territory member are the conditions agreed between the Executive and the member, subject to any determination under the Remuneration Tribunal Act 1995.

4. Ending appointment

   (1)The Executive may end the appointment of a territory member—

   (a)if the member contravenes a territory law; or

   (b)for misbehaviour; or

   (c)if the member becomes bankrupt or executes a personal insolvency agreement; or

   (d)if the member is convicted, in the ACT, of an offence punishable by imprisonment for at least 1 year; or

   (e)if the member is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year.

   (2)The Executive must end the member’s appointment—

   (a)if the member is absent, other than on approved leave, for 14 consecutive days or for 28 days in any 12-month period; or

   (b)for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions.

   NoteA member’s appointment also ends if the member resigns (see Legislation Act, s 210).

Part 3General

1. Supreme Court

   (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 Territory and the commissioners were Territory officers.

   (2)If a court of the Commonwealth or a 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.

2. Exemption from taxes and charges

   (1)A rate, tax, charge or fee is not payable under an Act for an act or thing done by or for the commission.

   (2)This section has effect despite any other Act.

3. Evidence

   (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.

4. Tabling of certain documents

   The Minister must present each of the following documents to the Legislative Assembly not later than 6 sitting days after the day the Minister receives the document:

   (a)a report or statement given to the Ministerial Council of the commission under the agreement, clause 84 (Preparation of Reports);

   (b)a schedule approved under the agreement, clause 50 (Authorisation of Further Works or Measures).

5. Accession by new parties

   (1)If the Ministerial Council approves a schedule under the agreement, clause 134 (Accession by New Parties) for another State to become a party to the agreement, the Minister must present a copy of the schedule to the Legislative Assembly not later than 15 sitting days after the day the Ministerial Council approves the schedule.

   (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 clause 134.

6. Regulation-making power

   The Executive may make regulations for this Act.

   NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Schedule 1Murray-Darling Basin Agreement

(see dict, def agreement)

MURRAY-DARLING BASIN AGREEMENT

June 2006

ARRANGEMENT OF CLAUSES

Clause  

PART I ¾ INTERPRETATION

1. Purpose  

2. Definitions  

3. Interpretation  

PART II ¾ APPROVAL AND ENFORCEMENT

1. Substitution  

2. Approval  

3. Submission to Parliament  

4. Parties to Provide for Enforcement of Agreement and Acts  

PART III ¾ THE MINISTERIAL COUNCIL

1. Constitution of Ministerial Council  

2. Functions of the Ministerial Council  

3. Ministerial Council May Direct Commission  

4. Ministerial Council May Require Commission to Report  

5. Proceedings of the Ministerial Council  

6. Resolutions Other than at Meetings  

7. Appointment of Committees  

8. Nomination of Responsible Minister  

PART IV ¾ THE COMMISSION

1. Constitution

2. Functions and Powers of the Commission  

3. Composition of Commission  

4. Declaration of Interests  

5. Appointment of President, Deputy President, Commissioners and
            Deputy Commissioners  

6. Terms of Appointment  

7. Continuation in Office  

8. When Deputy President or Deputy Commissioner may Act  

9. Powers and Duties of the President  

10. Powers of Commissioners  

11. Conditions of Appointment and Remuneration of the President  

12. Remuneration of Commissioners and Deputy Commissioners  

13. Removal from Office  

14. Resignation  

15. Vacancies  

16. Validity of Proceedings  

17. Meetings of the Commission  

18. Resolutions Other than at Meetings  

19. Delegation  

20. Appointment of Committees  

21. Employees of the Commission  

22. Employment of Officers in Public Service or in Statutory Authorities            

23. Liability for Acts of Commissioners and Officers  

PART V ¾ INVESTIGATION, MEASUREMENT AND MONITORING

1. Investigations and Studies  

2. Monitoring  

3. Measurements of Water Quantity and Quality  

4. Need for Approval in Certain Cases  

5. Power to Arrange Data in Lieu  

6. Water Quality Objectives  

7. Recommendations re Water Quantity and Quality  

8. Commission to be Informed of New Proposals  

9. Environmental Assessment  

10. Protection of Catchment of Hume Reservoir  

PART VI ¾ CONSTRUCTION, OPERATION AND MAINTENANCE OF WORKS

1. Works and Measures Subject to the Agreement  

2. Authorisation of Further Works or Measures  

3. Ancillary, Preventative and Remedial Works  

4. Preparation and Submission of Designs, etc. of Works for Commission
            Approval  

5. Submission of Details of Measures for Commission Approval  

6. Commission and Ministerial Council Approval of Certain Tenders                

7. Directions for the Efficient Construction etc of Works  

8. States to Facilitate Construction and Operation Within their Territories         

9. Works for benefit of State Contracting Governments  

10. Declaration that Works or Measures are Effective  

11. Maintenance of Works  

12. Procedures for Operation of Works  

13. Dredging and Snagging  

14. Operation of Works  

15. Performance of Joint Duties  

16. Ineffective Works  

PART VII ¾ FINANCE

1. Apportionment of Costs  

2. Financial Year  

3. Annual and Forward Estimates  

4. Supplementary Estimates  

5. Payments by Contracting Governments  

6. Proper Accounts to be Kept  

7. Commission to Account  

8. Application of Moneys by Commission  

9. Payments by Commission to Constructing Authorities  

10. Contracting Governments to Account  

11. Unexpended Balances  

12. List of Assets  

13. Disposal of Surplus Assets  

14. Audit  

15. Bank Accounts  

16. Investment  

17. Revenue  

18. Tolls  

19. Compensation for Damage by Works  

PART VIII ¾ REPORTS

1. Preparation of Reports  

PART IX ¾ PROCEEDINGS IN DEFAULT

1. Failure to Perform Works or Contribute Cost  

PART X ¾ DISTRIBUTION OF WATERS
Division 1 ¾ State Entitlements to Water

1. South Australia's Monthly Entitlement  

2. Measurement of South Australia's Entitlement  

3. Variation of South Australia's Entitlements  

4. Use of Lake Victoria  

5. Surplus Flow to South Australia  

6. Entitlements of New South Wales and Victoria  

7. New South Wales' Entitlement to Water from Menindee Lakes  

8. New South Wales' and Victoria's Supply to South Australia  

9. Limitations on Use by New South Wales and Victoria  

Division 2 ¾ Control by Commission

1. Commission's Role in Operation of Storages  

2. Limitation on Menindee Lakes Operation  

3. Procedures for Dartmouth Dam Operation  

4. Water Estimated to be Under the Control of the Commission  

5. Available Water  

6. Minimum Reserve  

7. Use of State Works to Convey Murray Water  

Division 3 ¾ Water Accounting

1. General  

2. Allocation of Water to New South Wales and Victoria  

3. Allocation of Water in Menindee Lake Storage  

4. Tributary Inflows  

5. Use by New South Wales and Victoria of Allocated Water  

6. [Deleted]

7. Losses  

8. New South Wales' and Victoria's Supply to South Australia  

9. Commencement of Continuous Accounting of Carryover of Stored Water    

10. Reallocation of Water Between New South Wales and Victoria  

11. [Deleted]

12. Efficient Regulation of the Murray River  

13. Accounting Procedures  

14. Internal Spills  

15. Accounting for Spill from Storages  

16. Accounting for Releases from Dartmouth Reservoir  

17. Accounting for Releases from Hume Reservoir  

18. Accounting for Releases from Menindee Lakes Storage  

19. Reallocation of Water in Menindee Lakes Storage  

20. Accounting for Dilution Flows  

Division 4 ¾ Periods of Special Accounting

1. Declaration of Periods of Special Accounting  

2. Variation of Navigation Depths During Restrictions  

3. Special Accounts to be Kept  

4. Imbalance in Use  

5. Limits on Imbalance in Use  

6. Restrictions on South Australia's Entitlement  

7. Termination of Periods of Special Accounting  

PART XI ¾ MENINDEE LAKES STORAGE

1. Maintenance of Menindee Lakes Storage  

2. Full Supply Levels  

3. Financial Contributions of Commission  

PART XII ¾ EFFECT OF SNOWY SCHEME

1. Effect of Snowy Scheme  

PART XIII ¾ MISCELLANEOUS

1. Resolution of Disputes  

2. Accession by New Parties  

3. Proposals to Amend Agreement  

4. Giving Information to the Commission  

5. Authorities to Observe Agreement  

6. Transitional Provisions  

SCHEDULE   A  ¾  Works  

SCHEDULE   B  ¾  Murray-Darling Basin  

SCHEDULE   C  ¾  Basin Salinity Management  

SCHEDULE   D  ¾  Application of Agreement to Queensland  

SCHEDULE   E  ¾  Transferring Water Entitlements and Allocations           

SCHEDULE   F  ¾  Cap on Diversions  

SCHEDULE   G  ¾  Effect of Snowy Scheme  

SCHEDULEH  ¾  Application of Agreement to Australian Capital Territory

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 Agreements of the 30th day of October 1987 and the 4th day of October 1990, each of which was subsequently approved by the Parliament of each party:

NOW IT IS HEREBY AGREED by the parties to this Agreement as follows -

PART I ¾ 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

1. In this Agreement save where inconsistent with the context:

   "annual estimates" means estimates prepared under paragraph 67(1)(a).

   "Commission" means the Murray-Darling Basin Commission.

   "Commissioner for the Commonwealth" means a Commissioner appointed by the Governor-General pursuant to clause 20.

   "Commissioner for New South Wales" means a Commissioner appointed by the Governor of New South Wales pursuant to clause 20.

   "Commissioner for South Australia" means a Commissioner appointed by the Governor of South Australia pursuant to clause 20.

   "Commissioner for Victoria" means a Commissioner appointed by the Governor of Victoria pursuant to clause 20.

   "Commonwealth auditor" means the Auditor-General of the Commonwealth or such other person as may be appointed by the Governor-General for the purpose of carrying out the inspection and audit referred to in paragraph 78(1)(a).

   "Contracting Government" means any of the Governments of the Commonwealth, New South Wales, Victoria, South Australia and of any other State becoming a party pursuant to clause 134.

   "Constructing Authority" means -

   (a)       the Contracting Government by which

   (i)any works authorised by this Agreement or the former Agreement have been, or are being, or are to be constructed;

   (ii)any measures authorised 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.

   "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; and

   (c)any interest, right or privilege in, over or affecting any land.

   "maintenance" includes the execution of all work of any description which is necessary to keep an existing work in the state of utility in which it was upon:

   (a)its original completion; or

   (b)the completion of any improvement thereto or replacement thereof,

   but does not include -

   (i)the execution of any improvement to the design or function of that work; or

   (ii)the replacement of the whole of that work; or

   (iii)work to remedy the extraordinary failure of part or all of that work.

   "major storages" means Lake Victoria, the Menindee Lakes Storage and the storages formed by Dartmouth Dam and Hume Dam.

   "measures" includes strategies, plans and programs.

   "minimum operating level" means the water level in a storage, as determined from time to time by the Commission, below which water must not be released.

   "Ministerial Council" means the Ministerial Council established by Part III.

   "Murray-Darling Basin" means so much of the area within the boundaries of the map shown in  Schedule B as forms part of the territory of the Contracting Governments.

   “natural flow” means the quantity of water that would have flowed in a river past a particular point in a particular period but for the effect during that period of diversions to or from, and impoundments on, the river upstream of that point.

   "officer" means a person employed by the Commission under paragraph 36(a).

   "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; or

   (b)a rate of 4% per annum above the rate payable on Commonwealth securities of the longest term offered for public subscription in Australia for the Commonwealth cash loan opened next before the time a payment becomes due.

   "President" means the President of the Commission appointed under sub-clause 20(1).

   "public authority" means a body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth or a State and includes any local government body.

   "regulated flow" is the flow resulting from the release of stored water at the direction of the Commission other than during, or in anticipation of, floods.

   "reserve" means water available for release from major storages at the direction of the Commission.

   "river" and "tributary" respectively include any affluent, effluent creek, anabranch or extension of, and any lake or lagoon connected with, the river or tributary.

   "State" means the State of New South Wales, the State of Victoria, the State of South Australia or any State becoming a party pursuant to clause 134.

   "State auditor" means a person appointed by the Governor of any of New South Wales, Victoria, South Australia and of any State becoming a party pursuant to clause 134, for the purpose of carrying out the inspection and audit referred to in paragraph 78(1)(b).

   "State Contracting Government" means any of the Governments of New South Wales, Victoria, South Australia, or of any State becoming a party pursuant to clause 134.

   "stored water" means water stored in or by:

   (a)any of the works described in Schedule A; and

   (b)subject to sub-clause 92(1), the Menindee Lakes Storage; and

   (c)any of the works for storing water authorised under clause 50.

   "supplementary estimates" means estimates prepared under sub-clause 68(1).

   "upper River Murray" means the aggregate of:

   (a)the main course of the River Murray upstream of the eastern boundary of the State of South Australia;

   (b)all tributaries entering that part of the main course upstream of Doctors Point;

   (c)all effluents and anabranches of  that part of the main course, other than those excepted by the Commission;

   (d)the watercourses connecting Lake Victoria to that main course;

   (e)the Darling River downstream of the Menindee Lakes Storage; and

   (f)the upper River Murray storages.

   "upper River Murray storages" means Lake Victoria, the Menindee Lakes Storage, the storages formed by Dartmouth Dam and Hume Dam and by those weirs, and weirs and locks, described in Schedule A which are upstream of the eastern boundary of South Australia.

   "water available for release at the direction of the Commission" means water which can physically be released from a storage if the Commission so directs, other than water which must not be released because of sub-clause 96(1).

   "weir" includes:

   (a)a weir and lock; and

   (b)a barrage in any of the channels at or near the mouth of the River Murray.

Interpretation

1. (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; and

   (f)a reference to the President includes the Deputy President when acting as President.

   (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 ¾ APPROVAL AND ENFORCEMENT

Substitution

1. Except as otherwise provided in this Agreement, this Agreement replaces the former Agreement.

Approval

1. 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

1. The Contracting Governments hereby agree:

   (a)to submit for the approval of the respective Parliaments of the Commonwealth of Australia and of the States -

   (i)this Agreement,

   (ii)any amendment to this Agreement which may be agreed to by the Ministerial Council from time to time (other than an amendment to or addition of a Schedule to this Agreement),

   (iii)any legislation necessary to give effect to this Agreement or any Amendment to this Agreement;

   as soon as practicable after such agreement is reached; and

   (b)to lay before the House or Houses of the respective Parliaments of the Commonwealth and of the States, any Schedule to this Agreement approved by the Ministerial Council from time to time under clause 50 or clause 134.

Parties to Provide for Enforcement of Agreement and Acts

1. 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 ¾ THE MINISTERIAL COUNCIL

Constitution of Ministerial Council

1. (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 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

1. 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

1. 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

1. The Ministerial Council may require a report from the Commission on any of the Commission's operations.

Proceedings of the Ministerial Council

1. (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

1. (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.

   (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

1. (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

1. The Prime Minister and the Premier of each other Contracting Government shall from time to time each nominate one of the Ministers representing it on the Ministerial Council to be the Minister responsible to the Ministerial Council for the responses of that Minister's government.

PART IV ¾ THE COMMISSION

Constitution

1. (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

1. (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; and

   (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 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; and

   (b)to acquire, hold, deal with or dispose of property,

   for the purpose of performing its functions and exercising its powers.

Composition of Commission

1. The Commission shall consist of the President and the Commissioners appointed pursuant to clause 20.

Declaration of Interests

1. (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.

Appointment of President, Deputy President, Commissioners and Deputy Commissioner

1. (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

1. (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

1. 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

1. (1)  Whenever:

   (a)the President is -

   (i)absent from Australia or from duty, or

   (ii)unable for any reason to attend a meeting of the Commission, or

   (iii)otherwise unable to perform the duties of the President, or

   (b)there is a vacancy in the office of the President,

   the Deputy President shall act in the place of the President, and while so acting, shall have all the powers and perform all the duties of the President.

   (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

1. (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; and

   (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:

   (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

1. Except as provided in this Agreement or any Schedule, Commissioners have equal powers.

Conditions of Appointment and Remuneration of the President

1. (1)  The Ministerial Council may, from time to time:

   (a)determine the terms of employment or engagement and remuneration of the President; and

   (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

1. Each Commissioner or Deputy Commissioner shall be paid by the Contracting Government by whose Governor-General or Governor (as the case may be) the Commissioner or Deputy Commissioner has been appointed such remuneration, allowances or expenses (if any) as shall be determined by or under any applicable law, or, in the absence of such law, by that Contracting Government.

Removal from Office

1. (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

1. (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

1. (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 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

1. 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

1. (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.

Resolutions Other than at Meetings

1. (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; and

   (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

1. (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 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

1. (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

1. 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; and

   (e)provide for the superannuation of people employed by it.

Employment of Officers in Public Service or in Statutory Authorities

1. (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 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

1. (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 ¾ INVESTIGATION, MEASUREMENT AND MONITORING

Investigations and Studies

1. (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 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; and

   (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; and

   (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;

   (b)consider any submissions made by that or any other Contracting Government, or public authority; and

   (c)report to the Ministerial Council on any such submissions and the result of the Commission's consideration thereof.

Monitoring

1. 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, and

   (ii)the effect of groundwater on water, land and other environmental resources.

Measurements of Water Quantity and Quality

1. The Commission must establish, maintain and operate an effective and uniform system:

   (a)for making and recording continuous measurements of -

   (i)the flow of the River Murray, and tributaries of the River Murray within the boundaries of each State, and

   (ii)the volume of stored water,

   at such locations as the Commission deems necessary to determine the volume of the intake from the several portions of the drainage area of the River Murray, the flow at selected locations along the River Murray and the losses from selected reaches of the River Murray, with their positions and modes of occurrence;

   (b)for making and recording continuous measurements of all diversions, whether natural or artificial, or partly natural and partly artificial, from the River Murray and its tributaries; and

   (c)for measuring and monitoring the quality of -

   (i)River Murray water,

   (ii)water in tributaries of the River Murray at such locations at or near the confluence of each of those tributaries with the River Murray as the Commission, after consultation with the appropriate authorities of each of the Contracting Governments, deems necessary, and

   (iii)stored water.

Need for Approval in Certain Cases

1. (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; and

   (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

1. Instead of establishing, maintaining or operating systems and means referred to in clauses 40 and 41, the Commission may:

   (a)adopt the results of any measurements or monitoring made by any Contracting Government; or

   (b)request a State Contracting Government to carry out any monitoring or measurement within its territory in such manner as the Commission considers necessary.

Water Quality Objectives

1. 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

1. 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

1. (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

   (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

   (c)the criteria to be used in assessing those proposals to which sub-clause 46(1) applies.

   (4)  Despite sub-clause 46(3), sub-clauses 46(1) and 46(2) apply to any proposal referred to in clause 24 of Schedule G.

Environmental Assessment

1. 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

1. (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

   (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 ¾ CONSTRUCTION, OPERATION AND MAINTENANCE OF WORKS

Works and Measures Subject to the Agreement

1. Works or measures from time to time included in a Schedule to this Agreement or authorised pursuant to clause 50 must be constructed, operated, maintained or implemented (as the case may require) in accordance with the provisions of this Agreement and any Acts approving the same.

Authorisation of Further Works or Measures

1. (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; and

   (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 sub-clause 50(1) in a Schedule to the Agreement; and

   (b)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

1. (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.

Preparation and Submission of Designs etc of Works for Commission Approval

1. (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

1. (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; and

   (c)proposed arrangements for sharing the costs of implementing the 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

1. (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

1. (1)  The Commission may give directions to ensure:

   (a)the efficient construction, operation, maintenance and required performance of any work; and

   (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:

   (a)if necessary, what shall be regarded as construction or maintenance for the purpose of clause 65; and

   (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

1. 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

1. (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.

   (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

1. 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

1. A Contracting Government nominated to construct a work pursuant to this or the former Agreement must maintain it and keep it effective for its original purpose, unless it has been declared ineffective pursuant to clause 64.

Procedures for Operation of Works

1. 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

1. (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

1. (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.

   (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

1. 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

1. (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 ¾ FINANCE

Apportionment of Costs

1. (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:

   (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 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

1. The financial year of the Commission is from 1 July to 30 June.

Annual and Forward Estimates

1. (1)  The Commission must prepare:

   (a)detailed annual estimates of its known and anticipated expenditure for the next financial year; and

   (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:

   (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

1. (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

1. (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.

Proper Accounts to be Kept

1. 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; and

   (d)the incurring of liabilities by the Commission is adequately controlled.

Commission to Account

1. 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

1. (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 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

1. (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

1. Each Contracting Government and any public authority must account to the Commission for all moneys received from the Commission under this Agreement.

Unexpended Balances

1. (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

1. (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.

Disposal of Surplus Assets

1. (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

1. (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 Contracting Government, to the Ministerial Council and to the Commission.

Bank Accounts

1. (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

1. (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.

Revenue

1. (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

1. (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

1. The Contracting Governments must meet, in equal shares, any compensation for damage paid by a Constructing Authority pursuant to an Act approving this Agreement:

   (a)caused or arising from anything done by it in constructing, operating or maintaining any works or executing any measures provided for in this Agreement; and

   (b)which has not been met or contributed to by the Commission under paragraph 51(1)(c).

PART VIII ¾ REPORTS

Preparation of Reports

1. (1)  As soon as practicable after the end of each financial year, the Commission must send to the Ministerial Council:

   (a)a report on -

   (i)the proceedings and activities of the Commission for that year,

   (ii)the extent to which the objectives, policies or plans of the Commission have been achieved or realised in that year, and

   (iii)the objectives, policies or plans of the Commission for future years; and

   (b)its audited financial statements for that year.

   (2)  The Commission may send the report referred to in paragraph 84(1)(a) and its financial statements for any year to the Ministerial Council at the same time or at different times.

   (3)  The Commission must send its financial statements to the Commonwealth auditor.

   (4)  The Commonwealth auditor must report to the Ministerial Council:

   (a)whether, in the auditor's opinion, the statements are based on proper accounts and records;

   (b)whether the statements are in agreement with the accounts and records;

   (c)whether, in the auditor's opinion, the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Commission during the year have been in accordance with this Agreement; and

   (d)as to such other matters arising out of the statements as the Commonwealth auditor considers should be reported to the Ministerial Council.

PART IX ¾ PROCEEDINGS IN DEFAULT

Failure to Perform Works or Contribute Cost

1. (1)  The Commission must immediately notify the Ministerial Council and each other Contracting Government if any Contracting Government fails, after being so required by the Commission to:

   (a)do anything in relation to any works or measures; or

   (b)pay any money to the Commission,

   which it is obliged to do or pay under this Agreement.

   (2)  The Commission may authorise one or more of the Contracting Governments which is not in default wholly or partly to make good any failure which relates to:

   (a)the construction, operation or maintenance of any works;

   (b)the carrying on of any operation; and

   (c)the implementation of any measures.

   (3)  A Contracting Government authorised by the Commission under sub-clause 85(2):

   (a)may enter the territory of the defaulting Contracting Government to do whatever it has been authorised to do by the Commission;

   (b)shall be deemed to have all powers, licences and permissions as are required from the defaulting Contracting Government to do whatever it has been authorised to do by the Commission;

   (c)shall be deemed to have all the rights and powers of a Constructing Authority, including the right to receive any payment due under clause 73, in respect of whatever it has been authorised to do by the Commission; and

   (d)may, in a court of competent jurisdiction, recover, as a debt due from the defaulting Contracting Government, all money reasonably expended by it in doing whatever it has been authorised to do by the Commission and which has not been paid to it by the Commission by virtue of the right conferred by paragraph 85(3)(c), together with interest at the prescribed rate.

   (4)  A defaulting Contracting Government shall once more be deemed to be the Constructing Authority when:

   (a)any failure referred to in paragraph 85(1)(a) has been made good; and

   (b)it has paid all money payable by it under paragraph 85(3)(d).

   (5)  Unless the Commission decides otherwise in any particular case, a Contracting Government which fails to pay money due under clause 69 to the Commission by the due date is liable to pay interest on any outstanding balance at the prescribed rate.

   (6)  Any other Contracting Government:

   (a)may pay the outstanding balance owed by a Contracting Government under clause 69, together with interest at the prescribed rate; and

   (b)may recover the amount so paid in a court of competent jurisdiction as a debt due from the defaulting Contracting Government.

   (7)  Any interest paid to the Commission in respect of outstanding amounts due under sub-clause 65(2) must be paid to the Contracting Governments not in default in equal shares.

   (8)  Any interest paid to the Commission in respect of outstanding amounts due under sub-clause 65(3) must be paid to the State Contracting Governments not in default in equal shares.

   (9) Any interest payable under this clause shall be calculated from the due date to the date of actual payment.

Australian Capital Territory to be a contracting party

1. The Australian Capital Territory shall become a party to the Agreement on the terms set out in this Schedule.

Application of Agreement to the Australian Capital Territory

1. The provisions of the Agreement apply to the Australian Capital Territory 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 6 of this Schedule.

2. For the purposes of this Schedule, a reference in clause 3 or 13 of Schedule C to "Queensland" or "the State of Queensland" must be taken as including a reference to the Australian Capital Territory.

Provisions not applying to the Australian Capital Territory

1. (1)       Parts X, XI and XII of the Agreement do not apply to the Australian Capital Territory.

   (2)Sub-clauses 38(1) and 38(3) of the Agreement only apply to the Australian Capital Territory in respect of an act, omission or loss incurred in relation to the bona fide execution of powers:

   (a)in or related to the Australian Capital Territory; or

   (b)under a provision of the Agreement as it applies to the Australian Capital Territory.

   (3)Insofar as any provision of the Agreement bears on any of the following matters, it does not apply to the Australian Capital Territory:

   (c)Any matter 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 River Murray and River Murray in South Australia.

   (d)Any liability of the Commission, any Commissioner or Deputy Commissioner, any officer of the Commission, any Contracting Government or any Constructing Authority in respect of:

   (i)any matter referred to in paragraph 5(3)(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 Australian Capital Territory under clause 6 or clause 10.

   [Explanatory note:  The parties intend that the Australian Capital Territory should not be involved in, contribute financially towards, or incur any liability resulting from, the water management activities of River Murray Water or similar activities by or for the Ministerial Council under that Intergovernmental Agreement.  On the other hand, the parties do intend that the Australian Capital Territory should be involved in, contribute financially towards and may incur liabilities resulting from, the Living Murray Initiative except to the extent that such liabilities are otherwise negated by the Agreement including this Schedule H and the Intergovernmental Agreement on Addressing Water Overallocation and Achieving Environmental Objectives in the Murray-Darling Basin dated 25 June 2004 and the Living Murray Business Plan.]

   (4)Nothing in the Agreement requires the Australian Capital Territory:

   (e)to contribute to the costs of or associated with remedying, any actual or anticipated damage referred to in paragraph 51(1)(c) of the Agreement; or

   (f)to meet any compensation for damage paid under clause 83 of the Agreement,

   except where the Australian Capital Territory has contributed to the construction, maintenance or operation expenses of the works to which the costs or compensation relate.

Powers of Ministerial Council and Commission to make determinations

1. (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 Australian Capital Territory, either generally or in relation to a particular matter or class of matter; 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 paragraph 6(1)(a) is deemed to have been:

   (c)revoked; or

   (d)altered in any way directed by the Ministerial Council.

   (3)The Commission must give effect to any determination made by the Ministerial Council under paragraph 6(1)(a).

Factors to be considered by Ministerial Council or Commission

1. (1)       In making a determination under sub-clause 6(1) or 6(2), the Ministerial Council or the Commission must apply the guidelines set out in subclause 7(2), unless the Ministerial Council or the Commission, as the case may be, determines otherwise.

   (2)A provision should not apply to the Australian Capital Territory unless:

   (a)issues arising under that provision are likely to cause a significant benefit or a significant detriment to the Australian Capital Territory; or

   (b)any decisions or actions taken within the Australian Capital Territory without reference to that provision might cause significant benefit or significant detriment to any part of the Murray-Darling Basin within the Australian Capital Territory; or

   (c)the Government of the Australian Capital Territory has incurred or may incur any financial obligation as a result of that provision.

Australian Capital Territory appointments

1. (1)       The reference in clause 15 of the Agreement to "the Premier of each other Contracting Government" shall be taken to include a reference to the Chief Minister of the Australian Capital Territory.

   (2)Sub-clause 20(2) of the Agreement shall not apply to the Australian Capital Territory.  Instead, the Executive of the Australian Capital Territory shall appoint one Commissioner who represents water, land and environmental resource management and two Deputy Commissioners who, between them, represent water, land and environmental resource management.

   (3)For the purposes of this Schedule, a reference in sub-clause 28(3), 29(3), 29(4), 30(2) and 38(2) of this Agreement to the Governor of a State shall be taken to be a reference to the Executive of the Australian Capital Territory.

Quorum where provisions do not apply to the Australian Capital Territory

1. (1)       The quorum of the Ministerial Council for debating any issue, or considering or making any resolution on an issue, related to:

   (a)any provision of the Agreement; or

   (b)to any policy, determination or decision of the Ministerial Council,

   (c)which does not apply, in whole or in part, to the Australian Capital Territory by virtue of this Schedule, does not include any Minister from the Government of the Australian Capital Territory.

   (2)The quorum of the Commission for debating any issue, or considering or making any resolution on an issue, related to:

   (d)any provision of the Agreement; or

   (e)to any policy, determination or decision of the Ministerial Council or the Commission,

   which does not apply, in whole or in part, to the Australian Capital Territory by virtue of this Schedule, does not include any Commissioner appointed by the Executive of the Australian Capital Territory

   (3)A person who is not included in a quorum may not vote on any resolution referred to in sub-clause 9(1) or 9(2), as the case requires.

   (4)The text of any resolution referred to in:

   (f)sub-clause 9(1) 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 the Australian Capital Territory; or

   (g)sub-clause 9(2) for which approval is sought under clause 33 of the Agreement, need not be referred to or approved by any Commissioner appointed by the Executive of the Australian Capital Territory.

Application of previous Ministerial Council decisions to the Australian Capital Territory

1. (1)       Except as provided in this clause, every policy, determination or decision made by the Ministerial Council before the Ministerial Council approves this Schedule, in relation to any provision or matter which, by virtue of the Schedule, applies in whole or in part to the Australian Capital Territory, applies to the Australian Capital Territory.

   (2)Within 12 months after the date upon which the Ministerial Council approves this Schedule, or such longer period as the Ministerial Council may allow, the Australian Capital Territory may propose to the Commission that a policy, determination or decision of the Ministerial Council referred to in sub-clause 10(1):

   (a)should apply to the Australian Capital Territory; or

   (b)should only apply to the Australian Capital Territory with modifications; or

   (c)should not apply to the Australian Capital Territory.

   (3)The Commission shall consider any proposal made under sub-clause 10(2) and may make such recommendations to the Ministerial Council about the proposal, as it thinks fit.

   (4)The Ministerial Council, after considering any recommendations made by the Commission, may either:

   (a)adopt the proposal, with or without amendments; or

   (b)reject the proposal.

   (5)Any policy, determination or decision referred to in sub-clause 10(1), which is not mentioned in a proposal as adopted by the Ministerial Council under sub-clause 10(4), ceases to apply to the Australian Capital Territory on the day on which that proposal is adopted by the Ministerial Council.

IN WITNESS WHEREOF this Agreement, incorporating Schedule H, had been signed for and on behalf of the Australian Capital Territory on this          day of         Two thousand and six.

SIGNED by  )
  )
JONATHON D STANHOPE, MLA  )
  )
Chief Minister of the Australian Capital Territory       )
in the presence of -  )
  )
  )
  )

Schedule 2Murray-Darling Basin Agreement Amending Agreement 2006

(see dict, def amending agreement 2006)

Murray-Darling Basin Agreement Amending Agreement 2006
AGREEMENT made this fourteenth day of July 2006 between

THE COMMONWEALTH OF AUSTRALIA (the "Commonwealth"),

THE STATE OF NEW SOUTH WALES ("New South Wales"),

THE STATE OF VICTORIA ("Victoria"),

THE STATE OF QUEENSLAND ("Queensland"),

THE STATE OF SOUTH AUSTRALIA ("South Australia"), and

THE AUSTRALIAN CAPITAL TERRITORY ("Australian Capital Territory").

WHEREAS on 24 June 1992, the Commonwealth, New South Wales, Victoria and South Australia entered into the Murray-Darling Basin Agreement which:

(a)was approved by the Parliament of the Commonwealth and the Parliaments of the said States; and

(b)has subsequently been deemed to be amended from time to time under clause 50 or 134 of that Murray-Darling Basin Agreement; and

(c)was amended by the Murray-Darling Basin Amending Agreement made on 3 June 2002,

(together called the "Principal Agreement"):
AND WHEREAS under the provisions of clause 134 of the Principal Agreement, Queensland became a party to the Principal Agreement on the terms set out in Schedule D to the Principal Agreement:

AND WHEREAS under the provisions of clause 134 of the Principal Agreement, that Agreement was amended in May 2006 by the decision of the Murray-Darling Basin Ministerial Council to consent to the Australian Capital Territory becoming a party to the Principal Agreement;
AND WHEREAS the parties wish to further amend the Principal Agreement to facilitate the operation of the Murray-Darling Basin Commission's water business on appropriate commercial principles and for other reasons;

AND WHEREAS the Murray-Darling Basin Ministerial Council has approved the provisions set out below on 23 July 2003 and 30 September 2005:

THE PARTIES AGREE AS FOLLOWS:

1. INTERPRETATION

   In this agreement, a reference to a clause, sub-clause, paragraph, sub-paragraph, Schedule or Appendix is a reference to a clause, sub-clause, paragraph, sub-paragraph, Schedule or Appendix of or to the Principal Agreement, respectively.

2. CLAUSE 2

   (1)Omit "67(1)(a)" from the definition of "annual estimates."  Insert instead "68(1)(a)".

   (2)Insert in alphabetical order:

   " "Commission's water business" means those activities of the Commission relating to:

   (a)the construction, operation, maintenance and renewal of works on, adjacent to, or connected to the upper River Murray or the River Murray in South Australia; and

   (b)the execution of the provisions of this Agreement concerning sharing water between State Contracting Governments; and

   (c)the provision of other services relating to water, to State Contracting Governments and other persons;

   "financial year" means the twelve months beginning on 1 July;".

   (3)Omit all the words after "out" in the definition of "Commonwealth auditor".  Insert instead "an audit referred to in sub-paragraph 78(1)(a)(i)".

   (4)After the word "programs" in the definition of "measures" insert "(including any activities for the purpose of conserving or enhancing the environment) but does not include any activities of the Commission's water business".

   (5)Omit all the words after "out" in the definition of "State auditor".  Insert instead "an audit referred to in paragraph 78(1)(b)".

   (6)Omit the definition of "supplementary estimates".

3. CLAUSE 49

   Omit clause 49.  Insert instead:

   "49 (1)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, renewed or implemented (as the case may require):

   (a)in accordance with the provisions of this Agreement and any Acts approving the same; and

   (b)by the Contracting Government from time to time nominated by the Ministerial Council for the purpose.

   (2)A Contracting Government described as a "Nominated Government" in Schedule A with respect to a work is deemed to have been nominated by the Ministerial Council under paragraph 49(1)(b) to construct, operate, maintain and renew that work, until the Ministerial Council nominates another Contracting Government for one or more of those purposes, with respect to that work.".

4. CLAUSE 50

   (1)After "$2,000,000" in sub-clause (2) insert ", or such other amount determined by the Ministerial Council from time to time".

   (2)After "$2,000,000" in sub-clause (3) insert ", or such other amount determined by the Ministerial Council from time to time".

5. CLAUSE 51

   After "$1,000,000" in sub-clause (2) insert ", or such other amount determined by the Ministerial Council from time to time,".

6. CLAUSE 52

   After "$2,000,000" in sub-clause (5) insert ", or such other amount determined by the Ministerial Council from time to time".

7. CLAUSE 54

   After "$2,000,000" in sub-clause (1) insert ", or such other amount determined by the Ministerial Council from time to time".

8. CLAUSE 55

   (1)Omit the words "construction or maintenance" from paragraph (3)(a).  Insert instead:

   ":

   (i)investigations, construction and administration; or

   (ii)major or cyclic maintenance; or

   (iii)operation and maintenance,".

   (2)After "as" in sub-clause (4) insert "operation and".

9. CLAUSE 59

   Omit "this or the former Agreement".  Insert instead "paragraph 49(1)(b)".

10. CLAUSE 62

    Omit the words "which constructed a work under this or the former Agreement".  Insert instead "nominated to operate a work pursuant to paragraph 49(1)(b)".

11. CLAUSE 65

    Omit clause 65.  Insert instead:

    "Definitions

    65.      In this Part:

    "annuity contribution" has the meaning set out in sub-clause 67(2);

    "financial accommodation" means a financial benefit or assistance to obtain a financial benefit arising from or as a result of:

    (a)a loan;

    (b)issuing, endorsing or otherwise dealing in promissory notes;

    (c)drawing, accepting, endorsing or otherwise dealing in bills of exchange;

    (d)issuing, purchasing or otherwise dealing in securities;

    (e)granting or taking a lease of any real or personal property for financing but not for operating purposes;

    (f)any other arrangement approved by the Ministerial Council;

    "investigations, construction and administration costs" means the costs of:

    (a)investigating and constructing works set out in Schedule A; and

    (b)investigating and constructing any other works and implementing measures authorised under this Agreement; and

    (c)studies, programs, surveys and investigations carried out pursuant to clause 39; and

    (d)establishing systems referred to in clause 41; and

    (e)systems established pursuant to a request made under paragraph 43(b); and

    (f)special action taken under sub-clause 48(5) which the Ministerial Council has determined to be investigations, construction and administration costs; and

    (g)any payment by the Commission in respect of the construction of works under sub-clause 51(1); and

    (h)complying with the direction given under sub-clause 54(2); and

    (i)dismantling works referred to in sub-clause 64(2); and

    (j)any payment 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);

    "major or cyclic maintenance" has a meaning determined by reference to the guidelines established by the Commission under sub-clause 67(4);

    "operation and maintenance costs" means the costs of:

    (a)operating and maintaining works set out in Schedule A; and

    (b)operating and maintaining any other works authorised under this Agreement; and

    (c)operating and maintaining systems referred to in clause 41; and

    (d)operating and maintaining systems established pursuant to a request made under paragraph 43(b); and

    (e)special action taken under sub-clause 48(5) which the Ministerial Council has determined to be operation and maintenance costs; and

    (f)any payment made by the Commission in respect of the operation or maintenance of works under sub-clause 51(1); and

    (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);

    "security" includes inscribed stock and debenture, bond, debenture stock, note or any other document creating, evidencing or acknowledging indebtedness in respect of financial accommodation, whether constituting a charge on property of the Commission or not.".

12. CLAUSE 66

    Omit clause 66.  Insert instead:

    "Apportionment of Costs

    66. (1)The Ministerial Council, after considering any recommendation of the Commission, must determine:

    (a)what contribution, if any, is to be made by any State or Territory becoming a party pursuant to clause 134; and

    (b)whether some or all of that contribution is to be made as a lump sum or in a comparable manner to a manner provided for in sub-clause 66(3), (4) or 67(2).

    (2)Subject to sub-clause 66(1), the Ministerial Council:

    (a)may, on the recommendation of the Commission, from time to time determine which proportion of the services provided by the Commission's water business is attributable to each State Contracting Government; and

    (b)must, at intervals not exceeding five years, reconsider the proportions determined under paragraph 66(2)(a); and

    (c)may, on the recommendation of the Commission, alter the proportions determined under paragraph 66(2)(a).

    (3)Unless the Ministerial Council decides otherwise and subject to any decision of the Ministerial Council under sub-clause 66(1), a State Contracting Government must contribute to operation and maintenance costs in the relevant proportion determined under sub-clause 66(2).

    (4)Unless the Ministerial Council decides otherwise and subject to any decision by the Ministerial Council under sub-clause 66(1) and the provisions of clause 67:

    (a)the Commonwealth Government must contribute one-quarter of all investigations, construction and administration costs after first deducting any contribution to those costs made by any State or Territory:

    (i)becoming a party pursuant to clause 134; or

    (ii)pursuant to any understanding reached between that State or Territory and the Contracting Governments; and

    (b)the State Contracting Governments must together contribute three-quarters of all investigations, construction and administration costs:

    (i)        relating to the Commission's water business, in the relevant proportions determined under sub-clause 66(2); and

    (ii)relating to measures implemented under this Agreement, in equal shares.

    (5)      The Ministerial Council, after considering any recommendation by the Commission, must determine whether the costs of any special action taken under sub-clause 48(5) are investigations, construction and administration costs or operation and maintenance costs.".

1. CLAUSE 67

   Omit clause 67.  Insert instead:

   "Borrowings and Annuity Contributions

   67. (1)The Commission may, with the prior approval of the Ministerial Council, obtain financial accommodation with respect to any:

   (a)investigations, construction and administration costs; and

   (b)major or cyclic maintenance costs,

   incurred, or which the Commission proposes to incur, for the purposes of the Commission's water business.

   (2)The Ministerial Council, on the recommendation of the Commission, may from time to time determine that a Contracting Government must make an annual annuity contribution in respect of either or both of:

   (a)investigations, construction and administration costs; and

   (b)major or cyclic maintenance costs,

   which the Contracting Government might otherwise be required to contribute under sub-clause 66(1), (3), paragraph 66(4)(a) or sub-paragraph 66(4)(b)(i), in any future year.

   (3)In fixing any annuity contribution under sub-clause 67(2), the Ministerial Council must have regard to the Commission's estimate of costs which will be incurred during the next ensuing 30 years (or such other period as the Commission determines) in relation to either or both of:

   (a)the construction or renewal; and

   (b)major or cyclic maintenance,

   of works constructed, operated, maintained or renewed for the purposes of the Commission's water business (as the case requires) including any interest or other sums receivable or payable in respect of any income received, or any financial accommodation obtained, by the Commission from time to time in relation to those works.

   (4)For the purposes of this Part, the Commission must establish guidelines for determining what is, and what is not, major or cyclic maintenance.".

2. CLAUSE 68

   Omit clause 68.   Insert instead:

   "Annual and forward estimates

   68. (1)The Commission must prepare:

   (a)detailed annual estimates of its known and anticipated expenditure for the next financial year; and

   (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:

   (a)be in such form as may from time to time be agreed between the Commission and the Ministerial Council; and

   (b)show the estimated amount to be contributed by each Contracting Government; and

   (c)be sent to each Contracting Government before the end of March in each year; and

   (d)be approved by the Ministerial Council,

   and may be revised from time to time with the approval of the Ministerial Council.".

3. CLAUSE 69

   Omit clause 69.  Insert instead:

   "69.Each Contracting Government must pay any amount payable by it under clause 66 or 67 as and when required by the Commission.".

4. CLAUSE 72

   (1)Omit sub-clause (1).  Insert instead:

   "(1)Subject to sub-clause 72(3), the Commission must apply money paid by the Contracting Governments in accordance with the relevant estimates referred to in paragraph 68(1)(a).".

   (2)In sub-clause (2):

   (a)omit "annual or supplementary" from paragraph (a).  Insert after "estimates", "prepared or revised under paragraph 68(1)(a)";

   (b)omit "the annual or supplementary" from paragraph (b).  Insert instead "those";

   (c)after "financial year;" in paragraph (b) insert "and".

   (3)Omit sub-clause (3).  Instead insert:

   "(3)The Commission may accumulate:

   (a)any sums received under sub-clause 66(3) or (4) for the purposes of the Commission's water business, but not expended in any year; and

   (b)any annuity contributions received under clause 67,

   for use in subsequent years.".

   (4)Omit sub-clause (4).  Instead insert:

   "(4)Any sum referred to in paragraph 72(3) and any interest thereon must:

   (a)in the case of sums received under sub-clause 66(3), only be expended on operation and maintenance costs; and

   (b)in the case of sums received under sub-clause 66(4), only be expended on investigations, construction and administration costs; and

   (c)in the case of annuity contributions received under clause 67:

   (i)from a State Contracting Government, only be expended on either:

   (A)investigations, construction and administration costs; or

   (B)major or cyclic maintenance costs,

   of the Commission's water business, as the case requires; or

   (ii)from the Commonwealth, only be expended on investigations, construction and administration costs of the Commission's water business.".

5. CLAUSE 73

   In sub-clause (1):

   (a)omit "annual and supplementary"; and

   (b)insert after "estimates", "referred to in paragraph 68(1)(a),".

6. CLAUSE 75

   (1)Omit sub-clause (1).  Insert instead:

   "(1)     The unexpended balance of moneys paid to the Commission by Contracting Governments for implementing measures in any financial year:

   (a)shall, with the approval of the Ministerial Council, be available for expenditure in a subsequent financial year upon any item in the annual estimates approved by the Ministerial Council for the relevant year; or

   (b)may be used to reduce the amounts which would otherwise be payable by each Contracting Government under clause 69 in that subsequent financial year.".

   (2)In sub-clause (2):

   (a)omit "any".  Insert instead "the".

   (b)after "balances" insert "of moneys referred to in sub-clause 75(1)".

   (3)Omit sub-clause (3).  Insert instead:

   "(3)Any unexpended balance referred to in sub-clause 75(1) must only be expended on implementing measures under this Agreement.".

7. CLAUSE 77

   Omit sub-clause (2).  Insert instead:

   "(2)The Commission must determine how proceeds from the disposal of surplus assets are:

   (a)to be paid to the Commission and credited against future capital and renewal contributions by; or

   (b)to be distributed among,

   the Contracting Governments, having regard to the contributions made by each Contracting Government to the acquisition of those assets.".

8. CLAUSE 78

   (1)Omit paragraphs (a) and (b) from sub-clause (1).  Insert instead:

   "(a)must be audited annually by:

   (i)an auditor appointed by the Ministerial Council; or

   (ii)if no appointment is made under sub-paragraph 78(1)(a)(i), the Commonwealth auditor; and

   (b)may be audited at any reasonable time by an auditor appointed by a Contracting Government.".

   (2)Omit sub-clauses (2) and (3).  Insert instead:

   "(2)     An auditor referred to in paragraph 78(1)(a) must promptly inform each Contracting Government of any significant irregularity revealed by an audit.".

   (3)Omit sub-clause (4).  Insert instead:

   "(3)     The Commission must, at all reasonable times, make all its relevant accounts and records available to an auditor acting under sub-clause 78(1) or any person acting on behalf of that auditor.".

   (4)Renumber sub-clauses (5) and (6) as (4) and (5), respectively.

   (5)(a)      Renumber sub-clause (7) as sub-clause (6).

   (b)Omit "sub-clause 78(1)" from sub-clause (6).  Insert instead "paragraph 78(1)(a)".

9. CLAUSE 80

   Omit clause 80. Insert instead:

   "80.The Commission may invest money received by it:

   (a)in accordance with any guidelines established by the Ministerial Council; or

   (b)in such manner as may be directed by the Ministerial Council,

   but not otherwise.".

10. CLAUSE 81

    Omit sub-clause (3).  Insert instead:

    "(3)Money paid to the Commission under this clause must either:

    (a)be expended on investigations, construction and administration costs; or

    (b)applied in accordance with sub-clause 75(1)."

11. CLAUSE 82

    Omit sub-clause (4).  Insert instead:

    "(4)Money paid to the Commission under this clause must either:

    (a)be expended on investigations, construction and administration costs; or

    (b)applied in accordance with sub-clause 75(1).".

1. SCHEDULE C, CLAUSE 22

   Omit "7(3)" from sub-clause (2).  Insert instead "16(3)".

2. SCHEDULE C, APPENDIX 2

   After Appendix 1 to Schedule C insert:

"APPENDIX 2

AUTHORISED JOINT WORKS AND MEASURES

Description of works	Location	Nominated Government	Status
Barr Creek Drainage Diversion Scheme Saline water diversion from Barr Creek with disposal to the Tutchewop Lakes	Northern Victoria approximately 20 km north of the township of Kerang	Victoria	Former Salinity and Drainage Work
Buronga Salt Interception Scheme (part) Groundwater pumping with disposal to Mourquong basin	Southwest New South Wales on the River Murray between Mildura Weir and Mourquong	New South Wales	Former Salinity and Drainage Work
Mallee Cliffs Salt Interception Scheme Groundwater pumping with disposal to evaporation basin adjacent to Mallee Cliffs National Park	Southwest New South Wales on the River Murray approximately 30 km east of Mildura opposite Lambert Island in Victoria	New South Wales	Former Salinity and Drainage Work
Mildura-Merbein Salt Interception Scheme (part) Groundwater pumping with disposal to Wargan evaporation basins	Northwest Victoria on the Southern side of the River Murray between Mildura and Merbein	Victoria	Former Salinity and Drainage Work
Rufus River Groundwater Interception Scheme Groundwater pumping with disposal to evaporation basins on the western side of lake Victoria	On both sides of Rufus River between the outlet from Lake Victoria and the River Murray	South Australia	Former Salinity and Drainage Work
Waikerie Salt Interception Scheme Groundwater pumping with disposal to Stockyard Plain evaporation basin	Southern side of the River Murray from Holder Bend (River distance 392 km) to the Toolunka Reach (River distance 371 km)	South Australia	Former Salinity and Drainage Work
Woolpunda Salt Interception Scheme Groundwater pumping with disposal to Stockyard Plain evaporation basin	Both sides of the River Murray from Overland Corner to Holder Bend in South Australia	South Australia	Former Salinity and Drainage Work
Pyramid Creek Salt Interception Scheme Groundwater pumping with disposal to a salt harvesting pond complex	Along Pyramid Creek for 12 km from Flannery's Bridge to the Box Creek Regulator	Victoria	Basin Salinity Management Strategy Work

".

1. SCHEDULE D, CLAUSE 3

   To avoid doubt and to allow the Parties to comply with sub-clause 134(6) of the Principal Agreement:

   (1)After sub-clause 3(1) insert:

   "(1A)   Sub-clauses 38(1) and 38(3) of the Agreement only apply to the State of Queensland in respect of an act, omission or loss incurred, in relation to the bona fide execution of powers—

   (a)in or related to the State of Queensland; or

   (b)under a provision of the Agreement as it applies to the State of Queensland.".

   (2)After sub-clause 3(4) insert:

   "(5)Nothing in the Agreement requires the State of Queensland—

   (a)to contribute to the costs of, or associated with, remedying any actual or anticipated damage referred to in paragraph 51(1)(c) of the Agreement; or

   (b)to meet any compensation for damage paid under clause 83 of the Agreement,

   except where the State of Queensland has contributed to the construction, maintenance or operation expenses of the works to which the costs or compensation relate.".

EXECUTED as an agreement

SIGNED by The Honourable John Winston Howard MP Prime Minister of the Commonwealth of Australia in the presence of— Ron Perry	üïïýïïþ	John Howard
SIGNED by The Honourable Morris Iemma MP Premier of New South Wales in the presence of— Ron Perry	üïïýïïþ	Morris Iemma
SIGNED by The Honourable Steve Bracks MP Premier of Victoria in the presence of— Ron Perry	üïïýïïþ	Steve Bracks
SIGNED by The Honourable Peter Beattie MP Premier of Queensland in the presence of— Ron Perry	üïïýïïþ	Peter Beattie
SIGNED by The Honourable Mike Rann MP Premier of South Australia in the presence of— Ron Perry	üïïýïïþ	Mike Rann
SIGNED by Jon Stanhope MLA Chief Minister of the Australian Capital Territory in the presence of— Ron Perry	üïïýïïþ	Jon Stanhope '.

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     Executive

·     function

·     Legislative Assembly

·     Minister (see s 162)

·     sitting day.

agreement means the agreement (including schedule H) in schedule 1 as amended by the amending agreement.

amending agreement means the agreement in schedule 2.

commission means the Murray-Darling Basin Commission.

commissioner, other than in section 8 (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.

territory member means a commissioner or deputy commissioner appointed under section 8.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

1. Legislation history

   Murray-Darling Basin Agreement Act 2007 A2007-36

   notified LR 29 November 2007
   s 1, s 2 commenced 29 November 2007 (LA s 75 (1))
   remainder commenced 29 May 2008 (s 2 and LA s 79)

   as repealed by

   Statute Law Amendment Act 2009 (No 2) A2009-49 sch 4 pt 4.2

   notified LR 26 November 2009
   s 1, s 2 commenced 26 November 2009 (LA s 75 (1))

   sch 4 pt 4.2 commenced 17 December 2009 (s 2)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 29 May 2008	29 May 2008‑ 17 Dec 2009	not amended	new Act