New South Wales–Queensland Border Rivers Act of 1946 (11 Geo Vi No. 16) (Qld)

386 WATER SUPPLY AND SEWERAGE. N.S. W.-Queensland Border Rivers Act. 11 GEO. VI. No. 16, llN':.0i6: I. An Act to Approve an Agreement between the State Tgu~ w Qfo:r~ND of New South Wales and the State of Queens- land respecting the Construction of Certain ~~~: Works on Parts of those portions of the 1946. Severn, Dumaresq, lVIacintyre, and Barwon Rivers which constitute part of the boundary between the States of New South Wales and Queensland for the Furtherance of Water Conservation, Water Supply, and Ilrigation in the said States, and for other purposes. [ASSENTED TO 24TH DECEMBER, 1946.] Preamble. Schedule. W HEREAS the States of New South Wales and Queensland have agreed to enter into an Agree- ment, copy whereof is set forth in the Schedule to this Act (herein referred to as " the Agreement ") : And whereas it is provided in the Agreement that the Agreement is subject to ratification by the Parlia- ments of the States of New South Wales and Queensland and shall come into effect when so ratified: And whereas it is desirable to make provision to approve, ratify, and confirm the Agreement and provide for carrying out the said Agreement: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled,· and by the authority of the same, as follows :- Preliminary. Short title. 1. This Act may be cited as " The New South Wales- Queensland Border Rivers Act of 1946." vom,m,ence- 2. This Act shall come into force on a day to m,ent. be fixed by the Governor in Council by Proclamation published in the Gazette. Act to bind the Crown. 3. This Act shall bind the Crown.

WATER SUPPLY AND SEWERAGE. 387 1946. N.S. W.-Queensland Border Rivers Act. . 4. In this Act, unless inconsistent with the context Interpreta- or subject-matter- tion. " Border Rivers" means the parts of the Severn, B?rder Dumaresq, Macintyre, and Barwon Rivers RIvers. constituting part of the boundary between the States of New South Wales and Queens- land. "Carrier Rivers" means the parts of the Carrier Severn, Dumaresq, Macintyre, and Barwon Rivers. Rivers constituting part of the boundary between the States of New South Wales and Queensland and located between the site on the Dumaresq River of the Dam referred to in the Agreement as the" Dumaresq Dam" and the point on the Barwon River downstream of Mungindi where the Barwon River reaches the twenty-ninth parallel of South latitude. " Constructing Authority" means the Contracting C A o u n t s h t o r r ~ I c t t y i . ng Government by which any works under thiE Act are constructed or to be constructed, or any authority constituted or appointed for the purpose of such construction. " Contracting Government" means a Government Contracting which is a party to the Agreement. Government. " Controlling Authority" where used in reference Controlling to a State means any Government Depart- Authority. ment or Authority of that State which under the laws of that State is authorised or required to exercise the powers and fulfil the obliga- tions by this Agreement conferred or imposed upon a Controlling Authority. " Diversion" includes abstraction, impounding, Diversion. and appropriation of water that diminishes or retards the volume of flow of a river. "Government Gazette" means the Government Government Gazette of the State of New South Wales or Gazette. Queensland (as the case may require). " Governor" means His Excellency the Governor Governor. by and with the advice of the Executive Council and shall include the person for the time being lawfully administering the government of the State.

388 WATER SUPPLY AND SEWERAGE. N.S. W.-Queensland Border Rivers Act. 11 GEO. VI. No. 16, Land. " Land" includes Crown lands and buildings, messuages, tenements, and hereditaments of any tenure, and any easement, right, or privilege in, over, or affecting any land. Maintenance. Minister. "Maintenance" includes repairs and improve- ments. "Minister "-The Secretary for Public Lands or other Minister of the Crown for the time being charged with the administration of this Act. Person. " Person " includes a corporation. Premier. Purposes of this Act. " Premier" includes the Minister of the State for the time being acting as such. "Purposes of this Act" includes purposes of the Agreement. Prescribed. Proclama- tion. " Prescribed" means prescribed by this Act or by regulations pursuant to this Act. "Proclamation" means Proclamation by the Governor in Council of the State of New South Wales or Queensland published in the Government Gazette of that State. River and Tributary. " River" and " Tributary," respectively, include any affluent, effluent, creek, anabranch, or extension of, and any lake or lagoon connected with, the river or tributary. The Agreement. " The Agreement" means the Agreement, a copy of which is set out in the Schedule. The Commission. " The Commission" means the Dumaresq-Barwon Border Rivers Commission appointed for the purposes of this Act. The Schedule. "The Schedule" means the Schedule to this Act. This Act. Under this Act. " This Act "-This Act, the Agreement, and any regulations made under this Act. "Under this Act" includes under the Agreement. Execution 5. The execution by and on behalf of the State of oAfgreement. Queensland of the Agreement, a copy of which is set out in the Schedule to this Act, is hereby authorised. Such Agreement when executed by and on behalf of this State and of the State of New South Wales shall be deemed to be approved and ratified by this Parliament

WATER SUPPLY AND SEWERAGE. 389 1946. N.S. W.-Queensland Border Rivers Act. and shall, while it continues to be binding on the State of New South Wales, have force and effect and be binding on this State. Powers and Duties of the Commission. 6. (1.) The Commission may make regulations- (a) For or relating to- (i.) The times and places of its meetings; Regulations made by the Commission. (ii.) The conduct of its proceedings; (iii.) The duties and the control, supervision, and guidance of its officers and servants, and the time and mode in which they shall account to the Commission for all moneys received by them on its behalf or account; (iv.) The mode of making and the management and carrying out of contracts of the Commission. (b) Prescribing what business shall be deemed formal for the purposes of the Agreement. (c) Prescribing a penalty not exceeding fifty pounds for a breach of any such regulations. (2.) Every regulation under this section, on being published in the Government Gazette of each of the States of New South Wales and Queensland, shall take effect from the date of the last of such publications, or from a later date specified in the regulation. (3.) In addition, regulations under paragraphs (b) and (c) of subsection one of this section shall be laid before both Houses of Parliament of the State of New South Wales and before the Legislative Assembly of the State of Queensland within fourteen sitting days after the date of the last publication thereof as aforesaid if Parliament is then in session, and, if not, then within fourteen sitting days after the commencement of the next sitting of Parliament. If either House of Parliament of New South Wales or the Legislative Assembly of Queensland passes a resolution (of which notice has been given at any time within fifteen sitting days after such regulations have been laid before such House) disallowing such regulation such regulation shall thereupon cease to have effect. For the purpose of this section the term "sitting days" shall mean days on which the House actually sits for the despatch of business.

WATER SUPPLY AND SEWERAGE. N.S. W.-Queensland Border Rivers Act. 11 GEO. VI. No. 16, To have 7 The regulations of the Commission made and force of law. to take' e ffi ect pursuant to t his Act sha11 have the £ orce of law. Evidence of 8. The production of a document purporting to be regulation. a copy of any such regulation, and to be signed by a Commissioner or the Secretary of the Commission, or of a Government Gazette in which such regulation was published shall be prima facie. evidence that such regulation was made and is in force. ~ n~ 1 on 9. For the purposes of this Act the Commission ~ mmksion. and any person authorised by the Commission may enter any lands and shall have free access to all works. '!f.it to 10. The Commission or a Commissioner may be ~ ~ ~~ance compelled, by mandamu8 or other writ issuing from the ~ f dut~ o.f Supreme Court of either of the said States or (so far as ommlBBlOn. the High Court of Australia has or may be invested with jurisdiction in the matter) from the High Court of Australia, to perform any of the duties of the Commission or the Commissioner (as the case may be) under this Act. Orders. o~ the 11. Subject to this Act and the Agreement the tCoombimndis. sion orders, determm. a.tlOns, deC· lS.lOns, and dec 1 aratlO . llS 0 f the Commission made in the exercise of its powers and discharge of its duties shall bind the Government and all persons and corporations, and may be made a rule or order of the Supreme Court and shaH be enforceable accordingly. Evidence of 12. Every minute or record of the proceedings Creocmormdsisosifon. 0 f the COmmI. SS.lOn, i f s · Igned by t he CommI. ss.Ioners, or a copy thereof certified as correct under the hand of a Commissioner or the Secretary of the Commission, shall be presumed to be correct until the contrary is proved. Saving of rights of State officers. 13. The existing and accruing rights of a person in the Public Service or in the employment of any authority constituted by or under any Act shall not be affected by reason of his being appointed a Commissioner or being appointed or employed as an officer or servant by the Commission; and service as a Commissioner or as such officer or servant shall count as service in the Public Service of Queensland or in the employment of any such authority.

WATER SUPPLY AND SEWERAGE. , 3~1 1946. N.S. W.-Qtteensland Border Rivers Act. Construction and Maintenance of Works and Acquisition of Land. 14. Subject to this Act and the Agreement, the Construction construction in Queensland of the works to be constructed ~ ~ ~ ~ ~ f: ed. under the Agreement by Queensland is hereby authorised. 15. (1.) The works to be constructed under the ~ ommis­ Agreement by Queensland shall be constructed, main- ~ f: ~ tf: n, . tained, operated, and controlled under, subject to and and Wa,ter in accordance with this Act and the Agreement by the ~ ~ g~ % : ~ Commissioner of Irrigation and Water Supply. works; (2.) The Commissioner of Irrigation and Water Supply shall be and be deemed to be a constructing authority within the meaning of *" The Public Works Land Resumption Acts, 1906 to 1940," for the purposes of such works, and any land required for the purposes of such works or any of them may be taken under. such lastmentioned Acts as modified by this Act by the said Commissioner. (3.) Notwithstanding anything in this Act or in any Powers of other Act or law the Commissioner of Irrigation and ~ ~ dinator­ Water Supply shall as respects the taking of any land General. to for the purposes of such works or any of them, have be apphed. and may exercise the like powers, authorities, and jurisdiction as the Co-ordinator-General of Public Works would have and could exercise if such land were taken by him for a work or purpose specified in subsection one of section SB of t" The State Development and Public Works Organisation Acts, 1935 to 1940." To the extent necessary to give effect to the fore- going provisions of this subsection, the said section SB shall be read and construed with and as modifying *" The Public Works Land Resumption Acts, 1906 to 1940," and in so reading and construing the said section SB the term "Commissioner of Irrigation and Water Supply" shall be substituted for the term L Cu-ordinator- General" wherever such lastmentioned term appears therein. (4.) The term "Commissioner of Irrjgation and Water Supply" means the Commissioner of Irrigation and Water Supply as defined in t" The Irrigation Acts, 1922 to 1934," or, if any Act, whether in force before * 6 E. 7 No. 14 and amending Act&. t 2 G. 6 No. 3 and amending Act. t 13 G. 5 No. 29 and amending Acts.

392 WATER SUPPLY AND SEWERAGE. N.S. W.-Q1£censland Border Rivers Act. 11 GEO. VI. No. 16, or after the passing of this Act, provides for the termi- nation of the office of such Commissioner and for the constitution of another corporation or instrumentality, by whatever name called, charged with functions, powers, and duties similar to those of the said Commissioner such other corporation or instrumentality. Construc~ ion 16. (1.) Subject to this Act the construction in ~ u= ~~ ~ ~ Queensland of so much of the works to be constructed by New under the Agreement by New South Wales as will be South Wales. situated in this State is hereby authorised. (2.) So much of the works to be constructed under the Agreement by New South Wales as will be situated in Queensland may be constructed, maintained, operated, and controlled under, subject to, and in accordance with this Act and the Agreement by the Crown in the right of the State of New South Wales, or by any corporation, instrumentality, or person authorised in that behalf by the Governor of that State, and the Crown in the right of the State of New South Wales or such authorised corporation, instrumentality, or person may do in this State all such acts, matters, and things as are necessary in or for the purposes of the construction, maintenance, operation, and control of such works or any of them. (3.) Subject to the approval of the Governor any land in Queensland required for such works or any of them may be taken by the Commissioner of Irrigation and Water Supply in the same manner as if such land were required by the said Commissioner for works referred to in section fifteen of this Act. (4.) Notwithstanding anything contained in any Act relating to industrial arbitration or any award or agreement made thereunder or pursuant thereto it shall be lawful for the Crown in the right of New South Wales or any authority, instrumentality, or person thereto authorised by it in constructing, undertaking, carrying out, establishing, carrying on, maintaining, managing and/or controlling in the State of Queensland any work required to be constructed, undertaken, carried out, established, carried on, maintained, managed and/or controlled by it under this Act and the Agree- ment to observe the same conditions and pay the same wages as would prevail ifsuch work were being undertaken or performed in the State of New South Wales.

WATER SUPPLY AND SEWERAGE. 393 1946. N.S. W.-Queensland Border Rivers Act. 1 7. (1.) In case any land taken for the purposes of Disposal of any works under the Agreement is found not to be ; UI. ~ lus required for such purposes such land shall become an s. Crown land. (2.) Notwithstanding any provision to the contrary contained or implied in any other Act any moneys arising from the leasing of any Crown land referred to in subsection one of this section shall be credited to the funds of the Commission: Compensation for Damage by Warks. 18. No action, claim, or other proceeding for com- Noti.ce to. pe~ sation for damage occasioned by ~he construction or ~~ tr~ ~eFo;n mamtenance of works under thIS Act shall be compensa. maintainable unless- tion. (a) Notice in writing stating the nature and extent of the damage complained of has been furnished to the constructing authority within six months after the damage in respect of which the notice is given has been occasioned; and (b) After giving the notice the person claiming compensation proceeds without unreasonable delay to obtain such compensation. 19. In determining whether any and what com- Rules to be pensation for such damage is to be made, the court shall adPpt lied. i,,?- I.n each case have regard to and I.S hereby empowered coemeprmenmsam- g and directed to apply the following principles :_ tion. No compensation shall be awarded save in respect of some item set forth in the notice in writing stating the nature and extent of the injury complained of furnished to the constructing authority as hereinbefore provided. No compensation shall be awarded for any diminution or deterioration of the supply of water to which any person may be entitled, unless such diminution or deterioration is such as to deprive the claimant of a supply of water previously legally enjoyed by him, and unless such diminution or deterioration is the direct and will be the permanent result of the completed works. No compensation shall be made for the taking or diverting of any water which the constructing authority is empowered by or under this Act to take or divert either permanently or temporarily from any river, creek, stream or watercourse, lake, lagoon, swamp or marsh.

WATER SUPPLY AND SEWERAGE. N.S. W.-Queensland Border Rivers Act. 11 GEO. VI. No. 16, There shall be considered in reduction of all claims for compensation for injury, whether by reason of the execution of any works under this Act, any, and if so what, enhancement in value of any property of the claimant, wherever situate, has been directly or indirectly caused, and whether any, and if so what, immediate or proximate benefit has been gained by or become available to such claimant by reason of the construction or use of such works; and a deduction shall be made accordingly from the amount which, but for this provision, would have been paid or payable as com- pensation. The measure of damages shall in all cases be the direct pecuniary injury to the claimant by the loss of something of substantial benefit accrued or accruing, and shall not include remote, indirect, or speculative damages. Where the injury complained of appears to be of a permanent or continuing character, or likely to be repeated, a sum may be awarded which the court may declare to be a compensation for all injury, loss, or damage sustained in respect of the matter complained of to the date of the bringing of the action, and also for all future injury, loss, or damage, in respect of the same matter; and after such award no further compensation shall be made in respect of any such future injury, loss, or damage. Stay of 20. If compensation is sought to be recovered for purnotcileecdoimn-gs any such injury alleged to be the result of the execution pletion of of works which at the time of the alleged injury and of works. the claim to compensation in respect thereof are incomplete, it shall be lawful for any judge of the Supreme Court, upon an application by the constructing authority, made without action, and either by summons or by motion upon notice to the claimant for compensation, to make an order directing that the proceedings upon the claim for compensation shall be stayed until the completion of such works or for such period to be stated in the order as the judge may consider sufficient for the completion of such works, and the proceedings to recover such compensation shall be stayed accordingly; but at the expiration of the stay limited in such order the claimant shall be at liberty to resume his proceedings for the recovery of such compensation without com- mencing any fresh proceedings.

1946. WATER SUPPLY AND SEWERAGE. N.S.W.-Queensland Border Rivers Act. 395 21 Where such compensation is sought to be ~ompensa­ recovered in respect of any acts causing or likely to ~j~ r~~ o cause the same kind of injury to the same property, andintere~ ts in such acts may injure interests in reversion as well as in reversIOn. possession of such property, the person claiming compensation shall, before any sum is awarded as compensation, satisfy the court as to the nature and extent of the respective estates or interests in such property of such claimant and all other persons (if any) said to be injured, and that he has given sufficient notice to all such other persons of his proceedings to obtain compensation under this Act. All such other persons, whether they have received such notice or not, who may appear before the court shall be entitled to be heard on behalf of their respective interests in the compensation to be awarded. In awarding any sum by way of compensation for such injury the court shall award and apportion as between such claimant and such other persons in such manner in all respects as to such court may seem fit the amounts to be received by any or some or all of them respectively out of such sum as compensation for all injury of the same kind caused or likely to result to the respective interests of such claimant or other persons in such property. Such amounts shall be received by such claimant or other persons, and shall be in full' discharge and satisfaction of the claims of such persons to compensation in respect of the matter complained of, and of all future injury, loss, or damage in respect of the same matter. ,,' ' Any person to whom any such sum has been awarded or apportioned as aforesaid shall have all such remedies and means of recovering the said sum from the construct- ing authority against which the claim has been made as though such person had originally been a plaintiff in the action in which such award or apportionment has been so made. d, \ . Regulations made by Governor. 22. (1.) The Governor may, for carrying out any Regulations. of the purposes of this Act for which the Commission is not empowered to make regulations, make regulations and provide a penalty not exceeding fifty pounds for any breach thereof.

396 WATER SUPPLY AND SEWERAGE. N.S. W.-Queensland Border Rivers Act. 11 GEO. VI. No. 16, (2.) All such regulations shall- (a) Be published in the Gazette ; (b) Take effect from the date of such publication, or from a later date specified in the regulations; and (c) Be laid before Parliament within fourteen sitting days after such publiaction, or if Parliament is not then sitting, within fourteen sitting days after the next meeting of Parliament. (3.) If the Legislative Assembly, within the next fourteen sitting days after any regulations have been so laid before such House, resolves that such regulations or any of them ought to be annulled, the same shall after the date of such resolution be of no effect, without prejudice to the validity of anything done in the meantime under such regulations or to the making of any new regulations. For the purpose of this section the term "sitting days" shall mean days on which the House actually sits for the despatch of business. Appoint- ment of Commis- sioner and Deputy Commis- sioner. Water Act to be read subject to the Agree- ment. Appointment of Commissioner and Deputy Commissioner. 23. The Governor may, under this Act, appoint a Commissioner and, when and so often as may be necessary, a Deputy Commissioner, who shall respectively be paid, such salaries as he shall determine. Miscellaneous. 24. Nothing in *" The Irrigation Acts, 1922 to 1934," or t" The Water Acts, 1926 to 1942 " (or any Acts amending or in substitution for such Acts), shall affect the exercise of any powers conferred by the Agreement or by this Act, and such lastmentioned Acts shall be read subject to the Agreement. Penalty for 25. Every person who unlawfully and maliciously iwnojurkrisn. g destroys or damages, or attempts to destroy or damage, any works or portion of works under this Act shall in addition to any penalty provided by regulations under this Act be guilty of a crime and liable on conviction on indictment to imprisonment with hard labour for any term not exceeding ten years. * 13 G. 5 No. 29 and amending Acts. ~ · l7 n 5 No. 12 and amending Acts.

WATER SUPPLY AND SEWERAGE. 397 1946. N.S.W.-Queensland Border Rivers Act. s 26. A document signed by and purporting to Evi;Ience?f contain the decision of an arbitrator appointed under ~ : ~ ~ ~ ~ ~ ~ ~ r the provisions of the Agreement shall be evidence of such decision. 27. No rates, taxes, or charges whatsoever (whether Exemption local government or not) shall be imposed, made, or ~~ ~ ~~ ~ ~~ levied, in respect of any works under this Act, or in respect of any land or other property held by any contracting Government or constructing authority for the purposes of such works. 28. All proceedings and penalties for offences Recov~ ry of against or breaches of any regulations made under this penaltIes. Act not being indictable offences shall be heard and determined and be recovered in a summary way by complaint under *" The Justices Acts, 1886 to 1945." 29. All reports, statements, and estimates received Reports. under this Act by the Governor shall be laid before t~ f~ ~ 1aId Parliament without delay. Parliament. THE SCHEDULE. AGREEMENT made the day of One thousand nine hundred and forty-six BETWEEN THE STATE OF NEW SOUTH WALES (hereinafter called "New South Wales") of the one part AND THE STATE OF QUEENSLAND (hereinafter called" Queensland") of the other part WHEREAS it is desirable that certain works be constructed on parts of those portions of the Severn Dumaresq Macintyre and Barwon Rivers which constitute part of the boundary between the States of New South Wales and Queensland for the furtherance of water conservation water supply and irrigation in the said States and for other purposes NOW IT IS HEREBY AGREED as follows :- PART I-RATIFICATION AND ENFORCEMENT. 1. This Agreement is subject to ratification by the Parliaments Ratification. of the States of New South Wales and Queensland and shall come into effect when so ratified. 2. Each of the parties hereto shall take every practicable step Submission to have this Agreement ratified by its Parliament as soon as possible. to . ParlIaments. 3. Each of the parties hereto so far as its jurisdiction extends Contracting and so far as may be necessary shall provide for or secure the execution parti.es to arantdI . fyem . nfgortcheemesanmt eo. f the provisions of this Agreement and any Acts eoPnffroovrIcdeemfeonrt __________________________ Agreement * 50 V. No. 17 and amending Acts. and Act.

398 WATER SUPPLY. AND SEWERAGE. N.S. W.-Queensland Border Rivers Act. 11 GEO. VI. No. 16, Appoint- ment. PART II-THE COMMISSION. 4. As soon as practicable after this Agreement comes into effect a Commission to be called "The Dumaresq-Barwon Border Rivers Commission" (hereinafter called "the Commission") shall be appointed for the purposes of this Agreement and of the Acts ratifying the same and shall be charged with the duty of giving effect to this Agreement and the said Acts. Constitution. 5. The Commission shall consist of three Commissioners of whom one shall be appointed by the Governor of New South Wales one by the Governor of Queensland and one not being a person in the service of the Government of either of the parties hereto (who shall be the Chairman of the Commission) shall be appointed by the Premiers of New South Wales and Queensland and in the event of such Premiers being unable at any time to agree upon the appoint- ment of a Chairman then such appointment shall be made by the Chief Justice of New South Wales or the Chief Justice of Queensland (such two Chief Justices to act on alternate occasions) from a panel of names submitted bv the two Premiers each of whom shall submit an equal number of nimes not exceeding two the selection on the first occasion to be made bv the Chief Justice of New South Wales. Each Commissioner shall be" appointed for a term not exceeding five years and shall be eligible for reappointment. Meetings and 6. (1) Each meeting of the Commission shall be convened by business. the Chairman or Deputy Chairman and be held at a time and place fixed by the Chairman or Deputy Chairman. (2) For the transaction of business other than business which the Commission may have prescribed as formal the three Commissioners shall be a quorum and the concurrence of all of them shall be necessary. (3) When any matter (not being business which the Commission may have prescribed as formal) requires a decision by the Commission and it is for whatever reason impossible to secure at two consecutive meetings of the Commission the quorum required by the preceding subclause (2) or if a difference of opinion arise among the Commissioners on any question not being a question prescribed as formal business such matter (if so required by the Premier of New South Wales or the Premier of Queensland) or such question (unless the Commissioners concur within two months after submission by a, Commissioner of a resolution thereon) shall as hereinafter provided be referred for decision to an arbitrator who shall be appointed by the Premiers of New South Wales and Queensland. Either of such Premiers may give to the other written notice to concur in the appointment of an arbitrator and to refer such matter or question to such arbitrator for decision. If the appointment be not made within two months after the giving of such notice the Chief Justice of the Supreme Court of Tasmania or other the person for the time being discharging the duties of that office may at the request of the Premier by whom such notice shall have been given appoint an arbitrator who shall have the like powers to act in the reference and to decide the matter or question as if he had been appointed by the Premiers of New South Wales and Queensland.

WATER SUPPLY AND SEWERAGE. 399 1946. N.S.W.-Queensland Border Rivers Act. The decision of an arbitrator appointed to decide such matter or question shall be binding on the Commission and the parties hereto and shall have effect as if the same were a determination of the Commission. (4) The Commission shall not prescribe as formal any business in which the interests of the parties hereto are dissimilar. For the transaction of business which the Commission may have prescribed as formal two Commissioners shall be a quorum and if at any meeting of the Commission at which two Commissioners only are present such Commissioners differ in opinion upon any matter (being business which the Commission may have prescribed as formal) the determina tion of such matter shall be postponed until all the Commissioners are present and if necessary the provisions of subclause (3) of this Clause which are applicable in the event of its being for whatever reason impossible to secure at two consecutive meetings of the Commission the quorum required by subclause (2) of this Clause shall apply. 7. Subject to the provisions of this Agreement the Commissioners Powers and shall have equal powers and each Commissioner appointed by a salaries. Governor shall be paid such salary fees or allowance and such expenses as that Governor shall determine and the Chairman shall be paid such salary fees or allowance and such expenses as may be agreed upon by the Premiers of New South Wales and Queensland. 8. (1) A Commissioner shall be deemed to have vacated his Vaca.tion office- Office. (a) if he becomes bankrupt compounds with his creditors or makes an assignment of his salary fees allowance or estate for their benefit ; (b) if he is absent from two consecutive ordinary meetings of the Commission without leave obtained from the Commission in that behalf; (c) if he resigns his office by writing under his hand addressed in the case of a Commissioner other than the Chairman to the Governor of the State .whose Governor appointed him and addressed in the case of a Chairman to the Premiers of New South Wales and Queensland; (d) if he is removed from office as hereinafter provided. (2) The Governor of a State may for any cause which appears to him sufficient remove from office a Commissioner appointed by the Governor of that State. (3) The Premiers of New South Wales and Queensland may for any cause which appears to them sufficient remove a Chairman from office. (4) On any vacancy occurring in the office of Chairman during the term of such Chairman a person shall be appointed to the vacant office in the manner provided by Clause 5 for the appointment of a Chairman and on any vacancy occurring in the office of a Commisf;lioner (other than the Chairman) during the term of such Commissioner the Governor of the State whose Governor appointed the Commissioner whose office is vacant shall appoint a person to the vacant office and in any of such cases the person appointed to fill the vacant office shall subject to this Agreement hold office for the unexpired portion of the term of the vacant office.

400 WATER SUPPLY AND SEWERAGE. lY.8. W.-Qlleensland Border Rivers Act. 11 GEO. VI. No. 16, Deputy Com- missioners. 9. (1) In case of the illness or absence of a Chairman a person may in the manner provided in Clause 5 for the appointment of a Chairman be appointed to act as Deputy Chairman during such illness or absence and in case of the illness or absence of a Commissioner other than the Chairman the Governor of the State by whose Governor he was appointed may appoint a person to act as Deputy Commissioner during such illness or absence. (2) Every such Deputy shall while so acting have all the powers and perform all the duties and be entitled to the indemnities of the Chairman or Commissioner in whose stead he so acts. (3) Any Deputy appointed by a Governor shall be paid such salary fees or allowance and such expenses as that Governor shaH determine and any Deputy Chairman shall be paid such salary fees or allowance and such expenses as may be agreed upon by the Premiers of New South Wales and Queensland. Indemnities. 10. Each of the parties hereto shall indemnify the Commissioner appointed as Chairman and the Commissioner appointed by its own Governor in respect of any act done by him and of any losses costs or damages incurred by him in the bona fide execution of the powers vested in the Commission by or under this Agreement or any Act ratifying the same. Appoint- 11. The Commission may from time to time appoint and employ ment of a Secretary and such other officers and servants as it thinks fit and aSnedcrOetfafricyers. mCoamymriesmsioovnemoarydiinsmliiessu tohfesmo. apPpoRiOntVinIgDaEnDd eHmOpWloyEiVngERa Stehcartet.athrye arrange for a person employed by either of the parties hereto or by any Authority constituted by either of the parties hereto to act as Secretary to the Commission in which case such salary fees or allowance and such expenses as may be approved by the Commission and agreed upon by the State or Authority concerned may be paid to such person. Employment 12. The services of persons employed by either of the parties ?f ~ ~ ~ ~ rs hereto or by any Authority constituted by either of the parties hereto ~ : rvice~ c may and as far as practicable shall be utilised by the Commission for the purposes of carrying out any work or services to be carried out or performed by the Commission pursuant to this Agreement and the Commission may arrange with the State or Authority concerned as the case may be for the utilisation of the services of any of such persons for such purposes and for payment for the work or services carried out or performed. by any of such persons for the Commission and the services of any of such persons may be utilised in part by the Commission and in part by a party hereto or Authority constituted by a party hereto. Records of 13. The Commission shall cause proper minutes or records of proceedings. all its proceedings to be kept. Gaugings. 14. It shall be the duty of the Commission to arrange for and carry on an effective and uniform system of making and recording continuous gaugings of-

WATER SUPPLY AND SEWERAGE. 1946. N.S.W.-Queensland Border Rivers Act. (a) the flow of water in the Dumaresq River at a place down- stream of and as close as practicable to the Dumaresq Dam referred to in Clause 16 and at such other places (being not less than three in number) as the Commission may deem necessary along the Carrier Rivers; (b) such of the rivers which are tributary to or effluent from the Carrier Rivers as the Commission deems necessary to determine the volume of inflow from such tributary rivers into the Carrier Rivers and the volume of outflow by such effluent rivers from the Carrier Rivers; (c) all diversions whether natural or artificial or partly natural and partly artificial from the Carrier Rivers ; and to arrange for the construction maintenance operation and control of such gauging stations as may be necessary for the making and recording of the gaugings mentioned in this Clause. Each of the parties hereto shall through its Controlling Authority but at the cost and expense of the Commission make and record such of the said gaugings as it may be directed by the Commission to make and record and shall supply to the Commission from time to time all such particulars as the Commission may require of the gaugings made and recorded by such party including (if the Commission so requires) particulars daily of the rate of inflow from such tributary rivers into the Carrier Rivers. 401 15. Subject to the provisions of this Agreement the Commission- Certain . powers and (a) may from time to time so far as may be necessary for giVIng duties of effect to this Agreement declare the quantities of and C~ m~ times for and means of verification of- mISSIon. (i) all deliveries of water from the Dumaresq storage referred to in Clause 16; and ' (ii) the discharge of water past each of the other works referred to in that Clause; and in so declaring such quantities and times shall have regard to the quantities and times most suitable and convenient for the purposes of this Agreement and to the requirements of each of the parties hereto at different points along the Carrier Rivers and all such declarations shall be observed by the parties hereto respectively; (b) shall before the First day of October in each year prepare and forward to each of the parties hereto a report as to- (i) its proceedings during the twelve months ended on the Thirtieth day of June then last past; (ii) the operations carried on by it or under its directions or orders and particularly the deliveries and discharges of water during such period; (ill) the names salaries or wages fees allowances expenses positions and duties of officers or persons employed by it during such period; and (iv) its administration generally during the said period.

402 WATER SUPPLY AND SEWERAGE. N.S. TV .-Queensland Border Rivers Act. 11 GED. VI. No. 16, PART Ill-WORKS TO BE CONSTRUCTED AND WORKS TO BE TAKEN OVER. Works to be 16. (1) The works to be constructed under this Agreement constructed. comprise;- (a) a Dam (hereinafter referred to as "the Dumaresq Dam ") on the Dumaresq River at a site to be selected by the Commission such Dam to give a storage basin (herein- after referred to as "the Dumaresq Storage") with a capacity as large as is reasonably practicable; (b) such weirs (additional to those referred to in paragraphs (a) and (b) of subclause (2) of this Clause) on the Carrier Rivers (such additional weirs being hereinafter referred to as "the New Weirs") as may be found necessary to meet the requirements of irrigation along those Rivers (including diversions of water by gravitation for irrigation) such New Weirs to be not less than six and not more than twelve in number (inclusive of the weirs referred to in paragraph (b) of subclause (2) of this Clause but exclusive of the Goondiwindi Weir and the Mungindi Weir referred to in paragraph (a) of subclause (2) of this Clause) the locations of the New Weirs to be determined by the Commission within a period of seven years from the ratification of this Agreement by the Parliaments of New South Wales and Queensland; (c) regulators in effluents from the Carrier Rivers (hereinafter called" the Regulators ") up to four in number to provide for the control of the flow in the Carrier Rivers during periods of regulated flow; (2) the works to be taken over as hereinafter in this Agreement provided comprise; (a) the existing Weir in the Macintyre River near the town of Goondiwindi (herein referred to as "the Goondiwindi Weir") and the existing Weir in the Barwon River near the town of Mungindi (herein referred to as " the Mungindi Weir ") ; (b) any other weirs on the Carrier Rivers the construction of which has been commenced or completed by either party hereto with the consent of the other party hereto before this Agreement comes into effect (hereinafter referred to as " any weirs under construction "). Dumaresq Storage. j 17. (1) Subject to the provisions of this Agreement the Dumaresq Dam shall be constructed maintained and operated by and the Dumaresq Dam and the Dumaresq Storage shall be controlled by New South Wales. Weirs and Regulators. (2) Subject to the provisions of this Agreement the New Weirs and the Regulators shall be constructed maintained operated and controlled by Queensland which shall also take over maintain operate and control the Goondiwindi Weir the Mungindi Weir and any Weirs under construction.

WATER SUPPLY AND SEWERAGE. 403 1946. N.S. W.-Queensland Border Rivers Act. 18. The labour required by each of the parties hereto for the Employment construction maintenance operation and control of any work to be of Labour. constructed maintained operated or controlled by it under this Agree- ment shall so far as may be practicable be drawn in equal numbers from the States of New South Wales and Queensland provided that in ca.se of emergency labour may be obtained by either party from any available source. 19. Subject to the provisions of this Agreement each of the Commence. parties hereto shall as soon as practicable after this Agreement comes ment ~ d into effect commence the construction of the works which are to be ~ mpl~ IOn constructed by it as provided in Clause 17 and shall proceed with 0 wor s. such construction without cessation (other than such as may be due to unavoidable causes) until such works are completed. 20. Each of the parties hereto shall- Preparation (a) as soon as practicable carry out and complete investigations an~ m' ss' o and surveys in respect of the works to be constructed by it ~ f G~ ~ a? under this Agreement; Scheme, (b) as soon as practicable cause to be prepared and submitted Designs, etc, to the Commission for its approval a general scheme in respect of the works to be constructed by it under this Agreement; and (c) before commencing the construction of any work cause to be prepared and submitted to the Commission for its approval designs and estimates of cost of such wOlk 21. The Commission may approve of any' such general scheme Approval of and of any such designs or estimates with or without alterations or General additions or may from time to time refer the same for amendment to ~ c~ eme d the party submitting the same and in considering the sites at which e:t~:: :tee: weirs are to be constructed the Commission shall as far as practicable have regard to the suitability of the sites for the purpose of affording convenient off·takes for irrigation requirements. 22. (1) No work to be constructed under this Agreement shall Approvals be commenced until the Commission has approved of- . (a) the general scheme embracrng such work; ne?essary prIOr to commence. (b) the designs and estimates in respect of such work; and (c) such work being commenced. mweonrkts.of (2) Every work to be constructed under this Agreement shall be Works to be constructed in accordance with the general scheme embracing such ?onstructed work !l' n~ the designs in respect of such work approved by the ::cord CommIssIOn. approvals. 23. The Commission shall have full power to give direc~ iQAS to Directions secure the suitability durability and proper maintenance of works b~C.om. and the due observance of the provisions of this Agreement and in ~ SSIO~ as particular and without limiting the generality of the foregoing power 0 wor s.. to direct- (a) the commencement and order in point of time of the construction of works to be constructed under this Agreement;

404 WATER SUPPLY AND SEWERAGE. N.S. W.-Queensland Bm'del' Rivers Act. 11 GEO. VI. No. ] 6, (b) the rate of progress of works whether of construction or of maintenance; (c) the method and extent of maintenance of works; (d) if necessary what works shall be regarded as works of construction and what works shall be regarded as works of maintenance; and all such directions shall be carried out by the parties hereto respectively. Directions 24. The Commission shall have full power to give directions with g~ mmission respect to the operation and control of the whole of the works referred as to to in Clause 16 and with respect to the conditions under which such operation works shall be operated and with respect to the control of the and control Dumaresq Storage and in particular and without limiting the generality ° di~ swe hoarrkgsesand of the foregoing power to give directio . ns with respect to : - of water. (a) the storage or impounding of water by the works referred to in Clause 16 or any of them or by the Dumaresq Storage; (b) the times for and rates of discharge or release of water from the Dumaresq Storage; and (c) the times for and rates of discharge of water past each of the Weirs and Regulators referred to in Clause 16 ; and all such directions shall be carried out by the parties hereto respectively. Parties 25. A party hereto within whose State any of the works or any her~ ~ o to parts of the works referred to in Clause 16 are to be or are being or fcaoCnIshtrtuateetI. On. hcoanvterob11eeedn bcyonstthreucotetdheor r ptaarkteyn hoevreertoorormaWin. Ittha I ' i I n I e W d hoorseopSetraatteedt hoer Dumaresq Storage or any part thereof is to be controlled by the other party hereto shall grant to such other party or to such authority of such other party as may be authorised by such other party in that behalf all such powers licenses and permissions over or with respect to the territory of the party first mentioned in this Clause as may be necessary for the construction maintenance operation or control of such works or for the control of the Dumaresq Storage or for the exercise or performance of the powers or duties conferred or imposed upon such other party by this Agreement and each of the parties hereto shall take such steps either by acquiring lands or interests in lands or otherwise as may be necessary to enable it to carry out the provisions of this Clause. Estimated cost of works. PART IV-FINANCE. 26. The estimated cost of the several works mentioned in sub- clause (1) of Clause 16 and the Dumaresq Storage is as follows : - (a) The Dumaresq Dam and the Dumaresq Storage £1,000,000 (b) The New Weirs-12 at £10,000 each (Average) 120,000 (c) The Regulators-4 at £5,000 each (Average) 20,000 £1,140,000 Allocation of Costs. 27. (1) The salary fees or allowance and expenses of each Commissioner or Deputy Commissioner (other than the Chairman of the Commission or his Deputy) shall be paid by the party by whose Governor he was appointed.

WATER SUPPLY AND SEWERAGE. 405 1946. NB. W.-Queensland Border Rivers Act. (2) The following costs and expenses shall be borne by the parties hereto in equal shares :- (a) all costs and expenses of the Commission ; (b) the salary fees or allowance and the expenses of each Chairman and Deputy Chairman; (c) all amounts which either of the parties hereto may become liable to pay under the indemnities agreed to be given by Clause 10; (d) all costs and expenses incurred in carrying out the pro- visions of Clause 14 ; (e) the costs and expenses incurred by each of the parties hereto in carrying out the provisions of Clauses 17, 20, 21 and 25; (j) the cost of any examination and audit made pursuant to Clause 31 ; (g) all amounts of compensation paid by either of the parties Payment of hereto or by any authority constituted by either of the c? m~ ensa. partl·es heret 0 clor any damage occ'aSlOnedybor " arIsmg tDlOanm. a o g r e out of anything done by it under this Agreement but . only if the amount of such compensation has been fixed by a Court of competent jurisdiction or has been approved by the Commission; (h) all amounts paid by either of the parties hereto or by any authority constituted by either of the parties hereto in respect of or incidental to the acquisition of lands or interests in lands which it may become necessary to acquire for the purposes of this Agreement whether for compensa- tion money interest damages costs charges or expenses or otherwise howsoever. 28. (1) The Commission shall within six months after the date Estimates of upon which this Agreement comes into effect prepare and submit to Expenditure. each of the parties hereto a detailed estimate of the amount of money required during the period commencing on the date of the submission of such estimate and ending on the Thirtieth day of June then next ensuing (hereinafter called" the first period") to meet all expenditure during such period in respect of the matters mentioned or referred to in paragraphs (a) to (h) inclusive of subclause (2) of Clause 27. (2) The Commission shall in the month of March in each year commencing with the month of March immediately preceding the expiration ofthe first period prepare and submit to each of the parties hereto a detailed estimate of the amount of money required during the year commencing on the First day of July then next ensuing to meet all expenditure during that year in respect of the matters mentioned or referred to in paragraphs (a) to (h) inclusive of subclause (2) of Clause 27 PROVIDED ALWAYS that if this Agreement should not come into effect in sufficient time to permit of the prepara- tion and submission by the Commission to each of the parties hereto in the month of March immediately preceding the expiration of the first period of a detailed estimate in accordance with the provisions of this subclause in respect of the period of one year next ensuing after the expiration of the first period then in such case such estimate

406 WATER SUPPLY AND SEWERAGE. N.S. W.-Queensland Border Rivers Act. 11 GEO. VI. No. 16, in respect of such period of one year shall be prepared and submitted by the Commission to each of the parties hereto as soon as reasonably practicable after this Agreement comes into effect. (3) Each of the parties hereto shall after the submission to it of any such estimate as is mentioned in subclause (1) or subclause (2} of this Clause pay to the Commission one half of the amount of such estimate. The Commission at its option may in writing require such payment to be made either in one sum payable when directed by the Commission or by instalments of such amounts and payable at such times as the Commission shall from time to time direct PROVIDED ALWAYS that each of the parties hereto shall be allowed one calendar month at least from the submission to it of any request for a payment under this subclause within which to make such payment. PROVIDED FURTHER that the Commission shall not differentiate between the parties in respect of the times or the manner of the pay- ment of their respective shares" (4) If in the opinion of the Commission it is necessary in the first period or in any year commencing on the First day of July to meet in respect of any of the matters mentioned or referred to in paragraphs (a) to (h) inclusive of subclause (2) of Clause 27 any expenditure in excess of the amount set out in the estimate for that period or year the Commission shall prepare and submit to each of the parties hereto a detailed estimate of the amount of such excess expenditure and each of the parties hereto shall thereupon pay to the Commission one half of the amount of such excess. (5) Every such estimate shall show the manner in which it is proposed to expend the amount of such estimate. Payment by 29. In accordance with the estimates provided for in the next Commission preceding Clause of this Agreement the Commission shall to States. (a) in the first period pay to each of the parties hereto or to such authority or authorities constituted by such party as may be nominated by it to receive the same an amount sufficient to defray the expenditure of such party and its authorities during the first period in respect of the matters mentioned or referred to in paragraphs (c) to (h) inclusive of subclause (2) of Clause 27. (b) in each year commencing on the First day of July thereafter pay to each of the parties hereto or to such authority or authorities constituted by such party as may be nominated by it to receive the same an amount sufficient to defray the expenditure of such party and its authorities during that year in respect of the matters mentioned or referred to in paragraphs (c) to (h) inclusive of subclause (2) of Clause 27 ; and the amount to be paid by the Commission under this Clause to each of the parties hereto and/or its authorities in the first period or in any year commencing on the First day of July may be paid in one sum or by instalments from time to time and in making such payments the Commission shall have regard as far as practicable to the moneys required from time to time to defray the expenditure of such party and/or its authorities during the first period or during such year commencing on the First day of July as the case may be in respect of the matters mentioned or referred to in paragraphs (c) to (h) inclusive of subclause (2) of Clause 27.

WATER SUPPLY AND SEWERAGE. 407 1946. N.S.W.-Queensland Border Rivers Act. 30. Of the moneys paid to the Commission by the parties hereto Unexpended pursuant to this Agreement such balances as remain unexpended on balances. the Thirtieth day of June in any year shall be available for expenditure during the year commencing on the First day of July then next following. 31. The books accounts and vouchers of the Commission shall be Audit and examined and audited at least once in every year by the Auditors- inspection General of New South Wales and Queensland or such one of them as of books. may be agreed upon from time to time by the Premiers of New South Wales and Queensland and a report of the result of any examination and audit under this Clause shall be furnished to each of the parties hereto by the person making the same. A certificate by the Auditor- General making any such examination and audit as to the cost thereof shall be final and conclusive and binding upon the parties hereto and the Commission. 32. The Commission shall account to the parties hereto for all Commission moneys received by the Commission under or for the purposes of this to account. Agreement. PART V-DISTRIBUTION AND USE OF WATERS. 33. The water discharged from the Dumaresq Storage whether Apportion- by regulated flow or unregulated flow shall subject to the provisions ment of of this Agreement be available for use by the parties hereto in equal water. shares PROVIDED THAT: (a) if at any time it be found that the amount of water available for use by either of the parties hereto under the foregoing provisions of this Clause is in excess of the requirements of that party the Premier of that party may agree with the Premier of the other party hereto that the excess or any part of the excess shall subject to the provisions of this Agreement be thereafter available for use by such other party hereto and the water so discharged from the Dumaresq Storage shall thereafter but subject always to the provisions of this Agreement be available for use by the parties hereto in altered shares accordingly and the capital cost of the Dumaresq Dam and Dumaresq Storage as theretofore borne by and between the parties hereto (whether pursuant to Clause 27 of this Agreement or pursuant to a previous Agreement between the parties made under this paragraph (a)) shall thereupon be adjusted between the parties hereto so that the proportionate parts of such capital cost which shall be borne by the respective parties hereto shall be in the same proportion as the shares in which the water to be so discharged from the Dumaresq Storage is agreed to be thenceforth available to the said parties. The party hereto for whose use an additional quantity of water is by any such Agreement made available shall forthwith pay to the other party such sum as having regard to any previous adjustment of the said capital cost made under this paragraph (a) shall be requisite to give effect to the above provisions. (b) if in respect of any period of a year the amount of water available for use by either of the parties hereto under the foregoing provisions of this Clause or under any Agreement

408 WATER SUPPLY AND SEWERAGE. N.S. W.-Queensland Border Rivers Act. 11 GEO. VI. Ko. 16, made pursuant to paragraph (a) of this Clause is not by the Controlling Authority of that party considered sufficient to meet the requirements of that party during that period and the Controlling Authority of the other party hereto is willing to relinquish during that period a portion of the share available for use by such other party under the fore- going provisions of this Clause or under any Agreement made pursuant to paragraph (a) of this Clause the Con- trolling Authority which is willing to relinquish a portion of the share available for use by its State may agree with the Controlling Authority of the party requiring the additional water that such portion shall during such period of a year be available for use by the party requiring the additional water and the water available for use by the parties hereto under this Agreement shall during such period of a year be available for use by them in altered shares accordingly but no such Agreement shall be made (i) unless the Commission is of the opinion that the quantity of water available in the Dumaresq Storage is such as to permit of the altered arrangement; and (ii) except with the written consent of the Commission; AND with respect to any and every such Agreement made pursuant to this paragraph (b) the party requiring the additional water shall pay to the other party a sum equal to the difference between five (5) per centum of the pro- portion of the capital cost of the Dumaresq Dam and the Dumaresq Storage corresponding with the proportion of the water discharged from the Dumaresq Storage as aforesaid to which the party requiring the additional water would have been entitled but for the Agreement made pursuant to this paragraph (b) and five (5) per centum of the proportion of such capital cost corresponding with the increased proportion of water so discharged to which such last- mentioned party becomes entitled under the Agreement made pursuant to this paragraph (b). For the purposes of this Clause a certificate of the Chairman or Deputy Chairman of the Commission as to the amount of the capital cost of the Dumaresq Dam and the Dumaresq Storage shall be final and conclusive and binding upon the parties hereto. Rights of States to use water. 34. Each of the parties hereto may utilise the water which it is entitled to divert or use under or in pursuance of this Agreement for such purpose or purposes as it may deem fit and (subject to the provisions of this Agreement) may divert or authorise the diversion from the Carrier Rivers of whatever water it is entitled to take or divert from the Carrier Rivers at whatever point or points and by whatever means it may desire. Diversions upstream of Dumaresq Storage. 35. Any water diverted (a) by the controlling Authority of a State; or (b) under or pursuant to any license permit authority or approval; from the Dumaresq River upstream of the Dumaresq Storage or from any of the tributaries of the Dumaresq River upstream of that storage or from the Dumaresq Storage itself shall be regarded as part of the

WATER SUPPLY AND SEWERAGE. 409 1946. N.S.W.-Queensland Border Rivers Act. share of the State in which it is used or in which the lands to which it is applied are located and all such diversions shall be dealt with in the same manner as diversions from the Carrier Rivers. 36. The Commission in conjunction with the Controlling Losses of Authorities of the two States shall take such action as may be necessary water. to ascertain or assess the quantities of water lost whilst flowing in or passing down or being in the Carrier Rivers and whilst impounded by the weirs and regulators referred to in Clause 16 and the losses so ascertained or assessed are to be taken into account in respect of the division of the available flows having regard always to the points of diversion from the Carrier Rivers and the impoundings at the said weirs and regulators and such losses shall also be taken into account in respect of any waters passed into the Carrier Rivers from the tributaries to the same. 3? The Controlling Authority of each State shall from time to Determina. time as and when required by the Commission supply to the Commission tion of in respect of each year commencing on the First day of July particulars ;guIated of the flow or discharge from the Dumaresq Storage estimated by it ow. to be required by its State during each calendar month of that year and the Commission having regard to- (a) the particulars from time to time supplied to it by the Controlling Authority of each State pursuant to "this Clause; (b) what the Commission anticipates the requirements of the two States will be during succeeding months; (c) the quantity of water diverted or used by each of the States during the two consecutive calendar months immediately preceding the month in which the determina- tion hereinafter in this Clause referred to is made; (d) the quantity of water for the time being stored in the Dumaresq Storage; (e) the period of the year ; (f) prevailing weather conditions; and (g) such other considerations as may in the opinion of the Commission affect the matter; shall from time to time determine and direct at what rate or rates water shall be released or discharged from the Dumaresq Storage. 38. (1) If and whenever the quantity of water held in the Diversions Dumaresq Storage is in the opinion of the Commission not more than may.be d psuufrfpicoiseenst ttoowmn eaent d threailrweqauyirwemateenr tssufpoprlidesomane d stioct h aenrdpsutoblc l ' k C wpuartpeorisnegs cI ~ e ni s r t cc r eu lr m t a C . ~ ln normally met from the Dumaresq Storage and the Carrier Rivers stances. the Commission may by directions issued to the Controlling Authorities of the two States direct that all or any diversions of water for any other purposes shall until further notice cease or be reduced to such extent as may be specified by the Commission. (2) If and whenever the quantity of water held in the Dumaresq Storage is in the opinion of the Commission insufficient to meet the requirements for domestic and stock watering purposes town and railway water supplies and other public purposes normally met from the Dumaresq Storage and the Carrier Rivers the Commission may by directions issued to the Controlling Authorities of the two States

410 WATER SUPPLY AND SEWERAGE. }\'.S.W.-Queensland Border Rivers Act. 11 GEO. VI. No. 16, Enforcing directions to cease or reduce diversions. Height of water in and flow of water past Weirs and Regulators. direct that diversions for all or any of such purposes shall until further notice cease or be reduced to such extent as may be specified by the Commission. (3) If and whenever the Commission is of the opinion that the diversions of water by the Controlling Authority of a State or under or pursuant to licences permits authorities or approvals to divert water granted in that State have resulted or will result in the share of water to which that State is for the time being entitled under this Agreement or under any Agreement made pursuant to Clause 33 being exceeded the Commission may by a direction issued to the Controlling Authority of that State direct that such diversions shall until further notice be reduced to such extent as may be specified by the Commission. (4) The Controlling Authority of each State shall take all such steps as may be necessary to give effect to every direction issued to it under this Clause and in particular and without limiting the generality of the foregoing provision of this subclause the Controlling Authority of each State shall issue such directions to the holders of licences permits authorities and approvals to divert water granted in its State or some of such holders as may be necessary to give effect to every direction issued to such Controlling Authority under this Clause. (5) Each Controlling Authority shall also in the event of the holder of any licence permit authority or approval (granted in its State) to divert water from the Dumaresq Storage and/or from the Carrier Rivers failing to comply with a direction by such Controlling Authority to cease or to reduce or to limit or to restrict diversions from the Dumaresq Storage and/or the Carrier Rivers (whether such direction shall have been issued pursuant to or because of any direction of the Commission to such Controlling Authority or because of the fact that the quantity of water being diverted by or into its State was or was considered by such Controlling Authority likely to be in excess of the share of the water discharged from the Dumaresq Storage available for the use by that State) cancel or suspend such licence permit authority or approval. (6) Each of the parties hereto shall clothe its Controlling Authority with the powers necessary to enable such Controlling Authority to fulfil its obligations under this Clause but this subclause shall not be construed to limit or affect the right of a State to confer or impose on its Controlling Authority any rights powers and duties (not inconsistent with this Agreement) as that State may think fit. 39. (1) The Commission may from time to time determine the maximum height to which water may be held upstream of each of the Weirs and Regulators referred to in Clause 16-and all such determinations shall be observed by Queensland. (2) The Commission having regard to (a) the requirements along the full length of the Carrier Rivers; (b) the diversions from the part of the Carrier Rivers upstream of each Weir and each Regulator; and (c) losses of water along the Carrier Rivers and whilst impounded by the Weirs and Regulators referred to in Clause 16; may direct what proportions of the regulated flow shall be allowed to pass each Weir and each Regulator referred to in Clause 16 and all such directions shall be carried out by Queensland.

1946. WATER SUPPLY AND SEWERAGE. N.S.W.-Queensland Border Rivers Act. 411 40. Any flow of water which the Controlling Authority for the Delive:y of State of New South Wales may from time to time request the Commis- ; atersillt~ h sion to deliver to the part of the Barwon River downstream of the ~ Jes ~ ~ low point on the Barwon River downstream of Mungindi where that Carrier River reaches the 29th parallel of south latitude whether it comprise Rivers. all or any part of its share of the regulated flow from the Dumaresq Storage or water discharged from New South Wales tributaries to the Carrier Rivers (either from natural flows in such tributaries or regulated flows from any conserving works or storages on such tributaries) shall subject to the losses of water in transmission in the Carrier Rivers be permitted to pass the point on the Barwon River downstream of Mungindi where that river reaches the 29th parallel of south latitude. 41. Any water which flows to and passes the point on the Barwon Surplus River downstream of Mungindi where the Barwon River reaches the water. 29th parallel of south latitude shall be then beyond the control of the Commission and the only part of such water which shall be taken into account in arriving at the respective shares of water to be made available for use by the parties hereto under this Agreement shall be that part of New South Wales's share of the regulated flow from the Dumaresq Storage which is permitted to pass the said point at the request of New South Wales under Clause 40. 42. Each of the parties hereto shall have full right and liberty Waters of as it may deem fit to conserve and to divert and use or authorise the Tributaries diversion and use of the waters of all rivers within its territory dOWIlBtream tributary to the Carrier Rivers downstream of the Dumaresq Dam and ~ ~ Du;aresq may cause the whole or any part of such waters to flow into and along ora . the Carrier Rivers or partly along the same and subject to losses being taken into account as provided by Clause 36 may divert and use or authorise the diversion and use for any purpose and at any place from the Carrier Rivers of a quantity of water equivalent to the quantity of water caused to flow into the Carrier Rivers as aforesaid and the waters so diverted or authorised to be diverted shall in no way be regarded as part of the water to be shared between the parties hereto under the terms of this Agreement. PART VI-LICENCES AND PERMITS. 43. The Controlling Authority of each State may divert and use Diversions or permit diversions and use of water from the Carrier Rivers and to be from the Dumaresq River upstream of the Dumaresq Storage and from ~uthorised t f hroemtrtibhuetaDruiems aorfestqheStDouramgaereI. stsqe I R f ibvuert u 0 p n syt l re · mamaoccfotrhdaatncsetorWa. glteh atnhde iawlclictohrdSatantcee provisions of the Acts and Regulations in that behalf from time to law. time in force in that State. 44. The Controlling Authority of each State Returns to (a) shall within six months after this Agreement comes into be surp~ied effect supply to the Commission a return containing such of ~ xr~ illg parti?ulars as ~h.e Commission may r~ quire of all licences ~ht: t: e permIts authoritIeS or approvals to dIvert water from the divert and Border Rivers and from any tributaries of the Dumaresq of . River and in force in its State at the end of the calendar can?ellatlOus month l.mmed·late1y preceding t he cIa edn ar month durm. g of rIghts. which such return is supplied;

412 WATER SUPPLY AND SEWERAGE. N.S. W.-Queensland Border Rivers Act. 11 GEO. VI. No. 16, (b) shall during each calendar month following the calendar month during which the return referred to in the preceding paragraph (a) is supplied up to and including the month following the month in which the site of the Dumaresq Storage shall be approved of by the Commission supply to the Commission a return containing such particulars as the Commission may require of all additional licences permits authorities or approvals to divert water from the Border Rivers and from the tributaries of the Dumaresq River and granted in its State during the preceding calendar month; (c) shall during each calendar -month following the calendar month during which the last of the returns referred to in the preceding paragraph (b) is required by that paragraph to be supplied supply to the Commission a return containing such particulars as the Commission may require of all additional licences permits authorities or approvals to divert water from the Carrier Rivers and from the Dumaresq River upstream of the site of the Dumaresq Storage and from any tributaries of the Dumaresq River upstream of that site and from the Dumaresq Storage itself and granted in its State during the preceding calendar month; (d) shall within fourteen days of the cancellation or lapsing of any such licence permit authority or approval as is mentioned in paragraphs (a) (b) and (c) of this Clause notify the Commission of such cancellation or lapsing. Returns to be supplied of diversions. 45. The Controlling Authority of each State shall from time to time as and when required by the Commission supply to the Commission returns containing such particulars as the Commission may require and covering such periods as may be stipulated by the Commission of the quantities of water diverted from the Carrier Rivers and from the Dumaresq River upstream of the site of the Dumaresq Storage and from any tributaries of the Dumaresq River upstream of that site and from the Dumaresq Storage itself by the Controlling Authority or under or pursuant to each licence permit authority or approval granted in its State. Generation of Electricity. PART VII-ELECTRICITY UNDERTAKING. 46. Subject to the laws of a State relating to the generation and supply of electricity in that State the Commission may arrange with any Electricity Authority of either of the two States or with any Electricity Authorities of both States acting in conjunction for the utilisation of the water flowing or being discharged from or past any of the works referred to in Clause 16 for the purpose of generating electricity upon such terms and conditions as the Commission shall think proper PROVIDED ALWAYS that it shall be a term of any such arrangement that the flow or discharge of water from or past the work or works concerned shall at all times be under the control of the Commission and that the electricity generated shall be available for use by the parties hereto in equal shares or in such other shares and proportions as may at any time or from time to time be agreed upon between the Premiers of New South Wales and Queensland and no arrangement shall be entered into which provides for or contemplates

WATER SUPPLY AND SEWERAGE. 413 1946. N.S.W.-Qu.eensland Border Rivers Act. the flow or discharge of water from or past any work or works at any time in excess of the quantities or at greater rates than would be required for the purposes of and in conformity with this Agreement had no such arrangement been entered into. PART VIII-MISCELLANEOUS. 47. Each of the parties hereto shall from time to time as and Furnishing when required by the Commission furnish to the Commission all such information other information and particulars as the Commission may require for andt , ul S the purposes of this Agreement and as such party is able to furnish. par lC ar. 48. Any opinion to be formed by the Commission under any Opinio~8, of provision of this Agreement may be formed by it on such materials ComlmSSIOn. as it may think sufficient and in such cases the Commission shall be deemed to be exercising merely administrative functions. 49. The Act ratifying this Agreement by the Parliament of each Spec! a~ State shall- prOVISIOns ( a ) prOVl' de t hat notwl' thstandm' g anythm' g contam, ed'm any itnosbereted in Act of Parliament ofthe enacting State relating to industrial Ratifying arbitration or in any award or agreement made thereunder Acts. or pursuant thereto it shall be lawful for the other State in constructing maintaining operating or controlling in the enacting State any work required to be constructed maintained operated or controlled by such other State under this Agreement to observe the same conditions and pay the same wages as would prevail if such construction main- tenance operation or control were being undertaken in such other State; (b) contain provisions in or to the effect of the provisions contained in Sections 19, 20 and 21 of the River Murray Waters Act, 1915 of the State of New South Wales. 50. The marginal notes placed opposite the several Clauses of Marginal this Agreement and indicating or purporting to indicate the contents notes. or objects of such Clauses respectively shall not be taken as part of this Agreement or in any manner affect the construction hereof or of any Clause or thing herein contained. PART IX-INTERPRETATION. 51. In this Agreement save where inconsistent with the context: " Auditor-General" shall include the person acting as such for the time being. "Border Rivers" means the parts of the Severn Dumaresq Macintyre and Barwon Rivers constituting part of the boundary between the States of New South Wales and Queensland, "Carrier Rivers" means the parts of the Severn Dumaresq Macintyre and Barwon Rivers constituting part of the boundary between the States of New South Wales and Queensland and located between the site on the Dumaresq River of the Dam referred to in this Agreement as the "Dumaresq Dam" and the point on the Barwon River downstream of Mungindi where the Barwon River reaches the 29th parallel of south latitude.

'414 WATER SUPPLY AND SEWERAGE. N.S. W.-Queensland Border Rivers Act. 11 GEO. VI. No. 16, 1946. " Chief Justice" includes the person for the time being acting as such. " Controlling Authority" where used in reference to a State means any Government Department or Authority of that State which under the laws of that State is authorised or required to exercise the powers and fulfil the obligations by this Agreement conferred or imposed upon a Controlling Authority. "Diversion" includes abstraction impounding and appropria- tion of water that diminishes or retards the volume of flow of a river. " Governor" where used in reference to a State means Governor with the advice of the Executive Council of that State and shall include the person for the time being lawfully administering the Government of that State. •, Land" includes Crown Lands and buildings messuages tenements and hereditaments of any tenure and any easement right or privilege in over or affecting any land. " Maintenance" includes repairs and improvements. " Person" includes a corporation. " Premier" includes the Minister of the State for the time being acting as such. " River" and "Tributary" respectively include any affluent effluent creek anabranch or extension of and any lake or lagoon connected with the river or tributary. IN WITNESS WHEREOF the Premiers of the States of New South Wales and Queensland have hereunto set their hands and seals the day and year first above written. SIGNED SEALED and DELIVERED by 1 J THE HONOURABLE the Premier of the State of New South Wales for and on behalf of that State (but so as not to incur any personal l liability) in the presence of SIGNED SEALED and DELIVERED by THE HONOURABLE EDWARD MICHAEL HANLON the Premier of the State of Queensland for and on ~ J behalf of that State (but so as not to incur any personal liability) in the presence of WHEAT INDUSTRY STABILISATION. See AGRICULTURE. WORKERS' COMPENSATION. See LABOUR.