New South Wales–Queensland Border Rivers Amendment Act 2001 (Qld)

Queensland NEW SOUTH WALES–QUEENSLAND BORDER RIVERS AMENDMENT ACT 2001 Act No. 55 of 2001

Queensland NEW SOUTH WALES–QUEENSLAND BORDER RIVERS AMENDMENT ACT 2001 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 5 (Ratification of agreements) . . . . . . . . . . . . . . . . . . . . . . 4 5 Amendment of sch 2 (New South Wales–Queensland Border Rivers Agreement 1968). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Amendment of sch 3 (New South Wales–Queensland Border Rivers Agreement 1993). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Insertion of new sch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SCHEDULE 4 THIRD AMENDING AGREEMENT SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 9 MINOR AMENDMENTS

Queensland New South Wales–Queensland Border Rivers Amendment Act 2001 Act No. 55 of 2001 An Act to amend the New South Wales–Queensland Border RiversAct 1946 [Assented to 16 August 2001]

s1 4 New South Wales–Queensland Border Rivers Amendment Act 2001 The Parliament of Queensland enacts— s4 No. 55, 2001 1 Short title This Act may be cited as the New South Wales–Queensland Border Rivers Amendment Act 2001 . 2 Act amended This Act amends the NewSouthWales–QueenslandBorderRiversAct 1946 . 3 Amendment of s 4 (Interpretation) (1) Section 4, heading— omit, insert— ‘4 Definitions’. (2) Section 4— insert— ‘ “third amending agreement” means the agreement a copy of which is in schedule 4.’. (3) Section 4, definition “agreement” — insert— ‘(c) the third amending agreement.’. 4 Amendment of s 5 (Ratification of agreements) Section 5— insert— ‘(d) the third amending agreement.’.

s5 5 s7 New South Wales–Queensland Border Rivers Amendment Act 2001 No. 55, 2001 5 Amendment of sch 2 (New South Wales–Queensland Border Rivers Agreement 1968) Schedule 2, title— omit, insert— ‘FIRST AMENDING AGREEMENT section 4, definition “first amending agreement” ’. 6 Amendment of sch 3 (New South Wales–Queensland Border Rivers Agreement 1993) Schedule 3, title— omit, insert— ‘SECOND AMENDING AGREEMENT section 4, definition “second amending agreement” ’. 7 Insertion of new sch 4 After schedule 3— insert— ‘SCHEDULE 4 ‘THIRD AMENDING AGREEMENT section 4, definition “third amending agreement” AN AGREEMENT made on between THE STATE OF NEW SOUTH WALES and THE STATE OF QUEENSLAND.

s7 6 s7 New South Wales–Queensland Border Rivers Amendment Act 2001 No. 55, 2001 WHEREAS— (a) an agreement was made between the States on 27 November 1946 (the “original agreement” ) that was approved and ratified under— (i) the New South Wales–Queensland Border Rivers Act 1947 of the State of New South Wales; and (ii) the New South Wales–Queensland Border Rivers Act 1946 of the State of Queensland; and (b) an agreement amending the original agreement was made between the States on 4 November 1968 (the “first amending agreement” ) that was approved and ratified under— (i) the NewSouthWales–QueenslandBorderRivers(Amendment)Act1968 of the State of New South Wales; and (ii) the NewSouthWales–QueenslandBorderRiversActAmendment Act 1968 of the State of Queensland; and (c) an agreement amending the original agreement as amended by the first amending agreement was made between the States on 15 March 1993 (the “second amending agreement” ) that was approved and ratified under— (i) the NewSouthWales–QueenslandBorderRivers(Amendment)Act1993 of the State of New South Wales; and (ii) the New South Wales–Queensland Border Rivers Act Amendment Act 1993 of the State of Queensland; and (d) the States desire to make further amendments of the original agreement as amended by the first amending agreement and the second amending agreement. NOW IT IS AGREED as follows—

s7 7 s7 New South Wales–Queensland Border Rivers Amendment Act 2001 No. 55, 2001 PART 1—PRINCIPAL AGREEMENT 1 Definition In this agreement— “principal agreement” means the original agreement as amended by the first amending agreement and the second amending agreement. 2 Binding of States The principal agreement continues to bind the States subject to the amendments of the principal agreement made by this agreement. PART 2—RATIFICATION OF AGREEMENT 3 Ratification (1) This agreement— (a) is subject to ratification by the Parliaments of the States; and (b) comes into effect when so ratified. (2) Each State is to take all practicable steps to have this agreement ratified. PART 3—AMENDMENT OF PRINCIPAL AGREEMENT 4 Amended agreement The principal agreement is amended as set out in this agreement. 5 Amendment of clause 37 (Determination of anticipated available quantity) Clause 37(2)—

s7 8 s7 New South Wales–Queensland Border Rivers Amendment Act 2001 No. 55, 2001 omit subclause and insert the following new subclause. “ (2) In determining the supply of water a party hereto is, for any complete year, entitled, the Commission may allocate to that party any part of the supply of water to which that party was entitled in respect of any previous period of time and which was not expended by that party.”. IN WITNESS WHEREOF the Premiers of the States of New South Wales and Queensland have hereunto set their hands the day and year first hereinbefore written SIGNED SEALED AND DELIVERED by the Honourable ROBERT JOHN CARR the Premier of the State of New South Wales for and on behalf of that State (but so as not to incur any personal liability) in the presence of: R. CARR (Signed) SIGNED SEALED AND DELIVERED by The Honourable PETER BEATTIE the Premier of the State of Queensland for and on behalf of that State (but so as not to incur any personal liability) in the presence of:’. P. BEATTIE (Signed)

9 New South Wales–Queensland Border Rivers Amendment Act 2001 SCHEDULE No. 55, 2001 MINOR AMENDMENTS section 2 1 Heading before section 1— omit, insert— ‘PART 1—PRELIMINARY’. 2 Heading after section 4— omit, insert— ‘PART 2—AGREEMENTS’. 3 Heading after section 5A— omit, insert— ‘PART 3—POWERS AND DUTIES OF THE COMMISSION’. 4 Heading after section 13— omit, insert— ‘PART 4—CONSTRUCTION AND MAINTENANCE OF WORKS AND ACQUISITION OF LAND’. 5 Heading after section 16— omit, insert— ‘PART 5—COMPENSATION FOR DAMAGE BY WORKS ’.

10 New South Wales–Queensland Border Rivers Amendment Act 2001 No. 55, 2001 SCHEDULE (continued) 6 Heading after section 21— omit, insert— ‘PART 6—REGULATIONS BY GOVERNOR IN COUNCIL’. 7 Section 22, heading— omit, insert— ‘22 Regulation–making power’. 8 Section 22, ‘Governor’— omit, insert— ‘Governor in Council’. 9 Heading after section 22— omit, insert— ‘PART 7—MISCELLANEOUS PROVISIONS’. 10 Heading after section 23— omit. © State of Queensland 2001