River Murray Waters Act 1915 (NSW)

146                  RiVer Murray Waters A ct

RIVEE MURRAY WATERS ACT.

Act No. 8, 1915.

George V, A.n Act to ratify and provide for carrying out an

No. 8. agreement entered into between the Prime Minister of the Commonwealth of Australia and the Premiers of the States of New

.	South Wales, Victoria, and South Australia respecting the River Murray and Lake
;	Victoria and other waters; and for other purposes. [Assented to, 17th February, 1915.]

Preamble.	W J HEREAS the Prime Minister of the Common-
- V V wealth of Australia and the Premiers of the
States of NeAv South "Wales, Victoria, and South Australia have entered into the agreement, a copy of which is set out in the Schedule, subject to ratification by the Parliament of the Commonwealtli and the Parliaments of the said States ; And whereas it is desirable to ratify and to 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 Council and Legislative Assembly of New South "Wales in Parliament assembled, and by the authority of the same, as follow s:—

Preliminary.

Short title. 1. This Act may he cited as the “ River Murray

M^aters Act, 1915.”

Act to bind

the Crown.	2. This Act shall hind the Crown.
Commence­	3. (i) This Act shall come into force on a day to be

ment.

fixed by proclamation of the GoA'ernor published in the

Gazette.

■ (2 )

River Murray Waters Act. 147

(2) The Governor may not make siidi proclama- iSeoî e V,

tion unless lie is satisfied that the Parliament ol‘ the

No. 8.

Common’wcalth and the Parliannmt of eacli of the said

States iias passed an Act ratifying the agri'emcnt.

- 4 . In tliis Act, unless inconsistent with the context literpreia-

or subject-matter—

■ “ Constructing Authority ” means the contracting

• Government or Governments hy wiiicli any

'	works under this Act are constructed, or to he
■	constructed, and any authority constituted or appointed for the pur[)ose of such constiaiction.

' “ Contracting Government means any Govmm-

rnent which is a party to the agroememt.

“ Diversions ” includes ahstractions, imjioimdings, and appropriations of water that diminish or retard the volume of flow of a river.

“ Government Gazette ” means the Commonw ealth

of Australia Giizette, or the Government

Gazette of the iStatc of New South "Wales,

"

"Ndetoria, or South Australia (as the case may

require).

“ Governor-in-Cotincil ” means Governor with the

advice of the Executive Council.

•	“ Governor-General dll Council” means Governor- General Avitli th(' advice of the Executive Council.
■	'	“ Land ” includes Crowm lands and huildings, messuages, ttmements, and hereditaments of

'

any tenure, and any easement, right, or

privilege in, over, or affecting any land.

“ Maintenance” includes repairs and (except in

• section twenty-four hereof) improvements.

“ Purposes of this Act ” includes purposes of the

' agreement.

“ Prescribed ” means prescribed hy this Act or hy regulations pursuant to this Act.

■

“ Proclamation ” means proclamation hy the

■

Governor-General published in the Common­

wealth of Australia Gaz<>tte, or hy tlu' Governor

•	’	in Council of the State of N oav South "Wales,
.	"Victoria, or South Australia, published in the
,	Government Gazette of that State.

,, , “ R iver”

148                  River Murray Waters Act.

George V, “ R iver” and “ Tributary” include, respectively,

No. 8. any affluent, effluent, creek, anabranch, or extension of, and any lake or lagoon connected with, the river or tributary.

“ The agreement” means the agreement, a copy of

which is set out in the Schedule.

“ The Commission ” means the River Murray Com­

mission appointed for the purposes of this Act.

“ The Schedule ” means the Schedule to this Act. “ Under this A c t” includes under the agreement.

Ratification ofi the agreement.

lliitification 5. Subject to this Act the agreement is hereby

of agreement, j-^tified and approved, and shall take effect on the

coming into force of this Act.

Roicers and duties ofi the Commission.

Regulations 6. (1) The Commission may make regulations—•

made by

Commission. (a) Ror or relating to—

(i)     the times and places of its meetings ;

(ii)  the election of a chairman to preside in the absence of the President of the Commission;

(iii) the conduct of its proceedings;

(iv)  tlie 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;

(v)   the mode of making and the management and carrying out of contracts of the Commission ;

(b) Prescribing—■

(i)   what business shall be deemed formal for the purposes of the agreement;

(ii)  tolls, pursuant to this Act, that may be demanded and received in respect of vessels.

(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 Commonwealth of Australia Gazette, and in the Government Gazette of each of the States of

New

River Murray Waters Aet. 149

New South "Wales, Victoria, and South Australia, shall C'corge V,

take eftcct from the date of the last of such puhlications,

or from a later date speeifted in the regulation.

(3) In addition, regulations under paragraphs (h) and (c) of subsection one of this section shall ho laid before both Houses of Parliament of the Commonw('alth and of each of the said States within fourteen days after the date of the latest publication thereof as aforesaid, or, in the case of any Parliament not then sitting, within four­ teen days after the next meeting of that Parliament. .Put if each House of any such Parliament passes a resolution (of which notice has been given in each House at any time within fourteen sitting days after such regulations have been laid before such House) disallowing such regula­ tions, such regulations shall thereupon cease tohavectfect.

7. The regulations of the Commission made and to To have force

take eifect pursuant to this Act shall have the force of

law.

8. The production of a document purporting to he e iiionce of

a copy of any such regulation, and to he signed hy a Commissioner or the Secretary of the Commission, or of a Government Gazette in which such regulation was published, shall he jndma facie evidence that such regulation was made and is in force.

9. Por the purposes of this Act the Commission Entry on

and any person authorised hy the Commission may enter com.mssion

any lands and shall have free access to all works.

10. The Commission or a Commissioner mar he Writ to

compelled, l)v mandamus or other writ issuing from uiee

the Commission or the Commissioner (as the case may he) undt'r this Act.

the Supreme Court of any of the said States, or (so of .luty of

far as the High Court of Australia has or may he in­

vested with jurisdiction in the matter) from the High

1 1 . Suhjt'ct to this Act and the agreement, the Onina of the

orders, determinations, decisions, and declarations of charge of its duties, shall hind the Government and all persons and corporations; and may he made a rule or order of the Supreme Court and shall be enforceable accordingly.

150                  River Murray Waters Act.

George V, 1 2 . Every minute or record of tlic proceedings of

No. 8. the Commission, if signed by the Commissioners, or a

Evidence of	copy thereof certified as correct under the hand of a
records of
Commission.	Commissioner or the secretary of the Commission, shall be presumed to be correct until the contrary is proved. '
Saving of	1 3 . The existing and accruing rights of a person in the public service 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 ser­ vant shall count as service in the public service of New
rights of
State officers.
South Wales. '
Construction and maintenance o f works and acquisition

o f land.

Oonatruotion	14. Subject to this Act and the agreement, the
of works

authorised. construction in New South Wales of any of the works therein referred to is hereby authorised ; and any such work shall be an authorised work within the meaning of the Public Works Act, 1912. But section thirty-four of the said Act shall not apply in respect of any such work.

Construction,	15. (1) The construction, maintenance, operation,
&c., of works

by Govern-	and control, pursuant to this Act and the agreement, of
mentof New	works by or on behalf of the Government of New South
South Wales.	Wales shall be carried out by the Minister for Public
"Works. . ,

Constructing • (2) Por the purposes of such construction the

authority.

said Minister shall be the constructing authority withii^

the meaning of the Public "Works Act, 1912.

Acquisition

. (3) Land required for such works may, under

of land.

and subject to the said Act, be appropriated, resumed,

or purchased by the Governor. ,

Construction,

1 6 . Eor the purpose of the construction, mainten­ the agreement, of Ai orks by or on behalf of any con­ tracting Government other than the Government of New South M^ales—■ ,• }

&c., of works

by other

ance, operation, and control, pursuant to this Act and

Governments.

(a) such Government, or any authority or person thereto authorised by it, may exercise the like powers and privileges, but subject to the like conditions, as the Minister for Public "Works

, may

River Murray Waters Act. 161

■	may exercise for the construction, maintenance, George V,
'	operation, and control of works under this Act hy or on behalf of the Government of New South Wales ; and for the purpose of such

;! :' construction shall he the constructing authority

■ ■ Avithin tlie meaning of the Public AVorks Act,

- : ; 1 D 1 2 .

■

(Ii) t'iie Governor, at tlie request of such Govern­

ment, may under tlie Public APorks Act, 11)12,

■	'	appropriate, resume, or purchase land required
'	for such AA'Orks.

" 1 7 . Any loan raised hy the GoA'ernor for the pmqAose inicnbed

of. purchasing or resuming land, or constructing or carrying out works under tliis Aet, shall be a loan for the public service of New South A^Ales within the meaning of the Inscribed Stock Act, l ‘J02.

’ ' . Lake Victoria.

18.         Tliq lands mentioned in Schedule • B to the Vesting of

agreement are hereby vested in South Australia for an s'outh"'

estate of fee-simple, and may, subject to the conditions Australia,

expressed in the agreement, be granted or traiisrerred

to,any: person ajipointed in that behalf by the Govern­

ment of the said State.

: Compensation fo r damage h)j works.

1 9 .          No action, claim, or other proceeding for com- Notice to bo

pensation for damage occasioned by tlie construction or f(,tTon'for maintenance of Avorks under this Act shall be maintain- compensa- •1 I I ti(>n.

able unless—

, (a) notice in writing stating the nature and extent qf the damage complained of has been furnished to the constructing authority Avithin six months

: ,

, ' after tbc damage in respect of Avhich the

’ ,' , notice is given has been occasioned ; and

■ (b) after giving the notice the person claiming compensation proceeds Avithout unreasonable delay to obtain such compensation.

; 2 0 .

152                  River Murray Waters Act.

George V, 2 0 . In determining wlietlier any and wliat compen­

No. 8. sation for such damage is to be made, the court shall in

Rules to be

applied in	each case have regard to and is hereby empowered and
determining	directed to apply the following principles ;—
compensa­

tion. No compensation shall he awarded save in respect

AVatcr Act	of some item set forth in the notice in writing
(Vic.), 1905,
s. 238.	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 diminu­ tion or deterioration of the supply of water to which any person may he 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 he made for the taking or diverting of any water which the constructing authority is empowered hy or under this Act to take or divert, either permanently or tem­ porarily, from any river, creek, stream, or watercourse, lake, lagoon, swamp, or marsh.

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 hy or become available to such claimant hy reason of the construction or use of such works; and a deduction sliall be made accordingly from the amount which, hut for this provision, would have been paid or 2>ayable as compensation.

The measure of damages shall in all cases he the direct pecuniary injury to the claimant by the loss of sometbing of substantial benefit accrued or accruing, and shall not include remote, indirect, or speculative damages.

Where

River Murray Waters Act. 153

IVl ero the injury complained of appears to l)e Cecrge V,

of a permanent or continuing character, or

No. 8.

likely to he repeated, a sum may be awardi'd which the court may declare to he a compen­ sation for all injury, loss, or damage sustaim'd ill respect of the matter complained of to tin- date of the hringing of tlie action, and also for all future injury, loss, or damage in ies|)ect, of the same matti-r; and after such award no further compensation shall he made in respect of any such future injury, loss, or damage.

2 1 . J f compensat ion is sought to he n-coven-d for stay < f pio-

any such injury alh-ged to be the result of the execution

of works which at the time of the alleged injury and of	nof
incom])lete, it shall he lawful for any judge of the'\
the claim to compt-nsation in respect thereof a:-e authority, made Avithout action, and cither hy summons or by motion upon notice to the claimant for eomjiensa- tion, to make an order directing that the jn-oceedings upon the claim for compensation shall he stayed until the completion of such Avorks or for such ])criod to be stated in the order as the judge may consider sufllcient for the completion of such AA'orks, and the proceedings to recover such com])ensation shall ho stayed accordingly ; hut at the expiration of the stay limited in such order the claimant shall he at liberty to resume his pro­ ceedings for the rccov(-ry of such compensation Avithout commencing any fresh proceedings.

22. "Where such compensation is sought to he Compensation

recovered in respect of any acts causing or likely to

cause the same kind of injury to the same property, and reversion,

such acts may injure interests in reversion as avoII as in Act

possession in such property, the person claiming corn- i ' 240.’

pensation shall, before any sum is aAvarded as compensa­

tion, 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 he

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, Avhether they

have receiA'ed sucli notice or not, avIio may aiip-'-ar

before

154                  River Murray Waters Act.

George V, before the court sliall be entitled to be beard on behalf

No. 8.

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 sncli other persons in such manner in all respects as to such court may seem fit the amounts to he received hy 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 he received by such claimant or other persons, and shall he 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 heen awarded or apportioned as aforesaid shall have all such remedies and means of recovering the said sum from the con­ structing authority against which the claim has been made as though such person had originally heen a plaintiff in the action in which such award or apportion­ ment has heen so made.

Tolls.

Prescribed 23. A Contracting government or any authority oi tolls may be pei’sou thereto authorised having pursuant to the agree­

ment the control of any lock may from time to time demand and receive in respect of vessels carrying freight passing through such lock the tolls prescribed by regulations made hy the Commission.

For lock- 24. Tolls shall not he prescribed, demanded, or re-

mTintenance ccivcd exccpt towai'ds the cost of lock-keeping and the

only. maintenance of navigation works under this Act, nor in

respect of that portion of the limits defined by the agreement, the navigability of Avhich is not substantially improved or made permanent hy works under this Act.

Maximum 25. The tolls prescribed shall not exceed—

tolls.

(a) sixpence per ton of the freight for every hundred miles, or part of a hundred miles, up to the first two hundred m iles; or

(b)

River Murray Waters Act. 155-

(1)) foui’peiico ])or ton of tlie freight for every George V, liiinclred miles or part of a liundreci miles after No. 8.

tbc first two hundred miles of the distance for

which such freight is consigned or carried ;

Provided that an excess of less than twenty-five miles on a distance of a hundred, or any multiple of a hundred miles, shall not he taken into account in com­ puting the toll.

Urgulations made hy Governor. ,

26. (1) The Governor may, for carrying out any of R<gniations

the purposes of this Act for Avhich the Commission is Onvoruor.

not empowered to make regulations, make ri'gulations

and provide a penalty not exceeding fifty pounds for

any hreach thereof.

(2) All snch regulations shall—

(a) he published in the Gazette ;

(h) take effect from the date of such publication, or

,

from a later date specified in the regulations;

and

(c) he laid ludbre both House's of Parliament within fourteen days after such pulilication, or if Par­ liament is not then sitting, within fourteen days after the next meeting of Parliament.

(3) If ('ithor House of Parliament passes a reso­ lution (of which notice is given at any date within fonr- teen sitting days after snch regulations have been laid before snch House) disallowing any regulations, snch regulations shall thereu2)on cease to have effect.

Appointment o f Commissioner and Deputy.

2 7 . The Governor may, under this Act, ap^wint a Appointment

Commissioner and a Deputy Commissioner, who shall resp(!ctivelv be paid such salaries (if anv) as may be deputy Com- provided t)v Parliament.

Miscellaneous.

28. Xothing in the Water Act, 1912, shall affect v.’atcr Act to

the exercise of any powers conferred hy the agreement j(c(to'the'̂ or by this Act, and the first mentioned Act shall be read a.peemcnt.

subject to the agreement. 2 9 .

15G	Rhrer Murray Waters Act.
George V,	29. Every person wlio unlawfully and maliciously

No. 8. destroys or damages, or attempts to destroy or damage,

Penalty for

injuring	any works or portion of works under this Act shall in
works.	addition to any penalty provided by regulations under this Act he liable on conviction to imprisonment with hard labour for anv term not cxceedinsr ten vears. f O t-

Evidence of 30. A document signed by and purporting to contain

arbitrator’s (Iiq decisiou of ail arbitrator appointed under the pro­

'

visions of the agreement shall be evidence of such

decision.

Exemption 31. No rates, taxes, or charges whatsoever (whether

from rates

and taxes.	local government or not) shall be imjiosed, made, or levied, in respect of any works under this Act, or in respect of any land or other property held by any con­ tracting Government or constructing authority for the purposes of such works.
Recovery of
penalties.	3 2 . All penalties for offences against or breaches of any regulations made under this Act may be recovered in a summary way before a stipendiary or police magis­ trate or any two justices of the peace in petty sessions.

Reports to be 33. All rcpoi’ts, statements, and estimates received

îî der this Act by the Governor shall be laid before both

ar lamen . i^arliaiiicnt witliout delay.

SCHEDULE.

River Murray Waters Act. loT

George V,

No. 8.

SCHEDULE.

T in-; ACKEK.M ENT.

AoiiKK.MUNT inadi; the 7iinth (lay of .September, oiu' thousand nine huii'lred and fourteen, betueeu the E igh t Honorable Joseph Cook, P iinie M inister of tlie Commonwealth of A ustralia, for ami on behalf of the Commonwealth of the first jjart ; the Honorable M'illiam .\i 'tliu r Holman, Prem ier of the S tate of Zsew South Wales, for and on behalf of th a t S tate, of the second p art ; the Hop.orabl(' Sir A lexander Jam es P(>acoek, K.C.M.G., Premiei' of the S tate of Victoria, for and on behalf of th a t S tate , of the third p a r t ; and th(( Honorabhi Arctiibidd H enry Pealce, Prem ier of the S tate of South A ustralia, for and on behalf of th a t S tate, of th e foui'th pa,rt.

W hereas certain resolutions have from time to tim e been agreed to and agreements ent(‘i’ed into by the Premiers for the time being for the S tates of New South Wales, V ictoria, and South A ustralia, with regard to the R iver M urray and its Irihularies, including an agreement bearing date the eleventh da v of November, one thousand nine hundred and eight, and an agreement relating to works therein described as tlie Lake C'ietoria AVmrks, and bearing date the fifth daj’ of January , one thousand nine hundred and tw ehe, none of which agreements has been ratified by Parliam ent.

A nd wbercas a t a Conference between tlu ' Prim e IMinister of the CoinnionwcaltlL of A ustralia and the Prem iers of the said States, held on the seventh clay of April, one thousand nitie hundred and fourteen, certain resolutions were agiec'd to with a view to the economical use of the waters of tlie R iver M urray and its tributaries, for irrigation and navigation, and to the reconciling of the interests of thi' Commonwealth and the rijiarian States :

. \n d whereas in order to carry into ell’ect the last mentioned resolutions it is deemed desirable to enter into this Agreement.

Now it is hereby agreed as follows:—

I .— llA T iFIC A T lO N AND ENFORCEM ENT.

1. This A greem ent is substitu ted for the said rc'cited agreements Substitution, bearing date the eleventh day of November, one thousand nine ratification, hundred and eight, and the fifth daj" of January , oni' thousand nine

hundred and twelve, respectively ; and is subject to ratiheation liy the Parliam ents of tlie Commonwc'alth, and of the States of New South Wales, V ictoria, and South A ustralia ; and shall come into ell'ect when •so ratified.

158                  River Murray Waters Act.

George V,	2. The C ontracting Crovcmnients her.rh\’ agree to subm it this Agree­ ment for ratification to the respective Parliam ents of the Common­ wealth and of the said S tates during the present session of any such
• No. 8.
Submission to
Parliaments.	Parliam ent, or if any sucli P arliam en t is not in session a t tlie date of this Agreem ent then a t the first session of sucli P arliam ent held afte r the date of this Agreement.

Ooutracting:	Each of the C ontracting Goi'eninients, so far as its jurisdiction
Governments to

provide for	extends and so far as may he necess iry, shall provide for or secure the
enforcement of
Agreement and	execution and enforcement of the provisions of this A greem ent and
Acts.	any A cts ratify ing the same.

I I . — T h e C o m m is s io n .

Appointment.

I. As soon as may be afte r the ratification of this Agreem ent, a Commission to be called “ The R iver IMurray Commission ” (hereinafter called “ the Commi.ssioii ” ) shall be appointed for the purposes of this Agreem ent and of the Acts ratify ing the same, and shall be charged with the du ty of giving effect to this A greem ent and the said Acts.

Constitution,

5. The Commission shall consist of four Commissioners, of whom one shall be appiointed by the Governor-General of the Commonwealth, one by the Governor of New South W ales, one by the Governor of V ictoria, and one by the Governor of South A ustralia. Each Commissioner shall be appointed for a term not exceeding five year.s, and shall be eligible for re-appointment.

Quorum.

6. The four Commissioners shall be a quorum, and the concurrence of

all of them shall be necessary for the transaction of the business of the

Commi.ssioii, except such business as the Commission may from time to

Formal business, tim e prescribe as formal The Commission shall not prescribe as formal

any business in which the intere.sts of any two of the Contracting Governments are dissimilar. For tlie transaction of formal hu.siness th ree Commissioners shall be a quorum, and the chairm an shall have a deliberative vote, and in the event of an equality of votes a casting vote also.

President.	7. The Commissioner appointed by the Governor-General shall be the P residen t of the Commis.sion and .shall have a deliberative vote, bu t shall no t have a casting vote, except in the case of formal business.
Powers and	8. Subject as aforesaid the Commissioners shall have equal powers ; and eacli Commissioner shall receive such salary as the Parliam ent of the Commonwealth or of the S tate which he represents shall determine.
ealarj’.
Vacancies.	9. On any vacancy occurring in the olfice of Pre,sklent the Governor- General shall appoint a person to such vacant office, and on any vacancy occurring in the office of a Commissioner, other than the President, the Governor of the State, liy whom the Commissioner whose office is vacant was appointed, shall appoint a person to th e vacant office.
Deputy	10. In case of the illness, suspension, or absence of a Commissioner the Governor-General or the Governor of the S tate by whose Governor he was appointed (as the case may be) may appoint a person to act as Deputv-Cominissioner during such illness, suspension, or absence ; and such D eputy shall, while so acting, have all the powers and perform all the duties, and be entitled to the indem nities of the Commissioner in whose stead he so acts.
Commissioner.

. 11.

River Murray Waters Act. 159

11. Each Contracting Govcniiupiit .shall indemnify the Commis.sioner George V»

appointed by the Oovernor-Oeneral, or the Governor of its S tate (as the case may be) in respect of any act done by him, and of any losses, costs, or damages incurrerl by him in the bona fide execution of the powers ('ommissioner.

vested in tlie Commission by or under this Agreem ent, or any A ct

ratify ing the same. ■ ■ ■

12. The Commission may from time to time appoint or employ such officers and

and so many oliicers and servants as it th inks tit, and remove or ' '

dismiss them. A ll such oliicers and servants shall, as such, be subject

to the sole control of the Commission.

13. Per.sons ei.iploved in the Public Service of a. Contracting I'mpioymcnt of

ollicers in

Government may, and as far as practicable, shall, be so appointed or	I’iil;liu Service.
employed by the Commission which may arrange with a Contracting Government for the performance by a person employed in the Public Service of such (ioverniiient of any work or services for the Commission, and for any m atters which may require to lie adjusted with regal'd to the performance of or paym ent for .such work or .services by such person.

14. The services of any such person may be made use of in part by officers’ services the Commission, and in p art by the C ontracting Government.

15. Before any person in trusted with the custody or control ' ’f

moneys, whether as collector, or other officer or servant of the Com-irom officerŝ

mission, enters upon his ollice, the Commission shall take sufficient

security from him for tlii' faithful execution of his office; and such

security may be th a t of any incorporated company, or guarantee

society approved of bv the Commission, and in such foi'iii as the

Commission may th ink fit.

16. Every officer or person apjiointed or employed by the Commission Mijccrsto

shall, from time to time, when required by the Commission, make out and deliver to it, or to any |ierson appointed by it for th a t purpo.se, a true and faithful account, in wi'iting, under his hand, of all moneys received by him on behalf or account of the Commission. Such account shall sta te how, and to whom, and for w hat purpose such moneys have been dispo.sed of. Together with such account such oflicer shall deliver the receipts and vouchers for such payments. Every such officer or person shall pay to the Commission, or to any person appointed by it to receive the same, all moneys which appear to be owing from him upon the balance of such account.

17. The Commis.sion shall caus(' proper minutes or records of all its Koconisof

proceedings to be kept. lu-ocecdinss.

18. I t shall be tlie du ty of the Commission to carry on an effective f'-iugings.

and uniform system of m aking and recording continuous gaugings—

. (a) of the main stream of the R iver M urray, and of such of its tributaries within the boundaries of each of the States, and a t such points as the Commission deems necessary to determ ine the volume of the intake from the several portions of the drainage area, the volume of How a t various points in the channels, and the losses therefrom, w ith the ir positions and modes of occurrence ;

(b)	of all diversions, whether natu ra l or artificial or partly natu ra l
and partly artificial, from the main stream of the R iver . . .

Murr.ay and its tributaries.

B u t the the Commission in lieu of making any such gaugings may

accept any gaugings made and recorded by any C ontracting Government.

' 19.

ICO	River Murray Waters Act.
19. Subject to th is Agreem ent and any A cts ratifying the same
George V,	Commission—

No. 8. ,|,.,y declare from tim e to time so far as may be necessary for

D uties of tlie

Commission as	giving effect to th is Agreem ent and the said Acts, the quan­
to.	tities of and times for and means of verification of all
(a ) deliveries of	deliveries cf w ater provided for in this agreement.
water.

(ii)  in declaring the quantities and times for deliv eries of water shall have regard to the quantities and times most suitable and convenient for the purposes of th is Agreem ent ;

(b) R eports and

balance-sheet. (iii) shall before the first day of October in each year prepare and forward to each of the C ontracting Governments a report as to—

(a)	its proceedings during tlie twelve months ended on tlie
th irtie th day of Ju n e then last p a s t ;
(b)	the operations carried on by it or under its orders, and par­ ticularly as to tlie gauging of and all deliveries of w ater during such period ;
(c)	the effect of the diversions to the said thirtieth day of June on the volume of the M urray R iver and its tribu taries ;
(d)	the scope and effect of all works in pursuance of tliis A greem en t;
(e)	the names, salarie.s, allowances, or wages, jio.-itions and duties of officers or persons employed by i t ;

(f) its receipts and expenditure during the said period ; (g) its adm inistration generally during the .said pei ioil.

IIT . — WoilKS TO 1)F, CoNSTUL’CTED.

D escription of ^ 0 . The works to be provided for under th is Agreem ent comprise— the provision of a system of storage at Cumberoona or .some other suitable site or sites on the U pper R iver M urray, to be approved of by the Commission (hereinafter referred to as the “ U pper M urray S to rage’' ) ;

'

(i)

(ii) th e provision of a system of storage a t Lake V ictoria ;

(iii)	the construction of weirs and locks in the course of the River M urray from its mouth to Echuca ;
(iv)	the construction of weirs and locks in the course of the River M urrum bidgee, from its junction with the R iver M urray to H ay , or, alternative!}', a t the absolute discretion of the G overnm ent of New South Wales, to be signified to the Commission w ith in one year from the date on which th is

• Agreem ent comes in to effect, the construction of weirs and locks in the R iver Darling, extending up-stream from its junction w ith the R iver M urraj', and involving an equivalent am ount of expenditure.

Responsibility 21. A ll of the works provided for in the nex t preceding clause to bo

for construction, constructed a t points Ix'tween the mouth of the R iver IMurray and

W entw orth sliall be constructed by the Government of South A ustralia.

The works on the R iver M urrum bidgee or on tlie R iver D arling above

W entw orth

River Murray Waters Act. 161

W entw orth (as ihe case may be) shall be constructed bv the Govern- G'30rge V,

m ent of New South Wales. The works on the Kiver Murrav- above 8.

its junction w ith the R iver D arliny shall be constructed by the Governments of New South W ales and V ictoria, severally or jointly as may b(̂ Jiiutually agreed upon by those Governments, or as in default of such agreem ent may be deti'rm ined by the Commission.

22. The weirs and locks aforesaid shall be so constructed as to j>ro- Capacity of

vide a t all times of the year for vessels draw ing five feet of water. wens and lot ks.

2.3. The Governments of New South W ales, V ictoria, and South rrcparapon d

A ustralia shall, each as soon as practicable, ctiust; to be ]3repared and g-cmlrai sciieme,

subm itted to the Commis.sion for its approval a general scheme of the

works to be constructed by them respectively under th is Agreem ent, tiie Commission,

and before comnitmcing the construction of any of such works shall

caus(> to bo prepared and subm itted to the Commission for its ap[)roval,

designs, and estimates of such work.

The Commission may approve of any such general scheme and of any such designs oi’estimate.s, w ith or w ithout alterations or additions, or may from tiling to time refer the same for amendni(>nt to the Govern­ m ent subm itting the same ; and in considering the sites a t which weirs .and locks are to be constructed the Commission .shall so far as practi­ cable have regard to the suitability of the sites for the purpose also of afTording convenient offtakes for irrigation najuirements. Tin; con­ struction of the work shall b<̂ carried out in accordance w ith the d(!signs so approved.

The provisions of this clause so far as they relate to the approval by the Commission of designs and ('stiinates and sites shall not apply to any works mentioned in clause tw enty hereof which have been com­ menced before this agreem ent conies into effect, nor shall the said provisions or the provisions of paragraph (i) of clause tw'enty berc'of, so far as they relate to the approval of a site or sites, apply to any site or sites for the LTjiper M urray iStor.age agreed upon by the Governments of New South W ales and V ictoria before this Agreem ent comes into effect. Full particulars of any works so commenced and of any surveys made for any such site or sites (and, in the ca.se of the U pper M urray Storage, whether agreed upon as aforesaid or not) and of the cost of such w'orks and surveys shall as soon as may be after this Agreem ent comes into effect be furnished to the Commission by the Contracting Government or Govi'rnments by which the same have been so com­ menced or made.

24. The construction as provided by clause twi'iity-one of this ConimenccniDu

Agreement, both of the storagf; works and of the weirs and looks mentioned in clause tw enty hereof, shall be commenced by the Govern­ m ents of the sever.-d S tates as soon as may be afte r th is Agrceimuit comes into effect, and shall be continued w ithout cessation (other than may be due to unavailable causes) until all of the .said storage wm'ks and weirs and locks are completed.

The in tention of the Contracting Governments is th a t, so far as is reasniiably practicable, the Lake Victoria works shall be completed w ithin four years, the U pper M urray Storage works w ithin seven years, and all other works under this Agreem ent w ithin twelve years after this Agreem ent comes into effect.

F 25.

162                  River Murray Waters Act.

George V, Governments of N ew South W ales, V ictoria, and South

2Jq g A ustralia shall each m aintain the works constructed by them

„ . i-espectivelv under th is Aj;reement, and keep the same effective for the

TVi n.inr,OT>n.npn i ./ o ' ̂ i ^

ot works.	purposes for avhich they were respectively designed.
Dredging and	26. A fter any weir or lock has been constructed under th is A gree­ m ent across or in any river, all necessary dredging and snagging upstream in the river (w ithin the lim its indicated by paragraph (iii) or (iv) of clau.se tw enty of this Agreem ent) to the distance to which the navigability of the ri\’er is affected by such weir or lock shall be carried out by the Governm ent by which it was constructed.
snagging.

Operation and 27. The works c<jnstructed by any Governm ent under thi.s Agree-

and̂ coilectioû * m ent shall be operated and controlled by such G overnm ent; and such

of tolls. Government, in the case of a weir or lock across or in a river the flow

of wliich is regulated under this Agreem ent, shall a t all times (subject to clause fiftv-one of this Agreem ent) m aintain thereat a depth of w ater sulUcient for navigation by vessels drawing five feet of water, and shall also collect any tolls proscribed for the use thereof for purposes of navigation.

D irections of 28. The Commission shall have full power to give directions to

Commission.

secure tlie uniform staliility and durability of works, and to order and

d irect—

(i)   the order in point of time of the construction of jiarticular works, being part of the work to be constructefl by any of the S tate Governments :

(ii)   the rate of jirogress of works whether of construction or m aintenance ;

■

(iii) the method and ex ten t of maintenance of works ;

(iv)	if necessary, what works shall be regarded as works of con­ struction or of maintenance ; and
(v)	such acts and tilings as it considers necessary for ensuring the due observance of th is A greem ent ;

and any such directions shall bo carried out by the constructing

authority .

State Govern- 29. A contracting Government w ithin whose S tate anj' works for

luents to

facilitate con-	the purposes of this .Agreement are to be or are being or have been
operations
Rtriiction and	constructed by anotlier C ontracting Government or constructing
witliin th e ir	au thority shall gran t to such other C ontracting Government or con­
te rrito ries.	structing au tho rity all such powers, licences, and permissions in and to the use of or w ith respect to its te rrito ry as may be necessary for the construction, m aintenance, operation, and control of such works in addition to the powers of a constructing au thority and for carrying out any operations authorised by th is Agreement.
"Works for jo in t	.30. Tt is agreed bet\\ een tlie Governments of Xew South W ales and apply to any' works in the R iver M urray above Echuca for the purpose of the diversions of w ater allotted to them under this A greem ent (other than any' works m entioned in clause tw enty of this Agreem ent) which may bo constructed for the jo in t lienefit of tho.se States, th e cost of the construction of such works and of the maintenance thereof being borne by the Governments of New South W ales and V ictoria in proportion to the am ount of w ater jiroposed to be diverted into each of the said
henelit of New
South W ales	V ictoria th a t the provisions of th is A greem ent shall, m utatis m utandis,
and Victoria,

States

River Murray Waters Act. 163

States by sueh works. Tii the event of failure of the respective George V

Governments to agree as to th e proportion of w ater proposed to be;

g_

diverted the Commission shall upon reference to i t by the Governments

or either of them finally determ ine the m atter.

;!1. W here pursuant to this A greem ent the du ty of m aintaining, P̂ rfonmuicii of

operating, or controlling any works, or of carrying out any operation is to be performed bv aii} ̂ two Contraotitig Governmimts jointlv, any questions which may arise as to which of such Governments is to perform sucli iluty shall, unless m utually agreed upon between them, be determined by the Commission.

IV .— F i n a n c e .

32.         Th(> cost of carrying out the works mentioned in clause tw enty Apportionment

of th is Agreem ent is estim ated a t four million six hundreil ii'nl «lNty- three thousand pounds, and shall be, borne by the Contracting Governments in the following proportions, namely :—

Commonwealth ... £1,000,000

New Smith Wales 1, 221,000

V ictoria ... ... 1,221,000

South A ustralia ... 1, 221,000

33. The estim ated cost of the several works mentioned in clause Eaimnted cost

tw en ty of this Agreement, and herein moi-e particularly specified, is as

follows, namely :—

N ine weirs and locks from lllanchetow n to

W entw orth ... ... ... ... £86o,000

Seventeen weirs and locks from W entw orth to

Echuca .......................................................... 1,700,000

Nino weirs and locks fi'om the juncflon of the. Rivers M urray and M.urrurabidgee to Hay, or alternativelv locks and weirs from tlu^ Junction of tlii‘ R iver D arling w ith tlie R iver M urray up-stream in the River Darling, and involving an eijuivah'iit

am ount of e.xpenditure ... . .. ... 510,000

U pper M urray S torage... ... ... ... 1,353,000

Lake V ictoria Storage! ... ... ... ... 205,000

34. The Commission shall in the month of M arch of each year jire- I’miiosni

pare and forward to each of the C ontracting Goviaannents a ilctaihsl estim ate of the am ount of money required during tlu! twelvi! nimitlis from the first day of Ju ly then nex t ensuing for all expenditure pui- suant to this A greem ent (other than expenses of the Commission or salaries and expenses of Commissioners), showing tlie manner in wliich i t is proposed to expend such money : and the Contracting C oicrn- m ents sliall provide their respective shares thereof in the proporiions set out in clause tliirty-two of this Agreement, and pay the same to the Commission liefore tlie expiration of the said period of twelve months. ■ In the first estim ate prepared under thi.s clause tliero shall also bo included any am ounts of money expendiMl, or to be iixpended, iiy any of the Contracting Govornments pursuant to this Agreem ent lieforo

th e

164                  River Murray Waters Act.

George V, the beginning of the ]>eiiod of twelve m onths covered by such first

No. 8.

estim ate (inelmling the cost referred to in the last paragraph of clause tw enty-three of this Agreem ent) ; and the same shall be paid accordingly as provided by this clause and clause thirty-five of th is Agreem ent.

I f in the opinion of the Commission it is necessarv in any year to provide for any expenditure in excess of the am ount set out in the estimate for th a t year, the Commission shall prepare and forward to each of the C ontracting Governments a detailed estim ate of such excess expenditure ; and the C ontracting Governments shall provide the ir respective shares thereof in the proportions set out in clause thirty-tw o of this Agreem ent, and paj^ the same to the Commission before the expiration of th a t year.

Paym ent by	35.	In accordance with the estim ates provided for in the next
Commission to

S tate.	preceding clause of th is A greem ent the Commission shall in each year atlvance to any Governm ent required by th is Agreem ent to construct, m aintain, operate, or control any works, or to carry on any operation, an am ount suliicient to defray the cost to be incurred by such Govern­ m ent for those purposes in th a t year.
Excess expen­	3G. I f in the opinion of the Commission for the effective construction of any of the works proviiled for in this A greem ent i t is necessary to exceed the am ount set out in clause th irty -th ree of this Agreem ent, the Commission may pay to the Government constructing such work an am ount in excess of th a t so set out, and the am ount of such excess expen­ diture shall be borne by the C ontracting Governments in the proportions set out in clause thirty-tw o of th is Agreem ent.
d itu re in
construction.
Compensation	37. W here a C ontracting Governm ent or a constructing authority has made compensation for any damage occasioned hy or arising out of anything done by it under this Agreem ent, the am ount of such com­ pensation shall be contributed by the Contracting Governments in te r se in the jtroportions set out in clause thirty-tw o of th is Agreement.
wor'ks™''̂ *̂
A dm inistrative	38. A ll expenses of the Commission (except the salary and expen.ses of each Commissioner, which shall be paid the Contracting Government which he represents) sliall be borne by the Contracting Governments in equal shares.
expeuses.
Unexpended	39. Of the moneys paid to the Commission hy the Contracting Governments pursuant to th is Agreem ent, such balances as remain une.xpeiided on the th irtie th day of Ju n e in any year shall be available for expenditure during the twelve months from the first day of Ju ly in th a t year.
Lalauces.
A udit and	-to. The hooks, accounts, and vouchers of the Commission shall bo examined and audited a t least once in every year by the Auditor-General of the Commonwealth, or hy such other officer as may be appointed for th a t purpose liy the (fovernor-General, and nia^' a t any- reasonable time be examined and audited by any person appointed for th a t purpose by the Governor of any of the said S tates ; and a report of the result of any exam ination and aud it um h'r th is clause shall be furnished to each Contracting Government by the person m aking the same.
books.
inspection of
Commission to	41. The Commission shall account to the C ontracting Governments of this Agreement.
nccount.	£qp moneys received by the Commission under or for the purposes

River Murray Waters Act. 165

12. X o tolls sliall be colleetisl in rcsjK'ct of navii;atioii, except sucli G'3orge V

as are j rescribed b}’ the Commission for tlie use of weirs ami locks g

constructed for the purposes of this Agreem ent. jVll such tolls when Tots.

collected shall lie. jiaid to the Commission, which .‘■hall credit the same to the Contracting Cov'ernnu'nt.s in the proportions si't out in clause thii'ty-two of this .Vgreement.

V . — r i l O C n K D I X G S IN D k f .-v u l t .

■I.'i. If any Contracting (ioxcrnm ent whose duty it is under this Failure lo

^Vgreement or under any direction issued in accordance with this ,̂ ,'r

A greem ent to constiaict or continue the construction of or to m aintain, rost.

oper-ate, or control any woiks, or to cai'ry on any operation, or to pro­

vide its share of the cost of the construction, m aintenance, operation,

or control of such works, or of carrying on such operation, refuses or

neglects to do so, afte r being th(‘reunto r('i|uired by the Commission,

the other Contracting Covermiients (or any one or more of th i'in ) with

till’ sanction of the Commission—

(a)	may without prejudice to their or its other rights umh'r this Agreem ent consti'iict or continue and complete the con­ struction of or m aintain, operate, oi‘ control the whole of inch works (or any portion thereof s])ecilietl liv the Cominissioi;) or carry on such ojieration (or anv part tlmreof speciiieii as aforesaid) and pro\ ide the cost thereof ; and
(b)	may in any court of competent jurisdiction, recover as a debt from the Contracting (lovernnient so refusing or m ‘glecting the share of such cost to he jirovided by such Contracting Government in ]airsuance of this Agreem ent, togetlu'r with interest on any sums expended, at a rate to be determined by the Commission.

]bir the purpose of any act or thing to he done under this clattse the C ontracting (hnernm ents, or anv one or more of them as aforesaid, shall have the lights and powers of a const m eting authority ; Viiit the C ontracting Gm'ernment so refusing or neglecting, shall on completion of such act or thing, tind the paym ent of its share of the cost thereof, be deemed to he the constructing authority.

V I.— D i S ' r i t I l i U T I O N OF V.VI'EK.S.

11.    Clauses fort y-five to fifty-one inclusive of thi.s Agreem ent shall not rostiioncmrut

take eilect un til tho Lake V ictoria and U jipcr M urray Storage V o rk s of o\ju!sc*r't5 to

are completed or declared by the Commission to be ttn'ective for the purposes for this Agreem ent or tlu 'c.xpiration of the iieriod of se\en yetu's from tlu> time when the Agreem ent comes into cH’cct (whichever first happens), and nothing in the said clauses or in this clause shall lii' taken as an admission prejudicial to the rights of any of the S tates of New South W ales, Victoria, or South A ustralia in tho meantime.

In. The flow of tho R iver IMiiiTay a t Alhury, including the natu ra l Flow at Albury.

or regulated flows of all trilm taries of the River M urray above Albury, as regulated bv the U pper iVlurray Storagi', shall be shai’ed equall}- by New South W ales and V icto ria ; subject to deduction from either S ta te’s share a t A lbury of sueh volumes as th a t S tate may by works

d ivert from time to tim e from streams above A lbury. 4G.

166                  River Murray Waters Act.

George V, 46. New South W ales and V ictoria shall each have the full use of all tribu taries of the R iver M urray w ithin its te rrito ry below A lbury,

No. 8.

Tributaries in	and shall have the right to divert, sto re,and use the Hows thereof, and shall
New Soiith	have the righ t below the affluence w ith tho M urray R iver of any such
W ales and	tr ib u ta ry to d ivert store and use volumes equivalent to those arriving
V ictoria below
Albury.	a t the place of diversion as the result of contribution hy any such tribu tary , in addition to any other share of the waters a t the ]jlace of diversion, to which each of the said S tates is respectively entitled under th is Agreem ent.
Limitation of	47. All rights under clauses forty-live and forty-six of thi.s Agree­ m ent shall be subject to provision hy each of the said States of New •South W ales and V ictoria from the flow of its tributaries, or from the flow of the R iver M urray a t A lbury, or both of its contribution towards the share hereby allotted to South A ustralia, and subject also to town supply, domestic and stock supply, and other u.ses w ithin its te rrito ry frf)m the main stream, and to the provisions of clause fifty of th is Agreem ent.
rifjhts under
clauses 45, 46.

Proportion of	48. The proportion of the contributions by New South M'ales iiiid
waters allotted

to South	V ictoria to the share hen‘hy allotted to South A ustralia, and for
Australia to ho
contributed h.\	town supifly, domestic and .‘ took supply, and o ther uses, from the main
New South	stream, shall be th a t which the mean natural flow fif the trihutarii^s of
Wales and
Victoria	each S tate below Albury, measured a t the points of affluence with the
respectively.	R iver M urray, w ith half the actual mean flow a t A lhury, added in each case, hear to each other. In calculating the mean flow of the R iver D arling for this purpose, a deduction shall he made to the ex ten t of any w ater diverted by the S late of Queensland, the ex ten t of such diversion being determ ined hy the Commission.

Allowance to ^h e minimum quan tity to be allowed to pass for supply to South South Australia. A ustralia in each year shall be sufficient to fill Lake V ictoria Storage

once, and in addition to m aintain, w ith the aid of tlie w ater returned from Lake V ictoria, a regulated supply a t Lake V ictoria outlet of one hundred and th ir ty four thousand acre feet per month during the m onths of .January, F ebruary, November, and December, one hundred and fourteen thousand aere feet per m onth during the m onths of M arch, September, and October, ninety-four thousand acre feet per month during the m onths of A pril, May, and A ugust, and forty-seven thousand acre feet per m onth during tho m onths (if Ju n e and July , such ([uantities being the provisions for irrigation equivalent to a regulated supply of sixty-seven thousand acre feet per m onth dui-ing nine months, and for domestic and stock supply losses by ev.aporatioii and percolation in Lake V^ietoria, and like losses and lockage in the river from Lake V ictoria to the river mouth (bu t not including Lakes A lexandrina and Albert).

Surplus. '50- A fter the u tilisation for irrigation by (South A ustralia of the volumes set forth in the n ex t preceding clause, or hy New South W ales of one million nine hundred and fifty-seven thousand acre feet pier annum, or by V ictoria of two million two hundred and nineteen thousand acre feet per annum, a fu rthe r volume or fu rthe r volumes

■	may be allotted from time to tim e hy the Commission ou t of an}’ surpjlus over the quantities specified in this and the nex t precetliug
clause. '

River Murray Waters Act. 167

51. The Commission maj^ in tlie case of a period of unusual drought, (j£ofg0 y

such as tho years one thousand nine hundred and two and one thousand	g
nine hundred and three, vary the provisions of this A greem ent

respecting the am ount of w ater to be used by New South W ales and

” '

A'ictoria and the ainount of w ater to be allowed to pass for sujiply to South A ustralia and respecting the depth of w ater to be m aintained a t weirs and locks eim ^tructed under this A greem ent; b u t in any ease of resti'ietion the reduction of supply to be suffered by each S tate shall b(' pi'oportioned to the amounts to wliich the respective S tates would otherwise bo entitled under the preceding clauses of th is Agreem ent.

V I I . — D i v e r s i o n s a n d S t o r a g e s .

52. Di'fore the commencement of any works to effect new or alter infonnaiion to

existing diversions of tlie waters of tlie D iver iMurray or its triliiitariescomnarsion.

the Contracting (lovernnient, hy or under permission from wliich such

diversion is proposed to be effected, shall inform the Commission in

w riting of the intention to commence such works.

o.’i. W ithin six moiitlis afte r the appointm ent of the Commission statement of

caeli of the Coiitractiiig Governments shall furnish the Comiuission with a stateiiuuit containing a list of all actual and all perm itted diversions existing witliin its te rrito ry a t the time of such appointm ent, with sucli particulars thereof as the Coiiniiission requires and such Contracting Government is able to supply.

V n r . — L ake V ictoria W orks .

5 1. The States of New South W ales and V ictoria, so far as tliey can Consij-uction to

do so and as may he necessary in pursuance of this Agreem ent, will authorise and facilitate the construction and m aintenance and the use hy the Shite of South A ustralia of the Lake V ictoria W orks iiien- tioiiefl and described in Schedule A to this Agreem ent.

55. To the end and for the purposes mentioned in tlie next preceding Transfer of site,

clause of th is Agrcfunent the S tati' of New South W ales will transfer t I and \e s t in the S tate of South A ustralia for an estate in fee sinqile, subject to tho conditions hereinafter expressed, the lands m entioned and described in Schedule .B to th is Agreem ent.

50.    A fter the eomniencement of the Lake V ictoria W orks, the S tate Power to store

of Soutli A ustralia may a t all times d ivert into Lake Victoria for inqiounding or storing therein the waters of the D iver iMurray flowing at the site or sites of the offtake or offtakes for diversion into Lake Victoria, except so much of such waters as under tin's Agreem ent New South W ales or Victoria sliall have allowed to pass down the river for diversion supply or use to or in the ir respective territories, or as may he re(|i’ired for the purposes of this Agreem ent a t all places below any such site.

57.         Subject to this A greem ent and to th e A cts ratifying tlie same wate-s storoUn

and to any riglit a t the date when this Agreem ent comes into effect lawfully exfircisahh' by an occupier of land on the bank of the said lake to use tho water being in the said lake for domestic purposes or for watering cattle or olher stock, or for gardens not exceeding five acres ill ex ten t used in connection w ith a dwelling house, and to the general

rifdit

168                  River Murray Waters Act.

George V, righ t of all persons to use such w ater for domestic purposes or for

No. 8. w atering cattle or other stock a t places on such lake to which a t the said date there is access by public road or reserve, tbe water impounded or stored in Lake V ictoria shall be devoted to such uses as may be determ ined bj’’ the Governm ent of South A ustralia, which, subject to any directions of the Commission, may a t the times and in the quantities it th inks proper, release sucli w ater fur conveyance by the channel of the R iver M urray to the eastern boundary of the S tate of South A ustralia ; Provided th a t the w ater so stored shall be used prim arily for the purpose of aiding to m aintain the regulated supplies of w ater a t Lake V ictoria outlet provided for in clause forty-nine of this A greem ent; Provided also th a t tbe S tate of South Australia, subject to this Agreem ent, will a t the request of the S tate of New South W ales make provision where necessary for and perm it the reason­ able use of the waters of the said lake by occupiers on the settlem ent of lands of a to ta l area not exceeding 200,000 acres in the vicinity of Lake V ictoria for domestic purposes and for w atering their ca ttle and other stock ; Provided fu rther th a t if access to the watering-places aforesaid by public road or reserve be interfered with by the construction of the said Lake V ictoria W orks, the S tate of South A ustralia will, on the request of the S ta te of New South W ales, provide such other watering-places in lieu thereof as shall not interfere w ith the said works.

I X . — M i s c e l l a n e o u s .

Arbitration.	58. If a difference of opinion arises among the Commissioners on any ques'ion not being a ipiestion of law or prescribed as formal business, such question unless the Commissioners concur w ithin two months after submission by a Commissioner of a resolution thereon shall, as hereinafter provided, be referred for decision to an a rb itra to r who shall be aitpointed by the Contracting Governments.
Difference to be
referred.
A Contracting Government may give to the other Contracting Goveniinents w ritten notice to concur in the appointm ent of an arb itra to r and to refer such question to such arb itra to r for decision.
I f the appointm ent be not made w ithin two months afte r the giving of such notice the Ctiief Justice of the Supreme Court of Tasmania, or o ther the person for tlie time being dischargimr the duties of th a t office, may a t the request of such C ontracting Governm ent appoint an arb itra to r who shall have the like powers to ae t in the reference and to decide the question as if he had been appointed by the Contracting Governments.
The decision of an a rb itra to r appointed to decide such question shall be binding on the Commission and the Contracting Governments, and shall be deemed to be tbe opinion of the Commission.
Furjiisliino;	59. A C ontracting Government shall on the request of the Com­ mission furnish to the Commission all such information and particulars as the Commission may require for the purposes of this Agreem ent, and as such Governm ent is able to furnish.
information and
particulars.

Reports, &c., to 60. A ll reports, statem ents, and estimates of the Commission

be sent to	required hy th is Agreem ent to be forwarded to the Contracting
Go\’ernor-
General or	Governments, or any of them , and all reports of persons appointed to
Uo\ ernor.	examine and audit hooks, accounts, and vouchers of the Commission shall be addressed to the Governor-General or the Governor (as tho
case may require). X

River Murray Waters Act. 1G9

X .— I n t e e p r e t a t i o k . George V,

Gl. Ill th is Agreem ent, save where inconsistent witli tiie context,— “ Constructing au thority ” means tlie C ontracting Government or Governments hy which any works are constructed or to be constructed, or any authority constituted or appointed for the purpose of such construction. No. 8.

“ Contracting Government ’ moans any Government which is a party to th is Agreement.

“ Div'ersions ” includes abstractions, impoundings, and approjiria- tions of w ater th a t dimini.sh or retard the volume of How of a river.

“ G overnor-G eneral’' means Govei’iior-Gcneral with th(> advice of tho Executive Council.

“ Governor ’ means Goveinor with the advici'o f the Executive

Council.

“ Land ’ includes Crown lands and buildings, messuages, tene­ ments, and hereditam ents of any tenure, and any easement, right, or jirivilege in, over, or ail'ecting any land.

“ M aintenance ’ includes repairs and improvements.

“ R iv e r” and “ T rib u ta ry ” respcctiv'ely inclurles any affluent,

effluent creek, ana-branch, or extension of and any lake or

lagoon connected with the river or tributary .

In witness whereof the said parties to those presents have hereunto set their hands and seals th(‘ day and year first above w ritten.

Signed, sealed, and delivci'crl by the i

aboveiiamed Josr.i'ii C ook, in f C O o K (l.,s.)

the [iresenee of '

W . .Alc.M. G i.ynx .

Signed, sealeil, and dclivereil b v t l ie \ aboveiiamed AN ii .Liam A uthck f AV. A. IIOLAIAX. (1..S.)

H olmax, in th e ))resence o f— i

AV. 11. E ohhest. )

Signed, sealed, and delivered by the A

abo ve n a m ed A L n .\ A X n i ; R J A M Its	(	■A.	J .	PEA C OC K.	(i.s.)
P eacock, in tlx ‘ presence of- J . 11. AIcColl.

Signed, sealed, and delivered by

th e abovenam ed A hchibai.ii A. H. PE.AKE. ( l.s.)

H exev P eake , in the presence of— KicnAun IIutler . ,

SCHEDULES.

170                  River Murray Waters Act.

George

No. 8.

SCHEDULES.

S C H E D U L E A.

A regulation reservoir, w ith a storage capaeit\’ o£ about twenty-two and a half thousand millions of cubic feet a t and about Lake Victoria, in the S tate of New South Wales, situate w ithin three miles of the River M urray, and about thirty-six miles in a direct line below tin; junction of the R iver iSfurray with the R iver D arling, and about fourteen miles in a dii(!ct lin(“ above the eastern boundary of the S tate of South A us­ tra lia , which lake covers an area of approxim ately th irty thousand acres, and is connected w ith the main stream of the R iver M urray by the R ufus R iver and Frenchm an’s Creek.

Such weirs and locks across and in the R iver Murray', and such regulators as may be required for the purposes of the L ike V ictuiia storage, or of the navigation of tho R iver MuiTay.

S C H E D U L E B.

T hat piece of land situated in the S tate of New South Wales, and covered with w ater now known as Lake V ictoria, witii tne two water­ courses known as R ufus R iver and Frenchm an’s Creek, connecting tho R iver M urray w ith the said lake for and tliroughoa' the ir entire cou’.ro from the said river to the said lake ; also so much of the banks and foreshores of the .said lake and watercourses, and or the land adjoining thereto, as shall be sutlieient for all purpo.se.s of access to and u.se and enjoy'ment of the Lake V ictoria works.

SEAT