River Murray Waters Act 1923 (NSW)
River Murray Waters Act.
RIVER MURRAY WATERS AC F.
Act No. 3, 1923.
A n A ct to ratify an agreem ent for the variation George V,
| o f the agreem ent entered into het\veen tlie | No. 3. |
| Prim e IMinister o f tlio C om m onwealtli and the Ih’cm iers o f the States o f N ew South W ales, V ictoria, and South Australia, respecting the Itiver IMurray and Lake Ahetoria and other w aters: to am end the River Murray W aters A ct, 1915, and certain other A cts; to re])cal th e llivcr Murray W aters (A m end m ent) A ct, 1920; and for purposes connected th erew itli. [A ssented to, 20th Septem ber, 1923.] |
T T 71IE R E A S on llic ninth day of So})tcmbc'r, oneI’lcambio.
| V T | thousand nine luindicd and fourtecni, the Prime |
Minister of the Commonwealth of Australia, acting for and on behalf of the Commonwealth, and the Premiers of the States of N(‘w South 'Wales, A'ictoria, and South Australia, acting for and on behalf of those States respcctiv'ely, entered into an agreement (in this Act referi'ed to as “ the said agreement” ) respecting the River Alurray and Lake Victoria and other rvaters subject t o ratification by the Parliament of the Common wealth and the Parliaments of the said States: And whereas the Parlianu'iit of the Commonwealth and the Parliaments of the said States have ratified and approved tJie said agreement: And whereas the Prime Minister of the Commonwealth of Australia, acting for and on behalf of the Commonwealth, and responsihle Ministers of the said States, acting for and on behalf of those States
respectively,
River Murray Waters Act.
| George V, | respectively, have entered into an agreement (in this |
| No. 3. | Act referred to as “ the amending agreement”) to vary the said agreement, subject to ratification by the Parliament of the Commonwealth and tlie Parliaments of the said States ; And whereas it is desirable to ratify and approve the amending agreement: Be it therefore enacted by tlie K ing’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South M^ales in Parliament assembled, and by the authority of the same, as follows:— |
short title
| and citation. | 1. (1) This Act may be cited as the “ River Murray |
Waters Act, 1923.”
(2) The River Murray AVaters Act, 1915, as subsequently amended, is in this Act referred to as the Principal Act.
(3) Tlie Principal Act, as amended by this Act,
may he cited as the “ River Murrav Al'aters Act,
| 1915-1923.” | ‘ |
| Commence | (4) Tliis Act shall commence on a day to be fixed |
| ment. | by proclamation of the Governor in the Gazette. |
| Crown bound. | (5) I’his Act shall hind the Crown. |
| Repeal. | 2. The River Murray "Waters (Amendment) Act, |
1920, is hereby repealed.
| Ratification | 3. The amending agreement, a copy of which is set |
of amending
| agreement. | out in section four of this Act, is by this Act ratified and approved. |
| Amendment of |
| Principal Act. | 4. The Pi’incipal Act is amended as follows |
| Preamble, | (1) By omitting from the preamble the word “ Schedule” and inserting in its stead the words “ First Scliednle ” ; |
| Sec, 4. | (2) by omitting from the definition of “ the agree m ent” in section four the word “ Schedule” and inserting in its stead tlie words “ First Scliednle, as amended by the agreement, a copy of wliich is set out in the Second Schedule” ; |
| Amendment | |
| of Principal | (3) by inserting after tlie word “ agreement ” in |
| Act. | section five the words “ a copy of which is set |
| Sec. 5. | out in the ‘ First Schedule ’ ” ; |
| Schedule. | (4) by omitting the heading “ Scliednle ” and inserting in its stead the heading “ First Schedule” ; |
(5)
| River Murray Waters Act. | 33 |
(5) by adding at the end thereof the following George V,
| Schedule:— ̂ | No. 3. |
New Schedule
| SECOND | S C H E D U L E . | Second. |
| T hk A mending A greement. | Seliedule. |
| A greement | made | th e te n th day | of | . \u g u s t , | one | th ousand | n ine |
hund red and tw enty-three , between th e R ig h t H onoiabh!
Stanley Melbourne Bruce, Prim e M inister of the Common
wealth of A ustralia, for and on behalf of the Commonwealth,
| of the first part, the Honorable Sir George W arburton Fuller, | ■ |
| K.C.M .G., Prem ier of the S tate of New South Whiles, for and on behalf of th a t S tate, of the second part, the H onorable H a n y Sutherland W ightm an Lawson, Prem ier of the S tate |
| ■ | of V ictoria, for and on behalf of th a t S tate, of the th ird [>art, and the H onorable Sir H enry Newman Barwell, K.C.IU.G., Prem ier of the S tate of South .'Vustralia, for and on liehalf of th a t S tate, of the fourth part. |
W h e r e .\s on the nin th day of September, one thousand nine hundred and fourteen, an A greem ent was entered into by tlii^ Prim e M inister of the Commonwealth of A ustralia anci the Prem iers of the S tates of New South Whiles, Victoria, and South A ustralia with l egard to the economical use of the waters of the R iver M urray and its tribu taries for irrigation and navigation, an d to the reconciling of tlio interests of the Commonwealth and th e said States, which Agri'em ent was ratified by the Parliam ent o f the Connnonwealth of A ustralia and the Parliam ents of the said S tates, and which Agreem ent is hereinafter referred to as the P rincipal Agreem ent ;
A nd whereas a t conferences between the 1 lonorable Percy Gerald tiitewart, M inister for W'orks and Railways of the Commonwealth of A ustralia, the Honorable R ichard Thomas Ball, M inister for Public W^orks of tlie S tate of New South Whiles, the Honorable H enry Angus, A ssistant M inister for Whiter Supply of the S tate of V ictoria, and the Honorable Jo h n George Bice, Chief Secretary of the S tate of South .\uslralia , held on the tw enty-third, twenty- fourth , and twenty-fifth days of M ay, one thousand nine hundred an d tw enty-three, certain resolutions were agreed to w ith a view to modifying certain of the provisions of the Principal A greem en t:
Now it is hereby fu rthe r agreed as follows:—
I. R atteication and E nforce.ment.
1. This A greem ent i.s subject to ratification by the Parliam ents Ratification.
-of the Commonwealth and of the States of New South Whiles, Victoria, and South A ustralia, and shall come into effect when so ratified.
2. The Contracting Governments hereby agree to subm it this Submission to
A greem ent for ratification to the respective Parliam ents of the Commonwealth and of the said S tates during the present session
| U | of |
River Murray Waters Act.
| George V, | of any such Parliam ent, or if any sucli Parliam ent is not in session |
| No. 3. | a t the date of this A greem ent then a t tlie first session of such P arliam ent held a fte r the date of this Agreem ent. |
| Contractin" | •‘5. Each of the Contracting (lovernm ents so far as its juri.sdiction |
| Governments to |
| provide for | extends and so far as i t may be necessary shall provide for or- |
| enforcement of | |
| Ajfreement and | secure the execution and enforcem ent of the provisions of th is |
| Acts. | Agreem ent and any A cts ratify ing the .same. |
| Incorporation in | 4. On and afte r the date of ratification of th is Agreem ent, tho Principal Agreem ent shall be read and construed as if the am end m ents made therein by this Agreem ent were incorporated therein . |
| Principal | |
| Agrrceinent. |
I I . A mendment of P kincip .\l A greement.
| (Quorum. | 5. Clause si.x of the Principal Agreem ent is amended by inserting afte r the word “ a n d ” (first occurring) the words. |
subject to clause forty-four of this A greem ent,”
6. Clause twenty-one of the Principal Agreement i.s amended— ring) the words “ (excepting the weir and lock to he constructed on the lliv er ^Murray below its junction Mith the lliv e r iJarling h\’ the Government of New South W ales or by the Governm ent of V ictoria or by both those Governments jo in tly )” ; and
| Responsibility | (a) by inserting afte r the word “ W e n tw o rth ” (first occur | |
| for construction. | ||
|
7. A fter clause twent\--four of the Principal Agreem ent the following clause is inserted : —
| Precedence of | “ 24a. The construction of works provided for in this. A greem ent which will jirovide for the needs of irrigation .shall have precedence over the construction of any such works which will he prim arily for the requirem ents of navigation.” |
| rri^ation works. |
| Tolls | 8. Clause forty-two of the Principal A greem ent is amended by om itting the words “ Contracting Governments in the proportion.s .set out in clause th irty-tw o of th is Agreem ent ” and inserting in tlieir stead the words “ S tate Contracting Governments in equal proportions to be used by them towards the cost of lock-keeping and the m aintenance of navigation works constructed under th is A greem ent.” |
| Postponement | 9. Clause fort\'-four of the Principal A greem ent is am ended— |
| of operat ion of |
| clauses 45 to 51. | (a) by om itting the word “ seven ” and inserting in its stead the word “ tw elve” ; and | |
|
| Arbitration | 10. | Clause fifty-eight of the Principal A greem ent is am ended— | |
| diflferenoes to be |
| ||
| teferred. |
in the case of a question to he determ ined under clause forty-four of th is Agreement, if the Commissioners a re equally divided,” ; and
(b )
River Murray Waters Act.
| (b) | by inserting, after the wonl ‘'Commissioners” (second George V, | |
| ||
| be determ ined under clause forty-four of th is xVgreement, a t least three of the Commissioners.” |
11. N otw ithstanding anything contained in clause, thirty-tw o share or
| a g re e s to incixiaso to one quarter tlu^ pi’oportion of the cost of ■c!i rry ing out the works mentioned in clause tw enty of the | of the P rincipal Agreem ent, the Common wealth Government ""™t°orwork8' ment, and for the purposes of clauses thirtv-four, thirty-six, and thirty-sevxm of the Principal Agreem ent, the cost of carrydng ou t the said works shall be deemed to be borne by the Contracting Governm ents in equal shares. |
| The ju'ovisions of this clause are agrerxl to by the Commonwealth ■Government upon the understanding th a t it is tlu> intention to carry out the Principal Agreem ent subject to such modifications thereof as are made by this A greem ent or are a t any time m utually agreed upon by' all the C ontracting Governments. | |
| In witness whereof the said ]iarties to these presents have Jiereunto set their hands and seals the dav and year first above w ritten. | |
| aligned, sealed, and delivered by ] |
| th e | abovenamed | Sta nley / |
| MnLiiouiiNi; | Biiucn, in the} S. M. P llU C K . | ( l .s.) |
| jirescnice of— |
P. G. Stewart .
Signed, sealed, and delivered by\
| th t‘ | abovenamed | G eorge/ |
| G EO R G E | W . | P U L L E R . |
W arhuuton I l' ller , in the)
| piesence of— | ( l.s .) |
11. T. B all.
.Signed, sealed, and delivered by the
| abovenamed | H arry | S o t h er - |
| LANi> W ightman L awson, in} | H. S. W . LA W SON , | (r.s.) |
| the presence of— |
H enry A ngus.
| Signed, si'aled, and deli\ cred by the\ abovenamed H enry N ewman/ | H. | N. | B A R W E L L . | ( i . s ) |
B arwell , in the presence of— (
| J ohn G. B ice . | / |
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