River Murray Waters Act 1983 (NSW)
RIVER MURRAY WATERS ACT, 1983, No. 86
| iOtetn | Males |
ANNO TRICESIMO SECUNDO
ELIZABETHAN H REGINA
Act No. 86, 1983.
An Act to approve and provide for carrying out an Agreement entered into between the Prime Minister of the Commonwealth and the Premiers of the States of New South Wales, Victoria and South Australia respecting the River Murray and other waters; to repeal the River Murray Waters Act, 1915, and certain other enactments; and for other purposes. [Assented to. 26th October, 1983.]
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BE it enacted by the Queen’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 follows:—
Short title.
1. This Act may be cited as the “River Murray Waters Act, 1983”.
Commencenient.
2. (1) Sections 1 and 2 shall commence on the date of assent to this Act.
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on such day as may be appointed by the Governor in respect thereof and
as may be notified by proclamation published in the Gazette.
Act to bind the Crown.
3. This Act shall bind the Crown.
Interpretation.
4. (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
“Commission” means The River Murray Commission constituted under the former Agreement and continued in existence under the Agreement;
“Commissioner” means a person appointed as a Commissioner for the purposes of the Agreement and includes a Deputy Commissioner who is acting as a Commissioner in accordance with the Agreement;
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“Constructing Authority” means the Contracting Government or Governments by which any works or operations referred to in the Agreement are constructed or carried out or are to be constructed or carried out or any authority or person authorised to construet any such works or carry out any such operations;
“Contracting Government” means any Government which is a party to
the Agreement;
“the Agreement” means the River Murray Waters Agreement, a copy
of which is set out in Schedule 1;
“the former Agreement” means the Agreement made on 9th September, 1914, between the Prime Minister of the Commonwealth and the Premiers of the States of New South Wales, Victoria and South Australia, as amended by further agreements dated 10th August, 1923, 23rd July, 1934, 26th November, 1948, 2nd November, 1954, 11th September, 1958, 8th October, 1963, and 26th February, 1970;
“works” means works construeted under the former Agreement or
constructed, or to be constructed, under the Agreement.
(2) In this Act, a reference to—
| (a) | a function includes a reference to a power, authority and duty, and |
| (b) | the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. |
Approval of Agreement.
5. The Agreement is approved.
Appointment of Commissioner and Deputy Commissioner.
6. (1) The Governor may appoint a Commissioner and a Deputy Commissioner for the purposes of the Agreement.
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(2) The Commissioner and the Deputy Commissioner shall respec
tively hold office—-
| (a) | in accordance with the terms and conditions specified in this Act and the Agreement; and |
| (b) | in accordance with such further terms and conditions (if any) as are determined by the Governor, |
in respect of each of them.
(3) The appointment of the Commissioner or the Deputy Commis sioner is not invalidated and shall not be called into question by reason of a defect or irregularity in or in connection with the appointment.
(4) The provisions of the Public Service Act, 1979, do not apply to or in respect of the appointment of the Commissioner or the Deputy Com missioner and the Commissioner and the Deputy Commissioner, in their respective capacities as such, are not subject to that Act during their respective terms of office.
Remuneration.
7. The Commissioner and the Deputy Commissioner appointed under
section 6 (1) are respectively entitled to be paid such remuneration (includ ing travelling and subsistence allowances), if any, as the Minister may from time to time determine in respect of each of them.
Cessation of office.
8. (1) A person holding office as the Commissioner or the Deputy
Commissioner under section 6 (1) may resign the office in the manner provided by clause 16 of the Agreement, but any such resignation does not have effect unless and until it is accepted by the Governor.
(2) The Governor may at any time determine the appointment of the Commissioner or the Deputy Commissioner.
Powers of the Coniinission.
(1) The Commission has and may exercise the functions conferred or
imposed on it by the Agreement but those functions shall not be exercised
otherwise than in accordance with this Act and the Agreement.
9.
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(2) Subject to this Act and the Agreement—
| (a) | the orders, determinations, decisions and declarations of the Com mission made in the exercise of its functions bind all persons; and |
| (b) | the Supreme Court may, on the application of the Commission, make such orders as it thinks necessary in the circumstances for the enforcement of an order, determination, decision or declaration of the Commission. |
Entry on to land.
10. For the purposes of the Agreement, a Commissioner or a person
authorised by the Commission may enter any lands and shall have free access
to all works.
Saving of rights of State officers.
11. (1) The existing and accruing rights of a person—
(a) in the Public Service of New South Wales; or
| (b) | who is a commissioner, or an officer or servant, of the Water Resources Commission, |
shall not be affected by reason of the person's being appointed as the Commissioner or the Deputy Commissioner under section 6 (1) or being appointed or employed as an ollicer or servant of the Commission, and the person’s service as such a Commissioner or Deputy Commissioner, or as an offieer or servant of the Commission, shall count as—
(c) service in the Public Service of New South Wales; or
| (d) | service as a commissioner, or as an oflicer or servant, of the Water Resources Commission, |
as the case may require.
(2) Where by or under any other Act provision is made requiring a person who is the holder of an ofhee specified therein to devote the whole of his or her time to the duties of that olhcc. or prohibiting the person from engaging in employment outside the duties of that office, that provision shall
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not operate to disqualify the person from holding that office and also holding office as the Commissioner or the Deputy Commissioner appointed under section 6 ( 1 ) and accepting and retaining any remuneration payable under section 7.
Authorisation of construction of works, etc.
12. Subject to this Act and the Agreement, the construction, mainten
ance, operation and control in New South Wales of any of the works and the carrying out of any of the operations referred to in the Agreement are authorised.
Acquisition of land.
(1) Land required for a work or operation referred to in the Agree ment may be acquired under the Public Works Act, 1912, and, without limit ing the generality of the foregoing, appropriation under that Act may be effected in respect of any land vested in Her Majesty or any person in trust for Her Majesty.
13.
| (2) | The acquisition of any land in accordance with subsection (1) |
shall be deemed to be for an authorised work within the meaning of the Public Works Act, 1912, and the Constructing Authority constructing the work or carrying out the operation for which the land was required shall be deemed to be the Constructing Authority for the purposes of that Act.
V3) Notwithstanding subsections (1) and (2), the provisions of Part III of the Public Works Act. 1912, shall not apply to or in respect of any works or operations referred to in the Agreement.
(4) For the purposes of this section and not otherwise. Schedule 2
has effect.
Construction of works, etc., on behalf of the Government of
New South Wales.
14. The Water Resources Commission shall, on behalf of the Govern
ment of New South Wales, construct, maintain, operate and control works,
and carry out operations, pursuant to the Agreement.
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Construction of works, etc., by or on behalf of another Contracting
Government.
15. To the extent that, under the Agreement—
| (a) | any works referred to in the Agreement are to be constructed, maintained, operated or controlled; or |
(b) any operations referred to in the Agreement are to be carried out, in New South Wales by a Constructing Authority other than the Water Resources Commission, that Constructing Authority may exercise, in relation to any such works or operations, the same powers and privileges as the Water Resources Commission may exercise for the construction, maintenance, operation or control of works, or the carrying out of operations, referred to in the Agreement on behalf of the Government of New South Wales.
Rules to be applied in determining compensation.
16. In any action, claim or other proceedings that may be brought for
compensation for damage occasioned by the construction, maintenance, operation or control of works, or the carrying out of operations, referred to in the Agreement, the court shall, in determining whether any, and if so what, compensation for any such damage is to be made, in each case have regard to the following principles: —
| (a) | no compensation shall be awarded for any diminution or deteriora tion of the supply of water to which any person may be entitled, unless the diminution or deterioration is such as to deprive the claimant of a supply of water previously legally enjoyed by the claimant and unless the diminution or deterioration is the direct, and will be the permanent, result of the completed works; |
| (b) | no compensation shall be made for the taking or diverting of any water which a Constructing .Authority is empowered by or under this Act or the Agreement to take or divert, either permanently or temporarily, from any river, creek, stream, watercourse, lake, lagoon, swamp or marsh; |
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| (c) | there shall be considered in reduction of all claims for compensa tion for injury— |
(i) 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
(ii) whether any, and if so what, immediate or proximate benefit has been gained by or become available to the claimant by reason of the construction or use of any such works,
and a deduction shall be made accordingly from the amount which, but for this paragraph, would have been' paid or payable as compensation;
| (d) | 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; |
| (e) | 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 com plained of to the date of judgment in the proceedings and also for all future injury, loss or damage in respect of the same matter, and thereafter no further compensation shall be made in respect of any such future injury, loss or damage. |
Stay of proceedings until completion of works.
(1) If compensation is sought to be recovered for any injury alleged to be the result of the construction, maintenance, operation or control of works, or the carrying out of operations, referred to in the Agreement, being works or operations which at the time of the alleged injury and of the claim for compensation in respect thereof are incomplete, it shall be lawful for the court, upon an application by the Constructing Authority against whom the claim is made, to make an order directing that the proceedings upon the claim for compensation be stayed until the completion of those works or
17.
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operations or for such period, to be stated in the order, as the court may consider sufficient for their completion, and the proceedings to recover compensation shall be stayed accordingly.
| (2) | At the expiration of a stay of proceedings ordered under subsec |
tion (1), the claimant shall be at liberty to resume the proceedings for the
recovery of compensation without commencing any fresh proceedings.
Compensation for injury to interests in reversion.
18. (1) Where compensation is sought to be recovered in respect of any
injury to property alleged to be the result of the construction, maintenance, operation or control of works, or the carrying out of operations, referred to in the Agreement, being an injury which may affect interests in reversion as well as in possession in the property, the claimant for 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 the property of the claimant and all other persons (if an\ ) whose interests are said to be affected and that the claimant has given sufficient notice to all such other persons of the proceedings brought by the claimant to obtain compensation under this Act.
(2) A person, apart from the claimant. ha\ ing an interest in property
as referred to in subsection ( 1) and who, whether upon being notified by the claimant or not, appears before the court shall be entitled to be heard in respect of his interest in the compensation to be awarded.
(3) In awarding an\ sum b> way of compensation, the court shall
award and apportion, as between the claimant and all other persons appear ing to have an interest in the propert}' concerned, in such manner as to the court may seem fit. the amounts to be recei\ed by any or some or all of them respectively out of that sum. as compensation for the injury caused or likely to result to the respective interests of the claimant and those other persons in the jrroperty.
(4) A person, other than the claimant, to whom an amount was
aw'arded or apportioned under subsection (3) shall have all such remedies and means of recovering that amount from the Constructing Authority against whom the claim has been made as though the person had originally been a plaintiff in the action in which the award or apportionment has been so made.
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Power to charge prescribed tolls.
19. A Constructing Authority having, pursuant to the Agreement, the
control of any lock may from time to time demand and receive in respect of vessels passing through that lock the tolls prescribed pursuant to the Agreement by order of the Commission.
Appropriation of money.
20. All money required to be provided by the State of New South
Wales under the Agreement shall be provided out of money to be appro priated by Parliament for the purpose.
Exemption from taxes and charges.
21. No rate, tax, charge or fee is payable under any Act or statutory
instrument of the State of New South Wales in respect of any works or in respect of any property used in or held for the purposes of any works by a Constructing Authority.
Evidence.
(1) Every minute or record of the proceedings of the Commission that is signed by the Commissioners or a copy of such a minute or record 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.
22.
(2) A document signed by and containing a decision of an arbitrator appointed under the Agreement is in any proceedings prima facie evidence of the decision.
| (3) | A document purporting to be a minute or record or copy referred |
to in subsection (1) or document referred to in subsection (2) shall, unless the contrary is established, be deemed to be such a minute, record, copy or document, as the case may be.
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Documents to be laid before Parliament.
23. All reports, statements and estimates received under the Agreement
by the Governor shall be laid before both Houses of Parliament without
delay.
Jurisdiction of Supreme Court over Commission.
(1) The Supreme Court may exercise jurisdiction in relation to the Commission and the Commissioners in the same manner and to the same extent as if the Commission were a body representing the Crown in right of the State of New South Wales and as if the Commissioners were New South Wales officers.
24.
(2) Where the Supreme Court of a State other than New South Wales exercises power under a law corresponding to subsection (1), the Commission and the Commissioners shall comply with any order or decision of that Court.
Penalty for injuring works.
25. A person who unlawfully and maliciously destroys or damages or
attempts to destroy or damage any works or portion of works constructed or operated under this Act or the Agreement is guilty of a misdemeanour and liable on conviction to imprisonment for a term not exceeding 10 years.
Regulations.
(1) The Governor may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act or the Agreement.
26.
(2) Without limiting the generality of subsection (1), the regula tions may prescribe penalties not exceeding $1,000 for an offence against the regulations.
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Repeals.
27. Each Act specified in Column 1 of Schedule 3 is, to the extent speci
fied opposite that Act in Column 2 of that Schedule, repealed.
Savings.
28. A person who, immediately before the day appointed and notified
under section 2 (2), held office as the Commissioner or Deputy Commis sioner appointed under section 27 of the River Murray Waters Act, 1915, shall continue to hold office subject to this Act for the remainder of the term for which the appointment was made, as if so appointed under this Act.
SCHEDULE 1.
(Sec. 4 (1).)
| T he | Ag r eem ent . |
AN AGREEMENT made the First day of October One thousand nine hundred and eighty-two between—
THE COMMONWEALTH OF AUSTRALIA of the first part,
THE STATE OF NEW SOUTH WALES of the second part,
THE STATE OF VICTORIA of the third part, and
THE STATE OF SOUTH AUSTRALIA of the fourth part.
WHEREAS on 9 September 1914 an Agreement was entered into by the Prime Minister of the Commonwealth of Australia and the Premiers of the States of New South Wales, Victoria and South Australia with regard to the economical use of the waters of the River Murray and its tributaries for irrigation and navigation and to the reconciling of the interests of the Commonwealth and the said States which Agreement was ratified and approved by the Parliament of the Commonwealth of Australia and the Parliaments of the said States and which Agreement is hereinafter referred to as the First Agreement:
AND WHEREAS by further Agreemei'is dated 10 August 1923, 23 luly 1934, 26 November 1948, 2 November 1954, 11 September 1958, 8 October 1963 and 26 February 1970, all made between the Prime Minister of the Commonwealth of Australia and the Premiers of the States of New South Wales, Victoria and South Australia certain provisions of the First Agreement were modified:
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| SCHEDULE | continued. |
| T he | Agreem ent— continued. |
AND WHEREAS the further recited Agreements were all subsequently ratified and approved by the Parliament of the Commonwealth of Australia and by the Parliaments of the said States:
AND WHEREAS it is desirable to consolidate the provisions of the First Agreement and further recited Agreements, and to incorporate certain recommendations concern ing the quality of waters and to provide for certain other matters in addition to and in substitution for certain provisions of the First Agreement and the further recited Agreements:
NOW IT IS HEREBY AGREED as follows—
PART I—INTERPRETATION
Definitions
1. In this Agreement save where inconsistent with the context—
“Commission” means The River Murray Commission constituted under the former Agreement and continued in existence under clause 7.
“Commissioner for the Commonwealth” means the Commissioner appointed by the Governor-General pursuant to clause 9.
“Commissioner for New South Wales” means the Commissioner appointed by the Governor of New South Wales pursuant to clause 9.
“Commissioner for South Australia” means the Commissioner appointed by the Governor of South Australia pursuant to clause 9.
“Commissioner for Victoria” means the Commissioner appointed by the Governor of Victoria pursuant to clause 9.
“Commonwealth auditor” means the Auditor-General of the Commonw'ealth or such other person as may be appointed by the Governor-General for the purpose of carrying out the inspection and audit referred to in paragraph .‘59 (1) (a).
“Contracting Government” means any of the Governments of the Commonwealth, the State of New South Wales, the State of Victoria or the State of South Australia.
“Constructing Authority” means the Contracting Government or Governments by which any works authorised by this Agreement or the former Agreement have been or are being constructed or are to be constructed or any authority con stituted or appointed for the purpose of such construction.
“Deputy Commissioner for the Commonwealth” means the Deputy Commissioner appointed by the Governor-General pursuant to clause 9.
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| SCHEDULE | I— continued. |
| T he | Agreem ent— continued. |
‘‘Deputy Commissioner for New South Wales” means the Deputy Commissioner appointed by the Governor of New South Wales pursuant to clause 9.
“Deputy Commissioner for South Australia” means the Deputy Commissioner appointed by the Governor of South Australia pursuant to clause 9.
“Deputy Commissioner for Victoria” means the Deputy Commissioner appointed by the Governor of Victoria pursuant to clause 9.
“diversions” includes abstractions, impoundings and appropriations of water that diminish or retard the volume of flow of a river.
“Doctors Point” means the location of the Doctors Point stream gauging station.
“former Agreement” means the Agreement made on 9 September 1914 between the Prime Minister of the Commonwealth of Australia and the Premiers of the States of New South Wales, Victoria and South Australia as amended by further agreements dated 10 August 1923, 23 July 1934, 26 November 1948, 2 Novem ber 1954, 11 September 1958, 8 October 1963 and 26 February 1970.
“Governor-General” means Governor-General with the advice of the Executive
Council.
“Governor” means Governor with the advice of the Executive Council.
“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 but does not include improvements to the design or function of a work or replacement of the whole of the work.
“officer” means a person in the employ of the Commission who has been appointed or employed by the Commission under sub-clause 22 (1).
“river” and “tributary” respectively include any affluent, effluent, creek, anabranch
or extension of, and any lake or lagoon connected with, the river or tributary.
“State” means the State of New South Wales, the State of Victoria or the State of South Australia.
“State auditor” means a person appointed by the Governor of any of the States of New South Wales, Victoria and South Australia for the purpose of carrying out the inspection and audit referred to in paragraph 59 (1) (b).
“State Contracting Government” means any of the Governments of the State of New South Wales, the State of Victoria or the State of South Australia.
“stored water” means water stored in or by any of the works described in Schedule A or in or by any of the works authorised under clause 33.
“the Authority” means the Snowy Mountains Hydro-electric Authority.
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| SCHEDULE | I— continued. |
| T he | A greem ent— continued. |
“the Snowy Mountains Agreement” means the agreement made between the Commonwealth of Australia and the States of New South Wales and Victoria on 18 September 1957, and the agreement between the same parties made on 14 December 1957, both of which agreements are set out in Schedules to the Snowy Mountains Hydro-electric Power Act 1949 of the Commonwealth of Australia.
Interpretation
2. (1) Unless the contrary intention appears, a reference in this Agreement to any
Act shall be read as including a reference to any Act amending, or in substitution for, that Act.
(2) The headings of Parts, Divisions and clauses shall not affect the interpretation of this Agreement.
(3) Unless the contrary intention appears, words importing the singular shall include the plural and vice versa and words importing any gender shall include any other gender.
(4) Unless the contrary intention appears, a reference to a Commissioner shall be read as including a Deputy Commissioner who is acting as a Commissioner.
PART II—APPROVAL AND ENFORCEMENT
Substitution
3. Except as otherwise provided in this Agreement and without affecting in any way the past operation of the former Agreement, this Agreement shall replace the former Agreement.
Approval
4. This Agreement, other than clause 5, is subject to approval by the Parliaments of the Commonwealth of Australia and of the States of New South Wales, Victoria and South Australia; and shall come into effect when so approved.
Submission to Parliament
5. The Contracting Governments hereby agree to submit this Agreement for approval
to the respective Parliaments of the Commonwealth of Australia and of the said States
as soon as practicable after the date of this Agreement.
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SCHEDULE 1—continued.
T he Agreem ent— continued.
Parties to provide for enforcement of Agreement and Acts
| 6. as it may be necessary shall provide for or secure the execution and enforcement of the provisions of this Agreement and any Acts approving it. | Each of the Contracting Governments so far as its jurisdiction extends and so far |
PART HI—THE COM MISSION
Constitution
7. The River Murray Commission constituted under the former Agreement shall continue to function for the purposes of this Agreement and of the Acts approving the same, and the Commission shall have such status and such powers and duties and enjoy such privileges and immunities as may be conferred upon it by this Agreement and the said Acts.
8. The Commission shall consist of four Commissioners.
Appointment of Commissioners and Deputy Commissioners
9. One Commissioner and one Deputy Commissioner shall be appointed by each of the Governor-General, the Governor of New South Wales, the Governor of Victoria and the Governor of South Australia.
Term of Appointment
10. Each Commissioner and Deputy Commissioner shall be appointed for a term
not exceeding five years and shall be eligible for re-appointment.
Continuation in Office
11. Where, immediately before the date on which this Agreement comes into effect, a person holds office as a Commissioner or a Deputy Commissioner by virtue of a provision of the former Agreement, he continues on and after that date, but subject to this Agreement, to hold office for the remainder of his term of office as if he had been appointed under the corresponding provision of this Agreement, and any instru ment by which his appointment was made continues in force accordingly.
When Deputy Commissioner may act
12. Whenever—
| (a) | fi) absent from Australia or from duty, |
the Commissioner for the Commonwealth or a State is— (iii) otherwise unable to perform the duties of his office, or
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SCHEDULE 1—continued.
| T he | AGREEMENT^con//«Merf. |
| (b) | there is a vacancy in the office of the Commissioner for the Commonwealth or a State, |
the Deputy Commissioner for the Commonwealth or that State, as the case may be, shall act as Commissioner for the Commonwealth or that State, as the case may be, and while so acting, shall have all the powers and perform all the duties of that Commissioner.
Powers of Commissioners
13. Subject as provided in this Agreement the Commissioners shall have equal
powers.
Remuneration of Commissioners and Deputy Commissioners
14. The Commission shall not be responsible for the payment of a Commissioner’s or Deputy Commissioner’s remuneration, allowances or expenses, but each Commissioner or Deputy Commissioner shall be paid by the Contracting Government by whose Governor-General or Governor (as the case may be) the Commissioner or Deputy Commissioner has been appointed such remuneration, allowances or expenses (if any) as shall be determined by or under any applicable law or, in the absence of such law, by that Contracting Government.
Removal from office
15. A Commissioner or a Deputy Commissioner for the Commonwealth may at any time be removed from office by the Governor-General and a Commissioner or a Deputy Commissioner for a State may at any time be removed from office by the Governor of that State.
Resignation
16. A Commissioner or a Deputy Commissioner may at any time tender resignation of his appointment by writing under his hand, addressed, in the case of a Commissioner or a Deputy Commissioner for the Commonwealth, to the Governor-General, or in the case of a Commissioner or a Deputy Commissioner for a State, to the Governor of that State and such resignation shall take effect upon, and only upon, acceptance thereof by the Governor-General or the Governor as the case may be.
Vacancies
17. Whenever a vacancy occurs in the office of—
| (a) | a Commissioner or a Deputy Commissioner for the Commonwealth, the Governor-General, or |
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SCHEDULE I—continued.
T he A greem ent— continued.
| (b) | a Commissioner or a Deputy Commissioner for a State, the Governor of that State, |
shall appoint a person to the vacant office.
Validity of proceedings
18. No act, proceeding or determination of the Commission shall be invalid on the
ground only of any defect in the appointment of any Commissioner or Deputy Com
missioner.
Meetings of the Commission
19. (1) The Commissioners may meet together for the transaction of the Commis
sion’s business and may adjourn any meeting.
(2) A Commissioner may at any time call a meeting of the Commissioners.
(3) The Commissioner for the Commonwealth shall be the President of the Com mission and shall be the chairman at all meetings of the Commission at which he is present.
(4) At any meeting of the Commission at which the Commissioner for the Common wealth is not present, the Deputy Commissioner for the Commonwealth shall act as chairman of that meeting.
(5) The Commissioner for the Commonwealth shall have a deliberative vote but shall not have a casting vote, except as provided in sub-clauses 20 (2), 82 (2) and 116 (5).
(6) The four Commissioners shall be a quorum and, except as provided in sub-clauses 20 (2), 82 (2) and 116 (5), the concurrence of all of them shall be necessary for the transaction of the business of the Commission.
(7) Except as provided in this Agreement, the Commission shall regulate the conduct of its own proceedings.
(8) The Commission shall cause proper minutes of all its proceedings to be kept.
(9) A resolution in writing signed by all the Commissioners shall be as valid and effectual as if it had been passed at a meeting of the Commissioners duly convened and held. Any such resolution may consist of several documents in like form, each signed by one or more of the Commissioners. The date and time of affixing a signature as aforesaid shall be endorsed on the document to which it is affixed and, provided that all Commissioners have signed as aforesaid, the resolution shall be deemed to have been passed at the latest time so endorsed.
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SCHEDULE X^ontinued.
The AcMEEUtm-rconfinued.
Delegation
20. (1) The Commission may either generally or in relation to a matter or class of matters by resolution of the Commission delegate to any Conunissioner or any officer any of its powers under this Agreement, except this power of delegation.
(2) A delegation under sub-clause 20 (1) may be revoked by a majority vote of the four Commissioners or, if the four Commissioners are equally divided, by the casting vote of the Commissioner for the Commonwealth.
(3) A delegation of any power pursuant to this clause shall not prevent the exercise of that power by the Commission.
(4) A power so delegated, when exercised by the delegate, shall, for the purposes of this Agreement, be deemed to have been exercised by the Commission.
Appointment of Committees
21. (1) The Commission may, from time to time, appoint such temporary or standing committees as it shall see fit.
(2) A committee shall have and perform such powers and functions as the Com mission determines.
(3) The Commission may make arrangements with a Contracting Government with respect to which costs associated with the work of a committee shall be borne by the Commission and which shall be borne by that Contracting Government. Of the costs to be borne by the Commission, the Commission shall decide which costs shall be borne by the Contracting Governments and which costs shall be borne by the State Contract ing Governments.
Officers of the Commission
22. (1) The Commission may from time to time—
| (a) | appoint or employ such officers as it thinks fit and may dismiss or remove officers so appointed or employed, |
| (b) | determine the terms and conditions of employment, including remuneration, of officers and, subject to any applicable law, provide for their superannuation, and |
(c) subject to such terms and conditions as it may approve, engage consultants.
(2) All officers shall be subject to the sole control of the Commission.
Employment of officers in public service or in statutory authorities
23. (1) The Commission may, with the consent of the Minister controlling any Department of the Public Service of any Contracting Government and on such terms as may be mutually arranged, make use of the services of any of the officers or employees of that Department.
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SCHEDULE 1—continued.
T he Agreem ent— continued.
(2) The Commission may, with the approval of a public authority and on such terms as may be mutually arranged, make use of the services of any officer or employee of that public authority.
(3) In subclause 23 (2), “public authority” means a body, whether incorporated or not, established for a public purpose by a law of the Commonwealth, a State or a Territory.
Liability for acts of Commissioners and officers
24. (1) Each Contracting Government shall indemnify the Commissioner and Deputy
Commissioner appointed by the Governor-General or the Governor of its State, as the case may be, in respect of any act or omission of that Commissioner or that Deputy Commissioner, and for any losses or costs incurred by him, in the bona fide execution of the powers vested in the Commission by or under this Agreement or any Act approving the same.
(2) The Contracting Governments shall jointly indemnify each officer of the Com mission in respect of any act or omission of that officer, and for any losses or costs incurred by him, in the bona fide execution of his duties as an officer of the Commission.
(3) Any payments made pursuant to sub-clause 24 (2) shall be borne by the Con tracting Governments in equal shares.
PART IV—WATER QUALITY AND CONTROL
Studies and investigations
25. (1) The Commission may from time to time co-ordinate, or carry out, or
cause to be carried out, surveys investigations and studies regarding the desirability and practicability of works or measures for the better conservation and regulation of the waters of the River Murray or for the protection or improvement of the quality thereof.
(2) The Commission shall not carry out or cause to be carried out any surveys investigations or studies relating to works or measures on or adjacent to a tributary of the River Murray without obtaining the consent of the State in whose territory the tributary lies unless that tributary is a tributary above Doctors Point or is the Darling River below Menindee.
(3) (a) The Commission may from time to time initiate proposals for the better conservation and regulation of the waters of the River Murray or for the protection or improvement of the quality thereof.
30785D-29
21 Act No. 86, 1983.
River Murray Waters.
SCHEDULE 1—continued.
T he Agreem ent— continued.
| (b) | Where the implementation of any such proposal would significantly affect the flow, use, control or quality of any water under the control, supervision or protection of a Contracting Government, or of an authority of a Contracting Government, the Commission shall so inform that Contracting Government or authority and consider any matters raised by that Contract ing Government or authority in respect of the proposal. |
Measurements of water quantity and quality
26. (1) The Commission shall establish, maintain and operate an effective and
uniform system—
(a) for making and recording continuous measurements of—
(i) the volumetric flow of—
(A) the River Murray, and
(B) such of the tributaries of the River Murray as are within the
boundaries of each of the States, and
(ii) the volume of—
(A) the stored water, and
(B) the water stored in the Menindee Lakes Storage,
at such locations as the Commission deems necessary to determine the volume of the intake from the several portions of the drainage area of the River Murray, the volume of flow at selected locations along the River Murray and the losses from selected reaches of the River Murray, with their positions and modes of occurrence;
| (b) | for making and recording continuous measurements of all diversions, whether natural or artificial, or partly natural and partly artificial, from the River Murray and from its said tributaries; and | |
| (c) | for measuring and monitoring the quality of— (i) the waters of the River Murray, | |
| ||
| (iii) the stored water, and (iv) the water stored in the Menindee Lakes Storage. |
| Act No. 86, 1983. | 22 |
River Murray Waters.
SCHEDULE 1—continued.
The Agreement—continued.
(2) The Commission shall not establish, maintain or operate any of the systems referred to in sub-clause 26 (1 )—
| (a) | on or adjacent to a tributary of the River Murray without obtaining the consent of the State in whose territory that tributary lies unless that tributary is a tributary above Doctors Point or is the Darling River below Menindee, or |
| (b) | on or adjacent to the Menindee Lakes without obtaining the consent of the State of New South Wales. |
(3) Notwithstanding the provisions of sub-clause 26 (1), the Commission may in lieu
of establishing, maintaining, or operating the systems referred to in that sub-clause—
| (a) | adopt the results of any measurements or monitoring made and recorded by any Contracting Government, or |
| (b) | request the State in whose territory the relevant tributary of the River Murray or the Menindee Lakes lies to carry out such measuring or monitoring as the Commission may consider necessary. |
Water quality objectivea and standards
27. The Commission may, in consultation with the appropriate responsible authorities of each of the Contracting Governments, formulate water quality objectives and, where appropriate, standards for any part of the River Murray and may make recommenda tions with respect thereto to the Contracting Governments.
Recommendations re water quantity and quaiity
28. The Commission may make recommendations to the Contracting Governments, or to any authority, agency or tribunal of a Contracting Government, concerning any matter, including the carrying out of any works or measures by a Contracting Govern ment, which, in the opinion of the Commission, may improve, maintain or in any way affect the quality or quantity of the waters of the River Murray or the stored water.
Commission to be informed of new proposals
29. (1) Whenever a Contracting Government, or one of its authorities, is considering
any proposal which may significantly affect the flow, use, control or quality of any water under the control or supervision of the Commission, that Contracting Govern ment shall, or shall ensure that the authority shall, before deciding if the proposal shall proceed and at such a time as will enable the Commission to assess the possible effect of that proposal on the flow, use, control or quality of that water and to make representations thereon to that Contracting Government or that authority—
(a) inform the Commission of the proposal; and
23 Act No. 86, 1983.
River Murray Waters.
SCHEDULE 1—continued.
| T he | A greem ent— continued. |
| (b) | provide the Commission with all necessary information and data to permit it to assess the anticipated effect of the proposal on the flow, use, control or quality of the water. |
| (2) | The’'Commission shall consult with each of the Contracting Governments, and |
with any authority of a Contracting Government which that Contracting Government considers is likely to consider a proposal of the type referred to in sub-clause 29 (1), with a view to reaching agreement with that Contracting Government, or that authority, as to—
(a) the types of proposals to which sub-clause 29 (1) shall be deemed to apply; and
| (b) | the criteria to be used in assessing those proposals to which sub-clause 29 (1) applies. |
Regard to be had to river and water management objectives
30. In exercising its powers under this Agreement and in implementing the pro
visions of Part IX, the Commission may, at its discretion, have regard to the possible
effects of its decisions on any river or water management objectives.
Protection of catchment of Hume Reservoir
| 31, | (1) The Contracting Governments of the States of New South Wales and |
Victoria shall take effective measures to protect from erosion the portions of the catch ment of the Hume Reservoir which lie within their respective States.
(2) Each of the said Contracting Governments shall before the end of June in each year forward a report to the Commission on the condition of the portion of the catch ment of the Hume Reservoir within its territory, the measures taken and work carried out during the twelve months ending on the ,31st day of March immediately preceding and particulars of the measures and works proposed for the next twelve months.
(3) The Commission shall, from time to time, inspect or cause to be inspected such portions of the catchment of the Hume Reservoir as it thinks fit and may indicate at any time whether in its opinion the measures taken and works carried out by the said Contracting Governments for the protection from erosion of that catchment are effective or otherwise. If. on any inspection, the Commission considers that any of those measures or works are ineffective, it shall notify the Contracting Government concerned which shall, to the extent that it may be practicable to do so, take action to make those measures and works effective,
(4) The measures, works and action taken or carried out by a Contracting Govern ment pursuant to sub-clause 31 d ) or 31 (3) shall be taken or carried out at the cost of that Contracting Government.
Act No. 86, 1983.
River Murray Waters.
SCHEDULE 1—continued.
| T he | Agreem ent— continued. |
| (5) | If at any time the Commission considers that there is need for special action to |
be taken for the protection from erosion of the catchment of the Hume Reservoir other than, or in addition to, the measures, works and action taken or carried out by each of the said Contracting Governments under sub-clauses 31 (1) and 31 (3), the Commission may require the Contracting Government, in whose territory the special action is to be carried out, to investigate the position and to take such special action as may be required, and authorised, by the Commission.
PART V—CONSTRUCTION, OPERATION AND MAINTENANCE OF WORKS
Major works subject to the Agreement
32. Each of the works described in Schedule A or authorised under clause 33 shall
be constructed (unless already constructed under the former Agreement), maintained, operated and controlled pursuant to the provisions of this Agreement and any Acts approving the same and the construction, maintenance, operation and control of each of those works shall, subject to the provisions of this Agreement, be undertaken, in the case of the works described in Schedule A, by the Contracting Government whose name is set opposite to that work under the heading “Nominated Government” in the said Schedule, and, in the case of works authorised under clause 33, by the Contracting Government nominated in accordance with that clause.
Authorisation of additional works
33. (1) In any case where the Commission is of the opinion that it is necessary
for the purposes of this Agreement to construct a work in addition to those described in Schedule A, including a work which the Commission has determined is necessary to prevent the loss of the regulated flow of the River Murray and is to be constructed on or near the River Murray between the Hume Reservoir and the upstream limits of water impounded by Yarrawonga Weir or between Tocumwal and Echuca, the construction of that work may be authorised,
| (a) | if the estimated cost of construction of that work is not in excess of $1,000,000, by the Commission, or |
(b) in any other case, by the Contracting Governments jointly,
and the provisions of this Agreement shall apply mutatis mutandis in respect of that
| work. | _ |
| (2) | When the construction of a work is authorised under sub-clause 33 (1), the |
Contracting Governments, or the Commission, as the case may be, shall also nominate which Contracting Government shall be responsible for the construction, main tenance, operation and control of that work.
25 Act No. 86, 1983.
River Murray Waters.
SCHEDULE 1—continued.
T he A greem ent— continued.
Ancillary, preventative and remedial works
34. On the application of a Commissioner, the Commission may, at its discretion,
meet, or contribute to, the costs of, or associated with—
(a) the construction, maintenance, operation or control of,
(i) any works of a Contracting Government ancillary to the works con structed pursuant to this Agreement or the former Agreement, and
(ii) any preventative or remedial works of a Contracting Government necessitated by, or arising from, the construction or operation of works constructed pursuant to this Agreement or the former Agreement,
| (b) | the acquisition by a Contracting Government of any interest in land necessary for the construction, maintenance, operation or control of those ancillary, preventative or remedial works, or for the provision of flood easements, and |
| (c) | remedying any actual or anticipated damage or injury occasioned by the construction, maintenance, operation or control of any works provided for in this Agreement or the former Agreement, |
provided that the Commission shall first obtain the consent of the Contracting Govern ments before meeting, or contributing to, the costs of, or associated with, the construc tion of any ancillary, preventative or remedial work estimated to cost in excess of $250,000.
Preparation and submission of designs, etc. for Commission approval
35. (1) Whenever a Contracting Government is nominated to construct a work
pursuant to this agreement, that Contracting Government shall cause to be prepared and submitted to the Commission for its approval a general scheme of the work to be constructed, and before commencing the construction of that work shall cause to be prepared and submitted to the Commission for its approval the necessary designs, specifications and estimates of that work.
(2) The Commission may approve the said general scheme, designs, specifications or estimates with or without alterations or additions, or may, from time to time, refer them or any of them for amendment to the Contracting Government submitting them. The construction of the work shall be carried out in accordance with the designs and specifications approved by the Commission and with any directions given by the Commission pursuant to clause 37.
(3) The Commission shall furnish information to the Contracting Governments in relation to the design and construction of any work estimated to cost more than $1,000,000 and work shall not proceed unless the Contracting Governments are satisfied that the design and construction of the work are in accordance w'ith the purposes for which the w'ork was proposed. For the purposes of this sub-clause, design means general design which illustrates the nature and extent of the work and construction implies construction in accordance w ith the said design.
| Act No. 86, 1983. | 26 |
River Murray Waters.
SCHEDULE 1—continued.
| T he | Agreem ent— continued. |
Commission and Governmeni approval of certain tenders
36. (1) A Constructing Authority shall obtain the approval of the Commission before accepting any tender exceeding $1,000,000 in respect of any work to be con structed pursuant to this Agreement, and the approval of the Commission shall not be given without the prior approval of each of the Contracting Governments.
(2) If, after a tender referred to in sub-clause 36 (1) has been accepted, changes in the concept or design, or the concept and design, of the works included in that tender cause the total estimated cost of those works at the time of acceptance of the tender to rise by more than 10% above that total estimated cost, the Commission shall forthwith notify the Contracting Governments accordingly and shall direct the Constructing Authority to suspend further work unless the Contracting Governments have within six months after the Commission’s notification agreed that work should proceed.
Directions for the efficient construction etc. of works
37. The Commission shall have full power to give directions to ensure the efficient construction, operation and required performance of all works constructed pursuant to this Agreement or the former Agreement and to order and direct—
(a) the rate of progress of works whether of construction or maintenance;
(b) the method and extent of maintenance of works;
| (c) | if necessary, what works shall be regarded as works of construction or of main tenance; and |
| (d) | such acts and things as it considers necessary for ensuring the due observance of this Agreement; |
and any directions so given shall be carried out by the Constructing Authority.
Completion of Chowilla Reservoir
38. Completion of the construction of the Chowilla Reservoir referred to in Schedule A shall be deferred until the Contracting Governments agree that the work shall proceed.
States to facilitate construction and operation within their territories
39. A Contracting Government within whose State any works for the purposes of this Agreement are to be, or are being, or have been, constructed by another Contracting Government, or an authority constituted or appointed for the purpose of that con struction by another Contracting Government, shall grant to the Contracting Govern ment or Constructing Authority all such powers, licences and permissions in and to the use of, or with respect to, its territory as may be necessary for the construction, maintenance, operation and control of those works and for carrying out any operations authorised by this Agreement.
27 Act No, 86, 1983,
River Murray Waters.
SCHEDULE 1—continued.
| The | A greem ent— continued. |
Works for benefit of State Contracting Governments
40. If any one of the State Contracting Governments desires to carry out on the bed of, or within the hanks of, the River Murray any work other than the works provided for in this Agreement, either as a work of the State of that State Contracting Government, or as a joint work with another State Contracting Government, particulars of the proposal, including plans of the proposed work, shall be submitted by that State Contracting Government, or those State Contracting Governments, to the Commission, The Commission may approve the proposed work with or without alteration and if the proposed work provides for the storage of water or will affect the flow, use, control or quality of the waters of the River Murray, the Commission may, from time to time, stipulate conditions under which the said work shall be operated or controlled insofar as regulation of the river flow, or the quality of water, may be affected, and the whole cost of construction, maintenance, operation and control of the said work shall be borne by the State Contracting Government or State Contracting Governments con cerned, as may be agreed upon between them, and the State Contracting Government which operates and controls the work shall cause it to be operated and controlled in such manner as may, from time to time, be required by the Commission,
Declaration that works effective
41. At any time after the commencement of the construction of any work described in Schedule A or authorised pursuant to sub-clause 33 (1), the Commission may declare that work to be effective for the purposes of this Agreement.
Maintenance of works
42. Where a Contracting Government has been nominated to construct a work pursuant to this Agreement or the former Agreement, that Contracting Government shall maintain the work so constructed and keep the same effective for the purpose for which it was designed, unless that work shall have been declared to have become ineffective in accordance with clause 47.
Procedures for operation and control of works
43. The Commission may, from time to time, determine procedures for the operation
and control of works constructed pursuant to this Agreement, or the former Agreement,
Dredging and Snagging
44. (1) Where any wcjr has been constructed pursuant to this Agreement, or the
former Agreement, the Commission may from time to time, at its discretion, deter mine that dredging or snagging in (he River upstream of that weir shall be carried out
| Act No. 86, 1983. | 28 |
River Murray Waters.
SCHEDULE 1—continued.
| T he | A greem ent— continued. |
within such distance from that weir as the Commission shall determine, but not exceeding the distance to which the navigability of the River Murray is affected by that weir. The Contracting Government which constructed that weir shall, at its own cost, carry out such dredging or snagging as the Commission may determine.
(2) Notwithstanding the provisions of sub-clause 44 (1), the Commission may, in its absolute discretion, agree to bear the whole or part of the cost of the said dredging and snagging.
(3) For the purposes of this clause, “weir” includes a weir and lock or a barrage in any of the channels at the mouth of the River Murray.
Operation and control of works
45. The works constructed by a Contracting Government under this Agreement, or
the former Agreement, shall be operated and controlled by that Contracting Govern ment in accordance with procedures determined by the Commission pursuant to clause 43; and that Contracting Government, in the case of a lock constructed pursuant to this Agreement, or the former Agreement, shall at all times maintain immediately upstream thereof a depth of water sufficient for navigation by vessels drawing 1.4 metres of water or such other depth of water as may be determined by the Commission under clause 105 provided that the requirement as to depth shall not apply during the time that lock is closed for maintenance or during a situation of emergency which renders it impracticable to maintain the required depth of water at that lock.
Performance of joint duties
46. Where, pursuant to this Agreement, the duty of maintaining, operating or con
trolling any works, or of carrying out any operation, is to be performed by any two Contracting Governments jointly, any questions which may arise as to which of those Contracting Governments is to perform that duty, or to carry out that operation, shall, unless mutually agreed upon between them, be determined by the Commission.
Ineffective works
47. The Commission may at any time declare that the whole or any part of any of
the works constructed, maintained, operated or controlled pursuant to this Agreement, or the former Agreement, has become ineffective for the purposes of this Agreement, whereupon, if requested to do so by the Commission, the State Contracting Government responsible for the maintenance, operation and control of that work shall dismantle so much of that work as the Commission may require.
29 Act No. 86, 1983.
River Murray Waters.
SCHEDULE 1—continued.
T he A greem ent— continued.
PART VI—FINANCE
Apportionment of costs
48. (1) The Contracting Governments shall share equally—
(a) the cost of—
(i) carrying out, constructing or installing the works set out in Schedule A,
(ii) the studies, programmes, surveys and investigations carried out pursuant to clause 25,
(hi) establishing systems referred to in sub-clause 26 (1) or systems estab lished pursuant to a request made under paragraph 26 (3) (b),
(iv) special action taken under sub-clause 31 (5) which the Commission has determined pursuant to sub-clause 48 (4) shall be borne by the Contract ing Governments in equal shares,
(v) constructing the works authorised under sub-clause 33 (1) unless the Contracting Governments have entered into an agreement under sub clause 48 (3),
(vi) complying with a direction given under sub-clause 36 (2), and
(vii) dismantling the works referred to in clause 47,
| (b) | the costs associated with the work of a committee which the Commission has decided under sub-clause 21 (3) are to be borne by the Contracting Governments, |
(c) the amount of any payment made by the Commission
(i) under clause 34 but not including the amount of any payment made in respect of the maintenance, operation or control of the works of a Contracting Government referred to in paragraph 34 (a), (b) or (c), and
(ii) under paragraph 114 (a), and
| (d) | the administrative and other expenses of the Commission which are not included under paragraphs 48 (1) (a), (b) or (c). |
(2) The State Contracting Governments shall share equally—
(a) the cost of maintaining, operating and controlling—
(i) the works set out in Schedule A,
(ii) systems referred to in sub-clause 26 (1) or systems established pursuant to a request made under paragraph 26 (3) (b), and
| «• | «"!<; if |
| Act No. 86, 1983. | 30 |
River Murray Waters.
SCHEDULE 1—continued.
| T he | A greem ent— continued. |
(iii) the works authorised under sub-clause 33 (1) unless the Contracting Governments have entered into an agreement under sub-clause 48 (3),
| (b) | the costs associated with the work of a committee which the Commission has decided under sub-clause 21 (3) are to be borne by the State Contracting Governments, |
| (c) | the cost of special action taken under sub-clause 31 (5) which the Commission has determined pursuant to sub-clause 48 (4) shall be borne by the State Contracting Governments in equal shares, |
| (d) | the amount of any payment made by the Commission in respect of the main tenance, operation or control of the works of a Contracting Government referred to in paragraph 34 (a), (b) or (c), |
| (e) | such costs of dredging or snagging carried out under clause 44 as the Commis sion has agreed to pay, and |
(f) the amount of any payment made by the Commission under paragraph 114 (b). (3) The Contracting Governments may agree that the costs of constructing, main taining, operating and controlling the works referred to in sub-clause 33 (1) shall be borne by one or more of the Contracting Governments in such shares as may be agreed.
(4) Whenever any special action is taken under sub-clause 31 (5), the Commission
shall determine whether the cost of that special action is to be borne by the Contracting
Governments in equal shares or by the State Contracting Governments in equal shares.
Financial year
49. The financial year of the Commission shall commence on the first day of July
in one year and finish on the 30th day of June in the succeeding year.
Detailed estimates of expenditure
50. (1) In the month of March in each year the Commission shall prepare detailed
estimates (being estimates in such form as may from time to time be agreed by the Commission and the Contracting Governments) of its known and anticipated expendi ture for the forthcoming financial year under the following heads—
(a) the matters referred to in paragraphs 48 (1) (a), (b) and (c),
(b) the matters referred to in sub-clause 48 (2),
31 Act No. 86, 1983.
River Murray Waters.
SCHEDULE 1—continued.
T he A greem ent— continued.
(c) the matters referred to in paragraph 48 (1) (d), and
| (d) | all other expenses of the Commission not included under paragraphs 50 (1) (a), (b) or (c). |
(2) The detailed estimates of expenditure shall show the share to be contributed by each Contracting Government.
(3) Prior to the 31st day of March in each year, the Commission shall forward a
copy of the detailed estimates of expenditure to each of the Contracting Governments.
Excess expenditure
51. (1) If, in the opinion of the Commission, it is necessary in any financial year to
provide for any expenditure in excess of the amount set out in the detailed estimates of expenditure and for which provision cannot be made under sub-clause 64 (2), the Commission shall prepare a detailed estimate of that excess expenditure (being an estimate in such form as may from time to time be agreed by the Commission and the Contracting Governments) showing the share to be contributed by each Con tracting Government.
| (2) | A copy of the detailed estimate of excess expenditure shall be forwarded to each |
Contracting Government.
Forward estimates
52. (1) Whenever the Commission prepares a detailed estimate of expenditure under
clause 50 in respect of a financial year, it shall, at the same time, prepare forward estimates of its known and anticipated expenditure in respect of the three year period comprising that financial year and the two financial years next ensuing after that financial year.
(2) Each forward estimate shall be in the same form as a detailed estimate of expenditure prepared under clause 50 and the Commission shall forward a copy thereof to each Contracting Government prior to the 31st day of March in each year.
Payments by Contracting Governments
53. Each Contracting Government shall provide the share to be contributed by it
under the detailed estimates of expenditure or a detailed estimate of excess expenditure and shall pay so much of the same as is required by the Commission before the expira tion of the twelve month period to which those estimates apply, provided that the Commission shall not require the payment of moneys relating to the construction of the works referred to in sub-clause 33 (1) until the construction of those works has been authorised in accordance with that sub-clause.
| Act No. 86, 1983. | 32 |
River Murray Waters.
SCHEDULE 1—continued.
T he Agreem ent— continued.
Payments by Commission to States
54. (1) In accordance with the detailed estimates of expenditure or a detailed estimate
of excess expenditure prepared by the Commission pursuant to clause 50 or 51, the Commission shall in each year pay to any Constructing Authority required by this Agreement to construct, maintain, operate or control any works or to carry on any operation an amount sufficient to defray the cost to be incurred by that Constructing Authority for those purposes in that year or, in the case of the cost referred to in paragraph 114 (b), three-quarters of that cost.
(2) The amounts to be paid to a Constructing Authority pursuant to sub-clause 54 (1) shall be paid at such times and in such manner as may be agreed between the Com mission and that Constructing Authority provided that no amount shall be paid to a Constructing Authority for construction of works referred to in sub-clause .13 (1) until the construction of those works has been authorised in accordance with that sub-clause.
Unexpended balances
55. (1) Whenever any moneys, which have been paid to the Commission by a
Contracting Government pursuant to clause 53, remain unexpended at the end of the financial year in respect of which they were paid, those moneys shall be retained by the Commission but shall cease to be available for expenditure by the Commission in accordance with the estimates of expenditure for that financial year.
(2) The Commission shall, within a reasonable time after the commencement of the next financial year, furnish details of the unexpended moneys to that Contracting Government and notify that Contracting Government that it now holds the unexpended moneys as part of the share to be contributed under clause 53 by that Contracting Government for the next financial year.
(3) On giving the notice referred to in sub-clause 55 (2). the unexpended moneys shall become available for expenditure in accordance with the estimates of expenditure for the next financial year.
(4) For the purposes of this clause:
“the estimates of expenditure” means a detailed estimate of expenditure, or a detailed estimate of excess expenditure, or both, as the case may require,
“the next financial year” means the financial year next following the financial year referred to in sub-clause 55 (1), and
33 Act No. 86, 1983.
River Murray Waters.
SCHEDULE 1—continued.
T he A greem ent— continued.
“the unexpended moneys” means the unexpended moneys referred to in sub-clause
55 (1).
Disposal of surplus assets
56. The Commission shall, whenever appropriate, determine the time and manner of disposal of surplus assets acquired by the Commission, or by a Constructing Authority with funds made available by the Commission, and shall also determine the manner in which the proceeds from that disposal shall be distributed among the Contracting Governments.
Proper accounts to be kept
57. The Commission shall cause to be kept proper accounts and records of the transactions and affairs of the Commission and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of, the Commission and over the incurring of liabilities by the Commission.
List of assets
58. The Commission shall cause to be kept a list of the assets acquired by—
(a) the Commission, and
(b) a Constructing Authority with funds made available by the Commission
provided that, if the Commission is satisfied that proper records of the assets acquired by a Constructing Authority with funds made available by the Commission are kept by that Constructing Authority and that copies of those records will be made available to the Commission whenever the Commission so requests, the Commission may decide not to keep a list of those assets.
Audit
59. (1) The accounts and records of financial transactions of the Commission and
records relating to assets of, or in the custody of, the Commission
| (a) | shall, at least once in each year, be inspected and audited by the Commonwealth auditor, who shall forthwith draw the attention of each Contracting Govern ment to any irregularity disclosed by the inspection and audit that is, in his opinion, of sufficient importance to justify his so doing, and |
(b) may at any reasonable time, be inspected and audited by a State auditor.
(2) The Commonwealth auditor may, at his discretion, dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in sub clause 59 (1).
Act No. 86, 1983.
River Murray Waters.
SCHEDULE 1—continued.
| T he | Agreem ent— continued. |
(3) The Commission shall, at all reasonable times, allow the Commonw'eaith auditor, or a State auditor, or a person authorised by either of them, to have full and free access to all accounts and records of the Commission relating directly or indirectly to the receipt or payment of moneys by the Commission or to the acquisition, receipt, custody or disposal of assets by the Commission.
(4) The Commission shall permit the Commonwealth auditor or a State auditor, or a person authorised by either of them, to make copies of, or take extracts from, any such accounts or records.
(5) The Commission shall, and shall ensure that its officers shall, furnish to the Commonwealth auditor, a State auditor, or a person authorised by either of them, such information in the possession of the Commission or any of its officers, or to which the Commission or that officer has access, as the Corhmonwealth auditor, a State auditor or authorised person considers necessary for the purposes of the functions of the Commonwealth auditor or a State auditor under this clause.
(6) A report of the result of any inspection and audit under this clause shall be furnished to each Contracting Government and to the Commission by the person making that inspection and audit.
Commission to account
60. The Commission shall account to the Contracting Governments for all moneys
received by the Commission from the Contracting Governments under or for the
purposes of this Agreement.
Contracting Governments to account
61. Each Contracting Government shall, and shall ensure that an authority of that
Contracting Government shall, account to the Commission for all moneys received by that Contracting Government, or that authority, from the Commission under or for the purposes of this Agreement.
Bank accounts
| 62, | (1) The Commission may open and maintain an account or accounts with a |
bank or banks selected by the Commission and shall maintain at all times at least one
such account.
(2) The Commission shall pay all moneys received by it into an account referred to in sub-clause 62 (1).
35 Act No. 86, 1983.
River Murray Waters.
SCHEDULE 1—continued.
T he A g r e e m e n t — continued .
Investment
63. (1) Moneys of the Commission not immediately required for the purposes of this
Agreement may be invested by the Commission on fixed deposit with a bank selected by the Commission.
(2) Any interest received by the Commission on moneys invested pursuant to sub clause 63 (1) shall be retained by the Commission until the end of the financial year in which it was received and,
| (a) | if the moneys in respect of which that interest was received were contributed by all the Contracting Governments, or by a State Contracting Government pur suant to clause 65, distribute that interest to the Contracting Governments in equal shares, and |
| (b) | if the moneys in respect of which that interest was received were contributed only by the State Contracting Governments, or by one of them pursuant to clause 66, distribute that interest to the State Contracting Governments in equal shares. |
(3) The Commission may agree with a Contracting Government that, instead of distributing to that Contracting Government the moneys it would be entitled to receive under sub-clause 63 (2), the Commission shall retain those moneys and set them off against the amounts to be paid under clause 53 by that Contracting Government to the Commission during the next financial year.
Application of moneys by Commission
64. (1) Subject as hereinafter provided in this clause, the Commission shall apply
moneys received by it pursuant to clause 53 only in accordance with the detailed estimates of expenditure or the detailed estimates of excess expenditure, as the case may be.
(2) (a) For the purposes of this sub-clause—
“estimated amount” in respect of the first item or the second item means the amount set opposite to that item in a detailed estimate of expenditure as the amount to be expended on that item in the financial year to which that detailed estimate of expenditure relates,
“the first item” means an item appearing under one of the heads set out in sub-clause 50 (1) in the same detailed estimate of expenditure in which the estimated amount appears, and
| „ in | r v. |
| Aot No. 86, 1983. | 36 |
River Murray Waters.
SCHEDULE 1—continued.
| T he | A greem ent— |
“the second item” means an item, not being the first item, appearing in the same detailed estimate of expenditure and under the same head as the first item.
(b) If the Commission is satisfied that, in a financial year,
(i) the actual amount required to be expended on the first item shall be less than the estimated amount for that item, and
(ii) the actual amount required to be expended on the second item shall be greater than the estimated amount for that item
the Commission may, at its discretion, expend on the second item so much of the estimated amount for the first item as is not required for expenditure on the first item.
(3) The Commission shall, at the end of each financial year, notify to the Contracting Government details of moneys it has expended pursuant to sub-clause 64 (2) during that financial year.
(4) When, in any financial year, a detailed estimate of excess expenditure has been prepared and forwarded to each Contracting Government in accordance with clause 51 that detailed estimate of excess expenditure shall, for the purposes of sub-clause 64 (2), be read as being incorporated in, and forming part of, the detailed estimate of expenditure for the same financial year.
Revenue
65. If a Contracting Government or an authority of that Contracting Government
receives moneys (other than tolls referred to in clause 66) from any person arising out of the use by that person of any works constructed for the purposes of this Agreement or the former Agreement, that Contracting Government shall, or shall ensure that that authority shall, pay those moneys to the Commission which shall retain them until the end of the financial year in which they were received by the Commission when the Commission shall distribute those moneys to the Contracting Governments in equal shares.
Tolls
66. (1) A State Contracting Government shall collect all tolls which are prescribed
by the Commission for the use of weirs and locks which have been constructed for the purposes of this Agreement or the former Agreement and which are operated and controlled by that State Contracting Government pursuant to clause 45 and shall not otherwise collect tolls in respect of navigation on the River Murray.
37 Act No. 86, 1983.
River Murray Waters.
SCHEDULE 1—continued.
T he Agreem ent— continued.
(2) Whenever a State Contracting Government collects a toll prescribed by the Commission, it shall pay the amount collected without deduction to the Commission which shall retain that amount until the end of the financial year in which it was received by the Commission when the Commission shall distribute that amount to the State Contracting Governments in equal shares.
Compensation for damage by works
67. Where, pursuant to any Act approving this Agreement, a Constructing Authority
has made compensation for any damage occasioned by, or arising out of, anything done by it in constructing, maintaining, operating or controlling any works provided for in this Agreement, the amount of that compensation, to the extent that it has not been met, or contributed to, by the Commission under paragraph 34 (c), shall be contributed by the Contracting Governments in equal shares.
PART VII—REPORTS
Preparation of reports
68. (1) The Commission shall, as soon as practicable after the 30th day of June in
each year, prepare and submit to each of the Contracting Governments in respect of the financial year ending on that date its financial statements together with a report as to—
(a) its proceedings;
| (b) | the operations carried on by it or under its orders, with particular reference to— |
(i) the measurement of the flow of the River Murray and its tributaries,
(ii) the measurement and monitoring of the quality of water, and
(iii) deliveries of water;
| (c) | the effect of the diversions to the said 30th day of June on the flow of the River Murray and its tributaries; |
| (d) | the construction, operation and maintenance of all works constructed pursuant to this Agreement or the former Agreement; |
(e) its administration generally; and
| (f) | the condition of the catchment of the Hume Reservoir and any action taken by the Commission to protect from erosion the catchment thereof pursuant to clause 31. |
| Act No. 86, 1983. | 38 |
River Murray Waters.
| SCHEDULE | I— continued. |
| T he | A greem ent— continued. |
(2) Before submitting financial statements to the Contracting Governments, the Commission shall submit them to the Commonwealth auditor who shall report to each of the Contracting Governments—
| (a) | whether, in his opinion, the statements are based on proper accounts and records, |
(b) whether the statements are in agreement with the accounts and records,
| (c) | whether, in his opinion, the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Commission during the year have been in accordance with this Agreement, and |
| (d) | as to such other matters arising out of the statements as the Commonwealth auditor considers should be reported to the Contracting Governments. |
(3) Reports and statements to be submitted pursuant to sub-clause 68 (1) shall be addressed to the Governor-General or the Governor (as the case may require).
PART VIII—PROCEEDINGS IN DEFAULT
Failure to perform works or contribute cost
69. (1) If any Contracting Government (in this clause called “the defaulting Govern
ment”) whose duty it is under this Agreement, or under any direction issued in accord ance with this Agreement, to construct, or to continue the construction of, or to maintain, operate or control, any works, or to carry on any operation, or to make a payment to the Commission which it is required to make under clause 53, refuses or neglects to do so after being thereunto required by the Commission, the Commission shall immediately notify to each of the other Contracting Governments particulars of the default.
(2) If the default relates to the construction of, or to the continuation of the construction of, or to the maintenance, operation or control of, any works, or to the carrying on of any operation, ihe Contracting Governments that are not in default and each of them, with the approval of the Commission,
| (a) | may, without prejudice to their or its other rights under this Agreement, enter upon the territory of the defaulting Government and construct, or continue and complete the construction of. or maintain, operate or control, the whole of those works (or any part thereof specified by the Commission), or carry on that operation (or any part thereof specified by the Commission) and shall be deemed to have all such powers, licences and permissions as are required from the defaulting Government to construct, maintain, operate or control those works or to carry on that operation and shall be entitled, in place of the |
39 Act No. 86, 1983.
River Murray Waters.
SCHEDULE 1—continued.
T he Agreem ent— continued.
C o n s t r u c t i n g A u t h o r i t y required by t h i s Agreement to c o n s t r u c t , m a i n t a i n ,
operate or control those works, or to carry on that operation, to receive the moneys payable to that Constructing Authority under clause 54 in respect of that construction, maintenance, operation, control or carrying on, and
| (b) | may, in any court of competent jurisdiction, recover as a debt from the defaulting Government all moneys reasonably expended by them or it in doing any of the things referred to in paragraph 69 (2) (a) in excess of the moneys paid to them or it by the Commission under that paragraph, together with interest thereon at the prescribed rate. |
(3) For the purpose of any act or thing to be done under sub-clause 69 (2), the Contracting Governments that are not in default and each of them shall have the rights and powers of a Constructing Authority, but the defaulting Government shall, on the completion of such act or thing and the payment of all moneys payable by it under sub-clause 69 (2), he deemed to be the Constructing Authority.
(4) If the defaulting Government defaults in the payment by the due date for payment of a sum of money which it is required under clause 53 to pay to the Commission, the defaulting Government shall be liable to pay interest to the Commission on the amount of the overdue payment at the prescribed rate, and the Contracting Governments that arc not in default and each of them shall have the right (but not the obligation) at any time to pay to the Commission any unpaid sum with accrued interest thereon on behalf of the defaulting Government. Any amount paid by a Contracting Government not in default on behalf of the defaulting Government (to gether with interest thereon at the prescribed rate calculated from the date of such payment to the Commission by the Contracting Government that is not in default) shall constitute a debt due and payable by the defaulting Government to the Con tracting Government that made the payment and shall be recoverable accordingly in any court of competent jurisdiction.
(5) Any interest received by the Commission under this clause shall be paid—
(i) to the Contracting Governments not in default in equal shares, if the moneys in respect of which the interest was received were moneys which the defaulting Government was required to pay in respect of any of the matters referred to in sub-clause 48 (1), or
(ii) to the State Contracting Government not in default in equal shares, if the moneys in respect of which the interest was received were moneys which the defaulting Government was required to pay in respect of any of the matters referred to in sub-clause 48 (2).
| (6) | For the purposes of this clause, “the prescribed rate” shall be a rate of 2% per |
annum above the maximum overdraft rate fixed by the Reserve Bank of Australia for amounts of $100,000 or less and applicable at the time payment became due or, if no
49 Act No. 86, 1983.
River Murray Waters.
SCHEDULE 1—continued.
| T he | A g r e e m e n t — continued . |
(2) The Commission may at any time, with the consent of an upper State, determine that certain quantities of water in transit in the upper river are surplus to the require ments of that State and reallocate the whole or part of such quantities from that State to the other upper State.
Accounting for quality of inputs from State tributaries and for Snowy Scheme
97. (1) The quantities of water allocated to the upper States may be adjusted by the Commission having regard to the quality of each State’s tributary inputs to the upper river. To this end, the Commission shall as soon as practicable bring into effect, and may from time to time amend, rules for the adjustment of the quantities of water allocated to the States of New South Wales and Victoria having regard to the quality of water entering the upper river downstream of Doctors Point from tributaries and from any artificial outfalls.
(2) The Commission may adjust the quantities of water allocated to the States of New South Wales and Victoria under paragraph 88 (1) (b) having regard to any extra ordinary aspects of operation of the Snowy Scheme.
To provide efficient regulation of the Murray River
98. Any water used by an upper State or supplied to the State of South Australia by an upper State, shall be deemed to be provided from water allocated to that upper State and the Commission may as necessary to ensure the availability of appropriately allocated water at the place of such use or supply, reallocate quantities of water in the upper river but shall not thereby alter the total quantities of water allocated to the respective upper States in the upper river.
Accounting procedures
99. Subject to clauses 95, 96, 97 and 98, the quantity of water in any part of the
upper river and which is allocated to an upper State shall be deemed—
| (a) | to increase in any period by the quantity of water allocated to that State flowing into that part in that period, and |
(b) to decrease in any period by any quantities of water—
(i) used by that State by way of diversion or loss from that part in that period, or
(ii) passed from that part in that period for
—downstream use by that State,
—supply by that State to the State of South Australia.
—conveyance to another part of the upper river as water allocated to
that State, or
| Act No. 86, 1983. | 50 |
| River Murray Waters. |
| SCHEDULE | -continued. |
| T he | A g r e e m e n t— continued . |
(iii) released from that part in that period and determined or deemed under paragraph 83 (1) (b) or clause 103 to be a release of water allocated to that State, or
(iv) spilled from that part in that pei iod and deemed under clause 100 to be a spill of water tilloeatcd to that State.
.Accoiinfing for spill from storages
100. Any quantity of writer which is spilled from any of the upper river storages, including water released solely to provide space for the retention of fioodwaters, shall be deemed to be water spilled out of the waters allocated to the respective upper Slates, in such proportions as equalizes or tends most to equalize the remaining quantities of water allocated to the respective upper States in that storage.
Accounting for releases through Dartmouth Dam Power Station
101. Any quanthy of water which is released from Dartmouth Reservoir through the hydro-electric power station shall be deemed to be released from waters allocated to the respective upper States—
| (a) | in such proportions as equalizes, or tends most to equalize, the remaining quantities of vvtUer allocated to the respective upper States in that reservoir, if the water is released when the storage level in Dartmouth Reservoir is above such level as the Commission may from time to time determine for the purposes of this paragraph, or |
| (b) | in equal proportions, if the water is released otherwise than in the circumstances referred to in paragraph 101 (a). |
Reallocation of water in Menindee Lakes Storage
102. At the conclusion of ;mv period during which sub-clause 78 (I) applies, the quantities of water stored in the Menindee Lakes Storage and allocated respectively to the States of New South Wales and Victoria shall be adjusted so that the dilference between those quantities becomes the same as the difference in the allocated quantities as at the beginning of that period.
Dilution at Swan Hill and Merbein
103. Until rules ha\e been brought into clTect under sub-clause 97 (1). any quantity
of water released from an upper river storage in accordance with sub-clause 83 (2) or 83 (3) and in excess of requirements for use by the upper States and for supply to the State of South Australia shall be deemed to be released in equal proportions from water allocated to the upper Statc.s, unless otherwise determined by the Com mission.
51 Act No. 86, 1983.
River Murray Waters.
SCHEDULE 1—continued.
| T he | A g r e e m e n t — continued . |
| D i v i s i o n | 5 — | P e r i o d s | o f | R e s t r i c t i o n |
Declaration of restrictions
104. The Commission may at any time declare a period of restriction for a specified
period of whole months ending not before the 31st day of May next ensnine -ind may subsequently amend any such declaration, but the Commission shall declare a period of restriction unless it is satisfied that the quantities of water available for release at the direction of the Commission from the upper river storages will not be, at the 31st day of May then next ensuing, below 2,500,000 megalitres of which not less than 250,000 megalitres will be in Lake Victoria or unless it,resolves that it is not necessary to do so.
Variation of navigation depths during restrictions
105. When a period of restriction has been declared by the Commission pursuant to
clause 104, the Commission may vary the provisions of clause 45 respecting the depth of water to be maintained at the locks constructed pursuant to this Agreement or the former Agreement.
Water under the control of the Commission
106. For the purposes of this Division, "water under the control of the Commission'’
means the aggregate of—
| (a) | the water stored in the Hume and Dartmouth Reservoirs at the commencement of the period of restriction; |
| (b) | the water stored in Lake Victoria at the commencement of the period of restriction; |
| (c) | the water available for release from the Mcnindcc Lakes Storage at the direction of the Commission in accordance with clause 82 during the period of restriction, after allowing for New South Wales’ prior entitlements under clause 78; |
| (d) | during the period of restriction the runoff from the catchment of the upper river above Doctors Point, excluding water diverted from the Tooma River to the Eucumbene Storage and the Tumut River and from the Geehi River to the Snowy River; |
| (e) | water diverted to the upper river above Doctors Point by works of the Authority during the period of restriction; |
| (f) | the difference between the amount of water in transit in the upper river at the beginning and end of the period of restriction. |
| Act No. 86, 1983. | 52 |
River Murray Waters.
SCHEDULE 1—continued.
l l iE A g r e e m e n t — continued .
Sharing of water during restrictions
107. As soon as practicable after a period of restriction has been declared, and from time to time during that period, the Commission shall—
(a) determine the expected quantity of water under the control of the Commission;
| (b) | determine the quantity of water which is to be allowed during the period of restriction for— |
(i) losses by evaporation, percolation, and other means in the upper river;
(ii) losses by evaporation, percolation, and other means in the River Murray between the eastern boundary of the State of South Australia and the town of Wellington and for dilution in the State of South Australia, but the total quantity of water allowed for under this sub-paragraph shall be 58,000 megalitrcs per month, unless otherwise determined by the Com mission;
| (c) | determine the quantity to be held in the upper river storages at the end of the period of restriction and available for release at the direction of the Commission; |
| (d) | having regard to its determinations under paragraphs 107 (a), 107 (b) and 107 (c), determine the quantity of water (hereinafter called “the available water”) available for use by the upper States and for supply to the State of South Australia during the period of restriction. |
South Australian share during restrictions
108. (1) Subject to paragraph 73 (b), the restricted entitlement of the State of South Australia during a period of restriction shall be one third of the available water, which shall be distributed between the months of the period of restriction as the Commission determines, plus the monthly quantities described in sub-paragraph 107 (b) (ii).
(2) The Commission may vary for a period not exceeding six months at any one time, the proportion of one third prescribed in sub-clause 108 (1).
PART X—LAKE VICTORIA WORKS
Power to store water in Lake Victoria
109. Subject to clause 75, the State of South Australia may at all times divert into
Lake Victoria for impounding or storing therein, the waters of the River Murray flow ing at the site or sites of the offtake or offtakes for diversion into Lake Victoria.
30785D-30
53 Act No. 86, 1983.
Rivei Murray Waters.
SCHEDULE 1—continued.
T he Arid-I'M ENT— coniim icd .
Wafer stored in Lake Victoria
110. Subject to this Agreement the State of South Australia will, at the request of
the State of New' South Wales, permit the reasonable use of the water of the said lake by occupiers of land on the banks of Lake Victoria and by occupiers on the settlement of lands of a total area not exceeding 81,000 hectares in the vicinity of Lake Victoria for domestic purposes, for watering their cattle and other stock and for watering gardens not exceeding 2 hectares in connection with a dwelling house.
PART XI— MENINDEE 1 AKES STORAGE
Cessation of Menindee Lakes Storage Agreement
111. Upon the coming into effect of this Agreement, the agreement made between the parties hereto on the 8th day of October 196.1 and set out in the Schedule to the Menindee Lakes Storage Agreement Act 196.1 of the Commonwealth of Australia shall cease to have effect.
Maintenance of Menindee Lakes Storage
112. The .State of New' South Wales shall carry out the maintenance necessary to keep the Menindee Lakes Storage and the works associated with it in good order and condition, having regard to the full supply le\els and storage capacities referred to in clause 1 1 3.
Full supply levels
113. For the purposes of this Agreement, and unless otherwise agreed between the
Water Resources Commission of New South Wales ami the Commission by the ex change of letters between them, the full supply lc\cls of the Menindee Ltikes Storage will be—
Lake W'ethercll- -Elevation 61.7 .Australian Height Datum.
I.akc Pamamaroo— lilcwation 60.4 Australian Height Datum,
l.akc Menindee— Elevation 59.8 Australian Height Datum,
I.ake Cawndiikt— Elevation 59.S .Australian Height Datum,
corresponding to a tol.d stor.ige e.i|i,ieit\ ul .ipprov ima.teK 1.794.(Hit) megalitrcs.
| Act No. 86, 1983. | 54 |
River Murray Waters.
| SCHEDULE | I— continued. |
| T he | A g r e e m e n t — contiuued . |
Financial contributions of Commission
114. The Commission shall pay to the State of New South Wales in respect of
each year commencing on the first day of January—
| (a) | an amount at the rate of $320,000 per annum to be paid by equal quarterly instalments at the end of each quarter, but no payment shall be made in respect of any day or days on which the effective capacity of the Menindee Lakes Storage is less than 740,000 megalitrcs and an appropriate proportionate deduction shall be made from the quarterly instalment for the quarter in which any such day or days occur; and |
| (b) | three-quarters of the cost during that year of operating the Menindee Lakes Storage and of carrying out the maintenance necessary to keep the said Storage and the works associated with it in good order and condition. |
PART XII—EFFECT OF SNOWY MOUNTAINS AGREEMENT
Reconciliation with Snowy Mountains Agreement
115. (1) This Agreement shall operate according to its tenor to define the rights to
water in the River Murray and its tributaries of the States of New South Wales,
Victoria and South Australia.
(2) The provisions as to sharing of waters contained in this Agreement shall apply to the exclusion of the provisions contained in sub-clause 12 (2) of the Snowy Mountains Agreement.
(3) To the extent to which any provision of this Agreement conferring rights on the State of South Australia to the use of water is inconsistent with the provisions of the Snowy Mountains Agreement, the first mentioned provision shall prevail, and the provisions of the Snowy Mountains Agreement shall be modified accordingly.
(4) Upon the coming into effect of this .Agreement—
| (a) | the reference in clause 11 of the Snowy Mountains Agreement to “the River Murray Commission” shall be deemed to refer to the Commission; and |
| (b) | the references in that clause to “a declared period of restriction within the meaning of clause 51 of the River Murray Agreement” and “the declared period of restriction” shall be deemed to refer to a period of restriction declared pursuant to clause 104 of this Agreement. |
(5) Except to the extent provided in this clause, the Snowy Mountains Agreement shall continue in full force and effect.
55 Act No. 86, 1983.
River Murray Waters.
SCHEDULE 1—continued.
| The | Ac,re EM en I—c o n i i m i c d . |
| PART | XIII— MISCELLANEOUS |
Arbitration
116. (1) Subject to .sub-clause 116 (6j. if a Jitlerence of opinion a r i s e s among the
Commissioners on any question, not being a question of law, that question, unless the Commissioners concur within the prescribed period after submission by a Commis sioner of a resolution thereon, shall, as provided in this clause, be referred for decision to an arbitrator, who shall be appointed by the Contracting Governments.
(2) At the end of the prescribed period, a Contracting Government may give to the other Contracting Governments written notice to concur in the appointment of an arbitrator and to refer that question to that arbitrator for decision.
(3) If the appointment be not made within two months after the giving of that notice, the Chief Justice of the Supreme Court of Tasmania or the person for the time being discharging the duties of that olTice may, at the request of that Contracting Government, appoint an arbitrator, who shall ha\e the like powers to act in the reference to decide the question as if he had been appointed by the Contracting Governments.
(4) The decision of an arbitrator appointed to decide the question shall be binding on the Commission and the Contracting Governments and shall be deemed to be the decision of the Commission.
(5) For the purposes of this clause, “the prescribed period'’ shall be a period of two months or such other period, not being more than six months, as is determined by a majority vote of the four Commissioners or. if the four Commissioners are equally divided, by the casting vote of the Commissioner for the Commonwealth.
(6) This clause shall not apply to a question—
(a) before the Commission pursuant to clause 1 17; or
| (b) | which has been decided by a majority vote of the four Commissioners, or by the casting vote of the Commissioner for the Commonv\calth, pursuant to a provision of this Agreement. |
Proposals fo amend Agreement
117. The Commission shall from time to time review this Agreement, and if in the
opinion of the Commission, amendments thereto are necessary or desirable, make
recommendations to the Contracting Go\ernments accordingly.
| Act No. 86, 1983. | 56 |
River Murray Waters.
| SCHEDULE | continued. |
| T he | A g r e e m e n t— coniiiiucd . |
Furnishing information and particulars
118. Each Contracting Government shall furnish or cause to be furnished, to the
Commission, at such times as the Commission may require, all such information and particulars as the Commission may require for any of the purposes of this Agreement and as that Contracting Government is able to furnish.
Authorities to observe agreement
119. Whenever an authority of a Contracting Government is constituted or appointed
for the purpose of constructing, maintaining, operating or controlling any works under this Agreement, that Contracting Government shall ensure that that authority shall observe the provisions of this Agreement.
Transitional provisions
120. (1) In this clause:
“commencing day” means the day on which this Agreement comes into effect;
“current financial year” means the financial year during which this Agreement comes
into effect;
“estimates” means detailed estimates of expenditure under clause 50 and includes, where the context admits, a detailed estimate of excess expenditure under clause 51; and
“next financial year” means the financial year next following the day on which this Agreement comes into effect.
(2) Acts or things consistent v\ith the provisions of this Agreement that have been done by or on behalf of a Contracting Government or the Commission in anticipation of this Agreement coming into effect shall be regarded as having been done under and in accordanee with its provisions.
(3) Without limiting the generality ol sub-clause 120 (2)—
| (a) | any documents forwarded prior to the commencing day by the Commission to the Contracting Governments, being documents in the form of estimates for the current financial year, shall be deemed to be estimates forwarded in respect of that year; |
57 Act No, 86, 1983.
River Murray Waters.
SCHEDULE 1—continued.
| T he | A g r e e m e n t — continued . |
| (b) | any moneys provided prior to the commencing day by a Contracting Government to the Commission in accordance with a document referied to in paragraph 120 (3) (a) shall be deemed to have been provided pursuant to clause 53 in respect of the current financial year; |
| (c) | any moneys expended by the Commission prior to the commencing day in accordance with a document referred to in paragraph 120 (3) (a) shall be deemed to have been expended pursuant to this Agreement in respect of the current financial year; and |
| (d) | if this Agreement comes into effect on a day between the 31st day of March and the next ensuing 30th day of June, both dates inclusive, any documents forwarded prior to the commencing day by the Commission to the Contracting Governments, being documents in the form of estimates for the next financial year, shall be deemed to be estimates forwarded in respect of that year. |
(4) If, during the current financial year and prior to the commencing day, any moneys of the Commission were invested on fixed deposit with a bank, any interest received by the Commission during the current financial year on those moneys shall be dealt with as if it was interest referred to in clause 63 and, for that purpose, moneys of a kind referred to in clause 65 or 66 and contributed by a State Contracting Government shall be deemed to have been contributed by that State Contracting Government pursuant to clause 65 or 66, as the case may be.
(5) Any other matters of a transitional nature concerning this Agreement shall be settled by agreement between the Contracting Governments.
SCHEDULK A
| Description of Works | Location | Nominated Government |
| DARTMOUTH DAM with | Mitta Mitta River upstream | Government of Victoria. |
| a capacity of approxi | of the town of Dart |
| mately 4,000,000 mega | mouth, north-eastern |
| litres. | Victoria. |
| HUME DAM with a capa | River Murray upstream of | The Governments of New |
| city | of | approximately | the city of Albury, New | South Wales and Vic |
| 3,038,000 megalilres. | South Wales. | toria, jointly. |
| LAKE WORKS — regulation | VICTORIA | Lake Victoria, New South | Government | of | South |
| Wales | connected | with | .\ustralia. |
| reservoir with a storage | main stream of River |
| capacity of approximate | Murray by Rufus River |
| ly 700,000 megalitres. | and Frenchman’s Creek. |
| Act No. 86, 1983. | 58 |
River Murray Waters.
SCHEDULE 1—continued.
| TtiE | A g r e e m e n t— continued . |
| Description of Works | Location | Nominated Governmcni |
| YARRAWONGA | WEIR | River Murray near the town | Government of Victoria. |
| —storage | of | about | of Yarrawonga, Victoria. |
120,000 megalitrcs.
| CHOWILLA DAM—with | River Murray betA'een the | CiiH'ern ment | of | South |
| a capacity of approxi | towns of Renmark and | Auslralia. |
| mately 5,900,000 mega | Wentworth. | |
| lilres. |
WHIRS AND LOCKS
| Construction | of | thirteen | River distance from Mur |
| weirs aiul locks in the | rtiy mouth in kilometres. |
| course of the River Mur ray from its mouth to Echuca, namely: |
| No. 1 Blanchetown | 274 | Govei nment | of | South |
Australia.
| No. 2 Waikcric | 362 | Ciovernment | of | South |
Au.slralia.
| No. 3 Overland | 431 | Government | of | South |
| Corner | Australia. |
| No, 4 Bookpurnong | 516 | Government | of | South |
Australia.
| No. 5 Renmark | 562 | Government | of | South |
Australia.
| No, 6 Murtho | 620 | Government | of | South |
Australia.
| No. 7 Rufus River | 697 | Government | of | South |
Australia.
| No. 8 Wangumma | 726 | Government | of | South |
Australia.
| No, 9 Kulninc | 765 | Government | of | South |
A Listralia.
| No. 10 Wentworth | 825 | (jovernment | of New South |
Wales.
| No, I 1 Mildura | 878 | Government of Victoria. | ||
| No. 15 Huston | 1,110 |
|
Wales.
| No. 26 Tornimbairv | 1.638 | Ciovernment of Victoria. |
WEIRS
| Construction of two weiis in the conisc of the Miir- | River | distance | upstream |
from the junction with
| rumhidgee River from its | the River Murray in kilo |
| junction with the River | metres. |
| Murrtiy to Hay. namciv: |
| No. 5 Redbank | 193 | Government | of New' South |
Wales.
| No, 7 Maude | 290 | Government of New South |
Wales.
59 Act No. 86, 1983.
River Murray Waters.
| SCHEDULE | I— continued. |
| T he | A g r e e m e n t — continued . |
| Description of Works | Location | Nominated Government |
MURRAY MOUTH BARRAGES
| Goolwa | Cioolwa Channel | Ciovernment | of | South |
.Australia.
| .Mundoo | .Mundoo Channel | Ciovernment | of | South |
.Australia.
| Boundary | Boiindary Creek Channel | Ciovernment | of | South |
.Australia.
| Ewe Island | Fiwe Island Channel | Government | of | South |
.Australia.
| Tauwitchere | fauwitehere Island Channel | Government | of | South |
Australia.
IN W IINESS W HEREOF this Agreement has been executed by the parties hereto
as at the day and year first above-written.
| SIGNED on | behalf of TH E C O M M O N |
WEALTH OF AUSTRALIA by the
| Right Honourable JOHN MALCOLM | ̂ | MALCOLM FRASER |
| FRASER, Prime Minister of Australia, in the presence of: |
PETER ARNOLD
SIGNED on behalf of TH E .STATE OF NEW SOUTH WALES by the Honour
| able NEVILLE K ENN ETH WRAN, | NEVILLE W RAN |
| Premier of New South W'ales, in the presence of; |
M. HARKINS
SIGNED on behalf of TH E .STATE OF VIC’FORIA bv the Honourable JOHN
| CAIN, Premier of Victoria, in the | JOHN CAIN |
| presence of: |
J, B. JACK
| SIGNED on behalf of TH E .STATE OF SOUTFI | A U ST R A U A | by the | Honotir- |
| able | DAVID | OLIVER | TONKIN, | DAVID TONKIN |
Premier of South .Australia, in the presence of:
PETER ARNOLD
| Act No. 86, 1983. | 60 |
| River Murray Waters. |
SCHEDULE 2.
(Sec. 13.)
| M odification of t h e P ublic W orks A c t , | 1912. |
The Public Works Act, 1912, shall, for the purposes referred to in section 13, be deemed to be amended—
(a) (i) by omitting from section 53 the words “so seised, possessed or entitled
| as | aforesaid” ; |
(ii) by omitting from section 53 the words “as in the preceding section mentioned” and by inserting instead the words “and may claim compensa tion in respect of the land resumed and agree to, settle and determine with the Constructing Authority the amount of such compensation” ;
(iii) by inserting in section 53 (3) after the word “release” the words “and to claim, agree to, settle and determine with the Constructing Authority the amount of compensation”;
(iv) by omitting section 53 (5);
| (b) | by inserting in section 102 after the word “time” where secondly occurring the words “as the Constructing Authority allows or, in default of any such allowance of further time, within such time”; |
(c) by omitting section 124 and by inserting instead the following section:—
124. (1) For the purpose of ascertaining the compensation to be paid, regard shall in every case be had by the Land and Environment Court not only to the value of the land taken but also to the damage (if any) caused by the severing of the land taken from other lands or by the exercise of any statutory powers of the Constructing Authority otherwise injuriously affecting such other lands and that Court shall assess the compensation according to what it finds to have been the value of such lands, estate or interest at the time the notification was published in the Gazette and without being bound in any way by the amount of the valuation notified to such claimant and without reference to any alteration in such value arising from the construction of any works upon the land taken.
(2) Notwithstanding subsection (1), the Land and Environment Court, in ascertaining such compensation, shall take into consideration and give effect to, by way of set-off or abatement, any enhancement in the value of the interest of any such owner in any land adjoining the land taken or severed therefrom by the construction of any works upon the land taken, but in no case does this subsection operate so as to require any payment to be made by such owner to the Constructing Authority in consideration of such enhancement in value as aforesaid.
61 Act No. 86, 1983.
River Murray Waters.
| SCHEDULE | 2— continued. |
| M odification of | th e | P ublic | W orks | A c t , | 1912— continued. |
| (3) | Notwithstanding subsection (1), in the case of land under the |
surface taken or acquired by notification in the Gazette for the purpose of constructing a subterranean tunnel, no compensation shall be allowed or awarded unless—
(a) the surface of the overlying soil is disturbed;
| (b) | the support of such surface is destroyed or injuriously affected by the construction of such tunnel; or |
| (c) | any mines or underground workings in or adjacent to such land arc thereby rendered unworkable or are so affected as aforesaid. |
(d) by omitting section 126 (3);
| (e) | by omitting from section 135 (H the words “such conveyances” and by inserting instead the words “conveyances or assurances of lands taken”. |
| Act No. 86, 1983. | 62 |
River Murray Waters.
SCHEDULE 3.
(Sec. 27.)
R epeals .
| Column 1. | Column 2. |
Year and
| number | Short title of Act. | Extent of repeal. |
| of Act. |
| 1915, No. 8 .. River Murray Waters Act, 1915 . . | .. The whole Act, |
| 1916, No. 25 .. River Murray Waters (Amendment) Act, | The whole Act, |
1916.
| 1923, No. 3 .. | River Murray Waters Act, 1923 . . | . . The whole Act. |
| 1934, No. 31 . . River Murray Waters (Amendment) Act, | The whole Act. |
1934.
| 1937, No. 35 . . Statute Law Revision Act, 1937 . . | . . So much of the Second Schedule as |
amends Act No. 8, 1915.
| 1949, No. 6 .. River Murray Waters (Amendment) Act, | The whole Act. |
1949.
| 1955, No. 5 .. River Murray Waters (Amendment) Act, | The whole Act. |
1955.
| 1958, No. 34 .. River Murray Waters (Amendment) Act, | The whole Act. |
1958.
| 1964, No. 5 .. River Murray Waters (Amendment) Act, | The whole Act. |
1964.
| 1970, No. 34 .. River Murray Waters (Amendment) Act, | The whole Act. |
1970.
| 1970, No. 52 .. | Supreme Court Act, 1970 . . | .. | .. | So much of the Second Schedule as |
amends Act No. 8, 1915.
1972, No. 41 . . Supreme Court (Amendment) Act, 1972. . So much of paragraph (w) of the Second Schedule as relates to Act No, 8, 1915.
| 1974, No, 34 .. River Murray Waters (Amendment) Act, | The whole Act. |
1974.
| 1976, No. 34 .. | Water Resources Commission Act, 1976. . So much of Schedule 6 as amends |
Act No. 8, 1915.
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