River Murray Waters (Amendment) Act 1920 (1921 No 1) (NSW)

RIVER MURRAY WATERS

(AMENDMENT) ACT.

Act No. 1, 1921.

An Act to ratify an agreement for the variation George V,

of the agreement entered into between the

No. l.

Prime Minister of the Commonwealth and the Ih’emiers of the States of New South Wales, Victoria, and South Australia, respect­ ing the River Murray and Lake Victoria and other waters; and to amend the River Murray Waters Act, 1915, the River Murray Waters (Amendment) Act, 1916, and the Public Service Act, 1902 ; and for purposes consequent thereon or incidental thereto. [Assented to, 18th March, 1921.]

"IT'^lIEREAS on the ninth day of September, one I’leambie.

W thousand nine hundred and fourteen, the Prime

Minister of the Commonwealtli of Australia, acting for and on behalf of the Commonwealth, and the Premiers of the States of New South 'Wales, A^ictoria, and South Australia, acting for and on behalf of those States respectively, entered into an agreement (in this Act x’eferred to as “ the said agreement”) respecting the River Alurray and Lake Victoria and other waters subject to ratification by the Parliament of the Common­ wealth and the Parliaments of the said States; And

A whereas

River Murray Waters (Amendment) Act.

George V, whereas the Parliament of the Commonwealth and the

Parliaments of the said States have ratified and approved tlie said agreement; And whereas tlie Prime Minister of the Commonwealth of Australia, acting for and on hehalf of the CommonAvealth, and responsible Ministers of the said States, acting for and on behalf of those States respectively, have entered into an agreement (in this Act referred to as “ the amending agreement ” ) to vary the said agreement, subject to ratification by the Parliament of the Commonwealth and the Parliaments of the said States : And whereas it is desirable to ratify and approve the amending agreement: Be it therefore enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the sann>, as follows:—

Short title 1 . (1) This Act may be cited as the “ lliver Murray

and citation. Waters (Amendment) Act, 1920.”

(2) The River Murray Waters Act, 1915, is in this

Act referred to as the Principal Act.

(3) The Principal Act, as amended by the River Murray Waters (Amendment) Act, 1910, and by this Act, ma be cited as the “ RiA’er Murray Waters Act, 1915-1920.”

Crown bound.	2 . This Act shall hind the Crown.
Commence­
ment.	3 . This Act shall commence on a day to be fixed by

proclamation of the Governor in the Gazette.

Ratification 4 . The amending agreement, a copy of Avhich is set

of amending

agreement.

out in section thirteen of this Act, is by this Act ratified

and approved.

Amendment

of preamble 5 . The preamble to the Principal Act is amended by

of Principal	omitting the Avord “ Schedule ” and inserting in its
Act.	stead the Avords “ Eirst Schedule.”

Amendment	6. Section four of the Principal Act is amended—
of s. 4 of

Principal (a) by omitting the definition of “ constructing

Act. authority ” ; and

b̂) by omitting from the definition of “ the agree­ ment ” the Avord “ Schedule ” and inserting in its stead the Avords “First Schedule, as amended by the agreement, a copy of which is set out in

the Second Schedule.” 7 .

River Murray Waters (Amendment) Act.

7 . (1) Section five of tlie Principal Act is amended George V,

by inserting after tlie word “ agreement” the words “ a No, 1.

Amemlnient

copy of which is set out in the ‘ First Schedule.’ ” of s. 5 of

(2) The Ptiver Murray Waters (Amendment) Act, I'rincipal

1916, is amended by omitting section two. Act.

8. After section five of the Principal Act the	New section
after s. 5,

following new section is inserted :— Ibid.

5a . (1) The Commission shall be a body corporate Incorporation

by the name of the “ The lliver Murray Commis­	of Coniinis-
sion,” with perpetual succession and a common seal, and lie capable of suing and being sued, and shall have jiower to acquire, sidl, lease, and hold property, real and personal, for the purposes of and subject to this Act.
(2) All courts, judges, and persons acting judicially shall take judicial notice of the seal of the Commission afllxed to any document or notice, and shall deem that it was duly affixed.

9 . After section thirteen of the Principal Act the	New sections
after s. 13,

following new sections are inserted :—■ Ibid.

13a . All Avorks and pro]rerty transferred to the

I.and and

works to 1)6

Commission under the agreement shall be held by	held for pu r­
it for the purposes of and subject to this Act.	poses of Act.

13n. The Co.mmission, in addition to all other Powers of

powers and authorities vested in it, is authorised

Commission.

and empowered, for the jjurposes and subject to the

provisions of this Act and the agreement—

(a)	to enter upon and occupy any lands adjoining or in the neighbourhood of any Avork con­ structed or to be constructed under this Act;
(b)	to bore, dig, cut, trench, embank and sough, remove or lay, search for, carry aAvay and use any earth, stone, timber, graA'cl or sand, or any other materials proper or necessary for constructing, reconstructing, altering or extending any such Avorks, or Avliich may hinder, prevent or obstruct their construc­ tion, reconstruction, maintenance, alteration, extension, operation or control;
(c)	to enter upon and occupy any lands, streets or roads for the purpose of constructing,

-

reconstructing, altering or extending any

such work ;

(d)

4   River Murray Waters (Amendment) Act.

George V, (d) to erect or make on any of sueli lands,

No. 1. streets or roads, workshops, sheds and buildings of a temporary character, and roads and railways;

(e)	in so far only as may be necessary for the purposes of the construction of work pro­ vided for in the agreement, to impound, dam, conserve, store, set back, divert, obstruct or drain the waters of, or alter the course or level of, or embank, narrow, widen, deepen, cleanse, clear, scour, open, straighten and remove obstructions from the Kiver Murray and its tributaries ;
(f)	to alter the course, width or level of, or close any roads, streets or ways ;
(g)	to alter or reconstruct any such works or discontinue them and substitute others in their stead;
(h)	to institute and maintain proceedings in any court in respect of or in relation to works or' lands or other property constructed by or held by it for the purposes of this Act, and for any tolls prescribed under this A c t; and

(i)    generally to do all other acts for constructing, reconstructing, altering, extending or pro­ tecting from trespass or injury any works

• constructed or being constructed under this Act, or works or lands or property held by it, or for effectually exercising its powers and discharging its duties under this Act.

Claims for

compen- 13c. (1) Except as provided in this section no

Batiou.	action, claim or proceeding whatsoever shall be maintainable for or in respect of any damage occasioned by the construction, maintenance, operation or control of any works under this Act.
(2) The Commission or the State contracting Government to which any works have been trans­ ferred, as the case may be, shall subject to this section be liable to make compensation to the person suffering the damage.

̂ (3)

River Murray Waters (Amendment) Act.

(3) No such compensation shall be made George

unless— No. 1.

(a)	notice in writing, stating the nature and extent of the damage complained of, has been furnished within six months after the alleged damage has occurred, to the Com­ mission or the State contracting Government, as the case may be ; and
(h)	after giving the notice, tlie person claiming compensation proceeds without unreasonable delay to obtain the compensation.

13d . (1) In the absence of agreement, all claims

for compensation shall be determined by arbitra- pensati.m. '

tion in accordance with the laws of the State in

Avhich the alleged damage occurred.

(2) No compensation shall he made in respect of any item not set forth in the notice furnished under the last preceding section.

(3) In any case when the amount of com­ pensation determined by arbitration is less, by one-fourth of the amount claimed, than the amount claimed, the person claiming compensation shall pay to tlie Commission or the State contracting Government, as the case may be, its costs of the matter.

1 0 . Section thirteen of the Principal Act is omitted sev-iS'̂ f Principal Act

and the following section inserted in its stead;	oniittc<l and new
section insetted.

13. (1) Any officer employed in the Public Saving ot

Service vlio becomes an officer of the Commission opjcei-s of

shall retain all his existing and accruing rights. Public

' Service.

(2) Any sucli officer who becomes an officer of the Commission shall not tliereby lie required to resign from the Public Service, but shall be granted leave of absence for the period of his service with the Commission, and the period of leave so granted shall for all purposes he included as paid of the officer’s period of service.

(3) Upon the termination of the service with the Commission of any such officer, who has not been dismissed for misconduct, he shall he entitled to be re-employed in the Public Service with such

advancement

6   River Murray Waters (Am ndment) Act<

George V, advancement in status and salary, lieyond the status held and the salary received hy him in that service, immediately prior to his becoming an officer of the Commission, as the Public Service Board or such other body or person under whom such officer is employed thinks just,

■

(4) In determining the status and salary to which the officer shall he advanced, the Public Service Board or such other body or person under whom such officer is employed shall take into con­ sideration the period of the officer’s service with the Commission.

(5) In this section “ officer of the Com­

mission” means a Commissioner or Deputy Com­

missioner, or an officer or servant of the Commission.

Amendment 1 1 . Sectiou thirty-onc of the Principal A ct is

of s. 31 of a r n P T u f f f l___

Principal Act. amenuea—

(a)	hy inserting after the word	“ by ” the words
” the Commission or ” ; and
(b)	hy omitting the words ‘	or constructing
authority.”

Ain̂ endment 1 2 . The Sclicdule to the Principal Act is amended hy omitting the heading “ The Schedule” and inserting in its stead the heading “ The Pirst Schedule.”

NewScheduie The Principal Act is amended hy adding at the

added, l i id .

end thereof the following Schedule :—

Second	THE SECOND SCHEDULE.
Schedule,
T h e A mending A greement .

A greement made the twenty-third day of Novenihim, one thousand

nine liundred and twenty, between th(̂ Itifjht Honorable William Morris Hughes, Prime Minister of the Commonwiialth of Australia, for and on behalf of the Commonwealth of thi; first part, the Plonorable John Estell, Minister for Public Works of the State of New South M'ales, for and on behalf of that State of the second part, the Honorable Harry Sutherland Wightman Lawson, Premier of the State of Victoria, for and on behalf of that Static of the third part, and the Honor;d)le John George Bice, Chief Secretary of the State of South Australia, for and on behalf of that State of the fourth part.

AVhereas on the ninth day of September, one thousand nine

hundred and fourteen, an Agreement tvas entered into by the

Prime Minister of the Commonwealth of Australia and the

Premiers

River Murray Waters (Amendment) Act.

Pri'iniers of the States of New South AVales, Victoria, and South George V,

Australia, with regard to the economical use of the waters of the	No. 1.
River Murray and its trihutaries for irrigation and navigation, and to th(! reconciling of the interests of the Commonwealth and the said States, which agreement was ratified hy the Parliament of the Commonwealth of Australia and the Parlianumts of the said States, and which agreement is hereinafter referred to as the Principal Agreement :
And whereas at confenmees between the Prime ^linister of the Commonwealth of Australia and the Premiers of the said States held on the twenty-fifth day of May and the twentieth day of July, one thousand nine hundred and twenty, certain resolutions were agreed to with a view to oxpfaliting the construction of the works provided for under tlû Principal Agreement :

And whereas in order to carry into effect the lastmentioned

resolutions it is deemed desirahh ̂ to (mter into tliis Agreement :

Now it is hereby further agreed as follows:—

I. R atification' and E nfohcement.

1. This Agreement is subject to ratification by the Parliaments liatmcation.

of the Commonwealth and of the States of New South Wales, Victoria, and South Australia, and shall conic into effect when so ratified.

2. The Contracting Governments herehy agree to submit this Agreement for ratilieati(pii to the respective Parliaments of the	'
Commonwealth and of thip said States during the jiresont sc.ssion of any such Parliament, or if any such Parliament is not in session at the date of this Agreement then at the first session of such Parliament held after the date of this Agreement.

P'ach of the Contracting Governments so far as its jurisdiction ConiractinL' , 1 1 ' 1 1 11 • 1 f (iow'n.mtms to

and so tar as it may be iiece.ssary siiall j)rovuic tor or provide for

secure the execution and enforcement of the provisions of this

Agreement and any Acts ratifying the same. Acts.

3. On and after the date of ratifii'ation of this Agreement the i;'?<»'r’'''ition in

Principal Agreement shall be read and construed as if the amend-A"re,!ri(l,it. nients made therein by this Agrepinent were incorporated tlierein.

IT. A mendment o f P hincif .^i, A g r e e .ment.

4. Clause four of the Principal Agreement is amended by adding Incoriioration of

at the end thereof the following words :— “ The members of (],q Commission aii.l their successors shall be constituted a body corporate, by the naiiu' of the ‘The River ATurray Commission,' for the purposes of. and subject to, this Agreement and any Acts ratifying the same.”

.0 . Clause six of the T r̂incipal Agreement is amended— Quorum.

(a)	hy omitting tlie word “all” and inserting in its stead the words “ at least three-fourths ” ; and
(b)	by inserting after tlup word “ dis.similarthe words “or any busines.s relating to the appointment of ollicer.s by the Commission.”

This amendment shall not operate in regard to clause five of

the Principal Agreement.

8   River Murray Waters (Amendment) Act.

George V, 6. Clauses twelve, tliirteen, and fourteen of the Principal

No. 1.

Agreement are omitted and the following clauses inserted in

their stead :—

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

servants.	such and so many officers and servants as it thinks fit and remove or dismiss them, and all such officers and servants shall be subject to the sole control of the Commission, and the rates of payment and conditions of employment of such officers and .servants shall be determined by the Commission :
Provided that, with a view to preventing duplication of the machinery necessary for carrying out this Agreement, the Commission—

(a)	shall, as far as po.ssible, appoint, as its officers persons who are officers in the service of a State Contracting Government, and who are suitable for the work to be performed, and who, at the date on which this clause comes into effect, are mainly engaged on works provided for in this Agreement; and
(b)	may, with due regard to economy and the expeditious and satisfactory performance of the work of the Com­ mission, arrange with any State Contracting Government for the preparation, by officers of that Government, of designs of works to be constructed under this Agreement, and for the performance by such officers of any work or services other than such preparation of designs of works.

A Contracting Government shall place at the disposal of the Commission the services of any person employed on its pro­ fessional or clerical staffs, if the services of such person are required for, and in the opinion of the Contracting Government, are available for the construction of the works provided for in this Agreement:

Provided that a State Contracting Government shall not be recjuired to place at the disposal of the Commission the services of any such person who was not, at the date on which this clause comes into effect, mainly engaged on the construction of such works.

The Commission may arrange with a Contracting Government for any matters which may require to be adjusted with regard to the payment for work done foi-, or services rendered to, the Commission bj’ any person in the service of or employed by such Contracting Government.

The services of any person in the service of or employed by a Contracting Government may be made use of in part by the Commission and in part by the Contracting Government.

Where any arrangement is made in pursuance of this clause with a State Contracting Government for the preparation by officers of that Government of designs of works to bo constructed under this Agreement, or for tlie performance of any other work or services, such State Contracting Government shall ensure that there shall be no delay in the execution of any work under such arrangement.

River Murray Waters (Amendment) Act.

13. The Governments of New South Wales, Victoria, and GiSOfge V,

South Australia shall take steps to have referred to the No. 1.

Parliament of the Commonwealth by the Parliaments of their spedai tribunal

for fiettlemen ol

respective States the following matters, namely :— industrial

(a) the appointment of a special tribunal for the prevention and .settlement of industrial disputes arising in con­ nection with the construction of the works provided for under this Agreement; and

(b) the powers and functions of the special tribunal.

7. Clause twenty-one of the Principal Agreement is amended by Rcsvonsibiiity

inserting at the end thereor the tollowing subclause :—

. (2) Notwithstanding anything contained in the last preceding subclause, all the works provided for in this Agreement, in so far as they have not been constructed before this subclause comes into effect, shall be constructed by the Commission.

Any work which, at the date on which this subclause comes into effect, has been partly constructed, shall bo tran.sferred to the Commis.sion.

8. After clause twenty-one of the Principal Agreement the

following clause is inserted :—

21a. All plant which, at the date on which this clause comes Plant to be

into effect, a State Contracting Government is using exclusively, conunisrion".**

or has ordered for exclusive use, in connection with the con­

struction of the works provided for in this Agreement, shall be

handed over to the Commission.

The Commission shall pay' to the State Contracting Govern­

ment—

(a)	in respect of any such plant so handed over wliich at the date on which this clause comes into effect is being used lixclusively in connection with the construction of such works, the book value of such plant on the date on which it is handed ovtu- ; and
(b)	in respect of any such plant so handed over wliich at the date on which this danse comes into effect is ordered but not delivered to the State Contracting Government, the actual cost to the State Contracting Government of such plant.

9. Clause twenty-three of the Principal Agreement is omitted

and the following clause inserted in its stead :—

23. The Commission shall, before commencing the construction Prei aration of

of any of the works to be constructed under this Agreement, esOmaies'by prepare designs and estimates of such work. Copies of any Commission, such designs and estimates |.)repared by the Comnikssion after

this clause comes into elfeet shall be forwarded to the Contracting

Governments for their information.

In determining the sites at which weirs and locks are to be constructed the Commission shall, ,so far as practicable, after consultation with the State Contracting Governments concerned, have regard to the suitability of tlie sites for the purpose also of affording convenient offtakes for irrigation requirements.

The

River Murray Waters (Amendment) Act.

GeoJ^ge V, The construction of the work shall be carried out in accor­ Any de.signs, estimates, or sites which have been approved by the Commission before this clause comes into effect shall be deemed to have Vreen prepared or determined by the Commission in accordance with this clause.

No. 1. dance with designs prepared by the Commission.

10. Clause twentj'-four of the Principal Agreement is amended by omitting the first paragraph thereof and inserting in its stead the following paragraph :—

• Commencement

of continuous The construction of works which are provided for under this

works.

Agreement and the construction of which has not been com­ menced before this paragraph comes into etfect shall be commenced by the Commission as soon as may be after this paragraph comes into effect ; and the construction of those works and of works the construction of whicli has been com­ menced before this pai'agraph comes into effect (and which are hereby declared to be specially urgent), shall be continued without cessation iother than as may be due to unavoidable causes) until all of such works are completed.

11. Clause twenty-five of the Principal .\greement is omitted

and the following clause inserted in its stead :—

H^indin;; over	25. On completion of any work—
and main­

tenance of work.

(a) constructed at points between the mouth of the River Murray and tlie inlet to Frenchman’s Creek or at the inlet to Frenchman’s Creek (including ihe Lake Victoria Works), the Commission shall liand such work over to the Government of South Australia ;

(b)	constructed on the River Murrumbidgee or on the River Darling above Wentworth (as the case may be), the Commission shall liand such work over to the Government of New South Wales;
(c)	constructed on the River Murray above the inlet to Frenchman’s Creek, the Co/hmission shall hand such work over to the Governments of New South Wales and Victoria severally or jointly as may be mutually agreed upon by those Governments, or, in default of such agreement, as may bo determined by the Commission,

and the Government to which any such work is handed over shall thenceforth he responsible for the maintenance of such work, and for keeping the same efiective for the purposes for which it was designed.

Dre;l;;infj and 12. Clause twentv-six of the Principal Agreement is amended

biiagginu-. bv omitting the words “ by which it was constructed ” and inserting in their stead the words “ to which it is handed over.”

Operation and	1.3. Clause twenty-seven of the Principal Agreement is amended
control of works

and collection	by omitting the words '‘constructed liy ” and inserting in their
of tolls.	stead the words “ handed over to.”

River Murray Waters (Amendment) Act,

I t, Clause twenty-oiglifc of the Principal Agreement is omitted Gijorge V,

and the following clause inserted in its stead ;— No. 1.

Pov’er of

28. The Commission shall have full power to determine—■ Commission

(i) the order in point of time of the construction of the	carryin.;,'’ out of
in respect of

works provided tor in this Agreem'ent, and, in so	aj^rcement.
determining, shall have special regard to such works as will servo the dual purpose of irrigation and navigation ;

(ii)  the rate of progress of works, whether of construction or maintenance ;

(iii) the method ami extent of maintenance of works ; and

(iv)  if necessary, what works shall be regarded as works of construction or of maintenance,

and shall have full ]iowcr to order and direct such acts and things as it considers necessary for carrying out this

Agreement. •

15. Clause twenty-nine of the Principal Agreement is omitted

and the following clauses inserted in its stead ;—

29. A Contracting Government within whoso State any	Government to
Stale

works for t!;e purposes of this Agreement are to he or are	facilitate
coTHtruction
being or have been constructed by the Commission, or, at the	and operations
date on which this clause comes into eflfeet, are being or	witliiii their
have been constructed hy another Contracting Government or	territ<,)ries.
any authority constituted or appointed for the purpose of such construction, shall grant, to the Commission, or to the Contracting Governnunit to which the works are handed over in accordance with this Agreement, all such powers, licenses and pei'missions in and to the use of, or with respect to, its territory as may be necessary for the construction, maintenance, operation, and control of such works, and for carrying out any operations authorised by this Agreement.

29a. a State Contracting Government, which is controlling

N--1 ice to be

ixiven to

or operating any woik under this Agreement, shall ensure that,	Coi imission
when so desired hy the Commission during the period of the	before vvater iS
released.
construction of the works provided for in this Agreement, I’casonahle notice shall he given to the Commission before any water stored in any such work is released.
16. Clause thirty of the Principal Agreement is amended—	benefit of Now
Works for ioint

(a) by inserting after “ x\greeineiit ” (first occurring), the Soi'th W;ib'8

words “ except clau.se forty-three hereof” ; and Victuria.

(h) hy inserting after the word “ constructed ” the words “ h}' or on hcdialf of the said Governments jointly or severally.”

17. Clause thirty-two of the Principal Agreement is amended	of cost of
.\pi>ortionmcnt

hy t)initting all words after tlu! words “ Governments in,” and	construction.
inserting in their stoiikl the words “ equal proportions.”

18. Clause thirty-four of the Principal Agreement is omitted

and the following clause inserted in its stead :—

34. The Commission shall in the month of March of each

Preposed

expenditure

year prepare and forward to each of the Contracting Govern­

I n . , n v VC.nr.

ments a detailed estimate of the amount of money required

during

Biver Murray Waters (Amendment) Act.

George V, during the twelve months from the first day of July then next

No. 1.

ensuing for all expenditure pursuant to this Agreement (other than expenses of the Commission or salaries and expenses of Commissioners) showing the manner in which it is proposed to expend such money ; and the Contracting Governments shall each provide one-fourth thereof and pay the same to the Commission as required during the said period of twelve months.

If in the opinion of the Commission it is necessary in any year to provide for any expenditure in excess of the amount set out in tlie estimate for that year the Commission shall prepare and forward to each of the Contracting Governments a detailed estimate of such excess expenditure; and the Contracting Governments shall each provide one-fourth thereof and pay the same to the Commission before tlie expiration of tliat year.

If in any one year the amount be provided by each Con­

tracting Government exceeds the sum of one hundred and twenty-five thousand pounds the Commonwealth shall advance, to each of tlie other Contracting Governments, by way of loan, the .niiount which each Contracting Government is required to pay in excess ot that sum.

Any amount so advanced shall bear interest at the rate current at the date of the advance, and shall be repayabli’ at a date, not less than ten years from the date of tlie advance, to be agreed upon.

Payment by

Commission to	19. Clause thirty-five of tlie Principal Agreement is omitted.
State,
ture in
Excess expendi­	20. Clause thirty-six of the Principal Agreement is amended—

construction.	(a)	by omitting the words “ tlie Commission may pay to tlio Government constructing sucli work an amount in excess of that so set out and ” ; and
(b)	by omitting the words “ tlie proportion set out in clause thirty-two of this Agreement ” and inserting in their stead the w'ords “ equal jiroportions.”
Compensation

loi daniage by 21. Clause thirty-seven of the Principal Agreement is amended— hy omitting the words “ a Contracting Government or a Constructing Authority ” and inserting in their stead the words “ the Commission ” ; and

vorks.	(a)
(b) by omitting the words “ the proportions set out in clause thirty-two of this Agreement ’ and inserting in tlieir stead the words “ equal proportions."

Tolls. 22. Clause forty-two of the Principal Agreemont is amended by omitting the words “ the proportions set out in clause thirty-two of this Agreement ” and inserting in their stead the wonis “ equal proportions.”

23. Clause 43 of the Principal Agreemont is omitted and tlie

following clause inserted in its stead :—

Failure to

p'rform works 43. If any Contracting Government wlio.se duty it is under

or (‘ontribute	this Agreement or under any direction issued in accordance
r.ctt. ■	with tliis Agreement to maintain, operate or control any works, or to carry on any operation or to provide its share of the cost

of

River Murray Waters (Amendment) Act. 13

of the construction, maintenance, operation or control of any George V,

works or of carrying on any operation refuses or neglects to do	No. 1.
so after being thereunto required by the Commission, the other Contracting Governments (or any one or more of them) with the sanction of the Commission, may without prejudice to their or its other rights under this Agreement maintain, operate or control the whole of such works (or any portion thereof specified by the Commission) or carry on such operations (or any part thereof specified as aforesaid) and provide the cost thereof, and may in any Court of competent jurisdiction recover as a debt from the Contracting Government so refusing or neglecting the share (jf such cost to be provided by such Contracting Govern­ ment in pursuance of this Agreement together with interest on anj’ sums expended at a rati' to be determined by the Commission.
If any Contracting Government whose duty it is under this Agreement or under any direction issued in accordance with this Agreement to provide its share of the cost of tin; construc­ tion of any works, refuses or neglects to do so after being thereunto required by the Commission, the other Contracting Governments (or any one or more of them), with the sanction <if the Commission, may, without prejudice to tlieir or its other rights under this Agreement, provide the share of sucli cost to be provided by the Contracting Government so refusiiig or neglecting, and may in any' Court of competent Jurisdiction recover as a debt fi’om such Contracting Government, the share of such cost to be provided by such Contracting Government together with interest on any sums expended at a rate to be determined hy the Commission.

24. Clause .o4 of the Principal Agreenient is amended by Cnnstruciion to

omitting the words “ construction and ” and inserting in tlieir

■stead the words “• construction by' the Commission and the.”

2.5. Clause 56 of the Principal Agreenient is amended by rower to store

omitting the words “ After the coiiimenccnient ot the Lake Victoria Works ” anil inserting in their stead the words “ Until the Lake Victoria Works have been constructed the Commission may, in order to meet the requirements of the State of South Australia, and thereafter.”

stnrcil in

26. Clause 57 of the Principal Agreement is amended— Lake N’itrtoria.

(a)	by omitting the words “ which, subject to any directions
of the Commission, may ” and inserting in their stead .

the words “ and the Commission, until the Lake Victoria Works have been constructed, and tliereafter, the State of South Australia may” ; and

(h) hy inserting after the words “Provided also that ” tlie words “ until the Lake Victoria Works have licen constructed, tlie Commission, and thereafter,” ;

27. Clause sixty-one of the Principal Agreenient is amended hy n terpretation.

omitting the definition of “ Constructing Authority.”

In

Supply Act.

George V. In witness wlK'reof the said parties to tliese presents have here

No. 1. unto set their Imnds and seals the day and year above written.

Signed, sealed, and delivered by th e h

abnvenam ed ^VILLIA>[ M orris f Mb M. HUGHES.

H u o iik s , in the presence of— i R. U. G arrax. )

Signed, seah-d, and delivered bv the \

abovenauiod J ohn E stell , in

the presence of— JOHN ESTELL.

R. G. A llman.

Signed, sealed, and delivered bv the!

ahoveiiHiiied H arrv S u t h e r ­

land M ' io h t .man J .awson, in) H. S. M'. LAWSON

the presence nf—

F. Siieirr, J.P.

Signeil, sealeil, and delivereil liy theS

ahovenained .1OHN G eoROE /

lliru, in the presence of— JOHN G. b i c e .

A. J. H annan.