River Murray Waters (Amendment) Act 1955 (NSW)

RIVER MURRAY WATERS (AMENDMENT) ACT.

Act No. 5, 1955.

An Act to ratify and approve an Agreement for Elizabeth n,

the further variation of a certain Agreement	^̂	5̂5.
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 Lake Victoria and other waters; to amend the River Murray Waters Act, 1915­ 1949, and certain other Acts; and for purposes connected therewith. [Assented to, 8th March, 1955.]

BE

8   River Murray Waters (Amendment) Act.

5, 1955. T )E it enacted by the Queen’s Most Excellent Majesty,

ID by and with the advice and consent of the Legis­ lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

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

title. Waters (Amendment) Act, 1955.”

Construc­ (2) This Act shall be read and construed with the

tion.

Eiver Murray Waters Act, 1915-1949, which Act is in this

Act referred to as the Principal Act.

Citation.

(3) The Principal Act, as amended by this Act, may be cited as the Eiver Murray Waters Act, 1915-1955.

Commence­ (4) This Act shall commence upon a day to be

ment.

appointed by the Governor and notified by proclamation

published in the Gazette.

Act to bind	(5) This Act shall bind the Crown.
Crown.

Ratification Third Further Amending Agreement, a copy of

of further whicli is Set out ill the Fifth Schedule to the Principal

amending b-̂ gej-ted by soction three of this Act, is hereby

ratified and approved.

Amendment	3. The Principal Act is amended—
of Act
No. 8,1915.

Sec. 4. (a) by inserting in section four, at the end of the

(Defini­

definition of “ The agreement” the words “ and

tions.)

by the Agreement a copy of which is set out in

the Fifth Schedule” ;

New Fifth (b) by inserting next after the Fourth Schedule the

Schedule. following new Schedule:—

FIFTH SCHEDULE

TH E TH IK D FHKTHEE, A H EH D IH G AGEEEM EHT

A greement made the second day of November One thousand nine hundred and fifty-four between T he E ight H onourable E gbert

Gordon M enzies Prim e M inister of the Commonwealth of Australia

for and on behalf of the Commonwealth of Australia of the first part

T he H onot r̂able -John J oseph Cathll Frem icr of the State of Hew

South Wales for and on behalf of that State of the second part T he

H onoi'rable J ohn Cain Premier of the State of Victoria for and on behalf of that State of the third part and T he H onourable T hoaias

pLAYFORD Premier of the State of South Australia for and on behalf of that State of the fourth p a r t : W hereas

River Murray Waters (Amendment) Act. 9

W hereas on the ninth day of September One thousand nine No. 5, 1955.

hundred and fourteen 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 Eiver Murray and its tributaries for irrigation and navigation and to the reconciling of the interests of the Commonwealth of Australia and the said States which Agreement ŵ as ratified by the Parliam ent of the Com­ monwealth of Australia and the Parliaments of the said States and which Agreement is in this Agreement referred to as “the Principal Agreement” :

And W hereas by further Agreements dated the tenth day of

August One thousand nine hundred and twenty-three, the twenty- third day of July One thousand nine hundred and thirty-four and the twenty-sixth day of November One thousand nine hundred and forty-eight (in this Agreement respectively referred to as “the first Amending Agreement”, “the second Amending Agreement” and “the third Amending Agreement”) 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 pro­

visions of the Principal Agreement were modified:

A nd W hereas the first Amending Agreement, the second Amend­ ing Agreement and the third Amending Agreement were all subse­ quently ratified by the Parliam ent of the Commonwealth of Australia and by the Parliaments of the said S tates:

A nd W hereas at a Conference between T he H onourable W ilfred Selwyn K ent H ughes Minister for Works of the Commonwealth of Australia T he H onourable J ohn B rophy E enshaw M inister for

Public Works and Local Government of the State of New South

Wales T he H onourable A mbrose G eorge E nticknap M inister for Conservation of the State of New South Wales T he H onourable Clive P hilip S toneham M inister for W ater Supply of the State of Victoria and T he H onourable M alcolm M cI ntosh Minister of

Works of the State of South Australia held on the nineteenth day of July, One thousand nine hundred and fifty-four, certain resolutions were agreed to with a view to further modifying certain of the provisions of the Principal Agreement as amended by the first Amending Agreement, the second Amending Agreement and the

th ird Amending Agreement:

Now IT IS hereby further agreed as follows:—

I . K A TIFIC A TIO N AND ENFOECEM ENT.

1. T his Agreement is subject to ratification 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 ratified.

2. T he Contracting Governments hereby agree to submit this Agreement for ratification to the respective Parliaments of the Commonwealth of Australia and of the said States durin"- the present

session

River Murray Waters (Amendment) Act.

5, 1955. session of any such Parliam ent or if any such Parliam ent is not in session at the date of this Agreement then at the first session of that Parliam ent held after the date of this Agreement.

3. E ach of the Contracting Governments so far as its jurisdiction extends and so far as it may be necessary shall provide for or secure the execution and enforcement of the provisions of this Agreement and any Acts ratifying it.

4. On and after the date of ratification of this Agreement the Principal Agreement as amended by the first Amending Agreement, the second Amending Agreement and the third Amending Agreement shall be read and construed as if the amendments made by this Agreement were incorporated in the Principal Agreement as so amended.

n.	AM ENDM ENT OF P E IN C IP A L AGEEEM ENT AS AM ENDED BY F IE S T , SECOND AND TH IRD AMEND­
IN G AGREEM ENTS.

5. Clause 20 of the Principal Agreement as amended by clause 5 of the second Amendin,g Agreement and clause 7 of the third Amending Agreement is further amended—

(a) by omitting paragraph (i) and inserting in its stead the following paragraph:—

“ (i) the provision of a storage on the upper Eiver M urray (in this Agreement referred to as the “Upper M urray Storage”) with a capacity of approximately two and one-half million acre feet

of water and with a roadway along the top of the

containing dam ;” and

(b) by inserting after paragraph (v) the following new para­ graph :—

“ (vi) the construction or execution of such works or work on the Eiver M urray between Tocumwal and Echuca and on the effluents of that river between those two points as the Commission from time to time determines as necessary to prevent the loss of the regulated flow of the river.”

6. Clause 32 of the Principal Agreement is omitted and the following clause is inserted in its stead:—

“ 32. The cost of carrying out the works mentioned in clause twenty of this Agreement is estimated at Nineteen million seven hundred and fifty thousand pounds and shall be borne by the Contracting Governments in equal shares provided always that, in the event of a contribution or contributions being received from the Snowy Mountains Hydro-electric Authority towards the cost of the works necessary to increase the capacity of the Upper M urray Storage from approximately two million acre feet of water to approximately two and one-half million acre feet of water, that contribution or those contributions shall be applied in reduction of the amounts

which

River Murray Waters (Amendment) Act.

which would otherwise have been contributed jointly by the Con- No. 5, 1955.

tracting Governments pursuant to this clause towards the cost of

the works mentioned in clause 20 of this Agreement.”

7.         Clause 50 of the Principal Agreement is omitted and the

following clause is inserted in its stead:—

“50. A fter the completion of the works specified in clause 20 of this Agreement, other than those specified in paragraph (vi) of that clause, the discharge from the Upper M urray Storage and the inflow to and discharge from the Lake Victoria Storage shall be regulated to provide a reserve of water in storage for use in dry years, that reserve to be fixed from time to time by, and drawn upon at the discretion of, the Commission provided that the quantity of water so held in reserve shall be not less than one million acre feet at any time (of which not less than two hundred thousand acre feet shall be in the Lake Victoria Storage) unless the Commission declares a period of restriction in pursuance of clause fifty-one of this Agree­ ment in which case the said reserve may be drawn upon provided

FURTHER HOWEVER that the volume in Lake Victoria may be reduced

with a corresponding reduction in the combined volume in both storages at times other than periods of restriction if the Commission is satisfied that the supply to South Australia from upstream will be sufficient to ensure that the full allocation to that State can be met until the thirtieth day of June next ensuing and that there will be a combined reserve at that date of one million acre feet including not less than two hundred thousand acre feet in the Lake Victoria Storage.”

I n W itness whereof the said parties to these presents have hereunto set their hands and seals the day and year first abovewritten.

SIG N ED SEALED AND DE-^

LIV EEED by the abovenamed ̂

EO B EET GOEDON M EN­ EO B EET G. M ENZIES ( l .s.)

ZIES in the presence of:

G. J . YEEND

SIGNED SEALED AND DE-

LIV EEED by the abovenamed

JO H N JO S E P H C A H IL L ' J . J . CAHILL ( l .s.)

in the presence o f :

W. A. GLEESON

SIGNED SEALED AND D E -\ L IV EEED by the said JO H N ( CAIN in the presence o f : JO H N CAIN ( l.s.)

L. E . EAST

SIGNED SEALED AND DE-

LIV EEED by the said i

THOMAS PLAYFOED in J	T. PLAYFOED	( l.s.)
the presence o f :

L. F. LODEE

SUPERANNUATION