River Murray Waters (Amendment) Act 1970 (NSW)

RIVER MURRAY WATERS (AMENDMENT) ACT.

ANNO UNDEVICESIMO

ELIZABETHE II REGINE

Act No. 34, 1970.

An Act relating to the ratification of an agreement for the further variation of a certain agreement entered into between the Prime Minister of the Common­ wealth and the Premiers of the States of New South Wales, Victoria and South Australia respect­ ing the River Murray and Lake Victoria and other waters; for these purposes to amend the River Murray Waters Act, 1915; and for purposes connected therewith. [Assented to, 8th April, 1970.] BE

Council and Legislative Assembly of New South Wales in	BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative
Parliament assembled, and by the authority of the same, as follows:—

(1 ) This Act may be cited as the "River Murray Waters (Amendment) Act, 1970".

1.

(2 ) This Act shall be read and construed with the River Murray Waters Act, 1915, which Act is in this Act referred to as the Principal Act.

(3 ) This Act shall commence on a day to be appointed by the Governor and notified by proclamation published in the Gazette.

2.       This Act shall bind the Crown.

The Sixth Further Amending Agreement, a copy of which is set out in the Eighth Schedule to the Principal Act, as inserted by section four of this Act, is hereby ratified and approved.

3 .  

4.       The Principal Act is amended—

(a)	by inserting in section four at the end of the defini­ tion of "The agreement" the words ", and by the
Agreement a copy of which is set out in the Eighth Schedule";
(b)	by inserting next after the Seventh Schedule the following new Schedule :—

EIGHTH SCHEDULE.

T H E S I X T H F U R T H E R A M E N D I N G A G R E E M E N T .

A N A G R E E M E N T made the twenty-sixth day of Februa ry , O n e

thousand nine hundred and seventy between T H E R I G H T HONOURABLE JOHN G R E Y G O R T O N , P r ime Minister of the Commonwea l th of Aus­ tralia for and on behalf of the Commonwea l th of Austral ia of the

first

first par t , T H E H O N O U R A B L E R O B I N W I L L I A M A S K I N , Premier of the

State of N e w South Wales for and on behalf of that State, of the second part , T H E HONOURABLE SIR H E N R Y EDWARD BOLTE , Premier of the State of Victoria for and on behalf of that State, of the third par t and T H E HONOURABLE R A Y M O N D STEELE H A L L , Premier of the State of South Australia for and on behalf of that State, of the fourth par t :

WHEREAS on the ninth day of September One thousand nine hundred and fourteen an agreement was entered into by the Pr ime Minister of the Commonwea l th of Austral ia and the Premiers of the States of N e w South Wales, Victoria and South Austral ia with regard to the economical use of the waters of the River M u r r a y and its tr ibutaries for irrigation and navigation and to the reconciling of the interest of the Commonwea l th of Austral ia and the said States, which agreement was ratified by the Par l iament of the Commonwea l th of Austral ia and the Parl iaments of the said States and is in this

Agreement referred to as " the Principal Agreemen t" :

A N D WHEREAS 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, the twenty- sixth day of November One thousand nine hundred and forty-eight, the second day of November One thousand nine hundred and fifty- four, the eleventh day of September One thousand nine hundred and fifty-eight and the eighth day of October One thousand nine hun­ dred and sixty-three ( in this Agreement respectively referred to as " the first Amend ing Agreement" , " the second Amend ing Agreement" , " the third Amend ing Agreement" , " the fourth Amend ing Agreement" , " the fifth Amend ing Agreement" and " the sixth Amend ing Agree­ m e n t " ) all made between the P r ime Minister of the Commonwea l th of Austral ia and the Premiers of the States of N e w South Wales, Victoria and South Austral ia certain provisions of the Principal Agreement were modified:

A N D WHEREAS the first Amending Agreement , the second Amend­ ing Agreement were all subsequently ratified by the Par l iament of the	ing Agreement , the third Amending Agreement , the fourth Amend­	ing Agreement , the fifth Amending Agreement and the sixth Amend­
Commonwea l th of Austral ia and by the Parl iaments of the said States:

N o w IT IS H E R E B Y F U R T H E R A G R E E D as fo l lows:—

I . R A T I F I C A T I O N A N D E N F O R C E M E N T

1. This Agreement , other than clause 2, is subject to ratification by the Par l iaments of the Commonwea l th of Austral ia and of the States of N e w South Wales, Victoria and South Australia, and shall come into effect when so ratified.

2. T h e Contract ing Governments hereby agree t o submit this Agreement for ratification to the respective Par l iaments of the Com­ monweal th of Austral ia and of the said States dur ing the present or next following sitting of any such Par l iament or if any such Parlia­ ment is not sitting at the date of this Agreement then at the first or next following sitting of such Par l iament held after the date of this Agreement .

3. Each of the Contract ing 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 on which this Agreement comes into effect, the Principal Agreement , as amended by the first Amending Agreement , the second Amend ing Agreement , the third Amending Agreement , the fourth Amending Agreement , the fifth Amending Agreement and the sixth Amend ing Agreement , shall be read and con­ strued as if the amendments m a d e by this Agreement were incor­ pora ted in the Principal Agreement as so amended.

I I . A M E N D M E N T O F P R I N C I P A L A G R E E M E N T AS

A M E N D E D BY F I R S T , S E C O N D , T H I R D , F O U R T H , F I F T H

A N D S I X T H A M E N D I N G A G R E E M E N T S

4A. In this par t of this Agreement , " the Agreemen t " means the Principal Agreement as amended by the first, second, third, fourth, fifth and sixth Amending Agreements .

5. After clause 11 of the Agreement the following clause and marginal note are inse r ted :—

"11A . ( 1 ) T h e Contract ing Governments shall indemnify the officers and servants of the Commission in respect of any claims against them or any of them not occasioned by their negligence or wilful misconduct , arising out of the bona fide execution of their duties as officers and servants of the Commission.

( 2 ) A n y payments m a d e pursuant to this clause shall be

borne by the Contract ing Government s in equal shares ."

6. Clause 15 of the Agreement is omitted.

7. Clause 16 of the Agreement is omitted.

8. Clause 19 of the Agreement is amended by inserting after pa ragraph (iii) the following pa ragraph : —

" ( iv ) shall when appropria te determine the t ime and manner of disposal of surplus assets acquired with funds made avail­ able by the Commiss ion ."

9. After clause 19 of the Agreement the following clause and mar ­ ginal note are inserted: —

"19A . (1 ) T h e Commission may either generally or in relation to a matter or class of mat ters by resolution of the Commission delegate to the Commissioner o r the Deputy Commissioner appointed by the Governor-Genera l or an officer any of its powers under this Agreement (except this power of delegat ion) .

( 2 ) A delegation under this Agreement is revocable

at will and no delegation prevents the exercise of any power by

the Commiss ion."

10. Clause 20 of the Agreement is amended—

(a)	by deleting in paragraph (ii) all words after the words "Lake Victor ia" and inserting in their stead the words "with inlet and outlet works that are of a size that will, in the opinion of the Contract ing Governments , ensure the effectiveness of the system of storage in the regulation of the River Murray (including operat ions after the Dart­ mou th Reservoir has become effective for the purpose of
this A g r e e m e n t ) " .
( b )	by inserting after paragraph ( i ia) the following paragraph : — " ( i ib ) the provision of a storage (in this Agreement

referred to as ' the D a r t m o u t h Reservoir ' ) on the

Mit ta Mitta River upst ream of D a r t m o u t h with an active capacity of approximately three million acre feet of water, at an estimated cost of Fifty-seven million dol lars ;" and

(c) by inserting in paragraph (vi) after the words "those two points" the words "and on the River M u r r a y between the H u m e Reservoir and the upst ream limit of the water impounded by Yarrawonga Weir" .

11. Clause 21 of the Agreement is a m e n d e d —

(a)	by adding at the end of the clause the words "The works
for the Dar tmou th Reservoir shall be constructed by the Government of Victor ia"; and
(b)	by substituting for the marginal note the following marginal note "Construct ion of Works" .

12.   Clause 23 of the Agreement is amended—

(a) by deleting the words "designs and estimates of such work", and inserting in their stead the words " the necessary designs specifications and estimates of such work ." ;

( b )

P 19089—25

(b) by adding the words "and specifications" after the word

"designs" at the end of the second paragraph;

(c) by adding the word "specifications" after the word "designs"

wherever else occurr ing; and

( d ) by adding after the second paragraph the following

paragraph—

" T h e Commission shall furnish information to the Con­ tracting Governments in relation to the design and construc­ tion of any work est imated to cost more than Five hundred thousand dollars and work shall not proceed unless the Contract ing Governments are satisfied tha t the design and construction of such work are in accordance with the pur­ poses for which the work was proposed. For the purposes of this pa rag raph 'design' means general design which illustrates the nature and extent of the work and 'construc­ t ion ' implies construct ion in accordance with the said design."

13. Clause 24 of the Agreement is amended—

(a) by adding at the end of the clause the words "However,

completion of the construction of the Chowilla Reservoir shall be deferred until the Contract ing Government s agree that the work shall proceed. Fu r the rmore , in the case of any work for which the estimated cost at the t ime of approval exceeds Five hundred thousand dollars, if a revised estimated cost rises more than ten per cen tum above the estimated cost at the t ime the work was approved, the Commission shall forthwith notify the Contract ing Govern­ ments accordingly and shall direct the Construct ing Autho­ rity to suspend further work unless the Contract ing Governments have within six months of the Commission 's notification agreed to proceed." ; and

(b ) by deleting from the marginal note the word "cont inuous" .

14. Clause 25 of the Agreement is amended by substituting for

sub-clause (1 ) the following sub-clause:

" ( 1 ) T h e Commission m a y from time to t ime declare that any of the works referred to in clause 20 of this Agreement have become ineffective for the purposes of this Agreement , whereupon the Commission may request a State Contract ing Governmen t to dismantle so much of those works as the Com­ mission thinks fit."

15. Clause 27 of the Agreement is amended by inserting after the words "by such G o v e r n m e n t " the words "in accordance with p ro ­

cedures laid down by the Commiss ion" .

16. Clause 28 of the Agreement is amended—

(a)	by omitting the words "the Commission shall have full power to give directions to secure the uniformity stability and durabili ty of works and to order and d i r ec t—" and inserting in their stead the words "The Commission shall have full power to give directions to ensure the efficient construct ion and required performance of the works and to order and direct—-"; and
(b)	by adding at the end of the clause the words "Furthermore,

in the case of works est imated to cost more than F ive hundred thousand dollars the Construct ing Authori ty shall obtain the approval of the Commission for the acceptance of any tender exceeding Five hundred thousand dollars, and the approval of the Commission shall not be given wi thout

the approval of the Contract ing Governments . " .

17. Sub-clause (1 ) of clause 28B is amended by omitting the words "by the Construct ing Authori t ies" .

18. Clause 30 of the Agreement is amended by omitt ing the mar ­ ginal note and inserting in its stead the marginal note "Works for benefit of State Contract ing Governments" .

19. Clause 32 of the Agreement is amended by omitt ing the words "is estimated at Seventy-two million dollars and".

20. Clause 34 of the Agreement is amended by omit t ing the words " the same t o " wherever occurring and inserting in their stead the words "so much of the same as is required by".

2 1 . Clause 44 of the Agreement is amended by omi t t ing—

(a)	the words "the Chowilla Dam" and inserting in their stead the words "any part icular work or works provided for under clause 20 of this Agreement" ,
(b)	the words "that the Chowilla Reservoir has become" and
inserting after the word "dec la re" the words " that work or those works to b e " ; and
(c)	from the marginal note the words "Chowilla Reservoir"
and inserting in their stead the word " W o r k s " .

22. After clause 45 of the Agreement the following clause is inserted—

"45A . Unless otherwise directed by the Commiss ion—

(a)	the flow passing Torrumbarry Weir shall as far as possible be regulated so as to prevent salinity in the river water at Swan Hill exceeding three hundred parts per million total dissolved solids, but such flow shall not be required to exceed One thousand six hundred cusecs except when needed to meet downstream water require­
ments ; and
(b)	the flow passing Euston Weir shall as far as possible be regulated so as to prevent salinity in the river water at Merbein exceeding three hundred parts per million total dissolved solids, but such flow shall not be required to exceed One thousand cusecs plus the com­ bined diversion requirements of the pumping districts of Red Cliffs, First Mildura Irr igation Trust , Merbein , Coomealla and Curlwaa except when needed to meet downstream water requirements ."

23 . Clause 46 of the Agreement is amended by insert ing—

(a)	at the beginning the words "(1) Except as provided for in
clause 60B hereof and subject to sub-clause (2 ) of this clause"; and

(b ) at the end of the sub-clause the following sub-clause: —

" ( 2 ) After the D a r t m o u t h Reservoir is declared to have

become effective and except in a year dur ing which there is a period of restriction declared under clause 51 of this Agreement the State of Victoria agrees to cede t o the State of New South Wales the right to use Forty-five thousand acre feet annually of water contr ibuted to the River Mur ray

below Albury by Victorian t r ibutar ies ."

24. Clause 49 of the Agreement is deleted and the following clause inserted in its stead: —

"49 . ( 1 ) The total quanti ty of water to which the State of South Austral ia is entitled shall be measured at a point in the River Mur ray immediately below the confluence of the Rufus River, or, at a time to be decided by the Commission after the commencement of the construct ion of the Chowilla D a m , at a point immediately downstream of that dam.

(2 )

( 2 ) Except as provided in clause 51 of this Agreement the m i n i m u m monthly quantities of water to be allowed to pass for supply to the State of South Austral ia shall be as scheduled in sub-clauses ( 3 ) and (4 ) of this clause, provided tha t the Commission may, from time to time, at the request of the Commissioner representing the State of South Austral ia, vary any of the monthly quantities set out in sub-clauses (3 ) and (4 ) over a specific period subject to the sum of the quantities passed to the State of South Austral ia at the request of that State for any year not exceeding the sum of the monthly quantit ies shown in the appropr ia te part of sub-clauses ( 3 ) and ( 4 ) monthly quantit ies in excess of the monthly quantit ies stated in sub-clauses ( 3 ) and ( 4 ) , or in excess of those last ment ioned monthly quantit ies as varied by the Commission at the request of the Commissioner representing the State of South Austral ia, shall not be included for the purpose of comput ing the annual delivery to the State of South Australia.

( 3 ) Until such time as the Dar tmou th Reservoir is

declared to have become effective for the purposes of this Agree­ ment, and except during a period of restriction declared under clause 51 of this Agreement , the min imum monthly quantities to be allowed to pass for supply to the State of South Australia shall be—

July 47 ,000 acre feet

August	. .	. .	. .	94,000	acre	feet
September	. .	. .	. .	114,000	acre	feet

October 114,000 acre feet

November . . . . 134,000 acre feet

December	. .	. .	. .	134,000	acre	feet
January	. .	. .	. .	134,000	acre	feet

February	134,000 acre feet
March	114,000 acre feet
April	94 ,000 acre feet
May	94,000 acre feet

June . . . . . . . . 47,000 acre feet

being an annual sum of min imum monthly quantities of

1,254,000 acre feet.

( 4 )

( 4 ) After the D a r t m o u t h Reservoir is declared to have

become effective for the purposes of this Agreement and except during a period of restriction declared under clause 51 of this Agreement the min imum monthly quantities to be allowed to pass for supply to the State of South Austral ia shall b e —

July	85 ,000 acre feet
August	98 ,000 acre feet
September	107,000 acre feet
October	135,000 acre feet

November . . . . . . 149,000 acre feet

December	178,000 acre feet
January	178,000 acre feet

February . . . . . . 150,000 acre feet

M a r c h	147,000 acre feet
Apri l	113,000 acre feet
M a y	80,000 acre feet
June	80,000 acre feet

being an annual sum	of	min imum	monthly	quantit ies	of
1,500,000 acre feet ."

25 . Clause 50 of the Agreement is amended as follows:

(a) by deleting from sub-clause (1) the words "After the com­

pletion of the works specified in clause 20 of this Agreement other than those specified in paragraph (i ia) and those speci­ fied in paragraph (vi) of that clause, the discharge from

the H u m e Reservoir and the inflow to and discharge from the Lake Victoria Storage" and inserting in their stead the words "Unti l such t ime as the D a r t m o u t h Reservoir has been
declared to be effective for the purposes of this Agreement the storages under the control of the Commiss ion" ; and
(b)	by deleting sub-clause (2) and substituting the following sub-clause—

" ( 2 ) After the D a r t m o u t h Reservoir has been declared to

have become effective for the purposes of this Agreement the storages under the control of the Commission shall be regulated to provide a reserve of water in storage for use in

dry

dry years, that reserve to be fixed from time to t ime by the Commission and d rawn on at the discretion of the Com­ mission, but the quanti ty of water so held in reserve in the H u m e and D a r t m o u t h Reservoirs and Lake Victoria Stor­ age shall not be less than two million acre feet at the thirtieth day of Apri l in any year of which not less than two hundred thousand acre feet shall be in the Lake Victoria Storage unless it is otherwise decided by the Commiss ion ."

26 . Clause 51 of the Agreement is amended as follows:

(a)	by deleting from paragraph (a) of sub-clause (2) the word
"Chowil la" and inserting in its stead the word " D a r t m o u t h " .
(b)	by deleting from paragraph (b) of sub-clause (2) the word

"Chowi l la" and inserting in its stead the word " D a r t m o u t h " and by deleting the words " the H u m e Reservoir and in the Chowilla Reservoir" and inserting in their stead the word "s torage".

(c) by deleting from paragraph (a) of sub-clause (3) the words

"in the H u m e Reservoir and the Lake Victoria storage or the Chowilla Reservoir as the case may b e " and inserting in their stead the words "as provided in clause 50 of this Agreement" .

(d) by deleting from paragraph (a) of sub-clause (5) the word

"Reservoir" and inserting in its stead the words "and Dar t ­

mou th Reservoirs" .

( e ) paragraph (b ) of sub-clause (5 ) is amended as follows:

(i) by deleting the letter "(b)" and inserting in its stead

the letters " ( b a ) " ; and

(ii)    by inserting a sub-paragraph "(bb) The water avail­

able to the Commission in the Menindee Lakes

Storage;".

(f) by omitting paragraph (d) of sub-clause (5) and inserting

the following paragraph in its stead:

" ( d ) the flow during the period of restriction of the River M u r r a y above the H u m e Reservoir and its tr ibutaries above Albury excluding water diverted from the T o o m a River to the Adaminaby Storage and the T u m u t River but including any waters coming into the River M u r r a y and its tributaries above Albury by reason of the permanent works

of the Author i ty . "

(g )

(g)	sub-clause (6) is amended by deleting the word "Chowilla" wherever occurring and inserting in its stead the word " D a r t m o u t h " .
( h )	sub-clause (7 ) is a m e n d e d —

(i) by inserting the letter " ( a ) " after the figure " ( 7 ) " ;

and

(ii) by adding a pa r ag raph—

" ( b ) Notwi ths tanding the provisions of paragraph ( a ) of this sub-clause the State of Victoria will, dur­ ing a declared period of restriction after the Dar t ­ mouth Reservoir has been declared to have become effective for the purposes of this Agreement , cede to the State of New South Wales the right to use a volume of four thousand acre feet of water per month with a m a x i m u m of thirty thousand acre feet of water in any period from the first day of Septem­ ber to the following thirtieth day of April (in this sub-clause called "the irrigation season") in which there has been cont inuous restriction. When there has been a period of restriction for part of the irrigation season the quanti ty of water made avail­ able to the State of N e w South Wales shall b e —

(i)    during the months of unrestricted supply or par t thereof five thousand five hundred acre feet of water per mon th ; and

(ii)    during the months of restricted supply, four thousand acre feet of water per mon th . "

(i) sub-clause (9) is amended by deleting paragraph (a) and

the paragraph reference letter " ( b ) " and by inserting at

otherwise determined by the Commission shall be forty the end of the sub-clause the words "which quanti ty unless seven thousand acre feet of water per m o n t h . "

(j) sub-clause (11) is amended—

(i)    by deleting the words "volumes of" and inserting in their stead the word "avai lable";

(ii)   by omitting the words "in the Hume Reservoir and the Lake Victoria storage or the Chowilla Reservoir as the case may be" ; and

(iii)

(iii)    by deleting the words "paragraphs (a) and (b)" and inserting in their stead the words "paragraph ( a ) " .

27 . Clause 57 of the Agreement is amended by omit t ing the words "a t Lake Victoria outlet".

2 8 . Clause 61 of the Agreement is amended by inserting after the definition of "Main tenance" the following defini t ion:—

" 'Menindee Lakes Storage Agreement ' means clauses four to fourteen inclusive of the Agreement m a d e between the Commonweal th , New South Wales, Victoria and South Australia on the eighth day of October One thousand nine hundred and sixty-three set out in the Schedule to the Menindee Lakes Storage Agreement Act 1963 of the Com­ monweal th ."

I I I . O P E R A T I O N O F T H I S A G R E E M E N T

29 . T h e Principal Agreement is amended by inserting next after Par t I X A the following new Par t : —

" I X B . Effect of Menindee Lakes Storage Agreement."

60B . ( 1 ) The Contract ing Governments agree that this Agree­ ment shall be read and construed as if the Menindee Lakes Stor­ age Agreement as amended in sub-clause ( 2 ) of this clause were incorporated in this Agreement .

( 2 ) The hereinafter ment ioned clauses of the Menindee

Lakes Storage Agreement are amended as follows: —

(a)	Clause 4 is amended by omitting the words "and with­ out prejudice to the later operat ion of clauses 9 and 12, shall remain in force for a period of seven years from that da te" ;
(b)	Clauses 7 and 8 are amended by substituting for the
number " 9 0 , 0 0 0 " the number " 1 0 0 , 0 0 0 " wherever

occurr ing;

(c) Clause 9 is amended by omitting the words "during

which this Agreement remains in force"; and

( d ) Clause 13 is omit ted ."

I N

I N W I T N E S S W H E R E O F the said parties to these presents have

set their hands and seals the day and year first above written.

S I G N E D S E A L E D A N D D E - \

L I V E R E D by the above-named G O R T O N ( L A )

J. G . G O R T O N (L.S.)

J O H N G R E Y G O R T O N in the (

presence of— /

C .

C .	L .
L . H E W I T T

H E W I T T

S I G N E D	S E A L E D A N D D E - \
L I V E R E D	by the above-named / R . W . A S K I N (L.S.)

R O B I N W I L L I A M A S K I N in the (

presence of— )

G . M . G R A Y

S I G N E D	S E A L E D A N D D E - \
L I V E R E D	by the above-named I H E N R Y B O L T E ( L . S . )

S I R H E N R Y E D W A R D B O L T E I

in the presence of— J

J. F . BAKER

S I G N E D S E A L E D A N D D E - \

L I V E R E D by the above-named I S T E E L E H A L L (L.S.)

R A Y M O N D S T E E L E H A L L in (

the presence of— /

J. S. WHITE

S E C U R I T I E S