River Murray Waters (Amendment) Act 1987 (NSW)
| RIVER | M U R R A Y | W A TER S (A M E N D M E N T ) ACT | 1987 |
N o. 232
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short title
2. Commencemeni
3. Approval of Amending Agreement
4. Amendment of Act No. 86, 1983
SCHEDULE I—AMENDMENTS
RIVER M URRAY W ATERS (A M E N D M E N T ) ACT 1987 No. 232
NEW SOUTH WALES
Act No. 232, 1987
An Acl to approve an agreement for the amendment of the River Murray Waters Agreement and to amend the River Murray Waters Act 1983 as a consequence of the making of that agreement. [Assented to 16 December 1987]
River Murray Waters (Amendment) 1987
The Legislature «f New South Wales enacts:
Short title
1. This Act may be cited as the River Murray Waters (Amendment) Act
1987.
Commencement
2. This Act shall commence on 1 January 1988.
Approval of Amending Agreement
3. The Murray-Darling Basin Agreement, a copy of which is contained
in Schedule 1 (8), is approved.
Amendment of Act No. 86, 1983
4. The River Murray Waters Act 1983 is amended as set out in Schedule
1 .
SCHEDULE 1—AMENDMENTS
(Sec. 4)
(1) Long title—
Omit “respecting the River Murray and other waters", insert instead as subsequently amended, respecting the Murray- Darling Basin".
(2) Section 1 (Short title)—
Omit “River Murray Waters”, insert instead “Murray-Darling
Basin”.
(3) Section 4 (Definitions)—
| (a) | Section 4 (1)— Omit the definition of “Commission” , insert instead: |
“Commission” means the Murray-Darling Basin Commission
continued in existence under that name by the Agreement;
| (b) | Section 4(1), definition of “the Agreement”— | |
|
Basin Agreement, a copy of which is set out in Schedule 1a” ,
(4) Section 6 (Commissioners and Deputy' Commissioners)—
| (a) |
Section 6(1)— instead “2 Commissioners and 2 Deputy Commissioners”.
(b) Section 6 (2)—
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Omit “ Commissioner” wherever occurring, insert instead
“Commissioners” .
| (c) |
Section 6 (3), (4)— Commissioner” .
| (d) | Section 6 (3), (4)— Omit “the Deputy” wherever occurring, insert instead “a Deputy”. |
(5) Section 7 (Remuneration)—
Omit “ The Commissioner and the” , insert instead “ A
Commissioner and a” .
(6) Sections 8 (Cessation of office), 1 i (Saving of rights of State officers)—
| (a) | Omit “the Commissioner” wherever oceurring, insert instead “a Commissioner” . |
(b) Omit “the Deputy” wherever occurring, insert instead “a Deputy”.
(7) Section 23 (Documents to be laid before Parliament)—
Omit “by the Governor”,
(8) Schedule 1a — -
After Schedule I, insert;
SCHEDULE I A— MURRAY-DARLING BASIN AGREEMENT
(See, 4(1)) An Agrcemcni (lo be called the “Murray-Darling Basin agreement") made this thirtieth day of October One thousand nine hundred and eighty seven between—
THE COMMONWEALTH OF AUSTRALIA (hereinafter referred to as The
Commonwealth”) of the first part,
THE STATE OF NEW SOUTH WALES of the second part,
THE STATE OF VICTORIA of the third part, and
T HE STATE OF SOUTH AUSTRALIA of the fourth part.
WHEREAS the Commonwealth, New South Wales, Victorian and South Australian Governments wish to promote and co-ordinate effective planning and management for the equitable efficient and sustainable use of the water, land and environmental resources of the Murray-Darling Basin:
AND WHEREAS those Governments have agreed that certain amendments should be made to an Agreement made between the parties on the first day of October 1982 and subsequently approved by the Parliaments of all those Governments (hereinafter referred to as “the principal agreement"):
NOW IT IS HEREBY AGREED by and between the panies to this agreement as follows—
1. Unless the contrary intention appears, expressions used in this agreement have the same meanings as they have in the principal agreement.
River Murray Waters (Amendment) 1987
SCHEDULE 1—AMENDMENTS—connttwei^
1. (1) This agreement, other than this sub-clause and sub-clauses (2) and
| (3) | of this clause, is subject to approval by the Parliaments of the |
Commonwealth and of the Slates of New South Wales, Victoria and South
Australia and shall come into elfect when so approved.
(2) The Commonwealth, New South Wales, Victorian and South Australian Governments will submit this agreement for approval to their respective Parliaments as soon as practicable after the dale of this agreement.
(3) A further approval of the Parliaments referred to in sub-clause 2(1) shall not be required where any other State becomes a party to this agreement
pursuant to clause 117a.
3. Clause I of the principal agreement is amended by—
(a) deleting the definition of “Commission”, and inserting the following;
” ‘Commission’ means the Commission continued in existence hereunder under the name ‘Murray-Darling Basin Commission’,”;
| (b) | deleting from the definitions of ’’Commissioner for the Commonwealth” , ’’Commissioner for New South Wales” , “Commissioner for South Australia” and “Commissioner for Vtciona” the words “the Commissioner” and substituting the words “a Commissioner”; |
| (c) | deleting from the definition of "Contracting Government” the words “or the State of South Australia” and adding the words the State of South Australia or, except for Parts V and VIII and sub-clauses 48 (2), 48 (3) and 48 (4) and paragraphs 48 (1) (a) and 48 (1) (c) of Part VI, a |
State becoming a party pursuant to clause 11 7a,” ;
| (d) | deleting from the definitions of “Deputy Commissioner for the Commonwealth”, “Deputy Commissioner for New South Wales”, “ Deputy Commissioner for South Australia” and "Deputy Commissioner for Victoria” the words “the Deputy Commissioner” and substituting the words “a Deputy Commissioner”; |
(e) inserting after the definition of “the Authority” the following:
“ 'the Ministerial Council’ means the Ministerial Council established
by Part III a .
’the Murray-Darling Basin' means so much of the area within the
boundaries of the map shown in the schedule to this agreement
as forms part of the territory of the Contracting Governments.”
4. The following Pari shall be inserted in the principal agreement before Pan
III—
“PART iriA—ESTABUSHMENT OF
MINISTERIAL COUNCIL
7a. (1) There shall be a Ministerial Council consisting of up to three Ministers from each Contracting Government who have prime responsibility for matters relating to water, land and environment.
| (2) | A member of the Ministerial Council for the time being representing |
a party to this Agreement—
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| (a) | may appoint a delegate who is another Minister of State of that party to attend a meeting of the Ministerial Council in place of the member; or |
| (b) | shall, while a Minister of State of the party is for the time being acting as the Minister who is referred to in sub-clause 7a (1), be the Minister who is so acting, |
and references in this Agreement (other than in this clause) to a member of the Ministerial Council shall include a delegate in respect of attendance at any such meeting or a Minister who is so acting.
7b. The functions of the Ministerial Council shall be the general oversight
and control over the major policy issues of common interest to the
Contracting Governments in relation to the Murray-Da ding Basin.
Ic. The Ministerial Council may give directions to the Commission concerning the performance of the functions of the Commission and the exercise of its powers and the Commission shall comply with those directions,
7d, The Ministerial Council may require the Commission to furnish to it a report in relation to any of its operations.
7e. (I) The Ministerial Council shall meet at least once in each year but
otherwise at such times as it sees lit and shall, subject to this Agreement,
determine its own procedure,
(2) The quorum for a meeting of the Ministerial Council shall be each Minister nominated under clause 7g or, in the absence of that Minister, a Minister from the same Contracting Government authorised for this purpose by the Minister so nominated.
(3) A resolution before the Ministerial Council will be carried only by a unanimous vole of all Ministers present who constitute a quorum.
(4) The Chairperson of the Ministerial Council shall be one of the
Commonwealth Ministers who is a member of the Council and is at the
relevant time the member nominated for this purpose by the Prime Minister.
7f . The Ministerial Council—
(a) shall constitute a Community Advisory Committee; and (b) may constitute such other committees as it shall see fit,
to assist it in discharging its functions, with terms of reference, functions
and membership determined by it from time to time.
7g . The Prime Minister and the Premier of each other Contracting Government shall from time to time each nominate one of the Ministers representing it on the Ministerial Council lo be the Minister responsible to the Ministerial Council for the responses of that Minister's government.” . 5. Clause 7 of the principal agreement is amended by deleting the words
“shall continue to function" and substituting the words “is continued in
existence under the name of the Murray-Darling Basin Commission”.
6. Clause 8 of the principal agreement is deleted and the following clause substituted—
“8. The Commission shall consist of the Commissioners, appointed pursuant lo clause 9.”.
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SCHEDULE 1—AMENDMENTS—
7. The following clause shall be inserted before clause 9 of the principal agreemeni—
“ 9a. (I) .a Cornmissioner, other than the President, shall disclose to the President any direct or indirect pecuniary interest that he has cr acquires in a business carried on in Australia or in a body corporate carrying on such a business, being an interest that could be in conflict with his duties as a Commissioner,
(2) The President shall give written notice to the Minister responsible for administering on behalf of the Commonwealth this Agreement of all direct and indirect pecuniary interests that he has or acquires in any business carried on in Australia or in any body corporate carrying on any such business.”
8, Clause 9 of the principal agreement is amended—
| (a) | by deleting the words “One Commissioner and one Deputy Commissioner” and substituting the words “Two Commissioners who, between them, represent water, land and environmental resource management and two Deputy Commissioners” ; |
| (b) | by deleting the words “and the Governor” after the word "Victoria" and substituting the words ", the Governor”; |
| (c) | by adding the words “and the Governor of any State becoming a party to this Agreement pursuant to clause I I 7a” after the words “South Australia”, |
9. Clause 11 of the principal agreement is deleted and the following clause substituted—
“ II. (1) Where immediately before the variation date a person holds office as a Commissioner or Deputy Commissioner by virtue of a provision of this Agreement that person continues on and after that date to hold office for the remainder of his term of office as if he had been appointed to the Murray-Darling Basin Commission and any instrument by which that appointment was made continues in force accordingly.
(2) For the purposes of this clause, ‘the variation date’ means the dale
on which this Agreement was first amended.”,
10. Clause 12 is amended by deleting the words “the Commissioner"
wherever appearing and substituting the words “a Commissioner” and by deleting the words 'The Deputy Commissioner for the Commonwealth or that Stale, as the case may be, shall act as" and substituting the words "the Deputy Commissioner appointed for that Commissioner shall act as a”,
11, Sub-clause 19 (3) of the principal agreement is amended by deleting the words "The Commissioner for the Commonwealth shall be the President of the Commission and” and substituting “The Chairperson of the Ministerial Council shall, after consulting with the Ministerial Council, appoint from the Commissioners for the ('ommonwealth the President of the Commission who",
12, Sub-clause I 9 (4) of the principal agreement is amended by deleting the words “Commissioner for the Commonwealth is not present the Deputy Commissioner for the Commonwealth” and subsiituiing the words “President of the Commission is not present, the person appointed the Deputy Commissioner for that Commissioner”.
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13. Sub'Clause !9 (5) of the principal agreement is deleted and the following
sub-clause substituted—
“(5) The chairman shall have a deliberative vote but shall not have a
casting vote except as provided in sub-elauses 20 (2), 82 (2) and 116 (5).".
14. The following sub-clause shall be inserted before sub-clause 19 <6) of
the principal agreement—
“(6a) The two Commissioners for a Contracting Government shall have
a joint vote, exercisable in the absence of one by the other.”.
15. Sub-clause 19 (6) of the principal agreement is deleted and the following
sub-clause substituted—
“(6) One Commissioner for each Contracting Government shall be a quorum. Except as provided in sub-clauses 20 (2), 25a (2), 82 (2) and 1 16 (5), a unanimous vote shall be necessary for the transaction of the business of the Commission.”,
16. Sub-clause 20 (2) of the principal agreement is deleted and the following
sub-clause substituted—
“(2) A delegation under sub-clause 20 (1) may be revoked by a majority vote of the Commissioners or, if the voting is equally divided, by the casting vote of the chairman.".
17. Sub-clause 21 (3) and paragraphs 48 (!) (b) and 48 (2) (b) of the principal agreement are deleted.
18. Sub-clausc 24 (I) of the principal agreement is amended by deleting—
| (a) | the words "the Commissioner and Deputy Commissioner" and substituting the words “ the Commissioners and Deputy Commissioners"; |
| (b) | the words “that Commissioner or that Deputy Commissioner” and substituting the words "any of those Commissioners or those Deputy Commissioners”; and |
(c) the word "him" and substituting the words “any of them".
19. The following Part shall be inserted in the Agreement before Part IV—
"PART IVa—MLRRAY-DAHMNG BASIN
25a. (1) The Commission shall advise the Ministerial Council in relation
to the management of the water land and environmental resources within
the Murray-Darling Basin.
(2) Subject to this sub-dause, the advice referred to in sub-clausc 25a {I) shall be determined by majority vote of the Commissioners for the Contracting Governments. In the e\ ent of a unanimous decision not being reached the Commissioners for each Contracting Government may jointly tender separate advice to the Ministerial Council.
25b. The Commission shall, to the extent to which its powers so extend, give efleei to any policy or decision of the Ministerial Council whether or not the subject of advice under clause 2Sa which the Ministerial Council requires it to implement. Those powers however, shall not extend to enable the Commission to do anything for which Part IV and subsequent Parts provide otherwise than as provided for by those Parts.”.
River Murray Waters (Amendment) 1987
SCHEDULE 1—AMENDMENTS—
20. (I) Sub-clausc 25 (2) of the principal agreement, is amended by adding the words—“The Commission shall inform the Ministerial Council of the proposed surveys, investigations or studies for which that consent is being sought.’’,
(2) Paragraph 25 (3) (b) of the principal agreement is amended by inserting the words “the Ministerial Council and either’’ after the word “inform” and by substituting the words “by any of them” for the words “by that contracting Government or authority”.
(3) Sub-dause 26 (2) of the principal agreement is amended by adding the following words—“The Commission shall inform the Ministerial Council of the establishment, maintenance or operation of any of those systems for which a consent under either paragraph 26 (2) (a) or 26 (2) (b) is being sought.”.
(4) Clause 27 of the principal agreement is amended by deleting the words “to the Contracting Governments” and substituting the words “to the Ministerial Council”,
(5) Clause 28 of the principal agreement is amended by—
(a) deleting the words “or to”;
| (b) | inserting before the word “concerning” the words “or the Ministerial Council,” and |
| (c) | adding the words “and shall inform the Ministerial Council of the recommendation at the time it is made.”. |
21. Paragraph 33 (I) (b) and sub-clause 33 (2) of the principal agreement
are amended by deleting the words “Contracting Governments jointly” and
“Contracting Governments” and substituting the words “Ministerial Council”.
22. Clause 34 of the principal agreemeni is amended by deleting the words “of the Contracting Governments” and substituting the words “of the Ministerial Council”.
23. ( 1) Sub-clause 35 (3) of the principal agreement is amended by deleting the words “Contracting Governments” and “Contracting Governments arc” and substituting the words “ Ministerial Council” and “ Ministerial Council is” respectively.
(2) Sub-clause 36 (1) of the principal agreement is amended by deleting the words “each of the Contracting Govemmenis” and substituting the words "the Ministerial Council".
(3) Sub-clause 36 (2) of the principal agreemeni is amended by deleting the words "Contracting Ciovernments" and “Contracting Governments have” and substituting respectively the words "Ministerial Council” and “Ministerial Council has”.
(4) Clause 40 of the principal agreement is amended by deleting the words “agreed upon between them” and substituting the words “determined by the Ministerial Council”.
(5) Sub-paragraph 48 (I) (a) (iv) and paragraph 48 (2) (c) of the principal agreement arc amended by deleting the word “Commission” and substituting the words “Ministerial Council”.
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(6) Sub-paragraphs 48 (1) (a) (v) and 48 (2) (a) (lii) of the principal agreement are amended by deleting the words “Contracting Governments have entered into an agreement” and substituting the words “Ministerial Council has determined otherwise”.
(7) Sub-clausc 48 (3) of the principal agreement is deleted and the following sub-clause substituted—
“(3) The Ministerial Council may determine the shares in which one or more of the Contracting Governments is to bear the costs of constructing, maintaining, operating and controlling the works referred to in sub-clause 33 (I).’’.
(8) Sub-clausc 48 (4) of the principal agreement is amended by inserting before the word “determine" the following wor.'s “ recommend to the Ministerial Council and the Ministerial Council shall”,
(9) Sub-clause 50 (1) and clause 11 7 of the principal agreement arc amended by deleting the words “Contracting Governments” and substituting the words “Ministerial Council”.
(10) Sub-clauses 50 (2) and 51 (2) of the principal agreement are amended by inserting the words “which shall be subject to the approval of the Ministerial C'ouncil” after the word “expenditure”.
(11) Sub-clausc 52 (t) of the principal agreement is amended by inserting after the word ’“prepare” the words “and submit to the Ministerial Council for its approval".
| (12) Sub-clausc 59 (6) of the principal agreement is amended by inserting after the word “Government" the words | the Ministerial Council", |
( 13) Clause 60 of the principal agreement is amended by inserting the words “to the Ministerial Council and” after the word “account”.
(14) Sub-clausc 64 (4) of the principal agreement is amended by inserting the words “the Ministerial Council and” after the word “to".
(15) Sub-clauses 68 (2) and 68 (3) of the principal agreement are amended by deleting from each sub-clausc the words “each of the Contracting Governments” and the words “Governor-General or the Governor (as the case may require)" and substituting in each case the words “the Ministerial Council”.
(16) Sub-clausc 69 (1) of the principal agreement is amended by deleting the words "to each” and substituting the words “the Ministerial Council and each” and inserting the word “o f ’ after the word “Governments”,
(17) Clause 74 of the principal agreement is amended by deleting the words “the Commissioner” and substituting the words “a Commissioner".
(18) Sub-clauses 82 (2) and 1 (6 (5) of the principal agreement arc amended by deleting the words "the four Commissioners or, if the four Commissioners arc equally divided, by the casting vote of the Commissioner for the Commonwealth” and substituting the words “the Commissioners or, if the voting is equally divided, by the casting vote of the chairman".
River Murray Waters (Amendmem) 1987
SCHEDULE 1—AMENDMENTS—
()9) Sub-clause 116 (1) of the principal agreement is amended by deleting the words as provided in this clause be referred for decision to an arbitrator" and substituting the words “be referred to the Ministerial Council, one or more members of which, if it fails to resolve it within six months, may, as provided in this clause, refer the question lo an arbitrator” ,
(20) Sub-clause 116 (2) of the principal agreement is amended by deleting the words “the end of the prescribed period" and substituting the words “or about the time the question is referred for decision to an arbitrator”,
| (21) Sub-clause 116 (4) of the principal agreement is amended by inserting the words | the Ministerial Council” immediately before the words “and the”. |
(22) Paragraph 116 (6) (b) of the principal agreement is amended—
(a) by deleting the word “four”; and
| (b) | by deleting the words “Commissioner for the Commonwealth” and substituting the word “chairman” . |
24. The following clause shall be inserted in the principal agreement before clause 117—
“ I I 7a, (I) Subject to sub-clause 11 7 a (2), a State of the Commonwealth not initially a parly to this Agreemeni may, on the concurrence in writing of the existing parties, become a party by signature on its behalf of a copy of this Agreement and notifying each party to this Agreement in writing of the signature and dale of signature.
(2) This Agreemeni shall have no force or effect in relation to a State to which sub-clause I I7a (1) applies unless and until it is approved by the Parliament of that State.”.
25. The following Schedule is inserted after Schedule A lo the principal agreement:
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SCHEDULE B
River Murray Waters (Amendment) 1987
SCHEDULE 1—AMENDMENTS—cort/mwet/
IN WITNESS WHEREOF this agreement has been respectively signed for and on behalf of the parties hereto on the day and year first above-written.
SIGNED by the Honourable ROBERT JAMES LEEl
| HAWKE, Prime Minister of the Commonwealth of> | BOB HAWKE |
| Australia, in the presence of— | J |
ADRIENNE JACKSON
SIGNED by the Honourable BARRIE JOHN]
| UNSWORTH, Premier of the State of New South Wales, I | BARRIE UNSWORTH |
| in the presence of— | J |
G. GLEESON
| SIGNED by the Honourable JOHN CAIN, Premier of thel | JOHN CAIN |
| State of Victoria, in the presence of— | / |
ANDREW McCUTCHEON
SIGNED by the Honourable DONALD JACK]
| HOPGOOD, Acting Premier of the State of Souths | DON HOPGOOD |
| Australia, in the presence of— | J |
L. ZOLLO
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