Water Resources (Shire of Emerald) Regulation 1994 (QLD)

Queensland Subordinate Legislation 1994 No. 123 Water Resources Act 1989 WATER RESOURCES (SHIRE OF EMERALD) REGULATION 1994 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Approval of Corporation supplying water (s 3.20 of the Act) . . . . . . . . . . . . 2 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 3 AGREEMENT

s1 2 s2 Water Resources (Shire of Emerald) No. 123, 1994 ˙ Short title 1. This regulation may be cited as the Water Resources (Shire of Emerald) Regulation 1994 . ˙ Approval of Corporation supplying water (s 3.20 of the Act) 2. The Corporation may supply water to the Council of the Shire of Emerald under the agreement set out in the Schedule.

3 Water Resources (Shire of Emerald) No. 123, 1994 ¡ SCHEDULE AGREEMENT section 2 THIS AGREEMENT is made the EIGHTEENTH day of JANUARY, 1994 between the PRIMARY INDUSTRIES CORPORATION a Corporation constituted by the PrimaryIndustriesCorporationAct1992 (the “Corporation”) and the COUNCIL OF THE SHIRE OF EMERALD a Local Authority constituted under the Local Government Act 1936 (the “Council”). RECITALS: (a) by the provisions of the WaterResourcesAct1989 the Corporation with the approval of the Governor in Council by Order in Council may supply water to a Local Authority for any purpose upon terms agreed between the parties as specified in the Order in Council; (b) the Corporation owns and operates Fairbairn Dam and Selma Weir on the Nogoa and Mackenzie Rivers at 685.6 kilometres and 668.7 kilometres respectively and releases water to regulate supply along sections of the Nogoa River; (c) the Council has requested the Corporation to make water available from Fairbairn Dam and Selma Weir for the Shire of Emerald which the Corporation has agreed to do subject to the conditions appearing hereinafter:- AGREED PROVISIONS:- 1. DURATION OF THE AGREEMENT

4 Water Resources (Shire of Emerald) No. 123, 1994 SCHEDULE (continued) 1.01 Subject to the following provisions, this Agreement shall continue and remain in full force and effect until the thirtieth day of June, 2013. 2. SECURITY OF SUPPLY 2.01 Subject to Clause 7.01, the Corporation will at all times during the continuance in force of the Agreement do all such things as may be necessary to ensure to the Council a continuous supply of water of the quantities referred to in Clause 5.03. 3. PUMPING PLANT 3.01 The cost of taking water pursuant to this Agreement shall be met by the Council which will maintain and operate the necessary works for that purpose subject to the satisfaction of the Corporation. 3.02 The location of the Council’s intake works for the purpose of taking supply shall be at the bank of the Nogoa River adjacent to Allotment 3 of Section 35, Town of Emerald, Parish of Selma or at such other place as may be agreed upon or as the Corporation may reasonably direct. 4. WATER QUALITY 4.01 The Corporation shall not be responsible for the quality of water available to the Council but shall in management of the release of water from Fairbairn Dam and Selma Weir have regard to the continuing need of the Council to be able to draw potable water of the best practical quality.

5 Water Resources (Shire of Emerald) No. 123, 1994 SCHEDULE (continued) 5. ALLOCATION OF SUPPLY 5.01 A year shall be deemed to commence on the first day of July and end on the thirtieth day of June in the calendar year next following. 5.02 Prior to the start of each year the Council shall advise the Corporation of its water requirement for that year, together with estimates of its water requirement for the next four years following. 5.03 The Council may take such water from its authorized works as it may from time to time reasonably require for supply to and use in the Town of Emerald; PROVIDED THAT the maximum quantity of water to which the Council is entitled in any year shall not exceed the Council’s allocation as per the following schedule:- 1993/1994 . . . . . . . . . . . . . . . . . . . 3650 megalitres 1994/1995 . . . . . . . . . . . . . . . . . . . 4162 megalitres 1995/1996 . . . . . . . . . . . . . . . . . . . 4674 megalitres 1996/1997 . . . . . . . . . . . . . . . . . . . 5186 megalitres 1997/1998 . . . . . . . . . . . . . . . . . . . 5700 megalitres 1998/1999 to 2012/2013 . . . . . . . . . . . . . . . . . . . 5700 megalitres 5.04 The Council shall not take water in excess of its allocation without the prior written approval of the Corporation. 6. COMMENCEMENT OF SUPPLY FROM FAIRBAIRN DAM & SELMA WEIR 6.01 The nominated date of commencement of supply from Fairbairn Dam and Selma Weir is the date on which the Governor in Council by

6 Water Resources (Shire of Emerald) No. 123, 1994 SCHEDULE (continued) Order in Council approves the supply of water in accordance with the terms of this Agreement. 7. SUPPLY OF WATER 7.01 The supply of water in accordance with this Agreement is subject to Section 3.20 of the Water Resources Act 1989 . 8. ANNUAL WATER CHARGES 8.01 From the date of commencement, the Council agrees to pay to the District Office of the Department of Primary Industries in Emerald amounts comprising:- (a) A capital component calculated as folllows:- For the first For the next For the next For the balance 555 Megalitres - No charge 1695 Megalitres - $ 8.80/Ml 500 Megalitres - $15.30/Ml 2950 Megalitres - $42.00/Ml The capital charge for the balance of 2950 Megalitres will be subject to annual adjustment in accordance with the consumer price index (Brisbane) above the index for the June quarter 1993. (b) An operation and maintenance component applicable to the actual quantity of water used, at a rate per megalitre equal to the charge set by the Government each year for irrigation water from the regulated section of the Nogoa River and Mackenzie Rivers. The capital component and the operation and maintenance component shall be due and payable in two equal half yearly instalments on or before the first day of October and the first day of April each year. 8.02 Water taken by the Council in any year in excess of its allocation in accordance with Clause 5.03 shall be charged for at a rate per megalitre to

7 Water Resources (Shire of Emerald) No. 123, 1994 SCHEDULE (continued) be determined by the Corporation at the time. The Council shall pay for such water within thirty (30) days of receipt of an appropriate invoice. 8.03 Interest is payable on overdue payments at the rate determined in accordance with section 10.13(2)(e) of the Water Resources Act 1989 . 8.04 The minimum volume of water for which the capital component payment is to be made each year shall be determined from volumes set out below which shall be subject to review at five yearly intervals after the commencement date:- Period Minimum Volume 1993/94 . . . . . . . . . . . . . . . . . 3650 megalitres 1994/95 . . . . . . . . . . . . . . . . . 4162 megalitres 1995/96 . . . . . . . . . . . . . . . . . 4674 megalitres 1996/97 . . . . . . . . . . . . . . . . . 5186 megalitres 1997/98 . . . . . . . . . . . . . . . . . 5700 megalitres 1998/99 to 2012/13 . . . . . . . . . . . . . . . . . 5700 megalitres 9. MEASUREMENT AND REPORTING OF WATER USE 9.01 The Council shall install and maintain in accurate working condition and at the Council's expense, measuring devices to record the quantity of water diverted from the authorised works. The types and locations of the measuring devices shall be subject to the approval of the Corporation. 9.02 The Council shall furnish to the District Office of the Department of Primary Industries at Emerald within 14 days of the end of each calender

8 Water Resources (Shire of Emerald) No. 123, 1994 SCHEDULE (continued) month particulars of the readings of the measuring devices during that month. 9.03 As and when required by the Corporation, the Council shall, at the Council’s expense, appoint a competent person approved by the Corporation to test the accuracy of such measuring devices and the Council shall, at the Council’s expense, adjust, repair or replace the measuring device as directed by the Corporation as a result of any such test. 9.04 If during any period that a measuring device is under repair or the Corporation is of the opinion that the measuring device is not registering or is registering incorrectly, the quantity of water diverted by the Council may be calculated by multiplying the estimated pump discharge, (determined from the pump characteristics as provided by the pump manufacturer and confirmed by work tests and the applicable pumping head), by the hours of pumping, or by other methods agreed upon. 10. ACTION ON DEFAULT BY COUNCIL 10.01 If the Council shall at any time fail or neglect to pay to the Corporation any sum of money payable hereunder at the time herein prescribed or shall fail or neglect to perform and observe each and every condition, term, provision and stipulation herein contained or hereby implied and on the part of the Council to be performed and observed then and in every such case in addition without predujice to any other remedy which may accrue or may have accrued to the Corporation and notwithstanding the Corporation may have waived or refused or neglected to take advantage of any previous breach or breaches of like nature, the Corporation may by one calender month’s notice in writing to the Council require the Council to rectify such default and if such default is not rectified within this time, the Corporation may cancel and determine the Agreement without further reference to the Council.

9 Water Resources (Shire of Emerald) SCHEDULE (continued) 11. NON-ACTIONABLE DEFAULT No. 123, 1994 11.01 Neither party shall be liable to the other for failure to comply with its obligations under this Agreement if such failure is due to:- (i) war, whether declared or undeclared, revolution or act of public enemies; (ii) riot or civil commotion; (iii) strike or lock-out or labour dispute; (iv) Act of God; (v) drought, flood, storm, tempest or washaway; (vi) act of restraint of Government; (vii) happenings beyond the control of either party which could not reasonably have been foreseen by it and against which it could not reasonably have been expected to take effective precautions. PROVIDED THAT upon cessation of the said happenings which cause the failure, the party affected shall take all reasonable steps to resume with the least possible delay the performance of its obligations hereunder. 12. COMMUNICATIONS 12.01 All notices, certificates, accounts, statements and communications hereunder (hereinafter called “communications”) must be in writing. 12.02 All communications required or permitted to be given under this Agreement shall be sent by pre-paid ordinary post, by hand delivery or by facsimile transmission to:

(a) (i) 10 Water Resources (Shire of Emerald) No. 123, 1994 SCHEDULE (continued) in the case of communications to the Council to:- Emerald Shire Council PO Box 21 EMERALD QLD 4720 Facsimile:079 821354 Attention:Shire Clerk (ii) in the case of communications to the Corporation to:- Department of Primary Industries Water Resources Locked Mail Bag 6 EMERALD QLD 4720 Facsimile: Attention: [phone] District Manager (Water Resources) or such other addresses as may be nominated in writing from time to time by the parties hereto. (b) All communications will be deemed to have been duly given: (i) If posted, five days after being deposited in the mail with postage pre-paid. (ii) If delivered, when delivered. (iii) If sent by facsimile transmission, only when the receiver has confirmed its receipt. 13. ENTIRE AGREEMENT 13.01 This Agreement is made subject to the provisions of the WaterResources Act 1989 and shall constitute the entire Agreement between the parties and any alterations and amendments thereof shall be made in writing

11 Water Resources (Shire of Emerald) SCHEDULE (continued) and signed by the parties. No. 123, 1994 14. RESCISSION OF AGREEMENT 14.01 The parties agree that the water supply agreement executed by them on 2 August 1989 shall be rescinded on the day that this agreement is approved by Governor in Council by Order in Council. 15. GOVERNING LAW 15.01 This Agreement shall be governed by and construed according to the law of the State of Queeensland, and the parties hereby agree to submit to the jurisdiction of the courts of the State of Queensland. 16. SEVERABILITY 16.01 In the event that any or any part of the terms or conditions of this Agreement shall be determined as being invalid, unlawful or unenforcable wholly or to any lesser extent, such term or condition to the extent that it is invalid, unlawful or unenforceable shall be severed from the remaining terms and conditions and the remaining terms and conditions shall continue to be valid and enforceable to the fullest extent permitted by law. 17. APPROVAL BY GOVERNOR IN COUNCIL 17.01 This Agreement shall take effect (and shall not otherwise take effect) upon the Governor in Council by Order in Council approving that the Corporation supply water in accordance with the terms and conditions of this Agreement.

12 Water Resources (Shire of Emerald) SCHEDULE (continued) No. 123, 1994

13 Water Resources (Shire of Emerald) No. 123, 1994 SCHEDULE (continued) IN WITNESS the parties have executed this Agreement on the dates set out below. Signed by PETER JOHN CHARLES BEVIN, ) of WATER RESOURCES , ) for and on behalf of the PRIMARY ) INDUSTRIES CORPORATION in the ) presence of: J MacPherson ) Witness JULIE-ANNE MACPHERSON THE COMMON SEAL of the COUNCIL OF ) THE SHIRE OF EMERALD was hereto ) affixed in accordance with the ) Bylaws of the Council in the ) presence of: M Comino JP ) Witness P J C Bevin 18 / 1 / 94 P V Bell Chairperson 24 / 11 / 93 C K Purdie Shire Clerk 23 / 11 / 93 ENDNOTES 1. Made by the Governor in Council on 7 April 1994. 2. Notified in the Gazette on 8 April 1994. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries. © State of Queensland 1994