- Note: See section 3.
LAKE EYRE BASIN INTERGOVERNMENTAL AGREEMENT AN
AGREEMENT MADE THE 21ST DAY OF OCTOBER 2000 BETWEEN: THE COMMONWEALTH OF
AUSTRALIA AND THE STATE OF QUEENSLAND AND THE STATE OF SOUTH AUSTRALIA
RECITALS: A. The Lake Eyre Basin has within its boundaries areas of national
and international ecological and environmental significance, areas of high
economic worth from activities such as pastoralism, tourism, oil and gas
extraction and mining, and areas of social, cultural and heritage value, the
sustainability of much of which depends upon the continued health of the
Thomson/Barcoo/Cooper, Georgina and Diamantina river systems within Queensland
and South Australia (as defined in the Australian National Map Drainage
Divisions and Basins and including their catchments, flood plains, lakes,
wetlands and overflow channels). B. Management of the Lake Eyre Basin which
will best serve the object of sustainability requires a joint cooperative
approach between the States of Queensland and South Australia and the
Commonwealth. C. The Parties to this Agreement entered into a Heads of
Agreement dated 26 May 1997 whereby it was agreed that the above approach
should be embodied in a formal interstate Agreement ratified by the
Parliaments of each State. D. This Agreement is entered into by the Parties in
accordance with the Lake Eyre Basin Heads of Agreement, and is to provide for
the establishment of arrangements for the management of water and related
natural resources for that portion of the Lake Eyre Basin identified as the
Lake Eyre Basin Agreement Area in Clause 1.1, including the development
or adoption, and implementation of agreed Policies and Strategies for the
avoidance of adverse cross-border impacts and the creation of a relevant
institutional structure. E. This Agreement is also entered into in recognition
of the provisions of the Intergovernmental Agreement on the Environment dated
1 May 1992 between the Commonwealth, all States and Territories, and the
Australian Local Government Association, that States use their best endeavours
to establish appropriate mechanisms for ensuring cooperative management where
significant adverse external effects on another State are expected and
identified, and that the role of government is to establish the policy,
legislative and administrative framework to determine the permissibility of
land use, resource use or development proposals having regard to the
appropriate, efficient and ecologically sustainable use of natural resources,
and to provide for the consideration of regional implications where proposals
for the use of a resource affect several jurisdictions. F. The provisions of
this Agreement are consistent with the Council of Australian Governments'
National Water Reform Framework and the Natural Heritage Trust Partnership
Agreements. THE PARTIES AGREE AS FOLLOWS:
Part I - Application and
Interpretation Application 1.1 This Agreement applies to that area of the
Lake Eyre Basin (the Agreement Area) encompassing portions of Queensland and
South Australia, as depicted in Schedule 1 of this Agreement, including
within that area the following river systems and associated catchments,
floodplains, overflow channels, lakes, wetlands and sub-artesian waters
dependent on surface flows: (a) the Cooper Creek system including the Thomson
and Barcoo Rivers, and associated tributaries; and (b) the Diamantina River
system, including the Georgina River, and including Warburton Creek in South
Australia, and associated tributaries. Definitions 1.2 In this Agreement save
where inconsistent with the context: "Ecosystem" means a community of
organisms, interacting with one another, and the natural resources comprising
the environment in which those organisms live and with which they also
interact. "Lake Eyre Basin Agreement Area" means the area referred to in
clause 1.1 to which the Agreement applies.
"Management Plan" means a plan or other document of a State that has been
adopted by the Ministerial Forum.
"Ministerial Forum" means the group of Ministers of the Crown in right of the
Commonwealth and the State parties constituted under Part V.
"Natural resources" means water, soil, the atmosphere, plants, animals and
micro-organisms that maintain and form components of ecosystems.
"Principles" means the guiding principles referred to in Part III.
"Policy" means a document setting out a course or line of action developed or
adopted and pursued by the Ministerial Forum for the purpose of implementing
this Agreement.
"Related natural resources" means natural resources the use or management of
which affects or might affect, or is or might be affected by the quantity or
quality of water in the water systems described in clause 1.1 of this
Agreement, or the ecosystems of which such water is a component part.
"Strategy" means a document setting out a course or line of action developed
or adopted and pursued by the Ministerial Forum for the purpose of
implementing a Policy. Interpretation 1.3 In this Agreement, unless the
context otherwise requires: (a) a reference to any law or legislation or
legislative provision includes any statutory modification or re-enactment of,
or legislative provision substituted for, and any subordinate legislation
issued under, that legislation or legislative provision; (b) a reference to a
Recital, Clause or Schedule is to a recital, clause or schedule in this
Agreement; (c) a reference to a person includes a corporation, partnership,
joint venture, association, authority, trust, state or government; (d) the
singular includes the plural and vice versa (e) a reference to any gender
includes the other gender; (f) a reference to any agreement or document is to
that agreement or document (and, where applicable, any of its provisions) as
amended, novated, supplemented or replaced from time to time; and (g) a
reference to "amendment" includes addition, alteration, deletion, extension,
modification and variation. 1.4 In this Agreement, headings are for
convenience of reference only and do not affect interpretation. 1.5 In the
interpretation of a provision of this Agreement, a construction that would
promote the purpose or object underlying the Agreement (whether or not that
purpose or object is expressly stated in the Agreement) will be preferred to a
construction that would not promote that purpose or object. 1.6 Questions of
interpretation of this Agreement are to be raised in the Ministerial Forum.
Part II - Purpose and Objectives Purpose 2.1 The purpose of this
Agreement is to provide for the development or adoption, and implementation of
Policies and Strategies concerning water and related natural resources in the
Lake Eyre Basin Agreement Area to avoid or eliminate so far as reasonably
practicable adverse cross-border impacts. Objectives 2.2 The objectives of
this Agreement are: (a) to provide a means for the Parties to come together in
good faith to achieve the purposes of the Agreement; (b) to define a process
and context for raising and addressing water and related natural resource
management issues in the Lake Eyre Basin Agreement Area that have cross-border
impacts, particularly those related to water quantity and quality, and flow
regimes; (c) to establish institutional arrangements for the development or
adoption of Policies and Strategies and for the adoption of any relevant
management plans established by a State; (d) to provide for each of the
Parties, so far as they are able within their respective jurisdictions, to
progress the implementation of Policies and Strategies developed or adopted
under this Agreement and to make management decisions and allocate resources
accordingly; (e) to provide a mechanism to review Policies and Strategies; (f)
to provide for the Parties to jointly promote and support the management of
water and related natural resources through a cooperative approach between
community, industry and other stakeholders, and all levels of government in
the sustainable management of the Lake Eyre Basin Agreement Area; (g) to
encourage, promote and support water and related resource management practices
which are compatible with the spirit and intent of the Agreement; (h) to
encourage and promote research and monitoring to improve understanding and
support informed decision making in the Lake Eyre Basin Agreement Area; (i) to
provide for the review and, if necessary, revision of the Agreement from time
to time; and (j) to raise general public awareness of the special biodiversity
and heritage values of the Lake Eyre Basin Agreement Area. Part III -
Guiding Principles 3.1 Consideration of all issues and the making of all
decisions under this Agreement will be guided by the following Principles,
namely that it be acknowledged:
(a) that the Lake Eyre Basin Agreement Area has important social,
environmental, economic and cultural values which need to be conserved
and promoted;
(b) that there are landscapes and watercourses in the Lake Eyre Basin
Agreement Area that are valuable for aesthetic, wilderness, cultural
and tourism purposes;
(c) that naturally variable flow regimes and the maintenance of water
quality are fundamental to the health of the aquatic ecosystems in the
Lake Eyre Basin Agreement Area;
(d) that the water requirements for ecological processes, biodiversity and
ecologically significant areas within the Lake Eyre Basin Agreement
Area should be maintained, especially by means of flow variability and
seasonality;
(e) that flooding throughout the catchments within the Lake Eyre Basin
Agreement Area is beneficial in that it makes a significant
contribution to pastoral activities as well as flood plain ecosystem
processes;
(f) that the storage and use of water both within and away from
watercourses, and the storage and use of water from associated ground
water, are all linked and should be considered together, and that
water resources throughout catchments within the Lake Eyre Basin
Agreement Area should be managed on an integrated basis;
(g) that precautionary approaches need to be taken so as to minimise the
impact on known environmental attributes, and reduce the possibility
of affecting poorly understood ecological functions;
(h) that natural resource management decisions need to be made within the
context of the National Strategy for Ecologically Sustainable
Development and relevant national and international obligations;
(i) that the collective local knowledge and experience of the Lake Eyre
Basin Agreement Area communities are of significant value; and
(j) that decisions need to be based on the best available scientific and
technical information together with the collective local knowledge and
experience of communities within the Lake Eyre Basin Agreement Area.
Part IV - Roles of the Parties Responsibilities and Interests of
all Parties 4.1 The following will guide the Parties in defining the
roles, responsibilities and interests of the Parties in relation to
the achievement of the objectives of this Agreement. Responsibilities
and Interests of the Commonwealth 4.2 The responsibilities and
interests of the Commonwealth in safeguarding and accommodating
matters of national interest include ensuring that the policies or
practices of a State that affect or might affect the water and related
natural resources to which this Agreement applies, do not result in
significant adverse external effects in relation to another State. 4.3
When considering its responsibilities and interests under
Clause 4.2 the Commonwealth will have regard to the role of the
States in dealing with significant adverse external effects in
accordance with the requirements of the Intergovernmental Agreement on
the Environment, and any action taken pursuant to that Agreement. 4.4
The Commonwealth will monitor the activities of the States in the Lake
Eyre Basin Agreement Area to ensure Australia meets its international
obligations in accordance with the Intergovernmental Agreement on the
Environment. 4.5 The Commonwealth has responsibility for the
management (including operational policy) of natural resources on land
which the Commonwealth owns or which it occupies for its own use. 4.6
The Commonwealth will ensure that matters of national interest
relating to environmental protection, sustainable agriculture and
water and related natural resources management in the Lake Eyre Basin
Agreement Area are appropriately addressed in consultation with the
States. 4.7 The Commonwealth will consult with the States as required
by the Intergovernmental Agreement on the Environment prior to entry
into any international agreement which may directly impact on the Lake
Eyre Basin Agreement Area. Responsibilities and Interests of the
States 4.8 Each State will continue to have responsibility for the
development and implementation of policy in relation to matters
concerning the Lake Eyre Basin Agreement Area which have no
significant effects on the water and related natural resources of the
Lake Eyre Basin Agreement Area. 4.9 Each State will continue to have
responsibility for its policy formulation and the administration of
its legislation relevant to water and related natural resource
management within the Lake Eyre Basin Agreement Area, but in so doing
will, to the fullest extent that it is able, comply with this
Agreement and any applicable Policies and Strategies developed or
adopted under it. Further, to the extent that may be necessary, each
State will use its best endeavours to secure the passage through its
respective Parliament of legislation for the purpose of conforming
with and implementing this Agreement and any such Policies and
Strategies. 4.10 Each State will assist in the encouragement and
promotion of research and monitoring to facilitate informed decision
making for the Lake Eyre Basin Agreement Area, and the sharing of
access to the results of such research and monitoring so far as either
State may control such access. 4.11 Each State will consult with and
involve Local Government (where relevant) in the implementation of
this Agreement and the Policies and Strategies developed or adopted
under it to the extent that State statutes and administrative
arrangements authorise or delegate relevant responsibilities to Local
Government, and in a manner which reflects the concept of partnership
between the Commonwealth, State and Local Governments. Part V -
Institutional Structure Constitution of the Ministerial Forum 5.1 The
Ministerial Forum is constituted. 5.2 The Ministerial Forum will
consist of one Minister from each State and one Minister of the
Commonwealth. Each Party will appoint its Minister from time to time,
by notice in writing to each other Party. 5.3 Whenever a member of the
Ministerial Forum is: (a) unable for any reason to attend a meeting of
the Ministerial Forum; or (b) otherwise unable to perform the duties
of a member of the Ministerial Forum, another Minister of that State
or the Commonwealth will be appointed to act in the place of that
member, and while so acting that other Minister will have all the
responsibilities and perform all the duties of that member. Procedures
of the Ministerial Forum 5.4 The Ministerial Forum will meet at least
once in each year but otherwise at such times as it sees fit and will,
subject to this Agreement, determine its own procedure. 5.5 A
resolution before the Ministerial Forum will be carried only by a
unanimous vote. 5.6 The Commonwealth Minister will act as the chair of
the Ministerial Forum. 5.7 A permanent record of all resolutions of
the Ministerial Forum will be kept. Functions of the Ministerial Forum
5.8 The Ministerial Forum will be responsible for the implementation
of this Agreement. Community Advice and Representation 5.9 The
Ministerial Forum will ensure that it has satisfactory access to
community advice in relation to matters relevant to this Agreement.
5.10 For that purpose the Ministerial Forum may either: 5.10.1 adopt
one or more independently formed groups, committees or bodies to
provide community advice representation and feedback; or 5.10.2
appoint the members of a committee to perform that function. 5.11
Whichever means of access to community advice the Ministerial Forum
selects the following will apply: 5.11.1 There will be appropriate
representation of:
(a) Aboriginal interests;
(b) pastoral interests;
(c) agricultural interests;
(d) mining and petroleum interests;
(e) conservation interests;
(f) tourism interests;
(g) matters and interests affecting the Cooper Creek River system as
referred to in clause 1.1 of this Agreement; and
(h) matters and interests affecting the Diamantina River system as
referred to in clause 1.1 of this Agreement; and 5.11.2 The
following roles will be satisfactorily performed:
(a) representation of the various interests referred to in
sub-clause 5.11.1;
(b) the seeking out of community views relevant to matters covered by this
Agreement and the communication of those views to the Ministerial
Forum;
(c) the communication of decisions and initiatives of the Ministerial
Forum to the various communities; and
(d) the performance of such other functions relevant to this Agreement as
the Ministerial Forum may require. 5.12 This clause will apply if the
Ministerial Forum chooses to adopt one or more independently formed
groups, committees or bodies to provide advice representation and
feedback.
(a) Subject to the availability of funds under Part XI of this
Agreement, the independently formed groups committees and bodies will
receive such allowances and expenses as the Ministerial Forum may from
time to time determine, such payments to be disbursed or divided
amongst individual members in such manner as those groups committees
or bodies may themselves decide.
(b) The Ministerial Forum may at any time determine that any one or more
or all of the adopted groups committees or bodies will cease to be its
provider of community advice, representation and feedback provided
however that the Ministerial Forum will within a reasonable time (and
in any event before any relevant significant decisions are made)
replace that source of community advice in accordance with this
Agreement. 5.13 This clause will apply if the Ministerial Forum
chooses to appoint a committee to provide community advice,
representation and feedback.
(a) Each member will be appointed by the Ministerial Forum.
(b) In appointing members to represent Aboriginal interests the
Ministerial Forum will have regard, as a fundamental element of its
decisions, to such recommendations as the Aboriginal communities of
the Lake Eyre Basin Agreement Area may choose to make.
(c) The Ministerial Forum may appoint members of the committee from time
to time to fill vacancies.
(d) The Ministerial Forum may at any time appoint to the committee such
additional members as it thinks fit.
(e) The appointment of members of the committee will be for a period of
three years from the date of each appointment provided however that
members will be eligible for re-appointment for such terms from time
to time as the Ministerial Forum thinks appropriate.
(f) Subject to the availability of funds under Part XI of this
Agreement, a member of the committee will receive such allowances and
expenses as the Ministerial Forum may from time to time determine.
(g) The Ministerial Forum may at any time terminate the appointment of
individual members or disband the committee:
(i) if of the opinion that the member or members or the committee is or
are no longer substantially representing the interests or matters in
respect of which the member or members or the committee as the case
may be was or were appointed; or
(ii) for such reason as the Ministerial Forum considers appropriate,
provided however that the Ministerial Forum will within a reasonable time (and
in any event before any relevant significant decisions are made) appoint or
re-appoint members of the committee in accordance with this Agreement, or, if
the whole committee has been disbanded, replace that source of community
advice in accordance with this Agreement.
(h) The Ministerial Forum may appoint to the committee the individual
members of a group, committee or body independently formed. To the
extent that may be necessary to satisfy the requirements of this
Agreement, the Ministerial Forum will appoint additional members.
Part VI - Conference 6.1 The Ministerial Forum may from time to
time arrange a conference to be attended by the members of the
Ministerial Forum, members of committees appointed or adopted under
this Agreement and of other interested groups, interested individuals,
scientific and technical advisers and senior government officers. 6.2
There will be a conference at least once before the second anniversary
of the effective date of this Agreement and thereafter on at least a
biennial basis. 6.3 The purpose of such conferences will be to
exchange information and views on issues relevant to the operation of
this Agreement. Part VII - Scientific and Technical Advice 7.1
The Ministerial Forum may seek scientific and technical advice
relevant to this Agreement from such persons or bodies as it thinks
appropriate. In particular, the Ministerial Forum may obtain
scientific and/or technical advice in relation to the identification
of requirements for the effective monitoring of the condition of the
rivers and catchments within the Lake Eyre Basin Agreement Area and
the establishment of programs to meet those requirements. 7.2 The
Ministerial Forum may if it thinks appropriate, establish a panel of
scientists and technicians for the purpose of providing advice to the
Ministerial Forum relevant to this Agreement. Part VIII -
Policies and Strategies 8.1 The Ministerial Forum will, without
unnecessary delay, develop or adopt Policies and Strategies for the
management of the Lake Eyre Basin Agreement Area in accordance with
the purpose, objectives and Principles set out in this Agreement. 8.2
The Ministerial Forum may vary or revoke such Policies and Strategies,
and may make supplementary Policies and Strategies. 8.3 The
Ministerial Forum may adopt management plans prepared by the States if
those plans are consistent with this Agreement and with the Policies
developed or adopted by the Ministerial Forum for the management of
the Lake Eyre Basin Agreement Area, and once adopted, such management
plans prepared by the States will be treated as plans of the
Ministerial Forum under this Agreement. Content of Policies and
Strategies 8.4 The Policies and Strategies will make provision for
such matters as the Ministerial Forum thinks fit, including but not
limited to:
(a) objectives for water quality and river flows;
(b) objectives for water and related natural resource management in the
Lake Eyre Basin Agreement Area for the achievement of the water
quality and river flow objectives;
(c) catchment management policies and strategies for the achievement, as
far as practicable, of the water quality and river flow objectives;
(d) policies for dealing with relevant existing entitlements under State
laws and significant water related developments; and
(e) research and monitoring requirements and programs to meet those
requirements. Part IX - Ratification and Effective Date 9.1 This
Agreement, other than Part IX, is subject to approval and
ratification by the Parliaments of South Australia and Queensland and
will come into effect when so approved and ratified by the Parliaments
of both States. 9.2 Any amendment of this Agreement, including the
addition or amendment of a Schedule approved by the Ministerial Forum
under clause 10 or 12, is subject to approval and ratification by
the Parliaments of South Australia and Queensland and will come into
effect when so approved and ratified. 9.3 Each State will take all
practical steps to seek the enactment of legislation: (a) approving
and ratifying this Agreement, and any amendment to this Agreement
which may be approved by the Ministerial Forum from time to time, on
behalf of the State; and (b) authorising and requiring the performance
and observance of this Agreement by the Government of the State.
Part X - Review and Amendment Review 10.1 The Ministerial Forum
must cause a review of: (a) the operation of this Agreement; and (b)
the extent to which the objectives set out in Clause 2.2 of this
Agreement have been achieve d, to be undertaken without unnecessary
delay after the fifth anniversary of the effective date of this
Agreement, and thereafter on a ten yearly basis. 10.2 A report of each
review required under clause 10.1 is to be tabled in the
Parliament of each State and presented to the Commonwealth Minister
within 12 months after completion of it. 10.3 The Ministerial Forum
must cause a review of all Policies and Strategies to be undertaken
without unnecessary delay after the fifth anniversary of the
development or adoption of them, and thereafter as necessary but in
any event not less frequently than every ten years. 10.4 The
Ministerial Forum must cause a review of the condition of all
watercourses and catchments within the Lake Eyre Basin Agreement Area
to be undertaken without unnecessary delay after the effective date of
this Agreement, and thereafter on a ten yearly basis. Amendment 10.5
The Ministerial Forum may approve such amendments to this Agreement,
including amendments to or addition of schedules to this Agreement, as
the Ministerial Forum considers desirable from time to time.
Part XI - Funding and Accountability Arrangements 11.1 Subject
to the availability of respective appropriations, the Commonwealth and
the States will make available all necessary financial and other
resources for the establishment and operation of the Ministerial Forum
and associated institutional arrangements. 11.2 The Commonwealth and
the States will determine and agree appropriate cost-sharing
arrangements which reflect their respective roles and responsibilities
under this Agreement. 11.3 Any group committee or body appointed or
adopted under Part V and which receives funding under this
Agreement will produce to the Ministerial Forum in respect of each
financial year a full account of its application of all funds received
by it together with a report of its activities towards which such
funding has been applied. Part XII - Further Parties Accession
by New Parties 12.1 The State of New South Wales and the Northern
Territory may become parties to this Agreement: (a) with the consent
of the existing Parties; and (b) on such terms and conditions as may
be prescribed by the existing Parties in a Schedule to this Agreement.
12.2 The Ministerial Forum may approve any Schedule prepared pursuant
to Clause 12.1(b). 12.3 This Agreement will not apply to the
State of New South Wales or the Northern Territory until: (a) a copy
of the Agreement incorporating the Schedule provided for in Paragraph
12.1(b) has been signed on behalf of that State or Territory and the
Parliament of that State or Territory has approved this Agreement,
including the Schedule; and (b) the Schedule has been approved and
ratified by the States under Part IX. 12.4 Each State will take
the steps referred to in Part IX for the approval and
ratification of any schedule approved by the Ministerial Forum under
this clause. Part XIII - General Counterparts 13. This Agreement
may be executed in any number of counterparts and all of those
counterparts taken together constitute one and the same instrument.
Signed by The Minister for the )
) Environment and Heritage of the Commonwealth ) [Signature omitted]
) this 13th day of October 2000 ) in the presence of [Signature omitted]
...................................................... Witness Signed by The
Minister for Environment )
) and Heritage and Natural Resources of )
) [Signature omitted] the State of Queensland )
) this 21st day of October 2000 ) in the presence of [Signature omitted]
...................................................... Witness The Common Seal
of )
) Minister for Water Resources )
) [Signature omitted] of the State of South Australia )
) affixed this 21st day of October 2000 ) in the presence of [Signature
omitted] ...................................................... Witness
Schedule 1: THE LAKE EYRE BASIN AGREEMENT AREA 
Commonwealth Numbered Acts