Commonwealth Numbered Acts

PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT 1990 No. 134, 1990 - SCHEDULE 3

                  SCHEDULE 3                          Section 25

NEW SCHEDULE 3 TO THE MURRAY--DARLING BASIN ACT 1983
SCHEDULE 3
Section 3 AN AGREEMENT made this 4th day of October One thousand nine hundred
and ninety BETWEEN THE COMMONWEALTH OF AUSTRALIA ("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 THE STATE OF SOUTH AUSTRALIA of the fourth
part. WHEREAS the Commonwealth, New South Wales, Victorian and South
Australian Governments wish to amend the Agreement made between the parties on
1 October 1982, as amended by the Murray-Darling Basin Agreement made on 30
October 1987 (which Agreement as so amended is herein called "the principal
agreement"), in order to enable the Ministerial Council established thereunder
to make decisions otherwise than at duly convened meetings. NOW IT IS HEREBY
AGREED by and between the parties to this Agreement as follows:
1.   Unless the contrary intention appears,
expressions used in this Agreement have the same meanings as in the principal
agreement. 2. (1) This Agreement, other than this clause, is subject to
approval by the Parliaments of the Commonwealth and of the States of New South
Wales, Victoria and South Australia and comes into effect 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 Agreement is made.

(3) A further approval of the Parliaments is not required if another State
becomes a party to the Agreement in accordance with Clause 117A of the
principal agreement.
3.    The following clause shall be inserted before
clause 7F of the principal agreement -

"7EA. (1) A decision of the Ministerial Council may be made other than at a
meeting of the Ministerial Council if made in accordance with this clause. (2)
If - (a) the text of a proposed resolution is sent or given in writing by
facsimile or other transmission by an officer of the Commission authorised by
the Ministerial Council to a Minister nominated under clause 7G or if that
Minister is unavailable a Minister for the same Contracting Government
authorised for the purpose by the Minister so nominated; and (b) such Minister
approves the proposed resolution and notifies that officer in writing sent or
given by facsimile or other transmission, the proposed resolution is approved,
by the Minister. (3) When a Minister from each Contracting Government has
approved a resolution in accordance with sub-clause (2) the resolution shall
be deemed to have become a decision of the Ministerial Council at the date and
time the last of those Ministers has approved the resolution. (4) Any decision
of the Ministerial Council made in accordance with this clause, must be
recorded by an officer of the Commission authorised by the Ministerial Council
and a copy of the decision sent to each member of the Ministerial Council
within 21 days after the decision is made. (5) The record made pursuant to
sub-clause (4) shall be confirmed at the next meeting of the Ministerial
Council." 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 LEE HAWKE, Prime Minister of the
Commonwealth of Australia, in the presence of - ROBERT DAVID HANNA SIGNED by
the Honourable NICHOLAS FRANK GREINER, Premier of the State of New South
Wales, in the presence of - RICHARD GEORGE HUMPHRY SIGNED by the Honourable
JOAN ELIZABETH KIRNER, Premier of the State of Victoria, in the presence of -
DAVID ROBERT ESSINGTON LEWIS SIGNED by the Honourable DONALD JACK HOPGOOD,
Acting Premier of the State of South Australia, in the presence of - ANN
LAMBERT