New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
MurrayDarling Basin Amendment Bill
2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of MurrayDarling Basin Act 1992 No 65 2
4 Repeal of Act 2
Schedule 1 Amendments 3
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2007
New South Wales
MurrayDarling Basin Amendment Bill
2007
Act No , 2007
An Act to amend the MurrayDarling Basin Act 1992 to approve an amendment to
the MurrayDarling Basin Agreement to facilitate the operation of the
MurrayDarling Basin Commission's water business on appropriate commercial
principles; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 MurrayDarling Basin Amendment Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the MurrayDarling Basin Amendment Act 2007.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of MurrayDarling Basin Act 1992 No 65
The MurrayDarling Basin Act 1992 is amended as set out in
Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act
commences.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
MurrayDarling Basin Amendment Bill 2007
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 4 Definitions
Insert at the end of paragraph (b) of the definition of Agreement in section
4 (1):
, and
(c) amended by the Amending Agreement 2006.
[2] Section 4 (1)
Insert in alphabetical order:
Amending Agreement 2006 means the MurrayDarling Basin
Agreement Amending Agreement 2006 that was made on 14 July
2006 (as revised by the Ministerial Council on 29 September
2006), a copy of which is set out in Schedule 3.
[3] Section 6B
Insert after section 6A:
6B Approval of Amending Agreement 2006
The Amending Agreement 2006 is approved.
Note. The copy of the MurrayDarling Basin Agreement Amending
Agreement 2006 set out in Schedule 3 incorporates the revisions that
were endorsed by the Ministerial Council on 29 September 2006. Those
revisions were:
· in proposed new clause 75 (3), set out in paragraph 18 (3),
"Agreement" to be substituted for "agreement", and
· paragraph 20 (2) to omit both subclauses (2) and (3) of clause 78
instead of only omitting subclause (2).
[4] Schedule 3
Insert after Schedule 2:
Schedule 3 MurrayDarling Basin Agreement
Amending Agreement 2006
AGREEMENT made this fourteenth day of July 2006 between
THE COMMONWEALTH OF AUSTRALIA (the "Commonwealth"),
THE STATE OF NEW SOUTH WALES ("New South Wales"),
THE STATE OF VICTORIA ("Victoria"),
THE STATE OF QUEENSLAND ("Queensland"),
Page 3
MurrayDarling Basin Amendment Bill 2007
Schedule 1 Amendments
THE STATE OF SOUTH AUSTRALIA ("South Australia"), and
THE AUSTRALIAN CAPITAL TERRITORY ("Australian Capital Territory").
WHEREAS on 24 June 1992, the Commonwealth, New South Wales, Victoria and
South Australia entered into the Murray-Darling Basin Agreement which:
(a) was approved by the Parliament of the Commonwealth and the
Parliaments of the said States; and
(b) has subsequently been deemed to be amended from time to time
under clause 50 or 134 of that Murray-Darling Basin Agreement;
and
(c) was amended by the Murray-Darling Basin Amending
Agreement made on 3 June 2002,
(together called the "Principal Agreement"):
AND WHEREAS under the provisions of clause 134 of the Principal Agreement,
Queensland became a party to the Principal Agreement on the terms set out in
Schedule D to the Principal Agreement:
AND WHEREAS under the provisions of clause 134 of the Principal Agreement, that
Agreement was amended in May 2006 by the decision of the Murray-Darling Basin
Ministerial Council to consent to the Australian Capital Territory becoming a party to
the Principal Agreement;
AND WHEREAS the parties wish to further amend the Principal Agreement to
facilitate the operation of the Murray-Darling Basin Commission's water business on
appropriate commercial principles and for other reasons;
AND WHEREAS the Murray-Darling Basin Ministerial Council has approved the
provisions set out below on 23 July 2003 and 30 September 2005:
THE PARTIES AGREE AS FOLLOWS:
1. INTERPRETATION
In this agreement, a reference to a clause, sub-clause, paragraph, sub-paragraph,
Schedule or Appendix is a reference to a clause, sub-clause, paragraph,
sub-paragraph, Schedule or Appendix of or to the Principal Agreement,
respectively.
2. CLAUSE 2
(1) Omit "67(1)(a)" from the definition of "annual estimates."
Insert instead "68(1)(a)".
(2) Insert in alphabetical order:
""Commission's water business" means those activities of the
Commission relating to:
(a) the construction, operation, maintenance and renewal of
works on, adjacent to, or connected to the upper River
Murray or the River Murray in South Australia; and
(b) the execution of the provisions of this Agreement concerning
sharing water between State Contracting Governments; and
Page 4
MurrayDarling Basin Amendment Bill 2007
Amendments Schedule 1
(c) the provision of other services relating to water, to State
Contracting Governments and other persons;
"financial year" means the twelve months beginning on 1 July;".
(3) Omit all the words after "out" in the definition of "Commonwealth
auditor". Insert instead "an audit referred to in sub-paragraph
78(1)(a)(i)".
(4) After the word "programs" in the definition of "measures" insert
"(including any activities for the purpose of conserving or enhancing
the environment) but does not include any activities of the
Commission's water business".
(5) Omit all the words after "out" in the definition of "State auditor". Insert
instead "an audit referred to in paragraph 78(1)(b)".
(6) Omit the definition of "supplementary estimates".
3. CLAUSE 49
Omit clause 49. Insert instead:
"49 (1) Works or measures from time to time included in a Schedule to this
Agreement or authorised pursuant to clause 50 must be constructed,
operated, maintained, renewed or implemented (as the case may
require):
(a) in accordance with the provisions of this Agreement and any
Acts approving the same; and
(b) by the Contracting Government from time to time nominated
by the Ministerial Council for the purpose.
(2) A Contracting Government described as a "Nominated
Government" in Schedule A with respect to a work is deemed to
have been nominated by the Ministerial Council under paragraph
49(1)(b) to construct, operate, maintain and renew that work, until
the Ministerial Council nominates another Contracting Government
for one or more of those purposes, with respect to that work.".
4. CLAUSE 50
(1) After "$2,000,000" in sub-clause (2) insert ", or such other amount
determined by the Ministerial Council from time to time".
(2) After "$2,000,000" in sub-clause (3) insert ", or such other amount
determined by the Ministerial Council from time to time".
5. CLAUSE 51
After "$1,000,000" in sub-clause (2) insert ", or such other amount determined by
the Ministerial Council from time to time,".
6. CLAUSE 52
After "$2,000,000" in sub-clause (5) insert ", or such other amount determined by
the Ministerial Council from time to time".
Page 5
MurrayDarling Basin Amendment Bill 2007
Schedule 1 Amendments
7. CLAUSE 54
After "$2,000,000" in sub-clause (1) insert ", or such other amount determined by
the Ministerial Council from time to time".
8. CLAUSE 55
(1) Omit the words "construction or maintenance" from paragraph (3)(a).
Insert instead:
":
(i) investigations, construction and administration; or
(ii) major or cyclic maintenance; or
(iii) operation and maintenance,".
(2) After "as" in sub-clause (4) insert "operation and".
9. CLAUSE 59
Omit "this or the former Agreement". Insert instead "paragraph 49(1)(b)".
10. CLAUSE 62
Omit the words "which constructed a work under this or the former Agreement".
Insert instead "nominated to operate a work pursuant to paragraph 49(1)(b)".
11. CLAUSE 65
Omit clause 65. Insert instead:
"Definitions
65. In this Part:
"annuity contribution" has the meaning set out in sub-clause 67(2);
"financial accommodation" means a financial benefit or assistance to obtain
a financial benefit arising from or as a result of:
(a) a loan;
(b) issuing, endorsing or otherwise dealing in promissory notes;
(c) drawing, accepting, endorsing or otherwise dealing in bills of exchange;
(d) issuing, purchasing or otherwise dealing in securities;
(e) granting or taking a lease of any real or personal property for financing
but not for operating purposes;
(f) any other arrangement approved by the Ministerial Council;
"investigations, construction and administration costs" means the costs of:
(a) investigating and constructing works set out in Schedule A; and
(b) investigating and constructing any other works and implementing
measures authorised under this Agreement; and
(c) studies, programs, surveys and investigations carried out pursuant to
clause 39; and
(d) establishing systems referred to in clause 41; and
Page 6
MurrayDarling Basin Amendment Bill 2007
Amendments Schedule 1
(e) systems established pursuant to a request made under paragraph 43(b);
and
(f) special action taken under sub-clause 48(5) which the Ministerial
Council has determined to be investigations, construction and
administration costs; and
(g) any payment by the Commission in respect of the construction of works
under sub-clause 51(1); and
(h) complying with the direction given under sub-clause 54(2); and
(i) dismantling works referred to in sub-clause 64(2); and
(j) any payment by the Commission under paragraph 131(a); and
(k) administrative and other expenses of the Commission, the Ministerial
Council and the Community Advisory Committee constituted under
sub-clause 14(1);
"major or cyclic maintenance" has a meaning determined by reference to the
guidelines established by the Commission under sub-clause 67(4);
"operation and maintenance costs" means the costs of:
(a) operating and maintaining works set out in Schedule A; and
(b) operating and maintaining any other works authorised under this
Agreement; and
(c) operating and maintaining systems referred to in clause 41; and
(d) operating and maintaining systems established pursuant to a request
made under paragraph 43(b); and
(e) special action taken under sub-clause 48(5) which the Ministerial
Council has determined to be operation and maintenance costs; and
(f) any payment made by the Commission in respect of the operation or
maintenance of works under sub-clause 51(1); and
(g) such dredging or snagging carried out under clause 61 which the
Commission has resolved to meet; and
(h) any payment made by the Commission under paragraph 131(b);
"security" includes inscribed stock and debenture, bond, debenture stock, note
or any other document creating, evidencing or acknowledging indebtedness in
respect of financial accommodation, whether constituting a charge on property
of the Commission or not.".
12. CLAUSE 66
Omit clause 66. Insert instead:
"Apportionment of costs
66. (1) The Ministerial Council, after considering any recommendation
of the Commission, must determine:
(a) what contribution, if any, is to be made by any State or Territory
becoming a party pursuant to clause 134; and
Page 7
MurrayDarling Basin Amendment Bill 2007
Schedule 1 Amendments
(b) whether some or all of that contribution is to be made as a lump
sum or in a comparable manner to a manner provided for in
sub-clause 66(3), (4) or 67(2).
(2) Subject to sub-clause 66(1), the Ministerial Council:
(a) may, on the recommendation of the Commission, from time to
time determine which proportion of the services provided by the
Commission's water business is attributable to each State
Contracting Government; and
(b) must, at intervals not exceeding five years, reconsider the
proportions determined under paragraph 66(2)(a); and
(c) may, on the recommendation of the Commission, alter the
proportions determined under paragraph 66(2)(a).
(3) Unless the Ministerial Council decides otherwise and subject to any
decision of the Ministerial Council under sub-clause 66(1), a State
Contracting Government must contribute to operation and
maintenance costs in the relevant proportion determined under
sub-clause 66(2).
(4) Unless the Ministerial Council decides otherwise and subject to any
decision by the Ministerial Council under sub-clause 66(1) and the
provisions of clause 67:
(a) the Commonwealth Government must contribute one-quarter of
all investigations, construction and administration costs after
first deducting any contribution to those costs made by any State
or Territory:
(i) becoming a party pursuant to clause 134; or
(ii) pursuant to any understanding reached between that State or
Territory and the Contracting Governments; and
(b) the State Contracting Governments must together contribute
three-quarters of all investigations, construction and
administration costs:
(i) relating to the Commission's water business, in the relevant
proportions determined under sub-clause 66(2); and
(ii) relating to measures implemented under this Agreement, in
equal shares.
(5) The Ministerial Council, after considering any recommendation by
the Commission, must determine whether the costs of any special
action taken under sub-clause 48(5) are investigations, construction
and administration costs or operation and maintenance costs.".
13. CLAUSE 67
Omit clause 67. Insert instead:
"Borrowings and Annuity Contributions
67. (1) The Commission may, with the prior approval of the Ministerial
Council, obtain financial accommodation with respect to any:
Page 8
MurrayDarling Basin Amendment Bill 2007
Amendments Schedule 1
(a) investigations, construction and administration costs; and
(b) major or cyclic maintenance costs,
incurred, or which the Commission proposes to incur, for the
purposes of the Commission's water business.
(2) The Ministerial Council, on the recommendation of the
Commission, may from time to time determine that a Contracting
Government must make an annual annuity contribution in respect of
either or both of:
(a) investigations, construction and administration costs; and
(b) major or cyclic maintenance costs,
which the Contracting Government might otherwise be required to
contribute under sub-clause 66(1), (3), paragraph 66(4)(a) or
sub-paragraph 66(4)(b)(i), in any future year.
(3) In fixing any annuity contribution under sub-clause 67(2), the
Ministerial Council must have regard to the Commission's estimate
of costs which will be incurred during the next ensuing 30 years (or
such other period as the Commission determines) in relation to
either or both of:
(a) the construction or renewal; and
(b) major or cyclic maintenance,
of works constructed, operated, maintained or renewed for the
purposes of the Commission's water business (as the case requires)
including any interest or other sums receivable or payable in respect
of any income received, or any financial accommodation obtained,
by the Commission from time to time in relation to those works.
(4) For the purposes of this Part, the Commission must establish
guidelines for determining what is, and what is not, major or cyclical
maintenance.".
14. CLAUSE 68
Omit clause 68. Insert instead:
"Annual and forward estimates
68. (1) The Commission must prepare:
(a) detailed annual estimates of its known and anticipated
expenditure for the next financial year; and
(b) forward estimates of its known and anticipated expenditure for
the two successive financial years following the next financial
year.
(2) Annual and forward estimates must:
(a) be in such form as may from time to time be agreed between the
Commission and the Ministerial Council; and
Page 9
MurrayDarling Basin Amendment Bill 2007
Schedule 1 Amendments
(b) show the estimated amount to be contributed by each
Contracting Government; and
(c) be sent to each Contracting Government before the end of March
in each year; and
(d) be approved by the Ministerial Council,
and may be revised from time to time with the approval of the
Ministerial Council.".
15. CLAUSE 69
Omit clause 69. Insert instead:
"69. Each Contracting Government must pay any amount payable by it
under clause 66 or 67 as and when required by the Commission.".
16. CLAUSE 72
(1) Omit sub-clause (1). Insert instead:
"(1) Subject to sub-clause 72(3), the Commission must apply
money paid by the Contracting Governments in accordance
with the relevant estimates referred to in paragraph
68(1)(a).".
(2) In sub-clause (2):
(a) omit "annual or supplementary" from paragraph (a). Insert after
"estimates", "prepared or revised under paragraph 68(1)(a)";
(b) omit "the annual or supplementary" from paragraph (b). Insert
instead "those";
(c) after "financial year;" in paragraph (b) insert "and".
(3) Omit sub-clause (3). Instead insert:
"(3) The Commission may accumulate:
(a) any sums received under sub-clause 66(3) or (4) for the
purposes of the Commission's water business, but not
expended in any year; and
(b) any annuity contributions received under clause 67,
for use in subsequent years.".
(4) Omit sub-clause (4). Instead insert:
"(4) Any sum referred to in paragraph 72(3) and any interest
thereon must:
(a) in the case of sums received under sub-clause 66(3), only
be expended on operation and maintenance costs; and
(b) in the case of sums received under sub-clause 66(4), only
be expended on investigations, construction and
administration costs; and
Page 10
MurrayDarling Basin Amendment Bill 2007
Amendments Schedule 1
(c) in the case of annuity contributions received under clause
67:
(i) from a State Contracting Government, only be
expended on either:
(A) investigations, construction and
administration costs; or
(B) major or cyclic maintenance costs,
of the Commission's water business, as the case
requires; or
(ii) from the Commonwealth, only be expended on
investigations, construction and administration costs
of the Commission's water business.".
17. CLAUSE 73
In sub-clause (1):
(a) omit "annual and supplementary"; and
(b) insert after "estimates", "referred to in paragraph 68(1)(a),".
18. CLAUSE 75
(1) Omit sub-clause (1). Insert instead:
"(1) The unexpended balance of moneys paid to the Commission
by Contracting Governments for implementing measures in
any financial year:
(a) shall, with the approval of the Ministerial Council, be
available for expenditure in a subsequent financial
year upon any item in the annual estimates approved
by the Ministerial Council for the relevant year; or
(b) may be used to reduce the amounts which would
otherwise be payable by each Contracting
Government under clause 69 in that subsequent
financial year.".
(2) In sub-clause (2):
(a) omit "any". Insert instead "the".
(b) after "balances" insert "of moneys referred to in sub-clause
75(1)".
(3) Omit sub-clause (3). Insert instead:
"(3) Any unexpended balance referred to in sub-clause 75(1)
must only be expended on implementing measures under this
Agreement.".
Page 11
MurrayDarling Basin Amendment Bill 2007
Schedule 1 Amendments
19. CLAUSE 77
Omit sub-clause (2). Insert instead:
"(2) The Commission must determine how proceeds from the
disposal of surplus assets are:
(a) to be paid to the Commission and credited against
future capital and renewal contributions by; or
(b) to be distributed among,
the Contracting Governments, having regard to the contributions
made by each Contracting Government to the acquisition of
those assets.".
20. CLAUSE 78
(1) Omit paragraphs (a) and (b) from sub-clause (1). Insert instead:
"(a) must be audited annually by:
(i) an auditor appointed by the Ministerial Council; or
(ii) if no appointment is made under sub-paragraph
78(1)(a)(i), the Commonwealth auditor; and
(b) may be audited at any reasonable time by an auditor
appointed by a Contracting Government.".
(2) Omit sub-clauses (2) and (3). Insert instead:
"(2) An auditor referred to in paragraph 78(1)(a) must promptly
inform each Contracting Government of any significant
irregularity revealed by an audit.".
(3) Omit sub-clause (4). Insert instead:
"(3) The Commission must, at all reasonable times, make all its
relevant accounts and records available to an auditor acting
under sub-clause 78(1) or any person acting on behalf of that
auditor.".
(4) Renumber sub-clauses (5) and (6) as (4) and (5), respectively.
(5) (a) Renumber sub-clause (7) as sub-clause (6).
(b) Omit "sub-clause 78(1)" from sub-clause (6). Insert instead
"paragraph 78(1)(a)".
21. CLAUSE 80
Omit clause 80. Insert instead:
"80. The Commission may invest money received by it:
(a) in accordance with any guidelines established by the Ministerial
Council; or
(b) in such manner as may be directed by the Ministerial Council,
but not otherwise.".
Page 12
MurrayDarling Basin Amendment Bill 2007
Amendments Schedule 1
22. CLAUSE 81
Omit sub-clause (3). Insert instead:
"(3) Money paid to the Commission under this clause must either:
(a) be expended on investigations, construction and
administration costs; or
(b) applied in accordance with sub-clause 75(1)."
23. CLAUSE 82
Omit sub-clause (4). Insert instead:
"(4) Money paid to the Commission under this clause must either:
(a) be expended on investigations, construction and
administration costs; or
(b) applied in accordance with sub-clause 75(1).".
24. SCHEDULE C, CLAUSE 22
Omit "7(3)" from sub-clause (2). Insert instead "16(3)".
25. SCHEDULE C, APPENDIX 2
After Appendix 1 to Schedule C insert:
"APPENDIX 2
AUTHORISED JOINT WORKS AND MEASURES
Description of Location Nominated Status
works Government
Barr Creek Drainage Northern Victoria Victoria Former Salinity
Diversion Scheme approximately 20 and Drainage
Saline water diversion km north of the Work
from Barr Creek with township of
disposal to the Kerang
Tutchewop Lakes
Buronga Salt Southwest New New South Wales Former Salinity
Interception Scheme South Wales on and Drainage
(part) Groundwater the River Murray Work
pumping with disposal between Mildura
to Mourquong basin Weir and
Mourquong
Mallee Cliffs Salt Southwest New New South Wales Former Salinity
Interception Scheme South Wales on and Drainage
Groundwater pumping the River Murray Work
with disposal to approximately 30
evaporation basin km east of
adjacent to Mallee Mildura opposite
Cliffs National Park Lambert Island in
Victoria
Page 13
MurrayDarling Basin Amendment Bill 2007
Schedule 1 Amendments
Description of Location Nominated Status
works Government
Mildura-Merbein Northwest Victoria Former Salinity
Salt Interception Victoria on the and Drainage
Scheme (part) Southern side of Work
Groundwater pumping the River Murray
with disposal to between Mildura
Wargan evaporation and Merbein
basins
Rufus River On both sides of South Australia Former Salinity
Groundwater Rufus River and Drainage
Interception Scheme between the outlet Work
Groundwater pumping from Lake
with disposal to Victoria and the
evaporation basins on River Murray
the western side of
lake Victoria
Waikerie Salt Southern side of South Australia Former Salinity
Interception Scheme the River Murray and Drainage
Groundwater pumping from Holder Bend Work
with disposal to (River distance
Stockyard Plain 392 km) to the
evaporation basin Toolunka Reach
(River distance
371 km)
Woolpunda Salt Both sides of the South Australia Former Salinity
Interception Scheme River Murray and Drainage
Groundwater pumping from Overland Work
with disposal to Corner to Holder
Stockyard Plain Bend in South
evaporation basin Australia
Pyramid Creek Salt Along Pyramid Victoria Basin Salinity
Interception Scheme Creek for 12 km Management
Groundwater pumping from Flannery's Strategy Work"
with disposal to a salt Bridge to the Box
harvesting pond Creek Regulator
complex
Page 14
MurrayDarling Basin Amendment Bill 2007
Amendments Schedule 1
26. SCHEDULE D, CLAUSE 3
To avoid doubt and to allow the Parties to comply with sub-clause 134(6) of the
Principal Agreement:
(1) After sub-clause 3(1) insert:
"(1A) Sub-clauses 38(1) and 38(3) of the Agreement only apply
to the State of Queensland in respect of an act, omission or
loss incurred, in relation to the bona fide execution of
powers--
(a) in or related to the State of Queensland; or
(b) under a provision of the Agreement as it applies to the
State of Queensland.".
(2) After sub-clause 3(4) insert:
"(5) Nothing in the Agreement requires the State of
Queensland--
(a) to contribute to the costs of, or associated with,
remedying any actual or anticipated damage referred
to in paragraph 51(1)(c) of the Agreement; or
(b) to meet any compensation for damage paid under
clause 83 of the Agreement,
except where the State of Queensland has contributed to the
construction, maintenance or operation expenses of the works to
which the costs or compensation relate.".
EXECUTED as an agreement
}
SIGNED by the Honourable
John Winston Howard MP
Prime Minister of the Commonwealth John Howard
of Australia in the presence of--
Ron Perry
Page 15
MurrayDarling Basin Amendment Bill 2007
Schedule 1 Amendments
}
SIGNED by the Honourable
Morris Iemma MP Premier of
New South Wales in the presence of-- Morris Iemma
Ron Perry
}
SIGNED by the Honourable
Steve Bracks MP Premier of
Victoria in the presence of-- Steve Bracks
Ron Perry
}
SIGNED by the Honourable
Peter Beattie MP Premier of
Queensland in the presence of-- Peter Beattie
Ron Perry
}
SIGNED by the Honourable
Mike Rann MP Premier of
South Australia in the presence of-- Mike Rann
Ron Perry
Page 16
MurrayDarling Basin Amendment Bill 2007
Amendments Schedule 1
}
SIGNED by Jon Stanhope MLA
Chief Minister of the Australian Capital Jon Stanhope
Territory in the presence of--
Ron Perry
Page 17
[Index] [Search] [Download] [Related Items] [Help]