Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

Arrangements for the sharing of water from the rivers comprising the
Murray–Darling Basin are the subject of an agreement entered into on 24 June 1992
between the Commonwealth, New South Wales, Victoria and South Australia (the
Murray–Darling Basin Agreement). Legislative approval to that agreement was
given when Parliament enacted the Murray–Darling Basin Act 1992. A copy of the
agreement (as subsequently amended on 3 June 2002) is set out in Schedule 1 to that
Act.

The Commonwealth, New South Wales, Queensland, Victoria, South Australia and
the Australian Capital Territory have subsequently entered into an agreement (the
Murray–Darling Basin Amending Agreement 2006) to further amend the
Murray–Darling Basin Agreement so as to facilitate the operation of the
Murray–Darling Basin Commission’s water business on appropriate commercial
principles.

The object of this Bill is to amend the Murray–Darling Basin Act 1992 so as to give
legislative approval to the Murray–Darling Basin Amending Agreement 2006. As a
consequence of that approval, the Murray–Darling Basin Agreement will be
amended in accordance with the terms of the Murray–Darling Basin Amending
Agreement 2006.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.

Clause 3 is a formal provision that gives effect to the amendments to the
Murray–Darling Basin Act 1992 set out in Schedule 1.

Clause 4 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendments
Schedule 1 [1] amends the definition of Agreement in section 4 (1) to reflect the
adoption of the Murray–Darling Basin Amending Agreement 2006.

Schedule 1 [2] inserts a definition of Amending Agreement 2006 into section 4 (1).

Schedule 1 [3] inserts proposed section 6B. The new section gives legislative
approval to the Murray–Darling Basin Amending Agreement 2006.

Schedule 1 [4] inserts proposed Schedule 3. The new Schedule contains the text of
the Murray–Darling Basin Amending Agreement 2006.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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