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This is a Bill, not an Act. For current law, see the Acts databases.


LAKE EYRE BASIN AGREEMENT BILL 2001

      Queensland




  LAKE EYRE BASIN
AGREEMENT BILL 2001

 


 

 

Queensland LAKE EYRE BASIN AGREEMENT BILL 2001 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Approval and ratification of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Facilitation of agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 5 LAKE EYRE BASIN INTERGOVERNMENTAL AGREEMENT

 


 

 

2001 A BILL FOR An Act to approve, ratify and facilitate the Lake Eyre Basin intergovernmental agreement

 


 

s1 4 s4 Lake Eyre Basin Agreement Bill 2001 The Parliament of Queensland enacts-- 1 1 Short title 2 This Act may be cited as the Lake Eyre Basin Agreement Act 2001. 3 2 Definition 4 In this Act-- 5 "agreement" means the Lake Eyre Basin intergovernmental agreement, a 6 copy of which is set out in the schedule. 7 3 Approval and ratification of agreement 8 The agreement is approved and ratified. 9 4 Facilitation of agreement 10 The Minister and the State are authorised and required to do anything 11 reasonably necessary to ensure the performance and observance of the 12 agreement. 13

 


 

5 Lake Eyre Basin Agreement Bill 2001 SCHEDULE 1 LAKE EYRE BASIN INTERGOVERNMENTAL 2 AGREEMENT 3 section 3 4 LAKE EYRE BASIN INTERGOVERNMENTAL AGREEMENT 5 6 AN AGREEMENT MADE THE 21ST DAY OF OCTOBER 2000 7 8 BETWEEN: 9 10 THE COMMONWEALTH OF AUSTRALIA 11 12 AND 13 14 THE STATE OF QUEENSLAND 15 16 AND 17 18 THE STATE OF SOUTH AUSTRALIA 19 20 RECITALS: 21 22 A. The Lake Eyre Basin has within its boundaries areas of national and 23 international ecological and environmental significance, areas of high 24 economic worth from activities such as pastoralism, tourism, oil and 25 gas extraction and mining, and areas of social, cultural and heritage 26 value, the sustainability of much of which depends upon the continued 27 health of the Thomson/Barcoo/Cooper, Georgina and Diamantina river 28

 


 

6 Lake Eyre Basin Agreement Bill 2001 SCHEDULE (continued) systems within Queensland and South Australia (as defined in the 1 Australian National Map Drainage Divisions and Basins and including 2 their catchments, flood plains, lakes, wetlands and overflow channels). 3 B. Management of the Lake Eyre Basin which will best serve the object 4 of sustainability requires a joint cooperative approach between the 5 States of Queensland and South Australia and the Commonwealth. 6 C. The Parties to this Agreement entered into a Heads of Agreement dated 7 26 May 1997 whereby it was agreed that the above approach should be 8 embodied in a formal interstate Agreement ratified by the Parliaments 9 of each State. 10 D. This Agreement is entered into by the Parties in accordance with the 11 Lake Eyre Basin Heads of Agreement, and is to provide for the 12 establishment of arrangements for the management of water and 13 related natural resources for that portion of the Lake Eyre Basin 14 identified as the Lake Eyre Basin Agreement Area in Clause 1.1, 15 including the development or adoption, and implementation of agreed 16 Policies and Strategies for the avoidance of adverse cross-border 17 impacts and the creation of a relevant institutional structure. 18 E. This Agreement is also entered into in recognition of the provisions of 19 the Intergovernmental Agreement on the Environment dated 1 May 20 1992 between the Commonwealth, all States and Territories, and the 21 Australian Local Government Association, that States use their best 22 endeavours to establish appropriate mechanisms for ensuring 23 cooperative management where significant adverse external effects on 24 another State are expected and identified, and that the role of 25 government is to establish the policy, legislative and administrative 26 framework to determine the permissibility of land use, resource use or 27 development proposals having regard to the appropriate, efficient and 28 ecologically sustainable use of natural resources, and to provide for the 29 consideration of regional implications where proposals for the use of a 30 resource affect several jurisdictions. 31 F. The provisions of this Agreement are consistent with the Council of 32 Australian Governments' National Water Reform Framework and the 33 Natural Heritage Trust Partnership Agreements. 34

 


 

7 Lake Eyre Basin Agreement Bill 2001 SCHEDULE (continued) THE PARTIES AGREE AS FOLLOWS: 1 PART I-- APPLICATION AND INTERPRETATION 2 3 Application 4 1.1 This Agreement applies to that area of the Lake Eyre Basin (the 5 Agreement Area) encompassing portions of Queensland and South 6 Australia, as depicted in Schedule 1 of this Agreement, including within 7 that area the following river systems and associated catchments, 8 floodplains, overflow channels, lakes, wetlands and sub-artesian waters 9 dependent on surface flows: 10 (a) the Cooper Creek system including the Thomson and Barcoo 11 Rivers, and associated tributaries; and 12 (b) the Diamantina River system, including the Georgina River, and 13 including Warburton Creek in South Australia, and associated 14 tributaries. 15 16 Definitions 17 1.2 In this Agreement save where inconsistent with the context: 18 "Ecosystem" means a community of organisms, interacting with one 19 another, and the natural resources comprising the environment in 20 which those organisms live and with which they also interact. 21 "Lake Eyre Basin Agreement Area" means the area referred to in 22 clause 1.1 to which the Agreement applies. 23 "Management Plan" means a plan or other document of a State that has 24 been adopted by the Ministerial Forum. 25 "Ministerial Forum" means the group of Ministers of the Crown in right 26 of the Commonwealth and the State parties constituted under Part V. 27 "Natural resources" means water, soil, the atmosphere, plants, animals 28 and micro-organisms that maintain and form components of 29 ecosystems. 30

 


 

8 Lake Eyre Basin Agreement Bill 2001 SCHEDULE (continued) "Principles" means the guiding principles referred to in Part III. 1 "Policy" means a document setting out a course or line of action developed 2 or adopted and pursued by the Ministerial Forum for the purpose of 3 implementing this Agreement. 4 "Related natural resources" means natural resources the use or 5 management of which affects or might affect, or is or might be 6 affected by the quantity or quality of water in the water systems 7 described in clause 1.1 of this Agreement, or the ecosystems of which 8 such water is a component part. 9 "Strategy" means a document setting out a course or line of action 10 developed or adopted and pursued by the Ministerial Forum for the 11 purpose of implementing a Policy. 12 Interpretation 13 1.3 In this Agreement, unless the context otherwise requires: 14 (a) a reference to any law or legislation or legislative provision 15 includes any statutory modification or re-enactment of, or 16 legislative provision substituted for, and any subordinate 17 legislation issued under, that legislation or legislative provision; 18 (b) a reference to a Recital, Clause or Schedule is to a recital, clause 19 or schedule in this Agreement; 20 (c) a reference to a person includes a corporation, partnership, joint 21 venture, association, authority, trust, state or government; 22 (d) the singular includes the plural and vice versa 23 (e) a reference to any gender includes the other gender; 24 (f) a reference to any agreement or document is to that agreement or 25 document (and, where applicable, any of its provisions) as 26 amended, novated, supplemented or replaced from time to time; 27 and 28 (g) a reference to "amendment" includes addition, alteration, 29 deletion, extension, modification and variation. 30 31

 


 

9 Lake Eyre Basin Agreement Bill 2001 SCHEDULE (continued) 1.4 In this Agreement, headings are for convenience of reference only 1 and do not affect interpretation. 2 3 1.5 In the interpretation of a provision of this Agreement, a construction 4 that would promote the purpose or object underlying the Agreement 5 (whether or not that purpose or object is expressly stated in the Agreement) 6 will be preferred to a construction that would not promote that purpose or 7 object. 8 9 1.6 Questions of interpretation of this Agreement are to be raised in the 10 Ministerial Forum. 11 PART II--PURPOSE AND OBJECTIVES 12 Purpose 13 2.1 The purpose of this Agreement is to provide for the development or 14 adoption, and implementation of Policies and Strategies concerning water 15 and related natural resources in the Lake Eyre Basin Agreement Area to 16 avoid or eliminate so far as reasonably practicable adverse cross-border 17 impacts. 18 Objectives 19 2.2 The objectives of this Agreement are: 20 (a) to provide a means for the Parties to come together in good faith 21 to achieve the purposes of the Agreement; 22 (b) to define a process and context for raising and addressing water 23 and related natural resource management issues in the Lake Eyre 24 Basin Agreement Area that have cross-border impacts, 25 particularly those related to water quantity and quality, and flow 26 regimes; 27

 


 

10 Lake Eyre Basin Agreement Bill 2001 SCHEDULE (continued) (c) to establish institutional arrangements for the development or 1 adoption of Policies and Strategies and for the adoption of any 2 relevant management plans established by a State; 3 (d) to provide for each of the Parties, so far as they are able within 4 their respective jurisdictions, to progress the implementation of 5 Policies and Strategies developed or adopted under this 6 Agreement and to make management decisions and allocate 7 resources accordingly; 8 (e) to provide a mechanism to review Policies and Strategies; 9 (f) to provide for the Parties to jointly promote and support the 10 management of water and related natural resources through a 11 cooperative approach between community, industry and other 12 stakeholders, and all levels of government in the sustainable 13 management of the Lake Eyre Basin Agreement Area; 14 (g) to encourage, promote and support water and related resource 15 management practices which are compatible with the spirit and 16 intent of the Agreement; 17 (h) to encourage and promote research and monitoring to improve 18 understanding and support informed decision making in the Lake 19 Eyre Basin Agreement Area; 20 (i) to provide for the review and, if necessary, revision of the 21 Agreement from time to time; and 22 (j) to raise general public awareness of the special biodiversity and 23 heritage values of the Lake Eyre Basin Agreement Area. 24 PART III--GUIDING PRINCIPLES 25 26 3.1 Consideration of all issues and the making of all decisions under this 27 Agreement will be guided by the following Principles, namely that it be 28 acknowledged: 29 (a) that the Lake Eyre Basin Agreement Area has important social, 30 environmental, economic and cultural values which need to be 31 conserved and promoted; 32

 


 

11 Lake Eyre Basin Agreement Bill 2001 SCHEDULE (continued) (b) that there are landscapes and watercourses in the Lake Eyre 1 Basin Agreement Area that are valuable for aesthetic, wilderness, 2 cultural and tourism purposes; 3 (c) that naturally variable flow regimes and the maintenance of water 4 quality are fundamental to the health of the aquatic ecosystems in 5 the Lake Eyre Basin Agreement Area; 6 (d) that the water requirements for ecological processes, biodiversity 7 and ecologically significant areas within the Lake Eyre Basin 8 Agreement Area should be maintained, especially by means of 9 flow variability and seasonality; 10 (e) that flooding throughout the catchments within the Lake Eyre 11 Basin Agreement Area is beneficial in that it makes a significant 12 contribution to pastoral activities as well as flood plain 13 ecosystem processes; 14 (f) that the storage and use of water both within and away from 15 watercourses, and the storage and use of water from associated 16 ground water, are all linked and should be considered together, 17 and that water resources throughout catchments within the Lake 18 Eyre Basin Agreement Area should be managed on an integrated 19 basis; 20 (g) that precautionary approaches need to be taken so as to minimise 21 the impact on known environmental attributes, and reduce the 22 possibility of affecting poorly understood ecological functions; 23 (h) that natural resource management decisions need to be made 24 within the context of the National Strategy for Ecologically 25 Sustainable Development and relevant national and international 26 obligations; 27 (i) that the collective local knowledge and experience of the Lake 28 Eyre Basin Agreement Area communities are of significant 29 value; and 30 (j) that decisions need to be based on the best available scientific 31 and technical information together with the collective local 32 knowledge and experience of communities within the Lake Eyre 33 Basin Agreement Area. 34

 


 

12 Lake Eyre Basin Agreement Bill 2001 SCHEDULE (continued) PART IV--ROLES OF THE PARTIES 1 Responsibilities and Interests of all Parties 2 4.1 The following will guide the Parties in defining the roles, 3 responsibilities and interests of the Parties in relation to the achievement of 4 the objectives of this Agreement. 5 Responsibilities and Interests of the Commonwealth 6 4.2 The responsibilities and interests of the Commonwealth in 7 safeguarding and accommodating matters of national interest include 8 ensuring that the policies or practices of a State that affect or might affect 9 the water and related natural resources to which this Agreement applies, do 10 not result in significant adverse external effects in relation to another State. 11 4.3 When considering its responsibilities and interests under Clause 4.2 12 the Commonwealth will have regard to the role of the States in dealing with 13 significant adverse external effects in accordance with the requirements of 14 the Intergovernmental Agreement on the Environment, and any action 15 taken pursuant to that Agreement. 16 4.4 The Commonwealth will monitor the activities of the States in the 17 Lake Eyre Basin Agreement Area to ensure Australia meets its 18 international obligations in accordance with the Intergovernmental 19 Agreement on the Environment. 20 4.5 The Commonwealth has responsibility for the management 21 (including operational policy) of natural resources on land which the 22 Commonwealth owns or which it occupies for its own use. 23 4.6 The Commonwealth will ensure that matters of national interest 24 relating to environmental protection, sustainable agriculture and water and 25 related natural resources management in the Lake Eyre Basin Agreement 26 Area are appropriately addressed in consultation with the States. 27

 


 

13 Lake Eyre Basin Agreement Bill 2001 SCHEDULE (continued) 4.7 The Commonwealth will consult with the States as required by the 1 Intergovernmental Agreement on the Environment prior to entry into any 2 international agreement which may directly impact on the Lake Eyre Basin 3 Agreement Area. 4 Responsibilities and Interests of the States 5 4.8 Each State will continue to have responsibility for the development 6 and implementation of policy in relation to matters concerning the Lake 7 Eyre Basin Agreement Area which have no significant effects on the water 8 and related natural resources of the Lake Eyre Basin Agreement Area. 9 4.9 Each State will continue to have responsibility for its policy 10 formulation and the administration of its legislation relevant to water and 11 related natural resource management within the Lake Eyre Basin 12 Agreement Area, but in so doing will, to the fullest extent that it is able, 13 comply with this Agreement and any applicable Policies and Strategies 14 developed or adopted under it. Further, to the extent that may be necessary, 15 each State will use its best endeavours to secure the passage through its 16 respective Parliament of legislation for the purpose of conforming with and 17 implementing this Agreement and any such Policies and Strategies. 18 4.10 Each State will assist in the encouragement and promotion of 19 research and monitoring to facilitate informed decision making for the 20 Lake Eyre Basin Agreement Area, and the sharing of access to the results 21 of such research and monitoring so far as either State may control such 22 access. 23 4.11 Each State will consult with and involve Local Government (where 24 relevant) in the implementation of this Agreement and the Policies and 25 Strategies developed or adopted under it to the extent that State statutes and 26 administrative arrangements authorise or delegate relevant responsibilities 27 to Local Government, and in a manner which reflects the concept of 28 partnership between the Commonwealth, State and Local Governments. 29

 


 

14 Lake Eyre Basin Agreement Bill 2001 SCHEDULE (continued) PART V--INSTITUTIONAL STRUCTURE 1 Constitution of the Ministerial Forum 2 5.1 The Ministerial Forum is constituted. 3 5.2 The Ministerial Forum will consist of one Minister from each State 4 and one Minister of the Commonwealth. Each Party will appoint its 5 Minister from time to time, by notice in writing to each other Party. 6 5.3 Whenever a member of the Ministerial Forum is: 7 (a) unable for any reason to attend a meeting of the Ministerial 8 Forum; or 9 (b) otherwise unable to perform the duties of a member of the 10 Ministerial Forum, 11 another Minister of that State or the Commonwealth will be appointed to 12 act in the place of that member, and while so acting that other Minister will 13 have all the responsibilities and perform all the duties of that member. 14 Procedures of the Ministerial Forum 15 5.4 The Ministerial Forum will meet at least once in each year but 16 otherwise at such times as it sees fit and will, subject to this Agreement, 17 determine its own procedure. 18 5.5 A resolution before the Ministerial Forum will be carried only by a 19 unanimous vote. 20 5.6 The Commonwealth Minister will act as the chair of the Ministerial 21 Forum. 22 5.7 A permanent record of all resolutions of the Ministerial Forum will be 23 kept. 24

 


 

15 Lake Eyre Basin Agreement Bill 2001 SCHEDULE (continued) Functions of the Ministerial Forum 1 5.8 The Ministerial Forum will be responsible for the implementation of 2 this Agreement. 3 Community Advice and Representation 4 5.9 The Ministerial Forum will ensure that it has satisfactory access to 5 community advice in relation to matters relevant to this Agreement. 6 5.10 For that purpose the Ministerial Forum may either: 7 5.10.1 adopt one or more independently formed groups, committees 8 or bodies to provide community advice representation and 9 feedback; or 10 5.10.2 appoint the members of a committee to perform that function. 11 5.11 Whichever means of access to community advice the Ministerial 12 Forum selects the following will apply: 13 5.11.1 There will be appropriate representation of: 14 (a) Aboriginal interests; 15 (b) pastoral interests; 16 (c) agricultural interests; 17 (d) mining and petroleum interests; 18 (e) conservation interests; 19 (f) tourism interests; 20 (g) matters and interests affecting the Cooper Creek River 21 system as referred to in clause 1.1 of this Agreement; and 22 (h) matters and interests affecting the Diamantina River system 23 as referred to in clause 1.1 of this Agreement; and 24 5.11.2 The following roles will be satisfactorily performed: 25 (a) representation of the various interests referred to in sub- 26 clause 5.11.1; 27

 


 

16 Lake Eyre Basin Agreement Bill 2001 SCHEDULE (continued) (b) the seeking out of community views relevant to matters 1 covered by this Agreement and the communication of those 2 views to the Ministerial Forum; 3 (c) the communication of decisions and initiatives of the 4 Ministerial Forum to the various communities; and 5 (d) the performance of such other functions relevant to this 6 Agreement as the Ministerial Forum may require. 7 5.12 This clause will apply if the Ministerial Forum chooses to adopt one 8 or more independently formed groups, committees or bodies to provide 9 advice representation and feedback. 10 (a) Subject to the availability of funds under Part XI of this 11 Agreement, the independently formed groups committees and 12 bodies will receive such allowances and expenses as the 13 Ministerial Forum may from time to time determine, such 14 payments to be disbursed or divided amongst individual 15 members in such manner as those groups committees or bodies 16 may themselves decide. 17 (b) The Ministerial Forum may at any time determine that any one or 18 more or all of the adopted groups committees or bodies will 19 cease to be its provider of community advice, representation and 20 feedback provided however that the Ministerial Forum will 21 within a reasonable time (and in any event before any relevant 22 significant decisions are made) replace that source of community 23 advice in accordance with this Agreement. 24 25 5.13 This clause will apply if the Ministerial Forum chooses to appoint a 26 committee to provide community advice, representation and feedback. 27 (a) Each member will be appointed by the Ministerial Forum. 28 (b) In appointing members to represent Aboriginal interests the 29 Ministerial Forum will have regard, as a fundamental element of 30 its decisions, to such recommendations as the Aboriginal 31 communities of the Lake Eyre Basin Agreement Area may 32 choose to make. 33

 


 

17 Lake Eyre Basin Agreement Bill 2001 SCHEDULE (continued) (c) The Ministerial Forum may appoint members of the committee 1 from time to time to fill vacancies. 2 (d) The Ministerial Forum may at any time appoint to the committee 3 such additional members as it thinks fit. 4 (e) The appointment of members of the committee will be for a 5 period of three years from the date of each appointment provided 6 however that members will be eligible for re-appointment for 7 such terms from time to time as the Ministerial Forum thinks 8 appropriate. 9 (f) Subject to the availability of funds under Part XI of this 10 Agreement, a member of the committee will receive such 11 allowances and expenses as the Ministerial Forum may from 12 time to time determine. 13 (g) The Ministerial Forum may at any time terminate the 14 appointment of individual members or disband the committee: 15 (i) if of the opinion that the member or members or the 16 committee is or are no longer substantially representing the 17 interests or matters in respect of which the member or 18 members or the committee as the case may be was or were 19 appointed; or 20 (ii) for such reason as the Ministerial Forum considers 21 appropriate, provided however that the Ministerial Forum 22 will within a reasonable time (and in any event before any 23 relevant significant decisions are made) appoint or re- 24 appoint members of the committee in accordance with this 25 Agreement, or, if the whole committee has been disbanded, 26 replace that source of community advice in accordance with 27 this Agreement. 28 (h) The Ministerial Forum may appoint to the committee the 29 individual members of a group, committee or body 30 independently formed. To the extent that may be necessary to 31 satisfy the requirements of this Agreement, the Ministerial 32 Forum will appoint additional members. 33

 


 

18 Lake Eyre Basin Agreement Bill 2001 SCHEDULE (continued) PART VI --CONFERENCE 1 6.1 The Ministerial Forum may from time to time arrange a conference to 2 be attended by the members of the Ministerial Forum, members of 3 committees appointed or adopted under this Agreement and of other 4 interested groups, interested individuals, scientific and technical advisers 5 and senior government officers. 6 6.2 There will be a conference at least once before the second anniversary 7 of the effective date of this Agreement and thereafter on at least a biennial 8 basis. 9 6.3 The purpose of such conferences will be to exchange information and 10 views on issues relevant to the operation of this Agreement. 11 PART VII--SCIENTIFIC AND TECHNICAL ADVICE 12 7.1 The Ministerial Forum may seek scientific and technical advice 13 relevant to this Agreement from such persons or bodies as it thinks 14 appropriate. In particular, the Ministerial Forum may obtain scientific and/ 15 or technical advice in relation to the identification of requirements for the 16 effective monitoring of the condition of the rivers and catchments within 17 the Lake Eyre Basin Agreement Area and the establishment of programs to 18 meet those requirements. 19 7.2 The Ministerial Forum may if it thinks appropriate, establish a panel 20 of scientists and technicians for the purpose of providing advice to the 21 Ministerial Forum relevant to this Agreement. 22

 


 

19 Lake Eyre Basin Agreement Bill 2001 SCHEDULE (continued) PART VIII--POLICIES AND STRATEGIES 1 8.1 The Ministerial Forum will, without unnecessary delay, develop or 2 adopt Policies and Strategies for the management of the Lake Eyre Basin 3 Agreement Area in accordance with the purpose, objectives and Principles 4 set out in this Agreement. 5 8.2 The Ministerial Forum may vary or revoke such Policies and 6 Strategies, and may make supplementary Policies and Strategies. 7 8.3 The Ministerial Forum may adopt management plans prepared by the 8 States if those plans are consistent with this Agreement and with the 9 Policies developed or adopted by the Ministerial Forum for the 10 management of the Lake Eyre Basin Agreement Area, and once adopted, 11 such management plans prepared by the States will be treated as plans of 12 the Ministerial Forum under this Agreement. 13 Content of Policies and Strategies 14 8.4 The Policies and Strategies will make provision for such matters as 15 the Ministerial Forum thinks fit, including but not limited to: 16 (a) objectives for water quality and river flows; 17 (b) objectives for water and related natural resource management in 18 the Lake Eyre Basin Agreement Area for the achievement of the 19 water quality and river flow objectives; 20 (c) catchment management policies and strategies for the 21 achievement, as far as practicable, of the water quality and river 22 flow objectives; 23 (d) policies for dealing with relevant existing entitlements under 24 State laws and significant water related developments; and 25 (e) research and monitoring requirements and programs to meet 26 those requirements. 27

 


 

20 Lake Eyre Basin Agreement Bill 2001 SCHEDULE (continued) PART IX--RATIFICATION AND EFFECTIVE DATE 1 9.1 This Agreement, other than Part IX, is subject to approval and 2 ratification by the Parliaments of South Australia and Queensland and will 3 come into effect when so approved and ratified by the Parliaments of both 4 States. 5 9.2 Any amendment of this Agreement, including the addition or 6 amendment of a Schedule approved by the Ministerial Forum under 7 clause 10 or 12, is subject to approval and ratification by the Parliaments of 8 South Australia and Queensland and will come into effect when so 9 approved and ratified. 10 9.3 Each State will take all practical steps to seek the enactment of 11 legislation: 12 (a) approving and ratifying this Agreement, and any amendment to 13 this Agreement which may be approved by the Ministerial Forum 14 from time to time, on behalf of the State; and 15 (b) authorising and requiring the performance and observance of this 16 Agreement by the Government of the State. 17 PART X--REVIEW AND AMENDMENT 18 Review 19 10.1 The Ministerial Forum must cause a review of: 20 (a) the operation of this Agreement; and 21 (b) the extent to which the objectives set out in Clause 2.2 of this 22 Agreement have been achieved, 23 to be undertaken without unnecessary delay after the fifth anniversary of 24 the effective date of this Agreement, and thereafter on a ten yearly basis. 25

 


 

21 Lake Eyre Basin Agreement Bill 2001 SCHEDULE (continued) 10.2 A report of each review required under clause 10.1 is to be tabled in 1 the Parliament of each State and presented to the Commonwealth Minister 2 within 12 months after completion of it. 3 10.3 The Ministerial Forum must cause a review of all Policies and 4 Strategies to be undertaken without unnecessary delay after the fifth 5 anniversary of the development or adoption of them, and thereafter as 6 necessary but in any event not less frequently than every ten years. 7 10.4 The Ministerial Forum must cause a review of the condition of all 8 watercourses and catchments within the Lake Eyre Basin Agreement Area 9 to be undertaken without unnecessary delay after the effective date of this 10 Agreement, and thereafter on a ten yearly basis. 11 Amendment 12 10.5 The Ministerial Forum may approve such amendments to this 13 Agreement, including amendments to or addition of schedules to this 14 Agreement, as the Ministerial Forum considers desirable from time to time. 15 PART XI--FUNDING AND ACCOUNTABILITY 16 ARRANGEMENTS 17 11.1 Subject to the availability of respective appropriations, the 18 Commonwealth and the States will make available all necessary financial 19 and other resources for the establishment and operation of the Ministerial 20 Forum and associated institutional arrangements. 21 11.2 The Commonwealth and the States will determine and agree 22 appropriate cost-sharing arrangements which reflect their respective roles 23 and responsibilities under this Agreement. 24

 


 

22 Lake Eyre Basin Agreement Bill 2001 SCHEDULE (continued) 11.3 Any group committee or body appointed or adopted under Part V and 1 which receives funding under this Agreement will produce to the 2 Ministerial Forum in respect of each financial year a full account of its 3 application of all funds received by it together with a report of its activities 4 towards which such funding has been applied. 5 PART XII--FURTHER PARTIES 6 Accession by New Parties 7 12.1 The State of New South Wales and the Northern Territory may 8 become parties to this Agreement: 9 (a) with the consent of the existing Parties; and 10 (b) on such terms and conditions as may be prescribed by the 11 existing Parties in a Schedule to this Agreement. 12 12.2 The Ministerial Forum may approve any Schedule prepared pursuant 13 to Clause 12.1(b). 14 12.3 This Agreement will not apply to the State of New South Wales or the 15 Northern Territory until: 16 (a) a copy of the Agreement incorporating the Schedule provided for 17 in Paragraph 12.1(b) has been signed on behalf of that State or 18 Territory and the Parliament of that State or Territory has 19 approved this Agreement, including the Schedule; and 20 (b) the Schedule has been approved and ratified by the States under 21 Part IX. 22 12.4 Each State will take the steps referred to in Part IX for the approval 23 and ratification of any schedule approved by the Ministerial Forum under 24 this clause. 25

 


 

23 Lake Eyre Basin Agreement Bill 2001 SCHEDULE (continued) PART XIII--GENERAL 1 Counterparts 2 13. This Agreement may be executed in any number of counterparts and 3 all of those counterparts taken together constitute one and the same 4 instrument. 5 6

 


 

24 Lake Eyre Basin Agreement Bill 2001 SCHEDULE (continued) Signed by The Minister for the ) 1 ) 2 Environment and Heritage of the Commonwealth ) Robert Hill (sgd) 3 ) ............................... 4 this 13th day of October 2000 ) 5 6 in the presence of 7 8 B.A. Huppatz (sgd) 9 ...................................................... 10 Witness 11 12 13 Signed by The Minister for Environment ) 14 ) 15 and Heritage and Natural Resources of ) Rod Welford (sgd) 16 ) ............................... 17 the State of Queensland ) 18 ) 19 this 21st day of October 2000 ) 20 21 in the presence of 22 23 D. Blesing (sgd) 24 ...................................................... 25 Witness 26 27 28

 


 

25 Lake Eyre Basin Agreement Bill 2001 SCHEDULE (continued) The Common Seal of ) 1 ) (seal affixed) 2 Minister for Water Resources ) Mark Brindal (sgd) 3 ) ............................... 4 of the State of South Australia ) 5 ) 6 affixed this 21st day of October 2000 ) 7 8 in the presence of 9 10 D. Blesing (sgd) 11 ...................................................... 12 Witness 13

 


 

26 Lake Eyre Basin Agreement Bill 2001 SCHEDULE (continued) 1 2 © State of Queensland 2001

 


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