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Queensland
MURRAY-DARLING BASIN
BILL 1996
Queensland
MURRAY-DARLING BASIN BILL 1996
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Meaning of other words and expressions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--THE AGREEMENT AND THE COMMISSIONERS
5 Approval of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Appointment of commissioners and deputy commissioners . . . . . . . . . . . . . 5
7 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
9 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
10 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 3--COMMISSION'S FUNCTIONS AND POWERS
11 Functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 4--GENERAL
12 Supreme Court jurisdiction over commission and commissioners . . . . . . . . 6
13 Exemption from taxes and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
14 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
15 Tabling of certain documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
16 Accession by new parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
17 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 8
MURRAY-DARLING BASIN AGREEMENT
1996
A BILL
FOR
An Act to approve and provide for carrying out an agreement entered
into between the Commonwealth, New South Wales, Victoria,
Queensland and South Australia with regard to the water, land
and other environmental resources of the Murray-Darling Basin,
and for other purposes
s1 4 s4
Murray-Darling Basin
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Murray-Darling Basin Act 1996. 4
5
Definitions
2. In this Act-- 6
"agreement" means the agreement (including schedule D) a copy of the 7
text of which is in the schedule to this Act. 8
"commission" means the MurrayDarling Basin Commission. 9
"commissioner", other than in section 6(1), means-- 10
(a) the president or a commissioner of the commission; or 11
(b) a deputy commissioner of the commission when acting as a 12
commissioner of the commission. 13
"State member" means a commissioner or deputy commissioner 14
appointed under section 6. 15
of other words and expressions 16
Meaning
3. If a word or expression (other than a word or expression defined in 17
section 2) is used in this Act and in the agreement, the word or expression 18
has the meaning given in the agreement. 19
binds all persons 20
Act
4. This Act binds all persons, including the State. 21
s5 5 s 10
Murray-Darling Basin
ART 2--THE AGREEMENT AND THE 1
P
COMMISSIONERS 2
of agreement 3
Approval
5. The agreement is approved. 4
of commissioners and deputy commissioners 5
Appointment
6.(1) For the agreement, clause 20(2), the Governor in Council may 6
appoint 2 commissioners and 2 deputy commissioners. 7
(2) A State member may be appointed for a term of not longer than 8
5 years. 9
(3) A State member is eligible for reappointment. 10
of appointment 11
Terms
7. For a matter not provided under this Act, another State law or the 12
agreement, a State member holds office on terms decided by the Governor 13
in Council. 14
15
Remuneration
8. A State member is entitled to the remuneration and allowances fixed 16
by the Governor in Council. 17
18
Resignation
9. A State member may resign from office under the agreement, 19
clause 29. 20
of appointment 21
Termination
10. The Governor in Council may at any time remove a State member 22
from office. 23
s 11 6 s 14
Murray-Darling Basin
ART 3--COMMISSION'S FUNCTIONS AND 1
P
POWERS 2
unctions and powers 3
F
11. The commission has the functions and powers expressed to be 4
conferred on it under the agreement. 5
PART 4--GENERAL 6
Court jurisdiction over commission and commissioners 7
Supreme
12.(1) The Supreme Court may exercise jurisdiction in relation to the 8
commission and the commissioners in the same way and to the same extent 9
as it could if the commission were a body representing the State and the 10
commissioners were State officers. 11
(2) If a court of the Commonwealth or another State that is a party to the 12
agreement exercises a power under a law corresponding to subsection (1), 13
the commission and commissioners must comply with an order or decision 14
of the court. 15
from taxes and charges 16
Exemption
13. Despite any other Act of the State, a rate, tax, charge or fee is not 17
payable for an act or thing done by or for the commission. 18
19
Evidence
14.(1) A minute or record of proceedings of the commission signed by 20
the president of the commission, or a copy of the minute or record certified 21
as correct by the president, is presumed to be correct, unless the contrary is 22
proved. 23
(2) A document signed by, and containing a decision of, an arbitrator 24
appointed under the agreement is, in any proceeding, evidence of the 25
s 15 7 s 17
Murray-Darling Basin
decision, unless the contrary is proved. 1
(3) A document purporting to be a document of a kind mentioned in 2
subsection (1) or (2) is taken to be a document of the kind, unless the 3
contrary is proved. 4
of certain documents 5
Tabling
15. The Minister must ensure a copy of each of the following documents 6
is laid before the Legislative Assembly as soon as practicable after the 7
Minister receives it-- 8
(a) a report or statement given to the Ministerial Council by the 9
commission under the agreement, clause 84; 10
(b) a schedule approved under the agreement, clause 50.1 11
by new parties 12
Accession
16.(1) If the Ministerial Council approves a schedule under the 13
agreement, clause 134 for another State to become a party to the agreement, 14
the Minister must ensure a copy of the schedule is laid before the 15
Legislative Assembly within 15 sitting days after its approval by the 16
Ministerial Council. 17
(2) A schedule mentioned in subsection (1) has no effect if---- 18
(a) it is disallowed as mentioned in the agreement, clause 134; or 19
(b) it is void or has ceased to have effect for another reason 20
mentioned in the clause. 21
power 22
Regulation-making
17. The Governor in Council may make regulations under this Act. 23
1 Agreement, clause 50 (Authorisation of further works or measures)
8
Murray-Darling Basin
CHEDULE
¡S
URRAY-DARLING BASIN AGREEMENT
M
section 2
ARRANGEMENT OF CLAUSES
PART I--INTERPRETATION
Clause
1 Purpose
2 Definitions
3 Interpretation
PART II--APPROVAL AND ENFORCEMENT
4 Substitution
5 Approval
6 Submission to Parliament
7 Parties to provide for enforcement of Agreement and Acts
PART III--THE MINISTERIAL COUNCIL
8 Constitution of Ministerial Council
9 Functions of the Ministerial Council
10 Ministerial Council may direct Commission
11 Ministerial Council may require Commission to report
12 Proceedings of the Ministerial Council
13 Resolutions other than at meetings
14 Appointment of Committees
15 Nomination of responsible Minister
9
Murray-Darling Basin
SCHEDULE (continued)
PART IV--THE COMMISSION
16 Constitution
17 Functions and Powers of the Commission
18 Composition of Commission
19 Declaration of interests
20 Appointment of President, Deputy President, Commissioners
and Deputy Commissioners
21 Terms of Appointment
22 Continuation in Office
23 When Deputy President or Deputy Commissioner may act
24 Powers and Duties of the President
25 Powers of Commissioners
26 Conditions of appointment and remuneration of the President
27 Remuneration of Commissioners and Deputy Commissioners
28 Removal from office
29 Resignation
30 Vacancies
31 Validity of proceedings
32 Meetings of the Commission
33 Resolutions other than at meetings
34 Delegation
35 Appointment of Committees
36 Employees of the Commission
37 Employment of officers in public service or in statutory
authorities
38 Liability for acts of Commissioners and officers
10
Murray-Darling Basin
SCHEDULE (continued)
PART V
INVESTIGATION, MEASUREMENT AND
MONITORING
39 Investigations and studies
40 Monitoring
41 Measurements of water quantity and quality
42 Need for approval in certain cases
43 Power to arrange data in lieu
44 Water quality objectives
45 Recommendations re water quantity and quality
46 Commission to be informed of new proposals
47 Environmental Assessment
48 Protection of catchment of Hume Reservoir
PART VI
CONSTRUCTION, OPERATION AND
MAINTENANCE OF WORKS
49 Works and measures subject to the Agreement
50 Authorisation of further works or measures
51 Ancillary, preventative and remedial works
52 Preparation and submission of designs, etc. of works for
Commission approval
53 Submission of details of measures for Commission approval
54 Commission and Ministerial Council approval of certain tenders
55 Directions for the efficient construction etc. of works
56 States to facilitate construction and operation within their
territories
11
Murray-Darling Basin
SCHEDULE (continued)
57 Works for benefit of State Contracting Governments
58 Declaration that works or measures are effective
59 Maintenance of works
60 Procedures for operation of works
61 Dredging and snagging
62 Operation of works
63 Performance of joint duties
64 Ineffective works
PART VII--FINANCE
65 Apportionment of costs
66 Financial year
67 Annual and forward estimates
68 Supplementary estimates
69 Payments by Contracting Governments
70 Proper accounts to be kept
71 Commission to account
72 Application of moneys by Commission
73 Payments by Commission to Constructing Authorities
74 Contracting Governments to account
75 Unexpended balances
76 List of assets
77 Disposal of surplus assets
78 Audit
79 Bank accounts
80 Investment
81 Revenue
12
Murray-Darling Basin
SCHEDULE (continued)
82 Tolls
83 Compensation for damage by works
PART VIII--REPORTS
84 Preparation of reports
PART IX--PROCEEDINGS IN DEFAULT
85 Failure to perform works or contribute cost
PART X--DISTRIBUTION OF WATERS
Division 1 -- State Entitlements to Water
86 South Australia's monthly entitlement
87 Measurement of South Australia's entitlement
88 Variation of South Australia's entitlements
89 Use of Lake Victoria
90 Surplus flow to South Australia
91 Entitlements of New South Wales and Victoria
92 New South Wales' entitlement to water from Menindee Lakes
93 New South Wales' and Victoria's supply to South Australia
94 Limitations on use by New South Wales and Victoria
Division 2--Control by Commission
95 Commission's role in operation of storages
96 Limitation on Menindee Lakes operation
97 Procedures for Dartmouth Dam operation
98 Water estimated to be under the control of the Commission
99 Available water
100 Minimum Reserve
101 Use of State works to convey Murray water
13
Murray-Darling Basin
SCHEDULE (continued)
Division 3--Water Accounting
102 General
103 Allocation of water to New South Wales and Victoria
104 Allocation of water in Menindee Lake Storage
105 Tributary inflows
106 Use by New South Wales and Victoria of allocated water
107 Snowy diversions out of Murray catchment
108 Losses
109 New South Wales' and Victoria's supply to South Australia
110 Commencement of continuous accounting of carryover of stored
water
111 Reallocation of water between New South Wales and Victoria
112 Accounting for Snowy Scheme
113 Efficient regulation of the Murray River
114 Accounting procedures
115 Internal Spills
116 Accounting for spill from storages
117 Accounting for releases from Dartmouth Reservoir
118 Accounting for releases from Hume Reservoir
119 Accounting for releases from Menindee Lakes Storage
120 Reallocation of water in Menindee Lakes Storage
121 Accounting for dilution flows
Division 4--Periods of Special Accounting
122 Declaration of periods of special accounting
123 Variation of navigation depths during restrictions
124 Special Accounts to be kept
14
Murray-Darling Basin
SCHEDULE (continued)
125 Imbalance in use
126 Limits on imbalance in use
127 Restrictions on South Australia's entitlement
128 Termination of periods of special accounting
PART XI--MENINDEE LAKES STORAGE
129 Maintenance of Menindee Lakes Storage
130 Full supply levels
131 Financial contributions of Commission
PART XII
EFFECTS OF SNOWY MOUNTAINS AGREEMENT
132 Reconciliation with Snowy Mountains Agreement
PART XIII--MISCELLANEOUS
133 Resolution of disputes
134 Accession by new parties
135 Proposals to amend Agreement
136 Giving information to the Commission
137 Authorities to observe agreement
138 Transitional provisions
SCHEDULE A--Works
SCHEDULE B--Murray Darling Basin
SCHEDULE C--Salinity and Drainage Strategy
15
Murray-Darling Basin
SCHEDULE (continued)
MURRAY-DARLING BASIN AGREEMENT 1
The Murray-Darling Basin Agreement made this twenty fourth day of 2
June One thousand nine hundred and ninety two between-- 3
THE COMMONWEALTH OF AUSTRALIA ("the Commonwealth"), 4
THE STATE OF NEW SOUTH WALES ("New South Wales"), 5
THE STATE OF VICTORIA ("Victoria"), and 6
THE STATE OF SOUTH AUSTRALIA ("South Australia"). 7
WHEREAS the Commonwealth, New South Wales, Victorian and South 8
Australian Governments wish to promote and co-ordinate effective 9
planning and management for the equitable efficient and sustainable use of 10
the water, land and environmental resources of the Murray-Darling Basin: 11
AND WHEREAS those Governments have agreed that this Agreement 12
should be substituted for an Agreement made between the parties on the 13
first day of October 1982 and amended by Agreements of the 30th day of 14
October 1987 and the 4th day of October 1990, each of which was 15
subsequently approved by the Parliament of each party: 16
NOW IT IS HEREBY AGREED by the parties to this Agreement as 17
follows-- 18
19
16
Murray-Darling Basin
SCHEDULE (continued)
PART I--INTERPRETATION 1
Purpose 2
1. The purpose of this Agreement is to promote and co-ordinate effective 3
planning and management for the equitable efficient and sustainable use of 4
the water, land and other environmental resources of the Murray-Darling 5
Basin. 6
Definitions 7
2. In this Agreement save where inconsistent with the context-- 8
"annual estimates" means estimates prepared under paragraph 67(1)(a). 9
"Authority" means the Snowy Mountains Hydro-electric Authority. 10
"Commission" means the Murray-Darling Basin Commission. 11
"Commissioner for the Commonwealth" means a Commissioner 12
appointed by the Governor-General pursuant to clause 20. 13
"Commissioner for New South Wales" means a Commissioner appointed 14
by the Governor of New South Wales pursuant to clause 20. 15
"Commissioner for South Australia" means a Commissioner appointed by 16
the Governor of South Australia pursuant to clause 20. 17
"Commissioner for Victoria" means a Commissioner appointed by the 18
Governor of Victoria pursuant to clause 20. 19
"Commonwealth auditor" means the Auditor-General of the 20
Commonwealth or such other person as may be appointed by the 21
Governor-General for the purpose of carrying out the inspection and 22
audit referred to in paragraph 78(1)(a). 23
"Contracting Government" means any of the Governments of the 24
Commonwealth, New South Wales, Victoria, South Australia and of 25
any other State becoming a party pursuant to clause 134. 26
"Constructing Authority" means-- 27
(a) the Contracting Government by which 28
17
Murray-Darling Basin
SCHEDULE (continued)
(i) any works authorised by this Agreement or the former 1
Agreement have been, or are being, or are to be constructed; 2
(ii) any measures authorised under this Agreement or the 3
former Agreement have been, or are being, or are to be 4
executed; or 5
(b) any public authority or any Minister constituted or appointed for 6
the purpose of constructing such works or executing such 7
measures. 8
"Deputy Commissioner for the Commonwealth" means a Deputy 9
Commissioner appointed by the Governor-General pursuant to clause 10
20. 11
"Deputy Commissioner for New South Wales" means a Deputy 12
Commissioner appointed by the Governor of New South Wales 13
pursuant to clause 20. 14
"Deputy Commissioner for South Australia" means a Deputy 15
Commissioner appointed by the Governor of South Australia pursuant 16
to clause 20. 17
"Deputy Commissioner for Victoria" means a Deputy Commissioner 18
appointed by the Governor of Victoria pursuant to clause 20. 19
"diversions" includes abstractions, impoundings and appropriations of 20
water that reduce the flow of a river. 21
"Doctors Point" means the location of the Doctors Point stream gauging 22
station. 23
"E.C." means a unit of electro-conductivity of water, measured in 24
micro-siemens per centimetre at 25 degrees celsius. 25
"former Agreement" means the Agreement made on 9 September 1914 26
between the Prime Minister of the Commonwealth of Australia and 27
the Premiers of the States of New South Wales, Victoria and South 28
Australia as amended by further Agreements dated 10 August 1923, 29
23 July 1934, 26 November 1940, 2 November 1954, 11 September 30
1958, 8 October 1963, 26 February 1970, 1 October 1982, 30 October 31
1987 and 4 October 1990. 32
18
Murray-Darling Basin
SCHEDULE (continued)
"Full Supply Level" means the full supply water level-- 1
(a) defined by reference to Australian Height Datum specified by the 2
design drawings for any structure subject to this Agreement; or 3
(b) in the case of Menindee Lakes Storage, as defined under 4
clause 130. 5
"Governor-General" means Governor-General acting with the advice of the 6
Executive Council. 7
"Governor" means Governor acting with the advice of the Executive 8
Council. 9
"land" includes 10
(a) Crown lands; 11
(b) buildings; 12
(c) any interest, right or privilege in, over or affecting any land. 13
"maintenance" includes the execution of all work of any description which 14
is necessary to keep an existing work in the state of utility in which it 15
was upon-- 16
(a) its original completion; or 17
(b) the completion of any improvement thereto or replacement 18
thereof, 19
but does not include-- 20
(i) the execution of any improvement to the design or function 21
of that work; or 22
(ii) the replacement of the whole of that work; or 23
(iii) work to remedy the extraordinary failure of part or all of that 24
work. 25
"major storages" means Lake Victoria, the Menindee Lakes Storage and the 26
storages formed by Dartmouth Dam and Hume Dam. 27
"measures" includes strategies, plans and programs. 28
"minimum operating level" means the water level in a storage, as 29
19
Murray-Darling Basin
SCHEDULE (continued)
determined from time to time by the Commission, below which water 1
must not be released. 2
"Ministerial Council" means the Ministerial Council established by Part III. 3
"Murray-Darling Basin" means so much of the area within the boundaries 4
of the map shown in Schedule B as forms part of the territory of the 5
Contracting Governments. 6
"officer" means a person employed by the Commission under 7
paragraph 36(a). 8
"period of restriction" means a period of restriction declared under 9
clause 122(3). 10
"period of special accounting" means a period of special accounting 11
declared under clause 122(1). 12
"prescribed rate" means either-- 13
(a) a rate of 2% per annum above the maximum overdraft rate fixed 14
by the Reserve Bank of Australia for amounts of $100,000 or 15
less which is applicable at the time a payment becomes due, or, if 16
no such rate is fixed, 17
(b) a rate of 4% per annum above the rate payable on 18
Commonwealth securities of the longest term offered for public 19
subscription in Australia for the Commonwealth cash loan 20
opened next before the time a payment becomes due. 21
"President" means the President of the Commission appointed under 22
sub-clause 20(1). 23
"public authority" means a body, whether incorporated or not, established 24
for a public purpose by or under a law of the Commonwealth or a 25
State and includes any local government body. 26
"regulated flow" is the flow resulting from the release of stored water at the 27
direction of the Commission other than during, or in anticipation of, 28
floods. 29
"reserve" means water available for release from major storages at the 30
direction of the Commission. 31
"river" and "tributary" respectively include any affluent,effluent, creek, 32
20
Murray-Darling Basin
SCHEDULE (continued)
anabranch or extension of, and any lake or lagoon connected with, the 1
river or tributary. 2
"Snowy Mountains Agreement" means the agreements made between the 3
Commonwealth, New South Wales and Victoria on 18 September 4
1957, and 14 December 1957, both of which agreements are set out in 5
Schedules to the Snowy Mountains Hydro-Electric Power Act 1949 of 6
the Commonwealth. 7
"State" means the State of New South Wales, the State of Victoria, the 8
State of South Australia or any State becoming a party pursuant to 9
clause 134. 10
"State auditor" means a person appointed by the Governor of any of New 11
South Wales, Victoria, South Australia and of any State becoming a 12
party pursuant to clause 134, for the purpose of carrying out the 13
inspection and audit referred to in paragraph 78(1)(b). 14
"State Contracting Government" means any of the Governments of New 15
South Wales, Victoria, South Australia, or of any State becoming a 16
party pursuant to clause 134. 17
"stored water" means water stored in or by 18
(a) any of the works described in Schedule A, and 19
(b) subject to sub-clause 92(1), the Menindee Lakes Storage, and 20
(c) any of the works for storing water authorised under clause 50. 21
"supplementary estimates" means estimates prepared under 22
sub-clause 68(1). 23
"upper River Murray" means the aggregate of-- 24
(a) the main course of the River Murray upstream of the eastern 25
boundary of the State of South Australia; 26
(b) all tributaries entering that part of the main course upstream of 27
Doctors Point; 28
(c) all effluents and anabranches of that part of the main course, other 29
than those excepted by the Commission; 30
(d) the watercourses connecting Lake Victoria to that main course; 31
21
Murray-Darling Basin
SCHEDULE (continued)
(e) the Darling River downstream of the Menindee Lakes Storage; 1
and 2
(f) the upper River Murray storages. 3
"upper River Murray storages" means Lake Victoria, the Menindee Lakes 4
Storage, the storages formed by Dartmouth Dam and Hume Dam and 5
by those weirs, and weirs and locks, described in Schedule A which 6
are upstream of the eastern boundary of South Australia. 7
"water available for release at the direction of the Commission" means 8
water which can physically be released from a storage if the 9
Commission so directs, other than water which must not be released 10
because of sub-clause 96(1). 11
"weir" includes 12
(a) a weir and lock; 13
(b) a barrage in any of the channels at or near the mouth of the River 14
Murray. 15
Interpretation 16
3.(1) In this Agreement, unless the contrary intention appears-- 17
(a) a reference to any Act includes any Act amending, or in 18
substitution for, that Act. 19
(b) a reference to this Agreement includes a reference to-- 20
(i) the Schedules to this Agreement; and 21
(ii) any amendment of or addition to this Agreement or the 22
Schedules hereto. 23
(c) words importing the singular include the plural and vice versa. 24
(d) words importing any gender include any other gender. 25
(e) a reference to a Commissioner includes a Deputy Commissioner 26
who is acting as a Commissioner. 27
(f) a reference to the President includes the Deputy President when 28
acting as President. 29
22
Murray-Darling Basin
SCHEDULE (continued)
(2) In interpreting a provision of this Agreement, a construction that 1
would promote the purpose or object underlying the Agreement (whether or 2
not that purpose or object is expressly stated in the Agreement) shall be 3
preferred to a construction that would not promote that purpose or object. 4
PART II--APPROVAL AND ENFORCEMENT 5
Substitution 6
4. Except as otherwise provided in this Agreement, this Agreement 7
replaces the former Agreement. 8
Approval 9
5. This Agreement, other than clause 6, is subject to approval by the 10
Parliaments of the Commonwealth, New South Wales, Victoria and South 11
Australia and shall come into effect when so approved. 12
Submission to Parliament 13
6. The Contracting Governments hereby agree-- 14
(a) to submit for the approval of the respective Parliaments of the 15
Commonwealth of Australia and of the States-- 16
(i) this Agreement; 17
(ii) any amendment to this Agreement which may be agreed to 18
by the Ministerial Council from time to time (other than an 19
amendment to or addition of a Schedule to this Agreement); 20
(iii) any legislation necessary to give effect to this Agreement or 21
any Amendment to this Agreement, 22
as soon as practicable after such agreement is reached; and 23
(b) to lay before the House or Houses of the respective Parliaments 24
23
Murray-Darling Basin
SCHEDULE (continued)
of the Commonwealth and of the States, any Schedule to this 1
Agreement approved by the Ministerial Council from time to 2
time under clause 50 or clause 134. 3
Parties to provide for enforcement of Agreement and Acts 4
7. Each of the Contracting Governments so far as its jurisdiction extends 5
and so far as it may be necessary shall provide for or secure the execution 6
and enforcement of the provisions of this Agreement and any Acts 7
approving it. 8
PART III--THE MINISTERIAL COUNCIL 9
Constitution of Ministerial Council 10
8.(1) The Ministerial Council constituted under the former Agreement is 11
continued in existence. 12
(2) The Ministerial Council shall have such status and such powers and 13
duties and enjoy such privileges and immunities as may be conferred upon 14
it by this Agreement and any Acts approving the same. 15
(3) The Ministerial Council shall consist of up to three Ministers from 16
each Contracting Government who have prime responsibility for matters 17
relating to water, land and environment. 18
(4) Whenever a member of the Ministerial Council representing a 19
Contracting Government is-- 20
(a) absent from Australia or from duty, 21
(b) unable for any reason to attend a meeting of the Ministerial 22
Council, or 23
(c) otherwise unable to perform the duties of a member of the 24
Ministerial Council, 25
that Contracting Government may appoint another Minister of State to act in 26
24
Murray-Darling Basin
SCHEDULE (continued)
the place of that member, and while so acting that other Minister of State 1
shall have all the powers and perform all the duties of that member. 2
Functions of the Ministerial Council 3
9. The functions of the Ministerial Council are-- 4
(a) generally to consider and determine major policy issues of 5
common interest to the Contracting Governments concerning 6
effective planning and management for the equitable efficient and 7
sustainable use of the water, land and other environmental 8
resources of the Murray-Darling Basin; 9
(b) to develop, consider and, where appropriate, to authorise 10
measures for the equitable, efficient and sustainable use of such 11
water, land and other environmental resources; 12
(c) to authorise works as provided for in Part VI; 13
(d) to agree upon amendments to this Agreement including 14
amendments to or addition of Schedules to this Agreement as the 15
Ministerial Council considers desirable from time to time; 16
(e) to exercise such other functions as may be conferred on the 17
Council by this Agreement or any amendment or any Act 18
approving the same. 19
Ministerial Council may direct Commission 20
10. The Ministerial Council may give directions to the Commission 21
concerning the performance of the functions of the Commission and the 22
exercise of its powers and the Commission shall comply with those 23
directions. 24
Ministerial Council may require Commission to report 25
11. The Ministerial Council may require a report from the Commission 26
on any of the Commission's operations. 27
25
Murray-Darling Basin
SCHEDULE (continued)
Proceedings of the Ministerial Council 1
12.(1) The Ministerial Council shall meet at least once in each year but 2
otherwise at such times as it sees fit and shall, subject to this Agreement, 3
determine its own procedure. 4
(2) The quorum for a meeting of the Ministerial Council shall be each 5
Minister nominated under clause 15 or, in the absence of that Minister, a 6
Minister from the same Contracting Government authorised for this 7
purpose by that Government. 8
(3) A resolution before the Ministerial Council will be carried only by a 9
unanimous vote of all Ministers present who constitute a quorum. 10
(4) The Chairperson of the Ministerial Council shall be one of the 11
Commonwealth Ministers who is a member of the Council and is at the 12
relevant time the member nominated for this purpose by the Prime 13
Minister. 14
Resolutions other than at meetings 15
13.(1) A decision of the Ministerial Council may be made other than at a 16
meeting of the Ministerial Council if made in accordance with this clause. 17
(2) If-- 18
(a) the text of a proposed resolution is sent or given in writing by 19
facsimile or other transmission by an officer of the Commission 20
authorised by the Ministerial Council to a Minister nominated 21
under clause 15 or if that Minister is unavailable a Minister for the 22
same Contracting Government authorised for the purpose by that 23
Government; and 24
(b) such Minister approves the proposed resolution and notifies that 25
officer in writing sent or given by facsimile or other transmission, 26
the proposed resolution is approved by the Minister. 27
(3) When a Minister from each Contracting Government has approved a 28
resolution in accordance with sub-clause 13(2) the resolution shall be 29
deemed to have become a decision of the Ministerial Council at the date and 30
time the last of those Ministers has approved the resolution. 31
26
Murray-Darling Basin
SCHEDULE (continued)
(4) Any decision of the Ministerial Council made in accordance with this 1
clause, must be recorded by an officer of the Commission authorised by the 2
Ministerial Council and a copy of the decision sent to each member of the 3
Ministerial Council within 21 days after the decision is made. 4
(5) The record made pursuant to sub-clause 13(4) shall be confirmed at 5
the next meeting of the Ministerial Council. 6
Appointment of Committees 7
14.(1) The Ministerial Council-- 8
(a) must appoint a Community Advisory Committee; and 9
(b) may from time to time appoint such temporary or standing 10
committees as it sees fit. 11
(2) A committee shall have such members, terms of reference, powers 12
and functions as the Ministerial Council determines. 13
(3) A member of a committee shall hold office on such terms as the 14
Ministerial Council may determine. 15
(4) A member of a committee shall receive such allowances and 16
expenses as the Ministerial Council may from time to time determine. 17
Nomination of responsible Minister 18
15. The Prime Minister and the Premier of each other Contracting 19
Government shall from time to time each nominate one of the Ministers 20
representing it on the Ministerial Council to be the Minister responsible to 21
the Ministerial Council for the responses of that Minister's government. 22
27
Murray-Darling Basin
SCHEDULE (continued)
PART IV--THE COMMISSION 1
Constitution 2
16.(1) The Murray-Darling Basin Commission constituted under the 3
former Agreement is continued in existence. 4
(2) The Commission shall have such status and such powers and duties 5
and enjoy such privileges and immunities as may be conferred upon it by 6
this Agreement and any Acts approving the same. 7
Functions and Powers of the Commission 8
17.(1) The functions of the Commission are-- 9
(a) to advise the Ministerial Council in relation to the planning, 10
development and management of the water, land and other 11
environmental resources of the Murray-Darling Basin; 12
(b) to assist the Ministerial Council in developing measures for the 13
equitable efficient and sustainable use of water, land and other 14
environmental resources of the Murray-Darling Basin; 15
(c) to co-ordinate the implementation of or, where the Ministerial 16
Council so requires, to implement any measures authorised by 17
the Ministerial Council under paragraph 9(b); 18
(d) to give effect to any policy or decision of the Ministerial Council, 19
which the Ministerial Council requires the Commission to 20
implement; 21
(e) to exercise the powers and discharge the duties conferred on it by 22
this Agreement, or any Act approving the same. 23
(2) Paragraph 17(1)(d) does not operate-- 24
(a) to confer any powers on the Commission in addition to powers 25
conferred by other provisions of this Agreement, or any Act 26
approving the same; 27
(b) to enable the Commission to do anything for which Part V and 28
subsequent Parts provide, otherwise than as provided for by those 29
28
Murray-Darling Basin
SCHEDULE (continued)
Parts as amended from time to time. 1
(3) The advice referred to in paragraph 17(1)(a) shall be determined by 2
majority vote of the Commissioners present who, with the presiding 3
member, constitute a quorum. In the event of a unanimous decision not 4
being reached, the presiding member and each Commissioner may tender 5
separate advice to the Ministerial Council. 6
(4) In addition to any powers conferred upon it by other provisions of 7
this Agreement, or any Act approving the same, the Commission has 8
power, under the name of the Commission-- 9
(a) to contract; 10
(b) to acquire, hold, deal with or dispose of property, 11
for the purpose of performing its functions and exercising its powers. 12
Composition of Commission 13
18. The Commission shall consist of the President and the 14
Commissioners appointed pursuant to clause 20. 15
Declaration of interests 16
19.(1) Each Commissioner, other than the President, and each Deputy 17
Commissioner shall disclose to the President any direct or indirect 18
pecuniary interest held or acquired by that person in a business carried on in 19
Australia or in a body corporate carrying on such a business that could 20
conflict with that person's duties as a Commissioner or Deputy 21
Commissioner. 22
(2) The President shall give written notice to the Chairperson of the 23
Ministerial Council of all direct and indirect pecuniary interests held or 24
acquired by the President in any business carried on in Australia or in any 25
body corporate carrying on any such business. 26
29
Murray-Darling Basin
SCHEDULE (continued)
Appointment of President, Deputy President, Commissioners and 1
Deputy Commissioner 2
20.(1) The Ministerial Council shall, after seeking and considering the 3
advice of the Commission, appoint a President by a unanimous vote of 4
members of the Ministerial Council. 5
(2) Two Commissioners who, between them, represent water, land and 6
environmental resource management and two Deputy Commissioners shall 7
be appointed by each of the Governor-General, the Governor of New South 8
Wales, the Governor of Victoria, the Governor of South Australia, and the 9
Governor of any State becoming a party to this Agreement pursuant to 10
clause 134. 11
(3) The Ministerial Council shall appoint one of the Commissioners 12
appointed pursuant to sub-clause 20(2) to be Deputy President. 13
Terms of Appointment 14
21.(1) The President, each Commissioner and Deputy Commissioner 15
shall be appointed for a term not exceeding five years and be eligible for 16
re-appointment. 17
(2) The Deputy President shall be appointed for a term not exceeding the 18
term for which the Commissioner so appointed has been appointed a 19
Commissioner pursuant to sub-clause 21(1). 20
Continuation in Office 21
22. Where, immediately before the date of this Agreement a person 22
holds office as the President, a Commissioner or Deputy Commissioner 23
under the former Agreement, that person continues on and after that date to 24
hold office for the remainder of that person's term of office. 25
When Deputy President or Deputy Commissioner may act 26
23.(1) Whenever-- 27
(a) the President is-- 28
30
Murray-Darling Basin
SCHEDULE (continued)
(i) absent from Australia or from duty, or 1
(ii) unable for any reason to attend a meeting of the 2
Commission, or 3
(iii) otherwise unable to perform the duties of the President, or 4
(b) there is a vacancy in the office of the President, 5
the Deputy President shall act in the place of the President, and while so 6
acting, shall have all the powers and perform all the duties of the President. 7
(2) Whenever-- 8
(a) a Commissioner for a party is 9
(i) absent from Australia or from duty, 10
(ii) unable for any reason to attend a meeting of the 11
Commission, or 12
(iii) acting in the place of the President as Deputy President, or 13
(iv) otherwise unable to perform the duties of a Commissioner, 14
or 15
(b) there is a vacancy in the office of a Commissioner, 16
a Deputy Commissioner for that party shall act in the place of that 17
Commissioner, and while so acting, shall have all the powers and perform 18
all the duties of that Commissioner. 19
Powers and duties of the President 20
24.(1) The President has such powers and duties as may be specified or 21
conferred upon the President by-- 22
(a) this Agreement, 23
(b) the Ministerial Council, 24
(c) the Commission, 25
or as may be delegated to the President under sub-clause 34(1). 26
(2) Powers or duties specified or conferred upon the President-- 27
31
Murray-Darling Basin
SCHEDULE (continued)
(a) by the Ministerial Council may be revoked by the Ministerial 1
Council. 2
(b) by the Commission may be revoked by a majority vote of the 3
Commissioners. 4
(3) Specifying or conferring a power on the President under this clause 5
does not prevent the exercise of that power by the Ministerial Council or the 6
Commission, as the case may be. 7
(4) When the President exercises a power specified or conferred under 8
this clause it is deemed to have been exercised by the Ministerial Council or 9
the Commission, as the case may be. 10
Powers of Commissioners 11
25. Except as provided in this Agreement or any Schedule, 12
Commissioners have equal powers. 13
Conditions of appointment and remuneration of the President 14
26.(1) The Ministerial Council may, from time to time-- 15
(a) determine the terms of employment or engagement and 16
remuneration of the President; 17
(b) if necessary, provide for the superannuation of the President. 18
(2) The President shall be responsible to the Ministerial Council for the 19
proper execution of the President's powers and duties. 20
(3) Any payments made pursuant to sub-clause 26(1) shall be borne by 21
the Contracting Governments in equal shares. 22
Remuneration of Commissioners and Deputy Commissioners 23
27. Each Commissioner or Deputy Commissioner shall be paid by the 24
Contracting Government by whose Governor-General or Governor (as the 25
case may be) the Commissioner or Deputy Commissioner has been 26
appointed such remuneration, allowances or expenses (if any) as shall be 27
32
Murray-Darling Basin
SCHEDULE (continued)
determined by or under any applicable law, or, in the absence of such law, 1
by that Contracting Government. 2
Removal from office 3
28.(1) The President or Deputy President may at any time be removed 4
from office by the unanimous vote of the Ministerial Council. 5
(2) A Commissioner or Deputy Commissioner for the Commonwealth 6
may at any time be removed from office by the Governor General. 7
(3) A Commissioner or a Deputy Commissioner for a State may at any 8
time be removed from office by the Governor of that State. 9
Resignation 10
29.(1) The President or Deputy President may at any time tender 11
resignation of that appointment in writing addressed to the Chairperson of 12
the Ministerial Council. 13
(2) A Commissioner or a Deputy Commissioner for the Commonwealth 14
may at any time tender resignation of that appointment in writing addressed 15
to the Governor General. 16
(3) A Commissioner or Deputy Commissioner for a State may at any 17
time tender resignation of that appointment in writing addressed to the 18
Governor of that State. 19
(4) Resignation tendered under this clause shall only take effect upon its 20
acceptance by the Chairperson of the Ministerial Council, the 21
Governor-General or the Governor, as the case may be. 22
Vacancies 23
30.(1) Whenever a vacancy occurs in the office of the President or 24
Deputy President, the Ministerial Council shall appoint a person to the 25
vacant office. 26
(2) Wherever a vacancy occurs in the office of a Commissioner or 27
33
Murray-Darling Basin
SCHEDULE (continued)
Deputy Commissioner the Governor-General or the Governor of a State 1
shall appoint a person to the vacant office, as the case requires. 2
Validity of proceedings 3
31. No act, proceeding or determination of the Commission shall be 4
invalid on the ground only of any defect in the appointment of the President, 5
the Deputy President, any Commissioner or Deputy Commissioner. 6
Meetings of the Commission 7
32.(1) The President and the Commissioners may meet together for the 8
transaction of the Commission's business and may adjourn any meeting. 9
(2) The President or any Commissioner may at any time call a meeting 10
of the Commissioners. 11
(3) The President shall preside at all meetings of the Commission at 12
which the President is present. 13
(4) The Deputy President shall preside at any meeting of the 14
Commission at which the President is not present. 15
(5) The presiding member shall not have a deliberative vote but shall 16
have a casting vote as provided in sub-clauses 34(2) and 96(2). 17
(6) The two Commissioners for a Contracting Government shall have a 18
joint vote, exercisable in the absence of one by the other. 19
(7) The presiding member and one Commissioner for each Contracting 20
Government shall be a quorum. 21
(8) Except as provided on sub-clauses 17(3), 34(2) and 96(2) a 22
resolution before the Commission will be carried only by a unanimous vote 23
of all Commissioners present who, with the presiding member, constitute a 24
quorum. 25
(9) The Commission must, subject to this Agreement, determine its own 26
procedure. 27
(10) The Commission must keep proper minutes of its proceedings. 28
34
Murray-Darling Basin
SCHEDULE (continued)
Resolutions other than at meetings 1
33.(1) The Commission may make a resolution other than at a duly 2
convened meeting. 3
(2) Before a resolution is made pursuant to sub-clause 33(1)-- 4
(a) the text of the proposed resolution must be referred to one or 5
more Commissioners nominated by each Contracting 6
Government; and 7
(b) that Commissioner or those Commissioners must approve the 8
text of the proposed resolution. 9
(3) A resolution under this clause shall be made at the time when each 10
Commissioner referred to in sub-clause 33(2) has signified approval of the 11
resolution to an officer authorised by the Commission. 12
(4) A Commissioner may signify approval of a resolution by any means, 13
provided that-- 14
(a) approval by telephone must be signified in person by the 15
Commissioner; 16
(b) approval in writing must be by letter or facsimile transmission 17
which has been dated and signed by the Commissioner. 18
(5) Notwithstanding the provisions of sub-clause 33(2)(b) approval to a 19
proposed resolution by the Deputy Commissioner acting under clause 23 20
shall be valid for all purposes. 21
(6) A resolution made under this clause must be duly recorded and a 22
copy sent to each Commissioner within 21 days of the resolution being 23
made. 24
Delegation 25
34.(1) The Commission may either generally or in relation to a matter or 26
class of matters by resolution of the Commission delegate to the President, 27
any Commissioner or any officer any of its powers under this Agreement, 28
except this power of delegation. 29
(2) A delegation under sub-clause 34(1) may be revoked by a majority 30
35
Murray-Darling Basin
SCHEDULE (continued)
vote of the Commissioners or, if the voting is equally divided, by the 1
casting vote of the presiding member. 2
(3) A delegation of any power pursuant to this clause shall not prevent 3
the exercise of that power by the Commission. 4
(4) A power so delegated, when exercised by the delegate, shall, for the 5
purposes of this Agreement, be deemed to have been exercised by the 6
Commission. 7
Appointment of Committees 8
35.(1) The Commission may, from time to time, appoint such temporary 9
or standing committees as it shall see fit. 10
(2) A committee shall have such members, terms of reference, powers 11
and functions as the Commission determines. 12
Employees of the Commission 13
36. The Commission may, from time to time, as it sees fit-- 14
(a) employ and dismiss people; 15
(b) engage employment agencies to provide staffing services; 16
(c) engage consultants; 17
(d) determine the terms and manner of employment of people or 18
engagement of consultants and their remuneration; 19
(e) provide for the superannuation of people employed by it. 20
Employment of officers in public service or in statutory authorities 21
37.(1) The Commission may, with the consent of the Minister 22
controlling any Department of the Public Service of any Contracting 23
Government and on such terms as may be mutually arranged, make use of 24
the services of any of the officers of that Department. 25
(2) The Commission may, with the approval of a public authority and on 26
36
Murray-Darling Basin
SCHEDULE (continued)
such terms as may be mutually arranged, make use of the services of any 1
officer of that public authority. 2
Liability for acts of the President, the Commissioners and officers 3
38.(1) The Contracting Governments shall jointly indemnify the 4
President or the Deputy President, in respect of any act or omission of the 5
President or Deputy President, and for any losses or costs incurred by either 6
of them, in the bona fide execution of the powers vested in the President, 7
the Deputy President or the Commission by or under this Agreement or 8
any Act approving the same. 9
(2) Each Contracting Government must indemnify the Commissioners 10
and Deputy Commissioners appointed by the Governor-General or the 11
Governor of its State, as the case may be, in respect of any act or omission 12
of any of those Commissioners or those Deputy Commissioners, and for 13
any losses or costs incurred by any of them, in the bona fide execution of 14
the powers vested in the Commission by or under this Agreement or any 15
Act approving the same. 16
(3) The Contracting Governments must jointly indemnify each officer in 17
respect of any act or omission of, and for any losses incurred by that officer 18
in the bona fide execution of that person's duties as an officer of the 19
Commission. 20
(4) Any payments made pursuant to sub-clause 38(1) or 38(3) must be 21
borne by the Contracting Governments in equal shares. 22
PART V--INVESTIGATION, MEASUREMENT AND 23
MONITORING 24
Investigations and studies 25
39.(1) The Commission may co-ordinate, carry out or cause to be carried 26
out surveys, investigations and studies regarding the desirability and 27
practicability of works or measures for the equitable, efficient and 28
37
Murray-Darling Basin
SCHEDULE (continued)
sustainable use of water, land and other environmental resources of the 1
Murray-Darling Basin, including but not limited to works or measures 2
for-- 3
(a) the conservation and regulation of river water; 4
(b) the protection and improvement of the quality of river water; 5
(c) the conservation, protection and management of aquatic and 6
riverine environments; 7
(d) the control and management of groundwater which may affect the 8
quality or quantity of river water. 9
(2) The Commission may, without further approval of any Contracting 10
Government, carry out, or cause to be carried out surveys, investigations or 11
studies pursuant to sub-clause 39(1) on or adjacent to-- 12
(a) the upper River Murray; 13
(b) the River Murray in South Australia. 14
(3) Except as provided in sub-clause 39(2), the Commission must not 15
carry out or cause to be carried out surveys, investigations or studies within 16
the territory of any State without-- 17
(a) informing the Ministerial Council of the proposed surveys, 18
investigations and studies; and 19
(b) obtaining the consent of that State Contracting Government. 20
(4) The Commission may initiate proposals for works or measures 21
resulting from surveys, investigations or studies carried out under this 22
clause. 23
(5) If the implementation of any proposal is likely significantly to affect 24
water, land or other environmental resources under the control, supervision 25
or protection of a Contracting Government or a public authority responsible 26
to that Contracting Government, the Commission must-- 27
(a) inform the Ministerial Council of the likelihood; and 28
(b) consider any submissions made by that or any other Contracting 29
Government, or public authority; and 30
38
Murray-Darling Basin
SCHEDULE (continued)
(c) report to the Ministerial Council on any such submissions and the 1
result of the Commission's consideration thereof. 2
Monitoring 3
40. The Commission-- 4
(a) must, from time to time, advise the Ministerial Council on the 5
adequacy and effectiveness of the arrangements for monitoring; 6
and 7
(b) subject to Clause 42, may establish, maintain and operate 8
effective means for monitoring 9
the quality, extent, diversity and representativeness of water, land and other 10
environmental resources of the Murray-Darling Basin, including but not 11
limited to-- 12
(i) aquatic and riverine environments; 13
(ii) the effect of groundwater on water, land and other 14
environmental resources. 15
Measurements of water quantity and quality 16
41. The Commission must establish, maintain and operate an effective 17
and uniform system-- 18
(a) for making and recording continuous measurements of-- 19
(i) the flow of the River Murray, and tributaries of the River 20
Murray within the boundaries of each State, and 21
(ii) the volume of stored water, 22
at such locations as the Commission deems necessary to determine the 23
volume of the intake from the several portions of the drainage area of the 24
River Murray, the flow at selected locations along the River Murray and the 25
losses from selected reaches of the River Murray, with their positions and 26
modes of occurrence; 27
(b) for making and recording continuous measurements of all 28
diversions, whether natural or artificial, or partly natural and 29
39
Murray-Darling Basin
SCHEDULE (continued)
partly artificial, from the River Murray and its tributaries; and 1
(c) for measuring and monitoring the quality of-- 2
(i) River Murray water, 3
(ii) water in tributaries of the River Murray at such locations at 4
or near the confluence of each of those tributaries with the 5
River Murray as the Commission, after consultation with the 6
appropriate authorities of each of the Contracting 7
Governments, deems necessary, 8
(iii) stored water. 9
Need for approval in certain cases 10
42.(1) The Commission may, without further approval of any 11
Contracting Government, establish, maintain and operate any system or 12
means referred to in clauses 40 and 41 on or adjacent to-- 13
(a) the upper River Murray; 14
(b) the River Murray in South Australia. 15
(2) Except as provided in sub-clause 42(1), the Commission must not 16
establish, maintain or operate any system or means referred to in clauses 40 17
and 41 within the territory of any State without-- 18
(a) informing the Ministerial Council of the proposed system or 19
means; and 20
(b) obtaining the consent of that State Contracting Government. 21
Power to arrange data in lieu 22
43. Instead of establishing, maintaining or operating systems and means 23
referred to in clauses 40 and 41, the Commission may-- 24
(a) adopt the results of any measurements or monitoring made by 25
any Contracting Government, or 26
(b) request a State Contracting Government to carry out any 27
40
Murray-Darling Basin
SCHEDULE (continued)
monitoring or measurement within its territory in such manner as 1
the Commission considers necessary. 2
Water quality objectives 3
44. The Commission must formulate water quality objectives for the 4
River Murray and make recommendations with respect thereto to the 5
Ministerial Council. 6
Recommendations re water quantity and quality 7
45. The Commission may make recommendations to the Contracting 8
Governments, any authority, agency or tribunal of a Contracting 9
Government, or the Ministerial Council, concerning any matter, including 10
the carrying out of any works or measures by a Contracting Government, 11
which, in the opinion of the Commission, may in any way affect the quality 12
or quantity of the waters of the River Murray or the stored water and shall 13
inform the Ministerial Council of the recommendations at the time they are 14
made. 15
Commission to be informed of new proposals 16
46.(1) Whenever a Contracting Government or a public authority is 17
considering any proposal which may significantly affect the flow, use, 18
control or quality of any water in the upper River Murray and in the River 19
Murray in South Australia, that Contracting Government must, or must 20
ensure that the public authority shall-- 21
(a) inform the Commission of the proposal, and 22
(b) provide the Commission with all necessary information and data 23
to permit it to assess the anticipated effect of the proposal on the 24
flow, use, control or quality of the water. 25
(2) The necessary information and data must be provided in sufficient 26
time to allow the Commission-- 27
(a) to assess the possible effect of the proposal on the flow, use, 28
control or quality of that water; and 29
41
Murray-Darling Basin
SCHEDULE (continued)
(b) to make representations thereon to that Contracting Government 1
or public authority, 2
before the Contracting Government or public authority decides if the 3
proposal will proceed. 4
(3) The Commission shall consult with each Contracting Government, 5
and with any public authority responsible to a Contracting Government 6
which that Contracting Government or the Commission considers is likely 7
to consider a proposal of the type referred to in sub-clause 46(1), with a 8
view to reaching agreement with that Contracting Government, or that 9
public authority, as to-- 10
(a) the types of proposals to which sub-clause 46(1) shall apply; and 11
(b) the criteria to be used in assessing those proposals to which 12
sub-clause 46(1) applies. 13
Environmental Assessment 14
47. The Commission must, in exercising its powers or functions, or in 15
implementing works or measures under this Agreement, examine and take 16
into account any possible effects which the exercise of those powers or 17
functions or those works or measures may have on water, land and other 18
environmental resources within the Murray-Darling Basin. 19
Protection of catchment of Hume Reservoir 20
48.(1) The State Contracting Governments of New South Wales and 21
Victoria must take effective measures to protect the portions of the 22
catchment of the Hume Reservoir within their respective States from 23
erosion. 24
(2) Each of those Contracting Governments must, before the end of June 25
in each year, forward a report to the Commission on 26
(a) the condition of the portion of the catchment of the Hume 27
Reservoir within its territory, 28
(b) the measures taken and work carried out during the twelve 29
months to the end of March immediately preceding, and 30
42
Murray-Darling Basin
SCHEDULE (continued)
(c) particulars of the measures and works proposed for the next 1
twelve months. 2
(3) The Commission must, from time to time, inspect or cause to be 3
inspected such portions of the catchment of the Hume Reservoir as it thinks 4
fit and may indicate at any time whether in its opinion the measures taken 5
and works carried out are effective. If, on any inspection, the Commission 6
considers that any of those measures or works are ineffective, it must notify 7
the Contracting Government concerned which must, to the extent that it 8
may be practicable, take action to make those measures and works effective. 9
(4) Measures, works and action taken or carried out by a Contracting 10
Government pursuant to sub-clause 48(1) or 48(3) shall be paid for by that 11
Contracting Government. 12
(5) If at any time the Commission considers that there is need for special 13
action to protect the catchment of the Hume Reservoir from erosion, other 14
than, or in addition to, the measures, works and action taken or carried out 15
under sub-clauses 48(1) and 48(3), the Commission may require the 16
Contracting Government, in whose territory the special action is to be 17
carried out, to investigate the position and to take such special action as may 18
be required by the Commission. 19
PART VI--CONSTRUCTION, OPERATION AND 20
MAINTENANCE OF WORKS 21
Works and measures subject to the Agreement 22
49. Works or measures from time to time included in a Schedule to this 23
Agreement or authorised pursuant to clause 50 must be constructed, 24
operated, maintained or implemented (as the case may require) in 25
accordance with the provisions of this Agreement and any Acts approving 26
the same. 27
43
Murray-Darling Basin
SCHEDULE (continued)
Authorisation of further works or measures 1
50.(1) The Ministerial Council, or the Commission may authorise-- 2
(a) the construction of any works in addition to works set out in 3
Schedule A, 4
(b) the improvement of any works constructed under this 5
Agreement, 6
(c) the replacement of any works constructed under this Agreement, 7
(d) work to remedy the extraordinary failure of part or all of any 8
work constructed under this Agreement, 9
(e) the implementation of any measures, 10
to promote the equitable efficient and sustainable use of the water, land and 11
environmental resources of the Murray-Darling Basin, as provided in this 12
clause. 13
(2) The Commission may authorise the execution of any work or the 14
implementation of any measure pursuant to this clause which is estimated 15
to cost not more than $2,000,000. 16
(3) The Ministerial Council may authorise the execution of any work or 17
the implementation of any measure pursuant to this clause which is 18
estimated to cost more than $2,000,000. 19
(4) All provisions of this Agreement apply mutatis mutandis to any 20
work or measure approved under this clause. 21
(5) When any work or measure is authorised pursuant to 22
sub-clauses 50(2) or 50(3), the Commission or the Ministerial Council, as 23
the case may be, must nominate which of the Contracting Governments 24
shall be responsible for-- 25
(a) the construction, operation and maintenance of such work, or 26
(b) the implementation of such measure, 27
in whole or in part. 28
(6) The Ministerial Council may: 29
(a) resolve to include any works or measures authorised pursuant to 30
44
Murray-Darling Basin
SCHEDULE (continued)
sub-clause 50(1) in a Schedule to the Agreement; 1
(b) may approve any Schedule prepared or amended pursuant to 2
paragraph 50(6)(a). 3
(7) When a Schedule is approved by the Ministerial Council under 4
paragraph 50(6)(b) it thereupon becomes part of the Agreement, which is 5
deemed to have been amended accordingly. 6
(8) Paragraph 6(b) applies to any amendment of the Agreement made 7
pursuant to sub-clause 50(7). 8
Ancillary, preventative and remedial works 9
51.(1) On the application of a Commissioner, the Commission may 10
meet, or contribute to the costs of, or associated with-- 11
(a) the construction, operation or maintenance of-- 12
(i) any works of a Contracting Government ancillary to the 13
works constructed pursuant to this Agreement or the former 14
Agreement, and 15
(ii) any preventative or remedial works of a Contracting 16
Government necessitated by, or arising from, the 17
construction or operation of works constructed pursuant to 18
this Agreement or the former Agreement, 19
(b) the acquisition by a Contracting Government of any interest in 20
land necessary for the construction, operation or maintenance of 21
those ancillary, preventative or remedial works, or for the 22
provision of flood easements, and 23
(c) remedying any actual or anticipated damage or injury occasioned 24
by the construction, operation or maintenance of any works 25
provided for in this Agreement or the former Agreement. 26
(2) Before meeting, or contributing to the costs of, or associated with the 27
construction of any works or the acquisition of any interest in land 28
estimated to cost more than $1,000,000 pursuant to sub-clause 51(1), the 29
Commission must obtain the consent of the Ministerial Council. 30
45
Murray-Darling Basin
SCHEDULE (continued)
Preparation and submission of designs, etc. of works for Commission 1
approval 2
52.(1) A Contracting Government nominated to construct a work 3
pursuant to this Agreement must submit a general scheme of the work to 4
the Commission for its approval. 5
(2) Before beginning to construct that work, the Contracting Government 6
must submit designs, specifications and estimates of the work to the 7
Commission for its approval. 8
(3) The Commission may approve the general scheme, designs, 9
specifications or estimates with or without alterations or additions, or may, 10
from time to time, refer any of them for amendment to the Contracting 11
Government submitting them. 12
(4) The Contracting Government must carry out an authorised work in 13
accordance with-- 14
(a) the designs and specifications approved by the Commission, and 15
(b) any directions given by the Commission pursuant to clause 55. 16
(5) Where any work is estimated to cost more than $2,000,000-- 17
(a) the Commission must inform the Ministerial Council of the 18
general scheme of the work and the general method of its 19
proposed construction, and 20
(b) the work shall not proceed unless the general scheme of the work 21
and the general method of its proposed construction accord with 22
the purposes for which the work was authorised. 23
Submission of details of measures for Commission approval 24
53.(1) A Contracting Government nominated to implement any measure 25
pursuant to this Agreement must submit-- 26
(a) a general description of the measure and of the method of 27
implementing it; 28
(b) the estimated cost of implementing the measure; 29
(c) proposed arrangements for sharing the costs of implementing the 30
46
Murray-Darling Basin
SCHEDULE (continued)
measure among the Contracting Governments 1
to the Commission for its approval. 2
(2) The Contracting Government must implement an authorised measure 3
in accordance with-- 4
(a) those matters approved by the Commission under 5
sub-clause 53(1); 6
(b) any directions given by the Commission pursuant to clause 55. 7
Commission and Ministerial Council approval of certain tenders 8
54.(1) A Constructing Authority must obtain approval of the Ministerial 9
Council before accepting any tender relating to this Agreement for any 10
amount exceeding $2,000,000. 11
(2) If the concept or design of any work or measure or any changes 12
thereto cause the total estimated cost of the work or measure to rise by more 13
than 10% of the amount of the accepted tender, the Commission must-- 14
(a) immediately notify the Ministerial Council and 15
(b) if the Ministerial Council does not agree that the work or measure 16
should proceed within one month of being notified of the 17
increased estimated cost, direct the Constructing Authority to 18
suspend further action on that work or measure. 19
Directions for the efficient construction etc. of works 20
55.(1) The Commission may give directions to ensure-- 21
(a) the efficient construction, operation, maintenance and required 22
performance of any work, 23
(b) the efficient implementation of any measures 24
authorised pursuant to this or the former Agreement. 25
(2) A Constructing Authority must give effect to any directions given to 26
it by the Commission under sub-clause 55(1). 27
(3) The Commission may direct-- 28
47
Murray-Darling Basin
SCHEDULE (continued)
(a) if necessary, what shall be regarded as construction or 1
maintenance for the purpose of clause 65, 2
(b) the doing of such acts or things as it considers necessary to 3
ensure that the provisions of this Part are observed. 4
(4) In exercising its power under paragraph 55(3)(a), the Commission 5
must not direct that any of the following description of work shall be 6
regarded as maintenance-- 7
(a) the execution of any improvement to the design or function of 8
any existing work; 9
(b) the replacement of the whole of any existing work; 10
(c) work to remedy the extraordinary failure of part or all of any 11
existing work. 12
States to facilitate construction and operation within their territories 13
56. A State Contracting Government must grant all powers, licences or 14
permissions with respect to its territory as may be necessary for-- 15
(a) the construction, operation or maintenance of any works; 16
(b) the implementation of any measures; or 17
(c) the carrying out of any operation 18
required to be undertaken by any other Contracting Government or a public 19
authority pursuant to this Agreement. 20
Works for benefit of State Contracting Governments 21
57.(1) Any State Contracting Government which, either alone or jointly 22
with another Contracting Government, proposes to carry out any work not 23
provided for by this Agreement within the banks of the River Murray in 24
South Australia or the upper River Murray, must submit particulars of the 25
proposal, including plans of the proposed work, to the Commission. 26
(2) Sub-clause 57(1) does not apply to the Great Darling Anabranch. 27
(3) The Commission may approve the plans of the proposed work with 28
48
Murray-Darling Basin
SCHEDULE (continued)
or without alteration. 1
(4) The Commission may from time to time stipulate conditions for the 2
operation of any work constructed under this clause which-- 3
(a) provides for the storage of water; or 4
(b) will affect the flow, use, control or quality of the water of the 5
River Murray, 6
in so far as that operation may affect regulation of the flow or the quality of 7
the water. 8
(5) The cost of constructing, operating and maintaining works proposed 9
pursuant to this clause must be borne by-- 10
(a) the State Contracting Government proposing the work; or 11
(b) the Contracting Governments jointly proposing the work in such 12
proportion as may be agreed between those Contracting 13
Governments. 14
(6) A State Contracting Government must operate any work carried out 15
pursuant to this clause in such manner as the Commission may require 16
from time to time. 17
Declaration that works or measures are effective 18
58. At any time after construction of any work or implementation of any 19
measure authorised pursuant to sub-clause 50(1) has commenced, the 20
Commission may declare that work or measure to be effective for the 21
purposes of this Agreement. 22
Maintenance of works 23
59. A Contracting Government nominated to construct a work pursuant 24
to this or the former Agreement must maintain it and keep it effective for its 25
original purpose, unless it has been declared ineffective pursuant to 26
clause 64. 27
49
Murray-Darling Basin
SCHEDULE (continued)
Procedures for operation of works 1
60. The Commission may, from time to time, determine procedures for 2
the operation of works constructed or measures implemented pursuant to 3
this or the former Agreement. 4
Dredging and snagging 5
61.(1) The Commission may from time to time direct that the River 6
Murray upstream of any weir constructed pursuant to this or the former 7
Agreement be dredged or snagged for such distance as the Commission 8
may determine. 9
(2) The distance determined pursuant to sub-clause 61(1) must not 10
exceed the distance to which the navigability of the River Murray is affected 11
by the weir. 12
(3) The Contracting Government which constructed the weir must, carry 13
out the Commission's direction and meet the cost involved, unless the 14
Commission resolves to meet the whole or part of the cost. 15
Operation of works 16
62.(1) The Contracting Government which constructed a work under this 17
or the former Agreement must-- 18
(a) operate it in accordance with any procedures determined by the 19
Commission under clause 60; 20
(b) if the work is a lock, maintain immediately downstream of the 21
lock such depth of water-- 22
(i) as is sufficient for navigation of vessels drawing 1.4 metres 23
of water; or 24
(ii) such other depth determined by the Commission under 25
clause 123, 26
except when the lock is closed for maintenance or when there is an 27
emergency. 28
50
Murray-Darling Basin
SCHEDULE (continued)
(2) Paragraph 62(1)(b) does not apply to Weir and Lock No.26 1
Torrumbarry nor to Weir and Lock No.15 Euston. 2
Performance of joint duties 3
63. Where Contracting Governments are jointly under a duty to operate 4
or maintain any works or implement any measures or to carry out any 5
operation, any questions as to which Government is to perform that duty or 6
carry out that operation shall be resolved-- 7
(a) by mutual agreement, or 8
(b) if agreement is not possible, by the Commission. 9
Ineffective works 10
64.(1) The Commission may at any time declare ineffective the whole or 11
part of any work or measure which is subject to this or the former 12
Agreement. 13
(2) The State Contracting Government which operates or maintains any 14
work declared to be ineffective must dismantle so much of that work as the 15
Commission may require. 16
PART VII--FINANCE 17
Apportionment of costs 18
65.(1) The Ministerial Council, after considering any recommendation by 19
the Commission, must determine what contribution, if any, is to be made 20
by any State becoming a party pursuant to clause 134 to the costs referred to 21
in sub-clauses 65(2) and 65(3). 22
(2) Unless the Ministerial Council decides otherwise, the Contracting 23
Governments, other than the Government of any State becoming a party 24
pursuant to clause 134, must share equally the cost of-- 25
51
Murray-Darling Basin
SCHEDULE (continued)
(a) executing works set out in Schedule A, 1
(b) studies, programmes, surveys and investigations carried out 2
pursuant to clause 39, 3
(c) establishing systems referred to in clause 41, 4
(d) systems established pursuant to a request made under paragraph 5
43(b), 6
(e) special action taken under sub-clause 48(5) which the Ministerial 7
Council has determined pursuant to sub-clause 65(4) is to be 8
borne by Contracting Governments in equal shares, 9
(f) constructing works and implementing measures authorised under 10
sub-clause 50(1), 11
(g) any payment made by the Commission in respect of the 12
construction of works under sub-clause 51(1), 13
(h) complying with a direction given under sub-clause 54(2), 14
(i) dismantling works referred to in sub-clause 64(2), 15
(j) any payment made by the Commission under paragraph 131(a), 16
and 17
(k) administrative and other expenses of the Commission, the 18
Ministerial Council and the Community Advisory Committee 19
constituted under sub-clause 14(1), 20
less any contributions to those costs determined by the Ministerial Council 21
under sub-clause 65(1). 22
(3) Unless the Ministerial Council decides otherwise, the State 23
Contracting Governments, other than the Government of any State 24
becoming a party pursuant to clause 134, must share equally the cost of-- 25
(a) operating and maintaining works set out in Schedule A, 26
(b) operating and maintaining systems referred to in clause 41, 27
(c) operating and maintaining systems established pursuant to a 28
request made under paragraph 43(b), 29
(d) operating and maintaining works authorised under 30
52
Murray-Darling Basin
SCHEDULE (continued)
sub-clause 50(1), 1
(e) special action taken under sub-clause 48(5) which the Ministerial 2
Council has determined pursuant to sub-clause 65(4) is to be 3
borne by each State Contracting Government in equal shares, 4
(f) any payment made by the Commission in respect of the operation 5
or maintenance of works under sub-clause 51(1), 6
(g) such dredging or snagging carried out under clause 61 which the 7
Commission has resolved to meet, and 8
(h) any payment made by the Commission under paragraph 131(b), 9
less any contributions to those costs determined by the Ministerial Council 10
under sub-clause 65(1). 11
(4) The Ministerial Council, after considering any recommendation by 12
the Commission, must determine whether the cost of any special action 13
taken under sub-clause 48(5) is to be borne in equal shares by-- 14
(a) each Contracting Government, or 15
(b) each State Contracting Government, 16
other than the Government of any State becoming a party pursuant to 17
clause 134. 18
Financial year 19
66. The financial year of the Commission is from 1 July to 30 June. 20
Annual and forward estimates 21
67.(1) The Commission must prepare-- 22
(a) detailed annual estimates of its known and anticipated expenditure 23
for the next financial year, 24
(b) forward estimates of its known and anticipated expenditure for 25
the two successive financial years following the next financial 26
year. 27
(2) Annual and forward estimates must-- 28
53
Murray-Darling Basin
SCHEDULE (continued)
(a) be in such form as may from time to time be agreed between the 1
Commission and the Ministerial Council, 2
(b) show the estimated amount to be contributed by each Contracting 3
Government, 4
(c) be sent to each Contracting Government before the end of March 5
in each year, 6
(d) be approved by the Ministerial Council. 7
Supplementary estimates 8
68.(1) The Commission must prepare supplementary estimates of any 9
expenditure projected by the Commission which-- 10
(a) will exceed the amount set out in the annual estimates, and 11
(b) cannot be provided for under sub-clause 72(2). 12
(2) Supplementary estimates must-- 13
(a) be in such form as may from time to time be agreed between the 14
Commission and the Ministerial Council, 15
(b) show the estimated amount to be contributed by each Contracting 16
Government, 17
(c) be sent to each Contracting Government, 18
(d) be approved by the Ministerial Council. 19
Payments by Contracting Governments 20
69.(1) Each Contracting Government must pay its share of the annual 21
and supplementary estimates, as and when required by the Commission. 22
(2) The Commission must not require payment of moneys relating to the 23
construction of any works or implementation of any measures referred to in 24
sub-clause 50(1) until construction or implementation has been authorised 25
in accordance with that sub-clause. 26
54
Murray-Darling Basin
SCHEDULE (continued)
Proper accounts to be kept 1
70. The Commission must ensure that-- 2
(a) proper accounts and records are kept of its transactions and 3
affairs, 4
(b) all payments from its moneys are properly authorised and made, 5
(c) assets of, or in the custody of, the Commission are adequately 6
controlled, 7
(d) the incurring of liabilities by the Commission is adequately 8
controlled. 9
Commission to account 10
71. The Commission must account to the Ministerial Council and each 11
Contracting Government for all moneys received from the Contracting 12
Governments under this Agreement. 13
Application of moneys by Commission 14
72.(1) Except as provided in this clause and clause 75, the Commission 15
must apply money received under clause 69 in accordance with the annual 16
or supplementary estimates, as the case may be. 17
(2) In any financial year, the Commission may, as it sees fit-- 18
(a) spend any anticipated savings on an item in the annual or 19
supplementary estimates on any item which it anticipates will be 20
overspent; 21
(b) advance sums to any Constructing Authority, public authority or 22
person for expenditure in accordance with the annual or 23
supplementary estimates in that, or any subsequent financial year; 24
(c) advance working capital to a Constructing Authority and 25
replenish amounts expended from that advance from time to 26
time. 27
(3) Anticipated savings on any item to which all Contracting 28
Governments contributed must only be expended on another item to which 29
55
Murray-Darling Basin
SCHEDULE (continued)
all Contracting Governments would be obliged to contribute under 1
sub-clause 65(2). 2
(4) Anticipated savings on any item to which only the State Contracting 3
Governments contributed must only be expended on another item to which 4
only the State Contracting Governments would be obliged to contribute 5
under sub-clause 65(3). 6
Payments by Commission to Constructing Authorities 7
73.(1) The Commission must each year, and in accordance with the 8
annual and supplementary estimates, pay to any Constructing Authority 9
required by the Agreement-- 10
(a) to construct, operate or maintain any works, 11
(b) to carry on any operation, 12
(c) to implement any measures, 13
an amount sufficient to defray either 14
(i) the whole cost, or 15
(ii) in the case of the cost referred to in paragraph 131(b), three 16
quarters of the cost, 17
to be incurred by the Constructing Authority for those purposes in that year. 18
(2) The Commission must make the payments required under 19
sub-clause 73(1) at such times and in such manner as is agreed between the 20
Commission and the Constructing Authority. 21
(3) The Commission must not make any payment relating to the 22
construction of any works or implementation of any measures referred to in 23
sub-clause 50(1) until construction or implementation has been authorised 24
in accordance with that sub-clause. 25
Contracting Governments to account 26
74. Each Contracting Government and any public authority must account 27
to the Commission for all moneys received from the Commission under 28
this Agreement. 29
56
Murray-Darling Basin
SCHEDULE (continued)
Unexpended balances 1
75.(1) The unexpended balance of moneys paid to the Commission by 2
Contracting Governments pursuant to sub-clause 69(1) in any financial 3
year-- 4
(a) shall, with the approval of the Ministerial Council, be available for 5
expenditure during the ensuing financial year upon any item in the 6
annual or supplementary estimates for 7
(i) the year in which the moneys have not been expended; 8
(ii) that ensuing financial year; 9
(b) may be used to reduce the amounts which would otherwise be 10
payable by each Contracting Government under sub-clause 69(1) 11
in that ensuing financial year. 12
(2) The Commission must notify Contracting Governments of any 13
unexpended balances held by it at the end of any financial year. 14
(3) The unexpended balance of moneys contributed by a Contracting 15
Government must only be expended on items to which that Contracting 16
Government is obliged to contribute under clause 65. 17
List of assets 18
76.(1) Except as provided in sub-clause 76(2) the Commission must 19
keep a list of assets acquired by-- 20
(a) the Commission, 21
(b) a Constructing Authority with funds provided by the 22
Commission. 23
(2) The Commission need not keep a list of assets referred to in 24
paragraph 76(1)(b) if it is satisfied that-- 25
(a) proper records of those assets are kept by the Constructing 26
Authority, and 27
(b) copies of those records will be provided to the Commission at its 28
request. 29
57
Murray-Darling Basin
SCHEDULE (continued)
Disposal of surplus assets 1
77.(1) The Commission may direct when and how surplus assets 2
acquired by the Commission, or by a Constructing Authority with funds 3
provided by the Commission, shall be disposed of. 4
(2) The Commission must determine how proceeds from the disposal of 5
surplus assets are to be distributed among the Contracting Governments, 6
having regard to the contributions made by each Contracting Government to 7
the acquisition of those assets. 8
Audit 9
78.(1) The Commission's accounts, financial records and records of 10
assets-- 11
(a) must, subject to sub-clause 78(2), be audited annually by the 12
Commonwealth auditor; 13
(b) may be audited at any reasonable time by a State auditor. 14
(2) The Commonwealth auditor may choose to dispense with all or any 15
of the audit required by paragraph 78(1)(a). 16
(3) The Commonwealth auditor must promptly inform each Contracting 17
Government of any significant irregularity revealed by an audit under 18
paragraph 78(1)(a). 19
(4) The Commission must, at all reasonable times, make all its relevant 20
accounts and records available to an auditor or any person acting on behalf 21
of the auditor acting under sub-clause 78(1). 22
(5) An auditor acting under sub-clause 78(1) or any person acting on 23
behalf of the auditor, may copy, or take extracts from, any relevant accounts 24
or records of the Commission. 25
(6) The Commission and its officers must provide an auditor acting 26
under sub-clause 78(1) or any person acting on behalf of the auditor, with 27
such information to which the Commission or its officers have access, as 28
the auditor considers necessary for that audit. 29
(7) An auditor acting under sub-clause 78(1) must report to each 30
58
Murray-Darling Basin
SCHEDULE (continued)
Contracting Government, to the Ministerial Council and to the 1
Commission. 2
Bank accounts 3
79.(1) The Commission may open and operate such bank accounts with 4
such banks as it sees fit. 5
(2) The Commission must pay all money received by it into an account 6
referred to in sub-clause 79(1). 7
Investment 8
80.(1) The Commission may invest money not immediately required for 9
the purposes of the Agreement on fixed deposit with such banks as it sees 10
fit. 11
(2) Interest received under sub-clause 80(1) may be-- 12
(a) spent by the Commission on items included in the annual or 13
supplementary estimates for the year in which it is received; or 14
(b) applied in accordance with clause 75. 15
(3) Interest received on money contributed by all Contracting 16
Governments, or by a State Contracting Government under clause 81, may 17
be-- 18
(a) expended on items in the annual or supplementary estimates for 19
the year in which it is received, to which all Contracting 20
Governments are obliged to contribute under sub-clause 65(2); or 21
(b) applied in accordance with clause 75. 22
(4) Interest received on money contributed only by State Contracting 23
Governments, or by one of them under clause 82, may be-- 24
(a) expended on items in the annual or supplementary estimates for 25
the year in which it is received, to which only the State 26
Contracting Governments are obliged to contribute under 27
sub-clause 65(3); or 28
(b) applied in accordance with clause 75. 29
59
Murray-Darling Basin
SCHEDULE (continued)
Revenue 1
81.(1) Any money received by a Contracting Government or a public 2
authority from the use of works subject to this Agreement (other than tolls 3
referred to in clause 82) must be paid to the Commission. 4
(2) The Commission may provide and charge for goods and services 5
incidental to its functions which are not otherwise provided for in this 6
Agreement. 7
(3) Money paid to the Commission under this clause may be-- 8
(a) expended on items in the annual or supplementary estimates for 9
the year in which it is received, to which all Contracting 10
Governments are obliged to contribute under sub-clause 65(2); or 11
(b) applied in accordance with clause 75. 12
Tolls 13
82.(1) Tolls prescribed by the Commission for the use of weirs and 14
locks subject to this Agreement must be collected by the State Contracting 15
Government which operates the weir and lock. 16
(2) Except as provided in sub-clause 82(1), tolls must not be collected in 17
respect of navigation on the River Murray. 18
(3) Any moneys collected under sub-clause 82(1) must be paid to the 19
Commission. 20
(4) Money paid to the Commission under sub-clause 82(3) may be-- 21
(a) expended on items in the annual or supplementary estimates for 22
the year in which it is received, to which all State Contracting 23
Governments are obliged to contribute under sub-clause 65(3); or 24
(b) applied in accordance with clause 75. 25
Compensation for damage by works 26
83. The Contracting Governments must meet, in equal shares, any 27
compensation for damage paid by a Constructing Authority pursuant to an 28
Act approving this Agreement-- 29
60
Murray-Darling Basin
SCHEDULE (continued)
(a) caused or arising from anything done by it in constructing, 1
operating or maintaining any works or executing any measures 2
provided for in this Agreement; and 3
(b) which has not been met or contributed to by the Commission 4
under paragraph 51(1)(c). 5
PART VIII--REPORTS 6
Preparation of reports 7
84.(1) As soon as practicable after the end of each financial year, the 8
Commission must send to the Ministerial Council-- 9
(a) a report on-- 10
(i) the proceedings and activities of the Commission for that 11
year; 12
(ii) the extent to which the objectives, policies or plans of the 13
Commission have been achieved or realised in that year; 14
(iii) the objectives, policies or plans of the Commission for 15
future years. 16
(b) its audited financial statements for that year. 17
(2) The Commission may send the report referred to in 18
paragraph 84(1)(a) and its financial statements for any year to the 19
Ministerial Council at the same time or at different times. 20
(3) The Commission must send its financial statements to the 21
Commonwealth auditor. 22
(4) The Commonwealth auditor must report to the Ministerial Council-- 23
(a) whether, in the auditor's opinion, the statements are based on 24
proper accounts and records, 25
(b) whether the statements are in agreement with the accounts and 26
records, 27
61
Murray-Darling Basin
SCHEDULE (continued)
(c) whether, in the auditor's opinion, the receipt, expenditure and 1
investment of moneys, and the acquisition and disposal of assets, 2
by the Commission during the year have been in accordance with 3
this Agreement, and 4
(d) as to such other matters arising out of the statements as the 5
Commonwealth auditor considers should be reported to the 6
Ministerial Council. 7
PART IX--PROCEEDINGS IN DEFAULT 8
Failure to perform works or contribute cost 9
85.(1) The Commission must immediately notify the Ministerial Council 10
and each other Contracting Government if any Contracting Government 11
fails, after being so required by the Commission, 12
(a) to do anything in relation to any works or measures, or 13
(b) to pay any money to the Commission 14
which it is obliged to do or pay under this Agreement. 15
(2) The Commission may authorise one or more of the Contracting 16
Governments which is not in default wholly or partly to make good any 17
failure which relates to-- 18
(a) the construction, operation or maintenance of any works, 19
(b) the carrying on of any operation, 20
(c) the implementation of any measures. 21
(3) A Contracting Government authorised by the Commission under 22
sub-clause 85(2)-- 23
(a) may enter the territory of the defaulting Contracting Government 24
to do whatever it has been authorised to do by the Commission, 25
(b) shall be deemed to have all powers, licences and permissions as 26
are required from the defaulting Contracting Government to do 27
62
Murray-Darling Basin
SCHEDULE (continued)
whatever it has been authorised to do by the Commission, 1
(c) shall be deemed to have all the rights and powers of a 2
Constructing Authority, including the right to receive any 3
payment due under clause 73, in respect of whatever it has been 4
authorised to do by the Commission, 5
(d) may, in a court of competent jurisdiction, recover, as a debt due 6
from the defaulting Contracting Government, all money 7
reasonably expended by it in doing whatever it has been 8
authorised to do by the Commission and which has not been paid 9
to it by the Commission by virtue of the right conferred by 10
paragraph 85(3)(c), together with interest at the prescribed rate. 11
(4) A defaulting Contracting Government shall once more be deemed to 12
be the Constructing Authority when-- 13
(a) any failure referred to in paragraph 85(1)(a) has been made good, 14
and 15
(b) it has paid all money payable by it under paragraph 85(3)(d). 16
(5) Unless the Commission decides otherwise in any particular case, a 17
Contracting Government which fails to pay money due under clause 69 to 18
the Commission by the due date is liable to pay interest on any outstanding 19
balance at the prescribed rate. 20
(6) Any other Contracting Government-- 21
(a) may pay the outstanding balance owed by a Contracting 22
Government under clause 69, together with interest at the 23
prescribed rate, and 24
(b) may recover the amount so paid in a court of competent 25
jurisdiction as a debt due from the defaulting Contracting 26
Government. 27
(7) Any interest paid to the Commission in respect of outstanding 28
amounts due under sub-clause 65(2) must be paid to the Contracting 29
Governments not in default in equal shares. 30
(8) Any interest paid to the Commission in respect of outstanding 31
amounts due under sub-clause 65(3) must be paid to the State Contracting 32
63
Murray-Darling Basin
SCHEDULE (continued)
Governments not in default in equal shares. 1
(9) Any interest payable under this clause shall be calculated from the 2
due date to the date of actual payment. 3
PART X--DISTRIBUTION OF WATERS 4
DIVISION 1--STATE ENTITLEMENTS TO WATER 5
South Australia's monthly entitlement 6
86. South Australia is entitled to receive-- 7
(a) the following monthly quantities of River Murray water-- 8
July 50500 megalitres 9
August 66 000 megalitres 10
September 77 000 megalitres 11
October 112 500 megalitres 12
November 122 000 megalitres 13
December 159 000 megalitres 14
January 159 000 megalitres 15
February 136 000 megalitres 16
March 128 000 megalitres 17
April 77 000 megalitres 18
May 35 000 megalitres 19
June 32 000 megalitres 20
except as provided in clause 127; and 21
(b) 58,000 megalitres per month for dilution and losses, unless the 22
Commission determines otherwise; and 23
64
Murray-Darling Basin
SCHEDULE (continued)
(c) such additional quantities for dilution as the Commission 1
determines from time to time. 2
Measurement of South Australia's entitlement 3
87.(1) Each month South Australia is deemed to receive the sum of the 4
water flowing in that month in-- 5
(i) the River Murray between the confluences of the Rufus and 6
Lindsay Rivers with the River Murray, and 7
(ii) the Lindsay River near its confluence with the River Murray. 8
(2) The Commission must determine the flows referred to in 9
sub-clause 87(1) in such manner as it sees fit. 10
Variation of South Australia's entitlements 11
88. The Commission may from time to time, at the request of a 12
Commissioner for South Australia, vary for a specified sequence of months 13
any of the monthly quantities which that State is entitled to receive under 14
clause 86 without increasing the total of those quantities for that sequence. 15
Use of Lake Victoria 16
89. If the Commission decides that the flow or prospective flow of the 17
River Murray downstream of its junction with the Great Darling Anabranch 18
is, or will be for any month in excess of the sum of-- 19
(a) the quantities which South Australia is entitled to receive in that 20
month under clause 86 or 88; 21
(b) any quantities which, in the opinion of the Commission, ought to 22
be and can be impounded in Lake Victoria during that month with 23
the object of filling that storage at some time before the end of the 24
next ensuing month of May; and 25
(c) any quantities required for use by New South Wales and Victoria, 26
downstream of the junction of the River Murray and the Great 27
Darling Anabranch, 28
65
Murray-Darling Basin
SCHEDULE (continued)
South Australia may receive that excess in addition to the quantity of water 1
which it is entitled to receive under clause 86 or 88. 2
Surplus flow to South Australia 3
90. The quantity of water that South Australia is entitled to receive in any 4
month shall not be reduced if it has received a greater quantity than it was 5
entitled to receive under clause 86 or 88 in any previous month. 6
Entitlements of New South Wales and Victoria 7
91.(1) Except as otherwise expressly provided in Division 3 of this Part 8
and subject to South Australia's entitlement under clause 86 or 88, New 9
South Wales and Victoria are each entitled to use-- 10
(a) all the water in tributaries of the upper River Murray downstream 11
of Doctors Point within its territory, before it reaches the River 12
Murray, 13
(b) half the water in the upper River Murray upstream of Doctors 14
Point, including any water diverted thereto by the Authority, 15
(c) half the water entering the Menindee Lakes from the Darling 16
River, subject to the prior entitlement of New South Wales to use 17
water from the Menindee Lakes Storage as provided in clause 92; 18
and 19
(d) subject to paragraph 91(1)(c), an amount of water from the upper 20
River Murray equivalent to any water contributed by any tributary 21
or any outfall approved by the Commission entering the upper 22
River Murray from its territory downstream of Doctors Point. 23
(2) Entitlements under sub-clause 91(1) shall not be affected by the 24
declaration of a period of special accounting except as specifically provided 25
in Division 4 of this Part. 26
New South Wales' entitlement to water from Menindee Lakes 27
92.(1) Whenever water in the Menindee Lakes Storage falls below 28
480 000 megalitres, New South Wales may use the stored water as it 29
66
Murray-Darling Basin
SCHEDULE (continued)
requires until the volume next exceeds 640 000 megalitres. 1
(2) Whenever sub-clause 92(1) does not apply, New South Wales 2
may-- 3
(a) divert from-- 4
(i) the Menindee Lakes Storage; or 5
(ii) the Darling River below the Menindee Lakes Storage; or 6
(iii) the River Murray, below its junction with the Darling River; 7
or 8
(b) release from the Cawndilla outlet regulator, 9
a total of up to 100,000 megalitres in any 12 month period commencing on 10
1 April. 11
(3) Whenever the Commission determines that-- 12
(a) releases from the Menindee Lakes Storage exceed the water 13
required for storage in Lake Victoria and to supply South 14
Australia's entitlement; or 15
(b) water in the Menindee Lakes Storage exceeds 1 680 000 16
megalitres and the amount of the excess plus the estimated water 17
currently in the River Murray and Darling River below the 18
Menindee Lakes Storage is sufficient to supply South Australia's 19
entitlement and to fill Lake Victoria, 20
any of that water used by New South Wales or released to provide for the 21
retention of floodwaters shall not be deemed to be part of its entitlement 22
under sub-clause 92(2). 23
New South Wales' and Victoria's supply to South Australia 24
93. New South Wales and Victoria must provide, in equal proportions, 25
South Australia's entitlement under clause 86 or 88 from the water available 26
to them under clauses 91 and 92. 27
67
Murray-Darling Basin
SCHEDULE (continued)
Limitations on use by New South Wales and Victoria 1
94. Unless the Commission determines otherwise, New South Wales or 2
Victoria must not use water from the upper River Murray to an extent 3
which may result in less than half the minimum reserve determined under 4
clause 100 being held in upper River Murray storages and allocated to that 5
State at the end of the following May. 6
DIVISION 2--CONTROL BY COMMISSION 7
Commission's role in operation of storages 8
95.(1) The Commission may give directions for the release of water 9
from upper River Murray storages and water must be released in 10
accordance with any such directions. 11
(2) The Commission may give directions under sub-clause 95(1) in the 12
form of standing procedures, which it may amend or suspend at any time, 13
except as provided in clause 97. 14
(3) In giving directions under this clause the Commission must have 15
regard to-- 16
(i) maintaining supply to South Australia of the quantities of 17
water which that State is entitled to receive, 18
(ii) maintaining a minimum reserve of water as provided for in 19
clause 100, and 20
(iii) facilitating the exercise by New South Wales and Victoria of 21
their respective rights to use water from the upper River 22
Murray, as they require. 23
(4) In giving directions under this clause the Commission may also have 24
regard to-- 25
(i) the improvement or maintenance of water quality in the 26
River Murray (including the upper River Murray); 27
(ii) other water management and environmental objectives 28
consistent with this Agreement. 29
68
Murray-Darling Basin
SCHEDULE (continued)
Limitation on Menindee Lakes operation 1
96.(1) The Commission must not direct that water be released from 2
Menindee Lakes Storage after its volume falls below 480 000 megalitres 3
and before it next exceeds 640 000 megalitres. 4
(2) Subject to sub-clause 96(1), a direction to release water from 5
Menindee Lakes Storage may be given by a majority vote of the 6
Commission or, if the Commission is equally divided, by the casting vote 7
of the presiding member. 8
Procedures for Dartmouth Dam operation 9
97. The Commission must not amend or, except in an emergency, 10
suspend any standing procedures affecting the release of water through the 11
power station of Dartmouth Reservoir without first consulting the State 12
Electricity Commission of Victoria and the Constructing Authority for 13
Victoria. 14
Water estimated to be under the control of the Commission 15
98. "Water estimated to be under the control of the Commission" means 16
the aggregate of-- 17
(a) water stored in the Hume and Dartmouth Reservoirs above their 18
minimum operating levels; 19
(b) water stored in Lake Victoria above its minimum operating level; 20
(c) water available for release from the Menindee Lakes Storage at 21
the direction of the Commission in accordance with clause 96, 22
after allowing for New South Wales' prior entitlements under 23
clause 92; 24
(d) the estimated runoff from the catchment of the upper River 25
Murray above Doctors Point before the end of the following 26
May, excluding water diverted from the Tooma River to the 27
Eucumbene Storage and the Tumut River and from the Geehi 28
River to the Snowy River; 29
(e) water estimated to be diverted to the upper River Murray above 30
69
Murray-Darling Basin
SCHEDULE (continued)
Doctors Point by works of the Authority before the end of the 1
following May; 2
(f) the difference between the estimated amount of water in transit in 3
the upper River Murray and the estimated amount of water in 4
transit at the end of the following May. 5
Available water 6
99. From time to time the Commission must-- 7
(a) determine the minimum amount of water estimated to be under 8
the control of the Commission; 9
(b) determine the allowance to be made until the end of the following 10
May for 11
(i) losses by evaporation and other means in the upper River 12
Murray; and 13
(ii) the entitlements of South Australia under paragraphs 86(b) 14
and 86(c); 15
(c) having regard to its determinations under paragraphs 99(a) and 16
99(b) determine the water available-- 17
(i) for distribution to New South Wales, Victoria and South 18
Australia before the end of the following May; 19
(ii) for holding in reserve at the end of the following May. 20
Minimum Reserve 21
100.(1) From time to time the Commission must determine the 22
minimum reserve to be held at the end of the following May. 23
(2) Unless the Commission determines otherwise, the minimum reserve 24
shall be the lesser of-- 25
(a) One third of the water available determined under paragraph 99(c) 26
less 27
The sum of the monthly entitlements of South Australia under 28
70
Murray-Darling Basin
SCHEDULE (continued)
paragraph 86(a) up to the end of the following May 1
plus 2
The sum of any imbalance of use during a period of special 3
accounting calculated under clause 125; 4
and 5
(b) 835,000 megalitres. 6
(3) If the minimum reserve determined under paragraph 100(2)(a) is less 7
than zero, then the minimum reserve shall be deemed to be zero. 8
(4) Unless the Commission determines otherwise, the first 250,000 9
megalitres of any minimum reserve shall be held in Lake Victoria. 10
Use of State works to convey Murray water 11
101. The Commission may arrange for water to be conveyed from one 12
part of the upper River Murray to another via works under the control of a 13
State Contracting Government, on such terms as may be agreed between 14
the Commission and that State Contracting Government. 15
DIVISION 3--WATER ACCOUNTING 16
General 17
102. The following provisions give effect to the principles set out in the 18
preceding Divisions of this Part. 19
Allocation of water to New South Wales and Victoria 20
103.(1) In respect of any period, a quantity of water estimated by the 21
Commission as-- 22
(a) the quantity of water which would have flowed in the River 23
Murray past Doctors Point in that period but for the effect during 24
that period of diversions to or from, and impoundments on, the 25
upper river upstream of Doctors Point, plus 26
71
Murray-Darling Basin
SCHEDULE (continued)
(b) the quantity of water diverted by works of the Authority to the 1
upper River Murray upstream of Doctors Point from beyond the 2
natural boundaries of the catchment thereof shall be allocated 3
between New South Wales and Victoria as provided in 4
sub-clause 103(2). 5
(2) The quantity of water estimated for any month in accordance with 6
sub-clause 103(1) shall be allocated as follows-- 7
(a) for any of the months from May through to August inclusive, the 8
whole quantity shall be allocated half each to New South Wales 9
and Victoria; 10
(b) for any of the months from September through to April inclusive; 11
(i) whenever Victoria is subject to a period of special 12
accounting, the first 12 900 megalitres per month (being 13
equivalent to the ceding by Victoria to New South Wales of 14
a volume of 6 450 megalitres per month), and 15
(ii) at any other time, the first 16 700 megalitres per month 16
(being equivalent to the ceding by Victoria to New South 17
Wales of a volume of 8 350 megalitres per month) shall be 18
allocated to New South Wales, and the remainder shall be 19
allocated half each to New South Wales and Victoria. 20
Allocation of water in Menindee Lake Storage 21
104.(1) Half the water entering the Menindee Lakes Storage from the 22
Darling River is allocated to New South Wales and half to Victoria. 23
(2) Of the water allocated to Victoria and stored in the Menindee Lakes 24
Storage, Victoria must cede 4,170 megalitres each month to New South 25
Wales. 26
Tributary inflows 27
105. The quantity of water which in any period enters the upper River 28
Murray downstream of Doctors Point from a tributary, or from any 29
artificial outfall approved by the Commission for the purposes of this 30
72
Murray-Darling Basin
SCHEDULE (continued)
clause, other than quantities referred to in clause 104, is allocated to the State 1
from which the water enters the upper River Murray. 2
Use by New South Wales and Victoria of allocated water 3
106. Any quantity of water diverted from the upper River Murray by 4
offtakes under the jurisdiction of either New South Wales or Victoria is 5
deemed to be used by that State, unless otherwise determined by the 6
Commission. 7
Snowy diversions out of Murray catchment 8
107. Any quantity of water diverted by works of the Authority from the 9
Tooma River to the Eucumbene Storage and the Tumut River or from the 10
Geehi River to the Snowy River is deemed to be used half each by New 11
South Wales and Victoria. 12
Losses 13
108.(1) Any water which is lost by evaporation or other means from the 14
upper River Murray is deemed to have been used by New South Wales or 15
Victoria. 16
(2) Unless otherwise determined by the Commission, 17
(a) losses attributable to evaporation from a major storage will be 18
deemed to have been used in proportion to the quantities of water 19
allocated to New South Wales or Victoria in that storage; 20
(b) losses attributable to an unregulated flow in any part of the upper 21
River Murray will be deemed to have been used in proportion to 22
the flow allocated to New South Wales or Victoria in that part of 23
the river; 24
(c) all other losses will be deemed to have been used half each by 25
New South Wales and Victoria. 26
(3) For the purposes of this clause an "unregulated flow" means a flow 27
which has not been planned by the Commission. 28
73
Murray-Darling Basin
SCHEDULE (continued)
New South Wales' and Victoria's supply to South Australia 1
109. For the purposes of this Division any water supplied in any month 2
to South Australia which it is entitled to receive under clause 86 or 88 is 3
deemed to be supplied half each by New South Wales and Victoria and the 4
Commission must make appropriate adjustments to allocations between 5
New South Wales and Victoria of water in the upper River Murray so as to 6
give effect to those States' obligations under clause 93. 7
Commencement of continuous accounting of carryover of stored water 8
110. Half the water in each major storage on 1 December 1989 is 9
deemed to have been allocated to New South Wales and half to Victoria. 10
Reallocation of water between New South Wales and Victoria 11
111.(1) By agreement between a Commissioner for New South Wales 12
and a Commissioner for Victoria, any quantity of water allocated to one of 13
those States and in store in any of the upper River Murray storages or in 14
transit in a specified part of the upper River Murray, may be exchanged for 15
a quantity of water allocated to the other State and in store in another of the 16
upper River Murray storages or in transit in another specified part of the 17
upper River Murray, if such an exchange of water does not prejudice the 18
entitlement of South Australia. 19
(2) The Commission may at any time, with the consent of either New 20
South Wales or Victoria, determine that certain quantities of water in transit 21
in the upper River Murray are surplus to the requirements of that State and 22
reallocate the whole or part of such quantities from that State to the other 23
State. 24
Accounting for Snowy Scheme 25
112. The Commission may adjust the quantities of water allocated to 26
New South Wales and Victoria under paragraph 103(1)(b) having regard to 27
any extraordinary aspects of operation of the Snowy Scheme. 28
74
Murray-Darling Basin
SCHEDULE (continued)
Efficient regulation of the Murray River 1
113. Any water used by either New South Wales or Victoria or supplied 2
to South Australia by either of those States is deemed to be provided from 3
water allocated to that State and the Commission may, as necessary to 4
ensure the availability of appropriately allocated water at the place of such 5
use or supply, reallocate quantities of water in the upper River Murray but 6
must not thereby alter the total quantities of water allocated to New South 7
Wales or Victoria respectively, in the upper River Murray. 8
Accounting procedures 9
114. Subject to clauses 110, 111, 112, 113, 115 and 120, the quantity of 10
water in any part of the upper River Murray and which is allocated to either 11
New South Wales or Victoria is deemed-- 12
(a) to increase in any period by the quantity of water allocated to that 13
State flowing into that part in that period, and 14
(b) to decrease in any period by any quantities of water-- 15
(i) used by that State by way of diversion or loss from that part 16
in that period, or 17
(ii) passed from that part in that period for 18
- downstream use by that State, 19
- supply by that State to South Australia, 20
- conveyance to another part of the upper River Murray 21
as water allocated to that State, or 22
(iii) released from that part in that period and determined under 23
clause 121 to be a release of water allocated to that State, or 24
(iv) spilled from that part in that period and deemed under 25
clause 116 to be a spill of water allocated to that State. 26
Internal Spills 27
115.(1) In any major storage, water allocated either to New South Wales 28
or Victoria must be re-allocated to the other State to prevent the quantity of 29
75
Murray-Darling Basin
SCHEDULE (continued)
water allocated to either State in the storage exceeding half the lesser of: 1
(a) the target capacity of the storage, or 2
(b) the quantity of water stored when releases are being made for 3
flood mitigation. 4
(2) In Hume and Lake Victoria, "target capacity" means the capacity of 5
the reservoir at the Full Supply Level. 6
(3) In Dartmouth "target capacity" means the lesser of: 7
(a) the capacity of the reservoir at the Full Supply Level, or 8
(b) the quantity of water stored when water is being released through 9
the hydro-electric power station and the storage level is above the 10
level specified by the Commission for the operation of the power 11
station. 12
(4) In Menindee Lakes "target capacity" means the greater of the 13
capacity: 14
(a) at the Full Supply Level, or 15
(b) at such higher level as may be determined from time to time by 16
the Commission. 17
(5) When water in Dartmouth Reservoir is to be re-allocated under 18
sub-clause 115(1) and there is capacity in Hume Reservoir available to the 19
State from which water is to be re-allocated to store some or all of the 20
re-allocated water, a compensating adjustment must be made in Hume 21
Reservoir so that the accounts of the State from which the water is to be 22
re-allocated in Dartmouth Reservoir are not thereby reduced. 23
Accounting for spill from storages 24
116. Any quantity of water spilled from any of the upper River Murray 25
storages, including water released solely to provide space for the retention 26
of floodwaters, is deemed to be water spilled out of the waters allocated to 27
New South Wales or Victoria respectively, in such proportions as 28
minimizes the re-allocation of water under sub-clause 115(1). 29
76
Murray-Darling Basin
SCHEDULE (continued)
Accounting for releases from Dartmouth Reservoir 1
117.(1) Whenever the storage level in Dartmouth Reservoir is above the 2
level determined for the purposes of this sub-clause by the Commission, 3
releases made from Dartmouth Reservoir through the hydro-electric power 4
station will be deemed to be spills and will be accounted for as provided in 5
clause 116. 6
(2) No release from Dartmouth Reservoir will be attributable to the 7
allocation of water to New South Wales or Victoria if the quantity of water 8
in Dartmouth Reservoir allocated to that State is less than or equal to half 9
the minimum operating storage in the reservoir. 10
(3) Releases from Dartmouth Reservoir other than those covered by 11
sub-clauses 117(1) and 117(2) will be attributable to the allocation of water 12
to New South Wales or Victoria in such proportions as tend most to 13
equalize the quantities of water allocated to those States in Hume Reservoir. 14
Accounting for releases from Hume Reservoir 15
118.(1) Any release made from Hume Reservoir for the deliberate 16
purpose of transferring water to Lake Victoria for use at a later date will be 17
attributable to the allocation of water to New South Wales or Victoria in 18
such proportions as tend most to equalize the quantities of water allocated to 19
the respective States in Lake Victoria and the Menindee Lakes Storage. 20
(2) Releases from Hume Reservoir other than those covered by 21
sub-clause 118(1) will be attributable to the allocation of water to New 22
South Wales or Victoria in such proportions as satisfy the expected 23
downstream water requirements of each State. 24
Accounting for releases from Menindee Lakes Storage 25
119.(1) For the purposes of this clause releases from Menindee Lakes 26
Storage consist of-- 27
(a) water required to maintain a flow throughout the main course of 28
the Darling River downstream of Menindee Lakes; 29
(b) water released to satisfy use by New South Wales in the main 30
77
Murray-Darling Basin
SCHEDULE (continued)
course of the Darling River downstream of Menindee Lakes; 1
(c) water released through the Lake Cawndilla Outlet Regulator; 2
(d) water released down the main course of the Darling River 3
downstream of Menindee Lakes Storage to satisfy directions 4
given by the Commission under sub-clause 95(4); 5
(e) any other water released from the Menindee Lakes Storage which 6
can be used either to supply South Australia's entitlement under 7
clause 86 or 88 or to supply water to Lake Victoria. 8
(2) Whenever New South Wales is using water pursuant to sub-clause 9
92(1) all release from Menindee Lakes Storage will be attributed to the 10
allocation of water to New South Wales. 11
(3) Whenever sub-clause 92(1) does not apply to the use of water by 12
New South Wales from the Menindee Lakes Storage: 13
(a) releases under paragraph 119(1)(a) will be attributed equally to 14
the allocations of water to New South Wales and Victoria; 15
(b) releases under paragraph 119(1)(b) and 119(1)(c) will be 16
attributed to the allocation of water to New South Wales; 17
(c) releases under paragraph 119(1)(d) and 119(1)(e) will be 18
attributed to the respective allocations of New South Wales and 19
Victoria in such proportions as tend most to equalize the water in 20
Lake Victoria allocated to each State, provided that such 21
proportions do not-- 22
(i) cause the water allocated either to New South Wales or to 23
Victoria to fall below 240,000 megalitres; 24
(ii) cause water to be re-allocated between the States under 25
clause 115. 26
Reallocation of water in Menindee Lakes Storage 27
120. At the conclusion of any period during which New South Wales is 28
using water pursuant to sub-clause 92(1), the quantities of water stored in 29
the Menindee Lakes Storage and allocated respectively to New South Wales 30
and Victoria must be adjusted so that the difference between those quantities 31
78
Murray-Darling Basin
SCHEDULE (continued)
is the same as the difference in the allocated quantities at the beginning of 1
that period. 2
Accounting for dilution flows 3
121.(1) Whenever the Commission directs under clause 95 that the flow 4
of water is to exceed the water order at a particular point, unless the 5
Commission determines otherwise, the proportion of the water order 6
attributed respectively to New South Wales and Victoria must be increased 7
by such amounts as tend most to equalise the respective allocations to New 8
South Wales and Victoria of the total flow at that point. 9
(2) For the purpose of this clause the "water order" is the flow of water 10
at a particular point which is necessary-- 11
(a) to meet diversions by New South Wales and Victoria, losses and 12
dilution flows downstream of that point; 13
(b) to meet South Australia's entitlement; and 14
(c) to supply storages downstream of that point. 15
DIVISION 4--PERIODS OF SPECIAL ACCOUNTING 16
Declaration of periods of special accounting 17
122.(1) Unless the Commission is satisfied that the reserve allocated to 18
either New South Wales or Victoria at the end of the following May will be 19
greater than 1,250,000 megalitres, the Commission must declare a period of 20
special accounting between that State and South Australia. 21
(2) A period of special accounting-- 22
(a) may be declared at any time after the end of July in any year and 23
before the end of May in the following year; 24
(b) unless the Commission decides otherwise, will be deemed to 25
have commenced on 1 August in that year, whenever it is in fact 26
declared. 27
(3) Unless it decides otherwise, the Commission must declare a period 28
79
Murray-Darling Basin
SCHEDULE (continued)
of restriction for the purposes of the Snowy Mountains Agreement if both 1
New South Wales and Victoria are subject to periods of special accounting. 2
Variation of navigation depths during restrictions 3
123. The Commission may vary the depth of water to be maintained 4
immediately downstream of a lock under sub-paragraph 62(1)(b)(i), during 5
any period of special accounting. 6
Special Accounts to be kept 7
124. Throughout any period of special accounting declared for New 8
South Wales or Victoria, separate accounts must be kept by the 9
Commission of-- 10
(a) all water diverted from the upper River Murray by the State; 11
(b) the difference between: 12
(i) the sum of all water entering the Upper River Murray 13
downstream of Doctors Point from 14
· any tributary within that State other than the River 15
Darling, and 16
· any artificial outfall from that State approved by the 17
Commission for the purposes of clause 105; 18
and 19
(ii) any water allocated to that State which flows to South 20
Australia in excess of South Australia's entitlement under 21
clause 86 or 88. 22
If (ii) exceeds (i), the account kept under this paragraph must 23
be set at zero; 24
(c) all water allocated to that State which is supplied by it to meet 25
South Australia's entitlement under paragraph 86(a). 26
80
Murray-Darling Basin
SCHEDULE (continued)
Imbalance in use 1
125. The imbalance in use between either New South Wales or Victoria 2
and South Australia in a period of special accounting is to be calculated as 3
follows-- 4
One-third of the amount calculated under paragraph 124(a) 5
less 6
One-third of the amount calculated under paragraph 124(b) 7
less 8
Two-thirds of the amount calculated under paragraph 124(c). 9
Limits on imbalance in use 10
126. On May 31 in any period of special accounting, the accounts kept 11
under clause 108 must be adjusted by the Commission to ensure that the 12
imbalance in use calculated under clause 125 is-- 13
(a) less than one-third, and 14
(b) greater than minus two-thirds 15
of the difference between 1,250,000 megalitres and the reserve allocated to 16
New South Wales or Victoria, as the case may require. 17
Restrictions on South Australia's entitlement 18
127.(1) In a period of special accounting, instead of the amounts set out 19
in paragraph 86(a), South Australia is entitled to receive, before the end of 20
the following May, the lesser of 21
(a) the sum of the monthly quantities set out in paragraph 86(a); 22
and 23
(b) the sum of 24
(i) one-third of the available water determined under 25
paragraph 99(c) and 26
(ii) any imbalance in use calculated under clause 125. 27
81
Murray-Darling Basin
SCHEDULE (continued)
(2) South Australia may decide how to apportion any entitlement under 1
sub-clause 127(1) between each month provided that the quantity in any 2
month must not exceed that specified in paragraph 86(a). 3
Termination of periods of special accounting 4
128. The Commission must terminate a period of special accounting 5
declared for New South Wales or Victoria whenever it is satisfied that the 6
reserve allocated to that State at the end of the following May will be greater 7
than 1,250,000 megalitres. 8
PART XI--MENINDEE LAKES STORAGE 9
Maintenance of Menindee Lakes Storage 10
129. New South Wales must maintain the Menindee Lakes Storage and 11
associated works in the good order and condition necessary to meet the full 12
supply levels and storage capacities referred to in clause 130. 13
Full supply levels 14
130. For the purposes of this Agreement, and unless otherwise agreed 15
between the Department of Water Resources of New South Wales and the 16
Commission by the exchange of letters between them, the full supply levels 17
of the Menindee Lakes Storage will be-- 18
Lake Wetherell -- Elevation 61.7 Australian Height Datum, 19
Lake Pamamaroo -- Elevation 60.4 Australian Height Datum, 20
Lake Menindee -- Elevation 59.8 Australian Height Datum, 21
Lake Cawndilla -- Elevation 59.8 Australian Height Datum, 22
corresponding to a total storage capacity of approximately 23
1 680 000 megalitres. 24
82
Murray-Darling Basin
SCHEDULE (continued)
Financial contributions of Commission 1
131. Each year the Commission must pay New South Wales-- 2
(a) $320,000 in equal instalments at the end of each quarter, and 3
(b) three quarters of the costs of operating and maintaining the 4
Menindee Lakes Storage, 5
or such other amounts as may be determined by the Commission from 6
time to time. 7
PART XII--EFFECT OF SNOWY MOUNTAINS 8
AGREEMENT 9
Reconciliation with Snowy Mountains Agreement 10
132.(1) The provisions of this Agreement as to sharing of water apply to 11
the exclusion of the provisions of sub-clause 12(2) of the Snowy 12
Mountains Agreement. 13
(2) Any provision of this Agreement conferring rights to water on South 14
Australia prevails over any inconsistent provision of the Snowy Mountains 15
Agreement. 16
(3) In clause 11 of the Snowy Mountains Agreement-- 17
(a) the reference to "the River Murray Commission" is deemed to 18
refer to the Commission; 19
(b) the references to "a declared period of restriction within the 20
meaning of clause 51 of the River Murray Agreement" and "the 21
declared period of restriction" are deemed to refer to a period of 22
restriction declared under sub-clause 122(3) of this Agreement. 23
(4) The Snowy Mountains Agreement continues to have effect except as 24
provided in this clause. 25
83
Murray-Darling Basin
SCHEDULE (continued)
PART XIII--MISCELLANEOUS 1
Resolution of disputes 2
133.(1) If the Commission fails to agree on any motion submitted by a 3
Commissioner within two months, that Commissioner may refer the matter 4
to the Ministerial Council. 5
(2) If the Ministerial Council fails to resolve the matter within 6
six months, any member may refer it to an arbitrator. 7
(3) When a matter is referred to an arbitrator, any Contracting 8
Government may give the other Contracting Governments written notice to 9
agree to appoint an arbitrator to decide the matter. 10
(4) If an arbitrator is not appointed within two months of notice being 11
given, the Chief Justice of the Supreme Court of Tasmania, or the person 12
acting in that office, may appoint an arbitrator at the request of the 13
Contracting Government giving notice under sub-clause 133(3). 14
(5) The decision of any arbitrator appointed under this clause-- 15
(a) is deemed to be the decision of the Commission; 16
(b) binds the Commission, the Ministerial Council and the 17
Contracting Governments. 18
(6) This clause does not apply to a resolution-- 19
(a) on a question of law; 20
(b) before the Commission under clause 135; or 21
(c) which has been decided by a majority vote of the Commission or 22
the casting vote of the chairman pursuant to a provision of this 23
Agreement. 24
Accession by new parties 25
134.(1) Any State of the Commonwealth may become a party to this 26
Agreement-- 27
(a) with the consent of the existing parties; and 28
84
Murray-Darling Basin
SCHEDULE (continued)
(b) on such terms and conditions as may be prescribed by the 1
existing parties in a Schedule to this Agreement. 2
(2) Without limiting the generality of paragraph 134(1)(b), the terms and 3
conditions prescribed may include provision for-- 4
(a) those Parts or provisions of the Agreement or its Schedules 5
which apply to any new party and those which do not; 6
(b) any qualification to any provision of the Agreement or its 7
Schedules which applies to any new party; 8
(c) the number, appointment, functions, powers, duties and voting 9
rights of representatives (if any) of any new party on the 10
Ministerial Council or the Commission; 11
(d) the financial contributions to be made by any new party for the 12
purposes of this Agreement. 13
(3) The Ministerial Council may approve any Schedule prepared 14
pursuant to paragraph 134(1)(b). 15
(4) When a Schedule is approved by the Ministerial Council under 16
sub-clause 134(3) it thereupon becomes part of the Agreement, which is 17
deemed to have been amended accordingly. 18
(5) This Agreement will not apply to any new State party until-- 19
(a) a copy of the Agreement incorporating the Schedule provided for 20
in sub-clause 134(1) has been signed on behalf of that State; 21
(b) the Government of that State has notified each existing 22
Contracting Government of that signature and its date; 23
(c) the Parliament of that State has approved this Agreement, 24
including the Schedule provided for in sub-clause 134(1). 25
(6) Any Schedule approved by the Ministerial Council under 26
sub-clause 134(3) must be laid before the House or Houses of Parliament 27
of each of the parties to this Agreement within 15 sitting days of that House 28
after the Ministerial Council has approved that Schedule. 29
(7) A Schedule which is not laid before the House or Houses of 30
Parliament of each of the parties in accordance with sub-clause 134(6) is 31
void and has no effect. 32
85
Murray-Darling Basin
SCHEDULE (continued)
(8) If any House of Parliament of any of the parties, pursuant to a motion 1
of which notice has been given within 15 sitting days after a Schedule has 2
been laid before that House, passes a resolution disallowing that Schedule, 3
the Schedule thereupon ceases to have effect. 4
(9) If, at the expiration of 15 sitting days after notice of a motion to 5
disallow any Schedule has been given in a House of Parliament of any of 6
the parties in the manner envisaged by sub-clause 134(8)-- 7
(a) the notice has not been withdrawn and the motion has not been 8
called on; or 9
(b) the motion has been called on, moved and seconded and has not 10
been withdrawn or otherwise disposed of, 11
the Schedule is to be deemed to have been disallowed. 12
(10) Where any Schedule-- 13
(a) is disallowed, deemed to have been disallowed or is void by 14
virtue of the provisions of this clause; and 15
(b) the Schedule purported to amend any provision of the 16
Agreement, 17
the disallowance of the Schedule or the operation of sub-clause 134(7), as 18
the case may be, has the effect of reviving that other provision of the 19
Agreement from the date on which the Schedule is disallowed, deemed to 20
have been disallowed or becomes void. 21
(11) For the purposes of this clause and any reference to this clause in 22
this Agreement-- 23
"State" includes "Territory"; 24
"Governor" includes the Australian Capital Territory Executive. 25
Proposals to amend Agreement 26
135. The Commission must review this Agreement from time to time 27
and may recommend any amendments it thinks necessary or desirable to 28
the Ministerial Council. 29
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Murray-Darling Basin
SCHEDULE (continued)
Giving information to the Commission 1
136. Each Contracting Government must give all the information it can 2
to the Commission for the purposes of this Agreement, whenever the 3
Commission requests it. 4
Authorities to observe agreement 5
137. Each Contracting Government must ensure that any public authority 6
which exercises functions under this Agreement, observes its provisions. 7
Transitional provisions 8
138.(1) In this clause-- 9
"commencing day" means the day on which this Agreement comes into 10
effect; 11
"current financial year" means the financial year during which this 12
Agreement comes into effect; 13
"next financial year" means the financial year following the current financial 14
year. 15
(2) Acts or things consistent with this Agreement done by or on behalf 16
of a Contracting Government or the Commission in anticipation of this 17
Agreement are deemed to have been done under and in accordance with its 18
provisions. 19
(3) Without limiting the generality of sub-clause 138(2)-- 20
(a) any estimates for the current financial year sent by the 21
Commission to the Contracting Governments before the 22
commencing day are deemed to be estimates sent in respect of 23
that year; 24
(b) any money paid by a Contracting Government to the 25
Commission before the commencing day are deemed to have 26
been paid under clause 69 for the current financial year; 27
(c) any money spent by the Commission before the commencing 28
day in accordance with estimates referred to in 29
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Murray-Darling Basin
SCHEDULE (continued)
paragraph 138(3)(a) are deemed to have been spent pursuant to 1
the Agreement for the current financial year; 2
(d) if the commencing day falls between 31 March and 30 June in 3
any year, any estimates sent by the Commission to the 4
Contracting Governments before that day for the next financial 5
year are deemed to be estimates for that next financial year. 6
(4) Clause 80 applies to any interest received by the Commission on 7
fixed deposit in the current financial year. 8
(5) Money of a kind referred to in clause 81 and 82 paid by a Contracting 9
Government in the current financial year is deemed to have been paid under 10
those clauses. 11
(6) The Ministerial Council must determine any other transitional 12
arrangements. 13
88
Murray-Darling Basin
SCHEDULE (continued)
SCHEDULE A--WORKS 1
Description of Works Location Nominat ed
Government
DARTMOUTH DAM 2
with a capacity of Mitta Mitta River Victoria 3
approximately 4 000 000 upstream of the town of 4
megalitres. Dartmouth,
north-eastern Victoria.
HUME DAM with a River Murray upstream New South Wales 5
capacity of of the city of Albury, and Victoria, 6
approximately 3 038 000 New South Wales. jointly. 7
megalitres.
LAKE VICTORIA Lake Victoria, New South Australia. 8
South Wales connected
WORKS -- regulation 9
with main stream of
reservoir with a storage 10
River Murray by Rufus
capacity of 11
River and Frenchman's
approximately 700 000 12
Creek.
megalitres.
13
YARRAWONGA River Murray near the Victoria. 14
town of Yarrawonga,
WEIR -- storage of 15
Victoria.
about 120 000 16
megalitres.
89
Murray-Darling Basin
SCHEDULE (continued)
WEIR AND LOCKS: River distance from 1
Murray mouth in
Construction of thirteen 2
kilometres.
weirs and locks in the 3
course of the River 4
Murray from its mouth 5
to Echuca, namely:
No. 1 Blanchetown 274 South Australia
No. 2 Waikerie 362 South Australia
No. 3 Overland Corner 431 South Australia
No. 4 Bookpurnong 516 South Australia
No. 5 Renmark 562 South Australia
No. 6 Murtho 620 South Australia
No. 7 Rufus River 697 South Australia
No. 8 Wangumma 726 South Australia
No. 9 Kulnine 765 South Australia
No. 10 Wentworth 825 New South Wales
No. 11 Mildura 878 Victoria
No. 15 Euston 1 110 New South Wales
No. 26 Torrumbarry 1 368 Victoria
6
WEIRS 7
Construction of two River distance 8
weirs in the course of the upstream from the 9
Murrumbidgee River Junction with the River 10
from its junction with Murray in kilometres. 11
the River Murray to 12
Hay, namely:
No. 5 Redbank 193 New South Wales
No. 7 Maude 290 New South Wales
90
Murray-Darling Basin
SCHEDULE (continued)
MURRAY MOUTH 1
BARRAGES:
Goolwa Goolwa Channel South Australia
Mundoo Mundoo Channel South Australia
Boundary Boundary Creek South Australia
Channel
Ewe Island Ewe Island Channel South Australia
Tauwitchere Tauwitchere Island South Australia
2
91
Murray-Darling Basin
SCHEDULE (continued)
SCHEDULE B--MURRAY DARLING BASIN 1
2
3
92
Murray-Darling Basin
SCHEDULE (continued)
SCHEDULE C--SALINITY AND DRAINAGE 1
STRATEGY 2
PART 1--INTERPRETATION 3
Purpose 4
1. The purposes of this Schedule are-- 5
(a) to promote works and measures by the Contracting Governments 6
to reduce average salinity in the River Murray at Morgan. 7
(b) to ensure that actions taken under the Agreement do not have a 8
cumulative effect of increasing River Murray salinity. 9
(c) to provide for assessment of the potential and actual impact of 10
works and measures in terms of their salinity effects. 11
(d) to provide a system of salinity credits and debits to allow a State 12
Contracting Government, which has contributed to the cost of 13
works or measures decreasing average salinity costs, to construct 14
works or implement measures which increase average salinity 15
costs within agreed limits. 16
(e) to provide for monitoring of effects of works and measures on 17
River Murray Salinity and the consequential adjustment of 18
salinity credits or debits. 19
Definitions 20
2. In this Schedule save where inconsistent with the context-- 21
"average salinity" means the average salinity of the River Murray calculated 22
in accordance with procedures determined by the Commission from 23
time to time. 24
"average salinity costs" means the average costs to users of water from the 25
River Murray incurred because of the salinity of the water used, as 26
calculated in accordance with procedures determined by the 27
Commission from time to time. 28
93
Murray-Darling Basin
SCHEDULE (continued)
"joint proposal" means a proposal for works or measures which are 1
approved for the purposes of this Schedule under clause 50 and "joint 2
works or measures" has a corresponding meaning. 3
"prospective credit" or "debit" is the estimated value of that credit or debit, 4
as determined from time to time, to apply at the declared effective date. 5
"register" means the Register provided for in sub-clause 3(4) of this 6
Schedule. 7
"salinity cost effect" means the increase in average salinity costs resulting 8
from any proposal, work or measure. 9
"salinity credit" means the reduction in average salinity costs resulting from 10
any work or measure attributed to a State Contracting Government 11
pursuant to Part III of this Schedule. 12
"salinity debit" means the increase in average salinity costs resulting from 13
any work or measure attributed to a State Contracting Government 14
pursuant to Part III of this Schedule. 15
"salinity effect" means the increase in the average salinity at Morgan 16
resulting from any proposal, work or measure. 17
"significant effect" means a significant effect on average salinity at Morgan 18
determined pursuant to sub-clause 3(3) of this Schedule. 19
"State proposal" means a proposal for works or measures, other than joint 20
works or measures, to be constructed or implemented by a State 21
Contracting Government for the purposes of this Schedule, and "State 22
works or measures" has a corresponding meaning. 23
PART II--APPROVAL AND EXECUTION OF 24
WORKS AND MEASURES 25
Advice of proposals which may have a significant effect 26
3.(1) Sub-clause 46(1) applies to all proposals for works or measures 27
which may have a significant effect. 28
94
Murray-Darling Basin
SCHEDULE (continued)
(2) If a Contracting Government notifies the Commission of a proposal 1
under sub-clause 3(1) of this Schedule, the Commission must investigate 2
the proposal and decide whether or not it is likely to have a significant 3
effect. 4
(3) The following will be deemed to have a significant effect-- 5
(a) all proposals for works or measures which, alone or, where the 6
Commission so determines, in combination with other works or 7
measures nominated by the Commission, may result in an 8
alteration of not less than 0.1 EC in the average salinity at 9
Morgan. 10
(b) any other proposals for works or measures which may result in 11
an alteration of less than 0.1 EC in the average salinity at Morgan 12
which the Commission decides may have a significant effect. 13
(4) If the Commission decides that a proposal is likely to have a 14
significant effect, it must-- 15
(a) provisionally designate the proposal as a joint or State proposal; 16
(b) enter the proposal in a Register; and 17
(c) carry out an assessment as required by clause 7 of this Schedule. 18
Other Works constructed or measures implemented after 1 January 19
1988 20
4. If the Commission decides that a work constructed or a measure 21
implemented after 1 January 1988, which has not previously been entered 22
in the Register, has a significant effect, it may-- 23
(a) designate that work or measure to be either a joint or State work 24
or measure; 25
(b) determine the salinity effect and salinity cost effect of the work or 26
measure and enter them in the Register. 27
95
Murray-Darling Basin
SCHEDULE (continued)
Increase in Salinity effect of constructed drains as a result of works 1
constructed or measures implemented before 1 January 1988 2
5. Any increase in the salinity cost effect of a drain-- 3
(a) constructed since 1 January 1988; or 4
(b) affected by any works or change to the management of the water 5
regime since 1 January 1988, 6
will be attributed to the State in which the drain is situated. 7
Provision of information 8
6.(1) Sub-clauses 50(5), 52(1), 52(2) and 52(3) apply to joint proposals 9
included in the Register. 10
(2) Sufficient information must be supplied by a Contracting 11
Government in regard to all State proposals included in the Register to 12
enable the Commission to assess the salinity effects of such proposals for 13
the purposes of this Schedule. 14
(3) For the purpose of sub-clause 42(2), the State Contracting 15
Government in whose territory a prospective joint proposal would be 16
executed is to be deemed to have consented to the Commission carrying out 17
such surveys, investigations or studies of the desirability, practicability or 18
probable effects of the proposal as the Commission may determine. 19
Commission to evaluate designs and determine salinity costs effects 20
7. If the Commission is satisfied with the data, methodology, result of 21
feasibility studies, and preliminary designs of any proposal entered in the 22
Register, the Commission-- 23
(a) must determine the prospective salinity effect and prospective 24
salinity cost effect of that proposal and enter them in the Register; 25
and 26
(b) may, subject to clause 50, authorise the construction or 27
implementation of any joint proposal. 28
96
Murray-Darling Basin
SCHEDULE (continued)
Attribution of salinity credits and salinity debits 1
8.(1) When any work or measure that reduces average salinity costs 2
(a) is declared effective under clause 58; or 3
(b) if the work or measure is completed in stages, when each stage is 4
declared effective, 5
the Commission must attribute salinity credits arising from that work, 6
measure or stage to State Contracting Governments in accordance with 7
Part III of this Schedule and enter those salinity credits in the Register. 8
(2) Before any work or measure which may increase average salinity 9
costs 10
(a) is commenced; or 11
(b) if the work or measure is to be implemented in stages, before 12
each stage is commenced, 13
the Commission must attribute salinity debits arising from that work, 14
measure or stage to a State Contracting Government in accordance with 15
Part III of this Schedule and enter those salinity debits in the Register. 16
Review of effects of a proposal 17
9.(1) The Commission may, at any time-- 18
(a) decide that a joint proposal should become a State proposal; 19
(b) delete a proposal from the Register. 20
(2) The Commission may, at any time before a proposal is declared 21
effective pursuant to clause 58, re-estimate its salinity effect and salinity cost 22
effect and enter the revised effects in the Register. 23
Initial Program 24
10. Subject to clause 50, the State Contracting Governments must 25
implement an initial program of cost effective joint works or measures to 26
reduce average salinity at Morgan by 80 E.C. 27
97
Murray-Darling Basin
SCHEDULE (continued)
State proposals which increase average salinity costs only to be 1
executed within available salinity credits 2
11.(1) A Contracting Government must not, and must ensure that any 3
public authority responsible to it does not-- 4
(a) construct any works or implement any measures; or 5
(b) permit any works to be constructed or any measures to be 6
implemented 7
which may increase average salinity costs, except in accordance with this 8
Schedule. 9
(2) A Contracting Government must not-- 10
(a) construct any works or implement any measures; or 11
(b) permit any works to be constructed or any measures to be 12
implemented 13
which may have a significant effect unless the total prospective salinity 14
debits attributable to that Government and entered in the Register resulting 15
from-- 16
(i) both those works and measures, together with 17
(ii) works or measures within the territory of that Contracting 18
Government already undertaken under this Schedule 19
are less than, or equal to-- 20
(c) the total accumulated salinity credits attributed to that Government 21
from works or measures already declared effective; or 22
(d) the total prospective salinity credits attributable to that State from 23
all works and measures on the Register, including those not yet 24
declared effective, if the Commission so agrees. 25
(3) A State Contracting Government will not proceed with State works 26
or measures under paragraph 11(2)(b) of this Schedule if the combined 27
salinity cost effect of those works or measures and all other works or 28
measures undertaken under this Schedule and entered in the Register would 29
result in an increase in average salinity costs. 30
98
Murray-Darling Basin
SCHEDULE (continued)
Monitoring of works and measures 1
12.(1) A Contracting Government nominated under clause 50(5) in 2
respect of works or measures must submit a proposed program for 3
monitoring their salinity effects to the Commission. 4
(2) The Commission may approve a proposed monitoring program, with 5
or without amendment, or may refer it for amendment to the Contracting 6
Government submitting it. 7
(3) The Commission may, from time to time, determine procedures for 8
monitoring works or measures approved for the purposes of this Schedule. 9
(4) The Commission may, from time to time, give directions to ensure 10
the efficient monitoring of any works or measures operated or implemented 11
under this Schedule. 12
PART III--ASSESSMENT AND APPORTIONMENT 13
OF SALINITY EFFECTS 14
Assessment techniques 15
13. The salinity cost effects of any proposal, work or measure must be 16
calculated by using the simulation techniques and benchmark conditions 17
adopted by the Commission from time to time. 18
Determination of Salinity Credits for initial joint works or measures 19
14.(1) The salinity credits to be attributed to New South Wales and 20
Victoria in respect of any joint works or measures in the initial program 21
referred to in clause 10 of this Schedule which are declared effective under 22
clause 58 shall be calculated as follows-- 23
Salinity credits ($) = 15/80 x E 24
Where E = The salinity cost effects of the works or measures. 25
(2) Salinity credits generated under this clause will not be attributed to a 26
99
Murray-Darling Basin
SCHEDULE (continued)
State Contracting Government unless that Government has paid all sums 1
thus far required to be paid by it for the initial program of joint works or 2
measures. 3
Determination of Salinity Credits or Debits for other works or 4
measures 5
15.(1) The salinity credits to be attributed respectively to New South 6
Wales, Victoria or South Australia in respect of any other joint or State 7
works or measures included in the Register which are declared effective in 8
accordance with clause 58 shall be calculated as follows-- 9
Salinity credits $ = S/T x E 10
Where S = The amount contributed by that State to the cost of 11
investigating, designing and constructing the works or implementing 12
the measures plus the amount committed by that State to the estimated 13
costs of operating, maintaining and monitoring the effects of those 14
works or measures throughout their effective life. 15
T = the total amount contributed by all States to the costs of 16
investigating, designing, and constructing the works or implementing 17
the measures plus the total amount committed by all States to the 18
estimated costs of operating, maintaining and monitoring the effects of 19
those works or measures throughout their effective life. 20
E = the total salinity cost effects of the works or measures. 21
(2) For the purpose of sub-clause 15(1) of this Schedule, the 22
Commission must estimate the costs of operating, maintaining and 23
monitoring the effects of those works or measures throughout their 24
effective life. 25
(3) The salinity debits to be attributed respectively to New South Wales, 26
Victoria or South Australia in respect of works or measures subject to this 27
clause are the total of the salinity cost effects of those works or measures 28
which have been entered in the Register. 29
100
Murray-Darling Basin
SCHEDULE (continued)
Review of salinity cost effects 1
16. At intervals of not more than five years, or such other period as may 2
be determined by the Commission, the salinity cost effects of all works or 3
measures declared to be effective for the purposes of this Schedule must be 4
calculated, in the light of data produced by the monitoring program for 5
those works or measures and any other relevant data. 6
Revision of salinity credits or debits 7
17. Whenever the salinity cost effects of any works or measures are 8
altered pursuant to sub-clause 9(2) or clause 16 of this Schedule, the 9
Commission must revise the salinity credits or salinity debits in respect of 10
those works as provided in clauses 14 or 15 of this Schedule as appropriate, 11
and amend the Register accordingly. 12
PART IV--FINANCE 13
Apportionment of costs of joint works and measures 14
18. The provisions of sub-clause 65(1) and paragraphs 65(2)(f) and (i) 15
and 65(3)(d) apply to all joint works and measures authorised pursuant to 16
this Schedule. 17
Apportionment of costs of State works and measures 18
19. Subject to sub-clause 20(3) of this Schedule, the Contracting 19
Government nominated under sub-clause 50(5) for any State work or 20
measure must arrange to meet the cost of investigating, designing, 21
constructing, operating, maintaining and monitoring that work or measure. 22
Sharing costs and trading salinity credits 23
20.(1) Any two or more State Contracting Governments may at any time 24
101
Murray-Darling Basin
SCHEDULE (continued)
by Agreement assign any or all of the salinity credits or salinity debits 1
attributed in the Register to a State Contracting Government in respect of a 2
work or measure to another State Contracting Government, on such terms 3
as the parties determine. 4
(2) When the parties to any such Agreement advise the Commission in 5
writing as to its effect, the Commission must attribute the salinity credits or 6
salinity debits in respect of that work or measure in accordance with the 7
effect of that Agreement and must amend the Register accordingly. 8
(3) Any such Agreement may alter the manner in which the costs 9
referred to in clauses 18 or 19 of this Schedule are to be apportioned 10
between the parties to that Agreement. 11
12
102
Murray-Darling Basin
SCHEDULE (continued)
IN WITNESS WHEREOF this Agreement has been respectively signed 1
for and on behalf of the parties on the date first set out above. 2
SIGNED by the Honourable ) 3
PAUL JOHN KEATING, Prime ) 4
Minister of the Commonwealth of Australia ) Paul Keating 5
in the presence of-- ) 6
A. De Salis ) 7
) 8
9
10
SIGNED by the Honourable ) 11
NICHOLAS FRANK GREINER, Premier ) 12
of the State of New South Wales, in the ) 13
presence of-- ) Nick Greiner 14
D. H. Pigott ) 15
) 16
17
18
SIGNED by the Honourable ) 19
JOAN ELIZABETH KIRNER, Premier ) 20
of the State of Victoria, in the presence of-- ) Joan E. Kirner 21
P. E. Kirby ) 22
) 23
24
25
26
103
Murray-Darling Basin
SCHEDULE (continued)
1
SIGNED by the Honourable ) 2
JOHN CHARLES BANNON, Premier ) 3
of the State of South Australia, in the ) 4
presence of-- ) J. C. Bannon 5
C. B. Schonfeldt ) 6
) 7
8
104
Murray-Darling Basin
SCHEDULE (continued)
SCHEDULE D--APPLICATION OF AGREEMENT TO 1
QUEENSLAND 2
Queensland to be a Contracting Party 3
1. The State of Queensland shall become a party to the Agreement on the 4
terms set out in this Schedule. 5
Application of Agreement to Queensland 6
2. The provisions of the Agreement apply to the State of Queensland 7
except-- 8
(a) for those provisions declared not to apply by this Schedule; and 9
(b) to the extent that provisions are modified by this Schedule; and 10
(c) where the Ministerial Council or the Commission determines that 11
a provision does not apply pursuant to clause 4. 12
Provisions not applying to Queensland 13
3.(1) Parts X, XI and XII of the Agreement do not apply to the State of 14
Queensland. 15
(2) Schedule C of the Agreement does not apply to the State of 16
Queensland unless and until the Ministerial Council decides otherwise. 17
(3) Insofar as any provision of the Agreement bears on a matter set out 18
in clause 3(4), that provision does not apply to the State of Queensland. 19
(4) Clause 3(3) applies to-- 20
(a) any issue concerning the design, execution, construction, funding, 21
operation, maintenance, alteration or replacement of any works, 22
measures, policies or strategies solely associated with the 23
management of the upper River Murray and the River Murray in 24
South Australia. 25
(b) any liability of the Commission, any Commissioner or Deputy 26
Commissioner, any officer of the Commission, any Contracting 27
105
Murray-Darling Basin
SCHEDULE (continued)
Government or any Constructing Authority in respect of: 1
(i) any matter referred to in clause 3(4)(a); or 2
(ii) any matter arising under a provision of the Agreement 3
which the Ministerial Council or Commission has 4
determined does not apply to the State of Queensland under 5
clause 4. 6
Powers of Ministerial Council and Commission to make 7
Determinations 8
4.(1) The Ministerial Council or the Commission, as the case may be, 9
may-- 10
(a) determine that a provision of the Agreement does not apply to the 11
State of Queensland, either generally or in relation to a particular 12
matter or class of matters; and 13
(b) revoke any such determination made by it. 14
(2) The Ministerial Council may, at any time, direct that any 15
determination made by the Commission under sub-clause 4(1) is to be 16
deemed to have been-- 17
(a) revoked; or 18
(b) altered in any way directed by the Ministerial Council. 19
(3) The Commission must give effect to any determination made by the 20
Ministerial Council under sub-clause 4(1). 21
Factors to be considered by Ministerial Council or Commission 22
5.(1) In making a determination under sub-clause 4(1)(a), the Ministerial 23
Council or the Commission must apply the guidelines set out in this clause, 24
unless the Ministerial Council or the Commission, as the case may be, 25
determines otherwise. 26
(2) A provision should apply to the State of Queensland if-- 27
(a) issues arising under that provision are likely to cause a significant 28
benefit or a significant detriment to Queensland; 29
106
Murray-Darling Basin
SCHEDULE (continued)
(b) any decisions or actions taken within Queensland without 1
reference to that provision might cause significant benefit or 2
significant detriment to any part of the Murray-Darling Basin 3
within Queensland; 4
(c) the Government of Queensland has incurred or may incur any 5
financial obligation as a result of that provision. 6
(3) A provision should not apply to the State of Queensland if issues 7
arising under that provision are only likely to concern that portion of the 8
Murray-Darling Basin delineated in red in the plan comprising the 9
Annexure to this Schedule. 10
Quorum where provisions do not apply to Queensland 11
6.(1) The quorum of the Ministerial Council for-- 12
(a) debating any issue; or 13
(b) considering or making any resolution on an issue, 14
related to any provision which does not apply, in whole or in part, to 15
Queensland by virtue of this Schedule does not include any Minister from 16
the Government of Queensland. 17
(2) The text of any resolution relating to such an issue and for which 18
approval is sought under clause 13 of the Agreement need not be referred to 19
or approved by any Minister from the Government of Queensland. 20
(3) The quorum of the Commission for-- 21
(a) debating any issue; or 22
(b) considering or making any resolution on an issue, 23
related to any provision which does not apply, in whole or in part, to 24
Queensland by virtue of this Schedule does not include any Commissioner 25
from the State of Queensland. 26
(4) The text of any resolution relating to such an issue and for which 27
approval is sought under clause 33 of the Agreement need not be referred to 28
or approved by any Commissioner from the State of Queensland before the 29
resolution is made. 30
107
Murray-Darling Basin
SCHEDULE (continued)
Application of previous Ministerial Council decisions to Queensland 1
7.(1) The Ministerial Council may affirm that any policy, determination 2
or decision of the Ministerial Council applies to the State of Queensland. 3
(2) Any such policy, determination or decision shall apply to the State of 4
Queensland in whole or in part, or with such modification, as the 5
Ministerial Council decides. 6
(3) This clause applies only to policies, determinations or decisions made 7
by the Ministerial Council between 27 August 1986 and the first meeting of 8
the Ministerial Council after this Schedule comes into force. 9
(4) Any policy, determination or decision referred to in clause 7(3) which 10
is not affirmed by the Ministerial Council under clause 7(1) does not apply 11
to Queensland. 12
13
108
Murray-Darling Basin
SCHEDULE (continued)
Annexure to Schedule D of Murray-Darling Basin 1
Agreement 2
3
4
109
Murray-Darling Basin
SCHEDULE (continued)
IN WITNESS WHEREOF this agreement, incorporating Schedule D, 1
had been signed for and on behalf of the State of Queensland on this 2
Sixteenth day of May One thousand nine hundred and ninety six. 3
4
5
6
7
8
9
10
11
SIGNED by the Honourable ) 12
) 13
ROBERT EDWARD BORBIDGE, Premier ) 14
) Robert Borbidge 15
of the State of Queensland in the presence of ) 16
) 17
S. Dark ) 18
) 19
20
© State of Queensland 1996
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