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Queensland
NEW SOUTH
WALESQUEENSLAND
BORDER RIVERS
AMENDMENT BILL 1993
Queensland
NEW SOUTH WALESQUEENSLAND
BORDER RIVERS AMENDMENT BILL
1993
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Repeal of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Replacement of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6 Omission of preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
7 Amendment of s.4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 Insertion of new heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
9 Replacement of s.5 (Execution of Agreement) . . . . . . . . . . . . . . . . . . . . . . . 5
5 Ratification of agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5A Binding effect of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
10 Amendment of s.22 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
11 Omission of s.24 (Water Act to be read subject to the Agreement) . . . . . . 6
12 Replacement of schedule heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
13 Insertion of new Schedules 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
SCHEDULE 2
NEW SOUTH WALESQUEENSLAND BORDER RIVERS
AGREEMENT 1968
SCHEDULE 3
NEW SOUTH WALESQUEENSLAND BORDER RIVERS
AGREEMENT 1993
1993
A BILL
FOR
An Act to amend the New South WalesQueensland Border Rivers Act
1946, and for other purposes
4
New South WalesQueensland Border Rivers
Amendment
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with 1
the advice and consent of the Legislative Assembly of Queensland in 2
Parliament assembled, and by the authority of the same, as follows. 3
title 4
Short
This Act may be cited as the New South WalesQueensland 5
Clause1.
Border Rivers Amendment Act 1993. 6
7
Commencement
Clause2. This Act commences on a day to be fixed by proclamation. 8
of Act 9
Repeal
The New South WalesQueensland Border Rivers Act Amendment 10
Clause3.
Act 1968 is repealed. 11
Act 12
Amended
The New South WalesQueensland Border Rivers Act 1946 is 13
Clause4.
amended as set out in this Act. 14
of long title 15
Replacement
Clause5. Long title-- 16
omit, insert-- 17
`An Act to ratify certain agreements made between the States of New 18
South Wales and Queensland relating to the Severn, Dumaresq, 19
Macintyre and Barwon Rivers, and for other purposes'. 20
of preamble 21
Omission
Preamble-- 22
Clause6.
omit. 23
5
New South WalesQueensland Border Rivers
Amendment
of s.4 (Interpretation) 1
Amendment
Section 4 (definitions "Governor", "Person", "Premier", 2
Clause7.(1)
"Prescribed", "The Agreement" and "The Schedule")-- 3
omit. 4
(2) Section 4-- 5
insert-- 6
` "agreement" means the original agreement, as amended by-- 7
(a) the first amending agreement; and 8
(b) the second amending agreement; 9
"first amending agreement" means the agreement a copy of which is set 10
out in Schedule 2; 11
"original agreement" means the agreement a copy of which is set out in 12
Schedule 1; 13
"second amending agreement" means the agreement a copy of which is 14
set out in Schedule 3;'. 15
of new heading 16
Insertion
Clause8. After section 4-- 17
insert-- 18
`AGREEMENTS'. 19
of s.5 (Execution of Agreement) 20
Replacement
Section 5-- 21
Clause9.
omit, insert-- 22
of agreements 23
`Ratification
`5. Each of the following agreements is ratified-- 24
(a) the original agreement; 25
(b) the first amending agreement; 26
6
New South WalesQueensland Border Rivers
Amendment
(c) the second amending agreement. 1
effect of agreement 2
`Binding
`5A. While the agreement continues to be binding on the State of New 3
South Wales, it is binding on the State of Queensland.'. 4
of s.22 (Regulations) 5
Amendment
Clause10. Section 22(2) and (3)-- 6
omit. 7
of s.24 (Water Act to be read subject to the Agreement) 8
Omission
Section 24-- 9
Clause11.
omit. 10
of Schedule heading 11
Replacement
Clause12. Schedule (heading)-- 12
omit, insert-- 13
`SCHEDULE 1 14
`NEW SOUTH WALESQUEENSLAND BORDER 15
RIVERS AGREEMENT 1946 16
section 4'. 17
of new Schedules 2 and 3 18
Insertion
Clause13. After the Schedule-- 19
insert-- 20
7
New South WalesQueensland Border Rivers
Amendment
`SCHEDULE 2 1
`NEW SOUTH WALESQUEENSLAND BORDER 2
RIVERS AGREEMENT 1968 3
section 4 4
AGREEMENT made the fourth day of November, one thousand nine 5
hundred and sixty-eight BETWEEN THE STATE OF NEW SOUTH 6
WALES of the one part AND THE STATE OF QUEENSLAND of the 7
other part. 8
WHEREAS the parties hereto have on the twenty-seventh day of 9
November, one thousand nine hundred and forty-six made an Agreement 10
(herein referred to as the Principal Agreement) authorized by the "New 11
South WalesQueensland Border Rivers Act, 1947" and by "The New 12
South WalesQueensland Border Rivers Act of 1946" the terms of which 13
Agreement are set out in the Schedule to each of those Acts. 14
AND WHEREAS it is desirable to amend the purposes for which the 15
Principal Agreement was made and the terms thereof. 16
NOW IT IS HEREBY AGREED as follows:-- 17
PART I 18
1. This Agreement is subject to ratification by the Parliaments of the 19
parties hereto and shall come into effect when ratified by both such 20
Parliaments. 21
Each of the parties hereto shall take all practicable steps to have this 22
Agreement ratified. 23
2. The Principal Agreement shall continue to bind the parties thereto 24
subject to the amendments, omissions and substitutions made therein by 25
this Agreement. 26
8
New South WalesQueensland Border Rivers
Amendment
PART II 1
3. New preamble. The preamble to the Principal Agreement being the 2
words from and including the word "WHEREAS" to and including the 3
words "for other purposes" is omitted and the following preamble is 4
inserted in its stead:-- 5
"WHEREAS it is desirable that certain works be constructed on those 6
portions of the Dumaresq, Macintyre and Barwon Rivers which constitute 7
part of the border between the States of New South Wales and Queensland 8
on certain effluents from those rivers and on certain tributaries of the 9
Dumaresq River in both the said States with a view to water conservation, 10
water supply and irrigation in the said States and that certain investigations 11
be made in respect of streams which intersect the said border west of the 12
town of Mungindi with a view to determining the quantities of water which 13
should be available to the said States from such streams and with a view to 14
the provision of works which could be of benefit to the said States by 15
ensuring better distribution of the water in certain of such streams and for 16
other purposes." 17
4. Amendments to clause 14. Clause 14 of the Principal Agreement is 18
amended by-- 19
(a) in paragraph (a) omitting the words and numerals "a place 20
downstream of and as close as practicable to the Dumaresq Dam referred to 21
in Clause 16" and inserting in their stead the words "the Mingoola Gauging 22
Station"; 23
(b) inserting after paragraph (b) the following paragraphs:-- 24
"(c) such of the tributaries of the Dumaresq River upstream of the 25
Mingoola Gauging Station as the Commission deems necessary; 26
(d) such of the intersecting streams as the Commission deems 27
necessary;"; 28
(c) re-designating the existing paragraph (c) as paragraph (e) and adding 29
to that paragraph as so re-designated the words "and from the tributaries 30
mentioned in paragraph (c) of this clause"; 31
(d) omitting the words "such tributary rivers into the Carrier Rivers" 32
where lastly occurring and inserting in their stead the words "rivers, 33
9
New South WalesQueensland Border Rivers
Amendment
tributary to the Carrier Rivers, into the Carrier Rivers and from the 1
tributaries mentioned in paragraph (c) of this clause into the Dumaresq 2
River". 3
5. Amendments to clause 15. Clause 15 of the Principal Agreement is 4
amended by-- 5
(a) in paragraph (i), omitting the words and numerals "the Dumaresq 6
storage referred to in Clause 16" and inserting in their stead the words 7
"dams comprising the Dumaresq storage or any of them"; 8
(b) in paragraph (ii), omitting the words "other works referred to in that 9
Clause" and inserting in their stead the words "works on the Carrier Rivers 10
or on effluents therefrom". 11
6. New heading to Part III. The Principal Agreement is amended by 12
omitting the words "PART III--WORKS TO BE CONSTRUCTED 13
AND WORKS TO BE TAKEN OVER" and inserting in their stead the 14
words "PART III--FUNCTIONS OF COMMISSION". 15
7. New clause 16. The Principal Agreement is amended by omitting 16
clause 16 and inserting in its stead the following clause:-- 17
"16. Functions of Commission. (1) The Commission shall have 18
control of the construction, operation and maintenance of works taken over 19
by it or constructed under this Agreement. 20
Such works include the weirs known as the Bonshaw, Cunningham, 21
Glenarbon, Goondiwindi, Boomi and Mungindi Weirs and the regulator on 22
the Boomi effluent immediately downstream of its off-take from the 23
Barwon River. 24
(2) The Commission shall undertake field, laboratory and engineering 25
investigations into-- 26
(a) the provision of storage dams on the Dumaresq River and on its 27
tributaries upstream of the Mingoola Gauging Station with a view 28
to ensuring a regulated flow in the Carrier Rivers and, if 29
practicable, a measure of flood reduction; 30
10
New South WalesQueensland Border Rivers
Amendment
(b) the provision of such weirs on the Carrier Rivers as may be 1
deemed necessary to meet the requirements of users of water 2
along those rivers including diversion of water by gravitation for 3
the purpose of irrigation or water supply; 4
(c) the provision of regulators on effluents from the Carrier Rivers 5
with a view to providing a control of flow in and diversions from 6
the Carrier Rivers during periods of flow whether regulated or 7
unregulated; 8
(d) the provision of such works in or on the intersecting streams as 9
may be deemed necessary to ensure, for the joint benefit of the 10
parties hereto, a flow of water or an equitable distribution of the 11
flow of water whether regulated or unregulated in those streams; 12
(e) the proportions or quantities of water which should be available to 13
each of the parties hereto from the intersecting streams. 14
(3) The Commission shall, from time to time, report and make 15
recommendations to the Governments of New South Wales and 16
Queensland respectively concerning-- 17
(a) the construction of works which, as a result of the investigations 18
required of it by subclause (2) of this clause, it deems necessary 19
or desirable; 20
(b) the details of the works recommended by it and the estimated cost 21
thereof; 22
(c) the regulated supply of water and any amount of flood reduction 23
estimated to result from the works recommended by it; 24
(d) the urgency of the need for each work recommended by it; 25
(e) in the case of works recommended in or on the intersecting 26
streams where the Commission expects that the supplies of water 27
resulting from such works to the parties hereto will not be 28
substantially equal, the proportions in which the cost of 29
constructing such works should be met by the parties hereto and 30
the manner in which the cost of maintaining and operating the 31
same should be met by the parties hereto; 32
(f) the proportions or quantities of water which should be available to 33
each of the parties hereto from the intersecting streams. 34
11
New South WalesQueensland Border Rivers
Amendment
(4) Subject to the approval of the parties hereto as to the time of its 1
commencement, its actual storage capacity and the cost to be incurred in its 2
construction the Commission shall, as expeditiously as practicable, cause to 3
be constructed on Pike Creek at a place 4.5 miles upstream from the 4
junction of such creek with the Dumaresq River an earth and rock-fill dam 5
with a capacity of about 200,000 acre feet at a cost presently estimated to be 6
$14,000,000. 7
(5) The Commission shall investigate the practicability of constructing, 8
maintaining and operating a dam on the Mole River with a view to meeting 9
the demand for water along the Carrier Rivers in excess of the water 10
available therefor as a result of the construction of the dam (referred to in 11
subclause (4) of this clause) on Pike Creek. 12
The Commission shall report on such investigation to the Governments 13
of New South Wales and Queensland respectively and shall recommend 14
whether such dam should be constructed or, if it does not recommend such 15
construction, whether any alternative proposal which to the Commission 16
appears more practicable should be adopted. 17
If the Commission recommends the construction of such dam it shall, in 18
its report, particularize the type, storage capacity and estimated cost of the 19
same and, if it recommends the adoption of any alternative proposal, shall, 20
in its report, particularize the type, storage capacity and estimated cost of the 21
works required by such proposal. 22
(6) The work of investigating, surveying, designing and constructing 23
works on behalf of the Commission under this Agreement shall be carried 24
out by the Controlling Authorities of New South Wales or of Queensland 25
as arranged by the Commission and approved by the parties hereto. 26
Unless the Commission, with the approval of the parties hereto, 27
otherwise arranges, any work to be carried out on behalf of the 28
Commission under this Agreement in a State shall be carried out by the 29
Controlling Authority of that State. 30
A Controlling Authority which has carried out on behalf of the 31
Commission and, where required by this Agreement, with the approval of 32
the parties hereto first had and obtained, work under this Agreement shall 33
be reimbursed by the Commission out of funds paid to it by the parties 34
hereto in accordance with this Agreement. 35
12
New South WalesQueensland Border Rivers
Amendment
(7) The Commission may on its own initiative authorize work of 1
maintenance the estimated total cost of which does not exceed $40,000 but 2
shall not authorize any other work except with the approval of the parties 3
hereto first had and obtained. 4
(8) Neither party hereto shall unreasonably delay the making of a 5
decision required of it in relation to a recommendation of the Commission 6
for the purposes of this Agreement. 7
(9) Subject to the approval of the parties hereto as to the time of its 8
commencement and the cost to be incurred in its construction the 9
Commission shall cause to be constructed every work recommended by it 10
pursuant to this clause and approved by the parties hereto. 11
The Commission shall arrange the carrying out of work approved by the 12
parties hereto as expeditiously as practicable." 13
8. New clause 17. The Principal Agreement is amended by omitting 14
clause 17 and inserting in its stead the following clause:-- 15
"17. Operation and maintenance of works. The work of operating 16
and maintaining any works constructed on behalf of or taken over by the 17
Commission shall be carried out by the Controlling Authorities of New 18
South Wales or of Queensland or by the Commission's own servants as 19
arranged by the Commission. 20
Unless the Commission otherwise arranges, the work of operating and 21
maintaining-- 22
(a) the Goondiwindi Weir and Mungindi Weir shall be carried out by 23
the Controlling Authority of the State of Queensland; 24
(b) the Boomi Regulator shall be carried out by the Controlling 25
Authority of the State of New South Wales; 26
(c) works constructed on behalf of the Commission by the 27
Controlling Authority of a State a party hereto shall, subject to 28
subparagraphs (a) and (b) of this paragraph, be carried out by 29
such Controlling Authority." 30
13
New South WalesQueensland Border Rivers
Amendment
9. Amendment to clause 18. Clause 18 of the Principal Agreement is 1
amended by omitting the words "any work" and inserting in their stead the 2
word "works". 3
10. Clauses 19, 20 and 21 deleted. The Principal Agreement is 4
amended by omitting clauses 19, 20 and 21. 5
11. Amendments to clause 22. Clause 22 of the Principal Agreement is 6
amended by-- 7
(a) in subclause (1), omitting paragraph (a) and re-designating 8
paragraphs (b) and (c) as paragraphs (a) and (b) respectively; 9
(b) in subclause (2) omitting the words "the general scheme embracing 10
such work and". 11
12. New clause 23. The Principal Agreement is amended by omitting 12
clause 23 and inserting in its stead the following clause:-- 13
"23. Powers of Commission to direct work. The Commission shall 14
have power to give, from time to time, all directions it deems necessary or 15
expedient to secure the suitability, durability and proper construction of 16
works to be constructed pursuant to this Agreement, the maintenance of 17
works constructed or taken over by or on behalf of the Commission 18
pursuant to this Agreement, and the due observance of the provisions of 19
this Agreement and in particular, the power to direct with respect to-- 20
(a) the order in time in which works shall be constructed and, subject 21
to subclause (7) of clause 16 of this Agreement, the time when 22
the construction of any works shall be commenced; 23
(b) the rate of progress of the construction or maintenance of works; 24
(c) the method and extent of maintenance of works. 25
The Controlling Authority of each of the parties hereto shall comply with 26
every direction given by the Commission to the extent that such Authority 27
is concerned with the direction in question." 28
14
New South WalesQueensland Border Rivers
Amendment
13. New clause 24. The Principal Agreement is amended by omitting 1
clause 24 and inserting in its stead the following clause:-- 2
"24. Powers of Commission to control the operation of works. The 3
Commission shall have power to give, from time to time, all directions it 4
deems necessary or expedient with respect to-- 5
(a) the operation and control of works constructed or taken over by 6
or on behalf of the Commission pursuant to this Agreement; 7
(b) the control of the storage of water provided by any of such 8
works; 9
(c) the times for and rates of discharge of water from the Dumaresq 10
Storage and any other storage of water provided by any of such 11
works; 12
(d) the times for and rates of discharge of water past any of such 13
works. 14
All authorities and persons concerned with a direction given by the 15
Commission shall comply therewith." 16
14. Amendment to clause 25. Clause 25 of the Principal Agreement is 17
amended by omitting the words and numerals "referred to in Clause 16" 18
and inserting in their stead the words "which, pursuant to this Agreement,". 19
15. Clause 26 deleted. The Principal Agreement is amended by omitting 20
clause 26. 21
16. Amendments to clause 27. Clause 27 of the Principal Agreement is 22
amended by,-- 23
(a) in subclause (2),-- 24
(i) adding to the general words preceding paragraph (a) the words "but, 25
in relation to the items referred to in paragraph (g) or (h) of this subclause, 26
subject to subclause (3) of this clause"; 27
(ii) omitting paragraph (e) and inserting in its stead the following 28
paragraph:-- 29
15
New South WalesQueensland Border Rivers
Amendment
"(e) the costs and expenses incurred by each of the parties hereto in 1
carrying out investigations in respect of, and the designing, 2
construction, operation and maintenance of works on behalf of 3
the Commission under this Agreement other than the designing, 4
construction, operation and maintenance of such works in or on 5
the intersecting streams in relation to which the Commission has 6
made a recommendation under paragraph (e) of subclause (3) of 7
clause 16 of this Agreement;"; 8
(b) adding the following subclause:-- 9
"(3) The costs and expenses of and in connexion with the designing, 10
construction, operation and maintenance of works constructed or to be 11
constructed on behalf of the Commission in or on the intersecting streams 12
in relation to which the Commission has made a recommendation under 13
paragraph (e) of subclause (3) of clause 16 of this Agreement (including the 14
costs and expenses of the items referred to in paragraph (g) or (h) of 15
subclause (2) of this clause incurred or to be incurred in relation to such 16
works and, in the case of an item referred to in the said paragraph (g), 17
subject to the restriction therein contained) shall be paid by the parties hereto 18
in the proportions approved by them as the proper proportions in which the 19
cost of constructing such works should be met or, as the case may be, in 20
which the cost of maintaining and operating the same should be met." 21
17. Amendments to clause 28. Clause 28 of the Principal Agreement is 22
amended by-- 23
(a) inserting after the words "paragraphs (a) to (h) inclusive of 24
subclause (2)", wherever they appear, the words "or in subclause (3); 25
(b) in subclause (3), omitting the words "one half of the amount of such 26
estimate" and inserting in their stead the words "the proportion of the 27
amount of such estimate required by this Agreement to be paid by the party 28
in question"; 29
(c) in subclause (4), omitting the words "one half of the amount of such 30
excess" and inserting in their stead the words "the proportion of the amount 31
of such excess required by this Agreement to be paid by the party in 32
question". 33
16
New South WalesQueensland Border Rivers
Amendment
18. Amendment to clause 29. Clause 29 of the Principal Agreement is 1
amended by inserting after the words and numeral "paragraphs (c) to (h) 2
inclusive of subclause (2)", wherever they appear, the words and numeral 3
"or in subclause (3)". 4
19. New clause 33. The Principal Agreement is amended by omitting 5
clause 33 and inserting in its stead the following clause:-- 6
"33. Apportionment of water. (1) (a) Before the creation of the 7
Dumaresq Storage, the daily flow in the Dumaresq River at the Mingoola 8
Gauging Station together with the water available in the weirs along the 9
Carrier Rivers shall, at all times, subject to this Agreement, be available to 10
the parties hereto in equal shares. 11
(b) After the creation of the Dumaresq storage the quantity of water 12
available each year commencing on the first day of July from the 13
unregulated flow at the Mingoola Gauging Station, from water discharged 14
from the Dumaresq storage as directed by the Commission in accordance 15
with the provisions of paragraph (iii) of subclause (1) of clause 37 of this 16
Agreement and from water stored in weirs along the Carrier Rivers shall, 17
subject to this Agreement, be available to the parties hereto in equal shares. 18
(c) If at any time in a year the quantity of the unregulated flow at 19
Mingoola Gauging Station exceeds the quantity of such flow required to 20
meet the aggregate entitlements of the parties hereto as determined pursuant 21
to clause 37 of this Agreement in relation to that time, any part of that 22
excess used by either party hereto shall not be part of the entitlement of that 23
party in relation either to that time or to any time later in that year. 24
(2) (a) If at any time the share of the anticipated available quantity, 25
determined for the time being by the Commission in accordance with 26
clause 37 of this Agreement, available to a party hereto under this 27
Agreement exceeds the requirements of that party the Premiers of the 28
parties hereto may agree that the excess or any part thereof shall, subject to 29
this Agreement, be available to the other party hereto. 30
(b) Thereupon and so long as the agreement remains in force, but subject 31
to this Agreement, 32
(i) the shares of water respectively available to the parties hereto shall 33
be altered to conform to such agreement; and 34
17
New South WalesQueensland Border Rivers
Amendment
(ii) the parties hereto shall bear all payments becoming due and 1
payable in respect of the capital costs incurred (either before or 2
after the date of such agreement) in providing the Dumaresq 3
Storage in the same proportions as they are entitled to share the 4
available water. 5
(c) The Premiers of the parties hereto may make agreements under this 6
subclause from time to time. 7
(3) (a) If the Controlling Authority of a party hereto considers that the 8
amount of the share or altered share of water which is available for the time 9
being to that party, as prescribed by subclause (1) or agreed upon under 10
subclause (2) of this clause, will not be sufficient to meet the requirements 11
of that party, the Controlling Authorities of both parties hereto may arrange 12
that the Controlling Authority of the other party hereto make available to the 13
party hereto requiring the same additional water from its share. 14
Such an arrangement shall not be entered into-- 15
(i) without the prior consent in writing of the Commission; or 16
(ii) in respect of a period other than one year. 17
(b) Thereupon and during the period for which the arrangement remains 18
in force, but subject to this Agreement, the shares of water respectively 19
available to the parties hereto shall be altered to conform to such 20
arrangement. 21
(c) The party hereto which acquires the additional water shall make to the 22
other party hereto a payment equal to five per centum of the difference 23
between the following amounts, namely-- 24
(i) the amount which, at the date the arrangement is entered into, is 25
the proportion to be borne by such party (being the party 26
firstmentioned in this paragraph (c)) of the capital costs incurred 27
in providing the Dumaresq Storage; and 28
(ii) the amount which would be the proportion to be borne by such 29
party of the capital costs specified in subparagraph (i) of this 30
paragraph were the parties hereto required to bear those capital 31
costs in proportion to their shares in the water as altered by the 32
arrangement. 33
18
New South WalesQueensland Border Rivers
Amendment
(d) The Controlling Authorities may make arrangements under this 1
subclause from time to time. 2
(4) For the purposes of this clause a certificate signed by the Chairman or 3
Deputy Chairman of the Commission that the amount or amounts stated in 4
the certificate are costs incurred in respect of the capital costs referred to in 5
this clause shall be conclusive evidence of the facts stated therein, and 6
binding accordingly upon the parties hereto. 7
(5) The entitlement under this clause for the time being of a party hereto 8
to water is subject to loss of water occasioned by natural causes." 9
20. New clause 35. The Principal Agreement is amended by omitting 10
clause 35 and inserting in its stead the following clause:-- 11
"35. Diversions upstream of Mingoola Gauging Station. Water 12
diverted by the Controlling Authority of a party hereto or pursuant to a 13
licence, permit, authority or approval granted on behalf of a party hereto 14
from the Dumaresq River and its tributaries upstream of the Mingoola 15
Gauging Station and from the Dumaresq Storage shall be regarded as part 16
of the share of the State in which it is used or in which the land to which it 17
is applied is situated and all such diversions shall be dealt with in the same 18
manner as diversions from the Carrier Rivers." 19
21. Amendment to clause 36. Clause 36 of the Principal Agreement is 20
amended by omitting the words and numerals "referred to in clause 16" 21
and inserting in their stead the words "controlled by the Commission under 22
this Agreement". 23
22. New clause 37. The Principal Agreement is amended by omitting 24
clause 37 and inserting in its stead the following clause:-- 25
"37. Determination of anticipated available quantity. (1) The 26
Controlling Authority of each of the parties hereto shall, from time to time 27
as and when required by the Commission, supply to the Commission in 28
respect of each year commencing on the first day of July particulars of the 29
supply of water estimated by it to be required by its State at the Mingoola 30
Gauging Station during each calendar month of that year. 31
19
New South WalesQueensland Border Rivers
Amendment
The Commission, having regard to-- 1
(a) such particulars supplied; 2
(b) the Commission's anticipation of the requirements of the parties 3
hereto during the ensuing months of the year in question; 4
(c) the quantity of water diverted from the Carrier Rivers and from 5
the Dumaresq River and its tributaries upstream of the Mingoola 6
Gauging Station for use by each of the parties hereto during the 7
two consecutive calendar months immediately preceding the 8
calendar month in which the determination required by this clause 9
is to be made by the Commission; 10
(d) the quantity of water for the time being stored in the Dumaresq 11
Storage; 12
(e) the period of the year; 13
(f) the prevailing weather conditions; 14
(g) subject to subclause (2) of this clause, such other matters as the 15
Commission considers to be pertinent, 16
shall, at least once in each year commencing on the first day of July and 17
during each such year as, in the Commission's opinion, is required by the 18
prevailing conditions,-- 19
(i) determine the anticipated quantity of water available for that year 20
or, as the case may be, the remainder of that year from the 21
unregulated flow at the Mingoola Gauging Station, from water 22
available for discharge from the Dumaresq Storage and from 23
water stored in weirs along the Carrier Rivers; and 24
(ii) determine and notify the Controlling Authority of each of the 25
parties hereto of the supply of water available from the anticipated 26
available quantity as determined for the time being for diversion 27
for use by that party until further notification by the Commission 28
under this clause; and 29
(iii) direct the rate or rates at which water shall be discharged from the 30
Dumaresq Storage. 31
(2) In determining the supply of water to which a party hereto is, for any 32
complete year, entitled, the Commission shall not allocate to that party any 33
20
New South WalesQueensland Border Rivers
Amendment
part of the supply of water to which that party was entitled in respect of any 1
previous period of time and which was not expended by that party." 2
23. New clause 38. The Principal Agreement is amended by omitting 3
clause 38 and inserting in its stead the following clause:-- 4
"38. (1) Restrictions on diversions of water. Whenever the quantity of 5
water, being the flow (whether regulated or unregulated) in the Dumaresq 6
River at the Mingoola Gauging Station is, in the opinion of the 7
Commission,-- 8
(a) not more than sufficient; or 9
(b) less than sufficient, 10
to meet the requirements for domestic and stock watering purposes, town 11
and railway water supplies and other public purposes usually met from the 12
Dumaresq Storage or the Carrier Rivers the Commission may, from time 13
to time, direct the Controlling Authorities of the parties hereto that all or any 14
diversions from the Dumaresq Storage and the Carrier Rivers-- 15
(c) in a case to which provision (a) of this subclause relates, for any 16
purpose other than those referred to in the foregoing provisions of 17
this subclause; 18
(d) in a case to which provision (b) of this subclause relates, for any 19
purpose, 20
shall until further direction, cease or be reduced to the extent specified by the 21
Commission. 22
(2) Whenever, in the opinion of the Commission, the quantity of water 23
taken or to be taken from the Dumaresq Storage or the Carrier Rivers by 24
way of diversions by the Controlling Authority of a party hereto or pursuant 25
to licences, permits, authorities, or approvals granted in the territory of a 26
party hereto exceeds or will exceed the share of water to which that party is 27
for the time being entitled (as prescribed by this Agreement or under any 28
agreement or arrangement made pursuant to clause 33 of this Agreement) 29
the Commission may from time to time direct the Controlling Authority of 30
that party that all or any of such diversions from the Dumaresq Storage or 31
the Carrier Rivers shall, until further direction, be reduced to the extent 32
specified by the Commission. 33
21
New South WalesQueensland Border Rivers
Amendment
(3) Compliance with directions. The Controlling Authority of a party 1
hereto shall take all steps necessary to give effect to a subsisting direction 2
issued to it by the Commission under this clause and, in particular, shall 3
take all steps necessary to ensure compliance with the direction issued by 4
the Commission by the holders of licences, permits, authorities and 5
approvals to which the direction relates. 6
(4) In the event of the failure of a holder of a licence, permit, authority or 7
approval to make diversions from the Dumaresq Storage or the Carrier 8
Rivers to comply with a direction issued (whether issued as a consequence 9
of a direction issued under this clause by the Commission or otherwise) to 10
him by the Controlling Authority of a party hereto requiring him to cease, 11
limit or restrict such diversions the Controlling Authority concerned shall, 12
irrespective of its taking any other action to enforce his compliance, cancel 13
or suspend (as it sees fit) the licence, permit, authority or approval in 14
question. 15
(5) Each of the parties hereto shall invest its Controlling Authority with 16
all powers necessary to enable it to fulfil its obligations under subclauses (3) 17
and (4) of this clause." 18
24. New clause 39. The Principal Agreement is amended by omitting 19
clause 39 and inserting in its stead the following clause:-- 20
"39. Height of water in and flow of water past weirs and regulators. 21
(1) The Commission may from time to time determine the maximum 22
height to which water may be held upstream of each of the weirs and 23
regulators controlled by the Commission under this Agreement and all such 24
determinations shall be observed by the Controlling Authority carrying out 25
the work of operating the weir or regulator in question as provided for by or 26
arranged under clause 17. 27
(2) The Commission having regard to-- 28
(a) the requirements along the full length of the Carrier Rivers; 29
(b) the diversion from the part of the Carrier Rivers upstream of each 30
weir and regulator; and 31
(c) losses of water along the Carrier Rivers and whilst impounded by 32
the weirs and regulators controlled by the Commission under this 33
22
New South WalesQueensland Border Rivers
Amendment
Agreement, 1
may direct what proportions of the regulated or unregulated flow shall be 2
allowed to pass each weir and regulator controlled by the Commission 3
under this Agreement and all such directions shall be carried out by the 4
Controlling Authority carrying out the work of operating the weir or 5
regulator in question as provided for by or arranged under clause 17." 6
25. Amendments to clause 41. Clause 41 of the Principal Agreement is 7
amended by-- 8
(a) omitting the words "regulated flow from the Dumaresq Storage" and 9
inserting in their stead the words "flow in the Dumaresq River at the 10
Mingoola Gauging Station"; 11
(b) adding the words "plus all adjustments necessary on account of 12
losses of water (referred to in clause 36) which have occurred prior to its 13
reaching the said point". 14
26. New clause 42. The Principal Agreement is amended by omitting 15
clause 42 and inserting in its stead the following clause:-- 16
"42. Diversion of water tributary to Carrier Rivers. (1) Each of the 17
parties hereto shall, subject to subclause (2) of this clause, have full right 18
and liberty, as it deems fit, to conserve and to divert and use and to 19
authorize the diversion and use of the waters of all rivers within its territory 20
tributary to the Carrier Rivers downstream of the Mingoola Gauging Station 21
and to cause the whole or any part of such waters to flow into and along the 22
Carrier Rivers or any part thereof and, subject to losses being taken into 23
account as provided by clause 36 of this Agreement, to divert and authorize 24
the diversion from the Carrier Rivers at any point upstream or downstream 25
of the point of entry of such tributary waters into the Carrier Rivers of a 26
quantity of water equal to the quantity of water caused to flow into and 27
along any part of the Carrier Rivers as aforesaid and to use and authorize the 28
use of water so diverted for any purpose and the water so diverted shall not 29
be treated as part of the water to be shared by the parties hereto under this 30
Agreement. 31
(2) Where, purportedly under the authority of subclause (1) of this 32
23
New South WalesQueensland Border Rivers
Amendment
clause, it is proposed to divert water from the Carrier Rivers at a point 1
upstream of the point of entry into the Carrier Rivers of the tributary waters 2
to which the diversion is referable such diversion shall not be made by or 3
on behalf of a party hereto or by or on behalf of any person under authority 4
granted by a party hereto unless such diversion and the use of the water so 5
diverted does not in the opinion of the Commission prejudice the rights of 6
the other party hereto to water in the Carrier Rivers at the point of diversion 7
or downstream thereof. 8
(3) Where the tributary contribution to the Carrier Rivers of a party 9
hereto exceeds that party's requirements for any period of time of water at 10
points downstream of the point of entry into the Carrier Rivers of such 11
tributary waters the Commission may, with the consent of that party, make 12
the excess available to satisfy the requirements of water of the other party 13
hereto if those requirements would have to be satisfied otherwise by 14
discharge of water from the Dumaresq Storage." 15
27. Amendments to clause 43. Clause 43 of the Principal Agreement is 16
amended by-- 17
(a) omitting the words "Dumaresq Storage" where those words firstly 18
appear and inserting in their stead the words "Mingoola Gauging Station"; 19
(b) omitting the words "that storage" and inserting in their stead the 20
words "that station". 21
28. Amendments to clause 44. Clause 44 of the Principal Agreement is 22
amended by-- 23
(a) in paragraph (a), inserting after the words "Dumaresq River" the 24
words "upstream of the Mingoola Gauging Station"; 25
(b) omitting paragraph (b) and inserting in its stead the following 26
paragraph:-- 27
"(b) shall in each calendar month subsequent to the calendar month in 28
which the return referred to in the preceding paragraph (a) is 29
supplied supply to the Commission a return containing such 30
particulars as the Commission may require of all additional 31
licences, permits, authorities or approvals to divert water from the 32
24
New South WalesQueensland Border Rivers
Amendment
Border Rivers and from the tributaries of the Dumaresq River 1
upstream of the Mingoola Gauging Station granted in its State 2
during the preceding calendar month;" 3
(c) omitting paragraphs (c) and (d) and inserting in their stead the 4
following paragraph:-- 5
"(c) shall in each calendar month subsequent to the month in which 6
the return referred to in paragraph (a) of this clause is supplied 7
supply to the Commission a return in relation to all licences, 8
permits, authorities and approvals to divert water theretofore 9
notified to the Commission under paragraph (a) or (b) of this 10
clause containing such particulars as the Commission may 11
require of the cancellation, suspension or lapsing of the same or 12
any of them which has occurred, in the case of the first such 13
return, since the date to which the return supplied under 14
paragraph (a) of this clause was compiled and, in the case of each 15
subsequent such return, since the date to which the return last 16
made under paragraph (b) of this clause was compiled." 17
29. Amendment to clause 45. Clause 45 of the Principal Agreement is 18
amended by omitting the words "Dumaresq Storage" where those words 19
firstly appear and inserting in their stead the words "Mingoola Gauging 20
Station". 21
30. New clause 50. The Principal Agreement is amended by omitting 22
clause 50 and inserting in its stead the following clause:-- 23
"50. Marginal and other notes. The marginal and other notes placed 24
opposite or in and at the beginning of the several clauses or subclauses of 25
this Agreement purporting to indicate the contents or objects of such clauses 26
or subclauses respectively shall not be taken as part of this Agreement or in 27
any manner affect the construction of this Agreement or of any provision of 28
this Agreement." 29
31. New clause 50A. The Principal Agreement is amended by inserting 30
after clause 50 the following clause:-- 31
25
New South WalesQueensland Border Rivers
Amendment
"50A. Watershed of Dumaresq River, &c. For the purposes of this 1
Agreement the Dumaresq River and its tributaries upstream of the 2
Mingoola Gauging Station include every stream within the watershed of the 3
Dumaresq River upstream of that station." 4
32. Amendments to clause 51. Clause 51 of the Principal Agreement is 5
amended by-- 6
(a) in the definition "Border Rivers", 7
(i) omitting the word "Severn"; 8
(ii) adding the words "the actual border for the purposes of this 9
Agreement being the median line of the river in question"; 10
(b) omitting the definition "Carrier Rivers" and inserting in its stead the 11
following definition:-- 12
" "Carrier Rivers" means the parts of the Dumaresq, Macintyre and 13
Barwon Rivers constituting part of the boundary between New South 14
Wales and Queensland and located between the Mingoola Gauging 15
Station and the point where the Barwon River reaches the twenty-ninth 16
parallel of south latitude."; 17
(c) inserting after the definition "Diversion" the following definition:-- 18
" " Dumaresq Storage" means the storage and basin or basins which at the 19
relevant time are provided by any dam or dams constructed under this 20
Agreement on Pike Creek or on the Dumaresq River upstream of the 21
Mingoola Gauging Station or on a tributary of that river upstream of 22
that station."; 23
(d) inserting after the definition "Governor" the following definition:-- 24
" "Intersecting Streams" means the Moonie, Bokhara, Narran, Culgoa, 25
Ballandool, Warrego and Paroo rivers and the effluents and tributaries 26
thereof and any stream or watercourse which forms part of the Darling 27
River drainage system and crosses the New South WalesQueensland 28
border west of the town of Mungindi.". 29
26
New South WalesQueensland Border Rivers
Amendment
IN WITNESS WHEREOF the Premiers of the States of New South 1
Wales and Queensland have hereunto set their hands the day and year first 2
hereinbefore written. 3
SIGNED SEALED and DELIVERED ) 4
by The Honourable ROBIN WILLIAM ) 5
ASKIN the Premier of the State of New ) R.W. ASKIN 6
South Wales for and on behalf of that ) 7
State in the presence of-- ) L.S. 8
9
G.M. GRAY 10
11
SIGNED SEALED and DELIVERED ) 12
by The Honourable JOHANNES BJELKE- ) 13
PETERSEN the Premier of the State of ) J. BJELKE-PETERSEN 14
Queensland for and on behalf of that ) 15
State in the presence of-- ) L.S. 16
17
KEITH SPANN 18
27
New South WalesQueensland Border Rivers
Amendment
`SCHEDULE 3 1
`NEW SOUTH WALESQUEENSLAND BORDER 2
RIVERS AGREEMENT 1993 3
section 4 4
AN AGREEMENT made on 15 March 1993 between THE STATE OF 5
NEW SOUTH WALES and THE STATE OF QUEENSLAND. 6
WHEREAS-- 7
(a) an agreement was made between the States on 27 November 8
1946 (the "original agreement") that was approved and ratified 9
under-- 10
(i) the New South WalesQueensland Border Rivers Act, 1947 11
of the State of New South Wales; and 12
(ii) the New South WalesQueensland Border Rivers Act 1946 13
of the State of Queensland; and 14
(b) an agreement amending the original agreement was made 15
between the States on 4 November 1968 (the "amending 16
agreement") that was approved and ratified under-- 17
(i) the New South WalesQueensland Border Rivers 18
(Amendment) Act, 1968 of the State of New South Wales; 19
and 20
(ii) the New South WalesQueensland Border Rivers Act 21
Amendment Act 1968 of the State of Queensland; and 22
(c) the States desire to make further amendments of the original 23
agreement as amended by the amending agreement. 24
NOW IT IS AGREED as follows-- 25
28
New South WalesQueensland Border Rivers
Amendment
PART 1--PRINCIPAL AGREEMENT 1
Definition 2
1. In this agreement-- 3
"principal agreement" means the original agreement as amended by the 4
amending agreement. 5
Binding of States 6
2. The principal agreement continues to bind the States subject to the 7
amendments of the principal agreement made by this agreement. 8
PART 2--RATIFICATION OF AGREEMENT 9
Ratification 10
3.(1) This agreement-- 11
(a) is subject to ratification by the Parliaments of the States; and 12
(b) comes into effect when so ratified. 13
(2) Each State is to take all practicable steps to have this agreement 14
ratified. 15
PART 3--AMENDMENT OF PRINCIPAL 16
AGREEMENT 17
Amended agreement 18
4. The principal agreement is amended as set out in this agreement. 19
29
New South WalesQueensland Border Rivers
Amendment
Amendment of preamble 1
5. Preamble (after `streams' (last occurring))-- 2
insert `and that certain investigations be made in respect of groundwater 3
resources associated with the Carrier Rivers with a view to determining the 4
proportions or quantities of groundwater that should be available to the 5
States from those resources'. 6
Insertion of new cl. 14A 7
6. After clause 14-- 8
insert-- 9
`14A. Monitoring of groundwater. (1) The Commission must arrange 10
for the construction, maintenance, operation and control of an effective 11
system of monitoring groundwater. 12
`(2) Each of the States must, through its Controlling Authority-- 13
(a) record the matters it is directed by the Commission to record; and 14
(b) supply to the Commission the particulars the Commission from 15
time to time requires; 16
relating to monitoring carried out under subclause (1). 17
`(3) Any costs or expenses incurred by a party under subclause (2) are to 18
be borne by the Commission.'. 19
Amendment of cl. 15 (Certain powers and duties of Commission) 20
7.(1) After clause 15(a)-- 21
insert-- 22
`(b) may from time to time so far as may be necessary for giving 23
effect to this agreement determine any part of the groundwater 24
area to be a zone;'. 25
(2) Clause 15(b)-- 26
redesignate as clause 15(c). 27
30
New South WalesQueensland Border Rivers
Amendment
Amendment of cl. 16 (Functions of Commission) 1
8.(1) Clause 16(2)-- 2
omit `laboratory and engineering investigations', 3
insert `laboratory, engineering and hydrogeological investigations'. 4
(2) Clause 16(2)(e)-- 5
omit `streams.', insert `streams;'. 6
(3) After clause 16(2)(e)-- 7
insert-- 8
`(f) the carrying out of works on the Carrier Rivers for river 9
improvement purposes; 10
(g) in relation to groundwater-- 11
(i) its occurrence, quantity and quality; and 12
(ii) its potential for use, contamination or pollution; and 13
(iii) its interaction with surface water resources.'. 14
(4) Clause 16(3)(f)-- 15
omit `streams.', insert `streams;'. 16
(5) After clause 16(3)(f)-- 17
insert-- 18
`(g) the proportions or quantities of groundwater in any zone which 19
should be available to each of the parties; 20
(h) the interaction of surface water and groundwater in any zone.'. 21
Amendment of cl. 28 (Estimates of Expenditure) 22
9. Clause 28(2)-- 23
omit `in the month of March in each year commencing with the month of 24
March immediately preceding the expiration of the first period', 25
insert `, at such times in each year as may be agreed upon from time to 26
time between the Commission and the parties,'. 27
31
New South WalesQueensland Border Rivers
Amendment
Replacement of heading to Part V (DISTRIBUTION AND USE OF 1
WATERS) 2
10. Heading to Part V-- 3
omit, insert-- 4
`PART V--DISTRIBUTION AND USE OF SURFACE 5
WATERS'. 6
Amendment of cl. 33 (Apportionment of water) 7
11. Clause 33(1)(b)-- 8
omit `each year commencing on the first day of July', 9
insert `each water year'. 10
Amendment of cl. 37 (Determination of anticipated available quantity) 11
12. Clause 37(1) (wherever occurring)-- 12
omit `each year commencing on the first day of July', 13
insert `each water year'. 14
Insertion of new Part VA-- 15
13. After clause 42-- 16
insert-- 17
`PART VA--GROUNDWATER 18
`42A. Determinations relating to groundwater. (1) The Controlling 19
Authority of a State must take the steps it considers necessary to give effect 20
to any determination made by the Government of the State in respect of any 21
matter relating to the proportions or quantities of groundwater available to 22
the State. 23
`(2) A determination of a Government under subclause (1) must be 24
made following receipt by it of recommendations of the Commission 25
32
New South WalesQueensland Border Rivers
Amendment
concerning a matter mentioned in clause 16(3)(g). 1
`(3) Each of the States must confer on its Controlling Authority the 2
powers necessary to enable it to fulfil its obligations under this clause. 3
`42B. Use of groundwater. Subject to this agreement, each of the States 4
may use the groundwater to which it is entitled under this agreement for 5
such purposes as it may determine.'. 6
Insertion of new cl. 45A 7
14. After clause 45 (in Part VI)-- 8
insert-- 9
`45A. Statements relating to groundwater. (1) The Controlling 10
Authority of each State must-- 11
(a) at least once in each water year; and 12
(b) otherwise from time to time as and when required by the 13
Commission; 14
give to the Commission a written statement under this clause. 15
`(2) The statement must-- 16
(a) contain such particulars relating to groundwater as are required by 17
the Commission; and 18
(b) relate to such periods as are specified by the Commission. 19
`(3) The particulars relating to groundwater that may be required by the 20
Commission include particulars of the quantities of groundwater taken from 21
any zone.'. 22
Amendment of cl. 51 23
15.(1) Clause 51 (after the definition "Governor")-- 24
insert-- 25
` "Groundwater" means water occurring-- 26
33
New South WalesQueensland Border Rivers
Amendment
(a) in a geological structure or formation; or 1
(b) in an artificial landfill; 2
under the surface of the ground in the groundwater area, excluding 3
water from a formation in the Great Artesian Basin. 4
"Groundwater Area" means the area comprising-- 5
(a) part of the State of New South Wales; and 6
(b) part of the State of Queensland; 7
overlying alluvium containing groundwater associated with the Carrier 8
Rivers.'. 9
(2) Clause 51 (after the definitions "River" and "Tributary")-- 10
insert-- 11
` "Water Year" means-- 12
(a) the period-- 13
(i) beginning on the first 1 July occurring after this definition 14
comes into effect; and 15
(ii) ending on 30 September of the year after the year in which 16
the period begins; or 17
(b) the period of 12 months beginning at the end of the period to 18
which paragraph (a) applies and each successive period of 19
12 months; or 20
(c) any other period of 12 months fixed, for the purposes of this 21
paragraph, by the Controlling Authorities of the States and 22
approved by the Commission. 23
"Zone" means any part of the groundwater area determined by the 24
Commission to be a zone.'. 25
IN WITNESS OF WHICH the Premiers of the States of New South 26
Wales and Queensland have to this Agreement set their hands and seals on 27
the date first written above 28
34
New South WalesQueensland Border Rivers
Amendment
SIGNED SEALED AND DELIVERED 1
by The Honourable John Joseph Fahey 2
the Premier of the State of New South Wales for JOHN FAHEY 3
and on behalf of that State in the presence 4
of-- 5
6
R.B. WILKINS 7
8
9
10
11
12
SIGNED SEALED AND DELIVERED 13
by The Honourable Wayne Keith Goss 14
the Premier of the State of Queensland for WAYNE GOSS 15
and on behalf of that State in the presence 16
of-- 17
18
E. CASEY 19
20
© State of Queensland 1993
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