Queensland Bills Explanatory Notes Queensland Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
1
Lake Eyre Basin Agreement Bill 2001
LAKE EYRE BASIN AGREEMENT BILL
2001
EXPLANATORY NOTES
GENERAL OUTLINE
Policy Objectives of the Bill
The Lake Eyre Basin Agreement Bill 2001 (the Bill) provides the
Legislative Assembly with the opportunity to approve and ratify the Lake
Eyre Basin Intergovernmental Agreement. The Lake Eyre Basin
Intergovernmental Agreement is an agreement made between the
governments of Queensland, South Australia and the Commonwealth of
Australia, the aims of which are to ensure that: the water resources of the
Lake Eyre Basin are managed in a sustainable manner; the social, cultural
and environmental values of the Basin are protected; and the economic
values of the Basin are maintained and, if possible, enhanced. The
Agreement recognises that the management of the Basin which best serves
the object of sustainability, requires a joint cooperative approach between
the three governments.
Why the proposed legislation is necessary
The Lake Eyre Basin Intergovernmental Agreement requires the
ratification of the Agreement by the Parliaments of South Australia and
Queensland. The Agreement comes into effect once it has been so
approved and ratified.
Means of Achieving the Objectives
Clause 3 of the Bill provides for the approval and ratification of the
Agreement.
Estimated Cost of Implementation for Government
The cost of the arrangements to be established under the Agreement has
been set at $500,000. Queensland's share of this is to be $125,000, based
2
Lake Eyre Basin Agreement Bill 2001
on an agreed cost sharing of 50% Commonwealth, 25% Queensland, 25%
South Australia. Queensland's contribution is to be covered within current
Departmental funding, with no new funding required.
Consistency with Fundamental Legislative Principles
The Bill is consistent with FLPs.
Consultation
The Agreement has been developed with strong community support.
Consultation with all industry and community stakeholders has occurred at
all stages of the development of the Agreement. Prior to the signing of a
Heads of Agreement in May 1997 and leading up to signing of the
Agreement in October 2000, a discussion paper was published,
submissions received and responses provided. In addition, a number of
public meetings were held throughout the Basin. Since the Agreement was
signed a "Question and Answer" brochure explaining the Agreement has
been widely distributed throughout the Basin. There is general community
support for the Agreement. In addition, the Agreement provides for a
Basin-wide community advisory group to advise the Ministerial Forum,
thus ensuring continuing consultation with stakeholders.
Clause 1 provides for the short title of the Bill to be the Lake Eyre Basin
Agreement Act 2001.
Clause 2 defines the term "agreement" to mean Lake Eyre Basin
Intergovernmental Agreement, and provides that a copy of the agreement is
located in the schedule to the Bill.
Clause 3 provides for the ratification and approval of the agreement.
Clause 4 provides for the facilitation of the agreement. In particular, it
authorises the Minister and State to do anything reasonably necessary to
ensure the performance and observance of the agreement. This clause,
which is required under clause 9.3(a) of the agreement, in no way
authorises the Minister or State to act other than in accordance with the
appropriate laws, including the Water Act 2000.
The schedule to the Bill sets out the body of the agreement.
The Recitals to the agreement note:
· the ecological and environmental significance and high economic
worth of the Basin, the sustainability of which depends on the
3
Lake Eyre Basin Agreement Bill 2001
continued health of the Thomson/Barcoo/Cooper, Georgina and
Diamantina river systems (including their catchments, flood
plains, lakes, wetlands and overflow channels);
· that management of the Basin which best serves the object of
sustainability requires a joint cooperative approach between the
three governments;
· the agreement is premised on a Heads of Agreement dated 26
May 1997;
· the agreement provides for the establishment of arrangements for
the management of water and related natural resources of that
portion of the Basin identified in clause 1.1 of the agreement;
· that the agreement is entered into in recognition of the
Intergovernmental Agreement on the Environment dated 1 May
1992; and
· that the agreement is consistent with the Council of Australian
Government's National Water Reform Framework and the
Natural Heritage Trust Partnership agreements.
PART I--APPLICATION AND INTERPRETATION
Clause 1.1 defines the area to which the agreement applies (the
agreement area).
The remainder of clause 1 (clauses 1.2 to 1.6) provides for the
interpretation of the agreement. Clause 1.6, in particular, provides that
questions of interpretation of the agreement are to be raised in the
Ministerial Forum constituted under the agreement. Clause 1.6 obviously
would not oust the jurisdiction of a relevant court to consider any issue
relating to the interpretation of the agreement.
4
Lake Eyre Basin Agreement Bill 2001
PART II--PURPOSE AND OBJECTIVES
Clause 2.1 establishes that the purpose of the agreement is to develop,
adopt and implement policies and strategies relating to the management of
the water and related natural resources of the agreement area, particularly
so as to avoid or eliminate so far as reasonably practicable adverse cross-
border impacts.
Clause 2.2 provides the objectives of the agreement to be:
· to provide a means for the parties to come together in good faith
to achieve the purposes of the agreement;
· to define a process and context for raising and addressing those
water and related natural resource management issues in the
agreement area that have cross-border impacts, particularly
relating to water quantity and quality, and flow regimes;
· to establish institutional arrangements for the development and
adoption of policies and strategies and for the adoption of State
management plans;
· to provide each of the parties, so far as they are able within their
jurisdictions, to progress the implementation of policies and
strategies made under the agreement and to make appropriate
management and allocation decisions;
· to provide a mechanism to review policies and strategies;
· to provide for the parties to jointly promote and support the
management of water and related natural resources through a
cooperative approach between all relevant stakeholders;
· to encourage, promote and support water and related resource
management practices in accordance with the purpose of the
agreement;
· to encourage and promote research and monitoring in the
agreement area;
· to provide for the review and revision of the agreement; and
· to raise general public awareness of the special biodiversity and
heritage values of the agreement area.
5
Lake Eyre Basin Agreement Bill 2001
PART III--GUIDING PRINCIPLES
Clause 3.1 sets out the principles which will guide the consideration of
all issues and the making of all decisions under the agreement; particularly
that:
· the agreement area has important social, environmental,
economic and cultural values which need to be conserved and
promoted;
· aspects of the agreement area are valuable for aesthetic,
wilderness, cultural and tourism purposes;
· naturally variable flow regimes and the maintenance of water
quality are fundamental to the health of the aquatic ecosystems in
the agreement area;
· the water requirements for ecological processes, biodiversity and
ecologically significant areas within the agreement area should
be maintained, especially by means of flow variability and
seasonality;
· flooding throughout the catchments within the agreement area
significantly benefits pastoral activities and flood plain
ecosystem processes;
· the storage and use of water within and away from watercourses,
including associated ground water, is inter-linked, and that
resources throughout the catchments in the agreement area
should be managed on an integrated basis;
· a precautionary approach needs to be taken;
· natural resource management decisions need to be made within
the context of the National Strategy for Ecologically Sustainable
Development and other relevant national and international
obligations;
· the communities of the agreement area possess collective local
knowledge and experience of significant value; and
· that decisions need to be based on the best available scientific
and technical information together with the collective local
knowledge and experience of communities within the agreement
area.
6
Lake Eyre Basin Agreement Bill 2001
PART IV--ROLES OF THE PARTIES
This Part of the agreement sets out the responsibilities of the parties. In
short, the Commonwealth will be responsible primarily for matters relating
to Australia's international obligations, while the two State governments
are to comply with the agreement to the fullest extent possible whilst acting
in accordance with the relevant legislation of each State.
Clause 4.1 provides that the subsequent clauses are to guide the parties
in defining their roles, responsibilities and interests in relation to the
achievement of the objectives of the agreement.
Clause 4.2 requires the Commonwealth, when dealing with issues of
national interest, to ensure that the policies or practices of a State that affect
or might affect the water and related natural resources to which the
agreement applies, do not result in significant adverse external effects to
another State.
Clause 4.3 provides that when acting under clause 4.2, the
Commonwealth will have regard to the role of the States in dealing with
significant adverse external effects in accordance with the
Intergovernmental Agreement on the Environment, and any action taken
under that agreement.
Clause 4.4 requires the Commonwealth to monitor the activities of the
States in the agreement area to ensure that international obligations are met
in accordance with the Intergovernmental Agreement on the Environment.
Clause 4.5 makes the Commonwealth responsible for the management
(including operational policy) of natural resources on land which the
Commonwealth owns or which it occupies for its own use.
Clause 4.6 provides that the Commonwealth must ensure that matters of
national interest relating to environmental protection, sustainable
agriculture and water and related natural resources management in the
agreement area are addressed in consultation with the States.
Clause 4.7 requires the Commonwealth to consult with the States before
it enters any international agreement that may directly impact the
agreement area.
Clause 4.8 puts beyond doubt that each State continues to be responsible
for developing and implementing policy relating to matters concerning the
agreement area that have no significant effects on the water and related
natural resources of the area.
7
Lake Eyre Basin Agreement Bill 2001
Clause 4.9 provides that each State continues to be responsible for its
policy formulation and the administration of its legislation relevant to water
and related natural resource management within the agreement area, but in
so doing, to the fullest extent that it is able, each State is required to comply
with the agreement and applicable policies and strategies. Clause 4.9, in
addition, requires each State, as may be necessary, to use its best
endeavours to secure the passage of legislation through its Parliament for
the purpose of conforming with and implementing the agreement and any
policies and strategies developed or adopted under the agreement.
Clause 4.10 requires each State to assist in encouraging and promoting
research and monitoring in the agreement area, and to allow access to the
results of any such research and monitoring, to the extent that either State
controls such access.
Clause 4.11 requires each State, where appropriate, to consult with local
government in implementing the agreement and the policies and strategies
developed or adopted under it, in a manner which reflects the partnership
between the three tiers of government.
PART V--INSTITUTIONAL STRUCTURE
Clause 5.1 constitutes the ministerial forum.
Clause 5.2 provides that the ministerial forum consists of one Minister
from each State and one Minister of the Commonwealth.
Clause 5.3 provides for the eventuality where a member of the
ministerial forum is unable to attend a forum meeting or is otherwise
unable to perform the member's duties.
Clause 5.4 requires the ministerial forum to meet at least once in each
year but otherwise at such times as it sees fit. Furthermore, the forum is
empowered, subject to the agreement, to determine its own procedure.
Clause 5.5 provides that a resolution of the ministerial forum can be
carried only by unanimous vote.
Clause 5.6 provides that the chair of the ministerial forum will be the
Commonwealth Minister.
Clause 5.7 requires a permanent record of all resolutions of the
ministerial forum.
8
Lake Eyre Basin Agreement Bill 2001
Clause 5.8 charges the ministerial forum with the responsibility for
implementing the agreement.
Clause 5.9 requires the ministerial forum to ensure that it has satisfactory
access to community advice in relation to matters pertaining to the
agreement.
Clause 5.10 goes on to provide that to meet the requirement of clause
5.9, the ministerial forum may either:
· adopt one or more independently formed groups, committees or
bodies to provide community advice representation and
feedback; or
· appoint the members of a committee to perform that function.
Clause 5.11.1 requires that the community consultation must provide for
appropriate representation of: Aboriginal interests; pastoral interests;
agricultural interests; mining and petroleum interests; conservation
interests; tourism interests; and matters and interests affecting those parts
of the Cooper Creek and Diamantina River systems falling within the
agreement area.
Clause 5.11.2 details the roles to be satisfactorily performed as part of
the ministerial forum's consultation process.
Clause 5.12 sets out issues to apply when the ministerial forum adopts an
independently formed group to provide advice. In particular, subject to
funds being available under the agreement, the adopted group may receive
such allowances and expenses as the ministerial forum may determine.
Further, the clause provides that the ministerial forum may at any time
determine that an adopted group will cease to be its provider of advice;
however, the ministerial forum must within a reasonable time (and in any
event before any relevant significant decisions are made) replace that
source of community advice in accordance with the agreement.
Clause 5.13 applies when the ministerial forum chooses to appoint a
committee to provide community advice, representation and feedback, in
which case:
· each member is to be appointed by the forum;
· when appointing members to represent Aboriginal interests the
forum will have regard, as a fundamental element of its
decisions, to the recommendations made by the Aboriginal
communities of the agreement area;
9
Lake Eyre Basin Agreement Bill 2001
· the forum may appoint members to the committee to fill
vacancies;
· the forum, at any time, may appoint additional members to a
committee;
· appointment of members to a committee will be for a period of
three years with the proviso that members may be eligible for re-
appointment for such terms as the forum thinks appropriate;
· subject to the availability of funds under the agreement, a
committee member will receive such allowances and expenses as
the forum determines;
· the forum, at any time but only under specified conditions, may
terminate the appointment of individual members or disband a
committee; and
· the forum may appoint to a committee the individual members of
a group, committee or body independently formed.
PART VI--CONFERENCE
Clause 6.1 provides that the ministerial forum may arrange conferences
to be attended by the members of the forum, members of committees
appointed or adopted under the agreement and of other interested groups,
interested individuals, scientific and technical advisers and senior
government officers.
Clause 6.2 requires there to be a conference at least once before the
second anniversary of the effective date of the agreement. Thereafter,
conferences should be held, at least, biennially.
Clause 6.3 provides that the purpose of a conference will be to exchange
information and views on issues relevant to the operation of the agreement.
10
Lake Eyre Basin Agreement Bill 2001
PART VII--SCIENTIFIC AND TECHNICAL ADVICE
Clause 7.1 provides that the ministerial forum may seek scientific and
technical advice relevant to the agreement from whatever source it
considers appropriate. In particular, scientific and technical advice may be
obtained in relation to the identification of requirements for the effective
monitoring of the condition of the rivers and catchments within the
agreement area and the establishment of programs to meet those
requirements.
Clause 7.2 allows the ministerial forum to establish a panel of scientists
and technicians for the purpose of providing relevant advice to it.
PART VIII--POLICIES AND STRATEGIES
Clause 8.1 requires the ministerial forum, without unnecessary delay, to
develop or adopt policies and strategies in accordance with the purpose,
objectives and principles of the agreement.
Clause 8.2, in addition, empowers the ministerial forum to vary or
revoke policies and strategies, and to make supplementary policies and
strategies.
Clause 8.3 provides that the ministerial forum may adopt management
plans prepared by the States providing those plans are consistent with the
agreement and with the relevant policies developed or adopted under the
agreement. Once adopted, such plans are treated as plans of the ministerial
forum made under the agreement.
Clause 8.4 determines that the policies and strategies under the
agreement will provide for such matters as the ministerial forum thinks fit,
including but not being limited to:
· objectives for water quality and river flows;
· objectives for water and related natural resource management in
the agreement area for the achievement of the water quality and
river flow objectives;
11
Lake Eyre Basin Agreement Bill 2001
· catchment management policies and strategies for the
achievement, as far as practicable, of the water quality and river
flow objectives;
· policies for dealing with relevant existing entitlements under
State laws and significant water related developments; and
· research and monitoring requirements and programs to meet
those requirements.
PART IX--RATIFICATION AND EFFECTIVE DATE
Clause 9.1 provides that aside from this Part of the agreement, the
remainder of the agreement is subject to the approval and ratification by the
Parliaments of South Australia and Queensland, at which time the
agreement will come into effect.
Clause 9.2 requires that any amendment to the agreement, including the
addition or amendment of a schedule approved by the ministerial forum
under clause 10 or 12, is subject to approval and ratification by the
Parliaments of South Australia and Queensland and will come into effect
only when so approved and ratified.
Clause 9.3 requires each State to take all practical steps to seek the
enactment of legislation:
· approving and ratifying the agreement, and any amendment to
the agreement; and
· authorising and requiring the performance and observance of the
agreement by the Government of the State.
PART X--REVIEW AND AMENDMENT
Clause 10.1 requires the ministerial forum to cause a review of the
operation of the agreement and the extent to which the objectives of the
agreement have been met, to be undertaken without unnecessary delay after
12
Lake Eyre Basin Agreement Bill 2001
the fifth anniversary of the effective date of the agreement, and thereafter
on a ten yearly basis.
Clause 10.2 requires a report of a review to be tabled in the Parliament of
each State and presented to the Commonwealth Minister within 12 months
of its completion.
Clause 10.3 requires the ministerial forum to cause a review of all
policies and strategies to be undertaken without unnecessary delay after the
fifth anniversary of the development or adoption of the particular policies
and strategies, and thereafter as necessary but not less frequently than on a
ten yearly basis.
Clause 10.4 requires the ministerial forum to cause a review of the
condition of all watercourses and catchments within the agreement area to
be undertaken without unnecessary delay after the effective date of the
agreement, and thereafter on a ten yearly basis.
Clause 10.5 provides that the ministerial forum may approve
amendments to the agreement, including amendments to or addition of
schedules to the agreement. However, as provided for in clause 9.2, any
amendment to the agreement, including the addition or amendment of a
schedule, is subject to approval and ratification by the Parliaments of South
Australia and Queensland and will come into effect only when it is so
approved and ratified.
PART XI--FUNDING AND ACCOUNTABILITY
ARRANGEMENTS
Clause 11.1 provides that, subject to the availability of the respective
appropriations, the parties will make available all necessary financial and
other resources for the establishment and operation of the ministerial forum
and associated institutional arrangements.
Clause 11.2 provides that the parties are to determine and agree upon
appropriate cost-sharing arrangements, reflecting their respective roles and
responsibilities under the agreement.
Clause 11.3 requires any advisory group appointed or adopted under Part
V of the agreement, that is funded under the agreement, to produce to the
ministerial forum, each financial year, a full account of its application of all
13
Lake Eyre Basin Agreement Bill 2001
funds received by it together with a report of its activities towards which
such funding has been applied.
PART XII--FURTHER PARTIES
Clause 12.1 provides the conditions on which New South Wales and the
Northern Territory may become parties to the agreement.
Clause 12.2 empowers the ministerial forum to approve a schedule made
under clause 12.1(b), prescribing the terms and conditions on which New
South Wales or the Northern Territory may become parties to the
agreement.
Clause 12.3 provides that the agreement will not apply to New South
Wales or the Northern Territory until:
· a copy of the agreement incorporating the schedule provided for
in clause 12.1(b) has been signed on behalf of that State or
Territory and the Parliament of that State or Territory has
approved the agreement, including the schedule; and
· the schedule has been approved and ratified by the States under
Part IX.
Clause 12.4 requires each State to take the steps referred to in Part IX for
the approval and ratification of any schedule approved by the ministerial
forum under this clause.
PART XIII--GENERAL
Clause 13 provides that the agreement may be executed in any number
of counterparts and all of those counterparts taken together constitute one
and the same instrument.
© State of Queensland 2001