South Australian Consolidated Acts South Australian Consolidated ActsDATED THE 21ST DAY OF OCTOBER 2000
AGREEMENT
BETWEEN
THE COMMONWEALTH OF AUSTRALIA
-AND-
THE STATE OF QUEENSLAND
-AND-
THE STATE OF SOUTH AUSTRALIA
|
INDEX TO LAKE EYRE BASIN INTERGOVERNMENTAL AGREEMENT | |
|
Part I - Application and Interpretation | |
|
Part II - Purpose and Objectives | |
|
Part III - Guiding Principles | |
|
Part IV - Roles of the Parties | |
|
Part V - Institutional Structure | |
|
Part VI - Conference | |
|
Part VII - Scientific and Technical Advice | |
|
Part VIII - Policies and Strategies | |
|
Part IX - Ratification and Effective Date | |
|
Part X - Review and Amendment | |
|
Part XI - Funding and Accountability Arrangements | |
|
Part XII - Further Parties | |
|
Part XIII - General |
LAKE EYRE BASIN INTERGOVERNMENTAL AGREEMENT
AN AGREEMENT MADE THE 21ST DAY OF OCTOBER 2000
BETWEEN:
THE COMMONWEALTH OF AUSTRALIA
AND
THE STATE OF QUEENSLAND
AND
THE STATE OF SOUTH AUSTRALIA
RECITALS:
A. The Lake Eyre Basin
has within its boundaries areas of national and international ecological and
environmental significance, areas of high economic worth from activities such
as pastoralism, tourism, oil and gas extraction and mining, and areas of
social, cultural and heritage value, the sustainability of much of which
depends upon the continued health of the Thomson/Barcoo/Cooper, Georgina and
Diamantina river systems within Queensland and South Australia (as defined in
the Australian National Map Drainage Divisions and Basins and including their
catchments, flood plains, lakes, wetlands and overflow channels).
B. Management of the
Lake Eyre Basin which will best serve the object of sustainability requires a
joint cooperative approach between the States of Queensland and South
Australia and the Commonwealth.
C. The Parties to this
Agreement entered into a Heads of Agreement dated 26 May 1997 whereby it was
agreed that the above approach should be embodied in a formal interstate
Agreement ratified by the Parliaments of each State.
D. This Agreement is
entered into by the Parties in accordance with the Lake Eyre Basin Heads of
Agreement, and is to provide for the establishment of arrangements for the
management of water and related natural resources for that portion of the Lake
Eyre Basin identified as the Lake Eyre Basin Agreement Area in Clause 1.1,
including the development or adoption, and implementation of agreed Policies
and Strategies for the avoidance of adverse cross-border impacts and the
creation of a relevant institutional structure.
E. This Agreement is
also entered into in recognition of the provisions of the Intergovernmental
Agreement on the Environment dated 1 May 1992 between the Commonwealth, all
States and Territories, and the Australian Local Government Association, that
States use their best endeavours to establish appropriate mechanisms for
ensuring cooperative management where significant adverse external effects on
another State are expected and identified, and that the role of government is
to establish the policy, legislative and administrative framework to determine
the permissibility of land use, resource use or development proposals having
regard to the appropriate, efficient and ecologically sustainable use of
natural resources, and to provide for the consideration of regional
implications where proposals for the use of a resource affect several
jurisdictions.
F. The provisions of
this Agreement are consistent with the Council of Australian Governments'
National Water Reform Framework and the Natural Heritage Trust Partnership
Agreements.
THE PARTIES AGREE AS FOLLOWS:
Part I-Application and Interpretation
Application
1.1 This Agreement
applies to that area of the Lake Eyre Basin (the Agreement Area) encompassing
portions of Queensland and South Australia, as depicted in Schedule 1 of this
Agreement, including within that area the following river systems and
associated catchments, floodplains, overflow channels, lakes, wetlands and
sub-artesian waters dependent on surface flows:
(a) the
Cooper Creek system including the Thomson and Barcoo Rivers, and associated
tributaries; and
(b) the
Diamantina River system, including the Georgina River, and including Warburton
Creek in South Australia, and associated tributaries.
Definitions
1.2 In this Agreement
save where inconsistent with the context:
"Ecosystem" means a community of organisms, interacting with one another, and
the natural resources comprising the environment in which those organisms live
and with which they also interact.
"Lake Eyre Basin Agreement Area" means the area referred to in clause 1.1 to
which the Agreement applies.
"Management Plan" means a plan or other document of a State that has been
adopted by the Ministerial Forum.
"Ministerial Forum" means the group of Ministers of the Crown in right of the
Commonwealth and the State parties constituted under Part V.
"Natural resources" means water, soil, the atmosphere, plants, animals and
micro-organisms that maintain and form components of ecosystems.
"Principles" means the guiding principles referred to in Part III.
"Policy" means a document setting out a course or line of action developed or
adopted and pursued by the Ministerial Forum for the purpose of implementing
this Agreement.
"Related natural resources" means natural resources the use or management of
which affects or might affect, or is or might be affected by the quantity or
quality of water in the water systems described in clause 1.1 of this
Agreement, or the ecosystems of which such water is a component part.
"Strategy" means a document setting out a course or line of action developed
or adopted and pursued by the Ministerial Forum for the purpose of
implementing a Policy.
Interpretation
1.3 In this Agreement,
unless the context otherwise requires:
(a) a
reference to any law or legislation or legislative provision includes any
statutory modification or re-enactment of, or legislative provision
substituted for, and any subordinate legislation issued under, that
legislation or legislative provision;
(b) a
reference to a Recital, Clause or Schedule is to a recital, clause or schedule
in this Agreement;
(c) a
reference to a person includes a corporation, partnership, joint venture,
association, authority, trust, state or government;
(d) the
singular includes the plural and vice versa
(e) a
reference to any gender includes the other gender;
(f) a
reference to any agreement or document is to that agreement or document (and,
where applicable, any of its provisions) as amended, novated, supplemented or
replaced from time to time; and
(g) a
reference to "amendment" includes addition, alteration, deletion, extension,
modification and variation.
1.4 In this Agreement,
headings are for convenience of reference only and do not affect
interpretation.
1.5 In the
interpretation of a provision of this Agreement, a construction that would
promote the purpose or object underlying the Agreement (whether or not that
purpose or object is expressly stated in the Agreement) will be preferred to a
construction that would not promote that purpose or object.
1.6 Questions of
interpretation of this Agreement are to be raised in the Ministerial Forum.
Part II-Purpose and Objectives
Purpose
2.1 The purpose of
this Agreement is to provide for the development or adoption, and
implementation of Policies and Strategies concerning water and related natural
resources in the Lake Eyre Basin Agreement Area to avoid or eliminate so far
as reasonably practicable adverse cross-border impacts.
Objectives
2.2 The objectives of
this Agreement are:
(a) to
provide a means for the Parties to come together in good faith to achieve the
purposes of the Agreement;
(b) to
define a process and context for raising and addressing water and related
natural resource management issues in the Lake Eyre Basin Agreement Area that
have cross-border impacts, particularly those related to water quantity and
quality, and flow regimes;
(c) to
establish institutional arrangements for the development or adoption of
Policies and Strategies and for the adoption of any relevant management plans
established by a State;
(d) to
provide for each of the Parties, so far as they are able within their
respective jurisdictions, to progress the implementation of Policies and
Strategies developed or adopted under this Agreement and to make management
decisions and allocate resources accordingly;
(e) to
provide a mechanism to review Policies and Strategies;
(f) to
provide for the parties to jointly promote and support the management of water
and related natural resources through a cooperative approach between
community, industry and other stakeholders, and all levels of government in
the sustainable management of the Lake Eyre Basin Agreement Area;
(g) to
encourage, promote and support water and related resource management practices
which are compatible with the spirit and intent of the Agreement;
(h) to
encourage and promote research and monitoring to improve understanding and
support informed decision making in the Lake Eyre Basin Agreement Area;
(i)
to provide for the review and, if necessary, revision of
the Agreement from time to time; and
(j) to
raise general public awareness of the special biodiversity and heritage values
of the Lake Eyre Basin Agreement Area.
Part III-Guiding Principles
3.1 Consideration of
all issues and the making of all decisions under this Agreement will be guided
by the following Principles, namely that it be acknowledged:
(a) that
the Lake Eyre Basin Agreement Area has important social, environmental,
economic and cultural values which need to be conserved and promoted;
(b) that
there are landscapes and watercourses in the Lake Eyre Basin Agreement Area
that are valuable for aesthetic, wilderness, cultural and tourism purposes;
(c) that
naturally variable flow regimes and the maintenance of water quality are
fundamental to the health of the aquatic ecosystems in the Lake Eyre Basin
Agreement Area;
(d) that
the water requirements for ecological processes, biodiversity and ecologically
significant areas within the Lake Eyre Basin Agreement Area should be
maintained, especially by means of flow variability and seasonality;
(e) that
flooding throughout the catchments within the Lake Eyre Basin Agreement Area
is beneficial in that it makes a significant contribution to pastoral
activities as well as flood plain ecosystem processes;
(f) that
the storage and use of water both within and away from watercourses, and the
storage and use of water from associated ground water, are all linked and
should be considered together, and that water resources throughout catchments
within the Lake Eyre Basin Agreement Area should be managed on an integrated
basis;
(g) that
precautionary approaches need to be taken so as to minimise the impact on
known environmental attributes, and reduce the possibility of affecting poorly
understood ecological functions;
(h) that
natural resource management decisions need to be made within the context of
the National Strategy for Ecologically Sustainable Development and relevant
national and international obligations;
(i)
that the collective local knowledge and experience of the
Lake Eyre Basin Agreement Area communities are of significant value; and
(j) 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 Lake Eyre Basin Agreement Area.
Part IV-Roles of the Parties
Responsibilities and Interests of all Parties
4.1 The following will
guide the Parties in defining the roles, responsibilities and interests of the
Parties in relation to the achievement of the objectives of this Agreement.
Responsibilities and Interests of the Commonwealth
4.2 The
responsibilities and interests of the Commonwealth in safeguarding and
accommodating matters of national interest include ensuring that the policies
or practices of a State that affect or might affect the water and related
natural resources to which this Agreement applies, do not result in
significant adverse external effects in relation to another State.
4.3 When considering
its responsibilities and interests 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 requirements of the Intergovernmental Agreement
on the Environment, and any action taken pursuant to that Agreement.
4.4 The Commonwealth
will monitor the activities of the States in the Lake Eyre Basin Agreement
Area to ensure Australia meets its international obligations in accordance
with the Intergovernmental Agreement on the Environment.
4.5 The Commonwealth
has responsibility for the management (including operational policy) of
natural resources on land which the Commonwealth owns or which it occupies for
its own use.
4.6 The Commonwealth
will ensure that matters of national interest relating to environmental
protection, sustainable agriculture and water and related natural resources
management in the Lake Eyre Basin Agreement Area are appropriately addressed
in consultation with the States.
4.7 The Commonwealth
will consult with the States as required by the Intergovernmental Agreement on
the Environment prior to entry into any international agreement which may
directly impact on the Lake Eyre Basin Agreement Area.
Responsibilities and Interest of the States
4.8 Each State will
continue to have responsibility for the development and implementation of
policy in relation to matters concerning the Lake Eyre Basin Agreement Area
which have no significant effects on the water and related natural resources
of the Lake Eyre Basin Agreement Area.
4.9 Each State will
continue to have responsibility for its policy formulation and the
administration of its legislation relevant to water and related natural
resource management within the Lake Eyre Basin Agreement Area, but in so doing
will, to the fullest extent that it is able, comply with this Agreement and
any applicable Policies and Strategies developed or adopted under it. Further,
to the extent that may be necessary, each State will use its best endeavours
to secure the passage through its respective Parliament of legislation for the
purpose of conforming with and implementing this Agreement and any such
Policies and Strategies.
4.10 Each State will
assist in the encouragement and promotion of research and monitoring to
facilitate informed decision making for the Lake Eyre Basin Agreement Area,
and the sharing of access to the results of such research and monitoring so
far as either State may control such access.
4.11 Each State will
consult with and involve Local Government (where relevant) in the
implementation of this Agreement and the Policies and Strategies developed or
adopted under it to the extent that State statutes and administrative
arrangements authorise or delegate relevant responsibilities to Local
Government, and in a manner which reflects the concept of partnership between
the Commonwealth, State and Local Governments.
Part V-Institutional Structure
Constitution of the Ministerial Forum
5.1 The Ministerial
Forum is constituted.
5.2 The Ministerial
Forum will consist of one Minister from each State and one Minister of the
Commonwealth. Each Party will appoint its Minister from time to time, by
notice in writing to each other Party.
5.3 Whenever a member
of the Ministerial Forum is:
(a)
unable for any reason to attend a meeting of the Ministerial Forum; or
(b)
otherwise unable to perform the duties of a member of the Ministerial Forum,
another Minister of that State or the Commonwealth will be appointed to act in
the place of that member, and while so acting that other Minister will have
all the responsibilities and perform all the duties of that member.
Procedures of the Ministerial Forum
5.4 The Ministerial
Forum will meet at least once in each year but otherwise at such times as it
sees fit and will, subject to this Agreement, determine its own procedure.
5.5 A resolution
before the Ministerial Forum will be carried only by a unanimous vote.
5.6 The Commonwealth
Minister will act as the chair of the Ministerial Forum.
5.7 A permanent record
of all resolutions of the Ministerial Forum will be kept.
Functions of the Ministerial Forum
5.8 The Ministerial
Forum will be responsible for the implementation of this Agreement.
Community Advice and Representation
5.9 The Ministerial
Forum will ensure that it has satisfactory access to community advice in
relation to matters relevant to this Agreement.
5.10 For that purpose
the Ministerial Forum may either:
5.10.1 adopt one or
more independently formed groups, committees or bodies to provide community
advice representation and feedback; or
5.10.2 appoint the
members of a committee to perform that function.
5.11 Whichever means
of access to community advice the Ministerial Forum selects the following will
apply:
5.11.1 There will be
appropriate representation of:
(a)
Aboriginal interests;
(b)
pastoral interests;
(c)
agricultural interests;
(d)
mining and petroleum interests;
(e)
conservation interests;
(f)
tourism interests;
(g)
matters and interests affecting the Cooper Creek River system as referred to
in clause 1.1 of this Agreement; and
(h)
matters and interests affecting the Diamantina River system as referred to in
clause 1.1 of this Agreement; and
5.11.2 The following
roles will be satisfactorily performed:
(a)
representation of the various interests referred to in sub-clause 5.11.1;
(b) the
seeking out of community views relevant to matters covered by this Agreement
and the communication of those views to the Ministerial Forum;
(c) the
communication of decisions and initiatives of the Ministerial Forum to the
various communities; and
(d) the
performance of such other functions relevant to this Agreement as the
Ministerial Forum may require.
5.12 This clause will
apply if the Ministerial Forum chooses to adopt one or more independently
formed groups, committees or bodies to provide advice representation and
feedback.
(a)
Subject to the availability of funds under Part XI of this Agreement, the
independently formed groups committees and bodies will receive such allowances
and expenses as the Ministerial Forum may from time to time determine, such
payments to be disbursed or divided amongst individual members in such manner
as those groups committees or bodies may themselves decide.
(b) The
Ministerial Forum may at any time determine that any one or more or all of the
adopted groups committees or bodies will cease to be its provider of community
advice, representation and feedback provided however that the Ministerial
Forum will within a reasonable time (and in any event before any relevant
significant decisions are made) replace that source of community advice in
accordance with this Agreement.
5.13 This clause will
apply if the Ministerial Forum chooses to appoint a committee to provide
community advice, representation and feedback.
(a) Each
member will be appointed by the Ministerial Forum.
(b) In
appointing members to represent Aboriginal interests the Ministerial Forum
will have regard, as a fundamental element of its decisions, to such
recommendations as the Aboriginal communities of the Lake Eyre Basin Agreement
Area may choose to make.
(c) The
Ministerial Forum may appoint members of the committee from time to time to
fill vacancies.
(d) The
Ministerial Forum may at any time appoint to the committee such additional
members as it thinks fit.
(e) The
appointment of members of the committee will be for a period of three years
from the date of each appointment provided however that members will be
eligible for re-appointment for such terms from time to time as the
Ministerial Forum thinks appropriate.
(f)
Subject to the availability of funds under Part XI of this Agreement, a member
of the committee will receive such allowances and expenses as the Ministerial
Forum may from time to time determine.
(g) The
Ministerial Forum may at any time terminate the appointment of individual
members or disband the committee:
(i)
if of the opinion that the member or members or the
committee is or are no longer substantially representing the interest or
matters in respect of which the member or members or the committee as the case
may be was or were appointed; or
(ii)
for such reason as the Ministerial Forum considers
appropriate, provided however that the Ministerial Forum will within a
reasonable time (and in any event before any relevant significant decisions
are made) appoint or re-appoint members of the committee in accordance with
this Agreement, or, if the whole committee has been disbanded, replace that
source of community advice in accordance with this Agreement.
(h) The
Ministerial Forum may appoint to the committee the individual members of a
group, committee or body independently formed. To the extent that may be
necessary to satisfy the requirements of this Agreement, the Ministerial Forum
will appoint additional members.
Part VI-Conference
6.1 The Ministerial
Forum may from time to time arrange a conference to be attended by the members
of the Ministerial Forum, members of committees appointed or adopted under
this Agreement and of other interested groups, interested individuals,
scientific and technical advisers and senior government officers.
6.2 There will be a
conference at least once before the second anniversary of the effective date
of this Agreement and thereafter on at least a biennial basis.
6.3 The purpose of
such conferences will be to exchange information and views on issues relevant
to the operation of this Agreement.
Part VII-Scientific and Technical Advice
7.1 The Ministerial
Forum may seek scientific and technical advice relevant to this Agreement from
such persons or bodies as it thinks appropriate. In particular, the
Ministerial Forum may obtain scientific and/or technical advice in relation to
the identification of requirements for the effective monitoring of the
condition of the rivers and catchments within the Lake Eyre Basin Agreement
Area and the establishment of programs to meet those requirements.
7.2 The Ministerial
Forum may if it thinks appropriate, establish a panel of scientists and
technicians for the purpose of providing advice to the Ministerial Forum
relevant to this Agreement.
Part VIII-Policies and Strategies
8.1 The Ministerial
Forum will, without unnecessary delay, develop or adopt Policies and
Strategies for the management of the Lake Eyre Basin Agreement Area in
accordance with the purpose, objectives and Principles set out in this
Agreement.
8.2 The Ministerial
Forum may vary or revoke such Policies and Strategies, and may make
supplementary Policies and Strategies.
8.3 The Ministerial
Forum may adopt management plans prepared by the States if those plans are
consistent with this Agreement and with the Policies developed or adopted by
the Ministerial Forum for the management of the Lake Eyre Basin Agreement
Area, and once adopted, such management plans prepared by the States will be
treated as plans of the Ministerial Forum under this Agreement.
Content of Policies and Strategies
8.4 The Policies and
Strategies will make provision for such matters as the Ministerial Forum
thinks fit, including but not limited to:
(a)
objectives for water quality and river flows;
(b)
objectives for water and related natural resource management in the Lake Eyre
Basin Agreement Area for the achievement of the water quality and river flow
objectives;
(c)
catchment management policies and strategies for the achievement, as far as
practicable, of the water quality and river flow objectives;
(d)
policies for dealing with relevant existing entitlements under State laws and
significant water related developments; and
(e)
research and monitoring requirements and programs to meet those requirements.
Part IX-Ratification and Effective Date
9.1 This Agreement,
other than Part IX, is subject to approval and ratification by the Parliaments
of South Australia and Queensland and will come into effect when so approved
and ratified by the Parliaments of both States.
9.2 Any amendment of
this 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 when so approved and ratified.
9.3 Each State will
take all practical steps to seek the enactment of legislation:
(a)
approving and ratifying this Agreement, and any amendment to this Agreement
which may be approved by the Ministerial Forum from time to time, on behalf of
the State; and
(b)
authorising and requiring the performance and observance of this Agreement by
the Government of the State.
Part X-Review and Amendment
Review
10.1 The Ministerial
Forum must cause a review of:
(a) the
operation of this Agreement; and
(b) the
extent to which the objectives set out in Clause 2.2 of this Agreement have
been achieved,
to be undertaken without unnecessary delay after the fifth anniversary of the
effective date of this Agreement, and thereafter on a ten yearly basis.
10.2 A report of each
review required under clause 10.1 is to be tabled in the Parliament of each
State and presented to the Commonwealth Minister within 12 months after
completion of it.
10.3 The Ministerial
Forum must cause a review of all Policies and Strategies to be undertaken
without unnecessary delay after the fifth anniversary of the development or
adoption of them, and thereafter as necessary but in any event not less
frequently than every ten years.
10.4 The Ministerial
Forum must cause a review of the condition of all watercourses and catchments
within the Lake Eyre Basin Agreement Area to be undertaken without unnecessary
delay after the effective date of this Agreement, and thereafter on a ten
yearly basis.
Amendment
10.5 The Ministerial
Forum may approve such amendments to this Agreement, including amendments to
or addition of schedules to this Agreement, as the Ministerial Forum considers
desirable from time to time.
Part XI-Funding and Accountability Arrangements
11.1 Subject to the
availability of respective appropriations, the Commonwealth and the States
will make available all necessary financial and other resources for the
establishment and operation of the Ministerial Forum and associated
institutional arrangements.
11.2 The Commonwealth
and the States will determine and agree appropriate cost-sharing arrangements
which reflect their respective roles and responsibilities under this
Agreement.
11.3 Any group
committee or body appointed or adopted under Part V and which receives funding
under this Agreement will produce to the Ministerial Forum in respect of each
financial year a full account of its application of all funds received by it
together with a report of its activities towards which such funding has been
applied.
Part XII-Further Parties
Accession by New Parties
12.1 The State of New
South Wales and the Northern Territory may become parties to this Agreement:
(a) with
the consent of the existing Parties; and
(b) on
such terms and conditions as may be prescribed by the existing Parties in a
Schedule to this Agreement.
12.2 The Ministerial
Forum may approve any Schedule prepared pursuant to Clause 12.1(b).
12.3 This Agreement
will not apply to the State of New South Wales or the Northern Territory
until:
(a) a
copy of the Agreement incorporating the Schedule provided for in Paragraph
12.1(b) has been signed on behalf of that State or Territory and the
Parliament of that State or Territory has approved this Agreement, including
the Schedule; and
(b) the
Schedule has been approved and ratified by the States under Part IX.
12.4 Each State will
take 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
Counterparts
13. This Agreement may
be executed in any number of counterparts and all of those counterparts taken
together constitute one and the same instrument.
|
Signed by The Minister for the Environment and Heritage of the Commonwealth
this 13th day of October 2000 in the presence of |
} | |
|
| | |
|
Witness | | |
|
Signed by The Minister for Environment and Heritage and Natural Resources of
the State of Queensland this 21st day of October 2000 in the presence of |
} | |
|
| | |
|
Witness | | |
|
The Common Seal of Minister for Water Resources of the State of South
Australia affixed this 21st day of October 2000 in the presence of |
} | |
|
| | |
|
Witness | | |
Schedule 1:
THE LAKE EYRE BASIN AGREEMENT AREA
Schedule 2
DEED dated the Tenth day of June 2004 .
BETWEEN:
THE COMMONWEALTH OF AUSTRALIA ("the Commonwealth")
AND
THE STATE OF QUEENSLAND ("Queensland")
AND
THE STATE OF SOUTH AUSTRALIA ("South Australia")
AND
THE NORTHERN TERRITORY OF AUSTRALIA ("the Northern Territory")
BACKGROUND
1. On the 21st day of
October 2000, the Commonwealth, Queensland and South Australia ("the Original
Parties") entered into the LAKE EYRE BASIN INTERGOVERNMENTAL AGREEMENT ("the
Original Agreement") to provide for the establishment of arrangements for the
management of water and related natural resources for that portion of the Lake
Eyre Basin as identified in Clause 1.1 of the Agreement.
2. The Northern
Territory wishes to become a party to the Original Agreement.
3. The Original
Parties:
a. have agreed to
admit the Northern Territory as a party to the Original Agreement; and
b. wish to amend
certain provisions of the Original Agreement as set out in this Deed.
OPERATIVE PART:
(a)
"Effective Date" means, pursuant to clause 12 of the Original Agreement, the
date on which this Deed is approved and ratified by the Parliaments of
Queensland, South Australia and the Northern Territory.
(b) All
other capitalised terms used in this Deed have the meaning given to them in
the Original Agreement.
On and from the Effective Date the Northern Territory:
(a)
becomes a Party to the Original Agreement; and
(b) is
bound by the terms of the Original Agreement in all respects as if the
Northern Territory had been named as a Party to the Original Agreement.
3. AMENDMENTS TO THE AGREEMENT
The Original Agreement is varied in the following manner:
(a) by
removing clause 1.1 and replacing it with the following clause:
"1.1 This Agreement applies to that area of the
Lake Eyre Basin (the Agreement Area) encompassing portions of Queensland,
South Australia and the Northern Territory of Australia, as depicted in
Schedule 1 of this Agreement, including within that area the following river
systems and associated catchments, floodplains, overflow channels, lakes,
wetlands and sub-artesian waters dependent on surface flows of:
a. the Cooper Creek
system and associated tributaries in Queensland and South Australia;
b. the Diamantina
River system and associated tributaries in Queensland and South Australia;
c. the Georgina river
system and associated tributaries in Queensland, South Australia and the
Northern Territory;
d. the Hay River
system and associated tributaries in Queensland and the Northern Territory;
and
e. the Finke River and
Todd River systems and associated tributaries in the Northern Territory.
(b) by
adding the following sub-clause (h) to clause 1.3:
"a reference to a "State" includes the Northern Territory."
(c) by
removing sub-clause 9.2 and replacing it with the following sub-clause:
"9.2 Any amendment of this 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 Queensland, South Australia and the Northern Territory and will
come into effect when so approved and ratified."
(d) by
replacing the map in Schedule 1 to the Original Agreement with the map at
Annexure A to this Deed.
(e) by
this Deed becoming a schedule to the Original Agreement being
"Schedule 2".
For the purpose of clause 12.1 of the Original Agreement, the terms and
conditions prescribed by the Original Parties are as set out in Annexure B to
this Deed.
(a) Each
party must:
(a) use
its best efforts to do all things necessary or desirable to give full effect
to this Deed; and
(b)
refrain from doing anything that might hinder performance of this Deed.
(b) This
Deed may be signed in any number of counterparts.
(c)
Except as varied above the Original Agreement remains in full force and
effect.
[Signed, sealed and delivered on 10 June 2004 in the presence of a witness by
The Minister for the Environment and Heritage of the Commonwealth, The
Minister for Natural Resources Mines and Energy of the State of Queensland and
for and on behalf of the Northern Territory of Australia by The Minister for
Central Australia; and the common seal of The Minister for Environment and
Conservation of the State of South Australia affixed and signed by the
Minister in the presence of a witness on 10 June 2004]
Annexure A
THE LAKE EYRE BASIN AGREEMENT AREA
Annexure B
Terms
The Northern Territory will join the Original Agreement on the following terms
agreed by and with the Original Parties:
a) the Northern
Territory will contribute financial and other resources of $50,000 per annum
towards the Ministerial Forum Budget, at least $10,000 of which will provided
as a cash contribution;
b) the cash component
of the Northern Territory contribution will be managed in accordance with
existing financial arrangements agreed by parties, but will be targeted to
travel and other costs involved in supporting Northern Territory participation
in the Community Advisory Committee to the Ministerial Forum;
c) the remainder of
the Northern Territory contribution will be drawn from natural resource
management, environmental or other program activities within the Agreement
Area that support the objectives of the Lake Eyre Basin Inter-governmental
Agreement (but excluding any activities funded jointly through existing
Commonwealth - Territory agreements).
Schedule 3
DEED dated
the
day of
BETWEEN:
THE COMMONWEALTH OF AUSTRALIA ("the Commonwealth")
AND
THE STATE OF QUEENSLAND ("Queensland")
AND
THE STATE OF SOUTH AUSTRALIA ("South Australia")
AND
THE NORTHERN TERRITORY OF AUSTRALIA ("the Northern Territory")
BACKGROUND:
A. On the 21st day of
October 2000, the Commonwealth, Queensland and South Australia ("the Original
Parties") entered into the LAKE EYRE BASIN INTERGOVERNMENTAL AGREEMENT ("the
Original Agreement") to provide for the establishment of arrangements for the
management of water and related natural resources for that portion of the Lake
Eyre Basin as identified in clause 1.1 of the Original Agreement.
B. On the 10th day of
June 2004, the Original Parties and the Northern Territory executed a Deed to
admit the Northern Territory as a party to the Original Agreement and to make
certain other amendments to the Original Agreement.
C. The Parties now
wish to extend the boundaries of the area covered under the Original Agreement
as set out in this Deed.
OPERATIVE PART:
1. DEFINITIONS AND INTERPRETATION
1.1 " Effective Date "
means, pursuant to clause 9.2 of the Original Agreement, the date on which
this Deed is approved and ratified by the Parliaments of Queensland, South
Australia and the Northern Territory.
1.2 All other
capitalised terms used in this Deed have the meaning given to them in the
Original Agreement.
On and from the Effective Date, the parties become bound by the terms of this
Deed.
3. AMENDMENTS TO THE AGREEMENT
The Original Agreement is varied in the following manner:
3.1 By removing clause
1.1 and replacing it with the following clause:
3.2 "1.1 This
Agreement applies to that area of the Lake Eyre Basin (the Agreement Area)
encompassing portions of Queensland, South Australia and the Northern
Territory of Australia as depicted in Schedule 1 to this Agreement, including
within that area the following river systems, associated catchments,
floodplains, overflow channels, lakes, wetlands and sub-artesian waters
dependent on surface flows of:
3.2.1 the Cooper Creek
system and associated tributaries in Queensland and South Australia;
3.2.2 the Diamantina
River system and associated tributaries in Queensland and South Australia;
3.2.3 the Georgina
river system and associated tributaries in Queensland, South Australia and the
Northern Territory;
3.2.4 the Hay river
system and associated tributaries in Queensland, South Australia and the
Northern Territory;
3.2.5 the Finke River
systems and associated tributaries in South Australia and Northern Territory
including the Finke, Hamilton, Alberga and Macumba River systems,
3.2.6 Witjira National
Park, Simpson Desert Conservation Park and Simpson Desert Regional Reserve in
South Australia ;
3.2.7 the Todd River
systems and associated tributaries Northern Territory; and
3.2.8 the Neales river
systems and associated tributaries including Arkaringa, Lora and Peake Creeks
in South Australia
3.2.9 the Douglas
Creek river system and including Umbum and Sunny Creeks
3.3 by replacing the
map in Schedule 1 to the Original Agreement with the map at Annexure A to this
Deed,
3.4 by this Deed
becoming a schedule to the Original Agreement being "Schedule 3".
4.1 Each party must:
4.1.1 use its best
efforts to do all things necessary or desirable to give full effect to this
Deed; and
4.1.2 refrain from
doing anything that might hinder performance of this Deed.
4.2 This Deed may be
signed in any number of counterparts.
4.3 Except as varied
above the Original Agreement remains in full force and effect.
[Signed, sealed and delivered in the presence of a witness by The Minister for
the Environment and Heritage of the Commonwealth, The Minister for Natural
Resources and Water of the State of Queensland and for and on behalf of the
Northern Territory of Australia by the Minister for Natural Resources,
Environment and Heritage; and the common seal of the Minister for Environment
and Conservation of the State of South Australia affixed and signed by the
Minister in the presence of a witness]
This consolidation is provided for convenience only and does not form part of
the Act.
Original Agreement and amendments
|
Year |
No |
Title |
Assent |
Commencement |
|---|---|---|---|---|
|
2001 |
9 |
12.4.2001 |
24.5.2001 | |
|
2008 |
2 |
Lake Eyre Basin (Intergovernmental Agreement) (Ratification of Amendments)
Amendment Act 2008 |
6.3.2008 |
6.3.2008 |
DATED THE 21ST DAY OF OCTOBER 2000
AGREEMENT
BETWEEN
THE COMMONWEALTH OF AUSTRALIA
-AND-
THE STATE OF QUEENSLAND
-AND-
THE STATE OF SOUTH AUSTRALIA
|
INDEX TO LAKE EYRE BASIN INTERGOVERNMENTAL AGREEMENT | |
|
Part I - Application and Interpretation | |
|
Part II - Purpose and Objectives | |
|
Part III - Guiding Principles | |
|
Part IV - Roles of the Parties | |
|
Part V - Institutional Structure | |
|
Part VI - Conference | |
|
Part VII - Scientific and Technical Advice | |
|
Part VIII - Policies and Strategies | |
|
Part IX - Ratification and Effective Date | |
|
Part X - Review and Amendment | |
|
Part XI - Funding and Accountability Arrangements | |
|
Part XII - Further Parties | |
|
Part XIII - General |
LAKE EYRE BASIN INTERGOVERNMENTAL AGREEMENT
AN AGREEMENT MADE THE 21ST DAY OF OCTOBER 2000
BETWEEN:
THE COMMONWEALTH OF AUSTRALIA
AND
THE STATE OF QUEENSLAND
AND
THE STATE OF SOUTH AUSTRALIA
RECITALS:
A. The Lake Eyre Basin
has within its boundaries areas of national and international ecological and
environmental significance, areas of high economic worth from activities such
as pastoralism, tourism, oil and gas extraction and mining, and areas of
social, cultural and heritage value, the sustainability of much of which
depends upon the continued health of the Thomson/Barcoo/Cooper, Georgina and
Diamantina river systems within Queensland and South Australia (as defined in
the Australian National Map Drainage Divisions and Basins and including their
catchments, flood plains, lakes, wetlands and overflow channels).
B. Management of the
Lake Eyre Basin which will best serve the object of sustainability requires a
joint cooperative approach between the States of Queensland and South
Australia and the Commonwealth.
C. The Parties to this
Agreement entered into a Heads of Agreement dated 26 May 1997 whereby it was
agreed that the above approach should be embodied in a formal interstate
Agreement ratified by the Parliaments of each State.
D. This Agreement is
entered into by the Parties in accordance with the Lake Eyre Basin Heads of
Agreement, and is to provide for the establishment of arrangements for the
management of water and related natural resources for that portion of the Lake
Eyre Basin identified as the Lake Eyre Basin Agreement Area in Clause 1.1,
including the development or adoption, and implementation of agreed Policies
and Strategies for the avoidance of adverse cross-border impacts and the
creation of a relevant institutional structure.
E. This Agreement is
also entered into in recognition of the provisions of the Intergovernmental
Agreement on the Environment dated 1 May 1992 between the Commonwealth, all
States and Territories, and the Australian Local Government Association, that
States use their best endeavours to establish appropriate mechanisms for
ensuring cooperative management where significant adverse external effects on
another State are expected and identified, and that the role of government is
to establish the policy, legislative and administrative framework to determine
the permissibility of land use, resource use or development proposals having
regard to the appropriate, efficient and ecologically sustainable use of
natural resources, and to provide for the consideration of regional
implications where proposals for the use of a resource affect several
jurisdictions.
F. The provisions of
this Agreement are consistent with the Council of Australian Governments'
National Water Reform Framework and the Natural Heritage Trust Partnership
Agreements.
THE PARTIES AGREE AS FOLLOWS:
Part I-Application and Interpretation
Application
1.1 This Agreement
applies to that area of the Lake Eyre Basin (the Agreement Area) encompassing
portions of Queensland, South Australia and the Northern Territory of
Australia as depicted in Schedule 1 to this Agreement, including within that
area the following river systems, associated catchments, floodplains, overflow
channels, lakes, wetlands and sub-artesian waters dependent on surface flows
of:
1.1.1 the Cooper Creek
system and associated tributaries in Queensland and South Australia;
1.1.2 the Diamantina
River system and associated tributaries in Queensland and South Australia;
1.1.3 the Georgina
river system and associated tributaries in Queensland, South Australia and the
Northern Territory;
1.1.4 the Hay river
system and associated tributaries in Queensland, South Australia and the
Northern Territory;
1.1.5 the Finke River
systems and associated tributaries in South Australia and Northern Territory
including the Finke, Hamilton, Alberga and Macumba River systems;
1.1.6 Witjira National
Park, Simpson Desert Conservation Park and Simpson Desert Regional Reserve in
South Australia;
1.1.7 the Todd River
systems and associated tributaries Northern Territory;
1.1.8 the Neales river
systems and associated tributaries including Arkaringa, Lora and Peake Creeks
in South Australia; and
1.1.9 the Douglas
Creek river system and including Umbum and Sunny Creeks.
Definitions
1.2 In this Agreement
save where inconsistent with the context:
"Ecosystem" means a community of organisms, interacting with one another, and
the natural resources comprising the environment in which those organisms live
and with which they also interact.
"Lake Eyre Basin Agreement Area" means the area referred to in clause 1.1 to
which the Agreement applies.
"Management Plan" means a plan or other document of a State that has been
adopted by the Ministerial Forum.
"Ministerial Forum" means the group of Ministers of the Crown in right of the
Commonwealth and the State parties constituted under Part V.
"Natural resources" means water, soil, the atmosphere, plants, animals and
micro-organisms that maintain and form components of ecosystems.
"Principles" means the guiding principles referred to in Part III.
"Policy" means a document setting out a course or line of action developed or
adopted and pursued by the Ministerial Forum for the purpose of implementing
this Agreement.
"Related natural resources" means natural resources the use or management of
which affects or might affect, or is or might be affected by the quantity or
quality of water in the water systems described in clause 1.1 of this
Agreement, or the ecosystems of which such water is a component part.
"Strategy" means a document setting out a course or line of action developed
or adopted and pursued by the Ministerial Forum for the purpose of
implementing a Policy.
Interpretation
1.3 In this Agreement,
unless the context otherwise requires:
(a) a
reference to any law or legislation or legislative provision includes any
statutory modification or re-enactment of, or legislative provision
substituted for, and any subordinate legislation issued under, that
legislation or legislative provision;
(b) a
reference to a Recital, Clause or Schedule is to a recital, clause or schedule
in this Agreement;
(c) a
reference to a person includes a corporation, partnership, joint venture,
association, authority, trust, state or government;
(d) the
singular includes the plural and vice versa;
(e) a
reference to any gender includes the other gender;
(f) a
reference to any agreement or document is to that agreement or document (and,
where applicable, any of its provisions) as amended, novated, supplemented or
replaced from time to time;
(g) a
reference to "amendment" includes addition, alteration, deletion, extension,
modification and variation; and
(h) a
reference to a "State" includes the Northern Territory.
1.4 In this Agreement,
headings are for convenience of reference only and do not affect
interpretation.
1.5 In the
interpretation of a provision of this Agreement, a construction that would
promote the purpose or object underlying the Agreement (whether or not that
purpose or object is expressly stated in the Agreement) will be preferred to a
construction that would not promote that purpose or object.
1.6 Questions of
interpretation of this Agreement are to be raised in the Ministerial Forum.
Part II-Purpose and Objectives
Purpose
2.1 The purpose of
this Agreement is to provide for the development or adoption, and
implementation of Policies and Strategies concerning water and related natural
resources in the Lake Eyre Basin Agreement Area to avoid or eliminate so far
as reasonably practicable adverse cross-border impacts.
Objectives
2.2 The objectives of
this Agreement are:
(a) to
provide a means for the Parties to come together in good faith to achieve the
purposes of the Agreement;
(b) to
define a process and context for raising and addressing water and related
natural resource management issues in the Lake Eyre Basin Agreement Area that
have cross-border impacts, particularly those related to water quantity and
quality, and flow regimes;
(c) to
establish institutional arrangements for the development or adoption of
Policies and Strategies and for the adoption of any relevant management plans
established by a State;
(d) to
provide for each of the Parties, so far as they are able within their
respective jurisdictions, to progress the implementation of Policies and
Strategies developed or adopted under this Agreement and to make management
decisions and allocate resources accordingly;
(e) to
provide a mechanism to review Policies and Strategies;
(f) to
provide for the parties to jointly promote and support the management of water
and related natural resources through a cooperative approach between
community, industry and other stakeholders, and all levels of government in
the sustainable management of the Lake Eyre Basin Agreement Area;
(g) to
encourage, promote and support water and related resource management practices
which are compatible with the spirit and intent of the Agreement;
(h) to
encourage and promote research and monitoring to improve understanding and
support informed decision making in the Lake Eyre Basin Agreement Area;
(i)
to provide for the review and, if necessary, revision of
the Agreement from time to time; and
(j) to
raise general public awareness of the special biodiversity and heritage values
of the Lake Eyre Basin Agreement Area.
Part III-Guiding Principles
3.1 Consideration of
all issues and the making of all decisions under this Agreement will be guided
by the following Principles, namely that it be acknowledged:
(a) that
the Lake Eyre Basin Agreement Area has important social, environmental,
economic and cultural values which need to be conserved and promoted;
(b) that
there are landscapes and watercourses in the Lake Eyre Basin Agreement Area
that are valuable for aesthetic, wilderness, cultural and tourism purposes;
(c) that
naturally variable flow regimes and the maintenance of water quality are
fundamental to the health of the aquatic ecosystems in the Lake Eyre Basin
Agreement Area;
(d) that
the water requirements for ecological processes, biodiversity and ecologically
significant areas within the Lake Eyre Basin Agreement Area should be
maintained, especially by means of flow variability and seasonality;
(e) that
flooding throughout the catchments within the Lake Eyre Basin Agreement Area
is beneficial in that it makes a significant contribution to pastoral
activities as well as flood plain ecosystem processes;
(f) that
the storage and use of water both within and away from watercourses, and the
storage and use of water from associated ground water, are all linked and
should be considered together, and that water resources throughout catchments
within the Lake Eyre Basin Agreement Area should be managed on an integrated
basis;
(g) that
precautionary approaches need to be taken so as to minimise the impact on
known environmental attributes, and reduce the possibility of affecting poorly
understood ecological functions;
(h) that
natural resource management decisions need to be made within the context of
the National Strategy for Ecologically Sustainable Development and relevant
national and international obligations;
(i)
that the collective local knowledge and experience of the
Lake Eyre Basin Agreement Area communities are of significant value; and
(j) 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 Lake Eyre Basin Agreement Area.
Part IV-Roles of the Parties
Responsibilities and Interests of all Parties
4.1 The following will
guide the Parties in defining the roles, responsibilities and interests of the
Parties in relation to the achievement of the objectives of this Agreement.
Responsibilities and Interests of the Commonwealth
4.2 The
responsibilities and interests of the Commonwealth in safeguarding and
accommodating matters of national interest include ensuring that the policies
or practices of a State that affect or might affect the water and related
natural resources to which this Agreement applies, do not result in
significant adverse external effects in relation to another State.
4.3 When considering
its responsibilities and interests 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 requirements of the Intergovernmental Agreement
on the Environment, and any action taken pursuant to that Agreement.
4.4 The Commonwealth
will monitor the activities of the States in the Lake Eyre Basin Agreement
Area to ensure Australia meets its international obligations in accordance
with the Intergovernmental Agreement on the Environment.
4.5 The Commonwealth
has responsibility for the management (including operational policy) of
natural resources on land which the Commonwealth owns or which it occupies for
its own use.
4.6 The Commonwealth
will ensure that matters of national interest relating to environmental
protection, sustainable agriculture and water and related natural resources
management in the Lake Eyre Basin Agreement Area are appropriately addressed
in consultation with the States.
4.7 The Commonwealth
will consult with the States as required by the Intergovernmental Agreement on
the Environment prior to entry into any international agreement which may
directly impact on the Lake Eyre Basin Agreement Area.
Responsibilities and Interest of the States
4.8 Each State will
continue to have responsibility for the development and implementation of
policy in relation to matters concerning the Lake Eyre Basin Agreement Area
which have no significant effects on the water and related natural resources
of the Lake Eyre Basin Agreement Area.
4.9 Each State will
continue to have responsibility for its policy formulation and the
administration of its legislation relevant to water and related natural
resource management within the Lake Eyre Basin Agreement Area, but in so doing
will, to the fullest extent that it is able, comply with this Agreement and
any applicable Policies and Strategies developed or adopted under it. Further,
to the extent that may be necessary, each State will use its best endeavours
to secure the passage through its respective Parliament of legislation for the
purpose of conforming with and implementing this Agreement and any such
Policies and Strategies.
4.10 Each State will
assist in the encouragement and promotion of research and monitoring to
facilitate informed decision making for the Lake Eyre Basin Agreement Area,
and the sharing of access to the results of such research and monitoring so
far as either State may control such access.
4.11 Each State will
consult with and involve Local Government (where relevant) in the
implementation of this Agreement and the Policies and Strategies developed or
adopted under it to the extent that State statutes and administrative
arrangements authorise or delegate relevant responsibilities to Local
Government, and in a manner which reflects the concept of partnership between
the Commonwealth, State and Local Governments.
Part V-Institutional Structure
Constitution of the Ministerial Forum
5.1 The Ministerial
Forum is constituted.
5.2 The Ministerial
Forum will consist of one Minister from each State and one Minister of the
Commonwealth. Each Party will appoint its Minister from time to time, by
notice in writing to each other Party.
5.3 Whenever a member
of the Ministerial Forum is:
(a)
unable for any reason to attend a meeting of the Ministerial Forum; or
(b)
otherwise unable to perform the duties of a member of the Ministerial Forum,
another Minister of that State or the Commonwealth will be appointed to act in
the place of that member, and while so acting that other Minister will have
all the responsibilities and perform all the duties of that member.
Procedures of the Ministerial Forum
5.4 The Ministerial
Forum will meet at least once in each year but otherwise at such times as it
sees fit and will, subject to this Agreement, determine its own procedure.
5.5 A resolution
before the Ministerial Forum will be carried only by a unanimous vote.
5.6 The Commonwealth
Minister will act as the chair of the Ministerial Forum.
5.7 A permanent record
of all resolutions of the Ministerial Forum will be kept.
Functions of the Ministerial Forum
5.8 The Ministerial
Forum will be responsible for the implementation of this Agreement.
Community Advice and Representation
5.9 The Ministerial
Forum will ensure that it has satisfactory access to community advice in
relation to matters relevant to this Agreement.
5.10 For that purpose
the Ministerial Forum may either:
5.10.1 adopt one or
more independently formed groups, committees or bodies to provide community
advice representation and feedback; or
5.10.2 appoint the
members of a committee to perform that function.
5.11 Whichever means
of access to community advice the Ministerial Forum selects the following will
apply:
5.11.1 There will be
appropriate representation of:
(a)
Aboriginal interests;
(b)
pastoral interests;
(c)
agricultural interests;
(d)
mining and petroleum interests;
(e)
conservation interests;
(f)
tourism interests;
(g)
matters and interests affecting the Cooper Creek River system as referred to
in clause 1.1 of this Agreement; and
(h)
matters and interests affecting the Diamantina River system as referred to in
clause 1.1 of this Agreement.
5.11.2 The following
roles will be satisfactorily performed:
(a)
representation of the various interests referred to in sub-clause 5.11.1;
(b) the
seeking out of community views relevant to matters covered by this Agreement
and the communication of those views to the Ministerial Forum;
(c) the
communication of decisions and initiatives of the Ministerial Forum to the
various communities; and
(d) the
performance of such other functions relevant to this Agreement as the
Ministerial Forum may require.
5.12 This clause will
apply if the Ministerial Forum chooses to adopt one or more independently
formed groups, committees or bodies to provide advice representation and
feedback.
(a)
Subject to the availability of funds under Part XI of this Agreement, the
independently formed groups committees and bodies will receive such allowances
and expenses as the Ministerial Forum may from time to time determine, such
payments to be disbursed or divided amongst individual members in such manner
as those groups committees or bodies may themselves decide.
(b) The
Ministerial Forum may at any time determine that any one or more or all of the
adopted groups committees or bodies will cease to be its provider of community
advice, representation and feedback provided however that the Ministerial
Forum will within a reasonable time (and in any event before any relevant
significant decisions are made) replace that source of community advice in
accordance with this Agreement.
5.13 This clause will
apply if the Ministerial Forum chooses to appoint a committee to provide
community advice, representation and feedback.
(a) Each
member will be appointed by the Ministerial Forum.
(b) In
appointing members to represent Aboriginal interests the Ministerial Forum
will have regard, as a fundamental element of its decisions, to such
recommendations as the Aboriginal communities of the Lake Eyre Basin Agreement
Area may choose to make.
(c) The
Ministerial Forum may appoint members of the committee from time to time to
fill vacancies.
(d) The
Ministerial Forum may at any time appoint to the committee such additional
members as it thinks fit.
(e) The
appointment of members of the committee will be for a period of three years
from the date of each appointment provided however that members will be
eligible for re-appointment for such terms from time to time as the
Ministerial Forum thinks appropriate.
(f)
Subject to the availability of funds under Part XI of this Agreement, a member
of the committee will receive such allowances and expenses as the Ministerial
Forum may from time to time determine.
(g) The
Ministerial Forum may at any time terminate the appointment of individual
members or disband the committee:
(i)
if of the opinion that the member or members or the
committee is or are no longer substantially representing the interest or
matters in respect of which the member or members or the committee as the case
may be was or were appointed; or
(ii)
for such reason as the Ministerial Forum considers
appropriate, provided however that the Ministerial Forum will within a
reasonable time (and in any event before any relevant significant decisions
are made) appoint or re-appoint members of the committee in accordance with
this Agreement, or, if the whole committee has been disbanded, replace that
source of community advice in accordance with this Agreement.
(h) The
Ministerial Forum may appoint to the committee the individual members of a
group, committee or body independently formed. To the extent that may be
necessary to satisfy the requirements of this Agreement, the Ministerial Forum
will appoint additional members.
Part VI-Conference
6.1 The Ministerial
Forum may from time to time arrange a conference to be attended by the members
of the Ministerial Forum, members of committees appointed or adopted under
this Agreement and of other interested groups, interested individuals,
scientific and technical advisers and senior government officers.
6.2 There will be a
conference at least once before the second anniversary of the effective date
of this Agreement and thereafter on at least a biennial basis.
6.3 The purpose of
such conferences will be to exchange information and views on issues relevant
to the operation of this Agreement.
Part VII-Scientific and Technical Advice
7.1 The Ministerial
Forum may seek scientific and technical advice relevant to this Agreement from
such persons or bodies as it thinks appropriate. In particular, the
Ministerial Forum may obtain scientific and/or technical advice in relation to
the identification of requirements for the effective monitoring of the
condition of the rivers and catchments within the Lake Eyre Basin Agreement
Area and the establishment of programs to meet those requirements.
7.2 The Ministerial
Forum may if it thinks appropriate, establish a panel of scientists and
technicians for the purpose of providing advice to the Ministerial Forum
relevant to this Agreement.
Part VIII-Policies and Strategies
8.1 The Ministerial
Forum will, without unnecessary delay, develop or adopt Policies and
Strategies for the management of the Lake Eyre Basin Agreement Area in
accordance with the purpose, objectives and Principles set out in this
Agreement.
8.2 The Ministerial
Forum may vary or revoke such Policies and Strategies, and may make
supplementary Policies and Strategies.
8.3 The Ministerial
Forum may adopt management plans prepared by the States if those plans are
consistent with this Agreement and with the Policies developed or adopted by
the Ministerial Forum for the management of the Lake Eyre Basin Agreement
Area, and once adopted, such management plans prepared by the States will be
treated as plans of the Ministerial Forum under this Agreement.
Content of Policies and Strategies
8.4 The Policies and
Strategies will make provision for such matters as the Ministerial Forum
thinks fit, including but not limited to:
(a)
objectives for water quality and river flows;
(b)
objectives for water and related natural resource management in the Lake Eyre
Basin Agreement Area for the achievement of the water quality and river flow
objectives;
(c)
catchment management policies and strategies for the achievement, as far as
practicable, of the water quality and river flow objectives;
(d)
policies for dealing with relevant existing entitlements under State laws and
significant water related developments; and
(e)
research and monitoring requirements and programs to meet those requirements.
Part IX-Ratification and Effective Date
9.1 This Agreement,
other than Part IX, is subject to approval and ratification by the Parliaments
of South Australia and Queensland and will come into effect when so approved
and ratified by the Parliaments of both States.
9.2 Any amendment of
this 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 Queensland, South Australia and the
Northern Territory and will come into effect when so approved and ratified.
9.3 Each State will
take all practical steps to seek the enactment of legislation:
(a)
approving and ratifying this Agreement, and any amendment to this Agreement
which may be approved by the Ministerial Forum from time to time, on behalf of
the State; and
(b)
authorising and requiring the performance and observance of this Agreement by
the Government of the State.
Part X-Review and Amendment
Review
10.1 The Ministerial
Forum must cause a review of:
(a) the
operation of this Agreement; and
(b) the
extent to which the objectives set out in Clause 2.2 of this Agreement have
been achieved,
to be undertaken without unnecessary delay after the fifth anniversary of the
effective date of this Agreement, and thereafter on a ten yearly basis.
10.2 A report of each
review required under clause 10.1 is to be tabled in the Parliament of each
State and presented to the Commonwealth Minister within 12 months after
completion of it.
10.3 The Ministerial
Forum must cause a review of all Policies and Strategies to be undertaken
without unnecessary delay after the fifth anniversary of the development or
adoption of them, and thereafter as necessary but in any event not less
frequently than every ten years.
10.4 The Ministerial
Forum must cause a review of the condition of all watercourses and catchments
within the Lake Eyre Basin Agreement Area to be undertaken without unnecessary
delay after the effective date of this Agreement, and thereafter on a ten
yearly basis.
Amendment
10.5 The Ministerial
Forum may approve such amendments to this Agreement, including amendments to
or addition of schedules to this Agreement, as the Ministerial Forum considers
desirable from time to time.
Part XI-Funding and Accountability Arrangements
11.1 Subject to the
availability of respective appropriations, the Commonwealth and the States
will make available all necessary financial and other resources for the
establishment and operation of the Ministerial Forum and associated
institutional arrangements.
11.2 The Commonwealth
and the States will determine and agree appropriate cost-sharing arrangements
which reflect their respective roles and responsibilities under this
Agreement.
11.3 Any group
committee or body appointed or adopted under Part V and which receives funding
under this Agreement will produce to the Ministerial Forum in respect of each
financial year a full account of its application of all funds received by it
together with a report of its activities towards which such funding has been
applied.
Part XII-Further Parties
Accession by New Parties
12.1 The State of New
South Wales and the Northern Territory may become parties to this Agreement:
(a) with
the consent of the existing Parties; and
(b) on
such terms and conditions as may be prescribed by the existing Parties in a
Schedule to this Agreement.
12.2 The Ministerial
Forum may approve any Schedule prepared pursuant to Clause 12.1(b).
12.3 This Agreement
will not apply to the State of New South Wales or the Northern Territory
until:
(a) a
copy of the Agreement incorporating the Schedule provided for in Paragraph
12.1(b) has been signed on behalf of that State or Territory and the
Parliament of that State or Territory has approved this Agreement, including
the Schedule; and
(b) the
Schedule has been approved and ratified by the States under Part IX.
12.4 Each State will
take 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
Counterparts
13. This Agreement may
be executed in any number of counterparts and all of those counterparts taken
together constitute one and the same instrument.
|
Signed by The Minister for the Environment and Heritage of the Commonwealth
this 13th day of October 2000 in the presence of |
} | |
|
| | |
|
Witness | | |
|
Signed by The Minister for Environment and Heritage and Natural Resources of
the State of Queensland this 21st day of October 2000 in the presence of |
} | |
|
| | |
|
Witness | | |
|
The Common Seal of Minister for Water Resources of the State of South
Australia affixed this 21st day of October 2000 in the presence of |
} | |
|
| | |
|
Witness | | |
Schedule 1:
THE LAKE EYRE BASIN AGREEMENT AREA
