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PARLIAMENT OF VICTORIA
Groundwater (Border Agreement) (Amendment)
Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Definition of "Agreement" and "Amending Agreement" 2
4. New section 5A inserted 2
5A. Approval of Amending Agreement 2
5. Amendment of Water Act 1989 2
6. Heading to Schedule substituted 3
7. New Schedule 2 inserted 3
SCHEDULE 2--Border Groundwaters Agreement Amendment
Agreement 3
ENDNOTES 14
i
551327B.A1-26/10/2005 BILL LA AS SENT 26/10/2005
PARLIAMENT OF VICTORIA
Initiated in Assembly 9 August 2005
As amended by Assembly 25 October 2005
A BILL
to amend the Groundwater (Border Agreement) Act 1985 to
approve and give effect to the Border Groundwaters Agreement
Amendment Agreement, to amend the Water Act 1989 and for other
purposes.
Groundwater (Border Agreement)
(Amendment) Act 2005
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Groundwater (Border Agreement) Act 1985 to
approve and give effect to the Border
Groundwaters Agreement Amendment
5
Agreement.
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2. Commencement
This Act comes into operation on a day to be
proclaimed.
3. Definition of "Agreement" and "Amending
Agreement"
5
See: For section 4(a) of the Groundwater (Border
Act No.
Agreement) Act 1985 substitute--
10218
and
'(a) "Agreement" means the Border
amending
Act No.
Groundwaters Agreement, a copy of which is
81/1989.
set out in Schedule 1, as that Agreement is
10 LawToday:
www.dms.
amended by the Amending Agreement; and
dpc.vic.
gov.au
(ab) "Amending Agreement" means the Border
Groundwaters Agreement Amendment
Agreement, a copy of which is set out in
Schedule 2; and'.
15
4. New section 5A inserted
After section 5 of the Groundwater (Border
Agreement) Act 1985 insert--
"5A. Approval of Amending Agreement
The Amending Agreement is approved.".
20
See: 5. Amendment of Water Act 1989
Act No.
80/1989.
In section 83(3) of the Water Act 1989--
Reprint No. 7
as at
(a) for "the Schedule" substitute "Schedule 1";
1 December
and
2003
and
(b) after "1985)" insert "as that agreement is
amending
25
Act Nos
amended by the Border Groundwaters
46/2003,
Agreement Amendment Agreement (a copy
48/2003,
12/2004,
of which is set out in Schedule 2 to that
81/2004,
Act)".
82/2004 and
108/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
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6. Heading to Schedule substituted
In the heading to the Schedule to the
Groundwater (Border Agreement) Act 1985,
for "SCHEDULE" substitute "SCHEDULE 1".
7. New Schedule 2 inserted
5
After Schedule 1 to the Groundwater (Border
Agreement) Act 1985 insert--
'SCHEDULE 2
BORDER GROUNDWATERS AGREEMENT AMENDMENT
10 AGREEMENT
AN AGREEMENT made this 18 day of 10, Two thousand and five
between--
THE STATE OF SOUTH AUSTRALIA of the first part and
THE STATE OF VICTORIA of the second part.
15 WHEREAS the South Australian and Victorian Governments wish to amend
the Agreement made between the parties on 15th October 1985 (which
Agreement is herein called "the principal agreement"), in order to provide the
necessary capacity and flexibility to effectively manage the shared
groundwater resources of western Victoria and the Mallee and south-eastern
20 South Australia.
NOW IT IS HEREBY AGREED as follows--
Interpretation.
1. Unless the contrary intention appears, expressions used in this
Agreement have the same meanings as in the principal agreement except as
25 amended by this Agreement.
Definitions.
2. (1) The following definitions shall be inserted in place of those in
clause 1 of the principal agreement--
` "Bore" with respect to South Australia, means any well as defined
30 by section 3 of the Natural Resources Management Act 2004
and with respect to Victoria, means any bore as defined by
section 3 of the Water Act 1989, but in neither case includes any
well or bore from which water is extracted or proposed to be
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extracted for one or more of the following purposes and for no
other purposes--
(a) household purposes;
(b) watering animals kept for domestic and stock purposes;
5 or
(c) the irrigation of a garden not exceeding 04 hectares in
extent used solely in connection with a dwelling and
from which no produce is sold.
"Granting authority" means--
10 (a) in the case of South Australia, the Minister
administering the Natural Resources Management Act
2004; and
(b) in the case of Victoria, the Minister administering the
Water Act 1989.
15 "Groundwater" with respect to South Australia means any
underground water as defined by section 3 of the Natural
Resources Management Act 2004 and with respect to Victoria
means any groundwater as defined by section 3 of the Water
Act 1989.
20 "Minister" with respect to South Australia means the Minister
administering the Natural Resources Management Act 2004 and
with respect to Victoria means the Minister administering the
Water Act 1989.
"Permissible annual volume" means the permissible annual volume
25 of extraction specified for a particular zone or aquifer within a
zone in the Second Schedule, or in relation to a particular zone
or aquifer within a zone, such other volume as has been
determined by the Committee under clause 28(2).
"Permissible distance from the border between the State of South
30 Australia and the State of Victoria" means a distance of one
kilometre from that border, or in relation to a particular zone,
sub-zone, or aquifer within a zone or sub-zone, such other
distance as has been determined by the Committee under
clause 28(2).
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"Permit" means--
(a) any licence provided for in section 146 of the South
Australian Natural Resources Management Act 2004;
(b) any permit provided for in section 135 of the South
5 Australian Natural Resources Management Act 2004;
(c) any licence provided for in Part 5 of the Victorian Water
Act 1989;
(d) any licence provided for in section 51 of the Victorian
Water Act 1989.'.
10 (2) The following definition shall replace the definition "Permissible level
of salinity" in clause 1 of the principal agreement--
` "Permissible salinity" means--
(a) a maximum rate of increase; and/or
(b) a designated maximum level--
15 of salinity, measured as electro-conductivity of so many
microsiemens per centimetre at twenty-five degrees Celsius,
that must not be exceeded as may be agreed upon by the
Minister of each Contracting Government for a particular zone,
sub-zone or aquifer within a zone or sub-zone, pursuant to
20 clause 28(6), or in relation to a particular zone, sub-zone or
aquifer within a zone or sub-zone, such other rate and/or level
as has been agreed upon by the Minister of each Contracting
Government under clause 28(4).'.
(3) The following two definitions shall replace the definition of
25 "Permissible rate of potentiometric surface lowering" in clause 1 of the
principal agreement. The first definition shall be inserted immediately before
the definition for "Permissible salinity" and the second definition shall be
inserted immediately after the definition for "Permit"--
` "Permissible potentiometric surface lowering" means--
30 (a) a rate set out in the Third Schedule or such other rate as
has been agreed upon by the Minister for each
Contracting Government under clause 28(4), and/or
(b) the potentiometric surface level as agreed upon by the
Minister of each Contracting Government under
35 clause 28(4).
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"Potentiometric surface lowering" means--
(a) a rate of potentiometric surface lowering that must not
be exceeded, and/or
(b) a potentiometric surface level that must not be
5 exceeded--
for a particular zone, sub-zone or aquifer within a zone or
sub-zone.'.
(4) The following additional terms shall be defined in clause 1 of the
Agreement--
10 The following definition shall be inserted immediately before the
definition for "Aquifer"--
` "Allowable annual volume" means the allowable annual volume of
extraction specified for a particular sub-zone or aquifer within a
sub-zone as has been determined by the Committee under
15 clause 28(7).'.
The following definition shall be inserted immediately after the
definition for "Schedule" and immediately before the definition for
"Zone"--
` "Sub-zone" means a subdivision of a zone with boundaries
20 determined by the Committee under clause 28(7).'.
Approval.
3. (1) This Agreement, other than clause 3(2), is subject to approval by
the Parliaments of the States of South Australia and Victoria; and shall come
into effect when so approved.
25 (2) The Contracting Governments hereby agree to submit this Agreement
for approval to the respective Parliaments of the said States as soon as
practicable after the date of this Agreement.
Application of legislation.
4. The following clause shall replace clause 25 in the principal
30 agreement--
"25. Subject to the provisions of this Agreement--
(a) the provisions of the South Australian Natural
Resources Management Act 2004 and of regulations
made thereunder shall apply to such portion of the State
35 of South Australia as is within the Designated Area;
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(b) the provisions of the Victorian Water Act 1989 and of
regulations made thereunder shall continue to apply to
such portion of the State of Victoria as is within the
Designated Area--
5 and the provisions of those Acts and regulations shall respectively be
applied to--
(i) all bores existing within the Designated Area at
the date of this Agreement;
(ii) all applications to construct, deepen, enlarge or
10 alter bores or to extract water therefrom as are
made after the date of this Agreement; and
(iii) any bores constructed, deepened, enlarged or
altered or from which water is extracted, after
the date of this Agreement.".
15 Management Prescriptions.
5. The following clause shall replace clause 26 in the principal
agreement--
"26. (1) Subject to clause 28 no application for a permit shall be
granted and no permit renewed--
20 (a) in relation to the construction, deepening, enlarging or
altering of any bore which passes or will pass through
two or more aquifers unless a condition is attached to
such permit which requires that an impervious seal be
made and maintained between such aquifers;
25 (b) in relation to the construction, deepening, enlarging or
altering of any bore, or the extraction of water from any
bore, in a particular zone, or aquifer within a zone,
where the effect of extracting water from that bore
would be to exceed the permissible annual volume for
30 that particular zone, or aquifer within a zone;
(c) in relation to the construction, deepening, enlarging or
altering of any bore, or the extraction of water from any
bore, in a particular zone, sub-zone or aquifer within a
zone or sub-zone if that bore is situated within, or
35 proposed to be situated within, a distance less than the
permissible distance from the border between the State
of South Australia and the State of Victoria for that
zone, sub-zone or aquifer within a zone or sub-zone
unless the Committee has first considered the matter and
40 determined that such application may be granted or such
permit may be renewed;
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(d) in relation to the construction, deepening, enlarging or
altering of any bore, or the extraction of water from any
bore, where the bore is situated, or proposed to be
situated, in a particular sub-zone or aquifer within a sub-
5 zone, where the effect of extracting water from that bore
would be to exceed the allowable annual volume for a
particular sub-zone or aquifer within a sub-zone.".
6. The following sub-clause shall be inserted immediately after
clause 26(1) and immediately before clause 27 in the principal agreement--
10 "(2) Subject to clause 28--
(a) no application for a permit shall be granted and no
permit renewed; or
(b) a period of restriction shall be declared subject to
clause 29(3)--
15 where the potentiometric surface lowering has exceeded the
permissible potentiometric surface lowering in a particular zone, sub-
zone or aquifer within a zone or sub-zone over the preceding five
years.".
Preparation of reports.
20 7. The following paragraph shall replace clause 27(1)(d) in the principal
agreement--
"(d) details of the potentiometric surface levels obtained from
observation bores within each particular zone, sub-zone or
aquifer within a zone or sub-zone in the preceding year ending
25 on 30 June; and".
8. The following paragraph shall replace clause 27(1)(e) in the principal
agreement--
"(e) the rate of increase or level of salinity in such bores within a
particular zone, sub-zone or aquifer within a zone or sub-zone
30 as shall be specified by the Committee in the preceding year
ending on 30 June.".
9. The following sub-clause shall replace clause 27(3) in the principal
agreement--
"(3) In this clause "Observation bore" with respect to South
35 Australia, means any well as defined by section 3 of the Natural
Resources Management Act 2004 and with respect to Victoria, means
any bore as defined by section 3 of the Water Act 1989.".
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Powers of Review Committee.
10. The following sub-clause shall replace clause 28(2) in the principal
agreement--
"(2) At intervals of not more than five years, the Committee shall
5 review--
(a) the permissible distance from the border between the
State of South Australia and the State of Victoria in
relation to a particular zone, sub-zone or aquifer within a
zone or sub-zone;
10 (b) the permissible annual volume of extraction in relation
to a particular zone or aquifer within a zone;
(c) the allowable annual volume of extraction in relation to
a particular sub-zone or aquifer within a sub-zone--
and shall have the power to alter any or all of the same in relation to a
15 particular zone, sub-zone or aquifer within a zone or sub-zone.".
11. The following sub-clause shall replace clause 28(3) in the principal
agreement--
"(3) At intervals of not more than five years, the Committee shall
review--
20 (a) the permissible potentiometric surface lowering;
(b) the permissible salinity (if any) established pursuant to
sub-clause (6)--
in relation to each particular zone, sub-zone or aquifer within a zone
or sub-zone and if the Committee is satisfied that alteration to any or
25 all of the same is desirable in relation to a particular zone, sub-zone or
aquifer within a zone or sub-zone, it may recommend any such
alteration to the Minister of each Contracting Government.".
12. The following sub-clause shall replace clause 28(4) in the principal
agreement--
30 "(4) Where the Minister of each Contracting Government agrees
with any such recommendation, the permissible potentiometric surface
lowering and/or the permissible salinity, for a particular zone, sub-
zone or aquifer within a zone or sub-zone shall be deemed to have
been altered in accordance with any such recommendation.".
35
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13. The following sub-clause shall replace clause 28(5) in the principal
agreement--
"(5) The Committee may at any time recommend to the Minister of
each Contracting Government that a permissible salinity be declared
5 for a particular zone, sub-zone or aquifer within a zone or sub-zone.".
14. The following sub-clause shall replace clause 28(6) in the principal
agreement--
"(6) Where the Minister of each Contracting Government agrees
with any such recommendation, a permissible salinity shall be deemed
10 to have been declared for that particular zone, sub-zone or aquifer
within that zone or sub-zone in accordance with that
recommendation.".
15. The following sub-clause shall be inserted immediately after
clause 28(6) and immediately before clause 29 of the principal agreement--
15 "(7) The Committee, having regard to the size and variability of a
zone, may--
(a) divide the zone or the aquifer within a zone into two or
more sub-zones;
(b) determine the boundaries of a particular sub-zone or
20 aquifer within a sub-zone;
(c) determine the allowable annual volume for the sub-zone
or aquifer within a sub-zone that does not exceed that
permissible annual volume of which the sub-zone forms
part;
25 (d) determine the permissible distance from the border
between the State of South Australia and the State of
Victoria for a particular sub-zone or aquifer within a
zone or sub-zone--
and shall have the power to alter any or all the same in relation to a
30 particular sub-zone or aquifer within a sub-zone.".
Periods of Restriction.
16. The following sub-clause shall replace clause 29(3) in the principal
agreement--
"(3) A period of restriction may be declared in relation to any zone,
35 sub-zone or aquifer within a zone or sub-zone notwithstanding that the
permissible annual volume or the allowable annual volume or the
permissible salinity (if any) or the permissible potentiometric surface
lowering for that zone or sub-zone, or any or all of them, has not been
exceeded in any previous year.".
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Act No.
Publication of declarations, etc.
17. The following clause shall replace clause 31 in the principal
agreement--
"31. Any alteration made under clause 28(2) or 28(4) or 28(7) or
5 any declaration made under clause 28(6) or 29(1) with respect to any
zone or sub-zone shall be published in the Government Gazette of the
Contracting Government within whose jurisdiction such zone is
situate and in a newspaper circulating in that zone or sub-zone and
shall take effect from the date of such publication in the Government
10 Gazette.".
18. The following Schedule shall replace the SECOND SCHEDULE of
the principal agreement--
SECOND SCHEDULE
Permissible annual volume
(Megalitres)
Zone Tertiary Limestone Tertiary Confined
Aquifer Sand Aquifer
1A 30900 9200
1B 45720 14500
2A 25000 2900
2B 25000 5100
3A 24000 1900
3B 16500 1000
4A 20000 710
4B 14000 300
5A 18500 540
5B 11949 570
6A 8850 360
6B 9838 360
7A 7500 350
7B 6600 350
8A 7700 340
8B 6760 330
9A 11595 570
9B 5960 630
10A 9400 320
10B 6720 560
11A 6861 0
11B 1823 0
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s. 7
Act No.
19. The following Schedule shall replace the THIRD SCHEDULE of the
principal agreement--
THIRD SCHEDULE
Permissible potentiometric surface lowering
Rate (metres per annum)
Zone Tertiary Limestone Tertiary Confined
Aquifer Sand Aquifer
1A 025 025
1B 025 025
2A 025 025
2B 025 025
3A 025 025
3B 025 025
4A 025 025
4B 025 025
5A 025 025
5B 025 025
6A 005 005
6B 005 005
7A 005 005
7B 005 005
8A 005 005
8B 065 065
9A 065 065
9B 065 065
10A 065 065
10B 065 065
11A 065 065
11B 065 065
20. Clause 24(2) in the principal agreement shall be deleted.
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IN WITNESS WHEREOF this Agreement has been executed by the parties
hereto as at the day and year first above-written.
SIGNED on behalf of THE STATE OF
VICTORIA by the Honourable STEVE
BRACKS, Premier of Victoria, in the STEVE BRACKS
presence of--
Rosa Silvestro
SIGNED on behalf of THE STATE OF
SOUTH AUSTRALIA by the Honourable
MIKE RANN, Premier of South MIKE RANN
Australia, in the presence of--
Nick Alexandrides
'.
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Groundwater (Border Agreement) (Amendment) Act 2005
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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