Victorian Consolidated Legislation

Water Act 1989 - SECT 6

Interstate groundwater agreements to prevail over Act

6. Interstate groundwater agreements to prevail over Act



(1) Every power, discretion, function, authority and duty of the Minister, the
Authority and the Tribunal under this Act must be construed subject to-

   (a)  the Groundwater (Border Agreement) Act 1985 and the agreement approved
        by that Act; and

   (b)  the Murray-Darling Basin Act 1993 and the Murray-Darling Basin
        Agreement.



(2) A purported exercise of a power, discretion, function, authority or duty
by the Minister, an Authority or the Tribunal is of no effect to the extent
that it is inconsistent with an agreement referred to in subsection (1).

(3) An agreement referred to in subsection (1) prevails over a right to take
or to use water conferred by or under this Act, other than section 7(1), 8(1)
or 8(4)(c).

(4) The Minister, an Authority or the Tribunal, in exercising a power,
discretion, function, authority or duty under this Act, must not act in a
manner detrimental to or inconsistent with the operation of an agreement
referred to in subsection (1).