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RIVER MURRAY WATERS ACT 1983 No. 86, 1983 - SCHEDULE
SCHEDULE
Section 3
RIVER MURRAY WATERS AGREEMENT
between
THE COMMONWEALTH OF AUSTRALIA
THE STATE OF NEW SOUTH WALES
THE STATE OF VICTORIA
THE STATE OF SOUTH AUSTRALIA
1982
I N D E X
PART I
Interpretation
Clause Definitions 1
Interpretation 2
PART II
Approval and Enforcement
Substitution 3
Approval 4
Submission to Parliament 5
Parties to provide for enforcement of Agreement and Acts 6
PART III
The Commission
Constitution 7, 8
Appointment of Commissioners and Deputy Commissioners 9
Term of Appointment 10
Continuation in Office 11
When Deputy Commissioner may act 12
Powers of Commissioners 13
Remuneration of Commissioners and Deputy Commissioners 14
Removal from office 15
Resignation 16
Vacancies 17
Validity of proceedings 18
Meetings of the Commission 19
Delegation 20
Appointment of Committees 21
Officers of the Commission 22
Employment of officers in public service or in statutory authorities 23
Liability for acts of Commissioners and officers 24
PART IV
Water Quality and Control
Studies and investigations 25
Measurements of water quantity and quality 26
Water quality objectives and standards 27
Recommendations re water quantity and quality 28
Commission to be informed of new proposals 29
Regard to be had to river and water management objectives 30
Protection of catchment of Hume Reservoir 31
PART V
Construction, Operation and Maintenance of Works
Major works subject to the Agreement 32
Authorisation of additional works 33
Ancillary, preventative and remedial works 34
Preparation and submission of designs, etc. for Commission approval 35
Commission and Government approval of certain tenders 36
Directions for the efficient construction etc. of works 37
Completion of Chowilla Reservoir 38
States to facilitate construction and operation within their territories 39
Works for benefit of State Contracting Governments 40
Declaration that works effective 41
Maintenance of works 42
Procedures for operation and control of works 43
Dredging and snagging 44
Operation and control of works 45
Performance of joint duties 46
Ineffective works 47
PART VI
Finance
Apportionment of costs 48
Financial year 49
Detailed estimates of expenditure 50
Excess expenditure 51
Forward estimates 52
Payments by Contracting Governments 53
Payments by Commission to States 54
Unexpended balances 55
Disposal of surplus assets 56
Proper accounts to be kept 57
List of assets 58
Audit 59
Commission to account 60
Contracting Governments to account 61
Bank accounts 62
Investment 63
Application of moneys by Commission 64
Revenue 65
Tolls 66
Compensation for damage by works 67
PART VII
Reports
Preparation of reports 68
PART VIII
Proceedings in Default
Failure to perform works or contribute cost 69
PART IX
Distribution of Waters
Division 1-Interpretation
Definitions 70
Post Chowilla 71
Division 2-State Entitlements to Water
Measurement of South Australia's entitlement 72
South Australia's monthly entitlement 73
Variation of South Australia's entitlement 74
Use of Lake Victoria 75
Surplus flow to South Australia 76
Entitlements of New South Wales and Victoria 77
New South Wales' entitlement to water from Menindee Lakes 78
New South Wales' and Victoria's supply to South Australia 79
Limitations on use by New South Wales and Victoria 80
Division 3-Control by Commission
Commission's role in operation of storages 81
Limitations on Menindee Lakes operation 82
Accounting for releases for dilution 83
Procedures for Dartmouth Dam operation 84
Reserve storage 85
Use of State works to convey Murray water 86
Division 4-Water Accounting
General 87
Allocation of water to New South Wales and Victoria 88
Allocation of water in Menindee Lakes Storage 89
Tributary inflows 90
Use by New South Wales and Victoria of allocated water 91
Snowy diversions out of Murray catchment 92
Losses 93
New South Wales' and Victoria's supply to South Australia 94
Deferment of continuous accounting of carryover of stored water 95
Reallocation of water between upper States 96
Accounting for quality of inputs from State tributaries and
for Snowy Scheme 97
To provide efficient regulation of the Murray River 98
Accounting procedures 99
Accounting for spill from storages 100
Accounting for releases through Dartmouth Dam Power Station 101
Reallocation of water in Menindee Lakes Storage 102
Dilution at Swan Hill and Merbein 103
Division 5-Periods of Restriction
Declaration of restrictions 104
Variation of navigation depths during restrictions 105
Water under the control of the Commission 106
Sharing of water during restrictions 107
South Australian share during restrictions 108
PART X
Lake Victoria Works
Power to store water in Lake Victoria 109
Water stored in Lake Victoria 110
PART XI
Menindee Lakes Storage
Cessation of Menindee Lakes Storage Agreement 111
Maintenance of Menindee Lakes Storage 112
Full supply levels 113
Financial contributions of Commission 114
PART XII
Effect of Snowy Mountains Agreement
Reconciliation with Snowy Mountains Agreement 115
PART XIII
Miscellaneous
Arbitration 116
Proposals to amend Agreement 117
Furnishing information and particulars 118
Authorities to observe Agreement 119
Transitional provisions 120
SCHEDULE A
Description of Works
AN AGREEMENT made the First day of October One thousand nine hundred and
eighty-two between-
THE COMMONWEALTH OF AUSTRALIA of the first part,
THE STATE OF NEW SOUTH WALES of the second part,
THE STATE OF VICTORIA of the third part, and
THE STATE OF SOUTH AUSTRALIA of the fourth part.
WHEREAS on 9 September 1914 an Agreement was entered into by the Prime
Minister of the Commonwealth of Australia and the Premiers of the States of
New South Wales, Victoria and South Australia with regard to the economical
use of the waters of the River Murray and its tributaries for irrigation and
navigation and to the reconciling of the interests of the Commonwealth and the
said States which Agreement was ratified and approved by the Parliament of the
Commonwealth of Australia and the Parliaments of the said States and which
Agreement is hereinafter referred to as the First Agreement:
AND WHEREAS by further Agreements dated 10 August 1923, 23 July 1934, 26
November 1948, 2 November 1954, 11 September 1958, 8 October 1963 and 26
February 1970, all made between the Prime Minister of the Commonwealth of
Australia and the Premiers of the States of New South Wales, Victoria and
South Australia certain provisions of the First Agreement were modified:
AND WHEREAS the further recited Agreements were all subsequently ratified and
approved by the Parliament of the Commonwealth of Australia and by the
Parliaments of the said States:
AND WHEREAS it is desirable to consolidate the provisions of the First
Agreement and further recited Agreements, and to incorporate certain
recommendations concerning the quality of waters and to provide for certain
other matters in addition to and in substitution for certain provisions of the
First Agreement and the further recited Agreements:
NOW IT IS HEREBY AGREED as follows-
PART I-INTERPRETATION
Definitions
1. In this Agreement save where inconsistent with the context-
''Commission'' means The River Murray Commission constituted under the former
Agreement and continued in existence under clause 7.
''Commissioner for the Commonwealth'' means the Commissioner appointed by the
Governor-General pursuant to clause 9.
''Commissioner for New South Wales'' means the Commissioner appointed by the
Governor of New South Wales pursuant to clause 9.
''Commissioner for South Australia'' means the Commissioner appointed by the
Governor of South Australia pursuant to clause 9.
''Commissioner for Victoria'' means the Commissioner appointed by the Governor
of Victoria pursuant to clause 9.
''Commonwealth auditor'' means the Auditor-General of the Commonwealth or such
other person as may be appointed by the Governor-General for the purpose of
carrying out the inspection and audit referred to in paragraph 59 (1) (a).
''Contracting Government'' means any of the Governments of the Commonwealth,
the State of New South Wales, the State of Victoria or the State of South
Australia.
''Constructing Authority'' means the Contracting Government or Governments by
which any works authorised by this Agreement or the former Agreement have been
or are being constructed or are to be constructed or any authority constituted
or appointed for the purpose of such construction.
''Deputy Commissioner for the Commonwealth'' means the Deputy Commissioner
appointed by the Governor-General pursuant to clause 9.
''Deputy Commissioner for New South Wales'' means the Deputy Commissioner
appointed by the Governor of New South Wales pursuant to clause 9.
''Deputy Commissioner for South Australia'' means the Deputy Commissioner
appointed by the Governor of South Australia pursuant to clause 9.
''Deputy Commissioner for Victoria'' means the Deputy Commissioner appointed
by the Governor of Victoria pursuant to clause 9.
''diversions'' includes abstractions, impoundings and appropriations of water
that diminish or retard the volume of flow of a river.
''Doctors Point'' means the location of the Doctors Point stream gauging
station.
''former Agreement'' means the Agreement made on 9 September 1914 between the
Prime Minister of the Commonwealth of Australia and the Premiers of the States
of New South Wales, Victoria and South Australia as amended by further
agreements dated 10 August 1923, 23 July 1934, 26 November 1948, 2 November
1954, 11 September 1958, 8 October 1963 and 26 February 1970.
''Governor-General'' means Governor-General with the advice of the Executive
Council.
''Governor'' means Governor with the advice of the Executive Council.
''land'' includes Crown lands and buildings, messuages, tenements and
hereditaments of any tenure and any easement right or privilege in over or
affecting any land.
''maintenance'' includes repairs but does not include improvements to the
design or function of a work or replacement of the whole of the work.
''officer'' means a person in the employ of the Commission who has been
appointed or employed by the Commission under sub-clause 22 (1).
''river'' and ''tributary'' respectively include any affluent, effluent,
creek, anabranch or extension of, and any lake or lagoon connected with, the
river or tributary.
''State'' means the State of New South Wales, the State of Victoria or the
State of South Australia.
''State auditor'' means a person appointed by the Governor of any of the
States of New South Wales, Victoria and South Australia for the purpose of
carrying out the inspection and audit referred to in paragraph 59 (1) (b).
''State Contracting Government'' means any of the Governments of the State of
New South Wales, the State of Victoria or the State of South Australia.
''stored water'' means water stored in or by any of the works described in
Schedule A or in or by any of the works authorised under clause 33.
''the Authority'' means the Snowy Mountains Hydro-electric Authority.
''the Snowy Mountains Agreement'' means the agreement made between the
Commonwealth of Australia and the States of New South Wales and Victoria on 18
September 1957, and the agreement between the same parties made on 14 December
1957, both of which agreements are set out in Schedules to the Snowy Mountains
Hydro-electric Power Act 1949 of the Commonwealth of Australia.
Interpretation
2. (1) Unless the contrary intention appears, a reference in this Agreement to
any Act shall be read as including a reference to any Act amending, or in
substitution for, that Act.
(2) The headings of Parts, Divisions and clauses shall not affect the
interpretation of this Agreement.
(3) Unless the contrary intention appears, words importing the singular shall
include the plural and vice versa and words importing any gender shall include
any other gender.
(4) Unless the contrary intention appears, a reference to a Commissioner shall
be read as including a Deputy Commissioner who is acting as a Commissioner.
PART II-APPROVAL AND ENFORCEMENT
Substitution
3. Except as otherwise provided in this Agreement and without affecting in any
way the past operation of the former Agreement, this Agreement shall replace
the former Agreement.
Approval
4. This Agreement, other than clause 5, is subject to approval by the
Parliaments of the Commonwealth of Australia and of the States of New South
Wales, Victoria and South Australia; and shall come into effect when so
approved.
Submission to Parliament
5. The Contracting Governments hereby agree to submit this Agreement for
approval to the respective Parliaments of the Commonwealth of Australia and of
the said States as soon as practicable after the date of this Agreement.
Parties to provide for enforcement of Agreement and Acts
6. Each of the Contracting Governments so far as its jurisdiction extends and
so far as it may be necessary shall provide for or secure the execution and
enforcement of the provisions of this Agreement and any Acts approving it.
PART III-THE COMMISSION
Constitution
7. The River Murray Commission constituted under the former Agreement shall
continue to function for the purposes of this Agreement and of the Acts
approving the same, and the Commission shall have such status and such powers
and duties and enjoy such privileges and immunities as may be conferred upon
it by this Agreement and the said Acts.
8. The Commission shall consist of four Commissioners.
Appointment of Commissioners and Deputy Commissioners
9. One Commissioner and one Deputy Commissioner shall be appointed by each of
the Governor-General, the Governor of New South Wales, the Governor of
Victoria and the Governor of South Australia.
Term of Appointment
10. Each Commissioner and Deputy Commissioner shall be appointed for a term
not exceeding five years and shall be eligible for re-appointment.
Continuation in Office
11. Where, immediately before the date on which this Agreement comes into
effect, a person holds office as a Commissioner or a Deputy Commissioner by
virtue of a provision of the former Agreement, he continues on and after that
date, but subject to this Agreement, to hold office for the remainder of his
term of office as if he had been appointed under the corresponding provision
of this Agreement, and any instrument by which his appointment was made
continues in force accordingly.
When Deputy Commissioner may act
12. Whenever-
(a) the Commissioner for the Commonwealth or a State is
(i) absent from Australia or from duty,
(ii) unable for any reason to attend a meeting of the Commission, or
(iii) otherwise unable to perform the duties of his office, or
(b) there is a vacancy in the office of the Commissioner for the
Commonwealth or a State,
the Deputy Commissioner for the Commonwealth or that State, as the case may
be, shall act as Commissioner for the Commonwealth or that State, as the case
may be, and while so acting, shall have all the powers and perform all the
duties of that Commissioner.
Powers of Commissioners
13. Subject as provided in this Agreement the Commissioners shall have equal
powers.
Remuneration of Commissioners and Deputy Commissioners
14. The Commission shall not be responsible for the payment of a
Commissioner's or Deputy Commissioner's remuneration, allowances or expenses,
but each Commissioner or Deputy Commissioner shall be paid by the Contracting
Government by whose Governor-General or Governor (as the case may be) the
Commissioner or Deputy Commissioner has been appointed such remuneration,
allowances or expenses (if any) as shall be determined by or under any
applicable law or, in the absence of such law, by that Contracting Government.
Removal from office
15. A Commissioner or a Deputy Commissioner for the Commonwealth may at any
time be removed from office by the Governor-General and a Commissioner or a
Deputy Commissioner for a State may at any time be removed from office by the
Governor of that State.
Resignation
16. A Commissioner or a Deputy Commissioner may at any time tender resignation
of his appointment by writing under his hand, addressed, in the case of a
Commissioner or a Deputy Commissioner for the Commonwealth, to the
Governor-General, or in the case of a Commissioner or a Deputy Commissioner
for a State, to the Governor of that State and such resignation shall take
effect upon, and only upon, acceptance thereof by the Governor-General or the
Governor as the case may be.
Vacancies
17. Whenever a vacancy occurs in the office of-
(a) a Commissioner or a Deputy Commissioner for the Commonwealth, the
Governor-General, or
(b) a Commissioner or a Deputy Commissioner for a State, the Governor of
that State,
shall appoint a person to the vacant office.
Validity of proceedings
18. No act, proceeding or determination of the Commission shall be invalid on
the ground only of any defect in the appointment of any Commissioner or Deputy
Commissioner.
Meetings of the Commission
19. (1) The Commissioners may meet together for the transaction of the
Commission's business and may adjourn any meeting.
(2) A Commissioner may at any time call a meeting of the Commissioners.
(3) The Commissioner for the Commonwealth shall be the President of the
Commission and shall be the chairman at all meetings of the Commission at
which he is present.
(4) At any meeting of the Commission at which the Commissioner for the
Commonwealth is not present, the Deputy Commissioner for the Commonwealth
shall act as chairman of that meeting.
(5) The Commissioner for the Commonwealth shall have a deliberative vote but
shall not have a casting vote, except as provided in sub-clauses 20 (2), 82
(2) and 116 (5).
(6) The four Commissioners shall be a quorum and, except as provided in
sub-clauses 20 (2), 82 (2) and 116 (5), the concurrence of all of them shall
be necessary for the transaction of the business of the Commission.
(7) Except as provided in this Agreement, the Commission shall regulate the
conduct of its own proceedings.
(8) The Commission shall cause proper minutes of all its proceedings to be
kept.
(9) A resolution in writing signed by all the Commissioners shall be as valid
and effectual as if it had been passed at a meeting of the Commissioners duly
convened and held. Any such resolution may consist of several documents in
like form, each signed by one or more of the Commissioners. The date and time
of affixing a signature as aforesaid shall be endorsed on the document to
which it is affixed and, provided that all Commissioners have signed as
aforesaid, the resolution shall be deemed to have been passed at the latest
time so endorsed.
Delegation
20. (1) The Commission may either generally or in relation to a matter or
class of matters by resolution of the Commission delegate to any Commissioner
or any officer any of its powers under this Agreement, except this power of
delegation.
(2) A delegation under sub-clause 20 (1) may be revoked by a majority vote of
the four Commissioners or, if the four Commissioners are equally divided, by
the casting vote of the Commissioner for the Commonwealth.
(3) A delegation of any power pursuant to this clause shall not prevent the
exercise of that power by the Commission.
(4) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Agreement, be deemed to have been exercised by the
Commission.
Appointment of Committees
21. (1) The Commission may, from time to time, appoint such temporary or
standing committees as it shall see fit.
(2) A committee shall have and perform such powers and functions as the
Commission determines.
(3) The Commission may make arrangements with a Contracting Government with
respect to which costs associated with the work of a committee shall be borne
by the Commission and which shall be borne by that Contracting Government. Of
the costs to be borne by the Commission, the Commission shall decide which
costs shall be borne by the Contracting Governments and which costs shall be
borne by the State Contracting Governments.
Officers of the Commission
22. (1) The Commission may from time to time-
(a) appoint or employ such officers as it thinks fit and may dismiss or
remove officers so appointed or employed,
(b) determine the terms and conditions of employment, including
remuneration, of officers and, subject to any applicable law,
provide for their superannuation, and
(c) subject to such terms and conditions as it may approve, engage
consultants.
(2) All officers shall be subject to the sole control of the Commission.
Employment of officers in public service or in statutory authorities
23. (1) The Commission may, with the consent of the Minister controlling any
Department of the Public Service of any Contracting Government and on such
terms as may be mutually arranged, make use of the services of any of the
officers or employees of that Department.
(2) The Commission may, with the approval of a public authority and on such
terms as may be mutually arranged, make use of the services of any officer or
employee of that public authority.
(3) In sub-clause 23 (2), ''public authority'' means a body, whether
incorporated or not, established for a public purpose by a law of the
Commonwealth, a State or a Territory.
Liability for acts of Commissioners and officers
24. (1) Each Contracting Government shall indemnify the Commissioner and
Deputy Commissioner appointed by the Governor-General or the Governor of its
State, as the case may be, in respect of any act or omission of that
Commissioner or that Deputy Commissioner, and for any losses or costs incurred
by him, in the bona fide execution of the powers vested in the Commission by
or under this Agreement or any Act approving the same.
(2) The Contracting Governments shall jointly indemnify each officer of the
Commission in respect of any act or omission of that officer, and for any
losses or costs incurred by him, in the bona fide execution of his duties as
an officer of the Commission.
(3) Any payments made pursuant to sub-clause 24 (2) shall be borne by the
Contracting Governments in equal shares.
PART IV-WATER QUALITY AND CONTROL
Studies and investigations
25. (1) The Commission may from time to time co-ordinate, or carry out, or
cause to be carried out, surveys investigations and studies regarding the
desirability and practicability of works or measures for the better
conservation and regulation of the waters of the River Murray or for the
protection or improvement of the quality thereof.
(2) The Commission shall not carry out or cause to be carried out any surveys
investigations or studies relating to works or measures on or adjacent to a
tributary of the River Murray without obtaining the consent of the State in
whose territory the tributary lies unless that tributary is a tributary above
Doctors Point or is the Darling River below Menindee.
(3) (a) The Commission may from time to time initiate proposals for
the better conservation and regulation of the waters of the River Murray or
for
the protection or improvement of the quality thereof.
(b) Where the implementation of any such proposal would significantly
affect the flow, use, control or quality of any water under the control,
supervision or protection of a Contracting Government, or of an authority of a
Contracting Government, the Commission shall so inform that Contracting
Government or authority and consider any matters raised by that Contracting
Government or authority in repect of the proposal.
Measurements of water quantity and quality
26. (1) The Commission shall establish, maintain and operate an effective and
uniform system-
(a) for making and recording continuous measurements of-
(i) the volumetric flow of-
(A) the River Murray, and
(B) such of the tributaries of the River Murray as are within
the
boundaries of each of the States, and
(ii) the volume of-
(A) the stored water, and
(B) the water stored in the Menindee Lakes Storage,
at such locations as the Commission deems necessary to determine the volume
of the intake from the several portions of the drainage area of the River
Murray, the volume of flow at selected locations along the River Murray and
the
losses from selected reaches of the River Murray, with their positions and
modes of
occurrence;
(b) for making and recording continuous measurements of all diversions,
whether natural or artificial, or partly natural and partly artificial,
from the River Murray and from its said tributaries; and
(c) for measuring and monitoring the quality of-
(i) the waters of the River Murray,
(ii) the waters of the tributaries of the River Murray at such
locations
at or near the confluence of each of those tributaries with the River Murray
as
the Commission, after consultation with the appropriate authorities of each of
the Contracting Governments, deems necessary,
(iii) the stored water, and
(iv) the water stored in the Menindee Lakes Storage.
(2) The Commission shall not establish, maintain or operate any of the systems
referred to in sub-clause 26 (1)-
(a) on or adjacent to a tributary of the River Murray without obtaining
the
consent of the State in whose territory that tributary lies unless that
tributary is a tributary above Doctors Point or is the Darling River below
Menindee, or
(b) on or adjacent to the Menindee Lakes without obtaining the consent of
the State of New South Wales.
(3) Notwithstanding the provisions of sub-clause 26 (1), the Commission may in
lieu of establishing, maintaining, or operating the systems referred to in
that sub-clause-
(a) adopt the results of any measurements or monitoring made and recorded
by
any Contracting Government, or
(b) request the State in whose territory the relevant tributary of the
River
Murray or the Menindee Lakes lies to carry out such measuring or monitoring as
the Commission may consider necessary.
Water quality objectives and standards
27. The Commission may, in consultation with the appropriate responsible
authorities of each of the Contracting Governments, formulate water quality
objectives and, where appropriate, standards for any part of the River Murray
and may make recommendations with respect thereto to the Contracting
Governments.
Recommendations re water quantity and quality
28. The Commission may make recommendations to the Contracting Governments, or
to any authority, agency or tribunal of a Contracting Government, concerning
any matter, including the carrying out of any works or measures by a
Contracting Government, which, in the opinion of the Commission, may improve,
maintain or in any way affect the quality or quantity of the waters of the
River Murray or the stored water.
Commission to be informed of new proposals
29. (1) Whenever a Contracting Government, or one of its authorities, is
considering any proposal which may significantly affect the flow, use, control
or quality of any water under the control or supervision of the Commission,
that Contracting Government shall, or shall ensure that the authority shall,
before deciding if the proposal shall proceed and at such a time as will
enable the Commission to assess the possible effect of that proposal on the
flow, use, control or quality of that water and to make representations
thereon to that Contracting Government or that authority-
(a) inform the Commission of the proposal; and
(b) provide the Commission with all necessary information and data to
permit
it to assess the anticipated effect of the proposal on the flow, use, control
or quality of the water.
(2) The Commission shall consult with each of the Contracting Governments, and
with any authority of a Contracting Government which that
Contracting Government considers is likely to consider a proposal of the type
referred to in sub-clause 29 (1), with a view to reaching agreement with that
Contracting Government, or that authority, as to-
(a) the types of proposals to which sub-clause 29 (1) shall be deemed to
apply; and
(b) the criteria to be used in assessing those proposals to which
sub-clause
29 (1) applies.
Regard to be had to river and water management objectives
30. In exercising its powers under this Agreement and in implementing the
provisions of Part IX, the Commission may, at its discretion, have regard to
the possible effects of its decisions on any river or water management
objectives.
Protection of catchment of Hume Reservoir
31. (1) The Contracting Governments of the States of New South Wales and
Victoria shall take effective measures to protect from erosion the portions of
the catchment of the Hume Reservoir which lie within their respective States.
(2) Each of the said Contracting Governments shall before the end of June in
each year forward a report to the Commission on the condition of the portion
of the catchment of the Hume Reservoir within its territory, the measures
taken and work carried out during the twelve months ending on the 31st day of
March immediately preceding and particulars of the measures and works proposed
for the next twelve months.
(3) The Commission shall, from time to time, inspect or cause to be inspected
such portions of the catchment of the Hume Reservoir as it thinks fit and may
indicate at any time whether in its opinion the measures taken and works
carried out by the said Contracting Governments for the protection from
erosion of that catchment are effective or otherwise. If, on any inspection,
the Commission considers that any of those measures or works are ineffective,
it shall notify the Contracting Government concerned which shall, to the
extent that it may be practicable to do so, take action to make those measures
and works effective.
(4) The measures, works and action taken or carried out by a
Contracting Government pursuant to sub-clause 31 (1) or 31 (3) shall be taken
or carried out at the cost of that Contracting Government.
(5) If at any time the Commission considers that there is need for special
action to be taken for the protection from erosion of the catchment of the
Hume Reservoir other than, or in addition to, the measures, works and action
taken or carried out by each of the said Contracting Governments under
sub-clauses 31 (1) and 31 (3), the Commission may require the Contracting
Government, in whose territory the special action is to be carried out, to
investigate the position and to take such special action as may be required,
and authorised, by the Commission.
PART V-CONSTRUCTION, OPERATION AND MAINTENANCE OF WORKS
Major works subject to the Agreement
32. Each of the works described in Schedule A or authorised under clause 33
shall be constructed (unless already constructed under the former Agreement),
maintained, operated and controlled pursuant to the provisions of this
Agreement and any Acts approving the same and the construction, maintenance,
operation and control of each of those works shall, subject to the provisions
of this Agreement, be undertaken, in the case of the works described in
Schedule A, by the Contracting Government whose name is set opposite to that
work under the heading ''Nominated Government'' in the said Schedule, and, in
the case of works authorised under clause 33, by the Contracting Government
nominated in accordance with that clause.
Authorisation of additional works
33. (1) In any case where the Commission is of the opinion that it is
necessary for the purposes of this Agreement to construct a work in addition
to those described in Schedule A, including a work which the Commission has
determined is necessary to prevent the loss of the regulated flow of the River
Murray and is to be constructed on or near the River Murray between the Hume
Reservoir and the upstream limits of water impounded by Yarrawonga Weir or
between Tocumwal and Echuca, the construction of that work may be authorised,
(a) if the estimated cost of construction of that work is not in excess of
$1,000,000, by the Commission, or
(b) in any other case, by the Contracting Governments jointly,
and the provisions of this Agreement shall apply mutatis mutandis in respect
of that work.
(2) When the construction of a work is authorised under sub-clause 33 (1), the
Contracting Governments, or the Commission, as the case may be, shall also
nominate which Contracting Government shall be responsible for the
construction, maintenance, operation and control of that work.
Ancillary, preventative and remedial works
34. On the application of a Commissioner, the Commission may, at its
discretion, meet, or contribute to, the costs of, or associated with-
(a) the construction, maintenance, operation or control of,
(i) any works of a Contracting Government ancillary to the works
constructed pursuant to this Agreement or the former Agreement, and
(ii) any preventative or remedial works of a Contracting Government
necessitated by, or arising from, the construction or operation
of works
constructed pursuant to this Agreement or the former Agreement,
(b) the acquisition by a Contracting Government of any interest in land
necessary for the construction, maintenance, operation or control of those
ancillary, preventative or remedial works, or for the provision of flood
easements, and
(c) remedying any actual or anticipated damage or injury occasioned by the
construction, maintenance, operation or control of any works provided for in
this Agreement or the former Agreement,
provided that the Commission shall first obtain the consent of the Contracting
Governments before meeting, or contributing to, the costs of, or associated
with, the construction of any ancillary, preventative or remedial work
estimated to cost in excess of $250,000.
Preparation and submission of designs, etc. for Commission approval
35. (1) Whenever a Contracting Government is nominated to construct a work
pursuant to this agreement, that Contracting Government shall cause to be
prepared and submitted to the Commission for its approval a general scheme of
the work to be constructed, and before commencing the construction of that
work shall cause to be prepared and submitted to the Commission for its
approval the necessary designs, specifications and estimates of that work.
(2) The Commission may approve the said general scheme, designs,
specifications or estimates with or without alterations or additions, or may,
from time to time, refer them or any of them for amendment to the Contracting
Government submitting them. The construction of the work shall be carried out
in accordance with the designs and specifications approved by the Commission
and with any directions given by the Commission pursuant to clause 37.
(3) The Commission shall furnish information to the Contracting Governments in
relation to the design and construction of any work estimated to cost more
than $1,000,000 and work shall not proceed unless the Contracting Governments
are satisfied that the design and construction of the work are in accordance
with the purposes for which the work was proposed. For the purposes of this
sub-clause, ''design'' means general design which illustrates the nature and
extent of the work and ''construction'' implies construction in accordance
with the said design.
Commission and Government approval of certain tenders
36. (1) A Constructing Authority shall obtain the approval of the Commission
before accepting any tender exceeding $1,000,000 in respect of any work to be
constructed pursuant to this Agreement, and the approval of the Commission
shall not be given without the prior approval of each of the
Contracting Governments.
(2) If, after a tender referred to in sub-clause 36 (1) has been accepted,
changes in the concept or design, or the concept and design, of the works
included in that tender cause the total estimated cost of those works at the
time of acceptance of the tender to rise by more than 10% above that total
estimated cost, the Commission shall forthwith notify the Contracting
Governments accordingly and shall direct the Constructing Authority to suspend
further work unless the Contracting Governments have within six months after
the Commission's notification agreed that work should proceed.
Directions for the efficient construction etc. of works
37. The Commission shall have full power to give directions to ensure the
efficient construction, operation and required performance of all works
constructed pursuant to this Agreement or the former Agreement and to order
and direct-
(a) the rate of progress of works whether of construction or maintenance;
(b) the method and extent of maintenance of works;
(c) if necessary, what works shall be regarded as works of
construction or of maintenance; and
(d) such acts and things as it considers necessary for ensuring the due
observance of this Agreement;
and any directions so given shall be carried out by the
Constructing Authority.
Completion of Chowilla Reservoir
38. Completion of the construction of the Chowilla Reservoir referred to in
Schedule A shall be deferred until the Contracting Governments agree that the
work shall proceed.
States to facilitate construction and operation within their territories
39. A Contracting Government within whose State any works for the purposes of
this Agreement are to be, or are being, or have been, constructed by another
Contracting Government, or an authority constituted or appointed for the
purpose of that construction by another Contracting Government, shall grant to
the Contracting Government or Constructing Authority all such powers, licences
and permissions in and to the use of, or with respect to, its territory as may
be necessary for the construction, maintenance, operation and control of those
works and for carrying out any operations authorised by this Agreement.
Works for benefit of State Contracting Governments
40. If any one of the State Contracting Governments desires to carry out on
the bed of, or within the banks of, the River Murray any work other than the
works provided for in this Agreement, either as a work of the State of that
State Contracting Government, or as a joint work with another State
Contracting Government, particulars of the proposal, including plans of the
proposed work, shall be submitted by that State Contracting Government, or
those State Contracting Governments, to the Commission. The Commission may
approve the proposed work with or without alteration and if the proposed work
provides for the storage of water or will affect the flow, use, control or
quality of the waters of the River Murray, the Commission may, from time to
time, stipulate conditions under which the said work shall be operated or
controlled insofar as regulation of the river flow, or the quality of water,
may be affected, and the whole cost of construction, maintenance, operation
and control of the said work shall be borne by the State
Contracting Government or State Contracting Governments concerned, as may be
agreed upon between them, and the State Contracting Government which operates
and controls the work shall cause it to be operated and controlled in such
manner as may, from time to time, be required by the Commission.
Declaration that works effective
41. At any time after the commencement of the construction of any work
described in Schedule A or authorised pursuant to sub-clause 33 (1), the
Commission may declare that work to be effective for the purposes of this
Agreement.
Maintenance of works
42. Where a Contracting Government has been nominated to construct a work
pursuant to this Agreement or the former Agreement, that
Contracting Government shall maintain the work so constructed and keep the
same effective for the purpose for which it was designed, unless that work
shall have been declared to have become ineffective in accordance with clause
47.
Procedures for operation and control of works
43. The Commission may, from time to time, determine procedures for the
operation and control of works constructed pursuant to this Agreement, or the
former Agreement.
Dredging and Snagging
44. (1) Where any weir has been constructed pursuant to this Agreement, or the
former Agreement, the Commission may from time to time, at its discretion,
determine that dredging or snagging in the River upstream of that weir shall
be carried out within such distance from that weir as the Commission shall
determine, but not exceeding the distance to which the navigability of the
River Murray is affected by that weir. The Contracting Government which
constructed that weir shall, at its own cost, carry out such dredging or
snagging as the Commission may determine.
(2) Notwithstanding the provisions of sub-clause 44 (1), the Commission may,
in its absolute discretion, agree to bear the whole or part of the cost of the
said dredging and snagging.
(3) For the purposes of this clause, ''weir'' includes a weir and lock or a
barrage in any of the channels at the mouth of the River Murray.
Operation and control of works
45. The works constructed by a Contracting Government under this Agreement, or
the former Agreement, shall be operated and controlled by that
Contracting Government in accordance with procedures determined by the
Commission pursuant to clause 43; and that Contracting Government, in the case
of a lock constructed pursuant to this Agreement, or the former Agreement,
shall at all times maintain immediately upstream thereof a depth of water
sufficient for navigation by vessels drawing 1.4 metres of water or such other
depth of water as may be determined by the Commission under clause 105
provided that the requirement as to depth shall not apply during the time that
lock is closed for maintenance or during a situation of emergency which
renders it impracticable to maintain the required depth of water at that lock.
Performance of joint duties
46. Where, pursuant to this Agreement, the duty of maintaining, operating or
controlling any works, or of carrying out any operation, is to be performed by
any two Contracting Governments jointly, any questions which may arise as to
which of those Contracting Governments is to perform that duty, or to carry
out that operation, shall, unless mutually agreed upon between them, be
determined by the Commission.
Ineffective works
47. The Commission may at any time declare that the whole or any part of any
of the works constructed, maintained, operated or controlled pursuant to this
Agreement, or the former Agreement, has become ineffective for the purposes of
this Agreement, whereupon, if requested to do so by the Commission, the State
Contracting Government responsible for the maintenance, operation and control
of that work shall dismantle so much of that work as the Commission may
require.
PART VI-FINANCE
Apportionment of costs
48. (1) The Contracting Governments shall share equally-
(a) the cost of-
(i) carrying out, constructing or installing the works set out in
Schedule A,
(ii) the studies, programmes, surveys and investigations carried out
pursuant to clause 25,
(iii) establishing systems referred to in sub-clause 26 (1) or
systems
established pursuant to a request made under paragraph 26 (3) (b),
(iv) special action taken under sub-clause 31 (5) which the
Commission has determined pursuant to sub-clause 48 (4) shall
be borne by the Contracting Governments in equal shares,
(v) constructing the works authorised under sub-clause 33 (1)
unless the
Contracting Governments have entered into an agreement under sub-clause 48
(3),
(vi) complying with a direction given under sub-clause 36 (2), and
(vii) dismantling the works referred to in clause 47,
(b) the costs associated with the work of a committee which the Commission
has decided under sub-clause 21 (3) are to be borne by the Contracting
Governments,
(c) the amount of any payment made by the Commission
(i) under clause 34 but not including the amount of any payment
made in
respect of the maintenance, operation or control of the works of a Contracting
Government referred to in paragraph 34 (a), (b) or (c), and
(ii) under paragraph 114 (a), and
(d) the administrative and other expenses of the Commission which are not
included under paragraphs 48 (1) (a), (b) or (c).
(2) The State Contracting Governments shall share equally-
(a) the cost of maintaining, operating and controlling-
(i) the works set out in Schedule A,
(ii) systems referred to in sub-clause 26 (1) or systems established
pursuant to a request made under paragraph 26 (3) (b), and
(iii) the works authorised under sub-clause 33 (1) unless the
Contracting
Governments have entered into an agreement under sub-clause 48 (3),
(b) the costs associated with the work of a committee which the Commission
has decided under sub-clause 21 (3) are to be borne by the State Contracting
Governments,
(c) the cost of special action taken under sub-clause 31 (5) which the
Commission has determined pursuant to sub-clause 48 (4) shall be borne by the
State Contracting Governments in equal shares,
(d) the amount of any payment made by the Commission in respect of the
maintenance, operation or control of the works of a Contracting Government
referred to in paragraph 34 (a), (b) or (c),
(e) such costs of dredging or snagging carried out under clause 44 as the
Commission has agreed to pay, and
(f) the amount of any payment made by the Commission under paragraph 114
(b).
(3) The Contracting Governments may agree that the costs of constructing,
maintaining, operating and controlling the works referred to in sub-clause 33
(1) shall be borne by one or more of the Contracting Governments in such
shares as may be agreed.
(4) Whenever any special action is taken under sub-clause 31 (5), the
Commission shall determine whether the cost of that special action is to be
borne by the Contracting Governments in equal shares or by the State
Contracting Governments in equal shares.
Financial year
49. The financial year of the Commission shall commence on the first day of
July in one year and finish on the 30th day of June in the succeeding year.
Detailed estimates of expenditure
50. (1) In the month of March in each year the Commission shall prepare
detailed estimates (being estimates in such form as may from time to time be
agreed by the Commission and the Contracting Governments) of its known and
anticipated expenditure for the forthcoming financial year under the following
heads-
(a) the matters referred to in paragraphs 48 (1) (a), (b) and (c),
(b) the matters referred to in sub-clause 48 (2),
(c) the matters referred to in paragraph 48 (1) (d), and
(d) all other expenses of the Commission not included under
paragraphs 50 (1) (a), (b) or (c).
(2) The detailed estimates of expenditure shall show the share to be
contributed by each Contracting Government.
(3) Prior to the 31st day of March in each year, the Commission shall forward
a copy of the detailed estimates of expenditure to each of the
Contracting Governments.
Excess expenditure
51. (1) If, in the opinion of the Commission, it is necessary in any financial
year to provide for any expenditure in excess of the amount set out in the
detailed estimates of expenditure and for which provision cannot be made under
sub-clause 64 (2), the Commission shall prepare a detailed estimate of that
excess expenditure (being an estimate in such form as may from time to time be
agreed by the Commission and the Contracting Governments) showing the share to
be contributed by each Contracting Government.
(2) A copy of the detailed estimate of excess expenditure shall be forwarded
to each Contracting Government.
Forward estimates
52. (1) Whenever the Commission prepares a detailed estimate of expenditure
under clause 50 in respect of a financial year, it shall, at the same time,
prepare forward estimates of its known and anticipated expenditure in respect
of the three year period comprising that financial year and the two financial
years next ensuing after that financial year.
(2) Each forward estimate shall be in the same form as a detailed estimate of
expenditure prepared under clause 50 and the Commission shall forward a copy
thereof to each Contracting Government prior to the 31st day of March in each
year.
Payments by Contracting Governments
53. Each Contracting Government shall provide the share to be contributed by
it under the detailed estimates of expenditure or a detailed estimate of
excess expenditure and shall pay so much of the same as is required by the
Commission before the expiration of the twelve month period to which those
estimates apply, provided that the Commission shall not require the payment of
moneys relating to the construction of the works referred to in sub-clause 33
(1) until the construction of those works has been authorised in accordance
with that sub-clause.
Payments by Commission to States
54. (1) In accordance with the detailed estimates of expenditure or a detailed
estimate of excess expenditure prepared by the Commission pursuant to clause
50 or 51, the Commission shall in each year pay to any Constructing Authority
required by this Agreement to construct, maintain, operate or control any
works or to carry on any operation an amount sufficient to defray the cost to
be incurred by that Constructing Authority for those purposes in that year or,
in the case of the cost referred to in paragraph 114 (b), three-quarters of
that cost.
(2) The amounts to be paid to a Constructing Authority pursuant to sub-clause
54 (1) shall be paid at such times and in such manner as may be agreed between
the Commission and that Constructing Authority provided that no amount shall
be paid to a Constructing Authority for construction of works referred to in
sub-clause 33 (1) until the construction of those works has been authorised in
accordance with that sub-clause.
Unexpended balances
55. (1) Whenever any moneys, which have been paid to the Commission by a
Contracting Government pursuant to clause 53, remain unexpended at the end of
the financial year in respect of which they were paid, those moneys shall be
retained by the Commission but shall cease to be available for expenditure by
the Commission in accordance with the estimates of expenditure for that
financial year.
(2) The Commission shall, within a reasonable time after the commencement of
the next financial year, furnish details of the unexpended moneys to that
Contracting Government and notify that Contracting Government that it now
holds the unexpended moneys as part of the share to be contributed under
clause 53 by that Contracting Government for the next financial year.
(3) On giving the notice referred to in sub-clause 55 (2), the unexpended
moneys shall become available for expenditure in accordance with the estimates
of expenditure for the next financial year.
(4) For the purposes of this clause:
''the estimates of expenditure'' means a detailed estimate of expenditure, or
a detailed estimate of excess expenditure, or both, as the case may require,
''the next financial year'' means the financial year next following the
financial year referred to in sub-clause 55 (1), and
''the unexpended moneys'' means the unexpended moneys referred to in
sub-clause 55 (1).
Disposal of surplus assets
56. The Commission shall, whenever appropriate, determine the time and
manner of disposal of surplus assets acquired by the Commission, or by a
Constructing Authority with funds made available by the Commission, and shall
also determine the manner in which the proceeds from that disposal shall be
distributed among the Contracting Governments.
Proper accounts to be kept
57. The Commission shall cause to be kept proper accounts and records of
the transactions and affairs of the Commission and shall do all things
necessary to ensure that all payments out of its moneys are correctly made and
properly authorised and that adequate control is maintained over the assets
of, or in the custody of, the Commission and over the incurring of liabilities
by the Commission.
List of assets
58. The Commission shall cause to be kept a list of the assets acquired
by-
(a) the Commission, and
(b) a Constructing Authority with funds made available by the Commission
provided that, if the Commission is satisfied that proper records of the
assets acquired by a Constructing Authority with funds made available by the
Commission are kept by that Constructing Authority and that copies of those
records will be made available to the Commission whenever the Commission so
requests, the Commission may decide not to keep a list of those assets.
Audit
59. (1) The accounts and records of financial transactions of the Commission
and records relating to assets of, or in the custody of, the Commission
(a) shall, at least once in each year, be inspected and audited by the
Commonwealth auditor, who shall forthwith draw the attention of each
Contracting Government to any irregularity disclosed by the inspection and
audit that is, in his opinion, of sufficient importance to justify his so
doing, and
(b) may at any reasonable time, be inspected and audited by a State
auditor.
(2) The Commonwealth auditor may, at his discretion, dispense with all or any
part of the detailed inspection and audit of any accounts or records referred
to in sub-clause 59 (1).
(3) The Commission shall, at all reasonable times, allow the Commonwealth
auditor, or a State auditor, or a person authorised by either of them, to have
full and free access to all accounts and records of the Commission relating
directly or indirectly to the receipt or payment of moneys by the Commission
or to the acquisition, receipt, custody or disposal of assets by the
Commission.
(4) The Commission shall permit the Commonwealth auditor or a State auditor,
or a person authorised by either of them, to make copies of, or take extracts
from, any such accounts or records.
(5) The Commission shall, and shall ensure that its officers shall, furnish to
the Commonwealth auditor, a State auditor, or a person authorised by either of
them, such information in the possession of the Commission or any of its
officers, or to which the Commission or that officer has access, as the
Commonwealth auditor, a State auditor or authorised person considers necessary
for the purposes of the functions of the Commonwealth auditor or a State
auditor under this clause.
(6) A report of the result of any inspection and audit under this clause shall
be furnished to each Contracting Government and to the Commission by the
person making that inspection and audit.
Commission to account
60. The Commission shall account to the Contracting Governments for all moneys
received by the Commission from the Contracting Governments under or for the
purposes of this Agreement.
Contracting Governments to account
61. Each Contracting Government shall, and shall ensure that an authority of
that Contracting Government shall, account to the Commission for all moneys
received by that Contracting Government, or that authority, from the
Commission under or for the purposes of this Agreement.
Bank accounts
62. (1) The Commission may open and maintain an account or accounts with a
bank or banks selected by the Commission and shall maintain at all times at
least one such account.
(2) The Commission shall pay all moneys received by it into an account
referred to in sub-clause 62 (1).
Investment
63. (1) Moneys of the Commission not immediately required for the purposes of
this Agreement may be invested by the Commission on fixed deposit with a bank
selected by the Commission.
(2) Any interest received by the Commission on moneys invested pursuant to
sub-clause 63 (1) shall be retained by the Commission until the end of the
financial year in which it was received and,
(a) if the moneys in respect of which that interest was received were
contributed by all the Contracting Governments, or by a State Contracting
Government pursuant to clause 65, distribute that interest to the Contracting
Governments in equal shares, and
(b) if the moneys in respect of which that interest was received were
contributed only by the State Contracting Governments, or by one of them
pursuant to clause 66, distribute that interest to the State Contracting
Governments in equal shares.
(3) The Commission may agree with a Contracting Government that,
instead of distributing to that Contracting Government the moneys it would be
entitled to receive under sub-clause 63 (2), the Commission shall retain those
moneys and set them off against the amounts to be paid under clause 53 by that
Contracting Government to the Commission during the next financial year.
Application of moneys by Commission
64. (1) Subject as hereinafter provided in this clause, the Commission
shall apply moneys received by it pursuant to clause 53 only in accordance
with
the detailed estimates of expenditure or the detailed estimates of excess
expenditure, as the case may be.
(2) (a) For the purposes of this sub-clause-
''estimated amount'' in respect of the first item or the second item means
the amount set opposite to that item in a detailed estimate of expenditure as
the amount to be expended on that item in the financial year to which that
detailed estimate of expenditure relates,
''the first item'' means an item appearing under one of the heads set out
in sub-clause 50 (1) in the same detailed estimate of expenditure in which the
estimated amount appears, and
''the second item'' means an item, not being the first item, appearing in
the same detailed estimate of expenditure and under the same head as the first
item.
(b) If the Commission is satisfied that, in a financial year,
(i) the actual amount required to be expended on the first item
shall be
less than the estimated amount for that item, and
(ii) the actual amount required to be expended on the second item
shall be greater than the estimated amount for that item
the Commission may, at its discretion, expend on the second item so much of
the estimated amount for the first item as is not required for expenditure on
the first item.
(3) The Commission shall, at the end of each financial year, notify to the
Contracting Government details of moneys it has expended pursuant to
sub-clause 64 (2) during that financial year.
(4) When, in any financial year, a detailed estimate of excess expenditure has
been prepared and forwarded to each Contracting Government in accordance with
clause 51 that detailed estimate of excess expenditure shall, for the purposes
of sub-clause 64 (2), be read as being incorporated in, and forming part of,
the detailed estimate of expenditure for the same financial year.
Revenue
65. If a Contracting Government or an authority of that Contracting Government
receives moneys (other than tolls referred to in clause 66) from any person
arising out of the use by that person of any works constructed for the
purposes of this Agreement or the former Agreement, that
Contracting Government shall, or shall ensure that that authority shall, pay
those moneys to the Commission which shall retain them until the end of the
financial year in which they were received by the Commission when the
Commission shall distribute those moneys to the Contracting Governments in
equal shares.
Tolls
66. (1) A State Contracting Government shall collect all tolls which are
prescribed by the Commission for the use of weirs and locks which have been
constructed for the purposes of this Agreement or the former Agreement and
which are operated and controlled by that State Contracting Government
pursuant to clause 45 and shall not otherwise collect tolls in respect of
navigation on the River Murray.
(2) Whenever a State Contracting Government collects a toll prescribed by the
Commission, it shall pay the amount collected without deduction to the
Commission which shall retain that amount until the end of the financial year
in which it was received by the Commission when the Commission shall
distribute that amount to the State Contracting Governments in equal shares.
Compensation for damage by works
67. Where, pursuant to any Act approving this Agreement, a Constructing
Authority has made compensation for any damage occasioned by, or arising out
of, anything done by it in constructing, maintaining, operating or controlling
any works provided for in this Agreement, the amount of that compensation, to
the extent that it has not been met, or contributed to, by the Commission
under paragraph 34 (c), shall be contributed by the Contracting Governments in
equal shares.
PART VII-REPORTS
Preparation of reports
68. (1) The Commission shall, as soon as practicable after the 30th day of
June in each year, prepare and submit to each of the Contracting Governments
in respect of the financial year ending on that date its financial statements
together with a report as to-
(a) its proceedings;
(b) the operations carried on by it or under its orders, with particular
reference to-
(i) the measurement of the flow of the River Murray and its
tributaries,
(ii) the measurement and monitoring of the quality of water, and
(iii) deliveries of water;
(c) the effect of the diversions to the said 30th day of June on the flow
of
the River Murray and its tributaries;
(d) the construction, operation and maintenance of all works constructed
pursuant to this Agreement or the former Agreement;
(e) its administration generally; and
(f) the condition of the catchment of the Hume Reservoir and any action
taken by the Commission to protect from erosion the catchment thereof
pursuant to clause 31.
(2) Before submitting financial statements to the Contracting Governments, the
Commission shall submit them to the Commonwealth auditor who shall report to
each of the Contracting Governments-
(a) whether, in his opinion, the statements are based on proper accounts
and
records,
(b) whether the statements are in agreement with the accounts and records,
(c) whether, in his opinion, the receipt, expenditure and investment of
moneys, and the acquisition and disposal of assets, by the Commission
during the year have been in accordance with this Agreement, and
(d) as to such other matters arising out of the statements as the
Commonwealth auditor considers should be reported to the Contracting
Governments.
(3) Reports and statements to be submitted pursuant to sub-clause 68 (1) shall
be addressed to the Governor-General or the Governor (as the case may
require).
PART VIII-PROCEEDINGS IN DEFAULT
Failure to perform works or contribute cost
69. (1) If any Contracting Government (in this clause called ''the defaulting
Government'') whose duty it is under this Agreement, or under any direction
issued in accordance with this Agreement, to construct, or to continue the
construction of, or to maintain, operate or control, any works, or to carry on
any operation, or to make a payment to the Commission which it is required to
make under clause 53, refuses or neglects to do so after being thereunto
required by the Commission, the Commission shall immediately notify to each of
the other Contracting Governments particulars of the default.
(2) If the default relates to the construction of, or to the continuation of
the construction of, or to the maintenance, operation or control of, any
works, or to the carrying on of any operation, the Contracting Governments
that are not in default and each of them, with the approval of the Commission,
(a) may, without prejudice to their or its other rights under this
Agreement, enter upon the territory of the defaulting Government and
construct, or continue and complete the construction of, or maintain,
operate or control, the whole of those works (or any part thereof
specified by the Commission), or carry on that operation (or any part
thereof specified by the Commission) and shall be deemed to have all
such powers, licences and permissions as are required from the
defaulting Government to construct, maintain, operate or control those
works or to carry on that operation and shall be entitled, in place of
the Constructing Authority required by this Agreement to construct,
maintain, operate or control those works, or to carry on that
operation, to receive the moneys payable to that
Constructing Authority under clause 54 in respect of that
construction, maintenance, operation, control or carrying on, and
(b) may, in any court of competent jurisdiction, recover as a debt from
the
defaulting Government all moneys reasonably expended by them or it in doing
any
of the things referred to in paragraph 69 (2) (a) in excess of the moneys paid
to them or it by the Commission under that paragraph, together with interest
thereon at the prescribed rate.
(3) For the purpose of any act or thing to be done under sub-clause 69 (2),
the Contracting Governments that are not in default and each of them shall
have the rights and powers of a Constructing Authority, but the defaulting
Government shall, on the completion of such act or thing and the payment of
all moneys payable by it under sub-clause 69 (2), be deemed to be the
Constructing Authority.
(4) If the defaulting Government defaults in the payment by the due date for
payment of a sum of money which it is required under clause 53 to pay to the
Commission, the defaulting Government shall be liable to pay interest to the
Commission on the amount of the overdue payment at the prescribed rate, and
the Contracting Governments that are not in default and each of them shall
have the right (but not the obligation) at any time to pay to the Commission
any unpaid sum with accrued interest thereon on behalf of the defaulting
Government. Any amount paid by a Contracting Government not in default on
behalf of the defaulting Government (together with interest thereon at the
prescribed rate calculated from the date of such payment to the Commission by
the Contracting Government that is not in default) shall constitute a debt due
and payable by the defaulting Government to the Contracting Government that
made the payment and shall be recoverable accordingly in any court of
competent jurisdiction.
(5) Any interest received by the Commission under this clause shall be paid-
(i) to the Contracting Governments not in default in equal shares,
if the
moneys in respect of which the interest was received were moneys which the
defaulting Government was required to pay in respect of any of the matters
referred to in sub-clause 48 (1), or
(ii) to the State Contracting Governments not in default in equal
shares, if
the moneys in respect of which the interest was received were moneys which the
defaulting Government was required to pay in respect of any of the matters
referred to in sub-clause 48 (2).
(6) For the purposes of this clause, ''the prescribed rate'' shall be a rate
of 2% per annum above the maximum overdraft rate fixed by the Reserve Bank of
Australia for amounts of $100,000 or less and applicable at the time payment
became due or, if no rate is so fixed, a rate of 4% per annum above the rate
payable on Commonwealth securities of the longest term offered for public
subscription in Australia for the Commonwealth cash loan opened next before
the time the payment became due.
(7) Any interest payable under this clause shall be calculated from the due
date for payment of the said sum to the date of actual payment, whether
payment is made by the defaulting Government or on its behalf.
PART IX-DISTRIBUTION OF WATERS
Division 1-Interpretation
Definitions
70. For the purposes of this Part only-
''period of restriction'' means a period of restriction declared under clause
104;
''upper river'' means the aggregate of:-
(a) the main course of the River Murray upstream of the eastern boundary
of the State of South Australia;
(b) all tributaries entering the said main course upstream of Doctors
Point;
(c) all effluents and anabranches of the said main course, excepting such
as may be excepted by the Commission;
(d) the water courses connecting Lake Victoria to the said main course;
(e) the Darling River downstream of Menindee;
(f) the Great Darling Anabranch; and
(g) the upper river storages;
''upper river storages'' means Lake Victoria, the Menindee Lakes Storage, and
the storages formed by Dartmouth Dam, Hume Dam and by those weirs, and
weirs and locks, described in Schedule A which are situated upstream of the
eastern boundary of the State of South Australia;
''upper States'' means the States of New South Wales and Victoria;
''water available for release at the direction of the Commission'' means water
physically capable of being released from a storage other than water the
release of which cannot be required by virtue of sub-clause 82 (1).
Post Chowilla
71. Upon the Chowilla Reservoir being declared to have become effective for
the purposes of this Agreement-
(a) the provisions of this Part shall be construed as if-
(i) in the definition of ''upper river'', the words ''Chowilla
Reservoir
outlet'' were substituted for the words ''eastern boundary of the State of
South Australia'';
(ii) in sub-clause 72 (1), the words ''Water released from and water
diverted by the State of South Australia from the Chowilla Reservoir'' were
substituted for the words ''Water flowing in the River Murray past the eastern
boundary of the State of South Australia'';
(iii) sub-clause 72 (2) and clause 75 were deleted;
(iv) in sub-clause 78 (3) and clauses 85 and 104, the words
''Chowilla
Reservoir'' were substituted for the words ''Lake Victoria''.
(b) until the Lake Victoria works are declared to have become ineffective
for the purposes of this Agreement, the provisions of this Part shall
be construed as if-
(i) in the definition of ''upper river storages'', the words
''Chowilla
Reservoir,'' were inserted before the words ''Lake Victoria'';
(ii) in paragraph 106 (b), the words ''the Chowilla Reservoir and''
were
inserted before the words ''Lake Victoria''; and
(c) upon the Lake Victoria works being declared to have become ineffective
for the purposes of this Agreement, the provisions of this Part shall be
construed as if-
(i) in the definition of ''upper river'', paragraph (d) were
deleted;
(ii) in the definition of ''upper river storages'', the words
''Chowilla
Reservoir'' were substituted for the words ''Lake Victoria'';
(iii) in paragraph 106 (b), the words ''Chowilla Reservoir'' were
substituted for the words ''Lake Victoria''.
Division 2-State Entitlements to Water
Measurement of South Australia's entitlement
72. (1) Water flowing in the River Murray past the eastern boundary of the
State of South Australia shall be deemed to be supplied to and received by
that State.
(2) The quantity of water so flowing in any month shall be deemed to be the
sum of the quantities, as determined by the Commission by appropriate
measurements, flowing in the same month in-
(i) the River Murray between the confluences of the Rufus and
Lindsay Rivers with the River Murray, and
(ii) the Lindsay River near its confluence with the River Murray
or shall be determined in such other manner as the Commission may from time to
time decide.
South Australia's monthly entitlement
73. The State of South Australia shall be entitled to receive-
(a) at times other than a period of restriction, the following monthly
quantities:
July. . . . . . . . . . . . . 108,500 megalitres
August. . . . . . . . . . . . 124,000 megalitres
September . . . . . . . . . . 135,000 megalitres
October . . . . . . . . . . . 170,500 megalitres
November. . . . . . . . . . . 180,000 megalitres
December. . . . . . . . . . . 217,000 megalitres
January . . . . . . . . . . . 217,000 megalitres
February. . . . . . . . . . . 194,000 megalitres
March . . . . . . . . . . . . 186,000 megalitres
April . . . . . . . . . . . . 135,000 megalitres
May . . . . . . . . . . . . . 93,000 megalitres
June. . . . . . . . . . . . . 90,000 megalitres
(b) during a period of restriction, monthly quantities equal to the lesser
of:-
(i) the monthly quantities to which the State of South Australia is
entitled under clause 108, and
(ii) the monthly quantities set out in paragraph 73 (a) for the
months
occurring in that period.
Variation of South Australia's entitlements
74. The Commission may from time to time, at the request of the Commissioner
for South Australia, vary for a specified sequence of months any of the
monthly quantities which that State is entitled to receive under clause 73
without increasing the total of those quantities for that sequence.
Use of Lake Victoria
75. If the Commission decides that the flow or prospective flow of the River
Murray downstream of its junction with the Great Darling Anabranch is, or will
be for any month in excess of the sum of-
(a) the quantities which the State of South Australia is entitled to
receive
in that month under clause 73 or 74;
(b) any quantities which, in the opinion of the Commission, ought to be
and
can be impounded in Lake Victoria during that month with the object of filling
that storage at some time before the end of the next ensuing month of May; and
(c) any quantities required for use by the upper States, downstream of the
junction of the River Murray and the Great Darling Anabranch,
the State of South Australia may receive that excess in addition to the
quantity of water which it is entitled to receive under clause 73 or 74.
Surplus flow to South Australia
76. The quantity of water that the State of South Australia is entitled to
receive in any month shall not be diminished by reason of it having received
in any previous month a greater quantity than it was entitled to receive under
clause 73 or 74.
Entitlements of New South Wales and Victoria
77. (1) Subject to the supply to the State of South Australia of the
quantities of water that that State is entitled to receive under clause 73 or
74, each of the upper States shall, except as otherwise expressly provided in
Division 4 of this Part, be entitled to:
(a) the full use of all tributaries in its territory flowing to but not
forming part of the upper river and shall have the right to divert, store and
use the flows thereof, before their entry to the upper river;
(b) half the waters of the upper river upstream of Doctors Point,
including
any waters diverted thereto by works of the Authority.
(c) half the waters entering the Menindee Lakes from the Darling River,
subject to the prior entitlement of the State of New South Wales to use water
from the Menindee Lakes Storage as provided in clause 78; and
(d) subject to paragraph 77 (1) (c), the full use from the upper river of
water arriving at the point of use and contributed by any tributary, or any
outfall approved by the Commission, entering the upper river from its
territory
downstream of Doctors Point;
(2) Entitlements under sub-clause 77 (1) shall not be affected by the
declaration of a period of restriction except as specifically provided in
clause 95 and Division 5 of this Part.
New South Wales' entitlement to water from Menindee Lakes
78. (1) At any time after the quantity of water stored in the Menindee Lakes
Storage is reduced to less than 480,000 megalitres and until the quantity of
water so stored next exceeds 640,000 megalitres, the State of New South Wales
may use the water so stored as it requires.
(2) At any time when sub-clause 78 (1) does not apply, the State of New South
Wales may as it requires divert from or release from the water stored in the
Menindee Lakes Storage 125,000 megalitres in any period of 12 months
commencing on the first day of July.
(3) During any period for which the Commission determines that the spills from
the Menindee Lakes Storage exceed the amount required by the Commission for
storage in Lake Victoria and to supply the State of South Australia's
entitlement, including any period when water is being released from the
Menindee Lakes Storage solely to provide space for the retention of
floodwaters, any water diverted by the State of New South Wales from the
Menindee Lakes Storage or from water spilling therefrom or released therefrom
to provide space for the retention of floodwaters shall not be considered as
diverted from that State's entitlement under sub-clause 78 (2).
New South Wales' and Victoria's supply to South Australia
79. From the waters available to them under clauses 77 and 78, the upper
States shall contribute, in equal proportions, the quantities of water which
the State of South Australia is entitled to receive under clause 73 or 74.
Limitations on use by New South Wales and Victoria
80. Unless the Commission otherwise agrees, neither of the upper States shall
use water from the upper river to the extent that, at the 31st day of May next
ensuing, the volume of water in the upper river storages and allocated to that
State will be less than half the volume of the reserve determined under clause
85.
Division 3-Control by Commission
Commission's role in operation of storages
81. (1) Release of water from the upper river storages shall be in accordance
with such directions as the Commission may issue from time to time. Without
limiting the generality of clauses 43 and 45, the Commission may issue such
directions in the form of standing procedures and, subject to clause 84, may
at any time amend or suspend the whole or any part of such procedures.
(2) In determining any direction to be issued under this clause-
(a) the Commission shall have regard to-
(i) maintaining the supply to the State of South Australia of the
quantities of water that that State is entitled to receive,
(ii) maintaining a reserve of water as provided for in clause 85,
and
(iii) facilitating the exercise by the upper States, as they require,
of their respective rights to use water from the upper river,
and
(b) subject to clause 83, the Commission may have regard to-
(i) the improvement or maintenance of the quality of the waters in
the upper river or in the River Murray downstream of the
eastern boundary of the State of South Australia, and
(ii) the pursuit of any other water management objectives consistent
with this Agreement.
Limitations on Menindee Lakes operation
82. (1) No direction under clause 81 shall require the release of water from
the Menindee Lakes Storage at any time after the volume of water stored
therein is reduced to less than 480,000 megalitres until that volume next
exceeds 640,000 megalitres.
(2) Any direction of the Commission requiring the release of water from the
Menindee Lakes Storage when sub-clause 82 (1) does not apply, shall be
determined by a majority vote of the four Commissioners or, if the four
Commissioners are equally divided, by the casting vote of the Commissioner for
the Commonwealth.
Accounting for releases for dilution
83. (1) No direction under clause 81 issued solely for the purposes referred
to in paragraph 81 (2) (b) shall require the release of water from any upper
river storage, unless-
(a) the release of water is in accordance with sub-clause 83 (2) or 83
(3),
or
(b) the Commission has determined how much of the volume to be released
under its direction is to be contributed from water allocated
respectively to the
States of New South Wales and Victoria. In such a determination the Commission
shall have consideration to the quality of the water entering the upper river
below Doctors Point.
(2) The flow passing Torrumbarry Weir shall, as far as possible, be regulated
so as to prevent the electro-conductivity of the river water at Swan Hill
exceeding 500 microsiemens per centimetre at twenty-five degrees Celsius, but,
unless the Commission directs otherwise, such flow shall not be required to
exceed 3,900 megalitres per day except when needed to meet downstream water
requirements.
(3) The flow passing Euston Weir shall, as far as possible, be regulated so as
to prevent the electro-conductivity of the river water at Merbein exceeding
500 microsiemens per centimetre at twenty-five degrees Celsius, but, unless
the Commission directs otherwise, such flow shall not be required to exceed
2,450 megalitres per day plus the combined diversion requirements of the
pumping districts of Red Cliffs, First Mildura Irrigation Trust, Merbein,
Coomealla and Curlwaa, except when needed to meet downstream water
requirements.
Procedures for Dartmouth Dam operation
84. Insofar as procedures for the operation and control of Dartmouth Reservoir
affect the release of water through the power station of that Reservoir, the
Commission may not amend such procedures or, except in an emergency, suspend
any part of such procedures, without prior consultation with the State
Electricity Commission of Victoria and the Constructing Authority for
Victoria.
Reserve storage
85. The Commission may from time to time determine the volume of a reserve of
water to be held in the upper river storages at the 31st day of May next
ensuing; provided that, unless the Commission otherwise determines, the volume
of such reserve shall be 2,500,000 megalitres of which not less than 250,000
megalitres shall be in Lake Victoria.
Use of State Works to convey Murray water
86. Subject to such terms and conditions as may be agreed between the
Commission and an upper State, the Commission may arrange for the conveyance
of water from one part to another of the upper river via works under the
control of that State.
Division 4-Water Accounting
General
87. For the purpose of giving effect to the principles set out in the
preceding Divisions of this Part, the following provisions shall apply.
Allocation of water to New South Wales and Victoria
88. (1) In respect of any period, a quantity of water estimated by the
Commission as-
(a) the quantity of water which would have flowed in the River Murray past
Doctors Point in that period but for the effect during that period of
diversions to or from, and impoundments on, the upper river upstream of
Doctors Point, plus
(b) the quantity of water diverted by works of the Authority to the upper
river upstream of Doctors Point from beyond the natural boundaries of the
catchment thereof
shall be allocated between the upper States as provided in sub-clause 88 (2).
(2) The quantity of water estimated for any month in accordance with
sub-clause 88 (1) shall be allocated as follows-
(a) for any of the months from May through to August inclusive, the whole
quantity shall be allocated half each to the States of New South Wales and
Victoria;
(b) for any of the months from September through to April inclusive;
(i) during any period of restriction, the first 12,900 megalitres
per
month (being equivalent to the ceding by the State of Victoria to the State of
New South Wales of a volume of 6,450 megalitres per month), and
(ii) at any other time, the first 16,700 megalitres per month (being
equivalent to the ceding by the State of Victoria to the State of New South
Wales of a volume of 8,350 megalitres per month)
shall be allocated to the State of New South Wales, and the remainder shall
be allocated half each to the States of New South Wales and Victoria.
Allocation of water in Menindee Lakes Storage
89. Of the quantity of water which in any period enters the Menindee Lakes
Storage from the Darling River, an amount shall be allocated to the State of
New South Wales equal to the amount to which that State is entitled during
that period under sub-clause 78 (1) or 78 (2) and the remainder shall be
allocated half each to the States of New South Wales and Victoria.
Tributary inflows
90. The quantity of water which in any period enters the upper river
downstream of Doctors Point from a tributary, or from any artificial outfall
approved by the Commission for the purposes of this clause, other than
quantities referred to in clause 89, shall be allocated to the upper State
from which the water enters the upper river.
Use by New South Wales and Victoria of allocated water
91. Any quantity of water diverted from the upper river by offtakes under the
jurisdiction of an upper State shall be deemed to be used by that State,
unless otherwise determined by the Commission.
Snowy diversions out of Murray catchment
92. Any quantity of water diverted by works of the Authority from the Tooma
River to the Eucumbene Storage and the Tumut River or from the Geehi River to
the Snowy River shall be deemed to be used half each by the upper States.
Losses
93. Any quantity of water which is lost by evaporation or percolation or other
means from the upper river shall be deemed to be used by the upper States and,
unless otherwise determined by the Commission, shall be deemed to be used half
each by those States or in such proportions as the Commission may from time to
time determine.
New South Wales' and Victoria's supply to South Australia
94. For the purposes of this Division any quantity of water supplied to the
State of South Australia in any month and which that State is entitled to
receive under clause 73 or 74 shall be deemed to be supplied half each by the
upper States and the Commission shall make appropriate adjustments to
allocations between the upper States of water in the upper River so as to give
effect to those States' obligations under clause 79.
Deferment of continuous accounting of carryover of stored water
95. Unless the Commission otherwise determines, the quantity of water in the
upper river storages, being water available for release at the direction of
the Commission-
(a) at the commencement of any period of restriction, and
(b) at the 1st day of July in every year in which a period of restriction
does not exist on the 1st day of July
shall be deemed to be water allocated half each to the upper States.
Reallocation of water between upper States
96. (1) By agreement between the Commissioners for New South Wales and
Victoria, any quantity of water allocated to one upper State and in store in
any of the upper river storages or in transit in a specified part of the upper
river, may be exchanged for a quantity of water allocated to the other upper
State and in store in another of the upper river storages or in transit in
another specified part of the upper river, if such an exchange of water does
not prejudice the entitlement of the State of South Australia.
(2) The Commission may at any time, with the consent of an upper State,
determine that certain quantities of water in transit in the upper river are
surplus to the requirements of that State and reallocate the whole or part of
such quantities from that State to the other upper State.
Accounting for quality of inputs from State tributaries and for Snowy Scheme
97. (1) The quantities of water allocated to the upper States may be adjusted
by the Commission having regard to the quality of each State's tributary
inputs to the upper river. To this end, the Commission shall as soon as
practicable bring into effect, and may from time to time amend, rules for the
adjustment of the quantities of water allocated to the States of New South
Wales and Victoria having regard to the quality of water entering the upper
river downstream of Doctors Point from tributaries and from any artificial
outfalls.
(2) The Commission may adjust the quantities of water allocated to the States
of New South Wales and Victoria under paragraph 88 (1) (b) having regard to
any extraordinary aspects of operation of the Snowy Scheme.
To provide efficient regulation of the Murray River
98. Any water used by an upper State or supplied to the State of South
Australia by an upper State, shall be deemed to be provided from water
allocated to that upper State and the Commission may as necessary to ensure
the availability of appropriately allocated water at the place of such use or
supply, reallocate quantities of water in the upper river but shall not
thereby alter the total quantities of water allocated to the respective upper
States in the upper river.
Accounting procedures
99. Subject to clauses 95, 96, 97 and 98, the quantity of water in any part of
the upper river and which is allocated to an upper State shall be deemed-
(a) to increase in any period by the quantity of water allocated to that
State flowing into that part in that period, and
(b) to decrease in any period by any quantities of water-
(i) used by that State by way of diversion or loss from that
part in that period, or
(ii) passed from that part in that period for
- downstream use by that State,
- supply by that State to the State of South Australia,
- conveyance to another part of the upper river as water allocated to
that State, or
(iii) released from that part in that period and determined or deemed
under paragraph 83 (1) (b) or clause 103 to be a release of water allocated to
that State, or
(iv) spilled from that part in that period and deemed under clause
100 to
be a spill of water allocated to that State.
Accounting for spill from storages
100. Any quantity of water which is spilled from any of the upper river
storages, including water released solely to provide space for the retention
of floodwaters, shall be deemed to be water spilled out of the waters
allocated to the respective upper States, in such proportions as equalizes or
tends most to equalize the remaining quantities of water allocated to the
respective upper States in that storage.
Accounting for releases through Dartmouth Dam Power Station
101. Any quantity of water which is released from Dartmouth Reservoir through
the hydro-electric power station shall be deemed to be released from waters
allocated to the respective upper States-
(a) in such proportions as equalizes, or tends most to equalize, the
remaining quantities of water allocated to the respective upper States in that
reservoir, if the water is released when the storage level in Dartmouth
Reservoir is above such level as the Commission may from time to time
determine
for the purposes of this paragraph, or
(b) in equal proportions, if the water is released otherwise than in the
circumstances referred to in paragraph 101 (a).
Reallocation of water in Menindee Lakes Storage
102. At the conclusion of any period during which sub-clause 78 (1) applies,
the quantities of water stored in the Menindee Lakes Storage and allocated
respectively to the States of New South Wales and Victoria shall be adjusted
so that the difference between those quantities becomes the same as the
difference in the allocated quantities as at the beginning of that period.
Dilution at Swan Hill and Merbein
103. Until rules have been brought into effect under sub-clause 97 (1), any
quantity of water released from an upper river storage in accordance with
sub-clause 83 (2) or 83 (3) and in excess of requirements for use by the upper
States and for supply to the State of South Australia shall be deemed to be
released in equal proportions from water allocated to the upper States, unless
otherwise determined by the Commission.
Division 5-Periods of Restriction
Declaration of restrictions
104. The Commission may at any time declare a period of restriction for a
specified period of whole months ending not before the 31st day of May next
ensuing and may subsequently amend any such declaration, but the Commission
shall declare a period of restriction unless it is satisfied that the
quantities of water available for release at the direction of the Commission
from the upper river storages will not be, at the 31st day of May then next
ensuing, below 2,500,000 megalitres of which not less than 250,000 megalitres
will be in Lake Victoria or unless it resolves that it is not necessary to do
so.
Variation of navigation depths during restrictions
105. When a period of restriction has been declared by the Commission pursuant
to clause 104, the Commission may vary the provisions of clause 45 respecting
the depth of water to be maintained at the locks constructed pursuant to this
Agreement or the former Agreement.
Water under the control of the Commission
106. For the purposes of this Division, ''water under the control of the
Commission'' means the aggregate of-
(a) the water stored in the Hume and Dartmouth Reservoirs at the
commencement of the period of restriction;
(b) the water stored in Lake Victoria at the commencement of the period of
restriction;
(c) the water available for release from the Menindee Lakes Storage at the
direction of the Commission in accordance with clause 82 during the period of
restriction, after allowing for New South Wales' prior entitlements
under clause 78;
(d) during the period of restriction the runoff from the catchment of the
upper river above Doctors Point, excluding water diverted from the Tooma River
to the Eucumbene Storage and the Tumut River and from the Geehi River to the
Snowy River;
(e) water diverted to the upper river above Doctors Point by works of the
Authority during the period of restriction;
(f) the difference between the amount of water in transit in the upper
river
at the beginning and end of the period of restriction.
Sharing of water during restrictions
107. As soon as practicable after a period of restriction has been declared,
and from time to time during that period, the Commission shall-
(a) determine the expected quantity of water under the control of the
Commission;
(b) determine the quantity of water which is to be allowed during the
period
of restriction for-
(i) losses by evaporation, percolation, and other means in the
upper
river;
(ii) losses by evaporation, percolation, and other means in the
River
Murray between the eastern boundary of the State of South Australia and the
town of Wellington and for dilution in the State of South Australia, but the
total
quantity of water allowed for under this sub-paragraph shall be 58,000
megalitres per month, unless otherwise determined by the Commission;
(c) determine the quantity to be held in the upper river storages at the
end
of the period of restriction and available for release at the direction of the
Commission;
(d) having regard to its determinations under paragraphs 107 (a), 107 (b)
and 107 (c), determine the quantity of water (hereinafter called ''the
available
water'') available for use by the upper States and for supply to the State of
South Australia during the period of restriction.
South Australian share during restrictions
108. (1) Subject to paragraph 73 (b), the restricted entitlement of the State
of South Australia during a period of restriction shall be one third of the
available water, which shall be distributed between the months of the period
of restriction as the Commission determines, plus the monthly quantities
described in sub-paragraph 107 (b) (ii).
(2) The Commission may vary for a period not exceeding six months at any one
time, the proportion of one third prescribed in sub-clause 108 (1).
PART X-LAKE VICTORIA WORKS
Power to store water in Lake Victoria
109. Subject to clause 75, the State of South Australia may at all times
divert into Lake Victoria for impounding or storing therein, the waters of the
River Murray flowing at the site or sites of the offtake or offtakes for
diversion into Lake Victoria.
Water stored in Lake Victoria
110. Subject to this Agreement the State of South Australia will, at the
request of the State of New South Wales, permit the reasonable use of the
water of the said lake by occupiers of land on the banks of Lake Victoria and
by occupiers on the settlement of lands of a total area not exceeding 81,000
hectares in the vicinity of Lake Victoria for domestic purposes, for watering
their cattle and other stock and for watering gardens not exceeding 2 hectares
in connection with a dwelling house.
PART XI-MENINDEE LAKES STORAGE
Cessation of Menindee Lakes Storage Agreement
111. Upon the coming into effect of this Agreement, the agreement made between
the parties hereto on the 8th day of October 1963 and set out in the Schedule
to the Menindee Lakes Storage Agreement Act 1963 of the Commonwealth of
Australia shall cease to have effect.
Maintenance of Menindee Lakes Storage
112. The State of New South Wales shall carry out the maintenance necessary to
keep the Menindee Lakes Storage and the works associated with it in good order
and condition, having regard to the full supply levels and storage capacities
referred to in clause 113.
Full supply levels
113. For the purposes of this Agreement, and unless otherwise agreed between
the Water Resources Commission of New South Wales and the Commission by the
exchange of letters between them, the full supply levels of the Menindee Lakes
Storage will be-
Lake Wetherell-Elevation 61.7 Australian Height Datum,
Lake Pamamaroo-Elevation 60.4 Australian Height Datum,
Lake Menindee-Elevation 59.8 Australian Height Datum,
Lake Cawndilla-Elevation 59.8 Australian Height Datum,
corresponding to a total storage capacity of approximately 1,794,000
megalitres. Financial contributions of Commission
114. The Commission shall pay to the State of New South Wales in respect of
each year commencing on the first day of January-
(a) an amount at the rate of $320,000 per annum to be paid by equal
quarterly instalments at the end of each quarter, but no payment shall
be made in respect of any day or days on which the effective capacity
of the Menindee Lakes Storage is less than 740,000 megalitres and an
appropriate proportionate deduction shall be made from the quarterly
instalment for the quarter in which any such day or days occur; and
(b) three-quarters of the cost during that year of operating the Menindee
Lakes Storage and of carrying out the maintenance necessary to keep the said
Storage and the works associated with it in good order and condition.
PART XII-EFFECT OF SNOWY MOUNTAINS AGREEMENT
Reconciliation with Snowy Mountains Agreement
115. (1) This Agreement shall operate according to its tenor to define the
rights to water in the River Murray and its tributaries of the States of New
South Wales, Victoria and South Australia.
(2) The provisions as to sharing of waters contained in this Agreement shall
apply to the exclusion of the provisions contained in sub-clause 12 (2) of the
Snowy Mountains Agreement.
(3) To the extent to which any provision of this Agreement conferring rights
on the State of South Australia to the use of water is inconsistent with the
provisions of the Snowy Mountains Agreement, the first mentioned provision
shall prevail, and the provisions of the Snowy Mountains Agreement shall be
modified accordingly.
(4) Upon the coming into effect of this Agreement-
(a) the reference in clause 11 of the Snowy Mountains Agreement to ''the
River Murray Commission'' shall be deemed to refer to the Commission; and
(b) the references in that clause to ''a declared period of restriction
within the meaning of clause 51 of the River Murray Agreement'' and ''the
declared period of restriction'' shall be deemed to refer to a period of
restriction declared pursuant to clause 104 of this Agreement.
(5) Except to the extent provided in this clause, the Snowy Mountains
Agreement shall continue in full force and effect.
PART XIII-MISCELLANEOUS
Arbitration
116. (1) Subject to sub-clause 116 (6), if a difference of opinion arises
among the Commissioners on any question, not being a question of law, that
question, unless the Commissioners concur within the prescribed period after
submission by a Commissioner of a resolution thereon, shall, as provided in
this clause, be referred for decision to an arbitrator, who shall be appointed
by the Contracting Governments.
(2) At the end of the prescribed period, a Contracting Government may give to
the other Contracting Governments written notice to concur in the appointment
of an arbitrator and to refer that question to that arbitrator for decision.
(3) If the appointment be not made within two months after the giving of that
notice, the Chief Justice of the Supreme Court of Tasmania or the person for
the time being discharging the duties of that office may, at the request of
that Contracting Government, appoint an arbitrator, who shall have the like
powers to act in the reference to decide the question as if he had been
appointed by the Contracting Governments.
(4) The decision of an arbitrator appointed to decide the question shall be
binding on the Commission and the Contracting Governments and shall be deemed
to be the decision of the Commission.
(5) For the purposes of this clause, ''the prescribed period'' shall be a
period of two months or such other period, not being more than six months, as
is determined by a majority vote of the four Commissioners or, if the four
Commissioners are equally divided, by the casting vote of the Commissioner for
the Commonwealth.
(6) This clause shall not apply to a question-
(a) before the Commission pursuant to clause 117; or
(b) which has been decided by a majority vote of the four Commissioners,
or
by the casting vote of the Commissioner for the Commonwealth, pursuant to a
provision of this Agreement.
Proposals to amend Agreement
117. The Commission shall from time to time review this Agreement, and if in
the opinion of the Commission, amendments thereto are necessary or desirable,
make recommendations to the Contracting Governments accordingly.
Furnishing information and particulars
118. Each Contracting Government shall furnish or cause to be furnished, to
the Commission, at such times as the Commission may require, all such
information and particulars as the Commission may require for any of the
purposes of this Agreement and as that Contracting Government is able to
furnish.
Authorities to observe agreement
119. Whenever an authority of a Contracting Government is constituted or
appointed for the purpose of constructing, maintaining, operating or
controlling any works under this Agreement, that Contracting Government shall
ensure that that authority shall observe the provisions of this Agreement.
Transitional provisions
120. (1) In this clause:
''commencing day'' means the day on which this Agreement comes into effect;
''current financial year'' means the financial year during which this
Agreement comes into effect;
''estimates'' means detailed estimates of expenditure under clause 50 and
includes, where the context admits, a detailed estimate of excess expenditure
under clause 51; and
''next financial year'' means the financial year next following the day on
which this Agreement comes into effect.
(2) Acts or things consistent with the provisions of this Agreement that have
been done by or on behalf of a Contracting Government or the Commission in
anticipation of this Agreement coming into effect shall be regarded as having
been done under and in accordance with its provisions.
(3) Without limiting the generality of sub-clause 120 (2)-
(a) any documents forwarded prior to the commencing day by the Commission
to
the Contracting Governments, being documents in the form of estimates for the
current financial year, shall be deemed to be estimates forwarded in respect
of
that year;
(b) any moneys provided prior to the commencing day by a Contracting
Government to the Commission in accordance with a document referred to in
paragraph 120 (3) (a) shall be deemed to have been provided pursuant to clause
53 in respect of the current financial year;
(c) any moneys expended by the Commission prior to the commencing day in
accordance with a document referred to in paragraph 120 (3) (a) shall be
deemed
to have been expended pursuant to this Agreement in respect of the current
financial year; and
(d) if this Agreement comes into effect on a day between the 31st day of
March and the next ensuing 30th day of June, both dates inclusive, any
documents forwarded prior to the commencing day by the Commission to the
Contracting Governments, being documents in the form of estimates for the next
financial year, shall be deemed to be estimates forwarded in respect of that
year.
(4) If, during the current financial year and prior to the commencing day, any
moneys of the Commission were invested on fixed deposit with a bank, any
interest received by the Commission during the current financial year on those
moneys shall be dealt with as if it was interest referred to in clause 63 and,
for that purpose, moneys of a kind referred to in clause 65 or 66 and
contributed by a State Contracting Government shall be deemed to have been
contributed by that State Contracting Government pursuant to clause 65 or 66,
as the case may be.
(5) Any other matters of a transitional nature concerning this Agreement shall
be settled by agreement between the Contracting Governments.
----------------
SCHEDULE A
--------------------------------------------------------------------------------
Description of works Location Nominated
government
--------------------------------------------------------------------------------
DARTMOUTH DAM with a capacity of approximately 4,000,000
megalitres. Mitta Mitta River
upstream of the town of
Dartmouth, north-
eastern Victoria. Government of
Victoria.
HUME DAM with a capacity of approximately 3,038,000
megalitres. River Murray upstream
of the city of Albury,
New South Wales. The Governments of
New South Wales and
Victoria, jointly.
LAKE VICTORIA WORKS- regulation reservoir with a storage capacity of
approximately 700,000
megalitres. Lake Victoria, New
South Wales connected
with main stream of
River Murrayby Rufus
River and Frenchman's
Creek. Government of South
Australia.
YARRAWONGA WEIR- storage of about 120,000
megalitres. River Murray near the
town of Yarrawonga,
Victoria. Government of
Victoria.
CHOWILLA DAM-with a capacity of approximately 5,900,000
megalitres. River Murray between
the towns of Renmark
and Wentworth. Government of South
Australia.
Weirs and locks:
Construction of thirteen weirs and locks in the course of the River Murray
from its mouth to Echuca,
namely: River distance from
Murray mouth in
kilometres.
No. 1 Blanchetown 274 Government of South
Australia
No. 2 Waikerie 362 Government of South
Australia
No. 3 Overland Corner 431 Government of South
Australia
No. 4 Bookpurnong 516 Government of South
Australia
No. 5 Renmark 562 Government of South
Australia
No. 6 Murtho 620 Government of South
Australia
No. 7 Rufus River 697 Government of South
Australia
No. 8 Wangumma 726 Government of South
Australia
No. 9 Kulnine 765 Government of South
Australia
No. 10 Wentworth 825 Government of New
South Wales
No. 11 Mildura 878 Government of Victoria
No. 15 Euston 1,110 Government of New
South Wales
No. 26 Torrumbarry 1,638 Government of Victoria
Weirs
Construction of two weirs in the course of the Murrumbidgee River from its
junction with the River Murray to
Hay, namely: River distance upstream
from the junction with
the River Murray in
kilometres.
No. 5 Redbank 193 Government of New
South Wales
No. 7 Maude 290 Government of New
South Wales
Murray Mouth Barrages:
Goolwa Goolwa Channel Government of South
Australia
Mundoo Mundoo Channel Government of South
Australia
Boundary Boundary Creek Channel Government of South
Australia
Ewe Island Ewe Island Channel Government of South
Australia
Tauwitchere Tauwitchere Island
Channel Government of South
Australia
--------------------------------------------------------------------------------
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 COMMONWEALTH OF AUSTRALIA by the Right Honourable JOHN
MALCOLM FRASER, Prime Minister
of Australia, in the presence of: MALCOLM FRASER
PETER ARNOLD
SIGNED on behalf of THE STATE OF NEW SOUTH WALES by the Honourable NEVILLE
KENNETH WRAN, Premier of New South
Wales, in the presence of: NEVILLE WRAN
M. HARKINS
SIGNED on behalf of THE STATE OF VICTORIA by the Honourable JOHN CAIN, Premier
of Victoria, in the presence
of: JOHN CAIN
J. B. JACK
SIGNED on behalf of THE STATE OF SOUTH AUSTRALIA by the Honourable DAVID
OLIVER TONKIN, Premier of South
Australia, in the presence of: DAVID TONKIN
PETER ARNOLD
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