{"id":"groundwater-border-agreement-act-1985","name":"Groundwater (Border Agreement) Act 1985","slug":"groundwater-border-agreement-act-1985","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":67024,"registerId":"sa-groundwater-border-agreement-act-1985-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Groundwater (Border Agreement) Act 1985","content":"South Australia\nGroundwater (Border Agreement) Act 1985\nAn Act to approve and provide for carrying out an Agreement for the management of groundwater adjacent to the border of South Australia and Victoria; and for other purposes.\n\nContents\n1\tShort title\n3\tAct to bind Crown\n4\tInterpretation\n5\tApproval of Agreement\n5A\tApproval of Amending Agreement\n6\tConstitution of Committee\n7\tRemuneration\n8\tPowers of the Minister\n9\tPowers of the Committee\n10\tEntry into land\n11\tAcquisition of land\n12\tBores for observation and providing data\n13\tAnnual report\nSchedule 2—The original Agreement\nSchedule 3—Border Groundwaters Agreement Amendment Agreement\nConsolidated Agreement\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Groundwater (Border Agreement) Act 1985.\n3—Act to bind Crown\nThis Act binds the Crown.\n4—Interpretation\nIn this Act, unless the contrary intention appears—\n\t(a)\tAgreement means the Border Groundwaters Agreement, a copy of which is set out in Schedule 2, as that Agreement is amended by the Amending Agreement; and\n\t(ab)\tAmending Agreement means the Border Groundwaters Agreement Amendment Agreement, a copy of which is set out in Schedule 3; and\n\t(b)\twords and expressions defined in the Agreement have the same meaning as in the Agreement.\n5—Approval of Agreement\nThe Agreement is approved.\n5A—Approval of Amending Agreement\nThe Amending Agreement is approved.\n6—Constitution of Committee\n\t(1)\tThe Minister shall appoint two members and one deputy member of the Committee.\n\t(2)\tA member or deputy member appointed under subsection (1) holds office, subject to this Act, for such period (not exceeding 5 years) as is specified in the instrument of appointment but is eligible for re-appointment.\n\t(3)\tThe Minister may in the instrument of appointment of a member or deputy member specify terms and conditions of appointment not inconsistent with this Act.\n\t(4)\tThe Minister may at any time remove or suspend a member or deputy member from office.\n\t(5)\tA member or deputy member may resign from the office of member by writing signed by the member and delivered to the Minister but the resignation does not have effect unless and until it is accepted by the Minister.\n7—Remuneration\nA member or deputy member appointed under section 6(1), other than an officer or employee who holds a full-time office in the Public Service of the State, is entitled to be paid—\n\t(a)\tsuch remuneration as is specified in the instrument of appointment or as may be fixed from time to time by the Minister; and\n\t(b)\tsuch travelling and other allowances and expenses as may be fixed from time to time by the Minister.\n8—Powers of the Minister\nThe Minister has all the powers conferred on the Minister by the Agreement and must not exercise those powers except in accordance with this Act and the Agreement.\n9—Powers of the Committee\nThe Committee has all the powers conferred on the Committee by the Agreement and must not exercise those powers except in accordance with the Agreement.\n10—Entry into land\nFor the purposes of the Agreement—\n\t(a)\ta member of the Committee; or\n\t(b)\ta person who is so authorised by the Committee,\nmay enter any lands and have free access to any bore situated on those lands.\n11—Acquisition of land\nThe Minister may, subject to and in accordance with the Land Acquisition Act 1969 acquire land for the purposes of the Agreement.\n12—Bores for observation and providing data\n\t(1)\tThe Minister or any person authorised by the Minister may establish, equip and maintain bores and ancillary works for any or all of the following purposes:\n\t(a)\tgroundwater observation;\n\t(b)\tproviding data for assessing groundwater resources;\n\t(c)\tpredicting changes in the quality or quantity of groundwater that will be available;\n\t(d)\tmonitoring the level of salinity and other chemical or bacteriological qualities in any aquifer.\n\t(2)\tSubsection (1) does not derogate from any power under the Landscape South Australia Act 2019.\n13—Annual report\nThe Minister shall cause a copy of an annual report submitted to the Minister under the Agreement to be laid before each House of Parliament within 14 sitting days of the Minister's receipt of the report if Parliament is then in session, but if Parliament is not then in session, within 14 days of the commencement of the next session of Parliament.\nSchedule 2—The original Agreement\n(Section 5)\nBORDER GROUNDWATERS AGREEMENT\nAGREEMENT made the 15th day of October One thousand nine hundred and eighty‑five between—\nPREMIER of the State of South Australia for and on behalf of that State of the first part and\nPREMIER of the State of Victoria for and on behalf of that State of the second part.\nWHEREAS it is desirable to make provision to protect the Groundwater resources adjacent to the border between the State of South Australia and the State of Victoria and to provide for the cooperative management and equitable sharing of those resources and to guard against the undue depletion or degradation thereof:\nNOW IT IS HEREBY AGREED as follows—\nPART I.—INTERPRETATION\n1.\tDefinitions.\nIn this Agreement save where inconsistent with the context—\n\"Aquifer\" means a geological structure or formation or an artificial land fill permeated or capable of being permeated permanently or intermittently with water.\n\"Bore\" with respect to South Australia, means any well as defined by section 5 of the Water Resources Act 1976 and with respect to Victoria, means any bore as defined by section 2 of the Groundwater Act 1969, but in neither case includes any well or bore from which water is extracted or proposed to be extracted for one or more of the following purposes and for no other purposes:\n\t(a)\thousehold purposes;\n\t(b)\twatering animals kept for domestic and stock purposes;\nor\n\t(c)\tthe irrigation of a garden not exceeding 0.4 hectares in extent used solely in connexion with a dwelling and from which no produce is sold.\n\"Committee\" means the Review Committee constituted under clause 6.\n\"Contracting Government\" means the Government of the State of South Australia or the Government of the State of Victoria.\n\"Designated Area\" means the area comprising part of the State of South Australia and part of the State of Victoria as specified in the First Schedule.\n\"Extraction\" in relation to any bore includes withdrawing, taking, using or permitting the withdrawing, taking or using of water from that bore.\n\"Granting authority\" means—\n\t(a)\tin the case of South Australia, the Minister administering the Water Resources Act 1976; and\n\t(b)\tin the case of Victoria—\n\t(i)\tthe Minister administering Part III of the Groundwater Act 1969;\n\t(ii)\tthe Director-General of Water Resources; or\n\t(iii)\tthe Rural Water Commission of Victoria—\nas the case requires.\n\"Groundwater\" with respect to South Australia means any underground waters as defined by section 5 of the Water Resources Act 1976 and with respect to Victoria means any groundwater as defined by section 2 of the Groundwater Act 1969.\n\"Member\" means a member of the Committee.\n\"Minister\" with respect to South Australia means the Minister administering the Water Resources Act 1976 and with respect to Victoria means the Minister administering Part V of the Groundwater Act 1969.\n\"Permissible annual volume\" means the permissible annual volume of extraction specified for each zone in the Second Schedule, or in relation to a particular zone, such other volume as has been determined by the Committee under clause 28(2).\n\"Permissible distance from the border between the State of South Australia and the State of Victoria\" means a distance of one kilometre from that border, or in relation to a particular zone, such other distance as has been determined by the Committee under clause 28(2).\n\"Permissible level of salinity\" means such level of salinity as results in electro-conductivity not in excess of so many microsiemens per centimetre at twenty-five degrees Celsius as may be agreed upon by the Minister of each Contracting Government for any zone pursuant to clause 28(6), or in relation to a particular zone, such other level as has been agreed upon by the Minister of each Contracting Government under clause 28(4).\n\"Permissible rate of potentiometric surface lowering\" means an average annual rate of potentiometric surface lowering of 0.05 metres, or in relation to a particular zone, such other rate as has been agreed upon by the Minister of each Contracting Government under clause 28(4).\n\"Permit\" means:\n\t(a)\tany licence provided for in section 43 of the South Australian Water Resources Act 1976;\n\t(b)\tany permit provided for in section 49 of the South Australian Water Resources Act 1976;\n\t(c)\tany permit provided for in Part III of the Victorian Groundwater Act 1969;\n\t(d)\tany licence provided for in section 51 of the Victorian Groundwater Act 1969;\n\"Schedule\" means a schedule to this Agreement.\n\"Zone\" means any zone as specified in the First Schedule.\n2.\tInterpretation.\n\t(1)\tUnless 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.\n\t(2)\tThe heading of Parts, Divisions and Clauses shall not affect the interpretation of this Agreement.\n\t(3)\tUnless 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.\n\t(4)\tUnless the contrary intention appears, a reference to a member shall be read as including a deputy member who is acting as a member.\nPART II.—APPROVAL AND ENFORCEMENT\n3.\tApproval.\nThis Agreement, other than clause 4, is subject to approval by the Parliaments of the States of South Australia and Victoria; and shall come into effect when so approved.\n4.\tSubmission to Parliament.\nThe Contracting Governments hereby agree to submit this Agreement for approval to the respective Parliaments of the said States as soon as practicable after the date of this Agreement.\n5.\tParties to provide for enforcement of Agreement and Acts.\nEach 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 of any Acts approving it.\nPART III.—THE REVIEW COMMITTEE\n6.\tConstitution.\nThere shall be a Review Committee for the purposes of this Agreement, which 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 any Acts approving it.\n7.\tThe Committee shall consist of four members.\n8.\tAppointment of members and deputy members.\nTwo members and one deputy member shall be appointed by the Minister of each Contracting Government.\n9.\tTerm of appointment.\nEach member and deputy member shall be appointed for a term not exceeding five years but shall be eligible for re-appointment.\n10.\tWhen deputy member may act.\nWhenever—\n\t(a)\tA member is\n\t(i)\tabsent from Australia or from duty;\n\t(ii)\tunable for any reason to attend a meeting of the Committee; or\n\t(iii)\totherwise unable to perform the duties of that member's office; or\n\t(b)\tthere is a vacancy in the office of a member for either State—\nthe deputy member for the same State shall act as a member for that State and while so acting, shall have all the powers and perform all the duties of a member.\n11.\tPowers of members.\nSubject to the provisions of this Agreement the members shall have equal powers.\n12.\tRemuneration of members and deputy members.\nEach member or deputy member shall be paid by the Contracting Government by whose Minister that member or deputy member has been appointed such remuneration, allowance 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.\n13.\tRemoval from office.\nA member or deputy member may at any time be removed from office by the Minister of the State for which that member or deputy member was appointed.\n14.\tResignation.\nA member or a deputy member may at any time tender resignation of his or her appointment by writing signed by that member or deputy member addressed to the Minister of the State for which that member or deputy member was appointed and such resignation shall take effect upon, and only upon, acceptance thereof by that Minister.\n15.\tVacancies.\nWhenever a vacancy occurs in the office of a member or deputy member, the Minister of the State for which the member or deputy member whose office has become vacant was appointed shall appoint a person to the vacant office.\n16.\tValidity of proceedings.\nNo act, proceeding or determination of the Committee shall be invalid on the ground only of any defect in the appointment of any member of deputy member.\n17.\tMeetings of the Review Committee.\n\t(1)\tThe members may meet together for the transaction of the Committee's business and may adjourn any meeting.\n\t(2)\tA member may at any time call a meeting of the Committee.\n\t(3)\tThe members shall, at the first meeting in any calendar year, elect a member as President during that year who shall preside at all meetings of the Committee at which he or she is present.\n\t(4)\tAt any meeting of the Committee at which the elected president is not present, the members present shall appoint a President from among their number, for the purposes of that meeting.\n\t(5)\tThe four members shall be a quorum and, subject to clause 18(2), the concurrence of all of them shall be necessary for the transaction of the business of the Committee.\n\t(6)\tSubject to this Agreement, the Committee shall regulate the conduct of its own proceedings.\n\t(7)\tThe Committee shall cause proper minutes of all its proceedings to be kept.\n\t(8)\tA resolution in writing, signed by all the members of the Committee shall have the same validity and effect as it would have had if it had been passed at a meeting of the Committee duly convened and held. Any such resolution may consist of several documents in like form, each signed by one or more of the members. 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 members have signed as aforesaid, the resolution shall be deemed to have been passed at the latest time so endorsed.\n18.\tDelegation.\n\t(1)\tThe Committee may either generally or in relation to a matter or class of matters by resolution of the Committee delegate to any member any of its powers under this Agreement other than this power of delegation.\n\t(2)\tA delegation under clause 18(1) may be revoked by a majority vote of the four members or, and in the event of an equality of votes the President shall have a second or casting vote.\n\t(3)\tA delegation of any power pursuant to this clause shall not prevent the exercise of that power by the Committee.\n\t(4)\tA power so delegated, when exercised by the delegate, shall for the purposes of this Agreement, be deemed to have been exercised by the Committee.\n19.\tLiability for acts of members of Review Committee.\nEach Contracting Government shall indemnify the members and deputy member appointed by the Minister of that Contracting Government in respect of any act or omission of those members or that deputy member, and for any losses or costs incurred by them, in the bona fide execution of the powers vested in the Committee by or under this Agreement or the Act approving the same.\n20.\tStudies and investigations.\nThe Committee may from time to time co-ordinate, or cause to be carried out, surveys, investigations and studies concerning the use, control, protection, management or administration of groundwater within the Designated Area.\n21.\tRecommendations to Contracting Governments.\nThe Committee may make recommendations to the Contracting Governments or to any authority, agency or tribunal of a Contracting Government concerning any matter which in the opinion of the Committee may in any way affect the investigation, use, control, protection, management or administration of groundwater within the Designated Area.\n22.\tProposals to amend Agreement.\nThe Committee shall from time to time review this Agreement and, if in its opinion amendments thereto are necessary or desirable, make recommendations to the Contracting Governments accordingly.\n23.\tFurnishing information and particulars.\nEach Contracting Government shall furnish or cause to be furnished to the Committee, at such times as the Committee may require, all the information and particulars that the Committee may require for any of the purposes of this Agreement and which that Contracting Government is able to furnish.\nPART IV.—MANAGEMENT PLAN\n24.\tDesignation of Border Area and potentiometric surface levels.\n\t(1)\tThis Agreement shall apply to all lands and to all groundwater within the Designated Area.\n\t(2)\tFor the purposes of this Agreement, the potentiometric surface levels of groundwater within any zone shall be determined by reference to, and shall be deemed to be as at 1 July 1982, as indicated in the Third Schedule.\n25.\tApplication of legislation.\nSubject to the provisions of this Agreement—\n\t(a)\tthe provisions of the South Australian Water Resources Act 1976 and of regulations made thereunder shall apply to such portion of the State of South Australia as is within the Designated Area.\n\t(b)\tthe provisions of the Victorian Groundwater Act 1969 and of regulations made thereunder shall continue to apply to such portion of the State of Victoria as is within the Designated Area—\nand the provisions of those Acts and regulations shall respectively be applied to—\n\t(i)\tall bores existing within the Designated Area at the date of this Agreement;\n\t(ii)\tall applications to construct, deepen, enlarge or alter bores or to extract water therefrom as are made after the date of this Agreement; and\n\t(iii)\tany bores constructed, deepened, enlarged or altered or from which water is extracted, after the date of this Agreement.\n26.\tManagement prescriptions.\nSubject to clause 28 no application for a permit shall be granted and no permit renewed—\n\t(a)\tin relation to the construction, deepening, enlarging or altering of any bore which passes or will pass through two or more aquifers unless a condition is attached to such permit which requires that an impervious seal be made and maintained between such aquifers;\n\t(b)\tin relation to the construction, deepening, enlarging or altering of any bore, or the extraction of water from any bore, in any zone where the effect of extracting water from that bore would be to exceed the permissible annual volume for that zone;\n\t(c)\tin relation to the construction, deepening, enlarging or altering of any bore, or the extraction of water from any bore, in any zone if that bore is situated within, or proposed to be situated within, a distance less than the permissible distance from the border between the State of South Australia and the State of Victoria for that zone unless the Committee has first considered the matter and determined that such application may be granted or such permit may be renewed; or\n\t(d)\tin relation to the construction, deepening, enlarging or altering of any bore, or the extraction of water from any bore, where the bore is situated in, or proposed to be situated in a zone where the average annual rate of potentiometric surface lowering has exceeded the permissible rate of potentiometric surface lowering over the preceding five years.\n27.\tPreparation of reports.\n\t(1)\tAs soon as practicable after 30 June in each year, each contracting Government shall in relation to the zones within its respective jurisdiction cause to be prepared a report stating—\n\t(a)\tthe number of permits granted or renewed in each of those zones in the preceding year ending on 30 June;\n\t(b)\tthe annual volume of extraction which has been authorised in relation to each such permit;\n\t(c)\tthe total number of bores situated in each zone in the preceding year ending on 30 June;\n\t(d)\tdetails of the potentiometric surface levels obtained from observation bores within each zone in the preceding year ending on 30 June; and\n\t(e)\tthe levels of salinity in such bores within each zone as shall be specified by the Committee in the preceding year ending on 30 June.\n\t(2)\tThe report referred to in sub-clause (1) shall be considered by the Committee as soon as practicable after the report has become available.\n\t(3)\tIn this clause \"observation bore\" with respect to South Australia, means any well as defined by section 5 of the Water Resources Act 1976 and with respect to Victoria, means any bore as defined by section 2 of the Groundwater Act 1969.\n28.\tPowers of Review Committee.\n\t(1)\tThe Committee shall meet to consider the report prepared by each Contracting Government relating to the previous year.\n\t(2)\tAt intervals of not more than five years, the Committee shall review—\n\t(a)\tthe permissible distance from the border between the State of South Australia and the State of Victoria; and\n\t(b)\tthe permissible annual volume of extraction—\nin relation to each zone and shall have the power to alter either or both of the same in relation to any zone.\n\t(3)\tAt intervals of not more than five years, the Committee shall review—\n\t(a)\tthe permissible rate of potentiometric surface lowering;\nand\n\t(b)\tthe permissible levels of salinity (if any) established pursuant to sub-clause 28(6)—\nin relation to each zone and if the Committee is satisfied that any alteration to either or both of the same is desirable in relation to any zone, it may recommend any such alteration to the Minister of each Contracting Government.\n\t(4)\tWhere the Minister of each Contracting Government agrees with any such recommendation, the permissible rate of potentiometric surface lowering or the permissible level of salinity, or both as the case may be, for any zone shall be deemed to have been altered in accordance with any such recommendation.\n\t(5)\tThe Committee may at any time recommend to the Minister of each Contracting Government that a permissible level of salinity be declared for any zone.\n\t(6)\tWhere the Minister of each Contracting Government agrees with any such recommendation, a permissible level of salinity shall be deemed to have been declared for that zone in accordance with such recommendation.\n29.\tPeriods of restriction.\n\t(1)\tWhenever in the opinion of the Committee it is necessary or desirable for the better investigation, use, control, protection, management or administration of groundwater within the Designated Area, it may by resolution declare a period of restriction in relation to any zone.\n\t(2)\tA period of restriction may be declared for any period not exceeding five years and may be renewed from time to time for any further period not exceeding five years.\n\t(3)\tA period of restriction may be declared in relation to any zone notwithstanding that the permissible annual volume or the permissible level of salinity (if any) or the permissible rate of potentiometric surface lowering for that zone, or any or all of them, has not been exceeded in any previous year.\n\t(4)\tDuring any period of restriction no application for a permit shall be granted and no permit renewed in relation to the construction, deepening, enlarging or altering of any bore, or the extracting of water from any bore in any zone to which the period of restriction relates unless—\n\t(a)\tthe details of the application or of the proposed renewal have first been considered by the Committee;\n\t(b)\tthe granting authority has first considered any recommendation made by the Committee with respect to the application or the proposed renewal; and\n\t(c)\tthirty days have elapsed from the date on which the details of the application or of the proposed renewal have been considered by the Committee.\n\t(5)\tWhere contrary to any recommendation made by the Committee pursuant to sub‑clause (4)(b), the granting authority determines that an application for a permit shall be granted or a permit renewed, the granting authority shall forthwith notify the Minister of the other Contracting Government of that determination.\n30.\tAnnual report.\n\t(1)\tAs soon as practicable after 30 June in each year, the Committee shall prepare a report on its activities during the year ended on the preceding 30 June.\n\t(2)\tThe Committee shall give a copy of each report under sub-clause (1) to the Minister of each Contracting Government forthwith after it is prepared.\n31.\tPublication of declarations, etc.\nAny alteration made under sub-clause 28(2) or 28(4) or any declaration made under sub-clause 28(6) or 29(1) with respect to any zone shall be published in the Government Gazette of the Contracting Government within whose jurisdiction such zone is situate and in a newspaper circulating in that zone and shall take effect from the date of such publication in the Government Gazette.\nFIRST SCHEDULE\t\nThe Designated Area shall be the lands within the boundaries delineated red and the zones shall be the lands within the boundaries delineated blue and bearing the numbers shown:\n\t(a)\tin the case of South Australia, on the plan entitled \"Border Groundwaters Agreement Plan No. 1\" which is deposited in the general registry office as G.R.O. number 370/1985;\n\t(b)\tin the case of Victoria, on the plan entitled \"Border Groundwaters Agreement Plan No. 1\" entered in the central plan register of the Central Plan Office.\nSECOND SCHEDULE\t\n\nZone\nPermissible annual volume (Megalitres)\n1A\n\t\t\n71 000\n1B\n\t\t\n71 000\n2A\n\t\t\n25 000\n2B\n\t\t\n25 000\n3A\n\t\t\n16 500\n3B\n\t\t\n16 500\n4A\n\t\t\n11 000\n4B\n\t\t\n11 000\n5A\n\t\t\n11 500\n5B\n\t\t\n11 500\n6A\n\t\t\n5 500\n6B\n\t\t\n5 500\n7A\n\t\t\n4 500\n7B\n\t\t\n4 500\n8A\n\t\t\n3 500\n8B\n\t\t\n3 500\n9A\n\t\t\n6 000\n9B\n\t\t\n6 000\n10A\n\t\t\n6 000\n10B\n\t\t\n6 000\n11A\n\t\t\n12 000\n11B\n\t\t\n12 000\nTHIRD SCHEDULE\t\nThe plan of potentiometric surface levels referred to in sub-clause 24(2) shall be—\n\t(a)\tin the case of South Australia, the plan entitled \"Border Groundwaters Agreement Plan No. 2\" which is deposited in the general registry office as G.R.O. number 371/1985;\n\t(b)\tin the case of Victoria, the plan entitled \"Border Groundwaters Agreement Plan No. 2\" entered in the central plan register of the Central Plan Office.\n\nIN WITNESS WHEREOF this Agreement has been executed by the parties hereto as at the day and year first above-written.\nSIGNED on behalf of THE STATE OF VICTORIA by the Honourable JOHN CAIN, Premier of Victoria, in the presence of—\nG. E. BROUWER\n}\nJOHN CAIN\nSIGNED on behalf of THE STATE OF SOUTH AUSTRALIA by the Honourable JOHN BANNON, Premier of South Australia, in the presence of—\nJOHN W. SLATER\n}\nJ. C. BANNON\nSchedule 3—Border Groundwaters Agreement Amendment Agreement\nAN AGREEMENT made this 18 day of 10, Two thousand and five between—\nTHE STATE OF SOUTH AUSTRALIA of the first part and\nTHE STATE OF VICTORIA of the second part.\nWHEREAS the South Australian and Victorian Governments wish to amend the Agreement made between the parties on 15th October 1985 (which Agreement is herein called “the principal agreement”), in order to provide the necessary capacity and flexibility to effectively manage the shared groundwater resources of western Victoria and the Mallee and south-eastern South Australia.\nNOW IT IS HEREBY AGREED as follows—\nInterpretation.\n\t1.\tUnless the contrary intention appears, expressions used in this Agreement have the same meanings as in the principal agreement except as amended by this Agreement.\nDefinitions.\n\t2. (1)\tThe following definitions shall be inserted in place of those in clause 1 of the principal agreement—\n'“Bore” with respect to South Australia, means any well as defined by section 3 of the Natural Resources Management Act 2004 and with respect to Victoria, means any bore as defined by section 3 of the Water Act 1989, but in neither case includes any well or bore from which water is extracted or proposed to be extracted for one or more of the following purposes and for no other purposes—\n\t(a)\thousehold purposes;\n\t(b)\twatering animals kept for domestic and stock purposes; or\n\t(c)\tthe irrigation of a garden not exceeding 0.4 hectares in extent used solely in connection with a dwelling and from which no produce is sold.\n\"Granting authority\" means—\n\t(a)\tin the case of South Australia, the Minister administering the Natural Resources Management Act 2004; and\n\t(b)\tin the case of Victoria, the Minister administering the Water Act 1989.\n\"Groundwater\" with respect to South Australia means any underground water as defined by section 3 of the Natural Resources Management Act 2004 and with respect to Victoria means any groundwater as defined by section 3 of the Water Act 1989.\n\"Minister\" with respect to South Australia means the Minister administering the Natural Resources Management Act 2004 and with respect to Victoria means the Minister administering the Water Act 1989.\n\"Permissible annual volume\" means the permissible annual volume of extraction specified for a particular zone or aquifer within a zone in the Second Schedule, or in relation to a particular zone or aquifer within a zone, such other volume as has been determined by the Committee under clause 28(2).\n\"Permissible distance from the border between the State of South Australia and the State of Victoria\" means a distance of one kilometre from that border, or in relation to a particular zone, sub-zone, or aquifer within a zone or sub-zone, such other distance as has been determined by the Committee under clause 28(2).\n\"Permit\" means—\n\t(a)\tany licence provided for in section 146 of the South Australian Natural Resources Management Act 2004;\n\t(b)\tany permit provided for in section 135 of the South Australian Natural Resources Management Act 2004;\n\t(c)\tany licence provided for in Part 5 of the Victorian Water Act 1989;\n\t(d)\tany licence provided for in section 51 of the Victorian Water Act 1989.'.\n\t(2)\tThe following definition shall replace the definition “Permissible level of salinity” in clause 1 of the principal agreement—\n'\"Permissible salinity\" means—\n\t(a)\ta maximum rate of increase; and/or\n\t(b)\ta designated maximum level—\nof salinity, measured as electro-conductivity of so many microsiemens per centimetre at twenty-five degrees Celsius, that must not be exceeded as may be agreed upon by the Minister of each Contracting Government for a particular zone, sub-zone or aquifer within a zone or sub-zone, pursuant to clause 28(6), or in relation to a particular zone, sub-zone or aquifer within a zone or sub-zone, such other rate and/or level as has been agreed upon by the Minister of each Contracting Government under clause 28 (4).’.\n\t(3)\tThe following two definitions shall replace the definition of “Permissible rate of potentiometric surface lowering” in clause 1 of the principal agreement. The first definition shall be inserted immediately before the definition for “Permissible salinity” and the second definition shall be inserted immediately after the definition for “Permit”—\n'\"Permissible potentiometric surface lowering\" means—\n\t(a)\ta rate set out in the Third Schedule or such other rate as has been agreed upon by the Minister for each Contracting Government under clause 28(4), and/or\n\t(b)\tthe potentiometric surface level as agreed upon by the Minister of each Contracting Government under clause 28(4).\n\"Potentiometric surface lowering\" means—\n\t(a)\ta rate of potentiometric surface lowering that must not be exceeded, and/or\n\t(b)\ta potentiometric surface level that must not be exceeded—\nfor a particular zone, sub-zone or aquifer within a zone or sub zone.’.\n\t(4)\tThe following additional terms shall be defined in clause 1 of the Agreement—\nThe following definition shall be inserted immediately before the definition for “Aquifer”—\n'“Allowable annual volume” means the allowable annual volume of extraction specified for a particular sub zone or aquifer within a sub‑zone as has been determined by the Committee under clause 28(7).’.\nThe following definition shall be inserted immediately after the definition for “Schedule” and immediately before the definition for “Zone”—\n'\"Sub-zone\" means a subdivision of a zone with boundaries determined by the Committee under clause 28(7).’.\nApproval.\n\t3. (1)\tThis Agreement, other than clause 3(2), is subject to approval by the Parliaments of the States of South Australia and Victoria; and shall come into effect when so approved.\n\t(2)\tThe Contracting Governments hereby agree to submit this Agreement for approval to the respective Parliaments of the said States as soon as practicable after the date of this Agreement.\nApplication of legislation.\n\t4.\tThe following clause shall replace clause 25 in the principal agreement—\n\t\"25.\tSubject to the provisions of this Agreement—\n\t(a)\tthe provisions of the South Australian Natural Resources Management Act 2004 and of regulations made thereunder shall apply to such portion of the State of South Australia as is within the Designated Area;\n\t(b)\tthe provisions of the Victorian Water Act 1989 and of regulations made thereunder shall continue to apply to such portion of the State of Victoria as is within the Designated Area—\nand the provisions of those Acts and regulations shall respectively be applied to—\n\t(i)\tall bores existing within the Designated Area at the date of this Agreement;\n\t(ii)\tall applications to construct, deepen, enlarge or alter bores or to extract water therefrom as are made after the date of this Agreement; and\n\t(iii)\tany bores constructed, deepened, enlarged or altered or from which water is extracted, after the date of this Agreement.”.\nManagement Prescriptions.\n\t5.\tThe following clause shall replace clause 26 in the principal agreement—\n\t\"26. (1)\tSubject to clause 28 no application for a permit shall be granted and no permit renewed—\n\t(a)\tin relation to the construction, deepening, enlarging or altering of any bore which passes or will pass through two or more aquifers unless a condition is attached to such permit which requires that an impervious seal be made and maintained between such aquifers;\n\t(b)\tin relation to the construction, deepening, enlarging or altering of any bore, or the extraction of water from any bore, in a particular zone, or aquifer within a zone, where the effect of extracting water from that bore would be to exceed the permissible annual volume for that particular zone, or aquifer within a zone;\n\t(c)\tin relation to the construction, deepening, enlarging or altering of any bore, or the extraction of water from any bore, in a particular zone, sub-zone or aquifer within a zone or sub-zone if that bore is situated within, or proposed to be situated within, a distance less than the permissible distance from the border between the State of South Australia and the State of Victoria for that zone, sub-zone or aquifer within a zone or sub-zone unless the Committee has first considered the matter and determined that such application may be granted or such permit may be renewed;\n\t(d)\tin relation to the construction, deepening, enlarging or altering of any bore, or the extraction of water from any bore, where the bore is situated, or proposed to be situated, in a particular sub-zone or aquifer within a sub-zone, where the effect of extracting water from that bore would be to exceed the allowable annual volume for a particular sub-zone or aquifer within a sub-zone.”.\n\t6.\tThe following sub-clause shall be inserted immediately after clause 26(1) and immediately before clause 27 in the principal agreement—\n\t\"(2)\tSubject to clause 28—\n\t(a)\tno application for a permit shall be granted and no permit renewed; or\n\t(b)\ta period of restriction shall be declared subject to clause 29(3)—\nwhere the potentiometric surface lowering has exceeded the permissible potentiometric surface lowering in a particular zone, sub-zone or aquifer within a zone or sub-zone over the preceding five years.”.\nPreparation of reports.\n\t7.\tThe following paragraph shall replace clause 27(1)(d) in the principal agreement—\n\t\"(d)\tdetails of the potentiometric surface levels obtained from observation bores within each particular zone, sub-zone or aquifer within a zone or sub-zone in the preceding year ending on 30 June; and”.\n\t8.\tThe following paragraph shall replace clause 27(1)(e) in the principal agreement—\n\t\"(e)\tthe rate of increase or level of salinity in such bores within a particular zone, sub-zone or aquifer within a zone or sub-zone as shall be specified by the Committee in the preceding year ending on 30 June.”.\n\t9.\tThe following sub-clause shall replace clause 27(3) in the principal agreement—\n\t\"(3)\tIn this clause “Observation bore” with respect to South Australia, means any well as defined by section 3 of the Natural Resources Management Act 2004 and with respect to Victoria, means any bore as defined by section 3 of the Water Act 1989.”.\nPowers of Review Committee.\n\t10.\tThe following sub-clause shall replace clause 28(2) in the principal agreement—\n\t\"(2)\tAt intervals of not more than five years, the Committee shall review—\n\t(a)\tthe permissible distance from the border between the State of South Australia and the State of Victoria in relation to a particular zone, sub-zone or aquifer within a zone or sub-zone;\n\t(b)\tthe permissible annual volume of extraction in relation to a particular zone or aquifer within a zone;\n\t(c)\tthe allowable annual volume of extraction in relation to a particular sub-zone or aquifer within a sub-zone—\nand shall have the power to alter any or all of the same in relation to a particular zone, sub-zone or aquifer within a zone or sub-zone.”.\n\t11.\tThe following sub-clause shall replace clause 28(3) in the principal agreement—\n\t\"(3)\tAt intervals of not more than five years, the Committee shall review—\n\t(a)\tthe permissible potentiometric surface lowering;\n\t(b)\tthe permissible salinity (if any) established pursuant to sub-clause (6)—\nin relation to each particular zone, sub-zone or aquifer within a zone or sub-zone and if the Committee is satisfied that alteration to any or all of the same is desirable in relation to a particular zone, sub-zone or aquifer within a zone or sub-zone, it may recommend any such alteration to the Minister of each Contracting Government.”.\n\t12.\tThe following sub-clause shall replace clause 28(4) in the principal agreement—\n\t\"(4)\tWhere the Minister of each Contracting Government agrees with any such recommendation, the permissible potentiometric surface lowering and/or the permissible salinity, for a particular zone, sub-zone or aquifer within a zone or sub-zone shall be deemed to have been altered in accordance with any such recommendation.”.\n\t13.\tThe following sub-clause shall replace clause 28(5) in the principal agreement—\n\t\"(5)\tThe Committee may at any time recommend to the Minister of each Contracting Government that a permissible salinity be declared for a particular zone, sub-zone or aquifer within a zone or sub-zone.”.\n\t14.\tThe following sub-clause shall replace clause 28(6) in the principal agreement—\n\t\"(6)\tWhere the Minister of each Contracting Government agrees with any such recommendation, a permissible salinity shall be deemed to have been declared for that particular zone, sub-zone or aquifer within that zone or sub-zone in accordance with that recommendation.”.\n\t15.\tThe following sub-clause shall be inserted immediately after clause 28(6) and immediately before clause 29 of the principal agreement—\n\t\"(7)\tThe Committee, having regard to the size and variability of a zone, may—\n\t(a)\tdivide the zone or the aquifer within a zone into two or more sub-zones;\n\t(b)\tdetermine the boundaries of a particular sub-zone or aquifer within a sub-zone;\n\t(c)\tdetermine the allowable annual volume for the sub‑zone or aquifer within a sub-zone that does not exceed that permissible annual volume of which the sub‑zone forms part;\n\t(d)\tdetermine the permissible distance from the border between the State of South Australia and the State of Victoria for a particular sub-zone or aquifer within a zone or sub-zone—\nand shall have the power to alter any or all the same in relation to a particular sub-zone or aquifer within a sub‑zone.”.\nPeriods of Restriction.\n\t16.\tThe following sub-clause shall replace clause 29(3) in the principal agreement—\n\t\"(3)\tA period of restriction may be declared in relation to any zone, sub-zone or aquifer within a zone or sub-zone notwithstanding that the permissible annual volume or the allowable annual volume or the permissible salinity (if any) or the permissible potentiometric surface lowering for that zone or sub-zone, or any or all of them, has not been exceeded in any previous year.”.\nPublication of declarations, etc.\n\t17.\tThe following clause shall replace clause 31 in the principal agreement—\n\t\"31.\tAny alteration made under clause 28(2) or 28(4) or 28(7) or any declaration made under clause 28(6) or 29(1) with respect to any zone or sub-zone shall be published in the Government Gazette of the Contracting Government within whose jurisdiction such zone is situate and in a newspaper circulating in that zone or sub-zone and shall take effect from the date of such publication in the Government Gazette.”.\n\t18.\tThe following Schedule shall replace the SECOND SCHEDULE of the principal agreement—\n\nSECOND SCHEDULE\n\nPermissible annual volume\n(Megalitres)\nZone\nTertiary Limestone Aquifer\nTertiary Confined Sand Aquifer\n1A\n30900\n\n9200\n\n1B\n45720\n\n14500\n\n2A\n25000\n\n2900\n\n2B\n25000\n\n5100\n\n3A\n24000\n\n1900\n\n3B\n16500\n\n1000\n\n4A\n20000\n\n710\n\n4B\n14000\n\n300\n\n5A\n18500\n\n540\n\n5B\n11949\n\n570\n\n6A\n8850\n\n360\n\n6B\n9838\n\n360\n\n7A\n7500\n\n350\n\n7B\n6600\n\n350\n\n8A\n7700\n\n340\n\n8B\n6760\n\n330\n\n9A\n11595\n\n570\n\n9B\n5960\n\n630\n\n10A\n9400\n\n320\n\n10B\n6720\n\n560\n\n11A\n6861\n\n0\n\n11B\n1823\n\n0\n\n\t19.\tThe following Schedule shall replace the THIRD SCHEDULE of the principal agreement—\n\nTHIRD SCHEDULE\n\nPermissible potentiometric surface lowering Rate (metres per annum) \nZone\nTertiary Limestone Aquifer\nTertiary Confined Sand Aquifer\n1A\n0.25\n\n0.25\n\n1B\n0.25\n\n0.25\n\n2A\n0.25\n\n0.25\n\n2B\n0.25\n\n0.25\n\n3A\n0.25\n\n0.25\n\n3B\n0.25\n\n0.25\n\n4A\n0.25\n\n0.25\n\n4B\n0.25\n\n0.25\n\n5A\n0.25\n\n0.25\n\n5B\n0.25\n\n0.25\n\n6A\n0.05\n\n0.05\n\n6B\n0.05\n\n0.05\n\n7A\n0.05\n\n0.05\n\n7B\n0.05\n\n0.05\n\n8A\n0.05\n\n0.05\n\n8B\n0.65\n\n0.65\n\n9A\n0.65\n\n0.65\n\n9B\n0.65\n\n0.65\n\n10A\n0.65\n\n0.65\n\n10B\n0.65\n\n0.65\n\n11A\n0.65\n\n0.65\n\n11B\n0.65\n\n0.65\n\n\t20.\tClause 24(2) in the principal agreement shall be deleted.\nIN WITNESS WHEREOF this Agreement has been executed by the parties hereto as at the day and year first above-written.\n\nSIGNED on behalf of THE STATE OF VICTORIA by the Honourable STEVE BRACKS, Premier of Victoria, in the presence of—\nRosa Silvestro\n}\nSTEVE BRACKS\nSIGNED on behalf of THE STATE OF SOUTH AUSTRALIA by the Honourable MIKE RANN, Premier of South Australia, in the presence of—\nNick Alexandrides\n}\nMIKE RANN\nConsolidated Agreement\nThis consolidation is provided for convenience only and does not form part of the Act.\nOriginal Agreement and amendments\n\nYear\nNo\nTitle\nAssent\nCommencement\n1985\n104\nGroundwater (Border Agreement) Act 1985\n7.11.1985\n19.12.1985\n2006\n20\nGroundwater (Border Agreement) (Amending Agreement) Amendment Act 2006\n28.9.2006\n31.10.2006\nAGREEMENT made the 15th day of October One thousand nine hundred and eighty‑five between—\nPREMIER of the State of South Australia for and on behalf of that State of the first part and\nPREMIER of the State of Victoria for and on behalf of that State of the second part.\nWHEREAS it is desirable to make provision to protect the Groundwater resources adjacent to the border between the State of South Australia and the State of Victoria and to provide for the cooperative management and equitable sharing of those resources and to guard against the undue depletion or degradation thereof:\nNOW IT IS HEREBY AGREED as follows—\nPART I.—INTERPRETATION\n1.\tDefinitions.\nIn this Agreement save where inconsistent with the context—\n\"Allowable annual volume\" means the allowable annual volume of extraction specified for a particular sub zone or aquifer within a sub-zone as has been determined by the Committee under clause 28(7).\n\"Aquifer\" means a geological structure or formation or an artificial land fill permeated or capable of being permeated permanently or intermittently with water.\n\"Bore\" with respect to South Australia, means any well as defined by section 3 of the Natural Resources Management Act 2004 and with respect to Victoria, means any bore as defined by section 3 of the Water Act 1989, but in neither case includes any well or bore from which water is extracted or proposed to be extracted for one or more of the following purposes and for no other purposes—\n\t(a)\thousehold purposes;\n\t(b)\twatering animals kept for domestic and stock purposes; or\n\t(c)\tthe irrigation of a garden not exceeding 0.4 hectares in extent used solely in connection with a dwelling and from which no produce is sold.\n\"Committee\" means the Review Committee constituted under clause 6.\n\"Contracting Government\" means the Government of the State of South Australia or the Government of the State of Victoria.\n\"Designated Area\" means the area comprising part of the State of South Australia and part of the State of Victoria as specified in the First Schedule.\n\"Extraction\" in relation to any bore includes withdrawing, taking, using or permitting the withdrawing, taking or using of water from that bore.\n\"Granting authority\" means—\n\t(a)\tin the case of South Australia, the Minister administering the Natural Resources Management Act 2004; and\n\t(b)\tin the case of Victoria, the Minister administering the Water Act 1989.\n\"Groundwater\" with respect to South Australia means any underground water as defined by section 3 of the Natural Resources Management Act 2004 and with respect to Victoria means any groundwater as defined by section 3 of the Water Act 1989.\n\"Member\" means a member of the Committee.\n\"Minister\" with respect to South Australia means the Minister administering the Natural Resources Management Act 2004 and with respect to Victoria means the Minister administering the Water Act 1989.\n\"Permissible annual volume\" means the permissible annual volume of extraction specified for a particular zone or aquifer within a zone in the Second Schedule, or in relation to a particular zone or aquifer within a zone, such other volume as has been determined by the Committee under clause 28(2).\n\"Permissible distance from the border between the State of South Australia and the State of Victoria\" means a distance of one kilometre from that border, or in relation to a particular zone, sub-zone, or aquifer within a zone or sub-zone, such other distance as has been determined by the Committee under clause 28(2).\n\"Permissible potentiometric surface lowering\" means—\n\t(a)\ta rate set out in the Third Schedule or such other rate as has been agreed upon by the Minister for each Contracting Government under clause 28(4), and/or\n\t(b)\tthe potentiometric surface level as agreed upon by the Minister of each Contracting Government under clause 28(4).\n\"Permissible salinity\" means—\n\t(a)\ta maximum rate of increase; and/or\n\t(b)\ta designated maximum level—\nof salinity, measured as electro-conductivity of so many microsiemens per centimetre at twenty-five degrees Celsius, that must not be exceeded as may be agreed upon by the Minister of each Contracting Government for a particular zone, sub-zone or aquifer within a zone or sub-zone, pursuant to clause 28(6), or in relation to a particular zone, sub-zone or aquifer within a zone or sub-zone, such other rate and/or level as has been agreed upon by the Minister of each Contracting Government under clause 28(4).\n\"Permit\" means—\n\t(a)\tany licence provided for in section 146 of the South Australian Natural Resources Management Act 2004;\n\t(b)\tany permit provided for in section 135 of the South Australian Natural Resources Management Act 2004;\n\t(c)\tany licence provided for in Part 5 of the Victorian Water Act 1989;\n\t(d)\tany licence provided for in section 51 of the Victorian Water Act 1989.\n\"Potentiometric surface lowering\" means—\n\t(a)\ta rate of potentiometric surface lowering that must not be exceeded, and/or\n\t(b)\ta potentiometric surface level that must not be exceeded—\nfor a particular zone, sub-zone or aquifer within a zone or sub zone.\n\"Schedule\" means a schedule to this Agreement.\n\"Sub-zone\" means a subdivision of a zone with boundaries determined by the Committee under clause 28(7).\n\"Zone\" means any zone as specified in the First Schedule.\n2.\tInterpretation.\n\t(1)\tUnless 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.\n\t(2)\tThe heading of Parts, Divisions and Clauses shall not affect the interpretation of this Agreement.\n\t(3)\tUnless 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.\n\t(4)\tUnless the contrary intention appears, a reference to a member shall be read as including a deputy member who is acting as a member.\nPART II.—APPROVAL AND ENFORCEMENT\n3.\tApproval.\nThis Agreement, other than clause 4, is subject to approval by the Parliaments of the States of South Australia and Victoria; and shall come into effect when so approved.\n4.\tSubmission to Parliament.\nThe Contracting Governments hereby agree to submit this Agreement for approval to the respective Parliaments of the said States as soon as practicable after the date of this Agreement.\n5.\tParties to provide for enforcement of Agreement and Acts.\nEach 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 of any Acts approving it.\nPART III.—THE REVIEW COMMITTEE\n6.\tConstitution.\nThere shall be a Review Committee for the purposes of this Agreement, which 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 any Acts approving it.\n7.\tThe Committee shall consist of four members.\n8.\tAppointment of members and deputy members.\nTwo members and one deputy member shall be appointed by the Minister of each Contracting Government.\n9.\tTerm of appointment.\nEach member and deputy member shall be appointed for a term not exceeding five years but shall be eligible for re-appointment.\n10.\tWhen deputy member may act.\nWhenever—\n\t(a)\tA member is\n\t(i)\tabsent from Australia or from duty;\n\t(ii)\tunable for any reason to attend a meeting of the Committee; or\n\t(iii)\totherwise unable to perform the duties of that member's office; or\n\t(b)\tthere is a vacancy in the office of a member for either State—\nthe deputy member for the same State shall act as a member for that State and while so acting, shall have all the powers and perform all the duties of a member.\n11.\tPowers of members.\nSubject to the provisions of this Agreement the members shall have equal powers.\n12.\tRemuneration of members and deputy members.\nEach member or deputy member shall be paid by the Contracting Government by whose Minister that member or deputy member has been appointed such remuneration, allowance 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.\n13.\tRemoval from office.\nA member or deputy member may at any time be removed from office by the Minister of the State for which that member or deputy member was appointed.\n14.\tResignation.\nA member or a deputy member may at any time tender resignation of his or her appointment by writing signed by that member or deputy member addressed to the Minister of the State for which that member or deputy member was appointed and such resignation shall take effect upon, and only upon, acceptance thereof by that Minister.\n15.\tVacancies.\nWhenever a vacancy occurs in the office of a member or deputy member, the Minister of the State for which the member or deputy member whose office has become vacant was appointed shall appoint a person to the vacant office.\n16.\tValidity of proceedings.\nNo act, proceeding or determination of the Committee shall be invalid on the ground only of any defect in the appointment of any member of deputy member.\n17.\tMeetings of the Review Committee.\n\t(1)\tThe members may meet together for the transaction of the Committee's business and may adjourn any meeting.\n\t(2)\tA member may at any time call a meeting of the Committee.\n\t(3)\tThe members shall, at the first meeting in any calendar year, elect a member as President during that year who shall preside at all meetings of the Committee at which he or she is present.\n\t(4)\tAt any meeting of the Committee at which the elected president is not present, the members present shall appoint a President from among their number, for the purposes of that meeting.\n\t(5)\tThe four members shall be a quorum and, subject to clause 18(2), the concurrence of all of them shall be necessary for the transaction of the business of the Committee.\n\t(6)\tSubject to this Agreement, the Committee shall regulate the conduct of its own proceedings.\n\t(7)\tThe Committee shall cause proper minutes of all its proceedings to be kept.\n\t(8)\tA resolution in writing, signed by all the members of the Committee shall have the same validity and effect as it would have had if it had been passed at a meeting of the Committee duly convened and held. Any such resolution may consist of several documents in like form, each signed by one or more of the members. 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 members have signed as aforesaid, the resolution shall be deemed to have been passed at the latest time so endorsed.\n18.\tDelegation.\n\t(1)\tThe Committee may either generally or in relation to a matter or class of matters by resolution of the Committee delegate to any member any of its powers under this Agreement other than this power of delegation.\n\t(2)\tA delegation under clause 18(1) may be revoked by a majority vote of the four members or, and in the event of an equality of votes the President shall have a second or casting vote.\n\t(3)\tA delegation of any power pursuant to this clause shall not prevent the exercise of that power by the Committee.\n\t(4)\tA power so delegated, when exercised by the delegate, shall for the purposes of this Agreement, be deemed to have been exercised by the Committee.\n19.\tLiability for acts of members of Review Committee.\nEach Contracting Government shall indemnify the members and deputy member appointed by the Minister of that Contracting Government in respect of any act or omission of those members or that deputy member, and for any losses or costs incurred by them, in the bona fide execution of the powers vested in the Committee by or under this Agreement or the Act approving the same.\n20.\tStudies and investigations.\nThe Committee may from time to time co-ordinate, or cause to be carried out, surveys, investigations and studies concerning the use, control, protection, management or administration of groundwater within the Designated Area.\n21.\tRecommendations to Contracting Governments.\nThe Committee may make recommendations to the Contracting Governments or to any authority, agency or tribunal of a Contracting Government concerning any matter which in the opinion of the Committee may in any way affect the investigation, use, control, protection, management or administration of groundwater within the Designated Area.\n22.\tProposals to amend Agreement.\nThe Committee shall from time to time review this Agreement and, if in its opinion amendments thereto are necessary or desirable, make recommendations to the Contracting Governments accordingly.\n23.\tFurnishing information and particulars.\nEach Contracting Government shall furnish or cause to be furnished to the Committee, at such times as the Committee may require, all the information and particulars that the Committee may require for any of the purposes of this Agreement and which that Contracting Government is able to furnish.\nPART IV.—MANAGEMENT PLAN\n24.\tDesignation of Border Area and potentiometric surface levels.\n\t(1)\tThis Agreement shall apply to all lands and to all groundwater within the Designated Area.\n25.\tApplication of legislation.\nSubject to the provisions of this Agreement—\n\t(a)\tthe provisions of the South Australian Natural Resources Management Act 2004 and of regulations made thereunder shall apply to such portion of the State of South Australia as is within the Designated Area;\n\t(b)\tthe provisions of the Victorian Water Act 1989 and of regulations made thereunder shall continue to apply to such portion of the State of Victoria as is within the Designated Area—\nand the provisions of those Acts and regulations shall respectively be applied to—\n\t(i)\tall bores existing within the Designated Area at the date of this Agreement;\n\t(ii)\tall applications to construct, deepen, enlarge or alter bores or to extract water therefrom as are made after the date of this Agreement; and\n\t(iii)\tany bores constructed, deepened, enlarged or altered or from which water is extracted, after the date of this Agreement.\n26.\tManagement prescriptions.\n\t(1)\tSubject to clause 28 no application for a permit shall be granted and no permit renewed—\n\t(a)\tin relation to the construction, deepening, enlarging or altering of any bore which passes or will pass through two or more aquifers unless a condition is attached to such permit which requires that an impervious seal be made and maintained between such aquifers;\n\t(b)\tin relation to the construction, deepening, enlarging or altering of any bore, or the extraction of water from any bore, in a particular zone, or aquifer within a zone, where the effect of extracting water from that bore would be to exceed the permissible annual volume for that particular zone, or aquifer within a zone;\n\t(c)\tin relation to the construction, deepening, enlarging or altering of any bore, or the extraction of water from any bore, in a particular zone, sub-zone or aquifer within a zone or sub-zone if that bore is situated within, or proposed to be situated within, a distance less than the permissible distance from the border between the State of South Australia and the State of Victoria for that zone, sub-zone or aquifer within a zone or sub-zone unless the Committee has first considered the matter and determined that such application may be granted or such permit may be renewed;\n\t(d)\tin relation to the construction, deepening, enlarging or altering of any bore, or the extraction of water from any bore, where the bore is situated, or proposed to be situated, in a particular sub-zone or aquifer within a sub-zone, where the effect of extracting water from that bore would be to exceed the allowable annual volume for a particular sub-zone or aquifer within a sub-zone.\n\t(2)\tSubject to clause 28—\n\t(a)\tno application for a permit shall be granted and no permit renewed; or\n\t(b)\ta period of restriction shall be declared subject to clause 29(3)—\nwhere the potentiometric surface lowering has exceeded the permissible potentiometric surface lowering in a particular zone, sub-zone or aquifer within a zone or sub-zone over the preceding five years.\n27.\tPreparation of reports.\n\t(1)\tAs soon as practicable after 30 June in each year, each contracting Government shall in relation to the zones within its respective jurisdiction cause to be prepared a report stating—\n\t(a)\tthe number of permits granted or renewed in each of those zones in the preceding year ending on 30 June;\n\t(b)\tthe annual volume of extraction which has been authorised in relation to each such permit;\n\t(c)\tthe total number of bores situated in each zone in the preceding year ending on 30 June;\n\t(d)\tdetails of the potentiometric surface levels obtained from observation bores within each particular zone, sub-zone or aquifer within a zone or sub-zone in the preceding year ending on 30 June; and\n\t(e)\tthe rate of increase or level of salinity in such bores within a particular zone, sub-zone or aquifer within a zone or sub-zone as shall be specified by the Committee in the preceding year ending on 30 June.\n\t(2)\tThe report referred to in sub-clause (1) shall be considered by the Committee as soon as practicable after the report has become available.\n\t(3)\tIn this clause \"Observation bore\" with respect to South Australia, means any well as defined by section 3 of the Natural Resources Management Act 2004 and with respect to Victoria, means any bore as defined by section 3 of the Water Act 1989.\n28.\tPowers of Review Committee.\n\t(1)\tThe Committee shall meet to consider the report prepared by each Contracting Government relating to the previous year.\n\t(2)\tAt intervals of not more than five years, the Committee shall review—\n\t(a)\tthe permissible distance from the border between the State of South Australia and the State of Victoria in relation to a particular zone, sub-zone or aquifer within a zone or sub-zone;\n\t(b)\tthe permissible annual volume of extraction in relation to a particular zone or aquifer within a zone;\n\t(c)\tthe allowable annual volume of extraction in relation to a particular sub-zone or aquifer within a sub-zone—\nand shall have the power to alter any or all of the same in relation to a particular zone, sub-zone or aquifer within a zone or sub-zone.\n\t(3)\tAt intervals of not more than five years, the Committee shall review—\n\t(a)\tthe permissible potentiometric surface lowering;\n\t(b)\tthe permissible salinity (if any) established pursuant to sub-clause (6)—\nin relation to each particular zone, sub-zone or aquifer within a zone or sub-zone and if the Committee is satisfied that alteration to any or all of the same is desirable in relation to a particular zone, sub-zone or aquifer within a zone or sub-zone, it may recommend any such alteration to the Minister of each Contracting Government.\n\t(4)\tWhere the Minister of each Contracting Government agrees with any such recommendation, the permissible potentiometric surface lowering and/or the permissible salinity, for a particular zone, sub‑zone or aquifer within a zone or sub‑zone shall be deemed to have been altered in accordance with any such recommendation.\n\t(5)\tThe Committee may at any time recommend to the Minister of each Contracting Government that a permissible salinity be declared for a particular zone, sub-zone or aquifer within a zone or sub-zone.\n\t(6)\tWhere the Minister of each Contracting Government agrees with any such recommendation, a permissible salinity shall be deemed to have been declared for that particular zone, sub-zone or aquifer within that zone or sub-zone in accordance with that recommendation.\n\t(7)\tThe Committee, having regard to the size and variability of a zone, may—\n\t(a)\tdivide the zone or the aquifer within a zone into two or more sub-zones;\n\t(b)\tdetermine the boundaries of a particular sub-zone or aquifer within a sub‑zone;\n\t(c)\tdetermine the allowable annual volume for the sub-zone or aquifer within a sub-zone that does not exceed that permissible annual volume of which the sub-zone forms part;\n\t(d)\tdetermine the permissible distance from the border between the State of South Australia and the State of Victoria for a particular sub-zone or aquifer within a zone or sub-zone—\nand shall have the power to alter any or all the same in relation to a particular sub‑zone or aquifer within a sub-zone.\n29.\tPeriods of restriction.\n\t(1)\tWhenever in the opinion of the Committee it is necessary or desirable for the better investigation, use, control, protection, management or administration of groundwater within the Designated Area, it may by resolution declare a period of restriction in relation to any zone.\n\t(2)\tA period of restriction may be declared for any period not exceeding five years and may be renewed from time to time for any further period not exceeding five years.\n\t(3)\tA period of restriction may be declared in relation to any zone, sub-zone or aquifer within a zone or sub-zone notwithstanding that the permissible annual volume or the allowable annual volume or the permissible salinity (if any) or the permissible potentiometric surface lowering for that zone or sub-zone, or any or all of them, has not been exceeded in any previous year.\n\t(4)\tDuring any period of restriction no application for a permit shall be granted and no permit renewed in relation to the construction, deepening, enlarging or altering of any bore, or the extracting of water from any bore in any zone to which the period of restriction relates unless—\n\t(a)\tthe details of the application or of the proposed renewal have first been considered by the Committee;\n\t(b)\tthe granting authority has first considered any recommendation made by the Committee with respect to the application or the proposed renewal; and\n\t(c)\tthirty days have elapsed from the date on which the details of the application or of the proposed renewal have been considered by the Committee.\n\t(5)\tWhere contrary to any recommendation made by the Committee pursuant to sub‑clause (4)(b), the granting authority determines that an application for a permit shall be granted or a permit renewed, the granting authority shall forthwith notify the Minister of the other Contracting Government of that determination.\n30.\tAnnual report.\n\t(1)\tAs soon as practicable after 30 June in each year, the Committee shall prepare a report on its activities during the year ended on the preceding 30 June.\n\t(2)\tThe Committee shall give a copy of each report under sub-clause (1) to the Minister of each Contracting Government forthwith after it is prepared.\n31.\tPublication of declarations, etc.\nAny alteration made under clause 28(2) or 28(4) or 28(7) or any declaration made under clause 28(6) or 29(1) with respect to any zone or sub-zone shall be published in the Government Gazette of the Contracting Government within whose jurisdiction such zone is situate and in a newspaper circulating in that zone or sub-zone and shall take effect from the date of such publication in the Government Gazette.\nFIRST SCHEDULE\t\nThe Designated Area shall be the lands within the boundaries delineated red and the zones shall be the lands within the boundaries delineated blue and bearing the numbers shown:\n\t(a)\tin the case of South Australia, on the plan entitled \"Border Groundwaters Agreement Plan No. 1\" which is deposited in the general registry office as G.R.O. number 370/1985;\n\t(b)\tin the case of Victoria, on the plan entitled \"Border Groundwaters Agreement Plan No. 1\" entered in the central plan register of the Central Plan Office.\nSECOND SCHEDULE\t\n\n\nPermissible annual volume\n(Megalitres)\nZone\nTertiary Limestone Aquifer\nTertiary Confined Sand Aquifer\n1A\n30900\n\n9200\n\n1B\n45720\n\n14500\n\n2A\n25000\n\n2900\n\n2B\n25000\n\n5100\n\n3A\n24000\n\n1900\n\n3B\n16500\n\n1000\n\n4A\n20000\n\n710\n\n4B\n14000\n\n300\n\n5A\n18500\n\n540\n\n5B\n11949\n\n570\n\n6A\n8850\n\n360\n\n6B\n9838\n\n360\n\n7A\n7500\n\n350\n\n7B\n6600\n\n350\n\n8A\n7700\n\n340\n\n8B\n6760\n\n330\n\n9A\n11595\n\n570\n\n9B\n5960\n\n630\n\n10A\n9400\n\n320\n\n10B\n6720\n\n560\n\n11A\n6861\n\n0\n\n11B\n1823\n\n0\n\nTHIRD SCHEDULE\t\n\n\nPermissible potentiometric surface lowering Rate \n(metres per annum) \nZone\nTertiary Limestone Aquifer\nTertiary Confined Sand Aquifer\n1A\n0.25\n\n0.25\n\n1B\n0.25\n\n0.25\n\n2A\n0.25\n\n0.25\n\n2B\n0.25\n\n0.25\n\n3A\n0.25\n\n0.25\n\n3B\n0.25\n\n0.25\n\n4A\n0.25\n\n0.25\n\n4B\n0.25\n\n0.25\n\n5A\n0.25\n\n0.25\n\n5B\n0.25\n\n0.25\n\n6A\n0.05\n\n0.05\n\n6B\n0.05\n\n0.05\n\n7A\n0.05\n\n0.05\n\n7B\n0.05\n\n0.05\n\n8A\n0.05\n\n0.05\n\n8B\n0.65\n\n0.65\n\n9A\n0.65\n\n0.65\n\n9B\n0.65\n\n0.65\n\n10A\n0.65\n\n0.65\n\n10B\n0.65\n\n0.65\n\n11A\n0.65\n\n0.65\n\n11B\n0.65\n\n0.65\n\n\nIN WITNESS WHEREOF this Agreement has been executed by the parties hereto as at the day and year first above-written.\nSIGNED on behalf of THE STATE OF VICTORIA by the Honourable JOHN CAIN, Premier of Victoria, in the presence of—\nG. E. BROUWER\n}\nJOHN CAIN\nSIGNED on behalf of THE STATE OF SOUTH AUSTRALIA by the Honourable JOHN BANNON, Premier of South Australia, in the presence of—\nJOHN W. SLATER\n}\nJ. C. BANNON\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Groundwater (Border Agreement) Act 1985 amended the following:\nWater Resources Act 1976\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1985\n104\nGroundwater (Border Agreement) Act 1985\n7.11.1985\n19.12.1985 (Gazette 19.12.1985 p1883)\n2006\n20\nGroundwater (Border Agreement) (Amending Agreement) Amendment Act 2006\n28.9.2006\n31.10.2006 (Gazette 26.10.2006 p3811)\n2019\n33\nLandscape South Australia Act 2019\n21.11.2019\nSch 5 (cl 23)—1.7.2020 (Gazette 25.6.2020 p3502)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 4\namended by 20/2006 s 4\n31.10.2006\ns 5A\ninserted by 20/2006 s 5\n31.10.2006\ns 12\n\n\ns 12(2)\nsubstituted by 20/2006 s 6\n31.10.2006\n\namended by 33/2019 Sch 5 cl 23\n1.7.2020\ns 14\nomitted under Legislation Revision and Publication Act 2002\n\nSch 1\nomitted under Legislation Revision and Publication Act 2002\n\nSch 2\n\n\ncl 1\n\n\nAllowable annual volume\ninserted by 2005 Amendment Agreement as inserted by 20/2006 s 10\n31.10.2006\nBore\nsubstituted by 2005 Amendment Agreement as inserted by 20/2006 s 10\n31.10.2006\nGranting authority\nsubstituted by 2005 Amendment Agreement as inserted by 20/2006 s 10\n31.10.2006\nGroundwater\nsubstituted by 2005 Amendment Agreement as inserted by 20/2006 s 10\n31.10.2006\nMinister\nsubstituted by 2005 Amendment Agreement as inserted by 20/2006 s 10\n31.10.2006\nPermissible annual volume\nsubstituted by 2005 Amendment Agreement as inserted by 20/2006 s 10\n31.10.2006\nPermissible distance from the border between the State of South Australia and the State of Victoria\nsubstituted by 2005 Amendment Agreement as inserted by 20/2006 s 10\n31.10.2006\nPermissible level of salinity\ndeleted by 2005 Amendment Agreement as inserted by 20/2006 s 10\n31.10.2006\nPermissible potentiometric surface lowering\ninserted by 2005 Amendment Agreement as inserted by 20/2006 s 10\n31.10.2006\nPermissible rate of potentiometric surface lowering\ndeleted by 2005 Amendment Agreement as inserted by 20/2006 s 10\n31.10.2006\nPermissible salinity\ninserted by 2005 Amendment Agreement as inserted by 20/2006 s 10\n31.10.2006\nPermit\nsubstituted by 2005 Amendment Agreement as inserted by 20/2006 s 10\n31.10.2006\nPotentiometric surface lowering\ninserted by 2005 Amendment Agreement as inserted by 20/2006 s 10\n31.10.2006\nSub-zone\ninserted by 2005 Amendment Agreement as inserted by 20/2006 s 10\n31.10.2006\ncl 24\n\n\ncl 24(2)\ndeleted by 2005 Amendment Agreement as inserted by 20/2006 s 10\n31.10.2006\ncl 25\nsubstituted by 2005 Amendment Agreement as inserted by 20/2006 s 10\n31.10.2006\ncl 26\nsubstituted by 2005 Amendment Agreement as inserted by 20/2006 s 10\n31.10.2006\ncl 27\n\n\ncl 27(1)\namended by 2005 Amendment Agreement as inserted by 20/2006 s 10\n31.10.2006\ncl 27(3)\nsubstituted by 2005 Amendment Agreement as inserted by 20/2006 s 10\n31.10.2006\ncl 28\n\n\ncl 28(2)—(6)\nsubstituted by 2005 Amendment Agreement as inserted by 20/2006 s 10\n31.10.2006\ncl 28(7)\ninserted by 2005 Amendment Agreement as inserted by 20/2006 s 10\n31.10.2006\ncl 29\n\n\ncl 29(3)\nsubstituted by 2005 Amendment Agreement as inserted by 20/2006 s 10\n31.10.2006\ncl 31\nsubstituted by 2005 Amendment Agreement as inserted by 20/2006 s 10\n31.10.2006\nSecond Schedule\nsubstituted by 2005 Amendment Agreement as inserted by 20/2006 s 10\n31.10.2006\nThird Schedule\nsubstituted by 2005 Amendment Agreement as inserted by 20/2006 s 10\n31.10.2006\nSch 3\ninserted by 20/2006 s 10\n31.10.2006\nHistorical versions\n31.10.2006\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient information available to assess whether the Act's scope changed from its original intent, as the legislative text was not retrievable due to a website error. No analysis of amendments or scope drift can be performed."},"complexity_factors":["Involves intergovernmental agreements between multiple Australian states, which adds jurisdictional layers","Groundwater law intersects with both property rights and environmental regulation","Border resource-sharing arrangements can involve complex allocation formulas","Unable to assess actual drafting complexity as the legislative text was not retrievable — score is conservatively estimated based on Act type"],"plain_english_summary":"The Groundwater (Border Agreement) Act 1985 gives legal effect in South Australia to an inter‑state deal on managing and sharing groundwater that crosses state borders. It primarily affects border landholders, irrigators and water regulators, and anyone seeking groundwater licences in those regions. The Act matters because it coordinates use of shared aquifers to prevent over‑extraction and cross‑border harm."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The 2005 Amending Agreement (inserted by the 2006 amendment Act) increased the instrument's technical granularity and management scope. It introduced sub‑zones and aquifer‑level (as well as zone‑level) permissible and allowable volumes, redefined salinity and potentiometric measures, and updated references to newer state Acts (Natural Resources Management Act 2004 and Water Act 1989). These changes shift decision‑making toward more fine‑grained, recurring Committee determinations (Amending Agreement cl 2–3, cl 5–15, especially cl 28(7))."},"complexity_factors":["Intergovernmental instrument implemented by state statute — coordination required between two jurisdictions (Agreement, s5; Schedule 2 & 3).","Technical, numeric limits across multiple schedules — permissible annual volumes, potentiometric lowering and salinity thresholds in Second and Third Schedules (Schedules 2 & 3; consolidated Schedules).","Multi‑member Review Committee with detailed governance and voting rules, including unanimous concurrence requirement for business (Agreement cl 6, 8–9; cl 17(5)).","Committee powers to subdivide zones (sub‑zones), set allowable volumes and alter limits at up to five‑year intervals — creates ongoing technical decision‑making and discretion (Amending Agreement cl 28(2),(7)).","Permits regime ties local granting authorities to Committee decisions and may require pre‑consideration or notification where Committee objects — compliance burden on applicants and regulators (Agreement cl 26; Amending Agreement cl 5–6).","Monitoring, reporting and publication obligations — annual reports from governments and the Committee, requirement to publish alterations in gazettes and newspapers (Agreement cl 27, 30, 31; Act s13).","Statutory linkages and updates — definitions and enforcement depend on other Acts (Water Resources Act 1976 / Natural Resources Management Act 2004 / Water Act 1989), increasing legal cross‑references and potential obsolescence (Agreement cl 1; Amending Agreement).","Operational powers affecting property — entry to land and bore access, acquisition power subject to Land Acquisition Act 1969, and bore establishment/maintenance for observation (Act ss10–12; Agreement cl 11)."],"plain_english_summary":"This Act approves an interstate agreement between South Australia and Victoria to manage shared groundwater along their border. It establishes a four‑member Review Committee, prescribes permit controls, monitoring and reporting duties, and zone‑based extraction, salinity and potentiometric limits. It primarily affects landholders with bores in the Designated Area, the Ministers and granting authorities who issue permits, and imposes duties and review powers on the Committee. The 2005 amending agreement added sub‑zones, aquifer‑level limits and updated statutory references."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1985 scope. The original Agreement dealt with 11 zones and simple volume limits. The 2005 Amending Agreement introduced: (1) sub-zones allowing finer geographical granularity; (2) dual aquifer management (Tertiary Limestone and Tertiary Confined Sand) effectively doubling the regulatory matrix; (3) more sophisticated salinity controls (measuring rates of increase, not just absolute levels); (4) more flexible potentiometric surface management; and (5) updated references to completely new water resource management statutes. What began as a straightforward volume-cap system evolved into a complex, multi-dimensional resource management framework."},"complexity_factors":["Dual-state legislative framework requiring mirror legislation in Victoria to function","Multiple nested definitions that differ between South Australia and Victoria (e.g., 'Bore', 'Groundwater', 'Minister' have state-specific statutory references)","Complex amendment structure: the 2005 Amending Agreement overlays the 1985 Agreement, requiring readers to cross-reference between Schedule 2 (original) and Schedule 3 (amendments) to understand current law","Technical hydrogeological terminology throughout (aquifers, potentiometric surface lowering, electro-conductivity, Tertiary Limestone Aquifer vs Tertiary Confined Sand Aquifer)","Conditional logic with multiple thresholds: extraction limits vary by zone (1A-11B), by aquifer type (two different aquifers per zone), and by whether dealing with 'permissible annual volume' vs 'allowable annual volume' (the latter applying to sub-zones)","21 defined terms in the consolidated Agreement, many with compound definitions involving multiple sub-paragraphs","Delegated legislative powers: the Committee can alter boundaries, create sub-zones, and adjust extraction limits, but ministerial agreement is required for certain changes while others can be done unilaterally by the Committee","Temporal layering: references to repealed Acts (Water Resources Act 1976, Groundwater Act 1969) remain in the legislative history and original schedules, creating potential confusion about which version applies"],"plain_english_summary":"**What this law does:**\n\nThis Act gives legal force to an interstate agreement between South Australia and Victoria about managing shared groundwater resources along their border. It essentially creates a cooperative framework to stop either state from over-extracting water or damaging the quality of underground water supplies that cross state boundaries.\n\n**Who it affects:**\n\n- **Farmers and landholders** in the border region (roughly within 1km of the SA-Vic border, across 11 designated zones) who want to drill bores or extract groundwater\n- **The Review Committee** — a four-person body with two members from each state that oversees the agreement\n- **State water ministers** from both states, who must jointly approve changes to extraction limits\n- **Rural communities** dependent on groundwater for agriculture and domestic use\n\n**Key features:**\n\n- **Sets extraction limits:** Each of the 11 border zones has a maximum annual volume of water that can be extracted (ranging from roughly 1,800 to 45,000 megalitres depending on the zone and aquifer type)\n- **Monitors water health:** Tracks how fast the water table is dropping (\"potentiometric surface lowering\") and salt levels in the water\n- **Controls new bores:** Restricts drilling near the border and requires seals between different underground water layers (aquifers) to prevent contamination\n- **Can declare restrictions:** The Committee can impose temporary bans on new water extraction permits in specific areas for up to five years at a time\n- **Requires transparency:** Annual reports must be tabled in Parliament\n\n**Why it matters:**\n\nGroundwater doesn't respect state borders. Without this agreement, one state could theoretically pump so much water that it drains the shared resource or causes saltwater intrusion, harming farmers and ecosystems on both sides. The 2005 amendments (incorporated via the Amending Agreement) made the system more flexible by allowing the Committee to create \"sub-zones\" with finer-grained controls, and updated the underlying water laws referenced from the old *Water Resources Act 1976* (SA) and *Groundwater Act 1969* (Vic) to the modern *Natural Resources Management Act 2004* (SA) and *Water Act 1989* (Vic)."}},"importantCases":[],"_links":{"self":"/api/acts/groundwater-border-agreement-act-1985","history":"/api/acts/groundwater-border-agreement-act-1985/history","analysis":"/api/acts/groundwater-border-agreement-act-1985/analysis","conflicts":"/api/acts/groundwater-border-agreement-act-1985/conflicts","importantCases":"/api/acts/groundwater-border-agreement-act-1985/important-cases","documents":"/api/acts/groundwater-border-agreement-act-1985/documents"}}