Groundwater (Border Agreement) Act 1985 (South Australia)

Mechanically, the Groundwater (Border Agreement) Act 1985 (SA) approves a bilateral instrument between South Australia and Victoria for the cooperative management and sharing of groundwater in a defined cross‑border Designated Area (s 5; Schedule 2). The Act authorises the State to implement the Agreement and the later Amending Agreement (s 5A), creates the domestic mechanism for South Australia to participate (ss 6-13), and makes the Act bind the Crown (s 3). The Agreement itself sets out: the Review Committee (composition, procedure and powers); mapped zones (First Schedule, via deposited plans); numerical extraction limits (Second Schedule); permissible rates or levels of potentiometric decline and salinity (Third Schedule in the consolidated Agreement); reporting obligations; powers to declare periods of restriction; requirements for permits; and publication and review processes (Schedules 2 and 3, consolidated Agreement).

Key mechanical features the instrument imposes:

State approval of the Agreement and the Amending Agreement (s 5; s 5A), so their terms operate within South Australian law. The consolidated Agreement in the Act incorporates the 1985 Agreement as amended by the 2005 Amending Agreement (Schedules 2 and 3).
A Review Committee is established under the Agreement with four members, two appointed by each Contracting Government (Agreement cl 6-9). The Act requires the South Australian Minister to appoint two members and one deputy member (s 6(1)); remuneration and removal powers are provided (s 7; s 6(4)).
The Committee has the powers given by the Agreement and must exercise them in accordance with the Agreement (s 9); the Minister has the powers conferred on the Minister by the Agreement and must act under the Act and the Agreement (s 8).

South Australia Groundwater (Border Agreement) Act 1985 An 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.

Contents 1 Short title 3 Act to bind Crown 4 Interpretation 5 Approval of Agreement 5A Approval of Amending Agreement 6 Constitution of Committee 7 Remuneration 8 Powers of the Minister 9 Powers of the Committee 10 Entry into land 11 Acquisition of land 12 Bores for observation and providing data 13 Annual report Schedule 2—The original Agreement Schedule 3—Border Groundwaters Agreement Amendment Agreement Consolidated Agreement Legislative history

The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the Groundwater (Border Agreement) Act 1985. 3—Act to bind Crown This Act binds the Crown. 4—Interpretation In this Act, unless the contrary intention appears— (a) Agreement 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 (ab) Amending Agreement means the Border Groundwaters Agreement Amendment Agreement, a copy of which is set out in Schedule 3; and (b) words and expressions defined in the Agreement have the same meaning as in the Agreement. 5—Approval of Agreement The Agreement is approved. 5A—Approval of Amending Agreement The Amending Agreement is approved. 6—Constitution of Committee (1) The Minister shall appoint two members and one deputy member of the Committee. (2) A 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. (3) The Minister may in the instrument of appointment of a member or deputy member specify terms and conditions of appointment not inconsistent with this Act. (4) The Minister may at any time remove or suspend a member or deputy member from office. (5) A 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. 7—Remuneration A 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— (a) such remuneration as is specified in the instrument of appointment or as may be fixed from time to time by the Minister; and (b) such travelling and other allowances and expenses as may be fixed from time to time by the Minister. 8—Powers of the Minister The 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. 9—Powers of the Committee The Committee has all the powers conferred on the Committee by the Agreement and must not exercise those powers except in accordance with the Agreement. 10—Entry into land For the purposes of the Agreement— (a) a member of the Committee; or (b) a person who is so authorised by the Committee, may enter any lands and have free access to any bore situated on those lands. 11—Acquisition of land The Minister may, subject to and in accordance with the Land Acquisition Act 1969 acquire land for the purposes of the Agreement. 12—Bores for observation and providing data (1) The 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: (a) groundwater observation; (b) providing data for assessing groundwater resources; (c) predicting changes in the quality or quantity of groundwater that will be available; (d) monitoring the level of salinity and other chemical or bacteriological qualities in any aquifer. (2) Subsection (1) does not derogate from any power under the Landscape South Australia Act 2019. 13—Annual report The 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. Schedule 2—The original Agreement (Section 5) BORDER GROUNDWATERS AGREEMENT AGREEMENT made the 15th day of October One thousand nine hundred and eighty‑five between— PREMIER of the State of South Australia for and on behalf of that State of the first part and PREMIER of the State of Victoria for and on behalf of that State of the second part. WHEREAS 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: NOW IT IS HEREBY AGREED as follows— PART I.—INTERPRETATION

Definitions. In this Agreement save where inconsistent with the context— "Aquifer" means a geological structure or formation or an artificial land fill permeated or capable of being permeated permanently or intermittently with water. "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: (a) household purposes; (b) watering animals kept for domestic and stock purposes; or (c) the 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. "Committee" means the Review Committee constituted under clause 6. "Contracting Government" means the Government of the State of South Australia or the Government of the State of Victoria. "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. "Extraction" in relation to any bore includes withdrawing, taking, using or permitting the withdrawing, taking or using of water from that bore. "Granting authority" means— (a) in the case of South Australia, the Minister administering the Water Resources Act 1976; and (b) in the case of Victoria— (i) the Minister administering Part III of the Groundwater Act 1969; (ii) the Director-General of Water Resources; or (iii) the Rural Water Commission of Victoria— as the case requires. "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. "Member" means a member of the Committee. "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. "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). "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). "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). "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). "Permit" means: (a) any licence provided for in section 43 of the South Australian Water Resources Act 1976; (b) any permit provided for in section 49 of the South Australian Water Resources Act 1976; (c) any permit provided for in Part III of the Victorian Groundwater Act 1969; (d) any licence provided for in section 51 of the Victorian Groundwater Act 1969; "Schedule" means a schedule to this Agreement. "Zone" means any zone as specified in the First Schedule.
Interpretation. (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 heading 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 member shall be read as including a deputy member who is acting as a member. PART II.—APPROVAL AND ENFORCEMENT
Approval. This 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.
Submission to Parliament. The Contracting Governments hereby agree to submit this Agreement for approval to the respective Parliaments of the said States as soon as practicable after the date of this Agreement.
Parties to provide for enforcement of Agreement and Acts. 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 of any Acts approving it. PART III.—THE REVIEW COMMITTEE
Constitution. There 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.
The Committee shall consist of four members.
Appointment of members and deputy members. Two members and one deputy member shall be appointed by the Minister of each Contracting Government.
Term of appointment. Each member and deputy member shall be appointed for a term not exceeding five years but shall be eligible for re-appointment.
When deputy member may act. Whenever— (a) A member is (i) absent from Australia or from duty; (ii) unable for any reason to attend a meeting of the Committee; or (iii) otherwise unable to perform the duties of that member's office; or (b) there is a vacancy in the office of a member for either State— the 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.
Powers of members. Subject to the provisions of this Agreement the members shall have equal powers.
Remuneration of members and deputy members. Each 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.
Removal from office. A 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.
Resignation. A 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.
Vacancies. Whenever 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.
Validity of proceedings. No 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.
Meetings of the Review Committee. (1) The members may meet together for the transaction of the Committee's business and may adjourn any meeting. (2) A member may at any time call a meeting of the Committee. (3) The 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. (4) At 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. (5) The 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. (6) Subject to this Agreement, the Committee shall regulate the conduct of its own proceedings. (7) The Committee shall cause proper minutes of all its proceedings to be kept. (8) A 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.
Delegation. (1) The 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. (2) A 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. (3) A delegation of any power pursuant to this clause shall not prevent the exercise of that power by the Committee. (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 Committee.
Liability for acts of members of Review Committee. Each 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.
Studies and investigations. The 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.
Recommendations to Contracting Governments. The 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.
Proposals to amend Agreement. The 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.
Furnishing information and particulars. Each 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. PART IV.—MANAGEMENT PLAN
Designation of Border Area and potentiometric surface levels. (1) This Agreement shall apply to all lands and to all groundwater within the Designated Area. (2) For 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.
Application of legislation. Subject to the provisions of this Agreement— (a) the 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. (b) the 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— and the provisions of those Acts and regulations shall respectively be applied to— (i) all bores existing within the Designated Area at the date of this Agreement; (ii) all applications to construct, deepen, enlarge or alter bores or to extract water therefrom as are made after the date of this Agreement; and (iii) any bores constructed, deepened, enlarged or altered or from which water is extracted, after the date of this Agreement.
Management prescriptions. Subject to clause 28 no application for a permit shall be granted and no permit renewed— (a) in relation to the construction, deepening, enlarging or altering of any bore which passes or will pass through two or more aquifers unless a condition is attached to such permit which requires that an impervious seal be made and maintained between such aquifers; (b) in 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; (c) in 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 (d) in relation to the construction, deepening, enlarging or altering of any bore, or the extraction of water from any bore, where the bore is situated 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.
Preparation of reports. (1) As 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— (a) the number of permits granted or renewed in each of those zones in the preceding year ending on 30 June; (b) the annual volume of extraction which has been authorised in relation to each such permit; (c) the total number of bores situated in each zone in the preceding year ending on 30 June; (d) details of the potentiometric surface levels obtained from observation bores within each zone in the preceding year ending on 30 June; and (e) the levels of salinity in such bores within each zone as shall be specified by the Committee in the preceding year ending on 30 June. (2) The report referred to in sub-clause (1) shall be considered by the Committee as soon as practicable after the report has become available. (3) In 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.
Powers of Review Committee. (1) The Committee shall meet to consider the report prepared by each Contracting Government relating to the previous year. (2) At intervals of not more than five years, the Committee shall review— (a) the permissible distance from the border between the State of South Australia and the State of Victoria; and (b) the permissible annual volume of extraction— in relation to each zone and shall have the power to alter either or both of the same in relation to any zone. (3) At intervals of not more than five years, the Committee shall review— (a) the permissible rate of potentiometric surface lowering; and (b) the permissible levels of salinity (if any) established pursuant to sub-clause 28(6)— in 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. (4) Where 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. (5) The Committee may at any time recommend to the Minister of each Contracting Government that a permissible level of salinity be declared for any zone. (6) Where 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.
Periods of restriction. (1) Whenever 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. (2) A 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. (3) A 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. (4) During 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— (a) the details of the application or of the proposed renewal have first been considered by the Committee; (b) the granting authority has first considered any recommendation made by the Committee with respect to the application or the proposed renewal; and (c) thirty days have elapsed from the date on which the details of the application or of the proposed renewal have been considered by the Committee. (5) Where 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.
Annual report. (1) As 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. (2) The Committee shall give a copy of each report under sub-clause (1) to the Minister of each Contracting Government forthwith after it is prepared.
Publication of declarations, etc. Any 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. FIRST SCHEDULE The 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: (a) in 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; (b) in 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. SECOND SCHEDULE

Zone Permissible annual volume (Megalitres) 1A

71 000 1B

71 000 2A

25 000 2B

25 000 3A

16 500 3B

16 500 4A

11 000 4B

11 000 5A

11 500 5B

11 500 6A

5 500 6B

5 500 7A

4 500 7B

4 500 8A

3 500 8B

3 500 9A

6 000 9B

6 000 10A

6 000 10B

6 000 11A

12 000 11B

12 000 THIRD SCHEDULE The plan of potentiometric surface levels referred to in sub-clause 24(2) shall be— (a) in 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; (b) in the case of Victoria, the plan entitled "Border Groundwaters Agreement Plan No. 2" entered in the central plan register of the Central Plan Office.

IN WITNESS WHEREOF this Agreement has been executed by the parties hereto as at the day and year first above-written. SIGNED on behalf of THE STATE OF VICTORIA by the Honourable JOHN CAIN, Premier of Victoria, in the presence of— G. E. BROUWER } JOHN CAIN SIGNED on behalf of THE STATE OF SOUTH AUSTRALIA by the Honourable JOHN BANNON, Premier of South Australia, in the presence of— JOHN W. SLATER } J. C. BANNON Schedule 3—Border Groundwaters Agreement Amendment Agreement AN AGREEMENT made this 18 day of 10, Two thousand and five between— THE STATE OF SOUTH AUSTRALIA of the first part and THE STATE OF VICTORIA of the second part. WHEREAS the South Australian and Victorian Governments wish to amend the Agreement made between the parties on 15th October 1985 (which Agreement is herein called “the principal agreement”), in order to provide the necessary capacity and flexibility to effectively manage the shared groundwater resources of western Victoria and the Mallee and south-eastern South Australia. NOW IT IS HEREBY AGREED as follows— Interpretation. 1. Unless the contrary intention appears, expressions used in this Agreement have the same meanings as in the principal agreement except as amended by this Agreement. Definitions. 2. (1) The following definitions shall be inserted in place of those in clause 1 of the principal agreement— '“Bore” with respect to South Australia, means any well as defined 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— (a) household purposes; (b) watering animals kept for domestic and stock purposes; or (c) the 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. "Granting authority" means— (a) in the case of South Australia, the Minister administering the Natural Resources Management Act 2004; and (b) in the case of Victoria, the Minister administering the Water Act 1989. "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. "Minister" with respect to South Australia means the Minister administering the Natural Resources Management Act 2004 and with respect to Victoria means the Minister administering the Water Act 1989. "Permissible annual volume" means the permissible annual volume of extraction specified for a particular zone or aquifer within a zone in the Second Schedule, or in relation to a particular zone or aquifer within a zone, such other volume as has been determined by the Committee under clause 28(2). "Permissible distance from the border between the State of South 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). "Permit" means— (a) any licence provided for in section 146 of the South Australian Natural Resources Management Act 2004; (b) any permit provided for in section 135 of the South Australian Natural Resources Management Act 2004; (c) any licence provided for in Part 5 of the Victorian Water Act 1989; (d) any licence provided for in section 51 of the Victorian Water Act 1989.'. (2) The following definition shall replace the definition “Permissible level of salinity” in clause 1 of the principal agreement— '"Permissible salinity" means— (a) a maximum rate of increase; and/or (b) a designated maximum level— of salinity, measured as electro-conductivity of so many microsiemens per centimetre at twenty-five degrees Celsius, that must not be exceeded as may be agreed upon by the Minister of each Contracting Government for a particular zone, sub-zone or aquifer within a zone or sub-zone, pursuant to clause 28(6), or in relation to a particular zone, sub-zone or aquifer within a zone or sub-zone, such other rate and/or level as has been agreed upon by the Minister of each Contracting Government under clause 28 (4).’. (3) The following two definitions shall replace the definition of “Permissible rate of potentiometric surface lowering” in clause 1 of the principal agreement. The first definition shall be inserted immediately before the definition for “Permissible salinity” and the second definition shall be inserted immediately after the definition for “Permit”— '"Permissible potentiometric surface lowering" means— (a) a rate set out in the Third Schedule or such other rate as has been agreed upon by the Minister for each Contracting Government under clause 28(4), and/or (b) the potentiometric surface level as agreed upon by the Minister of each Contracting Government under clause 28(4). "Potentiometric surface lowering" means— (a) a rate of potentiometric surface lowering that must not be exceeded, and/or (b) a potentiometric surface level that must not be exceeded— for a particular zone, sub-zone or aquifer within a zone or sub zone.’. (4) The following additional terms shall be defined in clause 1 of the Agreement— The following definition shall be inserted immediately before the definition for “Aquifer”— '“Allowable annual volume” means the allowable annual volume of extraction specified for a particular sub zone or aquifer within a sub‑zone as has been determined by the Committee under clause 28(7).’. The following definition shall be inserted immediately after the definition for “Schedule” and immediately before the definition for “Zone”— '"Sub-zone" means a subdivision of a zone with boundaries determined by the Committee under clause 28(7).’. Approval. 3. (1) This Agreement, other than clause 3(2), is subject to approval by the Parliaments of the States of South Australia and Victoria; and shall come into effect when so approved. (2) The Contracting Governments hereby agree to submit this Agreement for approval to the respective Parliaments of the said States as soon as practicable after the date of this Agreement. Application of legislation. 4. The following clause shall replace clause 25 in the principal agreement— "25. Subject to the provisions of this Agreement— (a) the provisions of the South Australian Natural Resources Management Act 2004 and of regulations made thereunder shall apply to such portion of the State of South Australia as is within the Designated Area; (b) the provisions of the Victorian Water Act 1989 and of regulations made thereunder shall continue to apply to such portion of the State of Victoria as is within the Designated Area— and the provisions of those Acts and regulations shall respectively be applied to— (i) all bores existing within the Designated Area at the date of this Agreement; (ii) all applications to construct, deepen, enlarge or alter bores or to extract water therefrom as are made after the date of this Agreement; and (iii) any bores constructed, deepened, enlarged or altered or from which water is extracted, after the date of this Agreement.”. Management Prescriptions. 5. The following clause shall replace clause 26 in the principal agreement— "26. (1) Subject to clause 28 no application for a permit shall be granted and no permit renewed— (a) in relation to the construction, deepening, enlarging or altering of any bore which passes or will pass through two or more aquifers unless a condition is attached to such permit which requires that an impervious seal be made and maintained between such aquifers; (b) in relation to the construction, deepening, enlarging or altering of any bore, or the extraction of water from any bore, in a particular zone, or aquifer within a zone, where the effect of extracting water from that bore would be to exceed the permissible annual volume for that particular zone, or aquifer within a zone; (c) in relation to the construction, deepening, enlarging or altering of any bore, or the extraction of water from any bore, in a particular zone, sub-zone or aquifer within a zone or sub-zone if that bore is situated within, or 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; (d) in relation to the construction, deepening, enlarging or altering of any bore, or the extraction of water from any bore, where the bore is situated, or proposed to be situated, in a particular sub-zone or aquifer within a sub-zone, where the effect of extracting water from that bore would be to exceed the allowable annual volume for a particular sub-zone or aquifer within a sub-zone.”. 6. The following sub-clause shall be inserted immediately after clause 26(1) and immediately before clause 27 in the principal agreement— "(2) Subject to clause 28— (a) no application for a permit shall be granted and no permit renewed; or (b) a period of restriction shall be declared subject to clause 29(3)— where the potentiometric surface lowering has exceeded the permissible potentiometric surface lowering in a particular zone, sub-zone or aquifer within a zone or sub-zone over the preceding five years.”. Preparation of reports. 7. The following paragraph shall replace clause 27(1)(d) in the principal agreement— "(d) details of the potentiometric surface levels obtained from observation bores within each particular zone, sub-zone or aquifer within a zone or sub-zone in the preceding year ending on 30 June; and”. 8. The following paragraph shall replace clause 27(1)(e) in the principal agreement— "(e) the rate of increase or level of salinity in such bores within a particular zone, sub-zone or aquifer within a zone or sub-zone as shall be specified by the Committee in the preceding year ending on 30 June.”. 9. The following sub-clause shall replace clause 27(3) in the principal agreement— "(3) In this clause “Observation bore” with respect to South 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.”. Powers of Review Committee. 10. The following sub-clause shall replace clause 28(2) in the principal agreement— "(2) At intervals of not more than five years, the Committee shall review— (a) the permissible distance from the border between the State of South Australia and the State of Victoria in relation to a particular zone, sub-zone or aquifer within a zone or sub-zone; (b) the permissible annual volume of extraction in relation to a particular zone or aquifer within a zone; (c) the allowable annual volume of extraction in relation to a particular sub-zone or aquifer within a sub-zone— and shall have the power to alter any or all of the same in relation to a particular zone, sub-zone or aquifer within a zone or sub-zone.”. 11. The following sub-clause shall replace clause 28(3) in the principal agreement— "(3) At intervals of not more than five years, the Committee shall review— (a) the permissible potentiometric surface lowering; (b) the permissible salinity (if any) established pursuant to sub-clause (6)— in relation to each particular zone, sub-zone or aquifer within a zone or sub-zone and if the Committee is satisfied that alteration to any or all of the same is desirable in relation to a particular zone, sub-zone or aquifer within a zone or sub-zone, it may recommend any such alteration to the Minister of each Contracting Government.”. 12. The following sub-clause shall replace clause 28(4) in the principal agreement— "(4) Where the Minister of each Contracting Government agrees with any such recommendation, the permissible potentiometric surface lowering and/or the permissible salinity, for a particular zone, sub-zone or aquifer within a zone or sub-zone shall be deemed to have been altered in accordance with any such recommendation.”. 13. The following sub-clause shall replace clause 28(5) in the principal agreement— "(5) The Committee may at any time recommend to the Minister of each Contracting Government that a permissible salinity be declared for a particular zone, sub-zone or aquifer within a zone or sub-zone.”. 14. The following sub-clause shall replace clause 28(6) in the principal agreement— "(6) Where the Minister of each Contracting Government agrees with any such recommendation, a permissible salinity shall be deemed to have been declared for that particular zone, sub-zone or aquifer within that zone or sub-zone in accordance with that recommendation.”. 15. The following sub-clause shall be inserted immediately after clause 28(6) and immediately before clause 29 of the principal agreement— "(7) The Committee, having regard to the size and variability of a zone, may— (a) divide the zone or the aquifer within a zone into two or more sub-zones; (b) determine the boundaries of a particular sub-zone or aquifer within a sub-zone; (c) determine the allowable annual volume for the sub‑zone or aquifer within a sub-zone that does not exceed that permissible annual volume of which the sub‑zone forms part; (d) determine the permissible distance from the border between the State of South Australia and the State of Victoria for a particular sub-zone or aquifer within a zone or sub-zone— and shall have the power to alter any or all the same in relation to a particular sub-zone or aquifer within a sub‑zone.”. Periods of Restriction. 16. The following sub-clause shall replace clause 29(3) in the principal agreement— "(3) A period of restriction may be declared in relation to any zone, 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.”. Publication of declarations, etc. 17. The following clause shall replace clause 31 in the principal agreement— "31. Any alteration made under clause 28(2) or 28(4) or 28(7) or 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.”. 18. The following Schedule shall replace the SECOND SCHEDULE of the principal agreement—

SECOND SCHEDULE

Permissible annual volume (Megalitres) Zone Tertiary Limestone Aquifer Tertiary Confined Sand Aquifer 1A 30900

9200

1B 45720

14500

2A 25000

2900

2B 25000

5100

3A 24000

1900

3B 16500

1000

4A 20000

710

4B 14000

300

5A 18500

540

5B 11949

570

6A 8850

360

6B 9838

360

7A 7500

350

7B 6600

350

8A 7700

340

8B 6760

330

9A 11595

570

9B 5960

630

10A 9400

320

10B 6720

560

11A 6861

11B 1823

19.	The following Schedule shall replace the THIRD SCHEDULE of the principal agreement—

THIRD SCHEDULE

Permissible potentiometric surface lowering Rate (metres per annum) Zone Tertiary Limestone Aquifer Tertiary Confined Sand Aquifer 1A 0.25

0.25

1B 0.25

0.25

2A 0.25

0.25

2B 0.25

0.25

3A 0.25

0.25

3B 0.25

0.25

4A 0.25

0.25

4B 0.25

0.25

5A 0.25

0.25

5B 0.25

0.25

6A 0.05

0.05

6B 0.05

0.05

7A 0.05

0.05

7B 0.05

0.05

8A 0.05

0.05

8B 0.65

0.65

9A 0.65

0.65

9B 0.65

0.65

10A 0.65

0.65

10B 0.65

0.65

11A 0.65

0.65

11B 0.65

0.65

20.	Clause 24(2) in the principal agreement shall be deleted.

IN WITNESS WHEREOF this Agreement has been executed by the parties hereto as at the day and year first above-written.

SIGNED on behalf of THE STATE OF VICTORIA by the Honourable STEVE BRACKS, Premier of Victoria, in the presence of— Rosa Silvestro } STEVE BRACKS SIGNED on behalf of THE STATE OF SOUTH AUSTRALIA by the Honourable MIKE RANN, Premier of South Australia, in the presence of— Nick Alexandrides } MIKE RANN Consolidated Agreement This consolidation is provided for convenience only and does not form part of the Act. Original Agreement and amendments

Year No Title Assent Commencement 1985 104 Groundwater (Border Agreement) Act 1985 7.11.1985 19.12.1985 2006 20 Groundwater (Border Agreement) (Amending Agreement) Amendment Act 2006 28.9.2006 31.10.2006 AGREEMENT made the 15th day of October One thousand nine hundred and eighty‑five between— PREMIER of the State of South Australia for and on behalf of that State of the first part and PREMIER of the State of Victoria for and on behalf of that State of the second part. WHEREAS 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: NOW IT IS HEREBY AGREED as follows— PART I.—INTERPRETATION

Definitions. In this Agreement save where inconsistent with the context— "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). "Aquifer" means a geological structure or formation or an artificial land fill permeated or capable of being permeated permanently or intermittently with water. "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— (a) household purposes; (b) watering animals kept for domestic and stock purposes; or (c) the 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. "Committee" means the Review Committee constituted under clause 6. "Contracting Government" means the Government of the State of South Australia or the Government of the State of Victoria. "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. "Extraction" in relation to any bore includes withdrawing, taking, using or permitting the withdrawing, taking or using of water from that bore. "Granting authority" means— (a) in the case of South Australia, the Minister administering the Natural Resources Management Act 2004; and (b) in the case of Victoria, the Minister administering the Water Act 1989. "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. "Member" means a member of the Committee. "Minister" with respect to South Australia means the Minister administering the Natural Resources Management Act 2004 and with respect to Victoria means the Minister administering the Water Act 1989. "Permissible annual volume" means the permissible annual volume of extraction specified for a particular zone or aquifer within a zone in the Second Schedule, or in relation to a particular zone or aquifer within a zone, such other volume as has been determined by the Committee under clause 28(2). "Permissible distance from the border between the State of South 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). "Permissible potentiometric surface lowering" means— (a) a rate set out in the Third Schedule or such other rate as has been agreed upon by the Minister for each Contracting Government under clause 28(4), and/or (b) the potentiometric surface level as agreed upon by the Minister of each Contracting Government under clause 28(4). "Permissible salinity" means— (a) a maximum rate of increase; and/or (b) a designated maximum level— of salinity, measured as electro-conductivity of so many microsiemens per centimetre at twenty-five degrees Celsius, that must not be exceeded as may be agreed upon by the Minister of each Contracting Government for a particular zone, sub-zone or aquifer within a zone or sub-zone, pursuant to 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). "Permit" means— (a) any licence provided for in section 146 of the South Australian Natural Resources Management Act 2004; (b) any permit provided for in section 135 of the South Australian Natural Resources Management Act 2004; (c) any licence provided for in Part 5 of the Victorian Water Act 1989; (d) any licence provided for in section 51 of the Victorian Water Act 1989. "Potentiometric surface lowering" means— (a) a rate of potentiometric surface lowering that must not be exceeded, and/or (b) a potentiometric surface level that must not be exceeded— for a particular zone, sub-zone or aquifer within a zone or sub zone. "Schedule" means a schedule to this Agreement. "Sub-zone" means a subdivision of a zone with boundaries determined by the Committee under clause 28(7). "Zone" means any zone as specified in the First Schedule.
Interpretation. (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 heading 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 member shall be read as including a deputy member who is acting as a member. PART II.—APPROVAL AND ENFORCEMENT
Approval. This 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.
Submission to Parliament. The Contracting Governments hereby agree to submit this Agreement for approval to the respective Parliaments of the said States as soon as practicable after the date of this Agreement.
Parties to provide for enforcement of Agreement and Acts. 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 of any Acts approving it. PART III.—THE REVIEW COMMITTEE
Constitution. There 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.
The Committee shall consist of four members.
Appointment of members and deputy members. Two members and one deputy member shall be appointed by the Minister of each Contracting Government.
Term of appointment. Each member and deputy member shall be appointed for a term not exceeding five years but shall be eligible for re-appointment.
When deputy member may act. Whenever— (a) A member is (i) absent from Australia or from duty; (ii) unable for any reason to attend a meeting of the Committee; or (iii) otherwise unable to perform the duties of that member's office; or (b) there is a vacancy in the office of a member for either State— the 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.
Powers of members. Subject to the provisions of this Agreement the members shall have equal powers.
Remuneration of members and deputy members. Each 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.
Removal from office. A 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.
Resignation. A 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.
Vacancies. Whenever 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.
Validity of proceedings. No 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.
Meetings of the Review Committee. (1) The members may meet together for the transaction of the Committee's business and may adjourn any meeting. (2) A member may at any time call a meeting of the Committee. (3) The 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. (4) At 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. (5) The 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. (6) Subject to this Agreement, the Committee shall regulate the conduct of its own proceedings. (7) The Committee shall cause proper minutes of all its proceedings to be kept. (8) A 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.
Delegation. (1) The 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. (2) A 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. (3) A delegation of any power pursuant to this clause shall not prevent the exercise of that power by the Committee. (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 Committee.
Liability for acts of members of Review Committee. Each 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.
Studies and investigations. The 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.
Recommendations to Contracting Governments. The 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.
Proposals to amend Agreement. The 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.
Furnishing information and particulars. Each 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. PART IV.—MANAGEMENT PLAN
Designation of Border Area and potentiometric surface levels. (1) This Agreement shall apply to all lands and to all groundwater within the Designated Area.
Application of legislation. Subject to the provisions of this Agreement— (a) the provisions of the South Australian Natural Resources Management Act 2004 and of regulations made thereunder shall apply to such portion of the State of South Australia as is within the Designated Area; (b) the provisions of the Victorian Water Act 1989 and of regulations made thereunder shall continue to apply to such portion of the State of Victoria as is within the Designated Area— and the provisions of those Acts and regulations shall respectively be applied to— (i) all bores existing within the Designated Area at the date of this Agreement; (ii) all applications to construct, deepen, enlarge or alter bores or to extract water therefrom as are made after the date of this Agreement; and (iii) any bores constructed, deepened, enlarged or altered or from which water is extracted, after the date of this Agreement.
Management prescriptions. (1) Subject to clause 28 no application for a permit shall be granted and no permit renewed— (a) in relation to the construction, deepening, enlarging or altering of any bore which passes or will pass through two or more aquifers unless a condition is attached to such permit which requires that an impervious seal be made and maintained between such aquifers; (b) in relation to the construction, deepening, enlarging or altering of any bore, or the extraction of water from any bore, in a particular zone, or aquifer within a zone, where the effect of extracting water from that bore would be to exceed the permissible annual volume for that particular zone, or aquifer within a zone; (c) in relation to the construction, deepening, enlarging or altering of any bore, or the extraction of water from any bore, in a particular zone, sub-zone or aquifer within a zone or sub-zone if that bore is situated within, or 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; (d) in relation to the construction, deepening, enlarging or altering of any bore, or the extraction of water from any bore, where the bore is situated, or proposed to be situated, in a particular sub-zone or aquifer within a sub-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. (2) Subject to clause 28— (a) no application for a permit shall be granted and no permit renewed; or (b) a period of restriction shall be declared subject to clause 29(3)— where the potentiometric surface lowering has exceeded the permissible potentiometric surface lowering in a particular zone, sub-zone or aquifer within a zone or sub-zone over the preceding five years.
Preparation of reports. (1) As 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— (a) the number of permits granted or renewed in each of those zones in the preceding year ending on 30 June; (b) the annual volume of extraction which has been authorised in relation to each such permit; (c) the total number of bores situated in each zone in the preceding year ending on 30 June; (d) details of the potentiometric surface levels obtained from observation bores within each particular zone, sub-zone or aquifer within a zone or sub-zone in the preceding year ending on 30 June; and (e) the rate of increase or level of salinity in such bores within a particular zone, sub-zone or aquifer within a zone or sub-zone as shall be specified by the Committee in the preceding year ending on 30 June. (2) The report referred to in sub-clause (1) shall be considered by the Committee as soon as practicable after the report has become available. (3) In 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.
Powers of Review Committee. (1) The Committee shall meet to consider the report prepared by each Contracting Government relating to the previous year. (2) At intervals of not more than five years, the Committee shall review— (a) the permissible distance from the border between the State of South Australia and the State of Victoria in relation to a particular zone, sub-zone or aquifer within a zone or sub-zone; (b) the permissible annual volume of extraction in relation to a particular zone or aquifer within a zone; (c) the allowable annual volume of extraction in relation to a particular sub-zone or aquifer within a sub-zone— and shall have the power to alter any or all of the same in relation to a particular zone, sub-zone or aquifer within a zone or sub-zone. (3) At intervals of not more than five years, the Committee shall review— (a) the permissible potentiometric surface lowering; (b) the permissible salinity (if any) established pursuant to sub-clause (6)— in relation to each particular zone, sub-zone or aquifer within a zone or sub-zone and if the Committee is satisfied that alteration to any or 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. (4) Where the Minister of each Contracting Government agrees with any such recommendation, the permissible potentiometric surface lowering and/or the permissible salinity, for a particular zone, sub‑zone or aquifer within a zone or sub‑zone shall be deemed to have been altered in accordance with any such recommendation. (5) The 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. (6) Where 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. (7) The Committee, having regard to the size and variability of a zone, may— (a) divide the zone or the aquifer within a zone into two or more sub-zones; (b) determine the boundaries of a particular sub-zone or aquifer within a sub‑zone; (c) determine the allowable annual volume for the sub-zone or aquifer within a sub-zone that does not exceed that permissible annual volume of which the sub-zone forms part; (d) determine the permissible distance from the border between the State of South Australia and the State of Victoria for a particular sub-zone or aquifer within a zone or sub-zone— and shall have the power to alter any or all the same in relation to a particular sub‑zone or aquifer within a sub-zone.
Periods of restriction. (1) Whenever 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. (2) A 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. (3) A 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. (4) During 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— (a) the details of the application or of the proposed renewal have first been considered by the Committee; (b) the granting authority has first considered any recommendation made by the Committee with respect to the application or the proposed renewal; and (c) thirty days have elapsed from the date on which the details of the application or of the proposed renewal have been considered by the Committee. (5) Where 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.
Annual report. (1) As 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. (2) The Committee shall give a copy of each report under sub-clause (1) to the Minister of each Contracting Government forthwith after it is prepared.
Publication of declarations, etc. Any 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. FIRST SCHEDULE The 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: (a) in 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; (b) in 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. SECOND SCHEDULE

Permissible annual volume (Megalitres) Zone Tertiary Limestone Aquifer Tertiary Confined Sand Aquifer 1A 30900

9200

1B 45720

14500

2A 25000

2900

2B 25000

5100

3A 24000

1900

3B 16500

1000

4A 20000

710

4B 14000

300

5A 18500

540

5B 11949

570

6A 8850

360

6B 9838

360

7A 7500

350

7B 6600

350

8A 7700

340

8B 6760

330

9A 11595

570

9B 5960

630

10A 9400

320

10B 6720

560

11A 6861

11B 1823

THIRD SCHEDULE

Permissible potentiometric surface lowering Rate (metres per annum) Zone Tertiary Limestone Aquifer Tertiary Confined Sand Aquifer 1A 0.25

0.25

1B 0.25

0.25

2A 0.25

0.25

2B 0.25

0.25

3A 0.25

0.25

3B 0.25

0.25

4A 0.25

0.25

4B 0.25

0.25

5A 0.25

0.25

5B 0.25

0.25

6A 0.05

0.05

6B 0.05

0.05

7A 0.05

0.05

7B 0.05

0.05

8A 0.05

0.05

8B 0.65

0.65

9A 0.65

0.65

9B 0.65

0.65

10A 0.65

0.65

10B 0.65

0.65

11A 0.65

0.65

11B 0.65

0.65

s 2 omitted under Legislation Revision and Publication Act 2002

s 4 amended by 20/2006 s 4 31.10.2006 s 5A inserted by 20/2006 s 5 31.10.2006 s 12

s 12(2) substituted by 20/2006 s 6 31.10.2006

amended by 33/2019 Sch 5 cl 23 1.7.2020 s 14 omitted under Legislation Revision and Publication Act 2002

Sch 1 omitted under Legislation Revision and Publication Act 2002

Sch 2

cl 1

Allowable annual volume inserted by 2005 Amendment Agreement as inserted by 20/2006 s 10 31.10.2006 Bore substituted by 2005 Amendment Agreement as inserted by 20/2006 s 10 31.10.2006 Granting authority substituted by 2005 Amendment Agreement as inserted by 20/2006 s 10 31.10.2006 Groundwater substituted by 2005 Amendment Agreement as inserted by 20/2006 s 10 31.10.2006 Minister substituted by 2005 Amendment Agreement as inserted by 20/2006 s 10 31.10.2006 Permissible annual volume substituted by 2005 Amendment Agreement as inserted by 20/2006 s 10 31.10.2006 Permissible distance from the border between the State of South Australia and the State of Victoria substituted by 2005 Amendment Agreement as inserted by 20/2006 s 10 31.10.2006 Permissible level of salinity deleted by 2005 Amendment Agreement as inserted by 20/2006 s 10 31.10.2006 Permissible potentiometric surface lowering inserted by 2005 Amendment Agreement as inserted by 20/2006 s 10 31.10.2006 Permissible rate of potentiometric surface lowering deleted by 2005 Amendment Agreement as inserted by 20/2006 s 10 31.10.2006 Permissible salinity inserted by 2005 Amendment Agreement as inserted by 20/2006 s 10 31.10.2006 Permit substituted by 2005 Amendment Agreement as inserted by 20/2006 s 10 31.10.2006 Potentiometric surface lowering inserted by 2005 Amendment Agreement as inserted by 20/2006 s 10 31.10.2006 Sub-zone inserted by 2005 Amendment Agreement as inserted by 20/2006 s 10 31.10.2006 cl 24

cl 24(2) deleted by 2005 Amendment Agreement as inserted by 20/2006 s 10 31.10.2006 cl 25 substituted by 2005 Amendment Agreement as inserted by 20/2006 s 10 31.10.2006 cl 26 substituted by 2005 Amendment Agreement as inserted by 20/2006 s 10 31.10.2006 cl 27

cl 27(1) amended by 2005 Amendment Agreement as inserted by 20/2006 s 10 31.10.2006 cl 27(3) substituted by 2005 Amendment Agreement as inserted by 20/2006 s 10 31.10.2006 cl 28

cl 28(2)—(6) substituted by 2005 Amendment Agreement as inserted by 20/2006 s 10 31.10.2006 cl 28(7) inserted by 2005 Amendment Agreement as inserted by 20/2006 s 10 31.10.2006 cl 29

cl 29(3) substituted by 2005 Amendment Agreement as inserted by 20/2006 s 10 31.10.2006 cl 31 substituted by 2005 Amendment Agreement as inserted by 20/2006 s 10 31.10.2006 Second Schedule substituted by 2005 Amendment Agreement as inserted by 20/2006 s 10 31.10.2006 Third Schedule substituted by 2005 Amendment Agreement as inserted by 20/2006 s 10 31.10.2006 Sch 3 inserted by 20/2006 s 10 31.10.2006 Historical versions 31.10.2006

1 Groundwater (Border Agreement) Act 1985

Designated Area and mapped zones: The Agreement applies to groundwater and land within a defined Designated Area shown on deposited plans (First Schedule, G.R.O. 370/1985 and plan registers). The Designated Area is partitioned into numbered zones (and, after amendment, sub‑zones and aquifer units) for management, monitoring and numerical limits (Agreement cl 1 definitions; First Schedule).

Permissible/allowable volumes and aquifer specificity: The Agreement specifies “permissible annual volume” (Second Schedule) for each zone, and following the Amending Agreement, separates permissible volumes by aquifer type within zones (Tertiary Limestone and Tertiary Confined Sand in the consolidated Second Schedule). The amendment also introduces “allowable annual volume” for sub‑zones or aquifers within sub‑zones as determinations the Committee may make (Amending Agreement cl 2(4) / consolidated cl 1). This distinguishes broad zone limits from finer spatial or aquifer‑specific allocations the Committee may set (Agreement cl 28(7)).

Potentiometric surface lowering and salinity constraints: The Agreement uses two complementary metrics to constrain resource use. The original instrument used permissible rate of potentiometric surface lowering and permissible level of salinity (original definitions). The Amending Agreement replaces those with (a) “permissible potentiometric surface lowering”, which can be either a rate (metres per annum) or a potentiometric surface level (consolidated cl 1), and (b) “permissible salinity” (a maximum rate of increase and/or a designated maximum level measured as electro‑conductivity). The Third Schedule of the consolidated Agreement sets specific permissible potentiometric lowering rates per zone and aquifer (e.g. 0.25 m/yr or 0.65 m/yr depending on zone).

Committee governance and decision rules: The Review Committee is the Agreement’s technical and decision body (Agreement cl 6-23). It consists of four members (two appointed by each Government) with equal authority (cl 11). Meetings require the four members as a quorum and, subject to the delegation provisions, the concurrence of all four is necessary for business (cl 17(5)). The Committee may delegate many powers to an individual member (cl 18(1)), may recommend amendments to Ministers (cl 22), and may recommend and cause studies, monitoring and reporting (cl 20, cl 21). The Committee may review and amend permissible distances, volumes, potentiometric and salinity standards at intervals of not more than five years and may recommend alterations to Ministers; ministerial agreement is required for those changes to take effect (cl 28).

Permits and granting authorities: “Permit” is defined by reference to the applicable state statutes (as amended by the 2005/2006 amendments: South Australian Natural Resources Management Act 2004 sections 135 and 146; Victorian Water Act 1989 Part 5 and s 51). Clause 25 (as replaced) requires the relevant South Australian and Victorian water/NRM Acts and regulations to apply to bores and permit matters in the Designated Area, thereby making each State’s permitting and enforcement framework the operative legal regime for local compliance (Agreement cl 25).

Reporting, monitoring and observation bores: Each State must prepare annual reports about permits, authorised extraction volumes, numbers of bores, potentiometric levels from observation bores and salinity metrics specified by the Committee. The Committee must consider the reports (Agreement cl 27). The Act requires the Minister to lay an annual report submitted under the Agreement before both Houses of Parliament within 14 sitting days (s 13). The Act also authorises the Minister (or authorised persons) to establish, equip and maintain bores and works for observation and data collection (s 12(1)); s 12(2) preserves powers under the Landscape South Australia Act 2019.

Periods of restriction and notification: The Committee may declare periods of restriction in a zone, for up to five years and renewable, during which permit applications cannot be granted or renewed except after consideration by the Committee, consideration of Committee recommendations by the granting authority, and a 30‑day lapse after Committee consideration (Agreement cl 29(1)-(4)). If a granting authority grants a permit contrary to the Committee’s recommendation, it must notify the other State’s Minister forthwith (cl 29(5)).

Land access and acquisition: The Act permits Committee members and authorised persons to enter lands and have free access to bores for Agreement purposes (s 10). The Minister may acquire land for Agreement purposes under the Land Acquisition Act 1969 (s 11).

Institutional indemnities and remuneration: The Agreement provides that each Contracting Government indemnifies members it appoints for acts done in bona fide exercise of Committee powers (Agreement cl 19). The Act allows payment of remuneration, allowances and expenses to appointed members who are not full‑time public servants, subject to terms in the instrument of appointment (s 7).

Legal and temporal mechanics of change: The Amending Agreement (Schedule 3) replaced definitions, schedules, and various clauses of the original Agreement to allow finer spatial and aquifer‑level management, to add sub‑zones and allowable annual volumes, and to substitute references to contemporary state statutes (Natural Resources Management Act 2004 and Water Act 1989). The legislative history records the Act’s commencement in 1985 and the Amending Agreement’s ratification into South Australian law via the Groundwater (Border Agreement) (Amending Agreement) Amendment Act 2006 (assent 28.9.2006; commencement 31.10.2006).

These concepts together create a framework where interstate cooperation is operationalised by a bi‑state technical committee, numerical and geophysical constraints, state domestic permitting and enforcement, and a review and publication regime that links technical monitoring to ministerial decisions.

The Act and the Agreement allocate roles, obligations and rights among several distinct groups. Those materially affected include:

Landowners and bore owners within the Designated Area. The Agreement applies to “all lands and all groundwater” within the Designated Area (Agreement cl 24(1) in the consolidated Agreement). Owners of bores face permit preconditions and potential restrictions: construction, deepening, enlarging or altering of bores that pass through multiple aquifers must carry a condition requiring an impervious seal (Agreement cl 26(1)(a)); construction or extraction that would cause exceedance of permissible or allowable annual volumes, or that would be inside a prescribed distance from the border, cannot be permitted without Committee consideration (Agreement cl 26 as substituted). During a declared period of restriction a permit cannot be granted or renewed unless processed through the Committee and the 30‑day period examined (cl 29(4)).
Users and extractors (irrigators, industrial or commercial users) who rely on groundwater in the zones and sub‑zones. Permissible annual volumes and allowable annual volumes (introduced by the Amending Agreement) set the ceilings on extraction for zones and finer sub‑units; users planning new extraction or renewals must obtain permits under the relevant state Acts applied by cl 25 and must anticipate Committee processes when activities lie near the border or could breach limits.
Granting authorities and Ministers. The Agreement imports state permitting regimes into the Designated Area (consolidated cl 25). The Minister in South Australia has statutory appointment and administrative duties under the Act (ss 6-9), and both State Ministers hold the power to agree to alterations recommended by the Committee (Agreement cl 28(4) / consolidated cl 28(4)). Granting authorities must consider Committee recommendations and must notify the other State’s Minister if they decide to grant contrary to a Committee recommendation (Agreement cl 29(5)). The Act also requires Ministers to lay Committee reports before Parliament (s 13).
The Review Committee and its members. The Committee is the central managerial and technical body (Agreement cl 6-23). Its members are appointed by the Ministers of each Contracting Government (Agreement cl 8; Act s 6). Members exercise powers to review permissible volumes, devise sub‑zones, determine allowable volumes, recommend salinity and potentiometric standards, and declare periods of restriction (Agreement cl 28(2), (3), (5), (7); cl 29). Members are indemnified by the appointing Contracting Government for bona fide acts or omissions under the Agreement (Agreement cl 19).
State water management agencies. The Agreement requires each Contracting Government to furnish information and particulars to the Committee that the Committee requires (Agreement cl 23). In practice, statutory water/NRM agencies will be responsible for preparing the annual reports specified (Agreement cl 27(1)), carrying out observation monitoring, and implementing permitting decisions in line with Committee determinations.
Entities subject to land acquisition. The Minister may acquire land under the Land Acquisition Act 1969 for Agreement purposes (s 11). Those with land interests in zones risk compulsory acquisition if deemed necessary for Agreement implementation, subject to the Land Acquisition Act’s processes and compensation rules.
Public and parliamentary oversight actors. The Act imposes a parliamentary visibility mechanism: the Minister must lay an annual report submitted to the Minister under the Agreement before each House of Parliament within 14 sitting days (s 13). The Committee also provides an annual report to Ministers (Agreement cl 30).
Researchers, consultants and contractors involved in monitoring and bore work. The Act authorises the Minister or authorised persons to establish and maintain observation bores and ancillary works for specific purposes (s 12(1)). Those contracted to install and service monitoring infrastructure or to produce technical reports will operate under the Committee’s information requirements (Agreement cl 20; cl 27).

Geographical specificity matters: the Designated Area and zone/sub‑zone boundaries are not described in the text but are indicated by deposited plans (First Schedule). Persons must consult the listed plans (G.R.O. 370/1985, plan registers) to determine whether they fall within the area. The Act and Agreement therefore have targeted effects (confined to mapped areas) but a diverse stakeholder set given the cross‑border nature and the agricultural and environmental uses of groundwater.

This instrument creates a network of duties and rights allocated between the State (via the Minister), the Review Committee, granting authorities, and resource users. The key ones follow, with source citations to the Act and the Agreement.

Duties and powers of the Minister (South Australia):

Appoint two members and one deputy to the Committee (Act s 6(1)); set terms not exceeding five years and specify terms and conditions in instruments of appointment (s 6(2)-(3)); remove or suspend members (s 6(4)); accept resignations (s 6(5)).
Pay remuneration and allowances to appointed members who are not full‑time public servants (s 7).
Exercise all powers on the Minister’s side conferred by the Agreement, but only in accordance with the Act and the Agreement (s 8).
Establish, equip and maintain observation bores and ancillary works for groundwater observation and monitoring (s 12(1)).
Cause an annual report submitted under the Agreement to be laid before both Houses of Parliament within a specified timeframe (s 13).

Duties and powers of the Review Committee:

The Committee has the powers conferred by the Agreement and must exercise them in accordance with the Agreement (Act s 9; Agreement cl 6).
Membership structure: four members, two appointed by each Contracting Government; deputy members act when a member is absent or a vacancy exists (Agreement cl 6-10).
Equal powers for members and procedural rules including election of a President, minutes, quorum and unanimity requirements (Agreement cl 11; cl 17).
Review and review‑interval duties: at intervals not more than five years, the Committee must review permissible distances from the border, permissible annual volumes, permissible potentiometric lowering and permissible salinity for each zone/sub‑zone/aquifer as applicable, and can alter permissible distances and permissible annual volumes (Agreement cl 28(2)-(4); consolidated cl 28).
The Committee may recommend alterations to permissible potentiometric lowering and salinity (cl 28(3)), recommend a permissible salinity (cl 28(5)), recommend sub‑division into sub‑zones and determine allowable annual volumes (cl 28(7) as inserted), and declare periods of restriction when necessary (cl 29).
The Committee must co‑ordinate or cause surveys and studies and may make recommendations on any matter affecting groundwater in the Designated Area (cl 20-21).
The Committee must consider annual reports submitted by each Contracting Government and prepare its own annual report to the Ministers (cl 27; cl 30).

Duties and restraints on granting authorities and permit applicants:

The Agreement requires that, subject to its provisions, the South Australian Natural Resources Management Act 2004 and the Victorian Water Act 1989 apply to the respective portions of the Designated Area (consolidated cl 25), and the referenced Act provisions apply to existing bores, new applications and bores constructed thereafter (cl 25(b)(i)-(iii)).
Clause 26 (as substituted) contains substantive management prescriptions that constrain permit granting and renewals: permits cannot be granted or renewed where construction/extraction would violate impervious seal requirements for multi‑aquifer bores (cl 26(1)(a)); would cause exceedance of permissible annual volumes for a particular zone or aquifer (cl 26(1)(b)); would be within the permissible border distance for a zone/sub‑zone/aquifer unless the Committee has considered and determined the application may be granted (cl 26(1)(c)); or would exceed allowable annual volumes for a sub‑zone/aquifer (cl 26(1)(d)). Additionally, where potentiometric lowering has exceeded permissible potentiometric lowering in the preceding five years, no permits shall be granted or renewed and a period of restriction may be declared (cl 26(2) inserted).
During a declared period of restriction, permit applications require Committee consideration, granting authority consideration of Committee recommendations, and at least 30 days must elapse from Committee consideration before grant or renewal (cl 29(4)).

Rights and protections:

Committee members enjoy indemnity from the Contracting Government that appointed them for bona fide execution of Committee powers (Agreement cl 19).
The Act binds the Crown (s 3), which means Crown bodies are subject to the Act’s operation.
Persons whose land is entered by authorised Committee members or persons authorised by the Committee have limited protections under general laws (the Act authorises entry with free access to bores (s 10), but the Act does not set compensation rates for entry; acquisition follows the Land Acquisition Act if invoked (s 11)).
There is a publication and parliamentary visibility right: alterations, declarations and Committee decisions as published in Government Gazettes and newspapers take effect on publication (Agreement cl 31), and the Minister must table reports before Parliament (Act s 13).

Administrative duties on Contracting Governments:

Furnish to the Committee information and particulars the Committee requires for the Agreement’s purposes (Agreement cl 23).
Prepare specified annual reports about permits, annual authorised extraction volumes per permit, number of bores, observation bore potentiometric surface levels and specified salinity metrics (Agreement cl 27(1)). The Committee shall consider those reports (cl 27(2)).

Acquisition and entry powers:

The Minister may acquire land under the Land Acquisition Act 1969 for the purposes of the Agreement (Act s 11). The Act authorises Committee members or authorised persons to enter lands and have free access to bores for Agreement purposes (s 10).

These duties and rights reflect a division where technical review and recommendation are vested in a cross‑border Committee, operational permitting and enforcement remain with the States’ statutory frameworks, and Ministers retain the ultimate power to agree to recommended changes to standards and volumes.

The Act and the incorporated Agreement do not themselves create new criminal offences or civil penalty provisions; rather, they operate by importing and coordinating the existing state statutory permit and enforcement frameworks into the Designated Area. The enforcement architecture is therefore multi‑layered and operates as follows.

No direct penalties in the Act/Agreement text: The statutory text provided contains no penal sanctions, fines, or specified breaches that attract criminal or civil liability within the Groundwater (Border Agreement) Act itself or in the Agreement schedules. Enforcement and penalties are to be found in the state legislation that the Agreement imports into the Designated Area (Agreement cl 25 as substituted; consolidated cl 25).

Enforcement via state water/NRM Acts: The Agreement requires the application, subject to its own provisions, of the South Australian Natural Resources Management Act 2004 (and regulations) to the South Australian portion of the Designated Area, and the Victorian Water Act 1989 (and regulations) to the Victorian portion (consolidated Agreement cl 25). Both of those statutes contain permit regimes, compliance, inspection and enforcement mechanisms including potential penalties; those mechanisms are the operative enforcement tools for activities (construction, alteration, extraction) within the Designated Area. Practitioners must therefore look to the relevant state Act referenced by the Agreement for specific offences, sanctions, infringement notices, injunctions, licence suspensions and civil remedies.

Committee recommendations and permitting restraint as non‑punitive controls: The Agreement creates non‑punitive but binding administrative restraints on permitting. For example, clause 26(1) provides that no application for a permit shall be granted and no permit renewed in specified circumstances (e.g. where extraction would exceed permissible annual volumes, or where an application is within the permissible distance from the border unless the Committee has considered and determined otherwise). During periods of restriction declared by the Committee, clause 29(4) requires Committee consideration and a 30‑day lapse before a granting authority may grant or renew, and a requirement that the granting authority consider Committee recommendations. These are administrative controls limiting permitability rather than criminal penalties; non‑compliant extraction would therefore typically be addressed under state water law enforcement regimes.

Notification requirement where granting authority departs from Committee recommendations: Clause 29(5) creates a procedural obligation on the granting authority to notify the other Contracting Government’s Minister where it grants a permit contrary to a Committee recommendation. This is an intergovernmental accountability measure, not a penalty, but it creates transparency and political oversight that can lead to administrative consequences under state laws or ministerial review.

Entry, observation and acquisition enforcement: The Act authorises entry to land for Committee members or persons authorised by the Committee (s 10). The Act also authorises the Minister to acquire land pursuant to the Land Acquisition Act 1969 (s 11). Enforcement of entry rights and acquisition follows the legal frameworks that govern entry and acquisition under general law and the Land Acquisition Act; any dispute as to unlawful entry, compensation, or improper acquisition would be subject to remedies under those statutes and common law. The Act preserves the Crown’s binding nature (s 3), meaning administrative bodies are subject to these arrangements.

Indemnity and protection for Committee members: The Agreement requires each Contracting Government to indemnify the members it appoints for acts done in bona fide execution of Committee powers (Agreement cl 19). That indemnity reduces personal liability risk for members acting within the Agreement’s scope but does not affect enforcement against third parties.

Practical enforcement implication: Enforcement of extraction limits, compliance with permit conditions (including impervious seals between aquifers), and penalties for unauthorised extraction or breach of licence terms will be pursued under the statutory tools of the respective State Acts applied by cl 25. The Agreement shapes the circumstances in which permits may be granted or renewed and establishes procedural constraints and notification duties, but enforcement sanctions depend on the underlying state Acts.

For practitioners assessing risk or advising clients, the immediate step when confronting potential non‑compliance or enforcement is to identify which state Act applies to the activity in the Designated Area and then examine that Act’s compliance and penalty provisions, together with the Agreement’s procedural constraints (clauses 26 and 29) which may make permissibility contingent on Committee processes and Ministerial agreement.

The Act is expressly designed to work in tandem with existing state water and natural resources statutes, and it does so by importing their substantive regimes into the Designated Area and by cross‑referencing updated statutory sources through the Amending Agreement. The interaction points in the text are explicit.

Primacy of state water/NRM Acts in operational matters: Clause 25 as substituted by the Amending Agreement (consolidated cl 25) requires that the South Australian Natural Resources Management Act 2004 and the Victorian Water Act 1989 and regulations apply to the respective parts of the Designated Area. The Agreement directs that the provisions of those Acts be applied to existing bores, applications to construct/deepen/enlarge/alter bores or to extract water made after the date of the Agreement, and any bores constructed or from which water is extracted after the Agreement (consolidated cl 25(i)-(iii)). That means permitting, licensing, enforcement, compliance, inspection and any statutory remedies will be drawn from the applicable state Act rather than from the Agreement itself.

Definitions updated to match state statutes: The Amending Agreement substituted definitions to match the then current state statutes. For South Australia, definitions now reference the Natural Resources Management Act 2004 (e.g. “bore”, “groundwater”, “permit”, “Minister”) and for Victoria the Water Act 1989 (Amending Agreement cl 2(1); consolidated cl 1). Because the Agreement’s permit definition ties to specific provisions in those Acts (for example, South Australian “permit” refers to s 146 and s 135 of the NRM Act in the consolidated text), changes to those statutes or renumbering could affect interpretation, which the Agreement anticipates by providing that references to Acts include any Act amending or substituting the referenced Act (Agreement cl 2(1)).

Land acquisition and general property law: The Act specifically authorises the Minister to acquire land for Agreement purposes subject to and in accordance with the Land Acquisition Act 1969 (s 11). That makes the Land Acquisition Act, with its compensation and procedures, the legal route for compulsory acquisition tied to Agreement implementation. Entry to land and free access to bores for Committee members and authorised persons (s 10) interacts with property and tort law: entry powers conferred by the Act must be exercised in accordance with legal restrictions and remedies will continue to be available under common law or statute for misuse (though the Act does not itself prescribe compensation for routine entry).

Landscape South Australia Act 2019: The Act includes a saving that subsection 12(1) does not derogate from any power under the Landscape South Australia Act 2019 (s 12(2) as substituted , legislative history records substitution and commencement 1.7.2020). That indicates the Act’s observation‑bore powers coexist with the Landscape Act powers and that practitioners should check parallel regulatory obligations under that Act when establishing observation bores or ancillary works.

Delegation to Committee members and administrative law: The Agreement allows delegation of Committee powers to individual members by resolution (Agreement cl 18(1)) and provides for revocation mechanisms (cl 18(2)). Delegation and exercise of quasi‑public powers raise administrative law considerations,decisions may be reviewable if they constitute administrative action under applicable judicial review principles. The Agreement provides for validity of proceedings despite defects in appointment (cl 16), which interacts with public law doctrines about the validity of administrative decisions affected by procedural irregularities.

Publication and parliamentary processes: Alterations made under the Agreement (cl 28 changes) or declarations (cl 29) must be published in the Government Gazette of the Contracting Government in whose jurisdiction the zone is situated and in a newspaper circulating in that zone (Agreement cl 31). The Act also requires the Minister to lay a copy of annual reports submitted under the Agreement before each House of Parliament (s 13). These publication and tabling requirements link the Agreement to parliamentary oversight and public administrative law obligations.

Interstate treaty/consent paradigm: The Agreement is an interstate arrangement between two State Governments, having effect because each State’s Parliament approved it (Agreement cl 3). The Act provides South Australia’s domestic legal approval (s 5). Enforcement between States is implemented by each State “so far as its jurisdiction extends” and as necessary (Agreement cl 5), which means that no single federal enforcement overlay is added by the Act; rather, interstate cooperation is operationalised through parallel state implementation.

Practical consequence: lawyers and compliance officers must read the Agreement together with the relevant provisions of the South Australian NRM Act, the Victorian Water Act, the Land Acquisition Act 1969, and the Landscape South Australia Act 2019 where relevant. The Agreement shapes permitability, reporting and intergovernmental processes, but the coercive legal tools (penalties, enforcement powers) will generally be those found in the applicable state water/NRM Acts and general property law.

The Act and Agreement have a layered amendment history recorded in the legislative history appended to the text. Key chronological events and mechanical changes are:

1985: Original enactment. The Groundwater (Border Agreement) Act 1985 received assent on 7 November 1985 and commenced on 19 December 1985. The Act approved the Border Groundwaters Agreement executed 15 October 1985 (Schedule 2).
2005/2006 Amending Agreement: An Amending Agreement was executed 18 October 2005 (Schedule 3) to provide “capacity and flexibility” for managing shared groundwater in western Victoria, the Mallee and south‑eastern South Australia. The South Australian Parliament approved that Amending Agreement by legislation titled Groundwater (Border Agreement) (Amending Agreement) Amendment Act 2006 (No 20 of 2006). The amending Act received assent 28 September 2006 and commenced 31 October 2006 (legislative history).

Substantive legal changes effected by the Amending Agreement and inserted by the 2006 Act include:

Substitution of definitions to reference newer state statutes: “Bore”, “Groundwater”, “Minister”, “Granting authority” and “Permit” were updated to refer to the South Australian Natural Resources Management Act 2004 and the Victorian Water Act 1989 (Amending Agreement cl 2(1); consolidated Agreement cl 1). This maps the Agreement’s operational terms onto the updated legislative framework of each State.
Replacement of the Second and Third Schedules with aquifer‑specific permissible volumes and specific potentiometric permissible lowering rates respectively. The 2006 consolidated Second Schedule lists permissible annual volumes for two aquifer types (Tertiary Limestone and Tertiary Confined Sand) by zone. The revised Third Schedule sets permissible potentiometric surface lowering rates per aquifer and zone (Amending Agreement Part 18-19).
Removal of clause 24(2) (which in the original Agreement had determined potentiometric surface levels by reference to 1 July 1982) , the Amending Agreement deleted this historic fixed reference, presumably to allow dynamic management based on more recent data (Amending Agreement cl 20).
Insertion of new management tools: “sub‑zones” and “allowable annual volume” were added, enabling the Committee to subdivide zones and determine allowable annual volumes for sub‑zones or aquifers within sub‑zones that do not exceed the permissible annual volume for the larger zone (Amending Agreement cl 2(4); cl 28(7) inserted). Clause 28(7) gives the Committee the explicit power to divide zones, determine boundaries of sub‑zones and aquifer units, and set allowable annual volumes and border distances for sub‑zones.
Procedural tightening on poten-tiometric exceedances: the Amending Agreement inserted a clause preventing grant or renewal of permits, or enabling a period of restriction if potentiometric surface lowering has exceeded permissible potentiometric surface lowering over the preceding five years (Amending Agreement cl 6 inserting cl 26(2)), thereby tying permitability to observed five‑year trends.
Revisions to reporting requirements to reflect aquifer, sub‑zone and rate/level metrics, including reporting of potentiometric surface levels and rates/levels of salinity in observation bores for particular zones, sub‑zones or aquifers (Amending Agreement cl 7-9).
Publication and effect mechanics were broadened to include alterations made under clause 28(7) and declarations in respect of sub‑zones (Amending Agreement cl 17).

Other legislative interactions and housekeeping amendments:

The Act’s s 12(2) was substituted by the 2006 amendment and later amended by the Landscape South Australia Act 2019 (commencing 1 July 2020 for the relevant provision), as noted in the Act’s legislative history.

The legislative history table attached to the text lists the statutory instruments and dates of assent and commencement: originally enacted 1985, amended by the Amending Agreement Act 2006 (assent 28.9.2006; commencement 31.10.2006), and later interactions with the Landscape South Australia Act 2019. The consolidation included in the Act’s schedules is for convenience and does not form part of the Act itself.

In practice, the 2006 amending measures materially changed the Agreement’s granularity (from zone‑only limits to aquifer and sub‑zone management), updated statutory references, and added technical thresholds and procedural constraints intended to improve manageability of shared groundwater resources.

The textual source provided contains no court judgments, tribunal determinations, or litigation outcomes. The schedules and legislative history record the text of the original Agreement, the Amending Agreement and the parliamentary enactments approving them (Groundwater (Border Agreement) Act 1985 and the Groundwater (Border Agreement) (Amending Agreement) Amendment Act 2006), but do not list any cases or judicial interpretations.

What the source records that is relevant to litigation risk and justiciability:

Validity of Committee proceedings is protected against defects in appointments: Agreement cl 16 states that no act, proceeding or determination of the Committee shall be invalid on the ground only of any defect in the appointment of any member or deputy member. That is a statutory cure for procedural appointment defects and may reduce challenges on narrow procedural grounds.
The Agreement leaves enforcement and penalties to State Acts: because the Agreement (consolidated cl 25) imports the South Australian Natural Resources Management Act and Victorian Water Act, enforcement actions (including prosecutions, infringement notices, licence suspensions and civil enforcement) would be pursued under those Acts. Any litigation about alleged unauthorised extraction, breaches of permit conditions, or enforcement decisions would therefore be in the context of those statutory schemes, not the Agreement itself. Parties in disputes should expect to see litigation under the state Acts rather than under the Groundwater (Border Agreement) Act 1985.
Administrative review and constitutional issues: the Agreement provides that each Contracting Government shall provide for or secure the execution and enforcement of the Agreement “so far as its jurisdiction extends” (Agreement cl 5). Litigation that raised issues of jurisdictional overreach, incompatible local laws or conflict between state authority and interstate commitments would have to be considered against the constitutional settlement for states, but the source contains no judicial treatment of such questions.
No recorded case law or tribunal decisions are included in the Act’s text or legislative history provided. Practitioners should therefore search external legal databases for any subsequent litigation not recorded in this text if precedent or judicial interpretation is required.

Given the absence of litigation records in the source, readers should treat the Agreement’s text as untested by courts in the record provided and should investigate current case law or administrative decisions in the relevant jurisdictions when advising clients.

This instrument contains several operational and interpretive friction points that can trip up practitioners, project proponents and regulators if not anticipated. The following are concrete “gotchas” drawn from the instrument’s mechanics.

Designated Area is map‑dependent; plans are the operative boundary: The Agreement applies only within the Designated Area as delineated on deposited plans (First Schedule citing specific plan references and G.R.O. registration numbers). That means determining applicability requires checking the plans deposited at the specified registries. A property owner may be uncertain whether their land falls within the Designated Area unless counsel consults the deposited plans; the text itself does not contain coordinates or a textual boundary (Agreement First Schedule).

Permit definitions are tied to other statutes and to specific section numbers: The Agreement’s definition of “Permit” refers to particular sections of the South Australian NRM Act and the Victorian Water Act (consolidated cl 1). If those Acts are amended or renumbered, a literal reading could create interpretive difficulty. The Agreement does include an interpretation clause that a reference to an Act includes substitutions or amendments (Agreement cl 2(1)), but practitioners must still confirm which provisions of the state Acts currently provide the relevant licensing/permit mechanisms in the Designated Area.

Ministerial agreement required to alter standards: Committee recommendations to alter potentiometric lowering or salinity limits require both Ministers’ agreement to take effect (Agreement cl 28(4) / consolidated cl 28(4)). This dual political sign‑off is a potential bottleneck: technical recommendations may not be implemented until two Ministers concur, creating timing and coordination risk. The Agreement does not specify dispute resolution if Ministers disagree; it only provides that the alteration shall be deemed to have been made where both agree.

Unanimity and delegation rules can be subtle: Clause 17(5) requires concurrence of all four Committee members for the transaction of business, subject to clause 18(2). Clause 18 permits delegation by resolution to any member, and clause 18(2) allows revocation by a majority vote. The practical effect is that unanimity is the general rule; however, delegation can allow an individual member to exercise delegated powers. Delegation may change the effective decision‑making path, but the Agreement’s drafting could create confusion as to when unanimity is required and when an exercise of delegated authority suffices. Practitioners should read clauses 17 and 18 together when advising on Committee decisions or challenges to them.

Permitability tied to five‑year potentiometric trends: The Amending Agreement inserted a provision that no application for a permit shall be granted and no permit renewed, or a period of restriction declared, where potentiometric surface lowering has exceeded permissible potentiometric lowering in a particular zone/sub‑zone/aquifer over the preceding five years (Amending Agreement cl 6 inserting cl 26(2)). This retrospective five‑year lookback means that permitability can hinge on cumulative trends rather than immediate conditions; parties must ensure their technical analyses cover at least five years and that observation bore data are adequate for that window (Agreement cl 27 reporting obligations).

Entry rights and land access are broad but not expressly compensated: The Act authorises Committee members or persons authorised by the Committee to enter lands and have free access to any bore on those lands (s 10). The Act does not specify compensation for such entry or ancillary damage from monitoring works; landholders should examine the interaction with property law and potential compensation avenues under other statutes (e.g. Land Acquisition Act if acquisition occurs). Practitioners should note that while the Act allows entry, potential compensation claims may still arise in other fora.

Notification but no veto on departure from Committee recommendations: Granting authorities must notify the other State’s Minister if they grant a permit contrary to a Committee recommendation (Agreement cl 29(5)). There is no explicit veto power given to the Committee; the notification requirement is political/administrative rather than a legal block. Granting authorities retain the legal ability to grant contrary permits under their statutory powers but must comply with the Agreement’s procedural obligations and notification duty.

Numerical schedules are specific and binding in operational terms: The Second and Third Schedules set numeric permissible volumes and potentiometric rates by zone and aquifer (consolidated Schedules). These are precise administrative constraints; professionals should model extraction plans against those figures and remember sub‑division and allowable volumes can be imposed by the Committee (cl 28(7)), which will affect project feasibility.

Reporting and parliamentary tabling impose time limits: The Act requires the Minister to table annual reports before Parliament within 14 sitting days of receipt (s 13). That is a tight administrative deadline that could create political scrutiny quickly after Committee reporting. Agencies should plan reporting timetables accordingly.

Indemnity for members does not remove public law review risk: Agreement cl 19 indemnifies members for bona fide acts, reducing personal liability risk, but it does not immunise Committee decisions from administrative law review or judicial challenge where those decisions engage public law errors. The indemnity protects members from liability, not the legality of decisions.

References may be obsolete: The Act contains a note in the legislative history that references to other legislation, instruments or body titles are not automatically updated and may be obsolete. Practitioners must verify current statutory references and the operative sections in the state Acts.

Cumulatively, these points underscore the need to verify map boundaries, check current statutory cross‑references, secure adequate technical monitoring records (minimum five years where potentiometric trends matter), and anticipate procedural steps , including Committee consideration and ministerial agreement , that can affect timing and permitability.

Compliance involves three parallel tracks: (1) determine whether the property or activity is within the Designated Area and applicable zone/sub‑zone/aquifer; (2) follow the procedural and technical permit preconditions established by the Agreement and the relevant state Acts; and (3) meet reporting and data obligations required by the Committee and Ministers.

Confirm geographic applicability

Obtain and examine the relevant deposited plans referenced in the First Schedule (G.R.O. No. 370/1985 and the central plan register for Victoria) to establish whether land and bores fall within the Designated Area and, if so, in which zone(s) or sub‑zone(s) and aquifer unit(s) they lie. The Agreement’s operational rules and permit constraints only apply inside the mapped Designated Area; mapping is decisive (Agreement First Schedule).

Identify the applicable state permit regime

If in South Australia, determine which provisions of the Natural Resources Management Act 2004 apply (the Agreement identifies South Australian “permit” as licences/permits under ss 135 and 146 NRM Act per the consolidated text). If in Victoria, identify the relevant provisions of the Water Act 1989 (consolidated cl 1) that provide the Part 5 licences or s 51 licences referenced. Because the Agreement imports state regimes (consolidated cl 25), compliance requires adherence to the licensing, application, fee, monitoring, and enforcement provisions of the relevant Act.

Pre‑application technical due diligence

Before lodging a permit application, commission hydrogeological assessments that address:
- Which aquifer(s) a proposed bore will penetrate and whether it would pass through two or more aquifers (triggering the impervious seal condition under cl 26(1)(a)).
- The contribution of proposed extraction to the zone’s or aquifer’s permissible annual volume (consolidated Second Schedule) and whether extraction would exceed permissible annual volumes or allowable annual volumes in sub‑zones (cl 26(1)(b), (d); cl 28(7) regarding allowable volumes).
- Potentiometric surface levels and trends over at least the preceding five years, because permitability and the potential declaration of restriction can be triggered by exceedance of permissible potentiometric surface lowering over a five‑year period (cl 26(2)).
- Salinity metrics and projected rates of increase where relevant, noting the permissible salinity definitions (consolidated cl 1).

Engage the Review Committee process where required

If a proposed bore is inside the permissible distance from the border for the zone/sub‑zone/aquifer, the Committee must first consider the matter and determine that the application may be granted before the granting authority can proceed (cl 26(1)(c)). Applications in zones where a period of restriction is declared require Committee consideration first and a 30‑day lapse after Committee consideration (cl 29(4)).
Expect Committee review to require submission of technical reports and to involve consideration intervals; plan timelines accordingly.

Permit application steps and engagement with granting authorities

File applications under the applicable state Act with the granting authority (Minister or delegated authority identified in consolidated cl 1). Ensure applications include all information the Committee and the granting authority will require (Agreement cl 23 mandates Contracting Governments furnish information to the Committee; the reverse is to ensure applicants’ reports enable the Committee to assess the application).
If the granting authority proposes to grant a permit contrary to a Committee recommendation, be prepared for the requirement that the granting authority notify the Minister of the other Contracting Government forthwith (cl 29(5)). That notification can trigger political scrutiny and potential ministerial engagement.

Technical compliance and bore construction conditions

If the proposed bore passes through two or more aquifers, ensure an impervious seal is included as a condition of the permit and constructed and maintained as required (cl 26(1)(a)).
Where the Committee has set an allowable annual volume for a sub‑zone or aquifer, ensure extraction plans do not exceed that allowable annual volume, which must be determined by the Committee and cannot exceed the permissible annual volume for the larger zone (cl 28(7)(c)).

Monitoring, reporting and observation obligations

Maintain observation bore monitoring as required by the Committee and state Act: prepare annual data on potentiometric surface levels and salinity rates/levels per the Committee’s specifications (Agreement cl 27(1)(d)-(e) and consolidated amendments). The Contracting Governments must cause such reports to be prepared; regulated entities should align monitoring systems to the Committee’s reporting schedule to support applications and to avoid non‑compliance risk.
Be aware that the Minister must lay copies of annual reports before Parliament within 14 sitting days of receipt (Act s 13); transparency in submitted reports may lead to rapid public scrutiny.

Manage land access requests and acquisition risk

If the Committee or an authorised person needs entry to install or access observation bores, be aware the Act authorises such entry (s 10). If the Minister seeks land for Agreement purposes, the Minister may acquire land under the Land Acquisition Act 1969 (s 11); affected parties should follow the Land Acquisition Act processes and claims for compensation.

Administrative and governance compliance

If participating as a Committee member or agency officer, observe appointment, tenure and remuneration rules (Act ss 6-7), maintain accurate minutes (Agreement cl 17(7)) and ensure delegations are recorded and revocations follow the Agreement process (cl 18).
For ministerial officers: when acting on Committee recommendations, ensure any proposed alteration to permissible standards is only recorded as effective when the Minister of each Contracting Government agrees (cl 28(4) / consolidated cl 28(4)).

Recordkeeping and dispute preparedness

Keep detailed technical records of observation bore data, extraction volumes authorised and actually taken, salinity measurements and maintenance records for seals between aquifers. These records are necessary both for routine reporting and for defending against enforcement actions under the state Acts that apply.
Anticipate that decisions could attract administrative review or political challenge even though the Agreement contains provisions to validate Committee acts notwithstanding appointment defects (cl 16); maintain procedural regularity in appointments and delegations to reduce judicial review risk.

Check current statute references and plan registrations

The Agreement’s definitions and cross‑references were updated by the Amending Agreement and by later legislation (e.g. the Landscape South Australia Act 2019). The Act’s legislative history warns references may be obsolete. Confirm current section numbers and operative statutes in both States before relying on a specific cross‑reference from the consolidated text.

In short, compliance requires (a) precise geographical identification against the deposited plans; (b) early engagement with hydrogeological assessment to test permitability against permissible/allowable volumes and potentiometric/salinity criteria; (c) procedural engagement with the Review Committee where required; (d) permitting under the relevant state Act; (e) comprehensive monitoring and reporting capable of meeting Committee and Ministerial requirements; and (f) readiness to respond to notification or political scrutiny where a granting authority departs from Committee recommendations.

Groundwater (Border Agreement) Act 1985

Plain English Summary

Deep Dive

What it does

Current sections

Groundwater (Border Agreement) Act 1985

Source text: opening excerpt

1 Groundwater (Border Agreement) Act 1985

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply