Lake Eyre Basin Intergovernmental Agreement Act 2009 (Northern Territory)

This Northern Territory Act does three narrow, mechanical things. First, it approves and ratifies the Lake Eyre Basin Intergovernmental Agreement (the Agreement) as set out in the Act’s Schedule (s 4). Second, it defines the Agreement for the Territory’s purposes to include the original interstate Agreement (21 October 2000) and the two subsequent amending deeds (10 June 2004 and 23 January 2007) (s 3). Third, it authorises and requires the Territory’s Minister and Territory agencies and instrumentalities to do anything reasonably necessary to ensure the performance and observance of the Agreement (s 5). The Act itself is short (ss 1-5) and the substantive content of the governance arrangements sits in the Agreement text reproduced as the Schedule.

The Agreement in the Schedule establishes an intergovernmental institutional framework for management of water and related natural resources in the Lake Eyre Basin Agreement Area. The Agreement sets out: the geographic scope and defined river systems (cl 1.1); an object and set of objectives to avoid or eliminate adverse cross-border impacts and to promote sustainable management (Part II, cll 2.1-2.2); guiding Principles to inform decision-making (Part III, cl 3.1); roles and responsibilities of the Commonwealth and the States (Part IV, cll 4.1-4.11); a Ministerial Forum as the decision-making body with specified procedures and representation arrangements (Part V, cll 5.1-5.13); provision for community advice and the creation or appointment of advisory committees (cll 5.9-5.13); requirements for scientific and technical advice (Part VII, cll 7.1-7.2); an obligation to develop/adopt Policies and Strategies and to be able to adopt State management plans (Part VIII, cll 8.1-8.4); review timetables (Part X, cll 10.1-10.4); and funding and accountability principles subject to appropriations and cost‑sharing (Part XI, cll 11.1-11.3). The two amending deeds in the Schedule expand parties and the Agreement Area, and Schedule 2 (the 2004 deed) contains specific terms for the Northern Territory’s accession including a defined annual financial contribution (Annexure B to Schedule 2).

NORTHERN TERRITORY OF AUSTRALIA LAKE EYRE BASIN INTERGOVERNMENTAL AGREEMENT ACT 2009 As in force at 9 September 2009 Table of provisions 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 4 Approval and ratification of agreement ............................................ 1 5 Facilitation of agreement ................................................................. 2 Schedule Agreement ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 9 September 2009

LAKE EYRE BASIN INTERGOVERNMENTAL AGREEMENT ACT 2009 An Act to approve, ratify and facilitate the Lake Eyre Basin Intergovernmental Agreement 1 Short title This Act may be cited as the Lake Eyre Basin Intergovernmental Agreement Act 2009. 2 Commencement This Act commences on the date fixed by the Administrator by Gazette notice. 3 Definitions In this Act: agreement means the Lake Eyre Basin Intergovernmental Agreement as set out in the Schedule, comprising the original agreement, first amending deed and second amending deed. first amending deed means the deed dated 10 June 2004 between the Commonwealth, the State of Queensland, the State of South Australia and the Territory, which forms schedule 2 to the agreement. original agreement means the Lake Eyre Basin Intergovernmental Agreement dated 21 October 2000 between the Commonwealth, the State of Queensland and the State of South Australia. second amending deed means the deed dated 23 January 2007 between the Commonwealth, the State of Queensland, the State of South Australia and the Territory, which forms schedule 3 to the agreement. 4 Approval and ratification of agreement The agreement is approved and ratified.

Lake Eyre Basin Intergovernmental Agreement Act 2009 2 5 Facilitation of agreement The Minister and Agencies and instrumentalities of the Territory are authorised and required to do anything reasonably necessary to ensure the performance and observance of the agreement.

Schedule Agreement Lake Eyre Basin Intergovernmental Agreement Act 2009 3 Schedule Agreement section 3 LAKE EYRE BASIN INTERGOVERNMENTAL AGREEMENT AN AGREEMENT MADE THE 21ST DAY OF OCTOBER 2000 BETWEEN: THE COMMONWEALTH OF AUSTRALIA AND THE STATE OF QUEENSLAND AND THE STATE OF SOUTH AUSTRALIA RECITALS: A. The Lake Eyre Basin has within its boundaries areas of national and international ecological and environmental significance, areas of high economic worth from activities such as pastoralism, tourism, oil and gas extraction and mining, and areas of social, cultural and heritage value, the sustainability of much of which depends upon the continued health of the Thomson/Barcoo/Cooper, Georgina and Diamantina river systems within Queensland and South Australia (as defined in the Australian National Map Drainage Divisions and Basins and including their catchments, flood plains, lakes, wetlands and overflow channels). B. Management of the Lake Eyre Basin which will best serve the object of sustainability requires a joint cooperative approach between the States of Queensland and South Australia and the Commonwealth. C. The Parties to this Agreement entered into a Heads of Agreement dated 26 May 1997 whereby it was agreed that the above approach should be embodied in a formal interstate Agreement ratified by the Parliaments of each State. D. This Agreement is entered into by the Parties in accordance with the Lake Eyre Basin Heads of Agreement, and is to provide for the establishment of arrangements for the management of water and related natural resources for that portion of the Lake Eyre Basin identified as the Lake Eyre Basin Agreement Area in Clause 1.1, including the development or adoption, and implementation of agreed Policies and Strategies for the avoidance of adverse cross-border impacts and the creation of a relevant institutional structure.

Schedule Agreement Lake Eyre Basin Intergovernmental Agreement Act 2009 4 E. This Agreement is also entered into in recognition of the provisions of the Intergovernmental Agreement on the Environment dated 1 May 1992 between the Commonwealth, all States and Territories, and the Australian Local Government Association, that States use their best endeavours to establish appropriate mechanisms for ensuring cooperative management where significant adverse external effects on another State are expected and identified, and that the role of government is to establish the policy, legislative and administrative framework to determine the permissibility of land use, resource use or development proposals having regard to the appropriate, efficient and ecologically sustainable use of natural resources, and to provide for the consideration of regional implications where proposals for the use of a resource affect several jurisdictions. F. The provisions of this Agreement are consistent with the Council of Australian Governments' National Water Reform Framework and the Natural Heritage Trust Partnership Agreements. THE PARTIES AGREE AS FOLLOWS: Part I – Application and Interpretation Application 1.1 This Agreement applies to that area of the Lake Eyre Basin (the Agreement Area) encompassing portions of Queensland and South Australia, as depicted in Schedule 1 of this Agreement, including within that area the following river systems and associated catchments, floodplains, overflow channels, lakes, wetlands and sub-artesian waters dependent on surface flows: (a) the Cooper Creek system including the Thomson and Barcoo Rivers, and associated tributaries; and (b) the Diamantina River system, including the Georgina River, and including Warburton Creek in South Australia, and associated tributaries. Definitions 1.2 In this Agreement save where inconsistent with the context: Ecosystem means a community of organisms, interacting with one another, and the natural resources comprising the environment in which those organisms live and with which they also interact. Lake Eyre Basin Agreement Area means the area referred to in clause 1.1 to which the Agreement applies. Management Plan means a plan or other document of a State that has been adopted by the Ministerial Forum. Ministerial Forum means the group of Ministers of the Crown in right of the Commonwealth and the State parties constituted under Part V.

Schedule Agreement Lake Eyre Basin Intergovernmental Agreement Act 2009 5 Natural resources means water, soil, the atmosphere, plants, animals and micro-organisms that maintain and form components of ecosystems. Principles means the guiding principles referred to in Part III. Policy means a document setting out a course or line of action developed or adopted and pursued by the Ministerial Forum for the purpose of implementing this Agreement. Related natural resources means natural resources the use or management of which affects or might affect, or is or might be affected by the quantity or quality of water in the water systems described in clause 1.1 of this Agreement, or the ecosystems of which such water is a component part. Strategy means a document setting out a course or line of action developed or adopted and pursued by the Ministerial Forum for the purpose of implementing a Policy. Interpretation 1.3 In this Agreement, unless the context otherwise requires: (a) a reference to any law or legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any subordinate legislation issued under, that legislation or legislative provision; (b) a reference to a Recital, Clause or Schedule is to a recital, clause or schedule in this Agreement; (c) a reference to a person includes a corporation, partnership, joint venture, association, authority, trust, state or government; (d) the singular includes the plural and vice versa (e) a reference to any gender includes the other gender; (f) a reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions) as amended, novated, supplemented or replaced from time to time; and (g) a reference to "amendment" includes addition, alteration, deletion, extension, modification and variation. 1.4 In this Agreement, headings are for convenience of reference only and do not affect interpretation.

Schedule Agreement Lake Eyre Basin Intergovernmental Agreement Act 2009 6 1.5 In the interpretation of a provision of this Agreement, a construction that would promote the purpose or object underlying the Agreement (whether or not that purpose or object is expressly stated in the Agreement) will be preferred to a construction that would not promote that purpose or object. 1.6 Questions of interpretation of this Agreement are to be raised in the Ministerial Forum. Part II – Purpose and Objectives Purpose 2.1 The purpose of this Agreement is to provide for the development or adoption, and implementation of Policies and Strategies concerning water and related natural resources in the Lake Eyre Basin Agreement Area to avoid or eliminate so far as reasonably practicable adverse cross-border impacts. Objectives 2.2 The objectives of this Agreement are: (a) to provide a means for the Parties to come together in good faith to achieve the purposes of the Agreement; (b) to define a process and context for raising and addressing water and related natural resource management issues in the Lake Eyre Basin Agreement Area that have cross-border impacts, particularly those related to water quantity and quality, and flow regimes; (c) to establish institutional arrangements for the development or adoption of Policies and Strategies and for the adoption of any relevant management plans established by a State; (d) to provide for each of the Parties, so far as they are able within their respective jurisdictions, to progress the implementation of Policies and Strategies developed or adopted under this Agreement and to make management decisions and allocate resources accordingly; (e) to provide a mechanism to review Policies and Strategies; (f) to provide for the Parties to jointly promote and support the management of water and related natural resources through a cooperative approach between community, industry and other stakeholders, and all levels of government in the sustainable management of the Lake Eyre Basin Agreement Area; (g) to encourage, promote and support water and related resource management practices which are compatible with the spirit and intent of the Agreement; (h) to encourage and promote research and monitoring to improve understanding and support informed decision making in the Lake Eyre Basin Agreement Area;

Schedule Agreement Lake Eyre Basin Intergovernmental Agreement Act 2009 7 (i) to provide for the review and, if necessary, revision of the Agreement from time to time; and (j) to raise general public awareness of the special biodiversity and heritage values of the Lake Eyre Basin Agreement Area. Part III – Guiding Principles 3.1 Consideration of all issues and the making of all decisions under this Agreement will be guided by the following Principles, namely that it be acknowledged: (a) that the Lake Eyre Basin Agreement Area has important social, environmental, economic and cultural values which need to be conserved and promoted; (b) that there are landscapes and watercourses in the Lake Eyre Basin Agreement Area that are valuable for aesthetic, wilderness, cultural and tourism purposes; (c) that naturally variable flow regimes and the maintenance of water quality are fundamental to the health of the aquatic ecosystems in the Lake Eyre Basin Agreement Area; (d) that the water requirements for ecological processes, biodiversity and ecologically significant areas within the Lake Eyre Basin Agreement Area should be maintained, especially by means of flow variability and seasonality; (e) that flooding throughout the catchments within the Lake Eyre Basin Agreement Area is beneficial in that it makes a significant contribution to pastoral activities as well as flood plain ecosystem processes; (f) that the storage and use of water both within and away from watercourses, and the storage and use of water from associated ground water, are all linked and should be considered together, and that water resources throughout catchments within the Lake Eyre Basin Agreement Area should be managed on an integrated basis; (g) that precautionary approaches need to be taken so as to minimise the impact on known environmental attributes, and reduce the possibility of affecting poorly understood ecological functions; (h) that natural resource management decisions need to be made within the context of the National Strategy for Ecologically Sustainable Development and relevant national and international obligations; (i) that the collective local knowledge and experience of the Lake Eyre Basin Agreement Area communities are of significant value; and

Schedule Agreement Lake Eyre Basin Intergovernmental Agreement Act 2009 8 (j) that decisions need to be based on the best available scientific and technical information together with the collective local knowledge and experience of communities within the Lake Eyre Basin Agreement Area. Part IV – Roles of the Parties Responsibilities and Interests of all Parties 4.1 The following will guide the Parties in defining the roles, responsibilities and interests of the Parties in relation to the achievement of the objectives of this Agreement. Responsibilities and Interests of the Commonwealth 4.2 The responsibilities and interests of the Commonwealth in safeguarding and accommodating matters of national interest include ensuring that the policies or practices of a State that affect or might affect the water and related natural resources to which this Agreement applies, do not result in significant adverse external effects in relation to another State. 4.3 When considering its responsibilities and interests under Clause 4.2 the Commonwealth will have regard to the role of the States in dealing with significant adverse external effects in accordance with the requirements of the Intergovernmental Agreement on the Environment, and any action taken pursuant to that Agreement. 4.4 The Commonwealth will monitor the activities of the States in the Lake Eyre Basin Agreement Area to ensure Australia meets its international obligations in accordance with the Intergovernmental Agreement on the Environment. 4.5 The Commonwealth has responsibility for the management (including operational policy) of natural resources on land which the Commonwealth owns or which it occupies for its own use. 4.6 The Commonwealth will ensure that matters of national interest relating to environmental protection, sustainable agriculture and water and related natural resources management in the Lake Eyre Basin Agreement Area are appropriately addressed in consultation with the States. 4.7 The Commonwealth will consult with the States as required by the Intergovernmental Agreement on the Environment prior to entry into any international agreement which may directly impact on the Lake Eyre Basin Agreement Area. Responsibilities and Interests of the States 4.8 Each State will continue to have responsibility for the development and implementation of policy in relation to matters concerning the Lake Eyre Basin Agreement Area which have no significant effects on the water and related natural resources of the Lake Eyre Basin Agreement Area.

Schedule Agreement Lake Eyre Basin Intergovernmental Agreement Act 2009 9 4.9 Each State will continue to have responsibility for its policy formulation and the administration of its legislation relevant to water and related natural resource management within the Lake Eyre Basin Agreement Area, but in so doing will, to the fullest extent that it is able, comply with this Agreement and any applicable Policies and Strategies developed or adopted under it. Further, to the extent that may be necessary, each State will use its best endeavours to secure the passage through its respective Parliament of legislation for the purpose of conforming with and implementing this Agreement and any such Policies and Strategies. 4.10 Each State will assist in the encouragement and promotion of research and monitoring to facilitate informed decision making for the Lake Eyre Basin Agreement Area, and the sharing of access to the results of such research and monitoring so far as either State may control such access. 4.11 Each State will consult with and involve Local Government (where relevant) in the implementation of this Agreement and the Policies and Strategies developed or adopted under it to the extent that State statutes and administrative arrangements authorise or delegate relevant responsibilities to Local Government, and in a manner which reflects the concept of partnership between the Commonwealth, State and Local Governments. Part V – Institutional Structure Constitution of the Ministerial Forum 5.1 The Ministerial Forum is constituted. 5.2 The Ministerial Forum will consist of one Minister from each State and one Minister of the Commonwealth. Each Party will appoint its Minister from time to time, by notice in writing to each other Party. 5.3 Whenever a member of the Ministerial Forum is: (a) unable for any reason to attend a meeting of the Ministerial Forum; or (b) otherwise unable to perform the duties of a member of the Ministerial Forum, another Minister of that State or the Commonwealth will be appointed to act in the place of that member, and while so acting that other Minister will have all the responsibilities and perform all the duties of that member. Procedures of the Ministerial Forum 5.4 The Ministerial Forum will meet at least once in each year but otherwise at such times as it sees fit and will, subject to this Agreement, determine its own procedure. 5.5 A resolution before the Ministerial Forum will be carried only by a unanimous vote. 5.6 The Commonwealth Minister will act as the chair of the Ministerial Forum. 5.7 A permanent record of all resolutions of the Ministerial Forum will be kept.

Schedule Agreement Lake Eyre Basin Intergovernmental Agreement Act 2009 10 Functions of the Ministerial Forum 5.8 The Ministerial Forum will be responsible for the implementation of this Agreement. Community Advice and Representation 5.9 The Ministerial Forum will ensure that it has satisfactory access to community advice in relation to matters relevant to this Agreement. 5.10 For that purpose the Ministerial Forum may either: 5.10.1 adopt one or more independently formed groups, committees or bodies to provide community advice representation and feedback; or 5.10.2 appoint the members of a committee to perform that function. 5.11 Whichever means of access to community advice the Ministerial Forum selects the following will apply: 5.11.1 There will be appropriate representation of: (a) Aboriginal interests; (b) pastoral interests; (c) agricultural interests; (d) mining and petroleum interests; (e) conservation interests; (f) tourism interests; (g) matters and interests affecting the Cooper Creek River system as referred to in clause 1.1 of this Agreement; and (h) matters and interests affecting the Diamantina River system as referred to in clause 1.1 of this Agreement; and 5.11.2 The following roles will be satisfactorily performed: (a) representation of the various interests referred to in sub-clause 5.11.1; (b) the seeking out of community views relevant to matters covered by this Agreement and the communication of those views to the Ministerial Forum; (c) the communication of decisions and initiatives of the Ministerial Forum to the various communities; and (d) the performance of such other functions relevant to this Agreement as the Ministerial Forum may require.

Schedule Agreement Lake Eyre Basin Intergovernmental Agreement Act 2009 11 5.12 This clause will apply if the Ministerial Forum chooses to adopt one or more independently formed groups, committees or bodies to provide advice representation and feedback. (a) Subject to the availability of funds under Part XI of this Agreement, the independently formed groups committees and bodies will receive such allowances and expenses as the Ministerial Forum may from time to time determine, such payments to be disbursed or divided amongst individual members in such manner as those groups committees or bodies may themselves decide. (b) The Ministerial Forum may at any time determine that any one or more or all of the adopted groups committees or bodies will cease to be its provider of community advice, representation and feedback provided however that the Ministerial Forum will within a reasonable time (and in any event before any relevant significant decisions are made) replace that source of community advice in accordance with this Agreement. 5.13 This clause will apply if the Ministerial Forum chooses to appoint a committee to provide community advice, representation and feedback. (a) Each member will be appointed by the Ministerial Forum. (b) In appointing members to represent Aboriginal interests the Ministerial Forum will have regard, as a fundamental element of its decisions, to such recommendations as the Aboriginal communities of the Lake Eyre Basin Agreement Area may choose to make. (c) The Ministerial Forum may appoint members of the committee from time to time to fill vacancies. (d) The Ministerial Forum may at any time appoint to the committee such additional members as it thinks fit. (e) The appointment of members of the committee will be for a period of three years from the date of each appointment provided however that members will be eligible for re-appointment for such terms from time to time as the Ministerial Forum thinks appropriate. (f) Subject to the availability of funds under Part XI of this Agreement, a member of the committee will receive such allowances and expenses as the Ministerial Forum may from time to time determine. (g) The Ministerial Forum may at any time terminate the appointment of individual members or disband the committee: (i) if of the opinion that the member or members or the committee is or are no longer substantially representing the interests or matters in respect of which the member or members or the committee as the case may be was or were appointed; or

Schedule Agreement Lake Eyre Basin Intergovernmental Agreement Act 2009 12 (ii) for such reason as the Ministerial Forum considers appropriate, provided however that the Ministerial Forum will within a reasonable time (and in any event before any relevant significant decisions are made) appoint or re-appoint members of the committee in accordance with this Agreement, or, if the whole committee has been disbanded, replace that source of community advice in accordance with this Agreement. (h) The Ministerial Forum may appoint to the committee the individual members of a group, committee or body independently formed. To the extent that may be necessary to satisfy the requirements of this Agreement, the Ministerial Forum will appoint additional members. Part VI – Conference 6.1 The Ministerial Forum may from time to time arrange a conference to be attended by the members of the Ministerial Forum, members of committees appointed or adopted under this Agreement and of other interested groups, interested individuals, scientific and technical advisers and senior government officers. 6.2 There will be a conference at least once before the second anniversary of the effective date of this Agreement and thereafter on at least a biennial basis. 6.3 The purpose of such conferences will be to exchange information and views on issues relevant to the operation of this Agreement. Part VII – Scientific and Technical Advice 7.1 The Ministerial Forum may seek scientific and technical advice relevant to this Agreement from such persons or bodies as it thinks appropriate. In particular, the Ministerial Forum may obtain scientific and/or technical advice in relation to the identification of requirements for the effective monitoring of the condition of the rivers and catchments within the Lake Eyre Basin Agreement Area and the establishment of programs to meet those requirements. 7.2 The Ministerial Forum may if it thinks appropriate, establish a panel of scientists and technicians for the purpose of providing advice to the Ministerial Forum relevant to this Agreement. Part VIII – Policies and Strategies 8.1 The Ministerial Forum will, without unnecessary delay, develop or adopt Policies and Strategies for the management of the Lake Eyre Basin Agreement Area in accordance with the purpose, objectives and Principles set out in this Agreement. 8.2 The Ministerial Forum may vary or revoke such Policies and Strategies, and may make supplementary Policies and Strategies.

Schedule Agreement Lake Eyre Basin Intergovernmental Agreement Act 2009 13 8.3 The Ministerial Forum may adopt management plans prepared by the States if those plans are consistent with this Agreement and with the Policies developed or adopted by the Ministerial Forum for the management of the Lake Eyre Basin Agreement Area, and once adopted, such management plans prepared by the States will be treated as plans of the Ministerial Forum under this Agreement. Content of Policies and Strategies 8.4 The Policies and Strategies will make provision for such matters as the Ministerial Forum thinks fit, including but not limited to: (a) objectives for water quality and river flows; (b) objectives for water and related natural resource management in the Lake Eyre Basin Agreement Area for the achievement of the water quality and river flow objectives; (c) catchment management policies and strategies for the achievement, as far as practicable, of the water quality and river flow objectives; (d) policies for dealing with relevant existing entitlements under State laws and significant water related developments; and (e) research and monitoring requirements and programs to meet those requirements. Part IX – Ratification and Effective Date 9.1 This Agreement, other than Part IX, is subject to approval and ratification by the Parliaments of South Australia and Queensland and will come into effect when so approved and ratified by the Parliaments of both States. 9.2 Any amendment of this Agreement, including the addition or amendment of a Schedule approved by the Ministerial Forum under clause 10 or 12, is subject to approval and ratification by the Parliaments of South Australia and Queensland and will come into effect when so approved and ratified. 9.3 Each State will take all practical steps to seek the enactment of legislation: (a) approving and ratifying this Agreement, and any amendment to this Agreement which may be approved by the Ministerial Forum from time to time, on behalf of the State; and (b) authorising and requiring the performance and observance of this Agreement by the Government of the State. Part X – Review and Amendment Review 10.1 The Ministerial Forum must cause a review of: (a) the operation of this Agreement; and

Schedule Agreement Lake Eyre Basin Intergovernmental Agreement Act 2009 14 (b) the extent to which the objectives set out in Clause 2.2 of this Agreement have been achieved, to be undertaken without unnecessary delay after the fifth anniversary of the effective date of this Agreement, and thereafter on a ten yearly basis. 10.2 A report of each review required under clause 10.1 is to be tabled in the Parliament of each State and presented to the Commonwealth Minister within 12 months after completion of it. 10.3 The Ministerial Forum must cause a review of all Policies and Strategies to be undertaken without unnecessary delay after the fifth anniversary of the development or adoption of them, and thereafter as necessary but in any event not less frequently than every ten years. 10.4 The Ministerial Forum must cause a review of the condition of all watercourses and catchments within the Lake Eyre Basin Agreement Area to be undertaken without unnecessary delay after the effective date of this Agreement, and thereafter on a ten yearly basis. Amendment 10.5 The Ministerial Forum may approve such amendments to this Agreement, including amendments to or addition of schedules to this Agreement, as the Ministerial Forum considers desirable from time to time. Part XI – Funding and Accountability Arrangements 11.1 Subject to the availability of respective appropriations, the Commonwealth and the States will make available all necessary financial and other resources for the establishment and operation of the Ministerial Forum and associated institutional arrangements. 11.2 The Commonwealth and the States will determine and agree appropriate cost-sharing arrangements which reflect their respective roles and responsibilities under this Agreement. 11.3 Any group committee or body appointed or adopted under Part V and which receives funding under this Agreement will produce to the Ministerial Forum in respect of each financial year a full account of its application of all funds received by it together with a report of its activities towards which such funding has been applied. Part XII – Further Parties Accession by New Parties 12.1 The State of New South Wales and the Northern Territory may become parties to this Agreement: (a) with the consent of the existing Parties; and (b) on such terms and conditions as may be prescribed by the existing Parties in a Schedule to this Agreement.

Schedule Agreement Lake Eyre Basin Intergovernmental Agreement Act 2009 15 12.2 The Ministerial Forum may approve any Schedule prepared pursuant to Clause 12.1(b). 12.3 This Agreement will not apply to the State of New South Wales or the Northern Territory until: (a) a copy of the Agreement incorporating the Schedule provided for in Paragraph 12.1(b) has been signed on behalf of that State or Territory and the Parliament of that State or Territory has approved this Agreement, including the Schedule; and (b) the Schedule has been approved and ratified by the States under Part IX. 12.4 Each State will take the steps referred to in Part IX for the approval and ratification of any schedule approved by the Ministerial Forum under this clause. Part XIII – General Counterparts 13. This Agreement may be executed in any number of counterparts and all of those counterparts taken together constitute one and the same instrument. [Signed on 13 October 2000 in the presence of a witness by the Minister for the Environment and Heritage of the Commonwealth. Signed on 21 October 2000 in the presence of a witness by the Minister for Environment and Heritage and Natural Resources of the State of Queensland. The common seal of the Minister for Water Resources of the State of South Australia affixed and signed by the Minister in the presence of a witness on 21 October 2000.]

Schedule Agreement Lake Eyre Basin Intergovernmental Agreement Act 2009 16 Schedule 1: THE LAKE EYRE BASIN AGREEMENT AREA

Schedule Agreement Lake Eyre Basin Intergovernmental Agreement Act 2009 17 Schedule 2 DEED dated the Tenth day of June 2004. BETWEEN: THE COMMONWEALTH OF AUSTRALIA ("the Commonwealth") AND THE STATE OF QUEENSLAND ("Queensland") AND THE STATE OF SOUTH AUSTRALIA ("South Australia") AND THE NORTHERN TERRITORY OF AUSTRALIA ("the Northern Territory") BACKGROUND

On the 21st day of October 2000, the Commonwealth, Queensland and South Australia (“the Original Parties”) entered into the LAKE EYRE BASIN INTERGOVERNMENTAL AGREEMENT (“the Original Agreement”) to provide for the establishment of arrangements for the management of water and related natural resources for that portion of the Lake Eyre Basin as identified in Clause 1.1 of the Agreement.
The Northern Territory wishes to become a party to the Original Agreement.
The Original Parties: (a) have agreed to admit the Northern Territory as a party to the Original Agreement; and (b) wish to amend certain provisions of the Original Agreement as set out in this Deed. OPERATIVE PART:
MEANING OF WORDS (a) "Effective Date" means, pursuant to clause 12 of the Original Agreement, the date on which this Deed is approved and ratified by the Parliaments of Queensland, South Australia and the Northern Territory. (b) All other capitalised terms in this Deed have the meaning given to them in the Original Agreement.

Schedule Agreement Lake Eyre Basin Intergovernmental Agreement Act 2009 18 2. CHANGES TO PARTIES On and from the Effective Date the Northern Territory: (a) becomes a Party to the Original Agreement; and (b) is bound by the terms of the Original Agreement in all respects as if the Northern Territory had been named as a Party to the Original Agreement. 3. AMENDMENTS TO THE AGREEMENT The Original Agreement is varied in the following manner: (a) by removing clause 1.1 and replacing it with the following clause: “1.1 This Agreement applies to that area of the Lake Eyre Basin (the Agreement Area) encompassing portions of Queensland, South Australia and the Northern Territory of Australia, as depicted in Schedule 1 of this Agreement, including within that area the following river systems and associated catchments, floodplains, overflow channels, lakes, wetlands and sub- artesian waters dependent on surface flows of: a. the Cooper Creek system and associated tributaries in Queensland and South Australia; b. the Diamantina River system and associated tributaries in Queensland and South Australia; c. the Georgina River system and associated tributaries in Queensland, South Australia and the Northern Territory; d. the Hay River system and associated tributaries in Queensland and the Northern Territory; and e. the Finke River and Todd River systems and associated tributaries in the Northern Territory. (b) by adding the following sub-clause (h) to clause 1.3: “a reference to a “State” includes the Northern Territory.” (c) by removing sub-clause 9.2 and replacing it with the following sub- clause: “9.2 Any amendment of this Agreement, including the addition or amendment of a Schedule approved by the Ministerial Forum under clause 10 or 12, is subject to approval and ratification by the Parliaments of Queensland, South Australia and the Northern Territory and will come into effect when so approved and ratified.”

Schedule Agreement Lake Eyre Basin Intergovernmental Agreement Act 2009 19 (d) by replacing the map in Schedule 1 of the Original Agreement with the map at Annexure A to this Deed. (e) by this Deed becoming a schedule to the Original Agreement being “Schedule 2”. 4. TERMS AND CONDITIONS For the purpose of clause 12.1 of the Original Agreement, the terms and conditions prescribed by the Original Parties are as set out in Annexure B to this Deed. 5. GENERAL (a) Each party must: (a) use its best efforts to do all things necessary or desirable to give full effect to this Deed; and (b) refrain from doing anything that might hinder performance of this Deed. (b) This Deed may be signed in any number of counterparts. (c) Except as varied above the Original Agreement remains in full force and effect. [Signed, sealed and delivered on 10 June 2004 in the presence of a witness by the Minister for the Environment and Heritage of the Commonwealth. Signed, sealed and delivered on 10 June 2004 in the presence of a witness by the Minister for Natural Resources Mines and Energy of the State of Queensland. Signed, sealed and delivered on 10 June 2004 in the presence of a witness for and on behalf of the Northern Territory of Australia by the Minister for Central Australia. The common seal of the Minister for Environment and Conservation of the State of South Australia affixed and signed by the Minister in the presence of a witness on 10 June 2004.]

Schedule Agreement Lake Eyre Basin Intergovernmental Agreement Act 2009 20 Annexure A Annexure A: THE LAKE EYRE BASIN AGREEMENT AREA

Schedule Agreement Lake Eyre Basin Intergovernmental Agreement Act 2009 21 Annexure B Terms The Northern Territory will join the Original Agreement on the following terms agreed by and with the Original Parties: a) the Northern Territory will contribute financial and other resources of $50,000 per annum towards the Ministerial Forum Budget, at least $10,000 of which will provided as a cash contribution; b) the cash component of the Northern Territory contribution will be managed in accordance with existing financial arrangements agreed by parties, but will be targeted to travel and other costs involved in supporting Northern Territory participation in the Community Advisory Committee to the Ministerial Forum; c) the remainder of the Northern Territory contribution will be drawn from natural resource management, environmental or other program activities within the Agreement Area that support the objectives of the Lake Eyre Basin Inter- governmental Agreement (but excluding any activities funded jointly through existing Commonwealth – Territory agreements).

Schedule Agreement Lake Eyre Basin Intergovernmental Agreement Act 2009 22 Schedule 3 DEED dated the 23rd day of January 2007 BETWEEN: THE COMMONWEALTH OF AUSTRALIA ("the Commonwealth") AND THE STATE OF QUEENSLAND ("Queensland") AND THE STATE OF SOUTH AUSTRALIA ("South Australia") and THE NORTHERN TERRITORY OF AUSTRALIA ("the Northern Territory") BACKGROUND: A. On the 21st day of October 2000, the Commonwealth, Queensland and South Australia (“the Original Parties”) entered into the LAKE EYRE BASIN INTERGOVERNMENTAL AGREEMENT (“the Original Agreement”) to provide for the establishment of arrangements for the management of water and related natural resources for that portion of the Lake Eyre Basin as identified in clause 1.1 of the Original Agreement. B. On the 10th day of June 2004, the Original Parties and the Northern Territory executed a Deed to admit the Northern Territory as a party to the Original Agreement and to make certain other amendments to the Original Agreement. C. The Parties now wish to extend the boundaries of the area covered under the Original Agreement as set out in this Deed. OPERATIVE PART:

DEFINITIONS AND INTERPRETATION 1.1 “Effective Date” means, pursuant to clause 9.2 of the Original Agreement, the date on which this Deed is approved and ratified by the Parliaments of Queensland, South Australia and the Northern Territory. 1.2 All other capitalised terms used in this Deed have the meaning given to them in the Original Agreement.
EFFECTIVE DATE On and from the Effective Date, the parties become bound by the terms of this Deed.

Schedule Agreement Lake Eyre Basin Intergovernmental Agreement Act 2009 23 3. AMENDMENTS TO THE AGREEMENT The Original Agreement is varied in the following manner: 3.1 By removing clause 1.1 and replacing it with the following clause: 3.2 “1.1 This Agreement applies to that area of the Lake Eyre Basin (the Agreement Area) encompassing portions of Queensland, South Australia and the Northern Territory of Australia as depicted in Schedule 1 to this Agreement, including within that area the following river systems, associated catchments, floodplains, overflow channels, lakes, wetlands and sub-artesian waters dependent on surface flows of: 3.2.1 the Cooper Creek system and associated tributaries in Queensland and South Australia; 3.2.2 the Diamantina River system and associated tributaries in Queensland and South Australia; 3.2.3 the Georgina river system and associated tributaries in Queensland, South Australia and the Northern Territory; 3.2.4 the Hay river system and associated tributaries in Queensland, South Australia and the Northern Territory; 3.2.5 the Finke River systems and associated tributaries in South Australia and Northern Territory including the Finke, Hamilton, Alberga and Macumba River systems, 3.2.6 Witjira National Park, Simpson Desert Conservation Park and Simpson Desert Regional Reserve in South Australia; 3.2.7 the Todd River systems and associated tributaries Northern Territory; and 3.2.8 the Neales river systems and associated tributaries including Arkaringa, Lora and Peake Creeks in South Australia 3.2.9 the Douglas Creek river system and including Umbum and Sunny Creeks 3.3 by replacing the map in Schedule 1 to the Original Agreement with the map at Annexure A to this Deed, 3.4 by this Deed becoming a schedule to the Original Agreement being “Schedule 3”. 4. GENERAL 4.1 Each party must: 4.1.1 use its best efforts to do all things necessary or desirable to give full effect to this Deed; and

Schedule Agreement Lake Eyre Basin Intergovernmental Agreement Act 2009 24 4.1.2 refrain from doing anything that might hinder performance of this Deed. 4.2 This Deed may be signed in any number of counterparts. 4.3 Except as varied above the Original Agreement remains in full force and effect. [Signed, sealed and delivered in the presence of a witness by the Minister for the Environment and Heritage of the Commonwealth. Signed, sealed and delivered in the presence of a witness by the Minister for Natural Resources and Water of the State of Queensland. The common seal of the Minister for Environment and Conservation of the State of South Australia affixed and signed by the Minister in the presence of a witness. Signed, sealed and delivered in the presence of a witness for and on behalf of the Northern Territory of Australia by the Minister for Natural Resources, Environment and Heritage.]

Schedule Agreement Lake Eyre Basin Intergovernmental Agreement Act 2009 25

ENDNOTES Lake Eyre Basin Intergovernmental Agreement Act 2009 26 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Lake Eyre Basin Intergovernmental Agreement Act 2009 (Act No. 13, 2009) Assent date 26 May 2009 Commenced 9 September 2009 (Gaz G36, 9 September 2009, p 3)

1 Lake Eyre Basin Intergovernmental Agreement Act 2009

NORTHERN TERRITORY OF AUSTRALIA

As in force at 9 September 2009

The Agreement in the Schedule organises management of Lake Eyre Basin water and related natural resources around several central concepts and instruments.

Agreement Area and river systems. Clause 1.1 defines the Agreement Area geographically and by river systems. The original Agreement covered Cooper Creek, the Diamantina and Georgina systems; the 2004 and 2007 amending deeds extend the area and add additional river systems and named protected areas (Schedules 2 and 3, and Annexures). The definitional focus is on surface‑flow‑dependent systems, associated catchments, floodplains, lakes, wetlands and sub‑artesian waters.
Principles and purpose. Part II identifies the purpose (cl 2.1) as developing/adopting and implementing Policies and Strategies to avoid or eliminate adverse cross‑border impacts. Part III sets out guiding Principles (cl 3.1) that require consideration of ecological flow regimes, water quality, integrated catchment management, precautionary approaches, and the use of best available scientific and community knowledge. These are directional principles rather than self‑executing legal standards.
Ministerial Forum as decision organ. Part V establishes the Ministerial Forum as the principal body (cl 5.1), comprised of one Minister per Party (cl 5.2), chaired by the Commonwealth Minister (cl 5.6), required to meet at least annually (cl 5.4) and to act by unanimous resolution (cl 5.5). The Forum is given responsibility for implementation (cl 5.8) and for developing and adopting Policies and Strategies (Part VIII).
Policies, Strategies and management plans. Part VIII requires the Ministerial Forum to develop or adopt Policies and Strategies without unnecessary delay (cl 8.1). The Forum may adopt State management plans if consistent with the Agreement and with adopted Policies and Strategies; once adopted those State plans are treated as plans of the Ministerial Forum (cl 8.3). Content areas for Policies and Strategies are listed (cl 8.4), including objectives for water quality and river flows, catchment management policies, treatment of existing State entitlements and research/monitoring programmes.
Community advice, scientific advice and conferences. The Forum must ensure satisfactory access to community advice (cl 5.9). The Agreement prescribes representation categories (Aboriginal, pastoral, agricultural, mining and petroleum, conservation, tourism and river‑system‑specific interests) and provides for either adoption of existing bodies or appointment of a committee to provide advice (cll 5.10-5.13). Scientific and technical advice may be sought or a panel established (Part VII). Conferences are mandated at least biennially (Part VI).
Review, amendment and accession. The Agreement requires reviews of operation and objectives five years after the effective date and then every ten years (cl 10.1), review of Policies and Strategies after five years of adoption and then at least every ten years (cl 10.3) and a ten‑yearly review of condition of watercourses and catchments (cl 10.4). The Ministerial Forum may approve amendments (cl 10.5) but amendments are subject to State parliamentary approval and ratification per Part IX (cll 9.1-9.3). The Agreement contains accession procedures for NSW and the Northern Territory (Part XII); Schedule 2 records the NT accession in 2004 with specific terms (Annexure B).
Funding and accountability. Funding is subject to respective appropriations (Part XI, cl 11.1). Parties will determine cost‑sharing arrangements (cl 11.2). Any community groups that receive funding must deliver accounts and activity reports annually (cl 11.3). The NT accession deed sets a specific contribution amount and how part of it must be cash targeted to committee travel (Annexure B to Schedule 2).

Together these concepts create an institutional network: ministers decide (unanimously) at political level, advisory and scientific inputs are specified, State management plans can be elevated to Forum plans if consistent, funding is subject to appropriations and cost‑sharing, and reviews are scheduled at fixed intervals. The Agreement relies repeatedly on States’ continuing policy and legislative responsibilities and on “best endeavours” and the States’ authority to pass implementing legislation (Part IV cll 4.8-4.11 and Part IX cl 9.3).

The instrument affects several categories of actors in distinct ways: the Parties (Commonwealth, States and Territory), State and Territory agencies, local government where relevant, community groups and sectoral stakeholders, and private users of water and related natural resources.

Parties and public decision‑makers. The primary addressees are the signatory governments. The Northern Territory Act (s 4) makes the Territory a ratifying Party to the Agreement as defined in s 3. Ministerial appointment and Forum membership are central: each Party appoints one Minister to the Ministerial Forum (Agreement, cl 5.2). The Act empowers the Territory Minister and Agencies to act to perform the Agreement (s 5).
State and Territory public agencies and instrumentalities. The Agreement expressly requires that Parties, acting through their administrative machinery, implement Policies and Strategies “so far as they are able within their respective jurisdictions” and to use their “best endeavours” to secure passage of implementing legislation where necessary (Part IV cl 4.9; Part IX cl 9.3). The Territory Act formally authorises those Agencies to take necessary steps (s 5). Funding obligations are subject to appropriations (Part XI cl 11.1), so agencies will be the administrative locus for delivering Forum decisions, research programmes and funded community participation.
Local government. The Agreement requires States to consult with and involve Local Government where relevant in implementing the Agreement “to the extent that State statutes and administrative arrangements authorise or delegate relevant responsibilities to Local Government” (Part IV cl 4.11). That means local authorities may be engaged, but their role depends on State statutory delegation and administrative practice.
Community and sectoral stakeholders. The Agreement mandates representative access to the Ministerial Forum through either adopted independent groups or an appointed committee, with prescribed categories of representation: Aboriginal interests; pastoral, agricultural, mining and petroleum, conservation and tourism interests; and system‑specific matters for Cooper Creek and Diamantina (cl 5.11). Those sectors are therefore explicitly identified as stakeholders whose views must be sought and communicated. Community advisory bodies or committee members may receive allowances and expenses subject to funding availability (cl 5.12-5.13(f)).
Private resource users and entitlement holders. The Agreement contemplates existing State entitlements and water‑related developments by reference (Part VIII cl 8.4(d)). Policies and Strategies are to make provision for dealing with relevant existing entitlements under State laws. Practically, that means private holders of water rights, extractive industry operators (mining and petroleum), pastoralists and tourism operators have an indirect regulatory exposure through Policies and Strategies developed at the Ministerial Forum which, depending on implementation in State law, may influence permitted uses and management regimes. The Agreement does not itself create new private civil liabilities or criminal offences; it establishes political and administrative processes.
Scientific and advisory bodies. The Agreement provides for the Forum to seek scientific and technical advice and to establish a panel of scientists and technicians if necessary (Part VII cll 7.1-7.2). Research organisations, universities, consultants and government scientific agencies are therefore potential providers of key inputs.
Fiscal contributors. Under the accession terms for the Northern Territory (Annexure B to Schedule 2) the NT agreed to contribute $50,000 per annum to the Ministerial Forum Budget, at least $10,000 in cash targeted to support the NT’s participation in the Community Advisory Committee. More generally, Part XI places funding obligations on the Commonwealth and the States “subject to the availability of respective appropriations” and requires cost‑sharing arrangements that reflect roles and responsibilities (cll 11.1-11.2).

Who is not directly affected: the Agreement does not purport to override existing State law except to the extent such law is modified or enacted by the States themselves in order to conform with the Agreement (Part IV cl 4.9; Part IX cl 9.3). That keeps primary regulatory control with the States and the Commonwealth in its areas of ownership or occupation (cl 4.5), rather than creating a new federal regulatory offence or permitting direct administrative action against private parties solely under the Agreement.

The Agreement sets out duties and rights primarily for the Parties and their institutions rather than for private individuals. The Territory Act gives effect to those institutional obligations within the Territory.

Duties of the Territory and Parties. The Territory (as a Party) is obliged to participate in the Ministerial Forum, to implement Policies and Strategies “so far as they are able within their respective jurisdictions” and to use “best endeavours” to secure enabling legislation and to comply with the Agreement and applicable Policies and Strategies (Part IV cl 4.9). The Act further requires the Territory Minister and agencies to do anything reasonably necessary to ensure performance and observance of the Agreement (s 5), which is a delegated‑authority style duty on executive agencies to take steps consistent with the Agreement.
Ministerial Forum duties and procedural constraints. The Forum must meet at least annually (cl 5.4), keep a permanent record of resolutions (cl 5.7) and make decisions only by unanimous vote (cl 5.5). The requirement of unanimity is a binding procedural constraint: no resolution of the Forum can be carried unless all Parties agree. The Commonwealth Minister chairs the Forum (cl 5.6). The Forum is responsible for implementation (cl 5.8), and must ensure satisfactory access to community advice (cl 5.9).
Duties about Policies, Strategies and plans. The Forum must develop or adopt Policies and Strategies without unnecessary delay (cl 8.1). It may adopt State management plans consistent with the Agreement and the Forum’s Policies and Strategies, treating adopted State plans as Forum plans thereafter (cl 8.3). Policies and Strategies must address items such as objectives for water quality and river flows, catchment management, the treatment of existing State entitlements and research and monitoring programs (cl 8.4).
Review and reporting duties. The Forum must cause a review of the operation of the Agreement and the extent to which objectives have been achieved after five years and then every ten years (cl 10.1). Reports of reviews are to be tabled in each State Parliament and presented to the Commonwealth Minister within 12 months after completion (cl 10.2). Policies and Strategies and the condition of watercourses/catchments are also subject to review (cll 10.3-10.4). Funding recipients among community groups must produce annual accounts and activity reports to the Ministerial Forum (cl 11.3).
Rights and representations for community interests. The Agreement guarantees access for a set of community interest categories to the Forum’s decision processes through advisory bodies or appointed committees (cll 5.10-5.13). Where the Forum appoints members to represent Aboriginal interests, it must have regards to recommendations that Aboriginal communities of the Agreement Area may choose to make (cl 5.13(b)). Committee members may receive allowances and expenses, subject to availability of funds (cl 5.12(a), 5.13(f)).
Financial duties. Funding is not unconditional. Parties agree to make available resources “subject to the availability of respective appropriations” (cl 11.1). Parties will determine cost‑sharing arrangements that reflect roles and responsibilities (cl 11.2). The Northern Territory’s accession terms impose a defined monetary contribution ($50,000 pa, at least $10,000 in cash) and prescribe how the cash component is to be managed and targeted (Annexure B to Schedule 2).
Limits on enforcement against private parties. The Agreement sets policy and institutional duties for Parties; it does not itself create direct enforcement mechanisms against private actors. The Agreement contemplates State law as the mechanism for giving effect to policy decisions (Part IV cl 4.9; Part IX cl 9.3). That means private rights and obligations will generally continue to derive from State/Territory legislation and administrative action rather than from the Agreement directly.
Rights to scientific and technical input. The Forum has the right to obtain scientific and technical advice and to establish expert panels (Part VII). Those panels are advisory to the Forum and their role is to inform monitoring and program design (cl 7.1-7.2).

In short, the Agreement creates duties for political and administrative actors (ministers, agencies, Parties) to cooperate, adopt Policies and Strategies, arrange funding, consult community sectors and review progress. It creates procedural rights for community and technical voices to be heard in the Forum’s processes, while leaving substantive legal regulation primarily to State and Territory laws and budgeting processes.

The Act and the Agreement do not create specific penalties, offences or administrative sanctions for private parties. Enforcement is institutional, political and administrative rather than penal.

No express criminal or civil sanctions in the Agreement. The Agreement text reproduced in the Schedule does not prescribe penalties, infringement notices or other statutory sanctions that could be imposed directly on private parties for non‑compliance. It sets up intergovernmental decision‑making, policy development and review mechanisms (Parts V, VIII, X, XI), and contemplates implementation through Party jurisdictions and, where necessary, State legislation (Part IV cl 4.9; Part IX cl 9.3). Therefore enforcement of any binding regulatory measures that affect private parties would depend on subsequent State or Territory statutory instruments or administrative actions.
Enforcement lies with Parties and agencies through policy adoption and implementation. The Ministerial Forum is responsible for implementation (cl 5.8) and may adopt Policies and Strategies which Parties are to “progress…so far as they are able within their respective jurisdictions” (Part II cl 2.2(d); Part IV cl 4.9). Practical enforcement of those Policies and Strategies therefore depends on the Parties enacting or using their legislative and administrative powers. The Territory Act authorises the Territory Minister and Agencies to do anything reasonably necessary to ensure performance (s 5), which allows administrative measures but does not itself create new punitive powers.
Accountability provisions. The Agreement contains accountability devices targeted at Parties and funded community groups rather than at private individuals. Funded groups must deliver annual financial accounts and activity reports to the Ministerial Forum (cl 11.3). Reviews of operation and objectives are mandatory by timetable (cl 10.1-10.4) and reports must be tabled in State Parliaments (cl 10.2). These reporting and review obligations create political and reputational enforcement mechanisms: public review and parliamentary scrutiny rather than fines.
Decision‑making constraint and veto. The Forum requires unanimity to adopt resolutions (cl 5.5). Unanimity is an enforcement constraint because it gives each Party an effective veto over Forum resolutions, which affects the strength and enforceability of any collective decision: if one Party refuses to agree, the Forum cannot carry a resolution. That procedural feature reduces the risk of binding trans‑jurisdictional measures being imposed without consensus, but also slows and constrains the imposition of collective obligations.
Funding conditionality. Funding is “subject to the availability of respective appropriations” (cl 11.1). That produces a fiscal enforcement and compliance mechanism: Parties can withhold funding through the appropriations process, which affects implementation. For example, community advisory bodies’ capacity to participate (and receive allowances) is explicitly linked to available funds (cl 5.12; cl 5.13(f)) and the NT’s accession terms specify a $50,000 pa contribution with a $10,000 cash minimum (Annexure B, Schedule 2).
Role of State law for legal enforcement. The Agreement contemplates and requires Parties to use their law‑making powers where necessary to implement the Agreement and its Policies and Strategies (Part IV cl 4.9; Part IX cl 9.3). Therefore, if substantive enforceable restrictions on private activity are desired, they will need to be enacted and enforced under State or Territory law in the relevant jurisdiction. The Commonwealth’s role is limited to monitoring and to ensuring matters of national interest are addressed (cl 4.2-4.6).

In summary, enforcement under this instrument is institutional and political. The Agreement establishes decision structures, review processes and reporting obligations; it does not itself impose criminal or civil penalties on private parties. Any legally enforceable measures affecting private actors must be implemented through State/Territory legislation or administrative regimes, or through other existing statutory frameworks to which the Parties are already subject.

The Agreement is drafted to sit alongside existing State, Territory and Commonwealth laws and to rely on those legal frameworks for implementation. The text includes explicit cross‑references and provisions that preserve and coordinate with other legal instruments.

Interaction with State legislative regimes. The Agreement contemplates that Parties will continue to have primary responsibility for policy and administration of laws relevant to water and related natural resource management within the Agreement Area (Part IV cl 4.8-4.9). It expressly requires States to use best endeavours to secure passage of implementing legislation where necessary (cl 4.9; Part IX cl 9.3). That means the Agreement does not displace State law; instead, where the Forum adopts Policies and Strategies, the States are expected to give effect to those instruments through their own statutory and administrative regimes.
Commonwealth interests and federal obligations. The Agreement recognises the Commonwealth’s responsibilities for matters of national interest and for management of natural resources on Commonwealth‑owned or occupied land (cll 4.2-4.6). It also obliges the Commonwealth to consult with States where international agreements may impact the Agreement Area (cl 4.7). The Agreement is consistent, by recital, with the Intergovernmental Agreement on the Environment (1992) and with the National Water Reform Framework and Natural Heritage Trust Partnership Agreements (Recitals E-F). Those references signal that implementation should occur in a way that aligns with existing intergovernmental environmental frameworks and national water reform objectives.
Local government and delegation. The Agreement requires consultation and involvement of Local Government only “to the extent that State statutes and administrative arrangements authorise or delegate relevant responsibilities to Local Government” (Part IV cl 4.11). Thus local government’s role is determined by State law and administrative delegation; the Agreement does not itself confer powers or obligations on local authorities beyond what State law authorises.
Treatment of existing State entitlements. Policies and Strategies are expressly required to make provision for dealing with relevant existing entitlements under State laws and significant water‑related developments (Part VIII cl 8.4(d)). This preserves the legal recognition of State‑issued rights and creates a policy mechanism to address how those entitlements will be treated within cross‑border strategies. Crucially, the Agreement does not unilaterally extinguish or vary existing entitlements , any alteration requires State action consistent with its laws.
Reporting and parliamentary oversight. Review reports are to be tabled in the Parliament of each State and presented to the Commonwealth Minister (cl 10.2). This embeds parliamentary scrutiny under each State’s legislative framework. The Territory Act likewise commenced by Gazette notice (s 2) and the endnotes show the Act’s assent and commencement dates, aligning territorial commencement procedures with administrative law formalities.
Compatibility with subordinate legislation and amendments. Clause 1.3(a) provides that a reference to any law includes statutory modification, re‑enactment or subordinate legislation. This is a conventional interpretive provision that anticipates changes in domestic law, preserving the Agreement’s operability as other statutes or regulations evolve.
Financial law and appropriation. Funding language (Part XI cl 11.1) makes clear that Parties’ financial contributions are subject to appropriations. That means implementation depends on public finance processes under each jurisdiction’s appropriation and budgetary law. The NT accession terms in Annexure B impose a specific monetary contribution by the NT, which is a contractual funding commitment between governments but still subject to the public funding processes in practice.
Where direct legal effect could arise. Two mechanisms give potential for direct legal consequences: (1) adoption by the Ministerial Forum of State management plans means those plans, once adopted by the Forum and if subsequently implemented through State legislation or administrative action, can be treated as the Forum’s plans (cl 8.3). (2) If Parties enact legislation to implement Forum Policies and Strategies (as encouraged by cl 4.9 and cl 9.3), then that legislation will have direct legal effect on private parties within the jurisdiction. Until such domestic legal steps occur, the Agreement’s instruments function as intergovernmental policy and governance tools, not as standalone sources of enforceable private law obligations.

In short, the Agreement coordinates with existing Commonwealth and State legal frameworks and depends on State/Territory legislative and appropriation processes for substantive legal implementation. The Act itself authorises Territory executive action to facilitate the Agreement (s 5) but does not by itself override or replace State law frameworks.

The Act and the Agreement incorporate a compact amendment history captured within the Schedule. The Agreement as ratified by the Territory comprises the original Agreement (21 October 2000) plus two amending deeds (10 June 2004 and 23 January 2007), each of which materially altered parties and geographic scope.

Original Agreement (21 October 2000). The base instrument is the Lake Eyre Basin Intergovernmental Agreement dated 21 October 2000 between the Commonwealth, Queensland and South Australia. It established the Ministerial Forum, the Agreement Area (covering Cooper Creek, Diamantina and Georgina systems in the original map), Principles, Policies and Strategies, review timetables and funding/accountability principles (Schedule, cll 1.1, Part III, Part V, Part VIII, Part X, Part XI).
First amending deed (10 June 2004) , Schedule 2. The 2004 Deed admitted the Northern Territory as a Party (Operative Part cl 2) and expanded the Agreement Area to include additional river systems and coverage in the NT, replacing the original clause 1.1 with a wider definition (Schedule 2, operative changes under cl 3(a)). It added a definitional note that a reference to “State” includes the Northern Territory (3(b)). It amended ratification arrangements so that any amendment to the Agreement would be subject to approval and ratification by Queensland, South Australia and the Northern Territory (3(c)). The 2004 Deed also replaced the map in Schedule 1 with an updated Annexure A (3(d)) and became Schedule 2 to the Agreement (3(e)). Annexure B to Schedule 2 recorded the terms under which the Northern Territory would join, including a specified contribution of $50,000 per annum and a cash minimum of $10,000 targeted to travel and committee participation (Annexure B).
Second amending deed (23 January 2007) , Schedule 3. The 2007 Deed further amended the Agreement by again replacing clause 1.1 to expand the Agreement Area and list additional river systems, including Finke, Hamilton, Alberga and Macumba River systems, the Todd River systems, Neales river systems, Douglas Creek and associated creeks, and by naming protected areas such as Witjira National Park and parts of the Simpson Desert (Schedule 3 cl 3.2 and subclauses 3.2.1-3.2.9). The Deed replaced the Schedule 1 map with an updated Annexure A (cl 3.3) and became Schedule 3 to the Agreement (cl 3.4).
Territorial enactment and commencement. The Northern Territory enacted the Lake Eyre Basin Intergovernmental Agreement Act 2009 to approve, ratify and facilitate the Agreement (Act No. 13, 2009). Section 3 defines the Agreement for the Territory to include the original and both amending deeds. Section 2 provides commencement by Administrator Gazette notice; the Act’s endnotes record assent on 26 May 2009 and commencement on 9 September 2009.
Amendment mechanics in the Agreement. The Agreement itself reserves to the Ministerial Forum the power to approve amendments (cl 10.5), but Part IX requires such amendments to be subjected to State parliamentary approval and ratification (cl 9.2). Schedule 2 changed those ratification requirements so that, after the NT accession, amendments require approval and ratification by Queensland, South Australia and the Northern Territory (Schedule 2 cl 3(c)).

This amendment trail shows a deliberate stepwise widening of the Agreement both in membership and geographic scope: first admitting the Northern Territory with specified financial terms; then broadening the environmental geography covered to include additional river systems and conservation areas. The changes are recorded as deeds that become Schedules to the Agreement and thus are part of the instrument the Territory has authorised and ratified by this Act (s 3).

The Schedule and the Act do not record any case law or judicial decisions. The text of the Agreement and the Act contains no reference to litigation, court challenges or adjudicative mechanisms for disputes between Parties beyond political and intergovernmental processes.

No judicial enforcement regime established. The Agreement sets out institutional dispute resolution by referencing the Ministerial Forum as the primary forum for raising questions of interpretation (cl 1.6: “Questions of interpretation of this Agreement are to be raised in the Ministerial Forum”). It does not create an arbitral or judicial dispute resolution clause, nor does it provide for referral of intergovernmental disputes to a judicial body within its text.
Parliamentary and political accountability rather than litigation. The Accountability and Review provisions (Part X cll 10.1-10.4, cl 10.2 requiring tabling of review reports in Parliaments) indicate that the Parties contemplated parliamentary scrutiny and periodic reviews as primary accountability mechanisms. Where legal enforcement against private parties is intended, the Agreement contemplates (and requires) State-level legislative action (Part IV cl 4.9; Part IX cl 9.3), which could, if enacted into law, be subject to judicial interpretation and challenge. Those future State legal instruments could produce litigation, but no such litigation history is recorded in this Act or Agreement text.
No cases named. The Schedule does not cite any judicial decisions or precedent; no litigation is chronicled in the endnotes. Therefore, based on the source text, there is no litigation history to report.

If practitioners require whether any disputes between Parties have been litigated or whether State implementing legislation has produced case law, that would require searching subsequent judicial databases and State/Territory records beyond the text of this Act and Agreement. The Agreement itself favours intergovernmental and parliamentary remedies and oversight rather than judicial enforcement at the Agreement level.

The Agreement’s language and structure contain several implementation and legal practicalities that can produce unexpected effects or operational constraints. The following are matters to flag for practitioners and administrators, grounded in the text.

Decisions require unanimity. The Ministerial Forum carries resolutions only by a unanimous vote (cl 5.5). Practically, that gives each Party an effective veto over Forum decisions. This can hinder timely or bold collective action and shifts the bargaining to pre‑decision negotiations among Ministers. It also means that any Party can block adoption of Policies or Strategies the others support.
Funding depends on appropriations. Parties’ obligations to make resources available are expressly “subject to the availability of respective appropriations” (cl 11.1). That creates fiscal and political uncertainty: Program implementation, advisory committee allowances (cl 5.12-5.13(f)) and research/monitoring depend on annual budget processes in each jurisdiction. The NT accession terms (Annexure B to Schedule 2) commit the Territory to specific cash and in‑kind contributions, but even that is implemented through budget administration and potentially constrained.
“Best endeavours” and “so far as they are able” are soft legal commitments. The Agreement requires Parties to “use their best endeavours” to secure enabling legislation (cl 4.9) and to “progress the implementation…so far as they are able within their respective jurisdictions” (Part II cl 2.2(d); Part IV cl 4.9). Those formulations are recognisably weaker than absolute obligations. They create political and moral duties more than directly enforceable legal obligations at the Agreement level, leaving scope for argument over what steps constitute “best endeavours.”
Adoption of State management plans can shift policy control but depends on consistency. The Forum can adopt State management plans if they are consistent with the Agreement and with Forum Policies and Strategies, and once adopted those plans are treated as Forum plans (cl 8.3). That provides a route for State plans to be elevated to multi‑jurisdictional status, but adoption is conditional on consistency with Forum standards. The process for resolving inconsistency is not specified in detail, creating potential disputes about what constitutes consistency and who decides.
Community advisory participation constrained by funding and appointment power. The Forum may adopt existing bodies or appoint a committee for community advice (cl 5.10). Appointment powers (cl 5.13) include termination and disbanding powers for the Forum, and allowances are subject to availability of funds (cl 5.12(a), cl 5.13(f)). This creates discretionary levers for Parties over community representation and resource access; community groups reliant on allowances may find participation capacity variable.
Unclear direct effect on private entitlements. The Agreement expressly refers to existing State entitlements (cl 8.4(d)) but does not itself alter them. Any change to private rights requires State legislative or administrative action. This can create uncertainty for private holders as Policies and Strategies are developed at the Forum level without immediate legal effect until State law changes.
Reviews have timeframes but not enforcement steps. The Agreement mandates reviews (cl 10.1-10.4) and parliamentary tabling (cl 10.2), which creates accountability. However, it does not prescribe sanctions or automatic corrective measures if reviews identify failures to meet objectives. The remedy is political and programmatic, not automatic legal correction.
Geographic scope expansions and party accession are political acts with budgetary consequences. The 2004 and 2007 deeds expanded the Agreement Area and admitted the Northern Territory subject to financial terms (Schedule 2 Annexure B). Expansion creates new stakeholders and may require more research, monitoring and funding obligations; yet those are all subject to appropriation processes.
Forum chairing by Commonwealth Minister with unanimous voting may create asymmetric influence. The Commonwealth Minister chairs the Forum (cl 5.6) but cannot carry decisions without unanimity (cl 5.5). Chair control over agenda and meetings can be influential even where final decisions require consensus.
State law remains the lever for enforceable regulation. The Agreement’s reliance on State legislation to give effect to Forum decisions means outcomes depend heavily on the political will and legislative capacity within each jurisdiction. Changes in government or budget priorities at State/Territory level can materially affect implementation.

Each of these practicalities arises from explicit text in the Agreement (clauses cited above) and suggests that the Agreement is an intergovernmental coordination instrument that relies on consensus, parliamentary approval and appropriations. Parties, advisers and affected private actors should expect political negotiation, variable funding, and state‑level implementation steps rather than immediate change through the Agreement alone.

Compliance differs depending on whether you represent a Party (government), a statutory agency, a community advisory body, or a private stakeholder. The Agreement creates obligations for Parties and administrative duties for agencies; private parties should monitor and engage rather than expect immediate statutory obligations from the Agreement itself.

For Territory Ministers and Agencies (the executive duty-bearers under the Act)

Exercise the s 5 mandate: the Act authorises and requires the Minister and Agencies and instrumentalities of the Territory to do anything reasonably necessary to ensure performance and observance of the Agreement (s 5). Translate that into an implementation plan: identify required administrative actions (appointments to the Forum and committees, provision of scientific data, participation in reviews).
Make the NT accession cash contribution. Annexure B to Schedule 2 records the NT’s obligation to contribute $50,000 pa, at least $10,000 in cash targeted to Committee travel and participation. Ensure appropriation and cashflow arrangements in Territory budgets to meet that commitment and document how the cash component will be managed in accordance with “existing financial arrangements agreed by parties” (Schedule 2 Annexure B).
Prepare to host and enable participation. The Forum must meet at least annually (cl 5.4), and conferences must occur at least biennially (Part VI cll 6.1-6.3). Budget for travel, secretariat support and meeting logistics, and ensure avenues for the Territory’s scientific agencies to provide technical input (Part VII).
Administrative reporting. If the Territory funds community advisory bodies, ensure recipients provide annual accounts and activity reports to the Ministerial Forum per cl 11.3; set up reporting templates and accountability processes aligned with Forum expectations.
Legislative housekeeping. Where Forum Policies and Strategies require implementation through Territory legislation or administrative changes, prepare drafting instructions and timing for legislative amendments consistent with Part IV cl 4.9 and Part IX cl 9.3.

For State agencies and regulators

Track Forum Policies and Strategies closely. The Forum is empowered to adopt Policies and Strategies that set objectives for water quality, flows and catchment management (cl 8.4). Ensure regulatory frameworks and licensing regimes are reviewed for consistency with proposed Forum outputs, and prepare regulatory impact analyses for any proposed statutory changes.
Protect and document existing entitlements. Because Policies must provide for “relevant existing entitlements under State laws” (cl 8.4(d)), maintain clear registers and legal records of entitlements so that any Forum consideration treats them as a matter for State law.
Budget for research and monitoring. The Agreement emphasises research and monitoring (cl 8.4(e), Part VII). Plan to meet likely data‑sharing or monitoring expectations; allocate funds conditional on appropriations.

For community advisory bodies and sectoral stakeholders (pastoralists, industry, conservation, Aboriginal communities)

Seek representation through the Forum’s pathways. The Forum must ensure appropriate representation across specified categories (cl 5.11). Identify whether the Forum has adopted an existing independent group or appointed a committee, and pursue membership or formal recognition if available.
Prepare for funding variability. Allowances and expenses for advisory members are subject to fund availability under Part XI and to Ministerial Forum determinations (cll 5.12-5.13(f)). Do not rely on guaranteed ongoing payment lines without confirmation.
Keep records and engage in reviews. The Agreement mandates scheduled reviews (cl 10.1-10.4). Community groups should prepare submissions and evidence for reviews, monitor review timelines and ensure that local knowledge and scientific inputs are recorded for Forum consideration (cl 3.1(i)-(j)).
Engage substantively on State entitlements and proposed Policies. Provide data and legal information to ensure Policies made at Forum level properly account for on‑the‑ground rights and uses.

For private businesses (mining, petroleum, pastoral, tourism)

Monitor the Forum’s Policy outputs rather than assume immediate legal change. The Agreement sets policy objectives (cl 8.4) but does not itself change statutory entitlements. Track Forum Decisions and any subsequent State legislative proposals implementing them.
Document and defend existing entitlements where necessary. If a Policy or Strategy raises the prospect of altered management of water resources, ensure all existing licences, permits and entitlements are current, well documented and legally enforced under State law.
Participate in consultation channels. The Agreement mandates community and sectoral input (cl 5.11). Use those advisory channels to influence the development of Policies and Strategies that may affect operational parameters.
Prepare for monitoring and research programmes. The Forum may require research and monitoring programs (cl 8.4(e)). Businesses whose operations might be monitored should align corporate monitoring practices and data capture to facilitate compliance and to provide operational evidence to the Forum and its scientific panels.

For researchers and scientific advisers

Offer technical advice and be ready to join panels. The Ministerial Forum may establish a panel of scientists and technicians (Part VII). Prepare proposals for monitoring programs and integrate local knowledge as required by the Agreement’s Principles (cl 3.1(i)-(j)).
Align outputs to review timetables. Review obligations for condition of watercourses and for Policies and Strategies create predictable windows when evidence will be solicited (cll 10.1-10.4).

Practical compliance steps common to all:

Catalogue legal authorities and entitlements within the Agreement Area that fall under your jurisdiction or interest and identify gaps between current statutory/regulatory frameworks and likely Forum Policies.
Build a timetable aligned to Forum meeting requirements (at least annually) and statutory review dates (first review 5 years after effective date, then 10‑yearly cycles) so submissions and budget proposals can be timed appropriately (Part V cl 5.4; Part X).
Budget for participation costs, including the NT’s specified cash requirement if relevant (Schedule 2 Annexure B), and ensure internal approval lines for appropriation where required (Part XI cl 11.1).
Keep documentary records for any funded advisory groups and prepare annual financial accounts and activity reports per cl 11.3.
Where legislative change is required to implement Forum outcomes, prepare regulatory impact statements, drafting instructions and stakeholder consultation plans well in advance, recognising the Forum’s unanimity rule and potential negotiation friction.

By grounding operational plans on these clauses , notably s 5 of the Act, Parties’ duties in Part IV, the Forum procedures in Part V, Policies and Strategies in Part VIII, review timelines in Part X, and funding rules in Part XI , Parties and stakeholders can align administrative actions to the Agreement’s structure and reduce the risk of surprise implementation requirements.

Lake Eyre Basin Intergovernmental Agreement Act 2009

Plain English Summary

Deep Dive

What it does

Current sections

Lake Eyre Basin Intergovernmental Agreement Act 2009

Source text: opening excerpt

1 Lake Eyre Basin Intergovernmental Agreement Act 2009

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