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.
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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.
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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.
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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.
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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;
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(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
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(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.
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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.
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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.
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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
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(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.
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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
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(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.
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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.]
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Schedule 1:
THE LAKE EYRE BASIN AGREEMENT AREA
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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.
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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.”
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(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)