The Act rides on a small set of recurring legal and administrative concepts. Define them at the outset because they structure all rights, duties and remedies the statute creates.

• The agreement and its amending agreements. The Act treats a series of written instruments as integral to the statutory scheme. The term agreement is defined to mean the original agreement together with the first, second and third amending agreements (s 4). Those instruments are ratified by s 5. The Schedule provisions referred to in s 4 and s 5 contain the texts, the contents of which are incorporated into the Act by reference. The Act also states that “this Act” means the Act, the agreement and any regulations made under the Act (s 4), so the agreement is not merely background policy; it is a component of the statutory text. Section 5A makes the binding effect contingent in a specified way: while the agreement continues to be binding on New South Wales, it is binding on Queensland (s 5A).

• Constructing authority and contracting government. The Act uses the term constructing authority to identify the government or entity that constructs works under the agreement (s 4). Contracting government means a government party to the agreement. Those definitions determine who may exercise powers under the Act, who is liable or entitled under compensation provisions, and who benefits from exemptions such as s 27.

• The commission. The Dumaresq-Barwon Border Rivers Commission is the statutory body through which the agreement is administered in practice (s 4; see also Pt 3 generally). The commission has specific regulation‑making powers about its meetings, proceedings, officers, contracting and formal business, and its regulations take effect when published in both States’ gazettes (s 6(1)-(2)). Commission regulations have the force of law (s 7), and the commission’s orders, determinations and decisions made under the Act bind governments and persons and may be made enforceable as court orders (s 11).

• Access and evidence. The commission and its authorised persons may enter lands for the purposes of the Act and have free access to all works (s 9). Documents purporting to be commission regulations signed by a commissioner or the secretary or copies of the gazette entries are prima facie evidence of the regulations (s 8). Minutes and records signed by commissioners or certified by the secretary are presumed correct until the contrary is shown (s 12). An arbitrator’s decision under the agreement, if signed, is admissible evidence (s 26).

• Construction, land acquisition and labour conditions. The Act authorises the construction of works in Queensland by the State, and authorises New South Wales to construct works in Queensland under the agreement (s 14-s 16). It gives the Crown in the right of New South Wales (or a person or instrumentality authorised by the NSW Governor) an express lawful ability to observe the same conditions and pay the same wages as would prevail if the works were being undertaken in NSW, notwithstanding Queensland industrial arbitration law (s 16(4)). Land in Queensland required for works by New South Wales may be taken by the State subject to the Governor’s approval under a mechanism equivalent to that used for taking land for works by Queensland (s 16(3)).

• Compensation regime. The Act creates a narrowly framed compensation regime for damage occasioned by construction or maintenance of the works. Claimants must provide written notice stating the nature and extent of damage within six months, and then proceed without unreasonable delay (s 18). The court is instructed to apply enumerated principles when determining compensation, including a requirement that claim items be stated in the notice (s 19(a)), stringent limits on compensation for diminution of water supply (s 19(b)-(c)), a requirement to reduce claims by any enhancement in property value attributable to the works (s 19(d)), and a restriction of damages to direct pecuniary injury rather than remote or speculative losses (s 19(e)). The court can award lump sums for future continuing injury and bar further claims in respect of the same matter (s 19(f)). A judge may stay proceedings until completion of works on application by the constructing authority (s 20). When rights in reversion exist, claimants must satisfy the court as to competing interests and give notice to others, with the court empowered to apportion awards among persons with competing interests (s 21).

• Regulatory powers and penalties. The Governor in Council may make regulations for matters the commission is not empowered to regulate, with penalties not exceeding $100 (s 22). The commission may also prescribe penalties up to $100 for breaches of its own regulations (s 6(1)(f)). Malicious destruction or damage to works is an indictable offence carrying up to 10 years imprisonment (s 25). Non‑indictable regulatory offences are to be prosecuted summarily under the Justices Act 1886 (s 28).

• Administrative delegation in Queensland. Section 22A authorises the Queensland department that administers the Water Act 2000 to exercise powers and fulfil obligations imposed by the agreement on a “controlling authority” for Queensland’s part. That is an administrative authorisation tying the agreement’s execution in Queensland to a named department.

Those concepts, and the cross‑references among them in the Act, structure who decides, who pays, what may be done in relation to land and water, how disputes are litigated or stayed, how the commission governs itself and how penal consequences attach. All operative legal obligations in this statute are expressed by reference to these defined concepts and the powers and duties set out in Parts 2 to 7 of the Act.

The Act creates entitlements, duties and procedural mechanisms that affect distinct and overlapping groups of actors. Identify them precisely from the text.

• Contracting governments and constructing authorities. The primary beneficiaries of authorisations and exemptions are the contracting governments named in the agreement and the constructing authority which, by definition, is the contracting government that constructs works or any authority constituted or appointed for that purpose (s 4, s 14-s 16, s 15). Those governments are authorised to construct, maintain, operate and control works under the agreement, and they are exempt from rates and taxes in respect of works and land held for such works (s 15, s 14, s 27).

• The commission and its officers. The commission itself (the Dumaresq-Barwon Border Rivers Commission) and persons appointed by it are directly empowered to regulate their internal governance, make regulations on specified subjects, enter lands and inspect works (s 4, s 6, s 9). Commissioners, deputies and officers are given employment protections and their service counts as public service for the relevant State (s 13). Commission decisions bind governments and persons and are enforceable (s 11).

• Landowners, occupiers and persons with water interests. Persons who hold land, proprietary interests, water rights or interests in reversion that may be affected by construction or maintenance of the works are directly affected by the access and compensation provisions. The commission and authorised persons may enter lands and have free access to all works (s 9). Those claiming compensation must comply with strict notice and content requirements and face narrowed compensable heads and measures (s 18-s 21, s 19). Owners who previously enjoyed a legally enforceable water supply will only succeed on diminution claims if they demonstrate deprivation of a previously legally enjoyed supply and that such deprivation is the direct and permanent result of the completed works (s 19(b)).

• Courts and arbitrators. The Supreme Courts of each State and, where appropriate, the High Court have roles. A writ of mandamus or similar order may be issued to compel the commission or a commissioner to perform duties under the Act (s 10). The commission’s orders may be made an order of the Supreme Court and enforced as such (s 11). An arbitrator appointed under the agreement has decisions that are admissible as evidence when signed (s 26).

• Local government and taxing authorities. Section 27 expressly prohibits the imposition of rates, taxes or charges, whether local government or otherwise, in respect of works under the Act or land or property held by a contracting government or constructing authority for the purposes of those works. That removes a potential revenue source and changes the incidence of cost for municipal and other authorities.

• Industrial parties, workers and contractors. Section 16 contains a specific mechanism allowing the Crown in the right of New South Wales, or an authorised entity, to apply the same conditions and pay the same wages in Queensland as would prevail if the works were undertaken in New South Wales, notwithstanding Queensland industrial arbitration laws. That affects contractors, their labour costs, bargaining positions of unions and workers, and the regulatory overlay that would have otherwise governed employment conditions in Queensland for those works (s 16(4)).

• Queensland departmental agencies. Section 22A expressly authorises the Queensland department administering the Water Act 2000 to exercise the powers and fulfil the obligations imposed by the agreement on a controlling authority in Queensland. That links performance of agreement obligations to a specific administrative apparatus within Queensland government.

• Persons who would damage works. The Act creates an indictable offence for unlawful and malicious destruction or damage to any works under the Act, carrying up to 10 years imprisonment (s 25). That targets potential saboteurs and establishes a criminal enforcement path.

• Parliamentarians and the legislatures. The statute imposes procedural burdens on the commission for certain regulations to be laid before both Houses of the New South Wales Parliament and the Legislative Assembly of Queensland within 14 sitting days of publication, and provides a mechanism for those Houses to disallow such regulations within a specified period (s 6(3)-(4)). The Governor must receive reports under the Act and lay them before Parliament without delay (s 29).

• Persons subject to summary penalties. Individuals or entities who breach commission or Governor in Council regulations face summary proceedings under the Justices Act 1886 with penalties up to $100 as set out in the relevant regulatory provisions (s 6(1)(f), s 22, s 28).

The Act therefore concentrates decision and execution authority in the contracting governments, the constructing authority and the commission, constrains recovery rights of private parties affected by works, shifts certain labour regulation outcomes for works constructed by NSW in Queensland, and removes property tax incidence on works and land held for works. Those consequences are set out in the Act’s operative sections described above.

This section lists core duties the statute imposes and the rights it creates or limits, with direct references to the statutory text.

Duties imposed on the commission and contracting governments

• Make internal regulations about meetings, proceedings, officers, contracting and formal business. The commission may make regulations for the times and places of its meetings, the conduct of its proceedings, duties and supervision of officers, mode of making and management of contracts, and prescribe what business is formal for the purposes of the agreement (s 6(1)(a)-(e)). Regulations must be published in each State’s government gazette and are subject to parliamentary scrutiny where applicable (s 6(2)-(4)).
• Ensure the force and publication of regulations. Commission regulations, once published as required, have the force of law (s 7) and must be kept as records for evidentiary purposes (s 8, s 12).
• Facilitate enforcement and accountability. The commission’s orders, determinations, decisions and declarations made in exercise of its powers bind the Government and all persons and corporations subject to the Act, and may be made a rule or order of the Supreme Court and enforced accordingly (s 11).

Duties and powers of contracting governments and constructing authorities

• Construct and maintain works. Queensland is authorised to construct works assigned to it under the agreement and, subject to the Act and the agreement, must construct, maintain, operate and control such works (s 14, s 15). New South Wales is authorised to construct the portion of works situated in Queensland, and to take actions necessary for construction, maintenance and operation, including taking land subject to Governor approval (s 16(1)-(3)).
• Apply labour conditions for NSW‑built works in Queensland. Where New South Wales constructs works in Queensland, the Crown in the right of New South Wales or an authorised instrumentality may observe the same conditions and pay the same wages as would apply if the work were undertaken in NSW, notwithstanding Queensland industrial arbitration law (s 16(4)).
• Receive notices and respond to compensation claims. The constructing authority is the entity to which claimants must give notice of damage and against which compensation claims are made (see s 18).

Rights and entitlements of affected persons

• Limited right to compensation. Persons who suffer damage occasioned by construction or maintenance of works have the right to bring an action for compensation provided they meet procedural and substantive conditions: a written notice within six months and pursuit without unreasonable delay (s 18). The court must apply the specified rules when determining compensation, including limiting awards to items set out in the notice, excluding certain types of water-taking from compensation, reducing awards by enhancement in property value, and limiting recoverable damages to direct pecuniary injury (s 19).
• Participation and apportionment in respect of reversionary interests. Persons with interests in reversion potentially injured by the same acts must be identified by the claimant, given notice, may appear and be heard in court, and may receive apportionments from any award as the court sees fit (s 21).
• Access to judicial remedies against commission. The commission or a commissioner may be compelled to perform any of their duties by mandamus or other writ issuing from the Supreme Court of either State or, where applicable, from the High Court (s 10).
• Procedural evidentiary benefits. Parties can rely on the statutory evidentiary presumptions: commission regulations published in the gazettes and signed copies will be prima facie evidence that they were made and are in force (s 8); minutes and records signed by commissioners or certified by the secretary are presumed correct until the contrary is proved (s 12); and an arbitrator’s signed decision is evidence (s 26).

Limits and prohibitions

• No compensation for authorised water taking. The Act instructs that no compensation shall be made for the taking or diverting of any water which the constructing authority is empowered by or under this Act to take or divert either permanently or temporarily (s 19(c)).
• Restrictive test for diminution of water supply. Compensation for diminution or deterioration of water supply is available only where the diminution deprives the claimant of a supply of water previously legally enjoyed and is the direct and permanent result of the completed works (s 19(b)).
• Exemption from local and other rates. No rates, taxes or charges whatsoever shall be imposed in respect of any works or land held by contracting governments or constructing authority for the purposes of such works (s 27).
• Criminal liability for malicious injury. Malicious destruction or damage to any works is an indictable offence, carrying up to 10 years imprisonment on conviction on indictment (s 25).

Procedural and regulatory duties

• Publication and parliamentary laying of certain regulations. Commission regulations about meetings and conduct of proceedings must be published in each State’s gazette and laid before both Houses of the New South Wales Parliament and the Legislative Assembly of Queensland within 14 sitting days if Parliament is in session, with a mechanism for either House to disallow within a specified period (s 6(2)-(4)).
• Follow summary prosecution paths. All non‑indictable offences against regulations are to be prosecuted summarily under the Justices Act 1886 (s 28).
• Reporting. All reports, statements and estimates received under the Act by the Governor are to be laid before Parliament without delay (s 29).

Those duties and rights are expressed in mandatory and directory language across the Act and the incorporated agreement. They allocate decision‑making authority to governments and the commission, constrain certain liabilities and preserve judicial routes for enforcement and review.

The Act establishes a tiered set of enforcement mechanisms and penalties, split between regulatory penalties, summary enforcement, civil remedies and criminal liability. Set out the statute’s enforcement architecture and consequences.

Regulatory penalties and parliamentary oversight

• Commission regulations may prescribe a penalty not exceeding $100 for breach (s 6(1)(f)). Regulations made under s 6 must be published in each State’s government gazette and, for regulations dealing with meetings and conduct of proceedings, be laid before both Houses of the New South Wales Parliament and the Legislative Assembly of Queensland within 14 sitting days after final publication, with disallowance possible if either House passes a resolution after notice within 15 sitting days of laying (s 6(2)-(4)). Regulations thus carry force of law (s 7) but are subject to parliamentary disallowance for specific classes of regulation, creating a legislative check on some commission rule‑making.

• The Governor in Council may make regulations for purposes of the Act not falling to the commission, and may prescribe penalties not exceeding $100 for breaches (s 22). Prosecutions for non‑indictable offences against regulations made under the Act are to be pursued summarily under the Justices Act 1886 (s 28). The Act therefore channels most regulatory non‑indictable enforcement into summary jurisdiction.

Civil enforcement, orders and judicial remedies

• The commission’s orders, determinations, decisions and declarations made under the Act bind the Government and all persons and corporations, and may be made a rule or order of the Supreme Court and be enforced accordingly (s 11). That provides a path from administrative decision to enforceable court order.

• A writ of mandamus or other proper writ from the Supreme Court of either State, or where appropriate the High Court, may be applied to compel the commission or a commissioner to perform duties under the Act (s 10). That preserves conventional public law judicial remedies against non‑performance of statutory duties by the commission.

Criminal offences

• The Act makes destruction or damage of the works a criminal offence when done unlawfully and maliciously. A person who unlawfully and maliciously destroys or damages any works or attempts to do so is guilty of a crime and, in addition to any penalty under regulations, is liable on conviction on indictment to imprisonment for any term not exceeding 10 years (s 25). The statute therefore creates a serious penal sanction for targeted interference with the works.

Evidentiary provisions facilitating enforcement

• The Act contains several evidentiary presumptions that ease proof in enforcement proceedings. A document purporting to be a commission regulation and signed by a commissioner or the secretary, or the government gazette copy of the published regulation, is prima facie evidence that the regulation was made and is in force (s 8). A minute or record of commission proceedings, if signed by commissioners or certified by the commissioner or secretary, is presumed correct until the contrary is proved (s 12). A document signed by and purporting to contain an arbitrator’s decision under the agreement is evidence of that decision (s 26). Those provisions shift initial burdens in enforcement and civil proceedings, making it more straightforward for regulators and governments to prove the existence and terms of internal acts.

Procedural judicial tools affecting claims

• For compensation claims brought while works remain incomplete, a judge of the Supreme Court may, on application by the constructing authority and without action by the authority, make an order staying the proceedings until completion of works or for such period as the judge considers sufficient (s 20). The claimant remains able to resume proceedings without recommencing fresh proceedings at the expiration of the stay. This provision permits constructing authorities to limit disruptive litigation while works proceed in an effort to avoid piecemeal remedies or premature awards.

Apportionment and finality

• Where multiple persons have interests in reversion affected by the same acts, the court must be satisfied about the nature and extent of respective estates and must ensure sufficient notice has been given to other persons; the court may apportion compensation among interested persons and declare the award to be in full satisfaction of present and future claims (s 21). Additionally, s 19(f) allows the court to award a lump sum in respect of future injury and bar further claims for the same matter. Those provisions are enforcement mechanisms that enable one final judicial resolution of continuing injuries.

In short, the Act combines administrative rule‑making with parliamentary oversight, summary prosecution for regulatory breaches, serious criminal penalties for malicious damage, civil enforcement through the courts including mandamus for non‑performance, and evidentiary and procedural devices that make enforcement and finalisation of compensation disputes more tractable for the constructing authority and the commission. The statutory structure tends to facilitate executive action and to circumscribe prolonged or speculative private claims through procedural limits and evidentiary presumptions.

The Act interacts with domestic statutory and administrative frameworks in multiple specified ways. The text itself identifies some interactions and disapplies others. Set out those connections as they appear in the Act.

Incorporation and supremacy of the agreement

• The agreement and its amending agreements are ratified and incorporated by the Act, and the Act defines “this Act” to include the agreement and regulations made under it (s 4, s 5). The agreement therefore becomes part of the legal framework between the States to which the statutory provisions refer. Section 5A conditions Queensland’s binding obligations on continued binding of the agreement on New South Wales, creating an intergovernmental dependency rooted in the treaty‑style instrument.

Industrial and arbitration law

• Section 16(4) displaces the normal operation of Queensland industrial arbitration law for works carried out in Queensland by the Crown in the right of New South Wales or an authorised instrumentality, by stating that it shall be lawful for New South Wales or authorised entities to observe the same conditions and pay the same wages as would apply if the work were performed in New South Wales. That clause is an express statutory exception to otherwise applicable Queensland industrial laws for these particular works, and therefore establishes a specific cross‑jurisdictional labour law interaction in favour of applying NSW conditions to NSW works in Queensland.

Land acquisition and property laws

• So much of the works to be constructed in Queensland by New South Wales may be constructed, maintained, operated and controlled by the Crown in the right of New South Wales or by an authorised person, and land in Queensland required for such works may be taken by the State subject to the Governor’s approval in the same manner as if the land were required by the Queensland constructing authority under s 15 (s 16(2)-(3)). The effect is to bring Queensland land acquisition procedures into play for NSW‑initiated works in Queensland, with the Governor’s approval as a prerequisite. The Act thereby operates alongside the usual land acquisition statutes of Queensland to permit acquisition for interstate works.

Administrative delegation and the Water Act 2000

• Section 22A explicitly authorises the department administering the Water Act 2000 in Queensland to exercise the powers and fulfil obligations imposed by the agreement on a “controlling authority” in Queensland. That ties the administration of agreement obligations to an existing statutory framework and departmental apparatus created under the Water Act 2000. It is an internal allocation of functions within Queensland government and an express interface point between the Act’s regime and the Water Act 2000 machinery.

Court jurisdiction and public law remedies

• The Act contemplates involvement by the Supreme Courts of the States and, where relevant, the High Court. A mandamus or other writ may issue from the Supreme Court of either of the States or, so far as the High Court has jurisdiction, from that Court, to compel commission or commissioner performance of duties under the Act (s 10). The commission’s orders may be adopted as court orders and enforced by the Supreme Court (s 11). Compensation proceedings and apportionment rules in ss 18-21 will be administered by the courts, with s 20 providing for judicial stays of compensation proceedings. The Act therefore interacts with existing judicial review and enforcement mechanisms in the State and federal courts.

Taxation and local government rating law

• Section 27 creates a carve‑out from taxation and rating laws by declaring that no rates, taxes or charges whatsoever shall be imposed in respect of works under the Act or land or property held by a contracting government or constructing authority for the purposes of such works. That displaces the application of local and other taxation law to those works and land, creating a statutory immunity from rates and charges.

Statutory interpretation and evidentiary laws

• The Act’s evidentiary provisions (s 8, s 12, s 26) interact with general rules of evidence and procedure by establishing presumptions about the validity and correctness of regulations, minutes and arbitrator decisions. Those presumptions shift evidentiary burdens in hearings or prosecutions that involve the commission or the agreement.

Procedure under the Justices Act 1886

• All proceedings and penalties for offences against regulations that are not indictable are to be heard and determined and recovered in a summary way under the Justices Act 1886 (s 28). That channels enforcement of non‑indictable regulatory contraventions into the summary justice procedures set out in that statute.

Parliamentary procedures regarding disallowance and laying

• The Act’s rules about the laying of commission regulations before the State parliaments and their possible disallowance operate within each Parliament’s standing orders and disallowance conventions. The Act defines “sitting days” for this purpose as days on which the House actually sits for the despatch of business (s 6(5)). That creates an explicit link between the commission’s regulatory timetable and parliamentary procedure.

Overall, the Act is designed to be read alongside other State statutes relevant to land acquisition, taxation, industrial conditions, the Water Act 2000 in Queensland, the Justices Act and general court jurisdiction. It contains express provisions that displace or qualify other laws for the purposes of the works it authorises, and it prescribes processes that require coordination with existing administrative, judicial and parliamentary mechanisms.

The Act text as provided contains internal amendment annotations and schedule references. These annotations identify insertions, omissions and amendments made across time. Set out the amendments and where they show in the text.

• Definitions and schedule insertions. The definition of agreement in s 4 was inserted and subsequently amended, as shown by the margin notes: “s 4 def agreement ins 1993 No. 31 s 7(2) amd 2001 No. 55 s 3(3)”. The definition now expressly includes the original agreement and the first, second and third amending agreements. The Act also includes references to schedule 1 for the original agreement and schedules 2-4 for the amending agreements per the definition notes in s 4.

• Omitted section 2. The text shows “s 2 om 17 September 1993 RA s 37”, indicating that section 2 was omitted at that date under the referenced repealing/amending authority. The Act therefore no longer contains the former s 2.

• Paragraph and subsection amendments. Section 5, the ratification clause, displays amendment notes “s 5 sub 1993 No. 31 s 9 amd 2001 No. 55 s 4” and the enumerated list in s 5 has been extended to include the third amending agreement. The presence of amending notes adjacent to s 5 indicates that the set of ratified agreements was expanded by the 1993 and 2001 amendments.

• Commission regulation provisions updated. Section 6 contains repeated textual lines and bracketed annotations showing text structure and that the commission’s regulation powers were consolidated or otherwise clarified across amendments. The margin notes include “(sec.6-ssec.1)…(sec.6-ssec.5)”, iterating the subsection breakdown. The annotations imply that the regulation‑making power, publication and parliamentary laying and disallowance processes have been retained and reformatted.

• Section 15 amendments. Section 15 carries amendment citations “s 15 amd 1967 No. 48 s 3(2) sch 1 ; 1992 No. 15 s 13 sch ; 2000 No. 26 s 12 sch 1”, indicating multiple historical amendments affecting the State’s duty to construct works and perhaps administrative arrangements for construction, maintenance, operation and control of works in Queensland. Those amendment citations are included in the source text.

• Section 16 modernisation. Section 16 is annotated “s 16 amd 1992 No. 15 s 13 sch ; 2000 No. 26 s 12 sch 1”, which indicates amendments in 1992 and 2000. The subsection structure (numbering sec.16-ssec.1 through sec.16-ssec.4) is shown in the source for clarity.

• Section 17 omitted. The header shows “Section sec.17 s 17 om 1967 No. 48 s 3 (2) sch 1”, indicating that the original s 17 has been omitted by the 1967 amendment noted.

• Section 22 amendments and scheduling. Section 22, the Governor in Council regulation power, is annotated “s 22 amd 1993 No. 31 s 10 ; 2001 No. 55 s 2 sch”. That demonstrates that the Governor’s regulation power was amended in the 1993 and 2001 acts and that the Act’s schedule was adjusted accordingly.

• Section 22A insertion. The provision authorising the Queensland department administering the Water Act 2000 to exercise powers and obligations of a controlling authority was inserted as indicated by “s 22A ins 2020 No. 14 s 167”. That is an explicit late insertion tying the Act’s machinery to the Water Act 2000 administrative arrangements.

• Miscellaneous insertions and omissions. Various definitions have marginal notes showing the years and instruments by which they were inserted or omitted, for example “s 4 def Border Rivers om 1968 No. 46 s 5(a)”, “s 4 def Carrier Rivers om 1968 No. 46 s 5(b)”, “s 4 def The Agreement om 1993 No. 31 s 7(1)”, and other similar notes. Those marginal notes indicate a history of periodic amendment to the Act’s definitions and structure.

• Appointment, penalty and evidentiary provisions. The appointment provision s 23 and the criminal penalty s 25 appear in the Act without explicit amendment annotations in the supplied text, but other sections, such as s 26 and s 27, are presented with their current text. The absence of an amendment note does not imply immutability, but it indicates no inline amendment tag is shown in the provided extract.

The Act’s provided text therefore includes amendment metadata that shows the statutory regime has been adjusted on several occasions: at least in 1967, 1968, 1992, 1993, 2000, 2001 and 2020 for particular provisions. The textual annotations identify which sections were inserted, amended or omitted by the cited instruments. Because the agreement and amending agreements themselves are incorporated by schedule entries, any change to those schedules will also be part of the Act’s operative content if enacted as an amendment. The explicit insertion of s 22A in 2020 is particularly notable because it integrates the Act with Queensland’s contemporary Water Act 2000 administrative architecture.

Readers should consult the schedules and the amending instruments cited in the margin notes for the full text changes and the dates and statutory instruments that effected each change. The Act’s internal amendment notes provide a starting point to trace the legislative history, but the actual texts of the cited amending acts and the schedules themselves should be checked for operative wording and effective dates.

The statutory text provided contains no case law, reported decisions or judicial history entries. The Act itself, by its structure, defines the primary litigation pathways and remedies likely to arise, and those are set out as follows so that practitioners can identify where litigation would occur under the Act.

Jurisdiction and appropriate courts

• Supreme Court writs and mandamus. Section 10 preserves the remedy of mandamus and other proper writs issuing from the Supreme Court of either State, or from the High Court as appropriate, to compel the commission or a commissioner to perform any duties under the Act. A litigant aggrieved by the non‑performance of a duty by the commission should look to the Supreme Court of the relevant State for relief, subject to any jurisdictional or procedural limits that apply in that court.

• Enforcement of commission orders through the Supreme Court. Under s 11, orders, determinations, decisions and declarations of the commission may be made a rule or order of the Supreme Court and shall be enforceable accordingly. That means the commission can seek to convert its administrative acts into enforceable court orders when necessary, and affected persons may be exposed to enforcement proceedings in the Supreme Court.

• Compensation claims in superior courts. The compensation provisions in ss 18-21 contemplate court proceedings to determine compensation for damage occasioned by construction or maintenance of the works. The statutory language in s 19 directs the court in the assessment of compensation. Practitioners bringing or defending compensation actions should expect these matters to be litigated in the appropriate superior court (historically the Supreme Court), applying the statutory principles, evidence rules and the notice and delay requirements in s 18.

• Summary prosecutions for regulatory offences. Proceedings for non‑indictable offences against regulations made under the Act are to be heard and determined summarily under the Justices Act 1886 (s 28). That directs petty regulatory enforcement to lower jurisdictions, while leaving indictable offences such as malicious damage to the indictable criminal process (s 25).

Typical litigation issues the Act creates (procedural and substantive)

• Timeliness and notice. Whether a claimant furnished adequate written notice within six months under s 18, and whether the claimant proceeded without unreasonable delay thereafter, are likely to be threshold issues in any compensation litigation. Defence and claimant arguments will focus on the date damage was “occasioned”, contents of the notice, and reasonableness of delay.

• Scope of compensable damage. The court must determine whether claimed losses fall within the categories permitted by s 19. Common litigated issues will include whether a diminution of water supply is of the character contemplated by s 19(b) (previous legal enjoyment and direct permanent result), whether the taking or diverting of water was authorised by the constructing authority (s 19(c)), and whether claimed damages are proximate and direct rather than remote, indirect or speculative (s 19(e)).

• Apportionment among competing interests. Claims affecting reversionary interests raise notice and joinder issues under s 21. Courts will require claimants to identify other persons with reversionary interests, and apportionment questions will arise both factually and as a matter of legal entitlement.

• Stay of proceedings during construction. The exercise of s 20 discretion by a judge to stay compensation litigation until completion of works may be litigated where claimants seek interim relief or where constructing authorities successfully apply for a stay. Judges will balance prejudice to claimants against the advantage of resolving claims with full knowledge of the completed works and their effects.

• Evidentiary presumptions. The presumptions in s 8, s 12 and s 26 shift evidentiary burdens, which litigants may seek to challenge by adducing contrary proof. Practitioners will use these provisions strategically for both prosecution and defence.

Absence of reported decisions in the statute does not mean the Act has not been subject to litigation. The Act’s text directs disputes to courts and creates particular procedural hooks likely to recur in litigation. For a complete litigation history, practitioners must consult law reports, legal databases, court registries and unreported judgments for both States and the High Court where relevant. The Act itself creates the channels and standards that courts will apply to disputes arising under it, and the statutory framework establishes the likely arguments and liabilities that litigants will contest.

This Act contains a number of concrete traps and operational details that can create surprise for clients or agencies if overlooked. Focus on specific statutory mechanics that produce practical risks.

Strict notice and timing for compensation claims

• Six month notice requirement. Section 18 requires a written notice stating the nature and extent of the damage to be furnished to the constructing authority within six months after the damage has been occasioned. Failure to serve a compliant notice within six months renders the claim “not maintainable”. The six month clock is an absolute procedural gate that can extinguish rights if not complied with.

• Proceed without unreasonable delay. Even after serving the notice, the claimant must proceed “without unreasonable delay” to obtain compensation (s 18). That undefined standard exposes claimants to arguments about delay and can be used by constructing authorities to seek dismissal or reduction for delay.

Narrow compensable heads and strict causation

• Claims must be limited to items in the notice. Section 19(a) states no compensation will be awarded save in respect of items set forth in the notice. Claimants who fail to particularise losses in the initial notice risk having those losses excluded from an award.

• Water diminution narrowly confined. Section 19(b) requires claimants to show they have been deprived of a supply of water previously legally enjoyed, and that the diminution is the direct and permanent result of the completed works. Interim or temporary reductions in water flow, or reductions affecting expectations rather than a previously legal right to a supply, will fail this test.

• No compensation for authorised water-taking. Section 19(c) excludes compensation for the taking or diverting of water which the constructing authority is empowered to take or divert under the Act or agreement. If the constructing authority has express powers under the agreement to divert water, affected users cannot claim compensation for that diversion.

Offset for enhancement in value and measure limited to direct pecuniary loss

• The court must consider enhancement in value of any property of the claimant caused directly or indirectly by the works and reduce awards accordingly (s 19(d)). Claimants whose property benefits from the works may see awards significantly reduced or eliminated.
• Damages are limited to direct pecuniary injury and exclude remote, indirect or speculative damages (s 19(e)). Claims for consequential economic loss that are not proximate and direct risk exclusion.

Stay of proceedings and finality mechanisms

• Judicial stay until completion of works. Section 20 allows a judge to stay compensation proceedings until completion of the works on application by the constructing authority. Claimants face delay and possibly increased costs if a stay is ordered.
• Lump sum awards may be final. Section 19(f) authorises the court to award a lump sum for future injury and state that after such an award no further compensation shall be made for future injury. Claimants should be aware that a single lump sum award may extinguish continuing claims.

Access and evidentiary presumptions that favour the commission

• Free access to land. Section 9 gives the commission and authorised persons free access to lands and works for the purposes of the Act. Landowners must expect physical intrusions for inspection and maintenance.
• Presumption of correctness. Minutes or records signed by commissioners or certified by the secretary are presumed correct until the contrary is proved (s 12), and published regulations or gazette copies are prima facie evidence (s 8). These presumptions can make it harder for private litigants to counter commission records.

Low monetary cap on regulatory penalties

• Commission and Governor in Council regulation penalties are capped at $100 under s 6(1)(f) and s 22. That nominal cap may not match contemporary fine levels and can be surprising for those used to larger administrative penalties. Practitioners should check whether subsequent instruments have raised those caps, and if not, note the practical consequence that civil deterrence via fines is limited under the statute.

Tax exemption impacts municipal revenue

• Section 27 abolishes rates, taxes or charges in respect of works or land held by contracting governments or constructing authorities for the purposes of such works. Local authorities who expected to levy rates on works or adjacent land will be precluded from doing so under the Act, which can materially affect local revenue projections.

Interstate contingency in binding effect

• Section 5A ties Queensland’s binding obligation to the agreement to the agreement’s continued binding effect on New South Wales. Practically, Queensland’s obligations under the agreement are contingent on NSW’s continued assent, creating potential uncertainty if NSW alters its position.

Industrial relations disapplication for NSW‑works in Queensland

• Section 16(4) allows NSW Crown projects in Queensland to operate under NSW wage and condition regimes notwithstanding Queensland industrial arbitration statutes. That provision can create labour law complexity and disrupt expectations of Queensland‑based contractors and unions. It is a specific statutory carve‑out that must be navigated on NSW‑sponsored works.

Criminal penalty for malicious damage with high maximum term

• Section 25 makes malicious destruction or damage to works a crime with a maximum of 10 years imprisonment on conviction on indictment. Entities and individuals engaging in protest or direct action that could affect works face serious criminal exposure.

Administrative centralisation in Queensland

• Section 22A authorises the department administering the Water Act 2000 to exercise powers imposed by the agreement on a controlling authority in Queensland. That centralises functions and means practitioners dealing with controlling authority obligations should engage with that specific department rather than a local statutory body in Queensland.

Procedural timing tied to “sitting days”

• The rule about laying regulations before Parliament uses a tailored definition of “sitting days” as days on which the House actually sits for the despatch of business (s 6(5)). That timing provision means that publication dates do not by themselves trigger parliamentary review; practitioners must account for parliamentary sitting calendars when calculating the periods for laying and possible disallowance.

Those items are concrete sticking points where careful procedural and substantive preparation is essential. Practitioners should ensure notice, evidence, jurisdiction, and timing rules are complied with strictly and should counsel clients about the limits on compensable heads and the potential finality of lump sum awards.

This section sets out practical, source‑grounded steps for different stakeholders to comply with the Act’s obligations and to preserve rights. Link each compliance action to the statutory provision that triggers it.

For contracting governments and constructing authorities

• Document and publish commission regulations correctly. Where the commission makes regulations under s 6, ensure regulations are published in the government gazette of both New South Wales and Queensland. Note that regulation commencement is tied to the date of the last publication or a later date specified in the regulation (s 6(2)). For regulations about meetings and conduct of proceedings, arrange for timely laying before both Houses of the New South Wales Parliament and the Legislative Assembly of Queensland within 14 sitting days after last publication, and monitor for notices of disallowance within the period specified (s 6(3)-(4)).
• Maintain signed minutes and certified records. Ensure minutes or records of commission proceedings are signed by commissioners or certified under the hand of a commissioner or the secretary, because such documents are presumed correct until contrary is proved (s 12). This is important for evidentiary strength in any enforcement or litigation.
• Keep regulation originals and signed copies accessible. The production of documents purporting to be a copy of any regulation and signed by a commissioner or the secretary, or of a government gazette containing the publication, is prima facie evidence that the regulation was made and is in force (s 8). Retain originals and certified copies to expedite enforcement and defence of regulatory controls.
• Plan land acquisition with Governor approval where required. When New South Wales intends to take Queensland land for works, secure the Governor’s approval for land taking as required by s 16(3). Follow the same processes and recordkeeping required when land is taken for Queensland works in s 15 to ensure procedural compliance.
• Prepare for appropriate industrial arrangements. If works in Queensland will be constructed by the Crown in the right of New South Wales or its authorised instrumentality, document and implement the NSW conditions and wage arrangements to be observed under s 16(4), and ensure employment contracts, contractor specifications and labour hire arrangements reflect those arrangements and the lawful disapplication of Queensland industrial arbitration law.
• Manage access and inspection rights. Because the commission and persons authorised by it may enter lands and have free access to works (s 9), establish protocols for reasonable access, notices to landholders, safety arrangements on site, and records of inspections.

For landowners, water users and claimants

• Serve compliant written notices within six months. If damage is suffered from construction or maintenance of works, serve a written notice on the constructing authority stating the nature and extent of the damage within six months after the damage is occasioned (s 18). Particularise all items for which compensation may be sought, because s 19(a) limits awards to items set out in the notice.
• Proceed without unreasonable delay. After giving notice, pursue compensation without unreasonable delay. Develop a plan to issue proceedings promptly where appropriate so as to avoid dismissal or prejudice on grounds of delay (s 18). Keep evidence of steps taken to progress claims.
• Document pre‑existing water rights. For claims about diminution of water supply, compile documentary proof that a claimant had a prior legal entitlement to the supply relied upon, and evidence linking the diminution as a direct and permanent result of the completed works, since s 19(b) requires both elements. Without those elements claims will fail.
• Anticipate offsets and prepare valuation evidence. Because the court must consider any enhancement in value caused by the works and deduct accordingly (s 19(d)), claimants should obtain valuation evidence pre‑ and post‑works and prepare expert evidence to quantify net loss rather than gross losses.
• Identify and notify other interest‑holders when reversionary interests may be affected. Under s 21 a claimant seeking compensation for acts that may injure interests in reversion must inform the court about the nature and extent of competing interests and must give sufficient notice to other persons said to be injured. Provide particulars and serve notice on potentially affected reversionary interest holders to avoid procedural deficiencies.
• Preserve evidence against presumptions. Recognise that commission records and regulations carry statutory presumptions. Collect contemporaneous evidence, independent expert reports and third party records that can rebut any presumptions as necessary (s 8, s 12).

For the commission and its officers

• Adhere to regulation‑making procedure. Ensure regulations are drafted to the required standards, published in both government gazettes and, where required, laid before the relevant Houses within the sitting day deadlines. Track parliamentary sitting schedules and prepare to respond to motions of disallowance (s 6(2)-(4), s 6(5)).
• Maintain proper financial accounting and staff controls. The commission may make regulations about the duties and control, supervision, and guidance of its officers and the mode of their accounting for moneys received (s 6(1)(c)). Implement robust financial controls and recordkeeping to comply with internal regulation and to provide the records that courts will deem prima facie correct when properly signed (s 12).
• Exercise disciplinary and contracting powers within delegated limits. Prescribe rules for making and managing contracts and ensure contract documentation aligns with s 6(1)(d). Ensure contract terms take into account s 27 tax exemptions and any cross‑border industrial arrangements in s 16.

For prosecutors and law enforcement

• Distinguish indictable and summary offences. Use the statutory structure to determine whether a matter is indictable (s 25) or a regulatory summary offence under regulation (s 6, s 22) and prosecute accordingly. Summary offences are to be prosecuted under the Justices Act 1886 (s 28).
• Rely on evidentiary provisions. In prosecutions and enforcement actions, rely on s 8 and s 12 to prove the existence and content of commission regulations and minutes, subject to rebuttal.

For parliamentary officers and clerks

• Track laying and disallowance timeframes. When commission regulations are published, ensure the proper lodgement and notice processes are followed so that the 14 sitting day laying requirement and 15 sitting day disallowance window for notice are calculated correctly and within standing orders (s 6).

General compliance housekeeping

• Retain signed regulatory and meeting records. Because the Act creates presumptions around signed records and regulations (s 8, s 12), maintain a clear chain of custody and signature for documents, and keep gazette publications as evidence of regulatory status.
• Review local taxation implications. Municipalities and local authorities should be informed that works and land held by contracting governments or the constructing authority are exempt from rates and taxes under s 27. Budget and billing systems should be updated to reflect the exemption.
• Liaise with Queensland Water Act 2000 department where appropriate. For functions designated to a controlling authority in Queensland, coordinate with the department administering the Water Act 2000 as authorised by s 22A.

These compliance steps are directly grounded in the statutory language. Practitioners should map each obligation to the exact section cited above and build checklists and administrative procedures to implement those obligations in the life cycle of planning, constructing, maintaining and operating works under the agreement.