AN AGREEMENT made on 15 March 1993 between THE STATE OF NEW SOUTH WALES and THE STATE OF QUEENSLAND.
WHEREAS—
(a) an agreement was made between the States on 27 November 1946 (the “original agreement”) that was approved and ratified under—
(i) the New South Wales—Queensland Border Rivers Act, 1947 of the State of New South Wales; and
(ii) the New South Wales—Queensland Border Rivers Act 1946 of the State of Queensland; and
(b) an agreement amending the original agreement was made between the States on 4 November 1968 (the “amending agreement”) that was approved and ratified under—
(i) the New South Wales—Queensland Border Rivers (Amendment) Act, 1968 of the State of New South Wales; and
(ii) the New South Wales—Queensland Border Rivers Act Amendment Act 1968 of the State of Queensland; and
(c) the States desire to make further amendments of the original agreement as amended by the amending agreement.
NOW IT IS AGREED as follows—
PART 1
PRINCIPAL AGREEMENT
—
1.
Definition
In this agreement—
“principal agreement” means the original agreement as amended by the amending agreement.
2.
Binding of States
The principal agreement continues to bind the States subject to the amendments of the principal agreement made by this agreement.
PART 2
RATIFICATION OF AGREEMENT
—
3.
Ratification
(1)
This agreement—
(a) is subject to ratification by the Parliaments of the States; and
(b) comes into effect when so ratified.
(2)
Each State is to take all practicable steps to have this agreement ratified.
PART 3
AMENDMENT OF PRINCIPAL AGREEMENT
—
4.
Amended agreement
The principal agreement is amended as set out in this agreement.
5.
Amendment of preamble
Preamble (after ‘streams’ (last occurring))— insert‘and that certain investigations be made in respect of groundwater resources associated with the Carrier Rivers with a view to determining the proportions or quantities of groundwater that should be available to the States from those resources’.
6.
Insertion of new cl. 14A
After clause 14— insert—
‘14A.
Monitoring of groundwater.
(1)
The Commission must arrange for the construction, maintenance, operation and control of an effective system of monitoring groundwater.
‘(2)
Each of the States must, through its Controlling Authority—
(a) record the matters it is directed by the Commission to record; and
(b) supply to the Commission the particulars the Commission from time to time requires;
relating to monitoring carried out under subclause (1).
‘(3)
Any costs or expenses incurred by a party under subclause (2) are to be borne by the Commission.’.
7.
Amendment of cl. 15 (Certain powers and duties of Commission)
(1)
After clause 15(a)— insert—
‘(b) may from time to time so far as may be necessary for giving effect to this agreement determine any part of the groundwater area to be a zone;’.
(2)
Clause 15(b)—
redesignate as clause 15(c).
8.
Amendment of cl. 16 (Functions of Commission)
(1)
Clause 16(2)— omit‘laboratory and engineering investigations’, insert‘laboratory, engineering and hydrogeological investigations’.
‘(g) the proportions or quantities of groundwater in any zone which should be available to each of the parties;
(h) the interaction of surface water and groundwater in any zone.’.
9.
Amendment of cl. 28 (Estimates of Expenditure)
Clause 28(2)— omit‘in the month of March in each year commencing with the month of March immediately preceding the expiration of the first period’, insert‘, at such times in each year as may be agreed upon from time to time between the Commission and the parties,’.
10.
Replacement of heading to Part V (DISTRIBUTION AND USE OF WATERS)
Heading to Part V— omit, insert—
‘PART V —
DISTRIBUTION AND USE OF SURFACE WATERS’
11.
Amendment of cl. 33 (Apportionment of water)
Clause 33(1)(b)— omit‘each year commencing on the first day of July’, insert‘each water year’.
12.
Amendment of cl. 37 (Determination of anticipated available quantity)
Clause 37(1) (wherever occurring)— omit‘each year commencing on the first day of July’, insert‘each water year’.
13.
Insertion of new Part VA—
After clause 42— insert—
‘PART VA
GROUNDWATER
—
‘42A.
Determinations relating to groundwater.
(1)
The Controlling Authority of a State must take the steps it considers necessary to give effect to any determination made by the Government of the State in respect of any matter relating to the proportions or quantities of groundwater available to the State.
‘(2)
A determination of a Government under subclause (1) must be made following receipt by it of recommendations of the Commission concerning a matter mentioned in clause 16(3)(g).
‘(3)
Each of the States must confer on its Controlling Authority the powers necessary to enable it to fulfil its obligations under this clause.
‘42B.
Use of groundwater.
Subject to this agreement, each of the States may use the groundwater to which it is entitled under this agreement for such purposes as it may determine.’.
14.
Insertion of new cl. 45A
After clause 45 (in Part VI)— insert—
‘45A.
Statements relating to groundwater.
(1)
The Controlling Authority of each State must—
(a) at least once in each water year; and
(b) otherwise from time to time as and when required by the Commission;
give to the Commission a written statement under this clause.
‘(2)
The statement must—
(a) contain such particulars relating to groundwater as are required by the Commission; and
(b) relate to such periods as are specified by the Commission.
‘(3)
The particulars relating to groundwater that may be required by the Commission include particulars of the quantities of groundwater taken from any zone.’.
15.
Amendment of cl. 51
(1)
Clause 51 (after the definition “Governor”)— insert—
‘“Groundwater” means water occurring—
(a) in a geological structure or formation; or
(b) in an artificial landfill;
under the surface of the ground in the groundwater area, excluding water from a formation in the Great Artesian Basin.
“Groundwater Area” means the area comprising—
(a) part of the State of New South Wales; and
(b) part of the State of Queensland;
overlying alluvium containing groundwater associated with the Carrier Rivers.’.
(2)
Clause 51 (after the definitions “River” and “Tributary”)— insert—
‘“Water Year” means—
(a) the period—
(i) beginning on the first 1 July occurring after this definition comes into effect; and
(ii) ending on 30 September of the year after the year in which the period begins; or
(b) the period of 12 months beginning at the end of the period to which paragraph (a) applies and each successive period of 12 months; or
(c) any other period of 12 months fixed, for the purposes of this paragraph, by the Controlling Authorities of the States and approved by the Commission.
“Zone” means any part of the groundwater area determined by the Commission to be a zone.’.
IN WITNESS OF WHICH the Premiers of the States of New South Wales and Queensland have to this Agreement set their hands and seals on the date first written above
| SIGNED SEALED AND DELIVERED by The Honourable John Joseph Fahey the Premier of the State of New South Wales for and on behalf of that State in the presence of—BRIAN CUMMINS | John Fahey |
| SIGNED SEALED AND DELIVERED by The Honourable Wayne Keith Goss the Premier of the State of Queensland for and on behalf of that State in the presence of—EDMUND CASEY | Wayne Goss |