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River Murray Waters Act 1983

No. 86 of 1983

An Act to approve and provide for carrying out an agreement entered into between the Commonwealth, New South Wales, Victoria and South Australia with regard to the River Murray, the Menindee Lakes and other waters, and for other purposes

[Assented to 14 November 1983]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the River Murray Waters Act 1983.

Commencement

2. This Act shall come into operation on a date to be fixed by Proclamation.

Interpretation

3. In this Act, unless the contrary intention appears—

“Agreement” means the agreement a copy of which is set out in the Schedule;

“Commission” has the same meaning as in the Agreement;

“Commissioner” means a Commissioner of the Commission and includes a Deputy Commissioner of the Commission when acting as a Commissioner of the Commission;

“Commonwealth member” means the Commissioner or Deputy Commissioner appointed under section 6;

“Constructing Authority” has the same meaning as in the Agreement;

“Contracting Government” has the same meaning as in the Agreement;

“former Agreement” has the same meaning as in the Agreement;

“law of the Commonwealth” includes a law of a Territory;

“works” means works constructed under the former Agreement or constructed, or to be constructed, under the Agreement.

Approval of Agreement

4. The Agreement is approved.

Act to bind Crown

5. This Act binds the Crown in right of the Commonwealth.

Appointment of Commissioner and Deputy Commissioner

6. (1) The Governor-General may appoint a Commissioner and a Deputy Commissioner.

(2) Subject to this Act, a Commonwealth member holds office for such period, not exceeding 5 years, as is specified in the instrument of his appointment, but is eligible for re-appointment.

(3) A Commonwealth member holds office on such terms and conditions (if any) in respect of matters not provided for by this Act or another law of the Commonwealth as are determined by the Governor-General.

(4) The appointment of a Commonwealth member is not invalidated and shall not be called in question by reason of a defect or irregularity in or in connection with his appointment.

Remuneration and allowances

7. (1) A Commonwealth member shall be paid such remuneration (if any) as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration (if any) as is prescribed.

(2) A Commonwealth member shall be paid such allowances (if any) as are prescribed.

(3) This section has effect subject to the Remuneration Tribunals Act 1973.

Resignation

8. A Commonwealth member may resign his office by writing under his hand addressed to the Governor-General but the resignation does not have effect unless and until it is accepted by the Governor-General.

Termination of appointment

9. The Governor-General may at any time terminate the appointment of a Commonwealth member.

Jurisdiction of State courts

10. Nothing in any law of the Commonwealth shall be taken to exclude or limit the jurisdiction of a court of a State in relation to the performance of a duty or the exercise of a power by the Commission or a Commonwealth member.

Appropriation of moneys

11. All moneys required to be provided by the Commonwealth under the Agreement shall be provided out of moneys to be appropriated by the Parliament for the purpose.

Exemption from taxes and charges

12. No tax, charge or fee is payable under a law of the Commonwealth in respect of any works or in respect of any property used in or held for the purposes of any works by a Contracting Government or Constructing Authority.

Evidence

13. (1) Every minute or record of the proceedings of the Commission that is signed by the Commissioners, or a copy of such a minute or record certified as correct under the hand of a Commissioner or the secretary of the Commission, shall be presumed to be correct until the contrary is proved.

(2) A document signed by, and containing a decision of, an arbitrator appointed under the Agreement is, in any proceeding, prima facie evidence of the decision.

(3) A document purporting to be a minute or record, or copy, referred to in sub-section (1) or document referred to in sub-section (2) shall, unless the contrary is established, be deemed to be such a minute or record, copy or document, as the case may be.

Certain documents to be laid before Parliament

14. All reports and statements received under the Agreement by the Governor-General shall be laid before both Houses of the Parliament without delay.

Regulations

15. The Governor-General may make regulations, not inconsistent with this Act, prescribing matters—

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Amendment of Snowy Mountains Hydro-electric Power Act

16. Section 5b of the Snowy Mountains Hydro-electric Power Act 1949 is amended by omitting “agreements copies of which are set out in the Schedules to the River Murray Waters Act 1915” and substituting “agreement a copy of which is set out in the Schedule to the River Murray Waters Act 1983”.

Repeal and Transitional

17. (1) The following Acts are repealed:

Menindee Lakes Storage Agreement Act 1963;

River Murray Waters Act 1915;

River Murray Waters Act 1923;

River Murray Waters Act 1934;

River Murray Waters Act 1948;

River Murray Waters Act 1954;

River Murray Waters Act 1958;

River Murray Waters Act 1963;

River Murray Waters Act 1970;

River Murray Waters Act 1974.

(2) A person who, immediately before the commencement of this Act, held office as the Commissioner or the Deputy Commissioner appointed under section 6 of the River Murray Waters Act 1915, continues to hold office, subject to this Act, for the remainder of his term of office as if he had been appointed as the Commissioner or the Deputy Commissioner, as the case may be, under section 6 of this Act.

SCHEDULE Section 3

RIVER MURRAY WATERS AGREEMENT

between

THE COMMONWEALTH OF AUSTRALIA

THE STATE OF NEW SOUTH WALES

THE STATE OF VICTORIA

THE STATE OF SOUTH AUSTRALIA

1982

INDEX

PART I

Interpretation Clause

Definitions 1

Interpretation 2

PART II

Approval and Enforcement

Substitution 3

Approval 4

Submission to Parliament 5

Parties to provide for enforcement of Agreement and Acts 6

PART III

The Commission

Constitution 7, 8

Appointment of Commissioners and Deputy Commissioners 9

Term of Appointment 10

Continuation in Office 11

When Deputy Commissioner may act 12

Powers of Commissioners 13

Remuneration of Commissioners and Deputy Commissioners 14

Removal from office 15

Resignation 16

SCHEDULE—continued

Clause

Vacancies 17

Validity of proceedings 18

Meetings of the Commission 19

Delegation 20

Appointment of Committees 21

Officers of the Commission 22

Employment of officers in public service or in statutory authorities 23

Liability for acts of Commissioners and officers 24

PART IV

Water Quality and Control

Studies and investigations 25

Measurements of water quantity and quality 26

Water quality objectives and standards 27

Recommendations re water quantity and quality 28

Commission to be informed of new proposals 29

Regard to be had to river and water management objectives 30

Protection of catchment of Hume Reservoir 31

PART V

Construction, Operation and Maintenance of Works

Major works subject to the Agreement 32

Authorisation of additional works 33

Ancillary, preventative and remedial works 34

Preparation and submission of designs, etc. for Commission approval 35

Commission and Government approval of certain tenders 36

Directions for the efficient construction etc. of works 37

Completion of Chowilla Reservoir 38

States to facilitate construction and operation within their territories 39

Works for benefit of State Contracting Governments 40

Declaration that works effective 41

Maintenance of works 42

Procedures for operation and control of works 43

Dredging and snagging 44

Operation and control of works 45

Performance of joint duties 46

Ineffective works 47

PART VI

Finance

Apportionment of costs 48

Financial year 49

Detailed estimates of expenditure 50

Excess expenditure 51

Forward estimates 52

Payments by Contracting Governments 53

SCHEDULE—continued

Clause

Payments by Commission to States 54

Unexpended balances 55

Disposal of surplus assets 56

Proper accounts to be kept 57

List of assets 58

Audit 59

Commission to account 60

Contracting Governments to account 61

Bank accounts 62

Investment 63

Application of moneys by Commission 64

Revenue 65

Tolls 66

Compensation for damage by works 67

PART VII

Reports

Preparation of reports 68

PART VIII

Proceedings in Default

Failure to perform works or contribute cost 69

PART IX

Distribution of Waters

Division 1—Interpretation

Definitions 70

Post Chowilla 71

Division 2—State Entitlements to Water

Measurement of South Australia’s entitlement 72

South Australia’s monthly entitlement 73

Variation of South Australia’s entitlement 74

Use of Lake Victoria 75

Surplus flow to South Australia 76

Entitlements of New South Wales and Victoria 77

New South Wales’ entitlement to water from Menindee Lakes 78

New South Wales’ and Victoria’s supply to South Australia 79

Limitations on use by New South Wales and Victoria 80

Division 3—Control by Commission

Commission’s role in operation of storages 81

Limitations on Menindee Lakes operation 82

Accounting for releases for dilution 83

Procedures for Dartmouth Dam operation 84

Reserve storage 85

Use of State works to convey Murray water 86

SCHEDULE—continued

Clause

Division 4—Water Accounting

General 87

Allocation of water to New South Wales and Victoria 88

Allocation of water in Menindee Lakes Storage 89

Tributary inflows 90

Use by New South Wales and Victoria of allocated water 91

Snowy diversions out of Murray catchment 92

Losses 93

New South Wales’ and Victoria’s supply to South Australia 94

Deferment of continuous accounting of carryover of stored water 95

Reallocation of water between upper States 96

Accounting for quality of inputs from State tributaries and for Snowy Scheme 97

To provide efficient regulation of the Murray River 98

Accounting procedures 99

Accounting for spill from storages 100

Accounting for releases through Dartmouth Dam Power Station 101

Reallocation of water in Menindee Lakes Storage 102

Dilution at Swan Hill and Merbein 103

Division 5—Periods of Restriction

Declaration of restrictions 104

Variation of navigation depths during restrictions 105

Water under the control of the Commission 106

Sharing of water during restrictions 107

South Australian share during restrictions 108

PART X

Lake Victoria Works

Power to store water in Lake Victoria 109

Water stored in Lake Victoria 110

PART XI

Menindee Lakes Storage

Cessation of Menindee Lakes Storage Agreement 111

Maintenance of Menindee Lakes Storage 112

Full supply levels 113

Financial contributions of Commission 114

PART XII

Effect of Snowy Mountains Agreement

Reconciliation with Snowy Mountains Agreement 115

PART XIII

Miscellaneous

Arbitration 116

Proposals to amend Agreement 117

RIVER MURRAY WATERS AGREEMENT

between

View image in the official source

River Murray Waters Act 1983

No. 86 of 1983

An Act to approve and provide for carrying out an agreement entered into between the Commonwealth, New South Wales, Victoria and South Australia with regard to the River Murray, the Menindee Lakes and other waters, and for other purposes

[Assented to 14 November 1983]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the River Murray Waters Act 1983.

Commencement

2. This Act shall come into operation on a date to be fixed by Proclamation.

Interpretation

3. In this Act, unless the contrary intention appears—

“Agreement” means the agreement a copy of which is set out in the Schedule;

“Commission” has the same meaning as in the Agreement;

“Commissioner” means a Commissioner of the Commission and includes a Deputy Commissioner of the Commission when acting as a Commissioner of the Commission;

“Commonwealth member” means the Commissioner or Deputy Commissioner appointed under section 6;

“Constructing Authority” has the same meaning as in the Agreement;

“Contracting Government” has the same meaning as in the Agreement;

“former Agreement” has the same meaning as in the Agreement;

“law of the Commonwealth” includes a law of a Territory;

“works” means works constructed under the former Agreement or constructed, or to be constructed, under the Agreement.

Approval of Agreement

4. The Agreement is approved.

Act to bind Crown

5. This Act binds the Crown in right of the Commonwealth.

Appointment of Commissioner and Deputy Commissioner

6. (1) The Governor-General may appoint a Commissioner and a Deputy Commissioner.

(2) Subject to this Act, a Commonwealth member holds office for such period, not exceeding 5 years, as is specified in the instrument of his appointment, but is eligible for re-appointment.

(3) A Commonwealth member holds office on such terms and conditions (if any) in respect of matters not provided for by this Act or another law of the Commonwealth as are determined by the Governor-General.

(4) The appointment of a Commonwealth member is not invalidated and shall not be called in question by reason of a defect or irregularity in or in connection with his appointment.

Remuneration and allowances

7. (1) A Commonwealth member shall be paid such remuneration (if any) as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration (if any) as is prescribed.

(2) A Commonwealth member shall be paid such allowances (if any) as are prescribed.

(3) This section has effect subject to the Remuneration Tribunals Act 1973.

Resignation

8. A Commonwealth member may resign his office by writing under his hand addressed to the Governor-General but the resignation does not have effect unless and until it is accepted by the Governor-General.

Termination of appointment

9. The Governor-General may at any time terminate the appointment of a Commonwealth member.

Jurisdiction of State courts

10. Nothing in any law of the Commonwealth shall be taken to exclude or limit the jurisdiction of a court of a State in relation to the performance of a duty or the exercise of a power by the Commission or a Commonwealth member.

Appropriation of moneys

11. All moneys required to be provided by the Commonwealth under the Agreement shall be provided out of moneys to be appropriated by the Parliament for the purpose.

Exemption from taxes and charges

12. No tax, charge or fee is payable under a law of the Commonwealth in respect of any works or in respect of any property used in or held for the purposes of any works by a Contracting Government or Constructing Authority.

Evidence

13. (1) Every minute or record of the proceedings of the Commission that is signed by the Commissioners, or a copy of such a minute or record certified as correct under the hand of a Commissioner or the secretary of the Commission, shall be presumed to be correct until the contrary is proved.

(2) A document signed by, and containing a decision of, an arbitrator appointed under the Agreement is, in any proceeding, prima facie evidence of the decision.

(3) A document purporting to be a minute or record, or copy, referred to in sub-section (1) or document referred to in sub-section (2) shall, unless the contrary is established, be deemed to be such a minute or record, copy or document, as the case may be.

Certain documents to be laid before Parliament

14. All reports and statements received under the Agreement by the Governor-General shall be laid before both Houses of the Parliament without delay.

Regulations

15. The Governor-General may make regulations, not inconsistent with this Act, prescribing matters—

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Amendment of Snowy Mountains Hydro-electric Power Act

16. Section 5b of the Snowy Mountains Hydro-electric Power Act 1949 is amended by omitting “agreements copies of which are set out in the Schedules to the River Murray Waters Act 1915” and substituting “agreement a copy of which is set out in the Schedule to the River Murray Waters Act 1983”.

Repeal and Transitional

17. (1) The following Acts are repealed:

Menindee Lakes Storage Agreement Act 1963;

River Murray Waters Act 1915;

River Murray Waters Act 1923;

River Murray Waters Act 1934;

River Murray Waters Act 1948;

River Murray Waters Act 1954;

River Murray Waters Act 1958;

River Murray Waters Act 1963;

River Murray Waters Act 1970;

River Murray Waters Act 1974.

(2) A person who, immediately before the commencement of this Act, held office as the Commissioner or the Deputy Commissioner appointed under section 6 of the River Murray Waters Act 1915, continues to hold office, subject to this Act, for the remainder of his term of office as if he had been appointed as the Commissioner or the Deputy Commissioner, as the case may be, under section 6 of this Act.

SCHEDULE Section 3

RIVER MURRAY WATERS AGREEMENT

between

THE COMMONWEALTH OF AUSTRALIA

THE STATE OF NEW SOUTH WALES

THE STATE OF VICTORIA

THE STATE OF SOUTH AUSTRALIA

1982

INDEX

PART I

Interpretation Clause

Definitions 1

Interpretation 2

PART II

Approval and Enforcement

Substitution 3

Approval 4

Submission to Parliament 5

Parties to provide for enforcement of Agreement and Acts 6

PART III

The Commission

Constitution 7, 8

Appointment of Commissioners and Deputy Commissioners 9

Term of Appointment 10

Continuation in Office 11

When Deputy Commissioner may act 12

Powers of Commissioners 13

Remuneration of Commissioners and Deputy Commissioners 14

Removal from office 15

Resignation 16

SCHEDULE—continued

Clause

Vacancies 17

Validity of proceedings 18

Meetings of the Commission 19

Delegation 20

Appointment of Committees 21

Officers of the Commission 22

Employment of officers in public service or in statutory authorities 23

Liability for acts of Commissioners and officers 24

PART IV

Water Quality and Control

Studies and investigations 25

Measurements of water quantity and quality 26

Water quality objectives and standards 27

Recommendations re water quantity and quality 28

Commission to be informed of new proposals 29

Regard to be had to river and water management objectives 30

Protection of catchment of Hume Reservoir 31

PART V

Construction, Operation and Maintenance of Works

Major works subject to the Agreement 32

Authorisation of additional works 33

Ancillary, preventative and remedial works 34

Preparation and submission of designs, etc. for Commission approval 35

Commission and Government approval of certain tenders 36

Directions for the efficient construction etc. of works 37

Completion of Chowilla Reservoir 38

States to facilitate construction and operation within their territories 39

Works for benefit of State Contracting Governments 40

Declaration that works effective 41

Maintenance of works 42

Procedures for operation and control of works 43

Dredging and snagging 44

Operation and control of works 45

Performance of joint duties 46

Ineffective works 47

PART VI

Finance

Apportionment of costs 48

Financial year 49

Detailed estimates of expenditure 50

Excess expenditure 51

Forward estimates 52

Payments by Contracting Governments 53

SCHEDULE—continued

Clause

Payments by Commission to States 54

Unexpended balances 55

Disposal of surplus assets 56

Proper accounts to be kept 57

List of assets 58

Audit 59

Commission to account 60

Contracting Governments to account 61

Bank accounts 62

Investment 63

Application of moneys by Commission 64

Revenue 65

Tolls 66

Compensation for damage by works 67

PART VII

Reports

Preparation of reports 68

PART VIII

Proceedings in Default

Failure to perform works or contribute cost 69

PART IX

Distribution of Waters

Division 1—Interpretation

Definitions 70

Post Chowilla 71

Division 2—State Entitlements to Water

Measurement of South Australia’s entitlement 72

South Australia’s monthly entitlement 73

Variation of South Australia’s entitlement 74

Use of Lake Victoria 75

Surplus flow to South Australia 76

Entitlements of New South Wales and Victoria 77

New South Wales’ entitlement to water from Menindee Lakes 78

New South Wales’ and Victoria’s supply to South Australia 79

Limitations on use by New South Wales and Victoria 80

Division 3—Control by Commission

Commission’s role in operation of storages 81

Limitations on Menindee Lakes operation 82

Accounting for releases for dilution 83

Procedures for Dartmouth Dam operation 84

Reserve storage 85

Use of State works to convey Murray water 86

SCHEDULE—continued

Clause

Division 4—Water Accounting

General 87

Allocation of water to New South Wales and Victoria 88

Allocation of water in Menindee Lakes Storage 89

Tributary inflows 90

Use by New South Wales and Victoria of allocated water 91

Snowy diversions out of Murray catchment 92

Losses 93

New South Wales’ and Victoria’s supply to South Australia 94

Deferment of continuous accounting of carryover of stored water 95

Reallocation of water between upper States 96

Accounting for quality of inputs from State tributaries and for Snowy Scheme 97

To provide efficient regulation of the Murray River 98

Accounting procedures 99

Accounting for spill from storages 100

Accounting for releases through Dartmouth Dam Power Station 101

Reallocation of water in Menindee Lakes Storage 102

Dilution at Swan Hill and Merbein 103

Division 5—Periods of Restriction

Declaration of restrictions 104

Variation of navigation depths during restrictions 105

Water under the control of the Commission 106

Sharing of water during restrictions 107

South Australian share during restrictions 108

PART X

Lake Victoria Works

Power to store water in Lake Victoria 109

Water stored in Lake Victoria 110

PART XI

Menindee Lakes Storage

Cessation of Menindee Lakes Storage Agreement 111

Maintenance of Menindee Lakes Storage 112

Full supply levels 113

Financial contributions of Commission 114

PART XII

Effect of Snowy Mountains Agreement

Reconciliation with Snowy Mountains Agreement 115

PART XIII

Miscellaneous

Arbitration 116

Proposals to amend Agreement 117

View image in the official source

River Murray Waters Act 1983

No. 86 of 1983

An Act to approve and provide for carrying out an agreement entered into between the Commonwealth, New South Wales, Victoria and South Australia with regard to the River Murray, the Menindee Lakes and other waters, and for other purposes

[Assented to 14 November 1983]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the River Murray Waters Act 1983.

Commencement

2. This Act shall come into operation on a date to be fixed by Proclamation.

Interpretation

3. In this Act, unless the contrary intention appears—

“Agreement” means the agreement a copy of which is set out in the Schedule;

“Commission” has the same meaning as in the Agreement;

“Commissioner” means a Commissioner of the Commission and includes a Deputy Commissioner of the Commission when acting as a Commissioner of the Commission;

“Commonwealth member” means the Commissioner or Deputy Commissioner appointed under section 6;

“Constructing Authority” has the same meaning as in the Agreement;

“Contracting Government” has the same meaning as in the Agreement;

“former Agreement” has the same meaning as in the Agreement;

“law of the Commonwealth” includes a law of a Territory;

“works” means works constructed under the former Agreement or constructed, or to be constructed, under the Agreement.

Approval of Agreement

4. The Agreement is approved.

Act to bind Crown

5. This Act binds the Crown in right of the Commonwealth.

Appointment of Commissioner and Deputy Commissioner

6. (1) The Governor-General may appoint a Commissioner and a Deputy Commissioner.

(2) Subject to this Act, a Commonwealth member holds office for such period, not exceeding 5 years, as is specified in the instrument of his appointment, but is eligible for re-appointment.

(3) A Commonwealth member holds office on such terms and conditions (if any) in respect of matters not provided for by this Act or another law of the Commonwealth as are determined by the Governor-General.

(4) The appointment of a Commonwealth member is not invalidated and shall not be called in question by reason of a defect or irregularity in or in connection with his appointment.

Remuneration and allowances

7. (1) A Commonwealth member shall be paid such remuneration (if any) as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration (if any) as is prescribed.

(2) A Commonwealth member shall be paid such allowances (if any) as are prescribed.

(3) This section has effect subject to the Remuneration Tribunals Act 1973.

Resignation

8. A Commonwealth member may resign his office by writing under his hand addressed to the Governor-General but the resignation does not have effect unless and until it is accepted by the Governor-General.

Termination of appointment

9. The Governor-General may at any time terminate the appointment of a Commonwealth member.

Jurisdiction of State courts

10. Nothing in any law of the Commonwealth shall be taken to exclude or limit the jurisdiction of a court of a State in relation to the performance of a duty or the exercise of a power by the Commission or a Commonwealth member.

Appropriation of moneys

11. All moneys required to be provided by the Commonwealth under the Agreement shall be provided out of moneys to be appropriated by the Parliament for the purpose.

Exemption from taxes and charges

12. No tax, charge or fee is payable under a law of the Commonwealth in respect of any works or in respect of any property used in or held for the purposes of any works by a Contracting Government or Constructing Authority.

Evidence

13. (1) Every minute or record of the proceedings of the Commission that is signed by the Commissioners, or a copy of such a minute or record certified as correct under the hand of a Commissioner or the secretary of the Commission, shall be presumed to be correct until the contrary is proved.

(2) A document signed by, and containing a decision of, an arbitrator appointed under the Agreement is, in any proceeding, prima facie evidence of the decision.

(3) A document purporting to be a minute or record, or copy, referred to in sub-section (1) or document referred to in sub-section (2) shall, unless the contrary is established, be deemed to be such a minute or record, copy or document, as the case may be.

Certain documents to be laid before Parliament

14. All reports and statements received under the Agreement by the Governor-General shall be laid before both Houses of the Parliament without delay.

Regulations

15. The Governor-General may make regulations, not inconsistent with this Act, prescribing matters—

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Amendment of Snowy Mountains Hydro-electric Power Act

16. Section 5b of the Snowy Mountains Hydro-electric Power Act 1949 is amended by omitting “agreements copies of which are set out in the Schedules to the River Murray Waters Act 1915” and substituting “agreement a copy of which is set out in the Schedule to the River Murray Waters Act 1983”.

Repeal and Transitional

17. (1) The following Acts are repealed:

Menindee Lakes Storage Agreement Act 1963;

River Murray Waters Act 1915;

River Murray Waters Act 1923;

River Murray Waters Act 1934;

River Murray Waters Act 1948;

River Murray Waters Act 1954;

River Murray Waters Act 1958;

River Murray Waters Act 1963;

River Murray Waters Act 1970;

River Murray Waters Act 1974.

(2) A person who, immediately before the commencement of this Act, held office as the Commissioner or the Deputy Commissioner appointed under section 6 of the River Murray Waters Act 1915, continues to hold office, subject to this Act, for the remainder of his term of office as if he had been appointed as the Commissioner or the Deputy Commissioner, as the case may be, under section 6 of this Act.

SCHEDULE Section 3

RIVER MURRAY WATERS AGREEMENT

between

THE COMMONWEALTH OF AUSTRALIA

THE STATE OF NEW SOUTH WALES

THE STATE OF VICTORIA

THE STATE OF SOUTH AUSTRALIA

1982

INDEX

PART I

Interpretation Clause

Definitions 1

Interpretation 2

PART II

Approval and Enforcement

Substitution 3

Approval 4

Submission to Parliament 5

Parties to provide for enforcement of Agreement and Acts 6

PART III

The Commission

Constitution 7, 8

Appointment of Commissioners and Deputy Commissioners 9

Term of Appointment 10

Continuation in Office 11

When Deputy Commissioner may act 12

Powers of Commissioners 13

Remuneration of Commissioners and Deputy Commissioners 14

Removal from office 15

Resignation 16

SCHEDULE—continued

Clause

Vacancies 17

Validity of proceedings 18

Meetings of the Commission 19

Delegation 20

Appointment of Committees 21

Officers of the Commission 22

Employment of officers in public service or in statutory authorities 23

Liability for acts of Commissioners and officers 24

PART IV

Water Quality and Control

Studies and investigations 25

Measurements of water quantity and quality 26

Water quality objectives and standards 27

Recommendations re water quantity and quality 28

Commission to be informed of new proposals 29

Regard to be had to river and water management objectives 30

Protection of catchment of Hume Reservoir 31

PART V

Construction, Operation and Maintenance of Works

Major works subject to the Agreement 32

Authorisation of additional works 33

Ancillary, preventative and remedial works 34

Preparation and submission of designs, etc. for Commission approval 35

Commission and Government approval of certain tenders 36

Directions for the efficient construction etc. of works 37

Completion of Chowilla Reservoir 38

States to facilitate construction and operation within their territories 39

Works for benefit of State Contracting Governments 40

Declaration that works effective 41

Maintenance of works 42

Procedures for operation and control of works 43

Dredging and snagging 44

Operation and control of works 45

Performance of joint duties 46

Ineffective works 47

PART VI

Finance

Apportionment of costs 48

Financial year 49

Detailed estimates of expenditure 50

Excess expenditure 51

Forward estimates 52

Payments by Contracting Governments 53

SCHEDULE—continued

Clause

Payments by Commission to States 54

Unexpended balances 55

Disposal of surplus assets 56

Proper accounts to be kept 57

List of assets 58

Audit 59

Commission to account 60

Contracting Governments to account 61

Bank accounts 62

Investment 63

Application of moneys by Commission 64

Revenue 65

Tolls 66

Compensation for damage by works 67

PART VII

Reports

Preparation of reports 68

PART VIII

Proceedings in Default

Failure to perform works or contribute cost 69

PART IX

Distribution of Waters

Division 1—Interpretation

Definitions 70

Post Chowilla 71

Division 2—State Entitlements to Water

Measurement of South Australia’s entitlement 72

South Australia’s monthly entitlement 73

Variation of South Australia’s entitlement 74

Use of Lake Victoria 75

Surplus flow to South Australia 76

Entitlements of New South Wales and Victoria 77

New South Wales’ entitlement to water from Menindee Lakes 78

New South Wales’ and Victoria’s supply to South Australia 79

Limitations on use by New South Wales and Victoria 80

Division 3—Control by Commission

Commission’s role in operation of storages 81

Limitations on Menindee Lakes operation 82

Accounting for releases for dilution 83

Procedures for Dartmouth Dam operation 84

Reserve storage 85

Use of State works to convey Murray water 86

SCHEDULE—continued

Clause

Division 4—Water Accounting

General 87

Allocation of water to New South Wales and Victoria 88

Allocation of water in Menindee Lakes Storage 89

Tributary inflows 90

Use by New South Wales and Victoria of allocated water 91

Snowy diversions out of Murray catchment 92

Losses 93

New South Wales’ and Victoria’s supply to South Australia 94

Deferment of continuous accounting of carryover of stored water 95

Reallocation of water between upper States 96

Accounting for quality of inputs from State tributaries and for Snowy Scheme 97

To provide efficient regulation of the Murray River 98

Accounting procedures 99

Accounting for spill from storages 100

Accounting for releases through Dartmouth Dam Power Station 101

Reallocation of water in Menindee Lakes Storage 102

Dilution at Swan Hill and Merbein 103

Division 5—Periods of Restriction

Declaration of restrictions 104

Variation of navigation depths during restrictions 105

Water under the control of the Commission 106

Sharing of water during restrictions 107

South Australian share during restrictions 108

PART X

Lake Victoria Works

Power to store water in Lake Victoria 109

Water stored in Lake Victoria 110

PART XI

Menindee Lakes Storage

Cessation of Menindee Lakes Storage Agreement 111

Maintenance of Menindee Lakes Storage 112

Full supply levels 113

Financial contributions of Commission 114

PART XII

Effect of Snowy Mountains Agreement

Reconciliation with Snowy Mountains Agreement 115

PART XIII

Miscellaneous

Arbitration 116

Proposals to amend Agreement 117

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River Murray Waters Act 1983

No. 86 of 1983

An Act to approve and provide for carrying out an agreement entered into between the Commonwealth, New South Wales, Victoria and South Australia with regard to the River Murray, the Menindee Lakes and other waters, and for other purposes

[Assented to 14 November 1983]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the River Murray Waters Act 1983.

Commencement

2. This Act shall come into operation on a date to be fixed by Proclamation.

Interpretation

3. In this Act, unless the contrary intention appears—

“Agreement” means the agreement a copy of which is set out in the Schedule;

“Commission” has the same meaning as in the Agreement;

“Commissioner” means a Commissioner of the Commission and includes a Deputy Commissioner of the Commission when acting as a Commissioner of the Commission;

“Commonwealth member” means the Commissioner or Deputy Commissioner appointed under section 6;

“Constructing Authority” has the same meaning as in the Agreement;

“Contracting Government” has the same meaning as in the Agreement;

“former Agreement” has the same meaning as in the Agreement;

“law of the Commonwealth” includes a law of a Territory;

“works” means works constructed under the former Agreement or constructed, or to be constructed, under the Agreement.

Approval of Agreement

4. The Agreement is approved.

Act to bind Crown

5. This Act binds the Crown in right of the Commonwealth.

Appointment of Commissioner and Deputy Commissioner

6. (1) The Governor-General may appoint a Commissioner and a Deputy Commissioner.

(2) Subject to this Act, a Commonwealth member holds office for such period, not exceeding 5 years, as is specified in the instrument of his appointment, but is eligible for re-appointment.

(3) A Commonwealth member holds office on such terms and conditions (if any) in respect of matters not provided for by this Act or another law of the Commonwealth as are determined by the Governor-General.

(4) The appointment of a Commonwealth member is not invalidated and shall not be called in question by reason of a defect or irregularity in or in connection with his appointment.

Remuneration and allowances

7. (1) A Commonwealth member shall be paid such remuneration (if any) as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration (if any) as is prescribed.

(2) A Commonwealth member shall be paid such allowances (if any) as are prescribed.

(3) This section has effect subject to the Remuneration Tribunals Act 1973.

Resignation

8. A Commonwealth member may resign his office by writing under his hand addressed to the Governor-General but the resignation does not have effect unless and until it is accepted by the Governor-General.

Termination of appointment

9. The Governor-General may at any time terminate the appointment of a Commonwealth member.

Jurisdiction of State courts

10. Nothing in any law of the Commonwealth shall be taken to exclude or limit the jurisdiction of a court of a State in relation to the performance of a duty or the exercise of a power by the Commission or a Commonwealth member.

Appropriation of moneys

11. All moneys required to be provided by the Commonwealth under the Agreement shall be provided out of moneys to be appropriated by the Parliament for the purpose.

Exemption from taxes and charges

12. No tax, charge or fee is payable under a law of the Commonwealth in respect of any works or in respect of any property used in or held for the purposes of any works by a Contracting Government or Constructing Authority.

Evidence

13. (1) Every minute or record of the proceedings of the Commission that is signed by the Commissioners, or a copy of such a minute or record certified as correct under the hand of a Commissioner or the secretary of the Commission, shall be presumed to be correct until the contrary is proved.

(2) A document signed by, and containing a decision of, an arbitrator appointed under the Agreement is, in any proceeding, prima facie evidence of the decision.

(3) A document purporting to be a minute or record, or copy, referred to in sub-section (1) or document referred to in sub-section (2) shall, unless the contrary is established, be deemed to be such a minute or record, copy or document, as the case may be.

Certain documents to be laid before Parliament

14. All reports and statements received under the Agreement by the Governor-General shall be laid before both Houses of the Parliament without delay.

Regulations

15. The Governor-General may make regulations, not inconsistent with this Act, prescribing matters—

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Amendment of Snowy Mountains Hydro-electric Power Act

16. Section 5b of the Snowy Mountains Hydro-electric Power Act 1949 is amended by omitting “agreements copies of which are set out in the Schedules to the River Murray Waters Act 1915” and substituting “agreement a copy of which is set out in the Schedule to the River Murray Waters Act 1983”.

Repeal and Transitional

17. (1) The following Acts are repealed:

Menindee Lakes Storage Agreement Act 1963;

River Murray Waters Act 1915;

River Murray Waters Act 1923;

River Murray Waters Act 1934;

River Murray Waters Act 1948;

River Murray Waters Act 1954;

River Murray Waters Act 1958;

River Murray Waters Act 1963;

River Murray Waters Act 1970;

River Murray Waters Act 1974.

(2) A person who, immediately before the commencement of this Act, held office as the Commissioner or the Deputy Commissioner appointed under section 6 of the River Murray Waters Act 1915, continues to hold office, subject to this Act, for the remainder of his term of office as if he had been appointed as the Commissioner or the Deputy Commissioner, as the case may be, under section 6 of this Act.

SCHEDULE Section 3

RIVER MURRAY WATERS AGREEMENT

between

THE COMMONWEALTH OF AUSTRALIA

THE STATE OF NEW SOUTH WALES

THE STATE OF VICTORIA

THE STATE OF SOUTH AUSTRALIA

1982

INDEX

PART I

Interpretation Clause

Definitions 1

Interpretation 2

PART II

Approval and Enforcement

Substitution 3

Approval 4

Submission to Parliament 5

Parties to provide for enforcement of Agreement and Acts 6

PART III

The Commission

Constitution 7, 8

Appointment of Commissioners and Deputy Commissioners 9

Term of Appointment 10

Continuation in Office 11

When Deputy Commissioner may act 12

Powers of Commissioners 13

Remuneration of Commissioners and Deputy Commissioners 14

Removal from office 15

Resignation 16

SCHEDULE—continued

Clause

Vacancies 17

Validity of proceedings 18

Meetings of the Commission 19

Delegation 20

Appointment of Committees 21

Officers of the Commission 22

Employment of officers in public service or in statutory authorities 23

Liability for acts of Commissioners and officers 24

PART IV

Water Quality and Control

Studies and investigations 25

Measurements of water quantity and quality 26

Water quality objectives and standards 27

Recommendations re water quantity and quality 28

Commission to be informed of new proposals 29

Regard to be had to river and water management objectives 30

Protection of catchment of Hume Reservoir 31

PART V

Construction, Operation and Maintenance of Works

Major works subject to the Agreement 32

Authorisation of additional works 33

Ancillary, preventative and remedial works 34

Preparation and submission of designs, etc. for Commission approval 35

Commission and Government approval of certain tenders 36

Directions for the efficient construction etc. of works 37

Completion of Chowilla Reservoir 38

States to facilitate construction and operation within their territories 39

Works for benefit of State Contracting Governments 40

Declaration that works effective 41

Maintenance of works 42

Procedures for operation and control of works 43

Dredging and snagging 44

Operation and control of works 45

Performance of joint duties 46

Ineffective works 47

PART VI

Finance

Apportionment of costs 48

Financial year 49

Detailed estimates of expenditure 50

Excess expenditure 51

Forward estimates 52

Payments by Contracting Governments 53

SCHEDULE—continued

Clause

Payments by Commission to States 54

Unexpended balances 55

Disposal of surplus assets 56

Proper accounts to be kept 57

List of assets 58

Audit 59

Commission to account 60

Contracting Governments to account 61

Bank accounts 62

Investment 63

Application of moneys by Commission 64

Revenue 65

Tolls 66

Compensation for damage by works 67

PART VII

Reports

Preparation of reports 68

PART VIII

Proceedings in Default

Failure to perform works or contribute cost 69

PART IX

Distribution of Waters

Division 1—Interpretation

Definitions 70

Post Chowilla 71

Division 2—State Entitlements to Water

Measurement of South Australia’s entitlement 72

South Australia’s monthly entitlement 73

Variation of South Australia’s entitlement 74

Use of Lake Victoria 75

Surplus flow to South Australia 76

Entitlements of New South Wales and Victoria 77

New South Wales’ entitlement to water from Menindee Lakes 78

New South Wales’ and Victoria’s supply to South Australia 79

Limitations on use by New South Wales and Victoria 80

Division 3—Control by Commission

Commission’s role in operation of storages 81

Limitations on Menindee Lakes operation 82

Accounting for releases for dilution 83

Procedures for Dartmouth Dam operation 84

Reserve storage 85

Use of State works to convey Murray water 86

SCHEDULE—continued

Clause

Division 4—Water Accounting

General 87

Allocation of water to New South Wales and Victoria 88

Allocation of water in Menindee Lakes Storage 89

Tributary inflows 90

Use by New South Wales and Victoria of allocated water 91

Snowy diversions out of Murray catchment 92

Losses 93

New South Wales’ and Victoria’s supply to South Australia 94

Deferment of continuous accounting of carryover of stored water 95

Reallocation of water between upper States 96

Accounting for quality of inputs from State tributaries and for Snowy Scheme 97

To provide efficient regulation of the Murray River 98

Accounting procedures 99

Accounting for spill from storages 100

Accounting for releases through Dartmouth Dam Power Station 101

Reallocation of water in Menindee Lakes Storage 102

Dilution at Swan Hill and Merbein 103

Division 5—Periods of Restriction

Declaration of restrictions 104

Variation of navigation depths during restrictions 105

Water under the control of the Commission 106

Sharing of water during restrictions 107

South Australian share during restrictions 108

PART X

Lake Victoria Works

Power to store water in Lake Victoria 109

Water stored in Lake Victoria 110

PART XI

Menindee Lakes Storage

Cessation of Menindee Lakes Storage Agreement 111

Maintenance of Menindee Lakes Storage 112

Full supply levels 113

Financial contributions of Commission 114

PART XII

Effect of Snowy Mountains Agreement

Reconciliation with Snowy Mountains Agreement 115

PART XIII

Miscellaneous

Arbitration 116

Proposals to amend Agreement 117

THE STATE OF SOUTH AUSTRALIA

1982

INDEX

PART I

Interpretation Clause

Definitions 1

Interpretation 2

PART II

Approval and Enforcement

Substitution 3

Approval 4

Submission to Parliament 5

Parties to provide for enforcement of Agreement and Acts 6

PART III

The Commission

Constitution 7, 8

Appointment of Commissioners and Deputy Commissioners 9

Term of Appointment 10

Continuation in Office 11

When Deputy Commissioner may act 12

Powers of Commissioners 13

Remuneration of Commissioners and Deputy Commissioners 14

Removal from office 15

Resignation 16

SCHEDULE—continued

Clause

Vacancies 17

Validity of proceedings 18

Meetings of the Commission 19

Delegation 20

Appointment of Committees 21

Officers of the Commission 22

Employment of officers in public service or in statutory authorities 23

Liability for acts of Commissioners and officers 24

PART IV

Water Quality and Control

Studies and investigations 25

Measurements of water quantity and quality 26

Water quality objectives and standards 27

Recommendations re water quantity and quality 28

Commission to be informed of new proposals 29

Regard to be had to river and water management objectives 30

Protection of catchment of Hume Reservoir 31

PART V

Construction, Operation and Maintenance of Works

Major works subject to the Agreement 32

Authorisation of additional works 33

Ancillary, preventative and remedial works 34

Preparation and submission of designs, etc. for Commission approval 35

Commission and Government approval of certain tenders 36

Directions for the efficient construction etc. of works 37

Completion of Chowilla Reservoir 38

States to facilitate construction and operation within their territories 39

Works for benefit of State Contracting Governments 40

Declaration that works effective 41

Maintenance of works 42

Procedures for operation and control of works 43

Dredging and snagging 44

Operation and control of works 45

Performance of joint duties 46

Ineffective works 47

PART VI

Finance

Apportionment of costs 48

Financial year 49

Detailed estimates of expenditure 50

Excess expenditure 51

Forward estimates 52

Payments by Contracting Governments 53

PART VII

Reports

Preparation of reports 68

PART VIII

Proceedings in Default

Failure to perform works or contribute cost 69

PART IX

Distribution of Waters

Division 1—Interpretation

Definitions 70

Post Chowilla 71

Division 2—State Entitlements to Water

Measurement of South Australia’s entitlement 72

South Australia’s monthly entitlement 73

Variation of South Australia’s entitlement 74

Use of Lake Victoria 75

Surplus flow to South Australia 76

Entitlements of New South Wales and Victoria 77

New South Wales’ entitlement to water from Menindee Lakes 78

New South Wales’ and Victoria’s supply to South Australia 79

Limitations on use by New South Wales and Victoria 80

Division 3—Control by Commission

Commission’s role in operation of storages 81

Limitations on Menindee Lakes operation 82

Accounting for releases for dilution 83

Procedures for Dartmouth Dam operation 84

Reserve storage 85

Use of State works to convey Murray water 86

PART X

Lake Victoria Works

Power to store water in Lake Victoria 109

Water stored in Lake Victoria 110

PART XI

Menindee Lakes Storage

Cessation of Menindee Lakes Storage Agreement 111

Maintenance of Menindee Lakes Storage 112

Full supply levels 113

Financial contributions of Commission 114

PART XII

Effect of Snowy Mountains Agreement

Reconciliation with Snowy Mountains Agreement 115

PART XIII

Miscellaneous

Arbitration 116

Proposals to amend Agreement 117

SCHEDULE A

Description of Works

AN AGREEMENT made the First day of October One thousand nine hundred and eighty-two between—

THE COMMONWEALTH OF AUSTRALIA of the first part,

THE STATE OF NEW SOUTH WALES of the second part,

THE STATE OF VICTORIA of the third part, and

THE STATE OF SOUTH AUSTRALIA of the fourth part.

WHEREAS on 9 September 1914 an Agreement was entered into by the Prime Minister of the Commonwealth of Australia and the Premiers of the States of New South Wales, Victoria and South Australia with regard to the economical use of the waters of the River Murray and its tributaries for irrigation and navigation and to the reconciling of the interests of the Commonwealth and the said States which Agreement was ratified and approved by the Parliament of the Commonwealth of Australia and the Parliaments of the said States and which Agreement is hereinafter referred to as the First Agreement:

AND WHEREAS by further Agreements dated 10 August 1923, 23 July 1934, 26 November 1948, 2 November 1954, 11 September 1958, 8 October 1963 and 26 February 1970, all made between the Prime Minister of the Commonwealth of Australia and the Premiers of the States of New South Wales, Victoria and South Australia certain provisions of the First Agreement were modified:

AND WHEREAS the further recited Agreements were all subsequently ratified and approved by the Parliament of the Commonwealth of Australia and by the Parliaments of the said States:

AND WHEREAS it is desirable to consolidate the provisions of the First Agreement and further recited Agreements, and to incorporate certain recommendations concerning the quality of waters and to provide for certain other matters in addition to and in substitution for certain provisions of the First Agreement and the further recited Agreements:

NOW IT IS HEREBY AGREED as follows—

Division 1—Interpretation

Definitions

70. For the purposes of this Part only—

“period of restriction” means a period of restriction declared under clause 104;

“upper river” means the aggregate of: —

(a) the main course of the River Murray upstream of the eastern boundary of the State of South Australia;

(b) all tributaries entering the said main course upstream of Doctors Point:

(c) all effluents and anabranches of the said main course, excepting such as may be excepted by the Commission;

(d) the water courses connecting Lake Victoria to the said main course;

(e) the Darling River downstream of Menindee;

(f) the Great Darling Anabranch; and

(g) the upper river storages;

“upper river storages” means Lake Victoria, the Menindee Lakes Storage, and the storages formed by Dartmouth Dam, Hume Dam and by those weirs, and weirs and locks, described in Schedule A which are situated upstream of the eastern boundary of the State of South Australia;

‘“upper States” means the States of New South Wales and Victoria;

“water available for release at the direction of the Commission” means water physically capable of being released from a storage other than water the release of which cannot be required by virtue of sub-clause 82 (1).

Post Chowilla

71. Upon the Chowilla Reservoir being declared to have become effective for the purposes of this Agreement—

(a) the provisions of this Part shall be construed as if—

(i) in the definition of “upper river”, the words “Chowilla Reservoir outlet” were substituted for the words “eastern boundary of the State of South Australia”;

(ii) in sub-clause 72 (1), the words “Water released from and water diverted by the State of South Australia from the Chowilla Reservoir” were substituted for the words “Water flowing in the River Murray past the eastern boundary of the State of South Australia”;

(iii) sub-clause 72 (2) and clause 75 were deleted;

(iv) in sub-clause 78 (3) and clauses 85 and 104, the words “Chowilla Reservoir” were substituted for the words “Lake Victoria”.

(b) until the Lake Victoria works are declared to have become ineffective for the purposes of this Agreement, the provisions of this Part shall be construed as if—

(i) in the definition of “upper river storages”, the words “Chowilla Reservoir,” were inserted before the words “Lake Victoria”;

(ii) in paragraph 106 (b), the words “the Chowilla Reservoir and” were inserted before the words “Lake Victoria”; and

(c) upon the Lake Victoria works being declared to have become ineffective for the purposes of this Agreement, the provisions of this Part shall be construed as if—

(i) in the definition of “upper river”, paragraph (d) were deleted;

Division 2—State Entitlements to Water

Measurement of South Australia’s entitlement

72. (1) Water flowing in the River Murray past the eastern boundary of the State of South Australia shall be deemed to be supplied to and received by that State.

(2) The quantity of water so flowing in any month shall be deemed to be the sum of the quantities, as determined by the Commission by appropriate measurements, flowing in the same month in—

(i) the River Murray between the confluences of the Rufus and Lindsay Rivers with the River Murray, and

(ii) the Lindsay River near its confluence with the River Murray

or shall be determined in such other manner as the Commission may from time to time decide.

South Australia’s monthly entitlement

73. The State of South Australia shall be entitled to receive—

(a) at times other than a period of restriction, the following monthly quantities:

July................108,500 megalitres

August..............124,000 megalitres

September............135,000 megalitres

October..............170,500 megalitres

November............180,000 megalitres

December............217,000 megalitres

January..............217,000 megalitres

February.............194,000 megalitres

March...............186,000 megalitres

April................135,000 megalitres

May.................93,000 megalitres

June.................90,000 megalitres

(b) during a period of restriction, monthly quantities equal to the lesser of:—

(i) the monthly quantities to which the State of South Australia is entitled under clause 108, and

(ii) the monthly quantities set out in paragraph 73 (a) for the months occurring in that period.

Variation of South Australia’s entitlements

74. The Commission may from time to time, at the request of the Commissioner for South Australia, vary for a specified sequence of months any of the monthly quantities which that State is entitled to receive under clause 73 without increasing the total of those quantities for that sequence.

Use of Lake Victoria

75. If the Commission decides that the flow or prospective flow of the River Murray downstream of its junction with the Great Darling Anabranch is, or will be for any month in excess of the sum of—

(a) the quantities which the State of South Australia is entitled to receive in that month under clause 73 or 74;

(b) any quantities which, in the opinion of the Commission, ought to be and can be impounded in Lake Victoria during that month with the object of filling that storage at some time before the end of the next ensuing month of May; and

(c) any quantities required for use by the upper States, downstream of the junction of the River Murray and the Great Darling Anabranch,

the State of South Australia may receive that excess in addition to the quantity of water which it is entitled to receive under clause 73 or 74.

Division 3—Control by Commission

Commission’s role in operation of storages

81. (1) Release of water from the upper river storages shall be in accordance with such directions as the Commission may issue from time to time. Without limiting the generality of clauses 43 and 45, the Commission may issue such directions in the form of standing procedures and, subject to clause 84, may at any time amend or suspend the whole or any part of such procedures.

SCHEDULE—continued

(2) In determining any direction to be issued under this clause—

(a) the Commission shall have regard to—

(i) maintaining the supply to the State of South Australia of the quantities of water that that State is entitled to receive,

(ii) maintaining a reserve of water as provided for in clause 85, and

(iii) facilitating the exercise by the upper States, as they require, of their respective rights to use water from the upper river, and

(b) subject to clause 83, the Commission may have regard to—

(i) the improvement or maintenance of the quality of the waters in the upper river or in the River Murray downstream of the eastern boundary of the State of South Australia, and

(ii) the pursuit of any other water management objectives consistent with this Agreement.

Limitations on Menindee Lakes operation

82. (1) No direction under clause 81 shall require the release of water from the Menindee Lakes Storage at any time after the volume of water stored therein is reduced to less than 480,000 megalitres until that volume next exceeds 640,000 megalitres.

(2) Any direction of the Commission requiring the release of water from the Menindee Lakes Storage when sub-clause 82 (1) does not apply, shall be determined by a majority vote of the four Commissioners or, if the four Commissioners are equally divided, by the casting vote of the Commissioner for the Commonwealth.

Accounting for releases for dilution

83. (1) No direction under clause 81 issued solely for the purposes referred to in paragraph 81 (2) (b) shall require the release of water from any upper river storage, unless—

(a) the release of water is in accordance with sub-clause 83 (2) or 83 (3), or

(b) the Commission has determined how much of the volume to be released under its direction is to be contributed from water allocated respectively to the States of New South Wales and Victoria. In such a determination the Commission shall have consideration to the quality of the water entering the upper river below Doctors Point.

(2) The flow passing Torrumbarry Weir shall, as far as possible, be regulated so as to prevent the electro-conductivity of the river water at Swan Hill exceeding 500 microsiemens per centimetre at twenty-five degrees Celsius, but, unless the Commission directs otherwise, such flow shall not be required to exceed 3,900 megalitres per day except when needed to meet downstream water requirements.

(3) The flow passing Euston Weir shall, as far as possible, be regulated so as to prevent the electro-conductivity of the river water at Merbein exceeding 500 microsiemens per centimetre at twenty-five degrees Celsius, but, unless the Commission directs otherwise, such flow shall not be required to exceed 2,450 megalitres per day plus the combined diversion requirements of the pumping districts of Red Cliffs, First Mildura Irrigation Trust, Merbein, Coomealla and Curlwaa, except when needed to meet downstream water requirements.

Procedures for Dartmouth Dam operation

84. Insofar as procedures for the operation and control of Dartmouth Reservoir affect the release of water through the power station of that Reservoir, the Commission may not amend such procedures or, except in an emergency, suspend any part of such procedures, without prior consultation with the State Electricity Commission of Victoria and the Constructing Authority for Victoria.

Reserve storage

85. The Commission may from time to time determine the volume of a reserve of water to be held in the upper river storages at the 31st day of May next ensuing; provided that, unless the Commission otherwise determines, the volume of such reserve shall be 2,500,000 megalitres of which not less than 250,000 megalitres shall be in Lake Victoria.

Use of State Works to convey Murray water

86. Subject to such terms and conditions as may be agreed between the Commission and an upper State, the Commission may arrange for the conveyance of water from one part to another of the upper river via works under the control of that State.

Division 4—Water Accounting

General

87. For the purpose of giving effect to the principles set out in the preceding Divisions of this Part, the following provisions shall apply.

Allocation of water to New South Wales and Victoria

88. (1) In respect of any period, a quantity of water estimated by the Commission as—

(a) the quantity of water which would have flowed in the River Murray past Doctors Point in that period but for the effect during that period of diversions to or from, and impoundments on, the upper river upstream of Doctors Point, plus

(b) the quantity of water diverted by works of the Authority to the upper river upstream of Doctors Point from beyond the natural boundaries of the catchment thereof

shall be allocated between the upper States as provided in sub-clause 88 (2).

(2) The quantity of water estimated for any month in accordance with sub-clause 88 (1) shall be allocated as follows—

(a) for any of the months from May through to August inclusive, the whole quantity shall be allocated half each to the States of New South Wales and Victoria;

(b) for any of the months from September through to April inclusive;

(i) during any period of restriction, the first 12,900 megalitres per month (being equivalent to the ceding by the State of Victoria to the State of New South Wales of a volume of 6,450 megalitres per month), and

(ii) at any other time, the first 16,700 megalitres per month (being equivalent to the ceding by the State of Victoria to the State of New South Wales of a volume of 8,350 megalitres per month)

shall be allocated to the State of New South Wales, and the remainder shall be allocated half each to the States of New South Wales and Victoria.

Allocation of water in Menindee Lakes Storage

89. Of the quantity of water which in any period enters the Menindee Lakes Storage from the Darling River, an amount shall be allocated to the State of New South Wales equal to the amount to which that State is entitled during that period under sub-clause 78 (1) or 78 (2) and the remainder shall be allocated half each to the States of New South Wales and Victoria.

Tributary inflows

90. The quantity of water which in any period enters the upper river downstream of Doctors Point from a tributary, or from any artificial outfall approved by the Commission for the purposes of this clause, other than quantities referred to in clause 89, shall be allocated to the upper State from which the water enters the upper river.

Use by New South Wales and Victoria of allocated water

91. Any quantity of water diverted from the upper river by offtakes under the jurisdiction of an upper State shall be deemed to be used by that State, unless otherwise determined by the Commission.

Snowy diversions out of Murray catchment

92. Any quantity of water diverted by works of the Authority from the Tooma River to the Eucumbene Storage and the Tumut River or from the Geehi River to the Snowy River shall be deemed to be used half each by the upper States.

Losses

93. Any quantity of water which is lost by evaporation or percolation or other means from the upper river shall be deemed to be used by the upper States and, unless otherwise determined by the Commission, shall be deemed to be used half each by those States or in such proportions as the Commission may from time to time determine.

New South Wales’ and Victoria’s supply to South Australia

94. For the purposes of this Division any quantity of water supplied to the State of South Australia in any month and which that State is entitled to receive under clause 73 or 74 shall be deemed to be supplied half each by the upper States and the Commission shall make appropriate adjustments to

Division 5—Periods of Restriction

Declaration of restrictions

104. The Commission may at any time declare a period of restriction for a specified period of whole months ending not before the 31st day of May next ensuing and may subsequently amend any such declaration, but the Commission shall declare a period of restriction unless it is satisfied that the quantities of water available for release at the direction of the Commission from the upper river storages will not be, at the 31st day of May then next ensuing, below 2,500,000 megalitres of which not less than 250,000 megalitres will be in Lake Victoria or unless it resolves that it is not necessary to do so.

Variation of navigation depths during restrictions

105. When a period of restriction has been declared by the Commission pursuant to clause 104, the Commission may vary the provisions of clause 45 respecting the depth of water to be maintained at the locks constructed pursuant to this Agreement or the former Agreement.

Water under the control of the Commission

106. For the purposes of this Division, “water under the control of the Commission” means the aggregate of—

(a) the water stored in the Hume and Dartmouth Reservoirs at the commencement of the period of restriction;

(b) the water stored in Lake Victoria at the commencement of the period of restriction;

(c) the water available for release from the Menindee Lakes Storage at the direction of the Commission in accordance with clause 82 during the period of restriction, after allowing for New South Wales’ prior entitlements under clause 78;

(d) during the period of restriction the runoff from the catchment of the upper river above Doctors Point, excluding water diverted from the Tooma River to the Eucumbene Storage and the Tumut River and from the Geehi River to the Snowy River;

(e) water diverted to the upper river above Doctors Point by works of the Authority during the period of restriction;