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
This Act may be cited as the River Murray Waters Act 1983.
Commencement
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
The Agreement is approved.
Act to bind Crown
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
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
The Governor-General may at any time terminate the appointment of a Commonwealth member.
Jurisdiction of State courts
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
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
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
(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
All reports and statements received under the Agreement by the Governor-General shall be laid before both Houses of the Parliament without delay.
Regulations
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
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
(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