6Interstate groundwater agreements to prevail over Act

6 Interstate groundwater agreements to prevail over Act S. 6(1) amended by No. 52/1998 s. 311(Sch. 1 item 105.3), substituted by No. 5/2002 s. 5(1). (1) Every power, discretion, function, authority and duty of the Minister, the Authority and the Tribunal under this Act must be construed subject to— (a) the **Groundwater (Border Agreement) Act 1985** and the agreement approved by that Act; and S. 6(1)(b) substituted by No. 75/2008 s. 22. (b) the **Murray-Darling Basin Act 1993** and the Murray-Darling Basin Agreement. S. 6(2) amended by Nos 52/1998 s. 311(Sch. 1 item 105.3), 5/2002 s. 5(2)(a)(b). (2) A purported exercise of a power, discretion, function, authority or duty by the Minister, an Authority or the Tribunal is of no effect to the extent that it is inconsistent with an agreement referred to in subsection (1). S. 6(3) inserted by No. 5/2002 s. 5(3). (3) An agreement referred to in subsection (1) prevails over a right to take or to use water conferred by or under this Act, other than section 7(1), 8(1) or 8(4)(c). S. 6(4) inserted by No. 5/2002 s. 5(3). (4) The Minister, an Authority or the Tribunal, in exercising a power, discretion, function, authority or duty under this Act, must not act in a manner detrimental to or inconsistent with the operation of an agreement referred to in subsection (1). S. 6AA inserted by No. 23/2019 s. 8. 6AA Extraterritorial operation of Act In order to give effect to any intergovernmental agreement to which the State is a party and which is relevant to the operation of this Act, it is the intention of the Parliament that the operation of this Act, as far as possible, is to include operation in relation to the following— (a) things, including land, situated in or outside the territorial limits of Victoria; (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of Victoria; (c) things, land, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of another jurisdiction. S. 6A inserted by No. 99/2005 s. 39.