(5) If regulations made for the purposes of Part 7 or Part 7A make provision in relation to a matter by applying, adopting or incorporating a matter contained in a written instrument or other document, the Director of Meteorology must ensure that:
(a) the text of the matter applied, adopted or incorporated is made publicly available on the Bureau’s website, unless that text is set out in the regulations; and
(b) if the text of the matter is applied, adopted or incorporated as in force or existing from time to time—any subsequent amendments of that text are made publicly available on that website.
Schedule 1—The Murray‑Darling Basin Agreement
Note: See section 18A.
MURRAY‑DARLING BASIN AGREEMENT
Table of Contents
PART I—INTERPRETATION
1. Purpose
2. Definitions
3. Interpretation
PART II—APPROVAL, AMENDMENT AND ENFORCEMENT
4. Revocation of Former Agreement
5. Commencement of Agreement and Amendments to Agreement
6. Parties to Provide for Enforcement of Agreement
PART III—THE MINISTERIAL COUNCIL
7. Establishment of Ministerial Council
8. Membership of the Ministerial Council
9. Functions of the Ministerial Council
10. Ministerial Council May Direct Committee
11. Conferral of functions by Ministerial Council
12. Ministerial Council May Require Committee and Authority to Report
13. Proceedings of the Ministerial Council
14. Resolutions Other than at Meetings
15. Appointment of Committees
16. Basin Community Committee to Advise Ministerial Council
PART IV—THE COMMITTEE
DIVISION 1—ESTABLISHMENT AND MEMBERSHIP OF THE COMMITTEE
17. Establishment of Basin Officials Committee
18. Membership of the Committee
19. Appointment of Chair of the Committee
20. Appointment of Other Members of the Committee
21. Acting Members of the Committee
22. Period of Appointment
23. Standing Obligation to Disclose Interests
24. Obligation to Disclose Interests Before Considering a Particular Matter
25. Chief Executive and Authority Chair May Attend Meetings
DIVISION 2—FUNCTIONS AND POWERS OF THE COMMITTEE
26. Functions and Powers of the Committee
DIVISION 3—DECISION MAKING BY THE COMMITTEE
27. Proceedings of the Committee
28. Resolutions Other than at Meetings
PART V—THE AUTHORITY
29. Functions, Powers and Duties of the Authority
30. Authority’s Functions in Relation to River Operations
31. Objectives and outcomes for river operations
32. Continuation of Resolutions, Practices and Procedures Relating to River Operations
33. Referrals and Determinations in Relation to River Operations
34. Annual Corporate Plan
35. Amendment of Annual Corporate Plan
PART VI—APPLICATION OF AGREEMENT TO QUEENSLAND AND THE AUSTRALIAN CAPITAL TERRITORY
36. Application of Agreement to Queensland and the Australian Capital
37. Provisions Not Applying to Queensland
38. Provisions not applying to the Australian Capital Territory
39. Powers of Ministerial Council and Committee to make determinations
40. Factors to be Considered by Ministerial Council or Committee
41. Application of Previous Ministerial Council Decisions to Queensland
42. Application of previous Ministerial Council decisions to the Australian Capital Territory
PART VII—INVESTIGATION, MEASUREMENT AND MONITORING
43. Investigations and Studies
44. Monitoring
45. Measurements of Water Quantity and Quality
46. Need for Approval in Certain Cases
47. Power to Arrange Data in Lieu
48. Water Quality Objectives
49. Authority to be Informed of New Proposals
50. Environmental Assessment
51. Protection of Catchment of Hume Reservoir
PART VIII—CONSTRUCTION, OPERATION AND MAINTENANCE OF WORKS
52. Works and Measures Subject to the Agreement
53. Asset Management Plan
54. Control and Management of RMO assets
55. Asset Agreement
56. Authorisation of Further Works or Measures
57. Ancillary, Preventative and Remedial Works
58. Preparation and Submission of Designs etc of Works for Authority Approval.
59. Submission of Details of Measures for Authority Approval
60. Authority Approval of Certain Tenders
61. Directions for the Efficient Construction etc of Works
62. States to Facilitate Construction and Operation Within Their Territories
63. Works for Benefit of State Contracting Governments
64. Declaration that Works or Measures are Effective
65. Maintenance of Works
66. Procedures for Operation of Works
67. Dredging and Snagging
68. Operation of Works
69. Performance of Joint Duties
70. Ineffective Works
PART IX—FINANCE
71. Definitions
72. Apportionment of Costs
73. Annuity Contributions
74. Annual and forward estimates
75. Payments by Contracting Governments
76. Authority to Account
77. Application of Moneys by Authority
78. Payments by Authority to Constructing Authorities
79. Contracting Governments to Account
80. Unexpended Balances
81. List of Assets
82. Disposal of Surplus Assets
83. Revenue
84. Compensation for Damage by Works
PART X—REPORTS
85. Preparation of Reports
PART XI—PROCEEDINGS IN DEFAULT
86. Failure to Perform Works or Contribute Cost
PART XII—DISTRIBUTION OF WATERS
DIVISION 1—TIER 1 DISTRIBUTION OF WATERS
SUBDIVISION A—APPLICATION OF DIVISION 1
87. Application of Division 1
SUBDIVISION B—STATE ENTITLEMENTS TO WATER
88. South Australia’s Monthly Entitlement
89. Measurement of South Australia’s Entitlement
90. Variation of South Australia’s Entitlements
91. South Australia’s Storage Right
92. Use of Lake Victoria
93. Surplus Flow to South Australia
94. Entitlements of New South Wales and Victoria
95. New South Wales’ Entitlement to Water from Menindee Lakes
96. New South Wales’ and Victoria’s Supply to South Australia
97. Limitations on Use by New South Wales and Victoria
SUBDIVISION C—CONTROL BY AUTHORITY
98. Authority’s Role in Operation of Storages
99. Limitation on Menindee Lakes Operation
100. Procedures for Dartmouth Dam Operation
101. Water Estimated to be Under the Control of the Authority
102. Available Water
103. Minimum Reserve
104. Use of State Works to Convey Murray Water
SUBDIVISION D—WATER ACCOUNTING
105. General
106. Allocation of Water to New South Wales and Victoria
107. Allocation of Water in Menindee Lake Storage
108. Tributary Inflows
109. Use by New South Wales and Victoria of Allocated Water
110. Losses
111. New South Wales’ and Victoria’s Supply to South Australia
112. Commencement of Continuous Accounting of Carryover of Stored Water
113. Reallocation of Water Between New South Wales and Victoria
114. Efficient Regulation of the River Murray
115. Accounting Procedures
116. Internal Spills
117. Accounting for Spill from Storages
118. Accounting for Releases from Dartmouth Reservoir
119. Accounting for Releases from Hume Reservoir
120. Accounting for Releases from Menindee Lakes Storage
121. Reallocation of Water in Menindee Lakes Storage
122. Accounting for Dilution Flows
SUBDIVISION E—PERIODS OF SPECIAL ACCOUNTING
123. Declaration of Periods of Special Accounting
124. Variation of Navigation Depths During Restrictions
125. Special Accounts to be Kept
126. Imbalance in Use
127. Limits on Imbalance in Use
128. Restrictions on South Australia’s Entitlement
129. Termination of Periods of Special Accounting
SUBDIVISION F—ACCOUNTING FOR SOUTH AUSTRALIA’S STORAGE RIGHT
130. Accounting for South Australia’s Storage Rights
DIVISION 2—TIER 2 DISTRIBUTION OF WATERS TO ENSURE CRITICAL HUMAN WATER NEEDS
131. Application of Division 2
132. Distribution of Waters Subject to Schedule and Determinations of Ministerial Council
DIVISION 3—TIER 3 DISTRIBUTION OF WATERS IN EXTREME OR UNPRECEDENTED CIRCUMSTANCES
133. Application of Division 3
134. Distribution of Waters Subject to Schedule and Determinations of Ministerial Council1
DIVISION 4—SCHEDULE FOR WATER SHARING
135. Schedule for Water Sharing
PART XIII—MENINDEE LAKES STORAGE
136. Maintenance of Menindee Lakes Storage
137. Full Supply Levels
138. Financial Contributions of Authority
PART XIV—EFFECT OF SNOWY SCHEME
139. Effect of Snowy Scheme
PART XV—MISCELLANEOUS
140. Resolution of Disputes
141. Resolution of operational management and delivery inconsistencies
142. Proposals to Amend Agreement
143. Giving Information to the Authority
144. Authorities to Observe Agreement
PART XVI—INDEMNITIES IN RESPECT OF COMMITTEE AND AUTHORITY
145. Indemnity in Respect of Payments Made by Commonwealth
146. Indemnity in Respect of Payments Relating to Former Commissioners
147. Commonwealth to consult other Contracting Governments
148. Liability for Acts of Committee Members
PART XVII—TRANSITIONAL PROVISIONS AND REVIEW OF SCHEDULES, RESOLUTIONS AND ACTIVITIES
149. Definitions
150. Transitional Provisions
151. Review of resolutions, directions, procedures and measures and other activities
152. Review of Schedules
SCHEDULE A—WORKS
SCHEDULE B—BASIN SALINITY MANAGEMENT
PART I—PRELIMINARY
1. Purpose
2. Definitions
3. Application to Queensland and Australian Capital Territory
PART II—ACCOUNTABILITY FOR SALINITY IMPACTS
4. Accountability for Salinity Impacts
5. Determining Baseline Conditions
6. Meeting End‑of‑Valley Targets
PART III—SALINITY TARGETS
7. Basin Salinity Target
8. End‑of‑Valley Targets for the Australian Capital Territory
9. Reviewing and amending End‑of‑Valley Targets
PART IV—JOINT WORKS AND MEASURES
10. Joint program
11. Attribution of salinity credits or salinity debits for Joint works or measures
12. Authorised Joint works and measures
13. Participation by Queensland and Australian Capital Territory
14. Co‑ordinating Joint Works and Measures
PART V—THE REGISTERS
15. Establishing the Registers
16. Obligations of State Contracting Governments
17. Operating Registers
18. Determining whether a Proposal has a Significant Effect
19. Assessing Salinity Impacts
20. Estimating Salinity Credits and Salinity Debits
21. Attributing Salinity Credits or Salinity Debits
22. When Salinity Credits and Salinity Debits must be entered on a Register
23. Trading and Transfers between Registers
24. Review and amendment of Register entries
PART VI—MONITORING
25. Monitoring obligations
26. End‑of‑Valley Targets
27. Program to monitor Accountable Actions
28. Monitoring Accountable Actions
PART VII—REPORTING, AUDIT AND REVIEW
29. State Contracting Governments
30. Valley Reports
31. Commonwealth
32. Authority
33. Rolling Five‑Year Reviews
34. Audit
35. Review of Schedule
PART VIII—MODELS
36. Models to be developed by the Authority
37. Models developed by State Contracting Governments
38. Assessment and Approval of Certain Models
39. Review of Models
PART IX—PROTOCOLS
40. Authority’s power to make protocols
41. Examples of possible protocols
PART X—DEFAULT
42. Relationship with Part XI of the Agreement
43. Default by a State Contracting Government
44. Exception Reports
45. Proposal for remedial action
46. Action by a State Contracting Government
PART XI—FINANCE
47. State Actions
48. Joint works or measures
PART XII—TRANSITIONAL PROVISIONS
49. Former salinity and drainage works
SCHEDULE B—APPENDIX 1—End of Valley Targets
SCHEDULE B—APPENDIX 2—Authorised Joint Works and Measures
SCHEDULE C—APPLICATION OF AGREEMENT TO QUEENSLAND
SCHEDULE D—TRANSFERRING WATER ENTITLEMENTS AND ALLOCATIONS
PART I—PRELIMINARY
1. Purposes
2. Application
3. Definitions and interpretation
PART II—GENERAL PRINCIPLES
4. Power to alter entitlements and allocations to which Schedule applies
5. Suspension of Schedule
6. Power to make protocols
PART III—MATTERS RELATING TO ADMINISTRATION OF THE AGREEMENT
7. Adjustment of delivery of State entitlements
8. Adjustment of cap on diversions
9. Adjustment of State financial contributions
10. Accounting for salinity impacts
PART IV—OPERATIONAL PRINCIPLES AND ADMINISTRATION
11. Delivery of water and valley accounts
12. Conversion factors and exchange rates
13. Restrictions on transfers
14. Environmental and supply considerations
15. Procedures and principles for transfers
16. Transfer Register
17. Monitoring and reporting
18. Review of interstate transfers
19. Dispute resolution
SCHEDULE D—APPENDIX 1—Entitlements and Allocations
SCHEDULE D—APPENDIX 2—Adjusting Delivery of State Entitlements under Part XII of the Agreement
PART I—RULES WHICH APPLY AT ALL TIMES
1. Interstate transfers of entitlements
2. Interstate transfers of allocations
PART II—RULES WHICH ONLY APPLY IN PERIODS WHEN THERE IS SPECIAL ACCOUNTING
3. Accounting under clause 125 of the Agreement
SCHEDULE D—APPENDIX 3—Adjusting Cap on Diversions
1. Definitions
PART I—ADJUSTING FOR TRANSFERRED ALLOCATIONS
2. Adjusting cap for transferred allocations
PART II—ADJUSTING FOR ENTITLEMENTS TRANSFERRED BY TAGGED TRADE
3. Cap adjustment for tagged trade
PART III—ADJUSTING FOR ENTITLEMENTS TRANSFERRED BETWEEN 1 JULY 1994 AND THE EFFECTIVE DATE, USING EXCHANGE RATES
4. Interim register
5. Adjusting annual diversion targets
PART IV—ADJUSTING FOR ENTITLEMENTS TRANSFERRED OR CONVERTED AFTER THE EFFECTIVE DATE, USING EXCHANGE RATES
6. Object of Part
7. Operation of Part
8. Calculating increases in cap required
9. Adjusting annual diversion targets
SCHEDULE E—CAP ON DIVERSIONS
1. Purposes
2. Definitions
3. River Valleys and Designated River Valleys
4. Diversion Formula Register
5. Long‑term diversion cap for New South Wales
6. Long‑term diversion cap for Victoria
7. Long‑term diversion cap for South Australia
8. Long‑term diversion cap for Queensland
9. Long‑term diversion cap for the Australian Capital Territory
10. Power of Authority to alter long‑term diversion caps
11. Developing Analytical Models
12. Calculation of annual diversion targets
13. Monitoring and Reporting
14. Appointment of Independent Audit Group
15. Annual audit by the Independent Audit Group
16. Power to require a special audit of a designated river valley
17. Special audit by Independent Audit Group
18. Declaration that diversion cap has been exceeded
19. Advice to Ministerial Council on remedial actions
SCHEDULE E—APPENDIX 1—Designated River Valleys
1. New South Wales
2. Queensland
3. Victoria
4. South Australia
5. Australian Capital Territory
SCHEDULE E—APPENDIX 2—River Valleys
1. New South Wales
2. Queensland
3. Victoria
4. South Australia
5. Australian Capital Territory
SCHEDULE F—EFFECT OF THE SNOWY SCHEME
PART I—PRELIMINARY
1. Purpose
2. Definitions
PART II—CALCULATING WATER VOLUMES
3. The Snowy Scheme And The River Murray
4. The Snowy Scheme And The Murrumbidgee River
5. Excess Snowy River Releases
6. Snowy River Release Shortfalls
7. Accounting For Water Releases
PART III—WATER ACCOUNTING
8. Entitlements Of New South Wales And Victoria To Use Water
9. Water Estimated To Be Under The Control Of The Authority
10. Allocation of Water to New South Wales and Victoria
11. Tributary Inflows
12. Use By New South Wales And Victoria Of Allocated Water
13. Required Annual Release Shortfalls
14. Other Water Accounting Provisions
PART IV—SNOWY‑MURRAY DEVELOPMENT (RIVER MURRAY) ENVIRONMENTAL ENTITLEMENTS
15. Translation Factors
16. Apportionment Of Environmental Entitlements
17. Valley Accounts
18. Long Term Diversion Caps
PART V—RIVER MURRAY INCREASED FLOWS
19. Obligation Of Authority To Make River Murray Increased Flows
20. Environmental Objectives And Strategy For River Murray Increased Flows
21. Authority To Maintain River Murray Increased Flows Accounts
22. Binding Effect of Strategy
PART VI—NOTIFICATION AND CONSULTATION PROVISIONS
23. Authority To Be Informed Of New Proposals
24. Snowy Scheme Annual Water Operating Plan
25. Notifications Required
PART VII—ANALYTICAL MODELS
26. Developing Analytical Models
PART VIII—OTHER PROVISIONS
27. Inter‑Valley Water Transfers
MURRAY‑DARLING BASIN AGREEMENT
THIS AGREEMENT IS ENTERED INTO ON 2008 BY:
THE COMMONWEALTH OF AUSTRALIA (the “Commonwealth”),
THE STATE OF NEW SOUTH WALES (“New South Wales”),
THE STATE OF VICTORIA (“Victoria”),
THE STATE OF QUEENSLAND (“Queensland”),
THE STATE OF SOUTH AUSTRALIA (“South Australia”), and
THE AUSTRALIAN CAPITAL TERRITORY (“Australian Capital Territory”).
THE PARTIES AGREE AS FOLLOWS:
PART I—INTERPRETATION
1. Purpose
The purpose of this Agreement is to promote and co‑ordinate effective planning and management for the equitable, efficient and sustainable use of the water and other natural resources of the Murray‑Darling Basin, including by implementing arrangements agreed between the Contracting Governments to give effect to the Basin Plan, the Water Act and State water entitlements.
2. Definitions
In this Agreement save where inconsistent with the context:
“annual estimates” means estimates prepared under paragraph 74(1)(a).
“asset agreement” means the asset agreement, including any amendment to it, made under clause 55.
“asset management plan” means the asset management plan, including any amendment to it, approved under clause 53.
“Authority” means the Murray‑Darling Basin Authority established by the Water Act.
“Authority Chair” has the meaning given by the Water Act.
“Basin Community Committee” has the meaning given by the Water Act.
“Basin Plan” has the meaning given by the Water Act.
“Chief Executive” means the Chief Executive of the Authority.
“Commission” has the same meaning as “Murray‑Darling Basin Commission” under the Water Act.
“Committee” means the Basin Officials Committee established by Part IV.
“Committee member” means a Committee member for a State or for the Commonwealth, appointed in accordance with this Agreement.
“Constructing Authority” means:
(a) the Contracting Government by which:
(i) any works authorised by this Agreement or the former Agreement have been, or are being, or are to be constructed;
(ii) any measures authorised under this Agreement or the former Agreement have been, or are being, or are to be executed; or