(b) any public authority or any Minister constituted or appointed for the purpose of constructing such works or executing such measures.
“Contracting Government” means any of the Governments of the Commonwealth, New South Wales, Victoria, South Australia, Queensland and the Australian Capital Territory.
“conveyance reserve”, for a year, means water set aside by the Authority to supply conveyance water for the following year, determined in accordance with clause 102D.
“conveyance water” has the meaning given by the Water Act.
“corporate plan” means a corporate plan approved under clause 34 and includes any amendment to that plan approved under clause 35.
“critical human water needs” has the meaning given by the Water Act.
“current conveyance water” means water to be used as conveyance water in the current year.
“deferred water” has the meaning given by Schedule G.
“diversions” includes abstractions, impoundings and appropriations of water that reduce the flow of a river.
“Doctors Point” means the location of the Doctors Point stream gauging station.
“E.C.” means a unit of electro‑conductivity of water, measured in micro‑siemens per centimetre at 25 degrees Celsius.
“financial year” means the twelve months beginning on 1 July.
“former Agreement” has the same meaning as “former MDB Agreement” in the Water Act.
“former Ministerial Council” means the Ministerial Council under the former Agreement;
“Full Supply Level” means the full supply water level:
(a) defined by reference to Australian Height Datum specified by the design drawings for any structure subject to this Agreement; or
(b) in the case of Menindee Lakes Storage, as defined under clause 137.
“land” includes:
(a) Crown lands;
(b) buildings; and
(c) any interest, right or privilege in, over or affecting any land.
“maintenance” includes the execution of all work of any description which is necessary to keep an existing work in the state of utility in which it was upon:
(a) its original completion; or
(b) the completion of any improvement thereto or replacement thereof,
but does not include ‑
(i) the execution of any improvement to the design or function of that work; or
(ii) the replacement of the whole of that work; or
(iii) work to remedy the extraordinary failure of part or all of that work.
“major storages” means Lake Victoria, the Menindee Lakes Storage and the storages formed by Dartmouth Dam and Hume Dam.
“measures” includes strategies, plans and programs (including any activities for the purpose of conserving or enhancing the environment) but does not include any river operations.
“minimum operating level” means the water level in a storage, as determined from time to time by the Ministerial Council, below which water must not be released.
“minimum reserve” has the meaning given by clause 103.
“Minister” means a Minister of a Contracting Government who has been appointed to the Ministerial Council by that Contracting Government under clause 8.
“Ministerial Council” means the Ministerial Council established by Part III.
“Murray‑Darling Basin” has the meaning given by the Water Act.
“Murray‑Darling Basin Special Account” means the special account of the Authority established under Part 9 Division 5 of the Water Act.
“natural flow” means the quantity of water that would have flowed in a river past a particular point in a particular period but for the effect during that period of diversions to or from, and impoundments on, the river upstream of that point.
“officer” means a person who is a member of the staff of the Authority within the meaning of the Water Act.
“period of special accounting” means a period of special accounting declared under clause 123(1).
“prescribed rate” means either:
(a) a rate of 2% per annum above the maximum overdraft rate fixed by the Reserve Bank of Australia for amounts of $100,000 or less which is applicable at the time a payment becomes due, or, if no such rate is fixed;
(b) a rate of 4% per annum above the rate payable on Commonwealth securities of the longest term offered for public subscription in Australia for the Commonwealth cash loan opened next before the time a payment becomes due.
“private carry‑over” means a volume of allocations made available in a year for use under an entitlement, and not used in the year, but that may be made available to the holder of the entitlement for use in a subsequent year.
“public authority” means a body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth or a State and includes any local government body.
“regulated flow” is the flow resulting from the release of stored water at the direction of the Authority other than during, or in anticipation of, floods.
“reserve” means water available for release from major storages at the direction of the Authority.
“river” and “tributary” respectively include any affluent, effluent creek, anabranch or extension of, and any lake or lagoon connected with, the river or tributary.
“river operations” means activities under this Agreement relating to:
(a) the construction, operation, maintenance and renewal of works on, adjacent to, or connected to the upper River Murray or the River Murray in South Australia; and
(b) the execution of the provisions of this Agreement concerning sharing water between State Contracting Governments; and
(c) the provision of other services relating to water, to State Contracting Governments and other persons.
“RMO assets” means River Murray operations assets, being:
(a) transitional RMO assets; and
(b) —
(i) works constructed under clause 56 including works constructed for the purposes of Schedule B; and
(ii) assets purchased with amounts paid to a Constructing Authority by the Authority under clause 78,
that are, or relate to:
(iii) works on, adjacent to or connected to the upper River Murray or the River Murray in South Australia; or
(iv) the execution of provisions of this Agreement concerning sharing water between South Australia, New South Wales and Victoria.
“service level agreement” means the service level agreement referred to in clause 35A.
“State” means the State of New South Wales, the State of Victoria, the State of South Australia, the State of Queensland or the Australian Capital Territory.
“State Contracting Government” means any of the Governments of New South Wales, Victoria, South Australia, Queensland or the Australian Capital Territory.
“State MDB Act” means any of the following Acts: the Murray‑Darling Basin Act 1992 (New South Wales); the Murray‑Darling Basin Act 1993 (Victoria); the Water (Commonwealth Powers) Act 2008 (Queensland); the Murray‑Darling Basin Act 1993 (South Australia); and the Murray‑Darling Basin Agreement Act 2007 (Australian Capital Territory).
“State water entitlement” means the entitlement of a State to water, determined in accordance with Part XII of this Agreement.
“stored water” means water stored in or by:
(a) any of the works described in Schedule A; and
(b) subject to sub‑clause 95(1), the Menindee Lakes Storage; and
(c) any of the works for storing water authorised under clause 56.
“transitional RMO assets” means transitional River Murray operations assets, being:
(a) the works set out in Schedule A to the former Agreement (other than Weir No. 5 Redbank and Weir No. 7 Maude); and
(b) any other works the construction of which was authorised under sub‑clause 50(1) of the former Agreement including works authorised for the purposes of Schedule C of the former Agreement; and
(c) any other assets purchased with amounts paid by the Commission under sub‑clause 73(1) of the former Agreement.
“upper River Murray” 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 that part of the main course upstream of Doctors Point;
(c) all effluents and anabranches of that part of the main course, other than those excepted by the Ministerial Council;
(d) the watercourses connecting Lake Victoria to that main course;
(e) the Darling River downstream of the Menindee Lakes Storage; and
(f) the upper River Murray storages.
“upper River Murray storages” means Lake Victoria, the Menindee Lakes Storage, the storages formed by Dartmouth Dam and Hume Dam and by those weirs, and weirs and locks, described in Schedule A which are upstream of the eastern boundary of South Australia.
“Water Act” means the Water Act 2007, amended by the Water Amendment Act 2008 of the Commonwealth, and otherwise as amended from time to time.
“water available for release at the direction of the Authority” means water which can physically be released from a storage if the Authority so directs, other than water which must not be released because of sub‑clause 99(1).
“water resource plan” has the meaning given by the Water Act.
“weir” includes:
(a) a weir and lock; and
(b) a barrage in any of the channels at or near the mouth of the River Murray.
“work plan” means a work plan approved under clause 34A and includes any amendment to that plan approved under clause 35.
3. Interpretation
(1) In this Agreement, unless the contrary intention appears:
(a) a reference to any Act includes any Act amending, or in substitution for, that Act;
(b) a reference to this Agreement includes a reference to ‑
(i) the Schedules to this Agreement, and
(ii) any amendment of or addition to this Agreement or the Schedules hereto;
(c) words importing the singular include the plural and vice versa;
(d) words importing any gender include any other gender;
(e) a reference to a Committee member for the Commonwealth or a State includes a person who is acting as a Committee member for the Commonwealth or that State pursuant to an appointment under clause 21;
(f) a reference to a power, function or duty of the Authority is a reference to a power, function or duty of the Authority:
(i) under this Agreement; or
(ii) under the Water Act for the purposes of this Agreement,
but does not include any other power, function or duty conferred on it by the Water Act;
(g) a reference to a power, function or duty of the Ministerial Council or the Committee is a reference to a power, function or duty of that body:
(i) under this Agreement; or
(ii) for the purposes of the Agreement because of the operation of Part 10A of the Water Act,
but does not include any other power, function or duty conferred on it by the Water Act.
(2) No explanatory note or heading to a clause is part of this Agreement.
(3) In interpreting a provision of this Agreement, a construction that would promote the purpose or object underlying the Agreement (whether or not that purpose or object is expressly stated in the Agreement) shall be preferred to a construction that would not promote that purpose or object.
PART II—APPROVAL, AMENDMENT AND ENFORCEMENT
4. Revocation of Former Agreement
The former Agreement is hereby revoked.
5. Commencement of Agreement and Amendments to Agreement
(1) This Agreement comes into effect upon commencement of Schedule 1 of the Water Amendment Act 2008 of the Commonwealth, which amends the Water Act so as to set out the text of the Agreement as a schedule to the Water Act.
(2) An amendment to this Agreement will take effect upon the registration of a legislative instrument, in accordance with the Legislation Act 2003 (Commonwealth), that amends the schedule referred to in sub‑clause (1) by incorporating into the Agreement amendments that have been agreed by the Ministerial Council.
(3) For the purposes of sub‑clause (2), the Commonwealth Government:
(a) may only register an instrument that incorporates into the Agreement amendments that have been agreed by the Ministerial Council; and
(b) will register an instrument that incorporates such amendments as soon as practicable after they have been agreed by the Ministerial Council.
(4) A reference in sub‑clause (2) to an amendment includes a reference to the insertion, omission, repeal, substitution, addition or relocation of words or matter.
6. Parties to Provide for Enforcement of Agreement
Each of the Contracting Governments so far as its jurisdiction extends and so far as it may be necessary shall provide for or secure the execution and enforcement of the provisions of this Agreement.
PART III—THE MINISTERIAL COUNCIL
7. Establishment of Ministerial Council
(1) The Ministerial Council is established.
(2) The Ministerial Council shall have such status and such powers and duties and enjoy such privileges and immunities as may be conferred upon it by this Agreement or the Water Act.
8. Membership of the Ministerial Council
(1) The Council consists of a Minister of each of the Contracting Governments who is appointed in writing by that Contracting Government.
(2) Whenever a member of the Ministerial Council representing a Contracting Government is:
(a) absent from Australia or from duty;
(b) unable for any reason to attend a meeting of the Ministerial Council; or
(c) otherwise unable to perform the duties of a member of the Ministerial Council,
that Contracting Government may appoint another Minister to act in the place of that member, and while so acting that other Minister shall have all the powers and perform all the duties of that member.
(3) A member of the Ministerial Council ceases to be a member if:
(a) the member ceases to be a Minister; or
(b) another Minister of the Contracting Government is appointed in substitution for the member.
(4) Anything done by or in relation to a person purporting to act under an appointment under this clause is not invalid merely because there was a defect or irregularity in connection with the appointment.
9. Functions of the Ministerial Council
The functions of the Ministerial Council are:
(a) to consider and determine outcomes and objectives on major policy issues of common interest to the Contracting Governments in relation to the management of the water and other natural resources of the Murray‑Darling Basin, including in relation to its role in the provision of critical human water needs, but otherwise only in so far as those issues are not provided for in the Basin Plan;
(b) to make determinations about the matters specified in this Agreement;
(c) to approve the annual corporate plan, the annual work plan, and the asset management plan, prepared by the Authority for the purposes of this Agreement;
(ca) to approve any amendments to the annual corporate plan or the annual work plan in accordance with clause 35;
(d) to agree upon amendments to this Agreement including amendments to, or removal or addition of, Schedules to this Agreement as the Ministerial Council considers desirable from time to time;
(da) to approve a statement of intent setting out collaborative arrangements under which the Ministerial Council will operate; and
(e) to exercise such other functions as may be conferred on the Council by or under this Agreement or the Water Act.
10. Ministerial Council May Direct Committee
The Ministerial Council may give directions to the Committee concerning the performance of the Committee’s functions and powers and the Committee shall comply with those directions.
11. Conferral of functions by Ministerial Council
(1) The Ministerial Council may confer any of its functions and powers on the Committee or the Authority.
(2) The conferral of a function or power under this clause:
(a) may be subject to such conditions or limitations as the Ministerial Council may specify; and
(b) may be varied or revoked by the Ministerial Council (whether or not constituted by the persons constituting the Ministerial Council at the time when the power or function was conferred); and
(c) does not derogate from the ability of the Ministerial Council to act in any matter.
12. Ministerial Council May Require Committee and Authority to Report
The Ministerial Council may require a report from the Committee or the Authority on any of the Committee’s or Authority’s functions.
13. Proceedings of the Ministerial Council
(1) The Ministerial Council shall meet at least once in each year but otherwise at such times as it sees fit and shall, subject to this Agreement, determine its own procedure.
(2) Subject to sub‑clauses (3) and (4), the quorum for a meeting of the Ministerial Council shall be a Minister for each Contracting Government, appointed under clause 8.
(3) The quorum of the Ministerial Council for debating any issue, or considering or making any resolution on an issue related to any provision of the Agreement, or to any policy, determination or decision of the Ministerial Council, which does not apply, in whole or in part, to either or both of Queensland and the Australian Capital Territory by virtue of Part VI, does not include the Minister appointed by the Government of Queensland or the Minister appointed by the Australian Capital Territory or both of those Ministers (as the case requires).
(4) The quorum of the Ministerial Council for debating any issue, or considering or making any resolution on an issue in respect of its functions under the Water Act:
(a) includes the Minister appointed by the Government of Queensland, unless the matter relates to Part 2A of the Water Act, in which case the quorum includes that Minister only if the issue relates to critical human water needs in a way that affects Queensland, or affects the sharing of Basin water resources between Queensland and New South Wales; and
(b) includes the Minister appointed by the Australian Capital Territory, unless the matter relates to Part 2A of the Water Act, in which case the quorum includes that Minister only if the issue relates to critical human water needs in a way that affects the Australian Capital Territory.
(5) A person who is not included in a quorum may not vote on any resolution referred to in sub‑clause (3) or (4).