(1) The Authority may co‑ordinate, carry out or cause to be carried out surveys, investigations and studies regarding the desirability and practicability of works or measures for the equitable, efficient and sustainable use of water and other natural resources of the Murray‑Darling Basin, including but not limited to works or measures for:
(a) the conservation and regulation of river water;
(b) the protection and improvement of the quality of river water;
(c) the conservation, protection and management of aquatic and riverine environments; and
(d) the control and management of groundwater which may affect the quality or quantity of river water.
(2) The Authority may, without further approval of any Contracting Government, carry out, or cause to be carried out surveys, investigations or studies pursuant to sub‑clause (1) on or adjacent to:
(a) the upper River Murray; and
(b) the River Murray in South Australia.
(3) Except as provided in sub‑clause (2) or as authorised under the Water Act, the Authority must not carry out or cause to be carried out surveys, investigations or studies within the territory of any State without obtaining the consent of that State Contracting Government.
44. Monitoring
The Authority, subject to clause 46, may establish, maintain and operate effective means for monitoring the quality, extent, diversity and representativeness of water and other natural resources of the Murray‑Darling Basin, including but not limited to:
(a) aquatic and riverine environments; and
(b) the effect of groundwater on water and other natural resources.
45. Measurements of Water Quantity and Quality
The Authority must establish, maintain and operate an effective and uniform system:
(a) for making and recording continuous measurements of ‑
(i) the flow of the River Murray, and tributaries of the River Murray within the boundaries of each State; and
(ii) the volume of stored water,
at such locations as the Authority deems necessary to determine the volume of the intake from the several portions of the drainage area of the River Murray, the flow at selected locations along the River Murray and the losses from selected reaches of the River Murray, with their positions and modes of occurrence;
(b) for making and recording continuous measurements of all diversions, whether natural or artificial, or partly natural and partly artificial, from the River Murray and its tributaries; and
(c) for measuring and monitoring the quality of ‑
(i) River Murray water;
(ii) water in tributaries of the River Murray at such locations at or near the confluence of each of those tributaries with the River Murray as the Authority, after consultation with the appropriate authorities of each of the Contracting Governments, deems necessary; and
(iii) stored water.
46. Need for Approval in Certain Cases
(1) The Authority may, without further approval of any Contracting Government, establish, maintain and operate any system or means referred to in clauses 44 and 45 on or adjacent to:
(a) the upper River Murray; and
(b) the River Murray in South Australia.
(2) Except as provided in sub‑clause (1) or as authorised under the Water Act, the Authority must not establish, maintain or operate any system or means referred to in clauses 44 and 45 within the territory of any State without:
(a) informing the Committee of the proposed system or means; and
(b) obtaining the consent of that State Contracting Government.
47. Power to Arrange Data in Lieu
Instead of establishing, maintaining or operating systems and means referred to in clauses 44 and 45, the Authority may:
(a) adopt the results of any measurements or monitoring made by any Contracting Government; or
(b) request a State Contracting Government to carry out any monitoring or measurement within its territory in such manner as the Authority considers necessary.
48. Water Quality Objectives
(1) The Authority must formulate water quality objectives for the River Murray and make recommendations with respect thereto to the Ministerial Council.
(2) This clause ceases to have effect after the Basin Plan first takes effect.
49. Authority to be Informed of New Proposals
(1) Whenever a Contracting Government or a public authority is considering any proposal which may significantly affect the flow, use, control or quality of any water in the upper River Murray and in the River Murray in South Australia, that Contracting Government must, or must ensure that the public authority shall:
(a) inform the Authority of the proposal; and
(b) provide the Authority with all necessary information and data to permit it to assess the anticipated effect of the proposal on the flow, use, control or quality of the water.
(2) The necessary information and data must be provided in sufficient time to allow the Authority:
(a) to assess the possible effect of the proposal on the flow, use, control or quality of that water; and
(b) to make representations thereon to that Contracting Government or public authority,
before the Contracting Government or public authority decides if the proposal will proceed.
(3) The Authority shall consult with each Contracting Government, and with any public authority responsible to a Contracting Government which that Contracting Government or the Authority considers is likely to consider a proposal of the type referred to in sub‑clause (1), with a view to reaching agreement with that Contracting Government, or that public authority, as to:
(a) the types of proposals to which sub‑clause (1) shall apply; and
(b) the criteria to be used in assessing those proposals to which sub‑clause (1) applies.
(4) Despite sub‑clause (3), sub‑clauses (1) and (2) apply to any proposal referred to in clause 23 of Schedule F.
50. Environmental Assessment
The Authority must, in exercising its powers or functions, or in implementing works or measures under this Agreement, examine and take into account any possible effects which the exercise of those powers or functions or those works or measures may have on water and other natural resources within the Murray‑Darling Basin.
51. Protection of Catchment of Hume Reservoir
(1) The State Contracting Governments of New South Wales and Victoria must take effective measures to protect the portions of the catchment of the Hume Reservoir within their respective States from erosion.
(2) Each of those Contracting Governments must, before the end of June in each year, forward a report to the Authority on:
(a) the condition of the portion of the catchment of the Hume Reservoir within its territory;
(b) the measures taken and work carried out during the twelve months to the end of March immediately preceding; and
(c) particulars of the measures and works proposed for the next twelve months.
(3) The Authority must, from time to time, inspect or cause to be inspected such portions of the catchment of the Hume Reservoir as it thinks fit and may indicate at any time whether in its opinion the measures taken and works carried out are effective. If, on any inspection, the Authority considers that any of those measures or works are ineffective, it must notify the Contracting Government concerned which must, to the extent that it may be practicable, take action to make those measures and works effective.
(4) Measures, works and action taken or carried out by a Contracting Government pursuant to sub‑clause (1) or (3) shall be paid for by that Contracting Government.
(5) If at any time the Authority considers that there is need for special action to protect the catchment of the Hume Reservoir from erosion, other than, or in addition to, the measures, works and action taken or carried out under sub‑clauses (1) and (3), the Authority may, in consultation with the Committee, require the Contracting Government, in whose territory the special action is to be carried out, to investigate the position and to take such special action as may be required by the Authority.
PART VIII—CONSTRUCTION, OPERATION AND MAINTENANCE OF WORKS
52. Works and Measures Subject to the Agreement
(1) Works or measures from time to time included in a Schedule to this Agreement or authorised pursuant to clause 56 must be constructed, operated, maintained or implemented (as the case may require):
(a) in accordance with ‑
(i) the provisions of this Agreement and any State MDB Act;
(ii) the corporate plan;
(iia) the work plan; and
(iii) in respect of works—
(A) the asset management plan; and
(B) the asset agreement that relates to those works,
unless determined otherwise by the Ministerial Council;
(b) by the Contracting Government from time to time nominated under sub‑clause 56(5) for the purpose.
(2) A Contracting Government:
(a) described as a ‘Nominated Government’ in Schedule A with respect to a work; or
(b) nominated under the former Agreement with respect to a work,
is deemed to have been nominated under paragraph (1)(b) to construct, operate, maintain and renew that work, until a work plan nominates another Contracting Government for one or more of those purposes, with respect to that work.
53. Asset Management Plan
(1) The Authority must, as soon as practicable after this Agreement comes into effect, prepare a draft asset management plan.
(2) The draft asset management plan must set out, for each work referred to in sub‑clause 52(1), the way in which the work will be managed, maintained, repaired, renewed or replaced.
(3) The Authority must provide the draft asset management plan to the Committee.
(4) After considering the draft asset management plan, the Committee must submit the draft plan and the Committee’s advice in relation to it, to the Ministerial Council.
(5) After receiving the draft plan and the advice of the Committee, the Ministerial Council may:
(a) approve the plan with or without amendment; or
(b) refer the plan back to the Authority for further consideration.
(6) The Committee must monitor the implementation of the asset management plan and may advise the Ministerial Council or the Authority in respect of that plan as the Committee thinks fit.
(7) The Authority must review the asset management plan annually.
(8) The Authority:
(a) may prepare a draft amendment to the asset management plan as a consequence of the annual review or at any other time; and
(b) must prepare a draft amendment to the asset management plan—
(i) in respect of each new work authorised under clause 56; and
(ii) if the Committee recommends an amendment to the plan.
(9) Sub‑clauses (3), (4) and (5) apply to a draft amendment as if it were a draft asset management plan.
54. Control and Management of RMO assets
(1) RMO assets are not under the ownership or control of the Authority; however, the Authority manages the assets in accordance with sub‑clause (3).
(2) RMO assets are controlled jointly by the Commonwealth Government and the Governments of South Australia, New South Wales and Victoria (“the asset controlling governments”) for the purposes of this Agreement, in the manner described in the asset agreement.
(3) The asset controlling governments agree that the Authority is to manage the RMO assets on behalf of the asset controlling governments for the purposes of this Agreement, as required by clause 29 of this Agreement.
(4) For the purposes of this clause, the Authority must maintain books of account and records in relation to the RMO assets that comply with applicable statutory requirements and are consistent with standard accounting and auditing requirements.
(5) Without limiting sub‑clause (4), books of account maintained by the Authority for the purposes of this clause must:
(a) be maintained separately from the accounts required to be kept by the Authority for the purposes of the Murray‑Darling Basin Special Account;
(b) include an asset register and asset revaluations;
(c) be made available to an asset controlling government upon request.
(6) The Authority must report on the books of account in the manner and at the times specified in the asset agreement.
(7) The books of account maintained by the Authority for purposes of sub‑clause (4) will be audited by the Australian National Audit Office or other such body as agreed from time to time by the Ministerial Council.
55. Asset Agreement
(1) The Authority must as soon as practicable after this Agreement comes into effect make an asset agreement with the asset controlling governments referred to in clause 54 regarding the management by the Authority of the RMO assets, which is to reflect asset controlling governments’ requirements for accounting for the assets, recording, reporting and audit as well as specific high level requirements in relation to construction, maintenance and operation of assets.
(2) The asset agreement must include provisions about accounting for, reporting on and managing the RMO assets.
(3) The asset agreement must not be inconsistent with any provision of this Agreement.
(4) The asset agreement may be reviewed and amended by agreement between the parties.
Note—The Authority may also enter an agreement or an understanding with a Contracting Government or Constructing Authority in relation to operating, maintaining and ensuring the required performance of an asset.
56. Authorisation of Further Works or Measures
(1) The Ministerial Council and, subject to sub‑clause (3), the Authority, may, to promote the equitable, efficient and sustainable use of the water and other natural resources of the Murray‑Darling Basin, authorise:
(a) the construction of any works in addition to works set out in Schedule A;
(b) the improvement of any works constructed under this Agreement;
(c) the replacement of any works constructed under this Agreement;
(d) work to remedy the extraordinary failure of part or all of any work constructed under this Agreement; and
(e) the implementation of any measures.
(2) Unless the Ministerial Council decides that a work or measure is required to address an emergency, a work or measure is authorised by the Ministerial Council if it is authorised by a work plan that includes the work or measure.
(3) The Authority may authorise the execution of any work or the implementation of any measure pursuant to this clause which is estimated to cost not more than $2,000,000 or such other amount determined by the Ministerial Council from time to time.
(4) All provisions of this Agreement apply mutatis mutandis to any work or measure approved under this clause.
(5) When any work or measure is authorised pursuant to this clause the Ministerial Council, the Authority or the work plan, as the case may be, must nominate which of the Contracting Governments shall be responsible for:
(a) the construction, operation and maintenance of such work; or
(b) the implementation of such measure,
in whole or in part.
(6) The Ministerial Council may:
(a) resolve to include any works or measures authorised pursuant to sub‑clause (1) in a Schedule to the Agreement; and
(b) approve any Schedule prepared or amended pursuant to paragraph (a).
(7) When a Schedule is approved by the Ministerial Council under paragraph (6)(b) it:
(a) becomes part of the Agreement; and
(b) takes effect as provided for in sub‑clause 5(2).
57. Ancillary, Preventative and Remedial Works
On the application of a Committee member and subject to the work plan, the Authority may meet, or contribute to the costs of, or associated with:
(a) the construction, operation or maintenance of‑
(i) any works of a Contracting Government ancillary to the works constructed pursuant to this Agreement or the former Agreement; and
(ii) any preventative or remedial works of a Contracting Government necessitated by, or arising from, the construction or operation of works constructed pursuant to this Agreement or the former Agreement;
(b) the acquisition by a Contracting Government of any interest in land necessary for the construction, operation or maintenance of those ancillary, preventative or remedial works, or for the provision of flood easements; and
(c) remedying any actual or anticipated damage or injury occasioned by the construction, operation or maintenance of any works provided for in this Agreement or the former Agreement.
58. Preparation and Submission of Designs etc of Works for Authority Approval.
(1) A Contracting Government nominated to construct a work pursuant to this Agreement must submit a general scheme of the work to the Authority for its approval.
(2) Before beginning to construct that work, the Contracting Government must submit designs, specifications and estimates of the work to the Authority for its approval.
(3) The Authority may approve the general scheme, designs, specifications or estimates with or without alterations or additions, or may, from time to time, refer any of them for amendment to the Contracting Government submitting them.
(4) The Contracting Government must carry out an authorised work in accordance with:
(a) the designs and specifications approved by the Authority; and
(b) any directions given by the Authority pursuant to clause 61.
59. Submission of Details of Measures for Authority Approval
(1) A Contracting Government nominated to implement any measure pursuant to this Agreement:
(a) must submit ‑
(i) a general description of the measure and of the method of implementing it; and
(ii) the estimated cost of implementing the measure,
to the Authority for its approval; and
(b) must submit proposed arrangements for sharing the costs of implementing the measure among the Contracting Governments to the Authority for the Authority to consider in the preparation of a recommendation to the Ministerial Council for the purposes of clause 72.
(2) The Contracting Government must implement an authorised measure in accordance with:
(a) those matters approved by the Authority under sub‑clause (1);
(b) any directions given by the Authority pursuant to clause 61.