(1) All works constructed under this Agreement for an amount exceeding $2,000,000 or such other higher amount determined by the Authority from time to time, must be let by tender.
(2) A Constructing Authority must obtain the approval of the Authority before accepting any tender relating to this Agreement for any amount exceeding $2,000,000 or such other amount determined by the Authority from time to time.
(3) If the concept or design of any work or measure or any changes thereto cause the total estimated cost of the work or measure to rise by more than 10% of the amount of the accepted tender, the Authority must:
(a) immediately notify the Ministerial Council; and
(b) if the Ministerial Council does not agree that the work or measure should proceed within one month of being notified of the increased estimated cost, direct the Constructing Authority to suspend further action on that work or measure.
61. Directions for the Efficient Construction etc of Works
(1) The Authority may give directions, as required to give effect to the work plan and asset management plan, or to give effect to a decision of the Ministerial Council under sub‑clause 29(3), to ensure:
(a) the efficient construction, operation, maintenance and required performance of any work; and
(b) the efficient implementation of any measures,
authorised pursuant to this or the former Agreement.
(2) A Constructing Authority must give effect to any directions given to it by the Authority under sub‑clause (1).
(3) The Authority may direct:
(a) if necessary, what shall be regarded as:
(i) investigations, construction and administration; or
(ii) major or cyclic maintenance; or
(iii) operation and maintenance,
for the purpose of clause 71; and
(b) the doing of such acts or things as it considers necessary to ensure that the provisions of this Part are observed.
(4) In exercising its power under paragraph (3)(a), the Authority must not direct that any of the following description of work shall be regarded as operation and maintenance:
(a) the execution of any improvement to the design or function of any existing work;
(b) the replacement of the whole of any existing work;
(c) work to remedy the extraordinary failure of part or all of any existing work.
62. States to Facilitate Construction and Operation Within Their Territories
A State Contracting Government must grant all powers, licences or permissions with respect to its territory as may be necessary for:
(a) the construction, operation or maintenance of any works;
(b) the implementation of any measures; or
(c) the carrying out of any operation,
required to be undertaken by any other Contracting Government or a public authority pursuant to this Agreement.
63. Works for Benefit of State Contracting Governments
(1) Any State Contracting Government which, either alone or jointly with another Contracting Government, proposes to carry out any work not provided for by this Agreement within the banks of the River Murray in South Australia or the upper River Murray, must submit particulars of the proposal, including plans of the proposed work, to the Authority.
(2) Sub‑clause (1) does not apply to the Great Darling Anabranch.
(3) The Authority may approve the plans of the proposed work with or without alteration.
(4) The Authority may from time to time stipulate conditions for the operation of any work constructed under this clause which:
(a) provides for the storage of water; or
(b) will affect the flow, use, control or quality of the water of the River Murray,
in so far as that operation may affect regulation of the flow or the quality of the water.
(5) The cost of constructing, operating and maintaining works proposed pursuant to this clause must be borne by:
(a) the State Contracting Government proposing the work; or
(b) the Contracting Governments jointly proposing the work in such proportion as may be agreed between those Contracting Governments.
(6) A State Contracting Government must operate any work carried out pursuant to this clause in such manner as the Authority may require from time to time.
64. Declaration that Works or Measures are Effective
At any time after construction of any work or implementation of any measure authorised pursuant to sub‑clause 56(1) has commenced, the Authority may declare that work or measure to be effective for the purposes of this Agreement.
65. Maintenance of Works
A Contracting Government nominated to construct a work pursuant to paragraph 52(1)(b) must maintain it and keep it effective for its original purpose, unless it has been declared ineffective pursuant to clause 70.
66. Procedures for Operation of Works
The Authority may, from time to time, determine procedures for the operation of works constructed or measures implemented pursuant to this or the former Agreement.
67. Dredging and Snagging
(1) The Authority may, to the extent provided for in the work plan or in an emergency, from time to time direct that the River Murray upstream of any weir constructed pursuant to this or the former Agreement be dredged or snagged for such distance as the Authority may determine.
(2) The distance determined pursuant to sub‑clause (1) must not exceed the distance to which the navigability of the River Murray is affected by the weir.
(3) The Contracting Government which constructed the weir must carry out the Authority’s direction and meet the cost involved, unless the work plan provides that the Authority will meet the whole or part of the cost.
68. Operation of Works
(1) The Contracting Government nominated to operate a work pursuant to paragraph 52(1)(b) must:
(a) operate it in accordance with any procedures determined by the Authority under clause 66;
(b) if the work is a lock, maintain immediately downstream of the lock such depth of water ‑
(i) as is sufficient for navigation of vessels drawing 1.4 metres of water; or
(ii) such other depth determined by the Authority under clause 124,
except when the lock is closed for maintenance or when there is an emergency.
(2) Paragraph (1)(b) does not apply to Weir and Lock No.26 Torrumbarry nor to Weir and Lock No.15 Euston.
69. Performance of Joint Duties
Where Contracting Governments are jointly under a duty to operate or maintain any works or implement any measures or to carry out any operation, any questions as to which Government is to perform that duty or carry out that operation shall be resolved:
(a) by mutual agreement; or
(b) if agreement is not possible, by the Authority.
70. Ineffective Works
(1) The Authority may at any time and in accordance with the asset management plan, or in an emergency, declare ineffective the whole or part of any work or measure which is subject to this or the former Agreement.
(2) The Authority may require that the whole or any part of any work declared to be ineffective be dismantled.
PART IX—FINANCE
71. Definitions
In this Part:
“annuity contribution” has the meaning set out in sub‑clause 73(1);
“investigations, construction and administration costs” means the costs of:
(a) investigating and constructing works set out in Schedule A; and
(b) investigating and constructing any other works and implementing measures authorised under this Agreement; and
(c) studies, programs, surveys and investigations carried out pursuant to clause 43; and
(d) establishing systems referred to in clause 45; and
(e) systems established pursuant to a request made under paragraph 47(b); and
(f) special action taken under sub‑clause 51(5) which the Authority has determined to be investigations, construction and administration costs; and
(g) any payment by the Authority in respect of the construction of works under clause 57; and
(h) complying with the direction given under sub‑clause 60(3); and
(i) dismantling works referred to in sub‑clause 70(2); and
(j) any payment by the Authority under paragraph 138(a); and
(k) administrative and other expenses of the Committee, Basin Community Committee, Authority and the Ministerial Council in respect of their functions, powers and duties;
“major or cyclic maintenance” has a meaning determined by reference to the guidelines established by the Authority under sub‑clause 73(3);
“operation and maintenance costs” means the costs of:
(a) operating and maintaining works set out in Schedule A; and
(b) operating and maintaining any other works authorised under this Agreement; and
(c) operating and maintaining systems referred to in clause 45; and
(d) operating and maintaining systems established pursuant to a request made under paragraph 47(b); and
(e) special action taken under sub‑clause 51(5) which the Authority has determined to be operation and maintenance costs; and
(f) any payment made by the Authority in respect of the operation or maintenance of works under clause 57; and
(g) such dredging or snagging carried out under clause 67 which the work plan provides will be met by the Authority; and
(h) any payment made by the Authority under paragraph 138(b).
72. Apportionment of Costs
(1) The Ministerial Council, after considering any recommendation of the Authority, must determine:
(a) what contribution, if any, is to be made by Queensland or the Australian Capital Territory, or both; and
(b) whether some or all of that contribution is to be made as a lump sum or in a comparable manner to a manner provided for in sub‑clause (3) or (4) or sub‑clause 73(1).
(2) Subject to sub‑clause (1), the Ministerial Council:
(a) may, on the recommendation of the Authority, from time to time determine which proportion of the services provided by river operations is attributable to each State Contracting Government; and
(b) must, at intervals not exceeding five years, reconsider the proportions determined under paragraph (2)(a); and
(c) may, on the recommendation of the Authority, alter the proportions determined under paragraph (2)(a).
(3) Unless the Ministerial Council decides otherwise and subject to any decision of the Ministerial Council under sub‑clause (1), a State Contracting Government must contribute to operation and maintenance costs in the relevant proportion determined under sub‑clause (2).
(4) Unless the Ministerial Council decides otherwise and subject to any decision by the Ministerial Council under sub‑clause (1) and the provisions of clause 73:
(a) the Commonwealth Government must contribute one‑quarter of all investigations, construction and administration costs after first deducting any contribution to those costs made by:
(i) Queensland and the Australian Capital Territory; or
(ii) any State pursuant to any understanding reached between that State and the Contracting Governments; and
(b) the State Contracting Governments must together contribute three‑quarters of all investigations, construction and administration costs:
(i) relating to river operations, in the relevant proportions determined under sub‑clause (2); and
(ii) relating to measures implemented under this Agreement, in equal shares.
(5) The Ministerial Council, after considering any recommendation by the Authority, must determine whether the costs of any special action taken under sub‑clause 51(5) are investigations, construction and administration costs or operation and maintenance costs.
73. Annuity Contributions
(1) The Ministerial Council, on the recommendation of the Authority, may from time to time determine that a Contracting Government must make an annual annuity contribution in respect of either or both of:
(a) investigations, construction and administration costs; and
(b) major or cyclic maintenance costs,
which the Contracting Government might otherwise be required to contribute under sub‑clause 72(1), (3), paragraph 72(4)(a) or sub‑paragraph 72(4)(b)(i), in any future year.
(2) In fixing any annuity contribution under sub‑clause (1), the Ministerial Council must have regard to the Authority’s estimate of costs which will be incurred during the next ensuing 30 years (or such other period as the Authority determines), as provided in the asset management plan, in relation to either or both of:
(a) the construction or renewal; and
(b) major or cyclic maintenance,
of works constructed, operated, maintained or renewed for the purposes of river operations (as the case requires) including any interest or other sums receivable or payable in respect of any income received, by the Authority from time to time in relation to those works.
(3) For the purposes of this Part, the Authority must establish guidelines for determining what is, and what is not, major or cyclic maintenance.
74. Annual and forward estimates
(1) The Authority must prepare:
(a) detailed annual estimates of its known and anticipated expenditure for the next financial year; and
(b) forward estimates of its known and anticipated expenditure for the three successive financial years following the next financial year.
(2) Annual and forward estimates must:
(a) show the estimated amount to be contributed by each Contracting Government; and
(b) be sent to each Contracting Government as soon as practicable in each year; and
(c) be included in the work plan for approval by the Ministerial Council.
(3) Annual and forward estimates may be amended by amendments to the work plan as provided in clause 35.
Note—the Contracting Governments note their agreement of May 2006 to at least maintain their 2006‑07 contributions to the Murray‑Darling Basin Commission in real terms for the four years to 2010‑2011. The Contracting Governments recommit to that agreement for the purpose of making their funding contributions to the Authority to the end of 2010‑2011, for the functions the Authority performs that were previously performed by the Murray‑Darling Basin Commission.
75. Payments by Contracting Governments
Each Contracting Government must pay any amount payable by it under clause 72 or 73 as and when required by the Authority.
76. Authority to Account
(1) All moneys received by the Authority from the Contracting Governments under this Agreement must be credited to the Murray‑Darling Basin Special Account.
(2) The Authority must account to the Ministerial Council and each Contracting Government for all moneys received from the Contracting Governments under this Agreement.
77. Application of Moneys by Authority
(1) Subject to sub‑clause (3), the Authority must apply money paid by the Contracting Governments in accordance with the relevant estimates referred to in paragraph 74(1)(a), the work plan and the other provisions of this Agreement.
(2) In any financial year, the Authority may:
(a) spend any anticipated savings on an item in the estimates prepared or revised under paragraph 74(1)(a) on any item which it anticipates will be overspent;
(b) advance sums to any Constructing Authority, public authority or person for expenditure in accordance with those estimates in that, or any subsequent financial year;
(c) advance working capital to a Constructing Authority and replenish amounts expended from that advance from time to time.
(3) The Authority may accumulate:
(a) any sums received under sub‑clause 72(3) or (4) for the purposes of river operations, but not expended in any year; and
(b) any annuity contributions received under clause 73,
for use in subsequent years.
(4) Any sum referred to in sub‑clause (3) and any interest thereon must:
(a) in the case of sums received under sub‑clause 72(3), only be expended on operation and maintenance costs; and
(b) in the case of sums received under sub‑clause 72(4), only be expended on investigations, construction and administration costs; and
(c) in the case of annuity contributions received under clause 73:
(i) from a State Contracting Government, only be expended on either:
(A) investigations, construction and administration costs; or
(B) major or cyclic maintenance costs,
of river operations, as the case requires; or
(ii) from the Commonwealth, only be expended on investigations, construction and administration costs of river operations.
78. Payments by Authority to Constructing Authorities
(1) The Authority must each year, and in accordance with the estimates referred to in paragraph 74(1)(a) and the work plan, pay to any Constructing Authority required by this Agreement:
(a) to construct, operate or maintain any works;
(b) to carry on any operation;
(c) to implement any measures,
an amount sufficient to defray either ‑
(d) the whole cost; or
(e) in the case of the cost referred to in paragraph 138(b), three quarters of the cost,
to be incurred by the Constructing Authority for those purposes in that year.
(2) The Authority must make the payments required under sub‑clause (1) at such times and in such manner as is agreed between the Authority and the Constructing Authority.
(3) The Authority must not make any payment relating to the construction of any works or implementation of any measures referred to in sub‑clause 56(1) until construction or implementation has been authorised in accordance with that sub‑clause.
79. Contracting Governments to Account
Each Contracting Government and any public authority must account to the Authority for all moneys received from the Authority under this Agreement.
80. Unexpended Balances
(1) Any unexpended balance of moneys paid to the Authority by Contracting Governments must only be expended under this Agreement in accordance with the work plan.
(2) The Authority must notify Contracting Governments of any unexpended balances of moneys referred to in sub‑clause (1) held by it at the end of any financial year.
81. List of Assets
(1) Except as provided in sub‑clause (2) the Authority must keep a list of assets acquired by:
(a) the Authority;
(b) a Constructing Authority with funds provided by the Authority.
(2) The Authority need not keep a list of assets referred to in paragraph (1)(b) if it is satisfied that: