or such other amounts as may be specified in the work plan, from time to time.
PART XIV—EFFECT OF SNOWY SCHEME
139. Effect of Snowy Scheme
Subject to Divisions 2 and 3 of Part XII, the Authority must determine the respective allocations to New South Wales and Victoria of water made available from the Snowy Scheme for the purposes of this Agreement, in the manner set out in Schedule F.
PART XV—MISCELLANEOUS
140. Resolution of Disputes
(1) If the Committee fails to agree on any motion submitted by a Committee member within two months, that Committee member may refer the matter to the Ministerial Council.
(2) If the Ministerial Council fails to resolve the matter within six months, any member may refer it to an arbitrator.
(3) When a matter is referred to an arbitrator, any Contracting Government may give the other Contracting Governments written notice to agree to appoint an arbitrator to decide the matter.
(4) If an arbitrator is not appointed within two months of notice being given, the Chief Justice of the Supreme Court of Tasmania, or the person acting in that office, may appoint an arbitrator at the request of the Contracting Government giving notice under sub‑clause (3).
(5) The decision of any arbitrator appointed under this clause:
(a) is deemed to be the decision of the Committee; and
(b) binds the Committee, the Ministerial Council and the Contracting Governments.
(6) This clause does not apply to a resolution:
(a) on a question of law; or
(b) which has been decided by a majority vote of the Committee pursuant to a provision of this Agreement.
141. Resolution of operational management and delivery inconsistencies
(1) If the Authority or the Committee is of the opinion that there are operational management and delivery inconsistencies between the application of the Basin Plan and any State’s management and delivery of State water entitlements or of entitlements to water exercised within its territory, the Committee must consider and seek to resolve the matter in accordance with this clause.
(2) If the Committee is unable to resolve a matter before it under this clause that is of strategic significance (including a matter that is of strategic significance because it relates to State water entitlements), the Committee may request the Ministerial Council to make a strategic direction in relation to the matter.
(3) A request made by the Committee under sub‑clause (2) must be accompanied by a statement that outlines the strategic significance of the relevant matter and details the question or questions on which the Committee seeks direction.
142. Proposals to Amend Agreement
(1) The Authority must review this Agreement:
(a) within twelve months of the Basin Plan first taking effect; and
(b) at any other time, as it thinks fit,
and may, as a result of such a review, recommend to the Ministerial Council any amendments it thinks necessary or desirable.
(2) The Authority must consult the Committee when carrying out a review under sub‑clause (1).
143. Giving Information to the Authority
Each Contracting Government must give all the information it can to the Authority for the purposes of this Agreement, whenever the Authority requests it.
144. Authorities to Observe Agreement
Each Contracting Government must ensure that any public authority which exercises functions under this Agreement, observes its provisions.
PART XVI—INDEMNITIES IN RESPECT OF COMMITTEE AND AUTHORITY
145. Indemnity in Respect of Payments Made by Commonwealth
(1) Subject to sub‑clauses 37(2) and 38(2), any payment made by the Commonwealth of Australia in respect of losses or costs incurred by it arising:
(a) from any act or omission of the Authority in the bona fide execution of the powers vested in the Authority by or under this Agreement;
(b) because of the operation of section 239F of the Water Act;
(c) because of the operation of either of sections 239J or 239K of the Water Act in respect of proceedings relating to the Commission or a person who was appointed as a President or Deputy President; or
(d) because of an indemnity in either of items 7(1) or 7(3) of Schedule 3 to the Water Amendment Act 2008 (Commonwealth),
must be borne by the Contracting Governments in equal shares.
(2) Sub‑clause (1) does not apply to a payment made by the Commonwealth of Australia under paragraph (1)(a) in its capacity as a Contracting Government under this Agreement.
(3) In this clause, the terms “President” and “Deputy President” have the same meanings as under the former Agreement.
Note—Section 174 of the Water Act provides that financial liabilities of the Authority are taken to be liabilities of the Commonwealth.
146. Indemnity in Respect of Payments Relating to Former Commissioners
(1) Any payment made by the Commonwealth of Australia in respect of:
(a) a liability arising because of the operation of either of sections 239J or 239K of the Water Act in respect of proceedings relating to a person who was appointed as a Commissioner or Deputy Commissioner; or
(b) losses or costs incurred by it because of the indemnity in item 7(2) of Schedule 3 to the Water Amendment Act 2008 (Commonwealth),
must be borne by the Contracting Government which had appointed that Commissioner or Deputy Commissioner.
(2) In this clause, the terms “Commissioner” and “Deputy Commissioner” have the same meanings as under the former Agreement.
147. Commonwealth to consult other Contracting Governments
(1) Upon receiving notice of a claim to which either of clauses 145 or 146 may apply, the Commonwealth must give written notice of the claim to each State Contracting Government or Governments which may be liable, because of the operation of either of those clauses, to bear any part of a payment made in respect of that claim.
(2) Before settling a claim to which sub‑clause (1) refers, the Commonwealth must obtain the agreement of the State Contracting Government or Governments which will be liable to bear any part of a payment made in respect of that settlement because of the operation of either of clauses 145 or 146.
148. Liability for Acts of Committee Members
Each Contracting Government must indemnify each Committee member appointed for or by that Contracting Government in respect of any act or omission of that Committee member and for any losses or costs incurred by that Committee member, in the bona fide execution of the powers vested in the Committee by or under this Agreement.
PART XVII—TRANSITIONAL PROVISIONS
DIVISION 1—TRANSITION TO THIS AGREEMENT
149. Definitions
In this Division:
“commencing day” means the day on which this Agreement comes into effect;
“current financial year” means the financial year during which this Agreement comes into effect;
“next financial year” means the financial year following the current financial year;
150. Transitional provisions relating to coming into effect of this Agreement
(1) Acts or things consistent with this Agreement done by or on behalf of a Contracting Government or the Authority, the Committee or the Commission in anticipation of this Agreement are deemed to have been done under and in accordance with its provisions.
(2) Without limiting the generality of sub‑clause (2):
(a) any estimates for the current financial year sent by the Commission to the Contracting Governments before the commencing day are deemed to be estimates sent by the Authority in respect of that year;
(b) any moneys paid by a Contracting Government to the Commission before the commencing day are deemed to have been paid to the Authority under clause 75 for the current financial year;
(c) any moneys spent by the Commission before the commencing day in accordance with estimates referred to in paragraph (a) are deemed to have been spent pursuant to the Agreement for the current financial year;
(d) if the commencing day falls between 31 March and 30 June in any year, any estimates sent by the Commission to the Contracting Governments before that day for the next financial year are deemed to be estimates sent by the Authority for that next financial year.
(3) Money of a kind referred to in clause 83 paid by a Contracting Government to the Commission in the current financial year is deemed to have been paid under that clause.
(4) At the commencing day, the shares of the control of the transitional RMO assets will be retained by the Commonwealth, South Australia, New South Wales and Victoria, in the following shares:
Commonwealth 20%
South Australia 26.67%
New South Wales 26.67%
Victoria 26.67%
(5) The shares referred to in sub‑clause (4) may be altered by the asset agreement.
DIVISION 2—AMENDMENTS MADE BY THE WATER AMENDMENT (MURRAY‑DARLING BASIN AGREEMENT) REGULATIONS 2017
151. Definitions
In this Division:
“amending regulations” means the Water Amendment (Murray‑Darling Basin Agreement) Regulations 2017.
“transition period” means the period that:
(a) starts at the commencement of the amending regulations; and
(b) ends when the first work plan is approved by the Ministerial Council under clause 34A.
152. Transitional provisions relating to amendments made by the Water Amendment (Murray‑Darling Basin Agreement) Regulations 2017
(1) Clauses 34, 34A and 35, as in force after the commencement of the amending regulations, apply in relation to reporting periods that start on or after that commencement.
(2) During the transition period, a reference in a provision of this Agreement (other than clause 34A or subclause 52(2) or 56(2)) to the work plan includes a reference to the corporate plan most recently approved under clause 34 before the commencement of the amending regulations (including any amendments of that corporate plan approved under clause 35 before or after that commencement).
(3) During and after the transition period, a reference in subclause 52(2) or 56(2) to a work plan is taken to include a reference to a corporate plan for any period that starts before the commencement of the amending regulations (including any amendments of that corporate plan approved under clause 35 before or after that commencement).
Signed for and on behalf of each of the parties by:
The Honourable Kevin Rudd MP )
Prime Minister of Australia )
The Honourable Nathan Rees MP )
Premier of the State of New South Wales )
The Honourable John Brumby MP )
Premier of the State of Victoria )
The Honourable Anna Bligh MP )
Premier of the State of Queensland )
The Honourable Michael Rann MP )
Premier of the State of South Australia )
Mr Jon Stanhope MLA )
Chief Minister of the Australian Capital Territory )
SCHEDULE A—WORKS
Description of Works<br>
Location<br>
Nominated Government<br>
DARTMOUTH DAM<br>Capacity of approximately 4,000,000 megalitres.<br>
Mitta Mitta River upstream of the town of Dartmouth, north‑eastern Victoria.<br>
Victoria<br>
HUME DAM<br>Capacity of approximately 3,038,000 megalitres.<br>
River Murray upstream of the city of Albury, New South Wales.<br>
New South Wales and Victoria, jointly<br>
LAKE VICTORIA WORKS<br>Regulation reservoir with a storage capacity of approximately 700,000 megalitres.<br>
Lake Victoria, New South Wales connected with main stream of River Murray by Rufus River and Frenchman’s Creek.<br>
South Australia<br>
YARRAWONGA WEIR<br>Storage of about 120,000 megalitres.<br>
River Murray near the town of Yarrawonga, Victoria.<br>
Victoria<br>
WEIR AND LOCKS<br>Construction of thirteen weirs and locks in the course of the River Murray from its mouth to Echuca, namely:<br>
River distance from Murray mouth in kilometres.<br>
No 1 Blanchetown
274
South Australia
No 2 Waikerie
362
South Australia
No 3 Overland Corner
431
South Australia
No 4 Bookpurnong
516
South Australia
No 5 Renmark
562
South Australia
No 6 Murtho
620
South Australia
No 7 Rufus River
697
South Australia
No 8 Wangumma
726
South Australia
No 9 Kulnine
765
South Australia
No 10 Wentworth
825
New South Wales
No 11 Mildura
878
Victoria
No 15 Euston
1,110
New South Wales
No 26 Torrumbarry
1,368
Victoria
MURRAY MOUTH BARRAGES:<br>
Goolwa
Goolwa Channel
South Australia
Mundoo
Mundoo Channel
South Australia
Boundary
Boundary Creek Channel
South Australia
Ewe Island
Ewe Island Channel
South Australia
Tauwitchere
Tauwitchere Island
South Australia
SCHEDULE B—BASIN SALINITY MANAGEMENT
PART I—PRELIMINARY
1. Purpose
(1) The purpose of this Schedule is to implement certain aspects of the Basin Salinity Management 2030, or any subsequent strategy approved by the Ministerial Council to manage salinity, as follows:
(a) by promoting works, measures and other action to reduce or limit the rate at which salinity increases within the Murray‑Darling Basin;
(b) by providing for the adoption of salinity targets;
Note—Targets adopted under this Schedule also apply for some purposes under the Basin Plan.
(c) by providing accountability arrangements for all actions (including environmental water recovery, delivery and use) that result in significant salinity impacts;
(d) by providing for monitoring, assessing, auditing and reporting on matters set out in this Schedule and on progress in implementing the Basin Salinity Management 2030.
(2) The accountability arrangements mentioned in paragraph 1(1)(c) include maintaining Registers to:
(a) record salinity impacts; and
(b) allocate salinity credits and salinity debits to Contracting Governments.
2. Definitions
Note—A number of expressions used in this Schedule are defined in clause 2 of the Agreement, including the following:
(a) Authority;
(b) Basin Plan;
(c) Committee;
(d) Ministerial Council.
(1) In this Schedule, unless the contrary intention appears:
(a) “Accountable Action” means an action that:
(i) is undertaken after a relevant Baseline Date; and
(ii) the Authority has decided will have a Significant Effect under paragraph 18(1)(b); and
(iii) the Authority has entered in a Register.
“action” means:
(i) any work or measure; and
(ii) any alteration to, or cessation of, any work or measure,
relevant to the purposes of this Schedule.
“average salinity” means the average daily salinity of the River Murray calculated in accordance with BSM procedures;
“average salinity costs” means the average costs to users of water from the upper River Murray and the River Murray in South Australia incurred because of the salinity of the water used, as calculated in accordance with BSM procedures;
“Baseline Conditions” means the conditions that contributed to the movement of salt through land and water within the Murray‑Darling Basin on 1 January 2000.
“Baseline Date” means:
(i) with respect to New South Wales, Victoria and South Australia—1 January 1988; and
(ii) with respect to Queensland and the Australian Capital Territory—1 January 2000;
“Basin Plan Water” means Commonwealth environmental water holdings or other held environmental water that is held by a State Contracting Government to offset the reduction in the long‑term average sustainable diversion limit.
Note—For reductions in the long‑term average sustainable diversion limit, see section 75 of the Act and subsection 6.13(3) of the Basin Plan.
“Basin Salinity Management 2030” means the strategy of that name adopted by the Ministerial Council on 27 November 2015, as amended from time to time.
“Basin Salinity Management Strategy” means:
(i) before the replacement of the former Agreement on 15 December 2008—Schedule C to that former Agreement as in force on and after 1 November 2002 until immediately before the replacement of the former Agreement; and
(ii) on and after the replacement of the former Agreement—Schedule B to the Agreement as in force immediately before the commencement of the Water Amendment (Murray‑Darling Basin Agreement—Basin Salinity Management) Regulations 2018.
“Basin Salinity Target” means the target referred to in clause 7;
“Benchmark Period” means the period from 1 May 1975 to 30 April 2000, or such other period as the Authority, on the advice of the Committee, may from time to time determine;
“BSM procedures” has the meaning given by subclause 40A(1).
“BSMS works or measures” means works or measures entered on a Register maintained under the Basin Salinity Management Strategy as BSMS works or measures.
“Collective Account” means information included in Register A under the heading Collective Account.
“Commonwealth Account” means information included in Register A under the heading Commonwealth Account.
“Delayed salinity impact” means a salinity impact which occurs after 1 January 2000, but which:
(i) in the case of New South Wales, Victoria or South Australia, is attributable to an action taken or decision made in that State before 1 January 1988; and
(ii) in the case of Queensland or the Australian Capital Territory, is attributable to an action taken or decision made in that State before 1 January 2000;
“End‑of‑Valley Target” means a target set out in Appendix 1 as amended from time to time by the Ministerial Council under clause 9 and includes a reference to the relevant End‑of‑Valley Target site;
“End‑of‑Valley Target site” means a site specified in Appendix 1 for an End‑of‑Valley Target.
“former Schedule” means Schedule C of the former Agreement;
“Joint Program” means the program of Joint works or measures referred to in sub‑clause 10(1);
“Joint work or measure” means either of the following:
(i) a work or measure authorised under clause 56 of the Agreement for the purposes of the Basin Salinity Management Strategy;