Previous Page Table of Contents Next Page


IV. INTERSTATE AGREEMENTS ON GROUNDWATER OR CONTAINING PROVISIONS ON GROUNDWATER


i. United States

Idaho - Washington

27. Interagency Agreement in the Matter of the Coordinated Management of the Pullman-Moscow Ground Water Aquifer [20 April 1992][31]

...

Whereas the ground water resource located in the Palouse River/Hangman Creek basins of Latah County, Idaho and Whitman County, Washington is an important water source for citizens of both Washington and Idaho, and

Whereas the Pullman Moscow Water Resources Committee (PMWRC), made up of representatives from Whitman County, Latah County, City of Pullman, City of Moscow, Washington State University and University of Idaho, has been established in recognition of local concerns for the safety and reliability of the ground water resource because of continuing declines in ground water levels in the Pullman-Moscow aquifer, and

Whereas computer-simulated modeling studies sponsored by the PMWRC indicate that the ground water level declines will continue if annual rate of withdrawal from the aquifer increases, and

Whereas applications filed in both Washington and Idaho in recent years for large withdrawals of water from the aquifer indicate the potential exists for substantially increased ground water withdrawals and an associated decline in ground water pumping levels, and

Whereas the PMWRC has adopted a coordinated management plan which sets goals for improved management of the Pullman Moscow aquifer and action plans aimed at achieving these goals have been adopted by each of the entities belonging to the PMWRC, and

Whereas the Director of the Department of Ecology of the State of Washington is charged with the administration of ground water resources to maintain a safe sustained yield (Revised Code of Washington 90 44 130) and is authorized by Washington law to represent the state in matters pertaining to interstate water rights and water development, and

Whereas the Director of the Department of Water Resources of the State of Idaho is charged with the administration of ground water to maintain reasonable pumping levels (Section 42 226, Idaho Code) and is authorized by Section 42 1805, Idaho Code to represent the state in matters pertaining to interstate water rights and water development, and

Whereas the responsible officials of each state desire to achieve coordinated management of the ground water resources of the Pullman Moscow aquifer in accordance with their respective state laws and in cooperation with the PMWRC and its member entities

Now therefore it is hereby agreed that administration of the ground water resources of the Pullman Moscow aquifer will be in accordance with the adopted Groundwater Management Plan of the PMWRC to the extent that such plan can be implemented and administered under the laws of each state. The following specific actions will be taken by the administrative agency of each state to implement the plan:

1. Issuance of new permits to appropriate ground water and approval of applications to change existing ground water rights will be guided by the withdrawal limitations in the PMWRC plan. The state administrative agencies will provide copies of all such applications to the PMWRC for review and evaluation relative to compliance with the PMWRC plan. The decision making authority rests with the state agency, but the recommendations of the PMWRC will be made part of the official record for each application.

2. Applicants proposing significant (as determined by the director of the state within which the application is filed) increases in withdrawal of ground water from the Pullman-Moscow aquifer will be required to provide information on alternative sources of water conservation practices to be implemented to reduce the quantity of water withdrawn and similar information needed to demonstrate compliance with the PMWRC plan.

3. Applicants for transfer of ground water rights across the state line will be considered in accordance with the applicable laws of each state and will be guided by the PMWRC plan.

4. The administrative agency of each state will, within the funding available and the priorities set by the director of each state endeavour to enforce the applicable laws of each state, relative to supervision of construction and maintenance of wells, unauthorized diversion and use of water, and conservation of water to achieve the goals of the PMWRC plan.

5. Within funding specifically available for such purposes, the administrative agency of each state will cooperate in studies necessary to evaluate the ground water resource and improve management of it.

6. A representative of each agency will be designated by the director of each agency as responsible for coordination of the agency's activities with the PMWRC.

...

ii. Australia

South Australia - Victoria

28. Border Groundwaters Agreement [15 October 1985][32]

...

Whereas it is desirable to make provision to protect the groundwater resources adjacent to the border between the State of South Australia and the State of Victoria and to provide for the co-operative management and equitable sharing of those resources and to guard against the undue depletion or degradation thereof:

Now it is hereby agreed as follows -

Part I - Interpretation

Definitions

1. In this Agreement save where inconsistent with the context -

"aquifer" means a geological structure or formation or an artificial land fill permeated or capable of being permeated permanently or intermittently with water;

"bore" with respect to South Australia, means any well as defined by section 5 of the Water Resources Act 1976 and with respect to Victoria, means any bore as defined by section 2 of the Groundwater Act 1969, but in neither case includes any well or bore from which water is extracted or proposed to be extracted for one or more of the following purposes and for no other purposes -

(a) household purposes;
(b) watering animals kept for domestic and stock purposes; or
(c) the irrigation of a garden not exceeding 0·4 hectares in extent used solely in connexion with a dwelling and from which no produce is sold;

"Committee" means the Review Committee constituted under clause 6;

"contracting Government" means the Government of the State of South Australia or the Government of the State of Victoria;

"designated area" means the area comprising part of the State of South Australia and part of the State of Victoria as specified in the First Schedule;

"extraction" in relation to any bore includes withdrawing, taking, using or permitting the withdrawing, taking or using of water from that bore;

"granting authority" means -

(a) in the case of South Australia, the Minister administering the Water Resources Act 1976; and

(b) in the case of Victoria -

(i) the Minister administering Part III of the Groundwater Act 1969;
(ii) the Director-General of Water Resources; or
(iii) the Rural Water Commission of Victoria -

as the case requires;

"groundwater" with respect to South Australia means any underground waters as defined by section 5 of the Water Resources Act 1976 and with respect to Victoria means any groundwater as defined by section 2 of the Groundwater Act 1969;

"member" means a member of the Committee;

"Minister" with respect to South Australia means the Minister administering the Water Resources Act 1976 and with respect to Victoria means the Minister administering Part V of the Groundwater Act 1969;

"permissible annual volume" means the permissible annual volume of extraction specified for each zone in the Second Schedule, or in relation to a particular zone, such other volume as has been determined by the Committee under clause 28(2);

"permissible distance from the border between the State of South Australia and the State of Victoria" means a distance of one kilometre from that border, or in relation to a particular zone, such other distance as has been determined by the Committee under clause 28(2);

"permissible level of salinity" means such level of salinity as results in electro-conductivity not in excess of so many microsiemens per centimetre at twenty-five degrees Celsius as may be agreed upon by the Minister of each Contracting Government for any zone pursuant to clause 28(6), or in relation to a particular zone, such other level as has been agreed upon by the Minister of each Contracting Government under clause 28(4);

"permissible rate of potentiometric surface lowering" means an average annual rate of potentiometric surface lowering of 0·05 metres, or in relation to a particular zone, such other rate as has been agreed upon by the Minister of each Contracting Government under clause 28(4);

"permit" means -

(a) any licence provided for in section 43 of the South Australian Water Resources Act 1976;
(b) any permit provided for in section 49 of the South Australian Water Resources Act 1976;
(c) any permit provided for in Part III of the Victorian Groundwater Act 1969;
(d) any licence provided for in section 51 of the Victorian Groundwater Act 1969;

"schedule" means a schedule to this Agreement;

"zone" means any zone as specified in the First Schedule.

[Omitted: Interpretation, Part II - Approval and enforcement]

Part III - The Review Committee

Constitution

6. There shall be a Review Committee for the purposes of this Agreement, which shall have such status and such powers and duties and enjoy such privileges and immunities as may be conferred upon it by this Agreement and any Acts approving it.

7. The Committee shall consist of four members.

Appointment of members and deputy members

8. Two members and one deputy member shall be appointed by the Minister of each Contracting Government.

Term of appointment

9. Each member and deputy member shall be appointed for a term not exceeding five years but shall be eligible for re-appointment.

When deputy member may act

10. Whenever -

(a) a member is -

(i) absent from Australia or from duty;
(ii) unable for any reason to attend a meeting of the Committee; or
(iii) otherwise unable to perform the duties of that member's office; or

(b) there is a vacancy in the office of a member for either State -

the deputy member for the same State shall act as a member for that State and while so acting, shall have all the powers and perform all the duties of a member.

Powers of members

11. Subject to the provisions of this Agreement the members shall have equal powers.

Remuneration of members and deputy members

12. Each member or deputy member shall be paid by the Contracting Government by whose Minister that member or deputy member has been appointed such remuneration, allowance or expenses (if any) as shall be determined by or under any applicable law or, in the absence of such law, by that Contracting Government.

Removal from office

13. A member or deputy member may at any time be removed from office by the Minister of the State for which that member or deputy member was appointed.

Resignation

14. A member or a deputy member may at any time tender resignation of his or her appointment by writing signed by that member or deputy member addressed to the Minister of the State for which that member or deputy member was appointed and such resignation shall take effect upon, and only upon, acceptance thereof by that Minister.

Vacancies

15. Whenever a vacancy occurs in the office of a member or deputy member, the Minister of the State for which the member or deputy member whose office has become vacant was appointed shall appoint a person to the vacant office.

Validity of proceedings

16. No act, proceeding or determination of the Committee shall be invalid on the ground only of any defect in the appointment of any member or deputy member.

Meetings of the Review Committee

17. (1) The members may meet together for the transaction of the Committee's business and may adjourn any meeting.

(2) A member may at any time call a meeting of the Committee.

(3) The members shall, at the first meeting in any calendar year, elect a member as President during that year who shall preside at all meetings of the Committee at which he or she is present.

(4) At any meeting of the Committee at which the elected president is not present, the members present shall appoint a President from among their number, for the purposes of that meeting.

(5) The four members shall be a quorum and, subject to clause 18(2), the concurrence of all of them shall be necessary for the transaction of the business of the Committee.

(6) Subject to this Agreement, the Committee shall regulate the conduct of its own proceedings.

(7) The Committee shall cause proper minutes of all its proceedings to be kept.

(8) A resolution in writing, signed by all the members of the Committee shall have the same validity and effect as it would have had if it had been passed at a meeting of the Committee duly convened and held. Any such resolution may consist of several documents in like form, each signed by one or more of the members. The date and time of affixing a signature as aforesaid shall be endorsed on the document to which it is affixed and, provided that all members have signed as aforesaid, the resolution shall be deemed to have been passed at the latest time so endorsed.

Delegation

18. (1) The Committee may either generally or in relation to a matter or class of matters by resolution of the Committee delegate to any member any of its powers under this Agreement, other than this power of delegation.

(2) A delegation under clause 18(1) may be revoked by a majority vote of the four members or, and in the event of an equality of votes the President shall have a second or casting vote.

(3) A delegation of any power pursuant to this clause shall not prevent the exercise of that power by the Committee.

(4) A power so delegated, when exercised by the delegate, shall for the purposes of this Agreement, be deemed to have been exercised by the Committee.

Liability for acts of members of Review Committee

19. Each Contracting Government shall indemnify the members and deputy member appointed by the Minister of that Contracting Government in respect of any act or omission of those members or that deputy member, and for any losses or costs incurred by them, in the bona fide execution of the powers vested in the Committee by or under this Agreement or the Act approving the same.

Studies and investigations

20. The Committee may from time to time co-ordinate, or cause to be carried out, surveys, investigations and studies concerning the use, control, protection, management or administration of groundwater within the Designated Area.

Recommendations to Contracting Governments

21. The Committee may make recommendations to the Contracting Governments or to any authority, agency or tribunal of a Contracting Government concerning any matter which in the opinion of the Committee may in any way affect the investigation, use, control, protection, management or administration of groundwater within the Designated Area.

Proposals to amend Agreement

22. The Committee shall from time to time review this Agreement and, if in its opinion amendments thereto are necessary or desirable, make recommendations to the Contracting Governments accordingly.

Furnishing information and particulars

23. Each Contracting Government shall furnish or cause to be furnished to the Committee, at such times as the Committee may require, all the information and particulars that the Committee may require for any of the purposes of this Agreement and which that Contracting Government is able to furnish.

Part IV - Management plan

Designation of border area and potentiometric surface levels

24. (1) This Agreement shall apply to all lands and to all groundwater within the Designated Area.

(2) For the purposes of this Agreement, the potentiometric surface levels of groundwater within any zone shall be determined by reference to, and shall be deemed to be as at 1 July 1982, as indicated in the Third Schedule.

Application of legislation

25. Subject to the provisions of this Agreement -

(a) the provisions of the South Australian Water Resources Act 1976 and of regulations made thereunder shall apply to such portion of the State of South Australia as is within the Designated Area;

(b) the provisions of the Victorian Groundwater Act 1969 and of regulation made thereunder shall continue to apply to such portion of the State of Victoria as is within the Designated Area - and the provisions of those Acts and regulations shall respectively be applied to -

(i) all bores existing within the Designated Area at the date of this Agreement;

(ii) all applications to construct, deepen, enlarge or alter bores or to extract water therefrom as are made after the date of this Agreement; and

(iii) any bores constructed, deepened, enlarged or altered or from which water is extracted, after the date of this Agreement.

Management prescriptions

26. Subject to clause 28 no application for a permit shall be granted and no permit renewed -

(a) in relation to the construction, deepening, enlarging or altering of any bore which passes or will pass through two or more aquifers unless a condition is attached to such permit which requires that an impervious seal be made and maintained between such aquifers.

(b) in relation to the construction, deepening, enlarging or altering of any bore, or the extraction of water from any bore, in any zone where the effect of extracting water from that bore would be to exceed the permissible annual volume for that zone;

(c) in relation to the construction, deepening, enlarging or altering of any bore, or the extraction of water from any bore, in any zone if that bore is situated within, or proposed to be situated within, a distance less than the permissible distance from the border between the State of South Australia and the State of Victoria for that zone unless the Committee has first considered the matter and determined that such application may be granted or such permit may be renewed; or

(d) in relation to the construction, deepening, enlarging or altering of any bore, or the extraction of water from any bore, where the bore is situated in, or proposed to be situated in a zone where the average annual rate of potentiometric surface lowering has exceeded the permissible rate of potentiometric surface lowering over the preceding five years.

Preparation of reports

27. (1) As soon as practicable after 30 June in each year, each Contracting Government shall in relation to the zones within its respective jurisdiction cause to be prepared a report stating -

(a) the number of permits granted or renewed in each of those zones in the preceding year ending on 30 June;

(b) the annual volume of extraction which has been authorised in relation to each such permit;

(c) the total number of bores situated in each zone in the preceding year ending on 30 June;

(d) details of the potentiometric surface levels obtained from observation bores within each zone in the preceding year ending on 30 June; and

(e) the levels of salinity in such bores within each zone as shall be specified by the Committee in the preceding year ending on 30 June.

(2) The report referred to in sub-clause (1) shall be considered by the Committee as soon as practicable after the report has become available.

(3) In this clause "observation bore" with respect to South Australia, means any well as defined by section 5 of the Water Resources Act 1976 and with respect to Victoria, means any bore as defined by section 2 of the Groundwater Act 1969.

Powers of Review Committee

28. (1) The Committee shall meet to consider the report prepared by each Contracting Government relating to the previous year.

(2) At intervals of not more than five years, the Committee shall review -

(a) the permissible distance from the border between the State of South Australia and the State of Victoria; and

(b) the permissible annual volume of extraction -

in relation to each zone and shall have the power to alter either or both of the same in relation to any zone.

(3) At intervals of not more than five years, the Committee shall review -

(a) the permissible rate of potentiometric surface lowering; and
(b) the permissible levels of salinity (if any) established pursuant to sub-clause 28(6) -

in relation to each zone and if the Committee is satisfied that any alteration to either or both of the same is desirable in relation to any zone, it may recommend any such alteration to the Minister of each Contracting Government.

(4) Where the Minister of each Contracting Government agrees with any such recommendation, the permissible rate of potentiometric surface lowering or the permissible level of salinity, or both as the case may be, for any zone shall be deemed to have been altered in accordance with any such recommendation.

(5) The Committee may at any time recommend to the Minister of each Contracting Government that a permissible level of salinity be declared for any zone.

(6). Where the Minister of each Contracting Government agrees with any such recommendation, a permissible level of salinity shall be deemed to have been declared for that zone in accordance with such recommendation.

Periods of restriction

29. (1) Whenever in the opinion of the Committee it is necessary or desirable for the better investigation, use, control, protection, management or administration of groundwater within the Designated Area, it may by resolution declare a period of restriction in relation to any zone.

(2) A period of restriction may be declared for any period not exceeding five years and may be renewed from time to time for any further period not exceeding five years.

(3) A period of restriction may be declared in relation to any zone notwithstanding that the permissible annual volume or the permissible level of salinity (if any) or the permissible rate of potentiometric surface lowering for that zone, or any or all of them, has not been exceeded in any previous year.

(4) During any period of restriction no application for a permit shall be granted and no permit renewed in relation to the construction, deepening, enlarging or altering of any bore, or the extracting of water from any bore in any zone to which the period of restriction relates unless -

(a) the details of the application or of the proposed renewal have first been considered by the Committee;

(b) the granting authority has first considered any recommendation made by the Committee with respect to the application or the proposed renewal; and

(c) thirty days have elapsed from the date on which the details of the application or of the proposed renewal have been considered by the Committee.

(5) Where, contrary to any recommendation made by the Committee pursuant to sub-clause (4)(b), the granting authority determines that an application for a permit shall be granted or a permit renewed, the granting authority shall forthwith notify the Minister of the other Contracting Government of that determination.

Annual report

30. (1) As soon as practicable after 30 June in each year, the Committee shall prepare a report on its activities during the year ended on the preceding 30 June.

(2) The Committee shall give a copy of each report under sub-clause (1) to the Minister of each Contracting Government forthwith after it is prepared.

Publication of declarations etc.

31. Any alteration made under sub-clauses 28(2) or 28(4) or any declaration made under sub-clause 28(6) or 29(1) with respect to any zone shall be published in the Government Gazette of the Contracting Government within whose jurisdiction such zone is situate and in a newspaper circulating in that zone and shall take effect from the date of such publication in the Government Gazette.

[Omitted: First Schedule, Second Schedule, Third Schedule]

...

Commonwealth of Australia - New South Wales - South Australia - Victoria

29. Murray-Darling Basin Agreement [24 June 1992][33]

...

Whereas the Commonwealth, New South Wales, Victorian and South Australian Governments wish to promote and co-ordinate effective planning and management for the equitable efficient and sustainable use of the water, land and environmental resources of the Murray-Darling Basin:

And whereas those Governments have agreed that this Agreement should be substituted for an Agreement made between the parties on the first day of October 1982 and amended by Agreements of the 30th day of October 1987 and the 4th day of October 1990, each of which was subsequently approved by the Parliament of each party:

Now it is hereby agreed by the parties to this Agreement as follows -

Part I - Interpretation

Purpose

1. 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, land and other environmental resources of the Murray-Darling Basin.

Definitions

2. In this Agreement save where inconsistent with the context:

...

"Commission" means the Murray-Darling Basin Commission.

...

"Contracting Government" means any of the Governments of the Commonwealth, New South Wales, Victoria, South Australia and of any other State becoming a party pursuant to clause 134.

...

"former Agreement" means the Agreement made on 9 September 1914 between the Prime Minister of the Commonwealth of Australia and the Premiers of the States of New South Wales, Victoria and South Australia as amended by further Agreements dated 10 August 1923, 23 July 1934, 26 November 1940, 2 November 1954, 11 September 1958, 8 October 1963, 26 February 1970, 1 October 1982, 30 October 1987 and 4 October 1990.

...

"land" includes:

(a) Crown lands;
(b) buildings; and
(c) any interest, right or privilege in, over or affecting any land.

...

"measures" includes strategies, plans and programs.

...

"Ministerial Council" means the Ministerial Council established by Part III.

"Murray-Darling Basin" means so much of the area within the boundaries of the map shown in Schedule B as forms part of the territory of the Contracting Governments.

"officer" means a person employed by the Commission under paragraph 36(a).

...

"President" means the President of the Commission appointed under sub-clause 20(1).

"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.

...

"river" and "tributary" respectively include any affluent, effluent, creek, anabranch or extension of, and any lake or lagoon connected with, the river or tributary.

...

"State" means the State of New South Wales, the State of Victoria, the State of South Australia or any State becoming a party pursuant to clause 134.

...

"State Contracting Government" means any of the Governments of New South Wales, Victoria, South Australia, or of any State becoming a party pursuant to clause 134.

...

[Omitted: Interpretation, Part II - Approval and enforcement]

Part III - The Ministerial Council

Constitution of Ministerial Council

8. (1) The Ministerial Council constituted under the former Agreement is continued in existence.

(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 and any Acts approving the same.

(3) The Ministerial Council shall consist of up to three Ministers from each Contracting Government who have prime responsibility for matters relating to water, land and environment.

...

Functions of the Ministerial Council

9. The functions of the Ministerial Council are:

(a) generally to consider and determine major policy issues of common interest to the Contracting Governments concerning effective planning and management for the equitable efficient and sustainable use of the water, land and other environmental resources of the Murray-Darling Basin;

(b) to develop, consider and, where appropriate, to authorise measures for the equitable, efficient and sustainable use of such water, land and other environmental resources;

(c) to authorise works as provided for in Part VI;

(d) to agree upon amendments to this Agreement including amendments to or addition of Schedules to this Agreement as the Ministerial Council considers desirable from time to time;

(e) to exercise such other functions as may be conferred on the Council by this Agreement or any amendment or any Act approving the same.

[Omitted: 10 - Ministerial Council may direct Commission, 11 - Ministerial Council may require Commission to report, 12 - Proceedings of the Ministerial Council, 13 - Resolutions other than at meetings, 14 - Appointment of Committees, 15 - Nomination of responsible Minister]

Part IV - The Commission

Constitution

16. (1) The Murray-Darling Basin Commission constituted under the former Agreement is continued in existence.

(2) The Commission shall have such status and such powers and duties and enjoy such privileges and immunities as may be conferred upon it by this Agreement and any Acts approving the same.

Functions and powers of the Commission

17. (1) The functions of the Commission are:

(a) to advise the Ministerial Council in relation to the planning, development and management of the water, land and other environmental resources of the Murray-Darling Basin;

(b) to assist the Ministerial Council in developing measures for the equitable efficient and sustainable use of water, land and other environmental resources of the Murray-Darling Basin;

(c) to co-ordinate the implementation of or, where the Ministerial Council so requires, to implement any measures authorised by the Ministerial Council under paragraph 9(b);

(d) to give effect to any policy or decision of the Ministerial Council, which the Ministerial Council requires the Commission to implement; and

(e) to exercise the powers and discharge the duties conferred on it by this Agreement, or any Act approving the same.

(2) Paragraph 17(1)(d) does not operate:

(a) to confer any powers on the Commission in addition to powers conferred by other provisions of this Agreement, or any Act approving the same;

(b) to enable the Commission to do anything for which Part V and subsequent Parts provide, otherwise than as provided for by those Parts as amended from time to time.

(3) The advice referred to in paragraph 17(1)(a) shall be determined by majority vote of the Commissioners present who, with the presiding member, constitute a quorum. In the event of a unanimous decision not being reached, the presiding member and each Commissioner may tender separate advice to the Ministerial Council.

(4) In addition to any powers conferred upon it by other provisions of this Agreement, or any Act approving the same, the Commission has power, under the name of the Commission:

(a) to contract; and
(b) to acquire, hold, deal with or dispose of property, for the purpose of performing its functions and exercising its powers.

Composition of Commission

18. The Commission shall consist of the President and the Commissioners appointed pursuant to clause 20.

[Omitted: 19 - Declaration of interests, 20 - Appointment of President, Deputy President, Commissioners and Deputy Commissioner, 21 - Terms of appointment, 22 - Continuation in office, 23 - When Deputy President or Deputy Commissioner may act, 24 - Powers and duties of the President, 25 - Powers of Commissioners, 26 - Conditions of appointment and remuneration of the President, 27 - Remuneration of Commissioners and Deputy Commissioners, 28 - Removal from office, 29 - Resignation, 30 - Vacancies, 31 - Validity of proceedings, 32 - Meetings of the Commission, 33 - Resolutions other than at meetings, 34 - Delegation, 35 - Appointment of Committees, 36 - Employees of the Commission, 37 - Employment of officers in public service or in statutory authorities, 38 - Liability for acts of the President, the Commissioners and officers]

Part V - Investigation, measurement and monitoring

Investigations and studies

39. (1) The Commission 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, land and other environmental resources of the Murray-Darling Basin, including but not limited to works or measures for:

...

(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.

...

(3) Except as provided in sub-clause 39(2), the Commission must not carry out or cause to be carried out surveys, investigations or studies within the territory of any State without:

(a) informing the Ministerial Council of the proposed surveys, investigations and studies; and

(b) obtaining the consent of that State Contracting Government.

(4) The Commission may initiate proposals for works or measures resulting from surveys, investigations or studies carried out under this clause.

(5) If the implementation of any proposal is likely significantly to affect water, land or other environmental resources under the control, supervision or protection of a Contracting Government or a public authority responsible to that Contracting Government, the Commission must -

(a) inform the Ministerial Council of the likelihood;

(b) consider any submissions made by that or any other Contracting Government, or public authority; and

(c) report to the Ministerial Council on any such submissions and the result of the Commission's consideration thereof.

Monitoring

40. The Commission:

(a) must, from time to time, advise the Ministerial Council on the adequacy and effectiveness of the arrangements for monitoring; and

(b) subject to Clause 42, may establish, maintain and operate effective means for monitoring the quality, extent, diversity and representativeness of water, land and other environmental resources of the Murray-Darling Basin, including but not limited to -

(i) aquatic and riverine environments, and
(ii) the effect of groundwater on water, land and other environmental resources.

[Omitted: 41 - Measurements of water quantity and quality, 42 - Need for approval in certain cases, 43 - Power to arrange data in lieu, 44 - Water quality objectives, 45 - Recommendations re water quantity and quality, 46 - Commission to be informed of new proposals, 47 - Environmental assessment, 48 - Protection of catchment of Hume Reservoir; Part VI - Construction, operation and maintenance of works; Part VII - Finance; Part VIII - Reports; Part IX - Proceedings in default; Part X - Distribution of waters; Part XI - Menindee Lakes storage; Part XII - Effect of Snowy Mountains Agreement; Part XIII - Miscellaneous; Schedule A - Works; Schedule B - Murray-Darling Basin; Schedule C - Salinity and drainage strategy; Schedule D - Application of agreement to Queensland; Schedule E - Interstate transfer of water allocations; Schedule F - Cap on diversions, Memorandum of Understanding - Australian Capital Territory's participation in the Murray-Darling Basin Initiative]


[31] FAOLEX (FAO legal database online).
[32] FAOLEX (FAO legal database online).
[33] FAOLEX (FAO legal database online).

Previous Page Top of Page Next Page