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River Murray Waters Act 1934

Authoritative Version
Act No. 11 of 1934 as made
An Act to ratify and approve an Agreement for the further variation of the Agreement entered into between the Prime Minister of the Commonwealth and the Premiers of the States of New South Wales, Victoria, and South Australia, respecting the River Murray and Lake Victoria and -other Waters, and for other purposes.
Date of Assent 30 Jul 1934
Date of repeal 01 Feb 1984
Repealed by River Murray Waters Act 1983

RIVER MURRAY WATERS.

 

No. 11 of 1934.

An Act to ratify and approve an Agreement for the further variation of the Agreement entered into between the Prime Minister of the Commonwealth and the Premiers of the States of New South Wales, Victoria, and South Australia, respecting the River Murray and Lake Victoria and other Waters, and for other purposes.

[Assented to 30th July, 1934.]

Preamble.

WHEREAS on the ninth day of September, One thousand nine hundred and fourteen, the Prime Minister of the Commonwealth of Australia, acting for and on behalf of the Commonwealth, and the Premiers of the States of New South Wales, Victoria and South Australia, acting for and on behalf of those States respectively, entered into an Agreement (in this Act referred to as “the said Agreement”) respecting the River Murray and Lake Victoria and other Waters, subject to ratification by the Parliament of the Commonwealth and the Parliaments of the said States :

And Whereas the Parliament of the Commonwealth and the Parliaments of the said States have ratified and approved the said Agreement:

And Whereas on the tenth day of August, One thousand nine hundred and twenty-three the Prime Minister of the Commonwealth of Australia, acting for and on behalf of the Commonwealth, and the Premiers of the said States, acting for and on behalf of those States respectively, entered into an Agreement (in this Act referred to as “the said amending Agreement”) to vary the said Agreement, subject to ratification by the Parliament of the Common-wealth and the Parliaments of the said States:

And Whereas the Parliament of the Commonwealth and the Parliaments of the said States have ratified and approved the said amending Agreement:

And Whereas the Prime Minister of the Commonwealth of Australia, acting for and on behalf of the Commonwealth, and the Premiers of the said States, acting for and on behalf of those States respectively, have entered into an Agreement (in this Act referred to as “the further amending Agreement”) to vary the said Agreement, as varied by the said amending Agreement, subject to ratification by the Parliament of the Commonwealth and the Parliaments of the said States:


 

And Whereas it is desirable to ratify and approve the further amending Agreement:

Be it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows :—

Short title and citation.

1.—(1.)  This Act may be cited as the River Murray Waters Act 1934.

(2.)  The River Murray Waters Act 1915–1923 is in this Act referred to as the Principal Act.

(3.)  The Principal Act, as amended by this Act, may be cited as the River Murray Waters Act 1915–1934.

Act to bind crown.

2.  This Act shall bind the Crown.

Commencement

3.  This Act shall commence on a date to be fixed by Proclamation.

Ratification of further amending Agreement.

4.  The further amending Agreement, a copy of which is set out in section nine of this Act, is hereby ratified and approved.

Definitions.

5.  Section four of the Principal Act is amended by adding at the end of the definition of the words “The Agreement” the words “, and by the Agreement a copy of which is set out in the Third Schedule;”

Ratification of agreement.

6.  Section five of the Principal Act is amended by omitting all the words after the word “Act” (second occurring).

Works exempt from rates and taxes.

7.  Section twenty of the Principal Act is amended by omitting the word “contracting” (second occurring) and inserting in its stead the word “constructing”.

Operation of amendments effected by ss. 6 and 7.

8.  The amendments effected by sections six and seven of this Act shall be deemed to have taken effect on the thirty-first day of January, One thousand nine hundred and seventeen.

Third Schedule.

9.  The Principal Act is amended by adding at the end thereof the following Schedule:—

“THE THIRD SCHEDULE.

THE FURTHER AMENDING AGREEMENT.

Agreement made the twenty-third day of July One thousand nine hundred and thirty four between The Right Honorable Joseph Aloysius Lyons Prime Minister of the Commonwealth of Australia for and on behalf of the Commonwealth of the first part The Honorable Bertram Sydney Barnsdale Stevens Premier of the State of New South Wales for and on behalf of that State of the second part The Honorable Sir Stanley Seymour Argyle K.B.E. Premier of the State of Victoria for and on behalf of that State of the third part and The Honorable Richard Layton Butler Premier of the State of South Australia for and on behalf of that State of the fourth part

Whereas on the ninth day of September One thousand nine hundred and fourteen an Agreement was entered into by the Prime Minister of the Commonwealth of Australia and the Premiers of the States of New South Wales Victoria and South Australia with regard to the economical use of the waters of the River Murray and its tributaries for irrigation and navigation and to the reconciling of the interests of the Commonwealth and the said States which Agreement was ratified by the Parliament of the Commonwealth of Australia, and the Parliaments of the said States and which Agreement is hereinafter referred to as the Principal Agreement


 

“The Third Schedule—continued.

And Whereas on the tenth day of August One thousand nine hundred and twenty-three a further Agreement (hereinafter referred to as the “Amending Agreement”) was entered into by the Prime Minister of the Commonwealth of Australia and the Premiers of the States of New South Wales Victoria and South Australia modifying certain of the provisions of the Principal Agreement which further Agreement was ratified by the Parliament of the Commonwealth of Australia and by the Parliaments of the said States:

And Whereas at a Conference between The Honorable John Arthur Perkins Minister for the Interior of the Commonwealth of Australia The Honorable Reginald Walter Darcy Weaver Minister for Public Works of the State of New South Wales The Honorable George Louis Goudie Minister of Water Supply of the State of Victoria and The Honorable Herbert Sydney Hudd Commissioner of Public Works of the State of South Australia held on the fifteenth day of November One thousand nine hundred and thirty three certain resolutions were agreed to with a view to modifying certain of the provisions of the Principal Agreement as amended by the Amending Agreement.

Now it is hereby further agreed as follows:—

1. RATIFICATION AND ENFORCEMENT.

1.  This Agreement is subject to ratification by the Parliaments of the Commonwealth and of the States of New South Wales Victoria and South Australia and shall come into effect when so ratified.

2.  The Contracting Governments hereby agree to submit this Agreement for ratification to the respective Parliaments of the Commonwealth and of the said States during the present session of any such Parliament or if any such Parliament is not in session at the date of this Agreement then at the first session of such Parliament held after the date of this Agreement.

3.  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 and any Acts ratifying the same.

4.  On and after the date of ratification of this Agreement the Principal Agreement as amended by the Amending Agreement shall be read and construed as if the amendments made therein by this Agreement were incorporated therein.

II. AMENDMENT OF PRINCIPAL AGREEMENT AS AMENDED BY AMENDING AGREEMENT.

5.  Clause 20 of the Principal Agreement is amended—

(a) by adding at the end of paragraph (i) the words “with a capacity of approximately 1,250,000 acre feet of water and with a roadway along the top of the containing dam the dam and the roadway to be constructed of such dimensions and at such a height as will permit of an extension of the storage to approximately 2,000,000 acre feet of water in the future” ; and

(b) by omitting paragraphs (iii) and (iv) and inserting in their stead the following paragraphs:—

“(iii) the construction of a barrage in each of the following channels at the mouth of the River Murray, namely:—The Goolwa, Boundary Creek, Mundoo, Ewe Island and Tauwitchere Island Channels;

(iv) the construction of fourteen weirs or weirs and locks in the course of the River Murray from its mouth to Yarrawonga; and

(v) the construction of two weirs in the course of the River Murrum bidgee from its junction with the River Murray to Hay.”

6.  The works to be provided for under Clause 20 of the Principal Agreement as amended by this Agreement include such works of the kinds described in that Clause as have been or are being constructed at the date of this Agreement.

7.  Clause 21 of the Principal Agreement as amended by Clause 6 of the Amending Agreement is amended—

(a) by omitting the words “points between the mouth of the River Murray” and inserting in their stead the words “places between the point of discharge of the River Murray into the Sea” ; and

(b) by omitting the words “or on the River Darling above Wentworth (as the case may be).”


“The Third Schedule—continued.

8.  Clause 22 of the Principal Agreement is amended by omitting the words “weirs and”.

9.  Clause 23 of the Principal Agreement is amended by inserting in the second paragraph before the words “weirs and locks” the words “weirs or”.

10.   Clause 24 of the Principal Agreement is amended—

(a) by inserting in the first paragraph before the words “weirs and locks” (twice occurring) the words “Weirs or” ; and

(b) by omitting the second paragraph.

11.   Clause 26 of the Principal Agreement is amended—

(a) by inserting before the word “lock” (twice occurring) the words “weir and” ; and

(b) by omitting the numerals “(iii)” and “(iv)” and inserting in their stead the numerals “(iv)” and “(v)” respectively.

12.   Clause 27 of the Principal Agreement is amended by omitting the words “weir or lock across or” and inserting in their stead the word “look”.

13.   Clause 30 of the Principal Agreement is omitted and the following Clause is inserted in its stead:—

“30.  The States of New South Wales Victoria and South Australia may at any time extend the construction of the Upper Murray Storage to a capacity of not more than approximately 2,000,000 acre feet of water and in that event the cost of such extension and the maintenance of such extension when completed shall be borne by the said States or any one or more of them in such shares or wholly by any one State as may be mutually agreed upon by the said States and subject to this clause the provisions of this Agreement shall mutatis mutandis apply to the work of extension in all respects as if that work were a work mentioned in Clause 20 of this Agreement.”

14.   Clause 32 of the Principal Agreement is amended by omitting the words and figures after the word “estimated” and inserting in their stead the words “not to exceed Twelve million pounds and shall be borne by the Contracting Governments in equal .shares.”

15.   Clause 33 of the Principal Agreement is omitted and the following clause is inserted in its stead:—

“33.   The cost of maintaining operating and controlling

(i) the gauging stations for the making and recording of the gaugings mentioned in Clause 18 of this Agreement; and

(ii) the works mentioned in Clause 20 of this Agreement when completed,

shall be borne by the State Contracting Governments in equal shares.”

16.   Clause 34 of the Principal Agreement is amended—

(a) by omitting the first paragraph and inserting in its stead the following paragraph—

“The Commission shall in the month of March of each year prepare detailed estimates of the amounts of money respectively required during the twelve months from the first day of July then next ensuing—

(a) for the cost of carrying out the works mentioned in Clause 20 of this Agreement; and

(b) for the costs of maintenance operation and control mentioned in Clause 33 of this Agreement

showing the manner in which it is proposed to expend such moneys. A copy of the detailed estimate of the amount of money required for the cost of carrying out the works mentioned in Clause 20 of this Agreement shall be forwarded to each of the Contracting Governments and the Contracting Governments shall provide the amount of money so required according to the shares sot out in Clause 32 of this Agreement and pay the same to the Commission before the expiration of the said period of twelve months. A copy of the detailed estimate of the amount of money required for the costs of maintenance operation and control mentioned in Clause 33 of this Agreement shall be forwarded to each of the State Contracting Governments and the State Contracting Governments shall provide the amount of money so required according to the shares set out in Clause 33 of this Agreement and pay the same to the Commission before the expiration of the said period of twelve months; and


“The Third Schedule—continued.

(b) by omitting the last paragraph and inserting in its stead the following paragraph:—

“If in the opinion of the Commission it is necessary in any year to provide for any expenditure in excess of the amount set out in the estimate of that expenditure for that year the Commission shall prepare a detailed estimate of such excess expenditure. If the excess expenditure relates to the cost of carrying out the works mentioned in Clause 20 of this Agreement, a copy of the detailed estimate shall be forwarded to each of the contracting Governments and the Contracting Governments shall provide their respective shares thereof according to the shares set out in Clause 32 of this Agreement and pay the same to the Commission before the expiration of that year. If the excess expenditure relates to the costs of maintenance operation and control mentioned in Clause 33 of this Agreement a copy of the detailed estimate shall be forwarded to each of the State Contracting Governments and the State Contracting Governments shall provide their respective shares thereof according to the shares set out in Clause 33 of this Agreement and pay the same to the Commission before the expiration of that year.”

17.   Clause 36 of the Principal Agreement is omitted.

18.   Clause 37 of the Principal Agreement is amended by omitting the words “under this Agreement” and inserting in their stead the words “in carrying out the works mentioned in Clause 20 of this Agreement.”

19.   Clause 51 of the Principal Agreement is amended by omitting the words “weirs and”;

III. INTERPRETATION.

20.   Clause 61 of the Principal Agreement is amended—

(a) by inserting after the definition of “Contracting Government” the following definition—

“‘Contracting Governments’ means all of the Governments which are parties to this Agreement”; and

(b) by adding at the end thereof the following definitions:

“‘State Contracting Government’ means any State Government which is a party to this Agreement;

‘State Contracting Governments’ means all of the State Governments which are parties to this Agreement.”

In Witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above-written.

SIGNED SEALED AND DELIVERED by the above-named JOSEPH ALOYSIUS LYONS in the presence of—

J. H. Starling

J. A. LYONS

(L.S.)

SIGNED SEALED AND DELIVERED by the above-named BERTRAM SYDNEY BARNSDALE STEVENS in the presence of—

R H Duncan

B S STEVENS

(L.S.)

SIGNED SEALED AND DELIVERED by the above-named STANLEY SEYMOUR ARGYLE in the presence of—

C.C. Gale

STANLEY S. ARGYLE

(L.S.)

SIGNED SEALED AND DELIVERED by the above-named RICHARD LAYTON BUTLER in the presence of—

M. A. F. Pearce

R. L. BUTLER

(L.S.)