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River Murray Waters Act 1983

Act No. 86 of 1983 as made
An Act to approve and provide for carrying out an agreement entered into between the Commonwealth, New South Wales, Victoria and South Australia with regard to the River Murray, the Menindee Lakes and other waters, and for other purposes
Date of Assent 14 Nov 1983
Date of repeal 06 Oct 1993
Repealed by Murray-Darling Basin Act 1993
 

RIVER MURRAY WATERS ACT 1983 No. 86, 1983

RIVER MURRAY WATERS ACT 1983 No. 86, 1983 - SECT. 1.
Short title.

the Commonwealth, New South Wales, Victoria and South Australia with regard to
the River Murray, the Menindee Lakes and other waters, and for other purposes


(Assented to 14 November 1983)

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the River Murray Waters Act 1983.

RIVER MURRAY WATERS ACT 1983 No. 86, 1983 - SECT. 2.
Commencement


2. This Act shall come into operation on a date to be fixed by Proclamation.

RIVER MURRAY WATERS ACT 1983 No. 86, 1983 - SECT. 3.
Interpretation


3. In this Act, unless the contrary intention appears-

''Agreement'' means the agreement a copy of which is set out in the Schedule;


''Commission'' has the same meaning as in the Agreement;

''Commissioner'' means a Commissioner of the Commission and includes a Deputy Commissioner of the Commission when acting as a Commissioner of the Commission;

''Commonwealth member'' means the Commissioner or Deputy Commissioner appointed under section 6;

''Constructing Authority'' has the same meaning as in the Agreement;

''Contracting Government'' has the same meaning as in the Agreement;

''former Agreement'' has the same meaning as in the Agreement;

''law of the Commonwealth'' includes a law of a Territory;

''works'' means works constructed under the former Agreement or constructed, or to be constructed, under the Agreement.

RIVER MURRAY WATERS ACT 1983 No. 86, 1983 - SECT. 4.
Approval of Agreement


4. The Agreement is approved.

RIVER MURRAY WATERS ACT 1983 No. 86, 1983 - SECT. 5.
Act to bind Crown


5. This Act binds the Crown in right of the Commonwealth.

RIVER MURRAY WATERS ACT 1983 No. 86, 1983 - SECT. 6.
Appointment of Commissioner and Deputy Commissioner


6. (1) The Governor-General may appoint a Commissioner and a Deputy Commissioner.

(2) Subject to this Act, a Commonwealth member holds office for such period, not exceeding 5 years, as is specified in the instrument of his appointment, but is eligible for re-appointment.

(3) A Commonwealth member holds office on such terms and conditions (if any) in respect of matters not provided for by this Act or another law of the Commonwealth as are determined by the Governor-General.

(4) The appointment of a Commonwealth member is not invalidated and shall not be called in question by reason of a defect or irregularity in or in connection with his appointment.

RIVER MURRAY WATERS ACT 1983 No. 86, 1983 - SECT. 7.
Remuneration and allowances


7. (1) A Commonwealth member shall be paid such remuneration (if any) as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration (if any) as is prescribed.

(2) A Commonwealth member shall be paid such allowances (if any) as are prescribed.

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(3) This section has effect subject to the Remuneration Tribunals Act 1973.

RIVER MURRAY WATERS ACT 1983 No. 86, 1983 - SECT. 8.
Resignation


8. A Commonwealth member may resign his office by writing under his hand addressed to the Governor-General but the resignation does not have effect unless and until it is accepted by the Governor-General.

RIVER MURRAY WATERS ACT 1983 No. 86, 1983 - SECT. 9.
Termination of appointment


9. The Governor-General may at any time terminate the appointment of a Commonwealth member.

RIVER MURRAY WATERS ACT 1983 No. 86, 1983 - SECT. 10.
Jurisdiction of State courts


10. Nothing in any law of the Commonwealth shall be taken to exclude or limit the jurisdiction of a court of a State in relation to the performance of a duty or the exercise of a power by the Commission or a Commonwealth member.

RIVER MURRAY WATERS ACT 1983 No. 86, 1983 - SECT. 11.
Appropriation of moneys


11. All moneys required to be provided by the Commonwealth under the Agreement shall be provided out of moneys to be appropriated by the Parliament for the purpose.

RIVER MURRAY WATERS ACT 1983 No. 86, 1983 - SECT. 12.
Exemption from taxes and charges


12. No tax, charge or fee is payable under a law of the Commonwealth in respect of any works or in respect of any property used in or held for the purposes of any works by a Contracting Government or Constructing Authority.

RIVER MURRAY WATERS ACT 1983 No. 86, 1983 - SECT. 13.
Evidence


13. (1) Every minute or record of the proceedings of the Commission that is signed by the Commissioners, or a copy of such a minute or record certified as correct under the hand of a Commissioner or the secretary of the Commission, shall be presumed to be correct until the contrary is proved.

(2) A document signed by, and containing a decision of, an arbitrator appointed under the Agreement is, in any proceeding, prima facie evidence of the decision.

(3) A document purporting to be a minute or record, or copy, referred to in sub-section (1) or document referred to in sub-section (2) shall, unless the contrary is established, be deemed to be such a minute or record, copy or document, as the case may be.

RIVER MURRAY WATERS ACT 1983 No. 86, 1983 - SECT. 14.
Certain documents to be laid before Parliament


14. All reports and statements received under the Agreement by the Governor-General shall be laid before both Houses of the Parliament without delay.

RIVER MURRAY WATERS ACT 1983 No. 86, 1983 - SECT. 15.
Regulations


15. The Governor-General may make regulations, not inconsistent with this Act, prescribing matters-

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

RIVER MURRAY WATERS ACT 1983 No. 86, 1983 - SECT. 16.
Amendment of Snowy Mountains Hydro-electric Power Act


16. Section 5B of the Snowy Mountains Hydro-electric Power Act 1949
is amended by omitting ''agreements copies of which are set out in the Schedules to the River Murray Waters Act 1915'' and substituting ''agreement a copy of which is set out in the Schedule to the River Murray Waters Act 1983''.

RIVER MURRAY WATERS ACT 1983 No. 86, 1983 - SECT. 17.
Repeal and Transitional


17. (1) The following Acts are repealed:

Menindee Lakes Storage Agreement Act 1963;

River Murray Waters Act 1915;

River Murray Waters Act 1923;

River Murray Waters Act 1934;

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River Murray Waters Act 1948;

River Murray Waters Act 1954;

River Murray Waters Act 1958;

River Murray Waters Act 1963;

River Murray Waters Act 1970;

River Murray Waters Act 1974.

(2) A person who, immediately before the commencement of this Act, held office as the Commissioner or the Deputy Commissioner appointed under section 6 of the River Murray Waters Act 1915, continues to hold office, subject to this Act, for the remainder of his term of office as if he had been appointed as the Commissioner or the Deputy Commissioner, as the case may be, under section 6 of this Act.

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RIVER MURRAY WATERS ACT 1983 No. 86, 1983 - SCHEDULE

SCHEDULE
Section 3
RIVER MURRAY WATERS AGREEMENT

between

THE COMMONWEALTH OF AUSTRALIA

THE STATE OF NEW SOUTH WALES

THE STATE OF VICTORIA

THE STATE OF SOUTH AUSTRALIA

1982

I N D E X

PART I

Interpretation
Clause
Definitions 1<
Interpretation 2

PART II


Approval and Enforcement

Substitution 3

Approval 4

Submission to Parliament 5

Parties to provide for enforcement of Agreement and Acts 6

PART III

The Commission

Constitution 7, 8

Appointment of Commissioners and Deputy Commissioners 9

Term of Appointment 10

Continuation in Office 11

When Deputy Commissioner may act 12

Powers of Commissioners 13

Remuneration of Commissioners and Deputy Commissioners 14

Removal from office 15


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Resignation 16

Vacancies 17

Validity of proceedings 18

Meetings of the Commission 19

Delegation 20

Appointment of Committees 21

Officers of the Commission 22

Employment of officers in public service or in statutory authorities 23

Liability for acts of Commissioners and officers 24

PART IV

Water Quality and Control

Studies and investigations 25

Measurements of water quantity and quality 26

Water quality objectives and standards 27

Recommendations re water quantity and quality 28

Commission to be informed of new proposals 29

Regard to be had to river and water management objectives 30

Protection of catchment of Hume Reservoir 31

PART V

Construction, Operation and Maintenance of Works

Major works subject to the Agreement 32

Authorisation of additional works 33

Ancillary, preventative and remedial works 34

Preparation and submission of designs, etc. for Commission approval 35

Commission and Government approval of certain tenders 36

Directions for the efficient construction etc. of works 37

Completion of Chowilla Reservoir 38

States to facilitate construction and operation within their territories 39

Works for benefit of State Contracting Governments 40

Declaration that works effective 41

Maintenance of works 42

Procedures for operation and control of works 43

Dredging and snagging 44

Operation and control of works 45

Performance of joint duties 46

Ineffective works 47

PART VI

Finance

Apportionment of costs 48

Financial year 49


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Detailed estimates of expenditure 50

Excess expenditure 51

Forward estimates 52

Payments by Contracting Governments 53

Payments by Commission to States 54

Unexpended balances 55

Disposal of surplus assets 56

Proper accounts to be kept 57

List of assets 58

Audit 59

Commission to account 60

Contracting Governments to account 61

Bank accounts 62

Investment 63

Application of moneys by Commission 64

Revenue 65

Tolls 66

Compensation for damage by works 67

PART VII

Reports

Preparation of reports 68

PART VIII

Proceedings in Default

Failure to perform works or contribute cost 69

PART IX

Distribution of Waters

Division 1-Interpretation

Definitions 70

Post Chowilla 71

Division 2-State Entitlements to Water

Measurement of South Australia's entitlement 72

South Australia's monthly entitlement 73

Variation of South Australia's entitlement 74

Use of Lake Victoria 75

Surplus flow to South Australia 76

Entitlements of New South Wales and Victoria 77

New South Wales' entitlement to water from Menindee Lakes 78

New South Wales' and Victoria's supply to South Australia 79

Limitations on use by New South Wales and Victoria 80

Division 3-Control by Commission

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Commission's role in operation of storages 81

Limitations on Menindee Lakes operation 82

Accounting for releases for dilution 83

Procedures for Dartmouth Dam operation 84

Reserve storage 85

Use of State works to convey Murray water 86

Division 4-Water Accounting

General 87

Allocation of water to New South Wales and Victoria 88

Allocation of water in Menindee Lakes Storage 89

Tributary inflows 90

Use by New South Wales and Victoria of allocated water 91

Snowy diversions out of Murray catchment 92

Losses 93

New South Wales' and Victoria's supply to South Australia 94

Deferment of continuous accounting of carryover of stored water 95

Reallocation of water between upper States 96

Accounting for quality of inputs from State tributaries and for Snowy Scheme 97


To provide efficient regulation of the Murray River 98

Accounting procedures 99

Accounting for spill from storages 100

Accounting for releases through Dartmouth Dam Power Station 101

Reallocation of water in Menindee Lakes Storage 102

Dilution at Swan Hill and Merbein 103

Division 5-Periods of Restriction

Declaration of restrictions 104

Variation of navigation depths during restrictions 105

Water under the control of the Commission 106

Sharing of water during restrictions 107

South Australian share during restrictions 108

PART X

Lake Victoria Works

Power to store water in Lake Victoria 109

Water stored in Lake Victoria 110

PART XI

Menindee Lakes Storage

Cessation of Menindee Lakes Storage Agreement 111

Maintenance of Menindee Lakes Storage 112

Full supply levels 113

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Financial contributions of Commission 114

PART XII

Effect of Snowy Mountains Agreement

Reconciliation with Snowy Mountains Agreement 115

PART XIII

Miscellaneous

Arbitration 116

Proposals to amend Agreement 117

Furnishing information and particulars 118

Authorities to observe Agreement 119

Transitional provisions 120

SCHEDULE A

Description of Works

AN AGREEMENT made the First day of October One thousand nine hundred and
eighty-two between-

THE COMMONWEALTH OF AUSTRALIA of the first part,

THE STATE OF NEW SOUTH WALES of the second part,

THE STATE OF VICTORIA of the third part, and

THE STATE OF SOUTH AUSTRALIA of the fourth part.

WHEREAS on 9 September 1914 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 and approved by the Parliament of the
Commonwealth of Australia and the Parliaments of the said States and which Agreement is
hereinafter referred to as the First Agreement:

AND WHEREAS by further Agreements dated 10 August 1923, 23 July 1934, 26
November 1948, 2 November 1954, 11 September 1958, 8 October 1963 and 26
February 1970, all made between the Prime Minister of the Commonwealth of
Australia and the Premiers of the States of New South Wales, Victoria and South
Australia certain provisions of the First Agreement were modified:

AND WHEREAS the further recited Agreements were all subsequently ratified and
approved by the Parliament of the Commonwealth of Australia and by the
Parliaments of the said States:

AND WHEREAS it is desirable to consolidate the provisions of the First
Agreement and further recited Agreements, and to incorporate certain
recommendations concerning the quality of waters and to provide for certain
other matters in addition to and in substitution for certain provisions of the
First Agreement and the further recited Agreements:

NOW IT IS HEREBY AGREED as follows-

PART I-INTERPRETATION

Definitions

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

''Commission'' means The River Murray Commission constituted under the former
Agreement and continued in existence under clause 7.

''Commissioner for the Commonwealth'' means the Commissioner appointed by the
Governor-General pursuant to clause 9.

''Commissioner for New South Wales'' means the Commissioner appointed by the
Governor of New South Wales pursuant to clause 9.


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''Commissioner for South Australia'' means the Commissioner appointed by the
Governor of South Australia pursuant to clause 9.

''Commissioner for Victoria'' means the Commissioner appointed by the Governor
of Victoria pursuant to clause 9.

''Commonwealth auditor'' means the Auditor-General of the Commonwealth or such
other person as may be appointed by the Governor-General for the purpose of
carrying out the inspection and audit referred to in paragraph 59 (1) (a).

''Contracting Government'' means any of the Governments of the Commonwealth,
the State of New South Wales, the State of Victoria or the State of South
Australia.

''Constructing Authority'' means the Contracting Government or Governments by
which any works authorised by this Agreement or the former Agreement have been
or are being constructed or are to be constructed or any authority constituted
or appointed for the purpose of such construction.

''Deputy Commissioner for the Commonwealth'' means the Deputy Commissioner
appointed by the Governor-General pursuant to clause 9.

''Deputy Commissioner for New South Wales'' means the Deputy Commissioner
appointed by the Governor of New South Wales pursuant to clause 9.

''Deputy Commissioner for South Australia'' means the Deputy Commissioner
appointed by the Governor of South Australia pursuant to clause 9.

''Deputy Commissioner for Victoria'' means the Deputy Commissioner appointed
by the Governor of Victoria pursuant to clause 9.

''diversions'' includes abstractions, impoundings and appropriations of water
that diminish or retard the volume of flow of a river.

''Doctors Point'' means the location of the Doctors Point stream gauging
station.

''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 1948, 2 November
1954, 11 September 1958, 8 October 1963 and 26 February 1970.

''Governor-General'' means Governor-General with the advice of the Executive
Council.

''Governor'' means Governor with the advice of the Executive Council.

''land'' includes Crown lands and buildings, messuages, tenements and
hereditaments of any tenure and any easement right or privilege in over or
affecting any land.

''maintenance'' includes repairs but does not include improvements to the
design or function of a work or replacement of the whole of the work.

''officer'' means a person in the employ of the Commission who has been
appointed or employed by the Commission under sub-clause 22 (1).

''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 or the
State of South Australia.

''State auditor'' means a person appointed by the Governor of any of the
States of New South Wales, Victoria and South Australia for the purpose of
carrying out the inspection and audit referred to in paragraph 59 (1) (b).

''State Contracting Government'' means any of the Governments of the State of
New South Wales, the State of Victoria or the State of South Australia.

''stored water'' means water stored in or by any of the works described in
Schedule A or in or by any of the works authorised under clause 33.

''the Authority'' means the Snowy Mountains Hydro-electric Authority.

''the Snowy Mountains Agreement'' means the agreement made between the
Commonwealth of Australia and the States of New South Wales and Victoria on 18

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September 1957, and the agreement between the same parties made on 14 December
1957, both of which agreements are set out in Schedules to the Snowy Mountains
Hydro-electric Power Act 1949 of the Commonwealth of Australia.

Interpretation

2. (1) Unless the contrary intention appears, a reference in this
Agreement to any Act shall be read as including a reference to any Act
amending, or in substitution for, that Act.

(2) The headings of Parts, Divisions and clauses shall not affect the
interpretation of this Agreement.

(3) Unless the contrary intention appears, words importing the
singular shall include the plural and vice versa and words importing any gender
shall include any other gender.

(4) Unless the contrary intention appears, a reference to a
Commissioner shall be read as including a Deputy Commissioner who is acting as
a Commissioner.

PART II-APPROVAL AND ENFORCEMENT

Substitution

3. Except as otherwise provided in this Agreement and without affecting in
any way the past operation of the former Agreement, this Agreement shall
replace the former Agreement.

Approval

4. This Agreement, other than clause 5, is subject to approval by the
Parliaments of the Commonwealth of Australia and of the States of New South
Wales, Victoria and South Australia; and shall come into effect when so
approved.

Submission to Parliament

5. The Contracting Governments hereby agree to submit this Agreement for
approval to the respective Parliaments of the Commonwealth of Australia and of
the said States as soon as practicable after the date of this Agreement.

Parties to provide for enforcement of Agreement and Acts

6. 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 approving it.

PART III-THE COMMISSION

Constitution

7. The River Murray Commission constituted under the former Agreement
shall continue to function for the purposes of this Agreement and of the Acts
approving the same, and 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 the said Acts.

8. The Commission shall consist of four Commissioners.

Appointment of Commissioners and Deputy Commissioners

9. One Commissioner and one Deputy Commissioner shall be appointed by each
of the Governor-General, the Governor of New South Wales, the Governor of
Victoria and the Governor of South Australia.

Term of Appointment

10. Each Commissioner and Deputy Commissioner shall be appointed for a
term not exceeding five years and shall be eligible for re-appointment.

Continuation in Office

11. Where, immediately before the date on which this Agreement comes into
effect, a person holds office as a Commissioner or a Deputy Commissioner by
virtue of a provision of the former Agreement, he continues on and after that
date, but subject to this Agreement, to hold office for the remainder of his
term of office as if he had been appointed under the corresponding provision of
this Agreement, and any instrument by which his appointment was made continues
in force accordingly.

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When Deputy Commissioner may act

12. Whenever-

(a) the Commissioner for the Commonwealth or a State is

(i) absent from Australia or from duty,

(ii) unable for any reason to attend a meeting of the Commission, or

(iii) otherwise unable to perform the duties of his office, or

(b) there is a vacancy in the office of the Commissioner for the Commonwealth or a State,

the Deputy Commissioner for the Commonwealth or that State, as the case may be,
shall act as Commissioner for the Commonwealth or that State, as the case may
be, and while so acting, shall have all the powers and perform all the duties of that Commissioner.

Powers of Commissioners

13. Subject as provided in this Agreement the Commissioners shall have
equal powers.

Remuneration of Commissioners and Deputy Commissioners

14. The Commission shall not be responsible for the payment of a
Commissioner's or Deputy Commissioner's remuneration, allowances or expenses,
but each Commissioner or Deputy Commissioner shall be paid by the Contracting
Government by whose Governor-General or Governor (as the case may be) the
Commissioner or Deputy Commissioner has been appointed such remuneration,
allowances 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

15. A Commissioner or a Deputy Commissioner for the Commonwealth may at
any time be removed from office by the Governor-General and a Commissioner or a
Deputy Commissioner for a State may at any time be removed from office by the
Governor of that State.

Resignation

16. A Commissioner or a Deputy Commissioner may at any time tender
resignation of his appointment by writing under his hand, addressed, in the
case of a Commissioner or a Deputy Commissioner for the Commonwealth, to the
Governor-General, or in the case of a Commissioner or a Deputy Commissioner for
a State, to the Governor of that State and such resignation shall take effect
upon, and only upon, acceptance thereof by the Governor-General or the Governor
as the case may be.

Vacancies

17. Whenever a vacancy occurs in the office of-

(a) a Commissioner or a Deputy Commissioner for the Commonwealth, the
Governor-General, or

(b) a Commissioner or a Deputy Commissioner for a State, the Governor of that State,

shall appoint a person to the vacant office.

Validity of proceedings

18. No act, proceeding or determination of the Commission shall be invalid
on the ground only of any defect in the appointment of any Commissioner or
Deputy Commissioner.

Meetings of the Commission

19. (1) The Commissioners may meet together for the transaction of the
Commission's business and may adjourn any meeting.

(2) A Commissioner may at any time call a meeting of the
Commissioners.

(3) The Commissioner for the Commonwealth shall be the President of
the Commission and shall be the chairman at all meetings of the Commission at
which he is present.


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(4) At any meeting of the Commission at which the Commissioner for the
Commonwealth is not present, the Deputy Commissioner for the Commonwealth shall
act as chairman of that meeting.

(5) The Commissioner for the Commonwealth shall have a deliberative
vote but shall not have a casting vote, except as provided in sub-clauses 20
(2), 82 (2) and 116 (5).

(6) The four Commissioners shall be a quorum and, except as provided
in sub-clauses 20 (2), 82 (2) and 116 (5), the concurrence of all of them shall
be necessary for the transaction of the business of the Commission.

(7) Except as provided in this Agreement, the Commission shall
regulate the conduct of its own proceedings.

(8) The Commission shall cause proper minutes of all its proceedings
to be kept.

(9) A resolution in writing signed by all the Commissioners shall be
as valid and effectual as if it had been passed at a meeting of the
Commissioners duly convened and held. Any such resolution may consist of
several documents in like form, each signed by one or more of the Commissioners. 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 Commissioners have
signed as aforesaid, the resolution shall be deemed to have been passed at the latest
time so endorsed.

Delegation

20. (1) The Commission may either generally or in relation to a matter or
class of matters by resolution of the Commission delegate to any Commissioner
or any officer any of its powers under this Agreement, except this power of
delegation.

(2) A delegation under sub-clause 20 (1) may be revoked by a majority
vote of the four Commissioners or, if the four Commissioners are equally
divided, by the casting vote of the Commissioner for the Commonwealth.

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

(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
Commission.

Appointment of Committees

21. (1) The Commission may, from time to time, appoint such temporary or
standing committees as it shall see fit.

(2) A committee shall have and perform such powers and functions as
the Commission determines.

(3) The Commission may make arrangements with a Contracting Government
with respect to which costs associated with the work of a committee shall be
borne by the Commission and which shall be borne by that Contracting
Government. Of the costs to be borne by the Commission, the Commission shall decide which
costs shall be borne by the Contracting Governments and which costs shall be
borne by the State Contracting Governments.

Officers of the Commission

22. (1) The Commission may from time to time-

(a) appoint or employ such officers as it thinks fit and may dismiss or
remove officers so appointed or employed,

(b) determine the terms and conditions of employment, including
remuneration, of officers and, subject to any applicable law,
provide for their superannuation, and

(c) subject to such terms and conditions as it may approve, engage
consultants.

(2) All officers shall be subject to the sole control of the Commission.

Employment of officers in public service or in statutory authorities

23. (1) The Commission may, with the consent of the Minister controlling
any Department of the Public Service of any Contracting Government and on such

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terms as may be mutually arranged, make use of the services of any of the
officers or employees of that Department.

(2) The Commission may, with the approval of a public authority and on
such terms as may be mutually arranged, make use of the services of any officer
or employee of that public authority.

(3) In sub-clause 23 (2), ''public authority'' means a body, whether
incorporated or not, established for a public purpose by a law of the
Commonwealth, a State or a Territory.

Liability for acts of Commissioners and officers

24. (1) Each Contracting Government shall indemnify the Commissioner and
Deputy Commissioner appointed by the Governor-General or the Governor of its
State, as the case may be, in respect of any act or omission of that
Commissioner or that Deputy Commissioner, and for any losses or costs incurred
by him, in the bona fide execution of the powers vested in the Commission by or
under this Agreement or any Act approving the same.

(2) The Contracting Governments shall jointly indemnify each officer
of the Commission in respect of any act or omission of that officer, and for
any losses or costs incurred by him, in the bona fide execution of his duties as an
officer of the Commission.

(3) Any payments made pursuant to sub-clause 24 (2) shall be borne by
the Contracting Governments in equal shares.

PART IV-WATER QUALITY AND CONTROL

Studies and investigations

25. (1) The Commission may from time to time co-ordinate, or carry out, or
cause to be carried out, surveys investigations and studies regarding the
desirability and practicability of works or measures for the better
conservation and regulation of the waters of the River Murray or for the
protection or improvement of the quality thereof.

(2) The Commission shall not carry out or cause to be carried out any
surveys investigations or studies relating to works or measures on or adjacent
to a tributary of the River Murray without obtaining the consent of the State in whose territory the tributary lies unless that tributary is a tributary above
Doctors Point or is the Darling River below Menindee.

(3) (a) The Commission may from time to time initiate proposals for
the better conservation and regulation of the waters of the River Murray or for
the protection or improvement of the quality thereof.

(b) Where the implementation of any such proposal would significantly
affect the flow, use, control or quality of any water under the control,
supervision or protection of a Contracting Government, or of an authority of a
Contracting Government, the Commission shall so inform that Contracting
Government or authority and consider any matters raised by that Contracting
Government or authority in repect of the proposal.

Measurements of water quantity and quality

26. (1) The Commission shall establish, maintain and operate an effective
and uniform system-

(a) for making and recording continuous measurements of-

(i) the volumetric flow of-

(A) the River Murray, and

(B) such of the tributaries of the River Murray as are within the
boundaries of each of the States, and

(ii) the volume of-

(A) the stored water, and

(B) the water stored in the Menindee Lakes Storage,

at such locations as the Commission deems necessary to determine the volume
of the intake from the several portions of the drainage area of the River
Murray, the volume of 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;

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(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 from its said tributaries; and

(c) for measuring and monitoring the quality of-

(i) the waters of the River Murray,

(ii) the waters of the tributaries of the River Murray at such locations
at or near the confluence of each of those tributaries with the River Murray as
the Commission, after consultation with the appropriate authorities of each of
the Contracting Governments, deems necessary,

(iii) the stored water, and

(iv) the water stored in the Menindee Lakes Storage.

(2) The Commission shall not establish, maintain or operate any of the
systems referred to in sub-clause 26 (1)-

(a) on or adjacent to a tributary of the River Murray without obtaining the
consent of the State in whose territory that tributary lies unless that
tributary is a tributary above Doctors Point or is the Darling River below
Menindee, or

(b) on or adjacent to the Menindee Lakes without obtaining the consent of
the State of New South Wales.

(3) Notwithstanding the provisions of sub-clause 26 (1), the
Commission may in lieu of establishing, maintaining, or operating the systems
referred to in that sub-clause-

(a) adopt the results of any measurements or monitoring made and recorded by
any Contracting Government, or

(b) request the State in whose territory the relevant tributary of the River
Murray or the Menindee Lakes lies to carry out such measuring or monitoring as
the Commission may consider necessary.

Water quality objectives and standards

27. The Commission may, in consultation with the appropriate responsible
authorities of each of the Contracting Governments, formulate water quality
objectives and, where appropriate, standards for any part of the River Murray
and may make recommendations with respect thereto to the Contracting
Governments.

Recommendations re water quantity and quality

28. The Commission may make recommendations to the Contracting
Governments, or to any authority, agency or tribunal of a Contracting
Government, concerning any matter, including the carrying out of any works or
measures by a Contracting Government, which, in the opinion of the Commission,
may improve, maintain or in any way affect the quality or quantity of the
waters of the River Murray or the stored water.

Commission to be informed of new proposals

29. (1) Whenever a Contracting Government, or one of its authorities, is
considering any proposal which may significantly affect the flow, use, control
or quality of any water under the control or supervision of the Commission,
that Contracting Government shall, or shall ensure that the authority shall, before
deciding if the proposal shall proceed and at such a time as will enable the
Commission to assess the possible effect of that proposal on the flow, use,
control or quality of that water and to make representations thereon to that
Contracting Government or that authority-

(a) inform the Commission of the proposal; and

(b) provide the Commission 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 Commission shall consult with each of the Contracting
Governments, and with any authority of a Contracting Government which that
Contracting Government considers is likely to consider a proposal of the type
referred to in sub-clause 29 (1), with a view to reaching agreement with that
Contracting Government, or that authority, as to-


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(a) the types of proposals to which sub-clause 29 (1) shall be deemed to
apply; and

(b) the criteria to be used in assessing those proposals to which sub-clause
29 (1) applies.

Regard to be had to river and water management objectives

30. In exercising its powers under this Agreement and in implementing the
provisions of Part IX, the Commission may, at its discretion, have regard to
the possible effects of its decisions on any river or water management objectives.

Protection of catchment of Hume Reservoir

31. (1) The Contracting Governments of the States of New South Wales and
Victoria shall take effective measures to protect from erosion the portions of
the catchment of the Hume Reservoir which lie within their respective States.

(2) Each of the said Contracting Governments shall before the end of
June in each year forward a report to the Commission on the condition of the
portion of the catchment of the Hume Reservoir within its territory, the
measures taken and work carried out during the twelve months ending on the 31st
day of March immediately preceding and particulars of the measures and works
proposed for the next twelve months.

(3) The Commission shall, 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 by the said Contracting Governments for the protection from erosion
of that catchment are effective or otherwise. If, on any inspection, the
Commission considers that any of those measures or works are ineffective, it
shall notify the Contracting Government concerned which shall, to the extent
that it may be practicable to do so, take action to make those measures and
works effective.

(4) The measures, works and action taken or carried out by a
Contracting Government pursuant to sub-clause 31 (1) or 31 (3) shall be taken
or carried out at the cost of that Contracting Government.

(5) If at any time the Commission considers that there is need for
special action to be taken for the protection from erosion of the catchment of
the Hume Reservoir other than, or in addition to, the measures, works and
action taken or carried out by each of the said Contracting Governments under
sub-clauses 31 (1) and 31 (3), the Commission may 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,
and authorised, by the Commission.

PART V-CONSTRUCTION, OPERATION AND MAINTENANCE OF WORKS

Major works subject to the Agreement

32. Each of the works described in Schedule A or authorised under clause
33 shall be constructed (unless already constructed under the former
Agreement), maintained, operated and controlled pursuant to the provisions of
this Agreement and any Acts approving the same and the construction,
maintenance, operation and control of each of those works shall, subject to
the provisions of this Agreement, be undertaken, in the case of the works
described in Schedule A, by the Contracting Government whose name is set
opposite to that work under the heading ''Nominated Government'' in the said
Schedule, and, in the case of works authorised under clause 33, by the Contracting
Government nominated in accordance with that clause.

Authorisation of additional works

33. (1) In any case where the Commission is of the opinion that it is
necessary for the purposes of this Agreement to construct a work in addition to
those described in Schedule A, including a work which the Commission has
determined is necessary to prevent the loss of the regulated flow of the River
Murray and is to be constructed on or near the River Murray between the Hume
Reservoir and the upstream limits of water impounded by Yarrawonga Weir or
between Tocumwal and Echuca, the construction of that work may be authorised,

(a) if the estimated cost of construction of that work is not in excess of
$1,000,000, by the Commission, or

(b) in any other case, by the Contracting Governments jointly,

and the provisions of this Agreement shall apply mutatis mutandis in respect of
that work.

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(2) When the construction of a work is authorised under sub-clause 33
(1), the Contracting Governments, or the Commission, as the case may be, shall
also nominate which Contracting Government shall be responsible for the
construction, maintenance, operation and control of that work.

Ancillary, preventative and remedial works

34. On the application of a Commissioner, the Commission may, at its
discretion, meet, or contribute to, the costs of, or associated with-

(a) the construction, maintenance, operation or control 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, maintenance, operation or control 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, maintenance, operation or control of any works provided for in
this Agreement or the former Agreement,

provided that the Commission shall first obtain the consent of the Contracting
Governments before meeting, or contributing to, the costs of, or associated
with, the construction of any ancillary, preventative or remedial work
estimated to cost in excess of $250,000.

Preparation and submission of designs, etc. for Commission approval

35. (1) Whenever a Contracting Government is nominated to construct a work
pursuant to this agreement, that Contracting Government shall cause to be
prepared and submitted to the Commission for its approval a general scheme of
the work to be constructed, and before commencing the construction of that work
shall cause to be prepared and submitted to the Commission for its approval the
necessary designs, specifications and estimates of that work.

(2) The Commission may approve the said general scheme, designs,
specifications or estimates with or without alterations or additions, or may,
from time to time, refer them or any of them for amendment to the Contracting
Government submitting them. The construction of the work shall be carried out
in accordance with the designs and specifications approved by the Commission and
with any directions given by the Commission pursuant to clause 37.

(3) The Commission shall furnish information to the Contracting
Governments in relation to the design and construction of any work estimated to
cost more than $1,000,000 and work shall not proceed unless the Contracting
Governments are satisfied that the design and construction of the work are in
accordance with the purposes for which the work was proposed. For the purposes
of this sub-clause, ''design'' means general design which illustrates the
nature and extent of the work and ''construction'' implies construction in accordance
with the said design.

Commission and Government approval of certain tenders

36. (1) A Constructing Authority shall obtain the approval of the
Commission before accepting any tender exceeding $1,000,000 in respect of any
work to be constructed pursuant to this Agreement, and the approval of the
Commission shall not be given without the prior approval of each of the
Contracting Governments.

(2) If, after a tender referred to in sub-clause 36 (1) has been
accepted, changes in the concept or design, or the concept and design, of the
works included in that tender cause the total estimated cost of those works at
the time of acceptance of the tender to rise by more than 10% above that total
estimated cost, the Commission shall forthwith notify the Contracting
Governments accordingly and shall direct the Constructing Authority to suspend
further work unless the Contracting Governments have within six months after
the Commission's notification agreed that work should proceed.

Directions for the efficient construction etc. of works

37. The Commission shall have full power to give directions to ensure the
efficient construction, operation and required performance of all works

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constructed pursuant to this Agreement or the former Agreement and to order and
direct-

(a) the rate of progress of works whether of construction or maintenance;

(b) the method and extent of maintenance of works;

(c) if necessary, what works shall be regarded as works of
construction or of maintenance; and

(d) such acts and things as it considers necessary for ensuring the due
observance of this Agreement;

and any directions so given shall be carried out by the Constructing Authority.

Completion of Chowilla Reservoir

38. Completion of the construction of the Chowilla Reservoir referred to
in Schedule A shall be deferred until the Contracting Governments agree that
the work shall proceed.

States to facilitate construction and operation within their territories

39. A Contracting Government within whose State any works for the purposes
of this Agreement are to be, or are being, or have been, constructed by another
Contracting Government, or an authority constituted or appointed for the
purpose of that construction by another Contracting Government, shall grant to
the Contracting Government or Constructing Authority all such powers, licences and
permissions in and to the use of, or with respect to, its territory as may be
necessary for the construction, maintenance, operation and control of those
works and for carrying out any operations authorised by this Agreement.

Works for benefit of State Contracting Governments

40. If any one of the State Contracting Governments desires to carry out
on the bed of, or within the banks of, the River Murray any work other than the
works provided for in this Agreement, either as a work of the State of that
State Contracting Government, or as a joint work with another State Contracting
Government, particulars of the proposal, including plans of the proposed work,
shall be submitted by that State Contracting Government, or those State
Contracting Governments, to the Commission. The Commission may approve the
proposed work with or without alteration and if the proposed work provides for
the storage of water or will affect the flow, use, control or quality of the
waters of the River Murray, the Commission may, from time to time, stipulate
conditions under which the said work shall be operated or controlled insofar as
regulation of the river flow, or the quality of water, may be affected, and the
whole cost of construction, maintenance, operation and control of the said work
shall be borne by the State Contracting Government or State Contracting
Governments concerned, as may be agreed upon between them, and the State
Contracting Government which operates and controls the work shall cause it to
be operated and controlled in such manner as may, from time to time, be
required by the Commission.

Declaration that works effective

41. At any time after the commencement of the construction of any work
described in Schedule A or authorised pursuant to sub-clause 33 (1), the
Commission may declare that work to be effective for the purposes of this
Agreement.

Maintenance of works

42. Where a Contracting Government has been nominated to construct a work
pursuant to this Agreement or the former Agreement, that Contracting Government
shall maintain the work so constructed and keep the same effective for the
purpose for which it was designed, unless that work shall have been declared to
have become ineffective in accordance with clause 47.

Procedures for operation and control of works

43. The Commission may, from time to time, determine procedures for the
operation and control of works constructed pursuant to this Agreement, or the
former Agreement.

Dredging and Snagging

44. (1) Where any weir has been constructed pursuant to this Agreement, or
the former Agreement, the Commission may from time to time, at its discretion,
determine that dredging or snagging in the River upstream of that weir shall be
carried out within such distance from that weir as the Commission shall

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determine, but not exceeding the distance to which the navigability of the
River Murray is affected by that weir. The Contracting Government which constructed
that weir shall, at its own cost, carry out such dredging or snagging as the
Commission may determine.

(2) Notwithstanding the provisions of sub-clause 44 (1), the
Commission may, in its absolute discretion, agree to bear the whole or part of
the cost of the said dredging and snagging.

(3) For the purposes of this clause, ''weir'' includes a weir and lock
or a barrage in any of the channels at the mouth of the River Murray.

Operation and control of works

45. The works constructed by a Contracting Government under this
Agreement, or the former Agreement, shall be operated and controlled by that
Contracting Government in accordance with procedures determined by the
Commission pursuant to clause 43; and that Contracting Government, in the case
of a lock constructed pursuant to this Agreement, or the former Agreement,
shall at all times maintain immediately upstream thereof a depth of water sufficient
for navigation by vessels drawing 1.4 metres of water or such other depth of
water as may be determined by the Commission under clause 105 provided that the
requirement as to depth shall not apply during the time that lock is closed for
maintenance or during a situation of emergency which renders it impracticable
to maintain the required depth of water at that lock.

Performance of joint duties

46. Where, pursuant to this Agreement, the duty of maintaining, operating
or controlling any works, or of carrying out any operation, is to be performed
by any two Contracting Governments jointly, any questions which may arise as to
which of those Contracting Governments is to perform that duty, or to carry out
that operation, shall, unless mutually agreed upon between them, be determined
by the Commission.

Ineffective works

47. The Commission may at any time declare that the whole or any part of
any of the works constructed, maintained, operated or controlled pursuant to
this Agreement, or the former Agreement, has become ineffective for the
purposes of this Agreement, whereupon, if requested to do so by the
Commission, the State Contracting Government responsible for the maintenance,
operation and control of that work shall dismantle so much of that work as the
Commission may require.

PART VI-FINANCE

Apportionment of costs

48. (1) The Contracting Governments shall share equally-

(a) the cost of-

(i) carrying out, constructing or installing the works set out in
Schedule A,

(ii) the studies, programmes, surveys and investigations carried out
pursuant to clause 25,

(iii) establishing systems referred to in sub-clause 26 (1) or systems
established pursuant to a request made under paragraph 26 (3) (b),

(iv) special action taken under sub-clause 31 (5) which the
Commission has determined pursuant to sub-clause 48 (4) shall be borne by the
Contracting Governments in equal shares,

(v) constructing the works authorised under sub-clause 33 (1) unless the
Contracting Governments have entered into an agreement under sub-clause 48 (3),

(vi) complying with a direction given under sub-clause 36 (2), and

(vii) dismantling the works referred to in clause 47,

(b) the costs associated with the work of a committee which the Commission
has decided under sub-clause 21 (3) are to be borne by the Contracting
Governments,

(c) the amount of any payment made by the Commission

(i) under clause 34 but not including the amount of any payment made in

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respect of the maintenance, operation or control of the works of a Contracting
Government referred to in paragraph 34 (a), (b) or (c), and

(ii) under paragraph 114 (a), and

(d) the administrative and other expenses of the Commission which are not
included under paragraphs 48 (1) (a), (b) or (c).

(2) The State Contracting Governments shall share equally-

(a) the cost of maintaining, operating and controlling-

(i) the works set out in Schedule A,

(ii) systems referred to in sub-clause 26 (1) or systems established
pursuant to a request made under paragraph 26 (3) (b), and

(iii) the works authorised under sub-clause 33 (1) unless the Contracting
Governments have entered into an agreement under sub-clause 48 (3),

(b) the costs associated with the work of a committee which the Commission
has decided under sub-clause 21 (3) are to be borne by the State Contracting
Governments,

(c) the cost of special action taken under sub-clause 31 (5) which the
Commission has determined pursuant to sub-clause 48 (4) shall be borne by the
State Contracting Governments in equal shares,

(d) the amount of any payment made by the Commission in respect of the
maintenance, operation or control of the works of a Contracting Government
referred to in paragraph 34 (a), (b) or (c),

(e) such costs of dredging or snagging carried out under clause 44 as the
Commission has agreed to pay, and

(f) the amount of any payment made by the Commission under paragraph 114 (b).
(3) The Contracting Governments may agree that the costs of
constructing, maintaining, operating and controlling the works referred to in
sub-clause 33 (1) shall be borne by one or more of the Contracting Governments
in such shares as may be agreed.

(4) Whenever any special action is taken under sub-clause 31 (5), the
Commission shall determine whether the cost of that special action is to be
borne by the Contracting Governments in equal shares or by the State
Contracting Governments in equal shares.

Financial year

49. The financial year of the Commission shall commence on the first day
of July in one year and finish on the 30th day of June in the succeeding year.

Detailed estimates of expenditure

50. (1) In the month of March in each year the Commission shall prepare
detailed estimates (being estimates in such form as may from time to time be
agreed by the Commission and the Contracting Governments) of its known and
anticipated expenditure for the forthcoming financial year under the following
heads-

(a) the matters referred to in paragraphs 48 (1) (a), (b) and (c),

(b) the matters referred to in sub-clause 48 (2),

(c) the matters referred to in paragraph 48 (1) (d), and

(d) all other expenses of the Commission not included under
paragraphs 50 (1) (a), (b) or (c).

(2) The detailed estimates of expenditure shall show the share to be
contributed by each Contracting Government.

(3) Prior to the 31st day of March in each year, the Commission shall
forward a copy of the detailed estimates of expenditure to each of the
Contracting Governments.

Excess expenditure

51. (1) If, in the opinion of the Commission, it is necessary in any
financial year to provide for any expenditure in excess of the amount set out

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in the detailed estimates of expenditure and for which provision cannot be made
under sub-clause 64 (2), the Commission shall prepare a detailed estimate of
that excess expenditure (being an estimate in such form as may from time to
time be agreed by the Commission and the Contracting Governments) showing the share
to be contributed by each Contracting Government.

(2) A copy of the detailed estimate of excess expenditure shall be
forwarded to each Contracting Government.

Forward estimates

52. (1) Whenever the Commission prepares a detailed estimate of
expenditure under clause 50 in respect of a financial year, it shall, at the
same time, prepare forward estimates of its known and anticipated expenditure
in respect of the three year period comprising that financial year and the two
financial years next ensuing after that financial year.

(2) Each forward estimate shall be in the same form as a detailed
estimate of expenditure prepared under clause 50 and the Commission shall
forward a copy thereof to each Contracting Government prior to the 31st day of
March in each year.

Payments by Contracting Governments

53. Each Contracting Government shall provide the share to be contributed
by it under the detailed estimates of expenditure or a detailed estimate of
excess expenditure and shall pay so much of the same as is required by the
Commission before the expiration of the twelve month period to which those
estimates apply, provided that the Commission shall not require the payment of
moneys relating to the construction of the works referred to in sub-clause 33
(1) until the construction of those works has been authorised in accordance
with that sub-clause.

Payments by Commission to States

54. (1) In accordance with the detailed estimates of expenditure or a
detailed estimate of excess expenditure prepared by the Commission pursuant to
clause 50 or 51, the Commission shall in each year pay to any Constructing
Authority required by this Agreement to construct, maintain, operate or control
any works or to carry on any operation an amount sufficient to defray the cost
to be incurred by that Constructing Authority for those purposes in that year
or, in the case of the cost referred to in paragraph 114 (b), three-quarters of
that cost.

(2) The amounts to be paid to a Constructing Authority pursuant to
sub-clause 54 (1) shall be paid at such times and in such manner as may be
agreed between the Commission and that Constructing Authority provided that no
amount shall be paid to a Constructing Authority for construction of works
referred to in sub-clause 33 (1) until the construction of those works has been
authorised in accordance with that sub-clause.

Unexpended balances

55. (1) Whenever any moneys, which have been paid to the Commission by a
Contracting Government pursuant to clause 53, remain unexpended at the end of
the financial year in respect of which they were paid, those moneys shall be
retained by the Commission but shall cease to be available for expenditure by
the Commission in accordance with the estimates of expenditure for that
financial year.

(2) The Commission shall, within a reasonable time after the
commencement of the next financial year, furnish details of the unexpended
moneys to that Contracting Government and notify that Contracting Government
that it now holds the unexpended moneys as part of the share to be contributed
under clause 53 by that Contracting Government for the next financial year.

(3) On giving the notice referred to in sub-clause 55 (2), the
unexpended moneys shall become available for expenditure in accordance with the
estimates of expenditure for the next financial year.

(4) For the purposes of this clause:

''the estimates of expenditure'' means a detailed estimate of expenditure, or
a detailed estimate of excess expenditure, or both, as the case may require,

''the next financial year'' means the financial year next following the
financial year referred to in sub-clause 55 (1), and

''the unexpended moneys'' means the unexpended moneys referred to in
sub-clause 55 (1).

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Disposal of surplus assets

56. The Commission shall, whenever appropriate, determine the time and
manner of disposal of surplus assets acquired by the Commission, or by a
Constructing Authority with funds made available by the Commission, and shall
also determine the manner in which the proceeds from that disposal shall be
distributed among the Contracting Governments.

Proper accounts to be kept

57. The Commission shall cause to be kept proper accounts and records of
the transactions and affairs of the Commission and shall do all things
necessary to ensure that all payments out of its moneys are correctly made and
properly authorised and that adequate control is maintained over the assets of,
or in the custody of, the Commission and over the incurring of liabilities by the
Commission.

List of assets

58. The Commission shall cause to be kept a list of the assets acquired
by-

(a) the Commission, and

(b) a Constructing Authority with funds made available by the Commission

provided that, if the Commission is satisfied that proper records of the assets
acquired by a Constructing Authority with funds made available by the
Commission are kept by that Constructing Authority and that copies of those
records will be made available to the Commission whenever the Commission so requests, the
Commission may decide not to keep a list of those assets.

Audit

59. (1) The accounts and records of financial transactions of the
Commission and records relating to assets of, or in the custody of, the
Commission

(a) shall, at least once in each year, be inspected and audited by the
Commonwealth auditor, who shall forthwith draw the attention of each
Contracting Government to any irregularity disclosed by the inspection and
audit that is, in his opinion, of sufficient importance to justify his so
doing, and

(b) may at any reasonable time, be inspected and audited by a State auditor.

(2) The Commonwealth auditor may, at his discretion, dispense with all
or any part of the detailed inspection and audit of any accounts or records
referred to in sub-clause 59 (1).

(3) The Commission shall, at all reasonable times, allow the
Commonwealth auditor, or a State auditor, or a person authorised by either of
them, to have full and free access to all accounts and records of the
Commission relating directly or indirectly to the receipt or payment of moneys by the
Commission or to the acquisition, receipt, custody or disposal of assets by the
Commission.

(4) The Commission shall permit the Commonwealth auditor or a State
auditor, or a person authorised by either of them, to make copies of, or take
extracts from, any such accounts or records.

(5) The Commission shall, and shall ensure that its officers shall,
furnish to the Commonwealth auditor, a State auditor, or a person authorised by
either of them, such information in the possession of the Commission or any of
its officers, or to which the Commission or that officer has access, as the
Commonwealth auditor, a State auditor or authorised person considers necessary
for the purposes of the functions of the Commonwealth auditor or a State
auditor under this clause.

(6) A report of the result of any inspection and audit under this
clause shall be furnished to each Contracting Government and to the Commission
by the person making that inspection and audit.

Commission to account

60. The Commission shall account to the Contracting Governments for all
moneys received by the Commission from the Contracting Governments under or for
the purposes of this Agreement.


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Contracting Governments to account

61. Each Contracting Government shall, and shall ensure that an authority
of that Contracting Government shall, account to the Commission for all moneys
received by that Contracting Government, or that authority, from the Commission
under or for the purposes of this Agreement.

Bank accounts

62. (1) The Commission may open and maintain an account or accounts with a
bank or banks selected by the Commission and shall maintain at all times at
least one such account.

(2) The Commission shall pay all moneys received by it into an account
referred to in sub-clause 62 (1).

Investment

63. (1) Moneys of the Commission not immediately required for the purposes
of this Agreement may be invested by the Commission on fixed deposit with a
bank selected by the Commission.

(2) Any interest received by the Commission on moneys invested
pursuant to sub-clause 63 (1) shall be retained by the Commission until the end
of the financial year in which it was received and,

(a) if the moneys in respect of which that interest was received were
contributed by all the Contracting Governments, or by a State Contracting
Government pursuant to clause 65, distribute that interest to the Contracting
Governments in equal shares, and

(b) if the moneys in respect of which that interest was received were
contributed only by the State Contracting Governments, or by one of them
pursuant to clause 66, distribute that interest to the State Contracting
Governments in equal shares.

(3) The Commission may agree with a Contracting Government that,
instead of distributing to that Contracting Government the moneys it would be
entitled to receive under sub-clause 63 (2), the Commission shall retain those
moneys and set them off against the amounts to be paid under clause 53 by that
Contracting Government to the Commission during the next financial year.

Application of moneys by Commission

64. (1) Subject as hereinafter provided in this clause, the Commission
shall apply moneys received by it pursuant to clause 53 only in accordance with
the detailed estimates of expenditure or the detailed estimates of excess
expenditure, as the case may be.

(2) (a) For the purposes of this sub-clause-

''estimated amount'' in respect of the first item or the second item means
the amount set opposite to that item in a detailed estimate of expenditure as
the amount to be expended on that item in the financial year to which that
detailed estimate of expenditure relates,

''the first item'' means an item appearing under one of the heads set out
in sub-clause 50 (1) in the same detailed estimate of expenditure in which the
estimated amount appears, and

''the second item'' means an item, not being the first item, appearing in
the same detailed estimate of expenditure and under the same head as the first
item.

(b) If the Commission is satisfied that, in a financial year,

(i) the actual amount required to be expended on the first item shall be
less than the estimated amount for that item, and

(ii) the actual amount required to be expended on the second item
shall be greater than the estimated amount for that item

the Commission may, at its discretion, expend on the second item so much of
the estimated amount for the first item as is not required for expenditure on
the first item.

(3) The Commission shall, at the end of each financial year, notify to
the Contracting Government details of moneys it has expended pursuant to
sub-clause 64 (2) during that financial year.


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(4) When, in any financial year, a detailed estimate of excess
expenditure has been prepared and forwarded to each Contracting Government in
accordance with clause 51 that detailed estimate of excess expenditure shall,
for the purposes of sub-clause 64 (2), be read as being incorporated in, and
forming part of, the detailed estimate of expenditure for the same financial
year.

Revenue

65. If a Contracting Government or an authority of that Contracting
Government receives moneys (other than tolls referred to in clause 66) from any
person arising out of the use by that person of any works constructed for the
purposes of this Agreement or the former Agreement, that Contracting Government
shall, or shall ensure that that authority shall, pay those moneys to the
Commission which shall retain them until the end of the financial year in which
they were received by the Commission when the Commission shall distribute those
moneys to the Contracting Governments in equal shares.

Tolls

66. (1) A State Contracting Government shall collect all tolls which are
prescribed by the Commission for the use of weirs and locks which have been
constructed for the purposes of this Agreement or the former Agreement and
which are operated and controlled by that State Contracting Government pursuant to
clause 45 and shall not otherwise collect tolls in respect of navigation on the
River Murray.

(2) Whenever a State Contracting Government collects a toll prescribed
by the Commission, it shall pay the amount collected without deduction to the
Commission which shall retain that amount until the end of the financial year
in which it was received by the Commission when the Commission shall distribute
that amount to the State Contracting Governments in equal shares.

Compensation for damage by works

67. Where, pursuant to any Act approving this Agreement, a Constructing
Authority has made compensation for any damage occasioned by, or arising out
of, anything done by it in constructing, maintaining, operating or controlling any
works provided for in this Agreement, the amount of that compensation, to the
extent that it has not been met, or contributed to, by the Commission under
paragraph 34 (c), shall be contributed by the Contracting Governments in equal
shares.

PART VII-REPORTS

Preparation of reports

68. (1) The Commission shall, as soon as practicable after the 30th day of
June in each year, prepare and submit to each of the Contracting Governments in
respect of the financial year ending on that date its financial statements
together with a report as to-

(a) its proceedings;

(b) the operations carried on by it or under its orders, with particular
reference to-

(i) the measurement of the flow of the River Murray and its tributaries,

(ii) the measurement and monitoring of the quality of water, and

(iii) deliveries of water;

(c) the effect of the diversions to the said 30th day of June on the flow of
the River Murray and its tributaries;

(d) the construction, operation and maintenance of all works constructed
pursuant to this Agreement or the former Agreement;

(e) its administration generally; and

(f) the condition of the catchment of the Hume Reservoir and any
action taken by the Commission to protect from erosion the catchment thereof
pursuant to clause 31.

(2) Before submitting financial statements to the Contracting
Governments, the Commission shall submit them to the Commonwealth auditor who
shall report to each of the Contracting Governments-

(a) whether, in his opinion, the statements are based on proper accounts and

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records,

(b) whether the statements are in agreement with the accounts and records,

(c) whether, in his opinion, the receipt, expenditure and investment of
moneys, and the acquisition and disposal of assets, by the Commission
during the year have been in accordance with this Agreement, and

(d) as to such other matters arising out of the statements as the
Commonwealth auditor considers should be reported to the Contracting
Governments.

(3) Reports and statements to be submitted pursuant to sub-clause 68
(1) shall be addressed to the Governor-General or the Governor (as the case may
require).

PART VIII-PROCEEDINGS IN DEFAULT

Failure to perform works or contribute cost

69. (1) If any Contracting Government (in this clause called ''the
defaulting Government'') whose duty it is under this Agreement, or under any
direction issued in accordance with this Agreement, to construct, or to continue the construction of, or to maintain, operate or control, any works, or to carry on any operation, or to make a payment to the Commission which it
is required to make under clause 53, refuses or neglects to do so after being thereunto
required by the Commission, the Commission shall immediately notify to each of
the other Contracting Governments particulars of the default.

(2) If the default relates to the construction of, or to the
continuation of the construction of, or to the maintenance, operation or
control of, any works, or to the carrying on of any operation, the Contracting
Governments that are not in default and each of them, with the approval of the
Commission,

(a) may, without prejudice to their or its other rights under this
Agreement, enter upon the territory of the defaulting Government and
construct, or continue and complete the construction of, or maintain, operate
or control, the whole of those works (or any part thereof specified by the
Commission), or carry on that operation (or any part thereof specified by the
Commission) and shall be deemed to have all such powers, licences and permissions
as are required from the defaulting Government to construct, maintain, operate or
control those works or to carry on that operation and shall be entitled, in place
of the Constructing Authority required by this Agreement to construct, maintain,
operate or control those works, or to carry on that operation, to receive the moneys
payable to that Constructing Authority under clause 54 in respect of that construction,
maintenance, operation, control or carrying on, and

(b) may, in any court of competent jurisdiction, recover as a debt from the
defaulting Government all moneys reasonably expended by them or it in doing any
of the things referred to in paragraph 69 (2) (a) in excess of the moneys paid
to them or it by the Commission under that paragraph, together with interest
thereon at the prescribed rate.

(3) For the purpose of any act or thing to be done under sub-clause 69
(2), the Contracting Governments that are not in default and each of them shall
have the rights and powers of a Constructing Authority, but the defaulting
Government shall, on the completion of such act or thing and the payment of all
moneys payable by it under sub-clause 69 (2), be deemed to be the Constructing
Authority.

(4) If the defaulting Government defaults in the payment by the due
date for payment of a sum of money which it is required under clause 53 to pay
to the Commission, the defaulting Government shall be liable to pay interest to
the Commission on the amount of the overdue payment at the prescribed rate, and
the Contracting Governments that are not in default and each of them shall have
the right (but not the obligation) at any time to pay to the Commission any
unpaid sum with accrued interest thereon on behalf of the defaulting
Government. Any amount paid by a Contracting Government not in default on behalf of the
defaulting Government (together with interest thereon at the prescribed rate
calculated from the date of such payment to the Commission by the Contracting
Government that is not in default) shall constitute a debt due and payable by
the defaulting Government to the Contracting Government that made the payment
and shall be recoverable accordingly in any court of competent jurisdiction.

(5) Any interest received by the Commission under this clause shall be
paid-

(i) to the Contracting Governments not in default in equal shares, if the
moneys in respect of which the interest was received were moneys which the

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defaulting Government was required to pay in respect of any of the matters
referred to in sub-clause 48 (1), or

(ii) to the State Contracting Governments not in default in equal shares, if
the moneys in respect of which the interest was received were moneys which the
defaulting Government was required to pay in respect of any of the matters
referred to in sub-clause 48 (2).

(6) For the purposes of this clause, ''the prescribed rate'' shall be
a rate of 2% per annum above the maximum overdraft rate fixed by the Reserve
Bank of Australia for amounts of $100,000 or less and applicable at the time
payment became due or, if no rate is so fixed, a rate of 4% per annum above the
rate payable on Commonwealth securities of the longest term offered for public
subscription in Australia for the Commonwealth cash loan opened next before the
time the payment became due.

(7) Any interest payable under this clause shall be calculated from
the due date for payment of the said sum to the date of actual payment, whether
payment is made by the defaulting Government or on its behalf.

PART IX-DISTRIBUTION OF WATERS

Division 1-Interpretation

Definitions

70. For the purposes of this Part only-

''period of restriction'' means a period of restriction declared under clause
104;

''upper river'' means the aggregate of:-

(a) the main course of the River Murray upstream of the eastern boundary
of the State of South Australia;

(b) all tributaries entering the said main course upstream of Doctors
Point;

(c) all effluents and anabranches of the said main course, excepting such
as may be excepted by the Commission;

(d) the water courses connecting Lake Victoria to the said main course;

(e) the Darling River downstream of Menindee;

(f) the Great Darling Anabranch; and

(g) the upper river storages;

''upper river storages'' means Lake Victoria, the Menindee Lakes Storage, and
the storages formed by Dartmouth Dam, Hume Dam and by those weirs, and
weirs and locks, described in Schedule A which are situated upstream of the
eastern boundary of the State of South Australia;

''upper States'' means the States of New South Wales and Victoria;

''water available for release at the direction of the Commission''
means water physically capable of being released from a storage other than
water the release of which cannot be required by virtue of sub-clause 82 (1).

Post Chowilla

71. Upon the Chowilla Reservoir being declared to have become effective
for the purposes of this Agreement-

(a) the provisions of this Part shall be construed as if-

(i) in the definition of ''upper river'', the words ''Chowilla Reservoir
outlet'' were substituted for the words ''eastern boundary of the State of South Australia'';

(ii) in sub-clause 72 (1), the words ''Water released from and water
diverted by the State of South Australia from the Chowilla Reservoir'' were
substituted for the words ''Water flowing in the River Murray past the eastern
boundary of the State of South Australia'';

(iii) sub-clause 72 (2) and clause 75 were deleted;

(iv) in sub-clause 78 (3) and clauses 85 and 104, the words ''Chowilla
Reservoir'' were substituted for the words ''Lake Victoria''.

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(b) until the Lake Victoria works are declared to have become
ineffective for the purposes of this Agreement, the provisions of this Part
shall be construed as if-

(i) in the definition of ''upper river storages'', the words ''Chowilla
Reservoir,'' were inserted before the words ''Lake Victoria'';

(ii) in paragraph 106 (b), the words ''the Chowilla Reservoir and'' were
inserted before the words ''Lake Victoria''; and

(c) upon the Lake Victoria works being declared to have become ineffective
for the purposes of this Agreement, the provisions of this Part shall be
construed as if-

(i) in the definition of ''upper river'', paragraph (d) were deleted;

(ii) in the definition of ''upper river storages'', the words ''Chowilla
Reservoir'' were substituted for the words ''Lake Victoria'';

(iii) in paragraph 106 (b), the words ''Chowilla Reservoir'' were
substituted for the words ''Lake Victoria''.

Division 2-State Entitlements to Water

Measurement of South Australia's entitlement

72. (1) Water flowing in the River Murray past the eastern boundary of the
State of South Australia shall be deemed to be supplied to and received by that
State.

(2) The quantity of water so flowing in any month shall be deemed to
be the sum of the quantities, as determined by the Commission by appropriate
measurements, flowing in the same month in-

(i) the River Murray between the confluences of the Rufus and Lindsay
Rivers with the River Murray, and

(ii) the Lindsay River near its confluence with the River Murray

or shall be determined in such other manner as the Commission may from time to
time decide.

South Australia's monthly entitlement

73. The State of South Australia shall be entitled to receive-

(a) at times other than a period of restriction, the following monthly
quantities:

July. . . . . . . . . . . . . 108,500 megalitres
August. . . . . . . . . . . . 124,000 megalitres
September . . . . . . . . . . 135,000 megalitres
October . . . . . . . . . . . 170,500 megalitres
November. . . . . . . . . . . 180,000 megalitres
December. . . . . . . . . . . 217,000 megalitres
January . . . . . . . . . . . 217,000 megalitres
February. . . . . . . . . . . 194,000 megalitres
March . . . . . . . . . . . . 186,000 megalitres
April . . . . . . . . . . . . 135,000 megalitres
May . . . . . . . . . . . . . 93,000 megalitres
June. . . . . . . . . . . . . 90,000 megalitres

(b) during a period of restriction, monthly quantities equal to the lesser
of:-

(i) the monthly quantities to which the State of South Australia is
entitled under clause 108, and

(ii) the monthly quantities set out in paragraph 73 (a) for the months
occurring in that period.

Variation of South Australia's entitlements

74. The Commission may from time to time, at the request of the
Commissioner for South Australia, vary for a specified sequence of months any
of the monthly quantities which that State is entitled to receive under clause 73
without increasing the total of those quantities for that sequence.

Use of Lake Victoria

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75. If the Commission decides that the flow or prospective flow of the
River Murray downstream of its junction with the Great Darling Anabranch is, or
will be for any month in excess of the sum of-

(a) the quantities which the State of South Australia is entitled to receive
in that month under clause 73 or 74;

(b) any quantities which, in the opinion of the Commission, ought to be and
can be impounded in Lake Victoria during that month with the object of filling
that storage at some time before the end of the next ensuing month of May; and

(c) any quantities required for use by the upper States, downstream of the
junction of the River Murray and the Great Darling Anabranch,

the State of South Australia may receive that excess in addition to the
quantity of water which it is entitled to receive under clause 73 or 74.

Surplus flow to South Australia

76. The quantity of water that the State of South Australia is entitled to
receive in any month shall not be diminished by reason of it having received in
any previous month a greater quantity than it was entitled to receive under
clause 73 or 74.

Entitlements of New South Wales and Victoria

77. (1) Subject to the supply to the State of South Australia of the
quantities of water that that State is entitled to receive under clause 73 or
74, each of the upper States shall, except as otherwise expressly provided in
Division 4 of this Part, be entitled to:

(a) the full use of all tributaries in its territory flowing to but not
forming part of the upper river and shall have the right to divert, store and
use the flows thereof, before their entry to the upper river;

(b) half the waters of the upper river upstream of Doctors Point, including
any waters diverted thereto by works of the Authority.

(c) half the waters entering the Menindee Lakes from the Darling River,
subject to the prior entitlement of the State of New South Wales to use water
from the Menindee Lakes Storage as provided in clause 78; and

(d) subject to paragraph 77 (1) (c), the full use from the upper river of
water arriving at the point of use and contributed by any tributary, or any
outfall approved by the Commission, entering the upper river from its territory
downstream of Doctors Point;

(2) Entitlements under sub-clause 77 (1) shall not be affected by the
declaration of a period of restriction except as specifically provided in
clause 95 and Division 5 of this Part.

New South Wales' entitlement to water from Menindee Lakes

78. (1) At any time after the quantity of water stored in the Menindee
Lakes Storage is reduced to less than 480,000 megalitres and until the quantity
of water so stored next exceeds 640,000 megalitres, the State of New South
Wales may use the water so stored as it requires.

(2) At any time when sub-clause 78 (1) does not apply, the State of
New South Wales may as it requires divert from or release from the water stored
in the Menindee Lakes Storage 125,000 megalitres in any period of 12 months
commencing on the first day of July.

(3) During any period for which the Commission determines that the
spills from the Menindee Lakes Storage exceed the amount required by the
Commission for storage in Lake Victoria and to supply the State of South
Australia's entitlement, including any period when water is being released from
the Menindee Lakes Storage solely to provide space for the retention of
floodwaters, any water diverted by the State of New South Wales from the
Menindee Lakes Storage or from water spilling therefrom or released therefrom
to provide space for the retention of floodwaters shall not be considered as
diverted from that State's entitlement under sub-clause 78 (2).

New South Wales' and Victoria's supply to South Australia

79. From the waters available to them under clauses 77 and 78, the upper
States shall contribute, in equal proportions, the quantities of water which
the State of South Australia is entitled to receive under clause 73 or 74.


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Limitations on use by New South Wales and Victoria

80. Unless the Commission otherwise agrees, neither of the upper States
shall use water from the upper river to the extent that, at the 31st day of May
next ensuing, the volume of water in the upper river storages and allocated to
that State will be less than half the volume of the reserve determined under
clause 85.

Division 3-Control by Commission

Commission's role in operation of storages

81. (1) Release of water from the upper river storages shall be in
accordance with such directions as the Commission may issue from time to time.
Without limiting the generality of clauses 43 and 45, the Commission may issue
such directions in the form of standing procedures and, subject to clause 84,
may at any time amend or suspend the whole or any part of such procedures.

(2) In determining any direction to be issued under this clause-

(a) the Commission shall have regard to-

(i) maintaining the supply to the State of South Australia of the
quantities of water that that State is entitled to receive,

(ii) maintaining a reserve of water as provided for in clause 85, and

(iii) facilitating the exercise by the upper States, as they require, of
their respective rights to use water from the upper river, and

(b) subject to clause 83, the Commission may have regard to-

(i) the improvement or maintenance of the quality of the waters in the
upper river or in the River Murray downstream of the eastern boundary of the
State of South Australia, and

(ii) the pursuit of any other water management objectives consistent with
this Agreement.

Limitations on Menindee Lakes operation

82. (1) No direction under clause 81 shall require the release of water
from the Menindee Lakes Storage at any time after the volume of water stored
therein is reduced to less than 480,000 megalitres until that volume next
exceeds 640,000 megalitres.

(2) Any direction of the Commission requiring the release of water
from the Menindee Lakes Storage when sub-clause 82 (1) does not apply, shall be
determined by a majority vote of the four Commissioners or, if the four
Commissioners are equally divided, by the casting vote of the Commissioner for
the Commonwealth.

Accounting for releases for dilution

83. (1) No direction under clause 81 issued solely for the purposes
referred to in paragraph 81 (2) (b) shall require the release of water from any
upper river storage, unless-

(a) the release of water is in accordance with sub-clause 83 (2) or 83 (3),
or

(b) the Commission has determined how much of the volume to be
released under its direction is to be contributed from water allocated
respectively to the
States of New South Wales and Victoria. In such a determination the Commission
shall have consideration to the quality of the water entering the upper river
below Doctors Point.

(2) The flow passing Torrumbarry Weir shall, as far as possible, be
regulated so as to prevent the electro-conductivity of the river water at Swan
Hill exceeding 500 microsiemens per centimetre at twenty-five degrees Celsius,
but, unless the Commission directs otherwise, such flow shall not be required
to exceed 3,900 megalitres per day except when needed to meet downstream water
requirements.

(3) The flow passing Euston Weir shall, as far as possible, be
regulated so as to prevent the electro-conductivity of the river water at
Merbein exceeding 500 microsiemens per centimetre at twenty-five degrees
Celsius, but, unless the Commission directs otherwise, such flow shall not be
required to exceed 2,450 megalitres per day plus the combined diversion

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requirements of the pumping districts of Red Cliffs, First Mildura Irrigation
Trust, Merbein, Coomealla and Curlwaa, except when needed to meet downstream
water requirements.

Procedures for Dartmouth Dam operation

84. Insofar as procedures for the operation and control of Dartmouth
Reservoir affect the release of water through the power station of that
Reservoir, the Commission may not amend such procedures or, except in an
emergency, suspend any part of such procedures, without prior consultation with
the State Electricity Commission of Victoria and the Constructing Authority for
Victoria.

Reserve storage

85. The Commission may from time to time determine the volume of a reserve
of water to be held in the upper river storages at the 31st day of May next
ensuing; provided that, unless the Commission otherwise determines, the volume
of such reserve shall be 2,500,000 megalitres of which not less than 250,000
megalitres shall be in Lake Victoria.

Use of State Works to convey Murray water

86. Subject to such terms and conditions as may be agreed between the
Commission and an upper State, the Commission may arrange for the conveyance of
water from one part to another of the upper river via works under the control
of that State.

Division 4-Water Accounting

General

87. For the purpose of giving effect to the principles set out in the
preceding Divisions of this Part, the following provisions shall apply.

Allocation of water to New South Wales and Victoria

88. (1) In respect of any period, a quantity of water estimated by the
Commission as-

(a) the quantity of water which would have flowed in the River Murray past
Doctors Point in that period but for the effect during that period of
diversions to or from, and impoundments on, the upper river upstream of
Doctors Point, plus
(b) the quantity of water diverted by works of the Authority to the upper
river upstream of Doctors Point from beyond the natural boundaries of the
catchment thereof

shall be allocated between the upper States as provided in sub-clause 88 (2).

(2) The quantity of water estimated for any month in accordance with
sub-clause 88 (1) shall be allocated as follows-

(a) for any of the months from May through to August inclusive, the whole
quantity shall be allocated half each to the States of New South Wales and
Victoria;

(b) for any of the months from September through to April inclusive;

(i) during any period of restriction, the first 12,900 megalitres per
month (being equivalent to the ceding by the State of Victoria to the State of
New South Wales of a volume of 6,450 megalitres per month), and

(ii) at any other time, the first 16,700 megalitres per month (being
equivalent to the ceding by the State of Victoria to the State of New South
Wales of a volume of 8,350 megalitres per month)

shall be allocated to the State of New South Wales, and the remainder shall
be allocated half each to the States of New South Wales and Victoria.

Allocation of water in Menindee Lakes Storage

89. Of the quantity of water which in any period enters the Menindee Lakes
Storage from the Darling River, an amount shall be allocated to the State of
New South Wales equal to the amount to which that State is entitled during that
period under sub-clause 78 (1) or 78 (2) and the remainder shall be allocated
half each to the States of New South Wales and Victoria.

Tributary inflows


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90. The quantity of water which in any period enters the upper river
downstream of Doctors Point from a tributary, or from any artificial outfall
approved by the Commission for the purposes of this clause, other than
quantities referred to in clause 89, shall be allocated to the upper State from
which the water enters the upper river.

Use by New South Wales and Victoria of allocated water

91. Any quantity of water diverted from the upper river by offtakes under
the jurisdiction of an upper State shall be deemed to be used by that State,
unless otherwise determined by the Commission.

Snowy diversions out of Murray catchment

92. Any quantity of water diverted by works of the Authority from the
Tooma River to the Eucumbene Storage and the Tumut River or from the Geehi
River to the Snowy River shall be deemed to be used half each by the upper
States.

Losses

93. Any quantity of water which is lost by evaporation or percolation or
other means from the upper river shall be deemed to be used by the upper States
and, unless otherwise determined by the Commission, shall be deemed to be used
half each by those States or in such proportions as the Commission may from
time to time determine.

New South Wales' and Victoria's supply to South Australia

94. For the purposes of this Division any quantity of water supplied to
the State of South Australia in any month and which that State is entitled to
receive under clause 73 or 74 shall be deemed to be supplied half each by the
upper States and the Commission shall make appropriate adjustments to
allocations between the upper States of water in the upper River so as to give
effect to those States' obligations under clause 79.

Deferment of continuous accounting of carryover of stored water

95. Unless the Commission otherwise determines, the quantity of water in
the upper river storages, being water available for release at the direction of
the Commission-

(a) at the commencement of any period of restriction, and

(b) at the 1st day of July in every year in which a period of restriction
does not exist on the 1st day of July

shall be deemed to be water allocated half each to the upper States.

Reallocation of water between upper States

96. (1) By agreement between the Commissioners for New South Wales and
Victoria, any quantity of water allocated to one upper State and in store in
any of the upper river storages or in transit in a specified part of the upper
river, may be exchanged for a quantity of water allocated to the other upper
State and in store in another of the upper river storages or in transit in
another specified part of the upper river, if such an exchange of water does
not prejudice the entitlement of the State of South Australia.

(2) The Commission may at any time, with the consent of an upper
State, determine that certain quantities of water in transit in the upper river
are surplus to the requirements of that State and reallocate the whole or part
of such quantities from that State to the other upper State.

Accounting for quality of inputs from State tributaries and for Snowy Scheme

97. (1) The quantities of water allocated to the upper States may be
adjusted by the Commission having regard to the quality of each State's
tributary inputs to the upper river. To this end, the Commission shall as soon
as practicable bring into effect, and may from time to time amend, rules for
the adjustment of the quantities of water allocated to the States of New South
Wales and Victoria having regard to the quality of water entering the upper river
downstream of Doctors Point from tributaries and from any artificial outfalls.

(2) The Commission may adjust the quantities of water allocated to the
States of New South Wales and Victoria under paragraph 88 (1) (b) having regard
to any extraordinary aspects of operation of the Snowy Scheme.

To provide efficient regulation of the Murray River


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98. Any water used by an upper State or supplied to the State of South
Australia by an upper State, shall be deemed to be provided from water
allocated to that upper State and the Commission may as necessary to ensure the
availability of appropriately allocated water at the place of such use or
supply, reallocate quantities of water in the upper river but shall not thereby
alter the total quantities of water allocated to the respective upper States in
the upper river.

Accounting procedures

99. Subject to clauses 95, 96, 97 and 98, the quantity of water in any
part of the upper river and which is allocated to an upper State shall be
deemed-

(a) to increase in any period by the quantity of water allocated to that
State flowing into that part in that period, and

(b) to decrease in any period by any quantities of water-

(i) used by that State by way of diversion or loss from that
part in that period, or

(ii) passed from that part in that period for

- downstream use by that State,

- supply by that State to the State of South Australia,

- conveyance to another part of the upper river as water allocated to
that State, or

(iii) released from that part in that period and determined or deemed
under paragraph 83 (1) (b) or clause 103 to be a release of water allocated to
that State, or

(iv) spilled from that part in that period and deemed under clause 100 to
be a spill of water allocated to that State.

Accounting for spill from storages

100. Any quantity of water which is spilled from any of the upper river
storages, including water released solely to provide space for the retention of
floodwaters, shall be deemed to be water spilled out of the waters allocated to
the respective upper States, in such proportions as equalizes or tends most to
equalize the remaining quantities of water allocated to the respective upper
States in that storage.

Accounting for releases through Dartmouth Dam Power Station

101. Any quantity of water which is released from Dartmouth Reservoir
through the hydro-electric power station shall be deemed to be released from
waters allocated to the respective upper States-

(a) in such proportions as equalizes, or tends most to equalize, the
remaining quantities of water allocated to the respective upper States in that
reservoir, if the water is released when the storage level in Dartmouth
Reservoir is above such level as the Commission may from time to time determine
for the purposes of this paragraph, or

(b) in equal proportions, if the water is released otherwise than in the
circumstances referred to in paragraph 101 (a).

Reallocation of water in Menindee Lakes Storage

102. At the conclusion of any period during which sub-clause 78 (1)
applies, the quantities of water stored in the Menindee Lakes Storage and
allocated respectively to the States of New South Wales and Victoria shall be
adjusted so that the difference between those quantities becomes the same as
the difference in the allocated quantities as at the beginning of that period.

Dilution at Swan Hill and Merbein

103. Until rules have been brought into effect under sub-clause 97 (1),
any quantity of water released from an upper river storage in accordance with
sub-clause 83 (2) or 83 (3) and in excess of requirements for use by the upper
States and for supply to the State of South Australia shall be deemed to be
released in equal proportions from water allocated to the upper States, unless
otherwise determined by the Commission.

Division 5-Periods of Restriction

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Declaration of restrictions

104. The Commission may at any time declare a period of restriction for a
specified period of whole months ending not before the 31st day of May next
ensuing and may subsequently amend any such declaration, but the Commission
shall declare a period of restriction unless it is satisfied that the
quantities of water available for release at the direction of the Commission
from the upper river storages will not be, at the 31st day of May then next
ensuing, below 2,500,000 megalitres of which not less than 250,000 megalitres
will be in Lake Victoria or unless it resolves that it is not necessary to do so.

Variation of navigation depths during restrictions

105. When a period of restriction has been declared by the Commission
pursuant to clause 104, the Commission may vary the provisions of clause 45
respecting the depth of water to be maintained at the locks constructed
pursuant to this Agreement or the former Agreement.

Water under the control of the Commission

106. For the purposes of this Division, ''water under the control of the
Commission'' means the aggregate of-

(a) the water stored in the Hume and Dartmouth Reservoirs at the
commencement of the period of restriction;

(b) the water stored in Lake Victoria at the commencement of the period of
restriction;

(c) the water available for release from the Menindee Lakes Storage at the
direction of the Commission in accordance with clause 82 during the period of
restriction, after allowing for New South Wales' prior entitlements
under clause 78;

(d) during the period of restriction the runoff from the catchment of the
upper river above Doctors Point, excluding water diverted from the Tooma River
to the Eucumbene Storage and the Tumut River and from the Geehi River to the
Snowy River;

(e) water diverted to the upper river above Doctors Point by works of the
Authority during the period of restriction;

(f) the difference between the amount of water in transit in the upper river
at the beginning and end of the period of restriction.

Sharing of water during restrictions

107. As soon as practicable after a period of restriction has been
declared, and from time to time during that period, the Commission shall-

(a) determine the expected quantity of water under the control of the
Commission;

(b) determine the quantity of water which is to be allowed during the period
of restriction for-

(i) losses by evaporation, percolation, and other means in the upper
river;

(ii) losses by evaporation, percolation, and other means in the River
Murray between the eastern boundary of the State of South Australia and the
town of Wellington and for dilution in the State of South Australia, but the total
quantity of water allowed for under this sub-paragraph shall be 58,000
megalitres per month, unless otherwise determined by the Commission;

(c) determine the quantity to be held in the upper river storages at the end
of the period of restriction and available for release at the direction of the
Commission;

(d) having regard to its determinations under paragraphs 107 (a),
107 (b) and 107 (c), determine the quantity of water (hereinafter called ''the available
water'') available for use by the upper States and for supply to the State of
South Australia during the period of restriction.

South Australian share during restrictions

108. (1) Subject to paragraph 73 (b), the restricted entitlement of the
State of South Australia during a period of restriction shall be one third of
the available water, which shall be distributed between the months of the

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period of restriction as the Commission determines, plus the monthly quantities
described in sub-paragraph 107 (b) (ii).

(2) The Commission may vary for a period not exceeding six months at
any one time, the proportion of one third prescribed in sub-clause 108 (1).

PART X-LAKE VICTORIA WORKS

Power to store water in Lake Victoria

109. Subject to clause 75, the State of South Australia may at all times
divert into Lake Victoria for impounding or storing therein, the waters of the
River Murray flowing at the site or sites of the offtake or offtakes for
diversion into Lake Victoria.

Water stored in Lake Victoria

110. Subject to this Agreement the State of South Australia will, at the
request of the State of New South Wales, permit the reasonable use of the water
of the said lake by occupiers of land on the banks of Lake Victoria and by
occupiers on the settlement of lands of a total area not exceeding 81,000
hectares in the vicinity of Lake Victoria for domestic purposes, for watering
their cattle and other stock and for watering gardens not exceeding 2 hectares
in connection with a dwelling house.

PART XI-MENINDEE LAKES STORAGE

Cessation of Menindee Lakes Storage Agreement

111. Upon the coming into effect of this Agreement, the agreement made
between the parties hereto on the 8th day of October 1963 and set out in the
Schedule to the Menindee Lakes Storage Agreement Act 1963 of the Commonwealth
of Australia shall cease to have effect.

Maintenance of Menindee Lakes Storage

112. The State of New South Wales shall carry out the maintenance
necessary to keep the Menindee Lakes Storage and the works associated with it
in good order and condition, having regard to the full supply levels and storage
capacities referred to in clause 113.

Full supply levels

113. For the purposes of this Agreement, and unless otherwise agreed
between the Water Resources Commission of New South Wales and the Commission by
the exchange of letters between them, the full supply levels of the Menindee
Lakes Storage will be-

Lake Wetherell-Elevation 61.7 Australian Height Datum,

Lake Pamamaroo-Elevation 60.4 Australian Height Datum,

Lake Menindee-Elevation 59.8 Australian Height Datum,

Lake Cawndilla-Elevation 59.8 Australian Height Datum,

corresponding to a total storage capacity of approximately 1,794,000 megalitres.
Financial contributions of Commission

114. The Commission shall pay to the State of New South Wales in respect
of each year commencing on the first day of January-

(a) an amount at the rate of $320,000 per annum to be paid by equal
quarterly instalments at the end of each quarter, but no payment shall be made
in respect of any day or days on which the effective capacity of the Menindee Lakes
Storage is less than 740,000 megalitres and an appropriate proportionate
deduction shall be made from the quarterly instalment for the quarter in which
any such day or days occur; and

(b) three-quarters of the cost during that year of operating the Menindee
Lakes Storage and of carrying out the maintenance necessary to keep the said
Storage and the works associated with it in good order and condition.

PART XII-EFFECT OF SNOWY MOUNTAINS AGREEMENT

Reconciliation with Snowy Mountains Agreement

115. (1) This Agreement shall operate according to its tenor to define the
rights to water in the River Murray and its tributaries of the States of New
South Wales, Victoria and South Australia.

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(2) The provisions as to sharing of waters contained in this Agreement
shall apply to the exclusion of the provisions contained in sub-clause 12 (2)
of the Snowy Mountains Agreement.

(3) To the extent to which any provision of this Agreement conferring
rights on the State of South Australia to the use of water is inconsistent with
the provisions of the Snowy Mountains Agreement, the first mentioned provision
shall prevail, and the provisions of the Snowy Mountains Agreement shall be
modified accordingly.

(4) Upon the coming into effect of this Agreement-

(a) the reference in clause 11 of the Snowy Mountains Agreement to ''the
River Murray Commission'' shall be deemed to refer to the Commission; and

(b) the references in that clause to ''a declared period of restriction
within the meaning of clause 51 of the River Murray Agreement'' and ''the
declared period of restriction'' shall be deemed to refer to a period of
restriction declared pursuant to clause 104 of this Agreement.

(5) Except to the extent provided in this clause, the Snowy Mountains
Agreement shall continue in full force and effect.

PART XIII-MISCELLANEOUS

Arbitration

116. (1) Subject to sub-clause 116 (6), if a difference of opinion arises
among the Commissioners on any question, not being a question of law, that
question, unless the Commissioners concur within the prescribed period after
submission by a Commissioner of a resolution thereon, shall, as provided in
this clause, be referred for decision to an arbitrator, who shall be appointed
by the Contracting Governments.

(2) At the end of the prescribed period, a Contracting Government may
give to the other Contracting Governments written notice to concur in the
appointment of an arbitrator and to refer that question to that arbitrator for
decision.

(3) If the appointment be not made within two months after the giving
of that notice, the Chief Justice of the Supreme Court of Tasmania or the
person for the time being discharging the duties of that office may, at the
request of that Contracting Government, appoint an arbitrator, who shall have the like
powers to act in the reference to decide the question as if he had been
appointed by the Contracting Governments.

(4) The decision of an arbitrator appointed to decide the question
shall be binding on the Commission and the Contracting Governments and shall be
deemed to be the decision of the Commission.

(5) For the purposes of this clause, ''the prescribed period'' shall
be a period of two months or such other period, not being more than six months,
as is determined by a majority vote of the four Commissioners or, if the four
Commissioners are equally divided, by the casting vote of the Commissioner for
the Commonwealth.

(6) This clause shall not apply to a question-

(a) before the Commission pursuant to clause 117; or

(b) which has been decided by a majority vote of the four Commissioners, or
by the casting vote of the Commissioner for the Commonwealth, pursuant to a
provision of this Agreement.

Proposals to amend Agreement

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

Furnishing information and particulars

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

Authorities to observe agreement

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119. Whenever an authority of a Contracting Government is constituted or
appointed for the purpose of constructing, maintaining, operating or
controlling any works under this Agreement, that Contracting Government shall ensure that
that authority shall observe the provisions of this Agreement.

Transitional provisions

120. (1) In this clause:

''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;

''estimates'' means detailed estimates of expenditure under clause 50 and
includes, where the context admits, a detailed estimate of excess expenditure
under clause 51; and

''next financial year'' means the financial year next following the day on
which this Agreement comes into effect.

(2) Acts or things consistent with the provisions of this Agreement
that have been done by or on behalf of a Contracting Government or the
Commission in anticipation of this Agreement coming into effect shall be
regarded as having been done under and in accordance with its provisions.

(3) Without limiting the generality of sub-clause 120 (2)-

(a) any documents forwarded prior to the commencing day by the Commission to
the Contracting Governments, being documents in the form of estimates for the
current financial year, shall be deemed to be estimates forwarded in respect of
that year;

(b) any moneys provided prior to the commencing day by a Contracting
Government to the Commission in accordance with a document referred to in
paragraph 120 (3) (a) shall be deemed to have been provided pursuant to clause
53 in respect of the current financial year;

(c) any moneys expended by the Commission prior to the commencing day in
accordance with a document referred to in paragraph 120 (3) (a) shall be deemed
to have been expended pursuant to this Agreement in respect of the current
financial year; and

(d) if this Agreement comes into effect on a day between the 31st day of
March and the next ensuing 30th day of June, both dates inclusive, any
documents forwarded prior to the commencing day by the Commission to the
Contracting Governments, being documents in the form of estimates for the next
financial year, shall be deemed to be estimates forwarded in respect of that
year.

(4) If, during the current financial year and prior to the commencing
day, any moneys of the Commission were invested on fixed deposit with a bank,
any interest received by the Commission during the current financial year on
those moneys shall be dealt with as if it was interest referred to in clause 63
and, for that purpose, moneys of a kind referred to in clause 65 or 66 and
contributed by a State Contracting Government shall be deemed to have been
contributed by that State Contracting Government pursuant to clause 65 or 66,
as the case may be.

(5) Any other matters of a transitional nature concerning this
Agreement shall be settled by agreement between the Contracting Governments.

----------------

SCHEDULE A

--------------------------------------------------------------------------------
Description of works Location Nominated government
--------------------------------------------------------------------------------
DARTMOUTH DAM with a
capacity of
approximately 4,000,000
megalitres. Mitta Mitta River
upstream of the town of
Dartmouth, north-
eastern Victoria. Government of
Victoria.

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HUME DAM with a
capacity of
approximately 3,038,000
megalitres. River Murray upstream
of the city of Albury,
New South Wales. The Governments of
New South Wales and
Victoria, jointly.

LAKE VICTORIA WORKS-
regulation reservoir
with a storage capacity
of approximately 700,000
megalitres. Lake Victoria, New
South Wales connected
with main stream of
River Murrayby Rufus
River and Frenchman's
Creek. Government of South
Australia.

YARRAWONGA WEIR-
storage of about 120,000
megalitres. River Murray near the
town of Yarrawonga,
Victoria. Government of
Victoria.

CHOWILLA DAM-with a
capacity of
approximately 5,900,000
megalitres. River Murray between
the towns of Renmark
and Wentworth. Government of South
Australia.

Weirs and locks:

Construction of
thirteen weirs and
locks in the course of
the River Murray from
its mouth to Echuca,
namely: River distance from
Murray mouth in
kilometres.

No. 1 Blanchetown 274 Government of South
Australia
No. 2 Waikerie 362 Government of South
Australia
No. 3 Overland Corner 431 Government of South
Australia
No. 4 Bookpurnong 516 Government of South
Australia
No. 5 Renmark 562 Government of South
Australia
No. 6 Murtho 620 Government of South
Australia
No. 7 Rufus River 697 Government of South
Australia
No. 8 Wangumma 726 Government of South
Australia
No. 9 Kulnine 765 Government of South
Australia
No. 10 Wentworth 825 Government of New
South Wales
No. 11 Mildura 878 Government of Victoria
No. 15 Euston 1,110 Government of New
South Wales
No. 26 Torrumbarry 1,638 Government of Victoria

Weirs

Construction of two
weirs in the course of
the Murrumbidgee River
from its junction with
the River Murray to
Hay, namely: River distance upstream
from the junction with
the River Murray in
kilometres.

No. 5 Redbank 193 Government of New
South Wales
No. 7 Maude 290 Government of New
South Wales

Murray Mouth Barrages:

Goolwa Goolwa Channel Government of South
Australia
Mundoo Mundoo Channel Government of South
Australia
Boundary Boundary Creek Channel Government of South
Australia
Ewe Island Ewe Island Channel Government of South
Australia
Tauwitchere Tauwitchere Island
Channel Government of South
Australia
--------------------------------------------------------------------------------
IN WITNESS WHEREOF this Agreement has been executed by the parties hereto as
at the day and year first above-written.


SIGNED on behalf of THE COMMONWEALTH
OF AUSTRALIA by the Right Honourable
JOHN MALCOLM FRASER, Prime Minister
of Australia, in the presence of: MALCOLM FRASER

PETER ARNOLD


SIGNED on behalf of THE STATE OF NEW
SOUTH WALES by the Honourable NEVILLE
KENNETH WRAN, Premier of New South
Wales, in the presence of: NEVILLE WRAN

M. HARKINS


SIGNED on behalf of THE STATE OF
VICTORIA by the Honourable JOHN CAIN,
Premier of Victoria, in the presence
of: JOHN CAIN

J. B. JACK


SIGNED on behalf of THE STATE OF SOUTH
AUSTRALIA by the Honourable DAVID
OLIVER TONKIN, Premier of South
Australia, in the presence of: DAVID TONKIN

PETER ARNOLD