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River Murray Waters Act 1915

Authoritative Version
Act No. 46 of 1915 as amended, taking into account amendments up to Act No. 216 of 1973
Registered 08 Dec 2009
Start Date 16 Nov 1923
End Date 01 Feb 1984
Date of repeal 01 Feb 1984
Repealed by River Murray Waters Act 1983

RIVER MURRAY WATERS ACT 1915 [Note: This Act is "repealed" by Act No. 86 of 1983]
(#DATE 19:12:1973)

Compilation Information

- Reprinted as at 19 December 1973

RIVER MURRAY WATERS ACT 1915-1973 - TABLE OF PROVISIONS

TABLE


RIVER MURRAY WATERS ACT 1915-1973

TABLE OF PROVISIONS
Section
1. Short title
2. Act to bind the Crown
3. Commencement
4. Definitions
5. Ratification of agreement
6. Appointment of Commissioner and Deputy Commissioner
7. Regulations made by the Commission
8. Regulations to have force of law
9. Evidence of regulation
10. Entry on land by Commission
11. Writ to enforce performance of duty of Commission
12. Orders of the Commission to bind
13. Evidence of records of Commission
14. Saving of rights of Commonwealth officers
15. Power to charge prescribed tolls
16. Tolls to be for lock-keeping and maintenance only
17. Maximum tolls
18. Appropriation of moneys
19. Evidence of arbitrator's decision
20. Works exempt from rates and taxes
21. Report to be laid before Parliament
22. Regulations made by the Governor-General

THE FIRST SCHEDULE

The Agreement

THE SECOND SCHEDULE

The Amending Agreement

THE THIRD SCHEDULE

The Further Amending Agreement

THE FOURTH SCHEDULE

The Second Further Amending Agreement

THE FIFTH SCHEDULE

The Third Further Amending Agreement

THE SIXTH SCHEDULE

The Fourth Further Amending Agreement

THE SEVENTH SCHEDULE

The Fifth Further Amending Agreement

THE EIGHTH SCHEDULE

The Sixth Further Amending Agreement

RIVER MURRAY WATERS ACT 1915-1973 - PREAMBLE

SECT


RIVER MURRAY WATERS ACT 1915-1973
An Act to ratify and provide for Carrying out an Agreement entered into between the Prime Minister of the Commonwealth and the Premiers of the States of New South Wales, Victoria, and South Australia, respecting the River Murray and Lake Victoria and other Waters, and for other purposes.
Preamble.
Amended by No. 20, 1923, s. 6. WHEREAS the Prime Minister of the Commonwealth of Australia, acting for and on behalf of the Commonwealth, and the Premiers of the States of New South Wales, Victoria, and South Australia, acting for and on behalf of those States respectively, have entered into the Agreement, a copy of which is set out in the First Schedule, subject to ratification by the Parliament of the said Commonwealth and the Parliaments of the said States:

And whereas it is desirable to ratify and provide for carrying out the said Agreement:

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

RIVER MURRAY WATERS ACT 1915-1973 - SECT. 1.
Short title.

SECT

Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the River Murray Waters Act 1915-1973.*

RIVER MURRAY WATERS ACT 1915-1973 - SECT. 2.
Act to bind the Crown.

SECT

2. This Act shall bind the Crown.*

RIVER MURRAY WATERS ACT 1915-1973 - SECT. 3.
Commencement.

SECT

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

RIVER MURRAY WATERS ACT 1915-1973 - SECT. 4.
Definitions.

SECT

Amended by No. 20, 1923, s. 7; No. 11, 1934, s. 5; No. 90, 1948, s. 5; No. 80, 1954, s. 5; No. 82, 1958, s. 5; No. 98, 1963, s. 5; No. 6, 1970, s. 5; and No. 216, 1973, s. 3.
4. In this Act, unless the contrary intention appears-

''Commission'' means the River Murray Commission appointed for the purposes of this Act;

''Commissioner'' means member of the Commission;

''Constructing authority'' means the contracting Government or Governments by which any works under this Act are constructed, or to be constructed, and any authority constituted or appointed for the purpose of such construction;

''Contracting Government'' means any Government which is a party to the Agreement;

''Maintenance'' includes repairs;

''Purposes of this Act'' includes purposes of the Agreement;

''Schedule'' means Schedule to this Act;

''The Agreement'' means the Agreement, a copy of which is set out in the First Schedule, as amended by the Agreements copies of which are set out in the Second, Third, Fourth, Fifth, Sixth, Seventh and Eighth Schedules;

''Under this Act'' includes under the Agreement.

RIVER MURRAY WATERS ACT 1915-1973 - SECT. 5.
Ratification of agreement.

SECT

Amended by No. 20, 1923, s. 8; and No. 11, 1934, s. 6.
5.* Subject to this Act, the Agreement, a copy of which is set out in the First Schedule, is hereby ratified and approved, and shall take effect on the commencement of this Act.

RIVER MURRAY WATERS ACT 1915-1973 - SECT. 6.
Appointment of Commissioner and Deputy Commissioner.

SECT

6. The Governor-General may appoint a Commissioner and a Deputy Commissioner, who shall respectively be paid such salaries (if any) as the Parliament provides.

RIVER MURRAY WATERS ACT 1915-1973 - SECT. 7.
Regulations made by the Commission.

SECT

Sub-section (1) amended by No. 93, 1966, s. 3.
7. (1) The Commission may make regulations-

(a) for or relating to-

(i) the times and places of its meetings;

(ii) the election of a chairman to preside in the absence of the President of the Commission;

(iii) the conduct of its proceedings;

(iv) the duties, and the control, supervision and guidance, of its officers and servants, and the time and mode in which they shall account to the Commission for all moneys received by them on its behalf or account;

(v) the mode of making, and the management and carrying out of, the contracts of the Commission;
(b) prescribing-

(i) what business shall be deemed formal for the purposes of the Agreement;

(ii) tolls pursuant to this Act that may be demanded and received in respect of vessels; and

(c) prescribing a penalty not exceeding One hundred dollars for a breach of any regulation.
Amended by No. 216, 1973, s. 3.

(2) Every regulation made under this section, on being published in the Gazette and in the Government Gazette of each of the States of New South Wales, Victoria, and South Australia, shall take effect from the date of the last of such publications or from a later date specified in the regulation.

(3) Regulations made under paragraphs (b) and (c) of sub-section (1) of this section shall be laid before both Houses of the Parliament of the Commonwealth and of each of the said States within fourteen days after the date of the latest publication thereof as aforesaid, or in the case of any Parliament not then sitting, within fourteen days after the next meeting of that Parliament. But if each House of any such Parliament passes a resolution (of which notice has been given in each House at any time within fourteen sitting days after such regulations have been laid before such House) disallowing such regulations, such regulations shall thereupon cease to have that effect.

(4) Regulations made under this section shall not be deemed to be Statutory Rules within the meaning of the Rules Publication Act 1903.

RIVER MURRAY WATERS ACT 1915-1973 - SECT. 8.
Regulations to have force of law.

SECT

8. The regulations of the Commission made and to take effect pursuant to this Act shall have the force of law.

RIVER MURRAY WATERS ACT 1915-1973 - SECT. 9.
Evidence of regulation.

SECT

9. The production of a document purporting to be a copy of any such regulation and to be signed by a Commissioner or the secretary of the Commission or of a Government Gazette in which such regulation was published shall be prima facie evidence that such regulation was made and is in force.

RIVER MURRAY WATERS ACT 1915-1973 - SECT. 10.
Entry on land by Commission.

SECT

10. For the purposes of this Act the Commission, and any person authorized by the Commission, may enter any lands and shall have free access to all works.

RIVER MURRAY WATERS ACT 1915-1973 - SECT. 11.
Writ to enforce performance of duty of Commission.

SECT

11. The High Court shall have jurisdiction to issue a writ of mandamus or other writ against the Commission or a Commissioner to compel it or him to perform any of the duties of the Commission or the Commissioner (as the case may be) under this Act.

RIVER MURRAY WATERS ACT 1915-1973 - SECT. 12.
Orders of the Commission to bind.

SECT

12. (1) Subject to this Act and the Agreement, the orders, determinations, decisions, and declarations of the Commission made in the exercise of its powers and discharge of its duties shall bind the Government and all persons and corporations, and may be made a Rule or Order of the High Court and shall be enforceable accordingly.
Sub-section (2) omitted by No. 80, 1950, s. 3.
* * * * * * * *

RIVER MURRAY WATERS ACT 1915-1973 - SECT. 13.
Evidence of records of Commission.

SECT

13. Every minute or record of the proceedings of the Commission, if signed by the Commissioners, or a copy thereof 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.

RIVER MURRAY WATERS ACT 1915-1973 - SECT. 14.
Saving of rights of Commonwealth officers.

SECT

14. The existing or accruing rights of a person in the Public Service of the Commonwealth shall not be affected by reason of his being appointed a Commissioner or Deputy Commissioner or his being appointed or employed as an officer or servant by the Commission, and service as a Commissioner or Deputy Commissioner or as such officer or servant shall count as service in the Public Service of the Commonwealth.

RIVER MURRAY WATERS ACT 1915-1973 - SECT. 15.
Power to charge prescribed tolls.

SECT

15. A contracting Government or any authority or person thereto authorized having pursuant to the agreement the control of any lock may from time to time demand and receive in respect of vessels carrying freight passing through such lock the tolls prescribed by regulations made by the Commission.

RIVER MURRAY WATERS ACT 1915-1973 - SECT. 16.
Tolls to be for lock-keeping and maintenance only.

SECT

16. Tolls shall not be prescribed, demanded, or received except towards the cost of lock-keeping and the maintenance of navigation works under this Act, nor in respect of that portion of the limits defined by the Agreement, the navigability of which is not substantially improved or made permanent by works under this Act.

RIVER MURRAY WATERS ACT 1915-1973 - SECT. 17.
Maximum tolls.

SECT

Amended by No. 93, 1966, s. 3.
17. The tolls prescribed shall not exceed-

(a) Five cents per ton of the freight for every hundred miles or part of a hundred miles up to the first two hundred miles, or

(b) Three and one-third cents per ton of the freight for every hundred miles or part of a hundred miles after the first two hundred miles
of the distance for which such freight is consigned or carried:

Provided that an excess of less than twenty-five miles on a distance of a hundred or any multiple of a hundred miles shall not be taken into account in computing the toll.

RIVER MURRAY WATERS ACT 1915-1973 - SECT. 18.
Appropriation of moneys.

SECT

Amended by No. 216, 1973, s. 3.
18. All moneys required to be provided under this Act shall be provided out of moneys to be appropriated by the Parliament for the purpose.

RIVER MURRAY WATERS ACT 1915-1973 - SECT. 19.
Evidence of arbitrator's decision.

SECT

19. A document signed by and purporting to contain the decision of an arbitrator appointed under the provisions of the Agreement shall be evidence of such decision.

RIVER MURRAY WATERS ACT 1915-1973 - SECT. 20.
Works exempt from rates and taxes.

SECT

Amended by No. 11, 1934, s. 7.
20.* No rates taxes or charges whatsoever shall be imposed made or levied in respect of any works under this Act or in respect of any land or other property held by any contracting Government or constructing authority for the purposes of such works.

RIVER MURRAY WATERS ACT 1915-1973 - SECT. 21.
Report to be laid before Parliament.

SECT

21. All reports, statements, and estimates received under this Act by the Governor-General shall be laid before both Houses of the Parliament without delay.

RIVER MURRAY WATERS ACT 1915-1973 - SECT. 22.
Regulations made by the Governor-General.

SECT

Amended by No. 93, 1966, s. 3.
22. The Governor-General may make regulations, not inconsistent with this Act, for carrying out or giving effect to any of the purposes of this Act for which the Commission is not empowered to make regulations, and may provide a penalty not exceeding One hundred dollars for any breach thereof.

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RIVER MURRAY WATERS ACT 1915-1973 - THE FIRST SCHEDULE

SCH

Heading amended by No. 20, 1923, s. 4.
THE FIRST SCHEDULE

THE AGREEMENT

AGREEMENT made the ninth day of September 1914 between the Right Honorable Joseph Cook Prime Minister of the Commonwealth of Australia for and on behalf of the Commonwealth of the first part the Honorable William Arthur Holman Premier of the State of New South Wales for and on behalf of that State of the second part the Honorable Sir Alexander James Peacock, K.C.M.G., Premier of the State of Victoria for and on behalf of that State of the third part and the Honorable Archibald Henry Peake Premier of the State of South Australia for and on behalf of that State of the fourth part.

WHEREAS certain resolutions have from time to time been agreed to and agreements entered into by the Premiers for the time being of the States of New South Wales Victoria and South Australia with regard to the River Murray and its tributaries including an agreement bearing date the eleventh day of November One thousand nine hundred and eight and an agreement relating to works therein described as the Lake Victoria Works and bearing date the fifth day of January One thousand nine hundred and twelve, none of which agreements has been ratified by Parliament.

And whereas at a Conference between the Prime Minister of the Commonwealth of Australia and the Premiers of the said States held on the seventh day of April One thousand nine hundred and fourteen certain resolutions were agreed to with a view 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 riparian States:

And whereas in order to carry into effect the last mentioned resolutions it is deemed desirable to enter into this Agreement.

NOW IT IS HEREBY AGREED as follows:-

I-Ratification and Enforcement
Substitution and ratification.
1. This Agreement is substituted for the said recited agreements bearing date the eleventh day of November One thousand nine hundred and eight and the fifth day of January One thousand nine hundred and twelve respectively; and is subject to ratification by the Parliaments of the Commonwealth and of the States of New South Wales Victoria and South Australia; and shall come into effect when so ratified.
Submission to Parliaments.
2. The Contracting Governments hereby agree to submit this Agreement for ratification to the respective Parliaments of the Commonwealth and of the said States during the present session of any such Parliament or if any such Parliament is not in session at date of this Agreement then at the first session of such Parliament held after the date of this Agreement.
Contracting Governments to provide for enforcement of Agreement and Acts.
3. Each of the Contracting Governments so far as its jurisdiction extends and so far as it may be necessary shall provide for or secure the execution and enforcement of the provisions of this Agreement and any Acts ratifying the same.

II-The Commission
Appointment.
4. As soon as may be after the ratification of this Agreement a Commission to be called ''The River Murray Commission'' (hereinafter called ''the Commission'') shall be appointed for the purposes of this Agreement and of the Acts ratifying the same, and shall be charged with the duty of giving effect to this Agreement and the said Acts.
Constitution.
5. The Commission shall consist of four Commissioners of whom one shall be appointed by the Governor-General of the Commonwealth one by the Governor of New South Wales one by the Governor of Victoria and one by the Governor of South Australia. Each Commissioner shall be appointed for a term not exceeding five years and shall be eligible for re-appointment.
Quorum.
Formal business.
6. The four Commissioners shall be a quorum and the concurrence of all of them shall be necessary for the transaction of the business of the Commission except such business as the Commission may from time to time prescribe as formal. The Commission shall not prescribe as formal any business in which the interests of any two of the Contracting Governments are dissimilar. For the transaction of formal business three Commissioners shall be a quorum and the chairman shall have a deliberative vote and in the event of an equality of votes a casting vote also.
President.
7. The Commissioner appointed by the Governor-General shall be the President of the Commission and shall have a deliberative vote but shall not have a casting vote except in the case of formal business.
Powers and salary.
8. Subject as aforesaid the Commissioners shall have equal powers; and each Commissioner shall receive such salary as the Parliament of the Commonwealth or of the State which he represents shall determine.
Vacancies.
9. On any vacancy occurring in the office of the President the Governor-General shall appoint a person to such vacant office and on any vacancy occurring in the office of a Commissioner other than the President the Governor of the State by whom the Commissioner whose office is vacant was appointed shall appoint a person to the vacant office.
Deputy Commissioners.
10. In case of the illness suspension or absence of a Commissioner the Governor-General or the Governor of the State by whose Governor he was appointed (as the case may be) may appoint a person to act as Deputy-Commissioner during such illness suspension or absence; and such Deputy shall while so acting have all the powers and perform all the duties and be entitled to the indemnities of the Commissioner in whose stead he so acts.
Indemnity of Commissioner.
11. Each Contracting Government shall indemnify the Commissioner appointed by the Governor-General or the Governor of its State (as the case may be) in respect of any act done by him and of any losses costs or damages incurred by him in the bona fide execution of the powers vested in the Commission by or under this Agreement or any Act ratifying the same.
Officers and servants.
12. The Commission may from time to time appoint or employ such and so many officers and servants as it thinks fit and remove or dismiss them. All such officers and servants shall as such be subject to the sole control of the Commission.
Employment of officers in Public Service.
13. Persons employed in the Public Service of a Contracting Government may and as far as practicable shall be so appointed or employed by the Commission which may arrange with a Contracting Government for the performance by a person employed in the Public Service of such Government of any work or services for the Commission and for any matters which may require to be adjusted with regard to the performance of or payment for such work or services by such person.
Officers' services partly used.
14. The services of any such person may be made use of in part by the Commission and in part by the Contracting Government.
Commission to take security from officers intrusted with money.
15. Before any person intrusted with the custody or control of moneys whether as collector or other officer or servant of the Commission enters upon his office the Commission shall take sufficient security from him for the faithful execution of his office; and such security may be that of any incorporated company or guarantee society approved of by the Commission and in such form as the Commission may think fit.
Officers to account.
16. Every officer or person appointed or employed by the Commission shall from time to time when required by the Commission make out and deliver to it or to any person appointed by it for that purpose a true and faithful account in writing under his hand of all moneys received by him on behalf or account of the Commission. Such account shall state how and to whom and for what purpose such moneys have been disposed of. Together with such account such officer shall deliver the receipts and vouchers for such payments. Every such officer or person shall pay to the Commission or to any person appointed by it to receive the same all moneys which appear to be owing from him upon the balance of such account.
Records of proceedings.
17. The Commission shall cause proper minutes or records of all its proceedings to be kept.
Gaugings.
18. It shall be the duty of the Commission to carry on an effective and uniform system of making and recording continuous gaugings-
(a) of the main stream of the River Murray and of such of its tributaries within the boundaries of each of the States, and at such points as the Commission deems necessary to determine the volume of the intake from the several portions of the drainage area the volume of flow at various points in the channels and the losses therefrom with their positions and modes of occurrence;
(b) of all diversions whether natural or artificial or partly natural and partly artificial from the main stream of the River Murray and its tributaries.

But the Commission in lieu of making any such gaugings may accept any gaugings made and recorded by any Contracting Government.
Duties of the Commission as to: (a) Deliveries of water.
19. Subject to this Agreement and any Acts ratifying the same the Commission-

(i) may declare from time to time so far as may be necessary for giving effect to this Agreement and the said Acts the quantities of and times for and means of verification of all deliveries of water provided for in this Agreement;

(ii) in declaring the quantities and times for deliveries of water shall have regard to the quantities and times most suitable and convenient for the purposes of this Agreement;
(b) Reports and balance sheet.
(iii) shall before the first day of October in each year prepare and forward to each of the Contracting Governments a report as to-

(a) its proceedings during the twelve months ended on the thirtieth day of June then last past;

(b) the operations carried on by it or under its orders and particularly as to the gauging of and all deliveries of water during such period;

(c) the effect of the diversions to the said thirtieth day of June on the volume of the River Murray and its tributaries;

(d) the scope and effect of all works in pursuance of this Agreement;

(e) the names salaries allowances or wages positions and duties of officers or persons employed by it;

(f) its receipts and expenditure during the said period;

(g) its administration generally during the said period.

III-Works to be Constructed
Description of works.
20. The works to be provided for under this Agreement comprise-

(i) the provision of a system of storage at Cumberoona or some other suitable site or sites on the Upper River Murray to be approved of by the Commission (hereinafter referred to as the ''Upper Murray Storage'');

(ii) the provision of a system of storage at Lake Victoria;

(iii) the construction of weirs and locks in the course of the River Murray from its mouth to Echuca;

(iv) the construction of weirs and locks in the course of the River Murrumbidgee from its junction with the River Murray to Hay, or, alternatively, at the absolute discretion of the Government of New South Wales, to be signified to the Commission within one year from the date on which this agreement comes into effect, the construction of weirs and locks in the River Darling extending up-stream from its junction with the River Murray and involving an equivalent amount of expenditure.
Responsibility for construction.
21. All of the works provided for in the next preceding clause to be constructed at points between the mouth of the River Murray and Wentworth shall be constructed by the Government of South Australia. The works on the River Murrumbidgee or on the River Darling above Wentworth (as the case may be) shall be constructed by the Government of New South Wales. The works on the River Murray above its junction with the River Darling shall be constructed by the Governments of New South Wales and Victoria severally or jointly as may be mutually agreed upon by those Governments, or as in default of such agreement may be determined by the Commission.
Capacity of weirs and locks.
22. The weirs and locks aforesaid shall be so constructed as to provide at all times of the year for vessels drawing five feet of water.
Preparation and submission of general scheme designs &c. for the approval of the Commission.
23. The Governments of New South Wales Victoria and South Australia shall each as soon as practicable cause to be prepared and submitted to the Commission for its approval a general scheme of the works to be constructed by them respectively under this Agreement and before commencing the construction of any of such works shall cause to be prepared and submitted to the Commission for its approval designs and estimates of such work.

The Commission may approve of any such general scheme and of any such designs or estimates with or without alterations or additions or may from time to time refer the same for amendment to the Government submitting the same; and in considering the sites at which weirs and locks are to be constructed the Commission shall so far as practicable have regard to the suitability of the sites for the purpose also of affording convenient offtakes for irrigation requirements. The construction of the work shall be carried out in accordance with the designs so approved.

The provisions of this clause so far as they relate to the approval by the Commission of designs and estimates and sites shall not apply to any works mentioned in clause twenty hereof which have been commenced before this Agreement comes into effect nor shall the said provisions or the provisions of paragraph (i) of clause twenty hereof so far as they relate to the approval of a site or sites apply to any site or sites for the Upper Murray Storage agreed upon by the Governments of New South Wales and Victoria before this Agreement comes into effect. Full particulars of any works so commenced and of any surveys made for any such site or sites (and, in the case of the Upper Murray Storage, whether agreed upon as aforesaid or not) and of the cost of such works and surveys shall as soon as may be after this Agreement comes into effect be furnished to the Commission by the Contracting Government or Governments by which the same have been so commenced or made.
Commencement of continuous works.
24. The construction as provided by clause twenty-one of this Agreement both of the storage works and of the weirs and locks mentioned in clause twenty hereof shall be commenced by the Governments of the several States as soon as may be after this Agreement comes into effect and shall be continued without cessation (other than may be due to unavoidable causes) until all of the said storage works and weirs and locks are completed.

The intention of the Contracting Governments is that so far as is reasonably practicable the Lake Victoria Works shall be completed within four years, the Upper Murray Storage Works within seven years, and all other works under this Agreement within twelve years after this Agreement comes into effect.
Maintenance of works.
25. The Governments of New South Wales Victoria and South Australia shall each maintain the works constructed by them respectively under this Agreement and keep the same effective for the purposes for which they were respectively designed.
Dredging and snagging.
26. After any weir or lock has been constructed under this Agreement across or in any river all necessary dredging and snagging up-stream in the river (within the limits indicated by paragraph (iii) or (iv) of clause twenty of this Agreement) to the distance to which the navigability of the river is affected by such weir or lock, shall be carried out by the Government by which it was constructed.
Operation and control of works and collection of tolls.
27. The works constructed by any Government under this Agreement shall be operated and controlled by such Government; and such Government, in the case of a weir or lock across or in a river the flow of which is regulated under this Agreement, shall at all times (subject to clause fifty-one of this Agreement) maintain thereat a depth of water sufficient for navigation by vessels drawing five feet of water and shall also collect any tolls prescribed for the use thereof for purposes of navigation.
Directions of Commission.
28. The Commission shall have full power to give directions to secure the uniformity stability and durability of works and to order and direct-

(i) the order in point of time of the construction of particular works, being part of the works to be constructed by any of the State Governments;

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

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

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

(v) such acts and things as it considers necessary for ensuring the due observance of this Agreement;
and any such directions shall be carried out by the Constructing Authority.
State Governments to facilitate construction and operations within their territories.
29. 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 Constructing Authority shall grant to such other 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 such works in addition to the powers of a Constructing Authority and for carrying out any operations authorized by this Agreement.
Works for joint benefit of New South Wales and Victoria.
30. It is agreed between the Governments of New South Wales and Victoria that the provisions of this Agreement shall mutatis mutandis apply to any works in the River Murray above Echuca for the purpose of the diversions of water allotted to them under this Agreement (other than any works mentioned in clause twenty of this Agreement) which may be constructed for the joint benefit of those States, the cost of the construction of such works and of the maintenance thereof being borne by the Governments of New South Wales and Victoria in proportion to the amount of water proposed to be diverted into each of the said States by such works. In the event of failure of the respective Governments to agree as to the proportion of water proposed to be diverted the Commission shall upon reference to it by the Governments or either of them finally determine the matter.
Performance of joint duties.
31. 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 such Governments is to perform such duty shall unless mutually agreed upon between them be determined by the Commission.

IV-Finance
Apportionment of cost of construction.
32. The cost of carrying out the works mentioned in clause twenty of this Agreement is estimated at Four Million six hundred and sixty-three thousand pounds and shall be borne by the Contracting Governments in the following proportions, namely:-
Commonwealth . . . . . . . . . . . . . . . . . . . . . . . . . . . . #1,000,000 New South Wales . . . . . . . . . . . . . . . . . . . . . . . . . . . #1,221,000 Victoria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . #1,221,000 South Australia . . . . . . . . . . . . . . . . . . . . . . . . . . . #1,221,000
Estimated cost of construction.
33. The estimated cost of the several works mentioned in clause twenty of this Agreement and herein more particularly specified is as follows, namely:-

Nine weirs and locks from Blanchetown to Wentworth #865,000
Seventeen weirs and locks from Wentworth to Echuca #1,700,000
Nine weirs and locks from the junction of the
Rivers Murray and Murrumbidgee to Hay, or
alternatively locks and weirs from the junction of
the River Darling with the River Murray up stream
in the River Darling and involving an equivalent
amount of expenditure . . . . . . . . . . . . . . #540,000
Upper Murray Storage . . . . . . . . . . . . . . . #1,353,000
Lake Victoria Storage . . . . . . . . . . . . . . #205,000
Proposed expenditure in any year.
34. The Commission shall in the month of March of each year prepare and forward to each of the Contracting Governments a detailed estimate of the amount of money required during the twelve months from the first day of July then next ensuing for all expenditure pursuant to this Agreement (other than expenses of the Commission or salaries and expenses of Commissioners) showing the manner in which it is proposed to expend such money; and the Contracting Governments shall provide their respective shares thereof in the proportions set out in clause thirty-two of this Agreement and pay the same to the Commission before the expiration of the said period of twelve months.

In the first estimate prepared under this clause there shall also be included any amounts of money expended or to be expended by any of the Contracting Governments pursuant to this Agreement before the beginning of the period of twelve months covered by such first estimate (including the cost referred to in the last paragraph of clause twenty-three of this Agreement); and the same shall be paid accordingly as provided by this clause and clause thirty-five of this Agreement.

If in the opinion of the Commission it is necessary in any year to provide for any expenditure in excess of the amount set out in the estimate for that year the Commission shall prepare and forward to each of the Contracting Governments a detailed estimate of such excess expenditure; and the Contracting Governments shall provide their respective shares thereof in the proportions set out in clause thirty-two of this Agreement and pay the same to the Commission before the expiration of that year.
Payment by Commission to State.
35. In accordance with the estimates provided for in the next preceding clause of this Agreement the Commission shall in each year advance to any Government 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 such Government for those purposes in that year.
Excess expenditure in construction.
36. If in the opinion of the Commission for the effective construction of any of the works provided for in this Agreement it is necessary to exceed the amount set out in clause thirty-three of this Agreement the Commission may pay to the Government constructing such work an amount in excess of that so set out and the amount of such excess expenditure shall be borne by the Contracting Governments in the proportion set out in clause thirty-two of this Agreement.
Compensation for damage by works.
37. Where a Contracting Government or a Constructing Authority has made compensation for any damage occasioned by or arising out of anything done by it under this agreement the amount of such compensation shall be contributed by the Contracting Governments inter se in the proportions set out in clause thirty-two of this Agreement.
Administrative expenses.
38. All expenses of the Commission (except the salary and expenses of each Commissioner which shall be paid by the Contracting Government which he represents) shall be borne by the Contracting Governments in equal shares.
Unexpended balances.
39. Of the moneys paid to the Commission by the Contracting Governments pursuant to this Agreement such balances as remain unexpended on the thirtieth day of June in any year shall be available for expenditure during the twelve months from the first day of July in that year.
Audit and inspection of books.
40. The books accounts and vouchers of the Commission shall be examined and audited at least once in every year by the Auditor-General of the Commonwealth or by such other officer as may be appointed for that purpose by the Governor-General and may at any reasonable time be examined and audited by any person appointed for that purpose by the Governor of any of the said States; and a report of the result of any examination and audit under this clause shall be furnished to each Contracting Government by the person making the same.
Commission to account.
41. The Commission shall account to the Contracting Governments for all moneys received by the Commission under or for the purposes of this Agreement.
Tolls.
42. No tolls shall be collected in respect of navigation except such as are prescribed by the Commission for the use of weirs and locks constructed for the purposes of this Agreement. All such tolls when collected shall be paid to the Commission which shall credit the same to the Contracting Governments in the proportions set out in clause thirty-two of this Agreement.

V-Proceedings in Default
Failure to perform works or contribute cost.
43. If any Contracting Government whose duty it is under this Agreement or under any direction issued in accordance with this Agreement to construct or continue the construction of or to maintain operate or control any works or to carry on any operation or to provide its share of the cost of the construction maintenance operation or control of such works or of carrying on such operation refuses or neglects to do so after being thereunto required by the Commission the other Contracting Governments (or any one or more of them) with the sanction of the Commission-

(a) may without prejudice to their or its other rights under this Agreement construct or continue and complete the construction of or maintain operate or control the whole of such works (or any portion thereof specified by the Commission) or carry on such operation (or any part thereof specified as aforesaid) and provide the cost thereof; and

(b) may in any court of competent jurisdiction recover as a debt from the Contracting Government so refusing or neglecting the share of such cost to be provided by such Contracting Government in pursuance of this Agreement together with interest on any sums expended at a rate to be determined by the Commission.

For the purpose of any act or thing to be done under this clause the Contracting Governments or any one or more of them as aforesaid shall have the rights and powers of a Constructing Authority; but the Contracting Government so refusing or neglecting shall on completion of such act or thing and the payment of its share of the cost thereof be deemed to be the Constructing Authority.

VI-Distribution of Waters
Postponement of operation of clauses 45 to 51.
44. Clauses forty-five to fifty-one inclusive of this Agreement shall not take effect until the Lake Victoria and Upper Murray Storage Works are completed or declared by the Commission to be effective for the purposes of this Agreement or the expiration of the period of seven years from the time when the Agreement comes into effect (whichever first happens) and nothing in the said clauses or in this clause shall be taken as an admission prejudicial to the rights of any of the States of New South Wales Victoria or South Australia in the meantime.
Flow at Albury.
45. The flow of the River Murray at Albury including the natural or regulated flows of all tributaries of the River Murray above Albury as regulated by the Upper Murray Storage shall be shared equally by New South Wales and Victoria; subject to deduction from either State's share at Albury of such volumes as that State may by works divert from time to time from streams above Albury.
Tributaries in New South Wales and Victoria below Albury.
46. New South Wales and Victoria shall each have the full use of all tributaries of the River Murray within its territory below Albury and shall have the right to divert store and use the flows thereof and shall have the right below the affluence with the River Murray of any such tributary to divert store and use volumes equivalent to those arriving at the place of diversion as the result of contribution by any such tributary in addition to any other share of the waters at the place of diversion to which each of the said States is respectively entitled under this Agreement.
Limitation of rights under clauses 45, 46.

47. All rights under clauses forty-five and forty-six of this Agreement shall be subject to provision by each of the said States of New South Wales and Victoria from the flow of its tributaries or from the flow of the River Murray at Albury or both of its contribution towards the share hereby allotted to South Australia and subject also to town supply domestic and stock supply and other uses within its territory from the main stream and to the provisions of clause fifty of this Agreement.
Proportion of waters alloted to South Australia to be contributed by New South Wales and Victoria respectively.

48. The proportion of the contributions by New South Wales and Victoria to the share hereby allotted to South Australia and for town supply domestic and stock supply and other uses from the main stream shall be that which the mean natural flow of the tributaries of each State below Albury measured at the points of affluence with the River Murray with half the actual mean flow at Albury added in each case bear to each other. In calculating the mean flow of the River Darling for this purpose a deduction shall be made to the extent of any water diverted by the State of Queensland the extent of such diversion being determined by the Commission.
Allowance to South Australia.
49. The minimum quantity to be allowed to pass for supply to South Australia in each year shall be sufficient to fill Lake Victoria Storage once and in addition to maintain with the aid of the water returned from Lake Victoria a regulated supply at Lake Victoria outlet of one hundred and thirty-four thousand acre feet per month during the months of January February November and December, one hundred and fourteen thousand acre feet per month during the months of March September and October, ninety-four thousand acre feet per month during the months of April May and August, and forty-seven thousand acre feet per month during the months of June and July such quantities being the provisions for irrigation equivalent to a regulated supply of sixty-seven thousand acre feet per month during nine months and for domestic and stock supply losses by evaporation and percolation in Lake Victoria and like losses and lockage in the river from Lake Victoria to the river mouth (but not including Lakes Alexandrina and Albert).
Surplus.
50. After the utilization for irrigation by South Australia of the volumes set forth in the next preceding clause, or by New South Wales of one million nine hundred and fifty-seven thousand acre feet per annum, or by Victoria of two million two hundred and nineteen thousand acre feet per annum a further volume or further volumes may be allotted from time to time by the Commission out of any surplus over the quantities specified in this and the next preceding clause.
Drought.
51. The Commission may in the case of a period of unusual drought such as the years One thousand nine hundred and two and One thousand nine hundred and three vary the provisions of this Agreement respecting the amount of water to be used by New South Wales and Victoria and the amount of water to be allowed to pass for supply to South Australia and respecting the depth of water to be maintained at weirs and locks constructed under this Agreement but in any case of restriction the reduction of supply to be suffered by each State shall be proportioned to the amounts to which the respective States would otherwise be entitled under the preceding clauses of this Agreement.

VII-Diversions and Storages
Information to be given to Commission.
52. Before the commencement of any works to effect new or alter existing diversions of the waters of the River Murray or its tributaries the Contracting Government by or under permission from which such diversion is proposed to be effected shall inform the Commission in writing of the intention to commence such works.
Statement of existing diversions.
53. Within six months after the appointment of the Commission each of the Contracting Governments shall furnish the Commission with a statement containing a list of all actual and all permitted diversions existing within its territory at the time of such appointment with such particulars thereof as the Commission requires and such Contracting Government is able to supply.

VIII-Lake Victoria Works
Construction to be facilitated.
54. The States of New South Wales and Victoria so far as they can do so and as may be necessary in pursuance of this Agreement will authorize and facilitate the construction and maintenance and the use by the State of South Australia of the Lake Victoria Works mentioned and described in Schedule A to this Agreement.
Transfer of site.
55. To the end and for the purposes mentioned in the next preceding clause of this Agreement the State of New South Wales will transfer to and vest in the State of South Australia for an estate in fee simple subject to the conditions hereinafter expressed the lands mentioned and described in Schedule B to this Agreement.
Power to store water in Lake Victoria.
56. After the commencement of the Lake Victoria Works, 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, except so much of such waters as under this Agreement New South Wales or Victoria shall have allowed to pass down the river for diversion supply or use to or in their respective territories or as may be required for the purposes of this Agreement at all places below any such site.
Waters stored in Lake Victoria.
57. Subject to this Agreement and to the Acts ratifying the same and to any right at the date when this Agreement comes into effect lawfully exercisable by an occupier of land on the bank of the said lake to use the water being in the said lake for domestic purposes or for watering cattle or other stock or for gardens not exceeding five acres in extent used in connexion with a dwelling house and to the general right of all persons to use such water for domestic purposes or for watering cattle or other stock at places on such lake to which at the said date there is access by public road or reserve, the water impounded or stored in Lake Victoria shall be devoted to such uses as may be determined by the Government of South Australia, which, subject to any directions of the Commission, may at the times and in the quantities it thinks proper, release such water for conveyance by the channel of the River Murray to the eastern boundary of the State of South Australia: Provided that the water so stored shall be used primarily for the purpose of aiding to maintain the regulated supplies of water at Lake Victoria outlet provided for in clause forty-nine of this Agreement: Provided also that the State of South Australia subject to this Agreement will at the request of the State of New South Wales make provision where necessary for and permit the reasonable use of the waters of the said lake by occupiers on the settlement of lands of a total area not exceeding 200,000 acres in the vicinity of Lake Victoria for domestic purposes and for watering their cattle and other stock: Provided further that if access to the watering-places aforesaid by public road or reserve be interfered with by the construction of the said Lake Victoria Works, the State of South Australia will on the request of the State of New South Wales, provide such other watering-places in lieu thereof as shall not interfere with the said works.

IX-Miscellaneous
Arbitration. Difference to be referred.
58. If a difference of opinion arises among the Commissioners on any question not being a question of law or prescribed as formal business such question unless the Commissioners concur within two months after submission by a Commissioner of a resolution thereon shall as hereinafter provided be referred for decision to an arbitrator who shall be appointed by the Contracting Governments.

A Contracting Government may give to the other Contracting Governments written notice to concur in the appointment of an arbitrator and to refer such question to such arbitrator for decision.

If the appointment be not made within two months after the giving of such notice the Chief Justice of the Supreme Court of Tasmania or other the person for the time being discharging the duties of that office may at the request of such Contracting Government appoint an arbitrator who shall have the like powers to act in the reference and to decide the question as if he had been appointed by the Contracting Governments. The decision of an arbitrator appointed to decide such question shall be binding on the Commission and the Contracting Governments and shall be deemed to be the opinion of the Commission.
Furnishing information and particulars.
59. A Contracting Government shall on the request of the Commission furnish to the Commission all such information and particulars as the Commission may require for the purposes of this Agreement and as such Government is able to furnish.
Reports &c. to be sent to Governor-General or Governor.
60. All reports statements and estimates of the Commission required by this Agreement to be forwarded to the Contracting Governments or any of them and all reports of persons appointed to examine and audit books accounts and vouchers of the Commission shall be addressed to the Governor-General or the Governor (as the case may require).

X-Interpretation

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

''Constructing Authority'' means the Contracting Government or Governments by which any works are constructed or to be constructed or any authority constituted or appointed for the purpose of such construction.

''Contracting Government'' means any Government which is a party to this Agreement.

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

''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 and improvements.

''River'' and ''Tributary'' respectively include any affluent effluent creek ana-branch or extension of and any lake or lagoon connected with the river or tributary.

In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.
Signed sealed and delivered by the above-named JOSEPH COOK, in the presence of-

P. McM. GLYNN JOSEPH COOK (L.S.)
Signed sealed and delivered by the above-named WILLIAM ARTHUR HOLMAN, in the presence of-

W. H. FORREST W. A. HOLMAN (L.S.)
Signed sealed and delivered by the above-named ALEXANDER JAMES PEACOCK, in the presence of-

J. H. McCOLL A. J. PEACOCK (L.S.)
Signed sealed and delivered by the above-named ARCHIBALD HENRY PEAKE, in the presence of-

RICHARD BUTLER A. H. PEAKE (L.S.)


SCHEDULES

SCHEDULE A

A regulation reservoir with a storage capacity of about twenty-two and a half thousand millions of cubic feet at and about Lake Victoria in the State of New South Wales, situate within three miles of the River Murray and about thirty-six miles in a direct line below the junction of the River Murray with the River Darling and about fourteen miles in a direct line above the eastern boundary of the State of South Australia which lake covers an area of approximately thirty thousand acres, and is connected with the main stream of the River Murray by the Rufus River and Frenchman's Creek.

Such weirs and locks across and in the River Murray and such regulators as may be required for the purposes of the Lake Victoria storage or of the navigation of the River Murray.

SCHEDULE B

That piece of land situated in the State of New South Wales and covered with water now known as Lake Victoria with the two water-courses known as Rufus River and Frenchman's Creek connecting the River Murray with the said lake for and throughout their entire course from the said river to the said lake; also so much of the banks and foreshores of the said lake and water-courses and of the land adjoining thereto as shall be sufficient for all purposes of access to and use and enjoyment of the Lake Victoria Works.

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RIVER MURRAY WATERS ACT 1915-1973 - THE SECOND SCHEDULE

SCH

Added by No. 20, 1923, s. 10.
THE SECOND SCHEDULE

THE AMENDING AGREEMENT

AGREEMENT made the tenth day of August One thousand nine hundred and twenty-three between the Right Honorable Stanley Melbourne Bruce Prime Minister of the Commonwealth of Australia for and on behalf of the Commonwealth of the first part the Honorable Sir George Warburton Fuller K.C.M.G. Premier of the State of New South Wales for and on behalf of that State of the second part the Honorable Harry Sutherland Wightman Lawson Premier of the State of Victoria for and on behalf of that State of the third part and the Honorable Sir Henry Newman Barwell K.C.M.G. Premier of the State of South Australia for and on behalf of that State of the fourth part:

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

And whereas at Conferences between the Honorable Percy Gerald Stewart Minister for Works and Railways of the Commonwealth of Australia the Honorable Richard Thomas Ball Minister for Public Works of the State of New South Wales the Honorable Henry Angus Assistant Minister for Water Supply of the State of Victoria and the Honorable John George Bice Chief Secretary of the State of South Australia held on the twenty-third twenty-fourth and twenty-fifth days of May One thousand nine hundred and twenty-three certain resolutions were agreed to with a view to modifying certain of the provisions of the Principal Agreement:

Now it is hereby further agreed as follows:-

I-Ratification and Enforcement
Ratification.
1. This Agreement is subject to ratification by the Parliaments of the Commonwealth and of the States of New South Wales Victoria and South Australia and shall come into effect when so ratified.
Submission to Parliament.
2. The Contracting Governments hereby agree to submit this Agreement for ratification to the respective Parliaments of the Commonwealth and of the said States during the present session of any such Parliament or if any such Parliament is not in session at the date of this Agreement then at the first session of such Parliament held after the date of this Agreement.
Contracting Governments to provide for enforcement of Agreement and Acts.
3. Each of the Contracting Governments so far as its jurisdiction extends and so far as it may be necessary shall provide for or secure the execution and enforcement of the provisions of this Agreement and any Acts ratifying the same.
Incorporation in Principal Agreement.
4. On and after the date of ratification of this Agreement the Principal Agreement shall be read and construed as if the amendments made therein by this Agreement were incorporated therein.

II-Amendment of Principal Agreement
Quorum.
5. Clause 6 of the Principal Agreement is amended by inserting after the word ''and'' (first occurring) the words ''subject to clause 44 of this Agreement''.
Responsibility for construction.
6. Clause 21 of the Principal Agreement is amended-

(a) by inserting after the word ''Wentworth'' (first occurring) the words ''(excepting the weir and lock to be constructed on the River Murray below its junction with the River Darling by the Government of New South Wales or by the Government of Victoria or by both those Governments jointly)''; and

(b) by inserting after the words ''River Darling'' (last occurring) the words ''and one weir and lock below the said junction.''

7. After clause 24 of the Principal Agreement the following clause is inserted:-
Precedence of irrigation works.
''24A. The construction of works provided for in this Agreement which will provide for the needs of irrigation shall have precedence over the construction of any such works which will be primarily for the requirements of navigation.''
Tolls.
8. Clause 42 of the Principal Agreement is amended by omitting the words ''Contracting Governments in the proportions set out in clause thirty-two of this Agreement'' and inserting in their stead the words ''State Contracting Governments in equal proportions to be used by them towards the cost of lock-keeping and the maintenance of navigation works constructed under this Agreement.''
Postponement of operation of clauses 45 to 51.
9. Clause 44 of the Principal Agreement is amended-

(a) by omitting the word ''seven'' and inserting in its stead the word ''twelve''; and

(b) by adding at the end thereof the words ''Until clauses forty-five to fifty-one inclusive of this Agreement take effect the Commission may from time to time determine by a three-fourths majority the amount of water to be allowed to pass for supply to South Australia.''
Differences to be referred to Arbitration.
10. Clause 58 of the Principal Agreement is amended-

(a) by inserting after the word ''business'' the words ''or in the case of a question to be determined under clause 44 of this Agreement if the Commissioners are equally divided,''; and

(b) by inserting after the word ''Commissioners'' (second occurring) the words ''or in the case of a question to be determined under clause 44 of this Agreement at least three of the Commissioners.''
Share of the Commonwealth in cost of works.
11. Notwithstanding anything contained in clause 32 of the Principal Agreement the Commonwealth Government agrees to increase to one quarter the proportion of the cost of carrying out the works mentioned in clause 20 of the Principal Agreement to be borne by the Commonwealth Government and for the purposes of clauses 34, 36 and 37 of the Principal Agreement the cost of carrying out the said works shall be deemed to be borne by the Contracting Governments in equal shares.

The provisions of this clause are agreed to by the Commonwealth Government upon the understanding that it is the intention to carry out the Principal Agreement subject to such modifications thereof as are made by this Agreement or are at any time mutually agreed upon by all the Contracting Governments.
IN WITNESS WHEREOF the said parties to these presents have hereunto set their hands and seals the day and year first above-written.
Signed sealed and delivered by the above-named Stanley Melbourne Bruce in the presence of-

P. G. STEWART S. M. BRUCE (L.S.)
Signed sealed and delivered by the above-named George Warburton Fuller in the presence of-

R. T. BALL GEORGE W. FULLER (L.S.)
Signed sealed and delivered by the above-named Harry Sutherland Wightman Lawson in the presence of-
HENRY ANGUS H. S. W. LAWSON (L.S.)
Signed sealed and delivered by the above-named Henry Newman Barwell in the presence of-

JOHN G. BICE H. N. BARWELL (L.S.)

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RIVER MURRAY WATERS ACT 1915-1973 - THE THIRD SCHEDULE

SCH

Added by No. 11, 1934, s. 9.
THE THIRD SCHEDULE

THE FURTHER AMENDING AGREEMENT

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

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

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

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

NOW IT IS HEREBY FURTHER AGREED as follows:-

I. RATIFICATION AND ENFORCEMENT

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

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

3. EACH of the Contracting Governments so far as its jurisdiction extends and so far as it may be necessary shall provide for or secure the execution and enforcement of the provisions of this Agreement and any Acts ratifying the same.

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

II. AMENDMENT OF PRINCIPAL AGREEMENT AS AMENDED BY AMENDING AGREEMENT

5. CLAUSE 20 of the Principal Agreement is amended-

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

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

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

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

(v) the construction of two weirs in the course of the River Murrumbidgee from its junction with the River Murray to Hay.''

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

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

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

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

8. CLAUSE 22 of the Principal Agreement is amended by omitting the words ''weirs and''.

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

10. CLAUSE 24 of the Principal Agreement is amended-

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

(b) by omitting the second paragraph.

11. CLAUSE 26 of the Principal Agreement is amended-

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

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

12. CLAUSE 27 of the Principal Agreement is amended by omitting the words ''weir or lock across or'' and inserting in their stead the word ''lock''.

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

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

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

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

''33. The cost of maintaining operating and controlling

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

(ii) the works mentioned in Clause 20 of this Agreement when completed,
shall be borne by the State Contracting Governments in equal shares.''

16. CLAUSE 34 of the Principal Agreement is amended-

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

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

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

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

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

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

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

17. CLAUSE 36 of the Principal Agreement is omitted.

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

19. CLAUSE 51 of the Principal Agreement is amended by omitting the words ''weirs and'';

III. INTERPRETATION

20. CLAUSE 61 of the Principal Agreement is amended-

(a) by inserting after the definition of ''Contracting Government'' the following definition-

'' 'Contracting Governments' means all of the Governments which are parties to this Agreement''; and

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

'' 'State Contracting Government' means any State Government which is a party to this Agreement;

'State Contracting Governments' means all of the State Governments which are parties to this Agreement.''

IN WITNESS whereof the said parties to these presents have hereunto set their hands and seals the day and year first above-written.
SIGNED SEALED AND DELIVERED by the above-named JOSEPH ALOYSIUS LYONS in the presence of-

J. H. STARLING

J. A. LYONS (L.S.)
SIGNED SEALED AND DELIVERED by the above-named BERTRAM SYDNEY BARNSDALE STEVENS in the presence of-

R. H. DUNCAN

B. S. STEVENS (L.S.)

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

C. C. GALE

STANLEY S. ARGYLE (L.S.)
SIGNED SEALED AND DELIVERED by the above-named RICHARD LAYTON BUTLER in the presence of-

M. A. F. PEARCE

R. L. BUTLER (L.S.)

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RIVER MURRAY WATERS ACT 1915-1973 - THE FOURTH SCHEDULE

SCH

Added by No. 90, 1948, s. 6.
THE FOURTH SCHEDULE

THE SECOND FURTHER AMENDING AGREEMENT

AGREEMENT made the twenty-sixth day of November One thousand nine hundred and forty-eight Between The Right Honourable Joseph Benedict Chifley Prime Minister of the Commonwealth of Australia for and on behalf of the Commonwealth of the first part The Honourable John Marcus Baddeley Acting Premier of the State of New South Wales for and on behalf of that State of the second part The Honourable Thomas Tuke Hollway Premier of the State of Victoria for and on behalf of that State of the third part and The Honourable Thomas Playford Premier of the State of South Australia for and on behalf of that State of the fourth part:

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

AND WHEREAS by further Agreements dated the tenth day of August One thousand nine hundred and twenty-three and the twenty-third day of July One thousand nine hundred and thirty-four (hereinafter respectively referred to as ''the first Amending Agreement'' and ''the second Amending Agreement'') both 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 Principal Agreement were modified:

AND WHEREAS the first Amending Agreement and the second Amending Agreement were both subsequently ratified by the Parliament of the Commonwealth of Australia and by the Parliaments of the said States:

AND WHEREAS at a Conference between The Honourable Nelson Lemmon Minister for Works and Housing of the Commonwealth of Australia The Honourable John Joseph Cahill Minister for Public Works of the State of New South Wales The Honourable George Weir Minister for Conservation of the State of New South Wales, The Honourable John Gladstone Black McDonald Acting Premier and Minister for Water Supply and Soldier Settlement of the State of Victoria and The Honourable Malcolm McIntosh Minister of Works of the State of South Australia held on the eighteenth day of October One thousand nine hundred and forty-eight certain resolutions were agreed to with a view to further modifying certain of the provisions of the Principal Agreement as amended by the first Amending Agreement and the second Amending Agreement:

NOW IT IS HEREBY FURTHER AGREED as follows:-

I. RATIFICATION AND ENFORCEMENT

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

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

3. EACH of the Contracting Governments so far as its jurisdiction extends and so far as it may be necessary shall provide for or secure the execution and enforcement of the provisions of this Agreement and any Acts ratifying the same.

4. ON and after the date of ratification of this Agreement the Principal Agreement as amended by the first Amending Agreement and the second Amending Agreement shall be read and construed as if the amendments made therein by this Agreement were incorporated therein.
II. AMENDMENT OF PRINCIPAL AGREEMENT AS AMENDED BY FIRST AND SECOND
AMENDING AGREEMENTS

5. CLAUSE 12 of the Principal Agreement is amended by inserting after the word ''them'' the words ''and may provide for the superannuation of such officers''.

6. CLAUSE 19 of the Principal Agreement is amended-

(a) by omitting from paragraph (iii) the word ''first'' and inserting in its stead the word ''thirty-first''; and
(b) by adding after sub-paragraph (g) the following sub-paragraph:-

''(h) the condition of the catchment of the Upper Murray Storage referred to in Clause twenty of this Agreement and any action taken by the Commission under clause twenty-eight A thereof''.

7. CLAUSE 20 of the Principal Agreement as amended by Clause 5 of the second Amending Agreement is further amended by omitting paragraphs (i) and (ii) and inserting in their stead the following paragraphs:-

''(i) the provision of a storage on the Upper River Murray (hereinafter referred to as the 'Upper Murray Storage') with a capacity of approximately two million acre feet of water and with a roadway along the top of the containing dam.

(ii) the provision of a system of storage at Lake Victoria with inlet works of a capacity of six thousand acre feet per day when the water level in the storage is seven feet below the designed full supply level of the lock pool at the point of offtake from the River''.

8. AFTER Clause 28 of the Principal Agreement the following Clauses are inserted:

''28A. (1) The States of New South Wales and Victoria shall take effective measures to protect from erosion the portions of the catchment of the Upper Murray Storage which lie within their respective States.

(2) Each of the States of New South Wales and Victoria shall before the end of June in each year forward a report to the Commission on the condition of the portion of the catchment within its territory, the measures taken and work carried out during the twelve months ending on the thirty-first 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 Upper Murray Storage as it thinks fit and may indicate at any time whether in its opinion the measures taken and works carried out by the States for the protection of that catchment are effective or otherwise and in the event of it being considered by the Commission that any of such measures or works are ineffective the State concerned shall take action insofar as may be practicable to make them effective.

(4) In the event of it being considered by the Commission that there is need for special action the State concerned shall investigate the position and take such special action as may be required and authorized by the Commission.

(5) The measures and works referred to in Sub Clauses (1) and (3) of this Clause shall be undertaken at the cost of the State or States concerned but the cost of the special action referred to in Sub Clause (4) shall be met from the Commission funds and the Commission may authorize the expenditure involved.

28B. (1) The Commission may from time to time initiate proposals for the better conservation and regulation of the River Murray Waters and flows, may undertake preliminary investigations concerning such proposals, and may cause to be carried out by the Constructing Authorities surveys and investigations regarding the desirability and practicability of works or measures on or adjacent to the River Murray or any of its tributaries above Albury or the Darling River below Menindie other than works or measures provided for in the preceding clauses of this Agreement and the cost of any such surveys and investigations shall be met from the Commission funds. In the case of any such works being regarded by the Commission as necessary or desirable the Commission shall make recommendations to the Contracting Governments.

(2) The Contracting Governments may authorize the construction of any such additional works as may be mutually agreed upon and the provisions of this Agreement shall apply mutatis mutandis in respect of any such authorized additional works and the said additional works shall be controlled by the Commission provided however that in respect of any such work if so agreed by the Contracting Governments of the cost of construction, operation and maintenance may be borne by any one or more of the Contracting Governments in such shares as may be mutually agreed upon.''.

9. CLAUSE 30 of the Principal Agreement as substituted by Clause 13 of the second Amending Agreement is omitted and the following clause is inserted in its stead:-

''30. If any one of the State Contracting Governments desires to carry out on the River Murray any work other than the works provided for in the preceding clauses of this Agreement either as a work of the State of such 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 such State Contracting Government or State Contracting Governments to the Commission. The Commission may approve of such proposed work with or without alteration and if the proposed work provides for the storage of water or will affect the discharge, flow, use or control of water in 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 may be affected and the whole cost of construction operation and maintenance of such 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 the work shall cause it to be operated or controlled in such manner as may from time to time be required by the Commission.''.

10. CLAUSE 32 of the Principal Agreement as amended by Clause 14 of the second Amending Agreement is further amended by omitting the words ''not to exceed Twelve million pounds'' and inserting in their stead the words ''at Fourteen million pounds''.

11. CLAUSE 47 of the Principal Agreement is amended (a) by inserting after the word ''from'' (second occurring) the words ''its share of''; and (b) by omitting the words ''town supply domestic and stock supply and other uses within its territory from the main stream and to the Provisions of clause fifty of this Agreement'' and inserting in their stead the words ''clauses fifty and fifty-one of this Agreement''.

12. CLAUSE 48 of the Principal Agreement is omitted and the following clause is inserted in its stead:-

''48. The quantity of water to be allowed to pass in each month for supply to South Australia as set out in clause forty-nine of this Agreement shall be contributed by New South Wales and Victoria in equal volumes PROVIDED HOWEVER that these proportions may be varied in any month by agreement between the Commissioners representing the States of New South Wales and Victoria.''.

13. CLAUSE 49 of the Principal Agreement is amended by adding at the end thereof the words ''but notwithstanding the provisions of this clause the Commission may from time to time at the request of South Australia vary any of the monthly quantities set out above over a specific period subject to the sum of the quantities passed to South Australia at Lake Victoria outlet at the request of that State for any period of twelve months from June to May inclusive not exceeding One million, Two hundred and fifty-four thousand acre feet PROVIDED HOWEVER that monthly quantities in excess of those quantities stated in this clause, or in excess of those monthly quantities as varied by the Commission at the request of South Australia shall not be included for the purpose of computing the annual delivery to South Australia.''.

14. CLAUSE 50 of the Principal Agreement is omitted and the following clause is inserted in its stead:-

''50. After the completion of the works specified in clause twenty of this Agreement the discharge from the Upper Murray Storage and the inflow to and discharge from the Lake Victoria Storage shall be regulated to provide a reserve of water in storage for use in dry years such reserve to be fixed from time to time by and drawn upon at the discretion of the Commission PROVIDED THAT the quantity of water so held in reserve shall be not less than Seven hundred and fifty thousand acre feet at any time (of which not less than Two hundred thousand acre feet shall be in the Lake Victoria Storage) unless the Commission declares a period of restriction in pursuance of Clause fifty-one of this Agreement in which case the said reserve may be drawn upon PROVIDED HOWEVER that the volume in Lake Victoria may be reduced with a corresponding reduction in the combined volume in both storages at times other than periods of restriction if the Commission is satisfied that the supply to South Australia from upstream will be sufficient to ensure that the full allocation to the State can be met until the thirtieth day of June next ensuing and that there will be a combined reserve at that date of Seven hundred and fifty thousand acre feet including not less than Two hundred thousand acre feet in the Lake Victoria storage.''.

15. CLAUSE 51 of the Principal Agreement as amended by Clause 19 of the Second Amending Agreement is omitted and the following Clause is inserted in its stead:-

''51. (1) The Commission may in a year of drought declare a period of restriction and may vary the provisions of this Agreement respecting-

(a) The amounts of water to be used by New South Wales and Victoria and the amount to be allowed to pass for supply to South Australia at the Lake Victoria outlet; and

(b) The volumes to be held in reserve in the Upper Murray Storage and Lake Victoria Storage; and

(c) The depth of water to be maintained at weirs and weirs and locks constructed pursuant to this Agreement.

(2) During a declared period of restriction the amounts of water which the States of New South Wales, Victoria and South Australia shall be entitled to use each month from the River Murray (exclusive of its tributaries below Albury) shall be in the following proportions:-

New South Wales . . . . . . . . . . one million,
Victoria . . . . . . . . . . . . . . one million,
South Australia . . . . . . . . . . six hundred and three thousand.
PROVIDED ALWAYS AND IT IS HEREBY AGREED that-

(a) The Commission may from time to time having regard to the volumes of water in the Upper Murray Storage and the Lake Victoria Storage, the time of the year, the requirements for irrigation in each of the States and any other relevant circumstances, vary by declaration for a period not exceeding six months at any one time the proportions set out above;

(b) The State of New South Wales or the State of Victoria may during any month in a declared period of restriction use a greater amount of water from the River Murray than provided in the abovementioned proportions PROVIDED that the excess so utilized is contributed by the State concerned from a tributary or tributaries of the River Murray below Albury the use of the said tributaries being vested in the said States by clause forty-six of this Agreement;

(c) The State of South Australia may during any month in a declared period of restriction use a greater amount of water from the River Murray than provided in the abovementioned proportion-

(i) if the flow in the River Murray is in excess of the quantity which can be passed into Lake Victoria, in which event the greater amount which may be used may be equal to the amount provided in the abovementioned proportion together with the said excess; or

(ii) if the Commission considers that the flow in the River Murray is in excess of the quantity which need be passed into Lake Victoria to raise the level of that storage, in which event the State of South Australia may use a greater amount equal to the amount provided in the abovementioned proportion together with the whole of the said excess, PROVIDED however that the Commission shall not arrange for such greater amount to be used if the reserve storage in Lake Victoria is less than two hundred thousand acre feet.''.

16. CLAUSE 52 of the Principal Agreement is amended by inserting before the word ''works'' the word ''State''.

IN WITNESS whereof the said parties to these presents have hereunto set their hands and seals the day and year first abovewritten.
SIGNED SEALED AND DELIVERED by the abovenamed JOSEPH BENEDICT CHIFLEY in the presence of:

J. H. GARRETT J. B. CHIFLEY (L.S.)
SIGNED SEALED AND DELIVERED by the abovenamed JOHN MARCUS BADDELEY in the presence of:

P. H. ROPER J. M. BADDELEY (L.S.)
SIGNED SEALED AND DELIVERED by the abovenamed THOMAS TUKE HOLLWAY in the presence of:

W. JUNGWIRTH T. T. HOLLWAY (L.S.)
SIGNED SEALED AND DELIVERED by the abovenamed THOMAS PLAYFORD in the presence of:

E. L. BEAN T. PLAYFORD (L.S.)

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RIVER MURRAY WATERS ACT 1915-1973 - THE FIFTH SCHEDULE

SCH

Added by No. 80, 1954, s. 6.
THE FIFTH SCHEDULE

THE THIRD FURTHER AMENDING AGREEMENT

AGREEMENT made the second day of November One thousand nine hundred and fifty-four Between The Right Honourable Robert Gordon Menzies Prime Minister of the Commonwealth of Australia for and on behalf of the Commonwealth of Australia of the first part The Honourable John Joseph Cahill Premier of the State of New South Wales for and on behalf of that State of the second part The Honourable John Cain Premier of the State of Victoria for and on behalf of that State of the third part and The Honourable Thomas Playford Premier of the State of South Australia for and on behalf of that State of the fourth part:

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

AND WHEREAS by further Agreements dated the tenth day of August One thousand nine hundred and twenty-three, the twenty-third day of July One thousand nine hundred and thirty-four and the twenty-sixth day of November One thousand nine hundred and forty-eight (in this Agreement respectively referred to as ''the first Amending Agreement'', ''the second Amending Agreement'' and ''the third Amending Agreement'') 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 Principal Agreement were modified:

AND WHEREAS the first Amending Agreement, the second Amending Agreement and the third Amending Agreement were all subsequently ratified by the Parliament of the Commonwealth of Australia and by the Parliaments of the said States:

AND WHEREAS at a Conference between The Honourable Wilfred Selwyn Kent Hughes Minister for Works of the Commonwealth of Australia The Honourable John Brophy Renshaw Minister for Public Works and Local Government of the State of New South Wales The Honourable Ambrose George Enticknap Minister for Conservation of the State of New South Wales The Honourable Clive Philip Stoneham Minister for Water Supply of the State of Victoria and The Honourable Malcolm McIntosh Minister of Works of the State of South Australia held on the nineteenth day of July, One thousand nine hundred and fifty-four, certain resolutions were agreed to with a view to further modifying certain of the provisions of the Principal Agreement as amended by the first Amending Agreement, the second Amending Agreement and the third Amending Agreement:

NOW IT IS HEREBY FURTHER AGREED as follows:-

I. RATIFICATION AND ENFORCEMENT

1. THIS Agreement is subject to ratification 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 ratified.

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

3. EACH of the Contracting Governments so far as its jurisdiction extends and so far as it may be necessary shall provide for or secure the execution and enforcement of the provisions of this Agreement and any Acts ratifying it.

4. ON and after the date of ratification of this Agreement the Principal Agreement as amended by the first Amending Agreement, the second Amending Agreement and the third Amending Agreement shall be read and construed as if the amendments made by this Agreement were incorporated in the Principal Agreement as so amended.
II. AMENDMENT OF PRINCIPAL AGREEMENT AS AMENDED BY FIRST, SECOND AND
THIRD AMENDING AGREEMENTS

5. CLAUSE 20 of the Principal Agreement as amended by clause 5 of the second Amending Agreement and clause 7 of the third Amending Agreement is further amended-

(a) by omitting paragraph (i) and inserting in its stead the following paragraph:-

''(i) the provision of a storage on the upper River Murray (in this Agreement referred to as the 'Upper Murray Storage') with a capacity of approximately two and one-half million acre feet of water and with a roadway along the top of the containing dam;''; and

(b) by inserting after paragraph (v) the following new paragraph:-

''(vi) the construction or execution of such works or work on the River Murray between Tocumwal and Echuca and on the effluents of that river between those two points as the Commission from time to time determines as necessary to prevent the loss of the regulated flow of the river.''

6. CLAUSE 32 of the Principal Agreement is omitted and the following clause is inserted in its stead:-

''32. The cost of carrying out the works mentioned in clause twenty of this Agreement is estimated at Nineteen million seven hundred and fifty thousand pounds and shall be borne by the Contracting Governments in equal shares PROVIDED ALWAYS that, in the event of a contribution or contributions being received from the Snowy Mountains Hydro-electric Authority towards the cost of the works necessary to increase the capacity of the Upper Murray Storage from approximately two million acre feet of water to approximately two and one-half million acre feet of water, that contribution or those contributions shall be applied in reduction of the amounts which would otherwise have been contributed jointly by the Contracting Governments pursuant to this clause towards the cost of the works mentioned in clause 20 of this Agreement.''

7. CLAUSE 50 of the Principal Agreement is omitted and the following clause is inserted in its stead:-

''50. After the completion of the works specified in clause 20 of this Agreement, other than those specified in paragraph (vi) of that clause, the discharge from the Upper Murray Storage and the inflow to and discharge from the Lake Victoria Storage shall be regulated to provide a reserve of water in storage for use in dry years, that reserve to be fixed from time to time by, and drawn upon at the discretion of, the Commission PROVIDED THAT the quantity of water so held in reserve shall be not less than one million acre feet at any time (of which not less than two hundred thousand acre feet shall be in the Lake Victoria Storage) unless the Commission declares a period of restriction in pursuance of clause fifty-one of this Agreement in which case the said reserve may be drawn upon PROVIDED FURTHER HOWEVER that the volume in Lake Victoria may be reduced with a corresponding reduction in the combined volume in both storages at times other than periods of restriction if the Commission is satisfied that the supply to South Australia from upstream will be sufficient to ensure that the full allocation to that State can be met until the thirtieth day of June next ensuing and that there will be a combined reserve at that date of one million acre feet including not less than two hundred thousand acre feet in the Lake Victoria Storage.''

IN WITNESS whereof the said parties to these presents have hereunto set their hands and seals the day and year first above-written.
SIGNED SEALED AND DELIVERED by the abovenamed ROBERT GORDON MENZIES in the presence of:

G. J. YEEND ROBERT G. MENZIES (L.S.)
SIGNED SEALED AND DELIVERED by the abovenamed JOHN JOSEPH CAHILL in the presence of:

W. A. GLEESON J. J. CAHILL (L.S.)
SIGNED SEALED AND DELIVERED by the said JOHN CAIN in the presence of:

L. R. EAST JOHN CAIN (L.S.)
SIGNED SEALED AND DELIVERED by the said THOMAS PLAYFORD in the presence of:

L. F. LODER T. PLAYFORD (L.S.)

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RIVER MURRAY WATERS ACT 1915-1973 - THE SIXTH SCHEDULE

SCH

Added by No. 82, 1958, s. 6.
THE SIXTH SCHEDULE

THE FOURTH FURTHER AMENDING AGREEMENT

AGREEMENT made the eleventh day of September One thousand nine hundred and fifty-eight Between The Right Honourable Robert Gordon Menzies, Prime Minister of the Commonwealth of Australia for and on behalf of the Commonwealth of Australia, of the first part, The Honourable John Joseph Cahill, Premier of the State of New South Wales for and on behalf of that State, of the second part, The Honourable Henry Edward Bolte, Premier of the State of Victoria for and on behalf of that State, of the third part, and The Honourable Sir Thomas Playford, G.C.M.G., Premier of the State of South Australia for and on behalf of that State, of the fourth part.

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

AND WHEREAS by further Agreements dated the tenth day of August One thousand nine hundred and twenty-three, the twenty-third day of July One thousand nine hundred and thirty-four, the twenty-sixth day of November One thousand nine hundred and forty-eight and the second day of November One thousand nine hundred and fifty-four (in this Agreement respectively referred to as ''the first Amending Agreement'', ''the second Amending Agreement'', ''the third Amending Agreement'' and ''the fourth Amending Agreement'') 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 Principal Agreement were modified:

AND WHEREAS the first Amending Agreement, the second Amending Agreement, the third Amending Agreement and the fourth Amending Agreement were all subsequently ratified by the Parliament of the Commonwealth of Australia and by the Parliaments of the said States:

NOW IT IS HEREBY FURTHER AGREED as follows:-

I. RATIFICATION AND ENFORCEMENT

1. This Agreement is subject to ratification 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 ratified.

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

3. Each of the Contracting Governments so far as its jurisdiction extends and so far as it may be necessary shall provide for or secure the execution and enforcement of the provisions of this Agreement and any Acts ratifying it.

4. On and after the date of ratification of this Agreement, the Principal Agreement as amended by the first Amending Agreement, the second Amending Agreement, the third Amending Agreement and the fourth Amending Agreement shall be read and construed as if the amendments made by this Agreement were incorporated in the Principal Agreement as so amended.
II. AMENDMENT OF PRINCIPAL AGREEMENT AS AMENDED BY FIRST, SECOND,
THIRD AND FOURTH AMENDING AGREEMENTS

5. CLAUSE 45 of the Principal Agreement is amended by adding at the end thereof the following sub-clauses:-

''(2) (a) The quantity of water diverted from the Tooma River to the Adaminaby Storage and the Tumut River by the works of the Authority shall be deemed to be water diverted by works of the States of New South Wales and Victoria from a stream above Albury, and to have been so diverted as to one-half by works of each of those States.

(b) Either the State of New South Wales or the State of Victoria may allow to flow into the River Murray from any convenient source a quantity of water as replacement in whole or in part of the quantity of water deemed by paragraph (a) of this sub-clause to have been diverted by it, and the quantity so deemed to have been diverted by it shall be reduced by the quantity so replaced.

The rights conferred by this paragraph shall be supplementary to and not in substitution for the rights conferred by clauses forty-six, forty-seven and forty-eight of this Agreement.

''(3) Until such time as the necessary works have been constructed to enable water diverted from the Tooma River to the Adaminaby Storage and to the Tumut River to be replaced by water diverted from the Snowy River to a stream feeding or joining the River Murray above Hume Reservoir-

(a) The State of Victoria shall be entitled in each month to divert and use from the River Murray a volume of water equal to one-half of the quantity of water so diverted from the Tooma River in the preceding month. In order to enable that diversion and use, the State of New South Wales shall provide from the Murrumbidgee River a volume of water equivalent to one-half of the quantity so diverted from the Tooma River which volume shall, for the purpose of meeting the obligations of the State of Victoria under this Agreement, be treated in all respects as if it had been contributed by a tributary of the River Murray in the territory of Victoria joining that River below Albury.

(b) The quantities of water to be allocated to the States of New South Wales, Victoria and South Australia for use from the River Murray (exclusive of its tributaries below Albury) during any period of restriction declared pursuant to clause 51 of this Agreement shall be not less than the quantities which would have been available to those States if there had been no diversion of the waters of the Tooma River during or prior to that period of restriction.''.

6. CLAUSE 47 of the Principal Agreement as amended by the third Amending Agreement is amended by deleting the words ''clauses fifty and fifty-one'' and substituting the words ''clause fifty''.

7. CLAUSE 51 of the Principal Agreement as substituted by clause 15 of the third Amending Agreement is omitted and the following clause is inserted in its stead:-

''51. (1) The Commission may in a year of drought declare a period of restriction.

''(2) Without prejudice to the last preceding sub-clause, the Commission shall declare a period of restriction when the quantity of water held in reserve in the Upper Murray Storage and the Lake Victoria Storage falls to one million acre feet unless the Commission resolves that it is not necessary to do so.

''(3) When a period of restriction has been declared by the Commission pursuant to this clause, the Commission may vary the provisions of this Agreement respecting-

(a) the volumes of water to be held in reserve in the Upper Murray Storage and the Lake Victoria Storage; and

(b) the depth of water to be maintained at weirs and weirs and locks constructed pursuant to this Agreement.

''(4) 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 quantity of Murray water;

(b) determine the quantity of water which is to be allowed-

(i) for losses by evaporation, percolation and lockages other than losses under sub-paragraph (ii) of this paragraph, and

(ii) for losses by evaporation, percolation and lockages in the River from Lake Victoria outlet to the River mouth, but not including Lakes Alexandrina and Albert, and

(iii) for dilution within South Australia;

(c) having regard to its determinations under paragraphs (a) and (b) of this sub-clause, determine the quantity of water to be made available for use during each month by the contracting States.

The quantity determined in accordance with this paragraph is in this clause referred to as 'the available water'.

''(5) For the purposes of this clause, 'Murray water' means-

(a) the water stored in the Upper Murray Storage at the time the Commission makes its determination;

(b) the water stored in Lake Victoria Storage at the time the Commission makes its determination;

(c) the water in the weir pools at the time the Commission makes its determination; and

(d) (i) where the determination is made after works of the Authority have been constructed to enable water to be diverted from the Tooma River to the Adaminaby Storage and the Tumut River but before works of the Authority have been constructed to enable water so diverted to be replaced by water diverted from the Snowy River to a stream feeding or joining the River Murray above Hume Reservoir-the flow during the period of restriction of the River Murray above the Upper Murray Storage and its tributaries above Albury including waters diverted during the period of restriction from the Tooma River to the Adaminaby Storage and to the Tumut River by works of the Authority;

(ii) where the determination is made after works of the Authority have been constructed to enable water diverted from the Tooma River to the Adaminaby Storage and to the Tumut River to be replaced by water diverted from the Snowy River to a stream feeding or joining the River Murray above Hume Reservoir-the flow during the period of restriction of the River Murray above the Upper Murray Storage and its tributaries above Albury, excluding water diverted from the Tooma River to the Adaminaby Storage and the Tumut River but including any waters coming into the River Murray and its tributaries above Albury by reason of the permanent works of the Authority.

''(6) During a declared period of restriction, the available water shall be divided between the State Contracting Governments in the following proportions-

New South Wales . . . . . . . . . . . one million,
Victoria . . . . . . . . . . . . . . . one million,
South Australia . . . . . . . . . . . six hundred and three thousand,
and each of those Governments shall be entitled to use each month from the River Murray (exclusive of its tributaries below Albury) its monthly share as so ascertained of the available water, but the quantities used by New South Wales and Victoria may be varied in any month by agreement between the Commissioners representing those States and without affecting South Australia's share.

''(7) New South Wales and Victoria shall each have the full use during a declared period of restriction of all tributaries of the River Murray within their respective territories below Albury, and shall have the right to divert, store and use the flows thereof and the right below the confluence with the River Murray of any such tributary to use each month in a declared period of restriction from the River Murray, in addition to the share of the available water to which each of the said States is respectively entitled under sub-clause (6) of this clause, volumes equivalent to those arriving at the place of diversion during that month as the result of contribution by each such tributary.

''(8) The States of New South Wales and Victoria shall be entitled, during any month in a declared period of restriction, to use from any portion of the River Murray below Albury water in excess of the quantity to which they are entitled under sub-clauses (6) and (7) of this clause provided that a quantity equal to the excess so used is contributed by the State concerned from a tributary or tributaries of the River Murray below Albury.

In the exercise of the rights conferred by this sub-clause, neither such State shall take additional water to an extent which would prejudice the rights of either of the other States parties to this Agreement. In the event of disagreement between the Commissioners representing New South Wales and Victoria as to the quantity of water to be used or as to the manner of such contribution, the matter shall be determined by the Commission by a majority vote.

''(9) The quantity of available water which the State of South Australia is entitled to receive in any month shall be made up of water allowed to pass to South Australia, and water returned from Lake Victoria; and the quantity to which that State is entitled shall be measured as at the point in the River Murray immediately below the confluence of the Rufus River and the River Murray. In addition to its share of the available water, the State of South Australia shall be entitled to the quantity determined by the Commission pursuant to sub-paragraphs (ii) and (iii) of paragraph (b) of sub-clause (4) of this clause.

''(10) (a) New South Wales and Victoria shall each have the right during a period of restriction to divert, store and use the flows of the tributaries of the River Murray within their respective territories above Albury subject to deduction from either State's share of the available water of volumes equivalent to those that that State by its works so diverts, stores or uses from time to time during the period of restriction.

(b) Either the State of New South Wales or the State of Victoria may allow to flow into the River Murray from any convenient source a quantity of water as replacement in whole or in part of the quantity of water diverted by it pursuant to this sub-clause, and the amount of the deduction to be made pursuant to the last preceding paragraph shall be reduced by the quantity so replaced.

''(11) The Commission may from time to time, having regard to the volumes of water in the Upper Murray Storage and the Lake Victoria Storage, the time of the year, the requirements for irrigation in each of the States and any other relevant circumstances, vary by declaration for a period not exceeding six months at any one time the proportions set out in sub-clause (6) of this clause.

''(12) The State of South Australia may during any month in a declared period of restriction use a greater amount of water from the River Murray than that to which it is entitled under sub-clause (6) of this clause-

(a) if the flow in the River Murray is in excess of the quantity which can be passed into Lake Victoria, in which event the greater amount which may be used may be equal to the amount provided in that sub-clause together with the said excess; or

(b) if the Commission considers that the flow in the River Murray is in excess of the quantity which need be passed into Lake Victoria to raise the level of that storage, in which event the State of South Australia may use a greater amount equal to the amount to which it is entitled under sub-clause (6) of this clause together with the whole of the said excess, but the Commission shall not arrange for such greater amount to be used if the reserve storage in Lake Victoria is less than two hundred thousand acre feet.

''(13) The provisions of this Part other than this clause shall not, except as hereinafter provided, operate during a declared period of restriction.

The provisions of clause 50 shall continue in force during a declared period of restriction but may be modified as provided in this clause.

The provisions of paragraph (b) of sub-clause (3) of clause 45 shall have effect during a declared period of restriction.''.

8. CLAUSE 61 of the Principal Agreement as amended by the second Amending Agreement is amended by inserting after the definition of ''State Contracting Governments'' the following definitions:-

'' 'the Authority' means the Snowy Mountains Hydro-electric Authority; and

'the Snowy Mountains Agreement' means the agreement made between the Commonwealth, New South Wales and Victoria on the eighteenth day of September One thousand nine hundred and fifty-seven, and the agreement between the same parties made on the fourteenth day of December One thousand nine hundred and fifty-seven, both of which agreements are set out in schedules to the Snowy Mountains Hydro-electric Power Act 1949-1958 of the Commonwealth.''

III. OPERATION OF THIS AGREEMENT

9. The Principal Agreement is amended by inserting next after Part IX the following new Part:-

''IXA. Effect of Snowy Mountains Agreement

''60A. (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.

''(2) The provisions as to sharing of waters contained in this Agreement shall apply to the exclusion of the provisions contained in sub-clause (2) of clause 12 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 are 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) Except to the extent provided in sub-clauses (2) and (3) of this clause, the Snowy Mountains Agreement shall continue in full force and effect.''.

IN WITNESS whereof the said parties to these presents have hereunto set their hands and seals the day and year first above-written.
SIGNED SEALED AND DELIVERED by the above-named ROBERT GORDON MENZIES in the presence of:

RONALD MENDELSOHN ROBERT G. MENZIES (L.S.)
SIGNED SEALED AND DELIVERED by the above-named JOHN JOSEPH CAHILL in the presence of:

K. N. COMMENS J. J. CAHILL
SIGNED SEALED AND DELIVERED by the above-named HENRY EDWARD BOLTE in the presence of:

THOMAS F. MORNANE HENRY E. BOLTE (L.S.)
SIGNED SEALED AND DELIVERED by the above-named SIR THOMAS PLAYFORD in the presence of:

R. R. St. C. CHAMBERLAIN T. PLAYFORD (L.S.)

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RIVER MURRAY WATERS ACT 1915-1973 - THE SEVENTH SCHEDULE

SCH

Added by No. 98, 1963, s. 6.
THE SEVENTH SCHEDULE

THE FIFTH FURTHER AMENDING AGREEMENT

AN AGREEMENT made the eighth day of October One thousand nine hundred and sixty-three Between The Right Honourable Sir Robert Gordon Menzies, Prime Minister of the Commonwealth of Australia for and on behalf of the Commonwealth of Australia, of the first part, The Honourable Robert James Heffron, Premier of the State of New South Wales for and on behalf of that State, of the second part, The Honourable Henry Edward Bolte, Premier of the State of Victoria for and on behalf of that State, of the third part, and The Honourable Sir Thomas Playford, Premier of the State of South Australia for and on behalf of that State, of the fourth part:

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

AND WHEREAS by further agreements dated the tenth day of August One thousand nine hundred and twenty-three, the twenty-third day of July One thousand nine hundred and thirty-four, the twenty-sixth day of November One thousand nine hundred and forty-eight, the second day of November One thousand nine hundred and fifty-four and the eleventh day of September One thousand nine hundred and fifty-eight (in this Agreement respectively referred to as ''the first Amending Agreement'', ''the second Amending Agreement'', ''the third Amending Agreement'', ''the fourth Amending Agreement'' and ''the fifth Amending Agreement'') 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 Principal Agreement were modified:

AND WHEREAS the first Amending Agreement, the second Amending Agreement, the third Amending Agreement, the fourth Amending Agreement and the fifth Amending Agreement were all subsequently ratified by the Parliament of the Commonwealth of Australia and by the Parliaments of the said States:

NOW IT IS HEREBY FURTHER AGREED as follows:-

I. RATIFICATION AND ENFORCEMENT

1. This Agreement is subject to ratification 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 ratified.

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

3. Each of the Contracting Governments so far as its jurisdiction extends and so far as it may be necessary shall provide for or secure the execution and enforcement of the provisions of this Agreement and any Acts ratifying it.

4. On and after the date of ratification of this Agreement the Principal Agreement, as amended by the first Amending Agreement, the second Amending Agreement, the third Amending Agreement, the fourth Amending Agreement and the fifth Amending Agreement, shall be read and construed as if the amendments made by this agreement were incorporated in the Principal Agreement as so amended.
II. AMENDMENT OF PRINCIPAL AGREEMENT AS AMENDED BY FIRST, SECOND,
THIRD, FOURTH AND FIFTH AMENDING AGREEMENTS

5. Clause 6 of the Principal Agreement is amended by deleting the words ''subject to clause 44 of this Agreement''.

6. Clause 7 of the Principal Agreement is amended by adding the words ''or except as provided in sub-clause (8) of clause 51 of this Agreement'' at the end of the clause.

7. Clauses 19, 20, 23, 28A, 32, 45 and 50 of the Principal Agreement are amended by substituting the words ''Hume Reservoir'' for the words ''Upper Murray Storage'' wherever occurring.

8. Clause 20 of the Principal Agreement is amended by inserting after paragraph (ii) the following new paragraph:-
''(iia) the provision of a storage (in this Agreement referred to as ''the Chowilla Reservoir'') on the River Murray between Renmark and Wentworth with a capacity of approximately four and three-quarter million acre feet of water and with a roadway along the top of the containing dam (in this Agreement referred to as ''the Chowilla Dam'') and with provision for vessels drawing four feet six inches of water to pass.''
9. Clauses 22 and 27 of the Principal Agreement are amended by substituting for the words ''five feet of water'' the words ''four feet six inches of water'' wherever occurring.

10. Clause 25 of the Principal Agreement and its marginal note are omitted and the following clause and marginal note inserted in their stead:-
''Maintenance of works''.
''25. (1) The Commission may, from time to time declare that any of the works referred to in clause 20 of this Agreement have been affected by the construction of the Chowilla Reservoir and have become ineffective for the purposes of this Agreement, whereupon the Commission may forthwith dismantle so much of those works as it thinks fit.

(2) The Governments of New South Wales, Victoria and South Australia shall each maintain the works constructed by them respectively under this Agreement and keep the same effective for the purpose for which they were respectively designed, with the exception of those works declared to have become ineffective in accordance with this clause''.
11. Clause 32 of the Principal Agreement is amended by substituting for the words ''Nineteen million seven hundred and fifty thousand pounds'' the words ''Thirty-six million pounds.''
12. Clause 44 of the Principal Agreement and its marginal note are omitted and the following clause and marginal note inserted in their stead:-
''Effectiveness of Chowilla Reservoir.''
''44. At any time after the commencement of the construction of the Chowilla Dam, the Commission may declare that the Chowilla Reservoir has become effective for the purposes of this Agreement.''

13. Clause 47 of the Principal Agreement and its marginal note are omitted and the following clause and marginal note inserted in their stead:-
''Limitation of rights under clauses 45, 46''.
''47. (1) Until such time as the Chowilla Reservoir is declared to have become effective for the purposes of this Agreement, and except during a period of restriction declared under clause 51 of this Agreement all rights under clauses 45 and 46 of this Agreement shall be subject to provision by each of the States of New South Wales and Victoria from the flow of its tributaries or from its share of the flow of the River Murray at Albury or both of its contribution towards maintaining the share allotted by this Agreement to the State of South Australia, and subject also to sub-clause (1) of clause 50 of this Agreement.

(2) After the Chowilla Reservoir is declared to have become effective for the purposes of this Agreement, and except during a period of restriction declared under clause 51 of this Agreement, when the volume of water in the Chowilla Reservoir is not sufficient to maintain fully the share allotted by this Agreement to the State of South Australia, all rights under clauses 45 and 46 of this Agreement shall be subject to the provision by each of the States of New South Wales and Victoria from the flow of its tributaries or from its share of the flow of the River Murray at Albury or both of its contribution towards maintaining the share allotted by this Agreement to the State of South Australia.''

14. Clause 48 of the Principal Agreement and its marginal note are omitted and the following clause and marginal note inserted in their stead:-
''Proportion of waters allotted to South Australia to be contributed by New South Wales and Victoria respectively.''
''48. (1) Until such time as the Chowilla Reservoir is declared to have become effective for the purposes of this Agreement, and except during a period of restriction declared under clause 51 of this Agreement, the quantity of water to be allowed to pass in each month for supply to the State of South Australia as set out in clause 49 of this Agreement shall be contributed by the States of New South Wales and Victoria in equal volumes, but these proportions may be varied in any month by agreement between the Commissioners representing the States of New South Wales and Victoria.

(2) After the Chowilla Reservoir is declared to have become effective for the purposes of this Agreement, and except during a period of restriction declared under clause 51 of this Agreement when the volume of water in the Chowilla Reservoir is not sufficient to maintain fully the share allotted by this Agreement to the State of South Australia the quantity of water required in each month to ensure supply to the State of South Australia under clause 49 of this Agreement shall be contributed by the States of New South Wales and Victoria in equal volumes, but these proportions may be varied in any month by agreement between the Commissioners representing the States of New South Wales and Victoria.''

15. Clause 49 of the Principal Agreement and its marginal note are omitted and the following clause and marginal note inserted in their stead:-
''Allowance to South Australia.''
''49. Except as provided in clause 51 of this Agreement, the minimum quantities to be allowed to pass for supply to the State of South Australia at the outlet of the Chowilla Reservoir or the Lake Victoria outlet, as the case may be, shall be one hundred and thirty-four thousand acre feet per month during the months of January, February, November and December; one hundred and fourteen thousand acre feet per month during the months of March, September and October; ninety-four thousand acre feet per month during the months of April, May and August; and forty-seven thousand acre feet per month during the months of June and July; but, notwithstanding the provisions of this clause, the Commission may, from time to time, at the request of the Commissioner representing the State of South Australia, vary any of the monthly quantities set out in this clause over a specific period subject to the sum of the quantities passed to the State of South Australia at the outlet of Chowilla Reservoir or the Lake Victoria outlet, as the case may be, at the request of that State for any period of twelve months from June to May inclusive not exceeding one million two hundred and fifty-four thousand acre feet. Monthly quantities in excess of the monthly quantities stated in this clause, or in excess of those last-mentioned monthly quantities as varied by the Commission at the request of the Commissioner representing the State of South Australia, shall not be included for the purpose of computing the annual delivery to the State of South Australia.''

16. Clause 50 of the Principal Agreement is amended-
(a) by inserting the symbols and figure ''(1)'' at the commencement of the clause;

(b) by inserting the words and figures ''paragraph (iia) and those specified in'' before the words and figures ''paragraph (vi)''; and

(c) by adding the following new sub-clause namely:-

''(2) After the Chowilla Reservoir has been declared to have become effective for the purposes of this Agreement, the discharge from the Hume Reservoir and the Chowilla Reservoir shall be regulated to provide a reserve of water in storage for use in dry years, that reserve to be fixed from time to time by the Commission and drawn on at the discretion of the Commission, but the quantity of water so held in reserve shall not be less than two million four hundred thousand acre feet at the thirtieth day of April in any year, of which not less than eight hundred thousand acre feet shall be in the Hume Reservoir unless it is otherwise so decided by the Commission.''

17. Clause 51 of the Principal Agreement and its marginal note are omitted and the following clause and marginal note inserted in their stead:-
''Drought.''
''51. (1) The Commission may in a year of drought declare a period of restriction.

(2) Without prejudice to the last preceding sub-clause, the Commission shall declare a period of restriction-
(a) prior to the Chowilla Reservoir having been declared to have become effective for the purposes of this Agreement, when the quantity of water held in the Hume Reservoir and the Lake Victoria Storage falls to one million acre feet or less, unless the Commission resolves that it is not necessary to do so; and

(b) after the Chowilla Reservoir has been declared to have become effective for the purposes of this Agreement, unless the Commission is satisfied that the quantities of water held in the Hume Reservoir and in the Chowilla Reservoir will not fall below the respective amounts set out in sub-clause (2) of clause 50 of this Agreement by the thirtieth day of April then next ensuing, or unless it resolves that it is not necessary to do so.

(3) When a period of restriction has been declared by the Commission pursuant to this clause, the Commission may vary the provisions of this Agreement respecting-

(a) the volumes of water to be held in reserve in the Hume Reservoir and the Lake Victoria Storage or the Chowilla Reservoir as the case may be; and

(b) the depth of water to be maintained at weirs and weirs and locks constructed pursuant to this Agreement.

(4) 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 quantity of water under the control of the Commission;

(b) determine the quantity of water which is to be allowed-

(i) for losses by evaporation, percolation and lockages, other than losses under sub-paragraph (ii) of this paragraph;

(ii) for losses by evaporation, percolation and lockages in the River Murray from Lake Victoria or the Chowilla Reservoir as the case may be, to the mouth of the River Murray but not including Lakes Alexandrina and Albert; and

(iii) for dilution in South Australia;

(c) having regard to its determinations under paragraphs (a) and (b) of this sub-clause, determine the quantity of water to be made available for use during each month by the State Contracting Governments.

The quantity determined in accordance with this paragraph is in this clause referred to as ''the available water.''

(5) For the purposes of this clause ''the water under the control of the Commission'' means the aggregate of-

(a) the water stored in the Hume Reservoir at the time the Commission makes its determination;

(b) the water stored in the Lake Victoria Storage or the Chowilla Reservoir, as the case may be, at the time the Commission makes its determination;

(c) the water in the weir pools at the time the Commission makes its determination; and

(d) (i) where the determination is made after the works of the Authority have been constructed to enable water to be diverted from the Tooma River to the Adaminaby Storage and the Tumut River but before works of the Authority have been constructed to enable water so diverted to be replaced by water diverted from the Snowy River to a stream feeding or joining the River Murray above Hume Reservoir-the flow during the period of restriction of the River Murray above the Hume Reservoir and its tributaries above Albury including waters diverted during the period of restriction from the Tooma River to the Adaminaby Storage and to the Tumut River by works of the Authority; or

(ii) where the determination is made after works of the Authority have been constructed to enable water diverted from the Tooma River to the Adaminaby Storage and to the Tumut River to be replaced by water diverted from the Snowy River to a stream feeding or joining the River Murray above Hume Reservoir-the flow during the period of restriction of the River Murray above the Hume Reservoir and its tributaries above Albury excluding water diverted from the Tooma River to the Adaminaby Storage and the Tumut River but including any waters coming into the River Murray and its tributaries above Albury by reason of the permanent works of the Authority.

(6) (a) (i) During a declared period of restriction prior to the Chowilla Reservoir having been declared to have become effective for the purposes of this Agreement, the available water shall be divided between the State Contracting Governments in the following proportions-

New South Wales . . . . . . . . . . . . one million,
Victoria . . . . . . . . . . . . . . . one million,
South Australia . . . . . . . . . . . . six hundred and three
thousand.

(ii) During a declared period of restriction after the Chowilla Reservoir has been declared to have become effective for the purposes of this Agreement, the available water shall be divided between the State Contracting Governments in equal proportions.

(b) Each of the State Contracting Governments shall be entitled to use each month from the River Murray (exclusive of its tributaries below Albury) its monthly share as ascertained under this clause of the available water, but the quantities used by the States of New South Wales and Victoria may be varied in any month by agreement between the Commissioners representing those States if the variation does not affect the share of the State of South Australia.

(7) The States of New South Wales and Victoria shall each have the full use during a declared period of restriction of all tributaries of the River Murray within their respective territories below Albury, and shall have the right to divert, store and use the flows thereof and the right below the confluence with the River Murray of any such tributary to use each month in a declared period of restriction from the River Murray, in addition to the share of the available water to which each of the said States is respectively entitled under sub-clause (6) of this clause volumes equivalent to those arriving at the place of diversion during that month as a result of contribution by each such tributary.

(8) The States of New South Wales and Victoria shall be entitled, during any month in a declared period of restriction, to use from any portion of the River Murray below Albury water in excess of the quantity to which they are entitled under sub-clauses (6) and (7) of this clause provided that a quantity equal to the excess so used is contributed by the State concerned from a tributary or tributaries of the River Murray below Albury.

In the exercise of the rights conferred by this sub-clause, neither of those States shall take additional water to an extent which would prejudice the rights of either of the other States parties to this Agreement.

Notwithstanding anything to the contrary elsewhere contained in this Agreement, in the event of disagreement between the Commissioners representing the States of New South Wales and Victoria as to the quantity of water to be used or as to the manner in which the contribution by the State concerned is to be made the matter shall be determined by the Commission by a majority vote but, if the Commissioners are equally divided, the question shall be decided by the casting vote of the Commissioner representing the Commonwealth of Australia.

(9) (a) The total quantity of water to which the State of South Australia is entitled shall be measured at a point in the River Murray below the confluence of the Rufus River or, at a time to be decided by the Commission after the commencement of the construction of the Chowilla Dam, at a point immediately downstream of that dam.

(b) In addition to its share of the available water, the State of South Australia shall be entitled to the quantity determined by the Commission pursuant to sub-paragraphs (ii) and (iii) of paragraph (b) of sub-clause (4) of this clause.

(10) (a) The States of New South Wales and Victoria shall each have the right during a period of restriction to divert, store and use the flows of the tributaries of the River Murray within their respective territories above Albury subject to deduction from either State's share of the available water of volumes equivalent to those that that State by its works so diverts, stores or uses from time to time during the period of restriction.

(b) Either the State of New South Wales or the State of Victoria may allow to flow into the River Murray from any convenient source a quantity of water as replacement in whole or in part of the quantity of water diverted by it pursuant to this sub-clause, and the amount of the deduction to be made pursuant to the last preceding paragraph shall be reduced by the quantity so replaced.

(11) The Commission may from time to time, having regard to the volumes of water in the Hume Reservoir and the Lake Victoria Storage or the Chowilla Reservoir as the case may be, the time of the year, the requirements for irrigation in each of the States and any other relevant circumstances, vary by declaration for a period not exceeding six months at any one time the proportions set out in paragraphs (a) and (b) of sub-clause (6) of this clause.

(12) During any month in a declared period of restriction, if the Commission decides that the flow or prospective flow of the River Murray downstream of its junction with the Great Ana Branch of the Darling River is, or will be, in excess of the sum of-

(a) the quantities which are necessary to supply the allocation to the State of South Australia under sub-clause (6) of this clause; and

(b) any quantities which, in the opinion of the Commission, ought to be impounded in any storage below the said junction controlled by the Commission with the object of filling all such storages at some time before the end of the ensuing June,
the State of South Australia may use that excess in addition to the quantity of water to which it is entitled under sub-clause (6) of this clause.

(13) The provisions of this Part other than this clause shall not, except as in this sub-clause provided, operate during a declared period of restriction.

The provisions of clause 50 of this Agreement shall continue in force during a declared period of restriction but may be modified as provided in this clause.

The provisions of paragraph (b) of sub-clause (3) of clause 45 of this Agreement shall have effect during a declared period of restriction.''

18. The heading of Part VIII and clause 54 of the Principal Agreement and the marginal note to that clause are omitted and the following heading, clause and marginal note inserted in their stead:-

''VIII. Lake Victoria and Chowilla Reservoir Works
''Construction to be facilitated.''
''54. The States of New South Wales and Victoria, so far as they can do so and may be necessary in pursuance of this Agreement, will authorize and facilitate the construction and maintenance by the State of South Australia and the use by the Commission of the Lake Victoria and the Chowilla Reservoir works mentioned and described in this Agreement.''

19. Clause 58 of the Principal Agreement and its marginal note are omitted and the following clause and marginal note inserted in their stead:-
''Arbitration.''
''58. If a difference of opinion arises among the Commissioners on any question, not being a question of law or prescribed as formal business, that question, unless the Commissioners concur within two months 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.

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.

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 other 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.

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 opinion of the Commission.''

20. The marginal notes set out in the second column of the Schedule to this agreement are added to, or substituted for the existing marginal notes to, the respective clauses of the Principal Agreement specified in the first column of the said Schedule against which they appear.

THE SCHEDULE
Clause of Principal Marginal note to be added or substituted Agreement

28A. ''Protection of catchment of Hume Reservoir.''
28B. ''Commission may initiate proposals.''
33. ''Apportionment of cost of maintenance.''
50. ''Reserves.''
60A. ''Reconciliation with Snowy Mountains Agreement.''
61. ''Interpretation.''

IN WITNESS whereof the said parties to these presents have hereunto set their hands and seals the day and year first above-written.
SIGNED SEALED AND DELIVERED by the above-named SIR ROBERT GORDON MENZIES in the presence of-

W. SPOONER,
Minister of State for National Development.
ROBERT G. MENZIES (L.S.)
SIGNED SEALED AND DELIVERED by the above-named ROBERT JAMES HEFFRON in the presence of-

K. COMMENS R. J. HEFFRON (L.S.)
SIGNED SEALED AND DELIVERED by the above-named HENRY EDWARD BOLTE in the presence of-

THOMAS F. MORNANE HENRY E. BOLTE (L.S.)
SIGNED SEALED AND DELIVERED by the above-named SIR THOMAS PLAYFORD in the presence of-

J. C. WHITE T. PLAYFORD (L.S.)

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RIVER MURRAY WATERS ACT 1915-1973 - THE EIGHTH SCHEDULE

SCH


Added by No. 6, 1970, s. 6.
THE EIGHTH SCHEDULE

THE SIXTH FURTHER AMENDING AGREEMENT

AN AGREEMENT made the twenty-sixth day of February One thousand nine hundred and seventy between The Right Honourable John Grey Gorton, Prime Minister of the Commonwealth of Australia for and on behalf of the Commonwealth of Australia of the first part, The Honourable Robin William Askin, Premier of the State of New South Wales for and on behalf of that State, of the second part, The Honourable Sir Henry Edward Bolte, Premier of the State of Victoria for and on behalf of that State, of the third part and The Honourable Raymond Steele Hall, Premier of the State of South Australia for and on behalf of that State, of the fourth part:

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

AND WHEREAS by further agreements dated the tenth day of August One thousand nine hundred and twenty-three, the twenty-third day of July One thousand nine hundred and thirty-four, the twenty-sixth day of November One thousand nine hundred and forty-eight, the second day of November One thousand nine hundred and fifty-four, the eleventh day of September One thousand nine hundred and fifty-eight and the eighth day of October One thousand nine hundred and sixty-three (in this Agreement respectively referred to as ''the first Amending Agreement'', ''the second Amending Agreement'', ''the third Amending Agreement'', ''the fourth Amending Agreement'', ''the fifth Amending Agreement'' and ''the sixth Amending Agreement'') 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 Principal Agreement were modified:

AND WHEREAS the first Amending Agreement, the second Amending Agreement, the third Amending Agreement, the fourth Amending Agreement, the fifth Amending Agreement and the sixth Amending Agreement were all subsequently ratified by the Parliament of the Commonwealth of Australia and by the Parliaments of the said States:

NOW IT IS HEREBY FURTHER AGREED as follows:-

I. RATIFICATION AND ENFORCEMENT

1. This Agreement, other than clause 2, is subject to ratification 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 ratified.

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

3. Each of the Contracting Governments so far as its jurisdiction extends and so far as it may be necessary shall provide for or secure the execution and enforcement of the provisions of this Agreement and any Acts ratifying it.

4. On and after the date on which this Agreement comes into effect, the Principal Agreement, as amended by the first Amending Agreement, the second Amending Agreement, the third Amending Agreement, the fourth Amending Agreement, the fifth Amending Agreement and the sixth Amending Agreement, shall be read and construed as if the amendments made by this Agreement were incorporated in the Principal Agreement as so amended.
II. AMENDMENT OF PRINCIPAL AGREEMENT AS AMENDED BY FIRST, SECOND,
THIRD, FOURTH, FIFTH AND SIXTH AMENDING AGREEMENTS

4A. In this part of this Agreement, ''the Agreement'' means the Principal Agreement as amended by the first, second, third, fourth, fifth and sixth Amending Agreements.

5. After Clause 11 of the Agreement the following clause and marginal note are inserted:-
Indemnity of officers and servants.
''11A. (1) The Contracting Governments shall indemnify the officers and servants of the Commission in respect of any claims against them or any of them not occasioned by their negligence or wilful misconduct, arising out of the bona fide execution of their duties as officers and servants of the Commission.

(2) Any payments made pursuant to this clause shall be borne by the Contracting Governments in equal shares.''

6. Clause 15 of the Agreement is omitted.

7. Clause 16 of the Agreement is omitted.

8. Clause 19 of the Agreement is amended by inserting after paragraph (iii) the following paragraph:-
''(iv) shall when appropriate determine the time and manner of disposal of surplus assets acquired with funds made available by the Commission.''

9. After Clause 19 of the Agreement the following clause and marginal note are inserted:-
Delegation.
''19A. (1) The Commission may either generally or in relation to a matter or class of matters by resolution of the Commission delegate to the Commissioner or the Deputy Commissioner appointed by the Governor-General or an officer any of its powers under this Agreement (except this power of delegation).

(2) A delegation under this Agreement is revocable at will and no delegation prevents the exercise of any power by the Commission.''

10. Clause 20 of the Agreement is amended-

(a) by deleting in paragraph (ii) all words after the words ''Lake Victoria'' and inserting in their stead the words ''with inlet and outlet works that are of a size that will, in the opinion of the Contracting Governments, ensure the effectiveness of the system of storage in the regulation of the River Murray (including operations after the Dartmouth Reservoir has become effective for the purpose of this Agreement)''.

(b) by inserting after paragraph (iia) the following paragraph:-

''(iib) the provision of a storage (in this Agreement referred to as 'the Dartmouth Reservoir') on the Mitta Mitta River upstream of Dartmouth with an active capacity of approximately three million acre feet of water, at an estimated cost of Fifty-seven million dollars;'' and

(c) by inserting in paragraph (vi) after the words ''those two points'' the words ''and on the River Murray between the Hume Reservoir and the upstream limit of the water impounded by Yarrawonga Weir''.

11. Clause 21 of the Agreement is amended-

(a) by adding at the end of the clause the words ''The works for the Dartmouth Reservoir shall be constructed by the Government of Victoria''; and

(b) by substituting for the marginal note the following marginal note ''Construction of Works''.

12. Clause 23 of the Agreement is amended-

(a) by deleting the words ''designs and estimates of such work'', and inserting in their stead the words ''the necessary designs specifications and estimates of such work.'';

(b) by adding the words ''and specifications'' after the word ''designs'' at the end of the second paragraph;

(c) by adding the word ''specifications'' after the word ''designs'' wherever else occurring; and

(d) by adding after the second paragraph the following paragraph-

''The Commission shall furnish information to the Contracting Governments in relation to the design and construction of any work estimated to cost more than Five hundred thousand dollars and work shall not proceed unless the Contracting Governments are satisfied that the design and construction of such work are in accordance with the purposes for which the work was proposed. For the purposes of this paragraph 'design' means general design which illustrates the nature and extent of the work and 'construction' implies construction in accordance with the said design.''

13. Clause 24 of the Agreement is amended-

(a) by adding at the end of the clause the words ''However, completion of the construction of the Chowilla Reservoir shall be deferred until the Contracting Governments agree that the work shall proceed. Furthermore, in the case of any work for which the estimated cost at the time of approval exceeds Five hundred thousand dollars, if a revised estimated cost rises more than ten per centum above the estimated cost at the time the work was approved, 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 of the Commission's notification agreed to proceed.''; and

(b) by deleting from the marginal note the word ''continuous''.

14. Clause 25 of the Agreement is amended by substituting for sub-clause (1) the following sub-clause:-

''(1) The Commission may from time to time declare that any of the works referred to in clause 20 of this Agreement have become ineffective for the purposes of this Agreement, whereupon the Commission may request a State Contracting Government to dismantle so much of those works as the Commission thinks fit.''

15. Clause 27 of the Agreement is amended by inserting after the words ''by such Government'' the words ''in accordance with procedures laid down by the Commission''.

16. Clause 28 of the Agreement is amended-

(a) by omitting the words ''the Commission shall have full power to give directions to secure the uniformity stability and durability of works and to order and direct-'' and inserting in their stead the words ''The Commission shall have full power to give directions to ensure the efficient construction and required performance of the works and to order and direct-''; and

(b) by adding at the end of the clause the words ''Furthermore, in the case of works estimated to cost more than Five hundred thousand dollars the Constructing Authority shall obtain the approval of the Commission for the acceptance of any tender exceeding Five hundred thousand dollars, and the approval of the Commission shall not be given without the approval of the Contracting Governments.''.

17. Sub-clause (1) of Clause 28 (B) is amended by omitting the words ''by the Constructing Authorities''.

18. Clause 30 of the Agreement is amended by omitting the marginal note and inserting in its stead the marginal note ''Works for benefit of State Contracting Governments''.

19. Clause 32 of the Agreement is amended by omitting the words ''is estimated at Seventy-two million dollars and''.

20. Clause 34 of the Agreement is amended by omitting the words ''the same to'' wherever occurring and inserting in their stead the words ''so much of the same as is required by''.

21. Clause 44 of the Agreement is amended by omitting-

(a) the words ''the Chowilla Dam'' and inserting in their stead the words ''any particular work or works provided for under Clause 20 of this Agreement'';

(b) the words ''that the Chowilla Reservoir has become'' and inserting after the word ''declare'' the words ''that work or those works to be''; and

(c) from the marginal note the words ''Chowilla Reservoir'' and inserting in their stead the word ''Work''.

22. After Clause 45 of the Agreement the following clause is inserted-

''45A. Unless otherwise directed by the Commission-

(a) the flow passing Torrumbarry Weir shall as far as possible be regulated so as to prevent salinity in the river water at Swan Hill exceeding three hundred parts per million total dissolved solids, but such flow shall not be required to exceed One thousand six hundred cusecs except when needed to meet downstream water requirements; and

(b) the flow passing Euston Weir shall as far as possible be regulated so as to prevent salinity in the river water at Merbein exceeding three hundred parts per million total dissolved solids, but such flow shall not be required to exceed One thousand cusecs plus the combined diversion requirements of the pumping districts of Red Cliffs, First Mildura Irrigation Trust, Merbein, Coomealla and Curlwaa except when needed to meet downstream water requirements.''

23. Clause 46 of the Agreement is amended by inserting-

(a) at the beginning the words ''(1) Except as provided for in Clause 60B hereof and subject to sub-clause (2) of this clause''; and

(b) at the end of the sub-clause the following sub-clause:-

''(2) After the Dartmouth Reservoir is declared to have become effective and except in a year during which there is a period of restriction declared under Clause 51 of this Agreement the State of Victoria agrees to cede to the State of New South Wales the right to use Forty-five thousand acre feet annually of water contributed to the River Murray below Albury by Victorian tributaries.''

24. Clause 49 of the Agreement is deleted and the following clause inserted in its stead:-

''49. (1) The total quantity of water to which the State of South Australia is entitled shall be measured at a point in the River Murray immediately below the confluence of the Rufus River, or, at a time to be decided by the Commission after the commencement of the construction of the Chowilla Dam, at a point immediately downstream of that dam.

(2) Except as provided in Clause 51 of this Agreement the minimum monthly quantities of water to be allowed to pass for supply to the State of South Australia shall be as scheduled in sub-clauses (3) and (4) of this clause, provided that the Commission may, from time to time, at the request of the Commissioner representing the State of South Australia, vary any of the monthly quantities set out in sub-clauses (3) and (4) over a specific period subject to the sum of the quantities passed to the State of South Australia at the request of that State for any year not exceeding the sum of the monthly quantities shown in the appropriate part of sub-clauses (3) and (4). Monthly quantities in excess of the monthly quantities stated in sub-clauses (3) and (4), or in excess of those last mentioned monthly quantities as varied by the Commission at the request of the Commissioner representing the State of South Australia, shall not be included for the purpose of computing the annual delivery to the State of South Australia.

(3) Until such time as the Dartmouth Reservoir is declared to have become effective for the purposes of this Agreement, and except during a period of restriction declared under Clause 51 of this Agreement, the minimum monthly quantities to be allowed to pass for supply to the State of South Australia shall be-
July . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47,000 acre feet August . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94,000 acre feet September . . . . . . . . . . . . . . . . . . . . . . . . . . 114,000 acre feet October . . . . . . . . . . . . . . . . . . . . . . . . . . . 114,000 acre feet November . . . . . . . . . . . . . . . . . . . . . . . . . . . 134,000 acre feet December . . . . . . . . . . . . . . . . . . . . . . . . . . . 134,000 acre feet January . . . . . . . . . . . . . . . . . . . . . . . . . . . 134,000 acre feet February . . . . . . . . . . . . . . . . . . . . . . . . . . . 134,000 acre feet March . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114,000 acre feet April . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94,000 acre feet May . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94,000 acre feet June . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47,000 acre feet
being an annual sum of minimum monthly quantities of 1,254,000 acre feet.

(4) After the Dartmouth Reservoir is declared to have become effective for the purposes of this Agreement and except during a period of restriction declared under Clause 51 of this Agreement the minimum monthly quantities to be allowed to pass for supply to the State of South Australia shall be-
July . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85,000 acre feet August . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98,000 acre feet September . . . . . . . . . . . . . . . . . . . . . . . . . . 107,000 acre feet October . . . . . . . . . . . . . . . . . . . . . . . . . . . 135,000 acre feet November . . . . . . . . . . . . . . . . . . . . . . . . . . . 149,000 acre feet December . . . . . . . . . . . . . . . . . . . . . . . . . . . 178,000 acre feet January . . . . . . . . . . . . . . . . . . . . . . . . . . . 178,000 acre feet February . . . . . . . . . . . . . . . . . . . . . . . . . . . 150,000 acre feet March . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147,000 acre feet April . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113,000 acre feet May . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80,000 acre feet June . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80,000 acre feet
being an annual sum of minimum monthly quantities of 1,500,000 acre feet.''

25. Clause 50 of the Agreement is amended as follows:-

(a) by deleting from sub-clause (1) the words ''After the completion of the works specified in Clause 20 of this Agreement other than those specified in paragraph (iia) and those specified in paragraph (vi) of that clause, the discharge from the Hume Reservoir and the inflow to and discharge from the Lake Victoria Storage'' and inserting in their stead the words ''Until such time as the Dartmouth Reservoir has been declared to be effective for the purposes of this Agreement the storages under the control of the Commission''; and

(b) by deleting sub-clause (2) and substituting the following sub-clause-

''(2) After the Dartmouth Reservoir has been declared to have become effective for the purposes of this Agreement the storages under the control of the Commission shall be regulated to provide a reserve of water in storage for use in dry years, that reserve to be fixed from time to time by the Commission and drawn on at the discretion of the Commission, but the quantity of water so held in reserve in the Hume and Dartmouth Reservoirs and Lake Victoria Storage shall not be less than two million acre feet at the thirtieth day of April in any year of which not less than two hundred thousand acre feet shall be in the Lake Victoria Storage unless it is otherwise decided by the Commission.''

26. Clause 51 of the Agreement is amended as follows:-

(a) by deleting from paragraph (a) of sub-clause (2) the word ''Chowilla'' and inserting in its stead the word ''Dartmouth''.

(b) by deleting from paragraph (b) of sub-clause (2) the word ''Chowilla'' and inserting in its stead the word ''Dartmouth'' and by deleting the words ''the Hume Reservoir and in the Chowilla Reservoir'' and inserting in their stead the word ''storage''.

(c) by deleting from paragraph (a) of sub-clause (3) the words ''in the Hume Reservoir and the Lake Victoria storage or the Chowilla Reservoir as the case may be'' and inserting in their stead the words ''as provided in Clause 50 of this Agreement''.

(d) by deleting from paragraph (a) of sub-clause (5) the word ''Reservoir'' and inserting in its stead the words ''and Dartmouth Reservoirs''.

(e) Paragraph (b) of sub-clause (5) is amended as follows:-

(i) by deleting the letter ''(b)'' and inserting in its stead the letters ''(ba)''; and

(ii) by inserting a sub-paragraph ''(bb) The water available to the Commission in the Menindee Lakes Storage;''.

(f) by omitting paragraph (d) of sub-clause (5) and inserting the following paragraph in its stead:-

''(d) the flow during the period of restriction of the River Murray above the Hume Reservoir and its tributaries above Albury excluding water diverted from the Tooma River to the Adaminaby Storage and the Tumut River but including any waters coming into the River Murray and its tributaries above Albury by reason of the permanent works of the Authority.''.

(g) sub-clause (6) is amended by deleting the word ''Chowilla'' wherever occurring and inserting in its stead the word ''Dartmouth''.

(h) Sub-clause (7) is amended-

(i) by inserting the letter ''(a)'' after the figure ''(7)''; and

(ii) by adding a paragraph-

''(b) Notwithstanding the provisions of paragraph (a) of this sub-clause the State of Victoria will, during a declared period of restriction after the Dartmouth Reservoir has been declared to have become effective for the purposes of this Agreement, cede to the State of New South Wales the right to use a volume of four thousand acre feet of water per month with a maximum of thirty thousand acre feet of water in any period from the first day of September to the following thirtieth day of April (in this sub-clause called ''the irrigation season'') in which there has been continuous restriction. When there has been a period of restriction for part of the irrigation season the quantity of water made available to the State of New South Wales shall be-

(i) during the months of unrestricted supply or part thereof five thousand five hundred acre feet of water per month; and

(ii) during the months of restricted supply, four thousand acre feet of water per month.''

(i) sub-clause (9) is amended by deleting paragraph (a) and the paragraph reference letter ''(b)'' and by inserting at the end of the sub-clause the words ''which quantity unless otherwise determined by the Commission shall be forty seven thousand acre feet of water per month.''

(j) sub-clause (11) is amended-

(i) by deleting the words ''volumes of'' and inserting in their stead the word ''available'';

(ii) by omitting the words ''in the Hume Reservoir and the Lake Victoria storage or the Chowilla Reservoir as the case may be''; and

(iii) by deleting the words ''paragraphs (a) and (b)'' and inserting in their stead the words ''paragraph (a)''.

27. Clause 57 of the Agreement is amended by omitting the words ''at Lake Victoria outlet''.

28. Clause 61 of the Agreement is amended by inserting after the definition of ''Maintenance'' the following definition:-

'' 'Menindee Lakes Storage Agreement' means Clauses four to fourteen inclusive of the Agreement made between the Commonwealth, New South Wales, Victoria and South Australia on the eighth day of October one thousand nine hundred and sixty three set out in the Schedule to the Menindee Lakes Storage Agreement Act 1963 of the Commonwealth.''

III. OPERATION OF THIS AGREEMENT

29. The Principal Agreement is amended by inserting next after Part IXA the following new Part:-

''IXB Effect of Menindee Lakes Storage Agreement.''

60B. (1) The Contracting Governments agree that this Agreement shall be read and construed as if the Menindee Lakes Storage Agreement as amended in sub-clause (2) of this clause were incorporated in this Agreement.

(2) The hereinafter mentioned clauses of the Menindee Lakes Storage Agreement are amended as follows:-

(a) Clause 4 is amended by omitting the words ''and without prejudice to the later operation of Clauses 9 and 12, shall remain in force for a period of seven years from that date'';

(b) Clauses 7 and 8 are amended by substituting for the number ''90,000'' the number ''100,000'' wherever occurring;

(c) Clause 9 is amended by omitting the words ''during which this Agreement remains in force''; and

(d) Clause 13 is omitted.

IN WITNESS whereof the said parties to these presents have set their hands and seals the day and year first above written.
SIGNED SEALED AND DELIVERED by the above-named JOHN GREY GORTON in the presence of-

C. L. HEWITT J. G. GORTON
SIGNED SEALED AND DELIVERED by the above-named ROBIN WILLIAM ASKIN in the presence of-

G. M. GRAY R. W. ASKIN
SIGNED SEALED AND DELIVERED by the above-named SIR HENRY EDWARD BOLTE in the presence of-

I. G. BAKER HENRY BOLTE
SIGNED SEALED AND DELIVERED by the above-named RAYMOND STEELE HALL in the presence of-

J. S. WHITE STEELE HALL
--------------------------------------------------------------------------------

RIVER MURRAY WATERS ACT 1915-1973 - NOTES


NOTES
1. The River Murray Waters Act 1915-1973 comprises the River Murray Waters Act 1915 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------
Number Date of Date of
Act and year Assent commencement
----------------------------------------------------------------------------
River Murray Waters Act
1915 No. 46, 1915 15 Nov 1915 31 Jan 1917 (see
Gazette 1917, p.1)
River Murray Waters Act
1923 No. 20, 1923 1 Sept 1923 16 Nov 1923 (see
Gazette 1923, p.
2209)
River Murray Waters Act
1934 No. 11, 1934 30 July 1934 23 Nov 1934 (see
Gazette 1934, p.
1909)
River Murray Waters Act
1948 No. 90, 1948 21 Dec 1948 1 July 1949 (see
Gazette 1949, p.
1897)
Statute Law Revision Act
1950 No. 80, 1950 16 Dec 1950 31 Dec 1950
River Murray Waters Act
1954 No. 80, 1954 18 Nov 1954 7 April 1955 (see
Gazette 1955, p.
1145)
River Murray Waters Act
1958 No. 82, 1958 10 Oct 1958 6 Nov 1958 (see
Gazette 1958, p.
3657)
River Murray Waters Act
1963 No. 98, 1963 1 Nov 1963 30 April 1964 (see
Gazette 1964, p.
1569)
Statute Law Revision
(Decimal Currency) Act
1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
River Murray Waters Act
1970 No. 6, 1970 1 May 1970 30 Mar 1972 (see
Gazette 1972, No.
25, p. 1)
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
----------------------------------------------------------------------------

The River Murray Waters Act 1920 was also designed to amend the River Murray Waters Act 1915 but was repealed without the date of commencement having been proclaimed.
2.-S. 2-For sections of amending Acts corresponding to this section, see Acts No. 20, 1923, s. 2; No. 11, 1934, s. 2; No. 90, 1948, s. 2; No. 80, 1954, s. 3; No. 82, 1958, s. 3; No. 98, 1963, s. 3; and No. 6, 1970, s. 3.
3.-S. 5-This section was amended by section 6 of the River Murray Waters Act 1934. Section 8 of that Act provides as follows:

''8. The amendments effected by sections six and seven of this Act shall be deemed to have taken effect on the thirty-first day of January, One thousand nine hundred and seventeen.''
4.-S. 20-This section was amended by section 7 of the River Murray Waters Act 1934. Section 8 of that Act provides as follows:

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