Water Amendment Regulations 2008 (No. 3)1
Select Legislative Instrument 2008 No. 285
I, QUENTIN BRYCE, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Water Act 2007.
Dated 12 December 2008
QUENTIN BRYCE
Governor‑General
By Her Excellency’s Command
PENELOPE YING YEN WONG
1 Name of Regulations
These Regulations are the Water Amendment Regulations 2008 (No. 3).
2 Commencement
These Regulations commence immediately after the commencement of Schedule 1 to the Water Amendment Act 2008.
3 Amendment of Water Regulations 2008
Schedule 1 amends the Water Regulations 2008.
(regulation 3)
[1] After Part 10
insert
Part 10A Transitional matters relating to former MDB Agreement
Division 10A.1 Preliminary
10A.01 Purposes of Part
This Part provides for transitional matters relating to the former MDB Agreement and is made under Part 10A of the Act.
10A.02 References to various persons or bodies
In this Part, if a regulation mentions any of the following persons or bodies as being referred to in an instrument made before the commencement of Part 10A of the Act, the reference includes a reference to the person or body however described:
(a) the Murray–Darling Basin Commission;
(b) the former Murray–Darling Basin Ministerial Council;
(c) a State Contracting Government or a Contracting Government.
Division 10A.2 General — effect on instruments and things done
Subdivision 10A.2.1 References in certain instruments to Murray–Darling Basin Commission etc
10A.03 Effect on certain transitional instruments
(1) For subsection 239N (2) of the Act, a transitional instrument of a kind mentioned in column 2 of an item in the following table is specified.
(2) For subsection 239N (3) of the Act, a transitional instrument of a kind mentioned in column 2 of an item in the following table has effect as if references in the instrument to a person or body mentioned in column 3 of the item were references to the person or body mentioned in column 4 of the item.
Item | Transitional instrument specified for s 239N (2) of Act | Person or body referred to in instrument | New reference for that person or body |
1 | A resolution made by the Murray–Darling Basin Commission determining a water level for the purposes of the definition of minimum operating level in clause 2 of the former MDB Agreement | the Murray–Darling Basin Commission | the Murray–Darling Basin Ministerial Council |
2 | A resolution made by the Murray–Darling Basin Commission excepting an effluent or an anabranch for the purposes of paragraph (c) of the definition of upper River Murray in clause 2 of the former MDB Agreement | the Murray–Darling Basin Commission | the Murray–Darling Basin Ministerial Council |
3 | A resolution made by the former Murray–Darling Basin Ministerial Council granting approval for a tender under subclause 54 (1) of the former MDB Agreement | the former Murray–Darling Basin Ministerial Council | the Authority |
4 | A resolution made by the Murray–Darling Basin Commission determining how the proceeds from the disposal of surplus assets are to be paid or distributed under subclause 77 (2) of the former MDB Agreement | the Murray–Darling Basin Commission | the Basin Officials Committee |
5 | A resolution made by the Murray–Darling Basin Commission determining an alternative quantity of River Murray water for dilution and losses per month, or an additional quantity for dilution, under paragraphs 86 (b) and (c) of the former MDB Agreement | the Murray–Darling Basin Commission | the Murray–Darling Basin Ministerial Council |
6 | A resolution made by the Murray–Darling Basin Commission approving a tributary or outfall under paragraph 91 (1) (d) of the former MDB Agreement | the Murray–Darling Basin Commission | the Murray–Darling Basin Ministerial Council |
7 | A resolution made by the Murray–Darling Basin Commission making a determination about releases from, or amounts of water in, the Menindee Lakes Storage under subclause 92 (3) of the former MDB Agreement | the Murray–Darling Basin Commission | the Murray–Darling Basin Ministerial Council |
8 | A resolution made by the Murray–Darling Basin Commission determining alternative limitations on the use of water under clause 94 of the former MDB Agreement | the Murray–Darling Basin Commission | the Murray–Darling Basin Ministerial Council |
9 | A resolution made by the Murray–Darling Basin Commission determining an alternative formula for determining the minimum reserve under subclause 100 (2) of the former MDB Agreement | the Murray–Darling Basin Commission | the Murray–Darling Basin Ministerial Council |
10 | A resolution made by the Murray–Darling Basin Commission determining an alternative quantity of water to be the minimum reserve to be held in Lake Victoria under subclause 100 (4) of the former MDB Agreement | the Murray–Darling Basin Commission | the Murray–Darling Basin Ministerial Council |
11 | A resolution made by the Murray–Darling Basin Commission specifying a level for the operation of a power station under paragraph 115 (3) (b) of the former MDB Agreement | the Murray–Darling Basin Commission | the Murray–Darling Basin Ministerial Council |
12 | A resolution made by the Murray–Darling Basin Commission determining a higher level as the target capacity under paragraph 115 (4) (b) of the former MDB Agreement | the Murray–Darling Basin Commission | the Murray–Darling Basin Ministerial Council |
13 | A resolution made by the Murray–Darling Basin Commission determining a level under subclause 117 (1) of the former MDB Agreement | the Murray–Darling Basin Commission | the Murray–Darling Basin Ministerial Council |
14 | A resolution made by the Murray–Darling Basin Commission determining an alternative arrangement for attributing a water order to New South Wales and Victoria under subclause 121 (1) of the former MDB Agreement | the Murray–Darling Basin Commission | the Murray–Darling Basin Ministerial Council |
15 | An agreement or resolution in relation to the Required Annual Release Shortfall in a Water Year during which a period of special accounting is in effect under Table One of subclause 13 (1) of Schedule G to the former MDB Agreement | the Murray–Darling Basin Commission | the Murray–Darling Basin Ministerial Council |
10A.04 Certain instruments not being continued under transitional arrangements
A transitional instrument specified in column 2 of an item in the following table is specified for the purposes of subsection 239N (2) of the Act.
Item | Transitional instrument |
1 | A contract of employment entered into by the Murray–Darling Basin Commission with an employee of the Commission under paragraph 17 (4) (a) or 36 (a) of the former MDB Agreement |
2 | A novation agreement under paragraph 17 (4) (a) of the former MDB Agreement between the Murray–Darling Basin Commission, the Authority and an employee of the Commission |
3 | An appointment to the Murray–Darling Basin Commission under clause 20 of the former MDB Agreement |
4 | A resolution made by the Murray–Darling Basin Commission determining its procedure under subclause 32 (9) of the former MDB Agreement |
5 | A resolution made by the Murray–Darling Basin Commission delegating any of its powers under subclause 34 (1) of the former MDB Agreement |
6 | A resolution made by the Murray–Darling Basin Commission initiating a proposal for works or measures under subclause 39 (4) of the former MDB Agreement |
7 | A resolution made by the former Murray–Darling Basin Ministerial Council under subclause 51 (2) of the former MDB Agreement, consenting to meeting, or contributing to, the costs of, or associated with, ancillary, preventative and remedial works |
8 | A resolution made by the Murray–Darling Basin Commission or the former Murray–Darling Basin Ministerial Council that approves the obtaining of financial accommodation under subclause 67 (1) of the former MDB Agreement |
9 | A resolution made by the former Murray–Darling Basin Ministerial Council approving funds to be available for expenditure in the subsequent financial year under paragraph 75 (1) (a) of the former MDB Agreement |
10 | A resolution made by the Murray–Darling Basin Commission in relation to estimated baseline conditions under subclause 5 (3) of Schedule C to the former MDB Agreement |
10A.05 Effect on Intergovernmental Agreement
(1) For subsection 239N (2) of the Act, the Intergovernmental Agreement on Addressing Water Overallocation and Achieving Environmental Objectives in the Murray–Darling Basin of 25 June 2004 is specified.
(2) For subsection 239N (3) of the Act, the Intergovernmental Agreement has effect as if:
(a) a reference in the Intergovernmental Agreement to the Murray–Darling Basin Commission were a reference to the Authority; and
(b) a reference in the Intergovernmental Agreement to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council, except in clause 3 of the Intergovernmental Agreement; and
(c) a reference in the Intergovernmental Agreement to the Contracting Governments under the former MDB Agreement were a reference to the Contracting Governments under the Agreement.
10A.06 Effect on Supplementary Intergovernmental Agreement
(1) For subsection 239N (2) of the Act, the Supplementary Intergovernmental Agreement on Addressing Water Overallocation and Achieving Environmental Objectives in the Murray–Darling Basin of 14 July 2006 is specified.
(2) For subsection 239N (3) of the Act, the Supplementary Intergovernmental Agreement has effect as if:
(a) a reference in the Supplementary Intergovernmental Agreement to the Murray–Darling Basin Commission were a reference to the Authority, except in clause 1 of the Supplementary Intergovernmental Agreement; and
(b) a reference in the Supplementary Intergovernmental Agreement to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(c) a reference in the Supplementary Intergovernmental Agreement to the Contracting Governments under the former MDB Agreement were a reference to the Contracting Governments under the Agreement.
Subdivision 10A.2.2 Things done under former MDB Agreement
10A.07 Effect of things done
(1) For subparagraph 239Q (1) (c) (i) of the Act, if:
(a) a thing is done before the commencement of Part 10A of the Act; and
(b) the thing is done under a provision of the former MDB Agreement mentioned in column 2 of an item in the following table;
then the provision of the Agreement mentioned in column 4 of that item is specified.
(2) For subparagraph 239Q (1) (c) (ii) of the Act, if the thing is done by, or in relation to, or pursuant to a resolution of a body or person mentioned in column 3 of an item in the following table, the body or person mentioned in column 5 of that item is specified.
Item | Thing done under a provision of former MDB Agreement | Who was the thing done by, or in relation to or pursuant to a resolution of | For s 239Q (1) (c) (i) of Act — provision of the Agreement specified to be the corresponding provision | For s 239Q (1) (c) (ii) of Act — body or person specified to be corresponding body or person to that mentioned in column 3 |
1 | Determination of a water level for the purposes of the definition of minimum operating level in clause 2 | the Murray–Darling Basin Commission | definition of minimum operating level in clause 2 | the Murray–Darling Basin Ministerial Council |
2 | Exception of an effluent or anabranch for the purposes of paragraph (c) of the definition of upper River Murray in clause 2 | the Murray–Darling Basin Commission | paragraph (c) of the definition of upper River Murray in clause 2 | the Murray–Darling Basin Ministerial Council |
3 | Authorisation of the construction, improvement, or replacement of works, work to remedy failure of works, or implementation of measures, under subclause 50 (1) | the former Murray–Darling Basin Ministerial Council | subclauses 56 (1) and (2) | the Murray–Darling Basin Ministerial Council |
4 | Nomination of the responsible Contracting Government under subclause 50 (5) | the former Murray–Darling Basin Ministerial Council | subclause 56 (5) | the Murray–Darling Basin Ministerial Council |
5 | Granting of approval for a tender under subclause 54 (1) | the former Murray–Darling Basin Ministerial Council | subclause 60 (2) | the Authority |
6 | Determination of how the proceeds from the disposal of surplus assets are to be paid or distributed under subclause 77 (2) | the Murray–Darling Basin Commission | subclause 82 (2) | the Basin Officials Committee |
7 | Determination of an alternative quantity for dilution and losses per month, or an additional quantity for dilution, under paragraphs 86 (b) and (c) | the Murray–Darling Basin Commission | paragraphs 88 (b) and (c) | the Murray–Darling Basin Ministerial Council |
8 | Requesting that the Murray–Darling Basin Commission vary a monthly quantity for a specified sequence of months under clause 88 | the Commissioner for South Australia | clause 90 | the Committee member for South Australia |
9 | Approval of a tributary or outfall under paragraph 91 (1) (d) | the Murray–Darling Basin Commission | paragraph 94 (1) (d) | the Murray–Darling Basin Ministerial Council |
10 | Determination about releases from, or amounts of water in, the Menindee Lakes Storage under subclause 92 (3) | the Murray–Darling Basin Commission | subclause 95 (3) | the Murray–Darling Basin Ministerial Council |
11 | Determination of alternative limitations on use of water under clause 94 | the Murray–Darling Basin Commission | clause 97 | the Murray–Darling Basin Ministerial Council |
12 | Determination of an alternative formula for determining the minimum reserve under subclause 100 (2) | the Murray–Darling Basin Commission | subclause 103 (2) | the Murray–Darling Basin Ministerial Council |
13 | Determination of an alternative quantity of water from the minimum reserve to be held in Lake Victoria under subclause 100 (4) | the Murray–Darling Basin Commission | subclause 103 (4) | the Murray–Darling Basin Ministerial Council |
14 | Specification of a level for the operation of a power station under paragraph 115 (3) (b) | the Murray–Darling Basin Commission | paragraph 116 (3) (b) | the Murray–Darling Basin Ministerial Council |
15 | Determination of a higher level as the target capacity under paragraph 115 (4) (b) | the Murray–Darling Basin Commission | paragraph 116 (4) (b) | the Murray–Darling Basin Ministerial Council |
16 | Determination of a level under subclause 117 (1) | the Murray–Darling Basin Commission | subclause 118 (1) | the Murray–Darling Basin Ministerial Council |
17 | Determination of an alternative arrangement for attributing a water order to New South Wales and Victoria under subclause 121 (1) | the Murray–Darling Basin Commission | subclause 122 (1) | the Murray–Darling Basin Ministerial Council |
18 | Making a request to the former Murray–Darling Basin Ministerial Council for amendment of an End‑of‑Valley Target under subclause 9 (2) of Schedule C | a State Contracting Government | subclause 9 (2) of Schedule B | the corresponding State Contracting Government |
19 | Agreeing under subclause 23 (1) of Schedule C | a Contracting Government | subclause 23 (1) of Schedule B | the corresponding Contracting Government |
20 | Making a report by a State Contracting Government under subclause 33 (1) of Schedule C | a State Contracting Government | subclause 33 (1) of Schedule B | the corresponding State Contracting Government |
21 | Auditing by independent auditors under subclause 34 (3) of Schedule C | the independent auditors | subclause 34 (3) of Schedule B | the independent auditors |
22 | Preparation of a report of findings and recommendations under subclause 34 (5) of Schedule C | the independent auditors | subclause 34 (5) of Schedule B | the independent auditors |
23 | Reviewing a model or proposal of amendment to a model under clause 39 of Schedule C | a State Contracting Government | subclause 39 (1) of Schedule B | the corresponding State Contracting Government |
24 | Reporting to the former Murray–Darling Basin Ministerial Council under clause 46 of Schedule C | a State Contracting Government | clause 46 of Schedule B | the corresponding State Contracting Government |
25 | Addition or subtraction of an amount under subclause 9 (2) of Schedule E | the Murray–Darling Basin Commission | subclause 9 (2) of Schedule D | the Murray–Darling Basin Ministerial Council |
26 | Auditing under subclause 15 (1) of Schedule F | the Independent Audit Group appointed under Schedule F to the former MDB Agreement | subclause 15 (1) of Schedule E | the Independent Audit Group appointed under Schedule E to the Agreement |
27 | Determination under paragraph 17 (2) (a) of Schedule F | the Independent Audit Group appointed under Schedule F to the former MDB Agreement | paragraph 17 (2) (a) of Schedule E | the Independent Audit Group appointed under Schedule E to the Agreement |
28 | Reporting to the former Murray–Darling Basin Ministerial Council under subclause 19 (1) of Schedule F | the Government of a State | subclause 19 (1) of Schedule E | the Government of the corresponding State
|
29 | Agreement or disagreement by Victoria to the Required Annual Release Shortfall in a Water Year during which a period of special accounting is not in effect under Table One of subclause 13 (1) of Schedule G | Victoria | Table One of subclause 13 (1) of Schedule F | Victoria |
30 | Agreement or disagreement in relation to the Required Annual Release Shortfall in a Water Year during which a period of special accounting is in effect under Table One of subclause 13 (1) of Schedule G | the Murray–Darling Basin Commission | Table One of subclause 13 (1) of Schedule F | the Murray–Darling Basin Ministerial Council |
31 | Engagement of an independent auditor by New South Wales under subclause 27 (4) of Schedule G | New South Wales | subclause 26 (4) of Schedule F | New South Wales |
Division 10A.3 Other transitional matters
10A.08 Business continuity
(1) This regulation operates subject to clause 32 of the Agreement.
(2) For subsection 239W (1) of the Act, after the commencement of Part 10A of the Act, the Authority must perform its functions and exercise its powers consistently with:
(a) all resolutions made by the Murray–Darling Basin Commission that were in force immediately before the commencement of Part 10A of the Act; and
(b) all directions from the former Murray–Darling Basin Ministerial Council that were in force immediately before the commencement of Part 10A of the Act.
(3) Subregulation (2) applies in relation to a matter covered by such a resolution or such a direction until the Authority otherwise determines by resolution.
(4) If:
(a) the Authority proposes to make a resolution referred to in subregulation (3); and
(b) the resolution will be inconsistent with a direction mentioned in paragraph (2) (b);
then the Authority must notify the Murray–Darling Basin Ministerial Council of the proposed resolution before the resolution is made.
(5) If:
(a) the Authority makes a resolution referred to in subregulation (3); and
(b) the resolution is inconsistent with a direction mentioned in paragraph (2) (b); and
(c) the Authority did not notify the Murray–Darling Basin Ministerial Council of the resolution as required under subregulation (4);
then the Authority must notify the Murray–Darling Basin Ministerial Council of the resolution as soon as practicable after becoming aware of the failure to notify.
(6) If the Authority fails to give a notice under subregulation (4) or (5) about a resolution, the failure does not invalidate the resolution.
10A.09 Clause 10 of former MDB Agreement
For subsections 239N (2) and 239Q (4) of the Act, a direction given by the former Murray–Darling Basin Ministerial Council under clause 10 of the former MDB Agreement to the Murray–Darling Basin Commission is specified.
10A.10 Paragraph 14 (1) (b) of former MDB Agreement
(1) This regulation is made under subsection 239W (1) of the Act.
(2) The Living Murray Community Reference Group, appointed by the former Murray–Darling Basin Ministerial Council under paragraph 14 (1) (b) of the former MDB Agreement, continues in existence after the commencement of Part 10A of the Act as if the Community Reference Group had been appointed by the Murray–Darling Basin Ministerial Council under subclause 15 (1) of the Agreement.
(3) After the commencement of Part 10A of the Act, the terms of reference of the Community Reference Group have effect as if:
(a) a reference in the terms of reference to the Murray–Darling Basin Commission were a reference to the Authority; and
(b) a reference in the terms of reference to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(c) a reference in the terms of reference to the Community Advisory Committee were a reference to the Basin Community Committee.
10A.11 Clause 34 of former MDB Agreement
(1) This regulation is made under subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act, the Murray–Darling Basin Commission delegated, under clause 34 of the former MDB Agreement, any of its powers to a person; and
(b) either:
(i) an instrument made by the delegate under the delegation was in effect immediately before the commencement of Part 10A of the Act; or
(ii) a thing done by the delegate under the delegation was in effect immediately before the commencement of Part 10A of the Act.
(3) The instrument made by the delegate under the delegation is taken to be a transitional instrument for the purposes of section 239N of the Act as if it were an instrument made by the Murray–Darling Basin Commission.
(4) The thing done by the delegate under the delegation is taken to be a thing been done by the Murray–Darling Basin Commission for the purposes of section 239Q of the Act.
10A.12 Paragraph 42 (2) (a) of former MDB Agreement
(1) For subsection 239N (2) of the Act, a resolution made by the Murray–Darling Basin Commission informing the former Murray–Darling Basin Ministerial Council of a proposed system or means for monitoring or measuring under paragraph 42 (2) (a) of the former MDB Agreement is specified.
(2) For subsection 239N (3) of the Act, the resolution has effect after the commencement of Part 10A of the Act as if:
(a) a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and
(b) a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Basin Officials Committee.
(3) For subparagraph 239Q (1) (c) (i) of the Act, paragraph 46 (2) (a) of the Agreement is specified as the provision corresponding to paragraph 42 (2) (a) of the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to paragraph 46 (2) (a) of the Agreement:
(a) the Authority is specified as the body corresponding to the Murray–Darling Basin Commission; and
(b) the Basin Officials Committee is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
10A.13 Subclause 50 (2) of former MDB Agreement
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council had determined by resolution an alternative amount under subclause 50 (2) of the former MDB Agreement; and
(b) the resolution was in effect immediately before that commencement.
(3) For subparagraph 239Q (1) (c) (i) of the Act, subclause 56 (3) of the Agreement is specified as the provision corresponding to subclause 50 (2) of the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii), in relation to subclause 56 (3) of the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
(5) For subsection 239W (1) of the Act, after the commencement of Part 10A of the Act, the resolution has effect as if:
(a) a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and
(b) a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(c) a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.
10A.14 Subclause 51 (2) of former MDB Agreement
(1) This regulation is made under subsection 239W (1) of the Act.
(2) If:
(a) before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council consented to contributing to or meeting costs under subclause 51 (2) of the former MDB Agreement; and
(b) immediately before the commencement of Part 10A of the Act, the consent was in force;
then, after the commencement of Part 10A of the Act, the Murray–Darling Basin Ministerial Council is taken to have approved the Authority contributing to or meeting those costs as part of a budget under the corporate plan referred to in paragraph 239S (1) (a) of the Act.
10A.15 Subclause 54 (1) of former MDB Agreement
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council had determined by resolution an alternative amount under subclause 54 (1) of the former MDB Agreement; and
(b) the resolution was in effect immediately before that commencement.
(3) For subparagraph 239Q (1) (c) (i) of the Act, subclause 60 (2) of the Agreement is specified as the provision corresponding to subclause 54 (1) of the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii), in relation to subclause 60 (2) of the Agreement, the Authority is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
(5) For subsection 239W (1) of the Act, after the commencement of Part 10A of the Act, the resolution has effect as if a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Authority.
10A.16 Subclauses 55 (1) and (2) of former MDB Agreement
(1) This regulation is made under subsection 239W (1) of the Act.
(2) During the transition period, subclauses 55 (1) and (2) of the former MDB Agreement continue in force as if:
(a) a reference to the Murray–Darling Basin Commission were a reference to the Authority; and
(b) a reference to the former MDB Agreement or the Agreement it replaced were a reference to the Agreement or the former MDB Agreement.
(3) In this regulation, transition period means the period beginning on the commencement of this Part and ending on whichever of the following occurs first:
(a) the day that any amendment to the corporate plan that was continued under section 239S of the Act is approved by the Murray–Darling Basin Ministerial Council under paragraph 35 (3) (a) of the Agreement;
(b) the day that the Murray–Darling Basin Ministerial Council approves a corporate plan under paragraph 34 (6) (a) of the Agreement.
10A.17 Clause 65 of former MDB Agreement — investigations, construction and administration costs
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council made a determination by resolution under paragraph (f) of the definition of investigations, construction and administration costs in clause 65 of the former MDB Agreement that a special action is such a cost; and
(b) the resolution is in effect immediately before the commencement of Part 10A of the Act.
(3) For subparagraph 239Q (1) (c) (i) of the Act, paragraph (f) of the definition of investigations, construction and administration costs in clause 71 of the Agreement is specified as the provision corresponding to paragraph (f) of the definition of investigations, construction and administration costs in clause 65 of the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to paragraph (f) of the definition of investigations, construction and administration costs in clause 71 of the Agreement, the Authority is specified as the corresponding body to the former Murray–Darling Basin Ministerial Council.
(5) For subsection 239W (1) of the Act, after the commencement of Part 10A of the Act, the resolution continues to have effect as if a reference to the former Murray–Darling Basin Ministerial Council were a reference to the Authority.
10A.18 Clause 65 of former MDB Agreement — operation and maintenance costs
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council made a determination by resolution under paragraph (e) of the definition of operation and maintenance costs in clause 65 of the former MDB Agreement that a special action is such a cost; and
(b) the resolution is in effect immediately before the commencement of Part 10A of the Act.
(3) For subparagraph 239Q (1) (c) (i) of the Act, paragraph (e) of the definition of operation and maintenance costs in clause 71 of the Agreement is specified as the provision corresponding to paragraph (e) of the definition of operation and maintenance costs in clause 65 of the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to paragraph (e) of the definition of operation and maintenance costs in clause 71 of the Agreement, the Authority is specified as the corresponding body to the former Murray–Darling Basin Ministerial Council.
(5) For subsection 239W (1) of the Act, after commencement of Part 10A of the Act, the resolution continues to have effect as if a reference to the former Murray–Darling Basin Ministerial Council were a reference to the Authority.
10A.19 Subclause 66 (1) of former MDB Agreement
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council determined by resolution under subclause 66 (1) of the former MDB Agreement the contribution to be made by a State or Territory, or the form of contribution to be made by the State or Territory; and
(b) the resolution is in effect immediately before the commencement of Part 10A of the Act.
(3) For subparagraph 239Q (1) (c) (i) of the Act, subclause 72 (1) of the Agreement is specified as the provision corresponding to subclause 66 (1) of the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 72 (1) of the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
(5) For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:
(a) a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and
(b) a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(c) a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.
10A.20 Subclause 66 (2) of former MDB Agreement
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council made a determination by resolution under subclause 66 (2) of the former MDB Agreement of the proportion of services attributable to each State Contracting Government; and
(b) the resolution is in effect immediately before the commencement of Part 10A of the Act.
(3) For subparagraph 239Q (1) (c) (i) of the Act, subclause 72 (2) of the Agreement is specified as the provision corresponding to subclause 66 (2) of the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 72 (2) of the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
(5) For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:
(a) a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and
(b) a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(c) a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.
10A.21 Subclauses 66 (3), (4) and (5) of former MDB Agreement
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council made a decision or a determination by resolution under subclause 66 (3), (4) or (5) of the former MDB Agreement; and
(b) the resolution is in effect immediately before the commencement of Part 10A of the Act.
(3) For subparagraph 239Q (1) (c) (i) of the Act, subclauses 72 (3), (4) and (5) of the Agreement are specified as the provisions corresponding to subclauses 66 (3), (4) and (5) of the former MDB Agreement respectively.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclauses 72 (3), (4) and (5) of the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
(5) For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:
(a) a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and
(b) a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(c) a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.
10A.22 Subclause 67 (2) of former MDB Agreement
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council determined by resolution under subclause 67 (2) of the former MDB Agreement an annuity contribution; and
(b) the resolution is in effect immediately before the commencement of Part 10A of the Act.
(3) For subparagraph 239Q (1) (c) (i) of the Act, subclause 73 (1) of the Agreement is specified as the provision corresponding to subclause 67 (2) of the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 73 (1) of the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
(5) For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:
(a) a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and
(b) a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(c) a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.
10A.23 Clause 83 of former MDB Agreement
(1) This regulation is made under subsection 239W (1) of the Act.
(2) If:
(a) a payment was made by a Contracting Government before the commencement of Part 10A of the Act; and
(b) the payment was made under clause 83 of the former MDB Agreement in respect of payments made as compensation for damage by a Constructing Authority;
then, after that commencement, the payment continues to have effect as if it were a payment of a type described in clause 84 of the Agreement.
(3) If, immediately before the commencement of Part 10A of the Act, a Contracting Government is required to make a payment under clause 83 of the former MDB Agreement in respect of payments made as compensation for damage by a Constructing Authority then, after that commencement, that requirement continues in effect as if it were a requirement under clause 84 of the Agreement.
(4) If, after the commencement of Part 10A of the Act, a Constructing Authority made a payment of a kind mentioned in clause 83 of the former MDB Agreement in relation to damage that occurred before that commencement, then that payment has effect as if the payment were a payment by a Constructing Authority referred to in paragraph 84 (a) of the Agreement.
10A.24 Clause 84 of former MDB Agreement
(1) This regulation is made under subsection 239W (1) of the Act.
Annual report and audited financial statements for 2007–2008
(2) If, before the commencement of Part 10A of the Act, the Murray–Darling Basin Commission had not sent to the former Murray–Darling Basin Ministerial Council:
(a) a report under paragraph 84 (1) (a) of the former MDB Agreement for the 2007–2008 financial year; and
(b) audited financial statements under paragraph 84 (1) (b) of the former MDB Agreement for the 2007–2008 financial year;
the Authority must as soon as practicable:
(c) complete the report and audited financial statements; and
(d) send them to the Murray–Darling Basin Ministerial Council.
Annual report and audited financial statements for 2008–2009 — relating to Commission
(3) Separate to the Authority’s first report under clause 85 of the Agreement, after the commencement of Part 10A of the Act, the Authority must prepare a report and audited financial statements for so much of the 2008–2009 financial year that occurs before the commencement of Part 10A of the Act.
(4) The report and audited financial statements referred to in subregulation (3) must be prepared:
(a) in accordance with subclause 84 (1) of the former MDB Agreement; and
(b) at the same time as the Authority’s first report under clause 85 of the Agreement is prepared.
(5) For paragraph (4) (a), clause 84 of the former MDB Agreement continues in effect as if a reference to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council.
Signatures by Contracting Government representatives
(6) The reports and audited financial statements referred to in subregulations (2) and (3) must be approved and signed by a representative of each of the Contracting Governments to the former MDB Agreement.
10A.25 Clause 105 of former MDB Agreement
(1) For subsection 239N (2) of the Act, an approval by resolution under subclause 105 (1) of the former MDB Agreement is specified.
(2) For subsection 239N (3) of the Act, the resolution has effect after the commencement of Part 10A of the Act as if:
(a) a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Murray–Darling Basin Ministerial Council; and
(b) a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.
(3) For subparagraph 239Q (1) (c) (i) of the Act, subclause 108 (1) of the Agreement is specified as the provision corresponding to subclause 105 (1) of the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 108 (1) of the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the Murray–Darling Basin Commission.
10A.26 Clause 106 of former MDB Agreement
(1) For subsection 239N (2) of the Act, a resolution determining that a Contracting Government under the former MDB Agreement is not deemed to have used a quantity of water under clause 106 of the former MDB Agreement is specified.
(2) For subsection 239N (3) of the Act, the resolution has effect after the commencement of Part 10A of the Act as if:
(a) a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Murray–Darling Basin Ministerial Council; and
(b) a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.
(3) For subparagraph 239Q (1) (c) (i) of the Act, paragraph 109 (a) of the Agreement is specified as the provision corresponding to clause 106 of the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to paragraph 109 (a) of the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the Murray–Darling Basin Commission.
10A.27 Subclause 108 (2) of former MDB Agreement
(1) For subsection 239N (2) of the Act, a resolution under subclause 108 (2) of the former MDB Agreement determining that losses of water are not deemed to have been used by New South Wales or Victoria in the proportions referred to in that subclause is specified.
(2) For subsection 239N (3) of the Act, the resolution has effect after the commencement of Part 10A of the Act as if:
(a) a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Murray–Darling Basin Ministerial Council; and
(b) a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.
(3) For subparagraph 239Q (1) (c) (i) of the Act, subclause 110 (2) of the Agreement is specified as the provision corresponding to subclause 108 (2) of the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 110 (2) of the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the Murray–Darling Basin Commission.
10A.28 Subclause 111 (1) of former MDB Agreement
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act, an agreement of a kind referred to in subclause 111 (1) of the former MDB Agreement was made; and
(b) the agreement was in effect immediately before the commencement of Part 10A of the Act.
(3) For subparagraph 239Q (1) (c) (i) of the Act, subclause 113 (1) of the Agreement is specified as the provision corresponding to subclause 111 (1) of the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 113 (1) of the Agreement, New South Wales and Victoria are specified as the persons corresponding to a Commissioner for New South Wales and a Commissioner for Victoria respectively.
(5) For subsection 239W (1) of the Act, the agreement continues to have effect after the commencement of Part 10A of the Act as if:
(a) a reference in the agreement to a Commissioner for New South Wales were a reference to New South Wales; and
(b) a reference in the agreement to a Commissioner for Victoria were a reference to Victoria; and
(c) a reference in the agreement to the Murray–Darling Basin Commission were a reference to the Authority; and
(d) a reference in the agreement to former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council.
10A.29 Paragraph 2 (1) (a) of Schedule C to former MDB Agreement — Strategy
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council, by resolution, adopted or amended the Basin Salinity Management Strategy 2001–2015 under the definition of Strategy in paragraph 2 (1) (a) of Schedule C to the former MDB Agreement; and
(b) immediately before the commencement of Part 10A of the Act, the resolution was in force.
(3) For subparagraph 239Q (1) (c) (i) of the Act, the definition of Strategy in paragraph 2 (1) (a) of Schedule B to the Agreement is specified as the definition corresponding to the definition of Strategy in paragraph 2 (1) (a) of Schedule C to the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to the definition of Strategy in paragraph 2 (1) (a) of Schedule B to the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
(5) For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:
(a) a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and
(b) a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(c) a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.
10A.30 Subclause 10 (2) of Schedule C to former MDB Agreement
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council decided by resolution that further Joint works or measures in relation to salinity levels were necessary, desirable or convenient under subclause 10 (2) of Schedule C to the former MDB Agreement; and
(b) immediately before the commencement of Part 10A of the Act, the resolution was in force.
(3) For subparagraph 239Q (1) (c) (i) of the Act, subclause 10 (2) of Schedule B to the Agreement is specified as the provision corresponding to subclause 10 (2) of Schedule C to the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 10 (2) of Schedule B to the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
(5) For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:
(a) a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and
(b) a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(c) a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.
10A.31 Clause 11 of Schedule C to former MDB Agreement
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council made a decision under clause 11 of Schedule C to the former MDB Agreement; and
(b) immediately before the commencement of Part 10A of the Act, the decision was in force.
(3) For subparagraph 239Q (1) (c) (i) of the Act, clause 11 of Schedule B to the Agreement is specified as the corresponding provision to clause 11 of Schedule C to the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to clause 11 of Schedule B to the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
(5) For subsection 239W (1) of the Act, the decision continues to have effect after the commencement of Part 10A of the Act as if:
(a) a reference in the decision to the Murray–Darling Basin Commission were a reference to the Authority; and
(b) a reference in the decision to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(c) a reference in the decision to a Contracting Government were a reference to a Contracting Government under the Agreement.
10A.32 Subclause 13 (2) of Schedule C to former MDB Agreement
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council made a determination by resolution under subclause 13 (2) of Schedule C to the former MDB Agreement; and
(b) immediately before the commencement of Part 10A of the Act, the resolution was in force.
(3) For subparagraph 239Q (1) (c) (i) of the Act, subclause 13 (2) of Schedule B to the Agreement is specified as the provision corresponding to subclause 13 (2) of Schedule C to the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 13 (2) of Schedule B to the Agreement, the Basin Officials Committee is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
(5) For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Basin Officials Committee.
10A.33 Clause 4 of Schedule D to former MDB Agreement
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council made a determination or a direction in relation to a determination under clause 4 of Schedule D to the former MDB Agreement; and
(b) immediately before the commencement of Part 10A of the Act, the determination or direction was in force.
(3) For subparagraph 239Q (1) (c) (i) of the Act, clause 39 of the Agreement is specified as the provision corresponding to clause 4 of Schedule D to the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to clause 39 of the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
(5) For subsection 239W (1) of the Act, the determination or direction continues to have effect after the commencement of Part 10A of the Act as if:
(a) a reference in the determination or direction to the Murray–Darling Basin Commission were a reference to the Authority; and
(b) a reference in the determination or direction to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(c) a reference in the determination or direction to a Contracting Government were a reference to a Contracting Government under the Agreement.
10A.34 Clause 7 of Schedule D to former MDB Agreement
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council made an affirmation or decision by resolution under clause 7 of Schedule D to the former MDB Agreement; and
(b) immediately before the commencement of Part 10A of the Act, the resolution was in force.
(3) For subparagraph 239Q (1) (c) (i) of the Act, clause 41 of the Agreement is specified as the provision corresponding to clause 7 of Schedule D to the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to clause 41 of the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
(5) For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:
(a) a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and
(b) a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(c) a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.
10A.35 Paragraph 2 (d) of Schedule E to former MDB Agreement
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council made a determination by resolution under paragraph 2 (d) of Schedule E to the former MDB Agreement; and
(b) immediately before the commencement of Part 10A of the Act, the resolution was in force.
(3) For subparagraph 239Q (1) (c) (i) of the Act, paragraph 2 (d) of Schedule D to the Agreement is specified as the provision corresponding to paragraph 2 (d) of Schedule E to the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to paragraph 2 (d) of Schedule D to the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
(5) For subsection 239W (1) of the Act, the determination continues to have effect after the commencement of Part 10A of the Act as if:
(a) a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and
(b) a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(c) a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.
10A.36 Subclause 3 (2) of Schedule E to former MDB Agreement
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council had made a determination by resolution under subclause 3 (2) of Schedule E to the former MDB Agreement; and
(b) that resolution is in effect immediately before the commencement of Part 10A of the Act.
(3) For subparagraph 239Q (1) (c) (i) of the Act, subclause 3 (2) of Schedule D to the Agreement is specified as the provision corresponding to subclause 3 (2) of Schedule E to the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 3 (2) of Schedule D to the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
(5) For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:
(a) a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and
(b) a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(c) a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.
10A.37 Subclause 5 (2) of Schedule E to former MDB Agreement
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council had made a resolution under subclause 5 (2) of Schedule E to the former MDB Agreement; and
(b) that resolution is in effect immediately before the commencement of Part 10A of the Act.
(3) For subparagraph 239Q (1) (c) (i) of the Act, subclause 5 (2) of Schedule D to the Agreement is specified as the provision corresponding to subclause 5 (2) of Schedule E to the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 5 (2) of Schedule D to the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
(5) For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:
(a) a reference in the resolution to Schedule E to the former MDB Agreement were a reference to Schedule D to the Agreement; and
(b) a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and
(c) a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(d) a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.
10A.38 Paragraph 13 (2) (b) of Schedule E to former MDB Agreement
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council had adopted, by resolution, principles under paragraph 13 (2) (b) of Schedule E to the former MDB Agreement; and
(b) that resolution is in effect immediately before the commencement of Part 10A of the Act.
(3) For subparagraph 239Q (1) (c) (i) of the Act, paragraph 13 (2) (b) of Schedule D to the Agreement is specified as the provision corresponding to paragraph 13 (2) (b) of Schedule E to the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to paragraph 13 (2) (b) of Schedule D to the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
(5) For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:
(a) a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and
(b) a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(c) a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.
10A.39 Subclause 13 (3) of Schedule E to former MDB Agreement
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council had made a resolution under subclause 13 (3) of Schedule E to the former MDB Agreement; and
(b) that resolution is in effect immediately before the commencement of Part 10A of the Act.
(3) For subparagraph 239Q (1) (c) (i) of the Act, subclause 13 (3) of Schedule D to the Agreement is specified as the provision corresponding to subclause 13 (3) of Schedule E to the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 13 (3) of Schedule D to the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
(5) For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:
(a) a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and
(b) a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(c) a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.
10A.40 Paragraph 14 (5) (a) of Schedule E to former MDB Agreement
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council had adopted a policy under paragraph 14 (5) (a) of Schedule E to the former MDB Agreement; and
(b) the adoption is still in effect immediately before that commencement.
(3) For subparagraph 239Q (1) (c) (i) of the Act, paragraph 14 (5) (a) of Schedule D to the Agreement is specified as the provision corresponding to paragraph 14 (5) (a) of Schedule E to the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii), in relation to paragraph 14 (5) (a) of Schedule D to the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
(5) For subsection 239W (1) of the Act, after the commencement of Part 10A of the Act, the adoption has effect as if:
(a) a reference in the adopted policy to the Murray–Darling Basin Commission were a reference to the Authority; and
(b) a reference in the adopted policy to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(c) a reference in the adopted policy to a Contracting Government were a reference to a Contracting Government under the Agreement.
10A.41 Subclause 5 (2) of Schedule F to former MDB Agreement
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council had made a determination by resolution under subclause 5 (2) of Schedule F to the former MDB Agreement; and
(b) that resolution is in effect immediately before the commencement of Part 10A of the Act.
(3) For subparagraph 239Q (1) (c) (i) of the Act, subclause 5 (2) of Schedule E to the Agreement is specified as the provision corresponding to subclause 5 (2) of Schedule F to the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii), in relation to subclause 5 (2) of Schedule F to the former MDB Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
(5) For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:
(a) a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and
(b) a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(c) a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.
10A.42 Subclause 6 (2) of Schedule F to former MDB Agreement
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council had made a determination by resolution under subclause 6 (2) of Schedule F to the former MDB Agreement; and
(b) that resolution is in effect immediately before the commencement of Part 10A of the Act.
(3) For subparagraph 239Q (1) (c) (i) of the Act, subclause 6 (2) of Schedule E to the Agreement is specified as the provision corresponding to subclause 6 (2) of Schedule F to the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii), in relation to subclause 6 (2) of Schedule E to the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
(5) For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:
(a) a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and
(b) a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(c) a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.
10A.43 Subclause 7 (2) of Schedule F to former MDB Agreement
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council had made a determination by resolution under subclause 7 (2) of Schedule F to the former MDB Agreement; and
(b) that resolution is in effect immediately before the commencement of Part 10A of the Act.
(3) For subparagraph 239Q (1) (c) (i) of the Act, subclause 7 (2) of Schedule E to the Agreement is specified as the provision corresponding to subclause 7 (2) of Schedule F to the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii), in relation to subclause 7 (2) of Schedule E to the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
(5) For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:
(a) a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and
(b) a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(c) a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.
10A.44 Subclause 10 (1) of Schedule F to former MDB Agreement — protocols
For subsection 239W (1) of the Act, if:
(a) a protocol was made under subclause 10 (1) of Schedule F to the former MDB Agreement by the former Murray–Darling Basin Ministerial Council; and
(b) the protocol is still in force immediately before the commencement of Part 10A of the Act;
then, after the commencement of Part 10A of the Act, the protocol continues to have effect as if it had been made by the Murray–Darling Basin Ministerial Council under subclause 10 (1) of Schedule E to the Agreement.
10A.45 Subclause 10 (1) of Schedule F to former MDB Agreement — resolutions
(1) For subsection 239N (2) of the Act, a resolution of the Murray–Darling Basin Commission under subclause 10 (1) of Schedule F to the former MDB Agreement is specified.
(2) For subsection 239N (3) of the Act, the resolution has effect after the commencement of Part 10A of the Act as if:
(a) a reference in the resolution to the Murray–Darling Basin Commission making a recommendation were a reference to the Basin Officials Committee; and
(b) a reference in the resolution to the Murray–Darling Basin Commission in any capacity other than making a recommendation were a reference to the Authority; and
(c) a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(d) a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.
(3) For subparagraph 239Q (1) (c) (i) of the Act, subclause 10 (1) of Schedule E to the Agreement is specified as the provision corresponding to subclause 10 (1) of Schedule F to the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 10 (1) of Schedule E to the Agreement:
(a) the Basin Officials Committee is specified as the body corresponding to the Murray–Darling Basin Commission in its role of making a recommendation to the former Murray–Darling Basin Ministerial Council; and
(b) the Authority is specified as the body corresponding to the Murray–Darling Basin Commission in any of its capacities other than that mentioned in paragraph (a); and
(c) the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
10A.46 Subclause 18 (2) of Schedule G to former MDB Agreement
(1) This regulation applies if, before the commencement of Part 10A of the Act, the Murray–Darling Basin Commission had been advised by New South Wales or Victoria of a calculation under subclause 18 (2) of Schedule G to the former MDB Agreement
(2) For subparagraph 239Q (1) (c) (i) of the Act, subclause 18 (2) of Schedule F to the Agreement is specified as the provision corresponding to subclause 18 (2) of Schedule G to the former MDB Agreement.
(3) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 18 (2) of Schedule F to the Agreement, both the Basin Officials Committee and the Authority are specified as bodies corresponding to the Murray–Darling Basin Commission.
10A.47 Subclause 18 (3) of Schedule G to former MDB Agreement
(1) For subsection 239N (2) of the Act, a resolution recommending that a Long Term Diversion Cap be amended under subclause 18 (3) of Schedule G to the former MDB Agreement is specified.
(2) For subsection 239N (3) of the Act, the resolution has effect after the commencement of Part 10A of the Act as if:
(a) a reference in the resolution to the Murray–Darling Basin Commission making a recommendation were a reference to the Basin Officials Committee; and
(b) a reference in the resolution to the Murray–Darling Basin Commission in any other capacity other than making a recommendation were a reference to the Authority; and
(c) a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(d) a reference in the resolution to a Contracting Government were a reference to the Contracting Government under the Agreement.
(3) For subparagraph 239Q (1) (c) (i) of the Act, subclause 18 (3) of Schedule F to the Agreement is specified as the provision corresponding to subclause 18 (3) of Schedule G to the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 18 (3) of Schedule F to the Agreement:
(a) the Basin Officials Committee is specified as the body corresponding to the Murray–Darling Basin Commission; and
(b) the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
10A.48 Subclause 18 (4) of Schedule G to former MDB Agreement
(1) For subsection 239N (2) of the Act, a resolution stating that the Murray–Darling Basin Commission is not satisfied under subclause 18 (4) of Schedule G to the former MDB Agreement is specified.
(2) For subsection 239N (3) of the Act, the resolution has effect after the commencement of Part 10A of the Act as if:
(a) a reference in the resolution to the Murray–Darling Basin Commission deciding on the appropriateness of a calculation advised under subclause 18 (2) of the former MDB Agreement were a reference to the Basin Officials Committee; and
(b) a reference in the resolution to the Murray–Darling Basin Commission arranging for the relevant volume referred to in subclause 18 (1) of the former MDB Agreement to be recalculated, or in a capacity other than that referred to in paragraph (a), were a reference to the Authority; and
(c) a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(d) a reference in the resolution to a Contracting Government were a reference to the Contracting Government under the Agreement.
(3) For subparagraph 239Q (1) (c) (i) of the Act, subclause 18 (4) of Schedule F to the Agreement is specified as the provision corresponding to subclause 18 (4) of Schedule G to the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 18 (4) of Schedule F to the Agreement:
(a) the Basin Officials Committee is specified as the body corresponding to the Murray–Darling Basin Commission in its role of deciding on the appropriateness of a calculation advised under subclause 18 (2) of Schedule G to the Agreement; and
(b) the Authority is specified as the body corresponding to the Murray–Darling Basin Commission in its role of arranging for the relevant volume referred to in subclause 18 (1) of Schedule G to the Agreement to be recalculated, or in a capacity other than that referred to in paragraph (a).
10A.49 Subclause 18 (5) of Schedule G to former MDB Agreement
(1) For subsection 239N (2) of the Act, a resolution recommending that a Long Term Diversion Cap be amended under subclause 18 (5) of Schedule G to the former MDB Agreement is specified.
(2) For subsection 239N (3) of the Act, the resolution has effect after the commencement of Part 10A of the Act as if:
(a) a reference in the resolution to the Murray–Darling Basin Commission making the recommendation were a reference to the Basin Officials Committee; and
(b) a reference in the resolution to the Murray–Darling Basin Commission in any other capacity other than making the recommendation were a reference to the Authority; and
(c) a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(d) a reference in the resolution to a Contracting Government were a reference to the Contracting Government under the Agreement.
(3) For subparagraph 239Q (1) (c) (i) of the Act, subclause 18 (5) of Schedule F to the Agreement is specified as the provision corresponding to subclause 18 (5) of Schedule G to the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 18 (5) of Schedule F to the Agreement:
(a) the Basin Officials Committee is specified as the body corresponding to the Murray–Darling Basin Commission in its role of making a recommendation to the former Murray–Darling Basin Ministerial Council; and
(b) the Authority is specified as the body corresponding to the Murray–Darling Basin Commission in any of its capacities other than that mentioned in paragraph (a); and
(c) the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
10A.50 Clause 6 of Schedule H to former MDB Agreement
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act the former Murray–Darling Basin Ministerial Council made a determination or a direction by resolution in relation to a determination under clause 6 of Schedule H to the former MDB Agreement; and
(b) immediately before the commencement of Part 10A of the Act, the resolution was in force.
(3) For subparagraph 239Q (1) (c) (i) of the Act, clause 39 of the Agreement is specified as the provision corresponding to clause 6 of Schedule H to the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to clause 39 of the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
(5) For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:
(a) a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and
(b) a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(c) a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.
10A.51 Paragraph 10 (4) (a) of Schedule H to former MDB Agreement
(1) This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.
(2) This regulation applies if:
(a) before the commencement of Part 10A of the Act the former Murray–Darling Basin Ministerial Council made a decision by resolution to adopt a proposal under paragraph 10 (4) (a) of Schedule H to the former MDB Agreement; and
(b) immediately before the commencement of Part 10A of the Act, the resolution was in force.
(3) For subparagraph 239Q (1) (c) (i) of the Act, paragraph 42 (4) (a) of the Agreement is specified as the provision corresponding to paragraph 10 (4) (a) of Schedule H to the former MDB Agreement.
(4) For subparagraph 239Q (1) (c) (ii) of the Act, in relation to paragraph 42 (4) (a) of the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.
(5) For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:
(a) a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and
(b) a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and
(c) a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.
10A.52 Things done under protocols made under Schedules to former MDB Agreement
For subsection 239W (1) of the Act, if:
(a) a thing was done before the commencement of this Part under a provision of a protocol made under a Schedule to the former MDB Agreement, by or in relation to, or pursuant to a resolution of, a State Contracting government or an agency of a State Contracting Government; and
(b) the thing still had effect immediately before that commencement; and
(c) the provision has a corresponding provision in a protocol taken to be made under a Schedule to the Agreement;
the thing done has effect from that commencement as if it had been done under the corresponding provision.
10A.53 References to River Murray Water in protocols made under Schedules to former MDB Agreement
For subsection 239W (1) of the Act, if:
(a) a protocol was made under a Schedule to the former MDB Agreement; and
(b) the protocol referred to River Murray Water (however described); and
(c) the protocol is still in force immediately before the commencement of Part 10A of the Act;
then, after the commencement of Part 10A of the Act, the protocol continues to have effect as if the reference were a reference to the Authority.
10A.54 Vesting of certain assets of Murray-Darling Basin Commission
For subsection 239W (1) of the Act, if the Murray-Darling Basin Commission holds any legal or equitable interest in weir no.5 Redbank or weir no.7 Maude immediately before the commencement of Part 10A of the Act, that interest vests in New South Wales after that commencement.
10A.55 Agreements between Contracting Governments
For subsection 239W (1) of the Act, if:
(a) before the commencement of Part 10A of the Act, 2 or more Contracting Governments made an agreement under a provision in the former MDB Agreement; and
(b) the agreement between the Contracting Governments is still in force immediately before the commencement of Part 10A of the Act; and
(c) the provision has a corresponding provision in the Agreement;
the agreement between the Contracting Governments has effect after that commencement as if it had been made under the corresponding provision.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.