South Australian Consolidated Acts South Australian Consolidated ActsSchedule 3—Border Groundwaters Agreement Amendment Agreement
AN
AGREEMENT made this 18 day of 10, Two thousand and five between—
THE STATE OF SOUTH AUSTRALIA of the first part and
THE STATE OF VICTORIA of the second part.
WHEREAS the South Australian and Victorian Governments wish to amend the
Agreement made between the parties on 15th October 1985 (which Agreement is
herein called “the principal agreement”), in order to provide the
necessary capacity and flexibility to effectively manage the shared
groundwater resources of western Victoria and the Mallee and south-eastern
South Australia.
NOW IT IS HEREBY AGREED as follows—
Interpretation.
1. Unless the contrary
intention appears, expressions used in this Agreement have the same meanings
as in the principal agreement except as amended by this Agreement.
Definitions.
2. (1) The following
definitions shall be inserted in place of those in clause 1 of the principal
agreement—
' “Bore” with respect to South Australia, means any well as
defined by section 3 of the Natural Resources Management Act 2004 and
with respect to Victoria, means any bore as defined by section 3 of the
Water Act 1989 , but in neither case includes any well or bore from which
water is extracted or proposed to be extracted for one or more of the
following purposes and for no other purposes—
(a)
household purposes;
(b)
watering animals kept for domestic and stock purposes; or
(c) the
irrigation of a garden not exceeding 0.4 hectares in extent used solely in
connection with a dwelling and from which no produce is sold.
"Granting authority" means—
(a) in
the case of South Australia, the Minister administering the
Natural Resources Management Act 2004 ; and
(b) in
the case of Victoria, the Minister administering the Water Act 1989 .
"Groundwater" with respect to South Australia means any underground water as
defined by section 3 of the Natural Resources Management Act 2004 and
with respect to Victoria means any groundwater as defined by section 3 of
the Water Act 1989 .
"Minister" with respect to South Australia means the Minister administering
the Natural Resources Management Act 2004 and with respect to Victoria
means the Minister administering the Water Act 1989 .
"Permissible annual volume" means the permissible annual volume of extraction
specified for a particular zone or aquifer within a zone in the Second
Schedule, or in relation to a particular zone or aquifer within a zone, such
other volume as has been determined by the Committee under clause 28(2).
"Permissible distance from the border between the State of South Australia and
the State of Victoria" means a distance of one kilometre from that border, or
in relation to a particular zone, sub-zone, or aquifer within a zone or
sub-zone, such other distance as has been determined by the Committee under
clause 28(2).
"Permit" means—
(a) any
licence provided for in section 146 of the South Australian
Natural Resources Management Act 2004 ;
(b) any
permit provided for in section 135 of the South Australian
Natural Resources Management Act 2004 ;
(c) any
licence provided for in Part 5 of the Victorian Water Act 1989 ;
(d) any
licence provided for in section 51 of the Victorian Water Act 1989 .'.
(2) The following
definition shall replace the definition “Permissible level of
salinity” in clause 1 of the principal agreement—
' "Permissible salinity" means—
(a) a
maximum rate of increase; and/or
(b) a
designated maximum level—
of salinity, measured as electro-conductivity of so many microsiemens per
centimetre at twenty-five degrees Celsius, that must not be exceeded as may be
agreed upon by the Minister of each Contracting Government for a particular
zone, sub-zone or aquifer within a zone or sub-zone, pursuant to
clause 28(6), or in relation to a particular zone, sub-zone or aquifer
within a zone or sub-zone, such other rate and/or level as has been agreed
upon by the Minister of each Contracting Government under clause
28 (4).’.
(3) The following two
definitions shall replace the definition of “Permissible rate of
potentiometric surface lowering” in clause 1 of the principal agreement.
The first definition shall be inserted immediately before the definition for
“Permissible salinity” and the second definition shall be inserted
immediately after the definition for “Permit”—
' "Permissible potentiometric surface lowering" means—
(a) a
rate set out in the Third Schedule or such other rate as has been agreed upon
by the Minister for each Contracting Government under clause 28(4),
and/or
(b) the
potentiometric surface level as agreed upon by the Minister of each
Contracting Government under clause 28(4).
"Potentiometric surface lowering" means—
(a) a
rate of potentiometric surface lowering that must not be exceeded, and/or
(b) a
potentiometric surface level that must not be exceeded—
for a particular zone, sub-zone or aquifer within a zone or sub zone.’.
(4) The following
additional terms shall be defined in clause 1 of the Agreement—
The following definition shall be inserted immediately before the definition
for “Aquifer”—
' “Allowable annual volume” means the allowable annual volume of
extraction specified for a particular sub zone or aquifer within a sub-zone as
has been determined by the Committee under clause 28(7).’.
The following definition shall be inserted immediately after the definition
for “Schedule” and immediately before the definition for
“Zone”—
' "Sub-zone" means a subdivision of a zone with boundaries determined by the
Committee under clause 28(7).’.
Approval.
3. (1) This Agreement,
other than clause 3(2), is subject to approval by the Parliaments of the
States of South Australia and Victoria; and shall come into effect when so
approved.
(2) The Contracting
Governments hereby agree to submit this Agreement for approval to the
respective Parliaments of the said States as soon as practicable after the
date of this Agreement.
Application of legislation.
4. The following
clause shall replace clause 25 in the principal agreement—
" 25. Subject to the
provisions of this Agreement—
(a) the
provisions of the South Australian Natural Resources Management Act 2004
and of regulations made thereunder shall apply to such portion of the State of
South Australia as is within the Designated Area;
(b) the
provisions of the Victorian Water Act 1989 and of regulations made thereunder
shall continue to apply to such portion of the State of Victoria as is within
the Designated Area—
and the provisions of those Acts and regulations shall respectively be applied
to—
(i)
all bores existing within the Designated Area at the date
of this Agreement;
(ii)
all applications to construct, deepen, enlarge or alter
bores or to extract water therefrom as are made after the date of this
Agreement; and
(iii)
any bores constructed, deepened, enlarged or altered or
from which water is extracted, after the date of this Agreement.”.
Management Prescriptions.
5. The following
clause shall replace clause 26 in the principal agreement—
" 26. (1) Subject to
clause 28 no application for a permit shall be granted and no permit
renewed—
(a) in
relation to the construction, deepening, enlarging or altering of any bore
which passes or will pass through two or more aquifers unless a condition is
attached to such permit which requires that an impervious seal be made and
maintained between such aquifers;
(b) in
relation to the construction, deepening, enlarging or altering of any bore, or
the extraction of water from any bore, in a particular zone, or aquifer within
a zone, where the effect of extracting water from that bore would be to exceed
the permissible annual volume for that particular zone, or aquifer within a
zone;
(c) in
relation to the construction, deepening, enlarging or altering of any bore, or
the extraction of water from any bore, in a particular zone, sub-zone or
aquifer within a zone or sub-zone if that bore is situated within, or proposed
to be situated within, a distance less than the permissible distance from the
border between the State of South Australia and the State of Victoria for that
zone, sub-zone or aquifer within a zone or sub-zone unless the Committee has
first considered the matter and determined that such application may be
granted or such permit may be renewed;
(d) in
relation to the construction, deepening, enlarging or altering of any bore, or
the extraction of water from any bore, where the bore is situated, or proposed
to be situated, in a particular sub-zone or aquifer within a sub-zone, where
the effect of extracting water from that bore would be to exceed the allowable
annual volume for a particular sub-zone or aquifer within a sub-zone.”.
6. The following
sub-clause shall be inserted immediately after clause 26(1) and immediately
before clause 27 in the principal agreement—
"(2) Subject to
clause 28—
(a) no
application for a permit shall be granted and no permit renewed; or
(b) a
period of restriction shall be declared subject to clause 29(3)—
where the potentiometric surface lowering has exceeded the permissible
potentiometric surface lowering in a particular zone, sub-zone or aquifer
within a zone or sub-zone over the preceding five years.”.
Preparation of reports.
7. The following
paragraph shall replace clause 27(1)(d) in the principal agreement—
"(d) details of the
potentiometric surface levels obtained from observation bores within each
particular zone, sub-zone or aquifer within a zone or sub-zone in the
preceding year ending on 30 June; and”.
8. The following
paragraph shall replace clause 27(1)(e) in the principal agreement—
"(e) the rate of
increase or level of salinity in such bores within a particular zone, sub-zone
or aquifer within a zone or sub-zone as shall be specified by the Committee in
the preceding year ending on 30 June.”.
9. The following
sub-clause shall replace clause 27(3) in the principal agreement—
"(3) In this clause
“Observation bore” with respect to South Australia, means any well
as defined by section 3 of the Natural Resources Management Act 2004 and
with respect to Victoria, means any bore as defined by section 3 of the Water
Act 1989 .”.
Powers of Review Committee.
10. The following
sub-clause shall replace clause 28(2) in the principal agreement—
"(2) At intervals of
not more than five years, the Committee shall review—
(a) the
permissible distance from the border between the State of South Australia and
the State of Victoria in relation to a particular zone, sub-zone or aquifer
within a zone or sub-zone;
(b) the
permissible annual volume of extraction in relation to a particular zone or
aquifer within a zone;
(c) the
allowable annual volume of extraction in relation to a particular sub-zone or
aquifer within a sub-zone—
and shall have the power to alter any or all of the same in relation to a
particular zone, sub-zone or aquifer within a zone or sub-zone.”.
11. The following
sub-clause shall replace clause 28(3) in the principal agreement—
"(3) At intervals of
not more than five years, the Committee shall review—
(a) the
permissible potentiometric surface lowering;
(b) the
permissible salinity (if any) established pursuant to
sub-clause (6)—
in relation to each particular zone, sub-zone or aquifer within a zone or
sub-zone and if the Committee is satisfied that alteration to any or all of
the same is desirable in relation to a particular zone, sub-zone or aquifer
within a zone or sub-zone, it may recommend any such alteration to the
Minister of each Contracting Government.”.
12. The following
sub-clause shall replace clause 28(4) in the principal agreement—
"(4) Where the
Minister of each Contracting Government agrees with any such recommendation,
the permissible potentiometric surface lowering and/or the permissible
salinity, for a particular zone, sub-zone or aquifer within a zone or sub-zone
shall be deemed to have been altered in accordance with any such
recommendation.”.
13. The following
sub-clause shall replace clause 28(5) in the principal agreement—
"(5) The Committee may
at any time recommend to the Minister of each Contracting Government that a
permissible salinity be declared for a particular zone, sub-zone or aquifer
within a zone or sub-zone.”.
14. The following
sub-clause shall replace clause 28(6) in the principal agreement—
"(6) Where the
Minister of each Contracting Government agrees with any such recommendation, a
permissible salinity shall be deemed to have been declared for that particular
zone, sub-zone or aquifer within that zone or sub-zone in accordance with that
recommendation.”.
15. The following
sub-clause shall be inserted immediately after clause 28(6) and immediately
before clause 29 of the principal agreement—
"(7) The Committee,
having regard to the size and variability of a zone, may—
(a)
divide the zone or the aquifer within a zone into two or more sub-zones;
(b)
determine the boundaries of a particular sub-zone or aquifer within a
sub-zone;
(c)
determine the allowable annual volume for the sub-zone or aquifer within a
sub-zone that does not exceed that permissible annual volume of which the
sub-zone forms part;
(d)
determine the permissible distance from the border between the State of South
Australia and the State of Victoria for a particular sub-zone or aquifer
within a zone or sub-zone—
and shall have the power to alter any or all the same in relation to a
particular sub-zone or aquifer within a sub-zone.”.
Periods of Restriction.
16. The following
sub-clause shall replace clause 29(3) in the principal agreement—
"(3) A period of
restriction may be declared in relation to any zone, sub-zone or aquifer
within a zone or sub-zone notwithstanding that the permissible annual volume
or the allowable annual volume or the permissible salinity (if any) or the
permissible potentiometric surface lowering for that zone or sub-zone, or any
or all of them, has not been exceeded in any previous year.”.
Publication of declarations, etc.
17. The following
clause shall replace clause 31 in the principal agreement—
"31. Any alteration
made under clause 28(2) or 28(4) or 28(7) or any declaration made under clause
28(6) or 29(1) with respect to any zone or sub-zone shall be published in the
Government Gazette of the Contracting Government within whose jurisdiction
such zone is situate and in a newspaper circulating in that zone or sub-zone
and shall take effect from the date of such publication in the Government
Gazette.”.
18. The following
Schedule shall replace the SECOND SCHEDULE of the principal agreement—
SECOND SCHEDULE
|
Permissible annual volume | ||||
|
Zone |
Tertiary Limestone Aquifer |
Tertiary Confined Sand Aquifer | ||
|
1A |
30900 | |
9200 | |
|
1B |
45720 | |
14500 | |
|
2A |
25000 | |
2900 | |
|
2B |
25000 | |
5100 | |
|
3A |
24000 | |
1900 | |
|
3B |
16500 | |
1000 | |
|
4A |
20000 | |
710 | |
|
4B |
14000 | |
300 | |
|
5A |
18500 | |
540 | |
|
5B |
11949 | |
570 | |
|
6A |
8850 | |
360 | |
|
6B |
9838 | |
360 | |
|
7A |
7500 | |
350 | |
|
7B |
6600 | |
350 | |
|
8A |
7700 | |
340 | |
|
8B |
6760 | |
330 | |
|
9A |
11595 | |
570 | |
|
9B |
5960 | |
630 | |
|
10A |
9400 | |
320 | |
|
10B |
6720 | |
560 | |
|
11A |
6861 | |
0 | |
|
11B |
1823 | |
0 | |
19. The following
Schedule shall replace the THIRD SCHEDULE of the principal agreement—
THIRD SCHEDULE
|
Permissible potentiometric surface lowering Rate (metres per annum) | ||||
|
Zone |
Tertiary Limestone Aquifer |
Tertiary Confined Sand Aquifer | ||
|
1A |
0.25 | |
0.25 | |
|
1B |
0.25 | |
0.25 | |
|
2A |
0.25 | |
0.25 | |
|
2B |
0.25 | |
0.25 | |
|
3A |
0.25 | |
0.25 | |
|
3B |
0.25 | |
0.25 | |
|
4A |
0.25 | |
0.25 | |
|
4B |
0.25 | |
0.25 | |
|
5A |
0.25 | |
0.25 | |
|
5B |
0.25 | |
0.25 | |
|
6A |
0.05 | |
0.05 | |
|
6B |
0.05 | |
0.05 | |
|
7A |
0.05 | |
0.05 | |
|
7B |
0.05 | |
0.05 | |
|
8A |
0.05 | |
0.05 | |
|
8B |
0.65 | |
0.65 | |
|
9A |
0.65 | |
0.65 | |
|
9B |
0.65 | |
0.65 | |
|
10A |
0.65 | |
0.65 | |
|
10B |
0.65 | |
0.65 | |
|
11A |
0.65 | |
0.65 | |
|
11B |
0.65 | |
0.65 | |
20. Clause 24(2) in
the principal agreement shall be deleted.
IN WITNESS WHEREOF this Agreement has been executed by the parties hereto as
at the day and year first above-written.
|
SIGNED on behalf of THE STATE OF VICTORIA by the Honourable STEVE BRACKS,
Premier of Victoria, in the presence of— Rosa Silvestro |
} |
STEVE BRACKS |
|
SIGNED on behalf of THE STATE OF SOUTH AUSTRALIA by the Honourable MIKE RANN,
Premier of South Australia, in the presence of— Nick Alexandrides |
} |
MIKE RANN |
This consolidation is provided for convenience only and does not form part of
the Act.
Original Agreement and amendments
|
Year |
No |
Title |
Assent |
Commencement |
|---|---|---|---|---|
|
1985 |
104 |
7.11.1985 |
19.12.1985 | |
|
2006 |
20 |
Groundwater (Border Agreement) (Amending Agreement) Amendment Act 2006 |
28.9.2006 |
31.10.2006 |
AGREEMENT made the 15th day of October One thousand nine hundred and
eighty-five between—
PREMIER of the State of South Australia for and on behalf of that State of the
first part and
PREMIER of the State of Victoria for and on behalf of that State of the second
part.
WHEREAS it is desirable to make provision to protect the Groundwater resources
adjacent to the border between the State of South Australia and the State of
Victoria and to provide for the cooperative management and equitable sharing
of those resources and to guard against the undue depletion or degradation
thereof:
NOW IT IS HEREBY AGREED as follows—
PART I.—INTERPRETATION
In this Agreement save where inconsistent with the context—
"Allowable annual volume" means the allowable annual volume of extraction
specified for a particular sub zone or aquifer within a sub-zone as has been
determined by the Committee under clause 28(7).
"Aquifer" means a geological structure or formation or an artificial land fill
permeated or capable of being permeated permanently or intermittently with
water.
"Bore" with respect to South Australia, means any well as defined by section 3
of the Natural Resources Management Act 2004 and with respect to
Victoria, means any bore as defined by section 3 of the Water Act 1989 , but
in neither case includes any well or bore from which water is extracted or
proposed to be extracted for one or more of the following purposes and for no
other purposes—
(a)
household purposes;
(b)
watering animals kept for domestic and stock purposes; or
(c) the
irrigation of a garden not exceeding 0.4 hectares in extent used solely in
connection with a dwelling and from which no produce is sold.
"Committee" means the Review Committee constituted under clause 6.
"Contracting Government" means the Government of the State of South Australia
or the Government of the State of Victoria.
"Designated Area" means the area comprising part of the State of South
Australia and part of the State of Victoria as specified in the First
Schedule.
"Extraction" in relation to any bore includes withdrawing, taking, using or
permitting the withdrawing, taking or using of water from that bore.
"Granting authority" means—
(a) in
the case of South Australia, the Minister administering the
Natural Resources Management Act 2004 ; and
(b) in
the case of Victoria, the Minister administering the Water Act 1989 .
"Groundwater" with respect to South Australia means any underground water as
defined by section 3 of the Natural Resources Management Act 2004 and
with respect to Victoria means any groundwater as defined by section 3 of
the Water Act 1989 .
"Member" means a member of the Committee.
"Minister" with respect to South Australia means the Minister administering
the Natural Resources Management Act 2004 and with respect to Victoria
means the Minister administering the Water Act 1989 .
"Permissible annual volume" means the permissible annual volume of extraction
specified for a particular zone or aquifer within a zone in the Second
Schedule, or in relation to a particular zone or aquifer within a zone, such
other volume as has been determined by the Committee under clause 28(2).
"Permissible distance from the border between the State of South Australia and
the State of Victoria" means a distance of one kilometre from that border, or
in relation to a particular zone, sub-zone, or aquifer within a zone or
sub-zone, such other distance as has been determined by the Committee under
clause 28(2).
"Permissible potentiometric surface lowering" means—
(a) a
rate set out in the Third Schedule or such other rate as has been agreed upon
by the Minister for each Contracting Government under clause 28(4),
and/or
(b) the
potentiometric surface level as agreed upon by the Minister of each
Contracting Government under clause 28(4).
"Permissible salinity" means—
(a) a
maximum rate of increase; and/or
(b) a
designated maximum level—
of salinity, measured as electro-conductivity of so many microsiemens per
centimetre at twenty-five degrees Celsius, that must not be exceeded as may be
agreed upon by the Minister of each Contracting Government for a particular
zone, sub-zone or aquifer within a zone or sub-zone, pursuant to
clause 28(6), or in relation to a particular zone, sub-zone or aquifer
within a zone or sub-zone, such other rate and/or level as has been agreed
upon by the Minister of each Contracting Government under clause 28(4).
"Permit" means—
(a) any
licence provided for in section 146 of the South Australian
Natural Resources Management Act 2004 ;
(b) any
permit provided for in section 135 of the South Australian
Natural Resources Management Act 2004 ;
(c) any
licence provided for in Part 5 of the Victorian Water Act 1989 ;
(d) any
licence provided for in section 51 of the Victorian Water Act 1989 .
"Potentiometric surface lowering" means—
(a) a
rate of potentiometric surface lowering that must not be exceeded, and/or
(b) a
potentiometric surface level that must not be exceeded—
for a particular zone, sub-zone or aquifer within a zone or sub zone.
"Schedule" means a schedule to this Agreement.
"Sub-zone" means a subdivision of a zone with boundaries determined by the
Committee under clause 28(7).
"Zone" means any zone as specified in the First Schedule.
(1) Unless the
contrary intention appears, a reference in this Agreement to any Act shall be
read as including a reference to any Act amending, or in substitution for,
that Act.
(2) The heading of
Parts, Divisions and Clauses shall not affect the interpretation of this
Agreement.
(3) Unless the
contrary intention appears, words importing the singular shall include the
plural and vice versa and words importing any gender shall include any other
gender.
(4) Unless the
contrary intention appears, a reference to a member shall be read as including
a deputy member who is acting as a member.
PART II.—APPROVAL AND ENFORCEMENT
This Agreement, other than clause 4, is subject to approval by the Parliaments
of the States of South Australia and Victoria; and shall come into effect when
so approved.
The Contracting Governments hereby agree to submit this Agreement for approval
to the respective Parliaments of the said States as soon as practicable after
the date of this Agreement.
5. Parties to provide for enforcement of Agreement
and Acts.
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 of any Acts approving it.
PART III.—THE REVIEW COMMITTEE
There shall be a Review Committee for the purposes of this Agreement, which
shall have such status and such powers and duties and enjoy such privileges
and immunities as may be conferred upon it by this Agreement and any Acts
approving it.
7. The Committee shall consist of four members.
8. Appointment of members and deputy members.
Two members and one deputy member shall be appointed by the Minister of each
Contracting Government.
Each member and deputy member shall be appointed for a term not exceeding five
years but shall be eligible for re-appointment.
10. When deputy member may act.
Whenever—
(a) A member is
(i)
absent from Australia or from duty;
(ii)
unable for any reason to attend a meeting of the
Committee; or
(iii)
otherwise unable to perform the duties of that member's
office; or
(b) there is a vacancy
in the office of a member for either State—
the deputy member for the same State shall act as a member for that State and
while so acting, shall have all the powers and perform all the duties of a
member.
Subject to the provisions of this Agreement the members shall have equal
powers.
12. Remuneration of members and deputy members.
Each member or deputy member shall be paid by the Contracting Government by
whose Minister that member or deputy member has been appointed such
remuneration, allowance or expenses (if any) as shall be determined by or
under any applicable law or, in the absence of such law, by that Contracting
Government.
A member or deputy member may at any time be removed from office by the
Minister of the State for which that member or deputy member was appointed.
A member or a deputy member may at any time tender resignation of his or her
appointment by writing signed by that member or deputy member addressed to the
Minister of the State for which that member or deputy member was appointed and
such resignation shall take effect upon, and only upon, acceptance thereof by
that Minister.
Whenever a vacancy occurs in the office of a member or deputy member, the
Minister of the State for which the member or deputy member whose office has
become vacant was appointed shall appoint a person to the vacant office.
No act, proceeding or determination of the Committee shall be invalid on the
ground only of any defect in the appointment of any member of deputy member.
17. Meetings of the Review Committee.
(1) The members may
meet together for the transaction of the Committee's business and may adjourn
any meeting.
(2) A member may at
any time call a meeting of the Committee.
(3) The members shall,
at the first meeting in any calendar year, elect a member as President during
that year who shall preside at all meetings of the Committee at which he or
she is present.
(4) At any meeting of
the Committee at which the elected president is not present, the members
present shall appoint a President from among their number, for the purposes of
that meeting.
(5) The four members
shall be a quorum and, subject to clause 18(2), the concurrence of all of them
shall be necessary for the transaction of the business of the Committee.
(6) Subject to this
Agreement, the Committee shall regulate the conduct of its own proceedings.
(7) The Committee
shall cause proper minutes of all its proceedings to be kept.
(8) A resolution in
writing, signed by all the members of the Committee shall have the same
validity and effect as it would have had if it had been passed at a meeting of
the Committee duly convened and held. Any such resolution may consist of
several documents in like form, each signed by one or more of the members. The
date and time of affixing a signature as aforesaid shall be endorsed on the
document to which it is affixed and, provided that all members have signed as
aforesaid, the resolution shall be deemed to have been passed at the latest
time so endorsed.
(1) The Committee may
either generally or in relation to a matter or class of matters by resolution
of the Committee delegate to any member any of its powers under this Agreement
other than this power of delegation.
(2) A delegation under
clause 18(1) may be revoked by a majority vote of the four members or, and in
the event of an equality of votes the President shall have a second or casting
vote.
(3) A delegation of
any power pursuant to this clause shall not prevent the exercise of that power
by the Committee.
(4) A power so
delegated, when exercised by the delegate, shall for the purposes of this
Agreement, be deemed to have been exercised by the Committee.
19. Liability for acts of members of Review
Committee.
Each Contracting Government shall indemnify the members and deputy member
appointed by the Minister of that Contracting Government in respect of any act
or omission of those members or that deputy member, and for any losses or
costs incurred by them, in the bona fide execution of the powers vested in the
Committee by or under this Agreement or the Act approving the same.
20. Studies and investigations.
The Committee may from time to time co-ordinate, or cause to be carried out,
surveys, investigations and studies concerning the use, control, protection,
management or administration of groundwater within the Designated Area.
21. Recommendations to Contracting Governments.
The Committee may make recommendations to the Contracting Governments or to
any authority, agency or tribunal of a Contracting Government concerning any
matter which in the opinion of the Committee may in any way affect the
investigation, use, control, protection, management or administration of
groundwater within the Designated Area.
22. Proposals to amend Agreement.
The Committee shall from time to time review this Agreement and, if in its
opinion amendments thereto are necessary or desirable, make recommendations to
the Contracting Governments accordingly.
23. Furnishing information and particulars.
Each Contracting Government shall furnish or cause to be furnished to the
Committee, at such times as the Committee may require, all the information and
particulars that the Committee may require for any of the purposes of this
Agreement and which that Contracting Government is able to furnish.
PART IV.—MANAGEMENT PLAN
24. Designation of Border Area and potentiometric
surface levels.
(1) This Agreement
shall apply to all lands and to all groundwater within the Designated Area.
25. Application of legislation.
Subject to the provisions of this Agreement—
(a) the provisions of
the South Australian Natural Resources Management Act 2004 and of
regulations made thereunder shall apply to such portion of the State of South
Australia as is within the Designated Area;
(b) the provisions of
the Victorian Water Act 1989 and of regulations made thereunder shall continue
to apply to such portion of the State of Victoria as is within the Designated
Area—
and the provisions of those Acts and regulations shall respectively be applied
to—
(i)
all bores existing within the Designated Area at the date
of this Agreement;
(ii)
all applications to construct, deepen, enlarge or alter
bores or to extract water therefrom as are made after the date of this
Agreement; and
(iii)
any bores constructed, deepened, enlarged or altered or
from which water is extracted, after the date of this Agreement.
(1) Subject to clause
28 no application for a permit shall be granted and no permit renewed—
(a) in relation to the
construction, deepening, enlarging or altering of any bore which passes or
will pass through two or more aquifers unless a condition is attached to such
permit which requires that an impervious seal be made and maintained between
such aquifers;
(b) in relation to the
construction, deepening, enlarging or altering of any bore, or the extraction
of water from any bore, in a particular zone, or aquifer within a zone, where
the effect of extracting water from that bore would be to exceed the
permissible annual volume for that particular zone, or aquifer within a zone;
(c) in relation to the
construction, deepening, enlarging or altering of any bore, or the extraction
of water from any bore, in a particular zone, sub-zone or aquifer within a
zone or sub-zone if that bore is situated within, or proposed to be situated
within, a distance less than the permissible distance from the border between
the State of South Australia and the State of Victoria for that zone, sub-zone
or aquifer within a zone or sub-zone unless the Committee has first considered
the matter and determined that such application may be granted or such permit
may be renewed;
(d) in relation to the
construction, deepening, enlarging or altering of any bore, or the extraction
of water from any bore, where the bore is situated, or proposed to be
situated, in a particular sub-zone or aquifer within a sub-zone, where the
effect of extracting water from that bore would be to exceed the allowable
annual volume for a particular sub-zone or aquifer within a sub-zone.
(2) Subject to
clause 28—
(a) no application for
a permit shall be granted and no permit renewed; or
(b) a period of
restriction shall be declared subject to clause 29(3)—
where the potentiometric surface lowering has exceeded the permissible
potentiometric surface lowering in a particular zone, sub-zone or aquifer
within a zone or sub-zone over the preceding five years.
(1) As soon as
practicable after 30 June in each year, each contracting Government shall in
relation to the zones within its respective jurisdiction cause to be prepared
a report stating—
(a) the number of
permits granted or renewed in each of those zones in the preceding year ending
on 30 June;
(b) the annual volume
of extraction which has been authorised in relation to each such permit;
(c) the total number
of bores situated in each zone in the preceding year ending on 30 June;
(d) details of the
potentiometric surface levels obtained from observation bores within each
particular zone, sub-zone or aquifer within a zone or sub-zone in the
preceding year ending on 30 June; and
(e) the rate of
increase or level of salinity in such bores within a particular zone, sub-zone
or aquifer within a zone or sub-zone as shall be specified by the Committee in
the preceding year ending on 30 June.
(2) The report
referred to in sub-clause (1) shall be considered by the Committee as soon as
practicable after the report has become available.
(3) In this clause
"Observation bore" with respect to South Australia, means any well as defined
by section 3 of the Natural Resources Management Act 2004 and with
respect to Victoria, means any bore as defined by section 3 of the Water Act
1989 .
28. Powers of Review Committee.
(1) The Committee
shall meet to consider the report prepared by each Contracting Government
relating to the previous year.
(2) At intervals of
not more than five years, the Committee shall review—
(a) the permissible
distance from the border between the State of South Australia and the State of
Victoria in relation to a particular zone, sub-zone or aquifer within a zone
or sub-zone;
(b) the permissible
annual volume of extraction in relation to a particular zone or aquifer within
a zone;
(c) the allowable
annual volume of extraction in relation to a particular sub-zone or aquifer
within a sub-zone—
and shall have the power to alter any or all of the same in relation to a
particular zone, sub-zone or aquifer within a zone or sub-zone.
(3) At intervals of
not more than five years, the Committee shall review—
(a) the permissible
potentiometric surface lowering;
(b) the permissible
salinity (if any) established pursuant to sub-clause (6)—
in relation to each particular zone, sub-zone or aquifer within a zone or
sub-zone and if the Committee is satisfied that alteration to any or all of
the same is desirable in relation to a particular zone, sub-zone or aquifer
within a zone or sub-zone, it may recommend any such alteration to the
Minister of each Contracting Government.
(4) Where the Minister
of each Contracting Government agrees with any such recommendation, the
permissible potentiometric surface lowering and/or the permissible salinity,
for a particular zone, sub-zone or aquifer within a zone or sub-zone shall be
deemed to have been altered in accordance with any such recommendation.
(5) The Committee may
at any time recommend to the Minister of each Contracting Government that a
permissible salinity be declared for a particular zone, sub-zone or aquifer
within a zone or sub-zone.
(6) Where the Minister
of each Contracting Government agrees with any such recommendation, a
permissible salinity shall be deemed to have been declared for that particular
zone, sub-zone or aquifer within that zone or sub-zone in accordance with that
recommendation.
(7) The Committee,
having regard to the size and variability of a zone, may—
(a) divide the zone or
the aquifer within a zone into two or more sub-zones;
(b) determine the
boundaries of a particular sub-zone or aquifer within a sub-zone;
(c) determine the
allowable annual volume for the sub-zone or aquifer within a sub-zone that
does not exceed that permissible annual volume of which the sub-zone forms
part;
(d) determine the
permissible distance from the border between the State of South Australia and
the State of Victoria for a particular sub-zone or aquifer within a zone or
sub-zone—
and shall have the power to alter any or all the same in relation to a
particular sub-zone or aquifer within a sub-zone.
(1) Whenever in the
opinion of the Committee it is necessary or desirable for the better
investigation, use, control, protection, management or administration of
groundwater within the Designated Area, it may by resolution declare a period
of restriction in relation to any zone.
(2) A period of
restriction may be declared for any period not exceeding five years and may be
renewed from time to time for any further period not exceeding five years.
(3) A period of
restriction may be declared in relation to any zone, sub-zone or aquifer
within a zone or sub-zone notwithstanding that the permissible annual volume
or the allowable annual volume or the permissible salinity (if any) or the
permissible potentiometric surface lowering for that zone or sub-zone, or any
or all of them, has not been exceeded in any previous year.
(4) During any period
of restriction no application for a permit shall be granted and no permit
renewed in relation to the construction, deepening, enlarging or altering of
any bore, or the extracting of water from any bore in any zone to which the
period of restriction relates unless—
(a) the details of the
application or of the proposed renewal have first been considered by the
Committee;
(b) the granting
authority has first considered any recommendation made by the Committee with
respect to the application or the proposed renewal; and
(c) thirty days have
elapsed from the date on which the details of the application or of the
proposed renewal have been considered by the Committee.
(5) Where contrary to
any recommendation made by the Committee pursuant to sub-clause (4) (b) , the
granting authority determines that an application for a permit shall be
granted or a permit renewed, the granting authority shall forthwith notify the
Minister of the other Contracting Government of that determination.
(1) As soon as
practicable after 30 June in each year, the Committee shall prepare a report
on its activities during the year ended on the preceding 30 June.
(2) The Committee
shall give a copy of each report under sub-clause (1) to the Minister of each
Contracting Government forthwith after it is prepared.
31. Publication of declarations, etc.
Any alteration made under clause 28(2) or 28(4) or 28(7) or any declaration
made under clause 28(6) or 29(1) with respect to any zone or sub-zone shall be
published in the Government Gazette of the Contracting Government within whose
jurisdiction such zone is situate and in a newspaper circulating in that zone
or sub-zone and shall take effect from the date of such publication in the
Government Gazette.
FIRST SCHEDULE
The Designated Area shall be the lands within the boundaries delineated red
and the zones shall be the lands within the boundaries delineated blue and
bearing the numbers shown:
(a) in the case of
South Australia, on the plan entitled "Border Groundwaters Agreement Plan No.
1" which is deposited in the general registry office as G.R.O. number
370/1985;
(b) in the case of
Victoria, on the plan entitled "Border Groundwaters Agreement Plan No. 1"
entered in the central plan register of the Central Plan Office.
SECOND SCHEDULE
|
Permissible annual volume | ||||
|
Zone |
Tertiary Limestone Aquifer |
Tertiary Confined Sand Aquifer | ||
|
1A |
30900 | |
9200 | |
|
1B |
45720 | |
14500 | |
|
2A |
25000 | |
2900 | |
|
2B |
25000 | |
5100 | |
|
3A |
24000 | |
1900 | |
|
3B |
16500 | |
1000 | |
|
4A |
20000 | |
710 | |
|
4B |
14000 | |
300 | |
|
5A |
18500 | |
540 | |
|
5B |
11949 | |
570 | |
|
6A |
8850 | |
360 | |
|
6B |
9838 | |
360 | |
|
7A |
7500 | |
350 | |
|
7B |
6600 | |
350 | |
|
8A |
7700 | |
340 | |
|
8B |
6760 | |
330 | |
|
9A |
11595 | |
570 | |
|
9B |
5960 | |
630 | |
|
10A |
9400 | |
320 | |
|
10B |
6720 | |
560 | |
|
11A |
6861 | |
0 | |
|
11B |
1823 | |
0 | |
THIRD SCHEDULE
|
Permissible potentiometric surface lowering Rate | ||||
|
Zone |
Tertiary Limestone Aquifer |
Tertiary Confined Sand Aquifer | ||
|
1A |
0.25 | |
0.25 | |
|
1B |
0.25 | |
0.25 | |
|
2A |
0.25 | |
0.25 | |
|
2B |
0.25 | |
0.25 | |
|
3A |
0.25 | |
0.25 | |
|
3B |
0.25 | |
0.25 | |
|
4A |
0.25 | |
0.25 | |
|
4B |
0.25 | |
0.25 | |
|
5A |
0.25 | |
0.25 | |
|
5B |
0.25 | |
0.25 | |
|
6A |
0.05 | |
0.05 | |
|
6B |
0.05 | |
0.05 | |
|
7A |
0.05 | |
0.05 | |
|
7B |
0.05 | |
0.05 | |
|
8A |
0.05 | |
0.05 | |
|
8B |
0.65 | |
0.65 | |
|
9A |
0.65 | |
0.65 | |
|
9B |
0.65 | |
0.65 | |
|
10A |
0.65 | |
0.65 | |
|
10B |
0.65 | |
0.65 | |
|
11A |
0.65 | |
0.65 | |
|
11B |
0.65 | |
0.65 | |
|
IN WITNESS WHEREOF this Agreement has been executed by the parties hereto as
at the day and year first above-written. | ||
|
SIGNED on behalf of THE STATE OF VICTORIA by the Honourable JOHN CAIN, Premier
of Victoria, in the presence of— G. E. BROUWER |
} |
JOHN CAIN |
|
SIGNED on behalf of THE STATE OF SOUTH AUSTRALIA by the Honourable JOHN
BANNON, Premier of South Australia, in the presence of— JOHN W. SLATER |
} |
J. C. BANNON |