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Murray-Darling Basin (Amendment) Bill
Circulation Print
EXPLANATORY MEMORANDUM
General
The main purpose of the Bill is to amend the Murray-Darling Basin Act
1993 (the "Principal Act") to approve and give effect to the Murray-Darling
Basin Amending Agreement between the Commonwealth, New South Wales,
Victoria and South Australia ("Amending Agreement") to amend the Murray-
Darling Basin Agreement ("Agreement").
The Agreement was made on 24 June 1992 between the Commonwealth,
New South Wales, Victoria and South Australia. It was subsequently
approved by the Parliament of each party. The purpose of the Agreement is
to promote and co-ordinate effective planning and management for the
equitable efficient and sustainable use of the water, land and environmental
resources of the Murray-Darling Basin.
The Amending Agreement is subject to the approval of the Parliament of
each party to the Amending Agreement. It amends certain provisions in the
Agreement and adds a new Schedule G to the Agreement. The effect of the
Amending Agreement is to make new arrangements for sharing water made
available in the River Murray catchment above Hume Dam by the Snowy
Scheme. Broadly, it--
· removes references to the Snowy Mountains Hydro-electric Authority
(whose functions are to be transferred to a new corporation) and the
associated Snowy Mountains Agreement;
· amends Part XII of the Agreement to require the Murray-Darling
Basin Commission to determine the respective allocations to New
South Wales and Victoria of water from the Snowy Scheme in a
manner set out in a new schedule G;
· adds schedule G to make arrangements for the sharing between New
South Wales, Victoria and South Australia of water made available in
the catchment of the River Murray above Hume Dam by the Snowy
Scheme;
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551031 BILL LA CIRCULATION 26/3/2003
· protects Victoria's water rights and interests in the event that New
South Wales fails to ensure either the release of increased
environmental flows to the Snowy River or the required annual
releases from the Snowy Scheme to the River Murray;
· enables the transfer of water savings and purchases to Environmental
Entitlements and makes reductions in the respective States the long
term Murray-Darling Basin diversion caps;
· enables the Commission to make increased environmental flows to the
River Murray;
· requires the Murray-Darling Basin Ministerial Council to develop
environmental objectives and a strategy for the increased
environmental flows to the River Murray; and
· establishes the necessary additional water accounting, notification,
consultation and modelling mechanisms.
Clause Notes
Clause 1 sets out the purpose of the Bill.
Clause 2 provides for the Bill to commence on a day to be proclaimed.
No time limit has been placed on proclamation to allow for
commencement to be co-ordinated with the commencement of
corresponding legislation in the other jurisdictions that are
signatories to the Murray-Darling Basin Amending Agreement.
Clause 3 amends section 3 of the Principal Act to--
· substitute a new definition of "Agreement" so that it
includes the Agreement as amended by the Amending
Agreement;
· insert a definition of "Amending Agreement".
Clause 4 inserts a new section 5A into the Principal Act providing that the
Amending Agreement is approved by the Parliament.
Clause 5 substitutes a new heading to the Schedule to the Principal Act so
that it becomes Schedule 1. Schedule 1 contains the text of the
Murray-Darling Basin Agreement as agreed on 24 June 1992.
Clause 6 inserts a new Schedule 2 to the Principal Act. Schedule 2
contains the text of the Amending Agreement.
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