New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Act, unless the context or subject matter otherwise indicates or
requires:
"Agreement" means the Agreement of which a copy is set out in the Schedule to
this Act, as amended by the Amending Agreement, the Second Amending Agreement
and the Third Amending Agreement.
"Amending Agreement" means the agreement of which a copy is set out in the
Supplementary Schedule to this Act.
"Carrier Rivers" means the parts of the Dumaresq, Macintyre and Barwon Rivers
constituting part of the boundary between New South Wales and Queensland and
located between the Mingoola Gauging Station and the point where the Barwon
River reaches the twenty-ninth parallel of south latitude.
"Commission" means The Dumaresq--Barwon Border Rivers Commission constituted
under the Agreement.
"Constructing Authority" means the Contracting Government by which any works
under this Act are constructed, or to be constructed, or any authority
constituted or appointed for the purpose of such construction.
"Contracting Government" means a Government which is a party to the Agreement.
"Controlling Authority" where used in reference to the State of New South
Wales means the Ministerial Corporation authorised by this Act to exercise the
powers and fulfil the obligations by the Agreement conferred or imposed upon a
Controlling Authority.
"Diversion" includes abstraction, impounding and appropriation of water that
diminishes or retards the volume of flow of a river.
"Dumaresq Storage" means the storage and basin or basins which at the relevant
time are provided by any dam or dams constructed under the Agreement on Pike
Creek or on the Dumaresq River upstream of the Mingoola Gauging Station or on
a tributary of that river upstream of that station.
"Exercise" of a function includes, if the function is a duty, the performance
of the duty.
"Function" includes a power, authority and duty.
"Government Gazette" means the Government Gazette of the State of New South
Wales or Queensland (as the case may require).
"Governor" where used in reference to a State means Governor with the advice
of the Executive Council of that State and shall include the person for the
time being lawfully administering the Government of that State.
"Land" includes Crown lands and buildings, messuages, tenements, and
hereditaments of any tenure, and any easement, right, or privilege in, over or
affecting any land.
"Maintenance" includes repairs and improvements.
"Ministerial Corporation" means the Water Administration Ministerial
Corporation constituted by the Water Management Act 2000 .
"Purposes of this Act" include purposes of the Agreement.
"Prescribed" means prescribed by this Act or by regulations pursuant to this
Act.
"Proclamation" means proclamation by the Governor of the State of New South
Wales or Queensland published in the Government Gazette of that State.
"River" and
"Tributary" respectively include any affluent, effluent, creek, anabranch, or
extension of, and any lake or lagoon connected with, the river or tributary.
"Second Amending Agreement" means the agreement of which a copy is set out in
the Second Supplementary Schedule to this Act.
"Third Amending Agreement" means the agreement of which a copy is set out in
the Third Supplementary Schedule to this Act.
"Under this Act" includes under the Agreement.