New South Wales Consolidated Acts

NEW SOUTH WALES--QUEENSLAND BORDER RIVERS ACT 1947 - SCHEDULE 3

SCHEDULE 3

(Section 4)

AN AGREEMENT made on between THE STATE OF NEW SOUTH WALES and THE STATE OF QUEENSLAND.

WHEREAS--

(a) an agreement was made between the States on 27 November 1946 (the "
"original agreement" ") that was approved and ratified under--

(i) the New South Wales--Queensland Border Rivers Act 1947 of the State of New South Wales; and

(ii) the New South Wales--Queensland Border Rivers Act 1946 of the State of Queensland; and

(b) an agreement amending the original agreement was made between the States on 4 November 1968 (the "
"first amending agreement" ") that was approved and ratified under--

(i) the New South Wales--Queensland Border Rivers (Amendment) Act 1968 of the State of New South Wales; and

(ii) the New South Wales--Queensland Border Rivers Act Amendment Act 1968 of the State of Queensland; and

(c) an agreement amending the original agreement as amended by the first amending agreement was made between the States on 15 March 1993 (the "
"second amending agreement" ") that was approved and ratified under--

(i) the New South Wales--Queensland Border Rivers (Amendment) Act 1993 of the State of New South Wales; and

(ii) the New South Wales--Queensland Border Rivers Act Amendment Act 1993 of the State of Queensland; and

(d) the States desire to make further amendments of the original agreement as amended by the first amending agreement and second amending agreement.

NOW IT IS AGREED as follows--

PART 1 - PRINCIPAL AGREEMENT

1. Definition

In this agreement--
"
"principal agreement" " means the original agreement as amended by the first amending agreement and the second amending agreement.

2. Binding of States

The principal agreement continues to bind the States subject to the amendments of the principal agreement made by this agreement.

PART 2 - RATIFICATION OF AGREEMENT

3. Ratification

(1) This agreement--

(a) is subject to ratification by the Parliaments of the States; and

(b) comes into effect when so ratified.

(2) Each State is to take all practicable steps to have this agreement ratified.

PART 3 - AMENDMENT OF PRINCIPAL AGREEMENT

4. Amended Agreement

The principal agreement is amended as set out in this agreement.

5.

Amendment of clause 37 (Determination of anticipated available quantity)--Clause 37 (2):
omit subclause and insert the following new subclause.

"(2) In determining the supply of water a party hereto is, for any complete year, entitled, the Commission may allocate to that party any part of the supply of water to which that party was entitled in respect of any previous period of time and which was not expended by that party."

IN WITNESS WHEREOF the Premiers of the States of New South Wales and Queensland have hereunto set their hands the day and year first hereinbefore written