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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 51
As received from the Legislative Council and read a first
time,
Groundwater
(Border Agreement) (Amending Agreement) Amendment Bill 2006
A Bill For
An Act to amend the Groundwater (Border Agreement)
Act 1985.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Groundwater
(Border Agreement) Act 1985
4 Amendment of section 4—Interpretation
5 Insertion of section 5A
5A Approval of Amending Agreement
6 Amendment of section 12—Bores for observation and providing data
7 Repeal of section 14
8 Repeal of First Schedule
9 Substitution of heading to Second
Schedule
10 Insertion of Schedule 3
Schedule 3—Border Groundwaters
Agreement Amendment Agreement
The Parliament of
This Act may be cited as the Groundwater (Border Agreement)
(Amending Agreement) Amendment Act 2006.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Groundwater (Border Agreement)
Act 1985
4—Amendment of section 4—Interpretation
Section 4(a)—delete paragraph (a) and
substitute:
(a) Agreement
means the Border Groundwaters Agreement, a copy of
which is set out in Schedule 2, as that Agreement is amended by the Amending
Agreement; and
(ab) Amending Agreement means the
Border Groundwaters Agreement Amendment Agreement, a
copy of which is set out in Schedule 3; and
After section 5 insert:
5A—Approval
of Amending Agreement
The Amending Agreement is approved.
6—Amendment of section 12—Bores for observation and providing data
Section 12(2)—delete subsection (2) and
substitute:
(2) Subsection
(1) does not derogate from any power under the Natural Resources Management
Act 2004.
Section 14—delete the section
First Schedule—delete the Schedule
9—Substitution of heading to Second Schedule
Second Schedule—delete the heading to this
Schedule and substitute:
Schedule 2
After Schedule 2 insert:
Schedule 3—Border
Groundwaters Agreement Amendment Agreement
AN AGREEMENT made this 18 day of 10, Two thousand and five between—
THE STATE OF
THE STATE OF
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
(b) in the case of Victoria, the Minister administering the Water
Act 1989.
"Groundwater" with respect to
"Minister" with respect to
"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
"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
(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
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
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
(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
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 (Megalitres) |
|||
|
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 |