LAKE EYRE BASIN (INTERGOVERNMENTAL AGREEMENT) (RATIFICATION OF AMENDMENTS) AMENDMENT BILL 2007

This Act may be cited as the Lake Eyre Basin (Intergovernmental Agreement) (Ratification of Amendments) Amendment Act 2007.

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

(1) The Ministerial Forum (within the meaning of the Agreement) has approved the addition of Schedules 2 and 3 to the Agreement.

(2) Schedules 2 and 3 contain amendments to the Agreement and, to the extent of any inconsistency, the amendments made by Schedule 3 supersede the amendments made by Schedule 2.

(3) The amendments to the Agreement, including the addition of Schedules 2 and 3 approved by the Ministerial Forum under the Agreement, are ratified and approved.

Schedule, Lake Eyre Basin Intergovernmental Agreement—after Schedule 1 insert:

1. On the 21st day of October 2000, the Commonwealth, Queensland and South Australia ("the Original Parties") entered into the LAKE EYRE BASIN INTERGOVERNMENTAL AGREEMENT ("the Original Agreement") to provide for the establishment of arrangements for the management of water and related natural resources for that portion of the Lake Eyre Basin as identified in Clause 1.1 of the Agreement.

a. have agreed to admit the Northern Territory as a party to the Original Agreement; and

b. wish to amend certain provisions of the Original Agreement as set out in this Deed.

(a) "Effective Date" means, pursuant to clause 12 of the Original Agreement, the date on which this Deed is approved and ratified by the Parliaments of Queensland, South Australia and the Northern Territory.

(b) All other capitalised terms used in this Deed have the meaning given to them in the Original Agreement.

(b) is bound by the terms of the Original Agreement in all respects as if the Northern Territory had been named as a Party to the Original Agreement.

"1.1 This Agreement applies to that area of the Lake Eyre Basin (the Agreement Area) encompassing portions of Queensland, South Australia and the Northern Territory of Australia, as depicted in Schedule 1 of this Agreement, including within that area the following river systems and associated catchments, floodplains, overflow channels, lakes, wetlands and sub-artesian waters dependent on surface flows of:

a. the Cooper Creek system and associated tributaries in Queensland and South Australia;

b. the Diamantina River system and associated tributaries in Queensland and South Australia;

c. the Georgina river system and associated tributaries in Queensland, South Australia and the Northern Territory;

d. the Hay River system and associated tributaries in Queensland and the Northern Territory; and

e. the Finke River and Todd River systems and associated tributaries in the Northern Territory.

"9.2 Any amendment of this Agreement, including the addition or amendment of a Schedule approved by the Ministerial Forum under clause 10 or 12, is subject to approval and ratification by the Parliaments of Queensland, South Australia and the Northern Territory and will come into effect when so approved and ratified."

(d) by replacing the map in Schedule 1 to the Original Agreement with the map at Annexure A to this Deed.

(e) by this Deed becoming a schedule to the Original Agreement being "Schedule 2".

For the purpose of clause 12.1 of the Original Agreement, the terms and conditions prescribed by the Original Parties are as set out in Annexure B to this Deed.

(a) use its best efforts to do all things necessary or desirable to give full effect to this Deed; and

Signed, sealed and delivered on 10 June 2004 in the presence of a witness by The Minister for the Environment and Heritage of the Commonwealth, The Minister for Natural Resources Mines and Energy of the State of Queensland and for and on behalf of the Northern Territory of Australia by The Minister for Central Australia; and the common seal of The Minister for Environment and Conservation of the State of South Australia affixed and signed by the Minister in the presence of a witness on 10 June 2004

Annexure A

THE LAKE EYRE BASIN AGREEMENT AREA

Annexure B

Terms

The Northern Territory will join the Original Agreement on the following terms agreed by and with the Original Parties:

a) the Northern Territory will contribute financial and other resources of $50,000 per annum towards the Ministerial Forum Budget, at least $10,000 of which will provided as a cash contribution;

b) the cash component of the Northern Territory contribution will be managed in accordance with existing financial arrangements agreed by parties, but will be targeted to travel and other costs involved in supporting Northern Territory participation in the Community Advisory Committee to the Ministerial Forum;

c) the remainder of the Northern Territory contribution will be drawn from natural resource management, environmental or other program activities within the Agreement Area that support the objectives of the Lake Eyre Basin Inter-governmental Agreement (but excluding any activities funded jointly through existing Commonwealth - Territory agreements).

Schedule 3

DEED dated the day of

BETWEEN:

THE COMMONWEALTH OF AUSTRALIA ("the Commonwealth")

AND

THE STATE OF QUEENSLAND ("Queensland")

AND

THE STATE OF SOUTH AUSTRALIA ("South Australia")

AND

THE NORTHERN TERRITORY OF AUSTRALIA ("the Northern Territory")

BACKGROUND:

A. On the 21st day of October 2000, the Commonwealth, Queensland and South Australia ("the Original Parties") entered into the LAKE EYRE BASIN INTERGOVERNMENTAL AGREEMENT ("the Original Agreement") to provide for the establishment of arrangements for the management of water and related natural resources for that portion of the Lake Eyre Basin as identified in clause 1.1 of the Original Agreement.

B. On the 10th day of June 2004, the Original Parties and the Northern Territory executed a Deed to admit the Northern Territory as a party to the Original Agreement and to make certain other amendments to the Original Agreement.

C. The Parties now wish to extend the boundaries of the area covered under the Original Agreement as set out in this Deed.

OPERATIVE PART:

1. DEFINITIONS AND INTERPRETATION

1.1 "Effective Date" means, pursuant to clause 9.2 of the Original Agreement, the date on which this Deed is approved and ratified by the Parliaments of Queensland, South Australia and the Northern Territory.

1.2 All other capitalised terms used in this Deed have the meaning given to them in the Original Agreement.

2. EFFECTIVE DATE

On and from the Effective Date, the parties become bound by the terms of this Deed.

3. AMENDMENTS TO THE AGREEMENT

The Original Agreement is varied in the following manner:

3.1 By removing clause 1.1 and replacing it with the following clause:

3.2 "1.1 This Agreement applies to that area of the Lake Eyre Basin (the Agreement Area) encompassing portions of Queensland, South Australia and the Northern Territory of Australia as depicted in Schedule 1 to this Agreement, including within that area the following river systems, associated catchments, floodplains, overflow channels, lakes, wetlands and sub-artesian waters dependent on surface flows of:

3.2.1 the Cooper Creek system and associated tributaries in Queensland and South Australia;

3.2.2 the Diamantina River system and associated tributaries in Queensland and South Australia;

3.2.3 the Georgina river system and associated tributaries in Queensland, South Australia and the Northern Territory;

3.2.4 the Hay river system and associated tributaries in Queensland, South Australia and the Northern Territory;

3.2.5 the Finke River systems and associated tributaries in South Australia and Northern Territory including the Finke, Hamilton, Alberga and Macumba River systems,

3.2.6 Witjira National Park, Simpson Desert Conservation Park and Simpson Desert Regional Reserve in South Australia ;

3.2.7 the Todd River systems and associated tributaries Northern Territory; and

3.2.8 the Neales river systems and associated tributaries including Arkaringa, Lora and Peake Creeks in South Australia

3.2.9 the Douglas Creek river system and including Umbum and Sunny Creeks

3.3 by replacing the map in Schedule 1 to the Original Agreement with the map at Annexure A to this Deed,

3.4 by this Deed becoming a schedule to the Original Agreement being "Schedule 3".

4. GENERAL

4.1 Each party must:

4.1.1 use its best efforts to do all things necessary or desirable to give full effect to this Deed; and

4.1.2 refrain from doing anything that might hinder performance of this Deed.

4.2 This Deed may be signed in any number of counterparts.

4.3 Except as varied above the Original Agreement remains in full force and effect.

Signed, sealed and delivered in the presence of a witness by The Minister for the Environment and Heritage of the Commonwealth, The Minister for Natural Resources and Water of the State of Queensland and for and on behalf of the Northern Territory of Australia by the Minister for Natural Resources, Environment and Heritage; and the common seal of the Minister for Environment and Conservation of the State of South Australia affixed and signed by the Minister in the presence of a witness

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South Australian Bills

LAKE EYRE BASIN (INTERGOVERNMENTAL AGREEMENT) (RATIFICATION OF AMENDMENTS) AMENDMENT BILL 2007