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 SOUTH AUSTRALIA of the first part and
THE STATE OF VICTORIA of the second part.
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 South Australia, the Minister administering the
Natural Resources Management Act 2004 ; and
(b) in
the case of Victoria, the Minister administering the Water Act 1989 .
"Groundwater" with respect to South Australia means any underground water as
defined by section 3 of the Natural Resources Management Act 2004 and
with respect to Victoria means any groundwater as defined by section 3 of
the Water Act 1989 .
"Minister" with respect to South Australia means the Minister administering
the Natural Resources Management Act 2004 and with respect to Victoria
means the Minister administering the Water Act 1989 .
"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 South Australia and
the State of Victoria" means a distance of one kilometre from that border, or
in relation to a particular zone, sub-zone, or aquifer within a zone or
sub-zone, such other distance as has been determined by the Committee under
clause 28(2).
"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
South Australia as is within the Designated Area;
(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 Victoria as is within
the Designated Area—
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 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 .”.
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 South Australia and
the State of Victoria in relation to a particular zone, sub-zone or aquifer
within a zone or sub-zone;
(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 South
Australia and the State of Victoria for a particular sub-zone or aquifer
within a zone or sub-zone—
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
19. The following
Schedule shall replace the THIRD SCHEDULE of the principal agreement—
THIRD SCHEDULE
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.