An Act to amend the New South Wales—Queensland Border Rivers Act 1947 so as to ratify and approve an agreement that has been entered into between the Premiers of New South Wales and Queensland and that amends an existing agreement concerning certain border rivers and water sources.
1 Name of Act
This Act is the New South Wales—Queensland Border Rivers Amendment Act 2001.
2 Commencement
This Act commences on the date of assent.
3 Amendment of New South Wales—Queensland Border Rivers Act 1947 No 10
The New South Wales—Queensland Border Rivers Act 1947 is amended as set out in Schedule 1.
Schedule 1 Amendments
(Section 3)
[1] Section 4 Definitions
Omit “and the Second Amending Agreement” from the definition of Agreement.Insert instead “, the Second Amending Agreement and the Third Amending Agreement”.
[2] Section 4
Insert in alphabetical order:Third Amending Agreement means the agreement of which a copy is set out in the Third Supplementary Schedule to this Act.
[3] Section 5 Ratification of agreements
Omit “and the Second Amending Agreement” wherever occurring.Insert instead “, the Second Amending Agreement and the Third Amending Agreement”.
[4] Third Supplementary Schedule
Insert after the Second Supplementary Schedule:Third Supplementary Schedule(Section 4)AN AGREEMENT made on betweenTHE 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 1PRINCIPAL AGREEMENT-In this agreement -1.Definition“principal agreement” means the original agreement as amended by the first amending agreement and the second amending agreement.The principal agreement continues to bind the States subject to the amendments of the principal agreement made by this agreement.2.Binding of StatesPART 2RATIFICATION OF AGREEMENT-3.RatificationThis agreement -(1)(a) is subject to ratification by the Parliaments of the States; and(b) comes into effect when so ratified.Each State is to take all practicable steps to have this agreement ratified.(2)PART 3AMENDMENT OF PRINCIPAL AGREEMENT-The principal agreement is amended as set out in this agreement.4.Amended Agreementomit subclause and insert the following new subclause.5.Amendment of clause 37 (Determination of anticipated available quantity) - Clause 37 (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.”“(2)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