Document ID: chunk:federal_register_of_legislation:C2004A04065:section:1989:p4
Version: federal_register_of_legislation:C2004A04065
Segment Type: section
Provision Reference: s 1989 (pt 4/5)
Character Range: 36823–39718

October 1982, as amended by the Murray-Darling Basin Agreement made on 30 October 1987 (which Agreement as so amended is herein called "the principal agreement"), in order to enable the Ministerial Council established thereunder to make decisions otherwise than at duly convened meetings.

NOW IT IS HEREBY AGREED by and between the parties to this Agreement as follows:

    1. Unless the contrary intention appears, expressions used in this Agreement have the same meanings as in the principal agreement.

     2. (1) This Agreement, other than this clause, is subject to approval by the Parliaments of the Commonwealth and of the States of New South Wales, Victoria and South Australia and comes into effect when so approved.

     (2) The Commonwealth, New South Wales, Victorian and South Australian Governments will submit this Agreement for approval to their respective Parliaments as soon as practicable after the Agreement is made.

     (3) A further approval of the Parliaments is not required if another State becomes a party to the Agreement in accordance with Clause 117A of the principal agreement.

     3. The following clause shall be inserted before clause 7F of the principal agreement—

SCHEDULE 3—continued

            "7EA. (1) A decision of the Ministerial Council may be made other than at a meeting of the Ministerial Council if made in accordance with this clause.

         (2) If—

            (a) the text of a proposed resolution is sent or given in writing by facsimile or other transmission by an officer of the Commission authorised by the Ministerial Council to a Minister nominated under clause 7G or if that Minister is unavailable a Minister for the same Contracting Government authorised for the purpose by the Minister so nominated; and

            (b) such Minister approves the proposed resolution and notifies that officer in writing sent or given by facsimile or other transmission,

         the proposed resolution is approved, by the Minister.

            (3) When a Minister from each Contracting Government has approved a resolution in accordance with sub-clause (2) the resolution shall be deemed to have become a decision of the Ministerial Council at the date and time the last of those Ministers has approved the resolution.

            (4) Any decision of the Ministerial Council made in accordance with this clause, must be recorded by an officer of the Commission authorised by the Ministerial Council and a copy of the decision sent to each member of the Ministerial Council within 21 days after the decision is made.

            (5) The record made pursuant to sub-clause (4) shall be confirmed at the next meeting of the Ministerial Council."

IN WITNESS WHEREOF this Agreement has been respectively signed for and on behalf of the parties hereto on the day and year first above-written.

SIGNED by the Honourable ROBERT JAMES LEE