Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p29
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 29/128)
Character Range: 155959–158758

likely to consider a proposal of the type referred to in sub‑clause (1), with a view to reaching agreement with that Contracting Government, or that public authority, as to:

(a) the types of proposals to which sub‑clause (1) shall apply; and

(b) the criteria to be used in assessing those proposals to which sub‑clause (1) applies.

       (4) Despite sub‑clause (3), sub‑clauses (1) and (2) apply to any proposal referred to in clause 23 of Schedule F.

    50. Environmental Assessment

The Authority must, in exercising its powers or functions, or in implementing works or measures under this Agreement, examine and take into account any possible effects which the exercise of those powers or functions or those works or measures may have on water and other natural resources within the Murray‑Darling Basin.

    51. Protection of Catchment of Hume Reservoir

       (1) The State Contracting Governments of New South Wales and Victoria must take effective measures to protect the portions of the catchment of the Hume Reservoir within their respective States from erosion.

       (2) Each of those Contracting Governments must, before the end of June in each year, forward a report to the Authority on:

(a) the condition of the portion of the catchment of the Hume Reservoir within its territory;

(b) the measures taken and work carried out during the twelve months to the end of March immediately preceding; and

(c) particulars of the measures and works proposed for the next twelve months.

       (3) The Authority must, from time to time, inspect or cause to be inspected such portions of the catchment of the Hume Reservoir as it thinks fit and may indicate at any time whether in its opinion the measures taken and works carried out are effective. If, on any inspection, the Authority considers that any of those measures or works are ineffective, it must notify the Contracting Government concerned which must, to the extent that it may be practicable, take action to make those measures and works effective.

       (4) Measures, works and action taken or carried out by a Contracting Government pursuant to sub‑clause (1) or (3) shall be paid for by that Contracting Government.

       (5) If at any time the Authority considers that there is need for special action to protect the catchment of the Hume Reservoir from erosion, other than, or in addition to, the measures, works and action taken or carried out under sub‑clauses (1) and (3), the Authority may, in consultation with the Committee, require the Contracting Government, in whose territory the special action is to be carried out, to investigate the position and to take such special action as may be required by the Authority.

PART VIII ‑ CONSTRUCTION, OPERATION AND MAINTENANCE OF WORKS

    52.