Document ID: chunk:federal_register_of_legislation:C2004A01133:schedule:2:p1
Version: federal_register_of_legislation:C2004A01133
Segment Type: schedule
Provision Reference: sch 2 (pt 1/15)
Character Range: 2947–6648

Schedule 2—Amending Agreement

Note: See section 3

MURRAY‑DARLING BASIN AMENDING AGREEMENT

The Murray‑Darling Basin Amending Agreement made the third day of June two thousand and two.

BETWEEN

THE COMMONWEALTH OF AUSTRALIA (the "Commonwealth")

THE STATE OF NEW SOUTH WALES ("New South Wales")

THE STATE OF VICTORIA ("Victoria")

THE STATE OF SOUTH AUSTRALIA ("South Australia")

WHEREAS on 24 June 1992 the Commonwealth, New South Wales, South Australia and Victoria entered into the Murray‑Darling Basin Agreement which was ratified by the Parliament of the Commonwealth and the Parliaments of the said States and subsequently amended (the "Principal Agreement");

AND WHEREAS under the provisions of clause 134 of the Principal Agreement the State of Queensland ("Queensland") became a party to the Principal Agreement on the terms and conditions set out in Schedule D to the Principal Agreement;

AND WHEREAS clause 3 of Schedule D provides that certain provisions of the Principal Agreement do not apply to Queensland;

AND WHEREAS the Commonwealth, New South Wales, South Australia and Victoria wish to:

          (a)                                 amend certain provisions of the Principal Agreement which do not apply to Queensland; and

          (b)                                 add a further Schedule G to the Principal Agreement, which will not apply to Queensland,

to make new arrangements for sharing water made available in the River Murray catchment above Hume Dam by the Snowy Scheme;

THE PARTIES AGREE AS FOLLOWS

          (1)                                      In the following clauses of this Agreement, "the Agreement" means the Principal Agreement.

          (2)                                      Clause 2 of the Agreement is amended—

             (a)                                         by omitting the definition of "Authority";

             (b)                                         by inserting the following definition—

           "natural flow" means the quantity of water that would have flowed in a river past a particular point in a particular period but for the effect during that period of diversions to or from, and impoundments on, the river upstream of that point;";

             (c)                                         by omitting the definition of "period of restriction"; and

             (d)                                         by omitting the definition of "Snowy Mountains Agreement".

          (3)                                      Clause 46 of the Agreement is amended by adding the following sub‑clause—

         "(4) Despite sub‑clause 46(3), sub‑clauses 46(1) and 46(2) apply to any proposal referred to in clause 24 of Schedule G.".

          (4)                                      Clause 91 of the Agreement is amended as follows—

             (a)                                         by omitting paragraph (b) of sub‑clause (1) and inserting the following paragraph in its stead—

                                                                   "(b) half the natural flow at Doctors Point;"; and

             (b)                                         by deleting from paragraph (c) of sub‑clause (1) the word "and"; and

             (c)                                         by inserting in paragraph (d) of sub‑clause (1), after the word "Point" the word "and"; and

             (d)                                         by adding to sub‑clause (1) a paragraph—

                                                     "(e) half of the volume of water calculated in accordance with  clause 8 of Schedule G.".

          (5)                                      Clause 98 of the Agreement is