Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p25
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 25/128)
Character Range: 145189–148141

or compensation relate.

    39. Powers of Ministerial Council and Committee to make determinations

       (1) The Ministerial Council or the Committee, as the case may be, may:

(a) determine that a provision of the Agreement does not apply to the State of Queensland or the Australian Capital Territory, or both, either generally or in relation to a particular matter or class of matters; and

(b) revoke any such determination made by it, or any similar such determination made by the former Ministerial Council under the former Agreement.

       (2) The Ministerial Council may, at any time, direct that any determination made:

(a) by the Committee under sub‑clause (1); or

(b) by the Commission or the former Ministerial Council under clause 4 of Schedule D or clause 6 of Schedule H of the former Agreement,

       is to be deemed to have been either revoked, or altered in any way directed by the Ministerial Council.

       (3) The Committee and, if the case requires, the Authority, must give effect to any determination made by the Ministerial Council under sub‑clause (1).

    40. Factors to be Considered by Ministerial Council or Committee

       (1) In making a determination under clause 39, the Ministerial Council or the Committee must apply the guidelines set out in this clause, unless the Ministerial Council or the Committee, as the case may be, determines otherwise.

       (2) A provision should apply to the State of Queensland if:

(a) issues arising under that provision are likely to cause a significant benefit or a significant detriment to Queensland;

(b) any decisions or actions taken within Queensland without reference to that provision might cause significant benefit or significant detriment to any part of the Murray‑Darling Basin within Queensland;

(c) the Government of Queensland has incurred or may incur any financial obligation as a result of that provision.

       (3) A provision should not apply to the State of Queensland if issues arising under that provision are only likely to concern that portion of the Murray‑Darling Basin delineated in the plan comprising Schedule C to this Agreement.

       (4) A provision should not apply to the Australian Capital Territory unless:

(a) issues arising under that provision are likely to cause a significant benefit or a significant detriment to the Australian Capital Territory; or

(b) any decisions or actions taken within the Australian Capital Territory without reference to that provision might cause significant benefit or significant detriment to any part of the Murray‑Darling Basin within the Australian Capital Territory; or

(c) the Government of the Australian Capital Territory has incurred or may incur any financial obligation as a result of that provision.

    41. Application of Previous Ministerial Council Decisions to Queensland

       (1) The Ministerial Council may affirm that a policy, determination