Document ID: chunk:federal_register_of_legislation:C2024C00557:schedule:1:p25
Version: federal_register_of_legislation:C2024C00557
Segment Type: schedule
Provision Reference: sch 1 (pt 25/154)
Character Range: 699719–702693

sub‑clause (4), that provision does not apply to the State of Queensland.
       (4) Sub‑clause (3) applies to:
(a) any issue concerning the design, execution, construction, funding, operation, maintenance, alteration or replacement of any works, measures, policies or strategies solely associated with the management of the upper River Murray and the River Murray in South Australia;
(b) any liability of the Committee or Authority, any Contracting Government or any Constructing Authority in respect of ‑
              (i) any matter referred to in paragraph (4)(a); or
              (ii) any matter arising under a provision of the Agreement which the Ministerial Council or Committee has determined does not apply to the State of Queensland under clause 39.
       (5) Nothing in the Agreement requires the State of Queensland:
(a) to contribute to the costs of, or associated with, remedying any actual or anticipated damage referred to in paragraph 57(c) of the Agreement; or
(b) to meet any compensation for damage paid under clause 84 of the Agreement,

       except where the State of Queensland has contributed to the construction, maintenance or operation expenses of the works to which the costs or compensation relate.

    38. Provisions not applying to the Australian Capital Territory
       (1) Parts XII, XIII and XIV of the Agreement do not apply to the Australian Capital Territory.
       (2) Clause 145 of the Agreement only applies to the Australian Capital Territory in respect of an act, omission or loss incurred in relation to the bona fide execution of powers:
(a) in or related to the Australian Capital Territory; or
(b) under a provision of the Agreement as it applies to the Australian Capital Territory.
       (3) Insofar as any provision of the Agreement bears on any of the following matters, it does not apply to the Australian Capital Territory:
(a) any matter concerning the design, execution, construction, funding, operation, maintenance, alteration or replacement of any works, measures, policies or strategies solely associated with the management of the upper River Murray and River Murray in South Australia;
(b) any liability of the Committee or Authority, any Contracting Government or any Constructing Authority in respect of:
              (i) any matter referred to in paragraph (3)(a); or
              (ii) any matter arising under a provision of the Agreement which the Ministerial Council or Committee has determined does not apply to the Australian Capital Territory under clause 39.
       (4) Nothing in the Agreement requires the Australian Capital Territory:
(a) to contribute to the costs of or associated with remedying, any actual or anticipated damage referred to in paragraph 57(c) of the Agreement; or
(b) to meet any compensation for damage paid under clause 84 of the Agreement,

       except where the Australian Capital Territory has contributed to the construction, maintenance or operation expenses of