Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p41
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 41/128)
Character Range: 188212–191101

must determine how proceeds from the disposal of surplus assets are:

(a) to be paid to the Authority and credited against future capital and renewal contributions by; or

(b) to be distributed among,

        the Contracting Governments, having regard to the contributions made by each Contracting Government to the acquisition of those assets.

       (3) A determination under sub‑clause (2) that relates to RMO assets must be consistent with the asset agreement.

    83. Revenue

       (1) Any money received by a Contracting Government or a public authority from the use of works subject to this Agreement must be paid to the Authority.

       (2) The Authority may provide and charge for goods and services incidental to its functions which are not otherwise provided for in this Agreement.

       (3) Money paid to the Authority under this clause must either:

(a) be expended on investigations, construction and administration costs; or

(b) applied in accordance with sub‑clause 80(1).

    84. Compensation for Damage by Works

The Contracting Governments must meet, in equal shares, any compensation for damage paid by a Constructing Authority pursuant to the Water Act or a State MDB Act:

(a) caused or arising from anything done by it in constructing, operating or maintaining any works or executing any measures provided for in this Agreement; and

(b) which has not been met or contributed to by the Authority under paragraph 57(c).

PART X ‑ REPORTS

    85. Preparation of Reports

As soon as practicable after the end of each financial year, the Chief Executive must prepare and give to the Ministerial Council a report as required under section 214 of the Water Act, which will include a report on the Authority's proceedings and activities during that year.

PART XI ‑ PROCEEDINGS IN DEFAULT

    86. Failure to Perform Works or Contribute Cost

       (1) The Authority must immediately notify the Committee, the Ministerial Council and each other Contracting Government if any Contracting Government fails, after being so required by the Authority to:

(a) do anything in relation to any works or measures; or

(b) pay any money to the Authority,

        which it is obliged to do or pay under this Agreement.

       (2) The Authority may, in consultation with the Committee, authorise one or more of the Contracting Governments which is not in default wholly or partly to make good any failure which relates to:

(a) the construction, operation or maintenance of any works;

(b) the carrying on of any operation; and

(c) the implementation of any measures.

       (3) A Contracting Government authorised by the Authority under sub‑clause (2):

(a) may enter the territory of the defaulting Contracting Government to do whatever it has been authorised to do by the Authority;

(b) shall be deemed to have all powers, licences