Document ID: chunk:federal_register_of_legislation:C2004C00608:section:7:p6
Version: federal_register_of_legislation:C2004C00608
Segment Type: section
Provision Reference: s 7 (pt 6/8)
Character Range: 17051–19641

the Territory.
11. The surrender of the Territory to the Commonwealth shall not be deemed to abridge the right of the State or of the residents therein to the reasonable use of the waters of the Murrumbidgee River for conservation or irrigation.
12. When any dispute or matter authorized or directed by this Agreement to be settled by arbitration has arisen, then, unless the parties hereto concur in the appointment of a single arbitrator, the dispute or matter shall be referred for decision to two arbitrators, one to be appointed by the Prime Minister for the time being of the Commonwealth and one by the Premier for the time being of the State, and the arbitration shall be subject as nearly as practicable to the laws relating to arbitration in force in the State.
13. This Agreement shall not in any way be binding unless and until it is approved by the Parliaments of the Commonwealth and of the State, and legislation is passed enabling the Commonwealth and the State to effect the surrender and acceptance of the Territory.

AND WHEREAS doubts have arisen as to the meaning of the provision of the Constitution that such portion of the Territory as shall consist of Crown lands shall be granted to the Commonwealth without any payment therefor, IT IS HEREBY FURTHER AGREED as follows:
14. The Commonwealth shall account to the State for any purchase money received by the Commonwealth in respect of any grant of an estate in fee simple in the Territory—
    (a) made by the State before the date of the surrender, or
    (b) contracted before that date to be so made, either unconditionally or upon conditions which (except as to the payment of purchase money) have been wholly fulfilled at that date.
15. The State shall make no claim for payment in respect of—
    (a) the value of the waste lands of the Crown in the Territory; or
    (b) the rents and profits, after the date of surrender, of any land in the Territory held from the Crown under any estate less than an estate in fee simple; or
    (c) the value of the right, title, estate, or interest of the Crown in reversion or expectancy upon the termination of any such estate as mentioned in the last preceding paragraph; or
    (d) the purchase money for the grant by the State of any conditional estate in any land in the Territory, in respect of which at the date of the surrender there remains unfulfilled any condition precedent (other than the payment of purchase money) to the grant of an estate in fee simple.

Second Schedule—Description of the territory
Counties of Murray and Cowley, area about nine hundred