Document ID: chunk:federal_register_of_legislation:C2024C00557:schedule:1:p64
Version: federal_register_of_legislation:C2024C00557
Segment Type: schedule
Provision Reference: sch 1 (pt 64/154)
Character Range: 801422–804273

be the decision of the Committee; and
(b) binds the Committee, the Ministerial Council and the Contracting Governments.
       (6) This clause does not apply to a resolution:
(a) on a question of law; or
(b) which has been decided by a majority vote of the Committee pursuant to a provision of this Agreement.

    141. Resolution of operational management and delivery inconsistencies
       (1) If the Authority or the Committee is of the opinion that there are operational management and delivery inconsistencies between the application of the Basin Plan and any State's management and delivery of State water entitlements or of entitlements to water exercised within its territory, the Committee must consider and seek to resolve the matter in accordance with this clause.
       (2) If the Committee is unable to resolve a matter before it under this clause that is of strategic significance (including a matter that is of strategic significance because it relates to State water entitlements), the Committee may request the Ministerial Council to make a strategic direction in relation to the matter.
       (3) A request made by the Committee under sub‑clause (2) must be accompanied by a statement that outlines the strategic significance of the relevant matter and details the question or questions on which the Committee seeks direction.

    142. Proposals to Amend Agreement
       (1) The Authority must review this Agreement:
(a) within twelve months of the Basin Plan first taking effect; and
(b) at any other time, as it thinks fit,
        and may, as a result of such a review, recommend to the Ministerial Council any amendments it thinks necessary or desirable.
       (2) The Authority must consult the Committee when carrying out a review under sub‑clause (1).

    143. Giving Information to the Authority
Each Contracting Government must give all the information it can to the Authority for the purposes of this Agreement, whenever the Authority requests it.

    144. Authorities to Observe Agreement
Each Contracting Government must ensure that any public authority which exercises functions under this Agreement, observes its provisions.
PART XVI—INDEMNITIES IN RESPECT OF COMMITTEE AND AUTHORITY

    145. Indemnity in Respect of Payments Made by Commonwealth
       (1) Subject to sub‑clauses 37(2) and 38(2), any payment made by the Commonwealth of Australia in respect of losses or costs incurred by it arising:
(a) from any act or omission of the Authority in the bona fide execution of the powers vested in the Authority by or under this Agreement;
(b) because of the operation of section 239F of the Water Act;
(c) because of the operation of either of sections 239J or 239K of the Water Act in respect of proceedings relating to the Commission or a person who was appointed as a President or Deputy President; or
(d)