The commission, or any commissioner, may be compelled by a mandamus or other order made by the High Court of any of the said states, or (to the extent that the High Court of Australia has or may acquire jurisdiction in the matter) by the High Court of Australia , to carry out the functions of the Commission or the Commissioner (as the case may be) under this Act. In accordance with this law and the agreement, permission is hereby granted for the construction, maintenance, operation and control of the works, and for the execution of the work referred to in the agreement.
A contracting Government having, pursuant to the agreement, the control of any lock, or any authority or person
In any case where the amount awarded is a quarter of the amount claimed less than the amount claimed, the person who claimed compensation must “pay the other party his costs of the case. A Contracting Government which under the Agreement has control over any lock or any authority or person.
The powers of vesting Crown lands, and of entering upon and taking possession of and acquiring or resuming
7 likely to be inundated by the construction, maintenance, operation or control of any works under this Aet. No rates, taxes~ or duties of any kind (whether ~tat.e, . taxes. mumcipal or otherwise) shall be imposed, made or levied m. This does not affect the existing or acquiring rights of a person in the public administration of South Australia.
All reports, statements, and estimates received under this Act by the Governor shall be laid before both Houses of
Vol. 7] River Murray Waters Act, 1935
- Every person who unlawfully and maliciously destroyR or damages or attempts to destroy or damage, any works or
- Every minute or record of the proceedings of the com- mission, if signed by the commissioners, or a copy thereof
- A document signed by and purporting to contain the decision of an arbitrator appointed under the provisions of
- The production of a document purporting to be a copy of a regulation made by the commission and to be signed by
- In any information preferred or proceedings instituted, by the Minister in relation to works, or any property or
- Proceedings in respect of offences against this Act, or any regulation under this Act, not being indictable offences,
- Subject to the provisions of the agreement, all moneys required for the purposes of this Act shall be paid out of
7 generally that the property or item for which such information is preferred, or the proceeding has been initiated, is the property of the Minister; and such statement or objection shall be deemed true until proven otherwise. Proceedings in respect of offenses against this Act, or any regulation under this Act, which are not indictable offences, or any regulation under this Act, which are not criminal offences, shall be heard and determined summarily. In accordance with the provisions of the agreement, all moneys required for the purposes of this Act shall be paid out of moneys required for the purposes of this Act shall be paid out of moneys provided by Parliament for such purposes.
SCHEDULES
THE FIRST SCHEDULE
The Commission will not describe as formal any business in which the interests of any two of the contracting Governments are different. The Commissioner appointed by the Governor-General shall be the President of the Commission and shall have a consultative vote, but shall not have a casting vote, except in the case of formal business. All works provided for in the next preceding clause to be constructed at points between the mouth of the Murray River and Wentworth shall be constructed by the Government of South Australia.
The aforementioned weirs and locks must be built in such a way that they provide for vessels drawing five feet of water at all times of the year. The construction of the work shall be carried out in accordance with the designs so approved. It is agreed between the Governments of New South Wales and Victoria that the provisions of this Agreement shall apply mutatis mutandis to any works in the River Murray above Echuca for the purpose of diverting water.
If the governments concerned do not agree on the proportion of water proposed to be diverted, the Commission shall make a final decision on the matter at the request of the governments or either of them. All expenses of the Commission (except the salary and expenses of each Administrative Commissioner, which are paid by the Contracting Government representing the expenses) shall be borne in equal shares by the Contracting Governments. Of the moneys paid by a Contracting Government to the Commission under this Agreement, the unexpended amounts on the thirtieth day of June in any year shall be available for expenditure in the twelfth year.
Vol. 7] River Murray Waters Act, 1935
- MISCELLANEOUS
- INTERPRETATION
- H. FORREST, J
- A. HOLMAN
- J. PEACOCK
- H. PEAKE
After the commencement of the Lake Victoria works, the State of South Australia may at any time divert to Lake Victoria to impound or store therein the waters of the Murray River flowing to the place or places of intake or discharge for the diversion to Lake Victoria, except the part greater of such waters as under this Agreement, New South Wales or Victoria shall have permitted to pass the river for supply by diversion or use in or in their respective territories or as may be required for the purposes of this Agreement in all countries under any such country. Subject to this Agreement and the acts ratifying the same and any right on the effective date of this Agreement lawfully exercised by an occupier of land on the shore of said lake to use the water situated in said lake for domestic purposes or for watering cattle or other livestock or for gardens not exceeding five acres in extent used in connection with a dwelling. The decision of an arbitrator appointed to decide such a question shall be binding on the Commission and the Contracting Governments and shall be deemed to be the opinion of the Commission.
A Contracting Government shall, at the request of the Commission, supply to the Commission all such information and particulars as the Commission may require for the purposes of this Agreement and as such the Government is able to supply. All reports, statements and estimates of the Commission required by this Agreement to be sent to the Contracting Governments or any of them and all reports of persons appointed to examine and audit the books, accounts and evidence of the Commission shall to the Governor-General or the Governor (as the case may require). Such weirs and locks across and in the Murray River and such regulators as may be necessary for the purposes of the Lake Victoria storage or the navigation of the Murray River.
That piece of land situated in the State of New South Wales and covered with water, now known as Lake Victoria with the two streams of water known as Rufus River and French Creek connecting the Murray River with the said lake for and throughout of them from said river to the said lake; also so much of the shores and shores of the said lake and watercourses, and of land adjoining thereto, as shall be sufficient for all purposes of access and use and enjoyment of the works of Lake Victoria.
THE SECOND SCHEDULE
34;Contracting Governments in the proportions set forth in clause thirty-two of this Agreement'' and inserting in its place the words "State Contracting Governments in equal proportions to be used by them for the cost of lock-keeping and the maintenance of navigation works constructed in terms of this Agreement.''. Notwithstanding anything contained in clause 32 of the Principal Agreement, the Commonwealth Government agrees to increase the proportion of the cost of carrying out the works mentioned in clause 20 of the Principal Agreement to one quarter to be borne by the Commonwealth Government and for the purposes of days 34, 36 and 37 of the Main Agreement the cost of carrying Qut the said works shall be deemed by. The provisions of this clause are agreed by the Commonwealth Government on the understanding that it is intended to carry QUt the Main Agreement subject to the modifications thereof made by this Agreement or mutually agreed at any time by all the Contracting Governments.
IN WITNESS WHEREOF, the said parties to these presents have hereunto set their hands and seals the day and year first above written.
THE THIRD SCHEDULE
AMENDMENT OF PRINCIPAL AGREEMENT AS AMENDED BY AMENDING AGREEMENT
Operation and control maintenance cost-. i.) measuring stations for making and recording the meters mentioned in point 18 of this Agreement; and. ii.) the works mentioned in point 20 of this Agreement, when completed, will be borne by the Contracting State Governments in equal parts.''. The commission will prepare in the month of March of each year detailed estimates of the amounts of money requested respectively during the twelve months from the first day of July onwards. a) for the cost of performing the works mentioned in chwsc 20 of this Agreement; and. A copy of the detailed estimate of the amount of money required for the cost of carrying out the works referred to in paragraph 20 of this Agreement shall be forwarded to each Contracting Government and the Contracting Governments shall provide the amount of m() ncy required according to the shares defined in clause 32 of this Agreement and to pay the same to the Commission before the expiry of the said period of twelve months.
A copy of the detailed estimate of the amount of money required for the costs of the maintenance and control operation referred to in paragraph 33 of this Agreement shall be forwarded to each of the Contracting State Governments and the Contracting State Governments shall provide the amount of money so required in accordance with the shares defined in point 33 hereof. Agreement and shall pay the same to the Commission before the expiration of the said period of twelve months''; and. If the excess expenditure relates to the cost of carrying out the work referred to in paragraph 20 of this Agreement, a copy of the detailed estimate shall be forwarded to each of the Contracting Governments and the Contracting Governments shall give their respective share in accordance with to the shares defined in point 32 of this Agreement and pay the same to the Commission before the expiration of that year. If the excess expenditure relates to the operating costs of maintenance and control referred to in paragraph 33 of this Agreement, a copy of the detailed estimate shall be forwarded to each of the Contracting State Governments and the Contracting State Governments shall give their share corresponding in accordance with the shares defined in point 33 of this Agreement and pay the same to the Commission before the expiration of that year.''.
Governments of the Contracting States' shall mean all the Governments of the States which are parties to this Agreement.''
H. DUNCAN
Signed sealed and delivered by the above 1 named JOSEPH ALOYSIUS LYONS, in the presence of-. Signed sealed and delivered by the above BERTRAM SYDNEY BARNSDALE STEVENS, in the presence of-.
THE FOURTH SCHEDULE
Regulations
