Groundwater (Border Agreement) (Amendment) Act 2005

i Groundwater (Border Agreement) (Amendment) Act 2005 Act No. 79/2005 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. Definition of "Agreement" and "Amending Agreement" 2 4. New section 5A inserted 2 5A. Approval of Amending Agreement 2 5. Amendment of Water Act 1989 2 6. Heading to Schedule substituted 3 7. New Schedule 2 inserted 3 SCHEDULE 2—Border Groundwaters Agreement Amendment Agreement 3 ═══════════════ ENDNOTES 14 -- 1 of 15 -- 1 Groundwater (Border Agreement) (Amendment) Act 2005 † [Assented to 22 November 2005] The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to amend the Groundwater (Border Agreement) Act 1985 to approve and give effect to the Border Groundwaters Agreement Amendment Agreement. 2. Commencement This Act comes into operation on a day to be proclaimed. Victoria No. 79 of 2005 -- 2 of 15 -- Act No. 79/2005 Groundwater (Border Agreement) (Amendment) Act 2005 2 3. Definition of "Agreement" and "Amending Agreement" For section 4(a) of the Groundwater (Border Agreement) Act 1985 substitute— '(a) "Agreement" means the Border Groundwaters Agreement, a copy of which is set out in Schedule 1, as that Agreement is amended by the Amending Agreement; and (ab) "Amending Agreement" means the Border Groundwaters Agreement Amendment Agreement, a copy of which is set out in Schedule 2; and'. 4. New section 5A inserted After section 5 of the Groundwater (Border Agreement) Act 1985 insert— "5A. Approval of Amending Agreement The Amending Agreement is approved.". 5. Amendment of Water Act 1989 In section 83(3) of the Water Act 1989— (a) for "the Schedule" substitute "Schedule 1"; and (b) after "1985)" insert "as that agreement is amended by the Border Groundwaters Agreement Amendment Agreement (a copy of which is set out in Schedule 2 to that Act)". s. 3 See: Act No. 10218 and amending Act No. 81/1989. LawToday: www.dms. dpc.vic. gov.au See: Act No. 80/1989. Reprint No. 7 as at 1 December 2003 and amending Act Nos 46/2003, 48/2003, 12/2004, 81/2004, 82/2004 and 108/2004. LawToday: www.dms. dpc.vic. gov.au -- 3 of 15 -- Act No. 79/2005 Groundwater (Border Agreement) (Amendment) Act 2005 3 6. Heading to Schedule substituted In the heading to the Schedule to the Groundwater (Border Agreement) Act 1985, for "SCHEDULE" substitute "SCHEDULE 1". 7. New Schedule 2 inserted After Schedule 1 to the Groundwater (Border Agreement) Act 1985 insert— 'SCHEDULE 2 BORDER GROUNDWATERS AGREEMENT AMENDMENT AGREEMENT AN AGREEMENT made this 18 day of 10, Two thousand and five between— THE STATE OF SOUTH AUSTRALIA of the first part and THE STATE OF VICTORIA of the second part. WHEREAS the South Australian and Victorian Governments wish to amend the Agreement made between the parties on 15th October 1985 (which Agreement is herein called “the principal agreement”), in order to provide the necessary capacity and flexibility to effectively manage the shared groundwater resources of western Victoria and the Mallee and south-eastern South Australia. NOW IT IS HEREBY AGREED as follows— Interpretation. 1. Unless the contrary intention appears, expressions used in this Agreement have the same meanings as in the principal agreement except as amended by this Agreement. Definitions. 2. (1) The following definitions shall be inserted in place of those in clause 1 of the principal agreement— ‘ “Bore” with respect to South Australia, means any well as defined by section 3 of the Natural Resources Management Act 2004 and with respect to Victoria, means any bore as defined by section 3 of the Water Act 1989, but in neither case includes any well or bore from which water is extracted or proposed to be s. 6 -- 4 of 15 -- Act No. 79/2005 Groundwater (Border Agreement) (Amendment) Act 2005 4 extracted for one or more of the following purposes and for no other purposes— (a) household purposes; (b) watering animals kept for domestic and stock purposes; or (c) the irrigation of a garden not exceeding 0⋅4 hectares in extent used solely in connection with a dwelling and from which no produce is sold. “Granting authority” means— (a) in the case of South Australia, the Minister administering the Natural Resources Management Act 2004; and (b) in the case of Victoria, the Minister administering the Water Act 1989. “Groundwater” with respect to South Australia means any underground water as defined by section 3 of the Natural Resources Management Act 2004 and with respect to Victoria means any groundwater as defined by section 3 of the Water Act 1989. “Minister” with respect to South Australia means the Minister administering the Natural Resources Management Act 2004 and with respect to Victoria means the Minister administering the Water Act 1989. “Permissible annual volume” means the permissible annual volume of extraction specified for a particular zone or aquifer within a zone in the Second Schedule, or in relation to a particular zone or aquifer within a zone, such other volume as has been determined by the Committee under clause 28(2). “Permissible distance from the border between the State of South Australia and the State of Victoria” means a distance of one kilometre from that border, or in relation to a particular zone, sub-zone, or aquifer within a zone or sub-zone, such other distance as has been determined by the Committee under clause 28(2). s. 7 -- 5 of 15 -- Act No. 79/2005 Groundwater (Border Agreement) (Amendment) Act 2005 5 “Permit” means— (a) any licence provided for in section 146 of the South Australian Natural Resources Management Act 2004; (b) any permit provided for in section 135 of the South Australian Natural Resources Management Act 2004; (c) any licence provided for in Part 5 of the Victorian Water Act 1989; (d) any licence provided for in section 51 of the Victorian Water Act 1989.’. (2) The following definition shall replace the definition “Permissible level of salinity” in clause 1 of the principal agreement— ‘ “Permissible salinity” means— (a) a maximum rate of increase; and/or (b) a designated maximum level— of salinity, measured as electro-conductivity of so many microsiemens per centimetre at twenty-five degrees Celsius, that must not be exceeded as may be agreed upon by the Minister of each Contracting Government for a particular zone, sub-zone or aquifer within a zone or sub-zone, pursuant to clause 28(6), or in relation to a particular zone, sub-zone or aquifer within a zone or sub-zone, such other rate and/or level as has been agreed upon by the Minister of each Contracting Government under clause 28(4).’. (3) The following two definitions shall replace the definition of “Permissible rate of potentiometric surface lowering” in clause 1 of the principal agreement. The first definition shall be inserted immediately before the definition for “Permissible salinity” and the second definition shall be inserted immediately after the definition for “Permit”— ‘ “Permissible potentiometric surface lowering” means— (a) a rate set out in the Third Schedule or such other rate as has been agreed upon by the Minister for each Contracting Government under clause 28(4), and/or (b) the potentiometric surface level as agreed upon by the Minister of each Contracting Government under clause 28(4). s. 7 -- 6 of 15 -- Act No. 79/2005 Groundwater (Border Agreement) (Amendment) Act 2005 6 “Potentiometric surface lowering” means— (a) a rate of potentiometric surface lowering that must not be exceeded, and/or (b) a potentiometric surface level that must not be exceeded— for a particular zone, sub-zone or aquifer within a zone or sub-zone.’. (4) The following additional terms shall be defined in clause 1 of the Agreement— The following definition shall be inserted immediately before the definition for “Aquifer”— ‘ “Allowable annual volume” means the allowable annual volume of extraction specified for a particular sub-zone or aquifer within a sub-zone as has been determined by the Committee under clause 28(7).’. The following definition shall be inserted immediately after the definition for “Schedule” and immediately before the definition for “Zone”— ‘ “Sub-zone” means a subdivision of a zone with boundaries determined by the Committee under clause 28(7).’. Approval. 3. (1) This Agreement, other than clause 3(2), is subject to approval by the Parliaments of the States of South Australia and Victoria; and shall come into effect when so approved. (2) The Contracting Governments hereby agree to submit this Agreement for approval to the respective Parliaments of the said States as soon as practicable after the date of this Agreement. Application of legislation. 4. The following clause shall replace clause 25 in the principal agreement— “25. Subject to the provisions of this Agreement — (a) the provisions of the South Australian Natural Resources Management Act 2004 and of regulations made thereunder shall apply to such portion of the State of South Australia as is within the Designated Area; s. 7 -- 7 of 15 -- Act No. 79/2005 Groundwater (Border Agreement) (Amendment) Act 2005 7 (b) the provisions of the Victorian Water Act 1989 and of regulations made thereunder shall continue to apply to such portion of the State of Victoria as is within the Designated Area— and the provisions of those Acts and regulations shall respectively be applied to— (i) all bores existing within the Designated Area at the date of this Agreement; (ii) all applications to construct, deepen, enlarge or alter bores or to extract water therefrom as are made after the date of this Agreement; and (iii) any bores constructed, deepened, enlarged or altered or from which water is extracted, after the date of this Agreement.”. Management Prescriptions. 5. The following clause shall replace clause 26 in the principal agreement— “26. (1) Subject to clause 28 no application for a permit shall be granted and no permit renewed— (a) in relation to the construction, deepening, enlarging or altering of any bore which passes or will pass through two or more aquifers unless a condition is attached to such permit which requires that an impervious seal be made and maintained between such aquifers; (b) in relation to the construction, deepening, enlarging or altering of any bore, or the extraction of water from any bore, in a particular zone, or aquifer within a zone, where the effect of extracting water from that bore would be to exceed the permissible annual volume for that particular zone, or aquifer within a zone; (c) in relation to the construction, deepening, enlarging or altering of any bore, or the extraction of water from any bore, in a particular zone, sub-zone or aquifer within a zone or sub-zone if that bore is situated within, or proposed to be situated within, a distance less than the permissible distance from the border between the State of South Australia and the State of Victoria for that zone, sub-zone or aquifer within a zone or sub-zone unless the Committee has first considered the matter and determined that such application may be granted or such permit may be renewed; s. 7 -- 8 of 15 -- Act No. 79/2005 Groundwater (Border Agreement) (Amendment) Act 2005 8 (d) in relation to the construction, deepening, enlarging or altering of any bore, or the extraction of water from any bore, where the bore is situated, or proposed to be situated, in a particular sub-zone or aquifer within a sub- zone, where the effect of extracting water from that bore would be to exceed the allowable annual volume for a particular sub-zone or aquifer within a sub-zone.”. 6. The following sub-clause shall be inserted immediately after clause 26(1) and immediately before clause 27 in the principal agreement— “(2) Subject to clause 28— (a) no application for a permit shall be granted and no permit renewed; or (b) a period of restriction shall be declared subject to clause 29(3)— where the potentiometric surface lowering has exceeded the permissible potentiometric surface lowering in a particular zone, sub- zone or aquifer within a zone or sub-zone over the preceding five years.”. Preparation of reports. 7. The following paragraph shall replace clause 27(1)(d) in the principal agreement— “(d) details of the potentiometric surface levels obtained from observation bores within each particular zone, sub-zone or aquifer within a zone or sub-zone in the preceding year ending on 30 June; and”. 8. The following paragraph shall replace clause 27(1)(e) in the principal agreement— “(e) the rate of increase or level of salinity in such bores within a particular zone, sub-zone or aquifer within a zone or sub-zone as shall be specified by the Committee in the preceding year ending on 30 June.”. 9. The following sub-clause shall replace clause 27(3) in the principal agreement— “(3) In this clause “Observation bore” with respect to South Australia, means any well as defined by section 3 of the Natural Resources Management Act 2004 and with respect to Victoria, means any bore as defined by section 3 of the Water Act 1989.”. s. 7 -- 9 of 15 -- Act No. 79/2005 Groundwater (Border Agreement) (Amendment) Act 2005 9 Powers of Review Committee. 10. The following sub-clause shall replace clause 28(2) in the principal agreement— “(2) At intervals of not more than five years, the Committee shall review— (a) the permissible distance from the border between the State of South Australia and the State of Victoria in relation to a particular zone, sub-zone or aquifer within a zone or sub-zone; (b) the permissible annual volume of extraction in relation to a particular zone or aquifer within a zone; (c) the allowable annual volume of extraction in relation to a particular sub-zone or aquifer within a sub-zone— and shall have the power to alter any or all of the same in relation to a particular zone, sub-zone or aquifer within a zone or sub-zone.”. 11. The following sub-clause shall replace clause 28(3) in the principal agreement— “(3) At intervals of not more than five years, the Committee shall review— (a) the permissible potentiometric surface lowering; (b) the permissible salinity (if any) established pursuant to sub-clause (6)— in relation to each particular zone, sub-zone or aquifer within a zone or sub-zone and if the Committee is satisfied that alteration to any or all of the same is desirable in relation to a particular zone, sub-zone or aquifer within a zone or sub-zone, it may recommend any such alteration to the Minister of each Contracting Government.”. 12. The following sub-clause shall replace clause 28(4) in the principal agreement— “(4) Where the Minister of each Contracting Government agrees with any such recommendation, the permissible potentiometric surface lowering and/or the permissible salinity, for a particular zone, sub- zone or aquifer within a zone or sub-zone shall be deemed to have been altered in accordance with any such recommendation.”. s. 7 -- 10 of 15 -- Act No. 79/2005 Groundwater (Border Agreement) (Amendment) Act 2005 10 13. The following sub-clause shall replace clause 28(5) in the principal agreement— “(5) The Committee may at any time recommend to the Minister of each Contracting Government that a permissible salinity be declared for a particular zone, sub-zone or aquifer within a zone or sub-zone.”. 14. The following sub-clause shall replace clause 28(6) in the principal agreement— “(6) Where the Minister of each Contracting Government agrees with any such recommendation, a permissible salinity shall be deemed to have been declared for that particular zone, sub-zone or aquifer within that zone or sub-zone in accordance with that recommendation.”. 15. The following sub-clause shall be inserted immediately after clause 28(6) and immediately before clause 29 of the principal agreement— “(7) The Committee, having regard to the size and variability of a zone, may— (a) divide the zone or the aquifer within a zone into two or more sub-zones; (b) determine the boundaries of a particular sub-zone or aquifer within a sub-zone; (c) determine the allowable annual volume for the sub-zone or aquifer within a sub-zone that does not exceed that permissible annual volume of which the sub-zone forms part; (d) determine the permissible distance from the border between the State of South Australia and the State of Victoria for a particular sub-zone or aquifer within a zone or sub-zone— and shall have the power to alter any or all the same in relation to a particular sub-zone or aquifer within a sub-zone.”. Periods of Restriction. 16. The following sub-clause shall replace clause 29(3) in the principal agreement— “(3) A period of restriction may be declared in relation to any zone, sub-zone or aquifer within a zone or sub-zone notwithstanding that the permissible annual volume or the allowable annual volume or the permissible salinity (if any) or the permissible potentiometric surface lowering for that zone or sub-zone, or any or all of them, has not been exceeded in any previous year.”. s. 7 -- 11 of 15 -- Act No. 79/2005 Groundwater (Border Agreement) (Amendment) Act 2005 11 Publication of declarations, etc. 17. The following clause shall replace clause 31 in the principal agreement— “31. Any alteration made under clause 28(2) or 28(4) or 28(7) or any declaration made under clause 28(6) or 29(1) with respect to any zone or sub-zone shall be published in the Government Gazette of the Contracting Government within whose jurisdiction such zone is situate and in a newspaper circulating in that zone or sub-zone and shall take effect from the date of such publication in the Government Gazette.”. 18. The following Schedule shall replace the SECOND SCHEDULE of the principal agreement— SECOND SCHEDULE Permissible annual volume (Megalitres) Zone Tertiary Limestone Aquifer Tertiary Confined Sand Aquifer 1A 30900 9200 1B 45720 14500 2A 25000 2900 2B 25000 5100 3A 24000 1900 3B 16500 1000 4A 20000 710 4B 14000 300 5A 18500 540 5B 11949 570 6A 8850 360 6B 9838 360 7A 7500 350 7B 6600 350 8A 7700 340 8B 6760 330 9A 11595 570 9B 5960 630 10A 9400 320 10B 6720 560 11A 6861 0 11B 1823 0 s. 7 -- 12 of 15 -- Act No. 79/2005 Groundwater (Border Agreement) (Amendment) Act 2005 12 19. The following Schedule shall replace the THIRD SCHEDULE of the principal agreement— THIRD SCHEDULE Permissible potentiometric surface lowering Rate (metres per annum) Zone Tertiary Limestone Aquifer Tertiary Confined Sand Aquifer 1A 0⋅25 0⋅25 1B 0⋅25 0⋅25 2A 0⋅25 0⋅25 2B 0⋅25 0⋅25 3A 0⋅25 0⋅25 3B 0⋅25 0⋅25 4A 0⋅25 0⋅25 4B 0⋅25 0⋅25 5A 0⋅25 0⋅25 5B 0⋅25 0⋅25 6A 0⋅05 0⋅05 6B 0⋅05 0⋅05 7A 0⋅05 0⋅05 7B 0⋅05 0⋅05 8A 0⋅05 0⋅05 8B 0⋅65 0⋅65 9A 0⋅65 0⋅65 9B 0⋅65 0⋅65 10A 0⋅65 0⋅65 10B 0⋅65 0⋅65 11A 0⋅65 0⋅65 11B 0⋅65 0⋅65 20. Clause 24(2) in the principal agreement shall be deleted. s. 7 -- 13 of 15 -- Act No. 79/2005 Groundwater (Border Agreement) (Amendment) Act 2005 13 IN WITNESS WHEREOF this Agreement has been executed by the parties hereto as at the day and year first above-written. SIGNED on behalf of THE STATE OF VICTORIA by the Honourable STEVE BRACKS, Premier of Victoria, in the presence of— Rosa Silvestro       STEVE BRACKS SIGNED on behalf of THE STATE OF SOUTH AUSTRALIA by the Honourable MIKE RANN, Premier of South Australia, in the presence of— Nick Alexandrides       MIKE RANN '. ═══════════════ s. 7 -- 14 of 15 -- Act No. 79/2005 Groundwater (Border Agreement) (Amendment) Act 2005 14 ENDNOTES † Minister's second reading speech— Legislative Assembly: 11 August 2005 Legislative Council: 27 October 2005 The long title for the Bill for this Act was "to amend the Groundwater (Border Agreement) Act 1985 to approve and give effect to the Border Groundwaters Agreement Amendment Agreement, to amend the Water Act 1989 and for other purposes." Endnotes -- 15 of 15 --