Lake Eyre Basin Intergovernmental Agreement Act 2001

5.10.2 appoint the members of a committee to perform that function.

5.11 Whichever means of access to community advice the Ministerial Forum selects the following will apply:

5.11.1 There will be appropriate representation of:

Aboriginal interests;

pastoral interests;

agricultural interests;

mining and petroleum interests;

conservation interests;

tourism interests;

matters and interests affecting the Cooper Creek River system as referred to in clause 1.1 of this Agreement; and

matters and interests affecting the Diamantina River system as referred to in clause 1.1 of this Agreement; and

5.11.2 The following roles will be satisfactorily performed:

representation of the various interests referred to in sub‑clause 5.11.1;

the seeking out of community views relevant to matters covered by this Agreement and the communication of those views to the Ministerial Forum;

the communication of decisions and initiatives of the Ministerial Forum to the various communities; and

the performance of such other functions relevant to this Agreement as the Ministerial Forum may require.

5.12 This clause will apply if the Ministerial Forum chooses to adopt one or more independently formed groups, committees or bodies to provide advice representation and feedback.

Subject to the availability of funds under Part XI of this Agreement, the independently formed groups committees and bodies will receive such allowances and expenses as the Ministerial Forum may from time to time determine, such payments to be disbursed or divided amongst individual members in such manner as those groups committees or bodies may themselves decide.

The Ministerial Forum may at any time determine that any one or more or all of the adopted groups committees or bodies will cease to be its provider of community advice, representation and feedback provided however that the Ministerial Forum will within a reasonable time (and in any event before any relevant significant decisions are made) replace that source of community advice in accordance with this Agreement.

5.13 This clause will apply if the Ministerial Forum chooses to appoint a committee to provide community advice, representation and feedback.

Each member will be appointed by the Ministerial Forum.

In appointing members to represent Aboriginal interests the Ministerial Forum will have regard, as a fundamental element of its decisions, to such recommendations as the Aboriginal communities of the Lake Eyre Basin Agreement Area may choose to make.

The Ministerial Forum may appoint members of the committee from time to time to fill vacancies.

The Ministerial Forum may at any time appoint to the committee such additional members as it thinks fit.

The appointment of members of the committee will be for a period of three years from the date of each appointment provided however that members will be eligible for re‑appointment for such terms from time to time as the Ministerial Forum thinks appropriate.

Subject to the availability of funds under Part XI of this Agreement, a member of the committee will receive such allowances and expenses as the Ministerial Forum may from time to time determine.

The Ministerial Forum may at any time terminate the appointment of individual members or disband the committee:

if of the opinion that the member or members or the committee is or are no longer substantially representing the interests or matters in respect of which the member or members or the committee as the case may be was or were appointed; or

for such reason as the Ministerial Forum considers appropriate, provided however that the Ministerial Forum will within a reasonable time (and in any event before any relevant significant decisions are made) appoint or re‑appoint members of the committee in accordance with this Agreement, or, if the whole committee has been disbanded, replace that source of community advice in accordance with this Agreement.

The Ministerial Forum may appoint to the committee the individual members of a group, committee or body independently formed. To the extent that may be necessary to satisfy the requirements of this Agreement, the Ministerial Forum will appoint additional members.

Part VI ‑ Conference

6.1 The Ministerial Forum may from time to time arrange a conference to be attended by the members of the Ministerial Forum, members of committees appointed or adopted under this Agreement and of other interested groups, interested individuals, scientific and technical advisers and senior government officers.

6.2 There will be a conference at least once before the second anniversary of the effective date of this Agreement and thereafter on at least a biennial basis.

6.3 The purpose of such conferences will be to exchange information and views on issues relevant to the operation of this Agreement.

Part VII ‑ Scientific and Technical Advice

7.1 The Ministerial Forum may seek scientific and technical advice relevant to this Agreement from such persons or bodies as it thinks appropriate. In particular, the Ministerial Forum may obtain scientific and/or technical advice in relation to the identification of requirements for the effective monitoring of the condition of the rivers and catchments within the Lake Eyre Basin Agreement Area and the establishment of programs to meet those requirements.

7.2 The Ministerial Forum may if it thinks appropriate, establish a panel of scientists and technicians for the purpose of providing advice to the Ministerial Forum relevant to this Agreement.

Part VIII ‑ Policies and Strategies

8.1 The Ministerial Forum will, without unnecessary delay, develop or adopt Policies and Strategies for the management of the Lake Eyre Basin Agreement Area in accordance with the purpose, objectives and Principles set out in this Agreement.

8.2 The Ministerial Forum may vary or revoke such Policies and Strategies, and may make supplementary Policies and Strategies.

8.3 The Ministerial Forum may adopt management plans prepared by the States if those plans are consistent with this Agreement and with the Policies developed or adopted by the Ministerial Forum for the management of the Lake Eyre Basin Agreement Area, and once adopted, such management plans prepared by the States will be treated as plans of the Ministerial Forum under this Agreement.

Content of Policies and Strategies

8.4 The Policies and Strategies will make provision for such matters as the Ministerial Forum thinks fit, including but not limited to:

objectives for water quality and river flows;

objectives for water and related natural resource management in the Lake Eyre Basin Agreement Area for the achievement of the water quality and river flow objectives;

catchment management policies and strategies for the achievement, as far as practicable, of the water quality and river flow objectives;

policies for dealing with relevant existing entitlements under State laws and significant water related developments; and

research and monitoring requirements and programs to meet those requirements.

Part IX ‑ Ratification and Effective Date

9.1 This Agreement, other than Part IX, is subject to approval and ratification by the Parliaments of South Australia and Queensland and will come into effect when so approved and ratified by the Parliaments of both States.

9.2 Any amendment of this Agreement, including the addition or amendment of a Schedule approved by the Ministerial Forum under clause 10 or 12, is subject to approval and ratification by the Parliaments of South Australia and Queensland and will come into effect when so approved and ratified.

9.3 Each State will take all practical steps to seek the enactment of legislation:

approving and ratifying this Agreement, and any amendment to this Agreement which may be approved by the Ministerial Forum from time to time, on behalf of the State; and

authorising and requiring the performance and observance of this Agreement by the Government of the State.

Part X ‑ Review and Amendment

Review

10.1 The Ministerial Forum must cause a review of:

the operation of this Agreement; and

the extent to which the objectives set out in Clause 2.2 of this Agreement have been achieved, to be undertaken without unnecessary delay after the fifth anniversary of the effective date of this Agreement, and thereafter on a ten yearly basis.

10.2 A report of each review required under clause 10.1 is to be tabled in the Parliament of each State and presented to the Commonwealth Minister within 12 months after completion of it.

10.3 The Ministerial Forum must cause a review of all Policies and Strategies to be undertaken without unnecessary delay after the fifth anniversary of the development or adoption of them, and thereafter as necessary but in any event not less frequently than every ten years.

10.4 The Ministerial Forum must cause a review of the condition of all watercourses and catchments within the Lake Eyre Basin Agreement Area to be undertaken without unnecessary delay after the effective date of this Agreement, and thereafter on a ten yearly basis.

Amendment

10.5 The Ministerial Forum may approve such amendments to this Agreement, including amendments to or addition of schedules to this Agreement, as the Ministerial Forum considers desirable from time to time.

Part XI ‑ Funding and Accountability Arrangements

11.1 Subject to the availability of respective appropriations, the Commonwealth and the States will make available all necessary financial and other resources for the establishment and operation of the Ministerial Forum and associated institutional arrangements.

11.2 The Commonwealth and the States will determine and agree appropriate cost‑sharing arrangements which reflect their respective roles and responsibilities under this Agreement.

11.3 Any group committee or body appointed or adopted under Part V and which receives funding under this Agreement will produce to the Ministerial Forum in respect of each financial year a full account of its application of all funds received by it together with a report of its activities towards which such funding has been applied.

Part XII ‑ Further Parties

Accession by New Parties

12.1 The State of New South Wales and the Northern Territory may become parties to this Agreement:

with the consent of the existing Parties; and

on such terms and conditions as may be prescribed by the existing Parties in a Schedule to this Agreement.

12.2 The Ministerial Forum may approve any Schedule prepared pursuant to Clause 12.1(b).

12.3 This Agreement will not apply to the State of New South Wales or the Northern Territory until:

a copy of the Agreement incorporating the Schedule provided for in Paragraph 12.1(b) has been signed on behalf of that State or Territory and the Parliament of that State or Territory has approved this Agreement, including the Schedule; and

the Schedule has been approved and ratified by the States under Part IX.

12.4 Each State will take the steps referred to in Part IX for the approval and ratification of any schedule approved by the Ministerial Forum under this clause.

Part XIII ‑ General

Counterparts

13. This Agreement may be executed in any number of counterparts and all of those counterparts taken together constitute one and the same instrument.

Signed by The Minister for the )

)

Environment and Heritage of the Commonwealth ) [Signature omitted]

) this 13th day of October 2000 ) in the presence of

[Signature omitted]

………………………………………………

Witness

Signed by The Minister for Environment )

) and Heritage and Natural Resources of )

) [Signature omitted] the State of Queensland )

) this 21st day of October 2000 ) in the presence of

[Signature omitted]

………………………………………………

Witness

The Common Seal of )

)

Minister for Water Resources )

) [Signature omitted] of the State of South Australia )

) affixed this 21st day of October 2000 ) in the presence of

[Signature omitted]

………………………………………………

Witness

Schedule 1: THE LAKE EYRE BASIN AGREEMENT AREA

[Minister's second reading speech made in-

Senate on 1 March 2001

House of Representatives on 4 April 2001] (4/01)