Murray-Darling Basin Act 2008

This Act may be cited as the Murray-Darling Basin Act 2008.

This Act will come into operation on a day to be fixed by proclamation.

Section 7(5) of the Acts Interpretation Act 1915 does not apply to this Act or a provision of this Act.

In this Act, unless the contrary intention appears—

Agreement means the Murray‑Darling Basin Agreement, a copy of which is set out in Schedule 1 of the Water Act 2007 of the Commonwealth, as in force from time to time;

authorised person means a person authorised under section 13;

Authority means the Murray‑Darling Basin Authority established under the Water Act 2007 of the Commonwealth;

Basin Officials Committee means the committee of that name established under the Agreement;

former Agreement means the agreement approved under the Murray-Darling Basin Act 1993 and includes—

all the amendments to that agreement agreed to by the Ministerial Council under that agreement before the commencement of this Act; and

any agreement that constituted a former Agreement under that agreement before the commencement of this Act;

land includes an estate or interest in land;

works means works constructed under a former Agreement or constructed, or to be constructed, under the Agreement.

Words used in this Act have the same respective meanings as in the Agreement.

The Minister is authorised to appoint—

a person as a member of the Basin Officials Committee representing the State; and

a person to act as the member of the Basin Officials Committee in place of a member appointed under paragraph (a) under the terms of the Agreement.

To be eligible for appointment under subsection (1), a person must be a person employed in the Public Service.

The appointment of a person under this section is not invalidated merely because of a defect or irregularity in connection with the appointment.

A person's appointment to act as a member of the Committee—

does not cease to have effect merely because the relevant member's appointment ceases to have effect; and

if that member is replaced by the appointment of another member—continues in effect in relation to the new member.

A person appointed to act as a member of the Committee may act as, and perform the functions and exercise the powers of, the relevant member—

during a vacancy in the office of the member, whether or not an appointment has previously been made to the office; or

during any period, or during all periods, when the member—

is absent from duty or Australia; or

is, for any reason, unable to attend a meeting of the Committee; or

is, for any reason, unable to perform the duties of the office.

Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because—

the occasion for the appointment had not arisen; or

there was a defect or irregularity in connection with the appointment; or

the appointment had ceased to have effect; or

the occasion to act had not arisen or had ceased.

A person appointed by the Minister as a member of the Basin Officials Committee (including to act as a member) will hold office on conditions determined by the Minister for a period, not exceeding 3 years, specified in the instrument of appointment and will, at the expiration of a term of office, be eligible for reappointment.

The Minister may, as the Minister thinks fit, terminate the appointment of a person before the expiration of a term of office under subsection (1).

The office of a person appointed by the Minister as a member of the Basin Officials Committee (including to act as a member) becomes vacant by force of this subsection if the person ceases to be employed in the Public Service.

Subject to this Act and the Agreement—

the construction, maintenance, operation and control in the State of any works; and

the carrying out of any of the operations referred to in the Agreement; and

the implementation of any of the measures referred to in the Agreement, are authorised.

The Minister may acquire, whether compulsorily or otherwise—

any land necessary for—

the construction, maintenance, operation and control of the works; or

the protection of those works; or

preserving or improving the quality or purity of the water to be supplied from those works; or

any other land necessary for or relating to or connected with the carrying out by the Authority of its functions or duties or the exercise by the Authority of its powers.

The compulsory acquisition of land by the Minister is subject to and must be undertaken in accordance with the Land Acquisition Act 1969.

The Minister may, in accordance with this Act and the Agreement—

construct, maintain, operate and control any works; and

carry out operations referred to in the Agreement; and

implement measures referred to in the Agreement.

Without limiting any other provision—

the Minister may act on behalf of the State as a Contracting Government under the Agreement; and

the Minister is appointed as a Constructing Authority under the Agreement for the purpose of constructing any works or executing any measures authorised by, or associated with, the Agreement.

The Minister is authorised to pay compensation for damage occasioned by, or arising out of, anything done by the Minister in—

constructing, maintaining, operating and controlling any works; or

carrying out operations referred to in the Agreement; or

implementing measures referred to in the Agreement.

The Minister—

may dispose of any lands acquired under section 7 or under a corresponding previous enactment that are no longer required for the purpose for which they were acquired; or

may grant a lease of any lands acquired under section 7 or under a corresponding previous enactment for purposes, including recreational purposes, consistent with the purpose for which the lands were acquired.

Land dedicated under the Crown Lands Act 1929 for the purposes of the Agreement may be used and occupied for those purposes by or on behalf of a Contracting Government.