Interstate groundwater agreements to prevail over Act
6 Interstate groundwater agreements to prevail over Act
S. 6(1) amended by No. 52/1998 s. 311(Sch. 1 item 105.3), substituted by No. 5/2002 s. 5(1).
Every power, discretion, function, authority and duty of the Minister, the Authority and the Tribunal under this Act must be construed subject to—
the Groundwater (Border Agreement) Act 1985 and the agreement approved by that Act; and
S. 6(1)(b) substituted by No. 75/2008 s. 22.
the Murray-Darling Basin Act 1993 and the Murray-Darling Basin Agreement.
S. 6(2) amended by Nos 52/1998 s. 311(Sch. 1 item 105.3), 5/2002 s. 5(2)(a)(b).
A purported exercise of a power, discretion, function, authority or duty by the Minister, an Authority or the Tribunal is of no effect to the extent that it is inconsistent with an agreement referred to in subsection (1).
S. 6(3) inserted by No. 5/2002 s. 5(3).
An agreement referred to in subsection (1) prevails over a right to take or to use water conferred by or under this Act, other than section 7(1), 8(1) or 8(4)(c).
S. 6(4) inserted by No. 5/2002 s. 5(3).
The Minister, an Authority or the Tribunal, in exercising a power, discretion, function, authority or duty under this Act, must not act in a manner detrimental to or inconsistent with the operation of an agreement referred to in subsection (1).
S. 6AA inserted by No. 23/2019 s. 8.
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