Groundwater (Border Agreement) Act 1985 (SA)

South Australia Groundwater (Border Agreement) Act 1985 An Act to approve and provide for carrying out an Agreement for the management of groundwater adjacent to the border of South Australia and Victoria; and for other purposes.

Contents 1 Short title 3 Act to bind Crown 4 Interpretation 5 Approval of Agreement 5A Approval of Amending Agreement 6 Constitution of Committee 7 Remuneration 8 Powers of the Minister 9 Powers of the Committee 10 Entry into land 11 Acquisition of land 12 Bores for observation and providing data 13 Annual report Schedule 2—The original Agreement Schedule 3—Border Groundwaters Agreement Amendment Agreement Consolidated Agreement Legislative history

The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the Groundwater (Border Agreement) Act 1985. 3—Act to bind Crown This Act binds the Crown. 4—Interpretation In this Act, unless the contrary intention appears— (a) Agreement means the Border Groundwaters Agreement, a copy of which is set out in Schedule 2, 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 3; and (b) words and expressions defined in the Agreement have the same meaning as in the Agreement. 5—Approval of Agreement The Agreement is approved. 5A—Approval of Amending Agreement The Amending Agreement is approved. 6—Constitution of Committee (1) The Minister shall appoint two members and one deputy member of the Committee. (2) A member or deputy member appointed under subsection (1) holds office, subject to this Act, for such period (not exceeding 5 years) as is specified in the instrument of appointment but is eligible for re-appointment. (3) The Minister may in the instrument of appointment of a member or deputy member specify terms and conditions of appointment not inconsistent with this Act. (4) The Minister may at any time remove or suspend a member or deputy member from office. (5) A member or deputy member may resign from the office of member by writing signed by the member and delivered to the Minister but the resignation does not have effect unless and until it is accepted by the Minister. 7—Remuneration A member or deputy member appointed under section 6(1), other than an officer or employee who holds a full-time office in the Public Service of the State, is entitled to be paid— (a) such remuneration as is specified in the instrument of appointment or as may be fixed from time to time by the Minister; and (b) such travelling and other allowances and expenses as may be fixed from time to time by the Minister. 8—Powers of the Minister The Minister has all the powers conferred on the Minister by the Agreement and must not exercise those powers except in accordance with this Act and the Agreement. 9—Powers of the Committee The Committee has all the powers conferred on the Committee by the Agreement and must not exercise those powers except in accordance with the Agreement. 10—Entry into land For the purposes of the Agreement— (a) a member of the Committee; or (b) a person who is so authorised by the Committee, may enter any lands and have free access to any bore situated on those lands. 11—Acquisition of land The Minister may, subject to and in accordance with the Land Acquisition Act 1969 acquire land for the purposes of the Agreement. 12—Bores for observation and providing data (1) The Minister or any person authorised by the Minister may establish, equip and maintain bores and ancillary works for any or all of the following purposes: (a) groundwater observation; (b) providing data for assessing groundwater resources; (c) predicting changes in the quality or quantity of groundwater that will be available; (d) monitoring the level of salinity and other chemical or bacteriological qualities in any aquifer. (2) Subsection (1) does not derogate from any power under the Landscape South Australia Act 2019. 13—Annual report The Minister shall cause a copy of an annual report submitted to the Minister under the Agreement to be laid before each House of Parliament within 14 sitting days of the Minister's receipt of the report if Parliament is then in session, but if Parliament is not then in session, within 14 days of the commencement of the next session of Parliament.