1998-1999-2000-2001

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

THE SENATE

LAKE EYRE BASIN INTERGOVERNMENTAL AGREEMENT BILL 2001

EXPLANATORY MEMORANDUM

(Circulated by authority of the Minister for the Environment and Heritage, 
Senator the Honourable Robert Hill)

ISBN:  0642 465878

LAKE EYRE BASIN INTERGOVERNMENTAL AGREEMENT BILL 2001

OUTLINE

The objective of this Bill is to give Commonwealth recognition of, and approval to, the Lake Eyre Basin Intergovernmental Agreement (the Agreement) between the Commonwealth, Queensland and South Australia.

The Commonwealth Minister for the Environment and Heritage, Senator the Honorable Robert Hill, signed the Agreement on behalf of the Commonwealth on 
13 October 2000.  The relevant Queensland and South Australian Ministers signed the Agreement on behalf of their respective governments on 21 October 2000.

While not legally required for implementation of the Agreement, Commonwealth legislation will confirm the Government’s commitment to sustainable management of the Lake Eyre Basin and the protection of dependent environmental and heritage values.  Consistent with the provisions of the Agreement, Commonwealth legislation will not take effect until the Queensland and South Australian Parliaments have also passed complementary enabling legislation.

The Bill consists of a commencement provision and a provision to approve the Agreement, which has been incorporated as a schedule to the Bill.

The Agreement establishes cooperative administrative and institutional arrangements between the respective governments.  These will address issues relating to the management of cross-border river systems and related natural resources in the Agreement Area.   The Agreement Area comprises the Cooper Creek and the Diamantina River ecosystems, including their tributaries, catchments, floodplains, overflow channels, lakes, wetlands and sub-artesian waters dependent on surface flows.

For this purpose, the Agreement establishes the Lake Eyre Basin Ministerial Forum, which will comprise one Minister each from the Commonwealth, Queensland and South Australia.  The Ministerial Forum will be responsible for the development and adoption of policies and strategies for the integrated catchment management of water and related natural resources associated with the cross-border river systems within the Lake Eyre Basin Agreement Area.

The Agreement provides for the Ministerial Forum to establish appropriate arrangements for the provision of community and scientific advice as required.

Financial impact statement

The Lake Eyre Basin Intergovernmental Agreement Bill 2001 will not have any financial impact for the Commonwealth. 

LAKE EYRE BASIN INTERGOVERNMENTAL AGREEMENT BILL 2001

NOTES ON CLAUSES

Clause 1:  Short title

1	This clause provides for the Act to be cited as the Lake Eyre Basin Intergovernmental Agreement Act 2001.

Clause 2.  Commencement

2	This clause provides that the Commonwealth legislation will not commence to take effect until both the Queensland and South Australian Governments have approved and ratified the Lake Eyre Basin Intergovernmental Agreement through their own, related State legislation.  This is in accordance with 
sub-clause 9.1 of the Agreement.

Clause 3:  Approval of the Agreement

3	This clause provides for Commonwealth recognition and support to the Lake Eyre Basin Intergovernmental Agreement.

SCHEDULE 1 – LAKE EYRE BASIN INTERGOVERNMENTAL AGREEMENT