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Legislation and policies

Intergovernmental agreements

When there are water management concerns or interests that extend beyond one state or jurisdiction, governments may enter into formal intergovernmental agreements.

Warragamba dam from above.

When there are water management concerns or interests that extend beyond one state, jurisdiction or country, governments may enter into intergovernmental agreements. These agreements between governments can be multilateral (between multiple governments) or bilateral (between two governments).

Key intergovernmental agreements

NSW has entered into a number of formal intergovernmental agreements for purposes such as funding of water management programs, or projects to better understand water resources and the environment dependent on water resources. Intergovernmental agreements may also cover how benefits or responsibilities are shared between states or any other issues relating to water resources including flooding, groundwater, water sharing, and water and environmental degradation. Intergovernmental agencies may be established to oversee, study, or recommend water initiatives to share or protect common water resources.

Intergovernmental Agreement on Implementing Water Reform in the Murray-Darling Basin June 2013

The Intergovernmental Agreement on Implementing Water Reform in the Murray Darling Basin June 2013 (revised March 2019) is an agreement between the Commonwealth and Basin state governments to ensure water reforms, including the Basin Plan, are implemented in a cost effective manner to support national interest of improving river and wetland health, putting water use on a sustainable footing, enhancing irrigation productivity, providing water for critical human needs, and providing farmers and communities with more confidence to plan for a future with less water.

New South Wales - Queensland Border Rivers Intergovernmental Agreement 2008

The implementation of COAG water reforms, the National Water Initiative and the Murray-Darling Basin Agreement necessitated an additional agreement between New South Wales and Queensland.

While recognising the sovereignty of each state to manage the water resources within its own territory, the NSW-Queensland Border Rivers Intergovernmental Agreement 2008 (PDF, 653.41 KB) has been established to give direction for the sustainable management and sharing of water in the Border Rivers catchment including:

  • environmental flow management on those streams that are shared between the states
  • formalising water sharing between the States and between users and the environment
  • formalising water access arrangements
  • provision of adequate flows to the Darling Basin downstream of Mungindi, and
  • interstate trading of water entitlements.

The implementation of the agreement is overseen by the Border Standing Committee whose membership comprises senior officers from the water and environment agencies of both states.

The states acknowledge that nothing in the agreement is intended to affect the role, functions and powers of the Border Rivers Commission.

A number of protocols have been developed and adopted by the Border Standing Committee.

Intergovernmental Agreement for the Paroo River between New South Wales and Queensland 2003

The Paroo River agreement between New South Wales and Queensland in 2003 was reached after a joint recognition of the significance of the water resources in the Paroo River system to maintain the unique character of the Paroo catchment.

The ecological diversity, economic and spiritual connection values have all been recognised and the Paroo is widely accepted as one of the few unregulated and relatively undeveloped rivers in the Murray-Darling system.

The agreement, in place since 2003, provided a useful cross-border strategic water commitment, influencing the substance and nature of subsequent water planning and management decisions for both states.

Intergovernmental Agreement on a National Water Initiative

The Intergovernmental Agreement on a National Water Initiative (2004) is an agreement between the Commonwealth, New South Wales, Victoria, Queensland, South Australia, the Australian Capital Territory and the Northern Territory governments. The agreement is a shared commitment to increase the productivity and efficiency of Australia’s water use, leading to greater certainty for investment and the environment.

Snowy Water Inquiry Outcomes Implementation Deed and Heads of Agreement

The Snowy Water Inquiry Outcomes Implementation Deed (SWIOID) 2002 is a legal instrument between the Commonwealth, New South Wales and Victorian governments. The SWIOID gives effect to the outcomes of the public Snowy Water Inquiry in 1998 and the corporatisation of the Snowy Scheme. The deed includes the water recovery targets for the Snowy River, River Murray and Snowy Montane Rivers Increased Flows programs.

Queanbeyan Water Supply Agreement

The Queanbeyan Water Supply Agreement is an agreement between the Australian Capital Territory, the Commonwealth and New South Wales in relation to the supply of water from the Googong Dam Area to the Queanbeyan City.

Great Artesian Basin Sustainability Initiative

A basin-wide coordinated approach to bore rehabilitation was proposed as part of the Great Artesian Basin Strategic Management Plan 2000, and resulted in the development of the Great Artesian Basin Sustainability Initiative (GABSI) program. This program was delivered in partnership by the Australian, New South Wales, Queensland, South Australia and Northern Territory governments to provide funding support to repair uncontrolled bores.

The GABSI came to an end on 30 June 2017 after 17 years.

Read more about the Great Artesian Basin Sustainability Initiative

Memoranda of Understanding

NSW has also entered into Memoranda of Understanding (MOU) which are often used to establish a framework for collaboration by identifying mutual goals and expectations.

MOU between the State of New South Wales and the Ministry of Energy of the State of Israel on Water Resources Management and Development Cooperation 2019

The Memorandum of Understanding (PDF, 123.4 KB) (MOU) which was signed on 4 November 2019, is an agreement between the State of New South Wales and the State of Israel to enhance cooperation in water resources management. It demonstrates a shared commitment to explore opportunities for knowledge exchange in areas including efficient use of water resources, recycling/re-use of wastewater, desalination, aquifer recharge and in-situ water conservation techniques.

MOU on establishment of Sister-State Relationship between the government of the State of Maharashtra, Republic of India and the government of New South Wales, Commonwealth of Australia

The Memorandum of Understanding (PDF, 56.29 KB) (MOU) which was signed on 2 November 2012, is an agreement between the State of Maharashtra and the State of New South Wales to facilitate mutually beneficial cooperation and increase trade and/or investment in:

  • Financial services
  • Energy, minerals and mining
  • Agribusiness
  • Urban infrastructure and environmental protection
  • Information technology
  • Public health, pharmaceuticals, biotech and life schemes
  • Education, culture, arts and sport.

This MOU provided the basis for collaboration between the Department (formerly the Department of Primary Industries) and the Government of Maharashtra Water Resources Department to develop an agreed River Basin Management Work Program for the Integrated Water Resources Management System for the Upper Godvari (including Paithan Dam) Sub-Basin, Maharashtra, India.