The Secretary to the Department of Works and Railways states that the Parliament of New South Wales has ratified the amending River Murray Waters Agreement which was executed by the representatives of the Commonwealth and the States of New South Wales, Victoria and South Australia on 23 November 1920, but has made certain alterations in the amending Agreement.

The Parliaments of the Commonwealth and of the States of Victoria and South Australia have ratified the Agreement as executed.

The Secretary asks:

1. Has the Agreement been ratified in accordance with clause 1 of the Agreement? and
2. What is the effect of the action of the Parliament of New South Wales?

Clause 1 of the Agreement provides that the Agreement is subject to ratification by the Parliaments of the Commonwealth and of the States of New South Wales, Victoria and South Australia, and shall come into effect when so ratified.

Clause 4 of the New South Wales Bill is as follows:

The amending agreement, a copy of which is set out in section thirteen of this Act, is by this Act ratified and approved.

The copy of the Agreement set out in clause 13 of the Bill, as passed by both Houses of the New South Wales Parliament (but not yet assented to) is not in exactly the same terms as the Agreement executed on 23 November 1920, in view of the fact that the Parliament of New South Wales has-

1. added, at the end of clause 5 of the Agreement, the words: 'This amendment shall not operate in regard to clause five of the Principal Agreement'; and
2. deleted clause 27 of the Agreement.

I am, therefore, of opinion, that the Parliament of New South Wales has not ratified the Agreement as executed.

In my opinion-

1. the Agreement has not been ratified in accordance with clause 1 of the Agreement; and
2. the effect of the action of the Parliament of New South Wales is that the Agreement cannot come into effect until the Parliament of New South Wales ratifies the Agreement without amendment.

[Vol.17,p.208]