On 7 May 1968 Senator Denham Henty, the Leader of the Government in the Senate successfully moved for the establishment of a Select Committee on Water Pollution. Sections 49 and 50 of the Commonwealth of Australia Constitution Act provide precedent for this action. Section 49, which states "The powers, privileges, and immunities of the Senate and of the House of Representatives, and of the members and the committees of each House, shall be such as are declared by the Parliament, and until declared shall be those of the Commons House of Parliament of the United Kingdom, and of its members and committees, at the establishment of the Commonwealth". As specific powers have not been declared the Senate's powers are therefore those of the House of Commons, which among its powers the right to set up committees. (However it should be noted that although there is nothing in the constitution which would prohibit the Senate from forming committees this section is used by the Senate to authorize the calling on of witnesses).
Section 50 provides that "Each House of the Parliament may make rules and orders with respect to:
(i) The mode in which its powers, privileges, and immunities may be
exercised and upheld;
(ii) The order and conduct of its business and proceedings either
separately or jointly with the other House."
This section allows the Senate to make the rules to govern the committees.
It was proposed that the Committee should inquire into and report upon water pollution and quality of water for different uses in Australia, including cause and effects, methods of preventation and control, and matters incidental thereto. This committee was to be empowered to movefrom place to place, and to sit in open court, or in private. On 15 May 1968 also on the motion of Senator Henty, the Senate agreed to the appointment of six Senators. Senators were appointed to the Committee in August 1968. The first meeting of the Committee was held on 8 October 1968. Senator G S Davidson was elected Chairman. All other members, at some time during the inquiry, acted as Chairman under the terms of paragraph (3) of the resolution of 15 May 1968.
Time available for the completion of the committee's report was foreshortened by the early dissolution of the Parliament on 29 September 1969, for the general election for the House of
Representatives. An interim report, presented to the Senate on 21st August 1969 recommended that the new Parliament reconstitute the committee with the same terms of reference, and with power to consider and make use of the records of the present committee in order to conclude the inquiry.
When the new Parliament met on 25 November 1969, the Committee was reconstituted by the Senate and required to present its report by 30 June 1970. On 3 March 1970, on the opening of the Second Session of the 27th Parliament, it was necessary for the Committee to be reconstituted again, as it had gone out of existence when the Parliament was prorogued at the end of the First Session (25 November 1969). The date for presentation of the report remained unchanged (see Water Pollution in Australia: Report from the Senate Select Committee on Water Pollution, Commonwealth Government Printing Office, Canberra, 1970). The report was presented on 10 June 1970. The main recommendation was the setting Up, by the Commonwealth, of a national water commission.
Historical agency address
Parliament House, East Block, Queen Victoria Terrace, Parkes ACTLegislation administered
Senate Resolution of 7 May 1968