if and to the extent that the matters are not otherwise included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); and

if and to the extent that the matters are included in the legislative powers of the Parliament of the State.

This subsection has effect subject to subsections (5) and (6).

if the State in question is a Basin State—the referred subject matters; and

(b) in any case—the matter of the application, in relation to water resources that are not Basin water resources, of provisions of this Act dealing with the subject matters specified in paragraphs (c) and (d) of the definition of referred subject matters in subsection (9) (being an application of a kind that is authorised by the law of the State in question);

to the extent of the making of laws with respect to those matters by making express amendments of this Act.

Effect of termination of reference

the termination is effected by the Governor of that State fixing a day by proclamation as the day on which the reference terminates; and

the day fixed is no earlier than the first day after the end of the period of 6 months beginning on the day on which the proclamation is published; and

that State’s amendment reference, and the amendment reference of every other referring State, terminate on the same day.

a Bill is introduced into a House of the Parliament that includes a proposed amendment of the referred provisions, or that would, if enacted, have the effect that this Act would no longer contain:

subsections 22(10), (11) and (12), or provisions having substantially the same effect; or

Part 11A, or provisions having substantially the same effect; and

the Governor of the State, by proclamation, issues a notice stating that:

the State has not agreed to the amendment; and

this subsection will apply in relation to the State from a day specified in the notice; and

the State Minister of that State who is a member of the Murray-Darling Basin Ministerial Council informs the other members of the Murray-Darling Basin Ministerial Council that the notice was issued; and

the Governor does not revoke the notice before:

the day specified in the notice passes; or

the Bill is enacted in a form that includes that amendment or a substantially similar amendment;

whichever happens later.

Definitions

the referred provisions; or

definitions in this Act of terms used in the referred provisions;

but does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of the referred provisions or those definitions.

initial reference of a State means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matters covered by subsection (3).

referred provisions, for a State, means:

if the State is a Basin State—this Part and Parts 2A, 4, 4A, 10A and 11A to the extent to which they deal with matters that are included in the legislative powers of the Parliament of the State; or

if the State is not a Basin State—Parts 4A and 11A to the extent to which they deal with matters that are included in the legislative powers of the Parliament of the State.

referred subject matters means any of the following: the powers, functions and duties conferred on Commonwealth agencies that: relate to Basin water resources; and are conferred by or under the Agreement; the management of Basin water resources to meet critical human water needs; water charging in relation to Basin water resources (other than for urban water supply after the removal of the water from a Basin water resource); the transformation of entitlements to water from a Basin water resource to enable trading in those water entitlements; the transfer of assets, rights and liabilities of the Murray-Darling Basin Commission to the Authority, and other transitional matters relating to the replacement of the Murray-Darling Basin Commission.

the powers, functions and duties conferred on Commonwealth agencies that:

relate to Basin water resources; and

are conferred by or under the Agreement;

the management of Basin water resources to meet critical human water needs;

water charging in relation to Basin water resources (other than for urban water supply after the removal of the water from a Basin water resource);

the transformation of entitlements to water from a Basin water resource to enable trading in those water entitlements;

the transfer of assets, rights and liabilities of the Murray-Darling Basin Commission to the Authority, and other transitional matters relating to the replacement of the Murray-Darling Basin Commission.

are expressed to be conferred on it by or under the Agreement; and

relate to the water and other natural resources of the Murray-Darling Basin.

the performance of its functions and duties under this Part; and

the exercise of its powers under this Part;

such powers in a referring State or the Australian Capital Territory as it has in connection with the performance of its other functions under this Act.

Subdivision A of Division 2 of that Part (Authorised officers); and

Subdivision B of Division 2 of that Part (Powers to enter land etc. other than for compliance purposes); and

Division 3 of that Part (Information gathering).

the application of that Part in relation to premises in, or information held in, a referring State or the Australian Capital Territory were not limited by section 219 or by subsection 222D(1); and

references in the Authority’s functions under section 219 included references to the Authority’s functions under this Part.section 221 to

an authorised officer must not enter premises under Subdivision B of the Authority’s functions under this Part; andDivision 2 of that Part as applied by this section unless he or she reasonably believes this is necessary for the performance of any of

Subdivision B of Division 2 of that Part as applied by this section does not extend to entering premises for the purposes of:

monitoring compliance with this Part or regulations made for the purposes of this Part; or

searching for evidential material; and

the Authority must not require a person to give information under Division 3 of that Part as applied by this section unless the Authority has reason to believe that information relating to a matter:

relevant to the performance of the Authority’s functions under this Part; and

specified in regulations made for the purposes of this paragraph;

is in the person’s possession, custody or control (whether held electronically or in any other form).

are expressed to be conferred on it by or under the Agreement; and

relate to the water and other natural resources of the Murray-Darling Basin.

are:

water access rights, water delivery rights, irrigation rights or other similar rights relating to water; or

interests in, or in relation to, such rights; and

are held for the purposes of the Living Murray Initiative;

in accordance with and in a way that gives effect to the Living Murray Initiative.

the Supplementary Intergovernmental Agreement on Addressing Water Overallocation and Achieving Environmental Objectives in the Murray-Darling Basin of 14 July 2006; and

arrangements referred to in clause 3.9.2 of the Agreement on Murray-Darling Basin Reform-Referral.

be prepared having regard to:

the fact that the use of the Basin water resources has had, and is likely to have, significant adverse impacts on the conservation and sustainable use of biodiversity; and

the fact that the Basin water resources require, as a result, special measures to manage their use to conserve biodiversity; and

promote sustainable use of the Basin water resources to protect and restore the ecosystems, natural habitats and species that are reliant on the Basin water resources and to conserve biodiversity.

promote the wise use of all the Basin water resources; and

promote the conservation of declared Ramsar wetlands in the Murray-Darling Basin; and

take account of the ecological character descriptions of:

all declared Ramsar wetlands within the Murray-Darling Basin; and

all other key environmental sites within the Murray-Darling Basin;

prepared in accordance with the National Framework and Guidance for Describing the Ecological Character of Australia’s Ramsar Wetlands endorsed by the Natural Resource Management Ministerial Council.

Basis on which Basin Plan to be developed

take into account the principles of ecologically sustainable development; and

act on the basis of the best available scientific knowledge and socio-economic analysis; and

have regard to the following:

the National Water Initiative;

the consumptive and other economic uses of Basin water resources;

the diversity and variability of the Basin water resources and the need to adapt management approaches to that diversity and variability;

the management objectives of the Basin States for particular water resources;

social, cultural, Indigenous and other public benefit issues;

broader regional natural resource management planning processes;

the effect, or potential effect, of the Basin Plan on the use and management of water resources that are not Basin water resources;

the effect, or the potential effect, of the use and management of water resources that are not Basin water resources on the use and management of the Basin water resources;

the State water sharing arrangements;

any other arrangements between States for the sharing of water.

Basin Plan not to reduce protection of planned environmental water provided for under existing State water management laws

the identification of the water resource plan area; and

the incorporation, and application, of the long-term annual diversion limit for the water resources of the water resource plan area (see also subsections (6A) and (6B)); and

the sustainable use and management of the water resources of the water resource plan area within that diversion limit; and

having regard to social, spiritual and cultural matters relevant to Indigenous people in relation to the water resources of the water resource plan area in the preparation of the water resource plan; and

the regulation, for the purposes of managing Basin water resources, of interception activities with a significant impact (whether on an activity-by-activity basis or cumulatively) on those water resources; and

planning for environmental watering; and

water quality and salinity objectives for the water resource plan area; and

the circumstances in which tradeable water rights in relation to the water resource plan area may be traded, or transferred, and the conditions applicable to such trades or transfers; and

broad approaches to the way risks to the water resources of the water resource plan area should be addressed; and

metering the water taken from the water resources of the water resource plan area and monitoring the water resources of the water resource plan area; and

reviews of the water resource plan and amendments of the plan arising from those reviews; and

the scientific information or models on which the water resource plan is to be based.

The requirements in relation to the matters referred to in paragraph (g) must contribute to achieving the Basin water market and trading objectives and principles that are set out in Schedule 3.

there may be different requirements under item 11 of the table in subsection (1) for different kinds of water resource plan areas or to meet different management objectives; and

a requirement under that item may be one that, in accordance with its terms, does not apply to a particular water resource plan area or applies only to a limited extent.

Adjustments to long-term annual diversion limits

may require that interception activities with, or with the potential to have, significant impacts on the water resources of the water resource plan area are assessed to determine whether they are consistent with the water resource plan before they are approved under:

any other laws of a Basin State; or

a particular law of a Basin State; and

may require that water access rights be held for specified kinds of interception activities.

Other matters that may be included in Basin Plan

for the purpose of ensuring compliance with provisions of the Basin Plan that relate to that matter; or

otherwise relating to that matter.

Matters that may not be dealt with by the Basin Plan

land use or planning in relation to land use; or

the management of natural resources (other than water resources); or

the control of pollution.

prohibits a person (including an agency of a State) from undertaking an activity in relation to that matter (either absolutely or unless the person satisfies particular conditions); or

requires a person (including an agency of a State) to undertake an activity in relation to that matter; or

requires a person (including an agency of a State) who undertakes an activity in relation to that matter to carry that activity out in a particular way; or

imposes an obligation on a person (including an agency of a State) in relation to the carrying out of an activity in relation to that matter, including an obligation to obtain consent or approval in relation to that matter; or

imposes an obligation on a person (including an agency of a State) in connection with the performance of a function relating to a matter referred to in paragraph (a), (b), (c) or (d), including by obliging the person to impose such an obligation on another person or agency.

This subsection does not limit subsection (10).

imposes a requirement of the kind referred to in subsection (7); or

sets targets under section 25 or 28; or

imposes a requirement to report on steps taken by a State to meet targets set in the Basin Plan.

as a particular quantity of water per year; or

as a formula or other method that may be used to calculate a quantity of water per year; or

in any other way that the Authority determines to be appropriate.

the Basin water resources; or

the water resources of a particular water resource plan area; or

a particular part of the water resources referred to in paragraph (b).

an adjustment of the long-term average sustainable diversion limit for the water resources of a particular water resource plan area (or a particular part of those water resources) by an amount determined by the Authority (subject to subsection (4)); and

as a result of one or more adjustments under paragraph (a) of this subsection, an adjustment of the long-term average sustainable diversion limit for the Basin water resources by an amount determined by the Authority.

criteria for determining whether the Authority should propose an adjustment, and the amount of an adjustment, referred to in paragraph (1)(a) or (b); and

a requirement for the Authority to determine whether it is satisfied that the criteria referred to in paragraph (a) of this subsection have been met; and

a requirement for the Authority not to propose an adjustment under paragraph (1)(a) or (b) without seeking and considering advice from the Basin Officials Committee; and

a requirement for the Authority not to propose an adjustment under paragraph (1)(a) or (b) without:

inviting members of the public to make submissions to the Authority on the proposed adjustment; and

providing a reasonable amount of time for those submissions to be made and considered by the Authority.

the Authority may propose an adjustment under paragraph (1)(a) or (b) without preparing an amendment of the Basin Plan under Subdivision F; and

a long-term average sustainable diversion limit that is produced after the adjustment proposed by the Authority under paragraph (1)(a) or (b) has been taken into account must reflect an environmentally sustainable level of take.

Limit on proposed adjustments

that is produced after the adjustment proposed by the Authority under paragraph (1)(b) has been taken into account; and

that replaces the previous long-term average sustainable diversion limit for the Basin water resources.

proposed plan area limit means the long-term average sustainable diversion limit for the water resources of a particular water resource plan area (or a particular part of those water resources):

that is produced after the adjustment proposed by the Authority under paragraph (1)(a) has been taken into account; and

that replaces the previous long-term average sustainable diversion limit for those water resources (or the particular part of those water resources).

reference time means:

unless paragraph (b) or (c) applies—the time the Basin Plan first takes effect; or

if, as a result of the most recent review of the Basin Plan under Subdivision G, an amendment of any one or more long-term average sustainable diversion limits is adopted—the time when the amendment or amendments take effect; or

if, after the most recent review of the Basin Plan under Subdivision G, the Authority advises the Minister, when giving a report of the results of the review to the Minister under subsection 50(5), that the Authority has decided not to prepare any amendment of any long-term average sustainable diversion limit—the time when the report is given to the Minister.

total Basin adjustment percentage, in relation to one or more adjustments proposed under paragraph (1)(a), is the amount of the difference between:

the proposed Basin limit that is proposed as a result of those adjustments; and

the Basin reference limit;

expressed as a percentage of the Basin reference limit.

the long-term average sustainable diversion limit, for the water resources of the plan area (or the particular part of those water resources), that applied at the reference time;

the proposed plan area limit;

the amount of the difference between the limits referred to in paragraphs (a) and (b) of this subsection, expressed as a percentage of the amount of the limit referred to in paragraph (a);

if, on one or more occasions since the reference time, adjustments of the long-term average sustainable diversion limit for the water resources of that plan area (or the particular part of those water resources) have been adopted as amendments by the Minister under subsection (6)—the limit as so adjusted;

an outline of the material on which the Authority based its decision in determining that the criteria referred to in paragraph 23A(2)(a) had been met in relation to the adjustment and the amount of the adjustment.

the proposed Basin limit that is proposed as a result of the proposed adjustments referred to in subsection (1); and

the total Basin adjustment percentage; and

an outline of the material on which the Authority based its decision in determining that the criteria referred to in paragraph 23A(2)(a) had been met in relation to the adjustment, and the amount of the adjustment, of the long-term average sustainable diversion limit for the Basin water resources.

give the notice made under subsection (2) to the Minister; and

give the amendment of the Basin Plan prepared under subsection (4) to the Minister for adoption.

consider the amendment; and

either:

adopt, in writing, the amendment; or

(ii) give the Authority notice, in writing, that the Minister has decided not to adopt the amendment.

(a) must accompany the amendment when the amendment is laid before a House of the Parliament under Legislation Act 2003; andsection 38 of the

is not a legislative instrument.

as a particular quantity of water per year; or

as a formula or other method that may be used to calculate a quantity of water per year; or

in any other way that the Authority determines to be appropriate.

the water resources of a water resource plan area; or

a particular part of those water resources;

the temporary diversion provision for those water resources (or that part of those water resources) must reduce to zero by the end of the period of 5 years starting at the beginning of the first year to which the new long-term average sustainable diversion limit for those water resources (or that part of those water resources) has effect.

identify the key causes of water quality degradation in the Murray-Darling Basin; and

include water quality and salinity objectives and targets for the Basin water resources.

may specify the place at which the target is to be measured; and

may specify a target in terms of a particular level of salinity being met for a particular percentage of time.

the rules governing the trading or transfer of tradeable water rights;

the terms on which tradeable water rights are traded or transferred;

the processes by which tradeable water rights are traded or transferred;

the imposition or removal of restrictions on, and barriers to, the trading or transfer of tradeable water rights;

restrictions on taking or using water from a water resource as a result of the trading or transfer of tradeable water rights in relation to that water resource;

the manner in which particular kinds of trading or transfer of tradeable water rights is conducted;

the specification of areas within which particular tradeable water rights may be traded or transferred;

the availability of information to enable the trading or transfer of tradeable water rights;

the reporting of the trading or transfer of tradeable water rights;

any matter that was dealt with in:

Schedule E to the former MDB Agreement (other than paragraph 15(3)(c) of that Schedule); or

the Protocols to the former MDB Agreement made under Schedule E to the former MDB Agreement (other than the Protocol on Access and Exit Fees).

prohibit some types of restrictions on, or barriers to, the trading or transfer of tradeable water rights; and

impose or allow other types of restrictions on, or barriers to, the trading or transfer of tradeable water rights.

particular kinds of trading or transfer (for example, exchange rate trade or tagged trade); or

the trading or transfer of particular kinds of tradeable water rights; or

the trading or transfer of tradeable water rights in relation to particular water resources.

to safeguard existing environmental water; and

to plan for the recovery of additional environmental water; and

to coordinate the management of:

existing environmental water; and

the additional environmental water that is recovered;

in order to:

protect and restore the wetlands and other environmental assets of the Murray-Darling Basin; and

protect biodiversity dependent on the Basin water resources and achieve other environmental outcomes for the Murray-Darling Basin.

the overall environmental objectives for the water-dependent ecosystems of the Murray-Darling Basin; and

targets by which to measure progress towards achieving the environmental objectives specified in accordance with paragraph (a); and

an environmental management framework for planned environmental water and held environmental water; and

the methods to be used to identify environmental assets in the Murray-Darling Basin that will require environmental watering; and

the principles to be applied, and methods to be used, to determine the priorities for applying environmental water (including applying that water to environmental assets that are identified using the methods specified under paragraph (d)); and

the principles to be applied in environmental watering.

water resource health;

water flows;

water pressure;

water levels.

The targets may relate to the Basin water resources as a whole or to particular Basin water resources.

is a legislative instrument; and

is taken to be made by the Minister on the day on which the Minister adopts the Basin Plan under section 44.

is a legislative instrument; and

is taken to be made by the Minister on the day on which the Minister adopts the amendment under that subsection or section.

do an act in relation to Basin water resources if the act is inconsistent with the Basin Plan; or

fail to do an act in relation to Basin water resources if the failure to do that act is inconsistent with the Basin Plan.

on a constitutional corporation; or

in relation to conduct that affects the activities of a constitutional corporation.

with other countries; or

among the States; or

between a State and a Territory.

have effect independently of each other; and

do not limit section 37; and

do not limit the operation (if any) that section 35 validly has apart from this section.

between the States; or

between a State and a Territory.

the trading or transfer takes place in a Territory; or

the trading or transfer relates to tradeable water rights in relation to a water resource in a Territory.

have effect independently of each other; and

do not limit section 36; and

do not limit the operation (if any) that section 35 validly has apart from this section.

may provide that subsections 34(1) and 35(1) do not apply to a particular activity only if the conditions specified in the regulations are satisfied; and

may provide that subsections 34(1) and 35(1) do not apply to a particular activity only for the period specified in the regulations.

the Basin Plan provides for obligations in relation to a particular matter; and

the Basin Plan also provides that water resource plans must impose obligations of the same, or a similar, kind in relation to that matter;

the obligations referred to in paragraph (a) are disregarded for the purposes of applying sections 34 and 35.

the Basin States; and

the Basin Officials Committee; and

the Basin Community Committee;

in preparing the Basin Plan.

give a copy of the proposed Basin Plan (and the summary) to the relevant State Minister for each of the Basin States; and

invite the Basin State to make submissions to the Authority on the proposed Basin Plan; and

allow the Basin State at least 16 weeks from when the invitation is given to make submissions to the Authority on the proposed Basin Plan.

publish an invitation to members of the public to make submissions to the Authority on the proposed Basin Plan; and

allow at least 16 weeks from the start of the consultation period for submissions on the proposed Basin Plan.

(a) in the Gazette; and

in a newspaper circulating generally in each Basin State; and

on the Authority’s website.

The consultation period starts when the invitation is published in the Gazette.

specify how a person may obtain a copy of the proposed Basin Plan (and the summary); and

specify a physical address, and an email address, to which a person may send submissions on the proposed Basin Plan to the Authority; and

specify the date by which submissions must be received by the Authority; and

indicate that submissions that a person makes to the Authority on the proposed Basin Plan will be published on the Authority’s website unless the person specifically requests the Authority to treat the submissions (or a particular part of the submissions) confidentially.

must consider any submissions it receives in response to the invitations issued under subsections (3) and (4); and

may alter the Basin Plan as a result of its consideration of those submissions.

prepare a document that:

gives a broad outline of any changes that the Authority makes to the proposed Basin Plan after the start of the consultation period; and

summarises any submissions it received in response to the invitations issued under subsections (3) and (4), how it addressed those submissions and any alterations it has made as a result of its consideration of those submissions; and

publish a copy of the document on its website.

stating that neither the Murray-Darling Basin Ministerial Council nor any of its members have any comments on the proposed Basin Plan; or

stating that the Murray-Darling Basin Ministerial Council, or one or more of its members, disagrees with one or both of the following:

the long-term average sustainable diversion limits proposed in the proposed Basin Plan;

any other aspect of the proposed Basin Plan in relation to which the Minister may give a direction under subparagraph 44(3)(b)(ii);

and specifying the nature of the disagreement.

consider the matters; and

undertake such consultations in relation to the matters as the Authority considers necessary or appropriate; and

either:

confirm the proposed Basin Plan, and give each member of the Murray-Darling Basin Ministerial Council a copy of the unaltered proposed Basin Plan, together with the Authority’s views on the matters; or

alter the proposed Basin Plan, and give each member of the Murray-Darling Basin Ministerial Council a copy of the altered proposed Basin Plan, together with the Authority’s views on the matters; and

prepare a document that summarises:

any submissions it received in response to the consultations referred to in paragraph (b); and

how it addressed those submissions; and

the extent (if any) to which its consideration of those submissions has affected the version of the Plan, or the views, given to the members of the Murray-Darling Basin Ministerial Council under paragraph (c); and

publish on its website a copy of the document prepared under paragraph (d).

stating that neither the Murray-Darling Basin Ministerial Council nor any of its members express any further views on the proposed Basin Plan; or

setting out the views of the Murray-Darling Basin Ministerial Council, or one or more of its members, on one or both of the following:

the long-term average sustainable diversion limits proposed in the proposed Basin Plan;

any other aspect of the proposed Basin Plan in relation to which the Minister may give a direction under subparagraph 44(3)(b)(ii).

consider the Basin Plan; and

either:

adopt, in writing, the Basin Plan; or

give the Basin Plan back to the Authority with suggestions for consideration by the Authority.

consider the suggestions; and

undertake such consultations in relation to the suggestions as the Authority considers necessary or appropriate; and

give the Minister either:

an identical version of the Basin Plan; or

an altered version of the Basin Plan;

together with the Authority’s views on the Minister’s suggestions; and

prepare a document that summarises:

any submissions it received in response to the consultations referred to in paragraph (b); and

how it addressed those submissions; and

the extent (if any) to which its consideration of those submissions has affected the version or views given to the Minister under paragraph (c); and

publish on its website a copy of the document prepared under paragraph (d).

must consider that version of the Basin Plan and the views given to the Minister under subsection (2); and

must either:

adopt, in writing, that version of the Basin Plan; or

direct the Authority, in writing, to make modifications to that version of the Basin Plan and give it to the Minister for adoption.

any aspect of the Basin Plan that is of a factual or scientific nature; or

without limiting paragraph (a), any of the matters referred to in:

items 1, 2, 3 or 8 of the table in subsection 22(1); or

subsection 75(1); or

subsection 81(2) or (3).

the Authority must comply with the direction; and

the Minister must adopt, in writing, the Basin Plan given to the Minister in compliance with the direction.

any direction the Minister gave under subparagraph (3)(b)(ii) in relation to the Basin Plan; and

the Minister’s reasons for giving that direction.

Subdivision F—Amendment of Basin Plan

the Basin States; and

the Basin Officials Committee; and

the Basin Community Committee;

in preparing an amendment of the Basin Plan.

give a copy of the proposed amendment of the Basin Plan (and the summary) to the relevant State Minister for each of the Basin States; and

invite the Basin State to make submissions to the Authority on the proposed amendment; and

allow the Basin State at least 8 weeks from when the invitation is given to make submissions to the Authority on the proposed amendment.

publish an invitation to members of the public to make submissions to the Authority on the proposed amendment of the Basin Plan; and

allow at least 8 weeks from the start of the consultation period for submissions to be made to the Authority on the proposed amendment.

(a) in the Gazette; and

in a newspaper circulating generally in each Basin State; and

on the Authority’s website.

The consultation period starts when the invitation is published in the Gazette.

specify how a person may obtain a copy of the proposed amendment (and the summary); and

specify a physical address, and an email address, to which a person may send submissions on the proposed amendment to the Authority; and

specify the date by which submissions must be received by the Authority; and

indicate that submissions that a person makes to the Authority on the proposed amendment will be published on the Authority’s website unless the person specifically requests the Authority to treat the submissions (or a particular part of the submissions) confidentially.

must consider any submissions it receives in response to the invitations issued under subsections (3) and (4); and

may alter the amendment of the Basin Plan as a result of its consideration of those submissions.

prepare a document that gives a broad outline of any changes that the Authority makes to the proposed amendment of the Basin Plan after the start of the consultation period; and

publish a copy of the document on its website.

stating that neither the Murray-Darling Basin Ministerial Council nor any of its members have any comments on the proposed amendment; or

stating that the Murray-Darling Basin Ministerial Council, or one or more of its members, disagrees with one or both of the following:

the long-term average sustainable diversion limits proposed in the proposed amendment;

any other aspect of the proposed amendment in relation to which the Minister may give a direction under subparagraph 48(3)(b)(ii);

and specifying the nature of the disagreement.

consider the matters; and

undertake such consultations in relation to the matters as the Authority considers necessary or appropriate; and

either:

confirm the proposed amendment, and give each member of the Murray-Darling Basin Ministerial Council a copy of the unaltered proposed amendment, together with the Authority’s views on the matters; or

alter the proposed amendment, and give each member of the Murray-Darling Basin Ministerial Council a copy of the altered proposed amendment, together with the Authority’s views on the matters; and

prepare a document that summarises:

any submissions it received in response to the consultations referred to in paragraph (b); and

how it addressed those submissions; and

the extent (if any) to which its consideration of those submissions has affected the version of the Plan, or the views, given to the members of the Murray-Darling Basin Ministerial Council under paragraph (c); and

publish on its website a copy of the document prepared under paragraph (d).

stating that neither the Murray-Darling Basin Ministerial Council nor any of its members express any further views on the proposed amendment; or

setting out the views of the Murray-Darling Basin Ministerial Council, or one or more of its members, on one or both of the following:

the long-term average sustainable diversion limits proposed in the proposed amendment;

any other aspect of the proposed Basin Plan in relation to which the Minister may give a direction under subparagraph 48(3)(b)(ii).

consider the amendment; and

either:

adopt, in writing, the amendment; or

give the amendment back to the Authority with suggestions for consideration by the Authority.

consider the suggestions; and

undertake such consultations in relation to the suggestions as the Authority considers necessary or appropriate; and

give the Minister either:

an identical version of the amendment; or

an altered version of the amendment;

together with the Authority’s views on the Minister’s suggestions.

must consider that version of the amendment and the views given to the Minister under subsection (2); and

must either:

adopt, in writing, that version of the amendment; or

direct the Authority, in writing, to make modifications to that version of the amendment and give it to the Minister for adoption.

any aspect of the Basin Plan that is of a factual or scientific nature; or

without limiting paragraph (a), any of the matters referred to in:

items 1, 2, 3 or 8 of the table in subsection 22(1); or

subsection 75(1).

the Authority must comply with the direction; and

the Minister must adopt, in writing, the amendment given to the Minister in compliance with the direction.

any direction the Minister gave under subparagraph (3)(b)(ii) in relation to the amendment; and

the Minister’s reasons for giving that direction.

provide that the Authority may make a specified kind of minor, or non-substantive, amendment of the Basin Plan; and

provide for the process of making those amendments.

(a) the amendment will be the same in effect as an earlier amendment of the Basin Plan (the earlier amendment) that:

(i) has been disallowed (or is taken to have been disallowed) under subsection 42(1) or (2) of the Legislation Act 2003; and

was prepared under this Subdivision (other than this section); and

the direction is given within the period of 12 months beginning on the day that the earlier amendment is disallowed (or is taken to have been disallowed); and

in the case that an earlier direction has been given under this subsection in relation to the earlier amendment—the amendment prepared in response to that earlier direction was not adopted by the Minister.

adopt, in writing, the amendment; or

give the Authority notice, in writing, that the Minister has decided not to adopt the amendment.

a change that is required because another amendment of the Basin Plan has commenced after the commencement of the earlier amendment;

a change that is required because a requirement under the Basin Plan has already occurred, or been met, after the commencement of the earlier amendment;

a change that causes the amendment to commence later than the earlier amendment.

Subdivision G—Review of Basin Plan

review the Basin Plan during 2026 if the Authority has not reviewed the Basin Plan under subsection (2), and given the Minister a report of that review, before the start of that year; and

(b) review the Basin Plan during the tenth year of the period (the post-report period) that starts when the Authority gives the Minister a report of a review of the Basin Plan under paragraph (5)(b) if the Authority has not reviewed the Basin Plan under subsection (2), and given the Minister a report of that review, after the start of the post-report period and before the start of that year.

Review requested by Minister or Basin States

the Minister requests the Authority to do so; or

all of the Basin States request the Authority to do so.

the outcomes specified for the Basin Plan are not being achieved; or

the objectives specified for the Basin Plan are no longer appropriate for Basin water resources or for one or more water resource plan areas.

matters relevant to Indigenous people in relation to the management of Basin water resources including, but not limited to, the extent to which Basin water resources could be managed so as to improve the spiritual, environmental, cultural, social and economic conditions of Indigenous people;

the extent to which the Basin Plan, including requirements relating to water resource plans:

recognises and protects the interests of Indigenous people; and

supports opportunities for Indigenous people to participate in determining and developing priorities and strategies for the development or use of Basin water resources, including opportunities for participation that incorporates free, prior and informed consent;

the management of climate change risks.

Report of review

prepare a report of the results of the review under subsection (1) or (2); and

give the report to the Minister; and

give a copy of the report to the relevant State Minister for each Basin State; and

make a copy of the report available on the Authority’s website.

the Basin States; and

the Basin Officials Committee; and

the Basin Community Committee;

in preparing a discussion paper in relation to the review.

give a copy of the discussion paper to the relevant State Minister for each of the Basin States; and

invite the Basin State to make submissions to the Authority on the review; and

allow the Basin State at least 12 weeks from when the invitation is given to make submissions to the Authority on the review.

publish an invitation to members of the public to make submissions to the Authority on the review; and

allow at least 12 weeks from the start of the consultation period for submissions to be made to the Authority on the review.

(a) in the Gazette; and

in a newspaper circulating generally in each Basin State; and

on the Authority’s website.

The consultation period starts when the invitation is published in the Gazette.

specify how a person may obtain a copy of the discussion paper; and

specify a physical address, and an email address, to which a person may send submissions on the review to the Authority; and

specify the date by which submissions must be received by the Authority; and

indicate that submissions that a person makes to the Authority on the review will be published on the Authority’s website unless the person specifically requests the Authority to treat the submissions (or a particular part of the submissions) confidentially.

one that the Minister accredits under section 63; or

one that the Minister adopts under section 69.

does not take effect for the purposes of this Act before the Minister accredits the plan under that section; and

ceases to have effect for the purposes of this Act if the Minister adopts a water resource plan for the water resource plan area under section 69.

the requirements for water resource plans; and

any long-term annual diversion limit for the water resources of the water resource plan area (or for a particular part of those water resources).

The relevant Basin Plan for the water resource plan is the version of the Basin Plan that the Minister applies in relation to the water resource plan under subsection 56(2).

the Basin Plan; and

the extent to which the water resource plan is consistent with the Basin Plan.

Version of Basin Plan to be applied—general

given to the Minister under Subdivision D (accrediting water resource plans prepared by Basin States); and

covered by an item in the following table;

the Basin Plan that is to be applied is worked out in accordance with that item.

Minister to have regard to Authority’s advice

do an act in relation to water resources of a water resource plan area if the act is inconsistent with the water resource plan for the area; or

fail to do an act in relation to water resources of a water resource plan area if the failure to do that act is inconsistent with the water resource plan for the area.

on a constitutional corporation; or

in relation to conduct that affects the activities of a constitutional corporation.

with other countries; or

among the States; or

between a State and a Territory.

have effect independently of each other; and

do not limit section 61; and

do not limit the operation (if any) that section 59 validly has apart from this section.

between the States; or

between a State and a Territory.

the trading or transfer takes place in a Territory; or

the trading or transfer relates to tradeable water rights in relation to a water resource in a Territory.

have effect independently of each other; and

do not limit section 60; and

do not limit the operation (if any) that section 59 validly has apart from this section.

may provide that subsections 58(1) and 59(1) do not apply to a particular activity only if the conditions specified in the regulations are satisfied; and

may provide that subsections 58(1) and 59(1) do not apply to a particular activity only for the period specified in the regulations.

Subdivision D—Accrediting water resource plans prepared by Basin States

give the Authority a proposed water resource plan for a water resource plan area that is located within the Basin State; and

ask the Authority to give the proposed water resource plan to the Minister for accreditation.

The proposed water resource plan may be constituted by 2 or more instruments.

consider the proposed water resource plan; and

prepare recommendations for the Minister on whether the proposed water resource plan should be accredited; and

give the Minister the proposed water resource plan and the recommendations.

gives the Basin State written notice of the grounds on which the Authority considers that it should recommend that the Minister not accredit the plan; and

gives the Basin State the opportunity to make submissions to the Authority, within the period of 14 days after the notice referred to in paragraph (a) is given, in relation to the grounds set out in the notice; and

has regard to the submissions made by the Basin State within that period in deciding what recommendations to make to the Minister in relation to the proposed water resource plan.

The Authority may, in writing, extend or further extend the period referred to in paragraph (b).

must consider the proposed water resource plan and the recommendations; and

may either:

accredit the plan; or

not accredit the plan.

must be made in writing; and

(b) is a legislative instrument, but Legislation Act 2003 does not apply to the decision.section 42 (disallowance) of the

the Minister decides to accredit, or not to accredit, a proposed water resource plan under subsection (5); and

that decision does not follow a recommendation that the Authority gives the Minister under subsection (3);

the Minister must, when the Minister’s decision is laid before a House of the Parliament under the Legislation Act 2003, cause a copy of a statement that sets out the Minister’s reasons for not following the Authority’s recommendation to be laid before that House.

the time within which the steps provided for in this section are to be taken; and

the process to be followed in taking the steps provided for in this section.

when the water resource plan ceases to have effect;

the end of the period of 3 years after an amendment of the Basin Plan that affects water resource plan accreditations comes into effect, if the version of the Basin Plan used under subsection 63(6) in accrediting the water resource plan was in effect before that amendment came into effect.

give the Authority a proposed amendment of a water resource plan that is accredited under section 63 for a water resource plan area that is located within the Basin State; and

ask the Authority to give the proposed amendment to the Minister for accreditation.

consider the proposed amendment; and

prepare recommendations for the Minister on whether the proposed amendment should be accredited; and

give the Minister the proposed amendment and the recommendations.

gives the Basin State written notice of the grounds on which the Authority considers that it should recommend that the Minister not accredit the amendment; and

gives the Basin State the opportunity to make submissions to the Authority, within the period of 14 days after the notice referred to in paragraph (a) is given, in relation to the grounds set out in the notice; and

has regard to the submissions made by the Basin State within that period in deciding what recommendations to make to the Minister in relation to the amendment.

The Authority may, in writing, extend or further extend the period referred to in paragraph (b).

must consider the amendment and the recommendations; and

may either:

accredit the amendment; or

not accredit the amendment.

must be made in writing; and

(b) is a legislative instrument, but Legislation Act 2003 does not apply to the decision.section 42 (disallowance) of the

the Minister decides to accredit, or not to accredit, a proposed amendment of a water resource plan under subsection (5); and

that decision does not follow a recommendation that the Authority gives the Minister under subsection (3);

the Minister must, when the Minister’s decision is laid before a House of the Parliament under the Legislation Act 2003, cause a copy of a statement that sets out the Minister’s reasons for not following the Authority’s recommendation to be laid before that House.

the time within which the steps provided for in this section are to be taken; and

the process to be followed in taking the steps provided for in this section.

a water resource plan accredited under section 63 is amended; and

the amendment is of a kind to which this section applies; and

the Basin State concerned notifies the Authority within 14 days after the amendment is made;

the amendment is taken to have been accredited under the Authority.section 65 at the time when the notice referred to in paragraph (c) is given to

subsection (2), (3), (4) or (5) is satisfied; and

the requirements of Division 3 are satisfied.

This subsection does not apply to a water resource plan area if a transitional water resource plan is in effect in relation to the area under Part 11.

the Basin State in which the area is located gives the Authority a water resource plan for the area under section 63; and

the Minister decides under subsection 63(5) not to accredit the water resource plan because the water resource plan is not consistent with the Basin Plan.

a water resource plan for the area is accredited under section 63; and

a review of the water resource plan is undertaken under:

a State water management law; or

the water resource plan itself; and

the report of the review recommends that the water resource plan be amended; and

the Basin State in which the area is located does not give the Authority an amendment of the water resource plan under section 65 within a reasonable time after the recommendation is made.

a water resource plan for the area is accredited under section 63; and

there is a review of the water resource plan; and

the report of the review recommends that the water resource plan be amended; and

the Basin State in which the area is located gives the Authority an amendment of the water resource plan under section 65; and

the Minister decides under subsection 65(5) not to accredit the amendment because the amendment is not consistent with the Basin Plan.

prepare a water resource plan for the area in accordance with the process set out in the regulations; and

give the water resource plan to the Minister for adoption.

the existing water resource plan; and

the amendment that the Basin State gives the Authority under section 65;

to the extent to which it is possible to do so consistently with the Basin Plan.

consider the water resource plan; and

either:

adopt the water resource plan; or

give the water resource plan back to the Authority with suggestions for consideration by the Authority.

consider the suggestions; and

undertake such consultations in relation to the suggestions as the Authority considers necessary or appropriate; and

give the Minister either:

an identical version of the water resource plan; or

an altered version of the water resource plan;

together with the Authority’s views on the Minister’s suggestions; and

prepare a document that summarises:

any submissions it received in response to the consultations referred to in paragraph (b); and

how it addressed those submissions; and

the extent (if any) to which its consideration of those submissions has affected the version or views given to the Minister under paragraph (c).

consider that version of the water resource plan and the views given to the Minister under subsection (2); and

either:

adopt that version of the water resource plan; or

direct the Authority, in writing, to make modifications to that version of the water resource plan and give it to the Minister for adoption.

the Authority must comply with the direction; and

the Minister must adopt the water resource plan given to the Minister in compliance with the direction.

any direction the Minister gave under subparagraph (3)(b)(ii) in relation to the water resource plan; and

the Minister’s reasons for giving that direction.

the quantity of water available from the water resources of the water resource plan area during that water accounting period;

the quantity of water permitted to be taken from the water resources of the water resource plan area during the water accounting period;

the quantity of water actually taken from the water resources of the water resource plan area during the water accounting period;

details of the water allocations made in relation to the water resources of that area in relation to that water accounting period;

details of any other decisions made by, or under the law of, the Basin State, that permit the taking of water from the water resources of that area during that water accounting period;

details of the trading or transfer of tradeable water rights in relation to the water resources of that area during that water accounting period:

within the area; and

into the area; and

from the area;

an assessment of compliance with any long-term annual diversion limit for the water resources of the area, or for a particular part of those water resources, in accordance with the method specified in the Basin Plan;

(h) if there has been non-compliance with any long-term annual diversion limit for the water resources of the area, or for a particular part of those water resources—a proposed set of actions (an action plan) that the Basin State proposes to take to ensure that the limit is complied with in the future;

details of progress during the water accounting period in taking the proposed set of actions specified in an action plan under paragraph (h) relating to the water accounting period.

the information mentioned in paragraphs (1)(b) and (c) in relation to each of the relevant water accounting periods;

any other information necessary to make the one-off adjustment.

if the register of take for the surface water SDL resource unit has already commenced as at the commencement of this subsection—in the first report given to the Authority under subsection (1) after the commencement of this subsection; or

if the register of take for the surface water SDL resource unit has not already commenced as at the commencement of this subsection—in the first report given to the Authority under subsection (1) after the end of the water accounting period in which the register of take commences.

specifies the circumstances; and

sets out the Minister’s reasons for being satisfied that the circumstances give rise to the step-in power; and

indicates that the Minister is considering exercising the step-in power; and

indicates that the Minister is willing to engage in a mediation process in relation to the circumstances; and

requests the Basin State to notify the Minister, in writing, within 2 weeks after the notice under this subsection is given, whether the Basin State is also willing to engage in a mediation process in relation to the circumstances.

Mediation

a person determined by agreement between the Minister and the Basin State; or

a person nominated by the President of the Law Council of Australia if the Minister and the Basin State do not agree on a person to be the mediator.

the process agreed by the Minister and the affected Basin State; or

the process determined by the mediator if the Minister and the affected Basin State do not agree on the process for the mediation.

the Basin State has indicated that it is not willing to engage in a mediation process in relation to the circumstances and the period of 1 month starting on the day on which the notice was given under subsection (2) ends; or

the Basin State has indicated that it is willing to engage in a mediation process in relation to the circumstances and the period of 2 months starting on the day on which the notice was given under subsection (2) ends.

specifies the circumstances that, in the Minister’s opinion, give rise to the step-in power; and

sets out the Minister’s reasons for being satisfied that the circumstances give rise to the step-in power; and

specifies the action or actions that the Minister considers would deal with the circumstances without the exercise of the step-in power; and

specifies the time within which the action or actions should be taken; and

indicates that the Minister will consider exercising the step-in power if the action or actions are not taken within the time referred to in paragraph (d); and

requests the affected Basin State to respond to the notice within the period specified in the notice.

the period specified under paragraph (8)(f); or

such longer period as the Minister allows.

raise any issues that the Basin State considers appropriate; and

draw attention to any facts or matters in relation to the circumstances that the Basin State considers should be taken into account; and

draw attention to any mitigating factors in relation to the circumstances; and

propose a variation of, or an alternative to, the action or actions specified under paragraph (8)(c).

Notice of intention to proceed to a decision

the affected Basin State does not respond under subsection (11); or

the affected Basin State responds under subsection (11) and the Minister, having considered the response, intends to proceed to consider whether to exercise the step-in power;

the Minister must give the Basin State a notice that:

indicates that the Minister intends to proceed to consider whether to exercise the step-in power; and

sets out the Minister’s reasons for intending to do so.

Decision to exercise step-in power

the process provided for in subsections (2) to (13), or that process as varied by agreement in writing between the Minister and the affected Basin State, has been followed; and

the period of 2 weeks starting on the day on which the Minister gave the notice under subsection (13) has ended; and

the Minister has considered the response (if any) of the affected Basin State under subsection (11); and

the Minister is satisfied that:

circumstances that give rise to the step-in power exist; and

the circumstances, if not dealt with, will materially and adversely impact on the efficient or effective implementation of the Basin Plan; and

the exercise of the step-in power would be an effective means for dealing with the circumstances; and

there is no other feasible and effective alternative way of dealing with the circumstances.

at the end of a particular period of time; or

when a specified action is taken; or

when specified circumstances exist; or

when the Minister is satisfied that specified conditions have been met.

the person engages in conduct; and

the conduct results in water being taken from a water resource; and

a water resource plan for a water resource plan area applies to the water resource; and

(d) the taking of the water would constitute a contravention of the law of a State if any fault element or state of mind requirement were to be satisfied in relation to the taking of the water (the potential State contravention).