{"id":"F2025L01342","name":"PGPA Act (Aboriginal Water Entitlements Special Account) Determination 2025","slug":"pgpa-act-aboriginal-water-entitlements-special-account-determination-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443027,"registerId":"F2025L01342-fast-fetch-1775957941650","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PGPA Act (Aboriginal Water Entitlements Special Account) Determination 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-keywords: \"[SEC=OFFICIAL]\"\ntitle: PGPA Act (Aboriginal Water Entitlements Program Special Accounts) Determination 2025\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nPGPA Act (Aboriginal Water Entitlements Special Account) Determination 2025\n\nI, KATY GALLAGHER, Minister for Finance, make the following determination.\n\nDated              27 October 2025   \n\nKATY GALLAGHER\n\nMinister for Finance\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Establishment of the special account\n\n6  Accountable authority of the special account\n\n7  Amounts that may be credited to the special account\n\n8  Purposes of the special account\n\n \n\n \n\n1  Name\n\n  This instrument is the PGPA Act (Aboriginal Water Entitlements Special Account) Determination 2025.\n\n2  Commencement\n\n (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- The whole of this instrument The day mentioned in paragraph 79(5)(a) of the Public Governance, Performance and Accountability Act 2013.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subsection 78(1) of the Act.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Public Governance, Performance and Accountability Act 2013.\n\nthe special account means the Aboriginal Water Entitlements Special Account 2025 established by this instrument.\n\nwater entitlements means water access rights, water delivery rights, irrigation rights or other similar rights relating to water, and interests in, or in relation to, such rights.\n\n5  Establishment of the special account\n\n  For paragraph 78(1)(a) of the Act, the Aboriginal Water Entitlements Special Account 2025 is established as a special account.\n\n \n\n6  Accountable authority of the special account\n\n  For paragraph 78(1)(d) of the Act, the accountable authority responsible for the special account is the Secretary of the Department of Climate Change, Energy, the Environment and Water.\n\n \n\n7  Amounts that may be credited to the special account\n\n (1) For paragraph 78(1)(b) of the Act, the following amounts may be credited to the special account:\n\n (a) amounts equal to amounts of any gifts given or bequests made for the purposes of the special account;\n\n (b) amounts received in the course of the performance of functions that relate to the purposes of the special account; and\n\n (c) an amount received from any person for one or more purposes of the special account.\n\n \n\n8  Purposes of the special account\n\n (1) For paragraph 78(1)(c) of the Act, the purposes of the special account, in relation to which amounts may be debited from the special account, are:\n\n (a) to purchase, use, manage, trade, transfer, lease, gift, dispose of and otherwise deal in water entitlements for the benefit of First Nations communities in the Murray-Darling Basin;\n\n (b) to pay or discharge the costs, expenses and other obligations incurred by the Commonwealth in performing, or engaging others to perform, the activities referred to in subsection 8(1)(a), excluding departmental staff costs;\n\n (c) to repay an amount where a court order, Act or other law requires or permits the repayment of an amount received; and\n\n (d) to reduce the balance of the special account (and, therefore, the available appropriation for the special account) without making a real or notional payment.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard establishment instrument for a special account under the Public Governance, Performance and Accountability Act 2013. It precisely matches its intended purpose: creating a dedicated financial mechanism for Aboriginal water entitlements in the Murray-Darling Basin. There is no scope creep or expansion beyond the original policy intent."},"complexity_factors":["Very short instrument (8 sections, approximately 2 pages)","Only 2 defined terms in section 4 ('Act' and 'water entitlements')","Simple structure: establishment, authority, credits, purposes — no nested conditions or exceptions","No cross-references to other legislation beyond the enabling provision (PGPA Act 2013, section 78)","Straightforward purposive provisions without conditional triggers or temporal limitations","Standard special account template under the PGPA Act — follows well-established legislative pattern"],"plain_english_summary":"This law creates the Aboriginal Water Entitlements Special Account 2025 — a government-held fund, managed by the Department of Climate Change, Energy, the Environment and Water, to receive and hold money earmarked for acquiring and managing water entitlements for First Nations communities in the Murray‑Darling Basin. \n\nIt matters because it provides a dedicated funding mechanism (including donations and payments) to increase Indigenous access to water rights and address historical imbalances in Basin water allocation."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument, as drafted, establishes and defines the special account, its accountable authority, sources of credit and permissible debits. It does not itself amend other legislation or indicate a change from the account’s stated establishment and operational parameters."},"complexity_factors":["Narrow, transaction-focused purpose but requires active participation in water markets (establishment and dealing in entitlements) (s5, s8(1)(a)).","Accountable authority designated is a senior department Secretary, concentrating decision-making and ministerial/administrative oversight (s6).","Multiple sources of credit (gifts, receipts, payments) create ordinary accounting and compliance requirements (s7).","Exclusion of departmental staff costs from debits introduces internal cost allocation and compliance nuances for project budgeting (s8(1)(b)).","Power to reduce the account balance without a real or notional payment affects appropriation mechanics and requires careful treasury treatment (s8(1)(d)).","Broad definition of “water entitlements” may require interpretation when acquiring, trading or transferring rights in diverse water instruments (definitions).","Built entirely under subsection 78(1) of the PGPA Act, so interaction with the PGPA framework and appropriation law is material (s3/authority)."],"plain_english_summary":"Creates the Aboriginal Water Entitlements Special Account 2025 under the PGPA Act to buy, hold and otherwise deal in water entitlements for the benefit of First Nations communities in the Murray–Darling Basin. \n\nThe Secretary of the Department of Climate Change, Energy, the Environment and Water is the accountable authority. Money may be credited from gifts, receipts related to account activities and payments from persons; debits may cover transaction costs (excluding departmental staff), legally required repayments, or reduce the account balance without a real payment."}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-aboriginal-water-entitlements-special-account-determination-2025","history":"/api/acts/pgpa-act-aboriginal-water-entitlements-special-account-determination-2025/history","analysis":"/api/acts/pgpa-act-aboriginal-water-entitlements-special-account-determination-2025/analysis","conflicts":"/api/acts/pgpa-act-aboriginal-water-entitlements-special-account-determination-2025/conflicts","importantCases":"/api/acts/pgpa-act-aboriginal-water-entitlements-special-account-determination-2025/important-cases","documents":"/api/acts/pgpa-act-aboriginal-water-entitlements-special-account-determination-2025/documents"}}