Basin Plan 2012

Chapter 1—Introduction

1.01 Name of instrument

This instrument is the Basin Plan 2012.

1.02 Making and effect of Basin Plan

(1) The Basin Plan is made under Part 2 of the Act.

(2) The Basin Plan has the effect provided for in sections 34, 35, 36, 37, 86G and 86H of the Act.

1.03 Application of Basin Plan

The Basin Plan applies to Basin water resources.

Note: See section 4 of the Act for the meaning of Basin water resources.

1.01 Name of instrument

1.01 Name of instrument

This instrument is the Basin Plan 2012.

1.02 Making and effect of Basin Plan

1.02 Making and effect of Basin Plan

(1) The Basin Plan is made under Part 2 of the Act.

(2) The Basin Plan has the effect provided for in sections 34, 35, 36, 37, 86G and 86H of the Act.

1.03 Application of Basin Plan

1.03 Application of Basin Plan

The Basin Plan applies to Basin water resources.

Note: See section 4 of the Act for the meaning of Basin water resources.

Part 2 Structure of the Basin Plan

Part 2—Structure of the Basin Plan

1.05 Simplified outline

(1) The following table provides a summary of the Basin Plan:

(2) Most Chapters are divided into Parts, Divisions and Subdivisions within the Chapter and these are made up of sections.

(3) Each section is numbered with the number before the decimal point referring to the Chapter number (for example, section 5.04 is the fourth section in Chapter 5).

1.05 Simplified outline

1.05 Simplified outline

(1) The following table provides a summary of the Basin Plan:

(2) Most Chapters are divided into Parts, Divisions and Subdivisions within the Chapter and these are made up of sections.

(3) Each section is numbered with the number before the decimal point referring to the Chapter number (for example, section 5.04 is the fourth section in Chapter 5).

Part 3 Interpretation

Part 3—Interpretation

1.06 Where terms are defined

Many terms used in the Basin Plan have special meanings. Some are defined in the Act, and have the same meaning in the Basin Plan unless it provides otherwise. See also the list of definitions in section 1.07.

Note: See section 13 of the Legislative Instruments Act 2003.

1.07 Definitions

(1) In the Basin Plan:

Act means the Water Act 2007.

adaptive management is taken to include the following steps:

(a) setting clear objectives;
(b) linking knowledge (including local knowledge), management, evaluation and feedback over a period of time;
(c) identifying and testing uncertainties;
(d) using management as a tool to learn about the relevant system and change its management;
(e) improving knowledge;
(f) having regard to the social, economic and technical aspects of management.

advance means an advance determined by the Authority in accordance with clause 102C of the Agreement or clause 7 of Schedule H to the Agreement.

Note: Some provisions of the Basin Plan refer explicitly to only one of these 2 kinds of advances.

ADWG means the Australian Drinking Water Guidelines published by the National Health and Medical Research Council and the Natural Resource Management Ministerial Council in 2011.

Agreement means the Murray‑Darling Basin Agreement, as amended from time to time in accordance with that agreement and as set out in Schedule 1 to the Act.

Note: This is the same as the definition in section 18A of the Act. Other terms used in the Act have the same meaning in the Basin Plan unless the Basin Plan otherwise provides: see section 1.06.

allocation announcement means an announcement specifying the volume of water allocated to water access entitlements.

Note: An announcement could increase, decrease or leave unchanged the quantity of water allocated.

annual actual take:

annual environmental watering priorities has the meaning given by section 8.23.

annual permitted take:

ANZECC Guidelines means the Australian and New Zealand Guidelines for Fresh and Marine Water Quality published by the Australian and New Zealand Environment and Conservation Council and the Agriculture and Resource Management Council of Australia and New Zealand in 2000.

apportioned supply contribution has the meaning given by subsection S6A.02(1) of Schedule 6A.

approval authority, in relation to the proposed trade of a water access right, means a person whose approval is required under State water management law for the trade to proceed.

asset class means a class of environmental asset.

Note: Example: Floodplain, riparian forest or billabong.

basic right means any of the following:

(a) a right under State water management law to take water for domestic or stock purposes;
(b) a harvestable right under the Water Management Act 2000 of New South Wales;
(c) a native title right.

Basin annual environmental watering priorities has the meaning given by section 8.27.

Basin‑wide environmental watering strategy has the meaning given by section 8.13.

BDL (baseline diversion limit) means the baseline limit of take from an SDL resource unit. This baseline limit is:

(a) for a surface water SDL resource unit—the quantity of water calculated in accordance with column 2 of the table in Schedule 3 for that SDL resource unit; and
(b) for a groundwater SDL resource unit—the quantity of water specified in column 3 of the table in Schedule 4 for that SDL resource unit.

carryover announcement means an announcement made by a Basin State as to when water allocations covered by a carryover arrangement may be taken.

carryover arrangement means an arrangement which allows a water access right holder to retain water allocations not taken in a water accounting period for possible take in the next water accounting period.

commercial plantation means an area of land on which perennial woody plants are planted primarily for commercial purposes (other than the production of food).

Note: Some examples of commercial purposes are the production of timber, woodchip, oil or biofuel, or the commercial exploitation of the carbon sequestration capacity of the plants.

conveyance reserve has the meaning given by clause 2 of the Agreement.

current efficiency contribution has the meaning given by subsection S6A.02(1) of Schedule 6A.

data includes metadata.

deep drainage means the volume of water that moves below the root zone, whether or not the water enters the saturated zone and becomes recharge to the groundwater system.

Department means the Commonwealth Department of Sustainability, Environment, Water, Population and Communities.

de‑watering means controlling or lowering the level of groundwater within an aquifer.

EC means electrical conductivity, expressed in microsiemens per centimetre (µS/cm).

ecological objective means an objective for the protection, and if necessary restoration, of a priority environmental asset or priority ecosystem function.

ecological target means a target that must be met in order to achieve an ecological objective.

environmental assets and ecosystem functions database has the meaning given by section 8.48.

environmental water recovery recommendations has the meaning given by section 8.46.

environmental watering requirements means the environmental watering requirements of a priority environmental asset or priority ecosystem function, as the case may be, identified using the methods set out in Part 5 of Chapter 8.

floodplain harvesting means the taking of water from a floodplain, including after it leaves a watercourse during a flood.

form of take means any of the following forms of take:

(a) take from a watercourse;
(b) take from a regulated river;
(c) take by floodplain harvesting;
(d) take by runoff dams;
(e) net take by commercial plantations;
(f) take from groundwater;
(g) take under basic rights.

generally available: information is generally available if it has been published in a manner that will, or will be likely to, bring it to the attention of interested members of the public.

groundwater means:

(a) water occurring naturally below ground level (whether in an aquifer or otherwise); or
(b) water occurring at a place below ground that has been pumped, diverted or released to that place for the purpose of being stored there;

but does not include water held in underground tanks, pipes or other works.

groundwater resource means a Basin water resource consisting of:

(a) groundwater; or
(b) an aquifer (whether or not it has water in it).

groundwater SDL resource unit has the meaning given by section 6.03.

Guidelines for Managing Risks in Recreational Water means the Guidelines for Managing Risks in Recreational Water published by the National Health and Medical Research Council in 2008.

historical climate conditions means the climatic conditions for the period July 1895 to June 2009 represented by the best available records of hydrological and meteorological information for that period.

hydraulic connectivity means the ease with which, or the rate at which, groundwater moves:

(a) within an aquifer; or
(b) between aquifers; or
(c) between aquifers and the adjacent or overlying surface water system.

hydrologic connections and water supply considerations has the meaning given by section 12.18.

Indigenous uses has the meaning given by section 10.52.

Indigenous values has the meaning given by section 10.52.

listed threatened ecological community has the meaning given by section 528 of the Environment Protection and Biodiversity Conservation Act 1999.

listed threatened species has the meaning given by section 528 of the Environment Protection and Biodiversity Conservation Act 1999.

local reduction amount, for an SDL resource unit, means:

(a) the quantity of water identified in column 2 of Schedule 2 as the local reduction amount for the unit; or
(b) if no quantity is identified—zero.

location‑related right has the meaning given by section 12.06.

long‑term watering plan has the meaning given by section 8.18.

major storages has the meaning given by clause 2 of the Agreement.

MDBA Technical Report 2010/20 means the Murray‑Darling Basin Authority Technical Report 2010/20 titled Water Resource Assessments for Without Development and Baseline Conditions Version 2 published by the Authority in November 2011.

MDBA Technical Report 2011/01 means the Murray‑Darling Basin Authority Technical Report 2011/01 titled Comparison of Watercourse Diversion Estimates in the Proposed Basin Plan with other Published Estimates Version 2 published by the Authority in November 2011.

native title right has the meaning given by section 223 of the Native Title Act 1993.

natural monthly water temperature means the natural monthly water temperature that is estimated either through modelling or through the actual measurement of temperature at representative undisturbed locations.

net effect has the meaning given by subsection S6A.04(2) of Schedule 6A.

net take, in the context of a commercial plantation, means the difference between the take by a commercial plantation and the take by the vegetation existing at the site of the plantation before the plantation commenced.

NTU means a nephelometric turbidity unit.

overturn means the remixing of a stratified water body.

physical constraint means a natural formation or a physical structure (for example, a pipe or channel) that limits the volume of water that can pass a given location.

priority ecosystem function has the meaning given by section 8.50.

priority environmental asset has the meaning given by section 8.49.

raw water means water in its natural state prior to any treatment.

recharge means the inflow of water, including precipitation, to a groundwater resource.

reconfiguration or decommissioning work has the meaning given by section 12.29.

recovery of environmental water means the acquisition of a water access right for the purpose of achieving an environmental outcome.

reduced supply contribution has the meaning given by subsection S6A.05(3) of Schedule 6A.

register of take means the register of take referred to in section 6.08.

regulated river means:

(a) in New South Wales—a river that has been declared in accordance with the Water Management Act 2000 of New South Wales to be a regulated river before the commencement of the Basin Plan;
(b) in Victoria—a river where the flow is regulated through the operation of large dams or large weirs.

regulated system means a surface water system in which water in a watercourse can be stored or flow levels can be controlled, through the use of structures such as large dams or large weirs.

related party, in relation to an approval authority, means:

(a) an entity in which the approval authority has a controlling interest; or
(b) a natural person who is acting on behalf of the approval authority in return for a commission or fee.
> relevant water accounting period

, in Division 1A of Part 4 of Chapter 6, has the meaning given by subsection 6.08E(4).

resource availability scenario has the meaning given by section 8.61.

restrict, in relation to trade, includes refuse, prevent, deter, delay or impose a condition or a barrier (including a volumetric limit) on, and restriction has a corresponding meaning.

runoff dam means a dam or reservoir that collects surface water flowing over land.

Note: In New South Wales, a runoff dam may also collect water from a first‑ or second‑order stream.

SDL means the long‑term average sustainable diversion limit.

SDL adjustment amount, for a particular surface water SDL resource unit and for a particular water accounting period, has the meaning given by section 6.05A.

SDL resource unit means the water resources, or particular parts of the water resources, of a water resource plan area that is either a surface water SDL resource unit or groundwater SDL resource unit.

SDL resource unit shared reduction amount has the meaning given by section 6.05.

shortfall in conveyance water means the shortfall calculated in accordance with subsection 86D(2) of the Act.

soil degradation, for the purposes of the objective for irrigation water in section 9.06 and the targets for irrigation water in section 9.17, means reduced permeability and soil structure breakdown caused by the level of sodium in the irrigation water, assessed using the sodium adsorption ratio.

surface water resource means a Basin water resource consisting of:

(a) surface water; or
(b) a watercourse, lake or wetland (whether or not it has water in it).

surface water SDL resource unit has the meaning given by section 6.02.

tagged water access entitlement has the meaning given by section 12.23.

target application zone has the meaning given by section 9.16.

tier of water sharing arrangements means either Tier 1 water sharing arrangements, Tier 2 water sharing arrangements or Tier 3 water sharing arrangements, within the meaning of the Agreement.

total current efficiency contribution has the meaning given by subsection S6A.02(1) of Schedule 6A.

transformation means the transformation of the whole, or a part, of an irrigation right into a water access entitlement in accordance with transformation arrangements.

transformation arrangements means arrangements of the kind referred to in paragraph 97(1)(a) of the Act.

unregulated system means a surface water system that is not a regulated system.

volumetric limit means a limit whose purpose or effect is to cap the total volume of water that may be traded into or out of an area. water accounting period:

(a) other than in Chapter 11—has the meaning given by section 3.08; and

water announcement has the meaning given by section 12.49.

Water for Rivers means the Joint Government Enterprise Limited, a public company limited by guarantee with the registered business name ‘Water for Rivers’.

water market intermediary means any of the following:

(a) a person who trades tradeable water rights on behalf of another person in exchange for a commission or fee;
(b) a person who investigates tradeable water right trading possibilities on behalf of a potential water market participant for a commission or fee;
(c) a person who prepares documents necessary for the trade of a tradeable water right on behalf of a potential water market participant for a commission or fee;
(d) a person who provides a trading platform or water exchange for tradeable water rights.

water quality includes salinity.

water quality characteristic:

(a) other than in Chapter 11—means a characteristic of water quality for which Part 4 of Chapter 9 sets a target value; and

water register means a record of water access rights in a Basin State.

water resource assessment means an assessment (including one for the purpose of a determination under clause 102(c) of the Agreement) of the amount of water that will be available:

(a) for distribution to New South Wales, Victoria and South Australia during a particular period; and
(b) for holding in reserve at the end of the period;

taking into account matters including:

(c) the volume of water held in the major storages; and
(d) estimated water use during the period; and
(e) assumed or forecast inflows during the period.

water supply authority means an infrastructure operator that treats and supplies water for human consumption.

water use approval means an authority to use water on specified land or in a specified watercourse.

Wimmera‑Mallee Pipeline Project means the joint water infrastructure project with the name ‘The Wimmera‑Mallee Pipeline Project’ undertaken by Grampians Wimmera Mallee Water Corporation and funded by the Commonwealth and Victoria.

works approval means an authority to construct and use water supply works (including pumps, bores and dams).

worst case planning water resource assessment means a water resource assessment taking into account the minimum inflow sequence to the River Murray System.

WQM Plan means a water quality management plan for a water resource plan area made in accordance with Part 7 of Chapter 10.

(2) In the Basin Plan, a reference to trade includes a reference to transfer.

(3) To avoid doubt, trade includes:

(a) a trade that does not involve the payment of consideration; and
(b) a trade between places under which ownership of the right being traded does not change; and
(c) the establishment of a leasing arrangement; and
(d) the establishment of a tagged water access entitlement.

(4) To avoid doubt:

(a) a reference to the commencement of the Basin Plan is a reference to commencement under subsection 1.04(1); and
(b) a reference to the commencement of Chapter 12 is a reference to commencement under subsection 1.04(2).

Note: A number of provisions of the Basin Plan require decision‑makers to ‘have regard to’ certain matters when performing functions and making decisions. The phrases ‘have regard to’ and similar phrases are intended to be interpreted consistent with case law, as it develops from time to time and as applied with appropriate regard to the circumstances. This note is intended to reflect the case law and not to limit its application or development. When a decision‑maker is required to ‘have regard to’ particular matters, it is expected that the decision‑maker will give those matters proper, genuine and realistic consideration, even if not ultimately bound to act in accordance with those matters. A requirement to ‘have regard to’ a particular matter or matters does not mean that the decision‑maker cannot have regard to other relevant matters, for example, the benefits and costs of taking a particular action. See section 1.07 of the explanatory statement in relation to the Basin Plan for further information about the phrases ‘have regard to’, ‘having regard to’ and ‘regard must be had’.

1.08 Basin Plan not to be inconsistent with Snowy Water Licence

A provision of the Basin Plan has no effect to the extent to which the provision is inconsistent with the provisions of the licence issued under section 22 of the Snowy Hydro Corporatisation Act 1997 of New South Wales.

Note: The Basin Plan applies to all Basin waters, including the Upper Murrumbidgee River, except to the extent that the Basin Plan is inconsistent with the licence mentioned in this section.

1.09 Construction of provisions imposing obligations on States

If:

(a) the Basin Plan purports to impose an obligation on a Basin State to do a particular thing; and
(b) the imposition of that obligation would contravene a constitutional doctrine restricting the obligations that the Commonwealth may impose on a State;

the Basin Plan is taken, instead of imposing the obligation, to confer a discretion on the Basin State to do the thing.

1.10 Reasonable excuse for not producing or providing information etc

If the Basin Plan requires a person or body to produce or provide information, a notice or a document, the person or body need not comply with the requirement if the person or body has a reasonable excuse for non‑compliance.

1.11 Avoidance of double counting of forms of take

For the purposes of the Basin Plan, in ascribing a particular quantity of water that is taken to a form of take, the quantity of water must be ascribed to one, and only one, form of take.

Note: It will often be possible to ascribe a quantity of water that is taken under basic rights either to take under basic rights, or to another form of take. In such a case, this section does not stipulate to which form of take the quantity of water should be ascribed. However, some other provisions of the Basin Plan do stipulate this. See for example Schedule 3.

1.06 Where terms are defined

1.06 Where terms are defined

Many terms used in the Basin Plan have special meanings. Some are defined in the Act, and have the same meaning in the Basin Plan unless it provides otherwise. See also the list of definitions in section 1.07.

Note: See section 13 of the Legislative Instruments Act 2003.

1.07 Definitions

1.07 Definitions

(1) In the Basin Plan:

Act means the Water Act 2007.

adaptive management is taken to include the following steps:

(a) setting clear objectives;
(b) linking knowledge (including local knowledge), management, evaluation and feedback over a period of time;
(c) identifying and testing uncertainties;
(d) using management as a tool to learn about the relevant system and change its management;
(e) improving knowledge;
(f) having regard to the social, economic and technical aspects of management.

advance means an advance determined by the Authority in accordance with clause 102C of the Agreement or clause 7 of Schedule H to the Agreement.

Note: Some provisions of the Basin Plan refer explicitly to only one of these 2 kinds of advances.

ADWG means the Australian Drinking Water Guidelines published by the National Health and Medical Research Council and the Natural Resource Management Ministerial Council in 2011.

Agreement means the Murray‑Darling Basin Agreement, as amended from time to time in accordance with that agreement and as set out in Schedule 1 to the Act.

Note: This is the same as the definition in section 18A of the Act. Other terms used in the Act have the same meaning in the Basin Plan unless the Basin Plan otherwise provides: see section 1.06.

allocation announcement means an announcement specifying the volume of water allocated to water access entitlements.

Note: An announcement could increase, decrease or leave unchanged the quantity of water allocated.

annual actual take:

annual environmental watering priorities has the meaning given by section 8.23.

annual permitted take:

ANZECC Guidelines means the Australian and New Zealand Guidelines for Fresh and Marine Water Quality published by the Australian and New Zealand Environment and Conservation Council and the Agriculture and Resource Management Council of Australia and New Zealand in 2000.

apportioned supply contribution has the meaning given by subsection S6A.02(1) of Schedule 6A.

approval authority, in relation to the proposed trade of a water access right, means a person whose approval is required under State water management law for the trade to proceed.

asset class means a class of environmental asset.

Note: Example: Floodplain, riparian forest or billabong.

basic right means any of the following:

(a) a right under State water management law to take water for domestic or stock purposes;
(b) a harvestable right under the Water Management Act 2000 of New South Wales;
(c) a native title right.

Basin annual environmental watering priorities has the meaning given by section 8.27.

Basin‑wide environmental watering strategy has the meaning given by section 8.13.

BDL (baseline diversion limit) means the baseline limit of take from an SDL resource unit. This baseline limit is:

(a) for a surface water SDL resource unit—the quantity of water calculated in accordance with column 2 of the table in Schedule 3 for that SDL resource unit; and
(b) for a groundwater SDL resource unit—the quantity of water specified in column 3 of the table in Schedule 4 for that SDL resource unit.

carryover announcement means an announcement made by a Basin State as to when water allocations covered by a carryover arrangement may be taken.

carryover arrangement means an arrangement which allows a water access right holder to retain water allocations not taken in a water accounting period for possible take in the next water accounting period.

commercial plantation means an area of land on which perennial woody plants are planted primarily for commercial purposes (other than the production of food).

Note: Some examples of commercial purposes are the production of timber, woodchip, oil or biofuel, or the commercial exploitation of the carbon sequestration capacity of the plants.

conveyance reserve has the meaning given by clause 2 of the Agreement.

current efficiency contribution has the meaning given by subsection S6A.02(1) of Schedule 6A.

data includes metadata.

deep drainage means the volume of water that moves below the root zone, whether or not the water enters the saturated zone and becomes recharge to the groundwater system.

Department means the Commonwealth Department of Sustainability, Environment, Water, Population and Communities.

de‑watering means controlling or lowering the level of groundwater within an aquifer.

EC means electrical conductivity, expressed in microsiemens per centimetre (µS/cm).

ecological objective means an objective for the protection, and if necessary restoration, of a priority environmental asset or priority ecosystem function.

ecological target means a target that must be met in order to achieve an ecological objective.

environmental assets and ecosystem functions database has the meaning given by section 8.48.

environmental water recovery recommendations has the meaning given by section 8.46.

environmental watering requirements means the environmental watering requirements of a priority environmental asset or priority ecosystem function, as the case may be, identified using the methods set out in Part 5 of Chapter 8.

floodplain harvesting means the taking of water from a floodplain, including after it leaves a watercourse during a flood.

form of take means any of the following forms of take:

(a) take from a watercourse;
(b) take from a regulated river;
(c) take by floodplain harvesting;
(d) take by runoff dams;
(e) net take by commercial plantations;
(f) take from groundwater;
(g) take under basic rights.

generally available: information is generally available if it has been published in a manner that will, or will be likely to, bring it to the attention of interested members of the public.

groundwater means:

(a) water occurring naturally below ground level (whether in an aquifer or otherwise); or
(b) water occurring at a place below ground that has been pumped, diverted or released to that place for the purpose of being stored there;

but does not include water held in underground tanks, pipes or other works.

groundwater resource means a Basin water resource consisting of:

(a) groundwater; or
(b) an aquifer (whether or not it has water in it).

groundwater SDL resource unit has the meaning given by section 6.03.

Guidelines for Managing Risks in Recreational Water means the Guidelines for Managing Risks in Recreational Water published by the National Health and Medical Research Council in 2008.

historical climate conditions means the climatic conditions for the period July 1895 to June 2009 represented by the best available records of hydrological and meteorological information for that period.

hydraulic connectivity means the ease with which, or the rate at which, groundwater moves:

(a) within an aquifer; or
(b) between aquifers; or
(c) between aquifers and the adjacent or overlying surface water system.

hydrologic connections and water supply considerations has the meaning given by section 12.18.

Indigenous uses has the meaning given by section 10.52.

Indigenous values has the meaning given by section 10.52.

listed threatened ecological community has the meaning given by section 528 of the Environment Protection and Biodiversity Conservation Act 1999.

listed threatened species has the meaning given by section 528 of the Environment Protection and Biodiversity Conservation Act 1999.

local reduction amount, for an SDL resource unit, means:

(a) the quantity of water identified in column 2 of Schedule 2 as the local reduction amount for the unit; or
(b) if no quantity is identified—zero.

location‑related right has the meaning given by section 12.06.

long‑term watering plan has the meaning given by section 8.18.

major storages has the meaning given by clause 2 of the Agreement.

MDBA Technical Report 2010/20 means the Murray‑Darling Basin Authority Technical Report 2010/20 titled Water Resource Assessments for Without Development and Baseline Conditions Version 2 published by the Authority in November 2011.

MDBA Technical Report 2011/01 means the Murray‑Darling Basin Authority Technical Report 2011/01 titled Comparison of Watercourse Diversion Estimates in the Proposed Basin Plan with other Published Estimates Version 2 published by the Authority in November 2011.

native title right has the meaning given by section 223 of the Native Title Act 1993.

natural monthly water temperature means the natural monthly water temperature that is estimated either through modelling or through the actual measurement of temperature at representative undisturbed locations.

net effect has the meaning given by subsection S6A.04(2) of Schedule 6A.

net take, in the context of a commercial plantation, means the difference between the take by a commercial plantation and the take by the vegetation existing at the site of the plantation before the plantation commenced.

NTU means a nephelometric turbidity unit.

overturn means the remixing of a stratified water body.

physical constraint means a natural formation or a physical structure (for example, a pipe or channel) that limits the volume of water that can pass a given location.

priority ecosystem function has the meaning given by section 8.50.

priority environmental asset has the meaning given by section 8.49.

raw water means water in its natural state prior to any treatment.

recharge means the inflow of water, including precipitation, to a groundwater resource.

reconfiguration or decommissioning work has the meaning given by section 12.29.

recovery of environmental water means the acquisition of a water access right for the purpose of achieving an environmental outcome.

reduced supply contribution has the meaning given by subsection S6A.05(3) of Schedule 6A.

register of take means the register of take referred to in section 6.08.

regulated river means:

(a) in New South Wales—a river that has been declared in accordance with the Water Management Act 2000 of New South Wales to be a regulated river before the commencement of the Basin Plan;
(b) in Victoria—a river where the flow is regulated through the operation of large dams or large weirs.

regulated system means a surface water system in which water in a watercourse can be stored or flow levels can be controlled, through the use of structures such as large dams or large weirs.

related party, in relation to an approval authority, means:

(a) an entity in which the approval authority has a controlling interest; or
(b) a natural person who is acting on behalf of the approval authority in return for a commission or fee.
> relevant water accounting period

, in Division 1A of Part 4 of Chapter 6, has the meaning given by subsection 6.08E(4).

resource availability scenario has the meaning given by section 8.61.

restrict, in relation to trade, includes refuse, prevent, deter, delay or impose a condition or a barrier (including a volumetric limit) on, and restriction has a corresponding meaning.

runoff dam means a dam or reservoir that collects surface water flowing over land.

Note: In New South Wales, a runoff dam may also collect water from a first‑ or second‑order stream.

SDL means the long‑term average sustainable diversion limit.

SDL adjustment amount, for a particular surface water SDL resource unit and for a particular water accounting period, has the meaning given by section 6.05A.

SDL resource unit means the water resources, or particular parts of the water resources, of a water resource plan area that is either a surface water SDL resource unit or groundwater SDL resource unit.

SDL resource unit shared reduction amount has the meaning given by section 6.05.

shortfall in conveyance water means the shortfall calculated in accordance with subsection 86D(2) of the Act.

soil degradation, for the purposes of the objective for irrigation water in section 9.06 and the targets for irrigation water in section 9.17, means reduced permeability and soil structure breakdown caused by the level of sodium in the irrigation water, assessed using the sodium adsorption ratio.

surface water resource means a Basin water resource consisting of:

(a) surface water; or
(b) a watercourse, lake or wetland (whether or not it has water in it).

surface water SDL resource unit has the meaning given by section 6.02.

tagged water access entitlement has the meaning given by section 12.23.

target application zone has the meaning given by section 9.16.

tier of water sharing arrangements means either Tier 1 water sharing arrangements, Tier 2 water sharing arrangements or Tier 3 water sharing arrangements, within the meaning of the Agreement.

total current efficiency contribution has the meaning given by subsection S6A.02(1) of Schedule 6A.

transformation means the transformation of the whole, or a part, of an irrigation right into a water access entitlement in accordance with transformation arrangements.

transformation arrangements means arrangements of the kind referred to in paragraph 97(1)(a) of the Act.

unregulated system means a surface water system that is not a regulated system.

volumetric limit means a limit whose purpose or effect is to cap the total volume of water that may be traded into or out of an area. water accounting period:

(a) other than in Chapter 11—has the meaning given by section 3.08; and

water announcement has the meaning given by section 12.49.

Water for Rivers means the Joint Government Enterprise Limited, a public company limited by guarantee with the registered business name ‘Water for Rivers’.

water market intermediary means any of the following:

(a) a person who trades tradeable water rights on behalf of another person in exchange for a commission or fee;
(b) a person who investigates tradeable water right trading possibilities on behalf of a potential water market participant for a commission or fee;
(c) a person who prepares documents necessary for the trade of a tradeable water right on behalf of a potential water market participant for a commission or fee;
(d) a person who provides a trading platform or water exchange for tradeable water rights.

water quality includes salinity.

water quality characteristic:

(a) other than in Chapter 11—means a characteristic of water quality for which Part 4 of Chapter 9 sets a target value; and

water register means a record of water access rights in a Basin State.

water resource assessment means an assessment (including one for the purpose of a determination under clause 102(c) of the Agreement) of the amount of water that will be available:

(a) for distribution to New South Wales, Victoria and South Australia during a particular period; and
(b) for holding in reserve at the end of the period;

taking into account matters including:

(c) the volume of water held in the major storages; and
(d) estimated water use during the period; and
(e) assumed or forecast inflows during the period.

water supply authority means an infrastructure operator that treats and supplies water for human consumption.

water use approval means an authority to use water on specified land or in a specified watercourse.

Wimmera‑Mallee Pipeline Project means the joint water infrastructure project with the name ‘The Wimmera‑Mallee Pipeline Project’ undertaken by Grampians Wimmera Mallee Water Corporation and funded by the Commonwealth and Victoria.

works approval means an authority to construct and use water supply works (including pumps, bores and dams).

worst case planning water resource assessment means a water resource assessment taking into account the minimum inflow sequence to the River Murray System.

WQM Plan means a water quality management plan for a water resource plan area made in accordance with Part 7 of Chapter 10.

(2) In the Basin Plan, a reference to trade includes a reference to transfer.

(3) To avoid doubt, trade includes:

(a) a trade that does not involve the payment of consideration; and
(b) a trade between places under which ownership of the right being traded does not change; and
(c) the establishment of a leasing arrangement; and
(d) the establishment of a tagged water access entitlement.

(4) To avoid doubt:

(a) a reference to the commencement of the Basin Plan is a reference to commencement under subsection 1.04(1); and
(b) a reference to the commencement of Chapter 12 is a reference to commencement under subsection 1.04(2).

Note: A number of provisions of the Basin Plan require decision‑makers to ‘have regard to’ certain matters when performing functions and making decisions. The phrases ‘have regard to’ and similar phrases are intended to be interpreted consistent with case law, as it develops from time to time and as applied with appropriate regard to the circumstances. This note is intended to reflect the case law and not to limit its application or development. When a decision‑maker is required to ‘have regard to’ particular matters, it is expected that the decision‑maker will give those matters proper, genuine and realistic consideration, even if not ultimately bound to act in accordance with those matters. A requirement to ‘have regard to’ a particular matter or matters does not mean that the decision‑maker cannot have regard to other relevant matters, for example, the benefits and costs of taking a particular action. See section 1.07 of the explanatory statement in relation to the Basin Plan for further information about the phrases ‘have regard to’, ‘having regard to’ and ‘regard must be had’.

1.08 Basin Plan not to be inconsistent with Snowy Water Licence

1.08 Basin Plan not to be inconsistent with Snowy Water Licence

A provision of the Basin Plan has no effect to the extent to which the provision is inconsistent with the provisions of the licence issued under section 22 of the Snowy Hydro Corporatisation Act 1997 of New South Wales.

Note: The Basin Plan applies to all Basin waters, including the Upper Murrumbidgee River, except to the extent that the Basin Plan is inconsistent with the licence mentioned in this section.

1.09 Construction of provisions imposing obligations on States

1.09 Construction of provisions imposing obligations on States

If:

(a) the Basin Plan purports to impose an obligation on a Basin State to do a particular thing; and
(b) the imposition of that obligation would contravene a constitutional doctrine restricting the obligations that the Commonwealth may impose on a State;

the Basin Plan is taken, instead of imposing the obligation, to confer a discretion on the Basin State to do the thing.

1.10 Reasonable excuse for not producing or providing information etc

1.10 Reasonable excuse for not producing or providing information etc

If the Basin Plan requires a person or body to produce or provide information, a notice or a document, the person or body need not comply with the requirement if the person or body has a reasonable excuse for non‑compliance.

1.11 Avoidance of double counting of forms of take

1.11 Avoidance of double counting of forms of take

For the purposes of the Basin Plan, in ascribing a particular quantity of water that is taken to a form of take, the quantity of water must be ascribed to one, and only one, form of take.

Note: It will often be possible to ascribe a quantity of water that is taken under basic rights either to take under basic rights, or to another form of take. In such a case, this section does not stipulate to which form of take the quantity of water should be ascribed. However, some other provisions of the Basin Plan do stipulate this. See for example Schedule 3.

Part 4 Agreements with regard to jurisdictional implementation obligations

Part 4—Agreements with regard to jurisdictional implementation obligations

1.12 Agreements with regard to jurisdictional implementation obligations

(1) The Authority may enter into an agreement with a Basin State with respect to any implementation obligation the Basin Plan purports to impose onto that Basin State.

(2) The Authority must consult the Commonwealth and other Basin States in relation to such an agreement.

(3) The Authority and a Basin State must use their best endeavours to enter into any such agreement within 2 years after the commencement of the Basin Plan.

(4) Any agreement must be developed having regard to:

(a) any relevant agreement made, or in the process of being made, with another Basin State; and
(b) any relevant circumstances of the Basin State; and
(c) any relevant Commonwealth‑State agreements, including funding agreements.

(5) The Authority must publish an agreement under this section on its website.

Note: Entry into an agreement, or a failure to enter into an agreement, does not affect the commencement or operation of the Basin Plan.

1.12 Agreements with regard to jurisdictional implementation obligations

1.12 Agreements with regard to jurisdictional implementation obligations

(1) The Authority may enter into an agreement with a Basin State with respect to any implementation obligation the Basin Plan purports to impose onto that Basin State.

(2) The Authority must consult the Commonwealth and other Basin States in relation to such an agreement.

(3) The Authority and a Basin State must use their best endeavours to enter into any such agreement within 2 years after the commencement of the Basin Plan.

(4) Any agreement must be developed having regard to:

(a) any relevant agreement made, or in the process of being made, with another Basin State; and
(b) any relevant circumstances of the Basin State; and
(c) any relevant Commonwealth‑State agreements, including funding agreements.

(5) The Authority must publish an agreement under this section on its website.

Note: Entry into an agreement, or a failure to enter into an agreement, does not affect the commencement or operation of the Basin Plan.

2.01 Description located in Schedule 1

2.01 Description located in Schedule 1

The description of the Basin water resources and the context in which those resources are used (item 1 of the table in subsection 22(1) of the Act) is set out in Schedule 1.

Chapter 3—Water resource plan areas and water accounting periods

3.01 Simplified outline

(2) Part 2 identifies the particular areas that are to be water resource plan areas (item 2 of the table in subsection 22(1) of the Act).

Note: A map of the water resource plan areas can be obtained from the Authority’s website.

(3) Part 3 identifies the periods that are to be the water accounting periods for each of those water resource plan areas (item 2 of the table in subsection 22(1) of the Act).

3.02 Time at which area becomes water resource plan area

An area identified in Part 2 as a water resource plan area becomes a water resource plan area on the commencement of the Basin Plan.

3.03 Datasets for identification of water resource plan areas

(1) A reference in section 3.05 to an area of a particular name is a reference to the area within the polygon of that name specified in the dataset that:

(a) is titled Murray‑Darling Basin Water Resource Plan Areas—Surface Water; and

(2) A reference in section 3.06 to an area of a particular name is a reference to the area within the polygon of that name specified in the dataset that:

(a) is titled Murray‑Darling Basin Water Resource Plan Areas—Groundwater; and

(3) A reference in section 3.07 to an area of a particular name is a reference to the area within the polygon of that name specified in both the datasets mentioned in subsections (1) and (2).

(4) The Authority must publish on its website a map that:

(a) identifies each water resource plan area; and
(b) is prepared using the relevant dataset mentioned in this section.

3.04 Flexibility relating to boundaries of water resource plans

If a segment of the boundary of a water resource plan area, as specified in a dataset mentioned in section 3.03, is also the boundary of the Murray‑Darling Basin, the water resource plan for the area may specify a different course for that segment within the Murray‑Darling Basin, provided that the changed boundary:

(a) meets the requirements of item 2 of the table in subsection 22(1) of the Act; and
(b) does not result in a material change in the water resources to which the water resource plan area applies.

3.01 Simplified outline

3.01 Simplified outline

(2) Part 2 identifies the particular areas that are to be water resource plan areas (item 2 of the table in subsection 22(1) of the Act).

Note: A map of the water resource plan areas can be obtained from the Authority’s website.

(3) Part 3 identifies the periods that are to be the water accounting periods for each of those water resource plan areas (item 2 of the table in subsection 22(1) of the Act).

3.02 Time at which area becomes water resource plan area

3.02 Time at which area becomes water resource plan area

An area identified in Part 2 as a water resource plan area becomes a water resource plan area on the commencement of the Basin Plan.

3.03 Datasets for identification of water resource plan areas

3.03 Datasets for identification of water resource plan areas

(1) A reference in section 3.05 to an area of a particular name is a reference to the area within the polygon of that name specified in the dataset that:

(a) is titled Murray‑Darling Basin Water Resource Plan Areas—Surface Water; and

(2) A reference in section 3.06 to an area of a particular name is a reference to the area within the polygon of that name specified in the dataset that:

(a) is titled Murray‑Darling Basin Water Resource Plan Areas—Groundwater; and

(3) A reference in section 3.07 to an area of a particular name is a reference to the area within the polygon of that name specified in both the datasets mentioned in subsections (1) and (2).

(4) The Authority must publish on its website a map that:

(a) identifies each water resource plan area; and
(b) is prepared using the relevant dataset mentioned in this section.

3.04 Flexibility relating to boundaries of water resource plans

3.04 Flexibility relating to boundaries of water resource plans

If a segment of the boundary of a water resource plan area, as specified in a dataset mentioned in section 3.03, is also the boundary of the Murray‑Darling Basin, the water resource plan for the area may specify a different course for that segment within the Murray‑Darling Basin, provided that the changed boundary:

(a) meets the requirements of item 2 of the table in subsection 22(1) of the Act; and
(b) does not result in a material change in the water resources to which the water resource plan area applies.

Part 2 Water resource plan areas

Part 2—Water resource plan areas

3.05 Water resource plan areas—surface water

Note: See section 1.07 for the meaning of surface water resource.

Each of the following named areas is a water resource plan area that applies to the surface water resources indicated:

(a) Australian Capital Territory (surface water)—all surface water resources in the area;
(b) Barwon‑Darling Watercourse—all surface water resources in the area;
(c) New South Wales Border Rivers—all surface water resources in the area;
(d) Northern Victoria—all surface water resources in the area;
(e) Gwydir—all surface water resources in the area;
(f) Intersecting Streams—all surface water resources in the area;
(g) Lachlan—all surface water resources in the area;
(h) Macquarie‑Castlereagh—all surface water resources in the area;
(i) Murrumbidgee—all surface water resources in the area;
(j) New South Wales Murray and Lower Darling—all surface water resources in the area;
(k) Namoi—all surface water resources in the area;
(l) South Australian River Murray—all surface water resources in the area;
(m) Victorian Murray—all surface water resources in the area;
(n) Wimmera‑Mallee (surface water)—all surface water resources in the area.

3.06 Water resource plan areas—groundwater

Note: See section 1.07 for the meaning of groundwater resource.

Each of the following named areas is a water resource plan area that applies to the groundwater resources indicated:

(a) Australian Capital Territory (groundwater)—all groundwater resources beneath the area;
(b) NSW Border Rivers Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (f) and (i);
(c) Darling Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d), (f) and (i);
(d) NSW Murray‑Darling Basin Porous Rock—all groundwater resources beneath the area, excluding those referred to in paragraphs (c), (f), (g), (i), (j), (k), (l) and (m);
(e) Goulburn‑Murray—all groundwater resources beneath the area;
(f) NSW Great Artesian Basin Shallow—all groundwater resources beneath the area, excluding those referred to in paragraphs (b), (c), (d), (g), (i), (j) and (m);
(g) Gwydir Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d), (f) and (i);
(h) Lachlan Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraph (i);
(i) NSW Murray‑Darling Basin Fractured Rock—all groundwater resources beneath the area, excluding those referred to in paragraphs (b), (c), (d), (f), (g), (h), (j), (k), (l) and (m);
(j) Macquarie‑Castlereagh Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d), (f) and (i);
(k) Murray Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d) and (i);
(l) Murrumbidgee Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d) and (i);
(m) Namoi Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d), (f) and (i);
(n) Wimmera‑Mallee (groundwater)—all groundwater resources beneath the area.

3.07 Water resource plan areas—surface water and groundwater

Each of the following named areas is a water resource plan area that applies to the surface water resources and groundwater resources indicated:

(a) Warrego‑Paroo‑Nebine—the following:
(b) Condamine‑Balonne—the following:
(iii) all groundwater resources in the Queensland Murray‑Darling Basin below the Great Artesian Basin;
(c) Queensland Border Rivers‑Moonie—the following:
(e) South Australian Murray Region—the following:
(i) all surface water resources in the area, excluding those in the South Australian River Murray (paragraph 3.05(l));
(ii) all groundwater resources beneath the area;
(f) Eastern Mount Lofty Ranges—the following:
(ii) all groundwater resources beneath the area.

3.05 Water resource plan areas—surface water

3.05 Water resource plan areas—surface water

Note: See section 1.07 for the meaning of surface water resource.

Each of the following named areas is a water resource plan area that applies to the surface water resources indicated:

(a) Australian Capital Territory (surface water)—all surface water resources in the area;
(b) Barwon‑Darling Watercourse—all surface water resources in the area;
(c) New South Wales Border Rivers—all surface water resources in the area;
(d) Northern Victoria—all surface water resources in the area;
(e) Gwydir—all surface water resources in the area;
(f) Intersecting Streams—all surface water resources in the area;
(g) Lachlan—all surface water resources in the area;
(h) Macquarie‑Castlereagh—all surface water resources in the area;
(i) Murrumbidgee—all surface water resources in the area;
(j) New South Wales Murray and Lower Darling—all surface water resources in the area;
(k) Namoi—all surface water resources in the area;
(l) South Australian River Murray—all surface water resources in the area;
(m) Victorian Murray—all surface water resources in the area;
(n) Wimmera‑Mallee (surface water)—all surface water resources in the area.

3.06 Water resource plan areas—groundwater

3.06 Water resource plan areas—groundwater

Note: See section 1.07 for the meaning of groundwater resource.

Each of the following named areas is a water resource plan area that applies to the groundwater resources indicated:

(a) Australian Capital Territory (groundwater)—all groundwater resources beneath the area;
(b) NSW Border Rivers Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (f) and (i);
(c) Darling Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d), (f) and (i);
(d) NSW Murray‑Darling Basin Porous Rock—all groundwater resources beneath the area, excluding those referred to in paragraphs (c), (f), (g), (i), (j), (k), (l) and (m);
(e) Goulburn‑Murray—all groundwater resources beneath the area;
(f) NSW Great Artesian Basin Shallow—all groundwater resources beneath the area, excluding those referred to in paragraphs (b), (c), (d), (g), (i), (j) and (m);
(g) Gwydir Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d), (f) and (i);
(h) Lachlan Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraph (i);
(i) NSW Murray‑Darling Basin Fractured Rock—all groundwater resources beneath the area, excluding those referred to in paragraphs (b), (c), (d), (f), (g), (h), (j), (k), (l) and (m);
(j) Macquarie‑Castlereagh Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d), (f) and (i);
(k) Murray Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d) and (i);
(l) Murrumbidgee Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d) and (i);
(m) Namoi Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d), (f) and (i);
(n) Wimmera‑Mallee (groundwater)—all groundwater resources beneath the area.

3.07 Water resource plan areas—surface water and groundwater

3.07 Water resource plan areas—surface water and groundwater

Each of the following named areas is a water resource plan area that applies to the surface water resources and groundwater resources indicated:

(a) Warrego‑Paroo‑Nebine—the following:
(b) Condamine‑Balonne—the following:
(iii) all groundwater resources in the Queensland Murray‑Darling Basin below the Great Artesian Basin;
(c) Queensland Border Rivers‑Moonie—the following:
(e) South Australian Murray Region—the following:
(i) all surface water resources in the area, excluding those in the South Australian River Murray (paragraph 3.05(l));
(ii) all groundwater resources beneath the area;
(f) Eastern Mount Lofty Ranges—the following:
(ii) all groundwater resources beneath the area.

Part 3 Water accounting periods

Part 3—Water accounting periods

3.08 Water accounting period for each water resource plan area

The water accounting period for each water resource plan area is a financial year.

Note: In Chapter 11, water accounting period means a period of 12 months beginning on 1 June of any year (see section 11.02).

3.08 Water accounting period for each water resource plan area

3.08 Water accounting period for each water resource plan area

The water accounting period for each water resource plan area is a financial year.

Note: In Chapter 11, water accounting period means a period of 12 months beginning on 1 June of any year (see section 11.02).

Chapter 4—Identification and management of risks to Basin water resources

4.01 Simplified outline

(2) This Chapter identifies:

(a) risks to the condition, or continued availability, of Basin water resources (item 3 of the table in subsection 22(1) of the Act); and
(b) strategies to manage, or address, those risks (item 5 of the table in subsection 22(1) of the Act).

4.01 Simplified outline

4.01 Simplified outline

(2) This Chapter identifies:

(a) risks to the condition, or continued availability, of Basin water resources (item 3 of the table in subsection 22(1) of the Act); and
(b) strategies to manage, or address, those risks (item 5 of the table in subsection 22(1) of the Act).

Part 2 Risks and strategies to address risks

Part 2—Risks and strategies to address risks

4.02 Risks to condition, or continued availability, of Basin water resources, and consequential risks

(1) The risks to the condition, or continued availability, of Basin water resources, including the risks to the availability of Basin water resources that arise from the matters specified in item 3 of the table in subsection 22(1) of the Act are:

(a) insufficient water available for the environment; and
(b) water being of a quality unsuitable for use; and
(c) poor health of water‑dependent ecosystems.

(2) The consequences of the materialisation of the risks identified in subsection (1) include:

(a) that insufficient water is available, or water is not suitable for consumptive and other economic uses of Basin water resources; and
(b) that insufficient water is available, or water is not suitable to maintain social, cultural, Indigenous and other public benefit values.

4.03 Strategies to manage, or address, identified risks

(1) This section sets out the strategies to manage, or address, the risks identified in section 4.02.

Note: Water resource plans must be prepared having regard to the strategies (see subsection 10.43(3)).

(2) The Authority must have regard to the strategies when undertaking its functions.

(3) The strategies are the following:

(a) to implement the Basin Plan, including its following key elements:
(ii) the water quality and salinity management plan;
(iv) water resource planning;
(b) to develop water resource plans and amendments to the Basin Plan based on best available knowledge and in consultation with relevant stakeholders;
(c) to promote a risk‑based approach to water resource planning and management;
(d) to manage flows to optimise outcomes across the range of water uses in the Murray‑Darling Basin;
(e) to ensure effective monitoring and evaluation of the implementation of the Basin Plan;
(f) to promote and enforce compliance with the Basin Plan and water resource plans;
(g) to improve knowledge of water requirements within the Murray‑Darling Basin, including the following:
(i) environmental watering requirements;
(ii) requirements relating to the social, spiritual and cultural uses of Basin water resources by Indigenous people;
(iii) the impact of climate change on water requirements;
(iv) the water required to deliver social and economic benefits to Basin communities;
(h) to improve knowledge of the impact on Basin water resources of the following:
(i) interception activities and land use change;
(ii) floodplain harvesting and peri‑urban and industrial take;
(iii) climate change;
(i) to improve knowledge of:
(i) groundwater and surface water resources, including through improved measurement; and
(ii) the causes of water quality degradation and the effects of water quality on environmental assets and ecosystem functions.

4.04 Authority may publish guidelines

(1) The Authority may publish guidelines setting out specific actions that may be taken in relation to the implementation of the strategies listed in subsection 4.03(3).

(2) The guidelines may be reviewed and, if necessary, updated at any time.

(3) The guidelines must be made having regard to AS/NZS ISO 31000:2009 Risk Management—Principles and Guidelines.

Note: Water resource plans must be prepared having regard to any guidelines published in accordance with this section (see subsection 10.43(3)).

4.02 Risks to condition, or continued availability, of Basin water resources, and consequential risks

4.02 Risks to condition, or continued availability, of Basin water resources, and consequential risks

(1) The risks to the condition, or continued availability, of Basin water resources, including the risks to the availability of Basin water resources that arise from the matters specified in item 3 of the table in subsection 22(1) of the Act are:

(a) insufficient water available for the environment; and
(b) water being of a quality unsuitable for use; and
(c) poor health of water‑dependent ecosystems.

(2) The consequences of the materialisation of the risks identified in subsection (1) include:

(a) that insufficient water is available, or water is not suitable for consumptive and other economic uses of Basin water resources; and
(b) that insufficient water is available, or water is not suitable to maintain social, cultural, Indigenous and other public benefit values.

4.03 Strategies to manage, or address, identified risks

4.03 Strategies to manage, or address, identified risks

(1) This section sets out the strategies to manage, or address, the risks identified in section 4.02.

Note: Water resource plans must be prepared having regard to the strategies (see subsection 10.43(3)).

(2) The Authority must have regard to the strategies when undertaking its functions.

(3) The strategies are the following:

(a) to implement the Basin Plan, including its following key elements:
(ii) the water quality and salinity management plan;
(iv) water resource planning;
(b) to develop water resource plans and amendments to the Basin Plan based on best available knowledge and in consultation with relevant stakeholders;
(c) to promote a risk‑based approach to water resource planning and management;
(d) to manage flows to optimise outcomes across the range of water uses in the Murray‑Darling Basin;
(e) to ensure effective monitoring and evaluation of the implementation of the Basin Plan;
(f) to promote and enforce compliance with the Basin Plan and water resource plans;
(g) to improve knowledge of water requirements within the Murray‑Darling Basin, including the following:
(i) environmental watering requirements;
(ii) requirements relating to the social, spiritual and cultural uses of Basin water resources by Indigenous people;
(iii) the impact of climate change on water requirements;
(iv) the water required to deliver social and economic benefits to Basin communities;
(h) to improve knowledge of the impact on Basin water resources of the following:
(i) interception activities and land use change;
(ii) floodplain harvesting and peri‑urban and industrial take;
(iii) climate change;
(i) to improve knowledge of:
(i) groundwater and surface water resources, including through improved measurement; and
(ii) the causes of water quality degradation and the effects of water quality on environmental assets and ecosystem functions.

4.04 Authority may publish guidelines

4.04 Authority may publish guidelines

(1) The Authority may publish guidelines setting out specific actions that may be taken in relation to the implementation of the strategies listed in subsection 4.03(3).

(2) The guidelines may be reviewed and, if necessary, updated at any time.

(3) The guidelines must be made having regard to AS/NZS ISO 31000:2009 Risk Management—Principles and Guidelines.

Note: Water resource plans must be prepared having regard to any guidelines published in accordance with this section (see subsection 10.43(3)).

5.01 Simplified outline

5.01 Simplified outline

(2) This Chapter sets out the management objectives and outcomes to be achieved by the Basin Plan (item 4 of the table in subsection 22(1) of the Act).

(3) The management objectives and outcomes include objectives and outcomes:

(a) for the Basin Plan as a whole; and
(b) in relation to environmental outcomes; and
(c) in relation to water quality and salinity; and
(d) in relation to the long‑term average sustainable diversion limits; and
(e) in relation to trading in the water market.

Note: The temporary diversion provision for each SDL resource unit is zero—see section 6.07. Accordingly, there are no objectives or outcomes in relation to the temporary diversion provision.

5.02 Objectives and outcome for Basin Plan as a whole

5.02 Objectives and outcome for Basin Plan as a whole

(1) The objectives for the Basin Plan as a whole are:

(a) to give effect to relevant international agreements through the integrated management of Basin water resources; and
(b) to establish a sustainable and long‑term adaptive management framework for the Basin water resources, that takes into account the broader management of natural resources in the Murray‑Darling Basin; and
(c) to optimise social, economic and environmental outcomes arising from the use of Basin water resources in the national interest; and
(d) to improve water security for all uses of Basin water resources.

(2) The outcome for the Basin Plan as a whole is a healthy and working Murray‑Darling Basin that includes:

(a) communities with sufficient and reliable water supplies that are fit for a range of intended purposes, including domestic, recreational and cultural use; and
(b) productive and resilient water‑dependent industries, and communities with confidence in their long‑term future; and
(c) healthy and resilient ecosystems with rivers and creeks regularly connected to their floodplains and, ultimately, the ocean.

5.03 Objectives and outcome in relation to environmental outcomes

5.03 Objectives and outcome in relation to environmental outcomes

(1) The objectives in relation to environmental outcomes are, within the context of a working Murray‑Darling Basin:

(c) to ensure that water‑dependent ecosystems are resilient to climate change and other risks and threats; and
(d) to ensure that environmental watering is co‑ordinated between managers of planned environmental water, owners and managers of environmental assets, and holders of held environmental water.

Note 1: The fact that water storages and property (including floodplains) are under the control of various persons currently restricts the capacity to actively manage all water‑dependent ecosystems.

Note 2: Particular objectives relating to each of the objectives in paragraphs (1)(a) to (c) are specified in Part 2 of Chapter 8.

(2) The outcome in relation to subsection (1) is the restoration and protection of water‑dependent ecosystems and ecosystem functions in the Murray‑Darling Basin with strengthened resilience to a changing climate.

5.04 Objective and outcome in relation to water quality and salinity

5.04 Objective and outcome in relation to water quality and salinity

(1) The objective in relation to water quality and salinity is to maintain appropriate water quality, including salinity levels, for environmental, social, cultural and economic activity in the Murray‑Darling Basin.

Note: See also the water quality objectives for Basin water resources in Part 3 of Chapter 9.

(2) The outcome in relation to water quality and salinity is that Basin water resources remain fit for purpose.

5.05 Objective and outcomes in relation to long‑term average sustainable diversion limits

5.05 Objective and outcomes in relation to long‑term average sustainable diversion limits

(1) The objective in relation to long‑term average sustainable diversion limits is to establish environmentally sustainable limits on the quantities of surface water and groundwater that can be taken for consumptive use from Basin water resources, having regard to social and economic impacts, and in doing so:

(a) inform environmental water recovery measures, including water purchasing and infrastructure that improves water use efficiency; and
(b) provide greater certainty for all water users, including in times of drought and low water availability; and
(c) provide time for water access entitlement holders and communities to transition and adjust to long‑term average sustainable diversion limits.

(2) The outcomes in relation to the establishment of long‑term average sustainable diversion limits are:

(a) the restoration and protection of water‑dependent ecosystems and ecosystem functions in the Murray‑Darling Basin; and
(b) well‑informed water recovery measures, including water purchasing and infrastructure, enable a transition to long‑term average sustainable diversion limits; and
(c) greater certainty of access to Basin water resources; and
(d) water access entitlement holders and communities of the Murray‑Darling Basin are better adapted to reduced quantities of available water.

5.06 Objective and outcome for operation of the SDL adjustment mechanism

5.06 Objective and outcome for operation of the SDL adjustment mechanism

(1) The objective in relation to the operation of the SDL adjustment mechanism is to adjust SDLs in a way that increases environmental outcomes while maintaining or improving social and economic outcomes.

Note Particular objectives relating to different kinds of measures are specified in Part 2 of Chapter 7.

(2) The outcome in relation to the operation of the SDL adjustment mechanism is a healthy and working Murray‑Darling Basin that includes the outcomes specified in subsection 5.02(2).

5.07 Objectives and outcome in relation to trading in the water market

5.07 Objectives and outcome in relation to trading in the water market

(1) The objectives for trading in the water market are:

(a) to facilitate the operation of efficient water markets and the opportunities for trading, within and between Basin States, where water resources are physically shared or hydrologic connections and water supply considerations will permit water trading; and
(b) to minimise transaction cost on water trades, including through good information flows in the market and compatible entitlement, registry, regulatory and other arrangements across jurisdictions; and
(c) to enable the appropriate mix of water products to develop based on water access entitlements which can be traded either in whole or in part, and either temporarily or permanently, or through lease arrangements or other trading options that may evolve over time; and
(d) to recognise and protect the needs of the environment; and
(e) to provide appropriate protection of third‑party interests.

(2) The outcome for trading in the water market is the creation of a more efficient and effective market that:

(a) facilitates water reaching its most productive use; and
(b) enhances the productivity and growth of water‑dependent industries; and
(c) enables water‑dependent industries to:
(i) better manage through extreme events under current climate variability; and
(ii) strengthen their capacity to adapt to future climate change.

Chapter 6—Water that can be taken