Chapter 5—Management objectives and outcomes to be achieved by Basin Plan
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
(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
(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
(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
(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
(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
(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
6.01 Simplified outline
(2) This Chapter deals with the matters set out in items 6, 7 and 8 of the table in subsection 22(1) and Division 4 of Part 2 of the Act. Those matters are:
(a) the long‑term average sustainable diversion limits (SDLs) (Part 2); and
(b) the temporary diversion provision (Part 3); and
(c) the method for determining compliance with the long‑term annual diversion limit (Part 4); and
(d) allocation of risks in relation to reductions in diversion limits (Part 5); and
(e) risks arising from other changes to the Basin Plan (Part 5).
Note: See Chapter 7 for adjustments to the long‑term average sustainable diversion limits.
6.01 Simplified outline
6.01 Simplified outline
(2) This Chapter deals with the matters set out in items 6, 7 and 8 of the table in subsection 22(1) and Division 4 of Part 2 of the Act. Those matters are:
(a) the long‑term average sustainable diversion limits (SDLs) (Part 2); and
(b) the temporary diversion provision (Part 3); and
(c) the method for determining compliance with the long‑term annual diversion limit (Part 4); and
(d) allocation of risks in relation to reductions in diversion limits (Part 5); and
(e) risks arising from other changes to the Basin Plan (Part 5).
Note: See Chapter 7 for adjustments to the long‑term average sustainable diversion limits.
Part 2 Long‑term average sustainable diversion limits
(1) A surface water SDL resource unit referred to in column 1 of the table in Schedule 2 consists of all surface water resources within the area described by the polygon of the same name contained in the dataset that:
Note: See subsection 6.04(3) for the long‑term average sustainable diversion limits that apply to each surface water SDL resource unit.
(1) A groundwater SDL resource unit referred to in column 1 of the table in Schedule 4 consists of all groundwater resources described by column 2 of the table in Schedule 4 that lie beneath the area described by the polygon of the same name in the dataset that:
Note: See subsection 6.04(4) for the long‑term average sustainable diversion limits that apply to each groundwater SDL resource unit.
(2) The long‑term average sustainable diversion limit for the Basin water resources as a whole is the sum of the long‑term average sustainable diversion limits for all SDL resource units.
Note: As at 14 November 2017, the Authority had estimated the long‑term average sustainable diversion limit for all surface water SDL resource units to be 10,945 GL per year. This reflects a reduction of 2,680 GL per year from the Authority’s estimate of the BDL for all surface water SDL resource units. Current estimates of amounts of water that have been recovered for the environment were, in 2018, available on the Authority’s website (www.mdba.gov.au) and on the Department’s website (www.agriculture.gov.au).
(3) The long‑term average sustainable diversion limit for each surface water SDL resource unit is set out in column 2 of the table in Schedule 2.
Note: The long‑term average sustainable diversion limits in the northern Basin Queensland zone and the northern Basin New South Wales zone were changed following the Northern Basin Review (completed in 2016).
Note: The Authority estimates the long‑term average sustainable diversion limit for all surface water SDL resource units in these zones to be 3,538 GL per year. This represents a reduction of 320 GL per year from the Authority’s estimate of the BDL for the northern Basin.
Note: (b) commitments from the Commonwealth, Queensland and New South Wales Governments to implement ‘toolkit’ measures that will deliver improved environmental outcomes in the northern Basin.
(4) The long‑term average sustainable diversion limit for each groundwater SDL resource unit is set out in column 4 of the table in Schedule 4.
Note: This section sets environmentally sustainable limits on the quantity of surface water and groundwater that may be taken from an SDL resource unit. However, a water resource plan may provide for less water to be taken: see subsection 10.11(2).
(1) For column 2 of the table in Schedule 2, the SDL resource unit shared reduction amount for an SDL resource unit in one of the zones mentioned in subsection (2) is the amount, in GL per year, determined in accordance with this section.
Note: Subsection (4) provides a default distribution of shared reduction amounts within zones. Subsections (5)‑(14) deal with requests for different distributions made by the Basin States.
(f) the southern Basin Australian Capital Territory zone, made up of the Australian Capital Territory (surface water) SDL resource unit (SS1).
(4) Subject to subsections (5) to (14), the SDL resource unit shared reduction amount for SDL resource units in a zone is calculated, as at 31 December 2016, by allocating the reduction target for the zone among the SDL resource units in proportion to the amount, for each SDL resource unit, of its BDL, including any component of water diverted for urban water use, but excluding any component due to interception activities.
re‑allocation adjustment request means a request by a Basin State to the Authority to adjust the SDL resource unit shared reduction amounts for SDL resource units that are within a zone mentioned in subsection (2), being a request that:
(ii) before any water resource plan is submitted by the State for a water resource plan area in the zone (excluding any water resource plan submitted before 14 November 2017); and
(b) if made before the substitution of this section by the Basin Plan 2012—is expressed to be made in anticipation of the substitution of this section by that instrument; and
(ii) no SDL resource unit has an SDL that is larger than would result from replacing its shared reduction amount with zero; and
(d) takes into account the amount of water already recovered by the Commonwealth at the time of the request (and does not, for example, request an SDL resource unit shared reduction amount for a unit that is lower than the amount of water already recovered by the Commonwealth at the time of the request).
Note: An earlier request referred to in section 7.14A is not a re‑allocation adjustment request for the purposes of this section. A Basin State may, if it has made such an earlier request, confirm it (provided it satisfies paragraphs (c) and (d)) or vary it by making a re‑allocation adjustment request for the purposes of this section. Otherwise, the default shared reduction amounts under subsection (4) will apply.
(8) If the Authority receives a re‑allocation adjustment request, the Authority must, as soon as practicable, publish the requested SDL resource unit shared reduction amounts for SDL resource units in the relevant zone on its website.
make a request to the Authority for variations to the SDL resource unit shared reduction amounts for SDL resource units in a zone.
(b) must take into account the amount of water already recovered by the Commonwealth at the time of the request (and must not, for example, request an SDL resource unit shared reduction amount for a unit that is lower than the amount of water already recovered by the Commonwealth at the time of the request); and
(c) must not change the SDL resource unit shared reduction amounts for SDL resource units in a water resource plan area for which a water resource plan has already been submitted.
(11) The Authority must consult with the Department upon receiving a request under subsection (9) that complies with subsection (10).
(12) The Authority may agree to the requested variations if both the Authority and the Department consider that it is appropriate for the Authority to do so in order to accommodate changes in the expected amount of water recovery in relevant SDL resource units.
(b) if no such amounts have been published under subsection (8)—publish the variations to the SDL resource unit shared reduction amounts for SDL resource units in the relevant zone on its website.
(14) If the Authority publishes an SDL resource unit shared reduction amount for an SDL resource unit on its website under this section, that amount is the SDL resource unit shared reduction amount for the relevant unit.
For column 2 of the table in Schedule 2, the SDL adjustment amount for a surface water SDL resource unit for a water accounting period is the amount, in GL per year, calculated in accordance with Schedule 6A for the water accounting period.
(1) The Authority may, in consultation with Basin States and other interested persons, conduct research and investigations into the long‑term average sustainable diversion limits or any other aspects of the Basin Plan, for the purpose of informing any reviews of the Basin Plan or aspects of the Basin Plan including in relation to whether there should be changes to the long‑term average sustainable diversion limits.
(3) A review must be undertaken having regard to the management of climate change risks and include an up‑to‑date assessment of those risks, and consider all relevant knowledge about the connectivity of surface and groundwater, the outcomes of environmental watering and the effectiveness of environmental works and measures.
(4) The Authority must publish on its website any reports produced as a result of research or investigations conducted under this section.
Note: For example, the Authority has other powers under the Act and the Basin Plan to conduct reviews, research and investigations: see sections 50 and 172 of the Act and Chapter 13 of the Basin Plan.
Division 1 Identification of SDL resource units
(1) A surface water SDL resource unit referred to in column 1 of the table in Schedule 2 consists of all surface water resources within the area described by the polygon of the same name contained in the dataset that:
Note: See subsection 6.04(3) for the long‑term average sustainable diversion limits that apply to each surface water SDL resource unit.
(1) A groundwater SDL resource unit referred to in column 1 of the table in Schedule 4 consists of all groundwater resources described by column 2 of the table in Schedule 4 that lie beneath the area described by the polygon of the same name in the dataset that:
Note: See subsection 6.04(4) for the long‑term average sustainable diversion limits that apply to each groundwater SDL resource unit.
(2) The long‑term average sustainable diversion limit for the Basin water resources as a whole is the sum of the long‑term average sustainable diversion limits for all SDL resource units.
Note: As at 14 November 2017, the Authority had estimated the long‑term average sustainable diversion limit for all surface water SDL resource units to be 10,945 GL per year. This reflects a reduction of 2,680 GL per year from the Authority’s estimate of the BDL for all surface water SDL resource units. Current estimates of amounts of water that have been recovered for the environment were, in 2018, available on the Authority’s website (www.mdba.gov.au) and on the Department’s website (www.agriculture.gov.au).
(3) The long‑term average sustainable diversion limit for each surface water SDL resource unit is set out in column 2 of the table in Schedule 2.
Note: The long‑term average sustainable diversion limits in the northern Basin Queensland zone and the northern Basin New South Wales zone were changed following the Northern Basin Review (completed in 2016).
Note: The Authority estimates the long‑term average sustainable diversion limit for all surface water SDL resource units in these zones to be 3,538 GL per year. This represents a reduction of 320 GL per year from the Authority’s estimate of the BDL for the northern Basin.
Note: (b) commitments from the Commonwealth, Queensland and New South Wales Governments to implement ‘toolkit’ measures that will deliver improved environmental outcomes in the northern Basin.
(4) The long‑term average sustainable diversion limit for each groundwater SDL resource unit is set out in column 4 of the table in Schedule 4.
Note: This section sets environmentally sustainable limits on the quantity of surface water and groundwater that may be taken from an SDL resource unit. However, a water resource plan may provide for less water to be taken: see subsection 10.11(2).
(1) For column 2 of the table in Schedule 2, the SDL resource unit shared reduction amount for an SDL resource unit in one of the zones mentioned in subsection (2) is the amount, in GL per year, determined in accordance with this section.
Note: Subsection (4) provides a default distribution of shared reduction amounts within zones. Subsections (5)‑(14) deal with requests for different distributions made by the Basin States.
(f) the southern Basin Australian Capital Territory zone, made up of the Australian Capital Territory (surface water) SDL resource unit (SS1).
(4) Subject to subsections (5) to (14), the SDL resource unit shared reduction amount for SDL resource units in a zone is calculated, as at 31 December 2016, by allocating the reduction target for the zone among the SDL resource units in proportion to the amount, for each SDL resource unit, of its BDL, including any component of water diverted for urban water use, but excluding any component due to interception activities.
re‑allocation adjustment request means a request by a Basin State to the Authority to adjust the SDL resource unit shared reduction amounts for SDL resource units that are within a zone mentioned in subsection (2), being a request that:
(ii) before any water resource plan is submitted by the State for a water resource plan area in the zone (excluding any water resource plan submitted before 14 November 2017); and
(b) if made before the substitution of this section by the Basin Plan 2012—is expressed to be made in anticipation of the substitution of this section by that instrument; and
(ii) no SDL resource unit has an SDL that is larger than would result from replacing its shared reduction amount with zero; and
(d) takes into account the amount of water already recovered by the Commonwealth at the time of the request (and does not, for example, request an SDL resource unit shared reduction amount for a unit that is lower than the amount of water already recovered by the Commonwealth at the time of the request).
Note: An earlier request referred to in section 7.14A is not a re‑allocation adjustment request for the purposes of this section. A Basin State may, if it has made such an earlier request, confirm it (provided it satisfies paragraphs (c) and (d)) or vary it by making a re‑allocation adjustment request for the purposes of this section. Otherwise, the default shared reduction amounts under subsection (4) will apply.
(8) If the Authority receives a re‑allocation adjustment request, the Authority must, as soon as practicable, publish the requested SDL resource unit shared reduction amounts for SDL resource units in the relevant zone on its website.
make a request to the Authority for variations to the SDL resource unit shared reduction amounts for SDL resource units in a zone.
(b) must take into account the amount of water already recovered by the Commonwealth at the time of the request (and must not, for example, request an SDL resource unit shared reduction amount for a unit that is lower than the amount of water already recovered by the Commonwealth at the time of the request); and
(c) must not change the SDL resource unit shared reduction amounts for SDL resource units in a water resource plan area for which a water resource plan has already been submitted.
(11) The Authority must consult with the Department upon receiving a request under subsection (9) that complies with subsection (10).
(12) The Authority may agree to the requested variations if both the Authority and the Department consider that it is appropriate for the Authority to do so in order to accommodate changes in the expected amount of water recovery in relevant SDL resource units.
(b) if no such amounts have been published under subsection (8)—publish the variations to the SDL resource unit shared reduction amounts for SDL resource units in the relevant zone on its website.
(14) If the Authority publishes an SDL resource unit shared reduction amount for an SDL resource unit on its website under this section, that amount is the SDL resource unit shared reduction amount for the relevant unit.
For column 2 of the table in Schedule 2, the SDL adjustment amount for a surface water SDL resource unit for a water accounting period is the amount, in GL per year, calculated in accordance with Schedule 6A for the water accounting period.
(1) The Authority may, in consultation with Basin States and other interested persons, conduct research and investigations into the long‑term average sustainable diversion limits or any other aspects of the Basin Plan, for the purpose of informing any reviews of the Basin Plan or aspects of the Basin Plan including in relation to whether there should be changes to the long‑term average sustainable diversion limits.
(3) A review must be undertaken having regard to the management of climate change risks and include an up‑to‑date assessment of those risks, and consider all relevant knowledge about the connectivity of surface and groundwater, the outcomes of environmental watering and the effectiveness of environmental works and measures.
(4) The Authority must publish on its website any reports produced as a result of research or investigations conducted under this section.
Note: For example, the Authority has other powers under the Act and the Basin Plan to conduct reviews, research and investigations: see sections 50 and 172 of the Act and Chapter 13 of the Basin Plan.
6.02 Identification of surface water SDL resource units
(1) A surface water SDL resource unit referred to in column 1 of the table in Schedule 2 consists of all surface water resources within the area described by the polygon of the same name contained in the dataset that:
Note: See subsection 6.04(3) for the long‑term average sustainable diversion limits that apply to each surface water SDL resource unit.
6.03 Identification of groundwater SDL resource units
(1) A groundwater SDL resource unit referred to in column 1 of the table in Schedule 4 consists of all groundwater resources described by column 2 of the table in Schedule 4 that lie beneath the area described by the polygon of the same name in the dataset that:
Note: See subsection 6.04(4) for the long‑term average sustainable diversion limits that apply to each groundwater SDL resource unit.
Division 2 Long‑term average sustainable diversion limits
(1) A surface water SDL resource unit referred to in column 1 of the table in Schedule 2 consists of all surface water resources within the area described by the polygon of the same name contained in the dataset that:
Note: See subsection 6.04(3) for the long‑term average sustainable diversion limits that apply to each surface water SDL resource unit.
(1) A groundwater SDL resource unit referred to in column 1 of the table in Schedule 4 consists of all groundwater resources described by column 2 of the table in Schedule 4 that lie beneath the area described by the polygon of the same name in the dataset that:
Note: See subsection 6.04(4) for the long‑term average sustainable diversion limits that apply to each groundwater SDL resource unit.
(2) The long‑term average sustainable diversion limit for the Basin water resources as a whole is the sum of the long‑term average sustainable diversion limits for all SDL resource units.
Note: As at 14 November 2017, the Authority had estimated the long‑term average sustainable diversion limit for all surface water SDL resource units to be 10,945 GL per year. This reflects a reduction of 2,680 GL per year from the Authority’s estimate of the BDL for all surface water SDL resource units. Current estimates of amounts of water that have been recovered for the environment were, in 2018, available on the Authority’s website (www.mdba.gov.au) and on the Department’s website (www.agriculture.gov.au).
(3) The long‑term average sustainable diversion limit for each surface water SDL resource unit is set out in column 2 of the table in Schedule 2.
Note: The long‑term average sustainable diversion limits in the northern Basin Queensland zone and the northern Basin New South Wales zone were changed following the Northern Basin Review (completed in 2016).
Note: The Authority estimates the long‑term average sustainable diversion limit for all surface water SDL resource units in these zones to be 3,538 GL per year. This represents a reduction of 320 GL per year from the Authority’s estimate of the BDL for the northern Basin.
Note: (b) commitments from the Commonwealth, Queensland and New South Wales Governments to implement ‘toolkit’ measures that will deliver improved environmental outcomes in the northern Basin.
(4) The long‑term average sustainable diversion limit for each groundwater SDL resource unit is set out in column 4 of the table in Schedule 4.
Note: This section sets environmentally sustainable limits on the quantity of surface water and groundwater that may be taken from an SDL resource unit. However, a water resource plan may provide for less water to be taken: see subsection 10.11(2).
(1) For column 2 of the table in Schedule 2, the SDL resource unit shared reduction amount for an SDL resource unit in one of the zones mentioned in subsection (2) is the amount, in GL per year, determined in accordance with this section.
Note: Subsection (4) provides a default distribution of shared reduction amounts within zones. Subsections (5)‑(14) deal with requests for different distributions made by the Basin States.
(f) the southern Basin Australian Capital Territory zone, made up of the Australian Capital Territory (surface water) SDL resource unit (SS1).
(4) Subject to subsections (5) to (14), the SDL resource unit shared reduction amount for SDL resource units in a zone is calculated, as at 31 December 2016, by allocating the reduction target for the zone among the SDL resource units in proportion to the amount, for each SDL resource unit, of its BDL, including any component of water diverted for urban water use, but excluding any component due to interception activities.
re‑allocation adjustment request means a request by a Basin State to the Authority to adjust the SDL resource unit shared reduction amounts for SDL resource units that are within a zone mentioned in subsection (2), being a request that:
(ii) before any water resource plan is submitted by the State for a water resource plan area in the zone (excluding any water resource plan submitted before 14 November 2017); and
(b) if made before the substitution of this section by the Basin Plan 2012—is expressed to be made in anticipation of the substitution of this section by that instrument; and
(ii) no SDL resource unit has an SDL that is larger than would result from replacing its shared reduction amount with zero; and
(d) takes into account the amount of water already recovered by the Commonwealth at the time of the request (and does not, for example, request an SDL resource unit shared reduction amount for a unit that is lower than the amount of water already recovered by the Commonwealth at the time of the request).
Note: An earlier request referred to in section 7.14A is not a re‑allocation adjustment request for the purposes of this section. A Basin State may, if it has made such an earlier request, confirm it (provided it satisfies paragraphs (c) and (d)) or vary it by making a re‑allocation adjustment request for the purposes of this section. Otherwise, the default shared reduction amounts under subsection (4) will apply.
(8) If the Authority receives a re‑allocation adjustment request, the Authority must, as soon as practicable, publish the requested SDL resource unit shared reduction amounts for SDL resource units in the relevant zone on its website.
make a request to the Authority for variations to the SDL resource unit shared reduction amounts for SDL resource units in a zone.
(b) must take into account the amount of water already recovered by the Commonwealth at the time of the request (and must not, for example, request an SDL resource unit shared reduction amount for a unit that is lower than the amount of water already recovered by the Commonwealth at the time of the request); and
(c) must not change the SDL resource unit shared reduction amounts for SDL resource units in a water resource plan area for which a water resource plan has already been submitted.
(11) The Authority must consult with the Department upon receiving a request under subsection (9) that complies with subsection (10).
(12) The Authority may agree to the requested variations if both the Authority and the Department consider that it is appropriate for the Authority to do so in order to accommodate changes in the expected amount of water recovery in relevant SDL resource units.
(b) if no such amounts have been published under subsection (8)—publish the variations to the SDL resource unit shared reduction amounts for SDL resource units in the relevant zone on its website.
(14) If the Authority publishes an SDL resource unit shared reduction amount for an SDL resource unit on its website under this section, that amount is the SDL resource unit shared reduction amount for the relevant unit.
For column 2 of the table in Schedule 2, the SDL adjustment amount for a surface water SDL resource unit for a water accounting period is the amount, in GL per year, calculated in accordance with Schedule 6A for the water accounting period.
(1) The Authority may, in consultation with Basin States and other interested persons, conduct research and investigations into the long‑term average sustainable diversion limits or any other aspects of the Basin Plan, for the purpose of informing any reviews of the Basin Plan or aspects of the Basin Plan including in relation to whether there should be changes to the long‑term average sustainable diversion limits.
(3) A review must be undertaken having regard to the management of climate change risks and include an up‑to‑date assessment of those risks, and consider all relevant knowledge about the connectivity of surface and groundwater, the outcomes of environmental watering and the effectiveness of environmental works and measures.
(4) The Authority must publish on its website any reports produced as a result of research or investigations conducted under this section.
Note: For example, the Authority has other powers under the Act and the Basin Plan to conduct reviews, research and investigations: see sections 50 and 172 of the Act and Chapter 13 of the Basin Plan.
6.04 Long‑term average sustainable diversion limits
(2) The long‑term average sustainable diversion limit for the Basin water resources as a whole is the sum of the long‑term average sustainable diversion limits for all SDL resource units.
Note: As at 14 November 2017, the Authority had estimated the long‑term average sustainable diversion limit for all surface water SDL resource units to be 10,945 GL per year. This reflects a reduction of 2,680 GL per year from the Authority’s estimate of the BDL for all surface water SDL resource units. Current estimates of amounts of water that have been recovered for the environment were, in 2018, available on the Authority’s website (www.mdba.gov.au) and on the Department’s website (www.agriculture.gov.au).
(3) The long‑term average sustainable diversion limit for each surface water SDL resource unit is set out in column 2 of the table in Schedule 2.
Note: The long‑term average sustainable diversion limits in the northern Basin Queensland zone and the northern Basin New South Wales zone were changed following the Northern Basin Review (completed in 2016).
Note: The Authority estimates the long‑term average sustainable diversion limit for all surface water SDL resource units in these zones to be 3,538 GL per year. This represents a reduction of 320 GL per year from the Authority’s estimate of the BDL for the northern Basin.
Note: (b) commitments from the Commonwealth, Queensland and New South Wales Governments to implement ‘toolkit’ measures that will deliver improved environmental outcomes in the northern Basin.
(4) The long‑term average sustainable diversion limit for each groundwater SDL resource unit is set out in column 4 of the table in Schedule 4.
Note: This section sets environmentally sustainable limits on the quantity of surface water and groundwater that may be taken from an SDL resource unit. However, a water resource plan may provide for less water to be taken: see subsection 10.11(2).
6.05 SDL resource unit shared reduction amount
(1) For column 2 of the table in Schedule 2, the SDL resource unit shared reduction amount for an SDL resource unit in one of the zones mentioned in subsection (2) is the amount, in GL per year, determined in accordance with this section.
Note: Subsection (4) provides a default distribution of shared reduction amounts within zones. Subsections (5)‑(14) deal with requests for different distributions made by the Basin States.
(f) the southern Basin Australian Capital Territory zone, made up of the Australian Capital Territory (surface water) SDL resource unit (SS1).
Default distribution of shared reduction Default distribution of shared reduction amounts
(4) Subject to subsections (5) to (14), the SDL resource unit shared reduction amount for SDL resource units in a zone is calculated, as at 31 December 2016, by allocating the reduction target for the zone among the SDL resource units in proportion to the amount, for each SDL resource unit, of its BDL, including any component of water diverted for urban water use, but excluding any component due to interception activities.
Redistribution of shared reduction amoun Redistribution of shared reduction amounts at request of Basin State
re‑allocation adjustment request means a request by a Basin State to the Authority to adjust the SDL resource unit shared reduction amounts for SDL resource units that are within a zone mentioned in subsection (2), being a request that:
(ii) before any water resource plan is submitted by the State for a water resource plan area in the zone (excluding any water resource plan submitted before 14 November 2017); and
(b) if made before the substitution of this section by the Basin Plan 2012—is expressed to be made in anticipation of the substitution of this section by that instrument; and
(ii) no SDL resource unit has an SDL that is larger than would result from replacing its shared reduction amount with zero; and
(d) takes into account the amount of water already recovered by the Commonwealth at the time of the request (and does not, for example, request an SDL resource unit shared reduction amount for a unit that is lower than the amount of water already recovered by the Commonwealth at the time of the request).
Note: An earlier request referred to in section 7.14A is not a re‑allocation adjustment request for the purposes of this section. A Basin State may, if it has made such an earlier request, confirm it (provided it satisfies paragraphs (c) and (d)) or vary it by making a re‑allocation adjustment request for the purposes of this section. Otherwise, the default shared reduction amounts under subsection (4) will apply.
(8) If the Authority receives a re‑allocation adjustment request, the Authority must, as soon as practicable, publish the requested SDL resource unit shared reduction amounts for SDL resource units in the relevant zone on its website.
Variations due to changes in water recov Variations due to changes in water recovery
make a request to the Authority for variations to the SDL resource unit shared reduction amounts for SDL resource units in a zone.
(b) must take into account the amount of water already recovered by the Commonwealth at the time of the request (and must not, for example, request an SDL resource unit shared reduction amount for a unit that is lower than the amount of water already recovered by the Commonwealth at the time of the request); and
(c) must not change the SDL resource unit shared reduction amounts for SDL resource units in a water resource plan area for which a water resource plan has already been submitted.
(11) The Authority must consult with the Department upon receiving a request under subsection (9) that complies with subsection (10).
(12) The Authority may agree to the requested variations if both the Authority and the Department consider that it is appropriate for the Authority to do so in order to accommodate changes in the expected amount of water recovery in relevant SDL resource units.
(b) if no such amounts have been published under subsection (8)—publish the variations to the SDL resource unit shared reduction amounts for SDL resource units in the relevant zone on its website.
Effect of publishing shared reduction am Effect of publishing shared reduction amounts
(14) If the Authority publishes an SDL resource unit shared reduction amount for an SDL resource unit on its website under this section, that amount is the SDL resource unit shared reduction amount for the relevant unit.
For column 2 of the table in Schedule 2, the SDL adjustment amount for a surface water SDL resource unit for a water accounting period is the amount, in GL per year, calculated in accordance with Schedule 6A for the water accounting period.
6.06 Reviews of the Basin Plan
(1) A surface water SDL resource unit referred to in column 1 of the table in Schedule 2 consists of all surface water resources within the area described by the polygon of the same name contained in the dataset that:
Note: See subsection 6.04(3) for the long‑term average sustainable diversion limits that apply to each surface water SDL resource unit.
(1) A groundwater SDL resource unit referred to in column 1 of the table in Schedule 4 consists of all groundwater resources described by column 2 of the table in Schedule 4 that lie beneath the area described by the polygon of the same name in the dataset that:
Note: See subsection 6.04(4) for the long‑term average sustainable diversion limits that apply to each groundwater SDL resource unit.
(2) The long‑term average sustainable diversion limit for the Basin water resources as a whole is the sum of the long‑term average sustainable diversion limits for all SDL resource units.
Note: As at 14 November 2017, the Authority had estimated the long‑term average sustainable diversion limit for all surface water SDL resource units to be 10,945 GL per year. This reflects a reduction of 2,680 GL per year from the Authority’s estimate of the BDL for all surface water SDL resource units. Current estimates of amounts of water that have been recovered for the environment were, in 2018, available on the Authority’s website (www.mdba.gov.au) and on the Department’s website (www.agriculture.gov.au).
(3) The long‑term average sustainable diversion limit for each surface water SDL resource unit is set out in column 2 of the table in Schedule 2.
Note: The long‑term average sustainable diversion limits in the northern Basin Queensland zone and the northern Basin New South Wales zone were changed following the Northern Basin Review (completed in 2016).
Note: The Authority estimates the long‑term average sustainable diversion limit for all surface water SDL resource units in these zones to be 3,538 GL per year. This represents a reduction of 320 GL per year from the Authority’s estimate of the BDL for the northern Basin.
Note: (b) commitments from the Commonwealth, Queensland and New South Wales Governments to implement ‘toolkit’ measures that will deliver improved environmental outcomes in the northern Basin.
(4) The long‑term average sustainable diversion limit for each groundwater SDL resource unit is set out in column 4 of the table in Schedule 4.
Note: This section sets environmentally sustainable limits on the quantity of surface water and groundwater that may be taken from an SDL resource unit. However, a water resource plan may provide for less water to be taken: see subsection 10.11(2).
(1) For column 2 of the table in Schedule 2, the SDL resource unit shared reduction amount for an SDL resource unit in one of the zones mentioned in subsection (2) is the amount, in GL per year, determined in accordance with this section.
Note: Subsection (4) provides a default distribution of shared reduction amounts within zones. Subsections (5)‑(14) deal with requests for different distributions made by the Basin States.
(f) the southern Basin Australian Capital Territory zone, made up of the Australian Capital Territory (surface water) SDL resource unit (SS1).
(4) Subject to subsections (5) to (14), the SDL resource unit shared reduction amount for SDL resource units in a zone is calculated, as at 31 December 2016, by allocating the reduction target for the zone among the SDL resource units in proportion to the amount, for each SDL resource unit, of its BDL, including any component of water diverted for urban water use, but excluding any component due to interception activities.
re‑allocation adjustment request means a request by a Basin State to the Authority to adjust the SDL resource unit shared reduction amounts for SDL resource units that are within a zone mentioned in subsection (2), being a request that:
(ii) before any water resource plan is submitted by the State for a water resource plan area in the zone (excluding any water resource plan submitted before 14 November 2017); and
(b) if made before the substitution of this section by the Basin Plan 2012—is expressed to be made in anticipation of the substitution of this section by that instrument; and
(ii) no SDL resource unit has an SDL that is larger than would result from replacing its shared reduction amount with zero; and
(d) takes into account the amount of water already recovered by the Commonwealth at the time of the request (and does not, for example, request an SDL resource unit shared reduction amount for a unit that is lower than the amount of water already recovered by the Commonwealth at the time of the request).
Note: An earlier request referred to in section 7.14A is not a re‑allocation adjustment request for the purposes of this section. A Basin State may, if it has made such an earlier request, confirm it (provided it satisfies paragraphs (c) and (d)) or vary it by making a re‑allocation adjustment request for the purposes of this section. Otherwise, the default shared reduction amounts under subsection (4) will apply.
(8) If the Authority receives a re‑allocation adjustment request, the Authority must, as soon as practicable, publish the requested SDL resource unit shared reduction amounts for SDL resource units in the relevant zone on its website.
make a request to the Authority for variations to the SDL resource unit shared reduction amounts for SDL resource units in a zone.
(b) must take into account the amount of water already recovered by the Commonwealth at the time of the request (and must not, for example, request an SDL resource unit shared reduction amount for a unit that is lower than the amount of water already recovered by the Commonwealth at the time of the request); and
(c) must not change the SDL resource unit shared reduction amounts for SDL resource units in a water resource plan area for which a water resource plan has already been submitted.
(11) The Authority must consult with the Department upon receiving a request under subsection (9) that complies with subsection (10).
(12) The Authority may agree to the requested variations if both the Authority and the Department consider that it is appropriate for the Authority to do so in order to accommodate changes in the expected amount of water recovery in relevant SDL resource units.
(b) if no such amounts have been published under subsection (8)—publish the variations to the SDL resource unit shared reduction amounts for SDL resource units in the relevant zone on its website.
(14) If the Authority publishes an SDL resource unit shared reduction amount for an SDL resource unit on its website under this section, that amount is the SDL resource unit shared reduction amount for the relevant unit.
For column 2 of the table in Schedule 2, the SDL adjustment amount for a surface water SDL resource unit for a water accounting period is the amount, in GL per year, calculated in accordance with Schedule 6A for the water accounting period.
(1) The Authority may, in consultation with Basin States and other interested persons, conduct research and investigations into the long‑term average sustainable diversion limits or any other aspects of the Basin Plan, for the purpose of informing any reviews of the Basin Plan or aspects of the Basin Plan including in relation to whether there should be changes to the long‑term average sustainable diversion limits.
(3) A review must be undertaken having regard to the management of climate change risks and include an up‑to‑date assessment of those risks, and consider all relevant knowledge about the connectivity of surface and groundwater, the outcomes of environmental watering and the effectiveness of environmental works and measures.
(4) The Authority must publish on its website any reports produced as a result of research or investigations conducted under this section.
Note: For example, the Authority has other powers under the Act and the Basin Plan to conduct reviews, research and investigations: see sections 50 and 172 of the Act and Chapter 13 of the Basin Plan.
Reviews generally Reviews generally
(1) The Authority may, in consultation with Basin States and other interested persons, conduct research and investigations into the long‑term average sustainable diversion limits or any other aspects of the Basin Plan, for the purpose of informing any reviews of the Basin Plan or aspects of the Basin Plan including in relation to whether there should be changes to the long‑term average sustainable diversion limits.
(3) A review must be undertaken having regard to the management of climate change risks and include an up‑to‑date assessment of those risks, and consider all relevant knowledge about the connectivity of surface and groundwater, the outcomes of environmental watering and the effectiveness of environmental works and measures.
(4) The Authority must publish on its website any reports produced as a result of research or investigations conducted under this section.
Note: For example, the Authority has other powers under the Act and the Basin Plan to conduct reviews, research and investigations: see sections 50 and 172 of the Act and Chapter 13 of the Basin Plan.
Part 3 Temporary diversion provision
Part 3—Temporary diversion provision
6.07 Temporary diversion provision
The temporary diversion provision for each SDL resource unit is zero.
6.07 Temporary diversion provision
6.07 Temporary diversion provision
The temporary diversion provision for each SDL resource unit is zero.
Part 4 Method for determining compliance with long‑term annual diversion limit
(1) The Authority must establish and maintain a register of take for each SDL resource unit in accordance with this Part.
(2) The purpose of the register of take is to assist with determining, for each water accounting period, whether there has been compliance with the long‑term annual diversion limit for an SDL resource unit and the extent of any failure to comply with that limit.
Note: See section 4 of the Act for the meaning of long‑term annual diversion limit. Under the Basin Plan, the long‑term annual diversion limit is the same as the long‑term average sustainable diversion limit because the temporary diversion provision for each SDL resource unit is zero: see section 6.07.
(3A) For each groundwater SDL resource unit, the register of take must include a record of amounts for determining compliance, as set out in Division 3.
(4) The register may also include any other matters the Authority considers relevant to determining whether there has been compliance with the long‑term annual diversion limit.
(5) The register of take commences in the first water accounting period after 30 June 2019 following the commencement of a water resource plan.
(6) When the register of take commences for a surface water SDL resource unit, it must record a cumulative balance of zero.
(2) The Inspector‑General may issue and publish guidelines under subsection 215V(1) in relation to the action plans, and the Basin States must have regard to the guidelines in preparing action plans.
Note: The Inspector‑General must consult the Basin States, and have regard to any submissions made by the Basin States, in preparing guidelines under section 215V: see section 215VB.
After the end of a water accounting period, a Basin State must, at the same time as it provides the Authority with a report under section 71 in relation to the period, provide the Authority and the Inspector‑General with a report that includes details of progress during the period in taking the proposed set of actions specified in an action plan provided by the Basin State as required by subsection 6.12(5) or 6.12C(5).
(2) The Inspector‑General may issue and publish guidelines under subsection 215V(1) in relation to the reports, and the Basin States must have regard to the guidelines in preparing the reports.
Note: The Inspector‑General must consult the Basin States, and have regard to any submissions made by the Basin States, in preparing guidelines under section 215V: see section 215VB.
(1) The Authority must make a one‑off adjustment, in accordance with this Division, to the cumulative balance for each surface water SDL resource unit, unless the register of take for the surface water SDL resource unit had already commenced as at 1 July 2019.
(2) If the register of take for a surface water SDL resource unit for which the Authority must make a one‑off adjustment has already commenced as at the commencement of this section, the Authority must make a one‑off adjustment in relation to the surface water SDL resource unit as soon as practicable after the beginning of the first water accounting period after that commencement.
(3) If the register of take for a surface water SDL resource unit for which the Authority must make a one‑off adjustment has not already commenced as at the commencement of this section, the Authority must make a one‑off adjustment in relation to the surface water SDL resource unit as soon as practicable after the end of the water accounting period in which the register of take commences.
(1) This section and sections 6.08F and 6.08G set out how to calculate the one‑off adjustment to the cumulative balance of a surface water SDL resource unit.
(2) For each relevant water accounting period for the surface water SDL resource unit, sum the maximum quantity of water permitted to be taken by each form of take for consumptive use from the surface water SDL resource unit (annual permitted take) in accordance with section 6.08G.
(3) For the same relevant water accounting period, sum the quantity of water actually taken by each form of take for consumptive use from the surface water SDL resource unit (annual actual take) in accordance with section 6.08G.
(4) For the purposes of calculating the one‑off adjustment to the cumulative balance of a surface water SDL unit, a relevant water accounting period, for the surface water SDL resource unit, means a water accounting period that begins on or after 1 July 2019, other than the water accounting period in which the register of take for the surface water SDL resource unit commences or any later water accounting period.
(1) For each relevant water accounting period, if the annual actual take is greater than the annual permitted take, the difference is a debit.
(2) For each relevant water accounting period, if the annual actual take is less than the annual permitted take, the difference is a credit.
(3) For each relevant water accounting period, if there is no difference between the annual actual take and the annual permitted take, the difference is zero.
(4) As a result of the calculations made under subsections (1) to (3), determine the one‑off adjustment to the cumulative balance by summing the total differences between annual permitted take and annual actual take for each relevant water accounting period for the surface water SDL resource unit.
(5) If, in a relevant water accounting period, the circumstances mentioned in the example in paragraph 6.12(4)(b) apply, the one‑off adjustment for the surface water SDL resource unit is to be adjusted by including the amount attributable to those circumstances as a credit, and subsection 6.11(5) does not apply to the relevant water accounting period.
(6) The one‑off adjustment for the surface water SDL resource unit is to be adjusted to account for any disposal or acquisition of held environmental water for each relevant water accounting period.
(8) For the water accounting period in which the one‑off adjustment is recorded, the cumulative balance determined under subsection 6.11(4) is to include the effect of the one‑off adjustment.
(1) Subject to this section, the annual permitted take and the annual actual take are to be worked out using the method set out in the water resource plan for the surface water SDL resource unit for the purposes of sections 10.10 and 10.15.
Note 1: Section 10.10 requires a water resource plan to set out a method for determining the maximum quantity of water permitted to be taken by each form of take for consumptive use from the surface water SDL resource unit in each water accounting period.
Note 2: Section 10.15 requires a water resource plan to set out how the quantity of water actually taken for consumptive use by each form of take from each SDL resource unit will be determined after the end of a water accounting period using the best information available at the time.
(2) If the annual permitted take or the annual actual take cannot be worked out in accordance with subsection (1) because the data is not available for a form of take, the annual permitted take and the annual actual take are to be:
(b) worked out in accordance with an alternative method determined by the Authority in consultation with the relevant Basin State before whichever of the following applies:
(i) if the water resource plan for the surface water SDL resource unit is accredited as at the commencement of this section—on or before the first 30 June after that commencement;
(ii) if the water resource plan for the surface water SDL resource unit is not accredited as at the commencement of this section—on or before 30 June of the water accounting period in which the register of take commences.
(1) The method for determining compliance with the long‑term annual diversion limit for a surface water SDL resource unit in a water accounting period is to follow the steps set out in this Division.
(2) The method applies to each water accounting period after 30 June 2019 following the commencement of a water resource plan relating to the SDL resource unit.
(1) For a water accounting period, sum the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit, determined in accordance with the method for section 10.10 (annual permitted take).
Note: Section 10.10 requires a water resource plan to set out a method for determining the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit in each water accounting period.
(2) For the same water accounting period, sum the quantity of water actually taken by each form of take for consumptive use from the SDL resource unit (annual actual take).
(1) If the annual actual take is greater than the annual permitted take, the difference must be recorded on the register of take for the SDL resource unit as a debit.
(2) If the annual actual take is less than the annual permitted take, the difference must be recorded on the register of take as a credit.
(3) If there is no difference between the annual actual take and the annual permitted take, a zero must be recorded on the register of take in both the debit column and the credit column.
(a) determine the new cumulative balance of the difference between annual permitted take and annual actual take for the SDL resource unit; and
(5) If, in the previous water accounting period, the circumstances mentioned in the example in paragraph 6.12(4)(b) applied, the cumulative balance for the SDL resource unit is to be adjusted by crediting to that balance the amount attributable to those circumstances.
(1) There is non‑compliance with a long‑term annual diversion limit for a surface water SDL resource unit in a water accounting period if:
(a) the cumulative balance for the SDL resource unit, adjusted to account for any disposal or acquisition of held environmental water, is a debit amount equal to or greater than 20% of the long‑term annual diversion limit for the SDL resource unit; and
(a) it has provided a report to the Authority and to the Inspector‑General setting out the reasons for the excess, with evidence for the claim; and
Note 1: If the Inspector‑General is not satisfied that there is a reasonable excuse, there will be non‑compliance on the part of the Basin State requiring an action plan under subsection 71(1A) of the Act.
(b) circumstances beyond the Basin State’s control (for example where, for reasons beyond the Basin State’s control, the Commonwealth has not achieved the water recovery target that it has set for itself in relation to the SDL resource unit).
(5) A Basin State that relies on a claim it has made in accordance with subsection (3) must provide the Authority and the Inspector‑General, in writing, with a proposed set of actions (an action plan) that the State will take to reduce the cumulative balance of the register to zero or less.
Note 1: The Basin State will not need to take steps to reduce the cumulative balance to the extent it will be adjusted under subsection 6.11(5).
Note 2: The Inspector‑General may conduct, or appoint or establish a person or body to conduct, an audit in relation to compliance using the Inspector‑General’s powers under the Act. The Inspector‑General must publish a copy of a report of the audit on the Inspector‑General’s website or the Department’s website. The findings of such an audit may also lead to further action being taken by the Inspector‑General to ensure compliance with sections 34, 35, 58 and 59 of the Act.
(1) The method for determining compliance with the long‑term annual diversion limit for a groundwater SDL resource unit in a water accounting period is to follow the steps set out in this Division.
(2) The method applies to each water accounting period after 30 June 2019 following the commencement of a water resource plan relating to the SDL resource unit.
(1) For a water accounting period, sum the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit, determined in accordance with the method for section 10.10 (annual permitted take).
Note: Section 10.10 requires a water resource plan to set out a method for determining the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit in each water accounting period.
(2) For the same water accounting period, sum the quantity of water actually taken by each form of take for consumptive use from the SDL resource unit (annual actual take).
(1) There is non‑compliance with a long‑term annual diversion limit for the groundwater SDL resource unit in a water accounting period ending on or before 30 June 2028, if:
(a) the sum of annual actual take in the water accounting periods since 1 July 2019 is greater than the sum of annual permitted take for those water accounting periods plus 20% of the long‑term annual diversion limit for the SDL resource unit, after adjusting, for any previous water accounting period in which the circumstances mentioned in the example in paragraph (4)(b) applied, by the amount attributable to those circumstances; and
Note: The effect of the subsection above is the same as the effect of section 6.12 which applies in relation to surface water SDL resource units.
(2) There is non‑compliance with a long‑term annual diversion limit for the groundwater SDL resource unit in a water accounting period ending after 30 June 2028, if:
(a) the average annual actual take over the 10 year period ending with that water accounting period is greater than the average annual permitted take over the 10 year period, after adjusting, for any previous water accounting period in which the circumstances mentioned in the example in paragraph (4)(b) applied, by the amount attributable to those circumstances; and
(a) it has provided a report to the Authority and to the Inspector‑General setting out the reasons for the excess, with evidence for the claim; and
Note 1: If the Inspector‑General is not satisfied that there is a reasonable excuse, there will be non‑compliance on the part of the Basin State requiring an action plan under subsection 71(1A) of the Act.
(b) circumstances beyond the Basin State’s control (for example where, for reasons beyond the Basin State’s control, the Commonwealth has not achieved the water recovery target that it has set for itself in relation to the SDL resource unit).
(5) A Basin State that relies on a claim it has made in accordance with subsection (3) must provide the Authority and the Inspector‑General, in writing, with a proposed set of actions (an action plan) that the State will take to reach the point where there is no excess under whichever of paragraphs (1)(a) and (2)(a) is then relevant.
Note 1: The Basin State will not need to take steps to the extent there will be an adjustment under paragraph (1)(a) or (2)(a).
Note 2: The Inspector‑General may conduct, or appoint or establish a person or body to conduct, an audit in relation to compliance using the Inspector‑General’s powers under the Act. The Inspector‑General must publish a copy of a report of the audit on the Inspector‑General’s website or the Department’s website. The findings of such an audit may also lead to further action being taken by the Inspector‑General to ensure compliance with sections 34, 35, 58 and 59 of the Act.
(1) The Authority must establish and maintain a register of take for each SDL resource unit in accordance with this Part.
(2) The purpose of the register of take is to assist with determining, for each water accounting period, whether there has been compliance with the long‑term annual diversion limit for an SDL resource unit and the extent of any failure to comply with that limit.
Note: See section 4 of the Act for the meaning of long‑term annual diversion limit. Under the Basin Plan, the long‑term annual diversion limit is the same as the long‑term average sustainable diversion limit because the temporary diversion provision for each SDL resource unit is zero: see section 6.07.
(3A) For each groundwater SDL resource unit, the register of take must include a record of amounts for determining compliance, as set out in Division 3.
(4) The register may also include any other matters the Authority considers relevant to determining whether there has been compliance with the long‑term annual diversion limit.
(5) The register of take commences in the first water accounting period after 30 June 2019 following the commencement of a water resource plan.
(6) When the register of take commences for a surface water SDL resource unit, it must record a cumulative balance of zero.
(2) The Inspector‑General may issue and publish guidelines under subsection 215V(1) in relation to the action plans, and the Basin States must have regard to the guidelines in preparing action plans.
Note: The Inspector‑General must consult the Basin States, and have regard to any submissions made by the Basin States, in preparing guidelines under section 215V: see section 215VB.
After the end of a water accounting period, a Basin State must, at the same time as it provides the Authority with a report under section 71 in relation to the period, provide the Authority and the Inspector‑General with a report that includes details of progress during the period in taking the proposed set of actions specified in an action plan provided by the Basin State as required by subsection 6.12(5) or 6.12C(5).
(2) The Inspector‑General may issue and publish guidelines under subsection 215V(1) in relation to the reports, and the Basin States must have regard to the guidelines in preparing the reports.
Note: The Inspector‑General must consult the Basin States, and have regard to any submissions made by the Basin States, in preparing guidelines under section 215V: see section 215VB.
(1) The Authority must make a one‑off adjustment, in accordance with this Division, to the cumulative balance for each surface water SDL resource unit, unless the register of take for the surface water SDL resource unit had already commenced as at 1 July 2019.
(2) If the register of take for a surface water SDL resource unit for which the Authority must make a one‑off adjustment has already commenced as at the commencement of this section, the Authority must make a one‑off adjustment in relation to the surface water SDL resource unit as soon as practicable after the beginning of the first water accounting period after that commencement.
(3) If the register of take for a surface water SDL resource unit for which the Authority must make a one‑off adjustment has not already commenced as at the commencement of this section, the Authority must make a one‑off adjustment in relation to the surface water SDL resource unit as soon as practicable after the end of the water accounting period in which the register of take commences.
(1) This section and sections 6.08F and 6.08G set out how to calculate the one‑off adjustment to the cumulative balance of a surface water SDL resource unit.
(2) For each relevant water accounting period for the surface water SDL resource unit, sum the maximum quantity of water permitted to be taken by each form of take for consumptive use from the surface water SDL resource unit (annual permitted take) in accordance with section 6.08G.
(3) For the same relevant water accounting period, sum the quantity of water actually taken by each form of take for consumptive use from the surface water SDL resource unit (annual actual take) in accordance with section 6.08G.
(4) For the purposes of calculating the one‑off adjustment to the cumulative balance of a surface water SDL unit, a relevant water accounting period, for the surface water SDL resource unit, means a water accounting period that begins on or after 1 July 2019, other than the water accounting period in which the register of take for the surface water SDL resource unit commences or any later water accounting period.
(1) For each relevant water accounting period, if the annual actual take is greater than the annual permitted take, the difference is a debit.
(2) For each relevant water accounting period, if the annual actual take is less than the annual permitted take, the difference is a credit.
(3) For each relevant water accounting period, if there is no difference between the annual actual take and the annual permitted take, the difference is zero.
(4) As a result of the calculations made under subsections (1) to (3), determine the one‑off adjustment to the cumulative balance by summing the total differences between annual permitted take and annual actual take for each relevant water accounting period for the surface water SDL resource unit.
(5) If, in a relevant water accounting period, the circumstances mentioned in the example in paragraph 6.12(4)(b) apply, the one‑off adjustment for the surface water SDL resource unit is to be adjusted by including the amount attributable to those circumstances as a credit, and subsection 6.11(5) does not apply to the relevant water accounting period.
(6) The one‑off adjustment for the surface water SDL resource unit is to be adjusted to account for any disposal or acquisition of held environmental water for each relevant water accounting period.
(8) For the water accounting period in which the one‑off adjustment is recorded, the cumulative balance determined under subsection 6.11(4) is to include the effect of the one‑off adjustment.
(1) Subject to this section, the annual permitted take and the annual actual take are to be worked out using the method set out in the water resource plan for the surface water SDL resource unit for the purposes of sections 10.10 and 10.15.
Note 1: Section 10.10 requires a water resource plan to set out a method for determining the maximum quantity of water permitted to be taken by each form of take for consumptive use from the surface water SDL resource unit in each water accounting period.
Note 2: Section 10.15 requires a water resource plan to set out how the quantity of water actually taken for consumptive use by each form of take from each SDL resource unit will be determined after the end of a water accounting period using the best information available at the time.
(2) If the annual permitted take or the annual actual take cannot be worked out in accordance with subsection (1) because the data is not available for a form of take, the annual permitted take and the annual actual take are to be:
(b) worked out in accordance with an alternative method determined by the Authority in consultation with the relevant Basin State before whichever of the following applies:
(i) if the water resource plan for the surface water SDL resource unit is accredited as at the commencement of this section—on or before the first 30 June after that commencement;
(ii) if the water resource plan for the surface water SDL resource unit is not accredited as at the commencement of this section—on or before 30 June of the water accounting period in which the register of take commences.
(1) The method for determining compliance with the long‑term annual diversion limit for a surface water SDL resource unit in a water accounting period is to follow the steps set out in this Division.
(2) The method applies to each water accounting period after 30 June 2019 following the commencement of a water resource plan relating to the SDL resource unit.
(1) For a water accounting period, sum the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit, determined in accordance with the method for section 10.10 (annual permitted take).
Note: Section 10.10 requires a water resource plan to set out a method for determining the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit in each water accounting period.
(2) For the same water accounting period, sum the quantity of water actually taken by each form of take for consumptive use from the SDL resource unit (annual actual take).
(1) If the annual actual take is greater than the annual permitted take, the difference must be recorded on the register of take for the SDL resource unit as a debit.
(2) If the annual actual take is less than the annual permitted take, the difference must be recorded on the register of take as a credit.
(3) If there is no difference between the annual actual take and the annual permitted take, a zero must be recorded on the register of take in both the debit column and the credit column.
(a) determine the new cumulative balance of the difference between annual permitted take and annual actual take for the SDL resource unit; and
(5) If, in the previous water accounting period, the circumstances mentioned in the example in paragraph 6.12(4)(b) applied, the cumulative balance for the SDL resource unit is to be adjusted by crediting to that balance the amount attributable to those circumstances.
(1) There is non‑compliance with a long‑term annual diversion limit for a surface water SDL resource unit in a water accounting period if:
(a) the cumulative balance for the SDL resource unit, adjusted to account for any disposal or acquisition of held environmental water, is a debit amount equal to or greater than 20% of the long‑term annual diversion limit for the SDL resource unit; and
(a) it has provided a report to the Authority and to the Inspector‑General setting out the reasons for the excess, with evidence for the claim; and
Note 1: If the Inspector‑General is not satisfied that there is a reasonable excuse, there will be non‑compliance on the part of the Basin State requiring an action plan under subsection 71(1A) of the Act.
(b) circumstances beyond the Basin State’s control (for example where, for reasons beyond the Basin State’s control, the Commonwealth has not achieved the water recovery target that it has set for itself in relation to the SDL resource unit).
(5) A Basin State that relies on a claim it has made in accordance with subsection (3) must provide the Authority and the Inspector‑General, in writing, with a proposed set of actions (an action plan) that the State will take to reduce the cumulative balance of the register to zero or less.
Note 1: The Basin State will not need to take steps to reduce the cumulative balance to the extent it will be adjusted under subsection 6.11(5).
Note 2: The Inspector‑General may conduct, or appoint or establish a person or body to conduct, an audit in relation to compliance using the Inspector‑General’s powers under the Act. The Inspector‑General must publish a copy of a report of the audit on the Inspector‑General’s website or the Department’s website. The findings of such an audit may also lead to further action being taken by the Inspector‑General to ensure compliance with sections 34, 35, 58 and 59 of the Act.
(1) The method for determining compliance with the long‑term annual diversion limit for a groundwater SDL resource unit in a water accounting period is to follow the steps set out in this Division.
(2) The method applies to each water accounting period after 30 June 2019 following the commencement of a water resource plan relating to the SDL resource unit.
(1) For a water accounting period, sum the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit, determined in accordance with the method for section 10.10 (annual permitted take).
Note: Section 10.10 requires a water resource plan to set out a method for determining the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit in each water accounting period.
(2) For the same water accounting period, sum the quantity of water actually taken by each form of take for consumptive use from the SDL resource unit (annual actual take).
(1) There is non‑compliance with a long‑term annual diversion limit for the groundwater SDL resource unit in a water accounting period ending on or before 30 June 2028, if:
(a) the sum of annual actual take in the water accounting periods since 1 July 2019 is greater than the sum of annual permitted take for those water accounting periods plus 20% of the long‑term annual diversion limit for the SDL resource unit, after adjusting, for any previous water accounting period in which the circumstances mentioned in the example in paragraph (4)(b) applied, by the amount attributable to those circumstances; and
Note: The effect of the subsection above is the same as the effect of section 6.12 which applies in relation to surface water SDL resource units.
(2) There is non‑compliance with a long‑term annual diversion limit for the groundwater SDL resource unit in a water accounting period ending after 30 June 2028, if:
(a) the average annual actual take over the 10 year period ending with that water accounting period is greater than the average annual permitted take over the 10 year period, after adjusting, for any previous water accounting period in which the circumstances mentioned in the example in paragraph (4)(b) applied, by the amount attributable to those circumstances; and
(a) it has provided a report to the Authority and to the Inspector‑General setting out the reasons for the excess, with evidence for the claim; and
Note 1: If the Inspector‑General is not satisfied that there is a reasonable excuse, there will be non‑compliance on the part of the Basin State requiring an action plan under subsection 71(1A) of the Act.
(b) circumstances beyond the Basin State’s control (for example where, for reasons beyond the Basin State’s control, the Commonwealth has not achieved the water recovery target that it has set for itself in relation to the SDL resource unit).
(5) A Basin State that relies on a claim it has made in accordance with subsection (3) must provide the Authority and the Inspector‑General, in writing, with a proposed set of actions (an action plan) that the State will take to reach the point where there is no excess under whichever of paragraphs (1)(a) and (2)(a) is then relevant.
Note 1: The Basin State will not need to take steps to the extent there will be an adjustment under paragraph (1)(a) or (2)(a).
Note 2: The Inspector‑General may conduct, or appoint or establish a person or body to conduct, an audit in relation to compliance using the Inspector‑General’s powers under the Act. The Inspector‑General must publish a copy of a report of the audit on the Inspector‑General’s website or the Department’s website. The findings of such an audit may also lead to further action being taken by the Inspector‑General to ensure compliance with sections 34, 35, 58 and 59 of the Act.
6.08 Register of take
(1) The Authority must establish and maintain a register of take for each SDL resource unit in accordance with this Part.
(2) The purpose of the register of take is to assist with determining, for each water accounting period, whether there has been compliance with the long‑term annual diversion limit for an SDL resource unit and the extent of any failure to comply with that limit.
Note: See section 4 of the Act for the meaning of long‑term annual diversion limit. Under the Basin Plan, the long‑term annual diversion limit is the same as the long‑term average sustainable diversion limit because the temporary diversion provision for each SDL resource unit is zero: see section 6.07.
(3A) For each groundwater SDL resource unit, the register of take must include a record of amounts for determining compliance, as set out in Division 3.
(4) The register may also include any other matters the Authority considers relevant to determining whether there has been compliance with the long‑term annual diversion limit.
(5) The register of take commences in the first water accounting period after 30 June 2019 following the commencement of a water resource plan.
(6) When the register of take commences for a surface water SDL resource unit, it must record a cumulative balance of zero.
6.08A Content of action plan 6.08A Content of action plan
(2) The Inspector‑General may issue and publish guidelines under subsection 215V(1) in relation to the action plans, and the Basin States must have regard to the guidelines in preparing action plans.
Note: The Inspector‑General must consult the Basin States, and have regard to any submissions made by the Basin States, in preparing guidelines under section 215V: see section 215VB.
6.08B Reporting on action plan under the 6.08B Reporting on action plan under the Basin Plan
After the end of a water accounting period, a Basin State must, at the same time as it provides the Authority with a report under section 71 in relation to the period, provide the Authority and the Inspector‑General with a report that includes details of progress during the period in taking the proposed set of actions specified in an action plan provided by the Basin State as required by subsection 6.12(5) or 6.12C(5).
6.08C Content of report 6.08C Content of report
(2) The Inspector‑General may issue and publish guidelines under subsection 215V(1) in relation to the reports, and the Basin States must have regard to the guidelines in preparing the reports.
Note: The Inspector‑General must consult the Basin States, and have regard to any submissions made by the Basin States, in preparing guidelines under section 215V: see section 215VB.
Division 1A One‑off adjustment to cumulative balances for surface water SDL resource units
(1) The Authority must establish and maintain a register of take for each SDL resource unit in accordance with this Part.
(2) The purpose of the register of take is to assist with determining, for each water accounting period, whether there has been compliance with the long‑term annual diversion limit for an SDL resource unit and the extent of any failure to comply with that limit.
Note: See section 4 of the Act for the meaning of long‑term annual diversion limit. Under the Basin Plan, the long‑term annual diversion limit is the same as the long‑term average sustainable diversion limit because the temporary diversion provision for each SDL resource unit is zero: see section 6.07.
(3A) For each groundwater SDL resource unit, the register of take must include a record of amounts for determining compliance, as set out in Division 3.
(4) The register may also include any other matters the Authority considers relevant to determining whether there has been compliance with the long‑term annual diversion limit.
(5) The register of take commences in the first water accounting period after 30 June 2019 following the commencement of a water resource plan.
(6) When the register of take commences for a surface water SDL resource unit, it must record a cumulative balance of zero.
(2) The Inspector‑General may issue and publish guidelines under subsection 215V(1) in relation to the action plans, and the Basin States must have regard to the guidelines in preparing action plans.
Note: The Inspector‑General must consult the Basin States, and have regard to any submissions made by the Basin States, in preparing guidelines under section 215V: see section 215VB.
After the end of a water accounting period, a Basin State must, at the same time as it provides the Authority with a report under section 71 in relation to the period, provide the Authority and the Inspector‑General with a report that includes details of progress during the period in taking the proposed set of actions specified in an action plan provided by the Basin State as required by subsection 6.12(5) or 6.12C(5).
(2) The Inspector‑General may issue and publish guidelines under subsection 215V(1) in relation to the reports, and the Basin States must have regard to the guidelines in preparing the reports.
Note: The Inspector‑General must consult the Basin States, and have regard to any submissions made by the Basin States, in preparing guidelines under section 215V: see section 215VB.
(1) The Authority must make a one‑off adjustment, in accordance with this Division, to the cumulative balance for each surface water SDL resource unit, unless the register of take for the surface water SDL resource unit had already commenced as at 1 July 2019.
(2) If the register of take for a surface water SDL resource unit for which the Authority must make a one‑off adjustment has already commenced as at the commencement of this section, the Authority must make a one‑off adjustment in relation to the surface water SDL resource unit as soon as practicable after the beginning of the first water accounting period after that commencement.
(3) If the register of take for a surface water SDL resource unit for which the Authority must make a one‑off adjustment has not already commenced as at the commencement of this section, the Authority must make a one‑off adjustment in relation to the surface water SDL resource unit as soon as practicable after the end of the water accounting period in which the register of take commences.
(1) This section and sections 6.08F and 6.08G set out how to calculate the one‑off adjustment to the cumulative balance of a surface water SDL resource unit.
(2) For each relevant water accounting period for the surface water SDL resource unit, sum the maximum quantity of water permitted to be taken by each form of take for consumptive use from the surface water SDL resource unit (annual permitted take) in accordance with section 6.08G.
(3) For the same relevant water accounting period, sum the quantity of water actually taken by each form of take for consumptive use from the surface water SDL resource unit (annual actual take) in accordance with section 6.08G.
(4) For the purposes of calculating the one‑off adjustment to the cumulative balance of a surface water SDL unit, a relevant water accounting period, for the surface water SDL resource unit, means a water accounting period that begins on or after 1 July 2019, other than the water accounting period in which the register of take for the surface water SDL resource unit commences or any later water accounting period.
(1) For each relevant water accounting period, if the annual actual take is greater than the annual permitted take, the difference is a debit.
(2) For each relevant water accounting period, if the annual actual take is less than the annual permitted take, the difference is a credit.
(3) For each relevant water accounting period, if there is no difference between the annual actual take and the annual permitted take, the difference is zero.
(4) As a result of the calculations made under subsections (1) to (3), determine the one‑off adjustment to the cumulative balance by summing the total differences between annual permitted take and annual actual take for each relevant water accounting period for the surface water SDL resource unit.
(5) If, in a relevant water accounting period, the circumstances mentioned in the example in paragraph 6.12(4)(b) apply, the one‑off adjustment for the surface water SDL resource unit is to be adjusted by including the amount attributable to those circumstances as a credit, and subsection 6.11(5) does not apply to the relevant water accounting period.
(6) The one‑off adjustment for the surface water SDL resource unit is to be adjusted to account for any disposal or acquisition of held environmental water for each relevant water accounting period.
(8) For the water accounting period in which the one‑off adjustment is recorded, the cumulative balance determined under subsection 6.11(4) is to include the effect of the one‑off adjustment.
(1) Subject to this section, the annual permitted take and the annual actual take are to be worked out using the method set out in the water resource plan for the surface water SDL resource unit for the purposes of sections 10.10 and 10.15.
Note 1: Section 10.10 requires a water resource plan to set out a method for determining the maximum quantity of water permitted to be taken by each form of take for consumptive use from the surface water SDL resource unit in each water accounting period.
Note 2: Section 10.15 requires a water resource plan to set out how the quantity of water actually taken for consumptive use by each form of take from each SDL resource unit will be determined after the end of a water accounting period using the best information available at the time.
(2) If the annual permitted take or the annual actual take cannot be worked out in accordance with subsection (1) because the data is not available for a form of take, the annual permitted take and the annual actual take are to be:
(b) worked out in accordance with an alternative method determined by the Authority in consultation with the relevant Basin State before whichever of the following applies:
(i) if the water resource plan for the surface water SDL resource unit is accredited as at the commencement of this section—on or before the first 30 June after that commencement;
(ii) if the water resource plan for the surface water SDL resource unit is not accredited as at the commencement of this section—on or before 30 June of the water accounting period in which the register of take commences.
(1) The method for determining compliance with the long‑term annual diversion limit for a surface water SDL resource unit in a water accounting period is to follow the steps set out in this Division.
(2) The method applies to each water accounting period after 30 June 2019 following the commencement of a water resource plan relating to the SDL resource unit.
(1) For a water accounting period, sum the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit, determined in accordance with the method for section 10.10 (annual permitted take).
Note: Section 10.10 requires a water resource plan to set out a method for determining the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit in each water accounting period.
(2) For the same water accounting period, sum the quantity of water actually taken by each form of take for consumptive use from the SDL resource unit (annual actual take).
(1) If the annual actual take is greater than the annual permitted take, the difference must be recorded on the register of take for the SDL resource unit as a debit.
(2) If the annual actual take is less than the annual permitted take, the difference must be recorded on the register of take as a credit.
(3) If there is no difference between the annual actual take and the annual permitted take, a zero must be recorded on the register of take in both the debit column and the credit column.
(a) determine the new cumulative balance of the difference between annual permitted take and annual actual take for the SDL resource unit; and
(5) If, in the previous water accounting period, the circumstances mentioned in the example in paragraph 6.12(4)(b) applied, the cumulative balance for the SDL resource unit is to be adjusted by crediting to that balance the amount attributable to those circumstances.
(1) There is non‑compliance with a long‑term annual diversion limit for a surface water SDL resource unit in a water accounting period if:
(a) the cumulative balance for the SDL resource unit, adjusted to account for any disposal or acquisition of held environmental water, is a debit amount equal to or greater than 20% of the long‑term annual diversion limit for the SDL resource unit; and
(a) it has provided a report to the Authority and to the Inspector‑General setting out the reasons for the excess, with evidence for the claim; and
Note 1: If the Inspector‑General is not satisfied that there is a reasonable excuse, there will be non‑compliance on the part of the Basin State requiring an action plan under subsection 71(1A) of the Act.
(b) circumstances beyond the Basin State’s control (for example where, for reasons beyond the Basin State’s control, the Commonwealth has not achieved the water recovery target that it has set for itself in relation to the SDL resource unit).
(5) A Basin State that relies on a claim it has made in accordance with subsection (3) must provide the Authority and the Inspector‑General, in writing, with a proposed set of actions (an action plan) that the State will take to reduce the cumulative balance of the register to zero or less.
Note 1: The Basin State will not need to take steps to reduce the cumulative balance to the extent it will be adjusted under subsection 6.11(5).
Note 2: The Inspector‑General may conduct, or appoint or establish a person or body to conduct, an audit in relation to compliance using the Inspector‑General’s powers under the Act. The Inspector‑General must publish a copy of a report of the audit on the Inspector‑General’s website or the Department’s website. The findings of such an audit may also lead to further action being taken by the Inspector‑General to ensure compliance with sections 34, 35, 58 and 59 of the Act.
(1) The method for determining compliance with the long‑term annual diversion limit for a groundwater SDL resource unit in a water accounting period is to follow the steps set out in this Division.
(2) The method applies to each water accounting period after 30 June 2019 following the commencement of a water resource plan relating to the SDL resource unit.
(1) For a water accounting period, sum the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit, determined in accordance with the method for section 10.10 (annual permitted take).
Note: Section 10.10 requires a water resource plan to set out a method for determining the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit in each water accounting period.
(2) For the same water accounting period, sum the quantity of water actually taken by each form of take for consumptive use from the SDL resource unit (annual actual take).
(1) There is non‑compliance with a long‑term annual diversion limit for the groundwater SDL resource unit in a water accounting period ending on or before 30 June 2028, if:
(a) the sum of annual actual take in the water accounting periods since 1 July 2019 is greater than the sum of annual permitted take for those water accounting periods plus 20% of the long‑term annual diversion limit for the SDL resource unit, after adjusting, for any previous water accounting period in which the circumstances mentioned in the example in paragraph (4)(b) applied, by the amount attributable to those circumstances; and
Note: The effect of the subsection above is the same as the effect of section 6.12 which applies in relation to surface water SDL resource units.
(2) There is non‑compliance with a long‑term annual diversion limit for the groundwater SDL resource unit in a water accounting period ending after 30 June 2028, if:
(a) the average annual actual take over the 10 year period ending with that water accounting period is greater than the average annual permitted take over the 10 year period, after adjusting, for any previous water accounting period in which the circumstances mentioned in the example in paragraph (4)(b) applied, by the amount attributable to those circumstances; and
(a) it has provided a report to the Authority and to the Inspector‑General setting out the reasons for the excess, with evidence for the claim; and
Note 1: If the Inspector‑General is not satisfied that there is a reasonable excuse, there will be non‑compliance on the part of the Basin State requiring an action plan under subsection 71(1A) of the Act.
(b) circumstances beyond the Basin State’s control (for example where, for reasons beyond the Basin State’s control, the Commonwealth has not achieved the water recovery target that it has set for itself in relation to the SDL resource unit).
(5) A Basin State that relies on a claim it has made in accordance with subsection (3) must provide the Authority and the Inspector‑General, in writing, with a proposed set of actions (an action plan) that the State will take to reach the point where there is no excess under whichever of paragraphs (1)(a) and (2)(a) is then relevant.
Note 1: The Basin State will not need to take steps to the extent there will be an adjustment under paragraph (1)(a) or (2)(a).
Note 2: The Inspector‑General may conduct, or appoint or establish a person or body to conduct, an audit in relation to compliance using the Inspector‑General’s powers under the Act. The Inspector‑General must publish a copy of a report of the audit on the Inspector‑General’s website or the Department’s website. The findings of such an audit may also lead to further action being taken by the Inspector‑General to ensure compliance with sections 34, 35, 58 and 59 of the Act.
6.08D Determining one‑off adjustment to 6.08D Determining one‑off adjustment to cumulative balances from 1 July 2019
(1) The Authority must make a one‑off adjustment, in accordance with this Division, to the cumulative balance for each surface water SDL resource unit, unless the register of take for the surface water SDL resource unit had already commenced as at 1 July 2019.
(2) If the register of take for a surface water SDL resource unit for which the Authority must make a one‑off adjustment has already commenced as at the commencement of this section, the Authority must make a one‑off adjustment in relation to the surface water SDL resource unit as soon as practicable after the beginning of the first water accounting period after that commencement.
(3) If the register of take for a surface water SDL resource unit for which the Authority must make a one‑off adjustment has not already commenced as at the commencement of this section, the Authority must make a one‑off adjustment in relation to the surface water SDL resource unit as soon as practicable after the end of the water accounting period in which the register of take commences.
6.08E Step 1—Calculation of annual permi 6.08E Step 1—Calculation of annual permitted take and annual actual take for one‑off adjustment
(1) This section and sections 6.08F and 6.08G set out how to calculate the one‑off adjustment to the cumulative balance of a surface water SDL resource unit.
(2) For each relevant water accounting period for the surface water SDL resource unit, sum the maximum quantity of water permitted to be taken by each form of take for consumptive use from the surface water SDL resource unit (annual permitted take) in accordance with section 6.08G.
(3) For the same relevant water accounting period, sum the quantity of water actually taken by each form of take for consumptive use from the surface water SDL resource unit (annual actual take) in accordance with section 6.08G.
(4) For the purposes of calculating the one‑off adjustment to the cumulative balance of a surface water SDL unit, a relevant water accounting period, for the surface water SDL resource unit, means a water accounting period that begins on or after 1 July 2019, other than the water accounting period in which the register of take for the surface water SDL resource unit commences or any later water accounting period.
6.08F Step 2—Calculate and record the on 6.08F Step 2—Calculate and record the one‑off adjustment
(1) For each relevant water accounting period, if the annual actual take is greater than the annual permitted take, the difference is a debit.
(2) For each relevant water accounting period, if the annual actual take is less than the annual permitted take, the difference is a credit.
(3) For each relevant water accounting period, if there is no difference between the annual actual take and the annual permitted take, the difference is zero.
(4) As a result of the calculations made under subsections (1) to (3), determine the one‑off adjustment to the cumulative balance by summing the total differences between annual permitted take and annual actual take for each relevant water accounting period for the surface water SDL resource unit.
(5) If, in a relevant water accounting period, the circumstances mentioned in the example in paragraph 6.12(4)(b) apply, the one‑off adjustment for the surface water SDL resource unit is to be adjusted by including the amount attributable to those circumstances as a credit, and subsection 6.11(5) does not apply to the relevant water accounting period.
(6) The one‑off adjustment for the surface water SDL resource unit is to be adjusted to account for any disposal or acquisition of held environmental water for each relevant water accounting period.
(8) For the water accounting period in which the one‑off adjustment is recorded, the cumulative balance determined under subsection 6.11(4) is to include the effect of the one‑off adjustment.
6.08G How to calculate the annual permit 6.08G How to calculate the annual permitted take and the annual actual take
(1) Subject to this section, the annual permitted take and the annual actual take are to be worked out using the method set out in the water resource plan for the surface water SDL resource unit for the purposes of sections 10.10 and 10.15.
Note 1: Section 10.10 requires a water resource plan to set out a method for determining the maximum quantity of water permitted to be taken by each form of take for consumptive use from the surface water SDL resource unit in each water accounting period.
Note 2: Section 10.15 requires a water resource plan to set out how the quantity of water actually taken for consumptive use by each form of take from each SDL resource unit will be determined after the end of a water accounting period using the best information available at the time.
(2) If the annual permitted take or the annual actual take cannot be worked out in accordance with subsection (1) because the data is not available for a form of take, the annual permitted take and the annual actual take are to be:
(b) worked out in accordance with an alternative method determined by the Authority in consultation with the relevant Basin State before whichever of the following applies:
(i) if the water resource plan for the surface water SDL resource unit is accredited as at the commencement of this section—on or before the first 30 June after that commencement;
(ii) if the water resource plan for the surface water SDL resource unit is not accredited as at the commencement of this section—on or before 30 June of the water accounting period in which the register of take commences.
Division 2 Method for determining compliance—surface water
(1) The Authority must establish and maintain a register of take for each SDL resource unit in accordance with this Part.
(2) The purpose of the register of take is to assist with determining, for each water accounting period, whether there has been compliance with the long‑term annual diversion limit for an SDL resource unit and the extent of any failure to comply with that limit.
Note: See section 4 of the Act for the meaning of long‑term annual diversion limit. Under the Basin Plan, the long‑term annual diversion limit is the same as the long‑term average sustainable diversion limit because the temporary diversion provision for each SDL resource unit is zero: see section 6.07.
(3A) For each groundwater SDL resource unit, the register of take must include a record of amounts for determining compliance, as set out in Division 3.
(4) The register may also include any other matters the Authority considers relevant to determining whether there has been compliance with the long‑term annual diversion limit.
(5) The register of take commences in the first water accounting period after 30 June 2019 following the commencement of a water resource plan.
(6) When the register of take commences for a surface water SDL resource unit, it must record a cumulative balance of zero.
(2) The Inspector‑General may issue and publish guidelines under subsection 215V(1) in relation to the action plans, and the Basin States must have regard to the guidelines in preparing action plans.
Note: The Inspector‑General must consult the Basin States, and have regard to any submissions made by the Basin States, in preparing guidelines under section 215V: see section 215VB.
After the end of a water accounting period, a Basin State must, at the same time as it provides the Authority with a report under section 71 in relation to the period, provide the Authority and the Inspector‑General with a report that includes details of progress during the period in taking the proposed set of actions specified in an action plan provided by the Basin State as required by subsection 6.12(5) or 6.12C(5).
(2) The Inspector‑General may issue and publish guidelines under subsection 215V(1) in relation to the reports, and the Basin States must have regard to the guidelines in preparing the reports.
Note: The Inspector‑General must consult the Basin States, and have regard to any submissions made by the Basin States, in preparing guidelines under section 215V: see section 215VB.
(1) The Authority must make a one‑off adjustment, in accordance with this Division, to the cumulative balance for each surface water SDL resource unit, unless the register of take for the surface water SDL resource unit had already commenced as at 1 July 2019.
(2) If the register of take for a surface water SDL resource unit for which the Authority must make a one‑off adjustment has already commenced as at the commencement of this section, the Authority must make a one‑off adjustment in relation to the surface water SDL resource unit as soon as practicable after the beginning of the first water accounting period after that commencement.
(3) If the register of take for a surface water SDL resource unit for which the Authority must make a one‑off adjustment has not already commenced as at the commencement of this section, the Authority must make a one‑off adjustment in relation to the surface water SDL resource unit as soon as practicable after the end of the water accounting period in which the register of take commences.
(1) This section and sections 6.08F and 6.08G set out how to calculate the one‑off adjustment to the cumulative balance of a surface water SDL resource unit.
(2) For each relevant water accounting period for the surface water SDL resource unit, sum the maximum quantity of water permitted to be taken by each form of take for consumptive use from the surface water SDL resource unit (annual permitted take) in accordance with section 6.08G.
(3) For the same relevant water accounting period, sum the quantity of water actually taken by each form of take for consumptive use from the surface water SDL resource unit (annual actual take) in accordance with section 6.08G.
(4) For the purposes of calculating the one‑off adjustment to the cumulative balance of a surface water SDL unit, a relevant water accounting period, for the surface water SDL resource unit, means a water accounting period that begins on or after 1 July 2019, other than the water accounting period in which the register of take for the surface water SDL resource unit commences or any later water accounting period.
(1) For each relevant water accounting period, if the annual actual take is greater than the annual permitted take, the difference is a debit.
(2) For each relevant water accounting period, if the annual actual take is less than the annual permitted take, the difference is a credit.
(3) For each relevant water accounting period, if there is no difference between the annual actual take and the annual permitted take, the difference is zero.
(4) As a result of the calculations made under subsections (1) to (3), determine the one‑off adjustment to the cumulative balance by summing the total differences between annual permitted take and annual actual take for each relevant water accounting period for the surface water SDL resource unit.
(5) If, in a relevant water accounting period, the circumstances mentioned in the example in paragraph 6.12(4)(b) apply, the one‑off adjustment for the surface water SDL resource unit is to be adjusted by including the amount attributable to those circumstances as a credit, and subsection 6.11(5) does not apply to the relevant water accounting period.
(6) The one‑off adjustment for the surface water SDL resource unit is to be adjusted to account for any disposal or acquisition of held environmental water for each relevant water accounting period.
(8) For the water accounting period in which the one‑off adjustment is recorded, the cumulative balance determined under subsection 6.11(4) is to include the effect of the one‑off adjustment.
(1) Subject to this section, the annual permitted take and the annual actual take are to be worked out using the method set out in the water resource plan for the surface water SDL resource unit for the purposes of sections 10.10 and 10.15.
Note 1: Section 10.10 requires a water resource plan to set out a method for determining the maximum quantity of water permitted to be taken by each form of take for consumptive use from the surface water SDL resource unit in each water accounting period.
Note 2: Section 10.15 requires a water resource plan to set out how the quantity of water actually taken for consumptive use by each form of take from each SDL resource unit will be determined after the end of a water accounting period using the best information available at the time.
(2) If the annual permitted take or the annual actual take cannot be worked out in accordance with subsection (1) because the data is not available for a form of take, the annual permitted take and the annual actual take are to be:
(b) worked out in accordance with an alternative method determined by the Authority in consultation with the relevant Basin State before whichever of the following applies:
(i) if the water resource plan for the surface water SDL resource unit is accredited as at the commencement of this section—on or before the first 30 June after that commencement;
(ii) if the water resource plan for the surface water SDL resource unit is not accredited as at the commencement of this section—on or before 30 June of the water accounting period in which the register of take commences.
(1) The method for determining compliance with the long‑term annual diversion limit for a surface water SDL resource unit in a water accounting period is to follow the steps set out in this Division.
(2) The method applies to each water accounting period after 30 June 2019 following the commencement of a water resource plan relating to the SDL resource unit.
(1) For a water accounting period, sum the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit, determined in accordance with the method for section 10.10 (annual permitted take).
Note: Section 10.10 requires a water resource plan to set out a method for determining the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit in each water accounting period.
(2) For the same water accounting period, sum the quantity of water actually taken by each form of take for consumptive use from the SDL resource unit (annual actual take).
(1) If the annual actual take is greater than the annual permitted take, the difference must be recorded on the register of take for the SDL resource unit as a debit.
(2) If the annual actual take is less than the annual permitted take, the difference must be recorded on the register of take as a credit.
(3) If there is no difference between the annual actual take and the annual permitted take, a zero must be recorded on the register of take in both the debit column and the credit column.
(a) determine the new cumulative balance of the difference between annual permitted take and annual actual take for the SDL resource unit; and
(5) If, in the previous water accounting period, the circumstances mentioned in the example in paragraph 6.12(4)(b) applied, the cumulative balance for the SDL resource unit is to be adjusted by crediting to that balance the amount attributable to those circumstances.
(1) There is non‑compliance with a long‑term annual diversion limit for a surface water SDL resource unit in a water accounting period if:
(a) the cumulative balance for the SDL resource unit, adjusted to account for any disposal or acquisition of held environmental water, is a debit amount equal to or greater than 20% of the long‑term annual diversion limit for the SDL resource unit; and
(a) it has provided a report to the Authority and to the Inspector‑General setting out the reasons for the excess, with evidence for the claim; and
Note 1: If the Inspector‑General is not satisfied that there is a reasonable excuse, there will be non‑compliance on the part of the Basin State requiring an action plan under subsection 71(1A) of the Act.
(b) circumstances beyond the Basin State’s control (for example where, for reasons beyond the Basin State’s control, the Commonwealth has not achieved the water recovery target that it has set for itself in relation to the SDL resource unit).
(5) A Basin State that relies on a claim it has made in accordance with subsection (3) must provide the Authority and the Inspector‑General, in writing, with a proposed set of actions (an action plan) that the State will take to reduce the cumulative balance of the register to zero or less.
Note 1: The Basin State will not need to take steps to reduce the cumulative balance to the extent it will be adjusted under subsection 6.11(5).
Note 2: The Inspector‑General may conduct, or appoint or establish a person or body to conduct, an audit in relation to compliance using the Inspector‑General’s powers under the Act. The Inspector‑General must publish a copy of a report of the audit on the Inspector‑General’s website or the Department’s website. The findings of such an audit may also lead to further action being taken by the Inspector‑General to ensure compliance with sections 34, 35, 58 and 59 of the Act.
(1) The method for determining compliance with the long‑term annual diversion limit for a groundwater SDL resource unit in a water accounting period is to follow the steps set out in this Division.
(2) The method applies to each water accounting period after 30 June 2019 following the commencement of a water resource plan relating to the SDL resource unit.
(1) For a water accounting period, sum the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit, determined in accordance with the method for section 10.10 (annual permitted take).
Note: Section 10.10 requires a water resource plan to set out a method for determining the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit in each water accounting period.
(2) For the same water accounting period, sum the quantity of water actually taken by each form of take for consumptive use from the SDL resource unit (annual actual take).
(1) There is non‑compliance with a long‑term annual diversion limit for the groundwater SDL resource unit in a water accounting period ending on or before 30 June 2028, if:
(a) the sum of annual actual take in the water accounting periods since 1 July 2019 is greater than the sum of annual permitted take for those water accounting periods plus 20% of the long‑term annual diversion limit for the SDL resource unit, after adjusting, for any previous water accounting period in which the circumstances mentioned in the example in paragraph (4)(b) applied, by the amount attributable to those circumstances; and
Note: The effect of the subsection above is the same as the effect of section 6.12 which applies in relation to surface water SDL resource units.
(2) There is non‑compliance with a long‑term annual diversion limit for the groundwater SDL resource unit in a water accounting period ending after 30 June 2028, if:
(a) the average annual actual take over the 10 year period ending with that water accounting period is greater than the average annual permitted take over the 10 year period, after adjusting, for any previous water accounting period in which the circumstances mentioned in the example in paragraph (4)(b) applied, by the amount attributable to those circumstances; and
(a) it has provided a report to the Authority and to the Inspector‑General setting out the reasons for the excess, with evidence for the claim; and
Note 1: If the Inspector‑General is not satisfied that there is a reasonable excuse, there will be non‑compliance on the part of the Basin State requiring an action plan under subsection 71(1A) of the Act.
(b) circumstances beyond the Basin State’s control (for example where, for reasons beyond the Basin State’s control, the Commonwealth has not achieved the water recovery target that it has set for itself in relation to the SDL resource unit).
(5) A Basin State that relies on a claim it has made in accordance with subsection (3) must provide the Authority and the Inspector‑General, in writing, with a proposed set of actions (an action plan) that the State will take to reach the point where there is no excess under whichever of paragraphs (1)(a) and (2)(a) is then relevant.
Note 1: The Basin State will not need to take steps to the extent there will be an adjustment under paragraph (1)(a) or (2)(a).
Note 2: The Inspector‑General may conduct, or appoint or establish a person or body to conduct, an audit in relation to compliance using the Inspector‑General’s powers under the Act. The Inspector‑General must publish a copy of a report of the audit on the Inspector‑General’s website or the Department’s website. The findings of such an audit may also lead to further action being taken by the Inspector‑General to ensure compliance with sections 34, 35, 58 and 59 of the Act.
6.09 Method for determining compliance with long‑term annual diversion limit—surface water
(1) The method for determining compliance with the long‑term annual diversion limit for a surface water SDL resource unit in a water accounting period is to follow the steps set out in this Division.
(2) The method applies to each water accounting period after 30 June 2019 following the commencement of a water resource plan relating to the SDL resource unit.
6.10 Step 1—Calculation of annual permitted take and annual actual take
(1) For a water accounting period, sum the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit, determined in accordance with the method for section 10.10 (annual permitted take).
Note: Section 10.10 requires a water resource plan to set out a method for determining the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit in each water accounting period.
(2) For the same water accounting period, sum the quantity of water actually taken by each form of take for consumptive use from the SDL resource unit (annual actual take).
6.11 Step 2—Record difference between annual actual take and annual permitted take
(1) If the annual actual take is greater than the annual permitted take, the difference must be recorded on the register of take for the SDL resource unit as a debit.
(2) If the annual actual take is less than the annual permitted take, the difference must be recorded on the register of take as a credit.
(3) If there is no difference between the annual actual take and the annual permitted take, a zero must be recorded on the register of take in both the debit column and the credit column.
(a) determine the new cumulative balance of the difference between annual permitted take and annual actual take for the SDL resource unit; and
(5) If, in the previous water accounting period, the circumstances mentioned in the example in paragraph 6.12(4)(b) applied, the cumulative balance for the SDL resource unit is to be adjusted by crediting to that balance the amount attributable to those circumstances.
6.12 Step 3—Determine whether there is non‑compliance
(1) There is non‑compliance with a long‑term annual diversion limit for a surface water SDL resource unit in a water accounting period if:
(a) the cumulative balance for the SDL resource unit, adjusted to account for any disposal or acquisition of held environmental water, is a debit amount equal to or greater than 20% of the long‑term annual diversion limit for the SDL resource unit; and
(a) it has provided a report to the Authority and to the Inspector‑General setting out the reasons for the excess, with evidence for the claim; and
Note 1: If the Inspector‑General is not satisfied that there is a reasonable excuse, there will be non‑compliance on the part of the Basin State requiring an action plan under subsection 71(1A) of the Act.
(b) circumstances beyond the Basin State’s control (for example where, for reasons beyond the Basin State’s control, the Commonwealth has not achieved the water recovery target that it has set for itself in relation to the SDL resource unit).
(5) A Basin State that relies on a claim it has made in accordance with subsection (3) must provide the Authority and the Inspector‑General, in writing, with a proposed set of actions (an action plan) that the State will take to reduce the cumulative balance of the register to zero or less.
Note 1: The Basin State will not need to take steps to reduce the cumulative balance to the extent it will be adjusted under subsection 6.11(5).
Note 2: The Inspector‑General may conduct, or appoint or establish a person or body to conduct, an audit in relation to compliance using the Inspector‑General’s powers under the Act. The Inspector‑General must publish a copy of a report of the audit on the Inspector‑General’s website or the Department’s website. The findings of such an audit may also lead to further action being taken by the Inspector‑General to ensure compliance with sections 34, 35, 58 and 59 of the Act.
Division 3 Method for determining compliance—groundwater
(1) The Authority must establish and maintain a register of take for each SDL resource unit in accordance with this Part.
(2) The purpose of the register of take is to assist with determining, for each water accounting period, whether there has been compliance with the long‑term annual diversion limit for an SDL resource unit and the extent of any failure to comply with that limit.
Note: See section 4 of the Act for the meaning of long‑term annual diversion limit. Under the Basin Plan, the long‑term annual diversion limit is the same as the long‑term average sustainable diversion limit because the temporary diversion provision for each SDL resource unit is zero: see section 6.07.
(3A) For each groundwater SDL resource unit, the register of take must include a record of amounts for determining compliance, as set out in Division 3.
(4) The register may also include any other matters the Authority considers relevant to determining whether there has been compliance with the long‑term annual diversion limit.
(5) The register of take commences in the first water accounting period after 30 June 2019 following the commencement of a water resource plan.
(6) When the register of take commences for a surface water SDL resource unit, it must record a cumulative balance of zero.
(2) The Inspector‑General may issue and publish guidelines under subsection 215V(1) in relation to the action plans, and the Basin States must have regard to the guidelines in preparing action plans.
Note: The Inspector‑General must consult the Basin States, and have regard to any submissions made by the Basin States, in preparing guidelines under section 215V: see section 215VB.
After the end of a water accounting period, a Basin State must, at the same time as it provides the Authority with a report under section 71 in relation to the period, provide the Authority and the Inspector‑General with a report that includes details of progress during the period in taking the proposed set of actions specified in an action plan provided by the Basin State as required by subsection 6.12(5) or 6.12C(5).
(2) The Inspector‑General may issue and publish guidelines under subsection 215V(1) in relation to the reports, and the Basin States must have regard to the guidelines in preparing the reports.
Note: The Inspector‑General must consult the Basin States, and have regard to any submissions made by the Basin States, in preparing guidelines under section 215V: see section 215VB.
(1) The Authority must make a one‑off adjustment, in accordance with this Division, to the cumulative balance for each surface water SDL resource unit, unless the register of take for the surface water SDL resource unit had already commenced as at 1 July 2019.
(2) If the register of take for a surface water SDL resource unit for which the Authority must make a one‑off adjustment has already commenced as at the commencement of this section, the Authority must make a one‑off adjustment in relation to the surface water SDL resource unit as soon as practicable after the beginning of the first water accounting period after that commencement.
(3) If the register of take for a surface water SDL resource unit for which the Authority must make a one‑off adjustment has not already commenced as at the commencement of this section, the Authority must make a one‑off adjustment in relation to the surface water SDL resource unit as soon as practicable after the end of the water accounting period in which the register of take commences.
(1) This section and sections 6.08F and 6.08G set out how to calculate the one‑off adjustment to the cumulative balance of a surface water SDL resource unit.
(2) For each relevant water accounting period for the surface water SDL resource unit, sum the maximum quantity of water permitted to be taken by each form of take for consumptive use from the surface water SDL resource unit (annual permitted take) in accordance with section 6.08G.
(3) For the same relevant water accounting period, sum the quantity of water actually taken by each form of take for consumptive use from the surface water SDL resource unit (annual actual take) in accordance with section 6.08G.
(4) For the purposes of calculating the one‑off adjustment to the cumulative balance of a surface water SDL unit, a relevant water accounting period, for the surface water SDL resource unit, means a water accounting period that begins on or after 1 July 2019, other than the water accounting period in which the register of take for the surface water SDL resource unit commences or any later water accounting period.
(1) For each relevant water accounting period, if the annual actual take is greater than the annual permitted take, the difference is a debit.
(2) For each relevant water accounting period, if the annual actual take is less than the annual permitted take, the difference is a credit.
(3) For each relevant water accounting period, if there is no difference between the annual actual take and the annual permitted take, the difference is zero.
(4) As a result of the calculations made under subsections (1) to (3), determine the one‑off adjustment to the cumulative balance by summing the total differences between annual permitted take and annual actual take for each relevant water accounting period for the surface water SDL resource unit.
(5) If, in a relevant water accounting period, the circumstances mentioned in the example in paragraph 6.12(4)(b) apply, the one‑off adjustment for the surface water SDL resource unit is to be adjusted by including the amount attributable to those circumstances as a credit, and subsection 6.11(5) does not apply to the relevant water accounting period.
(6) The one‑off adjustment for the surface water SDL resource unit is to be adjusted to account for any disposal or acquisition of held environmental water for each relevant water accounting period.
(8) For the water accounting period in which the one‑off adjustment is recorded, the cumulative balance determined under subsection 6.11(4) is to include the effect of the one‑off adjustment.
(1) Subject to this section, the annual permitted take and the annual actual take are to be worked out using the method set out in the water resource plan for the surface water SDL resource unit for the purposes of sections 10.10 and 10.15.
Note 1: Section 10.10 requires a water resource plan to set out a method for determining the maximum quantity of water permitted to be taken by each form of take for consumptive use from the surface water SDL resource unit in each water accounting period.
Note 2: Section 10.15 requires a water resource plan to set out how the quantity of water actually taken for consumptive use by each form of take from each SDL resource unit will be determined after the end of a water accounting period using the best information available at the time.
(2) If the annual permitted take or the annual actual take cannot be worked out in accordance with subsection (1) because the data is not available for a form of take, the annual permitted take and the annual actual take are to be:
(b) worked out in accordance with an alternative method determined by the Authority in consultation with the relevant Basin State before whichever of the following applies:
(i) if the water resource plan for the surface water SDL resource unit is accredited as at the commencement of this section—on or before the first 30 June after that commencement;
(ii) if the water resource plan for the surface water SDL resource unit is not accredited as at the commencement of this section—on or before 30 June of the water accounting period in which the register of take commences.
(1) The method for determining compliance with the long‑term annual diversion limit for a surface water SDL resource unit in a water accounting period is to follow the steps set out in this Division.
(2) The method applies to each water accounting period after 30 June 2019 following the commencement of a water resource plan relating to the SDL resource unit.
(1) For a water accounting period, sum the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit, determined in accordance with the method for section 10.10 (annual permitted take).
Note: Section 10.10 requires a water resource plan to set out a method for determining the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit in each water accounting period.
(2) For the same water accounting period, sum the quantity of water actually taken by each form of take for consumptive use from the SDL resource unit (annual actual take).
(1) If the annual actual take is greater than the annual permitted take, the difference must be recorded on the register of take for the SDL resource unit as a debit.
(2) If the annual actual take is less than the annual permitted take, the difference must be recorded on the register of take as a credit.
(3) If there is no difference between the annual actual take and the annual permitted take, a zero must be recorded on the register of take in both the debit column and the credit column.
(a) determine the new cumulative balance of the difference between annual permitted take and annual actual take for the SDL resource unit; and
(5) If, in the previous water accounting period, the circumstances mentioned in the example in paragraph 6.12(4)(b) applied, the cumulative balance for the SDL resource unit is to be adjusted by crediting to that balance the amount attributable to those circumstances.
(1) There is non‑compliance with a long‑term annual diversion limit for a surface water SDL resource unit in a water accounting period if:
(a) the cumulative balance for the SDL resource unit, adjusted to account for any disposal or acquisition of held environmental water, is a debit amount equal to or greater than 20% of the long‑term annual diversion limit for the SDL resource unit; and
(a) it has provided a report to the Authority and to the Inspector‑General setting out the reasons for the excess, with evidence for the claim; and
Note 1: If the Inspector‑General is not satisfied that there is a reasonable excuse, there will be non‑compliance on the part of the Basin State requiring an action plan under subsection 71(1A) of the Act.
(b) circumstances beyond the Basin State’s control (for example where, for reasons beyond the Basin State’s control, the Commonwealth has not achieved the water recovery target that it has set for itself in relation to the SDL resource unit).
(5) A Basin State that relies on a claim it has made in accordance with subsection (3) must provide the Authority and the Inspector‑General, in writing, with a proposed set of actions (an action plan) that the State will take to reduce the cumulative balance of the register to zero or less.
Note 1: The Basin State will not need to take steps to reduce the cumulative balance to the extent it will be adjusted under subsection 6.11(5).
Note 2: The Inspector‑General may conduct, or appoint or establish a person or body to conduct, an audit in relation to compliance using the Inspector‑General’s powers under the Act. The Inspector‑General must publish a copy of a report of the audit on the Inspector‑General’s website or the Department’s website. The findings of such an audit may also lead to further action being taken by the Inspector‑General to ensure compliance with sections 34, 35, 58 and 59 of the Act.
(1) The method for determining compliance with the long‑term annual diversion limit for a groundwater SDL resource unit in a water accounting period is to follow the steps set out in this Division.
(2) The method applies to each water accounting period after 30 June 2019 following the commencement of a water resource plan relating to the SDL resource unit.
(1) For a water accounting period, sum the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit, determined in accordance with the method for section 10.10 (annual permitted take).
Note: Section 10.10 requires a water resource plan to set out a method for determining the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit in each water accounting period.
(2) For the same water accounting period, sum the quantity of water actually taken by each form of take for consumptive use from the SDL resource unit (annual actual take).
(1) There is non‑compliance with a long‑term annual diversion limit for the groundwater SDL resource unit in a water accounting period ending on or before 30 June 2028, if:
(a) the sum of annual actual take in the water accounting periods since 1 July 2019 is greater than the sum of annual permitted take for those water accounting periods plus 20% of the long‑term annual diversion limit for the SDL resource unit, after adjusting, for any previous water accounting period in which the circumstances mentioned in the example in paragraph (4)(b) applied, by the amount attributable to those circumstances; and
Note: The effect of the subsection above is the same as the effect of section 6.12 which applies in relation to surface water SDL resource units.
(2) There is non‑compliance with a long‑term annual diversion limit for the groundwater SDL resource unit in a water accounting period ending after 30 June 2028, if:
(a) the average annual actual take over the 10 year period ending with that water accounting period is greater than the average annual permitted take over the 10 year period, after adjusting, for any previous water accounting period in which the circumstances mentioned in the example in paragraph (4)(b) applied, by the amount attributable to those circumstances; and
(a) it has provided a report to the Authority and to the Inspector‑General setting out the reasons for the excess, with evidence for the claim; and
Note 1: If the Inspector‑General is not satisfied that there is a reasonable excuse, there will be non‑compliance on the part of the Basin State requiring an action plan under subsection 71(1A) of the Act.
(b) circumstances beyond the Basin State’s control (for example where, for reasons beyond the Basin State’s control, the Commonwealth has not achieved the water recovery target that it has set for itself in relation to the SDL resource unit).
(5) A Basin State that relies on a claim it has made in accordance with subsection (3) must provide the Authority and the Inspector‑General, in writing, with a proposed set of actions (an action plan) that the State will take to reach the point where there is no excess under whichever of paragraphs (1)(a) and (2)(a) is then relevant.
Note 1: The Basin State will not need to take steps to the extent there will be an adjustment under paragraph (1)(a) or (2)(a).
Note 2: The Inspector‑General may conduct, or appoint or establish a person or body to conduct, an audit in relation to compliance using the Inspector‑General’s powers under the Act. The Inspector‑General must publish a copy of a report of the audit on the Inspector‑General’s website or the Department’s website. The findings of such an audit may also lead to further action being taken by the Inspector‑General to ensure compliance with sections 34, 35, 58 and 59 of the Act.
6.12A Method for determining compliance 6.12A Method for determining compliance with long‑term annual diversion limit—groundwater
(1) The method for determining compliance with the long‑term annual diversion limit for a groundwater SDL resource unit in a water accounting period is to follow the steps set out in this Division.
(2) The method applies to each water accounting period after 30 June 2019 following the commencement of a water resource plan relating to the SDL resource unit.
6.12B Step 1—Calculation of annual permi 6.12B Step 1—Calculation of annual permitted take and annual actual take
(1) For a water accounting period, sum the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit, determined in accordance with the method for section 10.10 (annual permitted take).
Note: Section 10.10 requires a water resource plan to set out a method for determining the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit in each water accounting period.
(2) For the same water accounting period, sum the quantity of water actually taken by each form of take for consumptive use from the SDL resource unit (annual actual take).
6.12C Step 2—Determine whether there is 6.12C Step 2—Determine whether there is non‑compliance
(1) There is non‑compliance with a long‑term annual diversion limit for the groundwater SDL resource unit in a water accounting period ending on or before 30 June 2028, if:
(a) the sum of annual actual take in the water accounting periods since 1 July 2019 is greater than the sum of annual permitted take for those water accounting periods plus 20% of the long‑term annual diversion limit for the SDL resource unit, after adjusting, for any previous water accounting period in which the circumstances mentioned in the example in paragraph (4)(b) applied, by the amount attributable to those circumstances; and
Note: The effect of the subsection above is the same as the effect of section 6.12 which applies in relation to surface water SDL resource units.
(2) There is non‑compliance with a long‑term annual diversion limit for the groundwater SDL resource unit in a water accounting period ending after 30 June 2028, if:
(a) the average annual actual take over the 10 year period ending with that water accounting period is greater than the average annual permitted take over the 10 year period, after adjusting, for any previous water accounting period in which the circumstances mentioned in the example in paragraph (4)(b) applied, by the amount attributable to those circumstances; and
(a) it has provided a report to the Authority and to the Inspector‑General setting out the reasons for the excess, with evidence for the claim; and
Note 1: If the Inspector‑General is not satisfied that there is a reasonable excuse, there will be non‑compliance on the part of the Basin State requiring an action plan under subsection 71(1A) of the Act.
(b) circumstances beyond the Basin State’s control (for example where, for reasons beyond the Basin State’s control, the Commonwealth has not achieved the water recovery target that it has set for itself in relation to the SDL resource unit).
(5) A Basin State that relies on a claim it has made in accordance with subsection (3) must provide the Authority and the Inspector‑General, in writing, with a proposed set of actions (an action plan) that the State will take to reach the point where there is no excess under whichever of paragraphs (1)(a) and (2)(a) is then relevant.
Note 1: The Basin State will not need to take steps to the extent there will be an adjustment under paragraph (1)(a) or (2)(a).
Note 2: The Inspector‑General may conduct, or appoint or establish a person or body to conduct, an audit in relation to compliance using the Inspector‑General’s powers under the Act. The Inspector‑General must publish a copy of a report of the audit on the Inspector‑General’s website or the Department’s website. The findings of such an audit may also lead to further action being taken by the Inspector‑General to ensure compliance with sections 34, 35, 58 and 59 of the Act.
Part 5 Allocation of risks in relation to reductions in water availability
Part 5—Allocation of risks in relation to reductions in water availability
6.13 Risks arising from reduction in diversion limits
Note: If the SDL for an SDL resource unit is reduced, section 75 of the Act requires the Basin Plan to specify the reduction, and the proportions of the reduction attributable to various categories.
Note: Section 78 of the Act required the original Basin Plan to specify the limits that applied, immediately before the SDLs imposed by the Basin Plan took effect, to the long‑term average amount of water that could be taken for each SDL resource unit under the applicable transitional or interim water resource plans. This is done in subsection (2) below, and the specified limit is used as the baseline from which the reductions are measured.
(1) This section sets out the matters required by Subdivision A of Division 4 of Part 2 of the Act.
(2) For subsection 78(2) of the Act, the long‑term average limit on the quantity of water that can be taken from an SDL resource unit that the Authority is satisfied will be applicable immediately before a transitional water resource plan, or interim water resource plan, ceases to have effect is the BDL for the SDL resource unit.
Note: See section 1.07 for the meaning of BDL.
(2A) For subsection 75(1) of the Act, the reduction is any reduction in the SDL for a SDL resource unit, compared with the limit specified for subsection (2), that results from the application of the SDL set by the Basin Plan from time to time.
(3) For paragraph 75(1)(a) of the Act, the amount of the reduction is the amount by which the BDL for the SDL resource unit exceeds the long‑term annual diversion limit for the SDL resource unit.
(4) For paragraph 75(1)(b) of the Act, the Commonwealth Government policy component of the reduction is 100% of the reduction.
(5) For paragraph 75(1)(c) of the Act, the new knowledge component of the reduction is zero.
(6) For paragraph 75(1)(d) of the Act, the Commonwealth’s share of the reduction is 100% of the reduction.
6.14 Risks arising from other changes to the Basin Plan
Nothing in the Basin Plan requires a change in the reliability of water allocations of a kind that would trigger Subdivision B of Division 4 of Part 2 of the Act.
6.13 Risks arising from reduction in diversion limits
6.13 Risks arising from reduction in diversion limits
Note: If the SDL for an SDL resource unit is reduced, section 75 of the Act requires the Basin Plan to specify the reduction, and the proportions of the reduction attributable to various categories.
Note: Section 78 of the Act required the original Basin Plan to specify the limits that applied, immediately before the SDLs imposed by the Basin Plan took effect, to the long‑term average amount of water that could be taken for each SDL resource unit under the applicable transitional or interim water resource plans. This is done in subsection (2) below, and the specified limit is used as the baseline from which the reductions are measured.
(1) This section sets out the matters required by Subdivision A of Division 4 of Part 2 of the Act.
(2) For subsection 78(2) of the Act, the long‑term average limit on the quantity of water that can be taken from an SDL resource unit that the Authority is satisfied will be applicable immediately before a transitional water resource plan, or interim water resource plan, ceases to have effect is the BDL for the SDL resource unit.
Note: See section 1.07 for the meaning of BDL.
(2A) For subsection 75(1) of the Act, the reduction is any reduction in the SDL for a SDL resource unit, compared with the limit specified for subsection (2), that results from the application of the SDL set by the Basin Plan from time to time.
(3) For paragraph 75(1)(a) of the Act, the amount of the reduction is the amount by which the BDL for the SDL resource unit exceeds the long‑term annual diversion limit for the SDL resource unit.
(4) For paragraph 75(1)(b) of the Act, the Commonwealth Government policy component of the reduction is 100% of the reduction.
(5) For paragraph 75(1)(c) of the Act, the new knowledge component of the reduction is zero.
(6) For paragraph 75(1)(d) of the Act, the Commonwealth’s share of the reduction is 100% of the reduction.
6.14 Risks arising from other changes to the Basin Plan
6.14 Risks arising from other changes to the Basin Plan
Nothing in the Basin Plan requires a change in the reliability of water allocations of a kind that would trigger Subdivision B of Division 4 of Part 2 of the Act.
Note: The SDLs will constitute limits from 1 July 2019. The surface water SDLs set out in Schedule 2 on the commencement of the Basin Plan in 2012 were based on:
Note: infrastructure and other measures that were in operation or expected to be in operation by 2019, including as a result of investments that the Commonwealth is committed to funding, that would recover at least 600 GL of water per year (‘anticipated measures’ in this Chapter); and
Note: the level of scientific understanding of the Basin hydrology and ecology at that time.
Note: This Chapter provides for the Authority to propose adjustments to the SDLs under section 23A of the Act. These will be made by amendment of the Basin Plan under section 23B of the Act.
Note: Under Part 2, the Authority can propose adjustments to surface water SDLs to take account of:
(a) supply measures and efficiency measures that are notified by a process set out in section 7.12 and will come into operation by 31 December 2026; and
(b) additional HEW entitlements that are acquired from time to time and specified by the Minister under section 7.08B.
Note: In this Chapter a ‘supply measure’ is a measure that increases the quantity of water available before take for consumptive use. The measure may do this either by making water available for environmental management without reducing consumptive take (e.g. through reducing evaporation losses at suitable storages) or by allowing environmental managers to achieve equivalent outcomes more efficiently, thus reducing the amount of water needed for the environment. Supply measures allow equivalent environmental outcomes to be achieved without needing to reduce consumptive take as much as originally anticipated in the Basin Plan.
Note: The additional water provided by supply measures will be made available for consumptive use (as it will no longer need to be recovered from such use). An adjustment made because of supply measures will increase the SDL (decrease the reduction amount).
Note: An ‘efficiency measure’ is one that makes savings in the amount of water required for consumptive purposes. Examples include investment in more efficient irrigation infrastructure. The water saved by efficiency measures will be allocated to environmental use but, due to the nature of efficiency measures, this will achieve neutral or improved social and economic impacts. An adjustment made because of efficiency measures will decrease the SDL (increase the reduction amount).
Note: An ‘additional HEW entitlement’ is a water access right, water delivery right or irrigation right that was previously used for consumptive purposes, but will now be used for environmental purposes. An adjustment made because of an additional HEW entitlement will decrease the SDL (increase the reduction amount).
7.01 Simplified outline
(2) This Chapter provides a mechanism for the Authority to propose adjustments to the SDLs under section 23A of the Act on the basis of:
(a) new measures that will increase the supply of water or the efficiency of water use (Part 2); or
(b) new acquisitions of held environmental water that was previously used for consumptive purposes (Part 2); or
(c) new or improved information relating to groundwater SDL resource units (Part 4).
7.02 Interpretation
(1) In this Chapter:
additional efficiency entitlement, for a surface water SDL resource unit, is a water access entitlement that:
(c) is acquired before 1 January 2027 by the Commonwealth or another person in conjunction with, or to take advantage of the water savings achieved by, an additional efficiency measure.
additional efficiency measure means an efficiency measure that has been notified under subsection 7.12(2).
additional HEW contribution has the meaning given by Division 4 of Part 2 (in particular section 7.16A).
additional HEW entitlement means a water access right, a water delivery right or an irrigation right, or part of such a right, specified by the Minister under section 7.08B to be an additional HEW entitlement.
additional supply measure means a supply measure that has been notified under subsection 7.12(2A).
affected unit means a surface water SDL resource unit that is an affected unit for a notified measure or additional efficiency measure under paragraph 7.12(4)(b).
anticipated measure means a measure that is part of the benchmark conditions of development.
Note: This includes various measures expected to be in operation by 2019, including as a result of investments that the Commonwealth is committed to funding, that are expected to recover the equivalent of at least 600 GL of water per year.
benchmark conditions of development means the conditions of development that were assumed in the benchmark model described in Schedule 6 when the model was used to set the unadjusted SDLs for the Basin Plan.
Note 1: These conditions include the infrastructure, rules and practices that were assumed in the benchmark model, including certain measures that were not yet in effect but were expected to be in place by 2019, including as a result of investments that the Commonwealth is committed to funding and are expected to recover the equivalent of at least 600 GL of water per year.
Note 2: The Authority will, in consultation with the Basin Officials Committee, prepare and publish a report detailing the benchmark conditions of development as soon as practicable after the Basin Plan is made.
benchmark environmental outcomes has the meaning given in subsection 7.15(2).
constraint measure means a measure that removes or eases a physical or other constraint on the capacity to deliver environmental water to the environmental assets of the Murray‑Darling Basin.
Note: raising of bridges to allow higher regulated flows in watercourses and floodplains;
Note: acquisition of easements to allow inundation of private land in conjunction with making regulated releases of environmental water.
efficiency contribution has the meaning given by Division 4 of Part 2 (in particular section 7.16).
efficiency entitlement, for a surface water SDL resource unit, means a water access entitlement that:
(c) is acquired before 1 January 2027 by the Commonwealth or another person in conjunction with, or to take advantage of the water savings achieved by, a notified efficiency measure.
efficiency measure has the meaning given by section 7.04.
measure means a set of works or measures undertaken or funded by the Commonwealth or a Basin State, including but not limited to the following:
(a) changes to water infrastructure;
(b) changes to other infrastructure that affect the hydrology of the Basin;
(c) changes to legal requirements, including to Commonwealth or State laws, that affect the way water is used;
(d) changes in river management and river operational practices;
(e) changes in methods of delivering water.
notified measure means a measure that has been notified under subsection 7.12(1) or (1A), and notified efficiency measure and notified supply measure have corresponding meanings.
reference time has the meaning given by subsection 23A(5) of the Act.
supply contribution has the meaning given by Division 4 of Part 2 (in particular section 7.15).
supply measure has the meaning given by section 7.03.
varying HEW contribution has the meaning given by section 7.21.
(2) A reference in this Chapter and in Schedule 6A to a water access right, a water delivery right, an irrigation right or a water access entitlement includes a reference to a part of such a right or entitlement.
7.03 Meaning of supply measure
A supply measure is a measure that operates to increase the quantity of water available to be taken in a set of surface water SDL resource units compared with the quantity available under the benchmark conditions of development.
Note: re‑configuring suitable lakes or storage systems to reduce evaporation;
Note: reducing the quantity of water required to deliver water at a particular place, whether for purposes of consumptive use or for environmental use;
Note: changing the methods of environmental watering in such a way that equivalent environmental outcomes can be achieved with a smaller quantity of water than was required under the benchmark conditions of development.
7.04 Meaning of efficiency measure
An efficiency measure is a measure that operates to decrease the quantity of water required for one or more consumptive uses in a set of surface water SDL resource units, compared with the quantity required under the benchmark conditions of development.
Note: lining channels to reduce water losses within an irrigation network;
Note: replacement of less efficient irrigation methods with drip irrigation.
7.05 Consultation with Basin Officials Committee
(1) In determining the amounts of proposed adjustments in accordance with this Chapter, the Authority must seek and consider advice from the Basin Officials Committee.
(2) The Authority must seek the advice of the Basin Officials Committee at least 1 month before proposing adjustments in accordance with this Chapter.
7.06 Public consultation
Before finalising a determination of the amounts of proposed adjustments in accordance with this Chapter, the Authority must:
(a) publish a draft determination of the amounts of the proposed adjustments on its website, with an account of how they were arrived at and the reasons for decisions made in arriving at the draft determination; and
(b) invite the public to make submissions about the draft determination within a period of not less than 1 month.
7.07 Combined proposals
(1) The Authority may make proposals under Parts 2 and 4 at the same time.
(2) Where this is done, the Authority may, for the purpose of section 23B of the Act, treat the proposals as a single proposal and prepare a set of amendments that gives effect to the net effect of the proposals.
7.08 Constraints management strategy
(1) Within 12 months after the commencement of the Basin Plan, the Authority must prepare a constraints management strategy that:
(a) identifies and describes the physical, operational and management constraints that are affecting, or have the potential to affect, environmental water delivery; and
(b) assists all jurisdictions to participate in constraint measures in order to allow environmental water to be used to maximum effect and to maximise the benefits of any increase in held environmental water; and
(c) evaluates options, opportunities and risks to water users, communities and the environment, associated with addressing key constraints, including through constraint measures that are relevant to measures that might be notified under section 7.12; and
(d) assesses the impacts of modifications of constraints on environmental water delivery and third parties, as well as downstream impacts, and assesses options to address those impacts; and
(e) identifies mechanisms by which impacts on third parties can be addressed.
(2) The strategy, and any substantive amendments to the strategy, must be prepared in consultation with the Basin States and the public.
(4) The Authority must publish the strategy on its website.
(1) The object of this section is to assist the Commonwealth and Basin States to identify measures to relax constraints, and develop and implement them in a way that:
(a) maximises the benefits of the constraint measures to deliver environmental outcomes, including but not limited to enhanced environmental outcomes and outcomes identified by the Constraints Management Strategy; and
(b) provides, as far as practicable, a common approach across river systems and jurisdictions including, but not limited to, in relation to:
(i) reporting, transparency and public accountability; and
(ii) program implementation and governance including regulatory approvals; and
(iii) supporting the acceleration of constraint measures by 31 December 2026; and
(iv) managing impacts on third parties.
(2) The Authority must prepare a roadmap for the purpose of achieving the object of this section by 31 December 2024.
(3) The roadmap, and any substantive amendments to the roadmap, must be prepared in consultation with the Basin States, the Commonwealth and the public.
(4) The Authority must publish the roadmap on its website.
7.08B Minister may specify additional HEW entitlements
(1) The Minister may specify in a written instrument given to the Authority, in accordance with this section, that a water access right, a water delivery right, or an irrigation right, for a surface water SDL resource unit, or part of such a right, is an additional HEW entitlement.
Note: Under subsection 33(3) of the Acts Interpretation Act 1901, such a specification may be revoked, amended or varied in the same way.
(2) The right, or the part of the right, must:
(a) be sourced from the unit; and
(b) be held environmental water; and
(c) if specified after 31 December 2027—have become, or been contracted to become, held environmental water before that date; and
(d) not have become held environmental water as a result of notified efficiency measures or additional efficiency measures, except as provided in subsection (4).
Note: Water access rights, water delivery rights and irrigation rights are types of rights that fall within the definition of held environmental water (see subsection 4(1) of the Act).
(3) The Minister must be satisfied that the right or the part of the right:
(a) decreases the amount of water taken for consumptive use relative to the benchmark conditions of development; and
(b) increases the volume of the Basin water resources that is available for environmental use; and
(c) will contribute to enhancing environmental outcomes as mentioned in subsection 86AA(1) of the Act, including the outcomes set out in Schedule 5 to the Basin Plan.
(4) For paragraph (2)(d), the exception is that:
(a) the right, or the part of the right, is specified after 31 December 2026; and
(b) it was not included in the determination for paragraph 7.21(2)(a) (whether or not it was on the register mentioned in section 7.13 on 31 December 2026).
(5) If a right, or a part of a right, specified in reliance on subsection (4) was an efficiency entitlement or additional efficiency entitlement, it ceases to be an entitlement of that kind.
7.01 Simplified outline
7.01 Simplified outline
(2) This Chapter provides a mechanism for the Authority to propose adjustments to the SDLs under section 23A of the Act on the basis of:
(a) new measures that will increase the supply of water or the efficiency of water use (Part 2); or
(b) new acquisitions of held environmental water that was previously used for consumptive purposes (Part 2); or
(c) new or improved information relating to groundwater SDL resource units (Part 4).
7.02 Interpretation
7.02 Interpretation
(1) In this Chapter:
additional efficiency entitlement, for a surface water SDL resource unit, is a water access entitlement that:
(c) is acquired before 1 January 2027 by the Commonwealth or another person in conjunction with, or to take advantage of the water savings achieved by, an additional efficiency measure.
additional efficiency measure means an efficiency measure that has been notified under subsection 7.12(2).
additional HEW contribution has the meaning given by Division 4 of Part 2 (in particular section 7.16A).
additional HEW entitlement means a water access right, a water delivery right or an irrigation right, or part of such a right, specified by the Minister under section 7.08B to be an additional HEW entitlement.
additional supply measure means a supply measure that has been notified under subsection 7.12(2A).
affected unit means a surface water SDL resource unit that is an affected unit for a notified measure or additional efficiency measure under paragraph 7.12(4)(b).
anticipated measure means a measure that is part of the benchmark conditions of development.
Note: This includes various measures expected to be in operation by 2019, including as a result of investments that the Commonwealth is committed to funding, that are expected to recover the equivalent of at least 600 GL of water per year.
benchmark conditions of development means the conditions of development that were assumed in the benchmark model described in Schedule 6 when the model was used to set the unadjusted SDLs for the Basin Plan.
Note 1: These conditions include the infrastructure, rules and practices that were assumed in the benchmark model, including certain measures that were not yet in effect but were expected to be in place by 2019, including as a result of investments that the Commonwealth is committed to funding and are expected to recover the equivalent of at least 600 GL of water per year.
Note 2: The Authority will, in consultation with the Basin Officials Committee, prepare and publish a report detailing the benchmark conditions of development as soon as practicable after the Basin Plan is made.
benchmark environmental outcomes has the meaning given in subsection 7.15(2).
constraint measure means a measure that removes or eases a physical or other constraint on the capacity to deliver environmental water to the environmental assets of the Murray‑Darling Basin.
Note: raising of bridges to allow higher regulated flows in watercourses and floodplains;
Note: acquisition of easements to allow inundation of private land in conjunction with making regulated releases of environmental water.
efficiency contribution has the meaning given by Division 4 of Part 2 (in particular section 7.16).
efficiency entitlement, for a surface water SDL resource unit, means a water access entitlement that:
(c) is acquired before 1 January 2027 by the Commonwealth or another person in conjunction with, or to take advantage of the water savings achieved by, a notified efficiency measure.
efficiency measure has the meaning given by section 7.04.
measure means a set of works or measures undertaken or funded by the Commonwealth or a Basin State, including but not limited to the following:
(a) changes to water infrastructure;
(b) changes to other infrastructure that affect the hydrology of the Basin;
(c) changes to legal requirements, including to Commonwealth or State laws, that affect the way water is used;
(d) changes in river management and river operational practices;
(e) changes in methods of delivering water.
notified measure means a measure that has been notified under subsection 7.12(1) or (1A), and notified efficiency measure and notified supply measure have corresponding meanings.
reference time has the meaning given by subsection 23A(5) of the Act.
supply contribution has the meaning given by Division 4 of Part 2 (in particular section 7.15).
supply measure has the meaning given by section 7.03.
varying HEW contribution has the meaning given by section 7.21.
(2) A reference in this Chapter and in Schedule 6A to a water access right, a water delivery right, an irrigation right or a water access entitlement includes a reference to a part of such a right or entitlement.
7.03 Meaning of supply measure
7.03 Meaning of supply measure
A supply measure is a measure that operates to increase the quantity of water available to be taken in a set of surface water SDL resource units compared with the quantity available under the benchmark conditions of development.
Note: re‑configuring suitable lakes or storage systems to reduce evaporation;
Note: reducing the quantity of water required to deliver water at a particular place, whether for purposes of consumptive use or for environmental use;
Note: changing the methods of environmental watering in such a way that equivalent environmental outcomes can be achieved with a smaller quantity of water than was required under the benchmark conditions of development.
7.04 Meaning of efficiency measure
7.04 Meaning of efficiency measure
An efficiency measure is a measure that operates to decrease the quantity of water required for one or more consumptive uses in a set of surface water SDL resource units, compared with the quantity required under the benchmark conditions of development.
Note: lining channels to reduce water losses within an irrigation network;
Note: replacement of less efficient irrigation methods with drip irrigation.
7.05 Consultation with Basin Officials Committee
7.05 Consultation with Basin Officials Committee
(1) In determining the amounts of proposed adjustments in accordance with this Chapter, the Authority must seek and consider advice from the Basin Officials Committee.
(2) The Authority must seek the advice of the Basin Officials Committee at least 1 month before proposing adjustments in accordance with this Chapter.
7.06 Public consultation
7.06 Public consultation
Before finalising a determination of the amounts of proposed adjustments in accordance with this Chapter, the Authority must:
(a) publish a draft determination of the amounts of the proposed adjustments on its website, with an account of how they were arrived at and the reasons for decisions made in arriving at the draft determination; and
(b) invite the public to make submissions about the draft determination within a period of not less than 1 month.
7.07 Combined proposals
7.07 Combined proposals
(1) The Authority may make proposals under Parts 2 and 4 at the same time.
(2) Where this is done, the Authority may, for the purpose of section 23B of the Act, treat the proposals as a single proposal and prepare a set of amendments that gives effect to the net effect of the proposals.
7.08 Constraints management strategy
7.08 Constraints management strategy
(1) Within 12 months after the commencement of the Basin Plan, the Authority must prepare a constraints management strategy that:
(a) identifies and describes the physical, operational and management constraints that are affecting, or have the potential to affect, environmental water delivery; and
(b) assists all jurisdictions to participate in constraint measures in order to allow environmental water to be used to maximum effect and to maximise the benefits of any increase in held environmental water; and
(c) evaluates options, opportunities and risks to water users, communities and the environment, associated with addressing key constraints, including through constraint measures that are relevant to measures that might be notified under section 7.12; and
(d) assesses the impacts of modifications of constraints on environmental water delivery and third parties, as well as downstream impacts, and assesses options to address those impacts; and
(e) identifies mechanisms by which impacts on third parties can be addressed.
(2) The strategy, and any substantive amendments to the strategy, must be prepared in consultation with the Basin States and the public.
(4) The Authority must publish the strategy on its website.
(1) The object of this section is to assist the Commonwealth and Basin States to identify measures to relax constraints, and develop and implement them in a way that:
(a) maximises the benefits of the constraint measures to deliver environmental outcomes, including but not limited to enhanced environmental outcomes and outcomes identified by the Constraints Management Strategy; and
(b) provides, as far as practicable, a common approach across river systems and jurisdictions including, but not limited to, in relation to:
(i) reporting, transparency and public accountability; and
(ii) program implementation and governance including regulatory approvals; and
(iii) supporting the acceleration of constraint measures by 31 December 2026; and
(iv) managing impacts on third parties.
(2) The Authority must prepare a roadmap for the purpose of achieving the object of this section by 31 December 2024.
(3) The roadmap, and any substantive amendments to the roadmap, must be prepared in consultation with the Basin States, the Commonwealth and the public.
(4) The Authority must publish the roadmap on its website.
7.08B Minister may specify additional HE 7.08B Minister may specify additional HEW entitlements
7.08B Minister may specify additional HEW entitlements
(1) The Minister may specify in a written instrument given to the Authority, in accordance with this section, that a water access right, a water delivery right, or an irrigation right, for a surface water SDL resource unit, or part of such a right, is an additional HEW entitlement.
Note: Under subsection 33(3) of the Acts Interpretation Act 1901, such a specification may be revoked, amended or varied in the same way.
(2) The right, or the part of the right, must:
(a) be sourced from the unit; and
(b) be held environmental water; and
(c) if specified after 31 December 2027—have become, or been contracted to become, held environmental water before that date; and
(d) not have become held environmental water as a result of notified efficiency measures or additional efficiency measures, except as provided in subsection (4).
Note: Water access rights, water delivery rights and irrigation rights are types of rights that fall within the definition of held environmental water (see subsection 4(1) of the Act).
(3) The Minister must be satisfied that the right or the part of the right:
(a) decreases the amount of water taken for consumptive use relative to the benchmark conditions of development; and
(b) increases the volume of the Basin water resources that is available for environmental use; and
(c) will contribute to enhancing environmental outcomes as mentioned in subsection 86AA(1) of the Act, including the outcomes set out in Schedule 5 to the Basin Plan.
(4) For paragraph (2)(d), the exception is that:
(a) the right, or the part of the right, is specified after 31 December 2026; and
(b) it was not included in the determination for paragraph 7.21(2)(a) (whether or not it was on the register mentioned in section 7.13 on 31 December 2026).
(5) If a right, or a part of a right, specified in reliance on subsection (4) was an efficiency entitlement or additional efficiency entitlement, it ceases to be an entitlement of that kind.
Part 2 Adjustment of surface water SDLs
(a) for efficiency measures—environmental outcomes are increased while maintaining or improving social and economic outcomes; and
(b) for supply measures—equivalent environmental outcomes are achieved with a lower volume of held environmental water than would otherwise be required; and
Note: Some jurisdictions anticipate that such measures may be able to provide the equivalent of 650 GL per year of water, reducing the quantity of water access rights the Commonwealth will need to acquire to ‘bridge the gap’.
(c) where constraints on the capacity to deliver environmental water are removed or eased—available environmental water can be used to maximum effect; and
(d) enhanced economic, social and environmental outcomes compared with the benchmark environmental outcomes and benchmark conditions of development can be achieved for the Murray‑Darling Basin, including through more efficient water use, improved river operations, improved outcomes for the River Murray floodplain, River Murray river water quality, estuarine health, Murray Mouth opening, higher average lake levels and increased in‑stream flows and variability; and
(e) the easing or removal of constraints and the addition of 450 GL per year of environmental water above the 2750 GL benchmark conditions of development, under the Commonwealth’s program, allow the enhanced environmental outcomes as set out in Schedule 5 to be pursued as compared to the benchmark environmental outcomes.
Note 1: The Commonwealth program to ease or remove capacity constraints and deliver 450 GL of additional environmental water is to improve the environmental outcomes beyond those achievable under the 2750 GL benchmark by a further 450 GL and thus pursue the environmental outcomes set out in Schedule 5 that reflect the results of the 3200 GL per year modelling with relaxed constraints scenario reported in: MDBA (Murray‑Darling Basin Authority) 2012, Hydrologic modelling of the relaxation of operational constraints in the southern connected system: Methods and results, MDBA publication no: 76/12, Murray‑Darling Basin Authority, Canberra. http://download.mdba.gov.au/altered‑PBP/Hydrologic‑modelling‑relaxed‑constraints‑October‑2012.pdf
Note 2: The Commonwealth’s program referred to in paragraph (e) includes the program that is expected to spend $1.77 billion by 31 December 2027 under the Water for the Environment Special Account.
(1) If the Authority has received a notification of measures under subsection 7.12(1) or (1A), it must, as soon as practicable after 30 June 2017 and no later than 15 December 2017:
(a) for each affected unit, determine the amounts of proposed adjustments resulting from the notified measures in accordance with Division 4; and
(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
Note: Under section 23B of the Act, the Authority is then required to prepare appropriate amendments of the Basin Plan, for adoption by the Minister.
(1) If it appears to the Authority that a new determination of the appropriate adjustment amounts, made in accordance with Division 4, resulting from the effects, as at 31 December 2026, of the following:
would produce adjusted SDLs for one or more SDL resource units different from those that resulted from the determination made for the purpose of section 7.10, the Authority must, by that date:
(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
Note 1: Since the adjustments to the SDLs proposed under section 7.10 were made to the Basin Plan, there has been a further set of adjustments made by the Water Amendment (Restoring Our Rivers) Act 2023, as well as changes to Division 4.
Note 2: Under section 23B of the Act, the Authority is then required to prepare appropriate amendments of the Basin Plan, for adoption by the Minister.
Note 3: This section might apply if, for example, a notified measure has been withdrawn or an additional supply or efficiency measure has been notified, or an additional HEW entitlement has been registered.
(1) The Basin Officials Committee may, by 30 June 2016, notify the Authority of 1 or more supply measures or efficiency measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.10 or 7.11.
(1A) The Basin Officials Committee may, after 30 June 2016 but on or before 30 June 2017, notify the Authority of 1 or more supply measures or efficiency measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.10 or 7.11.
(2) The person (the Basin State or Commonwealth) funding or undertaking an efficiency measure may, after 30 June 2017 but on or before 30 June 2025, notify the Authority of 1 or more efficiency measures that, in the view of the person, should be taken into account in proposing adjustments under section 7.11.
(2A) The Basin Officials Committee may, on or before 30 June 2025, notify the Authority of 1 or more supply measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.11.
(6) A notification must be amended by 30 June 2026 to withdraw a measure if it appears that the measure will not enter into operation by 31 December 2026.
(6A) A notification may be amended to withdraw the measure under subsection (6) by the person who notified the measure or by the Commonwealth.
(c) for each kind of entitlement for a surface water SDL resource unit—the long‑term average quantity of water, in GL per year, that is available under the entitlements of that kind from time to time.
(2) Until an adjustment is proposed under section 7.11, the register must include, for each surface water SDL resource unit, estimates of the likely:
(4) Subparagraphs (1)(b)(i) and (ii) apply to a water access entitlement whether it became held environmental water before or after the relevant measure was notified.
This Division sets out the steps the Authority must take to determine the amounts of adjustments to SDLs that it will propose because of the notified measures, the additional efficiency measures, the additional supply measures and the additional HEW entitlements.
(1) Subject to subsection (2), the Authority must determine the amounts of adjustments under this Division to the SDL for an SDL resource unit on the basis that the SDL resource unit shared reduction amount for the unit is the amount calculated under subsection 6.05(4).
(2) If a Basin State has made a re‑allocation adjustment request for this section, the Authority must determine the amounts of adjustments under this Division to the SDL for an SDL resource unit applying the SDL resource unit shared reduction amount requested by the State for that unit.
re‑allocation adjustment request means a request made by a Basin State to the Authority to adjust the SDL resource unit shared reduction amounts for SDL resource units that are within a zone mentioned in subsection 6.05(2), being a request that:
(i) was made before 1 July 2016, for the purposes of section 7.23 as it stood before the repeal of that section by the Basin Plan Amendment Instrument 2017 (No. 1), and has not been withdrawn or replaced by a request referred to in subparagraph (ii); or
(ii) was made between 1 July 2016 and 30 June 2017, and expressed to be made in anticipation of the insertion of this section by the Basin Plan Amendment Instrument 2017 (No. 1); and
(ii) no SDL resource unit has an SDL that is larger than would result from replacing its shared reduction amount with zero.
Note 1: The same SDL resource unit shared reduction amounts were used for the purpose of calculating the initial adjustments proposed in 2017 and will be used in any reconciliation adjustments in 2026.
(1) Subject to this Division, the total supply contribution of the notified measures is the total increase in the SDLs for all the units affected by notified supply measures or additional supply measures that will ensure that, calculated in accordance with the applicable method on the basis of:
(d) there are no detrimental impacts on reliability of supply of water to the holders of water access rights that are not offset or negated.
Note: The determination is based on the effect that the supply measures will have when they come into operation, whether or not they have done so by the time the measures are notified under section 7.12. The additional supply measures were not included in this provision at the time adjustments were proposed under section 7.10.
(b) if the Authority, having consulted the Basin Officials Committee, decides that another method is preferable—that method.
benchmark environmental outcomes means the environmental outcomes in the model that, in accordance with the applicable method, would be achieved if:
to the extent, if any, that the measure, at the time of the determination, is not expected to, or did not, come into effect by 30 June 2019.
(1) For a determination for the purpose of section 7.10, and subject to this Division, the efficiency contribution of the notified measures for each affected unit at a particular time is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is registered as being available under the efficiency entitlements for the unit.
Note 1: The efficiency contributions are expected to vary over time as relevant water access entitlements are acquired.
Note 2: The Authority will use long‑term diversion limit equivalent factors to convert water access entitlements into a common unit for the purpose of the determinations.
(2) For a determination for the purpose of section 7.11, and subject to this Division, the efficiency contribution of the notified measures and additional efficiency measures for each affected unit at a particular time is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is registered as being available under the efficiency entitlements and additional efficiency entitlements for the unit.
Note: Efficiency contributions will end on 31 December 2026. Under section 7.08B, the Minister may specify efficiency entitlements and additional efficiency entitlements acquired after 31 December 2026 as additional HEW entitlements.
(1) For a determination for the purpose of section 7.11, and subject to this Division, the additional HEW contribution of the additional HEW entitlements for each affected unit at a particular time is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is registered as being available under additional HEW entitlements for the unit.
Note 1: The additional HEW contributions are expected to vary over time as relevant water access rights, water delivery rights or irrigation rights are acquired.
Note 2: The Authority will use long‑term diversion limit equivalent factors to convert water access rights, water delivery rights and irrigation rights into a common unit for the purpose of the determinations.
(1) If, after calculating the total supply and efficiency contributions under sections 7.15 and 7.16, the Authority is not satisfied that a determination of proposed adjustments based on those amounts, disregarding the additional HEW entitlements mentioned in paragraph 7.11(1)(d), could be made under this Division that satisfies the criteria below, the Authority may reduce the total supply contribution, or the efficiency contribution for any affected unit, to a level at which such a determination could be made.
(a) The supply contributions to the proposed adjustments achieve equivalent environmental outcomes compared with the benchmark environmental outcomes.
(b) The efficiency contributions to the proposed adjustments achieve neutral or improved socio‑economic outcomes compared with the outcomes under benchmark conditions of development as evidenced by:
(i) the participation of consumptive water users in projects that recover water through works to improve irrigation water use efficiency on their farms; or
(ia) the participation of consumptive water users in projects that recover water through works to improve water use efficiency off‑farm; or
(ii) alternative arrangements proposed by a Basin State, assessed by that State as achieving water recovery with neutral or improved socio‑economic outcomes.
(c) Any processes approved by the Murray‑Darling Basin Ministerial Council for developing initiatives for satisfying these criteria, including opportunities for public consultation, have been observed.
The Authority must apportion the total supply contribution for the notified supply measures and additional supply measures to give each affected unit a supply contribution in a way that:
(b) complies with any agreement relating to the apportionment of supply contributions that has been reached by the Commonwealth and States.
If, at a particular time before the commencement of any adjustments proposed under section 7.11, the net effect of the total supply contribution, the total efficiency contribution and the total additional HEW contribution under sections 7.15 to 7.17 is an increase or decrease of more than 5% of the total surface water SDL for the Basin water resources as it stood at the reference time, the size of the supply contribution, the efficiency contribution and the additional HEW contribution for each affected unit are reduced in proportion so that the net effect is equal to that amount.
Note: This section allows a supply contribution, an efficiency contribution or an additional HEW contribution of more than 5% of total surface water SDL to each be given full effect in an adjustment, provided that the net effect across the Basin is within the 5% limit.
Note: Some of the supply measures may not be operating by that date. The determination is based on the effect that they will have when they have come into operation by 2024.
(a) an adjustment of the SDL for each affected unit equal to the net effect of supply and efficiency contributions for the unit; and
(b) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
(4) A proposed adjustment must be in the form of a formula as a function of time, either varying continuously or changing at specified times, that reflects the changes up until 30 June 2024 of:
(A) the notified measures, the additional supply measures, the additional efficiency measures and the additional HEW entitlements as determined for subsection (2); and
(b) calculate, for each affected unit, the difference between the 2017 SDLs as they would be if adjusted by the overall adjustments, and the current SDLs (the difference for the unit); and
(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
(4) An amendment to give effect to the proposed adjustments must be in the form of an amendment to the Basin Plan that would result in the SDL for each affected unit being expressed as:
(b) the varying HEW contribution, in the form of a formula as a function of time, either varying continuously or changing at specified times from 31 December 2026 onward.
2017 SDL, for a SDL resource unit, means the SDL that applied immediately before the adjustments made as a result of a proposal under section 7.10.
varying HEW contribution for an SDL resource unit, at any time after 31 December 2026, is the difference between the additional HEW contributions shown on the register as being available for the unit at that time, and the additional HEW contributions determined for paragraph (2)(c).
Division 1 Objective
(a) for efficiency measures—environmental outcomes are increased while maintaining or improving social and economic outcomes; and
(b) for supply measures—equivalent environmental outcomes are achieved with a lower volume of held environmental water than would otherwise be required; and
Note: Some jurisdictions anticipate that such measures may be able to provide the equivalent of 650 GL per year of water, reducing the quantity of water access rights the Commonwealth will need to acquire to ‘bridge the gap’.
(c) where constraints on the capacity to deliver environmental water are removed or eased—available environmental water can be used to maximum effect; and
(d) enhanced economic, social and environmental outcomes compared with the benchmark environmental outcomes and benchmark conditions of development can be achieved for the Murray‑Darling Basin, including through more efficient water use, improved river operations, improved outcomes for the River Murray floodplain, River Murray river water quality, estuarine health, Murray Mouth opening, higher average lake levels and increased in‑stream flows and variability; and
(e) the easing or removal of constraints and the addition of 450 GL per year of environmental water above the 2750 GL benchmark conditions of development, under the Commonwealth’s program, allow the enhanced environmental outcomes as set out in Schedule 5 to be pursued as compared to the benchmark environmental outcomes.
Note 1: The Commonwealth program to ease or remove capacity constraints and deliver 450 GL of additional environmental water is to improve the environmental outcomes beyond those achievable under the 2750 GL benchmark by a further 450 GL and thus pursue the environmental outcomes set out in Schedule 5 that reflect the results of the 3200 GL per year modelling with relaxed constraints scenario reported in: MDBA (Murray‑Darling Basin Authority) 2012, Hydrologic modelling of the relaxation of operational constraints in the southern connected system: Methods and results, MDBA publication no: 76/12, Murray‑Darling Basin Authority, Canberra. http://download.mdba.gov.au/altered‑PBP/Hydrologic‑modelling‑relaxed‑constraints‑October‑2012.pdf
Note 2: The Commonwealth’s program referred to in paragraph (e) includes the program that is expected to spend $1.77 billion by 31 December 2027 under the Water for the Environment Special Account.
(1) If the Authority has received a notification of measures under subsection 7.12(1) or (1A), it must, as soon as practicable after 30 June 2017 and no later than 15 December 2017:
(a) for each affected unit, determine the amounts of proposed adjustments resulting from the notified measures in accordance with Division 4; and
(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
Note: Under section 23B of the Act, the Authority is then required to prepare appropriate amendments of the Basin Plan, for adoption by the Minister.
(1) If it appears to the Authority that a new determination of the appropriate adjustment amounts, made in accordance with Division 4, resulting from the effects, as at 31 December 2026, of the following:
would produce adjusted SDLs for one or more SDL resource units different from those that resulted from the determination made for the purpose of section 7.10, the Authority must, by that date:
(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
Note 1: Since the adjustments to the SDLs proposed under section 7.10 were made to the Basin Plan, there has been a further set of adjustments made by the Water Amendment (Restoring Our Rivers) Act 2023, as well as changes to Division 4.
Note 2: Under section 23B of the Act, the Authority is then required to prepare appropriate amendments of the Basin Plan, for adoption by the Minister.
Note 3: This section might apply if, for example, a notified measure has been withdrawn or an additional supply or efficiency measure has been notified, or an additional HEW entitlement has been registered.
(1) The Basin Officials Committee may, by 30 June 2016, notify the Authority of 1 or more supply measures or efficiency measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.10 or 7.11.
(1A) The Basin Officials Committee may, after 30 June 2016 but on or before 30 June 2017, notify the Authority of 1 or more supply measures or efficiency measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.10 or 7.11.
(2) The person (the Basin State or Commonwealth) funding or undertaking an efficiency measure may, after 30 June 2017 but on or before 30 June 2025, notify the Authority of 1 or more efficiency measures that, in the view of the person, should be taken into account in proposing adjustments under section 7.11.
(2A) The Basin Officials Committee may, on or before 30 June 2025, notify the Authority of 1 or more supply measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.11.
(6) A notification must be amended by 30 June 2026 to withdraw a measure if it appears that the measure will not enter into operation by 31 December 2026.
(6A) A notification may be amended to withdraw the measure under subsection (6) by the person who notified the measure or by the Commonwealth.
(c) for each kind of entitlement for a surface water SDL resource unit—the long‑term average quantity of water, in GL per year, that is available under the entitlements of that kind from time to time.
(2) Until an adjustment is proposed under section 7.11, the register must include, for each surface water SDL resource unit, estimates of the likely:
(4) Subparagraphs (1)(b)(i) and (ii) apply to a water access entitlement whether it became held environmental water before or after the relevant measure was notified.
This Division sets out the steps the Authority must take to determine the amounts of adjustments to SDLs that it will propose because of the notified measures, the additional efficiency measures, the additional supply measures and the additional HEW entitlements.
(1) Subject to subsection (2), the Authority must determine the amounts of adjustments under this Division to the SDL for an SDL resource unit on the basis that the SDL resource unit shared reduction amount for the unit is the amount calculated under subsection 6.05(4).
(2) If a Basin State has made a re‑allocation adjustment request for this section, the Authority must determine the amounts of adjustments under this Division to the SDL for an SDL resource unit applying the SDL resource unit shared reduction amount requested by the State for that unit.
re‑allocation adjustment request means a request made by a Basin State to the Authority to adjust the SDL resource unit shared reduction amounts for SDL resource units that are within a zone mentioned in subsection 6.05(2), being a request that:
(i) was made before 1 July 2016, for the purposes of section 7.23 as it stood before the repeal of that section by the Basin Plan Amendment Instrument 2017 (No. 1), and has not been withdrawn or replaced by a request referred to in subparagraph (ii); or
(ii) was made between 1 July 2016 and 30 June 2017, and expressed to be made in anticipation of the insertion of this section by the Basin Plan Amendment Instrument 2017 (No. 1); and
(ii) no SDL resource unit has an SDL that is larger than would result from replacing its shared reduction amount with zero.
Note 1: The same SDL resource unit shared reduction amounts were used for the purpose of calculating the initial adjustments proposed in 2017 and will be used in any reconciliation adjustments in 2026.
(1) Subject to this Division, the total supply contribution of the notified measures is the total increase in the SDLs for all the units affected by notified supply measures or additional supply measures that will ensure that, calculated in accordance with the applicable method on the basis of:
(d) there are no detrimental impacts on reliability of supply of water to the holders of water access rights that are not offset or negated.
Note: The determination is based on the effect that the supply measures will have when they come into operation, whether or not they have done so by the time the measures are notified under section 7.12. The additional supply measures were not included in this provision at the time adjustments were proposed under section 7.10.
(b) if the Authority, having consulted the Basin Officials Committee, decides that another method is preferable—that method.
benchmark environmental outcomes means the environmental outcomes in the model that, in accordance with the applicable method, would be achieved if:
to the extent, if any, that the measure, at the time of the determination, is not expected to, or did not, come into effect by 30 June 2019.
(1) For a determination for the purpose of section 7.10, and subject to this Division, the efficiency contribution of the notified measures for each affected unit at a particular time is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is registered as being available under the efficiency entitlements for the unit.
Note 1: The efficiency contributions are expected to vary over time as relevant water access entitlements are acquired.
Note 2: The Authority will use long‑term diversion limit equivalent factors to convert water access entitlements into a common unit for the purpose of the determinations.
(2) For a determination for the purpose of section 7.11, and subject to this Division, the efficiency contribution of the notified measures and additional efficiency measures for each affected unit at a particular time is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is registered as being available under the efficiency entitlements and additional efficiency entitlements for the unit.
Note: Efficiency contributions will end on 31 December 2026. Under section 7.08B, the Minister may specify efficiency entitlements and additional efficiency entitlements acquired after 31 December 2026 as additional HEW entitlements.
(1) For a determination for the purpose of section 7.11, and subject to this Division, the additional HEW contribution of the additional HEW entitlements for each affected unit at a particular time is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is registered as being available under additional HEW entitlements for the unit.
Note 1: The additional HEW contributions are expected to vary over time as relevant water access rights, water delivery rights or irrigation rights are acquired.
Note 2: The Authority will use long‑term diversion limit equivalent factors to convert water access rights, water delivery rights and irrigation rights into a common unit for the purpose of the determinations.
(1) If, after calculating the total supply and efficiency contributions under sections 7.15 and 7.16, the Authority is not satisfied that a determination of proposed adjustments based on those amounts, disregarding the additional HEW entitlements mentioned in paragraph 7.11(1)(d), could be made under this Division that satisfies the criteria below, the Authority may reduce the total supply contribution, or the efficiency contribution for any affected unit, to a level at which such a determination could be made.
(a) The supply contributions to the proposed adjustments achieve equivalent environmental outcomes compared with the benchmark environmental outcomes.
(b) The efficiency contributions to the proposed adjustments achieve neutral or improved socio‑economic outcomes compared with the outcomes under benchmark conditions of development as evidenced by:
(i) the participation of consumptive water users in projects that recover water through works to improve irrigation water use efficiency on their farms; or
(ia) the participation of consumptive water users in projects that recover water through works to improve water use efficiency off‑farm; or
(ii) alternative arrangements proposed by a Basin State, assessed by that State as achieving water recovery with neutral or improved socio‑economic outcomes.
(c) Any processes approved by the Murray‑Darling Basin Ministerial Council for developing initiatives for satisfying these criteria, including opportunities for public consultation, have been observed.
The Authority must apportion the total supply contribution for the notified supply measures and additional supply measures to give each affected unit a supply contribution in a way that:
(b) complies with any agreement relating to the apportionment of supply contributions that has been reached by the Commonwealth and States.
If, at a particular time before the commencement of any adjustments proposed under section 7.11, the net effect of the total supply contribution, the total efficiency contribution and the total additional HEW contribution under sections 7.15 to 7.17 is an increase or decrease of more than 5% of the total surface water SDL for the Basin water resources as it stood at the reference time, the size of the supply contribution, the efficiency contribution and the additional HEW contribution for each affected unit are reduced in proportion so that the net effect is equal to that amount.
Note: This section allows a supply contribution, an efficiency contribution or an additional HEW contribution of more than 5% of total surface water SDL to each be given full effect in an adjustment, provided that the net effect across the Basin is within the 5% limit.
Note: Some of the supply measures may not be operating by that date. The determination is based on the effect that they will have when they have come into operation by 2024.
(a) an adjustment of the SDL for each affected unit equal to the net effect of supply and efficiency contributions for the unit; and
(b) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
(4) A proposed adjustment must be in the form of a formula as a function of time, either varying continuously or changing at specified times, that reflects the changes up until 30 June 2024 of:
(A) the notified measures, the additional supply measures, the additional efficiency measures and the additional HEW entitlements as determined for subsection (2); and
(b) calculate, for each affected unit, the difference between the 2017 SDLs as they would be if adjusted by the overall adjustments, and the current SDLs (the difference for the unit); and
(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
(4) An amendment to give effect to the proposed adjustments must be in the form of an amendment to the Basin Plan that would result in the SDL for each affected unit being expressed as:
(b) the varying HEW contribution, in the form of a formula as a function of time, either varying continuously or changing at specified times from 31 December 2026 onward.
2017 SDL, for a SDL resource unit, means the SDL that applied immediately before the adjustments made as a result of a proposal under section 7.10.
varying HEW contribution for an SDL resource unit, at any time after 31 December 2026, is the difference between the additional HEW contributions shown on the register as being available for the unit at that time, and the additional HEW contributions determined for paragraph (2)(c).
7.09 Objective
(a) for efficiency measures—environmental outcomes are increased while maintaining or improving social and economic outcomes; and
(b) for supply measures—equivalent environmental outcomes are achieved with a lower volume of held environmental water than would otherwise be required; and
Note: Some jurisdictions anticipate that such measures may be able to provide the equivalent of 650 GL per year of water, reducing the quantity of water access rights the Commonwealth will need to acquire to ‘bridge the gap’.
(c) where constraints on the capacity to deliver environmental water are removed or eased—available environmental water can be used to maximum effect; and
(d) enhanced economic, social and environmental outcomes compared with the benchmark environmental outcomes and benchmark conditions of development can be achieved for the Murray‑Darling Basin, including through more efficient water use, improved river operations, improved outcomes for the River Murray floodplain, River Murray river water quality, estuarine health, Murray Mouth opening, higher average lake levels and increased in‑stream flows and variability; and
(e) the easing or removal of constraints and the addition of 450 GL per year of environmental water above the 2750 GL benchmark conditions of development, under the Commonwealth’s program, allow the enhanced environmental outcomes as set out in Schedule 5 to be pursued as compared to the benchmark environmental outcomes.
Note 1: The Commonwealth program to ease or remove capacity constraints and deliver 450 GL of additional environmental water is to improve the environmental outcomes beyond those achievable under the 2750 GL benchmark by a further 450 GL and thus pursue the environmental outcomes set out in Schedule 5 that reflect the results of the 3200 GL per year modelling with relaxed constraints scenario reported in: MDBA (Murray‑Darling Basin Authority) 2012, Hydrologic modelling of the relaxation of operational constraints in the southern connected system: Methods and results, MDBA publication no: 76/12, Murray‑Darling Basin Authority, Canberra. http://download.mdba.gov.au/altered‑PBP/Hydrologic‑modelling‑relaxed‑constraints‑October‑2012.pdf
Note 2: The Commonwealth’s program referred to in paragraph (e) includes the program that is expected to spend $1.77 billion by 31 December 2027 under the Water for the Environment Special Account.
Division 2 When Authority must propose appropriate adjustments
(a) for efficiency measures—environmental outcomes are increased while maintaining or improving social and economic outcomes; and
(b) for supply measures—equivalent environmental outcomes are achieved with a lower volume of held environmental water than would otherwise be required; and
Note: Some jurisdictions anticipate that such measures may be able to provide the equivalent of 650 GL per year of water, reducing the quantity of water access rights the Commonwealth will need to acquire to ‘bridge the gap’.
(c) where constraints on the capacity to deliver environmental water are removed or eased—available environmental water can be used to maximum effect; and
(d) enhanced economic, social and environmental outcomes compared with the benchmark environmental outcomes and benchmark conditions of development can be achieved for the Murray‑Darling Basin, including through more efficient water use, improved river operations, improved outcomes for the River Murray floodplain, River Murray river water quality, estuarine health, Murray Mouth opening, higher average lake levels and increased in‑stream flows and variability; and
(e) the easing or removal of constraints and the addition of 450 GL per year of environmental water above the 2750 GL benchmark conditions of development, under the Commonwealth’s program, allow the enhanced environmental outcomes as set out in Schedule 5 to be pursued as compared to the benchmark environmental outcomes.
Note 1: The Commonwealth program to ease or remove capacity constraints and deliver 450 GL of additional environmental water is to improve the environmental outcomes beyond those achievable under the 2750 GL benchmark by a further 450 GL and thus pursue the environmental outcomes set out in Schedule 5 that reflect the results of the 3200 GL per year modelling with relaxed constraints scenario reported in: MDBA (Murray‑Darling Basin Authority) 2012, Hydrologic modelling of the relaxation of operational constraints in the southern connected system: Methods and results, MDBA publication no: 76/12, Murray‑Darling Basin Authority, Canberra. http://download.mdba.gov.au/altered‑PBP/Hydrologic‑modelling‑relaxed‑constraints‑October‑2012.pdf
Note 2: The Commonwealth’s program referred to in paragraph (e) includes the program that is expected to spend $1.77 billion by 31 December 2027 under the Water for the Environment Special Account.
(1) If the Authority has received a notification of measures under subsection 7.12(1) or (1A), it must, as soon as practicable after 30 June 2017 and no later than 15 December 2017:
(a) for each affected unit, determine the amounts of proposed adjustments resulting from the notified measures in accordance with Division 4; and
(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
Note: Under section 23B of the Act, the Authority is then required to prepare appropriate amendments of the Basin Plan, for adoption by the Minister.
(1) If it appears to the Authority that a new determination of the appropriate adjustment amounts, made in accordance with Division 4, resulting from the effects, as at 31 December 2026, of the following:
would produce adjusted SDLs for one or more SDL resource units different from those that resulted from the determination made for the purpose of section 7.10, the Authority must, by that date:
(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
Note 1: Since the adjustments to the SDLs proposed under section 7.10 were made to the Basin Plan, there has been a further set of adjustments made by the Water Amendment (Restoring Our Rivers) Act 2023, as well as changes to Division 4.
Note 2: Under section 23B of the Act, the Authority is then required to prepare appropriate amendments of the Basin Plan, for adoption by the Minister.
Note 3: This section might apply if, for example, a notified measure has been withdrawn or an additional supply or efficiency measure has been notified, or an additional HEW entitlement has been registered.
(1) The Basin Officials Committee may, by 30 June 2016, notify the Authority of 1 or more supply measures or efficiency measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.10 or 7.11.
(1A) The Basin Officials Committee may, after 30 June 2016 but on or before 30 June 2017, notify the Authority of 1 or more supply measures or efficiency measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.10 or 7.11.
(2) The person (the Basin State or Commonwealth) funding or undertaking an efficiency measure may, after 30 June 2017 but on or before 30 June 2025, notify the Authority of 1 or more efficiency measures that, in the view of the person, should be taken into account in proposing adjustments under section 7.11.
(2A) The Basin Officials Committee may, on or before 30 June 2025, notify the Authority of 1 or more supply measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.11.
(6) A notification must be amended by 30 June 2026 to withdraw a measure if it appears that the measure will not enter into operation by 31 December 2026.
(6A) A notification may be amended to withdraw the measure under subsection (6) by the person who notified the measure or by the Commonwealth.
(c) for each kind of entitlement for a surface water SDL resource unit—the long‑term average quantity of water, in GL per year, that is available under the entitlements of that kind from time to time.
(2) Until an adjustment is proposed under section 7.11, the register must include, for each surface water SDL resource unit, estimates of the likely:
(4) Subparagraphs (1)(b)(i) and (ii) apply to a water access entitlement whether it became held environmental water before or after the relevant measure was notified.
This Division sets out the steps the Authority must take to determine the amounts of adjustments to SDLs that it will propose because of the notified measures, the additional efficiency measures, the additional supply measures and the additional HEW entitlements.
(1) Subject to subsection (2), the Authority must determine the amounts of adjustments under this Division to the SDL for an SDL resource unit on the basis that the SDL resource unit shared reduction amount for the unit is the amount calculated under subsection 6.05(4).
(2) If a Basin State has made a re‑allocation adjustment request for this section, the Authority must determine the amounts of adjustments under this Division to the SDL for an SDL resource unit applying the SDL resource unit shared reduction amount requested by the State for that unit.
re‑allocation adjustment request means a request made by a Basin State to the Authority to adjust the SDL resource unit shared reduction amounts for SDL resource units that are within a zone mentioned in subsection 6.05(2), being a request that:
(i) was made before 1 July 2016, for the purposes of section 7.23 as it stood before the repeal of that section by the Basin Plan Amendment Instrument 2017 (No. 1), and has not been withdrawn or replaced by a request referred to in subparagraph (ii); or
(ii) was made between 1 July 2016 and 30 June 2017, and expressed to be made in anticipation of the insertion of this section by the Basin Plan Amendment Instrument 2017 (No. 1); and
(ii) no SDL resource unit has an SDL that is larger than would result from replacing its shared reduction amount with zero.
Note 1: The same SDL resource unit shared reduction amounts were used for the purpose of calculating the initial adjustments proposed in 2017 and will be used in any reconciliation adjustments in 2026.
(1) Subject to this Division, the total supply contribution of the notified measures is the total increase in the SDLs for all the units affected by notified supply measures or additional supply measures that will ensure that, calculated in accordance with the applicable method on the basis of:
(d) there are no detrimental impacts on reliability of supply of water to the holders of water access rights that are not offset or negated.
Note: The determination is based on the effect that the supply measures will have when they come into operation, whether or not they have done so by the time the measures are notified under section 7.12. The additional supply measures were not included in this provision at the time adjustments were proposed under section 7.10.
(b) if the Authority, having consulted the Basin Officials Committee, decides that another method is preferable—that method.
benchmark environmental outcomes means the environmental outcomes in the model that, in accordance with the applicable method, would be achieved if:
to the extent, if any, that the measure, at the time of the determination, is not expected to, or did not, come into effect by 30 June 2019.
(1) For a determination for the purpose of section 7.10, and subject to this Division, the efficiency contribution of the notified measures for each affected unit at a particular time is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is registered as being available under the efficiency entitlements for the unit.
Note 1: The efficiency contributions are expected to vary over time as relevant water access entitlements are acquired.
Note 2: The Authority will use long‑term diversion limit equivalent factors to convert water access entitlements into a common unit for the purpose of the determinations.
(2) For a determination for the purpose of section 7.11, and subject to this Division, the efficiency contribution of the notified measures and additional efficiency measures for each affected unit at a particular time is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is registered as being available under the efficiency entitlements and additional efficiency entitlements for the unit.
Note: Efficiency contributions will end on 31 December 2026. Under section 7.08B, the Minister may specify efficiency entitlements and additional efficiency entitlements acquired after 31 December 2026 as additional HEW entitlements.
(1) For a determination for the purpose of section 7.11, and subject to this Division, the additional HEW contribution of the additional HEW entitlements for each affected unit at a particular time is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is registered as being available under additional HEW entitlements for the unit.
Note 1: The additional HEW contributions are expected to vary over time as relevant water access rights, water delivery rights or irrigation rights are acquired.
Note 2: The Authority will use long‑term diversion limit equivalent factors to convert water access rights, water delivery rights and irrigation rights into a common unit for the purpose of the determinations.
(1) If, after calculating the total supply and efficiency contributions under sections 7.15 and 7.16, the Authority is not satisfied that a determination of proposed adjustments based on those amounts, disregarding the additional HEW entitlements mentioned in paragraph 7.11(1)(d), could be made under this Division that satisfies the criteria below, the Authority may reduce the total supply contribution, or the efficiency contribution for any affected unit, to a level at which such a determination could be made.
(a) The supply contributions to the proposed adjustments achieve equivalent environmental outcomes compared with the benchmark environmental outcomes.
(b) The efficiency contributions to the proposed adjustments achieve neutral or improved socio‑economic outcomes compared with the outcomes under benchmark conditions of development as evidenced by:
(i) the participation of consumptive water users in projects that recover water through works to improve irrigation water use efficiency on their farms; or
(ia) the participation of consumptive water users in projects that recover water through works to improve water use efficiency off‑farm; or
(ii) alternative arrangements proposed by a Basin State, assessed by that State as achieving water recovery with neutral or improved socio‑economic outcomes.
(c) Any processes approved by the Murray‑Darling Basin Ministerial Council for developing initiatives for satisfying these criteria, including opportunities for public consultation, have been observed.
The Authority must apportion the total supply contribution for the notified supply measures and additional supply measures to give each affected unit a supply contribution in a way that:
(b) complies with any agreement relating to the apportionment of supply contributions that has been reached by the Commonwealth and States.
If, at a particular time before the commencement of any adjustments proposed under section 7.11, the net effect of the total supply contribution, the total efficiency contribution and the total additional HEW contribution under sections 7.15 to 7.17 is an increase or decrease of more than 5% of the total surface water SDL for the Basin water resources as it stood at the reference time, the size of the supply contribution, the efficiency contribution and the additional HEW contribution for each affected unit are reduced in proportion so that the net effect is equal to that amount.
Note: This section allows a supply contribution, an efficiency contribution or an additional HEW contribution of more than 5% of total surface water SDL to each be given full effect in an adjustment, provided that the net effect across the Basin is within the 5% limit.
Note: Some of the supply measures may not be operating by that date. The determination is based on the effect that they will have when they have come into operation by 2024.
(a) an adjustment of the SDL for each affected unit equal to the net effect of supply and efficiency contributions for the unit; and
(b) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
(4) A proposed adjustment must be in the form of a formula as a function of time, either varying continuously or changing at specified times, that reflects the changes up until 30 June 2024 of:
(A) the notified measures, the additional supply measures, the additional efficiency measures and the additional HEW entitlements as determined for subsection (2); and
(b) calculate, for each affected unit, the difference between the 2017 SDLs as they would be if adjusted by the overall adjustments, and the current SDLs (the difference for the unit); and
(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
(4) An amendment to give effect to the proposed adjustments must be in the form of an amendment to the Basin Plan that would result in the SDL for each affected unit being expressed as:
(b) the varying HEW contribution, in the form of a formula as a function of time, either varying continuously or changing at specified times from 31 December 2026 onward.
2017 SDL, for a SDL resource unit, means the SDL that applied immediately before the adjustments made as a result of a proposal under section 7.10.
varying HEW contribution for an SDL resource unit, at any time after 31 December 2026, is the difference between the additional HEW contributions shown on the register as being available for the unit at that time, and the additional HEW contributions determined for paragraph (2)(c).
7.10 Initial adjustments to be proposed in 2017
(1) If the Authority has received a notification of measures under subsection 7.12(1) or (1A), it must, as soon as practicable after 30 June 2017 and no later than 15 December 2017:
(a) for each affected unit, determine the amounts of proposed adjustments resulting from the notified measures in accordance with Division 4; and
(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
Note: Under section 23B of the Act, the Authority is then required to prepare appropriate amendments of the Basin Plan, for adoption by the Minister.
7.11 Reconciliation adjustments to be proposed in 2026
(1) If it appears to the Authority that a new determination of the appropriate adjustment amounts, made in accordance with Division 4, resulting from the effects, as at 31 December 2026, of the following:
would produce adjusted SDLs for one or more SDL resource units different from those that resulted from the determination made for the purpose of section 7.10, the Authority must, by that date:
(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
Note 1: Since the adjustments to the SDLs proposed under section 7.10 were made to the Basin Plan, there has been a further set of adjustments made by the Water Amendment (Restoring Our Rivers) Act 2023, as well as changes to Division 4.
Note 2: Under section 23B of the Act, the Authority is then required to prepare appropriate amendments of the Basin Plan, for adoption by the Minister.
Note 3: This section might apply if, for example, a notified measure has been withdrawn or an additional supply or efficiency measure has been notified, or an additional HEW entitlement has been registered.
Division 3 Notification and recording of relevant matters
(a) for efficiency measures—environmental outcomes are increased while maintaining or improving social and economic outcomes; and
(b) for supply measures—equivalent environmental outcomes are achieved with a lower volume of held environmental water than would otherwise be required; and
Note: Some jurisdictions anticipate that such measures may be able to provide the equivalent of 650 GL per year of water, reducing the quantity of water access rights the Commonwealth will need to acquire to ‘bridge the gap’.
(c) where constraints on the capacity to deliver environmental water are removed or eased—available environmental water can be used to maximum effect; and
(d) enhanced economic, social and environmental outcomes compared with the benchmark environmental outcomes and benchmark conditions of development can be achieved for the Murray‑Darling Basin, including through more efficient water use, improved river operations, improved outcomes for the River Murray floodplain, River Murray river water quality, estuarine health, Murray Mouth opening, higher average lake levels and increased in‑stream flows and variability; and
(e) the easing or removal of constraints and the addition of 450 GL per year of environmental water above the 2750 GL benchmark conditions of development, under the Commonwealth’s program, allow the enhanced environmental outcomes as set out in Schedule 5 to be pursued as compared to the benchmark environmental outcomes.
Note 1: The Commonwealth program to ease or remove capacity constraints and deliver 450 GL of additional environmental water is to improve the environmental outcomes beyond those achievable under the 2750 GL benchmark by a further 450 GL and thus pursue the environmental outcomes set out in Schedule 5 that reflect the results of the 3200 GL per year modelling with relaxed constraints scenario reported in: MDBA (Murray‑Darling Basin Authority) 2012, Hydrologic modelling of the relaxation of operational constraints in the southern connected system: Methods and results, MDBA publication no: 76/12, Murray‑Darling Basin Authority, Canberra. http://download.mdba.gov.au/altered‑PBP/Hydrologic‑modelling‑relaxed‑constraints‑October‑2012.pdf
Note 2: The Commonwealth’s program referred to in paragraph (e) includes the program that is expected to spend $1.77 billion by 31 December 2027 under the Water for the Environment Special Account.
(1) If the Authority has received a notification of measures under subsection 7.12(1) or (1A), it must, as soon as practicable after 30 June 2017 and no later than 15 December 2017:
(a) for each affected unit, determine the amounts of proposed adjustments resulting from the notified measures in accordance with Division 4; and
(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
Note: Under section 23B of the Act, the Authority is then required to prepare appropriate amendments of the Basin Plan, for adoption by the Minister.
(1) If it appears to the Authority that a new determination of the appropriate adjustment amounts, made in accordance with Division 4, resulting from the effects, as at 31 December 2026, of the following:
would produce adjusted SDLs for one or more SDL resource units different from those that resulted from the determination made for the purpose of section 7.10, the Authority must, by that date:
(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
Note 1: Since the adjustments to the SDLs proposed under section 7.10 were made to the Basin Plan, there has been a further set of adjustments made by the Water Amendment (Restoring Our Rivers) Act 2023, as well as changes to Division 4.
Note 2: Under section 23B of the Act, the Authority is then required to prepare appropriate amendments of the Basin Plan, for adoption by the Minister.
Note 3: This section might apply if, for example, a notified measure has been withdrawn or an additional supply or efficiency measure has been notified, or an additional HEW entitlement has been registered.
(1) The Basin Officials Committee may, by 30 June 2016, notify the Authority of 1 or more supply measures or efficiency measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.10 or 7.11.
(1A) The Basin Officials Committee may, after 30 June 2016 but on or before 30 June 2017, notify the Authority of 1 or more supply measures or efficiency measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.10 or 7.11.
(2) The person (the Basin State or Commonwealth) funding or undertaking an efficiency measure may, after 30 June 2017 but on or before 30 June 2025, notify the Authority of 1 or more efficiency measures that, in the view of the person, should be taken into account in proposing adjustments under section 7.11.
(2A) The Basin Officials Committee may, on or before 30 June 2025, notify the Authority of 1 or more supply measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.11.
(6) A notification must be amended by 30 June 2026 to withdraw a measure if it appears that the measure will not enter into operation by 31 December 2026.
(6A) A notification may be amended to withdraw the measure under subsection (6) by the person who notified the measure or by the Commonwealth.
(c) for each kind of entitlement for a surface water SDL resource unit—the long‑term average quantity of water, in GL per year, that is available under the entitlements of that kind from time to time.
(2) Until an adjustment is proposed under section 7.11, the register must include, for each surface water SDL resource unit, estimates of the likely:
(4) Subparagraphs (1)(b)(i) and (ii) apply to a water access entitlement whether it became held environmental water before or after the relevant measure was notified.
This Division sets out the steps the Authority must take to determine the amounts of adjustments to SDLs that it will propose because of the notified measures, the additional efficiency measures, the additional supply measures and the additional HEW entitlements.
(1) Subject to subsection (2), the Authority must determine the amounts of adjustments under this Division to the SDL for an SDL resource unit on the basis that the SDL resource unit shared reduction amount for the unit is the amount calculated under subsection 6.05(4).
(2) If a Basin State has made a re‑allocation adjustment request for this section, the Authority must determine the amounts of adjustments under this Division to the SDL for an SDL resource unit applying the SDL resource unit shared reduction amount requested by the State for that unit.
re‑allocation adjustment request means a request made by a Basin State to the Authority to adjust the SDL resource unit shared reduction amounts for SDL resource units that are within a zone mentioned in subsection 6.05(2), being a request that:
(i) was made before 1 July 2016, for the purposes of section 7.23 as it stood before the repeal of that section by the Basin Plan Amendment Instrument 2017 (No. 1), and has not been withdrawn or replaced by a request referred to in subparagraph (ii); or
(ii) was made between 1 July 2016 and 30 June 2017, and expressed to be made in anticipation of the insertion of this section by the Basin Plan Amendment Instrument 2017 (No. 1); and
(ii) no SDL resource unit has an SDL that is larger than would result from replacing its shared reduction amount with zero.
Note 1: The same SDL resource unit shared reduction amounts were used for the purpose of calculating the initial adjustments proposed in 2017 and will be used in any reconciliation adjustments in 2026.
(1) Subject to this Division, the total supply contribution of the notified measures is the total increase in the SDLs for all the units affected by notified supply measures or additional supply measures that will ensure that, calculated in accordance with the applicable method on the basis of:
(d) there are no detrimental impacts on reliability of supply of water to the holders of water access rights that are not offset or negated.
Note: The determination is based on the effect that the supply measures will have when they come into operation, whether or not they have done so by the time the measures are notified under section 7.12. The additional supply measures were not included in this provision at the time adjustments were proposed under section 7.10.
(b) if the Authority, having consulted the Basin Officials Committee, decides that another method is preferable—that method.
benchmark environmental outcomes means the environmental outcomes in the model that, in accordance with the applicable method, would be achieved if:
to the extent, if any, that the measure, at the time of the determination, is not expected to, or did not, come into effect by 30 June 2019.
(1) For a determination for the purpose of section 7.10, and subject to this Division, the efficiency contribution of the notified measures for each affected unit at a particular time is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is registered as being available under the efficiency entitlements for the unit.
Note 1: The efficiency contributions are expected to vary over time as relevant water access entitlements are acquired.
Note 2: The Authority will use long‑term diversion limit equivalent factors to convert water access entitlements into a common unit for the purpose of the determinations.
(2) For a determination for the purpose of section 7.11, and subject to this Division, the efficiency contribution of the notified measures and additional efficiency measures for each affected unit at a particular time is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is registered as being available under the efficiency entitlements and additional efficiency entitlements for the unit.
Note: Efficiency contributions will end on 31 December 2026. Under section 7.08B, the Minister may specify efficiency entitlements and additional efficiency entitlements acquired after 31 December 2026 as additional HEW entitlements.
(1) For a determination for the purpose of section 7.11, and subject to this Division, the additional HEW contribution of the additional HEW entitlements for each affected unit at a particular time is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is registered as being available under additional HEW entitlements for the unit.
Note 1: The additional HEW contributions are expected to vary over time as relevant water access rights, water delivery rights or irrigation rights are acquired.
Note 2: The Authority will use long‑term diversion limit equivalent factors to convert water access rights, water delivery rights and irrigation rights into a common unit for the purpose of the determinations.
(1) If, after calculating the total supply and efficiency contributions under sections 7.15 and 7.16, the Authority is not satisfied that a determination of proposed adjustments based on those amounts, disregarding the additional HEW entitlements mentioned in paragraph 7.11(1)(d), could be made under this Division that satisfies the criteria below, the Authority may reduce the total supply contribution, or the efficiency contribution for any affected unit, to a level at which such a determination could be made.
(a) The supply contributions to the proposed adjustments achieve equivalent environmental outcomes compared with the benchmark environmental outcomes.
(b) The efficiency contributions to the proposed adjustments achieve neutral or improved socio‑economic outcomes compared with the outcomes under benchmark conditions of development as evidenced by:
(i) the participation of consumptive water users in projects that recover water through works to improve irrigation water use efficiency on their farms; or
(ia) the participation of consumptive water users in projects that recover water through works to improve water use efficiency off‑farm; or
(ii) alternative arrangements proposed by a Basin State, assessed by that State as achieving water recovery with neutral or improved socio‑economic outcomes.
(c) Any processes approved by the Murray‑Darling Basin Ministerial Council for developing initiatives for satisfying these criteria, including opportunities for public consultation, have been observed.
The Authority must apportion the total supply contribution for the notified supply measures and additional supply measures to give each affected unit a supply contribution in a way that:
(b) complies with any agreement relating to the apportionment of supply contributions that has been reached by the Commonwealth and States.
If, at a particular time before the commencement of any adjustments proposed under section 7.11, the net effect of the total supply contribution, the total efficiency contribution and the total additional HEW contribution under sections 7.15 to 7.17 is an increase or decrease of more than 5% of the total surface water SDL for the Basin water resources as it stood at the reference time, the size of the supply contribution, the efficiency contribution and the additional HEW contribution for each affected unit are reduced in proportion so that the net effect is equal to that amount.
Note: This section allows a supply contribution, an efficiency contribution or an additional HEW contribution of more than 5% of total surface water SDL to each be given full effect in an adjustment, provided that the net effect across the Basin is within the 5% limit.
Note: Some of the supply measures may not be operating by that date. The determination is based on the effect that they will have when they have come into operation by 2024.
(a) an adjustment of the SDL for each affected unit equal to the net effect of supply and efficiency contributions for the unit; and
(b) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
(4) A proposed adjustment must be in the form of a formula as a function of time, either varying continuously or changing at specified times, that reflects the changes up until 30 June 2024 of:
(A) the notified measures, the additional supply measures, the additional efficiency measures and the additional HEW entitlements as determined for subsection (2); and
(b) calculate, for each affected unit, the difference between the 2017 SDLs as they would be if adjusted by the overall adjustments, and the current SDLs (the difference for the unit); and
(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
(4) An amendment to give effect to the proposed adjustments must be in the form of an amendment to the Basin Plan that would result in the SDL for each affected unit being expressed as:
(b) the varying HEW contribution, in the form of a formula as a function of time, either varying continuously or changing at specified times from 31 December 2026 onward.
2017 SDL, for a SDL resource unit, means the SDL that applied immediately before the adjustments made as a result of a proposal under section 7.10.
varying HEW contribution for an SDL resource unit, at any time after 31 December 2026, is the difference between the additional HEW contributions shown on the register as being available for the unit at that time, and the additional HEW contributions determined for paragraph (2)(c).
7.12 Notification of measures relevant to adjustment of SDLs
(a) for efficiency measures—environmental outcomes are increased while maintaining or improving social and economic outcomes; and
(b) for supply measures—equivalent environmental outcomes are achieved with a lower volume of held environmental water than would otherwise be required; and
Note: Some jurisdictions anticipate that such measures may be able to provide the equivalent of 650 GL per year of water, reducing the quantity of water access rights the Commonwealth will need to acquire to ‘bridge the gap’.
(c) where constraints on the capacity to deliver environmental water are removed or eased—available environmental water can be used to maximum effect; and
(d) enhanced economic, social and environmental outcomes compared with the benchmark environmental outcomes and benchmark conditions of development can be achieved for the Murray‑Darling Basin, including through more efficient water use, improved river operations, improved outcomes for the River Murray floodplain, River Murray river water quality, estuarine health, Murray Mouth opening, higher average lake levels and increased in‑stream flows and variability; and
(e) the easing or removal of constraints and the addition of 450 GL per year of environmental water above the 2750 GL benchmark conditions of development, under the Commonwealth’s program, allow the enhanced environmental outcomes as set out in Schedule 5 to be pursued as compared to the benchmark environmental outcomes.
Note 1: The Commonwealth program to ease or remove capacity constraints and deliver 450 GL of additional environmental water is to improve the environmental outcomes beyond those achievable under the 2750 GL benchmark by a further 450 GL and thus pursue the environmental outcomes set out in Schedule 5 that reflect the results of the 3200 GL per year modelling with relaxed constraints scenario reported in: MDBA (Murray‑Darling Basin Authority) 2012, Hydrologic modelling of the relaxation of operational constraints in the southern connected system: Methods and results, MDBA publication no: 76/12, Murray‑Darling Basin Authority, Canberra. http://download.mdba.gov.au/altered‑PBP/Hydrologic‑modelling‑relaxed‑constraints‑October‑2012.pdf
Note 2: The Commonwealth’s program referred to in paragraph (e) includes the program that is expected to spend $1.77 billion by 31 December 2027 under the Water for the Environment Special Account.
(1) If the Authority has received a notification of measures under subsection 7.12(1) or (1A), it must, as soon as practicable after 30 June 2017 and no later than 15 December 2017:
(a) for each affected unit, determine the amounts of proposed adjustments resulting from the notified measures in accordance with Division 4; and
(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
Note: Under section 23B of the Act, the Authority is then required to prepare appropriate amendments of the Basin Plan, for adoption by the Minister.
(1) If it appears to the Authority that a new determination of the appropriate adjustment amounts, made in accordance with Division 4, resulting from the effects, as at 31 December 2026, of the following:
would produce adjusted SDLs for one or more SDL resource units different from those that resulted from the determination made for the purpose of section 7.10, the Authority must, by that date:
(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
Note 1: Since the adjustments to the SDLs proposed under section 7.10 were made to the Basin Plan, there has been a further set of adjustments made by the Water Amendment (Restoring Our Rivers) Act 2023, as well as changes to Division 4.
Note 2: Under section 23B of the Act, the Authority is then required to prepare appropriate amendments of the Basin Plan, for adoption by the Minister.
Note 3: This section might apply if, for example, a notified measure has been withdrawn or an additional supply or efficiency measure has been notified, or an additional HEW entitlement has been registered.
(1) The Basin Officials Committee may, by 30 June 2016, notify the Authority of 1 or more supply measures or efficiency measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.10 or 7.11.
(1A) The Basin Officials Committee may, after 30 June 2016 but on or before 30 June 2017, notify the Authority of 1 or more supply measures or efficiency measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.10 or 7.11.
(2) The person (the Basin State or Commonwealth) funding or undertaking an efficiency measure may, after 30 June 2017 but on or before 30 June 2025, notify the Authority of 1 or more efficiency measures that, in the view of the person, should be taken into account in proposing adjustments under section 7.11.
(2A) The Basin Officials Committee may, on or before 30 June 2025, notify the Authority of 1 or more supply measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.11.
(6) A notification must be amended by 30 June 2026 to withdraw a measure if it appears that the measure will not enter into operation by 31 December 2026.
(6A) A notification may be amended to withdraw the measure under subsection (6) by the person who notified the measure or by the Commonwealth.
(c) for each kind of entitlement for a surface water SDL resource unit—the long‑term average quantity of water, in GL per year, that is available under the entitlements of that kind from time to time.
(2) Until an adjustment is proposed under section 7.11, the register must include, for each surface water SDL resource unit, estimates of the likely:
(4) Subparagraphs (1)(b)(i) and (ii) apply to a water access entitlement whether it became held environmental water before or after the relevant measure was notified.
This Division sets out the steps the Authority must take to determine the amounts of adjustments to SDLs that it will propose because of the notified measures, the additional efficiency measures, the additional supply measures and the additional HEW entitlements.
(1) Subject to subsection (2), the Authority must determine the amounts of adjustments under this Division to the SDL for an SDL resource unit on the basis that the SDL resource unit shared reduction amount for the unit is the amount calculated under subsection 6.05(4).
(2) If a Basin State has made a re‑allocation adjustment request for this section, the Authority must determine the amounts of adjustments under this Division to the SDL for an SDL resource unit applying the SDL resource unit shared reduction amount requested by the State for that unit.
re‑allocation adjustment request means a request made by a Basin State to the Authority to adjust the SDL resource unit shared reduction amounts for SDL resource units that are within a zone mentioned in subsection 6.05(2), being a request that:
(i) was made before 1 July 2016, for the purposes of section 7.23 as it stood before the repeal of that section by the Basin Plan Amendment Instrument 2017 (No. 1), and has not been withdrawn or replaced by a request referred to in subparagraph (ii); or
(ii) was made between 1 July 2016 and 30 June 2017, and expressed to be made in anticipation of the insertion of this section by the Basin Plan Amendment Instrument 2017 (No. 1); and
(ii) no SDL resource unit has an SDL that is larger than would result from replacing its shared reduction amount with zero.
Note 1: The same SDL resource unit shared reduction amounts were used for the purpose of calculating the initial adjustments proposed in 2017 and will be used in any reconciliation adjustments in 2026.
(1) Subject to this Division, the total supply contribution of the notified measures is the total increase in the SDLs for all the units affected by notified supply measures or additional supply measures that will ensure that, calculated in accordance with the applicable method on the basis of:
(d) there are no detrimental impacts on reliability of supply of water to the holders of water access rights that are not offset or negated.
Note: The determination is based on the effect that the supply measures will have when they come into operation, whether or not they have done so by the time the measures are notified under section 7.12. The additional supply measures were not included in this provision at the time adjustments were proposed under section 7.10.
(b) if the Authority, having consulted the Basin Officials Committee, decides that another method is preferable—that method.
benchmark environmental outcomes means the environmental outcomes in the model that, in accordance with the applicable method, would be achieved if:
to the extent, if any, that the measure, at the time of the determination, is not expected to, or did not, come into effect by 30 June 2019.
(1) For a determination for the purpose of section 7.10, and subject to this Division, the efficiency contribution of the notified measures for each affected unit at a particular time is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is registered as being available under the efficiency entitlements for the unit.
Note 1: The efficiency contributions are expected to vary over time as relevant water access entitlements are acquired.
Note 2: The Authority will use long‑term diversion limit equivalent factors to convert water access entitlements into a common unit for the purpose of the determinations.
(2) For a determination for the purpose of section 7.11, and subject to this Division, the efficiency contribution of the notified measures and additional efficiency measures for each affected unit at a particular time is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is registered as being available under the efficiency entitlements and additional efficiency entitlements for the unit.
Note: Efficiency contributions will end on 31 December 2026. Under section 7.08B, the Minister may specify efficiency entitlements and additional efficiency entitlements acquired after 31 December 2026 as additional HEW entitlements.
(1) For a determination for the purpose of section 7.11, and subject to this Division, the additional HEW contribution of the additional HEW entitlements for each affected unit at a particular time is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is registered as being available under additional HEW entitlements for the unit.
Note 1: The additional HEW contributions are expected to vary over time as relevant water access rights, water delivery rights or irrigation rights are acquired.
Note 2: The Authority will use long‑term diversion limit equivalent factors to convert water access rights, water delivery rights and irrigation rights into a common unit for the purpose of the determinations.
(1) If, after calculating the total supply and efficiency contributions under sections 7.15 and 7.16, the Authority is not satisfied that a determination of proposed adjustments based on those amounts, disregarding the additional HEW entitlements mentioned in paragraph 7.11(1)(d), could be made under this Division that satisfies the criteria below, the Authority may reduce the total supply contribution, or the efficiency contribution for any affected unit, to a level at which such a determination could be made.
(a) The supply contributions to the proposed adjustments achieve equivalent environmental outcomes compared with the benchmark environmental outcomes.
(b) The efficiency contributions to the proposed adjustments achieve neutral or improved socio‑economic outcomes compared with the outcomes under benchmark conditions of development as evidenced by:
(i) the participation of consumptive water users in projects that recover water through works to improve irrigation water use efficiency on their farms; or
(ia) the participation of consumptive water users in projects that recover water through works to improve water use efficiency off‑farm; or
(ii) alternative arrangements proposed by a Basin State, assessed by that State as achieving water recovery with neutral or improved socio‑economic outcomes.
(c) Any processes approved by the Murray‑Darling Basin Ministerial Council for developing initiatives for satisfying these criteria, including opportunities for public consultation, have been observed.
The Authority must apportion the total supply contribution for the notified supply measures and additional supply measures to give each affected unit a supply contribution in a way that:
(b) complies with any agreement relating to the apportionment of supply contributions that has been reached by the Commonwealth and States.
If, at a particular time before the commencement of any adjustments proposed under section 7.11, the net effect of the total supply contribution, the total efficiency contribution and the total additional HEW contribution under sections 7.15 to 7.17 is an increase or decrease of more than 5% of the total surface water SDL for the Basin water resources as it stood at the reference time, the size of the supply contribution, the efficiency contribution and the additional HEW contribution for each affected unit are reduced in proportion so that the net effect is equal to that amount.
Note: This section allows a supply contribution, an efficiency contribution or an additional HEW contribution of more than 5% of total surface water SDL to each be given full effect in an adjustment, provided that the net effect across the Basin is within the 5% limit.
Note: Some of the supply measures may not be operating by that date. The determination is based on the effect that they will have when they have come into operation by 2024.
(a) an adjustment of the SDL for each affected unit equal to the net effect of supply and efficiency contributions for the unit; and
(b) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
(4) A proposed adjustment must be in the form of a formula as a function of time, either varying continuously or changing at specified times, that reflects the changes up until 30 June 2024 of:
(A) the notified measures, the additional supply measures, the additional efficiency measures and the additional HEW entitlements as determined for subsection (2); and
(b) calculate, for each affected unit, the difference between the 2017 SDLs as they would be if adjusted by the overall adjustments, and the current SDLs (the difference for the unit); and
(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
(4) An amendment to give effect to the proposed adjustments must be in the form of an amendment to the Basin Plan that would result in the SDL for each affected unit being expressed as:
(b) the varying HEW contribution, in the form of a formula as a function of time, either varying continuously or changing at specified times from 31 December 2026 onward.
2017 SDL, for a SDL resource unit, means the SDL that applied immediately before the adjustments made as a result of a proposal under section 7.10.
varying HEW contribution for an SDL resource unit, at any time after 31 December 2026, is the difference between the additional HEW contributions shown on the register as being available for the unit at that time, and the additional HEW contributions determined for paragraph (2)(c).
First notification of supply measures or First notification of supply measures or efficiency measures
(1) The Basin Officials Committee may, by 30 June 2016, notify the Authority of 1 or more supply measures or efficiency measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.10 or 7.11.
Second notification of supply measures o Second notification of supply measures or efficiency measures
(1A) The Basin Officials Committee may, after 30 June 2016 but on or before 30 June 2017, notify the Authority of 1 or more supply measures or efficiency measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.10 or 7.11.
Notification of additional efficiency me Notification of additional efficiency measures
(2) The person (the Basin State or Commonwealth) funding or undertaking an efficiency measure may, after 30 June 2017 but on or before 30 June 2025, notify the Authority of 1 or more efficiency measures that, in the view of the person, should be taken into account in proposing adjustments under section 7.11.
Notification of additional supply measur Notification of additional supply measures
(2A) The Basin Officials Committee may, on or before 30 June 2025, notify the Authority of 1 or more supply measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.11.
Requirements for all notifications Requirements for all notifications
(6) A notification must be amended by 30 June 2026 to withdraw a measure if it appears that the measure will not enter into operation by 31 December 2026.
(6A) A notification may be amended to withdraw the measure under subsection (6) by the person who notified the measure or by the Commonwealth.
7.13 Register of measures
(c) for each kind of entitlement for a surface water SDL resource unit—the long‑term average quantity of water, in GL per year, that is available under the entitlements of that kind from time to time.
(2) Until an adjustment is proposed under section 7.11, the register must include, for each surface water SDL resource unit, estimates of the likely:
(4) Subparagraphs (1)(b)(i) and (ii) apply to a water access entitlement whether it became held environmental water before or after the relevant measure was notified.
Division 4 Determining amounts of adjustments
(a) for efficiency measures—environmental outcomes are increased while maintaining or improving social and economic outcomes; and
(b) for supply measures—equivalent environmental outcomes are achieved with a lower volume of held environmental water than would otherwise be required; and
Note: Some jurisdictions anticipate that such measures may be able to provide the equivalent of 650 GL per year of water, reducing the quantity of water access rights the Commonwealth will need to acquire to ‘bridge the gap’.
(c) where constraints on the capacity to deliver environmental water are removed or eased—available environmental water can be used to maximum effect; and
(d) enhanced economic, social and environmental outcomes compared with the benchmark environmental outcomes and benchmark conditions of development can be achieved for the Murray‑Darling Basin, including through more efficient water use, improved river operations, improved outcomes for the River Murray floodplain, River Murray river water quality, estuarine health, Murray Mouth opening, higher average lake levels and increased in‑stream flows and variability; and
(e) the easing or removal of constraints and the addition of 450 GL per year of environmental water above the 2750 GL benchmark conditions of development, under the Commonwealth’s program, allow the enhanced environmental outcomes as set out in Schedule 5 to be pursued as compared to the benchmark environmental outcomes.
Note 1: The Commonwealth program to ease or remove capacity constraints and deliver 450 GL of additional environmental water is to improve the environmental outcomes beyond those achievable under the 2750 GL benchmark by a further 450 GL and thus pursue the environmental outcomes set out in Schedule 5 that reflect the results of the 3200 GL per year modelling with relaxed constraints scenario reported in: MDBA (Murray‑Darling Basin Authority) 2012, Hydrologic modelling of the relaxation of operational constraints in the southern connected system: Methods and results, MDBA publication no: 76/12, Murray‑Darling Basin Authority, Canberra. http://download.mdba.gov.au/altered‑PBP/Hydrologic‑modelling‑relaxed‑constraints‑October‑2012.pdf
Note 2: The Commonwealth’s program referred to in paragraph (e) includes the program that is expected to spend $1.77 billion by 31 December 2027 under the Water for the Environment Special Account.
(1) If the Authority has received a notification of measures under subsection 7.12(1) or (1A), it must, as soon as practicable after 30 June 2017 and no later than 15 December 2017:
(a) for each affected unit, determine the amounts of proposed adjustments resulting from the notified measures in accordance with Division 4; and
(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
Note: Under section 23B of the Act, the Authority is then required to prepare appropriate amendments of the Basin Plan, for adoption by the Minister.
(1) If it appears to the Authority that a new determination of the appropriate adjustment amounts, made in accordance with Division 4, resulting from the effects, as at 31 December 2026, of the following:
would produce adjusted SDLs for one or more SDL resource units different from those that resulted from the determination made for the purpose of section 7.10, the Authority must, by that date:
(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
Note 1: Since the adjustments to the SDLs proposed under section 7.10 were made to the Basin Plan, there has been a further set of adjustments made by the Water Amendment (Restoring Our Rivers) Act 2023, as well as changes to Division 4.
Note 2: Under section 23B of the Act, the Authority is then required to prepare appropriate amendments of the Basin Plan, for adoption by the Minister.
Note 3: This section might apply if, for example, a notified measure has been withdrawn or an additional supply or efficiency measure has been notified, or an additional HEW entitlement has been registered.
(1) The Basin Officials Committee may, by 30 June 2016, notify the Authority of 1 or more supply measures or efficiency measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.10 or 7.11.
(1A) The Basin Officials Committee may, after 30 June 2016 but on or before 30 June 2017, notify the Authority of 1 or more supply measures or efficiency measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.10 or 7.11.
(2) The person (the Basin State or Commonwealth) funding or undertaking an efficiency measure may, after 30 June 2017 but on or before 30 June 2025, notify the Authority of 1 or more efficiency measures that, in the view of the person, should be taken into account in proposing adjustments under section 7.11.
(2A) The Basin Officials Committee may, on or before 30 June 2025, notify the Authority of 1 or more supply measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.11.
(6) A notification must be amended by 30 June 2026 to withdraw a measure if it appears that the measure will not enter into operation by 31 December 2026.
(6A) A notification may be amended to withdraw the measure under subsection (6) by the person who notified the measure or by the Commonwealth.
(c) for each kind of entitlement for a surface water SDL resource unit—the long‑term average quantity of water, in GL per year, that is available under the entitlements of that kind from time to time.
(2) Until an adjustment is proposed under section 7.11, the register must include, for each surface water SDL resource unit, estimates of the likely:
(4) Subparagraphs (1)(b)(i) and (ii) apply to a water access entitlement whether it became held environmental water before or after the relevant measure was notified.
This Division sets out the steps the Authority must take to determine the amounts of adjustments to SDLs that it will propose because of the notified measures, the additional efficiency measures, the additional supply measures and the additional HEW entitlements.
(1) Subject to subsection (2), the Authority must determine the amounts of adjustments under this Division to the SDL for an SDL resource unit on the basis that the SDL resource unit shared reduction amount for the unit is the amount calculated under subsection 6.05(4).
(2) If a Basin State has made a re‑allocation adjustment request for this section, the Authority must determine the amounts of adjustments under this Division to the SDL for an SDL resource unit applying the SDL resource unit shared reduction amount requested by the State for that unit.
re‑allocation adjustment request means a request made by a Basin State to the Authority to adjust the SDL resource unit shared reduction amounts for SDL resource units that are within a zone mentioned in subsection 6.05(2), being a request that:
(i) was made before 1 July 2016, for the purposes of section 7.23 as it stood before the repeal of that section by the Basin Plan Amendment Instrument 2017 (No. 1), and has not been withdrawn or replaced by a request referred to in subparagraph (ii); or
(ii) was made between 1 July 2016 and 30 June 2017, and expressed to be made in anticipation of the insertion of this section by the Basin Plan Amendment Instrument 2017 (No. 1); and
(ii) no SDL resource unit has an SDL that is larger than would result from replacing its shared reduction amount with zero.
Note 1: The same SDL resource unit shared reduction amounts were used for the purpose of calculating the initial adjustments proposed in 2017 and will be used in any reconciliation adjustments in 2026.
(1) Subject to this Division, the total supply contribution of the notified measures is the total increase in the SDLs for all the units affected by notified supply measures or additional supply measures that will ensure that, calculated in accordance with the applicable method on the basis of:
(d) there are no detrimental impacts on reliability of supply of water to the holders of water access rights that are not offset or negated.
Note: The determination is based on the effect that the supply measures will have when they come into operation, whether or not they have done so by the time the measures are notified under section 7.12. The additional supply measures were not included in this provision at the time adjustments were proposed under section 7.10.
(b) if the Authority, having consulted the Basin Officials Committee, decides that another method is preferable—that method.
benchmark environmental outcomes means the environmental outcomes in the model that, in accordance with the applicable method, would be achieved if:
to the extent, if any, that the measure, at the time of the determination, is not expected to, or did not, come into effect by 30 June 2019.
(1) For a determination for the purpose of section 7.10, and subject to this Division, the efficiency contribution of the notified measures for each affected unit at a particular time is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is registered as being available under the efficiency entitlements for the unit.
Note 1: The efficiency contributions are expected to vary over time as relevant water access entitlements are acquired.
Note 2: The Authority will use long‑term diversion limit equivalent factors to convert water access entitlements into a common unit for the purpose of the determinations.
(2) For a determination for the purpose of section 7.11, and subject to this Division, the efficiency contribution of the notified measures and additional efficiency measures for each affected unit at a particular time is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is registered as being available under the efficiency entitlements and additional efficiency entitlements for the unit.
Note: Efficiency contributions will end on 31 December 2026. Under section 7.08B, the Minister may specify efficiency entitlements and additional efficiency entitlements acquired after 31 December 2026 as additional HEW entitlements.
(1) For a determination for the purpose of section 7.11, and subject to this Division, the additional HEW contribution of the additional HEW entitlements for each affected unit at a particular time is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is registered as being available under additional HEW entitlements for the unit.
Note 1: The additional HEW contributions are expected to vary over time as relevant water access rights, water delivery rights or irrigation rights are acquired.
Note 2: The Authority will use long‑term diversion limit equivalent factors to convert water access rights, water delivery rights and irrigation rights into a common unit for the purpose of the determinations.
(1) If, after calculating the total supply and efficiency contributions under sections 7.15 and 7.16, the Authority is not satisfied that a determination of proposed adjustments based on those amounts, disregarding the additional HEW entitlements mentioned in paragraph 7.11(1)(d), could be made under this Division that satisfies the criteria below, the Authority may reduce the total supply contribution, or the efficiency contribution for any affected unit, to a level at which such a determination could be made.
(a) The supply contributions to the proposed adjustments achieve equivalent environmental outcomes compared with the benchmark environmental outcomes.
(b) The efficiency contributions to the proposed adjustments achieve neutral or improved socio‑economic outcomes compared with the outcomes under benchmark conditions of development as evidenced by:
(i) the participation of consumptive water users in projects that recover water through works to improve irrigation water use efficiency on their farms; or
(ia) the participation of consumptive water users in projects that recover water through works to improve water use efficiency off‑farm; or
(ii) alternative arrangements proposed by a Basin State, assessed by that State as achieving water recovery with neutral or improved socio‑economic outcomes.
(c) Any processes approved by the Murray‑Darling Basin Ministerial Council for developing initiatives for satisfying these criteria, including opportunities for public consultation, have been observed.
The Authority must apportion the total supply contribution for the notified supply measures and additional supply measures to give each affected unit a supply contribution in a way that:
(b) complies with any agreement relating to the apportionment of supply contributions that has been reached by the Commonwealth and States.
If, at a particular time before the commencement of any adjustments proposed under section 7.11, the net effect of the total supply contribution, the total efficiency contribution and the total additional HEW contribution under sections 7.15 to 7.17 is an increase or decrease of more than 5% of the total surface water SDL for the Basin water resources as it stood at the reference time, the size of the supply contribution, the efficiency contribution and the additional HEW contribution for each affected unit are reduced in proportion so that the net effect is equal to that amount.
Note: This section allows a supply contribution, an efficiency contribution or an additional HEW contribution of more than 5% of total surface water SDL to each be given full effect in an adjustment, provided that the net effect across the Basin is within the 5% limit.
Note: Some of the supply measures may not be operating by that date. The determination is based on the effect that they will have when they have come into operation by 2024.
(a) an adjustment of the SDL for each affected unit equal to the net effect of supply and efficiency contributions for the unit; and
(b) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
(4) A proposed adjustment must be in the form of a formula as a function of time, either varying continuously or changing at specified times, that reflects the changes up until 30 June 2024 of:
(A) the notified measures, the additional supply measures, the additional efficiency measures and the additional HEW entitlements as determined for subsection (2); and
(b) calculate, for each affected unit, the difference between the 2017 SDLs as they would be if adjusted by the overall adjustments, and the current SDLs (the difference for the unit); and
(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
(4) An amendment to give effect to the proposed adjustments must be in the form of an amendment to the Basin Plan that would result in the SDL for each affected unit being expressed as:
(b) the varying HEW contribution, in the form of a formula as a function of time, either varying continuously or changing at specified times from 31 December 2026 onward.
2017 SDL, for a SDL resource unit, means the SDL that applied immediately before the adjustments made as a result of a proposal under section 7.10.
varying HEW contribution for an SDL resource unit, at any time after 31 December 2026, is the difference between the additional HEW contributions shown on the register as being available for the unit at that time, and the additional HEW contributions determined for paragraph (2)(c).
7.14 Preliminary
This Division sets out the steps the Authority must take to determine the amounts of adjustments to SDLs that it will propose because of the notified measures, the additional efficiency measures, the additional supply measures and the additional HEW entitlements.
7.14A Shared reduction amounts to be app 7.14A Shared reduction amounts to be applied in determining adjustments
(1) Subject to subsection (2), the Authority must determine the amounts of adjustments under this Division to the SDL for an SDL resource unit on the basis that the SDL resource unit shared reduction amount for the unit is the amount calculated under subsection 6.05(4).
(2) If a Basin State has made a re‑allocation adjustment request for this section, the Authority must determine the amounts of adjustments under this Division to the SDL for an SDL resource unit applying the SDL resource unit shared reduction amount requested by the State for that unit.
re‑allocation adjustment request means a request made by a Basin State to the Authority to adjust the SDL resource unit shared reduction amounts for SDL resource units that are within a zone mentioned in subsection 6.05(2), being a request that:
(i) was made before 1 July 2016, for the purposes of section 7.23 as it stood before the repeal of that section by the Basin Plan Amendment Instrument 2017 (No. 1), and has not been withdrawn or replaced by a request referred to in subparagraph (ii); or
(ii) was made between 1 July 2016 and 30 June 2017, and expressed to be made in anticipation of the insertion of this section by the Basin Plan Amendment Instrument 2017 (No. 1); and
(ii) no SDL resource unit has an SDL that is larger than would result from replacing its shared reduction amount with zero.
Note 1: The same SDL resource unit shared reduction amounts were used for the purpose of calculating the initial adjustments proposed in 2017 and will be used in any reconciliation adjustments in 2026.
7.15 Contribution to adjustments from supply measures
(1) Subject to this Division, the total supply contribution of the notified measures is the total increase in the SDLs for all the units affected by notified supply measures or additional supply measures that will ensure that, calculated in accordance with the applicable method on the basis of:
(d) there are no detrimental impacts on reliability of supply of water to the holders of water access rights that are not offset or negated.
Note: The determination is based on the effect that the supply measures will have when they come into operation, whether or not they have done so by the time the measures are notified under section 7.12. The additional supply measures were not included in this provision at the time adjustments were proposed under section 7.10.
(b) if the Authority, having consulted the Basin Officials Committee, decides that another method is preferable—that method.
benchmark environmental outcomes means the environmental outcomes in the model that, in accordance with the applicable method, would be achieved if:
to the extent, if any, that the measure, at the time of the determination, is not expected to, or did not, come into effect by 30 June 2019.
7.16 Contribution to adjustments from efficiency measures
(a) for efficiency measures—environmental outcomes are increased while maintaining or improving social and economic outcomes; and
(b) for supply measures—equivalent environmental outcomes are achieved with a lower volume of held environmental water than would otherwise be required; and
Note: Some jurisdictions anticipate that such measures may be able to provide the equivalent of 650 GL per year of water, reducing the quantity of water access rights the Commonwealth will need to acquire to ‘bridge the gap’.
(c) where constraints on the capacity to deliver environmental water are removed or eased—available environmental water can be used to maximum effect; and
(d) enhanced economic, social and environmental outcomes compared with the benchmark environmental outcomes and benchmark conditions of development can be achieved for the Murray‑Darling Basin, including through more efficient water use, improved river operations, improved outcomes for the River Murray floodplain, River Murray river water quality, estuarine health, Murray Mouth opening, higher average lake levels and increased in‑stream flows and variability; and
(e) the easing or removal of constraints and the addition of 450 GL per year of environmental water above the 2750 GL benchmark conditions of development, under the Commonwealth’s program, allow the enhanced environmental outcomes as set out in Schedule 5 to be pursued as compared to the benchmark environmental outcomes.
Note 1: The Commonwealth program to ease or remove capacity constraints and deliver 450 GL of additional environmental water is to improve the environmental outcomes beyond those achievable under the 2750 GL benchmark by a further 450 GL and thus pursue the environmental outcomes set out in Schedule 5 that reflect the results of the 3200 GL per year modelling with relaxed constraints scenario reported in: MDBA (Murray‑Darling Basin Authority) 2012, Hydrologic modelling of the relaxation of operational constraints in the southern connected system: Methods and results, MDBA publication no: 76/12, Murray‑Darling Basin Authority, Canberra. http://download.mdba.gov.au/altered‑PBP/Hydrologic‑modelling‑relaxed‑constraints‑October‑2012.pdf
Note 2: The Commonwealth’s program referred to in paragraph (e) includes the program that is expected to spend $1.77 billion by 31 December 2027 under the Water for the Environment Special Account.
(1) If the Authority has received a notification of measures under subsection 7.12(1) or (1A), it must, as soon as practicable after 30 June 2017 and no later than 15 December 2017:
(a) for each affected unit, determine the amounts of proposed adjustments resulting from the notified measures in accordance with Division 4; and
(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
Note: Under section 23B of the Act, the Authority is then required to prepare appropriate amendments of the Basin Plan, for adoption by the Minister.
(1) If it appears to the Authority that a new determination of the appropriate adjustment amounts, made in accordance with Division 4, resulting from the effects, as at 31 December 2026, of the following:
would produce adjusted SDLs for one or more SDL resource units different from those that resulted from the determination made for the purpose of section 7.10, the Authority must, by that date:
(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
Note 1: Since the adjustments to the SDLs proposed under section 7.10 were made to the Basin Plan, there has been a further set of adjustments made by the Water Amendment (Restoring Our Rivers) Act 2023, as well as changes to Division 4.
Note 2: Under section 23B of the Act, the Authority is then required to prepare appropriate amendments of the Basin Plan, for adoption by the Minister.
Note 3: This section might apply if, for example, a notified measure has been withdrawn or an additional supply or efficiency measure has been notified, or an additional HEW entitlement has been registered.
(1) The Basin Officials Committee may, by 30 June 2016, notify the Authority of 1 or more supply measures or efficiency measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.10 or 7.11.
(1A) The Basin Officials Committee may, after 30 June 2016 but on or before 30 June 2017, notify the Authority of 1 or more supply measures or efficiency measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.10 or 7.11.
(2) The person (the Basin State or Commonwealth) funding or undertaking an efficiency measure may, after 30 June 2017 but on or before 30 June 2025, notify the Authority of 1 or more efficiency measures that, in the view of the person, should be taken into account in proposing adjustments under section 7.11.
(2A) The Basin Officials Committee may, on or before 30 June 2025, notify the Authority of 1 or more supply measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.11.
(6) A notification must be amended by 30 June 2026 to withdraw a measure if it appears that the measure will not enter into operation by 31 December 2026.
(6A) A notification may be amended to withdraw the measure under subsection (6) by the person who notified the measure or by the Commonwealth.
(c) for each kind of entitlement for a surface water SDL resource unit—the long‑term average quantity of water, in GL per year, that is available under the entitlements of that kind from time to time.
(2) Until an adjustment is proposed under section 7.11, the register must include, for each surface water SDL resource unit, estimates of the likely:
(4) Subparagraphs (1)(b)(i) and (ii) apply to a water access entitlement whether it became held environmental water before or after the relevant measure was notified.
This Division sets out the steps the Authority must take to determine the amounts of adjustments to SDLs that it will propose because of the notified measures, the additional efficiency measures, the additional supply measures and the additional HEW entitlements.
(1) Subject to subsection (2), the Authority must determine the amounts of adjustments under this Division to the SDL for an SDL resource unit on the basis that the SDL resource unit shared reduction amount for the unit is the amount calculated under subsection 6.05(4).
(2) If a Basin State has made a re‑allocation adjustment request for this section, the Authority must determine the amounts of adjustments under this Division to the SDL for an SDL resource unit applying the SDL resource unit shared reduction amount requested by the State for that unit.
re‑allocation adjustment request means a request made by a Basin State to the Authority to adjust the SDL resource unit shared reduction amounts for SDL resource units that are within a zone mentioned in subsection 6.05(2), being a request that:
(i) was made before 1 July 2016, for the purposes of section 7.23 as it stood before the repeal of that section by the Basin Plan Amendment Instrument 2017 (No. 1), and has not been withdrawn or replaced by a request referred to in subparagraph (ii); or
(ii) was made between 1 July 2016 and 30 June 2017, and expressed to be made in anticipation of the insertion of this section by the Basin Plan Amendment Instrument 2017 (No. 1); and
(ii) no SDL resource unit has an SDL that is larger than would result from replacing its shared reduction amount with zero.
Note 1: The same SDL resource unit shared reduction amounts were used for the purpose of calculating the initial adjustments proposed in 2017 and will be used in any reconciliation adjustments in 2026.
(1) Subject to this Division, the total supply contribution of the notified measures is the total increase in the SDLs for all the units affected by notified supply measures or additional supply measures that will ensure that, calculated in accordance with the applicable method on the basis of:
(d) there are no detrimental impacts on reliability of supply of water to the holders of water access rights that are not offset or negated.
Note: The determination is based on the effect that the supply measures will have when they come into operation, whether or not they have done so by the time the measures are notified under section 7.12. The additional supply measures were not included in this provision at the time adjustments were proposed under section 7.10.
(b) if the Authority, having consulted the Basin Officials Committee, decides that another method is preferable—that method.
benchmark environmental outcomes means the environmental outcomes in the model that, in accordance with the applicable method, would be achieved if:
to the extent, if any, that the measure, at the time of the determination, is not expected to, or did not, come into effect by 30 June 2019.
(1) For a determination for the purpose of section 7.10, and subject to this Division, the efficiency contribution of the notified measures for each affected unit at a particular time is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is registered as being available under the efficiency entitlements for the unit.
Note 1: The efficiency contributions are expected to vary over time as relevant water access entitlements are acquired.
Note 2: The Authority will use long‑term diversion limit equivalent factors to convert water access entitlements into a common unit for the purpose of the determinations.
(2) For a determination for the purpose of section 7.11, and subject to this Division, the efficiency contribution of the notified measures and additional efficiency measures for each affected unit at a particular time is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is registered as being available under the efficiency entitlements and additional efficiency entitlements for the unit.
Note: Efficiency contributions will end on 31 December 2026. Under section 7.08B, the Minister may specify efficiency entitlements and additional efficiency entitlements acquired after 31 December 2026 as additional HEW entitlements.
(1) For a determination for the purpose of section 7.11, and subject to this Division, the additional HEW contribution of the additional HEW entitlements for each affected unit at a particular time is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is registered as being available under additional HEW entitlements for the unit.
Note 1: The additional HEW contributions are expected to vary over time as relevant water access rights, water delivery rights or irrigation rights are acquired.
Note 2: The Authority will use long‑term diversion limit equivalent factors to convert water access rights, water delivery rights and irrigation rights into a common unit for the purpose of the determinations.
(1) If, after calculating the total supply and efficiency contributions under sections 7.15 and 7.16, the Authority is not satisfied that a determination of proposed adjustments based on those amounts, disregarding the additional HEW entitlements mentioned in paragraph 7.11(1)(d), could be made under this Division that satisfies the criteria below, the Authority may reduce the total supply contribution, or the efficiency contribution for any affected unit, to a level at which such a determination could be made.
(a) The supply contributions to the proposed adjustments achieve equivalent environmental outcomes compared with the benchmark environmental outcomes.
(b) The efficiency contributions to the proposed adjustments achieve neutral or improved socio‑economic outcomes compared with the outcomes under benchmark conditions of development as evidenced by:
(i) the participation of consumptive water users in projects that recover water through works to improve irrigation water use efficiency on their farms; or
(ia) the participation of consumptive water users in projects that recover water through works to improve water use efficiency off‑farm; or
(ii) alternative arrangements proposed by a Basin State, assessed by that State as achieving water recovery with neutral or improved socio‑economic outcomes.
(c) Any processes approved by the Murray‑Darling Basin Ministerial Council for developing initiatives for satisfying these criteria, including opportunities for public consultation, have been observed.
The Authority must apportion the total supply contribution for the notified supply measures and additional supply measures to give each affected unit a supply contribution in a way that:
(b) complies with any agreement relating to the apportionment of supply contributions that has been reached by the Commonwealth and States.
If, at a particular time before the commencement of any adjustments proposed under section 7.11, the net effect of the total supply contribution, the total efficiency contribution and the total additional HEW contribution under sections 7.15 to 7.17 is an increase or decrease of more than 5% of the total surface water SDL for the Basin water resources as it stood at the reference time, the size of the supply contribution, the efficiency contribution and the additional HEW contribution for each affected unit are reduced in proportion so that the net effect is equal to that amount.
Note: This section allows a supply contribution, an efficiency contribution or an additional HEW contribution of more than 5% of total surface water SDL to each be given full effect in an adjustment, provided that the net effect across the Basin is within the 5% limit.
Note: Some of the supply measures may not be operating by that date. The determination is based on the effect that they will have when they have come into operation by 2024.
(a) an adjustment of the SDL for each affected unit equal to the net effect of supply and efficiency contributions for the unit; and
(b) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
(4) A proposed adjustment must be in the form of a formula as a function of time, either varying continuously or changing at specified times, that reflects the changes up until 30 June 2024 of:
(A) the notified measures, the additional supply measures, the additional efficiency measures and the additional HEW entitlements as determined for subsection (2); and
(b) calculate, for each affected unit, the difference between the 2017 SDLs as they would be if adjusted by the overall adjustments, and the current SDLs (the difference for the unit); and
(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
(4) An amendment to give effect to the proposed adjustments must be in the form of an amendment to the Basin Plan that would result in the SDL for each affected unit being expressed as:
(b) the varying HEW contribution, in the form of a formula as a function of time, either varying continuously or changing at specified times from 31 December 2026 onward.
2017 SDL, for a SDL resource unit, means the SDL that applied immediately before the adjustments made as a result of a proposal under section 7.10.
varying HEW contribution for an SDL resource unit, at any time after 31 December 2026, is the difference between the additional HEW contributions shown on the register as being available for the unit at that time, and the additional HEW contributions determined for paragraph (2)(c).
Efficiency contribution for 2017 determi Efficiency contribution for 2017 determination
(1) For a determination for the purpose of section 7.10, and subject to this Division, the efficiency contribution of the notified measures for each affected unit at a particular time is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is registered as being available under the efficiency entitlements for the unit.
Note 1: The efficiency contributions are expected to vary over time as relevant water access entitlements are acquired.
Note 2: The Authority will use long‑term diversion limit equivalent factors to convert water access entitlements into a common unit for the purpose of the determinations.
Efficiency contribution for 2026 determi Efficiency contribution for 2026 determination
(2) For a determination for the purpose of section 7.11, and subject to this Division, the efficiency contribution of the notified measures and additional efficiency measures for each affected unit at a particular time is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is registered as being available under the efficiency entitlements and additional efficiency entitlements for the unit.
Note: Efficiency contributions will end on 31 December 2026. Under section 7.08B, the Minister may specify efficiency entitlements and additional efficiency entitlements acquired after 31 December 2026 as additional HEW entitlements.
7.16A Contribution to adjustments from a 7.16A Contribution to adjustments from additional HEW entitlements
(1) For a determination for the purpose of section 7.11, and subject to this Division, the additional HEW contribution of the additional HEW entitlements for each affected unit at a particular time is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is registered as being available under additional HEW entitlements for the unit.
Note 1: The additional HEW contributions are expected to vary over time as relevant water access rights, water delivery rights or irrigation rights are acquired.
Note 2: The Authority will use long‑term diversion limit equivalent factors to convert water access rights, water delivery rights and irrigation rights into a common unit for the purpose of the determinations.
7.17 Ensuring that criteria for amounts of adjustments are satisfied
(1) If, after calculating the total supply and efficiency contributions under sections 7.15 and 7.16, the Authority is not satisfied that a determination of proposed adjustments based on those amounts, disregarding the additional HEW entitlements mentioned in paragraph 7.11(1)(d), could be made under this Division that satisfies the criteria below, the Authority may reduce the total supply contribution, or the efficiency contribution for any affected unit, to a level at which such a determination could be made.
(a) The supply contributions to the proposed adjustments achieve equivalent environmental outcomes compared with the benchmark environmental outcomes.
Neutral or improved socio‑economic outco Neutral or improved socio‑economic outcomes
(b) The efficiency contributions to the proposed adjustments achieve neutral or improved socio‑economic outcomes compared with the outcomes under benchmark conditions of development as evidenced by:
(i) the participation of consumptive water users in projects that recover water through works to improve irrigation water use efficiency on their farms; or
(ia) the participation of consumptive water users in projects that recover water through works to improve water use efficiency off‑farm; or
(ii) alternative arrangements proposed by a Basin State, assessed by that State as achieving water recovery with neutral or improved socio‑economic outcomes.
Use of approval process Use of approval process
(c) Any processes approved by the Murray‑Darling Basin Ministerial Council for developing initiatives for satisfying these criteria, including opportunities for public consultation, have been observed.
7.18 Apportionment of supply contribution to affected units
The Authority must apportion the total supply contribution for the notified supply measures and additional supply measures to give each affected unit a supply contribution in a way that:
(b) complies with any agreement relating to the apportionment of supply contributions that has been reached by the Commonwealth and States.
7.19 Overall limitation on size of adjustment amounts
If, at a particular time before the commencement of any adjustments proposed under section 7.11, the net effect of the total supply contribution, the total efficiency contribution and the total additional HEW contribution under sections 7.15 to 7.17 is an increase or decrease of more than 5% of the total surface water SDL for the Basin water resources as it stood at the reference time, the size of the supply contribution, the efficiency contribution and the additional HEW contribution for each affected unit are reduced in proportion so that the net effect is equal to that amount.
Note: This section allows a supply contribution, an efficiency contribution or an additional HEW contribution of more than 5% of total surface water SDL to each be given full effect in an adjustment, provided that the net effect across the Basin is within the 5% limit.
7.20 Final determination of amounts in 2017
Note: Some of the supply measures may not be operating by that date. The determination is based on the effect that they will have when they have come into operation by 2024.
(a) an adjustment of the SDL for each affected unit equal to the net effect of supply and efficiency contributions for the unit; and
(b) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
(4) A proposed adjustment must be in the form of a formula as a function of time, either varying continuously or changing at specified times, that reflects the changes up until 30 June 2024 of:
7.21 Final determination of amounts in 2026
(A) the notified measures, the additional supply measures, the additional efficiency measures and the additional HEW entitlements as determined for subsection (2); and
(b) calculate, for each affected unit, the difference between the 2017 SDLs as they would be if adjusted by the overall adjustments, and the current SDLs (the difference for the unit); and
(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.
(4) An amendment to give effect to the proposed adjustments must be in the form of an amendment to the Basin Plan that would result in the SDL for each affected unit being expressed as:
(b) the varying HEW contribution, in the form of a formula as a function of time, either varying continuously or changing at specified times from 31 December 2026 onward.
2017 SDL, for a SDL resource unit, means the SDL that applied immediately before the adjustments made as a result of a proposal under section 7.10.
varying HEW contribution for an SDL resource unit, at any time after 31 December 2026, is the difference between the additional HEW contributions shown on the register as being available for the unit at that time, and the additional HEW contributions determined for paragraph (2)(c).
Part 4 Adjustments relating to groundwater
Part 4—Adjustments relating to groundwater
7.24 Objective
The objective for this Part is to allow SDLs for groundwater SDL resource units to be adjusted to reflect new or improved information about their groundwater resources.
7.25 Adjustments relating to groundwater
(1) The Authority may propose, under section 23A of the Act, an adjustment of the SDL for a groundwater SDL resource unit if better information becomes available about the groundwater resources of the unit and the factors relevant to setting the SDL, in particular information about:
(a) recharge rates; or
(b) connectivity with surface water; or
(c) usage patterns; or
(d) Basin State policy and planning settings.
(2) In determining the amount of the proposed adjustment, the Authority must be satisfied that, in the light of the better information, the SDL for the unit:
(a) may be increased by the amount of the proposed adjustment and still represent an environmentally sustainable level of take; or
(b) should be decreased by the amount of the proposed adjustment to represent an environmentally sustainable level of take.
Note: Under section 23B of the Act, the Authority is then required to prepare appropriate amendments of the Basin Plan, for adoption by the Minister.
(3) A proposal in accordance with this section may be made as soon as practicable after 30 June 2016, or at any time after 30 June 2019.
7.26 Overall limitation on size of groundwater adjustment amounts
The Authority may not propose an adjustment under this Part if the result would be that the net effect of all adjustments proposed under this Part since the reference time would represent an increase or decrease of more than 5% of the total groundwater SDL for the Basin water resources as it stood at the reference time.
7.24 Objective
7.24 Objective
The objective for this Part is to allow SDLs for groundwater SDL resource units to be adjusted to reflect new or improved information about their groundwater resources.
7.25 Adjustments relating to groundwater
7.25 Adjustments relating to groundwater
(1) The Authority may propose, under section 23A of the Act, an adjustment of the SDL for a groundwater SDL resource unit if better information becomes available about the groundwater resources of the unit and the factors relevant to setting the SDL, in particular information about:
(a) recharge rates; or
(b) connectivity with surface water; or
(c) usage patterns; or
(d) Basin State policy and planning settings.
(2) In determining the amount of the proposed adjustment, the Authority must be satisfied that, in the light of the better information, the SDL for the unit:
(a) may be increased by the amount of the proposed adjustment and still represent an environmentally sustainable level of take; or
(b) should be decreased by the amount of the proposed adjustment to represent an environmentally sustainable level of take.
Note: Under section 23B of the Act, the Authority is then required to prepare appropriate amendments of the Basin Plan, for adoption by the Minister.
(3) A proposal in accordance with this section may be made as soon as practicable after 30 June 2016, or at any time after 30 June 2019.
7.26 Overall limitation on size of groundwater adjustment amounts
7.26 Overall limitation on size of groundwater adjustment amounts
The Authority may not propose an adjustment under this Part if the result would be that the net effect of all adjustments proposed under this Part since the reference time would represent an increase or decrease of more than 5% of the total groundwater SDL for the Basin water resources as it stood at the reference time.
Part 5 Independent audit of calculations
Part 5—Independent audit of calculations
7.27 Independent audit of Authority’s calculations
(1) The Authority may appoint or establish a person or body that is independent of the Authority to audit calculations made by the Authority for the purpose of Parts 2 and 4.
(1A) The Inspector‑General may:
(a) audit calculations made by the Authority for the purposes of Parts 2 and 4; or
(b) appoint or establish a person or body that is independent of the Authority to audit calculations made by the Authority for the purposes of Parts 2 and 4.
(2) The person or body conducting any audit must:
(a) produce a report setting out the findings of the audit; and
(b) before the report is finalised, provide the Authority, the Inspector‑General (unless the Inspector‑General is conducting the audit), the Commonwealth and each Basin State with an opportunity to comment on the proposed findings.
7.27 Independent audit of Authority’s calculations
7.27 Independent audit of Authority’s calculations
(1) The Authority may appoint or establish a person or body that is independent of the Authority to audit calculations made by the Authority for the purpose of Parts 2 and 4.
(1A) The Inspector‑General may:
(a) audit calculations made by the Authority for the purposes of Parts 2 and 4; or
(b) appoint or establish a person or body that is independent of the Authority to audit calculations made by the Authority for the purposes of Parts 2 and 4.
(2) The person or body conducting any audit must:
(a) produce a report setting out the findings of the audit; and
(b) before the report is finalised, provide the Authority, the Inspector‑General (unless the Inspector‑General is conducting the audit), the Commonwealth and each Basin State with an opportunity to comment on the proposed findings.