(2) This Chapter sets out the environmental watering plan (item 9 of the table in subsection 22(1) and section 28 of the Act).
(3) The environmental watering plan specifies:
(a) the overall environmental objectives for the water‑dependent ecosystems of the Murray‑Darling Basin (Part 2); and
(b) targets by which to measure progress towards achieving those objectives (Part 3); and
(c) an environmental management framework for planned environmental water and held environmental water (Part 4); and
Note 1: See section 8.10 for a detailed outline of the elements of the environmental management framework.
Note 2: The principles to be applied in environmental watering are specified in Division 6 of Part 4.
(d) the methods to be used to identify environmental assets in the Murray‑Darling Basin that will require environmental watering (Part 5); and
(e) the principles to be applied, and the method to be used, to determine the priorities for applying environmental water (including applying that water to environmental assets that are identified using the methods in paragraph (d)) (Part 6).
8.02 Purpose of Chapter
(1) The purpose of the environmental watering plan is to achieve the objectives in Part 2 and give effect to the principles in Division 6 of Part 4 by:
(a) co‑ordinating the planning, prioritisation and use of environmental water on both a long‑term and an annual basis; and
(b) enabling adaptive management to be applied to the planning, prioritisation and use of environmental water; and
(c) facilitating consultation, co‑ordination and co‑operative arrangements, where possible, between the Authority, the Commonwealth Environmental Water Holder and Basin States; and
(d) enabling information to be shared between the Authority, the Commonwealth, Basin States, holders of held environmental water and managers of planned environmental water to ensure efficient and effective use of environmental water.
(2) This section does not limit the operation of this Chapter.
Note: Subsection 1.02(2) states that the Basin Plan has the effect provided for in sections 34, 35, 36, 37, 86G and 86H of the Act.
8.03 Effect of environmental watering plan on Commonwealth Environmental Water Holder
(1) The Commonwealth Environmental Water Holder must perform its functions and exercise its powers in a way that is consistent with:
(a) the environmental watering plan; and
(b) the Basin‑wide environmental watering strategy.
(2) When performing its functions and exercising its powers, the Commonwealth Environmental Water Holder must have regard to the Basin annual environmental watering priorities.
Note: The Act imposes other obligations onto the Commonwealth Environmental Water Holder that relate to the environmental watering plan. See sections 105, 106 and 114 of the Act.
8.01 Simplified outline
8.01 Simplified outline
(2) This Chapter sets out the environmental watering plan (item 9 of the table in subsection 22(1) and section 28 of the Act).
(3) The environmental watering plan specifies:
(a) the overall environmental objectives for the water‑dependent ecosystems of the Murray‑Darling Basin (Part 2); and
(b) targets by which to measure progress towards achieving those objectives (Part 3); and
(c) an environmental management framework for planned environmental water and held environmental water (Part 4); and
Note 1: See section 8.10 for a detailed outline of the elements of the environmental management framework.
Note 2: The principles to be applied in environmental watering are specified in Division 6 of Part 4.
(d) the methods to be used to identify environmental assets in the Murray‑Darling Basin that will require environmental watering (Part 5); and
(e) the principles to be applied, and the method to be used, to determine the priorities for applying environmental water (including applying that water to environmental assets that are identified using the methods in paragraph (d)) (Part 6).
8.02 Purpose of Chapter
8.02 Purpose of Chapter
(1) The purpose of the environmental watering plan is to achieve the objectives in Part 2 and give effect to the principles in Division 6 of Part 4 by:
(a) co‑ordinating the planning, prioritisation and use of environmental water on both a long‑term and an annual basis; and
(b) enabling adaptive management to be applied to the planning, prioritisation and use of environmental water; and
(c) facilitating consultation, co‑ordination and co‑operative arrangements, where possible, between the Authority, the Commonwealth Environmental Water Holder and Basin States; and
(d) enabling information to be shared between the Authority, the Commonwealth, Basin States, holders of held environmental water and managers of planned environmental water to ensure efficient and effective use of environmental water.
(2) This section does not limit the operation of this Chapter.
Note: Subsection 1.02(2) states that the Basin Plan has the effect provided for in sections 34, 35, 36, 37, 86G and 86H of the Act.
8.03 Effect of environmental watering plan on Commonwealth Environmental Water Holder
8.03 Effect of environmental watering plan on Commonwealth Environmental Water Holder
(1) The Commonwealth Environmental Water Holder must perform its functions and exercise its powers in a way that is consistent with:
(a) the environmental watering plan; and
(b) the Basin‑wide environmental watering strategy.
(2) When performing its functions and exercising its powers, the Commonwealth Environmental Water Holder must have regard to the Basin annual environmental watering priorities.
Note: The Act imposes other obligations onto the Commonwealth Environmental Water Holder that relate to the environmental watering plan. See sections 105, 106 and 114 of the Act.
Part 2 Overall environmental objectives for water‑dependent ecosystems
Part 2—Overall environmental objectives for water‑dependent ecosystems
Note: This Part sets out overall environmental objectives and particular objectives for each of those objectives.
Note: These objectives will be met in part by the provision of environmental water, but will also be supported by other management actions. See also subsections 22(9) to (12) of the Act.
8.04 Overall environmental objectives
8.04 Overall environmental objectives
The overall environmental objectives for the water‑dependent ecosystems of the Murray‑Darling Basin 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.
Note: The fact that water storages and properties (including floodplains) are under the control of various persons currently restricts the capacity to actively manage all water‑dependent ecosystems.
8.05 Protection and restoration of water‑dependent ecosystems
8.05 Protection and restoration of water‑dependent ecosystems
(1) This section sets out particular objectives relating to the protection and restoration of the water‑dependent ecosystems of the Murray‑Darling Basin.
(2) An objective is to protect and restore a subset of all water‑dependent ecosystems of the Murray‑Darling Basin, including by ensuring that:
(a) declared Ramsar wetlands that depend on Basin water resources maintain their ecological character; and
(b) water‑dependent ecosystems that depend on Basin water resources and support the life cycles of species listed under the Bonn Convention, CAMBA, JAMBA or ROKAMBA continue to support those species; and
(c) water‑dependent ecosystems are able to support episodically high ecological productivity and its ecological dispersal.
(3) An objective is to protect and restore biodiversity that is dependent on Basin water resources by ensuring that:
(a) water‑dependent ecosystems that support the life cycles of a listed threatened species or listed threatened ecological community, or species treated as threatened or endangered (however described) in State law, are protected and, if necessary, restored so that they continue to support those life cycles; and
(b) representative populations and communities of native biota are protected and, if necessary, restored.
8.06 Protection and restoration of ecosystem functions of water‑dependent ecosystems
8.06 Protection and restoration of ecosystem functions of water‑dependent ecosystems
(1) This section sets out particular objectives relating to the protection and restoration of the ecosystem functions of water‑dependent ecosystems.
(2) An objective is that the water quality of Basin water resources does not adversely affect water‑dependent ecosystems and is consistent with the water quality and salinity management plan.
(3) An objective is to protect and restore connectivity within and between water‑dependent ecosystems, including by ensuring that:
(a) the diversity and dynamics of geomorphic structures, habitats, species and genes are protected and restored; and
(b) ecological processes dependent on hydrologic connectivity:
(i) longitudinally along watercourses; and
(ii) laterally between watercourses and their floodplains (and associated wetlands); and
(iii) vertically between the surface and subsurface;
are protected and restored; and
(c) the Murray Mouth remains open at frequencies, for durations, and with passing flows, sufficient to enable the conveyance of salt, nutrients and sediment from the Murray‑Darling Basin to the ocean; and
(d) the Murray Mouth remains open at frequencies, and for durations, sufficient to ensure that the tidal exchanges maintain the Coorong’s water quality (in particular salinity levels) within the tolerance of the Coorong ecosystem’s resilience; and
Note: This is to ensure that water quality is maintained at a level that does not compromise the ecosystem and that hydrologic connectivity is restored and maintained.
(e) the levels of the Lower Lakes are managed to ensure sufficient discharge to the Coorong and Murray Mouth and help prevent river bank collapse and acidification of wetlands below Lock 1, and to avoid acidification and allow connection between Lakes Alexandrina and Albert, by:
(i) maintaining levels above 0.4 metres Australian Height Datum for 95% of the time, as far as practicable; and
(ii) maintaining levels above 0.0 metres Australian Height Datum all of the time; and
(f) barriers to the passage of biological resources (including biota, carbon and nutrients) through the Murray‑Darling Basin are overcome or mitigated.
(4) An objective is that natural in‑stream and floodplain processes that shape landforms (for example, the formation and maintenance of soils) are protected and restored.
(5) An objective is to support habitat diversity for biota at a range of scales (including, for example, the Murray‑Darling Basin, riverine landscape, river reach and asset class).
(6) An objective is to protect and restore ecosystem functions of water‑dependent ecosystems that maintain populations (for example recruitment, regeneration, dispersal, immigration and emigration) including by ensuring that:
(a) flow sequences, and inundation and recession events, meet ecological requirements (for example, cues for migration, germination and breeding); and
(b) habitat diversity, extent, condition and connectivity that supports the life cycles of biota of water‑dependent ecosystems (for example, habitats that protect juveniles from predation) is maintained.
(7) An objective is to protect and restore ecological community structure, species interactions and food webs that sustain water‑dependent ecosystems, including by protecting and restoring energy, carbon and nutrient dynamics, primary production and respiration.
8.07 Ensuring water‑dependent ecosystems are resilient to climate change and other risks and threats
8.07 Ensuring water‑dependent ecosystems are resilient to climate change and other risks and threats
(1) This section sets out particular objectives relating to ensuring that water‑dependent ecosystems are resilient to climate change and other risks and threats.
(2) An objective is that water‑dependent ecosystems are resilient to climate change, climate variability and disturbances (for example, drought and fire).
(3) An objective is to protect refugia in order to support the long‑term survival and resilience of water‑dependent populations of native flora and fauna, including during drought to allow for subsequent re‑colonisation beyond the refugia.
(4) An objective is to provide wetting and drying cycles and inundation intervals that do not exceed the tolerance of ecosystem resilience or the threshold of irreversible change.
(5) An objective is to mitigate human‑induced threats (for example, the impact of alien species, water management activities and degraded water quality).
(6) An objective is to minimise habitat fragmentation.
Part 3 Targets by which to measure progress towards objectives
Part 3—Targets by which to measure progress towards objectives
Note: Section 13.09 requires the Authority to conduct a review of the environmental watering plan every 5 years. This review will include a review of the targets.
8.08 Targets by which to measure progress towards achieving objectives
8.08 Targets by which to measure progress towards achieving objectives
(1) The targets by which to measure progress towards achieving the objectives in Part 2 are set out in Schedule 7.
(2) As the targets will be used to measure progress towards achieving the objectives in Part 2:
(a) the achievement of the objectives in Part 2 should be given priority over the achievement of the targets; and
(b) the failure to achieve a target does not in itself mean that a person has acted inconsistently with the environmental watering plan.
8.09 Assessment of progress towards objectives in Part 2
8.09 Assessment of progress towards objectives in Part 2
The Authority must measure progress towards achieving the objectives in Part 2 by using the targets in Schedule 7 having regard to the following:
(a) progress towards achieving the long‑term average sustainable diversion limits;
(b) ecological objectives and ecological targets set out in long‑term watering plans;
(c) climatic conditions;
(d) the Basin‑wide environmental watering strategy;
(e) Basin annual environmental watering priorities;
(f) any information collected, or analysis undertaken, under Chapter 13;
(g) the outcomes of any review of the environmental watering plan.
Note: See section 13.09.
Part 4 Environmental management framework
(a) processes to co‑ordinate the planning, prioritisation and use of planned environmental water and held environmental water, under which:
(iii) each Basin State is obliged to identify annual environmental watering priorities for water resource plan areas (Division 4); and
(c) facilitate consultation, co‑ordination and co‑operative arrangements between the Authority, the Commonwealth Environmental Water Holder and Basin States;
Note: The application of adaptive management will enable various triggers to be responded to, including any adjustment that might be made to the SDL.
updated: a plan is taken to have been updated if it is reviewed and re‑made, whether or not the plan was amended as a result of the review.
(1) The Authority must prepare a Basin‑wide environmental watering strategy for the Murray‑Darling Basin (Basin‑wide environmental watering strategy).
(c) help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(1) The Basin‑wide environmental watering strategy must include an explanation as to how the Authority will identify the Basin annual environmental watering priorities (Division 5).
(i) particular priority environmental assets or priority ecosystem functions, and their environmental watering requirements, using the methods in Part 5; or
(ii) multi‑site watering objectives and associated flow regimes, including for the northern connected system and the southern connected system; or
(i) how Basin annual environmental watering priorities should be integrated with broader natural resource management strategies; or
(ii) how the Authority will identify synergies in environmental watering activities or resolve conflicting demands for available environmental water in the course of preparing the Basin annual environmental watering priorities;
(i) relating to what constitutes best practice in planning, prioritisation and use of environmental water, including decision‑making and priority‑setting; or
(2) The identification of particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i) must be done in collaboration with:
(b) any holders of held environmental water or managers of planned environmental water that may be called upon to provide water to meet those environmental watering requirements.
(3) If any disagreement arises during the consultation or collaboration referred to in subsection (1) or (2), the view of the Authority prevails.
(4) When preparing the Basin‑wide environmental watering strategy, the Authority must have regard to each of the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(c) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(5) The Basin‑wide environmental watering strategy must be developed consistently with the principles to be applied in environmental watering (Division 6).
(1) The Authority must publish the Basin‑wide environmental watering strategy within 24 months after the commencement of the Basin Plan.
(2) The Authority must publish the Basin‑wide environmental watering strategy as soon as practicable after it is updated.
Note: The Authority may review and update the Basin‑wide environmental watering strategy in response to various triggers, including any adjustment that might be made to the SDL.
A Basin State must prepare a long‑term environmental watering plan for each water resource plan area that contains surface water (long‑term watering plan).
Note: The level of detail in a long‑term watering plan may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(3) If the Basin‑wide environmental watering strategy has identified particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i), a long‑term watering plan must be consistent with that part of the Basin‑wide environmental watering strategy.
(4) A long‑term watering plan must identify possible co‑operative arrangements (for example, possible co‑operative watering regimes) between holders of held environmental water, managers of planned environmental water, and owners or managers of environmental assets for the delivery of environmental water:
that will ensure that environmental water meets the environmental watering requirements identified in accordance with subsections (1), (2) and (3).
(a) long‑term risks to providing for the environmental watering requirements of priority environmental assets and priority ecosystem functions; and
(8) A long‑term watering plan may provide that a specified instrument or text, or specified part of an instrument or text, is part of the plan.
(d) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: Under paragraphs (a) and (b), a Basin State may consult with any holder or manager whose environmental water could contribute to environmental watering in the water resource plan area, regardless of the location of the holder or manager, or of the location of the water.
(2) When preparing a long‑term watering plan, a Basin State must have regard to the Basin‑wide environmental watering strategy (Division 2).
Note: Paragraph 8.13(2)(c) provides that one of the purposes of the Basin‑wide environmental watering strategy is to help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(3) A long‑term watering plan must be developed consistently with the principles to be applied in environmental watering (Division 6).
(4) The Authority may advise, or assist, a Basin State in preparing a long‑term watering plan, or an updated long‑term watering plan.
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
(b) if the long‑term watering plan is reviewed and updated in accordance with subsection 8.22(1)—no later than 3 months after the relevant event mentioned in that subsection; or
(c) if the long‑term watering plan is reviewed and updated other than in accordance with subsection 8.22(1)—as soon as practicable after it is updated; or
Note: Subsection 8.16(1) provides that the Authority has 24 months from commencement of the Basin Plan to publish the Basin‑wide environmental watering strategy. The 12‑month timeframe referred to in paragraph (a) commences when the Authority actually publishes the strategy, and not 24 months after commencement of the Basin Plan.
Note: To ensure transparency, it is expected that Basin States will publish long‑term watering plans as soon as is practicable.
(a) the water resource plan for the water resource plan area is accredited by the Minister under section 63 of the Act; or
(b) an amendment of the water resource plan for the water resource plan area is accredited by the Minister under section 65 of the Act; or
(d) the Authority publishes an updated Basin‑wide environmental watering strategy, the updates of which materially affect the long‑term watering plan; or
(1) A Basin State must, in relation to each water accounting period, identify annual environmental watering priorities for surface water in each water resource plan area (annual environmental watering priorities).
(1) Annual environmental watering priorities must identify priorities for the watering of priority environmental assets and priority ecosystem functions in the water resource plan area.
(2) Annual environmental watering priorities must identify, to the extent possible, the assumptions upon which the priorities were based, including:
(a) expected holdings of held environmental water, including quantities, reliability, security class, licence type, limitations, and other characteristics of that water (including who holds that water); and
(b) expected quantities of planned environmental water and the associated rules and arrangements relating to that water (including who manages that water).
(3) Annual environmental watering priorities must identify possible co‑operative arrangements (including possible co‑operative watering regimes) that:
(c) support the delivery of environmental water in accordance with the priorities identified in the Basin State’s annual environmental watering priorities.
(4) The annual environmental watering priorities may provide that a specified instrument or text, or specified part of an instrument or text, is part of the priorities.
Note: The level of detail in annual watering priorities may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(1) When identifying annual environmental watering priorities, a Basin State must apply the principles and use the method in Part 6.
(b) any register of held environmental water maintained under the rules of the water resource plan for the water resource plan area; and
(e) any rules relating to planned environmental water in the transitional water resource plan, interim water resource plan or water resource plan for the water resource plan area, as applicable.
Note: See section 10.09, which requires water resource plans to identify planned environmental water and to maintain a register of held environmental water in certain circumstances.
(3) To avoid doubt, the requirements in paragraphs (2)(b) and (2)(e) apply only if a water resource plan has been accredited or adopted for the water resource plan area.
(4) To enable a Basin State to identify annual environmental watering priorities, a holder of held environmental water in the water resource plan area:
(b) may give a Basin State views on environmental watering priorities for priority environmental assets and priority ecosystem functions for the water accounting period.
(5) To enable a Basin State to identify annual environmental watering priorities, a manager of planned environmental water in the water resource plan area:
(6) Annual environmental watering priorities for the water resource plan area must be consistent with the long‑term watering plan for that water resource plan area.
(1) The Authority must, for each water accounting period, prepare annual environmental watering priorities for the Murray‑Darling Basin (Basin annual environmental watering priorities).
(2) The purpose of the Basin annual environmental watering priorities is to identify watering priorities that give effect to the Basin‑wide environmental watering strategy.
(a) priority environmental assets and priority ecosystem functions that have Basin‑scale significance for environmental watering during that water accounting period;
(b) priority environmental assets and priority ecosystem functions whose environmental watering during the period will require complex arrangements;
Example: Complex arrangements could include multiple water sources, multiple sites, the involvement of multiple parties, the achievement of multiple benefits, or trade‑offs.
(c) any potential for synergies in environmental watering activities (including at a scale that involves multiple water resource plan areas).
(2) If any disagreement arises during the consultation referred to in subsection (1), the view of the Authority prevails.
(3) When preparing the Basin annual environmental watering priorities, the Authority must have regard to the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(e) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(i) any consultation or other information the Authority considers relevant to the co‑ordination of environmental watering.
Example: The Authority may engage an individual scientist or scientific advisory committee to provide advice on aspects of Basin annual environmental watering priorities.
(4) The Authority may identify priority environmental assets and priority ecosystem functions, and their environmental watering requirements, from:
(a) any that are identified in the Basin‑wide environmental watering strategy in accordance with subparagraph 8.14(2)(a)(i); or
(b) determining priorities for applying environmental water by applying the principles and using the method in Part 6; or
(c) if there is likely to be insufficient water to provide for all priorities determined in accordance with paragraph (a) or paragraph (b)—determining what should be considered a priority for watering by applying the principles and using the method in Part 6.
(b) if the priorities are reviewed and updated in accordance with section 8.31—as soon as practicable after they are updated.
The Authority may review and update the Basin annual environmental watering priorities at any time, including during the water accounting period.
Note: There may be reasons why it is not possible in particular circumstances to undertake watering in accordance with these priorities. Section 8.44 then applies.
Note: Example: Ensuring that the water achieves the best environmental outcomes including through multi‑site watering en route to an intended priority environmental asset.
(i) co‑ordinating environmental watering between all holders of held environmental water and managers of planned environmental water; and
(c) enhances existing flow events, where possible, so as to ensure improvement in the delivery of a full range of flow conditions, including high flow events; and
(d) takes into consideration the relative ecological benefits of applying environmental water to achieve one environmental outcome over another environmental outcome; and
(e) takes into consideration the variability of the natural flow regime, for example, by mitigating or avoiding seasonal inversion of flows; and
(g) enables information to be shared between the Authority, the Commonwealth, Basin States, holders of held environmental water and managers of planned environmental water to ensure efficient and effective use of environmental water.
(a) potential risks, including downstream risks, that may result from applying environmental water and measures that may be taken to minimise the risks; and
(b) risks arising from impediments to the delivery of water to water‑dependent ecosystems, including risks of extraction of that water for other uses, and inadequate accounting of water flows.
Environmental watering is to be undertaken having regard to the quantity of water and other resources required relative to the expected environmental benefits.
A lack of full scientific certainty as to whether there are threats of serious or irreversible environmental damage should not be used as a reason for postponing measures to prevent environmental degradation.
(a) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
River management and operational practices should be reviewed, and if necessary altered, to ensure that rivers can be managed to achieve multiple objectives, including the objectives in Part 2.
Management of water for consumptive use should, where possible, be undertaken in a way that is consistent with achieving the objectives in Part 2.
(1) If a person undertakes environmental watering other than in accordance with the Basin annual environmental watering priorities, that person must give to the Authority a statement of reasons why environmental watering has not been undertaken in accordance with the Basin annual environmental watering priorities.
(2) The person must give the statement to the Authority as soon as practicable, but in any event within 4 months after the end of the water accounting period in which the environmental watering was undertaken.
Note: This aligns with the period by which an annual report must be produced on the implementation of the environmental management framework. See section 13.14 and item 10 of the table in Schedule 12.
(1) The Authority may prepare, and publish on its website, recommendations about where in the Murray‑Darling Basin additional environmental water should be recovered (environmental water recovery recommendations).
Note: The reasoning may include models used by the Authority to identify priorities for the recovery of environmental water.
(a) processes to co‑ordinate the planning, prioritisation and use of planned environmental water and held environmental water, under which:
(iii) each Basin State is obliged to identify annual environmental watering priorities for water resource plan areas (Division 4); and
(c) facilitate consultation, co‑ordination and co‑operative arrangements between the Authority, the Commonwealth Environmental Water Holder and Basin States;
Note: The application of adaptive management will enable various triggers to be responded to, including any adjustment that might be made to the SDL.
updated: a plan is taken to have been updated if it is reviewed and re‑made, whether or not the plan was amended as a result of the review.
(1) The Authority must prepare a Basin‑wide environmental watering strategy for the Murray‑Darling Basin (Basin‑wide environmental watering strategy).
(c) help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(1) The Basin‑wide environmental watering strategy must include an explanation as to how the Authority will identify the Basin annual environmental watering priorities (Division 5).
(i) particular priority environmental assets or priority ecosystem functions, and their environmental watering requirements, using the methods in Part 5; or
(ii) multi‑site watering objectives and associated flow regimes, including for the northern connected system and the southern connected system; or
(i) how Basin annual environmental watering priorities should be integrated with broader natural resource management strategies; or
(ii) how the Authority will identify synergies in environmental watering activities or resolve conflicting demands for available environmental water in the course of preparing the Basin annual environmental watering priorities;
(i) relating to what constitutes best practice in planning, prioritisation and use of environmental water, including decision‑making and priority‑setting; or
(2) The identification of particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i) must be done in collaboration with:
(b) any holders of held environmental water or managers of planned environmental water that may be called upon to provide water to meet those environmental watering requirements.
(3) If any disagreement arises during the consultation or collaboration referred to in subsection (1) or (2), the view of the Authority prevails.
(4) When preparing the Basin‑wide environmental watering strategy, the Authority must have regard to each of the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(c) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(5) The Basin‑wide environmental watering strategy must be developed consistently with the principles to be applied in environmental watering (Division 6).
(1) The Authority must publish the Basin‑wide environmental watering strategy within 24 months after the commencement of the Basin Plan.
(2) The Authority must publish the Basin‑wide environmental watering strategy as soon as practicable after it is updated.
Note: The Authority may review and update the Basin‑wide environmental watering strategy in response to various triggers, including any adjustment that might be made to the SDL.
A Basin State must prepare a long‑term environmental watering plan for each water resource plan area that contains surface water (long‑term watering plan).
Note: The level of detail in a long‑term watering plan may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(3) If the Basin‑wide environmental watering strategy has identified particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i), a long‑term watering plan must be consistent with that part of the Basin‑wide environmental watering strategy.
(4) A long‑term watering plan must identify possible co‑operative arrangements (for example, possible co‑operative watering regimes) between holders of held environmental water, managers of planned environmental water, and owners or managers of environmental assets for the delivery of environmental water:
that will ensure that environmental water meets the environmental watering requirements identified in accordance with subsections (1), (2) and (3).
(a) long‑term risks to providing for the environmental watering requirements of priority environmental assets and priority ecosystem functions; and
(8) A long‑term watering plan may provide that a specified instrument or text, or specified part of an instrument or text, is part of the plan.
(d) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: Under paragraphs (a) and (b), a Basin State may consult with any holder or manager whose environmental water could contribute to environmental watering in the water resource plan area, regardless of the location of the holder or manager, or of the location of the water.
(2) When preparing a long‑term watering plan, a Basin State must have regard to the Basin‑wide environmental watering strategy (Division 2).
Note: Paragraph 8.13(2)(c) provides that one of the purposes of the Basin‑wide environmental watering strategy is to help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(3) A long‑term watering plan must be developed consistently with the principles to be applied in environmental watering (Division 6).
(4) The Authority may advise, or assist, a Basin State in preparing a long‑term watering plan, or an updated long‑term watering plan.
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
(b) if the long‑term watering plan is reviewed and updated in accordance with subsection 8.22(1)—no later than 3 months after the relevant event mentioned in that subsection; or
(c) if the long‑term watering plan is reviewed and updated other than in accordance with subsection 8.22(1)—as soon as practicable after it is updated; or
Note: Subsection 8.16(1) provides that the Authority has 24 months from commencement of the Basin Plan to publish the Basin‑wide environmental watering strategy. The 12‑month timeframe referred to in paragraph (a) commences when the Authority actually publishes the strategy, and not 24 months after commencement of the Basin Plan.
Note: To ensure transparency, it is expected that Basin States will publish long‑term watering plans as soon as is practicable.
(a) the water resource plan for the water resource plan area is accredited by the Minister under section 63 of the Act; or
(b) an amendment of the water resource plan for the water resource plan area is accredited by the Minister under section 65 of the Act; or
(d) the Authority publishes an updated Basin‑wide environmental watering strategy, the updates of which materially affect the long‑term watering plan; or
(1) A Basin State must, in relation to each water accounting period, identify annual environmental watering priorities for surface water in each water resource plan area (annual environmental watering priorities).
(1) Annual environmental watering priorities must identify priorities for the watering of priority environmental assets and priority ecosystem functions in the water resource plan area.
(2) Annual environmental watering priorities must identify, to the extent possible, the assumptions upon which the priorities were based, including:
(a) expected holdings of held environmental water, including quantities, reliability, security class, licence type, limitations, and other characteristics of that water (including who holds that water); and
(b) expected quantities of planned environmental water and the associated rules and arrangements relating to that water (including who manages that water).
(3) Annual environmental watering priorities must identify possible co‑operative arrangements (including possible co‑operative watering regimes) that:
(c) support the delivery of environmental water in accordance with the priorities identified in the Basin State’s annual environmental watering priorities.
(4) The annual environmental watering priorities may provide that a specified instrument or text, or specified part of an instrument or text, is part of the priorities.
Note: The level of detail in annual watering priorities may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(1) When identifying annual environmental watering priorities, a Basin State must apply the principles and use the method in Part 6.
(b) any register of held environmental water maintained under the rules of the water resource plan for the water resource plan area; and
(e) any rules relating to planned environmental water in the transitional water resource plan, interim water resource plan or water resource plan for the water resource plan area, as applicable.
Note: See section 10.09, which requires water resource plans to identify planned environmental water and to maintain a register of held environmental water in certain circumstances.
(3) To avoid doubt, the requirements in paragraphs (2)(b) and (2)(e) apply only if a water resource plan has been accredited or adopted for the water resource plan area.
(4) To enable a Basin State to identify annual environmental watering priorities, a holder of held environmental water in the water resource plan area:
(b) may give a Basin State views on environmental watering priorities for priority environmental assets and priority ecosystem functions for the water accounting period.
(5) To enable a Basin State to identify annual environmental watering priorities, a manager of planned environmental water in the water resource plan area:
(6) Annual environmental watering priorities for the water resource plan area must be consistent with the long‑term watering plan for that water resource plan area.
(1) The Authority must, for each water accounting period, prepare annual environmental watering priorities for the Murray‑Darling Basin (Basin annual environmental watering priorities).
(2) The purpose of the Basin annual environmental watering priorities is to identify watering priorities that give effect to the Basin‑wide environmental watering strategy.
(a) priority environmental assets and priority ecosystem functions that have Basin‑scale significance for environmental watering during that water accounting period;
(b) priority environmental assets and priority ecosystem functions whose environmental watering during the period will require complex arrangements;
Example: Complex arrangements could include multiple water sources, multiple sites, the involvement of multiple parties, the achievement of multiple benefits, or trade‑offs.
(c) any potential for synergies in environmental watering activities (including at a scale that involves multiple water resource plan areas).
(2) If any disagreement arises during the consultation referred to in subsection (1), the view of the Authority prevails.
(3) When preparing the Basin annual environmental watering priorities, the Authority must have regard to the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(e) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(i) any consultation or other information the Authority considers relevant to the co‑ordination of environmental watering.
Example: The Authority may engage an individual scientist or scientific advisory committee to provide advice on aspects of Basin annual environmental watering priorities.
(4) The Authority may identify priority environmental assets and priority ecosystem functions, and their environmental watering requirements, from:
(a) any that are identified in the Basin‑wide environmental watering strategy in accordance with subparagraph 8.14(2)(a)(i); or
(b) determining priorities for applying environmental water by applying the principles and using the method in Part 6; or
(c) if there is likely to be insufficient water to provide for all priorities determined in accordance with paragraph (a) or paragraph (b)—determining what should be considered a priority for watering by applying the principles and using the method in Part 6.
(b) if the priorities are reviewed and updated in accordance with section 8.31—as soon as practicable after they are updated.
The Authority may review and update the Basin annual environmental watering priorities at any time, including during the water accounting period.
Note: There may be reasons why it is not possible in particular circumstances to undertake watering in accordance with these priorities. Section 8.44 then applies.
Note: Example: Ensuring that the water achieves the best environmental outcomes including through multi‑site watering en route to an intended priority environmental asset.
(i) co‑ordinating environmental watering between all holders of held environmental water and managers of planned environmental water; and
(c) enhances existing flow events, where possible, so as to ensure improvement in the delivery of a full range of flow conditions, including high flow events; and
(d) takes into consideration the relative ecological benefits of applying environmental water to achieve one environmental outcome over another environmental outcome; and
(e) takes into consideration the variability of the natural flow regime, for example, by mitigating or avoiding seasonal inversion of flows; and
(g) enables information to be shared between the Authority, the Commonwealth, Basin States, holders of held environmental water and managers of planned environmental water to ensure efficient and effective use of environmental water.
(a) potential risks, including downstream risks, that may result from applying environmental water and measures that may be taken to minimise the risks; and
(b) risks arising from impediments to the delivery of water to water‑dependent ecosystems, including risks of extraction of that water for other uses, and inadequate accounting of water flows.
Environmental watering is to be undertaken having regard to the quantity of water and other resources required relative to the expected environmental benefits.
A lack of full scientific certainty as to whether there are threats of serious or irreversible environmental damage should not be used as a reason for postponing measures to prevent environmental degradation.
(a) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
River management and operational practices should be reviewed, and if necessary altered, to ensure that rivers can be managed to achieve multiple objectives, including the objectives in Part 2.
Management of water for consumptive use should, where possible, be undertaken in a way that is consistent with achieving the objectives in Part 2.
(1) If a person undertakes environmental watering other than in accordance with the Basin annual environmental watering priorities, that person must give to the Authority a statement of reasons why environmental watering has not been undertaken in accordance with the Basin annual environmental watering priorities.
(2) The person must give the statement to the Authority as soon as practicable, but in any event within 4 months after the end of the water accounting period in which the environmental watering was undertaken.
Note: This aligns with the period by which an annual report must be produced on the implementation of the environmental management framework. See section 13.14 and item 10 of the table in Schedule 12.
(1) The Authority may prepare, and publish on its website, recommendations about where in the Murray‑Darling Basin additional environmental water should be recovered (environmental water recovery recommendations).
Note: The reasoning may include models used by the Authority to identify priorities for the recovery of environmental water.
8.10 Outline of this Part
(a) processes to co‑ordinate the planning, prioritisation and use of planned environmental water and held environmental water, under which:
(iii) each Basin State is obliged to identify annual environmental watering priorities for water resource plan areas (Division 4); and
8.11 Objectives of environmental management framework
(c) facilitate consultation, co‑ordination and co‑operative arrangements between the Authority, the Commonwealth Environmental Water Holder and Basin States;
Note: The application of adaptive management will enable various triggers to be responded to, including any adjustment that might be made to the SDL.
8.12 Interpretation
updated: a plan is taken to have been updated if it is reviewed and re‑made, whether or not the plan was amended as a result of the review.
(a) processes to co‑ordinate the planning, prioritisation and use of planned environmental water and held environmental water, under which:
(iii) each Basin State is obliged to identify annual environmental watering priorities for water resource plan areas (Division 4); and
(c) facilitate consultation, co‑ordination and co‑operative arrangements between the Authority, the Commonwealth Environmental Water Holder and Basin States;
Note: The application of adaptive management will enable various triggers to be responded to, including any adjustment that might be made to the SDL.
updated: a plan is taken to have been updated if it is reviewed and re‑made, whether or not the plan was amended as a result of the review.
(1) The Authority must prepare a Basin‑wide environmental watering strategy for the Murray‑Darling Basin (Basin‑wide environmental watering strategy).
(c) help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(1) The Basin‑wide environmental watering strategy must include an explanation as to how the Authority will identify the Basin annual environmental watering priorities (Division 5).
(i) particular priority environmental assets or priority ecosystem functions, and their environmental watering requirements, using the methods in Part 5; or
(ii) multi‑site watering objectives and associated flow regimes, including for the northern connected system and the southern connected system; or
(i) how Basin annual environmental watering priorities should be integrated with broader natural resource management strategies; or
(ii) how the Authority will identify synergies in environmental watering activities or resolve conflicting demands for available environmental water in the course of preparing the Basin annual environmental watering priorities;
(i) relating to what constitutes best practice in planning, prioritisation and use of environmental water, including decision‑making and priority‑setting; or
(2) The identification of particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i) must be done in collaboration with:
(b) any holders of held environmental water or managers of planned environmental water that may be called upon to provide water to meet those environmental watering requirements.
(3) If any disagreement arises during the consultation or collaboration referred to in subsection (1) or (2), the view of the Authority prevails.
(4) When preparing the Basin‑wide environmental watering strategy, the Authority must have regard to each of the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(c) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(5) The Basin‑wide environmental watering strategy must be developed consistently with the principles to be applied in environmental watering (Division 6).
(1) The Authority must publish the Basin‑wide environmental watering strategy within 24 months after the commencement of the Basin Plan.
(2) The Authority must publish the Basin‑wide environmental watering strategy as soon as practicable after it is updated.
Note: The Authority may review and update the Basin‑wide environmental watering strategy in response to various triggers, including any adjustment that might be made to the SDL.
A Basin State must prepare a long‑term environmental watering plan for each water resource plan area that contains surface water (long‑term watering plan).
Note: The level of detail in a long‑term watering plan may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(3) If the Basin‑wide environmental watering strategy has identified particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i), a long‑term watering plan must be consistent with that part of the Basin‑wide environmental watering strategy.
(4) A long‑term watering plan must identify possible co‑operative arrangements (for example, possible co‑operative watering regimes) between holders of held environmental water, managers of planned environmental water, and owners or managers of environmental assets for the delivery of environmental water:
that will ensure that environmental water meets the environmental watering requirements identified in accordance with subsections (1), (2) and (3).
(a) long‑term risks to providing for the environmental watering requirements of priority environmental assets and priority ecosystem functions; and
(8) A long‑term watering plan may provide that a specified instrument or text, or specified part of an instrument or text, is part of the plan.
(d) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: Under paragraphs (a) and (b), a Basin State may consult with any holder or manager whose environmental water could contribute to environmental watering in the water resource plan area, regardless of the location of the holder or manager, or of the location of the water.
(2) When preparing a long‑term watering plan, a Basin State must have regard to the Basin‑wide environmental watering strategy (Division 2).
Note: Paragraph 8.13(2)(c) provides that one of the purposes of the Basin‑wide environmental watering strategy is to help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(3) A long‑term watering plan must be developed consistently with the principles to be applied in environmental watering (Division 6).
(4) The Authority may advise, or assist, a Basin State in preparing a long‑term watering plan, or an updated long‑term watering plan.
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
(b) if the long‑term watering plan is reviewed and updated in accordance with subsection 8.22(1)—no later than 3 months after the relevant event mentioned in that subsection; or
(c) if the long‑term watering plan is reviewed and updated other than in accordance with subsection 8.22(1)—as soon as practicable after it is updated; or
Note: Subsection 8.16(1) provides that the Authority has 24 months from commencement of the Basin Plan to publish the Basin‑wide environmental watering strategy. The 12‑month timeframe referred to in paragraph (a) commences when the Authority actually publishes the strategy, and not 24 months after commencement of the Basin Plan.
Note: To ensure transparency, it is expected that Basin States will publish long‑term watering plans as soon as is practicable.
(a) the water resource plan for the water resource plan area is accredited by the Minister under section 63 of the Act; or
(b) an amendment of the water resource plan for the water resource plan area is accredited by the Minister under section 65 of the Act; or
(d) the Authority publishes an updated Basin‑wide environmental watering strategy, the updates of which materially affect the long‑term watering plan; or
(1) A Basin State must, in relation to each water accounting period, identify annual environmental watering priorities for surface water in each water resource plan area (annual environmental watering priorities).
(1) Annual environmental watering priorities must identify priorities for the watering of priority environmental assets and priority ecosystem functions in the water resource plan area.
(2) Annual environmental watering priorities must identify, to the extent possible, the assumptions upon which the priorities were based, including:
(a) expected holdings of held environmental water, including quantities, reliability, security class, licence type, limitations, and other characteristics of that water (including who holds that water); and
(b) expected quantities of planned environmental water and the associated rules and arrangements relating to that water (including who manages that water).
(3) Annual environmental watering priorities must identify possible co‑operative arrangements (including possible co‑operative watering regimes) that:
(c) support the delivery of environmental water in accordance with the priorities identified in the Basin State’s annual environmental watering priorities.
(4) The annual environmental watering priorities may provide that a specified instrument or text, or specified part of an instrument or text, is part of the priorities.
Note: The level of detail in annual watering priorities may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(1) When identifying annual environmental watering priorities, a Basin State must apply the principles and use the method in Part 6.
(b) any register of held environmental water maintained under the rules of the water resource plan for the water resource plan area; and
(e) any rules relating to planned environmental water in the transitional water resource plan, interim water resource plan or water resource plan for the water resource plan area, as applicable.
Note: See section 10.09, which requires water resource plans to identify planned environmental water and to maintain a register of held environmental water in certain circumstances.
(3) To avoid doubt, the requirements in paragraphs (2)(b) and (2)(e) apply only if a water resource plan has been accredited or adopted for the water resource plan area.
(4) To enable a Basin State to identify annual environmental watering priorities, a holder of held environmental water in the water resource plan area:
(b) may give a Basin State views on environmental watering priorities for priority environmental assets and priority ecosystem functions for the water accounting period.
(5) To enable a Basin State to identify annual environmental watering priorities, a manager of planned environmental water in the water resource plan area:
(6) Annual environmental watering priorities for the water resource plan area must be consistent with the long‑term watering plan for that water resource plan area.
(1) The Authority must, for each water accounting period, prepare annual environmental watering priorities for the Murray‑Darling Basin (Basin annual environmental watering priorities).
(2) The purpose of the Basin annual environmental watering priorities is to identify watering priorities that give effect to the Basin‑wide environmental watering strategy.
(a) priority environmental assets and priority ecosystem functions that have Basin‑scale significance for environmental watering during that water accounting period;
(b) priority environmental assets and priority ecosystem functions whose environmental watering during the period will require complex arrangements;
Example: Complex arrangements could include multiple water sources, multiple sites, the involvement of multiple parties, the achievement of multiple benefits, or trade‑offs.
(c) any potential for synergies in environmental watering activities (including at a scale that involves multiple water resource plan areas).
(2) If any disagreement arises during the consultation referred to in subsection (1), the view of the Authority prevails.
(3) When preparing the Basin annual environmental watering priorities, the Authority must have regard to the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(e) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(i) any consultation or other information the Authority considers relevant to the co‑ordination of environmental watering.
Example: The Authority may engage an individual scientist or scientific advisory committee to provide advice on aspects of Basin annual environmental watering priorities.
(4) The Authority may identify priority environmental assets and priority ecosystem functions, and their environmental watering requirements, from:
(a) any that are identified in the Basin‑wide environmental watering strategy in accordance with subparagraph 8.14(2)(a)(i); or
(b) determining priorities for applying environmental water by applying the principles and using the method in Part 6; or
(c) if there is likely to be insufficient water to provide for all priorities determined in accordance with paragraph (a) or paragraph (b)—determining what should be considered a priority for watering by applying the principles and using the method in Part 6.
(b) if the priorities are reviewed and updated in accordance with section 8.31—as soon as practicable after they are updated.
The Authority may review and update the Basin annual environmental watering priorities at any time, including during the water accounting period.
Note: There may be reasons why it is not possible in particular circumstances to undertake watering in accordance with these priorities. Section 8.44 then applies.
Note: Example: Ensuring that the water achieves the best environmental outcomes including through multi‑site watering en route to an intended priority environmental asset.
(i) co‑ordinating environmental watering between all holders of held environmental water and managers of planned environmental water; and
(c) enhances existing flow events, where possible, so as to ensure improvement in the delivery of a full range of flow conditions, including high flow events; and
(d) takes into consideration the relative ecological benefits of applying environmental water to achieve one environmental outcome over another environmental outcome; and
(e) takes into consideration the variability of the natural flow regime, for example, by mitigating or avoiding seasonal inversion of flows; and
(g) enables information to be shared between the Authority, the Commonwealth, Basin States, holders of held environmental water and managers of planned environmental water to ensure efficient and effective use of environmental water.
(a) potential risks, including downstream risks, that may result from applying environmental water and measures that may be taken to minimise the risks; and
(b) risks arising from impediments to the delivery of water to water‑dependent ecosystems, including risks of extraction of that water for other uses, and inadequate accounting of water flows.
Environmental watering is to be undertaken having regard to the quantity of water and other resources required relative to the expected environmental benefits.
A lack of full scientific certainty as to whether there are threats of serious or irreversible environmental damage should not be used as a reason for postponing measures to prevent environmental degradation.
(a) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
River management and operational practices should be reviewed, and if necessary altered, to ensure that rivers can be managed to achieve multiple objectives, including the objectives in Part 2.
Management of water for consumptive use should, where possible, be undertaken in a way that is consistent with achieving the objectives in Part 2.
(1) If a person undertakes environmental watering other than in accordance with the Basin annual environmental watering priorities, that person must give to the Authority a statement of reasons why environmental watering has not been undertaken in accordance with the Basin annual environmental watering priorities.
(2) The person must give the statement to the Authority as soon as practicable, but in any event within 4 months after the end of the water accounting period in which the environmental watering was undertaken.
Note: This aligns with the period by which an annual report must be produced on the implementation of the environmental management framework. See section 13.14 and item 10 of the table in Schedule 12.
(1) The Authority may prepare, and publish on its website, recommendations about where in the Murray‑Darling Basin additional environmental water should be recovered (environmental water recovery recommendations).
Note: The reasoning may include models used by the Authority to identify priorities for the recovery of environmental water.
8.13 Obligation to prepare Basin‑wide environmental watering strategy
(1) The Authority must prepare a Basin‑wide environmental watering strategy for the Murray‑Darling Basin (Basin‑wide environmental watering strategy).
(c) help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
8.14 Content of the Basin‑wide environmental watering strategy
(1) The Basin‑wide environmental watering strategy must include an explanation as to how the Authority will identify the Basin annual environmental watering priorities (Division 5).
(i) particular priority environmental assets or priority ecosystem functions, and their environmental watering requirements, using the methods in Part 5; or
(ii) multi‑site watering objectives and associated flow regimes, including for the northern connected system and the southern connected system; or
(i) how Basin annual environmental watering priorities should be integrated with broader natural resource management strategies; or
(ii) how the Authority will identify synergies in environmental watering activities or resolve conflicting demands for available environmental water in the course of preparing the Basin annual environmental watering priorities;
(i) relating to what constitutes best practice in planning, prioritisation and use of environmental water, including decision‑making and priority‑setting; or
8.15 Preparation of Basin‑wide environmental watering strategy
(a) processes to co‑ordinate the planning, prioritisation and use of planned environmental water and held environmental water, under which:
(iii) each Basin State is obliged to identify annual environmental watering priorities for water resource plan areas (Division 4); and
(c) facilitate consultation, co‑ordination and co‑operative arrangements between the Authority, the Commonwealth Environmental Water Holder and Basin States;
Note: The application of adaptive management will enable various triggers to be responded to, including any adjustment that might be made to the SDL.
updated: a plan is taken to have been updated if it is reviewed and re‑made, whether or not the plan was amended as a result of the review.
(1) The Authority must prepare a Basin‑wide environmental watering strategy for the Murray‑Darling Basin (Basin‑wide environmental watering strategy).
(c) help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(1) The Basin‑wide environmental watering strategy must include an explanation as to how the Authority will identify the Basin annual environmental watering priorities (Division 5).
(i) particular priority environmental assets or priority ecosystem functions, and their environmental watering requirements, using the methods in Part 5; or
(ii) multi‑site watering objectives and associated flow regimes, including for the northern connected system and the southern connected system; or
(i) how Basin annual environmental watering priorities should be integrated with broader natural resource management strategies; or
(ii) how the Authority will identify synergies in environmental watering activities or resolve conflicting demands for available environmental water in the course of preparing the Basin annual environmental watering priorities;
(i) relating to what constitutes best practice in planning, prioritisation and use of environmental water, including decision‑making and priority‑setting; or
(2) The identification of particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i) must be done in collaboration with:
(b) any holders of held environmental water or managers of planned environmental water that may be called upon to provide water to meet those environmental watering requirements.
(3) If any disagreement arises during the consultation or collaboration referred to in subsection (1) or (2), the view of the Authority prevails.
(4) When preparing the Basin‑wide environmental watering strategy, the Authority must have regard to each of the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(c) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(5) The Basin‑wide environmental watering strategy must be developed consistently with the principles to be applied in environmental watering (Division 6).
(1) The Authority must publish the Basin‑wide environmental watering strategy within 24 months after the commencement of the Basin Plan.
(2) The Authority must publish the Basin‑wide environmental watering strategy as soon as practicable after it is updated.
Note: The Authority may review and update the Basin‑wide environmental watering strategy in response to various triggers, including any adjustment that might be made to the SDL.
A Basin State must prepare a long‑term environmental watering plan for each water resource plan area that contains surface water (long‑term watering plan).
Note: The level of detail in a long‑term watering plan may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(3) If the Basin‑wide environmental watering strategy has identified particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i), a long‑term watering plan must be consistent with that part of the Basin‑wide environmental watering strategy.
(4) A long‑term watering plan must identify possible co‑operative arrangements (for example, possible co‑operative watering regimes) between holders of held environmental water, managers of planned environmental water, and owners or managers of environmental assets for the delivery of environmental water:
that will ensure that environmental water meets the environmental watering requirements identified in accordance with subsections (1), (2) and (3).
(a) long‑term risks to providing for the environmental watering requirements of priority environmental assets and priority ecosystem functions; and
(8) A long‑term watering plan may provide that a specified instrument or text, or specified part of an instrument or text, is part of the plan.
(d) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: Under paragraphs (a) and (b), a Basin State may consult with any holder or manager whose environmental water could contribute to environmental watering in the water resource plan area, regardless of the location of the holder or manager, or of the location of the water.
(2) When preparing a long‑term watering plan, a Basin State must have regard to the Basin‑wide environmental watering strategy (Division 2).
Note: Paragraph 8.13(2)(c) provides that one of the purposes of the Basin‑wide environmental watering strategy is to help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(3) A long‑term watering plan must be developed consistently with the principles to be applied in environmental watering (Division 6).
(4) The Authority may advise, or assist, a Basin State in preparing a long‑term watering plan, or an updated long‑term watering plan.
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
(b) if the long‑term watering plan is reviewed and updated in accordance with subsection 8.22(1)—no later than 3 months after the relevant event mentioned in that subsection; or
(c) if the long‑term watering plan is reviewed and updated other than in accordance with subsection 8.22(1)—as soon as practicable after it is updated; or
Note: Subsection 8.16(1) provides that the Authority has 24 months from commencement of the Basin Plan to publish the Basin‑wide environmental watering strategy. The 12‑month timeframe referred to in paragraph (a) commences when the Authority actually publishes the strategy, and not 24 months after commencement of the Basin Plan.
Note: To ensure transparency, it is expected that Basin States will publish long‑term watering plans as soon as is practicable.
(a) the water resource plan for the water resource plan area is accredited by the Minister under section 63 of the Act; or
(b) an amendment of the water resource plan for the water resource plan area is accredited by the Minister under section 65 of the Act; or
(d) the Authority publishes an updated Basin‑wide environmental watering strategy, the updates of which materially affect the long‑term watering plan; or
(1) A Basin State must, in relation to each water accounting period, identify annual environmental watering priorities for surface water in each water resource plan area (annual environmental watering priorities).
(1) Annual environmental watering priorities must identify priorities for the watering of priority environmental assets and priority ecosystem functions in the water resource plan area.
(2) Annual environmental watering priorities must identify, to the extent possible, the assumptions upon which the priorities were based, including:
(a) expected holdings of held environmental water, including quantities, reliability, security class, licence type, limitations, and other characteristics of that water (including who holds that water); and
(b) expected quantities of planned environmental water and the associated rules and arrangements relating to that water (including who manages that water).
(3) Annual environmental watering priorities must identify possible co‑operative arrangements (including possible co‑operative watering regimes) that:
(c) support the delivery of environmental water in accordance with the priorities identified in the Basin State’s annual environmental watering priorities.
(4) The annual environmental watering priorities may provide that a specified instrument or text, or specified part of an instrument or text, is part of the priorities.
Note: The level of detail in annual watering priorities may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(1) When identifying annual environmental watering priorities, a Basin State must apply the principles and use the method in Part 6.
(b) any register of held environmental water maintained under the rules of the water resource plan for the water resource plan area; and
(e) any rules relating to planned environmental water in the transitional water resource plan, interim water resource plan or water resource plan for the water resource plan area, as applicable.
Note: See section 10.09, which requires water resource plans to identify planned environmental water and to maintain a register of held environmental water in certain circumstances.
(3) To avoid doubt, the requirements in paragraphs (2)(b) and (2)(e) apply only if a water resource plan has been accredited or adopted for the water resource plan area.
(4) To enable a Basin State to identify annual environmental watering priorities, a holder of held environmental water in the water resource plan area:
(b) may give a Basin State views on environmental watering priorities for priority environmental assets and priority ecosystem functions for the water accounting period.
(5) To enable a Basin State to identify annual environmental watering priorities, a manager of planned environmental water in the water resource plan area:
(6) Annual environmental watering priorities for the water resource plan area must be consistent with the long‑term watering plan for that water resource plan area.
(1) The Authority must, for each water accounting period, prepare annual environmental watering priorities for the Murray‑Darling Basin (Basin annual environmental watering priorities).
(2) The purpose of the Basin annual environmental watering priorities is to identify watering priorities that give effect to the Basin‑wide environmental watering strategy.
(a) priority environmental assets and priority ecosystem functions that have Basin‑scale significance for environmental watering during that water accounting period;
(b) priority environmental assets and priority ecosystem functions whose environmental watering during the period will require complex arrangements;
Example: Complex arrangements could include multiple water sources, multiple sites, the involvement of multiple parties, the achievement of multiple benefits, or trade‑offs.
(c) any potential for synergies in environmental watering activities (including at a scale that involves multiple water resource plan areas).
(2) If any disagreement arises during the consultation referred to in subsection (1), the view of the Authority prevails.
(3) When preparing the Basin annual environmental watering priorities, the Authority must have regard to the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(e) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(i) any consultation or other information the Authority considers relevant to the co‑ordination of environmental watering.
Example: The Authority may engage an individual scientist or scientific advisory committee to provide advice on aspects of Basin annual environmental watering priorities.
(4) The Authority may identify priority environmental assets and priority ecosystem functions, and their environmental watering requirements, from:
(a) any that are identified in the Basin‑wide environmental watering strategy in accordance with subparagraph 8.14(2)(a)(i); or
(b) determining priorities for applying environmental water by applying the principles and using the method in Part 6; or
(c) if there is likely to be insufficient water to provide for all priorities determined in accordance with paragraph (a) or paragraph (b)—determining what should be considered a priority for watering by applying the principles and using the method in Part 6.
(b) if the priorities are reviewed and updated in accordance with section 8.31—as soon as practicable after they are updated.
The Authority may review and update the Basin annual environmental watering priorities at any time, including during the water accounting period.
Note: There may be reasons why it is not possible in particular circumstances to undertake watering in accordance with these priorities. Section 8.44 then applies.
Note: Example: Ensuring that the water achieves the best environmental outcomes including through multi‑site watering en route to an intended priority environmental asset.
(i) co‑ordinating environmental watering between all holders of held environmental water and managers of planned environmental water; and
(c) enhances existing flow events, where possible, so as to ensure improvement in the delivery of a full range of flow conditions, including high flow events; and
(d) takes into consideration the relative ecological benefits of applying environmental water to achieve one environmental outcome over another environmental outcome; and
(e) takes into consideration the variability of the natural flow regime, for example, by mitigating or avoiding seasonal inversion of flows; and
(g) enables information to be shared between the Authority, the Commonwealth, Basin States, holders of held environmental water and managers of planned environmental water to ensure efficient and effective use of environmental water.
(a) potential risks, including downstream risks, that may result from applying environmental water and measures that may be taken to minimise the risks; and
(b) risks arising from impediments to the delivery of water to water‑dependent ecosystems, including risks of extraction of that water for other uses, and inadequate accounting of water flows.
Environmental watering is to be undertaken having regard to the quantity of water and other resources required relative to the expected environmental benefits.
A lack of full scientific certainty as to whether there are threats of serious or irreversible environmental damage should not be used as a reason for postponing measures to prevent environmental degradation.
(a) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
River management and operational practices should be reviewed, and if necessary altered, to ensure that rivers can be managed to achieve multiple objectives, including the objectives in Part 2.
Management of water for consumptive use should, where possible, be undertaken in a way that is consistent with achieving the objectives in Part 2.
(1) If a person undertakes environmental watering other than in accordance with the Basin annual environmental watering priorities, that person must give to the Authority a statement of reasons why environmental watering has not been undertaken in accordance with the Basin annual environmental watering priorities.
(2) The person must give the statement to the Authority as soon as practicable, but in any event within 4 months after the end of the water accounting period in which the environmental watering was undertaken.
Note: This aligns with the period by which an annual report must be produced on the implementation of the environmental management framework. See section 13.14 and item 10 of the table in Schedule 12.
(1) The Authority may prepare, and publish on its website, recommendations about where in the Murray‑Darling Basin additional environmental water should be recovered (environmental water recovery recommendations).
Note: The reasoning may include models used by the Authority to identify priorities for the recovery of environmental water.
(2) The identification of particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i) must be done in collaboration with:
(b) any holders of held environmental water or managers of planned environmental water that may be called upon to provide water to meet those environmental watering requirements.
(3) If any disagreement arises during the consultation or collaboration referred to in subsection (1) or (2), the view of the Authority prevails.
Matters to which Authority must have reg Matters to which Authority must have regard
(4) When preparing the Basin‑wide environmental watering strategy, the Authority must have regard to each of the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(c) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(5) The Basin‑wide environmental watering strategy must be developed consistently with the principles to be applied in environmental watering (Division 6).
8.16 Publication of Basin‑wide environmental watering strategy
(1) The Authority must publish the Basin‑wide environmental watering strategy within 24 months after the commencement of the Basin Plan.
(2) The Authority must publish the Basin‑wide environmental watering strategy as soon as practicable after it is updated.
8.17 Review and update of Basin‑wide environmental watering strategy
Note: The Authority may review and update the Basin‑wide environmental watering strategy in response to various triggers, including any adjustment that might be made to the SDL.
Division 3 Long‑term watering plans
(a) processes to co‑ordinate the planning, prioritisation and use of planned environmental water and held environmental water, under which:
(iii) each Basin State is obliged to identify annual environmental watering priorities for water resource plan areas (Division 4); and
(c) facilitate consultation, co‑ordination and co‑operative arrangements between the Authority, the Commonwealth Environmental Water Holder and Basin States;
Note: The application of adaptive management will enable various triggers to be responded to, including any adjustment that might be made to the SDL.
updated: a plan is taken to have been updated if it is reviewed and re‑made, whether or not the plan was amended as a result of the review.
(1) The Authority must prepare a Basin‑wide environmental watering strategy for the Murray‑Darling Basin (Basin‑wide environmental watering strategy).
(c) help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(1) The Basin‑wide environmental watering strategy must include an explanation as to how the Authority will identify the Basin annual environmental watering priorities (Division 5).
(i) particular priority environmental assets or priority ecosystem functions, and their environmental watering requirements, using the methods in Part 5; or
(ii) multi‑site watering objectives and associated flow regimes, including for the northern connected system and the southern connected system; or
(i) how Basin annual environmental watering priorities should be integrated with broader natural resource management strategies; or
(ii) how the Authority will identify synergies in environmental watering activities or resolve conflicting demands for available environmental water in the course of preparing the Basin annual environmental watering priorities;
(i) relating to what constitutes best practice in planning, prioritisation and use of environmental water, including decision‑making and priority‑setting; or
(2) The identification of particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i) must be done in collaboration with:
(b) any holders of held environmental water or managers of planned environmental water that may be called upon to provide water to meet those environmental watering requirements.
(3) If any disagreement arises during the consultation or collaboration referred to in subsection (1) or (2), the view of the Authority prevails.
(4) When preparing the Basin‑wide environmental watering strategy, the Authority must have regard to each of the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(c) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(5) The Basin‑wide environmental watering strategy must be developed consistently with the principles to be applied in environmental watering (Division 6).
(1) The Authority must publish the Basin‑wide environmental watering strategy within 24 months after the commencement of the Basin Plan.
(2) The Authority must publish the Basin‑wide environmental watering strategy as soon as practicable after it is updated.
Note: The Authority may review and update the Basin‑wide environmental watering strategy in response to various triggers, including any adjustment that might be made to the SDL.
A Basin State must prepare a long‑term environmental watering plan for each water resource plan area that contains surface water (long‑term watering plan).
Note: The level of detail in a long‑term watering plan may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(3) If the Basin‑wide environmental watering strategy has identified particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i), a long‑term watering plan must be consistent with that part of the Basin‑wide environmental watering strategy.
(4) A long‑term watering plan must identify possible co‑operative arrangements (for example, possible co‑operative watering regimes) between holders of held environmental water, managers of planned environmental water, and owners or managers of environmental assets for the delivery of environmental water:
that will ensure that environmental water meets the environmental watering requirements identified in accordance with subsections (1), (2) and (3).
(a) long‑term risks to providing for the environmental watering requirements of priority environmental assets and priority ecosystem functions; and
(8) A long‑term watering plan may provide that a specified instrument or text, or specified part of an instrument or text, is part of the plan.
(d) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: Under paragraphs (a) and (b), a Basin State may consult with any holder or manager whose environmental water could contribute to environmental watering in the water resource plan area, regardless of the location of the holder or manager, or of the location of the water.
(2) When preparing a long‑term watering plan, a Basin State must have regard to the Basin‑wide environmental watering strategy (Division 2).
Note: Paragraph 8.13(2)(c) provides that one of the purposes of the Basin‑wide environmental watering strategy is to help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(3) A long‑term watering plan must be developed consistently with the principles to be applied in environmental watering (Division 6).
(4) The Authority may advise, or assist, a Basin State in preparing a long‑term watering plan, or an updated long‑term watering plan.
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
(b) if the long‑term watering plan is reviewed and updated in accordance with subsection 8.22(1)—no later than 3 months after the relevant event mentioned in that subsection; or
(c) if the long‑term watering plan is reviewed and updated other than in accordance with subsection 8.22(1)—as soon as practicable after it is updated; or
Note: Subsection 8.16(1) provides that the Authority has 24 months from commencement of the Basin Plan to publish the Basin‑wide environmental watering strategy. The 12‑month timeframe referred to in paragraph (a) commences when the Authority actually publishes the strategy, and not 24 months after commencement of the Basin Plan.
Note: To ensure transparency, it is expected that Basin States will publish long‑term watering plans as soon as is practicable.
(a) the water resource plan for the water resource plan area is accredited by the Minister under section 63 of the Act; or
(b) an amendment of the water resource plan for the water resource plan area is accredited by the Minister under section 65 of the Act; or
(d) the Authority publishes an updated Basin‑wide environmental watering strategy, the updates of which materially affect the long‑term watering plan; or
(1) A Basin State must, in relation to each water accounting period, identify annual environmental watering priorities for surface water in each water resource plan area (annual environmental watering priorities).
(1) Annual environmental watering priorities must identify priorities for the watering of priority environmental assets and priority ecosystem functions in the water resource plan area.
(2) Annual environmental watering priorities must identify, to the extent possible, the assumptions upon which the priorities were based, including:
(a) expected holdings of held environmental water, including quantities, reliability, security class, licence type, limitations, and other characteristics of that water (including who holds that water); and
(b) expected quantities of planned environmental water and the associated rules and arrangements relating to that water (including who manages that water).
(3) Annual environmental watering priorities must identify possible co‑operative arrangements (including possible co‑operative watering regimes) that:
(c) support the delivery of environmental water in accordance with the priorities identified in the Basin State’s annual environmental watering priorities.
(4) The annual environmental watering priorities may provide that a specified instrument or text, or specified part of an instrument or text, is part of the priorities.
Note: The level of detail in annual watering priorities may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(1) When identifying annual environmental watering priorities, a Basin State must apply the principles and use the method in Part 6.
(b) any register of held environmental water maintained under the rules of the water resource plan for the water resource plan area; and
(e) any rules relating to planned environmental water in the transitional water resource plan, interim water resource plan or water resource plan for the water resource plan area, as applicable.
Note: See section 10.09, which requires water resource plans to identify planned environmental water and to maintain a register of held environmental water in certain circumstances.
(3) To avoid doubt, the requirements in paragraphs (2)(b) and (2)(e) apply only if a water resource plan has been accredited or adopted for the water resource plan area.
(4) To enable a Basin State to identify annual environmental watering priorities, a holder of held environmental water in the water resource plan area:
(b) may give a Basin State views on environmental watering priorities for priority environmental assets and priority ecosystem functions for the water accounting period.
(5) To enable a Basin State to identify annual environmental watering priorities, a manager of planned environmental water in the water resource plan area:
(6) Annual environmental watering priorities for the water resource plan area must be consistent with the long‑term watering plan for that water resource plan area.
(1) The Authority must, for each water accounting period, prepare annual environmental watering priorities for the Murray‑Darling Basin (Basin annual environmental watering priorities).
(2) The purpose of the Basin annual environmental watering priorities is to identify watering priorities that give effect to the Basin‑wide environmental watering strategy.
(a) priority environmental assets and priority ecosystem functions that have Basin‑scale significance for environmental watering during that water accounting period;
(b) priority environmental assets and priority ecosystem functions whose environmental watering during the period will require complex arrangements;
Example: Complex arrangements could include multiple water sources, multiple sites, the involvement of multiple parties, the achievement of multiple benefits, or trade‑offs.
(c) any potential for synergies in environmental watering activities (including at a scale that involves multiple water resource plan areas).
(2) If any disagreement arises during the consultation referred to in subsection (1), the view of the Authority prevails.
(3) When preparing the Basin annual environmental watering priorities, the Authority must have regard to the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(e) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(i) any consultation or other information the Authority considers relevant to the co‑ordination of environmental watering.
Example: The Authority may engage an individual scientist or scientific advisory committee to provide advice on aspects of Basin annual environmental watering priorities.
(4) The Authority may identify priority environmental assets and priority ecosystem functions, and their environmental watering requirements, from:
(a) any that are identified in the Basin‑wide environmental watering strategy in accordance with subparagraph 8.14(2)(a)(i); or
(b) determining priorities for applying environmental water by applying the principles and using the method in Part 6; or
(c) if there is likely to be insufficient water to provide for all priorities determined in accordance with paragraph (a) or paragraph (b)—determining what should be considered a priority for watering by applying the principles and using the method in Part 6.
(b) if the priorities are reviewed and updated in accordance with section 8.31—as soon as practicable after they are updated.
The Authority may review and update the Basin annual environmental watering priorities at any time, including during the water accounting period.
Note: There may be reasons why it is not possible in particular circumstances to undertake watering in accordance with these priorities. Section 8.44 then applies.
Note: Example: Ensuring that the water achieves the best environmental outcomes including through multi‑site watering en route to an intended priority environmental asset.
(i) co‑ordinating environmental watering between all holders of held environmental water and managers of planned environmental water; and
(c) enhances existing flow events, where possible, so as to ensure improvement in the delivery of a full range of flow conditions, including high flow events; and
(d) takes into consideration the relative ecological benefits of applying environmental water to achieve one environmental outcome over another environmental outcome; and
(e) takes into consideration the variability of the natural flow regime, for example, by mitigating or avoiding seasonal inversion of flows; and
(g) enables information to be shared between the Authority, the Commonwealth, Basin States, holders of held environmental water and managers of planned environmental water to ensure efficient and effective use of environmental water.
(a) potential risks, including downstream risks, that may result from applying environmental water and measures that may be taken to minimise the risks; and
(b) risks arising from impediments to the delivery of water to water‑dependent ecosystems, including risks of extraction of that water for other uses, and inadequate accounting of water flows.
Environmental watering is to be undertaken having regard to the quantity of water and other resources required relative to the expected environmental benefits.
A lack of full scientific certainty as to whether there are threats of serious or irreversible environmental damage should not be used as a reason for postponing measures to prevent environmental degradation.
(a) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
River management and operational practices should be reviewed, and if necessary altered, to ensure that rivers can be managed to achieve multiple objectives, including the objectives in Part 2.
Management of water for consumptive use should, where possible, be undertaken in a way that is consistent with achieving the objectives in Part 2.
(1) If a person undertakes environmental watering other than in accordance with the Basin annual environmental watering priorities, that person must give to the Authority a statement of reasons why environmental watering has not been undertaken in accordance with the Basin annual environmental watering priorities.
(2) The person must give the statement to the Authority as soon as practicable, but in any event within 4 months after the end of the water accounting period in which the environmental watering was undertaken.
Note: This aligns with the period by which an annual report must be produced on the implementation of the environmental management framework. See section 13.14 and item 10 of the table in Schedule 12.
(1) The Authority may prepare, and publish on its website, recommendations about where in the Murray‑Darling Basin additional environmental water should be recovered (environmental water recovery recommendations).
Note: The reasoning may include models used by the Authority to identify priorities for the recovery of environmental water.
8.18 Obligation to prepare long‑term watering plans
A Basin State must prepare a long‑term environmental watering plan for each water resource plan area that contains surface water (long‑term watering plan).
8.19 Content of long‑term watering plans
Note: The level of detail in a long‑term watering plan may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
Identification of environmental watering Identification of environmental watering requirements
(3) If the Basin‑wide environmental watering strategy has identified particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i), a long‑term watering plan must be consistent with that part of the Basin‑wide environmental watering strategy.
Identification of possible co‑operative Identification of possible co‑operative arrangements
(4) A long‑term watering plan must identify possible co‑operative arrangements (for example, possible co‑operative watering regimes) between holders of held environmental water, managers of planned environmental water, and owners or managers of environmental assets for the delivery of environmental water:
that will ensure that environmental water meets the environmental watering requirements identified in accordance with subsections (1), (2) and (3).
Identification of long‑term risks Identification of long‑term risks
(a) long‑term risks to providing for the environmental watering requirements of priority environmental assets and priority ecosystem functions; and
Operational constraints Operational constraints
Supporting information Supporting information
Incorporation of other material Incorporation of other material
(8) A long‑term watering plan may provide that a specified instrument or text, or specified part of an instrument or text, is part of the plan.
8.20 Preparation of long‑term watering plans
(a) processes to co‑ordinate the planning, prioritisation and use of planned environmental water and held environmental water, under which:
(iii) each Basin State is obliged to identify annual environmental watering priorities for water resource plan areas (Division 4); and
(c) facilitate consultation, co‑ordination and co‑operative arrangements between the Authority, the Commonwealth Environmental Water Holder and Basin States;
Note: The application of adaptive management will enable various triggers to be responded to, including any adjustment that might be made to the SDL.
updated: a plan is taken to have been updated if it is reviewed and re‑made, whether or not the plan was amended as a result of the review.
(1) The Authority must prepare a Basin‑wide environmental watering strategy for the Murray‑Darling Basin (Basin‑wide environmental watering strategy).
(c) help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(1) The Basin‑wide environmental watering strategy must include an explanation as to how the Authority will identify the Basin annual environmental watering priorities (Division 5).
(i) particular priority environmental assets or priority ecosystem functions, and their environmental watering requirements, using the methods in Part 5; or
(ii) multi‑site watering objectives and associated flow regimes, including for the northern connected system and the southern connected system; or
(i) how Basin annual environmental watering priorities should be integrated with broader natural resource management strategies; or
(ii) how the Authority will identify synergies in environmental watering activities or resolve conflicting demands for available environmental water in the course of preparing the Basin annual environmental watering priorities;
(i) relating to what constitutes best practice in planning, prioritisation and use of environmental water, including decision‑making and priority‑setting; or
(2) The identification of particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i) must be done in collaboration with:
(b) any holders of held environmental water or managers of planned environmental water that may be called upon to provide water to meet those environmental watering requirements.
(3) If any disagreement arises during the consultation or collaboration referred to in subsection (1) or (2), the view of the Authority prevails.
(4) When preparing the Basin‑wide environmental watering strategy, the Authority must have regard to each of the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(c) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(5) The Basin‑wide environmental watering strategy must be developed consistently with the principles to be applied in environmental watering (Division 6).
(1) The Authority must publish the Basin‑wide environmental watering strategy within 24 months after the commencement of the Basin Plan.
(2) The Authority must publish the Basin‑wide environmental watering strategy as soon as practicable after it is updated.
Note: The Authority may review and update the Basin‑wide environmental watering strategy in response to various triggers, including any adjustment that might be made to the SDL.
A Basin State must prepare a long‑term environmental watering plan for each water resource plan area that contains surface water (long‑term watering plan).
Note: The level of detail in a long‑term watering plan may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(3) If the Basin‑wide environmental watering strategy has identified particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i), a long‑term watering plan must be consistent with that part of the Basin‑wide environmental watering strategy.
(4) A long‑term watering plan must identify possible co‑operative arrangements (for example, possible co‑operative watering regimes) between holders of held environmental water, managers of planned environmental water, and owners or managers of environmental assets for the delivery of environmental water:
that will ensure that environmental water meets the environmental watering requirements identified in accordance with subsections (1), (2) and (3).
(a) long‑term risks to providing for the environmental watering requirements of priority environmental assets and priority ecosystem functions; and
(8) A long‑term watering plan may provide that a specified instrument or text, or specified part of an instrument or text, is part of the plan.
(d) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: Under paragraphs (a) and (b), a Basin State may consult with any holder or manager whose environmental water could contribute to environmental watering in the water resource plan area, regardless of the location of the holder or manager, or of the location of the water.
(2) When preparing a long‑term watering plan, a Basin State must have regard to the Basin‑wide environmental watering strategy (Division 2).
Note: Paragraph 8.13(2)(c) provides that one of the purposes of the Basin‑wide environmental watering strategy is to help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(3) A long‑term watering plan must be developed consistently with the principles to be applied in environmental watering (Division 6).
(4) The Authority may advise, or assist, a Basin State in preparing a long‑term watering plan, or an updated long‑term watering plan.
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
(b) if the long‑term watering plan is reviewed and updated in accordance with subsection 8.22(1)—no later than 3 months after the relevant event mentioned in that subsection; or
(c) if the long‑term watering plan is reviewed and updated other than in accordance with subsection 8.22(1)—as soon as practicable after it is updated; or
Note: Subsection 8.16(1) provides that the Authority has 24 months from commencement of the Basin Plan to publish the Basin‑wide environmental watering strategy. The 12‑month timeframe referred to in paragraph (a) commences when the Authority actually publishes the strategy, and not 24 months after commencement of the Basin Plan.
Note: To ensure transparency, it is expected that Basin States will publish long‑term watering plans as soon as is practicable.
(a) the water resource plan for the water resource plan area is accredited by the Minister under section 63 of the Act; or
(b) an amendment of the water resource plan for the water resource plan area is accredited by the Minister under section 65 of the Act; or
(d) the Authority publishes an updated Basin‑wide environmental watering strategy, the updates of which materially affect the long‑term watering plan; or
(1) A Basin State must, in relation to each water accounting period, identify annual environmental watering priorities for surface water in each water resource plan area (annual environmental watering priorities).
(1) Annual environmental watering priorities must identify priorities for the watering of priority environmental assets and priority ecosystem functions in the water resource plan area.
(2) Annual environmental watering priorities must identify, to the extent possible, the assumptions upon which the priorities were based, including:
(a) expected holdings of held environmental water, including quantities, reliability, security class, licence type, limitations, and other characteristics of that water (including who holds that water); and
(b) expected quantities of planned environmental water and the associated rules and arrangements relating to that water (including who manages that water).
(3) Annual environmental watering priorities must identify possible co‑operative arrangements (including possible co‑operative watering regimes) that:
(c) support the delivery of environmental water in accordance with the priorities identified in the Basin State’s annual environmental watering priorities.
(4) The annual environmental watering priorities may provide that a specified instrument or text, or specified part of an instrument or text, is part of the priorities.
Note: The level of detail in annual watering priorities may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(1) When identifying annual environmental watering priorities, a Basin State must apply the principles and use the method in Part 6.
(b) any register of held environmental water maintained under the rules of the water resource plan for the water resource plan area; and
(e) any rules relating to planned environmental water in the transitional water resource plan, interim water resource plan or water resource plan for the water resource plan area, as applicable.
Note: See section 10.09, which requires water resource plans to identify planned environmental water and to maintain a register of held environmental water in certain circumstances.
(3) To avoid doubt, the requirements in paragraphs (2)(b) and (2)(e) apply only if a water resource plan has been accredited or adopted for the water resource plan area.
(4) To enable a Basin State to identify annual environmental watering priorities, a holder of held environmental water in the water resource plan area:
(b) may give a Basin State views on environmental watering priorities for priority environmental assets and priority ecosystem functions for the water accounting period.
(5) To enable a Basin State to identify annual environmental watering priorities, a manager of planned environmental water in the water resource plan area:
(6) Annual environmental watering priorities for the water resource plan area must be consistent with the long‑term watering plan for that water resource plan area.
(1) The Authority must, for each water accounting period, prepare annual environmental watering priorities for the Murray‑Darling Basin (Basin annual environmental watering priorities).
(2) The purpose of the Basin annual environmental watering priorities is to identify watering priorities that give effect to the Basin‑wide environmental watering strategy.
(a) priority environmental assets and priority ecosystem functions that have Basin‑scale significance for environmental watering during that water accounting period;
(b) priority environmental assets and priority ecosystem functions whose environmental watering during the period will require complex arrangements;
Example: Complex arrangements could include multiple water sources, multiple sites, the involvement of multiple parties, the achievement of multiple benefits, or trade‑offs.
(c) any potential for synergies in environmental watering activities (including at a scale that involves multiple water resource plan areas).
(2) If any disagreement arises during the consultation referred to in subsection (1), the view of the Authority prevails.
(3) When preparing the Basin annual environmental watering priorities, the Authority must have regard to the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(e) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(i) any consultation or other information the Authority considers relevant to the co‑ordination of environmental watering.
Example: The Authority may engage an individual scientist or scientific advisory committee to provide advice on aspects of Basin annual environmental watering priorities.
(4) The Authority may identify priority environmental assets and priority ecosystem functions, and their environmental watering requirements, from:
(a) any that are identified in the Basin‑wide environmental watering strategy in accordance with subparagraph 8.14(2)(a)(i); or
(b) determining priorities for applying environmental water by applying the principles and using the method in Part 6; or
(c) if there is likely to be insufficient water to provide for all priorities determined in accordance with paragraph (a) or paragraph (b)—determining what should be considered a priority for watering by applying the principles and using the method in Part 6.
(b) if the priorities are reviewed and updated in accordance with section 8.31—as soon as practicable after they are updated.
The Authority may review and update the Basin annual environmental watering priorities at any time, including during the water accounting period.
Note: There may be reasons why it is not possible in particular circumstances to undertake watering in accordance with these priorities. Section 8.44 then applies.
Note: Example: Ensuring that the water achieves the best environmental outcomes including through multi‑site watering en route to an intended priority environmental asset.
(i) co‑ordinating environmental watering between all holders of held environmental water and managers of planned environmental water; and
(c) enhances existing flow events, where possible, so as to ensure improvement in the delivery of a full range of flow conditions, including high flow events; and
(d) takes into consideration the relative ecological benefits of applying environmental water to achieve one environmental outcome over another environmental outcome; and
(e) takes into consideration the variability of the natural flow regime, for example, by mitigating or avoiding seasonal inversion of flows; and
(g) enables information to be shared between the Authority, the Commonwealth, Basin States, holders of held environmental water and managers of planned environmental water to ensure efficient and effective use of environmental water.
(a) potential risks, including downstream risks, that may result from applying environmental water and measures that may be taken to minimise the risks; and
(b) risks arising from impediments to the delivery of water to water‑dependent ecosystems, including risks of extraction of that water for other uses, and inadequate accounting of water flows.
Environmental watering is to be undertaken having regard to the quantity of water and other resources required relative to the expected environmental benefits.
A lack of full scientific certainty as to whether there are threats of serious or irreversible environmental damage should not be used as a reason for postponing measures to prevent environmental degradation.
(a) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
River management and operational practices should be reviewed, and if necessary altered, to ensure that rivers can be managed to achieve multiple objectives, including the objectives in Part 2.
Management of water for consumptive use should, where possible, be undertaken in a way that is consistent with achieving the objectives in Part 2.
(1) If a person undertakes environmental watering other than in accordance with the Basin annual environmental watering priorities, that person must give to the Authority a statement of reasons why environmental watering has not been undertaken in accordance with the Basin annual environmental watering priorities.
(2) The person must give the statement to the Authority as soon as practicable, but in any event within 4 months after the end of the water accounting period in which the environmental watering was undertaken.
Note: This aligns with the period by which an annual report must be produced on the implementation of the environmental management framework. See section 13.14 and item 10 of the table in Schedule 12.
(1) The Authority may prepare, and publish on its website, recommendations about where in the Murray‑Darling Basin additional environmental water should be recovered (environmental water recovery recommendations).
Note: The reasoning may include models used by the Authority to identify priorities for the recovery of environmental water.
Matters to which Basin State is to have Matters to which Basin State is to have regard
(2) When preparing a long‑term watering plan, a Basin State must have regard to the Basin‑wide environmental watering strategy (Division 2).
Note: Paragraph 8.13(2)(c) provides that one of the purposes of the Basin‑wide environmental watering strategy is to help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(3) A long‑term watering plan must be developed consistently with the principles to be applied in environmental watering (Division 6).
Advice from the Authority Advice from the Authority
(4) The Authority may advise, or assist, a Basin State in preparing a long‑term watering plan, or an updated long‑term watering plan.
Consistency with international agreement Consistency with international agreements
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
8.21 Provision and publication of long‑term watering plans
(b) if the long‑term watering plan is reviewed and updated in accordance with subsection 8.22(1)—no later than 3 months after the relevant event mentioned in that subsection; or
(c) if the long‑term watering plan is reviewed and updated other than in accordance with subsection 8.22(1)—as soon as practicable after it is updated; or
Note: Subsection 8.16(1) provides that the Authority has 24 months from commencement of the Basin Plan to publish the Basin‑wide environmental watering strategy. The 12‑month timeframe referred to in paragraph (a) commences when the Authority actually publishes the strategy, and not 24 months after commencement of the Basin Plan.
Note: To ensure transparency, it is expected that Basin States will publish long‑term watering plans as soon as is practicable.
8.22 Review and update of long‑term watering plans
(a) the water resource plan for the water resource plan area is accredited by the Minister under section 63 of the Act; or
(b) an amendment of the water resource plan for the water resource plan area is accredited by the Minister under section 65 of the Act; or
(d) the Authority publishes an updated Basin‑wide environmental watering strategy, the updates of which materially affect the long‑term watering plan; or
(a) processes to co‑ordinate the planning, prioritisation and use of planned environmental water and held environmental water, under which:
(iii) each Basin State is obliged to identify annual environmental watering priorities for water resource plan areas (Division 4); and
(c) facilitate consultation, co‑ordination and co‑operative arrangements between the Authority, the Commonwealth Environmental Water Holder and Basin States;
Note: The application of adaptive management will enable various triggers to be responded to, including any adjustment that might be made to the SDL.
updated: a plan is taken to have been updated if it is reviewed and re‑made, whether or not the plan was amended as a result of the review.
(1) The Authority must prepare a Basin‑wide environmental watering strategy for the Murray‑Darling Basin (Basin‑wide environmental watering strategy).
(c) help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(1) The Basin‑wide environmental watering strategy must include an explanation as to how the Authority will identify the Basin annual environmental watering priorities (Division 5).
(i) particular priority environmental assets or priority ecosystem functions, and their environmental watering requirements, using the methods in Part 5; or
(ii) multi‑site watering objectives and associated flow regimes, including for the northern connected system and the southern connected system; or
(i) how Basin annual environmental watering priorities should be integrated with broader natural resource management strategies; or
(ii) how the Authority will identify synergies in environmental watering activities or resolve conflicting demands for available environmental water in the course of preparing the Basin annual environmental watering priorities;
(i) relating to what constitutes best practice in planning, prioritisation and use of environmental water, including decision‑making and priority‑setting; or
(2) The identification of particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i) must be done in collaboration with:
(b) any holders of held environmental water or managers of planned environmental water that may be called upon to provide water to meet those environmental watering requirements.
(3) If any disagreement arises during the consultation or collaboration referred to in subsection (1) or (2), the view of the Authority prevails.
(4) When preparing the Basin‑wide environmental watering strategy, the Authority must have regard to each of the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(c) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(5) The Basin‑wide environmental watering strategy must be developed consistently with the principles to be applied in environmental watering (Division 6).
(1) The Authority must publish the Basin‑wide environmental watering strategy within 24 months after the commencement of the Basin Plan.
(2) The Authority must publish the Basin‑wide environmental watering strategy as soon as practicable after it is updated.
Note: The Authority may review and update the Basin‑wide environmental watering strategy in response to various triggers, including any adjustment that might be made to the SDL.
A Basin State must prepare a long‑term environmental watering plan for each water resource plan area that contains surface water (long‑term watering plan).
Note: The level of detail in a long‑term watering plan may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(3) If the Basin‑wide environmental watering strategy has identified particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i), a long‑term watering plan must be consistent with that part of the Basin‑wide environmental watering strategy.
(4) A long‑term watering plan must identify possible co‑operative arrangements (for example, possible co‑operative watering regimes) between holders of held environmental water, managers of planned environmental water, and owners or managers of environmental assets for the delivery of environmental water:
that will ensure that environmental water meets the environmental watering requirements identified in accordance with subsections (1), (2) and (3).
(a) long‑term risks to providing for the environmental watering requirements of priority environmental assets and priority ecosystem functions; and
(8) A long‑term watering plan may provide that a specified instrument or text, or specified part of an instrument or text, is part of the plan.
(d) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: Under paragraphs (a) and (b), a Basin State may consult with any holder or manager whose environmental water could contribute to environmental watering in the water resource plan area, regardless of the location of the holder or manager, or of the location of the water.
(2) When preparing a long‑term watering plan, a Basin State must have regard to the Basin‑wide environmental watering strategy (Division 2).
Note: Paragraph 8.13(2)(c) provides that one of the purposes of the Basin‑wide environmental watering strategy is to help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(3) A long‑term watering plan must be developed consistently with the principles to be applied in environmental watering (Division 6).
(4) The Authority may advise, or assist, a Basin State in preparing a long‑term watering plan, or an updated long‑term watering plan.
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
(b) if the long‑term watering plan is reviewed and updated in accordance with subsection 8.22(1)—no later than 3 months after the relevant event mentioned in that subsection; or
(c) if the long‑term watering plan is reviewed and updated other than in accordance with subsection 8.22(1)—as soon as practicable after it is updated; or
Note: Subsection 8.16(1) provides that the Authority has 24 months from commencement of the Basin Plan to publish the Basin‑wide environmental watering strategy. The 12‑month timeframe referred to in paragraph (a) commences when the Authority actually publishes the strategy, and not 24 months after commencement of the Basin Plan.
Note: To ensure transparency, it is expected that Basin States will publish long‑term watering plans as soon as is practicable.
(a) the water resource plan for the water resource plan area is accredited by the Minister under section 63 of the Act; or
(b) an amendment of the water resource plan for the water resource plan area is accredited by the Minister under section 65 of the Act; or
(d) the Authority publishes an updated Basin‑wide environmental watering strategy, the updates of which materially affect the long‑term watering plan; or
(1) A Basin State must, in relation to each water accounting period, identify annual environmental watering priorities for surface water in each water resource plan area (annual environmental watering priorities).
(1) Annual environmental watering priorities must identify priorities for the watering of priority environmental assets and priority ecosystem functions in the water resource plan area.
(2) Annual environmental watering priorities must identify, to the extent possible, the assumptions upon which the priorities were based, including:
(a) expected holdings of held environmental water, including quantities, reliability, security class, licence type, limitations, and other characteristics of that water (including who holds that water); and
(b) expected quantities of planned environmental water and the associated rules and arrangements relating to that water (including who manages that water).
(3) Annual environmental watering priorities must identify possible co‑operative arrangements (including possible co‑operative watering regimes) that:
(c) support the delivery of environmental water in accordance with the priorities identified in the Basin State’s annual environmental watering priorities.
(4) The annual environmental watering priorities may provide that a specified instrument or text, or specified part of an instrument or text, is part of the priorities.
Note: The level of detail in annual watering priorities may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(1) When identifying annual environmental watering priorities, a Basin State must apply the principles and use the method in Part 6.
(b) any register of held environmental water maintained under the rules of the water resource plan for the water resource plan area; and
(e) any rules relating to planned environmental water in the transitional water resource plan, interim water resource plan or water resource plan for the water resource plan area, as applicable.
Note: See section 10.09, which requires water resource plans to identify planned environmental water and to maintain a register of held environmental water in certain circumstances.
(3) To avoid doubt, the requirements in paragraphs (2)(b) and (2)(e) apply only if a water resource plan has been accredited or adopted for the water resource plan area.
(4) To enable a Basin State to identify annual environmental watering priorities, a holder of held environmental water in the water resource plan area:
(b) may give a Basin State views on environmental watering priorities for priority environmental assets and priority ecosystem functions for the water accounting period.
(5) To enable a Basin State to identify annual environmental watering priorities, a manager of planned environmental water in the water resource plan area:
(6) Annual environmental watering priorities for the water resource plan area must be consistent with the long‑term watering plan for that water resource plan area.
(1) The Authority must, for each water accounting period, prepare annual environmental watering priorities for the Murray‑Darling Basin (Basin annual environmental watering priorities).
(2) The purpose of the Basin annual environmental watering priorities is to identify watering priorities that give effect to the Basin‑wide environmental watering strategy.
(a) priority environmental assets and priority ecosystem functions that have Basin‑scale significance for environmental watering during that water accounting period;
(b) priority environmental assets and priority ecosystem functions whose environmental watering during the period will require complex arrangements;
Example: Complex arrangements could include multiple water sources, multiple sites, the involvement of multiple parties, the achievement of multiple benefits, or trade‑offs.
(c) any potential for synergies in environmental watering activities (including at a scale that involves multiple water resource plan areas).
(2) If any disagreement arises during the consultation referred to in subsection (1), the view of the Authority prevails.
(3) When preparing the Basin annual environmental watering priorities, the Authority must have regard to the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(e) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(i) any consultation or other information the Authority considers relevant to the co‑ordination of environmental watering.
Example: The Authority may engage an individual scientist or scientific advisory committee to provide advice on aspects of Basin annual environmental watering priorities.
(4) The Authority may identify priority environmental assets and priority ecosystem functions, and their environmental watering requirements, from:
(a) any that are identified in the Basin‑wide environmental watering strategy in accordance with subparagraph 8.14(2)(a)(i); or
(b) determining priorities for applying environmental water by applying the principles and using the method in Part 6; or
(c) if there is likely to be insufficient water to provide for all priorities determined in accordance with paragraph (a) or paragraph (b)—determining what should be considered a priority for watering by applying the principles and using the method in Part 6.
(b) if the priorities are reviewed and updated in accordance with section 8.31—as soon as practicable after they are updated.
The Authority may review and update the Basin annual environmental watering priorities at any time, including during the water accounting period.
Note: There may be reasons why it is not possible in particular circumstances to undertake watering in accordance with these priorities. Section 8.44 then applies.
Note: Example: Ensuring that the water achieves the best environmental outcomes including through multi‑site watering en route to an intended priority environmental asset.
(i) co‑ordinating environmental watering between all holders of held environmental water and managers of planned environmental water; and
(c) enhances existing flow events, where possible, so as to ensure improvement in the delivery of a full range of flow conditions, including high flow events; and
(d) takes into consideration the relative ecological benefits of applying environmental water to achieve one environmental outcome over another environmental outcome; and
(e) takes into consideration the variability of the natural flow regime, for example, by mitigating or avoiding seasonal inversion of flows; and
(g) enables information to be shared between the Authority, the Commonwealth, Basin States, holders of held environmental water and managers of planned environmental water to ensure efficient and effective use of environmental water.
(a) potential risks, including downstream risks, that may result from applying environmental water and measures that may be taken to minimise the risks; and
(b) risks arising from impediments to the delivery of water to water‑dependent ecosystems, including risks of extraction of that water for other uses, and inadequate accounting of water flows.
Environmental watering is to be undertaken having regard to the quantity of water and other resources required relative to the expected environmental benefits.
A lack of full scientific certainty as to whether there are threats of serious or irreversible environmental damage should not be used as a reason for postponing measures to prevent environmental degradation.
(a) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
River management and operational practices should be reviewed, and if necessary altered, to ensure that rivers can be managed to achieve multiple objectives, including the objectives in Part 2.
Management of water for consumptive use should, where possible, be undertaken in a way that is consistent with achieving the objectives in Part 2.
(1) If a person undertakes environmental watering other than in accordance with the Basin annual environmental watering priorities, that person must give to the Authority a statement of reasons why environmental watering has not been undertaken in accordance with the Basin annual environmental watering priorities.
(2) The person must give the statement to the Authority as soon as practicable, but in any event within 4 months after the end of the water accounting period in which the environmental watering was undertaken.
Note: This aligns with the period by which an annual report must be produced on the implementation of the environmental management framework. See section 13.14 and item 10 of the table in Schedule 12.
(1) The Authority may prepare, and publish on its website, recommendations about where in the Murray‑Darling Basin additional environmental water should be recovered (environmental water recovery recommendations).
Note: The reasoning may include models used by the Authority to identify priorities for the recovery of environmental water.
8.23 Obligation to identify annual environmental watering priorities
(1) A Basin State must, in relation to each water accounting period, identify annual environmental watering priorities for surface water in each water resource plan area (annual environmental watering priorities).
8.24 Content of annual environmental watering priorities
(a) processes to co‑ordinate the planning, prioritisation and use of planned environmental water and held environmental water, under which:
(iii) each Basin State is obliged to identify annual environmental watering priorities for water resource plan areas (Division 4); and
(c) facilitate consultation, co‑ordination and co‑operative arrangements between the Authority, the Commonwealth Environmental Water Holder and Basin States;
Note: The application of adaptive management will enable various triggers to be responded to, including any adjustment that might be made to the SDL.
updated: a plan is taken to have been updated if it is reviewed and re‑made, whether or not the plan was amended as a result of the review.
(1) The Authority must prepare a Basin‑wide environmental watering strategy for the Murray‑Darling Basin (Basin‑wide environmental watering strategy).
(c) help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(1) The Basin‑wide environmental watering strategy must include an explanation as to how the Authority will identify the Basin annual environmental watering priorities (Division 5).
(i) particular priority environmental assets or priority ecosystem functions, and their environmental watering requirements, using the methods in Part 5; or
(ii) multi‑site watering objectives and associated flow regimes, including for the northern connected system and the southern connected system; or
(i) how Basin annual environmental watering priorities should be integrated with broader natural resource management strategies; or
(ii) how the Authority will identify synergies in environmental watering activities or resolve conflicting demands for available environmental water in the course of preparing the Basin annual environmental watering priorities;
(i) relating to what constitutes best practice in planning, prioritisation and use of environmental water, including decision‑making and priority‑setting; or
(2) The identification of particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i) must be done in collaboration with:
(b) any holders of held environmental water or managers of planned environmental water that may be called upon to provide water to meet those environmental watering requirements.
(3) If any disagreement arises during the consultation or collaboration referred to in subsection (1) or (2), the view of the Authority prevails.
(4) When preparing the Basin‑wide environmental watering strategy, the Authority must have regard to each of the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(c) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(5) The Basin‑wide environmental watering strategy must be developed consistently with the principles to be applied in environmental watering (Division 6).
(1) The Authority must publish the Basin‑wide environmental watering strategy within 24 months after the commencement of the Basin Plan.
(2) The Authority must publish the Basin‑wide environmental watering strategy as soon as practicable after it is updated.
Note: The Authority may review and update the Basin‑wide environmental watering strategy in response to various triggers, including any adjustment that might be made to the SDL.
A Basin State must prepare a long‑term environmental watering plan for each water resource plan area that contains surface water (long‑term watering plan).
Note: The level of detail in a long‑term watering plan may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(3) If the Basin‑wide environmental watering strategy has identified particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i), a long‑term watering plan must be consistent with that part of the Basin‑wide environmental watering strategy.
(4) A long‑term watering plan must identify possible co‑operative arrangements (for example, possible co‑operative watering regimes) between holders of held environmental water, managers of planned environmental water, and owners or managers of environmental assets for the delivery of environmental water:
that will ensure that environmental water meets the environmental watering requirements identified in accordance with subsections (1), (2) and (3).
(a) long‑term risks to providing for the environmental watering requirements of priority environmental assets and priority ecosystem functions; and
(8) A long‑term watering plan may provide that a specified instrument or text, or specified part of an instrument or text, is part of the plan.
(d) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: Under paragraphs (a) and (b), a Basin State may consult with any holder or manager whose environmental water could contribute to environmental watering in the water resource plan area, regardless of the location of the holder or manager, or of the location of the water.
(2) When preparing a long‑term watering plan, a Basin State must have regard to the Basin‑wide environmental watering strategy (Division 2).
Note: Paragraph 8.13(2)(c) provides that one of the purposes of the Basin‑wide environmental watering strategy is to help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(3) A long‑term watering plan must be developed consistently with the principles to be applied in environmental watering (Division 6).
(4) The Authority may advise, or assist, a Basin State in preparing a long‑term watering plan, or an updated long‑term watering plan.
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
(b) if the long‑term watering plan is reviewed and updated in accordance with subsection 8.22(1)—no later than 3 months after the relevant event mentioned in that subsection; or
(c) if the long‑term watering plan is reviewed and updated other than in accordance with subsection 8.22(1)—as soon as practicable after it is updated; or
Note: Subsection 8.16(1) provides that the Authority has 24 months from commencement of the Basin Plan to publish the Basin‑wide environmental watering strategy. The 12‑month timeframe referred to in paragraph (a) commences when the Authority actually publishes the strategy, and not 24 months after commencement of the Basin Plan.
Note: To ensure transparency, it is expected that Basin States will publish long‑term watering plans as soon as is practicable.
(a) the water resource plan for the water resource plan area is accredited by the Minister under section 63 of the Act; or
(b) an amendment of the water resource plan for the water resource plan area is accredited by the Minister under section 65 of the Act; or
(d) the Authority publishes an updated Basin‑wide environmental watering strategy, the updates of which materially affect the long‑term watering plan; or
(1) A Basin State must, in relation to each water accounting period, identify annual environmental watering priorities for surface water in each water resource plan area (annual environmental watering priorities).
(1) Annual environmental watering priorities must identify priorities for the watering of priority environmental assets and priority ecosystem functions in the water resource plan area.
(2) Annual environmental watering priorities must identify, to the extent possible, the assumptions upon which the priorities were based, including:
(a) expected holdings of held environmental water, including quantities, reliability, security class, licence type, limitations, and other characteristics of that water (including who holds that water); and
(b) expected quantities of planned environmental water and the associated rules and arrangements relating to that water (including who manages that water).
(3) Annual environmental watering priorities must identify possible co‑operative arrangements (including possible co‑operative watering regimes) that:
(c) support the delivery of environmental water in accordance with the priorities identified in the Basin State’s annual environmental watering priorities.
(4) The annual environmental watering priorities may provide that a specified instrument or text, or specified part of an instrument or text, is part of the priorities.
Note: The level of detail in annual watering priorities may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(1) When identifying annual environmental watering priorities, a Basin State must apply the principles and use the method in Part 6.
(b) any register of held environmental water maintained under the rules of the water resource plan for the water resource plan area; and
(e) any rules relating to planned environmental water in the transitional water resource plan, interim water resource plan or water resource plan for the water resource plan area, as applicable.
Note: See section 10.09, which requires water resource plans to identify planned environmental water and to maintain a register of held environmental water in certain circumstances.
(3) To avoid doubt, the requirements in paragraphs (2)(b) and (2)(e) apply only if a water resource plan has been accredited or adopted for the water resource plan area.
(4) To enable a Basin State to identify annual environmental watering priorities, a holder of held environmental water in the water resource plan area:
(b) may give a Basin State views on environmental watering priorities for priority environmental assets and priority ecosystem functions for the water accounting period.
(5) To enable a Basin State to identify annual environmental watering priorities, a manager of planned environmental water in the water resource plan area:
(6) Annual environmental watering priorities for the water resource plan area must be consistent with the long‑term watering plan for that water resource plan area.
(1) The Authority must, for each water accounting period, prepare annual environmental watering priorities for the Murray‑Darling Basin (Basin annual environmental watering priorities).
(2) The purpose of the Basin annual environmental watering priorities is to identify watering priorities that give effect to the Basin‑wide environmental watering strategy.
(a) priority environmental assets and priority ecosystem functions that have Basin‑scale significance for environmental watering during that water accounting period;
(b) priority environmental assets and priority ecosystem functions whose environmental watering during the period will require complex arrangements;
Example: Complex arrangements could include multiple water sources, multiple sites, the involvement of multiple parties, the achievement of multiple benefits, or trade‑offs.
(c) any potential for synergies in environmental watering activities (including at a scale that involves multiple water resource plan areas).
(2) If any disagreement arises during the consultation referred to in subsection (1), the view of the Authority prevails.
(3) When preparing the Basin annual environmental watering priorities, the Authority must have regard to the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(e) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(i) any consultation or other information the Authority considers relevant to the co‑ordination of environmental watering.
Example: The Authority may engage an individual scientist or scientific advisory committee to provide advice on aspects of Basin annual environmental watering priorities.
(4) The Authority may identify priority environmental assets and priority ecosystem functions, and their environmental watering requirements, from:
(a) any that are identified in the Basin‑wide environmental watering strategy in accordance with subparagraph 8.14(2)(a)(i); or
(b) determining priorities for applying environmental water by applying the principles and using the method in Part 6; or
(c) if there is likely to be insufficient water to provide for all priorities determined in accordance with paragraph (a) or paragraph (b)—determining what should be considered a priority for watering by applying the principles and using the method in Part 6.
(b) if the priorities are reviewed and updated in accordance with section 8.31—as soon as practicable after they are updated.
The Authority may review and update the Basin annual environmental watering priorities at any time, including during the water accounting period.
Note: There may be reasons why it is not possible in particular circumstances to undertake watering in accordance with these priorities. Section 8.44 then applies.
Note: Example: Ensuring that the water achieves the best environmental outcomes including through multi‑site watering en route to an intended priority environmental asset.
(i) co‑ordinating environmental watering between all holders of held environmental water and managers of planned environmental water; and
(c) enhances existing flow events, where possible, so as to ensure improvement in the delivery of a full range of flow conditions, including high flow events; and
(d) takes into consideration the relative ecological benefits of applying environmental water to achieve one environmental outcome over another environmental outcome; and
(e) takes into consideration the variability of the natural flow regime, for example, by mitigating or avoiding seasonal inversion of flows; and
(g) enables information to be shared between the Authority, the Commonwealth, Basin States, holders of held environmental water and managers of planned environmental water to ensure efficient and effective use of environmental water.
(a) potential risks, including downstream risks, that may result from applying environmental water and measures that may be taken to minimise the risks; and
(b) risks arising from impediments to the delivery of water to water‑dependent ecosystems, including risks of extraction of that water for other uses, and inadequate accounting of water flows.
Environmental watering is to be undertaken having regard to the quantity of water and other resources required relative to the expected environmental benefits.
A lack of full scientific certainty as to whether there are threats of serious or irreversible environmental damage should not be used as a reason for postponing measures to prevent environmental degradation.
(a) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
River management and operational practices should be reviewed, and if necessary altered, to ensure that rivers can be managed to achieve multiple objectives, including the objectives in Part 2.
Management of water for consumptive use should, where possible, be undertaken in a way that is consistent with achieving the objectives in Part 2.
(1) If a person undertakes environmental watering other than in accordance with the Basin annual environmental watering priorities, that person must give to the Authority a statement of reasons why environmental watering has not been undertaken in accordance with the Basin annual environmental watering priorities.
(2) The person must give the statement to the Authority as soon as practicable, but in any event within 4 months after the end of the water accounting period in which the environmental watering was undertaken.
Note: This aligns with the period by which an annual report must be produced on the implementation of the environmental management framework. See section 13.14 and item 10 of the table in Schedule 12.
(1) The Authority may prepare, and publish on its website, recommendations about where in the Murray‑Darling Basin additional environmental water should be recovered (environmental water recovery recommendations).
Note: The reasoning may include models used by the Authority to identify priorities for the recovery of environmental water.
Identification of priorities Identification of priorities
(1) Annual environmental watering priorities must identify priorities for the watering of priority environmental assets and priority ecosystem functions in the water resource plan area.
(2) Annual environmental watering priorities must identify, to the extent possible, the assumptions upon which the priorities were based, including:
(a) expected holdings of held environmental water, including quantities, reliability, security class, licence type, limitations, and other characteristics of that water (including who holds that water); and
(b) expected quantities of planned environmental water and the associated rules and arrangements relating to that water (including who manages that water).
Identification of possible co‑operative Identification of possible co‑operative arrangements
(3) Annual environmental watering priorities must identify possible co‑operative arrangements (including possible co‑operative watering regimes) that:
(c) support the delivery of environmental water in accordance with the priorities identified in the Basin State’s annual environmental watering priorities.
8.25 Preparation of annual environmental watering priorities
(a) processes to co‑ordinate the planning, prioritisation and use of planned environmental water and held environmental water, under which:
(iii) each Basin State is obliged to identify annual environmental watering priorities for water resource plan areas (Division 4); and
(c) facilitate consultation, co‑ordination and co‑operative arrangements between the Authority, the Commonwealth Environmental Water Holder and Basin States;
Note: The application of adaptive management will enable various triggers to be responded to, including any adjustment that might be made to the SDL.
updated: a plan is taken to have been updated if it is reviewed and re‑made, whether or not the plan was amended as a result of the review.
(1) The Authority must prepare a Basin‑wide environmental watering strategy for the Murray‑Darling Basin (Basin‑wide environmental watering strategy).
(c) help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(1) The Basin‑wide environmental watering strategy must include an explanation as to how the Authority will identify the Basin annual environmental watering priorities (Division 5).
(i) particular priority environmental assets or priority ecosystem functions, and their environmental watering requirements, using the methods in Part 5; or
(ii) multi‑site watering objectives and associated flow regimes, including for the northern connected system and the southern connected system; or
(i) how Basin annual environmental watering priorities should be integrated with broader natural resource management strategies; or
(ii) how the Authority will identify synergies in environmental watering activities or resolve conflicting demands for available environmental water in the course of preparing the Basin annual environmental watering priorities;
(i) relating to what constitutes best practice in planning, prioritisation and use of environmental water, including decision‑making and priority‑setting; or
(2) The identification of particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i) must be done in collaboration with:
(b) any holders of held environmental water or managers of planned environmental water that may be called upon to provide water to meet those environmental watering requirements.
(3) If any disagreement arises during the consultation or collaboration referred to in subsection (1) or (2), the view of the Authority prevails.
(4) When preparing the Basin‑wide environmental watering strategy, the Authority must have regard to each of the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(c) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(5) The Basin‑wide environmental watering strategy must be developed consistently with the principles to be applied in environmental watering (Division 6).
(1) The Authority must publish the Basin‑wide environmental watering strategy within 24 months after the commencement of the Basin Plan.
(2) The Authority must publish the Basin‑wide environmental watering strategy as soon as practicable after it is updated.
Note: The Authority may review and update the Basin‑wide environmental watering strategy in response to various triggers, including any adjustment that might be made to the SDL.
A Basin State must prepare a long‑term environmental watering plan for each water resource plan area that contains surface water (long‑term watering plan).
Note: The level of detail in a long‑term watering plan may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(3) If the Basin‑wide environmental watering strategy has identified particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i), a long‑term watering plan must be consistent with that part of the Basin‑wide environmental watering strategy.
(4) A long‑term watering plan must identify possible co‑operative arrangements (for example, possible co‑operative watering regimes) between holders of held environmental water, managers of planned environmental water, and owners or managers of environmental assets for the delivery of environmental water:
that will ensure that environmental water meets the environmental watering requirements identified in accordance with subsections (1), (2) and (3).
(a) long‑term risks to providing for the environmental watering requirements of priority environmental assets and priority ecosystem functions; and
(8) A long‑term watering plan may provide that a specified instrument or text, or specified part of an instrument or text, is part of the plan.
(d) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: Under paragraphs (a) and (b), a Basin State may consult with any holder or manager whose environmental water could contribute to environmental watering in the water resource plan area, regardless of the location of the holder or manager, or of the location of the water.
(2) When preparing a long‑term watering plan, a Basin State must have regard to the Basin‑wide environmental watering strategy (Division 2).
Note: Paragraph 8.13(2)(c) provides that one of the purposes of the Basin‑wide environmental watering strategy is to help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(3) A long‑term watering plan must be developed consistently with the principles to be applied in environmental watering (Division 6).
(4) The Authority may advise, or assist, a Basin State in preparing a long‑term watering plan, or an updated long‑term watering plan.
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
(b) if the long‑term watering plan is reviewed and updated in accordance with subsection 8.22(1)—no later than 3 months after the relevant event mentioned in that subsection; or
(c) if the long‑term watering plan is reviewed and updated other than in accordance with subsection 8.22(1)—as soon as practicable after it is updated; or
Note: Subsection 8.16(1) provides that the Authority has 24 months from commencement of the Basin Plan to publish the Basin‑wide environmental watering strategy. The 12‑month timeframe referred to in paragraph (a) commences when the Authority actually publishes the strategy, and not 24 months after commencement of the Basin Plan.
Note: To ensure transparency, it is expected that Basin States will publish long‑term watering plans as soon as is practicable.
(a) the water resource plan for the water resource plan area is accredited by the Minister under section 63 of the Act; or
(b) an amendment of the water resource plan for the water resource plan area is accredited by the Minister under section 65 of the Act; or
(d) the Authority publishes an updated Basin‑wide environmental watering strategy, the updates of which materially affect the long‑term watering plan; or
(1) A Basin State must, in relation to each water accounting period, identify annual environmental watering priorities for surface water in each water resource plan area (annual environmental watering priorities).
(1) Annual environmental watering priorities must identify priorities for the watering of priority environmental assets and priority ecosystem functions in the water resource plan area.
(2) Annual environmental watering priorities must identify, to the extent possible, the assumptions upon which the priorities were based, including:
(a) expected holdings of held environmental water, including quantities, reliability, security class, licence type, limitations, and other characteristics of that water (including who holds that water); and
(b) expected quantities of planned environmental water and the associated rules and arrangements relating to that water (including who manages that water).
(3) Annual environmental watering priorities must identify possible co‑operative arrangements (including possible co‑operative watering regimes) that:
(c) support the delivery of environmental water in accordance with the priorities identified in the Basin State’s annual environmental watering priorities.
(4) The annual environmental watering priorities may provide that a specified instrument or text, or specified part of an instrument or text, is part of the priorities.
Note: The level of detail in annual watering priorities may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(1) When identifying annual environmental watering priorities, a Basin State must apply the principles and use the method in Part 6.
(b) any register of held environmental water maintained under the rules of the water resource plan for the water resource plan area; and
(e) any rules relating to planned environmental water in the transitional water resource plan, interim water resource plan or water resource plan for the water resource plan area, as applicable.
Note: See section 10.09, which requires water resource plans to identify planned environmental water and to maintain a register of held environmental water in certain circumstances.
(3) To avoid doubt, the requirements in paragraphs (2)(b) and (2)(e) apply only if a water resource plan has been accredited or adopted for the water resource plan area.
(4) To enable a Basin State to identify annual environmental watering priorities, a holder of held environmental water in the water resource plan area:
(b) may give a Basin State views on environmental watering priorities for priority environmental assets and priority ecosystem functions for the water accounting period.
(5) To enable a Basin State to identify annual environmental watering priorities, a manager of planned environmental water in the water resource plan area:
(6) Annual environmental watering priorities for the water resource plan area must be consistent with the long‑term watering plan for that water resource plan area.
(1) The Authority must, for each water accounting period, prepare annual environmental watering priorities for the Murray‑Darling Basin (Basin annual environmental watering priorities).
(2) The purpose of the Basin annual environmental watering priorities is to identify watering priorities that give effect to the Basin‑wide environmental watering strategy.
(a) priority environmental assets and priority ecosystem functions that have Basin‑scale significance for environmental watering during that water accounting period;
(b) priority environmental assets and priority ecosystem functions whose environmental watering during the period will require complex arrangements;
Example: Complex arrangements could include multiple water sources, multiple sites, the involvement of multiple parties, the achievement of multiple benefits, or trade‑offs.
(c) any potential for synergies in environmental watering activities (including at a scale that involves multiple water resource plan areas).
(2) If any disagreement arises during the consultation referred to in subsection (1), the view of the Authority prevails.
(3) When preparing the Basin annual environmental watering priorities, the Authority must have regard to the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(e) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(i) any consultation or other information the Authority considers relevant to the co‑ordination of environmental watering.
Example: The Authority may engage an individual scientist or scientific advisory committee to provide advice on aspects of Basin annual environmental watering priorities.
(4) The Authority may identify priority environmental assets and priority ecosystem functions, and their environmental watering requirements, from:
(a) any that are identified in the Basin‑wide environmental watering strategy in accordance with subparagraph 8.14(2)(a)(i); or
(b) determining priorities for applying environmental water by applying the principles and using the method in Part 6; or
(c) if there is likely to be insufficient water to provide for all priorities determined in accordance with paragraph (a) or paragraph (b)—determining what should be considered a priority for watering by applying the principles and using the method in Part 6.
(b) if the priorities are reviewed and updated in accordance with section 8.31—as soon as practicable after they are updated.
The Authority may review and update the Basin annual environmental watering priorities at any time, including during the water accounting period.
Note: There may be reasons why it is not possible in particular circumstances to undertake watering in accordance with these priorities. Section 8.44 then applies.
Note: Example: Ensuring that the water achieves the best environmental outcomes including through multi‑site watering en route to an intended priority environmental asset.
(i) co‑ordinating environmental watering between all holders of held environmental water and managers of planned environmental water; and
(c) enhances existing flow events, where possible, so as to ensure improvement in the delivery of a full range of flow conditions, including high flow events; and
(d) takes into consideration the relative ecological benefits of applying environmental water to achieve one environmental outcome over another environmental outcome; and
(e) takes into consideration the variability of the natural flow regime, for example, by mitigating or avoiding seasonal inversion of flows; and
(g) enables information to be shared between the Authority, the Commonwealth, Basin States, holders of held environmental water and managers of planned environmental water to ensure efficient and effective use of environmental water.
(a) potential risks, including downstream risks, that may result from applying environmental water and measures that may be taken to minimise the risks; and
(b) risks arising from impediments to the delivery of water to water‑dependent ecosystems, including risks of extraction of that water for other uses, and inadequate accounting of water flows.
Environmental watering is to be undertaken having regard to the quantity of water and other resources required relative to the expected environmental benefits.
A lack of full scientific certainty as to whether there are threats of serious or irreversible environmental damage should not be used as a reason for postponing measures to prevent environmental degradation.
(a) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
River management and operational practices should be reviewed, and if necessary altered, to ensure that rivers can be managed to achieve multiple objectives, including the objectives in Part 2.
Management of water for consumptive use should, where possible, be undertaken in a way that is consistent with achieving the objectives in Part 2.
(1) If a person undertakes environmental watering other than in accordance with the Basin annual environmental watering priorities, that person must give to the Authority a statement of reasons why environmental watering has not been undertaken in accordance with the Basin annual environmental watering priorities.
(2) The person must give the statement to the Authority as soon as practicable, but in any event within 4 months after the end of the water accounting period in which the environmental watering was undertaken.
Note: This aligns with the period by which an annual report must be produced on the implementation of the environmental management framework. See section 13.14 and item 10 of the table in Schedule 12.
(1) The Authority may prepare, and publish on its website, recommendations about where in the Murray‑Darling Basin additional environmental water should be recovered (environmental water recovery recommendations).
Note: The reasoning may include models used by the Authority to identify priorities for the recovery of environmental water.
Basin State must apply principles and us Basin State must apply principles and use method in Part 6
(1) When identifying annual environmental watering priorities, a Basin State must apply the principles and use the method in Part 6.
Matters to which Basin State must have r Matters to which Basin State must have regard
(b) any register of held environmental water maintained under the rules of the water resource plan for the water resource plan area; and
(e) any rules relating to planned environmental water in the transitional water resource plan, interim water resource plan or water resource plan for the water resource plan area, as applicable.
Note: See section 10.09, which requires water resource plans to identify planned environmental water and to maintain a register of held environmental water in certain circumstances.
(3) To avoid doubt, the requirements in paragraphs (2)(b) and (2)(e) apply only if a water resource plan has been accredited or adopted for the water resource plan area.
Information to be provided to Basin Stat Information to be provided to Basin States to prepare annual environmental watering priorities
(4) To enable a Basin State to identify annual environmental watering priorities, a holder of held environmental water in the water resource plan area:
(b) may give a Basin State views on environmental watering priorities for priority environmental assets and priority ecosystem functions for the water accounting period.
(5) To enable a Basin State to identify annual environmental watering priorities, a manager of planned environmental water in the water resource plan area:
Consistency with long‑term watering plan Consistency with long‑term watering plans
(6) Annual environmental watering priorities for the water resource plan area must be consistent with the long‑term watering plan for that water resource plan area.
8.26 Provision of annual environmental watering priorities
(a) processes to co‑ordinate the planning, prioritisation and use of planned environmental water and held environmental water, under which:
(iii) each Basin State is obliged to identify annual environmental watering priorities for water resource plan areas (Division 4); and
(c) facilitate consultation, co‑ordination and co‑operative arrangements between the Authority, the Commonwealth Environmental Water Holder and Basin States;
Note: The application of adaptive management will enable various triggers to be responded to, including any adjustment that might be made to the SDL.
updated: a plan is taken to have been updated if it is reviewed and re‑made, whether or not the plan was amended as a result of the review.
(1) The Authority must prepare a Basin‑wide environmental watering strategy for the Murray‑Darling Basin (Basin‑wide environmental watering strategy).
(c) help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(1) The Basin‑wide environmental watering strategy must include an explanation as to how the Authority will identify the Basin annual environmental watering priorities (Division 5).
(i) particular priority environmental assets or priority ecosystem functions, and their environmental watering requirements, using the methods in Part 5; or
(ii) multi‑site watering objectives and associated flow regimes, including for the northern connected system and the southern connected system; or
(i) how Basin annual environmental watering priorities should be integrated with broader natural resource management strategies; or
(ii) how the Authority will identify synergies in environmental watering activities or resolve conflicting demands for available environmental water in the course of preparing the Basin annual environmental watering priorities;
(i) relating to what constitutes best practice in planning, prioritisation and use of environmental water, including decision‑making and priority‑setting; or
(2) The identification of particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i) must be done in collaboration with:
(b) any holders of held environmental water or managers of planned environmental water that may be called upon to provide water to meet those environmental watering requirements.
(3) If any disagreement arises during the consultation or collaboration referred to in subsection (1) or (2), the view of the Authority prevails.
(4) When preparing the Basin‑wide environmental watering strategy, the Authority must have regard to each of the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(c) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(5) The Basin‑wide environmental watering strategy must be developed consistently with the principles to be applied in environmental watering (Division 6).
(1) The Authority must publish the Basin‑wide environmental watering strategy within 24 months after the commencement of the Basin Plan.
(2) The Authority must publish the Basin‑wide environmental watering strategy as soon as practicable after it is updated.
Note: The Authority may review and update the Basin‑wide environmental watering strategy in response to various triggers, including any adjustment that might be made to the SDL.
A Basin State must prepare a long‑term environmental watering plan for each water resource plan area that contains surface water (long‑term watering plan).
Note: The level of detail in a long‑term watering plan may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(3) If the Basin‑wide environmental watering strategy has identified particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i), a long‑term watering plan must be consistent with that part of the Basin‑wide environmental watering strategy.
(4) A long‑term watering plan must identify possible co‑operative arrangements (for example, possible co‑operative watering regimes) between holders of held environmental water, managers of planned environmental water, and owners or managers of environmental assets for the delivery of environmental water:
that will ensure that environmental water meets the environmental watering requirements identified in accordance with subsections (1), (2) and (3).
(a) long‑term risks to providing for the environmental watering requirements of priority environmental assets and priority ecosystem functions; and
(8) A long‑term watering plan may provide that a specified instrument or text, or specified part of an instrument or text, is part of the plan.
(d) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: Under paragraphs (a) and (b), a Basin State may consult with any holder or manager whose environmental water could contribute to environmental watering in the water resource plan area, regardless of the location of the holder or manager, or of the location of the water.
(2) When preparing a long‑term watering plan, a Basin State must have regard to the Basin‑wide environmental watering strategy (Division 2).
Note: Paragraph 8.13(2)(c) provides that one of the purposes of the Basin‑wide environmental watering strategy is to help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(3) A long‑term watering plan must be developed consistently with the principles to be applied in environmental watering (Division 6).
(4) The Authority may advise, or assist, a Basin State in preparing a long‑term watering plan, or an updated long‑term watering plan.
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
(b) if the long‑term watering plan is reviewed and updated in accordance with subsection 8.22(1)—no later than 3 months after the relevant event mentioned in that subsection; or
(c) if the long‑term watering plan is reviewed and updated other than in accordance with subsection 8.22(1)—as soon as practicable after it is updated; or
Note: Subsection 8.16(1) provides that the Authority has 24 months from commencement of the Basin Plan to publish the Basin‑wide environmental watering strategy. The 12‑month timeframe referred to in paragraph (a) commences when the Authority actually publishes the strategy, and not 24 months after commencement of the Basin Plan.
Note: To ensure transparency, it is expected that Basin States will publish long‑term watering plans as soon as is practicable.
(a) the water resource plan for the water resource plan area is accredited by the Minister under section 63 of the Act; or
(b) an amendment of the water resource plan for the water resource plan area is accredited by the Minister under section 65 of the Act; or
(d) the Authority publishes an updated Basin‑wide environmental watering strategy, the updates of which materially affect the long‑term watering plan; or
(1) A Basin State must, in relation to each water accounting period, identify annual environmental watering priorities for surface water in each water resource plan area (annual environmental watering priorities).
(1) Annual environmental watering priorities must identify priorities for the watering of priority environmental assets and priority ecosystem functions in the water resource plan area.
(2) Annual environmental watering priorities must identify, to the extent possible, the assumptions upon which the priorities were based, including:
(a) expected holdings of held environmental water, including quantities, reliability, security class, licence type, limitations, and other characteristics of that water (including who holds that water); and
(b) expected quantities of planned environmental water and the associated rules and arrangements relating to that water (including who manages that water).
(3) Annual environmental watering priorities must identify possible co‑operative arrangements (including possible co‑operative watering regimes) that:
(c) support the delivery of environmental water in accordance with the priorities identified in the Basin State’s annual environmental watering priorities.
(4) The annual environmental watering priorities may provide that a specified instrument or text, or specified part of an instrument or text, is part of the priorities.
Note: The level of detail in annual watering priorities may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(1) When identifying annual environmental watering priorities, a Basin State must apply the principles and use the method in Part 6.
(b) any register of held environmental water maintained under the rules of the water resource plan for the water resource plan area; and
(e) any rules relating to planned environmental water in the transitional water resource plan, interim water resource plan or water resource plan for the water resource plan area, as applicable.
Note: See section 10.09, which requires water resource plans to identify planned environmental water and to maintain a register of held environmental water in certain circumstances.
(3) To avoid doubt, the requirements in paragraphs (2)(b) and (2)(e) apply only if a water resource plan has been accredited or adopted for the water resource plan area.
(4) To enable a Basin State to identify annual environmental watering priorities, a holder of held environmental water in the water resource plan area:
(b) may give a Basin State views on environmental watering priorities for priority environmental assets and priority ecosystem functions for the water accounting period.
(5) To enable a Basin State to identify annual environmental watering priorities, a manager of planned environmental water in the water resource plan area:
(6) Annual environmental watering priorities for the water resource plan area must be consistent with the long‑term watering plan for that water resource plan area.
(1) The Authority must, for each water accounting period, prepare annual environmental watering priorities for the Murray‑Darling Basin (Basin annual environmental watering priorities).
(2) The purpose of the Basin annual environmental watering priorities is to identify watering priorities that give effect to the Basin‑wide environmental watering strategy.
(a) priority environmental assets and priority ecosystem functions that have Basin‑scale significance for environmental watering during that water accounting period;
(b) priority environmental assets and priority ecosystem functions whose environmental watering during the period will require complex arrangements;
Example: Complex arrangements could include multiple water sources, multiple sites, the involvement of multiple parties, the achievement of multiple benefits, or trade‑offs.
(c) any potential for synergies in environmental watering activities (including at a scale that involves multiple water resource plan areas).
(2) If any disagreement arises during the consultation referred to in subsection (1), the view of the Authority prevails.
(3) When preparing the Basin annual environmental watering priorities, the Authority must have regard to the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(e) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(i) any consultation or other information the Authority considers relevant to the co‑ordination of environmental watering.
Example: The Authority may engage an individual scientist or scientific advisory committee to provide advice on aspects of Basin annual environmental watering priorities.
(4) The Authority may identify priority environmental assets and priority ecosystem functions, and their environmental watering requirements, from:
(a) any that are identified in the Basin‑wide environmental watering strategy in accordance with subparagraph 8.14(2)(a)(i); or
(b) determining priorities for applying environmental water by applying the principles and using the method in Part 6; or
(c) if there is likely to be insufficient water to provide for all priorities determined in accordance with paragraph (a) or paragraph (b)—determining what should be considered a priority for watering by applying the principles and using the method in Part 6.
(b) if the priorities are reviewed and updated in accordance with section 8.31—as soon as practicable after they are updated.
The Authority may review and update the Basin annual environmental watering priorities at any time, including during the water accounting period.
Note: There may be reasons why it is not possible in particular circumstances to undertake watering in accordance with these priorities. Section 8.44 then applies.
Note: Example: Ensuring that the water achieves the best environmental outcomes including through multi‑site watering en route to an intended priority environmental asset.
(i) co‑ordinating environmental watering between all holders of held environmental water and managers of planned environmental water; and
(c) enhances existing flow events, where possible, so as to ensure improvement in the delivery of a full range of flow conditions, including high flow events; and
(d) takes into consideration the relative ecological benefits of applying environmental water to achieve one environmental outcome over another environmental outcome; and
(e) takes into consideration the variability of the natural flow regime, for example, by mitigating or avoiding seasonal inversion of flows; and
(g) enables information to be shared between the Authority, the Commonwealth, Basin States, holders of held environmental water and managers of planned environmental water to ensure efficient and effective use of environmental water.
(a) potential risks, including downstream risks, that may result from applying environmental water and measures that may be taken to minimise the risks; and
(b) risks arising from impediments to the delivery of water to water‑dependent ecosystems, including risks of extraction of that water for other uses, and inadequate accounting of water flows.
Environmental watering is to be undertaken having regard to the quantity of water and other resources required relative to the expected environmental benefits.
A lack of full scientific certainty as to whether there are threats of serious or irreversible environmental damage should not be used as a reason for postponing measures to prevent environmental degradation.
(a) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
River management and operational practices should be reviewed, and if necessary altered, to ensure that rivers can be managed to achieve multiple objectives, including the objectives in Part 2.
Management of water for consumptive use should, where possible, be undertaken in a way that is consistent with achieving the objectives in Part 2.
(1) If a person undertakes environmental watering other than in accordance with the Basin annual environmental watering priorities, that person must give to the Authority a statement of reasons why environmental watering has not been undertaken in accordance with the Basin annual environmental watering priorities.
(2) The person must give the statement to the Authority as soon as practicable, but in any event within 4 months after the end of the water accounting period in which the environmental watering was undertaken.
Note: This aligns with the period by which an annual report must be produced on the implementation of the environmental management framework. See section 13.14 and item 10 of the table in Schedule 12.
(1) The Authority may prepare, and publish on its website, recommendations about where in the Murray‑Darling Basin additional environmental water should be recovered (environmental water recovery recommendations).
Note: The reasoning may include models used by the Authority to identify priorities for the recovery of environmental water.
8.27 Obligation to prepare Basin annual environmental watering priorities
(1) The Authority must, for each water accounting period, prepare annual environmental watering priorities for the Murray‑Darling Basin (Basin annual environmental watering priorities).
(2) The purpose of the Basin annual environmental watering priorities is to identify watering priorities that give effect to the Basin‑wide environmental watering strategy.
8.28 Content of Basin annual environmental watering priorities
(a) priority environmental assets and priority ecosystem functions that have Basin‑scale significance for environmental watering during that water accounting period;
(b) priority environmental assets and priority ecosystem functions whose environmental watering during the period will require complex arrangements;
Example: Complex arrangements could include multiple water sources, multiple sites, the involvement of multiple parties, the achievement of multiple benefits, or trade‑offs.
(c) any potential for synergies in environmental watering activities (including at a scale that involves multiple water resource plan areas).
8.29 Preparation of Basin annual environmental watering priorities
(a) processes to co‑ordinate the planning, prioritisation and use of planned environmental water and held environmental water, under which:
(iii) each Basin State is obliged to identify annual environmental watering priorities for water resource plan areas (Division 4); and
(c) facilitate consultation, co‑ordination and co‑operative arrangements between the Authority, the Commonwealth Environmental Water Holder and Basin States;
Note: The application of adaptive management will enable various triggers to be responded to, including any adjustment that might be made to the SDL.
updated: a plan is taken to have been updated if it is reviewed and re‑made, whether or not the plan was amended as a result of the review.
(1) The Authority must prepare a Basin‑wide environmental watering strategy for the Murray‑Darling Basin (Basin‑wide environmental watering strategy).
(c) help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(1) The Basin‑wide environmental watering strategy must include an explanation as to how the Authority will identify the Basin annual environmental watering priorities (Division 5).
(i) particular priority environmental assets or priority ecosystem functions, and their environmental watering requirements, using the methods in Part 5; or
(ii) multi‑site watering objectives and associated flow regimes, including for the northern connected system and the southern connected system; or
(i) how Basin annual environmental watering priorities should be integrated with broader natural resource management strategies; or
(ii) how the Authority will identify synergies in environmental watering activities or resolve conflicting demands for available environmental water in the course of preparing the Basin annual environmental watering priorities;
(i) relating to what constitutes best practice in planning, prioritisation and use of environmental water, including decision‑making and priority‑setting; or
(2) The identification of particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i) must be done in collaboration with:
(b) any holders of held environmental water or managers of planned environmental water that may be called upon to provide water to meet those environmental watering requirements.
(3) If any disagreement arises during the consultation or collaboration referred to in subsection (1) or (2), the view of the Authority prevails.
(4) When preparing the Basin‑wide environmental watering strategy, the Authority must have regard to each of the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(c) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(5) The Basin‑wide environmental watering strategy must be developed consistently with the principles to be applied in environmental watering (Division 6).
(1) The Authority must publish the Basin‑wide environmental watering strategy within 24 months after the commencement of the Basin Plan.
(2) The Authority must publish the Basin‑wide environmental watering strategy as soon as practicable after it is updated.
Note: The Authority may review and update the Basin‑wide environmental watering strategy in response to various triggers, including any adjustment that might be made to the SDL.
A Basin State must prepare a long‑term environmental watering plan for each water resource plan area that contains surface water (long‑term watering plan).
Note: The level of detail in a long‑term watering plan may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(3) If the Basin‑wide environmental watering strategy has identified particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i), a long‑term watering plan must be consistent with that part of the Basin‑wide environmental watering strategy.
(4) A long‑term watering plan must identify possible co‑operative arrangements (for example, possible co‑operative watering regimes) between holders of held environmental water, managers of planned environmental water, and owners or managers of environmental assets for the delivery of environmental water:
that will ensure that environmental water meets the environmental watering requirements identified in accordance with subsections (1), (2) and (3).
(a) long‑term risks to providing for the environmental watering requirements of priority environmental assets and priority ecosystem functions; and
(8) A long‑term watering plan may provide that a specified instrument or text, or specified part of an instrument or text, is part of the plan.
(d) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: Under paragraphs (a) and (b), a Basin State may consult with any holder or manager whose environmental water could contribute to environmental watering in the water resource plan area, regardless of the location of the holder or manager, or of the location of the water.
(2) When preparing a long‑term watering plan, a Basin State must have regard to the Basin‑wide environmental watering strategy (Division 2).
Note: Paragraph 8.13(2)(c) provides that one of the purposes of the Basin‑wide environmental watering strategy is to help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(3) A long‑term watering plan must be developed consistently with the principles to be applied in environmental watering (Division 6).
(4) The Authority may advise, or assist, a Basin State in preparing a long‑term watering plan, or an updated long‑term watering plan.
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
(b) if the long‑term watering plan is reviewed and updated in accordance with subsection 8.22(1)—no later than 3 months after the relevant event mentioned in that subsection; or
(c) if the long‑term watering plan is reviewed and updated other than in accordance with subsection 8.22(1)—as soon as practicable after it is updated; or
Note: Subsection 8.16(1) provides that the Authority has 24 months from commencement of the Basin Plan to publish the Basin‑wide environmental watering strategy. The 12‑month timeframe referred to in paragraph (a) commences when the Authority actually publishes the strategy, and not 24 months after commencement of the Basin Plan.
Note: To ensure transparency, it is expected that Basin States will publish long‑term watering plans as soon as is practicable.
(a) the water resource plan for the water resource plan area is accredited by the Minister under section 63 of the Act; or
(b) an amendment of the water resource plan for the water resource plan area is accredited by the Minister under section 65 of the Act; or
(d) the Authority publishes an updated Basin‑wide environmental watering strategy, the updates of which materially affect the long‑term watering plan; or
(1) A Basin State must, in relation to each water accounting period, identify annual environmental watering priorities for surface water in each water resource plan area (annual environmental watering priorities).
(1) Annual environmental watering priorities must identify priorities for the watering of priority environmental assets and priority ecosystem functions in the water resource plan area.
(2) Annual environmental watering priorities must identify, to the extent possible, the assumptions upon which the priorities were based, including:
(a) expected holdings of held environmental water, including quantities, reliability, security class, licence type, limitations, and other characteristics of that water (including who holds that water); and
(b) expected quantities of planned environmental water and the associated rules and arrangements relating to that water (including who manages that water).
(3) Annual environmental watering priorities must identify possible co‑operative arrangements (including possible co‑operative watering regimes) that:
(c) support the delivery of environmental water in accordance with the priorities identified in the Basin State’s annual environmental watering priorities.
(4) The annual environmental watering priorities may provide that a specified instrument or text, or specified part of an instrument or text, is part of the priorities.
Note: The level of detail in annual watering priorities may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(1) When identifying annual environmental watering priorities, a Basin State must apply the principles and use the method in Part 6.
(b) any register of held environmental water maintained under the rules of the water resource plan for the water resource plan area; and
(e) any rules relating to planned environmental water in the transitional water resource plan, interim water resource plan or water resource plan for the water resource plan area, as applicable.
Note: See section 10.09, which requires water resource plans to identify planned environmental water and to maintain a register of held environmental water in certain circumstances.
(3) To avoid doubt, the requirements in paragraphs (2)(b) and (2)(e) apply only if a water resource plan has been accredited or adopted for the water resource plan area.
(4) To enable a Basin State to identify annual environmental watering priorities, a holder of held environmental water in the water resource plan area:
(b) may give a Basin State views on environmental watering priorities for priority environmental assets and priority ecosystem functions for the water accounting period.
(5) To enable a Basin State to identify annual environmental watering priorities, a manager of planned environmental water in the water resource plan area:
(6) Annual environmental watering priorities for the water resource plan area must be consistent with the long‑term watering plan for that water resource plan area.
(1) The Authority must, for each water accounting period, prepare annual environmental watering priorities for the Murray‑Darling Basin (Basin annual environmental watering priorities).
(2) The purpose of the Basin annual environmental watering priorities is to identify watering priorities that give effect to the Basin‑wide environmental watering strategy.
(a) priority environmental assets and priority ecosystem functions that have Basin‑scale significance for environmental watering during that water accounting period;
(b) priority environmental assets and priority ecosystem functions whose environmental watering during the period will require complex arrangements;
Example: Complex arrangements could include multiple water sources, multiple sites, the involvement of multiple parties, the achievement of multiple benefits, or trade‑offs.
(c) any potential for synergies in environmental watering activities (including at a scale that involves multiple water resource plan areas).
(2) If any disagreement arises during the consultation referred to in subsection (1), the view of the Authority prevails.
(3) When preparing the Basin annual environmental watering priorities, the Authority must have regard to the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(e) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(i) any consultation or other information the Authority considers relevant to the co‑ordination of environmental watering.
Example: The Authority may engage an individual scientist or scientific advisory committee to provide advice on aspects of Basin annual environmental watering priorities.
(4) The Authority may identify priority environmental assets and priority ecosystem functions, and their environmental watering requirements, from:
(a) any that are identified in the Basin‑wide environmental watering strategy in accordance with subparagraph 8.14(2)(a)(i); or
(b) determining priorities for applying environmental water by applying the principles and using the method in Part 6; or
(c) if there is likely to be insufficient water to provide for all priorities determined in accordance with paragraph (a) or paragraph (b)—determining what should be considered a priority for watering by applying the principles and using the method in Part 6.
(b) if the priorities are reviewed and updated in accordance with section 8.31—as soon as practicable after they are updated.
The Authority may review and update the Basin annual environmental watering priorities at any time, including during the water accounting period.
Note: There may be reasons why it is not possible in particular circumstances to undertake watering in accordance with these priorities. Section 8.44 then applies.
Note: Example: Ensuring that the water achieves the best environmental outcomes including through multi‑site watering en route to an intended priority environmental asset.
(i) co‑ordinating environmental watering between all holders of held environmental water and managers of planned environmental water; and
(c) enhances existing flow events, where possible, so as to ensure improvement in the delivery of a full range of flow conditions, including high flow events; and
(d) takes into consideration the relative ecological benefits of applying environmental water to achieve one environmental outcome over another environmental outcome; and
(e) takes into consideration the variability of the natural flow regime, for example, by mitigating or avoiding seasonal inversion of flows; and
(g) enables information to be shared between the Authority, the Commonwealth, Basin States, holders of held environmental water and managers of planned environmental water to ensure efficient and effective use of environmental water.
(a) potential risks, including downstream risks, that may result from applying environmental water and measures that may be taken to minimise the risks; and
(b) risks arising from impediments to the delivery of water to water‑dependent ecosystems, including risks of extraction of that water for other uses, and inadequate accounting of water flows.
Environmental watering is to be undertaken having regard to the quantity of water and other resources required relative to the expected environmental benefits.
A lack of full scientific certainty as to whether there are threats of serious or irreversible environmental damage should not be used as a reason for postponing measures to prevent environmental degradation.
(a) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
River management and operational practices should be reviewed, and if necessary altered, to ensure that rivers can be managed to achieve multiple objectives, including the objectives in Part 2.
Management of water for consumptive use should, where possible, be undertaken in a way that is consistent with achieving the objectives in Part 2.
(1) If a person undertakes environmental watering other than in accordance with the Basin annual environmental watering priorities, that person must give to the Authority a statement of reasons why environmental watering has not been undertaken in accordance with the Basin annual environmental watering priorities.
(2) The person must give the statement to the Authority as soon as practicable, but in any event within 4 months after the end of the water accounting period in which the environmental watering was undertaken.
Note: This aligns with the period by which an annual report must be produced on the implementation of the environmental management framework. See section 13.14 and item 10 of the table in Schedule 12.
(1) The Authority may prepare, and publish on its website, recommendations about where in the Murray‑Darling Basin additional environmental water should be recovered (environmental water recovery recommendations).
Note: The reasoning may include models used by the Authority to identify priorities for the recovery of environmental water.
How Authority identifies Basin annual en How Authority identifies Basin annual environmental watering priorities
(4) The Authority may identify priority environmental assets and priority ecosystem functions, and their environmental watering requirements, from:
(a) any that are identified in the Basin‑wide environmental watering strategy in accordance with subparagraph 8.14(2)(a)(i); or
(b) determining priorities for applying environmental water by applying the principles and using the method in Part 6; or
(c) if there is likely to be insufficient water to provide for all priorities determined in accordance with paragraph (a) or paragraph (b)—determining what should be considered a priority for watering by applying the principles and using the method in Part 6.
Consistency requirements Consistency requirements
8.30 Publication of Basin annual environmental watering priorities
(b) if the priorities are reviewed and updated in accordance with section 8.31—as soon as practicable after they are updated.
8.31 Review and update of Basin annual environmental watering priorities
The Authority may review and update the Basin annual environmental watering priorities at any time, including during the water accounting period.
Division 6 Principles to be applied in environmental watering
(a) processes to co‑ordinate the planning, prioritisation and use of planned environmental water and held environmental water, under which:
(iii) each Basin State is obliged to identify annual environmental watering priorities for water resource plan areas (Division 4); and
(c) facilitate consultation, co‑ordination and co‑operative arrangements between the Authority, the Commonwealth Environmental Water Holder and Basin States;
Note: The application of adaptive management will enable various triggers to be responded to, including any adjustment that might be made to the SDL.
updated: a plan is taken to have been updated if it is reviewed and re‑made, whether or not the plan was amended as a result of the review.
(1) The Authority must prepare a Basin‑wide environmental watering strategy for the Murray‑Darling Basin (Basin‑wide environmental watering strategy).
(c) help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(1) The Basin‑wide environmental watering strategy must include an explanation as to how the Authority will identify the Basin annual environmental watering priorities (Division 5).
(i) particular priority environmental assets or priority ecosystem functions, and their environmental watering requirements, using the methods in Part 5; or
(ii) multi‑site watering objectives and associated flow regimes, including for the northern connected system and the southern connected system; or
(i) how Basin annual environmental watering priorities should be integrated with broader natural resource management strategies; or
(ii) how the Authority will identify synergies in environmental watering activities or resolve conflicting demands for available environmental water in the course of preparing the Basin annual environmental watering priorities;
(i) relating to what constitutes best practice in planning, prioritisation and use of environmental water, including decision‑making and priority‑setting; or
(2) The identification of particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i) must be done in collaboration with:
(b) any holders of held environmental water or managers of planned environmental water that may be called upon to provide water to meet those environmental watering requirements.
(3) If any disagreement arises during the consultation or collaboration referred to in subsection (1) or (2), the view of the Authority prevails.
(4) When preparing the Basin‑wide environmental watering strategy, the Authority must have regard to each of the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(c) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(5) The Basin‑wide environmental watering strategy must be developed consistently with the principles to be applied in environmental watering (Division 6).
(1) The Authority must publish the Basin‑wide environmental watering strategy within 24 months after the commencement of the Basin Plan.
(2) The Authority must publish the Basin‑wide environmental watering strategy as soon as practicable after it is updated.
Note: The Authority may review and update the Basin‑wide environmental watering strategy in response to various triggers, including any adjustment that might be made to the SDL.
A Basin State must prepare a long‑term environmental watering plan for each water resource plan area that contains surface water (long‑term watering plan).
Note: The level of detail in a long‑term watering plan may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(3) If the Basin‑wide environmental watering strategy has identified particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i), a long‑term watering plan must be consistent with that part of the Basin‑wide environmental watering strategy.
(4) A long‑term watering plan must identify possible co‑operative arrangements (for example, possible co‑operative watering regimes) between holders of held environmental water, managers of planned environmental water, and owners or managers of environmental assets for the delivery of environmental water:
that will ensure that environmental water meets the environmental watering requirements identified in accordance with subsections (1), (2) and (3).
(a) long‑term risks to providing for the environmental watering requirements of priority environmental assets and priority ecosystem functions; and
(8) A long‑term watering plan may provide that a specified instrument or text, or specified part of an instrument or text, is part of the plan.
(d) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: Under paragraphs (a) and (b), a Basin State may consult with any holder or manager whose environmental water could contribute to environmental watering in the water resource plan area, regardless of the location of the holder or manager, or of the location of the water.
(2) When preparing a long‑term watering plan, a Basin State must have regard to the Basin‑wide environmental watering strategy (Division 2).
Note: Paragraph 8.13(2)(c) provides that one of the purposes of the Basin‑wide environmental watering strategy is to help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(3) A long‑term watering plan must be developed consistently with the principles to be applied in environmental watering (Division 6).
(4) The Authority may advise, or assist, a Basin State in preparing a long‑term watering plan, or an updated long‑term watering plan.
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
(b) if the long‑term watering plan is reviewed and updated in accordance with subsection 8.22(1)—no later than 3 months after the relevant event mentioned in that subsection; or
(c) if the long‑term watering plan is reviewed and updated other than in accordance with subsection 8.22(1)—as soon as practicable after it is updated; or
Note: Subsection 8.16(1) provides that the Authority has 24 months from commencement of the Basin Plan to publish the Basin‑wide environmental watering strategy. The 12‑month timeframe referred to in paragraph (a) commences when the Authority actually publishes the strategy, and not 24 months after commencement of the Basin Plan.
Note: To ensure transparency, it is expected that Basin States will publish long‑term watering plans as soon as is practicable.
(a) the water resource plan for the water resource plan area is accredited by the Minister under section 63 of the Act; or
(b) an amendment of the water resource plan for the water resource plan area is accredited by the Minister under section 65 of the Act; or
(d) the Authority publishes an updated Basin‑wide environmental watering strategy, the updates of which materially affect the long‑term watering plan; or
(1) A Basin State must, in relation to each water accounting period, identify annual environmental watering priorities for surface water in each water resource plan area (annual environmental watering priorities).
(1) Annual environmental watering priorities must identify priorities for the watering of priority environmental assets and priority ecosystem functions in the water resource plan area.
(2) Annual environmental watering priorities must identify, to the extent possible, the assumptions upon which the priorities were based, including:
(a) expected holdings of held environmental water, including quantities, reliability, security class, licence type, limitations, and other characteristics of that water (including who holds that water); and
(b) expected quantities of planned environmental water and the associated rules and arrangements relating to that water (including who manages that water).
(3) Annual environmental watering priorities must identify possible co‑operative arrangements (including possible co‑operative watering regimes) that:
(c) support the delivery of environmental water in accordance with the priorities identified in the Basin State’s annual environmental watering priorities.
(4) The annual environmental watering priorities may provide that a specified instrument or text, or specified part of an instrument or text, is part of the priorities.
Note: The level of detail in annual watering priorities may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(1) When identifying annual environmental watering priorities, a Basin State must apply the principles and use the method in Part 6.
(b) any register of held environmental water maintained under the rules of the water resource plan for the water resource plan area; and
(e) any rules relating to planned environmental water in the transitional water resource plan, interim water resource plan or water resource plan for the water resource plan area, as applicable.
Note: See section 10.09, which requires water resource plans to identify planned environmental water and to maintain a register of held environmental water in certain circumstances.
(3) To avoid doubt, the requirements in paragraphs (2)(b) and (2)(e) apply only if a water resource plan has been accredited or adopted for the water resource plan area.
(4) To enable a Basin State to identify annual environmental watering priorities, a holder of held environmental water in the water resource plan area:
(b) may give a Basin State views on environmental watering priorities for priority environmental assets and priority ecosystem functions for the water accounting period.
(5) To enable a Basin State to identify annual environmental watering priorities, a manager of planned environmental water in the water resource plan area:
(6) Annual environmental watering priorities for the water resource plan area must be consistent with the long‑term watering plan for that water resource plan area.
(1) The Authority must, for each water accounting period, prepare annual environmental watering priorities for the Murray‑Darling Basin (Basin annual environmental watering priorities).
(2) The purpose of the Basin annual environmental watering priorities is to identify watering priorities that give effect to the Basin‑wide environmental watering strategy.
(a) priority environmental assets and priority ecosystem functions that have Basin‑scale significance for environmental watering during that water accounting period;
(b) priority environmental assets and priority ecosystem functions whose environmental watering during the period will require complex arrangements;
Example: Complex arrangements could include multiple water sources, multiple sites, the involvement of multiple parties, the achievement of multiple benefits, or trade‑offs.
(c) any potential for synergies in environmental watering activities (including at a scale that involves multiple water resource plan areas).
(2) If any disagreement arises during the consultation referred to in subsection (1), the view of the Authority prevails.
(3) When preparing the Basin annual environmental watering priorities, the Authority must have regard to the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(e) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(i) any consultation or other information the Authority considers relevant to the co‑ordination of environmental watering.
Example: The Authority may engage an individual scientist or scientific advisory committee to provide advice on aspects of Basin annual environmental watering priorities.
(4) The Authority may identify priority environmental assets and priority ecosystem functions, and their environmental watering requirements, from:
(a) any that are identified in the Basin‑wide environmental watering strategy in accordance with subparagraph 8.14(2)(a)(i); or
(b) determining priorities for applying environmental water by applying the principles and using the method in Part 6; or
(c) if there is likely to be insufficient water to provide for all priorities determined in accordance with paragraph (a) or paragraph (b)—determining what should be considered a priority for watering by applying the principles and using the method in Part 6.
(b) if the priorities are reviewed and updated in accordance with section 8.31—as soon as practicable after they are updated.
The Authority may review and update the Basin annual environmental watering priorities at any time, including during the water accounting period.
Note: There may be reasons why it is not possible in particular circumstances to undertake watering in accordance with these priorities. Section 8.44 then applies.
Note: Example: Ensuring that the water achieves the best environmental outcomes including through multi‑site watering en route to an intended priority environmental asset.
(i) co‑ordinating environmental watering between all holders of held environmental water and managers of planned environmental water; and
(c) enhances existing flow events, where possible, so as to ensure improvement in the delivery of a full range of flow conditions, including high flow events; and
(d) takes into consideration the relative ecological benefits of applying environmental water to achieve one environmental outcome over another environmental outcome; and
(e) takes into consideration the variability of the natural flow regime, for example, by mitigating or avoiding seasonal inversion of flows; and
(g) enables information to be shared between the Authority, the Commonwealth, Basin States, holders of held environmental water and managers of planned environmental water to ensure efficient and effective use of environmental water.
(a) potential risks, including downstream risks, that may result from applying environmental water and measures that may be taken to minimise the risks; and
(b) risks arising from impediments to the delivery of water to water‑dependent ecosystems, including risks of extraction of that water for other uses, and inadequate accounting of water flows.
Environmental watering is to be undertaken having regard to the quantity of water and other resources required relative to the expected environmental benefits.
A lack of full scientific certainty as to whether there are threats of serious or irreversible environmental damage should not be used as a reason for postponing measures to prevent environmental degradation.
(a) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
River management and operational practices should be reviewed, and if necessary altered, to ensure that rivers can be managed to achieve multiple objectives, including the objectives in Part 2.
Management of water for consumptive use should, where possible, be undertaken in a way that is consistent with achieving the objectives in Part 2.
(1) If a person undertakes environmental watering other than in accordance with the Basin annual environmental watering priorities, that person must give to the Authority a statement of reasons why environmental watering has not been undertaken in accordance with the Basin annual environmental watering priorities.
(2) The person must give the statement to the Authority as soon as practicable, but in any event within 4 months after the end of the water accounting period in which the environmental watering was undertaken.
Note: This aligns with the period by which an annual report must be produced on the implementation of the environmental management framework. See section 13.14 and item 10 of the table in Schedule 12.
(1) The Authority may prepare, and publish on its website, recommendations about where in the Murray‑Darling Basin additional environmental water should be recovered (environmental water recovery recommendations).
Note: The reasoning may include models used by the Authority to identify priorities for the recovery of environmental water.
Subdivision A Principles to be applied in environmental watering
(a) processes to co‑ordinate the planning, prioritisation and use of planned environmental water and held environmental water, under which:
(iii) each Basin State is obliged to identify annual environmental watering priorities for water resource plan areas (Division 4); and
(c) facilitate consultation, co‑ordination and co‑operative arrangements between the Authority, the Commonwealth Environmental Water Holder and Basin States;
Note: The application of adaptive management will enable various triggers to be responded to, including any adjustment that might be made to the SDL.
updated: a plan is taken to have been updated if it is reviewed and re‑made, whether or not the plan was amended as a result of the review.
(1) The Authority must prepare a Basin‑wide environmental watering strategy for the Murray‑Darling Basin (Basin‑wide environmental watering strategy).
(c) help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(1) The Basin‑wide environmental watering strategy must include an explanation as to how the Authority will identify the Basin annual environmental watering priorities (Division 5).
(i) particular priority environmental assets or priority ecosystem functions, and their environmental watering requirements, using the methods in Part 5; or
(ii) multi‑site watering objectives and associated flow regimes, including for the northern connected system and the southern connected system; or
(i) how Basin annual environmental watering priorities should be integrated with broader natural resource management strategies; or
(ii) how the Authority will identify synergies in environmental watering activities or resolve conflicting demands for available environmental water in the course of preparing the Basin annual environmental watering priorities;
(i) relating to what constitutes best practice in planning, prioritisation and use of environmental water, including decision‑making and priority‑setting; or
(2) The identification of particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i) must be done in collaboration with:
(b) any holders of held environmental water or managers of planned environmental water that may be called upon to provide water to meet those environmental watering requirements.
(3) If any disagreement arises during the consultation or collaboration referred to in subsection (1) or (2), the view of the Authority prevails.
(4) When preparing the Basin‑wide environmental watering strategy, the Authority must have regard to each of the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(c) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(5) The Basin‑wide environmental watering strategy must be developed consistently with the principles to be applied in environmental watering (Division 6).
(1) The Authority must publish the Basin‑wide environmental watering strategy within 24 months after the commencement of the Basin Plan.
(2) The Authority must publish the Basin‑wide environmental watering strategy as soon as practicable after it is updated.
Note: The Authority may review and update the Basin‑wide environmental watering strategy in response to various triggers, including any adjustment that might be made to the SDL.
A Basin State must prepare a long‑term environmental watering plan for each water resource plan area that contains surface water (long‑term watering plan).
Note: The level of detail in a long‑term watering plan may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(3) If the Basin‑wide environmental watering strategy has identified particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i), a long‑term watering plan must be consistent with that part of the Basin‑wide environmental watering strategy.
(4) A long‑term watering plan must identify possible co‑operative arrangements (for example, possible co‑operative watering regimes) between holders of held environmental water, managers of planned environmental water, and owners or managers of environmental assets for the delivery of environmental water:
that will ensure that environmental water meets the environmental watering requirements identified in accordance with subsections (1), (2) and (3).
(a) long‑term risks to providing for the environmental watering requirements of priority environmental assets and priority ecosystem functions; and
(8) A long‑term watering plan may provide that a specified instrument or text, or specified part of an instrument or text, is part of the plan.
(d) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: Under paragraphs (a) and (b), a Basin State may consult with any holder or manager whose environmental water could contribute to environmental watering in the water resource plan area, regardless of the location of the holder or manager, or of the location of the water.
(2) When preparing a long‑term watering plan, a Basin State must have regard to the Basin‑wide environmental watering strategy (Division 2).
Note: Paragraph 8.13(2)(c) provides that one of the purposes of the Basin‑wide environmental watering strategy is to help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(3) A long‑term watering plan must be developed consistently with the principles to be applied in environmental watering (Division 6).
(4) The Authority may advise, or assist, a Basin State in preparing a long‑term watering plan, or an updated long‑term watering plan.
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
(b) if the long‑term watering plan is reviewed and updated in accordance with subsection 8.22(1)—no later than 3 months after the relevant event mentioned in that subsection; or
(c) if the long‑term watering plan is reviewed and updated other than in accordance with subsection 8.22(1)—as soon as practicable after it is updated; or
Note: Subsection 8.16(1) provides that the Authority has 24 months from commencement of the Basin Plan to publish the Basin‑wide environmental watering strategy. The 12‑month timeframe referred to in paragraph (a) commences when the Authority actually publishes the strategy, and not 24 months after commencement of the Basin Plan.
Note: To ensure transparency, it is expected that Basin States will publish long‑term watering plans as soon as is practicable.
(a) the water resource plan for the water resource plan area is accredited by the Minister under section 63 of the Act; or
(b) an amendment of the water resource plan for the water resource plan area is accredited by the Minister under section 65 of the Act; or
(d) the Authority publishes an updated Basin‑wide environmental watering strategy, the updates of which materially affect the long‑term watering plan; or
(1) A Basin State must, in relation to each water accounting period, identify annual environmental watering priorities for surface water in each water resource plan area (annual environmental watering priorities).
(1) Annual environmental watering priorities must identify priorities for the watering of priority environmental assets and priority ecosystem functions in the water resource plan area.
(2) Annual environmental watering priorities must identify, to the extent possible, the assumptions upon which the priorities were based, including:
(a) expected holdings of held environmental water, including quantities, reliability, security class, licence type, limitations, and other characteristics of that water (including who holds that water); and
(b) expected quantities of planned environmental water and the associated rules and arrangements relating to that water (including who manages that water).
(3) Annual environmental watering priorities must identify possible co‑operative arrangements (including possible co‑operative watering regimes) that:
(c) support the delivery of environmental water in accordance with the priorities identified in the Basin State’s annual environmental watering priorities.
(4) The annual environmental watering priorities may provide that a specified instrument or text, or specified part of an instrument or text, is part of the priorities.
Note: The level of detail in annual watering priorities may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(1) When identifying annual environmental watering priorities, a Basin State must apply the principles and use the method in Part 6.
(b) any register of held environmental water maintained under the rules of the water resource plan for the water resource plan area; and
(e) any rules relating to planned environmental water in the transitional water resource plan, interim water resource plan or water resource plan for the water resource plan area, as applicable.
Note: See section 10.09, which requires water resource plans to identify planned environmental water and to maintain a register of held environmental water in certain circumstances.
(3) To avoid doubt, the requirements in paragraphs (2)(b) and (2)(e) apply only if a water resource plan has been accredited or adopted for the water resource plan area.
(4) To enable a Basin State to identify annual environmental watering priorities, a holder of held environmental water in the water resource plan area:
(b) may give a Basin State views on environmental watering priorities for priority environmental assets and priority ecosystem functions for the water accounting period.
(5) To enable a Basin State to identify annual environmental watering priorities, a manager of planned environmental water in the water resource plan area:
(6) Annual environmental watering priorities for the water resource plan area must be consistent with the long‑term watering plan for that water resource plan area.
(1) The Authority must, for each water accounting period, prepare annual environmental watering priorities for the Murray‑Darling Basin (Basin annual environmental watering priorities).
(2) The purpose of the Basin annual environmental watering priorities is to identify watering priorities that give effect to the Basin‑wide environmental watering strategy.
(a) priority environmental assets and priority ecosystem functions that have Basin‑scale significance for environmental watering during that water accounting period;
(b) priority environmental assets and priority ecosystem functions whose environmental watering during the period will require complex arrangements;
Example: Complex arrangements could include multiple water sources, multiple sites, the involvement of multiple parties, the achievement of multiple benefits, or trade‑offs.
(c) any potential for synergies in environmental watering activities (including at a scale that involves multiple water resource plan areas).
(2) If any disagreement arises during the consultation referred to in subsection (1), the view of the Authority prevails.
(3) When preparing the Basin annual environmental watering priorities, the Authority must have regard to the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(e) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(i) any consultation or other information the Authority considers relevant to the co‑ordination of environmental watering.
Example: The Authority may engage an individual scientist or scientific advisory committee to provide advice on aspects of Basin annual environmental watering priorities.
(4) The Authority may identify priority environmental assets and priority ecosystem functions, and their environmental watering requirements, from:
(a) any that are identified in the Basin‑wide environmental watering strategy in accordance with subparagraph 8.14(2)(a)(i); or
(b) determining priorities for applying environmental water by applying the principles and using the method in Part 6; or
(c) if there is likely to be insufficient water to provide for all priorities determined in accordance with paragraph (a) or paragraph (b)—determining what should be considered a priority for watering by applying the principles and using the method in Part 6.
(b) if the priorities are reviewed and updated in accordance with section 8.31—as soon as practicable after they are updated.
The Authority may review and update the Basin annual environmental watering priorities at any time, including during the water accounting period.
Note: There may be reasons why it is not possible in particular circumstances to undertake watering in accordance with these priorities. Section 8.44 then applies.
Note: Example: Ensuring that the water achieves the best environmental outcomes including through multi‑site watering en route to an intended priority environmental asset.
(i) co‑ordinating environmental watering between all holders of held environmental water and managers of planned environmental water; and
(c) enhances existing flow events, where possible, so as to ensure improvement in the delivery of a full range of flow conditions, including high flow events; and
(d) takes into consideration the relative ecological benefits of applying environmental water to achieve one environmental outcome over another environmental outcome; and
(e) takes into consideration the variability of the natural flow regime, for example, by mitigating or avoiding seasonal inversion of flows; and
(g) enables information to be shared between the Authority, the Commonwealth, Basin States, holders of held environmental water and managers of planned environmental water to ensure efficient and effective use of environmental water.
(a) potential risks, including downstream risks, that may result from applying environmental water and measures that may be taken to minimise the risks; and
(b) risks arising from impediments to the delivery of water to water‑dependent ecosystems, including risks of extraction of that water for other uses, and inadequate accounting of water flows.
Environmental watering is to be undertaken having regard to the quantity of water and other resources required relative to the expected environmental benefits.
A lack of full scientific certainty as to whether there are threats of serious or irreversible environmental damage should not be used as a reason for postponing measures to prevent environmental degradation.
(a) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
River management and operational practices should be reviewed, and if necessary altered, to ensure that rivers can be managed to achieve multiple objectives, including the objectives in Part 2.
Management of water for consumptive use should, where possible, be undertaken in a way that is consistent with achieving the objectives in Part 2.
(1) If a person undertakes environmental watering other than in accordance with the Basin annual environmental watering priorities, that person must give to the Authority a statement of reasons why environmental watering has not been undertaken in accordance with the Basin annual environmental watering priorities.
(2) The person must give the statement to the Authority as soon as practicable, but in any event within 4 months after the end of the water accounting period in which the environmental watering was undertaken.
Note: This aligns with the period by which an annual report must be produced on the implementation of the environmental management framework. See section 13.14 and item 10 of the table in Schedule 12.
(1) The Authority may prepare, and publish on its website, recommendations about where in the Murray‑Darling Basin additional environmental water should be recovered (environmental water recovery recommendations).
Note: The reasoning may include models used by the Authority to identify priorities for the recovery of environmental water.
Note: There may be reasons why it is not possible in particular circumstances to undertake watering in accordance with these priorities. Section 8.44 then applies.
8.34 Principle 2—Consistency with the objectives in Part 2
Note: Example: Ensuring that the water achieves the best environmental outcomes including through multi‑site watering en route to an intended priority environmental asset.
(i) co‑ordinating environmental watering between all holders of held environmental water and managers of planned environmental water; and
(c) enhances existing flow events, where possible, so as to ensure improvement in the delivery of a full range of flow conditions, including high flow events; and
(d) takes into consideration the relative ecological benefits of applying environmental water to achieve one environmental outcome over another environmental outcome; and
(e) takes into consideration the variability of the natural flow regime, for example, by mitigating or avoiding seasonal inversion of flows; and
(g) enables information to be shared between the Authority, the Commonwealth, Basin States, holders of held environmental water and managers of planned environmental water to ensure efficient and effective use of environmental water.
8.36 Principle 4—Risks
(a) potential risks, including downstream risks, that may result from applying environmental water and measures that may be taken to minimise the risks; and
(b) risks arising from impediments to the delivery of water to water‑dependent ecosystems, including risks of extraction of that water for other uses, and inadequate accounting of water flows.
8.37 Principle 5—Cost of environmental watering
Environmental watering is to be undertaken having regard to the quantity of water and other resources required relative to the expected environmental benefits.
8.38 Principle 6—Apply the precautionary principle
A lack of full scientific certainty as to whether there are threats of serious or irreversible environmental damage should not be used as a reason for postponing measures to prevent environmental degradation.
8.39 Principle 7—Working effectively with local communities
(a) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
8.40 Principle 8—Adaptive management
8.41 Principle 9—Relevant international agreements
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
8.42 Principle 10—Other management and operational practices
River management and operational practices should be reviewed, and if necessary altered, to ensure that rivers can be managed to achieve multiple objectives, including the objectives in Part 2.
8.43 Principle 11—Management of water for consumptive use
Management of water for consumptive use should, where possible, be undertaken in a way that is consistent with achieving the objectives in Part 2.
Subdivision B Reporting in relation to Basin annual environmental watering priorities
(a) processes to co‑ordinate the planning, prioritisation and use of planned environmental water and held environmental water, under which:
(iii) each Basin State is obliged to identify annual environmental watering priorities for water resource plan areas (Division 4); and
(c) facilitate consultation, co‑ordination and co‑operative arrangements between the Authority, the Commonwealth Environmental Water Holder and Basin States;
Note: The application of adaptive management will enable various triggers to be responded to, including any adjustment that might be made to the SDL.
updated: a plan is taken to have been updated if it is reviewed and re‑made, whether or not the plan was amended as a result of the review.
(1) The Authority must prepare a Basin‑wide environmental watering strategy for the Murray‑Darling Basin (Basin‑wide environmental watering strategy).
(c) help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(1) The Basin‑wide environmental watering strategy must include an explanation as to how the Authority will identify the Basin annual environmental watering priorities (Division 5).
(i) particular priority environmental assets or priority ecosystem functions, and their environmental watering requirements, using the methods in Part 5; or
(ii) multi‑site watering objectives and associated flow regimes, including for the northern connected system and the southern connected system; or
(i) how Basin annual environmental watering priorities should be integrated with broader natural resource management strategies; or
(ii) how the Authority will identify synergies in environmental watering activities or resolve conflicting demands for available environmental water in the course of preparing the Basin annual environmental watering priorities;
(i) relating to what constitutes best practice in planning, prioritisation and use of environmental water, including decision‑making and priority‑setting; or
(2) The identification of particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i) must be done in collaboration with:
(b) any holders of held environmental water or managers of planned environmental water that may be called upon to provide water to meet those environmental watering requirements.
(3) If any disagreement arises during the consultation or collaboration referred to in subsection (1) or (2), the view of the Authority prevails.
(4) When preparing the Basin‑wide environmental watering strategy, the Authority must have regard to each of the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(c) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(5) The Basin‑wide environmental watering strategy must be developed consistently with the principles to be applied in environmental watering (Division 6).
(1) The Authority must publish the Basin‑wide environmental watering strategy within 24 months after the commencement of the Basin Plan.
(2) The Authority must publish the Basin‑wide environmental watering strategy as soon as practicable after it is updated.
Note: The Authority may review and update the Basin‑wide environmental watering strategy in response to various triggers, including any adjustment that might be made to the SDL.
A Basin State must prepare a long‑term environmental watering plan for each water resource plan area that contains surface water (long‑term watering plan).
Note: The level of detail in a long‑term watering plan may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(3) If the Basin‑wide environmental watering strategy has identified particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i), a long‑term watering plan must be consistent with that part of the Basin‑wide environmental watering strategy.
(4) A long‑term watering plan must identify possible co‑operative arrangements (for example, possible co‑operative watering regimes) between holders of held environmental water, managers of planned environmental water, and owners or managers of environmental assets for the delivery of environmental water:
that will ensure that environmental water meets the environmental watering requirements identified in accordance with subsections (1), (2) and (3).
(a) long‑term risks to providing for the environmental watering requirements of priority environmental assets and priority ecosystem functions; and
(8) A long‑term watering plan may provide that a specified instrument or text, or specified part of an instrument or text, is part of the plan.
(d) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: Under paragraphs (a) and (b), a Basin State may consult with any holder or manager whose environmental water could contribute to environmental watering in the water resource plan area, regardless of the location of the holder or manager, or of the location of the water.
(2) When preparing a long‑term watering plan, a Basin State must have regard to the Basin‑wide environmental watering strategy (Division 2).
Note: Paragraph 8.13(2)(c) provides that one of the purposes of the Basin‑wide environmental watering strategy is to help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(3) A long‑term watering plan must be developed consistently with the principles to be applied in environmental watering (Division 6).
(4) The Authority may advise, or assist, a Basin State in preparing a long‑term watering plan, or an updated long‑term watering plan.
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
(b) if the long‑term watering plan is reviewed and updated in accordance with subsection 8.22(1)—no later than 3 months after the relevant event mentioned in that subsection; or
(c) if the long‑term watering plan is reviewed and updated other than in accordance with subsection 8.22(1)—as soon as practicable after it is updated; or
Note: Subsection 8.16(1) provides that the Authority has 24 months from commencement of the Basin Plan to publish the Basin‑wide environmental watering strategy. The 12‑month timeframe referred to in paragraph (a) commences when the Authority actually publishes the strategy, and not 24 months after commencement of the Basin Plan.
Note: To ensure transparency, it is expected that Basin States will publish long‑term watering plans as soon as is practicable.
(a) the water resource plan for the water resource plan area is accredited by the Minister under section 63 of the Act; or
(b) an amendment of the water resource plan for the water resource plan area is accredited by the Minister under section 65 of the Act; or
(d) the Authority publishes an updated Basin‑wide environmental watering strategy, the updates of which materially affect the long‑term watering plan; or
(1) A Basin State must, in relation to each water accounting period, identify annual environmental watering priorities for surface water in each water resource plan area (annual environmental watering priorities).
(1) Annual environmental watering priorities must identify priorities for the watering of priority environmental assets and priority ecosystem functions in the water resource plan area.
(2) Annual environmental watering priorities must identify, to the extent possible, the assumptions upon which the priorities were based, including:
(a) expected holdings of held environmental water, including quantities, reliability, security class, licence type, limitations, and other characteristics of that water (including who holds that water); and
(b) expected quantities of planned environmental water and the associated rules and arrangements relating to that water (including who manages that water).
(3) Annual environmental watering priorities must identify possible co‑operative arrangements (including possible co‑operative watering regimes) that:
(c) support the delivery of environmental water in accordance with the priorities identified in the Basin State’s annual environmental watering priorities.
(4) The annual environmental watering priorities may provide that a specified instrument or text, or specified part of an instrument or text, is part of the priorities.
Note: The level of detail in annual watering priorities may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(1) When identifying annual environmental watering priorities, a Basin State must apply the principles and use the method in Part 6.
(b) any register of held environmental water maintained under the rules of the water resource plan for the water resource plan area; and
(e) any rules relating to planned environmental water in the transitional water resource plan, interim water resource plan or water resource plan for the water resource plan area, as applicable.
Note: See section 10.09, which requires water resource plans to identify planned environmental water and to maintain a register of held environmental water in certain circumstances.
(3) To avoid doubt, the requirements in paragraphs (2)(b) and (2)(e) apply only if a water resource plan has been accredited or adopted for the water resource plan area.
(4) To enable a Basin State to identify annual environmental watering priorities, a holder of held environmental water in the water resource plan area:
(b) may give a Basin State views on environmental watering priorities for priority environmental assets and priority ecosystem functions for the water accounting period.
(5) To enable a Basin State to identify annual environmental watering priorities, a manager of planned environmental water in the water resource plan area:
(6) Annual environmental watering priorities for the water resource plan area must be consistent with the long‑term watering plan for that water resource plan area.
(1) The Authority must, for each water accounting period, prepare annual environmental watering priorities for the Murray‑Darling Basin (Basin annual environmental watering priorities).
(2) The purpose of the Basin annual environmental watering priorities is to identify watering priorities that give effect to the Basin‑wide environmental watering strategy.
(a) priority environmental assets and priority ecosystem functions that have Basin‑scale significance for environmental watering during that water accounting period;
(b) priority environmental assets and priority ecosystem functions whose environmental watering during the period will require complex arrangements;
Example: Complex arrangements could include multiple water sources, multiple sites, the involvement of multiple parties, the achievement of multiple benefits, or trade‑offs.
(c) any potential for synergies in environmental watering activities (including at a scale that involves multiple water resource plan areas).
(2) If any disagreement arises during the consultation referred to in subsection (1), the view of the Authority prevails.
(3) When preparing the Basin annual environmental watering priorities, the Authority must have regard to the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(e) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(i) any consultation or other information the Authority considers relevant to the co‑ordination of environmental watering.
Example: The Authority may engage an individual scientist or scientific advisory committee to provide advice on aspects of Basin annual environmental watering priorities.
(4) The Authority may identify priority environmental assets and priority ecosystem functions, and their environmental watering requirements, from:
(a) any that are identified in the Basin‑wide environmental watering strategy in accordance with subparagraph 8.14(2)(a)(i); or
(b) determining priorities for applying environmental water by applying the principles and using the method in Part 6; or
(c) if there is likely to be insufficient water to provide for all priorities determined in accordance with paragraph (a) or paragraph (b)—determining what should be considered a priority for watering by applying the principles and using the method in Part 6.
(b) if the priorities are reviewed and updated in accordance with section 8.31—as soon as practicable after they are updated.
The Authority may review and update the Basin annual environmental watering priorities at any time, including during the water accounting period.
Note: There may be reasons why it is not possible in particular circumstances to undertake watering in accordance with these priorities. Section 8.44 then applies.
Note: Example: Ensuring that the water achieves the best environmental outcomes including through multi‑site watering en route to an intended priority environmental asset.
(i) co‑ordinating environmental watering between all holders of held environmental water and managers of planned environmental water; and
(c) enhances existing flow events, where possible, so as to ensure improvement in the delivery of a full range of flow conditions, including high flow events; and
(d) takes into consideration the relative ecological benefits of applying environmental water to achieve one environmental outcome over another environmental outcome; and
(e) takes into consideration the variability of the natural flow regime, for example, by mitigating or avoiding seasonal inversion of flows; and
(g) enables information to be shared between the Authority, the Commonwealth, Basin States, holders of held environmental water and managers of planned environmental water to ensure efficient and effective use of environmental water.
(a) potential risks, including downstream risks, that may result from applying environmental water and measures that may be taken to minimise the risks; and
(b) risks arising from impediments to the delivery of water to water‑dependent ecosystems, including risks of extraction of that water for other uses, and inadequate accounting of water flows.
Environmental watering is to be undertaken having regard to the quantity of water and other resources required relative to the expected environmental benefits.
A lack of full scientific certainty as to whether there are threats of serious or irreversible environmental damage should not be used as a reason for postponing measures to prevent environmental degradation.
(a) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
River management and operational practices should be reviewed, and if necessary altered, to ensure that rivers can be managed to achieve multiple objectives, including the objectives in Part 2.
Management of water for consumptive use should, where possible, be undertaken in a way that is consistent with achieving the objectives in Part 2.
(1) If a person undertakes environmental watering other than in accordance with the Basin annual environmental watering priorities, that person must give to the Authority a statement of reasons why environmental watering has not been undertaken in accordance with the Basin annual environmental watering priorities.
(2) The person must give the statement to the Authority as soon as practicable, but in any event within 4 months after the end of the water accounting period in which the environmental watering was undertaken.
Note: This aligns with the period by which an annual report must be produced on the implementation of the environmental management framework. See section 13.14 and item 10 of the table in Schedule 12.
(1) The Authority may prepare, and publish on its website, recommendations about where in the Murray‑Darling Basin additional environmental water should be recovered (environmental water recovery recommendations).
Note: The reasoning may include models used by the Authority to identify priorities for the recovery of environmental water.
8.44 Reporting required where Basin annual environmental watering priorities not followed
(1) If a person undertakes environmental watering other than in accordance with the Basin annual environmental watering priorities, that person must give to the Authority a statement of reasons why environmental watering has not been undertaken in accordance with the Basin annual environmental watering priorities.
(2) The person must give the statement to the Authority as soon as practicable, but in any event within 4 months after the end of the water accounting period in which the environmental watering was undertaken.
Note: This aligns with the period by which an annual report must be produced on the implementation of the environmental management framework. See section 13.14 and item 10 of the table in Schedule 12.
Division 7 Planning for recovery of additional environmental water
(a) processes to co‑ordinate the planning, prioritisation and use of planned environmental water and held environmental water, under which:
(iii) each Basin State is obliged to identify annual environmental watering priorities for water resource plan areas (Division 4); and
(c) facilitate consultation, co‑ordination and co‑operative arrangements between the Authority, the Commonwealth Environmental Water Holder and Basin States;
Note: The application of adaptive management will enable various triggers to be responded to, including any adjustment that might be made to the SDL.
updated: a plan is taken to have been updated if it is reviewed and re‑made, whether or not the plan was amended as a result of the review.
(1) The Authority must prepare a Basin‑wide environmental watering strategy for the Murray‑Darling Basin (Basin‑wide environmental watering strategy).
(c) help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(1) The Basin‑wide environmental watering strategy must include an explanation as to how the Authority will identify the Basin annual environmental watering priorities (Division 5).
(i) particular priority environmental assets or priority ecosystem functions, and their environmental watering requirements, using the methods in Part 5; or
(ii) multi‑site watering objectives and associated flow regimes, including for the northern connected system and the southern connected system; or
(i) how Basin annual environmental watering priorities should be integrated with broader natural resource management strategies; or
(ii) how the Authority will identify synergies in environmental watering activities or resolve conflicting demands for available environmental water in the course of preparing the Basin annual environmental watering priorities;
(i) relating to what constitutes best practice in planning, prioritisation and use of environmental water, including decision‑making and priority‑setting; or
(2) The identification of particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i) must be done in collaboration with:
(b) any holders of held environmental water or managers of planned environmental water that may be called upon to provide water to meet those environmental watering requirements.
(3) If any disagreement arises during the consultation or collaboration referred to in subsection (1) or (2), the view of the Authority prevails.
(4) When preparing the Basin‑wide environmental watering strategy, the Authority must have regard to each of the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(c) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(5) The Basin‑wide environmental watering strategy must be developed consistently with the principles to be applied in environmental watering (Division 6).
(1) The Authority must publish the Basin‑wide environmental watering strategy within 24 months after the commencement of the Basin Plan.
(2) The Authority must publish the Basin‑wide environmental watering strategy as soon as practicable after it is updated.
Note: The Authority may review and update the Basin‑wide environmental watering strategy in response to various triggers, including any adjustment that might be made to the SDL.
A Basin State must prepare a long‑term environmental watering plan for each water resource plan area that contains surface water (long‑term watering plan).
Note: The level of detail in a long‑term watering plan may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(3) If the Basin‑wide environmental watering strategy has identified particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i), a long‑term watering plan must be consistent with that part of the Basin‑wide environmental watering strategy.
(4) A long‑term watering plan must identify possible co‑operative arrangements (for example, possible co‑operative watering regimes) between holders of held environmental water, managers of planned environmental water, and owners or managers of environmental assets for the delivery of environmental water:
that will ensure that environmental water meets the environmental watering requirements identified in accordance with subsections (1), (2) and (3).
(a) long‑term risks to providing for the environmental watering requirements of priority environmental assets and priority ecosystem functions; and
(8) A long‑term watering plan may provide that a specified instrument or text, or specified part of an instrument or text, is part of the plan.
(d) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: Under paragraphs (a) and (b), a Basin State may consult with any holder or manager whose environmental water could contribute to environmental watering in the water resource plan area, regardless of the location of the holder or manager, or of the location of the water.
(2) When preparing a long‑term watering plan, a Basin State must have regard to the Basin‑wide environmental watering strategy (Division 2).
Note: Paragraph 8.13(2)(c) provides that one of the purposes of the Basin‑wide environmental watering strategy is to help co‑ordinate the management of environmental water, including guiding the development of consistent long‑term watering plans.
(3) A long‑term watering plan must be developed consistently with the principles to be applied in environmental watering (Division 6).
(4) The Authority may advise, or assist, a Basin State in preparing a long‑term watering plan, or an updated long‑term watering plan.
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
(b) if the long‑term watering plan is reviewed and updated in accordance with subsection 8.22(1)—no later than 3 months after the relevant event mentioned in that subsection; or
(c) if the long‑term watering plan is reviewed and updated other than in accordance with subsection 8.22(1)—as soon as practicable after it is updated; or
Note: Subsection 8.16(1) provides that the Authority has 24 months from commencement of the Basin Plan to publish the Basin‑wide environmental watering strategy. The 12‑month timeframe referred to in paragraph (a) commences when the Authority actually publishes the strategy, and not 24 months after commencement of the Basin Plan.
Note: To ensure transparency, it is expected that Basin States will publish long‑term watering plans as soon as is practicable.
(a) the water resource plan for the water resource plan area is accredited by the Minister under section 63 of the Act; or
(b) an amendment of the water resource plan for the water resource plan area is accredited by the Minister under section 65 of the Act; or
(d) the Authority publishes an updated Basin‑wide environmental watering strategy, the updates of which materially affect the long‑term watering plan; or
(1) A Basin State must, in relation to each water accounting period, identify annual environmental watering priorities for surface water in each water resource plan area (annual environmental watering priorities).
(1) Annual environmental watering priorities must identify priorities for the watering of priority environmental assets and priority ecosystem functions in the water resource plan area.
(2) Annual environmental watering priorities must identify, to the extent possible, the assumptions upon which the priorities were based, including:
(a) expected holdings of held environmental water, including quantities, reliability, security class, licence type, limitations, and other characteristics of that water (including who holds that water); and
(b) expected quantities of planned environmental water and the associated rules and arrangements relating to that water (including who manages that water).
(3) Annual environmental watering priorities must identify possible co‑operative arrangements (including possible co‑operative watering regimes) that:
(c) support the delivery of environmental water in accordance with the priorities identified in the Basin State’s annual environmental watering priorities.
(4) The annual environmental watering priorities may provide that a specified instrument or text, or specified part of an instrument or text, is part of the priorities.
Note: The level of detail in annual watering priorities may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.
(1) When identifying annual environmental watering priorities, a Basin State must apply the principles and use the method in Part 6.
(b) any register of held environmental water maintained under the rules of the water resource plan for the water resource plan area; and
(e) any rules relating to planned environmental water in the transitional water resource plan, interim water resource plan or water resource plan for the water resource plan area, as applicable.
Note: See section 10.09, which requires water resource plans to identify planned environmental water and to maintain a register of held environmental water in certain circumstances.
(3) To avoid doubt, the requirements in paragraphs (2)(b) and (2)(e) apply only if a water resource plan has been accredited or adopted for the water resource plan area.
(4) To enable a Basin State to identify annual environmental watering priorities, a holder of held environmental water in the water resource plan area:
(b) may give a Basin State views on environmental watering priorities for priority environmental assets and priority ecosystem functions for the water accounting period.
(5) To enable a Basin State to identify annual environmental watering priorities, a manager of planned environmental water in the water resource plan area:
(6) Annual environmental watering priorities for the water resource plan area must be consistent with the long‑term watering plan for that water resource plan area.
(1) The Authority must, for each water accounting period, prepare annual environmental watering priorities for the Murray‑Darling Basin (Basin annual environmental watering priorities).
(2) The purpose of the Basin annual environmental watering priorities is to identify watering priorities that give effect to the Basin‑wide environmental watering strategy.
(a) priority environmental assets and priority ecosystem functions that have Basin‑scale significance for environmental watering during that water accounting period;
(b) priority environmental assets and priority ecosystem functions whose environmental watering during the period will require complex arrangements;
Example: Complex arrangements could include multiple water sources, multiple sites, the involvement of multiple parties, the achievement of multiple benefits, or trade‑offs.
(c) any potential for synergies in environmental watering activities (including at a scale that involves multiple water resource plan areas).
(2) If any disagreement arises during the consultation referred to in subsection (1), the view of the Authority prevails.
(3) When preparing the Basin annual environmental watering priorities, the Authority must have regard to the following, where these relate to achieving objectives in Part 2:
(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;
(e) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
(i) any consultation or other information the Authority considers relevant to the co‑ordination of environmental watering.
Example: The Authority may engage an individual scientist or scientific advisory committee to provide advice on aspects of Basin annual environmental watering priorities.
(4) The Authority may identify priority environmental assets and priority ecosystem functions, and their environmental watering requirements, from:
(a) any that are identified in the Basin‑wide environmental watering strategy in accordance with subparagraph 8.14(2)(a)(i); or
(b) determining priorities for applying environmental water by applying the principles and using the method in Part 6; or
(c) if there is likely to be insufficient water to provide for all priorities determined in accordance with paragraph (a) or paragraph (b)—determining what should be considered a priority for watering by applying the principles and using the method in Part 6.
(b) if the priorities are reviewed and updated in accordance with section 8.31—as soon as practicable after they are updated.
The Authority may review and update the Basin annual environmental watering priorities at any time, including during the water accounting period.
Note: There may be reasons why it is not possible in particular circumstances to undertake watering in accordance with these priorities. Section 8.44 then applies.
Note: Example: Ensuring that the water achieves the best environmental outcomes including through multi‑site watering en route to an intended priority environmental asset.
(i) co‑ordinating environmental watering between all holders of held environmental water and managers of planned environmental water; and
(c) enhances existing flow events, where possible, so as to ensure improvement in the delivery of a full range of flow conditions, including high flow events; and
(d) takes into consideration the relative ecological benefits of applying environmental water to achieve one environmental outcome over another environmental outcome; and
(e) takes into consideration the variability of the natural flow regime, for example, by mitigating or avoiding seasonal inversion of flows; and
(g) enables information to be shared between the Authority, the Commonwealth, Basin States, holders of held environmental water and managers of planned environmental water to ensure efficient and effective use of environmental water.
(a) potential risks, including downstream risks, that may result from applying environmental water and measures that may be taken to minimise the risks; and
(b) risks arising from impediments to the delivery of water to water‑dependent ecosystems, including risks of extraction of that water for other uses, and inadequate accounting of water flows.
Environmental watering is to be undertaken having regard to the quantity of water and other resources required relative to the expected environmental benefits.
A lack of full scientific certainty as to whether there are threats of serious or irreversible environmental damage should not be used as a reason for postponing measures to prevent environmental degradation.
(a) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
River management and operational practices should be reviewed, and if necessary altered, to ensure that rivers can be managed to achieve multiple objectives, including the objectives in Part 2.
Management of water for consumptive use should, where possible, be undertaken in a way that is consistent with achieving the objectives in Part 2.
(1) If a person undertakes environmental watering other than in accordance with the Basin annual environmental watering priorities, that person must give to the Authority a statement of reasons why environmental watering has not been undertaken in accordance with the Basin annual environmental watering priorities.
(2) The person must give the statement to the Authority as soon as practicable, but in any event within 4 months after the end of the water accounting period in which the environmental watering was undertaken.
Note: This aligns with the period by which an annual report must be produced on the implementation of the environmental management framework. See section 13.14 and item 10 of the table in Schedule 12.
(1) The Authority may prepare, and publish on its website, recommendations about where in the Murray‑Darling Basin additional environmental water should be recovered (environmental water recovery recommendations).
Note: The reasoning may include models used by the Authority to identify priorities for the recovery of environmental water.
8.45 Outline of Division
8.46 Planning for the recovery of additional environmental water
(1) The Authority may prepare, and publish on its website, recommendations about where in the Murray‑Darling Basin additional environmental water should be recovered (environmental water recovery recommendations).
Note: The reasoning may include models used by the Authority to identify priorities for the recovery of environmental water.
8.47 Reporting required where Authority’s recommendations not followed
Part 5 Methods for identifying environmental assets and ecosystem functions and their environmental watering requirements
Part 5—Methods for identifying environmental assets and ecosystem functions and their environmental watering requirements
8.48 Environmental assets and ecosystem functions database
(1) The Authority must establish and maintain a database identifying information about environmental assets and ecosystem functions that require environmental watering (environmental assets and ecosystem functions database).
Note: This database is expected to include information used in the development of the Basin Plan which will be added to on an ongoing basis.
(2) The Authority may publish the database on its website.
8.49 Method for identifying environmental assets and their environmental watering requirements
(1) An environmental asset that requires environmental watering, and its environmental watering requirements, must be identified having regard to the information on the environmental assets and ecosystem functions database, using the following method:
(a) identify any environmental asset that meets one or more of the assessment indicators for any of the 5 criteria specified in the table in Schedule 8; and
(b) identify the environmental assets that can be managed with environmental water (priority environmental assets); and
(c) for priority environmental assets, identify ecological objectives that are consistent with the criteria used to identify those assets; and
Example: If the environmental asset falls within the assessment indicator for Criterion 1 because it is a declared Ramsar wetland, the objectives must be directed towards maintaining the ecological character of the wetland.
(e) in accordance with section 8.51 determine the environmental watering requirements needed to meet the targets in order to achieve the objectives.
Example: If new information came to light, the step in paragraph (1)(e) could be re‑applied without needing to re‑apply the entire method.
8.50 Method for identifying ecosystem functions that require environmental watering and their environmental watering requirements
(1) An ecosystem function that requires environmental watering to sustain it, and its environmental watering requirements, must be identified having regard to the information on the environmental assets and ecosystem functions database, using the following method:
(a) identify any ecosystem function that meets one or more of the assessment indicators for any of the 4 criteria specified in the table in Schedule 9; and
(b) identify the ecosystem functions that can be managed with environmental water (priority ecosystem functions); and
(c) for priority ecosystem functions, identify ecological objectives that are consistent with the criteria used to identify those ecosystem functions; and
(e) in accordance with section 8.51, determine the environmental watering requirements needed to meet the targets in order to achieve the objectives.
Example: If new information came to light, the step in paragraph (1)(e) could be re‑applied without needing to re‑apply the entire method.
8.51 Determination of the environmental watering requirements of environmental assets and ecosystem functions
(1) The environmental watering requirements referred to in paragraphs 8.49(1)(e) and 8.50(1)(e) must:
(a) be supported by relevant information relating to the underlying physical geomorphic processes driving the flow‑ecological relationship; and
Example: This may include a conceptual model.
(b) include the following flow components that are relevant to the watering requirements:
(i) cease‑to‑flow events;
(ii) low‑flow‑season base flows;
(iii) high‑flow‑season base flows;
(iv) low‑flow‑season freshes;
(v) high‑flow‑season freshes;
(vi) bank‑full flows;
(vii) over‑bank flows; and
(c) be determined having regard to:
(i) groundwater‑derived base flows; and
(ii) groundwater recharge associated with groundwater resources that are highly connected to surface water resources; and
(d) be within the range of natural flow variability and seasonality.
(2) The environmental watering requirements must be expressed, where relevant, in the following terms:
(a) a flow threshold or total flow volume;
(b) the required duration for that flow threshold, or the duration over which the volume should be delivered (as the case requires);
(c) the required timing of the flow event;
(d) the required frequency of the flow event;
(e) the maximum period between flow events;
(f) the extent and thresholds for any groundwater dependency;
(g) the required inundation depth at the site.
8.48 Environmental assets and ecosystem functions database
8.48 Environmental assets and ecosystem functions database
(1) The Authority must establish and maintain a database identifying information about environmental assets and ecosystem functions that require environmental watering (environmental assets and ecosystem functions database).
Note: This database is expected to include information used in the development of the Basin Plan which will be added to on an ongoing basis.
(2) The Authority may publish the database on its website.
8.49 Method for identifying environmental assets and their environmental watering requirements
8.49 Method for identifying environmental assets and their environmental watering requirements
(1) An environmental asset that requires environmental watering, and its environmental watering requirements, must be identified having regard to the information on the environmental assets and ecosystem functions database, using the following method:
(a) identify any environmental asset that meets one or more of the assessment indicators for any of the 5 criteria specified in the table in Schedule 8; and
(b) identify the environmental assets that can be managed with environmental water (priority environmental assets); and
(c) for priority environmental assets, identify ecological objectives that are consistent with the criteria used to identify those assets; and
Example: If the environmental asset falls within the assessment indicator for Criterion 1 because it is a declared Ramsar wetland, the objectives must be directed towards maintaining the ecological character of the wetland.
(e) in accordance with section 8.51 determine the environmental watering requirements needed to meet the targets in order to achieve the objectives.
Example: If new information came to light, the step in paragraph (1)(e) could be re‑applied without needing to re‑apply the entire method.
8.50 Method for identifying ecosystem functions that require environmental watering and their environmental watering requirements
8.50 Method for identifying ecosystem functions that require environmental watering and their environmental watering requirements
(1) An ecosystem function that requires environmental watering to sustain it, and its environmental watering requirements, must be identified having regard to the information on the environmental assets and ecosystem functions database, using the following method:
(a) identify any ecosystem function that meets one or more of the assessment indicators for any of the 4 criteria specified in the table in Schedule 9; and
(b) identify the ecosystem functions that can be managed with environmental water (priority ecosystem functions); and
(c) for priority ecosystem functions, identify ecological objectives that are consistent with the criteria used to identify those ecosystem functions; and
(e) in accordance with section 8.51, determine the environmental watering requirements needed to meet the targets in order to achieve the objectives.
Example: If new information came to light, the step in paragraph (1)(e) could be re‑applied without needing to re‑apply the entire method.
8.51 Determination of the environmental watering requirements of environmental assets and ecosystem functions
8.51 Determination of the environmental watering requirements of environmental assets and ecosystem functions
(1) The environmental watering requirements referred to in paragraphs 8.49(1)(e) and 8.50(1)(e) must:
(a) be supported by relevant information relating to the underlying physical geomorphic processes driving the flow‑ecological relationship; and
Example: This may include a conceptual model.
(b) include the following flow components that are relevant to the watering requirements:
(i) cease‑to‑flow events;
(ii) low‑flow‑season base flows;
(iii) high‑flow‑season base flows;
(iv) low‑flow‑season freshes;
(v) high‑flow‑season freshes;
(vi) bank‑full flows;
(vii) over‑bank flows; and
(c) be determined having regard to:
(i) groundwater‑derived base flows; and
(ii) groundwater recharge associated with groundwater resources that are highly connected to surface water resources; and
(d) be within the range of natural flow variability and seasonality.
(2) The environmental watering requirements must be expressed, where relevant, in the following terms:
(a) a flow threshold or total flow volume;
(b) the required duration for that flow threshold, or the duration over which the volume should be delivered (as the case requires);
(c) the required timing of the flow event;
(d) the required frequency of the flow event;
(e) the maximum period between flow events;
(f) the extent and thresholds for any groundwater dependency;
(g) the required inundation depth at the site.
Part 6 Principles and method to determine priorities for applying environmental water
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
(c) to be based on the best available knowledge of what is necessary to maintain the long‑term resilience of the water‑dependent ecosystem to risks and threats.
Note: Best available knowledge may change over time, especially as a result of monitoring undertaken pursuant to Chapter 13 of the Basin Plan.
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Priorities for applying environmental water are to be determined having regard to matters relating to the condition of priority environmental assets and priority ecosystem functions, including:
(d) the likely response of an asset or function to environmental watering, and the certainty of the change in condition based on previous experience or best available knowledge; and
Priorities for applying environmental water are to be determined having regard to matters relating to the likely effectiveness of applying environmental water, including:
(c) the opportunity to take advantage of consumptive water flows (including flows in unregulated systems and releases of water from storage) to realise multiple benefits; and
Example: The ability to use environmental water in concert with stock and domestic releases, or other releases for consumptive use.
(d) the quantity of water and other resources needed to achieve the objectives in Part 2 relative to other options for applying that environmental water in order to meet those objectives; and
(a) potential risks, including downstream risks, that may result from the application of environmental water (for example, flooding private land with water released from a storage without prior agreement, fish kills or salinity impacts) and measures that may be taken to minimise the risks; and
(b) ecological opportunity costs of using water for a particular environmental outcome instead of another environmental outcome; and
Example: This involves the identification of water‑dependent ecosystems that will not receive water as a result of a particular watering decision.
(c) impediments to the delivery of water to priority environmental assets and priority ecosystem functions, including risks of extraction of that water for other uses.
Priorities for applying environmental water are to be determined using robust, transparent and documented decision‑making processes.
(c) consistent with the management outcomes that apply to the resource availability scenario, determine the provisional priorities for applying environmental water by applying the principles set out in Division 1 to priority environmental assets and priority ecosystem functions; and
(d) refine those priorities based on seasonal, operational and management considerations in accordance with section 8.62.
The seasonal, operational and management considerations upon which priorities for applying environmental water are to be refined must be based on the following:
(a) the best available knowledge of the environmental watering requirements of each priority environmental asset and priority ecosystem function, and of the system as a whole; and
(b) the ecological objectives and ecological targets for each priority environmental asset and priority ecosystem function; and
(d) recent flow history at each priority environmental asset and for each priority ecosystem function to assess antecedent conditions; and
Division 1 Principles to be applied to determine priorities
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
(c) to be based on the best available knowledge of what is necessary to maintain the long‑term resilience of the water‑dependent ecosystem to risks and threats.
Note: Best available knowledge may change over time, especially as a result of monitoring undertaken pursuant to Chapter 13 of the Basin Plan.
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Priorities for applying environmental water are to be determined having regard to matters relating to the condition of priority environmental assets and priority ecosystem functions, including:
(d) the likely response of an asset or function to environmental watering, and the certainty of the change in condition based on previous experience or best available knowledge; and
Priorities for applying environmental water are to be determined having regard to matters relating to the likely effectiveness of applying environmental water, including:
(c) the opportunity to take advantage of consumptive water flows (including flows in unregulated systems and releases of water from storage) to realise multiple benefits; and
Example: The ability to use environmental water in concert with stock and domestic releases, or other releases for consumptive use.
(d) the quantity of water and other resources needed to achieve the objectives in Part 2 relative to other options for applying that environmental water in order to meet those objectives; and
(a) potential risks, including downstream risks, that may result from the application of environmental water (for example, flooding private land with water released from a storage without prior agreement, fish kills or salinity impacts) and measures that may be taken to minimise the risks; and
(b) ecological opportunity costs of using water for a particular environmental outcome instead of another environmental outcome; and
Example: This involves the identification of water‑dependent ecosystems that will not receive water as a result of a particular watering decision.
(c) impediments to the delivery of water to priority environmental assets and priority ecosystem functions, including risks of extraction of that water for other uses.
Priorities for applying environmental water are to be determined using robust, transparent and documented decision‑making processes.
(c) consistent with the management outcomes that apply to the resource availability scenario, determine the provisional priorities for applying environmental water by applying the principles set out in Division 1 to priority environmental assets and priority ecosystem functions; and
(d) refine those priorities based on seasonal, operational and management considerations in accordance with section 8.62.
The seasonal, operational and management considerations upon which priorities for applying environmental water are to be refined must be based on the following:
(a) the best available knowledge of the environmental watering requirements of each priority environmental asset and priority ecosystem function, and of the system as a whole; and
(b) the ecological objectives and ecological targets for each priority environmental asset and priority ecosystem function; and
(d) recent flow history at each priority environmental asset and for each priority ecosystem function to assess antecedent conditions; and
8.52 Outline of Division
8.53 Principle 1—Consistency with principles of ecologically sustainable development and international agreements
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
(c) to be based on the best available knowledge of what is necessary to maintain the long‑term resilience of the water‑dependent ecosystem to risks and threats.
Note: Best available knowledge may change over time, especially as a result of monitoring undertaken pursuant to Chapter 13 of the Basin Plan.
8.54 Principle 2—Consistency with objectives
8.55 Principle 3—Flexibility and responsiveness
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
8.56 Principle 4—Condition of environmental assets and ecosystem functions
Priorities for applying environmental water are to be determined having regard to matters relating to the condition of priority environmental assets and priority ecosystem functions, including:
(d) the likely response of an asset or function to environmental watering, and the certainty of the change in condition based on previous experience or best available knowledge; and
8.57 Principle 5—Likely effectiveness and related matters
Priorities for applying environmental water are to be determined having regard to matters relating to the likely effectiveness of applying environmental water, including:
(c) the opportunity to take advantage of consumptive water flows (including flows in unregulated systems and releases of water from storage) to realise multiple benefits; and
Example: The ability to use environmental water in concert with stock and domestic releases, or other releases for consumptive use.
(d) the quantity of water and other resources needed to achieve the objectives in Part 2 relative to other options for applying that environmental water in order to meet those objectives; and
8.58 Principle 6—Risks and related matters
(a) potential risks, including downstream risks, that may result from the application of environmental water (for example, flooding private land with water released from a storage without prior agreement, fish kills or salinity impacts) and measures that may be taken to minimise the risks; and
(b) ecological opportunity costs of using water for a particular environmental outcome instead of another environmental outcome; and
Example: This involves the identification of water‑dependent ecosystems that will not receive water as a result of a particular watering decision.
(c) impediments to the delivery of water to priority environmental assets and priority ecosystem functions, including risks of extraction of that water for other uses.
8.59 Principle 7—Robust and transparent decisions
Priorities for applying environmental water are to be determined using robust, transparent and documented decision‑making processes.
Division 2 Method to be used to determine priorities
Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.
(c) to be based on the best available knowledge of what is necessary to maintain the long‑term resilience of the water‑dependent ecosystem to risks and threats.
Note: Best available knowledge may change over time, especially as a result of monitoring undertaken pursuant to Chapter 13 of the Basin Plan.
(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and
Priorities for applying environmental water are to be determined having regard to matters relating to the condition of priority environmental assets and priority ecosystem functions, including:
(d) the likely response of an asset or function to environmental watering, and the certainty of the change in condition based on previous experience or best available knowledge; and
Priorities for applying environmental water are to be determined having regard to matters relating to the likely effectiveness of applying environmental water, including:
(c) the opportunity to take advantage of consumptive water flows (including flows in unregulated systems and releases of water from storage) to realise multiple benefits; and
Example: The ability to use environmental water in concert with stock and domestic releases, or other releases for consumptive use.
(d) the quantity of water and other resources needed to achieve the objectives in Part 2 relative to other options for applying that environmental water in order to meet those objectives; and
(a) potential risks, including downstream risks, that may result from the application of environmental water (for example, flooding private land with water released from a storage without prior agreement, fish kills or salinity impacts) and measures that may be taken to minimise the risks; and
(b) ecological opportunity costs of using water for a particular environmental outcome instead of another environmental outcome; and
Example: This involves the identification of water‑dependent ecosystems that will not receive water as a result of a particular watering decision.
(c) impediments to the delivery of water to priority environmental assets and priority ecosystem functions, including risks of extraction of that water for other uses.
Priorities for applying environmental water are to be determined using robust, transparent and documented decision‑making processes.
(c) consistent with the management outcomes that apply to the resource availability scenario, determine the provisional priorities for applying environmental water by applying the principles set out in Division 1 to priority environmental assets and priority ecosystem functions; and
(d) refine those priorities based on seasonal, operational and management considerations in accordance with section 8.62.
The seasonal, operational and management considerations upon which priorities for applying environmental water are to be refined must be based on the following:
(a) the best available knowledge of the environmental watering requirements of each priority environmental asset and priority ecosystem function, and of the system as a whole; and
(b) the ecological objectives and ecological targets for each priority environmental asset and priority ecosystem function; and
(d) recent flow history at each priority environmental asset and for each priority ecosystem function to assess antecedent conditions; and
8.60 How to determine priorities for applying environmental water
(c) consistent with the management outcomes that apply to the resource availability scenario, determine the provisional priorities for applying environmental water by applying the principles set out in Division 1 to priority environmental assets and priority ecosystem functions; and
(d) refine those priorities based on seasonal, operational and management considerations in accordance with section 8.62.
8.61 Determining the resource availability scenario
8.62 Seasonal, operational and management considerations
The seasonal, operational and management considerations upon which priorities for applying environmental water are to be refined must be based on the following:
(a) the best available knowledge of the environmental watering requirements of each priority environmental asset and priority ecosystem function, and of the system as a whole; and
(b) the ecological objectives and ecological targets for each priority environmental asset and priority ecosystem function; and
(d) recent flow history at each priority environmental asset and for each priority ecosystem function to assess antecedent conditions; and