Div 1Regional landscape plans and business plans

Division 1—Regional landscape plans and business plans 46—Preparation of regional landscape plans A regional landscape board must prepare and maintain a plan for the purposes of its operations and to promote the objects of this Act through managing landscapes within its region (a regional landscape plan). 47—Key features of plan (1) A regional landscape plan must— (a) include information about the issues surrounding the management of natural resources and the state of landscapes at the regional and local level, including information as to methods for protecting, improving and enhancing the quality or value of natural resources within the relevant region, and the health of those aspects of the environment that depend on those natural resources; and (b) include— (i) in the case of the Green Adelaide Board—a 5 year strategic plan that is focussed on its 7 key priorities; or (ii) in the case of any other regional landscape board—a 5 year strategic plan that is focussed on its 5 strategic priorities; and (c) in the case of the priorities included under paragraph (b)(ii)—information about how the priorities were determined, including through identifying and taking into account local priorities and needs, scientific and other relevant expert information and advice, Aboriginal traditional knowledge, and other relevant information, evidence and factors; and (d) include information about how these priorities are expected to maintain, protect, improve or enhance the state of landscapes at the regional and local level, with particular reference to the conservation, use and management of natural resources, after taking into account— (i) the nature, extent, quality and value of those landscapes; and (ii) environmental, social, cultural, economic and practical considerations relating to the use, management, conservation, protection, improvement and, if relevant, rehabilitation, of those landscapes; and (iii) appropriate methods associated with the conservation and use of land, the management of water and water affecting activities, and the management of pest species of animals and plants; and (iv) other prescribed matters; and (e) set out the method or methods that the board will use to assess the extent to which it has succeeded in implementing the plan, and its business plan; and (f) include such other information or material contemplated by this Act or required by the regulations. (2) A regional landscape plan must take into account the best available climate science information. (3) A regional landscape plan should be consistent with the State Landscape Strategy. (4) A regional landscape plan, when adopted, (and amendments made to a plan when adopted) should, as far as practicable, be consistent with such other plans, policies, strategies or guidelines as are prescribed by the regulations. (5) In addition, a plan must— (a) address, adopt or incorporate any plan, policy or strategy specified by the Minister; and (b) address, and be consistent with, any intergovernmental agreement specified by the Minister. (6) A regional landscape board must, in preparing and reviewing its regional landscape plan, give due consideration to the plans of other boards insofar as this may be relevant to issues or activities under its plan. (7) A council or council subsidiary must, when performing functions or exercising powers under the Local Government Act 1999 or any other Act, have regard to any regional landscape plan that applies within the relevant area and in particular must give consideration to the question whether it should implement changes to the manner in which, or the means by which, it performs a function or exercises a power or undertakes any other activity that has been identified in the plan as requiring change. (8) A plan must be in a form determined or approved by the Minister. (9) A regional landscape board may amend its regional landscape plan at any time (in accordance with the provisions of this Act). 48—Review of plan (1) A regional landscape board must review its regional landscape plan on a comprehensive basis at least once in every 5 years. (2) The purpose of a comprehensive review under subsection (1) is to— (a) provide a review of the extent to which the implementation of the plan has been successful in maintaining, protecting, improving or enhancing the state of landscapes at the regional and local level; and (b) assess or address any other matter prescribed by the regulations. (3) A regional landscape board may also review any aspect of its regional landscape plan at any time. (4) In undertaking a review under subsection (1) or (3), the regional landscape board will undertake such consultation as the board determines to be reasonable after taking into account any guidelines specified by the Minister for the purposes of this section. (5) The consultation referred to in subsection (4) must also comply with any requirements prescribed by the regulations. (6) At the conclusion of a review under subsection (1), the regional landscape board must— (b) make a public statement about the outcome of the review in such manner, and to such extent, as the board thinks appropriate. 49—Consultation associated with preparation of a plan or amendment (1) A regional landscape board proposing to create or amend a regional landscape plan must undertake such consultation as the board determines to be reasonable after taking into account any guidelines specified by the Minister for the purposes of this section. (2) The consultation referred to in subsection (1) must also comply with any requirements prescribed by the regulations. (3) In connection with subsections (1) and (2), consultation on any proposed amendments to a regional landscape plan may be undertaken as part of a review of the plan under section 48. (4) The board must, at the time that it furnishes a proposal to the Minister to approve a regional landscape plan, or an amendment to a regional landscape plan, provide a report on the consultation undertaken by the board for the purposes of this section (and this report may be included as part of a report to the Minister under section 48). (5) A report under subsection (4) must provide information about any matters raised during consultation and comply with any requirements prescribed by the regulations. (6) A regional landscape board may, at the end of the processes referred to above, propose any amendments to the regional landscape plan as it thinks fit (and is not required to repeat the processes on account of any change to its original proposal or proposals). 50—Approval of Minister (1) Subject to this Act, a regional landscape plan, or an amendment of a regional landscape plan, does not have effect unless or until it has been approved by the Minister. (2) The Minister may, on receiving a proposal to approve a plan, or the amendment of a plan, (a plan proposal)— (b) refer the plan proposal back to the board for further consideration. (3) The Minister must consult with the regional landscape board before making an amendment under subsection (2)(a). (4) If the Minister refers a plan proposal back to the regional landscape board, the board must take any further action specified by the Minister to reconsider the plan proposal (and the board may take such other action as it thinks fit), and then the board must refer the plan proposal (with or without amendment) back to the Minister. (5) After a regional landscape board has complied with subsection (4), the Minister may— (b) refer the plan proposal back to the board again (in which case subsection (4) will again apply); or (c) lay the plan proposal aside. (6) In a case where subsection (5)(b) applies, the Minister may, after the board has complied with subsection (4)— (b) lay the plan proposal aside. (7) If the Minister lays a plan proposal aside, the Minister may give directions to the regional landscape board as to what steps the board should take in the circumstances. (8) The preceding subsections do not apply to an amendment of a regional landscape plan if— (a) the amendment is to achieve consistency with any other plan under this Act, or to achieve consistency with any other plan, policy, strategy, program or guideline prescribed by the regulations; or (9) A regional landscape board must ensure that up‑to‑date copies of its regional landscape plan are made reasonably available to the public. 51—Annual business plan (1) A regional landscape board must prepare a business plan for each financial year (an annual business plan). (2) An annual business plan must be in a form determined or approved by the Minister and be prepared in accordance with any prescribed requirements. (3) An annual business plan must include— (a) the regional landscape board's budget for the relevant financial year; and (b) without limiting paragraph (a)—prescribed information with respect to amounts proposed to be recovered by the regional landscape board under Part 5 in relation to the relevant financial year; and (c) information that clearly shows proposed expenditure for each of the regional landscape board's key or strategic priorities; and (d) information about the board's staffing arrangements or plans for the relevant financial year; and (e) such other information as may be contemplated by this Act or prescribed by the regulations. (4) Without limiting any other provision, the annual business plan must clearly show any proposal of the regional landscape board— (a) to require a contribution from the constituent councils for the region under Part 5 Division 1 Subdivision 1 where it has not required such a contribution in relation to the financial year immediately preceding the relevant financial year; or (b) to require a contribution from the constituent councils for the region under Part 5 Division 1 Subdivision 1 which will require the approval of the Minister under section 66(5); or (c) for a change to be made to the basis of a levy under section 69(3); or (d) to require a contribution from persons who occupy land outside council areas under Part 5 Division 1 Subdivision 2 where it has not required such a contribution in relation to the financial year immediately preceding the relevant financial year; or (e) to require a contribution under Part 5 Division 1 Subdivision 2 which will require the approval of the Minister under section 71(10); or (f) to make a change to the basis of a levy under section 71(4); or (g) for a new levy to be imposed under Part 5 Division 2; or (h) for the Minister to act under section 76(17)(b); or (i) for a change to be made to the basis of a levy under section 76(7). (5) If a regional landscape board is intending to include in its annual business plan any proposal referred to in subsection (4) (referred to in the following subsections as a prescribed levy proposal), the board must— (a) publish, in accordance with any guidelines specified by the Minister for the purposes of this subsection, information relating to the proposal as well as a notice inviting members of the public to provide it with written submissions in relation to the proposal within a specified period (which must be at least 21 days); and (b) in a case where the proposal relates to the payment (or proposed payment) of contributions by constituent councils under Part 5 Division 1 Subdivision 1—take steps to consult with each constituent council to the extent required by the regulations; and (c) at the conclusion of the processes and consultation required under paragraphs (a) and (b)—prepare a report to the Minister on the outcome of those processes and that consultation. (6) When an annual business plan has been prepared in accordance with the preceding subsections, the regional landscape board must provide the plan to the Minister in accordance with the regulations. (7) The annual business plan must be accompanied by any report required under subsection (5)(c). (8) An annual business plan requires the approval of the Minister if— (a) it is inconsistent with the board's regional landscape plan; or (b) it contains a prescribed levy proposal. (9) The Minister, in considering whether to approve an annual business plan under subsection (8)(b)— (a) must take into account— (i) the report provided to the Minister under subsection (7); and (ii) the requirements of section 66(5), 71(10) or section 76(17)(b) (if relevant); and (b) may take into account such other matters as the Minister thinks fit. (10) If the Minister gives an approval under subsection (8)(b), the Minister must prepare a report on the matter and cause a copy of the report to be laid before both Houses of Parliament within 6 sitting days after so acting. (11) The House of Assembly may, by resolution passed within 6 sitting days after a report has been laid before it under subsection (10)— (a) resolve that it does not object to a prescribed levy proposal; or (b) resolve to suggest amendments to a prescribed levy proposal; or (c) resolve to disallow a prescribed levy proposal. (12) If, at the expiration of 6 sitting days, the House of Assembly has not made a resolution under subsection (11), it will be conclusively presumed that the House of Assembly does not object to the prescribed levy proposal and does not propose to suggest any amendments to it (and in this case the prescribed levy proposal may proceed). (13) If an amendment is suggested under subsection (11)(b)— (a) the Minister may make the amendment (and then the prescribed levy proposal, as amended, may proceed); or (b) the Minister must report back to the House of Assembly that the Minister is not willing to make the amendment and, in this case, the House of Assembly may resolve that it does not object to the prescribed levy proposal as originally approved by the Minister (and in this case the prescribed levy proposal may proceed), or may resolve to disallow the prescribed levy proposal. (14) If the House of Assembly passes a resolution to disallow a prescribed levy proposal— (a) the prescribed levy proposal ceases to have effect; and (b) the business plan will be taken to provide for an increase from the amount to be paid in relation to the immediately preceding financial year, adjusted to take into account the percentage change in CPI as described in section 66(4), 71(9) or 76(16) (as the case may be and including in a case where the proposal was, or included, a proposal to change the basis of a levy). (15) A regional landscape board may adjust its annual business plan from time to time as circumstances require. (16) If a regional landscape board makes a material adjustment to its annual business plan, the regional landscape board must provide a copy of the business plan (as adjusted) to the Minister (and such an adjustment will require the approval of the Minister in circumstances prescribed by the regulations). (17) A regional landscape board must ensure that up‑to‑date copies of its annual business plan are made reasonably available to the public. Division 2—Water allocation plans 52—Preparation of water allocation plans (1) Subject to subsection (2), a regional landscape board must prepare a water allocation plan— (a) for each prescribed water resource in its region; and (b) for any prescribed water resource, situated in more than 1 region, which is located in its region more than in any other region (with any question as to the application of this paragraph being determined by the Minister). (2) The Chief Executive may, if determined by the Minister, prepare a water allocation plan for any prescribed water resource if— (a) the whole or any part of the water resource is within the Green Adelaide Region; or (b) the Minister considers that special circumstances apply. (3) For the purposes of subsection (2)(b), special circumstances include— (a) that an administrator has been appointed under section 43; or (b) that the relevant regional landscape board has failed to prepare a water allocation plan in a timely manner (as determined by the Minister). (4) A water allocation plan may relate to more than 1 prescribed water resource. (5) An entity entitled to prepare a water allocation plan is also responsible to review, or entitled to prepare an amendment to, a water allocation plan (in accordance with the provisions of this Act and on the basis that subsections (1) and (2) also apply to any review or amendment in the same way as those subsections apply to the preparation of a water allocation plan). (6) If the Chief Executive is the designated entity for a water allocation plan, the Chief Executive must take reasonable steps to consult with any regional landscape board within whose region the relevant prescribed water resource is situated (in whole or in part) in undertaking the key processes and procedures set out in this Division. (7) If— (a) a regional landscape board is the designated entity for a water allocation plan; and (b) the relevant prescribed water resource is situated in more than 1 region, the regional landscape board must take reasonable steps to consult with any other regional landscape board in whose area a part of the prescribed water resource is situated in undertaking the key processes and procedures set out in this Division. (8) A reference in this Division or Division 3, or in Part 8, to a designated entity is a reference to an entity that is able to prepare, review or amend a water allocation plan under this section. 53—Key features of plan (1) A water allocation plan— (a) must include— (i) an assessment of the quantity and quality of water needed by the ecosystems that depend on the water resource and the times at which, or the periods during which, those ecosystems will need that water; and (ii) an assessment as to whether the taking or use of water from the resource will have a detrimental effect on the quantity or quality of water that is available from any other water resource; and (b) must include— (i) an assessment of the capacity of the water resource to meet environmental water requirements; and (ii) information about the water that is to be set aside for the environment including, insofar as is reasonably practicable, information about the quantity and quality of that water, the time when that water is expected to be made available, and the type and extent of the ecosystems to which it is to be provided; and (iii) a statement of the environmental outcomes expected to be delivered on account of the provision of environmental water under the plan; and (c) must determine, or provide a mechanism for determining, from time to time, a consumptive pool, or consumptive pools, for the water resource; and (d) must set out principles associated with the determination of water access entitlements and for the taking and use of water so that— (i) an equitable balance is achieved between environmental, social and economic needs for the water; and (ii) the rate of the taking and use of the water is sustainable; and (e) in providing for the allocation of water, must take into account the present and future needs of the occupiers of land in relation to the existing requirements and future capacity of the land and the likely effect of those provisions on the value of the land; and (f) must assess the capacity of the resource to meet the demands for water on a continuing basis and provide for regular monitoring of the capacity of the resource to meet those demands; and (g) must identify and assess methods for the conservation, use and management of water in an efficient and sustainable manner; and (h) in connection with the conservation, management or protection of the water resource, may— (i) make provision for the requirement to have a water management authorisation or a permit under Part 8 Division 2 to undertake an activity specified in the water allocation plan; and (ii) make provision for the identification of the relevant authority for the purposes of the application and implementation of the provisions of the water allocation plan under Part 8 Division 2; and (iii) set out matters that should be taken into account when a relevant authority is exercising a power to grant or refuse a water management authorisation or a permit under Part 8 Division 2 or Division 3; and (iv) make provision for or in relation to the conditions of any water management authorisation or permit issued under Part 8 Division 2 or Division 3; and (i) may identify the changes (if any) considered by the designated entity to be necessary or desirable to any statutory instrument, plan or policy (including subordinate legislation); and (j) may include a framework for measuring the success of the water allocation plan; and (k) may include such other information or material contemplated by this Act or required or authorised by the regulations. (2) A water allocation plan that relates to a surface water prescribed area may declare water in a prescribed watercourse, or a particular part of a prescribed watercourse, that is located within the boundary of the surface water prescribed area as forming part of the surface water prescribed area. (3) If a declaration is made under subsection (2)— (a) the declaration will have effect according to its terms; and (b) the water to which it relates, and the surface water, will be taken to form part of a single prescribed water resource; and (c) the water allocation plan may account for and manage the relevant water as part of the prescribed water resource to which it relates (including as to any requirement for a water management authorisation). (4) A water allocation plan may provide for the constitution of 1 or more consumptive pools with respect to a particular part of a water resource and, in relation to those consumptive pools, may do any of the following (in any combination): (a) assign the same purpose to more than 1 consumptive pool; (b) assign different purposes to different consumptive pools; (c) assign different purposes to a consumptive pool; (d) not assign any purpose to a consumptive pool or consumptive pools. (5) The basis on which a water access entitlement is to be determined may be expressed— (a) as a specified share of the water that constitutes the relevant consumptive pool from time to time, expressed— (i) as a number of units of a total number of units; or (ii) as a percentage, (as made available over a specified period); or (b) as a specified maximum volume over a specified period; or (c) if relevant in view of the nature of the particular water resource, as a specified proportion of water held in the relevant water resource, or a specified proportion of any inflow of water; or (d) on any basis prescribed by the regulations; or (e) on any other basis that the designated entity considers should apply under the water allocation plan. (6) The periods specified for the purposes of a water access entitlement may be recurrent periods (such as financial years). (7) A water allocation plan may— (a) set out appropriate policies and principles to assist in regulating the transfer of, or other dealings with, water management authorisations or water access entitlements (which policies may include provisions that provide for the varying of any water management authorisation or water access entitlements or prevent specified classes of transfers or dealings in specified circumstances); and (b) specify the classes of applications which will be subject to the operation of section 137 or 144. (8) A water allocation plan may provide for the variation of site use approvals or water resource works approvals of classes specified by the plan in circumstances specified by the plan. (9) If the taking, or the taking and use, of water from a water resource has, or is likely to have, a detrimental effect on the quantity or quality of water that is available from another water resource, the water allocation plan for the first mentioned resource must take into account the needs of persons and ecosystems using water from the other resource as well as the needs of persons and ecosystems using water from its own resource and may, to achieve an equitable balance between competing interests, include provisions designed to prevent or reduce those detrimental effects. (10) If the taking, or the taking and use, of water from a water resource affects, or is likely to affect, the management of water in another water resource, the water allocation plan for the second mentioned water resource may include provisions relating to the taking, or the taking and use, of water from the first mentioned water resource. (11) A water allocation plan may, in order to improve the management of a water resource, change the basis on which water is allocated from the resource notwithstanding that a consequential variation of a water licence to maintain consistency with the plan results in a reduction or increase in the quantity of water allocated in relation to the licence. (12) For the purposes of this section, environmental water requirements are those water requirements that must be met in order to sustain the ecological values of ecosystems that depend on the water resource, including their processes and biodiversity, at a low level of risk. (13) A water allocation plan may, in connection with the management of a prescribed water resource— (a) set out or identify appropriate principles and methodologies to determine the impact that commercial forests may have on the prescribed water resource and, on the basis of those principles and methodologies, specify hydrological values, as measurements of hydrological impact, that may be assigned to various classes of commercial forest; and (b) designate commercial forests, or commercial forests of a specified class or classes, within a defined area as commercial forests that, on account of assessments undertaken by the regional landscape board, have been identified as being appropriate to bring within the ambit of Part 8 Division 6 Subdivision 2 on account of their impacts on the prescribed water resource (taking into account the requirements of that Division); and (c) set out policies or criteria that are to apply for the purposes of determining the extent to which a water allocation under Part 8 Division 6 should be varied in various cases (which may include circumstances that lead to an allocation being reduced to zero). (14) A water allocation plan may, for the purposes of subsection (13) do the following: (a) make different provision as to any principles, methodologies or values according to any matter or circumstance specified by the designated entity; (b) specify values (as measurements of hydrological impact) according to any number of trees, volume, area, year or other factor (as determined by the designated entity); (c) exclude specified forests, or forests of a specified class, from a designation under subsection (13)(b) (so as to exclude them from the operation of Part 8 Division 6 Subdivision 2). (15) A designation under subsection (13)(b) may be made on the basis of an assessment of hydrological impacts that the commercial forests are having, or may be expected to have, on the prescribed water resource. (16) A summary of the assessments undertaken for the purposes of subsection (13)(b) must be included in the water allocation plan. (17) For the purposes of subsections (13) and (14), hydrological impacts may be determined according to an assessment by the designated entity of 1 or more of the following: (a) groundwater recharge reduction; (b) surface water run off reduction; (c) direct extraction from aquifers; (d) any impact prescribed by the regulations. (18) To avoid doubt, a water allocation plan may make provision under subsection (13) in relation to 1 or more commercial forests despite the fact that the commercial forest or commercial forests have not been the subject of a notice under section 101(7). (19) A water allocation plan should be consistent with the State Landscape Strategy. (20) A water allocation plan, when adopted, (and amendments made to a water allocation plan when adopted) should, as far as practicable, be consistent with such other plans, policies, strategies or guidelines as are prescribed by the regulations. (21) In addition, a water allocation plan must— (a) address, adopt or incorporate any plan, policy or strategy specified by the Minister; and (b) address, and be consistent with, any intergovernmental agreement specified by the Minister. (22) A designated entity must, in preparing and reviewing a water allocation plan, give due consideration to any other water allocation plan insofar as this may be relevant to the water allocation plan. (23) In the event of an inconsistency between a regional landscape plan and a water allocation plan, the water allocation plan will prevail to the extent of the inconsistency. (24) A plan must be in a form determined or approved by the Minister. 54—Review of plan (1) A designated entity must review a water allocation plan on a comprehensive basis at least once in every 10 years. (2) The purpose of a comprehensive review under subsection (1) is to— (a) provide a review of— (i) the principles reflected in the plan; and (ii) the success of the plan after taking into account the outcomes sought to be achieved by the water allocation plan; and (b) provide an assessment of whether the water allocation plan remains appropriate or requires amendment; and (c) assess or address any other matter prescribed by the regulations. (3) A designated entity may also review any aspect of a water allocation plan at any time. (4) In undertaking a review under subsection (1) or (3), the designated entity will undertake such consultation as the designated entity determines to be reasonable after taking into account any guidelines specified by the Minister for the purposes of this section. (5) The consultation referred to in subsection (4) must also comply with any requirements prescribed by the regulations. (6) At the conclusion of a review under subsection (1), the designated entity must— (b) make a public statement about the outcome of the review in such manner, and to such extent, as the designated entity thinks appropriate. 55—Consultation associated with preparation of a plan or amendment (1) A designated entity proposing to create or amend a water allocation plan must undertake such consultation as the designated entity determines to be reasonable after taking into account any guidelines specified by the Minister for the purposes of this section. (2) The consultation referred to in subsection (1) must— (a) in the case of a proposal to create a water allocation plan—provide for a period of public consultation for at least 2 months from the time that a draft of the plan is released to the public; and (b) comply with any other requirements prescribed by the regulations. (3) In connection with subsections (1) and (2)— (a) consultation on any proposed amendments to a water allocation plan may be undertaken as part of a review of the plan under section 54; and (b) if the proposal would lead to a reduction of existing water access entitlements or water allocations in connection with water licences in respect of the water resource, or a change to a consumptive pool, the designated entity must ensure that the holders of the licences affected by the reduction or change are notified of the proposal in accordance with the regulations (and provided with a reasonable opportunity to make representations in respect of the matter). (4) A designated entity must, at the time that it furnishes a proposal to the Minister to approve a water allocation plan, or an amendment to a water allocation plan, provide a report on the consultation undertaken by the designated entity for the purposes of this section (and this report may be included as part of a report to the Minister under section 54). (5) A report under subsection (4) must provide information about any matters raised during consultation and comply with any requirements prescribed by the regulations. (6) A designated entity may, at the end of the processes referred to above, propose any amendments to the water allocation plan as it thinks fit (and is not required to repeat the processes on account of any change to its original proposal or proposals). 56—Approval of Minister (1) Subject to this Act, a water allocation plan, or an amendment of a water allocation plan, does not have effect unless or until it has been approved by the Minister. (2) The Minister may, on receiving a proposal to approve a plan, or the amendment of a plan, (a plan proposal)— (b) refer the plan proposal back to the designated entity for further consideration. (3) The Minister must consult with the designated entity before making an amendment under subsection (2)(a). (4) If the Minister refers a plan proposal back to the designated entity, the designated entity must take any further action specified by the Minister to reconsider the plan proposal (and the designated entity may take such other action as it thinks fit), and then the designated entity must refer the plan proposal (with or without amendment) back to the Minister. (5) After the designated entity has complied with subsection (4), the Minister may— (b) refer the plan proposal back to the designated entity again (in which case subsection (4) will again apply); or (c) lay the plan proposal aside. (6) In a case where subsection (5)(b) applies, the Minister may, after the designated entity has complied with subsection (4)— (b) lay the plan proposal aside. (7) If the Minister lays a plan proposal aside, the Minister may give directions as to what steps should be taken in the circumstances. (8) The preceding subsections do not apply to the amendment of a water allocation plan if— (a) the amendment is to achieve consistency with any other plan under this Act, or to achieve consistency with any other plan, policy, strategy, program or guideline prescribed by the regulations; or (9) A regional landscape board must ensure that up‑to‑date copies of any water allocation plan that relates to a prescribed water resource within its region are made reasonably available to the public. 57—Early adoption of plan (1) A draft water allocation plan or amendments to a water allocation plan that have not been approved by the Minister under section 56 may be implemented by the regional landscape board with the consent of the Minister under this section and, if subsection (2) applies, the consent of the Minister for the time being administering the Water Industry Act 2012. (2) The consent of the Minister for the time being administering the Water Industry Act 2012 is required under subsection (1) if, in the opinion of the Minister for the time being administering this Act, implementation of the plan or the amendments under subsection (1) would affect the quality or quantity of water flowing into any infrastructure under the Water Industry Act 2012. (3) If the Minister and the Minister for the time being administering the Water Industry Act 2012 cannot reach agreement for the purposes of subsection (2), the Minister may take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of both Ministers for the purposes of this section).