CTHRepealedAct
National Water Commission Act 2004
7Functions of the NWC
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#### 7 Functions of the NWC
(1) The NWC has the following functions:
(a) if requested by COAG, to carry out audits to determine:
(i) whether parties to the NWI are implementing their commitments under the NWI, or any other agreement between the Commonwealth and a State or Territory, in relation to the parties’ management and regulation of their water resources; and
(ii) the effectiveness of that implementation;
(b) every 3 years:
(i) to assess the progress of parties to the NWI towards achieving the objectives and outcomes of, and within the timelines required by, the NWI; and
(ii) to advise COAG of those assessments; and
(iii) to advise and make recommendations to COAG on actions that the parties might take to better achieve those objectives and outcomes;
(c) to conduct any other assessments in relation to matters relating to:
(i) the NWI; or
(ii) any other agreement between the Commonwealth and a State or Territory, but only if that other agreement provides for the NWC to have this function;
particularly in relation to matters that are significant for achieving the objectives and outcomes of the NWI;
(d) to monitor areas that are significant for achieving the objectives and outcomes of the NWI;
(e) to assist with the implementation of the NWI by providing information and guidance in relation to the functions mentioned in paragraphs (a) to (d), and to undertake activities that promote the objectives and outcomes of the NWI;
(f) if requested to do so by the Minister, to advise and make recommendations to the Commonwealth in relation to the functions mentioned in paragraphs (a) to (d);
(g) if requested to do so by the Minister, to advise and make recommendations to the Minister in relation to any Commonwealth program that relates to the management and regulation of Australia’s water resources;
(h) to advise COAG on whether a State or Territory is implementing its commitments under any agreement (other than the NWI) between the Commonwealth and the State or Territory relating to the management and regulation of Australia’s water resources, but only if the agreement provides for the NWC to have this function;
(i) if requested by COAG, to conduct any study or analysis, or to provide any report, in relation to:
(i) matters of national significance relating to water (including the sustainable management of water resources and access to, and use of, water); or
(ii) the COAG Water Reform Framework;
(j) any other function conferred by another law of the Commonwealth or prescribed by the regulations.
Giving advice and making recommendations
(4) The NWC is to give all advice and make all recommendations under this section by giving the advice and making the recommendations to the Minister.
(4A) The NWC is to give advice and make recommendations to COAG under this section by giving the advice and making the recommendations to the parties to the NWI at the same time as the advice is given, and the recommendations are made, to the Minister. Parties to the NWI that are given advice and to whom recommendations are made under this subsection are not required to be given the advice or the recommendations by the Minister.
Parties to the NWI include the Commonwealth
(5) To avoid doubt, a reference in this section (other than in subsection (4A)) to the parties to the NWI includes a reference to the Commonwealth.