What it does
The Water Act 2007 (the Act) establishes a comprehensive framework for the integrated management of the Murray-Darling Basin (Basin) water resources. At its core, the Act requires the preparation and adoption of a Basin Plan under Division 1 of Part 2 (ss 19-52A). The Basin Plan must identify sustainable diversion limits for the Basin water resources as a whole and for each water resource plan area (item 6 of the table in s 22(1)), reflecting an environmentally sustainable level of take (s 23(1)). It must also include an environmental watering plan (s 28), a water quality and salinity management plan (s 25), water trading rules (item 12 of the table in s 22(1)) and requirements for accredited state water resource plans (item 11 of the table in s 22(1); ss 54-71).
The Act establishes the Murray-Darling Basin Authority (the Authority) under s 171 as the body responsible for preparing the Basin Plan (s 41) and amendments (s 45), monitoring and evaluating its effectiveness (ss 52A, 73L-73M), and coordinating environmental watering (ss 29-32). The Authority's functions are detailed in s 172 and extended by the Murray-Darling Basin Agreement in Schedule 1 (Part 1A, ss 18C-18H).
A key mechanism is the accreditation or adoption of water resource plans for specific areas (Division 2 of Part 2, ss 53-71). These plans must be consistent with the Basin Plan (s 55) and address risks, interception activities, environmental watering and metering (s 22(3)). If a Basin State fails to prepare an accredited plan, the Minister may request the Authority to prepare one (s 68), with step-in powers subject to procedural safeguards (Division 3 of Part 2, ss 72-73).
The Act addresses critical human water needs in Part 2A (ss 86A-86L), requiring the Basin Plan to prioritise conveyance water and Tier 1, 2 and 3 sharing arrangements (ss 86B-86E). It establishes the Commonwealth Environmental Water Holder under s 104 to manage holdings for environmental outcomes (ss 105-110), with a special account (ss 111-113).