22Content of Basin Plan

22  Content of Basin Plan Mandatory content of Basin Plan  (1) The Basin Plan must include the matters set out in the following table:   - Mandatory content of Basin Plan - Item Matter to be included Specific requirements - 1 A description of the Basin water resources and the context in which those resources are used. The description must include information about:(a) the size, extent, connectivity, variability and condition of the Basin water resources; and(b) the uses to which the Basin water resources are put (including by Indigenous people); and(c) the users of the Basin water resources; and(d) the social and economic circumstances of Basin communities dependent on the Basin water resources. - 2 An identification of the particular areas that are to be water resource plan areas for the purposes of this Act and the periods that are to be the water accounting periods for each of those areas.The Basin Plan may also provide that an area is to be a water resource plan area for the purposes of this Act from the time specified in the Basin Plan. The time may be specified as a particular date, as the time when particular conditions are satisfied or particular circumstances start to exist or in any other way. If the Basin Plan includes a provision to this effect, the area is a water resource plan area only from the time specified in the Basin Plan. The identification must specify one or more of the following as the water resources to which any water resource plan for the area will apply:(a) all (or a specified part or share) of the surface water in a particular area;(b) all (or a specified part or share) of the ground water beneath a particular area;(c) all (or a specified part) of a particular watercourse, lake or aquifer.A reference in this Act to the water resources of the water resource plan area is a reference to the water resources identified as the ones to which the water resource plan applies.The water resource plan areas in a State, and the water accounting periods for those areas, that are identified in the Basin Plan must, as far as possible, be aligned with the areas and accounting periods provided for in or under the State water management law of that State. However, this does not prevent the Basin Plan identifying an area as a water resource plan area if none of that area falls within an area provided for in or under the State water management law of that State.The surface water of the Googong Dam Area (within the meaning of the Canberra Water Supply (Googong Dam) Act 1974) must be included in a water resource plan area for which the Australian Capital Territory (and not New South Wales) prepares a water resource plan (see section 63A).The Authority must consult a State before the Basin Plan identifies as a water resource plan area an area none of which falls within an area provided for in or under the State water management law of that State. - 3 An identification of the risks to the condition, or continued availability, of the Basin water resources. The risks dealt with must include the risks to the availability of Basin water resources that arise from the following:(a) the taking and use of water (including through interception activities);(b) the effects of climate change;(c) changes to land use;(d) the limitations on the state of knowledge on the basis of which estimates about matters relating to Basin water resources are made. - 4 Management objectives and outcomes to be achieved by the Basin Plan. The objectives and outcomes must be consistent with purposes set out in section 20.The objectives and outcomes must address:(a) environmental outcomes; and(b) water quality and salinity; and(c) long‑term average sustainable diversion limits and temporary diversion limits; and(d) trading in water access rights. - 5 The strategies to be adopted to manage, or address, the risks identified under item 3. The strategies must relate to the management of Basin water resources. - 6 The maximum long‑term annual average quantities of water that can be taken, on a sustainable basis, from:(a) the Basin water resources as a whole; and(b) the water resources, or particular parts of the water resources, of each water resource plan area. The limit must comply with section 23.Sections 23A and 23B deal with adjustments to the limit.Section 75 requires particular matters to be specified in the Basin Plan if a long‑term average sustainable diversion limit for the water resources, or a particular part of the water resources, of a water resource plan area is reduced. - The averages are the long‑term average sustainable diversion limits for the Basin water resources, and the water resources, or particular parts of the water resources, of the water resource plan area. - 7 For the water resources, or particular parts of the water resources, of each water resource plan area, the long‑term annual average quantities of water that may, on a temporary basis, be taken year by year from the water resources, or particular parts of the water resources, in addition to the long‑term average sustainable diversion limit for those water resources or that particular part.The average is the temporary diversion provision for those water resources or that particular part.The sum of:(a) the long‑term average sustainable diversion limit; and(b) the temporary diversion provision;for those water resources or that particular part is the long‑term annual diversion limit for those water resources or that particular part. The temporary diversion provision must comply with section 24. - 8 The method for determining whether the long‑term annual diversion limit for the water resources, or a particular part of the water resources, of a water resource plan area has been complied with (whether in relation to a particular water accounting period or over a longer period) and the extent of any failure to comply with that limit. The method must include provision for accounting for any trading, or transfer, of tradeable water rights. - 9 An environmental watering plan. The environmental watering plan must comply with section 28. - 10 A water quality and salinity management plan. The water quality and salinity management plan must comply with section 25. - 11 The requirements that a water resource plan for a water resource plan area must comply with for it to be accredited or adopted under Division 2. The requirements must relate to matters that are relevant to the sustainable use and management of the water resources of the water resource plan area.Subsections (3), (6A) and (6B) provide that certain matters must be included in the requirements. - 12 Rules for the trading or transfer of tradeable water rights in relation to Basin water resources.See also section 26. The rules must contribute to achieving the Basin water market and trading objectives and principles that are set out in Schedule 3.Without limiting the matters that the rules may deal with, the rules must deal with the trading or transfer between Basin States of tradeable water rights in relation to Basin water resources. - 13 A program for monitoring and evaluating the effectiveness of the Basin Plan. The program must include the principles to be applied and the framework to be used to monitor and evaluate the effectiveness of the Basin Plan.The program must include reporting requirements for the Commonwealth and the Basin States.The program must include 5 yearly reviews of:(a) the water quality and salinity targets in the water quality and salinity management plan; and(b) the environmental watering plan; and (c) the social and economic impacts of the Basin Plan.The program must provide for the first of each of those reviews to be completed before the end of 2020. Note: The Basin Plan must also include matters relating to critical human water needs (see Part 2A).  (2) Areas identified as water resource plan areas under item 2 of the table in subsection (1) may overlap. Note: Although the areas may overlap, they may relate to different water resources within the common area.  (3) Without limiting item 11 of the table in subsection (1), the requirements specified under that item for a water resource plan for a water resource plan area must include requirements in relation to:  (a) the identification of the water resource plan area; and  (b) the incorporation, and application, of the long‑term annual diversion limit for the water resources of the water resource plan area (see also subsections (6A) and (6B)); and  (c) the sustainable use and management of the water resources of the water resource plan area within that diversion limit; and  (ca) having regard to social, spiritual and cultural matters relevant to Indigenous people in relation to the water resources of the water resource plan area in the preparation of the water resource plan; and  (d) the regulation, for the purposes of managing Basin water resources, of interception activities with a significant impact (whether on an activity‑by‑activity basis or cumulatively) on those water resources; and  (e) planning for environmental watering; and  (f) water quality and salinity objectives for the water resource plan area; and  (g) the circumstances in which tradeable water rights in relation to the water resource plan area may be traded, or transferred, and the conditions applicable to such trades or transfers; and  (h) broad approaches to the way risks to the water resources of the water resource plan area should be addressed; and  (i) metering the water taken from the water resources of the water resource plan area and monitoring the water resources of the water resource plan area; and  (j) reviews of the water resource plan and amendments of the plan arising from those reviews; and  (k) the scientific information or models on which the water resource plan is to be based. The requirements in relation to the matters referred to in paragraph (g) must contribute to achieving the Basin water market and trading objectives and principles that are set out in Schedule 3.  (4) The requirements referred to in a paragraph in subsection (3) need not apply in relation to the water resource plan for a water resource plan area if those requirements are not relevant to the water resource plan area given the management objectives for the area. Note: If the management objective for the area is to preserve the natural values of a river system through no development, some of the requirements that relate to the use and management of the water resources of the water resource plan area may be irrelevant.  (5) The requirements specified under item 11 of the table in subsection (1) may include a requirement for a water resource plan to provide for the metering of stock and domestic water use only to the extent that such metering is necessary for the effective management of the Basin water resources. Note: Metering may, for example, be necessary for the effective management of the Basin water resources where a particular ground water resource is under stress or where there are local disputes about water sharing.  (6) To avoid doubt:  (a) there may be different requirements under item 11 of the table in subsection (1) for different kinds of water resource plan areas or to meet different management objectives; and  (b) a requirement under that item may be one that, in accordance with its terms, does not apply to a particular water resource plan area or applies only to a limited extent. Adjustments to long‑term annual diversion limits  (6A) The requirements in paragraph (3)(b) must include a requirement for a water resource plan for a water resource plan area to contain a mechanism for incorporating and applying the long‑term annual diversion limit for the water resources of that plan area (or for a particular part of those water resources), as that limit is after it has been amended to take account of a relevant SDL adjustment.  (6B) For the purposes of subsection (6A), a relevant SDL adjustment, in relation to a water resource plan area, is an adjustment of the long‑term average sustainable diversion limit for the water resources of that plan area (or for a particular part of those water resources) that is adopted under subsection 23B(6) as an amendment of the Basin Plan after the water resource plan for that plan area is accredited or adopted.  (7) The requirements referred to in paragraph (3)(d):  (a) may require that interception activities with, or with the potential to have, significant impacts on the water resources of the water resource plan area are assessed to determine whether they are consistent with the water resource plan before they are approved under:  (i) any other laws of a Basin State; or  (ii) a particular law of a Basin State; and  (b) may require that water access rights be held for specified kinds of interception activities. Other matters that may be included in Basin Plan  (8) The Basin Plan may also include any other matters prescribed by the regulations for the purposes of this subsection. Basin Plan may confer functions or powers on Inspector‑General  (8A) A provision of the Basin Plan that relates to a matter set out in the table in subsection (1), or a matter prescribed by the regulations for the purposes of subsection (8), may confer functions or powers on the Inspector‑General:  (a) for the purpose of ensuring compliance with provisions of the Basin Plan that relate to that matter; or  (b) otherwise relating to that matter. Matters that may not be dealt with by the Basin Plan  (9) The provisions of the Basin Plan have effect only to the extent to which they relate to a matter that is relevant to the use or management of Basin water resources.  (10) A provision of the Basin Plan has no effect to the extent to which the provision directly regulates:  (a) land use or planning in relation to land use; or  (b) the management of natural resources (other than water resources); or  (c) the control of pollution.  (11) For the purposes of subsection (10), a provision directly regulates a matter referred to in paragraph (10)(a), (b) or (c) if the provision:  (a) prohibits a person (including an agency of a State) from undertaking an activity in relation to that matter (either absolutely or unless the person satisfies particular conditions); or  (b) requires a person (including an agency of a State) to undertake an activity in relation to that matter; or  (c) requires a person (including an agency of a State) who undertakes an activity in relation to that matter to carry that activity out in a particular way; or  (d) imposes an obligation on a person (including an agency of a State) in relation to the carrying out of an activity in relation to that matter, including an obligation to obtain consent or approval in relation to that matter; or  (e) imposes an obligation on a person (including an agency of a State) in connection with the performance of a function relating to a matter referred to in paragraph (a), (b), (c) or (d), including by obliging the person to impose such an obligation on another person or agency. This subsection does not limit subsection (10).  (12) Subsections (10) and (11) do not prevent a provision of the Basin Plan having effect to the extent to which it:  (a) imposes a requirement of the kind referred to in subsection (7); or  (b) sets targets under section 25 or 28; or  (c) imposes a requirement to report on steps taken by a State to meet targets set in the Basin Plan.