68Minister may request Authority to prepare water resource plan

68  Minister may request Authority to prepare water resource plan  (1) The Minister may request the Authority to prepare a water resource plan for a water resource plan area if:  (a) subsection (2), (3), (4) or (5) is satisfied; and  (b) the requirements of Division 3 are satisfied. This subsection does not apply to a water resource plan area if a transitional water resource plan is in effect in relation to the area under Part 11.  (2) This subsection is satisfied if the Basin State in which the area is located does not give the Authority a water resource plan for the area under section 63 in accordance with the regulations made for the purposes of subsection 63(9).  (3) This subsection is satisfied if:  (a) the Basin State in which the area is located gives the Authority a water resource plan for the area under section 63; and  (b) the Minister decides under subsection 63(5) not to accredit the water resource plan because the water resource plan is not consistent with the Basin Plan.  (4) This subsection is satisfied if:  (a) a water resource plan for the area is accredited under section 63; and  (b) a review of the water resource plan is undertaken under:  (i) a State water management law; or  (ii) the water resource plan itself; and  (c) the report of the review recommends that the water resource plan be amended; and  (d) the Basin State in which the area is located does not give the Authority an amendment of the water resource plan under section 65 within a reasonable time after the recommendation is made.  (5) This subsection is satisfied if:  (a) a water resource plan for the area is accredited under section 63; and  (b) there is a review of the water resource plan; and  (c) the report of the review recommends that the water resource plan be amended; and  (d) the Basin State in which the area is located gives the Authority an amendment of the water resource plan under section 65; and  (e) the Minister decides under subsection 65(5) not to accredit the amendment because the amendment is not consistent with the Basin Plan.  (6) If the Minister requests the Authority to prepare a water resource plan for a water resource plan area under subsection (1), the Authority must:  (a) prepare a water resource plan for the area in accordance with the process set out in the regulations; and  (b) give the water resource plan to the Minister for adoption.  (7) In preparing the water resource plan, the Authority must have regard to the requirements of the laws of the Basin State in which the water resource plan area is located. Note: Under section 109 of the Constitution, any State laws that are inconsistent with the Basin Plan will be of no effect to the extent of the inconsistency.  (8) If subsection (3) applies, the Authority must incorporate the provisions of the water resource plan that the Basin State gives the Authority under section 63 to the extent to which it is possible to do so consistently with the Basin Plan.  (9) If subsection (5) applies, the Authority must incorporate the provisions of:  (a) the existing water resource plan; and  (b) the amendment that the Basin State gives the Authority under section 65; to the extent to which it is possible to do so consistently with the Basin Plan.  (10) If the water resource plan area is adjacent to a water resource plan area located in a different Basin State, the Authority must prepare the plan in consultation with that Basin State. Note: The surface water of the Googong Dam Area is to be treated as if it were located in the Australian Capital Territory (see section 63A).