229 Obligations of authorised compliance officers—entry by consent
230 Obligations of authorised compliance officers—entry by warrant
231 Use of equipment at premises
232 Expert assistance to operate equipment at premises
232A Extension of periods in which things secured
233 Compensation for damage
233A Completing execution of warrant after temporary cessation
233B Completing execution of warrant stopped by court order
233C Responsibility to provide facilities and assistance
233D Copies of seized things to be provided
233E Receipts for seized things
233F Return of seized things
233G Magistrate may permit a thing to be retained
233H Disposal of things
234 Offences relating to warrants
Subdivision C—Powers of magistrates
235 Powers of magistrates
Subdivision D—Other matters
236 Division not to abrogate privilege against self‑incrimination or legal professional privilege
237 Occupier entitled to be present during entry
237A Obstructing authorised compliance officers
Division 3—Information gathering
238 Power to require information
239 Prohibitions on disclosure of information do not apply
Part 10AB—Inspector‑General of Water Compliance (inquiry powers)
239AA Inspector‑General may conduct inquiry
239AB Terms of reference for inquiry
239AC Inspector‑General may require person to give information for the purpose of certain inquiries
239AD Inspector‑General may require person to appear to answer questions for the purpose of certain inquiries
239AE Reports by Inspector‑General
239AF Responses to inquiry reports including recommendations that an agency take certain action
239AG Including criticism in reports
239AH Privilege against self‑incrimination and legal professional privilege not abrogated
Part 10AC—Powers of the ACCC to require information, etc.
239AJ Power to require information, documents and evidence
239AK Oaths and affirmations for the purposes of section 239AJ
239AL Power to vary time for the purposes of section 239AJ
239AM Privilege against self‑incrimination
239AN Court may order a person to comply with a notice
Part 10A—Transitional matters relating to the Murray‑Darling Basin Commission
Division 1—Preliminary
239A Definitions
239B Application of this Part
Division 2—Assets, liabilities and legal proceedings
239C Vesting of assets of Murray‑Darling Basin Commission
239D River Murray Operations assets unaffected
239E Living Murray Initiative assets unaffected
239F Vesting of liabilities of Murray‑Darling Basin Commission
239G Certificates relating to vesting of land etc.
239H Certificates relating to vesting of assets other than land etc.
239J Substitution of Authority as a party to pending proceedings
239K Rights to sue President or Commissioner become rights to sue Authority
239L President’s or Commissioner’s rights to sue become rights of Authority
239M Transfer of custody of Murray‑Darling Basin Commission records
Division 3—Effect on instruments and things done
239N References in certain instruments to Murray‑Darling Basin Commission etc.
239P Things done by, or in relation to, the Murray‑Darling Basin Commission etc. under Acts and instruments
239Q Things done under the former MDB Agreement
239R Continuation of committees established by Murray‑Darling Basin Commission
239S Continuation of Murray‑Darling Basin Commission’s corporate plan
Division 4—Financial matters
239T Financial matters
Division 5—Miscellaneous
239U Exemption from stamp duty and other State or Territory taxes
239V Certificates taken to be authentic
239W Regulations
An Act to make provision for the management of the water resources of the Murray‑Darling Basin, and to make provision for other matters of national interest in relation to water and water information, and for related purposes
Part 1—Preliminary
1 Short title
This Act may be cited as the Water Act 2007.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 3 September 2007
Sections 3 to 256 and Schedules 1 to 4 A day or days to be fixed by Proclamation.However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. 3 March 2008
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Objects
The objects of this Act are:
(a) to enable the Commonwealth, in conjunction with the Basin States, to manage the Basin water resources in the national interest; and
(b) to give effect to relevant international agreements (to the extent to which those agreements are relevant to the use and management of the Basin water resources) and, in particular, to provide for special measures, in accordance with those agreements, to address the threats to the Basin water resources; and
(c) in giving effect to those agreements, to promote the use and management of the Basin water resources in a way that optimises economic, social and environmental outcomes; and
(d) without limiting paragraph (b) or (c):
(i) to ensure the return to environmentally sustainable levels of extraction for water resources that are overallocated or overused; and
(ii) to protect, restore and provide for the ecological values and ecosystem services of the Murray‑Darling Basin (taking into account, in particular, the impact that the taking of water has on the watercourses, lakes, wetlands, ground water and water‑dependent ecosystems that are part of the Basin water resources and on associated biodiversity); and
(iii) subject to subparagraphs (i) and (ii)—to maximise the net economic returns to the Australian community from the use and management of the Basin water resources; and
(e) to improve water security for all uses of Basin water resources; and
(f) to ensure that the management of the Basin water resources takes into account the broader management of natural resources in the Murray‑Darling Basin; and
(fa) to ensure that the use and management of Basin water resources takes into account spiritual, cultural, environmental, social and economic matters relevant to Indigenous people, including in relation to their knowledge, values, uses, traditions and customs; and
(g) to achieve efficient and cost effective water management and administrative practices in relation to Basin water resources; and
(ga) to ensure that the governance of water markets and trading arrangements relating to Basin water resources is appropriate, and that governance measures promote integrity and transparency in water markets; and
(h) to provide for the collection, collation, analysis and dissemination of information about:
(i) Australia’s water resources; and
(ii) the use and management of water in Australia.
4 Definitions
(1) In this Act:
ACCC means the Australian Competition and Consumer Commission.
affects water resource plan accreditations, in relation to an amendment of the Basin Plan, has the meaning given by subsection 48(8).
agency of the Commonwealth means:
(a) a Minister of the Crown for the Commonwealth; or
(b) a Department of State for the Commonwealth; or
(c) a body (whether incorporated or not) established or appointed for a public purpose by or under a law of the Commonwealth; or
(d) a body established, or appointed, by the Governor‑General; or
(e) a person holding or performing the duties of:
(i) an office established by or under; or
(ii) an appointment made under;
a law of the Commonwealth (other than the office of head of a Department of State for the Commonwealth (however described)); or
(f) a person holding or performing the duties of an appointment that is made by the Governor‑General (otherwise than under a law of the Commonwealth); or
(g) a company in which the Commonwealth, or a body corporate referred to in paragraph (c) or (d), has a controlling interest.
agency of a State means:
(a) a Minister of the Crown for the State; or
(b) a Department of State for the State; or
(c) a body (whether incorporated or not) established or appointed for a public purpose by or under a law of the State (including a local government body); or