(iii) if the State is the Australian Capital Territory—the Australian Capital Territory Executive; 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 State (other than the office of head of a Department of State for the State (however described)); or
(f) a person holding or performing the duties of an appointment that is made by:
(i) a Governor of the State; or
(ii) a Minister of the Crown for the State; or
(iii) if the State is the Australian Capital Territory—the Australian Capital Territory Executive;
(otherwise than under a law of the State); or
(g) a company in which the State, or a body corporate referred to in paragraph (c) or (d), has a controlling interest.
Agreement has the meaning given by section 18A.
appropriate enforcement agency has the meaning given by section 137.
assist, in relation to an Authority delegate, means:
(a) to perform functions in connection with the Authority delegate’s performance or exercise of a function or power delegated under section 199; or
(b) to perform services for the Authority delegate in connection with the Authority delegate’s performance or exercise of a function or power delegated under section 199.
Australia, when used in a geographical sense, includes the external Territories.
authorised compliance officer means an individual whose appointment by the Inspector‑General under section 222G is in force.
authorised officer means an individual whose appointment by the Authority under section 217 is in force.
Authority has the meaning given by section 18A.
Authority Chair means the Chair of the Authority.
Authority delegate means a person to whom a function or power is delegated under section 199.
Authority member means a member of the Authority, and includes the Chief Executive and the Authority Chair.
Authority staff means the staff described in section 206.
Basin Community Committee means the committee established under section 202.
Basin Officials Committee has the meaning given by section 18A.
Basin Plan means the Basin Plan adopted by the Minister under section 44 (as amended from time to time).
Basin reference limit has the meaning given by subsection 23A(5).
Basin State means the following:
(a) New South Wales;
(b) Victoria;
(c) Queensland;
(d) South Australia;
(e) the Australian Capital Territory.
Basin water market trading objectives and principles means the objectives and principles that are set out in Schedule 3.
Basin water resources means all water resources within, or beneath, the Murray‑Darling Basin, but does not include:
(a) water resources within, or beneath, the Murray‑Darling Basin that are prescribed by the regulations for the purposes of this paragraph; or
(b) ground water that forms part of the Great Artesian Basin.
biodiversity means the variability among living organisms from all sources (including terrestrial, marine and aquatic ecosystems and the ecological complexes of which they are a part) and includes:
(a) diversity within species and between species; and
(b) diversity of ecosystems.
Biodiversity Convention means the Convention on Biological Diversity done at Rio de Janeiro on 5 June 1992.
Note: The text of the Convention is set out in Australian Treaty Series 1993 No. 32. In 2007, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
Bonn Convention means the Convention on the Conservation of Migratory Species of Wild Animals done at Bonn on 23 June 1979.
Note: The text of the Convention is set out in Australian Treaty Series 1991 No. 32. In 2007, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
Border Rivers water sharing arrangements has the meaning given by subsection 86F(3).
bulk water charge means a charge payable for either or both the storage of water for, or the delivery of water to, any of the following:
(a) infrastructure operators;
(b) other operators of reticulated water systems;
(c) other persons prescribed by the regulations for the purposes of this paragraph.
Bureau means the Commonwealth Bureau of Meteorology established under section 5 of the Meteorology Act 1955.
CAMBA means the Agreement between the Government of Australia and the Government of the People’s Republic of China for the Protection of Migratory Birds and their Environment done at Canberra on 20 October 1986.
Note: The text of the Agreement is set out in Australian Treaty Series 1988 No. 22. In 2007, the text of an Agreement in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
Chief Executive means the Chief Executive of the Authority.
civil penalty provision has the meaning given by section 146.
Climate Change Convention means the United Nations Framework Convention on Climate Change done at New York on 9 May 1992.
Note: The text of the Convention is set out in Australian Treaty Series 1994 No. 2. In 2007, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
Commissioner has the meaning given by subsection 239J(3).
Commonwealth Environmental Water Holder means the Commonwealth Environmental Water Holder established under section 104.
Commonwealth environmental water holdings has the meaning given by section 108.
Commonwealth water legislation has the meaning given by section 250A.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
consumptive use means the use of water for private benefit consumptive purposes including irrigation, industry, urban and stock and domestic use.
contract includes a deed.
conveyance water has the meaning given by subsection 86A(4).
critical human water needs has the meaning given by subsection 86A(2).
declared Ramsar wetlands has the meaning given by section 17 of the Environment Protection and Biodiversity Conservation Act 1999.
Desertification Convention means the United Nations Convention to Combat Desertification in those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa done at Paris on 17 June 1994.
Note: The text of the Convention is set out in Australian Treaty Series 2000 No. 18. In 2007, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
designated compliance provision means any of the following provisions:
(a) a provision of Part 2 or regulations made for the purposes of that Part;
(ba) a provision of Part 7A or regulations made for the purposes of that Part; or
(b) section 166;
(c) section 222C;
(d) section 222D;
(e) section 237A;
(f) section 238.
eligible tradeable water right has the meaning given by section 6A.
eligible water markets intermediary means a person who provides any of the following services:
(a) trading of eligible tradeable water rights on behalf of another person in exchange for a commission or fee;
(b) investigating eligible tradeable water rights trading possibilities on behalf of a water market participant or a potential water market participant in exchange for a commission or fee;
(c) preparing documents that are necessary for the trade or transfer of eligible tradeable water rights on behalf of a water market participant or a potential water market participant in exchange for a commission or fee;
(d) providing a trading platform or water exchange for eligible tradeable water rights;
(e) giving advice (whether or not for payment of any kind) in the course of providing services of a kind mentioned in paragraph (a), (b), (c) or (d) to a water market participant or a potential water market participant about trading in eligible tradeable water rights, other than advice that is of a general nature and not provided to address the specific circumstances of a water market participant or a potential water market participant;
(f) making a representation that an eligible tradeable water right is available for sale or purchase, if the person will facilitate the trade or transfer of the eligible tradeable water right in exchange for a commission or fee.
enforcement body has the meaning given by the Privacy Act 1988.
enforcement related activity has the meaning given by the Privacy Act 1988.
environmental assets includes:
(a) water‑dependent ecosystems; and
(b) ecosystem services; and
(c) sites with ecological significance.
environmentally sustainable level of take for a water resource means the level at which water can be taken from that water resource which, if exceeded, would compromise:
(a) key environmental assets of the water resource; or
(b) key ecosystem functions of the water resource; or
(c) the productive base of the water resource; or
(d) key environmental outcomes for the water resource.
environmental outcomes includes:
(a) ecosystem function; and
(b) biodiversity; and
(c) water quality; and
(d) water resource health.
Note 1: Paragraph (a) would cover, for example, maintaining ecosystem function by the periodic flooding of floodplain wetlands.
Note 2: Paragraph (d) would cover, for example, mitigating pollution and limiting noxious algal blooms.
environmental water means:
(a) held environmental water; or
(b) planned environmental water.
Environmental Water Holdings Special Account means the account established by section 111.
environmental watering means the delivery or use of environmental water to achieve environmental outcomes.
environmental watering schedule means an agreement:
(a) that is an agreement to coordinate the use of environmental water to maximise the benefits of environmental watering across the Murray‑Darling Basin, a specified part of the Murray‑Darling Basin or a specified area outside the Murray‑Darling Basin; and
(b) to which some or all of the following are parties:
(i) holders of held environmental water (including the Commonwealth);
(ii) owners of environmental assets;
(iii) managers of planned environmental water; and
(c) if the agreement relates to held environmental water in the Murray‑Darling Basin—to which the Authority is a party.
evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
evidential material means any of the following:
(a) a thing with respect to which a designated compliance provision has been contravened or is suspected, on reasonable grounds, to have been contravened;
(b) a thing that there are reasonable grounds for suspecting will afford evidence as to the contravention of a designated compliance provision;
(c) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of contravening a designated compliance provision.
executive officer of a body corporate means a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.
field relevant to the Authority’s functions has a meaning affected by subsection 178(3).
First Ministers’ Council means a body (however described) that consists only of, or that includes, the following:
(a) the Prime Minister;
(b) the Premiers of each State;
(c) the Chief Ministers of the Australian Capital Territory and Northern Territory.
former MDB Agreement has the meaning given by section 239A.
former Murray‑Darling Basin Ministerial Council has the meaning given by section 239A.
ground water means:
(a) water occurring naturally below ground level (whether in an aquifer or otherwise); or
(b) water occurring at a place below ground that has been pumped, diverted or released to that place for the purpose of being stored there;
but does not include water held in underground tanks, pipes or other works.
held environmental water means water available under:
(a) a water access right; or
(b) a water delivery right; or
(c) an irrigation right;
for the purposes of achieving environmental outcomes (including water that is specified in a water access right to be for environmental use).
Indigenous person means a person who is:
(a) a member of the Aboriginal race of Australia; or
(b) a descendant of an Indigenous inhabitant of the Torres Strait Islands.
infrastructure operator has the meaning given by subsection 7(2).
infringement notice means an infringement notice given under section 156.
Inspector‑General means the Inspector‑General of Water Compliance referred to in section 215B.
interception activity means the interception of surface water or ground water that would otherwise flow, directly or indirectly, into a watercourse, lake, wetland, aquifer, dam or reservoir that is a Basin water resource.
interest, in relation to land, means:
(a) any legal or equitable estate or interest in the land; or
(b) a restriction on the use of the land, whether or not annexed to other land; or
(c) any other right (including a right under an option and a right of redemption), charge, power or privilege over, or in connection with, the land or an interest in the land.
interim water resource plan has the meaning given by section 242.
international agreement means an agreement whose parties are:
(a) Australia and a foreign country; or
(b) Australia and 2 or more foreign countries.
investigation warrant means:
(a) a warrant issued by a magistrate under section 226; or
(b) a warrant signed by a magistrate under section 227.
irrigation infrastructure operator has the meaning given by subsection 7(4).
irrigation network of an irrigation infrastructure operator has the meaning given by subsection 7(4).
irrigation right means a right that:
(a) a person has against an irrigation infrastructure operator to receive water; and
(b) is not a water access right or a water delivery right.
JAMBA means the Agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment done at Tokyo on 6 February 1981.
Note: The text of the Agreement is set out in Australian Treaty Series 1981 No. 6. In 2007, the text of an Agreement in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
lake:
(a) means a natural lake, pond or lagoon (whether modified or not); and
(b) includes a part of such a lake, pond or lagoon.
law of a referring State means a law of, or in force in, a referring State but does not include a law of the Commonwealth in force in the referring State.
law of a State means a law of, or in force in, a State but does not include a law of the Commonwealth in force in the State.
Living Murray Initiative has the meaning given by subsection 18H(2).
Living Murray Initiative assets has the meaning given by subsection 239E(2).
Lock 1 means Weir and Lock No 1 Blanchetown referred to in Schedule A to the Agreement.
long‑term annual diversion limit has the meaning given by item 7 of the table in subsection 22(1).
long‑term average sustainable diversion limit has the meaning given by item 6 of the table in subsection 22(1).
Lower Lakes means Lake Albert and Lake Alexandrina in South Australia.
maintenance includes the execution of all work of any description which is necessary to keep an existing work in the state of utility in which it was upon its original completion or upon the completion of any improvement or replacement of the work. However, it does not include:
(a) the execution of any improvement to the design or function of that work; or
(b) the replacement of the whole of that work; or
(c) work to remedy the extraordinary failure of all or part of that work.
measures includes strategies, plans and programs.
member of the governing body of a relevant interest group has the meaning given by subsection 178(4).
modifications includes additions, omissions and substitutions.
monitoring warrant means a warrant issued by a magistrate under section 225.
Murray‑Darling Basin has the meaning given by section 18A.
Murray‑Darling Basin Commission has the meaning given by section 239A.
Murray‑Darling Basin Ministerial Council has the meaning given by section 18A.
Murray‑Darling Basin Special Account means the fund mentioned in section 209.
Murray Mouth Barrages means the Murray Mouth Barrages referred to in Schedule A to the Agreement.
National Water Commission means the National Water Commission that was established by section 6 of the National Water Commission Act 2004.
Note: The National Water Commission was abolished by the National Water Commission (Abolition) Act 2015.
National Water Information Standards means the standards issued under section 130.
National Water Initiative means the Intergovernmental Agreement on a National Water Initiative between the Commonwealth of Australia and the Governments of New South Wales, Victoria, Queensland, South Australia, Western Australia, Tasmania, the Australian Capital Territory and the Northern Territory (as amended from time to time).
Natural Resource Management Ministerial Council means the Natural Resource Management Ministerial Council that was established by Council of Australian Governments in June 2001.
non‑Basin water access entitlement has the meaning given by subsection 100C(5).
notifiable instrument has the same meaning as in the Legislation Act 2003.