(b) a long‑term average sustainable diversion limit that is produced after the adjustment proposed by the Authority under paragraph (1)(a) or (b) has been taken into account must reflect an environmentally sustainable level of take.
Note: A proposed adjustment may be adopted by the Minister as an amendment of the Basin Plan under subsection 23B(6).
Limit on proposed adjustments
(4) One or more adjustments may be proposed by the Authority under paragraph (1)(a), and an adjustment may be proposed under paragraph (1)(b) as a result of those adjustments, only if the total Basin adjustment percentage is no more than 5%.
Definitions
(5) In this Act:
Basin reference limit means the long‑term average sustainable diversion limit for the Basin water resources that applies at the reference time.
proposed Basin limit means the long‑term average sustainable diversion limit for the Basin water resources:
(a) that is produced after the adjustment proposed by the Authority under paragraph (1)(b) has been taken into account; and
(b) that replaces the previous long‑term average sustainable diversion limit for the Basin water resources.
proposed plan area limit means the long‑term average sustainable diversion limit for the water resources of a particular water resource plan area (or a particular part of those water resources):
(a) that is produced after the adjustment proposed by the Authority under paragraph (1)(a) has been taken into account; and
(b) that replaces the previous long‑term average sustainable diversion limit for those water resources (or the particular part of those water resources).
reference time means:
(a) unless paragraph (b) or (c) applies—the time the Basin Plan first takes effect; or
(b) if, as a result of the most recent review of the Basin Plan under Subdivision G, an amendment of any one or more long‑term average sustainable diversion limits is adopted—the time when the amendment or amendments take effect; or
(c) if, after the most recent review of the Basin Plan under Subdivision G, the Authority advises the Minister, when giving a report of the results of the review to the Minister under subsection 50(5), that the Authority has decided not to prepare any amendment of any long‑term average sustainable diversion limit—the time when the report is given to the Minister.
total Basin adjustment percentage, in relation to one or more adjustments proposed under paragraph (1)(a), is the amount of the difference between:
(a) the proposed Basin limit that is proposed as a result of those adjustments; and
(b) the Basin reference limit;
expressed as a percentage of the Basin reference limit.
(6) If the amount of the difference between the limits in paragraphs (a) and (b) of the definition of total Basin adjustment percentage in subsection (5) is negative, express that amount as a positive amount.
23B Adopting proposed adjustments as amendments of Basin Plan
(1) This section applies if the Authority proposes one or more adjustments of the long‑term average sustainable diversion limits for the water resources of particular water resource plan areas (or particular parts of those water resources) under paragraph 23A(1)(a).
(2) For each water resource plan area (or each part) for which an adjustment is proposed, the Authority must include the following information in a notice:
(a) the long‑term average sustainable diversion limit, for the water resources of the plan area (or the particular part of those water resources), that applied at the reference time;
(b) the proposed plan area limit;
(c) the amount of the difference between the limits referred to in paragraphs (a) and (b) of this subsection, expressed as a percentage of the amount of the limit referred to in paragraph (a);
(d) if, on one or more occasions since the reference time, adjustments of the long‑term average sustainable diversion limit for the water resources of that plan area (or the particular part of those water resources) have been adopted as amendments by the Minister under subsection (6)—the limit as so adjusted;
(e) an outline of the material on which the Authority based its decision in determining that the criteria referred to in paragraph 23A(2)(a) had been met in relation to the adjustment and the amount of the adjustment.
(3) A notice made under subsection (2) must also include:
(a) the proposed Basin limit that is proposed as a result of the proposed adjustments referred to in subsection (1); and
(b) the total Basin adjustment percentage; and
(c) an outline of the material on which the Authority based its decision in determining that the criteria referred to in paragraph 23A(2)(a) had been met in relation to the adjustment, and the amount of the adjustment, of the long‑term average sustainable diversion limit for the Basin water resources.
(4) The Authority must also prepare an amendment of the Basin Plan that sets out each proposed plan area limit, and the proposed Basin limit, that is included in the notice.
Note: The amendment is a legislative instrument (see section 33).
(5) The Authority must:
(a) give the notice made under subsection (2) to the Minister; and
(b) give the amendment of the Basin Plan prepared under subsection (4) to the Minister for adoption.
(6) As soon as practicable after receiving the amendment, the Minister must:
(a) consider the amendment; and
(b) either:
(i) adopt, in writing, the amendment; or
(ii) give the Authority notice, in writing, that the Minister has decided not to adopt the amendment.
Note: If a long‑term average sustainable diversion limit for the water resources of a particular water resource plan area (or a particular part of those water resources) is amended, the long‑term annual diversion limit for those water resources is also amended (see table item 7 of the table in subsection 22(1)).
(7) The notice made under subsection (2):
(a) must accompany the amendment when the amendment is laid before a House of the Parliament under section 38 of the Legislation Act 2003; and
(b) is not a legislative instrument.
(8) If the long‑term average sustainable diversion limit for an SDL resource unit is amended by a provision of Schedule 2 to the Water Amendment (Restoring Our Rivers) Act 2023 the amendment is taken, for the purposes of this Act and the Basin Plan, to be as a result of an amendment under this section.
24 Temporary diversion provision
(1) The purpose of a temporary diversion provision for the water resources of a water resource plan area (or for a particular part of those water resources) is to provide for a transition period to minimise social and economic impacts when the long‑term average sustainable diversion limit for those water resources (or that part of those resources) is lower than the long‑term average quantity of water that has in fact been being taken from those water resources (or that part of those water resources).
(2) The temporary diversion provision for the water resources of a water resource plan area (or for a particular part of those water resources) may be specified:
(a) as a particular quantity of water per year; or
(b) as a formula or other method that may be used to calculate a quantity of water per year; or
(c) in any other way that the Authority determines to be appropriate.
(3) The temporary diversion provision for the water resources of a water resource plan area (or for a particular part of those water resources) may be zero.
(4) The temporary diversion provision for the water resources of a water resource plan area (or for a particular part of those water resources) may be different for different years.
(5) The temporary diversion provision for the water resources of a water resource plan area (or for a particular part of those water resources) that is not zero must reduce to zero by the end of the period of 5 years starting at the beginning of the first year for which a temporary diversion provision that is not zero has effect.
(6) A fresh determination of a temporary diversion provision that is not zero must not be made in relation to the water resources of a water resource plan area (or a particular part of those water resources) unless the long‑term average sustainable diversion limit for those water resources (or that part of those water resources) is reduced by more than 5%.
(7) If a fresh determination of a temporary diversion provision that is not zero is made under subsection (6) for:
(a) the water resources of a water resource plan area; or
(b) a particular part of those water resources;
the temporary diversion provision for those water resources (or that part of those water resources) must reduce to zero by the end of the period of 5 years starting at the beginning of the first year to which the new long‑term average sustainable diversion limit for those water resources (or that part of those water resources) has effect.
25 Water quality and salinity management plan
(1) The water quality and salinity management plan must:
(a) identify the key causes of water quality degradation in the Murray‑Darling Basin; and
(b) include water quality and salinity objectives and targets for the Basin water resources.
(2) Without limiting paragraph (1)(b), a salinity target referred to in that paragraph:
(a) may specify the place at which the target is to be measured; and
(b) may specify a target in terms of a particular level of salinity being met for a particular percentage of time.
(3) In exercising their powers and performing their functions under this Division in relation to the water quality and salinity management plan, the Authority and the Minister must have regard to the National Water Quality Management Strategy endorsed by the Natural Resource Management Ministerial Council.
Note: A copy of the National Water Quality Management Strategy may be found on the Department’s website.
26 Water trading and transfer rules
(1) The provisions included in the Basin Plan under item 12 of the table in subsection 22(1) (the water trading rules) may deal with the following matters:
(a) the rules governing the trading or transfer of tradeable water rights;
(b) the terms on which tradeable water rights are traded or transferred;
(c) the processes by which tradeable water rights are traded or transferred;
(d) the imposition or removal of restrictions on, and barriers to, the trading or transfer of tradeable water rights;
(e) restrictions on taking or using water from a water resource as a result of the trading or transfer of tradeable water rights in relation to that water resource;
(f) the manner in which particular kinds of trading or transfer of tradeable water rights is conducted;
(g) the specification of areas within which particular tradeable water rights may be traded or transferred;
(h) the availability of information to enable the trading or transfer of tradeable water rights;
(i) the reporting of the trading or transfer of tradeable water rights;
(j) any matter that was dealt with in:
(i) Schedule E to the former MDB Agreement (other than paragraph 15(3)(c) of that Schedule); or
(ii) the Protocols to the former MDB Agreement made under Schedule E to the former MDB Agreement (other than the Protocol on Access and Exit Fees).
(2) Without limiting paragraph (1)(d), the water trading rules may:
(a) prohibit some types of restrictions on, or barriers to, the trading or transfer of tradeable water rights; and
(b) impose or allow other types of restrictions on, or barriers to, the trading or transfer of tradeable water rights.
(3) Without limiting paragraph (1)(h) or (i), the water trading rules may provide for the use of registers to provide information about the trading or transfer of tradeable water rights.
(4) Without limiting subsection (1), particular water trading rules may be limited to one or more of the following:
(a) particular kinds of trading or transfer (for example, exchange rate trade or tagged trade); or
(b) the trading or transfer of particular kinds of tradeable water rights; or
(c) the trading or transfer of tradeable water rights in relation to particular water resources.
(5) Without limiting subsection (1), the water trading rules may provide that a person who suffers loss or damage as a result of conduct of another person that contravenes the water trading rules may recover the amount of the loss or damage by action against that other person or against any person involved in the contravention.
27 Basin Plan to be published on Authority’s website
(1) The Authority must publish on its website a copy of the Basin Plan that is in effect.
(2) The Basin Plan published under subsection (1) is to be the Plan as amended from time to time.
(3) If the Basin Plan is amended, the Authority must also publish on its website a copy of the Basin Plan as in force immediately before the amendment and indicate on the website the period for which that version of the Basin Plan was in force.
Subdivision C—Environmental management
28 Environmental watering plan
(1) The purposes of the environmental watering plan are:
(a) to safeguard existing environmental water; and
(b) to plan for the recovery of additional environmental water; and
(c) to coordinate the management of:
(i) existing environmental water; and
(ii) the additional environmental water that is recovered;
in order to:
(d) protect and restore the wetlands and other environmental assets of the Murray‑Darling Basin; and
(e) protect biodiversity dependent on the Basin water resources and achieve other environmental outcomes for the Murray‑Darling Basin.
(2) The environmental watering plan must specify:
(a) the overall environmental objectives for the water‑dependent ecosystems of the Murray‑Darling Basin; and
(b) targets by which to measure progress towards achieving the environmental objectives specified in accordance with paragraph (a); and
(c) an environmental management framework for planned environmental water and held environmental water; and
(d) the methods to be used to identify environmental assets in the Murray‑Darling Basin that will require environmental watering; and
(e) the principles to be applied, and methods to be used, to determine the priorities for applying environmental water (including applying that water to environmental assets that are identified using the methods specified under paragraph (d)); and
(f) the principles to be applied in environmental watering.
(3) Without limiting paragraph (2)(b), the environmental watering plan may specify targets for one or more of the following:
(a) water resource health;
(b) water flows;
(c) water pressure;
(d) water levels.
The targets may relate to the Basin water resources as a whole or to particular Basin water resources.
(4) In preparing the environmental watering plan, the Authority must have regard to any other programs for water recovery and environmental watering in the Murray‑Darling Basin.
29 Authority to consult holders and managers of environmental water in implementing environmental watering plan
The Authority must, in implementing the environmental watering plan, consult:
(a) holders of held environmental water; and
(b) owners of environmental assets; and
(c) managers of planned environmental water;
in order to develop periodic environmental watering schedules.
30 Environmental watering schedules
(1) An environmental watering schedule developed for the purposes of the environmental watering plan must identify environmental watering priorities for that schedule.
(2) The priorities must be consistent with the environmental watering plan.
31 Authority to coordinate delivery of environmental water
The Authority may coordinate the delivery of environmental water in accordance with the environmental watering schedules developed for the purposes of the environmental watering plan.
32 Authority to identify and account for held environmental water
The Authority must identify and account for held environmental water in the Murray‑Darling Basin for each financial year.
Subdivision D—Effect of Basin Plan
33 Basin Plan is a legislative instrument
(1) The Basin Plan:
(a) is a legislative instrument; and
(b) is taken to be made by the Minister on the day on which the Minister adopts the Basin Plan under section 44.
(2) An amendment of the Basin Plan adopted by the Minister under subsection 23B(6) or section 48 or 49AA:
(a) is a legislative instrument; and
(b) is taken to be made by the Minister on the day on which the Minister adopts the amendment under that subsection or section.
(3) An amendment of the Basin Plan by the Authority under regulations made for the purposes of section 49 is a legislative instrument.
34 Effect of Basin Plan on Authority and other agencies of the Commonwealth
(1) The Authority, and the other agencies of the Commonwealth, must perform their functions, and exercise their powers, consistently with, and in a manner that gives effect to, the Basin Plan.
(1A) Subsection (1) does not apply in relation to any of the matters included or specified in the Basin Plan under Part 2A (Critical human water needs).
Note: For the effect of the Basin Plan on the Authority and other agencies of the Commonwealth in relation to these matters, see section 86G.
(2) To avoid doubt, subsection (1) does not apply to the Authority’s or the Minister’s functions and powers under this Division.
(3) Subsection (1) has effect subject to regulations made for the purposes of section 38.
35 Effect of Basin Plan on other agencies and persons
(1) The Basin Officials Committee, an agency of a Basin State, an operating authority, an infrastructure operator or the holder of a water access right must not:
(a) do an act in relation to Basin water resources if the act is inconsistent with the Basin Plan; or
(b) fail to do an act in relation to Basin water resources if the failure to do that act is inconsistent with the Basin Plan.