(b) allow at least 8 weeks from the start of the consultation period for submissions to be made to the Authority on the proposed amendment.
(5) The invitation under paragraph (4)(a) must be published:
(a) in the Gazette; and
(b) in a newspaper circulating generally in each Basin State; and
(c) on the Authority’s website.
The consultation period starts when the invitation is published in the Gazette.
(6) The invitation under paragraph (4)(a) must:
(a) specify how a person may obtain a copy of the proposed amendment (and the summary); and
(b) specify a physical address, and an email address, to which a person may send submissions on the proposed amendment to the Authority; and
(c) specify the date by which submissions must be received by the Authority; and
(d) indicate that submissions that a person makes to the Authority on the proposed amendment will be published on the Authority’s website unless the person specifically requests the Authority to treat the submissions (or a particular part of the submissions) confidentially.
(7) The Authority must make the proposed amendment of the Basin Plan (and the summary) available on its website.
(8) The Authority must publish on its website the submissions it receives on the proposed amendment of the Basin Plan in response to the invitations issued under subsections (3) and (4).
(9) Subsection (8) does not apply to the submissions (or a part of the submissions) that a person makes to the Authority if the person requests the Authority to treat the submissions (or that part of the submissions) confidentially.
Note: See paragraph (6)(d).
(10) The Authority:
(a) must consider any submissions it receives in response to the invitations issued under subsections (3) and (4); and
(b) may alter the amendment of the Basin Plan as a result of its consideration of those submissions.
(11) The Authority must:
(a) prepare a document that gives a broad outline of any changes that the Authority makes to the proposed amendment of the Basin Plan after the start of the consultation period; and
(c) publish a copy of the document on its website.
47A Authority to seek comments from Murray‑Darling Basin Ministerial Council on proposed amendment of Basin Plan
(1) This section applies once the Authority has complied with section 47 in relation to a proposed amendment of the Basin Plan.
(2) Without limiting subsection 46(1), the Authority must give each member of the Murray‑Darling Basin Ministerial Council a copy of the proposed amendment of the Basin Plan (incorporating any alterations it has made under paragraph 47(10)(b)).
(3) The Murray‑Darling Basin Ministerial Council must, within 6 weeks after the Authority complied with subsection (2), give the Authority a written notice:
(a) stating that neither the Murray‑Darling Basin Ministerial Council nor any of its members have any comments on the proposed amendment; or
(b) stating that the Murray‑Darling Basin Ministerial Council, or one or more of its members, disagrees with one or both of the following:
(i) the long‑term average sustainable diversion limits proposed in the proposed amendment;
(ii) any other aspect of the proposed amendment in relation to which the Minister may give a direction under subparagraph 48(3)(b)(ii);
and specifying the nature of the disagreement.
Note: Subsection 48(5) specifies matters in relation to which the Minister must not give a direction.
(4) If the Murray‑Darling Basin Ministerial Council does not give the Authority such a notice within that period of 6 weeks, the Murray‑Darling Basin Ministerial Council and its members are taken not to have any comments on the proposed amendment.
(5) If the Murray‑Darling Basin Ministerial Council gives the Authority a notice that states under paragraph (3)(b) matters with which the Murray‑Darling Basin Ministerial Council, or one or more of its members, disagrees, the Authority must:
(a) consider the matters; and
(b) undertake such consultations in relation to the matters as the Authority considers necessary or appropriate; and
(c) either:
(i) confirm the proposed amendment, and give each member of the Murray‑Darling Basin Ministerial Council a copy of the unaltered proposed amendment, together with the Authority’s views on the matters; or
(ii) alter the proposed amendment, and give each member of the Murray‑Darling Basin Ministerial Council a copy of the altered proposed amendment, together with the Authority’s views on the matters; and
(d) prepare a document that summarises:
(i) any submissions it received in response to the consultations referred to in paragraph (b); and
(ii) how it addressed those submissions; and
(iii) the extent (if any) to which its consideration of those submissions has affected the version of the Plan, or the views, given to the members of the Murray‑Darling Basin Ministerial Council under paragraph (c); and
(e) publish on its website a copy of the document prepared under paragraph (d).
(6) The Murray‑Darling Basin Ministerial Council must, within 3 weeks after the Authority complied with paragraph (5)(c), give the Minister a written notice:
(a) stating that neither the Murray‑Darling Basin Ministerial Council nor any of its members express any further views on the proposed amendment; or
(b) setting out the views of the Murray‑Darling Basin Ministerial Council, or one or more of its members, on one or both of the following:
(i) the long‑term average sustainable diversion limits proposed in the proposed amendment;
(ii) any other aspect of the proposed Basin Plan in relation to which the Minister may give a direction under subparagraph 48(3)(b)(ii).
Note: Subsection 48(5) specifies matters in relation to which the Minister must not give a direction.
(7) If the Murray‑Darling Basin Ministerial Council does not give the Minister such a notice within that period of 3 weeks, the Murray‑Darling Basin Ministerial Council and its members are taken not to express any further views on the proposed amendment.
48 Minister may adopt amendment of Basin Plan
(1) Within 12 weeks after the Authority gives the Minister an amendment of the Basin Plan, the Minister must:
(a) consider the amendment; and
(b) either:
(i) adopt, in writing, the amendment; or
(ii) give the amendment back to the Authority with suggestions for consideration by the Authority.
(2) If the Minister gives the amendment back to the Authority with suggestions, the Authority must:
(a) consider the suggestions; and
(b) undertake such consultations in relation to the suggestions as the Authority considers necessary or appropriate; and
(c) give the Minister either:
(i) an identical version of the amendment; or
(ii) an altered version of the amendment;
together with the Authority’s views on the Minister’s suggestions.
(3) As soon as practicable after the Authority gives the Minister a version of the amendment under subsection (2), the Minister:
(a) must consider that version of the amendment and the views given to the Minister under subsection (2); and
(b) must either:
(i) adopt, in writing, that version of the amendment; or
(ii) direct the Authority, in writing, to make modifications to that version of the amendment and give it to the Minister for adoption.
(4) A direction under subparagraph (3)(b)(ii) is not a legislative instrument.
(5) The Minister must not give a direction under subparagraph (3)(b)(ii) in relation to:
(a) any aspect of the Basin Plan that is of a factual or scientific nature; or
(b) without limiting paragraph (a), any of the matters referred to in:
(i) items 1, 2, 3 or 8 of the table in subsection 22(1); or
(ii) subsection 75(1).
(5A) To avoid doubt, subsections 47A(4) and (7) do not affect the Minister’s power to give suggestions or directions to the Authority under this section.
(6) If the Minister gives a direction under subparagraph (3)(b)(ii):
(a) the Authority must comply with the direction; and
(b) the Minister must adopt, in writing, the amendment given to the Minister in compliance with the direction.
(7) When the amendment is laid before a House of the Parliament under the Legislation Act 2003, the Minister must also lay before that House a document that sets out:
(a) any direction the Minister gave under subparagraph (3)(b)(ii) in relation to the amendment; and
(b) the Minister’s reasons for giving that direction.
(8) If any part of the amendment was prepared by the Authority because, after having reviewed the Basin Plan under section 50, the Authority was satisfied that the Basin Plan should be amended (see section 52), the Minister must, by notifiable instrument, determine that the amendment affects water resource plan accreditations.
Note: Broadly, the accreditation of a water resource plan ceases to have effect 3 years after an amendment that affects water resource plan accreditations comes into effect (see subsection 64(1)).
49 Minor or non‑substantive amendments of Basin Plan
(1) Despite the other provisions of this Division, the regulations may:
(a) provide that the Authority may make a specified kind of minor, or non‑substantive, amendment of the Basin Plan; and
(b) provide for the process of making those amendments.
(2) To avoid doubt, sections 46, 47 and 48 do not apply to amendments of the Basin Plan made in accordance with the regulations made for the purposes of subsection (1).
49AA Amendment of the Basin Plan that is the same in effect as an amendment that has been disallowed
(1) The Minister may direct the Authority, in writing, to prepare an amendment of the Basin Plan if:
(a) the amendment will be the same in effect as an earlier amendment of the Basin Plan (the earlier amendment) that:
(i) has been disallowed (or is taken to have been disallowed) under subsection 42(1) or (2) of the Legislation Act 2003; and
(ii) was prepared under this Subdivision (other than this section); and
(b) the direction is given within the period of 12 months beginning on the day that the earlier amendment is disallowed (or is taken to have been disallowed); and
(c) in the case that an earlier direction has been given under this subsection in relation to the earlier amendment—the amendment prepared in response to that earlier direction was not adopted by the Minister.
(2) The Authority must comply with a direction under subsection (1) by preparing the amendment, and giving it to the Minister for adoption, as soon as practicable.
(3) As soon as practicable after receiving the amendment, the Minister must either:
(a) adopt, in writing, the amendment; or
(b) give the Authority notice, in writing, that the Minister has decided not to adopt the amendment.
(4) Sections 46 to 48 do not apply to an amendment of the Basin Plan that is to be prepared, or is prepared or adopted, in accordance with this section.
(5) A direction under subsection (1) is a legislative instrument, but neither section 42 (disallowance) nor Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 applies to the direction.
(6) For the purposes of (and without limiting) this section, including in the amendment one or more of the following changes does not prevent the amendment from being the same in effect as the earlier amendment:
(a) a change that is required because another amendment of the Basin Plan has commenced after the commencement of the earlier amendment;
(b) a change that is required because a requirement under the Basin Plan has already occurred, or been met, after the commencement of the earlier amendment;
(c) a change that causes the amendment to commence later than the earlier amendment.
Note: There are other kinds of changes that also do not prevent the amendment from being the same in effect as the earlier amendment. For example, minor or non‑substantive amendments of the kind specified for the purposes of paragraph 49(1)(a).
Subdivision G—Review of Basin Plan
49A Authority to advise Murray‑Darling Basin Ministerial Council on impacts of Basin Plan
(1) The Authority must, before the end of 2020, give advice to the Murray‑Darling Basin Ministerial Council on the impacts of the Basin Plan.
(2) The Authority must make a copy of the advice available on the Authority’s website.
50 Review of Basin Plan—general
Regular 10 yearly reviews
(1) The Authority must:
(a) review the Basin Plan during 2026 if the Authority has not reviewed the Basin Plan under subsection (2), and given the Minister a report of that review, before the start of that year; and
(b) review the Basin Plan during the tenth year of the period (the post‑report period) that starts when the Authority gives the Minister a report of a review of the Basin Plan under paragraph (5)(b) if the Authority has not reviewed the Basin Plan under subsection (2), and given the Minister a report of that review, after the start of the post‑report period and before the start of that year.
Review requested by Minister or Basin States
(2) The Authority must review the Basin Plan if:
(a) the Minister requests the Authority to do so; or
(b) all of the Basin States request the Authority to do so.
(3) The Minister or a Basin State may make a request under subsection (2) only if satisfied that:
(a) the outcomes specified for the Basin Plan are not being achieved; or
(b) the objectives specified for the Basin Plan are no longer appropriate for Basin water resources or for one or more water resource plan areas.
(4) A request under subsection (2) must not be made within the first 5 years after the Basin Plan first takes effect or within 5 years after the Authority gives the Minister the report of the most recent review of the Basin Plan.
Reviews to consider certain matters
(4A) In reviewing the Basin Plan under subsection (1) or (2), the Authority must consider the following matters and report on them in the report prepared under paragraph (5)(a):
(a) matters relevant to Indigenous people in relation to the management of Basin water resources including, but not limited to, the extent to which Basin water resources could be managed so as to improve the spiritual, environmental, cultural, social and economic conditions of Indigenous people;
(b) the extent to which the Basin Plan, including requirements relating to water resource plans:
(i) recognises and protects the interests of Indigenous people; and
(ii) supports opportunities for Indigenous people to participate in determining and developing priorities and strategies for the development or use of Basin water resources, including opportunities for participation that incorporates free, prior and informed consent;
(c) the management of climate change risks.
Report of review
(5) The Authority must:
(a) prepare a report of the results of the review under subsection (1) or (2); and
(b) give the report to the Minister; and
(c) give a copy of the report to the relevant State Minister for each Basin State; and
(d) make a copy of the report available on the Authority’s website.
(6) Subsection (5) must be complied with in relation to a review under subsection (1) before the end of the year during which the review is conducted.
51 Authority to prepare discussion paper and seek submissions
(1) This section applies if the Authority undertakes a review of the Basin Plan.
(2) The Authority must consult with:
(a) the Basin States; and
(b) the Basin Officials Committee; and
(c) the Basin Community Committee;
in preparing a discussion paper in relation to the review.
(3) In preparing the discussion paper, the Authority may undertake such other consultation as it considers appropriate.
(4) Without limiting subsection (3), the discussion paper must set out the issues to be addressed in the review.
(5) The Authority must make the discussion paper available on its website.
(6) The Authority must:
(a) give a copy of the discussion paper to the relevant State Minister for each of the Basin States; and
(b) invite the Basin State to make submissions to the Authority on the review; and
(c) allow the Basin State at least 12 weeks from when the invitation is given to make submissions to the Authority on the review.
(7) The Authority must:
(a) publish an invitation to members of the public to make submissions to the Authority on the review; and
(b) allow at least 12 weeks from the start of the consultation period for submissions to be made to the Authority on the review.
(8) The invitation under paragraph (7)(a) must be published:
(a) in the Gazette; and
(b) in a newspaper circulating generally in each Basin State; and
(c) on the Authority’s website.
The consultation period starts when the invitation is published in the Gazette.
(9) The invitation under paragraph (7)(a) must:
(a) specify how a person may obtain a copy of the discussion paper; and
(b) specify a physical address, and an email address, to which a person may send submissions on the review to the Authority; and
(c) specify the date by which submissions must be received by the Authority; and
(d) indicate that submissions that a person makes to the Authority on the review will be published on the Authority’s website unless the person specifically requests the Authority to treat the submissions (or a particular part of the submissions) confidentially.
(11) The Authority must publish on its website the submissions it receives on the review in response to the invitations issued under subsections (6) and (7).
(12) Subsection (11) does not apply to the submissions (or a part of the submissions) that a person makes to the Authority if the person requests the Authority to treat the submissions (or that part of the submissions) confidentially.
Note: See paragraph (9)(d).
(13) The Authority must consider any submissions it receives in response to the invitations issued under subsections (6) and (7).