If, after having reviewed the Basin Plan under section 50, the Authority is satisfied that the Basin Plan should be amended, the Authority may, under section 45, prepare an amendment of the Basin Plan and give it to the Minister for adoption.
Note 1: Subdivision F applies to the preparation and making of the amendment of the Basin Plan.
Note 2: An amendment of the Basin Plan prepared as mentioned in this section will be an amendment that affects water resource plan accreditations (see subsection 48(8)). Broadly, the accreditation of a water resource plan ceases to have effect 3 years after such an amendment comes into effect (see subsection 64(1)).
Subdivision H—Annual analysis of Basin Plan’s effectiveness
52A Annual analysis of Basin Plan’s effectiveness
(1) The Authority must, after the end of each financial year, cause an analysis of the Basin Plan’s effectiveness to be conducted.
(2) The Authority must prepare and give to the Minister a written report of the analysis within 6 months after the end of the financial year.
(3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.
(4) A copy of the report must also be given to each other member of the Murray‑Darling Basin Ministerial Council.
Division 2—Water resource plans for particular water resource plan areas
Subdivision A—Introduction
53 Simplified outline
(1) This section sets out a simplified outline of this Division.
(2) There is to be a water resource plan for each water resource plan area.
(3) The Minister may accredit a water resource plan that is prepared by a Basin State for the water resource plan area.
(4) Alternatively, the Minister may adopt a water resource plan that is prepared by the Authority for the water resource plan area.
Note: Division 3 provides for the special procedures to be followed if the Minister is to exercise the power referred to in this subsection.
Subdivision B—Water resource plans
54 Water resource plans for water resource plan areas
(1) There is to be a water resource plan for each water resource plan area.
Note: The water resource plan areas are identified in the Basin Plan (see item 2 of the table in subsection 22(1)).
(2) The water resource plan must be either:
(a) one that the Minister accredits under section 63; or
(b) one that the Minister adopts under section 69.
(3) A water resource plan that the Minister accredits under section 63:
(a) does not take effect for the purposes of this Act before the Minister accredits the plan under that section; and
(b) ceases to have effect for the purposes of this Act if the Minister adopts a water resource plan for the water resource plan area under section 69.
55 Content of water resource plan
(1) A water resource plan for a water resource plan area must provide for the management of the water resources of the water resource plan area.
(2) The water resource plan must be consistent with the relevant Basin Plan, including:
(a) the requirements for water resource plans; and
(b) any long‑term annual diversion limit for the water resources of the water resource plan area (or for a particular part of those water resources).
The relevant Basin Plan for the water resource plan is the version of the Basin Plan that the Minister applies in relation to the water resource plan under subsection 56(2).
(3) In determining whether the water resource plan is consistent with the relevant Basin Plan, regard must be had to the legislative framework within which the water resource plan operates.
56 General basis for accrediting and making water resource plans
Matters to which Authority and Minister are to have regard
(1) In exercising their powers, and performing their functions, under this Division in relation to a water resource plan for a water resource plan area, the Authority and the Minister must have regard to:
(a) the Basin Plan; and
(b) the extent to which the water resource plan is consistent with the Basin Plan.
Version of Basin Plan to be applied—general
(2) For the purposes of applying subsection (1) to the exercise of a particular power, or the performance of a particular function, the Basin Plan that is to be applied is (subject to subsection (2A)) the Basin Plan as in effect when the power is exercised or the function is performed.
Version of Basin Plan to be applied—accrediting water resource plans prepared by Basin States
(2A) If the exercise of the power, or the performance of the function, is in relation to a proposed water resource plan for a water resource plan area that is:
(a) given to the Minister under Subdivision D (accrediting water resource plans prepared by Basin States); and
(b) covered by an item in the following table;
the Basin Plan that is to be applied is worked out in accordance with that item.
Version of Basin Plan to be applied for proposed water resource plans given under Subdivision D
Item If … the Basin Plan to be applied is …
1 the proposed water resource plan is given to the Minister under subsection 63(3) before the report of the first review of the Basin Plan is given to the Minister under paragraph 50(5)(b) the Basin Plan as in effect 2 years before the proposed water resource plan is given under that subsection, unless the proposed water resource plan is covered by item 4.
2 both of the following apply:(a) the proposed water resource plan is given to the Minister under subsection 63(3) after the report of the first review of the Basin Plan is given to the Minister under paragraph 50(5)(b);(b) an amendment of the Basin Plan that affects water resource plan accreditations came into effect within 3 years before the proposed water resource plan is so given the Basin Plan as in effect immediately after that amendment came into effect, unless the proposed water resource plan is covered by item 4.
3 all of the following apply:(a) the proposed water resource plan is given to the Minister under subsection 63(3) after the report of the first review of the Basin Plan is given to the Minister under paragraph 50(5)(b);(b) the most recent report was given under that paragraph within 3 years before the giving of the proposed water resource plan under that subsection;(c) an amendment of the Basin Plan that affects water resource plan accreditations did not come into effect during that 3 year period the Basin Plan as in effect immediately before the most recent report was given under that paragraph, unless the proposed water resource plan is covered by item 4.
4 all of the following apply:(a) the Basin State when giving the proposed water resource plan under subsection 63(3) also gives the Authority a written notice nominating a version of the Basin Plan as in effect at a specified time to be applied;(b) the nominated version is not an earlier version of the Basin Plan than that which would otherwise have been applied under item 1, 2 or 3;(c) the nominated version is not a later version of the Basin Plan than that which would otherwise have been applied under subsection (2) of this section the nominated version of the Basin Plan.
Minister to have regard to Authority’s advice
(3) In exercising a power, or performing a function, under this Division in relation to a water resource plan for a water resource plan area, the Minister must have regard to the advice that the Authority gives the Minister in relation to the exercise of that power or the performance of that function.
Subdivision C—Effect of a water resource plan
57 Water resource plan adopted under section 69 is a legislative instrument
A water resource plan adopted under section 69:
(a) is a legislative instrument; and
(b) is taken to be made by the Minister on the day on which the Minister adopts the plan under section 69.
58 Effect of water resource plan on Authority and other agencies of the Commonwealth
(1) The Authority, and any other agency of the Commonwealth, must perform its functions, and exercise its powers, consistently with, and in a manner that gives effect to, a water resource plan for a water resource plan area.
(2) To avoid doubt, subsection (1) does not apply to the Authority’s or the Minister’s functions and powers under this Division or under Division 1.
(3) Subsection (1) has effect subject to regulations made for the purposes of section 62.
59 Effect of water resource plan on other agencies and bodies
(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 water resources of a water resource plan area if the act is inconsistent with the water resource plan for the area; or
(b) fail to do an act in relation to water resources of a water resource plan area if the failure to do that act is inconsistent with the water resource plan for the area.
(2) Subsection (1) applies to an act of an agency of a Basin State only if the act is one that relates to the use or management of the Basin water resources.
(3) Subsection (1) has effect subject to regulations made for the purposes of section 62.
60 Constitutional operation of section 59 (general)
(1) Section 59 imposes an obligation to the extent to which imposing the obligation gives effect to a relevant international agreement.
(2) Section 59 imposes an obligation to the extent to which the obligation is imposed:
(a) on a constitutional corporation; or
(b) in relation to conduct that affects the activities of a constitutional corporation.
(3) Section 59 imposes an obligation to the extent to which the obligation is imposed in relation to conduct that takes place in the course of trade or commerce:
(a) with other countries; or
(b) among the States; or
(c) between a State and a Territory.
Note: This subsection is of particular relevance to the provisions of the water resource plan that deal with the trading or transfer of tradeable water rights.
(4) Section 59 imposes an obligation to the extent to which the obligation is imposed in relation to conduct that takes place in a Territory.
(6) Subsections (1), (2), (3) and (4):
(a) have effect independently of each other; and
(b) do not limit section 61; and
(c) do not limit the operation (if any) that section 59 validly has apart from this section.
(7) In this section:
conduct includes an act or omission.
61 Constitutional operation of section 59 (water trading rules)
(1) This section deals with the provisions of a water resource plan to the extent to which they deal with the trading or transfer of a tradeable water right in relation to Basin water resources.
(2) Section 59 imposes obligations in relation to the provisions if at least one of the parties to the trading or the transfer is a constitutional corporation.
(3) Section 59 imposes obligations in relation to the provisions if the trading or transfer takes place in the course of trade and commerce:
(a) between the States; or
(b) between a State and a Territory.
(4) Section 59 imposes obligations in relation to the provisions if:
(a) the trading or transfer takes place in a Territory; or
(b) the trading or transfer relates to tradeable water rights in relation to a water resource in a Territory.
(5) Section 59 imposes obligations in relation to the provisions if at least one element of the trading or transfer takes place using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution).
(7) Subsections (2), (3), (4) and (5):
(a) have effect independently of each other; and
(b) do not limit section 60; and
(c) do not limit the operation (if any) that section 59 validly has apart from this section.
62 Regulations may provide for exceptions
(1) Without limiting section 250E, the regulations may provide that subsections 58(1) and 59(1) do not apply to the activities specified in the regulations.
(2) Without limiting subsection (1), the regulations:
(a) may provide that subsections 58(1) and 59(1) do not apply to a particular activity only if the conditions specified in the regulations are satisfied; and
(b) may provide that subsections 58(1) and 59(1) do not apply to a particular activity only for the period specified in the regulations.
Subdivision D—Accrediting water resource plans prepared by Basin States
63 Accrediting water resource plans prepared by Basin States
(1) A Basin State may:
(a) give the Authority a proposed water resource plan for a water resource plan area that is located within the Basin State; and
(b) ask the Authority to give the proposed water resource plan to the Minister for accreditation.
The proposed water resource plan may be constituted by 2 or more instruments.
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).
(2) If the water resource plan area is adjacent to a water resource plan area located in another Basin State, the proposed water resource plan must be prepared in consultation with that other Basin State.
(3) The Authority must:
(a) consider the proposed water resource plan; and
(b) prepare recommendations for the Minister on whether the proposed water resource plan should be accredited; and
(c) give the Minister the proposed water resource plan and the recommendations.
(4) The Authority must not recommend that the Minister not accredit the proposed water resource plan unless the Authority:
(a) gives the Basin State written notice of the grounds on which the Authority considers that it should recommend that the Minister not accredit the plan; and
(b) gives the Basin State the opportunity to make submissions to the Authority, within the period of 14 days after the notice referred to in paragraph (a) is given, in relation to the grounds set out in the notice; and
(c) has regard to the submissions made by the Basin State within that period in deciding what recommendations to make to the Minister in relation to the proposed water resource plan.
The Authority may, in writing, extend or further extend the period referred to in paragraph (b).
(5) If the Authority gives the Minister a proposed water resource plan and recommendations under subsection (3), the Minister:
(a) must consider the proposed water resource plan and the recommendations; and
(b) may either:
(i) accredit the plan; or
(ii) not accredit the plan.
(6) The Minister must accredit the plan if the Minister is satisfied that the plan is consistent with the relevant Basin Plan. The relevant Basin Plan for the water resource plan is the version of the Basin Plan that the Minister applies in relation to the water resource plan under subsection 56(2).
(7) The decision by the Minister to accredit, or not to accredit, the plan:
(a) must be made in writing; and
(b) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the decision.
(8) If:
(a) the Minister decides to accredit, or not to accredit, a proposed water resource plan under subsection (5); and
(b) that decision does not follow a recommendation that the Authority gives the Minister under subsection (3);
the Minister must, when the Minister’s decision is laid before a House of the Parliament under the Legislation Act 2003, cause a copy of a statement that sets out the Minister’s reasons for not following the Authority’s recommendation to be laid before that House.
(9) The regulations may provide for:
(a) the time within which the steps provided for in this section are to be taken; and
(b) the process to be followed in taking the steps provided for in this section.
63A Googong Dam Area to be treated as if located in the Australian Capital Territory
For the purposes of this Act, the surface water of the Googong Dam Area (within the meaning of the Canberra Water Supply (Googong Dam) Act 1974) is to be treated as if it were located in the Australian Capital Territory (and not in New South Wales).
64 Duration of accreditation
(1) The accreditation of a water resource plan ceases to have effect at the earlier of the following times:
(a) when the water resource plan ceases to have effect;
(b) the end of the period of 3 years after an amendment of the Basin Plan that affects water resource plan accreditations comes into effect, if the version of the Basin Plan used under subsection 63(6) in accrediting the water resource plan was in effect before that amendment came into effect.
Note: For when an amendment of the Basin Plan affects water resource plan accreditations, see subsection 48(8).
(2) The Minister may extend, or further extend, the 3 year period mentioned in paragraph (1)(b). The extension or further extension must be made in writing.
(3) An extension or further extension made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the extension or further extension.
(4) An extension or further extension made under subsection (2) must not have the effect of extending the 3 year period mentioned in paragraph (1)(b) by more than one year.
(5) An extension of a period under subsection (2) cannot be made after the end of the period or the period as previously extended.
65 Accrediting amendments of accredited water resource plans
(1) An amendment of a water resource plan accredited under section 63 has no effect for the purposes of this Act unless the amendment is accredited under this section or section 66.
(2) A Basin State may:
(a) give the Authority a proposed amendment of a water resource plan that is accredited under section 63 for a water resource plan area that is located within the Basin State; and
(b) ask the Authority to give the proposed amendment to the Minister for accreditation.