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).
(3) The Authority must:
(a) consider the proposed amendment; and
(b) prepare recommendations for the Minister on whether the proposed amendment should be accredited; and
(c) give the Minister the proposed amendment and the recommendations.
(4) The Authority must not recommend that the Minister not accredit the proposed amendment 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 amendment; 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 amendment.
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 amendment of a water resource plan and recommendations under subsection (4), the Minister:
(a) must consider the amendment and the recommendations; and
(b) may either:
(i) accredit the amendment; or
(ii) not accredit the amendment.
(6) The Minister must accredit the amendment if the Minister is satisfied that the water resource plan, as amended, would be consistent with the Basin Plan.
(7) The decision by the Minister to accredit, or not to accredit, the amendment:
(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 amendment of a 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.
66 Accrediting minor or non‑substantive amendments of accredited water resource plans
(1) The regulations may provide that a particular kind of minor, or non‑substantive, amendment of a water resource plan accredited under section 63 is a kind of amendment to which this section applies.
(2) If:
(a) a water resource plan accredited under section 63 is amended; and
(b) the amendment is of a kind to which this section applies; and
(c) the Basin State concerned notifies the Authority within 14 days after the amendment is made;
the amendment is taken to have been accredited under section 65 at the time when the notice referred to in paragraph (c) is given to the Authority.
(3) The Authority may, in writing, extend or further extend the period referred to in paragraph (2)(c).
67 Authority may assist Basin State to prepare water resource plan
The Authority may advise, or assist, a Basin State in preparing a water resource plan, or an amendment of a water resource plan, to be given to the Minister for accreditation under section 63 or 65.
Subdivision E—Water resource plans prepared by Authority and adopted by Minister
68 Minister may request Authority to prepare water resource plan
(1) The Minister may request the Authority to prepare a water resource plan for a water resource plan area if:
(a) subsection (2), (3), (4) or (5) is satisfied; and
(b) the requirements of Division 3 are satisfied.
This subsection does not apply to a water resource plan area if a transitional water resource plan is in effect in relation to the area under Part 11.
(2) This subsection is satisfied if the Basin State in which the area is located does not give the Authority a water resource plan for the area under section 63 in accordance with the regulations made for the purposes of subsection 63(9).
(3) This subsection is satisfied if:
(a) the Basin State in which the area is located gives the Authority a water resource plan for the area under section 63; and
(b) the Minister decides under subsection 63(5) not to accredit the water resource plan because the water resource plan is not consistent with the Basin Plan.
(4) This subsection is satisfied if:
(a) a water resource plan for the area is accredited under section 63; and
(b) a review of the water resource plan is undertaken under:
(i) a State water management law; or
(ii) the water resource plan itself; and
(c) the report of the review recommends that the water resource plan be amended; and
(d) the Basin State in which the area is located does not give the Authority an amendment of the water resource plan under section 65 within a reasonable time after the recommendation is made.
(5) This subsection is satisfied if:
(a) a water resource plan for the area is accredited under section 63; and
(b) there is a review of the water resource plan; and
(c) the report of the review recommends that the water resource plan be amended; and
(d) the Basin State in which the area is located gives the Authority an amendment of the water resource plan under section 65; and
(e) the Minister decides under subsection 65(5) not to accredit the amendment because the amendment is not consistent with the Basin Plan.
(6) If the Minister requests the Authority to prepare a water resource plan for a water resource plan area under subsection (1), the Authority must:
(a) prepare a water resource plan for the area in accordance with the process set out in the regulations; and
(b) give the water resource plan to the Minister for adoption.
(7) In preparing the water resource plan, the Authority must have regard to the requirements of the laws of the Basin State in which the water resource plan area is located.
Note: Under section 109 of the Constitution, any State laws that are inconsistent with the Basin Plan will be of no effect to the extent of the inconsistency.
(8) If subsection (3) applies, the Authority must incorporate the provisions of the water resource plan that the Basin State gives the Authority under section 63 to the extent to which it is possible to do so consistently with the Basin Plan.
(9) If subsection (5) applies, the Authority must incorporate the provisions of:
(a) the existing water resource plan; and
(b) the amendment that the Basin State gives the Authority under section 65;
to the extent to which it is possible to do so consistently with the Basin Plan.
(10) If the water resource plan area is adjacent to a water resource plan area located in a different Basin State, the Authority must prepare the plan in consultation with that Basin State.
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).
69 Minister may adopt water resource plan
(1) Within 60 days after the Authority gives the Minister a water resource plan for a water resource plan area under paragraph 68(6)(b), the Minister must:
(a) consider the water resource plan; and
(b) either:
(i) adopt the water resource plan; or
(ii) give the water resource plan back to the Authority with suggestions for consideration by the Authority.
(2) If the Minister gives the water resource plan 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 water resource plan; or
(ii) an altered version of the water resource plan;
together with the Authority’s views on the Minister’s suggestions; 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 or views given to the Minister under paragraph (c).
(3) Within 30 days after the Authority gives the Minister a version of the water resource plan under subsection (2), the Minister must:
(a) consider that version of the water resource plan and the views given to the Minister under subsection (2); and
(b) either:
(i) adopt that version of the water resource plan; or
(ii) direct the Authority, in writing, to make modifications to that version of the water resource plan 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 any aspect of the water resource plan that is of a factual or scientific nature.
(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 the water resource plan given to the Minister in compliance with the direction.
(7) When the water resource plan 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 water resource plan; and
(b) the Minister’s reasons for giving that direction.
70 Duration of plan adopted under section 69
A water resource plan adopted under section 69 has effect for the period specified in the water resource plan.
Subdivision F—Reporting obligations
71 Reporting obligations of Basin States
(1) A Basin State must, within 4 months after the end of a water accounting period for a water resource plan area in the Basin State give the Authority a written report that sets out the following:
(a) the quantity of water available from the water resources of the water resource plan area during that water accounting period;
(b) the quantity of water permitted to be taken from the water resources of the water resource plan area during the water accounting period;
(c) the quantity of water actually taken from the water resources of the water resource plan area during the water accounting period;
(d) details of the water allocations made in relation to the water resources of that area in relation to that water accounting period;
(e) details of any other decisions made by, or under the law of, the Basin State, that permit the taking of water from the water resources of that area during that water accounting period;
(f) details of the trading or transfer of tradeable water rights in relation to the water resources of that area during that water accounting period:
(i) within the area; and
(ii) into the area; and
(iii) from the area;
(g) an assessment of compliance with any long‑term annual diversion limit for the water resources of the area, or for a particular part of those water resources, in accordance with the method specified in the Basin Plan;
(h) if there has been non‑compliance with any long‑term annual diversion limit for the water resources of the area, or for a particular part of those water resources—a proposed set of actions (an action plan) that the Basin State proposes to take to ensure that the limit is complied with in the future;
(i) details of progress during the water accounting period in taking the proposed set of actions specified in an action plan under paragraph (h) relating to the water accounting period.
Note 1: 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).
Note 2: A Basin State must also provide information, in writing, to the Inspector‑General about some of the matters referred to in this subsection (see the Basin Plan).
(1A) The Basin Plan may specify the requirements for an action plan under paragraph (1)(h), and an action plan must be in accordance with the specified requirements.
(1B) The Basin Plan may specify the details that must be provided under paragraph (1)(i) in relation to progress during a water accounting period in taking the proposed set of actions in an action plan, and details in the report must be in accordance with the requirements specified in the Basin Plan.
(1C) If, after the commencement of this subsection, a one‑off adjustment is to be made, as required by section 6.08D of the Basin Plan, to the cumulative balance for any surface water SDL resource unit for one or more relevant water accounting periods, a report under subsection (1) must also include the following information:
(a) the information mentioned in paragraphs (1)(b) and (c) in relation to each of the relevant water accounting periods;
(b) any other information necessary to make the one‑off adjustment.
(1D) The information required by subsection (1C) must be given to the Authority:
(a) if the register of take for the surface water SDL resource unit has already commenced as at the commencement of this subsection—in the first report given to the Authority under subsection (1) after the commencement of this subsection; or
(b) if the register of take for the surface water SDL resource unit has not already commenced as at the commencement of this subsection—in the first report given to the Authority under subsection (1) after the end of the water accounting period in which the register of take commences.
(1E) Expressions used in subsections (1C) and (1D) have the same meanings as they have in the Basin Plan.
(2) The Authority may, in writing, extend the period within which the report must be given to the Authority.
(3) The Authority must give a copy of each report received under subsection (1) to the Inspector‑General as soon as practicable after the Authority receives it.
Division 3—Procedures to be followed before taking step‑in action
72 Scope of Division
(1) This Division provides for the procedure to be followed before the exercise of the power of the Minister to request the Authority under section 68 to prepare a water resource plan for a water resource plan area located in a Basin State.
(2) This power is the step‑in power.
(3) The Basin State is the affected Basin State.
73 Procedure to be followed before exercising step‑in power
Good faith negotiation
(1) The Minister must negotiate in good faith with the affected Basin State, and any relevant agency of the affected Basin State, with a view to dealing effectively with the circumstances without the exercise of the step‑in power.
Preliminary notice
(2) Before the Minister exercises the step‑in power in relation to particular circumstances, the Minister must give the relevant State Minister for the affected Basin State a preliminary notice that:
(a) specifies the circumstances; and
(b) sets out the Minister’s reasons for being satisfied that the circumstances give rise to the step‑in power; and
(c) indicates that the Minister is considering exercising the step‑in power; and
(d) indicates that the Minister is willing to engage in a mediation process in relation to the circumstances; and
(e) requests the Basin State to notify the Minister, in writing, within 2 weeks after the notice under this subsection is given, whether the Basin State is also willing to engage in a mediation process in relation to the circumstances.
Mediation
(3) If the affected Basin State indicates that it is willing to engage in a mediation process in relation to the circumstances, the mediator is to be:
(a) a person determined by agreement between the Minister and the Basin State; or
(b) a person nominated by the President of the Law Council of Australia if the Minister and the Basin State do not agree on a person to be the mediator.
(4) The process for the mediation is to be:
(a) the process agreed by the Minister and the affected Basin State; or
(b) the process determined by the mediator if the Minister and the affected Basin State do not agree on the process for the mediation.
(5) Representatives of the Minister must attend any mediation sessions called by the mediator.
(6) The affected Basin State is to be taken to have indicated that it is not willing to engage in a mediation process in relation to the circumstances if it does not give the notice requested in paragraph (2)(e) within the period of 2 weeks referred to in that paragraph.
Formal notice
(7) The Minister may give the relevant State Minister for the affected Basin State a notice under subsection (8) if:
(a) the Basin State has indicated that it is not willing to engage in a mediation process in relation to the circumstances and the period of 1 month starting on the day on which the notice was given under subsection (2) ends; or
(b) the Basin State has indicated that it is willing to engage in a mediation process in relation to the circumstances and the period of 2 months starting on the day on which the notice was given under subsection (2) ends.
(8) The notice under this subsection is a notice that:
(a) specifies the circumstances that, in the Minister’s opinion, give rise to the step‑in power; and
(b) sets out the Minister’s reasons for being satisfied that the circumstances give rise to the step‑in power; and
(c) specifies the action or actions that the Minister considers would deal with the circumstances without the exercise of the step‑in power; and
(d) specifies the time within which the action or actions should be taken; and