(3) Without limiting subsection (1), the regulations made for the purposes of that subsection may require a Basin State, an agency of a Basin State or another person, to give the Commonwealth, the Authority or another agency of the Commonwealth information for the purposes of dealing with a claim made under section 83.
(4) The regulations may make provision in relation to the application of the provisions of the National Water Initiative for the purposes of this Subdivision.
85A Operation of Subdivision
(1) This Subdivision imposes obligations on the Commonwealth in relation to changes in the reliability of water allocations only to the extent to which the National Water Initiative provides that the Commonwealth is responsible for those changes.
(2) To avoid doubt, this Subdivision does not impose obligations on the Commonwealth merely because of:
(a) actions taken by, or on behalf of, the Commonwealth (including purchasing water access rights); or
(b) actions taken under the Basin Plan in the exercise of the rights conferred by water access rights held by, or on behalf, of the Commonwealth.
Division 4A—Annual progress reports relating to water recovery targets and to the Snowy Scheme
85AB Secretary to prepare annual reports
(1) The Secretary must prepare an annual report on the activities undertaken for the purpose of making progress towards the following:
(a) increasing the volume of the Basin water resources that is available for environmental use by 450 gigalitres;
(b) the Commonwealth’s water recovery target in relation to SDL resource units (as defined in the Basin Plan);
(c) projects that relate to adjustments of long‑term average sustainable diversion limits under section 23A;
(d) any other matter specified by the Minister in writing.
(1A) If, during a financial year, the Minister approved one or more programs (however described) in relation to which the Minister was required to consider the social and economic impact under section 86ADB, the report under subsection (1) for that financial year must include:
(a) a description of the program or programs concerned; and
(b) the matters that the Minister took into account in undertaking that consideration.
Note: The kinds of matters taken into account by the Minister under paragraph (b) could include any social and economic impacts raised in the course of consultation, and any social and economic impacts of transitional support the Government has provided or is providing.
(2) The Secretary must prepare a report under subsection (1) in relation to:
(a) the financial year beginning on 1 July 2023; and
(b) each subsequent financial year up to and including the financial year beginning on 1 July 2027.
(3) The Secretary must provide each report under subsection (1) in relation to a financial year to the Minister by 30 October in the following financial year.
(4) The Minister must cause a copy of each report under subsection (1) to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.
85ABA Secretary to prepare annual reports about water releases from the Snowy Scheme
(1) The Secretary must prepare an annual report on the release of water for environmental use from the Snowy Scheme.
(2) A report under subsection (1) must include the details mentioned in subsection (3), in relation to the release of water for environmental use during each period of 12 months beginning on 1 May (a water year), from the following:
(a) the Snowy River below Jindabyne Dam;
(b) the Snowy River below Guthega Dam via Falls Creek Aqueduct;
(c) the Snowy River below Island Bend Dam via Tolbar Creek Aqueduct and Diggers Creek Aqueduct;
(d) the Upper Murrumbidgee River below Tantangara Dam;
(e) the Goodradigbee River below Goodradigbee Aqueduct;
(f) the Geehi River below Geehi Dam via Middle Creek and Strzelecki Creek;
(g) the River Murray via the Snowy‑Murray Development and Hume Dam.
(3) The report must include the following:
(a) targets for releases of water for environmental use;
(b) actual releases of water for environmental use;
(c) the seasonal timing and volume of releases of water for environmental use;
(d) the environmental objectives that the releases of water were intended to achieve;
(e) any changes to the governance and regulatory arrangements outlined in the report as required by subsection (4).
(4) The first report under subsection (1) must also include a general outline of the governance and regulatory arrangements relating to the Snowy Scheme.
(5) The Secretary must prepare a report under subsection (1) in relation to:
(a) the water year beginning on 1 May 2023; and
(b) each subsequent water year.
(6) The Secretary must provide each report under subsection (1) in relation to a water year by 30 October in the following water year.
(7) The Minister must cause a copy of each report under subsection (1) to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.
(8) In this section, Snowy Scheme has the same meaning as in the Murray‑Darling Basin Agreement.
Division 4B—Increasing water for environmental use by 450 gigalitres
85AC Minister must increase water for environmental use
The Minister must take all reasonable steps to increase the volume of the Basin water resources that is available for environmental use by 450 gigalitres per year before the end of 31 December 2027.
Note 1: This obligation does not detract from the Commonwealth’s ability to achieve any surface water recovery targets that it has set for itself.
Note 2: The Basin Plan refers to the addition of 450 gigalitres per year of environmental water above the 2750 gigalitre benchmark conditions of development (see paragraph 7.09(e) of the Basin Plan).
Note 3: The Minister can increase the volume of water available for environmental use, for example, by entering into arrangements on behalf of the Commonwealth to purchase water access rights (see section 86AF).
Division 6—Reports about activities relating to Indigenous people
85E Authority must prepare annual information on consideration of Indigenous matters
(1) The Authority must prepare information in relation to each financial year on how, when planning for environmental watering in the Murray‑Darling Basin, holders of held environmental water:
(a) considered Indigenous values and Indigenous uses (as defined in the Basin Plan); and
(b) involved Indigenous people.
(2) The Authority must prepare information under subsection (1) in relation to:
(a) the financial year beginning on 1 July 2023; and
(b) each subsequent financial year.
(3) The Authority must give the information to the Secretary in sufficient time for the information to be included in the Secretary’s report under section 85F.
85F Secretary to prepare annual reports about activities relating to Indigenous people
(1) The Secretary must prepare an annual report that includes:
(a) the information provided to the Secretary by the Authority under section 85E; and
(b) information about engagement and other activities undertaken for the purpose of ensuring that the management of Basin water resources takes into account spiritual, cultural, environmental, social and economic matters relevant to Indigenous people; and
(c) any other matter specified by the Minister in writing.
(2) In preparing a report under subsection (1), the Secretary:
(a) must consult the Authority and the Commonwealth Environmental Water Holder; and
(b) may consult any other person or body the Secretary considers appropriate.
(3) The Secretary must prepare a report under subsection (1) in relation to:
(a) the financial year beginning on 1 July 2023; and
(b) each subsequent financial year.
(4) The Secretary must provide each report under subsection (1) in relation to a financial year to the Minister no later than 6 months after the end of that financial year.
(5) The Minister must cause a copy of each report under subsection (1) to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.
Part 2AA—Water for the Environment Special Account
86AA Object of this Part
(1) The object of this Part is to enhance the environmental outcomes that can be achieved by the Basin Plan, as in force from time to time, by:
(a) protecting and restoring the environmental assets of the Murray‑Darling Basin; and
(b) protecting biodiversity dependent on the Basin water resources;
so as to give effect to relevant international agreements.
(2) Without limiting subsection (1), environmental outcomes can be enhanced in the following ways:
(a) further reducing salinity levels in the Coorong and Lower Lakes so that improved water quality contributes to the health of insects, fish and plants that form important parts of the food chain, with the aim of achieving the following outcomes:
(i) the maximum average daily salinity in the Coorong South Lagoon is less than 100 grams per litre;
(ii) the maximum average daily salinity in the Coorong North Lagoon is less than 50 grams per litre;
(iii) the average daily salinity in Lake Alexandrina is less than 1000 microsiemens per centimetre for 95% of years and 1500 microsiemens per centimetre all of the time;
(b) keeping water levels in the Lower Lakes above:
(i) 0.4 metres Australian Height Datum for 95% of the time; and
(ii) 0.0 metres Australian Height Datum at all times;
to provide additional flows to the Coorong, and to prevent acidification, acid drainage and riverbank collapse below Lock 1;
(c) ensuring the mouth of the River Murray is open without the need for dredging in at least 95% of years, with flows every year through the Murray Mouth Barrages;
(d) discharging 2 million tonnes of salt per year from the Murray‑Darling Basin as a long‑term average;
(e) further increasing flows to the Coorong through the Murray Mouth Barrages, and supporting fish migration;
(f) in conjunction with removing or easing constraints referred to in subparagraph (h)(ii), providing opportunities for environmental watering of an additional 35,000 hectares of floodplains in the River Murray System, to do the following:
(i) improve the health of forests and the habitats of fish and birds;
(ii) improve connections between the floodplains and rivers in the River Murray System;
(iii) replenish groundwater;
(g) increasing the flows of rivers and streams, and providing water to low and middle level floodplains and habitats that are adjacent to rivers and streams, in the River Murray System:
(i) to enhance environmental outcomes within those floodplains, habitats, rivers and streams; and
(ii) to improve connections between those floodplains and habitats, and those rivers and streams;
(h) in any other way that is consistent with:
(i) the Authority’s modelling of the effect of increasing the volume of the Basin water resources that is available for environmental use by 3200 gigalitres; and
(ii) easing or removing constraints on the capacity to deliver environmental water to the environmental assets of the Murray‑Darling Basin.
(3) The object of this Part is to be achieved by:
(a) easing or removing constraints on the capacity to deliver environmental water to the environmental assets of the Murray‑Darling Basin; and
(b) increasing the volume of the Basin water resources that is available for environmental use by 450 gigalitres.
Note: The Minister is required to take all reasonable steps to increase the volume of the Basin water resources available for environmental use by 450 gigalitres (see section 85AC).
86AB Water for the Environment Special Account
(1) The Water for the Environment Special Account is established by this section.
(2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.
86AC Credits to the Water for the Environment Special Account
(1) There must be credited to the Water for the Environment Special Account the following amounts:
(a) all amounts appropriated by the Parliament for the purposes of that Account;
(b) amounts paid by a Basin State, under an agreement between the Commonwealth and the State, for crediting to that Account;
(c) amounts received for crediting to that Account by the Commonwealth under any other agreement;
(d) amounts equal to money received by the Commonwealth in relation to property paid for with amounts debited from that Account;
(e) amounts equal to amounts of any gifts given or bequests made for the purposes of that Account.
Note: An Appropriation Act provides for amounts to be credited to a special account if any of the purposes of the special account is a purpose that is covered by an item in the Appropriation Act.
(2) Amounts equal to money received by the Commonwealth from the disposal of or other dealings with water access rights paid for with amounts debited from the Water for the Environment Special Account are not to be credited to that Account.
Note: Such amounts are instead credited to the Environmental Water Holdings Special Account (see paragraphs 105(2)(a) and 112(1)(b)).
86AD Purposes of the Water for the Environment Special Account
(1) This section sets out the purposes of the Water for the Environment Special Account.
(2) Amounts standing to the credit of the Water for the Environment Special Account may be debited for any of the following purposes:
(a) making payments in relation to projects whose aim is to contribute to the integrated management of the Basin water resources in a way that promotes the objects of this Act and has a substantial aim of furthering the object of this Part, for example by doing one or more of the following:
(i) improving the water efficiency of the infrastructure that uses Basin water resources for irrigation;
(ii) improving the water efficiency of any other infrastructure that delivers, stores or drains Basin water resources for the primary purpose of providing water for irrigation;
(iii) improving or modifying any infrastructure (including bridges and roads) that constrains the delivery of environmental water to the environmental assets of the Murray‑Darling Basin in order to ease or remove those constraints;
(iv) better utilising existing dams and storages to deliver environmental water to the environmental assets of the Murray‑Darling Basin;
(v) entering agreements to acquire an interest in, or in relation to, land (including easements) to facilitate environmental watering of the environmental assets of the Murray‑Darling Basin;
(vi) improving the rules, policies, practices and procedures in relation to the use and management of the Basin water resources;
(b) purchasing water access rights in relation to Basin water resources for the purpose of increasing the volume of the Basin water resources that is available for environmental use by 450 gigalitres;
(c) making any other payments to address any detrimental social or economic impact on the wellbeing of any community in the Murray‑Darling Basin that is associated with a project or purchase referred to in paragraph (a) or (b) so as to offset any such impact;
(d) meeting the expenses of administering the Account.
(2A) To avoid doubt, a project mentioned in subsection (2) may contribute to the integrated management of the Basin water resources in a way that promotes the objects of this Act, and has a substantial aim of furthering the object of this Part, whether the project satisfies both, or only one of, paragraphs 86AA(3)(a) and (b).
(3) For the purposes of this section, the expenses of administering the Water for the Environment Special Account do not include the cost of salaries of the Department.
86ADB Consideration of social and economic impact of proposed water purchases relating to the 450 gigalitre target
(1) Before the Minister approves a program (however described) under which water access rights are proposed to be purchased for the purpose of increasing the volume of the Basin water resources that is available for environmental use by 450 gigalitres, the Minister must consider the social and economic impact of the program on communities in the Murray‑Darling Basin.
(2) Subsection (1) applies even if the program includes water access rights proposed to be purchased with amounts other than amounts debited from the Water for the Environment Special Account.
Note: Water access rights covers temporary water access rights as well as perpetual or ongoing water access rights.
86AE Commonwealth environmental water holdings
(1) To avoid doubt, water access rights acquired by the Commonwealth with amounts debited from the Water for the Environment Special Account form part of the Commonwealth environmental water holdings (see section 108).
Note: The Commonwealth Environmental Water Holder must (subject to subsection (2) of this section) dispose or otherwise deal with Commonwealth environmental water holdings in accordance with sections 105 and 106.
(2) Paragraphs 105(3)(b) and (4)(b), subparagraphs 106(3)(c)(ii) and (iii), and subsection 105(5), do not apply in relation to any water access right that forms part of the Commonwealth environmental water holdings if the water access right was acquired by the Commonwealth with amounts debited from the Water for the Environment Special Account.
86AF Arrangements to make payments
(1) The Minister may, on behalf of the Commonwealth, enter into arrangements and make payments for the purposes of subsection 86AD(2).
(2) If a Basin State is granted financial assistance with an amount debited from the Water for the Environment Special Account, the terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the Basin State.
86AG Amounts to be credited to the Water for the Environment Special Account