(2) Subsection (1) applies to an act of the Basin Officials Committee, an agency of a Basin State that is a referring State or an agency of the Australian Capital Territory only if the act is one that relates to the use or management of the Basin water resources.
(3) An operating authority, an infrastructure operator or the holder of a water access right must not, in a Basin State that is a referring State, or in the Australian Capital Territory:
(a) do an act in relation to Basin water resources if the act is inconsistent with any of the matters included or specified in the Basin Plan under this Part; or
(b) fail to do an act in relation to Basin water resources if the failure to do that act is inconsistent with any of those matters.
(4) Subsection (1) or (3) does not apply to an act, or failure to act, that affects State water sharing arrangements or Border Rivers water sharing arrangements, unless:
(a) the Murray‑Darling Basin Ministerial Council has agreed to the Basin Plan applying to the act or failure; or
(b) the act or failure takes place at a time when, under clause 135 of the Agreement, the provisions of the Basin Plan required by this Part are taken to be a Schedule to the Agreement.
86J Additional powers of the Authority
(1) The Authority has, in connection with:
(a) the performance of its functions and duties under this Part; and
(b) the exercise of its powers under this Part;
such powers in a Basin State that is a referring State, or in the Australian Capital Territory, as it has in connection with the performance of its other functions under this Act.
(2) The application of subsection (1) to the Authority’s powers under Part 10 in relation to premises in, or information held in, a referring State or the Australian Capital Territory is not limited by section 219 or by subsection 222D(1).
(3) Part 10 so applies as if references in section 221 to the Authority’s functions under section 219 included references to the Authority’s functions under this Part.
(4) However:
(a) an authorised officer must not enter premises under Subdivision B of Division 2 of that Part as applied by this section unless he or she reasonably believes this is necessary for the performance of any of the Authority’s functions under this Part; and
(d) the Authority must not require a person to give information under Division 3 of that Part as applied by this section unless the Authority has reason to believe that information relating to either of the following matters:
(i) the preparation and implementation of the Basin Plan in the way provided for in this Part;
(ii) a matter that is relevant to the performance of the Authority’s functions under this Part and that is specified in regulations made for the purposes of this paragraph;
is in the person’s possession, custody or control (whether held electronically or in any other form).
86K Additional functions of the Inspector‑General
(1) The Inspector‑General has, in connection with:
(a) the performance of the Inspector‑General’s functions and duties under this Part; and
(b) the exercise of the Inspector‑General’s powers under this Part;
such powers in a Basin State that is a referring State, or in the Australian Capital Territory, as the Inspector‑General has in connection with the performance of the Inspector‑General’s other functions under this Act.
(2) The application of subsection (1) to the Inspector‑General’s powers under Part 10AA in relation to premises in, or information held in, a referring State or the Australian Capital Territory is not limited by subsection 223(1) or 238(1).
(3) Part 10AA applies as if:
(a) for the purposes of Subdivision B of Division 1 of that Part, a reference in the definition of evidential material in subsection 4(1) to a designated compliance provision included a reference to a provision of this Part or regulations made for the purposes of this Part; and
(b) a reference in Subdivision B of Division 1 and Division 3 of that Part to a designated compliance provision included a reference to a provision of this Part or regulations made for the purposes of this Part.
(4) However, an authorised compliance officer must not:
(a) enter premises under Subdivision B of Division 1 of Part 10AA as applied by this section; or
(b) exercise any of the powers under that Subdivision;
except:
(c) to the extent that this is reasonably necessary for any of the following purposes:
(i) determining whether a provision of this Part or regulations made for the purposes of this Part has been, or is being, complied with;
(ii) determining whether information given in compliance, or purported compliance, with section 222D, in its application under section 86J, is correct;
(iii) determining whether information given in compliance, or purported compliance, with section 238, as applied by this section, is correct; or
(d) if the authorised compliance officer has reasonable grounds for suspecting that there may be evidential material on the premises relating to a possible contravention of a provision of this Part or regulations made for the purposes of this Part.
(5) Also, the Inspector‑General must not require a person to give information under Division 3 of Part 10AA as applied by this section unless the Inspector‑General has reason to believe that information relating to a matter that is relevant to the performance of the Inspector‑General’s functions or duties, or the exercise of the Inspector‑General’s powers, under this Part is in the person’s possession, custody or control (whether held electronically or in any other form).
86L Functions and powers of the Inspector‑General
The Inspector‑General has, for the purposes of this Part, the functions and powers conferred on it under Part 8 as an appropriate enforcement agency.
Part 3—Productivity Commission inquiries
87 Productivity Commission inquiry—Basin Plan and water resource plans
Power to conduct inquiries
(1) During the 5 year period ending on 31 December 2018, the Productivity Minister must, under paragraph 6(1)(a) of the Productivity Commission Act 1998, refer to the Productivity Commission for inquiry the matter of the effectiveness of the implementation of the Basin Plan and the water resource plans.
(2) During the subsequent 5 year period that occurs after the completion of the Commission’s most recent inquiry under this section, the Productivity Minister must, under paragraph 6(1)(a) of the Productivity Commission Act 1998, refer to the Productivity Commission for inquiry the matter of the effectiveness of the implementation of the Basin Plan and the water resource plans.
Reports on inquiries etc.
(3) In referring the matter to the Productivity Commission for inquiry, the Productivity Minister must, under paragraph 11(1)(b) of the Productivity Commission Act 1998, specify the 5 year period in which the referral occurs as the period within which the Productivity Commission must submit its report on the inquiry to the Productivity Minister.
Note: Under section 12 of the Productivity Commission Act 1998, the Productivity Minister must cause a copy of the Productivity Commission’s report to be tabled in each House of the Parliament.
(3A) Once the matter has been referred to the Productivity Commission for inquiry, the Chair of the Productivity Commission must establish a stakeholder working group in accordance with section 89.
(4) After submitting its report to the Productivity Minister and before a copy of the report is tabled in each House of the Parliament, the Productivity Commission must give a copy of the report to:
(a) the Authority; and
(b) the relevant State Minister for each of the Basin States.
Matters relating to industry, industry development and productivity
(5) For the purposes of paragraph 6(1)(a) of the Productivity Commission Act 1998, the matter mentioned in subsections (1) and (2) of this section is taken to be a matter relating to industry, industry development and productivity.
88 Productivity Commission inquiry—National Water Initiative
Power to conduct inquiries
(1) During the 3 year period ending on 31 December 2017, the Productivity Minister must, under paragraph 6(1)(a) of the Productivity Commission Act 1998, refer to the Productivity Commission for inquiry the matter of the progress of parties to the National Water Initiative towards achieving the objectives and outcomes of, and within the timelines required by, the National Water Initiative.
(2) During the subsequent 3 year period that occurs after the completion of the Commission’s most recent inquiry under this section, the Productivity Minister must, under paragraph 6(1)(a) of the Productivity Commission Act 1998, refer to the Productivity Commission for inquiry the matter of the progress of parties to the National Water Initiative towards achieving the objectives and outcomes of, and within the timelines required by, the National Water Initiative.
Reports on inquiries etc.
(3) In referring the matter to the Productivity Commission for inquiry, the Productivity Minister must:
(a) under paragraph 11(1)(b) of the Productivity Commission Act 1998, specify the 3 year period in which the referral occurs as the period within which the Productivity Commission must submit its report on the inquiry to the Productivity Minister; and
(b) under paragraph 11(1)(d) of that Act, require the Productivity Commission to make recommendations on actions that the parties to the National Water Initiative might take to better achieve the objectives and outcomes of the National Water Initiative.
Note: Under section 12 of the Productivity Commission Act 1998, the Productivity Minister must cause a copy of the Productivity Commission’s report to be tabled in each House of the Parliament.
(3A) Once the matter has been referred to the Productivity Commission for inquiry, the Chair of the Productivity Commission must establish a stakeholder working group in accordance with section 89.
Regard to be had to objectives of National Water Initiative
(3B) When conducting an inquiry, the Productivity Commission must have regard to the objectives provided for in clause 23 of the National Water Initiative.
(4) After submitting its report to the Productivity Minister and before a copy of the report is tabled in each House of the Parliament, the Productivity Commission must give a copy of the report to:
(a) the First Ministers’ Council; and
(b) any subcommittee (however described) of the Council that deals with matters relating to water.
Matters relating to industry, industry development and productivity
(5) For the purposes of paragraph 6(1)(a) of the Productivity Commission Act 1998, the matter mentioned in subsections (1) and (2) of this section is taken to be a matter relating to industry, industry development and productivity.
89 Stakeholder working group
(1) A stakeholder working group is to be established for each matter referred to the Productivity Commission for inquiry (a referred matter).
(2) A stakeholder working group for a referred matter:
(a) is to exchange information and views on the referred matter or any issues relevant to it; and
(b) may provide advice to the Productivity Commission on the referred matter or any issues relevant to it.
(3) A stakeholder working group for a referred matter is to consist of such persons as the Chair of the Productivity Commission thinks fit who are representative of any:
(a) agricultural, environmental, industry, Indigenous or urban water body; or
(b) other body with an interest in the referred matter.
(4) Subject to subsections (5) and (6), the Chair of the Productivity Commission may determine:
(a) any allowances that are payable to a member of a stakeholder working group in relation to his or her contribution as a member of the stakeholder working group; and
(b) any other matter relating to the functioning of a stakeholder working group.
(5) Despite the Remuneration Tribunal Act 1973, a member of a stakeholder working group is not to be paid any remuneration in relation to his or her contribution as a member of the stakeholder working group.
(6) A stakeholder working group for a referred matter must meet at least twice about the referred matter before the Productivity Commission submits its report on the matter to the Productivity Minister.
(7) To avoid doubt, a member of a stakeholder working group is not a public office within the meaning of the Remuneration Tribunal Act 1973.
Part 4—Basin water charge and water market rules
Division 1—Water charge rules
91 Regulated water charges
(1) This Division applies to the following kinds of charges:
(a) fees or charges (however described) payable to an irrigation infrastructure operator for:
(i) access to the operator’s irrigation network (or services provided in relation to that access); or
(ii) changing access to the operator’s irrigation network (or services provided in relation to that access); or
(iii) terminating access to the operator’s irrigation network (or services provided in relation to that access); or
(iv) surrendering to the operator a right to the delivery of water through the operator’s irrigation network;
(b) bulk water charges;
(c) charges for water planning and water management activities;
(d) a fee or charge (however described) that relates to:
(i) access to water service infrastructure; or
(ii) services provided in relation to access to water service infrastructure; or
(iii) services provided through the operation of water service infrastructure; or
(iv) the taking of water from a water resource;
and is of a kind prescribed by the regulations for the purposes of this paragraph.
(2) This Division applies to a charge of the kind referred to in subsection (1) only to the extent to which the charge relates to:
(a) Basin water resources; or
(b) water service infrastructure that carries Basin water resources; or
(c) water service infrastructure that carries water that has been taken from a Basin water resource; or
(d) water access rights, irrigation rights or water delivery rights in relation to Basin water resources.
(3) However, this Division does not apply to charges in respect of urban water supply activities beyond the point at which the water has been removed from a Basin water resource.
(4) Charges to which this Division applies are regulated water charges for the purposes of this Act.
92 Water charge rules
(1) The Minister may make rules (to be called water charge rules), applying in Basin States that are referring States and in the Australian Capital Territory, that:
(a) relate to regulated water charges; and
(b) deal with one or more of the matters referred to in subsection (3); and
(c) contribute to achieving the Basin water charging objectives and principles set out in Schedule 2.
(2) Water charge rules are legislative instruments.
(3) Water charge rules may deal with the following matters:
(a) the rules that must be applied in determining the amount of:
(i) regulated water charges generally; or
(ii) regulated water charges of a particular kind;
(b) the terms and conditions that may, or must not, be imposed in relation to:
(i) regulated water charges generally; or
(ii) regulated water charges of a particular kind;
(c) the determination, or approval, by the ACCC of regulated water charges;
(d) the process to be followed in applying for, and making or giving, determinations or approvals of the kind referred to in paragraph (c);
(e) the accreditation by the ACCC of arrangements under which regulated water charges are determined or approved by agencies of the States (instead of by the ACCC);
(f) the process to be followed in applying for, and making or giving, accreditation of the kind referred to in paragraph (e);
(g) the terms and conditions on which arrangements are accredited under rules made for the purposes of paragraph (e) (including the determination of some or all of those terms and conditions by the ACCC);
(h) the obligations to be imposed in relation to the accreditation of arrangements under rules made for the purposes of paragraph (e) (including the determination of some or all of those obligations by the ACCC);
(i) the prohibition of regulated water charges of a particular kind in the circumstances specified in the rules;
(j) the imposition of a requirement on the person determining the amount of regulated water charges to publish:
(i) the details of the charges; and
(ii) the process for determining the amount of the charges;
(k) transitional arrangements for the introduction of, or changes to, water charge rules;
(l) any matter that was dealt with in:
(i) paragraph 15(3)(c) of Schedule E to the former MDB Agreement; or
(ii) the Access and Exit Fees Protocol to the former MDB Agreement made under paragraph 6(1)(f) of Schedule E to the former MDB Agreement.
(4) Without limiting paragraph (3)(c), water charge rules may:
(a) specify the effect, and the period of effect, of a determination or approval of the kind referred to in that paragraph; and
(b) allow the ACCC to extend the period of effect of a particular determination or approval of the kind referred to in that paragraph beyond the period specified for the purposes of paragraph (a) of this subsection.
(5) Without limiting paragraph (3)(d), water charge rules may specify:
(a) the information that an applicant for a determination or approval of the kind referred to in paragraph (3)(c) must give the ACCC in relation to the application; and
(b) the timing of the steps in the process in which:
(i) the application is made; and
(ii) the determination is made or the approval is given.
(6) Without limiting paragraph (3)(e), the rules made for the purposes of that paragraph may provide for the circumstances in which:
(a) an accreditation may be revoked; or
(b) the terms and conditions on which an accreditation is given may be varied.