(b) clarify how a thing has effect as mentioned in subsection (1) or (2).
239Q Things done under the former MDB Agreement
(1) If:
(a) a thing was done before the commencement of this Part under a provision of the former MDB Agreement, by or in relation to, or pursuant to a resolution of, a body or person; and
(b) the thing still had effect immediately before that commencement; and
(c) the regulations specify:
(i) a provision of the Agreement to be the corresponding provision to the provision referred to in paragraph (a); and
(ii) in relation to that corresponding provision, a body or person to be the corresponding body or person to the body or person referred to in that paragraph;
the thing done has effect from that commencement as if it had been done under the corresponding provision by or in relation to, or pursuant to a resolution of, the corresponding body or person.
(2) Regulations made for the purposes of paragraph (1)(c):
(a) may specify:
(i) a part of a provision of the Agreement to be the corresponding provision to a provision referred to in paragraph (1)(a); or
(ii) a provision of the Agreement, or a part of a provision of the Agreement, to be the corresponding provision to a part of a provision referred to in paragraph (1)(a); and
(b) may specify different corresponding bodies or persons in relation to different parts of a provision of the Agreement.
This subsection may be applied in relation to the different ways in which a provision can operate as if each of those ways were a different part of the provision.
(3) If:
(a) a thing was done before the commencement of this Part under a provision of the former MDB Agreement, by or in relation to, or pursuant to a resolution of, the Murray‑Darling Basin Commission; and
(b) the thing still had effect immediately before that commencement; and
(c) the provision has a corresponding provision in the Agreement; and
(d) subsection (1) does not apply;
the thing done has effect from that commencement as if it had been done under the corresponding provision by or in relation to, or pursuant to a resolution of, the Authority.
(4) However, subsection (3) does not apply to a thing specified in the regulations.
(5) The application of subsection (1), (2) or (3) to the making of an instrument is not taken, for the purposes of the Legislation Act 2003, to constitute the making of a legislative instrument by:
(a) in the case of subsection (1) or (2)—the corresponding body or person referred to in that subsection; or
(b) in the case of subsection (3)—the Authority.
(6) This section applies to protocols to the former MDB Agreement as if they were provisions of the former MDB Agreement, and applies to protocols to the Agreement as if they were provisions of the Agreement.
239R Continuation of committees established by Murray‑Darling Basin Commission
If:
(a) the Murray‑Darling Basin Commission established a committee before the commencement of this Part; and
(b) the committee was in existence immediately before that commencement;
the committee continues in existence after that commencement as if the Authority had, on that commencement, established it under section 203 and appointed its members under section 204.
239S Continuation of Murray‑Darling Basin Commission’s corporate plan
(1) For the purposes of this Act and the Agreement, the corporate plan of the Murray‑Darling Basin Commission in force immediately before the commencement of this Part (the Commission’s corporate plan) is taken, from that commencement:
(a) to be a corporate plan approved by the Murray‑Darling Basin Ministerial Council under clause 34 of the Agreement; and
(b) to be included, under section 213A, in any corporate plan of the Authority that was in force immediately before that commencement.
(2) The Authority must, as soon as practicable after that commencement:
(a) review the Commission’s corporate plan; and
(b) if the Authority considers it necessary or desirable for there to be a significant variation to the plan—prepare a draft amendment, and provide it to the Basin Officials Committee, in accordance with the Agreement.
Division 4—Financial matters
239T Financial matters
(1) The following amounts (the transitional amounts) must be credited to the Murray‑Darling Basin Special Account:
(a) amounts that, immediately before the commencement of this Part, are in bank accounts referred to in subclause 79(1) of the former MDB Agreement;
(b) all other amounts in the Murray‑Darling Basin Commission’s possession, custody or control immediately before that commencement.
(2) If:
(a) under an arrangement (other than the former MDB Agreement), a State paid the Murray‑Darling Basin Commission an amount for the purposes of the performance of the Murray‑Darling Basin Commission’s functions; and
(b) all or part of that amount is a transitional amount;
then:
(c) for the purposes of spending the transitional amount, the functions of the Authority include those functions of the Murray‑Darling Basin Commission; and
(d) the Authority must spend the transitional amount in accordance with that arrangement and not otherwise.
(3) Sections 210 and 211 have effect subject to this section.
Division 5—Miscellaneous
239U Exemption from stamp duty and other State or Territory taxes
(1) No stamp duty or other tax is payable under a law of a State or a Territory in respect of either of the following matters (exempt matters):
(a) the vesting of a transitional asset or transitional liability under this Part;
(b) the operation of this Part in any other respect;
or anything connected with an exempt matter.
(2) The Minister may certify in writing:
(a) that a specified matter is an exempt matter; or
(b) that a specified thing is connected with a specified exempt matter.
(3) A certificate made under subsection (2) is not a legislative instrument.
(4) The Minister may, by legislative instrument, certify in writing:
(a) that matters included in a specified class are exempt matters; or
(b) that things included in a specified class are connected with exempt matters included in a specified class.
(5) In all courts, and for all purposes (other than for the purposes of criminal proceedings), a certificate under subsection (2) or (4) is prima facie evidence of the matters stated in the certificate.
239V Certificates taken to be authentic
A document that appears to be a certificate made or issued under a particular provision of this Part:
(a) is taken to be such a certificate; and
(b) is taken to have been properly made or issued;
unless the contrary is established.
239W Regulations
(1) The regulations may provide for other transitional measures relating to the replacement of:
(a) the Murray‑Darling Basin Commission; or
(b) the former MDB Agreement; or
(c) the former Murray‑Darling Basin Ministerial Council.
(2) Without limiting subsection (1), regulations under that subsection may provide for powers of the Murray‑Darling Basin Commission or the former Murray‑Darling Basin Ministerial Council:
(a) that were exercisable under the former MDB Agreement; and
(b) that are not otherwise provided for in this Act;
to be exercised by the Authority, the Basin Officials Committee or the Murray‑Darling Basin Ministerial Council.
(3) Without limiting subsection (1), regulations under that subsection may provide for the ownership or control of weir no.5 Redbank and weir no.7 Maude.
(4) Regulations made for the purposes of subsection (3) have effect despite section 239D.
Commonwealth Coat of Arms of Australia
Water Act 2007
No. 137, 2007
Compilation No. 34
Compilation date: 1 July 2025
Includes amendments: Act No. 111, 2023
This compilation is in 2 volumes
Volume 1: sections 1–239W
Volume 2: sections 241–256
Schedules
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Water Act 2007 that shows the text of the law as amended and in force on 1 July 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 11—Transitional arrangements for water resource plans
241 Transitional water resource plans
242 Interim water resource plans
243 Transitional water resource plans taken to have been accredited
244 Interim water resource plans taken to have been accredited
245 Operation of transitional water resource plans and interim water resource plans
246 Amendment of transitional water resource plans and interim water resource plans
247 Authority may provide assistance
Part 11A—Interactions with State laws
250A Meaning of Commonwealth water legislation
250B Concurrent operation intended
250C Commonwealth water legislation does not apply to matters declared by law of referring State to be excluded matters
250D Avoiding direct inconsistency arising between the Commonwealth water legislation and laws of referring States
250E Regulations may modify operation of the Commonwealth water legislation to deal with interaction between that legislation and laws of referring States
Part 12—Miscellaneous
251 Delegation by Minister
252 Instruments not invalid for failure to publish on website
252A Dataset for Murray‑Darling Basin to be publicly available
253 Review of operation of Act
254 Compensation for acquisition of property
255 Act does not authorise compulsory acquisition of water access rights
255A Application of water charge rules in Basin States that are not referring States
255B Application of water market rules in Basin States that are not referring States
255C Transitional provisions relating to amendments
256 Regulations
Schedule 1—The Murray‑Darling Basin Agreement
Schedule 1A—The Murray‑Darling Basin
Schedule 2—Basin water charging objectives and principles
Part 1—Preliminary
1 Objectives and principles
Part 2—Water charging objectives
2 Water charging objectives
Part 3—Water charging principles
3 Water storage and delivery
4 Cost recovery for planning and management
5 Environmental externalities
6 Benchmarking and efficiency reviews
Schedule 3—Basin water market and trading objectives and principles
1 Definitions
2 Objectives and principles
3 Basin water market and trading objectives
4 Basin water market and trading principles
Schedule 3A—Risk assignment framework
Part 1—Clauses 48 to 50 of the National Water Initiative
Part 2—Clause 10.1.3 of the Agreement on Murray‑Darling Basin Reform of 3 July 2008
Schedule 4—Transitional water resource plans
Schedule 10—Transitional provisions relating to amendments
Part 1—Transitional provisions relating to the Water Amendment Act 2018
1 Application of amendments
2 Transitional
Part 2—Transitional provisions relating to the Water Legislation Amendment (Inspector‑General of Water Compliance and Other Measures) Act 2021
Division 1—Amendments to Schedule 1 to this Act made by regulations
1 Application of amendments—amendments to Schedule 1 to this Act made by regulations
Division 2—Other amendments
2 Definitions
3 Appropriate enforcement agency
4 Legal proceedings involving the Murray‑Darling Basin Authority
5 Enforceable undertakings
6 Enforcement notices
7 Public warning notices
8 Offences and civil penalty provisions
9 Credits to the Murray‑Darling Basin Special Account
10 Disclosure of information by the Authority
11 Inquiry may relate to matters occurring before, on or after commencement day
12 Inspector‑General’s first annual work plan
13 Inspector‑General’s compliance powers
14 Declaration by the Authority before commencement day relating to restrictions on trading water access right
15 Declaration by the Authority before commencement day permitting application of exchange rate to trade of water access entitlement
16 Audits
17 Regulations may provide for other transitional matters relating to the Inspector‑General
Part 3—Application provision relating to the Water Amendment (Restoring Our Rivers) Act 2023
1 Application of amendments
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Part 11—Transitional arrangements for water resource plans
241 Transitional water resource plans
(1) For the purposes of this Act, a transitional water resource plan for a water resource plan area is a plan that is:
(a) specified in Schedule 4; or
(b) prescribed by the regulations for the purposes of this paragraph;
together with any instruments made under or for the purposes of that plan (whether made before or after Schedule 4 commences).
Note: Without limiting paragraph (b), it is intended that the transitional water resource plans for water resource plan areas in Victoria are to be prescribed by regulations made for the purposes of that paragraph.
(2) Subsection (1) applies to a plan or other instrument only to the extent to which the plan or instrument relates to:
(a) the water resources of the water resource plan area; and
(b) matters referred to in subsection 22(1).
(3) A transitional water resource plan for a water resource plan area ceases to have effect for the purposes of this Act on the date specified in relation to that plan in:
(a) Schedule 4 if paragraph (1)(a) applies; or
(b) the regulations made for the purposes of paragraph (1)(b) if that paragraph applies;
if the transitional water resource plan has not ceased to have effect before that time.
242 Interim water resource plans
(1) For the purposes of this Act, an interim water resource plan for a water resource plan area is a plan that:
(a) is a plan for the management of the water resources of the water resource plan area; and
(b) is made under a State water management law of a Basin State on or after 25 January 2007 and before the Basin Plan first takes effect;
to the extent to which the plan relates to:
(c) the water resource plan area; and
(d) the matters referred to in subsection 22(1).
(2) An interim water resource plan for a water resource plan area ceases to have effect for the purposes of this Act on the cessation time for the plan if it has not ceased to have effect before that time.
(3) The cessation time for the plan is:
(a) the end of 31 December 2014; or
(b) the time occurring 5 years after the plan is made;
whichever is later.
(4) Before making an interim water resource plan for a water resource plan area, the Basin State in which the water resource plan area is located must consult the Authority in relation to the interim water resource plan.
(5) Subsection (4) does not apply if the Authority has not been established, and the members of the Authority appointed, before the interim water resource plan is made.
243 Transitional water resource plans taken to have been accredited
(1) A transitional water resource plan for a water resource plan area, as in force immediately before Part 2 commences, is taken to have been accredited by the Minister under Subdivision D of Division 2 of Part 2 on the day on which Part 2 commences.
Note: This subsection has the effect of continuing the operation of State water use and management plans that were made before 25 January 2007. They are continued in operation until their expiry date or, if they do not expire, their next major review.
(2) The regulations may provide that minor, or non‑substantive, amendments of a transitional water resource plan of a kind specified in the regulations are also taken to have been accredited by the Minister under Subdivision D of Division 2 of Part 2 on the date provided for in, or determined in accordance with, the regulations.
(3) To avoid doubt and despite subsection 55(2), subsections (1) and (2) apply even if the transitional water resource plan for the water resource plan area (or the amendment) is not consistent with the Basin Plan.
244 Interim water resource plans taken to have been accredited
(1) An interim water resource plan for a water resource plan area, as in force immediately before the Basin Plan first takes effect, is taken to have been accredited by the Minister under Subdivision D of Division 2 of Part 2 on the later of the following:
(a) the day on which Part 2 commences;
(b) the day on which the interim water resource plan is made.