(2) The regulations may provide that minor, or non‑substantive, amendments of an interim 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 interim water resource plan for the water resource plan area is not consistent with the Basin Plan.
245 Operation of transitional water resource plans and interim water resource plans
(1) This section applies in relation to a water resource plan area while a transitional water resource plan, or an interim water resource plan, for the water resource plan area has effect.
(2) The transitional water resource plan, or the interim water resource plan, prevails over the Basin Plan to the extent to which:
(a) the transitional water resource plan, or the interim water resource plan, relates to the water resource plan area; and
(b) there is an inconsistency between the provisions of the transitional water resource plan, or the interim water resource plan, and the Basin Plan.
(3) The obligation that a person or body has under section 34 or 35 is subject to any inconsistent provisions in the transitional water resource plan or interim water resource plan.
(4) Subsection (2) has effect subject to subsection 246(3).
246 Amendment of transitional water resource plans and interim water resource plans
(1) This section applies if a Basin State gives the Authority a proposed amendment of a transitional water resource plan, or an interim water resource plan, for a water resource plan area under subsection 65(2).
(2) Subsection 65(6) does not apply to the Minister’s decision whether to accredit the amendment under Subdivision D of Division 2 of Part 2.
(3) The Minister must accredit the amendment under Subdivision D of Division 2 of Part 2 if the Minister is satisfied that the amendment would make the transitional water resource plan or the interim water resource plan no less consistent with the Basin Plan.
247 Authority may provide assistance
The Authority may provide assistance to a Basin State in relation to the following:
(a) a review of a transitional water resource plan, or an interim water resource plan, for a water resource plan area in the Basin State;
(b) amendments of a transitional water resource plan, or an interim water resource plan, for a water resource plan area in the Basin State following a review of the plan.
Part 11A—Interactions with State laws
250A Meaning of Commonwealth water legislation
In this Act:
Commonwealth water legislation means this Act, the regulations or any other instrument made under this Act.
250B Concurrent operation intended
(1) The Commonwealth water legislation is not intended to exclude or limit the concurrent operation of any law of a State.
(2) If:
(a) an act or omission of a person is both an offence against the Commonwealth water legislation and an offence against the law of a State; and
(b) the person is convicted of either of those offences;
the person is not liable to be convicted of the other of those offences.
(3) This section does not apply to a law of a State if there is a direct inconsistency between the Commonwealth water legislation and that law of a State.
Note: Section 250D avoids direct inconsistency arising in some cases by limiting the operation of the Commonwealth water legislation.
250C Commonwealth water legislation does not apply to matters declared by law of referring State to be excluded matters
(1) Subsection (2) applies if a provision of a law of a referring State declares a matter to be an excluded matter for the purposes of this section in relation to:
(a) the whole of the Commonwealth water legislation; or
(b) a specified provision of the Commonwealth water legislation; or
(c) the Commonwealth water legislation other than a specified provision; or
(d) the Commonwealth water legislation otherwise than to a specified extent.
(2) By force of this subsection:
(a) none of the provisions of the Commonwealth water legislation (other than this section) applies in or in relation to the State with respect to the matter if the declaration is one to which paragraph (1)(a) applies; and
(b) the specified provision of the Commonwealth water legislation does not apply in or in relation to the State with respect to the matter if the declaration is one to which paragraph (1)(b) applies; and
(c) the provisions of the Commonwealth water legislation (other than this section and the specified provisions) do not apply in or in relation to the State with respect to the matter if the declaration is one to which paragraph (1)(c) applies; and
(d) the provisions of the Commonwealth water legislation (other than this section and otherwise than to the specified extent) do not apply in or in relation to the State with respect to the matter if the declaration is one to which paragraph (1)(d) applies.
(3) Subsection (2) does not apply to the declaration to the extent to which the regulations provide that that subsection does not apply to that declaration.
(4) In this section:
matter includes act, omission, body, person or thing.
250D Avoiding direct inconsistency arising between the Commonwealth water legislation and laws of referring States
Section overrides other provisions of the Commonwealth water legislation
(1) This section has effect despite anything else in the Commonwealth water legislation.
Section does not deal with provisions capable of concurrent operation
(2) This section does not apply to a provision of a law of a referring State that is capable of concurrent operation with the Commonwealth water legislation.
Note: This kind of provision is dealt with by section 250B.
When this section applies to a provision of a State law
(3) This section applies to the interaction between a provision (the State provision) of a law of a referring State and a provision (the Commonwealth provision) of the Commonwealth water legislation only if the State provision is declared by a law of the State to be a Commonwealth water legislation displacement provision for the purposes of this section (either generally or specifically in relation to the Commonwealth provision).
State provision specifically permitting, authorising or requiring act or thing to be done
(4) The Commonwealth provision does not:
(a) prohibit the doing of an act; or
(b) impose a liability (whether civil or criminal) for doing an act;
if the State provision specifically permits, authorises or requires the doing of that act.
Other cases
(5) The Commonwealth provision does not operate in or in relation to the State to the extent necessary to ensure that no inconsistency arises between:
(a) the Commonwealth provision; and
(b) the State provision to the extent to which the State provision would, but for this subsection, be inconsistent with the Commonwealth provision.
Note 1: The State provision is not covered by this subsection if subsection (4) applies to the State provision: if that subsection applies there would be no potential inconsistency to be dealt with by this subsection.
Note 2: The operation of the State provision will be supported by section 250B to the extent to which it can operate concurrently with the Commonwealth provision.
(6) Subsections (4) and (5) do not apply in relation to the State provision to the extent to which the regulations provide that those subsections do not apply in relation to the State provision.
250E Regulations may modify operation of the Commonwealth water legislation to deal with interaction between that legislation and laws of referring States
(1) The regulations may modify the operation of the Commonwealth water legislation so that:
(a) provisions of the Commonwealth water legislation do not apply to a matter that is dealt with by a law of a referring State specified in the regulations; or
(b) no inconsistency arises between the operation of a provision of the Commonwealth water legislation and the operation of a provision of a law of a referring State specified in the regulations.
(2) Without limiting subsection (1), regulations made for the purposes of that subsection may provide that a provision of the Commonwealth water legislation:
(a) does not apply to:
(i) a person specified in the regulations; or
(ii) a body specified in the regulations; or
(iii) circumstances specified in the regulations; or
(iv) a person or body specified in the regulations in the circumstances specified in the regulations; or
(b) does not prohibit an act to the extent to which the prohibition would otherwise give rise to an inconsistency with a law of a referring State; or
(c) does not require a person to do an act to the extent to which the requirement would otherwise give rise to an inconsistency with a law of a referring State; or
(d) does not authorise a person to do an act to the extent to which the conferral of that authority on the person would otherwise give rise to an inconsistency with a law of a referring State; or
(e) does not impose an obligation on a person to the extent to which complying with that obligation would require the person not to comply with an obligation imposed on the person under a law of a referring State; or
(f) authorises a person to do something for the purposes of the Commonwealth water legislation that the person:
(i) is authorised to do under a law of a referring State; and
(ii) would not otherwise be authorised to do under the Commonwealth water legislation; or
(g) will be taken to be satisfied if a law of a referring State is satisfied.
(3) In this section:
matter includes act, omission, body, person or thing.
Part 12—Miscellaneous
251 Delegation by Minister
General power to delegate
(1) The Minister may, by writing, delegate any or all of the Minister’s functions and powers under this Act, the regulations or the Basin Plan to:
(a) the Secretary of the Department; or
(b) an SES employee, or acting SES employee, in the Department.
(2) Subsection (1) does not apply to:
(a) the power to adopt the Basin Plan under section 44; or
(b) the power to adopt an amendment of the Basin Plan under subsection 23B(6) or section 48 or 49AA; or
(ba) the power to give a direction under subsection 49AA(1); or
(c) the power to accredit a water resource plan under section 63; or
(d) the power to accredit an amendment of a water resource plan under section 65; or
(e) the power to adopt a water resource plan under section 69; or
(ea) the power to enter into an arrangement under subsection 86AF(1) that contains, or is to contain, terms and conditions referred to in subsection 86AF(2); or
(f) the power to make water charge rules under section 92; or
(g) the power to make water market rules under section 97; or
(h) the power to give a consent under paragraph 172(1)(l); or
(i) the power to give a direction under section 175; or
(j) the power to make operating rules under section 109; or
(k) the power to give directions to the Inspector‑General under section 215D.
Directions
(3) A delegate under subsection (1) must comply with any written directions of the Minister.
252 Instruments not invalid for failure to publish on website
If a provision of this Act requires an instrument under this Act to be published on a website, the instrument is not invalid merely because of a failure to comply with that requirement.
252A Dataset for Murray‑Darling Basin to be publicly available
The Commonwealth must make a copy of the dataset referred to in the definition of Murray‑Darling Basin in section 18A available on the Department’s website.
253 Review of operation of Act
(1) Before the end of 2027, the Minister must cause to be conducted a review of:
(a) the operation of this Act; and
(b) the extent to which the objects of this Act have been achieved.
(1A) The review must also identify opportunities under this Act to promote the principles set out in the United Nations Declaration on the Rights of Indigenous Peoples, being the Resolution adopted by the General Assembly of the United Nations on 13 September 2007.
Note: The text of United Nations General Assembly resolutions could in 2023 be accessed through the United Nations’ website (https://www.un.org).
(2) The terms of reference for the review are to be determined by the Minister in consultation with the States.
(3) The review must be undertaken in consultation with the States.
(4) The Minister must cause to be prepared a written report of the review.
(5) 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 its receipt by the Minister.
254 Compensation for acquisition of property
(1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
(3) In this section:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
255 Act does not authorise compulsory acquisition of water access rights
To avoid doubt, nothing in:
(a) this Act; or
(b) the regulations; or
(c) any other instrument made under this Act;
authorises or allows the Commonwealth, the Authority, the Commonwealth Environmental Water Holder or any other agency of the Commonwealth to compulsorily acquire a water access right or an interest in a water access right.
255A Application of water charge rules in Basin States that are not referring States
(1) If a Basin State is not a referring State, water charge rules apply in the State to a regulated water charge if one or more of the paragraphs in subsection (2) are satisfied.
(2) This subsection applies if:
(a) the person imposing the charge, or making the demand, is a constitutional corporation; or
(b) the person on whom the charge is imposed, or from whom the charge is demanded, is a constitutional corporation; or
(c) the charge is imposed, or payment of the charge is demanded, in the course of trade and commerce between the States or between a State and a Territory; or
(d) the person who imposes, or demands payment of, the charge does so in a Territory; or
(e) the charge relates to:
(i) a water resource in a Territory; or
(ii) water service infrastructure in a Territory; or
(iii) tradeable water rights in relation to a water resource in a Territory; or
(f) the charge is imposed, or payment of the charge is demanded, using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution).
(3) Subsection (2), and the paragraphs of that subsection, do not limit the operation (if any) that the water charge rules validly have apart from this section.
255B Application of water market rules in Basin States that are not referring States
(1) If a Basin State is not a referring State, water market rules apply in the State to an act, or a failure to do an act, by an infrastructure operator that has an effect on:
(a) the ability of a person who holds an irrigation right against the operator to obtain a water access entitlement; or
(b) the ability of a person who held an irrigation right against the operator to trade or transfer a water access entitlement;
if one or more of the paragraphs in subsection (2) are satisfied.
(2) This subsection applies if:
(a) the infrastructure operator or the person who holds, or held, the irrigation right is a constitutional corporation; or
(b) the act is done, or the failure to do the act occurs, in the course of trade and commerce between the States or between a State and a Territory; or
(c) the act is done, or the failure to do the act occurs, in a Territory; or
(d) the water access right, or the irrigation right, relates to a water resource in a Territory; or
(e) the act is done, or the failure to do the act occurs, using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution).
(3) Subsection (2), and the paragraphs of that subsection, do not limit the operation (if any) that the water market rules validly have apart from this section.
255C Transitional provisions relating to amendments
Schedule 10 has effect.
256 Regulations
(1) The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting subsection (1), the regulations may make provision in relation to matters of a transitional nature (including the prescription of any saving or application provision) relating to:
(a) the amendments or repeals made by this Act; or
(b) the enactment of this Act.
(3) Regulations made for the purposes of Part 7 or Part 7A may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification (including any omission, addition or substitution), any matter contained in a written instrument or other document:
(a) as in force or existing at a particular time; or
(b) as in force or existing from time to time;
even if the written instrument or other document does not yet exist when the regulations are made.
(4) Subsection (3) has effect despite subsection 14(2) of the Legislation Act 2003.