10.1.3 Commonwealth undertakes to use its best endeavours to enact legislation to amend Division 4 of Part 2 of the Water Act so that:
In respect of those Basin States who choose to apply the National Water Initiative risk assignment framework:
a) the Commonwealth’s share of a reduction in a long‑term average sustainable diversion limit includes, in any 10 year period, all of the new knowledge components of the reductions that exceed three per cent of the relevant diversion limit; and
b) for a water resource plan area in the Murray‑Darling Basin with a transitional or interim water resource plan, the Commonwealth will take responsibility for its share of the new knowledge component of a reduction in the long‑term average sustainable diversion limit for the water resources of that plan area arising after the transitional or interim water resource plan ceases to have effect.
Schedule 4—Transitional water resource plans
Note: See section 241.
Transitional water resource plans
Item Plan (Basin State) Date plan ceases to have effect
1 Water Resource (Warrego, Paroo, Bulloo and Nebine) Plan 2003 (Queensland) 1 September 2014
2 Water Resource (Moonie) Plan 2003 (Queensland) 1 September 2014
3 Water Resource (Border Rivers) Plan 2003 (Queensland) 1 September 2014
4 Water Resource (Condamine and Balonne) Plan 2004 (Queensland) 1 September 2014
5 Angas Bremer Prescribed Wells Area Water Allocation Plan (South Australia) 2 January 2013
6 Mallee Prescribed Wells Area Water Allocation Plan (South Australia) 21 December 2012
7 River Murray Prescribed Watercourse Water Allocation Plan (South Australia) 1 July 2014
8 Noora Prescribed Wells Area Water Allocation Plan (South Australia) 2 January 2013
9 Tenterfield Creek Water Source 2003—Water Sharing Plan (New South Wales) 1 July 2014
10 Macquarie and Cudgegong Regulated Rivers Water Source 2003—Water Sharing Plan (New South Wales) 1 July 2014
11 Castlereagh River above Binnaway Water Source 2003—Water Sharing Plan (New South Wales) 1 July 2014
12 Lower Macquarie Groundwater Sources 2003—Water Sharing Plan (New South Wales) 30 June 2017
13 Gwydir Regulated River Water Source 2002—Water Sharing Plan (New South Wales) 1 July 2014
14 Rocky Creek, Cobbadah, Upper Horton and Lower Horton Water Source 2003—Water Sharing Plan (New South Wales) 1 July 2014
15 Lower Gwydir Groundwater Source 2003—Water Sharing Plan (New South Wales) 30 June 2017
16 Lachlan Regulated River Water Source 2003—Water Sharing Plan (New South Wales) 1 July 2014
17 Mandagery Creek Water Source 2003—Water Sharing Plan (New South Wales) 1 July 2014
18 New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2003—Water Sharing Plan (New South Wales) 1 July 2014
19 Upper Billabong Water Source 2003—Water Sharing Plan (New South Wales) 1 July 2014
20 Lower Murray Groundwater Source—Water Sharing Plan (New South Wales) 30 June 2017
21 Murrumbidgee Regulated River Water Source 2003—Water Sharing Plan (New South Wales) 1 June 2014
22 Adelong Creek Water Source 2003—Water Sharing Plan (New South Wales) 1 June 2014
23 Tarcutta Creek Water Source 2003—Water Sharing Plan (New South Wales) 1 July 2014
24 Lower Murrumbidgee Groundwater Sources 2003—Water Sharing Plan (New South Wales) 30 June 2017
25 Upper Namoi and Lower Namoi Regulated River Water Sources 2003—Water Sharing Plan (New South Wales) 1 July 2014
26 Phillips Creek, Mooki River, Quirindi Creek and Warrah Creek Water Sources 2003—Water Sharing Plan (New South Wales) 1 July 2014
27 Upper and Lower Namoi Groundwater Sources 2003—Water Sharing Plan (New South Wales) 30 June 2017
Schedule 10—Transitional provisions relating to amendments
Note: See section 255C.
Part 1—Transitional provisions relating to the Water Amendment Act 2018
1 Application of amendments
The amendments made by Schedule 1 to the Water Amendment Act 2018 apply whether the earlier amendment of the Basin Plan was disallowed (or is taken to have been disallowed) under subsection 42(1) or (2) of the Legislation Act 2003 before, at or after the commencement of that Schedule.
Note: For the earlier amendment of the Basin Plan, see paragraph 49AA(1)(a) of this Act.
2 Transitional
(1) This clause applies if the Minister gives a direction under section 49AA for the Authority to prepare an amendment of the Basin Plan that is the same in effect as the Basin Plan Amendment Instrument 2017 (No. 1).
(2) For the purposes of (and without limiting) that section, including in the amendment one or more of the following changes does not prevent the amendment from being the same in effect as the Basin Plan Amendment Instrument 2017 (No. 1):
(a) an additional requirement in the definition of re‑allocation adjustment request in section 6.05 (as substituted by the amendment) of the Basin Plan that a request made before that substitution should be expressed to be made in anticipation of that substitution;
(b) an additional requirement in subsection 6.05(13) (as substituted by the amendment) of the Basin Plan that requires the Authority to publish on its website variations to the SDL resource unit shared reduction amounts for SDL resource units in the relevant zones;
(c) a change to section 7.14A (as inserted by the amendment) to reflect that the initial adjustments proposed in 2017 (as required by section 7.10 of the Basin Plan) have already occurred.
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
Subsection 18C(2A) of this Act, as inserted by item 2 of Schedule 3 to the Water Legislation Amendment (Inspector‑General of Water Compliance and Other Measures) Act 2021, applies:
(a) in relation to regulations made after the commencement of that subsection; and
(b) in relation to regulations made before the commencement of that subsection as if that subsection had been in force when the regulations were made.
Division 2—Other amendments
2 Definitions
In this Division:
commencement day means the day Schedule 1 to the Water Legislation Amendment (Inspector‑General of Water Compliance and Other Measures) Act 2021 commences.
3 Appropriate enforcement agency
The amendment of paragraph 137(a) of this Act made by item 19 of Schedule 1 to the Water Legislation Amendment (Inspector‑General of Water Compliance and Other Measures) Act 2021 applies in relation to contraventions occurring before, on or after the commencement day.
4 Legal proceedings involving the Murray‑Darling Basin Authority
(1) If, immediately before the commencement day:
(a) the Murray‑Darling Basin Authority was a party to proceedings pending in any court or tribunal; and
(b) the proceedings:
(i) were brought as permitted by Part 8 of the Act, as in force before the commencement day; or
(ii) related to the exercise of powers under Part 10 of the Act, as in force before the commencement day;
the Inspector‑General of Water Compliance is substituted for the Murray‑Darling Basin Authority as a party to the proceedings on and after that day.
(2) Subclause (1) does not apply in relation to pending proceedings relating to the payment of compensation to a person under section 233 or 254 of this Act arising from the exercise of powers under Part 10 of this Act, as in force before the commencement day.
5 Enforceable undertakings
If:
(a) before the commencement day, the Authority had accepted an undertaking given by a person under section 163 of this Act; and
(b) the undertaking had not been withdrawn or cancelled before that day;
then the undertaking continues to have effect on and after the commencement day as if it were an undertaking accepted by the Inspector‑General under that section.
6 Enforcement notices
(1) The amendments of section 165 of this Act made by items 36 to 42 of Schedule 1 to the Water Legislation Amendment (Inspector‑General of Water Compliance and Other Measures) Act 2021 apply in relation to contraventions, conduct and omissions occurring before, on or after the commencement day.
(2) Section 166 of this Act, as substituted by item 43 of Schedule 1 to the Water Legislation Amendment (Inspector‑General of Water Compliance and Other Measures) Act 2021, applies in relation to a contravention of a notice that is given under subsection 165(2) of this Act on or after the commencement day.
(3) The amendment of section 167 of this Act made by item 44 of Schedule 1 to the Water Legislation Amendment (Inspector‑General of Water Compliance and Other Measures) Act 2021 applies in relation to a notice given under section 165 of this Act before, on or after the commencement day.
7 Public warning notices
Section 167A of this Act applies in relation to conduct occurring on or after the commencement day.
8 Offences and civil penalty provisions
(1) An offence provision or a civil penalty provision that was inserted into this Act by Schedule 1 to the Water Legislation Amendment (Inspector‑General of Water Compliance and Other Measures) Act 2021 applies in relation to an act or omission that occurs on or after the commencement day.
(2) An offence provision or a civil penalty provision, as amended by Schedule 1 to the Water Legislation Amendment (Inspector‑General of Water Compliance and Other Measures) Act 2021, applies in relation to an act or omission that occurs on or after the commencement day.
9 Credits to the Murray‑Darling Basin Special Account
The amendment of paragraph 210(1)(i) of this Act made by item 59 of Schedule 1 to the Water Legislation Amendment (Inspector‑General of Water Compliance and Other Measures) Act 2021 applies in connection with the performance of the Authority’s functions under this Act or the regulations on or after the commencement day.
10 Disclosure of information by the Authority
Section 215A of this Act applies in relation to information obtained before, on or after the commencement day.
11 Inquiry may relate to matters occurring before, on or after commencement day
The Inspector‑General may conduct an inquiry under section 239AA of this Act for the purpose of performing the function referred to in paragraph 215C(1)(a), (b) or (c) of this Act in relation to the performance of functions or obligations, exercise of powers or implementation of commitments referred to in those paragraphs by agencies of the Commonwealth, or agencies of the Basin States, before, on or after the commencement day.
12 Inspector‑General’s first annual work plan
For the purposes of subsection 215E(1) of the Act, the Inspector‑General must prepare a work plan for the financial year that includes the commencement day within 3 months after the commencement day.
13 Inspector‑General’s compliance powers
(1) The powers conferred on the Inspector‑General by Subdivision B of Division 1 of Part 10AA of this Act may be exercised in relation to contraventions or acts or omissions occurring before, on or after the commencement day.
(2) Subclause (1) has effect subject to clause 8 of this Schedule.
14 Declaration by the Authority before commencement day relating to restrictions on trading water access right
(1) If:
(a) a declaration was made by the Authority under subsection 12.20(1) of the Basin Plan before the commencement day; and
(b) the declaration was in force immediately before that day;
the declaration continues in force on and after that day as if it had been made by the Inspector‑General under that subsection.
(2) If:
(a) before the commencement day, a Basin State had, under paragraph 12.20(1)(a) of the Basin Plan, requested the Authority to make a declaration; and
(b) no decision on the request had been made before the commencement day;
the request is taken, on and after the commencement day, to be a request made under paragraph 12.20(1)(a) of the Basin Plan to the Inspector‑General to make the declaration.
15 Declaration by the Authority before commencement day permitting application of exchange rate to trade of water access entitlement
(1) If:
(a) a declaration was made by the Authority under subsection 12.22(3) of the Basin Plan before the commencement day; and
(b) the declaration was in force immediately before that day;
the declaration continues in force on and after that day as if it had been made by the Inspector‑General under that subsection.
(2) If:
(a) before the commencement day, a Basin State had, under subsection 12.22(2) of the Basin Plan, requested the Authority to make a declaration; and
(b) no decision on the request had been made before the commencement day;
the request is taken, on and after the commencement day, to be a request made under subsection 12.22(2) of the Basin Plan to the Inspector‑General to make the declaration.
16 Audits
Inspector‑General may conduct audit to assess compliance occurring before, on or after commencement day
(1) The Inspector‑General may conduct an audit under section 73L of this Act to assess the extent of compliance with the Basin Plan or water resource plans occurring before, on or after the commencement day.
Audits to assess compliance with Basin Plan in progress before commencement day
(2) If:
(a) an audit was being conducted under Division 3 of Part 3 of Chapter 13 of the Basin Plan before the commencement day; and
(b) the audit had not been completed before that day;
then, despite the repeal of Division 3 of Part 3 of Chapter 13 and section 13.20 of the Basin Plan (the Basin Plan audit provisions) by items 18 and 20 of Schedule 2 to the Water Legislation Amendment (Inspector‑General of Water Compliance and Other Measures) Act 2021, the Basin Plan audit provisions continue to apply on and after the commencement day in relation to the audit.
(3) Subsection 73M(2) of this Act applies in relation to an audit that is completed after the commencement day under Division 3 of Part 3 of Chapter 13 of the Basin Plan (as that Division continues to apply because of subclause (2) of this clause) if:
(a) a report setting out the findings of the audit and any recommendations arising from the audit is published under section 13.20 of the Basin Plan (as that section continues to apply because of subclause (2) of this clause); and
(b) the report includes a recommendation that an agency of the Commonwealth, or an agency of a State or Territory, take certain action.
17 Regulations may provide for other transitional matters relating to the Inspector‑General
The regulations may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to:
(a) the establishment of the Inspector‑General; and
(b) the transfer of functions from the Authority to the Inspector‑General.
Part 3—Application provision relating to the Water Amendment (Restoring Our Rivers) Act 2023
1 Application of amendments
The amendments of sections 177, 178 and 180 made by Part 6 of Schedule 1 to the Water Amendment (Restoring Our Rivers) Act 2023 apply in relation to appointments made on or after the commencement of that Schedule.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.