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Water Act 2007
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C2024C00015 (C30)
08 December 2023
-
30 May 2024
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Volume 1
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Part 1—Preliminary
1 Short title
2 Commencement
3 Objects
4 Definitions
5 Application of the Acts Interpretation Act 1901 to Parts 1A, 2A, 4, 4A, 10A and 11A
6 Planned environmental water
7 Infrastructure operators etc.
8 River flow control works
9 Constitutional basis for Act
9A Constitutional basis of Parts 1A, 2A, 4, 4A, 10A and 11A
10 Basis for Basin water charge, water trading and water market rules
11 Reading down provision in relation to the operation of sections 99 and 100 of the Constitution
12 Application to Crown etc.
12A Actions of the Murray Darling Basin Ministerial Council
13 The Native Title Act 1993 not affected
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Part 1A—The Murray Darling Basin Agreement
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Division 1—Preliminary
18A Definitions
18B Meaning of referring State
Division 2—The Murray Darling Basin Agreement
18C Amendment of Schedule 1
18D Protocols made by the Authority
Division 3—Functions, powers and duties under the Agreement
18E Additional functions, powers and duties of the Authority
18F Additional functions, powers and duties of the Basin Community Committee
18G Management of money and assets
18H Managing water access rights etc. for the Living Murray Initiative
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Part 2—Management of Basin water resources
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Division 1—Basin Plan
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Subdivision A—Introduction
19 Simplified outline
Subdivision B—Basin Plan, its purpose and contents
20 Purpose of Basin Plan
21 General basis on which Basin Plan to be developed
22 Content of Basin Plan
23 Long term average sustainable diversion limits
23A Proposing adjustments of long term average sustainable diversion limits
23B Adopting proposed adjustments as amendments of Basin Plan
24 Temporary diversion provision
25 Water quality and salinity management plan
26 Water trading and transfer rules
27 Basin Plan to be published on Authority’s website
Subdivision C—Environmental management
28 Environmental watering plan
29 Authority to consult holders and managers of environmental water in implementing environmental watering plan
30 Environmental watering schedules
31 Authority to coordinate delivery of environmental water
32 Authority to identify and account for held environmental water
Subdivision D—Effect of Basin Plan
33 Basin Plan is a legislative instrument
34 Effect of Basin Plan on Authority and other agencies of the Commonwealth
35 Effect of Basin Plan on other agencies and persons
36 Constitutional operation of section 35 (general)
37 Constitutional operation of section 35 (water trading rules)
38 Regulations may provide for exceptions
39 Obligations under both Basin Plan and water resource plans
40 Effect on State laws
Subdivision E—Procedure for making Basin Plan
41 Authority to prepare Basin Plan and give to Minister for adoption
42 Consultations by Authority in preparing Basin Plan
43 Authority to seek submissions on proposed Basin Plan
43A Authority to seek comments from Murray Darling Basin Ministerial Council on proposed Basin Plan
44 Minister may adopt Basin Plan
Subdivision F—Amendment of Basin Plan
45 Authority may prepare amendment of Basin Plan
46 Consultations by Authority in preparing amendment of Basin Plan
47 Authority to seek submissions on proposed amendment of Basin Plan
47A Authority to seek comments from Murray Darling Basin Ministerial Council on proposed amendment of Basin Plan
48 Minister may adopt amendment of Basin Plan
49 Minor or non substantive amendments of Basin Plan
49AA Amendment of the Basin Plan that is the same in effect as an amendment that has been disallowed
Subdivision G—Review of Basin Plan
49A Authority to advise Murray Darling Basin Ministerial Council on impacts of Basin Plan
50 Review of Basin Plan—general
51 Authority to prepare discussion paper and seek submissions
52 Review may lead to amendment of Basin Plan
Subdivision H—Annual analysis of Basin Plan’s effectiveness
52A Annual analysis of Basin Plan’s effectiveness
Division 2—Water resource plans for particular water resource plan areas
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Subdivision A—Introduction
53 Simplified outline
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Subdivision B—Water resource plans
54 Water resource plans for water resource plan areas
55 Content of water resource plan
56 General basis for accrediting and making water resource plans
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Subdivision C—Effect of a water resource plan
57 Water resource plan adopted under section 69 is a legislative instrument
58 Effect of water resource plan on Authority and other agencies of the Commonwealth
59 Effect of water resource plan on other agencies and bodies
60 Constitutional operation of section 59 (general)
61 Constitutional operation of section 59 (water trading rules)
62 Regulations may provide for exceptions
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Subdivision D—Accrediting water resource plans prepared by Basin States
63 Accrediting water resource plans prepared by Basin States
63A Googong Dam Area to be treated as if located in the Australian Capital Territory
64 Duration of accreditation
65 Accrediting amendments of accredited water resource plans
66 Accrediting minor or non substantive amendments of accredited water resource plans
67 Authority may assist Basin State to prepare water resource plan
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Subdivision E—Water resource plans prepared by Authority and adopted by Minister
68 Minister may request Authority to prepare water resource plan
69 Minister may adopt water resource plan
70 Duration of plan adopted under section 69
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Subdivision F—Reporting obligations
71 Reporting obligations of Basin States
Division 3—Procedures to be followed before taking step in action
72 Scope of Division
73 Procedure to be followed before exercising step in power
Division 3A—Offences and civil penalty provisions
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Subdivision A—Contraventions of laws relating to taking water from a water resource
73A Taking water when not permitted under State law—basic contravention
73B Taking water when not permitted under State law—aggravated contravention
73C Constitutional basis of sections 73A and 73B
73D Additional operation of sections 73A and 73B
73E Restrictions on taking action under Part 8 or 10AA in relation to alleged contravention of section 73A or 73B
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Subdivision B—Contraventions of the Basin Plan
73F Failing to give reasons for restricting trade of water delivery right as required by the Basin Plan
73G Failing to report price for trade of water access right as required by the Basin Plan
73H Trading water access right before water announcement made or generally available in contravention of the Basin Plan
73J Application of sections 73F to 73H
73K Additional application of section 73H
Division 3B—Audits
73L Audits
73M Responses to audit reports including recommendations that an agency take certain action
Division 4—Allocation of risks in relation to reductions in water availability
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Subdivision A—Risks arising from reductions in diversion limits
74 Simplified outline
74A States applying the risk assignment framework
75 Basin Plan to specify Commonwealth share of reduction in long term average sustainable diversion limit
76 Commonwealth to manage Commonwealth share of reduction in diversion limit
77 Payments to water access entitlement holders
77A Commonwealth may request information for the purposes of this Division
78 Applying Subdivision when transitional or interim water resource plan ends
79 Regulations
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Subdivision B—Risks arising from other changes to Basin Plan
80 Simplified outline
81 Basin Plan to specify certain matters if Plan results in change in reliability of water allocations
82 Commonwealth to manage Commonwealth share of change in reliability
83 Payments to water access entitlement holders
84 Applying Subdivision when transitional or interim water resource plan ends
85 Regulations
85A Operation of Subdivision
Division 4A—Annual progress reports relating to water recovery targets and to the Snowy Scheme
85AB Secretary to prepare annual reports
85ABA Secretary to prepare annual reports about water releases from the Snowy Scheme
Division 4B—Increasing water for environmental use by 450 gigalitres
85AC Minister must increase water for environmental use
Division 6—Reports about activities relating to Indigenous people
85E Authority must prepare annual information on consideration of Indigenous matters
85F Secretary to prepare annual reports about activities relating to Indigenous people
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Part 2AA—Water for the Environment Special Account
86AA Object of this Part
86AB Water for the Environment Special Account
86AC Credits to the Water for the Environment Special Account
86AD Purposes of the Water for the Environment Special Account
86ADA Relationship with the Financial Framework (Supplementary Powers) Act 1997
86ADB Consideration of social and economic impact of proposed water purchases relating to the 450 gigalitre target
86AE Commonwealth environmental water holdings
86AF Arrangements to make payments
86AG Amounts to be credited to the Water for the Environment Special Account
86AH Managing surplus money in the Water for the Environment Special Account—transfer to general CRF
86AI Annual report
86AJ Reviews of this Part
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Part 2A—Critical human water needs
86A Critical human water needs to be taken into account in developing Basin Plan
86B Basin Plan to provide for critical human water needs
86C Additional matters relating to monitoring, assessment and risk management
86D Additional matters relating to Tier 2 water sharing arrangements
86E Additional matters relating to Tier 3 water sharing arrangements
86F Emergency responses to the reaching of trigger points
86G Effect of this Part on Authority and other agencies of the Commonwealth
86H Effect of this Part on other agencies and persons
86J Additional powers of the Authority
86K Additional functions of the Inspector General
86L Functions and powers of the Inspector General
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Part 3—Productivity Commission inquiries
87 Productivity Commission inquiry—Basin Plan and water resource plans
88 Productivity Commission inquiry—National Water Initiative
89 Stakeholder working group
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Part 4—Basin water charge and water market rules
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Division 1—Water charge rules
91 Regulated water charges
92 Water charge rules
93 Process for making water charge rules
94 ACCC to monitor water charges and compliance
95 Minister may formulate model water charge rules
96 Transitional provisions relating to water charge rules
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Division 2—Water market rules
97 Water market rules
98 Process for making water market rules
99 ACCC to monitor transformation arrangements and compliance
100 Transitional provisions relating to water market rules
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Division 3—Miscellaneous
100A Functions and powers of the ACCC
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Part 4A—Extended operation of Basin water charge and water market rules
100B Extended operation of Basin water charge rules
100C Extended operation of Basin water market rules
100D Functions and powers of the ACCC
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Part 6—Commonwealth Environmental Water Holder
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Division 1—Establishment and functions
104 Establishment
105 Functions
106 Limitation on disposal of water and Commonwealth environmental water holdings
107 Limitation on directions to Commonwealth Environmental Water Holder
108 Meaning of Commonwealth environmental water holdings
109 Operating rules
110 Application of State laws to the Commonwealth Environmental Water Holder
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Division 2—Environmental Water Holdings Special Account
111 Establishment of the Environmental Water Holdings Special Account
112 Credits of amounts to the Account
113 Purpose of the Account
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Division 3—Reporting requirements
114 Annual report
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Division 4—Appointment, staff and delegation
115 Appointment
116 Staff
117 Delegation
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Part 7—Water information
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Division 1—Application of this Part
118 Geographical application of this Part
119 Application of this Part limited to certain legislative powers
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Division 2—Functions and powers of the Bureau and Director of Meteorology
120 Additional functions of the Bureau
121 Contents of the National Water Account
122 Publishing water accounts
123 Publishing water information
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Division 3—Water information
124 Object of this Division
125 Meaning of water information etc.
126 Giving of water information to the Bureau
127 Director of Meteorology may require water information
128 Prohibitions on disclosure of information do not apply
129 Ownership etc. of information unaffected by its disclosure
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Division 4—National Water Information Standards
130 National Water Information Standards
131 Adoption of other standards
132 Consultations in preparing National Water Information Standards
133 Compliance notices
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Division 5—Miscellaneous
134 Delegation by Director of Meteorology
135 Directions by Minister
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Part 8—Enforcement
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Division 1—Preliminary
136 Contraventions to which this Part applies
137 Appropriate enforcement agency for contraventions to which this Part applies
138 References to Court
139 Jurisdiction of Federal Circuit and Family Court of Australia (Division 2)
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Division 2—Injunctions
140 Grant of injunctions
141 Discharge or variation of injunctions
142 Certain considerations for granting injunctions not relevant
143 Powers conferred are in addition to other powers of the Court
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Division 3—Declarations
144 Declarations of contravention
145 Discharge or variation of declarations
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Division 4—Civil penalties
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Subdivision A—Civil penalty orders
146 Civil penalty provisions
147 Court may order person to pay pecuniary penalty for contravening civil penalty provision
148 Multiple contraventions
148A Proceedings may be heard together
149 Civil evidence and procedure rules for pecuniary penalty orders
150 Recovery of a pecuniary penalty
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Subdivision B—Civil penalty proceedings and criminal proceedings
151 Civil proceedings after criminal proceedings
152 Criminal proceedings during civil proceedings
153 Criminal proceedings after civil proceedings
154 Evidence given in proceedings for penalty not admissible in criminal proceedings
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Subdivision C—Miscellaneous
154A Ancillary contravention of civil penalty provisions
154B Continuing contraventions of civil penalty provisions
154C State of mind
154D Mistake of fact
154E Exceptions etc. to civil penalty provisions—burden of proof
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Division 5—Infringement notices
155 Object
155A Relevant chief executive
156 When an infringement notice can be given
157 Matters to be included in an infringement notice
158 Extension of time to pay amount
159 Withdrawal of an infringement notice
160 Paying the penalty in accordance with the notice
161 Effect of this Division on civil proceedings
162 Regulations
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Division 6—Enforceable undertakings
163 Acceptance of undertakings relating to contraventions to which this Part applies
164 Enforcement of undertakings
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Division 7—Enforcement notices
165 Inspector General may issue an enforcement notice
166 Failing to comply with enforcement notice
167 Discharge or variation of enforcement notices
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Division 7A—Public warning notices
167A Inspector General may issue public warning notice
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Division 8—Liability of executive officers of corporations
168 Civil penalties for executive officers of bodies corporate
169 Did an executive officer take reasonable steps to prevent contravention?
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Division 9—Conduct of directors, employees and agents
170 Conduct of directors, employees and agents
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Division 10—General rules about offences and civil penalty provisions
170A Physical elements of offences
170B Contravening an offence provision or a civil penalty provision
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Part 9—Murray Darling Basin Authority (administrative provisions)
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Division 1—Authority’s establishment, functions, powers and liabilities
171 Establishment
172 Authority’s functions
173 Authority’s powers
174 Amounts payable by the Commonwealth
175 Minister may give directions to Authority
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Division 2—Authority’s constitution and membership
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Subdivision A—Authority’s constitution
176 Authority’s constitution
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Subdivision B—Authority’s membership
177 Authority’s membership
178 Appointment of Authority members
179 Period of appointment for Authority members
180 Acting Authority members
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Subdivision C—Terms and conditions for Authority members
181 Remuneration
182 Disclosure of interests
185 Outside employment
186 Member of the governing body of a relevant interest group
187 Leave of absence
188 Resignation
189 Termination of appointment
190 Other terms and conditions
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Division 3—Decision making and delegation by Authority
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Subdivision A—Meetings
191 Holding of meetings
192 Presiding at meetings
193 Quorum
194 Decisions at meetings etc.
195 Conduct of meetings
196 Minutes
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Subdivision B—Decisions without meetings
197 Decisions without meetings
198 Record of decisions
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Subdivision C—Delegation
199 Delegation by Authority
200 Limits on how some functions and powers can be delegated
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Subdivision D—Basin Officials Committee
201 Basin Officials Committee
201A Appointment of Chair of the Basin Officials Committee
201B Acting Chair of the Basin Officials Committee
201C Period of appointment for Chair of the Basin Officials Committee
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Subdivision E—Other advisory committees
202 Basin Community Committee
203 Other advisory committees
204 Appointments to advisory committees
205 Procedural matters
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Division 4—Authority’s staff etc.
206 Staff
207 Persons assisting Authority
208 Chief Executive not to be directed about certain matters
208A Chief Executive is accountable authority
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Division 5—Finance and reporting requirements
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Subdivision A—Murray Darling Basin Special Account
209 Murray Darling Basin Special Account
210 Credits to the Account
211 Purposes of the Account
211A Operation of earlier transitional provision
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Subdivision B—Authority may charge fees
212 Fees
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Subdivision C—Exemption from taxation and charges etc.
213 Exemption from taxation and charges etc.
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Subdivision CA—Corporate plan
213A Corporate plan
213B Variation of corporate plan
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Subdivision D—Reporting requirements
214 Annual report
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Division 6—Confidentiality
215 Protection of confidential information
215A Disclosure of information to the Minister or the Secretary of the Department
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Part 9A—Inspector General of Water Compliance (administrative provisions)
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Division 1—Inspector General of Water Compliance: establishment and functions
215B Inspector General of Water Compliance
215C Functions of the Inspector General
215D Minister may give directions to Inspector General
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Division 2—Annual work plans
215E Inspector General must prepare annual work plan
215F Review of annual work plan
215G Variation of annual work plan
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Division 3—Administrative provisions
215J Appointment
215JA Acting appointments
215K Term of office
215KA Application of finance law
215L Remuneration
215LA Leave of absence for Inspector General
215M Engaging in other paid work
215N Disclosure of interests
215P Other terms and conditions
215Q Resignation
215R Termination of appointment
215S Staff and persons assisting the Inspector General
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Division 4—Advisory panels
215T Advisory panels
215TA Appointment of advisory panels
215TB Procedural matters
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Division 5—Confidentiality
215U Protection of confidential information
215UA Disclosure of information to the Authority, the Minister or the Secretary of the Department
215UB Disclosure for purposes of enforcement or administration of Commonwealth or State laws
215UC Commonwealth agency may disclose information to the Inspector General
215UD Information disclosed must not identify individual who wishes to remain anonymous
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Division 6—Guidelines and standards
215V Inspector General may issue guidelines
215VA Inspector General may issue standards relating to measuring water taken from Basin water resources and data related to water trading
215VB Consultation in preparing guidelines or standards
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Division 7—Miscellaneous
215W Delegation
215X Protection from liability
215Y Annual report
215Z Review of the role of the Inspector General
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Part 10—Murray Darling Basin Authority (special powers)
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Division 2—Entry onto land etc.
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Subdivision A—Authorised officers
217 Appointment of authorised officers
218 Identity cards
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Subdivision B—Powers to enter land etc.
219 When authorised officers can enter premises
220 Obligations of authorised officers before entering premises
221 Powers of authorised officers while on premises
222 Duties of authorised officers
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Subdivision C—Other matters
222A Privilege against self incrimination and legal professional privilege not abrogated
222B Occupier entitled to be present during entry
222C Obstructing authorised officers
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Division 3—Information gathering
222D Power to require information
222E Prohibitions on disclosure of information do not apply
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Part 10AA—Inspector General of Water Compliance (special powers)
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Division 1—Entry onto land etc.
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Subdivision A—Authorised compliance officers
222G Appointment of authorised compliance officers
222H Identity cards
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Subdivision B—Powers to enter land etc. for compliance purposes
223 Entering premises to monitor compliance
223A Securing evidence of a contravention
223B Asking questions and seeking production of documents
224 Entering premises to search for evidential material
224A Asking questions and seeking production of documents
225 Monitoring warrants
226 Investigation warrants
227 Investigation warrants by telephone, telex, fax etc.
227A Persons assisting authorised compliance officers
229 Obligations of authorised compliance officers—entry by consent
230 Obligations of authorised compliance officers—entry by warrant
231 Use of equipment at premises
232 Expert assistance to operate equipment at premises
232A Extension of periods in which things secured
233 Compensation for damage
233A Completing execution of warrant after temporary cessation
233B Completing execution of warrant stopped by court order
233C Responsibility to provide facilities and assistance
233D Copies of seized things to be provided
233E Receipts for seized things
233F Return of seized things
233G Magistrate may permit a thing to be retained
233H Disposal of things
234 Offences relating to warrants
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Subdivision C—Powers of magistrates
235 Powers of magistrates
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Subdivision D—Other matters
236 Division not to abrogate privilege against self incrimination or legal professional privilege
237 Occupier entitled to be present during entry
237A Obstructing authorised compliance officers
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Division 3—Information gathering
238 Power to require information
239 Prohibitions on disclosure of information do not apply
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Part 10AB—Inspector General of Water Compliance (inquiry powers)
239AA Inspector General may conduct inquiry
239AB Terms of reference for inquiry
239AC Inspector General may require person to give information for the purpose of certain inquiries
239AD Inspector General may require person to appear to answer questions for the purpose of certain inquiries
239AE Reports by Inspector General
239AF Responses to inquiry reports including recommendations that an agency take certain action
239AG Including criticism in reports
239AH Privilege against self incrimination and legal professional privilege not abrogated
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Part 10A—Transitional matters relating to the Murray Darling Basin Commission
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Division 1—Preliminary
239A Definitions
239B Application of this Part
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Division 2—Assets, liabilities and legal proceedings
239C Vesting of assets of Murray Darling Basin Commission
239D River Murray Operations assets unaffected
239E Living Murray Initiative assets unaffected
239F Vesting of liabilities of Murray Darling Basin Commission
239G Certificates relating to vesting of land etc.
239H Certificates relating to vesting of assets other than land etc.
239J Substitution of Authority as a party to pending proceedings
239K Rights to sue President or Commissioner become rights to sue Authority
239L President’s or Commissioner’s rights to sue become rights of Authority
239M Transfer of custody of Murray Darling Basin Commission records
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Division 3—Effect on instruments and things done
239N References in certain instruments to Murray Darling Basin Commission etc.
239P Things done by, or in relation to, the Murray Darling Basin Commission etc. under Acts and instruments
239Q Things done under the former MDB Agreement
239R Continuation of committees established by Murray Darling Basin Commission
239S Continuation of Murray Darling Basin Commission’s corporate plan
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Division 4—Financial matters
239T Financial matters
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Division 5—Miscellaneous
239U Exemption from stamp duty and other State or Territory taxes
239V Certificates taken to be authentic
239W Regulations
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Volume 2
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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
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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
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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
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Schedule 2—Basin water charging objectives and principles
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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
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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
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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
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Schedule 10—Transitional provisions relating to amendments
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Part 1—Transitional provisions relating to the Water Amendment Act 2018
1 Application of amendments
2 Transitional
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Part 2—Transitional provisions relating to the Water Legislation Amendment (Inspector General of Water Compliance and Other Measures) Act 2021
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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