Water Legislation Amendment (Sustainable Diversion Limit Adjustment) Act 2016

No. 72, 2016

An Act to amend the Basin Plan 2012 in relation to the notification of supply and efficiency measures for the adjustment of the long‑term average sustainable diversion limits, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Basin Plan 2012

Water Legislation Amendment (Sustainable Diversion Limit Adjustment) Act 2016

No. 72, 2016

An Act to amend the Basin Plan 2012 in relation to the notification of supply and efficiency measures for the adjustment of the long‑term average sustainable diversion limits, and for related purposes

[Assented to 23 November 2016]

The Parliament of Australia enacts:

1  Short title

  This Act is the Water Legislation Amendment (Sustainable Diversion Limit Adjustment) Act 2016.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

 (1) Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

 (2) The amendment of the Basin Plan 2012 under subsection (1) does not prevent the Murray‑Darling Basin Authority from preparing an amendment of the Basin Plan 2012, as so amended, under section 23B or 45 of the Water Act 2007.

Schedule 1—Amendments

Basin Plan 2012

1  Chapter 7 (note to Chapter heading)

Omit:

 Under Part 2, the Authority can propose adjustments to surface water SDLs if certain additional changes in infrastructure and other measures are planned by 30 June 2016 and will come into operation by 30 June 2024.

substitute:

 Under Part 2, the Authority can propose adjustments to surface water SDLs to take account of certain additional changes in infrastructure and other measures that will come into operation by 30 June 2024.

2  Section 7.02 (definition of notified measure)

After “7.12(1)”, insert “or (1A)”.

3  Section 7.10 (heading)

Repeal the heading, substitute:

7.10  Initial adjustments to be proposed in 2017

4  Subsection 7.10(1)

Omit “, it must, as soon as practicable after 30 June 2016”, substitute “or (1A), it must, as soon as practicable after 30 June 2017 and no later than 15 December 2017”.

5  Before subsection 7.12(1)

Insert:

First notification of supply measures or efficiency measures

6  Subsection 7.12(1)

Omit “(notified measures)”.

7  After subsection 7.12(1)

Insert:

Second notification of supply measures or efficiency measures

 (1A) The Basin Officials Committee may, after 30 June 2016 but on or before 30 June 2017, notify the Authority of 1 or more supply measures or efficiency measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.10 or 7.11.

Notification of additional efficiency measures

8  Subsection 7.12(2)

Omit “additional” (first occurring).

9  Subsection 7.12(2)

Omit “2016”, substitute “2017”.

10  Subsection 7.12(2)

Omit “additional” (second occurring).

11  Subsection 7.12(2)

Omit “(additional efficiency measures)”.

12  Before subsection 7.12(3)

Insert:

Requirements for all notifications

13  Before subsection 7.12(5)

Insert:

Amendment of notifications

14  Subsection 7.15(1) (note)

Omit “30 June 2016”, substitute “the time the measures are notified under section 7.12”.

15  Subsection 7.16(1) (heading)

Repeal the heading, substitute:

Efficiency contribution for 2017 determination

16  Section 7.20 (heading)

Repeal the heading, substitute:

7.20  Final determination of amounts in 2017

17  Subsection 7.20(2)

Omit “2016”, substitute “2017”.

[Minister’s second reading speech made in—

Senate on 15 September 2016

House of Representatives on 9 November 2016]