Water Act 2007

In force

Administered by

Department of Climate Change, Energy, the Environment and Water

Superseded version

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C2021C00327 C28

05 August 2021 - 31 August 2021

Table of contents

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
Part 1A—The Murray-Darling Basin Agreement
- 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
Part 2—Management of Basin water resources
- Division 1—Basin Plan
- Division 2—Water resource plans for particular water resource plan areas
- 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
  - Subdivision A—Contraventions of laws relating to taking water from a water resource
  - Subdivision B—Contraventions of the Basin Plan
- 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
  - Subdivision A—Risks arising from reductions in diversion limits
  - Subdivision B—Risks arising from other changes to Basin Plan
- Division 5—1,500 gigalitre limit on water purchases
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
- 86AE Commonwealth environmental water holdings
- 86AF Arrangements to make payments
- 86AG Amounts to be credited to the Water for the Environment Special Account
- 86AI Annual report
- 86AJ Reviews of this Part
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
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
Part 4—Basin water charge and water market rules
- Division 1—Water charge rules
- Division 2—Water market rules
- Division 3—Miscellaneous
  - 100A Functions and powers of the ACCC
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
Part 6—Commonwealth Environmental Water Holder
- Division 1—Establishment and functions
- Division 2—Environmental Water Holdings Special Account
- Division 3—Reporting requirements
  - 114 Annual report
- Division 4—Appointment, staff and delegation
Part 7—Water information
- Division 1—Application of this Part
  - 118 Geographical application of this Part
  - 119 Application of this Part limited to certain legislative powers
- Division 2—Functions and powers of the Bureau and Director of Meteorology
- Division 3—Water information
- Division 4—National Water Information Standards
- Division 5—Miscellaneous
  - 134 Delegation by Director of Meteorology
  - 135 Directions by Minister
Part 8—Enforcement
- Division 1—Preliminary
- Division 2—Injunctions
- Division 3—Declarations
  - 144 Declarations of contravention
  - 145 Discharge or variation of declarations
- Division 4—Civil penalties
- Division 5—Infringement notices
- Division 6—Enforceable undertakings
  - 163 Acceptance of undertakings relating to contraventions to which this Part applies
  - 164 Enforcement of undertakings
- Division 7—Enforcement notices
- Division 7A—Public warning notices
  - 167A Inspector-General may issue public warning notice
- 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?
- Division 9—Conduct of directors, employees and agents
  - 170 Conduct of directors, employees and agents
- 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
Part 9—Murray-Darling Basin Authority (administrative provisions)
- Division 1—Authority’s establishment, functions, powers and liabilities
- Division 2—Authority’s constitution and membership
- Division 3—Decision-making and delegation by Authority
- Division 4—Authority’s staff etc.
- Division 5—Finance and reporting requirements
- Division 6—Confidentiality
  - 215 Protection of confidential information
  - 215A Disclosure of information to the Minister or the Secretary of the Department
Part 9A—Inspector-General of Water Compliance (administrative provisions)
- Division 1—Inspector-General of Water Compliance: establishment and functions
- Division 2—Annual work plans
- Division 3—Administrative provisions
- Division 4—Advisory panels
- Division 5—Confidentiality
- Division 6—Guidelines and standards
- Division 7—Miscellaneous
Part 10—Murray-Darling Basin Authority (special powers)
- Division 2—Entry onto land etc.
- Division 3—Information gathering
  - 222D Power to require information
  - 222E Prohibitions on disclosure of information do not apply
Part 10AA—Inspector-General of Water Compliance (special powers)
- Division 1—Entry onto land etc.
- Division 3—Information gathering
  - 238 Power to require information
  - 239 Prohibitions on disclosure of information do not apply
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
Part 10A—Transitional matters relating to the Murray-Darling Basin Commission
- Division 1—Preliminary
  - 239A Definitions
  - 239B Application of this Part
- Division 2—Assets, liabilities and legal proceedings
- Division 3—Effect on instruments and things done
- Division 4—Financial matters
  - 239T Financial matters
- Division 5—Miscellaneous
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
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
- Endnotes

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Water Act 2007

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