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Water Amendment Regulations 2008 (No. 1)

Authoritative Version
  • - F2008L03630
  • No longer in force
SLI 2008 No. 204 Regulations as made
These Regulations amend the Water Regulations 2008 to set out the consultation process the Minister must follow in making water market rules and water charge rules under the Water Act 2007.
Administered by: Environment, Water, Heritage and the Arts
Made 03 Oct 2008
Registered 08 Oct 2008
Tabled HR 13 Oct 2008
Tabled Senate 13 Oct 2008
Date of repeal 19 Mar 2014
Repealed by Environment (Spent and Redundant Instruments) Repeal Regulation 2014

Water Amendment Regulations 2008 (No. 1)1

Select Legislative Instrument 2008 No. 204

I, QUENTIN BRYCE, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Water Act 2007.

Dated 3 October 2008

QUENTIN BRYCE

Governor‑General

By Her Excellency’s Command

PENELOPE YING YEN WONG


1              Name of Regulations

                These Regulations are the Water Amendment Regulations 2008 (No. 1).

2              Commencement

                These Regulations commence on the day after they are registered.

3              Amendment of Water Regulations 2008

                Schedule 1 amends the Water Regulations 2008.


Schedule 1        Amendment

(regulation 3)

  

[1]           After Part 1

insert

Part 4                 Water charge rules and water market rules

Division 4.1           Water charge rules

Subdivision 4.1.1        Purpose of Division

4.01        Purpose of Division

                This Division is made for the purposes of sections 93 and 256 of the Act.

Subdivision 4.1.2        ACCC advice

4.02        Minister to request ACCC advice

                In proposing to make, amend or revoke water charge rules under subsection 92 (1) of the Act, the Minister:

                (a)    must ask the ACCC for advice before proceeding with the proposal; and

               (b)    may ask the ACCC to provide draft rules as part of its advice; and

                (c)    must, by written notice, require the ACCC to provide its advice by a specified date; and

               (d)    may, by written notice, extend the timeframe within which the ACCC is to provide its advice; and

                (e)    must ask the ACCC to provide with its advice a schedule of any consultations that it undertook for the purpose of providing its advice, including any written submissions and any meetings and hearings; and

                (f)    may ask the ACCC to provide the formal records of the consultations listed in the schedule; and

                (g)    must have regard to any records of consultation provided by the ACCC, including records relating to consultation with the Basin States, infrastructure operators and the public; and

                (h)    must ask the ACCC to identify which, if any, of the records of consultation it provided to the Minister the ACCC is not permitted to publish; and

                 (i)    may adopt the ACCC’s draft rules, with or without variation; and

                (j)    may develop rules, amendments to rules or revocations of rules, having regard to the ACCC’s advice, if the Minister decides not to adopt the ACCC’s draft rules, or if the ACCC does not include draft rules as part of its advice.

Note 1   The Minister must ask the ACCC to provide advice about water charge rules (see subsection 93 (1) of the Act).

Note 2   Several terms used in these regulations are defined in the Act, including Basin State, infrastructure operator and water charge rules.

Subdivision 4.1.3        Consultation for amendments and revocations of a minor or technical nature

4.03        Consultation for amendments and revocations of a minor or technical nature

         (1)   This regulation applies if the Minister determines, after receiving the ACCC’s advice, that the proposal to make, amend or revoke water charge rules relates to the making of rules, amendments or revocations that are of a minor or technical nature.

         (2)   The Minister must, by written notice, invite the following to make written submissions about the proposal:

                (a)    the relevant State Minister for each Basin State;

               (b)    infrastructure operators within the Murray–Darling Basin;

                (c)    the public.

Note   A notice under subregulation 4.03 (2) may be combined with notices under subregulations 4.04 (2) and (3) (see subregulation 4.04 (5)).

         (3)   The notice must:

                (a)    include a copy of the proposed rules, amendment or revocation or the Internet address at which the proposed rules, amendment or revocation is published; and

               (b)    specify a date, not less than 4 weeks from the date on which the notice is given, as a date by which any written submissions must be received by the Minister; and

                (c)    include a statement that the Minister may disclose to the ACCC any written submissions that the Minister receives; and

               (d)    include a statement that disclosure by the Minister to the ACCC will be on the basis that the ACCC must not disclose any written submissions given to it by the Minister, or any information in the submissions.

Note   In relation to paragraph (d), under subregulation 4.09 (2), the Minister must require the ACCC not to publish a submission or information contained in a submission that the Minister has decided is confidential information under paragraph 4.10 (1) (b).

         (4)   An invitation under paragraph (2) (b) or (c) must be given by at least one notice published in each of the following media:

                (a)    a nationally circulating newspaper;

               (b)    for each Basin State, a newspaper with an agribusiness focus circulating in the Basin State;

                (c)    the Internet.     

Note   Several terms used in these regulations are defined in the Act, including Basin State, infrastructure operator, Murray–Darling Basin and relevant State Minister.

Subdivision 4.1.4        Publication of rules

4.04        Publication of proposed water charge rules

         (1)   This regulation applies if, after receiving the ACCC’s advice in respect of a proposal to make, amend or revoke water charge rules, the Minister intends to proceed with the proposal.

         (2)   The Minister must publish on the Department’s Internet site a notice which includes the following:

                (a)    a statement that the Minister proposes to make, amend or revoke (as the case may be), water charge rules under subsection 92 (1) of the Act;

               (b)    a copy of the proposed rules;

                (c)    a summary of the proposed rules;

               (d)    a copy of the advice provided by the ACCC.   

         (3)   The Minister must publish a notice which includes the following:

                (a)    a statement that the Minister proposes to make, amend or revoke (as the case may be), water charge rules under subsection 92 (1) of the Act;

               (b)    a statement that a copy of the proposed rules, a summary of the proposed rules, and a copy of the ACCC’s advice is published at the Department’s Internet site;

                (c)    the Internet address at which the proposed rules are published.

         (4)   The notice required under subregulation (3) must be published in:

                (a)    a nationally circulating newspaper; and

               (b)    for each Basin State, in a newspaper with an agribusiness focus circulating in the Basin State.

         (5)   The notices required under subregulations (2) and (3) may be combined with the following notices:

                (a)    if subregulation 4.03 (1) applies — a notice under subregulation 4.03 (2);

               (b)    if subregulation 4.06 (1), (2) or (3) applies — a notice under the appropriate subregulation.

         (6)   The Minister must give the notices required under this regulation:

                (a)    if the Minister is required to undertake consultations under regulation 4.03 — not less than 4 weeks before the proposed rules, amendments or revocations are made; or

               (b)    if the Minister is required to undertake consultations under subregulations 4.06 (1), (2) or (3) — not less than 8 weeks before the proposed rules are made, amended or revoked; or

                (c)    if the Minister is not required to undertake those consultations because the ACCC has consulted as described in regulation 4.05 — not less than 4 weeks before the proposed rules are made, amended or revoked.

Subdivision 4.1.5        Consultations

4.05        Minister must consult unless ACCC consults

         (1)   If regulation 4.03 does not apply, the Minister must, after receiving the ACCC’s advice, and before proceeding with the proposal to make, amend or revoke water charge rules, consult as required under regulation 4.06, unless:

                (a)    the ACCC’s advice in relation to the proposal includes draft rules; and

               (b)    the Minister proposes to adopt the draft rules, or draft rules that are, in Minister’s opinion, substantially the same as the draft rules; and

                (c)    the ACCC provides records of consultation to the Minister, as required under paragraph 4.02 (f); and

               (d)    the Minister is satisfied that, in relation to the draft rules which the Minister intends to adopt, before the ACCC provided its advice, the ACCC invited the following to make written submissions to the ACCC:

                          (i)    the relevant State Minister for each Basin State;

                         (ii)    infrastructure operators within the Murray–Darling Basin;

                         (iii)    the public; and

                (e)    the Minister is satisfied that invitations made to infrastructure operators within the Murray–Darling Basin, and the public, were made by at least one notice published in each of the following media:

                          (i)    a nationally circulating newspaper;

                         (ii)    for each Basin State, a newspaper with an agribusiness focus circulating in the Basin State;

                         (iii)    the Internet; and

                (f)    the Minister is satisfied that the timeframes within which written submissions were to be provided to the ACCC have passed.

         (2)   In forming a view under paragraph (1) (d), (e) or (f), the Minister must have regard to the formal records provided by the ACCC under paragraph 4.02 (f).

4.06        Consultation by the Minister

         (1)   If:

                (a)    regulation 4.03 does not apply; and

               (b)    the Minister is not satisfied that the ACCC consulted with the relevant State Minister for each Basin State;

then the Minister must, by written notice, invite the relevant State Minister for each Basin State to make written submissions about the proposed rules.

         (2)   If:

                (a)    regulation 4.03 does not apply; and

               (b)    the Minister is not satisfied that the ACCC consulted with          infrastructure operators within the Murray–Darling Basin;

then the Minister must, by written notice, invite infrastructure operators within the Murray–Darling Basin to make written submissions about the proposed rules.

         (3)   If:

                (a)    regulation 4.03 does not apply; and

               (b)    the Minister is not satisfied that the ACCC consulted with the public;

then the Minister must, by written notice, invite the public to make written submissions about the proposed rules.

Note   The notices required under subregulations (1), (2) and (3) may be combined with the notices required under regulation 4.04 (see subregulation 4.04 (5)).

         (4)   A notice given under subregulation (1), (2) or (3) must:

                (a)    include a copy of the proposed rules or the Internet address at which the proposed rules are published; and

               (b)    specify a date, not less than 8 weeks from the date on which the notice is given, as a date by which any written submissions must be received by the Minister; and

                (c)    include a statement that the Minister may disclose to the ACCC any written submissions that the Minister receives, including any information contained in the submissions that the Minister has decided is confidential information under paragraph 4.10 (1) (b); and

               (d)    include a statement that disclosure by the Minister to the ACCC will be on the basis that the ACCC must not disclose a written submission given to it by the Minister, or any information in the submission, that the Minister has decided is confidential information under paragraph 4.10 (1) (b); and

.               (e)    include a statement that the Minister may publish any information in the written submissions that the Minister receives, except information that the Minister has decided is confidential information under paragraph 4.10 (1) (b); and

                (f)    include a statement that a person who provides a written submission may request that the whole or part of the written submission be treated as confidential information.

Note   In relation to paragraph (d), under subregulation 4.09 (2), the Minister must require the ACCC not to publish a submission or information contained in a submission that the Minister has decided is confidential information under paragraph 4.10 (1) (b).

         (5)   A notice under subregulation (2) or (3) must be given by at least one notice published in each of the following media:

                (a)    a nationally circulating newspaper;

               (b)    for each Basin State, a newspaper with an agribusiness focus circulating in the Basin State;

                (c)    the Internet.

4.07        Further consultation

                Before proceeding with the proposal to make, amend or revoke water charge rules, the Minister may, in addition to the consultation requirements set out in this Division, undertake any further consultation.

Note   Part 3 of the Legislative Instruments Act 2003 deals generally with consultation requirements for legislative instruments.

4.08        Further ACCC advice

         (1)   If the Minister is considering departing from the ACCC’s advice given in respect of the proposal to make, amend or revoke water charge rules, including any draft rules, the Minister may:

                (a)    inform the ACCC; and

               (b)    provide to the ACCC, as set out in regulation 4.09, any records of consultation undertaken by the Minister; and

                (c)    request further advice from the ACCC about the proposal or the ACCC’s advice.

         (2)   If the Minister requests further advice from the ACCC, the Minister:

                (a)    must specify a date by which the ACCC is to provide the further advice; and

               (b)    may, by written notice, extend the timeframe within which the ACCC is to provide the further advice; and

                (c)    must publish on the Department’s Internet site any further advice provided by the ACCC, before making, amending or revoking water charge rules.

Subdivision 4.1.6        Disclosure of information

4.09        Minister may disclose to ACCC written submissions

         (1)   The Minister may, at any time before or after making, amending or revoking water charge rules, disclose to the ACCC:

                (a)    any written submissions about proposed water charge rules that the Minister receives; or

               (b)    any information in the submissions, including information that the Minister has decided is confidential information under paragraph 4.10 (1) (b).

         (2)   The Minister must require the ACCC not to publish or disclose a written submission given to it by the Minister, or any information in the submission, that the Minister has decided is confidential information under paragraph 4.10 (1) (b).

         (3)   The Minister must require the ACCC not to publish or disclose a written submission given to it by the Minister, or any information in the submission, if the submission was given to the Minister in response to an invitation made under regulation 4.03.

         (4)   The Minister may require the ACCC not to publish or disclose a submission or specified information contained in the submission.

4.10        Minister may publish written submissions unless confidential

         (1)   The Minister may, at any time before or after making, amending or revoking water charge rules, publish any information that is received by the Minister in a written submission about the proposed rules, unless:

                (a)    the person who gave the information, claims, when giving the information to the Minister, that it contains confidential information; and

               (b)    the Minister decides that the written submission contains confidential information.

         (2)   If:

                (a)    a written submission is given to the Minister under this Division; and

               (b)    the person who gave the written submission to the Minister claimed that it contained confidential information; and

                (c)    the Minister decides that the written submission does contain confidential information as claimed;

then the Minister may publish the written submission if the confidential information is omitted.

         (3)   If, under subregulation (2), the Minister does omit information from a written submission, the Minister must, before publishing the written submission, cause a note to that effect to be included in the document at the place in the document from which the information is omitted.

         (4)   This regulation does not apply to the provision of written submissions:

                (a)    that are made in response to an invitation made by the Minister under regulation 4.03; and

               (b)    by:

                          (i)    the Minister to the ACCC; or

                         (ii)    the ACCC to the Minister under paragraph 4.02 (f).

Note 1   Regulation 4.09 deals with confidential information in submissions that the Minister discloses to the ACCC.

Note 2   Regulation 4.12 deals with confidential information in submissions that the ACCC discloses to the Minister.

4.11        Minister disagrees with claim that information is confidential

         (1)   If:

                (a)    a person gives a written submission to the Minister under this Division, in relation to a proposal to make, amend or revoke water charge rules; and

               (b)    the person claims that the submission contains confidential information; and

                (c)    the Minister decides that the submission does not contain confidential information as claimed; and

               (d)    the Minister wishes to publish the submission under regulation 4.10;

then the Minister must give the person written notice of the Minister’s decision within 6 weeks of receiving the submission.

         (2)   The notice must include the following:

                (a)    a statement that the person may withdraw the claim of confidentiality by giving the Minister written notice to that effect;

               (b)    a statement that, if the person wishes to withdraw the claim, the person must do so within 21 days of receiving the Minister’s notice under subregulation (1);

                (c)    a statement that, if the person decides not to withdraw the claim the following applies:

                          (i)    the Minister must return the information to which the claim relates to the person who provided it to the Minister;

                         (ii)    the Minister must not publish the information;

                         (iii)    the Minister must not have regard to the information when making, amending or revoking water charge rules.

         (3)   If the person withdraws the claim, then the Minister may publish the entire submission.

         (4)   If the person does not withdraw the claim within 21 days of receiving the Minister’s notice under subregulation (1), then the Minister:

                (a)    must return the information to which the claim relates to the person; and

               (b)    must not publish the information; and

                (c)    must not have regard to the information when making, amending or revoking water charge rules.

4.12        Minister may publish records provided by ACCC

                The Minister may, at any time before or after making, amending or revoking water charge rules, publish:

                (a)    a schedule provided to the Minister by the ACCC under paragraph 4.02 (e); and

               (b)    any records of consultation that the ACCC provides to the Minister under this Division unless, under paragraph 4.02 (h), the ACCC identifies the records as being records that the ACCC itself is not permitted to publish.

Subdivision 4.1.7        Failure to comply

4.13        Consequence of failure to comply with a requirement in this Division

                A failure to comply with a requirement specified in this Division does not affect the validity or enforceability of the water charge rules.

Division 4.2           Water market rules

Subdivision 4.2.1        Purpose of Division

4.14        Purpose of Division

                This Division is made for the purposes of sections 98 and 256 of the Act.

Subdivision 4.2.2        ACCC advice

4.15        Minister to request ACCC advice

                In proposing to make, amend or revoke water market rules under subsection 97 (1) of the Act, the Minister:

                (a)    must ask the ACCC for advice before proceeding with the proposal; and

               (b)    may ask the ACCC to provide draft rules as part of its advice; and

                (c)    must, by written notice, require the ACCC to provide its advice by a specified date; and

               (d)    may, by written notice, extend the timeframe within which the ACCC is to provide its advice; and

                (e)    must ask the ACCC to provide with its advice a schedule of any consultations that it undertook for the purpose of providing its advice, including any written submissions and any meetings and hearings; and

                (f)    may ask the ACCC to provide the formal records of the consultations listed in the schedule; and

                (g)    must have regard to any records of consultation provided by the ACCC, including records relating to consultation with the Basin States, irrigation infrastructure operators and the public; and

                (h)    must ask the ACCC to identify which, if any, of the records of consultation it provided to the Minister the ACCC is not permitted to publish; and

                 (i)    may adopt the ACCC’s draft rules, with or without variation; and

                (j)    may develop rules, amendments to rules or revocations of rules, having regard to the ACCC’s advice, if the Minister decides not to adopt the ACCC’s draft rules, or if the ACCC does not include draft rules as part of its advice.

Note 1   The Minister must ask the ACCC to provide advice about water market rules (see subsection 98 (1) of the Act).

Note 2   Several terms used in these regulations are defined in the Act, including Basin State, infrastructure operator and water market rules.

Subdivision 4.2.3        Consultation for amendments and revocations of a minor or technical nature

4.16        Consultation for amendments and revocations of a minor or technical nature

         (1)   This regulation applies if the Minister determines, after receiving the ACCC’s advice, that the proposal to make, amend or revoke water market rules relates to the making of rules, amendments or revocations that are of a minor or technical nature.

         (2)   The Minister must, by written notice, invite the following to make written submissions about the proposal:

                (a)    the relevant State Minister for each Basin State;

               (b)    irrigation infrastructure operators within the Murray‑Darling Basin;

                (c)    the public.

Note   A notice under subregulation 4.16 (2) may be combined with notices under subregulations 4.17 (2) and (3) (see subregulation 4.17 (5)).

         (3)   The notice must:

                (a)    include a copy of the proposed rules, amendment or revocation or the Internet address at which the proposed rules, amendment or revocation is published; and

               (b)    specify a date, not less than 4 weeks from the date on which the notice is given, as a date by which any written submissions must be received by the Minister; and

                (c)    include a statement that the Minister may disclose to the ACCC any written submissions that the Minister receives; and

               (d)    include a statement that disclosure by the Minister to the ACCC will be on the basis that the ACCC must not disclose any written submissions given to it by the Minister, or any information in the submissions.

Note   In relation to paragraph (d), under subregulation 4.22 (2), the Minister must require the ACCC not to publish a submission or information contained in a submission that the Minister has decided is confidential information under paragraph 4.23 (1) (b).

         (4)   An invitation under paragraph (2) (b) or (c) must be given by at least one notice published in each of the following media:

                (a)    a nationally circulating newspaper;

               (b)    for each Basin State, a newspaper with an agribusiness focus circulating in the Basin State;

                (c)    the Internet.

Note   Several terms used in these regulations are defined in the Act, including Basin State, irrigation infrastructure operator, Murray–Darling Basin and relevant State Minister.

Subdivision 4.2.4        Publication of rules

4.17        Publication of proposed water market rules

         (1)   This regulation applies if, after receiving the ACCC’s advice in respect of a proposal to make, amend or revoke water market rules, the Minister intends to proceed with the proposal.

         (2)   The Minister must publish on the Department’s Internet site a notice which includes the following:

                (a)    a statement that the Minister proposes to make, amend or revoke (as the case may be), water market rules under subsection 97 (1) of the Act;

               (b)    a copy of the proposed rules;

                (c)    a summary of the proposed rules;

               (d)    a copy of the advice provided by the ACCC.

         (3)   The Minister must publish a notice which includes the following:

                (a)    a statement that the Minister proposes to make, amend or revoke (as the case may be), water market rules under subsection 97 (1) of the Act;

               (b)    a statement that a copy of the proposed rules, a summary of the proposed rules, and a copy of the ACCC’s advice is published at the Department’s Internet site;

                (c)    the Internet address at which the proposed rules are published.

         (4)   The notice required under subregulation (3) must be published in:

                (a)    a nationally circulating newspaper; and

               (b)    for each Basin State, in a newspaper with an agribusiness focus circulating in the Basin State.

         (5)   The notices required under subregulations (2) and (3) may be combined with the following notices:

                (a)    if subregulation 4.16 (1) applies — a notice under subregulation 4.16 (2);

               (b)    if subregulation 4.19 (1), (2) or (3) applies — a notice under the appropriate subregulation.

         (6)   The Minister must give the notices required under this regulation:

                (a)    if the Minister is required to undertake consultations under regulation 4.16 — not less than 4 weeks before the proposed rules, amendments or revocations are made; or

               (b)    if the Minister is required to undertake consultations under subregulations 4.19 (1), (2) or (3) — not less than 8 weeks before the proposed rules are made, amended or revoked; or

                (c)    if the Minister is not required to undertake those consultations because the ACCC has consulted as described in regulation 4.18 — not less than 4 weeks before the proposed rules are made, amended or revoked.

Subdivision 4.2.5        Consultations

4.18        Minister must consult unless ACCC consults

         (1)   If regulation 4.16 does not apply, the Minister must, after receiving the ACCC’s advice, and before proceeding with the proposal to make, amend or revoke water market rules, consult as required under regulation 4.19, unless:

                (a)    the ACCC’s advice in relation to the proposal includes draft rules; and

               (b)    the Minister proposes to adopt the draft rules, or draft rules that are, in Minister’s opinion, substantially the same as the draft rules; and

                (c)    the ACCC provides records of consultation to the Minister, as required under paragraph 4.15 (f); and

               (d)    the Minister is satisfied that, in relation to the draft rules which the Minister intends to adopt, before the ACCC provided its advice, the ACCC invited the following to make written submissions to the ACCC:

                          (i)    the relevant State Minister for each Basin State;

                         (ii)    irrigation infrastructure operators within the Murray–Darling Basin;

                         (iii)    the public; and

                (e)    the Minister is satisfied that invitations made to irrigation infrastructure operators within the Murray–Darling Basin, and the public, were made by at least one notice published in each of the following media:

                          (i)    a nationally circulating newspaper;

                         (ii)    for each Basin State, a newspaper with an agribusiness focus circulating in the Basin State;

                         (ii)    the Internet; and

                (f)    the Minister is satisfied that the timeframes within which written submissions were to be provided to the ACCC have passed.

         (2)   In forming a view under paragraph (1) (d), (e) or (f), the Minister must have regard to the formal records provided by the ACCC under paragraph 4.15 (f).

4.19        Consultation by the Minister

         (1)   If:

                (a)    regulation 4.16 does not apply; and

               (b)    the Minister is not satisfied that the ACCC consulted with the relevant State Minister for each Basin State;

then the Minister must, by written notice, invite the relevant State Minister for each Basin State to make written submissions about the proposed rules.

         (2)   If:

                (a)    regulation 4.16 does not apply; and

               (b)    the Minister is not satisfied that the ACCC consulted with irrigation infrastructure operators within the Murray‑Darling Basin;

then the Minister must, by written notice, invite irrigation infrastructure operators within the Murray–Darling Basin to make written submissions about the proposed rules.

         (3)   If:

                (a)    regulation 4.16 does not apply; and

               (b)    the Minister is not satisfied that the ACCC consulted with the public;

then the Minister must, by written notice, invite the public to make written submissions about the proposed rules.

Note   The notices required under subregulations (1), (2) and (3) may be combined with the notices required under regulation 4.17 (see subregulation 4.17 (5)).

         (4)   A notice given under subregulation (1), (2) or (3) must:

                (a)    include a copy of the proposed rules or the Internet address at which the proposed rules are published; and

               (b)    specify a date, not less than 8 weeks from the date on which the notice is given, as a date by which any written submissions must be received by the Minister; and

                (c)    include a statement that the Minister may disclose to the ACCC any written submissions that the Minister receives, including any information contained in the submissions that the Minister has decided is confidential information under paragraph 4.23 (1) (b); and

               (d)    include a statement that disclosure by the Minister to the ACCC will be on the basis that the ACCC must not disclose a written submission given to it by the Minister, or any information in the submission, that the Minister has decided is confidential information under paragraph 4.23 (1) (b); and

.               (e)    include a statement that the Minister may publish any information in the written submissions that the Minister receives, except information that the Minister has decided is confidential information under paragraph 4.23 (1) (b); and

                (f)    include a statement that a person who provides a written submission may request that the whole or part of the written submission be treated as confidential information.

Note   In relation to paragraph (d), under subregulation 4.22 (2), the Minister must require the ACCC not to publish a submission or information contained in a submission that the Minister has decided is confidential information under paragraph 4.23 (1) (b).

         (5)   An invitation under subregulation (2) or (3) must be given by at least one notice published in each of the following media:

                (a)    a nationally circulating newspaper;

               (b)    for each Basin State, a newspaper with an agribusiness focus circulating in the Basin State;

                (c)    the Internet.

4.20        Further consultation

                Before proceeding with the proposal to make, amend or revoke water market rules, the Minister may, in addition to the consultation requirements set out in this Division, undertake any further consultation.

Note   Part 3 of the Legislative Instruments Act 2003 deals generally with consultation requirements for legislative instruments.

4.21        Further ACCC advice

         (1)   If the Minister is considering departing from the ACCC’s advice given in respect of the proposal to make, amend or revoke water market rules, including any draft rules, the Minister may:

                (a)    inform the ACCC; and

               (b)    provide to the ACCC, as set out in regulation 4.22, any records of consultation undertaken by the Minister; and

                (c)    request further advice from the ACCC about the proposal or the ACCC’s advice.

         (2)   If the Minister requests further advice from the ACCC, the Minister:

                (a)    must specify a date by which the ACCC is to provide the further advice; and

               (b)    may, by written notice, extend the timeframe within which the ACCC is to provide the further advice; and

                (c)    must publish on the Department’s Internet site any further advice provided by the ACCC, before making, amending or revoking water market rules.

Subdivision 4.2.6        Disclosure of information

4.22        Minister may disclose to ACCC written submissions

         (1)   The Minister may, at any time before or after making, amending or revoking water market rules, disclose to the ACCC:

                (a)    any written submissions about proposed water market rules that the Minister receives; or

               (b)    any information in the submissions, including information that the Minister has decided is confidential information under paragraph 4.23 (1) (b).

         (2)   The Minister must require the ACCC not to publish or disclose a written submission given to it by the Minister, or any information in the submission, that the Minister has decided is confidential information under paragraph 4.23 (1) (b).

         (3)   The Minister must require the ACCC not to publish or disclose a written submission given to it by the Minister, or any information in the submission, if the submission was given to the Minister in response to an invitation made under regulation 4.16.

         (4)   The Minister may require the ACCC not to publish or disclose a submission or specified information contained in the submission.

4.23        Minister may publish written submissions unless confidential

         (1)   The Minister may, at any time before or after making, amending or revoking water market rules, publish any information that is received by the Minister in a written submission about the proposed rules, unless:

                (a)    the person who gave the information, claims, when giving the information to the Minister, that it contains confidential information; and

               (b)    the Minister decides that the written submission contains confidential information.

         (2)   If:

                (a)    a written submission is given to the Minister under this Division; and

               (b)    the person who gave the written submission to the Minister claimed that it contained confidential information; and

                (c)    the Minister decides that the written submission does contain confidential information as claimed;

then the Minister may publish the written submission if the confidential information is omitted.

         (3)   If, under subregulation (2), the Minister does omit information from a written submission, the Minister must, before publishing the written submission, cause a note to that effect to be included in the document at the place in the document from which the information is omitted.

         (4)   This regulation does not apply to the provision of written submissions:

                (a)    that are made in response to an invitation made by the Minister under regulation 4.16; and

               (b)    by:

                          (i)    the Minister to the ACCC; or

                         (ii)    the ACCC to the Minister under paragraph 4.15 (f).

Note 1   Regulation 4.22 deals with confidential information in submissions that the Minister discloses to the ACCC.

Note 2   Regulation 4.25 deals with confidential information in submissions that the ACCC discloses to the Minister.

4.24        Minister disagrees with claim that information is confidential

         (1)   If:

                (a)    a person gives a written submission to the Minister under this Division, in relation to a proposal to make, amend or revoke water market rules; and

               (b)    the person claims that the submission contains confidential information; and

                (c)    the Minister decides that the submission does not contain confidential information as claimed; and

               (d)    the Minister wishes to publish the submission under regulation 4.23;

then the Minister must give the person written notice of the Minister’s decision within 6 weeks of receiving the submission.

         (2)   The notice must include the following:

                (a)    a statement that the person may withdraw the claim of confidentiality by giving the Minister written notice to that effect;

               (b)    a statement that, if the person wishes to withdraw the claim, the person must do so within 21 days of receiving the Minister’s notice under subregulation (1);

                (c)    a statement that, if the person decides not to withdraw the claim the following applies:

                          (i)    the Minister must return the information to which the claim relates to the person who provided it to the Minister;

                         (ii)    the Minister must not publish the information;

                         (iii)    the Minister must not have regard to the information when making, amending or revoking water market rules.

         (3)   If the person withdraws the claim, then the Minister may publish the entire submission.

         (4)   If the person does not withdraw the claim within 21 days of receiving the Minister’s notice under subregulation (1), then the Minister:

                (a)    must return the information to which the claim relates to the person; and

               (b)    must not publish the information; and

                (c)    must not have regard to the information when making, amending or revoking water market rules.

4.25        Minister may publish records provided by ACCC

                The Minister may, at any time before or after making, amending or revoking water market rules, publish:

                (a)    a schedule provided to the Minister by the ACCC under paragraph 4.15 (e); and

               (b)    any records of consultation that the ACCC provides to the Minister under this Division unless, under paragraph 4.15 (h), the ACCC identifies the records as being records that the ACCC itself is not permitted to publish.

Subdivision 4.2.7        Failure to comply

4.26        Consequence of failure to comply with a requirement in this Division

                A failure to comply with a requirement specified in this Division does not affect the validity or enforceability of the water market rules.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.