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Water Regulations 2008

Authoritative Version
SLI 2008 No. 106 Regulations as amended, taking into account amendments up to SLI 2009 No. 184
Administered by: Environment, Water, Heritage and the Arts
Registered 21 Jul 2009
Start Date 15 Jul 2009
End Date 10 May 2010

Water Regulations 2008

Select Legislative Instrument 2008 No. 106 as amended

made under the

This compilation was prepared on 15 July 2009
taking into account amendments up to SLI 2009 No. 184

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra


Contents

Part 1                    Preliminary                                                                 

                    1.01     Name of Regulations [see Note 1]                                     8

                    1.02     Commencement [see Note 1]                                           8

                    1.03     Definitions                                                                       8

                    1.04     Interpretation                                                                   9

                    1.05     Definition of Basin water resources in subsection 4 (1) of the Act — prescribed water resources                                                                                    10

                    1.06     References to documents published by Bureau                 10

Part 1A                 The Murray‑Darling Basin Agreement                

                  1A.01     Preliminary                                                                    11

                  1A.02     Amendments incorporated into Murray‑Darling Basin Agreement                            11

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                                                         12

Subdivision 4.1.2       ACCC advice                                                                                            

                    4.02     Minister to request ACCC advice                                     12

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            13

Subdivision 4.1.4       Publication of rules                                                                               

                    4.04     Publication of proposed water charge rules                       14

Subdivision 4.1.5       Consultations                                                                                          

                    4.05     Minister must consult unless ACCC consults                   16

                    4.06     Consultation by the Minister                                            17

                    4.07     Further consultation                                                       18

                    4.08     Further ACCC advice                                                      18

Subdivision 4.1.6       Disclosure of information                                                                    

                    4.09     Minister may disclose to ACCC written submissions         19

                    4.10     Minister may publish written submissions unless confidential                                 20

                    4.11     Minister disagrees with claim that information is confidential 21

                    4.12     Minister may publish records provided by ACCC               22

Subdivision 4.1.7       Failure to comply                                                                                    

                    4.13     Consequence of failure to comply with a requirement in this Division                       22

Division 4.2             Water market rules                                                        

Subdivision 4.2.1       Purpose of Division                                                                               

                    4.14     Purpose of Division                                                         23

Subdivision 4.2.2       ACCC advice                                                                                            

                    4.15     Minister to request ACCC advice                                     23

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            24

Subdivision 4.2.4       Publication of rules                                                                               

                    4.17     Publication of proposed water market rules                       25

Subdivision 4.2.5       Consultations                                                                                          

                    4.18     Minister must consult unless ACCC consults                   27

                    4.19     Consultation by the Minister                                            28

                    4.20     Further consultation                                                       29

                    4.21     Further ACCC advice                                                      29

Subdivision 4.2.6       Disclosure of information                                                                    

                    4.22     Minister may disclose to ACCC written submissions         30

                    4.23     Minister may publish written submissions unless confidential                                 31

                    4.24     Minister disagrees with claim that information is confidential 32

                    4.25     Minister may publish records provided by ACCC               33

Subdivision 4.2.7       Failure to comply                                                                                    

                    4.26     Consequence of failure to comply with a requirement in this Division                       33

Part 7                    Water information                                                     

Division 7.1             Purposes of Part                                                             

                    7.01     Purposes of Part                                                            34

Division 7.2             Persons and classes of persons                                      

                    7.10     Persons to give water information to the Bureau                34

Division 7.3             Categories and subcategories of water information      

                    7.11     Categories of information                                                35

Division 7.4             Water information to be given to the Bureau                 

                    7.12     Meanings of interim period and grace period                     37

                    7.13     Water information held on commencement or during interim period or grace period   37

                    7.14     Continuing obligation to give water information                  39

                    7.15     When information is to be given to the Bureau                  43

                    7.16     Water information collected during a project of no more than 48 calendar months duration                                                                                    44

                    7.17     Application to first information period                                45

                    7.18     How information is to be given to the Bureau                     46

Part 10                  Murray‑Darling Basin Authority (special powers)                            

                  10.01     Identity cards                                                                 47

Part 10A               Transitional matters relating to former MDB Agreement                

Division 10A.1         Preliminary                                                                    

                10A.01     Purposes of Part                                                            48

                10A.02     References to various persons or bodies                          48

Division 10A.2         General — effect on instruments and things done         

Subdivision 10A.2.1   References in certain instruments to Murray–Darling Basin Commission etc                 

                10A.03     Effect on certain transitional instruments                          48

                10A.04     Certain instruments not being continued under transitional arrangements                51

                10A.05     Effect on Intergovernmental Agreement                            52

                10A.06     Effect on Supplementary Intergovernmental Agreement      53

Subdivision 10A.2.2   Things done under former MDB Agreement                                   

                10A.07     Effect of things done                                                       53

Division 10A.3         Other transitional matters                                              

                10A.08     Business continuity                                                        63

                10A.09     Clause 10 of former MDB Agreement                               64

                10A.10     Paragraph 14 (1) (b) of former MDB Agreement                 64

                10A.11     Clause 34 of former MDB Agreement                               65

                10A.12     Paragraph 42 (2) (a) of former MDB Agreement                 65

                10A.13     Subclause 50 (2) of former MDB Agreement                     66

                10A.14     Subclause 51 (2) of former MDB Agreement                     67

                10A.15     Subclause 54 (1) of former MDB Agreement                     67

                10A.16     Subclauses 55 (1) and (2) of former MDB Agreement        68

                10A.17     Clause 65 of former MDB Agreement — investigations, construction and administration costs                                                                                    68

                10A.18     Clause 65 of former MDB Agreement — operation and maintenance costs              69

                10A.19     Subclause 66 (1) of former MDB Agreement                     70

                10A.20     Subclause 66 (2) of former MDB Agreement                     71

                10A.21     Subclauses 66 (3), (4) and (5) of former MDB Agreement   72

                10A.22     Subclause 67 (2) of former MDB Agreement                     72

                10A.23     Clause 83 of former MDB Agreement                               73

                10A.24     Clause 84 of former MDB Agreement                               74

                10A.25     Clause 105 of former MDB Agreement                             75

                10A.26     Clause 106 of former MDB Agreement                             76

                10A.27     Subclause 108 (2) of former MDB Agreement                   76

                10A.28     Subclause 111 (1) of former MDB Agreement                   77

                10A.29     Paragraph 2 (1) (a) of Schedule C to former MDB Agreement — Strategy                78

                10A.30     Subclause 10 (2) of Schedule C to former MDB Agreement 79

                10A.31     Clause 11 of Schedule C to former MDB Agreement          80

                10A.32     Subclause 13 (2) of Schedule C to former MDB Agreement 81

                10A.33     Clause 4 of Schedule D to former MDB Agreement           81

                10A.34     Clause 7 of Schedule D to former MDB Agreement           82

                10A.35     Paragraph 2 (d) of Schedule E to former MDB Agreement  83

                10A.36     Subclause 3 (2) of Schedule E to former MDB Agreement 84

                10A.37     Subclause 5 (2) of Schedule E to former MDB Agreement 85

                10A.38     Paragraph 13 (2) (b) of Schedule E to former MDB Agreement                                86

                10A.39     Subclause 13 (3) of Schedule E to former MDB Agreement 87

                10A.40     Paragraph 14 (5) (a) of Schedule E to former MDB Agreement                                88

                10A.41     Subclause 5 (2) of Schedule F to former MDB Agreement  89

                10A.42     Subclause 6 (2) of Schedule F to former MDB Agreement  90

                10A.43     Subclause 7 (2) of Schedule F to former MDB Agreement  91

                10A.44     Subclause 10 (1) of Schedule F to former MDB Agreement — protocols                  92

                10A.45     Subclause 10 (1) of Schedule F to former MDB Agreement — resolutions               92

                10A.46     Subclause 18 (2) of Schedule G to former MDB Agreement 93

                10A.47     Subclause 18 (3) of Schedule G to former MDB Agreement 94

                10A.48     Subclause 18 (4) of Schedule G to former MDB Agreement 95

                10A.49     Subclause 18 (5) of Schedule G to former MDB Agreement 96

                10A.50     Clause 6 of Schedule H to former MDB Agreement           97

                10A.51     Paragraph 10 (4) (a) of Schedule H to former MDB Agreement                                98

                10A.52     Things done under protocols made under Schedules to former MDB Agreement       99

                10A.53     References to River Murray Water in protocols made under Schedules to former MDB Agreement                                                                                    99

                10A.54     Vesting of certain assets of Murray-Darling Basin Commission                               99

                10A.55     Agreements between Contracting Governments              100

Schedule 1             Murray‑Darling Basin — Hundreds of Livingston and Carcuma overlap area  101

Schedule 1A           Amendments incorporated into Murray‑Darling Basin Agreement                   106

Schedule 3             Subcategories of information                                    110

Part 1                      Definitions                                                                   110

Part 2                      Subcategories in category 1 — surface water resource information                         113

Part 3                      Subcategories in category 2 — ground water resource information                          113

Part 4                      Subcategories in category 3 — information on major and minor water storages        114

Part 5                      Subcategories in category 4 — meteorological information 114

Part 6                      Subcategories in category 5 — water use information      116

Part 7                      Subcategories in category 6 — information about rights, allocations and trades in relation to water                                                                                  117

Part 8                      Subcategories in category 7 — information about urban water management            118

Part 9                      Subcategory in category 8 — information about water restrictions                           119

Part 10                    Subcategories in category 9 — water quality information  120

Part 11                    Subcategories in category 10 — descriptive and reference information about water information in other categories                                                           121

Notes                                                                                                        122

 


Part 1                 Preliminary

  

1.01        Name of Regulations [see Note 1]

                These Regulations are the Water Regulations 2008.

1.02        Commencement [see Note 1]

                These Regulations commence on the first Monday after they are registered.

1.03        Definitions

         (1)   In these Regulations:

Act means the Water Act 2007.

Category A person means a person specified as a Category A person in the document titled Persons and Classes of Persons.

Category B person means a person specified as a Category B person in the document titled Persons and Classes of Persons.

Category C person means a person specified as a Category C person in the document titled Persons and Classes of Persons.

Category D person means a person specified as a Category D person in the document titled Persons and Classes of Persons.

Category E person means a person specified as a Category E person in the document titled Persons and Classes of Persons.

Category F person means a person specified as a Category F person in the document titled Persons and Classes of Persons.

Category G person means a person specified as a Category G person in the document titled Persons and Classes of Persons.

Category H person means a person specified as a Category H person in the document titled Persons and Classes of Persons.

data management system means the software and hardware used to manage the storage of and access to information held in a set of related files.

electronic format means a format that is machine readable, but does not include scanned documents.

major storage means any water storage that has a storage capacity of 1 GL or more.

water connection means a distribution point for a water service provided to an end user.

water restrictions means any constraints or restrictions, placed on water use by an infrastructure operator, local council or State government, that affect at least 20 000 water connections.

web service means a software system designed to support machine‑to‑machine interaction, in which the machines are capable of being used or operated reciprocally over a network of computers.

         (2)   In these Regulations:

GL is an acronym for gigalitre.

ML is an acronym for megalitre.

1.04        Interpretation

         (1)   A reference to an hour in these Regulations is to a period of 60 minutes starting on the hour (eg 12:00).

         (2)   A reference to a day in these Regulations is to a period of 24 hours starting at 12:00 midnight.

         (3)   A reference to a week in these Regulations is to a period of seven consecutive days starting on the first moment of a Monday and finishing at the end of the following Sunday.

         (4)   A reference to a month in these Regulations is to one of the 12 months of the calendar year (eg January).

Note   The term calendar month in these Regulations has the meaning given by paragraph 22 (1) (g) of the Acts Interpretation Act 1901.

         (5)   A reference to a year in these Regulations is to a financial year.

1.05        Definition of Basin water resources in subsection 4 (1) of the Act — prescribed water resources

         (1)   For paragraph (a) of the definition of Basin water resources in subsection 4 (1) of the Act, ground water occurring beneath the Murray‑Darling Basin — Hundreds of Livingston and Carcuma overlap area is prescribed.

         (2)   In Schedule 1 all references to geographic coordinates are expressed in terms of the Geocentric Datum of Australia 1994.

Note   The Geocentric Datum of Australia 1994 (also known as GDA 94) was published in Gazette No. GN 35 of 6 September 1995.

         (3)   In this regulation:

Murray‑Darling Basin — Hundreds of Livingston and Carcuma overlap area means the area described in Schedule 1.

1.06        References to documents published by Bureau

         (1)   A reference in these Regulations to the document titled Persons and Classes of Persons is a reference to the document by that name published from time to time by the Bureau and available at http://www.bom.gov.au/water.

         (2)   A reference in these Regulations to the document titled Commercially Sensitive Sites is a reference to the document by that name published from time to time by the Bureau and available at http://www.bom.gov.au/water.

Part 1A               The Murray‑Darling Basin Agreement

  

1A.01      Preliminary

                This Part and Schedule 1A are made for section 18C of the Act.

1A.02      Amendments incorporated into Murray‑Darling Basin Agreement

                Schedule 1A amends Schedule 1 to the Act by incorporating into the Murray‑Darling Basin Agreement amendments made to, and in accordance with, that Agreement.

Note 1   The Murray‑Darling Basin Agreement requires the agreement of the Murray‑Darling Basin Ministerial Council to any amendments of the Murray‑Darling Basin Agreement.

Note 2   Amendments of the Murray‑Darling Basin Agreement, made in accordance with that agreement, operate as an agreement between the parties. The text of the Agreement as set out in Schedule 1 to the Act will be amended accordingly, and as such it has further effect as provided for by the Water Act 2007 (for example, see sections 18E and 18F). The amendment of Schedule 1 to the Act by itself cannot amend the agreement between the parties.

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;

                         (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 4.15 (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.

Part 7                 Water information

Division 7.1           Purposes of Part

7.01        Purposes of Part

                This Part is made for the purposes of section 126 of the Act.

Division 7.2           Persons and classes of persons

7.10        Persons to give water information to the Bureau

                The following persons must give to the Bureau a copy of water information of the kind specified in Division 7.4 in relation to those persons:

                (a)    a Category A person;

               (b)    a Category B person;

                (c)    a Category C person;

               (d)    a Category D person;

                (e)    a Category E person;

                (f)    a Category F person;

                (g)    a Category G person;

                (h)    a Category H person.

Note   A person is required to give a copy of water information to the Bureau only if it is in that person’s possession, custody or control — see subsection 126 (1) of the Act.

Division 7.3           Categories and subcategories of water information

7.11        Categories of information

         (1)   For this Part, water information is water information of a kind described in the categories specified in the following table.

Category number

Description of category information

1

Surface water resource information

2

Ground water resource information

3

Information on major and minor water storages

4

Meteorological information

5

Water use information

6

Information about rights, allocations and trades in relation to water

7

Information about urban water management

8

Information about water restrictions

9

Water quality information

10

Descriptive and reference information about water information in other categories

         (2)   The categories in subregulation (1) do not include water information of the following kinds:

                (a)    information held in a form that is not an electronic format;

               (b)    information publicly available on the Bureau’s website;

                (c)    information in the possession, custody or control of a person specified in regulation 7.10 who:

                          (i)    is required to give a copy of that water information to the Bureau under Division 7.4; and

                         (ii)    reasonably believes that the water information is already in the Bureau’s possession; and

                         (iii)    has notified the Bureau, in writing, of the decision not to provide the information because of that belief;

               (d)    information in the possession, custody or control of the following persons if the information was collected solely for a project which the person expects to be of no more than 12 calendar months duration:

                          (i)    a Category C person;

                         (ii)    a Category D person;

                         (iii)    a Category E person;

                        (iv)    a Category F person;

                         (v)    a Category G person;

                        (vi)    a Category H person;

              (da)    information in the possession, custody or control of a person if the information was collected from a single site for a period of no more than 12 continuous weeks;

                (e)    information in the possession, custody or control of a person specified in regulation 7.10 if that information was collected solely in order to fulfil a contractual arrangement with another person not specified in that regulation.

         (3)   Information in each category listed below is made up of the information in the subcategories as follows:

                (a)    category 1 — subcategories in Part 2 of Schedule 3;

               (b)    category 2 — subcategories in Part 3 of Schedule 3;

                (c)    category 3 — subcategories in Part 4 of Schedule 3;

               (d)    category 4 — subcategories in Part 5 of Schedule 3;

                (e)    category 5 — subcategories in Part 6 of Schedule 3;

                (f)    category 6 — subcategories in Part 7 of Schedule 3;

                (g)    category 7 — subcategories in Part 8 of Schedule 3;

                (h)    category 8 — subcategory in Part 9 of Schedule 3;

                 (i)    category 9 — subcategories in Part 10 of Schedule 3;

                (j)    category 10 — subcategories in Part 11 of Schedule 3.

Division 7.4           Water information to be given to the Bureau

7.12        Meanings of interim period and grace period

         (1)   For the purposes of this Part, interim period, in relation to a person who, on the commencement of this Part, is specified as a person in a category mentioned in an item in the table in regulation 7.13, means the period:

                (a)    beginning on the commencement of this Part; and

               (b)    ending when the time frame specified in the corresponding column in the table for that person ends.

         (2)   For the purposes of this Part, grace period, in relation to a person who, after this Part commences, is specified as a person in a category mentioned in an item in the table in regulation 7.13, means the period:

                (a)    beginning on the day the person is specified as a person; and

               (b)    ending three calendar months after that day.

7.13        Water information held on commencement or during interim period or grace period

         (1)   This regulation applies if:

                (a)    on the commencement of this Part, a person is specified as a person in a category mentioned in an item in the table in subregulation (2), and:

                          (i)    immediately before the commencement of this Part, the person had water information in the person’s possession, custody or control that is specified in the corresponding column of the table, and that water information has been entered into a data management system; or

                         (ii)    during the interim period for the person, water information specified in the corresponding column in the table comes into the person’s possession, custody or control, and that water information is entered into a data management system; or

               (b)    after this Part commences, a person is specified as a person in a category mentioned in an item in the table in subregulation (2), and during the grace period for that person, the person has in the person’s possession, custody or control water information that:

                          (i)    is specified in the corresponding column of the table; and

                         (ii)    has been entered into a data management system.

         (2)   A person mentioned in paragraph (1) (a) must give a copy of the water information to the Bureau no later than midday of the fourteenth day after the interim period specified in the corresponding column of the following table ends.

Item

Category of persons

Water information subcategories

Length of interim period

1

A and B

1a, 1b, 2a, 2b, 3e and 3f

3 calendar months

2

A and B

4a–4i, 5a and 8a

7 calendar months

3

A and B

5b–5i and 6a–6g

9 calendar months

4

A and B

9a–9h

12 calendar months

5

C

1a, 1b, 3a–3d and 3f

3 calendar months

6

C

4a–4i

7 calendar months

7

D

3a–3d

7 calendar months

8

E

1a, 1b, 2a, 2b, 3e, 4a–4i and 5a

7 calendar months

9

E

5b–5e and 6b–6d

9 calendar months

10

E

9a–9h

12 calendar months

11

F

1a, 1b, 2a, 2b, 3e, 4a–4i, 7a–7o and 8a

7 calendar months

12

F

9a–9h

12 calendar months

13

G

1a, 1b, 2a, 2b, 4a–4i and 9a–9h

12 calendar months

         (3)   A person mentioned in paragraph (1) (b) must give a copy of the water information to the Bureau no later than midday of the fourteenth day after the grace period for that person ends.

         (4)   However, if:

                (a)    a person is a Category C person; and

               (b)    the water information is collected from a site listed in the document titled Commercially Sensitive Sites;

the person must give a copy of that water information, expressed as mean daily values, to the Bureau no later than midday of the day two calendar months after the interim period or the grace period ends.

         (5)   If a person gives a copy of water information to the Bureau under this regulation, the person must, at the same time, also give to the Bureau a copy of all category 10 water information that is in the person’s possession, custody or control that relates to the water information being given.

         (6)   If:

                (a)    a person has given a copy of water information to the Bureau under this regulation; and

               (b)    the person amends that water information during the interim period or the grace period;

the person must give a copy of the amended water information to the Bureau no later than midday of the fourteenth day after the interim period or the grace period ends.

7.14        Continuing obligation to give water information

         (1)   This regulation applies to a person if:

                (a)    paragraph 7.13 (1) (a) applied to that person and the interim period for that person has ended; or

               (b)    paragraph 7.13 (1) (b) applied to that person and the grace period for that person has ended; or

                (c)    the person is a Category H person.

         (2)   If:

                (a)    a person is specified in an item in the following table; and

               (b)    the person has in the person’s possession, custody or control water information that is specified in the corresponding column of the table; and

                (c)    that water information has been entered into a data management system;

the person must give a copy of the water information to the Bureau within the time frame specified in the corresponding column of the table.

Item

Category of persons

Water information subcategory

Time frame

1

H

1a

Hourly

2

H

1b

Hourly

3

A, B, C, E, F, G

1a

Daily

4

A, B, C, E, F, G

1b

Daily

5

A, B, E, F, G

2a

Monthly

6

A, B, E, F, G

2b

Monthly

7

C, D

3a

Daily

8

C, D

3b

Daily

9

C, D

3c

Daily

10

C, D

3d

Daily

11

A, B, E, F

3e

Daily

12

A, B, C

3f

Yearly

13

H

4a

Hourly

14

A, B, C, E, F, G

4a

Daily

15

A, B, C, E, F, G

4b

Daily

16

A, B, C, E, F, G

4c

Daily

17

A, B, C, E, F, G

4d

Daily

18

A, B, C, E, F, G

4e

Daily

19

A, B, C, E, F, G

4f

Daily

20

A, B, C, E, F, G

4g

Daily

21

A, B, C, E, F, G

4h

Daily

22

A, B, C, E, F, G

4i

Daily

23

A, B, E

5a

Daily

24

A, B, E

5b

Yearly

25

A, B, E

5c

Yearly

26

A, B, E

5d

Yearly

27

A, B, E

5e

Yearly

28

A, B

5f

Yearly

29

A, B

5g

Yearly

30

A, B

5h

Yearly

31

A, B

5i

Yearly

32

A, B

6a

Yearly

33

A, B, E

6b

Yearly

34

A, B, E

6c

Weekly

35

A, B, E

6d

Weekly

36

A, B

6e

Yearly

37

A, B

6f

Yearly

38

A, B

6g

Yearly

39

F

7a

Yearly

40

F

7b

Yearly

41

F

7c

Yearly

42

F

7d

Yearly

43

F

7e

Yearly

44

F

7f

Yearly

45

F

7g

Yearly

46

F

7h

Yearly

47

F

7i

Yearly

48

F

7j

Yearly

49

F

7k

Yearly

50

F

7l

Yearly

51

F

7m

Yearly

52

F

7n

Yearly

53

F

7o

Yearly

54

A, B, F

8a

At the same time that a water restriction announcement is made

55

A, B, E, F, G

9a

Daily

56

A, B, E, F, G

9b

Yearly

57

A, B, E, F, G

9c

Yearly

58

A, B, E, F, G

9d

Yearly

59

A, B, E, F, G

9e

Yearly

60

A, B, E, F, G

9f

Yearly

61

A, B, E, F, G

9g

Yearly

62

A, B, E, F, G

9h

Yearly

         (3)   Paragraph (2) (c) does not apply to information in subcategory 8a.

         (4)   However, if:

                (a)    a person is a Category C person; and

               (b)    the water information is collected from a site listed in the document titled Commercially Sensitive Sites;

the person must give a copy of that water information, expressed as mean daily values, to the Bureau no later than midday of the day two calendar months after the information was entered onto the data management system.

         (5)   If:

                (a)    a person has given a copy of water information to the Bureau under subregulation (2); and

               (b)    the person amends that water information;

the person must give a copy of the amended water information to the Bureau within the time frame specified in the table in subregulation (2) for that water information.

         (6)   If:

                (a)    a person gave a copy of water information to the Bureau under regulation 7.13; and

               (b)    after the end of the interim period or grace period for that person the person amends that water information;

the person must give a copy of the amended water information to the Bureau within the time frame specified in the table in subregulation (2) for that water information.

         (7)   If the person gives a copy of water information to the Bureau under this regulation, the person must, at the same time, also give to the Bureau a copy of all category 10 water information that is in the person’s possession, custody or control that relates to the water information being given.

7.15        When information is to be given to the Bureau

         (1)   If:

                (a)    an item in the table in regulation 7.14 specifies that the time frame for giving water information to the Bureau is hourly; and

               (b)    during a particular hour the water information was entered into a data management system used by a person who is required to give that information to the Bureau;

the person must give that water information to the Bureau no later than five minutes after the end of that particular hour.

         (2)   If:

                (a)    an item in the table in regulation 7.14 specifies that the time frame for giving water information to the Bureau is daily; and

               (b)    on a particular day the water information was entered into a data management system used by a person who is required to give that information to the Bureau;

the person must give that water information to the Bureau no later than midday on the next day following that particular day.

         (3)   If:

                (a)    an item in the table in regulation 7.14 specifies that the time frame for giving water information to the Bureau is weekly; and

               (b)    during a particular week the water information was entered into a data management system used by a person who is required to give that information to the Bureau;

the person must give that water information to the Bureau no later than midday on the first day of the next week following that particular week.

         (4)   If:

                (a)    an item in the table in regulation 7.14 specifies that the time frame for giving water information to the Bureau is monthly; and

               (b)    during a particular month the water information was entered into a data management system used by a person who is required to give that information to the Bureau;

the person must give that water information to the Bureau no later than midday on the second day of the next month following that particular month.

         (5)   If:

                (a)    an item in the table in regulation 7.14 specifies that the time frame for giving water information to the Bureau is yearly; and

               (b)    during a particular year the water information was entered into a data management system used by a person who is required to give that information to the Bureau;

the person must give that water information to the Bureau no later than midday on the twentieth day of the next year following that particular year.

7.16        Water information collected during a project of no more than 48 calendar months duration

         (1)   This regulation applies if:

                (a)    water information is collected by a person solely for the purpose of a project that the person expects to be of no more than 48 calendar months duration; and

               (b)    the water information is entered into a data management system; and

                (c)    the person is not a Category H person.

         (2)   The person is not required to give a copy of that water information to the Bureau under regulation 7.13.

         (3)   The time frames for giving water information to the Bureau in the table in regulation 7.14 do not apply to the person.

         (4)   If an interim period or a grace period applied to the person, the person must give to the Bureau a copy of the water information that was collected:

                (a)    during each full year that begins after the interim period or grace period for that person has ended, for the duration of the project; and

               (b)    during the period that starts immediately after the end of the last full year and ending on the last day of the project;

no later than 3 months after the end of the year to which the information relates.

         (5)   If the person gives a copy of water information to the Bureau under this regulation, the person must, at the same time, also give to the Bureau a copy of all category 10 water information that is in the person’s possession, custody or control that relates to the water information being given.

7.17        Application to first information period

         (1)   If an interim period or a grace period for a person ends after the start of a week (the first week) then:

                (a)    subregulation 7.15 (3) does not apply to the first week; and

               (b)    subregulation 7.15 (3) applies to the next week as if the next week also included the period from the end of the interim period or grace period to the end of the first week.

         (2)   If an interim period or a grace period for a person ends after the start of a month (the first month) then:

                (a)    subregulation 7.15 (4) does not apply to the first month; and

               (b)    subregulation 7.15 (4) applies to the next month as if the next month also included the period from the end of the interim period or grace period to the end of the first month.

7.18        How information is to be given to the Bureau

         (1)   A person must give a copy of water information under regulations 7.13 and 7.16 to the Bureau:

                (a)    in the form of a CD, DVD or external hard drive; or

               (b)    by way of the Internet using File Transfer Protocol (FTP) or web services.

         (2)   A person must give a copy of water information under regulation 7.14 to the Bureau by way of the Internet using FTP or web services.

         (3)   However:

                (a)    information in categories 5 and 6 may be given to the Bureau in the form of a CD, DVD or external hard drive; and

               (b)    information in subcategory 8a may be given to the Bureau in an email sent to the email address, if any, specified on the Bureau’s website as being for this purpose.

         (4)   If a person is required to include a time reference in the water information, the person must also include the time zone against which the time reference is made.

         (5)   If:

                (a)    a person is required to give a copy of water information to the Bureau under this Part; and

               (b)    the description of a subcategory of water information in Schedule 3 provides that the water information should be expressed using a particular unit of measurement; and

                (c)    the person has measured the water information using a different unit of measurement from what is provided in the description in Schedule 3;

the person must convert the unit of measurement into the unit required by the description in Schedule 3 before giving a copy of that water information to the Bureau.

Part 10               Murray‑Darling Basin Authority (special powers)

  

10.01      Identity cards

                For subsection 218 (1) of the Act, an identity card issued to an authorised officer must be in a form that:

                (a)    is not smaller than 85 mm by 53 mm in size; and

               (b)    contains the following information on the front of the card:

                          (i)    the full name of the authorised officer;

                         (ii)    the signature of the authorised officer;

                         (iii)    for the photograph required under subsection 218 (1) of the Act, an image showing the authorised officer’s full face, and his or her head and shoulders;

                        (iv)    a statement that the person to whom the card is issued is appointed as an authorised officer by the Authority under subsection 217 (1) of the Act;

                         (v)    a unique card number;

                        (vi)    the date the card expires;

                        (vii)    the Australian coat of arms; and

                (c)    contains the following information on the back of the card:

                          (i)    the date the card was issued;

                         (ii)    the phone number of the Authority;

                         (iii)    instructions for the return of the identity card if found.

Note   Subsection 218 (1) of the Act provides that an identity card issued to an authorised officer must contain a recent photograph of the officer.

Part 10A             Transitional matters relating to former MDB Agreement

Division 10A.1      Preliminary

10A.01   Purposes of Part

                This Part provides for transitional matters relating to the former MDB Agreement and is made under Part 10A of the Act.

10A.02   References to various persons or bodies

                In this Part, if a regulation mentions any of the following persons or bodies as being referred to in an instrument made before the commencement of Part 10A of the Act, the reference includes a reference to the person or body however described:

                (a)    the Murray–Darling Basin Commission;

               (b)    the former Murray–Darling Basin Ministerial Council;

                (c)    a State Contracting Government or a Contracting Government.

Division 10A.2      General — effect on instruments and things done

Subdivision 10A.2.1   References in certain instruments to Murray–Darling Basin Commission etc

10A.03   Effect on certain transitional instruments

         (1)   For subsection 239N (2) of the Act, a transitional instrument of a kind mentioned in column 2 of an item in the following table is specified.

         (2)   For subsection 239N (3) of the Act, a transitional instrument of a kind mentioned in column 2 of an item in the following table has effect as if references in the instrument to a person or body mentioned in column 3 of the item were references to the person or body mentioned in column 4 of the item.

Item

Transitional instrument specified for s 239N (2) of Act

Person or body referred to in instrument

New reference for that person or body

1

A resolution made by the Murray–Darling Basin Commission determining a water level for the purposes of the definition of minimum operating level in clause 2 of the former MDB Agreement

the Murray–Darling Basin Commission

the Murray–Darling Basin Ministerial Council

2

A resolution made by the Murray–Darling Basin Commission excepting an effluent or an anabranch for the purposes of paragraph (c) of the definition of upper River Murray in clause 2 of the former MDB Agreement

the Murray–Darling Basin Commission

the Murray–Darling Basin Ministerial Council

3

A resolution made by the former Murray–Darling Basin Ministerial Council granting approval for a tender under subclause 54 (1) of the former MDB Agreement

the former Murray–Darling Basin Ministerial Council

the Authority

4

A resolution made by the Murray–Darling Basin Commission determining how the proceeds from the disposal of surplus assets are to be paid or distributed under subclause 77 (2) of the former MDB Agreement

the Murray–Darling Basin Commission

the Basin Officials Committee

5

A resolution made by the Murray–Darling Basin Commission determining an alternative quantity of River Murray water for dilution and losses per month, or an additional quantity for dilution, under paragraphs 86 (b) and (c) of the former MDB Agreement

the Murray–Darling Basin Commission

the Murray–Darling Basin Ministerial Council

6

A resolution made by the Murray–Darling Basin Commission approving a tributary or outfall under paragraph 91 (1) (d) of the former MDB Agreement

the Murray–Darling Basin Commission

the Murray–Darling Basin Ministerial Council

7

A resolution made by the Murray–Darling Basin Commission making a determination about releases from, or amounts of water in, the Menindee Lakes Storage under subclause 92 (3) of the former MDB Agreement

the Murray–Darling Basin Commission

the Murray–Darling Basin Ministerial Council

8

A resolution made by the Murray–Darling Basin Commission determining alternative limitations on the use of water under clause 94 of the former MDB Agreement

the Murray–Darling Basin Commission

the Murray–Darling Basin Ministerial Council

9

A resolution made by the Murray–Darling Basin Commission determining an alternative formula for determining the minimum reserve under subclause 100 (2) of the former MDB Agreement

the Murray–Darling Basin Commission

the Murray–Darling Basin Ministerial Council

10

A resolution made by the Murray–Darling Basin Commission determining an alternative quantity of water to be the minimum reserve to be held in Lake Victoria under subclause 100 (4) of the former MDB Agreement

the Murray–Darling Basin Commission

the Murray–Darling Basin Ministerial Council

11

A resolution made by the Murray–Darling Basin Commission specifying a level for the operation of a power station under paragraph 115 (3) (b) of the former MDB Agreement

the Murray–Darling Basin Commission

the Murray–Darling Basin Ministerial Council

12

A resolution made by the Murray–Darling Basin Commission determining a higher level as the target capacity under paragraph 115 (4) (b) of the former MDB Agreement

the Murray–Darling Basin Commission

the Murray–Darling Basin Ministerial Council

13

A resolution made by the Murray–Darling Basin Commission determining a level under subclause 117 (1) of the former MDB Agreement

the Murray–Darling Basin Commission

the Murray–Darling Basin Ministerial Council

14

A resolution made by the Murray–Darling Basin Commission determining an alternative arrangement for attributing a water order to New South Wales and Victoria under subclause 121 (1) of the former MDB Agreement

the Murray–Darling Basin Commission

the Murray–Darling Basin Ministerial Council

15

An agreement or resolution in relation to the Required Annual Release Shortfall in a Water Year during which a period of special accounting is in effect under Table One of subclause 13 (1) of Schedule G to the former MDB Agreement

the Murray–Darling Basin Commission

the Murray–Darling Basin Ministerial Council

10A.04   Certain instruments not being continued under transitional arrangements

                A transitional instrument specified in column 2 of an item in the following table is specified for the purposes of subsection 239N (2) of the Act.

Item

Transitional instrument

1

A contract of employment entered into by the Murray–Darling Basin Commission with an employee of the Commission under paragraph 17 (4) (a) or 36 (a) of the former MDB Agreement

2

A novation agreement under paragraph 17 (4) (a) of the former MDB Agreement between the Murray–Darling Basin Commission, the Authority and an employee of the Commission

3

An appointment to the Murray–Darling Basin Commission under clause 20 of the former MDB Agreement

4

A resolution made by the Murray–Darling Basin Commission determining its procedure under subclause 32 (9) of the former MDB Agreement

5

A resolution made by the Murray–Darling Basin Commission delegating any of its powers under subclause 34 (1) of the former MDB Agreement

6

A resolution made by the Murray–Darling Basin Commission initiating a proposal for works or measures under subclause 39 (4) of the former MDB Agreement

7

A resolution made by the former Murray–Darling Basin Ministerial Council under subclause 51 (2) of the former MDB Agreement, consenting to meeting, or contributing to, the costs of, or associated with, ancillary, preventative and remedial works

8

A resolution made by the Murray–Darling Basin Commission or the former Murray–Darling Basin Ministerial Council that approves the obtaining of financial accommodation under subclause 67 (1) of the former MDB Agreement

9

A resolution made by the former Murray–Darling Basin Ministerial Council approving funds to be available for expenditure in the subsequent financial year under paragraph 75 (1) (a) of the former MDB Agreement

10

A resolution made by the Murray–Darling Basin Commission in relation to estimated baseline conditions under subclause 5 (3) of Schedule C to the former MDB Agreement

10A.05   Effect on Intergovernmental Agreement

         (1)   For subsection 239N (2) of the Act, the Intergovernmental Agreement on Addressing Water Overallocation and Achieving Environmental Objectives in the Murray–Darling Basin of 25 June 2004 is specified.

         (2)   For subsection 239N (3) of the Act, the Intergovernmental Agreement has effect as if:

                (a)    a reference in the Intergovernmental Agreement to the Murray–Darling Basin Commission were a reference to the Authority; and

               (b)    a reference in the Intergovernmental Agreement to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council, except in clause 3 of the Intergovernmental Agreement; and

                (c)    a reference in the Intergovernmental Agreement to the Contracting Governments under the former MDB Agreement were a reference to the Contracting Governments under the Agreement.

10A.06   Effect on Supplementary Intergovernmental Agreement

         (1)   For subsection 239N (2) of the Act, the Supplementary Intergovernmental Agreement on Addressing Water Overallocation and Achieving Environmental Objectives in the Murray–Darling Basin of 14 July 2006 is specified.

         (2)   For subsection 239N (3) of the Act, the Supplementary Intergovernmental Agreement has effect as if:

                (a)    a reference in the Supplementary Intergovernmental Agreement to the Murray–Darling Basin Commission were a reference to the Authority, except in clause 1 of the Supplementary Intergovernmental Agreement; and

               (b)    a reference in the Supplementary Intergovernmental Agreement to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

                (c)    a reference in the Supplementary Intergovernmental Agreement to the Contracting Governments under the former MDB Agreement were a reference to the Contracting Governments under the Agreement.

Subdivision 10A.2.2   Things done under former MDB Agreement

10A.07   Effect of things done

         (1)   For subparagraph 239Q (1) (c) (i) of the Act, if:

                (a)    a thing is done before the commencement of Part 10A of the Act; and

               (b)    the thing is done under a provision of the former MDB Agreement mentioned in column 2 of an item in the following table;

then the provision of the Agreement mentioned in column 4 of that item is specified.

         (2)   For subparagraph 239Q (1) (c) (ii) of the Act, if the thing is done by, or in relation to, or pursuant to a resolution of a body or person mentioned in column 3 of an item in the following table, the body or person mentioned in column 5 of that item is specified.


Item

Thing done under a provision of former MDB Agreement

Who was the thing done by, or in relation to or pursuant to a resolution of

For s 239Q (1) (c) (i) of Act — provision of the Agreement specified to be the corresponding provision

For s 239Q (1) (c) (ii) of Act — body or person specified to be corresponding body or person to that mentioned in column 3

1

Determination of a water level for the purposes of the definition of minimum operating level in clause 2

the Murray–Darling Basin Commission

definition of minimum operating level in clause 2

the Murray–Darling Basin Ministerial Council

2

Exception of an effluent or anabranch for the purposes of paragraph (c) of the definition of upper River Murray in clause 2

the Murray–Darling Basin Commission

paragraph (c) of the definition of upper River Murray in clause 2

the Murray–Darling Basin Ministerial Council

3

Authorisation of the construction, improvement, or replacement of works, work to remedy failure of works, or implementation of measures, under subclause 50 (1)

the former Murray–Darling Basin Ministerial Council

subclauses 56 (1) and (2)

the Murray–Darling Basin Ministerial Council

4

Nomination of the responsible Contracting Government under subclause 50 (5)

the former Murray–Darling Basin Ministerial Council

subclause 56 (5)

the Murray–Darling Basin Ministerial Council

5

Granting of approval for a tender under subclause 54 (1)

the former Murray–Darling Basin Ministerial Council

subclause 60 (2)

the Authority

6

Determination of how the proceeds from the disposal of surplus assets are to be paid or distributed under subclause 77 (2)

the Murray–Darling Basin Commission

subclause 82 (2)

the Basin Officials Committee

7

Determination of an alternative quantity for dilution and losses per month, or an additional quantity for dilution, under paragraphs 86 (b) and (c)

the Murray–Darling Basin Commission

paragraphs 88 (b) and (c)

the Murray–Darling Basin Ministerial Council

8

Requesting that the Murray–Darling Basin Commission vary a monthly quantity for a specified sequence of months under clause 88

the Commissioner for South Australia

clause 90

the Committee member for South Australia

9

Approval of a tributary or outfall under paragraph 91 (1) (d)

the Murray–Darling Basin Commission

paragraph 94 (1) (d)

the Murray–Darling Basin Ministerial Council

10

Determination about releases from, or amounts of water in, the Menindee Lakes Storage under subclause 92 (3)

the Murray–Darling Basin Commission

subclause 95 (3)

the Murray–Darling Basin Ministerial Council

11

Determination of alternative limitations on use of water under clause 94

the Murray–Darling Basin Commission

clause 97

the Murray–Darling Basin Ministerial Council

12

Determination of an alternative formula for determining the minimum reserve under subclause 100 (2)

the Murray–Darling Basin Commission

subclause 103 (2)

the Murray–Darling Basin Ministerial Council

13

Determination of an alternative quantity of water from the minimum reserve to be held in Lake Victoria under subclause 100 (4)

the Murray–Darling Basin Commission

subclause 103 (4)

the Murray–Darling Basin Ministerial Council

14

Specification of a level for the operation of a power station under paragraph 115 (3) (b)

the Murray–Darling Basin Commission

paragraph 116 (3) (b)

the Murray–Darling Basin Ministerial Council

15

Determination of a higher level as the target capacity under paragraph 115 (4) (b)

the Murray–Darling Basin Commission

paragraph 116 (4) (b)

the Murray–Darling Basin Ministerial Council

16

Determination of a level under subclause 117 (1)

the Murray–Darling Basin Commission

subclause 118 (1)

the Murray–Darling Basin Ministerial Council

17

Determination of an alternative arrangement for attributing a water order to New South Wales and Victoria under subclause 121 (1)

the Murray–Darling Basin Commission

subclause 122 (1)

the Murray–Darling Basin Ministerial Council

18

Making a request to the former Murray–Darling Basin Ministerial Council for amendment of an End‑of‑Valley Target under subclause 9 (2) of Schedule C

a State Contracting Government

subclause 9 (2) of Schedule B

the corresponding State Contracting Government

19

Agreeing under subclause 23 (1) of Schedule C

a Contracting Government

subclause 23 (1) of Schedule B

the corresponding Contracting Government

20

Making a report by a State Contracting Government under subclause 33 (1) of Schedule C

a State Contracting Government

subclause 33 (1) of Schedule B

the corresponding State Contracting Government

21

Auditing by independent auditors under subclause 34 (3) of Schedule C

the independent auditors

subclause 34 (3) of Schedule B

the independent auditors

22

Preparation of a report of findings and recommendations under subclause 34 (5) of Schedule C

the independent auditors

subclause 34 (5) of Schedule B

the independent auditors

23

Reviewing a model or proposal of amendment to a model under clause 39 of Schedule C

a State Contracting Government

subclause 39 (1) of Schedule B

the corresponding State Contracting Government

24

Reporting to the former Murray–Darling Basin Ministerial Council under clause 46 of Schedule C

a State Contracting Government

clause 46 of Schedule B

the corresponding State Contracting Government

25

Addition or subtraction of an amount under subclause 9 (2) of Schedule E

the Murray–Darling Basin Commission

subclause 9 (2) of Schedule D

the Murray–Darling Basin Ministerial Council

26

Auditing under subclause 15 (1) of Schedule F

the Independent Audit Group appointed under Schedule F to the former MDB Agreement

subclause 15 (1) of Schedule E

the Independent Audit Group appointed under Schedule E to the Agreement

27

Determination under paragraph 17 (2) (a) of Schedule F

the Independent Audit Group appointed under Schedule F to the former MDB Agreement

paragraph 17 (2) (a) of Schedule E

the Independent Audit Group appointed under Schedule E to the Agreement

28

Reporting to the former Murray–Darling Basin Ministerial Council under subclause 19 (1) of Schedule F

the Government of a State

subclause 19 (1) of Schedule E

the Government of the corresponding State

 

29

Agreement or disagreement by Victoria to the Required Annual Release Shortfall in a Water Year during which a period of special accounting is not in effect under Table One of subclause 13 (1) of Schedule G

Victoria

Table One of subclause 13 (1) of Schedule F

Victoria

30

Agreement or disagreement in relation to the Required Annual Release Shortfall in a Water Year during which a period of special accounting is in effect under Table One of subclause 13 (1) of Schedule G

the Murray–Darling Basin Commission

Table One of subclause 13 (1) of Schedule F

the Murray–Darling Basin Ministerial Council

31

Engagement of an independent auditor by New South Wales under subclause 27 (4) of Schedule G

New South Wales

subclause 26 (4) of Schedule F

New South Wales


Division 10A.3      Other transitional matters

10A.08   Business continuity

         (1)   This regulation operates subject to clause 32 of the Agreement.

         (2)   For subsection 239W (1) of the Act, after the commencement of Part 10A of the Act, the Authority must perform its functions and exercise its powers consistently with:

                (a)    all resolutions made by the Murray–Darling Basin Commission that were in force immediately before the commencement of Part 10A of the Act; and

               (b)    all directions from the former Murray–Darling Basin Ministerial Council that were in force immediately before the commencement of Part 10A of the Act.

         (3)   Subregulation (2) applies in relation to a matter covered by such a resolution or such a direction until the Authority otherwise determines by resolution.

         (4)   If:

                (a)    the Authority proposes to make a resolution referred to in subregulation (3); and

               (b)    the resolution will be inconsistent with a direction mentioned in paragraph (2) (b);

then the Authority must notify the Murray–Darling Basin Ministerial Council of the proposed resolution before the resolution is made.

         (5)   If:

                (a)    the Authority makes a resolution referred to in subregulation (3); and

               (b)    the resolution is inconsistent with a direction mentioned in paragraph (2) (b); and

                (c)    the Authority did not notify the Murray–Darling Basin Ministerial Council of the resolution as required under subregulation (4);

then the Authority must notify the Murray–Darling Basin Ministerial Council of the resolution as soon as practicable after becoming aware of the failure to notify.

         (6)   If the Authority fails to give a notice under subregulation (4) or (5) about a resolution, the failure does not invalidate the resolution.

10A.09   Clause 10 of former MDB Agreement

                For subsections 239N (2) and 239Q (4) of the Act, a direction given by the former Murray–Darling Basin Ministerial Council under clause 10 of the former MDB Agreement to the Murray–Darling Basin Commission is specified.

10A.10   Paragraph 14 (1) (b) of former MDB Agreement

         (1)   This regulation is made under subsection 239W (1) of the Act.

         (2)   The Living Murray Community Reference Group, appointed by the former Murray–Darling Basin Ministerial Council under paragraph 14 (1) (b) of the former MDB Agreement, continues in existence after the commencement of Part 10A of the Act as if the Community Reference Group had been appointed by the Murray–Darling Basin Ministerial Council under subclause 15 (1) of the Agreement.

         (3)   After the commencement of Part 10A of the Act, the terms of reference of the Community Reference Group have effect as if:

                (a)    a reference in the terms of reference to the Murray–Darling Basin Commission were a reference to the Authority; and

               (b)    a reference in the terms of reference to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

                (c)    a reference in the terms of reference to the Community Advisory Committee were a reference to the Basin Community Committee.

10A.11   Clause 34 of former MDB Agreement

         (1)   This regulation is made under subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act, the Murray–Darling Basin Commission delegated, under clause 34 of the former MDB Agreement, any of its powers to a person; and

               (b)    either:

                          (i)    an instrument made by the delegate under the delegation was in effect immediately before the commencement of Part 10A of the Act; or

                         (ii)    a thing done by the delegate under the delegation was in effect immediately before the commencement of Part 10A of the Act.

         (3)   The instrument made by the delegate under the delegation is taken to be a transitional instrument for the purposes of section 239N of the Act as if it were an instrument made by the Murray–Darling Basin Commission.

         (4)   The thing done by the delegate under the delegation is taken to be a thing been done by the Murray–Darling Basin Commission for the purposes of section 239Q of the Act.

10A.12   Paragraph 42 (2) (a) of former MDB Agreement

         (1)   For subsection 239N (2) of the Act, a resolution made by the Murray–Darling Basin Commission informing the former Murray–Darling Basin Ministerial Council of a proposed system or means for monitoring or measuring under paragraph 42 (2) (a) of the former MDB Agreement is specified.

         (2)   For subsection 239N (3) of the Act, the resolution has effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and

               (b)    a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Basin Officials Committee.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, paragraph 46 (2) (a) of the Agreement is specified as the provision corresponding to paragraph 42 (2) (a) of the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to paragraph 46 (2) (a) of the Agreement:

                (a)    the Authority is specified as the body corresponding to the Murray–Darling Basin Commission; and

               (b)    the Basin Officials Committee is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

10A.13   Subclause 50 (2) of former MDB Agreement

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council had determined by resolution an alternative amount under subclause 50 (2) of the former MDB Agreement; and

               (b)    the resolution was in effect immediately before that commencement.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, subclause 56 (3) of the Agreement is specified as the provision corresponding to subclause 50 (2) of the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii), in relation to subclause 56 (3) of the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

         (5)   For subsection 239W (1) of the Act, after the commencement of Part 10A of the Act, the resolution has effect as if:

                (a)    a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and

               (b)    a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

                (c)    a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.

10A.14   Subclause 51 (2) of former MDB Agreement

         (1)   This regulation is made under subsection 239W (1) of the Act.

         (2)   If:

                (a)    before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council consented to contributing to or meeting costs under subclause 51 (2) of the former MDB Agreement; and

               (b)    immediately before the commencement of Part 10A of the Act, the consent was in force;

then, after the commencement of Part 10A of the Act, the Murray–Darling Basin Ministerial Council is taken to have approved the Authority contributing to or meeting those costs as part of a budget under the corporate plan referred to in paragraph 239S (1) (a) of the Act.

10A.15   Subclause 54 (1) of former MDB Agreement

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council had determined by resolution an alternative amount under subclause 54 (1) of the former MDB Agreement; and

               (b)    the resolution was in effect immediately before that commencement.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, subclause 60 (2) of the Agreement is specified as the provision corresponding to subclause 54 (1) of the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii), in relation to subclause 60 (2) of the Agreement, the Authority is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

         (5)   For subsection 239W (1) of the Act, after the commencement of Part 10A of the Act, the resolution has effect as if a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Authority.

10A.16   Subclauses 55 (1) and (2) of former MDB Agreement

         (1)   This regulation is made under subsection 239W (1) of the Act.

         (2)   During the transition period, subclauses 55 (1) and (2) of the former MDB Agreement continue in force as if:

                (a)    a reference to the Murray–Darling Basin Commission were a reference to the Authority; and

               (b)    a reference to the former MDB Agreement or the Agreement it replaced were a reference to the Agreement or the former MDB Agreement.

         (3)   In this regulation, transition period means the period beginning on the commencement of this Part and ending on whichever of the following occurs first:

                (a)    the day that any amendment to the corporate plan that was continued under section 239S of the Act is approved by the Murray–Darling Basin Ministerial Council under paragraph 35 (3) (a) of the Agreement;

               (b)    the day that the Murray–Darling Basin Ministerial Council approves a corporate plan under paragraph 34 (6) (a) of the Agreement.

10A.17   Clause 65 of former MDB Agreement — investigations, construction and administration costs

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council made a determination by resolution under paragraph (f) of the definition of investigations, construction and administration costs in clause 65 of the former MDB Agreement that a special action is such a cost; and

               (b)    the resolution is in effect immediately before the commencement of Part 10A of the Act.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, paragraph (f) of the definition of investigations, construction and administration costs in clause 71 of the Agreement is specified as the provision corresponding to paragraph (f) of the definition of investigations, construction and administration costs in clause 65 of the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to paragraph (f) of the definition of investigations, construction and administration costs in clause 71 of the Agreement, the Authority is specified as the corresponding body to the former Murray–Darling Basin Ministerial Council.

         (5)   For subsection 239W (1) of the Act, after the commencement of Part 10A of the Act, the resolution continues to have effect as if a reference to the former Murray–Darling Basin Ministerial Council were a reference to the Authority.

10A.18   Clause 65 of former MDB Agreement — operation and maintenance costs

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council made a determination by resolution under paragraph (e) of the definition of operation and maintenance costs in clause 65 of the former MDB Agreement that a special action is such a cost; and

               (b)    the resolution is in effect immediately before the commencement of Part 10A of the Act.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, paragraph (e) of the definition of operation and maintenance costs in clause 71 of the Agreement is specified as the provision corresponding to paragraph (e) of the definition of operation and maintenance costs in clause 65 of the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to paragraph (e) of the definition of operation and maintenance costs in clause 71 of the Agreement, the Authority is specified as the corresponding body to the former Murray–Darling Basin Ministerial Council.

         (5)   For subsection 239W (1) of the Act, after commencement of Part 10A of the Act, the resolution continues to have effect as if a reference to the former Murray–Darling Basin Ministerial Council were a reference to the Authority.

10A.19   Subclause 66 (1) of former MDB Agreement

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council determined by resolution under subclause 66 (1) of the former MDB Agreement the contribution to be made by a State or Territory, or the form of contribution to be made by the State or Territory; and

               (b)    the resolution is in effect immediately before the commencement of Part 10A of the Act.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, subclause 72 (1) of the Agreement is specified as the provision corresponding to subclause 66 (1) of the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 72 (1) of the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

         (5)   For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and

               (b)    a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

                (c)    a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.

10A.20   Subclause 66 (2) of former MDB Agreement

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council made a determination by resolution under subclause 66 (2) of the former MDB Agreement of the proportion of services attributable to each State Contracting Government; and

               (b)    the resolution is in effect immediately before the commencement of Part 10A of the Act.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, subclause 72 (2) of the Agreement is specified as the provision corresponding to subclause 66 (2) of the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 72 (2) of the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

         (5)   For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and

               (b)    a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

                (c)    a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.

10A.21   Subclauses 66 (3), (4) and (5) of former MDB Agreement

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council made a decision or a determination by resolution under subclause 66 (3), (4) or (5) of the former MDB Agreement; and

               (b)    the resolution is in effect immediately before the commencement of Part 10A of the Act.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, subclauses 72 (3), (4) and (5) of the Agreement are specified as the provisions corresponding to subclauses 66 (3), (4) and (5) of the former MDB Agreement respectively.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclauses 72 (3), (4) and (5) of the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

         (5)   For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and

               (b)    a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

                (c)    a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.

10A.22   Subclause 67 (2) of former MDB Agreement

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council determined by resolution under subclause 67 (2) of the former MDB Agreement an annuity contribution; and

               (b)    the resolution is in effect immediately before the commencement of Part 10A of the Act.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, subclause 73 (1) of the Agreement is specified as the provision corresponding to subclause 67 (2) of the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 73 (1) of the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

         (5)   For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and

               (b)    a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

                (c)    a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.

10A.23   Clause 83 of former MDB Agreement

         (1)   This regulation is made under subsection 239W (1) of the Act.

         (2)   If:

                (a)    a payment was made by a Contracting Government before the commencement of Part 10A of the Act; and

               (b)    the payment was made under clause 83 of the former MDB Agreement in respect of payments made as compensation for damage by a Constructing Authority;

then, after that commencement, the payment continues to have effect as if it were a payment of a type described in clause 84 of the Agreement.

         (3)   If, immediately before the commencement of Part 10A of the Act, a Contracting Government is required to make a payment under clause 83 of the former MDB Agreement in respect of payments made as compensation for damage by a Constructing Authority then, after that commencement, that requirement continues in effect as if it were a requirement under clause 84 of the Agreement.

         (4)   If, after the commencement of Part 10A of the Act, a Constructing Authority made a payment of a kind mentioned in clause 83 of the former MDB Agreement in relation to damage that occurred before that commencement, then that payment has effect as if the payment were a payment by a Constructing Authority referred to in paragraph 84 (a) of the Agreement.

10A.24   Clause 84 of former MDB Agreement

         (1)   This regulation is made under subsection 239W (1) of the Act.

Annual report and audited financial statements for 2007–2008

         (2)   If, before the commencement of Part 10A of the Act, the Murray–Darling Basin Commission had not sent to the former Murray–Darling Basin Ministerial Council:

                (a)    a report under paragraph 84 (1) (a) of the former MDB Agreement for the 2007–2008 financial year; and

               (b)    audited financial statements under paragraph 84 (1) (b) of the former MDB Agreement for the 2007–2008 financial year;

the Authority must as soon as practicable:

                (c)    complete the report and audited financial statements; and

               (d)    send them to the Murray–Darling Basin Ministerial Council.

Annual report and audited financial statements for 2008–2009 — relating to Commission

         (3)   Separate to the Authority’s first report under clause 85 of the Agreement, after the commencement of Part 10A of the Act, the Authority must prepare a report and audited financial statements for so much of the 2008–2009 financial year that occurs before the commencement of Part 10A of the Act.

         (4)   The report and audited financial statements referred to in subregulation (3) must be prepared:

                (a)    in accordance with subclause 84 (1) of the former MDB Agreement; and

               (b)    at the same time as the Authority’s first report under clause 85 of the Agreement is prepared.

         (5)   For paragraph (4) (a), clause 84 of the former MDB Agreement continues in effect as if a reference to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council.

Signatures by Contracting Government representatives

         (6)   The reports and audited financial statements referred to in subregulations (2) and (3) must be approved and signed by a representative of each of the Contracting Governments to the former MDB Agreement.

10A.25   Clause 105 of former MDB Agreement

         (1)   For subsection 239N (2) of the Act, an approval by resolution under subclause 105 (1) of the former MDB Agreement is specified.

         (2)   For subsection 239N (3) of the Act, the resolution has effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Murray–Darling Basin Ministerial Council; and

               (b)    a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, subclause 108 (1) of the Agreement is specified as the provision corresponding to subclause 105 (1) of the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 108 (1) of the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the Murray–Darling Basin Commission.

10A.26   Clause 106 of former MDB Agreement

         (1)   For subsection 239N (2) of the Act, a resolution determining that a Contracting Government under the former MDB Agreement is not deemed to have used a quantity of water under clause 106 of the former MDB Agreement is specified.

         (2)   For subsection 239N (3) of the Act, the resolution has effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Murray–Darling Basin Ministerial Council; and

               (b)    a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, paragraph 109 (a) of the Agreement is specified as the provision corresponding to clause 106 of the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to paragraph 109 (a) of the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the Murray–Darling Basin Commission.

10A.27   Subclause 108 (2) of former MDB Agreement

         (1)   For subsection 239N (2) of the Act, a resolution under subclause 108 (2) of the former MDB Agreement determining that losses of water are not deemed to have been used by New South Wales or Victoria in the proportions referred to in that subclause is specified.

         (2)   For subsection 239N (3) of the Act, the resolution has effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Murray–Darling Basin Ministerial Council; and

               (b)    a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, subclause 110 (2) of the Agreement is specified as the provision corresponding to subclause 108 (2) of the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 110 (2) of the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the Murray–Darling Basin Commission.

10A.28   Subclause 111 (1) of former MDB Agreement

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act, an agreement of a kind referred to in subclause 111 (1) of the former MDB Agreement was made; and

               (b)    the agreement was in effect immediately before the commencement of Part 10A of the Act.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, subclause 113 (1) of the Agreement is specified as the provision corresponding to subclause 111 (1) of the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 113 (1) of the Agreement, New South Wales and Victoria are specified as the persons corresponding to a Commissioner for New South Wales and a Commissioner for Victoria respectively.

         (5)   For subsection 239W (1) of the Act, the agreement continues to have effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the agreement to a Commissioner for New South Wales were a reference to New South Wales; and

               (b)    a reference in the agreement to a Commissioner for Victoria were a reference to Victoria; and

                (c)    a reference in the agreement to the Murray–Darling Basin Commission were a reference to the Authority; and

               (d)    a reference in the agreement to former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council.

10A.29   Paragraph 2 (1) (a) of Schedule C to former MDB Agreement — Strategy

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council, by resolution, adopted or amended the Basin Salinity Management Strategy 2001–2015 under the definition of Strategy in paragraph 2 (1) (a) of Schedule C to the former MDB Agreement; and

               (b)    immediately before the commencement of Part 10A of the Act, the resolution was in force.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, the definition of Strategy in paragraph 2 (1) (a) of Schedule B to the Agreement is specified as the definition corresponding to the definition of Strategy in paragraph 2 (1) (a) of Schedule C to the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to the definition of Strategy in paragraph 2 (1) (a) of Schedule B to the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

         (5)   For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and

               (b)    a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

                (c)    a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.

10A.30   Subclause 10 (2) of Schedule C to former MDB Agreement

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council decided by resolution that further Joint works or measures in relation to salinity levels were necessary, desirable or convenient under subclause 10 (2) of Schedule C to the former MDB Agreement; and

               (b)    immediately before the commencement of Part 10A of the Act, the resolution was in force.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, subclause 10 (2) of Schedule B to the Agreement is specified as the provision corresponding to subclause 10 (2) of Schedule C to the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 10 (2) of Schedule B to the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

         (5)   For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and

               (b)    a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

                (c)    a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.

10A.31   Clause 11 of Schedule C to former MDB Agreement

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council made a decision under clause 11 of Schedule C to the former MDB Agreement; and

               (b)    immediately before the commencement of Part 10A of the Act, the decision was in force.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, clause 11 of Schedule B to the Agreement is specified as the corresponding provision to clause 11 of Schedule C to the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to clause 11 of Schedule B to the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

         (5)   For subsection 239W (1) of the Act, the decision continues to have effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the decision to the Murray–Darling Basin Commission were a reference to the Authority; and

               (b)    a reference in the decision to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

                (c)    a reference in the decision to a Contracting Government were a reference to a Contracting Government under the Agreement.

10A.32   Subclause 13 (2) of Schedule C to former MDB Agreement

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council made a determination by resolution under subclause 13 (2) of Schedule C to the former MDB Agreement; and

               (b)    immediately before the commencement of Part 10A of the Act, the resolution was in force.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, subclause 13 (2) of Schedule B to the Agreement is specified as the provision corresponding to subclause 13 (2) of Schedule C to the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 13 (2) of Schedule B to the Agreement, the Basin Officials Committee is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

         (5)   For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Basin Officials Committee.

10A.33   Clause 4 of Schedule D to former MDB Agreement

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council made a determination or a direction in relation to a determination under clause 4 of Schedule D to the former MDB Agreement; and

               (b)    immediately before the commencement of Part 10A of the Act, the determination or direction was in force.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, clause 39 of the Agreement is specified as the provision corresponding to clause 4 of Schedule D to the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to clause 39 of the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

         (5)   For subsection 239W (1) of the Act, the determination or direction continues to have effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the determination or direction to the Murray–Darling Basin Commission were a reference to the Authority; and

               (b)    a reference in the determination or direction to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

                (c)    a reference in the determination or direction to a Contracting Government were a reference to a Contracting Government under the Agreement.

10A.34   Clause 7 of Schedule D to former MDB Agreement

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council made an affirmation or decision by resolution under clause 7 of Schedule D to the former MDB Agreement; and

               (b)    immediately before the commencement of Part 10A of the Act, the resolution was in force.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, clause 41 of the Agreement is specified as the provision corresponding to clause 7 of Schedule D to the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to clause 41 of the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

         (5)   For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and

               (b)    a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

                (c)    a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.

10A.35   Paragraph 2 (d) of Schedule E to former MDB Agreement

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council made a determination by resolution under paragraph 2 (d) of Schedule E to the former MDB Agreement; and

               (b)    immediately before the commencement of Part 10A of the Act, the resolution was in force.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, paragraph 2 (d) of Schedule D to the Agreement is specified as the provision corresponding to paragraph 2 (d) of Schedule E to the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to paragraph 2 (d) of Schedule D to the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

         (5)   For subsection 239W (1) of the Act, the determination continues to have effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and

               (b)    a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

                (c)    a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.

10A.36   Subclause 3 (2) of Schedule E to former MDB Agreement

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council had made a determination by resolution under subclause 3 (2) of Schedule E to the former MDB Agreement; and

               (b)    that resolution is in effect immediately before the commencement of Part 10A of the Act.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, subclause 3 (2) of Schedule D to the Agreement is specified as the provision corresponding to subclause 3 (2) of Schedule E to the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 3 (2) of Schedule D to the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

         (5)   For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and

               (b)    a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

                (c)    a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.

10A.37   Subclause 5 (2) of Schedule E to former MDB Agreement

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council had made a resolution under subclause 5 (2) of Schedule E to the former MDB Agreement; and

               (b)    that resolution is in effect immediately before the commencement of Part 10A of the Act.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, subclause 5 (2) of Schedule D to the Agreement is specified as the provision corresponding to subclause 5 (2) of Schedule E to the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 5 (2) of Schedule D to the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

         (5)   For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the resolution to Schedule E to the former MDB Agreement were a reference to Schedule D to the Agreement; and

               (b)    a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and

                (c)    a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

               (d)    a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.

10A.38   Paragraph 13 (2) (b) of Schedule E to former MDB Agreement

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council had adopted, by resolution, principles under paragraph 13 (2) (b) of Schedule E to the former MDB Agreement; and

               (b)    that resolution is in effect immediately before the commencement of Part 10A of the Act.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, paragraph 13 (2) (b) of Schedule D to the Agreement is specified as the provision corresponding to paragraph 13 (2) (b) of Schedule E to the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to paragraph 13 (2) (b) of Schedule D to the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

         (5)   For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and

               (b)    a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

                (c)    a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.

10A.39   Subclause 13 (3) of Schedule E to former MDB Agreement

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council had made a resolution under subclause 13 (3) of Schedule E to the former MDB Agreement; and

               (b)    that resolution is in effect immediately before the commencement of Part 10A of the Act.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, subclause 13 (3) of Schedule D to the Agreement is specified as the provision corresponding to subclause 13 (3) of Schedule E to the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 13 (3) of Schedule D to the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

         (5)   For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and

               (b)    a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

                (c)    a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.

10A.40   Paragraph 14 (5) (a) of Schedule E to former MDB Agreement

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council had adopted a policy under paragraph 14 (5) (a) of Schedule E to the former MDB Agreement; and

               (b)    the adoption is still in effect immediately before that commencement.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, paragraph 14 (5) (a) of Schedule D to the Agreement is specified as the provision corresponding to paragraph 14 (5) (a) of Schedule E to the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii), in relation to paragraph 14 (5) (a) of Schedule D to the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

         (5)   For subsection 239W (1) of the Act, after the commencement of Part 10A of the Act, the adoption has effect as if:

                (a)    a reference in the adopted policy to the Murray–Darling Basin Commission were a reference to the Authority; and

               (b)    a reference in the adopted policy to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

                (c)    a reference in the adopted policy to a Contracting Government were a reference to a Contracting Government under the Agreement.

10A.41   Subclause 5 (2) of Schedule F to former MDB Agreement

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council had made a determination by resolution under subclause 5 (2) of Schedule F to the former MDB Agreement; and

               (b)    that resolution is in effect immediately before the commencement of Part 10A of the Act.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, subclause 5 (2) of Schedule E to the Agreement is specified as the provision corresponding to subclause 5 (2) of Schedule F to the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii), in relation to subclause 5 (2) of Schedule F to the former MDB Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

         (5)   For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and

               (b)    a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

                (c)    a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.

10A.42   Subclause 6 (2) of Schedule F to former MDB Agreement

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council had made a determination by resolution under subclause 6 (2) of Schedule F to the former MDB Agreement; and

               (b)    that resolution is in effect immediately before the commencement of Part 10A of the Act.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, subclause 6 (2) of Schedule E to the Agreement is specified as the provision corresponding to subclause 6 (2) of Schedule F to the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii), in relation to subclause 6 (2) of Schedule E to the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

         (5)   For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and

               (b)    a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

                (c)    a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.

10A.43   Subclause 7 (2) of Schedule F to former MDB Agreement

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act, the former Murray–Darling Basin Ministerial Council had made a determination by resolution under subclause 7 (2) of Schedule F to the former MDB Agreement; and

               (b)    that resolution is in effect immediately before the commencement of Part 10A of the Act.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, subclause 7 (2) of Schedule E to the Agreement is specified as the provision corresponding to subclause 7 (2) of Schedule F to the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii), in relation to subclause 7 (2) of Schedule E to the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

         (5)   For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and

               (b)    a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

                (c)    a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.

10A.44   Subclause 10 (1) of Schedule F to former MDB Agreement — protocols

                For subsection 239W (1) of the Act, if:

                (a)    a protocol was made under subclause 10 (1) of Schedule F to the former MDB Agreement by the former Murray–Darling Basin Ministerial Council; and

               (b)    the protocol is still in force immediately before the commencement of Part 10A of the Act;

then, after the commencement of Part 10A of the Act, the protocol continues to have effect as if it had been made by the Murray–Darling Basin Ministerial Council under subclause 10 (1) of Schedule E to the Agreement.

10A.45   Subclause 10 (1) of Schedule F to former MDB Agreement — resolutions

         (1)   For subsection 239N (2) of the Act, a resolution of the Murray–Darling Basin Commission under subclause 10 (1) of Schedule F to the former MDB Agreement is specified.

         (2)   For subsection 239N (3) of the Act, the resolution has effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the resolution to the Murray–Darling Basin Commission making a recommendation were a reference to the Basin Officials Committee; and

               (b)    a reference in the resolution to the Murray–Darling Basin Commission in any capacity other than making a recommendation were a reference to the Authority; and

                (c)    a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

               (d)    a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, subclause 10 (1) of Schedule E to the Agreement is specified as the provision corresponding to subclause 10 (1) of Schedule F to the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 10 (1) of Schedule E to the Agreement:

                (a)    the Basin Officials Committee is specified as the body corresponding to the Murray–Darling Basin Commission in its role of making a recommendation to the former Murray–Darling Basin Ministerial Council; and

               (b)    the Authority is specified as the body corresponding to the Murray–Darling Basin Commission in any of its capacities other than that mentioned in paragraph (a); and

                (c)    the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

10A.46   Subclause 18 (2) of Schedule G to former MDB Agreement

         (1)   This regulation applies if, before the commencement of Part 10A of the Act, the Murray–Darling Basin Commission had been advised by New South Wales or Victoria of a calculation under subclause 18 (2) of Schedule G to the former MDB Agreement

         (2)   For subparagraph 239Q (1) (c) (i) of the Act, subclause 18 (2) of Schedule F to the Agreement is specified as the provision corresponding to subclause 18 (2) of Schedule G to the former MDB Agreement.

         (3)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 18 (2) of Schedule F to the Agreement, both the Basin Officials Committee and the Authority are specified as bodies corresponding to the Murray–Darling Basin Commission.

10A.47   Subclause 18 (3) of Schedule G to former MDB Agreement

         (1)   For subsection 239N (2) of the Act, a resolution recommending that a Long Term Diversion Cap be amended under subclause 18 (3) of Schedule G to the former MDB Agreement is specified.

         (2)   For subsection 239N (3) of the Act, the resolution has effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the resolution to the Murray–Darling Basin Commission making a recommendation were a reference to the Basin Officials Committee; and

               (b)    a reference in the resolution to the Murray–Darling Basin Commission in any other capacity other than making a recommendation were a reference to the Authority; and

                (c)    a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

               (d)    a reference in the resolution to a Contracting Government were a reference to the Contracting Government under the Agreement.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, subclause 18 (3) of Schedule F to the Agreement is specified as the provision corresponding to subclause 18 (3) of Schedule G to the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 18 (3) of Schedule F to the Agreement:

                (a)    the Basin Officials Committee is specified as the body corresponding to the Murray–Darling Basin Commission; and

               (b)    the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

10A.48   Subclause 18 (4) of Schedule G to former MDB Agreement

         (1)   For subsection 239N (2) of the Act, a resolution stating that the Murray–Darling Basin Commission is not satisfied under subclause 18 (4) of Schedule G to the former MDB Agreement is specified.

         (2)   For subsection 239N (3) of the Act, the resolution has effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the resolution to the Murray–Darling Basin Commission deciding on the appropriateness of a calculation advised under subclause 18 (2) of the former MDB Agreement were a reference to the Basin Officials Committee; and

               (b)    a reference in the resolution to the Murray–Darling Basin Commission arranging for the relevant volume referred to in subclause 18 (1) of the former MDB Agreement to be recalculated, or in a capacity other than that referred to in paragraph (a), were a reference to the Authority; and

                (c)    a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

               (d)    a reference in the resolution to a Contracting Government were a reference to the Contracting Government under the Agreement.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, subclause 18 (4) of Schedule F to the Agreement is specified as the provision corresponding to subclause 18 (4) of Schedule G to the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 18 (4) of Schedule F to the Agreement:

                (a)    the Basin Officials Committee is specified as the body corresponding to the Murray–Darling Basin Commission in its role of deciding on the appropriateness of a calculation advised under subclause 18 (2) of Schedule G to the Agreement; and

               (b)    the Authority is specified as the body corresponding to the Murray–Darling Basin Commission in its role of arranging for the relevant volume referred to in subclause 18 (1) of Schedule G to the Agreement to be recalculated, or in a capacity other than that referred to in paragraph (a).

10A.49   Subclause 18 (5) of Schedule G to former MDB Agreement

         (1)   For subsection 239N (2) of the Act, a resolution recommending that a Long Term Diversion Cap be amended under subclause 18 (5) of Schedule G to the former MDB Agreement is specified.

         (2)   For subsection 239N (3) of the Act, the resolution has effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the resolution to the Murray–Darling Basin Commission making the recommendation were a reference to the Basin Officials Committee; and

               (b)    a reference in the resolution to the Murray–Darling Basin Commission in any other capacity other than making the recommendation were a reference to the Authority; and

                (c)    a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

               (d)    a reference in the resolution to a Contracting Government were a reference to the Contracting Government under the Agreement.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, subclause 18 (5) of Schedule F to the Agreement is specified as the provision corresponding to subclause 18 (5) of Schedule G to the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to subclause 18 (5) of Schedule F to the Agreement:

                (a)    the Basin Officials Committee is specified as the body corresponding to the Murray–Darling Basin Commission in its role of making a recommendation to the former Murray–Darling Basin Ministerial Council; and

               (b)    the Authority is specified as the body corresponding to the Murray–Darling Basin Commission in any of its capacities other than that mentioned in paragraph (a); and

                (c)    the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

10A.50   Clause 6 of Schedule H to former MDB Agreement

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act the former Murray–Darling Basin Ministerial Council made a determination or a direction by resolution in relation to a determination under clause 6 of Schedule H to the former MDB Agreement; and

               (b)    immediately before the commencement of Part 10A of the Act, the resolution was in force.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, clause 39 of the Agreement is specified as the provision corresponding to clause 6 of Schedule H to the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to clause 39 of the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

         (5)   For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and

               (b)    a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

                (c)    a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.

10A.51   Paragraph 10 (4) (a) of Schedule H to former MDB Agreement

         (1)   This regulation is made under paragraph 239Q (1) (c) and subsection 239W (1) of the Act.

         (2)   This regulation applies if:

                (a)    before the commencement of Part 10A of the Act the former Murray–Darling Basin Ministerial Council made a decision by resolution to adopt a proposal under paragraph 10 (4) (a) of Schedule H to the former MDB Agreement; and

               (b)    immediately before the commencement of Part 10A of the Act, the resolution was in force.

         (3)   For subparagraph 239Q (1) (c) (i) of the Act, paragraph 42 (4) (a) of the Agreement is specified as the provision corresponding to paragraph 10 (4) (a) of Schedule H to the former MDB Agreement.

         (4)   For subparagraph 239Q (1) (c) (ii) of the Act, in relation to paragraph 42 (4) (a) of the Agreement, the Murray–Darling Basin Ministerial Council is specified as the body corresponding to the former Murray–Darling Basin Ministerial Council.

         (5)   For subsection 239W (1) of the Act, the resolution continues to have effect after the commencement of Part 10A of the Act as if:

                (a)    a reference in the resolution to the Murray–Darling Basin Commission were a reference to the Authority; and

               (b)    a reference in the resolution to the former Murray–Darling Basin Ministerial Council were a reference to the Murray–Darling Basin Ministerial Council; and

                (c)    a reference in the resolution to a Contracting Government were a reference to a Contracting Government under the Agreement.

10A.52   Things done under protocols made under Schedules to former MDB Agreement

                For subsection 239W (1) of the Act, if:

                (a)    a thing was done before the commencement of this Part under a provision of a protocol made under a Schedule to the former MDB Agreement, by or in relation to, or pursuant to a resolution of, a State Contracting government or an agency of a State Contracting Government; and

               (b)    the thing still had effect immediately before that commencement; and

                (c)    the provision has a corresponding provision in a protocol taken to be made under a Schedule to the Agreement;

the thing done has effect from that commencement as if it had been done under the corresponding provision.

10A.53   References to River Murray Water in protocols made under Schedules to former MDB Agreement

                For subsection 239W (1) of the Act, if:

                (a)    a protocol was made under a Schedule to the former MDB Agreement; and

               (b)    the protocol referred to River Murray Water (however described); and

                (c)    the protocol is still in force immediately before the commencement of Part 10A of the Act;

then, after the commencement of Part 10A of the Act, the protocol continues to have effect as if the reference were a reference to the Authority.

10A.54   Vesting of certain assets of Murray-Darling Basin Commission

                For subsection 239W (1) of the Act, if the Murray-Darling Basin Commission holds any legal or equitable interest in weir no.5 Redbank or weir no.7 Maude immediately before the commencement of Part 10A of the Act, that interest vests in New South Wales after that commencement.

10A.55   Agreements between Contracting Governments

                For subsection 239W (1) of the Act, if:

                (a)    before the commencement of Part 10A of the Act, 2 or more Contracting Governments made an agreement under a provision in the former MDB Agreement; and

               (b)    the agreement between the Contracting Governments is still in force immediately before the commencement of Part 10A of the Act; and

                (c)    the provision has a corresponding provision in the Agreement;

the agreement between the Contracting Governments has effect after that commencement as if it had been made under the corresponding provision.


Schedule 1        Murray‑Darling Basin — Hundreds of Livingston and Carcuma overlap area

(regulation 1.05)

  

The Murray‑Darling Basin — Hundreds of Livingston and Carcuma overlap area is the area bounded by a line beginning at 35° 29' 24.62" S 140° 07' 44.92" E and running progressively as described in the following table.

Item

Description

1

Southerly along the geodesic to 35° 29¢ 58.21'' S 140° 07¢ 44.94'' E

2

South along that meridian to its intersection with the parallel of latitude 35° 30¢ 00.12'' S

3

Southerly along the geodesic to 35° 30¢ 52.84'' S 140° 07¢ 44.97'' E

4

Southerly along the geodesic to 35° 32¢ 15.96'' S 140° 07¢ 45.01'' E

5

East along that parallel to its intersection with the meridian of longitude 140° 07¢ 45.03'' E

6

Easterly along the geodesic to 35° 32¢ 15.98'' S 140° 08¢ 06.79'' E

7

East along that parallel to its intersection with the meridian of longitude 140° 08¢ 08.00'' E

8

East along that parallel to its intersection with the meridian of longitude 140° 08¢ 09.50'' E

9

Easterly along the geodesic to 35° 32¢ 16.03'' S 140° 09¢ 38.79'' E

10

Easterly along the geodesic to 35° 32¢ 16.04'' S 140° 10¢ 18.16'' E

11

East along that parallel to its intersection with the meridian of longitude 140° 10¢ 20.74'' E

12

Easterly along the geodesic to 35° 32¢ 16.06'' S 140° 11¢ 44.73'' E

13

East along that parallel to its intersection with the meridian of longitude 140° 13¢ 56.18'' E

14

East along that parallel to its intersection with the meridian of longitude 140° 14¢ 18.98'' E

15

Easterly along the geodesic to 35° 32¢ 16.04'' S 140° 15¢ 12.04'' E

16

Southerly along the geodesic to 35° 33¢ 22.01'' S 140° 15¢ 12.02'' E

17

Westerly along the geodesic to 35° 33¢ 23.67'' S 140° 14¢ 53.63'' E

18

Westerly along the geodesic to 35° 33¢ 25.47'' S 140° 13¢ 44.36'' E

19

Westerly along the geodesic to 35° 33¢ 30.55'' S 140° 12¢ 56.84'' E

20

Westerly along the geodesic to 35° 33¢ 47.57'' S 140° 11¢ 55.76'' E

21

Westerly along the geodesic to 35° 34¢ 01.69'' S 140° 10¢ 57.04'' E

22

Westerly along the geodesic to 35° 34¢ 15.62'' S 140° 10¢ 03.04'' E

23

Westerly along the geodesic to 35° 34¢ 33.44'' S 140° 08¢ 59.70'' E

24

Westerly along the geodesic to 35° 34¢ 47.95'' S 140° 08¢ 01.48'' E

25

Westerly along the geodesic to 35° 35¢ 03.72'' S 140° 07¢ 03.47'' E

26

Westerly along the geodesic to 35° 35¢ 14.95'' S 140° 06¢ 04.47'' E

27

Westerly along the geodesic to 35° 35¢ 26.14'' S 140° 05¢ 02.45'' E

28

Westerly along the geodesic to 35° 35¢ 17.24'' S 140° 04¢ 03.68'' E

29

Westerly along the geodesic to 35° 35¢ 14.84'' S 140° 03¢ 09.90'' E

30

Westerly along the geodesic to 35° 35¢ 16.72'' S 140° 02¢ 04.70'' E

31

Westerly along the geodesic to 35° 35¢ 20.65'' S 140° 01¢ 00.20'' E

32

Westerly along the geodesic to 35° 35¢ 20.61'' S 139° 59¢ 55.00'' E

33

Westerly along the geodesic to 35° 35¢ 16.26'' S 139° 58¢ 49.14'' E

34

Westerly along the geodesic to 35° 35¢ 00.49'' S 139° 58¢ 10.08'' E

35

North‑westerly along the geodesic to 35° 34¢ 37.56'' S 139° 57¢ 47.83'' E

36

North‑westerly along the geodesic to 35° 33¢ 57.77'' S 139° 57¢ 14.11'' E

37

North‑westerly along the geodesic to 35° 33¢ 19.91'' S 139° 56¢ 15.88'' E

38

North‑westerly along the geodesic to 35° 32¢ 50.89'' S 139° 55¢ 06.66'' E

39

Westerly along the geodesic to 35° 32¢ 33.51'' S 139° 54¢ 07.94'' E

40

Westerly along the geodesic to 35° 32¢ 27.34'' S 139° 53¢ 13.23'' E

41

Westerly along the geodesic to 35° 32¢ 18.28'' S 139° 52¢ 13.41'' E

42

Westerly along the geodesic to 35° 32¢ 21.81'' S 139° 51¢ 09.25'' E

43

Westerly along the geodesic to 35° 32¢ 22.01'' S 139° 50¢ 07.89'' E

44

Westerly along the geodesic to 35° 32¢ 25.32'' S 139° 49¢ 03.62'' E

45

Westerly along the geodesic to 35° 32¢ 29.89'' S 139° 48¢ 03.47'' E

46

Westerly along the geodesic to 35° 32¢ 40.52'' S 139° 47¢ 24.09'' E

47

Westerly along the geodesic to 35° 32¢ 51.16'' S 139° 46¢ 49.13'' E

48

Northerly along the geodesic to 35° 31¢ 33.60'' S 139° 46¢ 49.09'' E

49

North along that meridian to its intersection with the parallel of latitude 35° 31¢ 32.60'' S

50

Northerly along the geodesic to 35° 31¢ 31.60'' S 139° 46¢ 49.08'' E

51

Northerly along the geodesic to 35° 29¢ 35.70'' S 139° 46¢ 48.98'' E

52

North along that meridian to its intersection with the parallel of latitude 35° 29¢ 33.25'' S

53

North along that meridian to its intersection with the parallel of latitude 35° 29¢ 28.95'' S

54

Northerly along the geodesic to 35° 29¢ 27.00'' S 139° 46¢ 48.80'' E

55

East along that parallel to its intersection with the meridian of longitude 139° 46¢ 48.83'' E

56

East along that parallel to its intersection with the meridian of longitude 139° 46¢ 48.98'' E

57

East along that parallel to its intersection with the meridian of longitude 139° 46¢ 52.54'' E

58

Easterly along the geodesic to 35° 29¢ 26.99'' S 139° 46¢ 58.97'' E

59

Easterly along the geodesic to 35° 29¢ 26.98'' S 139° 47¢ 02.19'' E

60

Easterly along the geodesic to 35° 29¢ 26.91'' S 139° 47¢ 49.22'' E

61

Easterly along the geodesic to 35° 29¢ 26.77'' S 139° 49¢ 04.07'' E

62

Easterly along the geodesic to 35° 29¢ 26.76'' S 139° 49¢ 13.02'' E

63

Easterly along the geodesic to 35° 29¢ 26.75'' S 139° 49¢ 15.49'' E

64

Easterly along the geodesic to 35° 29¢ 26.61'' S 139° 50¢ 28.08'' E

65

Easterly along the geodesic to 35° 29¢ 26.59'' S 139° 50¢ 36.26'' E

66

Easterly along the geodesic to 35° 29¢ 26.45'' S 139° 51¢ 43.65'' E

67

East along that parallel to its intersection with the meridian of longitude 139° 51¢ 45.18'' E

68

Easterly along the geodesic to 35° 29¢ 26.44'' S 139° 51¢ 50.65'' E

69

Easterly along the geodesic to 35° 29¢ 26.34'' S 139° 52¢ 33.36'' E

70

Easterly along the geodesic to 35° 29¢ 26.32'' S 139° 52¢ 39.31'' E

71

Easterly along the geodesic to 35° 29¢ 26.20'' S 139° 53¢ 28.63'' E

72

East along that parallel to its intersection with the meridian of longitude 139° 53¢ 28.66'' E

73

East along that parallel to its intersection with the meridian of longitude 139° 53¢ 28.67'' E

74

Easterly along the geodesic to 35° 29¢ 26.14'' S 139° 53¢ 38.08'' E

75

Easterly along the geodesic to 35° 29¢ 26.13'' S 139° 53¢ 53.17'' E

76

Easterly along the geodesic to 35° 29¢ 26.12'' S 139° 53¢ 59.01'' E

77

Easterly along the geodesic to 35° 29¢ 26.08'' S 139° 54¢ 45.36'' E

78

Easterly along the geodesic to 35° 29¢ 25.97'' S 139° 56¢ 25.10'' E

79

Easterly along the geodesic to 35° 29¢ 25.93'' S 139° 56¢ 52.41'' E

80

East along that parallel to its intersection with the meridian of longitude 139° 56¢ 54.80'' E

81

Easterly along the geodesic to 35° 29¢ 25.77'' S 139° 58¢ 43.86'' E

82

Easterly along the geodesic to 35° 29¢ 25.68'' S 139° 59¢ 38.97'' E

83

East along that parallel to its intersection with the meridian of longitude 139° 59¢ 40.36'' E

84

East along that parallel to its intersection with the meridian of longitude 139° 59¢ 40.56'' E

85

Easterly along the geodesic to 35° 29¢ 25.60'' S 140° 00¢ 25.15'' E

86

East along that parallel to its intersection with the meridian of longitude 140° 00¢ 30.15'' E

87

Easterly along the geodesic to 35° 29¢ 25.47'' S 140° 01¢ 36.98'' E

88

East along that parallel to its intersection with the meridian of longitude 140° 01¢ 38.16'' E

89

Easterly along the geodesic to 35° 29¢ 25.46'' S 140° 01¢ 39.38'' E

90

Easterly along the geodesic to 35° 29¢ 25.07'' S 140° 04¢ 32.05'' E

91

Easterly along the geodesic to 35° 29¢ 25.08'' S 140° 04¢ 33.55'' E

92

East along that parallel to its intersection with the meridian of longitude 140° 04¢ 34.35'' E

93

Easterly along the geodesic to 35° 29¢ 24.94'' S 140° 05¢ 33.64'' E

94

Easterly along the geodesic to 35° 29¢ 24.92'' S 140° 05¢ 43.86'' E

95

Easterly along the geodesic to 35° 29¢ 24.91'' S 140° 05¢ 47.59'' E

96

Easterly along the geodesic to 35° 29¢ 24.89'' S 140° 05¢ 51.75'' E

97

East along that parallel to its intersection with the meridian of longitude 140° 05¢ 52.00'' E

98

East along that parallel to its intersection with the meridian of longitude 140° 05¢ 55.11'' E

99

Easterly along the geodesic to 35° 29¢ 24.63'' S 140° 07¢ 30.14'' E

100

Easterly along the geodesic to 35° 29¢ 24.59'' S 140° 07¢ 44.92'' E

101

Southerly along that meridian to the point where the line began

Schedule 1A      Amendments incorporated into Murray‑Darling Basin Agreement

(regulation 1A.02)

  

Note   Items 1 to 169 are reserved for future use.

[170]       Schedule B, Appendix 2

after

Bookpurnong Salt Interception Scheme

Groundwater pumping with disposal to Noora evaporation basin

Eastern side of the River Murray adjacent to Lock & Weir No 4 between Berri to the North East and Loxton to the South

South Australia

Basin Salinity Management Strategy Work

insert

Loxton Salt Interception Scheme

Groundwater pumping with disposal to Noora evaporation basin

Eastern side of the River Murray between Lock & Weir No 4 to the North and Loxton to the South

South Australia

Basin Salinity Management Strategy Work

Note   Items 171 to 179 are reserved for future use.

[180]       Schedule D, Appendix 1

omit

Natural Resources Management Act 2004 (SA)

Water licence

River Murray Prescribed Watercourse

Water allocation under a water licence

insert

Natural Resources Management Act 2004 (SA)

Water access entitlement under a water licence

River Murray Prescribed Watercourse

Water allocation

Water Resources Act 2007 (ACT)

Water access entitlement

Murrumbidgee and tributaries within the ACT

Corresponding water access entitlement

Note   Items 181 to 189 are reserved for future use.

[190]       Schedule E, sub-clause 11(3)

substitute

(3)     The Government of South Australia must develop analytical models for determining the annual diversion target for diversions referred to in paragraphs 7(1)(a) and (d).

Note  Items 191 to 199 are reserved for future use.

[200]       Schedule F, sub-clause 2(13), definition of “Required Annual Release”

substitute

(13)    “Required Annual Release” has the same meaning as in the Snowy Water Licence taken as a whole as at the Corporatisation Date, subject to sub-clauses 7A and 7B of this Schedule. For the avoidance of doubt, “Required Annual Release” is not a reference to “Agreed Annual Release” under that Licence;

[201]       Schedule F, after clause 7

insert

7A           Calculating Required Annual Release

(1)     Subject to clause 7A and 7B of this Schedule, the Required Annual Release, and the Dry Inflow Sequence used to calculate it, must both be calculated in accordance with the Snowy Water Licence taken as a whole as at the Corporatisation Date.

(2)     Subject to sub-clause 7A(3), the Required Annual Release for any Water Year, calculated in accordance with sub-clause 7A(l), must be reduced by so much of the volume of any release made in the preceding Water Year that was surplus to the Required Annual Release for that Water Year.

(3)     The Required Annual Release for any Water Year must not be reduced under sub-clause 7A(2) by a volume which exceeds the Dry Inflow Sequence Volume calculated on 1 March of the preceding Water Year.

7B           Calculating Dry Inflow Sequence Volume

(1)     For the purpose of calculating the Dry Inflow Sequence Volume referred to in clause 7A in any month:

(a)     the estimated inflows for the remainder of that Water Year must be taken to be the same as the minimum previously recorded inflows for the same period;

(b)     the estimated losses for the remainder of that Water Year must be calculated by reference to:

(i)      the maximum previously recorded evaporation rates for the same period; and

(ii)      the expected Below Target storage volumes for that period;

(c)     the volume required to supply the Jindabyne Base Passing Flows from 1 May 2006 must be added;

(d)     the volume of losses attributable to storing Above Target Water from 1 May 2006 must be subtracted; and

(e)     the volume of the Mowamba Borrowings Account must be added (not subtracted).

(2)     The Dry Inflow Sequence Volume calculated at the beginning of any month may be lower than the Dry Inflow Sequence Volume calculated at the beginning of the preceding month, provided that the Dry Inflow Sequence Volume calculated on 1 April in any Water Year must not be less than the Dry Inflow Sequence Volume calculated on the preceding 1 March.

Schedule 3        Subcategories of information

(regulation 7.11)

Part 1          Definitions

                In this Schedule:

Australian water access entitlement means a perpetual or ongoing entitlement, by or under a law of a State, to exclusive access to a share of the water resources of a water resource plan area or other water management area.

Australian water allocation means the specific volume of water allocated to an Australian water access entitlement in a given water accounting period.

commercial water means the total amount of metered and estimated non‑metered, potable and non‑potable, water supplied to commercial properties.

downward longwave exposure means the total amount of terrestrial electromagnetic energy that falls on a specified unit horizontal surface.

downward longwave irradiance means the longwave irradiance emitted from the sky that falls on a specified unit horizontal surface.

dry‑bulb air temperature means the temperature of air measured by a thermometer freely exposed to the air but shielded from radiation and moisture.

electrical conductivity, in relation to a water sample, means the ability of the water in the sample to conduct an electrical current.

exposure means the measure of the energy received per unit area.

global solar exposure means the total amount of electromagnetic energy emitted from the sun that falls on a specified unit horizontal surface.

global solar irradiance means the irradiance emitted from the sun that falls on a specified unit horizontal surface.

industrial water is the total amount of metered and estimated non‑metered, potable and non‑potable, water supplied to industrial properties.

irradiance means the measure of the rate of electromagnetic energy received per unit area.

minor storage means any water storage in which water is stored for taking and that meets the following criteria:

                (a)    it is not a major storage;

               (b)    it has a storage capacity of 100 ML or more;

                (c)    it is not used primarily for the precipitation of ash;

               (d)    it is not a mine tailings dam;

                (e)    it is not managed by an urban infrastructure operator primarily for the purposes of flood management or pollution abatement.

municipal water means the total amount of metered and estimated non‑metered, potable and non‑potable, water supplied for municipal purposes.

net exposure means the net global solar exposure plus the net longwave exposure.

net global solar exposure means the global solar exposure less the reflected global solar exposure.

net global solar irradiance means the global solar irradiance less the reflected global solar irradiance.

net irradiance means the net global solar irradiance plus the net longwave irradiance.

net longwave exposure means the downward longwave exposure less the upward longwave exposure.

net longwave irradiance means the downward longwave irradiance less the upward longwave exposure.

reflected global solar exposure means the total amount of electromagnetic energy emitted from the sun that is reflected from the ground and irradiates a specified unit horizontal surface from underneath.

reflected global solar irradiance means the irradiance emitted from the sun that is reflected from the ground and irradiates a specified unit horizontal surface from underneath.

residential water means the total amount of metered and estimated non‑metered, potable and non‑potable water supplied to residential properties.

self extract means to take water directly from a water resource for the use of the person who takes the water, but does not include taking water:

                (a)    to provide it to another person; or

               (b)    under a stock and domestic right; or

                (c)    from an infrastructure operator.

tidal limit, in relation to a watercourse, means the maximum upstream location on that watercourse at which a tidal variation in water level is observed.

total nitrogen, in relation to a water sample, means the measure of all forms of nitrogen found in the water sample, including nitrate, nitrite, ammonia‑N and organic forms of nitrogen.

total phosphorus, in relation to a water sample, means the total concentration of all forms of phosphorus found in the water sample.

total suspended solids, in relation to a water sample, means the measure of the particles mixed in the water sample.

turbidity, in relation to a water sample, means the amount of small particles of solid matter suspended in the water sample, measured by the amount of scattering and absorption of light rays caused by the particles.

upward longwave exposure means the total amount of terrestrial electromagnetic energy emitted from the Earth’s surface that irradiates a specified unit horizontal surface from underneath.

upward longwave irradiance means the longwave irradiance emitted by the Earth’s surface that irradiates a specified unit horizontal surface from underneath.

urban water means the total residential, commercial, municipal, industrial and other water supplied by urban water utilities.

vapour pressure deficit means the difference between the amount of moisture in the air and how much moisture the air can hold when it is saturated.

water management area means any area defined for the purposes of water management, including a water resource plan area.

wet‑bulb air temperature means the temperature of air measured by a thermometer that has its bulb wrapped in wet muslin.

wind run means the product of the average wind speed and the period over which that average speed was measured.

Part 2          Subcategories in category 1 — surface water resource information

Subcategory number

Subcategory information

1a

Instantaneous watercourse level, expressed in metres relative to specified datum, and the time of the observation

1b

Instantaneous watercourse discharge, expressed in cumecs, and the time of the observation

Part 3          Subcategories in category 2 — ground water resource information

Subcategory number

Subcategory information

2a

Ground water level of a bore, expressed in metres relative to specified datum, and the time of the observation

2b

Ground water pressure of a bore, expressed in kilopascals, the aquifer layer and depth at which the pressure is measured, and the time of the observation

Part 4          Subcategories in category 3 — information on major and minor water storages

Subcategory number

Subcategory information

3a

Level of water held in a major storage, expressed in metres relative to specified datum, and the time of the observation

3b

Volume of water held in a major storage, expressed in megalitres, and the time of the observation

3c

Total daily volume of water released from a major storage to a watercourse, expressed in megalitres per day, the start and finish times of the observation, and date of the observation

3d

Total daily volume of water transferred between major storages, expressed in megalitres per day, the start and finish times of the observation, and date of the observation

3e

Volume of water held in a minor storage, expressed in megalitres, and the time of the observation

3f

Information in registers of major storages and information about dams prescribed under dam safety regulations as referable dams, including the location, dimensions, capacity, ownership and owner’s contact details for major storages and for referable dams

Part 5          Subcategories in category 4 — meteorological information

Subcategory number

Subcategory information

4a

Accumulated precipitation depth for a specified time interval, expressed in millimetres, and the time of the observation

4b

Instantaneous wind speed expressed in metres per second, wind direction, and wind run expressed in kilometres over a specified period, and the time of the observation

4c

Total daily evaporation from a Class A evaporation pan, expressed in millimetres per day, the start and finish times of the observation, and date of the observation

4d

Global solar exposure, reflected global solar exposure, downward longwave exposure, upward longwave exposure, and net exposure, including the following (where applicable):

   (a)  the exposure expressed in joules per square metre;

   (b)  the length of the exposure expressed in seconds;

   (c)  the estimated 95% uncertainty expressed in joules per square metre;

   (d)  the number of samples added;

   (e)  the time and date the measurement finished

4e

Global solar irradiance, reflected global solar irradiance, downward longwave irradiance, upward longwave irradiance, and net irradiance, including the following (where applicable):

   (a)  the average irradiance expressed in watts per square metre;

   (b)  the averaging period expressed in seconds;

   (c)  the estimated 95% uncertainty expressed in watts per square metre;

   (d)  the number of samples averaged;

   (e)  the sample standard deviation expressed in watts per square metre;

   (f)  the time and date the measurement finished

4f

Instantaneous dry‑bulb air temperature, expressed in degrees Celsius, and the time of the observation

4g

Instantaneous wet‑bulb air temperature, expressed in degrees Celsius, and the time of the observation

4h

The instantaneous relative humidity, expressed as a percentage, and the time of the observation

4i

The instantaneous vapour pressure deficit, expressed in millibars, and the time of the observation

Part 6          Subcategories in category 5 — water use information

Subcategory number

Subcategory information

5a

The total daily volume of water diverted from a watercourse to an irrigation network, expressed in megalitres per day, the start and finish times of the observation, and date of the observation

5b

The total daily volume of water returned to a watercourse from an irrigation network, expressed in megalitres per day, the start and finish times of the observations, and dates of the observations

5c

The total daily volume of water returned to a water storage from an irrigation network, expressed in megalitres per day, the start and finish times of the observations, and dates of the observations

5d

The total daily volume of water supplied to all irrigators in an irrigation network, expressed in megalitres per day, the start and finish times of the observations, and dates of the observations

5e

The total monthly volume of water supplied to individual irrigators in an irrigation network, expressed in megalitres per month, the start and finish times of the observations, and dates of the observations

5f

The total monthly volume of water taken by individual self extractors, expressed in megalitres per month, the start and finish times of the observations, and dates of the observations

5g

The total monthly volume of water taken from a watercourse by self extractors, expressed in megalitres per month, the start and finish times of the observations, and dates of the observations

5h

The total monthly volume of water extracted from a bore by self extractors, expressed in megalitres per month, the start and finish times of the observations, and dates of the observations

5i

The total monthly volume of water a self extractor returns to a watercourse, expressed in megalitres per month, the start and finish times of the observations, and dates of the observations

Part 7          Subcategories in category 6 — information about rights, allocations and trades in relation to water

Subcategory number

Subcategory information

6a

For Australian water access entitlements — the type, volume of water, and the water management area in which the entitlement exists

6b

For permanent Australian water access entitlement trades — the type of entitlement traded, transaction commencement and finalisation dates, volume of water traded or entitlement share traded, gross and net share sale price, and the water management areas water has moved from and to

6c

For temporary Australian water allocation trades and leases — the type of allocation traded or leased, transaction commencement and finalisation dates, volume of water traded or leased, gross and net sale price, and the water management areas water has moved from and to

6d

For formal announcements of Australian water allocations made to Australian water access entitlements and formal announcements of reductions to allocations already made — a copy of the announcement, plus details of the water management area to which the allocation announcement applies and the type of entitlement affected

6e

For a permit to operate a minor storage — the location of the storage and the maximum permissible storage volume

6f

For a permit to self extract water from a bore — the location and permitted depth of the bore, the maximum permissible extraction volume and any other conditions of use

6g

For a permit to self extract water from a watercourse — the location of the extraction point, the maximum permissible extraction volume and any other conditions of use

Part 8          Subcategories in category 7 — information about urban water management

Subcategory number

Subcategory information

7a

The total weekly volume of water taken from surface water, expressed in megalitres per week, the start and finish times of the observations, and dates of the observations

7b

The total weekly volume of water taken from ground water, expressed in megalitres per week, the start and finish times of the observations, and dates of the observations

7c

The total weekly volume of water taken from desalination, expressed in megalitres per week, the start and finish times of the observations, and dates of the observations

7d

The total weekly volume of water taken from recycling, expressed in megalitres per week, the start and finish times of the observations, and dates of the observations

7e

The total weekly volume of water received from infrastructure operators, expressed in megalitres per week, the start and finish times of the observations, and dates of the observations

7f

The total weekly volume of bulk recycled water purchased, expressed in megalitres per week, the start and finish times of the observations, and dates of the observations

7g

The total weekly volume of water taken, expressed in megalitres per week, the start and finish times of the observations, and dates of the observations

7h

The total weekly volume of residential water supplied, expressed in megalitres per week, the start and finish times of the observations, and dates of the observations

7i

The total weekly volume of commercial, municipal and industrial water supplied, expressed in megalitres per week, the start and finish times of the observations, and dates of the observations

7j

The total weekly volume of water supplied, other than residential, commercial, municipal and industrial water, expressed in megalitres per week, the start and finish times of the observations, and dates of the observations

7k

The total weekly volume of urban water supplied, expressed in megalitres per week, the start and finish times of the observations, and dates of the observations

7l

The total weekly volume of bulk water exports, expressed in megalitres per week, the start and finish times of the observations, and dates of the observations

7m

The total weekly volume of bulk recycled water exports, expressed in megalitres per week, the start and finish times of the observations, and dates of the observations

7n

The total weekly volume of sewage discharges from a sewage discharge point into a watercourse, expressed in megalitres per week, the start and finish times of the observations, and dates of the observations

7o

The total weekly volume of stormwater discharges from a stormwater discharge point into a watercourse, expressed in megalitres per week, the start and finish times of the observations, and dates of the observations

Part 9          Subcategory in category 8 — information about water restrictions

Subcategory number

Subcategory information

8a

Water use restriction announcements indicating level, commencement and termination dates, a description of water restriction levels and where they apply — definitions for each restriction level, the water savings target and the geographic area in which the restriction conditions apply described so that it can be accurately mapped

Part 10        Subcategories in category 9 — water quality information

Subcategory number

Subcategory information

9a

The instantaneous electrical conductivity of a water sample collected above the tidal limit of the watercourse, expressed in microsiemens per centimetre at 25°C, and the time of the observation

9b

The instantaneous electrical conductivity of a ground water sample collected above the tidal limit of the watercourse, expressed in microsiemens per centimetre at 25°C, and the time of the observation

9c

The instantaneous total suspended solids concentration of a water sample collected above the tidal limit of a watercourse, expressed in milligrams per litre, and the time of the observation

9d

The instantaneous turbidity of a water sample collected above the tidal limit of a watercourse, expressed in nephelometric turbidity units, and the time of the observation

9e

The instantaneous total phosphorus concentration of a water sample collected above the tidal limit of a watercourse, expressed in milligrams per litre, and the time of the observation

9f

The instantaneous total nitrogen concentration of a water sample collected above the tidal limit of a watercourse, expressed in milligrams per litre, and the time of the observation

9g

The instantaneous pH of a water sample collected above the tidal limit of a watercourse, and the time of the observation

9h

The instantaneous temperature of a water sample collected above the tidal limit of a watercourse, expressed in degrees Celsius, and the time of the observation

Part 11        Subcategories in category 10 — descriptive and reference information about water information in other categories

Subcategory number

Subcategory information

10a

Tables that enable the derivation of volumetric flow from water level or stage height — the complete historical sequence of rating tables, indicating the time span across which the rating should apply

10b

Rating tables for the surface area and storage volume derivation of major storages — the complete historical sequence of rating tables relating major storage water level to reservoir surface area and storage volume, indicating the dead storage level and volume, and indicating the time span across which the rating should apply

10c

Description of Australian water access entitlements — the name of the entitlement, its reliability and security characteristics, any special conditions that apply to it, and the geographic area in which the entitlement is valid, described so that it can be accurately mapped

10d

Description of all water management areas — the name of the water management area and a description so that it can be accurately mapped

10e

Metadata about other water information

10f

Manuals or protocols that describe procedures used in measuring, managing or interpreting water information

 


Notes to the Water Regulations 2008

Note 1

The Water Regulations 2008 (in force under the Water Act 2007) as shown in this compilation comprise Select Legislative Instrument 2008 No. 106 amended as indicated in the Tables below.

Table of Instruments

Year and
Number

Date of FRLI registration

Date of
commencement

Application, saving or
transitional provisions

2008 No. 106

24 June 2008 (see F2008L02170)

30 June 2008

 

2008 No. 204

8 Oct 2008 (see F2008L03630)

9 Oct 2008

2008 No. 229

1 Dec 2008 (see F2008L04439)

2 Dec 2008

2008 No. 285

12 Dec 2008 (see F2008L04653)

(a)

2009 No. 174

14 July 2009 (see F2009L02529)

15 July 2009

2009 No. 184

9 July 2009 (see F2009L02702)

9 July 2009

(a)    Regulation 2 of SLI 2008 No. 285 provides as follows:

         These Regulations commence immediately after the commencement of Schedule 1 to the Water Amendment Act 2008.

Table of Amendments

 

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

 

Provision affected

How affected

 

Part 1

 

 

R. 1.03......................................

am. 2009 No. 174

 

R. 1.06......................................

ad. 2009 No. 174

 

Part 1A

 

 

Part 1A.....................................

ad. 2009 No. 184

 

R. 1A.01...................................

ad. 2009 No. 184

 

R. 1A.02...................................

ad. 2009 No. 184

 

Part 4

 

 

Part 4........................................

ad. 2008 No. 204

 

Division 4.1

 

 

Subdivision 4.1.1

 

 

R. 4.01.....................................

ad. 2008 No. 204

 

Subdivision 4.1.2

 

 

R. 4.02.....................................

ad. 2008 No. 204

 

Subdivision 4.1.3

 

 

R. 4.03.....................................

ad. 2008 No. 204

 

Subdivision 4.1.4

 

 

R. 4.04.....................................

ad. 2008 No. 204

 

Subdivision 4.1.5

 

 

R. 4.05.....................................

ad. 2008 No. 204

 

R. 4.06.....................................

ad. 2008 No. 204

 

R. 4.07.....................................

ad. 2008 No. 204

 

R. 4.08.....................................

ad. 2008 No. 204

 

Subdivision 4.1.6

 

 

R. 4.09.....................................

ad. 2008 No. 204

 

R. 4.10.....................................

ad. 2008 No. 204

 

R. 4.11.....................................

ad. 2008 No. 204

 

R. 4.12.....................................

ad. 2008 No. 204

 

Subdivision 4.1.7

 

 

R. 4.13.....................................

ad. 2008 No. 204

 

Division 4.2

 

 

Subdivision 4.2.1

 

 

R. 4.14.....................................

ad. 2008 No. 204

 

Subdivision 4.2.2

 

 

R. 4.15.....................................

ad. 2008 No. 204

 

Subdivision 4.2.3

 

 

R. 4.16.....................................

ad. 2008 No. 204

 

Subdivision 4.2.4

 

 

R. 4.17.....................................

ad. 2008 No. 204

 

Subdivision 4.2.5

 

 

R. 4.18.....................................

ad. 2008 No. 204

 

 

am. 2008 No. 229

 

R. 4.19.....................................

ad. 2008 No. 204

 

R. 4.20.....................................

ad. 2008 No. 204

 

R. 4.21.....................................

ad. 2008 No. 204

 

Subdivision 4.2.6

 

 

R. 4.22.....................................

ad. 2008 No. 204

 

R. 4.23.....................................

ad. 2008 No. 204

 

R. 4.24.....................................

ad. 2008 No. 204

 

R. 4.25.....................................

ad. 2008 No. 204

 

Subdivision 4.2.7

 

 

R. 4.26.....................................

ad. 2008 No. 204

 

Part 7

 

 

Division 7.2

 

 

R. 7.02.....................................

rep. 2009 No. 174

 

R. 7.03.....................................

rep. 2009 No. 174

 

R. 7.04.....................................

rep. 2009 No. 174

 

R. 7.05.....................................

rep. 2009 No. 174

 

R. 7.06.....................................

rep. 2009 No. 174

 

R. 7.07.....................................

rep. 2009 No. 174

 

R. 7.08.....................................

rep. 2009 No. 174

 

R. 7.09.....................................

rep. 2009 No. 174

 

Division 7.3

 

 

R. 7.11.....................................

am. 2008 No. 229

 

Division 7.4

 

 

R. 7.13.....................................

am. 2008 No. 229; 2009 No. 174

 

R. 7.14.....................................

am. 2009 No. 174

 

Part 10A

 

 

Part 10A...................................

ad. 2008 No. 285

 

Division 10A.1

 

 

R. 10A.01.................................

ad. 2008 No. 285

 

R. 10A.02.................................

ad. 2008 No. 285

 

Division 10A.2

 

 

Subdivision 10A.2.1

 

 

R. 10A.03.................................

ad. 2008 No. 285

 

R. 10A.04.................................

ad. 2008 No. 285

 

R. 10A.05.................................

ad. 2008 No. 285

 

R. 10A.06.................................

ad. 2008 No. 285

 

Subdivision 10A.2.2

 

 

R. 10A.07.................................

ad. 2008 No. 285

 

Division 10A.3

 

 

R. 10A.08.................................

ad. 2008 No. 285

 

R. 10A.09.................................

ad. 2008 No. 285

 

R. 10A.10.................................

ad. 2008 No. 285

 

R. 10A.11.................................

ad. 2008 No. 285

 

R. 10A.12.................................

ad. 2008 No. 285

 

R. 10A.13.................................

ad. 2008 No. 285

 

R. 10A.14.................................

ad. 2008 No. 285

 

R. 10A.15.................................

ad. 2008 No. 285

 

R. 10A.16.................................

ad. 2008 No. 285

 

R. 10A.17.................................

ad. 2008 No. 285

 

R. 10A.18.................................

ad. 2008 No. 285

 

R. 10A.19.................................

ad. 2008 No. 285

 

R. 10A.20.................................

ad. 2008 No. 285

 

R. 10A.21.................................

ad. 2008 No. 285

 

R. 10A.22.................................

ad. 2008 No. 285

 

R. 10A.23.................................

ad. 2008 No. 285

 

R. 10A.24.................................

ad. 2008 No. 285

 

R. 10A.25.................................

ad. 2008 No. 285

 

R. 10A.26.................................

ad. 2008 No. 285

 

R. 10A.27.................................

ad. 2008 No. 285

 

R. 10A.28.................................

ad. 2008 No. 285

 

R. 10A.29.................................

ad. 2008 No. 285

 

R. 10A.30.................................

ad. 2008 No. 285

 

R. 10A.31.................................

ad. 2008 No. 285

 

R. 10A.32.................................

ad. 2008 No. 285

 

R. 10A.33.................................

ad. 2008 No. 285

 

R. 10A.34.................................

ad. 2008 No. 285

 

R. 10A.35.................................

ad. 2008 No. 285

 

R. 10A.36.................................

ad. 2008 No. 285

 

R. 10A.37.................................

ad. 2008 No. 285

 

R. 10A.38.................................

ad. 2008 No. 285

 

R. 10A.39.................................

ad. 2008 No. 285

 

R. 10A.40.................................

ad. 2008 No. 285

 

R. 10A.41.................................

ad. 2008 No. 285

 

R. 10A.42.................................

ad. 2008 No. 285

 

R. 10A.43.................................

ad. 2008 No. 285

 

R. 10A.44.................................

ad. 2008 No. 285

 

R. 10A.45.................................

ad. 2008 No. 285

 

R. 10A.46.................................

ad. 2008 No. 285

 

R. 10A.47.................................

ad. 2008 No. 285

 

R. 10A.48.................................

ad. 2008 No. 285

 

R. 10A.49.................................

ad. 2008 No. 285

 

R. 10A.50.................................

ad. 2008 No. 285

 

R. 10A.51.................................

ad. 2008 No. 285

 

R. 10A.52.................................

ad. 2008 No. 285

 

R. 10A.53.................................

ad. 2008 No. 285

 

R. 10A.54.................................

ad. 2008 No. 285

 

R. 10A.55.................................

ad. 2008 No. 285

 

Schedule 1A

 

 

Schedule 1A...........................

ad. 2009 No. 184

 

Schedule 2..............................

am. 2008 No. 229

 

 

rep. 2009 No. 174

 

Schedule 3

 

 

Schedule 3..............................

am. 2008 No. 229

 

Schedule 4..............................

am. 2008 No. 229

 

rep. 2009 No. 174