Federal Register of Legislation - Australian Government

Primary content

SLI 2015 No. 225 Regulations as made
This regulation amends the Water Act 2007 to provide greater consistency between Schedule D of the Murray-Darling Basin Agreement and the water market and trading objectives under Schedule 3 of the Water Act 2007 and the Murray-Darling Basin Plan water trading rules.
Administered by: Agriculture and Water Resources
Exempt from sunsetting by the Water Act 2007 s 18C(3)
Registered 16 Dec 2015
Tabling HistoryDate
Tabled HR02-Feb-2016
Tabled Senate02-Feb-2016
Date of repeal 17 Dec 2015
Repealed by Self Repealing
Table of contents.

 

Water Amendment (Murray‑Darling Basin Agreement) Regulation 2015 (No. 1)

 

Select Legislative Instrument No. 225, 2015

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.

Dated 10 December 2015

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Barnaby Joyce

Minister for Agriculture and Water Resources

 

  

  


Contents

1............ Name................................................................................................... 1

2............ Commencement................................................................................... 1

3............ Authority............................................................................................. 1

4............ Repeal of this instrument..................................................................... 1

5............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Water Act 2007                                                                                                            3

 


1  Name

                   This is the Water Amendment (Murray-Darling Basin Agreement) Regulation 2015 (No. 1).

2  Commencement

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

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day this instrument is registered.

16 December 2015

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

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

3  Authority

                   This instrument is made under the Water Act 2007.

4  Repeal of this instrument

             (1)  This instrument is repealed on the day after it commences.

             (2)  The repeal of this instrument by subsection (1) does not affect any amendment or repeal (however described) made by this instrument.

             (3)  Subsection (2) does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies to the repeal of this instrument.

5  Schedules

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

Schedule 1Amendments

  

Water Act 2007

1  Clause 1 of Schedule D to Schedule 1

Repeal the clause, substitute:

1.       Purposes

          The purposes of this Schedule are, consistently with the laws of each State, the Agreement, the National Water Initiative, the Basin Plan and policies from time to time adopted by the Ministerial Council:

(a)     to contribute to an efficient and effective water market by coordinating transfers of water entitlements and allocations described in clause 2 between States and between valleys within the Murray‑Darling Basin; and

(b)     to set out principles for adjustments of intervalley and State transfer accounts; and

(c)     to set out principles to be applied by the Authority, State Contracting Governments and licensing authorities to transfers of water entitlements and allocations described in clause 2; and

(d)     to set out administrative and coordination arrangements, involving the Authority, State Contracting Governments and licensing authorities, to enable transfers of water entitlements and allocations described in clause 2 between States; and

(e)     to allow Protocols to be made under this Schedule to supplement its provisions; and

(f)     to require a State Contracting Government to notify the Authority of any intervalley transfer described in clause 2 made within that State.

2  Clause 2 of Schedule D to Schedule 1

Omit “this Schedule applies to transfers referred to in paragraph 1(a)”, substitute “this Schedule applies to transfers, between States and between valleys within the Murray‑Darling Basin, of such water entitlements and allocations as are, from time to time, determined by the Ministerial Council and specified in Appendix 1”.

3  Paragraph 2(b) of Schedule D to Schedule 1

After “Goulburn,”, insert “Broken,”.

4  Paragraph 2(d) of Schedule D to Schedule 1

Repeal the paragraph, substitute:

          for the purposes of exchange rate trade or tagged trade (or both), as the Ministerial Council may determine from time to time.

5  Paragraph 3(1)(a) of Schedule D to Schedule 1 (paragraph (i) of the definition of entitlement)

After “Goulburn,”, insert “Broken,”.

6  Clause 9 of Schedule D to Schedule 1

Repeal the clause.

7  Subclause 12(2) of Schedule D to Schedule 1

Omit all the words after “take into account”, substitute “any changes in distribution losses resulting from the transfer”.

8  Paragraph 12(3)(b) of Schedule D to Schedule 1

Omit “, or the previous calculation of State financial contributions”.

9  Paragraph 12(4)(c) of Schedule D to Schedule 1

Repeal the paragraph.

10  Subparagraphs 12(4)(d)(ii), (iii) and (iv) of Schedule D to Schedule 1

Repeal the subparagraphs.

11  Clause 14 of Schedule D to Schedule 1

Repeal the clause.

12  Subclause 16(5) of Schedule D to Schedule 1

Repeal the subclause, substitute:

(5)     The Authority must arrange for an independent auditor to undertake an audit in accordance with sub‑clauses 16(5A) and 16(5B) if:

(a)     the Authority is not satisfied that any volumetric errors in the monthly reconciliation process between the States and the Authority can be rectified; or

(b)     the Committee determines that the Authority is to arrange for the audit to be undertaken.

(5A)  The Authority must arrange for the auditor to examine whether there is any discrepancy between:

(a)     information provided by each State Contracting Government under sub‑clause 16(4); and

(b)     information provided under clause 8 of Appendix 3 to this Schedule; and

(c)     information set out in the Transfer Register.

(5B)   The Authority must arrange for the auditor to make recommendations to the Ministerial Council, as soon as practicable after the audit is completed, about any alteration of the Transfer Register that the auditor thinks desirable in view of any such discrepancy.

13  Subclause 16(6) of Schedule D to Schedule 1

Omit “paragraph 16(5)(b)”, substitute “sub‑clause 16(5B)”.

14  Subclause 16(7) of Schedule D to Schedule 1

Repeal the subclause, substitute:

(7)     The Authority must recalculate any adjustment to the cap on diversions or any annual diversion target, pursuant to clause 8, in respect of which a relevant alteration has been made to the Transfer Register under sub‑clause 16(6).

15  Subclause 17(1) of Schedule D to Schedule 1

Repeal the subclause.

16  Subclause 17(2) of Schedule D to Schedule 1

Omit “(2) By”, substitute “By”.

17  Paragraph 17(2)(b) of Schedule D to Schedule 1

Omit “(2)”.

18  Paragraph 17(2)(d) of Schedule D to Schedule 1

Repeal the paragraph.

19  Clause 18 of Schedule D to Schedule 1

Repeal the clause, substitute:

18.     Review of interstate transfers

(1)     The Authority must prepare and give to the Ministerial Council and the Basin Community Committee a report under this clause:

(a)     as soon as practicable after the end of 2 years after the water trading rules (within the meaning of the Water Act) first come into effect; and

(b)     at any other time that the Committee determines from time to time.

(2)     The report must address:

(a)     the operation of this Schedule; and

(b)     the markets for interstate transfers of entitlements and allocations; and

(c)     any other matter that the Committee directs; and

(d)     any other matter that the Authority considers appropriate.

20  Appendix 1 to Schedule D to Schedule 1 (table items dealing with the Water Act 1989 (Vic) and the Water (Resource Management) Act 2005 (Vic), column headed “SOURCE”)

After “Goulburn,”, insert “Broken,”.