Contents
Part 1—Preliminary 1
1.01....................... Name of Regulations.......................................................... 1
1.03....................... Definitions.......................................................................... 1
1.04....................... Interpretation—periods of time........................................... 2
1.05....................... Definition of Basin water resources in subsection 4(1) of Act—prescribed water resources............................................................................................ 3
1.05A.................... Definition of bulk water charge in subsection 4(1) of the Act—prescribed persons............................................................................................ 3
1.05B..................... Definition of State water management law in subsection 4(1) of the Act—prescribed laws of Basin States........................................................................ 4
1.06....................... References to documents published by Bureau................... 4
Part 2—Management of Basin water resources 5
Division 2.1—Basin plan 5
2.01....................... Snowy water licence variations........................................... 5
2.03....................... Minor or non‑substantive amendments of Basin Plan........ 5
Division 2.1A—Water resource plans 7
2.11....................... Timeframe and process for giving proposed water resource plans to the Authority 7
2.11A.................... Minor or non‑substantive amendments of water resource plans 8
2.12....................... Process for preparation of water resource plans by Authority 9
Division 2.2—Basin States 10
2.22....................... Specified day—risk assignment framework applied: Queensland 10
Part 4—Water charge rules and water market rules 11
Division 4.1A—Regulated water charges 11
4.01A.................... Regulated water charges in section 91 of the Act—prescribed fees or charges 11
Division 4.1—Water charge rules 12
Subdivision 4.1.1—Purpose of Division 12
4.01....................... Purpose of Division.......................................................... 12
Subdivision 4.1.2—ACCC advice 12
4.02....................... Minister to request ACCC advice..................................... 12
Subdivision 4.1.3—Consultation for amendments and revocations of a minor or technical nature 13
4.03....................... Consultation for amendments and revocations of a minor or technical nature 13
Subdivision 4.1.4—Publication of rules 14
4.04....................... Publication of proposed water charge rules...................... 14
Subdivision 4.1.5—Consultations 15
4.05....................... Minister must consult unless ACCC consults.................. 15
4.06....................... Consultation by the Minister............................................. 15
4.07....................... Further consultation.......................................................... 16
4.08....................... Further ACCC advice....................................................... 17
Subdivision 4.1.6—Disclosure of information 17
4.09....................... Minister may disclose to ACCC written submissions...... 17
4.10....................... Minister may publish written submissions unless confidential 17
4.11....................... Minister disagrees with claim that information is confidential 18
4.12....................... Minister may publish records provided by ACCC........... 19
Subdivision 4.1.7—Failure to comply 19
4.13....................... Consequence of failure to comply with a requirement in this Division 19
Division 4.2—Water market rules 20
Subdivision 4.2.1—Purpose of Division 20
4.14....................... Purpose of Division.......................................................... 20
Subdivision 4.2.2—ACCC advice 20
4.15....................... Minister to request ACCC advice..................................... 20
Subdivision 4.2.3—Consultation for amendments and revocations of a minor or technical nature 21
4.16....................... Consultation for amendments and revocations of a minor or technical nature 21
Subdivision 4.2.4—Publication of rules 22
4.17....................... Publication of proposed water market rules...................... 22
Subdivision 4.2.5—Consultations 23
4.18....................... Minister must consult unless ACCC consults.................. 23
4.19....................... Consultation by the Minister............................................. 23
4.20....................... Further consultation.......................................................... 24
4.21....................... Further ACCC advice....................................................... 25
Subdivision 4.2.6—Disclosure of information 25
4.22....................... Minister may disclose to ACCC written submissions...... 25
4.23....................... Minister may publish written submissions unless confidential 25
4.24....................... Minister disagrees with claim that information is confidential 26
4.25....................... Minister may publish records provided by ACCC........... 27
Subdivision 4.2.7—Failure to comply 27
4.26....................... Consequence of failure to comply with a requirement in this Division 27
Part 7—Water information 28
Division 7.1—Purposes, persons and water information 28
7.01....................... Purposes of Part............................................................... 28
7.02....................... Persons to give water information to Bureau.................... 28
7.03....................... Categories and subcategories of water information........... 28
Division 7.2—Giving water information to Bureau 31
7.04....................... Initial obligation to give water information held during grace period 31
7.05....................... Initial obligation to give category 5 and category 7 water information 32
7.06....................... Continuing obligation to give water information............... 33
7.07....................... When information is to be given to Bureau....................... 34
7.08....................... Water information collected during a project of up to 48 months duration 35
7.09....................... Application to first information period after grace period ends or Part commences 36
7.10....................... Units of measurement and time zones............................... 36
7.11....................... Metadata and contextual information................................ 37
Part 8—Enforcement 38
Division 8.6—Enforceable undertakings 38
8.01....................... Specified kinds of written undertaking............................. 38
8.02....................... Undertaking to pay refund, compensation or other restitution 38
8.03....................... Undertaking to give information about another undertaking 38
8.04....................... Undertaking to publish information about matters relating to another undertaking 38
8.05....................... Undertaking to notify persons about another undertaking 39
8.06....................... Undertaking to appoint person to review compliance with another undertaking 39
Part 10—Murray‑Darling Basin Authority (special powers) 40
10.01..................... Identity cards.................................................................... 40
Part 10AA—Inspector‑General of Water Compliance (special powers) 41
10AA.01............... Matters to which Inspector‑General must have regard in deciding whether contractor is fit and proper to be authorised compliance officer................. 41
Part 10A—Transitional matters relating to former MDB Agreement 42
Division 10A.1—Preliminary 42
10A.01.................. Purposes of Part............................................................... 42
10A.02.................. References to various persons or bodies........................... 42
Division 10A.2—General—effect on instruments and things done 43
Subdivision 10A.2.1—References in certain instruments to Murray–Darling Basin Commission etc 43
10A.03.................. Effect on certain transitional instruments.......................... 43
10A.04.................. Certain instruments not being continued under transitional arrangements 45
10A.05.................. Effect on Intergovernmental Agreement........................... 46
10A.06.................. Effect on Supplementary Intergovernmental Agreement... 46
Subdivision 10A.2.2—Things done under former MDB Agreement 46
10A.07.................. Effect of things done......................................................... 46
Division 10A.3—Other transitional matters 52
10A.08.................. Business continuity........................................................... 52
10A.09.................. Clause 10 of former MDB Agreement............................. 52
10A.10.................. Paragraph 14(1)(b) of former MDB Agreement............... 53
10A.11.................. Clause 34 of former MDB Agreement............................. 53
10A.12.................. Paragraph 42(2)(a) of former MDB Agreement............... 53
10A.13.................. Subclause 50(2) of former MDB Agreement................... 54
10A.14.................. Subclause 51(2) of former MDB Agreement................... 55
10A.15.................. Subclause 54(1) of former MDB Agreement................... 55
10A.16.................. Subclauses 55(1) and (2) of former MDB Agreement..... 55
10A.17.................. Clause 65 of former MDB Agreement—investigations, construction and administration costs.................................................................................. 56
10A.18.................. Clause 65 of former MDB Agreement—operation and maintenance costs 56
10A.19.................. Subclause 66(1) of former MDB Agreement................... 57
10A.20.................. Subclause 66(2) of former MDB Agreement................... 58
10A.21.................. Subclauses 66(3), (4) and (5) of former MDB Agreement 58
10A.22.................. Subclause 67(2) of former MDB Agreement................... 59
10A.23.................. Clause 83 of former MDB Agreement............................. 59
10A.24.................. Clause 84 of former MDB Agreement............................. 60
10A.25.................. Clause 105 of former MDB Agreement........................... 61
10A.26.................. Clause 106 of former MDB Agreement........................... 61
10A.27.................. Subclause 108(2) of former MDB Agreement................. 62
10A.28.................. Subclause 111(1) of former MDB Agreement................. 62
10A.29.................. Paragraph 2(1)(a) of Schedule C to former MDB Agreement—Strategy 63
10A.30.................. Subclause 10(2) of Schedule C to former MDB Agreement 63
10A.31.................. Clause 11 of Schedule C to former MDB Agreement...... 64
10A.32.................. Subclause 13(2) of Schedule C to former MDB Agreement 65
10A.33.................. Clause 4 of Schedule D to former MDB Agreement........ 65
10A.34.................. Clause 7 of Schedule D to former MDB Agreement........ 66
10A.35.................. Paragraph 2(d) of Schedule E to former MDB Agreement 66
10A.36.................. Subclause 3(2) of Schedule E to former MDB Agreement 67
10A.37.................. Subclause 5(2) of Schedule E to former MDB Agreement 68
10A.38.................. Paragraph 13(2)(b) of Schedule E to former MDB Agreement 68
10A.39.................. Subclause 13(3) of Schedule E to former MDB Agreement 69
10A.40.................. Paragraph 14(5)(a) of Schedule E to former MDB Agreement 70
10A.41.................. Subclause 5(2) of Schedule F to former MDB Agreement 70
10A.42.................. Subclause 6(2) of Schedule F to former MDB Agreement 71
10A.43.................. Subclause 7(2) of Schedule F to former MDB Agreement 71
10A.44.................. Subclause 10(1) of Schedule F to former MDB Agreement—protocols 72
10A.45.................. Subclause 10(1) of Schedule F to former MDB Agreement—resolutions 72
10A.46.................. Subclause 18(2) of Schedule G to former MDB Agreement 73
10A.47.................. Subclause 18(3) of Schedule G to former MDB Agreement 73
10A.48.................. Subclause 18(4) of Schedule G to former MDB Agreement 74
10A.49.................. Subclause 18(5) of Schedule G to former MDB Agreement 75
10A.50.................. Clause 6 of Schedule H to former MDB Agreement........ 76
10A.51.................. Paragraph 10(4)(a) of Schedule H to former MDB Agreement 76
10A.52.................. Things done under protocols made under Schedules to former MDB Agreement 77
10A.53.................. References to River Murray Water in protocols made under Schedules to former MDB Agreement........................................................................ 77
10A.54.................. Vesting of certain assets of Murray‑Darling Basin Commission 77
10A.55.................. Agreements between Contracting Governments............... 78
Part 11—Other transitional matters 79
Division 11.1—Transitional water resource plans—Victoria 79
11.01..................... Transitional water resource plans—Victoria..................... 79
Division 11.2—Amendments made by the Water Amendment (Review Measures) Regulation 2016 80
11.02..................... Amendments made by the Water Amendment (Review Measures) Regulation 2016.......................................................................................... 80
Division 11.3—Amendments made by the Water Amendment (Water Information) Regulations 2017 81
11.03..................... Amendments made by the Water Amendment (Water Information) Regulations 2017.......................................................................................... 81
Part 11A—Interactions with State laws 82
11A.01.................. What this Part is about...................................................... 82
11A.02.................. State plans that prevail over Basin Plan............................ 82
11A.03.................. Water resource plans for water resource plan areas delayed 82
Schedule 1—Murray‑Darling Basin areas—prescribed ground water and surface water 83
Part 1—Area 1 83
Part 2—Area 2 87
Part 3—Area 3 91
Part 4—Area 4 94
Part 5—Area 5 95
Part 6—Area 6 96
Part 7—Area 7 99
Schedule 2—Water information to be given by persons 150
Part 1—Category A persons 150
Part 1A—Category B persons 151
Part 2—Category C persons 152
Part 3—Category D persons 153
Part 4—Category E persons 154
Part 5—Category F persons 155
Part 6—Category G persons 156
Part 7—Category H persons 157
Part 9—Category K persons 158
Part 10—Category L persons 159
Part 11—Category M persons 160
Schedule 3—Subcategories of information 161
Part 1—Definitions 161
Part 2—Subcategories in category 1—surface water resource information 164
Part 3—Subcategories in category 2—ground water resource information 165
Part 4—Subcategories in category 3—water storage information 166
Part 5—Subcategories in category 4—meteorological information 167
Part 6—Subcategories in category 5—water use information 168
Part 7—Subcategories in category 6—information about water rights, allocations and trades 169
Part 8—Subcategories in category 7—information about urban water management 170
Part 9—Subcategory in category 8—information about water restrictions 171
Part 10—Subcategories in category 9—water quality information 172
Part 11—Subcategories in category 11—water information for flood warning purposes 173
Schedule 4—Transitional water resource plans—Victoria 174
Part 1—Definition 174
Part 2—Transitional water resource plans—Victoria 175
Schedule 5—Interactions with State Laws: State plans and areas 182
Part 1—State plans that prevail over Basin Plan 182
Part 2—State plan areas delayed 197
Endnotes 199
Endnote 1—About the endnotes 199
Endnote 2—Abbreviation key 200
Endnote 3—Legislation history 201
Endnote 4—Amendment history 203
Part 1—Preliminary
1.01 Name of Regulations
These Regulations are the Water Regulations 2008.
1.03 Definitions
Note: For the definitions of the following terms, see subsection 4(1) of the Act:
(a) Agreement;
(b) Basin Plan;
(c) Basin State;
(d) Murray‑Darling Basin;
(e) water information;
(f) water resource.
(1) In these Regulations:
Act means the Water Act 2007.
bulk water service means one or more of the following:
(a) a service that is provided for the storage of water that is primarily stored on‑river;
(b) a service that is provided for the delivery of water that is primarily delivered on‑river.
category, in relation to water information, means a category of water information specified in regulation 7.03.
Category A person means a person specified as a Category A person in the document titled Persons and Classes of Persons (see regulation 1.06).
Category B person means a person specified as a Category B person in the document titled Persons and Classes of Persons (see regulation 1.06).
Category C person means a person specified as a Category C person in the document titled Persons and Classes of Persons (see regulation 1.06).
Category D person means a person specified as a Category D person in the document titled Persons and Classes of Persons (see regulation 1.06).
Category E person means a person specified as a Category E person in the document titled Persons and Classes of Persons (see regulation 1.06).
Category F person means a person specified as a Category F person in the document titled Persons and Classes of Persons (see regulation 1.06).
Category G person means a person specified as a Category G person in the document titled Persons and Classes of Persons (see regulation 1.06).
Category H person means a person specified as a Category H person in the document titled Persons and Classes of Persons (see regulation 1.06).
Category K person means a person specified as a Category K person in the document titled Persons and Classes of Persons (see regulation 1.06).
Category L person means a person specified as a Category L person in the document titled Persons and Classes of Persons (see regulation 1.06).
Category M person means a person specified as a Category M person in the document titled Persons and Classes of Persons (see regulation 1.06).
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.
grace period, for a person: see subregulation 7.04(1A).
subcategory, in relation to water information, means a subcategory of water information specified in regulation 7.03 and Schedule 3
water connection means a distribution point for a water service provided to an end user.
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—periods of time
(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 year in these Regulations is to a financial year.
1.05 Definition of Basin water resources in subsection 4(1) of Act—prescribed water resources
(1) For paragraph (a) of the definition of Basin water resources in subsection 4(1) of the Act, the following water resources are prescribed:
(a) ground water occurring beneath area 1, 2, 3, 4 or 5 of the Murray‑Darling Basin;
(b) surface water occurring within area 1, 2, 3, 4 or 5 of the Murray‑Darling Basin;
(c) ground water occurring beneath area 6 or 7 of the Murray‑Darling Basin.
(2) In each Part of Schedule 1, all 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:
area 1 means the area described in Part 1 of Schedule 1.
area 2 means the area described in Part 2 of Schedule 1.
area 3 means the area described in Part 3 of Schedule 1.
area 4 means the area described in Part 4 of Schedule 1.
area 5 means the area described in Part 5 of Schedule 1.
area 6 means the area described in Part 6 of Schedule 1.
area 7 means the area described in Part 7 of Schedule 1.
1.05A Definition of bulk water charge in subsection 4(1) of the Act—prescribed persons
(1) A person is prescribed for paragraph (c) of the definition of bulk water charge in subsection 4(1) of the Act if:
(a) the person diverts water directly from a watercourse for the person’s use, including for one of the following purposes:
(i) agricultural purposes;
(ii) industrial purposes;
(iii) irrigation;
(iv) stock and domestic water use; and
(b) the water is made available through a bulk water service.
1.05B Definition of State water management law in subsection 4(1) of the Act—prescribed laws of Basin States
For the purposes of the definition of State water management law in subsection 4(1) of the Act, the Landscape South Australia Act 2019 (SA) is prescribed.
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 www.bom.gov.au/water/regulations.
(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 www.bom.gov.au/water/regulations.
(3) A reference in these Regulations to the document titled Metadata and contextual information requirements is a reference to the document by that name published from time to time by the Bureau and available at www.bom.gov.au/water/regulations.
(4) A reference in these Regulations to the document titled Urban Water Management Information Requirements is a reference to the document by that name published from time to time by the Bureau and available at www.bom.gov.au/water/regulations.
Part 2—Management of Basin water resources
Division 2.1—Basin plan
2.01 Snowy water licence variations
(1) For subsection 21(7) of the Act, the following variations of the Snowy water licence are prescribed:
(a) the variation issued by the Commissioner of the NSW Office of Water for the Water Administration Ministerial Corporation on 29 April 2010;
(b) the variation issued by the NSW Minister for Primary Industries for the Water Administration Ministerial Corporation on 4 October 2011.
Note 1: Subsection 21(6) of the Act provides that the Basin plan must not be inconsistent with the provisions of the Snowy water licence.
Note 2: Subsection 21(7) of the Act provides that a variation of the Snowy water licence is to be disregarded unless the variation is prescribed by the regulations.
Note 3: The variations are available at www.water.nsw.gov.au.
(2) In this regulation:
Snowy water licence means the licence issued under section 22 of the Snowy Hydro Corporatisation Act 1997 of New South Wales.
2.03 Minor or non‑substantive amendments of Basin Plan
Authority may make minor or non‑substantive amendments
(1) For the purposes of paragraph 49(1)(a) of the Act, the Authority may make the kind of minor, or non‑substantive, amendment of the Basin Plan to which subregulations (2) and (4) apply.
Note: An amendment under this regulation is a legislative instrument: see subsection 33(3) of the Act.
(2) This subregulation applies to an amendment that:
(a) goes only to a matter of spelling, punctuation, grammar or syntax, or the use of conjunctives and disjunctives; or
(b) updates a reference to:
(i) any law, or a provision of any law; or
(ii) a person, body or other entity, or an office, position, place, document or thing; or
(c) replaces a reference to a provision of any law with a different form of reference to the provision; or
(d) numbers or renumbers a provision of the Basin Plan; or
(e) changes the order of definitions or other provisions of the Basin Plan; or
(f) changes the way of referring to or expressing a number, year, date, time, amount of money or other amount, quantity or measurement; or
Example: A reference in a form to “this [blank] day of [blank] 20…” may be changed to “[Date]”.
(g) changes language that indicates gender or that could be taken to indicate gender; or
(h) omits a provision of the Basin Plan that has expired, the operation of which is exhausted or spent, or that is otherwise obsolete or redundant; or
(i) omits a reference to any law (or a provision of any law) that has expired, the operation of which is exhausted or spent, or that is otherwise obsolete or redundant; or
(j) corrects any of the following errors:
(i) errors in numbering, cross‑referencing and alphabetical ordering;
(ii) errors in references to any law, or provisions of any law;
(iii) errors arising out of an amendment of any law;
(iv) any other errors of a nature similar to those mentioned in subparagraphs (i) to (iii); or
(k) affects the format, layout or printing style of the Basin Plan, or any other presentational aspect of the Basin Plan; or
(l) is consequential on any other change made to the Basin Plan under this regulation.
(3) A reference in subregulation (2) to any law includes a reference to a law of the Commonwealth, a State or a Territory.
(4) This subregulation applies to an amendment that does not alter:
(a) rights or obligations provided for by the Basin Plan; or
(b) the substance of the Basin Plan.
Process of making minor or non‑substantive amendments
(5) For the purposes of paragraph 49(1)(b) of the Act, the process of making an amendment under subregulation (1) is as follows:
(a) the Murray‑Darling Basin Ministerial Council certifies in writing that the amendment does not alter any of the things listed in subregulation (4);
(b) the Authority makes the amendment.
Division 2.1A—Water resource plans
2.11 Timeframe and process for giving proposed water resource plans to the Authority
Authority
(1) This regulation is made for the purposes of paragraphs 63(9)(a) and (b) of the Act.
Date for giving proposed water resource plan to Authority
(2) For a Basin State to give the Authority a proposed water resource plan under paragraph 63(1)(a) of the Act, the plan must be given to the Authority no later than 28 February 2019.
Extension of up to 2 months
(3) The Minister may, by written notice, extend the period within which a Basin State may give a proposed water resource plan under paragraph 63(1)(a) of the Act by a specified period ending no later than 30 April 2019.
(4) The Minister may only grant the extension on request by the Basin State made, in writing, no later than 28 February 2019. The Minister may grant the extension before, on or after that date.
Extension of up to 10 months
(5) Subject to subregulations (6) and (7), the Minister may, by written notice, extend the period within which a Basin State may give a proposed water resource plan under paragraph 63(1)(a) of the Act by a specified period ending no later than 31 December 2019.
(6) In considering whether to grant an extension under subregulation (5) for a particular period, the Minister must have regard to:
(a) whether, in the Minister’s opinion, the plan is likely to be given to the Authority within that period; and
(b) any other matters the Minister considers to be relevant to the water resource plan area to be covered by the plan.
(7) The Minister may only grant an extension under subregulation (5) on request by the Basin State made, in writing, no later than:
(a) if an extension has been granted to the Basin State under subregulation (3)—the end of the extended period under that subregulation; or
(b) otherwise—28 February 2019.
The Minister may grant the extension before, on or after the date by which the request must be made.
Authority may request information about a proposed water resource plan
(8) The Authority may, in writing, request information from a Basin State relating to a proposed water resource plan for the purpose of:
(a) considering the plan under paragraph 63(3)(a) of the Act; or
(b) preparing recommendations under paragraph 63(3)(b) of the Act on whether the plan should be accredited.
(9) The Authority is not required to consider information given in response to a request under subregulation (8) unless the information is given:
(a) in writing; and
(b) within the period of 14 days beginning on the day the request is made.
(10) The Authority may, in writing, extend or further extend the period referred to in paragraph (9)(b).
2.11A Minor or non‑substantive amendments of water resource plans
(1) For the purposes of subsection 66(1) of the Act, a minor, or non‑substantive, amendment:
(a) of a water resource plan accredited under section 63 of the Act; and
(b) to which subregulations (2) and (4) apply;
is a kind of amendment to which section 66 of the Act applies.
(2) This subregulation applies to an amendment that:
(a) goes only to a matter of spelling, punctuation, grammar or syntax, or the use of conjunctives and disjunctives; or
(b) updates a reference to:
(i) any law, or a provision of any law; or
(ii) a person, body or other entity, or an office, position, place, document or thing; or
(c) changes the format of the water resource plan; or
(d) numbers or renumbers a provision of the water resource plan; or
(e) changes the order of definitions or other provisions of the water resource plan; or
(f) affects the format, layout or printing style of maps that form part of the water resource plan, so long as the amendment does not change the depiction of the boundaries of:
(i) the water resource plan area; or
(ii) any SDL resource unit in the water resource plan area; or
(g) corrects any of the following errors:
(i) errors in numbering, cross‑referencing and alphabetical ordering;
(ii) errors in references to any law, or provisions of any law;
(iii) any other errors of a nature similar to those mentioned in subparagraphs (i) and (ii).
(3) A reference in subregulation (2) to any law includes a reference to a law of the Commonwealth, a State or a Territory.
(4) This subregulation applies to an amendment that does not:
(a) alter the substance of the water resource plan; or
(b) affect rights or obligations.
2.12 Process for preparation of water resource plans by Authority
(1) This regulation is made for the purposes of paragraph 68(6)(a) of the Act.
(2) In preparing a water resource plan for a water resource plan area, the Authority must:
(a) undertake consultations with each Basin State within which that area, or another water resource plan area adjacent to that area, is located; and
(b) undertake any other consultations in relation to the plan the Authority considers necessary or appropriate; and
(c) consider the results of the consultations undertaken under paragraphs (a) and (b).
(3) In addition, the Authority must consider the results of consultations undertaken by a Basin State in respect of the water resource plan area if:
(a) that area is:
(i) located in the Basin State; or
(ii) adjacent to another water resource plan area located in the Basin State; and
(b) the Basin State has consulted persons or bodies in relation to a water resource plan, or amendments of such a plan, proposed or prepared by the Basin State for that area or the adjacent water resource plan area; and
(c) the Basin State gives the results of the consultations to the Authority.
Division 2.2—Basin States
2.22 Specified day—risk assignment framework applied: Queensland
For subparagraph 74A(1)(b)(ii) of the Act, the day specified for Queensland is 28 October 2011.
Part 4—Water charge rules and water market rules
Division 4.1A—Regulated water charges
4.01A Regulated water charges in section 91 of the Act—prescribed fees or charges
(1) This regulation is made for the purposes of paragraph 91(1)(d) of the Act.
(2) The following kinds of fees or charges, to the extent that they do not relate to an irrigation network or an urban water supply network, or are not bulk water charges, are prescribed:
(a) a fee or charge payable to an infrastructure operator for access to the operator’s water service infrastructure (or services provided in relation to that access);
(b) a fee or charge payable to an infrastructure operator for changing access to the operator’s water service infrastructure (or services provided in relation to that access), including a fee or charge payable to a bulk water supplier for changing access to a bulk water service;
(c) a fee or charge payable to an infrastructure operator for terminating access to the operator’s water service infrastructure (or services provided in relation to that access), including a fee or charge payable to a bulk water supplier for terminating a bulk water service;
(d) a fee or charge payable to an infrastructure operator for surrendering to the operator a right to the delivery of water through the operator’s water service infrastructure.
(3) In this regulation:
bulk water supplier means a person who imposes a bulk water charge for a bulk water service.
urban water supply network means water service infrastructure that is operated primarily for delivering water for an urban water supply activity beyond the point at which the water has been removed from a Basin water resource.
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, persons and water information
7.01 Purposes of Part
For section 126 of the Act, this Part specifies:
(a) the persons, or classes of persons, who must give a copy of water information to the Bureau; and
(b) the water information that must be given; and
(c) the time within which the copy must be given; and
(d) the form and manner in which the water information contained in the copy must be given.
Note: Under subsection 126(1) of the Act, a person is required to give a copy of water information to the Bureau only if it is in the person’s possession, custody or control.
7.02 Persons to give water information to Bureau
This Part applies to the following 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;
(j) a Category K person;
(k) a Category L person;
(l) a Category M person.
7.03 Categories and subcategories of water information
(1) The water information that must be given to the Bureau under Division 7.2 is water information of a kind described in the categories specified in the table in subregulation (2), subject to subregulations (3) to (6).
(2) The water information in a category in the table is made up of the water information in the subcategories specified for the category, which are described in Schedule 3.
| Category number | Description of category | Subcategories in category |
| 1 | Surface water resource information | 1a–1b in Part 2 of Schedule 3 |
| 2 | Ground water resource information | 2a‑2e in Part 3 of Schedule 3 |
| 3 | Water storage information | 3a–3f in Part 4 of Schedule 3 |
| 4 | Meteorological information | 4a–4j in Part 5 of Schedule 3 |
| 5 | Water use information | 5a‑5h in Part 6 of Schedule 3 |
| 6 | Information about water rights, allocations and trades | 6a–6g in Part 7 of Schedule 3 |
| 7 | Information about urban water management | 7a‑7d in Part 8 of Schedule 3 |
| 8 | Information about water restrictions | 8a in Part 9 of Schedule 3 |
| 9 | Water quality information | 9a–9h in Part 10 of Schedule 3 |
| 11 | Water information for flood warning purposes | 11a–11c in Part 11 of Schedule 3 |
Information that is not water information
(3) The categories in subregulation (1) do not include water information:
(a) held in a form that is not an electronic format; or
(b) publicly available on the Bureau’s website; or
(c) collected from a single site for up to 12 continuous weeks; or
(d) collected solely in order to fulfil a contractual arrangement with a person not specified in regulation 7.02.
(4) The categories in subregulation (1) also do not include water information in the possession, custody or control of a person specified in regulation 7.02 who:
(a) is required to give a copy of the water information to the Bureau under Division 7.2; and
(b) reasonably believes that the water information is already in the Bureau’s possession; and
(c) has notified the Bureau, in writing, of the decision not to provide the information because of that belief.
(5) The categories in subregulation (1) also do not include water information that is:
(a) collected solely for a project which the person expects to be of up to 12 months duration; and
(b) in the possession, custody or control of any of the following persons:
(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;
(vii) a Category L person;
(viii) a Category M person.
(6) However, for water information in subcategories 2d and 2e, paragraphs (3)(b) and (c) and subregulation (4) do not apply.
Division 7.2—Giving water information to Bureau
7.04 Initial obligation to give water information held during grace period
(1) This regulation applies to a person if:
(a) on or after the commencement of this regulation, the person is specified as a person in a category (the new category) mentioned in an item of the table; and
(b) during the grace period for the person in respect of the new category, the person has in the person’s possession, custody or control water information in a subcategory that:
(i) is specified in the item; and
(ii) has been entered into a data management system.
| Item | Category of persons | Subcategories of water information |
| 1 | A and B | 1a, 1b, 2a, 2b, 3e, 3f, 4a to 4j, 6a to 6g, 8a and 9a to 9h |
| 2 | C | 1a, 1b, 3a to 3da, 3f and 4a to 4j |
| 3 | D | 3a to 3da and 3f |
| 4 | E | 6b to 6d |
| 5 | F | 1a, 1b, 2a, 2b, 3e, 3f, 4a to 4j, 8a and 9a to 9h |
| 6 | G | 1a, 1b, 2a, 2b, 4a to 4j, 9a to 9g and 9h |
| 7 | L | 1a, 1b, 2a, 2b, 3e, 3f, 4a to 4j, 8a and 9a to 9h |
(1A) The grace period for the person in respect of the new category is the period:
(a) beginning on the day the person is specified in the new category; and
(b) ending 3 months after that day.
(1B) However, subregulation (1) does not apply to a subcategory of water information if, immediately before the grace period for the person in respect of the new category, the person:
(a) was specified as a person in another category; and
(b) was required to give water information in that subcategory as a result of being specified as a person in the other category.
(2) The person must give a copy of the water information to the Bureau by midday of the 14th day after the grace period for the person ends.
(3) However, if:
(a) the person is a Category C person; and
(b) the water information is collected from a site listed in the document titled Commercially Sensitive Sites (see regulation 1.06);
the person must give a copy of the water information, expressed as mean daily values, to the Bureau by midday of the day 2 months after the grace period for the person ends.
Information amended during grace period
(4) If:
(a) a person has given a copy of water information to the Bureau under this regulation; and
(b) the person amends the water information during the grace period for the person;
the person must give a copy of the amended water information to the Bureau by midday of the 14th day after the grace period ends.
How information is to be given
(5) A person must give a copy of water information under this regulation to the Bureau:
(a) in the form of a CD, DVD or external hard drive; or
(b) by way of the Internet using FTP or web services.
(6) However, information in subcategory 8a may be given to the Bureau under this regulation in an email sent to the email address, if any, specified on the Bureau’s website as being for this purpose.
7.05 Initial obligation to give category 5 and category 7 water information
(1) This regulation applies to a person if:
(a) the person starts (at the start time) in a particular year (the initial year) to be specified in a category of persons that is required to give water information in category 5 or category 7 (the new category); and
(b) immediately before the start time, the person was not required to give water information in the new category; and
(c) the person has in the person’s possession, custody or control water information in the new category that relates to the initial year (whether the information relates to times before or after the start time); and
(d) that information has been entered into a data management system:
(i) during the initial year (whether before or after the start time); or
(ii) during the period beginning on the day after the end of the initial year and ending at the time the information is to be given to the Bureau.
Note 1: References to a year in these Regulations are to a financial year, starting on 1 July. See regulation 1.04 and the definition of financial year in section 2B of the Acts Interpretation Act 1901, as applied by section 13 of the Legislation Act 2003.
Note 2: Water information in category 5 and category 7 is required to be given yearly (see regulation 7.06 and the relevant Parts of Schedule 2).
When category 5 and category 7 water information for the initial year is to be given
(2) The person must give a copy of the water information to the Bureau, in the next year following the initial year, by the time provided under subregulation 7.07(2) in relation to persons in that category for that water information.
How water information is to be given
(3) A person must give a copy of water information under this regulation to the Bureau:
(a) in a form approved by the Director of Meteorology for this subregulation; and
(b) for water information in category 5—by way of the internet, including by email or a database application; and
(c) for water information in category 7—by way of the internet using a database application.
7.06 Continuing obligation to give water information
(1) This regulation applies to a person in relation to water information if:
(a) a Part of Schedule 2 applies to the person; and
(b) neither regulation 7.04 or 7.05 apply in relation to the water information.
(2) If:
(a) the person has in the person’s possession, custody or control water information in any of the subcategories that are specified in an item in that Part; and
(b) the water information has been entered into a data management system (unless the water information is subcategory 6d or 8a water information);
the person must give a copy of the water information to the Bureau within the time specified in the item.
(3) 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 (see regulation 1.06);
the person must give a copy of the water information, expressed as mean daily values, to the Bureau by midday of the day 2 months after the information was entered onto the data management system.
Amended information
(4) If a person amends water information that is entered into a data management system and given to the Bureau under this regulation or regulation 7.05, the person must give a copy of the amended information to the Bureau:
(a) if the person is in category L and the information is in Category 7—within 1 month after the time (the amendment time) the amendment of the water information is entered into the system; or
(b) in any other case—within the time that would be specified for the water information in the item in the Part of Schedule 2 that applies to the person if the water information, as amended, were entered into the system at the amendment time.
Note: See also regulation 7.07 for the time when water information must be given to the Bureau.
How information is to be given
(5) A person must give a copy of water information under this regulation to the Bureau:
(a) in a form approved by the Director of Meteorology for this subregulation; and
(b) for water information in category 5—by way of the internet, including by email or a database application; and
(c) for water information in category 7—by way of the internet using a database application; and
(d) for water information in any other category—by way of the internet using FTP or web services.
(6) Subcategory 6d information may be given to the Bureau by way of an email sent to the email address, if any, specified on the Bureau’s website as being for this purpose.
(7) The Director must ensure that approved forms are publicly available.
7.07 When information is to be given to Bureau
Non‑yearly requirements
(1) If the time for giving water information to the Bureau is a time specified in column 2 of an item of the table, the person must give the water information to the Bureau by the time specified in column 3 of the item.
| Item | Time for giving information | When information is to be given to Bureau |
| 1 | Hourly | Five minutes after the end of the hour during which the information was entered into a data management system |
| 2 | Daily | Midday on the next day following the day during which the information was entered into a data management system |
| 3 | Weekly | Midday on the first day of the next week following the week during which the information was entered into a data management system |
| 4 | Calendar monthly | Midday on the second day of the next calendar month following the calendar month during which the information was entered into a data management system |
Yearly requirements
(2) The following table applies if:
(a) the time for giving particular water information is yearly; and
(b) for a person in Category K—the water information the person is required to give was entered into a data management system before the time the information is to be given to the Bureau in relation to a particular year; and
(c) for a person in any other category—the water information the person is required to give in relation to a particular year was entered into a data management system:
(i) during the particular year; or
(ii) during the period beginning on the day after the end of the particular year and ending at the time the information is to be given to the Bureau.
| Yearly requirements |
| Item | If the person is in this category … | the person must give the water information to the Bureau by the following time in the next year following the particular year … |
| 1 | A | (a) for category 5 water information—the end of 31 October; (b) for any other water information—midday on 20 July. |
| 2 | B, C or D | midday on 20 July. |
| 3 | E | the end of 31 October. |
| 4 | F | (a) for category 7 water information—the end of 31 October; (b) for any other water information—the end of 31 August. |
| 5 | G | midday on 20 July. |
| 6 | K | the end of 30 September. |
| 7 | L | (a) for category 7 water information—the end of 31 October; (b) for any other water information—the end of 31 August. |
| 8 | M | the end of 31 October. |
Note: References to a year in these Regulations are to a financial year, starting on 1 July. See regulation 1.04 and the definition of financial year in section 2B of the Acts Interpretation Act 1901, as applied by section 13 of the Legislation Act 2003.
7.08 Water information collected during a project of up to 48 months duration
(1) This regulation applies to a person if:
(a) the person collects water information solely for the purpose of a project that the person expects to be of up to 48 months duration; and
(b) the water information is entered into a data management system; and
(c) the water information is not category 11 water information.
(2) The person is not required to give a copy of the water information to the Bureau under regulation 7.06.
(3) The person must give to the Bureau a copy of the water information that was collected:
(a) for a person to whom a grace period did not apply—during each full year for the duration of the project; and
(b) for a person to whom a grace period applied—during each full year that begins after the grace period for the person has ended, for the duration of the project; and
(c) during the period that starts immediately after the end of the last full year and ending on the last day of the project.
When information is to be given
(4) The times for giving water information to the Bureau in an item in a Part of Schedule 2 do not apply.
(5) The person must give a copy of the water information to the Bureau by 3 calendar months after the end of the year to which the information relates.
How information is to be given
(6) A person must give a copy of water information under this regulation to the Bureau:
(a) in the form of a CD, DVD or external hard drive; or
(b) by way of the Internet using FTP or web services.
7.09 Application to first information period after grace period ends or Part commences
(1) If a grace period for a person ends after the start of a week (the first week):
(a) item 3 of the table in subregulation 7.07(1) does not apply to the first week; and
(b) item 3 of the table in subregulation 7.07(1) applies to the next week as if the next week also included the period from the end of the grace period to the end of the first week.
(2) If a grace period for a person ends after the start of a calendar month (the first calendar month):
(a) item 4 of the table in subregulation 7.07(1) does not apply to the first calendar month; and
(b) item 4 of the table in subregulation 7.07(1) applies to the next calendar month as if the next calendar month also included the period from the end of the grace period to the end of the first calendar month.
7.10 Units of measurement and time zones
(1) 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.
(2) 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 that required in Schedule 3;
the person must convert the unit of measurement into the unit required by Schedule 3 before giving a copy of the water information to the Bureau.
7.11 Metadata and contextual information
(1) If a person gives a copy of water information to the Bureau under this Division, the person must, at the same time, also give to the Bureau a copy of the metadata and contextual information that relates to the water information being given, in accordance with:
(a) for category 7 water information—the document titled Urban Water Management Information Requirements (see regulation 1.06); or
(b) for any other water information—the document titled Metadata and contextual information requirements (see regulation 1.06).
(2) If the Bureau notifies the person that the metadata and contextual information required by that document has changed, the person must start giving the new metadata and contextual information that relates to the water information 6 months after the person is notified.
Part 8—Enforcement
Division 8.6—Enforceable undertakings
8.01 Specified kinds of written undertaking
For the purposes of paragraph 163(2)(d) of the Act, this Division specifies kinds of written undertakings that the appropriate enforcement agency may accept from a person if the appropriate enforcement agency considers that an action taken by, or an omission of, the person constituted a contravention to which Part 8 of the Act applies.
Note 1: For the appropriate enforcement agency for a contravention to which Part 8 of the Act applies, see section 137 of the Act.
Note 2: For the contraventions to which Part 8 of the Act applies, see section 136 of the Act.
Note 3: An undertaking must be expressed to be an undertaking under section 163 of the Act (see subsection (3) of that section).
8.02 Undertaking to pay refund, compensation or other restitution
This regulation specifies a written undertaking that the person will take specified action to pay, to a person who has suffered injury, loss or damage as a result of the action or omission referred to in regulation 8.01:
(a) a refund; or
(b) compensation; or
(c) another kind of restitution.
8.03 Undertaking to give information about another undertaking
This regulation specifies a written undertaking (a monitoring undertaking) that the person will give the appropriate enforcement agency specified information for the purpose of monitoring compliance with another specified undertaking, given by the person, that:
(a) has been accepted under section 163 of the Act by the appropriate enforcement agency; or
(b) is to be so accepted at the same time as the monitoring undertaking.
8.04 Undertaking to publish information about matters relating to another undertaking
This regulation specifies a written undertaking (a publication undertaking) that the person will take specified action to publish specified information about matters relating to another specified undertaking, given by the person, that:
(a) has been accepted under section 163 of the Act by the appropriate enforcement agency; or
(b) is to be so accepted at the same time as the publication undertaking.
Examples: For example, the person may undertake to publish the information in any of the following ways:
(a) in a newsletter;
(b) in the print media;
(c) by radio or television broadcasting;
(d) on a website, such as the website of a local, State or Territory government or an industry body.
8.05 Undertaking to notify persons about another undertaking
This regulation specifies a written undertaking (a notification undertaking) that the person will take specified action to notify a specified person, or persons in a specified class, about another specified undertaking, given by the person giving the notification undertaking, that:
(a) has previously been accepted under section 163 of the Act by the appropriate enforcement agency; or
(b) is to be so accepted at the same time as the notification undertaking.
Examples: For example, the person may undertake to notify the person, or persons in the class of persons, specified in the undertaking in the following ways:
(a) in a newsletter delivered by direct mail;
(b) by email;
(c) by letter.
8.06 Undertaking to appoint person to review compliance with another undertaking
This regulation specifies a written undertaking (a review undertaking) that:
(a) the person will appoint, in writing, a specified person (the reviewer) to review the person’s compliance with another specified undertaking, given by the person, that:
(i) has previously been accepted under section 163 of the Act by the appropriate enforcement agency; or
(ii) is to be so accepted at the same time as the review undertaking; and
(b) the appointment will require the reviewer to:
(i) prepare a written draft report that sets out the findings and recommendations of the review; and
(ii) give the person an opportunity to give the reviewer written comments on the draft report; and
(iii) after considering the comments—prepare a written final report; and
(iv) give the final report, with the comments attached, to the person and the appropriate enforcement agency; and
(c) the person will, after considering the final report, inform the appropriate enforcement agency, in writing, of the action (if any) that the person has taken or intends to take in response to the final report.
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 10AA—Inspector‑General of Water Compliance (special powers)
10AA.01 Matters to which Inspector‑General must have regard in deciding whether contractor is fit and proper to be authorised compliance officer
For the purposes of paragraph 222G(5)(a) of the Act, the matters to which the Inspector‑General must have regard in deciding whether an individual is fit and proper to be an authorised compliance officer are as follows:
(a) whether the individual has appropriate training;
(b) whether the individual has been convicted of an offence against the Water Act 2007 or a law of a State or Territory relating to water management;
(c) whether an infringement notice has been issued to the individual for contravention of a civil penalty provision of the Water Act 2007 or a provision of a law of a State or Territory relating to water management;
(d) whether the individual has been ordered to pay a pecuniary penalty for contravention of a civil penalty provision of the Water Act 2007 or a law of a State or Territory relating to water management;
(e) whether the individual has been convicted within the preceding 10 years of an indictable offence, punishable by a period of 12 months imprisonment or more, against a law of the Commonwealth, or a State or Territory;
(f) whether the individual has been convicted of an offence against a law of the Commonwealth, or a State or Territory, involving:
(i) entry onto premises; or
(ii) fraud or dishonesty; or
(iii) intentional use of violence against another person or intentional damage or destruction of property.
Note 1: In making the decision, the Inspector‑General may also have regard to any other matter the Inspector‑General considers appropriate (see paragraph 222G(5)(b) of the Act).
Note 2: Application may be made to the Administrative Appeals Tribunal for review of a decision by the Inspector‑General that an individual is not fit and proper to be an authorised compliance officer (see subsection 222G(6) of the Act).
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.
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.
Part 11—Other transitional matters
Division 11.1—Transitional water resource plans—Victoria
11.01 Transitional water resource plans—Victoria
For paragraph 241(1)(b) of the Act, each plan mentioned in Schedule 4:
(a) is a transitional water resource plan for the water resource plan area in Victoria mentioned for the plan in the Schedule; and
(b) ceases to have effect on the day mentioned in the Schedule for the plan.
Division 11.2—Amendments made by the Water Amendment (Review Measures) Regulation 2016
11.02 Amendments made by the Water Amendment (Review Measures) Regulation 2016
Division 8.6 of Part 8, as inserted by Schedule 1 to the Water Amendment (Review Measures) Regulation 2016, applies in relation to actions or omissions that occur on or after the day that Schedule commences.
Division 11.3—Amendments made by the Water Amendment (Water Information) Regulations 2017
11.03 Amendments made by the Water Amendment (Water Information) Regulations 2017
The amendments made by the Water Amendment (Water Information) Regulations 2017 in relation to water information in category 5 or category 7 apply in relation to any such information that relates to the year starting on 1 July 2016 and later years.
Part 11A—Interactions with State laws
11A.01 What this Part is about
For section 250E of the Act, this Part modifies the operation of the Commonwealth water legislation to deal with that legislation’s interaction with the laws of referring States.
11A.02 State plans that prevail over Basin Plan
(1) The operation of section 241 of the Act is modified so that:
(a) a plan specified in Part 1 of Schedule 5 (the State Plan) as in force on the accreditation day specified for the State Plan; and
(b) any instrument made under or for the purposes of the State plan;
is a transitional water resource plan for the water resource plan area specified for the State Plan.
(2) However, subregulation (1) operates only to the extent to which:
(a) the State plan or instrument relates to:
(i) the water resources of the water resource plan area; and
(ii) the matters referred to in subsection 22(1) of the Act, other than water trading rules; and
(b) there is an inconsistency between a provision of the State plan or instrument and a provision of the Basin Plan.
Note: For the definition of water trading rules, see subsection 4(1) of the Act.
(3) The operation of section 243 of the Act is modified so that the State plan is taken to have been accredited by the Minister under section 63 of the Act on the accreditation day specified in Part 1 of Schedule 5 for the plan.
(4) To avoid doubt, all other provisions in the Act in relation to transitional water resource plans operate without modification and a reference to a transitional water resource plan is taken to be a reference to the State Plan.
(5) This regulation applies in relation to a State plan for the period starting on the start day and ending on the end day specified in Part 1 of Schedule 5 for the plan.
11A.03 Water resource plans for water resource plan areas delayed
(1) This regulation applies to a water resource plan area, of a referring State, that is specified in Part 2 of Schedule 5 (the State area).
(2) Section 54 of the Act does not apply in relation to the State area until after the end day specified in Part 2 of Schedule 5 for the State area.