Basin Plan 2012

In force

Administered by

Department of Climate Change, Energy, the Environment and Water

This item is authorised by the following title:

Water Act 2007

Superseded version

View latest version

View as made version

F2018C00064 C04

13 January 2018 - 13 February 2018

Table of contents

Chapter 1—Introduction
Part 1—Preliminary
- 1.01 Name of instrument
- 1.02 Making and effect of Basin Plan
- 1.03 Application of Basin Plan
- 1.04 Commencement
Part 2—Structure of the Basin Plan
- 1.05 Simplified outline
Part 3—Interpretation
- 1.06 Where terms are defined
- 1.07 Definitions
- 1.08 Basin Plan not to be inconsistent with Snowy Water Licence
- 1.09 Construction of provisions imposing obligations on States
- 1.10 Reasonable excuse for not producing or providing information etc
- 1.11 Avoidance of double counting of forms of take
Part 4—Agreements with regard to jurisdictional implementation obligations
- 1.12 Agreements with regard to jurisdictional implementation obligations
Chapter 2—Basin water resources and the context for their use
- 2.01 Description located in Schedule 1
Chapter 3—Water resource plan areas and water accounting periods
Part 1—Preliminary
- 3.01 Simplified outline
- 3.02 Time at which area becomes water resource plan area
- 3.03 Datasets for identification of water resource plan areas
- 3.04 Flexibility relating to boundaries of water resource plans
Part 2—Water resource plan areas
- 3.05 Water resource plan areas—surface water
- 3.06 Water resource plan areas—groundwater
- 3.07 Water resource plan areas—surface water and groundwater
Part 3—Water accounting periods
- 3.08 Water accounting period for each water resource plan area
Chapter 4—Identification and management of risks to Basin water resources
Part 1—Preliminary
- 4.01 Simplified outline
Part 2—Risks and strategies to address risks
- 4.02 Risks to condition, or continued availability, of Basin water resources, and consequential risks
- 4.03 Strategies to manage, or address, identified risks
- 4.04 Authority may publish guidelines
Chapter 5—Management objectives and outcomes to be achieved by Basin Plan
- 5.01 Simplified outline
- 5.02 Objectives and outcome for Basin Plan as a whole
- 5.03 Objectives and outcome in relation to environmental outcomes
- 5.04 Objective and outcome in relation to water quality and salinity
- 5.05 Objective and outcomes in relation to long-term average sustainable diversion limits
- 5.06 Objective and outcome for operation of the SDL adjustment mechanism
- 5.07 Objectives and outcome in relation to trading in the water market
Chapter 6—Water that can be taken
Part 1—Preliminary
- 6.01 Simplified outline
Part 2—Long-term average sustainable diversion limits
- Division 1—Identification of SDL resource units
  - 6.02 Identification of surface water SDL resource units
  - 6.03 Identification of groundwater SDL resource units
- Division 2—Long-term average sustainable diversion limits
Part 3—Temporary diversion provision
- 6.07 Temporary diversion provision
Part 4—Method for determining compliance with long-term annual diversion limit
- Division 1—Register of take
  - 6.08 Register of take
- Division 2—Method for determining compliance—surface water
- Division 3—Method for determining compliance—groundwater
Part 5—Allocation of risks in relation to reductions in water availability
- 6.13 Risks arising from reduction in diversion limits
- 6.14 Risks arising from other changes to the Basin Plan
Chapter 7—Adjustment of SDLs
Part 1—Preliminary
- 7.01 Simplified outline
- 7.02 Interpretation
- 7.03 Meaning of supply measure
- 7.04 Meaning of efficiency measure
- 7.05 Consultation with Basin Officials Committee
- 7.06 Public consultation
- 7.07 Combined proposals
- 7.08 Constraints management strategy
Part 2—Adjustment of surface water SDLs for notified measures
- Division 1—Objective
  - 7.09 Objective
- Division 2—When Authority must propose appropriate adjustments
  - 7.10 Initial adjustments to be proposed in 2017
  - 7.11 Reconciliation adjustments to be proposed in 2024
- Division 3—Notification and recording of relevant matters
  - 7.12 Notification of measures relevant to adjustment of SDLs
  - 7.13 Register of measures
- Division 4—Determining amounts of adjustments
Part 4—Adjustments relating to groundwater
- 7.24 Objective
- 7.25 Adjustments relating to groundwater
- 7.26 Overall limitation on size of groundwater adjustment amounts
Part 5—Independent audit of calculations
- 7.27 Independent audit of Authority’s calculations
Chapter 8—Environmental watering plan
Part 1—Preliminary
- 8.01 Simplified outline
- 8.02 Purpose of Chapter
- 8.03 Effect of environmental watering plan on Commonwealth Environmental Water Holder
Part 2—Overall environmental objectives for water-dependent ecosystems
- 8.04 Overall environmental objectives
- 8.05 Protection and restoration of water-dependent ecosystems
- 8.06 Protection and restoration of ecosystem functions of water-dependent ecosystems
- 8.07 Ensuring water-dependent ecosystems are resilient to climate change and other risks and threats
Part 3—Targets by which to measure progress towards objectives
- 8.08 Targets by which to measure progress towards achieving objectives
- 8.09 Assessment of progress towards objectives in Part 2
Part 4—Environmental management framework
- Division 1—Preliminary
- Division 2—Basin-wide environmental watering strategy
- Division 3—Long-term watering plans
- Division 4—Annual environmental watering priorities
- Division 5—Basin annual environmental watering priorities
- Division 6—Principles to be applied in environmental watering
  - Subdivision A—Principles to be applied in environmental watering
  - Subdivision B—Reporting in relation to Basin annual environmental watering priorities
    - 8.44 Reporting required where Basin annual environmental watering priorities not followed
- Division 7—Planning for recovery of additional environmental water
Part 5—Methods for identifying environmental assets and ecosystem functions and their environmental watering requirements
- 8.48 Environmental assets and ecosystem functions database
- 8.49 Method for identifying environmental assets and their environmental watering requirements
- 8.50 Method for identifying ecosystem functions that require environmental watering and their environmental watering requirements
- 8.51 Determination of the environmental watering requirements of environmental assets and ecosystem functions
Part 6—Principles and method to determine priorities for applying environmental water
- Division 1—Principles to be applied to determine priorities
- Division 2—Method to be used to determine priorities
Chapter 9—Water quality and salinity management plan
Part 1—Preliminary
- 9.01 Simplified outline
Part 2—Key causes of water quality degradation in Murray-Darling Basin
- 9.02 Types of water quality degradation and their key causes
Part 3—Water quality objectives for Basin water resources
- 9.03 Outline of this Part
- 9.04 Objectives for water-dependent ecosystems
- 9.05 Objectives for raw water for treatment for human consumption
- 9.06 Objective for irrigation water
- 9.07 Objective for recreational water quality
- 9.08 Objective to maintain good levels of water quality
- 9.09 Salt export objective
Part 4—Water quality targets
- Division 1—Preliminary
- Division 2—Targets for managing water flows
  - 9.14 Targets for managing water flows
- Division 3—Water quality targets for water resource plans
- Division 4—Salinity targets for the purposes of long-term salinity planning and management
  - 9.19 Salinity targets
Chapter 10—Water resource plan requirements
Part 1—Preliminary
- 10.01 Simplified outline
Part 2—Identification of water resource plan area and other matters
- 10.02 Identification of water resource plan area and water resources
- 10.03 Identification of SDL resource units and water resources
- 10.04 Form of water resource plan
- 10.05 Regard to other water resources
- 10.06 Matters relating to requirements of Chapter
- 10.07 Consultation to be demonstrated
Part 3—Incorporation and application of long-term annual diversion limit
- Division 1—Water access rights
  - 10.08 Water access rights must be identified
  - 10.09 Identification of planned environmental water and register of held environmental water
- Division 2—Take for consumptive use
- Division 3—Actual take
  - 10.15 Determination of actual take must be specified
Part 4—The sustainable use and management of water resources
- Division 1—Sustainable use and management
  - 10.16 Sustainable use and management of water resources
- Division 2—Surface water
  - 10.17 Priority environmental assets and priority ecosystem functions
- Division 3—Groundwater
- Division 4—How requirements have been met
  - 10.22 Description of how requirements have been met
Part 5—Interception activities
- 10.23 Listing types of interception activity
- 10.24 Monitoring impact of interception activities
- 10.25 Actions to be taken
Part 6—Planning for environmental watering
- 10.26 Planning for environmental watering
- 10.27 Enabling environmental watering between connected water resources
- 10.28 No net reduction in the protection of planned environmental water
Part 7—Water quality objectives
- Division 1—Requirement for water quality management plan
  - 10.29 Water resource plan to include WQM Plan
- Division 2—Surface water
- Division 3—Groundwater
Part 8—Trade of water access rights
- 10.36 Application of Part
- 10.37 Circumstances in which conditions in section 12.24 are met
- 10.38 Circumstances in which conditions in section 12.25 are met
- 10.39 Circumstances in which conditions in section 12.26 are met
Part 9—Approaches to addressing risks to water resources
- 10.40 Definitions
- 10.41 Risk identification and assessment methodology
- 10.42 Description of risks
- 10.43 Strategies for addressing risks
Part 10—Measuring and monitoring
- 10.44 Information relating to measuring take—water access rights
- 10.45 Supporting measuring
- 10.46 Monitoring water resources
Part 11—Reviews of water resource plans
- 10.47 Review of water resource plans
- 10.47A Additional requirements for Western Porous Rock, Gunnedah-Oxley Basin MDB, Sydney Basin MDB and Goulburn-Murray: Sedimentary Plain SDL resource units
- 10.48 Amendment of water resource plan
Part 12—Information used to prepare water resource plan
- 10.49 Best available information
- 10.50 Methods used to develop water resource plan
Part 13—Extreme events
- 10.51 Measures in response to extreme events
Part 14—Indigenous values and uses
- 10.52 Objectives and outcomes based on Indigenous values and uses
- 10.53 Consultation and preparation of water resource plan
- 10.54 Cultural flows
- 10.55 Retention of current protection
Chapter 11—Critical human water needs
Part 1—Preliminary
- 11.01 Simplified outline
- 11.02 Definitions
Part 2—Water required to meet critical human water needs
- 11.03 Amount of water required to meet critical human water needs (Act paragraph 86B(1)(a))
- 11.04 Conveyance water required to deliver water for critical human water needs (Act paragraph 86B(1)(b))
- 11.05 Water quality and salinity trigger points (Act paragraph 86B(1)(c))
Part 3—Monitoring, assessment and risk management
- 11.06 Process for assessing inflow prediction (Act paragraph 86C(1)(b))
- 11.07 Process for managing risks to critical human water needs associated with inflow prediction (Act paragraph 86C(1)(b))
- 11.08 Risk management approach for inter-annual planning (Act paragraph 86C(1)(c))
Part 4—Tier 2 water sharing arrangements
- Division 1—When Tier 2 water sharing arrangements apply
  - 11.09 Commencement of Tier 2 water sharing arrangements (Act paragraph 86D(1)(a))
  - 11.10 Cessation of Tier 2 water sharing arrangements (Act paragraph 86D(1)(b))
- Division 2—Tier 2 reserves policy
Part 5—Tier 3 water sharing arrangements
- 11.15 Commencement of Tier 3 water sharing arrangements (Act paragraph 86E(1)(a))
- 11.16 Cessation of Tier 3 water sharing arrangements (Act paragraph 86E(1)(b))
Chapter 12—Water trading rules
Part 1—Preliminary
- 12.01 Simplified outline
- 12.02 Application of Chapter to certain water access rights
- 12.03 Water delivery rights to which this Chapter applies
- 12.04 Reference to a trade to, from or between places
- 12.05 Recovery of loss or damage
Part 2—Restrictions on trade of tradeable water rights
- Division 1—Trade of tradeable water rights
- Division 2—Trade of water delivery rights
Part 3—Information about water delivery rights and irrigation rights
- Division 1—General
  - 12.31 Object of this Part
- Division 2—Water delivery rights to be specified by irrigation infrastructure operators
  - 12.32 Obligation on irrigation infrastructure operator to specify water delivery rights and give notice
  - 12.33 Obligation on irrigation infrastructure operator to give notice if water delivery right is changed
- Division 3—Irrigation rights to be specified by irrigation infrastructure operators
  - 12.34 Obligation on irrigation infrastructure operator to specify irrigation rights and give notice
  - 12.35 Obligation on irrigation infrastructure operator to give notice if irrigation right is changed
Part 4—Approval processes for trade of water access rights
- Division 1—General
  - 12.36 Object of this Part
- Division 2—Approval authority’s other activities
Part 5—Information and reporting requirements
- Division 1—General
  - 12.40 Object of this Part
  - 12.41 Authority to publish information it is given under this Part
- Division 2—Information about water access rights
- Division 3—Trading rules to be made available
- Division 4—Trading prices to be made available
  - 12.48 Price of trade to be reported
- Division 5—Information to be made available
Chapter 13—Program for monitoring and evaluating the effectiveness of the Basin Plan
Part 1—Preliminary
- 13.01 Simplified outline
- 13.02 Personal information not required
Part 2—Principles to be applied
- 13.03 Principles of responsibility for monitoring and evaluating the effectiveness of the Basin Plan
- 13.04 Other principles to be applied in monitoring and evaluating the effectiveness of the Basin Plan
Part 3—Evaluations, reviews, audits and assessments
- Division 1—Evaluation of Basin Plan
  - 13.05 Purpose of evaluation
  - 13.06 Key evaluation questions
- Division 2—Reviews of water quality targets and environmental watering plan
- Division 3—Audits
  - 13.10 Audits
- Division 4—Assessments of Basin condition
  - 13.11 Periodic assessments of Basin condition
- Division 5—Evaluations, reviews and audits to inform changes to, and implementation of, Basin Plan
  - 13.12 Evaluations, reviews and audits to inform changes to, and implementation of, Basin Plan
Part 4—Reporting requirements
- 13.13 Definitions
- 13.14 Reporting requirements for Basin States, the Department etc
- 13.15 Agreements in relation to reporting requirements
- 13.16 Guidelines for reporting requirements
Part 5—Publication of information
- 13.17 Publication of monitoring information
- 13.18 Publication of evaluation findings and recommendations
- 13.19 Publication of findings and recommendations arising from reviews
- 13.20 Publication of audit reports
- 13.21 Publication of findings of assessments
- 13.22 Publication of reports produced under Part 4
Part 6—Improving monitoring, evaluation and reporting capabilities
- 13.23 Improving monitoring, evaluation and reporting capabilities
Schedule 1—Basin water resources and the context for their use
Schedule 2—Matters relating to surface water SDL resource units
Schedule 3—BDLs for surface water SDL resource units
Schedule 4—Matters relating to groundwater SDL resource units
Schedule 5—Enhanced environmental outcomes referred to in paragraph 7.09(e)
Schedule 6—Default method for calculation of supply contribution
Part 1—Description
- S6.01 Simplified outline
Part 2—Method
- S6.02 Benchmark model
- S6.03 Indicator sites and regions that are to be used
- S6.04 Things that are to be measured or assessed
- S6.05 Ecological elements of the scoring method
- S6.06 How the method is to be applied
- S6.07 Limits of changes in score or outcomes
Schedule 6A—Calculation of SDL adjustment amounts
Part 1—Preliminary
- S6A.01 Simplified outline of this Schedule
- S6A.02 Interpretation
- S6A.03 Proposed plan area limits and proposed Basin limit
Part 2—Calculation of SDL adjustment amount
- S6A.04 Net effect of the total supply contribution and the total efficiency contribution
- S6A.05 Calculation of SDL adjustment amounts—net effect greater than 543 GL per year
- S6A.06 Calculation of SDL adjustment amounts—net effect less than or equal to 543 GL per year
Schedule 7—Targets to measure progress towards objectives
Schedule 8—Criteria for identifying an environmental asset
Schedule 9—Criteria for identifying an ecosystem function
Schedule 10—Key causes of water quality degradation
Schedule 11—Target values for target application zones
Schedule 12—Matters for evaluation and reporting requirements
Endnotes
- Endnote 1—About the endnotes
- Endnote 2—Abbreviation key
- Endnote 3—Legislation history
- Endnote 4—Amendment history

Federal Register of Legislation

Annual survey

Basin Plan 2012

Annual survey

Basin Plan 2012

Legislation text