Basin Plan 2012

made under subparagraph 44(3)(b)(i) of the

Water Act 2007

Compilation No. 7

Compilation date:   1 January 2020

Includes amendments up to: F2018L00982

Registered:    24 January 2020

About this compilation

This compilation

This is a compilation of the Basin Plan 2012 that shows the text of the law as amended and in force on 1 January 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Acknowledgement of the Traditional Owners of the Murray-Darling Basin

The Murray-Darling Basin Authority acknowledges and pays its respect to the Traditional Owners and their Nations of the Murray-Darling Basin. The contributions of earlier generations, including the Elders, who have fought for their rights in natural resource management are also valued and respected.

The Authority recognises and acknowledges that the Traditional Owners and their Nations in the Murray-Darling Basin have a deep cultural, social, environmental, spiritual and economic connection to their lands and waters. The Authority understands the need for recognition of Traditional Owner knowledge and cultural values in natural resource management associated with the Basin. Further research is required to assist in understanding and providing for cultural flows. The Authority supports the belief of the Northern Murray-Darling Basin Aboriginal Nations and the Murray Lower Darling Rivers Indigenous Nations that cultural flows will provide beneficial outcomes for Traditional Owners.

The approach of Traditional Owners to caring for the natural landscape, including water, can be expressed in the words of Ngarrindjeri elder Tom Trevorrow: “our traditional management plan was don’t be greedy, don’t take any more than you need and respect everything around you. That’s the management plan—it’s such a simple management plan, but so hard for people to carry out.”[1]

This traditional philosophy is widely held by Traditional Owners and respected and supported by the Murray-Darling Basin Authority.

Contents

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

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

6.04 Long-term average sustainable diversion limits

6.05 SDL resource unit shared reduction amount

6.05A       SDL adjustment amount

6.06 Reviews of the Basin Plan

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

6.09 Method for determining compliance with long-term annual diversion limit—surface water

6.10 Step 1—Calculation of annual permitted take and annual actual take

6.11 Step 2—Record difference between annual actual take and annual permitted take

6.12 Step 3—Determine whether there is non-compliance

Division 3—Method for determining compliance—groundwater

6.12A Method for determining compliance with long-term annual diversion limit—groundwater

6.12B Step 1—Calculation of annual permitted take and annual actual take

6.12C Step 2—Determine whether there is non-compliance

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

7.14 Preliminary

7.14A Shared reduction amounts to be applied in determining adjustments

7.15 Contribution to adjustments from supply measures

7.16 Contribution to adjustments from efficiency measures

7.17 Ensuring that criteria for amounts of adjustments are satisfied

7.18 Apportionment of supply contribution to affected units

7.19 Overall limitation on size of adjustment amounts

7.20 Final determination of amounts in 2017

7.21 Final determination of amounts in 2024

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

8.10 Outline of this Part

8.11 Objectives of environmental management framework

8.12 Interpretation

Division 2—Basin-wide environmental watering strategy

8.13 Obligation to prepare Basin-wide environmental watering strategy

8.14 Content of the Basin-wide environmental watering strategy

8.15 Preparation of Basin-wide environmental watering strategy

8.16 Publication of Basin-wide environmental watering strategy

8.17 Review and update of Basin-wide environmental watering strategy

Division 3—Long-term watering plans

8.18 Obligation to prepare long-term watering plans

8.19 Content of long-term watering plans

8.20 Preparation of long-term watering plans

8.21 Provision and publication of long-term watering plans

8.22 Review and update of long-term watering plans

Division 4—Annual environmental watering priorities

8.23 Obligation to identify annual environmental watering priorities

8.24 Content of annual environmental watering priorities

8.25 Preparation of annual environmental watering priorities

8.26 Provision of annual environmental watering priorities

Division 5—Basin annual environmental watering priorities

8.27 Obligation to prepare Basin annual environmental watering priorities

8.28 Content of Basin annual environmental watering priorities

8.29 Preparation of Basin annual environmental watering priorities

8.30 Publication of Basin annual environmental watering priorities

8.31 Review and update of Basin annual environmental watering priorities

Division 6—Principles to be applied in environmental watering

Subdivision A—Principles to be applied in environmental watering

8.32 Outline of Subdivision

8.33 Principle 1—Basin annual environmental watering priorities

8.34 Principle 2—Consistency with the objectives in Part 2

8.35 Principle 3—Maximising environmental benefits

8.36 Principle 4—Risks

8.37 Principle 5—Cost of environmental watering

8.38 Principle 6—Apply the precautionary principle

8.39 Principle 7—Working effectively with local communities

8.40 Principle 8—Adaptive management

8.41 Principle 9—Relevant international agreements

8.42 Principle 10—Other management and operational practices

8.43 Principle 11—Management of water for consumptive use

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

8.45 Outline of Division

8.46 Planning for the recovery of additional environmental water

8.47 Reporting required where Authority’s recommendations not followed

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

8.52 Outline of Division

8.53 Principle 1—Consistency with principles of ecologically sustainable development and international agreements

8.54 Principle 2—Consistency with objectives

8.55 Principle 3—Flexibility and responsiveness

8.56 Principle 4—Condition of environmental assets and ecosystem functions

8.57 Principle 5—Likely effectiveness and related matters

8.58 Principle 6—Risks and related matters

8.59 Principle 7—Robust and transparent decisions

Division 2—Method to be used to determine priorities

8.60 How to determine priorities for applying environmental water

8.61 Determining the resource availability scenario

8.62 Seasonal, operational and management considerations

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

9.10 Outline of this Part and purpose of targets

9.11 Failing to achieve a target

9.12 Most stringent target applies

9.13 Guidelines

Division 2—Targets for managing water flows

9.14 Targets for managing water flows

Division 3—Water quality targets for water resource plans

9.15 Purpose of Division

9.16 Water quality targets for fresh water-dependent ecosystems

9.17 Water quality targets for irrigation water

9.18 Water quality targets for recreational water

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

10.10 Annual determinations of water permitted to be taken

10.11 Rules for take, including water allocation rules

10.12 Matters relating to accounting for water

10.13 Limits on certain forms of take

10.14 Effects, and potential effects, on water resources of the water resource plan area

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

10.18 Priority environmental assets dependent on groundwater

10.19 Groundwater and surface water connections

10.20 Productive base of groundwater

10.21 Additional requirements for Western Porous Rock, Gunnedah-Oxley Basin MDB, Sydney Basin MDB and Goulburn-Murray: Sedimentary Plain SDL resource units

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

10.30 WQM Plan to identify key causes of water quality degradation

10.31 Measures addressing risks arising from water quality degradation

10.32 WQM Plan to identify water quality target values

10.33 WQM Plan to identify measures

10.34 WQM Plan to identify locations of targets for irrigation water

10.35 Impact of WQM Plan on another Basin State

Division 3—Groundwater

10.35A WQM Plan to identify key causes of water quality degradation

10.35B WQM Plan to identify water quality target values

10.35C Consideration to be given to rules or measures

10.35D Additional requirement for Western Porous Rock, Gunnedah-Oxley Basin MDB, Sydney Basin MDB and Goulburn-Murray: Sedimentary Plain SDL resource units

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

11.11 Reserves policy (Act paragraph 86D(1)(c))

11.12 Meeting the annual shortfall in conveyance water

11.13 Application of the conveyance reserve provisions of the Agreement

11.14 Arrangements for carrying water over in storage

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

Subdivision A—All water resources—right to trade free of certain restrictions

12.06 Separate rights

12.07 Class of persons

12.08 Purpose for which water is used

12.09 Take and use of water after a trade

12.10 Use outside Murray-Darling Basin

12.11 Trade of water allocation which has been carried over

12.12 Access to carryover for traded water access rights

12.13 Overallocation

12.14 Level of use of water access right

12.15 Trade must not be made conditional on water delivery right

Subdivision B—Additional rules relating to surface water

12.16 Free trade of surface water

12.18 Restrictions allowable for physical or environmental reasons

12.19 Basin States to notify the Authority of restrictions

12.20 Basin State may request Authority to make declaration

12.21 Exchange rates not to be used in a regulated system

12.22 Authority may permit exchange rates in limited circumstances

12.23 Restrictions on delivery of water under a tagged water access entitlement established on or after 22 October 2010

Subdivision C—Additional rules relating to groundwater

12.24 Trade within a groundwater SDL resource unit

12.25 Trade between groundwater SDL resource units

12.26 Trade between groundwater and surface water

Subdivision D—Miscellaneous

12.27 Restrictions allowable for breaches of State water management law

Division 2—Trade of water delivery rights

12.28 No unreasonable restriction of trade of water delivery rights

12.29 When restriction of trade is reasonable

12.30 Irrigation infrastructure operator must give reasons for restricting trade of water delivery right

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

12.37 Approval authority must disclose interest before trade occurs

12.38 Approval authority must disclose if it has been a party to a trade

12.39 Approval authority to give reasons for restricting trade

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

12.42 Water access rights to which this Division applies

12.43 Information about water access rights to be made available

12.44 Types of information about water access rights

Division 3—Trading rules to be made available

12.45 Interpretation

12.46 Basin State must make trading rules available

12.47 Irrigation infrastructure operator must make trading rules available

Division 4—Trading prices to be made available

12.48 Price of trade to be reported

Division 5—Information to be made available

12.49 Interpretation

12.50 Water announcements must be made generally available

12.51 Person not to trade if aware of water announcement before it is made generally available

12.52 Chinese wall arrangements for agencies

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, environmental watering plan and social and economic impacts

13.07 Purpose of reviews

13.08 Reviews of the water quality and salinity management plan targets

13.09 Reviews of the environmental watering plan

13.09A  Reviews of the social and economic impacts of the Basin 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

Chapter 1—Introduction

Part 1—Preliminary

1.01 Name of instrument

This instrument is the Basin Plan 2012.

1.02 Making and effect of Basin Plan

(1) The Basin Plan is made under Part 2 of the Act.

(2) The Basin Plan has the effect provided for in sections 34, 35, 36, 37, 86G and 86H of the Act.

1.03 Application of Basin Plan

The Basin Plan applies to Basin water resources.

Note: See section 4 of the Act for the meaning of Basin water resources.

Part 2—Structure of the Basin Plan

1.05 Simplified outline

(1) The following table provides a summary of the Basin Plan:

(2) Most Chapters are divided into Parts, Divisions and Subdivisions within the Chapter and these are made up of sections.

(3) Each section is numbered with the number before the decimal point referring to the Chapter number (for example, section 5.04 is the fourth section in Chapter 5).

Part 3—Interpretation

1.06 Where terms are defined

Many terms used in the Basin Plan have special meanings. Some are defined in the Act, and have the same meaning in the Basin Plan unless it provides otherwise. See also the list of definitions in section 1.07.

Note: See section 13 of the Legislative Instruments Act 2003.

1.07 Definitions

(1) In the Basin Plan:

Act means the Water Act 2007.

adaptive management is taken to include the following steps:

(a) setting clear objectives;

(b) linking knowledge (including local knowledge), management, evaluation and feedback over a period of time;

(c) identifying and testing uncertainties;

(d) using management as a tool to learn about the relevant system and change its management;

(e) improving knowledge;

(f) having regard to the social, economic and technical aspects of management.

advance means an advance determined by the Authority in accordance with clause 102C of the Agreement or clause 7 of Schedule H to the Agreement.

Note: Some provisions of the Basin Plan refer explicitly to only one of these 2 kinds of advances.

ADWG means the Australian Drinking Water Guidelines published by the National Health and Medical Research Council and the Natural Resource Management Ministerial Council in 2011.

Agreement means the Murray‑Darling Basin Agreement, as amended from time to time in accordance with that agreement and as set out in Schedule 1 to the Act.

Note: This is the same as the definition in section 18A of the Act. Other terms used in the Act have the same meaning in the Basin Plan unless the Basin Plan otherwise provides: see section 1.06.

allocation announcement means an announcement specifying the volume of water allocated to water access entitlements.

Note: An announcement could increase, decrease or leave unchanged the quantity of water allocated.

annual actual take:

(a) for a surface water SDL resource unit, has the meaning given by section 6.10; and

(b) for a groundwater SDL resource unit, has the meaning given by section 6.12B.

annual environmental watering priorities has the meaning given by section 8.23.

annual permitted take:

(a) for a surface water SDL resource unit, has the meaning given by section 6.10; and

(b) for a groundwater SDL resource unit, has the meaning given by section 6.12B.

ANZECC Guidelines means the Australian and New Zealand Guidelines for Fresh and Marine Water Quality published by the Australian and New Zealand Environment and Conservation Council and the Agriculture and Resource Management Council of Australia and New Zealand in 2000.

apportioned supply contribution has the meaning given by subsection S6A.02(1) of Schedule 6A.

approval authority, in relation to the proposed trade of a water access right, means a person whose approval is required under State water management law for the trade to proceed.

asset class means a class of environmental asset.

Example:  Floodplain, riparian forest or billabong.

basic right means any of the following:

(a) a right under State water management law to take water for domestic or stock purposes;

(b) a harvestable right under the Water Management Act 2000 of New South Wales;

(c) a native title right.

Basin annual environmental watering priorities has the meaning given by section 8.27.

Basin-wide environmental watering strategy has the meaning given by section 8.13.

BDL (baseline diversion limit) means the baseline limit of take from an SDL resource unit. This baseline limit is:

(a) for a surface water SDL resource unit—the quantity of water calculated in accordance with column 2 of the table in Schedule 3 for that SDL resource unit; and

(b) for a groundwater SDL resource unit—the quantity of water specified in column 3 of the table in Schedule 4 for that SDL resource unit.

carryover announcement means an announcement made by a Basin State as to when water allocations covered by a carryover arrangement may be taken.

carryover arrangement means an arrangement which allows a water access right holder to retain water allocations not taken in a water accounting period for possible take in the next water accounting period.

commercial plantation means an area of land on which perennial woody plants are planted primarily for commercial purposes (other than the production of food).

Note: Some examples of commercial purposes are the production of timber, woodchip, oil or biofuel, or the commercial exploitation of the carbon sequestration capacity of the plants.

conveyance reserve has the meaning given by clause 2 of the Agreement.

current efficiency contribution has the meaning given by subsection S6A.02(1) of Schedule 6A.

data includes metadata.

deep drainage means the volume of water that moves below the root zone, whether or not the water enters the saturated zone and becomes recharge to the groundwater system.

Department means the Commonwealth Department of Sustainability, Environment, Water, Population and Communities.

de-watering means controlling or lowering the level of groundwater within an aquifer.

EC means electrical conductivity, expressed in microsiemens per centimetre (µS/cm).

ecological objective means an objective for the protection, and if necessary restoration, of a priority environmental asset or priority ecosystem function.

ecological target means a target that must be met in order to achieve an ecological objective.

environmental assets and ecosystem functions database has the meaning given by section 8.48.

environmental water recovery recommendations has the meaning given by section 8.46.

environmental watering requirements means the environmental watering requirements of a priority environmental asset or priority ecosystem function, as the case may be, identified using the methods set out in Part 5 of Chapter 8.

floodplain harvesting means the taking of water from a floodplain, including after it leaves a watercourse during a flood.

form of take means any of the following forms of take:

(a) take from a watercourse;

(b) take from a regulated river;

(c) take by floodplain harvesting;

(d) take by runoff dams;

(e) net take by commercial plantations;

(f) take from groundwater;

(g) take under basic rights.

generally available: information is generally available if it has been published in a manner that will, or will be likely to, bring it to the attention of interested members of the public.

groundwater means:

(a) water occurring naturally below ground level (whether in an aquifer or otherwise); or

(b) water occurring at a place below ground that has been pumped, diverted or released to that place for the purpose of being stored there;

but does not include water held in underground tanks, pipes or other works.

groundwater resource means a Basin water resource consisting of:

(a) groundwater; or

(b) an aquifer (whether or not it has water in it).

groundwater SDL resource unit has the meaning given by section 6.03.

Guidelines for Managing Risks in Recreational Water means the Guidelines for Managing Risks in Recreational Water published by the National Health and Medical Research Council in 2008.

historical climate conditions means the climatic conditions for the period July 1895 to June 2009 represented by the best available records of hydrological and meteorological information for that period.

hydraulic connectivity means the ease with which, or the rate at which, groundwater moves:

(a) within an aquifer; or

(b) between aquifers; or

(c) between aquifers and the adjacent or overlying surface water system.

hydrologic connections and water supply considerations has the meaning given by section 12.18.

Indigenous uses has the meaning given by section 10.52.

Indigenous values has the meaning given by section 10.52.

listed threatened ecological community has the meaning given by section 528 of the Environment Protection and Biodiversity Conservation Act 1999.

listed threatened species has the meaning given by section 528 of the Environment Protection and Biodiversity Conservation Act 1999.

local reduction amount, for an SDL resource unit, means:

(a) the quantity of water identified in column 2 of Schedule 2 as the local reduction amount for the unit; or

(b) if no quantity is identified—zero.

location-related right has the meaning given by section 12.06.

long-term watering plan has the meaning given by section 8.18.

major storages has the meaning given by clause 2 of the Agreement.

MDBA Technical Report 2010/20 means the Murray-Darling Basin Authority Technical Report 2010/20 titled Water Resource Assessments for Without Development and Baseline Conditions Version 2 published by the Authority in November 2011.

MDBA Technical Report 2011/01 means the Murray-Darling Basin Authority Technical Report 2011/01 titled Comparison of Watercourse Diversion Estimates in the Proposed Basin Plan with other Published Estimates Version 2 published by the Authority in November 2011.

native title right has the meaning given by section 223 of the Native Title Act 1993.

natural monthly water temperature means the natural monthly water temperature that is estimated either through modelling or through the actual measurement of temperature at representative undisturbed locations.

net effect has the meaning given by subsection S6A.04(2) of Schedule 6A.

net take, in the context of a commercial plantation, means the difference between the take by a commercial plantation and the take by the vegetation existing at the site of the plantation before the plantation commenced.

NTU means a nephelometric turbidity unit.

overturn means the remixing of a stratified water body.

physical constraint means a natural formation or a physical structure (for example, a pipe or channel) that limits the volume of water that can pass a given location.

priority ecosystem function has the meaning given by section 8.50.

priority environmental asset has the meaning given by section 8.49.

raw water means water in its natural state prior to any treatment.

recharge means the inflow of water, including precipitation, to a groundwater resource.

reconfiguration or decommissioning work has the meaning given by section 12.29.

recovery of environmental water means the acquisition of a water access right for the purpose of achieving an environmental outcome.

reduced supply contribution has the meaning given by subsection S6A.05(3) of Schedule 6A.

register of take means the register of take referred to in section 6.08.

regulated river means:

(a) in New South Wales—a river that has been declared in accordance with the Water Management Act 2000 of New South Wales to be a regulated river before the commencement of the Basin Plan;

(b) in Victoria—a river where the flow is regulated through the operation of large dams or large weirs.

regulated system means a surface water system in which water in a watercourse can be stored or flow levels can be controlled, through the use of structures such as large dams or large weirs.

related party, in relation to an approval authority, means:

(a) an entity in which the approval authority has a controlling interest; or

(b) a natural person who is acting on behalf of the approval authority in return for a commission or fee.

resource availability scenario has the meaning given by section 8.61.

restrict, in relation to trade, includes refuse, prevent, deter, delay or impose a condition or a barrier (including a volumetric limit) on, and restriction has a corresponding meaning.

runoff dam means a dam or reservoir that collects surface water flowing over land.

Note: In New South Wales, a runoff dam may also collect water from a first- or second-order stream.

SDL means the long-term average sustainable diversion limit.

SDL adjustment amount, for a particular surface water SDL resource unit and for a particular water accounting period, has the meaning given by section 6.05A.

Note: See section 7.10 of the Basin Plan.

SDL resource unit means the water resources, or particular parts of the water resources, of a water resource plan area that is either a surface water SDL resource unit or groundwater SDL resource unit.

SDL resource unit shared reduction amount has the meaning given by section 6.05.

shortfall in conveyance water means the shortfall calculated in accordance with subsection 86D(2) of the Act.

soil degradation, for the purposes of the objective for irrigation water in section 9.06 and the targets for irrigation water in section 9.17, means reduced permeability and soil structure breakdown caused by the level of sodium in the irrigation water, assessed using the sodium adsorption ratio.

surface water resource means a Basin water resource consisting of:

(a) surface water; or

(b) a watercourse, lake or wetland (whether or not it has water in it).

surface water SDL resource unit has the meaning given by section 6.02.

tagged water access entitlement has the meaning given by section 12.23.

target application zone has the meaning given by section 9.16.

tier of water sharing arrangements means either Tier 1 water sharing arrangements, Tier 2 water sharing arrangements or Tier 3 water sharing arrangements, within the meaning of the Agreement.

total current efficiency contribution has the meaning given by subsection S6A.02(1) of Schedule 6A.

transformation means the transformation of the whole, or a part, of an irrigation right into a water access entitlement in accordance with transformation arrangements.

transformation arrangements means arrangements of the kind referred to in paragraph 97(1)(a) of the Act.

unregulated system means a surface water system that is not a regulated system.

volumetric limit means a limit whose purpose or effect is to cap the total volume of water that may be traded into or out of an area. water accounting period:

(a) other than in Chapter 11—has the meaning given by section 3.08; and

(b) in Chapter 11—has the meaning given by section 11.02.

water announcement has the meaning given by section 12.49.

Water for Rivers means the Joint Government Enterprise Limited, a public company limited by guarantee with the registered business name ‘Water for Rivers’.

water market intermediary means any of the following:

(a) a person who trades tradeable water rights on behalf of another person in exchange for a commission or fee;

(b) a person who investigates tradeable water right trading possibilities on behalf of a potential water market participant for a commission or fee;

(c) a person who prepares documents necessary for the trade of a tradeable water right on behalf of a potential water market participant for a commission or fee;

(d) a person who provides a trading platform or water exchange for tradeable water rights.

water quality includes salinity.

water quality characteristic:

(a) other than in Chapter 11—means a characteristic of water quality for which Part 4 of Chapter 9 sets a target value; and

(b) in Chapter 11—has the meaning given by section 11.02.

water register means a record of water access rights in a Basin State.

water resource assessment means an assessment (including one for the purpose of a determination under clause 102(c) of the Agreement) of the amount of water that will be available:

(a) for distribution to New South Wales, Victoria and South Australia during a particular period; and 

(b) for holding in reserve at the end of the period;

taking into account matters including:

(c) the volume of water held in the major storages; and

(d) estimated water use during the period; and

(e) assumed or forecast inflows during the period.

water supply authority means an infrastructure operator that treats and supplies water for human consumption.

water use approval means an authority to use water on specified land or in a specified watercourse.

Wimmera-Mallee Pipeline Project means the joint water infrastructure project with the name ‘The Wimmera-Mallee Pipeline Project’ undertaken by Grampians Wimmera Mallee Water Corporation and funded by the Commonwealth and Victoria.

works approval means an authority to construct and use water supply works (including pumps, bores and dams).

worst case planning water resource assessment means a water resource assessment taking into account the minimum inflow sequence to the River Murray System.

WQM Plan means a water quality management plan for a water resource plan area made in accordance with Part 7 of Chapter 10.

(2) In the Basin Plan, a reference to trade includes a reference to transfer.

(3) To avoid doubt, trade includes:

(a) a trade that does not involve the payment of consideration; and

(b) a trade between places under which ownership of the right being traded does not change; and

(c) the establishment of a leasing arrangement; and

(d) the establishment of a tagged water access entitlement.

(4) To avoid doubt:

(a) a reference to the commencement of the Basin Plan is a reference to commencement under subsection 1.04(1); and

(b) a reference to the commencement of Chapter 12 is a reference to commencement under subsection 1.04(2).

Note:    A number of provisions of the Basin Plan require decision-makers to ‘have regard to’ certain matters when performing functions and making decisions. The phrases ‘have regard to’ and similar phrases are intended to be interpreted consistent with case law, as it develops from time to time and as applied with appropriate regard to the circumstances. This note is intended to reflect the case law and not to limit its application or development. When a decision‑maker is required to ‘have regard to’ particular matters, it is expected that the decision‑maker will give those matters proper, genuine and realistic consideration, even if not ultimately bound to act in accordance with those matters. A requirement to ‘have regard to’ a particular matter or matters does not mean that the decision-maker cannot have regard to other relevant matters, for example, the benefits and costs of taking a particular action. See section 1.07 of the explanatory statement in relation to the Basin Plan for further information about the phrases ‘have regard to’, ‘having regard to’ and ‘regard must be had’.

1.08 Basin Plan not to be inconsistent with Snowy Water Licence

A provision of the Basin Plan has no effect to the extent to which the provision is inconsistent with the provisions of the licence issued under section 22 of the Snowy Hydro Corporatisation Act 1997 of New South Wales.

1.09 Construction of provisions imposing obligations on States

If:

(a) the Basin Plan purports to impose an obligation on a Basin State to do a particular thing; and

(b) the imposition of that obligation would contravene a constitutional doctrine restricting the obligations that the Commonwealth may impose on a State;

the Basin Plan is taken, instead of imposing the obligation, to confer a discretion on the Basin State to do the thing.

1.10 Reasonable excuse for not producing or providing information etc

If the Basin Plan requires a person or body to produce or provide information, a notice or a document, the person or body need not comply with the requirement if the person or body has a reasonable excuse for non-compliance.

1.11 Avoidance of double counting of forms of take

For the purposes of the Basin Plan, in ascribing a particular quantity of water that is taken to a form of take, the quantity of water must be ascribed to one, and only one, form of take.

Note: It will often be possible to ascribe a quantity of water that is taken under basic rights either to take under basic rights, or to another form of take. In such a case, this section does not stipulate to which form of take the quantity of water should be ascribed. However, some other provisions of the Basin Plan do stipulate this. See for example Schedule 3.

Part 4—Agreements with regard to jurisdictional implementation obligations

1.12 Agreements with regard to jurisdictional implementation obligations

(1) The Authority may enter into an agreement with a Basin State with respect to any implementation obligation the Basin Plan purports to impose onto that Basin State.

(2) The Authority must consult the Commonwealth and other Basin States in relation to such an agreement.

(3) The Authority and a Basin State must use their best endeavours to enter into any such agreement within 2 years after the commencement of the Basin Plan.

(4) Any agreement must be developed having regard to:

(a) any relevant agreement made, or in the process of being made, with another Basin State; and

(b) any relevant circumstances of the Basin State; and

(c) any relevant Commonwealth-State agreements, including funding agreements.

(5) The Authority must publish an agreement under this section on its website.

Note: Entry into an agreement, or a failure to enter into an agreement, does not affect the commencement or operation of the Basin Plan.

Chapter 2—Basin water resources and the context for their use

2.01 Description located in Schedule 1

The description of the Basin water resources and the context in which those resources are used (item 1 of the table in subsection 22(1) of the Act) is set out in Schedule 1.

Chapter 3—Water resource plan areas and water accounting periods

Part 1—Preliminary

3.01 Simplified outline

(1) This section sets out a simplified outline of this Chapter.

(2) Part 2 identifies the particular areas that are to be water resource plan areas (item 2 of the table in subsection 22(1) of the Act).

Note:  A map of the water resource plan areas can be obtained from the Authority’s website.

(3) Part 3 identifies the periods that are to be the water accounting periods for each of those water resource plan areas (item 2 of the table in subsection 22(1) of the Act).

3.02 Time at which area becomes water resource plan area

An area identified in Part 2 as a water resource plan area becomes a water resource plan area on the commencement of the Basin Plan.

3.03 Datasets for identification of water resource plan areas

(1) A reference in section 3.05 to an area of a particular name is a reference to the area within the polygon of that name specified in the dataset that:

(a) is titled Murray-Darling Basin Water Resource Plan Areas—Surface Water; and

(b) has a dataset scale of 1:250,000; and

(c) is held by the Authority on 14 November 2017.

(2) A reference in section 3.06 to an area of a particular name is a reference to the area within the polygon of that name specified in the dataset that:

(a) is titled Murray-Darling Basin Water Resource Plan Areas—Groundwater; and

(b) has a dataset scale of 1:250,000; and

(c) is held by the Authority on 14 November 2017.

(3) A reference in section 3.07 to an area of a particular name is a reference to the area within the polygon of that name specified in both the datasets mentioned in subsections (1) and (2).

(4) The Authority must publish on its website a map that:

(a) identifies each water resource plan area; and

(b) is prepared using the relevant dataset mentioned in this section.

3.04 Flexibility relating to boundaries of water resource plans

If a segment of the boundary of a water resource plan area, as specified in a dataset mentioned in section 3.03, is also the boundary of the Murray-Darling Basin, the water resource plan for the area may specify a different course for that segment within the Murray-Darling Basin, provided that the changed boundary:

(a) meets the requirements of item 2 of the table in subsection 22(1) of the Act; and

(b) does not result in a material change in the water resources to which the water resource plan area applies.

Part 2—Water resource plan areas

3.05 Water resource plan areas—surface water

Note: See section 1.07 for the meaning of surface water resource.

Each of the following named areas is a water resource plan area that applies to the surface water resources indicated:

(a) Australian Capital Territory (surface water)—all surface water resources in the area;

(b) Barwon-Darling Watercourse—all surface water resources in the area;

(c) New South Wales Border Rivers—all surface water resources in the area;

(d) Northern Victoria—all surface water resources in the area;

(e) Gwydir—all surface water resources in the area;

(f) Intersecting Streams—all surface water resources in the area;

(g) Lachlan—all surface water resources in the area;

(h) Macquarie-Castlereagh—all surface water resources in the area;

(i) Murrumbidgee—all surface water resources in the area;

(j) New South Wales Murray and Lower Darling—all surface water resources in the area;

(k) Namoi—all surface water resources in the area;

(l) South Australian River Murray—all surface water resources in the area;

(m) Victorian Murray—all surface water resources in the area;

(n) Wimmera-Mallee (surface water)—all surface water resources in the area.

3.06 Water resource plan areas—groundwater

Note: See section 1.07 for the meaning of groundwater resource.

Each of the following named areas is a water resource plan area that applies to the groundwater resources indicated:

(a) Australian Capital Territory (groundwater)—all groundwater resources beneath the area;

(b) NSW Border Rivers Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (f) and (i);

(c) Darling Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d), (f) and (i);

(d) NSW Murray-Darling Basin Porous Rock—all groundwater resources beneath the area, excluding those referred to in paragraphs (c), (f), (g), (i), (j), (k), (l) and (m);

(e) Goulburn-Murray—all groundwater resources beneath the area;

(f) NSW Great Artesian Basin Shallow—all groundwater resources beneath the area, excluding those referred to in paragraphs (b), (c), (d), (g), (i), (j) and (m);

(g) Gwydir Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d), (f) and (i);

(h) Lachlan Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraph (i);

(i) NSW Murray-Darling Basin Fractured Rock—all groundwater resources beneath the area, excluding those referred to in paragraphs (b), (c), (d), (f), (g), (h), (j), (k), (l) and (m);

(j) Macquarie-Castlereagh Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d), (f) and (i);

(k) Murray Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d) and (i);

(l) Murrumbidgee Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d) and (i);

(m) Namoi Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d), (f) and (i);

(n) Wimmera-Mallee (groundwater)—all groundwater resources beneath the area.

Note: Schedule 4 lists the groundwater SDL resource units in each water resource plan area.

3.07 Water resource plan areas—surface water and groundwater

Each of the following named areas is a water resource plan area that applies to the surface water resources and groundwater resources indicated:

(a) Warrego-Paroo-Nebine—the following:

(i) all surface water resources in the area;

(ii) all groundwater resources beneath the area that are above the Great Artesian Basin;

(b) Condamine-Balonne—the following:

(i) all surface water resources in the area;

(ii) all groundwater resources beneath the area that are above the Great Artesian Basin;

(iii) all groundwater resources in the Queensland Murray‑Darling Basin below the Great Artesian Basin;

(c) Queensland Border Rivers-Moonie—the following:

(i) all surface water resources in the area;

(ii) all groundwater resources beneath the area that are above the Great Artesian Basin;

(e) South Australian Murray Region—the following:

(i) all surface water resources in the area, excluding those in the South Australian River Murray (paragraph 3.05(l));

(ii) all groundwater resources beneath the area;

(f) Eastern Mount Lofty Ranges—the following:

(i) all surface water resources in the area;

(ii) all groundwater resources beneath the area.

Note: Schedule 4 lists the groundwater SDL resource units in each water resource plan area.

Part 3—Water accounting periods

3.08 Water accounting period for each water resource plan area

The water accounting period for each water resource plan area is a financial year.

Note: In Chapter 11, water accounting period means a period of 12 months beginning on 1 June of any year (see section 11.02).

Chapter 4—Identification and management of risks to Basin water resources

Part 1—Preliminary

4.01 Simplified outline

(1) This section sets out a simplified outline of this Chapter.

(2) This Chapter identifies:

(a) risks to the condition, or continued availability, of Basin water resources (item 3 of the table in subsection 22(1) of the Act); and

(b) strategies to manage, or address, those risks (item 5 of the table in subsection 22(1) of the Act).

Part 2—Risks and strategies to address risks

4.02 Risks to condition, or continued availability, of Basin water resources, and consequential risks

(1) The risks to the condition, or continued availability, of Basin water resources, including the risks to the availability of Basin water resources that arise from the matters specified in item 3 of the table in subsection 22(1) of the Act are:

(a) insufficient water available for the environment; and

(b) water being of a quality unsuitable for use; and

(c) poor health of water-dependent ecosystems.

(2) The consequences of the materialisation of the risks identified in subsection (1) include:

(a) that insufficient water is available, or water is not suitable for consumptive and other economic uses of Basin water resources; and

(b) that insufficient water is available, or water is not suitable to maintain social, cultural, Indigenous and other public benefit values.

4.03 Strategies to manage, or address, identified risks

(1) This section sets out the strategies to manage, or address, the risks identified in section 4.02.

Note: Water resource plans must be prepared having regard to the strategies (see subsection 10.43(3)).

(2) The Authority must have regard to the strategies when undertaking its functions.

(3) The strategies are the following:

(a) to implement the Basin Plan, including its following key elements:

(i) the environmental watering plan;

(ii) the water quality and salinity management plan;

(iii) the water trading rules;

(iv) water resource planning;

(b) to develop water resource plans and amendments to the Basin Plan based on best available knowledge and in consultation with relevant stakeholders;

(c) to promote a risk-based approach to water resource planning and management;

(d) to manage flows to optimise outcomes across the range of water uses in the Murray-Darling Basin;

(e) to ensure effective monitoring and evaluation of the implementation of the Basin Plan;

(f) to promote and enforce compliance with the Basin Plan and water resource plans;

(g) to improve knowledge of water requirements within the Murray-Darling Basin, including the following:

(i) environmental watering requirements;

(ii) requirements relating to the social, spiritual and cultural uses of Basin water resources by Indigenous people;

(iii) the impact of climate change on water requirements;

(iv) the water required to deliver social and economic benefits to Basin communities;

(h) to improve knowledge of the impact on Basin water resources of the following:

(i) interception activities and land use change;

(ii) floodplain harvesting and peri-urban and industrial take;

(iii) climate change;

(i) to improve knowledge of:

(i) groundwater and surface water resources, including through improved measurement; and

(ii) the causes of water quality degradation and the effects of water quality on environmental assets and ecosystem functions.

4.04 Authority may publish guidelines

(1) The Authority may publish guidelines setting out specific actions that may be taken in relation to the implementation of the strategies listed in subsection 4.03(3).

(2) The guidelines may be reviewed and, if necessary, updated at any time.

(3) The guidelines must be made having regard to AS/NZS ISO 31000:2009 Risk Management—Principles and Guidelines.

Note: Water resource plans must be prepared having regard to any guidelines published in accordance with this section (see subsection 10.43(3)).

Chapter 5—Management objectives and outcomes to be achieved by Basin Plan

5.01 Simplified outline

(1) This section sets out a simplified outline of this Chapter.

(2) This Chapter sets out the management objectives and outcomes to be achieved by the Basin Plan (item 4 of the table in subsection 22(1) of the Act).

(3) The management objectives and outcomes include objectives and outcomes:

(a) for the Basin Plan as a whole; and

(b) in relation to environmental outcomes; and

(c) in relation to water quality and salinity; and

(d) in relation to the long-term average sustainable diversion limits; and

(e) in relation to trading in the water market.

Note: The temporary diversion provision for each SDL resource unit is zero—see section 6.07. Accordingly, there are no objectives or outcomes in relation to the temporary diversion provision.

5.02 Objectives and outcome for Basin Plan as a whole

(1) The objectives for the Basin Plan as a whole are:

(a) to give effect to relevant international agreements through the integrated management of Basin water resources; and

(b) to establish a sustainable and long‑term adaptive management framework for the Basin water resources, that takes into account the broader management of natural resources in the Murray-Darling Basin; and

(c) to optimise social, economic and environmental outcomes arising from the use of Basin water resources in the national interest; and

(d) to improve water security for all uses of Basin water resources.

(2) The outcome for the Basin Plan as a whole is a healthy and working Murray‑Darling Basin that includes:

(a) communities with sufficient and reliable water supplies that are fit for a range of intended purposes, including domestic, recreational and cultural use; and

(b) productive and resilient water-dependent industries, and communities with confidence in their long‑term future; and

(c) healthy and resilient ecosystems with rivers and creeks regularly connected to their floodplains and, ultimately, the ocean.

5.03 Objectives and outcome in relation to environmental outcomes

(1) The objectives in relation to environmental outcomes are, within the context of a working Murray-Darling Basin:

(a) to protect and restore water-dependent ecosystems of the Murray-Darling Basin; and

(b) to protect and restore the ecosystem functions of water‑dependent ecosystems; and

(c) to ensure that water‑dependent ecosystems are resilient to climate change and other risks and threats; and

(d) to ensure that environmental watering is co-ordinated between managers of planned environmental water, owners and managers of environmental assets, and holders of held environmental water.

Note 1:  The fact that water storages and property (including floodplains) are under the control of various persons currently restricts the capacity to actively manage all water-dependent ecosystems.

Note 2: Particular objectives relating to each of the objectives in paragraphs (1)(a) to (c) are specified in Part 2 of Chapter 8.

(2) The outcome in relation to subsection (1) is the restoration and protection of water-dependent ecosystems and ecosystem functions in the Murray-Darling Basin with strengthened resilience to a changing climate.

5.04 Objective and outcome in relation to water quality and salinity

(1) The objective in relation to water quality and salinity is to maintain appropriate water quality, including salinity levels, for environmental, social, cultural and economic activity in the Murray-Darling Basin.

Note: See also the water quality objectives for Basin water resources in Part 3 of Chapter 9.

(2) The outcome in relation to water quality and salinity is that Basin water resources remain fit for purpose.

5.05 Objective and outcomes in relation to long-term average sustainable diversion limits

(1) The objective in relation to long-term average sustainable diversion limits is to establish environmentally sustainable limits on the quantities of surface water and groundwater that can be taken for consumptive use from Basin water resources, having regard to social and economic impacts, and in doing so:

(a) inform environmental water recovery measures, including water purchasing and infrastructure that improves water use efficiency; and

(b) provide greater certainty for all water users, including in times of drought and low water availability; and

(c) provide time for water access entitlement holders and communities to transition and adjust to long-term average sustainable diversion limits.

(2) The outcomes in relation to the establishment of long‑term average sustainable diversion limits are:

(a) the restoration and protection of water‑dependent ecosystems and ecosystem functions in the Murray‑Darling Basin; and

(b) well-informed water recovery measures, including water purchasing and infrastructure, enable a transition to long-term average sustainable diversion limits; and

(c) greater certainty of access to Basin water resources; and

(d) water access entitlement holders and communities of the Murray-Darling Basin are better adapted to reduced quantities of available water.

5.06 Objective and outcome for operation of the SDL adjustment mechanism

(1) The objective in relation to the operation of the SDL adjustment mechanism is to adjust SDLs in a way that increases environmental outcomes while maintaining or improving social and economic outcomes.

Note Particular objectives relating to different kinds of measures are specified in Part 2 of Chapter 7.

(2) The outcome in relation to the operation of the SDL adjustment mechanism is a healthy and working Murray‑Darling Basin that includes the outcomes specified in subsection 5.02(2).

5.07 Objectives and outcome in relation to trading in the water market

(1) The objectives for trading in the water market are:

(a) to facilitate the operation of efficient water markets and the opportunities for trading, within and between Basin States, where water resources are physically shared or hydrologic connections and water supply considerations will permit water trading; and

(b) to minimise transaction cost on water trades, including through good information flows in the market and compatible entitlement, registry, regulatory and other arrangements across jurisdictions; and

(c) to enable the appropriate mix of water products to develop based on water access entitlements which can be traded either in whole or in part, and either temporarily or permanently, or through lease arrangements or other trading options that may evolve over time; and

(d) to recognise and protect the needs of the environment; and

(e) to provide appropriate protection of third-party interests.

(2) The outcome for trading in the water market is the creation of a more efficient and effective market that:

(a) facilitates water reaching its most productive use; and

(b) enhances the productivity and growth of water‑dependent industries; and

(c) enables water‑dependent industries to:

(i) better manage through extreme events under current climate variability; and

(ii) strengthen their capacity to adapt to future climate change.

Chapter 6—Water that can be taken

Part 1—Preliminary

6.01 Simplified outline

(1) This section sets out a simplified outline of this Chapter.

(2) This Chapter deals with the matters set out in items 6, 7 and 8 of the table in subsection 22(1) and Division 4 of Part 2 of the Act. Those matters are:

(a) the long-term average sustainable diversion limits (SDLs) (Part 2); and

(b) the temporary diversion provision (Part 3); and

(c) the method for determining compliance with the long-term annual diversion limit (Part 4); and

(d) allocation of risks in relation to reductions in diversion limits (Part 5); and

(e) risks arising from other changes to the Basin Plan (Part 5).

Note: See Chapter 7 for adjustments to the long-term average sustainable diversion limits.

Part 2—Long-term average sustainable diversion limits

Division 1—Identification of SDL resource units

6.02 Identification of surface water SDL resource units

(1) A surface water SDL resource unit referred to in column 1 of the table in Schedule 2 consists of all surface water resources within the area described by the polygon of the same name contained in the dataset that:

(a) is titled Surface Water SDL Resource Units; and

(b) has a dataset scale of 1:250,000; and

(c) is held by the Authority on 14 November 2017.

Note: See subsection 6.04(3) for the long-term average sustainable diversion limits that apply to each surface water SDL resource unit.

(2) The Authority must publish on its website a map that:

(a) identifies each surface water SDL resource unit; and

(b) is prepared using the dataset referred to in subsection (1).

6.03 Identification of groundwater SDL resource units

(1) A groundwater SDL resource unit referred to in column 1 of the table in Schedule 4 consists of all groundwater resources described by column 2 of the table in Schedule 4 that lie beneath the area described by the polygon of the same name in the dataset that:

(a) is titled Groundwater SDL Resource Units; and

(b) has a dataset scale of 1:250,000; and

(c) is held by the Authority on 14 November 2017.

Note: See subsection 6.04(4) for the long-term average sustainable diversion limits that apply to each groundwater SDL resource unit.

(2) The Authority must publish on its website a map that:

(a) identifies each groundwater SDL resource unit; and

(b) is prepared using the dataset referred to in subsection (1).

Division 2—Long-term average sustainable diversion limits

6.04 Long-term average sustainable diversion limits

(1) The long‑term average sustainable diversion limits set out in this section take effect on 1 July 2019.

(2) The long-term average sustainable diversion limit for the Basin water resources as a whole is the sum of the long-term average sustainable diversion limits for all SDL resource units.

Note: As at 14 November 2017, the Authority had estimated the long-term average sustainable diversion limit for all surface water SDL resource units to be 10,945 GL per year. This reflects a reduction of 2,680 GL per year from the Authority’s estimate of the BDL for all surface water SDL resource units. Current estimates of amounts of water that have been recovered for the environment were, in 2018, available on the Authority’s website (www.mdba.gov.au) and on the Department’s website (www.agriculture.gov.au).

(3) The long-term average sustainable diversion limit for each surface water SDL resource unit is set out in column 2 of the table in Schedule 2.

Note: The long-term average sustainable diversion limits in the northern Basin Queensland zone and the northern Basin New South Wales zone were changed following the Northern Basin Review (completed in 2016).

 The Authority estimates the long-term average sustainable diversion limit for all surface water SDL resource units in these zones to be 3,538 GL per year. This represents a reduction of 320 GL per year from the Authority’s estimate of the BDL for the northern Basin.

 The northern Basin SDL was based on:

 (a)  the economic, social and environmental outcomes of the Northern Basin Review; and

 (b) commitments from the Commonwealth, Queensland and New South Wales Governments to implement ‘toolkit’ measures that will deliver improved environmental outcomes in the northern Basin. 

(4) The long-term average sustainable diversion limit for each groundwater SDL resource unit is set out in column 4 of the table in Schedule 4.

Note: This section sets environmentally sustainable limits on the quantity of surface water and groundwater that may be taken from an SDL resource unit. However, a water resource plan may provide for less water to be taken: see subsection 10.11(2).

6.05 SDL resource unit shared reduction amount

(1) For column 2 of the table in Schedule 2, the SDL resource unit shared reduction amount for an SDL resource unit in one of the zones mentioned in subsection (2) is the amount, in GL per year, determined in accordance with this section. 

Note: Subsection (4) provides a default distribution of shared reduction amounts within zones. Subsections (5)-(14) deal with requests for different distributions made by the Basin States.   

(2) For this section, there are 6 zones:

(a) the northern Basin Queensland zone, made up of the following SDL resource units:

(i) Condamine-Balonne (SS26);

(ii) Moonie (SS25);

(iii) Nebine (SS27);

(iv) Paroo (SS29);

(v) Queensland Border Rivers (SS24);

(vi) Warrego (SS28); and

(b) the northern Basin New South Wales zone, made up of the following SDL resource units:

(i) Barwon-Darling Watercourse (SS19);

(ii) Gwydir (SS22);

(iii) Intersecting Streams (SS17);

(iv) Macquarie-Castlereagh (SS20);

(v) Namoi (SS21);

(vi) NSW Border Rivers (SS23); and

(c) the southern Basin Victoria zone, made up of the following SDL resource units:

(i) Broken (SS5);

(ii) Campaspe (SS7);

(iii) Goulburn (SS6);

(iv) Kiewa (SS3);

(v) Loddon (SS8);

(vi) Ovens (SS4);

(vii) Victorian Murray (SS2); and

(d) the southern Basin New South Wales zone, made up of the following SDL resource units:

(i) Lower Darling (SS18);

(ii) Murrumbidgee (SS15);

(iii) New South Wales Murray (SS14); and

(e) the southern Basin South Australia zone, made up of the following SDL resource units:

(i) Eastern Mount Lofty Ranges (SS13);

(ii) South Australian Murray (SS11); and

(f) the southern Basin Australian Capital Territory zone, made up of the Australian Capital Territory (surface water) SDL resource unit (SS1).

(3) For this section, the reduction targets for the zones are as follows:

(a) northern Basin Queensland zone—17 GL per year;

(b) northern Basin New South Wales zone—24 GL per year;

(c) southern Basin Victoria zone—425.3 GL per year;

(d) southern Basin New South Wales zone—458 GL per year;

(e) southern Basin South Australia zone—82.8 GL per year;

(f) southern Basin Australian Capital Territory zone—4.9 GL per year.

Default distribution of shared reduction amounts

(4) Subject to subsections (5) to (14), the SDL resource unit shared reduction amount for SDL resource units in a zone is calculated, as at 31 December 2016, by allocating the reduction target for the zone among the SDL resource units in proportion to the amount, for each SDL resource unit, of its BDL, including any component of water diverted for urban water use, but excluding any component due to interception activities.

Redistribution of shared reduction amounts at request of Basin State

 (5) A Basin State may make a re-allocation adjustment request.  

 (6) For this section:

re-allocation adjustment request means a request by a Basin State to the Authority to adjust the SDL resource unit shared reduction amounts for SDL resource units that are within a zone mentioned in subsection (2), being a request that:

(a) is made for the purposes of this section:

(i) before 1 July 2018; and

(ii) before any water resource plan is submitted by the State for a water resource plan area in the zone (excluding any water resource plan submitted before 14 November 2017); and

(b) if made before the substitution of this section by the Basin Plan 2012—is expressed to be made in anticipation of the substitution of this section by that instrument; and

(c) has the effect that:

(i) the total of the SDLs for each zone remains the same; and

(ii) no SDL resource unit has an SDL that is larger than would result from replacing its shared reduction amount with zero; and

(d) takes into account the amount of water already recovered by the Commonwealth at the time of the request (and does not, for example, request an SDL resource unit shared reduction amount for a unit that is lower than the amount of water already recovered by the Commonwealth at the time of the request).

Note: An earlier request referred to in section 7.14A is not a re-allocation adjustment request for the purposes of this section. A Basin State may, if it has made such an earlier request, confirm it (provided it satisfies paragraphs (c) and (d)) or vary it by making a re-allocation adjustment request for the purposes of this section. Otherwise, the default shared reduction amounts under subsection (4) will apply.  

(7) A re-allocation adjustment request may not be varied or replaced once made.

(8) If the Authority receives a re-allocation adjustment request, the Authority must, as soon as practicable, publish the requested SDL resource unit shared reduction amounts for SDL resource units in the relevant zone on its website.

Variations due to changes in water recovery

 (9) A Basin State may:

(a) after making a re-allocation adjustment request and by 31 December 2018; or

(b) if no re-allocation adjustment request has been made—between 1 July 2018 and 31 December 2018;

  make a request to the Authority for variations to the SDL resource unit shared reduction amounts for SDL resource units in a zone.

(10) A request under subsection (9):

(a) must comply with paragraph (c) of the definition of re‑allocation adjustment request in subsection (6); and

(b) must take into account the amount of water already recovered by the Commonwealth at the time of the request (and must not, for example, request an SDL resource unit shared reduction amount for a unit that is lower than the amount of water already recovered by the Commonwealth at the time of the request); and

(c) must not change the SDL resource unit shared reduction amounts for SDL resource units in a water resource plan area for which a water resource plan has already been submitted. 

(11) The Authority must consult with the Department upon receiving a request under subsection (9) that complies with subsection (10).              

(12) The Authority may agree to the requested variations if both the Authority and the Department consider that it is appropriate for the Authority to do so in order to accommodate changes in the expected amount of water recovery in relevant SDL resource units.

(13) If the Authority agrees to the requested variations, the Authority must:

(a) update any relevant amounts that have been published under subsection (8) to reflect the variations; or

(b) if no such amounts have been published under subsection (8)—publish the variations to the SDL resource unit shared reduction amounts for SDL resource units in the relevant zone on its website.

Effect of publishing shared reduction amounts

(14) If the Authority publishes an SDL resource unit shared reduction amount for an SDL resource unit on its website under this section, that amount is the SDL resource unit shared reduction amount for the relevant unit. 

6.05A  SDL adjustment amount 

For column 2 of the table in Schedule 2, the SDL adjustment amount for a surface water SDL resource unit for a water accounting period is the amount, in GL per year, calculated in accordance with Schedule 6A for the water accounting period.

Note: See section 7.10 of the Basin Plan.

6.06 Reviews of the Basin Plan

Reviews generally

(1) The Authority may, in consultation with Basin States and other interested persons, conduct research and investigations into the long‑term average sustainable diversion limits or any other aspects of the Basin Plan, for the purpose of informing any reviews of the Basin Plan or aspects of the Basin Plan including in relation to whether there should be changes to the long‑term average sustainable diversion limits.

(2) A review may be undertaken at the request of the Murray‑Darling Basin Ministerial Council.

Note: See also subsection 50(2) of the Act.

(3) A review must be undertaken having regard to the management of climate change risks and include an up‑to‑date assessment of those risks, and consider all relevant knowledge about the connectivity of surface and groundwater, the outcomes of environmental watering and the effectiveness of environmental works and measures.

(4) The Authority must publish on its website any reports produced as a result of research or investigations conducted under this section.

(5) Nothing in this section limits the powers of the Authority or the Murray‑Darling Basin Ministerial Council.

Note: For example, the Authority has other powers under the Act and the Basin Plan to conduct reviews, research and investigations: see sections 50 and 172 of the Act and Chapter 13 of the Basin Plan.

Part 3—Temporary diversion provision

6.07 Temporary diversion provision

The temporary diversion provision for each SDL resource unit is zero.

Part 4—Method for determining compliance with long-term annual diversion limit

Division 1—Register of take

6.08 Register of take

(1) The Authority must establish and maintain a register of take for each SDL resource unit in accordance with this Part.

(2) The purpose of the register of take is to assist with determining, for each water accounting period, whether there has been compliance with the long-term annual diversion limit for an SDL resource unit and the extent of any failure to comply with that limit.

Note:  See section 4 of the Act for the meaning of long-term annual diversion limit. Under the Basin Plan, the long-term annual diversion limit is the same as the long-term average sustainable diversion limit because the temporary diversion provision for each SDL resource unit is zero: see section 6.07.

(3) For each surface water SDL resource unit, the register of take must include:

(a) a debit column to record the amounts referred to in subsections 6.11(1) and (3); and

(b) a credit column to record the amounts referred to in subsections 6.11(2) and (3); and

(c) a cumulative balance column to record the amounts referred to in subsection 6.11(4).

(3A) For each groundwater SDL resource unit, the register of take must include a record of amounts for determining compliance, as set out in Division 3.

(4) The register may also include any other matters the Authority considers relevant to determining whether there has been compliance with the long-term annual diversion limit.

(5) The register of take commences in the first water accounting period after 30 June 2019 following the commencement of a water resource plan.

(6) When the register of take commences for a surface water SDL resource unit, it must record a cumulative balance of zero.

(7) The Authority must publish the register of take on its website.

Division 2—Method for determining compliance—surface water

6.09 Method for determining compliance with long-term annual diversion limit—surface water

(1) The method for determining compliance with the long-term annual diversion limit for a surface water SDL resource unit in a water accounting period is to follow the steps set out in this Division.

(2) The method applies to each water accounting period after 30 June 2019 following the commencement of a water resource plan relating to the SDL resource unit.

6.10 Step 1—Calculation of annual permitted take and annual actual take

(1) For a water accounting period, sum the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit, determined in accordance with the method for section 10.10 (annual permitted take).

Note:   Section 10.10 requires a water resource plan to set out a method for determining the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit in each water accounting period.

(2) For the same water accounting period, sum the quantity of water actually taken by each form of take for consumptive use from the SDL resource unit (annual actual take).

Note: See section 10.15.

6.11 Step 2—Record difference between annual actual take and annual permitted take

(1) If the annual actual take is greater than the annual permitted take, the difference must be recorded on the register of take for the SDL resource unit as a debit.

(2) If the annual actual take is less than the annual permitted take, the difference must be recorded on the register of take as a credit.

(3) If there is no difference between the annual actual take and the annual permitted take, a zero must be recorded on the register of take in both the debit column and the credit column.

(4) As a result of the record made under subsections (1) to (3):

(a) determine the new cumulative balance of the difference between annual permitted take and annual actual take for the SDL resource unit; and

(b) record this balance on the register of take as either a cumulative debit, cumulative credit, or a zero.

(5) If, in the previous water accounting period, the circumstances mentioned in the example in paragraph 6.12(4)(b) applied, the cumulative balance for the SDL resource unit is to be adjusted by crediting to that balance the amount attributable to those circumstances.

6.12 Step 3—Determine whether there is non-compliance

Note: See paragraphs 71(1)(g) and (h) of the Act.

(1) There is non-compliance with a long-term annual diversion limit for  a surface water SDL resource unitin a water accounting period if:

(a) the cumulative balance for the SDL resource unit, adjusted to account for any disposal or acquisition of held environmental water, is a debit amount equal to or greater than 20% of the long-term annual diversion limit for the SDL resource unit; and

(b) the Basin State does not have a reasonable excuse for the excess.

(2) For subsection (1):

(a) the Victorian Murray, Kiewa and Ovens SDL resource units may be treated as a single SDL resource unit; and

(b) the Goulburn, Broken, Campaspe and Loddon SDL resource units may be treated as a single SDL resource unit.

(3) A Basin State may not claim that there is a reasonable excuse for an excess unless it has provided a report to the Authority setting out the reasons for the excess.

(4) A Basin State is taken to have a reasonable excuse for an excess if the excess arises as the result of:

(a) the operation of the water resource plan for the SDL resource unit; or

(b) circumstances beyond the Basin State’s control (for example where, for reasons beyond the Basin State’s control, the Commonwealth has not achieved the water recovery target that it has set for itself in relation to the SDL resource unit).

(5) A Basin State that relies on a claim it has made in accordance with subsection (3) must provide the Authority, in writing, with the steps the State will take to reduce the cumulative balance of the register to zero or less.

Note 1: The Basin State will not need to take steps to reduce the cumulative balance to the extent it will be adjusted under subsection 6.11(5).

Note 2: The Authority may undertake an audit in relation to compliance using its powers under the Act. The Authority may publish the findings of its audit, including steps that it believes should be taken to bring the SDL resource unit back to balance. The findings of such an audit may also lead to further action being taken by the Authority to ensure compliance with sections 34, 35, 58 and 59 of the Act.

Division 3—Method for determining compliance—groundwater

6.12A Method for determining compliance with long-term annual diversion limit—groundwater

(1) The method for determining compliance with the long-term annual diversion limit for a groundwater SDL resource unit in a water accounting period is to follow the steps set out in this Division.

(2) The method applies to each water accounting period after 30 June 2019 following the commencement of a water resource plan relating to the SDL resource unit.

6.12B Step 1—Calculation of annual permitted take and annual actual take

(1) For a water accounting period, sum the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit, determined in accordance with the method for section 10.10 (annual permitted take).              

Note: Section 10.10 requires a water resource plan to set out a method for determining the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit in each water accounting period.

(2) For the same water accounting period, sum the quantity of water actually taken by each form of take for consumptive use from the SDL resource unit (annual actual take).

Note: See section 10.15.

6.12C Step 2—Determine whether there is non-compliance

Note: See paragraphs 71(1)(g) and (h) of the Act.

Water accounting periods up to 2028

(1) There is non-compliance with a long-term annual diversion limit for the groundwater SDL resource unit in a water accounting period ending on or before 30 June 2028, if:

(a) the sum of annual actual take in the water accounting periods since 1 July 2019 is greater than the sum of annual permitted take for those water accounting periods plus 20% of the long-term annual diversion limit for the SDL resource unit, after adjusting, for any previous water accounting period in which the circumstances mentioned in the example in paragraph (4)(b) applied, by the amount attributable to those circumstances; and  

(b) the Basin State does not have a reasonable excuse for the excess.

Note: The effect of the subsection above is the same as the effect of section 6.12 which applies in relation to surface water SDL resource units.

Water accounting periods after 2028

(2) There is non-compliance with a long-term annual diversion limit for the groundwater SDL resource unit in a water accounting period ending after 30 June 2028, if:

 (a) the average annual actual take over the 10 year period ending with that water accounting period is greater than the average annual permitted take over the 10 year period, after adjusting, for any previous water accounting period in which the circumstances mentioned in the example in paragraph (4)(b) applied, by the amount attributable to those circumstances; and

 (b) the Basin State does not have a reasonable excuse for the excess.

(3) A Basin State may not claim that there is a reasonable excuse for an excess unless it has provided a report to the Authority setting out the reasons for the excess.

(4) A Basin State is taken to have a reasonable excuse for an excess if the excess arises as the result of:

(a) the operation of the water resource plan for the SDL resource unit; or

(b) circumstances beyond the Basin State’s control (for example where, for reasons beyond the Basin State’s control, the Commonwealth has not achieved the water recovery target that it has set for itself in relation to the SDL resource unit).

(5) A Basin State that relies on a claim it has made in accordance with subsection (3) must provide the Authority, in writing, with the steps the State will take to reach the point where there is no excess under whichever of paragraphs (1)(a) and (2)(a) is then relevant.

Note 1: The Basin State will not need to take steps to the extent there will be an adjustment under paragraph (1)(a) or (2)(a).

Note 2: The Authority may undertake an audit in relation to compliance using its powers under the Act. The Authority may publish the findings of its audit, including steps that it believes should be taken to bring the SDL resource unit back to balance. The findings of such an audit may also lead to further action being taken by the Authority to ensure compliance with sections 34, 35, 58 and 59 of the Act.

Part 5—Allocation of risks in relation to reductions in water availability

6.13 Risks arising from reduction in diversion limits

(1) This section sets out the matters required by Subdivision A of Division 4 of Part 2 of the Act.

(2) For subsection 78(2) of the Act, the long-term average limit on the quantity of water that can be taken from an SDL resource unit that the Authority is satisfied will be applicable immediately before a transitional water resource plan, or interim water resource plan, ceases to have effect is the BDL for the SDL resource unit.

Note: See section 1.07 for the meaning of BDL.

(3) For paragraph 75(1)(a) of the Act, the amount of the reduction is the amount by which the BDL for the SDL resource unit exceeds the long-term annual diversion limit for the SDL resource unit.

(4) For paragraph 75(1)(b) of the Act, the Commonwealth Government policy component of the reduction is 100% of the reduction.

(5) For paragraph 75(1)(c) of the Act, the new knowledge component of the reduction is zero.

(6) For paragraph 75(1)(d) of the Act, the Commonwealth’s share of the reduction is 100% of the reduction.

Note: See subsections 77(2) and (5) of the Act.

6.14 Risks arising from other changes to the Basin Plan

Nothing in the Basin Plan requires a change in the reliability of water allocations of a kind that would trigger Subdivision B of Division 4 of Part 2 of the Act.

Chapter 7—Adjustment of SDLs

Note: The SDLs will constitute limits from 1 July 2019. The surface water SDLs set out in Schedule 2 on the commencement of the Basin Plan in 2012 were based on:

• infrastructure and other measures that were in operation or expected to be in operation by 2019, including as a result of investments that the Commonwealth is committed to funding, that would recover at least 600 GL of water per year (‘anticipated measures’ in this Chapter); and
• the level of scientific understanding of the Basin hydrology and ecology at that time.

 This Chapter provides for the Authority to propose adjustments to the SDLs under section 23A of the Act. These will be made by amendment of the Basin Plan under section 23B of the Act.

 Under Part 2, the Authority can propose adjustments to surface water SDLs to take account of certain additional changes in infrastructure and other measures that will come into operation by 30 June 2024.

 In this Chapter a ‘supply measure’ is a measure that increases the quantity of water available before take for consumptive use. The measure may do this either by making water available for environmental management without reducing consumptive take (e.g. through reducing evaporation losses at suitable storages) or by allowing environmental managers to achieve equivalent outcomes more efficiently, thus reducing the amount of water needed for the environment. Supply measures allow equivalent environmental outcomes to be achieved without needing to reduce consumptive take as much as originally anticipated in the Basin Plan.

 The additional water provided by supply measures will be made available for consumptive use (as it will no longer need to be recovered from such use). An adjustment made because of supply measures will increase the SDL (decrease the reduction amount).

 An ‘efficiency measure’ is one that makes savings in the amount of water required for consumptive purposes. Examples include investment in more efficient irrigation infrastructure. The water saved by efficiency measures will be allocated to environmental use but, due to the nature of efficiency measures, this will achieve neutral or improved social and economic impacts. An adjustment made because of efficiency measures will decrease the SDL (increase the reduction amount).

 Under Part 4, the Authority can propose adjustments to groundwater SDLs to reflect new or improved information relating to the groundwater of the groundwater SDL resource units.

Part 1—Preliminary

7.01 Simplified outline

(1) This section sets out a simplified outline of this Chapter.

(2) This Chapter provides a mechanism for the Authority to propose adjustments to the SDLs under section 23A of the Act on the basis of:

(a) new measures that will increase the supply of water or the efficiency of water use (Part 2); or

(c) new or improved information relating to groundwater SDL resource units (Part 4).

7.02 Interpretation

In this Chapter:

additional efficiency entitlement, for a surface water SDL resource unit, is a water access entitlement that:

(a) is sourced from the unit; and

(b) is held environmental water; and

(c) is acquired by the Commonwealth or another person in conjunction with, or to take advantage of the water savings achieved by, an additional efficiency measure.

additional efficiency measure means a measure that has been notified under subsection 7.12(2).

affected unit means a surface water SDL resource unit that is an affected unit for a notified measure or additional efficiency measure under paragraph 7.12(4)(b).

anticipated measure means a measure that is part of the benchmark conditions of development.

Note: This includes various measures expected to be in operation by 2019, including as a result of investments that the Commonwealth is committed to funding, that are expected to recover the equivalent of at least 600 GL of water per year.

benchmark conditions of development means the conditions of development that were assumed in the benchmark model described in Schedule 6 when the model was used to set the unadjusted SDLs for the Basin Plan.

Note 1:  These conditions include the infrastructure, rules and practices that were assumed in the benchmark model, including certain measures that were not yet in effect but were expected to be in place by 2019, including as a result of investments that the Commonwealth is committed to funding and are expected to recover the equivalent of at least 600 GL of water per year.

Note 2: The Authority will, in consultation with the Basin Officials Committee, prepare and publish a report detailing the benchmark conditions of development as soon as practicable after the Basin Plan is made.

benchmark environmental outcomes has the meaning given in subsection 7.15(2).

constraint measure means a measure that removes or eases a physical or other constraint on the capacity to deliver environmental water to the environmental assets of the Murray-Darling Basin.

Note: Examples include:

 raising of bridges to allow higher regulated flows in watercourses and floodplains;

 acquisition of easements to allow inundation of private land in conjunction with making regulated releases of environmental water.

efficiency contribution has the meaning given by Division 4 of Part 2 (in particular section 7.16).

efficiency entitlement, for a surface water SDL resource unit, means a water access entitlement that:

(a) is sourced from the unit; and

(b) is held environmental water; and

(c) is acquired by the Commonwealth or another person in conjunction with, or to take advantage of the water savings achieved by, a notified efficiency measure.

efficiency measure has the meaning given by section 7.04.

measure means a set of works or measures undertaken or funded by the Commonwealth or a Basin State, including but not limited to the following:

(a) changes to water infrastructure;

(b) changes to other infrastructure that affect the hydrology of the Basin;

(c) changes to legal requirements, including to Commonwealth or State laws, that affect the way water is used;

(d) changes in river management and river operational practices;

(e) changes in methods of delivering water.

notified measure means a measure that has been notified under subsection 7.12(1) or (1A), and notified efficiency measure and notified supply measure have corresponding meanings.

reference time has the meaning given by subsection 23A(5) of the Act.

supply contribution has the meaning given by Division 4 of Part 2 (in particular section 7.15).

supply measure has the meaning given by section 7.03.

7.03 Meaning of supply measure

A supply measure is a measure that operates to increase the quantity of water available to be taken in a set of surface water SDL resource units compared with the quantity available under the benchmark conditions of development.

Note: Examples include:

 re-configuring suitable lakes or storage systems to reduce evaporation;

 reducing the quantity of water required to deliver water at a particular place, whether for purposes of consumptive use or for environmental use;

 changing the methods of environmental watering in such a way that equivalent environmental outcomes can be achieved with a smaller quantity of water than was required under the benchmark conditions of development.

7.04 Meaning of efficiency measure

An efficiency measure is a measure that operates to decrease the quantity of water required for one or more consumptive uses in a set of surface water SDL resource units, compared with the quantity required under the benchmark conditions of development.

Note: Examples include:

 lining channels to reduce water losses within an irrigation network;

 replacement of less efficient irrigation methods with drip irrigation.

7.05 Consultation with Basin Officials Committee

(1) In determining the amounts of proposed adjustments in accordance with this Chapter, the Authority must seek and consider advice from the Basin Officials Committee.

(2) The Authority must seek the advice of the Basin Officials Committee at least 1 month before proposing adjustments in accordance with this Chapter.

7.06 Public consultation

Before finalising a determination of the amounts of proposed adjustments in accordance with this Chapter, the Authority must:

(a) publish a draft determination of the amounts of the proposed adjustments on its website, with an account of how they were arrived at and the reasons for decisions made in arriving at the draft determination; and

(b) invite the public to make submissions about the draft determination within a period of not less than 1 month.

7.07 Combined proposals

(1) The Authority may make proposals under Parts 2 and 4 at the same time.

(2) Where this is done, the Authority may, for the purpose of section 23B of the Act, treat the proposals as a single proposal and prepare a set of amendments that gives effect to the net effect of the proposals.

7.08 Constraints management strategy

(1) Within 12 months after the commencement of the Basin Plan, the Authority must prepare a constraints management strategy that:

(a) identifies and describes the physical, operational and management constraints that are affecting, or have the potential to affect, environmental water delivery; and

(b) assists all jurisdictions to participate in constraint measures in order to allow environmental water to be used to maximum effect and to maximise the benefits of any increase in held environmental water; and

(c) evaluates options, opportunities and risks to water users, communities and the environment, associated with addressing key constraints, including through constraint measures that are relevant to measures that might be notified under section 7.12; and

(d) assesses the impacts of modifications of constraints on environmental water delivery and third parties, as well as downstream impacts, and assesses options to address those impacts; and

(e) identifies mechanisms by which impacts on third parties can be addressed.

(2) The strategy, and any substantive amendments to the strategy, must be prepared in consultation with the Basin States and the public.

(3) The Authority must annually give a report to the Murray‑Darling Basin Ministerial Council on progress on the matters covered by the strategy.

(4) The Authority must publish the strategy on its website.

Part 2—Adjustment of surface water SDLs for notified measures

Division 1—Objective

7.09 Objective

The objective for this Part is to allow surface water SDLs to be adjusted to reflect the effects of measures that increase the supply of water or the efficiency of water use, and are notified under this Part, so that:

(a) for efficiency measures—environmental outcomes are increased while maintaining or improving social and economic outcomes; and

(b) for supply measures—equivalent environmental outcomes are achieved with a lower volume of held environmental water than would otherwise be required; and

Note: Some jurisdictions anticipate that such measures may be able to provide the equivalent of 650 GL per year of water, reducing the quantity of water access rights the Commonwealth will need to acquire to ‘bridge the gap’.

(c) where constraints on the capacity to deliver environmental water are removed or eased—available environmental water can be used to maximum effect; and

(d) enhanced economic, social and environmental outcomes compared with the benchmark environmental outcomes and benchmark conditions of development can be achieved for the Murray-Darling Basin, including through more efficient water use, improved river operations, improved outcomes for the River Murray floodplain, River Murray river water quality, estuarine health, Murray Mouth opening, higher average lake levels and increased in-stream flows and variability; and

(e) the easing or removal of constraints and the addition of 450 GL per year of environmental water above the 2750 GL benchmark conditions of development, under the Commonwealth’s program, allow the enhanced environmental outcomes as set out in Schedule 5 to be pursued as compared to the benchmark environmental outcomes.

Note 1:  The Commonwealth program to ease or remove capacity constraints and deliver 450 GL of additional environmental water is to improve the environmental outcomes beyond those achievable under the 2750 GL benchmark by a further 450 GL and thus pursue the environmental outcomes set out in Schedule 5 that reflect the results of the 3200 GL per year modelling with relaxed constraints scenario reported in: MDBA (Murray-Darling Basin Authority) 2012, Hydrologic modelling of the relaxation of operational constraints in the southern connected system: Methods and results, MDBA publication no: 76/12, Murray-Darling Basin Authority, Canberra. http://download.mdba.gov.au/altered-PBP/Hydrologic-modelling-relaxed-constraints-October-2012.pdf

Note 2: The Commonwealth’s program referred to in paragraph (e) is the program to spend $1.77 billion over 10 years from 2014–15 under the proposed Water for the Environment Special Account.

Division 2—When Authority must propose appropriate adjustments

7.10 Initial adjustments to be proposed in 2017

(1) If the Authority has received a notification of measures under subsection 7.12(1) or (1A), it must, as soon as practicable after 30 June 2017 and no later than 15 December 2017:

(a) for each affected unit, determine the amounts of proposed adjustments resulting from the notified measures in accordance with Division 4; and

(b) propose accordingly, under section 23A of the Act:

(i) an adjustment of the SDL for each affected unit; and

(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.

Note: Under section 23B of the Act, the Authority is then required to prepare appropriate amendments of the Basin Plan, for adoption by the Minister.

(2) The Authority must advise the Minister on the implications of a proposal for any declared Ramsar wetland.

7.11 Reconciliation adjustments to be proposed in 2024

(1) If it appears to the Authority that a new determination, as at 30 June 2024, of the appropriate adjustment amounts resulting from the notified measures and any additional efficiency measures would produce a result different from the determination made for the purpose of section 7.10, the Authority must, by that date:

(a) determine the amounts of proposed adjustments for each affected unit resulting from the notified measures and any additional efficiency measures, in accordance with Division 4; and

(b) propose accordingly, under section 23A of the Act:

(i) an adjustment of the SDL for each affected unit; and

(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.

Note 1:   Under section 23B of the Act, the Authority is then required to prepare appropriate amendments of the basin Plan, for adoption by the Minister.

Note 2:   This section might apply if, for example, a notified measure has been withdrawn or an additional efficiency measure has been registered.

Note 3: It is expected that the Authority will propose adjustments under this section in sufficient time for the amendments to commence by 30 June 2024.

(2) The Authority must advise the Minister on the implications of a proposal for any declared Ramsar wetland.

Division 3—Notification and recording of relevant matters

7.12 Notification of measures relevant to adjustment of SDLs

First notification of supply measures or efficiency measures 

(1) The Basin Officials Committee may, by 30 June 2016, notify the Authority of 1 or more supply measures or efficiency measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.10 or 7.11.

Second notification of supply measures or efficiency measures 

(1A) The Basin Officials Committee may, after 30 June 2016 but on or before 30 June 2017, notify the Authority of 1 or more supply measures or efficiency measures that, in the view of the Committee, should be taken into account in proposing adjustments under section 7.10 or 7.11.

Notification of additional efficiency measures 

(2) The person (the Basin State or Commonwealth) funding or undertaking an efficiency measure may, after 30 June 2017 but on or before 31 December 2023, notify the Authority of 1 or more efficiency measures that, in the view of the person, should be taken into account in proposing adjustments under section 7.11.

Requirements for all notifications 

(3) A measure may be notified only if:

(a) it will enter operation by 30 June 2024; and

(b) it is not an anticipated measure; and

(c) the person (the Basin State or Commonwealth) funding or undertaking the measure agrees with the notification.

(4) A notification must include, for each measure:

(a) details of the measure; and

(b) the surface water SDL resource units affected by the measure (the affected units for the measure); and

(c) details of any constraint measure that may be relevant; and

(d) the date on which the measure entered into operation, or by which it will enter into operation.

Amendment of notifications 

(5) A notification must be amended as soon as practicable after any information under subsection (4) has changed.

(6) A notification must be amended to withdraw a measure if the measure will not enter into operation by 30 June 2024.

(7) Subsections (5) and (6) do not apply after 31 December 2023.

7.13 Register of measures

(1) The Authority must maintain a register of notified measures and additional efficiency measures that includes:

(a) the information mentioned in section 7.12; and

(b) for each surface water SDL resource unit:

(i) the efficiency entitlements and additional efficiency entitlements for the unit from time to time; and

(ii) the long-term average quantity of water, in GL per year, that is available under the efficiency entitlements for the unit from time to time; and

(iii) the long-term average quantity of water, in GL per year, that is available under the additional efficiency entitlements for the unit from time to time.

(2) If an adjustment is likely to be proposed under section 7.10 or 7.11, the register must include estimates of the likely supply contribution, efficiency contribution and overall SDL adjustment amount and, to the extent practicable, the likely SDL adjustment amounts for the affected units.

(3) The Authority must publish the register on its website.

(4) Paragraph (1)(b) applies to a water access entitlement whether it becomes held environmental water before or after the measure is notified.

Division 4—Determining amounts of adjustments

7.14 Preliminary

This Division sets out the steps the Authority must take to determine the amounts of adjustments to SDLs that it will propose because of the notified measures and additional efficiency measures.

7.14A Shared reduction amounts to be applied in determining adjustments

(1) Subject to subsection (2), the Authority must determine the amounts of adjustments under this Division to the SDL for an SDL resource unit on the basis that the SDL resource unit shared reduction amount for the unit is the amount calculated under subsection 6.05(4).

(2) If a Basin State has made a re-allocation adjustment request for this section, the Authority must determine the amounts of adjustments under this Division to the SDL for an SDL resource unit applying the SDL resource unit shared reduction amount requested by the State for that unit.

(3) For this section:

re-allocation adjustment request means a request made by a Basin State to the Authority to adjust the SDL resource unit shared reduction amounts for SDL resource units that are within a zone mentioned in subsection 6.05(2), being a request that:

(a) either:

(i) was made before 1 July 2016, for the purposes of section 7.23 as it stood before the repeal of that section by the Basin Plan Amendment Instrument 2017 (No. 1), and has not been withdrawn or replaced by a request referred to in subparagraph (ii); or

(ii) was made between 1 July 2016 and 30 June 2017, and expressed to be made in anticipation of the insertion of this section by the Basin Plan Amendment Instrument 2017 (No. 1); and

(b) has the effect that:

(i) the total of the SDLs for each zone remains the same; and

(ii) no SDL resource unit has an SDL that is larger than would result from replacing its shared reduction amount with zero.

Note 1: The same SDL resource unit shared reduction amounts were used for the purpose of calculating the initial adjustments proposed in 2017 and will be used in any reconciliation adjustments in 2024.

Note 2: A request for this section is not a re-allocation adjustment request for the purposes of section 6.05.

7.15 Contribution to adjustments from supply measures

(1) Subject to this Division, the total supply contribution of the notified measures is the total increase in the SDLs for all the units affected by notified supply measures that will ensure that, calculated in accordance with the applicable method on the basis of:

(a) a repeat of the historical climate conditions; and

(b) the benchmark conditions of development modified by:

(i) the addition of the notified supply measures; and

(ii) the removal of any unimplemented policy measures;

the following results occur, as compared with the benchmark environmental outcomes:

(c) there are equivalent environmental outcomes; and

(d) there are no detrimental impacts on reliability of supply of water to the holders of water access rights that are not offset or negated.

Note: The determination is based on the effect that the supply measures will have when they come into operation, whether or not they have done so by the time the measures are notified under section 7.12.

(2) In this section:

applicable method means:

(a) the default method set out in Schedule 6; or

(b) if the Authority and the Basin Officials Committee agree to use another method—that method.

benchmark environmental outcomes means the environmental outcomes in the model that, in accordance with the applicable method, would be achieved if:

(a) the SDLs were at the levels set in the Basin Plan when it commenced; and

(b) the benchmark conditions of development applied in the Murray-Darling Basin.

unimplemented policy measure means an anticipated measure consisting of a policy to:

(a) credit environmental return flows for downstream environmental use; or

(b) allow the call of held environmental water from storage during un-regulated flow events;

to the extent, if any, that the measure, at the time of the determination, is not expected to, or did not, come into effect by 30 June 2019.

7.16 Contribution to adjustments from efficiency measures

Efficiency contribution for 2017 determination

(1) For a determination for the purpose of section 7.10, and subject to this Division, the efficiency contribution of the notified measures for each affected unit at a particular time is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is registered as being available under the efficiency entitlements for the unit.

Note 1: The efficiency contributions are expected to vary over time as relevant water access entitlements are acquired.

Note 2:  The Authority will use long-term diversion limit equivalent factors to convert water access entitlements into a common unit for the purpose of the determinations.

Efficiency contribution for 2024 determination

(2) For a determination for the purpose of section 7.11, and subject to this Division, the efficiency contribution of the notified measures and additional efficiency measures for each affected unit is a decrease in the SDL for the unit equal to the quantity of water, in GL per year, that is expected to be registered as being available under the efficiency entitlements and additional efficiency entitlements for the unit on 30 June 2024.

(3) In this section, registered means shown on the register maintained under section 7.13.

7.17 Ensuring that criteria for amounts of adjustments are satisfied

(1) If, after calculating the total supply and efficiency contributions under sections 7.15 and 7.16, the Authority is not satisfied that a determination of proposed adjustments based on those amounts can be made under this Division that satisfies the criteria below, the Authority may reduce the total supply contribution, or the efficiency contribution for any affected unit, to a level at which such a determination can be made.

(2) The applicable criteria are the following:

Equivalent environmental outcomes 

(a) The supply contributions to the proposed adjustments achieve equivalent environmental outcomes compared with the benchmark environmental outcomes.

Neutral or improved socio-economic outcomes

(b) The efficiency contributions to the proposed adjustments achieve neutral or improved socio-economic outcomes compared with the outcomes under benchmark conditions of development as evidenced by:

(i) the participation of consumptive water users in projects that recover water through works to improve irrigation water use efficiency on their farms; or

 (ia) the participation of consumptive water users in projects that recover water through works to improve water use efficiency off-farm; or

(ii) alternative arrangements proposed by a Basin State, assessed by that State as achieving water recovery with neutral or improved socio-economic outcomes.

Use of approval process

(c) Any processes approved by the Murray-Darling Basin Ministerial Council for developing initiatives for satisfying these criteria, including opportunities for public consultation, have been observed.

7.18 Apportionment of supply contribution to affected units

The Authority must apportion the total supply contribution for the notified measures to give each affected unit a supply contribution in a way that:

(a) ensures that the sum of the supply contributions is the total supply contribution; and

(b) complies with any agreement relating to the apportionment of supply contributions that has been reached by the Commonwealth and States.

7.19 Overall limitation on size of adjustment amounts

If, at a particular time, the net effect of the total supply contribution and the total efficiency contribution under sections 7.15 to 7.17 is an increase or decrease of more than 5% of the total surface water SDL for the Basin water resources as it stood at the reference time, the size of the supply contribution and the efficiency contribution for each affected unit are reduced in proportion so that the net effect is equal to that amount.

Note: This section allows a supply contribution or an efficiency contribution of more than 5% of total surface water SDL to each be given full effect in an adjustment, provided that the net effect across the Basin is within the 5% limit.

7.20 Final determination of amounts in 2017

(1) For the purpose of section 7.10, the Authority may make a determination to propose adjustments only if:

(a) it has considered any advice from the Basin Officials Committee and submissions from members of the public; and

(b) it is satisfied that the proposed adjustments meet the criteria under section 7.17.

(2) The Authority must determine supply contributions as at 30 June 2017.

Note: Some of the supply measures may not be operating by that date. The determination is based on the effect that they will have when they have come into operation by 2024.

(3) The Authority must determine the amounts of the proposed adjustments as:

(a) an adjustment of the SDL for each affected unit equal to the net effect of supply and efficiency contributions for the unit; and

(b) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.

(4) A proposed adjustment must be in the form of a formula as a function of time, either varying continuously or changing at specified times, that reflects the changes up until 30 June 2024 of:

(a) the relevant efficiency contributions; and

(b) the operation of the overall limit on adjustments in section 7.19.

7.21 Final determination of amounts in 2024

(1) For the purpose of section 7.11, the Authority may make a determination of the proposed adjustments only if:

(a) it has considered any advice from the Basin Officials Committee and submissions from members of the public; and

(b) it is satisfied that the proposed adjustments meet the criteria under section 7.17.

(2) The Authority must determine supply contributions and efficiency contributions as they are expected to be on 30 June 2024.

(3) The Authority must:

(a) determine the adjustments that would be appropriate to reflect the notified measures and additional efficiency measures as if no adjustment had been made as a result of a proposal under section 7.10 (the overall adjustments); and

(b) calculate, for each affected unit, the difference between the overall adjustment and any adjustment actually made as a result of a proposal under section 7.10 (the difference for the unit); and

(c) determine the amounts of the proposed adjustments as:

(i) an adjustment of the SDL for each affected unit equal to the difference for the unit; and

(ii) an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.

Part 4—Adjustments relating to groundwater

7.24 Objective

The objective for this Part is to allow SDLs for groundwater SDL resource units to be adjusted to reflect new or improved information about their groundwater resources.

7.25 Adjustments relating to groundwater

(1) The Authority may propose, under section 23A of the Act, an adjustment of the SDL for a groundwater SDL resource unit if better information becomes available about the groundwater resources of the unit and the factors relevant to setting the SDL, in particular information about:

(a) recharge rates; or

(b) connectivity with surface water; or

(c) usage patterns; or

(d) Basin State policy and planning settings.

(2) In determining the amount of the proposed adjustment, the Authority must be satisfied that, in the light of the better information, the SDL for the unit:

(a) may be increased by the amount of the proposed adjustment and still represent an environmentally sustainable level of take; or

(b) should be decreased by the amount of the proposed adjustment to represent an environmentally sustainable level of take.

Note: Under section 23B of the Act, the Authority is then required to prepare appropriate amendments of the Basin Plan, for adoption by the Minister.

(3) A proposal in accordance with this section may be made as soon as practicable after 30 June 2016, or at any time after 30 June 2019.

7.26 Overall limitation on size of groundwater adjustment amounts

The Authority may not propose an adjustment under this Part if the result would be that the net effect of all adjustments proposed under this Part since the reference time would represent an increase or decrease of more than 5% of the total groundwater SDL for the Basin water resources as it stood at the reference time.

Part 5—Independent audit of calculations

7.27 Independent audit of Authority’s calculations

(1) The Authority may appoint or establish a person or body that is independent of the Authority to audit calculations made by the Authority for the purpose of Parts 2 and 4.

(2) The person or body conducting any audit must:

(a) produce a report setting out the findings of the audit; and

(b) before the report is finalised, provide the Authority, the Commonwealth and each Basin State with an opportunity to comment on the proposed findings.

Chapter 8—Environmental watering plan

Part 1—Preliminary

8.01 Simplified outline

(1) This section sets out a simplified outline of this Chapter.

(2) This Chapter sets out the environmental watering plan (item 9 of the table in subsection 22(1) and section 28 of the Act).

(3) The environmental watering plan specifies:

(a) the overall environmental objectives for the water-dependent ecosystems of the Murray-Darling Basin (Part 2); and

(b) targets by which to measure progress towards achieving those objectives (Part 3); and

(c) an environmental management framework for planned environmental water and held environmental water (Part 4); and

Note 1: See section 8.10 for a detailed outline of the elements of the environmental management framework.

Note 2: The principles to be applied in environmental watering are specified in Division 6 of Part 4.

(d) the methods to be used to identify environmental assets in the Murray-Darling Basin that will require environmental watering (Part 5); and

(e) the principles to be applied, and the method to be used, to determine the priorities for applying environmental water (including applying that water to environmental assets that are identified using the methods in paragraph (d)) (Part 6).

8.02 Purpose of Chapter

(1) The purpose of the environmental watering plan is to achieve the objectives in Part 2 and give effect to the principles in Division 6 of Part 4 by:

(a) co-ordinating the planning, prioritisation and use of environmental water on both a long-term and an annual basis; and

(b) enabling adaptive management to be applied to the planning, prioritisation and use of environmental water; and

(c) facilitating consultation, co-ordination and co-operative arrangements, where possible, between the Authority, the Commonwealth Environmental Water Holder and Basin States; and

(d) enabling information to be shared between the Authority, the Commonwealth, Basin States, holders of held environmental water and managers of planned environmental water to ensure efficient and effective use of environmental water.

(2) This section does not limit the operation of this Chapter.

Note: Subsection 1.02(2) states that the Basin Plan has the effect provided for in sections 34, 35, 36, 37, 86G and 86H of the Act.

8.03 Effect of environmental watering plan on Commonwealth Environmental Water Holder

(1) The Commonwealth Environmental Water Holder must perform its functions and exercise its powers in a way that is consistent with:

(a) the environmental watering plan; and

(b) the Basin-wide environmental watering strategy.

(2) When performing its functions and exercising its powers, the Commonwealth Environmental Water Holder must have regard to the Basin annual environmental watering priorities.

Note: The Act imposes other obligations onto the Commonwealth Environmental Water Holder that relate to the environmental watering plan. See sections 105, 106 and 114 of the Act.

Part 2—Overall environmental objectives for water-dependent ecosystems

Note: This Part sets out overall environmental objectives and particular objectives for each of those objectives.

These objectives will be met in part by the provision of environmental water, but will also be supported by other management actions. See also subsections 22(9) to (12) of the Act.

8.04 Overall environmental objectives

The overall environmental objectives for the water-dependent ecosystems of the Murray-Darling Basin are, within the context of a working Murray-Darling Basin:

(a) to protect and restore water-dependent ecosystems of the Murray-Darling Basin; and

(b) to protect and restore the ecosystem functions of water-dependent ecosystems; and

(c) to ensure that water-dependent ecosystems are resilient to climate change and other risks and threats.

Note:  The fact that water storages and properties (including floodplains) are under the control of various persons currently restricts the capacity to actively manage all water-dependent ecosystems.

8.05 Protection and restoration of water-dependent ecosystems

(1) This section sets out particular objectives relating to the protection and restoration of the water-dependent ecosystems of the Murray-Darling Basin.

(2) An objective is to protect and restore a subset of all water-dependent ecosystems of the Murray-Darling Basin, including by ensuring that:

(a) declared Ramsar wetlands that depend on Basin water resources maintain their ecological character; and

Note: See paragraph 21(3)(c) of the Act.

(b) water-dependent ecosystems that depend on Basin water resources and support the life cycles of species listed under the Bonn Convention, CAMBA, JAMBA or ROKAMBA continue to support those species; and

(c) water-dependent ecosystems are able to support episodically high ecological productivity and its ecological dispersal.

(3) An objective is to protect and restore biodiversity that is dependent on Basin water resources by ensuring that:

(a) water-dependent ecosystems that support the life cycles of a listed threatened species or listed threatened ecological community, or species treated as threatened or endangered (however described) in State law, are protected and, if necessary, restored so that they continue to support those life cycles; and

(b) representative populations and communities of native biota are protected and, if necessary, restored.

8.06 Protection and restoration of ecosystem functions of water-dependent ecosystems

(1) This section sets out particular objectives relating to the protection and restoration of the ecosystem functions of water-dependent ecosystems.

(2) An objective is that the water quality of Basin water resources does not adversely affect water-dependent ecosystems and is consistent with the water quality and salinity management plan.

(3) An objective is to protect and restore connectivity within and between water-dependent ecosystems, including by ensuring that:

(a) the diversity and dynamics of geomorphic structures, habitats, species and genes are protected and restored; and

(b) ecological processes dependent on hydrologic connectivity:

(i) longitudinally along watercourses; and

(ii) laterally between watercourses and their floodplains (and associated wetlands); and

(iii) vertically between the surface and subsurface;

are protected and restored; and

(c) the Murray Mouth remains open at frequencies, for durations, and with passing flows, sufficient to enable the conveyance of salt, nutrients and sediment from the Murray-Darling Basin to the ocean; and

(d) the Murray Mouth remains open at frequencies, and for durations, sufficient to ensure that the tidal exchanges maintain the Coorong’s water quality (in particular salinity levels) within the tolerance of the Coorong ecosystem’s resilience; and

Note: This is to ensure that water quality is maintained at a level that does not compromise the ecosystem and that hydrologic connectivity is restored and maintained.

(e) the levels of the Lower Lakes are managed to ensure sufficient discharge to the Coorong and Murray Mouth and help prevent river bank collapse and acidification of wetlands below Lock 1, and to avoid acidification and allow connection between Lakes Alexandrina and Albert, by:

(i) maintaining levels above 0.4 metres Australian Height Datum for 95% of the time, as far as practicable; and

(ii) maintaining levels above 0.0 metres Australian Height Datum all of the time; and

(f) barriers to the passage of biological resources (including biota, carbon and nutrients) through the Murray-Darling Basin are overcome or mitigated.

(4) An objective is that natural in-stream and floodplain processes that shape landforms (for example, the formation and maintenance of soils) are protected and restored.

(5) An objective is to support habitat diversity for biota at a range of scales (including, for example, the Murray-Darling Basin, riverine landscape, river reach and asset class).

(6) An objective is to protect and restore ecosystem functions of water-dependent ecosystems that maintain populations (for example recruitment, regeneration, dispersal, immigration and emigration) including by ensuring that:

(a) flow sequences, and inundation and recession events, meet ecological requirements (for example, cues for migration, germination and breeding); and

(b) habitat diversity, extent, condition and connectivity that supports the life cycles of biota of water-dependent ecosystems (for example, habitats that protect juveniles from predation) is maintained.

(7) An objective is to protect and restore ecological community structure, species interactions and food webs that sustain water-dependent ecosystems, including by protecting and restoring energy, carbon and nutrient dynamics, primary production and respiration.

8.07 Ensuring water-dependent ecosystems are resilient to climate change and other risks and threats

(1) This section sets out particular objectives relating to ensuring that water-dependent ecosystems are resilient to climate change and other risks and threats.

(2) An objective is that water-dependent ecosystems are resilient to climate change, climate variability and disturbances (for example, drought and fire).

(3) An objective is to protect refugia in order to support the long-term survival and resilience of water-dependent populations of native flora and fauna, including during drought to allow for subsequent re-colonisation beyond the refugia.

(4) An objective is to provide wetting and drying cycles and inundation intervals that do not exceed the tolerance of ecosystem resilience or the threshold of irreversible change.

(5) An objective is to mitigate human-induced threats (for example, the impact of alien species, water management activities and degraded water quality).

(6) An objective is to minimise habitat fragmentation.

Part 3—Targets by which to measure progress towards objectives

Note:     Section 13.09 requires the Authority to conduct a review of the environmental watering plan every 5 years. This review will include a review of the targets.

8.08 Targets by which to measure progress towards achieving objectives

(1) The targets by which to measure progress towards achieving the objectives in Part 2 are set out in Schedule 7.

(2) As the targets will be used to measure progress towards achieving the objectives in Part 2:

(a) the achievement of the objectives in Part 2 should be given priority over the achievement of the targets; and

(b) the failure to achieve a target does not in itself mean that a person has acted inconsistently with the environmental watering plan.

8.09 Assessment of progress towards objectives in Part 2

The Authority must measure progress towards achieving the objectives in Part 2 by using the targets in Schedule 7 having regard to the following:

(a) progress towards achieving the long-term average sustainable diversion limits;

(b) ecological objectives and ecological targets set out in long-term watering plans;

(c) climatic conditions;

(d) the Basin-wide environmental watering strategy;

(e) Basin annual environmental watering priorities;

(f) any information collected, or analysis undertaken, under Chapter 13;

(g) the outcomes of any review of the environmental watering plan.

Note:  See section 13.09.

Part 4—Environmental management framework

Division 1—Preliminary

8.10 Outline of this Part

This Part sets out the environmental management framework, which includes:

(a) processes to co-ordinate the planning, prioritisation and use of planned environmental water and held environmental water, under which:

(i) the Authority is obliged to prepare a Basin-wide environmental watering strategy (Division 2); and

(ii) each Basin State is obliged to prepare long-term watering plans for water resource plan areas (Division 3); and

(iii) each Basin State is obliged to identify annual environmental watering priorities for water resource plan areas (Division 4); and

(iv) the Authority is obliged to identify Basin annual environmental watering priorities (Division 5); and

(b) the principles to be applied in environmental watering (Division 6); and

(c) a mechanism to enable the Authority to co-ordinate the recovery of additional environmental water (Division 7).

8.11 Objectives of environmental management framework

The environmental management framework is intended to:

(a) co-ordinate the planning, prioritisation and use of environmental water on both a long-term and an annual basis; and

(b) enable adaptive management to be applied to the planning, prioritisation and use of environmental water; and

(c) facilitate consultation, co-ordination and co-operative arrangements between the Authority, the Commonwealth Environmental Water Holder and Basin States;

in order to achieve the objectives in Part 2.

Note: The application of adaptive management will enable various triggers to be responded to, including any adjustment that might be made to the SDL.

8.12 Interpretation

In this Part:

updated: a plan is taken to have been updated if it is reviewed and re-made, whether or not the plan was amended as a result of the review.

Division 2—Basin-wide environmental watering strategy

8.13 Obligation to prepare Basin-wide environmental watering strategy

(1) The Authority must prepare a Basin-wide environmental watering strategy for the Murray-Darling Basin (Basin-wide environmental watering strategy).

(2) The purpose of the Basin-wide environmental watering strategy is to:

(a) explain the context within which the Basin annual environmental watering priorities will be set; and

(b) identify particular Basin-wide environmental watering priorities over the long term; and

(c) help co-ordinate the management of environmental water, including guiding the development of consistent long-term watering plans.

8.14 Content of the Basin-wide environmental watering strategy

(1) The Basin-wide environmental watering strategy must include an explanation as to how the Authority will identify the Basin annual environmental watering priorities (Division 5).

(2) The Basin-wide environmental watering strategy may also do any or all of the following:

(a) identify:

(i) particular priority environmental assets or priority ecosystem functions, and their environmental watering requirements, using the methods in Part 5; or

Note: See also subsection 8.15(2).

(ii) multi-site watering objectives and associated flow regimes, including for the northern connected system and the southern connected system; or

(iii) end‑of‑system targets for environmental outcomes;

(b) provide guidance about:

(i) how Basin annual environmental watering priorities should be integrated with broader natural resource management strategies; or

(ii) how the Authority will identify synergies in environmental watering activities or resolve conflicting demands for available environmental water in the course of preparing the Basin annual environmental watering priorities;

(c) make recommendations:

(i) relating to what constitutes best practice in planning, prioritisation and use of environmental water, including decision‑making and priority‑setting; or

(ii) about periodic environmental watering schedules;

Note: See also sections 29 to 31 of the Act.

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

8.15 Preparation of Basin-wide environmental watering strategy

Consultation requirements

(1) The Authority must prepare the Basin-wide environmental watering strategy in consultation with:

(a) Basin States; and

(b) the Commonwealth Environmental Water Holder.

(2) The identification of particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i) must be done in collaboration with:

(a) relevant land owners or managers and relevant river operators; and

(b) any holders of held environmental water or managers of planned environmental water that may be called upon to provide water to meet those environmental watering requirements.

(3) If any disagreement arises during the consultation or collaboration referred to in subsection (1) or (2), the view of the Authority prevails.

Matters to which Authority must have regard

(4) When preparing the Basin-wide environmental watering strategy, the Authority must have regard to each of the following, where these relate to achieving objectives in Part 2:

(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;

(b) the advice of river operators;

(c) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;

(d) the views of:

(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and

(ii) persons materially affected by the management of environmental water;

(e) Indigenous values and Indigenous uses;

(f) optimising social, economic and environmental outcomes;

(g) any other consultation or information the Authority considers relevant.

(5) The Basin-wide environmental watering strategy must be developed consistently with the principles to be applied in environmental watering (Division 6).

8.16 Publication of Basin-wide environmental watering strategy

(1) The Authority must publish the Basin-wide environmental watering strategy within 24 months after the commencement of the Basin Plan.

(2) The Authority must publish the Basin-wide environmental watering strategy as soon as practicable after it is updated.

8.17 Review and update of Basin-wide environmental watering strategy

(1) The Authority must review and update the Basin-wide environmental watering strategy no later than 5 years after:

(a) the strategy is first made; or

(b) the strategy was last reviewed and updated.

(2) The Authority may review and update the Basin-wide environmental watering strategy at any time.

Note: The Authority may review and update the Basin-wide environmental watering strategy in response to various triggers, including any adjustment that might be made to the SDL.

Division 3—Long-term watering plans

8.18 Obligation to prepare long-term watering plans

A Basin State must prepare a long-term environmental watering plan for each water resource plan area that contains surface water (long-term watering plan).

8.19 Content of long-term watering plans

Note: The level of detail in a long-term watering plan may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.

Identification of environmental watering requirements

(1) A long-term watering plan must identify:

(a) priority environmental assets in the water resource plan area; and

(b) ecological objectives and ecological targets for those assets; and

(c) environmental watering requirements needed to meet those targets in order to achieve those objectives;

using the method in section 8.49.

Note: See section 8.49 for the meaning of the term priority environmental assets.

(2) A long-term watering plan must identify:

(a) priority ecosystem functions in the water resource plan area; and

(b) ecological objectives and ecological targets for those functions; and

(c) environmental watering requirements needed to meet those targets in order to achieve those objectives;

using the method in section 8.50.

Note: See section 8.50 for the meaning of the term priority ecosystem functions.

(3) If the Basin-wide environmental watering strategy has identified particular assets or functions, and their requirements, under subparagraph 8.14(2)(a)(i), a long-term watering plan must be consistent with that part of the Basin-wide environmental watering strategy.

Identification of possible co-operative arrangements

(4) A long-term watering plan must identify possible co-operative arrangements (for example, possible co-operative watering regimes) between holders of held environmental water, managers of planned environmental water, and owners or managers of environmental assets for the delivery of environmental water:

(a) within the water resource plan area; and

(b) between that area and upstream and downstream water resource plan areas;

that will ensure that environmental water meets the environmental watering requirements identified in accordance with subsections (1), (2) and (3).

Identification of long-term risks

(5) A long-term watering plan must identify:

(a) long-term risks to providing for the environmental watering requirements of priority environmental assets and priority ecosystem functions; and

(b) the strategies to manage those risks having regard to the strategies in Chapter 4.

Operational constraints

(6) A long-term watering plan must:

(a) identify any operational constraints in relation to environmental watering in the water resource plan area; and

(b) include strategies to manage or overcome those constraints.

Supporting information

(7) A long-term watering plan must include references to the information that informed its preparation.

Incorporation of other material

(8) A long-term watering plan may provide that a specified instrument or text, or specified part of an instrument or text, is part of the plan.

8.20 Preparation of long-term watering plans

Consultation requirements

(1) A Basin State must prepare a long-term watering plan in consultation with:

(a) holders of held environmental water; and

(b) managers of planned environmental water; and

(c) river operators; and

(d) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and

(e) persons materially affected by the management of environmental water.

Note:  Under paragraphs (a) and (b), a Basin State may consult with any holder or manager whose environmental water could contribute to environmental watering in the water resource plan area, regardless of the location of the holder or manager, or of the location of the water.

Matters to which Basin State is to have regard

(2) When preparing a long-term watering plan, a Basin State must have regard to the Basin-wide environmental watering strategy (Division 2).

Note: Paragraph 8.13(2)(c) provides that one of the purposes of the Basin-wide environmental watering strategy is to help co-ordinate the management of environmental water, including guiding the development of consistent long-term watering plans.

(3) A long-term watering plan must be developed consistently with the principles to be applied in environmental watering (Division 6).

Advice from the Authority

(4) The Authority may advise, or assist, a Basin State in preparing a long-term watering plan, or an updated long-term watering plan.

Consistency with international agreements

(5) A long-term watering plan must not be inconsistent with relevant international agreements.

Note: A purpose of the Basin Plan, including Chapter 8, is to give effect to relevant international agreements (see paragraph 20(a) and subsections 21(1), (2) and (3) of the Act). This provision is a further check to ensure that this purpose is achieved.

8.21 Provision and publication of long-term watering plans

(1) A Basin State must give a long-term watering plan for a water resource plan area to the Authority:

(a) no later than 12 months after the Basin-wide environmental watering strategy is first published; or

(b) if the long-term watering plan is reviewed and updated in accordance with subsection 8.22(1)—no later than 3 months after the relevant event mentioned in that subsection; or

(c) if the long-term watering plan is reviewed and updated other than in accordance with subsection 8.22(1)—as soon as practicable after it is updated; or

(d) within another timeframe agreed to by the Authority and the Basin State.

Note: Subsection 8.16(1) provides that the Authority has 24 months from commencement of the Basin Plan to publish the Basin-wide environmental watering strategy. The 12-month timeframe referred to in paragraph (a) commences when the Authority actually publishes the strategy, and not 24 months after commencement of the Basin Plan.

(2) The Authority or Basin State may publish a long-term watering plan or part of that plan.

Note: To ensure transparency, it is expected that Basin States will publish long-term watering plans as soon as is practicable.
 

8.22 Review and update of long-term watering plans

(1) A Basin State must review and update a long-term watering plan if:

(a) the water resource plan for the water resource plan area is accredited by the Minister under section 63 of the Act; or

(b) an amendment of the water resource plan for the water resource plan area is accredited by the Minister under section 65 of the Act; or

(c) the water resource plan for the water resource plan area is adopted by the Minister under section 69 of the Act; or

(d) the Authority publishes an updated Basin-wide environmental watering strategy, the updates of which materially affect the long-term watering plan; or

(e) it is 5 years after the last time the plan was reviewed under this section.

(2) A Basin State may review and update a long-term watering plan at any time.

Division 4—Annual environmental watering priorities

8.23 Obligation to identify annual environmental watering priorities

(1) A Basin State must, in relation to each water accounting period, identify annual environmental watering priorities for surface water in each water resource plan area (annual environmental watering priorities).

(2) A single instrument may identify:

(a) the annual priorities for one year; or

(b) the annual priorities for 2 or more years.

8.24 Content of annual environmental watering priorities

Identification of priorities

(1) Annual environmental watering priorities must identify priorities for the watering of priority environmental assets and priority ecosystem functions in the water resource plan area.

(2) Annual environmental watering priorities must identify, to the extent possible, the assumptions upon which the priorities were based, including:

(a) expected holdings of held environmental water, including quantities, reliability, security class, licence type, limitations, and other characteristics of that water (including who holds that water); and

(b) expected quantities of planned environmental water and the associated rules and arrangements relating to that water (including who manages that water).

Identification of possible co-operative arrangements

(3) Annual environmental watering priorities must identify possible co-operative arrangements (including possible co-operative watering regimes) that:

(a) may be made among any of the following:

(i) holders of held environmental water;

(ii) managers of planned environmental water;

(iii) owners or managers of environmental assets; and

(b) may deal with either or both of:

(i) the delivery of environmental water within the water resource plan area;

(ii) the delivery of environmental water between that area and upstream and downstream water resource plan areas; and

(c) support the delivery of environmental water in accordance with the priorities identified in the Basin State’s annual environmental watering priorities.

Incorporation of other material

(4) The annual environmental watering priorities may provide that a specified instrument or text, or specified part of an instrument or text, is part of the priorities.

Note: The level of detail in annual watering priorities may vary according to local conditions, and statutory and other arrangements prevailing in the water resource plan area.

8.25 Preparation of annual environmental watering priorities

Basin State must apply principles and use method in Part 6

(1) When identifying annual environmental watering priorities, a Basin State must apply the principles and use the method in Part 6.

Matters to which Basin State must have regard

(2) When identifying annual environmental watering priorities, a Basin State must have regard to:

(a) the Basin-wide environmental watering strategy (Division 2); and

(b) any register of held environmental water maintained under the rules of the water resource plan for the water resource plan area; and

(c) any register of held environmental water maintained by the Director of Meteorology; and

(d) any environmental watering schedules to which the Authority is a party; and

(e) any rules relating to planned environmental water in the transitional water resource plan, interim water resource plan or water resource plan for the water resource plan area, as applicable.

Note: See section 10.09, which requires water resource plans to identify planned environmental water and to maintain a register of held environmental water in certain circumstances.

(3) To avoid doubt, the requirements in paragraphs (2)(b) and (2)(e) apply only if a water resource plan has been accredited or adopted for the water resource plan area.

Information to be provided to Basin States to prepare annual environmental watering priorities

(4) To enable a Basin State to identify annual environmental watering priorities, a holder of held environmental water in the water resource plan area:

(a) must give a Basin State information relating to the matters referred to in paragraph 8.24(2)(a); and

(b) may give a Basin State views on environmental watering priorities for priority environmental assets and priority ecosystem functions for the water accounting period.

(5) To enable a Basin State to identify annual environmental watering priorities, a manager of planned environmental water in the water resource plan area:

(a) must give the Basin State information relating to the matters referred to in paragraph 8.24(2)(b); and

(b) if planned environmental water may be used in another water resource plan area—must give the Basin State:

(i) details of the water that will be made available; and

(ii) the manager’s preferred priorities for that water, both inside and outside of the water resource plan area.

Consistency with long-term watering plans

(6) Annual environmental watering priorities for the water resource plan area must be consistent with the long-term watering plan for that water resource plan area.

8.26 Provision of annual environmental watering priorities

A Basin State must give its annual environmental watering priorities for a water accounting period to the Authority:

(a) by the 31 May before the commencement of that water accounting period; or

(b) within a different timeframe agreed to by the Authority and the Basin State.

Division 5—Basin annual environmental watering priorities

8.27 Obligation to prepare Basin annual environmental watering priorities

(1) The Authority must, for each water accounting period, prepare annual environmental watering priorities for the Murray-Darling Basin (Basin annual environmental watering priorities).

(2) The purpose of the Basin annual environmental watering priorities is to identify watering priorities that give effect to the Basin-wide environmental watering strategy.

Note: For the application of Basin annual environmental watering priorities, see Division 6.

8.28 Content of Basin annual environmental watering priorities

The Basin annual environmental watering priorities may identify any of the following:

(a) priority environmental assets and priority ecosystem functions that have Basin-scale significance for environmental watering during that water accounting period;

(b) priority environmental assets and priority ecosystem functions whose environmental watering during the period will require complex arrangements;

Example: Complex arrangements could include multiple water sources, multiple sites, the involvement of multiple parties, the achievement of multiple benefits, or trade-offs.

(c) any potential for synergies in environmental watering activities (including at a scale that involves multiple water resource plan areas).

Note: Synergies could be identified in order to maximise environmental benefits in the way described in section 8.35.

8.29 Preparation of Basin annual environmental watering priorities

Consultation requirements

(1) The Authority must prepare the Basin annual environmental watering priorities in consultation with:

(a) Basin States; and

(b) the Commonwealth Environmental Water Holder.

(2) If any disagreement arises during the consultation referred to in subsection (1), the view of the Authority prevails.

Matters to which Authority must have regard

(3) When preparing the Basin annual environmental watering priorities, the Authority must have regard to the following, where these relate to achieving objectives in Part 2:

(a) any advice prepared by a committee established under section 203 of the Act for the purpose of advising the Authority on issues relating to environmental watering;

(b) any advice provided by river operators;

(c) the long-term watering plans for all water resource plan areas;

(d) annual environmental watering priorities for all water resource plan areas;

(e) the water quality and salinity objectives and targets specified in the water quality and salinity management plan in Chapter 9;

(f) the views of:

(i) local communities, including bodies established by a Basin State that express community views in relation to environmental watering; and

(ii) persons materially affected by the management of environmental water;

(g) Indigenous values and Indigenous uses;

(h) optimising social, economic and environmental outcomes;

(i) any consultation or other information the Authority considers relevant to the co-ordination of environmental watering.

Example: The Authority may engage an individual scientist or scientific advisory committee to provide advice on aspects of Basin annual environmental watering priorities.

How Authority identifies Basin annual environmental watering priorities

(4) The Authority may identify priority environmental assets and priority ecosystem functions, and their environmental watering requirements, from:

(a) any that are identified in the Basin-wide environmental watering strategy in accordance with subparagraph 8.14(2)(a)(i); or

(b) any that:

(i) are identified in a long-term watering plan; and

(ii) were identified using the methods in Part 5.

(5) The Authority may determine Basin annual environmental watering priorities by:

(a) adopting priorities that:

(i) are identified by Basin States in their annual environmental watering priorities; and

(ii) were identified by applying the principles and using the method in Part 6; or

(b) determining priorities for applying environmental water by applying the principles and using the method in Part 6; or

(c) if there is likely to be insufficient water to provide for all priorities determined in accordance with paragraph (a) or paragraph (b)—determining what should be considered a priority for watering by applying the principles and using the method in Part 6.

Consistency requirements

(6) The Basin annual environmental watering priorities must be consistent with:

(a) the objectives in Part 2 of this Chapter; and

(b) the Basin-wide environmental watering strategy; and

(c) any environmental watering schedule to which the Authority is a party.

8.30 Publication of Basin annual environmental watering priorities

The Authority must publish on its website the Basin annual environmental watering priorities:

(a) before the commencement of the water accounting period to which they relate; and

(b) if the priorities are reviewed and updated in accordance with section 8.31—as soon as practicable after they are updated.

8.31 Review and update of Basin annual environmental watering priorities

The Authority may review and update the Basin annual environmental watering priorities at any time, including during the water accounting period.

Division 6—Principles to be applied in environmental watering

Subdivision A—Principles to be applied in environmental watering

8.32 Outline of Subdivision

This Subdivision sets out the principles to be applied in environmental watering.

Note: See the definition of environmental watering in section 4 of the Act.

8.33 Principle 1—Basin annual environmental watering priorities

Environmental watering is to be undertaken having regard to the Basin annual environmental watering priorities.

Note: There may be reasons why it is not possible in particular circumstances to undertake watering in accordance with these priorities. Section 8.44 then applies.

8.34 Principle 2—Consistency with the objectives in Part 2

Environmental watering is to be undertaken consistently with the objectives in Part 2.

8.35 Principle 3—Maximising environmental benefits

Subject to the principles in sections 8.33 and 8.34, environmental watering is to be undertaken in a way that:

(a) maximises multiple environmental benefits of environmental watering; and

Example: Ensuring that the water achieves the best environmental outcomes including through multi-site watering en route to an intended priority environmental asset.

(b) maximises its benefits and effectiveness by:

(i) co-ordinating environmental watering between all holders of held environmental water and managers of planned environmental water; and

(ii) co-ordinating environmental watering with flows regulated for consumptive use; and

(iii) utilising local knowledge and experience; and

(iv) having regard to Indigenous values; and

(v) having regard to social and economic outcomes; and