Commonwealth Consolidated Acts

WATER ACT 2007 - SECT 47A

             (1)  This section applies once the Authority has complied with section 47 in relation to a proposed amendment of the Basin Plan.

             (2)  Without limiting subsection 46(1), the Authority must give each member of the Murray-Darling Basin Ministerial Council a copy of the proposed amendment of the Basin Plan (incorporating any alterations it has made under paragraph 47(10)(b)).

             (3)  The Murray-Darling Basin Ministerial Council must, within 6 weeks after the Authority complied with subsection (2), give the Authority a written notice:

                     (a)  stating that neither the Murray-Darling Basin Ministerial Council nor any of its members have any comments on the proposed amendment; or

                     (b)  stating that the Murray-Darling Basin Ministerial Council, or one or more of its members, disagrees with one or both of the following:

                              (i)  the long-term average sustainable diversion limits proposed in the proposed amendment;

                             (ii)  any other aspect of the proposed amendment in relation to which the Minister may give a direction under subparagraph 48(3)(b)(ii);

                            and specifying the nature of the disagreement.

Note:          Subsection 48(5) specifies matters in relation to which the Minister must not give a direction.

             (4)  If the Murray-Darling Basin Ministerial Council does not give the Authority such a notice within that period of 6 weeks, the Murray-Darling Basin Ministerial Council and its members are taken not to have any comments on the proposed amendment.

             (5)  If the Murray-Darling Basin Ministerial Council gives the Authority a notice that states under paragraph (3)(b) matters with which the Murray-Darling Basin Ministerial Council, or one or more of its members, disagrees, the Authority must:

                     (a)  consider the matters; and

                     (b)  undertake such consultations in relation to the matters as the Authority considers necessary or appropriate; and

                     (c)  either:

                              (i)  confirm the proposed amendment, and give each member of the Murray-Darling Basin Ministerial Council a copy of the unaltered proposed amendment, together with the Authority's views on the matters; or

                             (ii)  alter the proposed amendment, and give each member of the Murray-Darling Basin Ministerial Council a copy of the altered proposed amendment, together with the Authority's views on the matters; and

                     (d)  prepare a document that summarises:

                              (i)  any submissions it received in response to the consultations referred to in paragraph (b); and

                             (ii)  how it addressed those submissions; and

                            (iii)  the extent (if any) to which its consideration of those submissions has affected the version of the Plan, or the views, given to the members of the Murray-Darling Basin Ministerial Council under paragraph (c); and

                     (e)  publish on its website a copy of the document prepared under paragraph (d).

             (6)  The Murray-Darling Basin Ministerial Council must, within 3 weeks after the Authority complied with paragraph (5)(c), give the Minister a written notice:

                     (a)  stating that neither the Murray-Darling Basin Ministerial Council nor any of its members express any further views on the proposed amendment; or

                     (b)  setting out the views of the Murray-Darling Basin Ministerial Council, or one or more of its members, on one or both of the following:

                              (i)  the long-term average sustainable diversion limits proposed in the proposed amendment;

                             (ii)  any other aspect of the proposed Basin Plan in relation to which the Minister may give a direction under subparagraph 48(3)(b)(ii).

Note:          Subsection 48(5) specifies matters in relation to which the Minister must not give a direction.

             (7)  If the Murray-Darling Basin Ministerial Council does not give the Minister such a notice within that period of 3 weeks, the Murray-Darling Basin Ministerial Council and its members are taken not to express any further views on the proposed amendment.