Commonwealth of Australia Explanatory Memoranda

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WATER AMENDMENT (LONG-TERM AVERAGE SUSTAINABLE DIVERSION LIMIT ADJUSTMENT) BILL 2012

                                         2010-2011-2012

             THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                               HOUSE OF REPRESENTATIVES




WATER AMENDMENT (LONG-TERM AVERAGE SUSTAINABLE DIVERSION LIMIT
                    ADJUSTMENT) BILL 2012




                   SUPPLEMENTARY EXPLANATORY MEMORANDUM

                   Amendments are to be moved on Behalf of the Government



(Circulated by the authority of the Minister for Sustainability, Environment, Water, Population and
                                           Communities)
WATER AMENDMENT (LONG-TERM AVERAGE SUSTAINABLE DIVERSION LIMIT
ADJUSTMENT) BILL 2012

GENERAL OUTLINE

1. The purpose of the government amendment is to include within the Water Amendment (Long-term
   Average Sustainable Diversion Limit Adjustment) Bill 2012 (the Bill) an additional requirement
   before an amendment to the Sustainable Diversion Limit is adopted, and to make the relevant
   Minister the decision maker on any amendments.

2.    The amendment Bill includes a requirement that members of the public are consulted and their
     submissions are considered before the Murray-Darling Basin Authority proposes an adjustment.

3. The amendment Bill also replaces previous 23B(6) with a clause that provides the relevant Minister
   with a discretionary decision to adopt or not adopt an amendment proposed by the Murray-Darling
   Basin Authority.

4. The government amendment also removes the proposed item 13 (proposed paragraph 33(2A)) the
   Bill so that the amendment to the Basin Plan is not a non-disallowable legislative instrument. This
   amendment reflects that the Minister has a discretionary decision in amending the Basin Plan under
   23B(6).

FINANCIAL IMPACT STATEMENT

5. This Bill does not appropriate funds.

REGULATORY IMPACT STATEMENT

6. A Regulatory Impact Statement (RIS) is not required.




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NOTES ON INDIVIDUAL CLAUSES

Amendment 1 - Schedule 1, item 10, page 6 (after line 11)

1. This amendment inserts at the end of subsection 23A(2) (after paragraph 23A(2)(c)) a new
   paragraph 23A(2)(d) which will apply if the Basin Plan includes provisions for the adjustment of
   the long-term average sustainable diversion limit under paragraphs 23A(1)(a) or (b). The
   amendment provides that the Plan must also include a requirement for the Murray-Darling Basin
   Authority not propose an adjustment under paragraphs 23A(1)(a) or (b) without inviting members
   of the public to make submissions to the Authority on the proposed adjustment and providing a
   reasonable amount of time for those submissions to be made and considered by the Authority.

Amendment 2 - Schedule 1, item 10, page 6 (after line 20)

2. This amendment omits the words "is adopted" and substitute "may be adopted". This reflects that
   the adoption of the amendment to the Basin Plan by the Minister is now a discretionary decision.

Amendment 3 - Schedule 1, item , page 9 (lines 12 to 18)

3. This amendment omits subsection 23B(6) and substitutes a new subsection. The new subsection
   requires that the Minister as soon as practicable after receiving the proposed amendment from the
   Authority, must consider the amendment and either adopt the amendment or decide not to adopt the
   amendment.

4. The Minister must adopt or not adopt the amendment in writing. If the Minster adopts the
   amendment this decision is a legislative instrument for the purposes of the Legislative Instruments
   Act 2003 as a result of item 11 of the Bill.

Amendment 4 - Schedule 1, item 13, page 9 (lines 28 to 32), omit the item.

5. This amendment omits paragraph 33(2A) of the Bill. That paragraph provides that an amendment to
   the Basin Plan under 23B(6) is not a disallowable legislative instrument for the purposes of the
   Legislative Instruments Act 2003.




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