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2008
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
WATER AMENDMENT BILL 2008
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments to be Moved on Behalf of the Government
(Circulated by authority of the Minister for Climate Change and Water,
Senator the Honourable Penny Wong)
AMENDMENTS TO THE WATER AMENDMENT BILL 2008
GENERAL OUTLINE
The purpose of the Government amendments to the Water Amendment Bill 2008
is to:
1. Clarify the processes of the Murray-Darling Basin Authority (the
Authority) when the Authority is providing the proposed Basin Plan, or a
proposed amendment of the Basin Plan, to the Minister for adoption;
2. Recognise the adoption by New South Wales of the National Water
Initiative risk assignment framework;
3. Clarify that references to water access rights and interests held by
the Commonwealth in paragraph 108(3)(a) of the Water Amendment Bill 2008
(the Bill) extend to water access rights and interests held by any agency
of the Commonwealth; and
4. Extend the operation of paragraph 108(3)(d) of the Bill to cover
water access rights and interests held by the Commonwealth and any of its
agencies for the purposes of the Living Murray Initiative, including
water access rights and interests held by the Commonwealth Department of
the Environment, Water, Heritage and the Arts, to ensure that water
access rights and interests acquired under the Living Murray Initiative
will continue to be managed under the Living Murray Initiative in the
future, consistent with the agreement reached between the Commonwealth
and Basin States in the Agreement on Murray-Darling Basin Reform.
FINANCIAL IMPACT STATEMENT
The Government amendments will have no financial impact.
NOTES ON INDIVIDUAL CLAUSES
Amendments (1) to (4) - Schedule 2, page 273, after item 59, after proposed
item 59A and page 273, after item 63, after proposed item 63A
1. Amendments (1) and (3) amend sections 41 and 45 of the Water Act 2007
to clarify that when giving the proposed Basin Plan, or a proposed
amendment of the Basin Plan to the Minister for adoption, the
Authority must also give the Minister the summaries of the public
submissions received by it and an explanation of the resulting changes
the Authority has made to the proposed Basin Plan or proposed
amendment of the Basin Plan. These summaries and explanations are
required under subsections 43(11) and 47(11) and paragraphs 43A(6)(d)
and 47A(5)(d).
2. Amendments (2) and (4) amend subsections 43(11) and 47(11) by deleting
paragraph (b) in each subsection. In light of the requirement that the
Authority provide a copy of the proposed Basin Plan, or proposed
amendment to the Ministerial Council for consideration prior to
submitting the Basin Plan to the Minister for adoption (sections 43A
and 47A), the provision of the proposed Basin Plan, or proposed
amendment of the Basin Plan to the Minister for adoption (together
with the associated consultation documents) should no longer occur at
the conclusion of the process provided for in sections 43 and 47.
3. Rather, the giving of the proposed Basin Plan, or proposed amendment
to the Basin Plan to the Minister for adoption, together with
associated consultation documents, is now provided for in sections 41
and 45. It will occur after all of the consultations on the proposed
Basin Plan or proposed amendment of the Basin Plan are complete.
Amendment (5) - Schedule 2, item 77, page 279 (after line 27), after
subsection 74A(2)
4. On Wednesday 24 September 2008, the New South Wales Legislative
Assembly and Legislative Council passed the Water (Commonwealth
Powers) Act 2008 (NSW). This Act received the Royal Assent on Thursday
26 September 2008.
5. The Water (Commonwealth Powers) Act 2008 (NSW) made amendments to the
Water Management Act 2000 (NSW) to adopt the National Water Initiative
risk assignment framework, as modified by clause 10.1.3 of the
Agreement on Murray-Darling Basin Reform of 3 July 2008. The
Government undertook that if any State applied this risk assignment
framework in its legislation prior to the Water Amendment Bill 2008
(the Bill) being passed by the House of Representatives, it would move
an amendment to the Bill to include a provision that deems the
Minister to have made the determination referred to in section 74A of
the Bill in respect of that State.
6. As New South Wales has now satisfied this condition, the Government is
moving amendment (5) to give effect to its commitment.
Amendments (6) to (8) - Schedule 2, item 93, page 282 (lines 26, 27 and 30)
7. Amendments (6) and (7) clarify that references to water access rights
and interests held by the Commonwealth in paragraph 108(3)(a) extend
to water access rights and interests held by any agency of the
Commonwealth.
8. Amendment (8) extends the operation of paragraph 108(3)(d) to cover
water access rights and interests held by the Commonwealth and any of
its agencies for the purposes of the Living Murray Initiative. The
paragraph was limited in the Bill as introduced into the House of
Representatives on 25 September 2008 to water access rights and
interests held by the Authority for the purposes of the Living Murray
Initiative. However, the Commonwealth Department of the Environment,
Water, Heritage and the Arts also holds water access rights and
interests for the purposes of the Living Murray Initiative. This
amendment ensures that water access rights and interests acquired
under the Living Murray Initiative will continue to be managed under
the Initiative into the future, consistent with the agreement reached
between the Commonwealth and Basin States in the Agreement on Murray-
Darling Basin Reform.
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