WATER AMENDMENT (SAVING THE GOULBURN AND MURRAY RIVERS) BILL 2008

i Water Amendment (Saving the Goulburn and Murray Rivers) Bill 2008 No. , 2008

Contents

Short title ............................................................................................ 1

Commencement .................................................................................. 1

Schedule(s) ......................................................................................... 1

Schedule 1--Amendme nts to the Water Act 2007

Water Amendment (Saving the Goulburn and Murray Rivers) Bill 2008 No. , 2008 1

A Bill for an Act to amend the Water Act 2007 to

save the Goulburn and Murray Rivers, and for

related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Water Amendment (Saving the

Goulburn and Murray Rivers) Act 2008.

2 Commence ment

This Act commences on the day on which it receives the Royal

Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Schedule 1 A mendments to the Water Act 2007

2 Water Amendment (Saving the Goulburn and Murray Rivers) Bill 2008 No. , 2008

Schedule 1

Amendments to the Water Act

2007

1 Subsection 4(1)

Insert:

Water for Rivers means the entity incorporated as a public

company limited by guarantee in December 2003, arising out of

legal agreements by the Commonwealth, New South Wales and

Victorian Governments to achieve significant improvements in

environmental flows into the Snowy River and the River Murray.

2 After subsection 18H(1)

Insert:

(1A) Until the States of New South Wales, Victoria and South Australia

have each achieved the objective of increasing the flow of water in

the River Murray as required by the Living Murray Initiative, these

States' water savings programs are to be independently audited

and, as soon as the saved water becomes available, the water must

be allocated to the Living Murray Initiative and must not be used

for any other purpose.

3 At the end of section 21

Add:

Basin Plan not to permit taking water for additional uses outside

Basin

(8) The Basin Plan must ensure that no water is taken from Basin

water resources for use outside the Murray-Darling Basin unless,

prior to 3 July 2008, water would have been taken from Basin

water resources for that use.

Note:

3 July 2008 is the date the Commonwealth, the Basin States and the

Australian Capital Territory entered into an intergovernmental

agreement on Murray-Darling Basin Reform.

(9) The Basin Plan must not permit:

(a) the construction or operation of water infrastructure; or

(b) work in the nature of a river flow control work;

Amend ments to the Water Act 2007 Schedule 1

Water Amendment (Saving the Goulburn and Murray Rivers) Bill 2008 No. , 2008 3

if the primary purpose of that construction, operation or work is to

enable water to be taken contrary to subsection (8).

Note 1:

water infrastructure is defined in section 7(3).

Note 2:

river flow control work is defined in section 8 but has a meaning

affected by subsection (10).

(10) For the purposes of this section, river flow control work has the

meaning it would have if paragraph 8(2)(b) were repealed.

(11) To avoid doubt:

(a) the delivery of water for the initiatives of Water for Rivers

was an existing use of water prior to 3 July 2008; and

(b) the taking of water for the initiatives of Water for Rivers is

not contrary to subsection 21(8); and

initiatives of Water for Rivers is not contrary to subsection

257(1); and

(d) all commenced and provisionally agreed Snowy River

environmental flows are preserved and excluded from the

provisions of subsections 21(8), 21(9) and 257(1).

4 At the end of Part 12

Add:

257 Prohibited water infrastructure operations

(1) An infrastructure operator must not:

(a) construct or operate water infrastructure; or

(b) undertake work in the nature of a river flow control work;

if the primary purpose of that construction, operation or work is to

enable water to be taken from Basin water resources for use

outside the Murray-Darling Basin.

Note 1:

infrastructure operator and water infrastructure are defined in

section 7.

Note 2:

river flow control work is defined in section 8 but has a meaning

affected by subsection (3).

(2) Subsection (1) does not apply if, prior to 3 July 2008, water would

have been taken from Basin water resources for that use.

Commonwealth of Australia Bills

WATER AMENDMENT (SAVING THE GOULBURN AND MURRAY RIVERS) BILL 2008