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WATER ACT 2007


TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Objects  
   4.      Definitions  
   5.      Application of the Acts Interpretation Act 1901 to Parts 1A, 2A, 4, 4A, 10A and 11A  
   6.      Planned environmental water  
   7.      Infrastructure operators etc.  
   8.      River flow control works  
   9.      Constitutional basis for Act  
   9A.     Constitutional basis of Parts 1A, 2A, 4, 4A, 10A and 11A  
   10.     Basis for Basin water charge, water trading and water market rules  
   11.     Reading down provision in relation to the operation of sections 99 and 100 of the Constitution  
   12.     Application to Crown etc.  
   12A.    Actions of the Murray-Darling Basin Ministerial Council  
   13.     The Native Title Act 1993 not affected  

   PART 1A--THE MURRAY-DARLING BASIN AGREEMENT

           Division 1--Preliminary

   18A.    Definitions  
   18B.    Meaning of referring State  

           Division 2--The Murray-Darling Basin Agreement

   18C.    Amendment of Schedule 1  
   18D.    Protocols made by the Authority  

           Division 3--Functions, powers and duties under the Agreement

   18E.    Additional functions, powers and duties of the Authority  
   18F.    Additional functions, powers and duties of the Basin Community Committee  
   18G.    Management of money and assets  
   18H.    Managing water access rights etc. for the Living Murray Initiative  

   PART 2--MANAGEMENT OF BASIN WATER RESOURCES

           Division 1--Basin Plan

              Subdivision A--Introduction

   19.     Simplified outline  

              Subdivision B--Basin Plan, its purpose and contents

   20.     Purpose of Basin Plan  
   21.     General basis on which Basin Plan to be developed  
   22.     Content of Basin Plan  
   23.     Long-term average sustainable diversion limits  
   23A.    Proposing adjustments of long-term average sustainable diversion limits  
   23B.    Adopting proposed adjustments as amendments of Basin Plan  
   24.     Temporary diversion provision  
   25.     Water quality and salinity management plan  
   26.     Water trading and transfer rules  
   27.     Basin Plan to be published on Authority's website  

              Subdivision C--Environmental management

   28.     Environmental watering plan  
   29.     Authority to consult holders and managers of environmental water in implementing environmental watering plan  
   30.     Environmental watering schedules  
   31.     Authority to coordinate delivery of environmental water  
   32.     Authority to identify and account for held environmental water  

              Subdivision D--Effect of Basin Plan

   33.     Basin Plan is a legislative instrument  
   34.     Effect of Basin Plan on Authority and other agencies of the Commonwealth  
   35.     Effect of Basin Plan on other agencies and persons  
   36.     Constitutional operation of section 35 (general)  
   37.     Constitutional operation of section 35 (water trading rules)  
   38.     Regulations may provide for exceptions  
   39.     Obligations under both Basin Plan and water resource plans  
   40.     Effect on State laws  

              Subdivision E--Procedure for making Basin Plan

   41.     Authority to prepare Basin Plan and give to Minister for adoption  
   42.     Consultations by Authority in preparing Basin Plan  
   43.     Authority to seek submissions on proposed Basin Plan  
   43A.    Authority to seek comments from Murray-Darling Basin Ministerial Council on proposed Basin Plan  
   44.     Minister may adopt Basin Plan  

              Subdivision F--Amendment of Basin Plan

   45.     Authority may prepare amendment of Basin Plan  
   46.     Consultations by Authority in preparing amendment of Basin Plan  
   47.     Authority to seek submissions on proposed amendment of Basin Plan  
   47A.    Authority to seek comments from Murray-Darling Basin Ministerial Council on proposed amendment of Basin Plan  
   48.     Minister may adopt amendment of Basin Plan  
   49.     Minor or non-substantive amendments of Basin Plan  

              Subdivision G--Review of Basin Plan

   49A.    Authority to advise Murray-Darling Basin Ministerial Council on impacts of Basin Plan  
   50.     Review of Basin Plan--general  
   51.     Authority to prepare discussion paper and seek submissions  
   52.     Review may lead to amendment of Basin Plan  

              Subdivision H--Annual analysis of Basin Plan's effectiveness

   52A.    Annual analysis of Basin Plan's effectiveness  

           Division 2--Water resource plans for particular water resource plan areas

              Subdivision A--Introduction

   53.     Simplified outline  

              Subdivision B--Water resource plans

   54.     Water resource plans for water resource plan areas  
   55.     Content of water resource plan  
   56.     General basis for accrediting and making water resource plans  

              Subdivision C--Effect of a water resource plan

   57.     Water resource plan adopted under section 69 is a legislative instrument  
   58.     Effect of water resource plan on Authority and other agencies of the Commonwealth  
   59.     Effect of water resource plan on other agencies and bodies  
   60.     Constitutional operation of section 59 (general)  
   61.     Constitutional operation of section 59 (water trading rules)  
   62.     Regulations may provide for exceptions  

              Subdivision D--Accrediting water resource plans prepared by Basin States

   63.     Accrediting water resource plans prepared by Basin States  
   63A.    Googong Dam Area to be treated as if located in the Australian Capital Territory  
   64.     Duration of accreditation  
   65.     Accrediting amendments of accredited water resource plans  
   66.     Accrediting minor or non-substantive amendments of accredited water resource plans  
   67.     Authority may assist Basin State to prepare water resource plan  

              Subdivision E--Water resource plans prepared by Authority and adopted by Minister

   68.     Minister may request Authority to prepare water resource plan  
   69.     Minister may adopt water resource plan  
   70.     Duration of plan adopted under section 69  

              Subdivision F--Reporting obligations

   71.     Reporting obligations of Basin States  

           Division 3--Procedures to be followed before taking step-in action

   72.     Scope of Division  
   73.     Procedure to be followed before exercising step-in power  

           Division 4--Allocation of risks in relation to reductions in water availability

              Subdivision A--Risks arising from reductions in diversion limits

   74.     Simplified outline  
   74A.    States applying the risk assignment framework  
   75.     Basin Plan to specify Commonwealth share of reduction in long-term average sustainable diversion limit  
   76.     Commonwealth to manage Commonwealth share of reduction in diversion limit  
   77.     Payments to water access entitlement holders  
   78.     Applying Subdivision when transitional or interim water resource plan ends  
   79.     Regulations  

              Subdivision B--Risks arising from other changes to Basin Plan

   80.     Simplified outline  
   81.     Basin Plan to specify certain matters if Plan results in change in reliability of water allocations  
   82.     Commonwealth to manage Commonwealth share of change in reliability  
   83.     Payments to water access entitlement holders  
   84.     Applying Subdivision when transitional or interim water resource plan ends  
   85.     Regulations  
   85A.    Operation of Subdivision  

           Division 5--1,500 gigalitre limit on water purchases

   85B.    Simplified outline of this Division  
   85C.    1,500 gigalitre limit on water purchases  
   85D.    Validity of contracts  

   PART 2AA--WATER FOR THE ENVIRONMENT SPECIAL ACCOUNT

   86AA.   Object of this Part  
   86AB.   Water for the Environment Special Account  
   86AC.   Credits to the Water for the Environment Special Account  
   86AD.   Purposes of the Water for the Environment Special Account  
   86AE.   Commonwealth environmental water holdings  
   86AF.   Arrangements to make payments  
   86AG.   Amounts to be credited to the Water for the Environment Special Account  
   86AI.   Annual report  
   86AJ.   Reviews of this Part  

   PART 2A--CRITICAL HUMAN WATER NEEDS

   86A.    Critical human water needs to be taken into account in developing Basin Plan  
   86B.    Basin Plan to provide for critical human water needs  
   86C.    Additional matters relating to monitoring, assessment and risk management  
   86D.    Additional matters relating to Tier 2 water sharing arrangements  
   86E.    Additional matters relating to Tier 3 water sharing arrangements  
   86F.    Emergency responses to the reaching of trigger points  
   86G.    Effect of this Part on Authority and other agencies of the Commonwealth  
   86H.    Effect of this Part on other agencies and persons  
   86J.    Additional powers of the Authority  

   PART 3--PRODUCTIVITY COMMISSION INQUIRIES

   87.     Productivity Commission inquiry--Basin Plan and water resource plans  
   88.     Productivity Commission inquiry--National Water Initiative  
   89.     Stakeholder working group  

   PART 4--BASIN WATER CHARGE AND WATER MARKET RULES

           Division 1--Water charge rules

   91.     Regulated water charges  
   92.     Water charge rules  
   93.     Process for making water charge rules  
   94.      ACCC to monitor water charges and compliance  
   95.     Minister may formulate model water charge rules  
   96.     Transitional provisions relating to water charge rules  

           Division 2--Water market rules

   97.     Water market rules  
   98.     Process for making water market rules  
   99.     ACCC to monitor transformation arrangements and compliance  
   100.    Transitional provisions relating to water market rules  

           Division 3--Miscellaneous

   100A.   Functions and powers of the ACCC  

   PART 4A--EXTENDED OPERATION OF BASIN WATER CHARGE AND WATER MARKET RULES

   100B.   Extended operation of Basin water charge rules  
   100C.   Extended operation of Basin water market rules  
   100D.   Functions and powers of the ACCC  

   PART 6--COMMONWEALTH ENVIRONMENTAL WATER HOLDER

           Division 1--Establishment and functions

   104.    Establishment  
   105.    Functions  
   106.    Limitation on disposal of water and Commonwealth environmental water holdings  
   107.    Limitation on directions to Commonwealth Environmental Water Holder  
   108.    Meaning of Commonwealth environmental water holdings  
   109.    Operating rules  
   110.    Application of State laws to the Commonwealth Environmental Water Holder  

           Division 2--Environmental Water Holdings Special Account

   111.    Establishment of the Environmental Water Holdings Special Account  
   112.    Credits of amounts to the Account  
   113.    Purpose of the Account  

           Division 3--Reporting requirements

   114.    Annual report  

           Division 4--Appointment, staff and delegation

   115.    Appointment  
   116.    Staff  
   117.    Delegation  

   PART 7--WATER INFORMATION

           Division 1--Application of this Part

   118.    Geographical application of this Part  
   119.    Application of this Part limited to certain legislative powers  

           Division 2--Functions and powers of the Bureau and Director of Meteorology

   120.    Additional functions of the Bureau  
   121.    Contents of the National Water Account  
   122.    Publishing water accounts  
   123.    Publishing water information  

           Division 3--Water information

   124.    Object of this Division  
   125.    Meaning of water information etc.  
   126.    Giving of water information to the Bureau  
   127.    Director of Meteorology may require water information  
   128.    Prohibitions on disclosure of information do not apply  
   129.    Ownership etc. of information unaffected by its disclosure  

           Division 4--National Water Information Standards

   130.    National Water Information Standards  
   131.    Adoption of other standards  
   132.    Consultations in preparing National Water Information Standards  
   133.    Compliance notices  

           Division 5--Miscellaneous

   134.    Delegation by Director of Meteorology  
   135.    Directions by Minister  

   PART 8--ENFORCEMENT

           Division 1--Preliminary

   136.    Contraventions to which this Part applies  
   137.    Appropriate enforcement agency for contraventions to which this Part applies  
   138.    References to Court  
   139.    Jurisdiction of Federal Circuit Court  

           Division 2----Injunctions

   140.    Injunctions for contravention of the Act, regulations or rules  
   141.    Discharge or variation of injunctions  
   142.    Certain considerations for granting injunctions not relevant  
   143.    Powers conferred are in addition to other powers of the Court  

           Division 3----Declarations

   144.    Declarations of contravention  
   145.    Discharge or variation of declarations  

           Division 4--Civil penalties

              Subdivision A--Civil penalty orders

   146.    Civil penalty provisions  
   147.    Court may order person to pay pecuniary penalty for contravening civil penalty provision  
   148.    Contravening a civil penalty provision is not an offence  
   149.    Persons involved in contravening civil penalty provision  
   150.    Recovery of a pecuniary penalty  

              Subdivision B--Civil penalty proceedings and criminal proceedings

   151.    Civil proceedings after criminal proceedings  
   152.    Criminal proceedings during civil proceedings  
   153.    Criminal proceedings after civil proceedings  
   154.    Evidence given in proceedings for penalty not admissible in criminal proceedings  

           Division 5--Infringement notices

   155.    Object  
   156.    When an infringement notice can be given  
   157.    Matters to be included in an infringement notice  
   158.    Amount of penalty  
   159.    Withdrawal of an infringement notice  
   160.    Paying the penalty in accordance with the notice  
   161.    Effect of this Division on civil proceedings  
   162.    Regulations  

           Division 6--Enforceable undertakings

   163.    Acceptance of undertakings relating to contraventions to which this Part applies  
   164.    Enforcement of undertakings  

           Division 7--Enforcement notices

   165.    Authority may issue an enforcement notice  
   166.    Breach of enforcement notice--civil penalty provision  
   167.    Discharge or variation of enforcement notices  

           Division 8--Liability of executive officers of corporations

   168.    Civil penalties for executive officers of bodies corporate  
   169.    Did an executive officer take reasonable steps to prevent contravention?  

           Division 9--Conduct of directors, employees and agents

   170.    Conduct of directors, employees and agents  

   PART 9--MURRAY-DARLING BASIN AUTHORITY (ADMINISTRATIVE PROVISIONS)

           Division 1--Authority's establishment, functions, powers and liabilities

   171.    Establishment  
   172.    Authority's functions  
   173.    Authority's powers  
   174.    Amounts payable by the Commonwealth  
   175.    Minister may give directions to Authority  

           Division 2--Authority's constitution and membership

              Subdivision A--Authority's constitution

   176.    Authority's constitution  

              Subdivision B--Authority's membership

   177.    Authority's membership  
   178.    Appointment of Authority members  
   179.    Period of appointment for Authority members  
   180.    Acting Authority members  

              Subdivision C--Terms and conditions for Authority members

   181.    Remuneration  
   182.    Disclosure of interests  
   185.    Outside employment  
   186.    Member of the governing body of a relevant interest group  
   187.    Leave of absence  
   188.    Resignation  
   189.    Termination of appointment  
   190.    Other terms and conditions  

           Division 3--Decision-making and delegation by Authority

              Subdivision A--Meetings

   191.    Holding of meetings  
   192.    Presiding at meetings  
   193.    Quorum  
   194.    Decisions at meetings etc.  
   195.    Conduct of meetings  
   196.    Minutes  

              Subdivision B--Decisions without meetings

   197.    Decisions without meetings  
   198.    Record of decisions  

              Subdivision C--Delegation

   199.    Delegation by Authority  
   200.    Limits on how some functions and powers can be delegated  

              Subdivision D--Basin Officials Committee

   201.    Basin Officials Committee  
   201A.   Appointment of Chair of the Basin Officials Committee  
   201B.   Acting Chair of the Basin Officials Committee  
   201C.   Period of appointment for Chair of the Basin Officials Committee  

              Subdivision E--Other advisory committees

   202.    Basin Community Committee  
   203.    Other advisory committees  
   204.    Appointments to advisory committees  
   205.    Procedural matters  

           Division 4--Authority's staff etc

   206.    Staff  
   207.    Persons assisting Authority  
   208.    Chief Executive not to be directed about certain matters  
   208A.   Chief Executive is accountable authority  

           Division 5--Finance and reporting requirements

              Subdivision A--Murray-Darling Basin Special Account

   209.    Murray-Darling Basin Special Account  
   210.    Credits to the Account  
   211.    Purposes of the Account  
   211A.   Operation of earlier transitional provision  

              Subdivision B--Authority may charge fees

   212.    Fees  

              Subdivision C--Exemption from taxation and charges etc

   213.    Exemption from taxation and charges etc.  

              Subdivision CA--Corporate plan

   213A.   Corporate plan  
   213B.   Variation of corporate plan  

              Subdivision D--Reporting requirements

   214.    Annual report  

           Division 6--Confidentiality

   215.    Confidentiality  

   PART 10--MURRAY-DARLING BASIN AUTHORITY (SPECIAL POWERS)

           Division 1--Application of this Part

   216.    Application of this Part limited to certain legislative powers  

           Division 2--Entry onto land etc

              Subdivision A--Authorised officers

   217.    Appointment of authorised officers  
   218.    Identity cards  

              Subdivision B--Powers to enter land etc

   219.    When authorised officers can enter premises  
   220.    Obligations of authorised officers before entering premises  
   221.    Powers of authorised officers while on premises  
   222.    Duties of authorised officers  

              Subdivision C--Powers to enter land etc

   223.    Entering premises to monitor compliance  
   224.    Entering premises to search for evidential material  
   225.    Monitoring warrants  
   226.    Contravention-related warrants  
   227.    Contravention-related warrants by telephone, telex, fax etc.  
   228.    Obligations of authorised officers--all cases  
   229.    Obligations of authorised officers--entry by consent  
   230.    Obligations of authorised officers--entry by warrant  
   231.    Use of equipment at premises  
   232.    Expert assistance to operate a thing  
   233.    Compensation for damage  
   234.    Offences relating to warrants  
   235.    Subdivision does not apply to authorised officers who are contractors  

              Subdivision D--Other matters

   236.    Division not to abrogate privilege against self-incrimination  
   237.    Occupier entitled to be present during entry  

           Division 3--Information gathering

   238.    Power to request information  
   239.    Prohibitions on disclosure of information do not apply  

   PART 10A--TRANSITIONAL MATTERS RELATING TO THE MURRAY-DARLING BASIN COMMISSION

           Division 1--Preliminary

   239A.   Definitions  
   239B.   Application of this Part  

           Division 2--Assets, liabilities and legal proceedings

   239C.   Vesting of assets of Murray-Darling Basin Commission  
   239D.   River Murray Operations assets unaffected  
   239E.   Living Murray Initiative assets unaffected  
   239F.   Vesting of liabilities of Murray-Darling Basin Commission  
   239G.   Certificates relating to vesting of land etc.  
   239H.   Certificates relating to vesting of assets other than land etc.  
   239J.   Substitution of Authority as a party to pending proceedings  
   239K.   Rights to sue President or Commissioner become rights to sue Authority  
   239L.   President's or Commissioner's rights to sue become rights of Authority  
   239M.   Transfer of custody of Murray-Darling Basin Commission records  

           Division 3--Effect on instruments and things done

   239N.   References in certain instruments to Murray-Darling Basin Commission etc.  
   239P.   Things done by, or in relation to, the Murray-Darling Basin Commission etc. under Acts and instruments  
   239Q.   Things done under the former MDB Agreement  
   239R.   Continuation of committees established by Murray-Darling Basin Commission  
   239S.   Continuation of Murray-Darling Basin Commission's corporate plan  

           Division 4--Financial matters

   239T.   Financial matters  

           Division 5--Miscellaneous

   239U.   Exemption from stamp duty and other State or Territory taxes  
   239V.   Certificates taken to be authentic  
   239W.   Regulations  

   PART 11--TRANSITIONAL ARRANGEMENTS FOR WATER RESOURCE PLANS

   241.    Transitional water resource plans  
   242.    Interim water resource plans  
   243.    Transitional water resource plans taken to have been accredited  
   244.    Interim water resource plans taken to have been accredited  
   245.    Operation of transitional water resource plans and interim water resource plans  
   246.    Amendment of transitional water resource plans and interim water resource plans  
   247.    Authority may provide assistance  

   PART 11A--INTERACTIONS WITH STATE LAWS

   250A.   Meaning of Commonwealth water legislation  
   250B.   Concurrent operation intended  
   250C.   Commonwealth water legislation does not apply to matters declared by law of referring State to be excluded matters  
   250D.   Avoiding direct inconsistency arising between the Commonwealth water legislation and laws of referring States  
   250E.   Regulations may modify operation of the Commonwealth water legislation to deal with interaction between that legislation and laws of referring States  

   PART 12----MISCELLANEOUS

   251.    Delegation by Minister  
   252.    Instruments not invalid for failure to publish on website  
   252A.   Dataset for Murray-Darling Basin to be publicly available  
   253.    Review of operation of Act  
   254.    Compensation for acquisition of property  
   255.    Act does not authorise compulsory acquisition of water access rights  
   255A.   Application of water charge rules in Basin States that are not referring States  
   255B.   Application of water market rules in Basin States that are not referring States  
   256.    Regulations  
           SCHEDULE 1 The Murray-Darling Basin Agreement
           SCHEDULE 1A The Murray-Darling Basin
           SCHEDULE 2 Basin water charging objectives and principles
           SCHEDULE 3 Basin water market and trading objectives and principles
           SCHEDULE 3A Risk assignment framework
           SCHEDULE 4 Transitional water resource plans


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