• Specific Year
    Any

WATER ACT 2007 - SECT 239W Regulations

WATER ACT 2007 - SECT 239W

Regulations

  (1)   The regulations may provide for other transitional measures relating to the replacement of:

  (a)   the Murray - Darling Basin Commission; or

  (b)   the former MDB Agreement; or

  (c)   the former Murray - Darling Basin Ministerial Council.

  (2)   Without limiting subsection   (1), regulations under that subsection may provide for powers of the Murray - Darling Basin Commission or the former Murray - Darling Basin Ministerial Council:

  (a)   that were exercisable under the former MDB Agreement; and

  (b)   that are not otherwise provided for in this Act;

to be exercised by the Authority, the Basin Officials Committee or the Murray - Darling Basin Ministerial Council.

  (3)   Without limiting subsection   (1), regulations under that subsection may provide for the ownership or control of weir no.5 Redbank and weir no.7 Maude.

  (4)   Regulations made for the purposes of subsection   (3) have effect despite section   239D.

 

Commonwealth Coat of Arms of Australia

Water Act 2007

No.   137, 2007

Compilation No. 30

Compilation date:   8 December 2023

Includes amendments:   Act No. 111, 2023

Registered:   4 January 2024

This compilation is in 2 volumes

Volume 1:   sections   1- 239W

Volume 2:   sections   241- 256

  Schedules

  Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Water Act 2007 that shows the text of the law as amended and in force on 8 December 2023 (the compilation date ).

The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

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

255C   Transitional provisions relating to amendments

256   Regulations

Schedule   1--The Murray - Darling Basin Agreement

Schedule   1A--The Murray - Darling Basin

Schedule   2--Basin water charging objectives and principles

Part   1--Preliminary

1   Objectives and principles

Part   2--Water charging objectives

2   Water charging objectives

Part   3--Water charging principles

3   Water storage and delivery

4   Cost recovery for planning and management

5   Environmental externalities

6   Benchmarking and efficiency reviews

Schedule   3--Basin water market and trading objectives and principles

1   Definitions

2   Objectives and principles

3   Basin water market and trading objectives

4   Basin water market and trading principles

Schedule   3A--Risk assignment framework

Part   1--Clauses   48 to 50 of the National Water Initiative

Part   2--Clause   10.1.3 of the Agreement on Murray - Darling Basin Reform of 3   July 2008

Schedule   4--Transitional water resource plans

Schedule   10--Transitional provisions relating to amendments

Part   1--Transitional provisions relating to the Water Amendment Act 2018

1   Application of amendments

2   Transitional

Part   2--Transitional provisions relating to the Water Legislation Amendment (Inspector - General of Water Compliance and Other Measures) Act 2021

Division   1--Amendments to Schedule   1 to this Act made by regulations

1   Application of amendments--amendments to Schedule   1 to this Act made by regulations

Division   2--Other amendments

2   Definitions

3   Appropriate enforcement agency

4   Legal proceedings involving the Murray - Darling Basin Authority

5   Enforceable undertakings

6   Enforcement notices

7   Public warning notices

8   Offences and civil penalty provisions

9   Credits to the Murray - Darling Basin Special Account

10   Disclosure of information by the Authority

11   Inquiry may relate to matters occurring before, on or after commencement day

12   Inspector - General's first annual work plan

13   Inspector - General's compliance powers

14   Declaration by the Authority before commencement day relating to restrictions on trading water access right

15   Declaration by the Authority before commencement day permitting application of exchange rate to trade of water access entitlement

16   Audits

17   Regulations may provide for other transitional matters relating to the Inspector - General

Part   3--Application provision relating to the Water Amendment (Restoring Our Rivers) Act 2023

1   Application of amendments

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history