WATER ACT 2007 - SECT 47A Authority to seek comments from Murray - Darling Basin Ministerial Council on proposed amendment of Basin Plan
WATER ACT 2007 - SECT 47A
Authority to seek comments from Murray - Darling Basin Ministerial Council on proposed amendment of Basin Plan(1) This section applies once the Authority has complied with section 47 in relation to a proposed amendment of the Basin Plan.
(2) Without limiting subsection 46(1), the Authority must give each member of the Murray - Darling Basin Ministerial Council a copy of the proposed amendment of the Basin Plan (incorporating any alterations it has made under paragraph 47(10)(b)).
(3) The Murray - Darling Basin Ministerial Council must, within 6 weeks after the Authority complied with subsection (2), give the Authority a written notice:
(a) stating that neither the Murray - Darling Basin Ministerial Council nor any of its members have any comments on the proposed amendment; or
(b) stating that the Murray - Darling Basin Ministerial Council, or one or more of its members, disagrees with one or both of the following:
(i) the long - term average sustainable diversion limits proposed in the proposed amendment;
(ii) any other aspect of the proposed amendment in relation to which the Minister may give a direction under subparagraph 48(3)(b)(ii);
and specifying the nature of the disagreement.
Note: Subsection 48(5) specifies matters in relation to which the Minister must not give a direction.
(4) If the Murray - Darling Basin Ministerial Council does not give the Authority such a notice within that period of 6 weeks, the Murray - Darling Basin Ministerial Council and its members are taken not to have any comments on the proposed amendment.
(5) If the Murray - Darling Basin Ministerial Council gives the Authority a notice that states under paragraph (3)(b) matters with which the Murray - Darling Basin Ministerial Council, or one or more of its members, disagrees, the Authority must:
(a) consider the matters; and
(b) undertake such consultations in relation to the matters as the Authority considers necessary or appropriate; and
(i) confirm the proposed amendment, and give each member of the Murray - Darling Basin Ministerial Council a copy of the unaltered proposed amendment, together with the Authority's views on the matters; or
(ii) alter the proposed amendment, and give each member of the Murray - Darling Basin Ministerial Council a copy of the altered proposed amendment, together with the Authority's views on the matters; and
(d) prepare a document that summarises:
(i) any submissions it received in response to the consultations referred to in paragraph (b); and
(ii) how it addressed those submissions; and
(iii) the extent (if any) to which its consideration of those submissions has affected the version of the Plan, or the views, given to the members of the Murray - Darling Basin Ministerial Council under paragraph (c); and
(e) publish on its website a copy of the document prepared under paragraph (d).
(6) The Murray - Darling Basin Ministerial Council must, within 3 weeks after the Authority complied with paragraph (5)(c), give the Minister a written notice:
(a) stating that neither the Murray - Darling Basin Ministerial Council nor any of its members express any further views on the proposed amendment; or
(b) setting out the views of the Murray - Darling Basin Ministerial Council, or one or more of its members, on one or both of the following:
(i) the long - term average sustainable diversion limits proposed in the proposed amendment;
(ii) any other aspect of the proposed Basin Plan in relation to which the Minister may give a direction under subparagraph 48(3)(b)(ii).
Note: Subsection 48(5) specifies matters in relation to which the Minister must not give a direction.
(7) If the Murray - Darling Basin Ministerial Council does not
give the Minister such a notice within that period of 3 weeks, the Murray -
Darling Basin Ministerial Council and its members are taken not to express any
further views on the proposed amendment.