WATER ACT 2007 - SECT 48 Minister may adopt amendment of Basin Plan

WATER ACT 2007 - SECT 48

  (1)   Within 12 weeks after the Authority gives the Minister an amendment of the Basin Plan, the Minister must:

  (a)   consider the amendment; and

  (b)   either:

  (i)   adopt, in writing, the amendment; or

  (ii)   give the amendment back to the Authority with suggestions for consideration by the Authority.

  (2)   If the Minister gives the amendment back to the Authority with suggestions, the Authority must:

  (a)   consider the suggestions; and

  (b)   undertake such consultations in relation to the suggestions as the Authority considers necessary or appropriate; and

  (c)   give the Minister either:

  (i)   an identical version of the amendment; or

  (ii)   an altered version of the amendment;

    together with the Authority's views on the Minister's suggestions.

  (3)   As soon as practicable after the Authority gives the Minister a version of the amendment under subsection   (2), the Minister:

  (a)   must consider that version of the amendment and the views given to the Minister under subsection   (2); and

  (b)   must either:

  (i)   adopt, in writing, that version of the amendment; or

  (ii)   direct the Authority, in writing, to make modifications to that version of the amendment and give it to the Minister for adoption.

  (4)   A direction under subparagraph   (3)(b)(ii) is not a legislative instrument.

  (5)   The Minister must not give a direction under subparagraph   (3)(b)(ii) in relation to:

  (a)   any aspect of the Basin Plan that is of a factual or scientific nature; or

  (b)   without limiting paragraph   (a), any of the matters referred to in:

  (i)   items   1, 2, 3 or 8 of the table in subsection   22(1); or

  (ii)   subsection   75(1).

  (5A)   To avoid doubt, subsections   47A(4) and (7) do not affect the Minister's power to give suggestions or directions to the Authority under this section.

  (6)   If the Minister gives a direction under subparagraph   (3)(b)(ii):

  (a)   the Authority must comply with the direction; and

  (b)   the Minister must adopt, in writing, the amendment given to the Minister in compliance with the direction.

  (7)   When the amendment is laid before a House of the Parliament under the Legislation Act 2003 , the Minister must also lay before that House a document that sets out:

  (a)   any direction the Minister gave under subparagraph   (3)(b)(ii) in relation to the amendment; and

  (b)   the Minister's reasons for giving that direction.

  (8)   If any part of the amendment was prepared by the Authority because, after having reviewed the Basin Plan under section   50, the Authority was satisfied that the Basin Plan should be amended (see section   52), the Minister must, by notifiable instrument, determine that the amendment affects water resource plan accreditations .

Note:   Broadly, the accreditation of a water resource plan ceases to have effect 3 years after an amendment that affects water resource plan accreditations comes into effect (see subsection   64(1)).