WATER ACT 2007 - SECT 65 Accrediting amendments of accredited water resource plans

WATER ACT 2007 - SECT 65

  (1)   An amendment of a water resource plan accredited under section   63 has no effect for the purposes of this Act unless the amendment is accredited under this section or section   66.

  (2)   A Basin State may:

  (a)   give the Authority a proposed amendment of a water resource plan that is accredited under section   63 for a water resource plan area that is located within the Basin State; and

  (b)   ask the Authority to give the proposed amendment to the Minister for accreditation.

Note:   The surface water of the Googong Dam Area is to be treated as if it were located in the Australian Capital Territory (see section   63A).

  (3)   The Authority must:

  (a)   consider the proposed amendment; and

  (b)   prepare recommendations for the Minister on whether the proposed amendment should be accredited; and

  (c)   give the Minister the proposed amendment and the recommendations.

  (4)   The Authority must not recommend that the Minister not accredit the proposed amendment unless the Authority:

  (a)   gives the Basin State written notice of the grounds on which the Authority considers that it should recommend that the Minister not accredit the amendment; and

  (b)   gives the Basin State the opportunity to make submissions to the Authority, within the period of 14 days after the notice referred to in paragraph   (a) is given, in relation to the grounds set out in the notice; and

  (c)   has regard to the submissions made by the Basin State within that period in deciding what recommendations to make to the Minister in relation to the amendment.

The Authority may, in writing, extend or further extend the period referred to in paragraph   (b).

  (5)   If the Authority gives the Minister a proposed amendment of a water resource plan and recommendations under subsection   (4), the Minister:

  (a)   must consider the amendment and the recommendations; and

  (b)   may either:

  (i)   accredit the amendment; or

  (ii)   not accredit the amendment.

  (6)   The Minister must accredit the amendment if the Minister is satisfied that the water resource plan, as amended, would be consistent with the Basin Plan.

  (7)   The decision by the Minister to accredit, or not to accredit, the amendment:

  (a)   must be made in writing; and

  (b)   is a legislative instrument, but section   42 (disallowance) of the Legislation Act 2003 does not apply to the decision.

  (8)   If:

  (a)   the Minister decides to accredit, or not to accredit, a proposed amendment of a water resource plan under subsection   (5); and

  (b)   that decision does not follow a recommendation that the Authority gives the Minister under subsection   (3);

the Minister must, when the Minister's decision is laid before a House of the Parliament under the Legislation Act 2003 , cause a copy of a statement that sets out the Minister's reasons for not following the Authority's recommendation to be laid before that House.

  (9)   The regulations may provide for:

  (a)   the time within which the steps provided for in this section are to be taken; and

  (b)   the process to be followed in taking the steps provided for in this section.