Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

The Water Management Amendment Bill 2008 is cognate with this Bill.

Overview of Bill

The object of this Bill is to refer certain matters relating to the Murray-Darling Basin
and other water management matters to the Commonwealth Parliament so as to
enable the Commonwealth Parliament to make laws about those matters. The
proposed Act will be enacted for the purposes of section 51 (xxxvii) of the
Commonwealth Constitution, which enables State Parliaments to refer matters to the
Commonwealth Parliament.

The Bill operates by reference to the text of Schedule 1 to the proposed
Commonwealth Water Amendment Bill 2008 so as to enable the enactment and future
amendment of provisions set out in that Schedule that are to be included in the
Commonwealth Water Act 2007.

The Bill also makes consequential and related amendments to the Water
Management Act 2000 and other Acts, and repeals the Murray–Darling Basin Act
1992.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act. The referral
provisions commence on the date of assent to the proposed Act. The consequential
amendments and repeal of existing legislation are to be commenced on the
commencement of the proposed Commonwealth legislation.

Clause 3 defines certain words and expressions used in the proposed Act. The text
of the proposed Commonwealth legislation subject to the referral is defined by
reference to the text tabled in the House of Assembly of South Australia in
conjunction with the introduction of the referral legislation in that State (since it is
anticipated that South Australia will be the first State to introduce its referral
legislation). A copy of the text is also to be tabled for information in the Legislative
Assembly of New South Wales in conjunction with the introduction of this Bill.

Clause 4 deals with the references to the Commonwealth Parliament.

Clause 4 (1) (a) (“the initial reference”) refers in effect the matter of the
Commonwealth including in the Commonwealth Water Act 2007 provisions in the
terms, or substantially in the terms, set out in Schedule 1 of the tabled text. The
expression “substantially in the terms” of the tabled text will enable minor
adjustments to be made to the tabled text.

Clause 4 (1) (b) (“the amendment reference”) refers in effect the matter of the
Commonwealth amending in future the provisions enacted in reliance on the initial
reference. The referred subject-matters are limited to the following:

(a) the powers, functions and duties of Commonwealth agencies that:

        (i) relate to Basin water resources, and
        (ii) are conferred by or under the Murray-Darling Basin Agreement,

(b) the management of Basin water resources to meet critical human water needs,

(c) water charging in relation to Basin water resources (other than for urban water
supply after the removal of the water from a Basin water resource),

(d) the transformation of entitlements to water from a Basin water resource to
enable trading in those water entitlements,

(e) the application, in relation to water resources that are not Basin water
resources, of provisions of the Commonwealth Water Act dealing with the
subject-matters specified in paragraphs (c) and (d) (being an application of a
kind that is authorised by the law of this State),

(f) the transfer of assets, rights and liabilities of the Murray-Darling Basin
Commission to the Murray-Darling Basin Authority established by the
Commonwealth Water Act, and other transitional matters relating to the
replacement of that Commission.

Clause 5 deals with the termination of the period of the references specified under
clause 4 (namely, the period ending on a day fixed by the Governor by proclamation).

The clause enables the period of both references to be terminated or only the period
of the amendment reference.

Clause 6 makes it clear that the separate termination of the period of the amendment
reference does not affect laws already in place. Accordingly, the amendment
reference continues to have effect to support those laws unless the period of the initial
reference is also terminated.

Clause 7 provides for the accuracy of a copy of the tabled text to be certified by the
Clerk of the House of Assembly of South Australia. Such a certificate is evidence of
the accuracy of the tabled text and that the text was in fact tabled as contemplated by
the Bill.

Clause 8 is a formal provision that gives effect to the amendments to the Water
Management Act 2000 set out in Schedule 1.

Clause 9 is a formal provision that gives effect to consequential amendments to
other Acts set out in Schedule 2.

Clause 10 repeals the Murray–Darling Basin Act 1992.

Clause 11 deems the existing River Murray Traffic Regulation 2005 made under the
Murray–Darling Basin Act 1992 to be made under the replacement provisions
inserted by Schedule 1 into the Water Management Act 2000.

Schedule 1 Amendment of Water Management Act
2000
Schedule 1 [1]–[8] and [10] contain consequential amendments, including to the
compensation arrangements under the Act in relation to reductions in water
allocations to bring them into line with the National Water Initiative.

Schedule 1 [9] inserts proposed Part 3A into Chapter 8 of the Act so as:

(a) to make provision for the appointment of the NSW representative on the
proposed Basin Officials Committee, and

(b) to confer on State agencies (such as the State Water Corporation and the Water
Administration Ministerial Corporation) the relevant functions and powers
that the Murray-Darling Basin Agreement confers on the States who are
parties to the Agreement.

Schedule 2 Consequential amendment of other Acts
Schedule 2 makes consequential amendments to the Snowy Hydro Corporatisation
Act 1997, the State Authorities Superannuation Act 1987 and the Superannuation Act
1916.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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