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WATER ACT 2007 - SECT 43

Authority to seek submissions on proposed Basin Plan

  (1)   This section applies once the Authority has prepared a proposed Basin Plan.

  (2)   The Authority must prepare a plain English summary of the proposed Basin Plan (including an outline of the scientific knowledge and socio - economic analysis on which the proposed Basin Plan is based).

  (3)   Without limiting subsection   42(1), the Authority must:

  (a)   give a copy of the proposed Basin Plan (and the summary) to the relevant State Minister for each of the Basin States; and

  (b)   invite the Basin State to make submissions to the Authority on the proposed Basin Plan; and

  (c)   allow the Basin State at least 16 weeks from when the invitation is given to make submissions to the Authority on the proposed Basin Plan.

  (4)   The Authority must:

  (a)   publish an invitation to members of the public to make submissions to the Authority on the proposed Basin Plan; and

  (b)   allow at least 16 weeks from the start of the consultation period for submissions on the proposed Basin Plan.

  (5)   The invitation under paragraph   (4)(a) must be published:

  (a)   in the Gazette ; and

  (b)   in a newspaper circulating generally in each Basin State; and

  (c)   on the Authority's website.

The consultation period starts when the invitation is published in the Gazette .

  (6)   The invitation under paragraph   (4)(a) must:

  (a)   specify how a person may obtain a copy of the proposed Basin Plan (and the summary); and

  (b)   specify a physical address, and an email address, to which a person may send submissions on the proposed Basin Plan to the Authority; and

  (c)   specify the date by which submissions must be received by the Authority; and

  (d)   indicate that submissions that a person makes to the Authority on the proposed Basin Plan will be published on the Authority's website unless the person specifically requests the Authority to treat the submissions (or a particular part of the submissions) confidentially.

  (7)   The Authority must make the proposed Basin Plan (and the summary) available on its website.

  (8)   The Authority must publish on its website the submissions it receives on the proposed Basin Plan in response to the invitations issued under subsections   (3) and (4).

  (9)   Subsection   (8) does not apply to the submissions (or a particular part of the submissions) that a person makes to the Authority if the person requests the Authority to treat the submissions (or that part of the submissions) confidentially.

Note:   See paragraph   (6)(d).

  (10)   The Authority:

  (a)   must consider any submissions it receives in response to the invitations issued under subsections   (3) and (4); and

  (b)   may alter the Basin Plan as a result of its consideration of those submissions.

  (11)   The Authority must:

  (a)   prepare a document that:

  (i)   gives a broad outline of any changes that the Authority makes to the proposed Basin Plan after the start of the consultation period; and

  (ii)   summarises any submissions it received in response to the invitations issued under subsections   (3) and (4), how it addressed those submissions and any alterations it has made as a result of its consideration of those submissions; and

  (c)   publish a copy of the document on its website.


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