Commonwealth Consolidated Acts

WATER ACT 2007 - SECT 49AA

  (1)   The Minister may direct the Authority, in writing, to prepare an amendment of the Basin Plan if:

  (a)   the amendment will be the same in effect as an earlier amendment of the Basin Plan (the earlier amendment ) that:

  (i)   has been disallowed (or is taken to have been disallowed) under subsection   42(1) or (2) of the Legislation Act 2003 ; and

  (ii)   was prepared under this Subdivision (other than this section); and

  (b)   the direction is given within the period of 12 months beginning on the day that the earlier amendment is disallowed (or is taken to have been disallowed); and

  (c)   in the case that an earlier direction has been given under this subsection in relation to the earlier amendment--the amendment prepared in response to that earlier direction was not adopted by the Minister.

  (2)   The Authority must comply with a direction under subsection   (1) by preparing the amendment, and giving it to the Minister for adoption, as soon as practicable.

  (3)   As soon as practicable after receiving the amendment, the Minister must either:

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

  (b)   give the Authority notice, in writing, that the Minister has decided not to adopt the amendment.

  (4)   Sections   46 to 48 do not apply to an amendment of the Basin Plan that is to be prepared, or is prepared or adopted, in accordance with this section.

  (5)   A direction under subsection   (1) is a legislative instrument, but neither section   42 (disallowance) nor Part   4 of Chapter   3 (sunsetting) of the Legislation Act 2003 applies to the direction.

  (6)   For the purposes of (and without limiting) this section, including in the amendment one or more of the following changes does not prevent the amendment from being the same in effect as the earlier amendment:

  (a)   a change that is required because another amendment of the Basin Plan has commenced after the commencement of the earlier amendment;

  (b)   a change that is required because a requirement under the Basin Plan has already occurred, or been met, after the commencement of the earlier amendment;

  (c)   a change that causes the amendment to commence later than the earlier amendment.

Note:   There are other kinds of changes that also do not prevent the amendment from being the same in effect as the earlier amendment. For example, minor or non - substantive amendments of the kind specified for the purposes of paragraph   49(1)(a).