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WATER ACT 2007 - SECT 50

Review of Basin Plan--general

Regular 10 yearly reviews

  (1)   The Authority must:

  (a)   review the Basin Plan during 2026 if the Authority has not reviewed the Basin Plan under subsection   (2), and given the Minister a report of that review, before the start of that year; and

  (b)   review the Basin Plan during the tenth year of the period (the post - report period ) that starts when the Authority gives the Minister a report of a review of the Basin Plan under paragraph   (5)(b) if the Authority has not reviewed the Basin Plan under subsection   (2), and given the Minister a report of that review, after the start of the post - report period and before the start of that year.

Review requested by Minister or Basin States

  (2)   The Authority must review the Basin Plan if:

  (a)   the Minister requests the Authority to do so; or

  (b)   all of the Basin States request the Authority to do so.

  (3)   The Minister or a Basin State may make a request under subsection   (2) only if satisfied that:

  (a)   the outcomes specified for the Basin Plan are not being achieved; or

  (b)   the objectives specified for the Basin Plan are no longer appropriate for Basin water resources or for one or more water resource plan areas.

  (4)   A request under subsection   (2) must not be made within the first 5 years after the Basin Plan first takes effect or within 5 years after the Authority gives the Minister the report of the most recent review of the Basin Plan.

Reviews to consider certain matters

  (4A)   In reviewing the Basin Plan under subsection   (1) or (2), the Authority must consider the following matters and report on them in the report prepared under paragraph   (5)(a):

  (a)   matters relevant to Indigenous people in relation to the management of Basin water resources including, but not limited to, the extent to which Basin water resources could be managed so as to improve the spiritual, environmental, cultural, social and economic conditions of Indigenous people;

  (b)   the extent to which the Basin Plan, including requirements relating to water resource plans:

  (i)   recognises and protects the interests of Indigenous people; and

  (ii)   supports opportunities for Indigenous people to participate in determining and developing priorities and strategies for the development or use of Basin water resources, including opportunities for participation that incorporates free, prior and informed consent;

  (c)   the management of climate change risks.

Report of review

  (5)   The Authority must:

  (a)   prepare a report of the results of the review under subsection   (1) or (2); and

  (b)   give the report to the Minister; and

  (c)   give a copy of the report to the relevant State Minister for each Basin State; and

  (d)   make a copy of the report available on the Authority's website.

  (6)   Subsection   (5) must be complied with in relation to a review under subsection   (1) before the end of the year during which the review is conducted.


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