Commonwealth Consolidated Acts

WATER ACT 2007 - SECT 56

Matters to which Authority and Minister are to have regard

  (1)   In exercising their powers, and performing their functions, under this Division in relation to a water resource plan for a water resource plan area, the Authority and the Minister must have regard to:

  (a)   the Basin Plan; and

  (b)   the extent to which the water resource plan is consistent with the Basin Plan.

Version of Basin Plan to be applied--general

  (2)   For the purposes of applying subsection   (1) to the exercise of a particular power, or the performance of a particular function, the Basin Plan that is to be applied is (subject to subsection   (2A)) the Basin Plan as in effect when the power is exercised or the function is performed.

Version of Basin Plan to be applied--accrediting water resource plans prepared by Basin States

  (2A)   If the exercise of the power, or the performance of the function, is in relation to a proposed water resource plan for a water resource plan area that is:

  (a)   given to the Minister under Subdivision D (accrediting water resource plans prepared by Basin States); and

  (b)   covered by an item in the following table;

the Basin Plan that is to be applied is worked out in accordance with that item.

 

Version of Basin Plan to be applied for proposed water resource plans given under Subdivision D
Item	If ...	the Basin Plan to be applied is ...
1	the proposed water resource plan is given to the Minister under subsection   63(3) before the report of the first review of the Basin Plan is given to the Minister under paragraph   50(5)(b)	the Basin Plan as in effect 2 years before the proposed water resource plan is given under that subsection, unless the proposed water resource plan is covered by item   4.
2	both of the following apply: (a) the proposed water resource plan is given to the Minister under subsection   63(3) after the report of the first review of the Basin Plan is given to the Minister under paragraph   50(5)(b); (b) an amendment of the Basin Plan that affects water resource plan accreditations came into effect within 3 years before the proposed water resource plan is so given	the Basin Plan as in effect immediately after that amendment came into effect, unless the proposed water resource plan is covered by item   4.
3	all of the following apply: (a) the proposed water resource plan is given to the Minister under subsection   63(3) after the report of the first review of the Basin Plan is given to the Minister under paragraph   50(5)(b); (b) the most recent report was given under that paragraph within 3 years before the giving of the proposed water resource plan under that subsection; (c) an amendment of the Basin Plan that affects water resource plan accreditations did not come into effect during that 3 year period	the Basin Plan as in effect immediately before the most recent report was given under that paragraph, unless the proposed water resource plan is covered by item   4.
4	all of the following apply: (a) the Basin State when giving the proposed water resource plan under subsection   63(3) also gives the Authority a written notice nominating a version of the Basin Plan as in effect at a specified time to be applied; (b) the nominated version is not an earlier version of the Basin Plan than that which would otherwise have been applied under item   1, 2 or 3; (c) the nominated version is not a later version of the Basin Plan than that which would otherwise have been applied under subsection   (2) of this section	the nominated version of the Basin Plan.

Minister to have regard to Authority's advice

  (3)   In exercising a power, or performing a function, under this Division in relation to a water resource plan for a water resource plan area, the Minister must have regard to the advice that the Authority gives the Minister in relation to the exercise of that power or the performance of that function.