Commonwealth Consolidated Acts Commonwealth Consolidated ActsNote: See section 255C.
Part 1 -- Transitional provisions relating to the Water Amendment Act 2018
The amendments made by Schedule 1 to the Water Amendment Act 2018 apply whether the earlier amendment of the Basin Plan was disallowed (or is taken to have been disallowed) under subsection 42(1) or (2) of the Legislation Act 2003 before, at or after the commencement of that Schedule.
Note: For the earlier amendment of the Basin Plan, see paragraph 49AA(1)(a) of this Act.
(1) This clause applies if the Minister gives a direction under section 49AA for the Authority to prepare an amendment of the Basin Plan that is the same in effect as the Basin Plan Amendment Instrument 2017 (No. 1) .
(2) For the purposes of (and without limiting) that 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 Basin Plan Amendment Instrument 2017 (No. 1) :
(a) an additional requirement in the definition of re - allocation adjustment request in section 6.05 (as substituted by the amendment) of the Basin Plan that a request made before that substitution should be expressed to be made in anticipation of that substitution;
(b) an additional requirement in subsection 6.05(13) (as substituted by the amendment) of the Basin Plan that requires the Authority to publish on its website variations to the SDL resource unit shared reduction amounts for SDL resource units in the relevant zones;
(c) a change to section 7.14A (as inserted by the amendment) to reflect that the initial adjustments proposed in 2017 (as required by section 7.10 of the Basin Plan) have already occurred.
Division 1 -- Amendments to Schedule 1 to this Act made by regulations
1 Application of amendments--amendments to Schedule 1 to this Act made by regulations
Subsection 18C(2A) of this Act, as inserted by item 2 of Schedule 3 to the Water Legislation Amendment (Inspector - General of Water Compliance and Other Measures) Act 2021 , applies:
(a) in relation to regulations made after the commencement of that subsection; and
(b) in relation to regulations made before the commencement of that subsection as if that subsection had been in force when the regulations were made.
Division 2 -- Other amendments
In this Division:
"commencement day" means the day Schedule 1 to the Water Legislation Amendment (Inspector - General of Water Compliance and Other Measures) Act 2021 commences.
3 Appropriate enforcement agency
The amendment of paragraph 137(a) of this Act made by item 19 of Schedule 1 to the Water Legislation Amendment (Inspector - General of Water Compliance and Other Measures) Act 2021 applies in relation to contraventions occurring before, on or after the commencement day.
4 Legal proceedings involving the Murray - Darling Basin Authority
(1) If, immediately before the commencement day:
(a) the Murray - Darling Basin Authority was a party to proceedings pending in any court or tribunal; and
(b) the proceedings:
(i) were brought as permitted by Part 8 of the Act, as in force before the commencement day; or
(ii) related to the exercise of powers under Part 10 of the Act, as in force before the commencement day;
the Inspector - General of Water Compliance is substituted for the Murray - Darling Basin Authority as a party to the proceedings on and after that day.
(2) Subclause (1) does not apply in relation to pending proceedings relating to the payment of compensation to a person under section 233 or 254 of this Act arising from the exercise of powers under Part 10 of this Act, as in force before the commencement day.
If:
(a) before the commencement day, the Authority had accepted an undertaking given by a person under section 163 of this Act; and
(b) the undertaking had not been withdrawn or cancelled before that day;
then the undertaking continues to have effect on and after the commencement day as if it were an undertaking accepted by the Inspector - General under that section.
(1) The amendments of section 165 of this Act made by items 36 to 42 of Schedule 1 to the Water Legislation Amendment (Inspector - General of Water Compliance and Other Measures) Act 2021 apply in relation to contraventions, conduct and omissions occurring before, on or after the commencement day.
(2) Section 166 of this Act, as substituted by item 43 of Schedule 1 to the Water Legislation Amendment (Inspector - General of Water Compliance and Other Measures) Act 2021 , applies in relation to a contravention of a notice that is given under subsection 165(2) of this Act on or after the commencement day.
(3) The amendment of section 167 of this Act made by item 44 of Schedule 1 to the Water Legislation Amendment (Inspector - General of Water Compliance and Other Measures) Act 2021 applies in relation to a notice given under section 165 of this Act before, on or after the commencement day.
Section 167A of this Act applies in relation to conduct occurring on or after the commencement day.
8 Offences and civil penalty provisions
(1) An offence provision or a civil penalty provision that was inserted into this Act by Schedule 1 to the Water Legislation Amendment (Inspector - General of Water Compliance and Other Measures) Act 2021 applies in relation to an act or omission that occurs on or after the commencement day.
(2) An offence provision or a civil penalty provision, as amended by Schedule 1 to the Water Legislation Amendment (Inspector - General of Water Compliance and Other Measures) Act 2021 , applies in relation to an act or omission that occurs on or after the commencement day.
9 Credits to the Murray - Darling Basin Special Account
The amendment of paragraph 210(1)(i) of this Act made by item 59 of Schedule 1 to the Water Legislation Amendment (Inspector - General of Water Compliance and Other Measures) Act 2021 applies in connection with the performance of the Authority's functions under this Act or the regulations on or after the commencement day.
10 Disclosure of information by the Authority
Section 215A of this Act applies in relation to information obtained before, on or after the commencement day.
11 Inquiry may relate to matters occurring before, on or after commencement day
The Inspector - General may conduct an inquiry under section 239AA of this Act for the purpose of performing the function referred to in paragraph 215C(1)(a), (b) or (c) of this Act in relation to the performance of functions or obligations, exercise of powers or implementation of commitments referred to in those paragraphs by agencies of the Commonwealth, or agencies of the Basin States, before, on or after the commencement day.
12 Inspector - General's first annual work plan
For the purposes of subsection 215E(1) of the Act, the Inspector - General must prepare a work plan for the financial year that includes the commencement day within 3 months after the commencement day.
13 Inspector - General's compliance powers
(1) The powers conferred on the Inspector - General by Subdivision B of Division 1 of Part 10AA of this Act may be exercised in relation to contraventions or acts or omissions occurring before, on or after the commencement day.
(2) Subclause (1) has effect subject to clause 8 of this Schedule.
14 Declaration by the Authority before commencement day relating to restrictions on trading water access right
(1) If:
(a) a declaration was made by the Authority under subsection 12.20(1) of the Basin Plan before the commencement day; and
(b) the declaration was in force immediately before that day;
the declaration continues in force on and after that day as if it had been made by the Inspector - General under that subsection.
(2) If:
(a) before the commencement day, a Basin State had, under paragraph 12.20(1)(a) of the Basin Plan, requested the Authority to make a declaration; and
(b) no decision on the request had been made before the commencement day;
the request is taken, on and after the commencement day, to be a request made under paragraph 12.20(1)(a) of the Basin Plan to the Inspector - General to make the declaration.
15 Declaration by the Authority before commencement day permitting application of exchange rate to trade of water access entitlement
(1) If:
(a) a declaration was made by the Authority under subsection 12.22(3) of the Basin Plan before the commencement day; and
(b) the declaration was in force immediately before that day;
the declaration continues in force on and after that day as if it had been made by the Inspector - General under that subsection.
(2) If:
(a) before the commencement day, a Basin State had, under subsection 12.22(2) of the Basin Plan, requested the Authority to make a declaration; and
(b) no decision on the request had been made before the commencement day;
the request is taken, on and after the commencement day, to be a request made under subsection 12.22(2) of the Basin Plan to the Inspector - General to make the declaration.
Inspector - General may conduct audit to assess compliance occurring before, on or after commencement day
(1) The Inspector - General may conduct an audit under section 73L of this Act to assess the extent of compliance with the Basin Plan or water resource plans occurring before, on or after the commencement day.
Audits to assess compliance with Basin Plan in progress before commencement day
(2) If:
(a) an audit was being conducted under Division 3 of Part 3 of Chapter 13 of the Basin Plan before the commencement day; and
(b) the audit had not been completed before that day;
then, despite the repeal of Division 3 of Part 3 of Chapter 13 and section 13.20 of the Basin Plan (the Basin Plan audit provisions ) by items 18 and 20 of Schedule 2 to the Water Legislation Amendment (Inspector - General of Water Compliance and Other Measures) Act 2021 , the Basin Plan audit provisions continue to apply on and after the commencement day in relation to the audit.
(3) Subsection 73M(2) of this Act applies in relation to an audit that is completed after the commencement day under Division 3 of Part 3 of Chapter 13 of the Basin Plan (as that Division continues to apply because of subclause (2) of this clause) if:
(a) a report setting out the findings of the audit and any recommendations arising from the audit is published under section 13.20 of the Basin Plan (as that section continues to apply because of subclause (2) of this clause); and
(b) the report includes a recommendation that an agency of the Commonwealth, or an agency of a State or Territory, take certain action.
17 Regulations may provide for other transitional matters relating to the Inspector - General
The regulations may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to:
(a) the establishment of the Inspector - General; and
(b) the transfer of functions from the Authority to the Inspector - General.
Part 3 -- Application provision relating to the Water Amendment (Restoring Our Rivers) Act 2023
The amendments of sections 177, 178 and
180 made by Part 6 of Schedule 1 to the
Water Amendment (Restoring Our Rivers) Act 2023 apply in relation to
appointments made on or after the commencement of that Schedule.