WATER ACT 2007 (NO. 137, 2007)

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WATER ACT 2007 (NO. 137, 2007)

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY

Division 1--General

1. Short title
2. Commencement
3. Objects
4. Definitions
5. Referring States
6. Planned environmental water
7. Infrastructure operators etc.
8. River flow control works
9. Constitutional basis for Act
10. Basis for Basin water charge, water trading and water market rules
11. Reading down provision in relation to the operation of sections 99 and 100 of the Constitution
12. Application to Crown etc.
13. The Native Title Act 1993 not affected

Division 2--Interaction between Commonwealth water legislation and State laws

14. Coverage of this Division
15. Concurrent operation intended
16. Commonwealth water legislation does not apply to matters declared by State law to be an excluded matter
17. Avoiding direct inconsistency arising between the Commonwealth water legislation and State laws
18. Regulations may modify operation of the Commonwealth water legislation to deal with interaction between that legislation and State laws

PART 2--MANAGEMENT OF BASIN WATER RESOURCES

Division 1--Basin Plan

Subdivision A--Introduction

19. Simplified outline

Subdivision B--Basin Plan, its purpose and contents

20. Purpose of Basin Plan
21. General basis on which Basin Plan to be developed
22. Content of Basin Plan
23. Long-term average sustainable diversion limits
24. Temporary diversion provision
25. Water quality and salinity management plan
26. Water trading and transfer rules
27. Basin Plan to be published on Authority's website

Subdivision C--Environmental management

28. Environmental watering plan
29. Authority to consult holders and managers of environmental water in implementing environmental watering plan
30. Environmental watering schedules
31. Authority to coordinate delivery of environmental water
32. Authority to identify and account for held environmental water

Subdivision D--Effect of Basin Plan

33. Basin Plan is a legislative instrument
34. Effect of Basin Plan on Authority and other agencies of the Commonwealth
35. Effect of Basin Plan on other agencies and persons
36. Constitutional operation of section 35 (general)
37. Constitutional operation of section 35 (water trading rules)
38. Regulations may provide for exceptions
39. Obligations under both Basin Plan and water resource plans
40. Effect on State laws

Subdivision E--Procedure for making Basin Plan

41. Authority to prepare Basin Plan and give to Minister for adoption
42. Consultations by Authority in preparing Basin Plan
43. Authority to seek submissions on proposed Basin Plan
44. Minister may adopt Basin Plan

Subdivision F--Amendment of Basin Plan

45. Authority may prepare amendment of Basin Plan
46. Consultations by Authority in preparing amendment of Basin Plan
47. Authority to seek submissions on proposed amendment of Basin Plan
48. Minister may adopt amendment of Basin Plan
49. Minor or non-substantive amendments of Basin Plan

Subdivision G--Review of Basin Plan

50. Review of Basin Plan--general
51. Authority to prepare discussion paper and seek submissions
52. Review may lead to amendment of Basin Plan

Division 2--Water resource plans for particular water resource plan areas

Subdivision A--Introduction

53. Simplified outline

Subdivision B--Water resource plans

54. Water resource plans for water resource plan areas
55. Content of water resource plan
56. General basis for accrediting and making water resource plans

Subdivision C--Effect of a water resource plan

57. Water resource plan adopted under section 69 is a legislative instrument
58. Effect of water resource plan on Authority and other agencies of the Commonwealth
59. Effect of water resource plan on other agencies and bodies
60. Constitutional operation of section 59 (general)
61. Constitutional operation of section 59 (water trading rules)
62. Regulations may provide for exceptions

Subdivision D--Accrediting water resource plans prepared by Basin States

63. Accrediting water resource plans prepared by Basin States
64. Duration of accreditation
65. Accrediting amendments of accredited water resource plans
66. Accrediting minor or non-substantive amendments of accredited water resource plans
67. Authority may assist Basin State to prepare water resource plan

Subdivision E--Water resource plans prepared by Authority and adopted by Minister

68. Minister may request Authority to prepare water resource plan
69. Minister may adopt water resource plan
70. Duration of plan adopted under section 69

Subdivision F--Reporting obligations

71. Reporting obligations of Basin States

Division 3--Procedures to be followed before taking step-in action

72. Scope of Division
73. Procedure to be followed before exercising step-in power

Division 4--Allocation of risks in relation to reductions in water availability

Subdivision A--Risks arising from reductions in diversion limits

74. Simplified outline
75. Basin Plan to specify Commonwealth share of reduction in long-term average sustainable diversion limit
76. Commonwealth to manage Commonwealth share of reduction in diversion limit
77. Payments to water access entitlement holders
78. Applying Subdivision when transitional or interim water resource plan ends
79. Regulations

Subdivision B--Risks arising from other changes to Basin Plan

80. Simplified outline
81. Basin Plan to specify certain matters if Plan results in change in reliability of water allocations
82. Commonwealth to manage Commonwealth share of change in reliability
83. Payments to water access entitlement holders
84. Applying Subdivision when transitional or interim water resource plan ends
85. Regulations
86. Operation of Subdivision

PART 3--AUDITS BY NATIONAL WATER COMMISSION

87. Power to conduct audits
88. When audits must be conducted
89. Reports on audits
90. Tabling reports

PART 4--BASIN WATER CHARGE AND WATER MARKET RULES

Division 1--Water charge rules

91. Regulated water charges
92. Water charge rules
93. Process for making water charge rules
94. Constitutional operation of water charge rules
95. ACCC to monitor water charges and compliance
96. Minister may formulate model water charge rules

Division 2--Water market rules

97. Water market rules
98. Process for making water market rules
99. Constitutional operation of water market rules
100. ACCC to monitor compliance

PART 5--MURRAY-DARLING BASIN WATER RIGHTS INFORMATION SERVICE

101. Registrable water rights
102. Registers to which this Part applies
103. Murray-Darling Basin Water Rights Information Service

PART 6--COMMONWEALTH ENVIRONMENTAL WATER HOLDER

Division 1--Establishment and functions

104. Establishment
105. Functions
106. Limitation on disposal of water and Commonwealth environmental water holdings
107. Limitation on directions to Commonwealth Environmental Water Holder
108. Meaning of Commonwealth environmental water holdings
109. Operating rules
110. Application of State laws to the Commonwealth Environmental Water Holder

Division 2--Environmental Water Holdings Special Account

111. Establishment of the Environmental Water Holdings Special Account
112. Credits of amounts to the Account
113. Purpose of the Account

Division 3--Reporting requirements

114. Annual report

Division 4--Appointment, staff and delegation

115. Appointment
116. Staff
117. Delegation

PART 7--WATER INFORMATION

Division 1--Application of this Part

118. Geographical application of this Part
119. Application of this Part limited to certain legislative powers

Division 2--Functions and powers of the Bureau and Director of Meteorology

120. Additional functions of the Bureau
121. Contents of the National Water Account
122. Publishing water accounts
123. Publishing water information

Division 3--Water information

124. Object of this Division
125. Meaning of water information etc.
126. Giving of water information to the Bureau
127. Director of Meteorology may require water information
128. Prohibitions on disclosure of information do not apply
129. Ownership etc. of information unaffected by its disclosure

Division 4--National Water Information Standards

130. National Water Information Standards
131. Adoption of other standards
132. Consultations in preparing National Water Information Standards
133. Compliance notices

Division 5--Miscellaneous

134. Delegation by Director of Meteorology
135. Directions by Minister

PART 8--ENFORCEMENT

Division 1--Preliminary

136. Contraventions to which this Part applies
137. Appropriate enforcement agency for contraventions to which this Part applies
138. References to Court
139. Jurisdiction of Federal Magistrates Court

Division 2--Injunctions

140. Injunctions for contravention of the Act, regulations or rules
141. Discharge or variation of injunctions
142. Certain considerations for granting injunctions not relevant
143. Powers conferred are in addition to other powers of the Court

Division 3--Declarations

144. Declarations of contravention
145. Discharge or variation of declarations

Division 4--Civil penalties

Subdivision A--Civil penalty orders

146. Civil penalty provisions
147. Court may order person to pay pecuniary penalty for contravening civil penalty provision
148. Contravening a civil penalty provision is not an offence
149. Persons involved in contravening civil penalty provision
150. Recovery of a pecuniary penalty

Subdivision B--Civil penalty proceedings and criminal proceedings

151. Civil proceedings after criminal proceedings
152. Criminal proceedings during civil proceedings
153. Criminal proceedings after civil proceedings
154. Evidence given in proceedings for penalty not admissible in criminal proceedings

Division 5--Infringement notices

155. Object
156. When an infringement notice can be given
157. Matters to be included in an infringement notice
158. Amount of penalty
159. Withdrawal of an infringement notice
160. Paying the penalty in accordance with the notice
161. Effect of this Division on civil proceedings
162. Regulations

Division 6--Enforceable undertakings

163. Acceptance of undertakings relating to contraventions to which this Part applies
164. Enforcement of undertakings

Division 7--Enforcement notices

165. Authority may issue an enforcement notice
166. Breach of enforcement notice--civil penalty provision
167. Discharge or variation of enforcement notices

Division 8--Liability of executive officers of corporations

168. Civil penalties for executive officers of bodies corporate
169. Did an executive officer take reasonable steps to prevent contravention?

Division 9--Conduct of directors, employees and agents

170. Conduct of directors, employees and agents

PART 9--MURRAY-DARLING BASIN AUTHORITY

Division 1--Authority's establishment, functions, powers and liabilities

171. Establishment
172. Authority's functions
173. Authority's powers
174. Authority's financial liabilities are Commonwealth liabilities
175. Minister may give directions to Authority

Division 2--Authority's constitution and membership

Subdivision A--Authority's constitution

176. Authority's constitution

Subdivision B--Authority's membership

177. Authority's membership
178. Appointment of Authority members
179. Period of appointment for Authority members
180. Acting Authority members

Subdivision C--Terms and conditions for Authority members

181. Remuneration
182. Standing obligation to disclose interests
183. Obligation to disclose interests before considering a particular matter
184. Chair must keep Minister informed
185. Outside employment
186. Member of the governing body of a relevant interest group
187. Leave of absence
188. Resignation
189. Termination of appointment
190. Other terms and conditions

Division 3--Decision-making and delegation by Authority

Subdivision A--Meetings

191. Holding of meetings
192. Presiding at meetings
193. Quorum
194. Decisions at meetings etc.
195. Conduct of meetings
196. Minutes

Subdivision B--Decisions without meetings

197. Decisions without meetings
198. Record of decisions

Subdivision C--Delegation

199. Delegation by Authority
200. Limits on how some functions and powers can be delegated

Subdivision D--Advisory committees

201. Basin Officials Committee
202. Basin Community Committee
203. Other advisory committees
204. Appointments to advisory committees
205. Procedural matters

Division 4--Authority's staff etc

206. Staff
207. Persons assisting Authority
208. Chair not to be directed about certain matters

Division 5--Finance and reporting requirements

Subdivision A--Murray-Darling Basin Special Account

209. Murray-Darling Basin Special Account
210. Credits to the Account
211. Purposes of the Account

Subdivision B--Authority may charge fees

212. Fees

Subdivision C--Exemption from taxation and charges etc

213. Exemption from taxation and charges etc.

Subdivision D--Reporting requirements

214. Annual report

Division 6--Confidentiality

215. Confidentiality

PART 10--MURRAY-DARLING BASIN AUTHORITY

Division 1--Application of this Part

216. Application of this Part limited to certain legislative powers

Division 2--Entry onto land etc

Subdivision A--Authorised officers

217. Appointment of authorised officers
218. Identity cards

Subdivision B--Powers to enter land etc

219. When authorised officers can enter premises
220. Obligations of authorised officers before entering premises
221. Powers of authorised officers while on premises
222. Duties of authorised officers

Subdivision C--Powers to enter land etc

223. Entering premises to monitor compliance
224. Entering premises to search for evidential material
225. Monitoring warrants
226. Contravention-related warrants
227. Contravention-related warrants by telephone, telex, fax etc.
228. Obligations of authorised officers--all cases
229. Obligations of authorised officers--entry by consent
230. Obligations of authorised officers--entry by warrant
231. Use of equipment at premises
232. Expert assistance to operate a thing
233. Compensation for damage
234. Offences relating to warrants
235. Subdivision does not apply to authorised officers who are contractors

Subdivision D--Other matters

236. Division not to abrogate privilege against self-incrimination
237. Occupier entitled to be present during entry

Division 3--Information gathering

238. Power to request information
239. Prohibitions on disclosure of information do not apply

PART 11--TRANSITIONAL

Division 1--Management of Basin water resources

240. Reference to water resource plan area
241. Transitional water resource plans
242. Interim water resource plans
243. Transitional water resource plans taken to have been accredited
244. Interim water resource plans taken to have been accredited
245. Operation of transitional water resource plans and interim water resource plans
246. Amendment of transitional water resource plans and interim water resource plans
247. Authority may provide assistance

Division 2--Commonwealth Environmental Water Holder

248. The functions of the Commonwealth Environmental Water Holder prior to Basin Plan taking effect
249. Disposals of water or Commonwealth water holdings prior to Basin Plan taking effect

Division 3--Murray-Darling Basin Authority

250. First annual report for Authority

PART 12--MISCELLANEOUS

251. Delegation by Minister
252. Instruments not invalid for failure to publish on website
253. Review of operation of Act
254. Compensation for acquisition of property
255. Act does not authorise compulsory acquisition of water access rights
256. Regulations
SCHEDULE 1 The Murray-Darling Basin
SCHEDULE 2 Basin water charging objectives and principles
SCHEDULE 3 Basin water market and trading objectives and principles
SCHEDULE 4 Transitional water resource plans

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