Commonwealth Numbered Acts

WATER ACT 2007 (NO. 137, 2007) - SECT 172

Authority's functions

             (1)  The Authority has the following functions:

                     (a)  such functions as are conferred on the Authority by:

                              (i)  Part 2 (Management of Basin water resources); and

                             (ii)  Part 5 (Murray‑Darling Basin Water Rights Information Service); and

                            (iii)  Part 10 (Murray‑Darling Basin Authority (special powers));

                     (b)  to measure, monitor and record the quality and quantity of the Basin water resources, including measuring, monitoring and recording:

                              (i)  flows of surface water forming part of the Basin water resources; and

                             (ii)  levels and pressures of ground water forming part of the Basin water resources; and

                            (iii)  inflows to river flow control works; and

                            (iv)  volumes held within river flow control works; and

                             (v)  the taking of water from the Basin water resources; and

                            (vi)  interception activity;

Note:       The Authority may adopt Commission and Basin State records, and request the Commission and Basin States to take these measurements etc. (see subsection (2)).

                     (c)  to measure, monitor and record the condition of water‑dependent ecosystems associated with the Basin water resources;

Note:       The Authority may adopt Commission and Basin State records and request the Commission and Basin States to take these measurements etc. (see subsection (2)).

                     (d)  to support, encourage and conduct research and investigations about the Basin water resources, including research and investigations about:

                              (i)  using the Basin water resources in an equitable, efficient and sustainable manner; and

                             (ii)  conserving inflows to, and other sources of, the Basin water resources; and

                            (iii)  improving the quality of the Basin water resources; and

                            (iv)  improving the condition of water‑dependent ecosystems connected with the Basin water resources; and

                             (v)  the desirability and practicality of measures that could help achieve any of the objectives set out in the above subparagraphs;

                     (e)  to develop, or assist the development of, measures for the equitable, efficient and sustainable use of the Basin water resources (including measures for the delivery of environmental water);

                      (f)  to implement, or coordinate the implementation of, measures developed in accordance with paragraph (e);

                     (g)  to make recommendations to the Basin States, and agencies of the Basin States, about any matter (including the carrying out of measures by that Basin State or agency) that the Authority considers could affect the quality or quantity of the Basin water resources;

                     (h)  to collect, analyse and interpret information about the Basin water resources and water‑dependent ecosystems;

                      (i)  to disseminate information about the Basin water resources, and water‑dependent ecosystems, to the extent that the Authority considers it desirable to do so;

                      (j)  to engage and educate the Australian community about the Basin water resources;

                     (k)  such other functions as are conferred on the Authority by this Act, the regulations or by or under any other law of the Commonwealth;

                      (l)  if the Minister consents--such other functions as are conferred on the Authority by or under any law of a State;

                    (m)  if the Minister requests advice about a matter relating to any of the above functions--to give the advice;

                     (n)  to do anything incidental or conducive to the performance of any of the above functions.

Authority may adopt Basin State measurements and request Basin States to take measurements etc.

             (2)  Without limiting paragraph (1)(b) or (c), in performing its functions the Authority may:

                     (a)  adopt measurements, records and conclusions made by the Murray‑Darling Basin Commission, a Basin State or an agency of a Basin State; or

                     (b)  request the Murray‑Darling Basin Commission to carry out any measuring, monitoring or recording that the Authority considers necessary; or

                     (c)  request a Basin State to carry out any measuring, monitoring or recording within the State's geographical limits that the Authority considers necessary.

Informing others of paragraph (1)(g) recommendations

             (3)  The Authority must, as soon as practicable, inform the Minister and the Basin Officials Committee of any recommendation made under paragraph (1)(g).

Varying and revoking consents and requests

             (4)  The Minister may vary or revoke the following:

                     (a)  a consent given under paragraph (1)(l);

                     (b)  a request made under paragraph (1)(m).

Consents and requests not legislative instruments

             (5)  Neither of the following is a legislative instrument:

                     (a)  a consent given under paragraph (1)(l);

                     (b)  a request made under paragraph (1)(m).