Commonwealth Numbered Acts Commonwealth Numbered Acts(1) In this Act:
"ACCC" means the Australian Competition and Consumer Commission.
"agency" of the Commonwealth means:
(a) a Minister of the Crown for the Commonwealth; or
(b) a Department of State for the Commonwealth; or
(c) a body (whether incorporated or not) established or appointed for a public purpose by or under a law of the Commonwealth; or
(d) a body established, or appointed, by the Governor‑General; or
(e) a person holding or performing the duties of:
(i) an office established by or under; or
(ii) an appointment made under;
a law of the Commonwealth (other than the office of head of a Department of State for the Commonwealth (however described)); or
(f) a person holding or performing the duties of an appointment that is made by the Governor‑General (otherwise than under a law of the Commonwealth); or
(g) a company in which the Commonwealth, or a body corporate referred to in paragraph (c) or (d), has a controlling interest.
"agency" of a State means:
(a) a Minister of the Crown for the State; or
(b) a Department of State for the State; or
(c) a body (whether incorporated or not) established or appointed for a public purpose by or under a law of the State (including a local government body); or
(d) a body established or appointed by:
(i) a Governor of the State; or
(ii) a Minister of the Crown for the State; or
(iii) if the State is the Australian Capital Territory--the Australian Capital Territory Executive; or
(e) a person holding or performing the duties of:
(i) an office established by or under; or
(ii) an appointment made under;
a law of the State (other than the office of head of a Department of State for the State (however described)); or
(f) a person holding or performing the duties of an appointment that is made by:
(i) a Governor of the State; or
(ii) a Minister of the Crown for the State; or
(iii) if the State is the Australian Capital Territory--the Australian Capital Territory Executive;
(otherwise than under a law of the State); or
(g) a company in which the State, or a body corporate referred to in paragraph (c) or (d), has a controlling interest.
"appropriate enforcement agency" has the meaning given by section 137.
"assist" , in relation to an Authority delegate, means:
(a) to perform functions in connection with the Authority delegate's performance or exercise of a function or power delegated under section 199; or
(b) to perform services for the Authority delegate in connection with the Authority delegate's performance or exercise of a function or power delegated under section 199.
"Australia" , when used in a geographical sense, includes the external Territories.
"authorised officer" means an individual whose appointment by the Authority under section 217 is in force.
"Authority" means the Murray-Darling Basin Authority.
"Authority Chair" means the Chair of the Authority.
"Authority delegate" means a person to whom a function or power is delegated under section 199.
"Authority member" means a member of the Authority, and includes the Authority Chair.
"Authority staff" means the staff described in section 206.
"Basin Community Committee" means the committee established under section 202.
"Basin Officials Committee" means the committee established under section 201.
"Basin Plan" means the Basin Plan adopted by the Minister under section 44 (as amended from time to time).
"Basin State" means the following:
(a) New South Wales;
(b) Victoria;
(c) Queensland;
(d) South Australia;
(e) the Australian Capital Territory.
"Basin water market trading objectives and principles" means the objectives and principles that are set out in Schedule 3.
"Basin water resources" means all water resources within, or beneath, the Murray-Darling Basin, but does not include:
(a) water resources within, or beneath, the Murray‑Darling Basin that are prescribed by the regulations for the purposes of this paragraph; or
(b) ground water that forms part of the Great Artesian Basin.
"biodiversity" means the variability among living organisms from all sources (including terrestrial, marine and aquatic ecosystems and the ecological complexes of which they are a part) and includes:
(a) diversity within species and between species; and
(b) diversity of ecosystems.
"Biodiversity Convention" means the Convention on Biological Diversity done at Rio de Janeiro on 5 June 1992.
Note: The text of the Convention is set out in Australian Treaty Series 1993 No. 32. In 2007, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII Internet site (www.austlii.edu.au).
"Bonn Convention" means the Convention on the Conservation of Migratory Species of Wild Animals done at Bonn on 23 June 1979.
Note: The text of the Convention is set out in Australian Treaty Series 1991 No. 32. In 2007, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII Internet site (www.austlii.edu.au).
"bulk water charge" means a charge payable for the storage of water for, and the delivery of water to, any of the following:
(b) other operators of reticulated water systems;
(c) other persons prescribed by the regulations for the purposes of this paragraph.
"Bureau" means the Commonwealth Bureau of Meteorology established under section 5 of the Meteorology Act 1955 .
"CAMBA" means the Agreement between the Government of Australia and the Government of the People's Republic of China for the Protection of Migratory Birds and their Environment done at Canberra on 20 October 1986.
Note: The text of the Agreement is set out in Australian Treaty Series 1988 No. 22. In 2007, the text of an Agreement in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII Internet site (www.austlii.edu.au).
"civil penalty provision" has the meaning given by section 146.
"Climate Change Convention" means the United Nations Framework Convention on Climate Change done at New York on 9 May 1992.
Note: The text of the Convention is set out in Australian Treaty Series 1994 No. 2. In 2007, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII Internet site (www.austlii.edu.au).
"Commonwealth Environmental Water Holder" means the Commonwealth Environmental Water Holder established under section 104.
"Commonwealth environmental water holdings" has the meaning given by section 108.
"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.
"consumptive pool" means the amount of water resources that can be made available for consumptive use in a particular water resource plan area under the rules of the water resource plan for that water resource plan area.
"consumptive use" means the use of water for private benefit consumptive purposes including irrigation, industry, urban and stock and domestic use.
"declared Ramsar wetlands" has the meaning given by section 17 of the Environment Protection and Biodiversity Conservation Act 1999 .
"Desertification Convention" means the United Nations Convention to Combat Desertification in those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa done at Paris on 17 June 1994.
Note: The text of the Convention is set out in Australian Treaty Series 2000 No. 18. In 2007, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII Internet site (www.austlii.edu.au).
"environmental assets" includes:
(a) water‑dependent ecosystems; and
(b) ecosystem services; and
(c) sites with ecological significance.
"environmentally sustainable level of take" for a water resource means the level at which water can be taken from that water resource which, if exceeded, would compromise:
(a) key environmental assets of the water resource; or
(b) key ecosystem functions of the water resource; or
(c) the productive base of the water resource; or
(d) key environmental outcomes for the water resource.
"environmental outcomes" includes:
(a) ecosystem function; and
(b) biodiversity; and
(c) water quality; and
(d) water resource health.
Note 1: Paragraph (a) would cover, for example, maintaining ecosystem function by the periodic flooding of floodplain wetlands.
Note 2: Paragraph (d) would cover, for example, mitigating pollution and limiting noxious algal blooms.
(a) held environmental water; or
(b) planned environmental water.
"Environmental Water Holdings Special Account" means the account established by section 111.
"environmental watering" means the delivery or use of environmental water to achieve environmental outcomes.
"environmental watering schedule" means an agreement:
(a) that is an agreement to coordinate the use of environmental water to maximise the benefits of environmental watering across the Murray‑Darling Basin, a specified part of the Murray‑Darling Basin or a specified area outside the Murray‑Darling Basin; and
(b) to which some or all of the following are parties:
(i) holders of held environmental water (including the Commonwealth);
(ii) owners of environmental assets;
(iii) managers of planned environmental water; and
(c) if the agreement relates to held environmental water in the Murray‑Darling Basin--to which the Authority is a party.
"evidential material" means any of the following:
(a) a thing with respect to which a provision (the compliance provision ) of Part 2, or regulations made for the purposes of Part 2, has been contravened or is suspected, on reasonable grounds, of having been contravened;
(b) a thing as to which there are reasonable grounds for suspecting that it will afford evidence as to the contravention of the compliance provision;
(c) a thing as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of contravening the compliance provision.
"executive officer" of a body corporate means a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.
"field relevant to the Authority's functions" has a meaning affected by subsection 178(3).
(a) water occurring naturally below ground level (whether in an aquifer or otherwise); or
(b) water occurring at a place below ground that has been pumped, diverted or released to that place for the purpose of being stored there;
but does not include water held in underground tanks, pipes or other works.
"held environmental water" means water available under:
(a) a water access right; or
(b) a water delivery right; or
(c) an irrigation right;
for the purposes of achieving environmental outcomes (including water that is specified in a water access right to be for environmental use).
"infrastructure operator" has the meaning given by subsection 7(2).
"infringement notice" means an infringement notice given under section 156.
"interception activity" means the interception of surface water or ground water that would otherwise flow, directly or indirectly, into a watercourse, lake, wetland, aquifer, dam or reservoir that is a Basin water resource.
"interest" , in relation to land, means:
(a) any legal or equitable estate or interest in the land; or
(b) a restriction on the use of the land, whether or not annexed to other land; or
(c) any other right (including a right under an option and a right of redemption), charge, power or privilege over, or in connection with, the land or an interest in the land.
"interim water resource plan" has the meaning given by section 242.
"international agreement" means an agreement whose parties are:
(a) Australia and a foreign country; or
(b) Australia and 2 or more foreign countries.
"irrigation infrastructure operator" has the meaning given by subsection 7(4).
"irrigation network" of an irrigation infrastructure operator has the meaning given by subsection 7(4).
"irrigation right" means a right that:
(a) a person has against an irrigation infrastructure operator to receive water; and
(b) is not a water access right or a water delivery right.
"JAMBA" means the Agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment done at Tokyo on 6 February 1981.
Note: The text of the Agreement is set out in Australian Treaty Series 1981 No. 6. In 2007, the text of an Agreement in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII Internet site (www.austlii.edu.au).
(a) means a natural lake, pond or lagoon (whether modified or not); and
(b) includes a part of such a lake, pond or lagoon.
"long-term annual diversion limit" has the meaning given by item 7 of the table in subsection 22(1).
"long-term average sustainable diversion limit" has the meaning given by item 6 of the table in subsection 22(1).
"maintenance" includes the execution of all work of any description which is necessary to keep an existing work in the state of utility in which it was upon its original completion or upon the completion of any improvement or replacement of the work. However, it does not include:
(a) the execution of any improvement to the design or function of that work; or
(b) the replacement of the whole of that work; or
(c) work to remedy the extraordinary failure of all or part of that work.
"MDB Act" means the Murray-Darling Basin Act 1993 .
"MDB Agreement" has the same meaning as Agreement in the MDB Act.
"measures" includes strategies, plans and programs.
"member of the governing body of a relevant interest group" has the meaning given by subsection 178(4).
"modifications" includes additions, omissions and substitutions.
"Murray-Darling Basin" means the area falling within the Murray-Darling Basin drainage division as set out in the dataset for that division that:
(a) is dated 28 May 2007; and
(b) has a dataset scale of 1:250,000; and
(c) specifies the boundary of the Murray‑Darling Basin drainage division derived from the Australian Drainage Divisions, as defined by the Australian Water Resources Management Commission in 1997; and
(d) is held by the Commonwealth.
Note 1: An indicative map of this area is set out in Schedule 1.
Note 2: A copy of the dataset can be obtained from Geoscience Australia or the Department.
"Murray-Darling Basin Commission" has the same meaning as Commission in the MDB Act.
"Murray-Darling Basin Ministerial Council" has the same meaning as Ministerial Council in the MDB Agreement.
"Murray-Darling Basin Special Account" means the account established by section 209.
"National Water Commission" means the National Water Commission established by section 6 of the National Water Commission Act 2004 .
"National Water Information Standards" means the standards issued under section 130.
"National Water Initiative" means the Intergovernmental Agreement on a National Water Initiative between the Commonwealth of Australia and the Governments of New South Wales, Victoria, Queensland, South Australia, Western Australia, Tasmania, the Australian Capital Territory and the Northern Territory (as amended from time to time).
"Natural Resource Management Ministerial Council" has the same meaning as in the National Water Commission Act 2004 .
(a) an agency of a Basin State that has the function of managing a river flow control work or a salinity work (whether or not the function is carried out by another person under a licence, contract or other arrangement with the agency); or
(b) a person who has the function of managing a river flow control work or a salinity work (whether or not the function is carried out by another person under a licence, contract or other arrangement with the person).
"overallocation" : there is an overallocation for a water resource plan area if, with full development of water access rights in relation to the water resources of the area, the total volume of water able to be extracted by the holders of water access rights at a given time exceeds the environmentally sustainable level of take for those water resources.
"overuse" : there is an overuse for a water resource plan area if the total volume of water actually taken for consumptive use from the water resources of the area at a given time exceeds the environmentally sustainable level of take for those water resources.
Note: An overuse may arise for a water resource plan area if the area is overallocated, or if the planned allocation for the area is exceeded due to inadequate monitoring or accounting.
"penalty unit" has the meaning given by section 4AA of the Crimes Act 1914 .
"planned environmental water" has the meaning given by section 6.
"premises" includes the following:
(a) a building;
(b) a place (including an area of land);
(c) a vehicle;
(d) a vessel;
(e) an aircraft;
(f) a water resource;
(g) any part of premises (including premises referred to in paragraphs (a) to (f)).
"principles of ecologically sustainable development" has the meaning given by subsection (2).
"Ramsar Convention" means the Convention on Wetlands of International Importance especially as Waterfowl Habitat done at Ramsar, Iran, on 2 February 1971.
Note: The text of the Convention is set out in Australian Treaty Series 1975 No. 48. In 2007, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII Internet site (www.austlii.edu.au).
"referring State" has the meaning given by section 5.
"registrable water rights" has the meaning given by section 101.
"regulated water charges" has the meaning given by section 91.
"relevant international agreement" means the following:
(a) the Ramsar Convention;
(b) the Biodiversity Convention;
(c) the Desertification Convention;
(d) the Bonn Convention;
(e) CAMBA;
(f) JAMBA;
(g) ROKAMBA;
(h) the Climate Change Convention;
(i) any other international convention to which Australia is a party and that is:
(i) relevant to the use and management of the Basin water resources; and
(ii) prescribed by the regulations for the purposes of this paragraph.
"relevant State Minister" , for a Basin State, means:
(a) the Minister of the Crown for the State who is responsible for the administration of the State's water management law; or
(b) if there is more than one such Minister--the Minister of the Crown for the State that the Premier of the State advises the Authority, in writing, is the relevant State Minister for the State.
"river flow control work" has the meaning given by section 8.
"ROKAMBA" means the Agreement with the Government of the Republic of Korea on the Protection of Migratory Birds done at Canberra on 6 December 2006.
Note: The text of the Agreement is set out in Australian Treaty Series 2007 No. 24. In 2007, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII Internet site (www.austlii.edu.au).
"salinity work" means a work to reduce, or maintain, salinity levels in the Murray-Darling Basin.
"State" includes the Australian Capital Territory and the Northern Territory.
"State water management law" means:
(a) the Water Management Act 2000 , the Water Act 1912 and the Rivers and Foreshores Improvement Act 1948 of New South Wales; or
(b) the Water Act 1989 and Parts 4 and 5 of the Catchment and Land Protection Act 1994 of Victoria; or
(c) the Water Act 2000 of Queensland; or
(d) the Natural Resources Management Act 2004 of South Australia; or
(e) the Water Resources Act 2007 of the Australian Capital Territory; or
(f) a law of a Basin State that:
(i) is relevant to the management of Basin water resources; and
(ii) is prescribed by the regulations for the purposes of this definition;
and includes regulations, and other instruments, made under those laws.
"State water sharing arrangement" means the provisions of:
(a) the MDB Agreement; or
(b) any arrangements prescribed by the regulations for the purposes of this paragraph;
that deal with the sharing of water between States.
(a) water in a watercourse, lake or wetland; and
(b) any water flowing over or lying on land:
(i) after having precipitated naturally; or
(ii) after having risen to the surface naturally from underground.
"take" water from a water resource means to remove water from, or to reduce the flow of water in or into, the water resource including by any of the following means:
(a) pumping or siphoning water from the water resource;
(b) stopping, impeding or diverting the flow of water in or into the water resource;
(c) releasing water from the water resource if the water resource is a wetland or lake;
(d) permitting water to flow from the water resource if the water resource is a well or watercourse;
and includes storing water as part of, or in a way that is ancillary to, any of the processes or activities referred to in paragraphs (a) to (d).
"temporary diversion provision" has the meaning given by item 7 of the table in subsection 22(1).
"thing" includes a substance, and a thing in electronic or magnetic form.
"tradeable water rights" means:
(a) water access rights; or
(b) water delivery rights; or
(c) irrigation rights.
"transitional water resource plan" has the meaning given by section 241.
"water access entitlement" means a perpetual or ongoing entitlement, by or under a law of a State, to exclusive access to a share of the water resources of a water resource plan area.
(a) means any right conferred by or under a law of a State to do either or both of the following:
(i) to hold water from a water resource;
(ii) to take water from a water resource; and
(b) without limiting paragraph (a), includes the following rights of the kind referred to in that paragraph:
(i) stock and domestic rights;
(ii) riparian rights;
(iii) a water access entitlement;
(iv) a water allocation; and
(c) includes any other right in relation to the taking or use of water that is prescribed by the regulations for the purposes of this paragraph.
"water accounting period" for a water resource plan area has the meaning given by item 2 of the table in subsection 22(1).
"water allocation" means the specific volume of water allocated to water access entitlements in a given water accounting period.
"water charge rules" has the meaning given by section 92.
"water charging objectives and principles" means the objectives set out in Schedule 2.
(a) means a river, creek or other natural watercourse (whether modified or not) in which water is contained or flows (whether permanently or from time to time); and
(b) includes:
(i) a dam or reservoir that collects water flowing in a watercourse; and
(ii) a lake or wetland through which water flows; and
(iii) a channel into which the water of a watercourse has been diverted; and
(iv) part of a watercourse; and
(v) an estuary through which water flows.
"water delivery right" means a right to have water delivered by an infrastructure operator.
"water-dependent ecosystem" means a surface water ecosystem or a ground water ecosystem, and its natural components and processes, that depends on periodic or sustained inundation, waterlogging or significant inputs of water for its ecological integrity and includes an ecosystem associated with:
(a) a wetland; or
(b) a stream and its floodplain; or
(c) a lake or a body of water (whether fresh or saline); or
(d) a salt marsh; or
(e) an estuary; or
(f) a karst system; or
(g) a ground water system;
and a reference to a water‑dependent ecosystem includes a reference to the biodiversity of the ecosystem.
"water information" has the meaning given by section 125.
"water market rules" has the meaning given by section 97.
(a) surface water or ground water; or
(b) a watercourse, lake, wetland or aquifer (whether or not it currently has water in it);
and includes all aspects of the water resource (including water, organisms and other components and ecosystems that contribute to the physical state and environmental value of the water resource).
"water resource plan" for a water resource plan area means a plan that:
(a) provides for the management of the water resource plan area; and
(b) is either:
(i) accredited under section 63; or
(ii) adopted under section 69;
but only to the extent to which the water resource plan:
(c) relates to Basin water resources; and
(d) makes provision in relation to the matters that the Basin Plan requires a water resource plan to include.
"water resource plan area" means an area that:
(a) contains part of the Basin water resources; and
(b) is specified in the Basin Plan as an area that is a water resource plan area for the purposes of this Act.
Note: See item 2 of the table in subsection 22(1).
"water resources" of a water resource plan area has the meaning given by item 2 of the table in subsection 22(1).
"water service infrastructure" has the meaning given by subsection 7(3).
"water trading rules" means the rules included in the Basin Plan under item 12 of the table in subsection 22(1).
"wetland" has the same meaning as in the Ramsar Convention.
(2) The following principles are principles of ecologically sustainable development :
(a) decision‑making processes should effectively integrate both long‑term and short‑term economic, environmental, social and equitable considerations;
(b) if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;
(c) the principle of inter‑generational equity--that the present generation should ensure that the health, biodiversity and productivity of the environment is maintained or enhanced for the benefit of future generations;
(d) the conservation of biodiversity and ecological integrity should be a fundamental consideration in decision‑making;
(e) improved valuation, pricing and incentive mechanisms should be promoted.