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This is a Bill, not an Act. For current law, see the Acts databases.
SAVING THE GOULBURN AND MURRAY RIVERS BILL 2008
2008
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Saving the Goulburn and Murray Rivers
Bill 2008
(Fran Bailey)
A Bill for an Act to amend the Water Act 2007 to
save the Goulburn and Murray Rivers, and for
related purposes
i Saving the Goulburn and Murray Rivers Bill 2008
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 1
Schedule 1 - Ame ndments to the Wate r Act 2007
2
Saving the Goulburn and Murray Rivers Bill 2008
1
2
3
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A Bill for an Act to amend the Water Act 2007 to
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save the Goulburn and Murray Rivers, and for
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related purposes
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The Parliament of Australia enacts:
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1 Short title
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This Act may be cited as the Saving the Goulburn and Murray
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Rivers Act 2008.
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2 Commence ment
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This Act commences on the day on which it receives the
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Royal Assent.
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3 Schedule(s)
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Each Act that is specified in a Schedule to this Act is amended or
18
repealed as set out in the applicable items in the Schedule
19
concerned, and any other item in a Schedule to this Act has effect
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according to its terms.
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Section 2
2 Saving the Goulburn and Murray Rivers Bill 2008
1
Schedule 1 - Amendments to the Water Act
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2007
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1 Subsection 4(1)
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Insert:
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Water for Rivers means the entity incorporated as a public
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company limited by guarantee in December 2003, arising out of
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legal agreements by the Commonwealth, New South Wales and
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Victorian Governments to achieve significant improvements in
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environmental flows into the Snowy River and the River Murray.
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2 After subsection 18H(1)
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Insert:
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(1A) Until the States of New South Wales, Victoria and South Australia
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have each achieved the objective of increasing the flow of water in
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the River Murray as required by the Living Murray Initiative, these
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States' water savings programs are to be independently audited
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and, as soon as the saved water becomes available, the water must
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be allocated to the Living Murray Initiative and must not be used
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for any other purpose.
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3 At the end of section 21
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Add:
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Basin Plan not to permit taking water for
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additional use outside Basin
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(8) The Basin Plan must ensure that no water is taken from Basin
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water resources for use outside the Murray-Darling Basin unless,
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prior to 3 July 2008, water would have been taken from Basin
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water resources for that use.
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Note: 3 July 2008 is the date the Commonwealth, the Bassin States
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and the Australian Capital Territory entered into an intergovernmental
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agreement on Murray-Darling Basin Reform.
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(9) The Basin Plan must not permit:
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(a) the construction or operation of water infrastructure; or
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Section 2
Saving the Goulburn and Murray Rivers Bill 2008 3
(b) work in the nature of a river flow control work;
1
if the primary purpose of that construction, operation or work
2
is to enable water to be taken contrary to subsection (8).
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Note 1: water infrastructure is defined in section 7(3).
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Note 2: river flow control work is defined in section 8 but has a meaning affected
5
by subsection (10)
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(10) For the purposes of this section, river flow control work has the
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meaning it would have if paragraph 8(2)(b) were repealed.
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(11) To avoid doubt:
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(a) the delivery of water for the initiatives of Water for Rivers
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was an existing use of water prior to 3 July 2008;
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(b) the taking of water for the initiatives of Water for Rivers is
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not contrary to subsection 21(8);
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(c) the construction and operation of water infrastructure for the
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initiatives of Water for Rivers is not contrary to subsection
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257(1); and
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(d) all commenced and provisionally agreed Snowy River
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environmental flows are preserved and excluded from the
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provisions of subsections 21(8), 21(9) and 257(1).
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3 At the end of Part 12
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Add:
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257 Prohibited water infrastructure operations
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(1) An infrastructure operator must not:
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(a) construct or operate water infrastructure; or
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(b) undertake work in the nature of a river flow control work;
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if the primary purpose of that construction, operation or work
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is to enable water to be taken from Basin water resources for
27
use outside the Murray-Darling Basin.
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Note 1: infrastructure operator and water infrastructure are defined
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in section 7.
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Note 2. river flow control work is defined in section 8 but has a
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meaning affected by subsection (3).
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Section 2
4 Saving the Goulburn and Murray Rivers Bill 2008
(2) Subsection (I) does not apply if, prior to 3 July 2008, water would
1
have been taken from Basin water resources for that use.
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(3) For the purposes of this section, river flow control work has the
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meaning it would have if paragraph 8(2)(b) were repealed.
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5