Commonwealth of Australia Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
WATER AMENDMENT (LONG-TERM AVERAGE SUSTAINABLE DIVERSION LIMIT ADJUSTMENT) BILL 2012
2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Water Amendment (Long-term Average
Sustainable Diversion Limit Adjustment)
Bill 2012
No. , 2012
(Sustainability, Environment, Water, Population and Communities)
A Bill for an Act to amend the Water Act 2007 in
relation to long-term average sustainable diversion
limits, and for related purposes
i Water Amendment (Long-term Average Sustainable Diversion Limit Adjustment) Bill 2012
No. , 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Water Act 2007
3
Water Amendment (Long-term Average Sustainable Diversion Limit Adjustment) Bill 2012
No. , 2012 1
A Bill for an Act to amend the Water Act 2007 in
1
relation to long-term average sustainable diversion
2
limits, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Water Amendment (Long-term
6
Average Sustainable Diversion Limit Adjustment) Act 2012.
7
2 Commencement
8
This Act commences on the day this Act receives the Royal
9
Assent.
10
2 Water Amendment (Long-term Average Sustainable Diversion Limit Adjustment) Bill
2012 No. , 2012
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amendments Schedule 1
Water Amendment (Long-term Average Sustainable Diversion Limit Adjustment) Bill 2012
No. , 2012 3
Schedule 1--Amendments
1
2
Water Act 2007
3
1 Subsection 4(1)
4
Insert:
5
Basin reference limit has the meaning given by subsection 23A(5).
6
2 Subsection 4(1)
7
Insert:
8
proposed Basin limit has the meaning given by subsection 23A(5).
9
3 Subsection 4(1)
10
Insert:
11
proposed plan area limit has the meaning given by subsection
12
23A(5).
13
4 Subsection 4(1)
14
Insert:
15
reference time has the meaning given by subsection 23A(5).
16
5 Subsection 4(1)
17
Insert:
18
total Basin adjustment percentage has the meaning given by
19
subsections 23A(5) and (6).
20
6 Subsection 22(1) (cell at table item 6, column headed
21
"Specific requirements")
22
Repeal the cell, substitute:
23
24
Schedule 1 Amendments
4 Water Amendment (Long-term Average Sustainable Diversion Limit Adjustment) Bill
2012 No. , 2012
The limit must comply with
section 23.
Sections 23A and 23B deal with
adjustments to the limit.
Section 75 requires particular
matters to be specified in the
Basin Plan if a long-term average
sustainable diversion limit for the
water resources, or a particular
part of the water resources, of a
water resource plan area is
reduced.
7 Subsection 22(1) (cell at table item 11, column headed
1
"Specific requirements")
2
Omit "Subsection (3) provides", substitute "Subsections (3), (6A) and
3
(6B) provide".
4
8 Paragraph 22(3)(b)
5
After "water resource plan area", insert "(see also subsections (6A) and
6
(6B))".
7
9 After subsection 22(6)
8
Insert:
9
Adjustments to long-term annual diversion limits
10
(6A) The requirements in paragraph (3)(b) must include a requirement
11
for a water resource plan for a water resource plan area to contain a
12
mechanism for incorporating and applying the long-term annual
13
diversion limit for the water resources of that plan area (or for a
14
particular part of those water resources), as that limit is after it has
15
been amended to take account of a relevant SDL adjustment.
16
(6B) For the purposes of subsection (6A), a relevant SDL adjustment,
17
in relation to a water resource plan area, is an adjustment of the
18
long-term average sustainable diversion limit for the water
19
resources of that plan area (or for a particular part of those water
20
resources) that is adopted under subsection 23B(6) as an
21
amendment of the Basin Plan after the water resource plan for that
22
plan area is accredited or adopted.
23
Amendments Schedule 1
Water Amendment (Long-term Average Sustainable Diversion Limit Adjustment) Bill 2012
No. , 2012 5
10 Section 23
1
Repeal the section, substitute:
2
23 Long-term average sustainable diversion limits
3
(1) A long-term average sustainable diversion limit must reflect an
4
environmentally sustainable level of take.
5
(2) A long-term average sustainable diversion limit may be specified:
6
(a) as a particular quantity of water per year; or
7
(b) as a formula or other method that may be used to calculate a
8
quantity of water per year; or
9
(c) in any other way that the Authority determines to be
10
appropriate.
11
Note:
Sections 23A and 23B set out how a long-term average sustainable
12
diversion limit may be adjusted.
13
(3) A reference in this section to a long-term average sustainable
14
diversion limit is a reference to a long-term average sustainable
15
diversion limit for:
16
(a) the Basin water resources; or
17
(b) the water resources of a particular water resource plan area;
18
or
19
(c) a particular part of the water resources referred to in
20
paragraph (b).
21
23A Proposing adjustments of long-term average sustainable
22
diversion limits
23
(1) The Basin Plan may provide for the Authority to propose:
24
(a) an adjustment of the long-term average sustainable diversion
25
limit for the water resources of a particular water resource
26
plan area (or a particular part of those water resources) by an
27
amount determined by the Authority (subject to
28
subsection (4)); and
29
(b) as a result of one or more adjustments under paragraph (a) of
30
this subsection, an adjustment of the long-term average
31
sustainable diversion limit for the Basin water resources by
32
an amount determined by the Authority.
33
Schedule 1 Amendments
6 Water Amendment (Long-term Average Sustainable Diversion Limit Adjustment) Bill
2012 No. , 2012
(2) If the Basin Plan includes provisions as described in subsection (1),
1
the Plan must also include:
2
(a) criteria for determining whether the Authority should propose
3
an adjustment, and the amount of an adjustment, referred to
4
in paragraph (1)(a) or (b); and
5
(b) a requirement for the Authority to determine whether it is
6
satisfied that the criteria referred to in paragraph (a) of this
7
subsection have been met; and
8
(c) a requirement for the Authority not to propose an adjustment
9
under paragraph (1)(a) or (b) without seeking and
10
considering advice from the Basin Officials Committee.
11
(3) To avoid doubt:
12
(a) the Authority may propose an adjustment under
13
paragraph (1)(a) or (b) without preparing an amendment of
14
the Basin Plan under Subdivision F; and
15
(b) a long-term average sustainable diversion limit that is
16
produced after the adjustment proposed by the Authority
17
under paragraph (1)(a) or (b) has been taken into account
18
must reflect an environmentally sustainable level of take.
19
Note:
A proposed adjustment is adopted by the Minister as an amendment of
20
the Basin Plan under subsection 23B(6).
21
Limit on proposed adjustments
22
(4) One or more adjustments may be proposed by the Authority under
23
paragraph (1)(a), and an adjustment may be proposed under
24
paragraph (1)(b) as a result of those adjustments, only if the total
25
Basin adjustment percentage is no more than 5%.
26
Definitions
27
(5) In this Act:
28
Basin reference limit means the long-term average sustainable
29
diversion limit for the Basin water resources that applies at the
30
reference time.
31
proposed Basin limit means the long-term average sustainable
32
diversion limit for the Basin water resources:
33
Amendments Schedule 1
Water Amendment (Long-term Average Sustainable Diversion Limit Adjustment) Bill 2012
No. , 2012 7
(a) that is produced after the adjustment proposed by the
1
Authority under paragraph (1)(b) has been taken into
2
account; and
3
(b) that replaces the previous long-term average sustainable
4
diversion limit for the Basin water resources.
5
proposed plan area limit means the long-term average sustainable
6
diversion limit for the water resources of a particular water
7
resource plan area (or a particular part of those water resources):
8
(a) that is produced after the adjustment proposed by the
9
Authority under paragraph (1)(a) has been taken into
10
account; and
11
(b) that replaces the previous long-term average sustainable
12
diversion limit for those water resources (or the particular
13
part of those water resources).
14
reference time means:
15
(a) unless paragraph (b) or (c) applies--the time the Basin Plan
16
first takes effect; or
17
(b) if, as a result of the most recent review of the Basin Plan
18
under Subdivision G, an amendment of any one or more
19
long-term average sustainable diversion limits is adopted--
20
the time when the amendment or amendments take effect; or
21
(c) if, after the most recent review of the Basin Plan under
22
Subdivision G, the Authority advises the Minister, when
23
giving a report of the results of the review to the Minister
24
under subsection 50(5), that the Authority has decided not to
25
prepare any amendment of any long-term average sustainable
26
diversion limit--the time when the report is given to the
27
Minister.
28
total Basin adjustment percentage, in relation to one or more
29
adjustments proposed under paragraph (1)(a), is the amount of the
30
difference between:
31
(a) the proposed Basin limit that is proposed as a result of those
32
adjustments; and
33
(b) the Basin reference limit;
34
expressed as a percentage of the Basin reference limit.
35
(6) If the amount of the difference between the limits in paragraphs (a)
36
and (b) of the definition of total Basin adjustment percentage in
37
Schedule 1 Amendments
8 Water Amendment (Long-term Average Sustainable Diversion Limit Adjustment) Bill
2012 No. , 2012
subsection (5) is negative, express that amount as a positive
1
amount.
2
23B Adopting proposed adjustments as amendments of Basin Plan
3
(1) This section applies if the Authority proposes one or more
4
adjustments of the long-term average sustainable diversion limits
5
for the water resources of particular water resource plan areas (or
6
particular parts of those water resources) under paragraph
7
23A(1)(a).
8
(2) For each water resource plan area (or each part) for which an
9
adjustment is proposed, the Authority must include the following
10
information in a notice:
11
(a) the long-term average sustainable diversion limit, for the
12
water resources of the plan area (or the particular part of
13
those water resources), that applied at the reference time;
14
(b) the proposed plan area limit;
15
(c) the amount of the difference between the limits referred to in
16
paragraphs (a) and (b) of this subsection, expressed as a
17
percentage of the amount of the limit referred to in
18
paragraph (a);
19
(d) if, on one or more occasions since the reference time,
20
adjustments of the long-term average sustainable diversion
21
limit for the water resources of that plan area (or the
22
particular part of those water resources) have been adopted as
23
amendments by the Minister under subsection (6)--the limit
24
as so adjusted;
25
(e) an outline of the material on which the Authority based its
26
decision in determining that the criteria referred to in
27
paragraph 23A(2)(a) had been met in relation to the
28
adjustment and the amount of the adjustment.
29
(3) A notice made under subsection (2) must also include:
30
(a) the proposed Basin limit that is proposed as a result of the
31
proposed adjustments referred to in subsection (1); and
32
(b) the total Basin adjustment percentage; and
33
(c) an outline of the material on which the Authority based its
34
decision in determining that the criteria referred to in
35
paragraph 23A(2)(a) had been met in relation to the
36
adjustment, and the amount of the adjustment, of the
37
Amendments Schedule 1
Water Amendment (Long-term Average Sustainable Diversion Limit Adjustment) Bill 2012
No. , 2012 9
long-term average sustainable diversion limit for the Basin
1
water resources.
2
(4) The Authority must also prepare an amendment of the Basin Plan
3
that sets out each proposed plan area limit, and the proposed Basin
4
limit, that is included in the notice.
5
Note:
The amendment is a legislative instrument (see section 33).
6
(5) The Authority must:
7
(a) give the notice made under subsection (2) to the Minister;
8
and
9
(b) give the amendment of the Basin Plan prepared under
10
subsection (4) to the Minister for adoption.
11
(6) As soon as practicable after receiving the amendment, the Minister
12
must adopt, in writing, the amendment.
13
Note:
As a result of a long-term average sustainable diversion limit for the
14
water resources of a particular water resource plan area (or a particular
15
part of those water resources) being amended, the long-term annual
16
diversion limit for those water resources is also amended (see table
17
item 7 of the table in subsection 22(1)).
18
(7) The notice made under subsection (2):
19
(a) must accompany the amendment when the amendment is laid
20
before a House of the Parliament under section 38 of the
21
Legislative Instruments Act 2003; and
22
(b) is not a legislative instrument.
23
11 Subsection 33(2)
24
After "by the Minister under", insert "subsection 23B(6) or".
25
12 Paragraph 33(2)(b)
26
After "under that", insert "subsection or".
27
13 After subsection 33(2)
28
Insert:
29
(2A) Section 42 (disallowance) of the Legislative Instruments Act 2003
30
does not apply to an amendment of the Basin Plan adopted by the
31
Minister under subsection 23B(6).
32
14 Paragraph 251(2)(b)
33
Schedule 1 Amendments
10 Water Amendment (Long-term Average Sustainable Diversion Limit Adjustment) Bill
2012 No. , 2012
Omit "to approve an amendment of the Basin Plan under section 48",
1
substitute "to adopt an amendment of the Basin Plan under subsection
2
23B(6) or section 48".
3