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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Water Amendment Bill 2018
No. , 2018
(Agriculture and Water Resources)
A Bill for an Act to amend the Water Act 2007, and
for related purposes
No. , 2018
Water Amendment Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Water Act 2007
3
No. , 2018
Water Amendment Bill 2018
1
A Bill for an Act to amend the Water Act 2007, and
1
for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Water Amendment Act 2018.
5
2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
2
Water Amendment Bill 2018
No. , 2018
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The earlier of:
(a) the day after this Act receives the Royal
Assent; and
(b) 1 July 2018.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
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3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
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Amendments Schedule 1
No. , 2018
Water Amendment Bill 2018
3
Schedule 1--Amendments
1
2
Water Act 2007
3
1 Subsection 33(2)
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After "section 48", insert "or 49AA".
5
2 At the end of Subdivision F of Division 1 of Part 2
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Add:
7
49AA Amendment of the Basin Plan that is the same in effect as an
8
amendment that has been disallowed
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(1) The Minister may direct the Authority, in writing, to prepare an
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amendment of the Basin Plan if:
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(a) the amendment will be the same in effect as an earlier
12
amendment of the Basin Plan (the earlier amendment) that:
13
(i) has been disallowed (or is taken to have been
14
disallowed) under subsection 42(1) or (2) of the
15
Legislation Act 2003; and
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(ii) was prepared under this Subdivision (other than this
17
section); and
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(b) the direction is given within the period of 12 months
19
beginning on the day that the earlier amendment is
20
disallowed (or is taken to have been disallowed); and
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(c) in the case that an earlier direction has been given under this
22
subsection in relation to the earlier amendment--the
23
amendment prepared in response to that earlier direction was
24
not adopted by the Minister.
25
(2) The Authority must comply with a direction under subsection (1)
26
by preparing the amendment, and giving it to the Minister for
27
adoption, as soon as practicable.
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(3) As soon as practicable after receiving the amendment, the Minister
29
must either:
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(a) adopt, in writing, the amendment; or
31
(b) give the Authority notice, in writing, that the Minister has
32
decided not to adopt the amendment.
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Schedule 1 Amendments
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Water Amendment Bill 2018
No. , 2018
(4) Sections 46 to 48 do not apply to an amendment of the Basin Plan
1
that is to be prepared, or is prepared or adopted, in accordance with
2
this section.
3
(5) A direction under subsection (1) is a legislative instrument, but
4
neither section 42 (disallowance) nor Part 4 of Chapter 3
5
(sunsetting) of the Legislation Act 2003 applies to the direction.
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(6) For the purposes of (and without limiting) this section, including in
7
the amendment one or more of the following changes does not
8
prevent the amendment from being the same in effect as the earlier
9
amendment:
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(a) a change that is required because another amendment of the
11
Basin Plan has commenced after the commencement of the
12
earlier amendment;
13
(b) a change that is required because a requirement under the
14
Basin Plan has already occurred, or been met, after the
15
commencement of the earlier amendment;
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(c) a change that causes the amendment to commence later than
17
the earlier amendment.
18
Note:
There are other kinds of changes that also do not prevent the
19
amendment from being the same in effect as the earlier amendment.
20
For example, minor or non-substantive amendments of the kind
21
specified for the purposes of paragraph 49(1)(a).
22
3 Subsection 175(1) (note)
23
Repeal the note, substitute:
24
Note:
Other provisions enable the Minister to give directions about
25
particular matters (for example, see subparagraphs 44(3)(b)(ii) and
26
48(3)(b)(ii) and subsection 49AA(1)). Those other powers to give
27
directions may be subject to limitations.
28
4 Paragraph 251(2)(b)
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After "section 48", insert "or 49AA".
30
5 After paragraph 251(2)(b)
31
Insert:
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(ba) the power to give a direction under subsection 49AA(1); or
33
6 After section 255B
34
Insert:
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Amendments Schedule 1
No. , 2018
Water Amendment Bill 2018
5
255C Transitional provisions relating to amendments
1
Schedule 10 has effect.
2
7 At the end of the Act
3
Add:
4
Schedule 10--Transitional provisions relating
5
to amendments
6
Note:
See section 255C.
7
Part 1--Transitional provisions relating to the
8
Water Amendment Act 2018
9
10
1 Application of amendments
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The amendments made by Schedule 1 to the Water Amendment Act
12
2018 apply whether the earlier amendment of the Basin Plan was
13
disallowed (or is taken to have been disallowed) under
14
subsection 42(1) or (2) of the Legislation Act 2003 before, at or
15
after the commencement of that Schedule.
16
Note:
For the earlier amendment of the Basin Plan, see
17
paragraph 49AA(1)(a) of this Act.
18
2 Transitional
19
(1) This section applies if the Minister gives a direction under
20
section 49AA for the Authority to prepare an amendment of the
21
Basin Plan that is the same in effect as the Basin Plan Amendment
22
Instrument 2017 (No. 1).
23
(2) For the purposes of (and without limiting) that section, including in
24
the amendment one or more of the following changes does not
25
prevent the amendment from being the same in effect as the Basin
26
Plan Amendment Instrument 2017 (No. 1):
27
(a) an additional requirement in the definition of re-allocation
28
adjustment request in section 6.05 (as substituted by the
29
amendment) of the Basin Plan that a request made before that
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Schedule 1 Amendments
6
Water Amendment Bill 2018
No. , 2018
substitution should be expressed to be made in anticipation of
1
that substitution;
2
(b) an additional requirement in subsection 6.05(13) (as
3
substituted by the amendment) of the Basin Plan that requires
4
the Authority to publish on its website variations to the SDL
5
resource unit shared reduction amounts for SDL resource
6
units in the relevant zones;
7
(c) a change to section 7.14A (as inserted by the amendment) to
8
reflect that the initial adjustments proposed in 2017 (as
9
required by section 7.10 of the Basin Plan) have already
10
occurred.
11