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 (WATER FOR THE ENVIRONMENT SPECIAL ACCOUNT) BILL 2012

2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Water Amendment (Water for the
Environment Special Account) Bill 2012
No. , 2012
(Sustainability, Environment, Water, Population and Communities)
A Bill for an Act to amend the Water Act 2007 to
establish a Special Account, and for related
purposes
i Water Amendment (Water for the Environment Special Account) Bill 2012 No. , 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Water for the Environment Special Account
3
Water Act 2007
3
Water Amendment (Water for the Environment Special Account) Bill 2012 No. , 2012 1
A Bill for an Act to amend the Water Act 2007 to
1
establish a Special Account, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Water Amendment (Water for the
6
Environment Special Account) Act 2012.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Water Amendment (Water for the Environment Special Account) Bill 2012 No. ,
2012
Commencement information
Column 1
Column 2
Column 3
Provision(s) Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The later of:
(a) the start of the day this Act receives the
Royal Assent; and
(b) the start of the day the Water Amendment
(Long-term Average Sustainable
Diversion Limit Adjustment) Act 2012
receives the Royal Assent.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
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.
6
3 Schedule(s)
7
Each Act 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.
11
12
Water for the Environment Special Account Schedule 1
Water Amendment (Water for the Environment Special Account) Bill 2012 No. , 2012
3
Schedule 1--Water for the Environment
1
Special Account
2
3
Water Act 2007
4
1 Subsection 4(1)
5
Insert:
6
Water for the Environment Special Account means the Special
7
Account established by section 86AB.
8
2 After Part 2
9
Insert:
10
Part 2AA--Water for the Environment Special
11
Account
12
13
86AA Object of this Part
14
(1) The object of this Part is to enhance the environmental outcomes
15
that can be achieved by the Basin Plan, as in force from time to
16
time, by:
17
(a) protecting and restoring the environmental assets of the
18
Murray-Darling Basin; and
19
(b) protecting biodiversity dependent on the Basin water
20
resources;
21
so as to give effect to relevant international agreements.
22
(2) Without limiting subsection (1), examples of how environmental
23
assets of the Murray-Darling Basin may be protected or restored
24
include the following:
25
(a) increasing the flow of water through barrages to the Coorong;
26
(b) increasing the average depth of water in the Lower Lakes;
27
(c) reducing the average salinity levels in the Coorong and
28
Lower Lakes;
29
(d) increasing the average depth of water at the mouth of the
30
River Murray;
31
Schedule 1 Water for the Environment Special Account
4 Water Amendment (Water for the Environment Special Account) Bill 2012 No. ,
2012
(e) flushing salt from the water resources of the Murray-Darling
1
Basin to reduce the average salinity levels of the Basin;
2
(f) allowing for environmental watering of floodplains of the
3
River Murray System;
4
(g) providing flows of water over the banks of rivers and streams
5
to improve connections between water-dependent ecosystems
6
in the River Murray System.
7
(3) The object of this Part is to be achieved by:
8
(a) easing or removing constraints on the capacity to deliver
9
environmental water to the environmental assets of the
10
Murray-Darling Basin; and
11
(b) increasing the volume of the Basin water resources that is
12
available for environmental use by up to 450 gigalitres.
13
86AB Water for the Environment Special Account
14
(1) The Water for the Environment Special Account is established by
15
this section.
16
(2) The Account is a Special Account for the purposes of the Financial
17
Management and Accountability Act 1997.
18
86AC Credits to the Water for the Environment Special Account
19
(1) There must be credited to the Water for the Environment Special
20
Account the following amounts:
21
(a) all amounts appropriated by the Parliament for the purposes
22
of that Account;
23
(b) amounts paid by a Basin State, under an agreement between
24
the Commonwealth and the State, for crediting to that
25
Account;
26
(c) amounts received for crediting to that Account by the
27
Commonwealth under any other agreement;
28
(d) amounts equal to money received by the Commonwealth in
29
relation to property paid for with amounts debited from that
30
Account;
31
(e) amounts equal to amounts of any gifts given or bequests
32
made for the purposes of that Account.
33
Water for the Environment Special Account Schedule 1
Water Amendment (Water for the Environment Special Account) Bill 2012 No. , 2012
5
Note:
An Appropriation Act provides for amounts to be credited to a Special
1
Account if any of the purposes of the Account is a purpose that is
2
covered by an item in the Appropriation Act.
3
(2) Amounts equal to money received by the Commonwealth from the
4
disposal of or other dealings with water access rights paid for with
5
amounts debited from the Water for the Environment Special
6
Account are not to be credited to that Account.
7
Note:
Such amounts are instead credited to the Environmental Water
8
Holdings Special Account (see paragraphs 105(2)(a) and 112(1)(b)).
9
86AD Purposes of the Water for the Environment Special Account
10
(1) This section sets out the purposes of the Water for the Environment
11
Special Account.
12
(2) Amounts standing to the credit of the Water for the Environment
13
Special Account may be debited for any of the following purposes:
14
(a) making payments in relation to projects whose aim is to
15
further the object of this Part by doing one or more of the
16
following:
17
(i) improving the water efficiency of the infrastructure that
18
uses Basin water resources for irrigation;
19
(ii) improving the water efficiency of any other
20
infrastructure that delivers, stores or drains Basin water
21
resources for the primary purpose of providing water for
22
irrigation;
23
(iii) improving or modifying any infrastructure (including
24
bridges and roads) that constrains the delivery of
25
environmental water to the environmental assets of the
26
Murray-Darling Basin in order to ease or remove those
27
constraints;
28
(iv) increasing the capacity of dams and storages to deliver
29
environmental water to the environmental assets of the
30
Murray-Darling Basin;
31
(v) entering agreements to acquire an interest in, or in
32
relation to, land (including easements) to facilitate
33
environmental watering of the environmental assets of
34
the Murray-Darling Basin;
35
(vi) improving the rules, policies, practices and procedures
36
in relation to the use and management of the Basin
37
water resources;
38
Schedule 1 Water for the Environment Special Account
6 Water Amendment (Water for the Environment Special Account) Bill 2012 No. ,
2012
(b) purchasing water access rights in relation to Basin water
1
resources for the purpose of furthering the object of this Part;
2
(c) making any other payments:
3
(i) in relation to projects whose aim is to further the object
4
of this Part; or
5
(ii) to address any detrimental social or economic impact on
6
the wellbeing of any community in the Murray-Darling
7
Basin that is associated with a project or purchase
8
referred to in paragraph (a) or (b) or subparagraph (c)(i)
9
so as to offset any such impact;
10
(d) meeting the expenses of administering the Account.
11
(3) For the purposes of this section, the expenses of administering the
12
Water for the Environment Special Account do not include the cost
13
of salaries of the Department.
14
(4) An amount may be debited from the Water for the Environment
15
Special Account for the purpose of making a payment in relation to
16
a project or purchase referred to in paragraph (2)(a) or (b) or
17
subparagraph (2)(c)(i) only if the project or purchase is related to
18
an adjustment of a long-term average sustainable diversion limit
19
for the water resources of a particular water resource plan area (or
20
a particular part of those water resources) under section 23A
21
(whether or not the adjustment has been proposed, and whether or
22
not the adjustment has been adopted as an amendment) because the
23
project or purchase achieves the object of this Part in accordance
24
with subsection 86AA(3).
25
Note:
A proposed adjustment may be adopted by the Minister as an
26
amendment of the Basin Plan under subsection 23B(6).
27
86AE Commonwealth environmental water holdings
28
(1) To avoid doubt, water access rights acquired by the
29
Commonwealth with amounts debited from the Water for the
30
Environment Special Account form part of the Commonwealth
31
environmental water holdings (see section 108).
32
Note:
The Commonwealth Environmental Water Holder must (subject to
33
subsection (2) of this section) dispose or otherwise deal with
34
Commonwealth environmental water holdings in accordance with
35
sections 105 and 106.
36
Water for the Environment Special Account Schedule 1
Water Amendment (Water for the Environment Special Account) Bill 2012 No. , 2012
7
(2) Paragraphs 105(3)(b) and (4)(b) and 106(2)(b) and (c), and
1
subsection 105(5), do not apply in relation to any water access
2
right that forms part of the Commonwealth environmental water
3
holdings if the water access right was acquired by the
4
Commonwealth with amounts debited from the Water for the
5
Environment Special Account.
6
86AF Arrangements to make payments
7
(1) The Minister may, on behalf of the Commonwealth, enter into
8
arrangements and make payments for the purposes of subsection
9
86AD(2).
10
(2) If a Basin State is granted financial assistance with an amount
11
debited from the Water for the Environment Special Account, the
12
terms and conditions on which that financial assistance is granted
13
are to be set out in a written agreement between the
14
Commonwealth and the Basin State.
15
86AG Amounts to be credited to the Water for the Environment
16
Special Account
17
At the beginning of 1 July in each financial year specified in the
18
following table, the amount specified in the table for that year is
19
credited by force of this section to the Water for the Environment
20
Special Account.
21
22
Yearly payments
Item
Financial year
Amount for financial
year
1 2014-2015
$15,000,000.00
2 2015-2016
$40,000,000.00
3 2016-2017
$110,000,000.00
4 2017-2018
$430,000,000.00
5 2018-2019
$320,000,000.00
6 2019-2020
$350,000,000.00
7 2020-2021
$315,000,000.00
8 2021-2022
$105,000,000.00
9 2022-2023
$60,000,000.00
Schedule 1 Water for the Environment Special Account
8 Water Amendment (Water for the Environment Special Account) Bill 2012 No. ,
2012
Yearly payments
Item
Financial year
Amount for financial
year
10 2023-2024
$30,000,000.00
86AH Special provision for the 2024-2025 financial year
1
The balance of the Water for the Environment Special Account
2
from the beginning of 1 July 2024 is zero.
3
Note:
The effect of this section is that on 1 July 2024, the entire balance of
4
the Water for the Environment Special Account is debited from the
5
Account.
6
86AI Annual report
7
Annual report to be given to Minister
8
(1) As soon as practicable after 30 June in each financial year (the
9
report year), the Secretary of the Department must prepare and
10
give to the Minister, for presentation to the Parliament, a report on
11
the Water for the Environment Special Account during that year.
12
Contents of annual report
13
(2)
The
Secretary of the Department must include in each annual
14
report particulars of the following:
15
(a) the objectives and priorities for amounts debited during the
16
report year from the Water for the Environment Special
17
Account;
18
(b) achievements against those objectives and priorities,
19
including the following:
20
(i) the increase during the report year in the volume of the
21
Commonwealth environmental water holdings as a
22
result of amounts debited from the Water for the
23
Environment Special Account (whether the amounts
24
were debited in that or any other year);
25
(ii) a description of the kinds of water access rights
26
acquired by the Commonwealth during the report year
27
as a result of amounts debited from the Water for the
28
Environment Special Account (whether the amounts
29
were debited in that or any other year);
30
Water for the Environment Special Account Schedule 1
Water Amendment (Water for the Environment Special Account) Bill 2012 No. , 2012
9
(iii) the water resource plan areas in which water access
1
rights referred to in subparagraph (ii) have been
2
acquired;
3
(c) for each project in relation to which an amount was debited
4
from the Water for the Environment Special Account during
5
the report year for the purposes of paragraph 86AD(2)(a) or
6
subparagraph 86AD(2)(c)(i):
7
(i) a description of the project; and
8
(ii) the aim of the project; and
9
(iii) the water resource plan area in which the project is to
10
take place or is taking place;
11
(d) if an amount was debited during a previous financial year for
12
the purposes of paragraph 86AD(2)(a) or subparagraph
13
86AD(2)(c)(i) in relation to a project--any significant
14
developments during the report year in relation to the project;
15
(e) in any case--any amount debited from the Water for the
16
Environment Special Account during the report year, and the
17
purpose for which the amount was debited.
18
Annual report to be tabled in Parliament
19
(3) The Minister must cause a copy of each annual report to be tabled
20
in each House of the Parliament within 15 sitting days of that
21
House after the day the Minister receives the report.
22
Annual report to be given to Basin States
23
(4) The Minister must cause a copy of each annual report to be given
24
to the relevant State Minister for each of the Basin States on or
25
before the day the report is first tabled in a House of the
26
Parliament.
27
3 At the end of subsection 105(3)
28
Add:
29
Note:
This subsection and subsection (4) are modified in relation to water
30
access rights acquired by the Commonwealth with amounts debited
31
from the Water for the Environment Special Account (see subsection
32
86AE(2)).
33
4 At the end of subsection 106(2)
34
Add:
35
Schedule 1 Water for the Environment Special Account
10 Water Amendment (Water for the Environment Special Account) Bill 2012 No. ,
2012
Note:
This subsection is modified in relation to water access rights acquired
1
by the Commonwealth with amounts debited from the Water for the
2
Environment Special Account (see subsection 86AE(2)).
3
5 At the end of subsection 108(1)
4
Add:
5
Note:
Water access rights acquired by the Commonwealth with amounts
6
debited from the Water for the Environment Special Account form
7
part of the Commonwealth environmental water holdings (see
8
subsection 86AE(1)).
9
6 After paragraph 251(2)(e)
10
Insert:
11
(ea) the power to enter into an arrangement under subsection
12
86AF(1) that contains, or is to contain, terms and conditions
13
referred to in subsection 86AF(2); or
14

 


[Index] [Search] [Download] [Related Items] [Help]