Commonwealth Numbered Regulations - Explanatory Statements

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


WATER AMENDMENT REGULATIONS 2008 (NO. 2) (SLI NO 229 OF 2008)

EXPLANATORY STATEMENT

Select Legislative Instrument 2008 No. 229

Issued by the Authority of the Minister for Climate Change and Water

Water Act 2007

Water Amendment Regulations 2008 (No. 2)

 

The Water Act 2007 (the Act), which commenced on 3 March 2008, provides for the coordinated management of the water resources of the Murray-Darling Basin and for other matters of national interest, including the giving of water information to the Commonwealth Bureau of Meteorology.

Subsection 256(1) of the Act provides that the Governor‑General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

In addition, section 126 of the Act provides for the making of regulations, specifying persons or classes of persons who must give to the Bureau specified water information that is in their possession, custody or control, within a specified time and in the form and manner specified.

The Water Regulations 2008 (the Principal Regulations) specify arrangements for the purposes of section 126 of the Act. The Regulations modify the requirements for the giving of water information. In particular they:

·        remove the requirements on persons to give specified water information collected during episodic events, such as windspeeds recorded during bushfires (proposed regulation 7.11);

·        extend the timeline for specified persons to first give water information, from six months after commencement of the Principal Regulations to seven months after commencement. This avoids the requirement coming into effect on the 31st December, in the middle of the holiday period (proposed regulation 7.13);

·        update the list of specified persons to reflect recent changes, particularly in relation to the amalgamation of councils that has taken place in Queensland (Schedule 2); and

·        add new sites to the list of Commercially Sensitive Sites. These are sites from which for commercial reasons the Bureau does not require information to be given until two months after collection (Schedule 4).

These amendments are the direct result of feedback from persons affected by the Regulations. The Bureau is in direct contact with all person named in the Regulations and has run public forums in all capital cities as well as meeting directly with industry lobby groups to explain and discuss the obligations placed by the Regulations. The Bureau is committed to ongoing engagement and consultation with persons affected by the Regulations.

Details of the amendments to the Principal Regulations are set out in the Attachment.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.

 

 

 

 

 


ATTACHMENT

Water Amendment Regulations 2008 (No. 2)

The details of the Regulations are:

Part 1 - Preliminary

Regulation 1 – Name of Regulations

This regulation provides that the title of the Regulations is the Water Amendment Regulations 2008 (No. 2).

Regulation 2 – Commencement

This regulation provides that the Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

Regulation 3 – Amendment of Water Regulations 2008

This regulation provides that Schedule 1 amends the Water Regulations 2008.

Schedule 1 – Amendments

Item 1

This item corrects the paragraph numbering.

Item 2 – After paragraph 7.11 (2) (d)

This item inserts a new paragraph (da) (removes the requirement to give certain episodic data) as follows: (da) Information in the possession, custody or control of a person if the information was collected from a single site for a period of no more than 12 continuous weeks;

Item 3 – Subregulation 7.13 (2), table, items 2,6,7,8 and 11

This item substitutes the term 7 calendar months for 6 calendar months.

Items 4 to 14 – Schedule 2

These items update the names of various persons specified in the schedule to reflect recent changes in the functions, titles or responsibilities of those persons with regard to water information.

Item 15

This item corrects the paragraph numbering.

Item 16 – Schedule 4

This item updates the list of commercially sensitive sites to reflect recent additions.


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