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WATER (COMMONWEALTH POWERS) ACT 2008 (NO 43 OF 2008) - SECT 3

3—Definitions

        (1)         In this Act—

"amendment reference" means the reference under section 4(1)(b);

"Basin water resources" means water resources within or beneath that part of this State that comprises the Murray-Darling Basin (as defined in the terms, or substantially in the terms, set out in the initial referred provisions), but does not include ground water resources of the Great Artesian Basin;

"Commonwealth Water Act" means the Water Act 2007 of the Commonwealth, as in force from time to time;

"Commonwealth Water Act instrument" means any instrument (whether or not of a legislative character) that is made or issued under the Commonwealth Water Act;

"critical human water needs" means the needs for a minimum amount of water, that can only reasonably be provided from Basin water resources, required to meet—

            (a)         core human consumption requirements in urban and rural areas; and

            (b)         those non-human consumption requirements that a failure to meet would cause prohibitively high social, economic or national security costs;

"express amendment" of the Commonwealth Water Act means the direct amendment of the text of Parts 1A, 2A, 4, 4A, 10A and 11A of that Act or of definitions of terms used in those Parts (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act or by an instrument under a Commonwealth Act, but does not include the enactment by a Commonwealth Act of a provision that has or will have substantive effect otherwise than as part of the text of those Parts or those definitions;

"initial reference" means the reference under section 4(1)(a);

"initial referred provisions" means the text of Parts 1A, 2A, 4, 4A, 10A and 11A set out in the tabled text;

"Murray-Darling Basin Agreement" means the Murray-Darling Basin Agreement (a copy of which is set out in the tabled text), as amended from time to time by the parties to that Agreement in accordance with the procedure set out in that Agreement;

"reference" means—

            (a)         the initial reference; or

            (b)         the amendment reference;

"referred subject-matters" means any of the following:

            (a)         the powers, functions and duties of Commonwealth agencies that—

                  (i)         relate to Basin water resources; and

                  (ii)         are conferred by or under the Murray-Darling Basin Agreement;

            (b)         the management of Basin water resources to meet critical human water needs;

            (c)         water charging in relation to Basin water resources (other than for urban water supply after the removal of the water from a Basin water resource);

            (d)         the transformation of entitlements to water from a Basin water resource to enable trading in those water entitlements;

            (e)         the application, in relation to water resources that are not Basin water resources, of provisions of the Commonwealth Water Act dealing with the subject-matters specified in paragraphs (c) and (d) (being an application of a kind that is authorised by the law of this State);

            (f)         the transfer of assets, rights and liabilities of the Murray-Darling Basin Commission to the Murray-Darling Basin Authority established by the Commonwealth Water Act, and other transitional matters relating to the replacement of that Commission;

"tabled text" means the text of the proposed Water Amendment Bill 2008 for a Commonwealth Act as tabled by or on behalf of the Minister for the River Murray in the House of Assembly of South Australia on 23 September 2008.

        (2)         A reference in this Act to a Part of (or to be inserted in) the Commonwealth Water Act includes a reference to any Schedule to (or to be inserted in) that Act that contains provisions enacted for the purposes of that Part.



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