Victorian Bills Explanatory Memoranda

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WATER (COMMONWEALTH POWERS) BILL 2008

    Water (Commonwealth Powers) Bill
                2008

                        Introduction Print

               EXPLANATORY MEMORANDUM




                                 General
The Bill is being enacted to give effect to the Agreement on Murray-Darling
Basin Reform entered into by the Commonwealth, New South Wales,
Victoria, Queensland, South Australia and the Australian Capital Territory on
3 July 2008.

                               Clause Notes

                      PART 1--PRELIMINARY
Clause 1   sets out the purpose of the Bill, which is to refer certain matters
           relating to the Murray-Darling Basin and other water
           management matters to the Commonwealth Parliament so as to
           enable the Commonwealth Parliament to make laws about those
           matters. The proposed Act will be enacted for the purposes of
           section 51 (xxxvii) of the Commonwealth Constitution, which
           enables State Parliaments to refer matters to the Commonwealth
           Parliament. The Bill operates by reference to the text of
           Schedule 1 to the proposed Commonwealth Water Amendment
           Bill 2008 so as to enable the enactment and future amendment of
           provisions set out in that Schedule that are to be included in the
           Commonwealth Water Act 2007.
           The Bill also amends the Murray-Darling Basin Act 1993 to
           provide for the carrying out of the new Murray-Darling Basin
           Agreement.
           The Bill also makes consequential and related amendments to the
           Murray-Darling Basin Act 1993 and Snowy Hydro
           Corporatisation Act 1997.




561295                               1       BILL LA INTRODUCTION 1/10/2008

 


 

Clause 2 provides that the proposed Act will commence on a day or days to be proclaimed, or on 1 July 2009 if it doesn't commence before then. PART 2--REFERENCE OF POWERS Clause 3 defines certain words and expressions used in the proposed Act. The text of the proposed Commonwealth legislation subject to the referral is defined by reference to the text tabled in the House of Assembly of South Australia in conjunction with the introduction of the referral legislation in that State (because South Australia was the first State to introduce its referral legislation). A copy of the text is also to be tabled for information in the Legislative Assembly of Victoria in conjunction with the introduction of this Bill. Clause 4 deals with the references to the Commonwealth Parliament. Clause 4 (1)(a) ("the initial reference") refers power to the Commonwealth to include in the Commonwealth Water Act 2007 provisions in the terms, or substantially in the terms, set out in Schedule 1 of the tabled text. The expression "substantially in the terms" of the tabled text will enable minor adjustments to be made to the tabled text. Clause 4 (1)(b) ("the amendment reference") refers the matter of the Commonwealth amending, in future, the provisions enacted in reliance on the initial reference. The referred subject-matters are limited to the following: · the powers, functions and duties of Commonwealth agencies that-- · relate to Basin water resources; and · are conferred by or under the Murray-Darling Basin Agreement; · the management of Basin water resources to meet critical human water needs; · 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); · the transformation of entitlements to water from a Basin water resource to enable trading in those water entitlements; 2

 


 

· 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); · 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. Clause 5 deals with the termination of the period of the references specified under clause 4 (namely, the period ending on a day fixed by the Governor by proclamation). The clause enables the period of both references to be terminated or only the period of the amendment reference. Clause 6 makes it clear that the separate termination of the period of the amendment reference does not affect laws already in place. Accordingly, the amendment reference continues to have effect to support those laws unless the period of the initial reference is also terminated. Clause 7 provides for the accuracy of a copy of the tabled text to be certified by the Clerk of the House of Assembly of South Australia. Such a certificate is evidence of the accuracy of the tabled text and that the text was in fact tabled as contemplated by the Bill. PART 3--AMENDMENT OF THE MURRAY-DARLING BASIN ACT 1993 This Part makes consequential amendments to the Murray-Darling Basin Act 1993 to reflect the governance arrangements under the new Murray Darling-Basin Agreement, in particular the replacement of the Murray Darling Basin Commission with the Murray Darling Basin Authority. It also repeals provisions that are spent or otherwise no longer needed. Clause 8 makes a consequential amendment to the purpose clause to reflect that there is a new Murray-Darling Basin Agreement. Clause 9 removes definitions that are no longer needed and inserts new definitions, including "Authority", Basin Officials Committee" and "Former Agreement" that are required as a result of the new governance arrangements. 3

 


 

Clause 10 Substitutes Part 2 to provide for the appointment of the State member of the Basin Officials Committee established under the Murray-Darling Basin Agreement and sets out the terms and conditions of office of that member. Clause 11 repeals sections 12 to 15 to reflect that the Murray Darling Basin Authority will replace the Commission and will have sufficient powers under the Commonwealth Water Act 2007 to cover these matters. Clause 12 repeals section 23 as it is no longer needed. Clause 13 repeals section 24 because it relates to the Murray-Darling Commission and is not relevant to the Murray Darling Basin Authority, which replaces the Commission. Clause 14 repeals section 26(a) because it relates to the Murray-Darling Commission and is not relevant to the Murray Darling Basin Authority, which replaces the Commission. Clause 15 repeals section 27 because it relates to the Murray-Darling Commission and is not relevant to the Murray Darling Basin Authority, which replaces the Commission. Clause 16 Section 28 is substituted to reflect that the Murray Darling Basin Authority will replace the Commission. Clause 17 is the consequential repeal of section 29 to reflect that there will be no new parties to the Agreement. Clause 18 repeals section 31, which is no longer needed. Clause 19 repeals section 33, which is now spent Clause 20 repeals Schedules 1 and 2 to reflect that the agreements included in those schedules have been replaced. PART 4--CONSEQUENTIAL AMENDMENT OF OTHER ACTS This Part makes consequential amendments to the Water Act 1989 to refer to the new Murray Darling Basin Agreement and to the Snowy Hydro Corporatisation Act 1997 to reflect that the Murray Darling Basin Commission has been replaced with the Murray Darling Basin Authority. Clause 21 makes a consequential amendment to the Water Act 1989 to refer to the new Murray Darling Basin Agreement. 4

 


 

Clause 22 makes a consequential amendment to the Water Act 1989 to refer to the new Murray Darling Basin Agreement. Clause 23 makes a consequential amendment to the Water Act 1989 to refer to the new Murray Darling Basin Agreement. Clause 24 makes a consequential amendment to the Snowy Hydro Corporatisation Act 1997 to reflect that the Murray Darling Basin Commission has been replaced with the Murray Darling Basin Authority. Clause 25 repeals the Murray-Darling Basin Amendment Act 2007 to reflect the fact that there is a new Murray-Darling Basin Agreement. PART 5--REPEAL OF CERTAIN PARTS Clause 26 provides for the repeal of Parts 3, 4 and 5 of the Act on the first anniversary of its commencement. 5

 


 

 


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