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Basin Plan 2012

adopted under subparagraph 44(3)(b)(i) of the

Water Act 2007

Compilation No. 3

Compilation date:   14 November 2017

Includes amendments up to:            F2017L01462

Registered:        22 December 2017

About this compilation

This compilation

This is a compilation of the Basin Plan 2012 that shows the text of the law as amended and in force on 14 November 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Acknowledgement of the Traditional Owners of the Murray-Darling Basin

The Murray-Darling Basin Authority acknowledges and pays its respect to the Traditional Owners and their Nations of the Murray-Darling Basin. The contributions of earlier generations, including the Elders, who have fought for their rights in natural resource management are also valued and respected.

The Authority recognises and acknowledges that the Traditional Owners and their Nations in the Murray-Darling Basin have a deep cultural, social, environmental, spiritual and economic connection to their lands and waters. The Authority understands the need for recognition of Traditional Owner knowledge and cultural values in natural resource management associated with the Basin. Further research is required to assist in understanding and providing for cultural flows. The Authority supports the belief of the Northern Murray-Darling Basin Aboriginal Nations and the Murray Lower Darling Rivers Indigenous Nations that cultural flows will provide beneficial outcomes for Traditional Owners.

The approach of Traditional Owners to caring for the natural landscape, including water, can be expressed in the words of Ngarrindjeri elder Tom Trevorrow: “our traditional management plan was don’t be greedy, don’t take any more than you need and respect everything around you. That’s the management plan—it’s such a simple management plan, but so hard for people to carry out.”[1]

[1]               Tom Trevorrow (2010) Murrundi Ruwe Pangari Ringbalin “River Country Spirit                 Ceremony: Aboriginal Perspectives on River Country”.

This traditional philosophy is widely held by Traditional Owners and respected and supported by the Murray-Darling Basin Authority.

Contents

Contents  

Chapter 1—Introduction

Part 1—Preliminary

1.01        Name of instrument

1.02        Making and effect of Basin Plan

1.03        Application of Basin Plan

1.04        Commencement

Part 2—Structure of the Basin Plan

1.05        Simplified outline

Part 3—Interpretation

1.06        Where terms are defined

1.07        Definitions

1.08        Basin Plan not to be inconsistent with Snowy Water Licence

1.09        Construction of provisions imposing obligations on States

1.10        Reasonable excuse for not producing or providing information etc

1.11         Avoidance of double counting of forms of take

Part 4—Agreements with regard to jurisdictional implementation obligations

1.12         Agreements with regard to jurisdictional implementation obligations

Chapter 2—Basin water resources and the context for their use

2.01        Description located in Schedule 1

Chapter 3—Water resource plan areas and water accounting periods

Part 1—Preliminary

3.01        Simplified outline

3.02        Time at which area becomes water resource plan area

3.03        Datasets for identification of water resource plan areas

3.04        Flexibility relating to boundaries of water resource plans

Part 2—Water resource plan areas

3.05        Water resource plan areas—surface water

3.06        Water resource plan areas—groundwater

3.07        Water resource plan areas—surface water and groundwater

Part 3—Water accounting periods

3.08        Water accounting period for each water resource plan area

Chapter 4—Identification and management of risks to Basin water resources

Part 1—Preliminary

4.01        Simplified outline

Part 2—Risks and strategies to address risks

4.02        Risks to condition, or continued availability, of Basin water resources, and consequential risks

4.03        Strategies to manage, or address, identified risks

4.04        Authority may publish guidelines

Chapter 5—Management objectives and outcomes to be achieved by Basin Plan

5.01        Simplified outline

5.02        Objectives and outcome for Basin Plan as a whole

5.03        Objectives and outcome in relation to environmental outcomes

5.04        Objective and outcome in relation to water quality and salinity

5.05        Objective and outcomes in relation to long-term average sustainable diversion limits

5.06        Objective and outcome for operation of the SDL adjustment mechanism

5.07        Objectives and outcome in relation to trading in the water market

Chapter 6—Water that can be taken

Part 1—Preliminary

6.01        Simplified outline

Part 2—Long-term average sustainable diversion limits

Division 1—Identification of SDL resource units

6.02        Identification of surface water SDL resource units

6.03        Identification of groundwater SDL resource units

Division 2—Long-term average sustainable diversion limits

6.04        Long-term average sustainable diversion limits

6.05        SDL resource unit shared reduction amount

6.06        Reviews of the Basin Plan

Part 3—Temporary diversion provision

6.07        Temporary diversion provision

Part 4—Method for determining compliance with long-term annual diversion limit

Division 1—Register of take

6.08        Register of take

Division 2—Method for determining compliance—surface water

6.09        Method for determining compliance with long-term annual diversion limit—surface water

6.10        Step 1—Calculation of annual permitted take and annual actual take

6.11         Step 2—Record difference between annual actual take and annual permitted take

6.12         Step 3—Determine whether there is non-compliance

Division 3—Method for determining compliance—groundwater

6.12A       Method for determining compliance with long-term annual diversion limit—groundwater

6.12B       Step 1—Calculation of annual permitted take and annual actual take

6.12C       Step 2—Determine whether there is non-compliance

Part 5—Allocation of risks in relation to reductions in water availability

6.13         Risks arising from reduction in diversion limits

6.14         Risks arising from other changes to the Basin Plan

Chapter 7—Adjustment of SDLs

Part 1—Preliminary

7.01        Simplified outline

7.02        Interpretation

7.03        Meaning of supply measure

7.04        Meaning of efficiency measure

7.05        Consultation with Basin Officials Committee

7.06        Public consultation

7.07        Combined proposals

7.08        Constraints management strategy

Part 2—Adjustment of surface water SDLs for notified measures

Division 1—Objective

7.09        Objective

Division 2—When Authority must propose appropriate adjustments

7.10        Initial adjustments to be proposed in 2017

7.11        Reconciliation adjustments to be proposed in 2024

Division 3—Notification and recording of relevant matters

7.12        Notification of measures relevant to adjustment of SDLs

7.13        Register of measures

Division 4—Determining amounts of adjustments

7.14        Preliminary

7.14A       Shared reduction amounts to be applied in determining adjustments

7.15        Contribution to adjustments from supply measures

7.16        Contribution to adjustments from efficiency measures

7.17        Ensuring that criteria for amounts of adjustments are satisfied

7.18        Apportionment of supply contribution to affected units

7.19        Overall limitation on size of adjustment amounts

7.20        Final determination of amounts in 2017

7.21        Final determination of amounts in 2024

Part 4—Adjustments relating to groundwater

7.24        Objective

7.25        Adjustments relating to groundwater

7.26        Overall limitation on size of groundwater adjustment amounts

Part 5—Independent audit of calculations

7.27        Independent audit of Authority’s calculations

Chapter 8—Environmental watering plan

Part 1—Preliminary

8.01        Simplified outline

8.02        Purpose of Chapter

8.03        Effect of environmental watering plan on Commonwealth Environmental Water Holder

Part 2—Overall environmental objectives for water-dependent ecosystems

8.04        Overall environmental objectives

8.05        Protection and restoration of water-dependent ecosystems

8.06        Protection and restoration of ecosystem functions of water-dependent ecosystems

8.07        Ensuring water-dependent ecosystems are resilient to climate change and other risks and threats

Part 3—Targets by which to measure progress towards objectives

8.08        Targets by which to measure progress towards achieving objectives

8.09        Assessment of progress towards objectives in Part 2

Part 4—Environmental management framework

Division 1—Preliminary

8.10        Outline of this Part

8.11         Objectives of environmental management framework

8.12         Interpretation

Division 2—Basin-wide environmental watering strategy

8.13         Obligation to prepare Basin-wide environmental watering strategy

8.14         Content of the Basin-wide environmental watering strategy

8.15         Preparation of Basin-wide environmental watering strategy

8.16         Publication of Basin-wide environmental watering strategy

8.17        Review and update of Basin-wide environmental watering strategy

Division 3—Long-term watering plans

8.18         Obligation to prepare long-term watering plans

8.19         Content of long-term watering plans

8.20        Preparation of long-term watering plans

8.21         Provision and publication of long-term watering plans

8.22         Review and update of long-term watering plans

Division 4—Annual environmental watering priorities

8.23         Obligation to identify annual environmental watering priorities

8.24         Content of annual environmental watering priorities

8.25         Preparation of annual environmental watering priorities

8.26         Provision of annual environmental watering priorities

Division 5—Basin annual environmental watering priorities

8.27        Obligation to prepare Basin annual environmental watering priorities

8.28         Content of Basin annual environmental watering priorities

8.29         Preparation of Basin annual environmental watering priorities

8.30        Publication of Basin annual environmental watering priorities

8.31         Review and update of Basin annual environmental watering priorities

Division 6—Principles to be applied in environmental watering

Subdivision A—Principles to be applied in environmental watering

8.32         Outline of Subdivision

8.33         Principle 1—Basin annual environmental watering priorities

8.34         Principle 2—Consistency with the objectives in Part 2

8.35         Principle 3—Maximising environmental benefits

8.36         Principle 4—Risks

8.37        Principle 5—Cost of environmental watering

8.38         Principle 6—Apply the precautionary principle

8.39         Principle 7—Working effectively with local communities

8.40        Principle 8—Adaptive management

8.41         Principle 9—Relevant international agreements

8.42         Principle 10—Other management and operational practices

8.43         Principle 11—Management of water for consumptive use

Subdivision B—Reporting in relation to Basin annual environmental watering priorities

8.44         Reporting required where Basin annual environmental watering priorities not followed

Division 7—Planning for recovery of additional environmental water

8.45         Outline of Division

8.46         Planning for the recovery of additional environmental water

8.47        Reporting required where Authority’s recommendations not followed

Part 5—Methods for identifying environmental assets and ecosystem functions and their environmental watering requirements

8.48         Environmental assets and ecosystem functions database

8.49         Method for identifying environmental assets and their environmental watering requirements

8.50        Method for identifying ecosystem functions that require environmental watering and their environmental watering requirements

8.51         Determination of the environmental watering requirements of environmental assets and ecosystem functions

Part 6—Principles and method to determine priorities for applying environmental water

Division 1—Principles to be applied to determine priorities

8.52         Outline of Division

8.53         Principle 1—Consistency with principles of ecologically sustainable development and international agreements

8.54         Principle 2—Consistency with objectives

8.55         Principle 3—Flexibility and responsiveness

8.56         Principle 4—Condition of environmental assets and ecosystem functions

8.57        Principle 5—Likely effectiveness and related matters

8.58         Principle 6—Risks and related matters

8.59         Principle 7—Robust and transparent decisions

Division 2—Method to be used to determine priorities

8.60        How to determine priorities for applying environmental water

8.61         Determining the resource availability scenario

8.62         Seasonal, operational and management considerations

Chapter 9—Water quality and salinity management plan

Part 1—Preliminary

9.01        Simplified outline

Part 2—Key causes of water quality degradation in Murray-Darling Basin

9.02        Types of water quality degradation and their key causes

Part 3—Water quality objectives for Basin water resources

9.03        Outline of this Part

9.04        Objectives for water-dependent ecosystems

9.05        Objectives for raw water for treatment for human consumption

9.06        Objective for irrigation water

9.07        Objective for recreational water quality

9.08        Objective to maintain good levels of water quality

9.09        Salt export objective

Part 4—Water quality targets

Division 1—Preliminary

9.10        Outline of this Part and purpose of targets

9.11         Failing to achieve a target

9.12         Most stringent target applies

9.13         Guidelines

Division 2—Targets for managing water flows

9.14         Targets for managing water flows

Division 3—Water quality targets for water resource plans

9.15         Purpose of Division

9.16         Water quality targets for fresh water-dependent ecosystems

9.17        Water quality targets for irrigation water

9.18         Water quality targets for recreational water

Division 4—Salinity targets for the purposes of long‑term salinity planning and management

9.19         Salinity targets

Chapter 10—Water resource plan requirements

Part 1—Preliminary

10.01       Simplified outline

Part 2—Identification of water resource plan area and other matters

10.02       Identification of water resource plan area and water resources

10.03       Identification of SDL resource units and water resources

10.04       Form of water resource plan

10.05       Regard to other water resources

10.06       Matters relating to requirements of Chapter

10.07       Consultation to be demonstrated

Part 3—Incorporation and application of long-term annual diversion limit

Division 1—Water access rights

10.08       Water access rights must be identified

10.09       Identification of planned environmental water and register of held environmental water

Division 2—Take for consumptive use

10.10       Annual determinations of water permitted to be taken

10.11       Rules for take, including water allocation rules

10.12       Matters relating to accounting for water

10.13       Limits on certain forms of take

10.14       Effects, and potential effects, on water resources of the water resource plan area

Division 3—Actual take

10.15       Determination of actual take must be specified

Part 4—The sustainable use and management of water resources

Division 1—Sustainable use and management

10.16       Sustainable use and management of water resources

Division 2—Surface water

10.17       Priority environmental assets and priority ecosystem functions

Division 3—Groundwater

10.18       Priority environmental assets dependent on groundwater

10.19       Groundwater and surface water connections

10.20       Productive base of groundwater

10.21       Additional requirements for Western Porous Rock, Gunnedah-Oxley Basin MDB, Sydney Basin MDB and Goulburn-Murray: Sedimentary Plain SDL resource units

Division 4—How requirements have been met

10.22       Description of how requirements have been met

Part 5—Interception activities

10.23       Listing types of interception activity

10.24       Monitoring impact of interception activities

10.25       Actions to be taken

Part 6—Planning for environmental watering

10.26       Planning for environmental watering

10.27       Enabling environmental watering between connected water resources

10.28       No net reduction in the protection of planned environmental water

Part 7—Water quality objectives

Division 1—Requirement for water quality management plan

10.29       Water resource plan to include WQM Plan

Division 2—Surface water

10.30       WQM Plan to identify key causes of water quality degradation

10.31       Measures addressing risks arising from water quality degradation

10.32       WQM Plan to identify water quality target values

10.33       WQM Plan to identify measures

10.34       WQM Plan to identify locations of targets for irrigation water

10.35       Impact of WQM Plan on another Basin State

Division 3—Groundwater

10.35A     WQM Plan to identify key causes of water quality degradation

10.35B      WQM Plan to identify water quality target values

10.35C      Consideration to be given to rules or measures

10.35D     Additional requirement for Western Porous Rock, Gunnedah-Oxley Basin MDB, Sydney Basin MDB and Goulburn-Murray: Sedimentary Plain SDL resource units

Part 8—Trade of water access rights

10.36       Application of Part

10.37       Circumstances in which conditions in section 12.24 are met

10.38       Circumstances in which conditions in section 12.25 are met

10.39       Circumstances in which conditions in section 12.26 are met

Part 9—Approaches to addressing risks to water resources

10.40       Definitions

10.41       Risk identification and assessment methodology

10.42       Description of risks

10.43       Strategies for addressing risks

Part 10—Measuring and monitoring

10.44       Information relating to measuring take—water access rights

10.45       Supporting measuring

10.46       Monitoring water resources

Part 11—Reviews of water resource plans

10.47       Review of water resource plans

10.47A     Additional requirements for Western Porous Rock, Gunnedah-Oxley Basin MDB, Sydney Basin MDB and Goulburn-Murray: Sedimentary Plain SDL resource units

10.48       Amendment of water resource plan

Part 12—Information used to prepare water resource plan

10.49       Best available information

10.50       Methods used to develop water resource plan

Part 13—Extreme events

10.51       Measures in response to extreme events

Part 14—Indigenous values and uses

10.52       Objectives and outcomes based on Indigenous values and uses

10.53       Consultation and preparation of water resource plan

10.54       Cultural flows

10.55       Retention of current protection

Chapter 11—Critical human water needs

Part 1—Preliminary

11.01       Simplified outline

11.02       Definitions

Part 2—Water required to meet critical human water needs

11.03       Amount of water required to meet critical human water needs (Act paragraph 86B(1)(a))

11.04       Conveyance water required to deliver water for critical human water needs (Act paragraph 86B(1)(b))

11.05       Water quality and salinity trigger points (Act paragraph 86B(1)(c))

Part 3—Monitoring, assessment and risk management

11.06       Process for assessing inflow prediction (Act paragraph 86C(1)(b))

11.07       Process for managing risks to critical human water needs associated with inflow prediction (Act paragraph 86C(1)(b))

11.08       Risk management approach for inter-annual planning (Act paragraph 86C(1)(c))

Part 4—Tier 2 water sharing arrangements

Division 1—When Tier 2 water sharing arrangements apply

11.09       Commencement of Tier 2 water sharing arrangements (Act paragraph 86D(1)(a))

11.10       Cessation of Tier 2 water sharing arrangements (Act paragraph 86D(1)(b))

Division 2—Tier 2 reserves policy

11.11       Reserves policy (Act paragraph 86D(1)(c))

11.12       Meeting the annual shortfall in conveyance water

11.13       Application of the conveyance reserve provisions of the Agreement

11.14       Arrangements for carrying water over in storage

Part 5—Tier 3 water sharing arrangements

11.15       Commencement of Tier 3 water sharing arrangements (Act paragraph 86E(1)(a))

11.16       Cessation of Tier 3 water sharing arrangements (Act paragraph 86E(1)(b))

Chapter 12—Water trading rules

Part 1—Preliminary

12.01       Simplified outline

12.02       Application of Chapter to certain water access rights

12.03       Water delivery rights to which this Chapter applies

12.04       Reference to a trade to, from or between places

12.05       Recovery of loss or damage

Part 2—Restrictions on trade of tradeable water rights

Division 1—Trade of tradeable water rights

Subdivision A—All water resources—right to trade free of certain restrictions

12.06       Separate rights

12.07       Class of persons

12.08       Purpose for which water is used

12.09       Take and use of water after a trade

12.10       Use outside Murray-Darling Basin

12.11       Trade of water allocation which has been carried over

12.12       Access to carryover for traded water access rights

12.13       Overallocation

12.14       Level of use of water access right

12.15       Trade must not be made conditional on water delivery right

Subdivision B—Additional rules relating to surface water

12.16       Free trade of surface water

12.18       Restrictions allowable for physical or environmental reasons

12.19       Basin States to notify the Authority of restrictions

12.20       Basin State may request Authority to make declaration

12.21       Exchange rates not to be used in a regulated system

12.22       Authority may permit exchange rates in limited circumstances

12.23       Restrictions on delivery of water under a tagged water access entitlement established on or after 22 October 2010

Subdivision C—Additional rules relating to groundwater

12.24       Trade within a groundwater SDL resource unit

12.25       Trade between groundwater SDL resource units

12.26       Trade between groundwater and surface water

Subdivision D—Miscellaneous

12.27       Restrictions allowable for breaches of State water management law

Division 2—Trade of water delivery rights

12.28       No unreasonable restriction of trade of water delivery rights

12.29       When restriction of trade is reasonable

12.30       Irrigation infrastructure operator must give reasons for restricting trade of water delivery right

Part 3—Information about water delivery rights and irrigation rights

Division 1—General

12.31       Object of this Part

Division 2—Water delivery rights to be specified by irrigation infrastructure operators

12.32       Obligation on irrigation infrastructure operator to specify water delivery rights and give notice

12.33       Obligation on irrigation infrastructure operator to give notice if water delivery right is changed

Division 3—Irrigation rights to be specified by irrigation infrastructure operators

12.34       Obligation on irrigation infrastructure operator to specify irrigation rights and give notice

12.35       Obligation on irrigation infrastructure operator to give notice if irrigation right is changed

Part 4—Approval processes for trade of water access rights

Division 1—General

12.36       Object of this Part

Division 2—Approval authority’s other activities

12.37       Approval authority must disclose interest before trade occurs

12.38       Approval authority must disclose if it has been a party to a trade

12.39       Approval authority to give reasons for restricting trade

Part 5—Information and reporting requirements

Division 1—General

12.40       Object of this Part

12.41       Authority to publish information it is given under this Part

Division 2—Information about water access rights

12.42       Water access rights to which this Division applies

12.43       Information about water access rights to be made available

12.44       Types of information about water access rights

Division 3—Trading rules to be made available

12.45       Interpretation

12.46       Basin State must make trading rules available

12.47       Irrigation infrastructure operator must make trading rules available

Division 4—Trading prices to be made available

12.48       Price of trade to be reported

Division 5—Information to be made available

12.49       Interpretation

12.50       Water announcements must be made generally available

12.51       Person not to trade if aware of water announcement before it is made generally available

12.52       Chinese wall arrangements for agencies

Chapter 13—Program for monitoring and evaluating the effectiveness of the Basin Plan

Part 1—Preliminary

13.01       Simplified outline

13.02       Personal information not required

Part 2—Principles to be applied

13.03       Principles of responsibility for monitoring and evaluating the effectiveness of the Basin Plan

13.04       Other principles to be applied in monitoring and evaluating the effectiveness of the Basin Plan

Part 3—Evaluations, reviews, audits and assessments

Division 1—Evaluation of Basin Plan

13.05       Purpose of evaluation

13.06       Key evaluation questions

Division 2—Reviews of water quality targets and environmental watering plan

13.07       Purpose of reviews

13.08       Reviews of the water quality and salinity management plan targets

13.09       Reviews of the environmental watering plan

Division 3—Audits

13.10       Audits

Division 4—Assessments of Basin condition

13.11       Periodic assessments of Basin condition

Division 5—Evaluations, reviews and audits to inform changes to, and implementation of, Basin Plan

13.12       Evaluations, reviews and audits to inform changes to, and implementation of, Basin Plan

Part 4—Reporting requirements

13.13       Definitions

13.14       Reporting requirements for Basin States, the Department etc

13.15       Agreements in relation to reporting requirements

13.16       Guidelines for reporting requirements

Part 5—Publication of information

13.17       Publication of monitoring information

13.18       Publication of evaluation findings and recommendations

13.19       Publication of findings and recommendations arising from reviews

13.20       Publication of audit reports

13.21       Publication of findings of assessments

13.22       Publication of reports produced under Part 4

Part 6—Improving monitoring, evaluation and reporting capabilities

13.23       Improving monitoring, evaluation and reporting capabilities

Schedule 1—Basin water resources and the context for their use

Schedule 2—Matters relating to surface water SDL resource units

Schedule 3—BDLs for surface water SDL resource units

Schedule 4—Matters relating to groundwater SDL resource units

Schedule 5—Enhanced environmental outcomes referred to in paragraph 7.09(e)

Schedule 6—Default method for calculation of supply contribution

Part 1—Description

S6.01       Simplified outline

Part 2—Method

S6.02       Benchmark model

S6.03       Indicator sites and regions that are to be used

S6.04       Things that are to be measured or assessed

S6.05       Ecological elements of the scoring method

S6.06       How the method is to be applied

S6.07       Limits of changes in score or outcomes

Schedule 7—Targets to measure progress towards objectives

Schedule 8—Criteria for identifying an environmental asset

Schedule 9—Criteria for identifying an ecosystem function

Schedule 10—Key causes of water quality degradation

Schedule 11—Target values for target application zones

Schedule 12—Matters for evaluation and reporting requirements

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Chapter 1—Introduction

Part 1—Preliminary

1.01       Name of instrument

This instrument is the Basin Plan 2012.

1.02       Making and effect of Basin Plan

(1)     The Basin Plan is made under Part 2 of the Act.

(2)     The Basin Plan has the effect provided for in sections 34, 35, 36, 37, 86G and 86H of the Act.

1.03       Application of Basin Plan

The Basin Plan applies to Basin water resources.

Note:         See section 4 of the Act for the meaning of Basin water resources.

1.04       Commencement

(1)     The Basin Plan, apart from Chapter 12, commences on the day after it is registered.

(2)     Chapter 12 commences on 1 July 2014.

Part 2—Structure of the Basin Plan

1.05       Simplified outline

(1)     The following table provides a summary of the Basin Plan:

SUMMARY OF THE BASIN PLAN
Title Subject matter
Chapter 1 Introduction The structure of the Basin Plan, definitions of terms used in the Plan as well as agreements with regard to jurisdictional implementation obligations.
Chapter 2 Basin water resources and the context for their use The description of Basin water resources and the context in which those resources are used (item 1 of the table in subsection 22(1) of the Act). The details are set out in Schedule 1.
Chapter 3 Water resource plan areas and water accounting periods The identification of the particular areas that are to be water resource plan areas and the periods that are to be the water accounting periods for each of those areas (item 2 of the table in subsection 22(1) of the Act).
Chapter 4 Identification and management of risks to Basin water resources The identification of the risks to the condition, or continued availability, of the Basin water resources and the strategies to be adopted to manage, or address, those risks (items 3 and 5 of the table in subsection 22(1) of the Act).
Chapter 5 Management objectives and outcomes to be achieved by the Basin Plan The management objectives and outcomes to be achieved by the Basin Plan (item 4 of the table to subsection 22(1) of the Act).
Chapter 6 Water that can be taken The long-term average sustainable diversion limits, the temporary diversion provisions, and the method for determining whether the long-term annual diversion limit has been complied with and the extent of any failure to comply with that limit (items 6, 7 and 8 of the table in subsection 22(1) of the Act). This Chapter also includes matters required by Division 4 of Part 2 of the Act which relate to the allocation of risks in relation to reductions in water availability, and provisions for the Authority to conduct research and investigations.
Chapter 7 Adjustment of SDLs The Authority may propose adjustments to the long-term average sustainable diversion limits under section 23A of the Act. These may be made by amendment to the Basin Plan under section 23B of the Act. The Chapter also provides for a constraints management strategy.
Chapter 8 Environmental watering plan The plan for the protection and restoration of the wetlands and other environmental assets of the Murray-Darling Basin; for the protection of biodiversity dependent on Basin water resources; and for achieving other environmental outcomes for the Murray-Darling Basin (item 9 of the table in subsection 22(1) of the Act).
Chapter 9 Water quality and salinity management plan Water quality and salinity objectives, water quality targets for planning of water flows, water quality targets that apply to the preparation of the water resource plans, and water quality targets for the purposes of long‑term salinity planning and management (item 10 of the table in subsection 22(1) of the Act). This Chapter also includes the key causes of water quality degradation in the Murray-Darling Basin.
Chapter 10 Water resource plan requirements The requirements that a water resource plan must comply with for it to be accredited or adopted under Division 2 of Part 2 of the Act (item 11 of the table in subsection 22(1) of the Act).
Chapter 11 Critical human water needs The arrangements for meeting critical human water needs (Part 2A of the Act).
Chapter 12 Water trading rules The rules for the trading of tradeable water rights in relation to Basin water resources (item 12 of the table in subsection 22(1) of the Act).
Chapter 13 Program for monitoring and evaluating the effectiveness of the Basin Plan The program that will be used to monitor and evaluate the effectiveness of the Basin Plan. Specific Commonwealth and Basin State reporting requirements are also included (item 13 of the table in subsection 22(1) of the Act).
Schedule 1 Basin water resources and the context for their use The description of Basin water resources and the context in which those resources are used.
Schedule 2 Matters relating to surface water SDL resource units Surface water SDL resource units and long-term average sustainable diversion limits for those units.
Schedule 3 BDLs for surface water SDL resource units The BDL for each surface water SDL resource unit.
Schedule 4 Matters relating to groundwater SDL resource units Groundwater SDL resource units; groundwater covered by those units; BDLs for those units; and long-term average sustainable diversion limits for those units.
Schedule 5 Enhanced environmental outcomes referred to in paragraph 7.09(e) Outcomes that will be pursued under the Commonwealth’s program to increase the volume of water resources available for environmental use by 450 GL per year.
Schedule 6 Default method for calculation of supply contribution Provisions for quantifying supply adjustments for Part 2 of Chapter 7.
Schedule 7 Targets to measure progress towards objectives Targets by which to measure progress towards achieving the environmental objectives specified in Part 2 of Chapter 8.
Schedule 8 Criteria for identifying an environmental asset Criteria for identifying an environmental asset.
Schedule 9 Criteria for identifying an ecosystem function Criteria for identifying an ecosystem function.
Schedule 10 Key causes of water quality degradation Key causes of water quality degradation.
Schedule 11 Target values for target application zones Water quality targets that apply for target application zones.
Schedule 12 Matters for evaluation and reporting requirements Matters relating to the objectives and outcomes against which the effectiveness of the Basin Plan will be evaluated and on which the Authority, the Basin States, the Department and the Commonwealth Environmental Water Holder are required to report.

(2)     Most Chapters are divided into Parts, Divisions and Subdivisions within the Chapter and these are made up of sections.

(3)     Each section is numbered with the number before the decimal point referring to the Chapter number (for example, section 5.04 is the fourth section in Chapter 5).

Part 3—Interpretation

1.06       Where terms are defined

Many terms used in the Basin Plan have special meanings. Some are defined in the Act, and have the same meaning in the Basin Plan unless it provides otherwise. See also the list of definitions in section 1.07.

Note: See section 13 of the Legislative Instruments Act 2003.

1.07       Definitions

(1)     In the Basin Plan:

Act means the Water Act 2007.

adaptive management is taken to include the following steps:

(a)     setting clear objectives;

(b)     linking knowledge (including local knowledge), management, evaluation and feedback over a period of time;

(c)     identifying and testing uncertainties;

(d)     using management as a tool to learn about the relevant system and change its management;

(e)     improving knowledge;

(f)      having regard to the social, economic and technical aspects of management.

advance means an advance determined by the Authority in accordance with clause 102C of the Agreement or clause 7 of Schedule H to the Agreement.

Note:         Some provisions of the Basin Plan refer explicitly to only one of these 2 kinds of advances.

ADWG means the Australian Drinking Water Guidelines published by the National Health and Medical Research Council and the Natural Resource Management Ministerial Council in 2011.

Agreement means the Murray‑Darling Basin Agreement, as amended from time to time in accordance with that agreement and as set out in Schedule 1 to the Act.

Note: This is the same as the definition in section 18A of the Act. Other terms used in the Act have the same meaning in the Basin Plan unless the Basin Plan otherwise provides: see section 1.06.

allocation announcement means an announcement specifying the volume of water allocated to water access entitlements.

Note:         An announcement could increase, decrease or leave unchanged the quantity of water allocated.

annual actual take:

(a)        for a surface water SDL resource unit, has the meaning given by section 6.10; and

(b)     for a groundwater SDL resource unit, has the meaning given by section 6.12B.

annual environmental watering priorities has the meaning given by section 8.23.

annual permitted take:

(a)     for a surface water SDL resource unit, has the meaning given by section 6.10; and

(b)     for a groundwater SDL resource unit, has the meaning given by section 6.12B.

ANZECC Guidelines means the Australian and New Zealand Guidelines for Fresh and Marine Water Quality published by the Australian and New Zealand Environment and Conservation Council and the Agriculture and Resource Management Council of Australia and New Zealand in 2000.

approval authority, in relation to the proposed trade of a water access right, means a person whose approval is required under State water management law for the trade to proceed.

asset class means a class of environmental asset.

Example:               Floodplain, riparian forest or billabong.

basic right means any of the following:

(a)     a right under State water management law to take water for domestic or stock purposes;

(b)     a harvestable right under the Water Management Act 2000 of New South Wales;

(c)     a native title right.

Basin annual environmental watering priorities has the meaning given by section 8.27.

Basin-wide environmental watering strategy has the meaning given by section 8.13.

BDL (baseline diversion limit) means the baseline limit of take from an SDL resource unit. This baseline limit is:

(a)     for a surface water SDL resource unit—the quantity of water calculated in accordance with column 2 of the table in Schedule 3 for that SDL resource unit; and

(b)     for a groundwater SDL resource unit—the quantity of water specified in column 3 of the table in Schedule 4 for that SDL resource unit.

carryover announcement means an announcement made by a Basin State as to when water allocations covered by a carryover arrangement may be taken.

carryover arrangement means an arrangement which allows a water access right holder to retain water allocations not taken in a water accounting period for possible take in the next water accounting period.

commercial plantation means an area of land on which perennial woody plants are planted primarily for commercial purposes (other than the production of food).

Note:         Some examples of commercial purposes are the production of timber, woodchip, oil or biofuel, or the commercial exploitation of the carbon sequestration capacity of the plants.

conveyance reserve has the meaning given by clause 2 of the Agreement.

data includes metadata.

deep drainage means the volume of water that moves below the root zone, whether or not the water enters the saturated zone and becomes recharge to the groundwater system.

Department means the Commonwealth Department of Sustainability, Environment, Water, Population and Communities.

de-watering means controlling or lowering the level of groundwater within an aquifer.

EC means electrical conductivity, expressed in microsiemens per centimetre (µS/cm).

ecological objective means an objective for the protection, and if necessary restoration, of a priority environmental asset or priority ecosystem function.

ecological target means a target that must be met in order to achieve an ecological objective.

environmental assets and ecosystem functions database has the meaning given by section 8.48.

environmental water recovery recommendations has the meaning given by section 8.46.

environmental watering requirements means the environmental watering requirements of a priority environmental asset or priority ecosystem function, as the case may be, identified using the methods set out in Part 5 of Chapter 8.

floodplain harvesting means the taking of water from a floodplain, including after it leaves a watercourse during a flood.

form of take means any of the following forms of take:

(a)     take from a watercourse;

(b)     take from a regulated river;

(c)     take by floodplain harvesting;

(d)     take by runoff dams;

(e)     net take by commercial plantations;

(f)      take from groundwater;

(g)     take under basic rights.

generally available: information is generally available if it has been published in a manner that will, or will be likely to, bring it to the attention of interested members of the public.

groundwater means:

(a)     water occurring naturally below ground level (whether in an aquifer or otherwise); or

(b)     water occurring at a place below ground that has been pumped, diverted or released to that place for the purpose of being stored there;

but does not include water held in underground tanks, pipes or other works.

groundwater resource means a Basin water resource consisting of:

(a)     groundwater; or

(b)     an aquifer (whether or not it has water in it).

groundwater SDL resource unit has the meaning given by section 6.03.

Guidelines for Managing Risks in Recreational Water means the Guidelines for Managing Risks in Recreational Water published by the National Health and Medical Research Council in 2008.

historical climate conditions means the climatic conditions for the period July 1895 to June 2009 represented by the best available records of hydrological and meteorological information for that period.

hydraulic connectivity means the ease with which, or the rate at which, groundwater moves:

(a)     within an aquifer; or

(b)     between aquifers; or

(c)     between aquifers and the adjacent or overlying surface water system.

hydrologic connections and water supply considerations has the meaning given by section 12.18.

Indigenous uses has the meaning given by section 10.52.

Indigenous values has the meaning given by section 10.52.

listed threatened ecological community has the meaning given by section 528 of the Environment Protection and Biodiversity Conservation Act 1999.

listed threatened species has the meaning given by section 528 of the Environment Protection and Biodiversity Conservation Act 1999.

local reduction amount, for an SDL resource unit, means:

(a)     the quantity of water identified in column 2 of Schedule 2 as the local reduction amount for the unit; or

(b)     if no quantity is identified—zero.

location-related right has the meaning given by section 12.06.

long-term watering plan has the meaning given by section 8.18.

major storages has the meaning given by clause 2 of the Agreement.

MDBA Technical Report 2010/20 means the Murray-Darling Basin Authority Technical Report 2010/20 titled Water Resource Assessments for Without Development and Baseline Conditions Version 2 published by the Authority in November 2011.

MDBA Technical Report 2011/01 means the Murray-Darling Basin Authority Technical Report 2011/01 titled Comparison of Watercourse Diversion Estimates in the Proposed Basin Plan with other Published Estimates Version 2 published by the Authority in November 2011.

native title right has the meaning given by section 223 of the Native Title Act 1993.

natural monthly water temperature means the natural monthly water temperature that is estimated either through modelling or through the actual measurement of temperature at representative undisturbed locations.

net take, in the context of a commercial plantation, means the difference between the take by a commercial plantation and the take by the vegetation existing at the site of the plantation before the plantation commenced.

NTU means a nephelometric turbidity unit.

overturn means the remixing of a stratified water body.

physical constraint means a natural formation or a physical structure (for example, a pipe or channel) that limits the volume of water that can pass a given location.

priority ecosystem function has the meaning given by section 8.50.

priority environmental asset has the meaning given by section 8.49.

raw water means water in its natural state prior to any treatment.

recharge means the inflow of water, including precipitation, to a groundwater resource.

reconfiguration or decommissioning work has the meaning given by section 12.29.

recovery of environmental water means the acquisition of a water access right for the purpose of achieving an environmental outcome.

register of take means the register of take referred to in section 6.08.

regulated river means:

(a)     in New South Wales—a river that has been declared in accordance with the Water Management Act 2000 of New South Wales to be a regulated river before the commencement of the Basin Plan;

(b)     in Victoria—a river where the flow is regulated through the operation of large dams or large weirs.

regulated system means a surface water system in which water in a watercourse can be stored or flow levels can be controlled, through the use of structures such as large dams or large weirs.

related party, in relation to an approval authority, means:

(a)     an entity in which the approval authority has a controlling interest; or

(b)     a natural person who is acting on behalf of the approval authority in return for a commission or fee.

resource availability scenario has the meaning given by section 8.61.

restrict, in relation to trade, includes refuse, prevent, deter, delay or impose a condition or a barrier (including a volumetric limit) on, and restriction has a corresponding meaning.

runoff dam means a dam or reservoir that collects surface water flowing over land.

Note:         In New South Wales, a runoff dam may also collect water from a first- or second-order stream.

SDL means the long-term average sustainable diversion limit.

SDL resource unit means the water resources, or particular parts of the water resources, of a water resource plan area that is either a surface water SDL resource unit or groundwater SDL resource unit.

SDL resource unit shared reduction amount has the meaning given by section 6.05.

shortfall in conveyance water means the shortfall calculated in accordance with subsection 86D(2) of the Act.

soil degradation, for the purposes of the objective for irrigation water in section 9.06 and the targets for irrigation water in section 9.17, means reduced permeability and soil structure breakdown caused by the level of sodium in the irrigation water, assessed using the sodium adsorption ratio.

surface water resource means a Basin water resource consisting of:

(a)     surface water; or

(b)     a watercourse, lake or wetland (whether or not it has water in it).

surface water SDL resource unit has the meaning given by section 6.02.

tagged water access entitlement has the meaning given by section 12.23.

target application zone has the meaning given by section 9.16.

tier of water sharing arrangements means either Tier 1 water sharing arrangements, Tier 2 water sharing arrangements or Tier 3 water sharing arrangements, within the meaning of the Agreement.

transformation means the transformation of the whole, or a part, of an irrigation right into a water access entitlement in accordance with transformation arrangements.

transformation arrangements means arrangements of the kind referred to in paragraph 97(1)(a) of the Act.

unregulated system means a surface water system that is not a regulated system.

volumetric limit means a limit whose purpose or effect is to cap the total volume of water that may be traded into or out of an area.

water accounting period:

(a)     other than in Chapter 11—has the meaning given by section 3.08; and

(b)     in Chapter 11—has the meaning given by section 11.02.

water announcement has the meaning given by section 12.49.

Water for Rivers means the Joint Government Enterprise Limited, a public company limited by guarantee with the registered business name ‘Water for Rivers’.

water market intermediary means any of the following:

(a)     a person who trades tradeable water rights on behalf of another person in exchange for a commission or fee;

(b)     a person who investigates tradeable water right trading possibilities on behalf of a potential water market participant for a commission or fee;

(c)     a person who prepares documents necessary for the trade of a tradeable water right on behalf of a potential water market participant for a commission or fee;

(d)     a person who provides a trading platform or water exchange for tradeable water rights.

water quality includes salinity.

water quality characteristic:

(a)     other than in Chapter 11—means a characteristic of water quality for which Part 4 of Chapter 9 sets a target value; and

(b)     in Chapter 11—has the meaning given by section 11.02.

water register means a record of water access rights in a Basin State.

water resource assessment means an assessment (including one for the purpose of a determination under clause 102(c) of the Agreement) of the amount of water that will be available:

(a)     for distribution to New South Wales, Victoria and South Australia during a particular period; and 

(b)     for holding in reserve at the end of the period;

taking into account matters including:

(c)     the volume of water held in the major storages; and

(d)     estimated water use during the period; and

(e)     assumed or forecast inflows during the period.

water supply authority means an infrastructure operator that treats and supplies water for human consumption.

water use approval means an authority to use water on specified land or in a specified watercourse.

Wimmera-Mallee Pipeline Project means the joint water infrastructure project with the name ‘The Wimmera-Mallee Pipeline Project’ undertaken by Grampians Wimmera Mallee Water Corporation and funded by the Commonwealth and Victoria.

works approval means an authority to construct and use water supply works (including pumps, bores and dams).

worst case planning water resource assessment means a water resource assessment taking into account the minimum inflow sequence to the River Murray System.

WQM Plan means a water quality management plan for a water resource plan area made in accordance with Part 7 of Chapter 10.

(2)     In the Basin Plan, a reference to trade includes a reference to transfer.

(3)     To avoid doubt, trade includes:

(a)     a trade that does not involve the payment of consideration; and

(b)     a trade between places under which ownership of the right being traded does not change; and

(c)     the establishment of a leasing arrangement; and

(d)     the establishment of a tagged water access entitlement.

(4)     To avoid doubt:

(a)     a reference to the commencement of the Basin Plan is a reference to commencement under subsection 1.04(1); and

(b)     a reference to the commencement of Chapter 12 is a reference to commencement under subsection 1.04(2).

Note:   A number of provisions of the Basin Plan require decision-makers to ‘have regard to’ certain matters when performing functions and making decisions. The phrases ‘have regard to’ and similar phrases are intended to be interpreted consistent with case law, as it develops from time to time and as applied with appropriate regard to the circumstances. This note is intended to reflect the case law and not to limit its application or development. When a decision‑maker is required to ‘have regard to’ particular matters, it is expected that the decision‑maker will give those matters proper, genuine and realistic consideration, even if not ultimately bound to act in accordance with those matters. A requirement to ‘have regard to’ a particular matter or matters does not mean that the decision-maker cannot have regard to other relevant matters, for example, the benefits and costs of taking a particular action. See section 1.07 of the explanatory statement in relation to the Basin Plan for further information about the phrases ‘have regard to’, ‘having regard to’ and ‘regard must be had’.

1.08       Basin Plan not to be inconsistent with Snowy Water Licence

A provision of the Basin Plan has no effect to the extent to which the provision is inconsistent with the provisions of the licence issued under section 22 of the Snowy Hydro Corporatisation Act 1997 of New South Wales.

1.09       Construction of provisions imposing obligations on States

If:

(a)     the Basin Plan purports to impose an obligation on a Basin State to do a particular thing; and

(b)     the imposition of that obligation would contravene a constitutional doctrine restricting the obligations that the Commonwealth may impose on a State;

the Basin Plan is taken, instead of imposing the obligation, to confer a discretion on the Basin State to do the thing.

1.10       Reasonable excuse for not producing or providing information etc

If the Basin Plan requires a person or body to produce or provide information, a notice or a document, the person or body need not comply with the requirement if the person or body has a reasonable excuse for non-compliance.

1.11       Avoidance of double counting of forms of take

For the purposes of the Basin Plan, in ascribing a particular quantity of water that is taken to a form of take, the quantity of water must be ascribed to one, and only one, form of take.

Note:         It will often be possible to ascribe a quantity of water that is taken under basic rights either to take under basic rights, or to another form of take. In such a case, this section does not stipulate to which form of take the quantity of water should be ascribed. However, some other provisions of the Basin Plan do stipulate this. See for example Schedule 3.

Part 4—Agreements with regard to jurisdictional implementation obligations

1.12       Agreements with regard to jurisdictional implementation obligations

(1)     The Authority may enter into an agreement with a Basin State with respect to any implementation obligation the Basin Plan purports to impose onto that Basin State.

(2)     The Authority must consult the Commonwealth and other Basin States in relation to such an agreement.

(3)     The Authority and a Basin State must use their best endeavours to enter into any such agreement within 2 years after the commencement of the Basin Plan.

(4)     Any agreement must be developed having regard to:

(a)     any relevant agreement made, or in the process of being made, with another Basin State; and

(b)     any relevant circumstances of the Basin State; and

(c)     any relevant Commonwealth-State agreements, including funding agreements.

(5)     The Authority must publish an agreement under this section on its website.

Note:         Entry into an agreement, or a failure to enter into an agreement, does not affect the commencement or operation of the Basin Plan.

Chapter 2—Basin water resources and the context for their use

2.01       Description located in Schedule 1

The description of the Basin water resources and the context in which those resources are used (item 1 of the table in subsection 22(1) of the Act) is set out in Schedule 1.

Chapter 3—Water resource plan areas and water accounting periods

Part 1—Preliminary

3.01       Simplified outline

(1)     This section sets out a simplified outline of this Chapter.

(2)     Part 2 identifies the particular areas that are to be water resource plan areas (item 2 of the table in subsection 22(1) of the Act).

Note:         A map of the water resource plan areas can be obtained from the Authority’s website.

(3)     Part 3 identifies the periods that are to be the water accounting periods for each of those water resource plan areas (item 2 of the table in subsection 22(1) of the Act).

3.02       Time at which area becomes water resource plan area

An area identified in Part 2 as a water resource plan area becomes a water resource plan area on the commencement of the Basin Plan.

3.03       Datasets for identification of water resource plan areas

(1)     A reference in section 3.05 to an area of a particular name is a reference to the area within the polygon of that name specified in the dataset that:

(a)     is titled Murray-Darling Basin Water Resource Plan Areas—Surface Water; and

(b)     has a dataset scale of 1:250,000; and

(c)     is held by the Authority at the time of the amendment of this paragraph by the Basin Plan Amendment Instrument 2017 (No. 1).

(2)     A reference in section 3.06 to an area of a particular name is a reference to the area within the polygon of that name specified in the dataset that:

(a)     is titled Murray-Darling Basin Water Resource Plan Areas—Groundwater; and

(b)     has a dataset scale of 1:250,000; and

(c)     is held by the Authority at the time of the amendment of this paragraph by the Basin Plan Amendment Instrument 2017 (No. 1).

(3)     A reference in section 3.07 to an area of a particular name is a reference to the area within the polygon of that name specified in both the datasets mentioned in subsections (1) and (2).

(4)     The Authority must publish on its website a map that:

(a)     identifies each water resource plan area; and

(b)     is prepared using the relevant dataset mentioned in this section.

3.04       Flexibility relating to boundaries of water resource plans

If a segment of the boundary of a water resource plan area, as specified in a dataset mentioned in section 3.03, is also the boundary of the Murray-Darling Basin, the water resource plan for the area may specify a different course for that segment within the Murray-Darling Basin, provided that the changed boundary:

(a) meets the requirements of item 2 of the table in subsection 22(1) of the Act; and

(b)     does not result in a material change in the water resources to which the water resource plan area applies.

Part 2—Water resource plan areas

3.05       Water resource plan areassurface water

Note:         See section 1.07 for the meaning of surface water resource.

Each of the following named areas is a water resource plan area that applies to the surface water resources indicated:

(a)     Australian Capital Territory (surface water)—all surface water resources in the area;

(b)     Barwon-Darling Watercourse—all surface water resources in the area;

(c)     New South Wales Border Rivers—all surface water resources in the area;

(d)     Northern Victoria—all surface water resources in the area;

(e)     Gwydir—all surface water resources in the area;

(f)      Intersecting Streams—all surface water resources in the area;

(g)     Lachlan—all surface water resources in the area;

(h)     Macquarie-Castlereagh—all surface water resources in the area;

(i)      Murrumbidgee—all surface water resources in the area;

(j)      New South Wales Murray and Lower Darling—all surface water resources in the area;

(k)     Namoi—all surface water resources in the area;

(l)      South Australian River Murray—all surface water resources in the area;

(m)    Victorian Murray—all surface water resources in the area;

(n)     Wimmera-Mallee (surface water)—all surface water resources in the area.

3.06       Water resource plan areas—groundwater

Note:         See section 1.07 for the meaning of groundwater resource.

Each of the following named areas is a water resource plan area that applies to the groundwater resources indicated:

(a)     Australian Capital Territory (groundwater)—all groundwater resources beneath the area;

(b)     NSW Border Rivers Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (f) and (i);

(c)     Darling Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d), (f) and (i);

(d)     NSW Murray -Darling Basin Porous Rock—all groundwater resources beneath the area, excluding those referred to in paragraphs (c), (f), (g), (i), (j), (k), (l) and (m);

(e)     Goulburn-Murray—all groundwater resources beneath the area;

(f)      NSW Great Artesian Basin Shallow—all groundwater resources beneath the area, excluding those referred to in paragraphs (b), (c), (d), (g), (i), (j) and (m);

(g)     Gwydir Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d), (f) and (i);

(h)     Lachlan Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraph (i);

(i)      NSW Murray- Darling Basin Fractured Rock—all groundwater resources beneath the area, excluding those referred to in paragraphs (b), (c), (d), (f), (g), (h), (j), (k), (l) and (m);

(j)      Macquarie-Castlereagh Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d), (f) and (i);

(k)     Murray Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d) and (i);

(l)      Murrumbidgee Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d) and (i);

(m)    Namoi Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d), (f) and (i);

(n)     Wimmera-Mallee (groundwater)—all groundwater resources beneath the area.

Note:         Schedule 4 lists the groundwater SDL resource units in each water resource plan area.

3.07       Water resource plan areas—surface water and groundwater

Each of the following named areas is a water resource plan area that applies to the surface water resources and groundwater resources indicated:

(a)     Warrego-Paroo-Nebine—the following:

(i)      all surface water resources in the area;

(ii)     all groundwater resources beneath the area that are above the Great Artesian Basin;

(b)     Condamine-Balonne—the following:

(i)      all surface water resources in the area;

(ii)     all groundwater resources beneath the area that are above the Great Artesian Basin;

(iii)    all groundwater resources in the Queensland Murray‑Darling Basin below the Great Artesian Basin;

(c)     Queensland Border Rivers-Moonie—the following:

(i)      all surface water resources in the area;

(ii)     all groundwater resources beneath the area that are above the Great Artesian Basin;

(e)     South Australian Murray Region—the following:

(i)      all surface water resources in the area, excluding those in the South Australian River Murray (paragraph 3.05(l));

(ii)     all groundwater resources beneath the area;

(f)      Eastern Mount Lofty Ranges—the following:

(i)      all surface water resources in the area;

(ii)     all groundwater resources beneath the area.

Note:         Schedule 4 lists the groundwater SDL resource units in each water resource plan area.

Part 3—Water accounting periods

3.08       Water accounting period for each water resource plan area

The water accounting period for each water resource plan area is a financial year.

Note:         In Chapter 11, water accounting period means a period of 12 months beginning on 1 June of any year (see section 11.02).

Chapter 4—Identification and management of risks to Basin water resources

Part 1—Preliminary

4.01       Simplified outline

(1)     This section sets out a simplified outline of this Chapter.

(2)     This Chapter identifies:

(a)     risks to the condition, or continued availability, of Basin water resources (item 3 of the table in subsection 22(1) of the Act); and

(b)     strategies to manage, or address, those risks (item 5 of the table in subsection 22(1) of the Act).

Part 2—Risks and strategies to address risks

4.02       Risks to condition, or continued availability, of Basin water resources, and consequential risks

(1) The risks to the condition, or continued availability, of Basin water resources, including the risks to the availability of Basin water resources that arise from the matters specified in item 3 of the table in subsection 22(1) of the Act are:

(a)     insufficient water available for the environment; and

(b)     water being of a quality unsuitable for use; and

(c)     poor health of water-dependent ecosystems.

(2)     The consequences of the materialisation of the risks identified in subsection (1) include:

(a)     that insufficient water is available, or water is not suitable for consumptive and other economic uses of Basin water resources; and

(b)     that insufficient water is available, or water is not suitable to maintain social, cultural, Indigenous and other public benefit values.

4.03       Strategies to manage, or address, identified risks

(1)     This section sets out the strategies to manage, or address, the risks identified in section 4.02.

Note:         Water resource plans must be prepared having regard to the strategies (see subsection 10.43(3)).

(2)     The Authority must have regard to the strategies when undertaking its functions.

(3)     The strategies are the following:

(a)     to implement the Basin Plan, including its following key elements:

(i)      the environmental watering plan;

(ii)     the water quality and salinity management plan;

(iii)    the water trading rules;

(iv)    water resource planning;

(b)     to develop water resource plans and amendments to the Basin Plan based on best available knowledge and in consultation with relevant stakeholders;

(c)     to promote a risk-based approach to water resource planning and management;

(d)     to manage flows to optimise outcomes across the range of water uses in the Murray-Darling Basin;

(e)     to ensure effective monitoring and evaluation of the implementation of the Basin Plan;

(f)      to promote and enforce compliance with the Basin Plan and water resource plans;

(g)     to improve knowledge of water requirements within the Murray-Darling Basin, including the following:

(i)      environmental watering requirements;

(ii)     requirements relating to the social, spiritual and cultural uses of Basin water resources by Indigenous people;

(iii)    the impact of climate change on water requirements;

(iv)    the water required to deliver social and economic benefits to Basin communities;

(h)     to improve knowledge of the impact on Basin water resources of the following:

(i)      interception activities and land use change;

(ii)     floodplain harvesting and peri-urban and industrial take;

(iii)    climate change;

(i)      to improve knowledge of:

(i)      groundwater and surface water resources, including through improved measurement; and

(ii)     the causes of water quality degradation and the effects of water quality on environmental assets and ecosystem functions.

4.04       Authority may publish guidelines

(1)     The Authority may publish guidelines setting out specific actions that may be taken in relation to the implementation of the strategies listed in subsection 4.03(3).

(2)     The guidelines may be reviewed and, if necessary, updated at any time.

(3)     The guidelines must be made having regard to AS/NZS ISO 31000:2009 Risk Management—Principles and Guidelines.

Note:         Water resource plans must be prepared having regard to any guidelines published in accordance with this section (see subsection 10.43(3)).

Chapter 5—Management objectives and outcomes to be achieved by Basin Plan

5.01       Simplified outline

(1)     This section sets out a simplified outline of this Chapter.

(2)     This Chapter sets out the management objectives and outcomes to be achieved by the Basin Plan (item 4 of the table in subsection 22(1) of the Act).

(3)     The management objectives and outcomes include objectives and outcomes:

(a)     for the Basin Plan as a whole; and

(b)     in relation to environmental outcomes; and

(c)     in relation to water quality and salinity; and

(d)     in relation to the long-term average sustainable diversion limits; and

(e)     in relation to trading in the water market.

Note:The temporary diversion provision for each SDL resource unit is zero—see section 6.07. Accordingly, there are no objectives or outcomes in relation to the temporary diversion provision.

5.02       Objectives and outcome for Basin Plan as a whole

(1)     The objectives for the Basin Plan as a whole are:

(a)     to give effect to relevant international agreements through the integrated management of Basin water resources; and

(b)     to establish a sustainable and long‑term adaptive management framework for the Basin water resources, that takes into account the broader management of natural resources in the Murray-Darling Basin; and

(c)     to optimise social, economic and environmental outcomes arising from the use of Basin water resources in the national interest; and

(d)     to improve water security for all uses of Basin water resources.

(2)     The outcome for the Basin Plan as a whole is a healthy and working Murray‑Darling Basin that includes:

(a)     communities with sufficient and reliable water supplies that are fit for a range of intended purposes, including domestic, recreational and cultural use; and

(b)     productive and resilient water-dependent industries, and communities with confidence in their long‑term future; and

(c)     healthy and resilient ecosystems with rivers and creeks regularly connected to their floodplains and, ultimately, the ocean.

5.03       Objectives and outcome in relation to environmental outcomes

(1)     The objectives in relation to environmental outcomes are, within the context of a working Murray-Darling Basin:

(a)     to protect and restore water-dependent ecosystems of the Murray-Darling Basin; and

(b)     to protect and restore the ecosystem functions of water‑dependent ecosystems; and

(c)     to ensure that water‑dependent ecosystems are resilient to climate change and other risks and threats; and

(d)     to ensure that environmental watering is co-ordinated between managers of planned environmental water, owners and managers of environmental assets, and holders of held environmental water.

Note 1:     The fact that water storages and property (including floodplains) are under the control of various persons currently restricts the capacity to actively manage all water-dependent ecosystems.

Note 2:     Particular objectives relating to each of the objectives in paragraphs (1)(a) to (c) are specified in Part 2 of Chapter 8.

(2)     The outcome in relation to subsection (1) is the restoration and protection of water-dependent ecosystems and ecosystem functions in the Murray-Darling Basin with strengthened resilience to a changing climate.

5.04       Objective and outcome in relation to water quality and salinity

(1)     The objective in relation to water quality and salinity is to maintain appropriate water quality, including salinity levels, for environmental, social, cultural and economic activity in the Murray-Darling Basin.

Note:         See also the water quality objectives for Basin water resources in Part 3 of Chapter 9.

(2)     The outcome in relation to water quality and salinity is that Basin water resources remain fit for purpose.

5.05       Objective and outcomes in relation to long-term average sustainable diversion limits

(1)     The objective in relation to long-term average sustainable diversion limits is to establish environmentally sustainable limits on the quantities of surface water and groundwater that can be taken for consumptive use from Basin water resources, having regard to social and economic impacts, and in doing so:

(a)     inform environmental water recovery measures, including water purchasing and infrastructure that improves water use efficiency; and

(b)     provide greater certainty for all water users, including in times of drought and low water availability; and

(c)     provide time for water access entitlement holders and communities to transition and adjust to long-term average sustainable diversion limits.

(2)     The outcomes in relation to the establishment of long‑term average sustainable diversion limits are:

(a)     the restoration and protection of water‑dependent ecosystems and ecosystem functions in the Murray‑Darling Basin; and

(b)     well-informed water recovery measures, including water purchasing and infrastructure, enable a transition to long-term average sustainable diversion limits; and

(c)     greater certainty of access to Basin water resources; and

(d)     water access entitlement holders and communities of the Murray-Darling Basin are better adapted to reduced quantities of available water.

5.06       Objective and outcome for operation of the SDL adjustment mechanism

(1)     The objective in relation to the operation of the SDL adjustment mechanism is to adjust SDLs in a way that increases environmental outcomes while maintaining or improving social and economic outcomes.

Note          Particular objectives relating to different kinds of measures are specified in Part 2 of Chapter 7.

(2)     The outcome in relation to the operation of the SDL adjustment mechanism is a healthy and working Murray‑Darling Basin that includes the outcomes specified in subsection 5.02(2).

5.07       Objectives and outcome in relation to trading in the water market

(1)     The objectives for trading in the water market are:

(a)     to facilitate the operation of efficient water markets and the opportunities for trading, within and between Basin States, where water resources are physically shared or hydrologic connections and water supply considerations will permit water trading; and

(b)     to minimise transaction cost on water trades, including through good information flows in the market and compatible entitlement, registry, regulatory and other arrangements across jurisdictions; and

(c)     to enable the appropriate mix of water products to develop based on water access entitlements which can be traded either in whole or in part, and either temporarily or permanently, or through lease arrangements or other trading options that may evolve over time; and

(d)     to recognise and protect the needs of the environment; and

(e)     to provide appropriate protection of third-party interests.

(2)     The outcome for trading in the water market is the creation of a more efficient and effective market that:

(a)     facilitates water reaching its most productive use; and

(b)     enhances the productivity and growth of water‑dependent industries; and

(c)     enables water‑dependent industries to:

(i)      better manage through extreme events under current climate variability; and

(ii)     strengthen their capacity to adapt to future climate change.

Chapter 6—Water that can be taken

Part 1—Preliminary

6.01       Simplified outline

(1)     This section sets out a simplified outline of this Chapter.

(2)     This Chapter deals with the matters set out in items 6, 7 and 8 of the table in subsection 22(1) and Division 4 of Part 2 of the Act. Those matters are:

(a)     the long-term average sustainable diversion limits (SDLs) (Part 2); and

(b)     the temporary diversion provision (Part 3); and

(c)     the method for determining compliance with the long-term annual diversion limit (Part 4); and

(d)     allocation of risks in relation to reductions in diversion limits (Part 5); and

(e)     risks arising from other changes to the Basin Plan (Part 5).

Note:         See Chapter 7 for adjustments to the long-term average sustainable diversion limits.

Part 2—Long-term average sustainable diversion limits

Division 1—Identification of SDL resource units

6.02       Identification of surface water SDL resource units

(1)     A surface water SDL resource unit referred to in column 1 of the table in Schedule 2 consists of all surface water resources within the area described by the polygon of the same name contained in the dataset that:

(a)     is titled Surface Water SDL Resource Units; and

(b)     has a dataset scale of 1:250,000; and

(c)     is held by the Authority at the time of the amendment of this paragraph by the Basin Plan Amendment Instrument 2017 (No. 1).

Note:         See subsection 6.04(3) for the long-term average sustainable diversion limits that apply to each surface water SDL resource unit.

(2)     The Authority must publish on its website a map that:

(a)     identifies each surface water SDL resource unit; and

(b)     is prepared using the dataset referred to in subsection (1).

6.03       Identification of groundwater SDL resource units

(1)     A groundwater SDL resource unit referred to in column 1 of the table in Schedule 4 consists of all groundwater resources described by column 2 of the table in Schedule 4 that lie beneath the area described by the polygon of the same name in the dataset that:

(a)     is titled Groundwater SDL Resource Units; and

(b)     has a dataset scale of 1:250,000; and

(c)     is held by the Authority at the time of the amendment of this paragraph by the Basin Plan Amendment Instrument 2017 (No. 1).

Note:         See subsection 6.04(4) for the long-term average sustainable diversion limits that apply to each groundwater SDL resource unit.

(2)     The Authority must publish on its website a map that:

(a)     identifies each groundwater SDL resource unit; and

(b)     is prepared using the dataset referred to in subsection (1).

Division 2—Long-term average sustainable diversion limits

6.04       Long-term average sustainable diversion limits

(1)     The long‑term average sustainable diversion limits set out in this section take effect on 1 July 2019.

(2)     The long-term average sustainable diversion limit for the Basin water resources as a whole is the sum of the long-term average sustainable diversion limits for all SDL resource units.

Note:         The Authority estimates the long-term average sustainable diversion limit for all surface water SDL resource units to be 10,945 GL per year. This reflects a reduction of 2,680 GL per year from the Authority’s estimate of the BDL for all surface water SDL resource units. Current estimates of amounts of water that have been recovered for the environment are available on the Authority’s website.

(3)     The long-term average sustainable diversion limit for each surface water SDL resource unit is set out in column 2 of the table in Schedule 2.

Note:         The long-term sustainable diversion limits in the northern Basin Queensland zone and the northern Basin New South Wales zone were changed following the Northern Basin Review (completed in 2016).

Schedule 9—Criteria for identifying an ecosystem function

Note:         See section 8.50.

Item Criteria
Criterion 1: The ecosystem function supports the creation and maintenance of vital habitats and populations
1

Assessment indicator: An ecosystem function requires environmental watering to sustain it if it provides vital habitat, including:

(a)     a refugium for native water-dependent biota during dry periods and drought; or

(b)     pathways for the dispersal, migration and movement of native water-dependent biota; or

(c)     a diversity of important feeding, breeding and nursery sites for native water-dependent biota; or

(d)     a diversity of aquatic environments including pools, riffle and run environments; or

(e)     a vital habitat that is essential for preventing the decline of native water-dependent biota.

Criterion 2: The ecosystem function supports the transportation and dilution of nutrients, organic matter and sediment
2

Assessment indicator: An ecosystem function requires environmental watering to sustain it if it provides for the transportation and dilution of nutrients, organic matter and sediment, including:

(a)     pathways for the dispersal and movement of organic and inorganic sediment, delivery to downstream reaches and to the ocean, and to and from the floodplain; or

(b)     the dilution of carbon and nutrients from the floodplain to the river systems.

Criterion 3: The ecosystem function provides connections along a watercourse (longitudinal connections)
3

Assessment indicator: An ecosystem function requires environmental watering to sustain it if it provides connections along a watercourse or to the ocean, including longitudinal connections:

(a)     for dispersal and re-colonisation of native water-dependent communities; or

(b)     for migration to fulfil requirements of life-history stages; or

(c)     for in-stream primary production.

Criterion 4: The ecosystem function provides connections across floodplains, adjacent wetlands and billabongs (lateral connections)
4

Assessment indicator: An ecosystem function requires environmental watering to sustain it if it provides connections across floodplains, adjacent wetlands and billabongs, including:

(a)     lateral connections for foraging, migration and re-colonisation of native water-dependent species and communities; or

(b)     lateral connections for off-stream primary production.

Schedule 10—Key causes of water quality degradation

Note:         See section 9.02.

Item Type of water quality degradation Key causes of water quality degradation for that type
1 Elevated levels of salinity

(1)       The process of mobilisation of salt stores in the landscape and geological predisposition to salinity development, including by:

(a)       the following processes and activities relating to water flow or water management:

(i)            saline groundwater and surface water discharges into surface water systems;

(ii)           increased deep drainage below irrigated agricultural land displacing saline groundwater to surface water systems;

(iii)          saline surface and shallow groundwater drainage from irrigated agricultural land into surface water systems;

(iv)          irrigation at high salinity risk locations without adequate drainage management;

             Example: Locations where there is a high risk of recharge to groundwater resulting in saline discharges to surface waters.

(v)           de-watering of saline groundwater which mobilises salt into surface water systems;

(vi)          reduction in stream flows, limiting the dilution of salinity;

(b)       land management practices involving the replacement of deep-rooted vegetation with shallow-rooted crops and pastures, resulting in increased rainfall recharge displacing saline groundwater to surface water systems.

(2)        The use of groundwater for irrigation purposes at locations where highly saline upper aquifer water drains to the lower aquifer.

(3)        With respect to soil degradation, the use of water with a high ratio of sodium to calcium and magnesium for irrigation.

2 Elevated levels of suspended matter

Sediments entering Basin water resources, which is contributed to by:

(a)       the following land management practices:

(i)            inappropriate frequency, timing and location of cultivation;

Example: Cultivation taking place at times of the year when the risk of erosion is high (e.g. during the high rainfall season), excessive frequency of cultivation, and cultivation of steep slopes.

(ii)           overgrazing of catchments and grazing of riverbanks and floodplains;

Example:  The riparian zone along watercourses kept in permanent vegetation can effectively mitigate the movement of sediment within farmlands and from farmlands.

(iii)          poor soil conservation practices;

Example: Practices that fail to use management strategies that prevent soil erosion, acidification, salinisation or other chemical soil contamination, or fail to adopt proven soil conservation technologies such as the construction of contour banks.

(iv)          practices that over the long-term cause decline of stream morphology, leading to near stream processes of gully erosion, side wall cut and head migration; and

(b)       the following water management practices:

(i)           rapid drawdown of water within a surface water resource;

Example: Rapid drawdown of water in a dam.

(ii)           the volume or manner of release of water, resulting in back or bed erosion; and

(c)       wave wash (for example, that caused by speedboats).

3 Elevated levels of nutrients

Nutrients entering Basin water resources through both point and diffuse sources. The key sources of nutrients are:

(a)       soil and organic matter;

(b)       animal waste;

(c)       fertilisers;

(d)       sewage and industrial discharges;

(e)       nutrients from water storages released as a result of storage management practices.

4 Elevated levels of cyanobacteria cell counts or biovolume and toxins and odour compounds

The interaction of the following factors:

(a)       a water body with little or no flow;

(b)       stratification in the water body;

(c)       sunlight;

(d)       the availability of phosphorus and nitrogen in the water;

(e)       seeding from up-stream (although cyanobacteria blooms may occur without this factor).

5 Water temperature outside natural ranges

(1)         The key cause of water temperature of Basin water resources below natural ranges is the release of stored water from below the thermocline from large water storages in spring, summer and autumn.

(2)         The key causes of water temperature of Basin water resources above natural ranges are the following:

(a)       the release of stored water from large water storages in winter;

(b)       the removal of shading riparian vegetation;

(c)       reduced flow.

6 Dissolved oxygen outside natural ranges

(1)         Micro-organisms consuming organic matter and depleting oxygen at a rate faster than it can be replenished.

Example:    This can arise when there is a discharge from sewage treatment plants or the flushing of natural organic material from the floodplain.

(2)         Bottom release from, or overturn within, a stratified water storage.

(3)         Eutrophication leading to excessive plant growth causing high diurnal variations in dissolved oxygen levels, both above and below natural ranges.

7 Elevated levels of pesticides and other contaminants

Poor management practices including the following:

(a)       pesticide spray drift;

(b)       allowing pesticides or other contaminants into surface water runoff;

(c)       allowing pesticides or other contaminants to leach into groundwater;

(d)       allowing erosion of contaminated soil;

(e)       inappropriate disposal of pesticides;

(f)        inappropriate disposal and management of industrial and other waste (including from mining and coal-seam gas extraction).

8 pH outside natural ranges

(1)        The exposure to the air of soils containing iron sulfide minerals.

Note:               When iron sulfide minerals are exposed to air natural oxidation processes can result in the release of acid, which can be flushed into Basin water resources.

(2)        Agricultural practices that lead to the acidification of soils.

(3)        Eutrophication leading to excessive plant growth causing high diurnal variation in pH.

9 Elevated pathogen counts

Pathogens entering Basin water resources through both point and diffuse sources. The key sources of pathogens are:

(a)       human and animal waste; and

(b)       sewage discharges.

Schedule 11—Target values for target application zones

Note:         See section 9.16.

Target application zones (Target assessment) Water-dependent ecosystem Ecosystem Type Turbidity (NTU) (Annual median) Total Phosphorus (μg/L) (Annual median) Total Nitrogen (μg/L) (Annual median) Dissolved oxygen (mg/L; or saturation (%))  (Annual median within the range) pH
(Annual median within the range)
Salinity Temperature (Monthly median within the range) Pesticides, heavy metals and other toxic contaminants (values in table 3.4.1 of the ANZECC Guidelines for)  (Must not be  exceeded)
B1 (Condamine and Warrego valleys; Upland zone) Declared Ramsar wetlands Streams and rivers

40

200

1350

>5.0 mg/L; or 60–110%

6.5–8.0

between the 20%ile and the 80%ile of natural monthly water temperature the protection of 99% of species
Lakes and wetlands

100

25

1000

90–110%

6.5-9.0

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Other water-dependent ecosystems Streams, rivers, lakes and wetlands

270

450

2000

60-110%

7.0-8.5

between the 20%ile and 80%ile of natural monthly water temperature the protection of 95% of species
A1 (Condamine, Paroo and  Warrego valleys; Lowland zone) Declared Ramsar wetlands Streams and rivers

450

220

890

>5.0 mg/L; or 60–110%

6.5–8.0

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Lakes and wetlands

100

25

1000

90–110%

6.5-9.0

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Target application zones (Target assessment) Water-dependent ecosystem Ecosystem Type Turbidity (NTU) (Annual median) Total Phosphorus (μg/L) (Annual median) Total Nitrogen (μg/L) (Annual median) Dissolved oxygen (mg/L; or saturation (%))  (Annual median within the range) pH
(Annual median within the range)
Salinity

Temperature (Monthly median within the range) Pesticides, heavy metals and other toxic contaminants (values in table 3.4.1 of the ANZECC Guidelines for)  (Must not be  exceeded)
Other water-dependent ecosystems Streams, rivers, lakes and wetlands

700

300

1000

>5.0 mg/L; or 60–110%

6.5–8.0

End-of-Valley targets  for salinity in Appendix 1 of  Schedule B to the Agreement between the 20%ile and 80%ile of natural monthly water temperature the protection of 95% of species
B2 (Border Rivers, Gwydir and Namoi valleys; Upland zone) Declared Ramsar wetlands Streams and rivers

15

45

490

90–110%

7.5-8.5

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Lakes and wetlands

20

10

350

90–110%

6.5–8.0

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Other water-dependent ecosystems Streams, rivers, lakes and wetlands

30

80

750

60–110%

7.5-8.5

between the 20%ile and 80%ile of natural monthly water temperature the protection of 95% of species
A2 (Border Rivers, Gwydir, and Namoi valleys; Lowland zone) Declared Ramsar wetlands Streams and rivers

75

130

890

>5.0 mg/L; or 65–110%

7.0–8.3

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Lakes and wetlands 20 10 350

90–110%

6.5–8.0

between the 20%ile and 80%ile of natural monthly water temperature

the protection of 99% of species
Target application zones (Target assessment) Water-dependent ecosystem Ecosystem Type Turbidity (NTU) (Annual median) Total Phosphorus (μg/L) (Annual median) Total Nitrogen (μg/L) (Annual median) Dissolved oxygen (mg/L; or saturation (%))  (Annual median within the range) pH
(Annual median within the range)
Salinity

Temperature (Monthly median within the range) Pesticides, heavy metals and other toxic contaminants (values in table 3.4.1 of the ANZECC Guidelines for)  (Must not be  exceeded)
Other water-dependent ecosystems Streams, rivers, lakes and wetlands

200

200

1000

>5.0 mg/L; or 65–110%

7.0–8.3

End-of-Valley targets  for salinity in Appendix 1 of  Schedule B to the Agreement between the 20%ile and 80%ile of natural monthly water temperature the protection of 95% of species
C2 (Border Rivers, Gwydir, and Namoi valleys; Montane zone) Declared Ramsar wetlands Streams and rivers

25

20

250

90-110%

6.5-7.5

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Lakes and wetlands

20

10 350 90–110%

6.5–8.0

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Other water-dependent ecosystems Streams, rivers, lakes and wetlands

25

20

250

90-110%

6.5-7.5

between the 20%ile and 80%ile of natural monthly water temperature the protection of 95% of species
Dml (Darling valley; Middle and lower zones) Declared Ramsar wetlands Streams and rivers

50

50

500

85–110%

6.5–8.0

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Lakes and wetlands

20

10

350

90–110%

6.5–8.0

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Target application zones (Target assessment) Water-dependent ecosystem Ecosystem Type Turbidity (NTU) (Annual median) Total Phosphorus (μg/L) (Annual median) Total Nitrogen (μg/L) (Annual median) Dissolved oxygen (mg/L; or saturation (%))  (Annual median within the range) pH
(Annual median within the range)
Salinity

Temperature (Monthly median within the range) Pesticides, heavy metals and other toxic contaminants (values in table 3.4.1 of the ANZECC Guidelines for)  (Must not be  exceeded)
Other water-dependent ecosystems Streams, rivers, lakes and wetlands

50

50

500

85–110%

6.5–8.0

End-of-Valley targets for salinity in Appendix 1 of  Schedule B to the Agreement between the 20%ile and 80%ile of natural monthly water temperature the protection of 95% of species
B3 (Castlereagh, Macquarie, Lachlan and Murrumbidgee valleys; Upland zone) Declared Ramsar wetlands Streams and rivers

5

20

310

>8 mg/L; or

90-110%

7.0-8.0

between the 20%ile and 80%ile of natural monthly water temperature

the protection of 99% of species

Lakes and wetlands

20

10

350

90–110%

6.5–8.0

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Other water-dependent ecosystems Streams, rivers, lakes and wetlands 20

35

600

>8 mg/L; or

90-110%

7.0-8.0

between the 20%ile and 80%ile of natural monthly water temperature the protection of 95% of species

A3 (Castlereagh, Macquarie, Lachlan and Murrumbidgee valleys;   Lowland zone)

Declared Ramsar wetlands Streams and rivers 20

30

320

>7.0 mg/L; or

80-110%

6.5–8.0

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Target application zones (Target assessment) Water-dependent ecosystem Ecosystem Type Turbidity (NTU) (Annual median) Total Phosphorus (μg/L) (Annual median) Total Nitrogen (μg/L) (Annual median) Dissolved oxygen (mg/L; or saturation (%))  (Annual median within the range) pH
(Annual median within the range)
Salinity

Temperature (Monthly median within the range) Pesticides, heavy metals and other toxic contaminants (values in table 3.4.1 of the ANZECC Guidelines for)  (Must not be  exceeded)
Lakes and wetlands 20

10

350

90–110%

6.5–8.0

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Other water-dependent ecosystems Streams, rivers, lakes and wetlands

35

50

600

>7.0 mg/L; or

80-110%

6.5–8.0

End-of-Valley targets  for salinity in Appendix 1 of  Schedule B to the Agreement between the 20%ile and 80%ile of natural monthly water temperature the protection of 95% of species
Du (Darling; Upper zone) Declared Ramsar wetlands Streams and rivers

95

150

480

>7 mg/L; or

80-110%

7.0-8.1

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Lakes and wetlands

20

10

350

90–110%

6.5–8.0

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Other water-dependent ecosystems Streams, rivers, lakes and wetlands

230

250

900

>7 mg/L; or

80-110%

7.0-8.1

between the 20%ile and 80%ile of natural monthly water temperature the protection of 95% of species
C3 (Lachlan and Murrumbidgee valleys Montane zone) Declared Ramsar wetlands Streams and rivers

5

20

250

>8.5 mg/L; or

90-110%

6.5-7.5

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Target application zones (Target assessment) Water-dependent ecosystem Ecosystem Type Turbidity (NTU) (Annual median) Total Phosphorus (μg/L) (Annual median) Total Nitrogen (μg/L) (Annual median) Dissolved oxygen (mg/L; or saturation (%))  (Annual median within the range) pH
(Annual median within the range)
Salinity

Temperature (Monthly median within the range) Pesticides, heavy metals and other toxic contaminants (values in table 3.4.1 of the ANZECC Guidelines for)  (Must not be  exceeded)
Lakes and wetlands

20

10

350

90–110%

6.5–8.0

between the 20%ile and 80%ile of natural monthly water temperature

the protection of 99% of species

Other water-dependent ecosystems Streams, rivers, lakes and wetlands

10

20

250

>8.5 mg/L; or

90-110%

6.5-7.5

between the 20%ile and 80%ile of natural monthly water temperature the protection of 95% of species
cMum (Murray Valley Central; Upper and Middle zones) Declared Ramsar wetlands Streams and rivers

15

40

500

>7.7 mg/L; 90–110%

6.5–7.5

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Lakes and wetlands

20

10

350

90–110%

6.5–8.0

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Other water-dependent ecosystems Streams, rivers, lakes and wetlands

15

40

500

>7.7 mg/L; 90–110%

6.5–7.5

End-of-Valley targets  for salinity in Appendix 1 of  Schedule B to the Agreement

between the 20%ile and 80%ile of natural monthly water temperature the protection of 95% of species
Target application zones (Target assessment) Water-dependent ecosystem Ecosystem Type Turbidity (NTU) (Annual median) Total Phosphorus (μg/L) (Annual median) Total Nitrogen (μg/L) (Annual median) Dissolved oxygen (mg/L; or saturation (%))  (Annual median within the range) pH
(Annual median within the range)
Salinity

Temperature (Monthly median within the range) Pesticides, heavy metals and other toxic contaminants (values in table 3.4.1 of the ANZECC Guidelines for)  (Must not be  exceeded)
B4 (Avoca, Wimmera, Loddon and Campaspe valleys; Upland zone) Declared Ramsar wetlands Streams and rivers

10

25

600

80-110%

6.5–8.3

between the 20%ile and 80%ile of natural monthly water temperature

the protection of 99% of species

Lakes and wetlands

20

10

350

90–110%

6.5–8.0

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Other water-dependent ecosystems Streams, rivers, lakes and wetlands

10

25

600

80-110%

6.5–8.3

between the 20%ile and 80%ile of natural monthly water temperature the protection of 95% of species
A4 (Avoca, Wimmera, Loddon and Campaspe valleys; Lowland  zone) Declared Ramsar wetlands Streams and rivers

5

15

320

80-110%

6.5–8.3

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Lakes and wetlands

20

10

350

90–110%

6.5–8.0

between the 20%ile and 80%ile of natural monthly water temperature

the protection of 99% of species

Target application zones (Target assessment) Water-dependent ecosystem Ecosystem Type Turbidity (NTU) (Annual median) Total Phosphorus (μg/L) (Annual median) Total Nitrogen (μg/L) (Annual median) Dissolved oxygen (mg/L; or saturation (%))  (Annual median within the range) pH
(Annual median within the range)
Salinity

Temperature (Monthly median within the range) Pesticides, heavy metals and other toxic contaminants (values in table 3.4.1 of the ANZECC Guidelines for)  (Must not be  exceeded)
Other water-dependent ecosystems Streams, rivers, lakes and wetlands

30

45

900

80-110%

6.5–8.3

End-of-Valley targets  for salinity in Appendix 1 of  Schedule B to the Agreement between the 20%ile and 80%ile of natural monthly water temperature the protection of 95% of species

C5 (Ovens valley; Montane zone)

Declared Ramsar wetlands Streams and rivers

5

25

150

95-110%

6.4-7.7

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Lakes and wetlands

20

10

350

90–110%

6.5–8.0

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Other water-dependent ecosystems Streams, rivers, lakes and wetlands

5

25

150

95-110%

6.4-7.7

between the 20%ile and 80%ile of natural monthly water temperature the protection of 95% of species
B5 (Broken, Goulburn and Ovens valleys; Upland zones) Declared Ramsar wetlands Streams and rivers

5

15

290

>8.0 mg/L; or

90-110%

6.4-7.7

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Lakes and wetlands

20

10

350

90–110%

6.5–8.0

between the 20%ile and 80%ile of natural monthly water temperature

the protection of 99% of species
Target application zones (Target assessment) Water-dependent ecosystem Ecosystem Type Turbidity (NTU) (Annual median) Total Phosphorus (μg/L) (Annual median) Total Nitrogen (μg/L) (Annual median) Dissolved oxygen (mg/L; or saturation (%))  (Annual median within the range) pH
(Annual median within the range)
Salinity

Temperature (Monthly median within the range) Pesticides, heavy metals and other toxic contaminants (values in table 3.4.1 of the ANZECC Guidelines for)  (Must not be  exceeded)
Other water-dependent ecosystems Streams, rivers, lakes and wetlands

10

30

600

>8.0 mg/L; or

90-110%

6.4-7.7

between the 20%ile and 80%ile of natural monthly water temperature the protection of 95% of species
A5 (Broken, Goulburn and Ovens valleys; Lowland zone) Declared Ramsar wetlands Streams and rivers

10

25

350

>7.5 mg/L; or

85-110%

6.4–7.7

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Lakes and wetlands

20

10

350

90–110%

6.5–8.0

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Other water-dependent ecosystems Streams, rivers, lakes and wetlands

30

45

600

>7.5 mg/L; or

85-110%

6.4–7.7

End-of-Valley targets  for salinity in Appendix 1 of  Schedule B to the Agreement between the 20%ile and 80%ile of natural monthly water temperature

the protection of 95% of species

C6 (Mitta Mitta and Upper Murray;  Montane) Declared Ramsar wetlands Streams and rivers

5

25

150

>9 mg/L; or

95-110%

6.4–7.7

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Lakes and wetlands

20

10

350

90–110%

6.5–8.0

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Target application zones (Target assessment) Water-dependent ecosystem Ecosystem Type Turbidity (NTU) (Annual median) Total Phosphorus (μg/L) (Annual median) Total Nitrogen (μg/L) (Annual median) Dissolved oxygen (mg/L; or saturation (%))  (Annual median within the range) pH
(Annual median within the range)
Salinity

Temperature (Monthly median within the range) Pesticides, heavy metals and other toxic contaminants (values in table 3.4.1 of the ANZECC Guidelines for)  (Must not be  exceeded)
Other water-dependent ecosystems Streams, rivers, lakes and wetlands

5

25

150

>9 mg/L; or

95-110%

6.4–7.7

between the 20%ile and 80%ile of natural monthly water temperature the protection of 95% of species
B6 (Kiewa, Mitta Mitta and Upper Murray; Upland) Declared Ramsar wetlands Streams and rivers

5

20

230

>8.5 mg/L; or

85-110%

6.4–7.7

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Lakes and wetlands

20

10

350

90–110%

6.5–8.0

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Other water-dependent ecosystems Streams, rivers, lakes and wetlands

5

30

350

>8.5 mg/L; or

85-110%

6.4–7.7

between the 20%ile and 80%ile of natural monthly water temperature the protection of 95% of species

A6 (Kiewa; Lowland)

Declared Ramsar wetlands Streams and rivers

5

30

290

>7.5 mg/L; or

85-110%

6.4–7.7

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Lakes and wetlands

20

10

350

90–110%

6.5–8.0

between the 20%ile and 80%ile of natural monthly water temperature

the protection of 99% of species
Target application zones (Target assessment) Water-dependent ecosystem Ecosystem Type Turbidity (NTU) (Annual median) Total Phosphorus (μg/L) (Annual median) Total Nitrogen (μg/L) (Annual median) Dissolved oxygen (mg/L; or saturation (%))  (Annual median within the range) pH
(Annual median within the range)
Salinity

Temperature (Monthly median within the range) Pesticides, heavy metals and other toxic contaminants (values in table 3.4.1 of the ANZECC Guidelines for)  (Must not be  exceeded)
Other water-dependent ecosystems Streams, rivers, lakes and wetlands

10

45

600

>7.5 mg/L; or

85-110%

6.4–7.7

End-of-Valley targets  for salinity in Appendix 1 of  Schedule B to the Agreement between the 20%ile and 80%ile of natural monthly water temperature the protection of 95% of species

cMl (Central Murray; Lower)

Declared Ramsar wetlands Streams and rivers

35

80

700

>8.0 mg/L; or 90-110%

6.8-8.0

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Lakes and wetlands

20

10

350

90–110%

6.5–8.0

between the 20%ile and 80%ile of natural monthly water temperature

the protection of 99% of species

Other water-dependent ecosystems Streams, rivers, lakes and wetlands

35

80

700

>8.0 mg/L; or 90-110%

6.8-8.0

End-of-Valley targets  for salinity in Appendix 1 of  Schedule B to the Agreement between the 20%ile and 80%ile of natural monthly water temperature the protection of 95% of species

lM (Lower Murray)

Declared Ramsar wetlands Streams and rivers

50

100

1000

85-110%

6.5-9.0

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Target application zones (Target assessment) Water-dependent ecosystem Ecosystem Type Turbidity (NTU) (Annual median) Total Phosphorus (μg/L) (Annual median) Total Nitrogen (μg/L) (Annual median) Dissolved oxygen (mg/L; or saturation (%))  (Annual median within the range) pH
(Annual median within the range)
Salinity

Temperature (Monthly median within the range) Pesticides, heavy metals and other toxic contaminants (values in table 3.4.1 of the ANZECC Guidelines for)  (Must not be  exceeded)
Lakes and wetlands

20

10

350

90–110%

6.5–8.0

between the 20%ile and 80%ile of natural monthly water temperature the protection of 99% of species
Other water-dependent ecosystems Streams, rivers, lakes and wetlands

50

100

1000

85-110%

6.5-9.0

End-of-Valley targets in Appendix 1 of  Schedule B to the Agreement between the 20%ile and 80%ile of natural monthly water temperature the protection of 95% of species

Schedule 12—Matters for evaluation and reporting requirements

Note 1:      The matters listed in this Schedule relate to the objectives and outcomes against which the effectiveness of the Basin Plan will be evaluated (see section 13.05). The matters are also matters on which the Authority, the Basin States, the Department and the CEWH are required to report (see section 13.14). The Authority may publish guidelines under section 13.16, and enter into agreements under section 13.15, in relation to the reporting requirements.

Note: 2      Category A matters are subject to 5 yearly reporting and Category B matters are subject to annual reporting, subject to an agreement being made under section 13.15.

In this Schedule, CEWH means the Commonwealth Environmental Water Holder.

Item

Matter

Reporter

Category

Relevant Chapter

Basin Plan as a whole
1 The transparency and effectiveness of the management of the Basin water resources. Authority A Chapter 5
2 The protection and restoration of water‑dependent ecosystems and ecosystem functions in the Murray‑Darling Basin, including for the purposes of strengthening their resilience in a changing climate. Authority A Chapter 5
3 The extent to which the Basin Plan has affected social, economic and environmental outcomes in the Murray‑Darling Basin. Department, Authority A Chapter 5
4 The effectiveness of the management of risks to Basin water resources. Basin States, Authority B Chapters 4, 5 and 10
5 The transition to long‑term average sustainable diversion limits. Department B Chapters 5 and 6
6 The extent to which local knowledge and solutions inform the implementation of the Basin Plan. Basin States, Authority, CEWH B Chapters 6, 8 and 10
Environmental watering plan
7 The achievement of environmental outcomes at a Basin scale, by reference to the targets in Schedule 7. Authority, CEWH A Chapter 8
8 The achievement of environmental outcomes at an asset scale. Basin States A Chapter 8
9 The identification of environmental water and the monitoring of its use. Basin States, CEWH, Authority B Chapter 8
10 The implementation of the environmental management framework (Part 4 of Chapter 8). Basin States, CEWH, Authority B Chapter 8
Water quality and salinity
11 The fitness for purpose of the Basin water resources. Authority A Chapters 5 and 9
12

Progress towards the water quality targets in Chapter 9.

Basin States, Authority A Chapter 9
13 The implementation, where necessary, of the emergency response process for critical human water needs. Basin States, Authority, Department B Chapter 11
14 The implementation of the water quality and salinity management plan, including the extent to which regard is had to the targets in Chapter 9 when making flow management decisions. Basin States, Authority, CEWH B Chapter 9
Water trading rules
15 The facilitation, by efficient and effective water markets, of tradeable water rights reaching their most productive use. Authority A Chapters 5 and 12
16 The implementation of water trading rules. Basin States, Authority B Chapter 12
Water resource planning
17 The certainty of access to Basin water resources. Authority A Chapters 5 and 10
18 The efficiency and effectiveness of the operation of water resource plans, including in providing a robust framework under a changing climate. Basin States, Authority A Chapter 10
19 Compliance with water resource plans. Basin States B Chapter 10
20 The prioritisation of critical human water needs. Basin States B Chapters 10 and 11
21 The accountability and transparency of arrangements for water sharing. Basin States B Chapter 10

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of the Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

o = order(s)
ad = added or inserted Ord = Ordinance
am = amended orig = original
amdt = amendment par = paragraph(s)/subparagraph(s)
c = clause(s)     /sub‑subparagraph(s)
C[x] = Compilation No. x pres = present
Ch = Chapter(s) prev = previous
def = definition(s) (prev…) = previously
Dict = Dictionary Pt = Part(s)
disallowed = disallowed by Parliament r = regulation(s)/rule(s)
Div = Division(s)
exp = expires/expired or ceases/ceased to have reloc = relocated
    effect renum = renumbered
F = Federal Register of Legislation rep = repealed
gaz = gazette rs = repealed and substituted
LA = Legislation Act 2003 s = section(s)/subsection(s)
LIA = Legislative Instruments Act 2003 Sch = Schedule(s)
(md) = misdescribed amendment can be given Sdiv = Subdivision(s)
    effect SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment SR = Statutory Rules
    cannot be given effect Sub‑Ch = Sub‑Chapter(s)
mod = modified/modification SubPt = Subpart(s)
No. = Number(s) underlining = whole or part not
    commenced or to be commenced

Endnote 3—Legislation history

Name Registration Commencement Application, saving and transitional provisions
Basin Plan 2012 23 Nov 2012 (F2012L02240) Ch 12: 1 July 2014 (s 1.04(2))
Remainder: 24 Nov 2012 (s 1.04(1))
Water Amendment Act 2015 15 Oct 2015 (C2015A00133) Sch 1 (items 1–3): 13 Apr 2016
Water Legislation Amendment (Sustainable Diversion Limit Adjustment) Act 2016 29 Nov 2016 (C2016A00072) 24 Nov 2016 (s 2(1) item 1)
Basin Plan Amendment Instrument 2017 (No. 1) 13 Nov 2017 (F2017L01462) Sch 1 (items 61–66): 1 Jan 2020 (s 2(a))
Remainder: 14 Nov 2017 (s 2(b))

Endnote 4—Amendment history

Provision affected How affected
Chapter 1
Part 3
s 1.07................................ am F2017L01462
Chapter 3
Part 1
s. 3.03............................... am F2017L01462
Part 2
s 3.06................................ rs F2017L01462
s 3.07................................ am F2017L01462
Chapter 6
Part 2
Division 1
s 6.02................................ am F2017L01462
s 6.03................................ am F2017L01462
Division 2
s 6.04................................ am F2017L01462
s 6.05................................ rs F2017L01462
s 6.06................................ am F2017L01462
Part 4
Division 1
s 6.08................................ am F2017L01462
Division 2
Division 2 heading............ am F2017L01462
s 6.09................................ am F2017L01462
s 6.11................................ am F2017L01462
s 6.12................................ am F2017L01462
Division 3
Division 3......................... ad F2017L01462
s 6.12A............................. ad F2017L01462
s 6.12B............................. ad F2017L01462
s 6.12C............................. ad F2017L01462
Chapter 7
Chapter 7.......................... am No 72, 2016; F2017L01462
Part 1
s 7.01................................ am F2017L01462
s 7.02................................ am No 72, 2016
s 7.07................................ am F2017L01462
Part 2
Division 2
s 7.10................................ am No 72, 2016
Division 3
s 7.12................................ am No 72, 2016
Division 4
s 7.14................................ am F2017L01462
s 7.14A............................. ad F2017L01462
s 7.15................................ am No 72, 2016
s 7.16................................ am No 72, 2016
s 7.17................................ am  No133, 2015
s 7.20................................ am No 72, 2016
Part 3................................ rep F2017L01462
s 7.22................................ rep F2017L01462
s 7.23................................ rep F2017L01462
Chapter 9
Part 3
s 9.06................................ am F2017L01462
Chapter 10
Part 2
s 10.04.............................. am F2017L01462
Part 3
Division 2
s 10.10.............................. am F2017L01462
s 10.11.............................. am F2017L01462
Division 3
s 10.15.............................. am F2017L01462
Part 4
Division 3
s 10.20.............................. am F2017L01462
s 10.21.............................. rs F2017L01462
Part 7
Division 1
Division 1 heading............ ad F2017L01462
s 10.29.............................. rs F2017L01462
Division 2
Division 2 heading............ ad F2017L01462
Division 3
Division 3......................... ad F2017L01462
s 10.35A........................... ad F2017L01462
s 10.35B........................... ad F2017L01462
s 10.35C........................... ad F2017L01462
s 10.35D........................... ad F2017L01462
Part 10
s 10.44.............................. am F2017L01462
Part 11
s 10.47A........................... ad F2017L01462
Chapter 12
Part 1
s 12.05.............................. am F2017L01462
Part 2
Division 2
Subdivision B
s 12.16.............................. am F2017L01462
s 12.17.............................. rep F2017L01462
s 12.18.............................. am F2017L01462
s 12.19.............................. am F2017L01462
s 12.20.............................. am F2017L01462
Part 5
Division 3
s 12.47.............................. am F2017L01462
Chapter 13
Part 3
Division 1
s 13.05.............................. am F2017L01462
Division 2
Division 2 heading............ rs F2017L01462
s 13.07.............................. rs F2017L01462
s. 13.08............................. am F2017L01462
s 13.09.............................. am F2017L01462
s 13.09A........................... ad F2017L01462
Part 6
s 13.23.............................. am F2017L01462
Schedule 2
Schedule 2........................ am F2017L01462
Schedule 3
Schedule 3........................ am F2017L01462
Schedule 4
Schedule 4........................ am F2017L01462

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