Water Regulations 2008 (Cth)

Water Regulations 2008

Select Legislative Instrument No. 106, 2008

made under the

Water Act 2007

Compilation No. 31

Compilation date: 1 July 2025

Includes amendments: F2025L00757

About this compilation

This compilation

This is a compilation of the Water Regulations 2008 that shows the text of the law as amended and in force on 1 July 2025 (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 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 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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1Preliminary1.01Name of Regulations

These Regulations are the Water Regulations 2008.

1.03Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Agreement;
(b) Basin Plan;
(c) Basin State;
(d) eligible tradeable water right;
(e) eligible water markets intermediary;
(f) Murray‑Darling Basin;
(g) water information;
(h) Water Markets Intermediaries Code;
(i) water markets intermediary services;
(j) water resources.
(1)
In these Regulations:
Act means the Water Act 2007.
Australian ADI has the same meaning as in section 9 of the Corporations Act 2001.
bulk water service means one or more of the following:
(a)
a service that is provided for the storage of water that is primarily stored on‑river;
(b)
a service that is provided for the delivery of water that is primarily delivered on‑river.
category, in relation to water information, means a category of water information specified in regulation 7.03.
Category A person means a person specified as a Category A person in the document titled Persons and Classes of Persons (see regulation 1.06).
Category B person means a person specified as a Category B person in the document titled Persons and Classes of Persons (see regulation 1.06).
Category C person means a person specified as a Category C person in the document titled Persons and Classes of Persons (see regulation 1.06).
Category D person means a person specified as a Category D person in the document titled Persons and Classes of Persons (see regulation 1.06).
Category E person means a person specified as a Category E person in the document titled Persons and Classes of Persons (see regulation 1.06).
Category F person means a person specified as a Category F person in the document titled Persons and Classes of Persons (see regulation 1.06).
Category G person means a person specified as a Category G person in the document titled Persons and Classes of Persons (see regulation 1.06).
Category H person means a person specified as a Category H person in the document titled Persons and Classes of Persons (see regulation 1.06).
Category K person means a person specified as a Category K person in the document titled Persons and Classes of Persons (see regulation 1.06).
Category L person means a person specified as a Category L person in the document titled Persons and Classes of Persons (see regulation 1.06).
Category M person means a person specified as a Category M person in the document titled Persons and Classes of Persons (see regulation 1.06).
data management system means the software and hardware used to manage the storage of and access to information held in a set of related files.
electronic format means a format that is machine readable, but does not include scanned documents.
financial year, of an eligible water markets intermediary, has the same meaning as in subsection 100V(6) of the Act.
grace period, for a person: see subregulation 7.04(1A).
related party, of an eligible water markets intermediary, means an entity that is, or has been in the previous 6 months:
(a)
if the intermediary is a partnership—a partner of the partnership; or
(b)
if the intermediary is a trust—a trustee of the trust; or
(c)
if the intermediary is an unincorporated association—a member of the committee of management of the association; or
(d)
if the intermediary, or a person covered by a preceding paragraph,is a body corporate:
(i)
a director, secretary, employee or officer of the body corporate; or
(ii)
a related body corporate (within the meaning of the Corporations Act 2001) in relation to the intermediary; or
(iii)
a director, secretary, employee or officer of such a related body corporate; or
(e)
an entity controlled by a person covered by a preceding paragraph; or
(f)
a relative (within the meaning of the Racial Discrimination Act 1975) or a near relative (within the meaning of the Sex Discrimination Act 1984) of:
(i)
the intermediary; or
(ii)
a person covered by a preceding paragraph; or
(g)
an employee of the intermediary; or
(h)
if a contractor of the intermediary has entered into an exclusive agreement to act as a broker for the intermediary—the contractor.
subcategory, in relation to water information, means a subcategory of water information specified in regulation 7.03 and Schedule 3
water connection means a distribution point for a water service provided to an end user.
web service means a software system designed to support machine‑to‑machine interaction, in which the machines are capable of being used or operated reciprocally over a network of computers.
(2)
In these Regulations:
GL is an acronym for gigalitre.
ML is an acronym for megalitre.

1.04Interpretation – periods of time

(1)
A reference to an hour in these Regulations is to a period of 60 minutes starting on the hour (eg 12:00).
(2)
A reference to a dayin these Regulations is to a period of 24 hours starting at 12:00 midnight.
(3)
A reference to a week in these Regulations is to a period of seven consecutive days starting on the first moment of a Monday and finishing at the end of the following Sunday.
(4)
A reference to a year in these Regulations is to a financial year.

1.05Definition of Basin water resources in subsection 4(1) of Act – prescribed water resources

(1)
For paragraph (a) of the definition of Basin water resources in subsection 4(1) of the Act, the following water resources are prescribed:
(a)
ground water occurring beneath area 1, 2, 3, 4 or 5 of the Murray‑Darling Basin;
(b)
surface water occurring within area 1, 2, 3, 4 or 5 of the Murray‑Darling Basin;
(c)
ground water occurring beneath area 6 or 7 of the Murray‑Darling Basin.
(2)
In each Part of Schedule 1, all geographic coordinates are expressed in terms of the Geocentric Datum of Australia 1994.
Note: The Geocentric Datum of Australia 1994 (also known as GDA 94) was published in Gazette No. GN 35 of 6 September 1995.
(3)
In this regulation:
area 1 means the area described in Part 1 of Schedule 1.
area 2 means the area described in Part 2 of Schedule 1.
area 3 means the area described in Part 3 of Schedule 1.
area 4 means the area described in Part 4 of Schedule 1.
area 5 means the area described in Part 5 of Schedule 1.
area 6 means the area described in Part 6 of Schedule 1.
area 7 means the area described in Part 7 of Schedule 1.

1.05ADefinition of bulk water charge in subsection 4(1) of the Act – prescribed persons

(1)
A person is prescribed for paragraph (c) of the definition of bulk water charge in subsection 4(1) of the Act if:
(a)
the person diverts water directly from a watercourse for the person’s use, including for one of the following purposes:
(i)
agricultural purposes;
(ii)
industrial purposes;
(iii)
irrigation;
(iv)
stock and domestic water use; and
(b)
the water is made available through a bulk water service.

1.05BDefinition of State water management law in subsection 4(1) of the Act – prescribed laws of Basin States

For the purposes of the definition of State water management law in subsection 4(1) of the Act, the Landscape South Australia Act 2019 (SA) is prescribed.

1.06References to documents published by Bureau

(1)
A reference in these Regulations to the document titled Persons and Classes of Persons is a reference to the document by that name published from time to time by the Bureau and available at reference in these Regulations to the document titled Commercially Sensitive Sites is a reference to the document by that name published from time to time by the Bureau and available at reference in these Regulations to the document titled Metadata and contextual information requirements is a reference to the document by that name published from time to time by the Bureau and available at reference in these Regulations to the document titled Urban Water Management Information Requirements is a reference to the document by that name published from time to time by the Bureau and available at level="2" section-type="Part">Part 2Management of Basin water resourcesDivision 2.1Basin plan2.01Snowy water licence variations
(1)
For subsection 21(7) of the Act, the following variations of the Snowy water licence are prescribed:
(a)
the variation issued by the Commissioner of the NSW Office of Water for the Water Administration Ministerial Corporation on 29 April 2010;
(b)
the variation issued by the NSW Minister for Primary Industries for the Water Administration Ministerial Corporation on 4 October 2011.
Note 1: Subsection 21(6) of the Act provides that the Basin plan must not be inconsistent with the provisions of the Snowy water licence.
Note 2: Subsection 21(7) of the Act provides that a variation of the Snowy water licence is to be disregarded unless the variation is prescribed by the regulations.
Note 3: The variations are available at this regulation:
Snowy water licence means the licence issued under section 22 of the Snowy Hydro Corporatisation Act 1997 of New South Wales.
2.03Minor or non‑substantive amendments of Basin Plan
Authority may make minor or non‑substantive amendments
(1)
For the purposes of paragraph 49(1)(a) of the Act, the Authority may make the kind of minor, or non‑substantive, amendment of the Basin Plan to which subregulations (2) and (4) apply.
Note: An amendment under this regulation is a legislative instrument: see subsection 33(3) of the Act.
(2)
This subregulation applies to an amendment that:
(a)
goes only to a matter of spelling, punctuation, grammar or syntax, or the use of conjunctives and disjunctives; or
(b)
updates a reference to:
(i)
any law, or a provision of any law; or
(ii)
a person, body or other entity, or an office, position, place, document or thing; or
(c)
replaces a reference to a provision of any law with a different form of reference to the provision; or
(d)
numbers or renumbers a provision of the Basin Plan; or
(e)
changes the order of definitions or other provisions of the Basin Plan; or
(f)
changes the way of referring to or expressing a number, year, date, time, amount of money or other amount, quantity or measurement; or
Example: A reference in a form to “this [blank] day of [blank] 20…” may be changed to “[Date]”.
(g)
changes language that indicates gender or that could be taken to indicate gender; or
(h)
omits a provision of the Basin Plan that has expired, the operation of which is exhausted or spent, or that is otherwise obsolete or redundant; or
(i)
omits a reference to any law (or a provision of any law) that has expired, the operation of which is exhausted or spent, or that is otherwise obsolete or redundant; or
(j)
corrects any of the following errors:
(i)
errors in numbering, cross‑referencing and alphabetical ordering;
(ii)
errors in references to any law, or provisions of any law;
(iii)
errors arising out of an amendment of any law;
(iv)
any other errors of a nature similar to those mentioned in subparagraphs (i) to (iii); or
(k)
affects the format, layout or printing style of the Basin Plan, or any other presentational aspect of the Basin Plan; or
(l)
is consequential on any other change made to the Basin Plan under this regulation.
(3)
A reference in subregulation (2) to any law includes a reference to a law of the Commonwealth, a State or a Territory.
(4)
This subregulation applies to an amendment that does not alter:
(a)
rights or obligations provided for by the Basin Plan; or
(b)
the substance of the Basin Plan.
Process of making minor or non‑substantive amendments
(5)
For the purposes of paragraph 49(1)(b) of the Act, the process of making an amendment under subregulation (1) is as follows:
(a)
the Murray‑Darling Basin Ministerial Council certifies in writing that the amendment does not alter any of the things listed in subregulation (4);
(b)
the Authority makes the amendment.
Division 2.1AWater resource plans2.11Timeframe and process for giving proposed water resource plans to the Authority
Authority
(1)
This regulation is made for the purposes of paragraphs 63(9)(a) and (b) of the Act.
Date for giving proposed water resource plan to Authority
(2)
For a Basin State to give the Authority a proposed water resource plan under paragraph 63(1)(a) of the Act, the plan must be given to the Authority no later than 28 February 2019.
Extension of up to 2 months
(3)
The Minister may, by written notice, extend the period within which a Basin State may give a proposed water resource plan under paragraph 63(1)(a) of the Act by a specified period ending no later than 30 April 2019.
(4)
The Minister may only grant the extension on request by the Basin State made, in writing, no later than 28 February 2019. The Minister may grant the extension before, on or after that date.
Extension of up to 10 months
(5)
Subject to subregulations (6) and (7), the Minister may, by written notice, extend the period within which a Basin State may give a proposed water resource plan under paragraph 63(1)(a) of the Act by a specified period ending no later than 31 December 2019.
(6)
In considering whether to grant an extension under subregulation (5) for a particular period, the Minister must have regard to:
(a)
whether, in the Minister’s opinion, the plan is likely to be given to the Authority within that period; and
(b)
any other matters the Minister considers to be relevant to the water resource plan area to be covered by the plan.
(7)
The Minister may only grant an extension under subregulation (5) on request by the Basin State made, in writing, no later than:
(a)
if an extension has been granted to the Basin State under subregulation (3)—the end of the extended period under that subregulation; or
(b)
otherwise—28 February 2019.
The Minister may grant the extension before, on or after the date by which the request must be made.
Authority may request information about a proposed water resource plan
(8)
The Authority may, in writing, request information from a Basin State relating to a proposed water resource plan for the purpose of:
(a)
considering the plan under paragraph 63(3)(a) of the Act; or
(b)
preparing recommendations under paragraph 63(3)(b) of the Act on whether the plan should be accredited.
(9)
The Authority is not required to consider information given in response to a request under subregulation (8) unless the information is given:
(a)
in writing; and
(b)
within the period of 14 days beginning on the day the request is made.
(10)
The Authority may, in writing, extend or further extend the period referred to in paragraph (9)(b).
2.11AMinor or non‑substantive amendments of water resource plans
(1)
For the purposes of subsection 66(1) of the Act, a minor, or non‑substantive, amendment:
(a)
of a water resource plan accredited under section 63 of the Act; and
(b)
to which subregulations (2) and (4) apply;
is a kind of amendment to which section 66 of the Act applies.
(2)
This subregulation applies to an amendment that:
(a)
goes only to a matter of spelling, punctuation, grammar or syntax, or the use of conjunctives and disjunctives; or
(b)
updates a reference to:
(i)
any law, or a provision of any law; or
(ii)
a person, body or other entity, or an office, position, place, document or thing; or
(c)
changes the format of the water resource plan; or
(d)
numbers or renumbers a provision of the water resource plan; or
(e)
changes the order of definitions or other provisions of the water resource plan; or
(f)
affects the format, layout or printing style of maps that form part of the water resource plan, so long as the amendment does not change the depiction of the boundaries of:
(i)
the water resource plan area; or
(ii)
any SDL resource unit in the water resource plan area; or
(g)
corrects any of the following errors:
(i)
errors in numbering, cross‑referencing and alphabetical ordering;
(ii)
errors in references to any law, or provisions of any law;
(iii)
any other errors of a nature similar to those mentioned in subparagraphs (i) and (ii).
(3)
A reference in subregulation (2) to any law includes a reference to a law of the Commonwealth, a State or a Territory.
(4)
This subregulation applies to an amendment that does not:
(a)
alter the substance of the water resource plan; or
(b)
affect rights or obligations.
2.12Process for preparation of water resource plans by Authority
(1)
This regulation is made for the purposes of paragraph 68(6)(a) of the Act.
(2)
In preparing a water resource plan for a water resource plan area, the Authority must:
(a)
undertake consultations with each Basin State within which that area, or another water resource plan area adjacent to that area, is located; and
(b)
undertake any other consultations in relation to the plan the Authority considers necessary or appropriate; and
(c)
consider the results of the consultations undertaken under paragraphs (a) and (b).
(3)
In addition, the Authority must consider the results of consultations undertaken by a Basin State in respect of the water resource plan area if:
(a)
that area is:
(i)
located in the Basin State; or
(ii)
adjacent to another water resource plan area located in the Basin State; and
(b)
the Basin State has consulted persons or bodies in relation to a water resource plan, or amendments of such a plan, proposed or prepared by the Basin State for that area or the adjacent water resource plan area; and
(c)
the Basin State gives the results of the consultations to the Authority.
Division 2.2Basin States2.22Specified day – risk assignment framework applied: Queensland
For subparagraph 74A(1)(b)(ii) of the Act, the day specified for Queensland is 28 October 2011.
Part 4Water charge rules and water market rulesDivision 4.1ARegulated water charges4.01ARegulated water charges in section 91 of the Act – prescribed fees or charges
(1)
This regulation is made for the purposes of paragraph 91(1)(d) of the Act.
(2)
The following kinds of fees or charges, to the extent that they do not relate to an irrigation network or an urban water supply network, or are not bulk water charges, are prescribed:
(a)
a fee or charge payable to an infrastructure operator for access to the operator’s water service infrastructure (or services provided in relation to that access);
(b)
a fee or charge payable to an infrastructure operator for changing access to the operator’s water service infrastructure (or services provided in relation to that access), including a fee or charge payable to a bulk water supplier for changing access to a bulk water service;

(c)
a fee or charge payable to an infrastructure operator for terminating access to the operator’s water service infrastructure (or services provided in relation to that access), including a fee or charge payable to a bulk water supplier for terminating a bulk water service;
(d)
a fee or charge payable to an infrastructure operator for surrendering to the operator a right to the delivery of water through the operator’s water service infrastructure.
(3)
In this regulation:
bulk water supplier means a person who imposes a bulk water charge for a bulk water service.
urban water supply network means water service infrastructure that is operated primarily for delivering water for an urban water supply activity beyond the point at which the water has been removed from a Basin water resource.

Division 4.1Water charge rulesSubdivision 4.1.1Purpose of Division4.01Purpose of Division

This Division is made for the purposes of sections 93 and 256 of the Act.

Subdivision 4.1.2ACCC advice4.02Minister to request ACCC advice

In proposing to make, amend or revoke water charge rules under subsection 92(1) of the Act, the Minister:
(a)
must ask the ACCC for advice before proceeding with the proposal; and
(b)
may ask the ACCC to provide draft rules as part of its advice; and
(c)
must, by written notice, require the ACCC to provide its advice by a specified date; and
(d)
may, by written notice, extend the timeframe within which the ACCC is to provide its advice; and
(e)
must ask the ACCC to provide with its advice a schedule of any consultations that it undertook for the purpose of providing its advice, including any written submissions and any meetings and hearings; and
(f)
may ask the ACCC to provide the formal records of the consultations listed in the schedule; and
(g)
must have regard to any records of consultation provided by the ACCC, including records relating to consultation with the Basin States, infrastructure operators and the public; and
(h)
must ask the ACCC to identify which, if any, of the records of consultation it provided to the Minister the ACCC is not permitted to publish; and
(i)
may adopt the ACCC’s draft rules, with or without variation; and
(j)
may develop rules, amendments to rules or revocations of rules, having regard to the ACCC’s advice, if the Minister decides not to adopt the ACCC’s draft rules, or if the ACCC does not include draft rules as part of its advice.
Note 1: The Minister must ask the ACCC to provide advice about water charge rules (see subsection 93(1) of the Act).
Note 2: Several terms used in these regulations are defined in the Act, including Basin State,infrastructure operator and water charge rules.

Subdivision 4.1.3Consultation for amendments and revocations of a minor or technical nature4.03Consultation for amendments and revocations of a minor or technical nature

(1)
This regulation applies if the Minister determines, after receiving the ACCC’s advice, that the proposal to make, amend or revoke water charge rules relates to the making of rules, amendments or revocations that are of a minor or technical nature.
(2)
The Minister must, by written notice, invite the following to make written submissions about the proposal:
(a)
the relevant State Minister for each Basin State;
(b)
infrastructure operators within the Murray–Darling Basin;
(c)
the public.
Note: A notice under subregulation 4.03(2) may be combined with notices under subregulations 4.04(2) and (3) (see subregulation 4.04(5)).
(3)
The notice must:
(a)
include a copy of the proposed rules, amendment or revocation or the Internet address at which the proposed rules, amendment or revocation is published; and
(b)
specify a date, not less than 4 weeks from the date on which the notice is given, as a date by which any written submissions must be received by the Minister; and
(c)
include a statement that the Minister may disclose to the ACCC any written submissions that the Minister receives; and
(d)
include a statement that disclosure by the Minister to the ACCC will be on the basis that the ACCC must not disclose any written submissions given to it by the Minister, or any information in the submissions.
Note: In relation to paragraph (d), under subregulation 4.09(2), the Minister must require the ACCC not to publish a submission or information contained in a submission that the Minister has decided is confidential information under paragraph 4.10(1)(b).
(4)
An invitation under paragraph (2)(b) or (c) must be given by at least one notice published in each of the following media:
(a)
a nationally circulating newspaper;
(b)
for each Basin State, a newspaper with an agribusiness focus circulating in the Basin State;
(c)
the Internet.
Note: Several terms used in these regulations are defined in the Act, including Basin State, infrastructure operator, Murray–Darling Basin and relevant State Minister.

Subdivision 4.1.4Publication of rules4.04Publication of proposed water charge rules

(1)
This regulation applies if, after receiving the ACCC’s advice in respect of a proposal to make, amend or revoke water charge rules, the Minister intends to proceed with the proposal.
(2)
The Minister must publish on the Department’s Internet site a notice which includes the following:
(a)
a statement that the Minister proposes to make, amend or revoke (as the case may be), water charge rules under subsection 92(1) of the Act;
(b)
a copy of the proposed rules;
(c)
a summary of the proposed rules;
(d)
a copy of the advice provided by the ACCC.
(3)
The Minister must publish a notice which includes the following:
(a)
a statement that the Minister proposes to make, amend or revoke (as the case may be), water charge rules under subsection 92(1) of the Act;
(b)
a statement that a copy of the proposed rules, a summary of the proposed rules, and a copy of the ACCC’s advice is published at the Department’s Internet site;
(c)
the Internet address at which the proposed rules are published.
(4)
The notice required under subregulation (3) must be published in:
(a)
a nationally circulating newspaper; and
(b)
for each Basin State, in a newspaper with an agribusiness focus circulating in the Basin State.
(5)
The notices required under subregulations (2) and (3) may be combined with the following notices:
(a)
if subregulation 4.03(1) applies—a notice under subregulation 4.03(2);
(b)
if subregulation 4.06(1), (2) or (3) applies—a notice under the appropriate subregulation.
(6)
The Minister must give the notices required under this regulation:
(a)
if the Minister is required to undertake consultations under regulation 4.03—not less than 4 weeks before the proposed rules, amendments or revocations are made; or
(b)
if the Minister is required to undertake consultations under subregulations 4.06(1), (2) or (3)—not less than 8 weeks before the proposed rules are made, amended or revoked; or
(c)
if the Minister is not required to undertake those consultations because the ACCC has consulted as described in regulation 4.05—not less than 4 weeks before the proposed rules are made, amended or revoked.

Subdivision 4.1.5Consultations4.05Minister must consult unless ACCC consults

(1)
If regulation 4.03 does not apply, the Minister must, after receiving the ACCC’s advice, and before proceeding with the proposal to make, amend or revoke water charge rules, consult as required under regulation 4.06, unless:
(a)
the ACCC’s advice in relation to the proposal includes draft rules; and
(b)
the Minister proposes to adopt the draft rules, or draft rules that are, in Minister’s opinion, substantially the same as the draft rules; and
(c)
the ACCC provides records of consultation to the Minister, as required under paragraph 4.02(f); and
(d)
the Minister is satisfied that, in relation to the draft rules which the Minister intends to adopt, before the ACCC provided its advice, the ACCC invited the following to make written submissions to the ACCC:
(i)
the relevant State Minister for each Basin State;
(ii)
infrastructure operators within the Murray–Darling Basin;
(iii)
the public; and
(e)
the Minister is satisfied that invitations made to infrastructure operators within the Murray–Darling Basin, and the public, were made by at least one notice published in each of the following media:
(i)
a nationally circulating newspaper;
(ii)
for each Basin State, a newspaper with an agribusiness focus circulating in the Basin State;
(iii)
the Internet; and
(f)
the Minister is satisfied that the timeframes within which written submissions were to be provided to the ACCC have passed.
(2)
In forming a view under paragraph (1)(d), (e) or (f), the Minister must have regard to the formal records provided by the ACCC under paragraph 4.02(f).

4.06Consultation by the Minister

(1)
If:
(a)
regulation 4.03 does not apply; and
(b)
the Minister is not satisfied that the ACCC consulted with the relevant State Minister for each Basin State;
then the Minister must, by written notice, invite the relevant State Minister for each Basin State to make written submissions about the proposed rules.
(2)
If:
(a)
regulation 4.03 does not apply; and
(b)
the Minister is not satisfied that the ACCC consulted with infrastructure operators within the Murray–Darling Basin;
then the Minister must, by written notice, invite infrastructure operators within the Murray–Darling Basin to make written submissions about the proposed rules.
(3)
If:
(a)
regulation 4.03 does not apply; and
(b)
the Minister is not satisfied that the ACCC consulted with the public;
then the Minister must, by written notice, invite the public to make written submissions about the proposed rules.
Note: The notices required under subregulations (1), (2) and (3) may be combined with the notices required under regulation 4.04 (see subregulation 4.04(5)).
(4)
A notice given under subregulation (1), (2) or (3) must:
(a)
include a copy of the proposed rules or the Internet address at which the proposed rules are published; and
(b)
specify a date, not less than 8 weeks from the date on which the notice is given, as a date by which any written submissions must be received by the Minister; and
(c)
include a statement that the Minister may disclose to the ACCC any written submissions that the Minister receives, including any information contained in the submissions that the Minister has decided is confidential information under paragraph 4.10(1)(b); and
(d)
include a statement that disclosure by the Minister to the ACCC will be on the basis that the ACCC must not disclose a written submission given to it by the Minister, or any information in the submission, that the Minister has decided is confidential information under paragraph 4.10(1)(b); and
. (e) include a statement that the Minister may publish any information in the written submissions that the Minister receives, except information that the Minister has decided is confidential information under paragraph 4.10(1)(b); and
(f)
include a statement that a person who provides a written submission may request that the whole or part of the written submission be treated as confidential information.
Note: In relation to paragraph (d), under subregulation 4.09(2), the Minister must require the ACCC not to publish a submission or information contained in a submission that the Minister has decided is confidential information under paragraph 4.10(1)(b).
(5)
A notice under subregulation (2) or (3) must be given by at least one notice published in each of the following media:
(a)
a nationally circulating newspaper;
(b)
for each Basin State, a newspaper with an agribusiness focus circulating in the Basin State;
(c)
the Internet.

4.07Further consultation

Before proceeding with the proposal to make, amend or revoke water charge rules, the Minister may, in addition to the consultation requirements set out in this Division, undertake any further consultation.
Note: Part 3 of the Legislative Instruments Act 2003 deals generally with consultation requirements for legislative instruments.

4.08Further ACCC advice

(1)
If the Minister is considering departing from the ACCC’s advice given in respect of the proposal to make, amend or revoke water charge rules, including any draft rules, the Minister may:
(a)
inform the ACCC; and
(b)
provide to the ACCC, as set out in regulation 4.09, any records of consultation undertaken by the Minister; and
(c)
request further advice from the ACCC about the proposal or the ACCC’s advice.
(2)
If the Minister requests further advice from the ACCC, the Minister:
(a)
must specify a date by which the ACCC is to provide the further advice; and
(b)
may, by written notice, extend the timeframe within which the ACCC is to provide the further advice; and
(c)
must publish on the Department’s Internet site any further advice provided by the ACCC, before making, amending or revoking water charge rules.

Subdivision 4.1.6Disclosure of information4.09Minister may disclose to ACCC written submissions

(1)
The Minister may, at any time before or after making, amending or revoking water charge rules, disclose to the ACCC:
(a)
any written submissions about proposed water charge rules that the Minister receives; or
(b)
any information in the submissions, including information that the Minister has decided is confidential information under paragraph 4.10(1)(b).
(2)
The Minister must require the ACCC not to publish or disclose a written submission given to it by the Minister, or any information in the submission, that the Minister has decided is confidential information under paragraph 4.10(1)(b).
(3)
The Minister must require the ACCC not to publish or disclose a written submission given to it by the Minister, or any information in the submission, if the submission was given to the Minister in response to an invitation made under regulation 4.03.
(4)
The Minister may require the ACCC not to publish or disclose a submission or specified information contained in the submission.

4.10Minister may publish written submissions unless confidential

(1)
The Minister may, at any time before or after making, amending or revoking water charge rules, publish any information that is received by the Minister in a written submission about the proposed rules, unless:
(a)
the person who gave the information, claims, when giving the information to the Minister, that it contains confidential information; and
(b)
the Minister decides that the written submission contains confidential information.
(2)
If:
(a)
a written submission is given to the Minister under this Division; and
(b)
the person who gave the written submission to the Minister claimed that it contained confidential information; and
(c)
the Minister decides that the written submission does contain confidential information as claimed;
then the Minister may publish the written submission if the confidential information is omitted.
(3)
If, under subregulation (2), the Minister does omit information from a written submission, the Minister must, before publishing the written submission, cause a note to that effect to be included in the document at the place in the document from which the information is omitted.
(4)
This regulation does not apply to the provision of written submissions:
(a)
that are made in response to an invitation made by the Minister under regulation 4.03; and
(b)
by:
(i)
the Minister to the ACCC; or
(ii)
the ACCC to the Minister under paragraph 4.02(f).
Note 1: Regulation 4.09 deals with confidential information in submissions that the Minister discloses to the ACCC.
Note 2: Regulation 4.12 deals with confidential information in submissions that the ACCC discloses to the Minister.

4.11Minister disagrees with claim that information is confidential

(1)
If:
(a)
a person gives a written submission to the Minister under this Division, in relation to a proposal to make, amend or revoke water charge rules; and
(b)
the person claims that the submission contains confidential information; and
(c)
the Minister decides that the submission does not contain confidential information as claimed; and
(d)
the Minister wishes to publish the submission under regulation 4.10;
then the Minister must give the person written notice of the Minister’s decision within 6 weeks of receiving the submission.
(2)
The notice must include the following:
(a)
a statement that the person may withdraw the claim of confidentiality by giving the Minister written notice to that effect;
(b)
a statement that, if the person wishes to withdraw the claim, the person must do so within 21 days of receiving the Minister’s notice under subregulation (1);
(c)
a statement that, if the person decides not to withdraw the claim the following applies:
(i)
the Minister must return the information to which the claim relates to the person who provided it to the Minister;
(ii)
the Minister must not publish the information;
(iii)
the Minister must not have regard to the information when making, amending or revoking water charge rules.
(3)
If the person withdraws the claim, then the Minister may publish the entire submission.
(4)
If the person does not withdraw the claim within 21 days of receiving the Minister’s notice under subregulation (1), then the Minister:
(a)
must return the information to which the claim relates to the person; and
(b)
must not publish the information; and
(c)
must not have regard to the information when making, amending or revoking water charge rules.

4.12Minister may publish records provided by ACCC

The Minister may, at any time before or after making, amending or revoking water charge rules, publish:
(a)
a schedule provided to the Minister by the ACCC under paragraph 4.02(e); and
(b)
any records of consultation that the ACCC provides to the Minister under this Division unless, under paragraph 4.02(h), the ACCC identifies the records as being records that the ACCC itself is not permitted to publish.

Subdivision 4.1.7Failure to comply4.13Consequence of failure to comply with a requirement in this Division

A failure to comply with a requirement specified in this Division does not affect the validity or enforceability of the water charge rules.

Division 4.2Water market rulesSubdivision 4.2.1Purpose of Division4.14Purpose of Division

This Division is made for the purposes of sections 98 and 256 of the Act.

Subdivision 4.2.2ACCC advice4.15Minister to request ACCC advice

In proposing to make, amend or revoke water market rules under subsection 97(1) of the Act, the Minister:
(a)
must ask the ACCC for advice before proceeding with the proposal; and
(b)
may ask the ACCC to provide draft rules as part of its advice; and
(c)
must, by written notice, require the ACCC to provide its advice by a specified date; and
(d)
may, by written notice, extend the timeframe within which the ACCC is to provide its advice; and
(e)
must ask the ACCC to provide with its advice a schedule of any consultations that it undertook for the purpose of providing its advice, including any written submissions and any meetings and hearings; and
(f)
may ask the ACCC to provide the formal records of the consultations listed in the schedule; and
(g)
must have regard to any records of consultation provided by the ACCC, including records relating to consultation with the Basin States, irrigation infrastructure operators and the public; and
(h)
must ask the ACCC to identify which, if any, of the records of consultation it provided to the Minister the ACCC is not permitted to publish; and
(i)
may adopt the ACCC’s draft rules, with or without variation; and
(j)
may develop rules, amendments to rules or revocations of rules, having regard to the ACCC’s advice, if the Minister decides not to adopt the ACCC’s draft rules, or if the ACCC does not include draft rules as part of its advice.
Note 1: The Minister must ask the ACCC to provide advice about water market rules (see subsection 98(1) of the Act).
Note 2: Several terms used in these regulations are defined in the Act, including Basin State, infrastructure operator and water market rules.

Subdivision 4.2.3Consultation for amendments and revocations of a minor or technical nature4.16Consultation for amendments and revocations of a minor or technical nature

(1)
This regulation applies if the Minister determines, after receiving the ACCC’s advice, that the proposal to make, amend or revoke water market rules relates to the making of rules, amendments or revocations that are of a minor or technical nature.

(2)
The Minister must, by written notice, invite the following to make written submissions about the proposal:
(a)
the relevant State Minister for each Basin State;
(b)
irrigation infrastructure operators within the Murray‑Darling Basin;
(c)
the public.
Note: A notice under subregulation 4.16(2) may be combined with notices under subregulations 4.17(2) and (3) (see subregulation 4.17(5)).
(3)
The notice must:
(a)
include a copy of the proposed rules, amendment or revocation or the Internet address at which the proposed rules, amendment or revocation is published; and
(b)
specify a date, not less than 4 weeks from the date on which the notice is given, as a date by which any written submissions must be received by the Minister; and
(c)
include a statement that the Minister may disclose to the ACCC any written submissions that the Minister receives; and
(d)
include a statement that disclosure by the Minister to the ACCC will be on the basis that the ACCC must not disclose any written submissions given to it by the Minister, or any information in the submissions.
Note: In relation to paragraph (d), under subregulation 4.22(2), the Minister must require the ACCC not to publish a submission or information contained in a submission that the Minister has decided is confidential information under paragraph 4.23(1)(b).
(4)
An invitation under paragraph (2)(b) or (c) must be given by at least one notice published in each of the following media:
(a)
a nationally circulating newspaper;
(b)
for each Basin State, a newspaper with an agribusiness focus circulating in the Basin State;
(c)
the Internet.
Note: Several terms used in these regulations are defined in the Act, including Basin State, irrigation infrastructure operator, Murray–Darling Basin and relevant State Minister.

Subdivision 4.2.4Publication of rules4.17Publication of proposed water market rules

(1)
This regulation applies if, after receiving the ACCC’s advice in respect of a proposal to make, amend or revoke water market rules, the Minister intends to proceed with the proposal.
(2)
The Minister must publish on the Department’s Internet site a notice which includes the following:
(a)
a statement that the Minister proposes to make, amend or revoke (as the case may be), water market rules under subsection 97(1) of the Act;
(b)
a copy of the proposed rules;
(c)
a summary of the proposed rules;
(d)
a copy of the advice provided by the ACCC.
(3)
The Minister must publish a notice which includes the following:
(a)
a statement that the Minister proposes to make, amend or revoke (as the case may be), water market rules under subsection 97(1) of the Act;
(b)
a statement that a copy of the proposed rules, a summary of the proposed rules, and a copy of the ACCC’s advice is published at the Department’s Internet site;
(c)
the Internet address at which the proposed rules are published.
(4)
The notice required under subregulation (3) must be published in:
(a)
a nationally circulating newspaper; and
(b)
for each Basin State, in a newspaper with an agribusiness focus circulating in the Basin State.
(5)
The notices required under subregulations (2) and (3) may be combined with the following notices:
(a)
if subregulation 4.16(1) applies—a notice under subregulation 4.16(2);
(b)
if subregulation 4.19(1), (2) or (3) applies—a notice under the appropriate subregulation.
(6)
The Minister must give the notices required under this regulation:
(a)
if the Minister is required to undertake consultations under regulation 4.16—not less than 4 weeks before the proposed rules, amendments or revocations are made; or
(b)
if the Minister is required to undertake consultations under subregulations 4.19(1), (2) or (3)—not less than 8 weeks before the proposed rules are made, amended or revoked; or
(c)
if the Minister is not required to undertake those consultations because the ACCC has consulted as described in regulation 4.18—not less than 4 weeks before the proposed rules are made, amended or revoked.

Subdivision 4.2.5Consultations4.18Minister must consult unless ACCC consults

(1)
If regulation 4.16 does not apply, the Minister must, after receiving the ACCC’s advice, and before proceeding with the proposal to make, amend or revoke water market rules, consult as required under regulation 4.19, unless:
(a)
the ACCC’s advice in relation to the proposal includes draft rules; and
(b)
the Minister proposes to adopt the draft rules, or draft rules that are, in Minister’s opinion, substantially the same as the draft rules; and
(c)
the ACCC provides records of consultation to the Minister, as required under paragraph 4.15(f); and
(d)
the Minister is satisfied that, in relation to the draft rules which the Minister intends to adopt, before the ACCC provided its advice, the ACCC invited the following to make written submissions to the ACCC:
(i)
the relevant State Minister for each Basin State;
(ii)
irrigation infrastructure operators within the Murray–Darling Basin;
(iii)
the public; and
(e)
the Minister is satisfied that invitations made to irrigation infrastructure operators within the Murray–Darling Basin, and the public, were made by at least one notice published in each of the following media:
(i)
a nationally circulating newspaper;
(ii)
for each Basin State, a newspaper with an agribusiness focus circulating in the Basin State;
(iii)
the Internet; and
(f)
the Minister is satisfied that the timeframes within which written submissions were to be provided to the ACCC have passed.
(2)
In forming a view under paragraph (1)(d), (e) or (f), the Minister must have regard to the formal records provided by the ACCC under paragraph 4.15(f).

4.19Consultation by the Minister

(1)
If:
(a)
regulation 4.16 does not apply; and
(b)
the Minister is not satisfied that the ACCC consulted with the relevant State Minister for each Basin State;
then the Minister must, by written notice, invite the relevant State Minister for each Basin State to make written submissions about the proposed rules.
(2)
If:
(a)
regulation 4.16 does not apply; and
(b)
the Minister is not satisfied that the ACCC consulted with irrigation infrastructure operators within the Murray‑Darling Basin;
then the Minister must, by written notice, invite irrigation infrastructure operators within the Murray–Darling Basin to make written submissions about the proposed rules.
(3)
If:
(a)
regulation 4.16 does not apply; and
(b)
the Minister is not satisfied that the ACCC consulted with the public;
then the Minister must, by written notice, invite the public to make written submissions about the proposed rules.
Note: The notices required under subregulations (1), (2) and (3) may be combined with the notices required under regulation 4.17 (see subregulation 4.17(5)).
(4)
A notice given under subregulation (1), (2) or (3) must:
(a)
include a copy of the proposed rules or the Internet address at which the proposed rules are published; and
(b)
specify a date, not less than 8 weeks from the date on which the notice is given, as a date by which any written submissions must be received by the Minister; and
(c)
include a statement that the Minister may disclose to the ACCC any written submissions that the Minister receives, including any information contained in the submissions that the Minister has decided is confidential information under paragraph 4.23(1)(b); and
(d)
include a statement that disclosure by the Minister to the ACCC will be on the basis that the ACCC must not disclose a written submission given to it by the Minister, or any information in the submission, that the Minister has decided is confidential information under paragraph 4.23(1)(b); and
. (e) include a statement that the Minister may publish any information in the written submissions that the Minister receives, except information that the Minister has decided is confidential information under paragraph 4.23(1)(b); and
(f)
include a statement that a person who provides a written submission may request that the whole or part of the written submission be treated as confidential information.
Note: In relation to paragraph (d), under subregulation 4.22(2), the Minister must require the ACCC not to publish a submission or information contained in a submission that the Minister has decided is confidential information under paragraph 4.23(1)(b).
(5)
An invitation under subregulation (2) or (3) must be given by at least one notice published in each of the following media:
(a)
a nationally circulating newspaper;
(b)
for each Basin State, a newspaper with an agribusiness focus circulating in the Basin State;
(c)
the Internet.

4.20Further consultation

Before proceeding with the proposal to make, amend or revoke water market rules, the Minister may, in addition to the consultation requirements set out in this Division, undertake any further consultation.
Note: Part 3 of the Legislative Instruments Act 2003 deals generally with consultation requirements for legislative instruments.

4.21Further ACCC advice

(1)
If the Minister is considering departing from the ACCC’s advice given in respect of the proposal to make, amend or revoke water market rules, including any draft rules, the Minister may:
(a)
inform the ACCC; and
(b)
provide to the ACCC, as set out in regulation 4.22, any records of consultation undertaken by the Minister; and
(c)
request further advice from the ACCC about the proposal or the ACCC’s advice.
(2)
If the Minister requests further advice from the ACCC, the Minister:
(a)
must specify a date by which the ACCC is to provide the further advice; and
(b)
may, by written notice, extend the timeframe within which the ACCC is to provide the further advice; and
(c)
must publish on the Department’s Internet site any further advice provided by the ACCC, before making, amending or revoking water market rules.

Subdivision 4.2.6Disclosure of information4.22Minister may disclose to ACCC written submissions

(1)
The Minister may, at any time before or after making, amending or revoking water market rules, disclose to the ACCC:
(a)
any written submissions about proposed water market rules that the Minister receives; or
(b)
any information in the submissions, including information that the Minister has decided is confidential information under paragraph 4.23(1)(b).
(2)
The Minister must require the ACCC not to publish or disclose a written submission given to it by the Minister, or any information in the submission, that the Minister has decided is confidential information under paragraph 4.23(1)(b).
(3)
The Minister must require the ACCC not to publish or disclose a written submission given to it by the Minister, or any information in the submission, if the submission was given to the Minister in response to an invitation made under regulation 4.16.
(4)
The Minister may require the ACCC not to publish or disclose a submission or specified information contained in the submission.

4.23Minister may publish written submissions unless confidential

(1)
The Minister may, at any time before or after making, amending or revoking water market rules, publish any information that is received by the Minister in a written submission about the proposed rules, unless:
(a)
the person who gave the information, claims, when giving the information to the Minister, that it contains confidential information; and
(b)
the Minister decides that the written submission contains confidential information.
(2)
If:
(a)
a written submission is given to the Minister under this Division; and
(b)
the person who gave the written submission to the Minister claimed that it contained confidential information; and
(c)
the Minister decides that the written submission does contain confidential information as claimed;
then the Minister may publish the written submission if the confidential information is omitted.
(3)
If, under subregulation (2), the Minister does omit information from a written submission, the Minister must, before publishing the written submission, cause a note to that effect to be included in the document at the place in the document from which the information is omitted.
(4)
This regulation does not apply to the provision of written submissions:
(a)
that are made in response to an invitation made by the Minister under regulation 4.16; and
(b)
by:
(i)
the Minister to the ACCC; or
(ii)
the ACCC to the Minister under paragraph 4.15(f).
Note 1: Regulation 4.22 deals with confidential information in submissions that the Minister discloses to the ACCC.
Note 2: Regulation 4.25 deals with confidential information in submissions that the ACCC discloses to the Minister.

4.24Minister disagrees with claim that information is confidential

(1)
If:
(a)
a person gives a written submission to the Minister under this Division, in relation to a proposal to make, amend or revoke water market rules; and
(b)
the person claims that the submission contains confidential information; and
(c)
the Minister decides that the submission does not contain confidential information as claimed; and
(d)
the Minister wishes to publish the submission under regulation 4.23;
then the Minister must give the person written notice of the Minister’s decision within 6 weeks of receiving the submission.
(2)
The notice must include the following:
(a)
a statement that the person may withdraw the claim of confidentiality by giving the Minister written notice to that effect;
(b)
a statement that, if the person wishes to withdraw the claim, the person must do so within 21 days of receiving the Minister’s notice under subregulation (1);
(c)
a statement that, if the person decides not to withdraw the claim the following applies:
(i)
the Minister must return the information to which the claim relates to the person who provided it to the Minister;
(ii)
the Minister must not publish the information;
(iii)
the Minister must not have regard to the information when making, amending or revoking water market rules.
(3)
If the person withdraws the claim, then the Minister may publish the entire submission.
(4)
If the person does not withdraw the claim within 21 days of receiving the Minister’s notice under subregulation (1), then the Minister:
(a)
must return the information to which the claim relates to the person; and
(b)
must not publish the information; and
(c)
must not have regard to the information when making, amending or revoking water market rules.

4.25Minister may publish records provided by ACCC

The Minister may, at any time before or after making, amending or revoking water market rules, publish:
(a)
a schedule provided to the Minister by the ACCC under paragraph 4.15(e); and
(b)
any records of consultation that the ACCC provides to the Minister under this Division unless, under paragraph 4.15(h), the ACCC identifies the records as being records that the ACCC itself is not permitted to publish.

Subdivision 4.2.7Failure to comply4.26Consequence of failure to comply with a requirement in this Division

A failure to comply with a requirement specified in this Division does not affect the validity or enforceability of the water market rules.

Part 5Water Markets Intermediaries Code and trust accounting frameworkDivision 1Water Markets Intermediaries CodeSubdivision APreliminary5.01Purpose of this Division

(1)
For the purposes of subsection 100G(1) of the Act, this Division prescribes the Water Markets Intermediaries Code.
(2)
For the purposes of subsections 100R(3) and 100V(2) and (3) of the Act, this Division also prescribes matters relating to the statutory trust accounting framework for eligible water markets intermediaries established by Division 5 of Part 5 of the Act.

Subdivision BRegulation of the conduct of eligible water markets intermediaries towards participants and potential participants in the water market5.02Application of this Subdivision

(1)
Subject to this regulation, this Subdivision applies in relation to an eligible water markets intermediary that provides, or proposes to provide, a water markets intermediary service to a participant or potential participant in the water market.
(2)
Despite subregulation (1), this Subdivision does not apply in relation to a water markets intermediary service provided by a water market authority to approve, allow or register the trade or transfer of an eligible tradeable water right in exchange for a commission or fee.
(3)
Despite subregulation (1), this Subdivision does not apply in relation to a water markets intermediary service provided by an irrigation infrastructure operator for the purpose of processing, on behalf of a member of the operator, the trade or transfer of an eligible tradeable water right between the member and a person who is not a member of the operator, in exchange for a commission or fee.
(4)
Despite subregulation (1), this Subdivision applies in relation to a water markets intermediary service that involves the provision of a trading platform mentioned in paragraph (d) of the definition of eligible water markets intermediary in subsection 4(1) of the Act only if:
(a)
the trading platform is an online‑enabled application, website or system; and
(b)
the operator of the platform enables representations to be made on the platform that eligible tradeable water rights are available for trade or transfer; and
(c)
the operator facilitates the trade or transfer of those rights in exchange for a commission or fee by doing one or more of the following:
(i)
communicating the acceptance of offers or counter‑offers;
(ii)
preparing contracts or other agreements;
(iii)
arranging documents necessary for the trade or transfer;
(iv)
submitting applications to water market authorities to approve, allow or register the trade or transfer.
(5)
To avoid doubt, this Subdivision does not apply in relation to a water markets intermediary service provided in respect of eligible tradeable water rights that automatically transfer with land.

5.03General obligations

Requirements in relation to client interests and instructions
(1)
An eligible water markets intermediary contravenes this subregulation if the intermediary:
(a)
provides a water markets intermediary service to a person (the client); and
(b)
fails to comply with a requirement in subregulation (2), (3) or (4).
Civil penalty: 400 penalty units.
(2)
In the course of providing the service, the intermediary must place the interests of the client before the interests of:
(a)
the intermediary; or
(b)
a related party of the intermediary.
(3)
In the course of providing the service, the intermediary must represent the interests of the client diligently and with due care and skill.
(4)
In the course of providing the service, the intermediary must act in accordance with the lawful instructions provided by the client.
Requirements in relation to confidential information
(5)
An eligible water markets intermediary contravenes this subregulation if the intermediary:
(a)
provides a water markets intermediary service to a person (a client) or is engaged or instructed by a person (a proposed client) to provide a water markets intermediary service; and
(b)
fails to comply with a requirement in subregulation (6).
Civil penalty: 400 penalty units.
(6)
The intermediary must not use or disclose any confidential information obtained from the client or proposed client, or otherwise obtained in the course of its dealings with the client or proposed client in respect of the service, unless the use or disclosure of the information:
(a)
is authorised by the client or proposed client; or
(b)
if the intermediary reasonably believes that the information is relevant to a possible contravention of a provision of the Act or a legislative instrument made under the Act—is for the purpose of providing the information to an enforcement agency whose functions include the enforcement of the provision; or
(c)
is otherwise required or authorised by law.
General requirements subject to contrary requirements in this Code
(7)
A requirement in this regulation is subject to any contrary requirement in this Code.

5.04Intermediary must deal in good faith

(1)
An eligible water markets intermediary contravenes this subregulation if the intermediary:
(a)
provides a water markets intermediary service to a person (a client) or is engaged or instructed by a person (a proposed client) to provide a water markets intermediary service; and

(b)
fails to deal with the client or proposed client in good faith, within the meaning of the unwritten law from time to time.
Civil penalty: 400 penalty units.
(2)
Without limiting the matters to which a court may have regard for the purpose of determining whether the intermediary deals with the client or proposed client in good faith, a court may have regard to the following matters:
(a)
the extent to which the intermediary has acted honestly;
(b)
the extent to which the intermediary has not acted arbitrarily, capriciously, unreasonably, recklessly or with ulterior motives;
(c)
the nature of the intermediary’s relationship with the client or proposed client (including the extent to which the intermediary has conducted the relationship without duress);
(d)
any other relevant matter.

5.05How intermediary must deal with interests that conflict with the interests of clients

(1)
An eligible water markets intermediary contravenes this subregulation if:
(a)
the intermediary provides a water markets intermediary service to a person (a client) or is engaged or instructed by a person (a proposed client) to provide a water markets intermediary service; and
(b)
the intermediary, or a related party of the intermediary:
(i)
has an interest that conflicts with the interest of the client or proposed client in relation to the provision of the service; or
(ii)
will have such an interest as a consequence of the provision of the service; and
(c)
the intermediary fails to disclose the conflicting interest to the client or proposed client in accordance with the requirements in subregulation (3).
Civil penalty: 400 penalty units.
(2)
Without limiting paragraph (1)(b), the intermediary or related party has an interest that conflicts with an interest of the client or proposed client if the intermediary or related party receives, or expects to receive, a commission, fee or other benefit from a person other than the client or proposed client in relation to the provision of the service.
Disclosure requirement
(3)
For paragraph (1)(c), the disclosure of the conflict of interest must:
(a)
be in writing; and
(b)
specify the interest and the circumstances that give rise to the conflict; and
(c)
be made:
(i)
if the conflicting interest exists before the intermediary begins to provide the service—before the service is provided; or
(ii)
otherwise—as soon as practicable after the intermediary first becomes aware of the conflicting interest; and
(d)
request the client or proposed client to confirm, in writing, that the disclosure has been received.
Exceptions
(4)
Paragraph (1)(c) does not apply in relation to a conflicting interest that a related party has, or will have, in the provision of the service if the intermediary does not know, or cannot be reasonably expected to know, that the related party has, or will have, the conflicting interest.

5.06How intermediary must deal with material personal interests in eligible tradeable water rights

(1)
An eligible water markets intermediary contravenes this subregulation if:
(a)
the intermediary provides a water markets intermediary service to a person (a client) or is engaged or instructed by a person (a proposed client) to provide a water markets intermediary service; and
(b)
the intermediary, or a related party of the intermediary:
(i)
has a material personal interest in the eligible tradeable water right (the relevant eligible tradeable water right) in respect of which the service is, or is proposed to be, provided; or
(ii)
will have such an interest as a consequence of the provision of the service; and
(c)
the intermediary fails to comply with a requirement in:
(i)
if the intermediary is an irrigation infrastructure operator—subregulation (2); or
(ii)
otherwise—subregulation (3) or (5) (as applicable).
Civil penalty: 400 penalty units.
Requirements for irrigation infrastructure operators
(2)
The intermediary:
(a)
must not improperly use its status, power or authority to gain, or to seek to gain, an advantage for itself or for a related party in respect of the provision of the service; and
(b)
must ensure that the related party does not improperly use its status, power or authority to gain, or to seek to gain, an advantage for itself or for the intermediary in respect of the provision of the service.
Requirements for intermediaries that are not irrigation infrastructure operators
(3)
Unless the circumstances in paragraph (4)(a) or (b) apply, the intermediary:
(a)
must not provide the service; and
(b)
must notify the client or proposed client, in writing, that the obligations imposed on the intermediary by this Code in respect of the provision of water markets intermediary services prohibit the provision of the service; and
(c)
must make the notification as soon as practicable after the intermediary is engaged or instructed by the proposed client to provide the service or, if the intermediary is not aware of the interest at that time, after the intermediary first becomes aware of the interest (which may be after the intermediary begins to provide the service).
(4)
For subregulation (3), the circumstances are:
(a)
that both of the following apply:
(i)
the client or proposed client is a related party of the intermediary;
(ii)
the intermediary is not providing, or proposing to provide, water markets intermediary services in relation to the relevant eligible tradeable water right to any person other than the client or proposed client; or
(b)
that all of the following apply:
(i)
the service involves the live‑matched trade or transfer of the relevant eligible tradeable water right;
(ii)
the client or proposed client is a related party of the intermediary;
(iii)
a related party of the intermediary has, or will have, a material personal interest in the relevant eligible tradeable water right;
(iv)
the intermediary does not, or will not, have a material personal interest in the relevant eligible tradeable water right.
(5)
If the circumstances mentioned in paragraph (4)(b) apply, the intermediary must ensure that the related party that has, or will have, a material personal interest in the relevant eligible tradeable water right does not improperly use its status, power or authority to gain, or to seek to gain, an advantage for itself or for the intermediary in respect of the provision of the service.
Exceptions
(6)
Paragraph (1)(b) does not apply in relation to a material personal interest that a related party has, or will have, in the relevant eligible tradeable water right if the intermediary does not know, or cannot be reasonably expected to know, that the related party has, or will have, the material personal interest in the relevant eligible tradeable water right.
(7)
Paragraph (2)(b) and subregulation (5) do not apply if the intermediary does not know, and cannot be reasonably expected to know, that the related party is improperly using its status, power or authority to gain, or to seek to gain, an advantage for itself or for the intermediary in respect of the provision of the service.

5.07Intermediary must provide general information about services and obligations

(1)
An eligible water markets intermediary contravenes this subregulation if:
(a)
the intermediary provides a water markets intermediary service to a person (a client); and
(b)
within a reasonable period before providing the service, the intermediary does not provide to the client, in writing, the information specified in subregulation (2).
Civil penalty: 200 penalty units.
(2)
For paragraph (1)(b), the information is the following:
(a)
the water markets intermediary services that the intermediary provides;
(b)
the commission or fees generally charged by the intermediary to provide those services;
(c)
the obligations the intermediary owes to the client under:
(i)
Part 5 of the Act (including under this Code); and
(ii)
the Australian Consumer Law (within the meaning of the Competition and Consumer Act 2010);
(d)
copies of, or references to, the particular provisions of the Act, this instrument and the Australian Consumer Law that imposes the obligations mentioned in paragraph (c);
(e)
if the intermediary provides a service that includes the transfer of a water allocation through an intervalley trade opening—the method the intermediary will use to successfully transfer the water allocation between clients (for example, in chronological order or on a pro rata basis);
(f)
if the intermediary provides a service that requires eligible tradeable water rights to be held in a broking water account—how the intermediary will deal witheligible tradeable water rightsthat are not able to be transferred to a person who is lawfully entitled to receive them;
(g)
if, within the previous 3 years, an enforcement action mentioned in subregulation (3) has occurred:
(i)
what the enforcement action is; and
(ii)
any outcomes achieved in respect of the enforcement action;
(h)
a copy of the documented complaints‑handling process the intermediary is required to have under subregulation 5.09(3).
(3)
For paragraph (2)(g), the enforcement actions are the following:
(a)
the ACCC has issued a public warning notice under Division 6 of Part 5 of the Act about the conduct of the intermediary;
(b)
an undertaking given by the intermediary in relation to a contravention of this Code, or Division 4 or 5 of Part 5 of the Act, has been accepted under section 163 of the Act;
(c)
a court has found that the intermediary has contravened a provision of this Code, or of Division 4 or 5 of Part 5 of the Act.
(4)
Subregulation (1) does not apply if the intermediary has provided the same information in writing to the client within the previous 12 months.

5.08Intermediary must provide additional information about particular services

(1)
An eligible water markets intermediary contravenes this subregulation if the intermediary:
(a)
provides a water markets intermediary service to a person (the client) in exchange for a commission or fee; and
(b)
has not provided to the client, in writing, the information specified in subregulation (2) in accordance with subregulation (4).
Civil penalty: 200 penalty units.
(2)
For paragraph (1)(b), the information is the following:
(a)
the kind of water markets intermediary service to be provided;
(b)
the terms and conditions on which the service is to be provided;
(c)
if the commission or fees to be charged by the intermediary to provide the service are different from the commission or fees generally charged by the intermediary—the commission or fees to be charged;
(d)
if the service is to investigate the trading possibilities for eligible tradeable water rights:
(i)
the eligible tradeable water rights in respect of which the service is to be provided; and
(ii)
whether the service is in respect of offers to buy or sell eligible tradeable water rights; and
(iii)
the volume, in megalitres, of the eligible tradeable water rights to be traded and whether that volume may be split; and
(iv)
the price per megalitre, or the range of the price, of each such volume; and
(v)
details of when or how the client’s instructions to provide the service expire or are rescinded; and
(vi)
details of any other conditions applying to the service, including whether the provision of the service is exclusive or non‑exclusive;
(e)
for a service other than a service mentioned in paragraph (d)—whether and, if so, why the client’s eligible tradeable water rights are required to be held in a broking water account maintained by the intermediary;
(f)
if the intermediary has submitted an application to a water market authority to approve, allow or register the trade or transfer of an eligible tradeable water right:
(i)
the outcome of the application; and
(ii)
if the water market authority rejects, or delays the consideration of, the application—the reason for the rejection or delay.
(3)
Paragraph (2)(d) does not apply to information that has been provided by the client, in writing, to the intermediary.
(4)
The intermediary must provide the information to the client:
(a)
for information mentioned in paragraphs (2)(a) to (e):
(i)
before the intermediary begins to provide the service to the client; or
(ii)
if the information changes, or first becomes known to the intermediary, after that time—as soon as practicable after the intermediary becomes aware of the new or changed information; and
(b)
for information mentioned in paragraph (2)(f)—no later than 2 business days after the intermediary becomes aware of the outcome of the application, or of the rejection or delay of the consideration of the application.

5.09Intermediary must deal with complaints

(1)
An eligible water markets intermediary contravenes this subregulation if the intermediary:
(a)
provides a water markets intermediary service to a person (a client) or is engaged or instructed by a person (a proposed client) to provide a water markets intermediary service; and
(b)
receives a complaint from the client or proposed client in the course of its dealings with the client or proposed client in respect of the service; and
(c)
fails to comply with a requirement in subregulation (2) or (3).
Civil penalty: 100 penalty units.
(2)
The intermediary must:
(a)
act in good faith in dealing with the complaint; and
(b)
make a genuine attempt to resolve the complaint within 20 businessdays; and
(c)
if the complaint is not received in writing—make a written record of the complaint; and
(d)
within 2 business days of receiving the complaint, give to the client or proposed client:
(i)
written confirmation that the complaint has been received; and
(ii)
a copy of the record of the complaint made under paragraph (c) (if applicable); and
(iii)
information about the process the intermediary will follow in dealing with the complaint; and
(e)
within 10 business days of receiving the complaint, give to the client or proposed client a written response to the complaint that specifies the actions the intermediary proposes to take in seeking to resolve the complaint; and
(f)
within 5 business days of completing the process for dealing with the complaint, give to the client or proposed client written notice of the outcome of that process.
(3)
The intermediary must have a documentedprocess for dealing with complaints that enables the intermediary to meet the requirements of subregulation (2).

5.10Intermediary must have authority to trade or transfer eligible tradeable water rights

(1)
An eligible water markets intermediary (other than an irrigation infrastructure operator) contravenes this subregulation if the intermediary:
(a)
makes an application to a water market authority to approve, allow or register the trade or transfer of an eligible tradeable water right in the course of providing water markets intermediary services; and
(b)
does not hold a written authority to make the application:
(i)
from each person (an authorising person) who holds a legal or equitable interest in the eligible tradeable water right proposed by the application to be traded or transferred; and
(ii)
that meets the requirements in subregulation (2).
Civil penalty: 400 penalty units.
(2)
For subparagraph (1)(b)(ii), a written authority from an authorising person must:
(a)
include the following:
(i)
the name of the authorising person;
(ii)
the name of the eligible water markets intermediary who is authorised by the authorising person in respect of the application;
(iii)
the licence or account number of the water account (however described) in which the eligible tradeable water right is held;
(iv)
the period in respect of which the written authority is valid (if applicable), which must not be longer than 3 years;
(v)
the number of trades or transfers in respect of which the written authority is valid (if applicable);
(vi)
if the authorising person is a corporation—an extract from a register maintained by the Australian Securities and Investment Commission or the Office of the Registrar of Indigenous Corporations (as applicable), for the corporation, that is less than 12 months old; and
(b)
state how the authorising person can rescind the authority; and
(c)
be signed by:
(i)
the authorising person; or
(ii)
a person (other than an eligible water markets intermediary) who is authorised by the authorising person, by a document that is registered with a water market authority, to sign the written authority; and
(d)
if the authority is signed by a person mentioned in subparagraph (c)(ii), be accompanied by the document mentioned in that subparagraph.

5.11Intermediary must have authority to act as an agent

(1)
An eligible water markets intermediary contravenes this subregulation if the intermediary:
(a)
acts as an agent on behalf of a person (the client) in the course of providing water markets intermediary services to the client; and
(b)
does not hold a written authority from the client:
(i)
to act as an agent of the client; and
(ii)
that meets the requirements in subregulation (2).
Civil penalty: 400 penalty units.
(2)
For subparagraph (1)(b)(ii), a written authority from a client must:
(a)
include the following:
(i)
the name of the intermediary who is to act as the agent of the client;
(ii)
the period of time for which the authority is valid;
(iii)
if the client is a corporation—an extract from a register maintained by the Australian Securities and Investment Commission or the Office of the Registrar of Indigenous Corporations (as applicable), for the corporation, that is less than 12 months old;
(iv)
the terms of the arrangement to act as an agent, including the overall trading objective and the eligible tradeable water rights to be made available to achieve that objective;
(v)
if the agent is to make applications on behalf of the client to water market authorities to approve, allow or register the trade or transfer of eligible tradeable water rights—explicit authority for the agent to make such applications; and
(b)
state how the client can rescind the authority; and
(c)
be signed by the client.

5.12Intermediary must maintain broking water accounts

(1)
An eligible water markets intermediary (other than an irrigation infrastructure operator) contravenes this subregulation if the intermediary:
(a)
receives and holds eligible tradeable water rights on behalf of a person (the client) in the course of providing water markets intermediary services to the client; and
(b)
does not maintain one or more broking water accounts for the purpose of holding eligible tradeable water rights on behalf of the client, or deal with such accounts, in accordance with the requirements in this regulation.
Civil penalty: 400 penalty units.
(2)
As soon as practicable after receiving eligible tradeable water rights on behalf of the client, the intermediary must transfer the water rights into a broking water account (the broking water account) maintained by the intermediary for the purpose of holding the eligible tradeable water rights.
(3)
The broking water account must be maintained with:
(a)
an agency of a State; or
(b)
an irrigation infrastructure operator.
(4)
Within 3 months of the first day on which the obligation for the intermediary to maintain the broking water account arises, the intermediary must notify the ACCC, in writing, that the intermediary is maintaining the broking water account.
(5)
Subject to subregulation (6), the intermediary must not:
(a)
transfer eligible tradeable water rights into the broking water account unless the water rights are received from, or held on behalf of, the client; or
(b)
transfer eligible tradeable water rights out of the broking water account unless the rights are being transferred:
(i)
to a person who is lawfully entitled to receive them; and
(ii)
to the nearest possible amount able to be transferred; or
(c)
if the eligible tradeable water rights are not able to be transferred to a person who is lawfully entitled to receive them—transfer the rights out of the broking water account unless the transfer is in accordance with the information provided to the client under paragraph 5.07(2)(f).
(6)
The intermediary may transfer eligible tradeable water rights from one broking water account maintained by the intermediary to another broking water account maintained by the intermediary.

5.13Intermediary must prepare statements about broking water accounts

(1)
An eligible water markets intermediary contravenes this subregulation if the intermediary:

Bulk Entitlement (Goulburn System—South East Water) Order 2012 (Victoria)	Northern Victoria	2 July 2017	30 June 2019	2 July 2012
2F	Bulk Entitlement (Goulburn System—Yarra Valley Water) Order 2012 (Victoria)	Northern Victoria	2 July 2017	30 June 2019	2 July 2012
3	Bulk Entitlement (Omeo) Conversion Order 2008 (Vic.)	Victorian Murray	31 December 2014	30 June 2019	12 June 2008
3A	Bulk Entitlement (River Murray—City West Water) Order 2012 (Victoria)	Northern Victoria and Victorian Murray	2 July 2017	30 June 2019	2 July 2012
3B	Bulk Entitlement (River Murray—South East Water) Order 2012 (Victoria)	Northern Victoria and Victorian Murray	2 July 2017	30 June 2019	2 July 2012
3C	Bulk Entitlement (River Murray—Yarra Valley Water) Order 2012 (Victoria)	Northern Victoria and Victorian Murray	2 July 2017	30 June 2019	2 July 2012
3D	Bulk Entitlement (Strathbogie) Conversion Order 2012 (Victoria)	Northern Victoria	3 May 2017	30 June 2019	3 May 2012
3E	Bulk Entitlement (Trentham) Conversion Order 2012 (Victoria)	Northern Victoria	5 April 2017	30 June 2019	5 April 2012
3F	Bulk Entitlement (Willaura Elmhurst and Buangor Systems—GWM Water) Conversion Order 2012 (Victoria)	Wimmera‑ Mallee (surface water)	3 May 2017	30 June 2018	3 May 2012
3G	Bulk Entitlement (Willaura system—Wannon Water) Conversion Order 2012 (Victoria)	Wimmera‑ Mallee (surface water)	3 May 2017	30 June 2018	3 May 2012
4	Bulk Entitlement (Wimmera and Glenelg Rivers—Coliban Water) Order 2010 (Vic.)	Wimmera‑Mallee (surface water)	29 October 2015	30 June 2018	20 November 2012
5	Bulk Entitlement (Wimmera and Glenelg Rivers— GWMWater) Order 2010 (Vic.)	Wimmera‑Mallee (surface water)	29 October 2015	30 June 2018	20 November 2012
6	Bulk Entitlement (Wimmera and Glenelg Rivers—Wannon Water) Order 2010 (Vic.)	Wimmera‑Mallee (surface water)	29 October 2015	30 June 2018	20 November 2012
6A	Carryover Declaration for Loddon Highlands Water Supply Protection Area 2012 (Victoria)	Goulburn‑ Murray	21 November 2017	30 June 2019	21 November 2012
6B	Carryover Declaration for Lower Campaspe Valley Water Supply Protection Area 2012 (Victoria)	Goulburn‑ Murray	25 October 2017	30 June 2019	25 October 2012
6C	Carryover Declaration for Mid‑Loddon Groundwater Management Area 2012 (Victoria)	Goulburn‑ Murray	22 March 2017	30 June 2019	22 March 2012
7	Carryover for Bulk Entitlements and Environmental Entitlements in the Broken, Loddon and Bullarook Water Systems (Declaration and Determination) 2010 (Vic.)	Northern Victoria and Victorian Murray	30 June 2015	30 June 2019	30 June 2010
8	Carryover for Bulk Entitlements and Environmental Entitlements in the Murray, Goulburn and Campaspe Water Systems (Declaration and Determination) 2010 (Vic.)	Northern Victoria and Victorian Murray	30 June 2015	30 June 2019	30 June 2010
9	Carryover for Water Shares in the Broken, Loddon and Bullarook Water Systems (Declaration and Determination) 2010 (Vic.)	Northern Victoria and Victorian Murray	30 June 2015	30 June 2019	30 June 2010
10	Carryover for Water Shares in the Murray, Goulburn and Campaspe Water Systems (Declaration and Determination) 2010 (Vic.)	Northern Victoria and Victorian Murray	30 June 2015	30 June 2019	30 June 2010
10A	Declaration of Loddon Highlands Water Supply Protection Area (Groundwater) Order 2010 (Victoria)	Goulburn‑ Murray	8 July 2015	30 June 2019	8 July 2010
10B	Determination of water use objectives (Victoria)	All water resource plan areas in Victoria (surface water)	31 December 2014	30 June 2019	20 June 2007
10C	Directions on delivery entitlements (Victoria)	All water resource plan areas in Victoria (surface water)	31 December 2014	30 June 2019	20 June 2007
11	Environmental Entitlement (Birch Creek—Bullarook System) 2009 (Vic.)	Northern Victoria	14 January 2015	30 June 2019	1 July 2011
12	Environmental Entitlement (Campaspe River—Living Murray) 2007 (Vic.)	Northern Victoria	31 December 2014	30 June 2019	1 July 2011
13	Environmental Entitlement (Goulburn System—Living Murray) 2007 (Vic.)	Northern Victoria	31 December 2014	30 June 2019	1 July 2011
13A	Environmental Entitlement (Goulburn System—NVIRP Stage 1) 2012 (Victoria)	Northern Victoria	2 July 2017	30 June 2019	2 July 2012
13B	Environmental Entitlement (River Murray—NVIRP Stage 1) 2012 (Victoria)	Northern Victoria	2 July 2017	30 June 2019	2 July 2012
13C	Goulburn Broken Regional Catchment Strategy 2013‑2019 (Victoria)	Northern Victoria and Victorian Murray	The day the Water Amendment (Interactions with State Laws) Regulation 2014 (No. 1)commences	30 June 2019	16 May 2013
13D	Goulburn Broken Regional River Health Strategy 2005‑2015 (Victoria)	Northern Victoria and Victorian Murray	31 December 2015	30 June 2019	11 May 2012
14	Goulburn River Environmental Entitlement 2010 (Vic.)	Northern Victoria	29 October 2015	30 June 2019	1 July 2011
14A	Loddon Highlands Water Supply Protection Area Groundwater Management Plan (Victoria)	Goulburn‑ Murray	21 November 2017	30 June 2019	21 November 2012
14B	Lower Campaspe Valley Water Supply Protection Area Groundwater Management Plan (Victoria)	Goulburn‑ Murray	17 October 2017	30 June 2019	17 October 2012
14C	Lower Campaspe Valley Water Supply Protection Area (Groundwater) Order 2010 (Victoria)	Goulburn‑ Murray	1 July 2015	30 June 2019	1 July 2010
14D	Lower Ovens Groundwater Management Area Local Management Plan (Victoria)	Goulburn‑ Murray	20 August 2017	30 June 2019	20 August 2012
14E	Mallee Regional Catchment Strategy 2013‑19 (Victoria)	Wimmera‑ Mallee (surface water), Wimmera‑ Mallee (groundwater) and Victorian Murray	The day the Water Amendment (Interactions with State Laws) Regulation 2014 (No. 1)commences	30 June 2019	16 May 2013
14F	Manual for Victoria’s Salinity Accountability in the Murray‑Darling Basin (Victoria)	All water resource plan areas in Victoria	1 April 2016	30 June 2019	1 April 2011
14G	North East Regional Catchment Strategy (Victoria)	Northern Victoria and Victorian Murray	The day the Water Amendment (Interactions with State Laws) Regulation 2014 (No. 1)commences	30 June 2019	16 May 2013
14H	North East Sustainable Irrigation Action Plan (Victoria)	Northern Victoria and Victorian Murray	19 May 2015	30 June 2019	19 May 2010
15	Northern Region Sustainable Water Strategy prepared under section 22B of the Water Act 1989 (Vic.)	Northern Victoria and Victorian Murray	31 December 2014	30 June 2019	9 November 2009
16	Order Declaring Water Systems in Northern Victoria 2007 (Vic.)	Northern Victoria and Victorian Murray	31 December 2014	30 June 2019	21 June 2007
17	Permissible Consumptive Volume Groundwater Order 2011 (Vic.)	All water resource plan areas in Victoria that apply to groundwater resources	14 July 2016	30 June 2019	14 July 2011
17A	Policies for Managing Section 76 Approvals (Victoria)	All water resource plan areas in Victoria	21 September 2015	30 June 2019	27 August 2013
17B	Policies for Managing Take and Use Licences (Victoria)	All water resource plan areas in Victoria	31 December 2014	30 June 2019	2 February 2014
17C	Policies for Managing Works Licences (Victoria)	All water resource plan areas in Victoria	19 October 2015	30 June 2019	19 October 2010
17D	Standard Water‑Use Conditions (Victoria)	All water resource plan areas in Victoria (surface water)	31 December 2014	30 June 2019	20 June 2007
17E	Upper Ovens River Water Supply Protection Area Water Management Plan (Victoria)	Goulburn‑ Murray and Northern Victoria	11 January 2017	30 June 2019	11 January 2012
17F	Western Region Sustainable Water Strategy (Victoria)	Wimmera‑ Mallee (groundwater) and Wimmera‑ Mallee (surface water)	10 November 2016	30 June 2018	10 November 2011
18	Wimmera and Glenelg Rivers Environmental Entitlement 2010 (Vic.)	Wimmera‑Mallee (surface water)	29 October 2015	30 June 2018	20 November 2012

1A
Queensland—State plans that prevail over Basin Plan
The table in this clause specifies for regulation 11A.02:
(a)
each State plan in Queensland that prevails over the Basin Plan; and
(b)
the water resource plan area for a State plan; and
(c)
the period, starting on the start day and ending on the end day, during which a State plan prevails over the Basin plan; and
(d)
the day a State plan is taken to have been accredited by the Minister.

Queensland—State plans that prevail over Basin Plan
State plan	Water resource plan area	Start day	End day	Accreditation day
1	Water Management Plan for the Upper Condamine Alluvium Sustainable Diversion Limit Area 2012 (Queensland)	Condamine‑ Balonne	10 August 2017	30 June 2019	10 August 2012
2	Water Resource (Border Rivers) Plan 2003 (Queensland)	Queensland Border Rivers	1 September 2014	30 June 2019	27 September 2013
3	Water Resource (Condamine and Balonne) Plan 2004 (Queensland)	Condamine‑ Balonne	1 September 2014	30 June 2019	27 September 2013
4	Water Resource (Moonie) Plan 2003 (Queensland)	Moonie	1 September 2014	30 June 2019	27 September 2013
5	Water Resource (Warrego, Paroo, Bulloo and Nebine) Plan 2003 (Queensland)	Warrego‑ Paroo‑Nebine	1 September 2014	30 June 2016	27 September 2013

2
South Australia—State plans that prevail over Basin Plan
The table in this clause specifies for regulation 11A.02:
(a)
each State plan in South Australia that prevails over the Basin Plan; and
(b)
the water resource plan area for a State plan; and
(c)
the period, starting on the start day and ending on the end day, during which a State plan prevails over the Basin plan; and
(d)
the day a State plan is taken to have been accredited by the Minister.

South Australia—State plans that prevail over Basin Plan
State plan	Water resource plan area	Start day	End day	Accreditation day
1AA	Mallee Prescribed Wells Area Water Allocation Plan (South Australia)	South Australian Murray Region	2 May 2017	31 December 2017	2 May 2012
1	Natural Resources Management Plan for the South Australian Murray‑Darling Basin Natural Resources Management Region (SA)	All water resource plan areas in South Australia	31 December 2014	30 June 2019	28 April 2009
2	Peake, Roby and Sherlock Prescribed Wells Area Water Allocation Plan (South Australia)	South Australian Murray Region	2 March 2016	31 December 2017	2 March 2011
2A	Water Allocation Plan for the Eastern Mount Lofty Ranges (South Australia)	Eastern Mount Lofty Ranges	The day the Water Amendment (Interactions with State Laws) Regulation 2014 (No. 1)commences	30 June 2019	17 December 2013
3	Water Allocation Plan for the Marne Saunders Prescribed Water Resources Area (SA)	Eastern Mount Lofty Ranges	18 January 2015	30 June 2019	18 January 2010
4	Water Allocation Plan for the Noora Prescribed Wells Area (SA)	South Australian Murray Region	3 January 2013	31 December 2017	3 March 2008
5	Water Allocation Plan for the River Murray Prescribed Watercourse (SA)	South Australian River Murray	1 July 2014	30 June 2019	5 February 2011

Part 2State plan areas delayed1

New South Wales—State areas delayed

The table in this clause specifies for regulation 11A.03 each State area in New South Wales that section 54 of the Act (that deals with the requirement to have water resource plans) does not apply to until after the end day.

New South Wales—State areas delayed
Item	State area	End day
1	Barwon‑Darling Watercourse	30 June 2019
2	Darling Alluvium	30 June 2019
3	Eastern Porous Rock	30 June 2019
4	Gwydir	30 June 2019
5	Gwydir Alluvium	30 June 2019
6	Intersecting Streams	30 June 2019
7	Lachlan	30 June 2019
8	Lachlan Alluvium	30 June 2017
9	Lachlan and South Western Fractured Rock	30 June 2019
10	Macquarie‑Castlereagh	30 June 2019
11	Macquarie‑Castlereagh Alluvium	30 June 2019
12	Murray Alluvium	30 June 2019
13	Murrumbidgee	30 June 2019
14	Murrumbidgee Alluvium	30 June 2019
15	Namoi	30 June 2019
16	Namoi Alluvium	30 June 2019
17	New England Fractured Rock and Northern Basalts	30 June 2019
18	New South Wales Border Rivers	30 June 2019
19	New South Wales Border Rivers Alluvium	30 June 2019
20	New South Wales Great Artesian Basin Shallow	30 June 2019
21	New South Wales Murray and Lower Darling	30 June 2019
22	Western Porous Rock	30 June 2019

Victoria—State areas delayed

The table in this clause specifies for regulation 11A.03 each State area in Victoria that section 54 of the Act (that deals with the requirement to have water resource plans) does not apply to until after the end day.

Victoria—State areas delayed
Item	State area	End day
1	Goulburn‑Murray	30 June 2019
2	Northern Victoria	30 June 2019
3	Victorian Murray	30 June 2019
4	Wimmera‑Mallee (groundwater)	30 June 2018
5	Wimmera‑Mallee (surface water)	30 June 2018

Queensland—State areas delayed

The table in this clause specifies for regulation 11A.03 each State area in Queensland that section 54 of the Act (that deals with the requirement to have water resource plans) does not apply to until after the end day.

Queensland—State areas delayed
Item	State area	End day
1	Condamine‑Balonne	30 June 2019
2	Moonie	30 June 2019
3	Queensland Border Rivers	30 June 2019
4	Warrego‑Paroo‑Nebine	30 June 2016

South Australia—State areas delayed

The table in this clause specifies for regulation 11A.03 each State area in South Australia that section 54 of the Act (that deals with the requirement to have water resource plans) does not apply to until after the end day.

South Australia—State areas delayed
Item	State area	End day
1	Eastern Mount Lofty Ranges	30 June 2019
2	South Australian Murray Region	31 December 2017
3	South Australian River Murray	30 June 2019

Endnotes

Endnote 1About 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 Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

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

Endnote 3Legislation history

Number and year	FRLI registration	Commencement	Application, saving and transitional provisions
106, 2008	24 June 2008 (F2008L02170)	30 June 2008
204, 2008	8 Oct 2008 (F2008L03630)	9 Oct 2008	—
229, 2008	1 Dec 2008 (F2008L04439)	2 Dec 2008	—
285, 2008	12 Dec 2008 (F2008L04653)	15 Dec 2008 (s 2)	—
174, 2009	14 July 2009 (F2009L02529)	15 July 2009	—
184, 2009	9 July 2009 (F2009L02702)	9 July 2009	—
83, 2010	10 May 2010 (F2010L01207)	11 May 2010	—
11, 2011	1 July 2011 (F2011L01396)	1 July 2011	—
68, 2012	10 May 2012 (F2012L01015)	s 1–3 and Sch 1: 11 May 2012 Sch 2: 5 July 2012 Sch 3: awaiting commencement (s 2(c))	—
232, 2012	3 Oct 2012 (F2012L01991)	4 Oct 2012	—
245, 2013	25 Nov 2013 (F2013L01977)	Sch 1: 26 Nov 2013 Sch 2: 28 Feb 2014	—
75, 2014	17 June 2014 (F2014L00728)	Sch 1 (items 10, 11): 17 June 2014	—
97, 2014	28 June 2014 (F2014L00874)	29 June 2014	—
180, 2014	2 Dec 2014 (F2014L01619)	1 Jan 2015 (s 2)	—
59, 2015	6 May 2015 (F2015L00644)	7 May 2015 (s 2)	—
98, 2015	30 June 2015 (F2015L01042)	1 July 2015 (s 2(1) item 1)	—
224, 2015	14 Dec 2015 (F2015L01987)	Sch 1 (items 2–4): repealed on commencement (s 2(1) items 3–5) Remainder: 15 Dec 2015 (s 2(1) items 1, 2)	—
as amended by
Water Amendment (Interactions with State Laws) Regulation 2016 (No. 1)	6 May 2016 (F2016L00697)	Sch 1 (items 2–4): 1 July 2016 (s 2(1) items 3–5)	—

Name	Registration	Commencement	Application, saving and transitional provisions
Water Amendment (Water Information) Regulation 2016 (No. 1)	18 Apr 2016 (F2016L00534)	19 Apr 2016 (s 2(1) item 1)	—
Water Amendment (Interactions with State Laws) Regulation 2016 (No. 1)	6 May 2016 (F2016L00697)	Sch 1 (item 1): 1 July 2016 (s 2(1) item 2)	—
Water Amendment (Review Measures) Regulation 2016	28 Nov 2016 (F2016L01818)	29 Nov 2016 (s 2(1) item 1)	—
Water Amendment (Interactions with Australian Capital Territory Water Resource Plans) Regulation 2016	13 Dec 2016 (F2016L01918)	14 Dec 2016 (s 2(1) item 1)	—
Water Amendment (Water Information) Regulations 2017	27 Mar 2017 (F2017L00311)	28 Mar 2017 (s 2(1) item 1)	—
Water Amendment (Interactions with Australian Capital Territory Water Resource Plans) Regulations 2018	9 Feb 2018 (F2018L00097)	10 Feb 2018 (s 2(1) item 1)	—
Water Amendment (Interaction with New South Wales Water Resource Plans) Regulations 2018	7 Dec 2018 (F2018L01693)	8 Dec 2018 (s 2(1) item 1)	—
Water Amendment (Water Resource Plan Accreditation) Regulations 2018	7 Dec 2018 (F2018L01695)	8 Dec 2018 (2(1) item 1)	—
Water Amendment (State Water Management Law) Regulations 2020	7 Aug 2020 (F2020L01002)	8 Aug 2020 (s 2(1) item 1)	—
Water Amendment (Minor Amendments to Water Resource Plans) Regulations 2020	16 Nov 2020 (F2020L01434)	17 Nov 2020 (s 2(1) item 1)	—
Water Amendment (Authorised Compliance Officers—Fit and Proper Requirements) Regulations 2021	28 July 2021 (F2021L01038)	5 Aug 2021 (s 2(1) item 1)	—
Instruments Update (Autumn 2024) Regulations 2024	14 Mar 2024 (F2024L00297)	Sch 2 (item 47): 11 Apr 2024 (s 2(1) item 1)	—
Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024	11 Oct 2024 (F2024L01299)	Sch 3 (item 33): 14 Oct 2024 (s 2(1) item 1)	—
Water Amendment (Water Markets Intermediaries Code and Trust Accounting Framework) Regulations 2025	26 June 2025 (F2025L00757)	1 July 2025 (s 2(1) item 1)	—

Endnote 4Amendment history

Provision affected	How affected
Part 1
r 1.02.........................................	rep LA s 48D
r 1.03.........................................	am No 174, 2009; No 83, 2010; No 68, 2012 (Sch 3 item 1); No 245, 2013; F2017L00311; F2025L00757
r 1.04.........................................	am 2012 No 68
r 1.05.........................................	rs 2012 No 232
r 1.05A......................................	ad 2010 No 83
r 1.05B.......................................	ad F2020L01002
r 1.06.........................................	ad No 174, 2009
am No 68, 2012 (Sch 3 item 2); F2017L00311
Part 1A......................................	ad 2009 No 184
rep No 75, 2014
r 1A.01......................................	ad 2009 No 184
rep No 75, 2014
r 1A.02......................................

ad 2009 No 184

rep No 75, 2014

Part 2

Part 2.........................................

ad 2012 No 68

Division 2.1

r 2.01.........................................

ad 2012 No 68

r 2.02.........................................

ad No 180, 2014

am No 224, 2015; F2016L01918; F2018L00097

rep end of 30 June 2019 (r 2.02(3))

r 2.03.........................................

ad F2016L01818

Division 2.1A

Division 2.1A.............................

ad F2018L01695

r 2.11.........................................

ad F2018L01695

r 2.11A......................................

ad F2020L01434

r 2.12.........................................

ad F2018L01695

Division 2.2

Division 2.2................................

ad 2012 No 232

r 2.22.........................................

ad 2012 No 232

Part 4

Part 4.........................................

ad 2008 No 204

Division 4.1A

Division 4.1A.............................

ad 2010 No 83

r 4.01A......................................

ad 2010 No 83

Division 4.1

Subdivision 4.1.1

r 4.01.........................................

ad 2008 No 204

Subdivision 4.1.2

r 4.02.........................................

ad 2008 No 204

Subdivision 4.1.3

r 4.03.........................................

ad 2008 No 204

Subdivision 4.1.4

r 4.04.........................................

ad 2008 No 204

Subdivision 4.1.5

r 4.05.........................................

ad 2008 No 204

r 4.06.........................................

ad 2008 No 204

r 4.07.........................................

ad 2008 No 204

r 4.08.........................................

ad 2008 No 204

Subdivision 4.1.6

r 4.09.........................................

ad 2008 No 204

r 4.10.........................................

ad 2008 No 204

r 4.11.........................................

ad 2008 No 204

r 4.12.........................................

ad 2008 No 204

Subdivision 4.1.7

r 4.13.........................................

ad 2008 No 204

Division 4.2

Subdivision 4.2.1

r 4.14.........................................

ad 2008 No 204

Subdivision 4.2.2

r 4.15.........................................

ad 2008 No 204

Subdivision 4.2.3

r 4.16.........................................

ad 2008 No 204

Subdivision 4.2.4

r 4.17.........................................

ad 2008 No 204

Subdivision 4.2.5

r 4.18.........................................

ad 2008 No 204

am 2008 No 229

r 4.19.........................................

ad 2008 No 204

r 4.20.........................................

ad 2008 No 204

r 4.21.........................................

ad 2008 No 204

Subdivision 4.2.6

r 4.22.........................................

ad 2008 No 204

r 4.23.........................................

ad 2008 No 204

r 4.24.........................................

ad 2008 No 204

r 4.25.........................................

ad 2008 No 204

Subdivision 4.2.7

r 4.26.........................................

ad 2008 No 204

Part 5

Part 5.........................................

ad F2025L00757

Division 1

Subdivision A

r 5.01.........................................

ad F2025L00757

Subdivision B

r 5.02.........................................

ad F2025L00757

r 5.03.........................................

ad F2025L00757

r 5.04.........................................

ad F2025L00757

r 5.05.........................................

ad F2025L00757

r 5.06.........................................

ad F2025L00757

r 5.07.........................................

ad F2025L00757

r 5.08.........................................

ad F2025L00757

r 5.09.........................................

ad F2025L00757

r 5.10.........................................

ad F2025L00757

r 5.11.........................................

ad F2025L00757

r 5.12.........................................

ad F2025L00757

r 5.13.........................................

ad F2025L00757

r 5.14.........................................

ad F2025L00757

r 5.15.........................................

ad F2025L00757

r 5.16.........................................

ad F2025L00757

r 5.17.........................................

ad F2025L00757

r 5.18.........................................

ad F2025L00757

r 5.19.........................................

ad F2025L00757

r 5.20.........................................

ad F2025L00757

r 5.21.........................................

ad F2025L00757

Subdivision C

r 5.22.........................................

ad F2025L00757

r 5.23.........................................

ad F2025L00757

r 5.24.........................................

ad F2025L00757

r 5.25.........................................

ad F2025L00757

Division 2

r 5.26.........................................

ad F2025L00757

r 5.27.........................................

ad F2025L00757

r 5.28.........................................

ad F2025L00757

r 5.29.........................................

ad F2025L00757

r 5.30.........................................

ad F2025L00757

Part 7

Part 7.........................................

rs 2012 No 68

Division 7.1

r 7.01.........................................

rs 2012 No 68

r 7.02.........................................

rep No 174, 2009

ad No 68, 2012

am No 68, 2012 (Sch 3 item 3); No 245, 2013; F2017L00311

r 7.03.........................................

rep No 174, 2009

ad No 68, 2012

am No 68, 2012 (Sch 3 item 4); No 245, 2013; F2017L00311

Division 7.2

r 7.04.........................................

rep No 174, 2009

ad No 68, 2012

am No 68, 2012 (Sch 3 items 5, 6); F2016L00534; F2017L00311

r 7.05.........................................

rep No 174, 2009

ad No 68, 2012

rs F2017L00311

r 7.06.........................................

rep No 174, 2009

ad No 68, 2012

am No 68, 2012 (Sch 3 item 7); No 245, 2013; F2017L00311

r 7.07.........................................

rep No 174, 2009

ad No 68, 2012

am No 68, 2012 (Sch 3 item 8); No 245, 2013; F2017L00311

r 7.08.........................................

rep 2009 No 174

ad 2012 No 68

r 7.09.........................................

rep No 174, 2009

ad No 68, 2012

am F2017L00311

r 7.10.........................................

rs 2012 No 68

r 7.11.........................................

am No 229, 2008

rs No 68, 2012

am F2017L00311

r 7.12.........................................

rep 2012 No 68

r 7.13.........................................

am 2008 No 229; 2009 No 174

rep 2012 No 68

r 7.14.........................................

am 2009 No 174

rep 2012 No 68

r 7.15.........................................

rep 2012 No 68

r 7.16.........................................

rep 2012 No 68

r 7.17.........................................

rep 2012 No 68

r 7.18.........................................

rep 2012 No 68

Part 8

Part 8.........................................

ad F2016L01818

Division 8.6

r 8.01.........................................

ad F2016L01818

r 8.02.........................................

ad F2016L01818

r 8.03.........................................

ad F2016L01818

r 8.04.........................................

ad F2016L01818

r 8.05.........................................

ad F2016L01818

r 8.06.........................................

ad F2016L01818

Part 10AA

Part 10AA..................................

ad F2021L01038

r 10AA.01..................................

ad F2021L01038

am F2024L01299

Part 10A

Part 10A.....................................

ad 2008 No 285

Division 10A.1

r 10A.01.....................................

ad 2008 No 285

r 10A.02.....................................

ad 2008 No 285

Division 10A.2

Subdivision 10A.2.1

r 10A.03.....................................

ad 2008 No 285

r 10A.04.....................................

ad 2008 No 285

r 10A.05.....................................

ad 2008 No 285

r 10A.06.....................................

ad 2008 No 285

Subdivision 10A.2.2

r 10A.07.....................................

ad 2008 No 285

Division 10A.3

r 10A.08.....................................

ad 2008 No 285

r 10A.09.....................................

ad 2008 No 285

r 10A.10.....................................

ad 2008 No 285

r 10A.11.....................................

ad 2008 No 285

r 10A.12.....................................

ad 2008 No 285

r 10A.13.....................................

ad 2008 No 285

r 10A.14.....................................

ad 2008 No 285

r 10A.15.....................................

ad 2008 No 285

r 10A.16.....................................

ad 2008 No 285

r 10A.17.....................................

ad 2008 No 285

r 10A.18.....................................

ad 2008 No 285

r 10A.19.....................................

ad 2008 No 285

r 10A.20.....................................

ad 2008 No 285

r 10A.21.....................................

ad 2008 No 285

r 10A.22.....................................

ad 2008 No 285

r 10A.23.....................................

ad 2008 No 285

r 10A.24.....................................

ad 2008 No 285

r 10A.25.....................................

ad 2008 No 285

r 10A.26.....................................

ad 2008 No 285

r 10A.27.....................................

ad 2008 No 285

r 10A.28.....................................

ad 2008 No 285

r 10A.29.....................................

ad 2008 No 285

r 10A.30.....................................

ad 2008 No 285

r 10A.31.....................................

ad 2008 No 285

r 10A.32.....................................

ad 2008 No 285

r 10A.33.....................................

ad 2008 No 285

r 10A.34.....................................

ad 2008 No 285

r 10A.35.....................................

ad 2008 No 285

r 10A.36.....................................

ad 2008 No 285

r 10A.37.....................................

ad 2008 No 285

r 10A.38.....................................

ad 2008 No 285

r 10A.39.....................................

ad 2008 No 285

r 10A.40.....................................

ad 2008 No 285

r 10A.41.....................................

ad 2008 No 285

r 10A.42.....................................

ad 2008 No 285

r 10A.43.....................................

ad 2008 No 285

r 10A.44.....................................

ad 2008 No 285

r 10A.45.....................................

ad 2008 No 285

r 10A.46.....................................

ad 2008 No 285

r 10A.47.....................................

ad 2008 No 285

r 10A.48.....................................

ad 2008 No 285

r 10A.49.....................................

ad 2008 No 285

r 10A.50.....................................

ad 2008 No 285

r 10A.51.....................................

ad 2008 No 285

r 10A.52.....................................

ad 2008 No 285

r 10A.53.....................................

ad 2008 No 285

r 10A.54.....................................

ad 2008 No 285

r 10A.55.....................................

ad 2008 No 285

Part 11

Part 11.......................................

ad 2012 No 68

Division 11.1

Division 11.1 heading..................

ad F2016L01818

r 11.01.......................................

ad 2012 No 68

Division 11.2

Division 11.2..............................

ad F2016L01818

r 11.02.......................................

ad F2016L01818

Division 11.3

Division 11.3..............................

ad F2017L00311

r 11.03.......................................

ad F2017L00311

Part 11A

Part 11A.....................................

ad No 245, 2013

r 11A.01.....................................

ad No 245, 2013

r 11A.02.....................................

ad No 245, 2013

r 11A.03.....................................

ad No 245, 2013

Part 12

Part 12.......................................

ad F2025L00757

Division 12.1

r 12.01.......................................

ad F2025L00757

r 12.02.......................................

ad F2025L00757

Schedule 1

Schedule 1..................................

rs No 232, 2012

ed C21

Schedule 1A...............................

ad No 184, 2009

am No 117, 2011; No 68, 2012

rep No 75, 2014

Schedule 2

Schedule 2..................................

am No 229, 2008

rep No 174, 2009

ad No 68, 2012

am No 68, 2012 (Sch 3 item 9); No 245, 2013; F2016L00534; F2017L00311

Schedule 3

Schedule 3..................................

am No 229, 2008

rs No 68, 2012

am No 245, 2013; F2016L00534; F2017L00311

Schedule 4

Schedule 4..................................

am 2008 No 229

rep 2009 No 174

ad 2012 No 68

am 2012 No 232; No 97, 2014

Schedule 5

Schedule 5..................................

ad No 245, 2013

Part 1

c 1AA........................................

ad No 97, 2014

am No 59, 2015; No 98, 2015; F2016L00697; F2018L01693; F2024L00297

c 1.............................................

ad No 245, 2013

am No 97, 2014

c 1A...........................................

ad No 97, 2014

c 2.............................................

ad No 245, 2013

am No 97, 2014

Part 2

c 1.............................................

ad No 245, 2013

am No 98, 2015

c 2.............................................

ad No 245, 2013

c 3.............................................

ad No 245, 2013

c 4.............................................

ad No 245, 2013