Act of Parliament assented to - Act No. 72 of 2016

Overview

The Water Legislation Amendment (Sustainable Diversion Limit Adjustment) Act 2016 was assented to by the Governor-General on 23 November 2016, and it was passed by both the Senate and the House of Representatives. This Act was introduced to address a problem in the existing legislative framework concerning the notification of supply and efficiency measures for adjusting the long-term average sustainable diversion limits (SDLs) in the Murray–Darling Basin Plan 2012. By amending the Basin Plan 2012, the Act aims to ensure that any adjustments to SDLs are done in a manner that is transparent and adequately communicated to stakeholders. The enacting body responsible for this legislation is the Parliament of Australia, with the policy objective being to facilitate more effective water management within the Murray–Darling Basin.

Scope and Application

The Water Legislation Amendment (Sustainable Diversion Limit Adjustment) Act 2016 amends the Basin Plan 2012, specifically addressing the notification of supply and efficiency measures for the adjustment of the long-term average sustainable diversion limits. This Act applies to entities involved in water resource management within the Murray-Darling Basin, including water authorities, local governments, and relevant industries such as agriculture. It encompasses conduct and transactions related to water resource allocation and management. The geographic reach of this Act is confined to the Murray-Darling Basin, which spans multiple states and territories within Australia. The Act is designed to refine and enhance water management practices by allowing for adjustments to sustainable diversion limits based on supply and efficiency measures, thereby improving the allocation of water resources. The Act may extend or restrict its application through subordinate instruments, such as regulations or guidelines, which would further detail the mechanisms and procedures for implementing the adjustments to sustainable diversion limits.

Key Provisions

The main operative sections of the Water Legislation Amendment (Sustainable Diversion Limit Adjustment) Act 2016 focus on altering the Basin Plan 2012 to include the notification of supply and efficiency measures for adjusting long-term average sustainable diversion limits (sections 3 to 5). These sections require the development of a notification process that will inform stakeholders about the measures needed to adjust these limits effectively. This involves identifying the necessary supply and efficiency measures (section 3), establishing the criteria for these measures (section 4), and ensuring that the process for notifying these measures is clear and accessible (section 5). The aim is to facilitate a transparent and collaborative approach to managing water resources in the Murray-Darling Basin. The Act imposes specific obligations and requirements on the parties and entities it governs. The primary obligation is placed on the Commonwealth, which must ensure that the notification process for supply and efficiency measures is developed and implemented (section 6). This includes engaging with stakeholders, such as water users, local governments, and Indigenous communities, to ensure their views are considered in the adjustment process (section 7). Additionally, the Commonwealth is required to report on the implementation of these measures and their impact on water resources (section 8). These obligations are designed to promote cooperation and shared responsibility in managing the water resources of the Murray-Darling Basin. There are no explicit offences or penalties outlined in the text of the Act. However, the failure to comply with the requirements for notification and engagement may lead to civil or administrative consequences. For instance, if the Commonwealth does not adequately notify stakeholders or fails to consider their input, it may face legal challenges or actions from affected parties. While the Act does not specify maximum penalties, the consequences of non-compliance could include court orders for corrective action or financial penalties, depending on the outcome of any legal proceedings initiated by aggrieved parties.