Notification of disallowance - 14 February 2018

Overview

The Basin Plan Amendment Instrument 2017 (No. 1) was disallowed by the Senate on 14 February 2018 through a resolution passed under the Water Act 2007. This act was enacted in 2007 by the Parliament of Australia to provide a legislative framework for the sustainable management of Australia's water resources, particularly focusing on the Murray-Darling Basin. The disallowance of this specific instrument was aimed at addressing concerns over the adequacy of the amendments to the Basin Plan in meeting environmental and sustainability objectives. The disallowance highlights the Senate's role in scrutinising and providing checks on administrative actions under the Water Act, ensuring that water management policies align with broader legislative and environmental goals.

Scope and Application

The Basin Plan Amendment Instrument 2017 (No. 1), which was made under the Water Act 2007, has been disallowed by the Senate, a decision that was gazetted on 14 February 2018. This legislative instrument would have applied to entities involved in water management and allocation in the Murray-Darling Basin, specifically targeting the operations and activities of those responsible for implementing the Murray-Darling Basin Plan. The disallowance affects the conduct and transactions related to water usage, conservation, and allocation within this critical basin. The geographic reach of the disallowed instrument was specifically focused on the Murray-Darling Basin, which spans across multiple states and territories within Australia. The disallowance by the Senate means that the amendments proposed in the instrument will not take effect, and the existing provisions of the Water Act 2007 remain in place unless otherwise amended through proper legislative processes. The disallowance does not introduce new exclusions, exemptions, or thresholds but negates the application of the disallowed amendments, thereby maintaining the status quo in water management practices within the Murray-Darling Basin.

Key Provisions

The Basin Plan Amendment Instrument 2017 (No. 1) [F2017L01462], which was made under the Water Act 2007, was disallowed by the Senate on 14 February 2018. This resolution is significant as it impacts the management and regulation of water resources within the Murray-Darling Basin, a critical area for Australia's agricultural and ecological health. Section 20 of the Water Act 2007 provides the legislative framework for the creation of basin plans, which are designed to ensure the sustainable use of water resources. The disallowance means that the specific amendments introduced by the 2017 Instrument are no longer in effect, reverting the basin plan to its previous state prior to the amendments. The Water Act 2007 imposes certain obligations on parties and entities involved in water management within the Murray-Darling Basin. Under Section 23, the Australian Government is tasked with developing and implementing the Murray-Darling Basin Plan. This plan aims to balance the needs of the environment, agriculture, and communities by setting limits on water extraction and ensuring sustainable water use. Additionally, Section 24 requires the establishment of the Murray-Darling Basin Authority to oversee the implementation of the plan and to facilitate cooperation among stakeholders. The disallowance of the 2017 Instrument may therefore necessitate a re-evaluation of current water management practices and policies to align with the unaltered provisions of the original Basin Plan. Breaches of the Water Act 2007 can lead to significant consequences. Section 308 outlines various offences related to water resource management, including unauthorised water extraction, which can result in criminal charges. The penalties for these offences are severe, with Section 309 specifying that an individual can be fined up to $220,000 or imprisoned for up to five years, or both. Furthermore, corporations can face even steeper penalties, with fines potentially reaching up to $1.1 million for serious breaches. These stringent measures underscore the importance of adhering to the provisions of the Water Act and its related instruments, such as the Basin Plan, to ensure the sustainability and equitable use of Australia's water resources.