EXPLANATORY STATEMENT
Issued by Authority of the Deputy Prime Minister for Agriculture and Water Resources
Water Act 2007
Warrego-Paroo-Nebine Water Resource Plan Accreditation Decision 2017
Legislative Authority
The Water Act 2007 (the Act) provides the legislative framework for managing Australia’s largest water resource—the Murray-Darling Basin—in the national interest, as well as for providing information on Australia’s water resources.
Section 54(1) of the Act requires that there be a water resource plan for each water resource plan area identified in the Basin Plan 2012 (Basin Plan). Water resource plans set out water management arrangements for surface water and groundwater within each water resource plan area.
Section 63 of the Act provides that Basin States (Queensland, New South Wales, Victoria, South Australia and the Australian Capital Territory) may submit a proposed water resource plan to the Murray-Darling Basin Authority (MDBA) for consideration and the MDBA is required to provide the water resource plan and its recommendations on accreditation to the Deputy Prime Minister and Minister for Agriculture and Water Resources (the Minister).
Purpose and operation
The purpose of the Warrego-Paroo-Nebine Water Resource Plan Accreditation Decision 2017 (the instrument) is to set out the Minister’s decision, under section 63 of the Act to accredit the Warrego-Paroo-Nebine Water Resource Plan (the WRP).
The Minister must accredit a proposed water resource plan if after considering advice from the MDBA,the Minister is satisfied that the proposed water resource plan is consistent with the relevant Basin Plan.
Section 56(2A) of the Act defines the relevant Basin Plan. In this case the relevant version of the Basin Plan is the Basin Plan as in effect two years before the WRP was given to the Minister on 21 December 2016 (item 1, table in section 56(2A) Water Act).The Basin Plan as adopted on 22 November 2012 was not amended prior to 20 December 2014. Therefore the relevant Basin Plan is the Basin Plan as adopted on 22 November 2012.
Background
The WRP was developed by the State of Queensland, in consultation with key stakeholders and regional communities, and was given to the MDBA on 28 November 2016, in accordance with section 63(1) of the Act. The WRP sets out water management arrangements for surface water and groundwater within the water resource plan area in South West Queensland. The WRP applies to the Paroo, Warrego and Nebine surface water sustainable diversion limit (SDL) resource units and three groundwater SDL resource units.
The MDBA considered the WRP and, as required by section 63(3) of the Act, prepared recommendations for the Minister on whether the WRP should be accredited. The MDBA formed the view that the WRP is consistent with the relevant Basin Plan and recommended the Minister accredit theWRP. The MDBA gave the Minister the WRP and its recommendations on the WRP on 21 December 2016.
The Minister considered the WRP and the MDBA’s recommendations and was satisfied that the WRP is consistent with the relevant Basin Plan. As required by section 63(6) of the Act, the Minister made the decision to accredit the WRP.
Impact and Effect
Once accredited, the WRP will be given effect through sections 58 and 59 of the Act. Section 58 provides that the MDBA and any other agency of the Commonwealth must act consistently with an accredited WRP, subject to exceptions. Section 59 provides that the Basin Officials Committee, an agency of a Basin State, an operating authority, an infrastructure operator or the holder of a water access right must not act inconsistently with an accredited WRP, subject to exceptions.
Consultation
Section 17 of the Legislation Act 2003 requires that the rule maker must be satisfied that any consultation that the rule-maker considers to be appropriate and reasonably practicable to undertake has been undertaken.
Sections 10.07 and 10.53 of the Basin Plan require the consultation to be undertaken in the preparation of the WRP to be demonstrated. A description of the consultation undertaken by the State of Queensland in relation to the development of the WRP is set out in section 5.2 of the WRP.
The MDBA consulted with relevant Indigenous organisations, namely, the Northern Basin Aboriginal Nations, on whether the proposed WRP is consistent with the requirements in Chapter 10, Part 14 of the Basin Plan, regarding Indigenous values and uses.
The Office of Best Practice Regulation (OBPR) was consulted in the preparation of the instrument and have advised that a regulation impact statement is not required (ID 21669).
Details of the Warrego-Paroo-Nebine Water Resource Plan Accreditation Decision 2017
The instrument provides that the Minister agrees to accredit, under section 63 of the Act, the WRP as set out, or identified in accordance with section 10.04 of the Basin Plan.
The WRP is set out, or identified in accordance with subsections 10.04(2) and (3) of the Basin Plan, in the document titled Warrego-Paroo-Nebine Water Resource Plan published on the date that the Minister signed the instrument at www.mdba.gov.au/publications/policies-guidelines/water-resource-plan-warrego-paroo-nebine.
The instrument commences on the day after registration.
The instrument is a legislative instrument, but under paragraph 63(7)(b) of the Act, Section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument. Consequently a statement of compatibility with Human Rights is not required.