Water Act (Australian Capital Territory (groundwater) Water Resource Plan) Accreditation Decision 2020

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2020L00809 In force Legislative Instrument

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Explanatory Statement

 

Issued by Authority of the Minister for Resources, Water and Northern Australia

 

Water Act 2007

 

Water Act (Australian Capital Territory (groundwater) Water Resource Plan) Accreditation Decision 2020

 

Legislative Authority

 

The Water Act 2007 (the Act) provides the legislative framework for managing Australia’s largest water resource, the Murray-Darling Basin, and makes provision for other matters of national interest in relation to water and water information.

 

Subsection 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 (the Basin Plan). Water resource plans set out water management arrangements for surface water and groundwater within each water resource plan area.

 

Under section 63 of the Act, the 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 (the Authority) for consideration. The Authority is required to prepare recommendations for the Minister on whether the proposed water resource plan should be accredited. If the Authority gives the Minister a proposed water resource plan and recommendations, the Minister must consider the proposed water resource plan and the recommendations and either accredit the water resource plan or not accredit the water resource plan. The decision to accredit or not to accredit a water resource plan must be made in writing and is a non-disallowable legislative instrument.

 

Purpose

 

The purpose of the Water Act (Australian Capital Territory (groundwater) Water Resource Plan) Accreditation Decision 2020 (the Accreditation Decision) is to set out the decision of the Minister for Resources, Water and Northern Australia (the Minister), under section 63 of the Act to accredit the Australian Capital Territory (groundwater) Water Resource Plan (the WRP).

 

Under subsection 63(6) of the Act, the Minister must accredit a proposed water resource plan if, after considering  recommendations from the Authority (provided in accordance with subsection 63(3) of the Act), the Minister is satisfied that the proposed water resource plan is consistent with the relevant Basin Plan.

 

Subsection 63(6) of the Act further provides that the relevant Basin Plan for the water resource plan is the version of the Basin Plan that the Minister applies in relation to the water resource plan under subsection 56(2). For the purposes of subsections 56(2) and 56(2A) of the Act, the relevant Basin Plan for the Accreditation Decision is the version that was registered on the Federal Register of Legislation on 11 July 2018 (F2018C00451).

 

Background

 

The WRP was developed by the Australian Capital Territory, in consultation with key stakeholders and regional communities, and was received by the Authority on 15 January 2020, in accordance with subsection 63(1) of the Act. The WRP is set out, or identified, in the document titled ACT Water Resource Plans for Surface Water and Groundwater. (That document also sets out, or identifies, the water resource plan for the Australian Capital Territory (surface water) water resource plan area, which is not the subject of this Accreditation Decision.) The WRP sets out water management arrangements for the Australian Capital Territory (groundwater) WRP area. The WRP applies to one sustainable diversion limit (SDL) resource unit in the area. The SDL resource unit is identified in section 6.03 of the Basin Plan when read with Schedule 4 at table item 1 (groundwater).

 

The Authority considered the WRP and, as required by subsection 63(3) of the Act, prepared recommendations for the Minister on whether the WRP should be accredited. The Authority formed the view that the WRP is consistent with the relevant Basin Plan and recommended  that the Minister accredit the WRP. The Authority gave the WRP and its recommendations on the WRP to the Minister on 29 May 2020.

 

The Minister considered the WRP and the Authority’s recommendations as required by subsection 63(5) of the Act and was satisfied that the WRP is consistent with the relevant Basin Plan. As required by subsection 63(6) of the Act, the Minister made the decision to accredit the WRP.

 

Impact and Effect

 

The WRP is given effect through sections 58 and 59 of the Act. In summary, section 58 provides that the Authority and any other agency of the Commonwealth must perform its functions, and exercise its powers, consistently with, and in a manner that gives effect to, an accredited WRP, subject to some 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, or fail to act consistently with, an accredited WRP, subject to some exceptions. 

 

Consultation

 

Section 17 of the Legislation Act 2003 (the Legislation Act) requires that before making a legislative instrument, 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.

Subsection 17(2) of the Legislation Act provides that in determining whether any consultation that was undertaken is appropriate, the rule-maker may have regard to any relevant matter, including the extent to which the consultation:

  • drew on the knowledge of persons having expertise in fields relevant to the proposed instrument; and
  • ensured that persons likely to be affected by the proposed instrument had adequate opportunity to comment on its proposed content.

Section 10.07 of the Basin Plan requires the consultation to be undertaken in the preparation of the WRP to be described. Section 10.53 also requires a WRP to be prepared having regard to the views of relevant Indigenous organisations with respect to particular matters. A description of the consultation undertaken by the Australian Capital Territory in relation to the development of the WRP is set out in Appendix B2 and Appendix K of the document titled ACT Water Resource Plans for Surface Water and Groundwater. The proposed ACT Water Resource Plans for Surface Water and Groundwater is available on the Authority’s website at https://www.mdba.gov.au/basin-plan-roll-out/water-resource-plans.

The Authority consulted with relevant Indigenous organisations, namely, the Murray Lower Darling Rivers Indigenous Nations (MLDRIN), on whether the proposed WRP is consistent with the requirements in Chapter 10, Part 14 of the Basin Plan, regarding Indigenous values and uses. As a result of this consultation, MLDRIN formed the view that the proposed WRP fulfilled the majority of requirements and subsequently recommended the WRP for accreditation.

The Office of Best Practice Regulation (OBPR) has advised that a regulation impact statement is not required (ID: 21669).

Paragraph 63(7)(b) of the Act provides that the Accreditation Decision is a legislative instrument for purposes of the Legislation Act, but section 42 (disallowance) of the Legislation Act does not apply to the Accreditation Decision. Consequently, a statement of compatibility with Human Rights is not required in accordance with paragraph 15J(2)(f) of the Legislation Act.


Attachment A

Details of the Water Act (Australian Capital Territory (groundwater) Water Resource Plan) Accreditation Decision 2020

Section 1—Name

This section provides that the name of the instrument is the Water Act (Australian Capital Territory (groundwater) Water Resource Plan) Accreditation Decision 2020 (Accreditation Decision).

Section 2—Commencement

This section provides that the Accreditation Decision commences the day after it is registered on the Federal Register of Legislation.

Section 3—Authority

This section provides that the Accreditation Decision is made under section 63 of the Act.

Section 4—Definitions

This section sets out the definitions used throughout the Accreditation Decision. It defines “Act” to mean the Water Act 2007. It also includes a note that explains that a number of expressions used in the Accreditation Decision are defined in section 4 of the Act, including “Authority” and “Basin Plan”.

Section 5—Accreditation of Australian Capital Territory (groundwater) Water Resource Plan

This section provides that the Australian Capital Territory (groundwater) Water Resource Plan that is set out, or identified, in accordance with section 10.04 of the Basin Plan, in the document titled ACT Water Resource Plans for Surface Water and Groundwater that the Authority received from the Australian Capital Territory under subsection 63(1) of the Act on 15 January 2020, is accredited.

The document titled ACT Water Resource Plans for Surface Water and Groundwater also sets out, or identifies, the water resource plan for the Australian Capital Territory (surface water) water resource plan area, which is not the subject of this Accreditation Decision.

The accredited WRP is available on the Authority’s website at https://www.mdba.gov.au/basin-plan-roll-out/water-resource-plans.  

 

Overview

The Water Act (Australian Capital Territory (groundwater) Water Resource Plan) Accreditation Decision 2020, introduced by the Minister for Resources, Water and Northern Australia, was enacted to address the need for a water resource plan for the Australian Capital Territory’s groundwater. This decision is a legislative instrument under the Water Act 2007, which establishes the framework for managing Australia's water resources, including the Murray-Darling Basin. The decision to accredit the Australian Capital Territory's groundwater Water Resource Plan (WRP) was made pursuant to section 63 of the Act, which mandates that the Minister accredit a proposed WRP if satisfied that it is consistent with the relevant Basin Plan. The Minister considered the WRP and recommendations from the Murray-Darling Basin Authority and accredited the WRP as it met the necessary criteria under the Act. This accreditation ensures that water management in the Australian Capital Territory’s groundwater area aligns with the overarching objectives of the Basin Plan, facilitating sustainable water use and management.

Scope and Application

The Water Act (Australian Capital Territory (groundwater) Water Resource Plan) Accreditation Decision 2020 applies to the Australian Capital Territory (groundwater) Water Resource Plan (WRP) submitted to the Murray-Darling Basin Authority for consideration. This decision is made under section 63 of the Water Act 2007, which provides the legislative framework for managing Australia's largest water resource, the Murray-Darling Basin. The Act requires that there be a water resource plan for each water resource plan area identified in the Basin Plan 2012, and section 63 mandates that the Basin States may submit a proposed water resource plan to the Murray-Darling Basin Authority for accreditation by the Minister. The Minister's decision to accredit the Australian Capital Territory (groundwater) WRP is based on the recommendation from the Authority that the WRP is consistent with the relevant Basin Plan, which was registered on 11 July 2018. The WRP sets out water management arrangements for the Australian Capital Territory (groundwater) WRP area and applies to one sustainable diversion limit resource unit in the area. Once accredited, the WRP takes effect under sections 58 and 59 of the Act, requiring relevant authorities and entities to perform their functions and exercise their powers in accordance with the accredited plan. This legislative instrument is made under the authority of the Water Act 2007 and is not subject to disallowance under the Legislation Act 2003.

Key Provisions

The Water Act (Australian Capital Territory (groundwater) Water Resource Plan) Accreditation Decision 2020 (Accreditation Decision) primarily accredits the Australian Capital Territory (groundwater) Water Resource Plan (WRP) as set out in the document titled "ACT Water Resource Plans for Surface Water and Groundwater." This accreditation is a formal recognition that the WRP aligns with the requirements of the Water Act 2007 (the Act). The accreditation decision, made under section 63(6) of the Act, mandates that the Minister for Resources, Water and Northern Australia accredits the WRP if, after considering the recommendations from the Murray-Darling Basin Authority (the Authority), the Minister is satisfied that the WRP is consistent with the relevant Basin Plan. In this case, the relevant Basin Plan is the version registered on the Federal Register of Legislation on 11 July 2018. The obligations imposed by the Act on the parties involved include the requirement for the Basin States, such as the Australian Capital Territory, to develop a proposed WRP and submit it to the Authority for consideration. The Authority, in turn, must prepare recommendations on whether the proposed WRP should be accredited. The Minister is then obligated to consider the proposed WRP and the Authority's recommendations before making a written decision to accredit or not accredit the WRP. The accreditation process ensures that the WRP adheres to the overarching objectives and provisions of the Basin Plan. Failure to comply with the provisions of the Act or the accredited WRP can result in various consequences. Under section 58 of the Act, the Authority and other Commonwealth agencies must perform their functions and exercise their powers in accordance with the accredited WRP, with some exceptions. Section 59 of the Act stipulates that the Basin Officials Committee, Basin State agencies, operating authorities, infrastructure operators, or holders of water access rights must not act inconsistently with or fail to act consistently with the accredited WRP, subject to exceptions. Non-compliance with these provisions can lead to actions being taken to enforce the WRP, potentially including legal proceedings or other administrative actions. The Act also outlines specific offences and penalties for breaches. For example, under section 113 of the Act, individuals or entities who contravene certain provisions of the WRP may be subject to civil or criminal penalties. The specific penalties can vary depending on the nature and severity of the offence, with maximum penalties prescribed in the Act for different types of breaches. These penalties serve as a deterrent against non-compliance and help ensure the effective management and conservation of water resources in accordance with the accredited WRP.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.