Water Amendment Act 2015

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

Legislation au C2015A00133 In force Act

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Water Amendment Act 2015

 

No. 133, 2015

 

 

 

 

 

An Act to amend the Water Act 2007 to provide for a 1,500 gigalitre limit on surface water purchases, and for the purpose of allowing more flexibility with efficiency measures

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Part 1—Amendment of the Water Act 2007

Water Act 2007

Part 2—Amendment of the Basin Plan 2012

Basin Plan 2012

 

 

 

 

Water Amendment Act 2015

No. 133, 2015

 

 

 

An Act to amend the Water Act 2007 to provide for a 1,500 gigalitre limit on surface water purchases, and for the purpose of allowing more flexibility with efficiency measures

[Assented to 13 October 2015]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Water Amendment Act 2015.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

13 October 2015

2.  Schedule 1

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

13 April 2016

Note:  This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

 (1) Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

 (2) The amendment of the Basin Plan 2012 under subsection (1) does not prevent the Murray‑Darling Basin Authority from preparing an amendment of the Basin Plan 2012, as so amended, under section 23B or 45 of the Water Act 2007.

Schedule 1—Amendments

Part 1—Amendment of the Water Act 2007

Water Act 2007

1  Section 86

Renumber as section 85A.

2  At the end of Part 2

Add:

Division 5—1,500 gigalitre limit on water purchases

85B  Simplified outline of this Division

There is a 1,500 gigalitre limit on water purchased under water purchase contracts.

85C  1,500 gigalitre limit on water purchases

 (1) The Commonwealth must not enter into a water purchase contract at a particular time if doing so would result in the sum of:

 (a) the long‑term annual average quantity of water that can be accessed under the water access entitlement purchased under the contract; and

 (b) the total of the long‑term annual average quantities of water that can be accessed under water access entitlements purchased under water purchase contracts entered into before that time;

exceeding 1,500 gigalitres.

Note: For water purchase contract, see subsections (3) and (4).

 (2) Subsection (1) ceases to have effect on the first occasion after the commencement of this section when a report is given to the Minister under subsection 50(5).

Note: Subsection 50(5) deals with a report of the results of a review of the Basin Plan.

Water purchase contract

 (3) For the purposes of this section, a contract is a water purchase contract if:

 (a) the contract is or was entered into by, or on behalf of, the Commonwealth for the purchase by the Commonwealth of a water access entitlement; and

 (b) the water access entitlement relates to Basin water resources that are surface water;

and either:

 (c) the contract was entered into during the period:

 (i) beginning at the start of 2 February 2008; and

 (ii) ending at the end of 23 November 2012; or

 (d) the contract is or was entered into on or after 24 November 2012 for purposes directed towards achieving the Commonwealth’s share of a reduction in the long‑term average sustainable diversion limit for:

 (i) the water resources of a water resource plan area; or

 (ii) a particular part of those water resources.

Exceptions

 (4) However, a contract is not a water purchase contract for the purposes of this section if:

 (a) both of the following conditions are satisfied:

 (i) the contract is or was entered into as the result of, or in connection with, an agreement under which the Commonwealth provided financial assistance for the rationalisation or reconfiguration of an irrigation network;

 (ii) the contract was entered into after the commencement of this section; or

 (b) both of the following conditions are satisfied:

 (i) the contract is or was for the purchase of a water access entitlement from a Basin State;

 (ii) the contract was entered into after the commencement of this section; or

 (c) the contract was provided for in an agreement:

 (i) under which the Commonwealth provided financial assistance for activities relating to water infrastructure; and

 (ii) that is not mentioned in subparagraph (a)(i); or

 (d) the contract is or was entered into in accordance with Part 6; or

 (e) the cost of the water access entitlement purchased under the contract is or was debited from the Water for the Environment Special Account.

85D  Validity of contracts

  A contravention of section 85C does not affect the validity of a contract.

Part 2—Amendment of the Basin Plan 2012

Basin Plan 2012

3  After subparagraph 7.17(2)(b)(i)

Insert:

 (ia) the participation of consumptive water users in projects that recover water through works to improve water use efficiency off‑farm; or

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 28 May 2015

Senate on 9 September 2015]

 

(80/15)

 

Overview

The Water Amendment Act 2015 was enacted by the Parliament of Australia to address the need for more flexibility in water management within the Murray-Darling Basin, particularly regarding the purchasing of water access entitlements. The Act aims to introduce a cap on surface water purchases by the Commonwealth to ensure sustainable water use. The principal objective of this legislation is to impose a 1,500 gigalitre limit on surface water purchases by the Commonwealth, thereby allowing for more flexibility in implementing efficiency measures that align with the overarching goals of the Basin Plan. This legislative amendment was designed to safeguard water resources while enabling more efficient water use practices, reflecting a policy objective to balance environmental sustainability with the needs of water users. The Act amends the Water Act 2007 by introducing a new Division in Part 2 that sets out the 1,500 gigalitre limit on water purchases. Additionally, it modifies the Basin Plan 2012 to include provisions that promote the participation of consumptive water users in projects aimed at improving water use efficiency off-farm. These amendments are intended to support the broader goals of the Murray-Darling Basin Plan by ensuring that water resources are managed in a manner that is both sustainable and efficient. The Act's provisions are designed to take effect from specific dates as outlined in the commencement provisions, ensuring a clear timeline for the implementation of these changes.

Scope and Application

The Water Amendment Act 2015 introduces significant changes to the Water Act 2007, primarily concerning the regulation of surface water purchases by the Commonwealth. This Act applies to the Commonwealth and entities involved in water purchase contracts, particularly those related to surface water resources within the Murray-Darling Basin. The geographic scope of the Act is primarily national, as it pertains to water resources that are part of the Basin Plan, affecting multiple states. The Act imposes a strict 1,500 gigalitre limit on surface water purchases by the Commonwealth, ensuring that the cumulative volume of water purchased does not exceed this threshold. However, certain exceptions apply, such as contracts related to financial assistance for irrigation network rationalisation, water infrastructure activities, and purchases debited from the Water for the Environment Special Account. The Act also extends to contracts entered into between 2 February 2008 and 23 November 2012, as well as those made on or after 24 November 2012 for achieving the Commonwealth’s share of reducing the long-term average sustainable diversion limit. While the Act sets out specific provisions, its application can be further defined or extended through subordinate instruments, allowing for adaptability in its implementation.

Key Provisions

The Water Amendment Act 2015 (No. 133, 2015) amends the Water Act 2007 to introduce a 1,500 gigalitre limit on surface water purchases by the Commonwealth. Under section 85C, the Commonwealth is prohibited from entering into any water purchase contract that would cause the total of the long-term annual average quantities of water accessible under water access entitlements purchased under such contracts to exceed 1,500 gigalitres. This restriction applies unless the contract is an exception as outlined in subsection 85C(4). The limit is suspended once a report is given to the Minister under subsection 50(5) of the Water Act 2007. The Act also modifies the Basin Plan 2012 by including the participation of consumptive water users in projects aimed at improving water use efficiency off-farm, as detailed in the amendment to subparagraph 7.17(2)(b)(i). The obligations imposed by this Act on parties, primarily the Commonwealth, include ensuring that any new water purchase contracts do not breach the 1,500 gigalitre limit. The Act requires that the Commonwealth refrain from entering into contracts that would exceed this threshold unless they fall under specific exceptions. Additionally, the Act mandates the consideration of efficiency measures involving consumptive water users in projects designed to enhance water use efficiency. These obligations aim to balance water resource management with the need for flexibility in implementing efficiency measures. For breaches of the 1,500 gigalitre limit on surface water purchases, the Water Amendment Act 2015 does not explicitly detail specific offences, penalties, or consequences. However, the non-compliance with the legislative requirement would likely result in legal repercussions under the overarching Water Act 2007. This might include potential administrative actions, fines, or other sanctions as prescribed by the broader regulatory framework governing water management in Australia. The precise penalties would depend on the context and severity of the breach, as well as the specific provisions of the Water Act 2007.

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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.