Water Amendment Act 2018

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

Legislation au C2018A00053 In force Act

Legislation content

 

 

 

 

 

 

Water Amendment Act 2018

 

No. 53, 2018

 

 

 

 

 

An Act to amend the Water Act 2007, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Water Act 2007

 

 

 

Water Amendment Act 2018

No. 53, 2018

 

 

 

An Act to amend the Water Act 2007, and for related purposes

[Assented to 27 June 2018]

The Parliament of Australia enacts:

1  Short title

  This Act is the Water Amendment Act 2018.

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.  The whole of this Act

The earlier of:

(a) the day after this Act receives the Royal Assent; and

(b) 1 July 2018.

28 June 2018

(paragraph (a) applies)

Note: This table relates only to the provisions of this Act as originally enacted.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

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

 

Water Act 2007

1  Subsection 33(2)

After “section 48”, insert “or 49AA”.

2  At the end of Subdivision F of Division 1 of Part 2

Add:

49AA  Amendment of the Basin Plan that is the same in effect as an amendment that has been disallowed

 (1) The Minister may direct the Authority, in writing, to prepare an amendment of the Basin Plan if:

 (a) the amendment will be the same in effect as an earlier amendment of the Basin Plan (the earlier amendment) that:

 (i) has been disallowed (or is taken to have been disallowed) under subsection 42(1) or (2) of the Legislation Act 2003; and

 (ii) was prepared under this Subdivision (other than this section); and

 (b) the direction is given within the period of 12 months beginning on the day that the earlier amendment is disallowed (or is taken to have been disallowed); and

 (c) in the case that an earlier direction has been given under this subsection in relation to the earlier amendment—the amendment prepared in response to that earlier direction was not adopted by the Minister.

 (2) The Authority must comply with a direction under subsection (1) by preparing the amendment, and giving it to the Minister for adoption, as soon as practicable.

 (3) As soon as practicable after receiving the amendment, the Minister must either:

 (a) adopt, in writing, the amendment; or

 (b) give the Authority notice, in writing, that the Minister has decided not to adopt the amendment.

 (4) Sections 46 to 48 do not apply to an amendment of the Basin Plan that is to be prepared, or is prepared or adopted, in accordance with this section.

 (5) A direction under subsection (1) is a legislative instrument, but neither section 42 (disallowance) nor Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 applies to the direction.

 (6) For the purposes of (and without limiting) this section, including in the amendment one or more of the following changes does not prevent the amendment from being the same in effect as the earlier amendment:

 (a)  a change that is required because another amendment of the Basin Plan has commenced after the commencement of the earlier amendment;

 (b) a change that is required because a requirement under the Basin Plan has already occurred, or been met, after the commencement of the earlier amendment;

 (c) a change that causes the amendment to commence later than the earlier amendment.

Note: There are other kinds of changes that also do not prevent the amendment from being the same in effect as the earlier amendment. For example, minor or non‑substantive amendments of the kind specified for the purposes of paragraph 49(1)(a).

3  Subsection 175(1) (note)

Repeal the note, substitute:

Note: Other provisions enable the Minister to give directions about particular matters (for example, see subparagraphs 44(3)(b)(ii) and 48(3)(b)(ii) and subsection 49AA(1)). Those other powers to give directions may be subject to limitations.

4  Paragraph 251(2)(b)

After “section 48”, insert “or 49AA”.

5  After paragraph 251(2)(b)

Insert:

 (ba) the power to give a direction under subsection 49AA(1); or

6  After section 255B

Insert:

255C  Transitional provisions relating to amendments

  Schedule 10 has effect.

7  At the end of the Act

Add:

Schedule 10—Transitional provisions relating to amendments

Note: See section 255C.

Part 1—Transitional provisions relating to the Water Amendment Act 2018

 

1  Application of amendments

  The amendments made by Schedule 1 to the Water Amendment Act 2018 apply whether the earlier amendment of the Basin Plan was disallowed (or is taken to have been disallowed) under subsection 42(1) or (2) of the Legislation Act 2003 before, at or after the commencement of that Schedule.

Note: For the earlier amendment of the Basin Plan, see paragraph 49AA(1)(a) of this Act.

2  Transitional

 (1) This section applies if the Minister gives a direction under section 49AA for the Authority to prepare an amendment of the Basin Plan that is the same in effect as the Basin Plan Amendment Instrument 2017 (No. 1).

 (2) For the purposes of (and without limiting) that section, including in the amendment one or more of the following changes does not prevent the amendment from being the same in effect as the Basin Plan Amendment Instrument 2017 (No. 1):

 (a) an additional requirement in the definition of re‑allocation adjustment request in section 6.05 (as substituted by the amendment) of the Basin Plan that a request made before that substitution should be expressed to be made in anticipation of that substitution;

 (b) an additional requirement in subsection 6.05(13) (as substituted by the amendment) of the Basin Plan that requires the Authority to publish on its website variations to the SDL resource unit shared reduction amounts for SDL resource units in the relevant zones;

 (c) a change to section 7.14A (as inserted by the amendment) to reflect that the initial adjustments proposed in 2017 (as required by section 7.10 of the Basin Plan) have already occurred.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 10 May 2018

Senate on 18 June 2018]

 

(94/18)

 

Overview

The Water Amendment Act 2018 (C2018A00053) was enacted by the Parliament of Australia to amend the Water Act 2007. The Act addresses a specific problem identified in the disallowance of certain amendments to the Murray-Darling Basin Plan by the Parliament, which led to inconsistencies and legal uncertainties. By providing a mechanism for the Minister to direct the Murray-Darling Basin Authority to prepare amendments that are substantially the same as the disallowed amendments, the Act seeks to ensure that critical changes to water management in the basin can be implemented without further legislative hurdles. The policy objective is to maintain the integrity and effectiveness of water management in the Murray-Darling Basin, thereby ensuring sustainable water use and ecological health.

Scope and Application

The Water Amendment Act 2018 is an Act of the Parliament of Australia that amends the Water Act 2007, which governs the management and use of water resources in Australia. This amendment applies to the Australian Government, the Murray-Darling Basin Authority, and any person or entity involved in the preparation, adoption, or implementation of amendments to the Murray-Darling Basin Plan. The Act extends to the entire Commonwealth of Australia and aims to streamline the process of preparing amendments to the Basin Plan that are similar in effect to previously disallowed amendments. The Minister for Water Resources is empowered to direct the Basin Authority to prepare such amendments, which must then be adopted or rejected by the Minister within a specified timeframe. The Act also outlines transitional provisions to ensure the smooth application of the amendments, regardless of when the original disallowed amendments were made. The Act's provisions commenced on 28 June 2018, the earlier of Royal Assent or 1 July 2018.

Key Provisions

The Water Amendment Act 2018 primarily amends the Water Act 2007 by introducing new provisions to address the disallowance of certain Basin Plan amendments. Section 49AA of the Water Act 2007, newly inserted by the Act, allows the Minister to direct the Australian Competition and Consumer Commission (ACCC) to prepare an amendment to the Basin Plan if the amendment will have the same effect as a previously disallowed amendment. This direction must be given within 12 months of the disallowance of the earlier amendment and only if no amendment was adopted in response to a previous direction. The ACCC must comply with such a direction by preparing the amendment and submitting it to the Minister for adoption. The Minister then has the option to adopt the amendment or notify the ACCC in writing that they will not adopt it. Notably, sections 46 to 48 of the Water Act 2007 do not apply to amendments prepared under this new section. The obligations imposed by the Water Amendment Act 2007 on the parties involved, particularly the Minister and the ACCC, are clearly defined. The Minister is tasked with the responsibility of directing the ACCC to prepare an amendment to the Basin Plan if certain conditions are met. The ACCC, on the other hand, must comply with such a direction by preparing the amendment and submitting it to the Minister as soon as practicable. The Minister then has to decide whether to adopt the amendment or notify the ACCC that the amendment will not be adopted. These obligations are designed to ensure a streamlined process for amending the Basin Plan in the event of a disallowance, without the need to go through the full legislative process again. The Water Amendment Act 2018 does not explicitly outline specific offences, penalties, or consequences for breaches within the Act itself. However, the Act does mention that neither the disallowance process under the Legislation Act 2003 nor the sunsetting provisions in Part 4 of Chapter 3 of the Legislation Act 2003 apply to the direction issued under section 49AA of the Water Act 2007. This implies that while there may not be direct penalties specified within the Act, any failure to comply with the obligations set out in the Act could potentially lead to legal consequences under other relevant legislation or common law principles. The lack of specific penalties in this Act suggests that the focus is more on procedural compliance rather than punitive measures.

Legal classification tags

Area of Law
Environmental Law
Instrument
Act
Concepts
Commencement Provisions
Regulatory Standards
Enforcement Powers
Transitional Provisions

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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.