Water Amendment (Review Implementation and Other Measures) Act 2016

Overview

The Water Amendment (Review Implementation and Other Measures) Act 2016, enacted on 4 May 2016 by the Parliament of Australia, amends the Water Act 2007 to implement the findings and recommendations from the independent review of the Water Act 2007 and other measures. This legislation addresses issues identified in the management and regulation of water resources, particularly in relation to the Murray-Darling Basin. It seeks to enhance the oversight and reporting mechanisms concerning the implementation of the Basin Plan and to incorporate Indigenous perspectives in water resource management. Additionally, it refines the conditions under which the Commonwealth Environmental Water Holder can dispose of water or Commonwealth environmental water holdings, ensuring that such actions align with environmental objectives and support the sustainable management of water resources. The policy objective of the Act is to improve the effectiveness of water resource management in Australia, particularly within the Murray-Darling Basin, by introducing amendments that respond to the outcomes of the independent review of the Water Act 2007. This includes strengthening the processes for reviewing the Basin Plan, ensuring the consideration of Indigenous matters in water resource planning, and clarifying the criteria for the disposal of Commonwealth environmental water holdings. By doing so, the Act aims to promote more sustainable and equitable water use, while also enhancing the accountability and transparency of water resource management decisions.

Scope and Application

The Water Amendment (Review Implementation and Other Measures) Act 2016 amends the Water Act 2007 and is applicable across the Commonwealth of Australia. The Act primarily targets the administration and management of water resources within the Murray-Darling Basin, impacting a broad range of stakeholders including the Murray-Darling Basin Authority, the Minister responsible for water resources, water resource plan preparers and accreditors, Indigenous communities, and the Commonwealth Environmental Water Holder. The Act extends to the social, economic, and environmental impacts of the Basin Plan, the accreditation of water resource plans, Indigenous matters relevant to Basin water resources, and the trading activities of the Commonwealth Environmental Water Holder. The Act’s provisions apply to amendments of the Basin Plan, water resource plans, and the management of Commonwealth environmental water holdings. Various sections of the Act commence on different dates, with some provisions taking effect immediately upon Royal Assent, while others are set to commence in 2020 and beyond. The Act does not specify any exclusions or thresholds but modifies existing definitions and sunset provisions to align with the Legislation Act 2003. Additionally, the Act repeals certain provisions and sections that have become obsolete or are no longer necessary, streamlining the legislative framework for water management in the Murray-Darling Basin.

Key Provisions

• The Water Amendment (Review Implementation and Other Measures) Act 2016 amends the Water Act 2007 to implement several changes and updates, enhancing the management and regulation of water resources in Australia, particularly focusing on the Murray-Darling Basin Plan. The main operative sections of the Act include amendments to the review and reporting requirements of the Water Act 2007 (sections 1-3 and schedule 1, item 1), which now require the Murray-Darling Basin Authority (Authority) to conduct and report on reviews of the Basin Plan. Notably, the first review must be completed by the end of 2020. The Act also modifies the accreditation process for water resource plans, stipulating that any amendments to the Basin Plan that affect water resource plan accreditations must be determined by the Minister through a notifiable instrument (schedule 1, items 10-13). Indigenous matters related to Basin water resources are expanded to include social, spiritual, and cultural considerations in the preparation of water resource plans (schedule 1, items 21-25). Additionally, the Act revises the trading rules for the Commonwealth Environmental Water Holder, ensuring that any disposal of water or Commonwealth environmental water holdings must align with specific objectives and conditions (schedule 1, items 26-29).
• The obligations imposed by the Water Amendment Act on various parties include the requirement for the Authority to conduct an annual analysis of the effectiveness of the Basin Plan and report the findings to the Minister, who must table the report in Parliament (Water Act 2007, as amended by schedule 1, items 5 and 6). The Minister must also determine whether amendments to the Basin Plan affect water resource plan accreditations (Water Act 2007, as amended by schedule 1, item 11). The Commonwealth Environmental Water Holder must adhere to specific conditions when disposing of water or Commonwealth environmental water holdings, ensuring compliance with environmental objectives and reporting requirements (Water Act 2007, as amended by schedule 1, items 26-29).
• Breach of the provisions outlined in the Water Amendment Act 2016 can result in civil and criminal consequences. For instance, failure to comply with the reporting requirements for water resource plans or the accreditation process may lead to penalties under the Water Act 2007. Additionally, the Act’s amendments to trading rules for the Commonwealth Environmental Water Holder include specific conditions for disposal of water holdings, and non-compliance with these conditions can result in legal repercussions. While the exact penalties are not specified in the Water Amendment Act 2016, they would typically be outlined in the Water Act 2007 or relevant regulations.

Legal classification tags

Area of Law

Environmental Law

Instrument

Act

Concepts

Commencement Provisions

Repeal & Amendment

Licensing & Registration

Reporting & Disclosure Obligations

Enforcement Powers

Indigenous Peoples & Native Title Law