Water (Indigenous Values and Uses) Direction 2018

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

Legislation au F2018L00891 Not in force Legislative Instrument

Legislation content

 

 

Explanatory Statement

 

Issued by Authority of the Minister for Agriculture and Water Resources

 

Water Act 2007

 

Water (Indigenous Values and Uses) Direction 2018

The Water Act 2007 (the Act) makes provision for the management of the water resources of the Murray-Darling Basin, and makes provision for other matters of national interest in relation to water and water information, and for related purposes.

The Water (Indigenous Values and Uses) Direction 2018 (Direction) is made under section 175 of the Act.

Under subsection 175(1) of the Act, the Minister may give directions, which must be consistent with the objects of the Act (which are set out in section 3 of the Act), to the Murray-Darling Basin Authority (the Authority) about the performance of the Authority’s functions.

The Direction directs the Authority to report publicly each year on how, when planning for environmental watering, the holders of held environmental water have considered Indigenous values and Indigenous uses and involved Indigenous people. This is consistent with the objects of the Act, including to provide for the collection, collation, analysis and dissemination of information about Australia’s water resources and the use and management of water in Australia (paragraph 3(h) of the Act).

Subsection 175(4) provides that a direction made under subsection 175(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.

Overview

In the Direction, the Minister is directing the Authority to report publicly each year on how, when planning for environmental watering, the holders of held environmental water have considered Indigenous values and Indigenous uses and involved Indigenous people. The Direction also requires that the Authority publish the report on its website within six months after the end of the water accounting period. The Authority will be required to provide the first report by 31 December 2019 which will be for the water accounting period commencing after 30 June 2018.

Purpose

The purpose of the Direction is to allow the Minister to direct the Authority, for each water accounting period, to report on how, when planning for environmental watering, holders of held environmental water have considered Indigenous values and Indigenous uses and involved Indigenous people.

Consultation

The Authority and Commonwealth Environmental Water Holder were consulted prior to the Direction being made by the Minister.

Regulation Impact Statement

There is no regulatory impact from this Direction because the Authority is not a regulated entity.

Details of the Water (Indigenous Values and Uses) Direction) 2018

Section 1   Provides that the name of the Direction is Water (Indigenous Values and Use) Direction 2018.

Section 2  Provides that the Direction commences on 1 July 2018.

Section 3 Provides that the Direction is made under section 175 of the Act.

Section 4 Provides that a number of expressions used in the instrument are defined in section 4 of the Act, including “Authority”, “Basin Plan”, “environmental watering”, “held environmental water”, “Indigenous Person” and “Murray-Darling Basin”. The section further provides that “Indigenous uses” has the meaning given by section 10.52 of the Basin Plan, that “Indigenous values” has the meaning given by section 10.52 of the Basin Plan and that “water accounting period” has the meaning given by section 3.08 of the Basin Plan. The definitions are provided below.

Authority has the meaning given by section 18A. Section 18A of the Act provides that the Authority means the MurrayDarling Basin Authority established by section 171 of the Act.

Basin Plan means the Basin Plan adopted by the Minister under section 44 (as amended from time to time).

environmental watering means the delivery or use of environmental water to achieve environmental outcomes. The terms ‘environmental water and environmental outcomes are defined in section 4 of the Act.

held environmental water means water available under:

(a) a water access right; or

(b) a water delivery right; or

(c) an irrigation right

for the purposes of achieving environmental outcomes (including water that is specified in a water access right to be for environmental use)

Indigenous person means a person who is:

(a) a member of the Aboriginal race of Australia; or

(b) a descendant of an Indigenous inhabitant of the Torres Strait Islands.

Indigenous uses means the social, spiritual and cultural uses of the water resources of the water resource plan area by Indigenous people

Indigenous values means the social, spiritual and cultural values of Indigenous people that relate to the water resources of the water resource plan area

Murray-Darling Basin has the meaning given by section 18A. Section 18A of the Act provides that the Murray-Darling Basin means the area falling within the boundary described in a particular dataset that is held by the Commonwealth.

water accounting period  under s 3.08 of the Basin Plan is defined in the following way: ‘The water accounting period for each water resource plan area is a financial year.

 

Section 5 Subsection 5(1) provides that for each water accounting period, the Authority must report on how, when planning for environmental watering in the Murray-Darling Basin, holders of held environmental water considered Indigenous values and Indigenous uses, and involved Indigenous people. Subsection 5(2) provides that the Authority must publish the report on its website within six months after the end of the water accounting period. Subsection 5(3) provides that the Direction applies to each water accounting period that commences after the water accounting period ending 30 June 2018.

Overview

The Water (Indigenous Values and Uses) Direction 2018 was introduced to address the need for greater recognition and integration of Indigenous values and uses in the management of Australia's water resources, particularly within the Murray-Darling Basin. Enacted under the authority of the Minister for Agriculture and Water Resources, this Direction operates under section 175 of the Water Act 2007, which allows the Minister to issue directives to the Murray-Darling Basin Authority regarding the performance of its functions. The primary objective of this Direction is to ensure that the Murray-Darling Basin Authority publicly reports annually on how holders of held environmental water consider Indigenous values and Indigenous uses, as well as the involvement of Indigenous people, when planning for environmental watering. This requirement aligns with the Act’s objectives to facilitate the collection and dissemination of information on water resources and their management, specifically highlighting the social, spiritual, and cultural aspects of Indigenous water use.

Scope and Application

The Water (Indigenous Values and Uses) Direction 2018, made under the Water Act 2007, applies to the Murray-Darling Basin Authority and pertains to the management of water resources in the Murray-Darling Basin. The primary focus of this Direction is to ensure that the Murray-Darling Basin Authority reports annually on how holders of held environmental water consider Indigenous values and Indigenous uses, and involve Indigenous people, when planning for environmental watering. This requirement applies to each water accounting period starting after 30 June 2018. The Authority must publish the report on its website within six months after the end of each water accounting period. The Direction is designed to align with the objects of the Water Act 2007, which include facilitating the collection and dissemination of information about Australia's water resources and their management. The definitions of terms such as "held environmental water," "Indigenous person," "Indigenous values," and "water accounting period" are provided in the Act and the Basin Plan, ensuring clarity in the implementation of the Direction. The Direction does not apply to any regulated entities, as the Murray-Darling Basin Authority is not a regulated entity under this Direction.

Key Provisions

The Water (Indigenous Values and Uses) Direction 2018 (section 5) outlines the main requirements for the Murray-Darling Basin Authority (Authority) in reporting on environmental watering. Each year, the Authority must prepare a report detailing how holders of held environmental water consider Indigenous values and uses, and how they involve Indigenous people when planning for environmental watering in the Murray-Darling Basin. This report must be published on the Authority's website within six months following the conclusion of each water accounting period. The Direction applies to water accounting periods that start after the period ending on 30 June 2018. The Direction imposes specific obligations on the Authority to ensure that their reports are comprehensive and timely. Firstly, they must include detailed information on the methods used by holders of held environmental water to consider Indigenous values and Indigenous uses in their planning for environmental watering. Secondly, the reports must reflect the involvement of Indigenous people in the decision-making processes related to environmental watering. Finally, the reports must be made publicly available, thereby ensuring transparency and accountability. These obligations are designed to foster a collaborative approach to water management that respects and incorporates Indigenous perspectives and practices. Under the Water Act 2007, failure to comply with the requirements set out in the Direction may result in various consequences. While specific penalties are not outlined in the Direction itself, non-compliance with statutory reporting requirements can generally lead to enforcement actions under the Water Act. These actions may include administrative penalties or other corrective measures to ensure that the Authority meets its obligations. Additionally, ongoing non-compliance could potentially result in broader legal consequences, including judicial review or other remedies available under the Act. In summary, the Water (Indigenous Values and Uses) Direction 2018 mandates the Murray-Darling Basin Authority to annually report on the consideration of Indigenous values and uses and the involvement of Indigenous people in environmental watering planning. The reports must be published within six months after each water accounting period ends and apply to periods beginning after 30 June 2018. Non-compliance with these obligations may lead to enforcement actions and other legal consequences under the Water Act 2007.

Legal classification tags

Area of Law
Environmental Law
Instrument
Direction
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Indigenous Peoples & Native Title Law

Interactions

Authorises

All Versions

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.