Water (Indigenous Values and Uses) Repeal Direction 2024

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

Legislation au F2024L00992 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT 

 

Issued by Authority of the Minister for the Environment and Water 

 

Water Act 2007

 

Water (Indigenous Values and Uses) Repeal Direction 2024

 

Legislative Authority 

 

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

 

Under section 175 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.

 

Subsection 33(3) of the Acts Interpretation Act 1901 relevantly provides that where an Act confers a power to make an instrument of a legislative character the power shall be construed as including a power exercisable in the like manner and subject to the like conditions to repeal any such instrument.

 

Purpose 

 

The purpose of the Water (Indigenous Values and Uses) Repeal Direction 2024 (the Repeal Direction) is to repeal the Water (Indigenous Values and Uses) Direction 2018 (the Direction).

 

Background 

 

The Direction required 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 required that the Authority publish the report on its website within six months after the end of the water accounting period.

 

The Direction is now redundant due to reforms to the Act introduced by the Water Amendment (Restoring Our Rivers) Act 2023. The reforms incorporate the content of the Direction into the new reporting requirements under sections 85E and 85F of the Act. While at the time the Direction was necessary for reporting purposes, this is no longer the case.

 

Impact and Effect 

 

The regulatory impact of the Repeal Direction is minor or machinery in nature and only relates to internal Government regulation. The Repeal Direction will prevent the duplication of reporting requirements on the Murray-Darling Basin Authority.

 

 

 

Consultation 

 

The Murray-Darling Basin Authority and the Commonwealth Environment Water Holder were consulted prior to the Repeal Direction being made by the Minister.

The Office of Impact Analysis was consulted on the requirement for a Regulatory Impact Statement (RIS). It was determined that a RIS was not required as the repeal of the Direction does not remove reporting requirements but replaces the mode of reporting. The reporting requirement is now legislated in the Water Amendment (Restoring Our Rivers) Act 2023.

A Regulatory Impact Statement (RIS) was not required for the Direction – OIA24-07510 reference refers.

Details/ Operation 

 

Details of the Repeal Direction are set out in Attachment A. 

 

Subsection 175(4) of the Act 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 a direction. It is appropriate that the Repeal Direction is not subject to disallowance or sunsetting, because such directions are required for the proper performance of the Authority and are necessary for the Minister to exercise oversight over its functions.

 

Other 

 

As the Repeal Direction is not subject to section 42 of the Legislation Act 2003, subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 provides that a statement of compatibility is not required.

 

The Repeal Direction is a legislative instrument for the purposes of the Legislation Act 2003.


ATTACHMENT A 

 

Details of the Water (Indigenous Values and Uses) Repeal Direction 2024

 

Section 1 – Name 

 

This section provides that the name of the legislative instrument is the Water (Indigenous Values and Uses) Repeal Direction 2024. 

 

Section 2 – Commencement 

 

This section provides for the instrument to commence on the day after it is registered on the Federal Register of Legislation.

 

Section 3 – Authority  

This section provides that the instrument is made under section 175 of the Act which allows the Minister to give directions, that 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.

In addition, subsection 33(3) of the Acts Interpretation Act 1901 relevantly provides that where an Act confers a power to make an instrument of a legislative character the power shall be construed as including a power exercisable in the like manner and subject to the like conditions to repeal any such instrument. 

 

Section 4 – Schedules 

 

This section enables Schedule 1 to this instrument, which contains the provision repealing the Water (Indigenous Values and Uses) Direction 2018.

 

Schedule 1 – Repeals 

 

Item 1  

 

This item repeals the entirety of the Water (Indigenous Values and Uses) Direction 2018. 

 

Overview

The Water (Indigenous Values and Uses) Repeal Direction 2024, issued under the Water Act 2007, aims to repeal the Water (Indigenous Values and Uses) Direction 2018. This repeal arises from the Water Amendment (Restoring Our Rivers) Act 2023, which has integrated the content of the 2018 Direction into new legislative reporting requirements under sections 85E and 85F of the Act. The Direction originally mandated the Murray-Darling Basin Authority to annually report on the consideration of Indigenous values and uses in environmental water planning, and to publish these reports on its website. Given the legislative reforms, the Direction has become redundant, and its repeal is intended to prevent duplication of reporting requirements, ensuring more streamlined and efficient regulation. The repeal direction was made by the Minister for the Environment and Water, with consultation from the Murray-Darling Basin Authority and the Commonwealth Environment Water Holder, and does not require a Regulatory Impact Statement or a statement of compatibility under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Water (Indigenous Values and Uses) Repeal Direction 2024 applies to the Murray-Darling Basin Authority, requiring it to cease the reporting obligations outlined in the previous Water (Indigenous Values and Uses) Direction 2018. This repeal is necessary as the requirements have been integrated into the Water Amendment (Restoring Our Rivers) Act 2023, which introduces new statutory reporting requirements under sections 85E and 85F of the Water Act 2007. The geographic reach of this repeal is confined to the Murray-Darling Basin, which is of national significance in Australia. The repeal does not affect other entities or industries outside of the Basin's management framework. There are no stated exclusions or exemptions within the Repeal Direction itself, but it is noted that the repeal does not eliminate the need for reporting; it merely changes the method of reporting. The Repeal Direction is a legislative instrument and is not subject to disallowance or sunsetting, ensuring that the Murray-Darling Basin Authority can continue to operate within the reformed legislative framework without unnecessary bureaucratic delays.

Key Provisions

The Water (Indigenous Values and Uses) Repeal Direction 2024 (the Repeal Direction) under the Water Act 2007 (the Act) (section 175) is a legislative instrument made by the Minister for the Environment and Water. This direction serves to repeal the Water (Indigenous Values and Uses) Direction 2018 (the Direction) which previously required the Murray-Darling Basin Authority (the Authority) to report annually on how environmental water holders considered Indigenous values and Indigenous uses when planning for environmental watering, as well as involving Indigenous people in this process (section 4). This annual report had to be made public and published on the Authority’s website within six months after the end of the water accounting period. The Repeal Direction is necessary as the reforms introduced by the Water Amendment (Restoring Our Rivers) Act 2023 have incorporated the content of the Direction into the new reporting requirements under sections 85E and 85F of the Act, rendering the Direction redundant. The Repeal Direction imposes obligations on the Authority to ensure that it no longer adheres to the requirements set out in the Direction. Instead, the Authority must now comply with the new legislative requirements established under sections 85E and 85F of the Act. These new provisions necessitate that the Authority report on Indigenous values and uses in a manner that aligns with the reformed legislative framework, thus streamlining the reporting process and reducing duplication. There are no specific offences, penalties, or civil/criminal consequences outlined in the Repeal Direction itself. However, any failure to comply with the new reporting requirements under sections 85E and 85F of the Act could potentially result in enforcement actions under the Water Act 2007. Such actions could include administrative penalties or other corrective measures as deemed necessary by the relevant authorities. The Repeal Direction is not subject to disallowance or sunsetting, reflecting its necessity for the proper oversight and functioning of the Authority as per subsection 175(4) of the Act. Furthermore, given that the Repeal Direction does not remove existing reporting obligations but rather modifies the method of reporting, it is not subject to the requirements for a Regulatory Impact Statement or a statement of compatibility under the Legislation Act 2003 and the Human Rights (Parliamentary Scrutiny) Act 2011 respectively.

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Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Repeal & Amendment
Reporting & Disclosure Obligations

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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.