Water Legislation Amendment (Inspector-General of Water Compliance and Other Measures) (Approval by Referring States) Instrument 2021

Overview

The Water Legislation Amendment (Inspector-General of Water Compliance and Other Measures) (Approval by Referring States) Instrument 2021I, enacted in 2021, is a notifiable instrument designed to address the need for enhanced compliance and enforcement mechanisms within Australia's water legislation. This instrument was introduced by Keith Pitt, the Minister for Resources and Water, under the authority granted by the Water Legislation Amendment (Inspector-General of Water Compliance and Other Measures) Act 2021. It specifically confirms that the proposed amendments to the Water Act 2007, aimed at establishing an Inspector-General of Water Compliance, have been duly approved by all referring states, thereby facilitating a more robust and coordinated approach to water compliance and management across jurisdictions. The policy objective of this amendment is to ensure better oversight and enforcement of water regulations, ultimately contributing to more effective water resource management in Australia.

Scope and Application

The Water Legislation Amendment (Inspector‑General of Water Compliance and Other Measures) (Approval by Referring States) Instrument 2021 applies to the provisions of the Water Act 2007 as amended by the Water Legislation Amendment (Inspector‑General of Water Compliance and Other Measures) Act 2021. This instrument serves to confirm the approval of these amendments by all referring States, thus facilitating the implementation of the legislative changes across the Commonwealth. The amendments primarily concern the establishment of an Inspector‑General of Water Compliance, whose role will include overseeing and enforcing compliance with water-related laws and regulations. This applies to entities and persons involved in water management and usage, including water corporations, licence holders, and other stakeholders within the water industry. The instrument's geographic reach is national, encompassing all states and territories in Australia. The legislative amendments do not specify any exclusions or exemptions, implying that they apply broadly across the water sector unless otherwise noted in subordinate instruments. The application of this legislation is further extended or restricted through subordinate instruments which may provide additional details on enforcement and compliance mechanisms.

Key Provisions

The Water Legislation Amendment (Inspector-General of Water Compliance and Other Measures) (Approval by Referring States) Instrument 2021 (Instrument) (s.1) is a notifiable instrument under the Water Legislation Amendment (Inspector-General of Water Compliance and Other Measures) Act 2021, which amends the Water Act 2007 to include new measures for compliance and enforcement. Section 2 of the Instrument confirms that the Minister for Resources and Water, Keith Pitt, was satisfied on 12 July 2021 that the amendments had been approved by all referring States. These amendments primarily introduce measures to enhance the oversight and regulation of water compliance and introduce an Inspector-General of Water Compliance, who will have enhanced powers to ensure compliance with water laws. The obligations imposed by the Instrument on the parties or entities it governs primarily involve adherence to the new compliance and enforcement measures introduced by the Water Legislation Amendment Act 2021. This includes compliance with the provisions establishing the role of the Inspector-General of Water Compliance, who will have expanded powers to audit, investigate, and report on water compliance (s.3). Water users, such as farmers, industries, and local governments, are required to cooperate with the Inspector-General and comply with any directives issued under the new regime. Additionally, state and territory governments are mandated to support the implementation of these measures and to provide necessary information and resources to the Inspector-General. Breaches of the amended provisions of the Water Act 2007 can result in both civil and criminal consequences. For instance, individuals or entities found in breach of water compliance requirements may face fines and penalties. The maximum penalties vary depending on the nature and severity of the breach. For example, serious or repeated breaches may incur higher fines, and in cases of wilful or negligent conduct, criminal charges could be laid, leading to potential imprisonment. The specific penalties are outlined in the Water Act 2007 and any associated regulations, which have been amended to reflect the new compliance measures. Compliance with the requirements of the Inspector-General, such as providing requested information or refusing to comply with a directive, can also result in legal action, including court orders or fines.