Water Legislation Amendment (Sustainable Diversion Limit Adjustment) Act 2016

Overview

The Water Legislation Amendment (Sustainable Diversion Limit Adjustment) Act 2016 was enacted by the Parliament of Australia to address the need for adjustments to the long-term average sustainable diversion limits (SDLs) within the Murray-Darling Basin Plan 2012. This legislation specifically targets the notification of supply and efficiency measures that can be considered in proposing such adjustments, thereby ensuring that the management of water resources in the basin is responsive to evolving conditions and requirements. The policy objective of this Act is to facilitate timely and informed decision-making regarding SDLs by allowing for the consideration of additional measures that come into operation by 30 June 2024. This Act amends the Basin Plan 2012 to allow the Murray-Darling Basin Authority to propose adjustments to surface water SDLs in light of additional changes in infrastructure and other measures that will be operational by 30 June 2024. It also extends the timeframe for the notification of supply and efficiency measures to the Authority by the Basin Officials Committee, ensuring that the decision-making process for SDL adjustments is well-informed and timely. The Act ensures that these amendments do not impede the Basin Authority’s ability to further amend the Basin Plan under other provisions of the Water Act 2007.

Scope and Application

The Water Legislation Amendment (Sustainable Diversion Limit Adjustment) Act 2016 applies to the amendment of the Basin Plan 2012, which pertains to the management of water resources in the Murray-Darling Basin. The Act specifically targets the adjustment of the long-term average sustainable diversion limits (SDLs) by enabling the Murray-Darling Basin Authority to propose adjustments based on additional supply and efficiency measures. These measures, which can include new infrastructure or improved efficiency in water use, must be notified by the Basin Officials Committee to the Authority by 30 June 2017. The Act's provisions are designed to ensure that any adjustments to the SDLs take into account the latest developments in water supply and efficiency measures, with the aim of sustainably managing water resources in the Basin. The Act’s geographic reach is confined to the Murray-Darling Basin, and it does not include any specific exclusions or exemptions, though its application may be further refined through subordinate instruments or regulatory actions by the Murray-Darling Basin Authority.

Key Provisions

The Water Legislation Amendment (Sustainable Diversion Limit Adjustment) Act 2016 (C2016A00072) amends the Basin Plan 2012 by introducing new provisions related to the notification of supply and efficiency measures for the adjustment of long-term average sustainable diversion limits (SDLs). The most significant changes occur in Chapter 7 of the Basin Plan 2012, where the heading of Section 7.10 is altered to reflect the new timeline for proposing initial adjustments to SDLs (section 1). The definition of 'notified measure' in Section 7.02 is expanded to include references to section 7.12(1A) (section 2). The Basin Officials Committee is now empowered to notify the Murray-Darling Basin Authority of supply or efficiency measures between June 2016 and June 2017, which should be taken into account when proposing adjustments to SDLs (section 4 and 5). The amendment also extends the timeframe for the Authority to propose initial adjustments to SDLs to no later than 15 December 2017 (section 7). Additionally, the requirement for additional efficiency measures is now applicable to all notifications (section 8 to 11). The Act imposes specific obligations on the Murray-Darling Basin Authority and the Basin Officials Committee. The Authority is required to consider the notifications of supply or efficiency measures from the Basin Officials Committee when proposing adjustments to SDLs. The Basin Officials Committee must notify the Authority of the identified supply or efficiency measures by a specified deadline, ensuring these measures are considered in the adjustment process. Furthermore, the Authority must determine the efficiency contribution for 2017 and finalize the amounts for SDL adjustments within the prescribed timeframes. These obligations are designed to facilitate a more comprehensive and timely consideration of measures that could impact water resources management. Failure to comply with the provisions of the Water Legislation Amendment (Sustainable Diversion Limit Adjustment) Act 2016 may result in various civil or administrative penalties, although the specific penalties are not detailed within the Act itself. Generally, non-compliance with water management regulations can lead to enforcement actions by the relevant authorities, which may include fines, orders for remediation, or other corrective measures. The penalties for breaches would be determined based on the specific nature and severity of the non-compliance, in accordance with the Water Act 2007 and other applicable legislation.