Basin Plan 2012

The WQM Plan must identify the water quality target values for the water resource plan area.

The water quality target values are the following:

for fresh water‑dependent ecosystems—the applicable target values referred to in section 9.16;

for irrigation water—the target values for water quality characteristics set out in section 9.17;

for water used for recreational purposes—the values set out in section 9.18.

The ADWG sets out standards for the quality of raw water for treatment for human consumption.

However, if the objectively determined actual value of a water quality characteristic at a site is better than the target value identified in subsection (2), then the target value is that better value.

See the objective in section 9.08.

The WQM Plan may specify an alternative water quality target value if:

it is consistent with the water quality objectives in Part 3 of Chapter 9; and

it is determined in accordance with the procedures set out in the ANZECC Guidelines; and

either:

the alternative target value provides a better level of protection than the value that would apply under subsection (2) or (3), as applicable; or

the WQM Plan sets out reasons why the alternative target value will be as effective in achieving the objectives in Part 3 of Chapter 9; or

the WQM Plan sets out reasons why the target value in subsection (2) or (3), as applicable, is inappropriate for the water resource plan area; and

for a water resource that is also covered by a water resource plan area of another Basin State—it is developed in consultation with that State.

The WQM Plan must specify measures to be undertaken in or in relation to the water resources of the water resource plan area that contribute to the achievement of the objectives set out in:

section 9.04 (Objectives of water‑dependent ecosystems); and

section 9.05 (Objectives for raw water for treatment for human consumption); and

section 9.06 (Objective for irrigation water); and

section 9.07 (Objective for recreational water quality); and

section 9.08 (Objective to maintain good levels of water quality);

The measures must be prepared having regard to:

the causes, or likely causes, of water quality degradation identified in accordance with section 10.30; and

target values identified in accordance with section 10.32; and

the targets in Division 4 of Part 4 of Chapter 9.

The measures may include land management measures.

Chapter 9 contains both water quality objectives and water quality targets. A WQM Plan must specify measures that contribute to the achievement of the objectives. The targets are relevant only to the extent that subsection (2) requires that the measures be prepared having regard to the targets. This section does not require a WQM Plan to set out measures designed to achieve the targets.

See also subsections 22(9) to (12) of the Act.

the impact those measures (including the absence of adequate measures) may have on the ability of another Basin State to meet water quality targets; and

any adverse impacts those measures may have on Basin water resources in the other Basin State.

See also the consultation requirement in subsection 63(2) of the Act.

The WQM Plan must identify the water quality target values for the water resource plan area.

The water quality target values are the following:

for fresh water‑dependent ecosystems—the applicable target values referred to in section 9.16;

for irrigation water—the target values for water quality characteristics set out in section 9.17;

for water used for recreational purposes—the values set out in section 9.18.

However, the WQM Plan may specify alternative water quality target values if they are consistent with the water quality objectives in Part 3 of Chapter 9.

In preparing the WQM Plan, regard must be had to whether it is desirable for it to include rules or measures that support the maintenance of water quality within groundwater SDL resource units against the effects of elevated levels of salinity and other types of water quality degradation, taking into account the causes, or likely causes, of water quality degradation identified under section 10.35A and the water quality target values identified under section 10.35B.

Without limiting subsection (1), regard must be had to whether it is desirable for the WQM Plan to include rules or measures that specify:

the times, places and rates at which water is permitted to be taken from a groundwater SDL resource unit; and

resource condition limits, being limits beyond which the taking of groundwater from the groundwater SDL resource unit will result in an elevated level of salinity or another type of water quality degradation; and

restrictions on the water permitted to be taken (including the times, places and rates at which water may be taken) in order to prevent a resource condition limit from being exceeded; and

a requirement to establish and maintain a register which identifies the sites of bores used to monitor salinity or other water quality characteristics in the groundwater SDL resource unit.

If the outcome of the requirement in subsection (1) is that such rules or measures are desirable, the WQM Plan must include those rules or measures, or explain why they have not been included.

the NSW Murray‑Darling Basin Porous Rock water resource plan area, in relation to the Western Porous Rock, Gunnedah‑Oxley Basin MDB and Sydney Basin MDB SDL resource units;

the Goulburn‑Murray water resource plan area, in relation to the Goulburn‑Murray: Sedimentary Plain SDL resource unit.

The objective set out in section 10.35C is that water quality within a groundwater SDL resource unit is maintained against the effects of elevated levels of salinity and other types of water quality degradation.

A water resource plan must set out the circumstances in which trade between 2 locations within a groundwater SDL resource unit is permitted. In setting out the circumstances, a water resource plan must ensure that each condition set out in section 12.24 will be met in relation to the proposed trade.

If the water resource plan applies a conversion rate to meet the condition in paragraph 12.24(d), the water resource plan must either:

specify the conversion rate; or

set out the way in which the conversion rate will be determined from time to time and made generally available.

A water resource plan must set out the circumstances in which trade between 2 groundwater SDL resource units is permitted. In setting out the circumstances, a water resource plan must ensure that each condition set out in section 12.25 will be met in relation to proposed trade.

If the water resource plan applies a conversion rate to meet the condition in paragraph 12.25(e), the water resource plan must either:

specify the conversion rate; or

set out the way in which the conversion rate will be determined from time to time and made generally available.

A water resource plan must set out the circumstances in which trade between a groundwater SDL resource unit and a surface water SDL resource unit is permitted. In setting out the circumstances, a water resource plan must ensure that each condition set out in section 12.26 will be met in relation to proposed trade.

If the water resource plan applies a conversion rate to meet the condition in paragraph 12.26(e), the water resource plan must either:

specify the conversion rate; or

set out the way in which the conversion rate will be determined from time to time and made generally available.

A water resource plan must be prepared having regard to current and future risks to the condition and continued availability of the water resources of the water resource plan area.

Without limiting subsection (1), the risks include (where applicable):

risks to the capacity to meet environmental watering requirements; and

risks arising from the matters referred to in subsection 10.20(1); and

risks arising from potential interception activities; and

risks arising from elevated levels of salinity or other types of water quality degradation.

In identifying risks for the purposes of subsection (1), regard must be had to:

risks identified in section 4.02; and

any guidelines published by the Authority in relation to risk identification and risk assessment.

The water resource plan must list the risks identified for the purposes of subsection (1).

The water resource plan must assess each risk.

The water resource plan must define the level of risk of each risk, using the following categories:

low;

medium;

high;

if it is considered appropriate, any additional category.

The water resource plan must describe the data and methods used to identify and assess the risks.

The water resource plan must describe any quantified uncertainties in the level of risk attributed to each risk, including the results of any sensitivity analysis.

each risk which is defined in accordance with subsection 10.41(6) as having a medium or higher level of risk; and

factors that contribute to those risks.

If a water resource plan defines a risk in accordance with subsection 10.41(6) as having a medium or higher level of risk, the water resource plan must either:

describe a strategy for the management of the water resources of the water resource plan area to address the risk in a manner commensurate with the level of risk; or

explain why the risk cannot be addressed by the water resource plan in a manner commensurate with the level of risk.

If the water resource plan identifies a risk which relates to a matter dealt with by a requirement in another Part of this Chapter, the strategy must take account of that requirement.

A water resource plan must be prepared having regard to:

the strategies listed in subsection 4.03(3); and

any guidelines published by the Authority in accordance with section 4.04.

The Authority may publish guidelines in accordance with section 4.04 in relation to the implementation of strategies to manage or address risks identified in section 4.02.

the best estimate of the total long‑term annual average quantity of water taken that is measured;

the best estimate of the total long‑term annual average quantity of water taken that is not measured;

how the quantities under paragraphs (a) and (b) were calculated;

the proportion of the quantity referred to in paragraph (a) that is measured in accordance with standards for measuring agreed by the Basin States and the Commonwealth.

A water resource plan must specify measures for maintaining and, if practicable, improving:

the proportion of take that is measured in the water resource plan area; and

the standard to which take is measured.

The water resource plan must specify the timeframe for implementing the measures.

A water resource plan must specify the monitoring of the water resources of the water resource plan area that will be done to enable the Basin State to fulfil its reporting obligations under section 13.14.

Nothing in this section limits the capacity of the Basin State to conduct other monitoring of the water resources of a water resource plan area.

the effectiveness of the implementation of the rules of the water resource plan; and

the extent to which the rules achieve the objectives mentioned in sections 10.21 and 10.35C.

See also section 65 of the Act.

A water resource plan must be based on the best available information.

The water resource plan must identify and describe the significant sources of information on which the water resource plan is based.

A water resource plan must describe how the water resources of the water resource plan area will be managed during the following types of events:

an extreme dry period;

a water quality event of an intensity, magnitude and duration that is sufficient to render water acutely toxic or unusable for established local uses and values;

any type of event that has resulted in the suspension of a statutory regional water plan in the past 50 years (including a transitional water resource plan or interim water resource plan).

If an event of a type listed in subsection (1) would compromise a Basin State’s ability to meet critical human water needs in the water resource plan area, the water resource plan must set out measures to meet critical human water needs during such an event.

The water resource plan must provide that, if new scientific information suggests a change in the likelihood of an event of a type listed in subsection (1) occurring (for example, due to climate change), consideration must be given to whether, as a result of this new information, the water resources should be managed differently.

If a water resource plan is prepared by a Basin State, it is expected that the Authority will consult with relevant Indigenous organisations in relation to whether the requirements of this Part have been met, for the purposes of paragraph 63(3)(b) of the Act.

A water resource plan must identify:

the objectives of Indigenous people in relation to managing the water resources of the water resource plan area; and

the outcomes for the management of the water resources of the water resource plan area that are desired by Indigenous people.

In identifying the matters set out in subsection (1), regard must be had to:

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

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

A person or body preparing a water resource plan may identify opportunities to strengthen the protection of Indigenous values and Indigenous uses in accordance with the objectives and outcomes identified under subsection (1), in which case the opportunities must be specified in the water resource plan.

A water resource plan must be prepared having regard to the views of relevant Indigenous organisations with respect to the matters identified under section 10.52 and the following matters:

native title rights, native title claims and Indigenous Land Use Agreements provided for by the Native Title Act 1993 in relation to the water resources of the water resource plan area;

registered Aboriginal heritage relating to the water resources of the water resource plan area;

inclusion of Indigenous representation in the preparation and implementation of the plan;

Indigenous social, cultural, spiritual and customary objectives, and strategies for achieving these objectives;

encouragement of active and informed participation of Indigenous people;

risks to Indigenous values and Indigenous uses arising from the use and management of the water resources of the water resource plan area.

For examples of the principles that may be applied in relation to the participation of Indigenous people, see the document titled ‘MLDRIN and NBAN Principles of Indigenous Engagement in the Murray‑Darling Basin’.

In this section, registered Aboriginal heritage means Aboriginal heritage registered or listed under a law of a Basin State or the Commonwealth that deals with the registration or listing of Aboriginal heritage (regardless of whether the law deals with the listing of other heritage).

a transitional water resource plan for the water resource plan area; or

an interim water resource plan for the water resource plan area.

See subsection 86A(2) of the Act for the meaning of critical human water needs.

This section sets out a simplified outline of this Chapter.

This Chapter sets out the following matters in relation to critical human water needs (sections 86B, 86C, 86D and 86E of the Act):

the amount of water required to meet critical human water needs, and the water quality and salinity trigger points (Part 2);

monitoring, assessment and risk management relating to critical human water needs (Part 3);

matters in relation to Tier 2 water sharing arrangements (Part 4);

matters in relation to Tier 3 water sharing arrangements (Part 5).

New South Wales—61 GL per water accounting period;

Victoria—77 GL per water accounting period;

South Australia—204 GL per water accounting period.

The amount specified in this section is based on observed losses from the major storages and the River Murray upstream of the South Australian border during years of low water availability. The amount specified in this section also includes the amount specified in clause 88(b) of the Agreement.

See subsection 86A(4) of the Act for the meaning of conveyance water.

This section specifies water quality trigger points and salinity trigger points at which water in the River Murray System becomes unsuitable for meeting critical human water needs.

Section 86F of the Act provides for emergency responses when a water quality trigger point or a salinity trigger point specified in this Part is reached.

A salinity trigger point is reached if a member of the Basin Officials Committee advises the Authority that:

a water supply authority has taken raw water from the River Murray System, at any site at or upstream from Wellington, for the purpose of treatment and supply for human consumption; and

the level of salinity in that water is 1,400 EC (µS/cm) or greater.

A water quality trigger point is reached if a member of the Basin Officials Committee advises the Authority that:

a water supply authority has taken raw water from the River Murray System, at any site at or upstream from Wellington, for the purpose of treatment and supply for human consumption; and

the level of a water quality characteristic of the water makes it impracticable for the water supply authority to treat the water so that it meets the relevant guideline values set out in the ADWG; and

it is expected that it will continue to be impracticable to treat the water so that it meets the relevant guideline values set out in the ADWG.

For the purposes of paragraph 86C(1)(a) of the Act, arrangements for monitoring matters that are relevant to critical human water needs are dealt with in Chapter 13.

The process by which the Authority must assess inflow prediction for the River Murray System involves:

monitoring the volume of inflow; and

having regard to the best available information about likely inflow, including:

tributary inflow estimates provided by the Basin States; and

information about daily, monthly and seasonal rainfall, temperature and climate; and

regularly reviewing trends in climate and inflow patterns.

The processes by which the Authority must assess inflow prediction, in relation to works that are under the control of the body that is entitled, under the Snowy Hydro Corporatisation Act 1997 of New South Wales, to the Snowy water licence within the meaning of that Act, are set out in Part III of Schedule F to the Agreement.

The Authority must use the processes set out in subsections (1) and (2) to prepare a range of predictions of possible inflow into the River Murray System.

The Authority must manage the risks to critical human water needs in the River Murray System associated with inflow prediction in accordance with this section.

Based on the inflow predictions and other information mentioned in section 11.06 and the forecasts of water quality mentioned in paragraph 11.08(1)(e), the Authority must identify risk factors and assess the risks of the following events:

the full amount of the amount of conveyance water specified in section 11.04 will not be available;

the full amount of water to be reserved under subsection 11.12(2) will not be available;

water quality and salinity trigger points under section 11.05 will be reached.

If the Authority’s assessment of inflow prediction indicates that advances under clause 102C of, or Schedule H to, the Agreement may be required in a water accounting period, the Authority must identify and assess the risks to critical human water needs associated with such advances.

The Authority must manage the risks to critical human water needs associated with inflow prediction by managing the operation of the River Murray System in accordance with the Agreement having regard to:

the efficient and effective operation of the River Murray System; and

the need to operate the River Murray System so as to ensure that there is water in the system that is of a suitable quality to meet critical human water needs; and

the water quality and salinity trigger points under section 11.05; and

the need to undertake water resource assessments, including worst case planning water resource assessments; and

the Authority’s obligations under clause 50 of the Agreement; and

the need to set aside, and draw upon, a conveyance reserve in accordance with Division 2 of Part 4 of this Chapter; and

the need to operate the River Murray System in co‑ordination with the operation of:

works that are under the control of the body that is entitled, under the Snowy Hydro Corporatisation Act 1997 of New South Wales, to the Snowy water licence within the meaning of that Act; and

tributaries of the River Murray System, in particular the operation of the Goulburn River in Victoria and the Murrumbidgee River in New South Wales; and

the Menindee Lakes Storage when it is under the control of New South Wales.

The Authority’s risk management approach for inter‑annual planning relating to arrangements for critical human water needs must be based on:

the reserves policy specified in Division 2 of Part 4; and

the inflow predictions and other information mentioned in section 11.06; and

the risk assessments made, the risk management approaches and measures adopted, and the information gathered under section 11.07; and

the efficient operation of the River Murray System in accordance with the Agreement and the ‘Objectives and Outcomes’ document prepared under clause 31 of the Agreement; and

monitoring and forecasting of water quality in the River Murray System and communication between the Authority, Basin States and private providers of data about water quality.

The Authority must have regard to:

water resource assessments; and

accounts kept by the Authority in accordance with Subdivision D of Division 1 of Part XII of the Agreement;

the volume of water to be made available to the Basin States, in a particular year; and

whether water is set aside in the conveyance reserve for future years.

Part XII of the Agreement will also apply to the Authority in making such decisions.

A Basin State must have regard to advice from the Authority regarding the volume of water to be made available to it in a particular year, when making decisions about whether water is made available for uses other than meeting critical human water needs.

When Tier 3 water sharing arrangements apply, the Ministerial Council must have regard to the water accounts and water resource assessments when making decisions about:

whether water is made available, in a particular year, for uses other than meeting critical human water needs; and

whether water is set aside in the conveyance reserve for future years.

Part 5 of this Chapter deals with when Tier 3 water sharing arrangements commence and when they cease to apply.

See Division 2 of Part XII of the Agreement for Tier 2 water sharing arrangements.

If the Authority is satisfied that either subsection (2) or subsection (3) applies, it may, by a notice published on its website:

declare which of the subsections applies; and

declare that Tier 1 water sharing arrangements cease, and Tier 2 water sharing arrangements enter into effect from the date specified in the notice.

See Division 1 of Part XII of the Agreement for Tier 1 water sharing arrangements.

Tier 2 water sharing arrangements can also commence under subsection 11.16(1) if Tier 3 arrangements cease to apply.

This subsection applies if at any time between the first day in June and the last day in August of the same water accounting period, the worst case planning water resource assessment indicates that the balance of the amount of conveyance water specified in section 11.04 cannot be supplied for the remainder of that water accounting period.

This subsection applies if at any time between the first day in September and the last day in May of the same water accounting period, the worst case planning water resource assessment indicates that the amount of water required to be reserved under subsection 11.12(2) cannot be set aside by the end of that water accounting period.

In deciding whether subsection (2) or subsection (3) applies, no advances under clause 102C of the Agreement are to be taken into account.

If Tier 2 water sharing arrangements are in effect, but the Authority is satisfied that subsection (2) applies, it may, by a notice published on its website:

declare that the subsection applies; and

declare that Tier 2 water sharing arrangements cease, and Tier 1 water sharing arrangements enter into effect, on the date specified in the notice.

This subsection applies if:

no measures taken under the Tier 2 and 3 water sharing arrangements in Schedule H to the Agreement are in effect, and in particular:

any advances under clause 7 of that Schedule have been acquitted; and

there is no plan of action in place under clause 8 of the Schedule; and

there is no remedial action outstanding under clause 10 of the Schedule; and

the worst case planning water resource assessment indicates that:

the balance of the amount of conveyance water specified in section 11.04 can be supplied for the remainder of the current water accounting period; and

the amount of water specified in subsection 11.12(2) can be set aside by the end of the current water accounting period; and

the Basin Officials Committee has not determined that an advance is required in the current water accounting period.

For subsection 86D(2) of the Act, the shortfall in conveyance water is 620 GL in each year.

The amount is based on the conveyance water amount set in section 11.04 and a minimum historical inflow of 980 GL. The Authority may, under Subdivision F of Division 1 of Part 2 of the Act, prepare an amendment to this provision if the Ministerial Council approves another amount.

For subparagraph 86D(1)(c)(i) of the Act, the annual volume of water required to be reserved by the end of a water accounting period to meet the shortfall in conveyance water is 225 GL.

The amount is based on hydrological modelling. The Authority may, under Subdivision F of Division 1 of Part 2 of the Act, prepare an amendment to this provision if the Ministerial Council approves another amount based on different models or modelling assumptions.

For subparagraph 86D(1)(c)(ii) of the Act, the volume of water specified in subsection (2) must not vary between years.

For subparagraph 102D(2)(a)(ii) of the Agreement, the volume determined in accordance with the Basin Plan is the volume of water specified in subsection (2).

While the volume of water specified in subsection 11.12(2) does not vary between years, the volume of water in the conveyance reserve may vary from time to time, owing to the use of the conveyance reserve in accordance with this Part and changes in applicable water sharing arrangements. See section 11.13.

The volume of water specified in subsection 11.12(1) has been determined by the Authority in accordance with subsection 86D(2) of the Act on the basis of the minimum inflow sequence to the River Murray System (used by the Authority for planning purposes) including minimum inflows from the Murrumbidgee, Darling and Goulburn Rivers.

South Australia has the rights provided for in clauses 91 and 130 of the Agreement to store its entitlement to water.

Without limiting the operation of Part XII of the Agreement, New South Wales and Victoria have the right to carry over water in storage described in paragraph 135(14)(a) of the Agreement.

New South Wales, Victoria and South Australia are each responsible for meeting the critical human water needs of that State and for deciding how water from their respective water share is used.

See Division 3 of Part XII of the Agreement for Tier 3 water sharing arrangements.

If the Authority is satisfied that either subsection (2) or subsection (3) applies, it may, by a notice published on its website:

declare which of the subsections applies; and

declare that Tier 1 or Tier 2 water sharing arrangements cease, and Tier 3 water sharing arrangements enter into effect, on the date specified in the notice.

This subsection applies if, in either:

circumstances of extreme and unprecedented low levels of water availability in the River Murray System; or

circumstances in which there is an extremely high risk that water will not be available in the River Murray System to meet critical human water needs in the next 12 months;

the worst case planning water resource assessment indicates that at least one of the amounts of water specified in section 11.03 cannot be supplied by the end of the current water accounting period; or

the worst case planning water resource assessment indicates that the amount of water specified in section 11.04 cannot be supplied by the end of the current water accounting period, taking into account the use of any advances under clause 102C of the Agreement and the use of any remedial action undertaken in accordance with clause 10 of Schedule H to the Agreement.

This subsection applies if, in circumstances of extreme and unprecedented poor water quality in the water available in the River Murray System to meet critical human water needs, a water quality or salinity trigger point specified in subsection 11.05(2) or (3) is reached.

If Tier 1 water sharing arrangements cease in accordance with paragraph (1)(b), Tier 2 water sharing arrangements are:

taken to have entered into effect immediately upon the cessation of Tier 1 water sharing arrangements; and

taken to have ceased immediately afterwards.

If Tier 3 water sharing arrangements are in place, but the Authority is satisfied that subsections (3) and (4) apply, it may, by a notice published on its website:

declare that both the subsections apply; and

declare that Tier 3 water sharing arrangements cease, and Tier 2 water sharing arrangements enter into effect, on the date specified in the notice.

If the Authority is satisfied that subsections (3) and (4) apply and also that subsection 11.10(2) is satisfied, it may, by a notice published on its website:

declare that all the subsections apply; and

declare that Tier 3 water sharing arrangements cease to have effect, and Tier 1 water sharing arrangements enter into effect, on the date specified in the notice.

This subsection applies if the worst case planning water resource assessment indicates that:

the amounts of water specified in section 11.03 can be supplied by the end of the current water accounting period; and

the amount of conveyance water specified in section 11.04 can be supplied by the end of the current water accounting period, taking into account the use of any advances under clause 102C of the Agreement and the use of any remedial action undertaken in accordance with clause 10 of Schedule H to the Agreement.

This subsection applies if:

raw water has been taken by a water supply authority in accordance with paragraph 11.05(2)(a) and the level of salinity in that water is less than 1,400 EC (µS/cm); and

raw water has been taken by a water supply authority in accordance with paragraph 11.05(3)(a) and:

the levels of water quality characteristics of the water would make it practicable for the water supply authority to treat the water so that it meets the relevant guideline value set out in the ADWG; and

it is expected that it would continue to be practicable to treat the water so that it meets the relevant guideline values set out in the ADWG.

If Tier 1 water sharing arrangements enter into effect in accordance with subsection (2), Tier 2 water sharing arrangements are:

taken to have entered into effect immediately upon the cessation of Tier 3 water sharing arrangements; and

taken to have ceased immediately afterwards.

This section sets out a simplified outline of this Chapter.

This Chapter sets out the water trading rules (item 12 of the table in subsection 22(1) of the Act) which deal with the following:

restrictions on the trade of tradeable water rights (Part 2);

information which must be given by irrigation infrastructure operators in relation to water delivery rights and irrigation rights (Part 3);

disclosure obligations of approval authorities (Part 4);

information which must be made available by Basin States and irrigation infrastructure operators (Part 5).

This Chapter does not apply to water access rights of a kind that are not able to be traded under State water management law.

Sections 12.07, 12.08, 12.09 and 12.14 do not prevent the application of restrictions on a trade of a water access right if:

the restrictions satisfy subsection (3); and

the trade satisfies subsection (4).

For paragraph (2)(a), restrictions satisfy this subsection if they are imposed in furtherance of an agreement that:

is between the Commonwealth and a Basin State or between Basin States; and

relates to trades of held environmental water to, from or between places; and

is for the purpose of achieving one or more environmental outcomes.

For paragraph (2)(b), a trade satisfies this subsection if the trade is either:

of a kind that State water management law:

permits only for held environmental water; and

did not permit prior to the entry into an agreement of the kind referred to in subsection (3); or

part of a sequence of trades that:

is being conducted in furtherance of an agreement of a kind referred to in subsection (3); and

contains a trade of a kind referred to in paragraph (a).

The Authority must complete a review of the operation of subsections (2) to (4) by 1 July 2020.

In conducting the review, the Authority must obtain, and have regard to, the advice of the ACCC.

After conducting the review, the Authority might seek to amend the Basin Plan under Subdivision F of Division 1 of Part 2 of the Act.

This Chapter applies to a water delivery right if:

the right is held against an irrigation infrastructure operator; and

the irrigation infrastructure operator is entitled to impose a fee upon the termination or surrender of that right, or services provided in relation to that right; and

the Water Charge (Termination Fees) Rules 2009 regulates any fee that might be imposed.

An irrigation infrastructure operator is required to calculate the termination fee in accordance with the Water Charge (Termination Fees) Rules 2009. These Rules also impose certain procedural requirements that must be met before a termination fee can be imposed.

In this Chapter, a reference to the trade, termination or surrender of a water delivery right includes a trade, termination or surrender of part or all of the entitlement to delivery under the water delivery right.

See subsection 26(5) of the Act.

A person may trade a water access right free of any condition as to the holding, buying, selling, obtaining, accepting or terminating of a separate location‑related right.

In this section:

water delivery right;

works approval;

water use approval.

An example of a class of persons is ‘environmental water user’.

See also section 12.27.

A person may trade a water access right free of any restriction on the trade that relates to the purpose for which the water relating to that right has been, or will be, used.

This section does not apply to a water access right that is:

a stock right; or

a domestic right; or

a stock and domestic right.

This section does not apply to the trade of a water access entitlement designated for an urban water supply activity under State water management law.

A person may trade a water allocation free of any restriction arising from the fact that the water allocation was carried over from the previous water accounting period under a carryover arrangement.

Subsection (1) does not apply if:

a carryover announcement is required before the water allocation is permitted to be taken; and

no such announcement has been made.

A person may participate in a carryover arrangement in relation to a water access right free of any restriction arising from the fact that the person acquired the water access right by way of trade.

Despite subsection (1), if:

the trade of a water access right results in a change of the water resource to which the right relates; and

the carryover arrangement for the destination water resource is different from that of the origin water resource;

See sections 12.21 and 12.22.

A person may trade a water access right free of any restriction based on:

the historical level of use of the water access right; or

an anticipated increase in the use of the water access right.

Section 12.21 prohibits exchange rates being applied to trades within or between regulated systems.

Subsection (1) does not apply if:

the trade is between 2 places (whether or not ownership changes); and

there is a difference in the reliability or availability of water between the 2 places; and

the restriction is necessary in order to account for that difference.

A person may trade a water access right:

within a regulated system; or

between regulated systems; or

within an unregulated system;

is necessary because of a reason listed in subsection 12.18(1); and

is consistent with Subdivision A.

For this section, if the boundary between 2 unregulated systems is based solely on the border between 2 Basin States, this section applies as if the 2 unregulated systems were one unregulated system.

A restriction of a type referred to in section 12.16 may be necessary because of:

the existence of a physical constraint; or

the need to address hydrologic connections and water supply considerations; or

the need to protect the needs of the environment; or

the level of hydraulic connectivity; or

a combination of any of the above.

In this section, hydrologic connections and water supply considerations, in relation to a water access right, means any of the following:

the amount of transmission loss that may be incurred through evaporation, seepage, or other means;

the potential impact, as a result of the trade of a water access right, on water availability in relation to a water access right held by a third party (other than an impact arising solely because of an increase in use of the traded water access right);

the ability to:

deliver water from the same storage from which it is currently delivered; or

adjust valley and state transfer accounts to facilitate trade, for example by way of a back trade.

See clause 3 of Schedule D to the Agreement for the meaning of valley account.

See clause 5 of the Murray‑Darling Basin Agreement (Adjusting Valley Accounts and State Transfer Accounts) Protocol 2010 for the meaning of state transfer account.

If a Basin State decides to impose a restriction of a kind referred to in section 12.16, it must notify the Inspector‑General of the decision and the reasons for the decision.

The notification must be given:

if the restriction was in effect at the commencement of this Chapter—within 30 days after that commencement; or

otherwise—no later than the date of effect of the restriction.

The Inspector‑General must make a written declaration that a restriction of a kind referred to in section 12.16 is necessary because of a reason listed in subsection 12.18(1) if:

a Basin State requests the Inspector‑General to make that declaration; and

the Inspector‑General is satisfied that the restriction is in fact necessary because of a reason listed in subsection 12.18(1).

The Inspector‑General may consult other Basin States, the ACCC, and any other interested parties before making the declaration.

The Inspector‑General must publish the declaration, and the Inspector‑General’s reasons for being satisfied that the restriction is necessary, on the Inspector‑General’s website.

See section 25D of the Acts Interpretation Act 1901 for content required in a statement of reasons.

See section 12.22 for an exception to this section.

Section 12.21 does not apply if:

the exchange rate is applied as a condition of the trade of a water access entitlement from one location (location A) to another (location B); and

the Inspector‑General has made a declaration under this section; and

the water access entitlement is to be traded between the 2 locations at the exchange rate specified in the declaration.

A Basin State may request the Inspector‑General to make a declaration under this section.

The Inspector‑General must make a written declaration permitting the application of a specified exchange rate to trades between 2 specified locations if:

the Inspector‑General is satisfied that the purpose of the exchange rate is to address transmission losses; or

the Inspector‑General is satisfied that:

the purpose of the exchange rate is to redress the impact of previous exchange rate trades from location B to location A; and

the total volume of water access entitlements to be traded from location A to location B using the exchange rate would not exceed the total volume of water access entitlements previously traded to location A from location B using exchange rates.

The Inspector‑General must publish the declaration on its website.

If:

a restriction has effect on the trade of water allocations between 2 places, each of which is in a regulated system; and

a tagged water access entitlement exists in relation to those 2 places; and

an order for water is made under the tagged water access entitlement;

On and after the commencement of item 2 of Schedule 4 to the Water Amendment (Restoring Our Rivers) Act 2023, this section applies to a tagged water access entitlement whenever established.

For this section, a tagged water access entitlement is established once the tag has been approved by all relevant approval authorities.

In this section:

which is registered on a water register in relation to one place; and

under which the water allocation is extracted in a different place (which is tagged on the register);

there is sufficient hydraulic connectivity between the 2 locations;

any resource condition limits in the SDL resource unit specified in a water resource plan will not be exceeded as a result of the trade;

either:

water access rights in the 2 locations have substantially similar characteristics of timing, reliability and volume; or

measures are in place to ensure that the water access right to be traded will maintain its characteristics of timing, reliability and volume;

measures are in place to address the impact, as a result of trade, on water availability in relation to a water access right held by a third party.

Section 10.37 sets out requirements for a water resource plan in relation to this section.

there is sufficient hydraulic connectivity between the 2 units;

any resource condition limits in either unit specified in a water resource plan will not be exceeded as a result of the trade;

measures are in place to account for the trade;

either:

water access rights in the 2 units have substantially similar characteristics of timing, reliability and volume; or

measures are in place to ensure that the water access right to be traded will maintain its characteristics of timing, reliability and volume;

measures are in place to address the impact, as a result of trade, on water availability in relation to a water access right held by a third party.

Section 10.38 sets out requirements for a water resource plan in relation to this section.

there is sufficient hydraulic connectivity between the 2 units;

any resource condition limits in the groundwater SDL resource unit specified in a water resource plan will not be exceeded as a result of the trade;

measures are in place to account for the trade;

either:

water access rights in the 2 units have substantially similar characteristics of timing, reliability and volume; or

measures are in place to ensure that the water access right to be traded will maintain its characteristics of timing, reliability and volume;

measures are in place to address the impact, as a result of trade, on water availability in relation to a water access right held by a third party.

Section 10.39 sets out requirements for a water resource plan in relation to this section.

committed an offence; or

failed to pay fees or charges.

See section 4 of the Act for the meaning of State water management law.

See section 4 of the Act for the meaning of irrigation infrastructure operator.

For section 12.28, factors to be taken into account in deciding whether a restriction is reasonable include, but are not limited to, the following:

overall capacity in the irrigation infrastructure operator’s irrigation network;

capacity in the parts of the irrigation infrastructure operator’s irrigation network to which water would potentially be delivered under the traded water delivery right;

reconfiguration or decommissioning work in the parts of the irrigation infrastructure operator’s irrigation network to which water would potentially be delivered under the traded water delivery right;

connectivity between specific parts of the irrigation infrastructure operator’s irrigation network relevant to the proposed trade;

payment of fees or charges of the type described in paragraph 91(1)(a) of the Act;

the volume of a water delivery right reasonably required to irrigate a person’s property for both current and expected future water use;

the net costs to the irrigation infrastructure operator of assessing and giving effect to the trade of a water delivery right;

the provision of reasonable security to the irrigation infrastructure operator for the payment of fees or charges for access to the operator’s irrigation network by the person acquiring the water delivery right;

whether the proposed trade would result in the water delivery right being held by a person who does not own or occupy land in the area serviced by the irrigation infrastructure operator.

In this section:

If an irrigation infrastructure operator decides to restrict the trade of a water delivery right within its irrigation network, it must notify each party to the trade in writing of the decision and the reasons for the decision.

See section 25D of the Acts Interpretation Act 1901 for content required in a statement of reasons.

The notification must be given as soon as practicable, but in any case within 30 days, after the decision is made.

See section 4 of the Act for the meaning of irrigation infrastructure operator.

An irrigation infrastructure operator must, for each person holding a water delivery right against it, decide:

the volume or unit share of the person’s water delivery right; and

the units applicable to the water delivery right; and

if the water delivery right relates to a specific part of the irrigation infrastructure operator’s irrigation network—the part of the irrigation network to which the water delivery right relates.

The units applicable to the water delivery right may be expressed, for example, as megalitres (ML), ML/time, percentage or fraction of available capacity.

The irrigation infrastructure operator must notify the person in writing of:

the decision and the reasons for the decision; and

See section 25D of the Acts Interpretation Act 1901 for content required in a statement of reasons.

the terms and conditions of the contract between the irrigation infrastructure operator and the person which are applicable to the water delivery right.

The notification must be given:

for a water delivery right in existence at the commencement of this Chapter—within 30 days after commencement; or

otherwise—as soon as practicable, but in any case within 30 days after the right comes into existence.

An irrigation infrastructure operator does not need to notify a person of a matter in accordance with this section if:

it has notified the person of the matter before commencement of this Chapter; and

the notice is accurate at the commencement of this Chapter.

If an irrigation infrastructure operator decides to change a person’s volume or unit share of water delivery right, it must notify the person in writing of the decision and the reasons for the decision.

See section 25D of the Acts Interpretation Act 1901 for content required in a statement of reasons.

The notification must be given as soon as practicable, but in any case within 30 days, after the decision is made.

An irrigation infrastructure operator does not need to notify a person of a matter in accordance with this section if the person’s volume or unit share of water delivery right changes only to reflect a trade or termination by the person.

See section 4 of the Act for the meaning of irrigation infrastructure operator.

An irrigation infrastructure operator must, for each person who holds an irrigation right against it, decide the person’s entitlement to water under their irrigation right.

The entitlement must be expressed as either:

a number of megalitres; or

a unit share of the irrigation infrastructure operator’s water access entitlement.

The irrigation infrastructure operator must notify the person in writing of the decision and the reasons for the decision.

See section 25D of the Acts Interpretation Act 1901 for content required in a statement of reasons.

The notification must be given:

for an irrigation right in existence at the commencement of this Chapter—within 30 days after commencement; or

otherwise—as soon as practicable, but in any case within 30 days after the right comes into existence.

An irrigation infrastructure operator does not need to notify a person of a matter in accordance with this section if:

it has notified the person of the matter before the commencement of this Chapter; and

the notice is accurate at the commencement of this Chapter.

If an irrigation infrastructure operator decides to change a person’s entitlement to water under an irrigation right, it must notify the person in writing of the decision and the reasons for the decision.

See section 25D of the Acts Interpretation Act 1901 for content required in a statement of reasons.

The notification must be given as soon as practicable, but in any case within 30 days, after the decision is made.

An irrigation infrastructure operator does not need to notify a person of a matter in accordance with this section if the person’s entitlement to water under an irrigation right changes only to reflect a trade or transformation by the person.

An approval authority must disclose to each party to a proposed trade submitted to it for approval:

the nature of any legal or equitable interest it, or a related party, has in a water access right which is the subject of the proposed trade; and

the nature of any commercial interest it, or a related party, has in the activities of any water market intermediary involved in the proposed trade.

The disclosure must be made:

as soon as practicable; and

before the approval authority approves or rejects the trade.

Subsection (1) does not apply if the interest arises solely from the fact that the approval authority is an agency of a Basin State.

An approval authority is taken to have satisfied the requirements in subsections (1) and (2) if those requirements have been satisfied by a related party of the approval authority, on behalf of the approval authority.

This section applies if:

an approval authority has approved the trade of a water access right; and

the approval authority, or a related party, was a party to the trade.

The approval authority must publish the following information on its website as soon as practicable after the trade has been approved:

the facts referred to in subsection (1);

the type of water access right;

the volume of the water access right traded;

the number of days elapsed between lodgement and approval;

the price of the trade.

If an approval authority (the restricting authority) decides to restrict a proposed trade of a water access right, it must, subject to subsection (2), give notice of the decision and the reasons for the decision to each party.

If a party to the proposed trade is an interstate party, the approval authority may instead give the notice to the interstate authority, together with a request that it notify the interstate party on behalf of the restricting authority.

The restricting authority must give the notice as soon as practicable, and in any case within 30 days after the decision.

The interstate authority must comply with a request under subsection (2) as soon as practicable.

For this section, if a proposed trade involves a trade of a water access right between the State of the restricting authority and another State:

the approval authority in the other State is the interstate authority; and

a party who acts through the interstate authority is an interstate party.

A Basin State which holds information:

relating to a class of water access right conferred by or under a law of the State; and

which is referred to in section 12.44;

The information must be given to the Authority:

in the form determined by the Authority from time to time; and

within the time periods determined by the Authority from time to time.

The information may be provided electronically by way of a link to an appropriate website, or in any other way determined by the Authority.

The Authority must inform a Basin State of any matter it determines under subsection (2) or (3).

The Authority must not require the information to be given more than once per water accounting period.

However, if the information is changed, the State must give the changed information to the Authority as soon as is practicable, but in any case, no later than the date of effect of the change.

the characteristics of the class, including:

the water resource name;

the SDL resource unit;

its priority or reliability;

the form of take;

the total volume of the class on issue;

the historic reliability of the class (both as a long‑term average and in more recent periods);

the fees and charges payable by a holder of a water access right in the class;

carryover arrangements;

the timing and manner of making allocation announcements;

how allocation levels are determined;

the trading rules relevant to the class;

the areas to which a water access right of the class (and any water allocation under such a right) may be traded;

the areas from which water access rights of other classes (and any water allocations under such rights) may be traded to the water resource to which the class relates.

A Basin State must give a copy of rules it has made that regulate the trade of tradeable water rights in a compiled form, incorporating any amendments, to the central information point:

within 30 days after the commencement of this Chapter; and

if the rules change—as soon as practicable, but in any case no later than the date of effect of the change.

Subsection (1) does not apply to rules of a kind referred to in section 12.47.

If the rules include material by way of a reference to another document:

the rules must explain how the referenced document relates to the rules; and

the referenced document must be published online.

If an irrigation infrastructure operator has rules that govern the trade of tradeable water rights within, into, or out of, the irrigation infrastructure operator’s irrigation network, it must document those rules.

This section does not apply to rules that relate to administrative procedures (for example, the payment of fees, the completion of forms, or information that must be supplied by a person applying for a trade).

If a person requests a copy of an irrigation infrastructure operator’s rules, the irrigation infrastructure operator must give a copy of the rules to that person as soon as practicable, but in any case within 30 days after receiving the request.

If the irrigation infrastructure operator has a website, it must publish the rules on its website:

within 7 days after the later of:

the commencement of this Chapter; and

the day the person becomes an irrigation infrastructure operator; and

the day the irrigation infrastructure operator obtains a website; and

if the rules change—as soon as practicable, but in any case within 30 days after the change.

If the irrigation infrastructure operator is an operator to which subsection (5) applies, it must also give a copy of the rules to the central information point:

within 7 days after the day on which subsection (5) starts to apply to the operator; and

if the rules change—as soon as practicable, but in any case within 30 days after the change.

This subsection applies to an irrigation infrastructure operator if the sum of the maximum volume of water from Basin water resources in respect of which the operator provides infrastructure services in relation to:

water access entitlements held by the operator (otherwise than for the purpose of providing infrastructure services to customers who hold water access entitlements to that water); and

water access entitlements held by its customers; and

water access entitlements held by the owner (not being the operator) of the water service infrastructure operated by the operator;

In this subsection, the maximum volume of water refers to that held under water access entitlements.

For subsection (5):

The rules must be made available in such a manner that the current version of the rules is readily ascertainable and accessible.

If the rules include material by way of a reference to another document:

the rules must explain how the referenced document relates to the rules; and

the referenced document must be published online.

See section 4 of the Act for the meaning of irrigation infrastructure operator.

This section sets out a simplified outline of this Chapter.

This Chapter sets out the program for monitoring and evaluating the effectiveness of the Basin Plan (item 13 of the table in subsection 22(1) of the Act), which consists of:

the principles to be applied in monitoring and evaluating the effectiveness of the Basin Plan (Part 2); and

the following framework to be used to monitor and evaluate the effectiveness of the Basin Plan:

processes for reviewing and evaluating the Basin Plan and assessing the condition of the Murray‑Darling Basin, contributing to adaptive management (Part 3);

reporting requirements relating to the matters by reference to which the effectiveness of the Basin Plan will be monitored and evaluated (Part 4);

requirements for the publication of information (Part 5);

provisions for improving monitoring, evaluation and reporting capabilities (Part 6).

The effectiveness of the Basin Plan is to be evaluated against the objectives and outcomes set out in Chapters 5, 8 and 9, and by reference to the matters in Schedule 12.

See section 6 of the Privacy Act 1988 for the definition of personal information.

The Authority is responsible for leading monitoring at the Basin scale, having regard to the desirability of:

collecting information in an efficient way; and

providing open access to information collected or used in, or generated by, monitoring; and

harnessing existing monitoring capabilities where possible, rather than creating new monitoring capabilities; and

building upon existing information and data supply arrangements where possible, rather than establishing new arrangements; and

using an adaptive approach to test and improve monitoring capabilities; and

eliminating duplication and fragmentation of monitoring processes where possible; and

there being no net reduction in existing monitoring efforts.

The Authority is responsible for leading all evaluations of the effectiveness of the Basin Plan, with Basin States, the Commonwealth Environmental Water Holder and the Department enabling evaluations by collecting, analysing and reporting information (including data) in a fit for purpose manner.

The principles in this section must be applied by:

the Authority, when monitoring the effectiveness of the Basin Plan and conducting evaluations and reviews under Part 3; and

the Basin States, the Commonwealth Environmental Water Holder and the Department, when monitoring and evaluating for the purpose of meeting the reporting requirements in Part 4.

Commonwealth agencies and Basin States should report against matters in a manner which reflects the degree to which they are responsible for those matters.

For example, the Commonwealth Environmental Water Holder is responsible for reporting on matters only to the extent that the matters relate to its responsibilities.

Monitoring and evaluation should be undertaken within the conceptual framework of program logic.

Program logic is a mechanism that helps to determine when and what to evaluate so that resources can be used effectively and efficiently: see the Australian Government’s NRM MERI Framework.

Monitoring and evaluation findings, including in respect of progress towards meeting targets and trends in the condition and availability of the Basin water resources, should enable decision‑makers to use adaptive management.

Monitoring and evaluation should harness the monitoring capabilities of existing Basin State and Commonwealth programs (including jointly funded programs), provided that the programs are consistent with the principles in this Part, with a view to aligning and improving these programs over time.

For example, water information provided by Basin States to the Bureau of Meteorology under Part 7 of the Act may be used, where possible, for monitoring and evaluation under this Chapter to avoid duplication in the sourcing of that information.

The best available knowledge (including scientific, local and cultural knowledge), evidence and analysis should be used where practicable to ensure credibility, transparency and usefulness of monitoring and evaluation findings.

Basin States and the Commonwealth should collaborate on the technical and operational elements of monitoring and evaluation in order to build engagement and ownership.

A risk‑based approach should be used for investment in monitoring and evaluation.

Monitoring and reporting should be timely, efficient, cost‑effective and consistent, and should supply the information needed for evaluation.

To the extent possible, there should be open access to information collected or used in, or generated by, monitoring and evaluation.

The Authority must evaluate the effectiveness of the Basin Plan against the objectives and outcomes set out in Chapters 5, 8 and 9, and by reference to the matters listed in Schedule 12, for the purposes of:

annual reports on the effectiveness of the Basin Plan, as required by section 52A of the Act; and

advising on the impacts of the Basin Plan before the end of 2020, as required by section 49A of the Act; and

10 yearly reviews of the Basin Plan, as required by subsection 50(1) of the Act; and

any other reviews of the long‑term average sustainable diversion limits (for example, following a request under subsection 50(2) of the Act).

The Authority must publish the findings and recommendations arising from an evaluation: see section 13.18.

The matters in Schedule 12 relate to:

the Basin Plan as a whole, including its social and economic impacts; and

each of the following elements of the Basin Plan:

the environmental watering plan;

water quality and salinity;

the water trading rules;

water resource planning.

The matters in Schedule 12 represent, and are similar but not identical to, the objectives and outcomes set out in Chapters 5, 8 and 9.

In making an evaluation, the Authority must have regard to:

relevant reports produced under Part 4; and

the key evaluation questions in section 13.06; and

any other relevant information it holds.

to what extent has the intended purpose of the Basin Plan set out in section 20 of the Act been achieved?

to what extent have the objectives, targets and outcomes set out in the Basin Plan been achieved?

how has the Basin Plan contributed to changes to the environmental, social and economic conditions in the Murray‑Darling Basin?

what, if any, unanticipated outcomes have resulted from the implementation of the Basin Plan?

how could the effectiveness of the Basin Plan be improved?

to what extent were the actions required by the Basin Plan suited to meeting the objectives of the Basin Plan?

to what extent has the program for monitoring and evaluating the effectiveness of the Basin Plan contributed to adaptive management and improving the available scientific knowledge of the Murray‑Darling Basin?

the effectiveness of:

the water quality targets in the water quality and salinity management plan; and

the environmental watering plan;

the social and economic impacts of the Basin Plan.

The Authority must publish the findings and recommendations arising from a review: see section 13.19.

The Authority must complete a review of the water quality targets in the water quality and salinity management plan before the end of 2020 and within every 5 years thereafter.

The water quality targets are set out in Part 4 of Chapter 9. Water quality includes salinity: see section 1.07.

The first review must include a consideration of:

the appropriateness of the existing target values for levels of salinity in paragraph 9.14(5)(c); and

whether it is necessary to increase the number of target sites in order to improve the management of salinity;

The Authority may request from a person or body (for example, a person or body mentioned in subsection (4)) any information that it considers necessary to conduct the review.

See also section 238 of the Act.

The review must be undertaken in consultation with the Basin States, the Commonwealth Environmental Water Holder and other relevant Commonwealth agencies.

The Authority must complete a review of the environmental watering plan before the end of 2020 and within every 5 years thereafter.

The review must include a review of the targets set out in Schedule 7.

The Authority may request from a person or body (for example, a person or body mentioned in subsection (4)) any information that it considers necessary to conduct the review.

See also section 238 of the Act.

The review must be undertaken in consultation with the Basin States, the Commonwealth Environmental Water Holder and other relevant Commonwealth agencies.

The Authority must complete a review of the social and economic impacts of the Basin Plan before the end of 2020 and within every 5 years thereafter.

The review must be undertaken in consultation with the Basin States and relevant Commonwealth agencies.

The Authority may periodically undertake assessments of trends in the condition and availability of the Basin water resources and the social, cultural and economic contexts in which they are used, as revealed by monitoring information.

An assessment must be undertaken in consultation with the Basin States, the Commonwealth Environmental Water Holder and other relevant Commonwealth agencies.

When:

proposing any amendments to the Basin Plan; or

unless a contrary intention appears from the Basin Plan—exercising powers or performing functions under the Basin Plan;

the findings and recommendations arising from any relevant evaluations under Division 1; and

the findings and recommendations of any relevant reviews conducted under Division 2; and

the findings and recommendations of any relevant audits conducted under Division 3B of Part 2 of the Act.

Subdivision F of Division 1 of Part 2 of the Act sets out the process for amending the Basin Plan.

If the Authority or a Basin State fails to comply with subsection (1) when exercising a power or performing a function under the Basin Plan, the exercise of the power or the performance of the function is not invalid by reason of the failure.

if the matter is listed as a Category A matter—means the period of 5 years starting on the start day for the matter, and every successive period of 5 years; and

if the matter is listed as a Category B matter—means the period of 1 year starting on the start day for the matter, and every successive period of 1 year.

For example, the start day for some reporting matters may be the day on which the Basin Plan, or a particular part of the Basin Plan, commences.

Reporting days and reporting periods may also be varied by agreement: see section 13.15.

For each matter listed in Schedule 12, each reporter listed for the matter must, for each reporting period and by the reporting day, produce a report (including data) on the matter as at the end of the reporting period.

If the reporter is not the Authority, the reporter must, by the reporting day, give the report to the Authority.

The Authority is required to publish copies of all reports: see section 13.22.

The Authority must use its best endeavours to enter, within 2 years after the commencement of the Basin Plan, into an agreement with:

each Basin State; and

the Commonwealth Environmental Water Holder; and

the Department;

Without limiting subsection (1), an agreement may:

exempt a Basin State, the Commonwealth Environmental Water Holder or the Department from reporting on a matter to the extent that the matter is not relevant to that person or body; or

exempt a Basin State from reporting on a matter to the extent that the Basin State already provides the information covered by the report to a Commonwealth agency or a Commonwealth agency otherwise has the information in its possession or control; or

provide for the production of a report in respect of a period other than the reporting period or by a day other than the reporting day; or

if more than one person is listed as the reporter for a matter, permit a joint report to be produced; or

allow a person to contribute information to a report produced by another; or

set out the manner in which the report is to be produced or given to the Authority.

If an agreement provides for the production of a report in respect of a period other than the reporting period, section 13.14 has effect as if the first‑mentioned period were the reporting period.

If an agreement provides for the production of a report by a day other than the reporting day, section 13.14 has effect as if the first‑mentioned day were the reporting day.

The Authority must seek to ensure that an agreement removes unnecessary duplication of effort in the provision of reports.

Nothing in this section prohibits the Authority from entering into agreements for the provision of information other than the information required by section 13.14 (for example, for the purposes of conducting a review under section 50 of the Act).

The Authority must take all reasonable steps to publish on its website the findings and recommendations arising from its evaluations of the effectiveness of the Basin Plan under Division 1 of Part 3.

The Authority must provide the Basin States, the Department, the Commonwealth Environmental Water Holder and any other relevant person or body with an opportunity to comment on the proposed findings and recommendations before the findings and recommendations are published.

The Authority must take all reasonable steps to publish on its website the findings and recommendations arising from any review conducted under Division 2 of Part 3.

The Authority must provide the Basin States, the Department, the Commonwealth Environmental Water Holder and any other relevant person or body with an opportunity to comment on the proposed findings and recommendations before the findings and recommendations are published.

The Authority must take all reasonable steps to publish on its website the findings of each assessment conducted under Division 4 of Part 3.

The Authority must provide the Basin States, the Department, the Commonwealth Environmental Water Holder and any other relevant person or body with an opportunity to comment on the proposed findings before the findings are published.

The Authority must take all reasonable steps to publish on its website a copy of each report produced by or given to the Authority under Part 4.

However, if the person or body (other than the Authority) who produced the report has published the report on a website, the Authority need not publish the report on its website.

The Authority must complete an assessment of monitoring, evaluation and reporting capabilities relevant to this Chapter before the end of 2020.

When conducting the assessment, the Authority must have regard to the findings and recommendations arising from relevant evaluations, reviews, audits and assessments conducted under Part 3.

If the assessment identifies improvements that can be made to monitoring capabilities, the Authority must use its best endeavours, with the Basin States, the Department, the Commonwealth Environmental Water Holder and any other relevant persons or bodies, to give effect to those improvements.

See section 2.01

The diversions shown in this table are based on Authority estimates and correspond to those outlined in Schedule 2.

The total inflows into the Basin shown in this table are the Authority’s best estimate of surface‑water runoff generated across the Basin and are based on modelled inflows adjusted where necessary to incorporate the effects of interception activities. This differs from other methods of assessing total Basin water availability such as inflow data based on CSIRO 2008, which modelled flows at the point of maximum flow under without‑development conditions.

Some estimates have been subject to rounding.

See sections 6.02, 6.04, 6.05, 6.05A, Schedule 3, Schedule 6A, the definition of BDL in section 1.07, and Part 3 of Chapter 10.

The SDL for a particular surface water SDL resource unit as set out in this Schedule can be expressed in terms of the following formula:

See Schedule 2 and the definition of BDL in section 1.07.

Some estimates have been subject to rounding.

See sections 6.03 and 6.04 and the definition of BDL in section 1.07.

See paragraph 7.09(e).

The outcomes listed below are ones that will be pursued under the Commonwealth’s program to increase the volume of water resources available for environmental use by 450 GL per year.

The outcomes that will be pursued are:

further reducing salinity levels in the Coorong and Lower Lakes so that improved water quality contributes to the health of macroinvertebrates, fish and plants that form important parts of the food chain, for example:

maximum average daily salinity in the Coorong South Lagoon is less than 100 grams per litre; and

maximum average daily salinity in the Coorong North Lagoon is less than 50 grams per litre; and

average daily salinity in Lake Alexandrina is less than 1000EC for 95% of years and 1500EC all of the time;

keeping water levels in the Lower Lakes above 0.4 metres AHD for 95% of the time and above 0.0 metres AHD at all times to help maintain flows to the Coorong, prevent acidification, prevent acid drainage and prevent riverbank collapse below Lock 1;

ensuring the mouth of the River Murray is open without the need for dredging in at least 95% of years, with flows every year through the Murray Mouth Barrages;

exporting 2 million tonnes per year of salt from the Murray‑Darling Basin as a long‑term average;

increasing flows through the barrages to the Coorong and supporting more years where critical fish migrations can occur;

in conjunction with removing or easing constraints, providing opportunities for environmental watering of an additional 35,000 ha of floodplain in South Australia, New South Wales and Victoria, improving the health of forests and fish and bird habitat, improving the connection to the river, and replenishing groundwater; and

achieving enhanced in‑stream outcomes and improved connections with low to middle level floodplain and habitats adjacent to rivers in the southern Murray‑Darling Basin.

The environmental outcomes in this Schedule reflect the results of the 3200 GL per year modelling with relaxed constraints scenario reported in: MDBA (Murray‑Darling Basin Authority) 2012, Hydrologic modelling of the relaxation of operational constraints in the southern connected system: Methods and results, MDBA publication no: 76/12, Murray‑Darling Basin Authority, Canberra. http://download.mdba.gov.au/altered‑PBP/Hydrologic‑modelling‑relaxed‑constraints‑October‑2012.pdf

See section 7.15.

This Schedule sets the default method by which the supply contribution is calculated for Chapter 7.

Section 7.15 sets out circumstances in which an alternative method may be used.

The method is summarised as follows:

identify the hydrological model of the Basin that is to be used for the calculations (the benchmark model—this is the model that was used to arrive at the unadjusted SDL, with some modifications);

identify the indicator sites and regions that are to be used in applying the method (these will be chosen to be representative, while ensuring that areas of high ecological value are given due weight);

identify the flow regime characteristics that are to be used as a measure of environmental outcomes, and that are to be measured or assessed in relation to those indicator sites;

calculate the benchmark environmental outcomes;

identify the method of comparison between the benchmark environmental outcomes and another set of environmental outcomes—this will use a scoring method, including preference curves and weightings for environmental significance. A higher score will represent a preferable environmental outcome;

identify the limits of changes in score or outcome that ensure that supply contributions maintain environmental outcomes within identified limits;

calculate the supply contribution as follows:

choose a test supply contribution of an amount that is likely to be smaller than the actual supply contribution;

calculate the environmental outcomes that result from applying the model under the assumptions of:

the benchmark conditions of development with the addition of the relevant notified measures;

a repeat of the historical climate conditions;

consumptive use of water at the levels of the unadjusted SDL adjusted by the test supply contribution;

compare the environmental outcomes against the benchmark environmental outcomes and assess whether the score is equivalent or higher;

ensure that requirements of section 7.15 of the Basin Plan in relation to the supply contribution are satisfied;

repeat with successive test supply contributions until the largest contribution is found that still results in an equivalent or higher score;

the supply contribution is equal to that test contribution.

The benchmark model run will comprise the MDBA model run 847, described in MDBA 2012a, with refinements to:

adjust the overall reduction from 2800 GL/year to 2750 GL/year;

incorporate appropriate rules for delivery of water from the Lower Lakes into the Coorong, including relating Lake level to release volumes;

incorporate Upper South East inflows as at 30 June 2009;

incorporate updated environmental watering event time‑series for without development and baseline model runs in the environmental event selection tool;

remove the operation of the Living Murray works and use the component of the Living Murray water that was used by the works for floodplain outcomes;

incorporate environmental demand sequences that manage for maximum dry spell as well as frequency; and

set environmental flow demands for the Goulburn River consistent with the flow event targets described in MDBA 2012a.

Refinements to the MDBA model run 847 will be undertaken in consultation with Basin jurisdictions through the Basin Officials Committee.

The benchmark pattern of reliability of supply to entitlement holders for subparagraph 7.15(1)(d) is that provided for in the benchmark model run.

A supply contribution assessed against the benchmark model run under this method:

will incorporate the relevant notified measures, which may include:

new works or measures not included in the benchmark model; or

As the Living Murray works and measures have been removed from the benchmark model under S6.02(1)(e) above, the full benefit of them can be considered for an SDL adjustment.

existing works and measures to the extent that they can be further optimised; and

This includes policy settings incorporated in or assumed for the purposes of the benchmark modelling run.

must take into account the following policy settings included in the benchmark model to the extent that, at the time the method is applied, the specific settings used in the benchmark model are not expected to be, or were not, implemented by 2019:

crediting of environmental return flows for downstream environmental use; and

the ability to call held environmental water from storage during un‑regulated flow events.

In finalising these policies, Basin States and the Commonwealth would need to ensure any associated third party impacts associated with these policies are assessed and addressed as appropriate.

The indicator sites, and corresponding river reaches and associated floodplains, that are to be used are those used in the development of the Environmentally Sustainable Level of Take (ESLT) method (the ESLT method) for which detailed assessments of environmental water requirements were done.

Refer to MDBA 2011, 2012a, 2012b.

Each reach is to incorporate one hydrologic indicator site (HIS) used in the ESLT method for which detailed assessments of environmental water requirements were done.

The ESLT method involved detailed assessments at 24 sites/reaches across the Basin: refer to MDBA 2012b.

The regions to be used are:

the Northern Basin region, which includes all rivers in the Basin upstream of the upstream extent of the Menindee Lakes; and

the Southern Basin region, which includes the River Murray upstream of the boundary of the Coorong, Lower Lakes and Murray Mouth Ramsar site and all connected tributaries apart from the Northern Basin; and

2 disconnected rivers regions, the Lachlan and Wimmera Rivers, if supply contributions are proposed within these valleys.

The Coorong, Lower Lakes and Murray Mouth Ramsar site cannot be scored in the same way as other sites and reaches. Paragraph S6.07(c) provides limits for changes in score or outcomes for this site.

The flow regime characteristics, assessed against the flow event targets in the ESLT method, to be assessed are:

frequency with which flow events occur; and

length of dry spells (i.e. intervals between watering events).

Scores are to be generated for each flow regime characteristic:

at the reach scale; and

at the region scale.

The benchmark environmental outcomes are those scores calculated in accordance with this section based on the application of the method set out in this Schedule for the benchmark model.

Science based, independently reviewed, fit for purpose preference curves will be used in the method.

Preference curves describe a relationship between environmental outcome and a flow statistic such as frequency or dry spell. For example, achievement of a target frequency of inundation may score 100 points, with this score reducing towards zero for frequencies below the achievement of the target.

Science based, independently reviewed, fit for purpose metrics for weighting environmental significance of the flood dependent area will be used in the method.

The choice of preference curves and metrics and weightings for environmental significance will involve both scientific advice and consultation with Basin jurisdictions and be those regarded as the best available for the method.

The metrics to be used for weighting environmental significance in subsection (2) may include consideration of the following:

water‑dependent ecosystems that:

are formally recognised in international agreements or, with environmental watering, are capable of supporting species listed in those agreements; or

are natural or near‑natural, rare or unique; or

provide vital habitat; or

support Commonwealth, State or Territory listed threatened species or communities; or

support, or with environmental watering are capable of supporting, significant biodiversity;

the relative area of water‑dependent ecosystems in the reach inundated under the flow event target;

ecosystem functions provided by the flow regimes.

The method is based on the achievement of the same overall environmental scores for each region under:

the benchmark model run; and

a run with an SDL adjusted for the supply contribution together with the improved environmental outcomes associated with the supply measures being considered.

For any model run the score for each reach, and cumulatively the overall score, is that resulting from the following steps:

calculate the flow event frequency and dry spell statistics from the modelling;

convert that calculation to a measure of environmental outcome by the application of preference curves;

combine flow event frequency and dry spell measures of environmental outcome according to a science based, independently reviewed, fit for purpose rules‑based approach, to derive a single measure for each flow target;

weight by the environmental significance of the various components of the flood dependent area in each reach;

combine, according to a science based, independently reviewed, fit for purpose approach, the scores for each flow event target to ascertain the score for the reach; and

combine the scores for all reaches within a region to ascertain the score for the region.

Scoring will need to occur separately for areas with environmental works and for areas without works and then combined within the scoring method.

Hydrologic modelling under the method to establish a supply contribution will start with the benchmark environmental flow events and these will only be modified as necessary to reflect the outcomes of the proposal and potential supply contribution.

The supply contribution method can be applied to all surface water SDL resource units within the Basin.

The method may be applied using separate modelling runs for the northern and southern Basin, or parts thereof, as necessary to determine relevant supply contributions. For example, if there are no proposed supply contribution measures for a tributary, it would not be necessary to develop scoring metrics for that tributary provided that the in‑valley recovery volume is maintained.

for each region of the Basin—no reduction in the benchmark environmental outcome scores, although some reductions in individual elements may be permitted if they are offset by increases in other elements;

for each reach:

where the benchmark model run achieves or exceeds the target frequency range for a flow indicator, achievement of the target frequency range must be retained and the frequency result must not vary by more than 10% of the benchmark result; and

where the benchmark model run does not achieve the target frequency range for a flow indicator, the frequency result must not vary by more than 10% of the benchmark result, and not fall below the baseline model result; and

where the benchmark model run provides little improvement in frequency for a flow indicator (less than 50% progress toward the target range from the baseline model result), the frequency result must not vary by more than 15% of the benchmark result, and not fall below the baseline model result; and

Where a flow indicator exceeds these limits of change, but other indicators at the site are within the limits of change, modelling under the method will redistribute the use of environmental water amongst flow indicators to balance outcomes with respect to subparagraphs (i) to (iii). Consistent with section S6.06(3) redistribution of environmental water will occur to the minimum extent necessary to ensure that the limits of change are met and not to otherwise affect environmental flow outcomes in the benchmark model.

where a supply measure or combination of measures can achieve the ecological outcomes sought by the plan as represented by an ecological target or targets, and a flow indicator or indicators and associated benchmark model results, then subparagraphs (i) to (iii) do not apply to that flow indicator or indicators;

for the Coorong, Lower Lakes, Murray Mouth—maintenance or improvement of the following:

Lake Alexandrina salinity: less than 1500EC for 100% of the time and less than 1000EC for 95% of days;

Barrage flows: greater than 2000 GL per year on a three year rolling average basis with a minimum of 650 GL in any year, to be achieved for 95% of years;

Barrage flows: greater than 600 GL over any two year period, to be achieved for 100% of the time;

Coorong salinity: South Lagoon average daily salinity less than 100 grams per litre for 96% of days;

Mouth openness: Mouth open to an average annual depth of 1 metres (‑1.0 m AHD) or more for at least 90% of years and 0.7 metres (‑0.7 m AHD) for 95% of years;

for all base flows and fresh requirements within each reach—no reduction in outcomes achieved in the benchmark run.

These limits of change are for the purpose of modelling SDL adjustment and do not necessarily represent environmental watering or management targets.

See Schedule 2, and the definition of SDL adjustment amount in section 6.05A.