Water Act 2007

Within 12 weeks after the Authority gives the Minister the Basin Plan, the Minister must:

consider the Basin Plan; and

either:

adopt, in writing, the Basin Plan; or

give the Basin Plan back to the Authority with suggestions for consideration by the Authority.

If the Minister gives the Basin Plan back to the Authority with suggestions, the Authority must:

consider the suggestions; and

undertake such consultations in relation to the suggestions as the Authority considers necessary or appropriate; and

give the Minister either:

an identical version of the Basin Plan; or

an altered version of the Basin Plan;

prepare a document that summarises:

any submissions it received in response to the consultations referred to in paragraph (b); and

how it addressed those submissions; and

the extent (if any) to which its consideration of those submissions has affected the version or views given to the Minister under paragraph (c); and

publish on its website a copy of the document prepared under paragraph (d).

Within 6 weeks after the Authority gives the Minister a version of the Basin Plan under subsection (2), the Minister:

must consider that version of the Basin Plan and the views given to the Minister under subsection (2); and

must either:

adopt, in writing, that version of the Basin Plan; or

direct the Authority, in writing, to make modifications to that version of the Basin Plan and give it to the Minister for adoption.

A direction under subparagraph (3)(b)(ii) is not a legislative instrument.

The Minister must not give a direction under subparagraph (3)(b)(ii) in relation to:

any aspect of the Basin Plan that is of a factual or scientific nature; or

without limiting paragraph (a), any of the matters referred to in:

items 1, 2, 3 or 8 of the table in subsection 22(1); or

subsection 75(1); or

subsection 81(2) or (3).

To avoid doubt, subsections 43A(5) and (8) do not affect the Minister’s power to give suggestions or directions to the Authority under this section.

If the Minister gives a direction under subparagraph (3)(b)(ii):

the Authority must comply with the direction; and

the Minister must adopt, in writing, the Basin Plan given to the Minister in compliance with the direction.

When the Basin Plan is laid before a House of the Parliament under the Legislation Act 2003, the Minister must also lay before that House a document that sets out:

any direction the Minister gave under subparagraph (3)(b)(ii) in relation to the Basin Plan; and

the Minister’s reasons for giving that direction.