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2016-2017-2018-2019
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
WATER AMENDMENT (PURCHASE LIMIT REPEAL) BILL 2019
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Pratt)
WATER AMENDMENT (PURCHASE LIMIT REPEAL) BILL 2019
OUTLINE
The Water Amendment (Purchase Limit Repeal) Bill 2019 (the Bill) proposes to amend the
Water Act 2007 (the Act) to repeal the statutory limit of 1,500 gigalitres on Commonwealth
purchases of surface water across the Murray-Darling Basin.
In 2016 the Act was amended to limit water buybacks to 1,500 gigalitres based on the
Government's Water Recovery Strategy for the Murray-Darling Basin. The limit on buyback
was never part of the original Murray-Darling Basin Plan.
Removing the limit will mean that if a review of the Murray-Darling Basin Plan, or of the
605 gigalitre 'supply projects', demonstrates the need for more water purchases then there is
no legislative barrier to being able to achieve that policy.
The legislation means the Government has options in regard to any advice of the independent
Murray-Darling Basin Authority that recommends that more water is required to return the
system to health, or if the 'supply projects' won't deliver the expected environmental
outcomes.
The recent fish kills in the Murray-Darling Basin, the Productivity Commission review of the
Murray-Darling Basin and the South Australian Royal Commission all highlight that as many
options as possible are required to restore the system to health. Removing the cap on
buybacks adds this option should it be required.
FINANCIAL IMPACT STATEMENT
There is no immediate or direct financial impact of this Bill. The implementation of the
Murray Darling Basin plan is an already announced budget measure, funded through prior
financial years.
NOTES ON CLAUSES
Clause 1: Short Title
1. Clause 1 is a formal provision specifying the short title of the Bill.
Clause 2: Commencement
2. Sections 1 to 3 will commence the day this Bill receives the Royal Assent. Schedule 1
will commence the day after the Bill receives Royal Assent.
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Clause 3: Schedules
3. Each Act specified in a Schedule to this Act is amended or repealed as is set out in the
applicable items in the Schedule. Any other item in a Schedule to this Act has effect
according to its terms.
Schedule 1--Amendments
Water Act 2007
Division 5 of Part 2
4. This item provides for the repeal of Division 5 of Part 2 of the Water Act 2007.
Division 5 of Part 2 contains three substantive sections, which establish the limit and clarify
which contracts are to be included within the limit on water purchases.
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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Water Amendment (Purchase Limit Repeal) Bill 2019
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
The Water Amendment (Purchase Limit Repeal) Bill 2019 (the Bill) will amend the
Water Act 2007 (the Act), to repeal Division 5 of Part 2, which establishes the 1,500 gigalitre
limit on water purchases by the Commonwealth.
Human Rights Implications
The human rights implications of this Bill must be considered in the context of the Act. The
overall framework of the Act supports access to sufficient, safe, acceptable and physically
accessible water for personal and domestic uses. This is reflected in the Act, which sets out
the purpose of the Basin Plan itself, and the existing responsibilities of Basin States, to
protect human water needs across the Basin. The Bill enhances these rights, as it removes the
limit on the total amount of water available to be purchased by the Commonwealth for the
purposes of the Basin Plan.
Conclusion
This Bill is compatible with human rights. The Bill does not affect the human right to water
Senator Pratt
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