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2010-2011-2012
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
Water Amendment (Save the Murray-Darling Basin) Bill 2012
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Hanson-Young)
WATER AMENDMENT (SAVE THE MURRAY-DARLING BASIN) BILL 2012
Outline
The Water Amendment (Save the Murray-Darling Basin) Bill 2012 will amend the Water Act
2007 to supplement and clarify the requirement of `best available science' currently in the
Act and establish minimum environmental outcomes which the Basin Plan must achieve.
NOTES ON CLAUSES
Clause 1 - Short Title
1. This is a formal provision specifying the short title.
Clause 2 - Commencement
2. The Bill's provisions are to commence the day it receives Royal Assent
Clause 3 - Schedules
3. This clause provides that an Act that is specified in a Schedule is amended or repealed as
set out in that Schedule, and any other item in a Schedule operates according to its terms.
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Schedule 1 - Amendments of Water Act 2007
Items 1 and 2 - Additional Considerations for Environmentally Sustainable Limits
4. Item 1 inserts a new section 20A into the Water Act 2007 to clarify the establishment and
enforcement of environmentally sustainable extraction limits in section 20 of the Act. The
Basin Plan must comply with these new provisions.
Under proposed subsection (2), the Basin plan must continuously take into account the
most up to date climate science.
Proposed subsection (3) prohibits further groundwater diversions under the Basin Plan
unless the proposed extraction has been assessed using a regional scale, multi-layer,
transient ground water flow model that is linked to existing surface water models. It must
demonstrate the cumulative impact on surface and groundwater flows and the long-term
impacts on aquifer recharge. It will also require the report to demonstrate how the
proposed water extraction relates to the environmentally sustainable limits under the
Basin Plan.
Proposed subsection (4) enhances the required environmental outcomes of salinity,
barrage flows and indicator targets set by the Murray-Darling Basin Authority in key
parts of the Murray-Darling Basin.
5. Item 2 clarifies the basis upon which the Basin Plan is to be developed to ensure that the
122 environmental water recovery indicator targets set by the Murray-Darling Basin
Authority are complied with as far as possible. It will also require the publication of all
modelling and analysis.
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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 (Save the Murray-Darling Basin) Bill 2012
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
1.1 The purpose of the bill is to supplement and clarify the minimum
environmental outcomes that the Basin Plan must achieve and further tighten the
requirements to satisfy the `best available science' under the Act.
1.2 The bill maintains all other aspects of the current Water Act 2007.
Human rights implications
2.1 Because this bill is confined solely to enhancing the requirements and
application of scientific research in relation to hydrology and ecology within the Murray
Darling Basin this bill does not engage any human rights in a positive or negative
manner.
Conclusion
2.2 The Bill is compliant with the Human Rights (Parliamentary Scrutiny) Act
2011.
Senator Hanson-Young
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