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Basin Plan 2012
In force
Administered by
Department of Climate Change, Energy, the Environment and Water
This item is authorised by the following title:
Water Act 2007
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F2024C00760 (C10)
01 July 2024
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Chapter 1—Introduction
Part 1—Preliminary
1.01 Name of instrument
1.02 Making and effect of Basin Plan
1.03 Application of Basin Plan
Part 2—Structure of the Basin Plan
1.05 Simplified outline
Part 3—Interpretation
1.06 Where terms are defined
1.07 Definitions
1.08 Basin Plan not to be inconsistent with Snowy Water Licence
1.09 Construction of provisions imposing obligations on States
1.10 Reasonable excuse for not producing or providing information etc
1.11 Avoidance of double counting of forms of take
Part 4—Agreements with regard to jurisdictional implementation obligations
1.12 Agreements with regard to jurisdictional implementation obligations
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Chapter 2—Basin water resources and the context for their use
2.01 Description located in Schedule 1
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Chapter 3—Water resource plan areas and water accounting periods
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Part 1—Preliminary
3.01 Simplified outline
3.02 Time at which area becomes water resource plan area
3.03 Datasets for identification of water resource plan areas
3.04 Flexibility relating to boundaries of water resource plans
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Part 2—Water resource plan areas
3.05 Water resource plan areas—surface water
3.06 Water resource plan areas—groundwater
3.07 Water resource plan areas—surface water and groundwater
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Part 3—Water accounting periods
3.08 Water accounting period for each water resource plan area
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Chapter 4—Identification and management of risks to Basin water resources
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Part 1—Preliminary
4.01 Simplified outline
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Part 2—Risks and strategies to address risks
4.02 Risks to condition, or continued availability, of Basin water resources, and consequential risks
4.03 Strategies to manage, or address, identified risks
4.04 Authority may publish guidelines
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Chapter 5—Management objectives and outcomes to be achieved by Basin Plan
5.01 Simplified outline
5.02 Objectives and outcome for Basin Plan as a whole
5.03 Objectives and outcome in relation to environmental outcomes
5.04 Objective and outcome in relation to water quality and salinity
5.05 Objective and outcomes in relation to long term average sustainable diversion limits
5.06 Objective and outcome for operation of the SDL adjustment mechanism
5.07 Objectives and outcome in relation to trading in the water market
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Chapter 6—Water that can be taken
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Part 1—Preliminary
6.01 Simplified outline
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Part 2—Long term average sustainable diversion limits
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Division 1—Identification of SDL resource units
6.02 Identification of surface water SDL resource units
6.03 Identification of groundwater SDL resource units
Division 2—Long term average sustainable diversion limits
6.04 Long term average sustainable diversion limits
6.05 SDL resource unit shared reduction amount
6.05A SDL adjustment amount
6.06 Reviews of the Basin Plan
Part 3—Temporary diversion provision
6.07 Temporary diversion provision
Part 4—Method for determining compliance with long term annual diversion limit
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Division 1—Preliminary
6.08 Register of take
6.08A Content of action plan
6.08B Reporting on action plan under the Basin Plan
6.08C Content of report
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Division 1A—One off adjustment to cumulative balances for surface water SDL resource units
6.08D Determining one off adjustment to cumulative balances from 1 July 2019
6.08E Step 1—Calculation of annual permitted take and annual actual take for one off adjustment
6.08F Step 2—Calculate and record the one off adjustment
6.08G How to calculate the annual permitted take and the annual actual take
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Division 2—Method for determining compliance—surface water
6.09 Method for determining compliance with long term annual diversion limit—surface water
6.10 Step 1—Calculation of annual permitted take and annual actual take
6.11 Step 2—Record difference between annual actual take and annual permitted take
6.12 Step 3—Determine whether there is non compliance
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Division 3—Method for determining compliance—groundwater
6.12A Method for determining compliance with long term annual diversion limit—groundwater
6.12B Step 1—Calculation of annual permitted take and annual actual take
6.12C Step 2—Determine whether there is non compliance
Part 5—Allocation of risks in relation to reductions in water availability
6.13 Risks arising from reduction in diversion limits
6.14 Risks arising from other changes to the Basin Plan
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Chapter 7—Adjustment of SDLs
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Part 1—Preliminary
7.01 Simplified outline
7.02 Interpretation
7.03 Meaning of supply measure
7.04 Meaning of efficiency measure
7.05 Consultation with Basin Officials Committee
7.06 Public consultation
7.07 Combined proposals
7.08 Constraints management strategy
7.08A Constraints relaxation implementation roadmap
7.08B Minister may specify additional HEW entitlements
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Part 2—Adjustment of surface water SDLs
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Division 1—Objective
7.09 Objective
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Division 2—When Authority must propose appropriate adjustments
7.10 Initial adjustments to be proposed in 2017
7.11 Reconciliation adjustments to be proposed in 2026
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Division 3—Notification and recording of relevant matters
7.12 Notification of measures relevant to adjustment of SDLs
7.13 Register of measures
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Division 4—Determining amounts of adjustments
7.14 Preliminary
7.14A Shared reduction amounts to be applied in determining adjustments
7.15 Contribution to adjustments from supply measures
7.16 Contribution to adjustments from efficiency measures
7.16A Contribution to adjustments from additional HEW entitlements
7.17 Ensuring that criteria for amounts of adjustments are satisfied
7.18 Apportionment of supply contribution to affected units
7.19 Overall limitation on size of adjustment amounts
7.20 Final determination of amounts in 2017
7.21 Final determination of amounts in 2026
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Part 4—Adjustments relating to groundwater
7.24 Objective
7.25 Adjustments relating to groundwater
7.26 Overall limitation on size of groundwater adjustment amounts
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Part 5—Independent audit of calculations
7.27 Independent audit of Authority’s calculations
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Chapter 8—Environmental watering plan
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Part 1—Preliminary
8.01 Simplified outline
8.02 Purpose of Chapter
8.03 Effect of environmental watering plan on Commonwealth Environmental Water Holder
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Part 2—Overall environmental objectives for water dependent ecosystems
8.04 Overall environmental objectives
8.05 Protection and restoration of water dependent ecosystems
8.06 Protection and restoration of ecosystem functions of water dependent ecosystems
8.07 Ensuring water dependent ecosystems are resilient to climate change and other risks and threats
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Part 3—Targets by which to measure progress towards objectives
8.08 Targets by which to measure progress towards achieving objectives
8.09 Assessment of progress towards objectives in Part 2
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Part 4—Environmental management framework
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Division 1—Preliminary
8.10 Outline of this Part
8.11 Objectives of environmental management framework
8.12 Interpretation
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Division 2—Basin wide environmental watering strategy
8.13 Obligation to prepare Basin wide environmental watering strategy
8.14 Content of the Basin wide environmental watering strategy
8.15 Preparation of Basin wide environmental watering strategy
8.16 Publication of Basin wide environmental watering strategy
8.17 Review and update of Basin wide environmental watering strategy
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Division 3—Long term watering plans
8.18 Obligation to prepare long term watering plans
8.19 Content of long term watering plans
8.20 Preparation of long term watering plans
8.21 Provision and publication of long term watering plans
8.22 Review and update of long term watering plans
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Division 4—Annual environmental watering priorities
8.23 Obligation to identify annual environmental watering priorities
8.24 Content of annual environmental watering priorities
8.25 Preparation of annual environmental watering priorities
8.26 Provision of annual environmental watering priorities
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Division 5—Basin annual environmental watering priorities
8.27 Obligation to prepare Basin annual environmental watering priorities
8.28 Content of Basin annual environmental watering priorities
8.29 Preparation of Basin annual environmental watering priorities
8.30 Publication of Basin annual environmental watering priorities
8.31 Review and update of Basin annual environmental watering priorities
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Division 6—Principles to be applied in environmental watering
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Subdivision A—Principles to be applied in environmental watering
8.32 Outline of Subdivision
8.33 Principle 1—Basin annual environmental watering priorities
8.34 Principle 2—Consistency with the objectives in Part 2
8.35 Principle 3—Maximising environmental benefits
8.36 Principle 4—Risks
8.37 Principle 5—Cost of environmental watering
8.38 Principle 6—Apply the precautionary principle
8.39 Principle 7—Working effectively with local communities
8.40 Principle 8—Adaptive management
8.41 Principle 9—Relevant international agreements
8.42 Principle 10—Other management and operational practices
8.43 Principle 11—Management of water for consumptive use
Subdivision B—Reporting in relation to Basin annual environmental watering priorities
8.44 Reporting required where Basin annual environmental watering priorities not followed
Division 7—Planning for recovery of additional environmental water
8.45 Outline of Division
8.46 Planning for the recovery of additional environmental water
8.47 Reporting required where Authority’s recommendations not followed
Part 5—Methods for identifying environmental assets and ecosystem functions and their environmental watering requirements
8.48 Environmental assets and ecosystem functions database
8.49 Method for identifying environmental assets and their environmental watering requirements
8.50 Method for identifying ecosystem functions that require environmental watering and their environmental watering requirements
8.51 Determination of the environmental watering requirements of environmental assets and ecosystem functions
Part 6—Principles and method to determine priorities for applying environmental water
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Division 1—Principles to be applied to determine priorities
8.52 Outline of Division
8.53 Principle 1—Consistency with principles of ecologically sustainable development and international agreements
8.54 Principle 2—Consistency with objectives
8.55 Principle 3—Flexibility and responsiveness
8.56 Principle 4—Condition of environmental assets and ecosystem functions
8.57 Principle 5—Likely effectiveness and related matters
8.58 Principle 6—Risks and related matters
8.59 Principle 7—Robust and transparent decisions
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Division 2—Method to be used to determine priorities
8.60 How to determine priorities for applying environmental water
8.61 Determining the resource availability scenario
8.62 Seasonal, operational and management considerations
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Chapter 9—Water quality and salinity management plan
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Part 1—Preliminary
9.01 Simplified outline
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Part 2—Key causes of water quality degradation in Murray Darling Basin
9.02 Types of water quality degradation and their key causes
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Part 3—Water quality objectives for Basin water resources
9.03 Outline of this Part
9.04 Objectives for water dependent ecosystems
9.05 Objectives for raw water for treatment for human consumption
9.06 Objective for irrigation water
9.07 Objective for recreational water quality
9.08 Objective to maintain good levels of water quality
9.09 Salt export objective
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Part 4—Water quality targets
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Division 1—Preliminary
9.10 Outline of this Part and purpose of targets
9.11 Failing to achieve a target
9.12 Most stringent target applies
9.13 Guidelines
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Division 2—Targets for managing water flows
9.14 Targets for managing water flows
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Division 3—Water quality targets for water resource plans
9.15 Purpose of Division
9.16 Water quality targets for fresh water dependent ecosystems
9.17 Water quality targets for irrigation water
9.18 Water quality targets for recreational water
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Division 4—Salinity targets for the purposes of long term salinity planning and management
9.19 Salinity targets
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Chapter 10—Water resource plan requirements
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Part 1—Preliminary
10.01 Simplified outline
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Part 2—Identification of water resource plan area and other matters
10.02 Identification of water resource plan area and water resources
10.03 Identification of SDL resource units and water resources
10.04 Form of water resource plan
10.05 Regard to other water resources
10.06 Matters relating to requirements of Chapter
10.07 Consultation to be demonstrated
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Part 3—Incorporation and application of long term annual diversion limit
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Division 1—Water access rights
10.08 Water access rights must be identified
10.09 Identification of planned environmental water and register of held environmental water
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Division 2—Take for consumptive use
10.10 Annual determinations of water permitted to be taken
10.11 Rules for take, including water allocation rules
10.12 Matters relating to accounting for water
10.13 Limits on certain forms of take
10.14 Effects, and potential effects, on water resources of the water resource plan area
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Division 3—Actual take
10.15 Determination of actual take must be specified
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Part 4—The sustainable use and management of water resources
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Division 1—Sustainable use and management
10.16 Sustainable use and management of water resources
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Division 2—Surface water
10.17 Priority environmental assets and priority ecosystem functions
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Division 3—Groundwater
10.18 Priority environmental assets dependent on groundwater
10.19 Groundwater and surface water connections
10.20 Productive base of groundwater
10.21 Additional requirements for Western Porous Rock, Gunnedah Oxley Basin MDB, Sydney Basin MDB and Goulburn Murray: Sedimentary Plain SDL resource units
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Division 4—How requirements have been met
10.22 Description of how requirements have been met
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Part 5—Interception activities
10.23 Listing types of interception activity
10.24 Monitoring impact of interception activities
10.25 Actions to be taken
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Part 6—Planning for environmental watering
10.26 Planning for environmental watering
10.27 Enabling environmental watering between connected water resources
10.28 No net reduction in the protection of planned environmental water
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Part 7—Water quality objectives
Division 1—Requirement for water quality management plan
10.29 Water resource plan to include WQM Plan
Division 2—Surface water
10.30 WQM Plan to identify key causes of water quality degradation
10.31 Measures addressing risks arising from water quality degradation
10.32 WQM Plan to identify water quality target values
10.33 WQM Plan to identify measures
10.34 WQM Plan to identify locations of targets for irrigation water
10.35 Impact of WQM Plan on another Basin State
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Division 3—Groundwater
10.35A WQM Plan to identify key causes of water quality degradation
10.35B WQM Plan to identify water quality target values
10.35C Consideration to be given to rules or measures
10.35D Additional requirement for Western Porous Rock, Gunnedah Oxley Basin MDB, Sydney Basin MDB and Goulburn Murray: Sedimentary Plain SDL resource units
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Part 8—Trade of water access rights
10.36 Application of Part
10.37 Circumstances in which conditions in section 12.24 are met
10.38 Circumstances in which conditions in section 12.25 are met
10.39 Circumstances in which conditions in section 12.26 are met
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Part 9—Approaches to addressing risks to water resources
10.40 Definitions
10.41 Risk identification and assessment methodology
10.42 Description of risks
10.43 Strategies for addressing risks
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Part 10—Measuring and monitoring
10.44 Information relating to measuring take—water access rights
10.45 Supporting measuring
10.46 Monitoring water resources
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Part 11—Reviews of water resource plans
10.47 Review of water resource plans
10.47A Additional requirements for Western Porous Rock, Gunnedah Oxley Basin MDB, Sydney Basin MDB and Goulburn Murray: Sedimentary Plain SDL resource units
10.48 Amendment of water resource plan
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Part 12—Information used to prepare water resource plan
10.49 Best available information
10.50 Methods used to develop water resource plan
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Part 13—Extreme events
10.51 Measures in response to extreme events
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Part 14—Indigenous values and uses
10.52 Objectives and outcomes based on Indigenous values and uses
10.53 Consultation and preparation of water resource plan
10.54 Cultural flows
10.55 Retention of current protection
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Chapter 11—Critical human water needs
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Part 1—Preliminary
11.01 Simplified outline
11.02 Definitions
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Part 2—Water required to meet critical human water needs
11.03 Amount of water required to meet critical human water needs (Act paragraph 86B(1)(a))
11.04 Conveyance water required to deliver water for critical human water needs (Act paragraph 86B(1)(b))
11.05 Water quality and salinity trigger points (Act paragraph 86B(1)(c))
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Part 3—Monitoring, assessment and risk management
11.06 Process for assessing inflow prediction (Act paragraph 86C(1)(b))
11.07 Process for managing risks to critical human water needs associated with inflow prediction (Act paragraph 86C(1)(b))
11.08 Risk management approach for inter annual planning (Act paragraph 86C(1)(c))
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Part 4—Tier 2 water sharing arrangements
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Division 1—When Tier 2 water sharing arrangements apply
11.09 Commencement of Tier 2 water sharing arrangements (Act paragraph 86D(1)(a))
11.10 Cessation of Tier 2 water sharing arrangements (Act paragraph 86D(1)(b))
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Division 2—Tier 2 reserves policy
11.11 Reserves policy (Act paragraph 86D(1)(c))
11.12 Meeting the annual shortfall in conveyance water
11.13 Application of the conveyance reserve provisions of the Agreement
11.14 Arrangements for carrying water over in storage
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Part 5—Tier 3 water sharing arrangements
11.15 Commencement of Tier 3 water sharing arrangements (Act paragraph 86E(1)(a))
11.16 Cessation of Tier 3 water sharing arrangements (Act paragraph 86E(1)(b))
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Chapter 12—Water trading rules
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Part 1—Preliminary
12.01 Simplified outline
12.02 Application of Chapter to certain water access rights
12.03 Water delivery rights to which this Chapter applies
12.04 Reference to a trade to, from or between places
12.05 Recovery of loss or damage
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Part 2—Restrictions on trade of tradeable water rights
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Division 1—Trade of tradeable water rights
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Subdivision A—All water resources—right to trade free of certain restrictions
12.06 Separate rights
12.07 Class of persons
12.08 Purpose for which water is used
12.09 Take and use of water after a trade
12.10 Use outside Murray Darling Basin
12.11 Trade of water allocation which has been carried over
12.12 Access to carryover for traded water access rights
12.13 Overallocation
12.14 Level of use of water access right
12.15 Trade must not be made conditional on water delivery right
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Subdivision B—Additional rules relating to surface water
12.16 Free trade of surface water
12.18 Restrictions allowable for physical or environmental reasons
12.19 Basin States to notify the Inspector General of restrictions
12.20 Basin State may request the Inspector General to make declaration
12.21 Exchange rates not to be used in a regulated system
12.22 Inspector General may permit exchange rates in limited circumstances
12.23 Restrictions on delivery of water under a tagged water access entitlement
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Subdivision C—Additional rules relating to groundwater
12.24 Trade within a groundwater SDL resource unit
12.25 Trade between groundwater SDL resource units
12.26 Trade between groundwater and surface water
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Subdivision D—Miscellaneous
12.27 Restrictions allowable for breaches of State water management law
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Division 2—Trade of water delivery rights
12.28 No unreasonable restriction of trade of water delivery rights
12.29 When restriction of trade is reasonable
12.30 Irrigation infrastructure operator must give reasons for restricting trade of water delivery right
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Part 3—Information about water delivery rights and irrigation rights
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Division 1—General
12.31 Object of this Part
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Division 2—Water delivery rights to be specified by irrigation infrastructure operators
12.32 Obligation on irrigation infrastructure operator to specify water delivery rights and give notice
12.33 Obligation on irrigation infrastructure operator to give notice if water delivery right is changed
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Division 3—Irrigation rights to be specified by irrigation infrastructure operators
12.34 Obligation on irrigation infrastructure operator to specify irrigation rights and give notice
12.35 Obligation on irrigation infrastructure operator to give notice if irrigation right is changed
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Part 4—Approval processes for trade of water access rights
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Division 1—General
12.36 Object of this Part
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Division 2—Approval authority’s other activities
12.37 Approval authority must disclose interest before trade occurs
12.38 Approval authority must disclose if it has been a party to a trade
12.39 Approval authority to give reasons for restricting trade
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Part 5—Information and reporting requirements
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Division 1—General
12.40 Object of this Part
12.41 Authority to publish information it is given under this Part
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Division 2—Information about water access rights
12.42 Water access rights to which this Division applies
12.43 Information about water access rights to be made available
12.44 Types of information about water access rights
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Division 3—Trading rules to be made available
12.45 Interpretation
12.46 Basin State must make trading rules available
12.47 Irrigation infrastructure operator must make trading rules available
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Division 5—Information to be made available
12.49 Interpretation
12.50 Water announcements must be made generally available
12.51 Person not to trade if aware of water announcement before it is made generally available
12.52 Chinese wall arrangements for agencies
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Chapter 13—Program for monitoring and evaluating the effectiveness of the Basin Plan
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Part 1—Preliminary
13.01 Simplified outline
13.02 Personal information not required
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Part 2—Principles to be applied
13.03 Principles of responsibility for monitoring and evaluating the effectiveness of the Basin Plan
13.04 Other principles to be applied in monitoring and evaluating the effectiveness of the Basin Plan
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Part 3—Evaluations, reviews and assessments
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Division 1—Evaluation of Basin Plan
13.05 Purpose of evaluation
13.06 Key evaluation questions
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Division 2—Reviews of water quality targets, environmental watering plan and social and economic impacts
13.07 Purpose of reviews
13.08 Reviews of the water quality and salinity management plan targets
13.09 Reviews of the environmental watering plan
13.09A Reviews of the social and economic impacts of the Basin Plan
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Division 4—Assessments of Basin condition
13.11 Periodic assessments of Basin condition
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Division 5—Evaluations, reviews and audits to inform changes to, and implementation of, Basin Plan
13.12 Evaluations, reviews and audits to inform changes to, and implementation of, Basin Plan
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Part 4—Reporting requirements
13.13 Definitions
13.14 Reporting requirements for Basin States, the Department etc
13.15 Agreements in relation to reporting requirements
13.16 Guidelines for reporting requirements
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Part 5—Publication of information
13.17 Publication of monitoring information
13.18 Publication of evaluation findings and recommendations
13.19 Publication of findings and recommendations arising from reviews
13.21 Publication of findings of assessments
13.22 Publication of reports produced under Part 4
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Part 6—Improving monitoring, evaluation and reporting capabilities
13.23 Improving monitoring, evaluation and reporting capabilities
Schedule 1—Basin water resources and the context for their use
Schedule 2—Matters relating to surface water SDL resource units
Schedule 3—BDLs for surface water SDL resource units
Schedule 4—Matters relating to groundwater SDL resource units
Schedule 5—Enhanced environmental outcomes referred to in paragraph 7.09(e)
Schedule 6—Default method for calculation of supply contribution
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Part 1—Description
S6.01 Simplified outline
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Part 2—Method
S6.02 Benchmark model
S6.03 Indicator sites and regions that are to be used
S6.04 Things that are to be measured or assessed
S6.05 Ecological elements of the scoring method
S6.06 How the method is to be applied
S6.07 Limits of changes in score or outcomes
Schedule 6A—Calculation of SDL adjustment amounts
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Part 1—Preliminary
S6A.01 Simplified outline of this Schedule
S6A.02 Interpretation
S6A.03 Proposed plan area limits and proposed Basin limit
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Part 2—Calculation of SDL adjustment amount
S6A.04 Net effect of the total supply contribution and the total efficiency contribution
S6A.05 Calculation of SDL adjustment amounts—net effect greater than 543 GL per year
S6A.06 Calculation of SDL adjustment amounts—net effect less than or equal to 543 GL per year
Schedule 7—Targets to measure progress towards objectives
Schedule 8—Criteria for identifying an environmental asset
Schedule 9—Criteria for identifying an ecosystem function
Schedule 10—Key causes of water quality degradation
Schedule 11—Target values for target application zones
Schedule 12—Matters for evaluation and reporting requirements
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history