Basin Plan Amendment Instrument 2017 (No. 1)

Water Act 2007

I, Anne Ruston, Assistant Minister for Agriculture and Water Resources, and Parliamentary Secretary to the Deputy Prime Minister and Minister for Agriculture and Water Resources, adopt this amendment to the Basin Plan 2012 under section 48 of the Water Act 2007.

Dated 13 November 2017

Anne Ruston

Assistant Minister for Agriculture and Water Resources

Parliamentary Secretary to the Deputy Prime Minister and Minister for Agriculture and Water Resources

Contents

1  Name of instrument

2  Commencement

3  Amendment of the Basin Plan

1  Name of instrument

  This instrument is the Basin Plan Amendment Instrument 2017 (No. 1).

2  Commencement

  This instrument commences as follows:

 (a) on the commencement of item 1 of Schedule 1 to the Water Amendment (Review Implementation and Other Measures) Act 2016—items 61 to 66;

 (b) on the day after it is registered—the remainder.

3  Amendment of the Basin Plan

  The Basin Plan 2012 is amended as provided by Schedule 1.

Schedule 1 Amendments to the Basin Plan 2012

[1] Subsection 1.07(1) (definition of annual actual take)

  Substitute:

annual actual take:

(a) for a surface water SDL resource unit, has the meaning given by section 6.10; and

(b) for a groundwater SDL resource unit, has the meaning given by section 6.12B.

[2] Subsection 1.07(1) (definition of annual permitted take)

  Substitute:

annual permitted take:

(a) for a surface water SDL resource unit, has the meaning given by section 6.10; and

(b) for a groundwater SDL resource unit, has the meaning given by section 6.12B.

[3] Subsection 1.07(1) (after the definition of generally available)

  Insert:

groundwater means:

(a) water occurring naturally below ground level (whether in an aquifer or otherwise); or

(b) water occurring at a place below ground that has been pumped, diverted or released to that place for the purpose of being stored there;

but does not include water held in underground tanks, pipes or other works.

[4] Subsection 1.07(1) (definition of restrict)

  After “a condition or a barrier”, insert “(including a volumetric limit)”.

[5] Subsection 1.07(1) (definition of volumetric limit)

  Substitute:

volumetric limit means a limit whose purpose or effect is to cap the total volume of water that may be traded into or out of an area.

[6] Paragraph 3.03(1)(c)

  Omit “commencement of the Basin Plan”, substitute “time of the amendment of this paragraph by the Basin Plan Amendment Instrument 2017 (No. 1)”.

[7] Paragraph 3.03(2)(c)

  Omit “commencement of the Basin Plan”, substitute “time of the amendment of this paragraph by the Basin Plan Amendment Instrument 2017 (No. 1)”.

[8] Section 3.06

  Substitute:

3.06 Water resource plan areas—groundwater

Note: See section 1.07 for the meaning of groundwater resource.

  Each of the following named areas is a water resource plan area that applies to the groundwater resources indicated:

 (a) Australian Capital Territory (groundwater)—all groundwater resources beneath the area;

 (b) NSW Border Rivers Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (f) and (i);

 (c) Darling Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d), (f) and (i);

 (d) NSW Murray-Darling Basin Porous Rock—all groundwater resources beneath the area, excluding those referred to in paragraphs (c), (f), (g), (i), (j), (k), (l) and (m);

 (e) Goulburn-Murray—all groundwater resources beneath the area;

 (f) NSW Great Artesian Basin Shallow—all groundwater resources beneath the area, excluding those referred to in paragraphs (b), (c), (d), (g), (i), (j) and (m);

 (g) Gwydir Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d), (f) and (i);

 (h) Lachlan Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraph (i);

 (i) NSW Murray-Darling Basin Fractured Rock—all groundwater resources beneath the area, excluding those referred to in paragraphs (b), (c), (d), (f), (g), (h), (j), (k), (l) and (m);

 (j) Macquarie-Castlereagh Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d), (f) and (i);

 (k) Murray Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d) and (i);

 (l) Murrumbidgee Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d) and (i);

 (m) Namoi Alluvium—all groundwater resources beneath the area, excluding those referred to in paragraphs (d), (f) and (i);

 (n) Wimmera-Mallee (groundwater)—all groundwater resources beneath the area.

Note: Schedule 4 lists the groundwater SDL resource units in each water resource plan area.

[9] Paragraph 3.07(c)

  Omit “Moonie”, substitute “Queensland Border Rivers-Moonie”.

[10] Paragraph 3.07(d)

  Repeal the paragraph.

[11] At the end of section 3.07

  Add:

Note: Schedule 4 lists the groundwater SDL resource units in each water resource plan area.

[12] Paragraph 6.02(1)(c)

  Omit “commencement of the Basin Plan”, substitute “time of the amendment of this paragraph by the Basin Plan Amendment Instrument 2017 (No. 1)”.

[13] Paragraph 6.03(1)(c)

  Omit “commencement of the Basin Plan”, substitute “time of the amendment of this paragraph by the Basin Plan Amendment Instrument 2017 (No. 1)”.

[14] Subsection 6.04(2) (note)

  Substitute:

Note: The Authority estimates the long-term average sustainable diversion limit for all surface water SDL resource units to be 10,945 GL per year. This reflects a reduction of 2,680 GL per year from the Authority’s estimate of the BDL for all surface water SDL resource units. Current estimates of amounts of water that have been recovered for the environment are available on the Authority’s website.

[15] After subsection 6.04(3)

  Insert:

Note: The long-term sustainable diversion limits in the northern Basin Queensland zone and the northern Basin New South Wales zone were changed following the Northern Basin Review (completed in 2016).

 The Authority estimates the long-term sustainable diversion limit for all surface water SDL resource units in these zones to be 3,538 GL per year. This represents a reduction of 320 GL per year from the Authority’s estimate of the BDL for the northern Basin.

 The northern Basin SDL was based on:

(a)  the economic, social and environmental outcomes of the Northern Basin Review; and

(b) commitments from the Commonwealth, Queensland and New South Wales Governments to implement ‘toolkit’ measures that will deliver improved environmental outcomes in the northern Basin.  

[16] Section 6.05

  Substitute:

6.05 SDL resource unit shared reduction amount

 (1) For column 2 of the table in Schedule 2, the SDL resource unit shared reduction amount for an SDL resource unit in one of the zones mentioned in subsection (2) is the amount, in GL per year, determined in accordance with this section.  

Note: Subsection (4) provides a default distribution of shared reduction amounts within zones. Subsections (5)-(14) deal with requests for different distributions made by the Basin States.    

 (2) For this section, there are 6 zones:

  (a) the northern Basin Queensland zone, made up of the following SDL resource units:

 (i) Condamine-Balonne (SS26);

 (ii) Moonie (SS25);

 (iii) Nebine (SS27);

 (iv) Paroo (SS29);

 (v) Queensland Border Rivers (SS24);

 (vi) Warrego (SS28); and

 (b) the northern Basin New South Wales zone, made up of the following SDL resource units:

 (i) Barwon-Darling Watercourse (SS19);

 (ii) Gwydir (SS22);

 (iii) Intersecting Streams (SS17);

 (iv) Macquarie-Castlereagh (SS20);

 (v) Namoi (SS21);

 (vi) NSW Border Rivers (SS23); and

 (c) the southern Basin Victoria zone, made up of the following SDL resource units:

 (i) Broken (SS5);

 (ii) Campaspe (SS7);

 (iii) Goulburn (SS6);

 (iv) Kiewa (SS3);

 (v) Loddon (SS8);

 (vi) Ovens (SS4);

 (vii) Victorian Murray (SS2); and

 (d) the southern Basin New South Wales zone, made up of the following SDL resource units:

 (i) Lower Darling (SS18);

 (ii) Murrumbidgee (SS15);

 (iii) New South Wales Murray (SS14); and

 (e) the southern Basin South Australia zone, made up of the following SDL resource units:

 (i) Eastern Mount Lofty Ranges (SS13);

 (ii) South Australian Murray (SS11); and

 (f) the southern Basin Australian Capital Territory zone, made up of the Australian Capital Territory (surface water) SDL resource unit (SS1).

 (3) For this section, the reduction targets for the zones are as follows:

 (a) northern Basin Queensland zone—17 GL per year;

 (b) northern Basin New South Wales zone—24 GL per year;

 (c) southern Basin Victoria zone—425.3 GL per year;

 (d) southern Basin New South Wales zone—458 GL per year;

 (e) southern Basin South Australia zone—82.8 GL per year;

 (f) southern Basin Australian Capital Territory zone—4.9 GL per year.

Default distribution of shared reduction amounts

 (4) Subject to subsections (5) to (14), the SDL resource unit shared reduction amount for SDL resource units in a zone is calculated, as at 31 December 2016, by allocating the reduction target for the zone among the SDL resource units in proportion to the amount, for each SDL resource unit, of its BDL, including any component of water diverted for urban water use, but excluding any component due to interception activities.

Redistribution of shared reduction amounts at request of Basin State

 (5) A Basin State may make a re-allocation adjustment request.  

 (6) For this section:

  re-allocation adjustment request means a request by a Basin State to the Authority to adjust the SDL resource unit shared reduction amounts for SDL resource units that are within a zone mentioned in subsection (2), being a request that:

 (a) is made for the purposes of this section:

 (i) before 1 July 2018; and

 (ii) before any water resource plan is submitted by the State for a water resource plan area in the zone (excluding any water resource plan submitted before the amendment of this section by the Basin Plan Amendment Instrument 2017 (No. 1)); and

 (b) has the effect that:

 (i) the total of the SDLs for each zone remains the same; and

 (ii) no SDL resource unit has an SDL that is larger than would result from replacing its shared reduction amount with zero; and

 (c) takes into account the amount of water already recovered by the Commonwealth at the time of the request (and does not, for example, request an SDL resource unit shared reduction amount for a unit that is lower than the amount of water already recovered by the Commonwealth at the time of the request).

Note: An earlier request referred to in section 7.14A is not a re-allocation adjustment request for the purposes of this section. A Basin State may, if it has made such an earlier request, confirm it (provided it satisfies paragraphs (b) and (c)) or vary it by making a re-allocation adjustment request for the purposes of this section. Otherwise, the default shared reduction amounts under subsection (4) will apply.  

 (7) A re-allocation adjustment request may not be varied or replaced once made. 

 (8) If the Authority receives a re-allocation adjustment request, the Authority must, as soon as practicable, publish the requested SDL resource unit shared reduction amounts for SDL resource units in the relevant zone on its website.

Variations due to changes in water recovery

 (9) A Basin State may:

  (a) after making a re-allocation adjustment request and by 31 December 2018; or

 (b) if no re-allocation adjustment request has been made—between 1 July 2018 and 31 December 2018;

  make a request to the Authority for variations to the SDL resource unit shared reduction amounts for SDL resource units in a zone.

 (10) A request under subsection (9):

 (a) must comply with paragraph (6)(b); and

 (b) must take into account the amount of water already recovered by the Commonwealth at the time of the request (and must not, for example, request an SDL resource unit shared reduction amount for a unit that is lower than the amount of water already recovered by the Commonwealth at the time of the request); and

 (c) must not change the SDL resource unit shared reduction amounts for SDL resource units in a water resource plan area for which a water resource plan has already been submitted.  

 (11) The Authority must consult with the Department upon receiving a request under subsection (9) that complies with subsection (10).              

 (12) The Authority may agree to the requested variations if both the Authority and the Department consider that it is appropriate for the Authority to do so in order to accommodate changes in the expected amount of water recovery in relevant SDL resource units.

 (13) If the Authority agrees to the requested variations, the Authority must update any relevant amounts that had been published under subsection (8) to reflect the variations.

Effect of publishing shared reduction amounts

 (14) If the Authority publishes an SDL resource unit shared reduction amount for an SDL resource unit on its website under this section, that amount is the SDL resource unit shared reduction amount for the relevant unit. 

[17] Subsection 6.06(1) (note)

  Repeal the note.

[18] Subsections 6.06(6)-(9) (including heading before subsection 6.06(6))

  Repeal the subsections (including the heading before subsection 6.06(6)).

[19] Subsection 6.08(3)

  After “For each”, insert “surface water”.

[20] After subsection 6.08(3)

  Insert:

 (3A) For each groundwater SDL resource unit, the register of take must include a record of amounts for determining compliance, as set out in Division 3.

[21] Subsection 6.08(6)

  Substitute:

 (6) When the register of take commences for a surface water SDL resource unit, it must record a cumulative balance of zero.

[22] Division 2 of Part 4 of Chapter 6 (heading)

  After “compliance”, insert “—surface water”.

[23] Section 6.09 (heading)

  After “long-term annual diversion limit”, insert “—surface water”.

[24] Subsection 6.09(1)

  Omit “an SDL resource unit”, substitute “a surface water SDL resource unit”.

[25] After subsection 6.11(4)

  Insert:

 (5) If, in the previous water accounting period, the circumstances mentioned in the example in paragraph 6.12(4)(b) applied, the cumulative balance for the SDL resource unit is to be adjusted by crediting to that balance the amount attributable to those circumstances.  

[26] Subsection 6.12(1)

  Omit “an SDL resource unit” (first occurring), substitute “a surface water SDL resource unit”.

[27] Paragraph 6.12(1)(a)

  Omit “an SDL resource unit”, substitute “the SDL resource unit”.  

[28] Subsection 6.12(3)

  Substitute:

 (3) A Basin State may not claim that there is a reasonable excuse for an excess unless it has provided a report to the Authority setting out the reasons for the excess.

[29] Subsection 6.12(4) (note)

  Repeal the note.

[30] At the end of section 6.12

  Insert:

 (5) A Basin State that relies on a claim it has made in accordance with subsection (3) must provide the Authority, in writing, with the steps the State will take to reduce the cumulative balance of the register to zero or less.

Note 1: The Basin State will not need to take steps to reduce the cumulative balance to the extent it will be adjusted under subsection 6.11(5).

Note 2: The Authority may undertake an audit in relation to compliance using its powers under the Act. The Authority may publish the findings of its audit, including steps that it believes should be taken to bring the SDL resource unit back to balance. The findings of such an audit may also lead to further action being taken by the Authority to ensure compliance with sections 34, 35, 58 and 59 of the Act.

[31] After Division 2 of Part 4 of Chapter 6

  Insert:

Division 3—Method for determining compliance—groundwater

6.12A Method for determining compliance with long-term annual diversion limit—groundwater

 (1) The method for determining compliance with the long-term annual diversion limit for a groundwater SDL resource unit in a water accounting period is to follow the steps set out in this Division.

 (2) The method applies to each water accounting period after 30 June 2019 following the commencement of a water resource plan relating to the SDL resource unit.

6.12B Step 1—Calculation of annual permitted take and annual actual take

 (1) For a water accounting period, sum the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit, determined in accordance with the method for section 10.10 (annual permitted take).              

Note: Section 10.10 requires a water resource plan to set out a method for determining the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit in each water accounting period.

 (2) For the same water accounting period, sum the quantity of water actually taken by each form of take for consumptive use from the SDL resource unit (annual actual take).

Note: See section 10.15.

6.12C Step 2—Determine whether there is non-compliance

Note: See paragraphs 71(1)(g) and (h) of the Act.

Water accounting periods up to 2028

 (1) There is non-compliance with a long-term annual diversion limit for the groundwater SDL resource unit in a water accounting period ending on or before 30 June 2028, if:

 (a) the sum of annual actual take in the water accounting periods since 1 July 2019

  is greater than

  the sum of annual permitted take for those water accounting periods plus 20% of the long-term annual diversion limit for the SDL resource unit, after adjusting, for any previous water accounting period in which the circumstances mentioned in the example in paragraph (4)(b) applied, by the amount attributable to those circumstances; and  

 (b) the Basin State does not have a reasonable excuse for the excess.

Note: The effect of the subsection above is the same as the effect of section 6.12 which applies in relation to surface water SDL resource units.

Water accounting periods after 2028

 (2) There is non-compliance with a long-term annual diversion limit for the groundwater SDL resource unit in a water accounting period ending after 30 June 2028, if:

 (a) the average annual actual take over the 10 year period ending with that water accounting period is greater than the average annual permitted take over the 10 year period, after adjusting, for any previous water accounting period in which the circumstances mentioned in the example in paragraph (4)(b) applied, by the amount attributable to those circumstances; and

 (b) the Basin State does not have a reasonable excuse for the excess.

 (3) A Basin State may not claim that there is a reasonable excuse for an excess unless it has provided a report to the Authority setting out the reasons for the excess.

 (4) A Basin State is taken to have a reasonable excuse for an excess if the excess arises as the result of:

 (a) the operation of the water resource plan for the SDL resource unit; or

 (b) circumstances beyond the Basin State’s control (for example where, for reasons beyond the Basin State’s control, the Commonwealth has not achieved the water recovery target that it has set for itself in relation to the SDL resource unit).

 (5) A Basin State that relies on a claim it has made in accordance with subsection (3) must provide the Authority, in writing, with the steps the State will take to reach the point where there is no excess under whichever of paragraphs (1)(a) and (2)(a) is then relevant.

Note 1: The Basin State will not need to take steps to the extent there will be an adjustment under paragraph (1)(a) or (2)(a).

Note 2: The Authority may undertake an audit in relation to compliance using its powers under the Act. The Authority may publish the findings of its audit, including steps that it believes should be taken to bring the SDL resource unit back to balance. The findings of such an audit may also lead to further action being taken by the Authority to ensure compliance with sections 34, 35, 58 and 59 of the Act.

[32] Note after the heading to Chapter 7

  Omit “Under Part 3, the Authority can propose adjustments to surface water SDLs to re-allocate SDL shared reduction amounts set under section 6.05. If Basin States request a particular re-allocation, the Authority must propose it.”

[33] Paragraph 7.01(2)(b)

  Repeal the paragraph.

[34] Subsection 7.07(1)

  Omit “more than one of Parts 2, 3 and 4”, substitute “Parts 2 and 4”.

[34A] Subsection 7.14(1)

  Omit “(1) This”, substitute “This”.

[35] Subsection 7.14(2)

  Repeal the subsection.

[36] After section 7.14

  Insert:

7.14A Shared reduction amounts to be applied in determining adjustments

 (1) Subject to subsection (2), the Authority must determine the amounts of adjustments under this Division to the SDL for an SDL resource unit on the basis that the SDL resource unit shared reduction amount for the unit is the amount calculated under subsection 6.05(4).

 (2) If a Basin State has made a re-allocation adjustment request for this section, the Authority must determine the amounts of adjustments under this Division to the SDL for an SDL resource unit applying the SDL resource unit shared reduction amount requested by the State for that unit.

 (3) For this section:

  re-allocation adjustment request means a request made by a Basin State to the Authority to adjust the SDL resource unit shared reduction amounts for SDL resource units that are within a zone mentioned in subsection 6.05(2), being a request that:

 (a) either:

 (i) was made before 1 July 2016, for the purposes of section 7.23 as it stood before the repeal of that section by the Basin Plan Amendment Instrument 2017 (No. 1), and has not been withdrawn or replaced by a request referred to in subparagraph (ii); or

 (ii) was made between 1 July 2016 and 30 June 2017, and expressed to be made in anticipation of the insertion of this section by the Basin Plan Amendment Instrument 2017 (No. 1); and

 (b) has the effect that:

 (i) the total of the SDLs for each zone remains the same; and

 (ii) no SDL resource unit has an SDL that is larger than would result from replacing its shared reduction amount with zero.

Note 1: The same SDL resource unit shared reduction amounts will be used for the purpose of calculating any initial adjustments in 2017 and any reconciliation adjustments in 2024.

Note 2: A request for this section is not a re-allocation adjustment request for the purposes of section 6.05.

[37] Part 3 of Chapter 7

  Repeal the Part.

[38] Section 9.06

  After “surface water”, insert “or groundwater”.

[39] Subsection 10.04(4) (not including the heading)

  Substitute:

 (4) A water resource plan must include a list that specifies:

 (a) each requirement set out in this Chapter (individually or by reference to a group of requirements); and

 (b) the part of the plan that addresses each requirement (or group of requirements); and

 (c) the parts of the plan that will cease to have effect or are to be reviewed, and the times at which those parts will cease to have effect or are to be reviewed.

Note: For paragraphs (a) and (b), the list may, for example, group multiple requirements in Chapter 10 together and specify that those requirements are addressed in a single document that deals with those requirements.

[40] Note before section 10.10

  Substitute:

Note: This Division sets out the principal provisions for how a water resource plan incorporates and applies the SDL for each SDL resource unit. The SDLs take effect from 1 July 2019. Water resource plans may be accredited before then and have effect until the relevant time referred to in section 64 of the Act.

[41] Subsection 10.11(1) (note 1)

  Omit “subsection 6.10(1)”, substitute “subsections 6.10(1) and 6.12B(1)”.

[42] Subsection 10.15(1) (note)

  Omit “subsection 6.10(2)”, substitute “subsections 6.10(2) and 6.12B(2)”.

[43] Subsection 10.20(1)

  Substitute:

 (1) A water resource plan must be prepared having regard to whether it is necessary for it to include rules which ensure that the operation of the plan does not compromise:

 (a) the overall structural integrity of the aquifer (whether within or outside the water resource plan area) arising from take within the long-term annual diversion limit for an SDL resource unit; or             

 (b) the overall hydraulic relationships and properties between groundwater and surface water systems, between groundwater systems, and within groundwater systems.

[44] Section 10.21

  Substitute:

10.21 Additional requirements for Western Porous Rock, Gunnedah-Oxley Basin MDB, Sydney Basin MDB and Goulburn-Murray: Sedimentary Plain SDL resource units

 (1) A water resource plan for the NSW Murray-Darling Basin Porous Rock water resource plan area must, in relation to the Western Porous Rock, Gunnedah-Oxley Basin MDB and Sydney Basin MDB SDL resource units, include rules that are designed to ensure that the objectives set out in the following provisions are met:

 (a) section 10.18;

 (b) section 10.19;

 (c) section 10.20.

 (2) A water resource plan for the Goulburn-Murray water resource plan area must, in relation to the Goulburn-Murray: Sedimentary Plain SDL resource unit, include rules that are designed to ensure that the objective set out in section 10.20 is met.

Note: The objectives set out in the provisions referred to are the following:

(a) in section 10.18—that for priority environmental assets and priority ecosystem functions that depend on groundwater, the operation of the plan does not compromise the meeting of environmental watering requirements;

(b) in section 10.19—that for groundwater that has a significant hydrological connection to surface water, the operation of the plan does not compromise the meeting of environmental watering requirements;

(c) in section 10.20—that the operation of the plan does not compromise:

 (i) the overall structural integrity of the aquifer (whether within or outside the water resource plan area) arising from take within the long-term annual diversion limit for an SDL resource unit; or             

 (ii) the overall hydraulic relationships and properties between groundwater and surface water systems, between groundwater systems, and within groundwater systems.

[45] After the heading to Part 7 of Chapter 10 (and the note under that heading)

  Insert:

Division 1—Requirement for water quality management plan

[46] Section 10.29

  Substitute:

10.29 Water resource plan to include WQM Plan

  A water resource plan must include a water quality management plan (WQM Plan). The WQM Plan must:

 (a) for water resource plan areas made up of only surface water SDL resource units—be made in accordance with Division 2;

 (b) for water resource plan areas made up of only groundwater SDL resource units—be made in accordance with Division 3;

 (c) for water resource plan areas made up of both surface water SDL resource units and groundwater SDL resource units—be made in accordance with:

 (i) Division 2 in relation to surface water SDL resource units (as if a reference in Division 2 to the water resource plan area were a reference to the surface water SDL resource units of the water resource plan area); and

 (ii) Division 3 in relation to groundwater SDL resource units (as if a reference in Division 3 to the water resource plan area were a reference to the groundwater SDL resource units of the water resource plan area).

[47] Before section 10.30

  Insert:

Division 2—Surface water

[48] After section 10.35

  Insert:

Division 3—Groundwater

10.35A WQM Plan to identify key causes of water quality degradation

  The WQM Plan must identify the causes, or likely causes, of water quality degradation in the water resource plan area having regard to the key causes of water quality degradation identified in Part 2 of Chapter 9 and set out in Schedule 10.

 10.35B WQM Plan to identify water quality target values

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

 (2) The water quality target values are the following:

  (a) for fresh water-dependent ecosystems—the applicable target values referred to in section 9.16;

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

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

 (3) 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.

10.35C Consideration to be given to rules or measures

 (1) 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.  

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

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

 (b) 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

 (c) 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

 (d) 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.

 (3) 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.

10.35D Additional requirement for Western Porous Rock, Gunnedah-Oxley Basin MDB, Sydney Basin MDB and Goulburn-Murray: Sedimentary Plain SDL resource units

  The WQM Plan for the following water resource plan areas must include rules or measures that are designed to ensure that the objective set out in section 10.35C is met:

  (a) 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;

 (b) the Goulburn-Murray water resource plan area, in relation to the Goulburn-Murray: Sedimentary Plain SDL resource unit.  

Note: 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.

[49] Section 10.44 (heading)

  Omit “water access entitlements”, substitute “water access rights”.

[50] After section 10.47

  Insert:

10.47A Additional requirements for Western Porous Rock, Gunnedah-Oxley Basin MDB, Sydney Basin MDB and Goulburn-Murray: Sedimentary Plain SDL resource units             

  If a review of the relevant water resource plan in relation to any of the Western Porous Rock, Gunnedah-Oxley Basin MDB, Sydney Basin MDB or Goulburn-Murray: Sedimentary Plain SDL resource units is undertaken, the review must assess:

 (a) the effectiveness of the implementation of the rules of the water resource plan; and

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

[51] Section 12.05, table, item 12

  Repeal the item.

[52] Subsection 12.16(1)

  After “any restriction on changing the location at which the water to which the right relates may be taken,”, insert “and any restriction that is a volumetric limit,”.

[53] Section 12.17

  Repeal the section.

[54] Subsection 12.18(1)

  Omit “or section 12.17”.

[55] Subsection 12.19(1)

  Omit “or section 12.17”.

[56] Subsection 12.20(1)

  Omit “or section 12.17”.

[57] Subsection 12.47(5) (including note)

  Substitute:

 (4A) 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:

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

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

 (5) 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:

 (a) 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

 (b) water access entitlements held by its customers; and

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

  is at least 10GL.

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

 (5A) For subsection (5):

customer, in relation to an irrigation infrastructure operator, means a person who is entitled to infrastructure services, such as the holder of a water delivery right, from the operator.

infrastructure service means access, or a service provided in relation to access, to water service infrastructure and includes the storage, delivery, drainage and taking of water.

[58] Paragraph 13.05(1)(a)

  Omit “paragraph 214(2)(a)”, substitute “section 52A”.

[59] Paragraph 13.05(1)(b)

  Omit “after the first 5 years”, substitute “before the end of 2020”.

[60] Paragraph 13.05(2)(a)

  Substitute:

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

[61] Division 2 of Part 3 of Chapter 13 (heading)

  Substitute:

Division 2—Reviews of water quality targets, environmental watering plan and social and economic impacts

[62] Section 13.07

  Substitute:

13.07 Purpose of reviews

  The purpose of the reviews required by this Division is to assess:

 (a) the effectiveness of:

 (i) the water quality targets in the water quality and salinity management plan; and

 (ii) the environmental watering plan;

  in contributing to the achievement of the objectives set out in Chapters 8 and 9; and

 (b) the social and economic impacts of the Basin Plan.

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

[63] Subsection 13.08(1) (not including the note)

  Substitute:

 (1) 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.

[64] Subsection 13.09(1)

  Substitute:

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

[65] After section 13.09

  Insert:

13.09A Reviews of the social and economic impacts of the Basin Plan

 (1) 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.

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

[66] Subsection 13.23(1)

  Substitute:

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

[67] Schedule 2, item 2, column 2 (note 2)

  Substitute:

Note 2: As of 30 June 2012, the reduction achieved is estimated to be 8 GL per year.

[68] Schedule 2, item 3, column 2 (note 2)

  Substitute:

Note 2: As of 30 June 2012, the reduction achieved is estimated to be 1 GL per year.

[69] Schedule 2, item 4, column 2 (note 2)

  Substitute:

Note 2: As of 30 June 2012, the reduction achieved is estimated to be 28 GL per year.

[70] Schedule 2, subheading before item 5

  Omit “Moonie”, substitute “Queensland Border Rivers-Moonie”.

[71] Schedule 2, item 5, column 2 (note 2)

  Substitute:

Note 2: As of 30 June 2012, the reduction achieved is estimated to be 1 GL per year.

[72] Schedule 2, subheading before item 6

  Repeal the subheading.

[73] Schedule 2, item 6, column 2

  Substitute:

The limit is the BDL minus 14 GL per year (local reduction amount) minus the SDL resource unit shared reduction amount.

Note 1: The Authority estimates the BDL to be 320 GL per year and therefore this limit is estimated to be 306 GL per year minus the SDL resource unit shared reduction amount.

Note 2: As of 30 June 2012, the reduction achieved is estimated to be 4 GL per year.

[74] Schedule 2, item 7, column 2 (note 2)

  Substitute:

Note 2: As of 30 June 2012, the reduction achieved is estimated to be 8 GL per year.

[75] Schedule 2, item 8, column 2

  Substitute:

The limit is the BDL minus 32 GL per year (local reduction amount) minus the SDL resource unit shared reduction amount.

Note 1: The Authority estimates the BDL to be 198 GL per year and therefore this limit is estimated to be 166 GL per year minus the SDL resource unit shared reduction amount.

Note 2: As of 30 June 2012, the reduction achieved is estimated to be 22 GL per year.

[76] Schedule 2, item 9, column 2 (note 2)

  Substitute:

Note 2: As of 30 June 2012, the reduction achieved is estimated to be 4.6 GL per year.

[77] Schedule 2, item 10, column 2 (note 2)

  Substitute:

Note 2: As of 30 June 2012, the reduction achieved is estimated to be 50 GL per year.

[78] Schedule 2, item 11, column 2

  Substitute:

The limit is the BDL minus 20 GL per year (local reduction amount) minus the SDL resource unit shared reduction amount.

Note 1: The Authority estimates the BDL to be 508 GL per year and therefore this limit is estimated to be 488 GL per year minus the SDL resource unit shared reduction amount.

Note 2: As of 30 June 2012, the reduction achieved is estimated to be 17 GL per year.

[79] Schedule 2, item 12, column 2

  Substitute:

The limit is the BDL minus 55 GL per year (local reduction amount) minus the SDL resource unit shared reduction amount.

Note 1: The Authority estimates the BDL to be 734 GL per year and therefore this limit is estimated to be 679 GL per year minus the SDL resource unit shared reduction amount.

Note 2: As of 30 June 2012, the reduction achieved is estimated to be 89 GL per year.

[80] Schedule 2, item 13, column 2 (note 2)

  Substitute:

Note 2: As of 30 June 2012, the reduction achieved is estimated to be 65 GL per year.

[81] Schedule 2, item 14, column 2 (note 2)

  Substitute:

Note 2: As of 30 June 2012, the reduction achieved is estimated to be 173 GL per year.

[82] Schedule 2, item 15, column 2 (note 2)

  Substitute:

Note 2: As of 30 June 2012, the reduction achieved is estimated to be 243 GL per year.

[83] Schedule 2, item 16, column 2 (note 2)

  Substitute:

Note 2: As of 30 June 2012, the reduction achieved is estimated to be 2.8 GL per year.

[84] Schedule 2, item 17, column 2 (note 2)

  Substitute:

Note 2: As of 30 June 2012, the reduction achieved is estimated to be 375 GL per year.

[85] Schedule 2, item 20, column 2 (note 2)

  Substitute:

Note 2: As of 30 June 2012, the reduction achieved is estimated to be 334 GL per year.

[86] Schedule 2, item 22, column 2 (note 2)

  Substitute:

Note 2: As of 30 June 2012, the reduction achieved is estimated to be 18 GL per year.

[87] Schedule 2, item 23, column 2 (note 2)

  Substitute:

Note 2: As of 30 June 2012, the reduction achieved is estimated to be 3 GL per year.

[88] Schedule 2, item 24, column 2 (note 2)

  Substitute:

Note 2: As of 30 June 2012, the reduction achieved is estimated to be zero GL per year.

[89] Schedule 2, item 25, column 2 (note 2)

  Substitute:

Note 2: As of 30 June 2012, the reduction achieved is estimated to be 99 GL per year.

[90] Schedule 2, item 29, column 2 (note)

  Substitute:

Note: The Authority estimates the BDL to be 54.7 GL per year and therefore this limit is estimated to be 54.7 GL per year minus the SDL resource unit shared reduction amount.

[91] Schedule 3, subheading before item 5

  Omit “Moonie”, substitute “Queensland Border Rivers-Moonie”

[92] Schedule 3, subheading before item 6

  Repeal the subheading.

[93] Schedule 3, item 29, column 2

  Substitute:

The BDL is the sum of:

(a)  the long-term annual average limit on the quantity of water that can be taken from watercourses calculated by:

(i) summing the quantity of water that would have been taken by that form of take in accordance with Schedule E to the Agreement as at 30 June 2009 for each year of the historical climate conditions (including an adjustment to account for population growth to 30 June 2009 and an adjustment to reflect a revised estimate of historic water use); and

(ii)  dividing that quantity by all the years of the historical climate conditions; and

(iii) adding the long-term average ACT Living Murray contribution being that allocated to the Living Murray as referred to in sub-clause 9(1) of Schedule E to the Agreement; and

(b) the long-term annual average limit on the quantity of water that can be taken by runoff dams (excluding take under basic rights) calculated on the basis of the take under the level of development that existed on 30 June 2009; and

(c)  the long-term annual average take of water by runoff dams under basic rights at the level of development that existed on 30 June 2009; and

(d)  the long-term annual average net take of water by commercial plantations calculated on the basis of the take under the level of development that existed on 30 June 2009.

Note to paragraph (a): The Authority estimates this to be 42.7 GL per year. This includes 0.5 GL per year to account for population growth to 30 June 2009 and 0.2 GL per year to reflect a revised estimate of historic water use. It also includes the ACT Living Murray contribution of 2 GL per year, which was provided by the Australian Capital Territory and sourced within New South Wales.

Note to paragraphs (b) and (c): The Authority estimates the sum of items (b) and (c) to be 1 GL per year.

Note to paragraph (d): The Authority estimates this to be 11 GL per year.

[94] Schedule 4, table

  Substitute: