5622- Revised 2

2008

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Water Amendment Bill 2008

 

 

(Amendments to be moved by Senator Birmingham and Senator Fisher on behalf of the Opposition in committee of the whole)

(1)     Schedule 2, page 294 (after line 2), after item 50, insert:

50A  At the end of section 21

Add:

Basin Plan not to permit taking water for additional uses outside Basin

             (8)  The Basin Plan must ensure that no water is taken from Basin water resources for use outside the Murray-Darling Basin unless, prior to 3 July 2008, water would have been taken from Basin water resources for that use.

Note:          3 July 2008 is the date the Commonwealth, the Basin States and the Australian Capital Territory entered into an intergovernmental agreement on Murray-Darling Basin Reform.

             (9)  The Basin Plan must not permit:

                     (a)  the construction or operation of water infrastructure; or

                     (b)  work in the nature of a river flow control work;

if the primary purpose of that construction, operation or work is to enable water to be taken contrary to subsection (8).

Note 1:       water infrastructure is defined in section 7(3).

Note 2:       river flow control work is defined in section 8 but has a meaning affected by subsection (10).

           (10)  For the purposes of this section, river flow control work has the meaning it would have if paragraph 8(2)(b) were repealed.

[prohibition on taking water for additional uses outside Basin]

 (2)    Schedule 2, page 318 (after line 32), after item 162, add:

162A  At the end of Part 12

Add:

257  Prohibited water infrastructure operations

             (1)  An infrastructure operator must not:

                     (a)  construct or operate water infrastructure; or

                     (b)  undertake work in the nature of a river flow control work;

if the primary purpose of that construction, operation or work is to enable water to be taken from Basin water resources for use outside the Murray-Darling Basin.

Note 1:       infrastructure operator and water infrastructure are defined in section 7.

Note 2:       river flow control work is defined in section 8 but has a meaning affected by subsection (3).

             (2)  Subsection (1) does not apply if, prior to 3 July 2008, water would have been taken from Basin water resources for that use.

             (3)  For the purposes of this section, river flow control work has the meaning it would have if paragraph 8(2)(b) were repealed.

[prohibited water infrastructure operations]