5649

2008

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Water Amendment Bill 2008

 

 

(Amendments to be moved by Senator Xenophon in committee of the whole)

(1)     Page 2 (after line 11), after clause 3, insert:

4  Review of operation of Water Act 2007 as amended by this Act

             (1)  The Productivity Commission must, by 30 June 2010, and each 30 June thereafter, prepare a report on the operation of the Water Act 2007 as amended by this Act and provide it to the Minister.

             (2)  In preparing a report required under subsection (1), the Productivity Commission must consider but is not limited to the following matters:

                     (a)  the environmental impact on inflows;

                     (b)  the economic sustainability of Basin water resources;

                     (c)  the environmental sustainability of Basin water resources;

                     (d)  the relative efficiency of water trading rules;

                     (e)  the effectiveness of the Authority in carrying out its functions;

                      (f)  the adequacy of the powers of the Authority;

                     (g)  alternative models buying back tradeable water rights;

                     (h)  the effectiveness of infrastructure projects and other water-saving measures funded (in whole or in part) by the Commonwealth;

                      (i)  any other matter relevant to the objects of the Water Act 2007 .

             (3)  The Minister must ensure that the Productivity Commission has sufficient resources to prepare a report required under subsection (1).

             (4)  The Minister must cause a copy of a report prepared under subsection (1) to be tabled in each House of the Parliament within 5 sitting days of that House after receiving the report.

[review of operation of amendments]

(2)     Schedule 2, page 306 (after line 1), after item 97, insert:

97D  Before paragraph 172(1)(a)

Insert:

                    (aa)  to pursue and, where appropriate, make recommendations to other agencies to pursue the objects of the Act as set out in section 3;

[the Authority’s functions]

(3)     Schedule 2, page 293 (after line 7), after item 45, insert:

45A  Before paragraph 20(a)

Insert:

                    (aa)  the Authority to take a whole of Basin approach in managing Basin water resources, taking into account environmental, social, economic and hydrological considerations; and

[whole of basin approach]

(4)     Schedule 2, page 294 (after line 14), after item 52, insert:

52B  After section 26

Insert:

26B  Trading and transfer of tradeable water rights

             (1)  The Commonwealth and the Commonwealth Environmental Water Holder are not subject to any restrictions on the trading or transfer of tradeable water rights in relation to Basin water resources.

             (2)  A State that imposes restrictions on the trading and transfer of tradeable water rights in relation to Basin water resources is not eligible to receive any Commonwealth funding under the National Water Initiative.

[trading and transfer of water rights]

(5)     Schedule 2, page 295 (after line 7), after item 59, insert:

59A  At the end of Subdivision D of Division 1 of Part 2

Add:

40A  Failure to comply with Basin Plan

             (1)  If a Basin State fails to comply with the Basin Plan, the Minister must assess:

                     (a)  the impact of that failure to comply on the shares of other Basin States in the Basin water resources; and

                     (b)  the quantitative effect of that failure to comply on the Basin water resources.

             (2)  If a Basin State fails to comply with the Basin Plan, the Minister must by determination reduce that Basin State’s share in the Basin water resources by 10 times the quantitative effect of that failure to comply as assessed under paragraph (1)(b).

             (3)  If a Basin State, after the Minister under subsection (2) reduces that Basin State’s share in the Basin water resources, continues to fail to comply with the Basin Plan, the Minister must apply for an injunction against the Basin State under section 140.

[failure to comply with Basin Plan]

 (6)    Amendment no. (3) on sheet 5640 in the name of Senator Nash, at the end of proposed section 259, add:

             (4)  The Minister, in considering the content of any structural adjustment package, must take into account the history of relative water efficiencies in irrigation industries and the means by which they have been achieved.

[structural adjustment package]