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Water Amendment Bill 2008

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5660

2008

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Water Amendment Bill 2008

 

 

(1)     Page 326 (after line 32), at the end of the bill, add:

Schedule 4—Amendments related to the recognition of Indigenous water rights

Water Act 2007

1  After paragraph 3(d)

Insert:

                   (da)  to give recognition to indigenous water rights and delivery of cultural flows; and

2  Subsection 4(1)

Insert:

cultural flows are water entitlements that are legally and beneficially owned by the Indigenous Nations of a sufficient and adequate quantity and quality to improve the spiritual, cultural, environmental, social and economic conditions of those Indigenous Nations.

3  Subsection 4(1)

Insert:

cultural water has the meaning given by section 6A.

4  Subsection 4(1) (definition of relevant international agreement)

After paragraph (h), insert:

                   (ha)  the United Nations Declaration on the Rights of Indigenous Peoples;

5  After section 6

Insert:

6A  Cultural water

             (1)  Cultural water comprises water entitlements derived from cultural flows.

             (2)  Cultural water within the Basin can be used for the following purposes:

                     (a)  empowerment and social justice—water is delivered to Country by the peoples;

                     (b)  growing native plants;

                     (c)  protecting and hunting animals;

                     (d)  song, dance, art and ceremony;

                     (e)  spiritual sites;

                      (f)  improved cultural, economic and health outcomes through the provision of food, medicines and materials for art.

6  At the end of section 21

Add:

Basin Plan to recognise the right to cultural water

             (8)  The Basin Plan must be prepared so as to recognise cultural flows and provide recognition of entitlements to cultural water.

Note:          cultural water has the meaning given by section 6A.

7  After paragraph 22(3)(e)

Add:

             and (ea)  the recognition of cultural flows and entitlements to cultural water;

8  At the end of subsection 28(1)

Add:

               and (f)  recognise cultural flows and entitlements to cultural water;

9  At the end of subsection 178(3)

Add:

                   ; (h)  Indigenous water rights and cultural flows.

10  After paragraph 202(3)(b)

Insert:

               and (c)  an Indigenous water subcommittee, to guide the development and implementation of Cultural Water allocations;

11  At the end of subsection 202(5)

Add:

             ; and (c)  an individual with expertise in Indigenous water rights and cultural flows.

12  At the end of subsection 202(7)

Add:

               ; or (e)  uses water as cultural water.

Note:       cultural water has the meaning given by section 6A.

[recognition of Indigenous water rights]

(2)     Clause 2, page 2 (table item 4), omit “Schedule 3”, substitute “Schedules 3 and 4”.

[commencement]