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Water Amendment (Long-term Average Sustainable Diversion Limit Adjustment) Bill 2012

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7310

2010-2011-2012

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Water Amendment (Long-term Average Sustainable Diversion Limit Adjustment) Bill 2012

 

 

( 1 )     Schedule 1 , page 3 (after line 6) , after item 1 , insert:

1A  Subsection 4(1)

Insert:

EC means electrical conductivity.

[adoption of amendments]

( 2 )     Schedule 1 , page 4 (after line 23) , after item 9 , insert:

9A  After subsection 22(9)

Insert:

          (9A)  The Basin Plan must not allow any increase to ground water extraction unless:

                     (a)  the proposed ground water extraction has been assessed using a regional scale, multi-layer, transient groundwater flow model that is linked to existing surface water models and demonstrates the impact of the proposed ground water extraction on:

                              (i)  surface water systems and flows; and

                             (ii)  ground water dependent ecosystems; and

                            (iii)  the long-term sustainability of the aquifer; and

                     (b)  the assessment takes into account the cumulative impact of all existing ground water extractions and the proposed ground water extraction; and

                     (c)  if the proposed ground water extraction will cause a reduction in surface water—the quantity of ground water to be extracted will be offset through the purchase, by or on behalf of the Commonwealth, of water rights to an equivalent quantity of surface water.

[ground water]

( 3 )     Schedule 1 , item 10 , page 6 (line 18) , at the end of subsection 23A ( 2 ), add:

             ; and (e)  a requirement for the Authority not to propose an adjustment under paragraph (1)(a) or (b) without:

                              (i)  undertaking modelling of the environmental impacts of the proposed adjustment using an integrated water model that takes into account the best available science including the most recent knowledge about climate change, ground water and the environmental water requirements of key environmental assets and key ecosystem functions of the water resource; and

                             (ii)  publicly releasing the modelling along with a plain language assessment of the environmental outcomes modelled, including in relation to ground water and the environmental water requirements of key environmental assets and key ecosystem functions of the water resource.

[modelling]

( 4 )     Schedule 1 , item 10 , page 6 (lines 29 to 33) , omit subsection 23A ( 4 ), substitute:

Limit on proposed adjustments

             (4)  One or more adjustments may be proposed by the Authority under paragraph (1)(a), and an adjustment may be proposed under paragraph (1)(b) as a result of those adjustments, only if the adjustment under paragraph (1)(b) would not have the effect of reducing the volume of water available for the environment.

[adjustments]

( 5 )     Schedule 1 , item 10 , page 9 (after line 30) , after subsection 23B(6) , insert:

          (6A)  The Minister must not adopt the amendment unless the Minister is satisfied that, if the amendment is made:

                     (a)  the long-term average sustainable diversion limit will continue to reflect an environmentally sustainable level of take; and

                     (b)  Australia’s international obligations under the Ramsar Convention will be upheld; and

                     (c)  the long-term average sustainable diversion limit will maintain or improve the following environmental outcomes:

                              (i)  in relation to average daily salinity levels for Lake Alexandrina—less than 1500EC at all times and less than 1000EC for 95% of the time;

                             (ii)  in relation to average daily salinity levels for Coorong, South Lagoon—must not exceed 100 grams per litre in any 2 consecutive years and must remain less than 100 grams per litre for 96% of the time;

                            (iii)  in relation to barrage flows—greater than 2000 gigalitres per year on a 3 year rolling basis, with a minimum of 650 gigalitres per year for 95% of years, greater than 600 gigalitres in any 2 year period and greater than zero gigalitres in all years;

                            (iv)  in relation to the mouth of the River Murray—the mouth to be open to an average annual depth of 1 metre or more for at least 95% of years and to an average annual depth of 0.7 metres or more for at least 95% of years;

                             (v)  the environmental outcomes met under an integrated, Basin-wide, fit for purpose model run based on the levels of extraction contained in the BP-3200-RC model run and the 112 hydrologic indicator targets.

[adoption of amendments]