Commonwealth: Water Act 2007 (Cth)

Water Act 2007 No. 137, 2007 Compilation No. 33 Compilation date: 14 October 2024 Includes amendments: Act No. 38, 2024 This compilation is in 2 volumes Volume 1: sections 1–239W Volume 2: sections 241–256 Schedules Endnotes Each volume has its own contents About this compilation This compilation This is a compilation of the Water Act 2007 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Objects 4 Definitions 5 Application of the Acts Interpretation Act 1901 to Parts 1A, 2A, 4, 4A, 10A and 11A 6 Planned environmental water 6A Meaning of eligible tradeable water right 7 Infrastructure operators etc. 8 River flow control works 9 Constitutional basis for Act 9A Constitutional basis of Parts 1A, 2A, 4, 4A, 10A and 11A 10 Basis for Basin water charge, water trading and water market rules 11 Reading down provision in relation to the operation of sections 99 and 100 of the Constitution 12 Application to Crown etc. 12A Actions of the Murray‑Darling Basin Ministerial Council 13 The Native Title Act 1993 not affected Part 1A—The Murray‑Darling Basin Agreement Division 1—Preliminary 18A Definitions 18B Meaning of referring State Division 2—The Murray‑Darling Basin Agreement 18C Amendment of Schedule 1 18D Protocols made by the Authority Division 3—Functions, powers and duties under the Agreement 18E Additional functions, powers and duties of the Authority 18F Additional functions, powers and duties of the Basin Community Committee 18G Management of money and assets 18H Managing water access rights etc. for the Living Murray Initiative Part 2—Management of Basin water resources Division 1—Basin Plan Subdivision A—Introduction 19 Simplified outline Subdivision B—Basin Plan, its purpose and contents 20 Purpose of Basin Plan 21 General basis on which Basin Plan to be developed 22 Content of Basin Plan 23 Long‑term average sustainable diversion limits 23A Proposing adjustments of long‑term average sustainable diversion limits 23B Adopting proposed adjustments as amendments of Basin Plan 24 Temporary diversion provision 25 Water quality and salinity management plan 26 Water trading and transfer rules 27 Basin Plan to be published on Authority's website Subdivision C—Environmental management 28 Environmental watering plan 29 Authority to consult holders and managers of environmental water in implementing environmental watering plan 30 Environmental watering schedules 31 Authority to coordinate delivery of environmental water 32 Authority to identify and account for held environmental water Subdivision D—Effect of Basin Plan 33 Basin Plan is a legislative instrument 34 Effect of Basin Plan on Authority and other agencies of the Commonwealth 35 Effect of Basin Plan on other agencies and persons 36 Constitutional operation of section 35 (general) 37 Constitutional operation of section 35 (water trading rules) 38 Regulations may provide for exceptions 39 Obligations under both Basin Plan and water resource plans 40 Effect on State laws Subdivision E—Procedure for making Basin Plan 41 Authority to prepare Basin Plan and give to Minister for adoption 42 Consultations by Authority in preparing Basin Plan 43 Authority to seek submissions on proposed Basin Plan 43A Authority to seek comments from Murray‑Darling Basin Ministerial Council on proposed Basin Plan 44 Minister may adopt Basin Plan Subdivision F—Amendment of Basin Plan 45 Authority may prepare amendment of Basin Plan 46 Consultations by Authority in preparing amendment of Basin Plan 47 Authority to seek submissions on proposed amendment of Basin Plan 47A Authority to seek comments from Murray‑Darling Basin Ministerial Council on proposed amendment of Basin Plan 48 Minister may adopt amendment of Basin Plan 49 Minor or non‑substantive amendments of Basin Plan 49AA Amendment of the Basin Plan that is the same in effect as an amendment that has been disallowed Subdivision G—Review of Basin Plan 49A Authority to advise Murray‑Darling Basin Ministerial Council on impacts of Basin Plan 50 Review of Basin Plan—general 51 Authority to prepare discussion paper and seek submissions 52 Review may lead to amendment of Basin Plan Subdivision H—Annual analysis of Basin Plan's effectiveness 52A Annual analysis of Basin Plan's effectiveness Division 2—Water resource plans for particular water resource plan areas Subdivision A—Introduction 53 Simplified outline Subdivision B—Water resource plans 54 Water resource plans for water resource plan areas 55 Content of water resource plan 56 General basis for accrediting and making water resource plans Subdivision C—Effect of a water resource plan 57 Water resource plan adopted under section 69 is a legislative instrument 58 Effect of water resource plan on Authority and other agencies of the Commonwealth 59 Effect of water resource plan on other agencies and bodies 60 Constitutional operation of section 59 (general) 61 Constitutional operation of section 59 (water trading rules) 62 Regulations may provide for exceptions Subdivision D—Accrediting water resource plans prepared by Basin States 63 Accrediting water resource plans prepared by Basin States 63A Googong Dam Area to be treated as if located in the Australian Capital Territory 64 Duration of accreditation 65 Accrediting amendments of accredited water resource plans 66 Accrediting minor or non‑substantive amendments of accredited water resource plans 67 Authority may assist Basin State to prepare water resource plan Subdivision E—Water resource plans prepared by Authority and adopted by Minister 68 Minister may request Authority to prepare water resource plan 69 Minister may adopt water resource plan 70 Duration of plan adopted under section 69 Subdivision F—Reporting obligations 71 Reporting obligations of Basin States Division 3—Procedures to be followed before taking step‑in action 72 Scope of Division 73 Procedure to be followed before exercising step‑in power Division 3A—Offences and civil penalty provisions Subdivision A—Contraventions of laws relating to taking water from a water resource 73A Taking water when not permitted under State law—basic contravention 73B Taking water when not permitted under State law—aggravated contravention 73C Constitutional basis of sections 73A and 73B 73D Additional operation of sections 73A and 73B 73E Restrictions on taking action under Part 8 or 10AA in relation to alleged contravention of section 73A or 73B Subdivision B—Contraventions of the Basin Plan 73F Failing to give reasons for restricting trade of water delivery right as required by the Basin Plan 73H Trading water access right before water announcement made or generally available in contravention of the Basin Plan 73J Application of sections 73F to 73H 73K Additional application of section 73H Division 3B—Audits 73L Audits 73M Responses to audit reports including recommendations that an agency take certain action Division 4—Allocation of risks in relation to reductions in water availability Subdivision A—Risks arising from reductions in diversion limits 74 Simplified outline 74A States applying the risk assignment framework 75 Basin Plan to specify Commonwealth share of reduction in long‑term average sustainable diversion limit 76 Commonwealth to manage Commonwealth share of reduction in diversion limit 77 Payments to water access entitlement holders 77A Commonwealth may request information for the purposes of this Division 78 Applying Subdivision when transitional or interim water resource plan ends 79 Regulations Subdivision B—Risks arising from other changes to Basin Plan 80 Simplified outline 81 Basin Plan to specify certain matters if Plan results in change in reliability of water allocations 82 Commonwealth to manage Commonwealth share of change in reliability 83 Payments to water access entitlement holders 84 Applying Subdivision when transitional or interim water resource plan ends 85 Regulations 85A Operation of Subdivision Division 4A—Annual progress reports relating to water recovery targets and to the Snowy Scheme 85AB Secretary to prepare annual reports 85ABA Secretary to prepare annual reports about water releases from the Snowy Scheme Division 4B—Increasing water for environmental use by 450 gigalitres 85AC Minister must increase water for environmental use Division 6—Reports about activities relating to Indigenous people 85E Authority must prepare annual information on consideration of Indigenous matters 85F Secretary to prepare annual reports about activities relating to Indigenous people Part 2AA—Water for the Environment Special Account 86AA Object of this Part 86AB Water for the Environment Special Account 86AC Credits to the Water for the Environment Special Account 86AD Purposes of the Water for the Environment Special Account 86ADB Consideration of social and economic impact of proposed water purchases relating to the 450 gigalitre target 86AE Commonwealth environmental water holdings 86AF Arrangements to make payments 86AG Amounts to be credited to the Water for the Environment Special Account 86AH Managing surplus money in the Water for the Environment Special Account—transfer to general CRF 86AI Annual report 86AJ Reviews of this Part Part 2A—Critical human water needs 86A Critical human water needs to be taken into account in developing Basin Plan 86B Basin Plan to provide for critical human water needs 86C Additional matters relating to monitoring, assessment and risk management 86D Additional matters relating to Tier 2 water sharing arrangements 86E Additional matters relating to Tier 3 water sharing arrangements 86F Emergency responses to the reaching of trigger points 86G Effect of this Part on Authority and other agencies of the Commonwealth 86H Effect of this Part on other agencies and persons 86J Additional powers of the Authority 86K Additional functions of the Inspector‑General 86L Functions and powers of the Inspector‑General Part 3—Productivity Commission inquiries 87 Productivity Commission inquiry—Basin Plan and water resource plans 88 Productivity Commission inquiry—National Water Initiative 89 Stakeholder working group Part 4—Basin water charge and water market rules Division 1—Water charge rules 91 Regulated water charges 92 Water charge rules 93 Process for making water charge rules 94 ACCC to monitor water charges and compliance 95 Minister may formulate model water charge rules 96 Transitional provisions relating to water charge rules Division 2—Water market rules 97 Water market rules 98 Process for making water market rules 99 ACCC to monitor transformation arrangements and compliance 100 Transitional provisions relating to water market rules Division 3—Miscellaneous 100A Functions and powers of the ACCC Part 4A—Extended operation of Basin water charge and water market rules 100B Extended operation of Basin water charge rules 100C Extended operation of Basin water market rules 100D Functions and powers of the ACCC Part 6—Commonwealth Environmental Water Holder Division 1—Establishment and functions 104 Establishment 105 Functions 106 Limitation on disposal of water and Commonwealth environmental water holdings 107 Limitation on directions to Commonwealth Environmental Water Holder 108 Meaning of Commonwealth environmental water holdings 109 Operating rules 110 Application of State laws to the Commonwealth Environmental Water Holder Division 2—Environmental Water Holdings Special Account 111 Establishment of the Environmental Water Holdings Special Account 112 Credits of amounts to the Account 113 Purpose of the Account Division 3—Reporting requirements 114 Annual report Division 4—Appointment, staff and delegation 115 Appointment 116 Staff 117 Delegation Part 7—Water information Division 1—Application of this Part 118 Geographical application of this Part 119 Application of this Part limited to certain legislative powers Division 2—Functions and powers of the Bureau and Director of Meteorology 120 Additional functions of the Bureau 121 Contents of the National Water Account 122 Publishing water accounts 123 Publishing water information Division 3—Water information 124 Object of this Division 125 Meaning of water information etc. 126 Giving of water information to the Bureau 127 Director of Meteorology may require water information 128 Prohibitions on disclosure of information do not apply 129 Ownership etc. of information unaffected by its disclosure Division 4—National Water Information Standards 130 National Water Information Standards 131 Adoption of other standards 132 Consultations in preparing National Water Information Standards 133 Compliance notices Division 5—Miscellaneous 134 Delegation by Director of Meteorology 135 Directions by Minister Part 7A—Water markets information Division 1—Simplified outline of Part 135A Simplified outline Division 2—Application 135B Constitutional operation Division 3—Functions and powers of the Bureau and Director of Meteorology 135C Additional functions of the Bureau 135D Publishing water markets information Division 4—Water markets information 135E Object of this Division 135F Giving of water markets information to the Bureau 135G Director of Meteorology may require water markets information 135H Collecting, generating or recording water markets information Division 5—Water Markets Data Standards 135J Water Markets Data Standards 135K Adoption of other standards 135L Consultations in preparing Water Markets Data Standards Division 6—Information to be made available 135M Information about trades etc. to be reported 135N Records to be kept about information provided Division 7—Miscellaneous 135P Disclosure of information by the Bureau 135Q Compliance notices 135R Audits 135S Delegation by Director of Meteorology 135T Directions by Minister 135U Part does not limit section 239AJ 135V Interaction between Part 7 and 7A 135W Prohibitions on disclosure of information do not apply 135X Ownership etc. of information unaffected by its disclosure Part 8—Enforcement Division 1—Preliminary 136 Contraventions to which this Part applies 137 Appropriate enforcement agency for contraventions to which this Part applies 138 References to Court 139 Jurisdiction of Federal Circuit and Family Court of Australia (Division 2) Division 2—Injunctions 140 Grant of injunctions 141 Discharge or variation of injunctions 142 Certain considerations for granting injunctions not relevant 143 Powers conferred are in addition to other powers of the Court Division 3—Declarations 144 Declarations of contravention 145 Discharge or variation of declarations Division 4—Civil penalties Subdivision A—Civil penalty orders 146 Civil penalty provisions 147 Court may order person to pay pecuniary penalty for contravening civil penalty provision 148 Multiple contraventions 148A Proceedings may be heard together 149 Civil evidence and procedure rules for pecuniary penalty orders 150 Recovery of a pecuniary penalty Subdivision B—Civil penalty proceedings and criminal proceedings 151 Civil proceedings after criminal proceedings 152 Criminal proceedings during civil proceedings 153 Criminal proceedings after civil proceedings 154 Evidence given in proceedings for penalty not admissible in criminal proceedings Subdivision C—Miscellaneous 154A Ancillary contravention of civil penalty provisions 154B Continuing contraventions of civil penalty provisions 154C State of mind 154D Mistake of fact 154E Exceptions etc. to civil penalty provisions—burden of proof Division 5—Infringement notices 155 Object 155A Relevant chief executive 156 When an infringement notice can be given 157 Matters to be included in an infringement notice 158 Extension of time to pay amount 159 Withdrawal of an infringement notice 160 Paying the penalty in accordance with the notice 161 Effect of this Division on civil proceedings 162 Regulations Division 6—Enforceable undertakings 163 Acceptance of undertakings relating to contraventions to which this Part applies 164 Enforcement of undertakings Division 7—Enforcement notices 165 Inspector‑General may issue an enforcement notice 166 Failing to comply with enforcement notice 167 Discharge or variation of enforcement notices Division 7A—Public warning notices 167A Inspector‑General may issue public warning notice Division 8—Liability of executive officers of corporations 168 Civil penalties for executive officers of bodies corporate 169 Did an executive officer take reasonable steps to prevent contravention? Division 9—Conduct of directors, employees and agents 170 Conduct of directors, employees and agents Division 10—General rules about offences and civil penalty provisions 170A Physical elements of offences 170B Contravening an offence provision or a civil penalty provision Part 9—Murray‑Darling Basin Authority (administrative provisions) Division 1—Authority's establishment, functions, powers and liabilities 171 Establishment 172 Authority's functions 173 Authority's powers 174 Amounts payable by the Commonwealth 175 Minister may give directions to Authority Division 2—Authority's constitution and membership Subdivision A—Authority's constitution 176 Authority's constitution Subdivision B—Authority's membership 177 Authority's membership 178 Appointment of Authority members 179 Period of appointment for Authority members 180 Acting Authority members Subdivision C—Terms and conditions for Authority members 181 Remuneration 182 Disclosure of interests 185 Outside employment 186 Member of the governing body of a relevant interest group 187 Leave of absence 188 Resignation 189 Termination of appointment 190 Other terms and conditions Division 3—Decision‑making and delegation by Authority Subdivision A—Meetings 191 Holding of meetings 192 Presiding at meetings 193 Quorum 194 Decisions at meetings etc. 195 Conduct of meetings 196 Minutes Subdivision B—Decisions without meetings 197 Decisions without meetings 198 Record of decisions Subdivision C—Delegation 199 Delegation by Authority 200 Limits on how some functions and powers can be delegated Subdivision D—Basin Officials Committee 201 Basin Officials Committee 201A Appointment of Chair of the Basin Officials Committee 201B Acting Chair of the Basin Officials Committee 201C Period of appointment for Chair of the Basin Officials Committee Subdivision E—Other advisory committees 202 Basin Community Committee 203 Other advisory committees 204 Appointments to advisory committees 205 Procedural matters Division 4—Authority's staff etc. 206 Staff 207 Persons assisting Authority 208 Chief Executive not to be directed about certain matters 208A Chief Executive is accountable authority Division 5—Finance and reporting requirements Subdivision A—Murray‑Darling Basin Special Account 209 Murray‑Darling Basin Special Account 210 Credits to the Account 211 Purposes of the Account 211A Operation of earlier transitional provision Subdivision B—Authority may charge fees 212 Fees Subdivision C—Exemption from taxation and charges etc. 213 Exemption from taxation and charges etc. Subdivision CA—Corporate plan 213A Corporate plan 213B Variation of corporate plan Subdivision D—Reporting requirements 214 Annual report Division 6—Confidentiality 215 Protection of confidential information 215A Disclosure of information to the Minister or the Secretary of the Department Part 9A—Inspector‑General of Water Compliance (administrative provisions) Division 1—Inspector‑General of Water Compliance: establishment and functions 215B Inspector‑General of Water Compliance 215C Functions of the Inspector‑General 215D Minister may give directions to Inspector‑General Division 2—Annual work plans 215E Inspector‑General must prepare annual work plan 215F Review of annual work plan 215G Variation of annual work plan Division 3—Administrative provisions 215J Appointment 215JA Acting appointments 215K Term of office 215KA Application of finance law 215L Remuneration 215LA Leave of absence for Inspector‑General 215M Engaging in other paid work 215N Disclosure of interests 215P Other terms and conditions 215Q Resignation 215R Termination of appointment 215S Staff and persons assisting the Inspector‑General Division 4—Advisory panels 215T Advisory panels 215TA Appointment of advisory panels 215TB Procedural matters Division 5—Confidentiality 215U Protection of confidential information 215UA Disclosure of information to the Authority, the Minister or the Secretary of the Department 215UB Disclosure for purposes of enforcement or administration of Commonwealth or State laws 215UC Commonwealth agency may disclose information to the Inspector‑General 215UD Information disclosed must not identify individual who wishes to remain anonymous Division 6—Guidelines and standards 215V Inspector‑General may issue guidelines 215VA Inspector‑General may issue standards relating to measuring water taken from Basin water resources 215VB Consultation in preparing guidelines or standards Division 7—Miscellaneous 215W Delegation 215X Protection from liability 215Y Annual report 215Z Review of the role of the Inspector‑General Part 10—Murray‑Darling Basin Authority (special powers) Division 2—Entry onto land etc. Subdivision A—Authorised officers 217 Appointment of authorised officers 218 Identity cards Subdivision B—Powers to enter land etc. 219 When authorised officers can enter premises 220 Obligations of authorised officers before entering premises 221 Powers of authorised officers while on premises 222 Duties of authorised officers Subdivision C—Other matters 222A Privilege against self‑incrimination and legal professional privilege not abrogated 222B Occupier entitled to be present during entry 222C Obstructing authorised officers Division 3—Information gathering 222D Power to require information 222E Prohibitions on disclosure of information do not apply Part 10AA—Inspector‑General of Water Compliance (special powers) Division 1—Entry onto land etc. Subdivision A—Authorised compliance officers 222G Appointment of authorised compliance officers 222H Identity cards Subdivision B—Powers to enter land etc. for compliance purposes 223 Entering premises to monitor compliance 223A Securing evidence of a contravention 223B Asking questions and seeking production of documents 224 Entering premises to search for evidential material 224A Asking questions and seeking production of documents 225 Monitoring warrants 226 Investigation warrants 227 Investigation warrants by telephone, telex, fax etc. 227A Persons assisting authorised compliance officers 229 Obligations of authorised compliance officers—entry by consent 230 Obligations of authorised compliance officers—entry by warrant 231 Use of equipment at premises 232 Expert assistance to operate equipment at premises 232A Extension of periods in which things secured 233 Compensation for damage 233A Completing execution of warrant after temporary cessation 233B Completing execution of warrant stopped by court order 233C Responsibility to provide facilities and assistance 233D Copies of seized things to be provided 233E Receipts for seized things 233F Return of seized things 233G Magistrate may permit a thing to be retained 233H Disposal of things 234 Offences relating to warrants Subdivision C—Powers of magistrates 235 Powers of magistrates Subdivision D—Other matters 236 Division not to abrogate privilege against self‑incrimination or legal professional privilege 237 Occupier entitled to be present during entry 237A Obstructing authorised compliance officers Division 3—Information gathering 238 Power to require information 239 Prohibitions on disclosure of information do not apply Part 10AB—Inspector‑General of Water Compliance (inquiry powers) 239AA Inspector‑General may conduct inquiry 239AB Terms of reference for inquiry 239AC Inspector‑General may require person to give information for the purpose of certain inquiries 239AD Inspector‑General may require person to appear to answer questions for the purpose of certain inquiries 239AE Reports by Inspector‑General 239AF Responses to inquiry reports including recommendations that an agency take certain action 239AG Including criticism in reports 239AH Privilege against self‑incrimination and legal professional privilege not abrogated Part 10A—Transitional matters relating to the Murray‑Darling Basin Commission Division 1—Preliminary 239A Definitions 239B Application of this Part Division 2—Assets, liabilities and legal proceedings 239C Vesting of assets of Murray‑Darling Basin Commission 239D River Murray Operations assets unaffected 239E Living Murray Initiative assets unaffected 239F Vesting of liabilities of Murray‑Darling Basin Commission 239G Certificates relating to vesting of land etc. 239H Certificates relating to vesting of assets other than land etc. 239J Substitution of Authority as a party to pending proceedings 239K Rights to sue President or Commissioner become rights to sue Authority 239L President's or Commissioner's rights to sue become rights of Authority 239M Transfer of custody of Murray‑Darling Basin Commission records Division 3—Effect on instruments and things done 239N References in certain instruments to Murray‑Darling Basin Commission etc. 239P Things done by, or in relation to, the Murray‑Darling Basin Commission etc. under Acts and instruments 239Q Things done under the former MDB Agreement 239R Continuation of committees established by Murray‑Darling Basin Commission 239S Continuation of Murray‑Darling Basin Commission's corporate plan Division 4—Financial matters 239T Financial matters Division 5—Miscellaneous 239U Exemption from stamp duty and other State or Territory taxes 239V Certificates taken to be authentic 239W Regulations An Act to make provision for the management of the water resources of the Murray‑Darling Basin, and to make provision for other matters of national interest in relation to water and water information, and for related purposes Part 1—Preliminary 1 Short title This Act may be cited as the Water Act 2007. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 3 September 2007 2. Sections 3 to 256 and Schedules 1 to 4 A day or days to be fixed by Proclamation. 3 March 2008 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act. 3 Objects The objects of this Act are: (a) to enable the Commonwealth, in conjunction with the Basin States, to manage the Basin water resources in the national interest; and (b) to give effect to relevant international agreements (to the extent to which those agreements are relevant to the use and management of the Basin water resources) and, in particular, to provide for special measures, in accordance with those agreements, to address the threats to the Basin water resources; and (c) in giving effect to those agreements, to promote the use and management of the Basin water resources in a way that optimises economic, social and environmental outcomes; and (d) without limiting paragraph (b) or (c): (i) to ensure the return to environmentally sustainable levels of extraction for water resources that are overallocated or overused; and (ii) to protect, restore and provide for the ecological values and ecosystem services of the Murray‑Darling Basin (taking into account, in particular, the impact that the taking of water has on the watercourses, lakes, wetlands, ground water and water‑dependent ecosystems that are part of the Basin water resources and on associated biodiversity); and (iii) subject to subparagraphs (i) and (ii)—to maximise the net economic returns to the Australian community from the use and management of the Basin water resources; and (e) to improve water security for all uses of Basin water resources; and (f) to ensure that the management of the Basin water resources takes into account the broader management of natural resources in the Murray‑Darling Basin; and (fa) to ensure that the use and management of Basin water resources takes into account spiritual, cultural, environmental, social and economic matters relevant to Indigenous people, including in relation to their knowledge, values, uses, traditions and customs; and (g) to achieve efficient and cost effective water management and administrative practices in relation to Basin water resources; and (ga) to ensure that the governance of water markets and trading arrangements relating to Basin water resources is appropriate, and that governance measures promote integrity and transparency in water markets; and (h) to provide for the collection, collation, analysis and dissemination of information about: (i) Australia's water resources; and (ii) the use and management of water in Australia. 4 Definitions (1) In this Act: ACCC means the Australian Competition and Consumer Commission. affects water resource plan accreditations, in relation to an amendment of the Basin Plan, has the meaning given by subsection 48(8). agency of the Commonwealth means: (a) a Minister of the Crown for the Commonwealth; or (b) a Department of State for the Commonwealth; or (c) a body (whether incorporated or not) established or appointed for a public purpose by or under a law of the Commonwealth; or (d) a body established, or appointed, by the Governor‑General; or (e) a person holding or performing the duties of: (i) an office established by or under; or (ii) an appointment made under; a law of the Commonwealth (other than the office of head of a Department of State for the Commonwealth (however described)); or (f) a person holding or performing the duties of an appointment that is made by the Governor‑General (otherwise than under a law of the Commonwealth); or (g) a company in which the Commonwealth, or a body corporate referred to in paragraph (c) or (d), has a controlling interest. agency of a State means: (a) a Minister of the Crown for the State; or (b) a Department of State for the State; or (c) a body (whether incorporated or not) established or appointed for a public purpose by or under a law of the State (including a local government body); or (d) a body established or appointed by: (i) a Governor of the State; or (ii) a Minister of the Crown for the State; or (iii) if the State is the Australian Capital Territory—the Australian Capital Territory Executive; or (e) a person holding or performing the duties of: (i) an office established by or under; or (ii) an appointment made under; a law of the State (other than the office of head of a Department of State for the State (however described)); or (f) a person holding or performing the duties of an appointment that is made by: (i) a Governor of the State; or (ii) a Minister of the Crown for the State; or (iii) if the State is the Australian Capital Territory—the Australian Capital Territory Executive; (otherwise than under a law of the State); or (g) a company in which the State, or a body corporate referred to in paragraph (c) or (d), has a controlling interest. Agreement has the meaning given by section 18A. appropriate enforcement agency has the meaning given by section 137. assist, in relation to an Authority delegate, means: (a) to perform functions in connection with the Authority delegate's performance or exercise of a function or power delegated under section 199; or (b) to perform services for the Authority delegate in connection with the Authority delegate's performance or exercise of a function or power delegated under section 199. Australia, when used in a geographical sense, includes the external Territories. authorised compliance officer means an individual whose appointment by the Inspector‑General under section 222G is in force. authorised officer means an individual whose appointment by the Authority under section 217 is in force. Authority has the meaning given by section 18A. Authority Chair means the Chair of the Authority. Authority delegate means a person to whom a function or power is delegated under section 199. Authority member means a member of the Authority, and includes the Chief Executive and the Authority Chair. Authority staff means the staff described in section 206. Basin Community Committee means the committee established under section 202. Basin Officials Committee has the meaning given by section 18A. Basin Plan means the Basin Plan adopted by the Minister under section 44 (as amended from time to time). Basin reference limit has the meaning given by subsection 23A(5). Basin State means the following: (a) New South Wales; (b) Victoria; (c) Queensland; (d) South Australia; (e) the Australian Capital Territory. Basin water market trading objectives and principles means the objectives and principles that are set out in Schedule 3. Basin water resources means all water resources within, or beneath, the Murray‑Darling Basin, but does not include: (a) water resources within, or beneath, the Murray‑Darling Basin that are prescribed by the regulations for the purposes of this paragraph; or (b) ground water that forms part of the Great Artesian Basin. biodiversity means the variability among living organisms from all sources (including terrestrial, marine and aquatic ecosystems and the ecological complexes of which they are a part) and includes: (a) diversity within species and between species; and (b) diversity of ecosystems. Biodiversity Convention means the Convention on Biological Diversity done at Rio de Janeiro on 5 June 1992. Note: The text of the Convention is set out in Australian Treaty Series 1993 No. 32. In 2007, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). Bonn Convention means the Convention on the Conservation of Migratory Species of Wild Animals done at Bonn on 23 June 1979. Note: The text of the Convention is set out in Australian Treaty Series 1991 No. 32. In 2007, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). Border Rivers water sharing arrangements has the meaning given by subsection 86F(3). bulk water charge means a charge payable for either or both the storage of water for, or the delivery of water to, any of the following: (a) infrastructure operators; (b) other operators of reticulated water systems; (c) other persons prescribed by the regulations for the purposes of this paragraph. Bureau means the Commonwealth Bureau of Meteorology established under section 5 of the Meteorology Act 1955. CAMBA means the Agreement between the Government of Australia and the Government of the People's Republic of China for the Protection of Migratory Birds and their Environment done at Canberra on 20 October 1986. Note: The text of the Agreement is set out in Australian Treaty Series 1988 No. 22. In 2007, the text of an Agreement in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). Chief Executive means the Chief Executive of the Authority. civil penalty provision has the meaning given by section 146. Climate Change Convention means the United Nations Framework Convention on Climate Change done at New York on 9 May 1992. Note: The text of the Convention is set out in Australian Treaty Series 1994 No. 2. In 2007, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). Commissioner has the meaning given by subsection 239J(3). Commonwealth Environmental Water Holder means the Commonwealth Environmental Water Holder established under section 104. Commonwealth environmental water holdings has the meaning given by section 108. Commonwealth water legislation has the meaning given by section 250A. constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. consumptive use means the use of water for private benefit consumptive purposes including irrigation, industry, urban and stock and domestic use. contract includes a deed. conveyance water has the meaning given by subsection 86A(4). critical human water needs has the meaning given by subsection 86A(2). declared Ramsar wetlands has the meaning given by section 17 of the Environment Protection and Biodiversity Conservation Act 1999. Desertification Convention means the United Nations Convention to Combat Desertification in those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa done at Paris on 17 June 1994. Note: The text of the Convention is set out in Australian Treaty Series 2000 No. 18. In 2007, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). designated compliance provision means any of the following provisions: (a) a provision of Part 2 or regulations made for the purposes of that Part; (ba) a provision of Part 7A or regulations made for the purposes of that Part; or (b) section 166; (c) section 222C; (d) section 222D; (e) section 237A; (f) section 238. eligible tradeable water right has the meaning given by section 6A. eligible water markets intermediary means a person who provides any of the following services: (a) trading of eligible tradeable water rights on behalf of another person in exchange for a commission or fee; (b) investigating eligible tradeable water rights trading possibilities on behalf of a water market participant or a potential water market participant in exchange for a commission or fee; (c) preparing documents that are necessary for the trade or transfer of eligible tradeable water rights on behalf of a water market participant or a potential water market participant in exchange for a commission or fee; (d) providing a trading platform or water exchange for eligible tradeable water rights; (e) giving advice (whether or not for payment of any kind) in the course of providing services of a kind mentioned in paragraph (a), (b), (c) or (d) to a water market participant or a potential water market participant about trading in eligible tradeable water rights, other than advice that is of a general nature and not provided to address the specific circumstances of a water market participant or a potential water market participant; (f) making a representation that an eligible tradeable water right is available for sale or purchase, if the person will facilitate the trade or transfer of the eligible tradeable water right in exchange for a commission or fee. enforcement body has the meaning given by the Privacy Act 1988. enforcement related activity has the meaning given by the Privacy Act 1988. environmental assets includes: (a) water‑dependent ecosystems; and (b) ecosystem services; and (c) sites with ecological significance. environmentally sustainable level of take for a water resource means the level at which water can be taken from that water resource which, if exceeded, would compromise: (a) key environmental assets of the water resource; or (b) key ecosystem functions of the water resource; or (c) the productive base of the water resource; or (d) key environmental outcomes for the water resource. environmental outcomes includes: (a) ecosystem function; and (b) biodiversity; and (c) water quality; and (d) water resource health. Note 1: Paragraph (a) would cover, for example, maintaining ecosystem function by the periodic flooding of floodplain wetlands. Note 2: Paragraph (d) would cover, for example, mitigating pollution and limiting noxious algal blooms. environmental water means: (a) held environmental water; or (b) planned environmental water. Environmental Water Holdings Special Account means the account established by section 111. environmental watering means the delivery or use of environmental water to achieve environmental outcomes. environmental watering schedule means an agreement: (a) that is an agreement to coordinate the use of environmental water to maximise the benefits of environmental watering across the Murray‑Darling Basin, a specified part of the Murray‑Darling Basin or a specified area outside the Murray‑Darling Basin; and (b) to which some or all of the following are parties: (i) holders of held environmental water (including the Commonwealth); (ii) owners of environmental assets; (iii) managers of planned environmental water; and (c) if the agreement relates to held environmental water in the Murray‑Darling Basin—to which the Authority is a party. evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist. evidential material means any of the following: (a) a thing with respect to which a designated compliance provision has been contravened or is suspected, on reasonable grounds, to have been contravened; (b) a thing that there are reasonable grounds for suspecting will afford evidence as to the contravention of a designated compliance provision; (c) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of contravening a designated compliance provision. executive officer of a body corporate means a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body. field relevant to the Authority's functions has a meaning affected by subsection 178(3). First Ministers' Council means a body (however described) that consists only of, or that includes, the following: (a) the Prime Minister; (b) the Premiers of each State; (c) the Chief Ministers of the Australian Capital Territory and Northern Territory. former MDB Agreement has the meaning given by section 239A. former Murray‑Darling Basin Ministerial Council has the meaning given by section 239A. ground water 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. held environmental water means water available under: (a) a water access right; or (b) a water delivery right; or (c) an irrigation right; for the purposes of achieving environmental outcomes (including water that is specified in a water access right to be for environmental use). Indigenous person means a person who is: (a) a member of the Aboriginal race of Australia; or (b) a descendant of an Indigenous inhabitant of the Torres Strait Islands. infrastructure operator has the meaning given by subsection 7(2). infringement notice means an infringement notice given under section 156. Inspector‑General means the Inspector‑General of Water Compliance referred to in section 215B. interception activity means the interception of surface water or ground water that would otherwise flow, directly or indirectly, into a watercourse, lake, wetland, aquifer, dam or reservoir that is a Basin water resource. interest, in relation to land, means: (a) any legal or equitable estate or interest in the land; or (b) a restriction on the use of the land, whether or not annexed to other land; or (c) any other right (including a right under an option and a right of redemption), charge, power or privilege over, or in connection with, the land or an interest in the land. interim water resource plan has the meaning given by section 242. international agreement means an agreement whose parties are: (a) Australia and a foreign country; or (b) Australia and 2 or more foreign countries. investigation warrant means: (a) a warrant issued by a magistrate under section 226; or (b) a warrant signed by a magistrate under section 227. irrigation infrastructure operator has the meaning given by subsection 7(4). irrigation network of an irrigation infrastructure operator has the meaning given by subsection 7(4). irrigation right means a right that: (a) a person has against an irrigation infrastructure operator to receive water; and (b) is not a water access right or a water delivery right. JAMBA means the Agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment done at Tokyo on 6 February 1981. Note: The text of the Agreement is set out in Australian Treaty Series 1981 No. 6. In 2007, the text of an Agreement in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). lake: (a) means a natural lake, pond or lagoon (whether modified or not); and (b) includes a part of such a lake, pond or lagoon. law of a referring State means a law of, or in force in, a referring State but does not include a law of the Commonwealth in force in the referring State. law of a State means a law of, or in force in, a State but does not include a law of the Commonwealth in force in the State. Living Murray Initiative has the meaning given by subsection 18H(2). Living Murray Initiative assets has the meaning given by subsection 239E(2). Lock 1 means Weir and Lock No 1 Blanchetown referred to in Schedule A to the Agreement. long‑term annual diversion limit has the meaning given by item 7 of the table in subsection 22(1). long‑term average sustainable diversion limit has the meaning given by item 6 of the table in subsection 22(1). Lower Lakes means Lake Albert and Lake Alexandrina in South Australia. maintenance includes the execution of all work of any description which is necessary to keep an existing work in the state of utility in which it was upon its original completion or upon the completion of any improvement or replacement of the work. However, it does not include: (a) the execution of any improvement to the design or function of that work; or (b) the replacement of the whole of that work; or (c) work to remedy the extraordinary failure of all or part of that work. measures includes strategies, plans and programs. member of the governing body of a relevant interest group has the meaning given by subsection 178(4). modifications includes additions, omissions and substitutions. monitoring warrant means a warrant issued by a magistrate under section 225. Murray‑Darling Basin has the meaning given by section 18A. Murray‑Darling Basin Commission has the meaning given by section 239A. Murray‑Darling Basin Ministerial Council has the meaning given by section 18A. Murray‑Darling Basin Special Account means the fund mentioned in section 209. Murray Mouth Barrages means the Murray Mouth Barrages referred to in Schedule A to the Agreement. National Water Commission means the National Water Commission that was established by section 6 of the National Water Commission Act 2004. Note: The National Water Commission was abolished by the National Water Commission (Abolition) Act 2015. National Water Information Standards means the standards issued under section 130. National Water Initiative means the Intergovernmental Agreement on a National Water Initiative between the Commonwealth of Australia and the Governments of New South Wales, Victoria, Queensland, South Australia, Western Australia, Tasmania, the Australian Capital Territory and the Northern Territory (as amended from time to time). Natural Resource Management Ministerial Council means the Natural Resource Management Ministerial Council that was established by Council of Australian Governments in June 2001. non‑Basin water access entitlement has the meaning given by subsection 100C(5). notifiable instrument has the same meaning as in the Legislation Act 2003. operating authority means: (a) an agency of a Basin State that has the function of managing a river flow control work or a salinity work (whether or not the function is carried out by another person under a licence, contract or other arrangement with the agency); or (b) a person who has the function of managing a river flow control work or a salinity work (whether or not the function is carried out by another person under a licence, contract or other arrangement with the person). overallocation: there is an overallocation for a water resource plan area if, with full development of water access rights in relation to the water resources of the area, the total volume of water able to be extracted by the holders of water access rights at a given time exceeds the environmentally sustainable level of take for those water resources. overuse: there is an overuse for a water resource plan area if the total volume of water actually taken for consumptive use from the water resources of the area at a given time exceeds the environmentally sustainable level of take for those water resources. Note: An overuse may arise for a water resource plan area if the area is overallocated, or if the planned allocation for the area is exceeded due to inadequate monitoring or accounting. paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise). penalty unit has the meaning given by section 4AA of the Crimes Act 1914. planned environmental water has the meaning given by section 6. premises includes the following: (a) a building; (b) a place (including an area of land); (c) a vehicle; (d) a vessel; (e) an aircraft; (f) a water resource; (g) any part of premises (including premises referred to in paragraphs (a) to (f)). President has the meaning given by subsection 239J(2). pre‑trade, in relation to the trade or transfer, or proposed trade or transfer, of any type of eligible tradeable water right includes, but is not limited to, offers to buy or sell occurring before an agreement or contract for the trade or transfer is entered into. principles of ecologically sustainable development has the meaning given by subsection (2). Productivity Minister means the Minister administering the Productivity Commission Act 1998. proposed Basin limit has the meaning given by subsection 23A(5). proposed plan area limit has the meaning given by subsection 23A(5). Ramsar Convention means the Convention on Wetlands of International Importance especially as Waterfowl Habitat done at Ramsar, Iran, on 2 February 1971. Note: The text of the Convention is set out in Australian Treaty Series 1975 No. 48. In 2007, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). reference time has the meaning given by subsection 23A(5). referring State has the meaning given by section 18B. regulated water charges has the meaning given by section 91. relevant chief executive, in Division 5 of Part 8, has the meaning given by section 155A. relevant international agreement means the following: (a) the Ramsar Convention; (b) the Biodiversity Convention; (c) the Desertification Convention; (d) the Bonn Convention; (e) CAMBA; (f) JAMBA; (g) ROKAMBA; (h) the Climate Change Convention; (i) any other international convention to which Australia is a party and that is: (i) relevant to the use and management of the Basin water resources; and (ii) prescribed by the regulations for the purposes of this paragraph. relevant State Minister, for a Basin State, means: (a) the Minister of the Crown for the State who is responsible for the administration of the State's water management law; or (b) if there is more than one such Minister—the Minister of the Crown for the State that the Premier of the State advises the Authority, in writing, is the relevant State Minister for the State. river flow control work has the meaning given by section 8. River Murray Operations assets has the meaning given by subsection 239D(2). River Murray System has the meaning given by subsection 86A(3). ROKAMBA means the Agreement with the Government of the Republic of Korea on the Protection of Migratory Birds done at Canberra on 6 December 2006. Note: The text of the Agreement is set out in Australian Treaty Series 2007 No. 24. In 2007, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). salinity work means a work to reduce, or maintain, salinity levels in the Murray‑Darling Basin. State (except in section 18B) includes the Australian Capital Territory and the Northern Territory. State water management law means: (a) the Water Management Act 2000, the Water Act 1912 and the Rivers and Foreshores Improvement Act 1948 of New South Wales; or (b) the Water Act 1989 and Parts 4 and 5 of the Catchment and Land Protection Act 1994 of Victoria; or (c) the Water Act 2000 of Queensland; or (d) the Natural Resources Management Act 2004 of South Australia; or (e) the Water Resources Act 2007 of the Australian Capital Territory; or (f) a law of a Basin State, or a part of such a law, that: (i) is relevant to the management of Basin water resources; and (ii) is prescribed by the regulations for the purposes of this definition; and includes regulations, and other instruments, made under those laws. State water sharing arrangement has the meaning given by subsection 86D(4). surface water includes: (a) water in a watercourse, lake or wetland; and (b) any water flowing over or lying on land: (i) after having precipitated naturally; or (ii) after having risen to the surface naturally from underground. take water from a water resource means to remove water from, or to reduce the flow of water in or into, the water resource including by any of the following means: (a) pumping or siphoning water from the water resource; (b) stopping, impeding or diverting the flow of water in or into the water resource; (c) releasing water from the water resource if the water resource is a wetland or lake; (d) permitting water to flow from the water resource if the water resource is a well or watercourse; and includes storing water as part of, or in a way that is ancillary to, any of the processes or activities referred to in paragraphs (a) to (d). temporary diversion provision has the meaning given by item 7 of the table in subsection 22(1). thing includes a substance, and a thing in electronic or magnetic form. total Basin adjustment percentage has the meaning given by subsections 23A(5) and (6). tradeable water rights means: (a) water access rights; or (b) water delivery rights; or (c) irrigation rights. transitional asset has the meaning given by subsection 239C(3). transitional instrument has the meaning given by subsection 239N(4). transitional liability has the meaning given by subsection 239F(3). transitional water resource plan has the meaning given by section 241. Upper Murrumbidgee River means the waters of the Murrumbidgee River upstream of the Burrinjuck Dam. water access entitlement means a perpetual or ongoing entitlement, by or under a law of a State, to exclusive access to a share of the water resources of a water resource plan area. water access right: (a) means any right conferred by or under a law of a State to do either or both of the following: (i) to hold water from a water resource; (ii) to take water from a water resource; and (b) without limiting paragraph (a), includes the following rights of the kind referred to in that paragraph: (i) stock and domestic rights; (ii) riparian rights; (iii) a water access entitlement; (iv) a water allocation; and (c) includes any other right in relation to the taking or use of water that is prescribed by the regulations for the purposes of this paragraph. water accounting period for a water resource plan area has the meaning given by item 2 of the table in subsection 22(1). water allocation means the specific volume of water allocated to water access entitlements in a given water accounting period. water charge rules has the meaning given by section 92. water charging objectives and principles means the objectives set out in Schedule 2. watercourse: (a) means a river, creek or other natural watercourse (whether modified or not) in which water is contained or flows (whether permanently or from time to time); and (b) includes: (i) a dam or reservoir that collects water flowing in a watercourse; and (ii) a lake or wetland through which water flows; and (iii) a channel into which the water of a watercourse has been diverted; and (iv) part of a watercourse; and (v) an estuary through which water flows. water delivery right means a right to have water delivered by an infrastructure operator. water‑dependent ecosystem means a surface water ecosystem or a ground water ecosystem, and its natural components and processes, that depends on periodic or sustained inundation, waterlogging or significant inputs of water for its ecological integrity and includes an ecosystem associated with: (a) a wetland; or (b) a stream and its floodplain; or (c) a lake or a body of water (whether fresh or saline); or (d) a salt marsh; or (e) an estuary; or (f) a karst system; or (g) a ground water system; and a reference to a water‑dependent ecosystem includes a reference to the biodiversity of the ecosystem. Water for the Environment Special Account means the special account established by section 86AB. water information has the meaning given by section 125. water market authority, in relation to the proposed trade or transfer of an eligible tradeable water right, means: (a) a person authorised or required under a law of a State to approve, allow or register the trade or transfer; or (b) an irrigation infrastructure operator that approves, allows or registers the trade or transfer. water market rules has the meaning given by section 97. water markets information means the following information: (a) any raw data, or any value added information product (including information that is generated), that relates to: (i) the pre‑trade, trade or transfer of any type of eligible tradeable water right; or (ii) the allowance, approval or registration of a trade or transfer of any type of eligible tradeable water right; or (iii) accounts relating to eligible tradeable water rights; or (iv) the ownership of eligible tradeable water rights and other entitlements on issue relating to Basin water resources; (b) any metadata or contextual information relating to information of a kind referred to in paragraph (a); (c) such other information (if any) as is prescribed by the regulations. water resource means: (a) surface water or ground water; or (b) a watercourse, lake, wetland or aquifer (whether or not it currently has water in it); and includes all aspects of the water resource (including water, organisms and other components and ecosystems that contribute to the physical state and environmental value of the water resource). water resource plan for a water resource plan area means a plan that: (a) provides for the management of the water resource plan area; and (b) is either: (i) accredited under section 63; or (ii) adopted under section 69; but only to the extent to which the water resource plan: (c) relates to Basin water resources; and (d) makes provision in relation to the matters that the Basin Plan requires a water resource plan to include. water resource plan area means an area that: (a) contains part of the Basin water resources; and (b) is specified in the Basin Plan as an area that is a water resource plan area for the purposes of this Act. Note: See item 2 of the table in subsection 22(1). water resources of a water resource plan area has the meaning given by item 2 of the table in subsection 22(1). water service infrastructure has the meaning given by subsection 7(3). water trading rules means the rules included in the Basin Plan under item 12 of the table in subsection 22(1). wetland has the same meaning as in the Ramsar Convention. (2) The following principles are principles of ecologically sustainable development: (a) decision‑making processes should effectively integrate both long‑term and short‑term economic, environmental, social and equitable considerations; (b) if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation; (c) the principle of inter‑generational equity—that the present generation should ensure that the health, biodiversity and productivity of the environment is maintained or enhanced for the benefit of future generations; (d) the conservation of biodiversity and ecological integrity should be a fundamental consideration in decision‑making; (e) improved valuation, pricing and incentive mechanisms should be promoted. 5 Application of the Acts Interpretation Act 1901 to Parts 1A, 2A, 4, 4A, 10A and 11A (1) The Acts Interpretation Act 1901, as in force on the day on which Schedule 1 to the Water Amendment Act 2008 commences, applies to Parts 1A, 2A, 4, 4A, 10A and 11A. (2) Amendments of the Acts Interpretation Act 1901 made after that day do not apply to those Parts. 6 Planned environmental water (1) For the purposes of this Act, planned environmental water is water that: (a) is committed by: (i) the Basin Plan or a water resource plan for a water resource plan area; or (ii) a plan made under a State water management law; or (iii) any other instrument made under a law of a State;