Comply with Water Act 2007 (Cwlth) + state water entitlements
Federal Water Act + state water Acts govern water entitlement + use.
Who must comply
Irrigators, farms, mining operations and other businesses in the Murray–Darling Basin that hold water access entitlements or licences, take surface water or groundwater, or trade water rights; businesses that levy water charges covered by the water charge rules; and Basin state governments, which are responsible for complying with water resource plans.
What triggers it
Taking or using water from a Basin water resource, holding or trading a water access right in the Basin, or charging for water services covered by the Water Act's water charge and market rules.
When due
Continuous: water may be taken only within the entitlement, licence conditions and water resource plan rules in force for the catchment; trades follow the Basin Plan trading rules at the time of the trade; metering and take reporting follow the relevant state's requirements.
Evidence required
Water access entitlements, licences and allocation statements; meter readings and records of water taken; trade and transfer records; evidence that take stayed within licence conditions and the water resource plan rules.
Max penalty
Unauthorised take or breach of licence conditions is enforced under state water law, and the Inspector-General of Water Compliance oversees and can inquire into compliance with the Water Act, the Basin Plan and the Murray–Darling Basin Agreement; breaches of water market and water charge rules are enforced by the ACCC
Summary
The Water Act 2007 (Cth) is the framework for managing the Murray–Darling Basin, Australia's largest water resource, in the national interest. It required the Murray–Darling Basin Authority (MDBA) to prepare the Basin Plan 2012, which sets sustainable diversion limits on how much surface water and groundwater can be taken, requirements for state water resource plans, an environmental watering plan, a water quality and salinity management plan, and rules on trading water rights. Basin state governments write water resource plans that set local rules on how much water can be taken, and the entitlements, licences, metering and take that bind individual users are administered under state water law. Since 5 August 2021 the Inspector-General of Water Compliance has held the Commonwealth's Basin compliance and enforcement functions, and the ACCC develops and enforces water charge and water market rules.
Industries
Topics
Related
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Frequently asked questions
- Who must comply with Water Act 2007 (Cwlth) + state water entitlements?
- Irrigators, farms, mining operations and other businesses in the Murray–Darling Basin that hold water access entitlements or licences, take surface water or groundwater, or trade water rights; businesses that levy water charges covered by the water charge rules; and Basin state governments, which are responsible for complying with water resource plans.
- What triggers Water Act 2007 (Cwlth) + state water entitlements?
- Taking or using water from a Basin water resource, holding or trading a water access right in the Basin, or charging for water services covered by the Water Act's water charge and market rules.
- When is Water Act 2007 (Cwlth) + state water entitlements due?
- Continuous: water may be taken only within the entitlement, licence conditions and water resource plan rules in force for the catchment; trades follow the Basin Plan trading rules at the time of the trade; metering and take reporting follow the relevant state's requirements.
- What is the maximum penalty for Water Act 2007 (Cwlth) + state water entitlements?
- Unauthorised take or breach of licence conditions is enforced under state water law, and the Inspector-General of Water Compliance oversees and can inquire into compliance with the Water Act, the Basin Plan and the Murray–Darling Basin Agreement; breaches of water market and water charge rules are enforced by the ACCC
- What evidence is required for Water Act 2007 (Cwlth) + state water entitlements?
- Water access entitlements, licences and allocation statements; meter readings and records of water taken; trade and transfer records; evidence that take stayed within licence conditions and the water resource plan rules.
Source: https://www.mdba.gov.au/about-us/what-we-do/water-act. Rules Mate is not a law firm. Always verify against the live regulator source before acting.