Commonwealth Consolidated Acts

WATER ACT 2007 - SECT 172

Authority's functions

  (1)   The Authority has the following functions:

  (a)   such functions as are conferred on the Authority by:

  (i)   Part   2 (Management of Basin water resources); and

  (iii)   Part   10 (Murray - Darling Basin Authority (special powers));

  (b)   to measure, monitor and record the quality and quantity of the Basin water resources, including measuring, monitoring and recording:

  (i)   flows of surface water forming part of the Basin water resources; and

  (ii)   levels and pressures of ground water forming part of the Basin water resources; and

  (iii)   inflows to river flow control works; and

  (iv)   volumes held within river flow control works; and

  (v)   the taking of water from the Basin water resources; and

  (vi)   interception activity;

Note:   The Authority may adopt Basin State records, and request the Basin States to take these measurements etc. (see subsection   (2)).

  (c)   to measure, monitor and record the condition of water - dependent ecosystems associated with the Basin water resources;

Note:   The Authority may adopt Basin State records, and request the Basin States to take these measurements etc. (see subsection   (2)).

  (d)   to support, encourage and conduct research and investigations about the Basin water resources, including research and investigations about:

  (i)   using the Basin water resources in an equitable, efficient and sustainable manner; and

  (ii)   conserving inflows to, and other sources of, the Basin water resources; and

  (iii)   improving the quality of the Basin water resources; and

  (iv)   improving the condition of water - dependent ecosystems connected with the Basin water resources; and

  (v)   the desirability and practicality of measures that could help achieve any of the objectives set out in the above subparagraphs;

  (e)   to develop, or assist the development of, measures for the equitable, efficient and sustainable use of the Basin water resources (including measures for the delivery of environmental water);

  (ea)   to develop, in consultation with the Basin States, an integrated water model for the Murray - Darling Basin;

  (f)   to implement, or coordinate the implementation of, measures developed in accordance with paragraph   (e);

  (g)   to make recommendations to:

  (i)   the Commonwealth; or

  (ii)   a Basin State; or

  (iii)   an agency of the Commonwealth or a Basin State;

    about any matter (including the carrying out of any works or other measures by the Commonwealth, State or agency) that the Authority considers could in any way affect the quality or quantity of the Basin water resources;

  (h)   to collect, analyse and interpret information about the Basin water resources and water - dependent ecosystems;

  (i)   to disseminate information about the Basin water resources, and water - dependent ecosystems, to the extent that the Authority considers it desirable to do so;

  (ia)   to engage the Indigenous community on the use and management of Basin water resources;

  (j)   to engage and educate the Australian community about the Basin water resources;

  (k)   such other functions as are conferred on the Authority by this Act, the regulations or by or under any other law of the Commonwealth;

  (l)   if the Minister consents--such other functions as are conferred on the Authority by or under any law of a State;

  (m)   if the Minister requests advice about a matter relating to any of the above functions--to give the advice;

  (n)   to do anything incidental or conducive to the performance of any of the above functions.

Note:   The Authority also has the functions conferred on it by Part   1A (The Murray - Darling Basin Agreement) and Part   2A (Critical human water needs).

Authority may adopt Basin State measurements and request Basin States to take measurements etc.

  (2)   Without limiting paragraph   (1)(b) or (c), in performing its functions the Authority may:

  (a)   adopt measurements, records and conclusions made by a Basin State or an agency of a Basin State; or

  (c)   request a Basin State to carry out any measuring, monitoring or recording within the State's geographical limits that the Authority considers necessary.

Informing others of paragraph   (1)(g) recommendations

  (3)   The Authority must, as soon as practicable, inform the Minister and the other members of the Murray - Darling Basin Ministerial Council, and inform the Basin Officials Committee, of any recommendation made under paragraph   (1)(g).

Varying and revoking consents and requests

  (4)   The Minister may vary or revoke the following:

  (a)   a consent given under paragraph   (1)(l);

  (b)   a request made under paragraph   (1)(m).

Consents and requests not legislative instruments

  (5)   Neither of the following is a legislative instrument:

  (a)   a consent given under paragraph   (1)(l);

  (b)   a request made under paragraph   (1)(m).