Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Inspector - General has the following functions:
(a) to monitor and provide independent oversight of the performance of functions and exercise of powers by agencies of the Commonwealth under the following:
(i) this Act (other than Parts 1A, 2A, 4, 4A, 10A and 11A);
(ii) regulations and other legislative instruments made under this Act (other than regulations or other legislative instruments made for the purposes of Part 1A, 2A, 4, 4A, 10A or 11A);
(iii) the Basin Plan;
(iv) water resource plans;
(b) to monitor and provide independent oversight of the performance by agencies of the Basin States of their obligations in relation to the management of Basin water resources under the following:
(i) this Act (other than Parts 1A, 2A, 4, 4A, 10A and 11A);
(ii) regulations and other legislative instruments made under this Act (other than regulations or other legislative instruments made for the purposes of Part 1A, 2A, 4, 4A, 10A or 11A);
(iii) the Basin Plan;
(iv) water resource plans;
(c) to monitor and provide independent oversight of the implementation by agencies of the Commonwealth and agencies of the Basin States of the commitments in the agreements referred to in subsection (3);
(d) to engage with the Australian community in relation to the management of Basin water resources;
(e) functions conferred on the Inspector - General by:
(i) Part 8 (enforcement); and
(ii) Part 10AA (special powers); and
(iii) Part 10AB (inquiry powers);
(f) any other functions conferred on the Inspector - General by this Act, the Basin Plan or any other legislative instrument made under this Act;
(g) to do anything incidental to, or conducive to, the performance of the above functions.
(2) The Inspector - General's functions under subsection (1) do not include monitoring and providing independent oversight of the performance of functions or exercise of powers:
(a) by the ACCC in giving advice:
(i) for the purposes of subsection 42(2) or 46(2) (relating to the water trading rules); or
(ii) under subsection 212(2) (relating to fees the Authority may charge for its services); or
(b) by the Productivity Commission in conducting an inquiry into a matter referred to the Productivity Commission under section 87 or 88.
Basin agreements
(3) For the purposes of paragraph (1)(c), the agreements are the following agreements (including any amendments of those agreements):
(a) the Murray - Darling Basin Compliance Compact entered into in June 2018;
(b) the Intergovernmental Agreement on Implementing Water Reform in the Murray - Darling Basin entered into in June 2013;
(c) the National Partnership Agreement on Implementing Water Reform in the Murray - Darling Basin entered into in February 2014;
(d) the Project Agreement for Murray - Darling Basin Water Infrastructure, New South Wales - Led Efficiency Projects entered into in August 2019;
(e) the Project Agreement for Murray - Darling Basin Water Infrastructure, South Australia - Led Efficiency Projects entered into in March 2019;
(f) the Project Agreement for Murray - Darling Basin Water Infrastructure, Australian Capital Territory - Led Efficiency Projects entered into in May 2019;
(g) the Murray - Darling Basin Plan 2012 Implementation Agreement entered into in August 2013;
(h) the Intergovernmental Agreement on Federal Financial Relations entered into in July 2011, to the extent that it relates to:
(i) the National Partnership Agreement on Implementing Water Reform in the Murray - Darling Basin entered into in February 2014; and
(ii) project agreements relating to Basin water resources;
(i) the Intergovernmental Agreement on a National Water Initiative entered into in June 2004, to the extent that it relates to Basin water resources;
(j) any other agreement that:
(i) is entered into by the Authority, or the Commonwealth Environmental Water Holder, and one or more Basin States; and
(ii) is prescribed by the regulations for the purposes of this paragraph;
(k) any other agreement that:
(i) is entered into by the Commonwealth and one or more Basin States; and
(ii) is prescribed by the regulations for the purposes of this paragraph.
Note 1: The Compact referred to in paragraph (3)(a) and the Agreement referred to in paragraph (3)(g) could in 2021 be viewed on the Authority's website (http://www.mdba.gov.au).
Note 2: The Agreements referred to in paragraphs (3)(b) to (f) and (i) could in 2021 be viewed on the Productivity Commission's website (http://www.pc.gov.au).
Note 3: The Agreement referred to in paragraph (3)(h) could in 2021 be viewed on the Federal Financial Relations website (http://www.federalfinancialrelations.gov.au).