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WATER ACT 2007 - SECT 43A

Authority to seek comments from Murray - Darling Basin Ministerial Council on proposed Basin Plan

  (1)   This section applies once the Authority has complied with section   43 in relation to a proposed Basin Plan.

  (2)   Without limiting subsection   42(1), the Authority must give each member of the Murray - Darling Basin Ministerial Council a copy of the proposed Basin Plan (incorporating any alterations it has made under paragraph   43(10)(b)).

  (3)   The copy must be given together with the Authority's advice to the Murray - Darling Basin Ministerial Council on the likely socio - economic implications of any reductions in the long - term average sustainable diversion limits proposed in the proposed Basin Plan.

  (4)   The Murray - Darling Basin Ministerial Council must, within 6 weeks after the Authority complied with subsection   (2), give the Authority a written notice:

  (a)   stating that neither the Murray - Darling Basin Ministerial Council nor any of its members have any comments on the proposed Basin Plan; or

  (b)   stating that the Murray - Darling Basin Ministerial Council, or one or more of its members, disagrees with one or both of the following:

  (i)   the long - term average sustainable diversion limits proposed in the proposed Basin Plan;

  (ii)   any other aspect of the proposed Basin Plan in relation to which the Minister may give a direction under subparagraph   44(3)(b)(ii);

    and specifying the nature of the disagreement.

Note:   Subsection   44(5) specifies matters in relation to which the Minister must not give a direction.

  (5)   If the Murray - Darling Basin Ministerial Council does not give the Authority such a notice within that period of 6 weeks, the Murray - Darling Basin Ministerial Council and its members are taken not to have any comments on the proposed Basin Plan.

  (6)   If the Murray - Darling Basin Ministerial Council gives the Authority a notice that states under paragraph   (4)(b) matters with which the Murray - Darling Basin Ministerial Council, or one or more of its members, disagrees, the Authority must:

  (a)   consider the matters; and

  (b)   undertake such consultations in relation to the matters as the Authority considers necessary or appropriate; and

  (c)   either:

  (i)   confirm the proposed Basin Plan, and give each member of the Murray - Darling Basin Ministerial Council a copy of the unaltered proposed Basin Plan, together with the Authority's views on the matters; or

  (ii)   alter the proposed Basin Plan, and give each member of the Murray - Darling Basin Ministerial Council a copy of the altered proposed Basin Plan, together with the Authority's views on the matters; and

  (d)   prepare a document that summarises:

  (i)   any submissions it received in response to the consultations referred to in paragraph   (b); and

  (ii)   how it addressed those submissions; and

  (iii)   the extent (if any) to which its consideration of those submissions has affected the version of the Plan, or the views, given to the members of the Murray - Darling Basin Ministerial Council under paragraph   (c); and

  (e)   publish on its website a copy of the document prepared under paragraph   (d).

  (7)   The Murray - Darling Basin Ministerial Council must, within 3 weeks after the Authority complied with paragraph   (6)(c), give the Minister a written notice:

  (a)   stating that neither the Murray - Darling Basin Ministerial Council nor any of its members express any further views on the proposed Basin Plan; or

  (b)   setting out the views of the Murray - Darling Basin Ministerial Council, or one or more of its members, on one or both of the following:

  (i)   the long - term average sustainable diversion limits proposed in the proposed Basin Plan;

  (ii)   any other aspect of the proposed Basin Plan in relation to which the Minister may give a direction under subparagraph   44(3)(b)(ii).

Note:   Subsection   44(5) specifies matters in relation to which the Minister must not give a direction.

  (8)   If the Murray - Darling Basin Ministerial Council does not give the Minister such a notice within that period of 3 weeks, the Murray - Darling Basin Ministerial Council and its members are taken not to express any further views on the proposed Basin Plan.



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