Commonwealth Consolidated Acts

WATER ACT 2007 - SECT 63

  (1)   A Basin State may:

  (a)   give the Authority a proposed water resource plan for a water resource plan area that is located within the Basin State; and

  (b)   ask the Authority to give the proposed water resource plan to the Minister for accreditation.

The proposed water resource plan may be constituted by 2 or more instruments.

Note:   The surface water of the Googong Dam Area is to be treated as if it were located in the Australian Capital Territory (see section   63A).

  (2)   If the water resource plan area is adjacent to a water resource plan area located in another Basin State, the proposed water resource plan must be prepared in consultation with that other Basin State.

  (3)   The Authority must:

  (a)   consider the proposed water resource plan; and

  (b)   prepare recommendations for the Minister on whether the proposed water resource plan should be accredited; and

  (c)   give the Minister the proposed water resource plan and the recommendations.

  (4)   The Authority must not recommend that the Minister not accredit the proposed water resource plan unless the Authority:

  (a)   gives the Basin State written notice of the grounds on which the Authority considers that it should recommend that the Minister not accredit the plan; and

  (b)   gives the Basin State the opportunity to make submissions to the Authority, within the period of 14 days after the notice referred to in paragraph   (a) is given, in relation to the grounds set out in the notice; and

  (c)   has regard to the submissions made by the Basin State within that period in deciding what recommendations to make to the Minister in relation to the proposed water resource plan.

The Authority may, in writing, extend or further extend the period referred to in paragraph   (b).

  (5)   If the Authority gives the Minister a proposed water resource plan and recommendations under subsection   (3), the Minister:

  (a)   must consider the proposed water resource plan and the recommendations; and

  (b)   may either:

  (i)   accredit the plan; or

  (ii)   not accredit the plan.

  (6)   The Minister must accredit the plan if the Minister is satisfied that the plan is consistent with the relevant Basin Plan. The relevant Basin Plan for the water resource plan is the version of the Basin Plan that the Minister applies in relation to the water resource plan under subsection   56(2).

  (7)   The decision by the Minister to accredit, or not to accredit, the plan:

  (a)   must be made in writing; and

  (b)   is a legislative instrument, but section   42 (disallowance) of the Legislation Act 2003 does not apply to the decision.

  (8)   If:

  (a)   the Minister decides to accredit, or not to accredit, a proposed water resource plan under subsection   (5); and

  (b)   that decision does not follow a recommendation that the Authority gives the Minister under subsection   (3);

the Minister must, when the Minister's decision is laid before a House of the Parliament under the Legislation Act 2003 , cause a copy of a statement that sets out the Minister's reasons for not following the Authority's recommendation to be laid before that House.

  (9)   The regulations may provide for:

  (a)   the time within which the steps provided for in this section are to be taken; and

  (b)   the process to be followed in taking the steps provided for in this section.