Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister must, in writing, determine that a Basin State is a State to which this section applies if the Minister is satisfied that a State water management law of the State:
(a) has applied the risk assignment framework provided for in clauses 48 to 50 of the National Water Initiative, read in conjunction with clause 10.1.3 of the Agreement on Murray - Darling Basin Reform of 3 July 2008; and
(b) has applied that framework by, and at all times since:
(i) 30 June 2009; or
(ii) a later day specified in the regulations.
Note: Clauses 48 to 50 of the National Water Initiative and clause 10.1.3 of the Agreement on Murray - Darling Basin Reform of 3 July 2008 are set out in Schedule 3A.
(2) The day specified in regulations made for the purposes of subparagraph (1)(b)(ii) must not be later than the day on which the Basin Plan first takes effect.
(2A) The Minister is taken, on the commencement of this section, to have made a determination under subsection (1) that New South Wales is a State to which this section applies.
(3) The Minister must, in writing, revoke a determination made under subsection (1) if satisfied that there is no longer a State water management law of the State that gives effect to that framework.
(5) A determination made under subsection (1), or a revocation under subsection (3), is not a legislative instrument.