Copyright © Government of South Australia 2002
All legislation herein is reproduced by permission but does not purport to be the official or authorised version. It is subject to Copyright. The Copyright Act, 1968 (Cth) permits certain reproduction and publication of South Australian legislation. In particular s. 182A of the Act enables a complete copy to be made by or on behalf of a particular person. For the reproduction or publication beyond that permitted by the Act, permission should be sought in writing from the South Australian Attorney-General's Department. Requests in the first instance should be addressed to the Attorney-General.

RIVER MURRAY BILL

The Hon. J.D. HILL (Minister for Environment and Conservation) obtained leave and introduced a bill for an act to provide for the protection and enhancement of the Murray River and related areas and ecosystems; to amend the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986, the Aquaculture Act 2001, the Coast Protection Act 1972, the Crown Lands Act 1929, the Development Act 1993, the Environment Protection Act 1993, the Fisheries Act 1982, the Harbors and Navigation Act 1993, the Heritage Act 1993, the Historic Shipwrecks Act 1981, the Irrigation Act 1994, the Mining Act 1971, the Murray-Darling Basin Act 1983, the National Parks and Wildlife Act 1972, the Native Vegetation Act 1991, the Opal Mining Act 1995, the Petroleum Act 2000, the Soil Conserva­tion and Land Care Act 1989, the South Eastern Water Conservation and Drainage Act 1992 and the Water Re­sources Act 1997; and for other purposes. Read a first time.

The Hon. J.D. HILL: I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

Today I introduce historic legislation for the pro­tection of the River Murray. Sadly, but perhaps inevitably, I am doing so at a time when the need for such legislation could hardly be more self-evident. The Labor Party went to the last election promising to take bold action to protect the River Murray. Today I honour that pledge.

As serious drought faces many parts of the country, we are reminded daily, and starkly, of the crucial importance of good water management. Safeguarding water systems is vital to our well-being but more critically, it is vital to our very survival—the health of our economy, our way of life and social fabric.

The River Murray is our most important water re­source. It provides water not only for important regional industries—irrigation, manufac­turing and industry and the com­munities that rely on those industries for their pros­perity—but also water for the River townships, water for the city of Adelaide, water for growing industries in the Barossa Valley, and water for northern regional centres of Whyalla, Port Augusta, Port Pirie and numerous small townships between.

The River Murray is more, too, than a source of water for consumptive use. It is a living body whose ecological integrity must be main­tained. Management of a river in a way that does not provide for environmental requirements threat­ens the entire river system and those who depend on it. At its most extreme, long term neglect of water for the environment threatens the very exist­ence of dependent ecosystems, and the lives, live­lihood and security of com­munities.

However beyond the fundamental and quantifiable value of a healthy river to our econ­omy, and the import­ance of maintaining the River to ensure its future, is the subtle significance of the River to our cultural heritage, indigen­ous and since white settlement. All aspects of the River must be recognised and pro­tected.

This is the first time in the State's history, and Australia's history, that the River Murray will be given special protec­tion under its own legisla­tion, in recognition of the import­ance of the river to all South Australians. The River Murray Bill takes us further in our commit­ment to the River than any other States' legislation. We hope it will create a bold precedent for other States as South Australia leads the nation in the protection and manage­ment of the Murray.

This legislation complements a number of other initia­tives including the implementation of the Water Allocation Plan for the River Murray which I publicly released on 3 September 2002. Also, the Murray-Darling Basin Minis­terial Council is finally getting serious about environment­al flows for the River Murray, and this legislation has a number of features which will pave the way forward for the restoration of river health.

Why a new Act for the River Murray? South Australia has a strong history of legislating for important reforms, including environmental reforms. For management of our natural resources we are well-served by Acts such as the Water Resources Act 1997, Environ­ment Protection Act 1993 and Devel­opment Act 1993. But it is clear that the River Murray needs more than the pro­tection that legislation can give, and it needs more than amendments to existing legislation alone. It needs a con­certed effort, in part through new legislation and reforms to existing legislation, to ensure that protection and en­hancement of the River is a para­mount consider­ation for activities that have the potential to adversely affect the River.

The Parliamentary Select Committee on the Murray River, of which I am proud to have been a member, inves­tigated the current health of the River, the causes and impacts of its deterioration, and the further threats that face it, at both a national and local level. Many aspects of that report relate to integrated catchment manage­ment, an initiative I am actively pursuing with a view to introduc­ing further legislative reforms in 2003. Many of the recom­menda­tions relate to operational and budgetary matters, and those too are being pursued at Departmental level. Many of the recommenda­tions related to the national scene—the cru­cial Murray-Darling Basin Agreement, of which South Australia is, by necessity, a most active and com­mitted partner. And a number of recommen­dations relate to identified legislative gaps that can be, and will be, covered by the River Murray Bill now before you.

Economic importance of the River

The Murray-Darling Basin in South Australia supports significant economic activity based on irrigation and dryland farming, and associated food processing, and tourism. The Murray Mallee and Riverland regions alone generate a gross regional product of over $1.5 billion (or 4 per cent of the gross state product). The regional economy is substantially based on the primary industry sectors, in particular grapes, cereals and irrigated horticulture. It is estimated that more than 70 per cent of the economic activity in the Riverland is based on the irrigation industry.

Benefits from this new legislation will include im­proved biodiversity, tourism, agricultural and recreational value. Sustain­ability of practices affecting the River will deliver im­proved long term security for the River and all those who are dependent on it.

Overview of the River Murray Bill

The Object of the bill is to achieve a healthy working River Murray system, sustaining communities and preser­ving unique values. The bill aims to do this through ensur­ing that development and other activities with an effect on the River are ecologically sustainable, and under­taken in a way that does not harm the River. The bill also provides other mechanisms to

enhance management of the River and its catchment.

The ‘River Murray' is defined broadly to mean the main stem of the River Murray, and all anabranches, tributaries, wetlands and flood plains, including the Lakes and Coorong. The definition incorporates the natural resources of the River Murray including the soil, water, ecosystems, cultural and natural heritage, and amenity and geological values of the River.

The River Murray Bill is a package in two parts.

The main part of the bill:

×establishes Objectives for a Healthy River Murray (`ORM');

×gives the Minister for the River Murray certain new powers and obligations, including preparation of a River Murray Act Implementation Strategy, obligation to promote integration of the River Murray Act with other relevant legislation, reporting to Parliament on the health of the River and implementation of the Act, having an input into statutory planning documents such as development plans, and having an input into some statutory authorisations;

×establishes a new duty of care—a duty not to harm the River, enforceable by a River Murray Protection Order or Reparation Order;

×establishes a Parliamentary Committee; and

×includes a power to make regulations which could include regulations to restrict or prohibit, subject to conditions, classes of activities that may harm the River.

The bill also builds on and improves existing legisla­tion to help to control and reverse the problems facing the River. The Schedule to the bill amends 20 existing Acts in order to improve the current regulatory framework. Amend­ments will require bodies adminis­tering those Acts to:

×take the River Murray into account in the preparation of plans and undertaking of functions; and

×seek input from the Minister for the River Murray before granting certain types of activities approvals in certain loca­tions. Regulations will set out in detail the types of activities, in particular locations that are sensi­tive to the River, that will in the future be referred to the Min­ister for the River Murray under these new arrangements.

Additional amendments made in the Schedule to the Water Re­sources Act 1997 will provide for closer controls over water licence conditions and water use. The changes will allow the recently released Water Allocation Plan for the River Murray to be fully implemented, supporting the improvements that have been made by South Australian irrigators over many years, and encour­aging all irrigators to meet high standards.

Consultation overview

I have consulted widely over the bill now before you. Following informal discussion with some key stakehold­ers, a Discussion Paper was developed a released for consultation. Comments received helped in the prepara­tion of a draft River Murray Bill, which was itself released for consultation. In addition to direct contact with key groups and individuals, and loading the bill and Explana­tory Paper on the Departmental website, all River Murray licensees received a brochure informing them of the bill. Stake­holder and representative groups were also engaged through small focus groups to discuss in detail the draft bill and its potential application.

This is the first legislation of its type to be introduced any­where in Australia. It meets one of the Rann Government's major promises to the electorate and has been embraced by the community.

It is now up to my parliamentary colleagues to ensure that we meet the expectations of the community and pro­tect the River Murray.

Explanation of Clauses

PART 1

PRELIMINARY

Clause 1: Short title

This clause is formal.

Clause 2: Commencement

The measure will come into operation on a day to be fixed by proclamation.

Clause 3: Interpretation

This clause sets out the meanings of term used in the measure. Some key terms include the "River Murray"; "natural resources" of the River Murray; and the "Murray-Darling Basin".

Clause 4: River Murray Protection Areas

This clause empowers the Governor to make regulations in order to designate areas as River Murray Protection Areas for the pur­poses of this measure or other Acts. The areas designated may vary for different purposes and Acts.

Clause 5: Interaction with other Acts

The measure does not derogate from the provisions of any other Act, unless that intention is otherwise expressed. This clause also sets out other Acts that are "related Acts" for the purposes of the measure.

PART 2

OBJECTS OF ACT AND STATUTORY OBJEC­TIVES

Clause 6: Objects

The objects of this measure include to ensure that all reasonable and practicable measures are taken to protect, restore and enhance the River Murray, to develop mecha­nisms to ensure that any develop­ment or activities do not have an adverse effect on the river and are undertaken in a way that best protects and benefits the river while provid­ing for the economic, social and physical well being of the community, and to promote principles of eco­logically sustainable development in relation to the use and man­age­ment of the river.

Clause 7: Objectives

This clause sets out the objectives to be referred to collec­tively as the Objectives for a Healthy River Murray (ORMs) that will apply in relation to the operation of the measure. These are:

-the river health objectives, which include the protec­tion and restoration of habitat, floodplains and wetlands of the River Murray System and the prevention of extinction of native animals, fish and vegetation;

-the environmental flow objectives, which include the re­instate­ment and maintenance of the natural flow regime of the river, keeping the Murray mouth open and improv­ing the connec­tivity between the environments of the River Murray system;

-the water quality objectives, which include improve­ment of water quality, minimising the impact of salinity, reduc­ing algal blooms and the impact of sediment and pesticides on the River Murray system;

-the human dimension objectives, which include taking a flexible approach to river management to take account of community interests, knowledge and understanding of the River Murray system, recognising indigenous and other cultural and historical relation­ships with the river and the importance of a healthy river to the economic, social and cultural prosperity of the communities along the river and the community more generally.

Clause 8: Administration of Act to achieve objects and objec­tives

Those responsible for the administration of this measure must act consistently with, and seek to further the objects of the measure and the Objectives for a Healthy River Murray.

PART 3

ADMINISTRATION

DIVISION 1—THE MINISTER

Clause 9: Functions and powers of the Minister

This clause sets out the functions and powers of the Minis­ter under this measure. These include to prepare an Imple­mentation Strat­egy, to approve and provide advice regard­ing activities undertaken within the Murray-Darling Basin, to act to integrate the adminis­tration of this measure with other legislation and promote the co-ordination of policies and programs that may affect the River Murray and to undertake monitoring programs and promote research and public education in relation to the protection, im­provement and enhance­ment of the River Murray. The Minister also has the function of reviewing the operation of this measure or a related Act and the extent to which the objects and the ORMs are being advanced. The Minister has such powers as are necessary to perform his or her functions under the measure.

Clause 10: Annual report

The Minister must prepare an annual report, to be laid before both houses of Parliament, on the implementation of this measure, the extent to which the objects and the ORMs are being achieved, and issues relating to enforce­ment.

Clause 11: Three-yearly reports

The Minister must undertake a review of the measure every three years to assess its interaction with the related operational Acts and to assess the health of the River Murray in light of the ORMs. This review must be includ­ed in the annual report for that year.

Clause 12: Power of delegation

The Minister may delegate any of his or her powers under the measure or any other Act.

DIVISION 2—AUTHORISED OFFICERS

Clause 13: Appointment of authorised officers

The Minister may appoint such authorised officers as are required.

Clause 14: Powers of authorised officers

This clause sets out the powers of authorised officers in relation to the administration, operation or enforcement of the measure. An authorised officer may use force to enter a place or vehicle on the authority of a warrant issued by a magistrate, or if immediate action is required in the cir­cumstances. However, an authorised officer will not be able to use a power under this provision to enter residential premises.

Clause 15: Hindering, etc., persons engaged in the ad­ministra­tion of this Act

It is an offence to hinder, obstruct or abuse an authorised officer or fail to answer or otherwise mislead an officer.

PART 4

MINISTERIAL ACTIVITIES AND ARRANGE­MENTS

ASSOCIATED WITH THE RIVER MURRAY

DIVISION 1—MINISTER MAY UNDERTAKE

WORKS

Clause 16: Minister may undertake works

This clause provides for certain activities of the Minister for the purposes of furthering the objects of the Act or the ORMs, carry­ing out projects, and performing other rel­evant functions.

DIVISION 2—MANAGEMENT AGREEMENTS

Clause 17: Management agreements

This clause allows the Minister to enter into a management agree­ment with the owner of land within the Murray-Darling Basin.

A management agreement may, with respect to the land to which it relates—

(a)require specified work or work of a specified kind be carried out on the land, or authorise the performance of work on the land;

(b)restrict the nature of any work that may be car­ried out on the land;

(c)prohibit or restrict specified activities or ac­tivi­ties of a specified kind on the land;

(d)provide for the care, control, management or operation of any infrastructure, plant or equip­ment;

(e)provide for the management of any matter in accord­ance with a particular management plan (which may then be varied from time to time by agreement between the Minister and the owner of the land);

(f)provide for the adoption or implementation of envi­ronment protection measures or environment im­prove­ment programs;

(g)provide for the testing or monitoring of any aspect of the natural resources of the River Murray;

(h)provide for a remission or exemption in re­spect of a levy under Division 1 of Part 8 of the Water Resources Act 1997;

(i)provide for remission of rates or taxes in respect of the land;

(j)provide for the Minister to pay to the owner of the land an amount as an incentive to enter into the agreement.

A term of management agreement providing for a remis­sion or exemption with respect to the specified levy or for the remission of rates and taxes has effect despite any law to the contrary.

Subclause (4) requires the Registrar-General, on the appli­cation of a party to a management agreement, to note the agree­ment against the relevant instrument of title or, in the case of land not under the provisions of the Real Prop­erty Act 1886, against the land.

Subclause (5) provides that a management agreement has no force or effect under this Act until a note is made under subclause (4).

Where a note has been entered under subsection (4), the agree­ment is binding on both the current owner of the land (whether or not that owner was the person with whom the agreement was made, and despite the provisions of the Real Property Act 1886) and any occupier of the land.

The Registrar-General must, on application, enter a note of the rescission or amendment against the instrument of title, or against the land if satisfied an agreement has been rescinded or amended. The Registrar-General must also ensure that the note is not other­wise removed once made.

DIVISION 3—ENTRY ONTO LAND

Clause 18: Entry onto land

This clause provides that a person may, for specified purposes, enter or pass over any land that is not vested in the Minister, bring vehicles, plant and equipment onto that land, and temporarily occupy land not vested in the Minis­ter. In doing so, a person must minimise disturbances to any land, and, subject to any alternative arrangement agreed between the Minister and owner of the rel­evant land, must restore any disturbed land to its previous condi­tion. No compensation is payable with respect to the exer­cise of a power under this clause.

DIVISION 4—COMPULSORY ACQUISITION OF LAND

Clause 19: Compulsory acquisition of land

The Minister may, if necessary, exercise powers of com­pulsory acquisition under the Land Acquisition Act 1969.

PART 5

IMPLEMENTATION STRATEGY

Clause 20: Implementation Strategy

This clause sets out the requirements of the River Murray Act Implementation Strategy, which must be prepared by the Minister. The strategy must set out the priorities and strategies of the Minis­ter in order to achieve the objects and implement the ORMs. The strategy must be reviewed every five years and must be published in the Gazette and be available for public inspection. The strategy is a policy document and does not affect rights or liabilities.

PART 6

DEVELOPMENT OF RELATED POLICIES AND

CONSIDER­ATION OF ACTIVITIES

Clause 21: Development of related policies and con­sider­ation of activities

This clause deals with statutory instruments that apply within the Murray-Darling Basin and applications for statutory authorisations that are referred to the Minister for consideration under a related operational Act or as pre­scribed by the regulations.

A statutory instrument is defined in the interpretation provision as being a plan or policy prepared under an Act. A statutory authorisation includes such things as an ap­proval, consent, licence or permit granted under a related operational Act.

In considering a statutory instrument or statutory auth­ori­sation referred to the Minister, the Minister must have regard to the objects of this measure and the ORMs. Addi­tionally, in relation to a statutory instrument, the Minister must also take into account any agreement or resolution of the Ministerial Council under the Murray-Darling Basin Act 1993. In the case of a statutory authori­sation, the Minister must also take into account the possible effects of the proposed activity on the River Murray and the extent to which similar activities undertaken may have an accu­mulative effect on the River. The Minister may also have regard to the views of other relevant persons and bodies the terms of the Agree­ment under the Murray-Darling Basin Act 1993 and any relevant policy.

If the Minister considers that a statutory instrument should be amended but cannot reach agreement with the Minister respon­sible for the administration of the Act under which it was pre­pared, the matter must be referred to the Governor for resolution.

The Minister may impose conditions on the grant of a statutory authorisation, including a condition that a person enter into a bond to cover the cost of any damage to the River Murray caused by a breach of a condition, or devel­op an environmental improvement program.

The Minister may publish policies in connection with the Minister's function of assessing statutory authorisa­tions referred to him or her. These policies may set out matters the Minister may take into account or conditions that may be imposed in relation to specified classes of authorisa­tions, or set out circumstances where the Minister may oppose the grant of a class of authorisation.

PART 7

GENERAL DUTY OF CARE

Clause 22: General duty of care

Under this clause, a person has a general duty of care to take all reasonable measures to prevent or minimise harm to the River Murray through the person's actions or activi­ties. Harm includes the risk of harm and future harm. There are certain things to be considered in determining what measures must be taken. These include the nature of the harm and the sensitivity of the environ­ment, financial implications of alternative action and the level of risk involved. A breach of this duty does not constitute an offence but compliance may be enforced by the issuing of a protection order or reparation order under this measure.

PART 8

PROTECTION AND OTHER ORDERS

DIVISION 1—ORDERS

Clause 23: Protection orders

This clause provides that the Minister may issue a protec­tion order to secure compliance with the general duty of care, a condition of a statutory authorisation or any other requirement under this measure. An order may require a person to stop or not start a particular activity, to only carry on an activity at a particular time, to take specified action within a certain time, to undertake tests or monitor­ing or prepare a plan or report. If urgent action is required, an authorised officer may issue an emergency protection order which will cease within 72 hours if not confirmed by a written order issued by the Minister. It is an offence not to comply with a protection order.

Clause 24: Action on non-compliance with a protection order

If a protection order is not complied with, the Minister may take any action required and recover any reasonable costs and expenses as a debt due.

Clause 25: Reparation orders

This clause provides for the issue of a reparation order if the Minister is satisfied a person has caused harm to the River Murray by contravening the general duty of care, a condition of a statutory authorisation or any other require­ment under this measure. A reparation order may require a person to take particular action to make good any damage or make payments to enable action to be so taken. The order may include other requirements to prevent or miti­gate further harm to the River. An authorised officer may issue an emergency reparation order, which will cease to have effect within 72 hours unless confirmed in writing by the Minister. It is an offence to fail to comply with a repa­ration order.

Clause 26: Action on non-compliance with a repara­tion order

If a reparation order is not complied with, the Minister may take any action required and recover reasonable costs and expenses as a debt due.

Clause 27: Reparation authorisations

This clause provides for the issue of a reparation authori­sation if the Minister is satisfied a person has caused harm to the River Murray by contravening the general duty of care, a condition of a statutory authorisation or any other requirement under this meas­ure. A reparation authorisation may be issued whether or not a reparation order has been issued and authorises an authorised officer or other person to take particular action to make good any damage to the River Murray. The Minister may recover reasonable costs and expenses incurred in taking action under the authorisa­tion as a debt due.

Clause 28: Interim restraining orders

If the Minister is of the opinion that a particular activity may cause harm to the River Murray, or there is insuffi­cient information to assess the likelihood of harm or it is necessary to ensure the protection of the River, the Minis­ter may issue an interim restrain­ing order requiring a person to cease or not start a particular activity. It is an offence to fail to comply with an order.

Clause 29: Consultation with other authorities

Before issuing a protection order, reparation order or reparation authority, the Minister should consult with any relevant public authority unless it is a matter of urgency.

DIVISION 2—REGISTRATION OF ORDERS AND EFFECT

OF CHARGES

Clause 30: Registration

If an order or authorisation relates to an activity carried on land or requires action to be taken on or in relation to land, the Minister may apply to have the order or authorisation registered in relation to that land and will be binding on the owner and the occupier of the land for the time being.

Clause 31: Effect of charge

A charge imposed on the land as a result of costs recover­able in relation to an order or authorisation has priority over any prior charges.

DIVISION 3—APPEALS TO COURT

Clause 32: Appeals to Court

A person is entitled to appeal to the Environment, Re­sources and Development Court against the issue of a protection order, repara­tion order, or interim restraining order, or any variation to these.

PART 9

MISCELLANEOUS

Clause 33: Native title

Nothing done under this measure affects native title in any land.

Clause 34: Parliamentary Committee

This clause establishes the River Murray Parliamentary Commit­tee. The functions of the Committee include taking an interest in the protection, enhancement, and improve­ment of the River Murray and the operation of this meas­ure, undertaking an annual review of the work of the Minister in implementing this measure and consideration of the three yearly review of the Minister under­taken under this measure.

Clause 35: Immunity provisions

This clause provides that no act or omission of the Minis­ter or a person acting under the Minister's authority in order to protect, restore or enhance the River Murray or further the ORMs subjects the Minister, that person or the Crown to liability, even if in doing so, damage is caused to land or the use and enjoyment of land is affected.

Clause 36: False or misleading information

It is an offence to make a false or misleading statement in provid­ing information under this measure.

Clause 37: Continuing offence

A person convicted of an offence in relation to a continu­ing act or omission is liable for a penalty for each day that the act or omis­sion continues of up to one tenth of the maximum penalty pre­scribed for the offence.

Clause 38: Liability of directors

If a corporation commits an offence under this measure, each director is guilty of an offence (unless the offence did not result from the failure of the director to take reasonable care). A director may be prosecuted regardless of whether the corporation has been prosecuted or convicted.

Clause 39: Criminal jurisdiction of Court

An offence against the measure will lie within the jurisdic­tion of the Environment, Resources and Development Court.

Clause 40: Service

This clause sets out the manner of service of a document, order or notice under the measure.

Clause 41: Application or adoption of codes or stand­ards

This clause facilitates the adoption of appropriate codes, standards and related documents. Any such document will be required to be kept available for inspection by members of the public without payment of a fee.

Clause 42: Regulations

This clause sets out the power to make regulations for the pur­poses of the measure. These include regulations to prohibit or restrict activities within a River Murray Protec­tion Area, or set requirements or conditions in relation to such an activity, or prohibit or restrict access to a River Murray Protection Area.

SCHEDULE

Amendments

1.Amendment of Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986

The amendments to this Act require that various pro­grams undertaken under the Act and decisions to issue various permits that relate to any part of the Murray-Darling Basin must seek to further the objects of the River Murray Act 2002 and the Objec­tives for a Healthy River Murray, insofar as they are relevant.

The amendments also provide that if an application for a permit is of a prescribed class, and relates to a River Murray Protection Area, the Minister administering the River Murray Act must be consulted and any directions of the Minister in relation to the grant of the permit, includ­ing that the permit not be granted or must be granted subject to specified conditions, must be complied with.

2.Amendment of Aquaculture Act 2001

The amendments to this Act require that insofar as an aquaculture policy applies within the Murray-Darling Basin, the policy must seek to further the objects of the River Murray Act 2002 and the Objectives for a Healthy River Murray. The agreement of the Minister administer­ing the River Murray Act must also be ob­tained before a draft policy that will apply to a River Murray Protection Area is approved.

3.Amendment of Coast Protection Act 1972

The amendments to this Act require the Coast Protection Board to take into account the objects of the River Murray Act 2002 and the Objectives for a Healthy Rover Murray, insofar as they are rel­evant, when taking any action in relation to any part of the Murray-Darling Basin.

The Board must also consult the Minister administering the River Murray Act 2002 when it prepares a management plan that may affect the River Murray.

4.Amendment of Crown Lands Act 1929

The amendments to this Act prevent the Minister from acquiring land within the Murray-Darling Basin solely or predominantly for the purpose of closer settlement.

In granting a licence under the Act that relates to the Murray-Darling Basin, the Minister or person authorised to grant the licence must take into account the objects of the River Murray Act 2002 and the Objectives for a Heal­thy River Murray. If a licence relates to a River Murray Protection Area, the Minister administer­ing the River Murray Act must be consulted and any directions of the Minister in relation to the grant of the licence, including that the licence not be granted or must be granted subject to specified conditions, must be complied with.

5.Amendment of Development Act 1993

The amendments to this Act provide that the Planning Strategy is to include the Objectives for a Healthy River Murray, and the Strategy may be amended to reflect this.

The Development Plan may be amended by the Minis­ter administering the Development Act 1993 at the request of the Minister for the River Murray in order to promote the objects of the River Murray Act 2002 and the Objec­tives for a Healthy River Murray. If the two Ministers are un­able to reach agreement on a proposed Plan amendment, the matter may be referred to the Governor for determina­tion. The Minister for the River Murray is also given the power to comment on Plan Amendment Reports prepared by Councils or the Planning Minister if the amendment relates to an area within the Murray-Darling Basin.

The amendments also provide that the Minister admin­is­tering the Development Act 1993 may, at the request of the Minister for the River Murray, declare that the Devel­op­ment Assessment Commission is to be the relevant auth­ority in relation to a devel­opment proposal on the grounds that the proposal may have a significant impact on the River Murray.

The Major Developments Panel must include a member selec­ted by the Minister for the River Murray where the development or project may have a significant effect on the River Murray.

Where an Environmental Impact Statement (EIS), Public Environmental Report (PER) or Development Report (DR) relate to a development or project to be undertaken within the Murray-Darling Basin, they must include a statement of the extent the project is expected to be consistent with the objects of the River Murray Act 2002 and the Objec­tives for a Healthy River Murray and the general duty of care under that Act. The EIS, PER and DR must also be referred to the Minister for the River Murray for comment.

The amendments also provide that where the Governor may approve a development that may have an impact on the River Murray, the Governor must have regard to the objects of the River Murray Act 2002, the Objectives for a Healthy River Murray and the general duty of care under that Act, and any requirements under the Agreement under the Murray-Darling Basin Act 1993.

6.Amendment of Environment Protection Act 1993

The amendments to this Act require that in administering the Act or taking any action under the Act that relate to any part of the Murray-Darling Basin, the Minister, the Environment Protection Authority and any other relevant persons must take into account, and seek to further, the objects of the River Murray Act 2002 and the Objectives for a Healthy River Murray, insofar as they are relevant.

7.Amendment of Fisheries Act 1982

The amendments require that where this Act applies to the River Murray, it must seek to further the objects of the River Murray Act 2002 and the Objectives for a Healthy River Murray. The Minister administering the River Murray Act 2002 must also be consulted in relation to any proposed research, exploration, works or oper­ations that relate to the River Murray.

The amendments also require that in granting licences of a prescribed class, or various permits or exemptions that relate to the River Murray, the Minister administering the River Murray Act must be consulted and any directions of the Minister in rela­tion to the grant of a licence, permit or exemption, including that it not be granted or must be granted subject to specified conditions, must be complied with.

8.Amendment of Harbors and Navigation Act 1993

The amendments will require licences (unless excluded by regula­tion) that relate to waters that form part of the River Murray to be referred to the Minister administering the River Murray Act 2002, and that Minister will be able to give directions in relation to the grant of the licence, in­cluding that the licence not be granted, or if it is granted, that it be subject to specified conditions.

9.Amendment of Heritage Act 1993

The amendments require that if various permits granted under this Act relate to a River Murray Protection Area, the State Heritage Authority must, in granting a permit, take into account and seek to further the objects of the River Murray Act 2002 and the Objec­tives for a Healthy River Murray. If the permit is of a prescribed class, the Minister administering the River Murray Act 2002 must be consulted and any directions of the Minister in relation to the grant of the permit, including that the permit not be granted or must be granted subject to specified conditions, must be complied with.

10.Amendment of Historic Shipwrecks Act 1981

The amendments to this Act require that if an application for a permit under the Act relates to a shipwreck located in the River Murray, the Minister must in considering the application, seek to further the objects of the River Murray Act 2002 and the Objec­tives for a Healthy River Murray. If a permit is of a prescribed class and relates to a River Murray Protection Area, the Minister administering the River Murray Act 2002 must be consulted and any direc­tions of the Minister in relation to the grant of the permit, including that the permit not be granted or must be granted subject to specified conditions, must be complied with.

11.Amendment of Irrigation Act 1994

The amendments to this Act require that an irrigation authority must not breach, or impose requirements that cause another person to breach, requirements imposed under the Water Resources Act 1997, or a duty or require­ment under the River Murray Act 2002, in determining terms and conditions on the supply or drainage of water.

An irrigation authority may also reduce water alloca­tions if necessary to meet a reduction of its allocation under the Water Resources Act 1997. In making any re­duction in allocations, the irrigation authority may take into account opportunities for more efficient use of water in the district and the types of crops grown and may re­duce various allocations by different amounts or pro­por­tions.

12.Amendment of Mining Act 1971

The amendments require that in granting applications for various licences, leases and authorisations under this Act that relate to the Murray-Darling Basin, the objects of the River Murray Act 2002 and the Objectives for a Healthy River Murray must be taken into account.

If the licence, lease or authorisation relates to a River Murray Protection Area, the Minister administering the River Murray Act must be consulted on the application. If agreement cannot be reached on whether or not such a licence, lease or authorisation should be granted, the mat­ter must be referred to the Governor for determina­tion.

13.Amendment of Murray-Darling Basin Act 1993

The amendment to this Act inserts a new subsection that makes clear that the Minister is the Constructing Authority in relation to any works, or measures authorised by, or associated with, the Murray Darling-Basin Agreement

14.Amendment of National Parks and Wildlife Act 1972

The amendments to this Act require that any lease, licence or agreement that relates to a reserve located within a River Murray Protection Area, must be consistent with the objects of the River Murray Act 2002 and the Objectives for a Healthy River Murray. In granting a prescribed class of such a lease, licence or agree­ment, the Minister admin­istering the River Murray Act 2002 must be consulted and any directions in relation to the lease, licence or agreement including directions that the lease, licence or agreement not be granted, or if granted must be subject to certain conditions, must be complied with.

The amendments also provide that an objective of manag­ing a reserve located within the Murray-Darling Basin is to promote the objects of the River Murray Act 2002 and the Objectives for a Healthy River Murray. The Minister must also consult the Minis­ter administering the River Murray Act 2002 in preparing a plan of management for a reserve located within the Murray-Darling Basin and must have regard to the objects of the River Murray Act 2002 and the Objectives for a Healthy River Murray.

A proposal to constitute or alter the boundaries of a reserve that relates to land within the Murray-Darling Basin must be submitted to the Minister administering the River Murray Act 2002, and that Minister's views con­sidered.

The amendments also provide that a permit granted in relation to an activity that may be undertaken in a River Murray Protection Area must be consistent with the ob­jects of the River Murray Act 2002 and the Objectives for a Healthy River Murray. In granting a prescribed class of permit that relates to a River Murray Protection Area, the Minister administering the River Murray Act 2002 must be consulted and any directions in relation to the permit, including that the permit not be granted, or must be grant­ed subject to certain conditions, must be complied with.

15.Amendment of Native Vegetation Act 1991

The amendments to this Act require the Native Vegetation Council to obtain the approval of the Minister administer­ing the River Murray Act 2002 before delegating any of its powers in relation to a matter within the Murray-Darling Basin.

Guidelines in relation to the management of native vegeta­tion prepared by the Council that relate to the Murray-Darling Basin must seek to further the objects of the River Murray Act 2002 and the Objectives for a Heal­thy River Murray and a draft must be submitted to the Minister administering the River Murray Act 2002 for comment during consultation. The guidelines will only apply to land within the Murray-Darling Basin if they explicitly state that they do.

The amendments also require prescribed classes of appli­ca­tions to clear native vegetation within a River Murray Protection Area to be referred to the Minister administer­ing the River Murray Act 2002, and any direc­tions of the Minister as to the grant of the application or any condi­tions on the grant must be complied with.

A new requirement is also included in the Schedule of the Principles of Clearance of Native Vegetation that vegeta­tion should not be cleared if it would cause signifi­cant harm to the River Murray.

16.Amendment of Opal Mining Act 1995

The amendments to this Act require that if a proposed declaration of a designated area or exclusion zone applies to any part of a River Murray Protection Area, the Minis­ter administering the River Murray Act 2002 must be consulted.

17.Amendment of Petroleum Act 2000

The amendments to this Act require that if a statement of environ­mental objectives applies to any part of the Murray-Darling Basin, the Minister must obtain the con­currence of the Minister adminis­tering the River Murray Act 2002 before approving the statement. If agreement cannot be reached, the matter must be referred to the Governor for determination.

18.Amendment of Soil Conservation and Land Care Act 1989

The amendments to this Act require that a soil conservation board with a district that is located within the Murray-Darling Basin must take into account and seek to further the objects of the River Murray Act 2002 and the Objectives for a Healthy River Murray in carrying out its functions. The board must also consult with and consider the views of the Minister administering the River Murray Act in developing or revising its district plan. Before the Soil Conservation Council approves a district plan, it must also consult and consider the views of the Minister admin­istering the River Murray Act. Both a district plan or a soil conservation order that relates to land within the Murray-Darling Basin must seek to further the objects of the River Murray Act 2002 and the Objec­tives for a Healthy River Murray, insofar as they may be relevant.

If a soil conservation order is within a prescribed class and applies to land within a River Murray Protection Area, the Minis­ter administering the River Murray Act 2002 must be consulted and any direction in relation to the order, includ­ing any require­ments of the order, must be complied with.

19.Amendment of the South Eastern Water Conservation and Drainage Act 1992

The amendments require that in administering the Act or taking any action under the Act that relates to any part of the Murray-Darling Basin, the Minister, the South Eastern Water Conservation and Drainage Board, the Council or any other relevant persons must act consistently with and seek to further the objects of the River Murray Act 2002 and the Objectives for a Healthy River Murray, insofar as they are relevant.

The Board, in reviewing its management plan is also required to consult with the Minister administering the River Murray Act 2002 insofar as the plan affects the River Murray. Any water management works undertaken by the Board that may affect the River Murray must com­ply with the approved management plan or otherwise have the approval of the Minister administering the River Murray Act.

In granting a licence of a prescribed class to carry out work in relation to a River Murray Protection Area, the Minister adminis­tering the River Murray Act 2002 must be consulted and any directions of the Minister in relation to the grant of the licence, including that the licence not be granted or must be granted sub­ject to specified conditions, must be complied with.

20.Amendment of Water Resources Act 1997

The amendments will ensure that insofar as this Act ap­plies to the Murray-Darling Basin that persons involved in its administration act consistently with and seek to further the objects of the River Murray Act 2002 and the Objec­tives for a Healthy River Murray.

The Minister administering the Water Resources Act 1997 is the relevant authority for issuing permits for pre­scribed classes of activities within the Murray-Darling Basin.

The amendments also provide that an activity required by a protection order, reparation order, or reparation auth­ori­sation issued under the River Murray Act 2002 will not require a permit under the Water Resources Act.

A person undertaking an activity in the Murray-Darling Basin pursuant to a development authorisation under the Development Act 1993, will not be exempt from the re­quirement to hold a permit under the Water Resources Act unless the development authorisation was referred to the Minister administering the River Murray Act 2002, or the exemption is otherwise excluded by the regulations.

The amendments also require prescribed classes of appli­ca­tions for permits that relate to an area within a River Murray Protection Area to be referred to the Minis­ter administering the River Murray Act 2002, and any direc­tions of the Minister as to the grant of the application, including that the application not be granted or that certain conditions be imposed on the grant, must be complied with. Consideration of an application that relates to an area within the Murray-Darling Basin must take account of the terms and conditions of the Agreement under the Murray-Darling Basin Act 1993 if relevant.

A prescribed class of application for a licence or trans­fer of a licence must be referred to the Minister adminis­tering the River Murray Act 2002 and any directions of the Min­ister as to the grant of the application, including that the application not be granted or that certain conditions be imposed on the grant, must be complied with. Consider­ation of an application that relates to an area within the Murray-Darling Basin must take account of the terms and conditions of the Agreement under the Murray-Darling Basin Act 1993 if relevant.

The amendments provide that a licence condition that relates to a water resource within the Murray-Darling Basin may require that a licensee enter into a bond or otherwise make a payment to ensure that money is avail­able to cover costs of any damage to the River Murray due to the taking or use of water under the licence. A condition may also specify that a licensee develop or participate in an environmental improvement program or other scheme to protect, restore or benefit the River Murray. These conditions may be imposed in relation to licences granted or damage caused before these amendments come into operation.

The amendments also provide for interstate trade to occur in water entitlements in accordance with the Murray-Darling Basin Agreement.

A water licence may be varied, suspended or cancelled if a licensee contravenes a protection order or a reparation order under the River Murray Act 2002.

The amendments insert a new Division which allows for the implementation of schemes by the Minister admin­ister­ing the Water Resources Act 1997 to encourage (but not require) licensees to transfer or surrender their licen­ces.

The amendments will also require the Minister admin­ister­ing the Water Resources Act 1997, insofar as the Act applies within the Murray-Darling Basin and is it is rea­sonably practicable to do so, to integrate the administration of this Act with the River Murray Act 2002 and to inte­grate and co-ordinate policies, pro­grams, plans and pro­jects under both Acts.

A catchment water management plan that relates to the Murray-Darling Basin must identify changes and set out how a catchment water management board will implement the objects of the River Murray Act 2002 and the Objec­tives for a Healthy River Murray. A plan must seek to further these objects and objectives and be consistent with the requirements of the Agreement under the Murray-Darling Basin Act 1993.

A catchment water management plan or water alloca­tion plan may be amended so that it furthers the objects of the River Murray Act 2002 and the Objectives for a Heal­thy River Murray and has greater consistency with the require­ments of the Agreement under the Murray-Darling Basin Act 1993, without following the usual procedures for amendment, provided the Minister certifies that the amendments will not significantly impact on the water allocations of licensees.

The amendments will also allow a differential levy to be declared in relation to the River Murray dependent on the effect that the use of the water may have on salinity levels in the River.

Under the Act, a catchment water management plan or the regulations may set out certain water usage and land man­agement practices that may result in a refund of a levy. The amendments to the Act provide that these may include establishing or participat­ing in a drainage scheme. The Minister will also be able to grant a refund of, or an ex­emption from, the whole or part of a levy as a condition of a water licence, through the mechanism of a manage­ment agreement under the River Murray Act 2002, or by notice in the Gazette.

One White

Mr BRINDAL secured adjournment of the debate.