NATIONAL IRRIGATORS’ COUNCIL

POLICY PORTFOLIO - WATER LAW AND PLANNING

Advocating for the Australian irrigated agriculture industry


Australian Water Law

The Australian Constitution outlines that Australia's waters are the responsibility of State and Territory jurisdictions (Section 100).

Overtime Federal Government intervention and direction in water policy has increased.  Particularly due to coordination across state boundaries and the desire for national consistency through Federal oversight has been enabled.  This has progressively occurred as water resources were developed. 





Key Elements of Australian Water Law and Planning

Australia's foundational document for water law and planning is arguably the National Water Initiative which was agreed in 2004 as an intergovernmental agreement after more than a decade of discussions from the first Council of Australian Governments meeting in 1994.  States and Territories agreed in 2004 to implement 10 objectives and complete more than 110 actions to implement the agreement, including the creation of state water management law, which is how the NWI become the blueprint for Australian water management. 

"23 Objectives:
Full implementation of this Agreement will result in a nationally-compatible, market, regulatory and planning based system of managing surface and groundwater resources for rural and urban use that optimises economic, social and environmental outcomes by achieving the following: 
i. clear and nationally-compatible characteristics for secure water access entitlements;
ii. transparent, statutory-based water planning;
iii. statutory provision for environmental and other public benefit outcomes, and improved environmental management practices;
iv. complete the return of all currently overallocated or overused systems to environmentally-sustainable levels of extraction;
v. progressive removal of barriers to trade in water and meeting other requirements to facilitate the broadening and deepening of the water market, with an open trading market to be in place;
vi. clarity around the assignment of risk arising from future changes in the availability of water for the consumptive pool;
vii. water accounting which is able to meet the information needs of different water systems in respect to planning, monitoring, trading, environmental management and on-farm management;
viii. policy settings which facilitate water use efficiency and innovation in urban and rural areas;
ix. addressing future adjustment issues that may impact on water users and communities; and
x. recognition of the connectivity between surface and groundwater resources and connected systems managed as a single resource."


In 2007, a Commonwealth Water Act to address environmental concerns and further support consistency of management in the Murray Darling Basin was forged.  It is Australia's primary legislation that concerns the Commonwealth Government's powers over the Murray–Darling Basin and enables the establishment of the Murray Darling Basin Plan, and assciated beauracraces of the Murray Darling Basin Authority, the Commonwealth Environmental Water Holder and the Inspector General Water Compliance to implement and enforce the plan. 

The Act's objectives  include the management of the Basin's water resources, addressing threats to the Basin, promoting the environmentally, economically and socially sustainable use of the Basin's resources, conservation of the Basin ecosystem, maximising the economic benefit to the Basin communities, and improving water security.

KEY MESSAGE

The National Irrigators' Council respects that in Australia we strive for national consistency in the creation and ongoing accountability and transparency of managing water property rights that  clearly define a right to access a share of water which is exclusive, secure and tradable. 

Position Statements

Entitlement Framework

Position Statement under review

Water Markets and Reform

Position Statement under Review



Key Related NIC Resources on Australian Water Law and Planning


Water Markets Regulation Final Submission

Take a look at our final submission on both the: 

Overall, NIC is increasingly concerned by the regulatory burden of this reform, and that it's going too far - disproportionate to the problem at hand, and the size and extent of water markets.

We are developing a strategic plan for how we approach this ongoing issue, which has a number of steps still to be implemented - stay tuned. 


Implementation of the Water Market Reform Roadmap – 2 years on

DCCEEW recently released their progress assessment of the water market reforms.  This document outlines the steps taken to implement the ACCC recommendations and highlights the significant change still to navigate through water market reforms as required by the Restoring Our Rivers 2023 amendment. Unfortunately, the progress update provides no assessment of the costs and benefits of these reforms, rather forges ahead.  Current consultation include Water Market Decisions, Water Market Pre-Trade data and the final policy position for the Intermediaries Code via the Department’s website.


Federal Government Senate Estimates - Water

Today, Federal Senate Estimates for the Environment and Communications portfolio held their hearings on matters relating to the Murray Darling Basin Plan, water market reforms and the National Water Agreement renewal. The hearings are available via the Australian Parliament YouTube channel. 

Some key outcomes from today's discussion confirmed that an updated version of the National Water Agreement is due "soon" and that many of the stakeholder concerns, including those from the Productivity Commission were being addressed.  The Department indicated a living entity is not a legal entity and that there is no intention for Free, Informed and Prior Consent, to provide authority over water decisions. 

Questioning regarding buybacks revealed that 26GL out of the 90GL of 'overwhelming offers' last year for Bridging the Gap were contracted with 72% rejected due to value for money concerns. 




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