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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2008-10-16 Daily Xml
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MURRAY-DARLING BASIN BILL

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Small Business) (15:28): 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.

This Bill complements the Water (Commonwealth Powers) Bill 2008.

South Australia has committed under the Agreement on Murray-Darling Basin Reform—Referral to use our best endeavours to pass referral legislation and amend existing State Acts, in time for the reforms to commence on 1 November 2008.

This Bill is for a new Act to replace the State Murray Darling Basin Act 1993. It removes provisions that will now be obsolete under the new arrangements. The Murray-Darling Basin Commission is to be abolished with:

river operation functions formerly undertaken by the Commission being transferred to the Murray-Darling Basin Authority;

matters affecting State water sharing arrangements, outcomes and objectives on major policy issues or high level financial decisions being transferred to the Ministerial Council; and

those matters relating to high level decision making for river operations now being the responsibility of the Basin Officials Committee.

New provisions relate to the appointment of members to the Basin Officials Committee.

The new framework does not affect the current ownership or control of River Murray operation assets, with ownership remaining with the Basin states.

Assets currently managed by the Murray-Darling Basin Commission will be managed by the Authority in accordance with management agreements between the Authority and each Basin State. The Bill therefore continues the operation of certain existing provisions (with minor amendment) that have been transitioned across from the current Murray-Darling Basin Act, particularly those relating to the construction and management of works and authorisations to enter and occupy land. These provisions are necessary to ensure the continuation of their proper management.

The Murray-Darling Basin Agreement will now sit as a schedule to the Commonwealth Water Act rather than in each State’s Murray-Darling Basin Act. Amendments to the Murray-Darling Basin Agreement must first be approved by the Ministerial Council and the schedule then updated by regulation.

Consequential amendments to relevant State legislation as set out in the Bill provide for replacement of references to the Murray Darling Basin Act 1993 with appropriate references to an amended Murray-Darling Basin Agreement and for references to the Murray-Darling Basin Commission and Ministerial Council to be replaced with the Authority, Basin Officials Committee and the new Ministerial Council, as appropriate.

This Bill makes essential amendments to South Australian legislation to ensure that the proposed new governance arrangements for the Murray-Darling Basin can take effect on 1 November 2008.

These new governance arrangements will provide significant benefits to South Australia and the management of the Murray-Darling Basin.

Delays in passing this legislation could prevent the commencement of the Authority's functions over River Murray operations on 1 November 2008.

Explanation of Clauses

Part 1—Preliminary

1—Short title

This clause is formal.

2—Commencement

This clause provides for the commencement of the measure.

3—Interpretation

This clause defines the terms used in the Bill. Words used in the Bill have the same meaning as in the new Agreement that is to now apply in relation to the Murray-Darling Basin.

Part 2—Provisions relating to Basin Officials Committee

4—Appointment of member of Basin Officials Committee

The Agreement will provide for the establishment of the Basin Officials Committee. Supporting legislation is required—

(a) to authorise the Minister to appoint a person as a member of the committee and a person to act as a member of the committee in the absence of the principal member; and

(b) to support various validating and machinery provisions relating to the members of the committee set out in the Agreement.

A person appointed to the committee under this provision will be a member of the Public Service.

5—Conditions and period of appointment

This clause provides for the conditions of appointment of a person under these provisions.

Part 3—Construction and management of works

6—Construction of works

This clause authorises the construction, maintenance, operation and control of works and other operations and activities associated with the Agreement.

7—Acquisition of land

This clause authorises the Minister to acquire land. The compulsory acquisition of land, if required, will be in accordance with the Land Acquisition Act 1969.

8—Construction and other powers of Minister

This clause vests specific powers in the Minister for the purposes of the Act and the Agreement.

9—Status of Minister

This clause authorises the Minister to act on behalf of the State as a Contracting Government under the Agreement. The Minister will also be appointed as a Constructing Authority under the Agreement.

10—Authorisation to pay compensation

This clause authorises the Minister to pay compensation.

11—Powers to dispose of certain lands

This clause authorises the Minister to sell or lease any land acquired under clause 7.

12—Land dedicated under the Crown Lands Act 1929

This clause provides that land dedicated under the Crown Lands Act 1929 for the purposes of the Agreement may be used and occupied for those purposes by or on behalf of a Contracting Government under the Agreement.

Part 4—Authorisations to enter and occupy land

13—Authorisation of persons to enter and occupy land

The Minister will be able to authorise a person to enter and occupy land for the purposes of this measure or the Agreement. An authorised person will be issued with a certificate of authority.

14—Entry and occupation of land

This clause provides for entry on to land as required under this scheme. However, a person will not be able to enter residential premises except with the consent of the occupier of those premises. It will be necessary to give notice before entering land. Subclause (4) places some restrictions on the exercise of these powers.

Part 5—Miscellaneous

15—Exemption from taxes and charges

No tax or fee will be imposed in respect of any works or property used or held by a Contracting Government or a Constructing Authority for the purposes of any works.

16—Appropriation

This clause provides that money to be provided by the State under the Agreement is to be provided out of money appropriated by the Parliament for the purpose.

17—Certain documents to be laid before Parliament

This clause will require the Minister to cause a copy of the annual report of the Authority, and any amendment of the Agreement, to be laid before each House of Parliament.

18—Power of delegation

The Minister will be able to delegate a function or power to a body or another person. A delegation will be able to be absolute or conditional, will not derogate from the ability of the Minister to act in any matter, and will be revocable at will.

19—Offence to damage works

It will be an offence to destroy or damage any works constructed or operated under the Act or the Agreement.

20—Regulations

The Governor will be able to make regulations for the purposes of the Act.

Schedule 1—Consequential amendments and transitional provisions

This clause sets out various consequential amendments to other Acts, provides for the repeal of the Murray-Darling Basin Act 1993, and enacts transitional provisions associated with references to the Murray-Darling Basin or to the Murray-Darling Basin Commission.

Debate adjourned on motion of Hon. J.M.A. Lensink.

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