RECOMMENDATIONS
Recommendation 1
4.17 The
committee recommends that the Australian Government publicly release the legal
advice on the Water Act 2007 provided by the Australian
Government Solicitor to the Murray-Darling Basin Authority on
26 November 2010 and 30 November 2010, and any other
relevant legal advice, as a matter of urgency.
Recommendation 2
4.18 The
committee recommends that the Australian Government appoint as a matter of
urgency an independent panel of legal experts to review all relevant legal
advice relating to the Water Act 2007 for the purpose of
recommending specific amendments to the Act to ensure:
- the Basin Plan has the security of
sound legal underpinnings and certainty for all involved and affected;
- the Basin Plan balances the
optimisation of environmental, social and economic considerations; and
- the Murray-Darling Basin Authority and
the Minister are granted the discretion to give appropriate weight to economic,
social and environmental considerations in order to balance these interests
against each other.
Recommendation 3
4.19 Subject
to Recommendation 2 and following the report of the independent panel of legal
experts, the committee recommends that the Australian Government amend the Water
Act 2007 as a matter of urgency.
Recommendation 4
4.20 The
committee recommends that the Australian Government take whatever measures are
necessary to strengthen the constitutional validity of the Water Act 2007.
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