Footnotes

Chapter 1

[1]        Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, p. 3.

[2]        Selection of Bills Committee, Report No. 1 of 2016, 4 February 2016, Appendix 5.

Chapter 2 - Background

[1]        Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, p. 3.

[2]        Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, p. 3.

[3]        Water Amendment (Review Implementation and Other Measures) Bill 2015, Bills Digest No. 79, 2015-16, Parliamentary Library, 5 February 2016, p. 5 and The Hon. Barnaby Joyce, MP, Minister for Agriculture and Water Resources, Second Reading Speech, Water Amendment (Review Implementation and Other Measures) Bill 2015, House of Representatives Hansard, 3 December 2015, p. 14620.

[4]        Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, p. 3.

[5]        Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, p. 3.

[6]        The following section is based on information contained in Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, pp 7-10 and the Water Amendment (Review Implementation and Other Measures) Bill 2015 Bills Digest No. 79, 2015-16, Parliamentary Library, 5 February 2016, pp 8-11.

[7]        The following section is based on information contained in Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, pp 10-14 and the Water Amendment (Review Implementation and Other Measures) Bill 2015 Bills Digest No. 79, 2015-16, Parliamentary Library, 5 February 2016, pp 11-14.

[8]        Water Act 2007, Part 2, Division 1, Subdivision G, Section 50, p. 85.

[9]        Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, pp 10 and 11.

[10]      Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, p. 11.

[11]      Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, p. 11.

[12]      Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, p. 12.

[13]      Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, pp 12-13 and the Water Amendment (Review Implementation and Other Measures) Bill 2015 Bills Digest No. 79, 2015-16, Parliamentary Library, 5 February 2016, pp 13-14.

[14]      Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, p. 13.

[15]      Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, p. 12.

[16]      An amendment to the Basin Plan that affects water resource plan accreditation is any amendment made as a result of a Section 50 review of the Basin Plan (as defined in new subsection 48(8)).

[17]      Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, p. 12.

[18]      Water Amendment (Review Implementation and Other Measures) Bill 2015 Bills Digest No. 79, 2015-16, Parliamentary Library, 5 February 2016, p. 14.

[19]      Water Amendment (Review Implementation and Other Measures) Bill 2015 Bills Digest No. 79, 2015-16, Parliamentary Library, 5 February 2016, pp 14-15.

[20]      Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, p. 14 and the Water Amendment (Review Implementation and Other Measures) Bill 2015 Bills Digest No. 79, 2015-16, Parliamentary Library, 5 February 2016, p.15.

[21]      Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, p. 12.

[22]      Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, p. 15.

[23]      Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, p. 14.

[24]      Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, pp 14 and 15.

[25]      Commonwealth environmental water holdings is water (in the form of water rights) recovered by the Commonwealth to protect and restore environmental assets such as rivers, wetlands and floodplains.

[26]      Water Amendment (Review Implementation and Other Measures) Bill 2015, Bills Digest No. 79, 2015-16, Parliamentary Library, 5 February 2016, p. 16.

[27]      Water Amendment (Review Implementation and Other Measures) Bill 2015, Bills Digest No. 79, 2015-16, Parliamentary Library, 5 February 2016, p. 17.

[28]      Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, p. 15.

[29]      The following section is based on information contained in Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, pp 15-19 and the Water Amendment (Review Implementation and Other Measures) Bill 2015 Bills Digest No. 79, 2015-16, Parliamentary Library, 5 February 2016, pp 17-19.

[30]      Note: under the Water Act 2007, a 'water access entitlement' is a perpetual or ongoing entitlement, by or under a law of a State, to exclusive access to a share of the water resources of a water resource plan area. The term 'water allocation' relates to the specific volume of water allocated to water access entitlements in a given water accounting period.

[31]      To 'take' water for a water resource means to remove water from, or to reduce the flow of water in or into, the water resource including by any of the following means:

(a)    pumping or siphoning water from the water resource;

(b)   stopping, impeding or diverting the flow of water in or into the water resource;

(c)    releasing water from the water resource if the water resource is a wetland or lake;

(d)   permitting water to flow from the water resource if the water resource is a well or watercourse.

It also includes storing water as part of, or in a way that is ancillary to, any of the processes or activities referred to in paragraphs (a) to (d).

[32]      The following section is based on information contained in Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, pp 19 and 20 and the Water Amendment (Review Implementation and Other Measures) Bill 2015 Bills Digest No. 79, 2015-16, Parliamentary Library, 5 February 2016, pp 19 and 21.

[33]      The following section is based on information contained in Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, pp 20 and 21 and the Water Amendment (Review Implementation and Other Measures) Bill 2015 Bills Digest No. 79, 2015-16, Parliamentary Library, 5 February 2016, pp 21 and 22.

[34]      The following section is based on information contained in Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, p. 22 and the Water Amendment (Review Implementation and Other Measures) Bill 2015 Bills Digest No. 79, 2015-16, Parliamentary Library, 5 February 2016, pp 22-24.

Chapter 3 - Issues

[1]        Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, p. 3.

[2]        Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, p. 3.

[3]        Water Act 2007 and Water Amendment (Review Implementation and Other Measures) Bill 2015, Bills Digest No. 79, 2015-16, Parliamentary Library, 5 February 2016, p. 7.

[4]        Report of the Independent Review of the Water Act 2007, Commonwealth of Australia, November 2014, p. 30.

[5]        The Hon. Barnaby Joyce, MP, Minister for Agriculture and Water Resources, Second Reading Speech, Water Amendment (Review Implementation and Other Measures) Bill 2015, House of Representatives Hansard, 3 December 2015, p. 14623.

[6]        The Australian Network of Environmental Defenders Offices, Submission 6, p. 4.

[7]        The Australian Network of Environmental Defenders Offices, Submission 6, pp 4 and 5.

[8]        The Australian Network of Environmental Defenders Offices, Submission 6, p. 5.

[9]        The annual diversion limit refers to the maximum quantity of water that can be taken for consumptive purposes.

[10]      Water Act 2007 and Water Amendment (Review Implementation and Other Measures) Bill 2015, Bills Digest No. 79, 2015-16, Parliamentary Library, 5 February 2016, p. 11.

[11]      Water Act 2007 and Water Amendment (Review Implementation and Other Measures) Bill 2015, Bills Digest No. 79, 2015-16, Parliamentary Library, 5 February 2016, p. 11.

[12]      The Australian Network of Environmental Defenders Offices, Submission 6, p. 5.

[13]      The Australian Network of Environmental Defenders Offices, Submission 6, p. 7.

[14]      The Australian Network of Environmental Defenders Offices, Submission 6, p. 7.

[15]      The Australian Network of Environmental Defenders Offices, Submission 6, p. 7.

[16]      The Australian Network of Environmental Defenders Offices, Submission 6, p. 7.

[17]      Report of the Independent Review of the Water Act 2007, Commonwealth of Australia, November 2014, pp. 5-6.

[18]      The Australian Network of Environmental Defenders Offices, Submission 6, p. 7.

[19]      The Australian Network of Environmental Defenders Offices, Submission 6, p. 8.

[20]      New South Wales Aboriginal Land Council, Submission 10, p. 1.

[21]      New South Wales Aboriginal Land Council, Submission 10, p. 2.

[22]      New South Wales Aboriginal Land Council, Submission 10, p. 1.

[23]      New South Wales Aboriginal Land Council, Submission 10, p. 3.

[24]      Murray Lower Darling Rivers Indigenous Nations, Submission 12, [p. 2].

[25]      Murray Lower Darling Rivers Indigenous Nations, Submission 12, [p. 2].

[26]      Water Act 2007 and Water Amendment (Review Implementation and Other Measures) Bill 2015, Bills Digest No. 79, 2015-16, Parliamentary Library, 5 February 2016, p. 16.

[27]      Report of the Independent Review of the Water Act 2007, Commonwealth of Australia, November 2014, p. 75.

[28]      Wentworth Group of Concerned Scientists, Submission 5, [p. 1].

[29]      Wentworth Group of Concerned Scientists, Submission 5, [p. 1].

[30]      Wentworth Group of Concerned Scientists, Submission 5, [p. 2].

[31]      WWF-Australia, Submission 1, p. 1.

[32]      WWF-Australia, Submission 1, p. 1

[33]      Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, p. 16 and the Water Amendment (Review Implementation and Other Measures) Bill 2015 Bills Digest No. 79, 2015-16, Parliamentary Library, 5 February 2016, p. 17.

[34]      The Hon. Barnaby Joyce, MP, Minister for Agriculture and Water Resources, Second Reading Speech, Water Amendment (Review Implementation and Other Measures) Bill 2015, House of Representatives Hansard, 3 December 2015, p. 14621.

[35]      The Australian Network of Environmental Defenders Offices, Submission 6, p. 3.

[36]      The Australian Network of Environmental Defenders Offices, Submission 6, p. 3.

[37]      Commonwealth Environmental Water Holder, Submission 3, p. 4.

[38]      Commonwealth Environmental Water Holder, Submission 3, p. 4.

[39]      WWF-Australia, Submission 1, pp 1 and 2.

[40]      Australian Conservation Foundation and Environment Victoria, Submission 8, [p. 1]

[41]      Australian Conservation Foundation and Environment Victoria, Submission 8, [p. 1]

[42]      Murray Irrigation, Submission 9, p. 4.

[43]      Murray Irrigation, Submission 9, p. 2.

[44]      The Ricegrowers' Association of Australia, Submission 4, p. 3.

[45]      The Ricegrowers' Association of Australia, Submission 4, p. 3.

[46]      Australian Dairy Industry Council (ADIC), Submission 7, [p. 1].

[47]      Australian Dairy Industry Council (ADIC), Submission 7, [p. 1].

[48]      Cotton Australia Limited, Submission 2, [p. 2].

[49]      Cotton Australia Limited, Submission 2, [p. 1].

[50]      Cotton Australia Limited, Submission 2, [p. 3].

[51]      Explanatory Memorandum, Water Amendment (Review Implementation and Other Measures) Bill 2015, p. 18.

[52]      Commonwealth Environmental Water Holder, Submission 3, p. 4.

[53]      The Ricegrowers' Association of Australia, Submission 4, p. 3.