Firstly, the proposed change clarifies that section 12.18(2)(c) is an allowable restriction on trade within and between regulated systems. This has no change in effect but reduces confusion as to when this section can be applied. Secondly, in order to enable trade as far as practicable within unregulated systems, the Authority proposes to further define hydrologic connections and water supply considerations. The nature of unregulated systems can mean that while two locations are physically connected, water may not always flow between those two points. The proposed amendment expressly states that the occasional or regular absence of flow between two locations within an unregulated system may be a reason to restrict trade. Maintaining information reporting requirements Section 12.47 of the Basin Plan cross references criteria in the Water Charge (Infrastructure) Rules 2010 (Cth). The Basin Plan amendment seeks to maintain the current effect of section 12.47(5) which requires irrigation infrastructure operators that meet the criteria in the Water Charge (Infrastructure) Rules 2010 to provide their trading rules to a central point. The amendment would remove this cross reference and include the criteria explicitly in the Basin Plan. The proposed amendment does not change how section 12.47 of the Basin Plan operates. This amendment is independent of any future decision to amend the Water Charge (Infrastructure) Rules 2010. Social and economic analysis and scientific knowledge The Authority has had regard to the objectives in Schedule 3 of the Water Act and the formal advice of the Australian Competition and Consumer Commission in preparing these proposed amendments. The changes are not based on social and economic analysis or scientific knowledge, as they relate to clarifying the administrative operation of the Basin Plan water trading rules. Consequential amendments following the Water Act review The Authority is proposing amendments to the Basin Plan as a result of the Independent Review of the Water Act. The Australian Government response to the review recommended changes to both the Water Act and the Basin Plan. The proposed amendments update some reporting requirements in the Basin Plan, re-phase the timing of reviews and fix a minor cross-reference to the Water Act. Reporting requirements Annual reporting The Water Act previously required the Authority to report on the effectiveness of the Basin Plan each year in its corporate annual report. Following the 2016 amendments to the Water Act, the Authority must now make this a separate report to the Minister by the end of December each
Firstly, the proposed change clarifies that section 12.18(2)(c) is an allowable restriction on trade within and between regulated systems. This has no change in effect but reduces confusion as to when this section can be applied. Secondly, in order to enable trade as far as practicable within unregulated systems, the Authority proposes to further define hydrologic connections and water supply considerations. The nature of unregulated systems can mean that while two locations are physically connected, water may not always flow between those two points. The proposed amendment expressly states that the occasional or regular absence of flow between two locations within an unregulated system may be a reason to restrict trade. Maintaining information reporting requirements Section 12.47 of the Basin Plan cross references criteria in the Water Charge (Infrastructure) Rules 2010 (Cth). The Basin Plan amendment seeks to maintain the current effect of section 12.47(5) which requires irrigation infrastructure operators that meet the criteria in the Water Charge (Infrastructure) Rules 2010 to provide their trading rules to a central point. The amendment would remove this cross reference and include the criteria explicitly in the Basin Plan. The proposed amendment does not change how section 12.47 of the Basin Plan operates. This amendment is independent of any future decision to amend the Water Charge (Infrastructure) Rules 2010. Social and economic analysis and scientific knowledge The Authority has had regard to the objectives in Schedule 3 of the Water Act and the formal advice of the Australian Competition and Consumer Commission in preparing these proposed amendments. The changes are not based on social and economic analysis or scientific knowledge, as they relate to clarifying the administrative operation of the Basin Plan water trading rules. Consequential amendments following the Water Act review The Authority is proposing amendments to the Basin Plan as a result of the Independent Review of the Water Act. The Australian Government response to the review recommended changes to both the Water Act and the Basin Plan. The proposed amendments update some reporting requirements in the Basin Plan, re-phase the timing of reviews and fix a minor cross-reference to the Water Act. Reporting requirements Annual reporting The Water Act previously required the Authority to report on the effectiveness of the Basin Plan each year in its corporate annual report. Following the 2016 amendments to the Water Act, the Authority must now make this a separate report to the Minister by the end of December each
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