Nick Xenophon (SA, Independent) Share this | Hansard source

I move amendment (5) on sheet 5649:

(5)    Schedule 2, page 295 (after line 7), after item 59, insert:

59A  At the end of Subdivision D of Division 1 of Part 2

Add:

40A Failure to comply with Basin Plan

        (1)    If a Basin State fails to comply with the Basin Plan, the Minister must assess:

             (a)    the impact of that failure to comply on the shares of other Basin States in the Basin water resources; and

             (b)    the quantitative effect of that failure to comply on the Basin water resources.

        (2)    If a Basin State fails to comply with the Basin Plan, the Minister must by determination reduce that Basin State’s share in the Basin water resources by 10 times the quantitative effect of that failure to comply as assessed under paragraph (1)(b).

        (3)    If a Basin State, after the Minister under subsection (2) reduces that Basin State’s share in the Basin water resources, continues to fail to comply with the Basin Plan, the Minister must apply for an injunction against the Basin State under section 140.

This relates to the failure to comply with the Basin Plan. The amendment deals with basin states that fail to comply with the plan by enabling the minister to reduce their share in the basin water resources by 10 times the quantitative effect of that failure to comply with an interim Basin Plan. It also provides that the minister is to have the power to apply for an injunction against the basin state consistent with section 140 of the Water Act. The amendment ensures that there will be severe consequences for states who fail to comply with the Basin Plan and, as a result, jeopardise the management and wellbeing of the river system.

I am sure some of my colleagues may see this as quite draconian but, in a sense, we have had a situation where the cap was breached in previous years. There did not appear to be any sanctions, and I think it is important that there are appropriate sanctions in the context of ensuring that the plan is adhered to.