Anne Ruston (SA, Liberal Party, Minister for Families and Social Services) Share this | Link to this | Hansard source

by leave—I move amendments (1) and (2) on sheet QL183 together:

(1) Schedule 1, item 78, page 61 (line 15), after "person", insert "that is an agency of the Commonwealth or an agency of a State".

(2) Schedule 1, item 78, page 62 (lines 1 to 6), omit subsection 222D(3).

Rex Patrick (SA, Independent) Share this | Link to this | Hansard source

I have one question in relation to these amendments, which, I understand, provide a power to compel documents from the states. I just want to get an assurance from the minister that there is no intention that these powers would ever be used to pursue a whistleblower.

Anne Ruston (SA, Liberal Party, Minister for Families and Social Services) Share this | Link to this | Hansard source

There is no intention for these powers to be used for that purpose. The sole and express purpose of these compelling powers is to ensure that states and territories provide information to the Commonwealth in relation to the implementation and delivery of their requirements under the Murray-Darling Basin Plan.

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

I would just like to indicate that I think these are good amendments, given that clarification. The last thing we want is whistleblowers and those who are working tirelessly for transparency and the improved management of the Murray-Darling Basin to be intimidated or working in fear. I think it is absolutely important for states and territories to hand over this information, but it should be limited to that. So I thank the government for putting forward these amendments.

Rex Patrick (SA, Independent) Share this | Link to this | Hansard source

Just for the ease of the chamber, division-wise, on a similar basis to Senator Hanson-Young, I will support these amendments.

Question agreed to.

Matthew Canavan (Queensland, Liberal National Party) Share this | Link to this | Hansard source

by leave—I move amendments (1) to (3) on sheet 1297 together:

(1) Schedule 1, page 4 (after line 9), after item 1, insert:

1A Subsection 19(5)

Omit "at least every 10 years (or sooner if the Minister or all the Basin States request)", substitute "during 2026 and at such other times as agreed by the Murray Darling Basin Ministerial Council".

1B Subsections 50(1) to (4)

Repeal the subsections, substitute:

(1) The Authority must:

(a) review the Basin Plan during 2026, unless the Murray Darling Basin Ministerial Council agrees otherwise; and

(b) review the Basin Plan at such other times as agreed by the Murray Darling Basin Ministerial Council.

1C Paragraph 50(5)(a)

Omit "or (2)".

1D Subsection 50(6)

Omit "subsection (1)", substitute "paragraph (1)(a)".

1E Section 52

Before "If", insert "(1)".

1F Section 52

After "section 45", insert "but subject to subsection (2) of this section".

1G At the end of section 52

Add:

(2) However:

(a) the Authority must not prepare an amendment of the Basin Plan as mentioned in this section unless the Murray Darling Basin Ministerial Council agrees; and

(b) an amendment of the Basin Plan prepared as mentioned in this section must not provide for a reduction in the long term average sustainable diversion limit.

(2) Schedule 1, Part 1, page 15 (after line 29), at the end of the Part, add:

2A Division 5 of Part 2 (heading)

Omit "1,500 gigalitre", substitute "1,229 gigalitre".

2B Section 85B

Omit "1,500 gigalitre", substitute "1,229 gigalitre".

2C Section 85C (heading)

Omit "1,500 gigalitre", substitute "1,229 gigalitre".

2D Subsection 85C(1)

Omit "1,500 gigalitres", substitute "1,229 gigalitres".

2E Subsection 85C(2)

Repeal the subsection.

(3) Schedule 1, Part 1, page 15, at the end of the Part (after proposed item 2E), add:

2F Subsection 86AA(1)

Omit "(1)".

2G Subsections 86AA(2) and (3)

Repeal the subsections.

2H At the end of paragraph 86AD(2)(a)

Add:

(vii) investing in complementary measures to enhance environmental outcomes in relation to the Murray Darling Basin;

2J Paragraph 86AD(2)(b)

Repeal the paragraph.

2K Subparagraph 86AD(2)(c)(ii)

Omit "associated with a project or purchase referred to in paragraph (a) or (b) or subparagraph (c)(i)", substitute "associated with a project referred to in paragraph (a) or subparagraph (c)(i), or any previous purchase of water access rights paid for with amounts debited from the Water for the Environment Special Account,".

2L Subsection 86AD(2) (notes 1 and 2)

Repeal the notes.

2M Subsection 86AD(4)

Repeal the subsection.

2N Paragraph 86AI(2)(b)

Repeal the paragraph, substitute:

(b) achievements against those objectives and priorities;

2P Subsection 86AJ(1)

Omit all the words after "is sufficient to", substitute "achieve the object of this Part by 30 June 2024".

2Q Paragraph 86AJ(3)(b)

Repeal the paragraph.

Jenny McAllister (NSW, Australian Labor Party, Shadow Cabinet Secretary) Share this | Link to this | Hansard source

I want to place on record how ridiculous this is. This is what it looks like under the leadership of the new Deputy Prime Minister. We've got the National Party in here moving amendments to gut the Murray-Darling Basin Plan, against the will of their coalition partners. The amendments before us this evening do things like take all of the science out of the part of the act that governs a $1.7 billion fund. How disgraceful. It essentially creates the circumstance where that fund can be used for any purchase in rural Australia. This is exactly the kind of pork-barrelling that we have seen again and again from these people. We are in a position now where we have to gag these people, because they are wasting the Senate's time, bringing on amendments that are immensely complex to an immensely complex agreement with no notice. It is disgraceful and we will not be supporting the National Party amendments.

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

Well, the Greens won't be supporting this amendment either. This is a full-blown attack on the Murray-Darling Basin, on South Australia and on anyone in this country who cares about the survival of our nation's greatest river. This is an attack from the water terrorists of the coalition, who sit right here and want to blow everything up. Under the leadership of Barnaby Joyce—Mr Joyce—as Deputy Prime Minister, this is what this government looks like. It's being hamstrung and blackmailed by the terrorists in the National Party. We will not be supporting this.

Rex Patrick (SA, Independent) Share this | Link to this | Hansard source

I've got a couple of quick questions. Clearly I'm not going to support this full frontal attack on the Basin Plan, but I just want to confirm with the minister, Senator Ruston, that the position that's been adopted by the Nationals in the chamber today—the amendments that are being moved—are not supported by Minister Pitt, noting that he's a cabinet member.

Anne Ruston (SA, Liberal Party, Minister for Families and Social Services) Share this | Link to this | Hansard source

The position of the government remains the same in relation to the Murray-Darling Basin Plan. As I said, in many contributions I've made in this place over time, this was an extraordinarily ambitious plan. I think everybody in this chamber can be extremely proud of the fact that everybody voted to make sure we had a sustainable river system going into the future that not just supported the environment but also supported the river communities that rely on that environment—supported our food and fibre producers but made sure that it was going to be sustainable for everybody into the future.

It was an extraordinarily ambitious plan. It still is an extraordinarily ambitious plan. We have already committed much and have achieved much in the delivery of this plan, but we still have some way to go. We still have a period of time. This plan is not due to be completed until 2024. The position of the government and the position of the minister remains that we will work tirelessly between now and 2024 so we can achieve the delivery of the Murray-Darling Basin Plan. We will not give up. We will not stop trying, because we are committed to the delivery of the plan.

Rex Patrick (SA, Independent) Share this | Link to this | Hansard source

Noting that it's the position of the government to fully support the Basin Plan, to fully support the 450 in section 86AA of the Water Act: if the Deputy Prime Minister, Mr Joyce, was to make a statement to the contrary—noting the principles of cabinet solidarity and cabinet responsibility in relation to a member of the cabinet disagreeing with the cabinet's decisions—will the Prime Minister remove him from the cabinet?

Anne Ruston (SA, Liberal Party, Minister for Families and Social Services) Share this | Link to this | Hansard source

Obviously the protocols and conventions that run the government remain in place, and I don't think anybody's deviating from those.

Kimberley Kitching (Victoria, Australian Labor Party, Deputy Manager of Opposition Business in the Senate) Share this | Link to this | Hansard source

The question is that amendments (1) to (3) on sheet 1297 be agreed to.

Rex Patrick (SA, Independent) Share this | Link to this | Hansard source

Noting the amendment moved by the government, I indicate that I don't intend to move my amendments on sheet 1336.

Bridget McKenzie (Victoria, National Party) Share this | Link to this | Hansard source

by leave—I move the Nationals amendments on sheet 1300 together:

(1) Schedule 2, page 105 (before line 5), before item 1, insert:

1A Subsection 1.05(1) (table item dealing with Schedule 5)

Repeal the item.

(2) Schedule 2, page 105 (after line 30), after item 6, insert:

6A Chapter 7 (note to Chapter heading, paragraph beginning "Under Part 2")

Omit "that will come into operation by 30 June 2024".

6B Chapter 7 (note to Chapter heading, paragraph beginning "An 'efficiency measure' is")

Omit "makes savings in the amount of water required for consumptive purposes. Examples include investment in more efficient irrigation infrastructure", substitute "operates to improve environmental outcomes in relation to the Murray Darling Basin (to give effect to Part 2AA of the Act)".

6C Section 7.02 (definition of additional efficiency measure )

Omit "a measure", substitute "an efficiency measure".

6D Section 7.02

Insert:

additional supply measure means a supply measure that has been notified under subsection 7.12(2A).

6E Section 7.02 (definition of affected unit )

After "notified measure", insert ", additional supply measure".

6F Section 7.04

Repeal the section, substitute:

7.04 Meaning of efficiency measure

An efficiency measure is a measure that operates to improve environmental outcomes in relation to the Murray Darling Basin, to give effect to the object of Part 2AA of the Act (see section 86AA of the Act) and the purposes of the Water for the Environment Special Account in section 86AD of the Act.

6G Paragraph 7.09(d)

Omit "variability; and", substitute "variability."

6H Paragraph 7.09(e)

Repeal the paragraph.

6J Section 7.09 (notes 1 and 2)

Repeal the notes.

6K Subsection 7.11(1)

Before "additional efficiency measures", insert "additional supply measures and".

6L Paragraph 7.11(1)(a)

Before "additional efficiency measures", insert "additional supply measures and".

6M Subsection 7.11(1) (note 2)

Before "additional efficiency measure", insert "additional supply measure or".

6N After subsection 7.12(2)

Insert:

Notification of additional supply measures

(2A) The person (the Basin State or Commonwealth) funding or undertaking a supply measure may, after the day this subsection commences but on or before 31 December 2023, notify the Authority of 1 or more supply measures that, in the view of the person, should be taken into account in proposing adjustments under section 7.11.

6P Paragraph 7.12(3)(a)

Repeal the paragraph.

6Q Subsection 7.12(6)

Repeal the subsection.

6R Subsection 7.12(7)

Omit "Subsections (5) and (6) do", substitute "Subsection (5) does".

6S Section 7.13

Repeal the section, substitute:

7.13 Register of measures

(1) The Authority must maintain a register of notified measures, additional supply measures and additional efficiency measures.

(2) The Authority must publish the register on its website.

6T Section 7.14

After "notified measures", insert ", additional supply measures".

6U Subsection 7.15(1)

Omit "the notified measures is the total increase in the SDLs for all the units affected by notified supply measures", substitute "the notified measures and additional supply measures is the total increase in the SDLs for all the units affected by notified supply measures and additional supply measures".

6V Subparagraph 7.15(1)(b)(i)

After "notified supply measures", insert "and additional supply measures".

6W Subsection 7.15(2) (paragraph (b) of the definition of applicable method )

Omit "Basin Officials Committee", substitute "Murray Darling Basin Ministerial Council".

6X Subsection 7.16(2)

Omit all the words after "for each affected unit is", substitute "the amount calculated in accordance with the method determined by the Minister for the purposes of this subsection".

6Y After subsection 7.16(2)

Insert:

(2A) The Minister may, on the advice of the Authority and the Murray Darling Basin Ministerial Council, determine by legislative instrument a method for the purposes of subsection (2).

6Z Paragraph 7.17(2)(b)

Repeal the paragraph (including the heading), substitute:

Neutral or improved socio economic outcomes and improved environmental outcomes

(b) The efficiency contributions to the proposed adjustments achieve neutral or improved socio economic outcomes and improved environmental outcomes compared with the outcomes under benchmark conditions of development as evidenced by the socio economic criteria agreed to by the Murray Darling Basin Ministerial Council at the meeting of the Council in December 2018.

Note: The socio economic criteria could in 2021 be viewed on the Authority's website (http://www.mdba.gov.au) in the communique of the Murray Darling Basin Ministerial Council meeting published on 14 December 2018.

(3) Schedule 2, page 107 (after line 4), at the end of the Schedule, add:

21 Schedule 5

Repeal the Schedule.

22 Transitional rules

(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.

(2) To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c) impose a tax;

(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act or an Act amended by this Act;

(e) directly amend the text of this Act or an Act amended by this Act.

Rex Patrick (SA, Independent) Share this | Link to this | Hansard source

I just wonder whether Senator McKenzie will confirm, noting her position, that—

Senator Davey interjecting—

The TEMPORARY CHAIR: Senator Davey, could you return to your seat. I don't believe I was able to understand the gist of the statement, because it wasn't finished. I might come to you in a moment.

I would like to understand, in relation to the amendments moved by Senator McKenzie, and noting that the amendments moved by the National Party tonight are inconsistent with the views of the cabinet: is this an indication that Senator McKenzie will not be taking any cabinet position in the Morrison-Joyce government?

The TEMPORARY CHAIR: Senator Patrick, as much as I am interested in the question you're asking, I don't believe it is actually a point of order.

The TEMPORARY CHAIR (19:31): The time allotted for debate on the Water Legislation Amendment (Inspector-General of Water Compliance and Other Measures) Bill 2021 has expired. In accordance with the resolution agreed to this evening, I will now put the questions on the remaining stages of the Water Legislation Amendment (Inspector-General of Water Compliance and Other Measures) Bill 2021.

Anne Ruston (SA, Liberal Party, Minister for Families and Social Services) Share this | Link to this | Hansard source

I table a supplementary explanatory memorandum relating to the government amendments moved to this bill.

The TEMPORARY CHAIR: I'll now deal with the amendments circulated by Pauline Hanson's One Nation. The question is that amendments (1) and (2) on sheet 1200 revised be agreed to.

One Nation's circulated amendments—

(1) Clause 2, page 2 (table), omit the table, substitute:

(2) Page 109 (after line 17), at the end of the Bill, add:

Schedule 4—Water register

Water Act 2007

1 Subclause 4(3) of Schedule 3

Repeal the subclause, substitute:

(3) All trades must be recorded on a water register as soon as practicable but no later than 30 days after the trade occurs.

(3A) For the purposes of subclause (3), a water register must:

(a) include water trades from all Basin States; and

(b) be published on a publicly available website; and

(c) record information on a whole of catchment basis; and

(d) record the following information in relation to each trade:

  (i) the date of the trade;

  (ii) the amount paid, if any, in relation to the trade;

  (iii) nature of the tradeable water right that was the subject of the trade;

  (iv) the originating river valley and destination river valley of water that was the subject of the trade;

  (v) the amount of water that was the subject of the trade, rounded to the nearest megalitre; and

(e) otherwise—be consistent with the National Water Initiative.

(3B) For the purposes of subparagraph (3A) (d) (iv), river valley has the same meaning as set out in Appendix 2 of Schedule E to the Agreement.

2 Application provision

Implementation

(1) This item applies in relation to the water register as referred to in clause 4 of Schedule 3 to the Water Act 2007 as amended by item 1 of this Schedule.

(2) The Minister and the Authority must, immediately after the commencement of this Schedule, commence the implementation of the water register.

Progress report

(3) The Minister and the Authority must prepare jointly a report on the implementation of the water register.

(4) The Authority must, no later than 30 September 2021, publish a copy of the report on the website of the Authority.

(5) The Minister must table in each House of Parliament, on the next sitting day of that House after 30 September 2021, a copy of the report.

The CHAIR: The question is that the amendments on sheet 1200 revised, circulated and moved by Senator Hanson, be agreed to.

The CHAIR: Can I confirm with you, Senator Patrick, that it's your intention not to proceed with your amendments?

Rex Patrick (SA, Independent) Share this | Link to this | Hansard source

That's correct.

The CHAIR: Pursuant to order, I shall report the bill. The question now is that the remaining stages of the bill be agreed to and the bill be now passed.

Question agreed to.

Bill read a third time.