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Water Amendment (Water for the Environment Special Account) Bill 2012
Introduced into the House of
Representatives on 31 October 2012
Portfolio: Sustainability, Environment, Water, Population and Communities
1.2
Further to the Water Amendment (Long-term Average Sustainable Diversion
Limit Adjustment) Bill 2012, this bill amends the Water Act 2007 to
establish the Water for the Environment Special Account for a 10-year period
from the 2014-15 financial year to acquire additional environmental water
entitlement and to remove constraints on the efficient use of environmental
water for the Murray-Darling Basin Plan.
1.3
The statement of compatibility notes that the Bill engages the right to
an adequate standard of living and the right to health guaranteed by articles
11 and 12 of the ICESCR. It draws on General Comment No 15 on the right to
water adopted by the UN Committee on Economic, Social and Cultural Rights in
2002 which stated that ‘[t]he human right to water entitles everyone to
sufficient, safe, acceptable, physically accessible and affordable water for
personal and domestic uses.’ (para 2). The UN Committee also noted the
importance of ensuring sustainable access to water resources for agriculture in
order to realise the right to adequate food (para 7) and that access to water
is relevant to other rights such as the right to gain a living by work.
1.4
This bill is supplementary to the Water Amendment (Long-term Average
Sustainable Diversion Limit Adjustment) Bill 2012, which the committee
considered in its Fifth Report of 2012 did not appear to raise any human rights
concerns.[1]
The two bills were referred to the Senate Committee on Environment and
Communications Legislation in October 2012. The report of the Senate Committee,
issued on 19 November 2012, made no explicit reference to any human rights
issues, but recommended passage of the bills.[2]
The bills are also currently under consideration by the House Standing
Committee on Regional Australia.
1.5
The committee considers that this bill does not appear to raise any
additional human rights concerns.
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