Dissenting Report by Independent Senator Nick Xenophon and Senator Sarah Hanson-Young (Australian Greens)

1.1       The bold assertion by the majority report that the Water (Crisis Powers and Floodwater Diversion) Bill would not be Constitutional fails to consider the scope of Commonwealth powers relating to water.

1.2       The High Court decision in the Franklin dam case in 1983 indicates how broad those powers can be, as does the decision in WorkChoices in 2006, and further strengthens the case for this Bill to be passed.

1.3       This legislation is about augmenting and strengthening current water reform. It would ensure actions in terms of flood events and override states that have shown to be dragging their feet when it comes to fundamental water reform.

1.4       It has repeatedly been the case that, despite the existence of intergovernmental agreements, individual states make water management decisions in the interests of themselves, not necessarily in the interests of the Murray-Darling Basin as a whole.

1.5       The Murray-Darling Basin Authority acknowledges, on page 113 of its Guide to the proposed Basin Plan, the importance of having a healthy mouth of the river, and says that it is essential to the environmental health of the Basin overall.

1.6       Specifically, the MDBA states in its Guide:

"Without salt export land will salinise and water quality will deteriorate with negative effects on both the environment and consumptive use for all irrigation and human water needs throughout the Basin."

1.7       Therefore, this Bill should not be seen in the context of a bias towards any one part of the river system, but an understanding that you need to have a healthy river system overall for all communities to benefit from the Murray-Darling river system.

Recommendation 1

That the Bill be passed.

Recommendation 2

That there be an immediate full Federal takeover of the Murray-Darling Basin to ensure that there is a uniform and consistent approach to water licences in the Basin.

Nick Xenophon                                                           Senator Sarah Hanson-Young
Independent Senator for South Australia                 Australian Greens

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