Appendix 1
Chapter 8 – Recommendations of the COAG Review of the National Water
Commission
8.1 Continuing role of the NWC
1. The NWC should carry out key tasks for the lifetime of
the NWI aimed at assisting and pursuing the objectives of the NWI and addressing
issues that impinge on the successful implementation of the NWI.
2. The NWC should continue without a sunset provision until
the NWI is substantially replaced. There should be a comprehensive external
review of its roles and functions every five years while its legislation
continues to be in force.
3. The purview of the NWC should encompass all reforms
associated with implementation of the NWI, including the MDB (Murray-Darling
Basin) reforms, and all jurisdictions.
8.2 Continuing and commencing
functions
4. Monitoring of reform activity by government and
non-government entities is a necessary ongoing function to maintain a central
repository of information on reform activity and to inform all participants of
developments.
5. Water market reports should continue to be produced at a
timing and frequency that fit developments in market arrangements and which
ensure integrity of relevant data series.
6. Monitoring of the performance of rural and urban water
providers should continue for the duration of the NWI.
7. Audit of the actions and achievements of all
jurisdictions in implementing the NWI against agreed commitments is essential
to accountability and should continue.
8. Audit of the Basin Plan and associated plans should be
carried out in such a way as to minimise reporting requirements.
9. In general, audit indicators should be developed in
consultation with jurisdictions to minimise reporting requirements and be based
on outputs from reform actions rather than process.
10. Audits of Basin State reform actions agreed under the
WMPAs (Water Management Partnership Agreements), and associated Commonwealth
commitments to reform action are an appropriate activity for the NWC.
11. Ongoing assessments of progress in implementing the NWI
are important. They should be produced no less frequently than every three
years. The assessments should be comprehensive but effort concentrated on
issues that carry the most significance in achieving the NWI’s key goals. The
NWC may, at its discretion, and in consultation with affected parties, choose
to assess particular aspects at critical times outside the triennial schedule.
12. Assessment of the impacts of inter-jurisdictional water
trading in the southern MDB should not be specifically required, but may be
carried out by the NWC if, at the time such an assessment is required, the PC
is unable to do so in a timely manner.
13. COAG should have access to a body which provides advice
and makes recommendations through publicly available reports, specifically in
relation to the ongoing implementation of the NWI. The NWC is best placed to
perform this function.
14. The function of ’knowledge leadership’ should continue
to focus on issues impacting on water reform. This should involve the selective
commissioning of research and studies, coordination of pertinent information
and research, public education through stakeholder forums, and public
reporting.
- This function should encompass reform implementation nationally,
including in the MDB.
- Priorities in project selection should be made after consultation
with jurisdictions and non-government stakeholders.
15. Development of tools and methods to assist jurisdictions
or non-government operators to overcome impediments is best funded and
conducted by the jurisdictions themselves.
16. An important function for the NWC is to coordinate and
to report on the dissemination of knowledge and innovative practices for
jurisdictions to emulate where appropriate. The NWC should also take
opportunities to broker coordinated development of innovative practices between
jurisdictions and industry stakeholders.
17. The NWC should perform the function provided under the
Carbon Credits (Carbon Farming Initiative) Regulations 2011.
18 The NWC should perform the functions recommended in the
Australia’s urban water sector report if the functions are considered of
sufficient priority and importance in the NWC’s work program.
19. Depending on the Commonwealth’s response to the Windsor
report, the NWC should perform only those functions that fit within the general
functions recommended in this Review and not expand its roles into new skill
areas.
8.3 Governance and engagement
20. The NWC should maintain close engagement with
jurisdictions and other operators in preparing their assessments with the aim,
inter alia, of avoiding excessive reporting burden.
21. NWC should have regular discussions with jurisdictions
through Water TOG (National Water Reform Thematic Oversight Group) meetings.
It should table a forward work plan for discussion on an annual basis. The
work plan needs to canvass the likely forward schedule of reporting activities
that will impact on jurisdictions and how the NWC’s assessments and reports
will avoid duplication and, where possible, rationalise data and reporting requests.
While the NWC is to take cognisance of the views expressed, its work plan is
for itself to determine.
22. Engagement between NWC and Water TOG should be two-way
in nature, enabling NWC’s reports and inputs to be discussed with NWC at Water
TOG meetings and for Water TOG to express its views about the NWC’s activities
and work program.
23. NWC should use its meetings with Water TOG to bring the
views of users, industry, researchers and other external stakeholders to the
attention of jurisdictions.
24. NWC should utilise its engagement with Water TOG and its
stakeholder reference group, at least annually, to receive the views of
jurisdictions and stakeholders on the NWC’s performance against criteria of
quality, relevance and timeliness of its activities.
25. NWC audits and assessments of the state of reform
activity need to be open as to the situation in each jurisdiction, and the
reports published for open access to all stakeholders and the public.
26. The NWC should actively recruit skilled staff and
undertake its work with the intention of becoming a highly regarded centre of
knowledge and expertise in water reform.
27. The NWC should create a public register of information
to make the reference and source documents used in its studies readily available.
28. NWC reports and studies should be subjected to a
cost-effective peer review to ensure quality and credibility of its products.
8.4 Institutional arrangements
29. The NWC Act should be amended to implement the
recommendations of this Review.
30. Amendments to the NWC Act should:
- provide for the NWC to remain as a Commonwealth statutory
authority under the FMA Act to ensure appropriate governance of Commonwealth
funding of the NWC
- provide for the NWC to retain its cross-jurisdictional authority
with strengthened provisions to ensure that is seen as not belonging to, or
preferentially representing, one jurisdiction (the Commonwealth)
- stipulate clear requirements for the provision of reports and
studies by the NWC to COAG and COAG’s subordinate processes (ministerial
councils and senior officials’ groups)
-
implement the internal governance and administrative measures
recommended by this Review.
31. The Australian Government may consider options for funding
arrangements for the NWC. If the recommendations in this review are adopted,
this would require a government decision to confirm the provisional forward
estimates and, depending on the final scale of the organisation, additional
funding as required.
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