Footnotes

Chapter 1 - Introduction

[1]        Journals of the Senate, No. 5, 26 October 2010, p. 211.

[2]        For more detail on these points and their context see Senate Environment and Communications References Committee, Sustainable management by the Commonwealth of water resources, October 2010, pp. 2ff.

[3]        Murray-Darling Basin Authority, About the Basin, www.mdba.gov.au/water/about_basin (accessed 8 July 2010).

[4]        Murray-Darling Basin Authority, The Living Murray First Step: frequently asked questions, www.mdba.gov.au/programs/tlm/faqs (accessed 30 June 2010). COAG communiqué, 24 June 2004. Intergovernmental Agreement on a National Water Initiative, 25 June 2004.

[5]        The former Murray-Darling Basin Commission was an executive body reporting to the MDB Ministerial Council as a whole.

[6]        MDBA, Guide to the proposed Basin Plan, October 2010, p. 10. Water Act 2007, sections 22(1) item 6, 23, 53(4) and 55.

[7]        The Commonwealth minister may direct the MDBA to make a water resource plan for a water resource plan if the responsible state does not make a plan or if the state makes a plan that is inconsistent with the Basin Plan (Water Act 2007, section 68). There are provisions for negotiation with the state before this happens: section 73.

[8]        Murray-Darling Basin Agreement (8 December 2008), part XII.

[9]        Subclauses 3(a) and 15(a).

[10]      Senator N. Xenophon, second reading speech, Senate Hansard, 18 March 2010, p. 2163.

[11]      Senator N. Xenophon, second reading speech, Senate Hansard, 18 March 2010, p. 2163.

[12]      Australian Height Datum: a reference point for measuring altitudes, based on the mean sea level 1966–1968: see www.ga.gov.au/geodesy/datums/ahd.jsp (accessed 10 November 2010).

[13]      Clause 9. If a period of extreme crisis exists under both definitions, it does not end until it has ended under both definitions: subclause 9(4).

[14]      In subclause 9(1), 'subsection (1) or (2)' is presumably a misprint for 'subsection (2) or (3)'.

[15]      Clause 10.

[16]      Clauses 11 and 12.

[17]      Clauses 11 and 13.

[18]      A 'water plan, arrangement or agreement' is defined as any plan, arrangement or agreement provided for or dealt with by the Water Act, including the Basin Plan; any interstate sharing agreement; any State or local plans; and any arrangement that affects the way that water entitlements and allocations may be traded: subclause 7(1).

[19]      Clause 17.

[20]      Water Act 2007, sections 9 and 9A.

[21]      The intergovernmental Agreement on Murray-Darling Basin Reform - Referral (3 July 2008) details what matters will be referred, and includes various conditions – for example, the Commonwealth will not amend a referred provision in the Water Act without the agreement of the affected state(s). The actual referral of power to the Commonwealth is done by state laws – for example the Water (Commonwealth Powers) Act 2008 [NSW].

[22]      Clause 4.

Chapter 2 - Issues raised in submissions

[1]        Western Murray Irrigation, Submission 2, p. 1; New South Wales Irrigators Council, Submission 3, p. 2; Gilbert + Tobin Centre of Public Law, Submission 4, p. 4; Murrumbidgee Irrigation, Submission 6, p. 2; National Irrigators Council, Submission 7, p. 3; Gwydir Valley Irrigators Association, Submission 8; Ricegrowers Association of Australia, Submission 10; Murray Irrigation Ltd, Submission 11, p. 1; National Farmers' Federation, Submission 14; and Queensland Government, Submission 19.

[2]        Gilbert + Tobin Centre of Public Law, Submission 4, p. 2.

[3]        Grain Pool of Western Australia v Commonwealth (2000), 202 CLR 479 [16].

[4]        Prof. G. Williams (Gilbert + Tobin Centre of Public Law), Committee Hansard, 30 June 2010, p. 6.

[5]        Western Murray Irrigation, Submission 2, p. 1; New South Wales Irrigators Council, Submission 3, p. 2; Gilbert + Tobin Centre of Public Law, Submission 4, p. 4; Murrumbidgee Irrigation, Submission 6, p. 2; National Irrigators Council, Submission 7, p. 3; Gwydir Valley Irrigators Association, Submission 8; Ricegrowers Association of Australia, Submission 10; Murray Irrigation Ltd, Submission 11, p. 1; National Farmers' Federation, Submission 14; and Queensland Government, Submission 19.

[6]        New South Wales Irrigators Council, Submission 3, p. 2.

[7]        Western Murray Irrigation, Submission 2, p. 1.

[8]        Gwydir Valley Irrigators Association, Submission 8, p. 5.

[9]        Agreement on Murray-Darling Basin Reform – Referral, 3 July 2008, clause 3.5.1(b).

[10]      Gilbert + Tobin Centre of Public Law, Submission 4, p. 4.

[11]      NSW Irrigators Council, Submission 3, p. 6.

[12]      Ricegrowers Association of Australia, Submission 10, p. 1.

[13]      Queensland Government, Submission 19, p. 1.

[14]      Queensland Government, Submission 19, p. 1.

[15]      Gilbert + Tobin Centre of Public Law, Submission 4, p. 4.

[16]      Snowy Hydro, Submission 9, p. 1.

[17]      At present under the Water Act the minister is responsible in that the minister may direct the MDBA in relation to the content of the Basin Plan (with some limitations); the Basin Plan takes effect when the minister adopts it; and the minister may direct the MDBA generally (with some limitations): sections 44 and 175.

[18]      National Irrigators Council, Submission 7, p. 3. Similarly Western Murray Irrigation, Submission 2, p. 1. Murrumbidgee Irrigation, Submission 6, p. 3.

[19]      Queensland Government, Submission 19, p. 2.

[20]      NSW Irrigators Council, Submission 3, p. 5. Murrumbidgee Irrigation, Submission 6, p. 3. Gwydir Valley Irrigators Association, Submission 8, p. 5.

[21]      Murrumbidgee Irrigation, Submission 6, p. 3. Similarly Western Murray Irrigation, Submission 2, p. 2.

[22]      National Irrigators Council, Submission 7, p. 3.

[23]      Paragraph 9(3)(a).

[24]      NSW Irrigators Council, Submission 3, p. 4.

[25]      National Farmers' Federation, Submission 14, p. 1.

[26]      Paragraph 9(3)(a). Gwydir Valley Irrigators Association, Submission 8, p. 4.

[27]      NSW Irrigators Council, Submission 3, p. 5.

[28]      National Irrigators Council, Submission 7, p. 5. Similarly NSW Irrigators Council, Submission 3, p. 4, makes the same point in relation to the Lachlan River.

[29]      Murrumbidgee Irrigation, Submission 6, pp 2–3. Similarly NSW Irrigators Council, Submission 3, p. 4. National Farmers' Federation, Submission 14, p. 1.

[30]      National Irrigators Council, Submission 7, p. 7.

[31]      Queensland Government, Submission 19, p. 2.

[32]      'There have been two occasions in recent months in Queensland, where floods and heavy rain have resulted in overflowing rivers...given the dire situation our Lakes are facing, it only makes sense to send these waters south.' Senator N. Xenophon, second reading speech, Senate Hansard, 18 March 2010, p. 2162. Similarly Senator N. Xenophon, Committee Hansard, 30 June 2010, p. 4.

[33]      Mr A. Gregson (NSW Irrigators Council), Committee Hansard, 30 June 2010, p. 4. Similarly Murray Irrigation, Submission 11, p. 2.

[34]      Southern Riverina Irrigators, Submission 12, p. 3

[35]      Prof. D. Bell, Submission 13, p. 3.

[36]      Prof. M. Young, Committee Hansard, 30 June 2010, p. 36.

[37]      Menindee Lakes water is shared according to rules in clauses 94–95 of the Murray-Darling Basin Agreement which is schedule 1 to the Water Act 2007. NSW has full control when the storage falls below 480 gigalitres. When it next goes above 640 gigalitres the MDBA takes control and the water is shared between NSW and Victoria. South Australia's minimum share of total Murray-Darling Basin water is calculated separately under clause 88 of the agreement. Murray-Darling Basin Authority, Basin Agreement rules applied as Authority assumes control of Menindee Lakes water, media release, 12 April 2010.

[38]      Hon. Dr Bob Such MP, Submission 1; Prof. D. Bell, Submission 13; Water Action Coalition, Submission 15; Prof. M. Young, Submission 16; United Party, Submission 18.

[39]      Prof. D. Bell, Submission 13, p. 6.

[40]      Water Action Coalition, Submission 15, pp 4–5. South Australia's share of 1850 gigalitres is stated in clause 88 of the Murray-Darling Basin Agreement which is a schedule to the Water Act 2007. The amount may be reduced during periods of special accounting (clause 128), or when the default rules are suspended during extreme circumstances (clauses 133ff).

[41]      Mr J. Caldecott (Water Action Coalition), Committee Hansard, 30 June 2010, p. 29. Prof. M. Young, Committee Hansard, 30 June 2010, p. 36.

[42]      Prof. M. Young, Submission 16, p. 1.

[43]      The review was agreed by the Murray-Darling Basin Ministerial Council on 13 November 2009. Review recommendations are expected to be ready by early 2011. The Basin Officials Committee is a committee representing the Commonwealth and the states, established under clause 17 of the Murray-Darling Basin Agreement. See www.mdba.gov.au/about/governance/murray-darling-basin-agreement and www.mdba.gov.au/media_centre/mdbmc_communiques/communique02 (accessed 8 November 2010).