Footnotes

Chapter 1 - Background

[1]        Diversions are mostly for irrigated agriculture, but also include stock and domestic, town and industrial uses.

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

[3]        Parliament of Australia - Parliamentary Library, Bills Digest – Water Bill 2007, p. 4. Murray Darling Basin Commission, Water Audit Monitoring Report 1996/97, pp 2 and 15. The cap for a year is the volume of water that would have been used in that year with the infrastructure (dams, irrigation areas, management rules etc) that existed in 1993–4.

[4]        Also known as the Living Murray First Step. The participants were Commonwealth $200 million, NSW and Victoria $115 million each, South Australia $65 million, and ACT $5 million. See Murray Darling Basin Authority, The Living Murray First Step: frequently asked questions, www.mdba.gov.au/programs/tlm/faqs (accessed 30 June 2010).

[5]        Barmah-Millewa Forest, Gunbower-Koondrook-Pericoota Forest, Hattah Lakes, Chowilla Floodplain and Lindsay-Walpolla Islands, the Lower Lakes, Coorong and Murray Mouth, and River Murray channel. Murray Darling Basin Authority, Fact sheet: the Living Murray Program, April 2009.

[6]        Murray Darling Basin Authority [MDBA], The Living Murray First Step: frequently asked questions, www.mdba.gov.au/programs/tlm/faqs (accessed 30 June 2010). MDBA, The Living Murray–Environmental Water Recovery Progress Report, December 2009. Figures are Long Term Cap Equivalent: that is, water expected to be delivered per year from the suite of entitlements held, taking account of their varying security levels, on average. Actual water delivered in a year will depend on seasonal conditions and allocations against entitlements arising from the rules in water resource plans.

[7]        COAG communiqué, 29 August 2003.

[8]        Tasmania joined in 2005 and Western Australia in April 2006.

[9]        COAG communiqué, 24 June 2004. Intergovernmental Agreement on a National Water Initiative, 25 June 2004.

[10]      Hon. J. Howard, Prime Minister, A $2 billion fund to secure Australia's water future, media release, 13 September 2004. National Water Commission, Annual Report 2004–2005, pp 18, 20–21. Department of the Environment and Water Resources, Annual Report 2006–07, p. 71.

[11]      The period was later extended 2011. From 2005 to the end of 2008-09 about $1 billion was provided to 75 projects. Department of Environment, Water, Heritage and the Arts, Annual Report 2008-09, vol. 1, p. 182. See also www.environment.gov.au/water/policy-programs/water-smart/index.html (accessed 30 June 2010).

[12]      To 30 June 2009, 148 projects were funded with $193 million as a contribution to total project value of $309 million. National Water Commission, Annual Report 2008–09, Appendix D.

[13]      The program ended on 30 June 2008 after funding 7884 projects to a total value of $283 million. Department of Environment, Water, Heritage and the Arts, Annual Report 2008–09, vol. 1, p. 43.

[14]      See Intergovernmental Agreement on a National Water Initiative, 25 June 2004, Appendix C.

[15]      The Water Smart Program was taken over by the Department of Environment, Water, Heritage and the Arts (DEWHA) in late 2007. National Water Commission, annual reports 2004–05, p. 18, 20-21, 2008–09, p. 49.

[16]      National Water Commission, National Water Initiative – first biennial assessment of progress in implementation, August 2007, p. 3. Update of Progress in Water Reform, 15 February 2008, p. 3ff.

[17]      Hon J. Howard MP, Prime Minister A National Plan for Water Security, January 2007, p. 1.

[18]      Senate Environment, Communications, Information Technology and the Arts Committee, Water Bill 2007 [provisions], report August 2007, p. 5. Hon. J. Howard, Prime Minister, transcript of press conference 24 July 2007.

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

[20]      Senate Environment, Communications, Information Technology and the Arts Committee, Water Bill 2007 [provisions], August 2007, p. 7.

[21]      Murray Darling Basin Authority, The Basin Plan: A Concept Statement, June 2009, p. 7.

[22]      Senate Rural and Regional Affairs Committee, Water Amendment Bill 2008 [provision], p. 5.

[23]      Senator the Hon. P. Wong (Minister for Climate Change and Water, 'Water for the Future', speech to the 4^th Annual Australian Water Summit, Sydney, 29 April 2008. See also www.environment.gov.au/water/australia/index.html.

[24]      Productivity Commission, Market Mechanisms for Recovering Water in the Murray-Darling Basin, research report March 2010, pp 11–12. The expected average annual allocations against these entitlements is 532 gigalitres.

[25]      DEWHA, answer to question on notice 4 from hearing 15 December 2009 (received 3 March 2010).

[26]      National Water Commission, Australian Water Reform 2009, overview of key findings and recommendations. Submissions to the assessment are at www.nwc.gov.au/www/html/147-introduction.asp?intSiteID=1.

[27]      Water Act 2007, sections 22(1) item 6, 23, 53(4), 55. MDBA, Submission 16, p. 2.

[28]      There are provisions for negotiation if the MDBA is inclined to recommend that the minister should not accredit a water resource plan proposed by a state, or if the minister is inclined to ask the MDBA to prepare a water resource plan: Water Act 2007, sections 63(4), 73.

[29]      MDBA, Frequently asked questions, March 2010, p. 7. See www.mdba.gov.au/files/Frequently-asked-questions-0609.pdf (accessed 30 June 2010). MDBA, Basin Plan–fact sheet 6–Transitional and interim water resource plans, May 2010.

[30]      Water Act 2007, section 42.

[31]      MDBA, Issues Paper–Development of Sustainable Diversion Limits for the Murray-Darling Basin, November 2009. See www.mdba.gov.au/basin_plan/sdl-submissions.

[32]      MDBA, Additional consultation on draft Murray-Darling Basin Plan, media release 28 June 2010.

[33]      MDBA, Release of Guide to draft Basin Plan to be deferred, media release 20 July 2010.  Guide to draft Basin Plan to be released on 8 October, media release 1 September 2010

Chapter 2 - Views on the general direction of water reform

[1]        For example, National Irrigators Council, Submission 4. Gwydir Valley Irrigators Association, Submission 7, pp 5 and 7.

[2]        National Irrigators Council, Submission 4, p. 2.

[3]        National Farmers Federation, Submission 23, p. 4, 12. Similarly Queensland Farmers Federation, Submission 20, p. 2. Mr A. Gregson (NSW Irrigators Council), Committee Hansard, 18 February 2010, p. 15.

[4]        Mr D. O'Brien (National Irrigators Council), Committee Hansard, 15 December 2010, p. 85. Similarly Mr A Gregson (NSW Irrigators Council), Committee Hansard, 18 February 2010, p. 17.

[5]        Victorian Farmers Federation, Submission 12, p.2.

[6]        For example, Nature Conservation Council of NSW, Submission 9¸p. 3. Australian Floodplain Association, Submission 14, p. 1. Inland Rivers Network, Submission 31, p. 2.  Prof. R. Kingsford (Australian Wetlands and Rivers Centre), Committee Hansard 18 February 2010, pp 1–2. National Water Commission, Australian Water Reform 2009, overview of key findings and recommendations.

[7]        Dr F. McLeod (MDBA), Committee Hansard, 15 December 2010, pp 69–73. MDBA, Frequently asked questions, March 2010, p. 7. See www.mdba.gov.au/files/Frequently-asked-questions-0609.pdf (accessed 30 June 2010).

[8]        Australian Floodplain Association, Submission 14, p. 3. See also discussion at Committee Hansard, 15 December 2009, p. 70ff.

[9]        National Water Commission, Summary of submissions to SDLs issues paper, 2010, p. 9.

[10]      National Farmers Federation, Submission 23, p. 7.

[11]      For example, see Queensland Government¸ Submission 28, p. 9.

[12]      Intergovernmental Agreement on a National Water Initiative, 25 June 2004, clause 28ff.

[13]      Intergovernmental Agreement on a National Water Initiative, 25 June 2004, clause 23(iv).

[14]      National Water Commission, Submission 25, pp 2 and 4.

[15]      RAMSAR:  Convention on Wetlands of International Importance, 1971.

[16]      Lower Balonne Floodplain Association, Submission 26, p. 2.

[17]      Australian Floodplain Association. Submission 14, p. 1.

[18]      Australian Floodplain Association, Submission 14, p. 2.

[19]      Queensland Government, Submission 28, p. 3.

[20]      National Water Commission, Submission 25, p. 6.

[21]      Queensland Government, Submission 28, p. 4.

[22]      Queensland Farmers Federation, Submission 20, p. 4.

[23]      Gwydir Valley Irrigators Association, Submission 7, p. 7.

[24]      NSW Irrigators Council, Submission 11, p. 5.

[25]      Australian Wetlands and Rivers Centre, Submission 22, p. 3. Similarly Australian Floodplain Association, Submission 14, p. 1. Dr B. Morrish (Coopers Creek Protection Group), Committee Hansard, 15 December 2009, p. 14.

[26]      NSW Irrigators Council, answer to question on notice 6 from hearing 18 February 2010 (received 10 March 2010).

[27]      Mr K. Matthews (National Water Commission), Committee Hansard, 15 December 2009, p. 38. Similarly Mr R. James (DEWHA), Committee Hansard, 15 December 2009, p. 50.

[28]      Queensland Government, Submission 28, p. 4. See also Mr T. Crothers (Queensland Department of Environment and Resource Management), Committee Hansard, 15 December 2009, p. 18.

[29]      Agforce Queensland, Submission 17, p. 3. See also Queensland Farmers Federation, Submission 20, p. 3.

[30]      Cooper's Creek Proteection Group, Submission 8, p. 2. Similarly J. Osborne, Submission 5; Australian Wetlands and Rivers Centre, Submission 22, p. 3; Prof. R. Kingsford (Australian Wetlands and Rivers Centre), Committee Hansard 18 February 2010, p. 9.

[31]      Mr T. Crothers (Queensland Department of Environment and Resource Management), Committee Hansard 15 December 2009, p. 23.

[32]      Lake Eyre Basin Intergovernment Agreement, 2000, clause 2.1. DEWHA, Submission 21, p. 9.

[33]      National Farmers Federation, Submission 23, p. 5. Similarly Mr R. Anderson (Victorian Farmers Federation), Committee Hansard, 18 February 2010, p. 79.

[34]      Queensland Government, Submission 28, p. 3. Mr G. Claydon (Queensland Department of Environment and Resource Management), Committee Hansard, 15 December 2009, p. 20.

[35]      National Water Commission, Submission 25, p. 6.

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

[37]      In new administrative arrangements following the general election on 21 August 2010,  DEWHA was renamed Department of Sustainability, Environment, Water, Population and Communities.

[38]      Mr R. James (DEWHA), Committee Hansard, 15 December 2009, p. 48.

[39]      Gwydir Valley Irrigators Association, Submission 7, p. 9–10.

Chapter 3 - Water buybacks and infrastructure investment

[1]        Productivity Commission, Market Mechanisms for Recovering Water in the Murray-Darling Basin, issues paper, August 2009, p. 3.

[2]        Productivity Commission, Market Mechanisms for Recovering Water in the Murray Darling Basin, March 2010, p. 9.

[3]        See Productivity Commission, Market Mechanisms for Recovering Water in the Murray Darling Basin, research report, March 2010, p. 29ff. NSW RiverBank is a $105 million environmental fund set up by the NSW Government to buy water for the state's most stressed and valued inland rivers and wetlands for five years up until 2011: see www.environment.nsw.gov.au/environmentalwater/index.htm.

[4]        Productivity Commission, Market Mechanisms for Recovering Water in the Murray Darling Basin, research report, March 2010, p. 13–14. DEWHA, Water for the Future - Irrigation Modernisation Planning Assistance, fact sheet May 2010. DEWHA, 'Irrigation' at www.environment.gov.au/water/topics/irrigation.html (accessed 20 September 2010).

[5]        DEWHA, answer to question on notice 4 from hearing 15 December 2009 (received 3 March 2010). The discrepancy between these figures and the budgeted figures in table 1 (2007‑8 to 2009‑10) presumably arises because of underspending, and/or because the figures quoted here do not complete the 2009‑10 financial year.

[6]        National Farmers Federation, Submission 23, p. 12. Similarly Mrs D. Kerr (NFF), Committee Hansard, 15 December 2009, p. 64; Victorian Farmers Federation, Submission 12, p. 6; Riverina and Murray Regional Organisation of Councils, Submission 15, p. 3.

[7]        Mr A. Gregson (NSW Irrigators Council), Committee Hansard, 18 February 2010, p. 16.

[8]        Mr L. Arthur (National Farmers Federation), Committee Hansard, 15 December 2009, p. 64.

[9]        Mr A. Gregson (NSW Irrigators Council), Committee Hansard 18 February 2010, p. 23. The commitment of $400 was a 2007 election commitment of the present government: Hon A. Albanese MP, Labor's plan to invest $400 million in water infrastructure at Menindee Lakes, media statement 20 November 2007. See also www.environment.gov.au/water/policy-programs/srwui/menindee-lakes/index.html (accessed 1 July 2010).

[10]      Mr R. Anderson (Victorian Farmers Federation), Committee Hansard, 18 February 2010, p. 80.

[11]      Mr T. Rooney (Waterfind), Committee Hansard, 21 June 2010, p. 40.

[12]      Murray Valley Water Diverters Advisory Association, Submission 2, p. 2. Mr R. Stubbs (Riverina and Murray Regional Organisation of Councils), Committee Hansard, 18 February 2010, p. 41. Mr R. Lake, Committee Hansard, 21 June 2010, p. 27.

[13]      National Water Commission, The impacts of water trading in the southern Murray-Darling Basin, June 2010, p. 7.

[14]      Ms B. Smiles (Inland Rivers Network), Committee Hansard, 21 June 2010, p. 5.

[15]      Prof. M. Young, Committee Hansard, 18 February 2010, p. 20.

[16]      Productivity Commission, Market Mechanisms for Recovering Water in the Murray Darling Basin, research report, March 2010, p. xxii.

[17]      Productivity Commission, Market Mechanisms for Recovering Water in the Murray Darling Basin, research report, March 2010, p. xxxiv.

[18]      Hon. P. Wong, Minister for Climate Change, Energy Efficiency and Water, Productivity Commission Report, media release 31 March 2010.

[19]      Victorian Farmers Federation, Submission 12, p.7.

[20]      National Water Commission, The impacts of water trading in the southern Murray-Darling Basin–an economic, social and environmental assessment, June 2010, p. vii.

[21]      Wentworth Group of Concerned Scientists, Sustainable Diversions in the Murray-Darling Basin–an analysis of the options for achieving a sustainable diversion limit in the Murray-Darling Basin, June 2010, p. 5.

[22]      The Hon. Tony Burke MP, Minister for Sustainability, Environment, Water, Population and Communities, House of Representatives Proof Hansard, 30 September 2010, p. 58.

[23]      Riverina and Murray Regional Organisation of Council, Submission 15, p. 2. Similarly Murray Valley Water Diverters Advisory Association, Submission 2, p. 2.

[24]      Mr R. Lake, Committee Hansard, 21 June 2010, p. 28.

[25]      Victorian Farmers Federation, Submission 12, p. 7.

[26]      The agreement included 'to review the impact of trade under the interim [four per cent annual limit] threshold in 2009, with a view to raising the threshold to a higher level if considered appropriate': Intergovernmental Agreement on a National Water Initiative, 25 June 2004, clause 63(vii).

[27]      National Water Commission, The impacts of water trading in the southern Murray-Darling Basin–an economic, social and environmental assessment, June 2010, p. vii.

[28]      Ms A. Reeves (Nature Conservation Council of NSW), Committee Hansard, 18 February 2010, p. 56.

[29]      National Water Commission, The Impacts of Water Trading in the Southern Murray-Darling Basin, June 2010, pp 2–3.

[30]      National Water Commission, The impacts of water trading in the southern Murray-Darling Basin, June 2010, p. 35.

[31]      Victorian Farmers Federation, Submission 12, pp 5 and 8.

[32]      Victorian Farmers Federation, Submission 12, p. 9.

[33]      Mr T. Rooney (Waterfind), Committee Hansard, 21 June 2010, p. 33–34.

[34]      See paragraph 3.11.

[35]      National Water Commission, Australian Water Markets Report 2008–09, p. 19.

[36]      Victorian Farmers Federation, Submission 12, p. 8.

[37]      National Farmers Federation, Submission 23, p. 12.

[38]      Prof. M. Young, Committee Hansard, 18 February 2010, pp 26–27.

[39]      Mr R. Lake, Committee Hansard, 21 June 2010, p. 22.

[40]      Victorian Farmers Federation, Submission 12, p. 8.

[41]      Waterfind, Submission 32, p. 3.

[42]      Mr T. Rooney (Waterfind), Committee Hansard, 21 June 2010, p. 38.

[43]      Waterfind, Submission 32, p. 3. Mr T. Rooney (Waterfind), Committee Hansard, 21 June 2010, p. 38.

Chapter 4 - Issues relating to water for the environment

[1]        Nature Conservation Council of NSW, Submission 19, p. 1.

[2]        Australian Wetlands and Rivers Centre, Submission 22, p. 3. Similarly Councillor T. Hogan (Riverina and Murray Regional Organisation of Councils, Committee Hansard, 18 February 2010, p. 40.

[3]        Productivity Commission, Market Mechanisms for Recovering Water in the Murray Darling Basin, March 2010, p. 57.

[4]        Water Act 2007, section 22(1) item 8, section 28. MDBA, Frequently asked questions, March 2010, p. 6: See www.mdba.gov.au/files/Frequently-asked-questions-0609.pdf (accessed  30 June 2010).

[5]        Dr F. McLeod (MDBA), Committee Hansard, 15 December 2009, p. 71. See also MDBA, Issues Paper–Development of Sustainable Diversion Limits for the Murray-Darling Basin, November 2009, attachment B.

[6]        Dr F. McLeod (MDBA), Committee Hansard, 15 December 2010, p. 72.

[7]        National Water Commission, Submission 25, p. 4. Similarly Australian Wetlands and Rivers Centre, Submission 22, p. 2; Mr L. Arthur (National Farmers Federation), Committee Hansard, 15 December 2009, pp 52–53; Mr D. O'Brien (National Irrigators Council), Committee Hansard, 15 December 2009, p. 82.

[8]        National Water Commission, Submission 25, p. 5.

[9]        Sinclair Knight Mertz, CSIRO & Bureau of Rural Sciences, Surface and/or groundwater interception activities–initial estimates, report for National Water Commission, Waterlines report series no. 30, June 2010, p. ix. The report includes floodplain harvesting, farm dams, stock and domestic use and plantations. The NWC is separately investigating the effects of mining on groundwater: see Sinclair Knight Mertz, Water issues for jurisdictional planning for mining: an overview of current practice, report for National Water Commission, Waterlines report series no. 29, May 2010.

[10]      Water Act 2007, subsection 22(1) item 3.

[11]      Dr F. McLeod (MDBA), Committee Hansard, 15 December 2010, p. 78.

[12]      DEWHA, Submission 22, p. 12.

[13]      Productivity Commission, Market Mechanisms for Recovering Water in the Murray Darling Basin, March 2010, p. 32, 143ff.

[14]      Productivity Commission, Market Mechanisms for Recovering Water in the Murray Darling Basin, March 2010, p. 32, 143ff.

[15]      Prof. M. Young, Committee Hansard 18 February 2010, p. 31. Similarly Mr D. Eyre (NSW Farmers Association), Committee Hansard, 18 February 2010, p. 72.

[16]      Prof. M. Young, Committee Hansard, 18 February 2010, p. 37.

[17]      Australian Wetlands and Rivers Centre, Submission 22, p. 4. Ms B. Smiles (Inland Rivers Network), Committee Hansard, 21 June 2010, p. 2. See also Productivity Commission, Market Mechanisms for Recovering Water in the Murray Darling Basin, March 2010, p. 25–26.

[18]      National Water Commission, Submission 25, pp 4–5.

[19]      Prof. M Young, Submission 29, p. 1; Committee Hansard, 18 February 2010, p. 33.

[20]      Australian Wetlands and Rivers Centre, Submission 22, p. 4; Lower Balonne Floodplain Association, Submission 26, p. 3; Inland Rivers Network, Submission 31, p. 4; Prof. M. Young, Committee Hansard, 18 February 2010, p. 28. See also Productivity Commission, Market Mechanisms for Recovering Water in the Murray Darling Basin, March 2010, p. 167ff, 251.

[21]      Riverina and Murray Regional Organisation of Councils, Submission 15, pp 2–3.

[22]      Victorian Farmers Federation, Submission 12, p. 6.

[23]      Murray Valley Water Diverters Advisory Association (NSW), Submission 2, p. 1.

[24]      Productivity Commission, Market Mechanisms for Recovering Water in the Murray Darling Basin, research report, March 2010, p. xii.

[25]      Australian Government, Water Matters, issue 7, November 2009, p. 1. 'Water plan may flush away $3 billion', Australian Financial Review, 6 October 2009, p. 1.

[26]      Commonwealth Environmental Water Holder, 2008–09 Outcomes Report, March 2010, p. 1.

[27]      Water Act 2007, section 22(1) item 8, section 28. MDBA, Frequently asked questions, March 2010, p. 6: See www.mdba.gov.au/files/Frequently-asked-questions-0609.pdf (accessed 30 June 2010).

Minority Report by Independent Senator Nick Xenophon

[1] Senate Estimates - Environment, Communications and the Arts, Proof Committee Hansard, 09 February 2010, pg 176

[2] Dr R.B. Morrish – Chairman, Cooper's Creek Protection Group, Submission 8, pg 1

[3] Neil Eagle AO – Chairman, Murray Valley Water Diverters Advisory Association (NSW), Submission 2, pg 4

[4] Senate Committee Report, Chapter 1

[5] Professor Ian Falconer, Submission 1, pg 1

[6] Professor Ian Falconer, Submission 1, pg 1

[7] Media Release – NSW Government, Department of Water and Energy, Floodplain harvesting Policy to provide security for NSW rivers and communities, 03 July 2008

[8] Adelaide Advertiser, NSW implements honesty system for recording flood water harvesting, 04 May 2010

[9] Melaleuca Media, The rise and rise of Cubbie Station, http://www.melaleucamedia.com.au/01_cms/details.asp?ID=257