Water Amendment Regulation 2012 (No.1)
MACHINERY OF GOVERNMENT CHANGES
On 21 September 2015, responsibility for water policy and resources was transferred to the Department of Agriculture and Water Resources - Administrative Arrangement Order made on 21 September 2015.
This website will be updated to reflect these changes.
Two sets of Water Amendment Regulations were made in 2012. Information on the second amending Regulation of 2012 is available on the Water Amendment Regulation 2012 (No.2) page
The first Regulation made in May 2012 makes three amendments to the Water Regulations 2008.
Snowy Hydro Licence
Under section 21(6) of the Water Act 2007, the Murray-Darling Basin Plan must not be inconsistent with the provisions of the licence issued under section 22 of the Snowy Hydro Corporatisation Act 1997 (NSW) to Snowy Hydro Limited. Section 21(7) requires that only variations to the Snowy Hydro licence that have been recognised by regulation can be considered when determining consistency.
The Snowy Hydro licence has been varied twice since the Water Act was made: once in 2010 and again in 2011. The main changes made in 2010 include changes to the way required water releases are calculated and the way certain environmental water releases are operated and reported. The 2011 changes are generally about the way water is managed during changes from drier to wetter conditions, and this includes more opportunity and flexibility for environmental water releases to be delivered to the River Murray.
The effect of this regulation is that the Basin Plan must not be inconsistent with the Snowy Hydro licence, which now includes these variations.
Transitional Water Resource Plans
Under section 241 of the Water Act 2007, a transitional water resource plan is a plan that is contained in Schedule 4 of the Act or has been prescribed by the regulations. Under section 245, a transitional water resource plan prevails over the Basin Plan to the extent of any inconsistency.
This regulation prescribes a number of Victorian water resource plans as transitional water resource plans.
A transitional water resource plan is made up both of the water resource plan and any instruments made under or for the purpose of the plan. Instruments made under or for the purpose of a transitional water resource plan before 3 March 2008 are deemed to be accredited instruments by operation of section 243 of the Water Act 2007.
List of instruments that the Minister is taken to have accredited, in accordance with section 243 of the Water Act 2007:
This regulation provides the means to identify who must give specified water information to the Bureau and the time and format in which it must be supplied.
The list of persons who will be required to provide water information to the Bureau will be published in the Gazette. The list of persons and further details about the amendments can be found at Bureau of Meteorology - Water Regulations 2008 web page.
The regulation and explanatory statement are available on the Comlaw website:
Full details of the Water Amendement Regulation 2012 (No. 1) are available on the Comlaw website:
Further information about water regulations.