Murray–Darling Basin
National Partnership
Agreement: milestone
assessments for year
ending 30 June 2013
© Commonwealth of Australia 2013
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ISBN: 978-1-922136-28-2
Murray–Darling Basin National Partnership Agreement: milestone assessments for year ending
30 June 2013
November 2013
An appropriate citation for this publication is:
National Water Commission 2013, Murray–Darling Basin National Partnership Agreement: milestone
assessments for year ending 30 June 2013, NWC, Canberra
Murray–Darling Basin National Partnership Agreement:
milestone assessments for year ending 30 June 2013
2
95 Northbourne Avenue
Canberra ACT 2600
T 02 6102 6000
nwc.gov.au
Chair
Senator the Hon Simon Birmingham
Parliamentary Secretary to the Minister for the Environment
Parliament House
CANBERRA ACT 2600
Dear Senator Birmingham
I am pleased to present the National Water Commission’s assessment against the
milestones set out in Schedule A of the National Partnership agreement on
Implementing Water Reform in the Murray-Darling Basin (the Agreement).
The Commonwealth and signatory Basin States have agreed that the National Water
Commission will assess jurisdictional performance against these milestones on an
annual basis. Pursuant to section 7(1)(g) of the National Water Commission Act
2004, this assessment report has been prepared to assist the Commonwealth water
minister in deciding whether to authorise payments to Basin States.
The Commission received Statements of Assurance for the 2012-13 assessment
period from the Australian Capital Territory, South Australia and Victoria by the due
date of 31 August 2013. The Commission was also provided with supporting letters
from the Department of the Environment and from the Murray-Darling Basin
Authority.
The Commission has conducted the required performance assessment and has
found that each of the three participating jurisdictions has met all of their
commitments under the Agreement for 2012-13.
In accordance with Part 4 of the Agreement the Commission will also provide a copy
of its annual assessment report to the relevant Basin States.
Yours sincerely
The Hon Karlene Maywald
31 October 2013
Murray–Darling Basin National Partnership Agreement:
milestone assessments for year ending 30 June 2013
3
Contents
Letter of transmission from Commission Chair
3
1
Background
6
1.1
Commission’s role
7
1.2
Assessment scope
7
1.3
Assessment approach
7
1.4
Focus of assessments
7
1.5
Additional information
8
2
Assessment for the Australian Capital Territory
9
2.1
Summary of findings
9
2.2
Bridging the gap
9
2.3
Implementation of the Constraints Management Strategy
10
2.4
Cooperation in environmental watering
10
2.5
Supply measures projects
12
3
Assessment for South Australia
13
3.1
Summary of findings
13
3.2
Bridging the gap
14
3.3
Implementation of the Constraints Management Strategy
16
3.4
Cooperation in environmental watering
16
3.5
Supply measures projects
19
4
Assessment for Victoria
21
4.1
Summary of findings
21
4.2
Bridging the gap
22
4.3
Implementation of the Constraints Management Strategy
23
4.4
Cooperation in environmental watering
24
4.5
Supply measures projects
26
Appendix 1 Ministerial letter of referral
27
Appendix 2 Extract from the NPA outlining the Commission’s role
29
Murray–Darling Basin National Partnership Agreement:
milestone assessments for year ending 30 June 2013
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Appendix 3 Schedule A to the National Partnership Agreement on
Implementing Water Reform in the Murray–Darling Basin
31
Appendix 4 Statement of assurance transmission letters
35
Appendix 5 Assessment expectations
38
References
43
Abbreviations and acronyms
44
Tables
Table 2.1: Summary of findings for the Australian Capital Territory
9
Table 3.1: Summary of findings for South Australia
13
Table 4.1: Summary of findings for Victoria
21
Table A5.1: Assessment expectations
38
Murray–Darling Basin National Partnership Agreement:
milestone assessments for year ending 30 June 2013
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1
Background
The National Water Commission was established under the National Water Commission Act 2004
(Cwth) to assist with the implementation of the national water reform agenda. It is an independent
statutory body that provides advice to the Council of Australian Governments and the Australian
Government on national water issues and improved management of Australia’s water resources.
On 5 June 2013, Victoria signed the Intergovernmental Agreement on Implementing Water Reform in
the Murray–Darling Basin (IGA), which is an undertaking by the Australian Government and the
participating Murray–Darling Basin state governments to build on existing achievements by
implementing the next tranche of water reforms to further improve the health of the basin and secure a
future for its communities. The objective of the IGA is to ‘ensure that the Commonwealth led Basin water
reforms, including the Basin Plan, are implemented in a cost effective manner to support the national
interest of improving river and wetland health, putting water use on a sustainable footing, enhancing
irrigation productivity, providing water for critical human needs, and providing farmers and communities
with more confidence to plan for a future with less water.’
Subsequently, the Australian Capital Territory (ACT) and South Australia also signed the IGA on 6 and
27 June respectively. Alongside the Water Act, the IGA furthers the objectives of the National Water
Initiative (NWI) for the Murray–Darling Basin (NWI clause 23).
Part 7 of the IGA commits the Australian Government to providing support to the basin states via the
National Partnership Agreement on Implementing Water Reform in the Murray–Darling Basin (the NPA).
The NPA sets out in clause 10 that:
‘The objectives and outcomes of this Agreement will be achieved by the Parties fully implementing the
requirements of the Basin Plan and the Intergovernmental Agreement on Implementing Water Reform in
the Murray–Darling Basin, in particular by Basin States:
a)
enabling the Commonwealth to meet its commitment to ‘bridge the gap’ between baseline
diversion limits and SDLs [sustainable diversion limits], including by removing barriers to trade
that are inconsistent with the Basin Plan, processing water entitlement trade applications within
agreed timeframes, unbundling water entitlements from land where the benefits exceed the
costs, and agreeing to enable groundwater and overland flow recovery through market-based
approaches;
b)
cooperatively identifying and agreeing on initiatives to be considered by the Murray–Darling
Basin Authority under the Surface Water SDL adjustment mechanism;
c)
implementing the Basin Plan, including preparing Water Resource Plans consistent with Basin
Plan requirements to provide certainty for water users;
d)
ensuring the characteristics of licensed entitlements held for environmental use will not be
enhanced or diminished, relative to like entitlements held and used for other purposes, except
as otherwise agreed between the Commonwealth and the relevant State(s) to facilitate
improved environmental watering; and
e)
working collaboratively with the Commonwealth and each other in exercising their
environmental watering and planning responsibilities in accordance with the Basin Plan
Environmental Watering Plan, and have regard to the Basin annual environmental watering
priorities, as prepared by the Murray–Darling Basin Authority.’
Murray–Darling Basin National Partnership Agreement:
milestone assessments for year ending 30 June 2013
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As part of their responsibilities under the NPA, each basin state has committed to implementing the
agreement in accordance with milestones set out at Schedule A to the agreement, and reporting on
milestone progress.
1.1
Commission’s role
The Commission has been tasked with assessing jurisdictional performance against milestones in the
NPA (see Appendix 1). Our role is described in clause 14 to the NPA: to ‘assess the Basin States’
annual progress reports in accordance with Part 4—Performance Monitoring and Reporting’ (see
Appendix 2).
Using the statement of assurance and any supporting documentation provided by each participating
basin state, we have assessed the state’s performance against the milestones set out in Schedule A to
the NPA (see Appendix 3).
This assessment report assists the Australian Minister for Water in relation to basin state performance
against milestones outlined in Schedule A for 2012–13, the extent to which they have been met and,
where the state has not met a performance milestone, any steps and activities that it took to meet the
milestone.
The Minister will decide whether payment should be made to a basin state under the NPA.
1.2
Assessment scope
Our assessment is limited to the actions listed in Schedule A of the NPA. It does not include advice on
water reform policy, as our role in relation to the NPA is to assess performance only.
The assessment is also limited to those jurisdictions that have signed the NPA (the ACT, South
Australia and Victoria).
1.3
Assessment approach
In conducting our assessment, we have engaged and consulted with Australian Government agencies,
including the Department of Sustainability, Environment, Water, Population and Communities
(DSEWPaC) and the Murray–Darling Basin Authority (MDBA), and the participating basin states.
Each state was required to provide a reform report to the Commission by 31 August (Appendix 4).
To facilitate a shared understanding of the assessment approach, we provided an assessment
framework outlining our expectations to each state before it prepared a statement of assurance
(Appendix 5).
The information provided in the statements of assurance and publicly available material was compared
with our expectations and assessment criteria.
DSEWPaC and state agencies were given an opportunity to comment and provide feedback before we
finalised the report.
1.4
Focus of assessments
Our assessment addresses milestone progress made by the basin states during the reporting period
(1 July 2012 to 30 June 2013). Where basin state reform reports identified actions not yet complete, we
noted progress made on those actions during the assessment period.
Murray–Darling Basin National Partnership Agreement:
milestone assessments for year ending 30 June 2013
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1.5
Additional information
In correspondence dated 30 August 2013, the MDBA advised us that there are no instances that it is
aware of in which a basin state has not met commitments as outlined in Appendix 5.
Similarly, DSEWPaC has stated that, to the extent that the department and the Commonwealth
Environmental Water Office have access to information on particular milestones, no specific instances
have been identified in which particular milestone commitments were not met.
Murray–Darling Basin National Partnership Agreement:
milestone assessments for year ending 30 June 2013
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2
Assessment for the Australian Capital Territory
2.1
Summary of findings
Findings for the ACT are summarised below in the order they appear in the agreement. Full findings and
details of the assessment follow in subsequent sections of this chapter.
Table 2.1: Summary of findings for the Australian Capital Territory
National Partnership commitments
Assessment summary
Finding
2) The territory has supported the
Commonwealth in bridging the gap

Not applicable to the ACT
Not applicable
3) Following publication of the
Constraints Management Strategy
by the MDBA, confirmation that
any actions taken by the territory
to remove or address constraints
are consistent with the measures
agreed through the interjurisdictional governance
procedure for the SDL adjustment
mechanism

Not applicable to the ACT
Not applicable
4) The territory has cooperated in
arrangements for Basin Plan
environmental watering

The characteristics of licensed
entitlements held for
environmental water use in the
ACT have not been enhanced or
diminished relative to like
entitlements held and used for
other purposes.
Commitment met
5) For New South Wales, Victoria
and South Australia only, the state
has provided a brief description of
supply measure projects for which
feasibility and business cases are
being developed for consideration
under the SDL adjustment
mechanism

Not applicable to the ACT
Not applicable
2.2
Bridging the gap
Expectations
The Commission expected to see that the ACT has supported the Commonwealth in bridging the gap
and the intent of the commitment had been met.
Specifically, we expected to see that:
Murray–Darling Basin National Partnership Agreement:
milestone assessments for year ending 30 June 2013
9

no restrictions were introduced on the trading of water access entitlements, except where
consistent with the Basin Plan water trading rules

no action has been taken to impede Commonwealth measures to acquire water for environmental
purposes

applications for water entitlement and allocation trades to which the Commonwealth was a party
were processed consistent with the agreed service standards relating to trade processing times for
state approval agencies, supported by a list of trades undertaken and the times taken to process
those trades

regulated systems have entitlements that are consistent with the provisions of clauses 28–32 of the
NWI in the timeframe agreed in the IGA.
Findings

2.3
Not applicable to the ACT.
Implementation of the Constraints Management Strategy
Expectations
The item was not assessable in 2013.
Schedule A, item 3, requires that, following publication of the Constraints Management Strategy by the
MDBA, any actions taken by the territory to remove or address constraints are to be consistent with the
measures agreed through the interjurisdictional governance procedure for the SDL adjustment
mechanism.
The Constraints Management Strategy is due to be published by the MDBA by the end of November
2013.
2.4
Cooperation in environmental watering
Expectations
The Commission expected to see that the ACT has supported the Commonwealth in bridging the gap
and that the intent of the commitment had been met.
Specifically, the Commission expected to see that:

characteristics of licensed entitlements held for environmental use have not been enhanced or
diminished relative to like entitlements held and used for other purposes

where feasible and agreed by the ACT, and where associated third-party impacts have been
considered, measures have been implemented to facilitate the use of environmental water by
protecting environmental water in-stream and on land through:
-
the delivery of held environmental water in-stream though arrangements such as water
shepherding to facilitate environmental flows
-
further use of environmental water at multiple locations along the river, such as through
return flow provisions
Murray–Darling Basin National Partnership Agreement: 10
milestone assessments for year ending 30 June 2013

the MDBA has been provided with annual environmental watering priorities, consistent with the Basin
Plan, including:
-
provision of annual environmental watering priorities, consistent with the Basin Plan
-
undertake environmental watering consistent with the Environmental Watering Plan
-
reasons for any environmental watering that was not in accordance with the annual basin
environmental watering priorities

environmental watering in regulated catchments has occurred having regard to the views of local
communities and persons materially affected by the management of environmental water

12 months after the MDBA has made the Basin-wide Environmental Watering Strategy (due in
2014), or within another timeframe agreed between the MDBA and the ACT, long-term
environmental watering plans for surface water resource plan areas have been developed consistent
with the requirements of the Basin Plan (i.e. by 2015).
Findings
The ACT has met this commitment.
The characteristics of licensed entitlements held for environmental water use in the ACT have not been
enhanced or diminished relative to like entitlements held and used for other purposes.
Characteristics of licensed entitlements
The ACT has not taken any action to alter the characteristics of licensed entitlements held for
environmental use. The territory’s statement of assurance confirmed that environmental watering from
streams occurs before water is diverted for consumptive use (ACT Government 2013). The ACT has
implemented a legislatively based system of water access entitlements that has the characteristics
required under the NWI. The Environmental flow guidelines are a disallowable instrument under territory
legislation and were revised and reissued in April 2013.
Measures implemented to facilitate the use of environmental water
The item was not assessable in 2013.
Schedule A, item 4(b), requires that, where feasible and agreed by the relevant basin state, and where
associated third-party impacts have been considered, measures will be implemented to facilitate the use
of environmental water by protecting environmental water in-stream and on land through:
•
the delivery of held environmental water in-stream though arrangements such as water shepherding
to facilitate environmental flows
•
further use of environmental water at multiple locations along the river, such as through return flow
provisions.
As no agreement has been made, there is no assessment in 2013.
Annual environmental watering priorities
The ACT is not required to provide annual environmental watering priorities to the MDBA.
Murray–Darling Basin National Partnership Agreement: 11
milestone assessments for year ending 30 June 2013
Consultation on environmental watering
The ACT’s statement of assurance notes that the territory had little involvement in Basin Plan
environmental watering in 2012–13, so this milestone is not applicable in 2013.
Long-term environmental watering plans for surface water resource plan areas
Schedule A, item 4(f), requires that 12 months after the MDBA has made the Basin-wide Environmental
Watering Strategy, or within another timeframe agreed between the MDBA and the basin state, long-term
environmental watering plans for surface water resource plan areas have been developed consistent with
the requirements of the Basin Plan.
The Environmental Watering Strategy is due in 2015, so there is no assessment in 2013.
2.5
Supply measures projects
Expectations
For New South Wales, Victoria and South Australia only, the Commission expected to see that the state
has provided the Commonwealth with a brief description of supply measure projects for which feasibility
and business cases are being developed for consideration under the SDL adjustment mechanism.
Findings
Not applicable to the ACT.
Murray–Darling Basin National Partnership Agreement: 12
milestone assessments for year ending 30 June 2013
3
Assessment for South Australia
3.1
Summary of findings
Findings for South Australia are summarised below in the order they appear in the agreement. Full
findings and details of the assessment follow in subsequent sections of this chapter.
Table 3.1: Summary of findings for South Australia
National Partnership commitments
Assessment summary
Finding
2) The state has supported the
Commonwealth in bridging the gap

South Australia did not introduce
any restrictions or suspensions on
the trading of water access
entitlements.
Commitment met

It did not take any action to
impede Commonwealth measures
to acquire water for environmental
purposes.

Applications for water entitlement
and allocation trades were
processed consistent with the
agreed service standards for trade
processing times.

The River Murray Prescribed
Water Course is the only
regulated surface water system
within the South Australian
Murray–Darling Basin. Water
access entitlements for this
system have been unbundled in
line with clauses 28 to 32 of the
NWI since 2009.
3) Following publication of the
Constraints Management Strategy
by the MDBA, confirmation that
any actions taken by the state to
remove or address constraints are
consistent with the measures
agreed through the interjurisdictional governance
procedure for the SDL adjustment
mechanism
Not assessed
Not assessable
in 2013
4) The state has cooperated in
arrangements for Basin Plan
environmental watering

Commitment met
South Australia did not enhance
or diminish licence entitlements
held for environmental use relative
to like entitlements held and used
for other purposes during 2012–
13.
Murray–Darling Basin National Partnership Agreement: 13
milestone assessments for year ending 30 June 2013
5) For New South Wales, Victoria
and South Australia only, the state
has provided a brief description of
supply measure projects for which
feasibility and business cases are
being developed for consideration
under the SDL adjustment
mechanism.
3.2

South Australia submitted its
annual watering priorities for the
River Murray, SA Murray Region
and Eastern Mount Lofty Ranges
water resource plan areas to the
MDBA on 30 May 2013.

South Australia consistently
applied the Basin Plan’s Principles
to be applied in environmental
watering to environmental water
received from the Commonwealth
Environmental Water Holder, the
Living Murray initiative and South
Australian Government holdings
during 2012–13.

Environmental watering in
regulated catchments has
occurred having regard to the
views of local communities and
persons materially affected by the
management of environmental
water.

South Australia has provided the
Commonwealth with a brief
description of supply measure
projects for which feasibility and
business cases are being
developed for consideration under
the SDL adjustment mechanism.
Commitment met
Bridging the gap
Expectations
The Commission expected to see that South Australia has supported the Commonwealth in bridging the
gap and the intent of the commitment had been met.
Specifically, we expected to see that:

no restrictions were introduced on the trading of water access entitlements, except where
consistent with the Basin Plan water trading rules

no action has been taken to impede Commonwealth measures to acquire water for environmental
purposes

applications for water entitlement and allocation trades to which the Commonwealth was a party
were processed consistent with the agreed service standards for trade processing times for state
approval agencies, supported by a list of trades undertaken and the times taken to process those
trades

regulated systems have entitlements that are consistent with the provisions of clauses 28–32 of the
NWI in the timeframe agreed in the IGA.
Murray–Darling Basin National Partnership Agreement: 14
milestone assessments for year ending 30 June 2013
Findings
South Australia has met this commitment.

South Australia did not introduce any restrictions or suspensions on the trading of water access
entitlements.

It did not take any action to impede Commonwealth measures to acquire water for
environmental purposes

Applications for water entitlement and allocation trades were processed consistent with the
agreed service standards for trade processing times.

The River Murray Prescribed Water Course is the only regulated surface water system within
the South Australian Murray–Darling Basin. Water access entitlements for this system have
been unbundled in line with clauses 28 to 32 of the NWI since 2009.
Restrictions on trade
South Australia’s statement of assurance stated that in 2012–13 South Australia released a policy
statement signalling its preparedness to respond to interstate River Murray water allocation trade
suspensions or other actions imposed by the upstream states that might threaten the South Australian
River Murray Entitlement Flow for 2013–2014 (SA Govt 2013). The policy was not required to be
actioned in 2012–13, and no suspension or volumetric limit was imposed by South Australia on any
aspect of the interstate water allocation market.
The MDBA advised that basin states are not required to inform it of trade restrictions until July 2014
(MDBA letter dated 30 August 2013). As the Basin Plan water trading rules do not take effect until 1 July
2014, the MDBA is not actively considering restrictions that may not be allowable under those rules.
Commonwealth measures to acquire water
South Australia stated in its statement of assurance that it did not take any action to impede
Commonwealth measures to acquire water for environmental purposes during 2012–13 (SA Govt 2013).
Murray–Darling Basin National Partnership Agreement: 15
milestone assessments for year ending 30 June 2013
Processing times for trades
South Australia provided the processing times for each water entitlement and allocation trade completed
during the reporting period, which demonstrated that it had met the Commonwealth standards for trade
processing times (SA Govt 2013, attachments 2 and 3). South Australia recorded 100% compliance
against the service standards for allocation trades to the Commonwealth. It recorded 100% compliance
against the service standards for registrations of entitlement trades and 98% performance against the
standard for the approval of entitlement trades to which the Commonwealth was a party. South Australia
noted that, in two cases in which trades did not meet the standards, there was a delay of approximately
six weeks in gaining consent from the interested party. This period of time is ordinarily counted as being
out of South Australia’s control. When these cases are subtracted, South Australia is 100% compliant
with the required standard.
NWI-consistent entitlements
The River Murray Prescribed Water Course is the only regulated surface water system within the South
Australian Murray–Darling Basin. Water access entitlements for this system have been unbundled in line
with clauses 28–32 of the NWI since 2009.
3.3
Implementation of the Constraints Management Strategy
Expectations
The item was not assessable in 2013.
Schedule A, item 3, requires that, following publication of the Constraints Management Strategy by the
MDBA, any actions taken by the state to remove or address constraints are to be consistent with the
measures agreed through the interjurisdictional governance procedure for the SDL adjustment
mechanism.
The Constraints Management Strategy is due to be published by the MDBA by the end of November
2013.
3.4
Cooperation in environmental watering
Expectations
The Commission expected to see that South Australia has supported the Commonwealth in bridging the
gap and that the intent of the commitment had been met.
Specifically, the Commission expected to see that:

characteristics of licensed entitlements held for environmental use have not been enhanced or
diminished relative to like entitlements held and used for other purposes

where feasible and agreed by South Australia, and where associated third-party impacts have been
considered, measures have been implemented to facilitate the use of environmental water by
protecting environmental water in-stream and on land through:
-
the delivery of held environmental water in-stream though arrangements such as water
shepherding to facilitate environmental flows
-
further use of environmental water at multiple locations along the river, such as through
return flow provisions
Murray–Darling Basin National Partnership Agreement: 16
milestone assessments for year ending 30 June 2013

the MDBA has been provided with annual environmental watering priorities consistent with the Basin
Plan, including:
-
provision of annual environmental watering priorities, consistent with the Basin Plan
-
undertake environmental watering consistent with the Environmental Watering Plan
-
that a statement of reasons has been provided to the MDBA for any environmental
watering that was not in accordance with the annual basin environmental watering priorities

environmental watering in regulated catchments has occurred having regard to the views of local
communities and persons materially affected by the management of environmental water

12 months after the MDBA has made the Basin-wide Environmental Watering Strategy (due in
2014), or within another timeframe agreed between the MDBA and the ACT, long-term
environmental watering plans for surface water resource plan areas have been developed consistent
with the requirements of the Basin Plan (i.e. by 2015).
Findings
South Australia has met this commitment.

South Australia did not enhance or diminish licence entitlements held for environmental use
relative to like entitlements held and used for other purposes during 2012–13.

The state submitted its annual watering priorities for the River Murray, SA Murray Region and
Eastern Mount Lofty Ranges water resource plan areas to the MDBA on 30 May 2013.

South Australia consistently applied the Basin Plan’s Principles to be applied in environmental
watering to environmental water received from the Commonwealth Environmental Water Holder
(CEWH), the Living Murray initiative and South Australian holdings during 2012–13.

Environmental watering in regulated catchments has occurred having regard to the views of
local communities and persons materially affected by the management of environmental water.
Characteristics of licensed entitlements
South Australia’s statement of assurance stated that characteristics of licence entitlements held for
environmental use were not enhanced or diminished relative to like entitlements held and used for other
purposes during 2012–13 (SA Govt 2013).
Measures implemented to facilitate the use of environmental water
The item was not assessable in 2013.
Schedule A, item 4(b), requires that, where feasible and agreed by the relevant basin state, and where
associated third-party impacts have been considered, measures will be implemented to facilitate the use
of environmental water by protecting environmental water in-stream and on land through:
•
the delivery of held environmental water in-stream though arrangements such as water shepherding
to facilitate environmental flows
•
further use of environmental water at multiple locations along the river, such as through return flow
provisions.
As no agreement has been made, there is no assessment in 2013.
Murray–Darling Basin National Partnership Agreement: 17
milestone assessments for year ending 30 June 2013
Annual environmental watering priorities
Consistent with this requirement, South Australia submitted its annual environmental watering priorities
for the River Murray, SA Murray Region and Eastern Mount Lofty Ranges water resource plan areas to
the MDBA on 30 May 2013 (SA Govt 2013). The annual priorities for the River Murray Water Resource
Plan area are available on the website of the Department of Environment, Water and Natural
Resources.1
The South Australian River Murray Water Resource Plan area received environmental water from the
CEWH, the Living Murray initiative and South Australian holdings during 2012–13. South Australia
stated in its statement of assurance that environmental watering was undertaken consistently with the
Principles to be applied in environmental watering (SA Govt 2013).
South Australia stated that, for planned environmental water, the Water Allocation Plan for the River
Murray Prescribed Water Course provides for the taking and use of water for environmental purposes. It
noted that this plan will be reviewed to ensure that its provisions are consistent with the Basin Plan,
including the Environmental Watering Plan.
There is no held water in the Eastern Mount Lofty Ranges Water Resource Plan area. South Australia
advised in its statement of assurance that the diffuse, widely distributed nature of the environmental
assets and water capture means that the most useful and practical approach to providing water to the
environment is to set water taking limits and rules that result in a flow pattern that provides an adequate
environmental water regime over space and time. These rules are set through a draft water allocation
plan that was developed before the Basin Plan came into effect in November 2012. Once adopted, the
Eastern Mount Lofty Ranges Water Allocation Plan will be listed as a transitional water resource plan
under the Water Act 2007. South Australia advised that it will review this water allocation plan as part of
developing a water resource plan to ensure that its provisions are consistent with the Basin Plan,
including the Environmental Water Plan.
Consultation on environmental watering
The River Murray Prescribed Water Course is the only regulated surface water system within the South
Australia Murray–Darling Basin. The 2012–13 Annual Environmental Watering Plan for the South
Australian River Murray sets out the environmental water requirements for 2012–13, including the
timing, volumes and priorities for environmental watering (DEWNR 2012).
The South Australian statement of assurance describes consultation undertaken on the annual
environmental watering plan, including with local communities through:
•
the South Australian Murray–Darling Basin Natural Resources Management Board
•
the River Murray Advisory Committee
•
local action planning groups through the Community Action for the Rural Environment committee
•
the Community Advisory Panel for the Coorong, Lower Lakes and Murray Mouth
•
the Nature Foundation SA
•
the Ngarrindjeri Regional Authority, including the Mannum Aboriginal Community Association
Incorporated
•
the First Peoples of the River Murray and Mallee Region.
1
See the section titled ‘River Murray Annual Environmental Watering Plans’ at
http://www.environment.sa.gov.au/about-us/plans.
Murray–Darling Basin National Partnership Agreement: 18
milestone assessments for year ending 30 June 2013
The South Australian Murray–Darling Basin Natural Resources Management Board, the River Murray
Advisory Committee and the Community Advisory Panel for the Coorong, Lower Lakes and Murray
Mouth include members who are landholders in the River Murray system and who represent the
interests of people materially affect by water management issues, including the delivery of
environmental water.
South Australia advised that it is currently doing further work to identify the landholders who could be
affected by high-flow events in the future through a high flows augmentation project and by working with
the MDBA on the development of the Constraints Management Strategy.
South Australia advised that during 2012–13, in addition to the consultations described above, it also
worked collaboratively with non-government organisations, local action committees, community groups
and landholders on environmental water delivery and site management issues. Examples included:
•
working with the Nature Foundation SA to identify suitable sites for the delivery of environmental
water that is managed on behalf of the CEWH
•
working with local action planning committees to undertake community monitoring of 30 managed
wetlands
•
working with landholders on the protection and restoration of wetlands on private land, including the
installation of flow management structures and weed control.
Long-term environmental watering plans for surface water resource plan areas
Schedule A, item 4(f), requires that 12 months after the MDBA has made the Basin-wide Environmental
Watering Strategy, or within another timeframe agreed between the MDBA and the basin state, longterm environmental watering plans for surface water resource plan areas have been developed
consistent with the requirements of the Basin Plan.
The Environmental Watering Strategy is due in 2015, so there is no assessment in 2013.
3.5
Supply measures projects
Expectations
For New South Wales, Victoria and South Australia only, the Commission expected to see that the state
has provided the Commonwealth with a brief description of supply measure projects for which feasibility
and business cases are being developed for consideration under the SDL adjustment mechanism.
Findings
South Australia has met this commitment.

South Australia has provided the Commonwealth with a brief description of supply measure
projects for which feasibility and business cases are being developed for consideration under
the SDL adjustment mechanism.
Local Ideas for Local Wetlands
South Australia anticipates that the environmental works and measures from this project will improve
environmental outcomes at six wetlands within the South Australian River Murray corridor. The project
has an estimated capital expenditure of $6.4 million. Pre-feasibility investigations are complete, and a
feasibility study is being prepared for Phase 1 of the project (SA Govt 2013).
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The six selected project proposals identified as being of highest priority to the community and with the
greatest potential to contribute to the outcomes of the Basin Plan were for:
•
Bookmark Creek and Wetlands
•
Martin Bend Wetlands
•
Tolderol Wetland
•
Teringie Wetland
•
Woltowa Wetland
•
Hindmarsh Island Wetland Complex.
Further details on these projects are publicly available on the Natural Resources SA Murray–Darling
Basin website.2
Chowilla Floodplain Regulator
This project involves the construction of a major environmental regulator on Chowilla Creek and a range
of complementary works. South Australia anticipates that the regulator will allow the management of
flow to enable flooding across the floodplain under relatively low river flow conditions. It incorporates fish
passages for large-, medium- and small-bodied native fish. Smaller ancillary structures on Woolshed
Creek and Chowilla Island, along with blocking banks, and a channel to the Chowilla Island Loop
Wetland will help to manage flows while the regulator is operating. Construction of the Chowilla Creek
environmental regulator began in January 2010 and has included funding from the Living Murray
program (MDBA 2012).
Riverine Recovery Project
South Australia anticipates that this project has potential to generate wetland evaporative savings
through a range of activities that restore wetlands along the South Australian Murray River, including
reintroducing wetting and drying cycles with the aim of achieving improved wetland habitats and water
quality. It comprises a number of on-ground elements to improve the health of the river, floodplains and
wetlands, including work on:
•
early on-ground works
•
wetlands
•
Pike floodplain
•
Katfish Reach (Katarapko floodplain)
•
weir pool manipulation.
The project aims to return environmental water savings to the Commonwealth for environmental
purposes in the southern connected basin (SA Govt 2012). Stage 1 of the project is funded as a South
Australian State Priority Project. However, funding has not yet been secured for Stage 2 and is subject
to the development of a business case, which is due to be completed in June 2014.
2
http://www.naturalresources.sa.gov.au/samurraydarlingbasin/projects/environmental-works-andmeasures.
Murray–Darling Basin National Partnership Agreement: 20
milestone assessments for year ending 30 June 2013
4
Assessment for Victoria
4.1
Summary of findings
Findings for Victoria are summarised below in the order they appear in the agreement. Full findings and
details of the assessment follow in subsequent sections of this chapter.
Table 4.1: Summary of findings for Victoria
National Partnership commitments
Assessment summary
Finding
2) The state has supported the
Commonwealth in bridging the gap

Victoria did not introduce any
restrictions or suspensions on the
trading of water access
entitlements.
Commitment met

It did not take any action to
impede Commonwealth measures
to acquire water for environmental
purposes.

Applications for water entitlement
and allocation trades were
processed consistent with the
agreed service standards for trade
processing times.

Victorian entitlements in regulated
surface water systems are largely
consistent with the provisions of
NWI clauses 28–32, with two
exceptions (detailed in
Section 4.2).
3) Following publication of the
Constraints Management Strategy
by the MDBA, confirmation that
any actions taken by the state to
remove or address constraints are
consistent with the measures
agreed through the interjurisdictional governance
procedure for the SDL adjustment
mechanism
Not assessed.
Not assessable
in 2013
4) The state has cooperated in
arrangements for Basin Plan
environmental watering

The characteristics of licensed
entitlements held for
environmental water use in
Victoria have not been enhanced
or diminished relative to like
entitlements held and used for
other purposes.
Commitment met

Victoria has provided annual
environmental watering priorities,
Murray–Darling Basin National Partnership Agreement: 21
milestone assessments for year ending 30 June 2013
consistent with the Basin Plan, to
the Authority.
5) For New South Wales, Victoria
and South Australia only, the state
has provided a brief description of
supply measure projects for which
feasibility and business cases are
being developed for consideration
under the SDL adjustment
mechanism.
4.2

Environmental watering in
regulated catchments has
occurred having regard to the
views of local communities and
persons materially affected by the
management of environmental
water.

Victoria has provided the
Commonwealth with a brief
description of supply measure
projects for which feasibility and
business cases are being
developed for consideration under
the SDL adjustment mechanism.
Commitment met
Bridging the gap
Expectations
The Commission expected to see that Victoria has supported the Commonwealth in bridging the gap and
that the intent of the commitment had been met.
Specifically, we expected to see that:

no restrictions were introduced on the trading of water access entitlements, except where
consistent with the Basin Plan water trading rules

no action has been taken to impede Commonwealth measures to acquire water for environmental
purposes

applications for water entitlement and allocation trades to which the Commonwealth was a party
were processed consistent with the agreed service standards for trade processing times for state
approval agencies, supported by a list of trades and the times taken to process those trades

regulated systems have entitlements that are consistent with the provisions of clauses 28–32 of the
NWI in the timeframe agreed in the IGA.
Findings
Victoria has met this commitment.

Victoria did not introduce any restrictions or suspensions on the trading of water access
entitlements.

It did not take any action to impede Commonwealth measures to acquire water for
environmental purposes.

Applications for water entitlement and allocation trades were processed consistent with the
agreed service standards for trade processing times.
Murray–Darling Basin National Partnership Agreement: 22
milestone assessments for year ending 30 June 2013

Victorian entitlements in regulated surface water systems are largely consistent with the
provisions of clauses 28–32 of the NWI, with the exception of the Coliban and Wimmera
systems.
Restrictions on trade
The MDBA advised that basin states are not required to inform it of trade restrictions until July 2014
(MDBA letter dated 30 August 2013). As the Basin Plan water trading rules do not take effect until 1 July
2014, the MDBA is not actively considering restrictions that may not be allowable under those rules.
Victoria’s statement of assurance stated that, in the period since the approval of the Basin Plan on
22 November 2012, it did not introduce any restrictions or suspensions on the trading of water access
entitlements (Vic. Govt 2013).
Commonwealth measures to acquire water
Since the approval of the Basin Plan on 22 November 2012, Victoria has not taken any action to impede
Commonwealth measures to acquire water for environmental purposes (Vic. Govt 2013).
Processing times for trades
Victoria provided the processing times for water entitlement and allocation trades completed during
2012–13, which demonstrated that they had met the standards for trade processing times. Victoria
recorded 100% compliance against the service standards for allocation trades and for water share
transfers from 23 November 2012 to 30 June 2013 (Vic. Govt 2013).
NWI-consistent entitlements
Victorian entitlements in regulated surface water systems are largely consistent with the provisions of
clauses 28–32 of the NWI, with the exception of the Coliban and Wimmera systems. Victoria’s
statement of assurance lists the Murray, Ovens, Goulburn, Broken, Campaspe and Loddon regulated
surface water systems as consistent with the provisions.
In the Coliban system, entitlements are held by individuals and companies in the form of take-and-use
licences under section 51 of the Victorian Water Act 1989. The licences are tradeable. Victoria advise
that the Coliban regulated water system is relatively small and is isolated. It is currently being
remodelled and there is no plan to unbundle entitlements.
In contrast, the entitlement structure in the Wimmera system is undergoing a review that will include an
assessment of whether the benefits of unbundling exceed its costs. The Wimmera system mainly
supplies small customers of Grampians Wimmera Mallee Water, which holds the primary rights on
behalf of its customers.
4.3
Implementation of the Constraints Management Strategy
Expectations
The item was not assessable in 2013.
Schedule A, item 3, requires that, following publication of the Constraints Management Strategy by the
MDBA, any actions taken by the state to remove or address constraints are to be consistent with the
measures agreed through the interjurisdictional governance procedure for the SDL adjustment
mechanism.
The Constraints Management Strategy is due to be published by the MDBA by the end of
November 2013.
Murray–Darling Basin National Partnership Agreement: 23
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4.4
Cooperation in environmental watering
Expectations
The Commission expected to see that Victoria has supported the Commonwealth in bridging the gap and
that the intent of the commitment had been met.
Specifically, the Commission expected to see that:

characteristics of licensed entitlements held for environmental use have not been enhanced or
diminished relative to like entitlements held and used for other purposes

where feasible and agreed by Victoria, and where associated third-party impacts have been
considered, measures have been implemented to facilitate the use of environmental water by
protecting environmental water in-stream and on land through:

-
the delivery of held environmental water in-stream though arrangements such as water
shepherding to facilitate environmental flows
-
further use of environmental water at multiple locations along the river, such as through
return flow provisions
the MDBA has been provided with annual environmental watering priorities, consistent with the Basin
Plan, including:
-
provision of annual environmental watering priorities, consistent with the Basin Plan
-
undertake environmental watering consistent with the Environmental Watering Plan
-
that a statement of reasons has been provided to the MDBA for any environmental
watering that was not in accordance with the annual basin environmental watering priorities

environmental watering in regulated catchments has occurred having regard to the views of local
communities and persons materially affected by the management of environmental water

12 months after the MDBA has made the Basin-wide Environmental Watering Strategy (due in
2014), or within another timeframe agreed between the MDBA and the ACT, long-term
environmental watering plans for surface water resource plan areas have been developed consistent
with the requirements of the Basin Plan (i.e. by 2015).
Findings
Victoria has met this commitment.

The characteristics of licensed entitlements held for environmental water use in Victoria have not
been enhanced or diminished relative to like entitlements held and used for other purposes.

Victoria has provided annual environmental watering priorities, consistent with the Basin Plan, to
the MDBA.

Victoria consistently applied the Basin Plan’s Principles to be applied in environmental watering
to environmental water received from the CEWH, the Living Murray initiative and Victorian
holdings during 2012–13.

Environmental watering in regulated catchments has occurred having regard to the views of
local communities and persons materially affected by the management of environmental water.
Murray–Darling Basin National Partnership Agreement: 24
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Characteristics of licensed entitlements
During 2012–13, Victoria did not take any action to alter the characteristics of licensed entitlements held
for environmental use (Vic. Govt 2013). Victoria’s statement of assurance confirmed that characteristics
of licence entitlements held for environmental water use were not enhanced or diminished relative to like
entitlements held and used for other purposes during the period since the approval of the Basin Plan on
22 November 2012.
Measures implemented to facilitate the use of environmental water
The item was not assessable in 2013.
Schedule A, item 4(b), requires that, where feasible and agreed by the relevant basin state, and where
associated third-party impacts have been considered, measures will be implemented to facilitate the use
of environmental water by protecting environmental water in-stream and on land through:
•
the delivery of held environmental water in-stream though arrangements such as water shepherding
to facilitate environmental flows
•
further use of environmental water at multiple locations along the river, such as through return flow
provisions.
As no agreement was made, there is no assessment in 2013.
Annual environmental watering priorities
Victoria’s statement of assurance states that the MDBA has been provided with annual environmental
watering priorities, consistent with the Basin Plan, including the Environmental Watering Plan’s Principles
to be applied to environmental watering (Vic. Govt 2013). The 2013–14 seasonal watering plan of the
Victorian Environmental Water Holder has also been made publicly available at its website
(VEWH 2013).3
Victoria stated in its statement of assurance that environmental watering was undertaken consistently
with the Principles to be applied in environmental watering (Vic. Govt 2013).
Consultation on environmental watering
Victoria’s statement of assurance stated that environmental watering advisory groups or equivalent
processes were used in 2012–13 by northern Victorian catchment management authorities to provide
input into environmental water planning and implementation processes (Vic. Govt 2013).
The annual watering plan of the Victorian Environmental Water Holder confirms that key stakeholders
with an interest in environmental watering in the relevant regulated catchments were consulted in the
development of annual environmental watering priorities, including Goulburn–Murray Water and the
MDBA (River Operations) (VEWH 2012).
Long-term environmental watering plans for surface water resource plan areas
Schedule A, item 4(f), requires that 12 months after the MDBA has made the Basin-wide Environmental
Watering Strategy, or within another timeframe agreed between the authority and the basin state,
long-term environmental watering plans for surface water resource plan areas have been developed
consistent with the requirements of the Basin Plan.
The Environmental Watering Strategy is due in 2015, so there is no assessment in 2013.
3
www.vewh.gov.au.
Murray–Darling Basin National Partnership Agreement: 25
milestone assessments for year ending 30 June 2013
4.5
Supply measures projects
Expectations
For New South Wales, Victoria and South Australia only, the Commission expected to see that the state
has provided the Commonwealth with a brief description of supply measure projects for which feasibility
and business cases are being developed for consideration under the SDL adjustment mechanism.
Findings
Victoria has met this commitment.

Victoria has provided the Commonwealth with a brief description of supply measure projects for
which feasibility and business cases are being developed for consideration under the SDL
adjustment mechanism.
Victoria’s statement of assurance stated that 12 supply measure projects have been identified for
consideration under the adjustment offset mechanism (Vic. Govt 2013). The statement also provided the
details of the first project to be considered by the SDL Adjustment Assessment Committee in July 2013
(the Belsar Yungera Feasibility Study).
The Belsar Yungera Floodplain Management Project is a significant supply measure project on the River
Murray near the township of Robinvale in north-west Victoria. The proposed infrastructure works are
water retaining and regulating structures that aim to take advantage of the landscape and existing
infrastructure to provide extended flooding areas and durations. Victoria anticipates that the project will
provide more efficient delivery and use of water to facilitate significantly larger flooding events on the
floodplain using less water (Vic. Govt 2013).
Further information on the Belsar and Yungera Island Floodplain project is publicly available in the
feasibility and design study undertaken by GHD (GHD 2012).
Murray–Darling Basin National Partnership Agreement: 26
milestone assessments for year ending 30 June 2013
Appendix 1 Ministerial letter of referral
Murray–Darling Basin National Partnership Agreement: 27
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Murray–Darling Basin National Partnership Agreement: 28
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Appendix 2 Extract from the NPA outlining the
Commission’s role
19) The Head of the Basin State water agency will submit an annual Statement of Assurance to the
NWC (the Assessor) by 31 August (or the first working day thereafter) each year, covering the
period of the previous financial year.
20) The Statement of Assurance will:
a)
state which milestones applicable to that reporting year have been achieved, as outlined in
Schedule A; and
b)
state which milestones applicable to that reporting year have not been achieved, as outlined
in Schedule A, and the reason/s for non-achievement, and any steps and activities that were
undertaken by the Basin State in an effort to meet the milestone; and
c)
state which milestones identified as not achieved in preceding years have been achieved;
and
d)
be accompanied by any additional supporting documentation relating to Milestones 2 to 9 in
Schedule A that a state deems to be relevant to meeting a milestone; and
e)
be accompanied by a brief description of supply measure projects for which feasibility and
business cases are being developed for consideration under the SDL adjustment mechanism,
as referred to in Schedule A. This only applies to New South Wales, Victoria and South
Australia for the statements of assurance submitted in 2013, 2014 and 2015.
21) In relation to the initial (2013–14) contribution for supply measures, by 31 August 2013 (or first
working day thereafter), New South Wales, Victoria and South Australia will provide to the
Commonwealth Department with responsibility for water a brief description of supply measure
projects in that State for which feasibility and business cases are being developed for
consideration under the SDL adjustment mechanism (the report), consistent with Milestone 1 in
Schedule A. Payment will only be made on the acceptance by the Commonwealth Minister with
portfolio responsibility for water of a report the Minister considers to be satisfactory.
22) Using the Statement of Assurance and any supporting documentation, the Assessor will conduct
an assessment of each Basin State’s performance against the milestones set out in Schedule A.
The Assessor’s performance assessment reports will indicate:
a)
whether the Basin State has met the performance milestones outlined in Schedule A for the
applicable reporting year, and the extent to which they have been met; and
b)
where a Basin State has not met a performance milestone, any steps and activities that were
undertaken by the Basin State to meet the milestone.
23) In consultation with the Commonwealth Department with portfolio responsibility for water, the
Assessor may make one formal request for a Basin State to provide additional information to help
inform their annual assessment report.
24) The Assessor will provide its annual assessment report on each Basin State’s performance against
milestones to the Commonwealth Minister with portfolio responsibility for water, by 31 October, or
the first working day thereafter. The Assessor will then provide a copy to the relevant Basin State.
25) The Commonwealth Minister with portfolio responsibility for water will authorise, based upon the
funding and performance reporting arrangements set out in this Agreement, whether payment
should be made to a Basin State having regard to that Basin State’s assessment report and
completion of its milestones and, in the circumstance of any adverse finding assessed by the
Commonwealth as being not material to that state’s cooperation with the reforms.
Murray–Darling Basin National Partnership Agreement: 29
milestone assessments for year ending 30 June 2013
26) In consultation with the Commonwealth Department with portfolio responsibility for water, following
a decision by the Commonwealth Minister with portfolio responsibility for water and release of the
report to the Basin State, the Assessor will publish a copy of each Basin State’s annual
assessment report on its website.
Murray–Darling Basin National Partnership Agreement: 30
milestone assessments for year ending 30 June 2013
Appendix 3 Schedule A to the National Partnership
Agreement on Implementing Water Reform in the
Murray–Darling Basin
Murray–Darling Basin National Partnership Agreement: 31
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Murray–Darling Basin National Partnership Agreement: 32
milestone assessments for year ending 30 June 2013
Murray–Darling Basin National Partnership Agreement: 33
milestone assessments for year ending 30 June 2013
Murray–Darling Basin National Partnership Agreement: 34
milestone assessments for year ending 30 June 2013
Appendix 4 Statement of assurance transmission
letters
Murray–Darling Basin National Partnership Agreement: 35
milestone assessments for year ending 30 June 2013
Murray–Darling Basin National Partnership Agreement: 36
milestone assessments for year ending 30 June 2013
Murray–Darling Basin National Partnership Agreement: 37
milestone assessments for year ending 30 June 2013
Appendix 5 Assessment expectations
Table A5.1 outlines the Commission’s expectations for statements of assurance provided by basin
states, and identifies verification sources (where sought).
Table A5.1: Assessment expectations
National Partnership
commitments
Expectations
Third-party sources of
verification information for
Commission’s assessment
1) For New South Wales, Victoria
and South Australia only, the
state has provided a brief
description of supply measure
projects for which feasibility
and business cases are being
developed for consideration
under the SDL adjustment
mechanism.
List of proposed supply
measures projects to be
provided to DSEWPaC
No assessment by the
Commission required
a) confirmation that no
restrictions were
introduced on the trading
of water access
entitlement, except where
consistent with the Basin
Plan water trading rules
(a) Statement by state that
action has not occurred
Sources include trade working
group, media releases,
jurisdictional websites and
gazettes.
(b) confirmation that no action
has been taken to impede
Commonwealth measures
to acquire water for
environmental purposes
b) Statement by state that
action has not occurred
Confirming source: DSEWPaC
(c) confirmation that
applications for water
entitlement and allocation
trades to which the
Commonwealth was a
party were processed
consistent with the agreed
service standards for trade
processing times for state
approval agencies
(c) Statement by state that
service standards have been
adhered to, supported by a
list of trades and the times
taken to process those
trades
Confirming sources: DSEWPaC
and CEWH
(d) specification of
entitlements in regulated
surface water systems,
(d) Provision by state of a list of
systems where this applies,
accompanied by a statement
Review by NWC of entitlement
characteristics in areas
nominated by the state as being
DSEWPaC to assess
2) The state has supported the
Commonwealth in bridging the
gap, as measured by:
Confirming sources: DSEWPaC
and the MDBAa
Murray–Darling Basin National Partnership Agreement: 38
milestone assessments for year ending 30 June 2013
consistent with clauses 28
to 32 of the NWI in the
timeframe agreed in the
IGAb, unless where
otherwise agreed
3) Following publication of the
Constraints Management
Strategy by the MDBA,
confirmation that any actions
taken by the state to remove
or address constraints are
consistent with the measures
agreed through the interjurisdictional governance
procedure for the SDL
adjustment mechanism
that identifies which of those
regulated systems have
entitlements that are
consistent with the
provisions of clauses 28–32
of the NWI
consistent with the NWIc
Not assessable until after the
Constraints Management
Strategy has been published by
the MDBA (due at the end of
November 2013).
No assessment in 2013
(a) Except as otherwise
agreed between the
Commonwealth and the
relevant state to facilitate
improved environmental
watering, confirmation that
the characteristics of
licensed entitlements held
for environmental use
have not been enhanced
or diminished relative to
like entitlements held and
used for other purposes
(a) Statement by state that
action has not occurred
Sources include announcements
by jurisdiction ministers, media
releases, jurisdictional websites
and gazettes. Not necessarily
public information.
(b) Where feasible and agreed
by the relevant basin state,
and where associated
third-party impacts have
been considered,
confirmation that
measures have been
implemented to facilitate
the use of environmental
water by protecting
environmental water instream and on land
through:
(b) Not assessable until an
agreement has been made.
None was made during
2012–13.
4) The state has cooperated in
arrangements for Basin Plan
environmental watering, as
measured by:
Confirming source: DSEWPaC
As no agreement has been
made, there is no assessment
in 2013
(i) the delivery of held
environmental water instream though
arrangements such as
Murray–Darling Basin National Partnership Agreement: 39
milestone assessments for year ending 30 June 2013
water shepherding to
facilitate environmental
flows
(ii) further use of
environmental water at
multiple locations along
the river, such as
through return flow
provisions
(c) confirmation that the
MDBA has been provided
with annual environmental
watering priorities,
consistent with the Basin
Plan
Statement by state that annual
environmental watering priorities
have been provided, supported
by copy of priorities provided if
not public, or link to location if
public.
Jurisdictional websites and the
MDBA website
(d) confirmation that the
management and delivery
of planned and held
environmental water is
consistent with the Basin
Plan; including:
(d) The basin plan requires this
to be reported to the MDBA
by 1 October for the prior
watering year under
clauses 13.14 and 8.44 of
the Basin Plan.
This information may be
published on jurisdiction
websites.
(a) the Environmental
Watering Plan’s
principles to be applied
to environmental
watering
(b) that a statement of
reasons has been
provided to the MDBA
for any environmental
watering that was not
in accordance with the
annual basin
environmental watering
priorities
(e) confirmation that
environmental watering in
regulated catchments has
occurred having regard to
the views of local
communities and persons
materially affected by the
management of
environmental water
Confirming sources: DSEWPaC
and MDBA if not public
Confirming sources: DSEWPaC
and MDBA if not public.
For 2013, where a report to the
MDBA has not yet been made, a
statement by the state that
confirms that the management
and delivery of planned and held
environmental water were
consistent with the Basin Plan
and outlines reasons for
inconsistencies.
Where a report has been
provided to the MDBA, a
statement by the state that
confirms that the management
and delivery of planned and held
environmental water was
consistent with the Basin Plan,
with a copy of the material
provided either linked to or
attached.d
(e) Statement by the state that:

identifies all environmental
watering events (including
CEWH-held water)
undertaken during the year

outlines the process for
determining the views of
local communities and
persons materially affected
by the management of
Confirming sources: DSEWPaC
(drawing on material from
DSEWPaC and CEWH) and the
MDBA on coordinated planning,
delivery and monitoring of
watering events undertaken in
conjunction with states.
This information may form part
of reporting provided to the
MDBA under (d), and so may
also be published on jurisdiction
Murray–Darling Basin National Partnership Agreement: 40
milestone assessments for year ending 30 June 2013
environmental water, and
how those were considered
in undertaking watering.e
(f) 12 months after the MDBA
has made the Basin-wide
Environmental Watering
Strategy, or within another
timeframe agreed between
the MDBA and a basin
state, confirmation that
long-term environmental
watering plans for surface
water resource plan areas
have been developed
consistent with the
requirements of the Basin
Plan
5) For New South Wales, Victoria
and South Australia only, the
state has provided a brief
description of supply measure
projects for which feasibility
and business cases are being
developed for consideration
under the SDL adjustment
mechanism.
websites.
(f) Not assessable in 2013
No assessment in 2013
Confirmed by the state and copy
provided.
Confirming source: DSEWPaC
Notes
a While the trading rules do not take effect until July 2014, this is still assessable in 2013 to the extent that rules may
be introduced before then that will be inconsistent with the trade rules once they take effect.
b See clause 3.4 (d) of the NPA. Parties must, in regulated surface water systems, specify entitlements consistent
with clauses 28 to 32 of the NWI within three years of the agreement, unless otherwise agreed.
c Extract from the NWI:
28.
The consumptive use of water will require a water access entitlement, separate from land, to be described
as a perpetual or open-ended share of the consumptive pool of a specified water resource, as determined
by the relevant water plan (paragraphs 36 to 40 refer), subject to the provisions at paragraph 33.
29.
The allocation of water to a water access entitlement will be made consistent with a water plan (paragraph
36 refers).
30.
Regulatory approvals enabling water use at a particular site for a particular purpose will be specified
separately to the water access entitlement, consistent with the principles set out in Schedule D.
31.
Water access entitlements will:
i)
specify the essential characteristics of the water product;
ii)
be exclusive;
iii)
be able to be traded, given, bequeathed or leased;
iv)
be able to be subdivided or amalgamated;
v)
be mortgageable (and in this respect have similar status as freehold land when used as collateral
for accessing finance);
vi)
be enforceable and enforced; and
vii)
be recorded in publicly-accessible reliable water registers that foster public confidence and state
unambiguously who owns the entitlement, and the nature of any encumbrances on it
(paragraph 59 refers).
32.
Water access entitlements will also:
i)
clearly indicate the responsibilities and obligations of the entitlement holder consistent with the
water plan relevant to the source of the water;
ii)
only be able to be cancelled at Ministerial and agency discretion where the responsibilities and
obligations of the entitlement holder have clearly been breached;
iii)
be able to be varied, for example to change extraction conditions, where mutually agreed between
the government and the entitlement holder; and
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iv)
be subject to any provisions relating to access of water during emergencies, as specified by
legislation in each jurisdiction.
Extract from NWI Schedule A: Timeline for implementation of key actions
d
Key actions
Date
IGA paragraphs
Responsibility

Water access entitlements to
immediate
28–34
States
be defined and implemented
Extract from the Basin Plan:
8.44
Reporting required where Basin annual environmental watering priorities not followed
(1)
If a person undertakes environmental watering other than in accordance with the Basin annual
environmental watering priorities, that person must give to the Authority a statement of reasons
why environmental watering has not been undertaken in accordance with the Basin annual
environmental watering priorities.
Note: See section 25D of the Acts Interpretation Act 1901 for content required in a statement of
reasons.
(2)
The person must give the statement to the Authority as soon as practicable, but in any event within
4 months after the end of the water accounting period in which the environmental watering was
undertaken.
Note: This aligns with the period by which an annual report must be produced on the
implementation of the environmental management framework. See section 13.14 and item 10 of
the table in Schedule 12.
13.14 Reporting requirements for Basin States, the Department etc.
(1)
For each matter listed in Schedule 12, each reporter listed for the matter must, for each reporting
period and by the reporting day, produce a report (including data) on the matter as at the end of
the reporting period.
(2)
If the reporter is not the Authority, the reporter must, by the reporting day, give the report to the
Authority.
Note: The Authority is required to publish copies of all reports: see section 13.22.
Extract from Schedule 12 of the Basin Plan:
Item
Matter
Reporter
Category
Chapter
Environmental watering plan
e
7
The achievement of environmental
outcomes at a Basin scale, by reference
to the targets in Schedule 7.
Authority, CEWH
5 yearly
Chapter 8
8
The achievement of environmental
outcomes at an asset scale.
Basin States
5 yearly
Chapter 8
9
The identification of environmental water
and the monitoring of its use.
Basin States,
CEWH, Authority
Annual, subject to
s13.15
Chapter 8
10
The implementation of the environmental
management framework (Part 4 of
Chapter 8).
Basin States,
CEWH, Authority
Annual, subject to
s13.15
Chapter 8
Extracts from the IGA:
5.1
The Parties agree that their environmental water holders and managers will work collaboratively, in close
consultation and where appropriate by agreement, in exercising their responsibilities in accordance with
the Basin Plan Environmental Watering Plan, and have regard to the Basin annual environmental watering
priorities, as prepared by the MDBA.
8.2
The Parties agree to use existing Basin State frameworks and community based networks, including
indigenous community networks, and other mechanisms as required to draw on expertise in the
management of environmental water.
8.3
The Parties agree to build on these existing arrangements in order to strengthen the involvement of local
communities in the implementation of the Basin Plan and associated water reform. In determining the
necessity and appropriateness of changes, the Parties will consider the relevant requirements of
participation in Basin environmental watering planning processes, and mechanisms to support
transparency and accountability.
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milestone assessments for year ending 30 June 2013
References
ACT Government 2013, ACT response against relevant assessment criteria for 2013 assessment,
ACT Government, Canberra.
DEWNR (Department of Environment, Water and Natural Resources) 2012, 2012–13 Annual
Environmental Watering Plan for the South Australian River Murray, Adelaide.
GHD 2012, Belsar and Yungera Island Floodplain complex feasibility investigation and concept design:
final report, Mildura.
SA Govt 2012, The Riverine Recovery Project, South Australian Government, Adelaide.
SA Govt 2013, 2013 Statement of Assurance: National Partnership Agreement on Implementing Water
Reform in the Murray–Darling Basin, South Australian Government, Adelaide.
MDBA 2012, The Living Murray: planned works on the Chowilla floodplain, MDBA, Adelaide.
VEWH (Victorian Environmental Water Holder) 2012, Seasonal Watering Plan 2012–13, VEWH,
Melbourne.
VEWH (Victorian Environmental Water Holder) 2013, Seasonal Watering Plan 2013–14, VEWH,
Melbourne.
Vic. Govt 2013, 2012–13 Statement of Assurance: National Partnership Agreement on Implementing
Water Reform in the Murray–Darling Basin, Victorian Government, Melbourne.
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milestone assessments for year ending 30 June 2013
Abbreviations and acronyms
ACT
Australian Capital Territory
CEWH
Commonwealth Environmental Water Holder
DSEWPaC
Department of Sustainability, Environment, Water, Population and Communities
IGA
Intergovernmental Agreement on Implementing Water Reform in the Murray–Darling
Basin
MDBA
Murray–Darling Basin Authority
NPA
National Partnership Agreement on Implementing Water Reform in the Murray–
Darling Basin
NWI
National Water Initiative
SDL
sustainable diversion limit
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