Murray–Darling Basin National
Partnership Agreement:
milestone assessment for New
South Wales and Queensland
Report for assessment period ending 30 June
2013
© Commonwealth of Australia 2013
This publication is available for your use under a Creative Commons Attribution 3.0 Australia licence,
with the exception of the Commonwealth Coat of Arms, the National Water Commission logo and where
otherwise stated. The full licence terms are available from http://creativecommons.org/licenses/bync/3.0/au/
Use of National Water Commission material under a Creative Commons Attribution 3.0 Australia licence
requires you to attribute the work in all cases when reproducing or quoting any part of a Commission
publication or other product (but not in any way that suggests that the Commonwealth or the National
Water Commission endorses you or your use of the work).
Please see the National Water Commission website copyright statement
http://www.nwc.gov.au/copyright for further details.
Other uses
Enquiries regarding this licence and any other use of this document are welcome at:
Communication Director
National Water Commission
95 Northbourne Avenue Canberra ACT 2600
Email: bookshop@nwc.gov.au
ISBN: 978-1-922136-37-4
Murray–Darling Basin National Partnership Agreement: milestone assessment for New South Wales
and Queensland. Report for assessment period ending 30 June 2013
June 2014
Published by the National Water Commission
95 Northbourne Avenue
Canberra ACT 2600
Tel: 02 6102 6000
An appropriate citation for this publication is:
National Water Commission 2014, Murray–Darling Basin National Partnership Agreement: milestone
assessment for New South Wales and Queensland. Report for assessment period ending 30 June
2013, NWC, Canberra
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
2
Letter of transmission from Commission Chair
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
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
8
1.5
Additional information
8
2
Assessment for New South Wales
9
2.1
Summary of findings
9
2.2
Bridging the gap
10
2.3
Implementation of the Constraints Management Strategy
12
2.4
Cooperation in environmental watering
12
2.5
Supply measures projects
15
3
Assessment for Queensland
16
3.1
Summary of findings
16
3.2
Bridging the gap
17
3.3
Implementation of the Constraints Management Strategy
18
3.4
Cooperation in environmental watering
18
3.5
Supply measures projects
20
Appendix 1 Ministerial letter of referral
21
Appendix 2 Extract from the NPA outlining the Commission’s role
23
Appendix 3 Schedule A to the National Partnership Agreement on
Implementing Water Reform in the Murray–Darling Basin
24
Appendix 4 Statement of assurance transmission letters
28
Appendix 5 Assessment expectations
30
References
37
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
4
Abbreviations and acronyms
38
Tables
Table 2.1: Summary of findings for New South Wales
9
Table 2.2: Volume of surface water per valley that could be traded for environmental purposes.
11
Table 3.1: Summary of findings for Queensland
16
Table A5.1: Assessment expectations
30
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
5
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.’
The Australian Capital Territory (ACT) and South Australia signed the IGA on 6 and 27 June
2013 respectively.
Alongside the Water Act, the IGA furthers the objectives of the National Water Initiative (NWI)
for the Murray–Darling Basin (NWI paragraph 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).
Queensland and New South Wales became signatories to the IGA and an amended NPA on
23 and 27 February 2014 respectively. Victoria, South Australia and the Australian Capital
Territory reaffirmed their commitment by agreeing to sign the amended NPA. The amendment
allows New South Wales and Queensland to be eligible to receive all 2013-14 NPA funding.
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
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
6
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.’
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 Commonwealth Minister with portfolio responsibility for
water in relation to basin state performance against milestones outlined in Schedule A for the
2012–13 assessment period, 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. Our role in relation to the NPA is to assess performance only.
1.3
Assessment approach
In conducting our assessment, we have engaged and consulted with Australian Government
agencies, including the Department of the Environment (DotE) and the Murray–Darling Basin
Authority (MDBA), and the participating basin states.
Each state was required to provide a statement of assurance to the Commission
(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.
DotE and state agencies were given an opportunity to comment and provide feedback before
we finalised the report.
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
7
1.4
Focus of assessments
Our assessment addresses milestone progress made by the basin states during the
assessment 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.
1.5
Additional information
Murray Darling Basin Authority
The MDBA has 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.
Department of the Environment
DotE 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 milestone commitments were not met by Queensland.
DotE has provided a statement on New South Wales’ performance which identifies two
instances of non-compliance. These are in relation to milestone commitments 2(a)
confirmation that no restrictions were introduced on the trade of water access entitlement,
except where consistent with the Basin Plan water trading rules; and 2(b) confirmation that no
action has been taken to impede Commonwealth measures to acquire water for
environmental purposes. As NSW introduced a 3% limit on the purchase of water licences for
environmental purchases, DotE considered this to represent a breach of the milestone
commitments.
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
8
2
Assessment for New South Wales
2.1
Summary of findings
Findings for New South Wales 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 New South Wales
National Partnership commitments
Assessment summary
Finding
2) The state has supported the
Commonwealth in bridging the
gap

New South Wales did introduce a
restriction on the trade of water
access entitlements, by setting a
limit on buybacks for
environmental purposes.
Commitment partially
met

New South Wales did take action
to impede Commonwealth
measures to acquire water for
environmental purposes by
introducing a limit on buybacks for
environmental purposes.

Applications for water entitlement
and allocation trades were
processed consistent with the
agreed service standards for trade
processing times.

New South Wales entitlements in
regulated surface water systems
are consistent with the provisions
of NWI clauses 28–32.
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
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
Not assessable
in 2013
9
National Partnership commitments
Assessment summary
Finding
4) The state has cooperated in
arrangements for Basin Plan
environmental watering

New South Wales did not
enhance or diminish licence
entitlements held for
environmental use relative to like
entitlements held and used for
other purposes during 2012–13.
Commitment met

New South Wales has provided
annual environmental watering
priorities, consistent with the Basin
Plan, to the Authority.

Environmental watering has
occurred having regard to the
views of local communities and
persons materially affected by the
management of environmental
water.

New South Wales has provided a
brief description of supply
measure projects.
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.
2.2
Commitment met
Bridging the gap
Expectations
The Commission expected to see that New South Wales had 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: milestone assessment
for New South Wales and Queensland
10
Findings
New South Wales has partially met this commitment.

New South Wales did introduce restrictions on the trading of water access entitlements for
environmental purposes.

It did take 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.

New South Wales entitlements in regulated surface water systems are consistent with the
provisions of NWI clauses 28–32.
Restrictions on trade
New South Wales’ statement of assurance stated that, in the period since the approval of the
Basin Plan on 22 November 2012, it did introduce a limit on buybacks for environmental
purposes in January 2013 (New South Wales Govt 2014). This was a limit of 3% of the
baseline diversion limit per valley over a ten year period.
New South Wales provided information (see Table 2.2) in their statement of assurance
showing that during 2012-13 this restriction had no material effect on the Commonwealth’s
purchasing strategy, that is, in no valley had the limit been reached (New South
Wales Govt 2014).
Table 2.2: Volume of surface water per valley that could be traded for environmental purposes.
NSW Valley
Baseline
Diversion
Limit
3% of Baseline
Diversion Limit
Volume of surface
water that could still
be traded for
environmental
purposes
Intersecting streams
114
3.42
3.42
Barwon Darling
198
5.94
5.94
NSW Border Rivers
302
9.06
9.05
Gwydir
450
13.5
13.50
Namoi
508
15.24
15.07
MacquarieCastlereagh
734
22.02
21.66
Lachlan
619
18.57
18.32
Murrumbidgee
2501
75.03
70.31
NSW Murray
1812
54.36
45.37
Lower Darling
60.5
1.81
1.48
(Source: New South Wales Govt 2014)
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
11
New South Wales’ statement of assurance also stated that the 3% limit was repealed on 24
February 2014 consistent with New South Wales agreement to sign the IGA and NPA.
Any other restrictions in trade were as a result of delivery constraints as per the New South
Wales water sharing plans and therefore consistent with the Basin Plan trading rules.
Specifically in relation to the Basin Plan water trading rules that take effect on 1 July 2014, the
MDBA was not actively considering restrictions that may not be allowable under those rules
during the 2012-13 assessment period.
Commonwealth measures to acquire water
As noted above, New South Wales stated in its statement of assurance that action had been
taken to impede Commonwealth measures to acquire water for environmental purposes
during the 2012–13 assessment period. We note, as described above, that this restriction had
no material effect on the Commonwealth’s purchasing strategy, that is, in no valley had the
limit been reached. We also note the repeal of the limit by the New South Wales Minister.
Processing times for trades
New South Wales met the agreed service standards for water trades to which the Commonwealth was a
party.
NWI-consistent entitlements
New South Wales water access entitlements in all major surface water regulated water supply systems
are consistent with the provisions of clauses 28–32 of the NWI.
2.3
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 draft Constraints Management Strategy was released by the MDBA in October 2013.
2.4
Cooperation in environmental watering
Expectations
The Commission expected to see that New South Wales had cooperated in arrangements for
Basin Plan environmental watering 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 New South Wales, 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:
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
12
-



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:
- undertaking environmental watering consistent with the Environmental
Watering Plan
- providing a statement of reasons 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 New South
Wales, 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
New South Wales has met this commitment.

New South Wales did not enhance or diminish licence entitlements held for
environmental use relative to like entitlements held and used for other purposes during
2012–13.

New South Wales provided its Annual Environmental Watering Priorities for 2013-14,
consistent with the Basin Plan, to the MDBA in May 2013.

Environmental watering has occurred having regard to the views of local communities
and persons materially affected by the management of environmental water.
Characteristics of licensed entitlements
New South Wales statement of assurance confirmed 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 (New South Wales Govt 2014). No relevant amendments were made to New
South Wales legislation or subordinate legislation during the assessment period to result in changes to
the characteristics of water held for environmental purposes.
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 instream and on land through:

the delivery of held environmental water in-stream though arrangements such as water
shepherding to facilitate environmental flows
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
13

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
Consistent with this requirement, New South Wales submitted its Annual Environmental
Watering Priorities for 2013–14 to the MDBA in May 2013 (New South Wales Govt 2014). The
following annual watering priorities are available on the website of the New South Wales
Office of Environment and Heritage in the managing environmental water section1:





Gwydir
Macquarie
Lachlan
Murrumbidgee
Murray and Lower Darling.
New South Wales has outlined in its statement of assurance that the Annual Environmental
Watering Priorities for 2013–14 submitted to the MDBA were derived from annual
environmental watering plans (New South Wales Govt 2014).
New South Wales’ statement of assurance confirms that the management and delivery of
environmental water in the New South Wales Murray–Darling Basin is consistent with Basin
Plan environmental watering principles (New South Wales Govt 2014).
Consultation on environmental watering
New South Wales’ statement of assurance states that in the management of environmental
water a variety of tools to support its decision-making are used, including expert advice from
research organisations, valley based Environmental Water Advisory Groups and other
agencies, such as Catchment Management Authorities, NSW Office of Water and State
Water Corporation.
The New South Wales Environmental Water Advisory Groups play an important role in
providing the New South Wales Government with advice on environmental water
management activities and provide a unique forum for drawing on expert knowledge,
including local knowledge and expertise (New South Wales Govt 2014).
At present there are three statutory Environmental Water Advisory Groups2:



Gwydir Environmental Contingency Allowance Operations Advisory Committee
Macquarie and Cudgegong Environmental Flow Reference Group
Murrumbidgee Environmental Water Allowance Reference Group
1
See section titled ‘Planning framework for environmental water’
‘http://www.environment.nsw.gov.au/environmentalwater/watermanagementplanning.htm
See section titled ‘Environmental water advisory groups’
http://www.environment.nsw.gov.au/environmentalwater/WaterAdvisoryGroups.htm
2
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
14
and two non-statutory EWAGs:


Lachlan Riverine Working Group
Murray Lower Darling Environmental Water Advisory Group
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 2014, 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
New South Wales has met this commitment.

New South Wales 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.
New South Wales’ statement of assurance states that on July 10 2013 New South Wales
supplied the MDBA with a preliminary list of potential supply measure projects. With the
signing of the IGA, New South Wales advises it is progressing work on assessing the
feasibility of appropriate short listed proposals.
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
15
3
Assessment for Queensland
3.1
Summary of findings
Findings for Queensland 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 Queensland
National Partnership commitments
Assessment summary
Finding
2) The state has supported the
Commonwealth in bridging the
gap

Queensland did not introduce any
restrictions or suspensions on the
trading of water access
entitlements.
Commitment met

Queensland 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.

Queensland entitlements in
supplemented (regulated) surface
water systems are consistent with
the provisions of NWI clauses 28–
32.
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

Queensland did not enhance or
diminish licence entitlements held
for environmental use relative to
like entitlements held and used for
other purposes during 2012–13.
Commitment met

Queensland has provided annual
environmental watering priorities,
consistent with the Basin Plan, to
the Authority.
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
16
National Partnership commitments
Assessment summary

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
Finding
Environmental watering has
occurred having regard to the
views of local communities and
persons materially affected by the
management of environmental
water.
Not assessed
Not applicable to
Queensland
Bridging the gap
Expectations
The Commission expected to see that Queensland had 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.
Findings
Queensland has met this commitment.

Queensland 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.

Queensland entitlements in supplemented (regulated) surface water systems are
consistent with the provisions of NWI clauses 28–32.
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
17
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.
Queensland’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 (Queensland Govt 2013).
Commonwealth measures to acquire water
Queensland 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
(Queensland Govt 2013).
Processing times for trades
Queensland recorded 100% compliance against the agreed service standards for water trades to which
the Commonwealth was a party.
NWI-consistent entitlements
Queensland water access entitlements in all major surface water supplemented (regulated) water supply
systems are consistent with the provisions of clauses 28–32 of the NWI.
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 draft Constraints Management Strategy was released by the MDBA in October 2013.
3.4
Cooperation in environmental watering
Expectations
The Commission expected to see that Queensland had 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 Queensland, 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
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
18
-



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:
- undertaking environmental watering consistent with the Environmental
Watering Plan
- providing a statement of reasons 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 Queensland,
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
Queensland has met this commitment.

Queensland did not enhance or diminish licence entitlements held for environmental
use relative to like entitlements held and used for other purposes during 2012–13.

Queensland provided its Annual Environmental Watering Priorities for 2013-14,
consistent with the Basin Plan, to the MDBA on 31 May 2013.

Environmental watering has occurred having regard to the views of local communities
and persons materially affected by the management of environmental water.
Characteristics of licensed entitlements
Queensland’s statement of assurance confirmed 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 (Queensland Govt 2013). No relevant
amendments were made to Queensland’s legislation or subordinate legislation during the
assessment period to result in changes to the characteristics of water held for environmental
purposes.
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 instream 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: milestone assessment
for New South Wales and Queensland
19
Annual environmental watering priorities
Consistent with this requirement, Queensland submitted its Annual Environmental Watering Priorities for
2013-14 to the MDBA on 31 May 2013 (Queensland Govt 2013). The annual watering priorities are
available on the website of the Queensland government in the Basin Plan section. 3
Queensland has outlined in its statement of assurance that the Annual Environmental
Watering Priorities for 2013-14 submitted to the MDBA address the Basin Plan principles for
environmental watering (Queensland Govt 2013). Queensland Water Resource Plans
(WRPs) and Resource Operation Plans (ROPs) are developed in accordance with the
Queensland Water Act 2000 which provides for the sustainable management of water
resources and commits to the principles of ecologically sustainable development.
Consultation on environmental watering
Queensland’s statement of assurance maintains that environmental watering is undertaken in
accordance with state-based WRPs and ROPs. Queensland has stated that, in developing
these plans, extensive stakeholder consultation was undertaken. Stakeholder groups listed as
being included in the development of WRPs and ROPs include:





water users
water infrastructure operators
relevant interest groups
other jurisdictions
Commonwealth Environmental Water Office
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 2014, 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

3
Not applicable to Queensland
See the section titled ‘Basin Plan’ at http://www.nrm.qld.gov.au/qmdb/basin-plan/index.html.
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
20
Appendix 1 Ministerial letter of referral
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
21
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
22
Appendix 2 Extract from the NPA outlining the
Commission’s role
19.
20.
The Head of the Basin State water agency will submit the first annual Statement of Assurance to the
NWC (the Assessor) by 28 February 2014, covering the period of the 2012-13 financial year. For every
assessment period thereafter, the Head of the Basin State water agency will submit an annual
Statement of Assurance to the NWC by 31 August (or the first working day thereafter).
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)
(d)
state which milestones identified as not achieved in preceding years have been achieved; and
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
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.
In relation to the initial (2013-14) contribution for supply measures, by 28 February 2014, 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.
(e)
21.
22.
(a)
(b)
23.
24.
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:
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
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.
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.
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 4.
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.
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.
4
In the case of 2012-13 Assessment Reports for New South Wales and Queensland, these will be provided
by the Assessor by 30 April 2014.
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
23
Appendix 3 Schedule A to the National Partnership
Agreement on Implementing Water Reform in the
Murray–Darling Basin
1.
The Parties agree to meet the performance milestones set out in Schedule A - Table A.
Schedule A - Table A: Performance Milestones
Date Due
Milestones
Proportion
of annual
payment
2013-14 only
By 28
February
2014 (or
first
working
day
thereafter)
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.
100% of
Payment 1
for 2013-14
(Table 1
refers)
2013-14 only
By 28
February
2014 (or
first
working
day
thereafter)
2. The State has supported the Commonwealth in Bridging the Gap, as
measured by:
(a) confirmation that no restrictions were introduced on the trade of water
access entitlement, except where consistent with the Basin Plan
water trading rules; and
(b) confirmation that no action has been taken to impede Commonwealth
measures to acquire water for environmental purposes; and
(c) confirmation that applications for water entitlement and allocation
trades, to which the Commonwealth is a party, were processed
consistent with the agreed service standards relating to trade
processing times for State approval agencies; and
(d) specification of entitlements in regulated surface water systems,
consistent with clauses 28 to 32 of the National Water Initiative in the
timeframe agreed in the IGA, unless where otherwise agreed; and
100% of
Payment 2
for 2013-14
(Table 1
refers)
3. Following publication of the Constraints Management Strategy by the
Authority, confirmation that any actions taken by the state to remove or
address constraints are consistent with the measures agreed through the
inter-jurisdictional governance procedure for the SDL adjustment mechanism;
and
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
24
Date Due
Milestones
Proportion
of annual
payment
4. The State has cooperated in arrangements for Basin Plan environmental
watering, as measured by:


(a) Except as otherwise agreed between the Commonwealth and the
relevant State(s) 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; and
(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 in-stream and
on land through:
(i) the delivery of held environmental water in-stream though
arrangements such as water shepherding to facilitate environmental
flows; and
(ii) further use of environmental water at multiple locations along the
river, such as through return flow provisions; and
(c) confirmation that the Authority has been provided with annual
environmental watering priorities, consistent with the Basin Plan; and
(d) confirmation that the management and delivery of planned and held
environmental water is consistent with the Basin Plan; including:
a. the environmental watering plan’s Principles to be applied to
environmental watering; and
b. that a statement of reasons has been provided to the
Authority for any environmental watering undertaken that
was not in accordance with the Basin annual environmental
watering priorities; and
(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; and
(f) 12 months after the Authority has made the Basin-wide
Environmental Watering Strategy, or within another timeframe agreed
between the Authority and 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; and
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.
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
25
Date Due
Milestones
Proportion
of annual
payment
2014-15 to 2019-20
By 31
August
2014,
2015,
2016,
2017,
2018
and2019
(or first
working
day
thereafter)
6. The State has supported the Commonwealth in Bridging the Gap, as
measured by:
100%
(a) after the Basin Plan Trade Rules come into effect, confirmation of the
removal of volumetric or other barriers to permanent trade out of
water irrigation areas that are inconsistent with the Basin Plan water
trading rules; and
(b) confirmation that no restrictions were introduced on the trade of water
access entitlements, except where consistent with the Basin Plan
water trading rules; and
(c) confirmation that no action has been taken to impede Commonwealth
measures to acquire water for environmental purposes, except where
consistent with the Basin Plan water trading rules; and
(d) confirmation that applications for water entitlement and allocation
trades, to which the Commonwealth is a party, were processed
consistent with the agreed service standards relating to trade
processing times for State approval agencies; and
(e) specification of entitlements in regulated surface water systems,
consistent with clauses 28 to 32 of the National Water Initiative in the
timeframe agreed in the IGA, unless where otherwise agreed; and

7. Following publication of the Constraints Management Strategy by the
Authority, confirmation that any actions taken by the state to remove or
address constraints are consistent with the measures agreed through the
inter-jurisdictional governance procedure for the SDL adjustment mechanism.
8. The State has cooperated in arrangements for Basin Plan environmental
watering, as measured by:


(a) Except as otherwise agreed between the Commonwealth and the
relevant State(s) 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
(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 in-stream and
on land through:
(i) the delivery of held environmental water in-stream though
arrangements such as water shepherding to facilitate environmental
flows; and
(ii) further use of environmental water at multiple locations along the
river, such as through return flow provisions; and
(c) confirmation that the Authority has been provided with annual
environmental watering priorities, consistent with the Basin Plan; and
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
26
Date Due
Milestones
Proportion
of annual
payment
(d) confirmation that the management and delivery of planned and held
environmental water is consistent with the Basin Plan; including:
a. the environmental watering plan’s Principles to be applied to
environmental watering; and
b. that a statement of reasons has been provided to the
Authority for any environmental watering undertaken that
was not in accordance with the Basin annual environmental
watering priorities; and
(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; and
(f) 12 months after the Authority has made the Basin-wide
Environmental Watering Strategy, or within another timeframe agreed
between the Authority and 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.
9. For New South Wales, Victoria and South Australia only, and for 2014 -15
and 2015-16 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.
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
27
Appendix 4 Statement of assurance transmission
letters
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
28
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
29
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 DotE
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
DotE to assess
2) The state has supported
the Commonwealth in
bridging the gap, as
measured by:
Confirming sources: DotE and
the MDBAa
Confirming source: DotE
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
30
National Partnership
commitments
Expectations
Third-party sources of
verification information for
Commission’s assessment
(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: DotE and
CEWH
(d) specification of
entitlements in
regulated surface water
systems, consistent with
clauses 28 to 32 of the
NWI in the timeframe
agreed in the IGAb,
unless where otherwise
agreed
(d) Provision by state of a list
of systems where this
applies, accompanied by
a statement that identifies
which of those regulated
systems have
entitlements that are
consistent with the
provisions of clauses 28–
32 of the NWI
Review by NWC of entitlement
characteristics in areas
nominated by the state as being
consistent with the NWIc
Not assessable as the draft
Constraints Management
Strategy was published by the
MDBA in October 2013.
No assessment in 2013
(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.
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
4) The state has cooperated
in arrangements for Basin
Plan environmental
watering, as measured by:
(a) Except as otherwise
agreed between the
Commonwealth and the
relevant state to
facilitate improved
environmental watering,
confirmation that the
Confirming source: DotE
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
31
National Partnership
commitments
Expectations
Third-party sources of
verification information for
Commission’s assessment
(b) Not assessable until an
agreement has been
made. None was made
during 2012–13.
As no agreement has been
made, there is no assessment
in 2013
(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
(d) The basin plan requires
this to be reported to the
MDBA by 1 October for
the prior watering year
This information may be
published on jurisdiction
websites.
characteristics of
licensed entitlements
held for environmental
use have not been
enhanced or diminished
relative to like
entitlements held and
used for other purposes
(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:
(i) the delivery of held
environmental water
in-stream though
arrangements such
as water
shepherding to
facilitate
environmental flows
(ii) further use of
environmental water
at multiple locations
along the river, such
as through return
flow provisions
Confirming sources: DotE and
MDBA if not public
Confirming sources: DotE and
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
32
National Partnership
commitments
Expectations
water is consistent with
the Basin Plan;
including:
(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
under clauses 13.14
and 8.44 of the Basin
Plan.
Third-party sources of
verification information for
Commission’s assessment
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) 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
(e) Statement by the state
that:
(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
(f) Not assessable in 2013

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
environmental water, and
how those were considered
in undertaking watering.e
Confirming sources: DotE
(drawing on material from DotE
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
websites.
No assessment in 2013
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
33
National Partnership
commitments
Expectations
Third-party sources of
verification information for
Commission’s assessment
Confirmed by the state and copy
provided.
Confirming source: DotE
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.
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
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
34
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
Key actions
Date
IGA paragraphs
Responsibility

immediate
28–34
States
Water access
entitlements to be
defined and implemented
d
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.
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
35
8.2
8.3
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.
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.
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
36
References
New South Wales Govt 2014, Statement of Assurance 2013–14 (covering the preceding year
2012-13), New South Wales Government, Sydney.
Queensland Govt 2013, Statement of Assurance 2013–14 (covering the preceding year 201213), Queenland Government, Brisbane.
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
37
Abbreviations and acronyms
ACT
Australian Capital Territory
CEWH
Commonwealth Environmental Water Holder
DotE
Department of the Environment
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
ROP
resource operations plan
SDL
sustainable diversion limit
WRP
water resource plan
Murray–Darling Basin National Partnership Agreement: milestone assessment
for New South Wales and Queensland
38