Summary

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The majority voted in favour of a motion introduced by SA Senator Rex Patrick (Centre Alliance), which means it was successful.

Motion text

That the Senate:

(a) notes that transparency, in relation to the Murray-Darling Basin Plan and its implementation, is critical to public confidence; and

(b) orders there be laid on the table, by the Minister representing the Minister for Agriculture and Water Resources, by 23 August 2018:

(i) advices requested in a letter from the Murray-Darling Basin Royal Commission to the Department of Agriculture and Water Resources of 3 May 2018, namely, all prior advice provided to the Department of Agriculture and Water Resources of 3 May 2018, concerning:

(A) the construction and proper interpretation of the Water Act 2007 and the Basin Plan,

(B) the lawfulness of the proposed amendment to the Basin Plan disallowed by the Senate on 6 February 2018,

(C) the lawfulness of the proposed amendment to the Basin Plan disallowed by the Senate on 14 February 2018,

(D) the lawfulness of the adjustment made to the Basin Plan, the subject of a disallowance motion defeated in the Senate on 8 May 2018, and

(E) the constitutional validity of the Water Act 2007 and the Basin Plan,

(ii) all documents, including any minutes of meetings made in accordance with section 196 of the Water Act 2007, evidencing the reasoning behind the change of reductions in diversions required to achieve environmental watering requirements of 3 856 GL (high uncertainty) and 6 983 GL (low uncertainty), down to a reduction in diversions to 2 750 GL in the report, The proposed 'environmentally sustainable level of take' for surface water of the Murray-Darling Basin: Methods and outcomes, dated November 2011, and the Basin Plan, as enacted on 23 November 2012,

(iii) all documents, including any minutes of meetings made in accordance with section 196 of the Water Act 2007, relating to the incorporation of social and economic outcomes into the determination of the long-term average sustainable diversion limit reflecting an environmentally sustainable level of take between 8 October 2010 and 23 November 2012,

(iv) all documents, including any minutes of meetings made in accordance with section 196 of the Water Act 2007, evidencing the further analysis conducted by the Murray-Darling Basin Authority to investigate the ability of alternative SDL options and water recovery strategies to achieve environmental objectives which lead to the adjustment of the recovery target from 2 800 GL to 2 750 GL,

(v) all documents, including any minutes of meetings made in accordance with section 196 of the Water Act 2007, referring to the analysis of the equivalent environmental outcomes as required by section 7.15(1) (c) of the Basin Plan of each of the 36 supply measures,

(vi) record of any agreement to use another method within the meaning of section 7 of the Basin Plan for any of the 36 supply measures, and

(vii) the peer review of the report, Guide to the proposed Basin Plan, dated October 2010.

Votes Passed by a small majority

Nobody rebelled against their party.

Party Votes
Cory Bernardi SA Australian Conservatives Yes
Australian Greens (89% turnout) 8 Yes 0 No
Andrew Bartlett Queensland Yes
Richard Di Natale Victoria Yes
Sarah Hanson-Young SA Yes
Nick McKim Tasmania Yes
Janet Rice Victoria Yes
Rachel Siewert WA Yes
Jordon Steele-John WA Yes
Peter Whish-Wilson Tasmania Yes
Lee Rhiannon NSW Absent
Australian Labor Party (88% turnout) 22 Yes 0 No
Catryna Bilyk Tasmania Yes
Carol Brown Tasmania Yes
Doug Cameron NSW Yes
Kim Carr Victoria Yes
Anthony Chisholm Queensland Yes
Jacinta Collins Victoria Yes
Patrick Dodson WA Yes
Don Farrell SA Yes
Alex Gallacher SA Yes
Kristina Keneally NSW Yes
Chris Ketter Queensland Yes
Gavin Marshall Victoria Yes
Malarndirri McCarthy NT Yes
Claire Moore Queensland Yes
Deborah O'Neill NSW Yes
Helen Polley Tasmania Yes
Louise Pratt WA Yes
Lisa Singh Tasmania Yes
David Smith ACT Yes
Glenn Sterle WA Yes
Anne Urquhart Tasmania Yes
Murray Watt Queensland Yes
Kimberley Kitching Victoria Absent
Jenny McAllister NSW Absent
Penny Wong SA Absent
Centre Alliance (100% turnout) 2 Yes 0 No
Stirling Griff SA Yes
Rex Patrick SA Yes
Nigel Scullion NT Country Liberal Party No
Derryn Hinch Victoria Derryn Hinch's Justice Party Yes
Sue Lines WA Deputy President Yes
Tim Storer SA Independent Yes
Lucy Gichuhi SA Independent No
Steve Martin Tasmania Independent No
Fraser Anning Queensland Katter's Australian Party Yes
David Leyonhjelm NSW Liberal Democratic Party Yes
Liberal National Party (100% turnout) 0 Yes 2 No
Matthew Canavan Queensland No
James McGrath Queensland No
Liberal Party (78% turnout) 0 Yes 18 No
Eric Abetz Tasmania No
Simon Birmingham SA No
Slade Brockman WA No
David Bushby Tasmania No
Michaelia Cash WA No
Richard Colbeck Tasmania No
Jonathon Duniam Tasmania No
David Fawcett SA No
Concetta Fierravanti-Wells NSW No
Mitch Fifield Victoria No
Jane Hume Victoria No
Ian Macdonald Queensland No
Jim Molan NSW No
James Paterson Victoria No
Marise Payne NSW No
Linda Reynolds WA No
Dean Smith WA No
Amanda Stoker Queensland No
Mathias Cormann WA Absent
Lucy Gichuhi SA Absent
Anne Ruston SA Absent
Zed Seselja ACT Absent
Arthur Sinodinos NSW Absent
National Party (100% turnout) 0 Yes 3 No
Bridget McKenzie Victoria No
Barry O'Sullivan Queensland No
John Williams NSW No
Nick Xenophon Team (100% turnout) 2 Yes 0 No
Pauline Hanson's One Nation Party (100% turnout) 2 Yes 0 No
Peter Georgiou WA Yes
Pauline Hanson Queensland Yes
Scott Ryan Victoria President No
Brian Burston NSW United Australia Party Absent
Totals (88% turnout) 42 Yes – 27 No