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senate vote 2021-06-23#14
Edited by
mackay staff
on
2021-07-09 10:14:03
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Title
Bills — Water Legislation Amendment (Inspector-General of Water Compliance and Other Measures) Bill 2021; in Committee- Water Legislation Amendment (Inspector-General of Water Compliance and Other Measures) Bill 2021 - in Committee - Nationals' amendments
Description
<p class="speaker">Rex Patrick</p><p>Noting the amendment moved by the government, I indicate that I don't intend to move my amendments on sheet 1336.</p> <p class="speaker">Bridget McKenzie</p>- The majority voted against [amendments](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6721_amend_ece809ae-7028-4fa3-9762-ddc32fd223ac%22;rec=0) introduced by Victorian Senator and Leader of the Nationals in the Senate, Senator [Bridget McKenzie](https://theyvoteforyou.org.au/people/senate/victoria/bridget_mckenzie), which means the amendments failed.
- Interestingly, these amendments were inconsistent with the Cabinet's views, meaning that the Nationals were breaking with the rest of the Coalition in introducing them.
- ### What does this bill do?
- According to the [bill homepage](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6721), the bill was introduced to:
- > * *establish the role of an independent Inspector-General of Water Compliance to monitor, and provide independent oversight of, water compliance;*
- > * *provide for the Inspector-General's powers and functions; and*
- > * *introduce new offence and civil penalty provisions for unlawful conduct relating to the taking of water and new civil penalties for conduct relating to trading of water rights*
<p>by leave—I move the Nationals amendments on sheet 1300 together:</p><p class="italic">(1) Schedule 2, page 105 (before line 5), before item 1, insert:</p><p class="italic">1A Subsection 1.05(1) (table item dealing with Schedule 5)</p><p class="italic">Repeal the item.</p><p class="italic">(2) Schedule 2, page 105 (after line 30), after item 6, insert:</p><p class="italic">6A Chapter 7 (note to Chapter heading, paragraph beginning "Under Part 2")</p><p class="italic">Omit "that will come into operation by 30 June 2024".</p><p class="italic">6B Chapter 7 (note to Chapter heading, paragraph beginning "An 'efficiency measure' is")</p><p class="italic">Omit "makes savings in the amount of water required for consumptive purposes. Examples include investment in more efficient irrigation infrastructure", substitute "operates to improve environmental outcomes in relation to the Murray Darling Basin (to give effect to Part 2AA of the Act)".</p><p class="italic">6C Section 7.02 (definition of <i>additional efficiency measure</i> )</p><p class="italic">Omit "a measure", substitute "an efficiency measure".</p><p class="italic">6D Section 7.02</p><p class="italic">Insert:</p><p class="italic"><i>additional supply measure</i> means a supply measure that has been notified under subsection 7.12(2A).</p><p class="italic">6E Section 7.02 (definition of <i>affected unit</i> )</p><p class="italic">After "notified measure", insert ", additional supply measure".</p><p class="italic">6F Section 7.04</p><p class="italic">Repeal the section, substitute:</p><p class="italic">7.04 Meaning of efficiency measure</p><p class="italic">An <i>efficiency measure</i> is a measure that operates to improve environmental outcomes in relation to the Murray Darling Basin, to give effect to the object of Part 2AA of the Act (see section 86AA of the Act) and the purposes of the Water for the Environment Special Account in section 86AD of the Act.</p><p class="italic">6G Paragraph 7.09(d)</p><p class="italic">Omit "variability; and", substitute "variability."</p><p class="italic">6H Paragraph 7.09(e)</p><p class="italic">Repeal the paragraph.</p><p class="italic">6J Section 7.09 (notes 1 and 2)</p><p class="italic">Repeal the notes.</p><p class="italic">6K Subsection 7.11(1)</p><p class="italic">Before "additional efficiency measures", insert "additional supply measures and".</p><p class="italic">6L Paragraph 7.11(1)(a)</p><p class="italic">Before "additional efficiency measures", insert "additional supply measures and".</p><p class="italic">6M Subsection 7.11(1) (note 2)</p><p class="italic">Before "additional efficiency measure", insert "additional supply measure or".</p><p class="italic">6N After subsection 7.12(2)</p><p class="italic">Insert:</p><p class="italic"> <i>Notification of additional supply measures</i></p><p class="italic">(2A) The person (the Basin State or Commonwealth) funding or undertaking a supply measure may, after the day this subsection commences but on or before 31 December 2023, notify the Authority of 1 or more supply measures that, in the view of the person, should be taken into account in proposing adjustments under section 7.11.</p><p class="italic">6P Paragraph 7.12(3)(a)</p><p class="italic">Repeal the paragraph.</p><p class="italic">6Q Subsection 7.12(6)</p><p class="italic">Repeal the subsection.</p><p class="italic">6R Subsection 7.12(7)</p><p class="italic">Omit "Subsections (5) and (6) do", substitute "Subsection (5) does".</p><p class="italic">6S Section 7.13</p><p class="italic">Repeal the section, substitute:</p><p class="italic">7.13 Register of measures</p><p class="italic">(1) The Authority must maintain a register of notified measures, additional supply measures and additional efficiency measures.</p><p class="italic">(2) The Authority must publish the register on its website.</p><p class="italic">6T Section 7.14</p><p class="italic">After "notified measures", insert ", additional supply measures".</p><p class="italic">6U Subsection 7.15(1)</p><p class="italic">Omit "the notified measures is the total increase in the SDLs for all the units affected by notified supply measures", substitute "the notified measures and additional supply measures is the total increase in the SDLs for all the units affected by notified supply measures and additional supply measures".</p><p class="italic">6V Subparagraph 7.15(1)(b)(i)</p><p class="italic">After "notified supply measures", insert "and additional supply measures".</p><p class="italic">6W Subsection 7.15(2) (paragraph (b) of the definition of <i>applicable method</i> )</p><p class="italic">Omit "Basin Officials Committee", substitute "Murray Darling Basin Ministerial Council".</p><p class="italic">6X Subsection 7.16(2)</p><p class="italic">Omit all the words after "for each affected unit is", substitute "the amount calculated in accordance with the method determined by the Minister for the purposes of this subsection".</p><p class="italic">6Y After subsection 7.16(2)</p><p class="italic">Insert:</p><p class="italic">(2A) The Minister may, on the advice of the Authority and the Murray Darling Basin Ministerial Council, determine by legislative instrument a method for the purposes of subsection (2).</p><p class="italic">6Z Paragraph 7.17(2)(b)</p><p class="italic">Repeal the paragraph (including the heading), substitute:</p><p class="italic"> <i>Neutral or improved socio economic outcomes and improved environmental outcomes</i></p><p class="italic">(b) The efficiency contributions to the proposed adjustments achieve neutral or improved socio economic outcomes and improved environmental outcomes compared with the outcomes under benchmark conditions of development as evidenced by the socio economic criteria agreed to by the Murray Darling Basin Ministerial Council at the meeting of the Council in December 2018.</p><p class="italic">Note: The socio economic criteria could in 2021 be viewed on the Authority's website (http://www.mdba.gov.au) in the communique of the Murray Darling Basin Ministerial Council meeting published on 14 December 2018.</p><p class="italic">(3) Schedule 2, page 107 (after line 4), at the end of the Schedule, add:</p><p class="italic">21 Schedule 5</p><p class="italic">Repeal the Schedule.</p><p class="italic">22 Transitional rules</p><p class="italic">(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.</p><p class="italic">(2) To avoid doubt, the rules may not do the following:</p><p class="italic">(a) create an offence or civil penalty;</p><p class="italic">(b) provide powers of:</p><p class="italic">(i) arrest or detention; or</p><p class="italic">(ii) entry, search or seizure;</p><p class="italic">(c) impose a tax;</p><p class="italic">(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act or an Act amended by this Act;</p><p class="italic">(e) directly amend the text of this Act or an Act amended by this Act.</p> <p class="speaker">Rex Patrick</p><p>I just wonder whether Senator McKenzie will confirm, noting her position, that—</p><p class="italic">Senator Davey interjecting—</p><p>The TEMPORARY CHAIR: Senator Davey, could you return to your seat. I don't believe I was able to understand the gist of the statement, because it wasn't finished. I might come to you in a moment.</p><p>I would like to understand, in relation to the amendments moved by Senator McKenzie, and noting that the amendments moved by the National Party tonight are inconsistent with the views of the cabinet: is this an indication that Senator McKenzie will not be taking any cabinet position in the Morrison-Joyce government?</p><p>The TEMPORARY CHAIR: Senator Patrick, as much as I am interested in the question you're asking, I don't believe it is actually a point of order.</p><p>The TEMPORARY CHAIR (19:31): The time allotted for debate on the Water Legislation Amendment (Inspector-General of Water Compliance and Other Measures) Bill 2021 has expired. In accordance with the resolution agreed to this evening, I will now put the questions on the remaining stages of the Water Legislation Amendment (Inspector-General of Water Compliance and Other Measures) Bill 2021.</p>
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