GWYDIR VALLEY IRRIGATORS ASSOCIATION
GWYDIR VALLEY IRRIGATORS ASSOCIATION
Water management legislation began in the Gwydir Valley with the Water Act 1912 (NSW), however the past 30-years have seen an increase in regulation around water resource in NSW and within the Murray Darling Basin, which incorporates the Gwydir Valley. In areas that do not have a Water Sharing Plan in place or where existing approvals have not be converted, the Water Act 1912 still governs the issuing and trade of water licences.
The Water Act 1912 established conditions by which users needed a water licence or authority to take water, these included:
The Act established the conditions to establish and maintain works approved for water access, the fees and charges associated with licence applications and usage, as well as the approved types of trades available. For example, farm infrastructure and flood protection works remain covered by approvals within Part 2 and Part 8 of the Water Act. These are gradually being transitioned and converted to the Water Management Act as part of the Healthy FLoodplains Project (see Floodplain Flow and Licensing).
As outlined by the NSW Government, in some water sources covered by the Water Act 1912, new water licences may still be granted.
However, in other areas there is an embargo in place, particularly on water licences for irrigation and industry. In these areas you can
only obtain licences for specific exempt purposes (such as town water, stock and domestic supply). For more information see the NSW
Government
website.
The Water Management Act 2000 (NSW) was NSW's response to Council of Australian Governments (COAG) framework and to account for the sustainable and integrated management of the state's water for the benefit of both present and future generations and will in-time supersede the Water Act 1912 (NSW) in all aspects of water management.
The Water Management Act 2000 was based on the concept of an ecological sustainable level of take - allowing for the sharing of resources to maintain key ecosystem process and environmental health, as well as protecting critical water needs and providing for social and economic uses of water. The Act was largely driven by the need for NSW to meet its obligations under the Murray Darling Basin Cap on diversions (setting extractions at this level in 1993/94) and secure a sustainable basis for water management for several reasons:
As a result, the Water Management Act 2000 recognised the need to allocate and provide water for the environmental health of our rivers and groundwater systems, while also providing licence holders with more secure access to water and greater opportunities to trade water through the separation of water licences from land. The main tool the Act provides for managing the state's water resources are Water Sharing Plans. These are used to set out the rules for the sharing of water in a particular water source between water users and the environment, and rules for the trading of water in a particular water source.
Since the legislation was passed in 2000, some amendments have been undertaken to better implement the new arrangements and to also give effect to other interstate and federal agreements and legislation.
The NSW Government shortly thereafter, gazetted the first of the NSW Water Sharing Plans which was the corner-stone of the Water Management Act 2000. These plans continued to be rolled out for the following 10 years, with many due for renewal and replacement, having expired their tenure. For more information on the Gwydir Valley's Water Sharing Plans, see our page.
Prior to the finalisation of the tenure of any NSW Water Sharing Plan, the Commonwealth Government established the Water Act 2007 (Cth) in response to the National Plan for Water Security. The Water Act 2007 provides the legislative framework for managing the Murray-Darling Basin across multiple state jurisdictions, which remain responsible for the implementation and operation aspects.
The Water Act:
The Water Act 2007 has been amended over time, most recently following the statutory review, which was completed with recommendations adopted in 2016.
The Murray-Darling Basin Authority was empowered under the Federal Water Act to produce a Basin Plan. The Authority released its Guide to the Basin Plan in October 2010 but following extensive consultation and re-drafting into a new proposal, the Basin Plan 2012 (Cth) became legislation in November 2012.
The aim of the Basin Plan is to ensure that water is shared between all users, including the environment, in a sustainable way. It aims to do this by managing the basin as one system and by the establishment of new Sustainable Diversion Limits. This will enable the river systems to continue to support communities and industries into the future by providing all users a clearer understanding of their available water in the long-term.
It will be subject to reviews and changes during its seven-year implementation, by which time all Murray-Darling Basin States must implement accredited Water Resource Plans that outline how Basin Plan objectives are being addressed. This includes how water resources will be managed to meet Sustainable Diversion Limits.
For more information on the Murray Darling Basin Plan see our page.