Senate debates

Tuesday, 25 November 2008

Water Amendment Bill 2008

In Committee

7:40 pm

Photo of Fiona NashFiona Nash (NSW, National Party, Shadow Parliamentary Secretary for Water Resources and Conservation) Share this | Hansard source

by leave—I move opposition amendments (1) to (3) on sheet 5650:

(1)    Schedule 1, item 2, page 11 (lines 28 to 35), omit subsection 86A(2), substitute:

        (2)    Critical human water needs are the needs for a minimum amount of water, that can only reasonably be provided from Basin water resources, required to meet human drinking, sanitation and health requirements in urban and rural areas.

(2)    Schedule 1, item 2, page 12 (after line 24), after section 86A, insert:

86AA  Definitions and criteria relating to critical human water needs

        (1)    The Authority must publish, by 1 July 2009, a report containing the following:

             (a)    a comprehensive, practical definition of the term critical human water needs which identifies categories of users of such water and allowable purposes for the use of such water;

             (b)    a definition of the core human consumption requirements which would satisfy paragraph 86A(2)(a);

             (c)    a definition of the non-human consumption requirements which would satisfy paragraph 86A(2)(b).

        (2)    The Authority must, by legislative instrument, determine, by 1 July 2009:

             (a)    clear, transparent and equitable criteria the Authority will apply in determining whether the definition in paragraph 86A(2)(a) is met;

             (b)    clear, transparent and equitable criteria the Authority will apply in determining whether the definition in paragraph 86A(2)(b) is met;

             (c)    clear, transparent and equitable criteria the Authority will apply in determining the volume of conveyance water required to deliver water to meet critical human water needs;

             (d)    clear, transparent and equitable criteria the Authority will apply to monitor the use of such water to ensure it is used for the allowable purposes referred to in paragraph (1)(a).

(3)    Schedule 1, item 2, page 13 (after line 4), after section 86B, insert:

86BA  Reports on and evaluation of critical human water needs distributions

                 The Authority must publish, at least monthly, after the Basin Plan first takes effect, a report specifying:

             (a)    the amounts of water distributed or allocated under the Basin Plan to meet critical human water needs; and

             (b)    the amounts of conveyance water distributed or allocated to deliver that water; and

             (c)    in relation to each such distribution or allocation:

                   (i)    to whom and where the water has been distributed or allocated;

                  (ii)    the criteria upon which the water has been distributed or allocated;

                 (iii)    the length of time for which such water has been distributed or allocated to meet that need;

                 (iv)    an evaluation of the compliance of that distribution or allocation with the criteria specified under subparagraph (ii).

I do note the concurrence of views on this particular issue from the opposition and Greens senators. The issue of critical human needs is one that was raised consistently during the inquiry process for this bill. There was very much a consistent view provided through the evidence to the committee that overwhelmingly favoured the need for the bill to more clearly define critical human needs. The inclusion of critical human needs was generally supported, but one of the things that became apparent through the inquiry process was the lack of any definition and the impact that that would have in determining future plans for the basin.

In relation to the definition there was a variance of views from witnesses appearing during the inquiry and from industry itself as to what the definition could mean. Interestingly, and perhaps the minister might be able to enlighten us around this particular area, her view was I think recently stated publicly that critical human needs were ‘drinking water’. The coalition senators, and I am assuming the Greens as well, actually felt that the bill does not address critical human needs to provide that clear and distinct definition of drinking water that the minister gave so publicly recently. Perhaps the minister could enlighten us as to her reading of the very clear definition of critical human needs against what was a very common view that it did need refining to make it clearer and more distinct.

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