Senate debates

Wednesday, 23 June 2021

Bills

Water Legislation Amendment (Inspector-General of Water Compliance and Other Measures) Bill 2021; Second Reading

6:53 pm

Photo of Sam McMahonSam McMahon (NT, Country Liberal Party) Share this | Hansard source

Thank you. From announcement to parliament, the government has delivered this bill in just eight months. We've listened to what the states, the users and the communities have said and we have come up with a bill in just eight months. This is testimony to constructive engagement with the states and opposition to deliver the accountability and integrity that communities expect from their governments.

This bill responds to recommendations in recent reports and reviews concerning water management in the basin, through both the Productivity Commission's 2018 Murray-Darling Basin Plan: five-year assessment inquiry report and the 2017 Murray-Darling Basin water compliance review conducted by the MDBA and an independent panel on this review. Compliance is at the heart of a fair water-sharing system. There is absolutely no point in having a system in place if we don't ensure that those that take part in it comply with it. This bill will establish a strong independent regulator at the basin scale and strengthen the compliance system.

This bill creates a real deterrence around water theft and illegal water-trading offences by establishing criminal and civil offences and strong penalties. Water theft, much like stock theft, is not a small crime. It is a large crime and it deeply affects those who suffer at the hands of this crime. I know, for example, that in the Northern Territory people often refer to stock theft as poddy-dodging, as though it's some kind of sport. But it is not a sport. It is theft—and theft is theft, no matter what you are stealing. If someone steals your car, you suffer. If someone steals your livestock, you suffer. If someone steals your water, you suffer. This is why there need to be penalties in place that will not only deter people from committing this crime but also penalise those who do.

Importantly, this bill recognises that the states are the primary and frontline managers for water compliance, but they are sometimes unable or unwilling to act. The Commonwealth will now have appropriate powers to step in and take enforcement action on water theft. The inspector-general will be able to work across the whole basin to strengthen compliance, increase transparency and improve trust. Trust is a very important thing that people need to have in this plan and in the regulators and the compliance and enforcement process.

A key priority for the inspector-general will be to encourage greater consistency in the guidelines and standards across the basin, so that all water users are held to the same high bar. This role will combine compliance and enforcement powers currently held by the Murray-Darling Basin Authority with the assurance role of the current interim inspector-general. In this role, the inspector-general will listen to the concerns of basin communities to ensure that their voices are heard when it comes to water compliance. The inspector-general will also undertake audits, inquiries and reports in a transparent manner. This gives communities and users confidence in the system.

The inspector-general will also work with other basin states to develop more consistent standards and guidelines. As I said, compliance is at the heart of a fair water-sharing system. All participants need to know that they are being held to the same standards and that they are playing by the same rules. Consistent standards and guidelines will provide the inspector-general with a framework to evaluate the performance of basin jurisdictions, including the Commonwealth, in delivering the Basin Plan.

This bill builds on many years of engagement with Murray-Darling Basin communities and stakeholders. The basin's 2.2 million rural and regional water users will now have the assurance they deserve through stronger compliance, greater accountability and strengthened integrity around basin water management.

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