The main purpose of this paper is to notify interested persons and organisations of the consideration the Commissioner has been giving to the following issues central to the Basin Plan, and to invite written submissions specifically in relation to these issues:
(a) the manner in which the Water Act 2007 (Cth) (Water Act) has been construed in order to determine a long-term average sustainable diversion limit which reflects an environmentally sustainable level of take (ESLT);
(b) what the consequences of that construction might be for what is defined below as the proposed SDL Adjustment Amendment;
(c) what the consequences of that Water Act construction might be for what is defined below as the proposed NBR Amendment, and
(d) whether the Basin Plan itself complies with the Water Act if the Basin-wide longterm average SDL does not reflect an ESLT.
While these matters were raised at paragraph [28(a)] of the Commission’s Issues Paper No 1, it is considered that they are of sufficient importance to now warrant expansion in the more specific form they are addressed in this paper.
Murray-Darling Basin Royal Commission, State of South Australia 2018