Document ID: chunk:federal_register_of_legislation:C2024C00557:section:73:p3
Version: federal_register_of_legislation:C2024C00557
Segment Type: section
Provision Reference: s 73 (pt 3/3)
Character Range: 230941–233039

indicates that the Minister intends to proceed to consider whether to exercise the step‑in power; and
 (d) sets out the Minister's reasons for intending to do so.

Decision to exercise step‑in power
 (14) The Minister may exercise the step‑in power only if:
 (a) the process provided for in subsections (2) to (13), or that process as varied by agreement in writing between the Minister and the affected Basin State, has been followed; and
 (b) the period of 2 weeks starting on the day on which the Minister gave the notice under subsection (13) has ended; and
 (c) the Minister has considered the response (if any) of the affected Basin State under subsection (11); and
 (d) the Minister is satisfied that:
 (i) circumstances that give rise to the step‑in power exist; and
 (ii) the circumstances, if not dealt with, will materially and adversely impact on the efficient or effective implementation of the Basin Plan; and
 (iii) the exercise of the step‑in power would be an effective means for dealing with the circumstances; and
 (iv) there is no other feasible and effective alternative way of dealing with the circumstances.
 (15) If the Minister decides to exercise the step‑in power, the Minister must set out, in the document by which the step‑in power is exercised, when the exercise of the step‑in power will end.
 (16) Without limiting subsection (15), the document may specify that the exercise of the step‑in power will end:
 (a) at the end of a particular period of time; or
 (b) when a specified action is taken; or
 (c) when specified circumstances exist; or
 (d) when the Minister is satisfied that specified conditions have been met.
 (17) The extent, and duration, of the exercise of the step‑in power must be limited to what is reasonable to deal with the circumstances that give rise to the exercise of the step‑in power.

Notices not legislative instruments
 (18) A notice under subsection (2), (8) or (13) is not a legislative instrument.

Division 3A—Offences and civil penalty provisions

Subdivision A—Contraventions of laws relating to taking water from a water resource