Document ID: chunk:federal_register_of_legislation:C2008A00139:clause:2_43a:p1
Version: federal_register_of_legislation:C2008A00139
Segment Type: clause
Provision Reference: sch 2 cl 43A (pt 1/2)
Character Range: 435773–438696

43A  Authority to seek comments from Murray‑Darling Basin Ministerial Council on proposed Basin Plan

 (1) This section applies once the Authority has complied with section 43 in relation to a proposed Basin Plan.

 (2) Without limiting subsection 42(1), the Authority must give each member of the Murray‑Darling Basin Ministerial Council a copy of the proposed Basin Plan (incorporating any alterations it has made under paragraph 43(10)(b)).

 (3) The copy must be given together with the Authority's advice to the Murray‑Darling Basin Ministerial Council on the likely socio‑economic implications of any reductions in the long‑term average sustainable diversion limits proposed in the proposed Basin Plan.

 (4) The Murray‑Darling Basin Ministerial Council must, within 6 weeks after the Authority complied with subsection (2), give the Authority a written notice:
 (a) stating that neither the Murray‑Darling Basin Ministerial Council nor any of its members have any comments on the proposed Basin Plan; or
 (b) stating that the Murray‑Darling Basin Ministerial Council, or one or more of its members, disagrees with one or both of the following:
 (i) the long‑term average sustainable diversion limits proposed in the proposed Basin Plan;
 (ii) any other aspect of the proposed Basin Plan in relation to which the Minister may give a direction under subparagraph 44(3)(b)(ii);
  and specifying the nature of the disagreement.

Note: Subsection 44(5) specifies matters in relation to which the Minister must not give a direction.

 (5) If the Murray‑Darling Basin Ministerial Council does not give the Authority such a notice within that period of 6 weeks, the Murray‑Darling Basin Ministerial Council and its members are taken not to have any comments on the proposed Basin Plan.

 (6) If the Murray‑Darling Basin Ministerial Council gives the Authority a notice that states under paragraph (4)(b) matters with which the Murray‑Darling Basin Ministerial Council, or one or more of its members, disagrees, the Authority must:
 (a) consider the matters; and
 (b) undertake such consultations in relation to the matters as the Authority considers necessary or appropriate; and
 (c) either:
 (i) confirm the proposed Basin Plan, and give each member of the Murray‑Darling Basin Ministerial Council a copy of the unaltered proposed Basin Plan, together with the Authority's views on the matters; or
 (ii) alter the proposed Basin Plan, and give each member of the Murray‑Darling Basin Ministerial Council a copy of the altered proposed Basin Plan, together with the Authority's views on the matters; and
 (d) prepare a document that summarises:
 (i) any submissions it received in response to the consultations referred to in paragraph (b); and
 (ii) how it addressed those submissions; and
 (iii) the extent (if any) to which its consideration of those submissions has affected the version of the Plan, or the views, given