Document ID: chunk:federal_register_of_legislation:C2008A00139:clause:1_86h
Version: federal_register_of_legislation:C2008A00139
Segment Type: clause
Provision Reference: sch 1 cl 86H
Character Range: 28426–30152

86H  Effect of this Part on other agencies and persons

 (1) The Basin Officials Committee, an agency of a Basin State that is a referring State or an agency of the Australian Capital Territory must not:
 (a) do an act in relation to Basin water resources if the act is inconsistent with any of the matters included or specified in the Basin Plan under this Part; or
 (b) fail to do an act in relation to Basin water resources if the failure to do that act is inconsistent with any of those matters.

 (2) Subsection (1) applies to an act of the Basin Officials Committee, an agency of a Basin State that is a referring State or an agency of the Australian Capital Territory only if the act is one that relates to the use or management of the Basin water resources.

 (3) An operating authority, an infrastructure operator or the holder of a water access right must not, in a Basin State that is a referring State, or in the Australian Capital Territory:
 (a) do an act in relation to Basin water resources if the act is inconsistent with any of the matters included or specified in the Basin Plan under this Part; or
 (b) fail to do an act in relation to Basin water resources if the failure to do that act is inconsistent with any of those matters.

 (4) Subsection (1) or (3) does not apply to an act, or failure to act, that affects State water sharing arrangements or Border Rivers water sharing arrangements, unless:
 (a) the Murray‑Darling Basin Ministerial Council has agreed to the Basin Plan applying to the act or failure; or
 (b) the act or failure takes place at a time when, under clause 135 of the Agreement, the provisions of the Basin Plan required by this Part are taken to be a Schedule to the Agreement.