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Water Amendment (Indigenous Authority Member) Bill 2019

Year
2019
Jurisdiction
Commonwealth
Summary

Stated purpose:

The purpose of this Bill is to amend the Water Act 2007 (Cth) (the Water Act) to provide for a standing Indigenous member position on the Murray-Darling Basin Authority (the Authority). The Bill recognises that Aboriginal people are the traditional custodians of the Murray-Darling Basin and have a role in the management of water within the Basin.

Native title implications:

The Bill may impact on decisions made relating to waters to which groups hold native title rights and interests. The Indigenous authority member will be an Indigenous person and will be appointed on the basis of their high level of expertise regarding Indigenous matters relevant to basin water resources. They will not be appointed to represent particular regions or organisations, but to represent the interests of Indigenous communities across the basin.

Relevant provisions:

Paragraph 177(b)

Repeal the paragraph, substitute:

(b)  an Indigenous person (in this Subdivision called the standing Indigenous Authority member);

(c)  4 other members.

After subsection 178(2)

Insert:

(2A)  To be eligible for appointment as the standing Indigenous Authority member, an individual must be an Indigenous person who, at the time of appointment:

(a)  has a high level of expertise in Indigenous matters relevant to Basin water resources; and

(b)  is not a member of the governing body of a relevant interest group.

After subsection 180(3)

Insert:

(3A)  An individual is not eligible for appointment to act as the standing Indigenous Authority member unless the individual is an Indigenous person who has a high level of expertise in Indigenous matters relevant to Basin water resources.

For further information see the Explanatory Memorandum and the Second Reading Speech.