New South Wales has made repeated threats to walk away from the Murray-Darling Basin Plan, but what would that mean?
NSW Water Minister Melinda Pavey and Deputy Premier John Barilaro believe South Australia gets too much water.Right behind it is the Water Act, a piece of federal legislation enacted in 2007 that mandates that the plan exists in order to reset extraction of the basin's water at an environmentally sustainable level.
As Counsel Assisting the Commissioner Richard Beazley SC put it,"If New South Wales were to 'walk away' from the basin plan — whatever that means — the basin plan still exists". That means, as Dr Carmody pointed out,"the Australian Government therefore has an obligation to recover the volume of water mandated under the basin plan".
Instead, they all reached a compromise in the Water Act, which meant states relinquished some of their constitutional powers on water to the Commonwealth but not all of them.
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