Legal Opinion on the Northern Basin disallowance

By: Dr Emma Carmody | Senior Policy and Law Reform Solicitor | EDO NSW

16 February 2018

On 14 February 2018, the Australian Parliament voted to disallow a proposed amendment to the Basin Plan to – amongst other things – take 70 GL (or 70 billion litres) away from the environment in the northern Murray-Darling Basin (MDB). The proposed amendment was based on work undertaken by the Murray-Darling Basin Authority (MDBA) as part of the Northern Basin Review (NBR).

Since our national Parliament exercised its right to reject this amendment, the State of New South Wales has intimated in an official media release that it will walk away from the Basin Plan, claiming that the NBR ‘was always part of the Basin Plan package’ and that ‘[t]his move makes the Basin Plan untenable for NSW.’

We have received a number of inquiries from clients about the meaning of these statements, and their possible implications for the ongoing management of scarce water resources in our largest – and most important – river system. The following analysis is designed to separate fact from fiction.

Click below for the full opinion

http://www.edonsw.org.au/northern_basin_disallowance

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