Sustainable Diversion Limit Adjustment Mechanism
Proposed adjustment to Sustainable Diversion Limit (SDL) Adjustment Mechanism - EDO Australia submission
November 2017 - Download submission
EDOA has extensive experience advising on the Water Act 2007 (Water Act) and Basin Plan. Our law reform and policy work includes submissions responding to the Draft Basin Plan, strategies made pursuant to the Basin Plan and various amendments to the Water Act.
EDOA supports a scientifically rigorous, risk-based approach to water management that upholds the Water Act 2007 and Basin Plan and implements Australia’s international legal obligations, including the Convention on Biological Diversity (CBD) and Ramsar Convention.
Due to the high number of concurrent water law inquiries – as well as ongoing demand for legal advice in this area – our response is brief and high-level. However, we would be happy to provide further comment when more fulsome information is released, as recommended in this submission.
In summary, EDOA does not support the Draft Determination as it may result in breaches of the Water Act and Basin Plan. Further, we are concerned that the Commonwealth Government is rushing the approval and implementation of supply measure projects without fully understanding the risks associated with these projects – which in some instances may be irreversible.
Our specific concerns and objections are outlined in the following seven sections:
1. Public consultation process
2. Notification of efficiency works
3. Five percent limits of change rule
4. Climate change
5. Coorong, Lower Lakes and Murray Mouth
6. Environmental and third party risk
7. Determining adjustment volume