The NSW Government must not commit to the Commonwealth’s ³Ô¹ÏÍøÕ¾ Water Agreement until its legislative and cost ramifications, knowledge gaps and consultation shortcomings are addressed.
The 302 proposed principles of the draft ³Ô¹ÏÍøÕ¾ Water Agreement (NWA) weaken secure, sustainable and productive water use while opening the door for Commonwealth overreach to limit States’ Constitutional rights to manage their own water.
NSW Irrigators’ Council CEO Claire Miller said the NWA would also impose a substantial resource and financial burden on States to develop and implement action plans – costs that would be passed back onto NSW farmers under the State’s current rural pricing model.
“The federal Water Minister is trying to railroad the States into signing up to the NWA by the end of the year just so she can tick off another 2022 election promise before going to the polls,” Ms Miller said.
“The NSW Government’s first priority, however, must be what is in the best interests of NSW, not the electoral prospects of the Federal Government.”
The NSW Irrigators’ Council (NSWIC) has written to the NSW Water Minister strongly recommending the Government not sign until key issues have been resolved and the NWA is amended and streamlined.
“The 2004 ³Ô¹ÏÍøÕ¾ Water Initiative took 10 years of deep, thorough consultation between the States and Commonwealth, and stakeholders. The result was a practical, clear guide to water reform across Australia that has held us in good stead for 20 years, Ms Miller said.
“This NWA is being rushed through in a matter of months, leaving water users and the States with no time to fully comprehend the proposed changes and their potential impacts on consumptive water users and regional communities.
“³Ô¹ÏÍøÕ¾ and State representatives of rural water users were excluded from Commonwealth advisory bodies developing the NWA principles, despite their members being the most affected by the outcomes.
“Being told to just make a submission in a token 41-day process is insulting to regional Australia in general, and farmers in particular. And we know from past consultations that the stakeholder feedback will be filtered to minimise concerns raised when the Commonwealth reports back to the States.”
Key issues with the draft NWA include:
- Weakening of the risk assignment framework.
- Granting legal personhood to rivers without understanding its legal implications.
- Creating First Nations’ free, prior, and informed consent in potential conflict with existing water property rights.
- Inappropriate use of climate modelling to justify reducing the consumptive pool and water allocations.
- Weaponisation of the precautionary approach to push through reforms overriding property rights.
- Undefined references to water connectivity.
- Unbalanced consultation processes.
- The Commonwealth using external powers under international declarations to assert more control over State water management.
NSWIC’s submission to the Commonwealth NWA consultation calls for:
- The Commonwealth to publicly release the full NWA document with its objectives, principles, and funding arrangements.
- Conduct state-based consultations on the full NWA document.
- Undertake a regulatory impact statement to evaluate the legislative implications.
- Clarify the legal obligations on the States to operationalise principles such as recognising rivers as living entities; First Nations never ceding sovereignty over land and water; and, recognition of international declarations.
- Complete a financial impact analysis to assess the budgetary impacts.
- Retain user-pays water pricing principles.
- Ensure stakeholder engagement is balanced, collaborative, and transparent.
NSWIC is calling on the NSW Government, before it commits to the NSW, to:
- Undertake a State regulatory impact statement to evaluate the legislative implications.
- Undertake a financial impact analysis to evaluate the implementation costs to NSW.
- Consult thoroughly with all NSW stakeholders.
- Require amendments to resolve issues raised.
“The draft NWA places NSW at a disadvantage, handing more control to the Commonwealth and imposing additional costs on water users, exacerbating operational difficulties,” Ms Miller said.
“We urge the NSW Government to take a strong stance and push for a more balanced, consultative process that promotes sustainable water management and protects the interests of NSW water users.”
See NSWIC’s full submission
