Lines, Sen Sue (The PRESIDENT)

The PRESIDENT (09:29): In accordance with the orders just agreed, the time for consideration of the Water Amendment (Restoring Our Rivers) Bill 2023 has expired. I will now put the questions required to conclude consideration of the bill. I will first deal with the government amendments on sheet ZC243 revised moved by Senator McAllister. Senator Thorpe has circulated amendments to government amendment (1). The question is that Senator Thorpe's amendments on sheet 2267 to government amendment (1) be agreed to. Senator Thorpe's circulated amendments— (1) Amendment (1), heading to Part 1A, omit "Indigenous people", substitute "Basin Indigenous Peoples". (2) Amendment (1), item 1A, paragraph 3(fa), omit the paragraph, substitute: (fa) to ensure that the use and management of Basin water resources recognises and promotes the spiritual, cultural, environmental, social and economic interests relevant to Basin Indigenous peoples. Note: For example, this paragraph includes opportunities for Basin Indigenous Peoples to: (a) practice and revitalise cultural traditions and customs; and (b) maintain and strengthen distinctive relationships with traditional lands and waters; and (c) revitalise, use, develop and transmit to future generations histories, language, lore, oral traditions and knowledge as they relate to Basin water resources; and (d) conserve and protect of the environment and productive capacity of lands and waters to which Basin Indigenous Peoples have a traditional connection; and (e) maintain, control, protect and develop cultural heritage, traditional knowledge and traditional cultural expressions as they relate to Basin water resources; and (f) determine and develop priorities and strategies for the use of Basin water resources to which Basin Indigenous Peoples have a traditional connection. (3) Amendment (1), item 1B, paragraph 20(da), omit the paragraph, substitute: (da) the use and management of Basin water resources that recognises and promotes spiritual, cultural, environmental, social and economic interests relevant to Basin Indigenous peoples. Note: For example, this paragraph includes opportunities for Basin Indigenous Peoples to: (a) practice and revitalise cultural traditions and customs; and (b) maintain and strengthen distinctive relationships with traditional lands and waters; and (c) revitalise, use, develop and transmit to future generations histories, language, lore, oral traditions and knowledge as they relate to Basin water resources; and (d) conserve and protect the environment and productive capacity of lands and waters to which Basin Indigenous Peoples have a traditional connection; and (e) maintain, control, protect and develop cultural heritage, traditional knowledge and traditional cultural expressions as they relate to Basin water resources; and (f) determine and develop priorities and strategies for the use of Basin water resources to which Basin Indigenous Peoples have a traditional connection. Question negatived. The PRESIDENT: The question now is that the government amendments on sheet ZC243 revised be agreed to. Question agreed to. The PRESIDENT: I will now deal with the amendments to the bill circulated by Senator Thorpe. The question is that amendments on sheet 2219, 2221, 2223, 2227, 2228, 2229, 2230, 2236 and 2276 be agreed to. Senator Thorpe's circulated amendments— SHEET 2219 (1) Schedule 1, page 5 (before line 3), before item 2, insert: 2A After subsection 86AA(2) Insert: (2A) Without limiting subsections (1) and (2), environmental outcomes must be enhanced in a way that recognises and promotes the use and management of Basin water resources by Basin Indigenous Peoples. _____ SHEET 2221 (1) Schedule 1, page 11 (after line 24), at the end of the Schedule, add: Part 5 — Basin Indigenous Peoples Water Act 2007 22 Subsection 4(1) Insert: Basin Indigenous Peoples means Indigenous persons who: (a) are recognised in the Aboriginal community or by a relevant representative Aboriginal body: (i) as having spiritual or cultural affiliations with a site or area in the Murray-Darling Basin; or (ii) as holding native title in respect of a site or area in the Murray-Darling Basin; and (b) are entitled to undertake activities under Aboriginal custom or tradition in a site or area in the Murray-Darling Basin. cultural flows means a water access entitlement: (a) that is legally and beneficially owned by Basin Indigenous Peoples or Basin Indigenous Peoples' representative bodies; and (b) that is an entitlement to exclusive access to a share of water resources that is sufficient to improve the spiritual, cultural, environmental, social and economic conditions of Basin Indigenous Peoples. Note: Cultural flows are an inherent right of Basin Indigenous Peoples. Cultural flows will benefit Basin Indigenous Peoples by improving health and wellbeing, activating cultural economies and empowering Basin Indigenous Peoples to care for country and undertake cultural activities. _____ SHEET 2223 (1) Schedule 1, page 5 (before line 3), before item 2, insert: 2A After subsection 86AA(2) Insert: (2A) Without limiting subsections (1) and (2), the Minister and Authority must take all reasonable steps to consider how environmental outcomes may be achieved in a way that: (a) recognises and promotes the use and management of Basin water resources by Basin Indigenous Peoples; and (b) acknowledges Basin Indigenous Peoples' cultural and spiritual connections to land and relationship to country; and (c) supports the participation of Basin Indigenous Peoples in decision-making and planning in relation to the use and management of Basin water resources; and (d) protects biodiversity, and facilitates access to resources for Basin Indigenous Peoples, to provide opportunities for economic advancement for Basin Indigenous Peoples. 2B At the end of subsection 86AA(3) Add: ; and (c) recognising and promoting the use and management of Basin water resources by Basin Indigenous Peoples. (2) Schedule 1, page 5 (after line 11), after item 3, insert: 3A After paragraph 86AD(2)(b) Insert: (ba) purchasing water access rights in relation to Basin water resources for the purpose of: (i) enabling Basin Indigenous Peoples to use and manage Basin water resources; or (ii) delivering cultural flows. (3) Schedule 1, item 6, page 5 (lines 27 and 28), omit "both, or only one of, paragraphs 86AA(3)(a) and (b)", substitute "one or more of paragraphs 86AA(3)(a), (b) and (c)". _____ SHEET 2227 (1) Schedule 1, page 11 (after line 24), at the end of the Schedule, add: Part 6 — United Nations Declaration on the Rights of Indigenous Peoples Water Act 2007 23 Paragraph 3(b) After "international agreements", insert "and relevant international instruments". 23A Paragraph 3(b) After "those agreements" (wherever occurring), insert "and instruments". 23B Paragraph 3(c) After "agreements", insert "and instruments". 23C Subsection 4(1) Insert: relevant international instrument means the United Nations Declaration on the Rights of Indigenous Peoples. United Nations Declaration on the Rights of Indigenous Peoples means the Declaration on the Rights of Indigenous Peoples adopted by the General Assembly of the United Nations on 13 September 2007. Note: The Declaration on the Rights of Indigenous Peoples adopted by the General Assembly of the United Nations on 13 September 2007 could in 2023 be viewed on the United Nations' website (https://www.un.org). 23D Paragraph 20(a) After "international agreements", insert "and relevant international instruments". 23E Paragraph 20(a) After "those agreements", insert "and instruments". _____ SHEET 2228 (1) Schedule 1, page 4 (before line 3), before Part 1, insert: Part 1A — Taking into account matters relevant to Indigenous people Water Act 2007 1A After paragraph 3(f) Insert: (fa) in giving effect to those agreements and instruments, to recognise and promote Basin Indigenous Peoples' interests in the use and management of Basin water resources, including recognising and promoting opportunities for Basin Indigenous Peoples to: (i) practice and revitalise cultural traditions and customs; and (ii) maintain and strengthen distinctive relationships with traditional lands and waters; and (iii) revitalise, use, develop and transmit to future generations histories, language, lore, oral traditions and knowledge as they relate to Basin water resources; and (iv) conserve and protect the environment and productive capacity of lands and waters to which Basin Indigenous Peoples have a traditional connection; and (v) maintain, control, protect and develop cultural heritage, traditional knowledge and traditional cultural expressions as they relate to Basin water resources; and (vi) determine and develop priorities and strategies for the use of Basin water resources to which Basin Indigenous Peoples have a traditional connection; and 1B At the end of section 3 Add: ; and (i) to facilitate partnerships with Basin Indigenous Peoples and the self-determined bodies of Basin Indigenous Peoples in the management of Basin water resources, environmental assets in the Murray-Darling Basin and declared Ramsar wetlands in the Murray-Darling Basin. 1C After paragraph 20(a) Insert: (aa)in giving effect to those agreements and instruments, to recognise and promote Basin Indigenous Peoples' interests in the use and management of Basin water resources, including opportunities for Basin Indigenous Peoples to: (i) practice and revitalise cultural traditions and customs; and (ii) maintain and strengthen distinctive relationships with traditional lands and waters; and (iii) revitalise, use, develop and transmit to future generations histories, language, lore, oral traditions and knowledge as they relate to Basin water resources; and (iv) conserve and protect the environment and productive capacity of lands and waters to which Basin Indigenous Peoples have a traditional connection; and (v) maintain, control, protect and develop cultural heritage, traditional knowledge and traditional cultural expressions as they relate to Basin water resources; and (vi) determine and develop priorities and strategies for the use of Basin water resources to which Basin Indigenous Peoples have a traditional connection; and _____ SHEET 2229 (1) Schedule 1, page 11 (after line 24), at the end of the Schedule, add: Part 9 — Purpose and general requirements of Basin Plan Water Act 2007 26 After paragraph 20(d) Insert: (da) the use and management of Basin water resources in a way that recognises and promotes the rights and interests of Basin Indigenous Peoples; and 26A At the end of paragraph 21(2)(a) Add: (iii) the fact that the cultural rights of Basin Indigenous Peoples have been adversely impact by the historic and current use and management of Basin water resources and that special measures are required to give effect to relevant international agreements and relevant international instruments; and 26B After subsection 21(3) Insert: (3A) Without limiting subsection (1), the Basin Plan must also: (a) recognise the traditional or cultural knowledge and practices of Basin Indigenous Peoples relevant to the use and management of Basin water resources; and (b) recognise and promote Basin Indigenous Peoples' right to the use and management of Basin water resources. Note 1: See Article 8(j) of the Biodiversity Convention. Note 2: See Articles 26 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples. 26C Subsection 21(4) Omit "and (3)", substitute ", (3) and (3A)". 26D Paragraph 21(4)(b) After "knowledge", insert "(including Basin Indigenous Peoples' water knowledge and cultural science)". 26E Subparagraph 21(4)(c)(v) Omit ", Indigenous". 26F At the end of subsection 21(4) (before the notes) Add: ; and (d) if the exercise of the power, or the performance of the function, could reasonably be expected to impact on Basin Indigenous Peoples' interests in, or connection with, Basin water resources—consult, and cooperate in good faith, with Basin Indigenous Peoples, through Basin Indigenous Peoples' representative bodies, to obtain Basin Indigenous Peoples' free, prior and informed consent to the proposed exercise of the power or the proposed performance of the function. 26G At the end of subsection 21(4) Add: Note 4: See Article 32 of the United Nations Declaration on the Rights of Indigenous Peoples. _____ SHEET 2230 (1) Schedule 1, page 11 (after line 24), at the end of the Schedule, add: Part 8 — Water resource plan requirements Basin Plan 2012 25 At the end of Chapter 10 Add: Part 15 — Use and management of water resources in accordance with Basin Indigenous Peoples' lore and custom Note: If a water resource plan is prepared by a Basin State, it is expected that the Authority will consult with relevant representative bodies for Basin Indigenous Peoples in relation to whether the requirements of this Part have been met, for the purposes of paragraph 63(3)(b) of the Act. 10.56 Use and management of water resources A water resource plan must identify: (a) how Basin Indigenous Peoples use and manage the water resources of the water resources plan area in accordance with the Basin Indigenous Peoples' lore and custom; and (b) the extent to which the use and management of the water resources under the water resource plan is in accordance with Basin Indigenous Peoples' lore and custom. 10.57 Consultation and preparation of water resource plan A water resource plan must be prepared having regard to the views of representative bodies for Basin Indigenous Peoples with respect to the matters identified under section 10.56. Water Act 2007 25A After paragraph 22(3)(ca) Insert: (cb) the use and management of the water resources of the water resource plan area in accordance with Basin Indigenous Peoples' lore and custom; and 25B Subsection 56(2) (heading) Omit "—general". 25C Subsection 56(2A) Repeal the subsection. 25D Subsection 63(6) Omit "The", substitute "Subject to subsection (6A), the". 25E After subsection 63(6) Insert: (6A) The Minister must not accredit the plan unless the Minister is satisfied that the Basin State has consulted, and cooperated in good faith, with Basin Indigenous Peoples, through Basin Indigenous Peoples' representative bodies, to obtain Basin Indigenous Peoples' free, prior and informed consent to the plan. 25F After subsection 69(1) Insert: (1A) However, the Minister must not adopt the water resource plan unless the Minister is satisfied that the Authority has consulted, and cooperated in good faith, with Basin Indigenous Peoples, through Basin Indigenous Peoples' representative bodies, to obtain Basin Indigenous Peoples' free, prior and informed consent to the plan. _____ SHEET 2236 (1) Schedule 1, item 4, page 5 (lines 14 to 18), omit paragraph 86AD(2)(c), substitute: (c) making any other payments: (i) to address any detrimental social or economic impact on the wellbeing of any community I the Murray-Darling Basin that is associated with a project or purchase referred to I paragraph (a) or (b) so as to offset any such impact; or (ii) to address any detrimental social, economic or health impacts on the wellbeing of any community I the Murray-Darling Basin arising from acute water shortages or water quality issues; or (iii) to deliver cultural flows; or (I) to provide opportunities for the use and management of Basin water resources by Basin Indigenous Peoples; or (v) to provide opportunities for the economic advancement of Basin Indigenous Peoples. (2) Schedule 1, item 11A, page 7 (line 21), omit "paragraph 86AD(2)(c)", substitute "subparagraph 86AD(2)(c)(i)". _____ SHEET 2276 (1) Schedule 1, page 11 (after line 24), at the end of the Schedule, add: Part 10 — Review of Act to consider certain matters Water Act 2007 27 After subsection 253(2) Insert: (2A) Without limiting subsections (1) and (2), the following matters must be considered, in consultation and cooperation with Basin Indigenous Peoples and the self-determined bodies of Basin Indigenous Peoples, in the review and reported on in the report prepared under subsection (4): (a) matters relevant to Indigenous people in relation to the management of Basin water resources including, but not limited to, the extent to which Basin water resources could be managed so as to improve the spiritual, environmental, cultural, social and economic conditions of Indigenous people; (b) the extent to which the Act: (i) recognises and protects the interests of Indigenous people; and (ii) supports opportunities for Indigenous people to participate in determining and developing priorities and strategies for the development or use of Basin water resources, including opportunities for participation that incorporates free, prior and informed consent; (c) the views of Basin Indigenous Peoples and relevant Indigenous organisations and entities, including the Murray Lower Darling Rivers Indigenous Nations and the sovereign member Nations of the Murray Lower Darling Rivers Indigenous Nations; (d) the management of climate change risks. Question negatived.