Lines, Sen Sue (The PRESIDENT)

The PRESIDENT (10:08): The question now is that the Greens amendments on sheet 2224 be agreed to. Australian Greens circulated amendments— SHEET 2224 (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". (2) Schedule 1, page 11 (after line 24), at the end of the Schedule, add: Part 7 — Purpose and general requirements of Basin Plan Water Act 2007 24 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 Indigenous persons; and 24A 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 Indigenous persons relevant to the use and management of Basin water resources; and (b) recognise and promote Indigenous persons' 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. 24B Subsection 21(4) Omit "and (3)", substitute ", (3) and (3A)". 24C 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 Indigenous persons' interests in, or connection with, Basin water resources—consult, and cooperate in good faith, with Indigenous persons, through Indigenous persons' representative bodies, to obtain Indigenous persons' free, prior and informed consent to the proposed exercise of the power or the proposed performance of the function. (3) Schedule 1, page 11 (after line 24), at the end of the Schedule, add: Part 8 — Water resource plans Water Act 2007 25 Subsection 63(6) Omit "The", substitute "Subject to subsection (6A), the". 25A 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 Indigenous persons, through Indigenous persons' representative bodies, to obtain Indigenous persons' free, prior and informed consent to the plan. 25B 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 Indigenous persons, through Indigenous persons' representative bodies, to obtain Indigenous persons' free, prior and informed consent to the plan.