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Why it’s important

Snowy Hydro Corporatisation Act

Why it’s important: Establishes Snowy Hydro, its shareholders, and directs the implementation of the outcomes from the Snowy Water Inquiry. It provides an avenue for operation through a NSW water licence. The Act also provided for a public enquiry (the Snowy Water Inquiry) to examine the environmental impacts of the Scheme, and a scientific committee to advise on the pattern of environmental releases.

NSW Water Licence for the Snowy Hydro Scheme.

Issued under Part 5 of the Snowy Hydro Corporatisation Act 1997 (NSW), the Snowy Water Licence confers the rights of Snowy Hydro Limited and imposes obligations on the licensee, particularly with respect of the Snowy Increased Flows and water release requirements.

The Snowy Water Inquiry Outcomes Implementation Deed

The Snowy Water Inquiry Outcomes Implementation Deed (SWIOID) 2002 is a legal instrument that the three partner governments entered into to give effect to the outcomes of the public Snowy Water Inquiry in 1998 and the corporatisation of the Snowy Scheme. The deed includes the water recovery targets for the Snowy, Murray and Snowy Montane Rivers Increased Flows programs. 

 Opportunity: This document has not been reviewed since 2002 and can be reviewed upon agreement from the NSW, Victorian and Commonwealth ministers. Any review of this document must be public and transparent, and ideally occur before the end of 2023. 

Snowy Hydro Limited Statement of Expectations

The Statement of Expectations includes the Federal Government’s expectations for energy production and distribution. It does not include any considerations for the environment, downstream water users, Cultural or social flows. 

Opportunity: A new Federal Government (and therefore, new shareholders) may provide an opportunity for the next Statement of Expectations could, as a start, bring a focus onto requirements under the Licence and SWIOID.  

Water Act 2007 (Cth)

The Water Act 2007 (Cth) aims to ensure water security for all water users, and to protect, restore and provide for the environment. It also sets out requirements for water management under the Murray Darling Basin Plan, including for State Governments to have water resource plans. Currently, the Water Act 2007 explicitly excludes structures operated by the Snowy Hydro scheme (to be managed under the Snowy Licence and SWIOID), which means that the management of the Upper Murrumbidgee sits outside the national framework we have in place for every other river in the Murray-Darling Basin. 

Opportunity: Before the end of 2024, the Federal Water Minister must “cause to be conducted” a review of this Act. A review of the SWIOID by end 2023 would enable outcomes and lessons learned to be considered as part of this review. 

Murray Darling Basin Plan

The Basin Plan is “not to be inconsistent with Snowy Water Licence.” This likely means that changes to water management in the Upper Murrumbidgee cannot be influenced via the MDB Plan. Changes will need to occur to the Snowy Operating environment including through the SWIOID, the Snowy Water Licence, the Water Act 2007 (Cth) and the Statement of Expectations from Ministers.

NSW Water Sharing Plan for the Murrumbidgee Unregulated System (WSP)

The Water Sharing Plan sets the rules around water use and compliance. The WSP includes environmental, Cultural and social objectives, although currently does not protect environmental water. The WSP which covers the Upper Murrumbidgee is currently being reviewed by the NSW Natural Resources Commission.  

Opportunity: We are hoping that the current review of the WSP will protect environmental water from extraction. 

NSW Murrumbidgee Surface Water Resource Plan (WRP)

Water resource plans are an integral part of implementing the Basin Plan. They set new rules on how much water can be taken from the system, ensuring the sustainable diversion limit is not exceeded over time. 

The Murrumbidgee Alluvium Water Resources Plan is still being developed. 

Water Sharing Plans (not WRPs) continue to be the legal instrument for managing water resources in NSW. Water resource plans are put in place to implement the Commonwealth Basin Plan 2012. 

Murrumbidgee Long Term Watering Plan

The Murrumbidgee Long-Term Water Plan recognises the diverse range of human values and uses connected to the Murrumbidgee system. 

Managers of water for the environmental will use this long-term water plan to guide and inform their actions to support the ongoing health of rivers and wetlands for the benefit of plants, animals and people. 

Murrumbidgee Regional Water Strategy and Long List of Options

The NSW Government is preparing regional water strategies that will bring together the best and latest climate evidence with a wide range of tools and solutions to plan and manage the water needs of NSW over the next 20 to 40 years. 

A long-term Regional Water Strategy is being developed to guide how the NSW Government can best address the water-related challenges to support a liveable and prosperous Murrumbidgee region. 

This document includes a long list of options seeking to address a diverse range of issues and risks for water management in the Murrumbidgee region. It is important to note that the options have not been assessed, prioritised or costed at this stage.