Speculative water trading is a blight on our country. Even still, the Water Act 2007 specified that a transparent, public register of water trades should be established. 15 years later, we still have no public register.

The most recent attempt to establish a public register, my amendment to the Water Act, was voted down by the Liberals, Nationals and Labor. The question is, what have they got to hide?

MDBA questioning part 1: https://www.malcolmrobertsqld.com.au/menindee-lakes-sdl-water-acquisitions-and-lock-zero-mdba-part-1/

MDBA questioning part 3: https://www.malcolmrobertsqld.com.au/farmers-always-left-high-and-dry-by-water-allocations-mdba-part-3/

Transcript

[CHAIR] Senator Roberts.

[Senator Roberts] Mr Reynolds, as a senator for Queensland, I have to cover many issues and, although I’ve travelled the entire Murray-Darling Basin, have overflown it and crisscrossed it many times, in listening to people I just can’t keep all the acronyms and numbers at hand. I just can’t keep them in my head. Fortunately, we have many farmers who watch these Senate estimates sessions in particular and they let me know when I’ve missed the details, and they’re excellent auditors. They know, from being on the ground, when I’m getting nonanswers. They tell me, and they’re blunt auditors. It seems to me that the Murray-Darling Basin Authority is now avoiding the numbers for both acquisition and total targets. The Murray-Darling Basin—and Senator Patrick knows this—is all about numbers. The plan has reduced farmers’ businesses, rural communities and Australia’s agricultural capacity to a set of water numbers, supposedly, for the environment. Getting those numbers is like pulling teeth, and I welcome Senator Patrick’s partial success on the 605 earlier. For the rural community watching this at home to get a hint for the future, I’d like to ask again. I’m asking for three simple numbers. How much water has the government acquired so far under the Murray-Darling Basin Plan? How much is under acquisition? How much will the shortfall be against the plan in the absence of further projects, and where do you intend to get that water from? The third question was two combined.

[Senator Davey] Senator Roberts, do you mind if I throw one in as well to complement yours? From the Commonwealth Environmental Water Holder, how much actual wet stuff allocation do you have this year? There’s the difference between the entitlements you have, but this year the allocations may be over the 2,750 gigalitre rule. Who knows?

[Senator Patrick] And the costs associated with each of those [inaudible] too.

[Senator Davey] We want to know everything!

[Senator Roberts] We do.

[Ms Connell] I’ve lost track of the question! I’ll just provide the headline numbers, and then I’ll ask Mr Taylor to come to the table and talk to what he has available in this water year. In terms of surface water recovery, as I said before the break, 2,106 gigalitres of surface water has been recovered and is now held in entitlements by the Commonwealth Environmental Water Holder. In relation to groundwater, 35.3 gigalitres has been recovered. In relation to the 450, two gigalitres in entitlements have been returned to the Commonwealth Environmental Water Holder. We have another 16.4 under contract, and we are discussing arrangements in relation to about another 10 to 15 gigalitres with the states. In relation to the 605 gigalitres, the concept of that program of works is to—in lieu of 605 gigalitres being recovered from the consumptive irrigation pool, there are a suite of 36 projects which deliver environmental benefits in lieu of that. The framework under the Basin Plan requires the Murray-Darling Basin Authority to have a look at the end of next year at the progress of those environmental projects and the extent to which they will contribute, from an environmental measure, towards the 605. It is quite a complex concept.

[Senator Roberts] It’s very complex.

[Ms Connell] Yes. I do appreciate that. In terms of the current holdings that the Commonwealth Environmental Water Holder has to utilise this year, I’ll pass to Mr Taylor.

[Mr Taylor] This year, we have new allocations, up to 31 December, of 2,054 gigalitres. Up to the end of that same six-month period we have used 1,038. So we’ve used about half our water for this year at halfway through the year.

[Senator Davey] How much did you carry over from the previous year?

[Mr Taylor] The previous year’s carryover was 738 gigalitres.

[Senator Davey] That would have made available this year 2,7—

[Mr Taylor] 85.

[Senator Davey] Thank you.

[Ms Connell] I will just note that the department does have a webpage that sets out these water recovery targets, so we’d be happy to provide you with that information.

[Senator Roberts] We will come asking if we need more. Minister, the South Australian water storage is outside of South Australia—

[Senator Ruston] Yes, for geological reasons.

[Senator Roberts] We’re not complaining about that. South Australia’s a valid part of the plan. This is a national plan that includes—

[Senator Ruston] Thank you very much, Senator Roberts. We’re very delighted that you would think that.

[Senator Roberts] While we’re concerned about wasting our water, we’re not concerned about supplying South Australia and Adelaide, in particular, with water—

[Senator Patrick] It’s not Queensland’s water [inaudible].

[Senator Roberts] Well, we can argue that—

[Senator Patrick] It’s national water.

[CHAIR] Let’s not get into that.

[Senator Roberts] I’m not interested in getting into that. I’m just saying that South Australia has a right to that water. It’s longstanding.

[Senator Ruston] Everybody in the Murray-Darling Basin has a right. We can go into a discussion about ‘riparian right’ and the like but the plan outlines that this is a shared resource that has to be maximised to the benefit of all people in Australia.

[Senator Roberts] We want to protect the South Australians but we also want to protect the environment and we want to protect all the other stakeholders. It gets messy. It’s had a long history; some argue it is ingrained in our federation. South Australian water storage is outside South Australia, at Dartmouth, which South Australia partly funded, Lake Victoria and Menindee Lakes. Menindee Lakes has held water eight years out of 10. Even though government raised the natural banks a little to create a larger storage, Menindee has been a natural wetland since before Western settlement. Menindee stored South Australian water and local—

[Senator Ruston] They’re ephemeral, aren’t they?

[Senator Roberts] You could argue that, but they have stored water eight years out of 10. Menindee stores South Australian water and local irrigation water. While that water is there it sustains the amazing wetland around Menindee. And that has developed to counter natural climate variability. In Australia, the climate is more variable than in probably any other continent. But we wonder why a frog near a coalmine is an environmental matter of national significance yet 47,000 hectares of wetland is not. With 220,000 bird movements a year, it is a national treasure. And now the testimony in this place is that the state and federal governments are going to murder Menindee. The Murray-Darling Basin is murdering an environmental treasure to come up with water to meet environmental targets. That just doesn’t make sense to me.

[Senator Ruston] I don’t think there would be anybody else in the room who would agree with your term ‘murder Menindee’. That is a highly emotive way of describing how, collectively, everybody is trying to work together to engineer a solution to ensure the long-term sustainability of the river system whilst dealing with the social and economic implications of water recovery and the like that minimises any detrimental impacts. The sole purpose of the plan was to protect the amazing riverine environment, so I cannot accept your terminology around what’s happening at Menindee. At the moment, we do not have the submission back from the New South Wales government in relation to the proposal for activities at Menindee. Until we can actually see that, I don’t know that anyone could be making the kind of assessment you’re making. I acknowledge that you accept that the plan is for all Australians, particularly all those who live in the basin, but you are picking on one particular component of it and suggesting that it is environmental vandalism when at this stage we don’t really have any clarity around what is going on there. We need to be really careful that we don’t compare what happened prior to the development of the river system and what is happening now. There has been so much intervention along the river—through dams, locks, weirs and all sorts of infrastructure, including the urban build-up in towns—that it’s almost impossible for us to do anything apart from assess what’s before us at the moment. I would counsel against talking about what Menindee Lakes used to be like and what the Lower Lakes used to be like because so much has changed in the years since irrigation has occurred along the river. So we need to manage what is before us now.

[Senator Roberts] I accept that. At the same time, a fundamental target for the Murray-Darling Basin Plan has been to restore the Coorong, and that cannot be restored while we’re avoiding the science. But let’s move on to something else—

[Senator Ruston] It’s really about the words that you use. We seek for the Coorong to be healthy. Does that restore it under the true definition of the word ‘restore?’ I would suggest that that is very difficult. I mean, the barrages are there. They weren’t there.

[Senator Roberts] The barrages are there. The drains are there.

[Senator Ruston] Yes. When we talk about ‘restoring’, what we want to see is a healthy Coorong, a healthy Murray-Darling Basin system. We want to see environmental assets protected. But we also want to protect the river communities because they are such an important part of the economy of Australia and all the people who are supported by it. I think we need to be careful of the words we use because we don’t want to give the impression that somehow we’re going to turn the river system back to exactly what it looked like before there was any intervention. What we’re seeking to do is make sure the environmental outcomes are good.

[Senator Roberts] One thing that is very frustrating in the parliament is that so few decisions are made on data and science. They’re made on emotions, whims and looking after vested interests. You said everyone wants to protect the environment. I’ll get onto more of that in other questions. Minister, I have trust for you, so I’m not having a go at you. I’m having a go at several governments in the past and possibly this government. I don’t have much faith in the Murray-Darling Basin Plan because it’s not based on data. We don’t measure much of the river system, yet we’re allocating water. An ABC report was entitled ‘Basin states agree to support ACCC Murray-Darling Basin water market reforms to regulate brokers and market behaviour’. Last year when I moved an amendment to force the water trading register into life, which is a requirement of the Water Act 2007—the one that the Murray-Darling Basin has been required to produce since then—the Liberals, Nationals and Labor voted against it. I was told there was no need for a water trading register. It’s just speculation. There is no profiteering and no need for a register of water trading. What changed so that the states are now taking action?

[Senator Ruston] I’m not sure that I agree with the fact that the Liberal Party, the National Party and the Labor Party last year thought there was no need for—

[Senator Roberts] They voted against the amendment to bring in the water register.

[Senator Ruston] Yes, but there were a number of other complex technicalities around what was being proposed at the time, so I don’t think you can naturally jump to the conclusion that the government or the opposition didn’t believe that water regulation could potentially improve the operation of the river systems and improve the operation of how water traded. I think possibly it was that the mechanism by which you were proposing to do it was not something that we were necessarily agreeing to. But I’m happy to take that on notice and get you some more information because I have to say I can’t remember exactly.

[Senator O’Neill] Senator Ruston, just before you continue. Is there any chance that the document Senator Roberts was referring to could be tabled?

[Senator Ruston] That’s just a media story, isn’t it, Senator?

[Senator Roberts] Yes, this is a media story from the ABC. They’re talking about a mandatory code of conduct.

CHAIR: Senator Roberts, would you like to have that tabled so others can refer to it?

[Senator Roberts] Yes.

CHAIR: Thank you.

[Senator Roberts] It just seems like this code of conduct is a way to smokescreen their reluctance to have a water trading register. It’s a way of avoiding the issue.

[Senator Ruston] I might speak with the secretary. In terms of the ACCC review and implementation I wonder if you could give Senator Roberts a bit of an update about where that’s at. We could see if in any way you can alleviate some of the concerns he appears to have.

[Ms Connell] Water trade and water markets are principally the responsibility of state jurisdictions at the moment, so states and the ACT are responsible for having and maintaining water registers. Each of them does have a register in place. In terms of the media release you’re referring to, it was to indicate that the water market reform process had been set up. Minister Pitt announced last year that he would appoint a principal adviser. Mr Daryl Quinlivan has been appointed to work with states to take what is a very significant report by the ACCC—I think it goes to about 700 pages and makes a broad range of recommendations—

[Senator Roberts] It has some serious concerns.

[Ms Connell] That’s right. Mr Quinlivan has been working with Basin states, supported by an advisory group, and consulting stakeholders more broadly to determine what should be the initial recommendations that are progressed. We can table a copy of Mr Quinlivan’s December advice. The advice sets out the five principal initial reforms that he recommends be progressed, and the basin states support recommendations in principle. Critically, at the moment there’s no code of practice to govern the behaviour of water market intermediaries, water brokers, so one thing the states agreed to is the development of a code that can put a compliance framework around the way that part of the market operates.

He also recommended that the Commonwealth introduce legislation to prohibit insider trading and market manipulation, so that’s something the department is looking very closely at. He made recommendations around collection and publication of trade data and a number of other recommendations. He is now working with basin states and stakeholders to develop a final draft which is due to the minister in June this year. So, the terms of reference for the work that he’s doing are on our website and we can provide you with a copy of that as well.

[Senator Roberts] Ms Connell and Senator Ruston, can you see the public and farmers, in particular, are very concerned? I haven’t discussed this with you, but apparently you had a successful business with flowers. Water is key to that, and you’ve developed remarkable efficiencies in the use of that water, as I understand it. I’m not a farmer, but I know listening to farmers that water is like gold. It dramatically increases the productivity of farmland, so it’s worth a lot of money. But it’s also worth a lot of money to traders and speculators, and we’ve removed the connection between water allocations and farmers’ property ownership.

[Senator Ruston] You’re talking about the unbundling of water from land?

[Senator Roberts] Correct; I am. What I’m saying is that, in the absence of significant measuring of water flows right across the basin, in the absence of science, the contradiction of science and the highly variable climate, which is natural—and we’ve got the north being different from the south, and people not understanding each other—there’s a lot of suspicion that the government, and governments in the past, have simply protected water traders because we still don’t have a water trading register. Whether that’s a state and territory issue, it needs to be done. And now we’ve got the ACCC saying there are significant concerns even though they didn’t identify any particular fraud. This does not build confidence in the Murray-Darling Basin Authority, nor the plan.

[Ms Connell] I think there are three components to the question. So, under the constitution, states are principally responsible for water resource management, so the obligation is on them to establish and maintain water registers. Each of the Murray-Darling Basin jurisdictions has in place a water register at this point in time.

[Senator Roberts] I’m not interested in why we can’t do it; I’m interested in what we should do.

Ms Connell : It’s being done—

[Senator Roberts] It’s a major impediment to you.

Ms Connel l : and you can get access to those registers online. I think the Bureau of Meteorology now aggregates information from each of those state registers in their water information portal, so we can provide you with the link to that quite easy to use website.

[Senator Roberts] Thank you.

[Ms Connell] I would just like to get on the record that the ACCC didn’t find any evidence of speculative activity.

[Senator Roberts] I just said that, but they had significant concerns.

[Ms Connell] One of their key recommendations was to get in place a code backed by enforcement and compliance powers to improve the integrity and transparency of the market, and that’s what the basin states have agreed to and the principal adviser has reported on. We’re now working with basin states to look at how we can develop that.

[Senator O’Neill] But it hasn’t happened. What’s the date for that to commence? Senator Roberts, I’ve got a whole lot of questions that I want to follow up on. When you get out there and talk to people, as Senator Roberts has said, they just tell you straight up about—

[Senator Roberts] The corruption.

[Senator O’Neill] The corruption that’s happening. Their computers aren’t fast enough to compete with people who are in the space. You would’ve heard it as much as I’ve heard it. What’s the timing on the response to this?

[Ms Connell] We’re currently working with basin states to look at the development of a draft code. One of the key things will be to consult with stakeholders on what that draft code will look like. When making changes that will impact on a regulated community it’s important to undertake a process whereby we publish a proposed draft code, provide an opportunity for comment and also provide a period of time for that regulated community to come into compliance. We’re actively working with states on progressing that proposal.

[Senator O’Neill] But do you have a time line?

[Ms Connell] I can take that on notice; I don’t have it in front of me.

[Senator Roberts] I brought eight copies of an article from News Weekly, ‘Murray-Darling Basin Plan ruining the Edward River’. Once again, we’re talking about environmental damage of a type never before seen along the Murray system, caused in all probability by the Murray-Darling Basin Plan. The first paragraph of this article says:

The Murray-Darling Basin Plan (MDBP), which has the goal of protecting the environment—

As Senator Ruston said—

is instead destroying it.

And there are so many examples; it’s the same type of damage that we’re seeing elsewhere. We’ve raised this about the Murray itself. When is the Murray-Darling Basin Authority, or the department, going to convene a proper public inquiry into environmental destruction along the Murray River system? Landholders along the Edward are just flabbergasted at how much damage is being done in the name of the environment.

[Mr Reynolds] The Edward system, in effect, runs parallel to the Murray. Part of the work we’re looking at around the choke is how we manage water through that part of the system, and that includes water through the Edward River as well. Clearly, there are a lot of demands on the system to manage it for consumptive use as well as for the environment. One of the key things we’re looking at as part of the Barmah Choke Feasibility Study is how to manage the system holistically, not just moving a problem from one part of the system to another. So there’s a lot of activity to examine the Edward system as well.

Erosion is a natural feature within our river systems. We have a heavily regulated—

[Senator Roberts] Excuse me; some people would disagree with you. They’re saying the amount of water and the duration of high river flows are quite unnatural. Farmers along the Murray and people along the Edward are saying the same thing. That’s what’s doing the damage, according to them.

[Senator O’Neill] Exactly, that’s what they’re saying to me too, Senator Roberts.

[Mr Reynolds] There’s no doubt that we’ve regulated the river system to achieve a whole lot of benefits which that provides, but that has substantially changed the natural flow patterns in the river. We have higher river flows through summer because we’re delivering water to meet irrigation demands which are critical to the prosperity of many communities throughout the basin. That’s one of the aspects of the Basin Plan: we work through that balance between environmental outcomes and the social and economic prosperity of communities throughout the basin as well.

There are going to be impacts on a regulated system—there’s no doubt about that. We’re looking, through the Barmah Choke Feasibility Study work, at options we might have to alleviate some of those pressures on that part of the river system—the Edward, the Murray and, indeed, the Goulburn system as well. I can’t say that there are no impacts on a regulated river system, but I guess those impacts are balanced against the other benefits that they provide to communities in a wide range of—

[Senator Roberts] I’m not accusing you—and I mean this sincerely—or anyone here of anything. Government in this country—and I’m not talking about the Morrison Joyce government, I’m talking about federal governance—is quite often about wealth transfer. The more regulation we have then the more that can be hidden. It’s built into this, the whole thing. There are just so many avenues for it to be loose and sloppy and the people who pay, time and time again, are the everyday Australians who pay for the mess in government.

I’m not having a go at you; I’m not looking at you in particular. I’m just saying that this is a mess. How can we sort it out so that the people and the environment stop paying the price for mistakes?

[Senator Davey] I think that finishing that choke study might be a good first step.

[Mr Reynolds] In that part of the river system, in particular, there is significant work, investigation and analysis on how we can manage some of these detrimental impacts while still achieving the good impacts that people are looking for.

Some of the impacts we’ve seen in terms of high river flows and the river flowing at higher flow rates, or at least at levels higher than it has in the past, are the result of lost capacity in the river system and the deposition of sand within the Choke. That means to get the same volume of water through the Choke and downstream that we had in the past, the river needs to run at a higher level for a longer period of time. That’s absolutely the challenge that we’re dealing with. The work that we’re doing to understand that, and to understand the options we have to take the pressure off the river system, is a critical part of that intervention.

[Senator Roberts] I’m saying the core problem may be something even deeper. Thank you.