Principles and policies for water information

Find out how we administer the water information regulations, including reforms and performance reporting

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Authority and approach to regulation

We administer Part 7 of the Water Regulations 2008. The regulations set out details for providing water information to the Bureau. They name more than 200 organisations that must give us specific information in their possession, custody or control.

We are mindful of the costs to organisations in complying with these requirements. We seek to:

  • minimise the impacts of changes to legislative requirements
  • foster a transparent, cooperative approach with data providers.

We also understand that each organisation differs in:

  • size and complexity
  • resources
  • data held
  • governance
  • ability to comply.

Our approach to compliance recognises these differences.

Principles for administering the regulations

In all activities associated with administering Part 7 of the Water Regulations 2008, we will:

collaborate with our state and territory partners to understand Australia's water resources and enable better water-related decision making

comply with all applicable Government requirements, including those defined in the Commonwealth’s regulatory impact analysis system

operate in accordance with our data and information management policies, and our Strategy 2022–2027

when making changes to legislative requirements:

  • demonstrate the need for the changes through a clear business case, which highlights the resultant benefits to the Australian public
  • consider cost implications, including anticipated cost to water information providers
  • consider the views and needs of affected organisations
  • consult with data providers prior to making significant changes and respond to inquiries in a timely fashion

inform all affected organisations of our policies and changes to legislative requirements

provide reasonable lead time and allow organisations opportunity to prepare for compliance with new requirements

endeavour to assist organisations where possible to meet their obligations.

From these principles we developed policies that set out rules and protocols. These are specific to particular aspects of managing legislative requirements.

Policies

Need accessible versions of these policies? Contact us to discuss your needs.

Compliance strategy

We are conscious that when organisations comply with the regulations they incur a cost. We also understand that each named organisation is different in:

  • size and complexity
  • resources
  • data held
  • governance
  • ability to comply.

Our approach to compliance recognises these differences.

Regulatory compliance philosophy

Our preferred approach is to work with data providers and encourage compliance with requirements.

In managing compliance, we:

  • take a cooperative approach and work with data providers to support compliance
  • provide clear and timely guidance to affected organisations
  • be accountable, transparent and consistent in our interactions with data providers
  • minimise costs where possible, for example by supporting automatic data provision
  • govern changes to requirements under the water regulations in accordance with a set of principles and policies
  • take a risk-based approach to non-compliance and use proportionate enforcement actions
  • undertake a process of continuous improvement and review through engagement with data providers.

Helping stakeholders comply

We encourage named organisations to become familiar with their requirements under the regulations.

Our Water Regulations Online service produces customised reports that list an organisation's obligations. General information about the regulatory requirements and how to interpret them is also on this website.

Contact us for tailored assistance and guidance on requirements and delivery of data, including:

  • advice on the regulations
  • assistance with transferring data and data formats
  • other general enquiries.

Engaging with data providers

We engage with data providers to help them understand their obligations and improve our administration.

We consult with data providers about changes to their obligations, and keep people informed through meetings, letters and emails.

We communicate with data providers about how their data is benefiting Australia.

Monitoring and enforcement

The Bureau uses a risk based approach for compliance activities.

We routinely monitor compliance and analyse data delivered to the Bureau in accordance with regulations requirements.

Focussing on areas of highest business risk, we:

  • routinely monitor the extent and frequency of data delivered
  • perform regular individual assessments or health checks of compliance
  • communicate with data providers and seek information from external sources such as other government agencies.

When we identify potential non-compliance, we contact organisations to resolve issues and provide reasonable assistance if needed.

All communication is recorded in a Customer Relationship Management system. To ensure a transparent and proportionate response to non-compliance, the Bureau employs an escalating response policy.

As soon as an issue is suspected, we contact the organisation's nominated person to resolve the issue.

If the issue is not resolved:

  • 3 months after initial contact, we formally request a reason from the organisation's executive contact
  • 3 weeks after formally requesting the reason, we send a Risk of Breach notice to the executive contact
  • 6 weeks after sending this notice, we formally notify the executive contact that they are non-compliant.

After these steps, we may recommend enforcement actions to the responsible Minister. Actions may include:

  • injunctions
  • declarations
  • civil penalties
  • infringement notices
  • enforceable undertakings.

Any decision to make a recommendation takes into account:

  • the nature, impact, and length of non-compliance
  • aggravating or mitigating circumstances
  • actions of good faith from the data provider.

Regulatory reforms and performance reporting

From 2021–22

Reports on our performance as a regulator are part of our Annual Report and Corporate Plan. See our Plans, performance and accountability page.

This approach is in line with the Australian Government's Regulator Performance Guide.

Previous reports

From 2014–21, we published self-assessment reports in line with the Regulator Performance Framework. The framework encouraged regulators to undertake their functions with the minimum impact necessary to:

  • achieve regulatory objectives
  • effect positive ongoing and lasting cultural change within their organisations.

It outlined 6 outcomes-based key performance indicators to assess regulator performance:

  • regulatory burden
  • communications
  • risk-based and proportionate approaches
  • efficient and coordinated monitoring
  • transparency
  • continuous improvement.

Feedback on our regulatory performance

We welcome feedback on the reports and our performance as a regulator.

Contact us to:

  • provide your feedback
  • discuss your needs, if you want an accessible version of the reports.

Regulatory reforms

For details of past regulatory reform initiatives, visit Trove, an archive service provided by the National Library of Australia.

Licence to use this content

You can use content on this page in accordance with the Creative Commons Attribution 4.0 International Licence.

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