Contents
- Part 1 Preliminary
- Part 1A The Murray-Darling Basin Agreement
- Part 2 Management of Basin water resources
- Part 2AA Water for the Environment Special Account
- Part 2A Critical human water needs
- Part 3 Productivity Commission inquiries
- Part 4 Basin water charge and water market rules
- Part 4A Extended operation of Basin water charge and water market rules
- Part 5 Water Markets Intermediaries Code and trust accounting framework
- Part 5A Water markets decisions, insider trading and market manipulation
- Part 6 Commonwealth Environmental Water Holder
- Part 7 Water information
- Part 7A Water markets information
- Part 8 Enforcement
- Part 9 Murray-Darling Basin Authority (administrative provisions)
- Part 9A Inspector-General of Water Compliance (administrative provisions)
- Part 10 Murray-Darling Basin Authority (special powers)
- Part 10AA Inspector-General of Water Compliance (special powers)
- Part 10AB Inspector-General of Water Compliance (inquiry powers)
- Part 10AC Powers of the ACCC to require information, etc.
- Part 10A Transitional matters relating to the Murray-Darling Basin Commission
- Part 11 Transitional arrangements for water resource plans
- Part 11A Interactions with State laws
- Part 12 Miscellaneous
- Schedule 1 The Murray-Darling Basin Agreement
- Schedule 1A The Murray-Darling Basin
- Schedule 2 Basin water charging objectives and principles
- Schedule 3 Basin water market and trading objectives and principles
- Schedule 3A Risk assignment framework
- Schedule 4 Transitional water resource plans
- Schedule 10 Transitional provisions relating to amendments
Contents
9,287 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.
- Part 1 · Preliminary
- 1 Short title
- 2 Commencement
- 3 Objects
- 4 Definitions
- 5 Application of the Acts Interpretation Act 1901 to Parts 1A, 2A, 4, 4A, 10A and 11A
- 6 Planned environmental water
- 6A Meaning of eligible tradeable water right
- 7 Infrastructure operators etc.
- 8 River flow control works
- 9 Constitutional basis for Act
- 9A Constitutional basis of Parts 1A, 2A, 4, 4A, 10A and 11A
- 10 Basis for Basin water charge, water trading and water market rules
- 11 Reading down provision in relation to the operation of sections 99 and 100 of the Constitution
- 12 Application to Crown etc.
- 12A Actions of the Murray-Darling Basin Ministerial Council
- 13 The Native Title Act 1993 not affected
- Part 1A · The Murray-Darling Basin Agreement
- Part 2 · Management of Basin water resources
- Division 1 Basin Plan
- Division 2 Water resource plans for particular water resource plan areas
- Division 3 Procedures to be followed before taking step-in action
- Division 3A Offences and civil penalty provisions
- Division 3B Audits
- Division 4 Allocation of risks in relation to reductions in water availability
- Division 4A Annual progress reports relating to water recovery targets and to the Snowy Scheme
- Division 4B Increasing water for environmental use by 450 gigalitres
- Division 6 Reports about activities relating to Indigenous people
- Part 2AA · Water for the Environment Special Account
- 86AA Object of this Part
- 86AB Water for the Environment Special Account
- 86AC Credits to the Water for the Environment Special Account
- 86AD Purposes of the Water for the Environment Special Account
- 86ADB Consideration of social and economic impact of proposed water purchases relating to the 450 gigalitre target
- 86AE Commonwealth environmental water holdings
- 86AF Arrangements to make payments
- 86AG Amounts to be credited to the Water for the Environment Special Account
- 86AH Managing surplus money in the Water for the Environment Special Account—transfer to general CRF
- 86AI Annual report
- 86AJ Reviews of this Part
- Part 2A · Critical human water needs
- 86A Critical human water needs to be taken into account in developing Basin Plan
- 86B Basin Plan to provide for critical human water needs
- 86C Additional matters relating to monitoring, assessment and risk management
- 86D Additional matters relating to Tier 2 water sharing arrangements
- 86E Additional matters relating to Tier 3 water sharing arrangements
- 86F Emergency responses to the reaching of trigger points
- 86G Effect of this Part on Authority and other agencies of the Commonwealth
- 86H Effect of this Part on other agencies and persons
- 86J Additional powers of the Authority
- 86K Additional functions of the Inspector-General
- 86L Functions and powers of the Inspector-General
- Part 3 · Productivity Commission inquiries
- Part 4 · Basin water charge and water market rules
- Part 4A · Extended operation of Basin water charge and water market rules
- Part 5 · Water Markets Intermediaries Code and trust accounting framework
- Division 1 Simplified outline of Part
- Division 2 Application of Part
- Division 3 Water Markets Intermediaries Code
- Division 4 Contravention of Water Markets Intermediaries Code
- Division 5 Statutory trust accounting framework for eligible water markets intermediaries
- Division 6 Public warning notices
- Division 7 Orders to redress loss or damage suffered by non-parties etc.
- Division 8 Power to require information, etc.
- Division 9 Application of Part to partnerships, unincorporated associations and trusts
- Part 5A · Water markets decisions, insider trading and market manipulation
- Division 1 Simplified outline of Part
- Division 2 Application of Part
- Division 3 Water announcements
- Division 4 Insider trading
- Division 4A Market manipulation
- Division 5 Penalty level
- Division 6 Orders to redress loss or damage
- Division 7 Application of Part to partnerships, unincorporated associations and trusts
- Division 8 Information required under this Part and Part 7
- Part 6 · Commonwealth Environmental Water Holder
- Part 7 · Water information
- Part 7A · Water markets information
- Part 8 · Enforcement
- Division 1 Preliminary
- Division 2 Injunctions
- Division 3 Declarations
- Division 4 Civil penalties
- Division 5 Infringement notices
- Division 6 Enforceable undertakings
- Division 6A Relinquishment orders
- Division 7 Enforcement notices
- Division 7A Public warning notices
- Division 8 Liability of executive officers of corporations
- Division 9 Conduct of directors, employees and agents
- Division 10 General rules about offences and civil penalty provisions
- Part 9 · Murray-Darling Basin Authority (administrative provisions)
- Part 9A · Inspector-General of Water Compliance (administrative provisions)
- Part 10 · Murray-Darling Basin Authority (special powers)
- Part 10AA · Inspector-General of Water Compliance (special powers)
- Part 10AB · Inspector-General of Water Compliance (inquiry powers)
- 239AA Inspector-General may conduct inquiry
- 239AB Terms of reference for inquiry
- 239AC Inspector-General may require person to give information for the purpose of certain inquiries
- 239AD Inspector-General may require person to appear to answer questions for the purpose of certain inquiries
- 239AE Reports by Inspector-General
- 239AF Responses to inquiry reports including recommendations that an agency take certain action
- 239AG Including criticism in reports
- 239AH Privilege against self-incrimination and legal professional privilege not abrogated
- Part 10AC · Powers of the ACCC to require information, etc.
- Part 10A · Transitional matters relating to the Murray-Darling Basin Commission
- Part 11 · Transitional arrangements for water resource plans
- 241 Transitional water resource plans
- 242 Interim water resource plans
- 243 Transitional water resource plans taken to have been accredited
- 244 Interim water resource plans taken to have been accredited
- 245 Operation of transitional water resource plans and interim water resource plans
- 246 Amendment of transitional water resource plans and interim water resource plans
- 247 Authority may provide assistance
- Part 11A · Interactions with State laws
- 250A Meaning of Commonwealth water legislation
- 250B Concurrent operation intended
- 250C Commonwealth water legislation does not apply to matters declared by law of referring State to be excluded matters
- 250D Avoiding direct inconsistency arising between the Commonwealth water legislation and laws of referring States
- 250E Regulations may modify operation of the Commonwealth water legislation to deal with interaction between that legislation and laws of referring States
- Part 12 · Miscellaneous
- 251 Delegation by Minister
- 252 Instruments not invalid for failure to publish on website
- 252A Dataset for Murray-Darling Basin to be publicly available
- 253 Review of operation of Act
- 254 Compensation for acquisition of property
- 255 Act does not authorise compulsory acquisition of water access rights
- 255A Application of water charge rules in Basin States that are not referring States
- 255B Application of water market rules in Basin States that are not referring States
- 255C Transitional provisions relating to amendments
- 256 Regulations
- Schedule 1 · The Murray-Darling Basin Agreement
- Note: See section 18A.
- MURRAY-DARLING BASIN AGREEMENT
- Table of Contents
- MURRAY-DARLING BASIN AGREEMENT
- THIS AGREEMENT IS ENTERED INTO ON 2008 BY:
- THE COMMONWEALTH OF AUSTRALIA (the “Commonwealth”),
- THE STATE OF NEW SOUTH WALES (“New South Wales”),
- THE STATE OF VICTORIA (“Victoria”),
- THE STATE OF QUEENSLAND (“Queensland”),
- THE STATE OF SOUTH AUSTRALIA (“South Australia”), and
- THE AUSTRALIAN CAPITAL TERRITORY (“Australian Capital Territory”).
- THE PARTIES AGREE AS FOLLOWS:
- PART I—INTERPRETATION
- 1. Purpose
- The purpose of this Agreement is to promote and co-ordinate effective planning and management for the equitable, efficient and sustainable use of the water and
- 2. Definitions
- In this Agreement save where inconsistent with the context:
- “annuity contribution” means an annuity contribution referred to in subclause 73(1);
- “asset agreement” means the asset agreement, including any amendment to it, made under clause 55.
- “Authority” means the Murray-Darling Basin Authority established by the Water Act.
- “Authority Chair” has the meaning given by the Water Act.
- “Basin Community Committee” has the meaning given by the Water Act.
- “Basin Plan” has the meaning given by the Water Act.
- “Chief Executive” means the Chief Executive of the Authority.
- “Commission” has the same meaning as “Murray-Darling Basin Commission” under the Water Act.
- “Committee” means the Basin Officials Committee established by Part IV.
- “Committee member” means a Committee member for a State or for the Commonwealth, appointed in accordance with this Agreement.
- “Constructing Authority” means:
- (a) the Contracting Government by which:
- (i) any works authorised by this Agreement or the former Agreement have been, or are being, or are to be constructed;
- (ii) any measures authorised under this Agreement or the former Agreement have been, or are being, or are to be executed; or
- (b) any public authority or any Minister constituted or appointed for the purpose of constructing such works or executing such measures.
- “Contracting Government” means any of the Governments of the Commonwealth, New South Wales, Victoria, South Australia, Queensland and the Australian Capital Ter
- “conveyance reserve”, for a year, means water set aside by the Authority to supply conveyance water for the following year, determined in accordance with clause
- “conveyance water” has the meaning given by the Water Act.
- “corporate plan” means a corporate plan approved under clause 34 and includes any amendment to that plan approved under clause 35.
- “critical human water needs” has the meaning given by the Water Act.
- “current conveyance water” means water to be used as conveyance water in the current year.
- “deferred water” has the meaning given by Schedule G.
- “diversions” includes abstractions, impoundings and appropriations of water that reduce the flow of a river.
- “Doctors Point” means the location of the Doctors Point stream gauging station.
- “E.C.” means a unit of electro-conductivity of water, measured in micro-siemens per centimetre at 25 degrees Celsius.
- “financial year” means the twelve months beginning on 1 July.
- “forecast of costs” means the forecast, including any amendment to it, prepared under clause 34B.
- “former Agreement” has the same meaning as “former MDB Agreement” in the Water Act.
- “former Ministerial Council” means the Ministerial Council under the former Agreement;
- “Full Supply Level” means the full supply water level:
- (a) defined by reference to Australian Height Datum specified by the design drawings for any structure subject to this Agreement; or
- (b) in the case of Menindee Lakes Storage, as defined under clause 137.
- “investigations, construction and administration costs” means the costs of:
- (a) investigating and constructing works set out in Schedule A or any other works authorised under this Agreement; and
- (b) improving or replacing:
- (i) works set out in Schedule A or any other works constructed under this Agreement; or
- (ii) a significant part of such works; and
- (c) preventing or remedying the extraordinary failure of part or all of works set out in Schedule A or any other works constructed under this Agreement; and
- (d) implementing other measures authorised under this Agreement; and
- (e) studies, programs, surveys and investigations carried out under clause 43; and
- (f) establishing the systems referred to in clause 45; and
- (g) establishing the systems or means to carry out monitoring or measurement in response to a request made under paragraph 47(b); and
- (h) special action taken under subclause 51(5), which the Ministerial Council has determined under subclause 72(5) are investigations, construction and administ
- (i) any payment made by the Authority in respect of the construction of works under clause 57; and
- (j) complying with a direction given under subclause 60(3); and
- (k) dismantling works declared to be ineffective under subclause 70(2); and
- (l) any payment made by the Authority under paragraph 138(a); and
- (m) administrative and other expenses of the following to perform functions or duties, or exercise powers under the Agreement:
- (i) the Authority;
- (ii) the Basin Community Committee;
- (iii) the Committee;
- (iv) the Ministerial Council.
- “land” includes:
- (a) Crown lands;
- (b) buildings; and
- (c) any interest, right or privilege in, over or affecting any land.
- “maintenance” includes the execution of all work of any description which is necessary to keep an existing work in the state of utility in which it was:
- (a) upon the original completion of the existing work; or
- (b) upon the:
- (i) completion of any improvement of the existing work or a significant part of the existing work; or
- (ii) replacement of the existing work or a significant part of the existing work;
- but does not include:
- (c) the execution of any improvement to the design, function or operation of the existing work or a significant part of the existing work; or
- (d) the replacement of the whole or a significant part of the existing work; or
- (e) work to prevent or remedy the extraordinary failure of part or all of the existing work.
- “major or cyclic maintenance” has a meaning determined by reference to the guidelines established by the Authority under subclause 73(3).
- “major storages” means Lake Victoria, the Menindee Lakes Storage and the storages formed by Dartmouth Dam and Hume Dam.
- “measures” includes strategies, plans and programs (including any activities for the purpose of conserving or enhancing the environment) but does not include an
- “minimum operating level” means the water level in a storage, as determined from time to time by the Ministerial Council, below which water must not be released
- “minimum reserve” has the meaning given by clause 103.
- “Minister” means a Minister of a Contracting Government who has been appointed to the Ministerial Council by that Contracting Government under clause 8.
- “Ministerial Council” means the Ministerial Council established by Part III.
- “Murray-Darling Basin” has the meaning given by the Water Act.
- “Murray-Darling Basin Special Account” means the special account of the Authority established under Part 9 Division 5 of the Water Act.
- “natural flow” means the quantity of water that would have flowed in a river past a particular point in a particular period but for the effect during that perio
- “officer” means a person who is:
- (a) a member of the staff of the Authority as mentioned in section 206 of the Water Act; or
- (b) an APS employee in the Department who is assisting the Authority as mentioned in section 207 of the Water Act.
- “operation and maintenance costs” means the costs of:
- (a) operating and maintaining works set out in Schedule A or any other works authorised under this Agreement; and
- (b) operating and maintaining the systems referred to in clause 45; and
- (c) operating and maintaining the systems or means to carry out monitoring or measurement in response to a request made under paragraph 47(b); and
- (d) special action taken under subclause 51(5), which the Ministerial Council has determined under subclause 72(5) are operation and maintenance costs; and
- (e) any payment made by the Authority in respect of the operation or maintenance of works under clause 57; and
- (f) any dredging or snagging carried out under clause 67; and
- (g) any payment made by the Authority under paragraph 138(b).
- “period of special accounting” means a period of special accounting declared under clause 123(1).
- “prescribed rate” means either:
- (a) a rate of 2% per annum above the maximum overdraft rate fixed by the Reserve Bank of Australia for amounts of $100,000 or less which is applicable at the ti
- (b) a rate of 4% per annum above the rate payable on Commonwealth securities of the longest term offered for public subscription in Australia for the Commonweal
- “private carry-over” means a volume of allocations made available in a year for use under an entitlement, and not used in the year, but that may be made availab
- “public authority” means a body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth or a State and includes any
- “regulated flow” is the flow resulting from the release of stored water at the direction of the Authority other than during, or in anticipation of, floods.
- “reserve” means water available for release from major storages at the direction of the Authority.
- “river” and “tributary” respectively include any affluent, effluent creek, anabranch or extension of, and any lake or lagoon connected with, the river or tribut
- “river operations” means activities under this Agreement relating to:
- (a) the construction, operation, maintenance and renewal of works on, adjacent to, or connected to the upper River Murray or the River Murray in South Australia
- (b) the execution of the provisions of this Agreement concerning sharing water between State Contracting Governments; and
- (c) the provision of other services relating to water, to State Contracting Governments and other persons.
- “RMO assets” means River Murray operations assets, being:
- (a) transitional RMO assets; and
- (b) —
- (i) works constructed under clause 56 including works constructed for the purposes of Schedule B; and
- (ii) assets purchased with amounts paid to a Constructing Authority by the Authority under clause 78,
- that are, or relate to:
- (iii) works on, adjacent to or connected to the upper River Murray or the River Murray in South Australia; or
- (iv) the execution of provisions of this Agreement concerning sharing water between South Australia, New South Wales and Victoria.
- “service level agreement” means the service level agreement referred to in clause 35A.
- “specified period” for a work plan means the period covered by subclause 34A(1A).
- “State” means the State of New South Wales, the State of Victoria, the State of South Australia, the State of Queensland or the Australian Capital Territory.
- “State Contracting Government” means any of the Governments of New South Wales, Victoria, South Australia, Queensland or the Australian Capital Territory.
- “State MDB Act” means any of the following Acts: the Murray-Darling Basin Act 1992 (New South Wales); the Murray-Darling Basin Act 1993 (Victoria); the Water (C
- “State water entitlement” means the entitlement of a State to water, determined in accordance with Part XII of this Agreement.
- “stored water” means water stored in or by:
- (a) any of the works described in Schedule A; and
- (b) subject to sub-clause 95(1), the Menindee Lakes Storage; and
- (c) any of the works for storing water authorised under clause 56.
- “strategic asset management plan” means the strategic asset management plan, including any amendment to it, approved under clause 53.
- “transitional RMO assets” means transitional River Murray operations assets, being:
- (a) the works set out in Schedule A to the former Agreement (other than Weir No. 5 Redbank and Weir No. 7 Maude); and
- (b) any other works the construction of which was authorised under sub-clause 50(1) of the former Agreement including works authorised for the purposes of Sched
- (c) any other assets purchased with amounts paid by the Commission under sub-clause 73(1) of the former Agreement.
- “upper River Murray” means the aggregate of:
- (a) the main course of the River Murray upstream of the eastern boundary of the State of South Australia;
- (b) all tributaries entering that part of the main course upstream of Doctors Point;
- (c) all effluents and anabranches of that part of the main course, other than those excepted by the Ministerial Council;
- (d) the watercourses connecting Lake Victoria to that main course;
- (e) the Darling River downstream of the Menindee Lakes Storage; and
- (f) the upper River Murray storages.
- “upper River Murray storages” means Lake Victoria, the Menindee Lakes Storage, the storages formed by Dartmouth Dam and Hume Dam and by those weirs, and weirs a
- “Water Act” means the Water Act 2007, amended by the Water Amendment Act 2008 of the Commonwealth, and otherwise as amended from time to time.
- “water available for release at the direction of the Authority” means water which can physically be released from a storage if the Authority so directs, other t
- “water resource plan” has the meaning given by the Water Act.
- “weir” includes:
- (a) a weir and lock; and
- (b) a barrage in any of the channels at or near the mouth of the River Murray.
- “work plan” means a work plan approved under clause 34A and includes any amendment to that plan approved under clause 35.
- 3. Interpretation
- (1) In this Agreement, unless the contrary intention appears:
- (a) a reference to any Act includes any Act amending, or in substitution for, that Act;
- (b) a reference to this Agreement includes a reference to -
- (i) the Schedules to this Agreement, and
- (ii) any amendment of or addition to this Agreement or the Schedules hereto;
- (c) words importing the singular include the plural and vice versa;
- (d) words importing any gender include any other gender;
- (e) a reference to a Committee member for the Commonwealth or a State includes a person who is acting as a Committee member for the Commonwealth or that State p
- (f) a reference to a power, function or duty of the Authority is a reference to a power, function or duty of the Authority:
- (i) under this Agreement; or
- (ii) under the Water Act for the purposes of this Agreement,
- but does not include any other power, function or duty conferred on it by the Water Act;
- (g) a reference to a power, function or duty of the Ministerial Council or the Committee is a reference to a power, function or duty of that body:
- (i) under this Agreement; or
- (ii) for the purposes of the Agreement because of the operation of Part 10A of the Water Act,
- but does not include any other power, function or duty conferred on it by the Water Act.
- (2) No explanatory note or heading to a clause is part of this Agreement.
- (3) In interpreting a provision of this Agreement, a construction that would promote the purpose or object underlying the Agreement (whether or not that purpose
- PART II—APPROVAL, AMENDMENT AND ENFORCEMENT
- 4. Revocation of Former Agreement
- The former Agreement is hereby revoked.
- 5. Commencement of Agreement and Amendments to Agreement
- (1) This Agreement comes into effect upon commencement of Schedule 1 of the Water Amendment Act 2008 of the Commonwealth, which amends the Water Act so as to se
- (2) A legislative instrument amending this Agreement commences in accordance with the Legislation Act 2003 (Commonwealth).
- Note: Section 12 of the Legislation Act 2003 (Commonwealth) deals with the commencement of a legislative instrument.
- (3) For the purposes of sub-clause (2), the Commonwealth Government:
- (a) may only register an instrument that incorporates into the Agreement amendments that have been agreed by the Ministerial Council; and
- (b) will register an instrument that incorporates such amendments as soon as practicable after they have been agreed by the Ministerial Council.
- (4) A reference in sub-clause (2) to an amendment includes a reference to the insertion, omission, repeal, substitution, addition or relocation of words or matt
- 6. Parties to Provide for Enforcement of Agreement
- Each of the Contracting Governments so far as its jurisdiction extends and so far as it may be necessary shall provide for or secure the execution and enforceme
- PART III—THE MINISTERIAL COUNCIL
- 7. Establishment of Ministerial Council
- (1) The Ministerial Council is established.
- (2) The Ministerial Council shall have such status and such powers and duties and enjoy such privileges and immunities as may be conferred upon it by this Agree
- 8. Membership of the Ministerial Council
- (1) The Council consists of a Minister of each of the Contracting Governments who is appointed in writing by that Contracting Government.
- (2) Whenever a member of the Ministerial Council representing a Contracting Government is:
- (a) absent from Australia or from duty;
- (b) unable for any reason to attend a meeting of the Ministerial Council; or
- (c) otherwise unable to perform the duties of a member of the Ministerial Council,
- that Contracting Government may appoint another Minister to act in the place of that member, and while so acting that other Minister shall have all the powers a
- (3) A member of the Ministerial Council ceases to be a member if:
- (a) the member ceases to be a Minister; or
- (b) another Minister of the Contracting Government is appointed in substitution for the member.
- (4) Anything done by or in relation to a person purporting to act under an appointment under this clause is not invalid merely because there was a defect or irr
- 9. Functions of the Ministerial Council
- The functions of the Ministerial Council are:
- (a) to consider and determine outcomes and objectives on major policy issues of common interest to the Contracting Governments in relation to the management of
- (b) to make determinations about the matters specified in this Agreement;
- (c) to approve the annual corporate plan, the work plan and the strategic asset management plan prepared by the Authority for the purposes of this Agreement;
- (ca) to approve any amendments to the annual corporate plan or the work plan in accordance with clause 35;
- (d) to agree upon amendments to this Agreement including amendments to, or removal or addition of, Schedules to this Agreement as the Ministerial Council consid
- (da) to approve a statement of intent setting out collaborative arrangements under which the Ministerial Council will operate; and
- (e) to exercise such other functions as may be conferred on the Council by or under this Agreement or the Water Act.
- 10. Ministerial Council May Direct Committee
- The Ministerial Council may give directions to the Committee concerning the performance of the Committee’s functions and powers and the Committee shall comply w
- 11. Conferral of functions by Ministerial Council
- (1) The Ministerial Council may confer any of its functions and powers on the Committee or the Authority.
- (2) The conferral of a function or power under this clause:
- (a) may be subject to such conditions or limitations as the Ministerial Council may specify; and
- (b) may be varied or revoked by the Ministerial Council (whether or not constituted by the persons constituting the Ministerial Council at the time when the pow
- (c) does not derogate from the ability of the Ministerial Council to act in any matter.
- 12. Ministerial Council May Require Committee and Authority to Report
- The Ministerial Council may require a report from the Committee or the Authority on any of the Committee’s or Authority’s functions.
- 13. Proceedings of the Ministerial Council
- (1) The Ministerial Council shall meet at least once in each year but otherwise at such times as it sees fit and shall, subject to this Agreement, determine its
- (2) Subject to sub-clauses (3) and (4), the quorum for a meeting of the Ministerial Council shall be a Minister for each Contracting Government, appointed under
- (3) The quorum of the Ministerial Council for debating any issue, or considering or making any resolution on an issue related to any provision of the Agreement,
- (4) The quorum of the Ministerial Council for debating any issue, or considering or making any resolution on an issue in respect of its functions under the Wate
- (a) includes the Minister appointed by the Government of Queensland, unless the matter relates to Part 2A of the Water Act, in which case the quorum includes th
- (b) includes the Minister appointed by the Australian Capital Territory, unless the matter relates to Part 2A of the Water Act, in which case the quorum include
- (5) A person who is not included in a quorum may not vote on any resolution referred to in sub-clause (3) or (4).
- (6) A resolution before the Ministerial Council will be carried only by a unanimous vote of all Ministers present who constitute a quorum.
- (7) The Chair of the Ministerial Council shall be the Commonwealth Minister appointed under clause 8.
- 14. Resolutions Other than at Meetings
- (1) A decision of the Ministerial Council may be made other than at a meeting of the Ministerial Council if made in accordance with this clause.
- (2) If:
- (a) the text of a proposed resolution is sent or given in writing by facsimile or other transmission by an officer authorised by the Authority to a Minister app
- (b) such Minister approves the proposed resolution and notifies that officer in writing sent or given by facsimile or other transmission,
- the proposed resolution is deemed to have been approved by the Minister appointed under clause 8.
- (3) When a Minister from each Contracting Government has approved a resolution in accordance with sub-clause (2) the resolution shall be deemed to have become a
- (4) Any decision of the Ministerial Council made in accordance with this clause, must be recorded by an officer authorised by the Authority and a copy of the de
- (5) The record made pursuant to sub-clause (4) shall be confirmed at the next meeting of the Ministerial Council.
- (6) The text of a resolution for which approval is sought under this clause, relating to any provision of this Agreement, or to any issue in respect of the Mini
- 15. Appointment of Committees
- (1) The Ministerial Council may from time to time appoint such temporary or standing committees as it sees fit.
- (2) A committee shall have such members, terms of reference, powers and functions as the Ministerial Council determines.
- (3) A member of a committee shall hold office on such terms as the Ministerial Council may determine.
- (4) A member of a committee shall receive such allowances and expenses as the Authority may from time to time determine.
- 16. Basin Community Committee to Advise Ministerial Council
- (1) The Basin Community Committee is to provide advice to the Ministerial Council on any matter relating to the Ministerial Council’s functions, at the request
- (2) The Ministerial Council may invite the Chair of the Basin Community Committee to attend a meeting of the Ministerial Council as an observer.
- PART IV—THE COMMITTEE
- DIVISION 1—ESTABLISHMENT AND MEMBERSHIP OF THE COMMITTEE
- 17. Establishment of Basin Officials Committee
- (1) The Basin Officials Committee (the Committee) is established.
- (2) The Committee shall have such status and such powers and duties and enjoy such privileges and immunities as may be conferred upon it by this Agreement or th
- 18. Membership of the Committee
- The Committee consists of:
- (a) a Chair; and
- (b) five other members, each of whom represents a different State Contracting Government.
- 19. Appointment of Chair of the Committee
- (1) The Chair of the Committee is to be appointed by the Commonwealth Minister by written instrument.
- (2) The appointment of the Chair of the Committee is not invalidated merely because of a defect or irregularity in connection with the appointment.
- 20. Appointment of Other Members of the Committee
- (1) Any other member of the Committee is to be appointed, by written instrument, by the Minister for the State Contracting Government that the member is to repr
- (2) The member’s appointment is not invalidated merely because of a defect or irregularity in connection with the appointment.
- 21. Acting Members of the Committee
- (1) The Commonwealth Minister may, by written instrument, appoint an individual to act as the Chair of the Committee.
- (2) The Minister of a State Contracting Government may, by written instrument, appoint an individual to act as the Committee member for that Contracting Governm
- (3) An individual’s appointment under sub-clause (1) or (2) to act as a Committee member:
- (a) does not cease to have effect merely because the Committee member’s appointment ceases to have effect; and
- (b) if that Committee member is replaced by the appointment of another Committee member—continues in effect in relation to the new Committee member.
- (4) An individual appointed to act as a Committee member may act as, and perform the functions and exercise the powers of, the Committee member:
- (a) during a vacancy in the office of the Committee member, whether or not an appointment has previously been made to the office; or
- (b) during any period, or during all periods, when the Committee member:
- (i) is absent from duty or Australia; or
- (ii) is, for any reason, unable to attend a meeting of the Committee; or
- (iii) is, for any reason, unable to perform the duties of the office.
- (5) Anything done by or in relation to an individual purporting to act under an appointment is not invalid merely because:
- (a) the occasion for the appointment had not arisen; or
- (b) there was a defect or irregularity in connection with the appointment; or
- (c) the appointment had ceased to have effect; or
- (d) the occasion to act had not arisen or had ceased.
- 22. Period of Appointment
- A member of the Committee (including an acting member) holds office for the period specified in his or her instrument of appointment, and is eligible for re-app
- 23. Standing Obligation to Disclose Interests
- (1) A member of the Committee (including an acting member) must disclose any interest the member has if that interest could conflict with the proper performance
- Note: The member must also disclose the interest under clause 24 if the interest is in a matter being considered or about to be considered by the Committee.
- (2) Disclosure is required whether or not there is any particular matter under consideration that gives rise to an actual conflict of interest.
- (3) The disclosure must be by written notice given:
- (a) if the member is the Chair of the Committee—to the Chair of the Ministerial Council; or
- (b) if the member is not the Chair of the Committee—to the Chair of the Committee.
- The notice must be given as soon as practicable after the member becomes aware of the potential for conflict of interest.
- (4) Sub-clause (1) applies to interests:
- (a) whether direct or indirect, and whether or not pecuniary; and
- (b) whether acquired before or after the member’s appointment.
- 24. Obligation to Disclose Interests Before Considering a Particular Matter
- (1) If:
- (a) a member of the Committee (including an acting member) has an interest in a matter being considered or about to be considered by the Committee; and
- (b) the interest is an interest that could conflict with the proper performance of the functions of the member’s office, as those functions give the member a ro
- the member must disclose the nature of the interest to a meeting of the Committee.
- (2) The disclosure must be made as soon as possible after the relevant facts have come to the member’s knowledge.
- (3) The disclosure must be recorded in the minutes of the meeting of the Committee.
- (4) Sub-clause (1) applies to interests:
- (a) whether direct or indirect, and whether or not pecuniary; and
- (b) whether acquired before or after the member’s appointment.
- 25. Chief Executive and Authority Chair May Attend Meetings
- (1) The Chief Executive and Authority Chair:
- (a) may attend, and participate in, any meeting of the Committee; and
- (b) are entitled to access to any documents of the Committee that are relevant to such a meeting.
- (2) However, the Chief Executive and the Authority Chair are not entitled to vote on a matter to be decided in the meeting.
- (3) If:
- (a) the Chief Executive or Authority Chair has an interest in a matter being considered or about to be considered by the Committee; and
- (b) the interest is an interest that could conflict with the proper performance of the functions of his or her office, as those functions relate to his or her a
- he or she must disclose the nature of the interest to the meeting of the Committee.
- (4) The disclosure must be made as soon as possible after the relevant facts have come to his or her knowledge.
- (5) The disclosure must be recorded in the minutes of the meeting of the Committee.
- (6) Sub-clause (3) applies to interests:
- (a) whether direct or indirect, and whether or not pecuniary; and
- (b) whether acquired before or after the appointment of the Chief Executive or Authority Chair.
- DIVISION 2—FUNCTIONS AND POWERS OF THE COMMITTEE
- 26. Functions and Powers of the Committee
- (1) The functions of the Committee are:
- (a) to advise the Ministerial Council in relation to outcomes and objectives on major policy issues of common interest to the Contracting Governments in relatio
- (b) to give effect to any policy or decision of the Ministerial Council, as required by the Ministerial Council;
- (c) to exercise responsibility for high level decision making in relation to river operations, including by setting objectives and outcomes to be achieved by th
- (d) to exercise the powers and discharge the duties conferred on it by or under this Agreement or the Water Act.
- (2) Paragraphs (1)(b) and (c) do not operate:
- (a) to confer any powers on the Committee in addition to powers conferred by other provisions of this Agreement or the Water Act;
- (b) to enable the Committee to—
- (i) do anything; or
- (ii) require the Authority to do anything,
- for which Part VII and subsequent Parts provide, otherwise than as provided for by those Parts as amended from time to time.
- (3) The advice referred to in paragraph (1)(a) shall be determined by majority vote of the Committee members who constitute a quorum. In the event of a unanimou
- DIVISION 3—DECISION MAKING BY THE COMMITTEE
- 27. Proceedings of the Committee
- (1) The Committee members may meet together for the transaction of the Committee’s business and may adjourn any meeting.
- (2) Any Committee member may at any time call a meeting of the Committee.
- (3) Each Committee member shall have one vote.
- (4) Subject to sub-clauses (5) and (6), one Committee member for each Contracting Government shall constitute a quorum.
- (5) The quorum of the Committee for debating any issue, or considering or making any resolution on an issue, related to any provision of the Agreement, or to an
- (6) The quorum of the Committee for debating any issue, or considering or making any resolution on an issue in respect of its functions under the Water Act:
- (a) includes the Committee member for Queensland unless the matter relates to Part 2A of the Water Act, in which case the quorum includes that member only if th
- (b) includes the Committee member for the Australian Capital Territory unless the matter relates to Part 2A of the Water Act, in which case the quorum includes
- (7) A person who is not included in a quorum may not vote on any resolution referred to in sub-clause (5) or (6).
- (8) Except as provided in sub-clauses 26(3) and 99(2) a resolution before the Committee will be carried only:
- (a) by a unanimous vote of all Committee members present who constitute a quorum; or
- (b) by majority vote of the Committee members present who constitute a quorum, if those members by a unanimous vote agree that the resolution will be carried in
- (9) The Committee must, subject to this Agreement, determine its own procedure.
- (10) The Committee must keep proper minutes of its proceedings.
- 28. Resolutions Other than at Meetings
- (1) The Committee may make a resolution other than at a duly convened meeting.
- (2) Before a resolution is made pursuant to sub-clause (1):
- (a) subject to sub-clause (4), the text of the proposed resolution must be referred to the Committee member appointed by each Contracting Government; and
- (b) that Committee member must approve the text of the proposed resolution.
- (3) Subject to sub-clause (4), a resolution under this clause shall be made at the time when each Committee member referred to in sub-clause (2) has signified a
- (4) The text of a resolution for which approval is sought under this clause, relating to any provision of this Agreement, or to any issue in respect of the Comm
- (5) A Committee member may signify approval of a resolution by any means, provided that:
- (a) approval by telephone must be signified in person by the Committee member; and
- (b) approval in writing must be by letter or facsimile transmission which has been dated and signed by the Committee member.
- (6) A resolution made under this clause must be duly recorded and a copy sent to each Committee member within 21 days of the resolution being made.
- PART V—THE AUTHORITY
- 29. Functions, Powers and Duties of the Authority
- (1) The functions of the Authority are:
- (a) to give effect to any decision of the Ministerial Council, including any decision made under sub-clause (3);
- (b) to give effect to any high level decision of the Committee in relation to river operations;
- (c) to provide advice to the Ministerial Council and the Committee as required to fulfil their functions;
- (d) to provide administrative support to the Ministerial Council and the Committee; and
- (e) to exercise the powers and discharge the duties conferred on it by or under this Agreement.
- (2) Subject to a decision of the Ministerial Council made under sub-clause (3), in carrying out its functions the Authority is to act in accordance with:
- (a) the provisions of this Agreement;
- (b) the corporate plan;
- (ba) the work plan;
- (c) the strategic asset management plan;
- (d) the asset agreement;
- (da) the service level agreement; and
- (e) in relation to river operations, the requirements of clause 30.
- (3) The Ministerial Council may, if it agrees that an emergency exists, decide that the Authority should carry out functions or exercise powers for the purposes
- (a) that are in addition to functions or powers conferred by the other provisions of this Agreement; or
- (b) otherwise than as required by sub-clause (2).
- 30. Authority’s Functions in Relation to River Operations
- (1) The Authority must not exercise any of its functions in relation to river operations in a manner that has the potential to have a material effect on State w
- (2) Subject to sub-clause (3), the Authority must carry out its functions in relation to river operations in accordance with objectives and outcomes specified i
- (3) If clause 33 requires the Authority to refer to the Committee a matter relating to the Authority’s functions in relation to river operations, the Authority
- 31. Objectives and outcomes for river operations
- (1) The Committee must each year, unless the Committee determines otherwise, approve, and may from time to time amend, a document which specifies the objectives
- (2) A document (including an amended document) approved under this clause remains in effect until the Committee resolves to approve a new document.
- (3) A document approved under this clause may require the Authority to refer to the Committee for the purposes of a determination under clause 33 any specified
- (4) If a document approved under this clause includes a requirement to refer, the document must specify the criteria to be applied to determine whether a matter
- 32. Continuation of Resolutions, Practices and Procedures Relating to River Operations
- (1) From the commencing day, and until the Committee approves a document under clause 31 the Authority must, subject to a determination under clause 33, carry o
- (2) In this clause “Commission’s water business” has the same meaning as under the former Agreement.
- 33. Referrals and Determinations in Relation to River Operations
- (1) The Authority must refer to the Committee any matter relating to carrying out river operations:
- (a) that the document approved under clause 31 requires the Authority to refer; or
- (b) that two or more members of the Committee have notified the Authority and the Committee in writing is a matter that should be referred to the Committee beca
- (2) A notification made under paragraph (1)(b) may be withdrawn at any time before a determination is made under this clause, by notice in writing given to the
- (3) The Authority must refer to the Committee any decision that the Authority proposes to make in relation to river operations that has the potential to have a
- (4) The Authority may, before the Committee has approved a document under clause 31, refer to the Committee a proposal by the Authority to carry out its functio
- (5) If the Authority refers a matter to the Committee under this clause, the Committee must consider the matter and may make a determination in relation to it.
- (6) A determination under sub-clause (5) will be made:
- (a) by a unanimous vote of all Committee members present who constitute a quorum; or
- (b) by majority vote of the Committee members present who constitute a quorum, if those members by a unanimous vote agree that the resolution will be carried in
- (7) If the Committee cannot make a determination in relation to a referred matter, the matter must be referred to the Ministerial Council as if it were a motion
- (8) After a matter has been referred to the Committee under this clause, the Authority must:
- (a) continue to carry out its functions in relation to river operations in accordance with resolutions, practices and procedures that were in effect before the
- (b) in the case of a proposed decision, must not make the decision, until such time as the Committee makes a determination under this clause.
- 34. Annual Corporate Plan
- (1) The Authority must prepare a draft corporate plan, by the date determined by the Ministerial Council, for each reporting period of the Authority under the P
- (2) The draft corporate plan must:
- (a) state that it is prepared for the purposes of this Agreement; and
- (b) subject to paragraph (a), include the same matters in relation to the Authority’s functions under this Agreement as are required to be included in the corpo
- (c) cover the same period as the corporate plan mentioned in paragraph (b) is required to cover.
- Note—The corporate plan prepared for section 35 of the Public Governance, Performance and Accountability Act 2013 (Commonwealth) covers all of the Authority’s f
- (3) The draft corporate plan may include any other matters relevant to the Authority’s functions as the Authority sees fit.
- (4) The Authority must provide the draft corporate plan to the Committee.
- (5) After considering the draft corporate plan, the Committee must submit the draft plan and the Committee’s advice in relation to it, to the Ministerial Counci
- (6) After receiving the plan and the advice of the Committee, the Ministerial Council may:
- (a) approve the plan with or without amendment; or
- (b) refer the plan back to the Authority for further consideration.
- 34A. Work plan
- (1) The Authority must prepare a draft work plan, by the date determined by the Ministerial Council, for a specified period.
- (1A) The specified period for a work plan is 4 years, unless the Ministerial Council determines a shorter period.
- (2) The draft work plan must set out the following:
- (a) the Authority’s activities relating to this Agreement for the specified period for the work plan, including the activities through which the Authority inten
- (i) set by the Ministerial Council; and
- (ii) set by the Committee in respect of river operations;
- (b) new capital works and operational and maintenance programs to be undertaken or required under Part VIII of this Agreement, including as may be required to i
- (c) the budget for the activities, works and programs for each financial year of the specified period for the work plan, including:
- (i) the estimated amounts to be contributed by each Contracting Government; and
- (ii) estimates of the Authority’s known and anticipated expenditure;
- (d) a statement of any unexpended balance of moneys referred to in subclause 80(1).
- (3) The draft work plan may include any other matters relevant to the Authority’s functions under this Agreement as the Authority sees fit.
- (4) The Authority:
- (a) must provide the Committee the draft work plan; and
- (b) may provide the Committee the Authority’s forecast of costs, prepared under subclause 34B(1), as it exists at the time the Authority provides the draft work
- (5) The Committee must, after considering the documents provided to it under subclause (4), submit the following documents to the Ministerial Council:
- (a) the draft work plan;
- (b) the Committee’s advice in relation to the draft work plan;
- (c) if the Authority provided the forecast of costs to the Committee under paragraph (4)(b)—the forecast of costs.
- (6) After receiving the documents provided under subclause (5), the Ministerial Council may:
- (a) approve the plan with or without amendment; or
- (b) refer the draft plan back to the Authority for further consideration.
- 34B Forecast of costs
- (1) The Authority must, as soon as practicable after this clause commences, prepare a forecast of costs which will be incurred during the next 30 years (or such
- (2) The Authority may amend the forecast of costs at any time if the Authority considers it necessary or desirable to do so.
- 35. Amendment of Annual Corporate Plan and Work Plan
- (1) If the Authority considers that it is necessary or desirable for there to be a significant variation to the corporate plan or the work plan, the Authority m
- (1A) If the Ministerial Council requests the Authority to prepare a draft amendment to the corporate plan or the work plan to give effect to a decision of the M
- (2) After considering a draft amendment provided to it under sub-clause (1) or (1A), the Committee must submit the draft amendment and the Committee’s advice in
- (3) After receiving the draft amendment and the advice of the Committee, the Ministerial Council may:
- (a) approve the amendment of the relevant plan with or without further amendment; or
- (b) refer the draft amendment back to the Authority and request that the Authority make changes to the draft amendment.
- 35A. Service Level Agreement
- The service level agreement between the Ministerial Council and the Authority will set out the key elements of how the Authority will undertake its responsibili
- (a) the work plan (deliverables, standards, costs, timelines, risk assessment and risk treatment); and
- (b) the strategic asset management plan (review and delivery); and
- (c) the objectives and outcomes document; and
- (d) financial and performance reporting; and
- (e) management and decision making protocols; and
- (f) audit and review processes.
- PART VI—APPLICATION OF AGREEMENT TO QUEENSLAND AND THE AUSTRALIAN CAPITAL TERRITORY
- 36. Application of Agreement to Queensland and the Australian Capital
- The provisions of the Agreement apply to the State of Queensland and the Australian Capital Territory except:
- (a) for those provisions declared not to apply by this Part; and
- (b) to the extent that provisions are modified by this Part; and
- (c) where the Ministerial Council or the Committee determines that a provision does not apply pursuant to clause 39.
- 37. Provisions Not Applying to Queensland
- (1) Parts XII, XIII and XIV of the Agreement do not apply to the State of Queensland.
- (2) Clause 145 of the Agreement only applies to the State of Queensland in respect of an act, omission or loss incurred, in relation to the bona fide execution
- (a) in or related to the State of Queensland; or
- (b) under a provision of the Agreement as it applies to the State of Queensland.
- (3) Insofar as any provision of the Agreement bears on a matter set out in sub-clause (4), that provision does not apply to the State of Queensland.
- (4) Sub-clause (3) applies to:
- (a) any issue concerning the design, execution, construction, funding, operation, maintenance, alteration or replacement of any works, measures, policies or str
- (b) any liability of the Committee or Authority, any Contracting Government or any Constructing Authority in respect of -
- (i) any matter referred to in paragraph (4)(a); or
- (ii) any matter arising under a provision of the Agreement which the Ministerial Council or Committee has determined does not apply to the State of Queensland u
- (5) Nothing in the Agreement requires the State of Queensland:
- (a) to contribute to the costs of, or associated with, remedying any actual or anticipated damage referred to in paragraph 57(c) of the Agreement; or
- (b) to meet any compensation for damage paid under clause 84 of the Agreement,
- except where the State of Queensland has contributed to the construction, maintenance or operation expenses of the works to which the costs or compensation rela
- 38. Provisions not applying to the Australian Capital Territory
- (1) Parts XII, XIII and XIV of the Agreement do not apply to the Australian Capital Territory.
- (2) Clause 145 of the Agreement only applies to the Australian Capital Territory in respect of an act, omission or loss incurred in relation to the bona fide ex
- (a) in or related to the Australian Capital Territory; or
- (b) under a provision of the Agreement as it applies to the Australian Capital Territory.
- (3) Insofar as any provision of the Agreement bears on any of the following matters, it does not apply to the Australian Capital Territory:
- (a) any matter concerning the design, execution, construction, funding, operation, maintenance, alteration or replacement of any works, measures, policies or st
- (b) any liability of the Committee or Authority, any Contracting Government or any Constructing Authority in respect of:
- (i) any matter referred to in paragraph (3)(a); or
- (ii) any matter arising under a provision of the Agreement which the Ministerial Council or Committee has determined does not apply to the Australian Capital Te
- (4) Nothing in the Agreement requires the Australian Capital Territory:
- (a) to contribute to the costs of or associated with remedying, any actual or anticipated damage referred to in paragraph 57(c) of the Agreement; or
- (b) to meet any compensation for damage paid under clause 84 of the Agreement,
- except where the Australian Capital Territory has contributed to the construction, maintenance or operation expenses of the works to which the costs or compensa
- 39. Powers of Ministerial Council and Committee to make determinations
- (1) The Ministerial Council or the Committee, as the case may be, may:
- (a) determine that a provision of the Agreement does not apply to the State of Queensland or the Australian Capital Territory, or both, either generally or in r
- (b) revoke any such determination made by it, or any similar such determination made by the former Ministerial Council under the former Agreement.
- (2) The Ministerial Council may, at any time, direct that any determination made:
- (a) by the Committee under sub-clause (1); or
- (b) by the Commission or the former Ministerial Council under clause 4 of Schedule D or clause 6 of Schedule H of the former Agreement,
- is to be deemed to have been either revoked, or altered in any way directed by the Ministerial Council.
- (3) The Committee and, if the case requires, the Authority, must give effect to any determination made by the Ministerial Council under sub-clause (1).
- 40. Factors to be Considered by Ministerial Council or Committee
- (1) In making a determination under clause 39, the Ministerial Council or the Committee must apply the guidelines set out in this clause, unless the Ministerial
- (2) A provision should apply to the State of Queensland if:
- (a) issues arising under that provision are likely to cause a significant benefit or a significant detriment to Queensland;
- (b) any decisions or actions taken within Queensland without reference to that provision might cause significant benefit or significant detriment to any part of
- (c) the Government of Queensland has incurred or may incur any financial obligation as a result of that provision.
- (3) A provision should not apply to the State of Queensland if issues arising under that provision are only likely to concern that portion of the Murray-Darling
- (4) A provision should not apply to the Australian Capital Territory unless:
- (a) issues arising under that provision are likely to cause a significant benefit or a significant detriment to the Australian Capital Territory; or
- (b) any decisions or actions taken within the Australian Capital Territory without reference to that provision might cause significant benefit or significant de
- (c) the Government of the Australian Capital Territory has incurred or may incur any financial obligation as a result of that provision.
- 41. Application of Previous Ministerial Council Decisions to Queensland
- (1) The Ministerial Council may affirm that a policy, determination or decision of the former Ministerial Council applies to the State of Queensland.
- (2) Any such policy, determination or decision shall apply to the State of Queensland in whole or in part, or with such modification, as the Ministerial Council
- (3) This clause applies only to policies, determinations or decisions made by the former Ministerial Council between 27 August 1986 and the first meeting of the
- (4) Any policy, determination or decision referred to in sub-clause (3) which is not affirmed by the Ministerial Council under sub-clause (1) does not apply to
- 42. Application of previous Ministerial Council decisions to the Australian Capital Territory
- (1) Except as provided in this clause, every policy, determination or decision made by the former Ministerial Council before it approved Schedule H of the forme
- (2) If the Ministerial Council allows, the Australian Capital Territory may propose to the Committee that a policy, determination or decision of the former Mini
- (a) should apply to the Australian Capital Territory; or
- (b) should only apply to the Australian Capital Territory with modifications; or
- (c) should not apply to the Australian Capital Territory.
- (3) The Committee shall consider any proposal made under sub-clause (2) and may make such recommendations to the Ministerial Council about the proposal, as it t
- (4) The Ministerial Council, after considering any recommendations made by the Committee, may either:
- (a) adopt the proposal, with or without amendments; or
- (b) reject the proposal.
- (5) Any policy, determination or decision referred to in sub-clause (1), which is not mentioned in a proposal as adopted by the Ministerial Council under sub-cl
- PART VII—INVESTIGATION, MEASUREMENT AND MONITORING
- 43. Investigations and Studies
- (1) The Authority may co-ordinate, carry out or cause to be carried out surveys, investigations and studies regarding the desirability and practicability of wor
- (a) the conservation and regulation of river water;
- (b) the protection and improvement of the quality of river water;
- (c) the conservation, protection and management of aquatic and riverine environments; and
- (d) the control and management of groundwater which may affect the quality or quantity of river water.
- (2) The Authority may, without further approval of any Contracting Government, carry out, or cause to be carried out surveys, investigations or studies pursuant
- (a) the upper River Murray; and
- (b) the River Murray in South Australia.
- (3) Except as provided in sub-clause (2) or as authorised under the Water Act, the Authority must not carry out or cause to be carried out surveys, investigatio
- 44. Monitoring
- The Authority, subject to clause 46, may establish, maintain and operate effective means for monitoring the quality, extent, diversity and representativeness of
- (a) aquatic and riverine environments; and
- (b) the effect of groundwater on water and other natural resources.
- 45. Measurements of Water Quantity and Quality
- The Authority must establish, maintain and operate an effective and uniform system:
- (a) for making and recording continuous measurements of -
- (i) the flow of the River Murray, and tributaries of the River Murray within the boundaries of each State; and
- (ii) the volume of stored water,
- at such locations as the Authority deems necessary to determine the volume of the intake from the several portions of the drainage area of the River Murray, the
- (b) for making and recording continuous measurements of all diversions, whether natural or artificial, or partly natural and partly artificial, from the River M
- (c) for measuring and monitoring the quality of -
- (i) River Murray water;
- (ii) water in tributaries of the River Murray at such locations at or near the confluence of each of those tributaries with the River Murray as the Authority, a
- (iii) stored water.
- 46. Need for Approval in Certain Cases
- (1) The Authority may, without further approval of any Contracting Government, establish, maintain and operate any system or means referred to in clauses 44 and
- (a) the upper River Murray; and
- (b) the River Murray in South Australia.
- (2) Except as provided in sub-clause (1) or as authorised under the Water Act, the Authority must not establish, maintain or operate any system or means referre
- (a) informing the Committee of the proposed system or means; and
- (b) obtaining the consent of that State Contracting Government.
- 47. Power to Arrange Data in Lieu
- Instead of establishing, maintaining or operating systems and means referred to in clauses 44 and 45, the Authority may:
- (a) adopt the results of any measurements or monitoring made by any Contracting Government; or
- (b) request a State Contracting Government to carry out any monitoring or measurement within its territory in such manner as the Authority considers necessary.
- 48. Water Quality Objectives
- (1) The Authority must formulate water quality objectives for the River Murray and make recommendations with respect thereto to the Ministerial Council.
- (2) This clause ceases to have effect after the Basin Plan first takes effect.
- 49. Authority to be Informed of New Proposals
- (1) Whenever a Contracting Government or a public authority is considering any proposal which may significantly affect the flow, use, control or quality of any
- (a) inform the Authority of the proposal; and
- (b) provide the Authority with all necessary information and data to permit it to assess the anticipated effect of the proposal on the flow, use, control or qua
- (2) The necessary information and data must be provided in sufficient time to allow the Authority:
- (a) to assess the possible effect of the proposal on the flow, use, control or quality of that water; and
- (b) to make representations thereon to that Contracting Government or public authority,
- before the Contracting Government or public authority decides if the proposal will proceed.
- (3) The Authority shall consult with each Contracting Government, and with any public authority responsible to a Contracting Government which that Contracting G
- (a) the types of proposals to which sub-clause (1) shall apply; and
- (b) the criteria to be used in assessing those proposals to which sub-clause (1) applies.
- (4) Despite sub-clause (3), sub-clauses (1) and (2) apply to any proposal referred to in clause 23 of Schedule F.
- 50. Environmental Assessment
- The Authority must, in exercising its powers or functions, or in implementing works or measures under this Agreement, examine and take into account any possible
- 51. Protection of Catchment of Hume Reservoir
- (1) The State Contracting Governments of New South Wales and Victoria must take effective measures to protect the portions of the catchment of the Hume Reservoi
- (2) Each of those Contracting Governments must, before the end of June in each year, forward a report to the Authority on:
- (a) the condition of the portion of the catchment of the Hume Reservoir within its territory;
- (b) the measures taken and work carried out during the twelve months to the end of March immediately preceding; and
- (c) particulars of the measures and works proposed for the next twelve months.
- (3) The Authority must, from time to time, inspect or cause to be inspected such portions of the catchment of the Hume Reservoir as it thinks fit and may indica
- (4) Measures, works and action taken or carried out by a Contracting Government pursuant to sub-clause (1) or (3) shall be paid for by that Contracting Governme
- (5) If at any time the Authority considers that there is need for special action to protect the catchment of the Hume Reservoir from erosion, other than, or in
- PART VIII—CONSTRUCTION, OPERATION AND MAINTENANCE OF WORKS
- 52. Works and Measures Subject to the Agreement
- (1) Works or measures from time to time included in a Schedule to this Agreement or authorised pursuant to clause 56 must be constructed, operated, maintained o
- (a) in accordance with -
- (i) the provisions of this Agreement and any State MDB Act;
- (ii) the corporate plan;
- (iia) the work plan; and
- (iii) in respect of works—
- (A) the strategic asset management plan; and
- (B) the asset agreement that relates to those works,
- unless determined otherwise by the Ministerial Council;
- (b) by the Contracting Government from time to time nominated under sub-clause 56(5) for the purpose.
- (2) A Contracting Government:
- (a) described as a ‘Nominated Government’ in Schedule A with respect to a work; or
- (b) nominated under the former Agreement with respect to a work,
- is deemed to have been nominated under paragraph (1)(b) to construct, operate, maintain and renew that work, until a work plan nominates another Contracting Gov
- 53. Strategic Asset Management Plan
- (1) The Authority must, by 30 June 2030, prepare a draft strategic asset management plan that sets out the Authority’s strategic plan for the management of RMO
- (a) the respective responsibilities of each Contracting Government and the Authority in relation to the assets and the works; and
- (b) any other matter the Authority considers relevant to the strategic management of the assets and the works.
- (3) The Authority must provide the draft strategic asset management plan to the Committee.
- (4) After considering the draft strategic asset management plan, the Committee must submit the draft plan and the Committee’s advice in relation to it, to the M
- (5) After receiving the draft strategic asset management plan and the advice of the Committee, the Ministerial Council may:
- (a) approve the plan with or without amendment; or
- (b) refer the draft plan back to the Authority for further consideration.
- (6) The Committee must monitor the implementation of the strategic asset management plan and may advise the Ministerial Council or the Authority in respect of t
- (7) The Authority must review the strategic asset management plan every 4 years.
- (8) The Authority:
- (a) must prepare a draft amendment to the strategic asset management plan if the Committee recommends an amendment to the plan; and
- (b) may prepare a draft amendment to the strategic asset management plan as a consequence of any of the following:
- (i) the review;
- (ii) a new work being authorised under clause 56;
- (iii) the Authority considering it necessary or desirable to do so.
- (9) Sub-clauses (3), (4) and (5) apply to a draft amendment as if it were a draft strategic asset management plan.
- 54. Control and Management of RMO assets
- (1) RMO assets are not under the ownership or control of the Authority; however, the Authority manages the assets in accordance with sub-clause (3).
- (2) RMO assets are controlled jointly by the Commonwealth Government and the Governments of South Australia, New South Wales and Victoria (“the asset controllin
- (3) The asset controlling governments agree that the Authority is to manage the RMO assets on behalf of the asset controlling governments for the purposes of th
- (4) For the purposes of this clause, the Authority must maintain books of account and records in relation to the RMO assets that comply with applicable statutor
- (5) Without limiting sub-clause (4), books of account maintained by the Authority for the purposes of this clause must:
- (a) be maintained separately from the accounts required to be kept by the Authority for the purposes of the Murray-Darling Basin Special Account;
- (b) include an asset register and asset revaluations;
- (c) be made available to an asset controlling government upon request.
- (6) The Authority must report on the books of account in the manner and at the times specified in the asset agreement.
- (7) The books of account maintained by the Authority for purposes of sub-clause (4) will be audited by the Australian National Audit Office or other such body a
- 55. Asset Agreement
- (1) The Authority must as soon as practicable after this Agreement comes into effect make an asset agreement with the asset controlling governments referred to
- (2) The asset agreement must include provisions about accounting for, reporting on and managing the RMO assets.
- (3) The asset agreement must not be inconsistent with any provision of this Agreement.
- (4) The asset agreement may be reviewed and amended by agreement between the parties.
- Note—The Authority may also enter an agreement or an understanding with a Contracting Government or Constructing Authority in relation to operating, maintaining
- 56. Authorisation of Further Works or Measures
- (1) The Ministerial Council and, subject to sub-clause (3), the Authority, may, to promote the equitable, efficient and sustainable use of the water and other n
- (a) the construction of any works in addition to works set out in Schedule A; and
- (b) the improvement of the design, function or operation of works set out in Schedule A or any other works constructed under this Agreement, or of a significant
- (c) the replacement of the whole or a significant part of works set out in Schedule A or any other works constructed under this Agreement; and
- (d) work to prevent or remedy the extraordinary failure of part or all of any works set out in Schedule A or any other works constructed under this Agreement; a
- (e) the implementation of any measures.
- (2) Unless the Ministerial Council decides that a work or measure is required to address an emergency, a work or measure is authorised by the Ministerial Counci
- (3) The Authority may authorise the execution of any work or the implementation of any measure pursuant to this clause which is estimated to cost not more than
- (4) All provisions of this Agreement apply mutatis mutandis to any work or measure approved under this clause.
- (5) When any work or measure is authorised pursuant to this clause the Ministerial Council, the Authority or the work plan, as the case may be, must nominate wh
- (a) the construction, operation and maintenance of such work; or
- (b) the implementation of such measure,
- in whole or in part.
- (6) The Ministerial Council may:
- (a) resolve to include any works or measures authorised pursuant to sub-clause (1) in a Schedule to the Agreement; and
- (b) approve any Schedule prepared or amended pursuant to paragraph (a).
- (7) When a Schedule is approved by the Ministerial Council under paragraph (6)(b) it:
- (a) becomes part of the Agreement; and
- (b) takes effect as provided for in sub-clause 5(2).
- 57. Ancillary, Preventative and Remedial Works
- On the application of a Committee member and subject to the work plan, the Authority may meet, or contribute to the costs of, or associated with:
- (a) the construction, operation or maintenance of-
- (i) any works of a Contracting Government ancillary to the works constructed pursuant to this Agreement or the former Agreement; and
- (ii) any preventative or remedial works of a Contracting Government necessitated by, or arising from, the construction or operation of works constructed pursuan
- (b) the acquisition by a Contracting Government of any interest in land necessary for the construction, operation or maintenance of those ancillary, preventativ
- (c) remedying any actual or anticipated damage or injury occasioned by the construction, operation or maintenance of any works provided for in this Agreement or
- 58. Preparation and Submission of Designs etc of Works for Authority Approval.
- (1) A Contracting Government nominated to construct a work pursuant to this Agreement must submit a general scheme of the work to the Authority for its approval
- (2) Before beginning to construct that work, the Contracting Government must submit designs, specifications and estimates of the work to the Authority for its a
- (3) The Authority may approve the general scheme, designs, specifications or estimates with or without alterations or additions, or may, from time to time, refe
- (4) The Contracting Government must carry out an authorised work in accordance with:
- (a) the designs and specifications approved by the Authority; and
- (b) any directions given by the Authority pursuant to clause 61.
- 59. Submission of Details of Measures for Authority Approval
- (1) A Contracting Government nominated to implement any measure pursuant to this Agreement:
- (a) must submit -
- (i) a general description of the measure and of the method of implementing it; and
- (ii) the estimated cost of implementing the measure,
- to the Authority for its approval; and
- (b) must submit proposed arrangements for sharing the costs of implementing the measure among the Contracting Governments to the Authority for the Authority to
- (2) The Contracting Government must implement an authorised measure in accordance with:
- (a) those matters approved by the Authority under sub-clause (1);
- (b) any directions given by the Authority pursuant to clause 61.
- 60. Authority Approval of Certain Tenders
- (1) All works constructed under this Agreement for an amount exceeding $2,000,000 or such other higher amount determined by the Authority from time to time, mus
- (2) A Constructing Authority must obtain the approval of the Authority before accepting any tender relating to this Agreement for any amount exceeding $4,000,00
- (3) If the concept or design of any work or measure or any changes thereto cause the total estimated cost of the work or measure to rise by more than 10% of the
- (a) immediately notify the Ministerial Council; and
- (b) if the Ministerial Council does not agree that the work or measure should proceed within one month of being notified of the increased estimated cost, direct
- 61. Directions for the Efficient Construction etc of Works
- (1) The Authority may give directions, as required to give effect to the work plan and strategic asset management plan, or to give effect to a decision of the M
- (a) the efficient construction, operation, maintenance and required performance of any work; and
- (b) the efficient implementation of any measures,
- authorised pursuant to this or the former Agreement.
- (2) A Constructing Authority must give effect to any directions given to it by the Authority under sub-clause (1).
- (3) The Authority may direct:
- (a) if necessary, what shall be regarded as:
- (i) investigations, construction and administration; or
- (ii) major or cyclic maintenance; or
- (iii) operation and maintenance; and
- (b) the doing of such acts or things as it considers necessary to ensure that the provisions of this Part are observed.
- (4) In exercising its power under paragraph (3)(a), the Authority must not direct that any of the following description of work shall be regarded as operation a
- (a) the execution of any improvement to the design, function or operation of any existing work or significant part of any existing work;
- (b) the replacement of the whole or a significant part of any existing work;
- (c) work to prevent or remedy the extraordinary failure of part or all of any existing work.
- 62. States to Facilitate Construction and Operation Within Their Territories
- A State Contracting Government must grant all powers, licences or permissions with respect to its territory as may be necessary for:
- (a) the construction, operation or maintenance of any works;
- (b) the implementation of any measures; or
- (c) the carrying out of any operation,
- required to be undertaken by any other Contracting Government or a public authority pursuant to this Agreement.
- 63. Works for Benefit of State Contracting Governments
- (1) Any State Contracting Government which, either alone or jointly with another Contracting Government, proposes to carry out any work not provided for by this
- (2) Sub-clause (1) does not apply to the Great Darling Anabranch.
- (3) The Authority may approve the plans of the proposed work with or without alteration.
- (4) The Authority may from time to time stipulate conditions for the operation of any work constructed under this clause which:
- (a) provides for the storage of water; or
- (b) will affect the flow, use, control or quality of the water of the River Murray,
- in so far as that operation may affect regulation of the flow or the quality of the water.
- (5) The cost of constructing, operating and maintaining works proposed pursuant to this clause must be borne by:
- (a) the State Contracting Government proposing the work; or
- (b) the Contracting Governments jointly proposing the work in such proportion as may be agreed between those Contracting Governments.
- (6) A State Contracting Government must operate any work carried out pursuant to this clause in such manner as the Authority may require from time to time.
- 64. Declaration that Works or Measures are Effective
- At any time after construction of any work or implementation of any measure authorised pursuant to sub-clause 56(1) has commenced, the Authority may declare tha
- 65. Maintenance of Works
- A Contracting Government nominated to construct a work pursuant to paragraph 52(1)(b) must maintain it and keep it effective for its original purpose, unless it
- 66. Procedures for Operation of Works
- The Authority may, from time to time, determine procedures for the operation of works constructed or measures implemented pursuant to this or the former Agreeme
- 67. Dredging and Snagging
- (1) The Authority may, to the extent provided for in the work plan or in an emergency, from time to time direct that the River Murray upstream of any weir const
- (2) The distance determined pursuant to sub-clause (1) must not exceed the distance to which the navigability of the River Murray is affected by the weir.
- (3) The Contracting Government which constructed the weir must carry out the Authority’s direction and meet the cost involved, unless the work plan provides tha
- 68. Operation of Works
- (1) The Contracting Government nominated to operate a work pursuant to paragraph 52(1)(b) must:
- (a) operate it in accordance with any procedures determined by the Authority under clause 66;
- (b) if the work is a lock, maintain immediately downstream of the lock such depth of water -
- (i) as is sufficient for navigation of vessels drawing 1.4 metres of water; or
- (ii) such other depth determined by the Authority under clause 124,
- except when the lock is closed for maintenance or when there is an emergency.
- (2) Paragraph (1)(b) does not apply to Weir and Lock No.26 Torrumbarry nor to Weir and Lock No.15 Euston.
- 69. Performance of Joint Duties
- Where Contracting Governments are jointly under a duty to operate or maintain any works or implement any measures or to carry out any operation, any questions a
- (a) by mutual agreement; or
- (b) if agreement is not possible, by the Authority.
- 70. Ineffective Works
- (1) The Authority may at any time and in accordance with the strategic asset management plan, or in an emergency, declare ineffective the whole or part of any w
- (2) The Authority may require that the whole or any part of any work declared to be ineffective be dismantled.
- PART IX—FINANCE
- 72. Apportionment of Costs
- (1) The Ministerial Council, after considering any recommendation of the Authority, must determine:
- (a) what contribution, if any, is to be made by Queensland or the Australian Capital Territory, or both; and
- (b) whether some or all of that contribution is to be made as a lump sum or in a comparable manner to a manner provided for in sub-clause (3) or (4) or sub-clau
- (2) Subject to sub-clause (1), the Ministerial Council:
- (a) may, on the recommendation of the Authority, from time to time determine which proportion of the services provided by river operations is attributable to ea
- (b) must, at intervals not exceeding five years, reconsider the proportions determined under paragraph (2)(a); and
- (c) may, on the recommendation of the Authority, alter the proportions determined under paragraph (2)(a).
- (3) Unless the Ministerial Council decides otherwise and subject to any decision of the Ministerial Council under sub-clause (1), a State Contracting Government
- (4) Unless the Ministerial Council decides otherwise and subject to any decision by the Ministerial Council under sub-clause (1) and the provisions of clause 73
- (a) the Commonwealth Government must contribute one-quarter of all investigations, construction and administration costs after first deducting any contribution
- (i) Queensland and the Australian Capital Territory; or
- (ii) any State pursuant to any understanding reached between that State and the Contracting Governments; and
- (b) the State Contracting Governments must together contribute three-quarters of all investigations, construction and administration costs:
- (i) relating to river operations, in the relevant proportions determined under sub-clause (2); and
- (ii) relating to measures implemented under this Agreement, in equal shares.
- (5) The Ministerial Council, after considering any recommendation by the Authority, must determine whether the costs of any special action taken under sub-claus
- 73. Annuity Contributions
- (1) The Ministerial Council, on the recommendation of the Authority, may from time to time determine that a Contracting Government must make an annual annuity c
- (a) investigations, construction and administration costs; and
- (b) major or cyclic maintenance costs,
- which the Contracting Government might otherwise be required to contribute under sub-clause 72(1), (3), paragraph 72(4)(a) or sub-paragraph 72(4)(b)(i), in any
- (2) In fixing any annuity contribution under sub-clause (1), the Ministerial Council must have regard to the Authority’s forecast of costs prepared under subcla
- (a) the construction or renewal; and
- (b) major or cyclic maintenance,
- of works constructed, operated, maintained or renewed for the purposes of river operations (as the case requires) including any interest or other sums receivabl
- (3) For the purposes of this Part, the Authority must establish guidelines for determining what is, and what is not, major or cyclic maintenance.
- 75. Payments by Contracting Governments
- Each Contracting Government must pay any amount payable by it under clause 72 or 73 as and when required by the Authority.
- 76. Authority to Account
- (1) All moneys received by the Authority from the Contracting Governments under this Agreement must be credited to the Murray-Darling Basin Special Account.
- (2) The Authority must account to the Ministerial Council and each Contracting Government for all moneys received from the Contracting Governments under this Ag
- 77. Application of Moneys by Authority
- (1) Subject to this clause, the Authority must, in relation to money paid by the Contracting Governments, apply the money in a financial year (the relevant fina
- (a) the estimates referred to in the work plan (the current work plan); and
- (b) the other provisions of this Agreement.
- (2) The Authority may take any one or more of the following actions:
- (a) spend any anticipated savings on an item in the estimates referred to in the current work plan on any other item which the Authority anticipates will be ove
- (b) advance sums to any Constructing Authority, public authority or person for expenditure in:
- (i) the relevant financial year in accordance with the estimates referred in the current work plan; or
- (ii) any financial year after the relevant financial year in accordance with the estimates referred to in the current work plan or in a later work plan;
- (c) advance working capital to a Constructing Authority and replenish amounts expended from that advance from time to time;
- (d) approve the movement of anticipated savings on an item in the estimates referred to in the current work plan to any financial year after the relevant financ
- (3) The Authority may accumulate:
- (a) any sums received under sub-clause 72(3) or (4) for the purposes of river operations, but not expended in any year; and
- (b) any annuity contributions received under clause 73,
- for use in later financial years.
- (4) Any sum referred to in sub-clause (3) and any interest thereon must:
- (a) in the case of sums received under sub-clause 72(3), only be expended on operation and maintenance costs; and
- (b) in the case of sums received under sub-clause 72(4), only be expended on investigations, construction and administration costs; and
- (c) in the case of annuity contributions received under clause 73 from a State Contracting Government, only be expended on either of the following (as the case
- (i) investigations, construction and administration costs of river operations;
- (ii) major or cyclic maintenance costs of river operations; and
- (d) in the case of annuity contributions received under clause 73 from the Commonwealth, only be expended on investigations, construction and administration cos
- 78. Payments by Authority to Constructing Authorities
- (1) The Authority must each year, and in accordance with the estimates referred to in the work plan, pay to any Constructing Authority required by this Agreemen
- (a) to construct, operate or maintain any works;
- (b) to carry on any operation;
- (c) to implement any measures,
- an amount sufficient to defray either -
- (d) the whole cost; or
- (e) in the case of the cost referred to in paragraph 138(b), three quarters of the cost,
- to be incurred by the Constructing Authority for those purposes in that year.
- (2) The Authority must make the payments required under sub-clause (1) at such times and in such manner as is agreed between the Authority and the Constructing
- (3) The Authority must not make any payment relating to the construction of any works or implementation of any measures referred to in sub-clause 56(1) until co
- 79. Contracting Governments to Account
- Each Contracting Government and any public authority must account to the Authority for all moneys received from the Authority under this Agreement.
- 80. Unexpended Balances
- (1) Any unexpended balance of moneys paid to the Authority by Contracting Governments must only be expended under this Agreement in accordance with the work pla
- (2) The Authority must notify Contracting Governments of any unexpended balances of moneys referred to in sub-clause (1) held by it at the end of any financial
- 81. List of Assets
- (1) Except as provided in sub-clause (2) the Authority must keep a list of assets acquired by:
- (a) the Authority;
- (b) a Constructing Authority with funds provided by the Authority.
- (2) The Authority need not keep a list of assets referred to in paragraph (1)(b) if it is satisfied that:
- (a) proper records of those assets are kept by the Constructing Authority; and
- (b) copies of those records will be provided to the Authority at its request.
- 82. Disposal of Surplus Assets
- (1) The Authority may, with the approval of the Committee, direct when and how surplus assets acquired by a Constructing Authority with funds provided by the Au
- (2) Subject to sub-clause (3), the Committee must determine how proceeds from the disposal of surplus assets are:
- (a) to be paid to the Authority and credited against future capital and renewal contributions by; or
- (b) to be distributed among,
- the Contracting Governments, having regard to the contributions made by each Contracting Government to the acquisition of those assets.
- (3) A determination under sub-clause (2) that relates to RMO assets must be consistent with the asset agreement.
- 83. Revenue
- (1) Any money received by a Contracting Government or a public authority from the use of works subject to this Agreement must be paid to the Authority.
- (2) The Authority may provide and charge for goods and services incidental to its functions which are not otherwise provided for in this Agreement.
- (3) Money paid to the Authority under this clause must either:
- (a) be expended on investigations, construction and administration costs; or
- (b) applied in accordance with sub-clause 80(1).
- 84. Compensation for Damage by Works
- The Contracting Governments must meet, in equal shares, any compensation for damage paid by a Constructing Authority pursuant to the Water Act or a State MDB Ac
- (a) caused or arising from anything done by it in constructing, operating or maintaining any works or executing any measures provided for in this Agreement; and
- (b) which has not been met or contributed to by the Authority under paragraph 57(c).
- PART X—REPORTS
- 85. Preparation of Reports
- As soon as practicable after the end of each financial year, the Chief Executive must prepare and give to the Ministerial Council a report as required under sec
- PART XI—PROCEEDINGS IN DEFAULT
- 86. Failure to Perform Works or Contribute Cost
- (1) The Authority must immediately notify the Committee, the Ministerial Council and each other Contracting Government if any Contracting Government fails, afte
- (a) do anything in relation to any works or measures; or
- (b) pay any money to the Authority,
- which it is obliged to do or pay under this Agreement.
- (2) The Authority may, in consultation with the Committee, authorise one or more of the Contracting Governments which is not in default wholly or partly to make
- (a) the construction, operation or maintenance of any works;
- (b) the carrying on of any operation; and
- (c) the implementation of any measures.
- (3) A Contracting Government authorised by the Authority under sub-clause (2):
- (a) may enter the territory of the defaulting Contracting Government to do whatever it has been authorised to do by the Authority;
- (b) shall be deemed to have all powers, licences and permissions as are required from the defaulting Contracting Government to do whatever it has been authorise
- (c) shall be deemed to have all the rights and powers of a Constructing Authority, including the right to receive any payment due under clause 78, in respect of
- (d) may, in a court of competent jurisdiction, recover, as a debt due from the defaulting Contracting Government, all money reasonably expended by it in doing w
- (4) A defaulting Contracting Government shall once more be deemed to be the Constructing Authority when:
- (a) any failure referred to in paragraph (1)(a) has been made good; and
- (b) it has paid all money payable by it under paragraph (3)(d).
- (5) Unless the Authority, in consultation with the Committee, decides otherwise in any particular case, a Contracting Government which fails to pay money due un
- (6) Any other Contracting Government:
- (a) may pay the outstanding balance owed by a Contracting Government under clause 75, together with interest at the prescribed rate; and
- (b) may recover the amount so paid in a court of competent jurisdiction as a debt due from the defaulting Contracting Government.
- (7) Any interest payable under this clause shall be calculated from the due date to the date of actual payment.
- PART XII—DISTRIBUTION OF WATERS
- Note—clause 29 requires the Authority to act in accordance with clause 30 (objectives and outcomes set by the Committee, and determinations made by the Committe
- DIVISION 1—TIER 1 DISTRIBUTION OF WATERS
- SUBDIVISION A—APPLICATION OF DIVISION 1
- 87. Application of Division 1
- This Division applies subject to:
- (a) the provisions of Divisions 2 and 3 of this Part; and
- (b) the provisions of Subdivision F of this Division.
- SUBDIVISION B—STATE ENTITLEMENTS TO WATER
- 88. South Australia’s Monthly Entitlement
- South Australia is entitled to receive:
- (a) the following monthly quantities of River Murray water -
- July........................50 500 megalitres
- August......................66 000 megalitres
- September....................77 000 megalitres
- October.....................112 500 megalitres
- November...................122 000 megalitres
- December...................159 000 megalitres
- January.....................159 000 megalitres
- February....................136 000 megalitres
- March......................128 000 megalitres
- April........................77 000 megalitres
- May........................35 000 megalitres
- June........................32 000 megalitres
- except as provided in clause 128; and
- (b) 58,000 megalitres per month for dilution and losses, unless the Ministerial Council determines otherwise; and
- (c) such additional quantities for dilution as the Ministerial Council determines from time to time.
- 88A Use of allowance for dilution and losses
- (1) This clause applies if the Authority, under subparagraph 102 (c) (i), determines that the water available for distribution to South Australia is less than o
- (a) the volume mentioned in paragraph 88 (b); and
- (b) the volume determined under subclause 102A (2) that is attributable to South Australia.
- (2) Despite paragraph 88 (b), South Australia may use, for purposes other than meeting dilution and losses:
- (a) up to 2% of the volume South Australia is entitled to receive in a year under paragraph 88 (b); or
- (b) another percentage determined by the Ministerial Council.
- 89. Measurement of South Australia’s Entitlement
- (1) Each month South Australia is deemed to receive the sum of the water flowing in that month in:
- (a) the River Murray between the confluences of the Rufus and Lindsay Rivers with the River Murray; and
- (b) the Lindsay River near its confluence with the River Murray.
- (2) The Authority must determine the flows referred to in sub-clause (1) in such manner as it sees fit.
- 90 Variation of South Australia’s Entitlement
- The Authority may, from time to time at the request of the Committee member for South Australia, vary for a specified sequence of months any of the monthly quan
- (a) under clause 88, without increasing the total of those quantities for that sequence; or
- (b) in order to store or deliver deferred water to South Australia.
- 91. South Australia’s Storage Right
- (1) South Australia may store any part of its entitlement under clause 88 (as adjusted for interstate trade) for the purposes of meeting critical human water ne
- (2) South Australia may store any part of its entitlement under clause 88 (as adjusted for interstate trade) for the purpose of private carry-over in the upper
- (2AA) South Australia may hold any part of its entitlement under clause 88 (as adjusted for interstate trade) for the purposes referred to in subclauses (1) and
- (2A) In calculating monthly quantities under paragraph 88 (a), any part of South Australia’s entitlement stored under subclause (1) or (2) is taken to have been
- (3) During the period before a Schedule is made under Subdivision F of Division 1 of this Part, the Authority is to account for water stored pursuant to this cl
- 92. Use of Lake Victoria
- If the Authority decides that the flow or prospective flow of the River Murray downstream of its junction with the Great Darling Anabranch is, or will be for an
- (a) the quantities which South Australia is entitled to receive in that month under clause 88 or 90;
- (b) any quantities which, in the opinion of the Authority, ought to be and can be impounded in Lake Victoria during that month with the object of filling that s
- (c) any quantities required for use by New South Wales and Victoria, downstream of the junction of the River Murray and the Great Darling Anabranch,
- South Australia may receive that excess in addition to the quantity of water which it is entitled to receive under clause 88 or 90.
- 93. Surplus Flow to South Australia
- The quantity of water that South Australia is entitled to receive in any month shall not be reduced if it has received a greater quantity than it was entitled t
- 94. Entitlements of New South Wales and Victoria
- (1) Except as otherwise expressly provided in Subdivision D of this Division and subject to South Australia’s entitlement under clause 88 or 90, New South Wales
- (a) all the water in tributaries of the upper River Murray downstream of Doctors Point within its territory, before it reaches the River Murray;
- (b) half the natural flow at Doctors Point;
- (c) half the water entering the Menindee Lakes from the Darling River, subject to the prior entitlement of New South Wales to use water from the Menindee Lakes
- (d) subject to paragraph (1)(c), an amount of water from the upper River Murray equivalent to any water contributed by any tributary or any outfall approved by
- (e) the volume of water calculated in accordance with clause 8 of Schedule F.
- (2) Entitlements under sub-clause (1) shall not be affected by the declaration of a period of special accounting except as specifically provided in Subdivision
- 95. New South Wales’ Entitlement to Water from Menindee Lakes
- (1) Whenever water in the Menindee Lakes Storage falls below 480 000 megalitres, New South Wales may use the stored water as it requires until the volume next e
- (2) Whenever sub-clause (1) does not apply, New South Wales may:
- (a) divert from -
- (i) the Menindee Lakes Storage; or
- (ii) the Darling River below the Menindee Lakes Storage; or
- (iii) the River Murray, below its junction with the Darling River; or
- (b) release from the Cawndilla outlet regulator,
- a total of up to 100,000 megalitres in any 12 month period commencing on 1 April.
- (3) Whenever the Ministerial Council determines that:
- (a) releases from the Menindee Lakes Storage exceed the water required for storage in Lake Victoria and to supply South Australia’s entitlement; or
- (b) water in the Menindee Lakes Storage exceeds 1 680 000 megalitres and the amount of the excess plus the estimated water currently in the River Murray and Dar
- any of that water used by New South Wales or released to provide for the retention of floodwaters shall not be deemed to be part of its entitlement under sub-cl
- 96. New South Wales’ and Victoria’s Supply to South Australia
- New South Wales and Victoria must provide, in equal proportions, South Australia’s entitlement under clause 88 or 90 from the water available to them under clau
- 97 Limitations on use by New South Wales and Victoria
- Subject to subclause 102C (4), unless the Ministerial Council determines otherwise, New South Wales or Victoria must not use:
- (a) deferred water stored or held under Schedule G, except as provided in that Schedule; or
- (b) water from the upper River Murray to an extent which may result in the total volume of water held in upper River Murray storages and reserved for the use of
- SUBDIVISION C—CONTROL BY AUTHORITY
- 98. Authority’s Role in Operation of Storages
- (1) The Authority may give directions for the release of water from upper River Murray storages and water must be released in accordance with any such direction
- (2) The Authority may give directions under sub-clause (1) in the form of standing procedures, which it may amend or suspend at any time, except as provided in
- (3) In giving directions under this clause the Authority must have regard to -
- (i) maintaining supply to South Australia of the quantities of water which that State is entitled to receive;
- (ii) facilitating the exercise by South Australia of its right under clause 91, including the delivery of water stored in exercise of that right;
- (iii) maintaining a minimum reserve of water as provided for in clause 103; and
- (iv) facilitating the exercise by New South Wales and Victoria of their respective rights to use water from the upper River Murray, as they require.
- (4) In giving directions under this clause the Authority may also have regard to -
- (i) the improvement or maintenance of water quality in the River Murray (including the upper River Murray); and
- (ii) other water management and environmental objectives consistent with this Agreement.
- 99. Limitation on Menindee Lakes Operation
- (1) The Authority must not direct that water be released from Menindee Lakes Storage after its volume falls below 480,000 megalitres and before it next exceeds
- (2) Subject to sub-clause (1), the Committee may, by majority vote, require the Authority to direct that water be released from Menindee Lakes Storage.
- 100. Procedures for Dartmouth Dam Operation
- The Authority must not amend or, except in an emergency, suspend any standing procedures affecting the release of water through the power station of Dartmouth R
- 101. Water Estimated to be Under the Control of the Authority
- “Water estimated to be under the control of the Authority” means the aggregate of:
- (a) water stored in the Hume and Dartmouth Reservoirs above their minimum operating levels;
- (b) water stored in Lake Victoria above its minimum operating level;
- (c) water available for release from the Menindee Lakes Storage at the direction of the Authority in accordance with clause 99, after allowing for New South Wal
- (d) the estimated natural flow of the River Murray at Doctors Point before the end of the following May;
- (e) water calculated in accordance with clause 9 of Schedule F;
- (f) the difference between the estimated amount of water in transit in the upper River Murray and the estimated amount of water in transit at the end of the fol
- 102. Available Water
- From time to time the Authority must:
- (a) determine the minimum amount of water estimated to be under the control of the Authority;
- (b) determine the allowance to be made until the end of the following May for -
- (i) losses by evaporation and other means in the upper River Murray; and
- (ii) the entitlements of South Australia under paragraphs 88(b) and 88(c);
- (ba) determine the allowance to be made for water deferred under clause 91;
- (bb) determine the allowance to be made for water credited to the River Murray Increased Flows in Authority Storages Account (within the meaning of Schedule F);
- (c) having regard to its determinations under paragraphs (a), (b), (ba) and (bb), determine the water available:
- (i) for distribution to New South Wales, Victoria and South Australia (including water to meet critical human water needs) before the end of the following May;
- (ii) for holding in reserve at the end of the following May.
- 102A Critical Human Water Needs
- (1) Each year the Authority must, before the end of the following May, determine an initial requirement to meet critical human water needs.
- (2) For subclause (1), the initial requirement for distribution among New South Wales, Victoria and South Australia is:
- (a) before the Basin Plan takes effect—351 000 megalitres; and
- (b) after the Basin Plan takes effect—the sum of the amounts determined for New South Wales, Victoria and South Australia in accordance with the Basin Plan.
- 102B Setting aside water for Critical Human Water Needs
- (1) By 31 May in each year, New South Wales, Victoria and South Australia must each tell the Authority what volume of water the State has set aside to meet crit
- (2) Within 21 days after receiving information from a State under subclause (1), or a longer time agreed between the Authority and the State, the Authority must
- (3) If the Authority is not satisfied that the information given by a State is correct, it must tell the State of that fact and of any correction proposed by th
- (4) If the State and the Authority fail to agree whether any, and if so what, correction is required within 14 days after the Authority has told the State under
- 102C Need for advances
- (1) From time to time during each year the Authority must, after allowing for the volume of current conveyance water, determine whether each State has sufficien
- (2) If the Authority determines that a State does not have sufficient water available for subclause (1), it must tell the Committee:
- (a) its estimate of the shortfall; and
- (b) which State or States are appropriate to advance water towards meeting the shortfall; and
- (c) the volume of the advance required from the State or States for the purpose.
- (3) The Committee may determine whether an advance is required from one or more of the States to meet any shortfall mentioned in subclause (2), and the volume o
- (4) If the Committee determines that an advance to a State is required under subclause (3), the Authority must, without increasing the total volume of water ava
- (a) increase the water available for distribution to that State by the volume of the advance determined by the Committee; and
- (b) decrease the water available for distribution to the other States by the same volume.
- 102D Conveyance Reserve
- (1) At intervals no greater than once every 2 months, the Authority must determine the conveyance reserve to be held at the end of the following May, in accorda
- (2) The conveyance reserve is the lesser of:
- (a) the following:
- (i) before the Basin Plan takes effect—225 000 megalitres; and
- (ii) after the Basin Plan takes effect—the volume determined in accordance with the Basin Plan; and
- (b) the volume for distribution determined under paragraph 102 (c)
- less
- the volume of critical human water needs determined under subclause 102A (1)
- plus the following:
- (i) the Authority’s estimate of the minimum flow of water into the River Murray from the sources referred to in paragraph 94 (1) (d);
- (ii) the volume of water calculated under subclause 8(3) of Schedule F;
- (iia) the volume of water calculated under subclause 8(4) of Schedule F;
- (iii) any water stored by South Australia under subclause 91 (2).
- (3) If the result of a calculation made under subclause (2) is less than zero, the conveyance reserve must be taken to be zero.
- (4) The Authority must, from time to time, determine the contribution to be made by each of New South Wales, Victoria and South Australia to the conveyance rese
- 103. Minimum Reserve
- (1) From time to time the Authority must determine, in accordance with the formula set out in sub-clauses (2) and (3), the minimum reserve to be held at the end
- (2) Unless the Ministerial Council determines otherwise, the minimum reserve must be the lesser of:
- (a) one third of the water available determined under paragraph 102 (c)
- less
- the sum of the monthly entitlements of South Australia under paragraph 88(a) up to the end of the following May
- less
- one third of the conveyance reserve determined under clause 102D
- plus
- the sum of any imbalance of use during a period of special accounting calculated under clause 126; and
- (b) 835 000 megalitres.
- (3) If the minimum reserve determined under paragraph (2)(a) is less than zero, then the minimum reserve shall be deemed to be zero.
- (4) Unless the Ministerial Council determines otherwise, the first 250,000 megalitres of any minimum reserve shall be held in Lake Victoria.
- (5) When considering:
- (a) whether to make a determination under either of sub-clauses (2) or (4); and
- (b) the substance of any determination under either of sub-clauses (2) or (4),
- the Ministerial Council:
- (c) must have regard to the provisions of the Basin Plan, and in particular, to such of those provisions that are required by Part 2A of the Water Act;
- (d) before the Basin Plan first takes effect, must take into account the requirements for conveyance water and seek the advice of the Authority in relation to t
- 104. Use of State Works to Convey Murray Water
- The Authority may arrange for water to be conveyed from one part of the upper River Murray to another via works under the control of a State Contracting Governm
- SUBDIVISION D—WATER ACCOUNTING
- 105. General
- The following provisions give effect to the principles set out in the preceding Subdivisions of this Division.
- 106. Allocation of Water to New South Wales and Victoria
- (1) In respect of any period:
- (a) the natural flow of the River Murray at Doctors Point; and
- (b) the volume of water calculated in accordance with clause 10 of Schedule F,
- must be allocated between New South Wales and Victoria as provided in sub-clause (2).
- (2) The quantity of water estimated for any month in accordance with sub-clause (1) shall be allocated as follows:
- (a) for any of the months from May through to August inclusive, the whole quantity shall be allocated half each to New South Wales and Victoria; and
- (b) for any of the months from September through to April inclusive -
- (i) whenever Victoria is subject to a period of special accounting, the first 12,900 megalitres per month (being equivalent to the ceding by Victoria to New Sou
- (ii) at any other time, the first 16,700 megalitres per month (being equivalent to the ceding by Victoria to New South Wales of a volume of 8,350 megalitres per
- shall be allocated to New South Wales, and the remainder shall be allocated half each to New South Wales and Victoria.
- 107. Allocation of Water in Menindee Lake Storage
- (1) Half the water entering the Menindee Lakes Storage from the Darling River is allocated to New South Wales and half to Victoria.
- (2) Of the water allocated to Victoria and stored in the Menindee Lakes Storage, Victoria must cede 4,170 megalitres each month to New South Wales.
- 108. Tributary Inflows
- (1) The quantity of water which in any period enters the upper River Murray downstream of Doctors Point from a tributary, or from any artificial outfall approve
- (2) The volume of water calculated in accordance with sub-clause 11(1) of Schedule F is allocated to New South Wales.
- (3) The volume of water calculated in accordance with sub-clause 11(2) of Schedule F is allocated to Victoria.
- 109. Use by New South Wales and Victoria of Allocated Water
- New South Wales and Victoria are respectively deemed to use the quantity of water:
- (a) diverted from the upper River Murray by an offtake under the jurisdiction of that State, unless the Ministerial Council determines otherwise; and
- (b) calculated under sub-clause 12(1) of Schedule F, in the case of New South Wales; and
- (c) calculated under sub-clause 12(2) of Schedule F, in the case of Victoria.
- 110. Losses
- (1) Subject to subclause (1A), any water that is lost by evaporation or other means from the upper River Murray is taken to have been used by New South Wales or
- (1A) Any loss by evaporation, or by other means, of deferred water held in a major storage is taken to have been used by South Australia.
- (2) For subclause (1), unless otherwise determined by the Ministerial Council:
- (a) losses attributable to evaporation from a major storage will be deemed to have been used in proportion to the quantities of water allocated to New South Wal
- (b) losses attributable to an unregulated flow in any part of the upper River Murray will be deemed to have been used in proportion to the flow allocated to New
- (c) all other losses will be deemed to have been used half each by New South Wales and Victoria.
- (3) For the purposes of this clause an “unregulated flow” means a flow which has not been planned by the Authority.
- 111 New South Wales’ and Victoria’s Supply to South Australia
- (1) For the purposes of this Subdivision:
- (a) any water supplied in any month to South Australia which it is entitled to receive in that month under clause 88 or 90 is taken to be provided by New South
- (b) any water stored by South Australia under clause 91 of the Agreement is taken to be provided by New South Wales and Victoria in equal proportions, at the ti
- (2) The Authority must make appropriate adjustments to the allocation of water to New South Wales and Victoria in the upper River Murray so as to give effect to
- 112. Commencement of Continuous Accounting of Carryover of Stored Water
- Half the water in each major storage on 1 December 1989 is deemed to have been allocated to New South Wales and half to Victoria.
- 113. Reallocation of Water Between New South Wales and Victoria
- (1) By agreement between New South Wales and Victoria, any quantity of water allocated to one of those States and in store in any of the upper River Murray stor
- (2) The Authority may at any time, with the consent of either New South Wales or Victoria, determine that certain quantities of water in transit in the upper Ri
- 114. Efficient Regulation of the River Murray
- Any water used by either New South Wales or Victoria or supplied to South Australia by either of those States is deemed to be provided from water allocated to t
- 115. Accounting Procedures
- Subject to clauses 112, 113, 114, 116 and 121, the quantity of water in any part of the upper River Murray and which is allocated to either New South Wales or V
- (a) to increase in any period by the quantity of water allocated to that State flowing into that part in that period; and
- (b) to decrease in any period by any quantities of water -
- (i) used by that State by way of diversion or loss from that part in that period; or
- (ii) passed from that part in that period for -
- • downstream use by that State,
- • supply by that State to South Australia,
- • conveyance to another part of the upper River Murray as water allocated to that State; or
- (iii) released from that part in that period and determined under clause 122 to be a release of water allocated to that State; or
- (iv) spilled from that part in that period and deemed under clause 117 to be a spill of water allocated to that State.
- 116. Internal Spills
- (1) In any major storage, water allocated either to New South Wales or Victoria must be re-allocated to the other State to prevent the quantity of water allocat
- (a) the target capacity of the storage; or
- (b) the quantity of water stored when releases are being made for flood mitigation.
- (2) In Hume and Lake Victoria, “target capacity” means the capacity of the reservoir at the Full Supply Level.
- (3) In Dartmouth “target capacity” means the lesser of:
- (a) the capacity of the reservoir at the Full Supply Level; or
- (b) the quantity of water stored when water is being released through the hydro-electric power station and the storage level is above the level specified by the
- (4) In Menindee Lakes “target capacity” means the greater of the capacity:
- (a) at the Full Supply Level; or
- (b) at such higher level as may be determined from time to time by the Ministerial Council.
- (5) When water in Dartmouth Reservoir is to be re-allocated under sub-clause (1) and there is capacity in Hume Reservoir available to the State from which water
- 117. Accounting for Spill from Storages
- Any quantity of water spilled from any of the upper River Murray storages, including water released solely to provide space for the retention of floodwaters, is
- 118. Accounting for Releases from Dartmouth Reservoir
- (1) Whenever the storage level in Dartmouth Reservoir is above the level determined for the purposes of this sub-clause by the Ministerial Council, releases mad
- (2) No release from Dartmouth Reservoir will be attributable to the allocation of water to New South Wales or Victoria if the quantity of water in Dartmouth Res
- (3) Releases from Dartmouth Reservoir other than those covered by sub-clauses (1) and (2) will be attributable to the allocation of water to New South Wales or
- 119. Accounting for Releases from Hume Reservoir
- (1) Any release made from Hume Reservoir for the deliberate purpose of transferring water to Lake Victoria for use at a later date will be attributable to the a
- (2) Releases from Hume Reservoir other than those covered by sub-clause (1) will be attributable to the allocation of water to New South Wales or Victoria in su
- 120. Accounting for Releases from Menindee Lakes Storage
- (1) For the purposes of this clause releases from Menindee Lakes Storage consist of:
- (a) water required to maintain a flow throughout the main course of the Darling River downstream of Menindee Lakes;
- (b) water released to satisfy use by New South Wales in the main course of the Darling River downstream of Menindee Lakes;
- (c) water released through the Lake Cawndilla Outlet Regulator;
- (d) water released down the main course of the Darling River downstream of Menindee Lakes Storage to satisfy directions given by the Authority under sub-clause
- (e) any other water released from the Menindee Lakes Storage which can be used either to supply South Australia’s entitlement under clause 88 or 90 or to supply
- (2) Whenever New South Wales is using water pursuant to sub-clause 95(1) all release from Menindee Lakes Storage will be attributed to the allocation of water t
- (3) Whenever sub-clause 95(1) does not apply to the use of water by New South Wales from the Menindee Lakes Storage:
- (a) releases under paragraph (1)(a) will be attributed equally to the allocations of water to New South Wales and Victoria;
- (b) releases under paragraph (1)(b) and (1)(c) will be attributed to the allocation of water to New South Wales;
- (c) releases under paragraph (1)(d) and (1)(e) will be attributed to the respective allocations of New South Wales and Victoria in such proportions as tend most
- (i) cause the water allocated either to New South Wales or to Victoria to fall below 240,000 megalitres;
- (ii) cause water to be re-allocated between the States under clause 116.
- 121. Reallocation of Water in Menindee Lakes Storage
- At the conclusion of any period during which New South Wales is using water pursuant to sub-clause 95(1), the quantities of water stored in the Menindee Lakes S
- 122. Accounting for Dilution Flows
- (1) Whenever the Authority directs under clause 98 that the flow of water is to exceed the water order at a particular point, unless the Ministerial Council det
- (2) For the purpose of this clause the “water order” is the flow of water at a particular point which is necessary:
- (a) to meet diversions by New South Wales and Victoria, losses and dilution flows downstream of that point;
- (b) to meet South Australia’s entitlement; and
- (c) to supply storages downstream of that point.
- SUBDIVISION E—PERIODS OF SPECIAL ACCOUNTING
- 123. Declaration of Periods of Special Accounting
- (1) Unless the Authority is satisfied that the reserve allocated to either New South Wales or Victoria at the end of the following May will be greater than 1,25
- (2) A period of special accounting:
- (a) may be declared at any time after the end of July in any year and before the end of May in the following year;
- (b) unless the Ministerial Council decides otherwise, will be deemed to have commenced on 1 August in that year, whenever it is in fact declared.
- (3) In calculating a reserve referred to in subclause (1), the Authority must disregard the following:
- (a) any deferred water held in a major storage;
- (b) any conveyance reserve held in a major storage;
- (c) any water recorded in the River Murray Increased Flows in Authority Storages Account (within the meaning of Schedule F).
- 124. Variation of Navigation Depths During Restrictions
- The Authority may vary the depth of water to be maintained immediately downstream of a lock under sub-paragraph 68(1)(b)(i), during any period of special accoun
- 125. Special Accounts to be Kept
- Throughout any period of special accounting declared for New South Wales or Victoria, separate accounts must be kept by the Authority of:
- (a) all water diverted from the upper River Murray by the State;
- (b) the difference between -
- (i) the sum of all water entering the Upper River Murray downstream of Doctors Point from -
- • any tributary within that State other than the River Darling, and
- • any artificial outfall from that State approved by the Ministerial Council for the purposes of clause 108; and
- (ii) any water allocated to that State which flows to South Australia in excess of South Australia’s entitlement under clause 88 or 90.
- If (ii) exceeds (i), the account kept under this paragraph must be set at zero;
- (c) all water allocated to that State which is supplied by it to meet South Australia’s entitlement under paragraph 88(a).
- 126. Imbalance in Use
- The imbalance in use between either New South Wales or Victoria and South Australia in a period of special accounting is to be calculated as follows:
- One-third of the amount calculated under paragraph 125(a)
- less:
- One-third of the amount calculated under paragraph 125(b)
- less:
- Two-thirds of the amount calculated under paragraph 125(c).
- 127. Limits on Imbalance in Use
- On May 31 in any period of special accounting, the accounts kept under clause 125 must be adjusted by the Authority to ensure that the imbalance in use calculat
- (a) less than one-third; and
- (b) greater than minus two-thirds,
- of the difference between 1,250,000 megalitres and the reserve allocated to New South Wales or Victoria, as the case may require.
- 128. Restrictions on South Australia’s Entitlement
- (1) Subject to subclause 102C (4), in a period of special accounting, instead of the amounts set out in paragraph 88(a), South Australia is entitled to receive,
- (a) the sum of the monthly quantities set out in paragraph 88(a); and
- (b) one-third of the available water determined under paragraph 102 (c)
- less
- one-third of the conveyance reserve determined under subclause 102D(1)
- plus
- any imbalance in use calculated under clause 126.
- (2) South Australia may decide how to apportion any entitlement under sub-clause 128(1) between each month provided that the quantity in any month must not exce
- 129. Termination of Periods of Special Accounting
- The Authority must terminate a period of special accounting declared for New South Wales or Victoria whenever it is satisfied that the reserve allocated to that
- SUBDIVISION F—ACCOUNTING FOR SOUTH AUSTRALIA’S STORAGE RIGHT
- 130 Accounting for South Australia’s Storage Rights
- (1) South Australia’s storage rights are set out in Schedule G.
- (2) The Ministerial Council may, at any time, ask the Authority to prepare a draft amendment to Schedule G and the Authority must comply with the request.
- (3) The Authority may also prepare a draft amendment to Schedule G in accordance with that Schedule or clause 142.
- (4) The Authority must give any draft amendment to the Committee.
- (5) After considering the draft amendment, the Committee must submit to the Ministerial Council:
- (a) the draft amendment; and
- (b) the Committee’s advice about the draft amendment.
- (6) After receiving the draft amendment and the advice of the Committee, the Ministerial Council may:
- (a) approve the draft amendment with or without alteration; or
- (b) refer the draft amendment back to the Authority for further consideration.
- (7) When an amendment is approved by the Ministerial Council under paragraph (6) (a), the amendment:
- (a) becomes part of the Agreement; and
- (b) takes effect in accordance with subclause 5 (2).
- (8) Schedule G, whether or not amended under this clause, must:
- (a) set out rules for giving effect to and accounting for South Australia’s storage rights under clause 91; and
- (b) define what constitutes an effect on water availability and storage access for clause 91.
- (9) Without limiting subclause (8), Schedule G, whether or not amended under this clause, must contain rules that are necessary to ensure that:
- (a) South Australia can exercise its storage rights to meet critical human water needs under subclause 91 (1) in a way that does not affect the water availabili
- (b) South Australia can exercise its storage rights for private carry-over under subclause 91 (2) in a way that does not affect the water availability or storag
- (c) if possible, water stored under clause 91 that is spilled from a storage, is re-regulated for subsequent use by South Australia; and
- (d) if the Authority determines at any time that an effect mentioned in paragraph (8) (b) has occurred, the Authority must immediately adjust the accounts maint
- (10) A rule mentioned in subclause (9) may have the effect of adding to, derogating from or otherwise altering any provision of this Division.
- (11) The Authority must keep the separate accounts required to be kept by Schedule G.
- (12) The Authority:
- (a) may prepare draft rules:
- (i) to implement the provisions of clause 22 of Schedule G relating to the attribution of incremental evaporative losses to South Australia; and
- (ii) to account for transmission losses when flows are only partly contained within river channels; and
- (iii) otherwise to implement the provisions of Schedule G; and
- (b) may prepare draft amendments to any rules approved by the Ministerial Council under subclause (13); and
- (c) must give any draft rules and draft amendments prepared under paragraph (a) or (b) to the Ministerial Council.
- (13) The Ministerial Council may:
- (a) approve any draft rules or amendments prepared under subclause (12), with or without amendments; or
- (b) refer the draft rules or amendments back to the Authority for further consideration.
- DIVISION 2—TIER 2 DISTRIBUTION OF WATERS TO ENSURE CRITICAL HUMAN WATER NEEDS
- 131. Application of Division 2
- (1) This Division applies:
- (a) in the circumstances specified in the Basin Plan; and
- (b) in a period before the Basin Plan first takes effect, if the Ministerial Council declares in accordance with sub-clause (3) that this Division applies; and
- (c) from the time this Agreement comes into effect.
- (2) Once this Division has commenced application in accordance with sub-clause (1), it will cease to apply:
- (a) once the conditions specified in the Basin Plan are satisfied; or
- (b) in the period before the Basin Plan first takes effect, at a time declared by the Ministerial Council.
- (3) The Ministerial Council may declare that this Division applies during a period before the Basin Plan first takes effect if the Ministerial Council is satisf
- 132. Distribution of Waters Subject to Schedule and Determinations of Ministerial Council
- While this Division applies, the provisions of:
- (a) Division 1 of this Part; and
- (b) Part XIV of this Agreement and Schedule F,
- apply subject to:
- (c) the provisions of the Schedule made under clause 135, and any determination of the Ministerial Council made in accordance with that Schedule; or
- (d) during the period before the Schedule is made under clause 135 and before the Basin Plan first takes effect, any agreement by First Ministers of the Contrac
- DIVISION 3—TIER 3 DISTRIBUTION OF WATERS IN EXTREME OR UNPRECEDENTED CIRCUMSTANCES
- 133. Application of Division 3
- (1) This Division applies:
- (a) in the circumstances specified in the Basin Plan; and
- (b) in a period before the Basin Plan first takes effect, if the Ministerial Council declares in accordance with sub-clause (3) that this Division applies.
- (2) Once this Division has commenced application in accordance with sub-clause (1), it will cease to apply:
- (a) once the conditions specified in the Basin Plan are satisfied; or
- (b) in the period before the Basin Plan first takes effect, at a time declared by the Ministerial Council.
- (3) The Ministerial Council may declare that this Division applies during a period before the Basin Plan is adopted, but may only do so if satisfied that during
- (a) there are extreme and unprecedented low levels of water availability; or
- (b) there is extreme and unprecedented poor water quality in the water available to meet critical human water needs; or
- (c) there is an extremely high risk that water will not be available to meet critical human water needs during the next 12 months.
- 134. Distribution of Waters Subject to Schedule and Determinations of Ministerial Council
- (1) While this Division applies, the provisions of Division 1 of this Part, and of Part XIV and Schedule F of this Agreement, apply subject to:
- (a) the Schedule made under clause 135; and
- (b) any determination of the Ministerial Council made in accordance with this clause.
- (2) For the purposes of this Division, the Ministerial Council may make determinations about the way in which State water entitlements will be determined, deliv
- (3) The Ministerial Council:
- (a) may determine that any provision of—
- (i) Division 1 of this Part; or
- (ii) Part XIV or Schedule F of this Agreement; or
- (iii) the Schedule made under clause 135,
- applies, or does not apply, or applies to a specified extent or in specified circumstances; or
- (b) may make a determination about any matter the subject of a provision referred to in paragraph (a) that is additional to, substituted for or contrary to any
- DIVISION 4—SCHEDULE FOR WATER SHARING
- 135 Schedule for water sharing
- (1) During any period when Division 2 or Division 3 of this Part applies, State water entitlements will be determined, delivered and accounted for in accordance
- (2) The Ministerial Council may, at any time, request the Authority to prepare a draft amendment to Schedule H and the Authority must comply with that request.
- (3) The Authority may also prepare a draft amendment to Schedule H in accordance with that Schedule or clause 142.
- (4) The Authority must give any draft amendment to the Committee.
- (5) After considering the draft amendment, the Committee must submit to the Ministerial Council:
- (a) the draft amendment; and
- (b) the Committee’s advice about the draft amendment.
- (6) After receiving the draft amendment and the advice of the Committee, the Ministerial Council may:
- (a) approve the draft amendment with or without alteration; or
- (b) refer the draft amendment back to the Authority for further consideration.
- (7) When an amendment is approved by the Ministerial Council under paragraph (6) (a), the amendment:
- (a) becomes part of the Agreement; and
- (b) takes effect in accordance with subclause 5 (2).
- (8) Schedule H, whether or not amended under this clause, must set out the way in which State water entitlements will be determined, delivered and accounted for
- (9) Without limiting other provisions of this clause, Schedule H, whether or not amended under this clause, may provide that:
- (a) any provision of the following does not apply, or applies to a specified extent or in specified circumstances:
- (i) Division 1 of this Part;
- (ii) Part XIV or Schedule F of this Agreement; or
- (b) any provision mentioned in paragraph (a) may be determined by the Ministerial Council to apply, or to apply to a specified extent or in specified circumstan
- (c) the Ministerial Council:
- (i) must exercise a discretion provided in Division 1 of this Part in a specified way or at a specified time; or
- (ii) may make a determination about any matter the subject of a provision of Division 1 of this Part or Part XIV or Schedule F of this Agreement that is additio
- (10) Schedule H, whether or not amended under this clause, must be prepared on the basis that the Contracting Governments have agreed as follows:
- (a) that critical human water needs are the highest priority water use for communities who are dependent on Basin water resources;
- (b) in particular that, to give effect to this priority, conveyance water required to meet critical human water needs will receive first priority from the water
- (c) that each State Contracting Government will be responsible for meeting critical human water needs in its State, and will decide how water from its entitleme
- (11) After the Basin Plan takes effect, any amendment to Schedule H must have regard to the provisions of the Basin Plan and, in particular, to provisions requi
- (12) The Ministerial Council must review Schedule H:
- (a) from time to time; and
- (b) at least once for each period in which Division 3 of this Part applies.
- (13) The Authority must keep the separate accounts required to be kept by Schedule H.
- (14) The Authority:
- (a) must prepare, and give to the Ministerial Council, draft rules to ensure that, subject to the storage rights of South Australia mentioned in paragraphs 130
- (b) may prepare, and give to the Ministerial Council, draft rules:
- (i) for the Authority to determine the worst-case planning inflow sequence for Schedule H; and
- (ii) for the Committee to determine the volume of water that will be made available by any proposed remedial action under subclause 10 (8) of Schedule H; and
- (iii) otherwise to implement the provisions of Schedule H; and
- (c) may prepare, and give to the Ministerial Council, draft amendments to any rules approved by the Ministerial Council under subclause (15).
- (15) The Ministerial Council may:
- (a) approve any draft rules or amendments prepared under subclause (14), with or without amendments; or
- (b) refer the draft rules or amendments back to the Authority for further consideration.
- PART XIII—MENINDEE LAKES STORAGE
- 136. Maintenance of Menindee Lakes Storage
- New South Wales must maintain the Menindee Lakes Storage and associated works in the good order and condition necessary to meet the full supply levels and stora
- 137. Full Supply Levels
- For the purposes of this Agreement, and unless otherwise agreed between New South Wales and the Authority by the exchange of letters between them, the full supp
- Lake Wetherell - Elevation 61.7 Australian Height Datum
- Lake Pamamaroo - Elevation 60.4 Australian Height Datum
- Lake Menindee - Elevation 59.8 Australian Height Datum
- Lake Cawndilla - Elevation 59.8 Australian Height Datum
- corresponding to a total storage capacity of approximately 1 680 000 megalitres.
- 138. Financial Contributions of Authority
- Each year the Authority must pay New South Wales:
- (a) $320,000 in equal instalments at the end of each quarter; and
- (b) three quarters of the costs of operating and maintaining the Menindee Lakes storage,
- or such other amounts as may be specified in the work plan, from time to time.
- PART XIV—EFFECT OF SNOWY SCHEME
- 139. Effect of Snowy Scheme
- Subject to Divisions 2 and 3 of Part XII, the Authority must determine the respective allocations to New South Wales and Victoria of water made available from t
- PART XV—MISCELLANEOUS
- 140. Resolution of Disputes
- (1) If the Committee fails to agree on any motion submitted by a Committee member within two months, that Committee member may refer the matter to the Ministeri
- (2) If the Ministerial Council fails to resolve the matter within six months, any member may refer it to an arbitrator.
- (3) When a matter is referred to an arbitrator, any Contracting Government may give the other Contracting Governments written notice to agree to appoint an arbi
- (4) If an arbitrator is not appointed within two months of notice being given, the Chief Justice of the Supreme Court of Tasmania, or the person acting in that
- (5) The decision of any arbitrator appointed under this clause:
- (a) is deemed to be the decision of the Committee; and
- (b) binds the Committee, the Ministerial Council and the Contracting Governments.
- (6) This clause does not apply to a resolution:
- (a) on a question of law; or
- (b) which has been decided by a majority vote of the Committee pursuant to a provision of this Agreement.
- 141. Resolution of operational management and delivery inconsistencies
- (1) If the Authority or the Committee is of the opinion that there are operational management and delivery inconsistencies between the application of the Basin
- (2) If the Committee is unable to resolve a matter before it under this clause that is of strategic significance (including a matter that is of strategic signif
- (3) A request made by the Committee under sub-clause (2) must be accompanied by a statement that outlines the strategic significance of the relevant matter and
- 142. Proposals to Amend Agreement
- (1) The Authority must review this Agreement:
- (a) within twelve months of the Basin Plan first taking effect; and
- (b) at any other time, as it thinks fit,
- and may, as a result of such a review, recommend to the Ministerial Council any amendments it thinks necessary or desirable.
- (2) The Authority must consult the Committee when carrying out a review under sub-clause (1).
- 143. Giving Information to the Authority
- Each Contracting Government must give all the information it can to the Authority for the purposes of this Agreement, whenever the Authority requests it.
- 144. Authorities to Observe Agreement
- Each Contracting Government must ensure that any public authority which exercises functions under this Agreement, observes its provisions.
- PART XVI—INDEMNITIES IN RESPECT OF COMMITTEE AND AUTHORITY
- 145. Indemnity in Respect of Payments Made by Commonwealth
- (1) Subject to sub-clauses 37(2) and 38(2), any payment made by the Commonwealth of Australia in respect of losses or costs incurred by it arising:
- (a) from any act or omission of the Authority in the bona fide execution of the powers vested in the Authority by or under this Agreement;
- (b) because of the operation of section 239F of the Water Act;
- (c) because of the operation of either of sections 239J or 239K of the Water Act in respect of proceedings relating to the Commission or a person who was appoin
- (d) because of an indemnity in either of items 7(1) or 7(3) of Schedule 3 to the Water Amendment Act 2008 (Commonwealth),
- must be borne by the Contracting Governments in equal shares.
- (2) Sub-clause (1) does not apply to a payment made by the Commonwealth of Australia under paragraph (1)(a) in its capacity as a Contracting Government under th
- (3) In this clause, the terms “President” and “Deputy President” have the same meanings as under the former Agreement.
- Note—Section 174 of the Water Act provides that financial liabilities of the Authority are taken to be liabilities of the Commonwealth.
- 146. Indemnity in Respect of Payments Relating to Former Commissioners
- (1) Any payment made by the Commonwealth of Australia in respect of:
- (a) a liability arising because of the operation of either of sections 239J or 239K of the Water Act in respect of proceedings relating to a person who was appo
- (b) losses or costs incurred by it because of the indemnity in item 7(2) of Schedule 3 to the Water Amendment Act 2008 (Commonwealth),
- must be borne by the Contracting Government which had appointed that Commissioner or Deputy Commissioner.
- (2) In this clause, the terms “Commissioner” and “Deputy Commissioner” have the same meanings as under the former Agreement.
- 147. Commonwealth to consult other Contracting Governments
- (1) Upon receiving notice of a claim to which either of clauses 145 or 146 may apply, the Commonwealth must give written notice of the claim to each State Contr
- (2) Before settling a claim to which sub-clause (1) refers, the Commonwealth must obtain the agreement of the State Contracting Government or Governments which
- 148. Liability for Acts of Committee Members
- Each Contracting Government must indemnify each Committee member appointed for or by that Contracting Government in respect of any act or omission of that Commi
- PART XVII—application, saving and TRANSITIONAL PROVISIONS
- DIVISION 1—TRANSITION TO THIS AGREEMENT
- 149. Definitions
- In this Division:
- “commencing day” means the day on which this Agreement comes into effect;
- “current financial year” means the financial year during which this Agreement comes into effect;
- “next financial year” means the financial year following the current financial year;
- 150. Transitional provisions relating to coming into effect of this Agreement
- (1) Acts or things consistent with this Agreement done by or on behalf of a Contracting Government or the Authority, the Committee or the Commission in anticipa
- (2) Without limiting the generality of sub-clause (2):
- (a) any estimates for the current financial year sent by the Commission to the Contracting Governments before the commencing day are deemed to be estimates sent
- (b) any moneys paid by a Contracting Government to the Commission before the commencing day are deemed to have been paid to the Authority under clause 75 for th
- (c) any moneys spent by the Commission before the commencing day in accordance with estimates referred to in paragraph (a) are deemed to have been spent pursuan
- (d) if the commencing day falls between 31 March and 30 June in any year, any estimates sent by the Commission to the Contracting Governments before that day fo
- (3) Money of a kind referred to in clause 83 paid by a Contracting Government to the Commission in the current financial year is deemed to have been paid under
- (4) At the commencing day, the shares of the control of the transitional RMO assets will be retained by the Commonwealth, South Australia, New South Wales and V
- Commonwealth 20%
- South Australia 26.67%
- New South Wales 26.67%
- Victoria 26.67%
- (5) The shares referred to in sub-clause (4) may be altered by the asset agreement.
- DIVISION 2—AMENDMENTS MADE BY THE WATER AMENDMENT (MURRAY-DARLING BASIN AGREEMENT) REGULATIONS 2017
- 151. Definitions
- In this Division:
- “amending regulations” means the Water Amendment (Murray-Darling Basin Agreement) Regulations 2017.
- “transition period” means the period that:
- (a) starts at the commencement of the amending regulations; and
- (b) ends when the first work plan is approved by the Ministerial Council under clause 34A.
- 152. Transitional provisions relating to amendments made by the Water Amendment (Murray-Darling Basin Agreement) Regulations 2017
- (1) Clauses 34, 34A and 35, as in force after the commencement of the amending regulations, apply in relation to reporting periods that start on or after that c
- (2) During the transition period, a reference in a provision of this Agreement (other than clause 34A or subclause 52(2) or 56(2)) to the work plan includes a r
- (3) During and after the transition period, a reference in subclause 52(2) or 56(2) to a work plan is taken to include a reference to a corporate plan for any p
- DIVISION 3—AMENDMENTS MADE BY THE WATER AMENDMENT (MURRAY-DARLING BASIN AGREEMENT) REGULATIONS 2026
- 153. Definitions
- In this Division:
- “amending Part” means Part 1 of Schedule 1 to the Water Amendment (Murray-Darling Basin Agreement) Regulations 2026.
- 154. Application, saving and transitional provisions relating to amendments of the Agreement made by the Water Amendment (Murray-Darling Basin Agreement) Regula
- (1) The amendments of clause 34A made by the amending Part apply in relation to a specified period for a work plan that ends on 30 June 2030 (unless a shorter p
- (2) An asset management plan that was in effect under clause 53 immediately before the commencement of the amending Part continues in effect (and may be dealt w
- (3) There is no requirement, on or after the commencement of the amending Part, for the Authority to review the plan continued in force by subclause (2).
- (4) The amendment of clause 56 made by the amending Part applies in relation to an authorisation by the Authority on or after the commencement of the amending P
- (5) The amendment of subclause 60(2) made by the amending Part applies in relation to a request for tender made on or after the commencement of the amending Par
- (6) Clauses 74 and 77, as in force immediately before the commencement of the amending Part, continue to apply on and after the commencement of the amending Par
- (7) The amendments of clause 77 made by the amending Part apply in relation to work plans approved under clause 34A, as amended by the amending Part, on or afte
- 155. Application provision relating to repeal of Schedule E to the Agreement made by the Water Amendment (Murray-Darling Basin Agreement) Regulations 2026
- Clause 13 of Schedule E to the Agreement, as in force immediately before 1 July 2026, does not apply in relation to the water year (within the meaning of subcla
- Signed for and on behalf of each of the parties by:
- The Honourable Kevin Rudd MP)
- Prime Minister of Australia)
- The Honourable Nathan Rees MP)
- Premier of the State of New South Wales)
- The Honourable John Brumby MP)
- Premier of the State of Victoria)
- The Honourable Anna Bligh MP)
- Premier of the State of Queensland)
- The Honourable Michael Rann MP)
- Premier of the State of South Australia)
- Mr Jon Stanhope MLA)
- Chief Minister of the Australian Capital Territory)
- SCHEDULE A—WORKS
- Description of Works Location Nominated Government DARTMOUTH DAM Capacity of approximately 4,000,000 megalitres. Mitta Mitta River upstream of the town of Dartm
- SCHEDULE B—BASIN SALINITY MANAGEMENT
- PART I—PRELIMINARY
- 1. Purpose
- (1) The purpose of this Schedule is to implement certain aspects of the Basin Salinity Management 2030, or any subsequent strategy approved by the Ministerial C
- (a) by promoting works, measures and other action to reduce or limit the rate at which salinity increases within the Murray-Darling Basin;
- (b) by providing for the adoption of salinity targets;
- Note—Targets adopted under this Schedule also apply for some purposes under the Basin Plan.
- (c) by providing accountability arrangements for all actions (including environmental water recovery, delivery and use) that result in significant salinity impa
- (d) by providing for monitoring, assessing, auditing and reporting on matters set out in this Schedule and on progress in implementing the Basin Salinity Manage
- (2) The accountability arrangements mentioned in paragraph 1(1)(c) include maintaining Registers to:
- (a) record salinity impacts; and
- (b) allocate salinity credits and salinity debits to Contracting Governments.
- 2. Definitions
- Note—A number of expressions used in this Schedule are defined in clause 2 of the Agreement, including the following:
- (a) Authority;
- (b) Basin Plan;
- (c) Committee;
- (d) Ministerial Council.
- (1) In this Schedule, unless the contrary intention appears:
- (a) “Accountable Action” means an action that:
- (i) is undertaken after a relevant Baseline Date; and
- (ii) the Authority has decided will have a Significant Effect under paragraph 18(1)(b); and
- (iii) the Authority has entered in a Register.
- “action” means:
- (i) any work or measure; and
- (ii) any alteration to, or cessation of, any work or measure,
- relevant to the purposes of this Schedule.
- “average salinity” means the average daily salinity of the River Murray calculated in accordance with BSM procedures;
- “average salinity costs” means the average costs to users of water from the upper River Murray and the River Murray in South Australia incurred because of the s
- “Baseline Conditions” means the conditions that contributed to the movement of salt through land and water within the Murray-Darling Basin on 1 January 2000.
- “Baseline Date” means:
- (i) with respect to New South Wales, Victoria and South Australia—1 January 1988; and
- (ii) with respect to Queensland and the Australian Capital Territory—1 January 2000;
- “Basin Plan Water” means Commonwealth environmental water holdings or other held environmental water that is held by a State Contracting Government to offset th
- Note—For reductions in the long-term average sustainable diversion limit, see section 75 of the Act and subsection 6.13(3) of the Basin Plan.
- “Basin Salinity Management 2030” means the strategy of that name adopted by the Ministerial Council on 27 November 2015, as amended from time to time.
- “Basin Salinity Management Strategy” means:
- (i) before the replacement of the former Agreement on 15 December 2008—Schedule C to that former Agreement as in force on and after 1 November 2002 until immedi
- (ii) on and after the replacement of the former Agreement—Schedule B to the Agreement as in force immediately before the commencement of the Water Amendment (Mu
- “Basin Salinity Target” means the target referred to in clause 7;
- “Benchmark Period” means the period from 1 May 1975 to 30 April 2000, or such other period as the Authority, on the advice of the Committee, may from time to ti
- “BSM procedures” has the meaning given by subclause 40A(1).
- “BSMS works or measures” means works or measures entered on a Register maintained under the Basin Salinity Management Strategy as BSMS works or measures.
- “Collective Account” means information included in Register A under the heading Collective Account.
- “Commonwealth Account” means information included in Register A under the heading Commonwealth Account.
- “Delayed salinity impact” means a salinity impact which occurs after 1 January 2000, but which:
- (i) in the case of New South Wales, Victoria or South Australia, is attributable to an action taken or decision made in that State before 1 January 1988; and
- (ii) in the case of Queensland or the Australian Capital Territory, is attributable to an action taken or decision made in that State before 1 January 2000;
- “End-of-Valley Target” means a target set out in Appendix 1 as amended from time to time by the Ministerial Council under clause 9 and includes a reference to t
- “End-of-Valley Target site” means a site specified in Appendix 1 for an End-of-Valley Target.
- “former Schedule” means Schedule C of the former Agreement;
- “Joint Program” means the program of Joint works or measures referred to in sub-clause 10(1);
- “Joint work or measure” means either of the following:
- (i) a work or measure authorised under clause 56 of the Agreement for the purposes of the Basin Salinity Management Strategy;
- (ii) a work or measure authorised under clause 56 of the Agreement for the purposes of this Schedule on and after the commencement of the Water Amendment (Murra
- “Proposal” means any proposal relevant to the subject-matter of this Schedule, for any action.
- “protocol” means a protocol made under subclause 40(1).
- “provisional entry” has the meaning given by subclause 20A(2).
- “Register A” means the register referred to in sub-clauses 15(1), (2) and (3);
- “Register B” means the register referred to in sub-clauses 15(1), (2) and (4);
- “Review Plan” has the meaning given by subclause 32(1).
- “Salinity and Drainage Strategy” means Schedule C to the former Agreement as in force immediately before 1 November 2002.
- “salinity cost effect” means a change in average salinity costs resulting from an action, as calculated by the Authority;
- “salinity credit” means the reduction in average salinity costs estimated by the Authority in accordance with clause 20;
- “salinity debit” means an increase in average salinity costs estimated by the Authority in accordance with clause 20;
- “salinity effect” means a change in the average salinity at Morgan resulting from any action, as estimated by the Authority;
- “salinity impact” means both the salinity effect and the salinity cost effect;
- “S&DS works or measures” means works or measures entered on the Register maintained under the Salinity and Drainage Strategy and includes the works or measures
- “Significant Effect” has the meaning set out in sub-clause 18(3);
- “State Action” means any Accountable Action that is designated wholly or partly as a State Action by the Authority in accordance with paragraph 20(1)(b) or 24(2
- “undertake”, in relation to:
- (i) a work, includes investigating, designing, constructing, operating and maintaining that work; and
- (ii) a measure, includes investigating, developing and implementing that measure;
- “valley” means a valley or other geographic area specified in the first column of Appendix 1.
- (b) a reference to a Part, clause, sub-clause, paragraph, or Appendix is a reference to a Part, clause, sub-clause, paragraph or Appendix of this Schedule.
- (2) When a Contracting Government informs the Authority of a Proposal under sub-clause 17A(1), it must be taken also to have informed the Authority under paragr
- (3) Expressions used in this Schedule and in:
- (a) the Water Act; or
- (b) the Agreement;
- that are not defined in this Schedule have the same meanings as in that Act or Agreement.
- 3. Application to Queensland and Australian Capital Territory
- (1) Subject to sub-clause 3(2), the whole of this Schedule applies to Queensland and the Australian Capital Territory.
- (2) If a provision of this Schedule states that it:
- (a) does not apply to Queensland or the Australian Capital Territory; or
- (b) applies to Queensland or the Australian Capital Territory only in part, or subject to specified conditions,
- that provision takes effect according to its terms.
- (3) Unless otherwise indicated, a reference to a State Contracting Government includes a reference to the Government of the State of Queensland and the Governme
- (4) The Governments of the State of Queensland and the Australian Capital Territory will share equally with other Contracting Governments such investigations, c
- (a) where the Ministerial Council determines otherwise, under sub-clause 72(1) of the Agreement; or
- (b) to the extent that this Schedule provides otherwise in clauses 13 and 48; or
- (c) for such of those costs that are referred to in paragraphs (a), (h) and (l) of the definition of “investigations, construction and administration costs” in
- (d) where the cost is attributable to a matter set out in sub-clause 37(4) of the Agreement.
- PART II—ACCOUNTABILITY FOR SALINITY IMPACTS
- 4. Accountability for Salinity Impacts
- A Contracting Government must not, and must ensure that any public authority responsible to it does not, undertake, alter or cease, or permit the undertaking, a
- 5. Estimates of salinity and salt load under Baseline Conditions
- (1) Estimates of salinity and salt loads under Baseline Conditions:
- (a) at each End-of-Valley Target site; and
- (b) at the Basin Salinity Target site at Morgan;
- are set out in Appendix 1 for those sites.
- (5) A State Contracting Government or the Authority (as the case requires) may, from time to time, propose an amendment to any estimate, using the best informat
- (6) The Authority must appoint an appropriately qualified panel, which shall include at least one representative from the Authority and each State Contracting G
- (7) On the advice of the Committee and after considering the advice of the panel, the Authority may:
- (a) endorse a proposed amendment; or
- (b) endorse that proposed amendment, subject to the relevant Government modifying it in any way agreed between the Authority and the relevant Government; or
- (c) refuse to endorse the proposed amendment.
- (7A) If the Authority endorses a proposed amendment to an estimate under paragraph 5(7)(a):
- (a) the Authority must recommend to the Ministerial Council that Appendix 1 be amended in accordance with the endorsed amendment; and
- (b) the relevant Government may, for the purposes of this Schedule, use the estimate from the day the Authority endorses the proposed amendment.
- (8) Within 6 months after the Authority and the relevant Government agree on a modification under paragraph 5(7)(b), the relevant Government must:
- (a) modify the estimate in accordance with that agreement; and
- (b) give the Authority a copy of the modified estimate.
- (9) If the Authority, under paragraph 5(7)(b), endorses a proposed amendment to an estimate subject to the relevant Government modifying it in any way agreed be
- (a) the relevant Government may, for the purposes of this Schedule, use the estimate originally proposed under subclause 5(5) until the relevant Government:
- (i) modifies the estimate in accordance with that agreement; and
- (ii) gives the Authority a copy of the modified estimate;
- (b) as soon as practicable after receiving the modified estimate, the Authority must recommend to the Ministerial Council that Appendix 1 be amended in accordan
- (c) the relevant Government may, for the purposes of this Schedule, use the modified estimate from the day it gives the Authority a copy of the modified estimat
- PART III—SALINITY TARGETS
- 7. Basin Salinity Target
- (1) The Basin Salinity Target is to maintain the average daily salinity at Morgan at a simulated level of less than 800 E.C. for at least 95% of the time, under
- Note: E.C. stands for Electrical Conductivity, measured in S/cm.
- (2) Achievement of the Basin Salinity Target must be assessed by the Authority from time to time, using one or more of the models developed under clause 36, ada
- 9. Amending End-of-Valley Targets
- (2) The Authority, or the relevant State Contracting Government which nominated an End-of-Valley Target, may, following a review under clause 33 or at any other
- (3) Where a State Contracting Government requests the Ministerial Council to amend an End-of-Valley Target, the Authority must consult that Government and the C
- (4) The Authority must recommend to the Ministerial Council whether or not the Ministerial Council should adopt a request made under sub-clause 9(2).
- (5) In any recommendation made under sub-clause 9(4), the Authority must set out the following:
- (a) the Authority’s estimate of the likely effects of meeting the nominated target on:
- (i) significant environmental, economic, social and other characteristics in the upper River Murray and the River Murray in South Australia; and
- (ii) meeting the Basin Salinity Target;
- (b) the Authority’s advice about whether the nominated target is contributing adequately to achieving the objectives of the Basin Salinity Management 2030;
- (d) any new information about any of those matters which has become available to the Authority, since the relevant End-of-Valley Target was adopted by the Minis
- (6) The Ministerial Council:
- (a) may, after considering the matters set out in any recommendation made to it by the Authority, amend an End-of-Valley Target; and
- (b) must resolve to amend Appendix 1 to include any amended End-of-Valley Target.
- part iv—AUTHORISED works or measures
- 10. Joint program
- (1) Subject to Part VIII of the Agreement, the Contracting Governments must implement a Joint Program of Joint works and measures under this Schedule:
- (a) to ensure that salinity levels of the upper River Murray and the River Murray in South Australia are appropriate for agricultural, environmental, urban, ind
- (b) which is sufficient to have the cumulative effect of offsetting predicted future increases in average daily salinity at Morgan, arising from Accountable Act
- (2) Subject to Part VIII of the Agreement, after 31 December 2014, the Ministerial Council must authorise, and the Contracting Governments must undertake, any f
- (3) The Authority must enter any Joint work or measure undertaken under this clause on a Register as an Accountable Action, in accordance with Part V.
- 11. Attribution of salinity credits or salinity debits for Joint works or measures
- (1) Subject to subclause 11(2) and clause 13, unless the Ministerial Council decides otherwise, any salinity credits or salinity debits arising from any Joint w
- (a) Accountable Actions entered on Register A; and
- (b) Delayed salinity impacts entered on Register B,
- according to the following formula:
- Register A
- (a) New South Wales 16.39%
- (b) South Australia 16.39%
- (c) Victoria 16.39%
- Register B
- (a) New South Wales 8.61%
- (b) South Australia 8.61%
- (c) Victoria 8.61%
- (d) Commonwealth 25.00%
- (2) Any salinity credits or salinity debits arising from any Joint work or measure undertaken under clause 10 must, if required by the Committee or BSM procedur
- 12. Authorised works or measures
- (1) The Ministerial Council must:
- (a) set out in Appendix 2 a list of Joint works or measures and a list of S&DS works or measures; and
- (b) amend Appendix 2 whenever a new Joint work or measure:
- (i) is authorised; or
- (ii) is designated in accordance with paragraph 24(2)(b).
- (2) Any work or measure from time to time included in Appendix 2 must be taken:
- (a) to have been authorised under clause 56 of the Agreement; and
- (b) to have been declared effective under clause 64 of the Agreement.
- (4) The Authority may, in accordance with the strategic asset management plan approved under clause 53 of the Agreement, declare the whole or part of any Joint
- (5) The Ministerial Council may, upon the recommendation of the Committee:
- (a) declare that any Joint works or measures must be treated as a State Action, in whole or in part; and
- (b) amend Appendix 2 to the extent necessary to implement any declaration made under sub-clause 12(4) or paragraph 12(5)(a).
- 13. Participation by Queensland and Australian Capital Territory
- (1) Subject to sub-clause 13(2), the Government of Queensland or the Australian Capital Territory (as the case requires) is not required to contribute to the co
- (a) any Joint work or measure undertaken under the Joint Program; or
- (b) any S&DS works or measures.
- (2) The Committee may determine whether, and if so what:
- (a) costs; or
- (b) salinity credits or salinity debits,
- relating to a Joint work or measure undertaken after 1 January 2015 must be contributed by, or will be attributed to, the Government of Queensland or the Austra
- (c) consequential adjustment may be necessary to the formula set out in clause 11.
- 14. Co-ordinating authorised works or measures
- The Authority must co-ordinate the activities of each Contracting Government and its relevant Constructing Authority in undertaking a Joint work or measure or a
- PART V—THE REGISTERS
- 15. Registers A and B
- (1) Register A and Register B established under the former Schedule are continued in existence in the form in which they were held, and containing the informati
- (2) The Authority must maintain Register A and Register B in accordance with this Schedule and any BSM procedures.
- (3) The Authority must include the following matters on Register A:
- (a) all S&DS works or measures; and
- (b) except as provided in paragraph 15(4)(b), any action undertaken after a relevant Baseline Date that the Authority has declared has had, or may have, a Signi
- (4) Subject to any transfer under clause 23, the Authority must include the following matters on Register B:
- (a) every Delayed salinity impact which the Authority considers may have a Significant Effect; and
- (b) any action undertaken under the former Schedule or this Schedule, expressly for the purpose of off-setting a Delayed salinity impact which the Authority det
- 16. Obligations of State Contracting Governments
- (1) A State Contracting Government must take whatever action may be necessary:
- (a) to keep the total of any salinity credits in excess of, or equal to, the total of any salinity debits, attributed to it in Register A; and
- (b) to keep the cumulative total of all salinity credits in excess of, or equal to, the cumulative total of all salinity debits, attributed to it in both Regist
- (2) For the purpose of calculating the total of any salinity credits under sub-clause 16(1), any salinity credits which may in future be attributed to a State C
- (3) Despite sub-clause 16(2) and any provision in clause 20 or 22, for the purposes of any calculation under sub-clause 16(1) and on the application of a State
- (a) to postpone the attribution of any salinity debit which might otherwise be attributed to that Government in Register A or Register B, in respect of an Accou
- (b) to allow any salinity credit which might otherwise be attributed to that Government in Register A or Register B, in respect of an Accountable Action after i
- (4) The Authority:
- (a) must only make a decision under sub-clause 16(3); and
- (b) may attach any condition to such a decision,
- in accordance with any relevant BSM procedures.
- 16A. Obligations of Contracting Governments jointly
- The Contracting Governments jointly must ensure that:
- (a) salinity credits are not transferred from the Commonwealth Account to the Collective Account or to a Contracting Government unless salinity credits are avai
- (b) the Collective Account has salinity credits equal to or greater than its salinity debits.
- Note—For transfers of salinity credits, see clause 23.
- 17. Operating Registers
- (1) This clause provides a simplified outline of the operation of the Registers under this Part.
- (1A) A Contracting Government must, and the Committee may, inform the Authority of any Proposal which may have a Significant Effect.
- (2) The Authority must decide, in accordance with any relevant protocols made by the Authority under clause 40, whether the Proposal:
- (a) is to be entered on either or both of Register A and Register B, or neither of them; and
- (b) must be treated in whole or in part as either or both of a State Action and a Joint work or measure.
- (3) Subject to subclause 17(4), the Authority must:
- (a) estimate the salinity impacts of an Accountable Action; and
- (b) determine any salinity credits or salinity debits arising from that Accountable Action; and
- (c) attribute those salinity credits or salinity debits in accordance with clause 21 or 21A.
- (4) If the Authority is unable to confidently estimate the salinity impacts of an Accountable Action, the Authority must make a provisional entry in the relevan
- (5) The Authority must, in accordance with clause 23, amend Register A or Register B to give effect to trading or transfer of salinity credits and salinity debi
- (6) The Authority must re-estimate the salinity impacts of each item on Register A and Register B in accordance with clause 24.
- (7) The Authority may, in accordance with clause 24, make amendments to Register A or Register B.
- 17A Informing the Authority of Proposals
- (1) A Contracting Government must inform the Authority of any Proposal which the Government, acting reasonably, considers is likely to have a Significant Effect
- (2) The Committee may inform the Authority of any Proposal if the Committee, acting reasonably, considers that:
- (a) the Proposal is likely to have a Significant Effect; and
- (b) any salinity credits or salinity debits arising from the Proposal will be attributable to the Collective Account.
- 18. Determining whether a Proposal or action has a Significant Effect
- (1) If a Contracting Government informs the Authority under subclause 17A(1) of a Proposal, the Authority must:
- (a) assess that Proposal on the basis of information provided to the Authority by the Contracting Government; and
- (b) decide whether the Proposal, either on its own or cumulatively with similar past actions or projected similar future actions, may have a Significant Effect.
- (1A) If the Committee informs the Authority of a Proposal under subclause 17A(2), the Authority must:
- (a) assess the Proposal on the basis of information provided to the Authority by the Contracting Government nominated by the Committee for the purposes of this
- (b) decide whether the Proposal, either on its own or cumulatively with similar past actions or projected similar future actions, may have a Significant Effect.
- (2) If the Authority becomes aware of an action undertaken within a State after the relevant Baseline Date, of which the Authority has not previously been infor
- (3) A Significant Effect is:
- (a) a change in average daily salinity at Morgan which the Authority estimates will be at least 0.1 E.C. by the year 2100; or
- (b) a salinity impact which the Authority estimates will be significant.
- (4) To make an estimate referred to in sub-clause 18(3), the Authority must use any relevant method for making that estimate set out in any BSM procedures.
- 19. Assessing Salinity Impacts of Accountable Actions
- (1) If the Authority decides that:
- (a) a Proposal referred to in subclause 18(1) or (1A); or
- (b) an action referred to in subclause 18(2);
- has or may have a Significant Effect, the Authority:
- (c) must declare the Proposal or action to be an Accountable Action; and
- (d) if the Accountable Action is not the delivery of Basin Plan Water—must, as an interim measure, designate the Accountable Action to be in whole or in part ei
- (i) a Joint work or measure;
- (ii) a State Action; and
- Note—If the delivery of Basin Plan Water has been declared an Accountable Action, it is not designated as either a State Action or a Joint work or measure: see
- (e) if the Proposal is the delivery of Basin Plan Water—must not so designate the Accountable Action; and
- (f) must either:
- (i) estimate the salinity impacts of the Accountable Action, using a relevant method for assessing salinity impacts set out in any BSM procedures; or
- (ii) if the Authority is unable to confidently estimate the salinity impacts of the Accountable Action—prepare a provisional entry.
- (2) Subject to subclause 19(4), if the Authority declares a Proposal or action to be an Accountable Action, the relevant Contracting Government must give to the
- (3) For the purposes of subclause 19(2), the relevant Contracting Government for an Accountable Action is as follows:
- (a) if the Accountable Action is wholly or partly a Joint work or measure—the Contracting Government nominated by the Ministerial Council in accordance with sub
- (b) if the Accountable Action is wholly or partly a State Action—the relevant State or States;
- (c) if the Accountable Action is wholly or partly a State Action in respect of which salinity credits or debits will be attributed to the Collective Account—the
- (4) If the Accountable Action is the delivery of Basin Plan Water, a Contracting Government that has information in its possession that may assist the Authority
- 20. Estimating Salinity Credits and Salinity Debits
- (1) Subject to subclause 20(2), after the Authority has estimated the salinity impacts of an action which the Authority considers may be an Accountable Action u
- (a) estimate the prospective salinity credits or salinity debits arising from that action; and
- (b) designate, in accordance with any BSM procedures, that action to be in whole or in part either or both of the following:
- (i) a Joint work or measure;
- (ii) a State Action; and
- Note—Paragraph 20(1)(b) does not empower the Authority to authorise a Joint work or measure or a State Action.
- (c) determine whether the prospective salinity credits or salinity debits will be entered in Register A or Register B; and
- (d) enter the action in the relevant Register.
- (2) If the action is the delivery of Basin Plan Water, the Authority:
- (a) must estimate the prospective salinity credits arising from that action; and
- (b) must not designate the action to be in whole or in part either or both of the following:
- (i) a Joint work or measure;
- (ii) a State Action; and
- (c) must enter the action in Register A.
- (3) Subject to clause 20A, the Authority must make an estimate referred to in paragraph 20(1)(a) or 20(2)(a) in accordance with a relevant method for assessing
- 20A. Provisional entries in Registers
- (1) This clause applies if the Authority is unable to confidently estimate the salinity impacts of an Accountable Action, or a Delayed salinity impact, in accor
- (2) The Authority may, in accordance with any reasonable method for assessing salinity effects, make a provisional entry in Register A or Register B of the Auth
- (3) If the Authority makes a provisional entry in a Register in accordance with subclause 20A(2), the Authority must, as soon as practicable:
- (a) estimate the salinity credits or salinity debits of the Accountable Action or Delayed salinity impact; and
- (b) amend the relevant Register accordingly.
- (4) Each relevant Contracting Government must give to the Authority all relevant information to assist the Authority to make an estimate under paragraph 20A(3)(
- 21. Attributing Salinity Credits or Salinity Debits
- (1) Subject to subclause 21(2) and clause 21A, the Authority must, in accordance with any BSM procedures, attribute salinity credits or salinity debits:
- (a) arising from a Joint work or measure, in accordance with clause 11; or
- (b) arising from a State Action, to the State Contracting Government which undertakes that action; or
- (c) arising from the delivery of Basin Plan Water, to the Commonwealth Account.
- (2) Despite paragraph 21(1)(b), where:
- (a) there is an agreement referred to in clause 23, the Authority must, in accordance with any BSM procedures, attribute any salinity credits or salinity debits
- (b) two or more Contracting Governments together undertake the relevant State Action, the Authority must, in accordance with any BSM procedures, attribute any s
- 21A. Attributing certain salinity credits or salinity debits to the Collective Account
- (1) The Authority must, in accordance with any BSM procedures, attribute salinity credits and salinity debits to the Collective Account if the credits or debits
- (a) any BSM procedures; or
- (b) the Committee.
- (2) For the purposes of subclause 21A(1), an Accountable Action does not include the delivery of Basin Plan Water.
- (3) If subclause 21A(1) applies, the Committee must determine which Contracting Government is to be responsible for the following:
- (a) providing all relevant information about the Accountable Action to the Authority for the purposes of subclause 19(2);
- (b) monitoring and reviewing the Accountable Action for the purposes of clauses 27, 28 and 33.
- 21B. Establishing and maintaining a record of the proportions in which salinity credits and salinity debits are attributed
- The Authority must, in accordance with any BSM procedures, establish and maintain a record of the proportions in which salinity credits and salinity debits were
- (a) the Salinity and Drainage Strategy;
- (b) the Basin Salinity Management Strategy;
- (c) this Schedule as in force on and after the commencement of the Water Amendment (Murray-Darling Basin Agreement—Basin Salinity Management) Regulations 2018.
- 22. When Salinity Credits and Salinity Debits must be entered on a Register
- (1) Subject to sub-clause 16(3), when the Authority has estimated that a salinity credit will arise from an Accountable Action and either:
- (a) the Authority declares that Accountable Action to be effective under clause 64 of the Agreement; or
- (b) if the Accountable Action is to be undertaken in stages, the Authority declares a stage to be effective under clause 64 of the Agreement,
- the Authority must:
- (c) attribute salinity credits arising from the Accountable Action in accordance with clause 21 or 21A; and
- (d) enter the salinity credits on the relevant Register,
- in accordance with any relevant BSM procedures.
- (2) Subject to sub-clause 16(3), when the Authority has estimated that salinity debits will arise from an Accountable Action, before any Contracting Government:
- (a) commences to undertake the Accountable Action; or
- (b) if the Accountable Action is to be undertaken in stages, commences to undertake any stage,
- the Authority must:
- (c) attribute the prospective salinity debits arising from the Accountable Action or stage in accordance with clause 21 or 21A; and
- (d) enter the salinity debits on the relevant Register,
- in accordance with any relevant BSM procedures.
- (3) Despite sub-clauses 22(1) and 22(2), if an Accountable Action is a State Action that is not required to be declared effective under clause 64 of the Agreeme
- (a) attribute any salinity credits arising from that State Action at the time when the Authority considers that the Accountable Action is substantially complete
- (b) enter the salinity credits on the relevant Register.
- 23. Trading and transfers of salinity credits and salinity debits
- (1) A Contracting Government may agree to assign any or all of the salinity credits or salinity debits attributed to that Government in Register A, to one or mo
- (2) When the parties to an agreement referred to in sub-clause 23(1) inform the Authority in writing of that agreement and its effect, the Authority must:
- (a) attribute salinity credits or salinity debits in accordance with the agreement; and
- (b) amend Register A accordingly.
- (2A) Unless the Committee directs otherwise, a Contracting Government may, if any BSM procedures permit and in accordance with any such procedures, assign to th
- (2B) The Authority must, if required by any BSM procedures, transfer any salinity credits attributed to the Commonwealth Account to the Collective Account and a
- (2C) The Authority must, at the request of a State Contracting Government, and in accordance with any BSM procedures:
- (a) transfer a State Contracting Government’s share of salinity credits in the Collective Account to that State Contracting Government; and
- (b) amend Register A accordingly.
- (3) A Contracting Government, with the prior written approval of the Committee, may agree to assign any or all of the salinity credits or salinity debits attrib
- (4) The Authority must:
- (a) attribute salinity credits and salinity debits in accordance with any agreement approved by the Committee under sub-clause 23(3); and
- (b) amend Register B accordingly.
- (5) The Authority may, in accordance with BSM procedures, give effect to any written request by a Contracting Government to transfer a salinity credit attribute
- (a) in Register A, to Register B; or
- (b) in Register B, to Register A.
- 24. Re-estimating salinity impacts and amendment of Register entries
- (1) The Authority:
- (a) must re-estimate the salinity impacts of an Accountable Action or a Delayed salinity impact following a review of the Accountable Action or Delayed salinity
- (aa) may, at any other time, re-estimate the salinity impacts of an Accountable Action or Delayed salinity impact; and
- (b) if the re-estimated salinity impacts differ from the Authority’s most recent previous estimate of the salinity impacts, must:
- (i) alter the calculation and attribution of either or both of the salinity credits and salinity debits; and
- (ii) make any consequential amendment to a Register,
- to reflect the re-estimated salinity impacts.
- (1A) If the Authority considers that an estimate of the salinity cost effect on which a salinity credit or salinity debit of an Accountable Action or Delayed sa
- (a) may, in accordance with the advice of the Committee, remove the salinity credit or salinity debit and replace it with a provisional entry; and
- (b) must, as soon as practicable, use its best efforts to make a reliable estimate and make a consequential amendment of the Register to reflect the re-estimate
- (2) The Authority may, on the advice of the Committee:
- (a) designate a Joint work or measure to be a State Action; or
- (b) designate a State Action to be a Joint work or measure; or
- (c) remove an Accountable Action from a Register; or
- (d) determine that an Accountable Action must, in future, be treated as more than one Accountable Action.
- (3) Whenever the Authority takes any action referred to in sub-clause 24(1) or 24(2) it must:
- (a) review the calculation and attribution of salinity credits or salinity debits arising from the relevant Accountable Action or Delayed salinity impact, as th
- (b) make any consequential amendment to a Register,
- in accordance with any relevant BSM procedures.
- PART VI—MONITORING
- 25. Monitoring obligations
- (1) The Authority and each State Contracting Government must carry out such monitoring as it is required to undertake:
- (a) to fulfil its respective reporting obligations under Part VII; and
- (b) by this Part,
- in accordance with any relevant BSM procedures.
- (2) A State Contracting Government must give the Authority the results of monitoring carried out by it:
- (a) since it last gave such results to the Authority, at any time reasonably requested by the Authority; and
- (b) during a financial year, by 30 November of the following financial year.
- 26. Monitoring at End-of-Valley Target sites
- A State Contracting Government must, in accordance with any BSM procedures, undertake continuous flow and salinity monitoring in respect of relevant End-of-Vall
- 27. Monitoring programs in relation to Accountable Actions and Delayed salinity impacts
- (1) A State Contracting Government nominated under sub-clause 56(5) of the Agreement, in respect of a Joint work or measure that is an Accountable Action, must
- (2) A State Contracting Government must, within 3 months after a State Action undertaken by the Government has been completed, give to the Authority a proposed
- (a) to monitor the salinity impacts of that State Action; and
- (b) to monitor for Delayed salinity impacts in that State.
- (2A) A State Contracting Government must give to the Authority a proposed program to monitor the salinity impacts of a Joint work or measure that is designated
- (2B) If salinity credits or salinity debits arising from an Accountable Action are attributed to the Collective Account in accordance with clause 21A, then the
- (3) The Authority may, in accordance with any BSM procedures:
- (a) accept a program given to it under sub-clause 27(1), 27(2) or 27(2A); or
- (b) accept that program with any amendment made by the Authority; or
- (c) decline to accept the program, setting out its reasons.
- (4) The Authority may, from time to time, give directions to a Constructing Authority under paragraph 61(1)(a) of the Agreement to ensure that any Joint work or
- (5) The Committee may make BSM procedures to ensure that any Accountable Action or Delayed salinity impact is monitored efficiently and effectively.
- 28. Monitoring Accountable Actions and monitoring for Delayed salinity impacts
- (1) A Contracting Government nominated under sub-clause 56(5) of the Agreement in respect of a Joint work or measure must monitor the salinity impacts of that J
- (2) A State Contracting Government must, in accordance with a program accepted by the Authority under clause 27:
- (a) monitor the salinity impacts of a State Action in the State; and
- (b) monitor for Delayed salinity impacts in that State.
- (3) A Contracting Government mentioned in subclause 27(2B) must, in accordance with a program accepted by the Authority under clause 27, monitor the salinity im
- (4) A Contracting Government nominated under subclause 56(5) of the Agreement in respect of an S&DS work or measure must monitor the salinity impacts of that S&
- PART VII—REPORTING, AUDIT AND REVIEW
- 29. Reports by State Contracting Governments
- (1) A State Contracting Government must, in accordance with any BSM procedures, prepare:
- (a) a status report for the financial year commencing on 1 July 2017 and every second financial year; and
- (b) a comprehensive report for the financial year commencing on 1 July 2018 and every second financial year.
- (2) A State Contracting Government must give the report to the Authority as soon as practicable after the end of the financial year to which the report relates
- 30. Annual report by Commonwealth Government
- (1) The Commonwealth Government must, after the end of each financial year, prepare a report in respect of that financial year in accordance with any BSM proced
- (2) The Commonwealth Government must give the report to the Authority as soon as practicable after the end of the financial year to which the report relates and
- 31. Reports by the Authority
- (1) The Authority must, in accordance with this clause and any BSM procedures, prepare the following:
- (a) for the financial year commencing on 1 July 2017 and every second financial year:
- (i) a status report; and
- (ii) a summary report;
- (b) for the financial year commencing on 1 July 2018 and every second financial year—a comprehensive report.
- (2) The Authority must give the status report to the Committee as soon as practicable after the end of the financial year to which the report relates and, in an
- (3) When the Authority gives the status report to the Committee, the Authority must also give to the Committee the following:
- (a) a copy of each State Contracting Government’s report prepared under paragraph 29(1)(a) for that financial year;
- (b) a copy of the Commonwealth Government’s annual report prepared under subclause 30(1) for that financial year.
- (4) The Authority must give the comprehensive report to the Ministerial Council as soon as practicable after the end of the financial year to which the report r
- (5) A comprehensive report must, for the financial year to which it relates, include the following:
- (a) a summary of each State Contracting Government’s report prepared under paragraph 29(1)(b) for that financial year;
- (b) a summary of the Commonwealth Government’s annual report prepared under subclause 30(1) for that financial year;
- (c) the executive summary and recommendations of the audit report prepared in relation to the financial year under subclause 34(5).
- (6) The Authority must give each summary report to the Ministerial Council as soon as practicable after the end of the financial year to which the summary repor
- (7) A summary report must include a summary of the information included in the reports prepared under paragraph 29(1)(a), subclause 30(1) and subparagraph 31(1)
- (8) The Authority must publish each status report, comprehensive report and summary report prepared under this clause on its website.
- 32. Review Plan
- (1) The Authority must prepare and approve a plan (the Review Plan) in accordance with this clause and any relevant BSM procedures.
- (2) The Review Plan must be:
- (a) prepared on the basis of information and advice provided to the Authority by the Contracting Governments; and
- (b) approved by the Authority on the advice of the Committee.
- (3) The Review Plan must provide for the review of the following matters:
- (a) Register entries (including provisional entries);
- (b) models or assessment methods associated with Register entries;
- (c) End-of-Valley Targets, including, for each valley, a review of associated models and baseline data;
- (d) any other model used or approved by the Authority under clause 38 to estimate salinity impacts.
- (4) Unless otherwise determined by the Committee, the matters to be reviewed under subclause 32(3) are to be reviewed as follows:
- (a) for Register entries (including provisional entries):
- (i) for Joint works or measures and S&DS works or measures—by the Authority; and
- (ii) for State Actions—by the relevant State Contracting Government or, if the action is shared between States, by the relevant State Contracting Governments; a
- (iii) for salinity credits or salinity debits that are attributed to the Collective Account—as determined by the Committee in accordance with paragraph 21A(3)(b
- (iv) for delivery of Basin Plan Water—by the Authority; and
- (v) for Delayed salinity impacts—by the relevant State Contracting Government;
- (b) for models or assessment methods associated with register entries—by the Authority or the Contracting Government responsible for reviewing the relevant regi
- (c) for End-of-Valley Targets—by the State Contracting Government responsible for the relevant valley;
- (d) for any other model used or approved by the Authority—by the Authority.
- (5) Each matter specified in the Review Plan must be reviewed at least once during the 10 year period commencing on 1 January 2016 and must be reviewed within 1
- (6) The Authority must review the Review Plan on an annual basis and may, in accordance with any BSM procedures, amend the Review Plan by changing the frequency
- (7) The Authority or a Contracting Government may, but is not required to, review a model underpinning one or more register entries at the same time as the Auth
- 33. Review of matters in Review Plan by Contracting Governments and Authority
- (1) Each Contracting Government and the Authority must review, and report on, matters for which the Contracting Government or the Authority is responsible under
- (2) A report arising from a review of matters under paragraph 32(4)(a) must include the Authority’s estimate (based on the best information available to the Aut
- (3) A report arising from a review of matters under paragraph 32(4)(c) in relation to End-of-Valley Targets must include information about salinity trends, pred
- 34. Audit and assessment
- (1) The Authority must appoint independent auditors for the purpose of carrying out an audit and assessment under this clause.
- (2) A person who is appointed as one of the independent auditors referred to in sub-clause 34(1):
- (a) is appointed for such period and on such terms as are set out in that person’s instrument of appointment; and
- (b) may resign by written notice addressed to the Authority; and
- (c) may only be removed from office during the period of that person’s appointment by the Committee, on the recommendation of the Authority.
- (2A) An audit and assessment is to commence by November after the end of the financial year mentioned in paragraph 31(1)(b).
- (3) The independent auditors must together carry out the following:
- (a) an audit under this clause of the following:
- (i) the report of each review conducted in the preceding 2 financial years by each Contracting Government and by the Authority under clause 33;
- (ii) Register A and Register B;
- (b) an assessment of the following:
- (i) the implementation of the Basin Salinity Management 2030;
- (ii) the implementation of the Review Plan, including the appropriateness of review periods.
- (3A) The Authority may, at any time, in consultation with the Contracting Governments, amend the terms of reference for an audit or assessment to include additi
- (4) The independent auditors must, in each audit, reach a view by consensus about:
- (a) the performance of each Contracting Government and of the Authority in implementing the provisions of this Schedule since the previous audit; and
- (b) whether the Authority has fairly and accurately recorded the salinity impacts of each action entered in Register A or Register B.
- (5) The independent auditors must prepare a report setting out:
- (a) the findings of each audit and assessment; and
- (b) any recommendations made by the independent auditors arising from that audit or assessment.
- (6) Without limiting sub-clause 34(5), a report:
- (a) must set out the view reached on each of the matters referred to in sub-clause 34(4); and
- (b) may recommend to the Authority that the salinity impacts entered in Register A or Register B for an Accountable Action be varied; and
- (c) may set out a finding that the total salinity credits are not equal to, or do not exceed, the total salinity debits attributed to a State Contracting Govern
- 35. Review of Schedule
- (1) The Authority must prepare and give to the Ministerial Council a report on the operation of this Schedule as follows:
- (a) at such times as the Committee directs;
- (b) at any time the Authority considers appropriate.
- (2) Without limiting the contents of any report prepared under sub-clause 35(1), the Authority may include in a report:
- (a) a summary of:
- (i) the Delayed salinity impacts; and
- (ii) the salinity impacts of every Accountable Action undertaken before the date of the report,
- within the Murray-Darling Basin, based on the reports prepared under clause 33 since the last report prepared under subclause 35(1); and
- (b) a description of any additions to, or alterations of, the Joint Program proposed to ensure that the Basin Salinity Target is met, since the Authority’s last
- (3) A report prepared under sub-clause 35(1) may conclude that a Contracting Government has not complied with one or more of its obligations under this Schedule
- 35A. Review of the Basin Salinity Management 2030
- (1) The Authority must:
- (a) by 31 December 2025—prepare, in consultation with Contracting Governments, a plan to review the Basin Salinity Management 2030; and
- (b) by 31 December 2026—commence a review of the Basin Salinity Management 2030 in accordance with the plan.
- (2) The review must include a review of the following matters:
- (a) matters required by any BSM procedures;
- (b) matters mentioned in the Basin Salinity Management 2030 as matters to be considered in the review;
- (c) the operation of this Schedule.
- PART VIII—MODELS
- 36. Models to be developed by the Authority
- (1) Using the Benchmark Period, the Authority must develop and maintain one or more models to simulate:
- (a) the salinity, salt load and flow, each on a daily basis; and
- (b) the economic effects on water users of the simulated salinity, salt load and flow,
- in the Upper River Murray and the River Murray in South Australia.
- (2) Any model or models developed under subclause 36(1) must be capable of estimating, or supporting the estimation of, the following:
- (a) any salinity impacts of Accountable Actions;
- (b) any Delayed salinity impacts;
- at Morgan and such other relevant locations as the Authority may determine, for each of the years 2000, 2015, 2030, 2050, 2100 and for such other years as the A
- (3) A Contracting Government must give the Authority information about the matters referred to in paragraphs 36(2)(a) and (b) that is in the possession of the C
- (4) The Authority may, from time to time, alter a model developed under sub-clause 36(1).
- 37. Models developed by State Contracting Governments
- (1) Each State Contracting Government must develop and maintain:
- (a) subject to subclause (3), one or more models to simulate, under Baseline Conditions, the daily salinity, salt load and flow, over the Benchmark Period, for
- (b) one or more groundwater models to simulate, under Baseline Conditions, salt water accessions to the surface waters, where required for the assessment of Acc
- (2) Any model or models developed under subclause 37(1) must be capable of estimating or, in the case of groundwater, supporting the estimation of, the followin
- (a) any salinity impacts of Accountable Actions;
- (b) any Delayed salinity impacts;
- for each Valley and each End-of-Valley Target site specified in Appendix 1 for each of the years 2000, 2015, 2030, 2050, 2100 and for such other years as the Au
- (3) A State Contracting Government is not required to develop and maintain a model for the purposes of paragraph 37(1)(a) if a model developed by the Authority
- (4) A State Contracting Government may, from time to time, alter a model developed under subclause 37(1).
- 38. Assessment and Approval of Certain Models
- (1) A model, or any alteration to that model, developed to help the Authority or a State Contracting Government meet reporting obligations under this Schedule,
- (2) The Authority must assess any model, or any alteration to a model, made by a State Contracting Government.
- (3) The Authority must appoint an appropriately qualified panel to assess any model, or alteration to a model, made by the Authority.
- (4) An assessment of any alteration to a model must include any matter required by any BSM procedures, and must set out the assessor’s estimation of the consequ
- (5) After completing the assessment of a model or alteration under subclause 38(2) or considering the assessment made by the panel under subclause 38(3), the Au
- (a) approve the model or alteration; or
- (b) approve that model or alteration, subject to:
- (i) in the case of a model or alteration prepared by a Government, the relevant Government modifying the model or alteration in a way agreed between it and the
- (ii) in the case of a model prepared by the Authority, the Authority modifying the model or alteration in a way it determines; or
- (c) decline to approve the model or alteration,setting out its reasons.
- (6) Within 6 months (or such longer period agreed by the Committee) after the Authority approves a model or alteration under paragraph 38(5)(b):
- (a) the relevant Government or the Authority must modify the model, or alteration to a model, as required under that paragraph; and
- (b) in the case of a State Contracting Government, give a copy of the modified model, or alteration to a model, to the Authority, if the Authority, in writing,
- (7) A model in the form initially assessed under this clause may be used temporarily for the purposes of this Schedule until any modification to the model agree
- (a) made by the Authority or the relevant Government; and
- (b) approved by the Authority.
- (8) When an alteration to a model:
- (a) is approved under paragraph 38(5)(a); or
- (b) modified under sub-clause 38(6),
- the relevant model is altered accordingly.
- PART IX—PROTOCOLS AND BSM PROCEDURES
- 40. Authority’s power to make protocols
- (1) The Authority may, in consultation with the Committee, from time to time make, amend or revoke such protocols as it considers necessary, desirable or conven
- (2) The Authority must notify each Contracting Government:
- (a) whenever it is considering making, amending or revoking a protocol; and
- (b) of the subject matter of the proposed protocol or amendment.
- (3) A Contracting Government may nominate a person with relevant expertise and experience to give advice to the Authority in developing the proposed protocol or
- (4) The Authority must consider any advice given by any person nominated under sub-clause 40(3), before it adopts the proposed protocol or amendment.
- (5) Protocols made under this clause must not be inconsistent with any provision of the Agreement (including its Schedules) and are void to the extent of any in
- (6) The Authority may not delegate any power conferred on it by sub-clause 40(1).
- 40A. BSM procedures
- (1) The Committee may, from time to time, make, amend or revoke such procedures (BSM procedures) as it considers necessary, desirable or convenient to give effe
- (2) BSM procedures must not be inconsistent with any provision of the Agreement (including its Schedules) and are of no effect to the extent of any inconsistenc
- (3) The Authority must publish BSM procedures on its website.
- 41. Matters that may be dealt with in BSM procedures
- Without limiting subclause 40A(1), the Committee may make any BSM procedures as follows:
- (a) about assessing Proposals;
- (b) about the nature and form of information which a State Contracting Government must give to the Authority to enable it to estimate salinity impacts;
- (c) establishing a common method to be used to estimate the salinity impacts of both any Proposal and any Accountable Action;
- (d) establishing a method, using Baseline Conditions, to estimate Delayed salinity impacts;
- (e) establishing a method to determine any salinity credits or salinity debits arising from a salinity impact;
- (f) for administering Register A and Register B, including:
- (i) deciding whether an Accountable Action should be entered on Register A or Register B;
- (ii) how to estimate the salinity impact of an action;
- (iii) how any salinity credits or salinity debits are to be apportioned between, and attributed to, Contracting Governments;
- (iv) about the purpose and operation of the Collective Account, and the attribution of salinity credits or salinity debits to the Collective Account;
- (v) about the attribution or transfer of salinity credits to or from the Commonwealth Account;
- (vi) about a Contracting Government accessing its share of salinity credits attributed to the Collective Account;
- (vii) about provisional entries (including rules about the use of provisional entries);
- (g) about monitoring:
- (i) the salinity impacts of an Accountable Action;
- (ii) Delayed salinity impacts;
- (iii) at End-of-Valley Target sites;
- (ga) about the form and content of reports under clauses 29, 30 and 31;
- (gb) about the form and content of the Review Plan (including any operational review undertaken as part of a register entry review);
- (gc) about the conduct of a review, and the content of a review report, under clause 33;
- (gd) about matters to be included in a review under clause 35 or 35A;
- (h) about developing and assessing models referred to in Part VIII and using those models;
- (k) about making sure that reporting obligations and the nature and content of reports prepared under this Schedule are consistent with the reporting requiremen
- PART X—DEFAULT
- 42. Relationship with Part XI of the Agreement
- The provisions of this Part are in addition to, and do not derogate from, any provision in clause 86 of the Agreement.
- 43. Default by a State Contracting Government
- (1) The Authority must determine that a State Contracting Government is in default for the purpose of this clause if the Authority:
- (a) decides; or
- (b) receives a report of an audit under sub-clause 34(5) which finds,
- that the total salinity credits do not exceed, or are not equal to, the total salinity debits attributed to that Government in Register A, contrary to paragraph
- (1A) The Authority must not make a determination under subclause 43(1) unless, before making the determination, it has, in accordance with any BSM procedures:
- (a) made an assessment of risk to achieving the Basin Salinity Target; and
- (b) consulted Contracting Governments.
- (2) If the Authority determines that a State Contracting Government is in default, the Authority must:
- (a) forthwith declare that the State is in default of its obligations under this Schedule; and
- (b) report the matter to the next meeting of the Ministerial Council.
- 44. Exception Reports
- (1) The Authority may determine:
- (a) that the combined total of all salinity credits does not exceed the combined total of all salinity debits attributed to a State Contracting Government in bo
- (c) that a Contracting Government has not complied with one or more of its obligations under this Schedule, on the basis of a conclusion in a review report, ref
- (2) If the Authority makes a determination under sub-clause 44(1) it must report that fact to the next meeting of the Ministerial Council.
- (3) The Authority may revoke a determination made under sub-clause 44 (1) if it is satisfied that the circumstances which led to the determination no longer exi
- 45. Proposal for remedial action
- (1) The Authority must:
- (a) upon making a determination under sub-clause 43(1) or 44(1), consult with the relevant Contracting Government, with a view to remedying the situation leadin
- (b) include in the relevant report to the Ministerial Council, the Authority’s proposal for remedying that situation.
- (2) The Authority must not act under subclause 45(1) unless it has first consulted the Committee.
- 46. Action by a Contracting Government
- A Contracting Government which has been the subject of a report made by the Authority to the Ministerial Council under either paragraph 43(2)(b) or sub-clause 4
- (a) give a report to the next meeting of the Ministerial Council, setting out:
- (i) an explanation of the circumstances leading to the Authority’s determination; and
- (ii) what action the Government has taken, or proposes to take, to remedy that situation; and
- (iii) if the circumstances leading to the Authority’s determination were a situation referred to in paragraph 44(1)(a), how long the Government predicts it will
- (b) report annually thereafter to the Ministerial Council on the action it has taken, or proposes to take, to remedy the situation, until:
- (i) in the case of a determination made under sub-clause 43(1), the Authority is satisfied that the Government once more complies with paragraph 16(1)(a) and re
- (ii) in the case of a determination made under sub-clause 44(1), the Authority revokes that determination.
- PART XI—FINANCE
- 47. State Actions
- (1) Subject to subclauses 47(2) and (3), the cost of undertaking and monitoring a State Action must either:
- (a) be met by the Contracting Government which undertakes it; or
- (b) if the State Action is undertaken by more than one Contracting Government, be met by them in such proportions as they may agree.
- (2) Where a Contracting Government agrees to assign to another Contracting Government any salinity credits or salinity debits under clause 23, any financial obl
- (3) The costs of undertaking, monitoring and reviewing State Actions whose salinity credits and salinity debits will be attributed to the Collective Account are
- 48. Joint works or measures and S&DS works or measures
- (1) Subject to subclause 48(2), the provisions of clause 72 of the Agreement apply to every Joint work or measure and every S&DS work or measure.
- (2) The share of the cost of any Joint work or measure or any S&DS work or measure attributable to a Contracting Government under subclause 48(1) may be varied
- Part XII—TRANSITIONAL PROVISIONS
- DIVISION 1—AMENDMENTS MADE BY THE WATER AMENDMENT (MURRAY—DARLING BASIN AGREEMENT—BASIN SALINITY MANAGEMENT) REGULATIONS 2018
- 50. Application of Division
- This Division applies in relation to amendments of this Schedule made by Schedule 1 to the amending regulations.
- 51. Definitions
- In this Division:
- “amending regulations” means the Water Amendment (Murray-Darling Basin Agreement—Basin Salinity Management) Regulations 2018.
- “commencement day” means the day on which this Division commences.
- “new Schedule B” means this Schedule as in force on and after the commencement of this Division.
- “old Schedule B” means this Schedule as in force immediately before the commencement of this Division.
- 52. Things started but not finished before commencement day
- (1) This clause applies if:
- (a) before the commencement day a Contracting Government, the Committee, the Authority or an auditor appointed under clause 34 of old Schedule B started doing a
- (b) immediately before that day the Contracting Government, Committee, Authority or auditor had not finished doing that thing.
- (2) The Contracting Government, Committee, Authority or auditor, as the case requires, must, on and after the commencement day, finish doing the thing in accord
- 53. Things done in anticipation of new Schedule B
- Acts or things consistent with new Schedule B done by or on behalf of a Contracting Government, the Committee, the Authority or an auditor appointed under claus
- 54. Things done by, or in relation to, the Committee or Authority
- If, before the commencement day, a thing was done by, or in relation to, the Committee or the Authority under old Schedule B, then the thing is taken, on and af
- 55. Things done under old Schedule B for particular purpose
- (1) If:
- (a) a thing was done for a particular purpose under old Schedule B; and
- (b) the thing could be done for that purpose under new Schedule B;
- the thing has effect for the purposes of new Schedule B as if it had been done under new Schedule B.
- (2) Without limiting subclause 55(1), a reference in that subclause to a thing being done includes a reference to an attribution, notice, report, plan or other
- 56. Amendments have no effect on previous operation of old Schedule B
- The amendment of a provision (the affected provision) of this Schedule by Schedule 1 to the amending regulations does not:
- (a) affect the previous operation of the affected provision or anything duly done or suffered under the affected provision; or
- (b) affect any right, privilege, obligation or liability acquired, accrued or incurred by a Contracting Government, the Committee or the Authority under the aff
- 57. Saving of protocols
- Protocols made by the Authority under clause 40 of old Schedule B and in force immediately before the commencement day continue to have effect on and after that
- 58. Provisional entries
- An entry made by the Authority in Register A or Register B before the commencement day purporting to be a provisional entry is, on and after the commencement da
- SCHEDULE B—APPENDIX 1—End of Valley Targets
- SCHEDULE B—APPENDIX 2—AUTHORISED WORKS OR MEASURES
- Description of works Location Nominated Government Status Barr Creek Drainage Diversion Scheme Saline water diversion from Barr Creek with disposal to the Tutch
- SCHEDULE C—APPLICATION OF AGREEMENT TO QUEENSLAND
- Plan for the purposes of clause 40 of the Agreement
- SCHEDULE D—TRANSFERRING TRADEABLE WATER RIGHTS
- PART I—PRELIMINARY
- 1 Purposes
- (1) Consistent with the laws of each State, the Commonwealth water legislation (including the Agreement and the Basin Plan), the National Water Initiative and p
- (a) to contribute to an efficient and effective water market by setting out administrative and coordination arrangements to facilitate interstate transfers, int
- (b) to enable the Authority to make, amend, review and revoke protocols under this Schedule to supplement its provisions; and
- (c) to enable the Committee to make, amend and revoke procedures under this Schedule to supplement its provisions; and
- (d) to require State Contracting Governments to maintain and adjust valley accounts for each valley in the State located in the southern-connected Basin; and
- (e) to require the Authority to maintain and adjust a State transfer account, a Barmah Choke entitlement record and a Barmah Choke allocation account; and
- (f) to enable the Authority to provide advice about water allocation transfers across the Barmah Choke; and
- (g) to enable the protocols to restrict or regulate transfers across the Barmah Choke; and
- (h) to require State Contracting Governments to provide information to the Authority about interstate transfers, intervalley transfers and transfers across the
- (2) A reference to the National Water Initiative in subclause (1) includes a reference to another agreement (however described) that supersedes, replaces, amend
- 2 Circumstances in which this Schedule does not apply
- Subject to the laws of each State, this Schedule and the protocols and procedures (if any) made under this Schedule do not apply in relation to transfers of tra
- (a) of sources of surface water outside the southern-connected Basin; or
- (b) that are not interstate transfers, intervalley transfers or transfers across the Barmah Choke; or
- (c) of ground water.
- 3 Definitions
- Note 1: A number of expressions used in this Schedule are defined in section 4 of the Water Act, including the following:
- (a) Agreement;
- (b) Commonwealth water legislation;
- (c) ground water;
- (d) National Water Initiative;
- (e) State;
- (f) State water management law;
- (g) surface water;
- (h) tradeable water rights;
- (i) water access entitlement;
- (j) water allocation.
- Note 2: A number of expressions used in this Schedule are defined in clause 2 of the Agreement, including the following:
- (a) Authority;
- (b) Committee;
- (c) Contracting Government;
- (d) Ministerial Council;
- (e) State Contracting Government;
- (f) State water entitlement;
- (g) Water Act.
- (1) In this Schedule and the protocols and procedures (if any) made under it:
- approval authority means a person or body whose approval is required under State water management law for a proposed interstate transfer, intervalley transfer o
- Barmah Choke allocation account means an account that the Authority must maintain under subclause 11(3).
- Barmah Choke entitlement record means a record that the Authority must maintain under subclause 11(2).
- designated water supply source means a water supply source for a valley account from which water is released by a State Contracting Government for the purposes
- interstate transfer means a transfer of tradeable water rights out of a State into another State.
- intervalley transfer means a transfer of tradeable water rights out of a valley:
- (a) into another valley; or
- (b) into the River Murray, or vice versa.
- procedures means procedures made by the Committee under clause 7A.
- protocol means a protocol made by the Authority under clause 6.
- southern-connected Basin has the meaning given by clause 4.
- State transfer account means the account the Authority must maintain under subclause 11(1).
- transfer includes any of the following:
- (a) a transfer that does not involve the payment of consideration;
- (b) a transfer between places under which ownership of the right being transferred does not change;
- (c) a transfer that does not involve the physical movement of water from one location to another.
- valley means a valley (within the ordinary meaning of that word), catchment or geographic area associated with a river (other than the River Murray) covered by
- valley account means an account maintained by a State Contracting Government under subclause 9(1) for a valley located in the State.
- (2) A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of this Schedule.
- (3) For the purposes of this Schedule, the Ministerial Council may determine the geographic extent and limits of the Barmah Choke.
- (4) A reference to a transfer across the Barmah Choke in this Schedule is a reference to a transfer of tradeable water rights from below the Barmah Choke in a S
- (5) Subclause (4) does not apply to subclause 11(2) or 12(1).
- Note 1: Subclause 11(2) covers water access entitlements transferred from below the Barmah Choke in a State to above the Barmah Choke in that State or another S
- Note 2: Subclause 12(1) covers water allocation transfers from above the Barmah Choke in a State to below the Barmah Choke in that State or another State.
- 4 Meaning of southern-connected Basin
- (1) For the purposes of this Schedule and subject to subclause (2), the southern-connected Basin means the following sources of surface water:
- (a) in New South Wales—the following:
- (i) regulated reaches of the following river systems—the Darling River (including, but limited to, Menindee Lakes and the Darling River downstream from the Meni
- (ii) regulated reaches connected to the river systems covered by subparagraph (i);
- (b) in Victoria—the following:
- (i) regulated reaches of the following river systems—the Goulburn River, the Broken River, the Campaspe River, the Loddon River and the River Murray;
- (ii) regulated reaches connected to the river systems covered by subparagraph (i);
- (c) in South Australia—the River Murray;
- (d) in the Australian Capital Territory—the Murrumbidgee River;
- (e) any other sources of surface water determined by the Ministerial Council under paragraph (2)(a).
- (2) For the purposes of this Schedule, the Ministerial Council may determine:
- (a) other sources of surface water within the southern connected Basin; and
- (b) the geographic extent and limits of the southern connected Basin.
- 5 Suspension of Schedule
- (1) Subject to subclause (4), a State Contracting Government may, from time to time, after consulting the Ministerial Council, suspend or limit the operation of
- (a) the use or management of water comprised in water access entitlements or water allocations transferred under this Schedule have increased or accelerated env
- (b) any other State has made inadequate progress towards pricing water to recover full costs, in accordance with principles adopted by the Council of Australian
- (c) the policies or practices applying within any other State do not achieve the objectives of the National Water Initiative relating to reducing barriers to tr
- (2) For the purposes of subclause (1), the following clauses and subclauses of this Schedule are specified:
- (a) subclauses 6(1) to (8) (which are about making protocols);
- (b) subclauses 7A(1) to (6) (which are about making procedures);
- (c) clause 8 (which is about adjusting the delivery of State water entitlements);
- (d) subclause 9(2) (which is about providing information about valley accounts);
- (e) clause 11 (which is about maintaining and adjusting State transfer accounts, a Barmah Choke allocation account and a Barmah Choke entitlement record);
- (f) clauses 13 to 16 (which are about information sharing and audits, monitoring and reporting, reviewing the Schedule and dispute resolution).
- (3) The Ministerial Council may, from time to time, having regard to the National Water Initiative, by resolution, suspend or limit the operation of this Schedu
- (4) Each State Contracting Government must try to resolve any difference between it and any other State Contracting Government about a matter referred to in par
- PART II—PROTOCOLS AND PROCEDURES
- 6 Power to make protocols
- (1) The Authority may, in consultation with the Committee, from time to time make one or more protocols in relation to the matters covered by this Schedule, inc
- (a) facilitating the transfer of tradeable water rights between hydrologically connected river systems in the southern-connected Basin;
- (b) adjusting the delivery of State water entitlements under Part XII of the Agreement to take into account, and to give effect to, interstate transfers of trad
- (c) maintaining and adjusting valley accounts in accordance with subclause 9(1);
- (d) providing information about valley account balances in accordance with subclause 9(2) for each valley in the State;
- (e) designated water supply sources and releasing water from valley accounts in accordance with subclauses 9(3) and (4);
- (f) maintaining and adjusting a State transfer account, a Barmah Choke entitlement record and a Barmah Choke allocation account in accordance with clause 11;
- (g) providing advice about water allocation transfers across the Barmah Choke in accordance with clause 12;
- (h) restricting or regulating transfers across the Barmah Choke in accordance with clause 12A;
- (i) providing information about interstate transfers, intervalley transfers and transfers across the Barmah Choke, of tradeable water rights in accordance with
- (j) monitoring and reporting interstate transfers of tradeable water rights;
- (k) implementing resolutions of the Ministerial Council.
- Note: A protocol made by the Authority under this Schedule is a legislative instrument, see section 18D of the Water Act.
- (2) A protocol made under subclause (1) must not purport to affect or interfere with the responsibilities of a State to manage a water resource, except as provi
- (3) If the Authority plans to, or has determined to, make, amend, review or revoke a protocol, the Authority must notify each Contracting Government:
- (a) of the proposed protocol, amendment, review or revocation; and
- (b) of the subject matter of the proposed protocol, amendment, review or revocation.
- (4) A Contracting Government may nominate a person with relevant expertise and experience to give advice to the Authority in preparing, amending, reviewing or r
- (5) The Authority must consider any advice given by a person nominated under subclause (4), before it makes, amends or revokes a protocol.
- (6) A protocol is void to the extent that it is inconsistent with the Agreement (including its Schedules).
- (7) The Authority may:
- (a) on its own initiative amend, review or revoke a protocol made under subclause (1); or
- (b) review a protocol at the request of a Contracting Government.
- (8) The Authority must not delegate any power conferred on it by subclauses (1) and (7).
- (9) Each State Contracting Government must, in accordance with the laws of the State, take such action within the State as may be necessary to ensure that the m
- 7A Power to make procedures
- (1) The Committee may, from time to time, make, amend or revoke procedures as it considers necessary or desirable to give effect to this Schedule or a protocol
- (2) Without limiting subclause (1), the Committee may make procedures setting out processes in relation to any or all of the matters covered by subclause 6(1).
- (3) Procedures are void to the extent that they are inconsistent with the Agreement (including its Schedules) or a protocol (if any) made under this Schedule.
- (4) The Authority must, as soon as practicable after procedures are made or amended, publish the procedures as made or amended on its website.
- (5) Procedures come into effect when they are published on the Authority’s website.
- (6) Procedures made by the Committee under subclause (1) are not legislative instruments.
- (7) Each State Contracting Government must take such action within the State as may be necessary to ensure that the processes referred to in the procedures are
- PART III—MATTERS RELATING TO ADMINISTRATION OF THE AGREEMENT
- 8 Adjustment of delivery of State water entitlements
- The Authority must, from time to time, adjust the delivery of State water entitlements under Part XII of the Agreement to take into account, and to give effect
- PART IV—OPERATIONAL PRINCIPLES AND ADMINISTRATION
- 9 Release of water and valley accounts
- (1) Each State Contracting Government must maintain and adjust valley accounts that:
- (a) record the available balance for transfers of tradeable water rights in respect of each valley located in the State; and
- (b) are in accordance with the protocols and procedures (if any) made under this Schedule.
- (2) Each State Contracting Government must, in accordance with the protocols and procedures (if any) made under this Schedule, provide information to the Author
- (3) The Authority may:
- (a) in accordance with the protocols and procedures (if any) made under this Schedule, use the information provided under subclause (2) to give a State Contract
- (b) amend or cancel the direction at any time.
- (4) A State Contracting Government must implement the direction by releasing water from a designated water supply source in accordance with the protocols and pr
- (5) With the consent of the State Contracting Government to whom the direction is given, the direction may result in a valley account being overdrawn.
- 10 Authority to be informed of new proposals
- (1) A State Contracting Government (the proposing State) that is considering a proposal specified in subclause (2) to amend a State water management law, or a p
- (a) inform the Authority of the proposal and give the Authority the necessary information and data on the flow or use (or both) of water within, or into, the Ri
- (b) if the proposing State believes that any other State or States may be affected by the proposal—inform the other affected State Contracting Governments of th
- (2) For the purposes of subclause (1), the following proposals are specified:
- (a) if the proposing State is New South Wales or Victoria—a proposal that:
- (i) directly alters the flow or use of water in a river that is covered by the definition of southern-connected Basin, other than the River Murray; and
- (ii) the proposing State believes may significantly affect the flow or use of water from that river into the River Murray;
- (b) if the proposing State is New South Wales or Victoria—a proposal that:
- (i) directly alters the flow or use of water in the River Murray in the proposing State; and
- (ii) the proposing State believes may significantly affect the flow or use of water in the River Murray;
- (c) if the proposing State is South Australia—a proposal that:
- (i) directly alters the flow or use of water in the River Murray in South Australia; and
- (ii) the proposing State believes may significantly affect the flow or use of water in the River Murray upstream of South Australia.
- (3) The proposing State must, in writing, notify the Authority, and any other State Contracting Governments informed of the proposal under paragraph (1)(b), if,
- (4) The Authority may, having regard to the information and data given by the proposing State, provide advice, in writing, to the proposing State on the followi
- (a) the anticipated effect of the proposal on the flow, use or control of water in the River Murray;
- (b) if the Authority believes the proposal will affect other States—the other States that would be affected by the proposal.
- (5) If:
- (a) the Authority provides advice under subclause (4); and
- (b) that advice identifies other States under paragraph (4)(b); and
- (c) the proposing State has not given notification of its decision not to proceed with the proposal under subclause (3);
- the proposing State must provide a copy of the proposal, and the Authority’s advice on the proposal, to the other State Contracting Governments identified in th
- (6) The Authority may, at any time after providing advice to the proposing State under subclause (4), provide a copy of that advice to another State Contracting
- (7) The Authority must, in writing, notify the proposing State if the Authority provides a copy of the advice to another State Contracting Government under subc
- 11 State transfer accounts, Barmah Choke allocation account and Barmah Choke entitlement record
- (1) The Authority must maintain and adjust a State transfer account that records:
- (a) each interstate transfer of tradeable water rights in the southern-connected Basin; and
- (b) adjustments to the delivery of State water entitlements.
- Note: The Authority uses information provided by the State Contracting Governments under subclause 13(1) to maintain the State transfer account.
- (2) The Authority must maintain and adjust a Barmah Choke entitlement record of the water access entitlements transferred from below the Barmah Choke in a State
- (3) The Authority must maintain and adjust a Barmah Choke allocation account that sets out water allocation transfers across the Barmah Choke in a financial yea
- Note: The Authority uses information provided by the State Contracting Governments under subclause 13(1) to maintain the Barmah Choke allocation account.
- (4) An account or record that the Authority is required to maintain and adjust under this clause must be maintained and adjusted in accordance with the protocol
- 12 Advice about water allocation transfers across the Barmah Choke
- (1) The Authority may, in accordance with the protocols and procedures (if any) made under this Schedule, provide advice to one or more State Contracting Govern
- (a) the maximum volume of water allocations that may be transferred from above the Barmah Choke in a State to below the Barmah Choke in that State or another St
- (b) the period during which such transfers may occur;
- (c) the conditions (if any) that apply to such transfers.
- (2) Before providing that advice, the Authority must:
- (a) have regard to the information provided by the State Contracting Governments under subclause 13(1); and
- (b) consult with the Committee.
- 12A Restrictions on transfers of tradeable water rights across the Barmah Choke
- Subject to the laws of each State and the Basin Plan, the protocols (if any) made under this Schedule may impose restrictions on, or regulate, transfers across
- Note: Subclause 6(2) does not apply to a protocol restricting or regulating transfers across the Barmah Choke made in accordance with this clause.
- 13 Transfers of tradeable water rights—information sharing and audits
- (1) Each State Contracting Government must, in relation to interstate transfers, intervalley transfers and transfers across the Barmah Choke, of tradeable water
- (2) The Authority must keep records of the information provided by the State Contracting Governments under subclause (1).
- (3) The Authority must arrange for an independent auditor to undertake an audit of the Authority’s records in accordance with this clause if:
- (a) the Authority is not satisfied that any volumetric errors in the monthly reconciliation process between the States and the Authority can be rectified; or
- (b) the Committee determines that the Authority is to arrange for the audit to be undertaken.
- (4) If the Authority is required to arrange for an independent auditor under paragraph (3)(a), the auditor must examine whether there is any discrepancy between
- (a) the volumetric information provided by the State Contracting Governments under subclause (1); and
- (b) the volumetric information contained in the records kept by the Authority under subclause (2).
- (5) If the Authority is required to arrange for an independent auditor under paragraph (3)(b):
- (a) the Committee must determine the matters that the auditor must examine; and
- (b) the auditor must examine those matters.
- (6) If an auditor undertakes an audit under subclause (3), the Authority must arrange for the auditor to make recommendations to the Ministerial Council, as soo
- (7) After considering any recommendation made by the auditor under subclause (6), the Ministerial Council may require the Authority to amend or adjust any of th
- (a) the Authority’s records kept under subclause (2) of this clause;
- (b) the State transfer account maintained under subclause 11(1);
- (c) the Barmah Choke allocation account maintained under subclause 11(3).
- 14 Monitoring and reporting
- For each financial year (the relevant financial year), the Authority must, in accordance with the protocols and procedures (if any) made under this Schedule, pr
- (a) the total volume of interstate transfers of tradeable water rights into and out of each State;
- (b) any adjustment to the delivery of a State water entitlement made under clause 8.
- 15 Review of Schedule D
- (1) The Authority must commence a review of the matters covered by subclause (3) or (4) at the following times:
- (a) before the end of the period of 10 years starting on 1 July 2026, and of each subsequent 10 year period;
- (b) at any other time the Committee determines.
- (2) The Authority must complete a review within 12 months of the day the review commences, unless the Ministerial Council agrees a longer period for completing
- (3) For the purposes of a review commenced under paragraph (1)(a), the matters are the operation of this Schedule, including any matters that the Committee dire
- (4) For the purposes of a review commenced under paragraph (1)(b), the matters are as follows:
- (a) any matters relating to the operation of this Schedule that the Committee directs;
- (b) any other matters relating to the operation of this Schedule that the Authority considers appropriate.
- (5) The Authority must prepare a report of the review and provide it to the Committee.
- (6) After considering the review report, the Committee must:
- (a) decide whether it is appropriate to consult on the proposed outcomes of the review with the Basin Community Committee or any other relevant stakeholders; an
- (b) submit the report, and the Committee’s advice in relation to it, to the Ministerial Council.
- 16 Dispute resolution
- (1) This clause applies to any dispute arising under this Schedule between the following parties:
- (a) two or more State Contracting Governments;
- (b) one or more State Contracting Governments and the Authority.
- (2) A dispute arises at the time when one party notifies the other party or parties in writing that there is a dispute about a matter specified in the notice.
- (3) If a dispute arises, the parties must seek, in good faith, to resolve the dispute expeditiously by negotiations between them.
- (4) If a dispute is not resolved within 60 days, a party to the dispute may give written notice to the other party or parties requiring the matter to be referre
- (a) comprising at least two members agreed between the parties; or
- (b) if they cannot agree, comprising an equal number of members appointed by each party to the dispute.
- (5) A dispute panel must meet within 7 days after it is appointed, or within such other period agreed by the parties.
- (6) A unanimous decision of the dispute panel is binding upon the parties.
- (7) If the dispute panel does not reach a unanimous decision:
- (a) any dispute to which the Authority is a party must be referred to the Ministerial Council for resolution; and
- (b) any dispute between State Contracting Governments may be referred by a party to an arbitrator, as if it were a matter requiring resolution by an arbitrator
- (8) Each party must meet its own costs in relation to any dispute.
- (9) Each party must contribute equally to the cost of any dispute panel or arbitrator, unless the dispute panel or arbitrator, as the case requires, directs oth
- PART V—APPLICATION, SAVING AND TRANSITIONAL PROVISIONS
- DIVISION 1—AMENDMENTS MADE BY THE WATER AMENDMENT (MURRAY-DARLING BASIN AGREEMENT) REGULATIONS 2026
- 20 Application provision
- For the purposes of the operation of clause 6 or 7A of this Schedule before 1 July 2026, assume that Parts I, III and IV of this Schedule, as substituted by Par
- Note: Parts I, III, and IV of this Schedule, as substituted by Part 2 of Schedule 2 to the Water Amendment (Murray-Darling Basin Agreement) Regulations 2026, co
- 21 Saving provisions
- (1) A protocol made under clause 6 of this Schedule that was in force immediately before the commencement of this subclause continues in force (and may be dealt
- (2) Clause 17 of this Schedule, as in force immediately before the commencement of this subclause, continues to apply on and after that commencement in relation
- 22 Things done under this Schedule
- (1) Subject to clause 21, if:
- (a) a thing was done for a particular purpose under this Schedule as in force immediately before the commencement of this clause; and
- (b) the thing could be done for that purpose under this Schedule, as amended by Schedule 2 to the Water Amendment (Murray-Darling Basin Agreement) Regulations 2
- the thing has effect for the purposes of this Schedule as if it had been done for that purpose under this Schedule, as so amended.
- (2) Without limiting subclause (1), a reference in that subclause to a thing being done includes a reference to information being given.
- SCHEDULE F—EFFECT OF THE SNOWY SCHEME
- PART I—PRELIMINARY
- 1. Purpose
- The purpose of this Schedule is to make arrangements for sharing between New South Wales, South Australia and Victoria of water made available in the catchment
- 2. Definitions
- In this Schedule:
- (1) “Baseline Conditions” means:
- (a) the infrastructure supplying water;
- (b) the rules for allocating water and for water management systems applying;
- (c) the operating efficiency of water management systems; and
- (d) existing entitlements to take and use water and the extent to which those entitlements were used,
- within the Murray-Darling Basin as at the Corporatisation Date;
- (2) “Corporatisation Date” means the date on which the Snowy Mountains Hydro-electric Power Act 1949 (Cth) is repealed by the Snowy Hydro Corporatisation Act 19
- (3) “Environmental Entitlement” means:
- (a) a category of environmental water referred to in section 8 of the Water Management Act 2000 (NSW); and
- (b) a bulk entitlement granted under the Water Act 1989 (Vic) that includes conditions relating to environmental purposes,
- in both cases comprising a volume of water derived from either or both of Water Savings and Water Entitlements;
- (4) “Goulburn River System” means the Broken, Goulburn, Campaspe and Loddon Rivers and the water supply systems supplied by those rivers;
- (4A) “Initial River Murray Increased Flows Account” means the account maintained by the Authority under paragraph 21(1)(a);
- (5) “Licensee” means the licensee under the Snowy Water Licence;
- (7) “Lower Darling River System” means the Darling River and its anabranch system from the upstream extent of the Menindee Lakes Storage and downstream and the
- (7A) “Ministerial Corporation” means the Water Administration Ministerial Corporation constituted under section 371 of the Water Management Act 2000 (NSW);
- (8) “Month” means calendar month and “Monthly” means each calendar month;
- (10) “Murrumbidgee River System” means the Murrumbidgee River and the water supply systems supplied by that river;
- (11) “Relaxation Volume” has the same meaning as in the Snowy Water Licence as amended by the Notice of Variation dated 18 November 2020;
- (12) “Reliability” with respect to a supply of water means the statistical probability of being able to supply a particular volume in any Water Year;
- (13) “Required Annual Release” has the same meaning as in the Snowy Water Licence taken as a whole as amended by the Notice of Variation dated 18 November 2020.
- (13A) “Required Annual Release Pre-Release Volume” means the volume of water for the Water Year worked out under clause 13.4 of Schedule Four to the Snowy Water
- (14) “Required Annual Release Shortfall” means, for any Water Year, the volume of water by which the sum of the following exceeds the actual volume of water rel
- (a) the Required Annual Release from the Snowy-Murray Development for that Water Year;
- (b) the River Murray Drought Release (if any) for that Water Year;
- (c) the River Murray Increased Flows Requested Release (if any) for that Water Year;
- (15) “River Murray Above Target Releases” means, for any Water Year, the volume of water that is released from the Snowy Scheme to the catchment of the River Mu
- (a) the Required Annual Release from the Snowy-Murray Development for that Water Year;
- (b) the River Murray Drought Release (if any) for that Water Year;
- (c) the River Murray Increased Flows Requested Release (if any) for that Water Year;
- (d) the Required Annual Release Pre-Release Volume (if any) for that Water Year;
- (16) “River Murray Annual Allocation” with respect to each Water Year means the annual allocation from the River Murray Apportioned Entitlement determined by Ne
- (17) “River Murray Apportioned Entitlement” means the volume of water from the Environmental Entitlements that is apportioned to the River Murray Increased Flow
- (17A) “River Murray Drought Release” for a Water Year means the volume of water for that Water Year worked out under subclause 10.2(5) of Schedule Four to the S
- (18) “River Murray Increased Flows” means releases of water made in accordance with Part V of this Schedule, for the purpose of environmental flows from the Sno
- (19) “River Murray Increased Flows Accounts” means the water accounts to be maintained by the Authority under clause 21 of this Schedule;
- (20) “River Murray Increased Flows in Authority Storages Account” means the water account to be maintained by the Authority under paragraph 21(1)(b) of this Sch
- (20A) “River Murray Increased Flows Requested Release” means the volume of water specified in a notice given by the Authority to the Ministerial Corporation, in
- (21) “River Murray System” means the aggregate of:
- (a) the River Murray;
- (b) all tributaries entering the River Murray upstream of Doctors Point;
- (c) the Ovens River; and
- (d) the Lower Darling River System;
- (22) “Seasonal Availability” with respect to the water to which an entitlement refers means:
- (a) for that part of the entitlement whose availability is determined by reference to seasonal allocations: the final seasonal allocation announcement of the re
- (b) for that part of the entitlement whose availability is determined by reference to the entitlement of South Australia: the allocated volume received during t
- (23) “Snowy Montane Rivers External Increased Flows” means releases of water made by the Licensee to montane rivers under the environmental flow requirements of
- (a) the Murray 1 Power Station in the case of the Snowy-Murray Development; or
- (b) Jounama Pondage in the case of the Snowy-Tumut Development,
- if it were not released for environmental purposes;
- (24) “Snowy-Murray Development” means the component of the Snowy Scheme comprising works that regulate the waters of the Upper Snowy River, the Geehi River and
- (25) “Snowy-Murray Development Annual Allocation” means the annual allocation for any Water Year for the Snowy-Murray Development determined by New South Wales
- (26) “Snowy-Murray Development Designated Entitlement” means that part of the Environmental Entitlements designated against the Snowy-Murray Development by New
- (27) “Snowy-Murray Development (River Murray) Environmental Entitlements” means both:
- (a) a category of environmental water referred to in section 8 of the Water Management Act 2000 (NSW); and
- (b) a bulk entitlement granted under the Water Act 1989 (Vic) that includes conditions relating to the protection of the environment,
- in both cases comprising a volume of water derived from either or both of Water Savings and Water Entitlements sourced from the River Murray System or the Goulb
- (28) “Snowy Notional Spill” means:
- (a) in the case of the Snowy-Murray Development: the calculated active volume of water belonging to the Snowy-Murray Development stored in Eucumbene Reservoir e
- (b) in the case of Snowy-Tumut Development: the calculated active volume of water belonging to the Snowy-Tumut Development stored in Eucumbene Reservoir exceedi
- (29) “Snowy River” means the Snowy River downstream of Jindabyne Dam;
- (30) “Snowy River Annual Allocation” means the annual allocation from the Snowy River Apportioned Entitlement for any Water Year, determined by New South Wales;
- (31) “Snowy River Apportioned Entitlement” means the volume of water from the Environmental Entitlements apportioned to environmental flows from the Snowy Schem
- (32) “Snowy Scheme” means the dams, tunnels, power stations, aqueducts and other structures that comprise the Snowy-Murray Development and the Snowy-Tumut Devel
- (33) “Snowy-Tumut Development” means the component of the Snowy Scheme comprising works that regulate the waters of the Eucumbene River, the Tooma River, the Up
- (34) “Snowy-Tumut Development Annual Allocation” with respect to each Water Year means the annual allocation for the Snowy-Tumut Development determined by New S
- (35) “Snowy-Tumut Development Designated Entitlement” means that part of the Environmental Entitlements designated against the Snowy-Tumut Development by New So
- (36) “Snowy Water Licence” means the licence issued under Part 5 of the Snowy Hydro Corporatisation Act 1997 (NSW);
- (37) “Strategy” means the Strategy referred to in subclause 20(1) of this Schedule;
- (37A) “Substitution” means the alteration of an account to substitute a volume of water to be shown as being stored in a major storage for an equivalent volume
- (38) “Translation Factors” means the translation factors used to convert Water Savings and Water Entitlements into an Environmental Entitlement with specified R
- (39) “Upper Snowy River” means the Snowy River upstream of Jindabyne Dam (including the Mowamba River and the Cobbon Creek) but excluding the Eucumbene River;
- (39A) “Valley” means a valley (within the ordinary meaning of that word), catchment or geographic area associated with a river within the following river system
- (a) the River Murray System;
- (b) the Murrumbidgee River System;
- (c) the Goulburn River System;
- (40) “Water Entitlement” means any of the following types of licence, right, share or entitlement purchased for the purpose of environmental flows from the Snow
- (a) in New South Wales, an access licence granted under the Water Management Act 2000 (NSW);
- (b) in Victoria, any of the following:
- (i) a water right granted under the Water Act 1989 (Vic), as in force immediately before the commencement of the Water (Resource Management) Act 2005 (Vic);
- (ii) a water share (within the meaning of that Act) issued under that Act;
- (iii) a licence to take and use water under that Act, as in force immediately before the commencement of the Water (Resource Management) Act 2005 (Vic);
- (iv) a bulk entitlement (within the meaning of that Act) granted under that Act;
- (v) any transferable allocation of sales water made to the holder of a right or licence mentioned in subparagraph (i) or (iii);
- (41) “Water Market” means, with respect to a Water Entitlement, the market from which the relevant Water Entitlement is drawn;
- (42) “Water Savings” means the volume of water that is:
- (a) sourced from the River Murray System, the Murrumbidgee River System or the Goulburn River System; and
- (b) saved for the purpose of environmental flows from the Snowy Scheme;
- through one or more projects that:
- (c) reduce transmission losses, evaporation or system inefficiencies; or
- (d) achieve either or both of the following:
- (i) water management improvements;
- (ii) environmental improvements;
- (43) “Water Year” means the period of 12 Months commencing on 1 May in each year.
- PART II—CALCULATING WATER VOLUMES
- 3. The Snowy Scheme And The River Murray
- (1) In this Agreement, “Water Available to the Snowy-Murray Development” means:
- Water of the Upper Snowy River regulated by the Snowy Scheme
- PLUS water of the Geehi River and Bogong Creek regulated by the Snowy Scheme
- PLUS any Snowy Notional Spill from the Snowy-Tumut Development to the Snowy-Murray Development
- PLUS the transfer from the Snowy-Tumut Development to the Snowy-Murray Development of the Snowy-Tumut Development Annual Allocation
- PLUS 4·5 GL per Water Year transferred from the Snowy-Tumut Development to the Snowy-Murray Development
- MINUS Snowy Notional Spill from the Snowy-Murray Development to the Snowy-Tumut Development.
- (2) In this Agreement, “Net Snowy-Murray Development Diversions to the River Murray” means the volume of water calculated as follows:
- Water Available to the Snowy-Murray Development released by the Snowy Scheme to the catchment of the River Murray upstream of Hume Dam
- MINUS the water of the Tooma River regulated by the Snowy Scheme
- MINUS the natural flows of the Geehi River and Bogong Creek regulated by the Snowy Scheme.
- (3) In this Agreement, “Murray to Murrumbidgee Inter-Valley Transfer” means the volume of Water Available to the Snowy-Murray Development released by the Snowy
- 4. The Snowy Scheme And The Murrumbidgee River
- (1) In this Agreement, “Water Available to the Snowy-Tumut Development” means:
- Water of the Eucumbene River, the Tooma River, the Upper Murrumbidgee River and the Upper Tumut River regulated by the Snowy Scheme
- PLUS any Snowy Notional Spill from the Snowy-Murray Development to the Snowy-Tumut Development
- MINUS any Snowy Notional Spill from the Snowy-Tumut Development to the Snowy-Murray Development
- MINUS the transfer from the Snowy-Tumut Development to the Snowy-Murray Development of the Snowy-Tumut Development Annual Allocation
- MINUS 4·5 GL per Water Year transferred from the Snowy-Tumut Development to the Snowy-Murray Development.
- (2) In this Agreement, “Murrumbidgee to Murray Inter-Valley Transfer” means the volume of Water Available to the Snowy-Tumut Development released by the Snowy S
- 5. Excess Snowy River Releases
- In this Agreement, “Excess Snowy River Releases” means the greater of zero and the volume of water calculated as follows:
- The regulated releases made to the Snowy River in the relevant Water Year, measured immediately below the confluence of the Snowy River and the Mowamba River
- MINUS 9 GL
- MINUS the Snowy River Annual Allocation in the relevant Water Year.
- 6. Snowy River Release Shortfalls
- In this Agreement, “Snowy River Release Shortfalls” means the greater of zero and the volume of water calculated as follows:
- The Snowy River Annual Allocation in the relevant Water Year
- PLUS 9 GL
- MINUS the regulated releases made to the Snowy River in the relevant Water Year, measured immediately below the confluence of the Snowy River and the Mowamba Ri
- 7. Accounting For Water Releases
- For the purposes of this Agreement, water releases from the Snowy-Murray Development to the catchment of the River Murray upstream of Hume Dam are to be account
- (1) water releases as at Murray 1 Power Station; and
- (2) any water that would have passed through the Murray 1 Power Station but does not:
- (a) for operational reasons; or
- (b) because it is released from the Snowy Scheme as Snowy Montane Rivers External Increased Flows,
- and that flows into the catchment of the River Murray upstream of Hume Dam.
- PART III—WATER ACCOUNTING
- 8. Entitlements of New South Wales and Victoria to Use Water
- (1) For the purposes of paragraph 94(1)(e) of the Agreement:
- (a) New South Wales is entitled to use the volume of water calculated under subclause (3); and
- (b) Victoria is entitled to use the volume of water calculated under subclause (4).
- (2) New South Wales and Victoria are each entitled to use half the volume of water calculated as follows:
- The Net Snowy-Murray Development Diversions to the River Murray
- PLUS Murray to Murrumbidgee Inter-Valley Transfers
- PLUS the Required Annual Release Shortfall
- PLUS the Snowy-Murray Development Annual Allocation
- PLUS Excess Snowy River Releases in excess of the volume of the Snowy River Release Shortfall in the previous Water Year
- MINUS at the discretion of the Authority, Murrumbidgee to Murray Inter-Valley Transfers
- MINUS the Required Annual Release Shortfall from the previous Water Year
- MINUS River Murray Above Target Releases allocated, in accordance with the Strategy, to New South Wales, Victoria and South Australia received by Hume Reservoir
- MINUS the River Murray Increased Flows Requested Release (if any) for that Water Year that is assigned to New South Wales, Victoria and South Australia in accor
- PLUS the volume of water assigned to a major storage for River Murray Increased Flows as a result of a Substitution made in accordance with the Strategy.
- (3) For the purposes of paragraph (1)(a), the volume of water that New South Wales is entitled to use is calculated as follows:
- The volume of water that New South Wales is entitled to use under subclause (2)
- PLUS the volume of water in a major storage that the Authority has assigned to New South Wales as a result of a Substitution made in accordance with the Strateg
- PLUS the River Murray Increased Flows Requested Release (if any) for that Water Year that is assigned to New South Wales in accordance with the Strategy
- PLUS River Murray Above Target Releases allocated, in accordance with the Strategy, to New South Wales received by Hume Reservoir
- MINUS the volume of water credited into the Initial River Murray Increased Flows Account to New South Wales following a Substitution made in accordance with the
- (4) For the purposes of paragraph (1)(b), the volume of water that Victoria is entitled to use is calculated as follows:
- The volume of water that Victoria is entitled to use under subclause (2)
- PLUS the volume of water in a major storage that the Authority has assigned to Victoria as a result of a Substitution made in accordance with the Strategy
- PLUS the River Murray Increased Flows Requested Release (if any) for that Water Year that is assigned to Victoria in accordance with the Strategy
- PLUS River Murray Above Target Releases allocated, in accordance with the Strategy, to Victoria received by Hume Reservoir
- MINUS the volume of water credited into the Initial River Murray Increased Flows Account to Victoria following a Substitution made in accordance with the Strate
- 9. Water Estimated To Be Under The Control Of The Authority
- Water referred to in paragraph 101(e) of the Agreement is estimated as follows:
- The Net Snowy-Murray Development Diversions to the River Murray
- PLUS Murray to Murrumbidgee Inter-Valley Transfers
- PLUS the Required Annual Release Shortfall
- PLUS the Snowy-Murray Development Annual Allocation
- PLUS Excess Snowy River Releases in excess of the volume of the Snowy River Release Shortfall in the previous Water Year
- MINUS at the discretion of the Authority, Murrumbidgee to Murray Inter-Valley Transfers
- MINUS the Required Annual Release Shortfall from the previous Water Year
- MINUS River Murray Above Target Releases allocated to the River Murray Increased Flows received by Hume Reservoir
- MINUS River Murray Above Target Releases allocated, in accordance with the Strategy, to New South Wales, Victoria and South Australia received by Hume Reservoir
- MINUS the River Murray Increased Flows Requested Release (if any) for that Water Year;
- in each case before the end of the following May.
- 10. Allocation of Water to New South Wales and Victoria
- The volume of water referred to in paragraph 106(1)(b) of the Agreement is calculated as follows:
- The Net Snowy-Murray Development Diversions to the River Murray
- PLUS Murray to Murrumbidgee Inter-Valley Transfers
- PLUS the Required Annual Release Shortfall
- PLUS the Snowy-Murray Development Annual Allocation
- PLUS Excess Snowy River Releases in excess of the volume of the Snowy River Release Shortfall in the previous Water Year
- MINUS at the discretion of the Authority, Murrumbidgee to Murray Inter-Valley Transfers
- MINUS the Required Annual Release Shortfall from the previous Water Year
- MINUS River Murray Above Target Releases allocated to the River Murray Increased Flows received by Hume Reservoir
- MINUS River Murray Above Target Releases allocated, in accordance with the Strategy, to New South Wales, Victoria and South Australia received by Hume Reservoir
- MINUS the River Murray Increased Flows Requested Release (if any) for that Water Year.
- 11. Tributary Inflows
- (1) The volume of water referred to in sub-clause 108(2) of the Agreement is calculated as follows:
- The component of the Required Annual Release Shortfall from the previous Water Year allocated to New South Wales under sub-clause 13(2) of this Schedule
- PLUS half of the River Murray Above Target Releases allocated to the River Murray Increased Flows received by Hume Reservoir
- PLUS half of the Excess Snowy River Release up to the volume of half of the Snowy River Release Shortfall in the previous Water Year for which an adjustment was
- PLUS at the discretion of the Authority, Murrumbidgee to Murray Inter-Valley Transfers
- PLUS River Murray Above Target Releases allocated, in accordance with the Strategy, to New South Wales received by Hume Reservoir
- PLUS the River Murray Increased Flows Requested Release (if any) for that Water Year that is assigned to New South Wales in accordance with the Strategy
- PLUS half of the River Murray Increased Flows Requested Release (if any) for that Water Year that is assigned to River Murray Increased Flows in accordance with
- PLUS the volume of water in a major storage that the Authority has assigned to New South Wales as a result of a Substitution made in accordance with the Strateg
- PLUS half the volume of water assigned to a major storage for River Murray Increased Flows as a result of a Substitution made in accordance with the Strategy.
- (2) The volume of water referred to in sub-clause 108(3) of the Agreement is calculated as follows:
- The component of the Required Annual Release Shortfall from the previous Water Year allocated to Victoria under sub-clause 13(2) of this Schedule
- PLUS half of the River Murray Above Target Releases allocated to the River Murray Increased Flows received by Hume Reservoir
- PLUS River Murray Above Target Releases allocated, in accordance with the Strategy, to Victoria received by Hume Reservoir
- PLUS half of the Snowy River Release Shortfall, unless Victoria has previously advised the Authority that Victoria waives this element of its allocation in any
- PLUS the River Murray Increased Flows Requested Release (if any) for that Water Year that is assigned to Victoria in accordance with the Strategy
- PLUS half of the River Murray Increased Flows Requested Release (if any) for that Water Year that is assigned to River Murray Increased Flows in accordance with
- PLUS the volume of water in a major storage that the Authority has assigned to Victoria as a result of a Substitution made in accordance with the Strategy
- PLUS half the volume of water assigned to a major storage for River Murray Increased Flows as a result of a Substitution made in accordance with the Strategy.
- 12. Use By New South Wales And Victoria Of Allocated Water
- (1) The quantity of water referred to in paragraph 109(b) of the Agreement is calculated as follows:
- Murray to Murrumbidgee Inter-Valley Transfers
- PLUS Excess Snowy River Releases in excess of the volume of the Snowy River Release Shortfall in the previous Water Year
- PLUS the Snowy-Murray Development Annual Allocation sourced from New South Wales
- PLUS the component of the Required Annual Release Shortfall allocated to New South Wales under sub-clause 13(1) of this Schedule
- PLUS unless otherwise agreed with Victoria, half of the Snowy River Release Shortfall
- PLUS the volume of water credited into the Initial River Murray Increased Flows Account to New South Wales following a Substitution made in accordance with the
- (2) The quantity of water referred to in paragraph 109(c) of the Agreement is calculated as follows:
- The Snowy-Murray Development Annual Allocation sourced from Victoria
- PLUS the component of the Required Annual Release Shortfall allocated to Victoria under sub-clause 13(1) of this Schedule
- PLUS half of the Excess Snowy River Release up to the volume of half of the Snowy River Release Shortfall in the previous Water Year for which an adjustment was
- PLUS the volume of water credited into the Initial River Murray Increased Flows Account to Victoria following a Substitution made in accordance with the Strateg
- 13. Required Annual Release Shortfalls
- (1) If at the end of a Water Year there is a Required Annual Release Shortfall, the Required Annual Release Shortfall is to be accounted for by the Authority in
- TABLE ONE: WATER ACCOUNTING AND REQUIRED ANNUAL RELEASE SHORTFALLS
- TYPE OF WATER YEAR ARRANGEMENT WITH RESPECT TO REQUIRED ANNUAL RELEASE SHORTFALL WATER ACCOUNTING OUTCOMES Water Year during which a period of special accountin
- (2) The volume of any Required Annual Release Shortfall from the previous Water Year must be allocated equally between New South Wales and Victoria until the ba
- 14. Other Water Accounting Provisions
- (1) Where under this Schedule the Authority is required to adjust accounts in connection with the Snowy-Murray Development Annual Allocation, it must make those
- (2) Where under this Schedule the Authority is required to adjust accounts in connection with inter-valley transfer, it must make those adjustments in equal Mon
- (3) Each release of River Murray Increased Flows must be allocated half to New South Wales and half to Victoria.
- PART IV—SNOWY-MURRAY DEVELOPMENT (RIVER MURRAY) ENVIRONMENTAL ENTITLEMENTS
- 15. Translation Factors
- (1) New South Wales and Victoria must each transfer Water Savings and Water Entitlements to its respective Snowy-Murray Development (River Murray) Environmental
- (2) New South Wales, Victoria and the Authority must ensure that:
- (a) the Translation Factors are determined in a manner consistent with the principles used to determine exchange rates in the relevant Water Market at the time
- (b) the use of Translation Factors to transfer Water Savings and Water Entitlements to a Snowy-Murray Development (River Murray) Environmental Entitlement will
- (i) the level of Reliability of entitlements to water diverted from the River Murray System, the Murrumbidgee River System and the Goulburn River System;
- (ii) the environmental benefits related to the quantity and timing of water flows for environmental purposes in the River Murray System, the Murrumbidgee River
- (iii) the Seasonal Availability of the entitlement to be received during that Water Year by South Australia under this Agreement; and
- (iv) water quality in the River Murray in South Australia.
- 16. Apportionment Of Environmental Entitlements
- New South Wales and Victoria must notify the Authority of how each Environmental Entitlement has been apportioned between:
- (1) the Snowy River Apportioned Entitlement; and
- (2) the River Murray Apportioned Entitlement.
- 17. Transfers to Environmental Entitlements
- If New South Wales or Victoria (the transferring State) transfers Water Entitlements or Water Savings, or both, to an Environmental Entitlement, the transferrin
- (a) the volume and Reliability of the Water Entitlements or Water Savings, or both, that were transferred to the Environmental Entitlement;
- (b) the Valley from which the Water Entitlements or Water Savings, or both, were transferred;
- (c) the change to the volume and Reliability of the Environmental Entitlement as a result of the transfer.
- PART V—RIVER MURRAY INCREASED FLOWS
- 19. Obligation Of Authority To Make River Murray Increased Flows
- Subject to this Part, the Authority must release River Murray Increased Flows.
- 20. Strategy for River Murray Increased Flows
- (1) The Strategy is:
- (a) the document titled Strategy for River Murray Increased Flows 2026, as amended from time to time; or
- (b) any replacement document the Ministerial Council has approved, by resolution, as amended from time to time.
- (2) The Strategy must include the environmental objectives that the River Murray Increased Flows are intended to achieve in relation to the River Murray System
- (a) the environmental objectives set out in Part 2 of Chapter 8 of the Basin Plan, as in force immediately before the commencement of this clause; or
- (b) if the environmental objectives set out in Part 2 of Chapter 8 of the Basin Plan are amended on or after the commencement of this clause and the Ministerial
- (3) The Strategy:
- (a) must:
- (i) require that River Murray Increased Flows are released and used in accordance with the environmental objectives included in the Strategy; and
- (ii) provide that the River Murray Increased Flows have first priority from River Murray Above Target Releases; and
- (iii) include adaptive management principles to allow the environmental benefits of River Murray Increased Flows to be optimised; and
- (iv) identify some or all of the environmental reporting and monitoring conditions relating to River Murray Increased Flows set out under Commonwealth water leg
- (b) may provide that water credited to the River Murray Increased Flows in Authority Storages Account need not be released during the Water Year in which it is
- (c) must not have a significant adverse impact upon the security of entitlements to water, unless the Ministerial Council determines otherwise.
- Note: Subparagraph (a)(iv) does not require the Strategy to include an exhaustive list of environmental reporting and monitoring conditions relating to River Mu
- (4) The Strategy takes effect as follows:
- (a) for the document referred to in paragraph (1)(a)—on the day the Water Amendment (Murray-Darling Basin Agreement—River Murray Increased Flows and Other Measu
- (b) for a document referred to in paragraph (1)(b)—on the day after the Ministerial Council has approved, by resolution, the replacement document.
- (5) The Authority must, as soon as practicable after the Strategy takes effect, publish the Strategy on the Authority’s website.
- (6) The Ministerial Council may from time to time, by resolution, amend the Strategy.
- (7) Amendments to the Strategy take effect on the day after the Ministerial Council makes a resolution to amend the Strategy under subclause (6).
- (8) The Authority must, as soon as practicable after the amended Strategy takes effect, publish the amended Strategy on the Authority’s website.
- 20A. Periodic review of Strategy for River Murray Increased Flows
- (1) The Authority must conduct a periodic review of the Strategy.
- (2) Without limiting subclause (1), the review of the Strategy must consider:
- (a) any amendments of the environmental objectives set out in Part 2 of Chapter 8 of the Basin Plan since the commencement of the previous review; and
- (b) the impact of either of the following on the Strategy:
- (i) any amendments to the Snowy Water Licence and the deed between the Commonwealth, New South Wales and Victoria since the commencement of the previous review;
- (ii) the making or varying of any other agreements with respect to River Murray Increased Flows since the commencement of the previous review; and
- (c) if the Strategy requires the review to consider specified matters—the specified matters; and
- (d) any other matters relating to the Strategy or River Murray Increased Flows that the Committee directs.
- (3) The first review must commence before 30 June 2031.
- (4) Each later review must commence:
- (a) no later than 10 years after the completion of the previous review; and
- (b) at a time determined by the Committee.
- (5) The Authority must complete the review within 12 months of the day the review commences, unless the Committee agrees a longer period for completing the revi
- (6) The Authority must prepare a report of the review and provide it to the Committee.
- (7) After considering the review report, the Committee must submit the report, and the Committee’s advice in relation to it, to the Ministerial Council.
- 21. Authority To Maintain River Murray Increased Flows Accounts
- (1) The continuous water accounts for the River Murray Increased Flows known as:
- (a) the Initial River Murray Increased Flows Account; and
- (b) the River Murray Increased Flows in Authority Storages Account,
- maintained under this subclause, as in force immediately before the commencement of the Water Amendment (Murray-Darling Basin Agreement—River Murray Increased F
- (2) The Authority must maintain the continuous water accounts of the River Murray Increased Flows referred to in subclause (1) in the manner required by this cl
- (3) The Authority must:
- (a) credit the Initial River Murray Increased Flows Account with the River Murray Annual Allocation notified by New South Wales;
- (b) transfer from the Initial River Murray Increased Flows Account to the River Murray Increased Flows in Authority Storages Account, River Murray Above Target
- (c) record in the River Murray Increased Flows in Authority Storages Account the transfer of water in that account between Authority storages; and
- (d) record in the River Murray Increased Flows in Authority Storages Account the release of River Murray Increased Flows from Authority storages.
- (4) The River Murray Increased Flows Accounts must be independently audited unless the Ministerial Council, by resolution, declares otherwise.
- (5) As soon as practicable after the completion of each audit, the Authority must send a copy of the audited River Murray Increased Flows Accounts to the Contra
- 22. Binding Effect of Strategy
- Despite any other provision in this Agreement but subject to Divisions 2 and 3 of Part XII of the Agreement, the Authority must:
- (1) allocate River Murray Above Target Releases to the River Murray Increased Flows Accounts; and
- (2) manage the water in and releases of water from the River Murray Increased Flows in Authority Storages Account,
- in accordance with the Strategy.
- PART VI—NOTIFICATION AND CONSULTATION PROVISIONS
- 23. Authority To Be Informed Of New Proposals
- A Contracting Government must inform the Authority of any proposal:
- (1) to achieve Water Savings or to purchase Water Entitlements for the purpose of transferring those Water Savings or Water Entitlements to the Environmental En
- (2) to modify the reliability of a supply of water pursuant to an Environmental Entitlement,
- in accordance with sub-clause 49(4) of the Agreement.
- 24. Snowy Scheme Annual Water Operating Plan
- (1) The parties acknowledge that as a result of provisions in the Snowy Water Licence and a deed between the Commonwealth, New South Wales and Victoria as at th
- (2) The Commonwealth, New South Wales and Victoria must:
- (a) ensure the direct participation by the Authority in each consultation referred to in sub-clause 24(1) or held under any varied consultation arrangements; an
- (b) consult with the Authority before varying existing consultation arrangements.
- 25. Notifications Required
- (1) Each Contracting Government must, at the time specified by the Authority, notify the Authority of such water volumes and estimates as are reasonably request
- (2) The Authority must, at any time specified by New South Wales, notify New South Wales of such water volumes and estimates calculated by the Authority by refe
- PART VII—ANALYTICAL MODELS
- 26. Developing Analytical Models
- (1) The Authority must develop an analytical model for determining, in the case of the River Murray System:
- (a) storage volumes; and
- (b) total diversions,
- that would have occurred under Baseline Conditions.
- (2) New South Wales must develop an analytical model for determining, in the case of the Murrumbidgee River System:
- (a) storage volumes; and
- (b) total diversions,
- that would have occurred under Baseline Conditions.
- (3) An analytical model developed under this clause:
- (a) must be the best model available to the Authority or New South Wales, from time to time, for the purpose of calculating the timing and quantity of the Relax
- (b) must be tested against relevant historical data to determine the accuracy of the model.
- (4) New South Wales may at its own cost engage an independent auditor to evaluate whether the model developed under sub-clause 26(1) of this Schedule is:
- (a) the best available to the Authority; and
- (b) accurate.
- PART VIII—OTHER PROVISIONS
- 27. Inter-Valley Water Transfers
- (1) To facilitate water transfers, the Authority may request New South Wales to release:
- (a) Water Available to the Snowy-Murray Development to each or both of the Tumut River catchment and the Murrumbidgee River catchment; or
- (b) Water Available to the Snowy-Tumut Development to the River Murray catchment upstream of Hume Dam.
- (2) If New South Wales agrees with the request made under sub-clause 27(1) of this Schedule, any inter-valley transfer referred to in sub-clause 27(1) must be c
- PART IX—APPLICATION, SAVING AND TRANSITIONAL PROVISIONS
- DIVISION 1—AMENDMENTS MADE BY THE WATER AMENDMENT (MURRAY-DARLING BASIN AGREEMENT—RIVER MURRAY INCREASED FLOWS AND OTHER MEASURES) REGULATIONS 2026
- 28. Definitions
- In this Division:
- “amending Schedule” means Schedule 1 to the Water Amendment (Murray-Darling Basin Agreement—River Murray Increased Flows and Other Measures) Regulations 2026.
- 29. Transitional provision—Calculation of Required Annual Release
- (1) For the purposes of the Water Year starting on 1 May 2026, the Required Annual Release for that Water Year is the sum of the amounts worked out under subcla
- (2) The Required Annual Release for the period beginning on 1 May 2026 and ending on 30 September 2026 is the volume of water, as calculated on 1 September 2026
- Note: For the months between May and September 2026, the Required Annual Release is worked out as a proportion of the total Required Annual Release for that Wat
- (3) The Required Annual Release for the period beginning on 1 October 2026 and ending on 30 April 2027 is the volume of water, as calculated on 1 April 2027, th
- Note: For the months between October 2026 and April 2027, the Required Annual Release is worked out as a proportion of the total Required Annual Release for tha
- SCHEDULE G Accounting for south Australia’s storage rights
- PART 1 – PRELIMINARY
- 1. Purposes of Schedule G
- The purposes of this Schedule are, in accordance with clause 130 of the Agreement:
- (a) to set out rules for giving effect to, and accounting for, South Australia’s storage rights under clause 91 of the Agreement; and
- (b) to define what constitutes an effect on water availability and an effect on storage access for that clause.
- 2. Definitions and Interpretation
- (1) In this Schedule except where inconsistent with the context:
- “account” means an account maintained under subclause 20 (1).
- “allocation” means the volume of water allocated for use under an entitlement in any financial year pursuant to the law of a State.
- “deferred water” means any of the following:
- (a) any part of South Australia’s entitlement under clause 88 of the Agreement that South Australia stores under clause 91 of the Agreement;
- (b) any allocations South Australia may have acquired for use in South Australia from within an upper State, the delivery of which has been deferred in accordan
- (c) any volume of water that the Authority credits into the Initial River Murray Increased Flows Account to South Australia under Part 2A of this Schedule.
- “entitlement” means:
- (a) an entitlement to a particular share of water within the upper River Murray, the River Murray in South Australia or regulated reaches of the Goulburn, Broke
- (b) any other entitlement to divert water or to receive water diverted by another person or body from the river systems mentioned in paragraph (a);
- but does not include a State water entitlement.
- “Initial River Murray Increased Flows Account” has the meaning given by Schedule F.
- “major storage” means any one of the major storages defined by the Agreement.
- “Plan” means the Deferred Water Storage and Delivery Plan approved in accordance with clause 7.
- “pre-release” means to release water from a major storage solely for the purpose of creating capacity in the major storage to be used to mitigate downstream flo
- “re-regulate” means to control water released from an upstream major storage in a downstream major storage, when the water was released for a purpose other than
- “River Murray Above Target Releases” has the meaning given by Schedule F.
- Note: For the purposes of this definition, see also the definition of “Water Year” in Schedule F.
- “River Murray Increased Flows” has the meaning given by Schedule F.
- “River Murray Increased Flows Requested Release” has the meaning given by Schedule F.
- Note: For the purposes of this definition, see also the definition of “Water Year” in Schedule F.
- “Schedule F Strategy” means the Strategy referred to in subclause 20(1) of Schedule F.
- “Snowy Scheme” has the meaning given by Schedule F.
- “substitute”:
- (a) in relation to Part 2 (other than paragraph 10(1)(b))—means to alter an account to substitute a volume of water to be shown as being stored in an upstream m
- (b) in relation to paragraph 10(1)(b) and Part 2A—has the same meaning as the definition of “Substitution” in Schedule F.
- “transfer” means to transfer a volume of water held in an upstream major storage to a downstream major storage.
- “unused capacity”, for a major storage at any time, means the capacity not then used by an upper State, comprising the difference between:
- (a) the lesser of:
- (i) the target capacity of the major storage as set out in clause 116 of the Agreement; and
- (ii) if the Authority thinks there is a risk that water may have to be released from that major storage for flood mitigation—the volume of water that the Author
- (b) the volume in storage and attributed to the upper States at that time.
- “upper State” means each of New South Wales and Victoria.
- “year” means the 12 months beginning on 1 June.
- (2) Expressions used in this Schedule and in the Water Act 2007 (Commonwealth) or the Agreement that are not defined in this Schedule have the same meanings as
- (3) Clause 3 of the Agreement applies to this Schedule as if a reference to the Agreement in the clause were a reference to this Schedule.
- (4) For clause 91 and paragraph 130(8)(b) of the Agreement, storing water after the time when a part of South Australia’s entitlement would otherwise have been
- (a) will have an effect on water availability for an upper State if continuing to store the part of South Australia’s entitlement in accordance with the Plan, o
- (b) will have an effect on storage access by an upper State if delivering part of South Australia’s entitlement that South Australia has continued to store in a
- (i) river channels to carry the necessary flow; or
- (ii) a major storage to release sufficient water;
- affect the ability to deliver the State water entitlements of both States simultaneously.
- (5) The Authority must determine when an effect mentioned in paragraph (4) (a) or (4) (b) has occurred, taking into account the Plan, other provisions of this S
- (6) Whenever the Authority is required to form an opinion for this Schedule, it must do so reasonably in all the circumstances, and must take into account any r
- 3. Commencement
- Unless the Ministerial Council determines otherwise, this Schedule takes effect on the first day of the year after it is approved by the Ministerial Council.
- 4. Application
- This Schedule:
- (a) only applies to water to be used by South Australia to meet either critical human water needs or private carry-over; and
- (b) does not entitle South Australia to store any water on behalf of an upper State; and
- (c) applies during any period of water sharing under Division 1, 2 or 3 of Part XII of the Agreement, subject to any Schedule for water sharing made under claus
- (d) does not affect the ability of South Australia to store water under provisions of the Agreement other than clause 91.
- PART 2 – STORING DEFERRED WATER
- 5. Establishing initial volumes
- (1) The volume of deferred water held in each major storage at the date this Schedule takes effect is taken to be zero.
- (2) The Authority must enter the volumes mentioned in subclause (1) in the accounts established under subclause 20 (1).
- 6. Permissible volume of deferred water
- The volume of deferred water in each major storage must not exceed the total unused capacity of the major storage at any time.
- 7. Planning for storage and delivery of deferred water
- (1) By the first day of every month, the Committee member for South Australia must give to the Authority and each upper State a draft Deferred Water Storage and
- (a) minimum inflow conditions; or
- (b) other inflow conditions specified in the draft Plan.
- (2) A draft Plan must:
- (a) nominate how much of the deferred water held in storage, or credited to the Initial River Murray Increased Flows Account, at the commencement of the Plan is
- (b) for each month of the Plan, provide for the delivery of deferred water for the purpose of meeting either or both critical human water needs and private carr
- (c) for each month of the Plan, nominate one or more preferred major storages in which water set aside as deferred water in that month might be stored; and
- (d) for each month of the Plan, nominate one or more preferred major storages from which deferred water might be delivered; and
- (e) for each month of the Plan, nominate any preferred transfers and substitutions of deferred water between major storages; and
- (ea) for each month of the Plan, nominate whether South Australia will make a request under clause 12B for deferred water credited to the Initial River Murray I
- (f) not provide for deferred water to be delivered in the same month as that water became deferred water.
- (2A) For the purposes of paragraph (2)(ea), the Committee member for South Australia may, but is not required to, include in the draft Plan the specific volume
- (3) The Authority must provide assistance and advice to the Committee member for South Australia for the preparation of any draft Plan if the Committee member f
- (4) When considering whether or not to approve a draft Plan, the Authority must comply with clause 50 of the Agreement.
- (5) Subject to subclauses (4), (6) and (7), the Authority must, within 14 days after receiving a draft Plan from the Committee member for South Australia:
- (a) approve the draft Plan, subject to any conditions the Authority specifies; or
- (b) refer the draft Plan back to the Committee member for South Australia for further consideration; or
- (c) not approve the draft Plan.
- (6) The Authority must approve a draft Plan unless:
- (a) in the opinion of the Authority, the implementation of the Plan would have an effect on either or both of:
- (i) water availability for an upper State; and
- (ii) for deferred water stored for the purpose of meeting private carry-over by South Australia—storage access by an upper State; or
- (b) subclause (7) applies.
- (7) The Authority may refer a draft Plan back to the Committee member for South Australia, or refuse to approve a draft Plan, if, in the opinion of the Authorit
- (8) The Authority must give written reasons to the Committee member for South Australia and each upper State for not approving a draft Plan.
- (9) The Committee member for South Australia may at any time:
- (a) resubmit a draft Plan mentioned in paragraph (5)(b) or (c), with or without amendments, to the Authority; or
- (b) propose to the Authority, in writing, a departure from the arrangements mentioned in the Plan.
- (10) The Committee member for South Australia must give each upper State a copy of anything resubmitted or proposed to the Authority under subclause (9).
- (11) Subclauses (2) to (8) apply to any draft Plan, Plan or departure mentioned in subclause (9), as if a reference to a draft Plan or Plan in those subclauses
- (12) A draft Plan approved by the Authority under paragraph (5)(a) takes effect as the Plan.
- (13) If a departure from the Plan is approved by the Authority under subclause (11), the Plan is taken to be amended accordingly.
- 8. Resolving disputes about Plans
- (1) If the Authority does not approve a draft Plan or a departure from the Plan under clause 7, the Committee member for South Australia or the Authority may re
- (2) Subclauses 33 (5) to 33 (8) of the Agreement apply to any matter referred to the Committee under subclause (1) as if it were a matter referred by the Author
- 9. When deferred water is stored
- (1) The Committee member for South Australia may request the Authority in writing to reduce the quantity of water that it would otherwise receive in any month u
- (2) If a request made under subclause (1) is not in accordance with the Plan, the request must be taken to be a proposal for a departure from arrangements menti
- (3) If a request made under subclause (1) is either:
- (a) in accordance with the Plan; or
- (b) approved as a departure from the Plan;
- the volume mentioned in subclause (1) becomes deferred water for this Schedule at the time when the reduced quantity of water is released for delivery to South
- 10. Where deferred water may be stored or held
- (1) South Australia may:
- (a) store deferred water within the unused capacity of one or more major storages; or
- (b) hold deferred water as a credit against the Initial River Murray Increased Flows Account if the deferred water is substituted in accordance with clause 12A.
- (2) Subject to subclauses (3) and (4), any deferred water stored after the date this Schedule comes into effect must initially be held in the major storage from
- (3) If the source of any deferred water stored after the date this Schedule comes into effect is a tributary of the River Murray downstream of Hume Dam, the def
- (4) Subclauses (2) and (3) apply whether the deferred water is either:
- (a) part of South Australia’s entitlement under clause 88 of the Agreement, that is stored under clause 91 of the Agreement; or
- (b) allocations acquired for use in South Australia from within an upper State.
- 11. Transferring deferred water downstream
- (1) Subject to subclauses (5) and (6), the Authority must transfer deferred water from an upstream major storage to a downstream major storage in accordance wit
- (2) Despite subclause (1) but subject to subclauses (5) and (6), the Authority may transfer deferred water from an upstream major storage to a downstream major
- (3) Despite subclause (1) but subject to subclauses (5) and (6), the Authority must, with the prior written consent of the Committee member for South Australia,
- (4) If the Committee member for South Australia fails to consent to a transfer proposed under subclause (3), the Authority must reduce the delivery of deferred
- (5) The Authority must not transfer deferred water under subclause (1), (2) or (3) if, in the opinion of the Authority, transferring the deferred water would ha
- (a) water availability for an upper State; and
- (b) for deferred water stored for the purpose of meeting private carry-over in South Australia—storage access by an upper State.
- (6) The Authority may decide not to transfer deferred water in accordance with subclause (1), (2) or (3) if, in the opinion of the Authority, prevailing circums
- (7) The Authority must give written reasons to the Committee member for South Australia and for each upper State if it decides not to transfer deferred water in
- (8) Subject to subclause (9), the Authority must debit the account for the major storage with any deferred water transferred under this clause.
- (9) The Authority must credit the account for a downstream major storage with any deferred water transferred to the major storage under this clause when, in the
- 12. Substituting deferred water upstream
- (1) Unless the Plan, or an approved departure from the Plan, provides otherwise, whenever:
- (a) the volume of deferred water held in a downstream storage exceeds the volume of deferred water to be delivered under the Plan, or an approved departure from
- (b) the Authority, for the purpose of normal river operations, is required to transfer a volume of water from an upstream storage to a downstream storage; and
- (c) in the Authority’s view, it would be practicable to use a volume of water held in the downstream storage for the purpose mentioned in paragraph (b);
- the Authority must substitute the deferred water held in the downstream storage for water held in an upstream storage.
- (2) For subclause (1), substituting deferred water held in a downstream storage for water held in an upstream storage includes substituting deferred water held
- (3) The Authority must progressively adjust the relevant accounts of the upper States and South Australia maintained under Subdivisions D and E of Division 1 of
- PART 2A – DEFERRED WATER AND THE SNOWY SCHEME
- 12A. Substitution of deferred water stored in a major storage for a credit against the Snowy Scheme
- The Authority must substitute a volume of deferred water that is stored in a major storage for a credit against the Initial River Murray Increased Flows Account
- (a) a request is made to the Authority, in accordance with the Schedule F Strategy, for a River Murray Increased Flows Requested Release; and
- (b) the Committee member for South Australia notifies the Authority of its decision, in accordance with the Schedule F Strategy, to substitute a volume of defer
- 12B. Conversion of a credit against the Snowy Scheme
- (1) South Australia may store a volume of water as deferred water in the Hume Reservoir if:
- (a) all of the following apply:
- (i) the Authority has assigned a volume of water under a River Murray Increased Flows Requested Release (if any) to South Australia in accordance with the Sched
- (ii) all or part of the volume of water assigned under subparagraph (a)(i) is released from the Snowy Scheme in accordance with the Schedule F Strategy;
- (iii) the volume of released water has, in the Authority’s opinion, reached the Hume Reservoir; or
- (b) all of the following apply:
- (i) water is released as part of River Murray Above Target Releases that has not been allocated as River Murray Increased Flows;
- (ii) the Authority allocates a volume of water to South Australia from that release;
- (iii) the volume of allocated water is released and has, in the Authority’s opinion, reached the Hume Reservoir.
- (2) If paragraph (1)(a) or (b) applies, the Authority must credit the account for the Hume Reservoir, and debit the Initial River Murray Increased Flows Account
- (3) South Australia may store a volume of water as deferred water in a major storage if:
- (a) the Committee member for South Australia has made a request to the Authority, in accordance with the Schedule F Strategy, for a release of a volume of water
- (b) either or both of the upper States notify the Authority of the State’s decision, in accordance with the Schedule F Strategy, to substitute a volume of water
- (4) If subclause (3) applies, the Authority must credit the account for the major storage, and debit the Initial River Murray Increased Flows Account, with the
- PART 3 – DELIVERING DEFERRED WATER
- 13. Deferred water delivered at South Australia’s request
- (1) Subject to subclause (2), except for deferred water that spills from a major storage, the Authority must only deliver deferred water from a major storage to
- (2) Despite subclause (1), the Authority may deliver deferred water from a major storage to South Australia at any time, at the request of the Committee member
- (3) The Authority may only decide not to deliver deferred water in accordance with subclause (1) or (2) if, in the opinion of the Authority, prevailing circumst
- (4) The Authority must give written reasons to the Committee member for South Australia and for each upper State if it decides not to deliver deferred water in
- 14. Power to cancel delivery
- (1) The Committee member for South Australia may cancel a delivery of deferred water under subclause 13 (1), or a request made to the Authority to deliver defer
- (2) If the Authority receives a cancellation under subclause (1) after giving directions to release deferred water, the Authority must either:
- (a) store in a downstream major storage any deferred water released for delivery to South Australia before the Authority directs that the delivery of deferred w
- (b) if, in the Authority’s opinion it is not possible to comply with paragraph (a), debit that deferred water to the relevant account.
- 15. Deferred water not part of South Australia’s entitlement
- Any deferred water delivered for use in South Australia during any period under this Schedule is in addition to, and is not part of, other water delivered to So
- 16. South Australia’s exclusive right to use deferred water
- Unless the Committee member for South Australia and the Committee member for an upper State agree otherwise, and subject to subclause 17 (4), the upper State mu
- 17. Spills and pre-releases
- (1) If:
- (a) water spills from a major storage in which deferred water is stored; or
- (b) water is pre-released from a major storage, in which deferred water is stored, for flood mitigation purposes;
- the water must be taken to be deferred water, until a volume equivalent to the volume of deferred water stored in the major storage immediately before the relev
- (2) In measuring the volume of water spilled or pre-released under subclause (1), deferred water stored for the purpose of meeting private carry-over must be ta
- (3) The Authority must, whenever possible, re-regulate any water taken to be deferred water under subclause (1) in a downstream major storage, for use by South
- (4) If the Authority is unable to re-regulate spilled or pre-released deferred water in accordance with subclause (3), the water must be accounted for as enviro
- (5) If there is deferred water in Dartmouth Reservoir and water is transferred from Dartmouth Reservoir to Hume Reservoir, with the effect of increasing the lik
- (a) the deferred water is taken to be transferred first and becomes deferred water in Hume Reservoir; and
- (b) deferred water for the purpose of meeting private carry-over is taken to be transferred before any deferred water stored for the purposes of meeting critica
- 18. Limitations on channels and storages
- Unless the Committee determines otherwise, either generally or in a particular case, whenever the delivery of water is restricted due to either or both of limit
- (a) of river channels to carry that flow; or
- (b) a major storage to release sufficient water to meet the commitments of any State to supply allocations at any time;
- then delivery of deferred water for the purpose of meeting private carry-over must be given the lowest priority.
- 19. Reallocation of deferred water
- (1) Despite Part 2 and this Part, but subject to subclause (2), the Authority may reallocate volumes of deferred water between major storages and adjust the acc
- (a) facilitate the delivery of deferred water to South Australia; or
- (b) assist in re-regulating any deferred water that may have spilled from a major storage; or
- (c) operate the River Murray System efficiently.
- (2) In reallocating deferred water under subclause (1), the Authority must not:
- (a) reduce the total volume of deferred water then held in all major storages and entered in the accounts; or
- (b) affect either or both of:
- (i) water availability for an upper State; or
- (ii) for deferred water stored for the purpose of meeting private carry-over in South Australia—storage access by an upper State; or
- (c) increase the risk that deferred water might spill from a major storage.
- PART 4 – ACCOUNTING FOR DEFERRED WATER
- 20. Establishing and maintaining accounts
- (1) The Authority must, in accordance with the requirements of this Part, establish and maintain:
- (a) a separate account for deferred water held in each major storage showing the respective volumes stored at any time for the purpose of meeting:
- (i) critical human water needs; and
- (ii) private carry-over; and
- (b) an account showing the total deferred water held at any time; and
- (c) an account that maintains a record of deferred water that is stored, spilled, in transit, debited for evaporation or attributed as transmission losses under
- (2) The Authority must give a copy of each account mentioned in subclause (1) to each Committee member at the same time as the water accounts prepared under Sub
- (3) If the Authority makes a determination under subclause 2 (5) about the occurrence of an effect under paragraph 2 (4) (a) or (b), the Authority must immediat
- (a) notify each Committee member in writing of that effect and of any adjustment to the accounts maintained under this clause that the Authority considers appro
- (b) make any adjustment to the accounts determined by the Committee.
- 21. Accounting for internal spills
- The volume of deferred water in a major storage must not be taken into account when re-allocating water in the major storage under clause 116 of the Agreement.
- 22. Attribution of evaporative losses
- (1) The Authority must calculate and attribute to South Australia any incremental evaporative losses arising from the storage of deferred water in accordance wi
- (2) For subclause (1), the Authority must:
- (a) calculate the volume of the total net evaporative loss from all major storages; and
- (b) estimate the volume of the total net evaporative loss that would have occurred from all major storages if no water had been stored as deferred water; and
- (c) subtract the volume estimated under paragraph (b) from the volume calculated under paragraph (a).
- 23. Accounting for deferred water in Menindee Lakes Storage
- (1) Subclauses (2) and (3) apply whenever New South Wales becomes entitled to use water in Menindee Lakes Storage under subclause 95 (1) of the Agreement.
- (2) New South Wales may use for any purpose deferred water stored by South Australia in the Menindee Lakes Storage for the purpose of private carry-over.
- (3) The Authority must alter the existing volume in the account for deferred water stored for the purpose of private carry-over in the Menindee Lakes Storage to
- (4) As soon as New South Wales is no longer able to use water under subclause 95 (1) of the Agreement, the Authority must credit the account mentioned in subcla
- (5) Whenever New South Wales becomes entitled to use water under subclause 95 (1) of the Agreement, the Authority must:
- (a) attribute any credit for deferred water then stored in the Menindee Lakes Storage for the purpose of meeting critical human water needs to the relevant acco
- (b) reduce the relevant entry in the account for the Menindee Lakes Storage to zero; and
- (c) adjust the accounts maintained for New South Wales under Subdivisions D and E of Division 1 of Part XII of the Agreement accordingly.
- (6) At the conclusion of any period mentioned in subclause 95 (1) of the Agreement South Australia may resume storing deferred water in the Menindee Lakes Stora
- (7) Any volume of deferred water stored in any major storage must be excluded from any calculation of the total volume of water held in that storage for the pur
- 24. Adjustments of accounts between major storages other than Menindee Lakes Storage
- (1) Subclause (2) applies whenever the Authority estimates that, unless the account established under subclause 20 (1) for a major storage other than Dartmouth
- (2) The Authority must, whenever possible:
- (a) credit the account for deferred water stored in a major storage (the upstream storage) upstream of the major storage in subclause (1) (the downstream storag
- (b) reduce the balance of the account for deferred water stored in the downstream storage to the volume by which the total volume of water held in storage excee
- (3) Whenever the Authority estimates that, unless the account established under subclause 20 (1) for Dartmouth Reservoir is adjusted, the volume of deferred wat
- (a) credit the account for deferred water stored in Hume Reservoir with a volume equivalent to the difference between those two volumes; and
- (b) reduce the balance of the account for deferred water stored in Dartmouth Reservoir by the same volume.
- 25. Accounting for transmission losses during regulated flows
- (1) Subclause (2) applies whenever flows from major storages are regulated and wholly contained within river channels.
- (2) The Authority must not reduce the volume of deferred water credited to an account by any amount attributable to transmission losses incurred in:
- (a) delivering deferred water from a major storage to South Australia; or
- (b) transferring deferred water to a downstream major storage.
- 26. Accounting for transmission losses during other periods
- (1) Subclause (2) applies during any period when:
- (a) water spilling from a major storage is taken to be deferred water under clause 17; and
- (b) the flow of water is only partly contained within river channels.
- (2) The Authority must estimate and attribute transmission losses resulting from the flow of water not contained within river channels during the period in acco
- 27. Adjusting accounts for normal river operations
- (1) The Authority may, from time to time, adjust an account as a consequence of normal river operations if, in the opinion of the Authority, it is necessary or
- (2) Without limiting subclause (1), the Authority may adjust an account:
- (a) to incorporate recent hydrographic data; or
- (b) to reflect alterations in the Authority’s assumptions about water losses or diversions.
- (3) The Authority must notify each Committee member in writing whenever it adjusts an account under this clause.
- 28. Reconciling accounts with Agreement requirements
- (1) As soon as practicable after the end of each year, the Committee member for South Australia must inform the Authority and the Committee member for each uppe
- (2) As soon as practicable after the end of each year, and after taking into account any adjustments made under clause 27 in that year, the Authority must:
- (a) examine each account in order to determine:
- (i) the extent to which South Australia was able to store deferred water in accordance with the Plan in the year; and
- (ii) the extent to which South Australia received deliveries of deferred water in accordance with the Plan in the year; and
- (iii) whether, in the year, storing deferred water under this Schedule has had an effect on either or both of:
- (A) water availability for an upper State; and
- (B) for deferred water stored for the purpose of meeting private carry-over in South Australia—storage access by an upper State; and
- (b) report its findings to the Committee.
- (3) Any difference or dispute arising about information given under subclause (1) or findings mentioned in subclause (2) must be resolved by any means specified
- 29. Independent review of operation of Schedule
- (1) Each year the following matters must be examined and the findings reported to the Committee:
- (a) the extent to which South Australia was able to store deferred water in accordance with the Plan in the previous year;
- (b) the extent to which South Australia received deliveries of deferred water in accordance with the Plan in the previous year;
- (c) whether, in that previous year, storing deferred water under this Schedule had an effect on either or both of:
- (i) water availability for an upper State; and
- (ii) for deferred water stored for the purpose of meeting private carry-over in South Australia—storage access by an upper State.
- (2) An examination under subclause (1) must be made by:
- (a) the Independent River Operations Review Group appointed under the Objectives and Outcomes document approved under clause 31 of the Agreement; or
- (b) if that Group has not been appointed—an independent reviewer approved by the Committee and engaged by the Authority.
- PART 5 – AMENDMENT OF SCHEDULE AND RULES
- 30. Committee may request review
- The Committee may, at any time, request the Authority to review this Schedule in accordance with clause 142 of the Agreement.
- 31. Amendment of Schedule
- If the Authority at any time considers that the operation of any provision of this Schedule:
- (a) has had an effect, in the previous year, on either or both of the extent to which South Australia:
- (i) was able to store deferred water; or
- (ii) received deliveries of deferred water; or
- (b) has had, or is likely to have, either or both of an effect on:
- (i) water availability for an upper State; or
- (ii) for deferred water stored for the purpose of meeting private carry-over in South Australia—storage access by an upper State;
- the Authority or the Committee may, after consulting the Committee or the Authority, propose to the Ministerial Council any amendment to this Schedule that the
- PART 6 – APPORTIONMENT OF COSTS
- 32. Costs of administering Schedule
- The costs incurred by the Authority in administering this Schedule are taken to be incurred in the provision of river operations services, for paragraph 72 (2)
- SCHEDULE H Water Sharing during tiers 2 and 3
- PART 1 – PRELIMINARY
- 1. Purposes
- The purposes of this Schedule are:
- (a) to set out the way in which State water entitlements will be determined, delivered and accounted for; and
- (b) to provide for South Australia’s storage rights under subclause 91 (1) of the Agreement;
- during a period when either Tier 2 or Tier 3 distribution of waters applies, in accordance with clause 135 of the Agreement.
- 2. Definitions and Interpretation
- (1) In this Schedule except where inconsistent with the context:
- “account” means an account maintained under Part XII, Division 1, Subdivision D of the Agreement.
- “current critical human water needs” means critical human water needs in the current year.
- “worst-case planning inflow sequence” means a sequence of monthly inflows to the River Murray System calculated by the Authority in accordance with any rule mad
- “year” means the 12 months beginning on 1 June.
- (2) Expressions used in this Schedule and in the Water Act 2007 (Commonwealth) or the Agreement that are not defined in this Schedule have the same meanings as
- Note 1: The following expressions are defined by the relevant sections of the Water Act noted below:
- Note 2: The following expressions are defined in clause 2 of the Agreement:
- (3) Clause 3 of the Agreement applies to this Schedule as if a reference to the Agreement in the clause were a reference to the Schedule.
- 3. Commencement of Schedule
- Unless the Ministerial Council determines otherwise, this Schedule takes effect on the first day of the year after it is approved by the Ministerial Council.
- 4. Application
- (1) Parts 1, 4 and 5 apply from the date on which this Schedule takes effect.
- (2) Part 2 applies when Tier 2 distribution of waters under the Agreement applies.
- (3) Part 3 applies when Tier 3 distribution of waters under the Agreement applies.
- PART 2 – TIER 2 PROVISIONS
- 5. Application of Tier 1 provisions
- (1) The provisions of Tier 1 distribution of waters under the Agreement continue to apply while this Part applies, except to the extent that any of those provis
- (2) The provisions of clause 139 of the Agreement and of Schedule F continue to apply while this Part applies, except to the extent that any of those provisions
- 6. Inability to contribute to Conveyance Reserve
- (1) If, at any time after 1 September in any year, the Authority considers that insufficient water may be distributed to a State in the year for the State to ma
- (a) its estimate of the volume of any shortfall in that State’s contribution; and
- (b) whether it considers that there is sufficient water in the River Murray System to meet the conveyance reserve.
- (2) In considering whether there may or may not be sufficient water under subclause (1), the Authority must have regard to:
- (a) the volume of water then in storage in the River Murray System; and
- (b) the volume of water required to be delivered from the Snowy Scheme to the River Murray System under Schedule F before the end of that year; and
- (c) any relevant rules approved under subclause 135 (15) of the Agreement; and
- (d) the Authority’s estimate of inflows to the River Murray System before the end of that year; and
- (e) any previously proposed remedial action taken, or to be taken by the State under clause 10.
- 7. Advances to meet contributions to Conveyance Reserve
- (1) If the Authority tells the Committee that there is sufficient water available in the River Murray System to meet the conveyance reserve determined under cla
- (2) If the Committee determines that an advance to a State is required under subclause (1), the Authority must:
- (a) increase the water available for distribution to the State by the volume of the advance determined by the Committee; and
- (b) decrease the water available for distribution to the other States by the same volume;
- without increasing the total volume of water available for distribution.
- 8. Insufficient water to meet Conveyance Reserve
- (1) If, at any time after 1 September in any year, the Authority considers that insufficient water may be distributed to States in that year to meet the conveya
- (2) In considering whether there may or may not be sufficient water under subclause (1), the Authority must have regard to the matters mentioned in subclause 6
- (3) On receiving advice from the Authority under subclause (1), the Committee must promptly prepare and adopt a plan of actions to be taken by each State and th
- (a) to ensure that adequate water is available both to meet and to deliver current critical human water needs; and
- (b) to establish a reserve to reduce the risk that there will not be sufficient water to deliver critical human water needs in the following year.
- 9. Insufficient current conveyance water
- (1) If, at any time, the Authority considers that there may be insufficient water set aside to meet requirements for current conveyance water, it must tell the
- (2) In considering whether there may or may not be sufficient water under subclause (1), the Authority must have regard to the matters mentioned in subclause 6
- (3) If the Committee considers that there is insufficient water available to meet current conveyance water requirements, the Committee must make a declaration t
- 10. Taking remedial action
- (1) The Committee must, within 1 month after making a declaration under subclause 9 (3) and after considering any information given by the Authority, tell the A
- (a) the Committee’s proposal for:
- (i) any remedial action required to ensure that current conveyance water will be available; and
- (ii) the respective responsibilities of each Contracting Government and the Authority in implementing the remedial action; and
- (b) when the Committee expects that the water attributable to any remedial action mentioned in subparagraph (a) (i) will be available.
- (2) At the request of the Committee, the Authority may, subject to clause 50 of the Agreement, assist in planning or implementing any remedial action taken unde
- (3) The Committee may, from time to time, adopt policies to be observed by the Committee, the Authority, a Constructing Authority or a Contracting Government in
- (4) In determining what remedial action to propose to ensure that the water mentioned in subparagraph (1) (a) (i) will be available, the Committee:
- (a) may have regard to:
- (i) the Basin Plan; and
- (ii) any policies adopted by the Committee in relation to remedial action; and
- (iii) any information given by the Authority; and
- (b) must consider what additional remedial action may be necessary and available while either Part 2 or Part 3 applies.
- (5) Unless the Committee determines otherwise, any proposal made under subclause (1) must set out:
- (a) how the water attributable to any remedial action mentioned in subparagraph (1) (a) (i) will be made available, including information about how any possible
- (b) either the circumstances in which, or the date by which, the proposed remedial action will cease.
- (6) Before taking a remedial action proposed under subclause (1), the Committee must determine whether, under the Agreement, the action requires the approval of
- (7) If the Committee determines that a proposed remedial action requires approval under the Agreement, the action must not be taken:
- (a) before it has been approved; and
- (b) otherwise than in accordance with any conditions attached to that approval.
- (8) Unless the Committee decides otherwise, any remedial action proposed under subclause (1) must not be taken until the Committee has determined what volume of
- (9) After a declaration under subclause 9 (3) is made, the Committee must report to the Ministerial Council:
- (a) at least once in every 4 months; and
- (b) at each meeting of the Ministerial Council;
- on what remedial action has been taken or is proposed in accordance with this clause, to ensure that the water attributable to a remedial action mentioned in pa
- (10) The Committee must continue to report until the Committee revokes a declaration made under subclause 9 (3).
- (11) When the Committee is satisfied that current conveyance water will be available in the current year, it must:
- (a) revoke the declaration made under subclause 9 (3); and
- (b) report that fact to the next meeting of the Ministerial Council.
- 11. Adjusting accounts relating to stored water
- (1) Subject to subclause (2) and despite any other provision of the Agreement, the Authority may at any time alter the water accounts maintained by the Authorit
- (2) Subclause (1) does not apply to a State if the alteration would alter the total volume of water:
- (a) held in major storages by that State; or
- (b) entered to the credit of that State in the water accounts;
- (3) Whenever the Authority alters a water account in accordance with subclause (1), it must immediately notify each Committee member in writing of the alteratio
- PART 3 – TIER 3 PROVISIONS
- 12. Application of Tier 1 and Tier 2 provisions
- Except as otherwise determined by the Ministerial Council:
- (a) the provisions of Tier 1 distribution of waters under the Agreement and of Part 2 continue to apply while this Part applies, except to the extent that any o
- (b) the provisions of clause 139 of the Agreement and of Schedule F continue to apply while this Part applies, except to the extent that any of those provisions
- 13. Obligations of the Committee
- (1) While this Part applies, the Committee must meet at least once in every 2 months:
- (a) to consider possible actions which might be taken by the Ministerial Council, the Authority, a Constructing Authority or any Contracting Government; and
- (b) to recommend any such actions to the Ministerial Council as it considers appropriate; and
- (c) to monitor and to prepare a report to the Ministerial Council on the implementation of any actions approved by the Ministerial Council; and
- (d) to recommend to the Ministerial Council such amendments to, or additional, actions as it considers appropriate.
- (2) The Authority may make suggestions to the Committee about any matter mentioned in subclause (1).
- (3) The Committee must take into account any suggestions made by the Authority under subclause (2) when discharging its functions under subclause (1).
- (4) Without limiting subclause (1) or (2), in discharging their functions under those subclauses, the Committee and the Authority must have regard to any releva
- 14. Obligations of the Ministerial Council
- While this Part applies, the Ministerial Council must meet at least once in every 4 months:
- (a) to consider any recommendations or reports made by the Committee; and
- (b) to take such consequential action as it considers appropriate in the circumstances.
- PART 4 – ACCOUNTING FOR WATER UNDER THIS SCHEDULE
- 15. Establishing and maintaining accounts
- (1) Whenever Part 2 or Part 3 applies, the Authority must establish and maintain separate accounts for each State relating to:
- (a) the storage and use of water for the purpose of meeting current critical human water needs; and
- (b) water set aside for current conveyance water; and
- (c) the storage and use of water for the purpose of meeting private carry-over; and
- (d) water set aside for the conveyance reserve.
- (2) The Authority must apply any relevant rules adopted under subclause 135 (14) of the Agreement when maintaining accounts under subclause (1).
- (3) The Authority must give to each Committee member a copy of each account mentioned in subclause (1) at the same time as the water accounts kept under Subdivi
- 16. Reporting
- (1) Whenever Part 2 or Part 3 applies, within 14 days after the end of each month each State must give the Authority a written report setting out any alteration
- (2) If the Authority considers it necessary or appropriate to verify the contents of any report given under subclause (1), the Authority may appoint an independ
- (3) If an independent auditor advises the Authority that a report was inaccurate in any way, the Authority must seek to resolve the matter in consultation with
- (4) If the Authority is unable to resolve the matter under subclause (3) within 14 days after raising it with the relevant State, the Authority may refer the ma
- (5) After considering any matter referred to it under subclause (4), the Committee may determine what, if any, adjustment is required to the accounts mentioned
- PART 5 – REVIEW OF SCHEDULE
- 17. Review of Schedule
- The Committee may, from time to time, recommend to the Ministerial Council that the Ministerial Council review this Schedule in accordance with subclause 135 (1
- Schedule 1A · The Murray-Darling Basin
- Schedule 2 · Basin water charging objectives and principles
- Schedule 3 · Basin water market and trading objectives and principles
- Schedule 3A · Risk assignment framework
- Schedule 4 · Transitional water resource plans
- Schedule 10 · Transitional provisions relating to amendments
- Note: See section 255C.
- Part 1 Transitional provisions relating to the Water Amendment Act 2018
- Part 2 Transitional provisions relating to the Water Legislation Amendment (Inspector-General of Water Compliance and Other Measures) Act 2021
- Part 3 Application provision relating to the Water Amendment (Restoring Our Rivers) Act 2023
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.