Document ID: chunk:federal_register_of_legislation:C2024C00557:schedule:1:p139
Version: federal_register_of_legislation:C2024C00557
Segment Type: schedule
Provision Reference: sch 1 (pt 139/154)
Character Range: 1008189–1010869

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 it 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 Authority, prevailing circumstances for river operations make it impractical to implement the Plan.
       (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 to the Authority and each upper State a draft Plan mentions in paragraph (5) (b) or (c), with or without amendments; or
(b) propose to the Authority in writing a departure from arrangements from time to time mentioned in a 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), (3), (4), (5), (6), (7) and (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 were a reference to a draft Plan, Plan or departure mentioned in subclause (9).
       (12) A draft Plan approved by the Authority under paragraph 7 (5) (a) takes effect as the Plan.
       (13) If a departure from a Plan is approved by the Authority under subclause 7 (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 a Plan under clause 7, the Committee member for South Australia or the Authority may refer the matter to the Committee.
       (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 Authority under subclause 33 (5)