Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p110
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 110/128)
Character Range: 374282–377190

of the relevant long‑term diversion cap determined under this Schedule for either:

(i) the period between the start of the 1891 water year and the end of the 1997 water year; or
(ii) such other period as may be approved by the Authority.

       (5) The Authority may only approve an analytical model or a modification to an analytical model if the Authority considers that the model, when approved or modified, will fairly determine the relevant annual diversion target given the climatic conditions experienced in any year.

    12. Calculation of annual diversion targets

       (1) Within two months after the end of the relevant water year and using the analytical models developed and approved under clause 11:

(a) the Authority must calculate the annual diversion targets for New South Wales and Victoria for that year for the upper River Murray; and

(b) subject to paragraph (a), the Governments of New South Wales, Victoria, South Australia, Queensland and the Australian Capital Territory must, for each designated river valley within the territory of that State, calculate the annual diversion target for that year.

       (2) The Authority must promptly inform the Governments of New South Wales and Victoria of the results of every calculation made under paragraph 12(1)(a) with respect to the upper River Murray.

       (3) The Government of New South Wales, Victoria, South Australia, Queensland and the Australian Capital Territory, respectively, must each promptly inform the Authority of the results of every calculation made by it under paragraph 12(1)(b).

    13. Monitoring and Reporting

       (1) Each State Contracting Government must, for each water year and in relation to each river valley specified in Appendix 2 within its territory, monitor and report to the Authority upon:

(a) diversions made within and to; and

(b) water entitlements, announced allocations of water and declarations which permit the use of unregulated flows of water within; and

(c) trading of water entitlements within, to or from,

        the territory of that State in that water year.

       (2) Each State Contracting Government must, for each water year and in relation to each designated river valley within its territory, monitor and report to the Authority upon:

(a) the compliance by that State with each relevant annual diversion target calculated under this Schedule for that water year; and

(b) such actions which the State proposes to take to ensure that it does not exceed the annual diversion targets calculated under this Schedule for every ensuing water year.

       (3) For the purpose of sub‑clauses 13(1) and (2) the expression "river valley within its territory" in relation to Victoria, includes that portion of the upper River Murray forming the border between Victoria and New South Wales.

       (4) A report under sub‑clause 13(1) or (2) must be