Document ID: chunk:federal_register_of_legislation:F2024C00760:front:0:p20
Version: federal_register_of_legislation:F2024C00760
Segment Type: other
Provision Reference: 
Character Range: 54831–57544

A requirement to 'have regard to' a particular matter or matters does not mean that the decision‑maker cannot have regard to other relevant matters, for example, the benefits and costs of taking a particular action. See section 1.07 of the explanatory statement in relation to the Basin Plan for further information about the phrases 'have regard to', 'having regard to' and 'regard must be had'.

1.08 Basin Plan not to be inconsistent with Snowy Water Licence
A provision of the Basin Plan has no effect to the extent to which the provision is inconsistent with the provisions of the licence issued under section 22 of the Snowy Hydro Corporatisation Act 1997 of New South Wales.
Note: The Basin Plan applies to all Basin waters, including the Upper Murrumbidgee River, except to the extent that the Basin Plan is inconsistent with the licence mentioned in this section.

1.09 Construction of provisions imposing obligations on States
If:
            (a) the Basin Plan purports to impose an obligation on a Basin State to do a particular thing; and
            (b) the imposition of that obligation would contravene a constitutional doctrine restricting the obligations that the Commonwealth may impose on a State;
the Basin Plan is taken, instead of imposing the obligation, to confer a discretion on the Basin State to do the thing.

1.10 Reasonable excuse for not producing or providing information etc
If the Basin Plan requires a person or body to produce or provide information, a notice or a document, the person or body need not comply with the requirement if the person or body has a reasonable excuse for non‑compliance.

1.11 Avoidance of double counting of forms of take
For the purposes of the Basin Plan, in ascribing a particular quantity of water that is taken to a form of take, the quantity of water must be ascribed to one, and only one, form of take.
Note: It will often be possible to ascribe a quantity of water that is taken under basic rights either to take under basic rights, or to another form of take. In such a case, this section does not stipulate to which form of take the quantity of water should be ascribed. However, some other provisions of the Basin Plan do stipulate this. See for example Schedule 3.

        Part 4—Agreements with regard to jurisdictional implementation obligations

1.12 Agreements with regard to jurisdictional implementation obligations
(1) The Authority may enter into an agreement with a Basin State with respect to any implementation obligation the Basin Plan purports to impose onto that Basin State.
(2) The Authority must consult the Commonwealth and other Basin States in relation to such an agreement.
(3) The Authority and a Basin State must