Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p47
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 47/128)
Character Range: 204012–206783

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);

(c) having regard to its determinations under paragraphs 102(a) and 102(b) determine the water available ‑

(i) for distribution to New South Wales, Victoria and South Australia before the end of the following May; and
(ii) for holding in reserve at the end of the following May.

    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 of the following May.

       (2) Unless the Ministerial Council determines otherwise, the minimum reserve shall 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

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 those requirements.

    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 Government, on such terms as may be agreed between the Authority and that State Contracting Government.

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