Document ID: chunk:federal_register_of_legislation:C2012A00157:clause:1_23a:p1
Version: federal_register_of_legislation:C2012A00157
Segment Type: clause
Provision Reference: sch 1 cl 23A (pt 1/2)
Character Range: 4177–7035

23A  Proposing adjustments of long‑term average sustainable diversion limits
 (1) The Basin Plan may provide for the Authority to propose:
 (a) an adjustment of the long‑term average sustainable diversion limit for the water resources of a particular water resource plan area (or a particular part of those water resources) by an amount determined by the Authority (subject to subsection (4)); and
 (b) as a result of one or more adjustments under paragraph (a) of this subsection, an adjustment of the long‑term average sustainable diversion limit for the Basin water resources by an amount determined by the Authority.
 (2) If the Basin Plan includes provisions as described in subsection (1), the Plan must also include:
 (a) criteria for determining whether the Authority should propose an adjustment, and the amount of an adjustment, referred to in paragraph (1)(a) or (b); and
 (b) a requirement for the Authority to determine whether it is satisfied that the criteria referred to in paragraph (a) of this subsection have been met; and
 (c) a requirement for the Authority not to propose an adjustment under paragraph (1)(a) or (b) without seeking and considering advice from the Basin Officials Committee; and
 (d) a requirement for the Authority not to propose an adjustment under paragraph (1)(a) or (b) without:
 (i) inviting members of the public to make submissions to the Authority on the proposed adjustment; and
 (ii) providing a reasonable amount of time for those submissions to be made and considered by the Authority.
 (3) To avoid doubt:
 (a) the Authority may propose an adjustment under paragraph (1)(a) or (b) without preparing an amendment of the Basin Plan under Subdivision F; and
 (b) a long‑term average sustainable diversion limit that is produced after the adjustment proposed by the Authority under paragraph (1)(a) or (b) has been taken into account must reflect an environmentally sustainable level of take.
Note: A proposed adjustment may be adopted by the Minister as an amendment of the Basin Plan under subsection 23B(6).

Limit on proposed adjustments
 (4) One or more adjustments may be proposed by the Authority under paragraph (1)(a), and an adjustment may be proposed under paragraph (1)(b) as a result of those adjustments, only if the total Basin adjustment percentage is no more than 5%.

Definitions
 (5) In this Act:
Basin reference limit means the long‑term average sustainable diversion limit for the Basin water resources that applies at the reference time.
proposed Basin limit means the long‑term average sustainable diversion limit for the Basin water resources:
 (a) that is produced after the adjustment proposed by the Authority under paragraph (1)(b) has been taken into account; and
 (b) that replaces the previous long‑term average sustainable diversion limit for the Basin water resources.
proposed