Document ID: chunk:federal_register_of_legislation:F2010L02474:body:0:p1
Version: federal_register_of_legislation:F2010L02474
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Murray-Darling Basin Agreement (Schedule D — Processing Interstate Exchange Rate Transfers) Protocol 20101

The MURRAY-DARLING BASIN AUTHORITY, in consultation with the Basin Officials Committee and having considered the advice, if any, given by each person nominated by a Contracting Government under subclause 6 (3) of Schedule D to the Murray-Darling Basin Agreement, makes the following Protocol under clause 6 of Schedule D to that Agreement and section 18E of the Water Act 2007.

  I, ROB FREEMAN, Chief Executive of the MURRAY-DARLING BASIN AUTHORITY, authenticate that the Authority validly made the following Protocol on 30 August 2010.

ROB FREEMAN

Chief Executive

7 September 2010

Contents

 1 Name of Protocol
 2 Commencement
 3 Revocation
 4 Application
 5 Definitions
 6 Notices
 7 Processes and principles
 8 Review of Protocol

Schedule 1 Processes and principles

1 Name of Protocol

  This Protocol is the Murray-Darling Basin Agreement (Schedule D — Processing Interstate Exchange Rate Transfers) Protocol 2010.

Note   This Protocol deals with matters referred to in paragraph 6 (1) (f) of Schedule D to the Agreement.

2 Commencement

  This Protocol commences on the day after it is registered.

3 Revocation

 (1) All previous protocols made under paragraph 6 (1) (f) of Schedule D to the Agreement before 1 December 2009 that apply only to transfers of a kind mentioned in section 4 are revoked.

 (2) A protocol made under paragraph 6 (1) (f) of Schedule D to the Agreement before the commencement of this Protocol that deals with:
 (a) transfers of a kind mentioned in section 4; and
 (b) other transfers;
has no application to the extent that it deals with transfers of a kind mentioned in section 4.

4 Application

  This Protocol applies to interstate transfers of entitlements by exchange rate trade.

5 Definitions

  In this Protocol:
Act means the Water Act 2007.
month means any of the months of the year.
transferee's authority means the licensing authority in a State of destination in respect of a transfer.
transferor's authority means the licensing authority in a State of origin in respect of a transfer.

Note    Several other words and expressions used in this Protocol have the meaning given by the Act (including the Agreement), for example:
 Authority
 exchange rate
 licensing authority
 State
 State Contracting Government
 Transfer Register
 year.

6 Notices

 (1) A notice under this Protocol must be given in writing.

Note   Written notices may be given electronically: see section 9 of the Electronic Transactions Act 1999.

 (2) The Authority must, in consultation with each State Contracting Government and, where appropriate, any relevant licensing authority, determine the form and content of a notice required to be given to or by the Authority under this Protocol.

7 Processes