Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p58
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 58/128)
Character Range: 231885–234531

must:

(a) set out the way in which State water entitlements will be determined, delivered and accounted for; and

(b) provide for South Australia's storage right under sub‑clause 91(1),

        during a period in which either Division 2 or Division 3 of this Part applies.

       (7) Without limiting other provisions of this clause, the Schedule made for the purposes of this clause may provide that:

(a) any provision of —

(i) Division 1 of this Part; or
(ii) Part XIV or Schedule F of this Agreement,

does not apply, or applies to a specified extent or in specified circumstances; or

(b) any provision referred to in paragraph (a) may be determined by the Ministerial Council to apply, or to apply to a specified extent or in specified circumstances; or

(c) the Ministerial Council:

(i) must exercise a discretion provided in Division 1 of this Part in a specified way or at a specified time; or
(ii) may make a determination about any matter the subject of a provision of Division 1 of this Part or Part XIV or Schedule F of this Agreement that is additional to, substituted for or contrary to any such provision.

       (8) The Schedule made for the purpose of this clause must be prepared on the basis of the fact that the Contracting Governments have agreed:

(a) that critical human water needs are the highest priority water use for communities who are dependent on Basin water resources;

(b) in particular that, to give effect to this priority in the upper River Murray, the upper River Murray storages and the River Murray in South Australia (the system), water (conveyance water) in the system required to deliver water to meet critical human water needs will receive first priority from the water available in the system;

(c) that each State Contracting Government will be responsible for meeting critical human water needs in its State, and will decide how water from its entitlement is used.

       (9) After the Basin Plan takes effect, the Schedule made for the purposes of this clause, and any amendment to it, must be prepared having 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.

       (10) If the Schedule required by this clause has not been made at the time the Basin Plan first takes effect, then those provisions of the Basin Plan required by Part 2A of the Water Act are taken to be the Schedule for the purposes of this Division until the Schedule is made by the Ministerial Council in accordance with this clause.

       (11) The Ministerial Council must review the Schedule made for the purposes of