Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p95
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 95/128)
Character Range: 334634–337559

to time adopted by the Ministerial Council; and

(c) must not hinder the ability of the Authority to regulate and manage the flow of water within the upper River Murray and the River Murray in South Australia, in accordance with the Agreement; and

(d) must not purport to affect or interfere with State responsibilities for managing water resources, except as provided for in the Agreement.

       (3) Until the Ministerial Council resolves otherwise an entitlement must not be transferred into or out of the Lower Darling Valley.

       (4) A State Contracting Government may, consistently with the law of that State, from time to time prohibit, restrict or regulate the transfer of any type of entitlement or allocation in a way which is consistent with any principles relating to markets in, and trading of, water entitlements, from time to time adopted by the Ministerial Council.

       (5) Each State Contracting Government must, consistently with the law of that State, take such action within the State as may be necessary to ensure that any prohibition, restriction or regulation made or imposed by the Authority or the State Contracting Government is complied with and observed by each authority and other person in that State.

    14. Environmental and supply considerations

       (1) The Authority must maintain a record of the environmental assessment criteria and processes from time to time applied by each Contracting Government in respect of applications to transfer entitlements or allocations.

       (2) Each Contracting Government must:

(a) notify the Authority of any change to the environmental assessment criteria and processes contained in the record referred to in sub‑clause 14(1) with respect to that Government, as soon as practicable after that change is made; and

(b) propose any consequential alterations to the record referred to in sub‑clause 14(1) which it considers necessary or desirable.

       (3) Each Contracting Government must, by 31 July in every year, give the Authority a report setting out all changes referred to in paragraph 14(2)(a) with respect to that Government, made in the previous year.

       (4) The Authority may, from time to time, amend the record referred to in sub‑clause 14(1) in any way it considers necessary or desirable, in order to reflect the relevant environmental assessment criteria and processes of a Contracting Government.

       (5) Each State Contracting Government must ensure that any licensing authority within the State:

(a) takes into account any policies from time to time adopted by the Ministerial Council about:

(i) managing environmental flows; and
(ii) managing the delivery of State entitlements, in the light of limits to the capacity of the River Murray system; and
(iii) any other matters relevant to the purposes of this Schedule, when considering whether or not to approve any application to transfer