Document ID: chunk:federal_register_of_legislation:F2024C00760:front:0:p40
Version: federal_register_of_legislation:F2024C00760
Segment Type: other
Provision Reference: 
Character Range: 108847–111630

of take for consumptive use from the SDL resource unit (annual actual take).
Note: See section 10.15.

6.12C Step 2—Determine whether there is non‑compliance
Note: See paragraphs 71(1)(g) and (h) of the Act.

Water accounting periods up to 2028
(1) There is non‑compliance with a long‑term annual diversion limit for the groundwater SDL resource unit in a water accounting period ending on or before 30 June 2028, if:
            (a) the sum of annual actual take in the water accounting periods since 1 July 2019 is greater than the sum of annual permitted take for those water accounting periods plus 20% of the long‑term annual diversion limit for the SDL resource unit, after adjusting, for any previous water accounting period in which the circumstances mentioned in the example in paragraph (4)(b) applied, by the amount attributable to those circumstances; and
            (b) the Basin State does not have a reasonable excuse for the excess.
Note: The effect of the subsection above is the same as the effect of section 6.12 which applies in relation to surface water SDL resource units.

Water accounting periods after 2028
(2) There is non‑compliance with a long‑term annual diversion limit for the groundwater SDL resource unit in a water accounting period ending after 30 June 2028, if:
             (a) the average annual actual take over the 10 year period ending with that water accounting period is greater than the average annual permitted take over the 10 year period, after adjusting, for any previous water accounting period in which the circumstances mentioned in the example in paragraph (4)(b) applied, by the amount attributable to those circumstances; and
             (b) the Basin State does not have a reasonable excuse for the excess.
(3) A Basin State may not rely on a claim that there is a reasonable excuse for an excess unless:
            (a) it has provided a report to the Authority and to the Inspector‑General setting out the reasons for the excess, with evidence for the claim; and
            (b) the Inspector‑General is satisfied that the Basin State has a reasonable excuse as claimed.
Note 1: If the Inspector‑General is not satisfied that there is a reasonable excuse, there will be non‑compliance on the part of the Basin State requiring an action plan under subsection 71(1A) of the Act.
Note 2: It is open to the Inspector‑General to consult with the Authority and other bodies as appropriate.
(4) A Basin State is taken to have a reasonable excuse for an excess if the excess arises as the result of:
            (a) the operation of the water resource plan for the SDL resource unit; or
            (b) circumstances beyond the Basin State's control (for example where, for reasons beyond the Basin State's control, the Commonwealth