Document ID: chunk:federal_register_of_legislation:C2024C00557:schedule:1:p141
Version: federal_register_of_legislation:C2024C00557
Segment Type: schedule
Provision Reference: sch 1 (pt 141/154)
Character Range: 1013140–1015906

and (6), the Authority may transfer deferred water from an upstream major storage to a downstream major storage at any time, at the request of the Committee member for South Australia.
       (3) Despite subclause (1) but subject to subclauses (5) and (6), the Authority must, with the prior written consent of the Committee member for South Australia, transfer deferred water from an upstream major storage to a downstream major storage at any time when, in the Authority's opinion, a transfer of deferred water is required for the purpose of delivering water for the remainder of the year.
       (4) If the Committee member for South Australia fails to consent to a transfer proposed under subclause (3), the Authority must reduce the delivery of deferred water in accordance with the Plan or approved departure from a Plan for the remainder of the year, by the amount of the proposed transfer.
       (5) The Authority must not transfer deferred water under subclause (1), (2) or (3) if, in the opinion of the Authority, transferring the deferred water would have an effect on either or both of:
(a) water availability for an upper State; and
(b) for deferred water stored for the purpose of meeting private carry‑over in South Australia—storage access by an upper State.
       (6) The Authority may decide not to transfer deferred water in accordance with subclause (1), (2) or (3) if, in the opinion of the Authority, prevailing circumstances for river operations make it impractical to do so.
       (7) The Authority must give  written reasons to the Committee member for South Australia and for each upper State if it decides not to transfer deferred water in accordance with subclause (1) or (2), under subclause (6).
       (8) Subject to subclause (9), the Authority must debit the account for the major storage with any deferred water transferred under this clause.
       (9) The Authority must credit the account for a downstream major storage with any deferred water transferred to the major storage under this clause when, in the Authority's opinion, the deferred water has reached the downstream major storage.

    12. Substituting deferred water upstream
       (1) Unless the Plan, or an approved departure from the Plan, provides otherwise, whenever:
(a) the volume of deferred water held in a downstream storage exceeds the volume of deferred water to be delivered under the Plan, or an approved departure from the Plan, during the remainder of the year; and
(b) the Authority, for the purpose of normal river operations, is required to transfer a volume of water from an upstream storage to a downstream storage; and
(c) in the Authority's view, it would be practicable to use a volume of water held in the downstream storage for the purpose