Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p90
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 90/128)
Character Range: 321363–324262

register referred to in clause 16;

"valley" means a river valley defined in a protocol made under paragraph 6(1)(b);

"valley account" has the meaning set out in sub‑clause 11(3);

"year" means the 12 months beginning on 1 July;

(b) a reference to a clause, sub‑clause, paragraph or Appendix is a reference to a clause, sub‑clause, paragraph or Appendix of this Schedule;

(c) a reference to the cap on diversions for a designated river valley is to the long‑term diversion cap for that designated river valley, fixed in accordance with Schedule E;

(d) a reference to "exchange rate trade" is to an arrangement under which an entitlement in a State of origin is cancelled, extinguished or suspended and an equivalent entitlement is created in a State of destination, either permanently or for a fixed term;

(e) a reference to "tagged trade" is to an arrangement under which every allocation made under an entitlement in a State of origin is made available for use in a State of destination, either permanently or for a fixed term.

       (2) For the purposes of this Schedule, the Ministerial Council may determine the geographic extent and limits of the Barmah Choke.

PART II — GENERAL PRINCIPLES

    4. Power to alter entitlements and allocations to which Schedule applies

On the recommendation of the Authority, the Ministerial Council may, from time to time, alter the entitlements and allocations to which this Schedule applies, by amending Appendix 1.

    5. Suspension of Schedule

       (1) Subject to sub‑clause 19(10), a State Contracting Government may, from time to time, after consulting the Ministerial Council, suspend or limit the operation of this Schedule in that State, if the State Contracting Government considers that:

(a) the use or management of water comprised in entitlements or allocations transferred under this Schedule have increased or accelerated environmental degradation; or

(b) any other State has made inadequate progress towards pricing water to recover full costs, in accordance with principles adopted by the Council of Australian Governments; or

(c) the policies or practices applying within any other State do not achieve the objectives of the National Water Initiative relating to reducing barriers to trading entitlements and allocations and ensuring competitive neutrality in the market for such entitlements and allocations.

       (2) The Ministerial Council may, from time to time, having regard to the National Water Initiative, by resolution, suspend or limit the operation of this Schedule in relation to a State or States.

    6. Power to make protocols

       (1) The Authority may, in consultation with the Committee, from time to time make protocols:

(a) to implement the provisions for adjusting the cap on diversions set out in Appendix 3;

(b) about calculating salinity debits and credits for the purposes