Document ID: chunk:federal_register_of_legislation:C2024C00557:schedule:1:p52
Version: federal_register_of_legislation:C2024C00557
Segment Type: schedule
Provision Reference: sch 1 (pt 52/154)
Character Range: 770939–773575

clause 107, is allocated to the State from which the water enters the upper River Murray.
       (2) The volume of water calculated in accordance with sub‑clause 11(1) of Schedule F is allocated to New South Wales.
       (3) The volume of water calculated in accordance with sub‑clause 11(2) of Schedule F is allocated to Victoria.

    109. Use by New South Wales and Victoria of Allocated Water
New South Wales and Victoria are respectively deemed to use the quantity of water:
(a) diverted from the upper River Murray by an offtake under the jurisdiction of that State, unless the Ministerial Council determines otherwise; and
(b) calculated under sub‑clause 12(1) of Schedule F, in the case of New South Wales; and
(c) calculated under sub‑clause 12(2) of Schedule F, in the case of Victoria.

    110. Losses
       (1) Subject to subclause (1A), any water that is lost by evaporation or other means from the upper River Murray is taken to have been used by New South Wales or Victoria.
       (1A) Any loss by evaporation, or by other means, of deferred water held in a major storage is taken to have been used by South Australia.
       (2) For subclause (1), unless otherwise determined by the Ministerial Council:
(a) losses attributable to evaporation from a major storage will be deemed to have been used in proportion to the quantities of water allocated to New South Wales or Victoria in that storage;
(b) losses attributable to an unregulated flow in any part of the upper River Murray will be deemed to have been used in proportion to the flow allocated to New South Wales or Victoria in that part of the river;
(c) all other losses will be deemed to have been used half each by New South Wales and Victoria.
       (3) For the purposes of this clause an "unregulated flow" means a flow which has not been planned by the Authority.

    111 New South Wales' and Victoria's Supply to South Australia
       (1) For the purposes of this Subdivision:
(a) any water supplied in any month to South Australia which it is entitled to receive in that month under clause 88 or 90 is taken to be provided by New South Wales and Victoria in equal proportions; and
(b) any water stored by South Australia under clause 91 of the Agreement is taken to be provided by New South Wales and Victoria in equal proportions, at the time when that water is stored in accordance with Schedule G.
       (2) The Authority must make appropriate adjustments to the allocation of water to New South Wales and Victoria in the upper River Murray so as to give effect to those States' obligations under clause 96.

    112. Commencement of Continuous