Document ID: chunk:federal_register_of_legislation:C2024C00557:section:83:p2
Version: federal_register_of_legislation:C2024C00557
Segment Type: section
Provision Reference: s 83 (pt 2/3)
Character Range: 277716–280405

legislative instrument.
Note: The Authority is not subject to the Minister's direction in relation to a determination under paragraph (b) (see paragraph 175(2)(a)).
 (3) The Commonwealth's share of the change in reliability of the entitlement holder's water allocations is to be worked out for the purposes of paragraph (2)(b) in accordance with:
 (a) the provisions of the National Water Initiative; and
 (b) any regulations made for the purposes of this paragraph.
Regulations made for the purposes of paragraph (b) must not be inconsistent with the National Water Initiative.
 (4) In applying paragraph (1)(f), regard is to be had to:
 (a) any steps taken by the Commonwealth to ensure that holders of water access entitlements do not suffer a change in the reliability of their water allocations as a result of the relevant Plan change; and
 (b) the effect of those steps on the reliability of the water allocations made to the holders of water access entitlements; and
 (c) the effect of the other provisions of the Basin Plan.

Minister to decide claim
 (5) If the entitlement holder makes a claim for a payment under this section in relation to the relevant Plan change, the Minister must:
 (a) if the Minister is satisfied that the entitlement holder qualifies for a payment under this section in relation to the relevant Plan change:
 (i) determine that a payment under this section is to be made to the entitlement holder in relation to the relevant Plan change; and
 (ii) determine the amount of the payment under this section to be made to the entitlement holder; and
 (b) if the Minister is not satisfied that the entitlement holder qualifies for a payment under this section in relation to the relevant Plan change—determine that a payment under this section is not to be made to the entitlement holder in relation to the relevant Plan change.

Amount of payment under this section
 (6) The amount of the payment under this section is worked out as follows:
 (a) first work out the amount of the reduction in the market value of the entitlement holder's water access entitlement that occurred because of the change in the reliability of the entitlement holder's water allocations;
 (b) then work out how much of that reduction in market value is reasonably attributable to the Commonwealth's share of the relevant Plan change.
 (7) In applying paragraph (6)(b), regard is to be had to:
 (a) any steps taken by the Commonwealth to ensure that holders of water access entitlements do not suffer a change in the reliability of their water allocations as a result of the relevant Plan change; and
 (b) the effect of those steps on the reliability of the water allocations made to