Document ID: chunk:federal_register_of_legislation:C2024C00557:schedule:1:p46
Version: federal_register_of_legislation:C2024C00557
Segment Type: schedule
Provision Reference: sch 1 (pt 46/154)
Character Range: 755759–758535

in any month shall not be reduced if it has received a greater quantity than it was entitled to receive under clause 88 or 90 in any previous month.

    94. Entitlements of New South Wales and Victoria
       (1) Except as otherwise expressly provided in Subdivision D of this Division and subject to South Australia's entitlement under clause 88 or 90, New South Wales and Victoria are each entitled to use:
(a) all the water in tributaries of the upper River Murray downstream of Doctors Point within its territory, before it reaches the River Murray;
(b) half the natural flow at Doctors Point;
(c) half the water entering the Menindee Lakes from the Darling River, subject to the prior entitlement of New South Wales to use water from the Menindee Lakes Storage as provided in clause 95;
(d) subject to paragraph (1)(c), an amount of water from the upper River Murray equivalent to any water contributed by any tributary or any outfall approved by the Ministerial Council entering the upper River Murray from its territory downstream of Doctors Point; and
(e) half the volume of water calculated in accordance with clause 8 of Schedule F.
       (2) Entitlements under sub‑clause (1) shall not be affected by the declaration of a period of special accounting except as specifically provided in Subdivision E of this Division.

    95. New South Wales' Entitlement to Water from Menindee Lakes
       (1) Whenever water in the Menindee Lakes Storage falls below 480 000 megalitres, New South Wales may use the stored water as it requires until the volume next exceeds 640 000 megalitres.
       (2) Whenever sub‑clause (1) does not apply, New South Wales may:
(a) divert from ‑
              (i) the Menindee Lakes Storage; or
              (ii) the Darling River below the Menindee Lakes Storage; or
              (iii) the River Murray, below its junction with the Darling River; or
(b) release from the Cawndilla outlet regulator,
        a total of up to 100,000 megalitres in any 12 month period commencing on 1 April.
       (3) Whenever the Ministerial Council determines that:
(a) releases from the Menindee Lakes Storage exceed the water required for storage in Lake Victoria and to supply South Australia's entitlement; or
(b) water in the Menindee Lakes Storage exceeds 1 680 000 megalitres and the amount of the excess plus the estimated water currently in the River Murray and Darling River below the Menindee Lakes Storage is sufficient to supply South Australia's entitlement and to fill Lake Victoria,
        any of that water used by New South Wales or released to provide for the retention of floodwaters shall not be deemed to be part of its entitlement under sub‑clause (2).

    96. New South Wales' and Victoria's Supply to South Australia
New South