Document ID: chunk:federal_register_of_legislation:F2010L02466:front:0:p1
Version: federal_register_of_legislation:F2010L02466
Segment Type: other
Provision Reference: 
Character Range: 2–2913

Murray-Darling Basin Agreement (Schedule D — Permissible Transfers between Trading Zones) Protocol 20101

The MURRAY-DARLING BASIN AUTHORITY, in consultation with the Basin Officials Committee and having considered the advice, if any, given by each person nominated by a Contracting Government under subclause 6 (3) of Schedule D to the Murray-Darling Basin Agreement, makes the following Protocol under clause 6 of Schedule D to that Agreement and section 18E of the Water Act 2007.

  I, ROB FREEMAN, Chief Executive of the MURRAY-DARLING BASIN AUTHORITY, authenticate that the Authority validly made the following Protocol on 30 August 2010.

ROB FREEMAN

Chief Executive

7 September 2010

Contents

 1 Name of Protocol
 2 Commencement
 3 Revocation
 4 Application
 5 Definitions
 6 Restriction on transfers
 7 Transfers across the Choke
 8 Accounting for allocation transfers across the Choke
 9 Exceptional circumstances for allocation transfers across the Choke
 10 Co-operation between approval authority and the Authority
 11 Transfers into and out of the Lower Darling

1 Name of Protocol

  This Protocol is the Murray-Darling Basin Agreement (Schedule D — Permissible Transfers between Trading Zones) Protocol 2010.

Note   This Protocol deals with matters referred to in paragraph 6 (1) (e) of Schedule D to the Agreement.

2 Commencement

  This Protocol commences on the day after it is registered.

3 Revocation

  All previous protocols made under paragraph 6 (1) (e) of Schedule D to the Agreement are revoked.

4 Application

  This Protocol applies to transfers between States and between valleys by:
 (a) allocation transfer; or
 (b) exchange rate trade; or
 (c) tagged trade.

5 Definitions

  In this Protocol:
Act means the Water Act 2007.
allocation account means an allocation account under paragraph 8 (2) (b).
approval authority, in relation to a transfer, means the relevant licensing authority or water authority.
back trade means a transfer from one trading zone to another trading zone, being a transfer that is no greater in volume than the net volume of preceding transfers between the same trading zones in the opposite direction and the volume available in the relevant valley account.
Choke means the Barmah Choke.
entitlement record means an entitlement record under paragraph 8 (2) (a).
Snowy Water Enquiry Deed means the Snowy Water Enquiry Outcome Implementations Deed made between the Governments of the Commonwealth, New South Wales and Victoria on 3 June 2002.
trading zone means an area described in column 1 of Table 1 in section 6.

Note    Several other words and expressions used in this Protocol have the meaning given by the Act (including the Agreement), for example:
 Authority
 Committee
 exchange rate trade
 tagged trade.

6 Restriction on transfers

 (1) A person diverting or using water within a trading zone described in column 1