Document ID: chunk:federal_register_of_legislation:F2024C00760:front:0:p38
Version: federal_register_of_legislation:F2024C00760
Segment Type: other
Provision Reference: 
Character Range: 103868–106601

less than the annual permitted take, the difference must be recorded on the register of take as a credit.
(3) If there is no difference between the annual actual take and the annual permitted take, a zero must be recorded on the register of take in both the debit column and the credit column.
(4) As a result of the record made under subsections (1) to (3):
            (a) determine the new cumulative balance of the difference between annual permitted take and annual actual take for the SDL resource unit; and
            (b) record this balance on the register of take as either a cumulative debit, cumulative credit, or a zero.
(5) If, in the previous water accounting period, the circumstances mentioned in the example in paragraph 6.12(4)(b) applied, the cumulative balance for the SDL resource unit is to be adjusted by crediting to that balance the amount attributable to those circumstances.

6.12 Step 3—Determine whether there is non‑compliance
Note: See paragraphs 71(1)(g) and (h) of the Act.
(1) There is non‑compliance with a long‑term annual diversion limit for  a surface water SDL resource unit in a water accounting period if:
            (a) the cumulative balance for the SDL resource unit, adjusted to account for any disposal or acquisition of held environmental water, is a debit amount equal to or greater than 20% of the long‑term annual diversion limit for the SDL resource unit; and
            (b) the Basin State does not have a reasonable excuse for the excess.
(2) For subsection (1):
            (a) the Victorian Murray, Kiewa and Ovens SDL resource units may be treated as a single SDL resource unit; and
            (b) the Goulburn, Broken, Campaspe and Loddon SDL resource units may be treated as a single SDL resource unit.
(3) A Basin State may not rely on a claim that there is a reasonable excuse for an excess unless:
            (a) it has provided a report to the Authority and to the Inspector‑General setting out the reasons for the excess, with evidence for the claim; and
            (b) the Inspector‑General is satisfied that the Basin State has a reasonable excuse as claimed.
Note 1: If the Inspector‑General is not satisfied that there is a reasonable excuse, there will be non‑compliance on the part of the Basin State requiring an action plan under subsection 71(1A) of the Act.
Note 2: It is open to the Inspector‑General to consult with the Authority and other bodies as appropriate.
(4) A Basin State is taken to have a reasonable excuse for an excess if the excess arises as the result of:
            (a) the operation of the water resource plan for the SDL resource unit; or
            (b) circumstances beyond the Basin State's control (for example where, for reasons