Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p92
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 92/128)
Character Range: 326703–329568

to paragraph 16(7)(a), the Authority must, from time to time, adjust the cap on diversions for each designated river valley to reflect interstate and intervalley transfers of entitlements or allocations under this Schedule, in order to ensure that diversions within the Murray‑Darling Basin do not exceed the total diversions under baseline conditions referred to in Schedule E.

       (2) For the purpose of making any calculation under clause 12 of Schedule E, the relevant annual diversion target for that year must either be increased or reduced, as the case requires, by the volume determined in accordance with Appendix 3.

    9. Adjustment of State financial contributions

       (1) In every year, the Authority must, based on information contained in the Transfer Register, calculate the amount by which any sum payable by a State Contracting Government in any year under Part IX of the Agreement, should be varied to reflect transfers of entitlements made by exchange rate trade from river reaches regulated by works subject to the Agreement, into or out of that State in the preceding year and inform the Ministerial Council of that amount for the purposes of clause 72 of the Agreement.

       (2) The Ministerial Council may add or subtract, as the case requires, any amount determined under sub‑clause 9(1) to or from the sum payable by a State Contracting Government in the next following year, under Part IX of the Agreement.

       (3) Despite the provisions of Part IX of the Agreement, a State Contracting Government must pay any sum as varied in accordance with sub‑clause 9(2).

     Note:

          (a) Where an interstate transfer, made either by exchange rate trade or tagged trade, relates to water in a tributary of the River Murray, the recovery of State bulk water charges relating to that water is a matter for agreement between the relevant States.

          (b) Where tagged trade occurs, a transferee in the State of destination holds an entitlement which continues to exist in the State of origin. A State of origin might recover bulk water charges either directly from the holder of the entitlement in the State of destination, or through the relevant water authority in that State, as agreed between the parties.

    10. Accounting for salinity impacts

       (1) An entitlement or allocation can only be transferred under this Schedule if the proposed transfer is consistent with Schedule B.

       (2) Consistently with the law of the relevant State, a licensing authority within that State must attach such conditions to any transfer into or out of that State which the licensing authority considers necessary or desirable to ensure that the State meets its obligations under Schedule B.

       (3) The Authority must attribute salinity credits and debits arising from the dilution effects of interstate