Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p54
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 54/128)
Character Range: 221511–224444

excess of South Australia's entitlement under clause 88 or 90.

If (ii) exceeds (i), the account kept under this paragraph must be set at zero;

(c) all water allocated to that State which is supplied by it to meet South Australia's entitlement under paragraph 88(a).

    126. Imbalance in Use

The imbalance in use between either New South Wales or Victoria and South Australia in a period of special accounting is to be calculated as follows:

       One‑third of the amount calculated under paragraph 125(a)

       less:

       One‑third of the amount calculated under paragraph 125(b)

       less:

       Two‑thirds of the amount calculated under paragraph 125(c).

    127. Limits on Imbalance in Use

On May 31 in any period of special accounting, the accounts kept under clause 125 must be adjusted by the Authority to ensure that the imbalance in use calculated under clause 126 is:

(a) less than one‑third; and

(b) greater than minus two‑thirds,

of the difference between 1,250,000 megalitres and the reserve allocated to New South Wales or Victoria, as the case may require.

    128. Restrictions on South Australia's Entitlement

       (1) In a period of special accounting, instead of the amounts set out in paragraph 88(a), South Australia is entitled to receive, before the end of the following May, the lesser of:

(a) the sum of the monthly quantities set out in paragraph 88(a); and

(b) the sum of ‑

(i) one‑third of the available water determined under paragraph 102(c); and
(ii) any imbalance in use calculated under clause 126.

       (2) South Australia may decide how to apportion any entitlement under sub‑clause 128(1) between each month provided that the quantity in any month must not exceed that specified in paragraph 88(a).

    129. Termination of Periods of Special Accounting

The Authority must terminate a period of special accounting declared for New South Wales or Victoria whenever it is satisfied that the reserve allocated to that State at the end of the following May will be greater than 1,250,000 megalitres.

SUBDIVISION F — ACCOUNTING FOR SOUTH AUSTRALIA'S STORAGE RIGHT

    130. Accounting for South Australia's Storage Rights

       (1) The Authority must, as soon as practicable after this Agreement comes into effect, prepare a draft Schedule to this Agreement in accordance with this clause.

       (2) The Authority must provide the draft Schedule to the Committee.

       (3) After considering the draft Schedule, the Committee must submit the draft Schedule and the Committee's advice in relation to it, to the Ministerial Council.

       (4) After receiving the draft Schedule and the advice of the Committee, the Ministerial Council may:

(a) approve the Schedule with or without amendment; or

(b) refer the draft Schedule back to the Authority for further consideration.

       (5) When the Schedule is approved by the Ministerial Council