Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p99
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 99/128)
Character Range: 345404–348168

valley made under clause 8.

    18. Review of interstate transfers

       (1) The Authority must prepare and give to the Ministerial Council and the Basin Community Committee a report on:

(a) the operation of this Schedule; and

(b) the markets for interstate transfers of entitlements and allocations,

        respectively, by 1 July 2010 and thereafter, either:

(c) by the end of every third year; or

(d) in the case of the market for entitlements, promptly after at least 8% of the volume of entitlements to use water for irrigation in any area has been permanently transferred interstate since the last report on that market was made under this clause; or

(e) in the case of the market for allocations, promptly after at least 8% of the volume of allocations to use water for irrigation in any area has been transferred interstate in the preceding 12 months,

        whichever is sooner.

       (2) A report referred to in sub‑clause 18(1) must deal with delivery losses, the accuracy or otherwise of water accounting measures and any other matter which the Ministerial Council may, from time to time direct, or which the Authority considers appropriate.

       (3) For the purpose of sub‑clause 18(1), "area" means any irrigation area administered by a relevant water authority, or any part of such an area which is separately administered from other parts.

    19. Dispute resolution

       (1) This clause applies to any dispute arising under this Schedule between:

(a) one or more of the State Contracting Governments; and

(b) one or more State Contracting Government and the Authority,

(c) each of whom is a party for the purpose of this clause.

       (2) A dispute arises at the time when one party notifies the other party or parties in writing that there is a dispute about a matter specified in the notice.

       (3) If a dispute arises, the parties must seek, in good faith, to resolve the dispute expeditiously by negotiations between them.

       (4) If a dispute is not resolved within 60 days, a party to the dispute may give written notice to the other party or parties requiring the matter to be referred to a dispute panel:

(a) comprising at least two members agreed between the parties; or

(b) if they cannot agree, comprising an equal number of members appointed by each party to the dispute.

       (5) A dispute panel must meet within 7 days after it is appointed, or within such other period agreed by the parties.

       (6) A unanimous decision of the dispute panel is binding upon the parties.

       (7) If the dispute panel does not reach a unanimous decision:

(a) any dispute to which the Authority is a party must be referred to the Ministerial Council for resolution; and

(b)