Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p91
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 91/128)
Character Range: 324012–326968

The Authority may, in consultation with the Committee, from time to time make protocols:

(a) to implement the provisions for adjusting the cap on diversions set out in Appendix 3;

(b) about calculating salinity debits and credits for the purposes of clause 10;

(c) defining valleys for the purposes of this Schedule and about maintaining, crediting, debiting and giving directions for releases to be debited to, valley accounts, pursuant to clause 11;

(d) determining one or more conversion factors and exchange rates; about applying and using any conversion factor or exchange rate so determined; and defining trading zones, for the purposes of clause 12;

(e) about any matter referred to in clause 13 (Restrictions on Transfers);

(f) about any matter referred to in clause 15 (Procedures and Principles for Transfers);

(g) about any matter referred to in clause 17 (Monitoring and Reporting);

(h) to implement either or both of exchange rate trade and tagged trade; and

(i) implementing any resolution of the Ministerial Council about transferring environmental entitlements.

       (2) The Authority must notify each Contracting Government:

(a) whenever it is considering making, amending, reviewing or revoking a protocol; and

(b) of the subject matter of any proposed protocol, amendment, review or revocation.

       (3) A Contracting Government may nominate a person with relevant expertise and experience to give advice to the Authority in preparing, amending, reviewing or revoking a protocol.

       (4) The Authority must consider any advice given by a person nominated under sub‑clause 6(3), before it makes, amends or revokes a protocol.

       (5) A protocol made under this clause:

(a) must, subject to clause 2, indicate whether it applies to exchange rate trade, tagged trade or both; and

(b) must not be inconsistent with any provision of the Agreement (including its Schedules) and is void to the extent of any inconsistency.

       (6) The Authority may:

(a) amend, review or revoke any protocol made under sub‑clause 6(1); and

(b) review any such protocol at the request of a Contracting Government.

       (7) The Authority may not delegate any power conferred on it by sub‑clauses 6(1) and (6).

PART III — MATTERS RELATING TO ADMINISTRATION OF THE AGREEMENT

    7. Adjustment of delivery of State entitlements

The Authority must, from time to time, adjust the delivery of State entitlements under Part XII of the Agreement to take into account, and to give effect to, transfers of entitlements and allocations between States, in accordance with Appendix 2.

    8. Adjustment of cap on diversions

       (1) Subject 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