Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p57
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 57/128)
Character Range: 229292–232140

may declare that this Division applies during a period before the Basin Plan is adopted, but may only do so if satisfied that during that period, any one or more of the following applies:

(a) there are extreme and unprecedented low levels of water availability; or

(b) there is extreme and unprecedented poor water quality in the water available to meet critical human water needs; or

(c) there is an extremely high risk that water will not be available to meet critical human water needs during the next 12 months.

    134. Distribution of Waters Subject to Schedule and Determinations of Ministerial Council1

       (1) While this Division applies, the provisions of Division 1 of this Part, and of Part XIV and Schedule F of this Agreement, apply subject to:

(a) the Schedule made under clause 135; and

(b) any determination of the Ministerial Council made in accordance with this clause.

       (2) For the purposes of this Division, the Ministerial Council may make determinations about the way in which State water entitlements will be determined, delivered and accounted for.

       (3) The Ministerial Council:

(a) may determine that any provision of —

(i) Division 1 of this Part; or
(ii) Part XIV or Schedule F of this Agreement; or
(iii) the Schedule made under clause 135,

          applies, or does not apply, or applies to a specified extent or in specified circumstances; or

(b) may make a determination about any matter the subject of a provision referred to in paragraph (a) that is additional to, substituted for or contrary to any such provision.

DIVISION 4 — SCHEDULE FOR WATER SHARING

    135. Schedule for Water Sharing

       (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 under paragraph (4)(a) it:

(a) becomes part of the Agreement; and

(b) takes effect as provided for in sub‑clause 5(2).

       (6) The Schedule made for the purposes of this clause must:

(a) set out the way in which State water entitlements will be determined, delivered and accounted for; and

(b) provide for South Australia's storage right under sub‑clause 91(1),

        during a period in which either Division 2 or Division 3