Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p100
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 100/128)
Character Range: 347929–351007

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) any dispute between State Contracting Governments may be referred by a party to an arbitrator, as if it were a matter requiring resolution by an arbitrator under clause 140 of the Agreement.

       (8) Each party must meet its own costs in relation to any dispute.

       (9) Each party must contribute equally to the cost of any dispute panel or arbitrator, unless the dispute panel or arbitrator, as the case requires, directs otherwise.

       (10) Each State Contracting Government undertakes to try to resolve any difference between it and any other State Contracting Government about a matter referred to in paragraph 5(1)(a), (b) or (c), in accordance with sub‑clauses 19(1) — 19(6) before consulting the Ministerial Council under sub‑clause 5(1).

SCHEDULE D — APPENDIX 1 — Entitlements and Allocations

(see clause 4)

LEGISLATION                                        CATEGORY                                SOURCE
Water Management Act 2000 (NSW)                    High Security Access Licence            Murrumbidgee Regulated and Murray Valley Regulated
General Security Access Licence
Conveyance Access Licence
Local Water Utility Access Licence
Allocation under any type of water access licence
Water Act 1989 (Vic)                               Water licence granted under section 51  River Murray and Goulburn, Campaspe and Loddon river systems
Irrigation water right
Bulk entitlement
Sales allocation
Water (Resource Management) Act 2005 (Vic)         High‑reliability water share
Lower reliability water share
Allocation under a water share
Allocation under an environmental entitlement
Natural Resources Management Act 2004 (SA)         Water licence                           River Murray Prescribed Watercourse
Water allocation under a water licence

SCHEDULE D — APPENDIX 2 — Adjusting Delivery of State Entitlements under Part XII of the Agreement

(see clause 7)

PART I — RULES WHICH APPLY AT ALL TIMES

    1. Interstate transfers of entitlements

       (1) Subject to sub‑clause 1(2), the Authority must adjust the delivery of a State entitlement as a result of each interstate transfer of an entitlement, in accordance with Rules 1‑4:

(a) in the case of exchange rate trade, by the volume of the allocations which would have been made to that entitlement in the State of origin in every year, if the entitlement had not been transferred; and

(b) in the case of tagged trade, by the volume of water used by the transferee in each year.

       (2) For the purpose of calculating the volume referred to in paragraph 1(1), for exchange rate trade, if the transferor seeks to transfer an entitlement with lower reliability, the Authority must first apply the relevant conversion factor that would be applied to convert that entitlement into a type of entitlement with higher reliability, in