Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p109
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 109/128)
Character Range: 371573–374502

each year in consideration.

       (3) The Government of the Australian Capital Territory must ensure that no water or water entitlement that is used for urban purposes will be transferred for use outside the Australian Capital Territory unless that water or water entitlement has been transferred for use within the Australian Capital Territory from another State.

       (4) If demand for water for industrial uses or uses by the Commonwealth grows beyond the level of demand in 2006/07, that growth in demand will be met by transferring water or water entitlements from another State.

       (5) The Authority must, for the purposes of maintaining the Cap Register referred to in sub‑clauses 13(7) and 13(8), take into account 107 GL of cumulative Cap credit existing at the end of 2006/07.

    10. Power of Authority to alter long‑term diversion caps

       (1) Subject to sub‑clause 10(2) the Ministerial Council may, on the recommendation of the Committee, make protocols determining how the Authority may alter any long‑term diversion cap referred to in this Schedule.

       (2) The Authority, from time to time:

(a) must alter a long‑term diversion cap to reflect the result of transferring water entitlements or allocations within a State or between States, in accordance with any protocols established under Schedule D; and

(b) may only alter a long‑term diversion cap to account for environmental water under Cap in accordance with a protocol made under sub‑clause 10(1).

    11. Developing Analytical Models

       (1) The Authority must develop analytical models for determining the annual diversion targets for the upper River Murray.

       (2) Subject to sub‑clause 11(1), the Governments of New South Wales, Victoria, Queensland and the Australian Capital Territory must each develop analytical models for determining the annual diversion target for each designated river valley within the territory of that State.

       (3) The Government of South Australia must develop analytical models for determining the annual diversion target for diversions referred to in paragraph 7(1)(d).

       (4) An analytical model developed under this clause:

(a) must simulate the long‑term diversion cap in the relevant designated river valley; and

(b) must be tested against relevant historical data to determine the accuracy of the model in estimating the annual diversion; and

(c) must be approved by the Authority before it is used to determine an annual diversion target under this Schedule; and

(d) may, from time to time, be modified in such ways as the Authority may approve; and

(e) must be used to determine the average annual diversion under the conditions of the relevant long‑term diversion cap determined under this Schedule for either:

(i) the period between the start of the 1891 water year and the end of the 1997 water year; or
(ii) such other period as may be approved