Document ID: chunk:federal_register_of_legislation:F2010L02466:reg:14:p4
Version: federal_register_of_legislation:F2010L02466
Segment Type: reg
Provision Reference: reg 14 (pt 4/5)
Character Range: 20456–23015

(1) For the purposes of this Protocol, the Menindee Lakes Storage is:
 (a) under Authority control during any period when, after falling to 480 000 ML, the volume has exceeded 640 000 ML and has not again fallen to 480 000 ML; and
 (b) under New South Wales control at any time after the volume has fallen below 480 000 ML and has not yet exceeded 640 000 ML.

 (2) Until the Ministerial Council resolves otherwise, an entitlement must not be transferred into or out of the Lower Darling Valley.

 Note   See subclause 13 (3) of Schedule D to the Agreement.

 (3) Allocations may be transferred either into or out of the Lower Darling Valley when the Menindee Lakes Storage is under Authority control if:
 (a) the Authority considers that there is sufficient volume in the Menindee Lakes Storage to satisfy the volume of:
 (i) the transfer; and
 (ii) all transfers into or out of the Lower Darling Valley previously approved in that year or any previous year for which a corresponding amount of water has not yet been released or taken from Menindee Lakes Storage; and
 (iii) any evaporative losses, that may be determined in consultation with New South Wales, associated with a transfer into the Lower Darling Valley that was approved in a previous year;
 without the volume falling to 480 000 ML; and
 (b) the Authority considers that the transfer will be called out of Menindee Lakes Storage before the volume of the Menindee Lakes Storage falls to 480 000 ML.

 (4) Allocations may not be transferred into or out of the Lower Darling Valley when the Menindee Lakes Storage is under New South Wales control unless:
 (a) in consultation with the Authority and the Committee, New South Wales has determined to allow allocations to be transferred out of the Lower Darling Valley; and
 (b) it has been identified that there would be no significant impact to third parties as a result of allocation transfers being approved; and
            (c)  it has been identified that there would be no adverse impacts on State water entitlements under the Agreement

Note   When calculating whether Menindee Lakes Storage is under Authority control or New South Wales control, the Authority must factor in the volume attributable to any previously approved transfers for which a corresponding amount of water has not yet been released from or taken from Menindee Lakes Storage.

Notes

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.