Document ID: chunk:federal_register_of_legislation:C2024C00557:schedule:1:p60
Version: federal_register_of_legislation:C2024C00557
Segment Type: schedule
Provision Reference: sch 1 (pt 60/154)
Character Range: 791138–793938

(3) The Ministerial Council may declare that this Division applies during a period before the Basin Plan first takes effect if the Ministerial Council is satisfied that during that period, the provisions of Division 1 of this Part will not or are not likely to ensure that there will be enough water to meet conveyance water needs.

    132. Distribution of Waters Subject to Schedule and Determinations of Ministerial Council
While this Division applies, the provisions of:
(a) Division 1 of this Part; and
(b) Part XIV of this Agreement and Schedule F,
apply subject to:
(c) the provisions of the Schedule made under clause 135, and any determination of the Ministerial Council made in accordance with that Schedule; or
(d) during the period before the Schedule is made under clause 135 and before the Basin Plan first takes effect, any agreement by First Ministers of the Contracting Governments.
DIVISION 3—TIER 3 DISTRIBUTION OF WATERS IN EXTREME OR UNPRECEDENTED CIRCUMSTANCES

    133. Application of Division 3
       (1) This Division applies:
(a) in the circumstances specified in the Basin Plan; and
(b) in a period before the Basin Plan first takes effect, if the Ministerial Council declares in accordance with sub‑clause (3) that this Division applies.
       (2) Once this Division has commenced application in accordance with sub‑clause (1), it will cease to apply:
(a) once the conditions specified in the Basin Plan are satisfied; or
(b) in the period before the Basin Plan first takes effect, at a time declared by the Ministerial Council.
       (3) The Ministerial Council 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