Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p21
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 21/128)
Character Range: 134731–137626

Authority in carrying out the Authority's functions in relation to river operations.

       (2) A document (including an amended document) approved under this clause remains in effect until the Committee resolves to approve a new document.

       (3) A document approved under this clause may require the Authority to refer to the Committee for the purposes of a determination under clause 33 any specified matter relating to the carrying out of the Authority's functions in relation to river operations, including any decision that the Authority proposes to make in relation to river operations, that has the potential to have a material effect on State water entitlements.

       (4) If a document approved under this clause includes a requirement to refer, the document must specify the criteria to be applied to determine whether a matter has the potential to have a material effect on State water entitlements and thus needs to be referred.

    32. Continuation of Resolutions, Practices and Procedures Relating to River Operations

       (1) From the commencing day, and until the Committee approves a document under clause 31 the Authority must, subject to a determination under clause 33, carry out the Authority's functions in relation to river operations in accordance with such of the resolutions, practices and procedures in relation to the Commission's water business as are in effect immediately before the commencing day.

       (2) In this clause "Commission's water business" has the same meaning as under the former Agreement.

    33. Referrals and Determinations in Relation to River Operations

       (1) The Authority must refer to the Committee any matter relating to carrying out river operations:

(a) that the document approved under clause 31 requires the Authority to refer; or

(b) that two or more members of the Committee have notified the Authority and the Committee in writing is a matter that should be referred to the Committee because the document approved under clause 31 has not made relevant specifications about the matter, and the matter has the potential to have a material effect on State water entitlements.

       (2) A notification made under paragraph (1)(b) may be withdrawn at any time before a determination is made under this clause, by notice in writing given to the Authority and the Committee by the members of the Committee who made the notification.

       (3) The Authority must refer to the Committee any decision that the Authority proposes to make in relation to river operations that has the potential to have a material effect on State water entitlements, unless the decision is authorised by the document approved under clause 31 or a previous determination made under this clause.

       (4) The Authority may, before the Committee has approved a document under clause 31, refer to the Committee a proposal