Document ID: chunk:federal_register_of_legislation:C2024C00557:schedule:1:p59
Version: federal_register_of_legislation:C2024C00557
Segment Type: schedule
Provision Reference: sch 1 (pt 59/154)
Character Range: 788547–791377

not been for the exercise by South Australia of its rights under that clause; and
(b) South Australia can exercise its storage rights for private carry‑over under subclause 91 (2) in a way that does not affect the water availability or storage access for New South Wales or Victoria that would have existed under this Agreement had it not been for the exercise by South Australia of its rights under that clause; and
(c) if possible, water stored under clause 91 that is spilled from a storage, is re‑regulated for subsequent use by South Australia; and
(d) if the Authority determines at any time that an effect mentioned in paragraph (8) (b) has occurred, the Authority must immediately adjust the accounts maintained under subclause (11) to correct the effect.
       (10) A rule mentioned in subclause (9) may have the effect of adding to, derogating from or otherwise altering any provision of this Division.
       (11) The Authority must keep the separate accounts required to be kept by Schedule G.
       (12) The Authority:
(a) may prepare draft rules:
              (i) to implement the provisions of clause 22 of Schedule G relating to the attribution of incremental evaporative losses to South Australia; and
              (ii) to account for transmission losses when flows are only partly contained within river channels; and
              (iii) otherwise to implement the provisions of Schedule G; and
(b) may prepare draft amendments to any rules approved by the Ministerial Council under subclause (13); and
(c) must give any draft rules and draft amendments prepared under paragraph (a) or (b) to the Ministerial Council.
       (13) The Ministerial Council may:
(a) approve any draft rules or amendments prepared under subclause (12), with or without amendments; or
(b) refer the draft rules or amendments back to the Authority for further consideration.
DIVISION 2—TIER 2 DISTRIBUTION OF WATERS TO ENSURE CRITICAL HUMAN WATER NEEDS

    131. Application of Division 2
       (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; and
(c) from the time this Agreement comes into effect.
       (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 first takes effect if the Ministerial Council is satisfied that during that period, the provisions of Division 1 of this Part will not