Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p45
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 45/128)
Character Range: 198836–201643

calculated in accordance with clause 8 of Schedule F.

       (2) Entitlements under sub‑clause (1) shall not be affected by the declaration of a period of special accounting except as specifically provided in Subdivision E of this Division.

    95. New South Wales' Entitlement to Water from Menindee Lakes

       (1) Whenever water in the Menindee Lakes Storage falls below 480 000 megalitres, New South Wales may use the stored water as it requires until the volume next exceeds 640 000 megalitres.

       (2) Whenever sub‑clause (1) does not apply, New South Wales may:

(a) divert from ‑

(i) the Menindee Lakes Storage; or
(ii) the Darling River below the Menindee Lakes Storage; or
(iii) the River Murray, below its junction with the Darling River; or

(b) release from the Cawndilla outlet regulator,

        a total of up to 100,000 megalitres in any 12 month period commencing on 1 April.

       (3) Whenever the Ministerial Council determines that:

(a) releases from the Menindee Lakes Storage exceed the water required for storage in Lake Victoria and to supply South Australia's entitlement; or

(b) water in the Menindee Lakes Storage exceeds 1 680 000 megalitres and the amount of the excess plus the estimated water currently in the River Murray and Darling River below the Menindee Lakes Storage is sufficient to supply South Australia's entitlement and to fill Lake Victoria,

        any of that water used by New South Wales or released to provide for the retention of floodwaters shall not be deemed to be part of its entitlement under sub‑clause (2).

    96. New South Wales' and Victoria's Supply to South Australia

New South Wales and Victoria must provide, in equal proportions, South Australia's entitlement under clause 88 or 90 from the water available to them under clauses 94 and 95.

    97. Limitations on Use by New South Wales and Victoria

Unless the Ministerial Council determines otherwise, New South Wales or Victoria must not use water from the upper River Murray to an extent which may result in less than half the minimum reserve determined under clause 103 being held in upper River Murray storages and allocated to that State at the end of the following May.

SUBDIVISION C ‑ CONTROL BY AUTHORITY

    98. Authority's Role in Operation of Storages

       (1) The Authority may give directions for the release of water from upper River Murray storages and water must be released in accordance with any such directions.

       (2) The Authority may give directions under sub‑clause (1) in the form of standing procedures, which it may amend or suspend at any time, except as provided in clause 100.

       (3) In giving directions under this clause the Authority must have regard to ‑

(i) maintaining supply to South Australia of the