Document ID: chunk:federal_register_of_legislation:C2024C00557:section:77:p2
Version: federal_register_of_legislation:C2024C00557
Segment Type: section
Provision Reference: s 77 (pt 2/3)
Character Range: 264041–266806

provisions of the Basin Plan.

Minister to decide claim
 (3) If the entitlement holder makes a claim for a payment under this section in relation to the diversion limit reduction, the Minister must:
 (a) if the Minister is satisfied that the entitlement holder qualifies for a payment under this section in relation to the reduction:
 (i) determine that a payment under this section is to be made to the entitlement holder in relation to the reduction; and
 (ii) determine the amount of the payment under this section to be made to the entitlement holder; and
 (b) if the Minister is not satisfied that the entitlement holder qualifies for a payment under this section in relation to the reduction—determine that a payment under this section is not to be made to the entitlement holder in relation to the reduction.

Amount of payment under this section
 (4) Subject to subsection (6), the amount of the payment under this section is worked out as follows:
 (a) first work out the amount of the reduction in the market value of the entitlement holder's water access entitlement that occurred because of the reduction in, or the change in the reliability of, the entitlement holder's water allocations;
 (b) then work out how much of that reduction in market value is reasonably attributable to the Commonwealth's share of the diversion limit reduction.
 (5) In applying paragraph (4)(b), regard is to be had to:
 (a) any steps taken by the Commonwealth to ensure that holders of water access entitlements do not suffer a reduction in, or a change in the reliability of, their water allocations as a result of the diversion limit reduction; and
 (b) the effect of those steps on the water allocations made to the holders of water access entitlements; and
 (c) the effect of the other provisions of the Basin Plan.
 (6) The amount of the payment under this section must not exceed the amount worked out as follows:
 (a) first work out the percentage of the diversion limit reduction represented by the Commonwealth share of the reduction;
 (b) then apply that percentage to the amount worked out under paragraph (4)(a).

Administrative Review Tribunal review
 (7) An application may be made to the Administrative Review Tribunal for the review of:
 (a) a determination of the Minister under paragraph (3)(b); or
 (b) a determination of the Minister under subparagraph (3)(a)(ii).

Substitute entitlements
 (8) If:
 (a) a water access entitlement (the substitute entitlement) is granted, issued or authorised; and
 (b) the substitute entitlement is granted, issued or authorised in substitution for an equivalent water access right (the earlier right) that was previously granted, issued or authorised at a particular time;
the substitute entitlement is taken, for the