Document ID: chunk:federal_register_of_legislation:C2012A00157:clause:1_23b:p1
Version: federal_register_of_legislation:C2012A00157
Segment Type: clause
Provision Reference: sch 1 cl 23B (pt 1/2)
Character Range: 8745–11517

23B  Adopting proposed adjustments as amendments of Basin Plan
 (1) This section applies if the Authority proposes one or more adjustments of the long‑term average sustainable diversion limits for the water resources of particular water resource plan areas (or particular parts of those water resources) under paragraph 23A(1)(a).
 (2) For each water resource plan area (or each part) for which an adjustment is proposed, the Authority must include the following information in a notice:
 (a) the long‑term average sustainable diversion limit, for the water resources of the plan area (or the particular part of those water resources), that applied at the reference time;
 (b) the proposed plan area limit;
 (c) the amount of the difference between the limits referred to in paragraphs (a) and (b) of this subsection, expressed as a percentage of the amount of the limit referred to in paragraph (a);
 (d) if, on one or more occasions since the reference time, adjustments of the long‑term average sustainable diversion limit for the water resources of that plan area (or the particular part of those water resources) have been adopted as amendments by the Minister under subsection (6)—the limit as so adjusted;
 (e) an outline of the material on which the Authority based its decision in determining that the criteria referred to in paragraph 23A(2)(a) had been met in relation to the adjustment and the amount of the adjustment.
 (3) A notice made under subsection (2) must also include:
 (a) the proposed Basin limit that is proposed as a result of the proposed adjustments referred to in subsection (1); and
 (b) the total Basin adjustment percentage; and
 (c) an outline of the material on which the Authority based its decision in determining that the criteria referred to in paragraph 23A(2)(a) had been met in relation to the adjustment, and the amount of the adjustment, of the long‑term average sustainable diversion limit for the Basin water resources.
 (4) The Authority must also prepare an amendment of the Basin Plan that sets out each proposed plan area limit, and the proposed Basin limit, that is included in the notice.
Note: The amendment is a legislative instrument (see section 33).
 (5) The Authority must:
 (a) give the notice made under subsection (2) to the Minister; and
 (b) give the amendment of the Basin Plan prepared under subsection (4) to the Minister for adoption.
 (6) As soon as practicable after receiving the amendment, the Minister must:
 (a) consider the amendment; and
 (b) either:
 (i) adopt, in writing, the amendment; or
 (ii) give the Authority notice, in writing, that the Minister has decided not to adopt the amendment.
Note: If a long‑term average sustainable diversion limit for the water resources of a particular water