Document ID: chunk:federal_register_of_legislation:F2024C00760:reg:2:p26
Version: federal_register_of_legislation:F2024C00760
Segment Type: reg
Provision Reference: reg 2 (pt 26/32)
Character Range: 294089–296885

and
            (d) whether water is set aside in the conveyance reserve for future years.
Note: Part XII of the Agreement will also apply to the Authority in making such decisions.
(3) A Basin State must have regard to advice from the Authority regarding the volume of water to be made available to it in a particular year, when making decisions about whether water is made available for uses other than meeting critical human water needs.
(4) When Tier 3 water sharing arrangements apply, the Ministerial Council must have regard to the water accounts and water resource assessments when making decisions about:
            (a) whether water is made available, in a particular year, for uses other than meeting critical human water needs; and
            (b) whether water is set aside in the conveyance reserve for future years.
Note:  Part 5 of this Chapter deals with when Tier 3 water sharing arrangements commence and when they cease to apply.

        Part 4—Tier 2 water sharing arrangements
Note: See Division 2 of Part XII of the Agreement for Tier 2 water sharing arrangements.

        Division 1—When Tier 2 water sharing arrangements apply

11.09 Commencement of Tier 2 water sharing arrangements (Act paragraph 86D(1)(a))
(1) If the Authority is satisfied that either subsection (2) or subsection (3) applies, it may, by a notice published on its website:
            (a) declare which of the subsections applies; and
            (b) declare that Tier 1 water sharing arrangements cease, and Tier 2 water sharing arrangements enter into effect from the date specified in the notice.
Note 1: See Division 1 of Part XII of the Agreement for Tier 1 water sharing arrangements.
Note 2:  Tier 2 water sharing arrangements can also commence under subsection 11.16(1) if Tier 3 arrangements cease to apply.

Insufficient water to provide conveyance water in current water accounting period
(2) This subsection applies if at any time between the first day in June and the last day in August of the same water accounting period, the worst case planning water resource assessment indicates that the balance of the amount of conveyance water specified in section 11.04 cannot be supplied for the remainder of that water accounting period.

Insufficient water to set aside conveyance reserve for next water accounting period
(3) This subsection applies if at any time between the first day in September and the last day in May of the same water accounting period, the worst case planning water resource assessment indicates that the amount of water required to be reserved under subsection 11.12(2) cannot be set aside by the end of that water accounting period.
(4) In deciding whether subsection (2) or subsection (3) applies, no advances under clause 102C of the Agreement are to be taken