Document ID: chunk:federal_register_of_legislation:F2010L02475:body:0:p5
Version: federal_register_of_legislation:F2010L02475
Segment Type: other
Provision Reference: 
Character Range: 10974–13679

a designated site pursuant to subsection (4) or (6), whether or not the Authority has subsequently amended or cancelled that direction pursuant to paragraph 11 (4) (b) of Schedule D to the Agreement.

Note   Pursuant to su-clause 11 (6) of Schedule D to the Agreement, the Authority can give a direction under subsection 8 (3) of this Protocol which results in a valley account being overdrawn, if the relevant State Contracting Government agrees.

 (10) The Authority must reduce the balance of a valley account by the volume of water spilled from the valley account as advised by the relevant State Contracting Government subject to subsections (11), (12)  and (13).

 (11) When a volume of water is released in advance of an anticipated spill (pre-released) the volume released may be included as part of the volume spilled for the purposes of subsection (10).

 (12) Water added to the account in the current year must not be included as part of the volume spilled for the purposes of subsection (10).

 (13) The reduction of the balance of a valley account advised by a State Contracting Government under subsection (10) must not be greater than the lesser of the volume spilled from designated reservoirs in that valley and  the balance of the account carried over from a previous water year minus any deliveries made against the valley account for that valley prior to the time of spill.

 (14) Unless the Government of New South Wales agrees otherwise, whenever a valley account maintained for the Lower Darling valley has a negative balance, unless the Committee requires the Authority to direct that water be released from Menindee Lakes Storage under subclause 99 (2) of the Agreement, the Authority:
 (a) may direct that an appropriate volume of water be substituted from another source in preference to a release that would otherwise have been made from the Menindee Lakes Storage; and
 (b) must credit the valley account for the Lower Darling valley with any volume of water so substituted.

Part 3 Rules for adjusting state transfer accounts

Note   Appendix 2 of Schedule D to the Agreement sets out rules for delivering adjustments to:
(a) water deliveries to SA from an upstream State, resulting from transfers of entitlements or allocations between them; and
(b) the volume of water in Hume Reservoir that may be delivered to either NSW or Victoria resulting from transfers of entitlements or allocations between them.

Clause 1 of Appendix 2 provides that the volume of the relevant adjustment must be equal to:
(a) in the case of exchange rate trade, the volume of the allocations which would have been to the transferred entitlements in the State of Origin in every year; and
(b) in