Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p55
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 55/128)
Character Range: 224180–226943

the advice of the Committee, the Ministerial Council may:

(a) approve the Schedule with or without amendment; or

(b) refer the draft Schedule back to the Authority for further consideration.

       (5) When the Schedule is approved by the Ministerial Council under paragraph (4)(a) it:

(a) becomes part of the Agreement; and

(b) takes effect as provided for in sub‑clause 5(2).

       (6) The Schedule made for the purposes of this clause must:

(a) set out rules for giving effect to and accounting for South Australia's storage rights under clause 91; and

(b) define what constitutes an effect on water availability and storage access for the purposes of clause 91.

       (7) Without limiting sub‑clause (6), the Schedule made for the purposes of this clause must contain such rules as may be required to ensure:

(a) that South Australia can exercise its storage right for the purposes of meeting critical human water needs pursuant to sub‑clause 91(1) in a manner that does not affect the water availability for New South Wales or Victoria that would have existed under this Agreement had it not been for the exercise by South Australia of its rights under that clause; and

(b) that South Australia can exercise its storage right for the purpose of private carry‑over pursuant to sub‑clause 91(2) in a manner that does not affect the water availability or storage access for New South Wales or Victoria that would have existed under this Agreement had it not been for the exercise by South Australia of its rights under that clause; and

(c) that, wherever possible, water stored pursuant to clause 91 that is spilled from a storage, is re‑regulated for subsequent use by South Australia; and

(d) that, subject to paragraphs (a) and (b), each State is able to carry over a volume of water equivalent to 150% of its annual critical human needs requirements (eighteen months supply); and

(e) that South Australia bears only incremental evaporative losses in respect of its stored entitlement.

       (8) A rule referred to in sub‑clause (7) may have the effect of adding to, derogating from or otherwise altering any provision of this Division.

       (9) The Ministerial Council may at any time as it sees fit request the Authority to prepare a draft amendment.

       (10) Sub‑clauses (2), (3), (4) and (5) apply to a draft amendment as if it were a draft Schedule.

       (11) The Authority must keep separate accounts in respect of the application of rules set out under the Schedule made for the purposes of this clause, including an account that maintains a continuous record of the water that is stored, spilled, debited for evaporation, and delivered to South Australia in accordance with the Schedule.

DIVISION 2 —