Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p96
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 96/128)
Character Range: 337319–340260

delivery of State entitlements, in the light of limits to the capacity of the River Murray system; and
(iii) any other matters relevant to the purposes of this Schedule, when considering whether or not to approve any application to transfer an entitlement or allocation under this Schedule; and

(b) submits any such application to the relevant environmental assessment criteria and processes from time to time set out in the record referred to in sub‑clause 14(1); and

(c) decides whether or not to grant the application in accordance with:

(i) the policies referred to in paragraph 14(5)(a); and
(ii) the results of applying the criteria and processes referred to in paragraph 14(5)(b); and

(d) imposes comparable conditions about environmental matters on any entitlement or allocation transferred into that State under this Schedule as it would impose on an entitlement or allocation granted or transferred within that State to use the same amount of water for the same purpose at the same location.

    15. Procedures and principles for transfers

       (1) The Authority may, by a protocol made under paragraph 6(1)(f), specify processes and principles to be followed by the Authority and, consistently with State law, each State Contracting Government and licensing authority, to record and to facilitate the transfer of entitlements and allocations, subject to the other provisions of this Schedule.

       (2) Each State Contracting Government must, consistently with the law of that State, take such action within the State as may be necessary to ensure that processes and principles referred to in this Schedule and in any protocol made under paragraph 6(1)(f) are applied and observed by each authority and other person in that State.

       (3) Without limiting sub‑clause 15(1), a protocol made under paragraph 6(1)(f) may:

(a) apply to:

(i) interstate transfers;
(ii) intervalley transfers;
(iii) transfers made across the Barmah Choke; and

(b) specify procedures, which are consistent with State law, for:

(i) ensuring, where appropriate, that an entitlement in a State of origin is cancelled or extinguished before, or at the same time as, an equivalent entitlement is created in the State of destination;
(ii) processing applications to transfer entitlements and allocations;
(iii) confirming the ability of the Authority to deliver water pursuant to any proposed transfer;
(iv) notifying the Authority when a transfer has occurred; and

(c) subject to clause 16, require the keeping of registers and accounts of transfers.

    16. Transfer Register

       (1) In this clause:

"base valley" means a valley referred to in sub‑clause 3(2) of Schedule E.

       (2) The transfer register kept under clause 16 of the former Schedule immediately prior to commencement of this Schedule is continued in existence.

       (3) The Authority must maintain the register referred to in sub‑clause (2) so that