Document ID: chunk:federal_register_of_legislation:C2024C00557:schedule:1:p137
Version: federal_register_of_legislation:C2024C00557
Segment Type: schedule
Provision Reference: sch 1 (pt 137/154)
Character Range: 1003267–1005984

volume in storage and attributed to the upper States at that time.
"upper State" means each of New South Wales and Victoria.
"year" means the 12 months beginning on 1 June.
       (2) Expressions used in this Schedule and in the Water Act 2007 (Commonwealth) or the Agreement that are not defined in this Schedule have the same meanings as in the Act or the Agreement.
       (3) Clause 3 of the Agreement applies to this Schedule as if a reference to the Agreement in the clause were a reference to this Schedule.
       (4) For clause 91 and paragraph 130 (6) (b) of the Agreement, storing water after the time when a part of South Australia's entitlement would otherwise have been delivered:
(a) will have an effect on water availability for an upper State if continuing to store the part of South Australia's entitlement in accordance with the Plan, or any approved departure from the Plan, either reduces the volume of water available for allocation by the upper State or limits its ability to store any part of the State water entitlement of the upper State; and
(b) will have an effect on storage access by an upper State if delivering part of South Australia's entitlement that South Australia has continued to store in accordance with the Plan, or any approved departure from the Plan, limits the Authority's ability to deliver any part of the State water entitlement of the upper State because limitations on the capacity of either or both:
              (i) river channels to carry the necessary flow; or
              (ii) a major storage to release sufficient water;
affect the ability to deliver the State water entitlements of both States simultaneously.
       (5) The Authority must determine when an effect mentioned in paragraph (4) (a) or (4) (b) has occurred, taking into account any relevant Plan, other provisions of this Schedule and any other relevant circumstances.
       (6) Whenever the Authority is required to form an opinion for this Schedule, it must do so reasonably in all the circumstances, and must take into account any relevant prevailing professional standards.

    3. Commencement
Unless the Ministerial Council determines otherwise, this Schedule takes effect on the first day of the year after it is approved by the Ministerial Council.

    4. Application
This Schedule:
(a) only applies to water to be used by South Australia to meet either critical human water needs or private carry‑over; and
(b) does not entitle South Australia to store any water on behalf of an upper State; and
(c) applies during any period of water sharing under Division 1, 2 or 3 of Part XII of the Agreement, subject to any Schedule for water sharing made under clause 135 of the Agreement; and