Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p49
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 49/128)
Character Range: 209033–211673

under the jurisdiction of that State, unless the Ministerial Council determines otherwise; and

(b) calculated under sub‑clause 12(1) of Schedule F, in the case of New South Wales; and

(c) calculated under sub‑clause 12(2) of Schedule F, in the case of Victoria.

    110. Losses

       (1) Any water which is lost by evaporation or other means from the upper River Murray is deemed to have been used by New South Wales or Victoria.

       (2) Unless otherwise determined by the Ministerial Council:

(a) losses attributable to evaporation from a major storage will be deemed to have been used in proportion to the quantities of water allocated to New South Wales or Victoria in that storage;

(b) losses attributable to an unregulated flow in any part of the upper River Murray will be deemed to have been used in proportion to the flow allocated to New South Wales or Victoria in that part of the river;

(c) all other losses will be deemed to have been used half each by New South Wales and Victoria.

       (3) For the purposes of this clause an "unregulated flow" means a flow which has not been planned by the Authority.

    111. New South Wales' and Victoria's Supply to South Australia

For the purposes of this Subdivision any water supplied in any month to South Australia which it is entitled to receive under clause 88 or 90 is deemed to be supplied half each by New South Wales and Victoria and the Authority must make appropriate adjustments to allocations between New South Wales and Victoria of water in the upper River Murray so as to give effect to those States' obligations under clause 96.

    112. Commencement of Continuous Accounting of Carryover of Stored Water

Half the water in each major storage on 1 December 1989 is deemed to have been allocated to New South Wales and half to Victoria.

    113. Reallocation of Water Between New South Wales and Victoria

       (1) By agreement between New South Wales and Victoria, any quantity of water allocated to one of those States and in store in any of the upper River Murray storages or in transit in a specified part of the upper River Murray, may be exchanged for a quantity of water allocated to the other State and in store in another of the upper River Murray storages or in transit in another specified part of the upper River Murray, if such an exchange of water does not prejudice the entitlement of South Australia.

       (2) The Authority may at any time, with the consent of either New South Wales or Victoria, determine that certain quantities of water in transit in the upper River Murray are surplus to the requirements of that