Document ID: chunk:federal_register_of_legislation:F2024C00760:reg:24:p3
Version: federal_register_of_legislation:F2024C00760
Segment Type: reg
Provision Reference: reg 24 (pt 3/36)
Character Range: 315591–318520

reasons
(1) A restriction of a type referred to in section 12.16 may be necessary because of:
            (a) the existence of a physical constraint; or
            (b) the need to address hydrologic connections and water supply considerations; or
            (c) the need to protect the needs of the environment; or
            (d) the level of hydraulic connectivity; or
            (e) a combination of any of the above.
(2) In this section, hydrologic connections and water supply considerations, in relation to a water access right, means any of the following:
            (a) the amount of transmission loss that may be incurred through evaporation, seepage, or other means;
            (b) the potential impact, as a result of the trade of a water access right, on water availability in relation to a water access right held by a third party (other than an impact arising solely because of an increase in use of the traded water access right);
            (c) the ability to:
                (i) deliver water from the same storage from which it is currently delivered; or
                (ii) adjust valley and state transfer accounts to facilitate trade, for example by way of a back trade.
Note 1:  See clause 3 of Schedule D to the Agreement for the meaning of valley account.
Note 2: See clause 5 of the Murray‑Darling Basin Agreement (Adjusting Valley Accounts and State Transfer Accounts) Protocol 2010 for the meaning of state transfer account.

12.19 Basin States to notify the Inspector‑General of restrictions
(1) If a Basin State decides to impose a restriction of a kind referred to in section 12.16, it must notify the Inspector‑General of the decision and the reasons for the decision.
(2) The notification must be given:
            (a) if the restriction was in effect at the commencement of this Chapter—within 30 days after that commencement; or
            (b) otherwise—no later than the date of effect of the restriction.

12.20 Basin State may request the Inspector‑General to make declaration
(1) The Inspector‑General must make a written declaration that a restriction of a kind referred to in section 12.16 is necessary because of a reason listed in subsection 12.18(1) if:
            (a) a Basin State requests the Inspector‑General to make that declaration; and
            (b) the Inspector‑General is satisfied that the restriction is in fact necessary because of a reason listed in subsection 12.18(1).
(2) The Inspector‑General may consult other Basin States, the ACCC, and any other interested parties before making the declaration.
(3) The Inspector‑General must publish the declaration, and the Inspector‑General's reasons for being satisfied that the restriction is necessary, on the Inspector‑General's website.
Note: See section 25D of the Acts Interpretation Act 1901 for content required in a statement of reasons.

12.21 Exchange rates not to be used in a regulated system
A water