Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p86
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 86/128)
Character Range: 309957–312861

this Schedule, on the basis of a conclusion in a review report, referred to in sub‑clause 35(3).

       (2) If the Authority makes a determination under sub‑clause 44(1) it must report that fact to the next meeting of the Ministerial Council.

       (3) The Authority may revoke a determination made under sub‑clause 44 (1) if it is satisfied that the circumstances which led to the determination no longer exist.

    45. Proposal for remedial action

The Authority must:

(a) upon making a determination under sub‑clause 43(1) or 44(1), consult with the relevant State Contracting Government, with a view to remedying the situation leading to that determination; and

(b) include in the relevant report to the Ministerial Council, the Authority's proposal for remedying that situation.

    46. Action by a State Contracting Government

A State Contracting Government which has been the subject of a report made by the Authority to the Ministerial Council under either paragraph 43(2)(b) or sub‑clause 44(2), must:

(a) give a report to the next meeting of the Ministerial Council, setting out:

(i) an explanation of the circumstances leading to the Authority's determination; and
(ii) what action the Government has taken, or proposes to take, to remedy that situation; and
(iii) if the circumstances leading to the Authority's determination were a situation referred to in paragraph 44(1)(a), how long the Government predicts it will be before that Government complies with paragraph 16(1)(b); and

(b) report annually thereafter to the Ministerial Council on the action it has taken, or proposes to take, to remedy the situation, until:

(i) in the case of a determination made under sub‑clause 43(1), the Authority is satisfied that the Government once more complies with paragraph 16(1)(a) and reports that fact to the Ministerial Council; or
(ii) in the case of a determination made under sub‑clause 44(1), the Authority revokes that determination.

PART XI — FINANCE

    47. State Actions

       (1) Subject to sub‑clause 47(2), the cost of undertaking and monitoring a State Action must either:

(a) be met by the Contracting Government which undertakes it; or

(b) if the State Action is undertaken by more than one Contracting Government, be met by them in such proportions as they may agree.

       (2) Where a Contracting Government agrees to assign to another Contracting Government any salinity credits or salinity debits under clause 23, any financial obligation of the Government making the assignment under sub‑clause 47(1) will be allocated between the parties to the agreement, in such proportions as they may agree.

    48. Joint works or measures

       (1) Subject to sub‑clause 48(2), the provisions of clause 72 of the Agreement apply to every Joint work or measure undertaken under this Schedule.

       (2) The share of the cost of any Joint work or