Document ID: chunk:federal_register_of_legislation:F2010L02466:reg:14:p3
Version: federal_register_of_legislation:F2010L02466
Segment Type: reg
Provision Reference: reg 14 (pt 3/5)
Character Range: 17849–20674

account.

9 Exceptional circumstances for allocation transfers across the Choke

  Despite any other provision of this Protocol, for any year in which the Authority estimates that the level of water allocations made, or to be made, in any or all of New South Wales and Victoria from a source described in Appendix 1 to Schedule D to the Agreement will significantly reduce the usual constraints on channel capacity at the Choke, the Authority, after consulting the Committee, may determine:
 (a) that water allocations may be transferred from above to below the Choke, other than as back trade; and
 (b) the period during which such transfers may occur; and
 (c) the total volume of such transfers;
subject to such conditions as the Authority may determine after consulting the Committee.

10 Co-operation between approval authority and the Authority

 (1) If an approval authority approves the transfer of a water entitlement, or the transfer of an allocation, from below to above the Choke, the approval authority must promptly advise the Authority.

 (2) The relevant water authority for a district in which water is used pursuant to an allocation made under a water entitlement entered in an entitlement record must promptly advise the Authority of the volume of any water used pursuant to that allocation.

 (3) Before an approval authority approves any back trade of an allocation from above to below the Choke, the transferor's authority must advise the Authority of the proposed transfer.

 (4) The Authority, having regard to the relevant entitlement records and the allocation account, must promptly advise the approval authority whether the proposed transfer may be approved.

 (5) If the Authority advises an approval authority under subsection (4) that a transfer may not be approved, the approval authority must refuse to approve the transfer.

 (6) If the Authority advises an approval authority that a transfer may be approved, the Authority must promptly adjust the relevant entitlements record and the allocation account accordingly.

 (7) An approval authority that receives advice from the Authority under subsection (6) must notify the Authority within 7 days after the date of the Authority's advice if the proposed transfer is approved.

 (8) If an approval authority does not notify the Authority in accordance with subsection (7):
 (a) the Authority must reverse the adjustments referred to in subsection (6) and advise the approval authority of the reversal; and
 (b) the approval authority must refuse to approve the transfer.

11 Transfers into and out of the Lower Darling

 (1) For the purposes of this Protocol, the Menindee Lakes Storage is:
 (a) under Authority control during any period when, after falling to 480 000 ML, the volume has exceeded 640 000 ML and has not again fallen to 480