Document ID: chunk:federal_register_of_legislation:F2010L02473:body:0:p1
Version: federal_register_of_legislation:F2010L02473
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Character Range: 2–2897

Murray-Darling Basin Agreement (Schedule D — Processing Interstate Transfers of Water Allocations) Protocol 20101

The MURRAY-DARLING BASIN AUTHORITY, in consultation with the Basin Officials Committee and having considered the advice, if any, given by each person nominated by a Contracting Government under subclause 6 (3) of Schedule D to the Murray-Darling Basin Agreement, makes the following Protocol under clause 6 of Schedule D to that Agreement and section 18E of the Water Act 2007.

  I, ROB FREEMAN, Chief Executive of the MURRAY-DARLING BASIN AUTHORITY, authenticate that the Authority validly made the following Protocol on 30 August 2010.

ROB FREEMAN

Chief Executive

7 September 2010

Contents

 1 Name of Protocol
 2 Commencement
 3 Revocation
 4 Application
 5 Definitions
 6 Notices
 7 Processes and principles
 8 Review of Protocol

Schedule 1 Processes and principles

1 Name of Protocol

  This Protocol is the Murray-Darling Basin Agreement (Schedule D — Processing Interstate Transfers of Water Allocations) Protocol 2010.

Note   This Protocol deals with matters referred to in paragraph 6 (1) (f) of Schedule D to the Agreement.

2 Commencement

  This Protocol commences on the day after it is registered.

3 Revocation

 (1) All protocols made under paragraph 6 (1) (f) of Schedule D to the Agreement before 1 December 2009 that apply only to interstate tagged trade are revoked.

 (2) A protocol made under paragraph 6 (1) (f) of Schedule D to the Agreement before the commencement of this Protocol that deals with:
 (a) transfers of a kind mentioned in section 4; and
 (b) other transfers;
has no application to the extent that it deals with transfers of a kind mentioned in section 4.

4 Application

  This Protocol applies to interstate transfers of water allocations.

5 Definitions

  In this Protocol:
Act means the Water Act 2007.
month means any of the months of the year.
transferee, in respect of the transfer of an allocation, includes the buyer.
transferee's authority means the licensing authority in a State of destination in respect of a transfer.
transferor, in respect of the transfer of an allocation, includes the seller.
transferor's authority means the licensing authority in a State of origin in respect of a transfer.

Note    Several other words and expressions used in this Protocol have the meaning given by the Act (including the Agreement), for example:
 allocation
 Authority
 Contracting Government
 exchange rate trade
 licensing authority
 State
 State Contracting Government
 tagged trade
 year.

6 Notices

 (1) A notice under this Protocol must be given in writing.

Note   Written notices may be given electronically: see section 9 of the Electronic Transactions Act 1999.

 (2) The Authority must, in consultation with each State Contracting Government and, where appropriate, any relevant licensing