Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p113
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 113/128)
Character Range: 382260–385135

Government, including, for example, data about areas under irrigation, storage capacities, crop production, irrigation technology and the conjunctive use of groundwater in the designated river valley; and

(c) the impact that policies implemented by the State Contracting Government may have on the expected pattern of annual diversions; and

(d) whether the diversion for all years on the Cap Register exceeds the diversion expected under the long‑term diversion cap for those years, and

(e) any other matter which the Independent Audit Group considers relevant.

       (2) The Independent Audit Group must:

(a) determine whether the long‑term diversion cap has been exceeded in the designated river valley; and

(b) report to the Authority on the special audit and advise the Authority of its determination within six months after a direction given under clause 16.

    18. Declaration that diversion cap has been exceeded

If the Authority receives a report under sub‑clause 17(2) which determines that a State has exceeded the long‑term diversion cap in a designated river valley, the Authority must:

(a) forthwith declare that the State has exceeded the Murray‑Darling Basin diversion cap; and

(b) report the matter to the next meeting of the Ministerial Council.

    19. Advice to Ministerial Council on remedial actions

       (1) The Government of a State referred to in paragraph 18(a) must report to the next Ministerial Council after a declaration is made under that paragraph, setting out:

(a) the reasons why diversions exceeded the Murray‑Darling Basin diversion cap; and

(b) action taken, or proposed to be taken by it to ensure that cumulative diversions recorded in the Cap Register are brought back into balance with the cap; and

(c) the period within the relevant model referred to in clause 11 predicts that the cumulative diversions recorded in the Cap Register will be brought back into balance with the cap.

       (2) The Government of a State that has been required to report to the Ministerial Council under sub‑clause 19(1) must report to each subsequent meeting of the Ministerial Council on action taken, or proposed to be taken by it to ensure that cumulative diversions recorded in the Cap Register are brought back into balance with the cap, until the Authority revokes a declaration pursuant to sub‑clause 19(3).

       (3) When the Authority is satisfied that a State in respect of which a declaration has been made under paragraph 18(a) has brought the cumulative diversions recorded in the Cap Register back into balance with the cap and is once more complying with the Murray‑Darling Basin diversion cap in all respects, it must:

(a) revoke the declaration; and

(b) report that fact to the next meeting of the Ministerial Council.

SCHEDULE E ‑ APPENDIX 1 — Designated River Valleys

    1. New South