Document ID: chunk:federal_register_of_legislation:F2024C00760:front:0:p41
Version: federal_register_of_legislation:F2024C00760
Segment Type: other
Provision Reference: 
Character Range: 111362–114019

the excess arises as the result of:
            (a) the operation of the water resource plan for the SDL resource unit; or
            (b) circumstances beyond the Basin State's control (for example where, for reasons beyond the Basin State's control, the Commonwealth has not achieved the water recovery target that it has set for itself in relation to the SDL resource unit).
(5) A Basin State that relies on a claim it has made in accordance with subsection (3) must provide the Authority and the Inspector‑General, in writing, with a proposed set of actions (an action plan) that the State will take to reach the point where there is no excess under whichever of paragraphs (1)(a) and (2)(a) is then relevant.
Note 1: The Basin State will not need to take steps to the extent there will be an adjustment under paragraph (1)(a) or (2)(a).
Note 2: The Inspector‑General may conduct, or appoint or establish a person or body to conduct, an audit in relation to compliance using the Inspector‑General's powers under the Act. The Inspector‑General must publish a copy of a report of the audit on the Inspector‑General's website or the Department's website. The findings of such an audit may also lead to further action being taken by the Inspector‑General to ensure compliance with sections 34, 35, 58 and 59 of the Act.

        Part 5—Allocation of risks in relation to reductions in water availability

6.13 Risks arising from reduction in diversion limits
Note: If the SDL for an SDL resource unit is reduced, section 75 of the Act requires the Basin Plan to specify the reduction, and the proportions of the reduction attributable to various categories.
 Section 78 of the Act required the original Basin Plan to specify the limits that applied, immediately before the SDLs imposed by the Basin Plan took effect, to the long‑term average amount of water that could be taken for each SDL resource unit under the applicable transitional or interim water resource plans. This is done in subsection (2) below, and the specified limit is used as the baseline from which the reductions are measured.
(1) This section sets out the matters required by Subdivision A of Division 4 of Part 2 of the Act.
(2) For subsection 78(2) of the Act, the long‑term average limit on the quantity of water that can be taken from an SDL resource unit that the Authority is satisfied will be applicable immediately before a transitional water resource plan, or interim water resource plan, ceases to have effect is the BDL for the SDL resource unit.
Note: See section 1.07 for the meaning of BDL.
(2A)  For subsection 75(1) of the Act, the reduction is any reduction in the SDL