Document ID: chunk:federal_register_of_legislation:F2024C00760:front:0:p39
Version: federal_register_of_legislation:F2024C00760
Segment Type: other
Provision Reference: 
Character Range: 106347–109095

a reasonable excuse for an excess if 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 reduce the cumulative balance of the register to zero or less.
Note 1: The Basin State will not need to take steps to reduce the cumulative balance to the extent it will be adjusted under subsection 6.11(5).
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.

        Division 3—Method for determining compliance—groundwater

6.12A Method for determining compliance with long‑term annual diversion limit—groundwater
(1) The method for determining compliance with the long‑term annual diversion limit for a groundwater SDL resource unit in a water accounting period is to follow the steps set out in this Division.
(2) The method applies to each water accounting period after 30 June 2019 following the commencement of a water resource plan relating to the SDL resource unit.

6.12B Step 1—Calculation of annual permitted take and annual actual take
(1) For a water accounting period, sum the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit, determined in accordance with the method for section 10.10 (annual permitted take).
Note: Section 10.10 requires a water resource plan to set out a method for determining the maximum quantity of water permitted to be taken by each form of take for consumptive use from the SDL resource unit in each water accounting period.
(2) For the same water accounting period, sum the quantity of water actually taken by each form of take for consumptive use from the SDL resource unit (annual actual take).
Note: See section 10.15.

6.12C Step 2—Determine whether there is non‑compliance
Note: See paragraphs 71(1)(g) and (h) of the Act.

Water accounting periods up to 2028
(1)