Document ID: chunk:federal_register_of_legislation:F2010L02466:reg:14:p1
Version: federal_register_of_legislation:F2010L02466
Segment Type: reg
Provision Reference: reg 14 (pt 1/5)
Character Range: 12805–15733

14    Lower Darling* (includes Menindee Lakes and the Darling River downstream of the Menindee Lakes)                                                                                                              back trade only: 1, 3, 4A, 4C, 5A, 6B, 13                    back trade only: 1, 3, 4A, 4C, 5A, 6**, 6B, 7, 10**, 11, 12, 13

                                                                                                                                                                                                                   : 4A, 4C, 5A, 6, 7, 10, 11, 12

Note *   Trade to and from the Lower Darling is subject to section 11.

Note **   Trade through the Barmah Choke is subject to sections 7 to 10.

Note ***   South Australia is divided into four 'cap valleys'. The three cap valleys from and to which water entitlements and water allocations may be transferred are:
(a) SA Country Towns; and
(b) SA Reclaimed Swamps; and
(c) SA All Other Purposes.

7 Transfers across the Choke

 (1) Environmental water entitlements derived from water savings made downstream of the Choke before 1 July 2007 for the purposes of the Snowy Water Enquiry Deed must be accounted for in the following manner:
 (a) the volume of any such water entitlement to be used to improve flows in the Snowy River must not, for the purposes of this Protocol, be used to offset back trade from above to below the Choke; and
 (a) the volume of any such water entitlement to be used to improve flows in the River Murray must be counted as existing water entitlement below the Choke, and must not, for the purposes of this Protocol, be used to offset back trade from above to below the Choke.

 (2) Except for:
 (a) water entitlements that were transferred before 1 July 2007 (including the transfers referred to in paragraph (1) (a)); and
 (b) environmental water entitlements that were derived from water savings made downstream of the Choke after 1 July 2007 pursuant to the Snowy Water Enquiry Deed to be used to improve flows in the River Murray;
the volume of any transfer of water entitlements from below to above the Choke may, for the purposes of this Protocol:
 (c) be counted as entitlement transferred from below to above the Choke; and
 (d) be used to offset back trade from above to below the Choke.

 (3) A water entitlement may not be transferred from above to below the Choke, except where the entitlement has previously been entered in the entitlement record as having been transferred from below to above the Choke.

 (4) Without limiting subsection (2), a transfer for the purposes of that subsection includes any transfer pursuant to:
 (a) an agreement between Governments (other than transfers referred to in paragraph (1) (a)) for the purpose of improving flows in the Snowy River; and
 (b) trading between the holders of entitlements.

8 Accounting for allocation transfers across the Choke

 (1) The purpose of