Document ID: chunk:federal_register_of_legislation:F2010L02475:body:0:p4
Version: federal_register_of_legislation:F2010L02475
Segment Type: other
Provision Reference: 
Character Range: 8112–11213

of water.

 (2) An operating plan may provide for a volume held in a valley account to be reserved for back trade.

 (3) The Authority may, in accordance with any operating plan, direct that water standing to the credit of a valley account be used for a purpose referred to in paragraph 11 (4) (a) of Schedule D to the Agreement.

 (4) Subject to subsections (5) and (6), the relevant State Contracting Government must comply with any direction given under subsection (3) by supplying water from the relevant designated reservoir at the relevant designated site, referred to in Table 2.

 (5) In the case of the Lower Darling Valley Account, any water held in the Lower Darling Accounts is deemed to be the first water released under clause 120 (1) (d) of the Agreement assigned to NSW under clause 120 (3) (c) of the Agreement.

Table 2 – Valley accounts
Column 1         Column 2           Column 3                       Column 4
River Valley     Account Required?  Designated Site                Designated Reservoir
Kiewa            -                  -                              -
Ovens            -                  -                              -
Goulburn/Broken  Yes                McCoys Bridge (on Goulburn)    Lake Eildon
                                    Rices Weir (on Broken Ck)
                                    Rochester (on Campaspe)
Campaspe         Yes                Rochester (or via Goulburn)    Lake Eppalock
Loddon           Yes                Loddon Weir (or via Goulburn)  Laanecoorie
Lower Darling    Yes                Weir 32                        Menindee Lakes*
Murrumbidgee/    Yes                Balranald (on M'bidgee)        Burrinjuck, Blowering
Yanco/Billabong                     Darlot (on Billabong Ck)

*   The Lower Darling Valley Account is held in NSW's share of Menindee Lakes.

 (6) With the prior agreement of the Authority, a State Contracting Government may comply with a direction given under subsection (3) by supplying water to a designated site for a valley referred to in Table 2, other than the designated site referred to in the direction.

 (7) With the prior agreement of the Authority, New South Wales may comply with a direction given under subsection (3) by supplying water from the Murrumbidgee/Yanco/Billabong valley into the River Murray via the Snowy Mountains Scheme.

 (8) A State Contracting Government must supply water referred to in subsection (4) or (6):
 (a) at a rate of flow greater than the rate of flow forecast by that State Contracting Government for the relevant designated site, at the time when the relevant direction is given under subsection (3); and
 (b) in a way that does not increase the priority of delivering the volume represented by the transfer.

 (9) The Authority must reduce the relevant valley account by a volume equal to the volume of water supplied at a designated site pursuant to subsection (4) or (6), whether or not the Authority has subsequently amended or cancelled that direction pursuant to paragraph 11 (4) (b) of Schedule D to the Agreement.

Note   Pursuant to su-clause 11 (6) of