Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p56
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 56/128)
Character Range: 226691–229521

the Schedule made for the purposes of this clause, including an account that maintains a continuous record of the water that is stored, spilled, debited for evaporation, and delivered to South Australia in accordance with the Schedule.

DIVISION 2 — TIER 2 DISTRIBUTION OF WATERS TO ENSURE CRITICAL HUMAN WATER NEEDS

    131. Application of Division 2

       (1) This Division applies:

(a) in the circumstances specified in the Basin Plan; and

(b) in a period before the Basin Plan first takes effect, if the Ministerial Council declares in accordance with sub‑clause (3) that this Division applies; and

(c) from the time this Agreement comes into effect.

       (2) Once this Division has commenced application in accordance with sub‑clause (1), it will cease to apply:

(a) once the conditions specified in the Basin Plan are satisfied; or

(b) in the period before the Basin Plan first takes effect, at a time declared by the Ministerial Council.

       (3) The Ministerial Council may declare that this Division applies during a period before the Basin Plan first takes effect if the Ministerial Council is satisfied that during that period, the provisions of Division 1 of this Part will not or are not likely to ensure that there will be enough water to meet conveyance water needs.

    132. Distribution of Waters Subject to Schedule and Determinations of Ministerial Council

While this Division applies, the provisions of:

(a) Division 1 of this Part; and

(b) Part XIV of this Agreement and Schedule F,

apply subject to:

(c) the provisions of the Schedule made under clause 135, and any determination of the Ministerial Council made in accordance with that Schedule; or

(d) during the period before the Schedule is made under clause 135 and before the Basin Plan first takes effect, any agreement by First Ministers of the Contracting Governments.

DIVISION 3 — TIER 3 DISTRIBUTION OF WATERS IN EXTREME OR UNPRECEDENTED CIRCUMSTANCES

    133. Application of Division 3

       (1) This Division applies:

(a) in the circumstances specified in the Basin Plan; and

(b) in a period before the Basin Plan first takes effect, if the Ministerial Council declares in accordance with sub‑clause (3) that this Division applies.

       (2) Once this Division has commenced application in accordance with sub‑clause (1), it will cease to apply:

(a) once the conditions specified in the Basin Plan are satisfied; or

(b) in the period before the Basin Plan first takes effect, at a time declared by the Ministerial Council.

       (3) The Ministerial Council may declare that this Division applies during a period before the Basin Plan is adopted, but may only do so if satisfied that during that period, any one or more of the following applies:

(a) there are extreme and unprecedented