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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Murray-Darling
Basin Amendment Bill 2002
No. ,
2002
(Agriculture, Fisheries and
Forestry)
A Bill for an Act to amend the
Murray-Darling Basin Act 1993, and for other
purposes
Contents
A Bill for an Act to amend the Murray-Darling Basin
Act 1993, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Murray-Darling Basin Amendment Act
2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedule 1 |
A single day to be fixed by Proclamation |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsection 3(1) (definition of
Agreement)
Repeal the definition, substitute:
Agreement means the Original Agreement as amended by the
Amending Agreement.
Note: See also clauses 50 and 134 of the Agreement,
which provide for the amendment of the Agreement.
2 Subsection 3(1)
Insert:
Amending Agreement means the agreement a copy of which is set
out in Schedule 2.
3 Subsection 3(1)
Insert:
Original Agreement means the agreement a copy of which is set
out in Schedule 1.
4 Section 5
Before “Agreement”, insert “Original”.
Note: The heading to section 5 is replaced by the
heading “Approval of Original Agreement”.
5 After section 5
Insert:
The Amending Agreement is approved.
6 Schedule (heading and note to
heading)
Repeal the heading and note, substitute:
Note: See section 3
7 At the end of the Act
Add:
Note: See section 3
MURRAY-DARLING BASIN AMENDING AGREEMENT
The Murray-Darling Basin Amending Agreement made the third day of June two
thousand and two.
BETWEEN
THE COMMONWEALTH OF AUSTRALIA (the
“Commonwealth”)
THE STATE OF NEW SOUTH WALES (“New South
Wales”)
THE STATE OF VICTORIA (“Victoria”)
THE STATE OF SOUTH AUSTRALIA (“South
Australia”)
WHEREAS on 24 June 1992 the Commonwealth, New South Wales,
South Australia and Victoria entered into the Murray-Darling Basin Agreement
which was ratified by the Parliament of the Commonwealth and the Parliaments of
the said States and subsequently amended (the “Principal
Agreement”);
AND WHEREAS under the provisions of clause 134 of the Principal
Agreement the State of Queensland (“Queensland”) became a party to
the Principal Agreement on the terms and conditions set out in Schedule D to the
Principal Agreement;
AND WHEREAS clause 3 of Schedule D provides that certain
provisions of the Principal Agreement do not apply to Queensland;
AND WHEREAS the Commonwealth, New South Wales, South Australia and
Victoria wish to:
(a) amend certain provisions of the Principal
Agreement which do not apply to Queensland; and
(b) add a further Schedule G to the Principal
Agreement, which will not apply to Queensland,
to make new arrangements for sharing water made available in the River
Murray catchment above Hume Dam by the Snowy Scheme;
THE PARTIES AGREE AS FOLLOWS
(1) In the following clauses of this Agreement,
“the Agreement” means the Principal Agreement.
(2) Clause 2 of the Agreement is
amended—
(a) by omitting the definition of
“Authority”;
(b) by inserting the following
definition—
“natural flow” means the quantity of water that would
have flowed in a river past a particular point in a particular period but for
the effect during that period of diversions to or from, and impoundments on, the
river upstream of that point;”;
(c) by omitting the definition of “period
of restriction”; and
(d) by omitting the definition of “Snowy
Mountains Agreement”.
(3) Clause 46 of the Agreement is amended
by adding the following sub-clause—
“(4) Despite sub-clause 46(3), sub-clauses 46(1) and 46(2)
apply to any proposal referred to in clause 24 of Schedule
G.”.
(4) Clause 91 of the Agreement is amended
as follows—
(a) by omitting paragraph (b) of
sub-clause (1) and inserting the following paragraph in its
stead—
“(b) half the natural flow at Doctors Point;”; and
(b) by deleting from paragraph (c) of
sub-clause (1) the word “and”; and
(c) by inserting in paragraph (d) of
sub-clause (1), after the word “Point” the word “and”;
and
(d) by adding to sub-clause (1) a
paragraph—
“(e) half of the volume of water calculated in accordance with
clause 8 of Schedule G.”.
(5) Clause 98 of the Agreement is
amended—
(a) by omitting paragraph (d) and
inserting the following paragraph in its stead—
“(d) the estimated natural flow of the River Murray at
Doctors Point before the end of the following May;”; and
(b) by omitting paragraph (e) and
inserting the following paragraph in its stead—
“(e) water calculated in accordance with clause 9 of Schedule
G;”.
(6) Clause 103 of the Agreement is amended
by omitting sub-clause (1) and inserting the following sub-clause in its
stead—
“(1) In respect of any period—
(a) the natural flow of the River Murray at Doctors Point;
and
(b) the volume of water calculated in accordance with clause 10 of
Schedule G,
must be allocated between New South Wales and Victoria as provided in
sub-clause 103(2).”.
(7) Clause 105 of the Agreement is
amended—
(a) by inserting the number “(1)”
after the number “105”; and
(b) by adding the following
sub-clauses—
“(2) The volume of water calculated in accordance with
sub- clause 11(1) of Schedule G is allocated to New South
Wales.
(3) The volume of water calculated in accordance with
sub-clause 11(2) of Schedule G is allocated to
Victoria.”.
(8) Clause 106 of the Agreement is omitted
and the following clause inserted in its stead—
“106. New South Wales and Victoria are respectively deemed to use
the quantity of water—
(a) diverted from the upper River Murray by an
offtake under the jurisdiction of that State, unless the Commission determines
otherwise; and
(b) calculated under sub-clause 12(1)
of Schedule G, in the case of New South Wales; and
(c) calculated under sub-clause 12(2)
of Schedule G, in the case of Victoria.”.
(9) Clause 107 of the Agreement is
omitted.
(10) Clause 112 of the Agreement is
omitted.
(11) Clause 122 of the Agreement is
amended by omitting sub-clause (3).
(12) Part XII of the Agreement is amended
by omitting from the heading of that Part the words “MOUNTAINS
AGREEMENT” and inserting in their stead the word
“SCHEME”.
(13) Clause 132 of the Agreement is
deleted and the following clause inserted in its stead—
“132. The Commission must determine the respective allocations to
New South Wales and Victoria of water made available from the Snowy Scheme
for the purposes of this Agreement, in the manner set out in Schedule
G.”.
(14) The Agreement is amended by inserting
after Schedule F the following new Schedule—
SCHEDULE G
EFFECT OF SNOWY SCHEME
PART I: PRELIMINARY
1. Purpose
The purpose of this Schedule is to make arrangements for sharing between
New South Wales, South Australia and Victoria of water made available in the
catchment of River Murray above Hume Dam by the Snowy Scheme.
2. Definitions
In this Schedule:
(1) “Baseline Conditions” means:
(a) the infrastructure supplying
water;
(b) the rules for allocating water and for
water management systems applying;
(c) the operating efficiency of water
management systems; and
(d) existing entitlements to take and use water
and the extent to which those entitlements were used,
within the Murray-Darling Basin as at the Corporatisation Date;
(2) “Corporatisation Date” means the date on which the
Snowy Mountains Hydro-electric Power Act 1949 (Cth) is repealed by the
Snowy Hydro Corporatisation Act 1997 (Cth);
(3) “Environmental Entitlement” means:
(a) a category of environmental water referred
to in section 8 of the Water Management Act 2000 (NSW); and
(b) a bulk entitlement granted under the
Water Act 1989 (Vic) that includes conditions relating to
environmental purposes;
in both cases comprising a volume of water derived from either or both of
Water Savings and Water Entitlements;
(4) “Goulburn River System” means the Broken, Goulburn,
Campaspe and Loddon Rivers and the water supply systems supplied by those
rivers;
(5) “Licensee” means the licensee under the Snowy Water
Licence;
(6) “Long Term Diversion Cap” means the long term
diversion cap for the State of New South Wales or the State of Victoria under
clauses 4 and 5 respectively of Schedule F;
(7) “Lower Darling River System” means the Darling River
and its anabranch system from the upstream extent of the Menindee Lakes Storage
and downstream and the water supply systems supplied by that River;
(8) “Month” means calendar month and
“Monthly” means each calendar month;
(9) “Mowamba Borrowings Account” means the water account
to be maintained by the Licensee under the Snowy Water Licence to account for
flows made under the Snowy Water Licence from the Mowamba River and Cobbon Creek
in the first three years after the Corporatisation Date;
(10) “Murrumbidgee River System” means the Murrumbidgee
River and the water supply systems supplied by that river;
(11) “Relaxation Volume” has the same meaning as in the
Snowy Water Licence as at the Corporatisation Date;
(12) “Reliability” with respect to a supply of water
means the statistical probability of being able to supply a particular volume in
any Water Year;
(13) “Required Annual Release” has the same meaning as
in the Snowy Water Licence taken as a whole as at the Corporatisation Date. For
the avoidance of doubt, “Required Annual Release” is not a reference
to “Agreed Annual Release” under that Licence and a change to the
Snowy Water Licence after the Corporatisation Date will not affect the
calculation of Required Annual Releases for the purposes of this
Schedule;
(14) “Required Annual Release Shortfall” means, in any
Water Year, the volume by which the Required Annual Release from the
Snowy-Murray Development in that Water Year exceeds the actual release from the
Snowy Scheme to the catchment of the River Murray upstream of Hume Dam in that
Water Year;
(15) “River Murray Above Target Releases” means, in any
Water Year, water that is released from the Snowy Scheme to the catchment of the
River Murray upstream of Hume Dam in excess of the Required Annual Release from
the Snowy-Murray Development in that Water Year;
(16) “River Murray Annual Allocation” with respect to
each Water Year means the annual allocation from the River Murray Apportioned
Entitlement determined by New South Wales;
(17) “River Murray Apportioned Entitlement” means the
volume of water from the Environmental Entitlements that is apportioned to the
River Murray Increased Flows by New South Wales;
(18) “River Murray Increased Flows” means releases of
water from major storages made by the Commission in accordance with Part V
of this Schedule;
(19) “River Murray Increased Flows Accounts” means the
water accounts to be maintained by the Commission under clause 21 of this
Schedule;
(20) “River Murray Increased Flows in Commission Storages
Account” means the water account to be maintained by the Commission
under paragraph 21(1)(b) of this Schedule;
(21) “River Murray System” means the aggregate
of:
(a) the River Murray;
(b) all tributaries entering the River Murray
upstream of Doctors Point;
(c) the Ovens River; and
(d) the Lower Darling River System;
(22) “Seasonal Availability” with respect to the water
to which an entitlement refers means:
(a) for that part of the entitlement whose
availability is determined by reference to seasonal allocations: the final
seasonal allocation announcement of the relevant State during the previous Water
Year; and
(b) for that part of the entitlement whose
availability is determined by reference to the entitlement of South Australia:
the allocated volume received during the previous Water Year by South Australia
as a proportion of its entitlement during that Water Year under this
Agreement;
(23) “Snowy Montane Rivers External Increased Flows”
means releases of water made by the Licensee to montane rivers under the
environmental flow requirements of the Snowy Water Licence which would have
flowed through either:
(a) the Murray 1 Power Station in the case of
the Snowy-Murray Development; or
(b) Jounama Pondage in the case of the
Snowy-Tumut Development,
if it were not released for environmental purposes;
(24) “Snowy-Murray Development” means the component of
the Snowy Scheme comprising works that regulate the waters of the Upper Snowy
River, the Geehi River and Bogong Creek;
(25) “Snowy-Murray Development Annual Allocation” means
the annual allocation for any Water Year for the Snowy-Murray Development
determined by New South Wales by reference to the Seasonal Availability of the
water contained in the Snowy-Murray Development Designated
Entitlement;
(26) “Snowy-Murray Development Designated Entitlement”
means that part of the Environmental Entitlements designated against the
Snowy-Murray Development by New South Wales;
(27) “Snowy-Murray Development (River Murray) Environmental
Entitlements” means both:
(a) a category of environmental water referred
to in section 8 of the Water Management Act 2000 (NSW); and
(b) a bulk entitlement granted under the
Water Act 1989 (Vic) that includes conditions relating to the
protection of the environment,
in both cases comprising a volume of water derived from either or both of
Water Savings and Water Entitlements sourced from the River Murray System or the
Goulburn River System;
(28) “Snowy Notional Spill” means:
(a) in the case of the Snowy-Murray
Development: the calculated active volume of water belonging to the
Snowy-Murray Development stored in Eucumbene Reservoir exceeding 2,019
GL and accounted as a loss from the
Snowy-Murray Development and a gain to the Snowy-Tumut Development;
(b) in the case of Snowy-Tumut
Development: the calculated active volume of water belonging to the
Snowy-Tumut Development stored in Eucumbene Reservoir exceeding 2,348 GL and
accounted as a loss from the Snowy-Tumut Development and a gain to the
Snowy-Murray Development;
(29) “Snowy River” means the Snowy River downstream of
Jindabyne Dam;
(30) “Snowy River Annual Allocation” means the annual
allocation from the Snowy River Apportioned Entitlement for any Water Year,
determined by New South Wales;
(31) “Snowy River Apportioned Entitlement” means the
volume of water from the Environmental Entitlements apportioned to environmental
flows from the Snowy Scheme to the Snowy River, by New South Wales;
(32) “Snowy Scheme” means the dams, tunnels, power
stations, aqueducts and other structures that comprise the Snowy-Murray
Development and the Snowy-Tumut Development, that together are known as the
Snowy Mountains Hydro-electric Scheme;
(33) “Snowy-Tumut Development” means the component of
the Snowy Scheme comprising works that regulate the waters of the Eucumbene
River, the Tooma River, the Upper Murrumbidgee River and the Upper Tumut
River;
(34) “Snowy-Tumut Development Annual Allocation” with
respect to each Water Year means the annual allocation for the Snowy-Tumut
Development determined by New South Wales by reference to the Seasonal
Availability of the water contained in the Snowy-Tumut Development Designated
Entitlement;
(35) “Snowy-Tumut Development Designated Entitlement”
means that part of the Environmental Entitlements designated against the
Snowy-Tumut Development by New South Wales;
(36) “Snowy Water Licence” means the licence issued
under Part 5 of the Snowy Hydro Corporatisation Act 1997 (NSW);
(37) “Strategy” means the strategy for retaining and
releasing River Murray Increased Flows determined under paragraph 20(1)(a) of
this Schedule;
(38) “Translation Factors” means the translation
factors used to convert Water Savings and Water Entitlements into an
Environmental Entitlement with specified Reliability;
(39) “Upper Snowy River” means the Snowy River upstream
of Jindabyne Dam (including the Mowamba River and the Cobbon Creek) but
excluding the Eucumbene River;
(40) “Water Entitlement” means:
(a) an access licence granted under the Water
Management Act 2000 (NSW); and
(b) a water right, licence to take and use
water or bulk entitlement under the Water Act 1989 (Vic) together
with any transferable allocation of sales water made to the holder of such a
water right or licence,
in either case purchased for the purpose of achieving either or both
of:
(c) environmental flows from the Snowy Scheme;
and
(d) River Murray Increased Flows;
(41) “Water Market” means, with respect to a Water
Entitlement, the market from which the relevant Water Entitlement is
drawn;
(42) “Water Savings” means the volume of water saved
through one or more projects that saves water:
(a) by reducing transmission losses,
evaporation or system inefficiencies; or
(b) by achieving either or both of water
management and environmental improvements,
for diversions from the River Murray System and either or both of
Murrumbidgee River System and the Goulburn River System for the purpose of
achieving:
(c) environmental flows from the Snowy Scheme;
and
(d) River Murray Increased Flows;
(43) “Water Year” means the period of 12 Months
commencing on 1 May in each year.
PART II: CALCULATING WATER VOLUMES
3. The Snowy Scheme And The River Murray
(1) In this Agreement, “Water
Available to the Snowy-Murray Development” means:
|
|
Water of the Upper Snowy River regulated by the Snowy Scheme |
|
PLUS |
water of the Geehi River and Bogong Creek regulated by the Snowy
Scheme |
|
PLUS |
any Snowy Notional Spill from the Snowy-Tumut Development to the
Snowy-Murray Development |
|
PLUS |
the transfer from the Snowy-Tumut Development to the Snowy-Murray
Development of the Snowy-Tumut Development Annual Allocation |
|
PLUS |
4.5 GL per Water Year transferred from the Snowy-Tumut Development to the
Snowy-Murray Development |
|
PLUS |
half of the balance of the Mowamba Borrowings Account |
|
MINUS |
any Snowy Notional Spill from the Snowy-Murray Development to the
Snowy-Tumut Development. |
(2) In this Agreement, “Net
Snowy-Murray Development Diversions to the River Murray” means the
volume of water calculated as follows:
|
|
Water Available to the Snowy-Murray Development released by the Snowy
Scheme to the catchment of the River Murray upstream of Hume Dam |
|
MINUS |
the water of the Tooma River regulated by the Snowy Scheme |
|
MINUS |
the natural flows of the Geehi River and Bogong Creek regulated by the
Snowy Scheme. |
(3) In this Agreement, “Murray to
Murrumbidgee Inter-Valley Transfer” means the volume of Water
Available to the Snowy-Murray Development released by the Snowy Scheme to the
catchment of the Murrumbidgee River.
4. The Snowy Scheme And The Murrumbidgee River
(1) In this Agreement, “Water
Available to the Snowy-Tumut Development” means:
|
|
The water of the Eucumbene River, the Tooma River, the Upper Murrumbidgee
River and the Upper Tumut River regulated by the Snowy Scheme |
|
PLUS |
any Snowy Notional Spill from the Snowy-Murray Development to the
Snowy-Tumut Development |
|
MINUS |
half of the balance of the Mowamba Borrowings Account |
|
MINUS |
any Snowy Notional Spill from the Snowy-Tumut Development to the
Snowy-Murray Development |
|
MINUS |
the transfer from the Snowy-Tumut Development to the Snowy-Murray
Development of the Snowy-Tumut Development Annual Allocation |
|
MINUS |
4.5 GL per Water Year transferred from the Snowy-Tumut Development to the
Snowy-Murray Development. |
(2) In this Agreement, “Murrumbidgee
to Murray Inter-Valley Transfer” means the volume of Water Available
to the Snowy-Tumut Development released by the Snowy Scheme to the catchment of
the River Murray upstream of Hume Dam.
5. Excess Snowy River Releases
In this Agreement, “Excess Snowy River Releases” means
the greater of zero and the volume of water calculated as follows:
|
|
The regulated releases made to the Snowy River in the relevant Water Year,
measured immediately below the confluence of the Snowy River and the Mowamba
River |
|
MINUS |
9 GL |
|
MINUS |
the Snowy River Annual Allocation in the relevant Water Year |
|
MINUS |
the change in the balance of the Mowamba Borrowings Account during the
relevant Water Year. |
6. Snowy River Release Shortfalls
In this Agreement, “Snowy River Release Shortfalls”
means the greater of zero and the volume of water calculated as
follows:
|
|
The Snowy River Annual Allocation in the relevant Water Year |
|
PLUS |
9 GL |
|
PLUS |
the change in the balance of the Mowamba Borrowings Account from the
commencement to the end of the relevant Water Year |
|
MINUS |
the regulated releases made to the Snowy River in the relevant Water Year,
measured immediately below the confluence of the Snowy River and the Mowamba
River. |
7. Accounting For Water Releases
For the purposes of this Agreement, water releases from the Snowy-Murray
Development to the catchment of the River Murray upstream of Hume Dam are to be
accounted as:
(1) water releases as at Murray 1 Power
Station; and
(2) any water that would have passed through
the Murray 1 Power Station but does not:
(a) for operational reasons; or
(b) because it is released from the Snowy Scheme as Snowy Montane Rivers
External Increased Flows,
and that flows into the catchment of the River Murray upstream of Hume
Dam.
PART III: WATER ACCOUNTING
8. Entitlements Of New South Wales And Victoria To Use
Water
The volume of water referred to in paragraph 91(1)(e) of the Agreement is
calculated as follows:
|
|
The Net Snowy-Murray Development Diversions to the River Murray |
|
PLUS |
Murray to Murrumbidgee Inter-Valley Transfers |
|
PLUS |
the Required Annual Release Shortfall |
|
PLUS |
the Snowy-Murray Development Annual Allocation |
|
PLUS |
Excess Snowy River Releases in excess of the volume of the Snowy River
Release Shortfall in the previous Water Year |
|
MINUS |
At the discretion of the Commission, Murrumbidgee to Murray Inter-Valley
Transfers |
|
MINUS |
the Required Annual Release Shortfall from the previous Water
Year |
|
MINUS |
River Murray Above Target Releases allocated to the River Murray Increased
Flows received by Hume Reservoir. |
9. Water Estimated To Be Under The Control Of The
Commission
Water referred to in paragraph 98(e) of the Agreement is estimated as
follows:
|
|
The Net Snowy-Murray Development Diversions to the River Murray |
|
PLUS |
Murray to Murrumbidgee Inter-Valley Transfers |
|
PLUS |
the Required Annual Release Shortfall |
|
PLUS |
the Snowy-Murray Development Annual Allocation |
|
PLUS |
Excess Snowy River Releases in excess of the volume of the Snowy River
Release Shortfall in the previous Water Year |
|
MINUS |
at the discretion of the Commission, Murrumbidgee to Murray Inter-Valley
Transfers |
|
MINUS |
the Required Annual Release Shortfall from the previous Water
Year |
|
MINUS |
River Murray Above Target Releases allocated to the River Murray Increased
Flows received by Hume Reservoir, |
in each case before the end of the following May.
10. Allocation of Water to New South Wales and
Victoria
The volume of water referred to in paragraph 103(1)(b) of the Agreement is
calculated as follows:
|
|
The Net Snowy-Murray Development Diversions to the River Murray |
|
PLUS |
Murray to Murrumbidgee Inter-Valley Transfers |
|
PLUS |
the Required Annual Release Shortfall |
|
PLUS |
the Snowy-Murray Development Annual Allocation |
|
PLUS |
Excess Snowy River Releases in excess of the volume of the Snowy River
Release Shortfall in the previous Water Year |
|
MINUS |
at the discretion of the Commission, Murrumbidgee to Murray Inter-Valley
Transfers |
|
MINUS |
the Required Annual Release Shortfall from the previous Water
Year |
|
MINUS |
River Murray Above Target Releases allocated to the River Murray Increased
Flows received by Hume Reservoir. |
11. Tributary Inflows
(1) The volume of water referred to in
sub-clause 105(2) of the Agreement is calculated as follows:
|
|
The component of the Required Annual Release Shortfall from the previous
Water Year allocated to New South Wales under sub-clause 13(2) of this
Schedule |
|
PLUS |
half of the River Murray Above Target Releases allocated to the River
Murray Increased Flows received by Hume Reservoir |
|
PLUS |
half of the Excess Snowy River Release up to the volume of half of the
Snowy River Release Shortfall in the previous Water Year for which an adjustment
was made under sub-clauses 11(2) and 12(1) of this Schedule in the previous
Water Year |
|
PLUS |
at the discretion of the Commission, Murrumbidgee to Murray Inter-Valley
Transfers. |
(2) The volume of water referred to in
sub-clause 105(3) of the Agreement is calculated as follows:
|
|
The component of the Required Annual Release Shortfall from the previous
Water Year allocated to Victoria under sub-clause 13(2) of this
Schedule |
|
PLUS |
half of the River Murray Above Target Releases allocated to the River
Murray Increased Flows received by Hume Reservoir |
|
PLUS |
half of the Snowy River Release Shortfall, unless Victoria has previously
advised the Commission that Victoria waives this element of its allocation in
any Water Year. |
12. Use By New South Wales And Victoria Of Allocated
Water
(1) The quantity of water referred to in
paragraph 106(b) of the Agreement is calculated as follows:
|
|
Murray to Murrumbidgee Inter-Valley Transfers |
|
PLUS |
Excess Snowy River Releases in excess of the volume of the Snowy River
Release Shortfall in the previous Water Year |
|
PLUS |
the Snowy-Murray Development Annual Allocation sourced from New South
Wales |
|
PLUS |
the component of the Required Annual Release Shortfall allocated to New
South Wales under sub-clause 13(1) of this Schedule |
|
PLUS |
unless otherwise agreed with Victoria, half of the Snowy River Release
Shortfall. |
(2) The quantity of water referred to in
paragraph 106(c) of the Agreement is calculated as follows:
|
|
The Snowy-Murray Development Annual Allocation sourced from
Victoria |
|
PLUS |
the component of the Required Annual Release Shortfall allocated to
Victoria under sub-clause 13(1) of this Schedule |
|
PLUS |
half of the Excess Snowy River Release up to the volume of half of the
Snowy River Release Shortfall in the previous Water Year for which an adjustment
was made under sub-clauses 11(2) and 12(1) of this Schedule in the previous
Water Year, (such adjustments to reflect any waiver or agreement with Victoria
as referred to in those sub-clauses). |
13. Required Annual Release Shortfalls
(1) If at the end of a Water Year there is a
Required Annual Release Shortfall, the Required Annual Release Shortfall is to
be accounted for by the Commission in accordance with Table One.
TABLE ONE: WATER ACCOUNTING AND REQUIRED ANNUAL RELEASE
SHORTFALLS
|
|
ARRANGEMENT WITH RESPECT TO REQUIRED ANNUAL RELEASE
SHORTFALL |
|
|---|---|---|
|
Water Year during which a period of special accounting is not in
effect |
Victoria agrees to the Required Annual Release Shortfall |
New South Wales and Victoria deemed to each have used the Required Annual
Release Shortfall as agreed |
|
|
Victoria does not agree to the Required Annual Release Shortfall |
New South Wales deemed to have used the whole of the Required Annual
Release Shortfall |
|
Water Year during which a period of special accounting is in
effect |
Victoria and the Commission agree to the Required Annual Release Shortfall
|
New South Wales and Victoria deemed to each have used the Required Annual
Release Shortfall as agreed |
|
|
The Commission does not agree to the Required Annual Release
Shortfall |
New South Wales deemed to have used the whole of the Required Annual
Release Shortfall |
(2) The volume of any Required Annual Release
Shortfall from the previous Water Year must be allocated equally between New
South Wales and Victoria until the balance of Required Annual Release Shortfalls
for either State is zero and thereafter wholly to the other State.
14. Other Water Accounting Provisions
(1) Where under this Schedule the Commission is
required to adjust accounts in connection with the Snowy-Murray Development
Annual Allocation, it must make those adjustments in equal Monthly
quantities.
(2) Where under this Schedule the Commission is
required to adjust accounts in connection with inter-valley transfer, it must
make those adjustments in equal Monthly quantities during the balance of the
Water Year in which New South Wales notifies the Commission of the relevant
inter-valley transfer.
(3) Each release of River Murray Increased
Flows must be allocated half to New South Wales and half to Victoria.
PART IV: SNOWY-MURRAY DEVELOPMENT (RIVER MURRAY)
ENVIRONMENTAL ENTITLEMENTS
15. Translation Factors
(1) New South Wales and Victoria must each
transfer Water Savings and Water Entitlements to its respective Snowy-Murray
Development (River Murray) Environmental Entitlement in accordance with
Translation Factors agreed between each of them and the Commission.
(2) New South Wales, Victoria and the
Commission must ensure that:
(a) the Translation Factors are determined in a
manner consistent with the principles used to determine exchange rates in the
relevant Water Market at the time of each transfer under sub-clause 18(2)
of this Schedule; and
(b) the use of Translation Factors to transfer
Water Savings and Water Entitlements to a Snowy-Murray Development (River
Murray) Environmental Entitlement will not have a significant adverse impact
on:
(i) the level of Reliability of entitlements to water diverted from the
River Murray System, the Murrumbidgee River System and the Goulburn River
System;
(ii) the environmental benefits related to the quantity and timing of water
flows for environmental purposes in the River Murray System, the Murrumbidgee
River System and the Goulburn River System;
(iii) the Seasonal Availability of the entitlement to be received during
that Water Year by South Australia under this Agreement; and
(iv) water quality in the River Murray in South Australia.
16. Apportionment Of Environmental Entitlements
New South Wales and Victoria must notify the Commission of how each
Environmental Entitlement has been apportioned between:
(1) the Snowy River Apportioned Entitlement;
and
(2) the River Murray Apportioned
Entitlement.
17. Valley Accounts
If:
(1) New South Wales or Victoria transfers
either or both of Water Savings and Water Entitlements to an Environmental
Entitlement; and
(2) the source of that water is from a valley
for which the Commission maintains a valley account,
New South Wales or Victoria (as the case may be) must notify the Commission
of the volume and reliability of the entitlement required to be added to the
relevant valley account to generate the Environmental Entitlement.
18. Long Term Diversion Caps
(1) Prior to New South Wales or Victoria
transferring either or both of Water Savings and Water Entitlements to an
Environmental Entitlement, the relevant State must calculate the equivalent
volume by which its Long Term Diversion Cap must be reduced.
(2) If New South Wales or Victoria transfers
either or both of Water Savings and Water Entitlements to an Environmental
Entitlement, at the same time the relevant State must advise the Commission of
its calculation as to the volume by which its Long Term Diversion Cap must be
reduced.
(3) If the Commission is satisfied with the
appropriateness of a calculation advised under sub-clause 18(2), it must
recommend to the Ministerial Council that the relevant Long Term Diversion Cap
be amended in accordance with the calculation.
(4) If the Commission is not satisfied with the
appropriateness of a calculation advised under sub-clause 18(2), the
Commission must arrange for the relevant volume referred to in
sub-clause 18(1) to be re-calculated in consultation with the relevant
State.
(5) If a majority of the Commissioners is
satisfied with the appropriateness of a calculation made under
sub-clause 18(4), the Commission must recommend to the Ministerial Council
that the relevant Long Term Diversion Cap be amended in accordance with the
calculation.
(6) Despite paragraph 8(b) of Schedule F, the
Ministerial Council must amend a Long Term Diversion Cap in accordance with any
recommendation made by the Commission under sub-clause 18(3) or
18(5).
PART V: RIVER MURRAY INCREASED FLOWS
19. Obligation Of Commission To Make River Murray Increased
Flows
Subject to this Part, the Commission must release River Murray Increased
Flows.
20. Environmental Objectives And Strategy For River Murray Increased
Flows
(1) Before the commencement of the second
complete Water Year after the Corporatisation Date, the Ministerial Council must
determine:
(a) a strategy for retaining and releasing
River Murray Increased Flows to be implemented by the Commission; and
(b) the environmental objectives for the River
Murray Increased Flows,
in accordance with the provisions of this clause.
(2) The Strategy:
(a) must include a provision to the effect that
River Murray Increased Flows have first priority from River Murray Above Target
Releases;
(b) may provide that water credited to the
River Murray Increased Flows in Commission Storages Account need not be released
during the Water Year in which it is credited;
(c) unless the Ministerial Council otherwise
determines, must not have a significant adverse impact upon the security of
entitlements to water;
(d) must integrate the environmental objectives
for the River Murray Increased Flows with other environmental initiatives on the
River Murray;
(e) must include adaptive management principles
to allow the ability to optimise environmental benefits; and
(f) must prescribe appropriate environmental
reporting and monitoring conditions.
(3) The Ministerial Council must determine the
environmental objectives and Strategy in accordance with the following
principles:
(a) Natural diversity of habitats and biota
within the river channel, riparian zone and the floodplain should be maintained
or enhanced.
(b) Natural linkages between the river and the
floodplain should be maintained or enhanced.
(c) Natural metabolic functioning of aquatic
ecosystems should be maintained or enhanced.
(d) Elements of the natural flow regime, in
particular, seasonality should be retained or enhanced as far as possible, in
the interests of conserving a niche for native rather than invasive exotic
species and in maintaining the natural functions of the river.
(e) Consistent and constant flow and water
level regimes should be avoided where practical, as this is contrary to the
naturally variable flow regime of the River Murray.
(f) The general principles of ecosystem
services should be recognised.
(g) Environmental benefit should be
optimised.
(4) The Ministerial Council may from time to
time by resolution amend the environmental objectives and the
Strategy.
(5) As soon as practicable after the end of
each Water Year, the Commission must report to the Contracting Governments on
the environmental outcomes of the River Murray Increased Flows during that Water
Year, in the light of the objectives determined by the Ministerial Council for
those Increased Flows.
21. Commission To Maintain River Murray Increased Flows
Accounts
(1) The Commission must maintain continuous
water accounts of the River Murray Increased Flows to be known as:
(a) the Initial River Murray Increased Flows
Account; and
(b) the River Murray Increased Flows in
Commission Storages Account.
(2) The Commission must:
(a) credit the Initial River Murray Increased
Flows Account with the River Murray Annual Allocation notified by New South
Wales;
(b) transfer from the Initial River Murray
Increased Flows Account to the River Murray Increased Flows in Commission
Storages Account, River Murray Above Target Releases allocated to the River
Murray Increased Flows in accordance with the Strategy;
(c) record in the River Murray Increased Flows
in Commission Storages Account the transfer of water in that account between
Commission storages; and
(d) record in the River Murray Increased Flows
in Commission Storages Account the release of River Murray Increased Flows from
Commission storages.
(3) The River Murray Increased Flows Accounts
must be independently audited unless the Commission by resolution declares
otherwise.
(4) As soon as practicable after the completion
of each audit, the Commission must send a copy of the audited River Murray
Increased Flows Accounts to the Contracting Governments.
22. Implementing the Strategy
The Commission must commence to implement the Strategy on the later
of:
(1) the beginning of the second complete Water
Year occurring after the Corporatisation Date; and
(2) the receipt by Hume Reservoir from the
Snowy Scheme of River Murray Above Target Releases allocated to the River Murray
Increased Flows.
23. Binding Effect of Strategy
Despite any other provision in this Agreement, the
Commission must:
(1) allocate River Murray Above Target Releases
to the River Murray Increased Flows Accounts; and
(2) manage the water in and releases of water
from the River Murray Increased Flows in Commission Storages Account,
in accordance with the Strategy.
PART VI: NOTIFICATION AND CONSULTATION
PROVISIONS
24. Commission To Be Informed Of New Proposals
A Contracting Government must inform the Commission of any
proposal:
(1) to achieve Water Savings or to purchase
Water Entitlements for the purpose of transferring those Water Savings or Water
Entitlements to the Environmental Entitlements; or
(2) to modify the reliability of a supply of
water pursuant to an Environmental Entitlement,
in accordance with sub-clause 46(4) of the Agreement.
25. Snowy Scheme Annual Water Operating Plan
(1) The parties acknowledge that as a result of
provisions in the Snowy Water Licence and a deed between the Commonwealth, New
South Wales and Victoria as at the Corporatisation Date, the Licensee is bound
to consult with others, including the Commission, while developing each Annual
Water Operating Plan and any variation to each Plan.
(2) The Commonwealth, New South Wales and
Victoria must:
(a) ensure the direct participation by the
Commission in each consultation referred to in sub-clause 25(1) or held
under any varied consultation arrangements; and
(b) consult with the Commission before varying
existing consultation arrangements.
26. Notifications Required
(1) Each Contracting Government must, at the
time specified by the Commission, notify the Commission of such water volumes
and estimates as are reasonably requested by the Commission to enable it to make
calculations referred to in this Schedule.
(2) The Commission must, at any time specified
by New South Wales, notify New South Wales of such water volumes and estimates
calculated by the Commission by reference to the Baseline Conditions as are
reasonably requested by New South Wales, to enable New South Wales to calculate
the Required Annual Release.
PART VII: ANALYTICAL MODELS
27. Developing Analytical Models
(1) The Commission must develop an analytical
model for determining, in the case of the River Murray System:
(a) storage volumes; and
(b) total diversions,
that would have occurred under Baseline Conditions.
(2) New South Wales must develop an analytical
model for determining, in the case of the Murrumbidgee River System:
(a) storage volumes; and
(b) total diversions,
that would have occurred under Baseline Conditions.
(3) An analytical model developed under this
clause:
(a) must be the best model available to the
Commission or New South Wales, from time to time, for the purpose of calculating
the timing and quantity of the Relaxation Volume under Baseline Conditions;
and
(b) must be tested against relevant historical
data to determine the accuracy of the model.
(4) New South Wales may at its own cost engage
an independent auditor to evaluate whether the model developed under
sub-clause 27(1) of this Schedule is:
(a) the best available to the Commission;
and
(b) accurate.
PART VIII: OTHER PROVISIONS
28. Inter-Valley Water Transfers
(1) To facilitate water transfers, the
Commission may request New South Wales to release:
(a) Water Available to the Snowy-Murray
Development to each or both of the Tumut River catchment and the Murrumbidgee
River catchment; or
(b) Water Available to the Snowy-Tumut
Development to the River Murray catchment upstream of Hume Dam.
(2) If New South Wales agrees with the request
made under sub-clause 28(1) of this Schedule, any inter-valley transfer
referred to in sub-clause 28(1) must be converted into an allocation to New
South Wales of water in Hume Reservoir.
EXECUTED as an agreement
|
SIGNED by the Honourable JOHN W HOWARD MP, Prime Minister of the
Commonwealth of Australia, in the presence of— |
üïýïþ |
[Signature omitted] |
|
|
SIGNED by the Honourable ROBERT J CARR MP, Premier of the State
of New South Wales, in the presence of— |
üïýïþ |
[Signature omitted] |
|
|
SIGNED by the Honourable STEPHEN P BRACKS MP, Premier of the
State of Victoria, in the presence of— |
üïýïþ |
[Signature omitted] |
|
|
SIGNED by the Honourable MICHAEL D RANN MP, Premier of the State
of South Australia, in the presence of— |
üïýïþ |
[Signature omitted] |
|