Commonwealth Consolidated Regulations

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WATER REGULATIONS 2008 - REG 11A.02

State plans that prevail over Basin Plan

  (1)   The operation of section   241 of the Act is modified so that:

  (a)   a plan specified in Part   1 of Schedule   5 (the State Plan ) as in force on the accreditation day specified for the State Plan; and

  (b)   any instrument made under or for the purposes of the State plan;

is a transitional water resource plan for the water resource plan area specified for the State Plan.

  (2)   However, subregulation   (1) operates only to the extent to which:

  (a)   the State plan or instrument relates to:

  (i)   the water resources of the water resource plan area; and

  (ii)   the matters referred to in subsection   22(1) of the Act, other than water trading rules; and

  (b)   there is an inconsistency between a provision of the State plan or instrument and a provision of the Basin Plan.

Note:   For the definition of water trading rules , see subsection   4(1) of the Act.

  (3)   The operation of section   243 of the Act is modified so that the State plan is taken to have been accredited by the Minister under section   63 of the Act on the accreditation day specified in Part   1 of Schedule   5 for the plan.

  (4)   To avoid doubt, all other provisions in the Act in relation to transitional water resource plans operate without modification and a reference to a transitional water resource plan is taken to be a reference to the State Plan.

  (5)   This regulation applies in relation to a State plan for the period starting on the start day and ending on the end day specified in Part   1 of Schedule   5 for the plan.



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