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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 20
As laid on the table and read a first time, 31 May 2006
South Australia
Murray-Darling
Basin (Amending Agreement) Amendment Bill 2006
A Bill For
An
Act to amend the Murray-Darling Basin Act 1993.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Murray-Darling
Basin Act 1993
4 Amendment of section 4—Interpretation
5 Insertion of section 5A
5A Approval of Amending Agreement
6 Substitution of heading to Schedule
7 Insertion of Schedule 2
Schedule 2—Murray-Darling Basin Amending
Agreement
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Murray-Darling Basin (Amending
Agreement) Amendment Act 2006.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Murray-Darling Basin Act 1993
4—Amendment of section 4—Interpretation
Section 4(1), definition of Agreement—delete
the definition and substitute:
Agreement means the agreement, the text of which is
set out in Schedule 1, as the agreement is—
(a) deemed
to be amended from time to time under clause 50 or 134 of the agreement;
and
(b) amended
by the Amending Agreement;
Amending Agreement means the agreement, the text of which is set out in
Schedule 2;
After section 5 insert:
5A—Approval
of Amending Agreement
The Amending Agreement is approved.
6—Substitution of heading to Schedule
Heading to Schedule—delete the heading and
substitute:
Schedule 1—Murray-Darling Basin Agreement
1992
After the existing Schedule insert:
Schedule 2—Murray-Darling
Basin Amending Agreement
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;".
"(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).
(13) Clause
132 of the Agreement is deleted and the following clause inserted in its stead—
(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
TYPE OF WATER YEAR |
ARRANGEMENT WITH RESPECT TO REQUIRED
ANNUAL RELEASE SHORTFALL |
WATER ACCOUNTING OUTCOMES |
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.
SIGNED by the Honourable JOHN W
HOWARD MP, Prime Minister of the Commonwealth of Australia in the
presence of MALCOLM HAZELL |
} |
JOHN HOWARD |
SIGNED by the Honourable ROBERT J
CARR MP, Premier of the State of New South Wales, in the presence of NICHOLAS ROWLEY |
} |
BOB CARR |
SIGNED by the Honourable STEPHEN P
BRACKS MP, Premier of the State of Victoria, in the presence of ROBERT HUDSON |
} |
STEVE BRACKS |
SIGNED by the Honourable MICHAEL D RANN MP, Premier of
the State of South Australia, in the presence of PAMELA JANE MARTIN |
} |
MICHAEL RANN |