Note: See subsection 86A(2) of the Act for the meaning of critical human water needs.
11.01 Simplified outline
(2) This Chapter sets out the following matters in relation to critical human water needs (sections 86B, 86C, 86D and 86E of the Act):
(a) the amount of water required to meet critical human water needs, and the water quality and salinity trigger points (Part 2);
(b) monitoring, assessment and risk management relating to critical human water needs (Part 3);
(c) matters in relation to Tier 2 water sharing arrangements (Part 4);
(d) matters in relation to Tier 3 water sharing arrangements (Part 5).
11.02 Definitions
In this Chapter:
water accounting period
means a period of 12 months
beginning on 1 June of any year.
water quality characteristic
means a water quality characteristic, within the meaning of the ADWG, for which the ADWG sets out a health
‑
related guideline value.
11.01 Simplified outline
11.01 Simplified outline
(2) This Chapter sets out the following matters in relation to critical human water needs (sections 86B, 86C, 86D and 86E of the Act):
(a) the amount of water required to meet critical human water needs, and the water quality and salinity trigger points (Part 2);
(b) monitoring, assessment and risk management relating to critical human water needs (Part 3);
(c) matters in relation to Tier 2 water sharing arrangements (Part 4);
(d) matters in relation to Tier 3 water sharing arrangements (Part 5).
11.02 Definitions
11.02 Definitions
In this Chapter:
water accounting period
means a period of 12 months
beginning on 1 June of any year.
water quality characteristic
means a water quality characteristic, within the meaning of the ADWG, for which the ADWG sets out a health
‑
related guideline value.
Part 2 Water required to meet critical human water needs
Part 2—Water required to meet critical human water needs
11.03 Amount of water required to meet critical human water needs (Act paragraph 86B(1)(a))
For each Basin State that is a referring State (other than Queensland) the amount of water required to meet the critical human water needs of the communities in the State that are dependent on the waters of the River Murray System is:
(a) New South Wales—61 GL per water accounting period;
(b) Victoria—77 GL per water accounting period;
(c) South Australia—204 GL per water accounting period.
11.04 Conveyance water required to deliver water for critical human water needs (Act paragraph 86B(1)(b))
The amount of conveyance water required to deliver the water referred to in section 11.03 is 1,596 GL per water accounting period.
Note 1: The amount specified in this section is based on observed losses from the major storages and the River Murray upstream of the South Australian border during years of low water availability. The amount specified in this section also includes the amount specified in clause 88(b) of the Agreement.
Note 2: See subsection 86A(4) of the Act for the meaning of conveyance water.
11.05 Water quality and salinity trigger points (Act paragraph 86B(1)(c))
(1) This section specifies water quality trigger points and salinity trigger points at which water in the River Murray System becomes unsuitable for meeting critical human water needs.
Note: Section 86F of the Act provides for emergency responses when a water quality trigger point or a salinity trigger point specified in this Part is reached.
Salinity trigger points
(2) A salinity trigger point is reached if a member of the Basin Officials Committee advises the Authority that:
(a) a water supply authority has taken raw water from the River Murray System, at any site at or upstream from Wellington, for the purpose of treatment and supply for human consumption; and
(b) the level of salinity in that water is 1,400 EC (µS/cm) or greater.
Water quality trigger points
(3) A water quality trigger point is reached if a member of the Basin Officials Committee advises the Authority that:
(a) a water supply authority has taken raw water from the River Murray System, at any site at or upstream from Wellington, for the purpose of treatment and supply for human consumption; and
(b) the level of a water quality characteristic of the water makes it impracticable for the water supply authority to treat the water so that it meets the relevant guideline values set out in the ADWG; and
(c) it is expected that it will continue to be impracticable to treat the water so that it meets the relevant guideline values set out in the ADWG.
11.03 Amount of water required to meet critical human water needs (Act paragraph 86B(1)(a))
11.03 Amount of water required to meet critical human water needs (Act paragraph 86B(1)(a))
For each Basin State that is a referring State (other than Queensland) the amount of water required to meet the critical human water needs of the communities in the State that are dependent on the waters of the River Murray System is:
(a) New South Wales—61 GL per water accounting period;
(b) Victoria—77 GL per water accounting period;
(c) South Australia—204 GL per water accounting period.
11.04 Conveyance water required to deliver water for critical human water needs (Act paragraph 86B(1)(b))
11.04 Conveyance water required to deliver water for critical human water needs (Act paragraph 86B(1)(b))
The amount of conveyance water required to deliver the water referred to in section 11.03 is 1,596 GL per water accounting period.
Note 1: The amount specified in this section is based on observed losses from the major storages and the River Murray upstream of the South Australian border during years of low water availability. The amount specified in this section also includes the amount specified in clause 88(b) of the Agreement.
Note 2: See subsection 86A(4) of the Act for the meaning of conveyance water.
11.05 Water quality and salinity trigger points (Act paragraph 86B(1)(c))
11.05 Water quality and salinity trigger points (Act paragraph 86B(1)(c))
(1) This section specifies water quality trigger points and salinity trigger points at which water in the River Murray System becomes unsuitable for meeting critical human water needs.
Note: Section 86F of the Act provides for emergency responses when a water quality trigger point or a salinity trigger point specified in this Part is reached.
Salinity trigger points Salinity trigger points
Salinity trigger points
(2) A salinity trigger point is reached if a member of the Basin Officials Committee advises the Authority that:
(a) a water supply authority has taken raw water from the River Murray System, at any site at or upstream from Wellington, for the purpose of treatment and supply for human consumption; and
(b) the level of salinity in that water is 1,400 EC (µS/cm) or greater.
Water quality trigger points Water quality trigger points
Water quality trigger points
(3) A water quality trigger point is reached if a member of the Basin Officials Committee advises the Authority that:
(a) a water supply authority has taken raw water from the River Murray System, at any site at or upstream from Wellington, for the purpose of treatment and supply for human consumption; and
(b) the level of a water quality characteristic of the water makes it impracticable for the water supply authority to treat the water so that it meets the relevant guideline values set out in the ADWG; and
(c) it is expected that it will continue to be impracticable to treat the water so that it meets the relevant guideline values set out in the ADWG.
Part 3 Monitoring, assessment and risk management
Part 3—Monitoring, assessment and risk management
Note: For the purposes of paragraph 86C(1)(a) of the Act, arrangements for monitoring matters that are relevant to critical human water needs are dealt with in Chapter 13.
11.06 Process for assessing inflow prediction (Act paragraph 86C(1)(b))
Part 3—Monitoring, assessment and risk management
Note: For the purposes of paragraph 86C(1)(a) of the Act, arrangements for monitoring matters that are relevant to critical human water needs are dealt with in Chapter 13.
11.06 Process for assessing inflow prediction (Act paragraph 86C(1)(b))
River Murray System
(1) The process by which the Authority must assess inflow prediction for the River Murray System involves:
(a) monitoring the volume of inflow; and
(b) having regard to the best available information about likely inflow, including:
(i) tributary inflow estimates provided by the Basin States; and
(ii) information about daily, monthly and seasonal rainfall, temperature and climate; and
(c) regularly reviewing trends in climate and inflow patterns.
Snowy water licence
(2) The processes by which the Authority must assess inflow prediction, in relation to works that are under the control of the body that is entitled, under the Snowy Hydro Corporatisation Act 1997 of New South Wales, to the Snowy water licence within the meaning of that Act, are set out in Part III of Schedule F to the Agreement.
Inflow prediction
(3) The Authority must use the processes set out in subsections (1) and (2) to prepare a range of predictions of possible inflow into the River Murray System.
11.07 Process for managing risks to critical human water needs associated with inflow prediction (Act paragraph 86C(1)(b))
(1) The Authority must manage the risks to critical human water needs in the River Murray System associated with inflow prediction in accordance with this section.
(2) Based on the inflow predictions and other information mentioned in section 11.06 and the forecasts of water quality mentioned in paragraph 11.08(1)(e), the Authority must identify risk factors and assess the risks of the following events:
(a) the full amount of the amount of conveyance water specified in section 11.04 will not be available;
(b) the full amount of water to be reserved under subsection 11.12(2) will not be available;
(c) water quality and salinity trigger points under section 11.05 will be reached.
(3) If the Authority’s assessment of inflow prediction indicates that advances under clause 102C of, or Schedule H to, the Agreement may be required in a water accounting period, the Authority must identify and assess the risks to critical human water needs associated with such advances.
(4) The Authority must manage the risks to critical human water needs associated with inflow prediction by managing the operation of the River Murray System in accordance with the Agreement having regard to:
(a) the efficient and effective operation of the River Murray System; and
(b) the need to operate the River Murray System so as to ensure that there is water in the system that is of a suitable quality to meet critical human water needs; and
(c) the water quality and salinity trigger points under section 11.05; and
(d) the need to undertake water resource assessments, including worst case planning water resource assessments; and
(e) the Authority’s obligations under clause 50 of the Agreement; and
(f) the need to set aside, and draw upon, a conveyance reserve in accordance with Division 2 of Part 4 of this Chapter; and
(g) the need to operate the River Murray System in co‑ordination with the operation of:
(i) works that are under the control of the body that is entitled, under the Snowy Hydro Corporatisation Act 1997 of New South Wales, to the Snowy water licence within the meaning of that Act; and
(ii) tributaries of the River Murray System, in particular the operation of the Goulburn River in Victoria and the Murrumbidgee River in New South Wales; and
(iii) the Menindee Lakes Storage when it is under the control of New South Wales.
11.08 Risk management approach for inter‑annual planning (Act paragraph 86C(1)(c))
(1) The Authority’s risk management approach for inter‑annual planning relating to arrangements for critical human water needs must be based on:
(a) the reserves policy specified in Division 2 of Part 4; and
(b) the inflow predictions and other information mentioned in section 11.06; and
(c) the risk assessments made, the risk management approaches and measures adopted, and the information gathered under section 11.07; and
(d) the efficient operation of the River Murray System in accordance with the Agreement and the ‘Objectives and Outcomes’ document prepared under clause 31 of the Agreement; and
(e) monitoring and forecasting of water quality in the River Murray System and communication between the Authority, Basin States and private providers of data about water quality.
(2) The Authority must have regard to:
(a) water resource assessments; and
(b) accounts kept by the Authority in accordance with Subdivision D of Division 1 of Part XII of the Agreement;
when making decisions about:
(c) the volume of water to be made available to the Basin States, in a particular year; and
(d) whether water is set aside in the conveyance reserve for future years.
Note: Part XII of the Agreement will also apply to the Authority in making such decisions.
(3) A Basin State must have regard to advice from the Authority regarding the volume of water to be made available to it in a particular year, when making decisions about whether water is made available for uses other than meeting critical human water needs.
(4) When Tier 3 water sharing arrangements apply, the Ministerial Council must have regard to the water accounts and water resource assessments when making decisions about:
(a) whether water is made available, in a particular year, for uses other than meeting critical human water needs; and
(b) whether water is set aside in the conveyance reserve for future years.
Note: Part 5 of this Chapter deals with when Tier 3 water sharing arrangements commence and when they cease to apply.
River Murray System River Murray System
River Murray System
(1) The process by which the Authority must assess inflow prediction for the River Murray System involves:
(a) monitoring the volume of inflow; and
(b) having regard to the best available information about likely inflow, including:
(i) tributary inflow estimates provided by the Basin States; and
(ii) information about daily, monthly and seasonal rainfall, temperature and climate; and
(c) regularly reviewing trends in climate and inflow patterns.
Snowy water licence Snowy water licence
Snowy water licence
(2) The processes by which the Authority must assess inflow prediction, in relation to works that are under the control of the body that is entitled, under the Snowy Hydro Corporatisation Act 1997 of New South Wales, to the Snowy water licence within the meaning of that Act, are set out in Part III of Schedule F to the Agreement.
Inflow prediction Inflow prediction
Inflow prediction
(3) The Authority must use the processes set out in subsections (1) and (2) to prepare a range of predictions of possible inflow into the River Murray System.
11.07 Process for managing risks to critical human water needs associated with inflow prediction (Act paragraph 86C(1)(b))
11.07 Process for managing risks to critical human water needs associated with inflow prediction (Act paragraph 86C(1)(b))
(1) The Authority must manage the risks to critical human water needs in the River Murray System associated with inflow prediction in accordance with this section.
(2) Based on the inflow predictions and other information mentioned in section 11.06 and the forecasts of water quality mentioned in paragraph 11.08(1)(e), the Authority must identify risk factors and assess the risks of the following events:
(a) the full amount of the amount of conveyance water specified in section 11.04 will not be available;
(b) the full amount of water to be reserved under subsection 11.12(2) will not be available;
(c) water quality and salinity trigger points under section 11.05 will be reached.
(3) If the Authority’s assessment of inflow prediction indicates that advances under clause 102C of, or Schedule H to, the Agreement may be required in a water accounting period, the Authority must identify and assess the risks to critical human water needs associated with such advances.
(4) The Authority must manage the risks to critical human water needs associated with inflow prediction by managing the operation of the River Murray System in accordance with the Agreement having regard to:
(a) the efficient and effective operation of the River Murray System; and
(b) the need to operate the River Murray System so as to ensure that there is water in the system that is of a suitable quality to meet critical human water needs; and
(c) the water quality and salinity trigger points under section 11.05; and
(d) the need to undertake water resource assessments, including worst case planning water resource assessments; and
(e) the Authority’s obligations under clause 50 of the Agreement; and
(f) the need to set aside, and draw upon, a conveyance reserve in accordance with Division 2 of Part 4 of this Chapter; and
(g) the need to operate the River Murray System in co‑ordination with the operation of:
(i) works that are under the control of the body that is entitled, under the Snowy Hydro Corporatisation Act 1997 of New South Wales, to the Snowy water licence within the meaning of that Act; and
(ii) tributaries of the River Murray System, in particular the operation of the Goulburn River in Victoria and the Murrumbidgee River in New South Wales; and
(iii) the Menindee Lakes Storage when it is under the control of New South Wales.
11.08 Risk management approach for inter‑annual planning (Act paragraph 86C(1)(c))
11.08 Risk management approach for inter‑annual planning (Act paragraph 86C(1)(c))
(1) The Authority’s risk management approach for inter‑annual planning relating to arrangements for critical human water needs must be based on:
(a) the reserves policy specified in Division 2 of Part 4; and
(b) the inflow predictions and other information mentioned in section 11.06; and
(c) the risk assessments made, the risk management approaches and measures adopted, and the information gathered under section 11.07; and
(d) the efficient operation of the River Murray System in accordance with the Agreement and the ‘Objectives and Outcomes’ document prepared under clause 31 of the Agreement; and
(e) monitoring and forecasting of water quality in the River Murray System and communication between the Authority, Basin States and private providers of data about water quality.
(2) The Authority must have regard to:
(a) water resource assessments; and
(b) accounts kept by the Authority in accordance with Subdivision D of Division 1 of Part XII of the Agreement;
when making decisions about:
(c) the volume of water to be made available to the Basin States, in a particular year; and
(d) whether water is set aside in the conveyance reserve for future years.
Note: Part XII of the Agreement will also apply to the Authority in making such decisions.
(3) A Basin State must have regard to advice from the Authority regarding the volume of water to be made available to it in a particular year, when making decisions about whether water is made available for uses other than meeting critical human water needs.
(4) When Tier 3 water sharing arrangements apply, the Ministerial Council must have regard to the water accounts and water resource assessments when making decisions about:
(a) whether water is made available, in a particular year, for uses other than meeting critical human water needs; and
(b) whether water is set aside in the conveyance reserve for future years.
Note: Part 5 of this Chapter deals with when Tier 3 water sharing arrangements commence and when they cease to apply.
Part 4 Tier 2 water sharing arrangements
Division 1 When Tier 2 water sharing arrangements apply
Division 1—When Tier 2 water sharing arrangements apply
(1) If the Authority is satisfied that either subsection (2) or subsection (3) applies, it may, by a notice published on its website:
(b) declare that Tier 1 water sharing arrangements cease, and Tier 2 water sharing arrangements enter into effect from the date specified in the notice.
Note 2: Tier 2 water sharing arrangements can also commence under subsection 11.16(1) if Tier 3 arrangements cease to apply.
(2) This subsection applies if at any time between the first day in June and the last day in August of the same water accounting period, the worst case planning water resource assessment indicates that the balance of the amount of conveyance water specified in section 11.04 cannot be supplied for the remainder of that water accounting period.
(3) This subsection applies if at any time between the first day in September and the last day in May of the same water accounting period, the worst case planning water resource assessment indicates that the amount of water required to be reserved under subsection 11.12(2) cannot be set aside by the end of that water accounting period.
(4) In deciding whether subsection (2) or subsection (3) applies, no advances under clause 102C of the Agreement are to be taken into account.
(1) If Tier 2 water sharing arrangements are in effect, but the Authority is satisfied that subsection (2) applies, it may, by a notice published on its website:
(b) declare that Tier 2 water sharing arrangements cease, and Tier 1 water sharing arrangements enter into effect, on the date specified in the notice.
(a) no measures taken under the Tier 2 and 3 water sharing arrangements in Schedule H to the Agreement are in effect, and in particular:
(i) the balance of the amount of conveyance water specified in section 11.04 can be supplied for the remainder of the current water accounting period; and
(ii) the amount of water specified in subsection 11.12(2) can be set aside by the end of the current water accounting period; and
Division 2—Tier 2 reserves policy
This Division specifies the reserves policy that applies for periods during which Tier 2 water sharing arrangements apply.
Note: The amount is based on the conveyance water amount set in section 11.04 and a minimum historical inflow of 980 GL. The Authority may, under Subdivision F of Division 1 of Part 2 of the Act, prepare an amendment to this provision if the Ministerial Council approves another amount.
(2) For subparagraph 86D(1)(c)(i) of the Act, the annual volume of water required to be reserved by the end of a water accounting period to meet the shortfall in conveyance water is 225 GL.
Note: The amount is based on hydrological modelling. The Authority may, under Subdivision F of Division 1 of Part 2 of the Act, prepare an amendment to this provision if the Ministerial Council approves another amount based on different models or modelling assumptions.
(3) For subparagraph 86D(1)(c)(ii) of the Act, the volume of water specified in subsection (2) must not vary between years.
(4) For subparagraph 102D(2)(a)(ii) of the Agreement, the volume determined in accordance with the Basin Plan is the volume of water specified in subsection (2).
Note 1: While the volume of water specified in subsection 11.12(2) does not vary between years, the volume of water in the conveyance reserve may vary from time to time, owing to the use of the conveyance reserve in accordance with this Part and changes in applicable water sharing arrangements. See section 11.13.
Note 2: The volume of water specified in subsection 11.12(1) has been determined by the Authority in accordance with subsection 86D(2) of the Act on the basis of the minimum inflow sequence to the River Murray System (used by the Authority for planning purposes) including minimum inflows from the Murrumbidgee, Darling and Goulburn Rivers.
For paragraph 86D(1)(c) of the Act, the arrangements that are to apply to ensure that the volume of water specified in subsection 11.12(2) will be reserved and provided are set out in clause 102D of the Agreement and Schedule H to the Agreement.
(1) South Australia has the rights provided for in clauses 91 and 130 of the Agreement to store its entitlement to water.
(2) Without limiting the operation of Part XII of the Agreement, New South Wales and Victoria have the right to carry over water in storage described in paragraph 135(14)(a) of the Agreement.
(3) New South Wales, Victoria and South Australia are each responsible for meeting the critical human water needs of that State and for deciding how water from their respective water share is used.
11.09 Commencement of Tier 2 water sharing arrangements (Act paragraph 86D(1)(a))
(1) If the Authority is satisfied that either subsection (2) or subsection (3) applies, it may, by a notice published on its website:
(b) declare that Tier 1 water sharing arrangements cease, and Tier 2 water sharing arrangements enter into effect from the date specified in the notice.
Note 2: Tier 2 water sharing arrangements can also commence under subsection 11.16(1) if Tier 3 arrangements cease to apply.
Insufficient water to provide conveyance Insufficient water to provide conveyance water in current water accounting period
(2) This subsection applies if at any time between the first day in June and the last day in August of the same water accounting period, the worst case planning water resource assessment indicates that the balance of the amount of conveyance water specified in section 11.04 cannot be supplied for the remainder of that water accounting period.
Insufficient water to set aside conveyan Insufficient water to set aside conveyance reserve for next water accounting period
(3) This subsection applies if at any time between the first day in September and the last day in May of the same water accounting period, the worst case planning water resource assessment indicates that the amount of water required to be reserved under subsection 11.12(2) cannot be set aside by the end of that water accounting period.
(4) In deciding whether subsection (2) or subsection (3) applies, no advances under clause 102C of the Agreement are to be taken into account.
11.10 Cessation of Tier 2 water sharing arrangements (Act paragraph 86D(1)(b))
(1) If Tier 2 water sharing arrangements are in effect, but the Authority is satisfied that subsection (2) applies, it may, by a notice published on its website:
(b) declare that Tier 2 water sharing arrangements cease, and Tier 1 water sharing arrangements enter into effect, on the date specified in the notice.
(a) no measures taken under the Tier 2 and 3 water sharing arrangements in Schedule H to the Agreement are in effect, and in particular:
(i) the balance of the amount of conveyance water specified in section 11.04 can be supplied for the remainder of the current water accounting period; and
(ii) the amount of water specified in subsection 11.12(2) can be set aside by the end of the current water accounting period; and
Division 2 Tier 2 reserves policy
Division 1—When Tier 2 water sharing arrangements apply
(1) If the Authority is satisfied that either subsection (2) or subsection (3) applies, it may, by a notice published on its website:
(b) declare that Tier 1 water sharing arrangements cease, and Tier 2 water sharing arrangements enter into effect from the date specified in the notice.
Note 2: Tier 2 water sharing arrangements can also commence under subsection 11.16(1) if Tier 3 arrangements cease to apply.
(2) This subsection applies if at any time between the first day in June and the last day in August of the same water accounting period, the worst case planning water resource assessment indicates that the balance of the amount of conveyance water specified in section 11.04 cannot be supplied for the remainder of that water accounting period.
(3) This subsection applies if at any time between the first day in September and the last day in May of the same water accounting period, the worst case planning water resource assessment indicates that the amount of water required to be reserved under subsection 11.12(2) cannot be set aside by the end of that water accounting period.
(4) In deciding whether subsection (2) or subsection (3) applies, no advances under clause 102C of the Agreement are to be taken into account.
(1) If Tier 2 water sharing arrangements are in effect, but the Authority is satisfied that subsection (2) applies, it may, by a notice published on its website:
(b) declare that Tier 2 water sharing arrangements cease, and Tier 1 water sharing arrangements enter into effect, on the date specified in the notice.
(a) no measures taken under the Tier 2 and 3 water sharing arrangements in Schedule H to the Agreement are in effect, and in particular:
(i) the balance of the amount of conveyance water specified in section 11.04 can be supplied for the remainder of the current water accounting period; and
(ii) the amount of water specified in subsection 11.12(2) can be set aside by the end of the current water accounting period; and
Division 2—Tier 2 reserves policy
This Division specifies the reserves policy that applies for periods during which Tier 2 water sharing arrangements apply.
Note: The amount is based on the conveyance water amount set in section 11.04 and a minimum historical inflow of 980 GL. The Authority may, under Subdivision F of Division 1 of Part 2 of the Act, prepare an amendment to this provision if the Ministerial Council approves another amount.
(2) For subparagraph 86D(1)(c)(i) of the Act, the annual volume of water required to be reserved by the end of a water accounting period to meet the shortfall in conveyance water is 225 GL.
Note: The amount is based on hydrological modelling. The Authority may, under Subdivision F of Division 1 of Part 2 of the Act, prepare an amendment to this provision if the Ministerial Council approves another amount based on different models or modelling assumptions.
(3) For subparagraph 86D(1)(c)(ii) of the Act, the volume of water specified in subsection (2) must not vary between years.
(4) For subparagraph 102D(2)(a)(ii) of the Agreement, the volume determined in accordance with the Basin Plan is the volume of water specified in subsection (2).
Note 1: While the volume of water specified in subsection 11.12(2) does not vary between years, the volume of water in the conveyance reserve may vary from time to time, owing to the use of the conveyance reserve in accordance with this Part and changes in applicable water sharing arrangements. See section 11.13.
Note 2: The volume of water specified in subsection 11.12(1) has been determined by the Authority in accordance with subsection 86D(2) of the Act on the basis of the minimum inflow sequence to the River Murray System (used by the Authority for planning purposes) including minimum inflows from the Murrumbidgee, Darling and Goulburn Rivers.
For paragraph 86D(1)(c) of the Act, the arrangements that are to apply to ensure that the volume of water specified in subsection 11.12(2) will be reserved and provided are set out in clause 102D of the Agreement and Schedule H to the Agreement.
(1) South Australia has the rights provided for in clauses 91 and 130 of the Agreement to store its entitlement to water.
(2) Without limiting the operation of Part XII of the Agreement, New South Wales and Victoria have the right to carry over water in storage described in paragraph 135(14)(a) of the Agreement.
(3) New South Wales, Victoria and South Australia are each responsible for meeting the critical human water needs of that State and for deciding how water from their respective water share is used.
11.11 Reserves policy (Act paragraph 86D(1)(c))
This Division specifies the reserves policy that applies for periods during which Tier 2 water sharing arrangements apply.
11.12 Meeting the annual shortfall in conveyance water
Note: The amount is based on the conveyance water amount set in section 11.04 and a minimum historical inflow of 980 GL. The Authority may, under Subdivision F of Division 1 of Part 2 of the Act, prepare an amendment to this provision if the Ministerial Council approves another amount.
(2) For subparagraph 86D(1)(c)(i) of the Act, the annual volume of water required to be reserved by the end of a water accounting period to meet the shortfall in conveyance water is 225 GL.
Note: The amount is based on hydrological modelling. The Authority may, under Subdivision F of Division 1 of Part 2 of the Act, prepare an amendment to this provision if the Ministerial Council approves another amount based on different models or modelling assumptions.
(3) For subparagraph 86D(1)(c)(ii) of the Act, the volume of water specified in subsection (2) must not vary between years.
(4) For subparagraph 102D(2)(a)(ii) of the Agreement, the volume determined in accordance with the Basin Plan is the volume of water specified in subsection (2).
Note 1: While the volume of water specified in subsection 11.12(2) does not vary between years, the volume of water in the conveyance reserve may vary from time to time, owing to the use of the conveyance reserve in accordance with this Part and changes in applicable water sharing arrangements. See section 11.13.
Note 2: The volume of water specified in subsection 11.12(1) has been determined by the Authority in accordance with subsection 86D(2) of the Act on the basis of the minimum inflow sequence to the River Murray System (used by the Authority for planning purposes) including minimum inflows from the Murrumbidgee, Darling and Goulburn Rivers.
11.13 Application of the conveyance reserve provisions of the Agreement
For paragraph 86D(1)(c) of the Act, the arrangements that are to apply to ensure that the volume of water specified in subsection 11.12(2) will be reserved and provided are set out in clause 102D of the Agreement and Schedule H to the Agreement.
11.14 Arrangements for carrying water over in storage
(1) South Australia has the rights provided for in clauses 91 and 130 of the Agreement to store its entitlement to water.
(2) Without limiting the operation of Part XII of the Agreement, New South Wales and Victoria have the right to carry over water in storage described in paragraph 135(14)(a) of the Agreement.
(3) New South Wales, Victoria and South Australia are each responsible for meeting the critical human water needs of that State and for deciding how water from their respective water share is used.
Part 5 Tier 3 water sharing arrangements
Part 5—Tier 3 water sharing arrangements
Note: See Division 3 of Part XII of the Agreement for Tier 3 water sharing arrangements.
11.15 Commencement of Tier 3 water sharing arrangements (Act paragraph 86E(1)(a))
11.15 Commencement of Tier 3 water sharing arrangements (Act paragraph 86E(1)(a))
(1) If the Authority is satisfied that either subsection (2) or subsection (3) applies, it may, by a notice published on its website:
(b) declare that Tier 1 or Tier 2 water sharing arrangements cease, and Tier 3 water sharing arrangements enter into effect, on the date specified in the notice.
(2) This subsection applies if, in either:
(a) circumstances of extreme and unprecedented low levels of water availability in the River Murray System; or
(b) circumstances in which there is an extremely high risk that water will not be available in the River Murray System to meet critical human water needs in the next 12 months;
either of the following paragraphs applies:
(c) the worst case planning water resource assessment indicates that at least one of the amounts of water specified in section 11.03 cannot be supplied by the end of the current water accounting period; or
(d) the worst case planning water resource assessment indicates that the amount of water specified in section 11.04 cannot be supplied by the end of the current water accounting period, taking into account the use of any advances under clause 102C of the Agreement and the use of any remedial action undertaken in accordance with clause 10 of Schedule H to the Agreement.
(3) This subsection applies if, in circumstances of extreme and unprecedented poor water quality in the water available in the River Murray System to meet critical human water needs, a water quality or salinity trigger point specified in subsection 11.05(2) or (3) is reached.
(4) If Tier 1 water sharing arrangements cease in accordance with paragraph (1)(b), Tier 2 water sharing arrangements are:
(a) taken to have entered into effect immediately upon the cessation of Tier 1 water sharing arrangements; and
(b) taken to have ceased immediately afterwards.
11.16 Cessation of Tier 3 water sharing arrangements (Act paragraph 86E(1)(b))
11.16 Cessation of Tier 3 water sharing arrangements (Act paragraph 86E(1)(b))
(1) If Tier 3 water sharing arrangements are in place, but the Authority is satisfied that subsections (3) and (4) apply, it may, by a notice published on its website:
(a) declare that both the subsections apply; and
(b) declare that Tier 3 water sharing arrangements cease, and Tier 2 water sharing arrangements enter into effect, on the date specified in the notice.
(2) If the Authority is satisfied that subsections (3) and (4) apply and also that subsection 11.10(2) is satisfied, it may, by a notice published on its website:
(a) declare that all the subsections apply; and
(b) declare that Tier 3 water sharing arrangements cease to have effect, and Tier 1 water sharing arrangements enter into effect, on the date specified in the notice.
(3) This subsection applies if the worst case planning water resource assessment indicates that:
(a) the amounts of water specified in section 11.03 can be supplied by the end of the current water accounting period; and
(b) the amount of conveyance water specified in section 11.04 can be supplied by the end of the current water accounting period, taking into account the use of any advances under clause 102C of the Agreement and the use of any remedial action undertaken in accordance with clause 10 of Schedule H to the Agreement.
(4) This subsection applies if:
(a) raw water has been taken by a water supply authority in accordance with paragraph 11.05(2)(a) and the level of salinity in that water is less than 1,400 EC (µS/cm); and
(b) raw water has been taken by a water supply authority in accordance with paragraph 11.05(3)(a) and:
(i) the levels of water quality characteristics of the water would make it practicable for the water supply authority to treat the water so that it meets the relevant guideline value set out in the ADWG; and
(ii) it is expected that it would continue to be practicable to treat the water so that it meets the relevant guideline values set out in the ADWG.
(5) If Tier 1 water sharing arrangements enter into effect in accordance with subsection (2), Tier 2 water sharing arrangements are:
(a) taken to have entered into effect immediately upon the cessation of Tier 3 water sharing arrangements; and
(b) taken to have ceased immediately afterwards.