Division 1Interpretation

Division 1—Interpretation

Definitions

70. For the purposes of this Part only—

“period of restriction” means a period of restriction declared under clause 104;

“upper river” means the aggregate of: —

(a) the main course of the River Murray upstream of the eastern boundary of the State of South Australia;

(b) all tributaries entering the said main course upstream of Doctors Point:

(c) all effluents and anabranches of the said main course, excepting such as may be excepted by the Commission;

(d) the water courses connecting Lake Victoria to the said main course;

(e) the Darling River downstream of Menindee;

(f) the Great Darling Anabranch; and

(g) the upper river storages;

“upper river storages” means Lake Victoria, the Menindee Lakes Storage, and the storages formed by Dartmouth Dam, Hume Dam and by those weirs, and weirs and locks, described in Schedule A which are situated upstream of the eastern boundary of the State of South Australia;

‘“upper States” means the States of New South Wales and Victoria;

“water available for release at the direction of the Commission” means water physically capable of being released from a storage other than water the release of which cannot be required by virtue of sub-clause 82 (1).

Post Chowilla

71. Upon the Chowilla Reservoir being declared to have become effective for the purposes of this Agreement—

(a) the provisions of this Part shall be construed as if—

(i) in the definition of “upper river”, the words “Chowilla Reservoir outlet” were substituted for the words “eastern boundary of the State of South Australia”;

(ii) in sub-clause 72 (1), the words “Water released from and water diverted by the State of South Australia from the Chowilla Reservoir” were substituted for the words “Water flowing in the River Murray past the eastern boundary of the State of South Australia”;

(iii) sub-clause 72 (2) and clause 75 were deleted;

(iv) in sub-clause 78 (3) and clauses 85 and 104, the words “Chowilla Reservoir” were substituted for the words “Lake Victoria”.

(b) until the Lake Victoria works are declared to have become ineffective for the purposes of this Agreement, the provisions of this Part shall be construed as if—

(i) in the definition of “upper river storages”, the words “Chowilla Reservoir,” were inserted before the words “Lake Victoria”;

(ii) in paragraph 106 (b), the words “the Chowilla Reservoir and” were inserted before the words “Lake Victoria”; and