77Payments to water access entitlement holders

77  Payments to water access entitlement holders

Qualification for payment under this section

 (1) A person (the entitlement holder) qualifies for a payment under this section if:

 (a) the entitlement holder holds a water access entitlement in relation to a water resource plan area; and

 (b) one of the following subparagraphs is satisfied:

 (i) the water access entitlement was granted, issued or authorised before 25 January 2007;

 (ii) the water access entitlement is granted, issued or authorised in accordance with a transitional water resource plan;

 (iii) the water access entitlement is granted, issued or authorised on or after 25 January 2007, and before the Basin Plan first takes effect, and the Minister determines in writing that the entitlement relates to a water resource that was not overallocated at the time of, or because of, the grant, issue or authorisation;

 (iv) the water access entitlement is granted, issued or authorised after the Basin Plan first takes effect and is granted, issued or authorised in accordance with the Basin Plan and the water resource plan for the water resources of the water resource plan area, or for the particular part of the water resources of the area; and

 (c) there is:

 (i) a reduction in the water allocations to be made in relation to the water access entitlement; or

 (ii) a change in the reliability of those water allocations; and

 (d) the reduction in the water allocations, or the change in the reliability of the water allocations, occurs because of a reduction (the diversion limit reduction) in the long‑term average sustainable diversion limit for the water resources of the water resource plan area, or for the particular part of those water resources; and

 (e) the whole, or a part, of the reduction in the water allocations, or the change in the reliability of the water allocations, is reasonably attributable to the Commonwealth’s share of the reduction.

A determination under subparagraph (b)(iii) is not a legislative instrument.

 (2) In applying paragraph (1)(e), regard is to be had to:

 (a) any steps taken by the Commonwealth to ensure that holders of water access entitlements do not suffer a reduction in their water allocations, or a change in the reliability of their water allocations, as a result of the diversion limit reduction; and

 (b) the effect of those steps on the water allocations, or the reliability of the water allocations, made to the holders of water access entitlements; and

Minister to decide claim

 (3) If the entitlement holder makes a claim for a payment under this section in relation to the diversion limit reduction, the Minister must: