8River flow control works

8  River flow control works  (1) For the purposes of this Act, a river flow control work is a work that:  (a) regulates the flow or control of water in the watercourses of the Murray‑Darling Basin, including:  (i) a dam, barrage, bank, regulator, weir or lock; or  (ii) a work connecting a river channel with an off‑stream work that regulates the flow or control of water; or  (iii) a work (including a canal) connecting a river channel with another river channel; and  (b) is either:  (i) owned by, or is under the control of, the Commonwealth or a Basin State; or  (ii) specified in the regulations for the purposes of this paragraph.  (2) However, river flow control work does not include:  (a) a work that is 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; or  (b) a work operated primarily to deliver water for urban retail supply; or  (c) a work specified in the regulations.  (3) In applying paragraph (2)(a), a variation of the licence, or an amendment of the Snowy Hydro Corporatisation Act 1997 of New South Wales, after the commencement of this section is to be disregarded unless the variation is prescribed by the regulations for the purposes of this subsection.