83Payments to water access entitlement holders

83  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 the water resources of 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 a change in the reliability of the water allocations to be made in relation to the water access entitlement; and  (d) the change in reliability of the entitlement holder’s water allocations occurs because of a change (the relevant Plan change) to the Basin Plan; and  (e) the Basin Plan specifies that this Subdivision applies to the relevant Plan change; and  (f) the whole, or a part, of the change in the reliability of the entitlement holder’s water allocations is reasonably attributable to the Commonwealth’s share of the relevant Plan change. A determination under subparagraph (b)(iii) is not a legislative instrument.  (2) For the purposes of applying this section to the change in the reliability of the entitlement holder’s water allocations, the Commonwealth’s share of the relevant Plan change is:  (a) the Commonwealth’s share of the change in reliability that is specified in the Basin Plan under paragraph 81(3)(c) if that share is specified in the Basin Plan under that paragraph; or  (b) the Commonwealth’s share of the change in reliability of the entitlement holder’s water allocations that results from the relevant Plan change (as determined, in writing, by the Authority) if paragraph (a) does not apply. A determination by the Authority under paragraph (b) is not a legislative instrument. Note: The Authority is not subject to the Minister’s direction in relation to a determination under paragraph (b) (see paragraph 175(2)(a)).  (3) The Commonwealth’s share of the change in reliability of the entitlement holder’s water allocations is to be worked out for the purposes of paragraph (2)(b) in accordance with:  (a) the provisions of the National Water Initiative; and  (b) any regulations made for the purposes of this paragraph. Regulations made for the purposes of paragraph (b) must not be inconsistent with the National Water Initiative.  (4) In applying paragraph (1)(f), 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 change in the reliability of their water allocations as a result of the relevant Plan change; and  (b) the effect of those steps on the reliability of the water allocations made to the holders of water access entitlements; and Minister to decide claim  (5) If the entitlement holder makes a claim for a payment under this section in relation to the relevant Plan change, the Minister must:  (a) if the Minister is satisfied that the entitlement holder qualifies for a payment under this section in relation to the relevant Plan change:  (i) determine that a payment under this section is to be made to the entitlement holder in relation to the relevant Plan change; and  (ii) determine the amount of the payment under this section to be made to the entitlement holder; and  (b) if the Minister is not satisfied that the entitlement holder qualifies for a payment under this section in relation to the relevant Plan change—determine that a payment under this section is not to be made to the entitlement holder in relation to the relevant Plan change. Amount of payment under this section  (6) The amount of the payment under this section is worked out as follows:  (a) first work out the amount of the reduction in the market value of the entitlement holder’s water access entitlement that occurred because of the change in the reliability of the entitlement holder’s water allocations;  (b) then work out how much of that reduction in market value is reasonably attributable to the Commonwealth’s share of the relevant Plan change.  (7) In applying paragraph (6)(b), 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 change in the reliability of their water allocations as a result of the relevant Plan change; and  (b) the effect of those steps on the reliability of the water allocations made to the holders of water access entitlements; and Administrative Review Tribunal review  (8) An application may be made to the Administrative Review Tribunal for the review of:  (a) a determination of the Minister under paragraph (5)(b); or  (b) a determination of the Minister under subparagraph (5)(a)(ii). Substitute entitlements  (9) If:  (a) a water access entitlement (the substitute entitlement) is granted, issued or authorised; and  (b) the substitute entitlement is granted, issued or authorised in substitution for an equivalent water access right (the earlier right) that was previously granted, issued or authorised at a particular time; the substitute entitlement is taken, for the purposes of applying paragraph (1)(b), to have been granted, issued or authorised at the time when the earlier right was granted, issued or authorised. Note: This means, for example, that if the earlier right was granted, issued or authorised before 25 January 2007, the substitute entitlement is also taken to have been granted, issued or authorised before 25 January 2007.  (10) For the purposes of subsection (9), the substitute entitlement is not equivalent to the earlier right if the amount of water that can be taken under the substitute entitlement is more than the amount of water that could be taken under the earlier right.