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)).