(b) then work out how much of that reduction in market value is reasonably attributable to the Commonwealth’s share of the diversion limit reduction.
(5) In applying paragraph (4)(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 reduction in, 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 made to the holders of water access entitlements; and
(c) the effect of the other provisions of the Basin Plan.
(6) The amount of the payment under this section must not exceed the amount worked out as follows:
(a) first work out the percentage of the diversion limit reduction represented by the Commonwealth share of the reduction;
(b) then apply that percentage to the amount worked out under paragraph (4)(a).
Administrative Review Tribunal review
(7) An application may be made to the Administrative Review Tribunal for the review of:
(a) a determination of the Minister under paragraph (3)(b); or
(b) a determination of the Minister under subparagraph (3)(a)(ii).
Substitute entitlements
(8) 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.
(9) For the purposes of subsection (8), 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.
77A Commonwealth may request information for the purposes of this Division
The Commonwealth may request that a Basin State provide information to the Commonwealth for the purposes of this Division, including, but not limited to, information about:
(a) the particulars and history of a water access entitlement;
(b) decisions about how the Basin States are making changes to water access entitlements, including in relation to the date of effect of changes, the manner in which changes come into operation and how certainty is achieved in relation to these matters;
(c) such other information as is relevant to payments to water access entitlement holders.
78 Applying Subdivision when transitional or interim water resource plan ends
(1) This section applies if a transitional water resource plan, or an interim water resource plan, for a water resource plan area is in effect when the Basin Plan first takes effect.
(2) The Basin Plan must specify the long‑term average limit on the quantity of water that can be taken from the water resources of the water resource plan area that the Authority is satisfied will be applicable immediately before the transitional water resource plan, or interim water resource plan, ceases to have effect.
(3) For the purposes of applying this Subdivision:
(a) the long‑term average sustainable diversion limit for the water resources of the water resource plan area is taken to be reduced when the transitional water resource plan, or interim water resource plan, ceases to have effect if:
(i) the long‑term average limit specified under subsection (2); exceeds
(ii) the long‑term average sustainable diversion limit for the water resources of the water resource plan area that is specified in the Basin Plan; and
(b) the amount of the reduction is the amount of the excess; and
(c) the Basin Plan must specify the amounts referred to in paragraphs 75(1)(a), (b), (c) and (d) in relation to the reduction.
79 Regulations
(1) The regulations may provide for matters that are necessary or convenient to be provided for in relation to claims for payments under section 77.
(2) Without limiting subsection (1), the regulations made for the purposes of that subsection may provide for:
(a) how a person is to make a claim under section 77; and
(b) the time within which the person may make the claim; and
(c) the information that the person making a claim must provide in support of the claim; and
(d) the procedure to be followed in dealing with the claim; and
(e) the method to be used to calculate the amount of a reduction in a water allocation to which the claim relates; and
(f) the method to be used to calculate the change in market value of a water access entitlement in relation to which the claim is made.
(3) Without limiting subsection (1), the regulations made for the purposes of that subsection may require a Basin State, an agency of a Basin State or another person, to give the Commonwealth, the Authority or another agency of the Commonwealth information for the purposes of dealing with a claim made under section 77.
Subdivision B—Risks arising from other changes to Basin Plan
80 Simplified outline
(1) This section provides a simplified outline of this Subdivision.
(2) When a change to the Basin Plan would result in a change in the reliability of the water allocations in relation to the water resources of a water resource plan area, the Basin Plan identifies the change and may also specify the Commonwealth’s share (if any) of that change in reliability.
Note 1: The Commonwealth’s share is worked out in accordance with the provisions of the National Water Initiative. The Initiative provides that the Commonwealth’s share includes changes attributable to changes in Commonwealth Government policy and, for changes that occur on or after 1 January 2015, may also include some part of changes attributable to improvements in knowledge about the environmentally sustainable level of take for the water resources of a water resource plan area.
Note 2: See section 81.
(3) The Commonwealth:
(a) endeavours to manage the impact of the Commonwealth’s share of the potential change in reliability on the holders of water access entitlements; and
(b) may take steps to ensure that the holders of water access entitlements do not suffer a change in the reliability of their water allocations as a result of the Commonwealth’s share of the potential change.
Note: See section 82.
(4) If, despite the Commonwealth’s efforts, there is a change in the reliability of the water allocations of a holder of a water access entitlement and the change is reasonably attributable to the Commonwealth’s share of the change in reliability, the holder may be entitled to a payment under section 83.
81 Basin Plan to specify certain matters if Plan results in change in reliability of water allocations
(1) This section applies if:
(a) a change to the Basin Plan would, if action were not to be taken under this Subdivision, result in a change in the reliability of water allocations in relation to the water resources of a water resource plan area; and
(b) this would occur otherwise than because of a reduction in the long‑term average sustainable diversion limit for those water resources (or for a part of those water resources).
(2) The Basin Plan must:
(a) specify that this Subdivision applies to that change to the Basin Plan; and
(b) specify the nature of the change in the reliability of those water allocations.
(3) The Basin Plan may specify the following:
(a) the extent (if any) to which the change in reliability is attributable to changes in Commonwealth Government policy (the Commonwealth Government policy component of the change in reliability);
(b) the extent (if any) to which the change in reliability is attributable to improvements in knowledge about the environmentally sustainable level of take for the water resources of the water resource plan area (the new knowledge component of the change in reliability);
(c) the extent (if any) of the Commonwealth’s share of the change in reliability.
(3A) In working out the amount of the Commonwealth Government policy component or the new knowledge component, any reduction that is a result of matters referred to in clause 48 of the National Water Initiative is to be disregarded.
Note: Clause 48 of the National Water Initiative is set out in Part 1 of Schedule 3A.
(4) The Commonwealth’s share of the change in reliability is to be worked out for the purposes of paragraph (3)(c) 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.
82 Commonwealth to manage Commonwealth share of change in reliability
If the Basin Plan specifies, under paragraph 81(3)(c), the Commonwealth’s share of a change in the reliability of the water allocations in relation to the water resources of a water resource plan area, the Commonwealth:
(a) must endeavour to manage the impact of the Commonwealth’s share of the change in reliability on the holders of water access entitlements; and
(b) may take steps to ensure that the holders of water access entitlements do not suffer a change in the reliability of their water allocations as a result of the Commonwealth’s share of the change in reliability.
Note 1: This subsection implements in part the policy in clauses 49 and 50 of the National Water Initiative.
Note 2: If a change in the reliability of water allocations results despite the steps taken by the Commonwealth, the Commonwealth may be liable for an amount under section 83.
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
(c) the effect of the other provisions of the Basin Plan.
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
(c) the effect of the other provisions of the Basin Plan.
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.
84 Applying Subdivision when transitional or interim water resource plan ends
(1) This section applies if a transitional water resource plan, or an interim water resource plan, for a water resource plan area is in effect when the Basin Plan first takes effect.
(2) This Subdivision applies as if the provisions of the transitional water resource plan, or the interim water resource plan, had been provisions of the Basin Plan.
85 Regulations
(1) The regulations may provide for matters that are necessary or convenient to be provided for in relation to claims for payments under section 83.
(2) Without limiting subsection (1), the regulations made for the purposes of that subsection may provide for:
(a) how a person is to make a claim under section 83; and
(b) the time within which the person may make the claim; and
(c) the information that the person making a claim must provide in support of the claim; and
(d) the procedure to be followed in dealing with the claim; and
(e) the method to be used to calculate the change in market value of a water access entitlement in relation to which the claim is made; and
(f) the procedure for applying for, and making, determinations under paragraph 83(2)(b).