(a) proper records of those assets are kept by the Constructing Authority; and
(b) copies of those records will be provided to the Authority at its request.
82. Disposal of Surplus Assets
(1) The Authority may, with the approval of the Committee, direct when and how surplus assets acquired by a Constructing Authority with funds provided by the Authority, shall be disposed of.
(2) Subject to sub‑clause (3), the Committee must determine how proceeds from the disposal of surplus assets are:
(a) to be paid to the Authority and credited against future capital and renewal contributions by; or
(b) to be distributed among,
the Contracting Governments, having regard to the contributions made by each Contracting Government to the acquisition of those assets.
(3) A determination under sub‑clause (2) that relates to RMO assets must be consistent with the asset agreement.
83. Revenue
(1) Any money received by a Contracting Government or a public authority from the use of works subject to this Agreement must be paid to the Authority.
(2) The Authority may provide and charge for goods and services incidental to its functions which are not otherwise provided for in this Agreement.
(3) Money paid to the Authority under this clause must either:
(a) be expended on investigations, construction and administration costs; or
(b) applied in accordance with sub‑clause 80(1).
84. Compensation for Damage by Works
The Contracting Governments must meet, in equal shares, any compensation for damage paid by a Constructing Authority pursuant to the Water Act or a State MDB Act:
(a) caused or arising from anything done by it in constructing, operating or maintaining any works or executing any measures provided for in this Agreement; and
(b) which has not been met or contributed to by the Authority under paragraph 57(c).
PART X—REPORTS
85. Preparation of Reports
As soon as practicable after the end of each financial year, the Chief Executive must prepare and give to the Ministerial Council a report as required under section 214 of the Water Act, which will include a report on the Authority’s proceedings and activities during that year.
PART XI—PROCEEDINGS IN DEFAULT
86. Failure to Perform Works or Contribute Cost
(1) The Authority must immediately notify the Committee, the Ministerial Council and each other Contracting Government if any Contracting Government fails, after being so required by the Authority to:
(a) do anything in relation to any works or measures; or
(b) pay any money to the Authority,
which it is obliged to do or pay under this Agreement.
(2) The Authority may, in consultation with the Committee, authorise one or more of the Contracting Governments which is not in default wholly or partly to make good any failure which relates to:
(a) the construction, operation or maintenance of any works;
(b) the carrying on of any operation; and
(c) the implementation of any measures.
(3) A Contracting Government authorised by the Authority under sub‑clause (2):
(a) may enter the territory of the defaulting Contracting Government to do whatever it has been authorised to do by the Authority;
(b) shall be deemed to have all powers, licences and permissions as are required from the defaulting Contracting Government to do whatever it has been authorised to do by the Authority;
(c) shall be deemed to have all the rights and powers of a Constructing Authority, including the right to receive any payment due under clause 78, in respect of whatever it has been authorised to do by the Authority; and
(d) may, in a court of competent jurisdiction, recover, as a debt due from the defaulting Contracting Government, all money reasonably expended by it in doing whatever it has been authorised to do by the Authority and which has not been paid to it by the Authority by virtue of the right conferred by paragraph (3)(c), together with interest at the prescribed rate.
(4) A defaulting Contracting Government shall once more be deemed to be the Constructing Authority when:
(a) any failure referred to in paragraph (1)(a) has been made good; and
(b) it has paid all money payable by it under paragraph (3)(d).
(5) Unless the Authority, in consultation with the Committee, decides otherwise in any particular case, a Contracting Government which fails to pay money due under clause 75 to the Authority by the due date is liable to pay interest on any outstanding balance at the prescribed rate.
(6) Any other Contracting Government:
(a) may pay the outstanding balance owed by a Contracting Government under clause 75, together with interest at the prescribed rate; and
(b) may recover the amount so paid in a court of competent jurisdiction as a debt due from the defaulting Contracting Government.
(7) Any interest payable under this clause shall be calculated from the due date to the date of actual payment.
PART XII—DISTRIBUTION OF WATERS
Note—clause 29 requires the Authority to act in accordance with clause 30 (objectives and outcomes set by the Committee, and determinations made by the Committee) when exercising its functions in relation to river operations.
DIVISION 1—TIER 1 DISTRIBUTION OF WATERS
SUBDIVISION A—APPLICATION OF DIVISION 1
87. Application of Division 1
This Division applies subject to:
(a) the provisions of Divisions 2 and 3 of this Part; and
(b) the provisions of Subdivision F of this Division.
SUBDIVISION B—STATE ENTITLEMENTS TO WATER
88. South Australia’s Monthly Entitlement
South Australia is entitled to receive:
(a) the following monthly quantities of River Murray water ‑
July........................50 500 megalitres
August......................66 000 megalitres
September....................77 000 megalitres
October.....................112 500 megalitres
November...................122 000 megalitres
December...................159 000 megalitres
January.....................159 000 megalitres
February....................136 000 megalitres
March......................128 000 megalitres
April........................77 000 megalitres
May........................35 000 megalitres
June........................32 000 megalitres
except as provided in clause 128; and
(b) 58,000 megalitres per month for dilution and losses, unless the Ministerial Council determines otherwise; and
(c) such additional quantities for dilution as the Ministerial Council determines from time to time.
88A Use of allowance for dilution and losses
(1) This clause applies if the Authority, under subparagraph 102 (c) (i), determines that the water available for distribution to South Australia is less than or equal to the sum of:
(a) the volume mentioned in paragraph 88 (b); and
(b) the volume determined under subclause 102A (2) that is attributable to South Australia.
(2) Despite paragraph 88 (b), South Australia may use, for purposes other than meeting dilution and losses:
(a) up to 2% of the volume South Australia is entitled to receive in a year under paragraph 88 (b); or
(b) another percentage determined by the Ministerial Council.
89. Measurement of South Australia’s Entitlement
(1) Each month South Australia is deemed to receive the sum of the water flowing in that month in:
(a) the River Murray between the confluences of the Rufus and Lindsay Rivers with the River Murray; and
(b) the Lindsay River near its confluence with the River Murray.
(2) The Authority must determine the flows referred to in sub‑clause (1) in such manner as it sees fit.
90 Variation of South Australia’s Entitlement
The Authority may, from time to time at the request of the Committee member for South Australia, vary for a specified sequence of months any of the monthly quantities which the State is otherwise entitled to receive:
(a) under clause 88, without increasing the total of those quantities for that sequence; or
(b) in order to store or deliver deferred water to South Australia.
91. South Australia’s Storage Right
(1) South Australia may store any part of its entitlement under clause 88 (as adjusted for interstate trade) for the purposes of meeting critical human water needs in the upper River Murray storage or storages of its choice, beyond the time at which that part of its entitlement would otherwise have been delivered under this Agreement, provided such storage does not affect water availability for New South Wales or Victoria that would otherwise have existed under this Agreement had it not been for the exercise by South Australia of its right under this clause.
(2) South Australia may store any part of its entitlement under clause 88 (as adjusted for interstate trade) for the purpose of private carry‑over in the upper River Murray storage or storages of its choice, beyond the time at which that part of its entitlement would otherwise have been delivered under this Agreement, provided such storage does not affect water availability or storage access for New South Wales or Victoria that would otherwise have existed under this Agreement had it not been for the exercise by South Australia of its right under this clause.
(2A) In calculating monthly quantities under paragraph 88 (a), any part of South Australia’s entitlement stored under subclause (1) or (2) is taken to have been received by South Australia at the time it is stored.
(3) During the period before a Schedule is made under Subdivision F of Division 1 of this Part, the Authority is to account for water stored pursuant to this clause, as far as possible, consistently with Subdivisions D and E of this Division.
92. Use of Lake Victoria
If the Authority decides that the flow or prospective flow of the River Murray downstream of its junction with the Great Darling Anabranch is, or will be for any month in excess of the sum of:
(a) the quantities which South Australia is entitled to receive in that month under clause 88 or 90;
(b) any quantities which, in the opinion of the Authority, ought to be and can be impounded in Lake Victoria during that month with the object of filling that storage at some time before the end of the next ensuing month of May; and
(c) any quantities required for use by New South Wales and Victoria, downstream of the junction of the River Murray and the Great Darling Anabranch,
South Australia may receive that excess in addition to the quantity of water which it is entitled to receive under clause 88 or 90.
93. Surplus Flow to South Australia
The quantity of water that South Australia is entitled to receive in any month shall not be reduced if it has received a greater quantity than it was entitled to receive under clause 88 or 90 in any previous month.
94. Entitlements of New South Wales and Victoria
(1) Except as otherwise expressly provided in Subdivision D of this Division and subject to South Australia’s entitlement under clause 88 or 90, New South Wales and Victoria are each entitled to use:
(a) all the water in tributaries of the upper River Murray downstream of Doctors Point within its territory, before it reaches the River Murray;
(b) half the natural flow at Doctors Point;
(c) half the water entering the Menindee Lakes from the Darling River, subject to the prior entitlement of New South Wales to use water from the Menindee Lakes Storage as provided in clause 95;
(d) subject to paragraph (1)(c), an amount of water from the upper River Murray equivalent to any water contributed by any tributary or any outfall approved by the Ministerial Council entering the upper River Murray from its territory downstream of Doctors Point; and
(e) half the volume of water calculated in accordance with clause 8 of Schedule F.
(2) Entitlements under sub‑clause (1) shall not be affected by the declaration of a period of special accounting except as specifically provided in Subdivision E of this Division.
95. New South Wales’ Entitlement to Water from Menindee Lakes
(1) Whenever water in the Menindee Lakes Storage falls below 480 000 megalitres, New South Wales may use the stored water as it requires until the volume next exceeds 640 000 megalitres.
(2) Whenever sub‑clause (1) does not apply, New South Wales may:
(a) divert from ‑
(i) the Menindee Lakes Storage; or
(ii) the Darling River below the Menindee Lakes Storage; or
(iii) the River Murray, below its junction with the Darling River; or
(b) release from the Cawndilla outlet regulator,
a total of up to 100,000 megalitres in any 12 month period commencing on 1 April.
(3) Whenever the Ministerial Council determines that:
(a) releases from the Menindee Lakes Storage exceed the water required for storage in Lake Victoria and to supply South Australia’s entitlement; or
(b) water in the Menindee Lakes Storage exceeds 1 680 000 megalitres and the amount of the excess plus the estimated water currently in the River Murray and Darling River below the Menindee Lakes Storage is sufficient to supply South Australia’s entitlement and to fill Lake Victoria,
any of that water used by New South Wales or released to provide for the retention of floodwaters shall not be deemed to be part of its entitlement under sub‑clause (2).
96. New South Wales’ and Victoria’s Supply to South Australia
New South Wales and Victoria must provide, in equal proportions, South Australia’s entitlement under clause 88 or 90 from the water available to them under clauses 94 and 95.
97 Limitations on use by New South Wales and Victoria
Subject to subclause 102C (4), unless the Ministerial Council determines otherwise, New South Wales or Victoria must not use:
(a) deferred water stored under Schedule G, except as provided in that Schedule; or
(b) water from the upper River Murray to an extent which may result in the total volume of water held in upper River Murray storages and reserved for the use of the relevant State at the end of the following May being less than half the sum of the minimum reserve and the conveyance reserve.
SUBDIVISION C—CONTROL BY AUTHORITY
98. Authority’s Role in Operation of Storages
(1) The Authority may give directions for the release of water from upper River Murray storages and water must be released in accordance with any such directions.
(2) The Authority may give directions under sub‑clause (1) in the form of standing procedures, which it may amend or suspend at any time, except as provided in clause 100.
(3) In giving directions under this clause the Authority must have regard to ‑
(i) maintaining supply to South Australia of the quantities of water which that State is entitled to receive;
(ii) facilitating the exercise by South Australia of its right under clause 91, including the delivery of water stored in exercise of that right;
(iii) maintaining a minimum reserve of water as provided for in clause 103; and
(iv) facilitating the exercise by New South Wales and Victoria of their respective rights to use water from the upper River Murray, as they require.
(4) In giving directions under this clause the Authority may also have regard to ‑
(i) the improvement or maintenance of water quality in the River Murray (including the upper River Murray); and
(ii) other water management and environmental objectives consistent with this Agreement.
99. Limitation on Menindee Lakes Operation
(1) The Authority must not direct that water be released from Menindee Lakes Storage after its volume falls below 480,000 megalitres and before it next exceeds 640,000 megalitres.
(2) Subject to sub‑clause (1), the Committee may, by majority vote, require the Authority to direct that water be released from Menindee Lakes Storage.
100. Procedures for Dartmouth Dam Operation
The Authority must not amend or, except in an emergency, suspend any standing procedures affecting the release of water through the power station of Dartmouth Reservoir without first consulting the operator of the power station and the Constructing Authority for Victoria.
101. Water Estimated to be Under the Control of the Authority
“Water estimated to be under the control of the Authority” means the aggregate of:
(a) water stored in the Hume and Dartmouth Reservoirs above their minimum operating levels;
(b) water stored in Lake Victoria above its minimum operating level;
(c) water available for release from the Menindee Lakes Storage at the direction of the Authority in accordance with clause 99, after allowing for New South Wales’ prior entitlements under clause 95;
(d) the estimated natural flow of the River Murray at Doctors Point before the end of the following May;
(e) water calculated in accordance with clause 9 of Schedule F;
(f) the difference between the estimated amount of water in transit in the upper River Murray and the estimated amount of water in transit at the end of the following May.
102. Available Water
From time to time the Authority must:
(a) determine the minimum amount of water estimated to be under the control of the Authority;
(b) determine the allowance to be made until the end of the following May for ‑
(i) losses by evaporation and other means in the upper River Murray; and
(ii) the entitlements of South Australia under paragraphs 88(b) and 88(c);
(ba) determine the allowance to be made for water deferred under clause 91;
(c) having regard to its determinations under paragraphs (a), (b) and (ba), determine the water available:
(i) for distribution to New South Wales, Victoria and South Australia (including water to meet critical human water needs) before the end of the following May; and
(ii) for holding in reserve at the end of the following May.
102A Critical Human Water Needs
(1) Each year the Authority must, before the end of the following May, determine an initial requirement to meet critical human water needs.
(2) For subclause (1), the initial requirement for distribution among New South Wales, Victoria and South Australia is:
(a) before the Basin Plan takes effect—351 000 megalitres; and