(ii) a work or measure authorised under clause 56 of the Agreement for the purposes of this Schedule on and after the commencement of the Water Amendment (Murray‑Darling Basin Agreement—Basin Salinity Management) Regulations 2018.
“Proposal” means any proposal relevant to the subject‑matter of this Schedule, for any action.
“protocol” means a protocol made under subclause 40(1).
“provisional entry” has the meaning given by subclause 20A(2).
“Register A” means the register referred to in sub‑clauses 15(1), (2) and (3);
“Register B” means the register referred to in sub‑clauses 15(1), (2) and (4);
“Review Plan” has the meaning given by subclause 32(1).
“Salinity and Drainage Strategy” means Schedule C to the former Agreement as in force immediately before 1 November 2002.
“salinity cost effect” means a change in average salinity costs resulting from an action, as calculated by the Authority;
“salinity credit” means the reduction in average salinity costs estimated by the Authority in accordance with clause 20;
“salinity debit” means an increase in average salinity costs estimated by the Authority in accordance with clause 20;
“salinity effect” means a change in the average salinity at Morgan resulting from any action, as estimated by the Authority;
“salinity impact” means both the salinity effect and the salinity cost effect;
“S&DS works or measures” means works or measures entered on the Register maintained under the Salinity and Drainage Strategy and includes the works or measures referred to in Appendix 2 as Waikerie Phase 2A SIS.
“Significant Effect” has the meaning set out in sub‑clause 18(3);
“State Action” means any Accountable Action that is designated wholly or partly as a State Action by the Authority in accordance with paragraph 20(1)(b) or 24(2)(a);
“undertake”, in relation to:
(i) a work, includes investigating, designing, constructing, operating and maintaining that work; and
(ii) a measure, includes investigating, developing and implementing that measure;
“valley” means a valley or other geographic area specified in the first column of Appendix 1.
(b) a reference to a Part, clause, sub‑clause, paragraph, or Appendix is a reference to a Part, clause, sub‑clause, paragraph or Appendix of this Schedule.
(2) When a Contracting Government informs the Authority of a Proposal under sub‑clause 17A(1), it must be taken also to have informed the Authority under paragraph 49(1)(a) of the Agreement.
(3) Expressions used in this Schedule and in:
(a) the Water Act; or
(b) the Agreement;
that are not defined in this Schedule have the same meanings as in that Act or Agreement.
3. Application to Queensland and Australian Capital Territory
(1) Subject to sub‑clause 3(2), the whole of this Schedule applies to Queensland and the Australian Capital Territory.
(2) If a provision of this Schedule states that it:
(a) does not apply to Queensland or the Australian Capital Territory; or
(b) applies to Queensland or the Australian Capital Territory only in part, or subject to specified conditions,
that provision takes effect according to its terms.
(3) Unless otherwise indicated, a reference to a State Contracting Government includes a reference to the Government of the State of Queensland and the Government of the Australian Capital Territory.
(4) The Governments of the State of Queensland and the Australian Capital Territory will share equally with other Contracting Governments such investigations, construction and administration costs, as defined in clause 71 of the Agreement, as are attributable to implementing this Schedule, except:
(a) where the Ministerial Council determines otherwise, under sub‑clause 72(1) of the Agreement; or
(b) to the extent that this Schedule provides otherwise in clauses 13 and 48; or
(c) for such of those costs that are referred to in paragraphs (a), (f) and (j) of the definition of “investigations, construction and administration costs” in clause 71 of the Agreement; or
(d) where the cost is attributable to a matter set out in sub‑clause 37(4) of the Agreement.
PART II—ACCOUNTABILITY FOR SALINITY IMPACTS
4. Accountability for Salinity Impacts
A Contracting Government must not, and must ensure that any public authority responsible to it does not, undertake, alter or cease, or permit the undertaking, alteration or cessation of, any action that may have a Significant Effect except in accordance with this Schedule.
5. Estimates of salinity and salt load under Baseline Conditions
(1) Estimates of salinity and salt loads under Baseline Conditions:
(a) at each End‑of‑Valley Target site; and
(b) at the Basin Salinity Target site at Morgan;
are set out in Appendix 1 for those sites.
(5) A State Contracting Government or the Authority (as the case requires) may, from time to time, propose an amendment to any estimate, using the best information available to the State Contracting Government or the Authority at the time the amendment is proposed.
(6) The Authority must appoint an appropriately qualified panel, which shall include at least one representative from the Authority and each State Contracting Government, to review and advise the Authority about any proposed amendment to any estimate made by a State Contracting Government or the Authority.
(7) On the advice of the Committee and after considering the advice of the panel, the Authority may:
(a) endorse a proposed amendment; or
(b) endorse that proposed amendment, subject to the relevant Government modifying it in any way agreed between the Authority and the relevant Government; or
(c) refuse to endorse the proposed amendment.
(7A) If the Authority endorses a proposed amendment to an estimate under paragraph 5(7)(a):
(a) the Authority must recommend to the Ministerial Council that Appendix 1 be amended in accordance with the endorsed amendment; and
(b) the relevant Government may, for the purposes of this Schedule, use the estimate from the day the Authority endorses the proposed amendment.
(8) Within 6 months after the Authority and the relevant Government agree on a modification under paragraph 5(7)(b), the relevant Government must:
(a) modify the estimate in accordance with that agreement; and
(b) give the Authority a copy of the modified estimate.
(9) If the Authority, under paragraph 5(7)(b), endorses a proposed amendment to an estimate subject to the relevant Government modifying it in any way agreed between the Authority and the relevant Government, the following apply:
(a) the relevant Government may, for the purposes of this Schedule, use the estimate originally proposed under subclause 5(5) until the relevant Government:
(i) modifies the estimate in accordance with that agreement; and
(ii) gives the Authority a copy of the modified estimate;
(b) as soon as practicable after receiving the modified estimate, the Authority must recommend to the Ministerial Council that Appendix 1 be amended in accordance with the modified estimate;
(c) the relevant Government may, for the purposes of this Schedule, use the modified estimate from the day it gives the Authority a copy of the modified estimate.
PART III—SALINITY TARGETS
7. Basin Salinity Target
(1) The Basin Salinity Target is to maintain the average daily salinity at Morgan at a simulated level of less than 800 E.C. for at least 95% of the time, under the hydrologic conditions of the Benchmark Period.
Note: E.C. stands for Electrical Conductivity, measured in S/cm.
(2) Achievement of the Basin Salinity Target must be assessed by the Authority from time to time, using one or more of the models developed under clause 36, adapted to simulate the land and water management conditions at the time the assessment is made.
9. Amending End‑of‑Valley Targets
(2) The Authority, or the relevant State Contracting Government which nominated an End‑of‑Valley Target, may, following a review under clause 33 or at any other time, request the Ministerial Council to amend that target.
(3) Where a State Contracting Government requests the Ministerial Council to amend an End‑of‑Valley Target, the Authority must consult that Government and the Committee before the Authority makes any recommendation under sub‑clause 9(4).
(4) The Authority must recommend to the Ministerial Council whether or not the Ministerial Council should adopt a request made under sub‑clause 9(2).
(5) In any recommendation made under sub‑clause 9(4), the Authority must set out the following:
(a) the Authority’s estimate of the likely effects of meeting the nominated target on:
(i) significant environmental, economic, social and other characteristics in the upper River Murray and the River Murray in South Australia; and
(ii) meeting the Basin Salinity Target;
(b) the Authority’s advice about whether the nominated target is contributing adequately to achieving the objectives of the Basin Salinity Management 2030;
(d) any new information about any of those matters which has become available to the Authority, since the relevant End‑of‑Valley Target was adopted by the Ministerial Council, including information that has become available to the Authority as a result of the discharge of functions and exercise of powers under the Water Act.
(6) The Ministerial Council:
(a) may, after considering the matters set out in any recommendation made to it by the Authority, amend an End‑of‑Valley Target; and
(b) must resolve to amend Appendix 1 to include any amended End‑of‑Valley Target.
part iv—AUTHORISED works or measures
10. Joint program
(1) Subject to Part VIII of the Agreement, the Contracting Governments must implement a Joint Program of Joint works and measures under this Schedule:
(a) to ensure that salinity levels of the upper River Murray and the River Murray in South Australia are appropriate for agricultural, environmental, urban, industrial and recreational uses; and
(b) which is sufficient to have the cumulative effect of offsetting predicted future increases in average daily salinity at Morgan, arising from Accountable Actions and Delayed salinity impacts, by 61 E.C. (or by such other figure determined by the Ministerial Council from time to time) before 31 December 2014.
(2) Subject to Part VIII of the Agreement, after 31 December 2014, the Ministerial Council must authorise, and the Contracting Governments must undertake, any further Joint works or measures that the Ministerial Council decides are necessary, desirable or convenient to maintain salinity at or below the Basin Salinity Target.
(3) The Authority must enter any Joint work or measure undertaken under this clause on a Register as an Accountable Action, in accordance with Part V.
11. Attribution of salinity credits or salinity debits for Joint works or measures
(1) Subject to subclause 11(2) and clause 13, unless the Ministerial Council decides otherwise, any salinity credits or salinity debits arising from any Joint work or measure undertaken under clause 10 will be attributed to a Contracting Government to offset salinity debits due to:
(a) Accountable Actions entered on Register A; and
(b) Delayed salinity impacts entered on Register B,
according to the following formula:
Register A
(a) New South Wales 16.39%
(b) South Australia 16.39%
(c) Victoria 16.39%
Register B
(a) New South Wales 8.61%
(b) South Australia 8.61%
(c) Victoria 8.61%
(d) Commonwealth 25.00%
(2) Any salinity credits or salinity debits arising from any Joint work or measure undertaken under clause 10 must, if required by the Committee or BSM procedures, be attributed to all Contracting Governments in the Collective Account.
12. Authorised works or measures
(1) The Ministerial Council must:
(a) set out in Appendix 2 a list of Joint works or measures and a list of S&DS works or measures; and
(b) amend Appendix 2 whenever a new Joint work or measure:
(i) is authorised; or
(ii) is designated in accordance with paragraph 24(2)(b).
(2) Any work or measure from time to time included in Appendix 2 must be taken:
(a) to have been authorised under clause 56 of the Agreement; and
(b) to have been declared effective under clause 64 of the Agreement.
(4) The Authority may, in accordance with the asset management plan approved under clause 53 of the Agreement, declare the whole or part of any Joint works or measures or any S&DS works or measures to be ineffective, pursuant to sub‑clause 70(1) of the Agreement.
(5) The Ministerial Council may, upon the recommendation of the Committee:
(a) declare that any Joint works or measures must be treated as a State Action, in whole or in part; and
(b) amend Appendix 2 to the extent necessary to implement any declaration made under sub‑clause 12(4) or paragraph 12(5)(a).
13. Participation by Queensland and Australian Capital Territory
(1) Subject to sub‑clause 13(2), the Government of Queensland or the Australian Capital Territory (as the case requires) is not required to contribute to the costs of, nor will salinity credits or salinity debits be attributed to that Government in relation to:
(a) any Joint work or measure undertaken under the Joint Program; or
(b) any S&DS works or measures.
(2) The Committee may determine whether, and if so what:
(a) costs; or
(b) salinity credits or salinity debits,
relating to a Joint work or measure undertaken after 1 January 2015 must be contributed by, or will be attributed to, the Government of Queensland or the Australian Capital Territory; and
(c) consequential adjustment may be necessary to the formula set out in clause 11.
14. Co‑ordinating authorised works or measures
The Authority must co‑ordinate the activities of each Contracting Government and its relevant Constructing Authority in undertaking a Joint work or measure or an S&DS work or measure.
PART V—THE REGISTERS
15. Registers A and B
(1) Register A and Register B established under the former Schedule are continued in existence in the form in which they were held, and containing the information they contained, immediately prior to commencement of this Schedule.
(2) The Authority must maintain Register A and Register B in accordance with this Schedule and any BSM procedures.
(3) The Authority must include the following matters on Register A:
(a) all S&DS works or measures; and
(b) except as provided in paragraph 15(4)(b), any action undertaken after a relevant Baseline Date that the Authority has declared has had, or may have, a Significant Effect.
(4) Subject to any transfer under clause 23, the Authority must include the following matters on Register B:
(a) every Delayed salinity impact which the Authority considers may have a Significant Effect; and
(b) any action undertaken under the former Schedule or this Schedule, expressly for the purpose of off‑setting a Delayed salinity impact which the Authority determines may otherwise occur, in accordance with any BSM procedures.
16. Obligations of State Contracting Governments
(1) A State Contracting Government must take whatever action may be necessary:
(a) to keep the total of any salinity credits in excess of, or equal to, the total of any salinity debits, attributed to it in Register A; and
(b) to keep the cumulative total of all salinity credits in excess of, or equal to, the cumulative total of all salinity debits, attributed to it in both Register A and Register B.
(2) For the purpose of calculating the total of any salinity credits under sub‑clause 16(1), any salinity credits which may in future be attributed to a State Contracting Government must not be included in the calculation, unless the Authority, in accordance with any BSM procedures, determines otherwise.
(3) Despite sub‑clause 16(2) and any provision in clause 20 or 22, for the purposes of any calculation under sub‑clause 16(1) and on the application of a State Contracting Government, the Authority may decide:
(a) to postpone the attribution of any salinity debit which might otherwise be attributed to that Government in Register A or Register B, in respect of an Accountable Action that the Government proposes to undertake; or
(b) to allow any salinity credit which might otherwise be attributed to that Government in Register A or Register B, in respect of an Accountable Action after it is declared effective or complete in accordance with sub‑clause 22(1) or 22(3) to be used in the calculation to off‑set any salinity debit already attributed to that Government in Register A or Register B.
(4) The Authority:
(a) must only make a decision under sub‑clause 16(3); and
(b) may attach any condition to such a decision,
in accordance with any relevant BSM procedures.
16A. Obligations of Contracting Governments jointly
The Contracting Governments jointly must ensure that:
(a) salinity credits are not transferred from the Commonwealth Account to the Collective Account or to a Contracting Government unless salinity credits are available in the Commonwealth Account; and
(b) the Collective Account has salinity credits equal to or greater than its salinity debits.
Note—For transfers of salinity credits, see clause 23.
17. Operating Registers
(1) This clause provides a simplified outline of the operation of the Registers under this Part.
(1A) A Contracting Government must, and the Committee may, inform the Authority of any Proposal which may have a Significant Effect.
(2) The Authority must decide, in accordance with any relevant protocols made by the Authority under clause 40, whether the Proposal:
(a) is to be entered on either or both of Register A and Register B, or neither of them; and
(b) must be treated in whole or in part as either or both of a State Action and a Joint work or measure.
(3) Subject to subclause 17(4), the Authority must:
(a) estimate the salinity impacts of an Accountable Action; and
(b) determine any salinity credits or salinity debits arising from that Accountable Action; and