(c) attribute those salinity credits or salinity debits in accordance with clause 21 or 21A.
(4) If the Authority is unable to confidently estimate the salinity impacts of an Accountable Action, the Authority must make a provisional entry in the relevant Register.
(5) The Authority must, in accordance with clause 23, amend Register A or Register B to give effect to trading or transfer of salinity credits and salinity debits.
(6) The Authority must re‑estimate the salinity impacts of each item on Register A and Register B in accordance with clause 24.
(7) The Authority may, in accordance with clause 24, make amendments to Register A or Register B.
17A Informing the Authority of Proposals
(1) A Contracting Government must inform the Authority of any Proposal which the Government, acting reasonably, considers is likely to have a Significant Effect.
(2) The Committee may inform the Authority of any Proposal if the Committee, acting reasonably, considers that:
(a) the Proposal is likely to have a Significant Effect; and
(b) any salinity credits or salinity debits arising from the Proposal will be attributable to the Collective Account.
18. Determining whether a Proposal or action has a Significant Effect
(1) If a Contracting Government informs the Authority under subclause 17A(1) of a Proposal, the Authority must:
(a) assess that Proposal on the basis of information provided to the Authority by the Contracting Government; and
(b) decide whether the Proposal, either on its own or cumulatively with similar past actions or projected similar future actions, may have a Significant Effect.
(1A) If the Committee informs the Authority of a Proposal under subclause 17A(2), the Authority must:
(a) assess the Proposal on the basis of information provided to the Authority by the Contracting Government nominated by the Committee for the purposes of this paragraph; and
(b) decide whether the Proposal, either on its own or cumulatively with similar past actions or projected similar future actions, may have a Significant Effect.
(2) If the Authority becomes aware of an action undertaken within a State after the relevant Baseline Date, of which the Authority has not previously been informed as a Proposal, but which the Authority considers has had or may have a Significant Effect, either on its own or cumulatively with similar past actions or projected similar future actions, it may direct the relevant State Contracting Government to inform the Authority of the action as a Proposal under sub‑clause 17A(1).
(3) A Significant Effect is:
(a) a change in average daily salinity at Morgan which the Authority estimates will be at least 0.1 E.C. by the year 2100; or
(b) a salinity impact which the Authority estimates will be significant.
(4) To make an estimate referred to in sub‑clause 18(3), the Authority must use any relevant method for making that estimate set out in any BSM procedures.
19. Assessing Salinity Impacts of Accountable Actions
(1) If the Authority decides that:
(a) a Proposal referred to in subclause 18(1) or (1A); or
(b) an action referred to in subclause 18(2);
has or may have a Significant Effect, the Authority:
(c) must declare the Proposal or action to be an Accountable Action; and
(d) if the Accountable Action is not the delivery of Basin Plan Water—must, as an interim measure, designate the Accountable Action to be in whole or in part either or both of the following:
(i) a Joint work or measure;
(ii) a State Action; and
Note—If the delivery of Basin Plan Water has been declared an Accountable Action, it is not designated as either a State Action or a Joint work or measure: see subclause 20(2).
(e) if the Proposal is the delivery of Basin Plan Water—must not so designate the Accountable Action; and
(f) must either:
(i) estimate the salinity impacts of the Accountable Action, using a relevant method for assessing salinity impacts set out in any BSM procedures; or
(ii) if the Authority is unable to confidently estimate the salinity impacts of the Accountable Action—prepare a provisional entry.
(2) Subject to subclause 19(4), if the Authority declares a Proposal or action to be an Accountable Action, the relevant Contracting Government must give to the Authority, in accordance with any BSM procedures, all relevant information about the Accountable Action which may assist the Authority accurately to assess its salinity impacts.
(3) For the purposes of subclause 19(2), the relevant Contracting Government for an Accountable Action is as follows:
(a) if the Accountable Action is wholly or partly a Joint work or measure—the Contracting Government nominated by the Ministerial Council in accordance with subclause 56(5) of the Agreement;
(b) if the Accountable Action is wholly or partly a State Action—the relevant State or States;
(c) if the Accountable Action is wholly or partly a State Action in respect of which salinity credits or debits will be attributed to the Collective Account—the Contracting Government determined by the Committee in accordance with paragraph 21A(3)(a).
(4) If the Accountable Action is the delivery of Basin Plan Water, a Contracting Government that has information in its possession that may assist the Authority accurately to assess the salinity impacts of the Accountable Action must, if requested in writing by the Authority, give the information to the Authority.
20. Estimating Salinity Credits and Salinity Debits
(1) Subject to subclause 20(2), after the Authority has estimated the salinity impacts of an action which the Authority considers may be an Accountable Action under clause 19, it must:
(a) estimate the prospective salinity credits or salinity debits arising from that action; and
(b) designate, in accordance with any BSM procedures, that action to be in whole or in part either or both of the following:
(i) a Joint work or measure;
(ii) a State Action; and
Note—Paragraph 20(1)(b) does not empower the Authority to authorise a Joint work or measure or a State Action.
(c) determine whether the prospective salinity credits or salinity debits will be entered in Register A or Register B; and
(d) enter the action in the relevant Register.
(2) If the action is the delivery of Basin Plan Water, the Authority:
(a) must estimate the prospective salinity credits arising from that action; and
(b) must not designate the action to be in whole or in part either or both of the following:
(i) a Joint work or measure;
(ii) a State Action; and
(c) must enter the action in Register A.
(3) Subject to clause 20A, the Authority must make an estimate referred to in paragraph 20(1)(a) or 20(2)(a) in accordance with a relevant method for assessing salinity impacts set out in any BSM procedures.
20A. Provisional entries in Registers
(1) This clause applies if the Authority is unable to confidently estimate the salinity impacts of an Accountable Action, or a Delayed salinity impact, in accordance with any relevant method for assessing salinity impacts set out in any BSM procedures.
(2) The Authority may, in accordance with any reasonable method for assessing salinity effects, make a provisional entry in Register A or Register B of the Authority’s estimate of the salinity effects of the Accountable Action or Delayed salinity impact.
(3) If the Authority makes a provisional entry in a Register in accordance with subclause 20A(2), the Authority must, as soon as practicable:
(a) estimate the salinity credits or salinity debits of the Accountable Action or Delayed salinity impact; and
(b) amend the relevant Register accordingly.
(4) Each relevant Contracting Government must give to the Authority all relevant information to assist the Authority to make an estimate under paragraph 20A(3)(a).
21. Attributing Salinity Credits or Salinity Debits
(1) Subject to subclause 21(2) and clause 21A, the Authority must, in accordance with any BSM procedures, attribute salinity credits or salinity debits:
(a) arising from a Joint work or measure, in accordance with clause 11; or
(b) arising from a State Action, to the State Contracting Government which undertakes that action; or
(c) arising from the delivery of Basin Plan Water, to the Commonwealth Account.
(2) Despite paragraph 21(1)(b), where:
(a) there is an agreement referred to in clause 23, the Authority must, in accordance with any BSM procedures, attribute any salinity credits or salinity debits in accordance with that agreement; and
(b) two or more Contracting Governments together undertake the relevant State Action, the Authority must, in accordance with any BSM procedures, attribute any salinity credits or salinity debits arising from that action in the manner agreed between those Contracting Governments.
21A. Attributing certain salinity credits or salinity debits to the Collective Account
(1) The Authority must, in accordance with any BSM procedures, attribute salinity credits and salinity debits to the Collective Account if the credits or debits arise from an Accountable Action that is designated for the purposes of this subclause by:
(a) any BSM procedures; or
(b) the Committee.
(2) For the purposes of subclause 21A(1), an Accountable Action does not include the delivery of Basin Plan Water.
(3) If subclause 21A(1) applies, the Committee must determine which Contracting Government is to be responsible for the following:
(a) providing all relevant information about the Accountable Action to the Authority for the purposes of subclause 19(2);
(b) monitoring and reviewing the Accountable Action for the purposes of clauses 27, 28 and 33.
21B. Establishing and maintaining a record of the proportions in which salinity credits and salinity debits are attributed
The Authority must, in accordance with any BSM procedures, establish and maintain a record of the proportions in which salinity credits and salinity debits were attributed for Joint works or measures or S&DS works or measures under the following:
(a) the Salinity and Drainage Strategy;
(b) the Basin Salinity Management Strategy;
(c) this Schedule as in force on and after the commencement of the Water Amendment (Murray‑Darling Basin Agreement—Basin Salinity Management) Regulations 2018.
22. When Salinity Credits and Salinity Debits must be entered on a Register
(1) Subject to sub‑clause 16(3), when the Authority has estimated that a salinity credit will arise from an Accountable Action and either:
(a) the Authority declares that Accountable Action to be effective under clause 64 of the Agreement; or
(b) if the Accountable Action is to be undertaken in stages, the Authority declares a stage to be effective under clause 64 of the Agreement,
the Authority must:
(c) attribute salinity credits arising from the Accountable Action in accordance with clause 21 or 21A; and
(d) enter the salinity credits on the relevant Register,
in accordance with any relevant BSM procedures.
(2) Subject to sub‑clause 16(3), when the Authority has estimated that salinity debits will arise from an Accountable Action, before any Contracting Government:
(a) commences to undertake the Accountable Action; or
(b) if the Accountable Action is to be undertaken in stages, commences to undertake any stage,
the Authority must:
(c) attribute the prospective salinity debits arising from the Accountable Action or stage in accordance with clause 21 or 21A; and
(d) enter the salinity debits on the relevant Register,
in accordance with any relevant BSM procedures.
(3) Despite sub‑clauses 22(1) and 22(2), if an Accountable Action is a State Action that is not required to be declared effective under clause 64 of the Agreement, the Authority must, in accordance with any BSM procedures:
(a) attribute any salinity credits arising from that State Action at the time when the Authority considers that the Accountable Action is substantially complete; and
(b) enter the salinity credits on the relevant Register.
23. Trading and transfers of salinity credits and salinity debits
(1) A Contracting Government may agree to assign any or all of the salinity credits or salinity debits attributed to that Government in Register A, to one or more of the other Contracting Governments.
(2) When the parties to an agreement referred to in sub‑clause 23(1) inform the Authority in writing of that agreement and its effect, the Authority must:
(a) attribute salinity credits or salinity debits in accordance with the agreement; and
(b) amend Register A accordingly.
(2A) Unless the Committee directs otherwise, a Contracting Government may, if any BSM procedures permit and in accordance with any such procedures, assign to the Collective Account any or all of the salinity credits or salinity debits attributed to that Government on Register A. If a Contracting Government does so, the Authority must amend Register A accordingly.
(2B) The Authority must, if required by any BSM procedures, transfer any salinity credits attributed to the Commonwealth Account to the Collective Account and amend Register A accordingly.
(2C) The Authority must, at the request of a State Contracting Government, and in accordance with any BSM procedures:
(a) transfer a State Contracting Government’s share of salinity credits in the Collective Account to that State Contracting Government; and
(b) amend Register A accordingly.
(3) A Contracting Government, with the prior written approval of the Committee, may agree to assign any or all of the salinity credits or salinity debits attributed to that Government in Register B, to one or more of the other Contracting Governments.
(4) The Authority must:
(a) attribute salinity credits and salinity debits in accordance with any agreement approved by the Committee under sub‑clause 23(3); and
(b) amend Register B accordingly.
(5) The Authority may, in accordance with BSM procedures, give effect to any written request by a Contracting Government to transfer a salinity credit attributed to that Government:
(a) in Register A, to Register B; or
(b) in Register B, to Register A.
24. Re‑estimating salinity impacts and amendment of Register entries
(1) The Authority:
(a) must re‑estimate the salinity impacts of an Accountable Action or a Delayed salinity impact following a review of the Accountable Action or Delayed salinity impact in accordance with a Review Plan under clause 32; and
(aa) may, at any other time, re‑estimate the salinity impacts of an Accountable Action or Delayed salinity impact; and
(b) if the re‑estimated salinity impacts differ from the Authority’s most recent previous estimate of the salinity impacts, must:
(i) alter the calculation and attribution of either or both of the salinity credits and salinity debits; and
(ii) make any consequential amendment to a Register,
to reflect the re‑estimated salinity impacts.
(1A) If the Authority considers that an estimate of the salinity cost effect on which a salinity credit or salinity debit of an Accountable Action or Delayed salinity impact was determined is not reliable, the Authority:
(a) may, in accordance with the advice of the Committee, remove the salinity credit or salinity debit and replace it with a provisional entry; and
(b) must, as soon as practicable, use its best efforts to make a reliable estimate and make a consequential amendment of the Register to reflect the re‑estimated salinity impacts.
(2) The Authority may, on the advice of the Committee:
(a) designate a Joint work or measure to be a State Action; or
(b) designate a State Action to be a Joint work or measure; or
(c) remove an Accountable Action from a Register; or
(d) determine that an Accountable Action must, in future, be treated as more than one Accountable Action.
(3) Whenever the Authority takes any action referred to in sub‑clause 24(1) or 24(2) it must:
(a) review the calculation and attribution of salinity credits or salinity debits arising from the relevant Accountable Action or Delayed salinity impact, as the case requires; and
(b) make any consequential amendment to a Register,
in accordance with any relevant BSM procedures.
PART VI—MONITORING
25. Monitoring obligations
(1) The Authority and each State Contracting Government must carry out such monitoring as it is required to undertake:
(a) to fulfil its respective reporting obligations under Part VII; and
(b) by this Part,
in accordance with any relevant BSM procedures.
(2) A State Contracting Government must give the Authority the results of monitoring carried out by it:
(a) since it last gave such results to the Authority, at any time reasonably requested by the Authority; and
(b) during a financial year, by 30 November of the following financial year.
26. Monitoring at End‑of‑Valley Target sites
A State Contracting Government must, in accordance with any BSM procedures, undertake continuous flow and salinity monitoring in respect of relevant End‑of‑Valley Target sites for which it is responsible.
27. Monitoring programs in relation to Accountable Actions and Delayed salinity impacts
(1) A State Contracting Government nominated under sub‑clause 56(5) of the Agreement, in respect of a Joint work or measure that is an Accountable Action, must give the Authority a proposed program to monitor the salinity impacts of that Accountable Action within 3 months after the Government is nominated.
(2) A State Contracting Government must, within 3 months after a State Action undertaken by the Government has been completed, give to the Authority a proposed program:
(a) to monitor the salinity impacts of that State Action; and
(b) to monitor for Delayed salinity impacts in that State.
(2A) A State Contracting Government must give to the Authority a proposed program to monitor the salinity impacts of a Joint work or measure that is designated to be a State Action for that State in accordance with paragraph 24(2)(a) within 3 months after such designation.