(2B) If salinity credits or salinity debits arising from an Accountable Action are attributed to the Collective Account in accordance with clause 21A, then the Contracting Government that the Committee, under paragraph 21A(3)(b), determines is responsible for monitoring the Accountable Action must give the Authority a proposed monitoring program to monitor the salinity impacts of the Accountable Action.
(3) The Authority may, in accordance with any BSM procedures:
(a) accept a program given to it under sub‑clause 27(1), 27(2) or 27(2A); or
(b) accept that program with any amendment made by the Authority; or
(c) decline to accept the program, setting out its reasons.
(4) The Authority may, from time to time, give directions to a Constructing Authority under paragraph 61(1)(a) of the Agreement to ensure that any Joint work or measure or any S&DS work or measure is monitored efficiently and effectively.
(5) The Committee may make BSM procedures to ensure that any Accountable Action or Delayed salinity impact is monitored efficiently and effectively.
28. Monitoring Accountable Actions and monitoring for Delayed salinity impacts
(1) A Contracting Government nominated under sub‑clause 56(5) of the Agreement in respect of a Joint work or measure must monitor the salinity impacts of that Joint work or measure in accordance with a program accepted by the Authority under clause 27.
(2) A State Contracting Government must, in accordance with a program accepted by the Authority under clause 27:
(a) monitor the salinity impacts of a State Action in the State; and
(b) monitor for Delayed salinity impacts in that State.
(3) A Contracting Government mentioned in subclause 27(2B) must, in accordance with a program accepted by the Authority under clause 27, monitor the salinity impacts of an Accountable Action which the Committee determines it is responsible for monitoring.
(4) A Contracting Government nominated under subclause 56(5) of the Agreement in respect of an S&DS work or measure must monitor the salinity impacts of that S&DS work or measure in accordance with a program approved under clause 12 of the former Schedule, unless and until the Authority alters it, and thereafter in accordance with the altered program.
PART VII—REPORTING, AUDIT AND REVIEW
29. Reports by State Contracting Governments
(1) A State Contracting Government must, in accordance with any BSM procedures, prepare:
(a) a status report for the financial year commencing on 1 July 2017 and every second financial year; and
(b) a comprehensive report for the financial year commencing on 1 July 2018 and every second financial year.
(2) A State Contracting Government must give the report to the Authority as soon as practicable after the end of the financial year to which the report relates and, in any case, by 30 November in the following financial year.
30. Annual report by Commonwealth Government
(1) The Commonwealth Government must, after the end of each financial year, prepare a report in respect of that financial year in accordance with any BSM procedures.
(2) The Commonwealth Government must give the report to the Authority as soon as practicable after the end of the financial year to which the report relates and, in any case, by 30 November in the following financial year.
31. Reports by the Authority
(1) The Authority must, in accordance with this clause and any BSM procedures, prepare the following:
(a) for the financial year commencing on 1 July 2017 and every second financial year:
(i) a status report; and
(ii) a summary report;
(b) for the financial year commencing on 1 July 2018 and every second financial year—a comprehensive report.
Status report
(2) The Authority must give the status report to the Committee as soon as practicable after the end of the financial year to which the report relates and, in any case, by 31 December in the following financial year.
(3) When the Authority gives the status report to the Committee, the Authority must also give to the Committee the following:
(a) a copy of each State Contracting Government’s report prepared under paragraph 29(1)(a) for that financial year;
(b) a copy of the Commonwealth Government’s annual report prepared under subclause 30(1) for that financial year.
Comprehensive report
(4) The Authority must give the comprehensive report to the Ministerial Council as soon as practicable after the end of the financial year to which the report relates and, in any case, by 31 March in the following financial year.
(5) A comprehensive report must, for the financial year to which it relates, include the following:
(a) a summary of each State Contracting Government’s report prepared under paragraph 29(1)(b) for that financial year;
(b) a summary of the Commonwealth Government’s annual report prepared under subclause 30(1) for that financial year;
(c) the executive summary and recommendations of the audit report prepared in relation to the financial year under subclause 34(5).
Summary report
(6) The Authority must give each summary report to the Ministerial Council as soon as practicable after the end of the financial year to which the summary report relates and, in any case, by 31 March in the following financial year.
(7) A summary report must include a summary of the information included in the reports prepared under paragraph 29(1)(a), subclause 30(1) and subparagraph 31(1)(a)(i) for the financial year.
Publication of reports
(8) The Authority must publish each status report, comprehensive report and summary report prepared under this clause on its website.
32. Review Plan
(1) The Authority must prepare and approve a plan (the Review Plan) in accordance with this clause and any relevant BSM procedures.
(2) The Review Plan must be:
(a) prepared on the basis of information and advice provided to the Authority by the Contracting Governments; and
(b) approved by the Authority on the advice of the Committee.
(3) The Review Plan must provide for the review of the following matters:
(b) models or assessment methods associated with Register entries;
(c) End‑of‑Valley Targets, including, for each valley, a review of associated models and baseline data;
(d) any other model used or approved by the Authority under clause 38 to estimate salinity impacts.
(4) Unless otherwise determined by the Committee, the matters to be reviewed under subclause 32(3) are to be reviewed as follows:
(a) for Register entries (including provisional entries):
(i) for Joint works or measures and S&DS works or measures—by the Authority; and
(ii) for State Actions—by the relevant State Contracting Government or, if the action is shared between States, by the relevant State Contracting Governments; and
(iii) for salinity credits or salinity debits that are attributed to the Collective Account—as determined by the Committee in accordance with paragraph 21A(3)(b); and
(iv) for delivery of Basin Plan Water—by the Authority; and
(v) for Delayed salinity impacts—by the relevant State Contracting Government;
(b) for models or assessment methods associated with register entries—by the Authority or the Contracting Government responsible for reviewing the relevant register entry;
(c) for End‑of‑Valley Targets—by the State Contracting Government responsible for the relevant valley;
(d) for any other model used or approved by the Authority—by the Authority.
(5) Each matter specified in the Review Plan must be reviewed at least once during the 10 year period commencing on 1 January 2016 and must be reviewed within 10 years of the previous review.
(6) The Authority must review the Review Plan on an annual basis and may, in accordance with any BSM procedures, amend the Review Plan by changing the frequency of review of any matter specified in the Review Plan.
(7) The Authority or a Contracting Government may, but is not required to, review a model underpinning one or more register entries at the same time as the Authority or the Government, as the case may be, reviews the relevant register entry or entries.
33. Review of matters in Review Plan by Contracting Governments and Authority
(1) Each Contracting Government and the Authority must review, and report on, matters for which the Contracting Government or the Authority is responsible under the Review Plan, in accordance with the Review Plan and any relevant BSM procedures.
(2) A report arising from a review of matters under paragraph 32(4)(a) must include the Authority’s estimate (based on the best information available to the Authority at the time the report is prepared) of the cumulative effect of the Accountable Actions or Delayed salinity impacts on the salinity, salt load and, where relevant, the flow regime in the upper River Murray and the River Murray in South Australia in the current year and in each of 2000, 2015, 2030, 2050 and 2100.
(3) A report arising from a review of matters under paragraph 32(4)(c) in relation to End‑of‑Valley Targets must include information about salinity trends, predictions and risk profile for the relevant valley.
34. Audit and assessment
(1) The Authority must appoint independent auditors for the purpose of carrying out an audit and assessment under this clause.
(2) A person who is appointed as one of the independent auditors referred to in sub‑clause 34(1):
(a) is appointed for such period and on such terms as are set out in that person’s instrument of appointment; and
(b) may resign by written notice addressed to the Authority; and
(c) may only be removed from office during the period of that person’s appointment by the Committee, on the recommendation of the Authority.
(2A) An audit and assessment is to commence by November after the end of the financial year mentioned in paragraph 31(1)(b).
(3) The independent auditors must together carry out the following:
(a) an audit under this clause of the following:
(i) the report of each review conducted in the preceding 2 financial years by each Contracting Government and by the Authority under clause 33;
(ii) Register A and Register B;
(b) an assessment of the following:
(i) the implementation of the Basin Salinity Management 2030;
(ii) the implementation of the Review Plan, including the appropriateness of review periods.
(3A) The Authority may, at any time, in consultation with the Contracting Governments, amend the terms of reference for an audit or assessment to include additional matters to be covered by the audit or assessment.
(4) The independent auditors must, in each audit, reach a view by consensus about:
(a) the performance of each Contracting Government and of the Authority in implementing the provisions of this Schedule since the previous audit; and
(b) whether the Authority has fairly and accurately recorded the salinity impacts of each action entered in Register A or Register B.
(5) The independent auditors must prepare a report setting out:
(a) the findings of each audit and assessment; and
(b) any recommendations made by the independent auditors arising from that audit or assessment.
(6) Without limiting sub‑clause 34(5), a report:
(a) must set out the view reached on each of the matters referred to in sub‑clause 34(4); and
(b) may recommend to the Authority that the salinity impacts entered in Register A or Register B for an Accountable Action be varied; and
(c) may set out a finding that the total salinity credits are not equal to, or do not exceed, the total salinity debits attributed to a State Contracting Government in Register A, contrary to paragraph 16(1)(a).
35. Review of Schedule
(1) The Authority must prepare and give to the Ministerial Council a report on the operation of this Schedule as follows:
(a) at such times as the Committee directs;
(b) at any time the Authority considers appropriate.
(2) Without limiting the contents of any report prepared under sub‑clause 35(1), the Authority may include in a report:
(a) a summary of:
(i) the Delayed salinity impacts; and
(ii) the salinity impacts of every Accountable Action undertaken before the date of the report,
within the Murray‑Darling Basin, based on the reports prepared under clause 33 since the last report prepared under subclause 35(1); and
(b) a description of any additions to, or alterations of, the Joint Program proposed to ensure that the Basin Salinity Target is met, since the Authority’s last report made under sub‑clause 35(1).
(3) A report prepared under sub‑clause 35(1) may conclude that a Contracting Government has not complied with one or more of its obligations under this Schedule.
35A. Review of the Basin Salinity Management 2030
(1) The Authority must:
(a) by 31 December 2025—prepare, in consultation with Contracting Governments, a plan to review the Basin Salinity Management 2030; and
(b) by 31 December 2026—commence a review of the Basin Salinity Management 2030 in accordance with the plan.
(2) The review must include a review of the following matters:
(a) matters required by any BSM procedures;
(b) matters mentioned in the Basin Salinity Management 2030 as matters to be considered in the review;
(c) the operation of this Schedule.
PART VIII—MODELS
36. Models to be developed by the Authority
(1) Using the Benchmark Period, the Authority must develop and maintain one or more models to simulate:
(a) the salinity, salt load and flow, each on a daily basis; and
(b) the economic effects on water users of the simulated salinity, salt load and flow,
in the Upper River Murray and the River Murray in South Australia.
(2) Any model or models developed under subclause 36(1) must be capable of estimating, or supporting the estimation of, the following:
(a) any salinity impacts of Accountable Actions;
(b) any Delayed salinity impacts;
at Morgan and such other relevant locations as the Authority may determine, for each of the years 2000, 2015, 2030, 2050, 2100 and for such other years as the Authority may determine.
(3) A Contracting Government must give the Authority information about the matters referred to in paragraphs 36(2)(a) and (b) that is in the possession of the Contracting Government in order to assist the Authority to develop and maintain a model referred to in subclause 36(1).
(4) The Authority may, from time to time, alter a model developed under sub‑clause 36(1).
37. Models developed by State Contracting Governments
(1) Each State Contracting Government must develop and maintain:
(a) subject to subclause (3), one or more models to simulate, under Baseline Conditions, the daily salinity, salt load and flow, over the Benchmark Period, for each Valley specified in Appendix 1 for which the State Contracting Government is responsible; and
(b) one or more groundwater models to simulate, under Baseline Conditions, salt water accessions to the surface waters, where required for the assessment of Accountable Actions or Delayed salinity impacts for which the State Contracting Government is responsible.
(2) Any model or models developed under subclause 37(1) must be capable of estimating or, in the case of groundwater, supporting the estimation of, the following:
(a) any salinity impacts of Accountable Actions;
(b) any Delayed salinity impacts;
for each Valley and each End‑of‑Valley Target site specified in Appendix 1 for each of the years 2000, 2015, 2030, 2050, 2100 and for such other years as the Authority determines.
(3) A State Contracting Government is not required to develop and maintain a model for the purposes of paragraph 37(1)(a) if a model developed by the Authority under clause 36 is capable of simulating the matters required by a model under paragraph 37(1)(a).
(4) A State Contracting Government may, from time to time, alter a model developed under subclause 37(1).
38. Assessment and Approval of Certain Models
(1) A model, or any alteration to that model, developed to help the Authority or a State Contracting Government meet reporting obligations under this Schedule, must be assessed in accordance with this clause and any relevant BSM procedures.
(2) The Authority must assess any model, or any alteration to a model, made by a State Contracting Government.
(3) The Authority must appoint an appropriately qualified panel to assess any model, or alteration to a model, made by the Authority.
(4) An assessment of any alteration to a model must include any matter required by any BSM procedures, and must set out the assessor’s estimation of the consequences of the alteration on salinity, salt load and flow, each on a daily basis, for each Valley and at each End‑of‑Valley Target site which may be affected by the alteration.
(5) After completing the assessment of a model or alteration under subclause 38(2) or considering the assessment made by the panel under subclause 38(3), the Authority may:
(a) approve the model or alteration; or
(b) approve that model or alteration, subject to:
(i) in the case of a model or alteration prepared by a Government, the relevant Government modifying the model or alteration in a way agreed between it and the Authority; or
(ii) in the case of a model prepared by the Authority, the Authority modifying the model or alteration in a way it determines; or
(c) decline to approve the model or alteration ,setting out its reasons.
(6) Within 6 months (or such longer period agreed by the Committee) after the Authority approves a model or alteration under paragraph 38(5)(b):
(a) the relevant Government or the Authority must modify the model, or alteration to a model, as required under that paragraph; and
(b) in the case of a State Contracting Government, give a copy of the modified model, or alteration to a model, to the Authority, if the Authority, in writing, requests the State Contracting Government to do so.