(7) A model in the form initially assessed under this clause may be used temporarily for the purposes of this Schedule until any modification to the model agreed upon or determined under paragraph 38(5)(b) (as the case requires) has been:
(a) made by the Authority or the relevant Government; and
(b) approved by the Authority.
(8) When an alteration to a model:
(a) is approved under paragraph 38(5)(a); or
(b) modified under sub‑clause 38(6),
the relevant model is altered accordingly.
PART IX—PROTOCOLS AND BSM PROCEDURES
40. Authority’s power to make protocols
(1) The Authority may, in consultation with the Committee, from time to time make, amend or revoke such protocols as it considers necessary, desirable or convenient to give effect to this Schedule.
(2) The Authority must notify each Contracting Government:
(a) whenever it is considering making, amending or revoking a protocol; and
(b) of the subject matter of the proposed protocol or amendment.
(3) A Contracting Government may nominate a person with relevant expertise and experience to give advice to the Authority in developing the proposed protocol or amendment.
(4) The Authority must consider any advice given by any person nominated under sub‑clause 40(3), before it adopts the proposed protocol or amendment.
(5) Protocols made under this clause must not be inconsistent with any provision of the Agreement (including its Schedules) and are void to the extent of any inconsistency.
(6) The Authority may not delegate any power conferred on it by sub‑clause 40(1).
40A. BSM procedures
(1) The Committee may, from time to time, make, amend or revoke such procedures (BSM procedures) as it considers necessary, desirable or convenient to give effect to this Schedule.
(2) BSM procedures must not be inconsistent with any provision of the Agreement (including its Schedules) and are of no effect to the extent of any inconsistency.
(3) The Authority must publish BSM procedures on its website.
41. Matters that may be dealt with in BSM procedures
Without limiting subclause 40A(1), the Committee may make any BSM procedures as follows:
(a) about assessing Proposals;
(b) about the nature and form of information which a State Contracting Government must give to the Authority to enable it to estimate salinity impacts;
(c) establishing a common method to be used to estimate the salinity impacts of both any Proposal and any Accountable Action;
(d) establishing a method, using Baseline Conditions, to estimate Delayed salinity impacts;
(e) establishing a method to determine any salinity credits or salinity debits arising from a salinity impact;
(f) for administering Register A and Register B, including:
(i) deciding whether an Accountable Action should be entered on Register A or Register B;
(ii) how to estimate the salinity impact of an action;
(iii) how any salinity credits or salinity debits are to be apportioned between, and attributed to, Contracting Governments;
(iv) about the purpose and operation of the Collective Account, and the attribution of salinity credits or salinity debits to the Collective Account;
(v) about the attribution or transfer of salinity credits to or from the Commonwealth Account;
(vi) about a Contracting Government accessing its share of salinity credits attributed to the Collective Account;
(vii) about provisional entries (including rules about the use of provisional entries);
(g) about monitoring:
(i) the salinity impacts of an Accountable Action;
(ii) Delayed salinity impacts;
(iii) at End‑of‑Valley Target sites;
(ga) about the form and content of reports under clauses 29, 30 and 31;
(gb) about the form and content of the Review Plan (including any operational review undertaken as part of a register entry review);
(gc) about the conduct of a review, and the content of a review report, under clause 33;
(gd) about matters to be included in a review under clause 35 or 35A;
(h) about developing and assessing models referred to in Part VIII and using those models;
(k) about making sure that reporting obligations and the nature and content of reports prepared under this Schedule are consistent with the reporting requirements of the Basin Plan, land and water management plans and relevant statutory requirements.
PART X—DEFAULT
42. Relationship with Part XI of the Agreement
The provisions of this Part are in addition to, and do not derogate from, any provision in clause 86 of the Agreement.
43. Default by a State Contracting Government
(1) The Authority must determine that a State Contracting Government is in default for the purpose of this clause if the Authority:
(a) decides; or
(b) receives a report of an audit under sub‑clause 34(5) which finds,
that the total salinity credits do not exceed, or are not equal to, the total salinity debits attributed to that Government in Register A, contrary to paragraph 16(1)(a).
(1A) The Authority must not make a determination under subclause 43(1) unless, before making the determination, it has, in accordance with any BSM procedures:
(a) made an assessment of risk to achieving the Basin Salinity Target; and
(b) consulted Contracting Governments.
(2) If the Authority determines that a State Contracting Government is in default, the Authority must:
(a) forthwith declare that the State is in default of its obligations under this Schedule; and
(b) report the matter to the next meeting of the Ministerial Council.
44. Exception Reports
(1) The Authority may determine:
(a) that the combined total of all salinity credits does not exceed the combined total of all salinity debits attributed to a State Contracting Government in both Register A and Register B, contrary to paragraph 16(1)(b);
(c) that a Contracting Government has not complied with one or more of its obligations under this Schedule, on the basis of a conclusion in a review report, referred to in sub‑clause 35(3).
(2) If the Authority makes a determination under sub‑clause 44(1) it must report that fact to the next meeting of the Ministerial Council.
(3) The Authority may revoke a determination made under sub‑clause 44 (1) if it is satisfied that the circumstances which led to the determination no longer exist.
45. Proposal for remedial action
(1) The Authority must:
(a) upon making a determination under sub‑clause 43(1) or 44(1), consult with the relevant Contracting Government, with a view to remedying the situation leading to that determination; and
(b) include in the relevant report to the Ministerial Council, the Authority’s proposal for remedying that situation.
(2) The Authority must not act under subclause 45(1) unless it has first consulted the Committee.
46. Action by a Contracting Government
A Contracting Government which has been the subject of a report made by the Authority to the Ministerial Council under either paragraph 43(2)(b) or sub‑clause 44(2), must:
(a) give a report to the next meeting of the Ministerial Council, setting out:
(i) an explanation of the circumstances leading to the Authority’s determination; and
(ii) what action the Government has taken, or proposes to take, to remedy that situation; and
(iii) if the circumstances leading to the Authority’s determination were a situation referred to in paragraph 44(1)(a), how long the Government predicts it will be before that Government complies with paragraph 16(1)(b); and
(b) report annually thereafter to the Ministerial Council on the action it has taken, or proposes to take, to remedy the situation, until:
(i) in the case of a determination made under sub‑clause 43(1), the Authority is satisfied that the Government once more complies with paragraph 16(1)(a) and reports that fact to the Ministerial Council; or
(ii) in the case of a determination made under sub‑clause 44(1), the Authority revokes that determination.
PART XI—FINANCE
47. State Actions
(1) Subject to subclauses 47(2) and (3), the cost of undertaking and monitoring a State Action must either:
(a) be met by the Contracting Government which undertakes it; or
(b) if the State Action is undertaken by more than one Contracting Government, be met by them in such proportions as they may agree.
(2) Where a Contracting Government agrees to assign to another Contracting Government any salinity credits or salinity debits under clause 23, any financial obligation of the Government making the assignment under sub‑clause 47(1) will be allocated between the parties to the agreement, in such proportions as they may agree.
(3) The costs of undertaking, monitoring and reviewing State Actions whose salinity credits and salinity debits will be attributed to the Collective Account are to be shared between Contracting Governments in accordance with a determination of the Committee.
48. Joint works or measures and S&DS works or measures
(1) Subject to subclause 48(2), the provisions of clause 72 of the Agreement apply to every Joint work or measure and every S&DS work or measure.
(2) The share of the cost of any Joint work or measure or any S&DS work or measure attributable to a Contracting Government under subclause 48(1) may be varied by an agreement made under clause 23.
Part XII—TRANSITIONAL PROVISIONS
DIVISION 1—AMENDMENTS MADE BY THE WATER AMENDMENT (MURRAY—DARLING BASIN AGREEMENT—BASIN SALINITY MANAGEMENT) REGULATIONS 2018
50. Application of Division
This Division applies in relation to amendments of this Schedule made by Schedule 1 to the amending regulations.
51. Definitions
In this Division:
“amending regulations” means the Water Amendment (Murray‑Darling Basin Agreement—Basin Salinity Management) Regulations 2018.
“commencement day” means the day on which this Division commences.
“new Schedule B” means this Schedule as in force on and after the commencement of this Division.
“old Schedule B” means this Schedule as in force immediately before the commencement of this Division.
52. Things started but not finished before commencement day
(1) This clause applies if:
(a) before the commencement day a Contracting Government, the Committee, the Authority or an auditor appointed under clause 34 of old Schedule B started doing a thing in accordance with old Schedule B; and
(b) immediately before that day the Contracting Government, Committee, Authority or auditor had not finished doing that thing.
(2) The Contracting Government, Committee, Authority or auditor, as the case requires, must, on and after the commencement day, finish doing the thing in accordance with old Schedule B, unless the Contracting Government, Committee, Authority or auditor considers it more appropriate to finish doing the thing in accordance with new Schedule B.
53. Things done in anticipation of new Schedule B
Acts or things consistent with new Schedule B done by or on behalf of a Contracting Government, the Committee, the Authority or an auditor appointed under clause 34 of old Schedule B, before the commencement day in anticipation of new Schedule B are, on and after the commencement day, taken to have been done under and in accordance with new Schedule B.
54. Things done by, or in relation to, the Committee or Authority
If, before the commencement day, a thing was done by, or in relation to, the Committee or the Authority under old Schedule B, then the thing is taken, on and after that day, to have been done by, or in relation to, the Committee or the Authority, as the case requires, under new Schedule B.
55. Things done under old Schedule B for particular purpose
(1) If:
(a) a thing was done for a particular purpose under old Schedule B; and
(b) the thing could be done for that purpose under new Schedule B;
the thing has effect for the purposes of new Schedule B as if it had been done under new Schedule B.
(2) Without limiting subclause 55(1), a reference in that subclause to a thing being done includes a reference to an attribution, notice, report, plan or other instrument being given or made.
56. Amendments have no effect on previous operation of old Schedule B
The amendment of a provision (the affected provision) of this Schedule by Schedule 1 to the amending regulations does not:
(a) affect the previous operation of the affected provision or anything duly done or suffered under the affected provision; or
(b) affect any right, privilege, obligation or liability acquired, accrued or incurred by a Contracting Government, the Committee or the Authority under the affected provision.
57. Saving of protocols
Protocols made by the Authority under clause 40 of old Schedule B and in force immediately before the commencement day continue to have effect on and after that day as if they were BSM procedures made by the Committee under clause 40A and may be amended or revoked by the Committee in accordance with clause 40A.
58. Provisional entries
An entry made by the Authority in Register A or Register B before the commencement day purporting to be a provisional entry is, on and after the commencement day, taken to be a provisional entry made by the Authority in accordance with clause 20A.
SCHEDULE B—APPENDIX 1—End of Valley Targets A table titled Basin Salinity Management 2030 End-of-Valley Salinity Targets
SCHEDULE B—APPENDIX 2—AUTHORISED WORKS OR MEASURES
Description of works
Location
Nominated Government
Status
Barr Creek Drainage Diversion Scheme Saline water diversion from Barr Creek with disposal to the Tutchewop Lakes
Northern Victoria approximately 20 km north of the township of Kerang
Victoria
S&DS works or measures
Buronga Salt Interception Scheme (part) Groundwater pumping with disposal to Mourquong basin
Southwest New South Wales on the River Murray between Mildura Weir and Mourquong
New South Wales
S&DS works or measures
Mallee Cliffs Salt Interception Scheme Groundwater pumping with disposal to Mallee Cliffs evaporation basin
Southwest New South Wales on the River Murray approximately 30 km east of Mildura opposite Lambert Island in Victoria
New South Wales
S&DS works or measures
Mildura‑Merbein Salt Interception Scheme (part) Groundwater pumping with disposal to Wargan evaporation basins
Northwest Victoria on the Southern side of the River Murray between Mildura and Merbein
Victoria
S&DS works or measures
Rufus River Groundwater Interception Scheme Groundwater pumping with disposal to evaporation basins on the western side of lake Victoria
On both sides of Rufus River between the outlet from Lake Victoria and the River Murray
South Australia
S&DS works or measures
Waikerie Salt Interception Scheme Groundwater pumping with disposal to Stockyard Plain evaporation basin. The Waikerie Salt Interception Scheme consists of the following:<br>(a) Waikerie SIS<br> <br>(b) Waikerie Phase 2A SIS<br> <br>(c) Waikerie Lock 2 SIS
Southern side of the River Murray from Holder Bend (River distance 392 km) to Hogwash Bend (River distance 351 km)
South Australia
<br> <br> <br> <br> <br> <br> <br>(a) S&DS works or measures<br>(b) S&DS works or measures<br>(c) BSMS works or measures
Woolpunda Salt Interception Scheme Groundwater pumping with disposal to Stockyard Plain evaporation basin
Both sides of the River Murray from Overland Corner to Holder Bend in South Australia
South Australia
S&DS works or measures
Pyramid Creek Salt Interception Scheme Groundwater pumping with disposal to a salt harvesting pond complex
Along Pyramid Creek for 12 km from Flannery’s Bridge to the Box Creek Regulator
Victoria
BSMS works or measures
Bookpurnong Salt Interception Scheme<br>Groundwater pumping with disposal to Noora evaporation basin
Eastern side of the River Murray adjacent to Lock & Weir No 4 between Berri to the North East and Loxton to the South
South Australia
BSMS works or measures
Loxton Salt Interception Scheme<br>Groundwater pumping with disposal to Noora evaporation basin
Eastern side of the River Murray between Lock & Weir No 4 to the North and Loxton to the South
South Australia
BSMS works or measures
Upper Darling Salt Interception Scheme<br>Groundwater pumping with disposal to Upper Darling SIS evaporation basin
Northern New South Wales on the eastern side of the Darling River approximately 30 km downstream of the township of Bourke
New South Wales
BSMS works or measures
Murtho Salt Interception Scheme<br>Groundwater pumping with disposal to the Noora disposal basin
Eastern side of the River Murray between Lock and Weir 6 and the township of Paringa
South Australia
BSMS works or measures
SCHEDULE C—APPLICATION OF AGREEMENT TO QUEENSLAND
Plan for the purposes of clause 40 of the Agreement
Map showing the Murray-Darling BasinSCHEDULE D—TRANSFERRING WATER ENTITLEMENTS AND ALLOCATIONS
PART I—PRELIMINARY
1. Purposes
The purposes of this Schedule are, consistently with the laws of each State, the Agreement, the National Water Initiative, the Basin Plan and policies from time to time adopted by the Ministerial Council:
(a) to contribute to an efficient and effective water market by coordinating transfers of water entitlements and allocations described in clause 2 between States and between valleys within the Murray‑Darling Basin; and
(b) to set out principles for adjustments of intervalley and State transfer accounts; and
(c) to set out principles to be applied by the Authority, State Contracting Governments and licensing authorities to transfers of water entitlements and allocations described in clause 2; and
(d) to set out administrative and coordination arrangements, involving the Authority, State Contracting Governments and licensing authorities, to enable transfers of water entitlements and allocations described in clause 2 between States; and
(e) to allow Protocols to be made under this Schedule to supplement its provisions; and