the cumulative difference between actual annual diversions and the annual diversion targets calculated under this Schedule.
(9) The Cap Register must:
(a) for New South Wales, Victoria and South Australia, include information for every water year concluding after 1 November 1997; and
(b) for Queensland, include information about each designated river valley in every water year commencing after the Resource Operations Plan first adopted by the Government of Queensland for that designated river valley is published in the Queensland Government Gazette; and
(c) for the Australian Capital Territory, include information about its designated river valley in every water year; and
(d) if cumulative actual diversions for any designated river valley or for any State are less than the cumulative annual diversion targets calculated under this Schedule, as the case requires, record the difference as a credit; and
(e) if cumulative actual diversions for any designated river valley or for any State are greater than the cumulative annual diversion targets calculated under this Schedule, as the case requires, record the difference as a debit.
(10) The Authority must include a report on the operation of this Schedule in any report made to the Ministerial Council under clause 85 of the Agreement.
14. Appointment of Independent Audit Group
(1) The Authority must appoint an Independent Audit Group for the purposes of this Schedule.
(2) A person who was appointed to the Independent Audit Group under the former Schedule is taken to have been appointed by the Authority for the purposes of this clause, on the conditions and for the term specified in the appointment under the former Schedule.
15. Annual audit by the Independent Audit Group
(1) The Independent Audit Group must, until 31 December 2009, annually audit the performance of each State Contracting Government in implementing the long‑term diversion cap in each water year which concludes on or between 1 June 1999 and 1 November 2009.
(2) The Authority may direct the Independent Audit Group to audit the performance of any State Contracting Government in implementing the long‑term diversion cap in any water year concluding after 1 November 2009.
(3) The Independent Audit Group must report to the Authority on any audit conducted under this clause.
16. Power to require a special audit of a designated river valley
If, after receiving a report from a State Contracting Government under sub‑clause 13(2) for any year, the Authority calculates that either:
(a) the diversion for water supply to Metropolitan Adelaide and associated country areas over the last five years has exceeded 650 GL; or
(b) the diversion in the Warrego, Paroo, Moonie or Nebine designated river valley has exceeded the annual diversion target for that valley, determined under paragraph 12(1)(b); or
(c) the cumulative debit recorded in the Cap Register exceeds 20 % of the average annual diversion determined under paragraph 11(4)(e) for a particular designated river valley within that State,
the Authority must direct the Independent Audit Group to conduct a special audit of the performance of that State Contracting Government in implementing the long‑term diversion cap in the relevant designated river valley.
17. Special audit by Independent Audit Group
(1) In conducting a special audit under clause 16, the Independent Audit Group must consider:
(a) data on diversions and annual diversion targets recorded on the Cap Register; and
(b) data submitted by the relevant State Contracting Government, including, for example, data about areas under irrigation, storage capacities, crop production, irrigation technology and the conjunctive use of groundwater in the designated river valley; and
(c) the impact that policies implemented by the State Contracting Government may have on the expected pattern of annual diversions; and
(d) whether the diversion for all years on the Cap Register exceeds the diversion expected under the long‑term diversion cap for those years, and
(e) any other matter which the Independent Audit Group considers relevant.
(2) The Independent Audit Group must:
(a) determine whether the long‑term diversion cap has been exceeded in the designated river valley; and
(b) report to the Authority on the special audit and advise the Authority of its determination within six months after a direction given under clause 16.
18. Declaration that diversion cap has been exceeded
If the Authority receives a report under sub‑clause 17(2) which determines that a State has exceeded the long‑term diversion cap in a designated river valley, the Authority must:
(a) forthwith declare that the State has exceeded the Murray‑Darling Basin diversion cap; and
(b) report the matter to the next meeting of the Ministerial Council.
19. Advice to Ministerial Council on remedial actions
(1) The Government of a State referred to in paragraph 18(a) must report to the next Ministerial Council after a declaration is made under that paragraph, setting out:
(a) the reasons why diversions exceeded the Murray‑Darling Basin diversion cap; and
(b) action taken, or proposed to be taken by it to ensure that cumulative diversions recorded in the Cap Register are brought back into balance with the cap; and
(c) the period within the relevant model referred to in clause 11 predicts that the cumulative diversions recorded in the Cap Register will be brought back into balance with the cap.
(2) The Government of a State that has been required to report to the Ministerial Council under sub‑clause 19(1) must report to each subsequent meeting of the Ministerial Council on action taken, or proposed to be taken by it to ensure that cumulative diversions recorded in the Cap Register are brought back into balance with the cap, until the Authority revokes a declaration pursuant to sub‑clause 19(3).
(3) When the Authority is satisfied that a State in respect of which a declaration has been made under paragraph 18(a) has brought the cumulative diversions recorded in the Cap Register back into balance with the cap and is once more complying with the Murray‑Darling Basin diversion cap in all respects, it must:
(a) revoke the declaration; and
(b) report that fact to the next meeting of the Ministerial Council.
SCHEDULE E—APPENDIX 1—Designated River Valleys
1. New South Wales
The New South Wales portion of the Border Rivers catchment, excluding the portion of the Gil Gil Creek below the Carole Creek confluence and the Boomi River below the Gil Gil Creek confluence.
The New South Wales portion of the following catchments: Moonie, Big Warrnambool, the Culgoa/Birrie/Bokhara/Narran, Warrego, Paroo and Nebine.
Gwydir catchment, including the portion of the Gil Gil Creek below the Carole Creek confluence and the Boomi River below the Gil Gil Creek confluence.
Namoi catchment.
The Macquarie/Castlereagh/Bogan catchments.
The Barwon/Upper Darling river system and the Lower Darling river system, from the furthest upstream reach of the Menindee Lakes to the furthest upstream reach of the Wentworth Weir Pool.
Lachlan catchment.
Murrumbidgee catchment excluding that part of the Murrumbidgee River that flows through the Australian Capital Territory, its sub‑catchments in that Territory and the Canberra Water Supply System.
The New South Wales portion of the Murray Valley including the portion of the Lower Darling influenced by the Wentworth Weir Pool.
2. Queensland
The portion of the Condamine and Balonne catchments in Queensland.
The portion of the Border Rivers catchment in Queensland.
The portion of the Moonie catchment in Queensland.
The portion of the Warrego catchment in Queensland.
The portion of the Paroo catchment in Queensland.
The portion of the Nebine catchment in Queensland.
3. Victoria
The Goulburn/Broken/Loddon water supply system.
The Campaspe/Coliban water supply system.
The Wimmera/Mallee water supply system.
The Victorian portion of the Murray Valley including the Kiewa and Ovens catchments.
4. South Australia
The pumps on the Murray within South Australia used to supply Metropolitan Adelaide and associated country areas.
Lower Murray Swamps irrigation.
Country Towns water use.
Water Use for All Other Purposes from the Murray within South Australia.
5. Australian Capital Territory
That part of the Murrumbidgee River that flows through the Australian Capital Territory, its sub‑catchments in that Territory and the Canberra Water Supply System.
SCHEDULE E—APPENDIX 2—River Valleys
1. New South Wales
The portion of the Border Rivers catchment in New South Wales, excluding the portion of Gil Gil Creek below the Carole Creek confluence and the Boomi River below the Gil Gil Creek confluence.
The portion of the Moonie catchment in New South Wales.
The portion of the Big Warrnambool catchment in New South Wales.
The portion of the Culgoa/Birrie/Bokhara/Narran catchments in New South Wales.
The portion of the Warrego catchment in New South Wales.
The portion of the Paroo catchment in New South Wales.
That portion of the Nebine catchment in New South Wales.
Gwydir catchment, including the portion of Gil Gil Creek below the Carole Creek confluence and the Boomi River below the Gil Gil Creek confluence.
Namoi catchment.
The Macquarie/Castlereagh/Bogan water catchments.
The Barwon/Upper Darling river system.
Lower Darling river system from the furthest upstream reach of the Menindee Lakes to the furthest upstream reach of the Wentworth Weir Pool.
Lachlan catchment.
Murrumbidgee catchment excluding that part of the Murrumbidgee River that flows through the Australian Capital Territory, its sub‑catchments in that Territory and the Canberra Water Supply System.
The New South Wales portion of the Murray Valley including the portion of the Lower Darling influenced by the Wentworth Weir Pool.
2. Queensland
The portion of the Condamine and Balonne catchments in Queensland.
The portion of the Border Rivers catchment in Queensland.
The portion of the Moonie catchment in Queensland.
The portion of the Warrego catchment in Queensland.
The portion of the Paroo catchment in Queensland.
The portion of the Nebine catchment in Queensland.
3. Victoria
Kiewa catchment.
Ovens catchment.
Goulburn catchment.
Broken catchment.
Campaspe catchment.
Loddon catchment.
Wimmera/Mallee catchment.
The Victorian portion of the Murray Valley catchment.
4. South Australia
The pumps on the Murray within South Australia used to supply Metropolitan Adelaide and associated country areas.
Lower Murray Swamps irrigation.
Country Towns water use.
Water use for All Other Purposes from the Murray within South Australia.
5. Australian Capital Territory
That part of the Murrumbidgee River that flows through the Australian Capital Territory, its sub‑catchments in that Territory and the Canberra Water Supply System.
SCHEDULE F—EFFECT OF THE SNOWY SCHEME
PART I—PRELIMINARY
1. Purpose
The purpose of this Schedule is to make arrangements for sharing between New South Wales, South Australia and Victoria of water made available in the catchment of River Murray above Hume Dam by the Snowy Scheme.
2. Definitions
In this Schedule:
(1) “Baseline Conditions” means:
(a) the infrastructure supplying water;
(b) the rules for allocating water and for water management systems applying;
(c) the operating efficiency of water management systems; and
(d) existing entitlements to take and use water and the extent to which those entitlements were used,
within the Murray‑Darling Basin as at the Corporatisation Date;
(2) “Corporatisation Date” means the date on which the Snowy Mountains Hydro‑electric Power Act 1949 (Cth) is repealed by the Snowy Hydro Corporatisation Act 1997 (Cth);
(3) “Environmental Entitlement” means:
(a) a category of environmental water referred to in section 8 of the Water Management Act 2000 (NSW); and
(b) a bulk entitlement granted under the Water Act 1989 (Vic) that includes conditions relating to environmental purposes,
in both cases comprising a volume of water derived from either or both of Water Savings and Water Entitlements;
(4) “Goulburn River System” means the Broken, Goulburn, Campaspe and Loddon Rivers and the water supply systems supplied by those rivers;
(5) “Licensee” means the licensee under the Snowy Water Licence;
(6) “Long Term Diversion Cap” means the long term diversion cap for the State of New South Wales or the State of Victoria under clauses 5 and 6 respectively of Schedule E;
(7) “Lower Darling River System” means the Darling River and its anabranch system from the upstream extent of the Menindee Lakes Storage and downstream and the water supply systems supplied by that River;
(8) “Month” means calendar month and “Monthly” means each calendar month;
(9) “Mowamba Borrowings Account” means the water account to be maintained by the Licensee under the Snowy Water Licence to account for flows made under the Snowy Water Licence from the Mowamba River and Cobbon Creek in the first three years after the Corporatisation Date;
(10) “Murrumbidgee River System” means the Murrumbidgee River and the water supply systems supplied by that river;
(11) “Relaxation Volume” has the same meaning as in the Snowy Water Licence as at the Corporatisation Date;
(12) “Reliability” with respect to a supply of water means the statistical probability of being able to supply a particular volume in any Water Year;
(13) “Required Annual Release” has the same meaning as in the Snowy Water Licence taken as a whole as at the Corporatisation Date, subject to sub‑clauses 7A and 7B of this Schedule. For the avoidance of doubt, “Required Annual Release” is not a reference to “Agreed Annual Release” under that Licence;
(14) “Required Annual Release Shortfall” means, in any Water Year, the volume by which the Required Annual Release from the Snowy‑Murray Development in that Water Year exceeds the actual release from the Snowy Scheme to the catchment of the River Murray upstream of Hume Dam in that Water Year;
(15) “River Murray Above Target Releases” means, in any Water Year, water that is released from the Snowy Scheme to the catchment of the River Murray upstream of Hume Dam in excess of the Required Annual Release from the Snowy‑Murray Development in that Water Year;
(16) “River Murray Annual Allocation” with respect to each Water Year means the annual allocation from the River Murray Apportioned Entitlement determined by New South Wales;
(17) “River Murray Apportioned Entitlement” means the volume of water from the Environmental Entitlements that is apportioned to the River Murray Increased Flows by New South Wales;
(18) “River Murray Increased Flows” means releases of water from major storages made by the Authority in accordance with Part V of this Schedule;
(19) “River Murray Increased Flows Accounts” means the water accounts to be maintained by the Authority under clause 21 of this Schedule;
(20) “River Murray Increased Flows in Authority Storages Account” means the water account to be maintained by the Authority under paragraph 21(1)(b) of this Schedule;
(21) “River Murray System” means the aggregate of:
(a) the River Murray;
(b) all tributaries entering the River Murray upstream of Doctors Point;
(c) the Ovens River; and
(d) the Lower Darling River System;
(22) “Seasonal Availability” with respect to the water to which an entitlement refers means:
(a) for that part of the entitlement whose availability is determined by reference to seasonal allocations: the final seasonal allocation announcement of the relevant State during the previous Water Year; and
(b) for that part of the entitlement whose availability is determined by reference to the entitlement of South Australia: the allocated volume received during the previous Water Year by South Australia as a proportion of its entitlement during that Water Year under this Agreement;
(23) “Snowy Montane Rivers External Increased Flows” means releases of water made by the Licensee to montane rivers under the environmental flow requirements of the Snowy Water Licence which would have flowed through either:
(a) the Murray 1 Power Station in the case of the Snowy‑Murray Development; or
(b) Jounama Pondage in the case of the Snowy‑Tumut Development,
if it were not released for environmental purposes;
(24) “Snowy‑Murray Development” means the component of the Snowy Scheme comprising works that regulate the waters of the Upper Snowy River, the Geehi River and Bogong Creek;
(25) “Snowy‑Murray Development Annual Allocation” means the annual allocation for any Water Year for the Snowy‑Murray Development determined by New South Wales by reference to the Seasonal Availability of the water contained in the Snowy‑Murray Development Designated Entitlement;
(26) “Snowy‑Murray Development Designated Entitlement” means that part of the Environmental Entitlements designated against the Snowy‑Murray Development by New South Wales;
(27) “Snowy‑Murray Development (River Murray) Environmental Entitlements” means both:
(a) a category of environmental water referred to in section 8 of the Water Management Act 2000 (NSW); and
(b) a bulk entitlement granted under the Water Act 1989 (Vic) that includes conditions relating to the protection of the environment,
in both cases comprising a volume of water derived from either or both of Water Savings and Water Entitlements sourced from the River Murray System or the Goulburn River System;
(28) “Snowy Notional Spill” means:
(a) in the case of the Snowy‑Murray Development: the calculated active volume of water belonging to the Snowy‑Murray Development stored in Eucumbene Reservoir exceeding 2,019 GL and accounted as a loss from the Snowy‑Murray Development and a gain to the Snowy‑Tumut Development;