(1) Subclause (2) applies whenever the Authority estimates that, unless the account established under subclause 20 (1) for a major storage other than Dartmouth Reservoir is adjusted, the volume of deferred water in the account may be greater than the volume by which the total volume of water held in storage exceeds the volume held in storage at the minimum operating level of that major storage.
(2) The Authority must, whenever possible:
(a) credit the account for deferred water stored in a major storage (the upstream storage) upstream of the major storage in subclause (1) (the downstream storage) with a volume equivalent to the difference between the volumes mentioned in subclause (1); and
(b) reduce the balance of the account for deferred water stored in the downstream storage to the volume by which the total volume of water held in storage exceeds the minimum operating level of that downstream storage.
(3) Whenever the Authority estimates that, unless the account established under subclause 20 (1) for Dartmouth Reservoir is adjusted, the volume of deferred water in the account may be greater than the volume by which the total volume of water held in storage exceeds the volume held in storage at the minimum operating level of Dartmouth Reservoir, the Authority must, whenever possible:
(a) credit the account for deferred water stored in Hume Reservoir with a volume equivalent to the difference between those two volumes; and
(b) reduce the balance of the account for deferred water stored in Dartmouth Reservoir by the same volume.
25. Accounting for transmission losses during regulated flows
(1) Subclause (2) applies whenever flows from major storages are regulated and wholly contained within river channels.
(2) The Authority must not reduce the volume of deferred water credited to an account by any amount attributable to transmission losses incurred in:
(a) delivering deferred water from a major storage to South Australia; or
(b) transferring deferred water to a downstream major storage.
26. Accounting for transmission losses during other periods
(1) Subclause (2) applies during any period when:
(a) water spilling from a major storage is taken to be deferred water under clause 17; and
(b) the flow of water is only partly contained within river channels.
(2) The Authority must estimate and attribute transmission losses resulting from the flow of water not contained within river channels during the period in accordance with any rules made under subclause 130 (12) of the Agreement.
27. Adjusting accounts for normal river operations
(1) The Authority may, from time to time, adjust an account as a consequence of normal river operations if, in the opinion of the Authority, it is necessary or appropriate to do so.
(2) Without limiting subclause (1), the Authority may adjust an account:
(a) to incorporate recent hydrographic data; or
(b) to reflect alterations in the Authority’s assumptions about water losses or diversions.
(3) The Authority must notify each Committee member in writing whenever it adjusts an account under this clause.
28. Reconciling accounts with Agreement requirements
(1) As soon as practicable after the end of each year, the Committee member for South Australia must inform the Authority and the Committee member for each upper State in writing whether or not all regulated flows of deferred water released from major storages in the preceding year were in fact used by South Australia for either or both of the purpose of meeting critical human water needs or for private carry‑over.
(2) As soon as practicable after the end of each year, and after taking into account any adjustments made under clause 27 in that year, the Authority must:
(a) examine each account in order to determine:
(i) the extent to which South Australia was able to store deferred water in accordance with the Plan in the year; and
(ii) the extent to which South Australia received deliveries of deferred water in accordance with the Plan in the year; and
(iii) whether, in the year, storing deferred water under this Schedule has had an effect on either or both of:
(A) water availability for an upper State; and
(B) for deferred water stored for the purpose of meeting private carry‑over in South Australia—storage access by an upper State; and
(b) report its findings to the Committee.
(3) Any difference or dispute arising about information given under subclause (1) or findings mentioned in subclause (2) must be resolved by any means specified for resolving similar differences or disputes by the document from time to time approved under clause 31 of the Agreement.
29. Independent review of operation of Schedule
(1) Each year the following matters must be examined and the findings reported to the Committee:
(a) the extent to which South Australia was able to store deferred water in accordance with the Plan in the previous year;
(b) the extent to which South Australia received deliveries of deferred water in accordance with the Plan in the previous year;
(c) whether, in that previous year, storing deferred water under this Schedule had an effect on either or both of:
(i) water availability for an upper State; and
(ii) for deferred water stored for the purpose of meeting private carry‑over in South Australia—storage access by an upper State.
(2) An examination under subclause (1) must be made by:
(a) the Independent River Operations Review Group appointed under the Objectives and Outcomes document approved under clause 31 of the Agreement; or
(b) if that Group has not been appointed—an independent reviewer approved by the Committee and engaged by the Authority.
PART 5 – AMENDMENT OF SCHEDULE AND RULES
30. Committee may request review
The Committee may, at any time, request the Authority to review this Schedule in accordance with clause 142 of the Agreement.
31. Amendment of Schedule
If the Authority at any time considers that the operation of any provision of the Schedule:
(a) has had an effect, in the previous year, on either or both of the extent to which South Australia:
(i) was able to store deferred water; or
(ii) received deliveries of deferred water; or
(b) has had, or is likely to have, either or both of an effect on:
(i) water availability for an upper State; or
(ii) for deferred water stored for the purpose of meeting private carry‑over in South Australia—storage access by an upper State;
the Authority or the Committee may, after consulting the Committee or the Authority, propose to the Ministerial Council any amendment to this Schedule that the Authority considers may be necessary or appropriate to avoid that effect.
PART 6 – APPORTIONMENT OF COSTS
32. Costs of administering Schedule
The costs incurred by the Authority in administering this Schedule are taken to be incurred in the provision of river operations services, for paragraph 72 (2) (a) of the Agreement.
SCHEDULE H Water Sharing during tiers 2 and 3
PART 1 – PRELIMINARY
1. Purposes
The purposes of this Schedule are:
(a) to set out the way in which State water entitlements will be determined, delivered and accounted for; and
(b) to provide for South Australia’s storage rights under subclause 91 (1) of the Agreement;
during a period when either Tier 2 or Tier 3 distribution of waters applies, in accordance with clause 135 of the Agreement.
2. Definitions and Interpretation
(1) In this Schedule except where inconsistent with the context:
“account” means an account maintained under Part XII, Division 1, Subdivision D of the Agreement.
“current critical human water needs” means critical human water needs in the current year.
“worst‑case planning inflow sequence” means a sequence of monthly inflows to the River Murray System calculated by the Authority in accordance with any rule made for the purpose under paragraph 135 (14) of the Agreement.
“year” means the 12 months beginning on 1 June.
(2) Expressions used in this Schedule and in the Water Act 2007 (Commonwealth) or the Agreement that are not defined in this Schedule have the same meanings as in the Act or the Agreement.
Note 1: The following expressions are defined by the relevant sections of the Water Act noted below:
conveyance water‑see section 86A (4)
critical human water needs‑see section 86A (2)
River Murray System‑see section 86A (3).
Note 2: The following expressions are defined in clause 2 of the Agreement:
Contracting Government
Constructing Authority
conveyance reserve
current conveyance water
major storages
period of special accounting.
(3) Clause 3 of the Agreement applies to this Schedule as if a reference to the Agreement in the clause were a reference to the Schedule.
3. Commencement of Schedule
Unless the Ministerial Council determines otherwise, this Schedule takes effect on the first day of the year after it is approved by the Ministerial Council.
4. Application
(1) Parts 1, 4 and 5 apply from the date on which this Schedule takes effect.
(2) Part 2 applies when Tier 2 distribution of waters under the Agreement applies.
(3) Part 3 applies when Tier 3 distribution of waters under the Agreement applies.
PART 2 – TIER 2 PROVISIONS
5. Application of Tier 1 provisions
(1) The provisions of Tier 1 distribution of waters under the Agreement continue to apply while this Part applies, except to the extent that any of those provisions is inconsistent with a provision of this Part.
(2) The provisions of clause 139 of the Agreement and of Schedule F continue to apply while this Part applies, except to the extent that any of those provisions are inconsistent with a provision of this Part.
6. Inability to contribute to Conveyance Reserve
(1) If, at any time after 1 September in any year, the Authority considers that insufficient water may be distributed to a State in the year for the State to make the contribution of the State to the conveyance reserve determined under subclause 102D (4) of the Agreement, it must tell the Committee:
(a) its estimate of the volume of any shortfall in that State’s contribution; and
(b) whether it considers that there is sufficient water in the River Murray System to meet the conveyance reserve.
(2) In considering whether there may or may not be sufficient water under subclause (1), the Authority must have regard to:
(a) the volume of water then in storage in the River Murray System; and
(b) the volume of water required to be delivered from the Snowy Scheme to the River Murray System under Schedule F before the end of that year; and
(c) any relevant rules approved under subclause 135 (15) of the Agreement; and
(d) the Authority’s estimate of inflows to the River Murray System before the end of that year; and
(e) any previously proposed remedial action taken, or to be taken by the State under clause 10.
7. Advances to meet contributions to Conveyance Reserve
(1) If the Authority tells the Committee that there is sufficient water available in the River Murray System to meet the conveyance reserve determined under clause 102D of the Agreement, the Committee may determine whether an advance is required from one or more of the States to meet any shortfall mentioned in paragraph 6 (1) (a), and the volume of the advance.
(2) If the Committee determines that an advance to a State is required under subclause (1), the Authority must:
(a) increase the water available for distribution to the State by the volume of the advance determined by the Committee; and
(b) decrease the water available for distribution to the other States by the same volume;
without increasing the total volume of water available for distribution.
8. Insufficient water to meet Conveyance Reserve
(1) If, at any time after 1 September in any year, the Authority considers that insufficient water may be distributed to States in that year to meet the conveyance reserve determined under subclause 102D of the Agreement, it must tell the Committee of its view.
(2) In considering whether there may or may not be sufficient water under subclause (1), the Authority must have regard to the matters mentioned in subclause 6 (2).
(3) On receiving advice from the Authority under subclause (1), the Committee must promptly prepare and adopt a plan of actions to be taken by each State and the Authority:
(a) to ensure that adequate water is available both to meet and to deliver current critical human water needs; and
(b) to establish a reserve to reduce the risk that there will not be sufficient water to deliver critical human water needs in the following year.
9. Insufficient current conveyance water
(1) If, at any time, the Authority considers that there may be insufficient water set aside to meet requirements for current conveyance water, it must tell the Committee of its view.
(2) In considering whether there may or may not be sufficient water under subclause (1), the Authority must have regard to the matters mentioned in subclause 6 (2).
(3) If the Committee considers that there is insufficient water available to meet current conveyance water requirements, the Committee must make a declaration to that effect.
10. Taking remedial action
(1) The Committee must, within 1 month after making a declaration under subclause 9 (3) and after considering any information given by the Authority, tell the Authority of:
(a) the Committee’s proposal for:
(i) any remedial action required to ensure that current conveyance water will be available; and
(ii) the respective responsibilities of each Contracting Government and the Authority in implementing the remedial action; and
(b) when the Committee expects that the water attributable to any remedial action mentioned in subparagraph (a) (i) will be available.
(2) At the request of the Committee, the Authority may, subject to clause 50 of the Agreement, assist in planning or implementing any remedial action taken under this clause.
(3) The Committee may, from time to time, adopt policies to be observed by the Committee, the Authority, a Constructing Authority or a Contracting Government in relation to remedial action mentioned in this clause.
(4) In determining what remedial action to propose to ensure that the water mentioned in subparagraph (1) (a) (i) will be available, the Committee:
(a) may have regard to:
(i) the Basin Plan; and
(ii) any policies adopted by the Committee in relation to remedial action; and
(iii) any information given by the Authority; and
(b) must consider what additional remedial action may be necessary and available while either Part 2 or Part 3 applies.
(5) Unless the Committee determines otherwise, any proposal made under subclause (1) must set out:
(a) how the water attributable to any remedial action mentioned in subparagraph (1) (a) (i) will be made available, including information about how any possible environmental or other consequences of the proposed action will be averted or remedied; and
(b) either the circumstances in which, or the date by which, the proposed remedial action will cease.
(6) Before taking a remedial action proposed under subclause (1), the Committee must determine whether, under the Agreement, the action requires the approval of one or more of the Ministerial Council, the Committee or the Authority.
(7) If the Committee determines that a proposed remedial action requires approval under the Agreement, the action must not be taken:
(a) before it has been approved; and
(b) otherwise than in accordance with any conditions attached to that approval.
(8) Unless the Committee decides otherwise, any remedial action proposed under subclause (1) must not be taken until the Committee has determined what volume of water will be made available by the proposed remedial action for subparagraph (1) (a) (i), having regard to any relevant rules made under subclause 135 (14) of the Agreement.
(9) After a declaration under subclause 9 (3) is made, the Committee must report to the Ministerial Council:
(a) at least once in every 4 months; and
(b) at each meeting of the Ministerial Council;
on what remedial action has been taken or is proposed in accordance with this clause, to ensure that the water attributable to a remedial action mentioned in paragraph (1) (a) will be available in the current year.
(10) The Committee must continue to report until the Committee revokes a declaration made under subclause 9 (3).
(11) When the Committee is satisfied that current conveyance water will be available in the current year, it must:
(a) revoke the declaration made under subclause 9 (3); and
(b) report that fact to the next meeting of the Ministerial Council.
11. Adjusting accounts relating to stored water
(1) Subject to subclause (2) and despite any other provision of the Agreement, the Authority may at any time alter the water accounts maintained by the Authority relating to the volume of a State’s share of water held in a particular major storage if the Authority considers it necessary or appropriate to facilitate the delivery of current critical human water needs.
(2) Subclause (1) does not apply to a State if the alteration would alter the total volume of water:
(a) held in major storages by that State; or
(b) entered to the credit of that State in the water accounts;
(3) Whenever the Authority alters a water account in accordance with subclause (1), it must immediately notify each Committee member in writing of the alteration.
PART 3 – TIER 3 PROVISIONS
12. Application of Tier 1 and Tier 2 provisions
Except as otherwise determined by the Ministerial Council:
(a) the provisions of Tier 1 distribution of waters under the Agreement and of Part 2 continue to apply while this Part applies, except to the extent that any of those provisions is inconsistent with a provision of this Part; and