Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Basin Plan may provide for the Authority to propose:
(a) an adjustment of the long - term average sustainable diversion limit for the water resources of a particular water resource plan area (or a particular part of those water resources) by an amount determined by the Authority (subject to subsection (4)); and
(b) as a result of one or more adjustments under paragraph (a) of this subsection, an adjustment of the long - term average sustainable diversion limit for the Basin water resources by an amount determined by the Authority.
(2) If the Basin Plan includes provisions as described in subsection (1), the Plan must also include:
(a) criteria for determining whether the Authority should propose an adjustment, and the amount of an adjustment, referred to in paragraph (1)(a) or (b); and
(b) a requirement for the Authority to determine whether it is satisfied that the criteria referred to in paragraph (a) of this subsection have been met; and
(c) a requirement for the Authority not to propose an adjustment under paragraph (1)(a) or (b) without seeking and considering advice from the Basin Officials Committee; and
(d) a requirement for the Authority not to propose an adjustment under paragraph (1)(a) or (b) without:
(i) inviting members of the public to make submissions to the Authority on the proposed adjustment; and
(ii) providing a reasonable amount of time for those submissions to be made and considered by the Authority.
(3) To avoid doubt:
(a) the Authority may propose an adjustment under paragraph (1)(a) or (b) without preparing an amendment of the Basin Plan under Subdivision F; and
(b) a long - term average sustainable diversion limit that is produced after the adjustment proposed by the Authority under paragraph (1)(a) or (b) has been taken into account must reflect an environmentally sustainable level of take.
Note: A proposed adjustment may be adopted by the Minister as an amendment of the Basin Plan under subsection 23B(6).
Limit on proposed adjustments
(4) One or more adjustments may be proposed by the Authority under paragraph (1)(a), and an adjustment may be proposed under paragraph (1)(b) as a result of those adjustments, only if the total Basin adjustment percentage is no more than 5%.
(5) In this Act:
"Basin reference limit" means the long - term average sustainable diversion limit for the Basin water resources that applies at the reference time.
"proposed Basin limit" means the long - term average sustainable diversion limit for the Basin water resources:
(a) that is produced after the adjustment proposed by the Authority under paragraph (1)(b) has been taken into account; and
(b) that replaces the previous long - term average sustainable diversion limit for the Basin water resources.
"proposed plan area limit" means the long - term average sustainable diversion limit for the water resources of a particular water resource plan area (or a particular part of those water resources):
(a) that is produced after the adjustment proposed by the Authority under paragraph (1)(a) has been taken into account; and
(b) that replaces the previous long - term average sustainable diversion limit for those water resources (or the particular part of those water resources).
"reference time" means:
(a) unless paragraph (b) or (c) applies--the time the Basin Plan first takes effect; or
(b) if, as a result of the most recent review of the Basin Plan under Subdivision G, an amendment of any one or more long - term average sustainable diversion limits is adopted--the time when the amendment or amendments take effect; or
(c) if, after the most recent review of the Basin Plan under Subdivision G, the Authority advises the Minister, when giving a report of the results of the review to the Minister under subsection 50(5), that the Authority has decided not to prepare any amendment of any long - term average sustainable diversion limit--the time when the report is given to the Minister.
"total Basin adjustment percentage" , in relation to one or more adjustments proposed under paragraph (1)(a), is the amount of the difference between:
(a) the proposed Basin limit that is proposed as a result of those adjustments; and
(b) the Basin reference limit;
expressed as a percentage of the Basin reference limit.
(6) If the amount of the difference between the limits in paragraphs (a) and (b) of the definition of total Basin adjustment percentage in subsection (5) is negative, express that amount as a positive amount.