Ground Water (Qualco-Sunlands) Control Act 2000

The excess capacity (if any) of the Scheme infrastructure to manage the waterlogging and salinisation of land and increasing levels of salinity in the River Murray must be determined and redetermined by the Minister and the

The first determination of risk management capacity operates in relation to the contribution year in which the pumping of water into the disposal basins commences and in relation to subsequent contribution years.

The excess capacity of the Scheme infrastructure must be redetermined by the Minister and the Trust at intervals of not more than 5 years.

Redeterminations of the excess risk management capacity operate in relation to the contribution year commencing in the calendar year following the calendar year in which they are made and in relation to subsequent contribution years.

The Scheme infrastructure may only be determined to have excess capacity to the extent that its capacity exceeds—

the capacity accounted for by existing risk management allocations;

the capacity needed to fulfil the requirements of section 25; and

the capacity needed to meet the Trust's obligations under an agreement under section 26.

If the Minister and the Trust cannot agree on the initial determination or on a redetermination of the excess capacity of the Scheme, the determination or redetermination must be made by the

The Trust must on or before 30 September in each year, adjust the excess capacity as determined or redetermined under this section or previously adjusted under this subsection in respect of the following contribution year to take account of any increase or reduction in risk management allocations of irrigated properties or any other relevant factor not previously taken into account.