(a) a water access entitlement is regulated
under an interim water plan or any of the following water plans—
(i) a
designated plan;
(ii) a replacement of a designated plan;
(iii) if a
regulation prescribes that this subsection applies to a particular area, or a
particular part of an area—one whose plan area includes the area or part (a
"prescribed area plan" );
(iv) a replacement of a water resource plan
mentioned in subparagraph (iii) (also a
"prescribed area plan" ); and
(b) a relevant reduction results in a change to
the water access entitlement or the water that may be taken under the
entitlement; and
(c) the change reduces the entitlement’s value.
(2)
However, this division does not apply if—
(a) the change increases the total
amount of water available under the water plan resulting in additional water
access entitlements being granted; or
(b) the change is required to give
effect to a court decision; or
(c) the plan is a water plan and the change is
to restore water to the environment because of a natural decrease in water
availability within the plan area for the plan, including, for example,
because of a decrease resulting from climate change, drought or bush fires; or
(d) the relevant reduction is less than 3% and for the environmental update
purpose.
