Document ID: chunk:federal_register_of_legislation:F2013C00159:body:0:p6
Version: federal_register_of_legislation:F2013C00159
Segment Type: other
Provision Reference: 
Character Range: 12822–15607

a water access entitlement obtained as the result of transformation;
the operator must, within 20 business days after receiving the notice, provide details of the contractual terms and conditions between the operator and the person applicable to the right to have water delivered when the notice is received with such variations (if any) to take effect from transformation as are permitted under subrule (2).

 (2) The operator must not make any variations to the contractual terms and conditions between an irrigation infrastructure operator and another person referred to in subrule (1) other than variations that:
 (a) are necessary as a consequence of the transformation; or
 (b) are agreed in writing by the operator and that person.

 (3) If:
 (a) a person who gives notice to an irrigation infrastructure operator under subrule (1) believes that the terms and conditions of the right to have water delivered after transformation have not been provided by the irrigation infrastructure operator under that subrule or that the details provided are incorrect; or
 (b) the operator and the person do not agree on a variation of the terms or conditions within 10 business days after the operator provides the written details under subrule (1);
the person may give notice in writing to the operator that the person seeks a formal negotiation of the matter.

 (4) A formal negotiation under subrule (3) is a genuine attempt by the irrigation infrastructure operator to reach agreement with the person, within 30 business days after the giving of the notice under that subrule, as to the terms and conditions of the right to have water delivered.

 (5) If a notice is given to an irrigation infrastructure operator under subrule (3), the operator must not fail to make a genuine attempt to reach agreement within 30 business days as to the terms and conditions of the right to have water delivered.

Civil penalty:   200 penalty units.

 (6) In this rule, genuine attempt includes the taking of such steps as would reasonably be expected to result in the appointment of a third person to resolve the dispute.

9 Continuation of water delivery services

  An irrigation infrastructure operator:
 (a) must provide details of a right to have water delivered that continues after transformation in accordance with subrule 8 (1); and
 (b) must not make any variation to contractual terms and conditions of a right to have water delivered that continues after transformation except as authorised under subrule 8 (2); and
 (c) must provide water delivery services in accordance with the terms and conditions of a right to have water delivered that continues after transformation in accordance with rule 8.

Civil penalty:   200 penalty units.

10 Security may be required for payment of fees