Document ID: chunk:federal_register_of_legislation:C2008A00139:clause:2_255a
Version: federal_register_of_legislation:C2008A00139
Segment Type: clause
Provision Reference: sch 2 cl 255A
Character Range: 466057–467381

255A  Application of water charge rules in Basin States that are not referring States

 (1) If a Basin State is not a referring State, water charge rules apply in the State to a regulated water charge if one or more of the paragraphs in subsection (2) are satisfied.

 (2) This subsection applies if:
 (a) the person imposing the charge, or making the demand, is a constitutional corporation; or
 (b) the person on whom the charge is imposed, or from whom the charge is demanded, is a constitutional corporation; or
 (c) the charge is imposed, or payment of the charge is demanded, in the course of trade and commerce between the States or between a State and a Territory; or
 (d) the person who imposes, or demands payment of, the charge does so in a Territory; or
 (e) the charge relates to:
 (i) a water resource in a Territory; or
 (ii) water service infrastructure in a Territory; or
 (iii) tradeable water rights in relation to a water resource in a Territory; or
 (f) the charge is imposed, or payment of the charge is demanded, using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution).

 (3) Subsection (2), and the paragraphs of that subsection, do not limit the operation (if any) that the water charge rules validly have apart from this section.