Document ID: chunk:federal_register_of_legislation:F2013C00159:body:0:p3
Version: federal_register_of_legislation:F2013C00159
Segment Type: other
Provision Reference: 
Character Range: 5373–8177

ascertain details of an irrigation right and associated water delivery right held by the person against the operator; and
 (b) must ensure that, no later than the end of the transitional period:
 (i) details of those procedures; and
 (ii) procedures for applying for transformation;
are readily available to persons holding irrigation rights against the operator.

Civil penalty:   200 penalty units.

 (2) An irrigation infrastructure operator to whom this subrule applies who, after the end of the transitional period, receives from a holder of an irrigation right against the operator a notice in writing of an intention to apply for, or a written application for, transformation, must ensure that details of procedures for the transformation of irrigation rights, including procedures for applying for transformation, are readily available to the holder.

Civil penalty:   200 penalty units.

 (3) Subrule (2) applies to an irrigation infrastructure operator who, under water access entitlements held by the operator, is not entitled to take or hold 10 000 ML or more of water for irrigation purposes only.

Note   Operators may develop their own forms for applications for transformation or may use forms prepared by the ACCC.

Part 3 Irrigation right

7 Irrigation infrastructure operator to provide details of irrigation right

 (1) If a person who holds an irrigation right against an irrigation infrastructure operator gives written notice to the operator that the person:
 (a) intends to apply, or applies, for transformation of the whole or a part of that right; and
 (b) requests the operator to provide details of the contractual or other arrangements between the operator and the person relating to the irrigation right;
the operator must, within 20 business days after receiving the notice, provide:
 (c) the details of the contractual or other arrangements, including —
 (i) the number of units or volume of water to which the person is entitled under the irrigation right as at the date of receipt of the notice; and
 (ii) such details as are reasonably necessary to confirm the accuracy of the calculation of the number of units or volume; and
 (d) if the operator reduces that number of units or volume in accordance with subrule (2) for the purposes of transformation, the number of units or volume of water as so reduced.

Civil penalty:   200 penalty units.

 (2) Except as provided in subrule (3), an irrigation infrastructure operator may reduce the number of units or volume of water to which the holder of an irrigation right is entitled, for the purposes of transformation of the right, by a number of units or volume of water:
 (a) calculated in accordance with the formula:

         where:
         A is the number of units or volume of water by which the entitlement may