Document ID: chunk:federal_register_of_legislation:F2013C00159:body:0:p13
Version: federal_register_of_legislation:F2013C00159
Segment Type: other
Provision Reference: 
Character Range: 29992–32824

in accordance with these Rules does not constitute a prevention or unreasonable delay under subrule (1).

17 Irrigation infrastructure operator not to prevent or delay trading of water access entitlement

 (1) An irrigation infrastructure operator must not do, or fail to do, an act in a way that prevents or unreasonably delays the trading, by a person who had an irrigation right against the operator, of the whole or a part of a water access entitlement obtained as the result of transformation arrangements made with that operator.

Civil penalty:   200 penalty units.

 (2) Anything done or omitted to be done under and in accordance with these Rules does not constitute a prevention or unreasonable delay under subrule (1).

18 Irrigation infrastructure operators not to take security except in accordance with these Rules

 (1) An irrigation infrastructure operator must not require, and must not accept, security:
 (a) in relation to the transformation of an irrigation right; or
 (b) in relation to:
 (i) a water delivery right; or
 (ii) a water access entitlement right;
obtained in connection with the transformation of an irrigation right held by a person against the operator.

Civil penalty:   200 penalty units.

 (2) Subrule (1) does not apply in relation to security given in connection with the grant of a water delivery right under rule 10.

19 Water delivery right not to be terminated by reason only of application for transformation

  An irrigation infrastructure operator must not, as a condition of approving an application for transformation, terminate, or require the applicant to terminate, any right to have water delivered held by the applicant against the operator.

Civil penalty:   200 penalty units.

20 Contractual arrangements between irrigation infrastructure operators and holders of irrigation rights or water access entitlements

 (1) An irrigation infrastructure operator must not include in a contract, arrangement or understanding entered into between the operator and a person who holds an irrigation right against the operator or a water access entitlement obtained as the result of transformation arrangements a provision that:
 (a) seeks to impose a charge or fee that is not:
 (i)  a regulated water charge; or
 (ii) a fee authorised under rule 13; or

Note   Section 91 of the Act provides that a fee for terminating access to an operator's network is a regulated water charge.
 (b) restricts or seeks to restrict, or discriminates against, a person, or class of persons, with or to whom the holder of an irrigation right or a water access entitlement obtained as the result of transformation of an irrigation right proposes to trade the whole or a part of the entitlement; or
 (c) imposes a restriction based solely on the category or attributes of the irrigation right or water