Document ID: chunk:federal_register_of_legislation:F2013C00159:body:0:p9
Version: federal_register_of_legislation:F2013C00159
Segment Type: other
Provision Reference: 
Character Range: 20076–22856

is given.

 (3) An irrigation infrastructure operator must not refuse to accept security by reason only of the form in which it is offered if a person offers it in 1 or more of the following forms:
 (a) where part of an irrigation right is transformed, a charge over a part of the irrigation right that the person continues to hold;
 (b) a charge over an unencumbered water access entitlement, or an unencumbered part of a water access entitlement, obtained by the person as the result of the transformation of part of an irrigation right;
 (c) a charge over any other unencumbered water access entitlement, or unencumbered part of a water access entitlement, held by the person;
 (d) a guarantee given by an authorised deposit‑taking institution within the meaning of the Banking Act 1959;
 (e) a deposit lodged with the irrigation infrastructure operator;
 (f) any other form of security agreed upon by the irrigation infrastructure operator and the person.

    Note Rule 18 provides that security must not be required or given in relation to transformation arrangements except as provided in this rule.

Part 5 Applications relating to transformation of irrigation rights

11 Application for transformation where water access entitlement is to be held by applicant

 (1) An irrigation infrastructure operator may require an application for the transformation of the whole or a part of an irrigation right held against the operator by a person who intends to hold a water access entitlement obtained as the result of the transformation to be in writing and to include any of the following:
 (a) the name and address of the applicant;
 (b) the account number, or other details, identifying the applicant as the holder of an irrigation right against the operator;
 (c) the number and type of units, or the volume, of water to which the applicant is entitled under the whole, or the part, of the irrigation right;
 (d) if another person holds a legal or equitable interest in the whole or the part of the irrigation right, as the case requires, confirmation that that person has given approval to the application;
 (e) whether the applicant wishes to have, or to continue to have, a right to have water delivered by the operator after the transformation, whether or not the applicant continues to hold an irrigation right or a water access entitlement obtained as a result of the transformation;
 (f) any other information reasonably necessary for the purposes of transformation arrangements.

 (2) An irrigation infrastructure operator must not require from an applicant for transformation of the whole or a part of an irrigation right any information that is not reasonably necessary for the proposed transformation arrangements.

Note   Termination charges under water charge