Document ID: chunk:federal_register_of_legislation:F2013C00159:body:0:p5
Version: federal_register_of_legislation:F2013C00159
Segment Type: other
Provision Reference: 
Character Range: 10392–13080

as to the details of the irrigation right.

 (7) If a notice is given to an irrigation infrastructure operator under subrule (5), the operator must not fail to make a genuine attempt to reach agreement on the details of the irrigation right within 30 business days.

Civil penalty:   200 penalty units.

 (8) If, in accordance with subrule (2), an irrigation infrastructure operator reduces the number of units or volume of water to which the holder of an irrigation right is entitled for the purposes of transformation, the number of units or volume of water by which the entitlement is reduced is to be taken to be a part of the irrigation right that the holder continues to hold and to represent the share of the fixed network loss borne by the holder.

 (9) If a person who:
 (a) holds a part of an irrigation right representing a share of a fixed network loss referred to in subrule (8) against an irrigation infrastructure operator; and
 (b) does not hold, or ceases to hold, a water delivery right against the operator;
the part of the irrigation right referred to in paragraph (a) is revoked.

 (10) In this rule:
fixed network loss, in relation to an irrigation infrastructure operator, means, in respect of a financial year, the number of units or volume of water lost, as estimated by the operator, during the distribution of water through the operator's irrigation network to the point of delivery to holders of irrigation rights but does not include variable water loss.
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.
variable water loss means the number of units or volume of water:
 (a) lost during the distribution of water through the operator's irrigation network to the point of delivery to holders of irrigation rights; and
 (b) attributable to the number of units or volume of water delivered to the holders of irrigation rights.

Part 4 Water delivery rights

8 Contractual terms and conditions of water delivery rights

 (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) requires the continuation of a right to have water delivered by the operator after transformation, whether or not the person holds 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