Document ID: chunk:federal_register_of_legislation:C2024C00557:clause:10_255b
Version: federal_register_of_legislation:C2024C00557
Segment Type: clause
Provision Reference: sch 10 cl 255B
Character Range: 632817–634229

255B  Application of water market rules in Basin States that are not referring States
 (1) If a Basin State is not a referring State, water market rules apply in the State to an act, or a failure to do an act, by an infrastructure operator that has an effect on:
 (a) the ability of a person who holds an irrigation right against the operator to obtain a water access entitlement; or
 (b) the ability of a person who held an irrigation right against the operator to trade or transfer a water access entitlement;
if one or more of the paragraphs in subsection (2) are satisfied.
 (2) This subsection applies if:
 (a) the infrastructure operator or the person who holds, or held, the irrigation right is a constitutional corporation; or
 (b) the act is done, or the failure to do the act occurs, in the course of trade and commerce between the States or between a State and a Territory; or
 (c) the act is done, or the failure to do the act occurs, in a Territory; or
 (d) the water access right, or the irrigation right, relates to a water resource in a Territory; or
 (e) the act is done, or the failure to do the act occurs, 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 market rules validly have apart from this section.