Document ID: chunk:federal_register_of_legislation:F2013C00159:body:0:p4
Version: federal_register_of_legislation:F2013C00159
Segment Type: other
Provision Reference: 
Character Range: 7940–10615

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 be reduced under this rule; and
         B is the number of units or volume of water to which the holder of the irrigation right is entitled through the operator's network as at the date of the request under subrule (1); and
         C is the total number of units or volume of water to which holders of irrigation rights against the operator are entitled through the operator's network as at the date of the request under subrule (1) (disregarding any reductions made under this rule); and
         D is the average number of units or volume of the operator's irrigation fixed network loss in respect of the 10 financial years immediately before the financial year in which the request under subrule (1) is made (less any reductions made under this rule); or
 (b) the number of units or volume of water agreed in writing between the holder and the operator.

 (3) Subrule (2) does not apply if, immediately before providing the details under subrule (1), the irrigation infrastructure operator held a separate water access entitlement relating to loss of water during distribution of water to holders of irrigation rights.

 (4) If a reduction is calculated in accordance with paragraph (2) (a), the irrigation infrastructure operator must provide to the holder of the irrigation right such details as are reasonably necessary to confirm the accuracy of the calculation.

 (5) If the holder of an irrigation right against an irrigation infrastructure operator believes that details provided under this rule are not complete or are incorrect and:
 (a) seeks to reach agreement with the operator as to the details of the irrigation right (including the number of units or volume of water to which the holder is entitled before any reduction is made under subrule (2)); and
 (b) the parties do not agree on the details within 10 business days after receipt of the details;
the holder may give notice in writing to the operator that the holder seeks a formal negotiation of the matter.

 (6) A formal negotiation for the purposes of subrule (5) is a genuine attempt by the operator to reach agreement with the holder of the irrigation right, within 30 business days after the giving of the notice under that subrule, 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