Document ID: chunk:federal_register_of_legislation:F2013C00159:body:0:p14
Version: federal_register_of_legislation:F2013C00159
Segment Type: other
Provision Reference: 
Character Range: 32585–35343

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 access entitlement; or
 (d) any other provision that may prevent or unreasonably delay transformation of the whole or a part of an irrigation right.

Civil penalty:   200 penalty units.

 (2) Subrule (1) does not apply to a term or condition that:
 (a) is required or expressly permitted by or under a law of the relevant State, or authorised by a licence granted to the relevant irrigation infrastructure operator under such a law, and applicable to the operator's irrigation network; or
 (b) requires a person:
 (i) who is the holder of the whole or a part an irrigation right against an irrigation infrastructure operator or of a water access entitlement obtained as a result of the transformation of a part of that right; and
 (ii) who intends to continue to hold a water delivery right against the operator after transformation;
         to install a water meter to measure the water delivered from the operator's network; or
 (c) requires the approval of a person who holds a legal or equitable interest in an irrigation right to be given before the right, or a part of the right, is transformed.

21 Irrigation infrastructure operators to notify irrigators of relevant changes to constitution, contracts etc

 (1) An irrigation infrastructure operator must, by written notice given to each person who holds an irrigation right against the operator, provide information about any changes made after the commencement of these Rules to the operator's constitution, management, supply contracts, water delivery rights or any other contracts, arrangements or understandings, being changes that affect, or may affect, the respective rights and obligations of the operator and the holder in relation to transformation arrangements.

 (2) An irrigation infrastructure operator must give notice of a change referred to in subrule (1) within 10 business days after the change is made.

Note   The changes referred to in this rule include changes made for the purposes of compliance with these Rules.

Part 7 Proceedings for damages

22 Proceedings to recover loss or damage

  A person who suffers loss or damage as a result of conduct, or an omission, of another person that contravenes these Rules may recover the amount of the loss or damage by action against that other person or against any person involved in the contravention.

Note   See subsection 97 (9) of the Act.

Notes to the Water Market Rules 2009

Note 1

The Water Market Rules 2009 (in force under section 97 of the Water Act 2007) as shown in this