Document ID: chunk:federal_register_of_legislation:F2024C00760:reg:2:p31
Version: federal_register_of_legislation:F2024C00760
Segment Type: reg
Provision Reference: reg 2 (pt 31/32)
Character Range: 307061–309875

and 12.14 do not prevent the application of restrictions on a trade of a water access right if:
            (a) the restrictions satisfy subsection (3); and
            (b) the trade satisfies subsection (4).
(3) For paragraph (2)(a), restrictions satisfy this subsection if they are imposed in furtherance of an agreement that:
            (a) is between the Commonwealth and a Basin State or between Basin States; and
            (b) relates to trades of held environmental water to, from or between places; and
            (c) is for the purpose of achieving one or more environmental outcomes.
(4) For paragraph (2)(b), a trade satisfies this subsection if the trade is either:
            (a) of a kind that State water management law:
                (i) permits only for held environmental water; and
                (ii) did not permit prior to the entry into an agreement of the kind referred to in subsection (3); or
            (b) part of a sequence of trades that:
                (i) is being conducted in furtherance of an agreement of a kind referred to in subsection (3); and
                (ii) contains a trade of a kind referred to in paragraph (a).

Review of subsections (2) to (4)
(5) The Authority must complete a review of the operation of subsections (2) to (4) by 1 July 2020.
(6) In conducting the review, the Authority must obtain, and have regard to, the advice of the ACCC.
Note: After conducting the review, the Authority might seek to amend the Basin Plan under Subdivision F of Division 1 of Part 2 of the Act.

12.03 Water delivery rights to which this Chapter applies
(1) This Chapter applies to a water delivery right if:
            (a) the right is held against an irrigation infrastructure operator; and
            (b) the irrigation infrastructure operator is entitled to impose a fee upon the termination or surrender of that right, or services provided in relation to that right; and
            (c) the Water Charge (Termination Fees) Rules 2009 regulates any fee that might be imposed.
Note: An irrigation infrastructure operator is required to calculate the termination fee in accordance with the Water Charge (Termination Fees) Rules 2009. These Rules also impose certain procedural requirements that must be met before a termination fee can be imposed.
(2) In this Chapter, a reference to the trade, termination or surrender of a water delivery right includes a trade, termination or surrender of part or all of the entitlement to delivery under the water delivery right.

12.04 Reference to a trade to, from or between places
In this Chapter, a reference to the trade of a water access right to, from or between places (for example trading zones, locations, areas, resources or systems) is a reference to a trade which results in a change of location at which the