Document ID: chunk:federal_register_of_legislation:C2024C00557:section:26
Version: federal_register_of_legislation:C2024C00557
Segment Type: section
Provision Reference: s 26
Character Range: 147613–150210

26  Water trading and transfer rules
 (1) The provisions included in the Basin Plan under item 12 of the table in subsection 22(1) (the water trading rules) may deal with the following matters:
 (a) the rules governing the trading or transfer of tradeable water rights;
 (b) the terms on which tradeable water rights are traded or transferred;
 (c) the processes by which tradeable water rights are traded or transferred;
 (d) the imposition or removal of restrictions on, and barriers to, the trading or transfer of tradeable water rights;
 (e) restrictions on taking or using water from a water resource as a result of the trading or transfer of tradeable water rights in relation to that water resource;
 (f) the manner in which particular kinds of trading or transfer of tradeable water rights is conducted;
 (g) the specification of areas within which particular tradeable water rights may be traded or transferred;
 (h) the availability of information to enable the trading or transfer of tradeable water rights;
 (i) the reporting of the trading or transfer of tradeable water rights;
 (j) any matter that was dealt with in:
 (i) Schedule E to the former MDB Agreement (other than paragraph 15(3)(c) of that Schedule); or
 (ii) the Protocols to the former MDB Agreement made under Schedule E to the former MDB Agreement (other than the Protocol on Access and Exit Fees).
 (2) Without limiting paragraph (1)(d), the water trading rules may:
 (a) prohibit some types of restrictions on, or barriers to, the trading or transfer of tradeable water rights; and
 (b) impose or allow other types of restrictions on, or barriers to, the trading or transfer of tradeable water rights.
 (3) Without limiting paragraph (1)(h) or (i), the water trading rules may provide for the use of registers to provide information about the trading or transfer of tradeable water rights.
 (4) Without limiting subsection (1), particular water trading rules may be limited to one or more of the following:
 (a) particular kinds of trading or transfer (for example, exchange rate trade or tagged trade); or
 (b) the trading or transfer of particular kinds of tradeable water rights; or
 (c) the trading or transfer of tradeable water rights in relation to particular water resources.
 (5) Without limiting subsection (1), the water trading rules may provide that a person who suffers loss or damage as a result of conduct of another person that contravenes the water trading rules may recover the amount of the loss or damage by action against that other person or against any person involved in the contravention.