Document ID: chunk:federal_register_of_legislation:F2024C00760:reg:24:p9
Version: federal_register_of_legislation:F2024C00760
Segment Type: reg
Provision Reference: reg 24 (pt 9/36)
Character Range: 331770–334584

(4) The notification must be given:
            (a) for an irrigation right in existence at the commencement of this Chapter—within 30 days after commencement; or
            (b) otherwise—as soon as practicable, but in any case within 30 days after the right comes into existence.
(5) An irrigation infrastructure operator does not need to notify a person of a matter in accordance with this section if:
            (a) it has notified the person of the matter before the commencement of this Chapter; and
            (b) the notice is accurate at the commencement of this Chapter.

12.35 Obligation on irrigation infrastructure operator to give notice if irrigation right is changed
(1) If an irrigation infrastructure operator decides to change a person's entitlement to water under an irrigation right, it must notify the person in writing of the decision and the reasons for the decision.
Note: See section 25D of the Acts Interpretation Act 1901 for content required in a statement of reasons.
(2) The notification must be given as soon as practicable, but in any case within 30 days, after the decision is made.
(3) An irrigation infrastructure operator does not need to notify a person of a matter in accordance with this section if the person's entitlement to water under an irrigation right changes only to reflect a trade or transformation by the person.

        Part 4—Approval processes for trade of water access rights

        Division 1—General

12.36 Object of this Part
The object of this Part is to facilitate the trade of water access rights by making the approval processes involved in trade more open and transparent.

        Division 2—Approval authority's other activities

12.37 Approval authority must disclose interest before trade occurs
(1) An approval authority must disclose to each party to a proposed trade submitted to it for approval:
            (a) the nature of any legal or equitable interest it, or a related party, has in a water access right which is the subject of the proposed trade; and
            (b) the nature of any commercial interest it, or a related party, has in the activities of any water market intermediary involved in the proposed trade.
(2) The disclosure must be made:
            (a) as soon as practicable; and
            (b) before the approval authority approves or rejects the trade.
(3) Subsection (1) does not apply if the interest arises solely from the fact that the approval authority is an agency of a Basin State.
(4) An approval authority is taken to have satisfied the requirements in subsections (1) and (2) if those requirements have been satisfied by a related party of the approval authority, on behalf of the approval authority.

12.38 Approval authority must disclose if it has been a party to a trade
(1) This section applies if: