Document ID: chunk:federal_register_of_legislation:F2013C00159:body:0:p11
Version: federal_register_of_legislation:F2013C00159
Segment Type: other
Provision Reference: 
Character Range: 25068–27821

applicable, a fee relating to a water delivery right.

 (2) The fees determined by an irrigation infrastructure operator in relation to an application under rule 11 or 12 must not exceed an amount based on the recovery of the reasonable and efficient costs incurred, or likely to be incurred, by the operator in processing the application.

Civil penalty:   200 penalty units.

14 Irrigation infrastructure operator to process applications efficiently

 (1) Subject to subrule (2), an irrigation infrastructure operator who receives an application for the transformation of the whole or a part of an irrigation right against the operator must advise the applicant in writing if:
 (a) the application is not complete or is not in accordance with these Rules; or
 (b) the application is not accompanied by the relevant fees applicable to the application; or
 (c) there are any outstanding charges or fees payable by the applicant to  the operator in respect of the irrigation right;
and specify the further information that is required, the fees payable or the outstanding charges payable, as the case requires.

 (2) An irrigation infrastructure operator must, after receiving an application for the transformation of the whole or a part of an irrigation right, advise the applicant in writing no later than 5 business days after the end of the relevant period:
 (a) that the application is approved; or
 (b) if the operator is unable to approve the application within the relevant period because:
 (i) a person who holds a legal or equitable interest in the irrigation right has refused to give approval; or
 (ii) a requirement under a law of a State cannot be satisfied; or
 (iii) the applicant has not provided the information required, or paid the fees or outstanding charges, referred to in subrule (1);
         that the application has not been approved for one or more of the reasons referred to above and that the ACCC has been so advised as required under rule 15.

 (3) In this rule:
relevant period, in relation to a decision whether or not to approve an application for transformation of an irrigation right, means the period of 20 business days after:
 (a) receipt by the irrigation infrastructure operator of the application; or
 (b) where further information, a fee or outstanding charges are requested under subrule (1), receipt by the operator of the further information, the fee or outstanding charges, or an agreement is made between the operator and the applicant for the payment of outstanding charges, as the case requires;
whichever is the later but:
 (c) if the applicant has requested details of the relevant irrigation right under rule 7 or, under rule 8, required the continuation of a right to have water delivered, does not