Document ID: chunk:federal_register_of_legislation:F2024C00760:reg:24:p6
Version: federal_register_of_legislation:F2024C00760
Segment Type: reg
Provision Reference: reg 24 (pt 6/36)
Character Range: 323596–326645

access right between a groundwater SDL resource unit and a surface water SDL resource unit is prohibited, unless all the following conditions are met:
            (a) there is sufficient hydraulic connectivity between the 2 units;
            (b) any resource condition limits in the groundwater SDL resource unit specified in a water resource plan will not be exceeded as a result of the trade;
            (c) measures are in place to account for the trade;
            (d) either:
                (i) water access rights in the 2 units have substantially similar characteristics of timing, reliability and volume; or
                (ii) measures are in place to ensure that the water access right to be traded will maintain its characteristics of timing, reliability and volume;
            (e) measures are in place to address the impact, as a result of trade, on water availability in relation to a water access right held by a third party.
Note:  Section 10.39 sets out requirements for a water resource plan in relation to this section.

        Subdivision D—Miscellaneous

12.27 Restrictions allowable for breaches of State water management law
Nothing in this Chapter is to be taken to have the effect that a person may trade a water access right free of a restriction imposed under State water management law because the person has:
            (a) committed an offence; or
            (b) failed to pay fees or charges.
Note:  See section 4 of the Act for the meaning of State water management law.

        Division 2—Trade of water delivery rights
Note:  See section 4 of the Act for the meaning of irrigation infrastructure operator.

12.28 No unreasonable restriction of trade of water delivery rights
An irrigation infrastructure operator must not unreasonably restrict the trade of a water delivery right.

12.29 When restriction of trade is reasonable
(1) For section 12.28, factors to be taken into account in deciding whether a restriction is reasonable include, but are not limited to, the following:
            (a) overall capacity in the irrigation infrastructure operator's irrigation network;
            (b) capacity in the parts of the irrigation infrastructure operator's irrigation network to which water would potentially be delivered under the traded water delivery right;
            (c) reconfiguration or decommissioning work in the parts of the irrigation infrastructure operator's irrigation network to which water would potentially be delivered under the traded water delivery right;
            (d) connectivity between specific parts of the irrigation infrastructure operator's irrigation network relevant to the proposed trade;
            (e) payment of fees or charges of the type described in paragraph 91(1)(a) of the Act;
            (f) the volume of a water delivery right reasonably required to irrigate a person's property for both current and expected future water use;
            (g) the net costs to the irrigation infrastructure operator of assessing and giving effect to the trade of a water