Document ID: chunk:federal_register_of_legislation:F2013C00159:body:0:p1
Version: federal_register_of_legislation:F2013C00159
Segment Type: other
Provision Reference: 
Character Range: 0–3021

Water Market Rules 2009

as amended

made under section 97 of the

Water Act 2007

This compilation was prepared on 14 March 2013
taking into account amendments up to the Water Market Amendment Rules 2012

Prepared by the Department of Sustainability, Environment, Water, Population and Communities, Canberra

Contents

Part 1 Preliminary

 1 Name of Rules
 2 Commencement
 3 Definitions
 4 Transitional provision for application of these Rules

Part 2 Facilitation of transformation

 5 Irrigation infrastructure operators to inform irrigators of the making of these Rules
 6 Irrigation infrastructure operator to establish procedures for transformation

Part 3 Irrigation right

 7 Irrigation infrastructure operator to provide details of irrigation right

Part 4 Water delivery rights

 8 Contractual terms and conditions of water delivery rights
 9 Continuation of water delivery services
 10 Security may be required for payment of fees or charges for delivery of water

Part 5 Applications relating to transformation of irrigation rights

 11 Application for transformation where water access entitlement is to be held by applicant
 12 Application for transformation where water access entitlement is to be held by person other than the operator or the applicant
 13 Fees
 14 Irrigation infrastructure operator to process applications efficiently

Part 6  General

 15 Operator to notify ACCC if unable to meet timelines or approve an application for transformation
 16 Irrigation infrastructure operators to facilitate transformation arrangements
 17 Irrigation infrastructure operator not to prevent or delay trading of water access entitlement
 18 Irrigation infrastructure operators not to take security except in accordance with these Rules
 19 Water delivery right not to be terminated by reason only of application for transformation
 20 Contractual arrangements between irrigation infrastructure operators and holders of irrigation rights or water access entitlements
 21 Irrigation infrastructure operators to notify irrigators of relevant changes to constitution, contracts etc

Part 7 Proceedings for damages

 22 Proceedings to recover loss or damage

Notes

Part 1 Preliminary

1 Name of Rules

  These Rules are the Water Market Rules 2009.

2 Commencement

  These Rules commence on the day after they are registered.

3 Definitions

  In these Rules, unless the contrary intention appears:
Act means the Water Act 2007.
business day, in relation to an obligation of an irrigation infrastructure operator, does not include a Saturday, Sunday or day that is a public holiday in the place where the operator's principal place of business is situated.
civil penalty means a civil penalty within the meaning of Division 4 of Part 8 of the Act.

Note   Subsection 97 (8) of the Act provides that the civil penalty for a contravention of a provision of the water market rules is 200 penalty units.

Subsection 147 (3) of the Act provides that the pecuniary penalty for a contravention of