Document ID: chunk:federal_register_of_legislation:F2013C00159:body:0:p8
Version: federal_register_of_legislation:F2013C00159
Segment Type: other
Provision Reference: 
Character Range: 17728–20289

infrastructure operator under subrule 8 (1), requires the continuation of a right to have water delivered by the operator after transformation of the whole or a part of an irrigation right and:
 (a) when first issued, the right to have water delivered is an entitlement to a specified number of units under a water delivery right, being an entitlement:
 (i) to the same number of units as the number of units to which the person is entitled under the irrigation right; or
 (ii) to a number of units reasonably representing the person's right immediately before the issue and agreed in writing by the person and the operator; and
 (b) after the transformation, the person:
 (i) ceases to hold any part of that irrigation right (except as provided in subrule 7 (8)); or
 (ii) subject to subrule (1C), the number of units to which the person is entitled under the water delivery right in respect of the current financial year is more than 5 times the number of units to which the person is entitled in respect of that year under the irrigation right (excluding, if the person holds a part of an irrigation right as provided in subrule 7 (8), the number of units taken to be the share of a fixed network loss):
         the operator may, subject to this rule, require security to be given by the person for the payment of fees or charges for access to the operator's irrigation network for the delivery of water to the person after the transformation.

 (1C) Subparagraph (1B) (b) (ii) does not apply if there is any change to the entitlement to a specified number of units under the water delivery right after it is first issued (otherwise than as a result of the acquisition, transfer or termination of units initiated by the holder of the right).

 (2) An irrigation infrastructure operator must not require security to be given by a person under this rule in an amount that, at the time the security is given:
 (a) exceeds the amount that, under the Water Charge (Termination Fees) Rules 2009, would be payable to the irrigation infrastructure operator for the termination of the water delivery right held by the person against the operator at that time; or
 (b) if there is no such amount, exceeds the amount of the total network access charge within the meaning of those Rules payable to the operator in respect of the year in which the security is given.

 (3) An irrigation infrastructure operator must not refuse to accept security by reason only of the form in which it is offered if a person offers it in 1 or more of the following forms:
 (a) where part