Document ID: chunk:federal_register_of_legislation:F2013C00159:body:0:p7
Version: federal_register_of_legislation:F2013C00159
Segment Type: other
Provision Reference: 
Character Range: 15355–17963

water delivery services in accordance with the terms and conditions of a right to have water delivered that continues after transformation in accordance with rule 8.

Civil penalty:   200 penalty units.

10 Security may be required for payment of fees or charges for delivery of water

 (1) Where a person, by written notice given to an irrigation 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, after the transformation, either:
 (a) the person ceases to hold any part of the irrigation right (except as provided in subrule 7 (8)); or
 (b) the person holds a part of that right but the volume of water to delivery of which the person is entitled under the water delivery right in respect of the current financial year (disregarding any constraints on delivery) is more than 5 times the volume of water that the person is entitled to receive in respect of that year under the part of the right held by the person (excluding, if the person holds a part of an irrigation right as provided in subrule 7 (8), the volume of water 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.

 (1A) If a person's water delivery right has been converted from an entitlement to a volume of water to an entitlement on a flow rate basis or other basis:
 (a) subrule (1) applies to the entitlement under the water delivery right as if it were an entitlement to the delivery of a volume of water; and
 (b) for the purposes of determining that volume, the irrigation infrastructure operator:
 (i) must convert the entitlement under the water delivery right to a volume of water by applying the same formula as was used when the entitlement was converted to the flow rate basis or other basis (subject to any necessary adjustment on account of any restructure of the entitlement after its conversion); and
 (ii) must provide to the person details in writing that reasonably confirm that the requirement for security is in accordance with paragraph (1) (b).

 (1B) Where a person, by written notice given to an irrigation 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