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Water Charge (Termination Fees) Amendment Rules 2012

Authoritative Version
  • - F2012L02043
  • No longer in force
Rules/Other as made
These rules amend the Water Charge (Termination Fees) Rules 2009 to address technical issues that have arisen during implementation of those rules.
Administered by: Sustainability, Environment, Water, Population and Communities
Made 10 Oct 2012
Registered 16 Oct 2012
Tabled HR 29 Oct 2012
Tabled Senate 29 Oct 2012
Date of repeal 18 Oct 2012
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003

I, TONY BURKE, Minister for Sustainability, Environment, Water, Population and Communities, having regard to advice given by the Australian Competition and Consumer Commission, make the following Rules under section 92 of the Water Act 2007.

Dated                          10 . 10 . 2012

Tony Burke

Tony Burke

 

Minister for Sustainability, Environment, Water, Population and Communities


Contents

Part 1             Preliminary

1            Name of Rules

2            Commencement

3            Amendment of Water Charge (Termination Fees) Rules 2009

Schedule – Amendments

 


 

Part 1                  Preliminary

1             Name of Rules

 

These Rules are the Water Charge (Termination Fees) Amendment Rules 2012.

2             Commencement

These Rules commence on the day after the Rules are registered.

3             Amendment of the Water Charge (Termination Fees) Rules 2009

 

The Schedule amends the Water Charge (Termination Fees) Rules 2009.


 

Schedule – Amendments

 

1             Part 1, Rule 3

 

In definition of total network access charge, delete:

 

"means the total amount payable in respect of a financial year by a terminating irrigator"

 

Substitute:

 

"means the total amount that would have been payable to the operator in respect of a full financial year by a terminating irrigator, if termination or surrender had not occurred"

 

2             Part 2, Subrule 5(3)

After subrule 5(2), add:

(3)        Where—

(a)        a person's right of access, and services in relation to that right, have been terminated or surrendered in whole or in part; and

(b)        the person has paid the fees (if any) payable under rule 7 or 8 to the irrigation infrastructure operator:

the operator must not charge, and the person is not liable to pay, any fee in relation to that right, or a part of that right, that has been terminated or surrendered, or services provided in relation to that right or part, in respect of a financial year commencing after the termination or surrender.

Civil penalty: 200 penalty units.

3             Part 3, Paragraph 6(1)(b)

 

Delete "the person is in breach of the person's obligations under that contract", substitute "an act or omission by the person is in breach of the person's obligations under that contract (other than the act of trading the whole or a part of a water access right)".

 

4             Part 3, Paragraph 7(a)

 

Delete paragraph 7(a), substitute:


(a) the amount determined by multiplying by 10:

(i)         where the whole of a right of access, or services provided in relation to the whole of such a right, are terminated or surrendered, the total network access charge in respect of the financial year:

(A)       in which notice of termination or surrender is given; or

(B)       in which, under the notice of termination or surrender, termination or surrender is to take effect:

whichever is the later; or

(ii)        where a part of a right of access, or services provided in relation to a part of such a right, are terminated or surrendered, the proportion applicable to that part of the total network access charge in respect of the financial year:

(A)       in which notice of termination or surrender is given; or

(B)       in which, under the notice of termination or surrender, termination or surrender is to take effect:

whichever is the later.

 

 

Note

  1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au
  2. These Rules amend the Water Charge (Termination Fees) Rules 2009 (‘the termination fee rules’). Part 1 and rule 8 of the termination fee rules commenced on 23 June 2009 and the remainder commenced on 1 September 2009.
  3. The termination fee rules were amended by the Water Charge (Termination Fees) Amendment Rules 2011 which commenced on 17 February 2011.