Water Amendment Regulations 2010 (No. 1) (Cth)

Water Amendment Regulations 2010 (No. 1)¹

Select Legislative Instrument 2010 No. 83

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Water Act 2007.

Dated 6 May 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

PENELOPE YING YEN WONG

Minister for Climate Change, Energy Efficiency and Water

Name of Regulations

These Regulations are the Water Amendment Regulations 2010 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Water Regulations 2008

Schedule 1 amends the Water Regulations 2008.

Schedule 1 Amendments

(regulation 3)

[1] Subregulation 1.03 (1), after definition of Act

insert

bulk water service means one or more of the following:

(a)a service that is provided for the storage of water that is primarily stored on-river;

(b)a service that is provided for the delivery of water that is primarily delivered on-river.

[2] After regulation 1.05

insert

1.05ADefinition of bulk water charge in subsection 4 (1) of the Act — prescribed persons

(1)A person is prescribed for paragraph (c) of the definition of bulk water charge in subsection 4 (1) of the Act if:

(a)the person diverts water directly from a watercourse for the person’s use, including for one of the following purposes:

(i)agricultural purposes;

(ii)industrial purposes;

(iii)irrigation;

(iv)stock and domestic water use; and

(b)the water is made available through a bulk water service.

[3] Before Division 4.1

insert

Division 4.1A Regulated water charges

4.01ARegulated water charges in section 91 of the Act — prescribed fees or charges

(1)This regulation is made for the purposes of paragraph 91 (1) (d) of the Act.

(2)The following kinds of fees or charges, to the extent that they do not relate to an irrigation network or an urban water supply network, or are not bulk water charges, are prescribed:

(a)a fee or charge payable to an infrastructure operator for access to the operator’s water service infrastructure (or services provided in relation to that access);

(b)a fee or charge payable to an infrastructure operator for changing access to the operator’s water service infrastructure (or services provided in relation to that access), including a fee or charge payable to a bulk water supplier for changing access to a bulk water service;

(c)a fee or charge payable to an infrastructure operator for terminating access to the operator’s water service infrastructure (or services provided in relation to that access), including a fee or charge payable to a bulk water supplier for terminating a bulk water service;

(d)a fee or charge payable to an infrastructure operator for surrendering to the operator a right to the delivery of water through the operator’s water service infrastructure.

(3)In this regulation:

bulk water supplier means a person who imposes a bulk water charge for a bulk water service.

urban water supply network means water service infrastructure that is operated primarily for delivering water for an urban water supply activity beyond the point at which the water has been removed from a Basin water resource.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See