Water Charge (Termination Fees) Amendment Rules 2012 (Cth)

Water Charge (Termination Fees) Amendment Rules 2012

Water Act 2007

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

1Name of Rules

2Commencement

3Amendment 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.

1. Commencement
   
   

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

1. 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"

1. 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.

1. 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)".

1. 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
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.