(2) This Chapter sets out the water trading rules (item 12 of the table in subsection 22(1) of the Act) which deal with the following:
(b) information which must be given by irrigation infrastructure operators in relation to water delivery rights and irrigation rights (Part 3);
12.02 Application of Chapter to certain water access rights
(1) This Chapter does not apply to water access rights of a kind that are not able to be traded under State water management law.
(2) Sections 12.07, 12.08, 12.09 and 12.14 do not prevent the application of restrictions on a trade of a water access right if:
Note: After conducting the review, the Authority might seek to amend the Basin Plan under Subdivision F of Division 1 of Part 2 of the Act.
(b) the irrigation infrastructure operator is entitled to impose a fee upon the termination or surrender of that right, or services provided in relation to that right; and
Note: An irrigation infrastructure operator is required to calculate the termination fee in accordance with the Water Charge (Termination Fees) Rules 2009. These Rules also impose certain procedural requirements that must be met before a termination fee can be imposed.
(2) In this Chapter, a reference to the trade, termination or surrender of a water delivery right includes a trade, termination or surrender of part or all of the entitlement to delivery under the water delivery right.
In this Chapter, a reference to the trade of a water access right to, from or between places (for example trading zones, locations, areas, resources or systems) is a reference to a trade which results in a change of location at which the water to which the right relates may be taken.
A person who suffers loss or damage as a result of conduct of another person, other than an agency of a Basin State, that contravenes a section specified in the following table may recover the amount of the loss or damage by action against that other person.
12.01 Simplified outline
(2) This Chapter sets out the water trading rules (item 12 of the table in subsection 22(1) of the Act) which deal with the following:
(b) information which must be given by irrigation infrastructure operators in relation to water delivery rights and irrigation rights (Part 3);
12.02 Application of Chapter to certain water access rights
Chapter 12—Water trading rules
(2) This Chapter sets out the water trading rules (item 12 of the table in subsection 22(1) of the Act) which deal with the following:
(b) information which must be given by irrigation infrastructure operators in relation to water delivery rights and irrigation rights (Part 3);
12.02 Application of Chapter to certain water access rights
(1) This Chapter does not apply to water access rights of a kind that are not able to be traded under State water management law.
(2) Sections 12.07, 12.08, 12.09 and 12.14 do not prevent the application of restrictions on a trade of a water access right if:
Note: After conducting the review, the Authority might seek to amend the Basin Plan under Subdivision F of Division 1 of Part 2 of the Act.
(b) the irrigation infrastructure operator is entitled to impose a fee upon the termination or surrender of that right, or services provided in relation to that right; and
Note: An irrigation infrastructure operator is required to calculate the termination fee in accordance with the Water Charge (Termination Fees) Rules 2009. These Rules also impose certain procedural requirements that must be met before a termination fee can be imposed.
(2) In this Chapter, a reference to the trade, termination or surrender of a water delivery right includes a trade, termination or surrender of part or all of the entitlement to delivery under the water delivery right.
In this Chapter, a reference to the trade of a water access right to, from or between places (for example trading zones, locations, areas, resources or systems) is a reference to a trade which results in a change of location at which the water to which the right relates may be taken.
A person who suffers loss or damage as a result of conduct of another person, other than an agency of a Basin State, that contravenes a section specified in the following table may recover the amount of the loss or damage by action against that other person.
Chapter does not apply to non‑tradeable Chapter does not apply to non‑tradeable water access rights
(1) This Chapter does not apply to water access rights of a kind that are not able to be traded under State water management law.
Certain provisions do not apply to trade Certain provisions do not apply to trades conducted pursuant to inter‑governmental agreements
(2) Sections 12.07, 12.08, 12.09 and 12.14 do not prevent the application of restrictions on a trade of a water access right if:
Review of subsections (2) to (4) Review of subsections (2) to (4)
Note: After conducting the review, the Authority might seek to amend the Basin Plan under Subdivision F of Division 1 of Part 2 of the Act.
12.03 Water delivery rights to which this Chapter applies
(b) the irrigation infrastructure operator is entitled to impose a fee upon the termination or surrender of that right, or services provided in relation to that right; and
Note: An irrigation infrastructure operator is required to calculate the termination fee in accordance with the Water Charge (Termination Fees) Rules 2009. These Rules also impose certain procedural requirements that must be met before a termination fee can be imposed.
(2) In this Chapter, a reference to the trade, termination or surrender of a water delivery right includes a trade, termination or surrender of part or all of the entitlement to delivery under the water delivery right.
12.04 Reference to a trade to, from or between places
In this Chapter, a reference to the trade of a water access right to, from or between places (for example trading zones, locations, areas, resources or systems) is a reference to a trade which results in a change of location at which the water to which the right relates may be taken.
12.05 Recovery of loss or damage
A person who suffers loss or damage as a result of conduct of another person, other than an agency of a Basin State, that contravenes a section specified in the following table may recover the amount of the loss or damage by action against that other person.
Part 2 Restrictions on trade of tradeable water rights
(1) A person may trade a water access right free of any condition as to the holding, buying, selling, obtaining, accepting or terminating of a separate location‑related right.
A person may trade a water access right free of any restriction on the trade that relates to the person being, or not being, a member of a particular class of persons.
(1) A person may trade a water access right free of any restriction on the trade that relates to the purpose for which the water relating to that right has been, or will be, used.
(3) This section does not apply to the trade of a water access entitlement designated for an urban water supply activity under State water management law.
A person may take and use water under a water access right free of any restriction arising from the fact that the person acquired the water access right by way of trade.
A person may trade a water access right free of any restriction arising from the fact that water extracted under the right might be transported or used outside the Murray‑Darling Basin.
(1) A person may trade a water allocation free of any restriction arising from the fact that the water allocation was carried over from the previous water accounting period under a carryover arrangement.
(1) A person may participate in a carryover arrangement in relation to a water access right free of any restriction arising from the fact that the person acquired the water access right by way of trade.
A person may trade a water access right within a water resource free of any restriction based on the fact that a water resource is overallocated.
A person may trade a water access right or an irrigation right free of any condition that would require the person to hold, buy, sell, obtain, accept, terminate, or vary the volume or unit share of, a water delivery right.
free of any restriction on changing the location at which the water to which the right relates may be taken, and any restriction that is a volumetric limit, other than a restriction that:
(2) For this section, if the boundary between 2 unregulated systems is based solely on the border between 2 Basin States, this section applies as if the 2 unregulated systems were one unregulated system.
(2) In this section, hydrologic connections and water supply considerations, in relation to a water access right, means any of the following:
(b) the potential impact, as a result of the trade of a water access right, on water availability in relation to a water access right held by a third party (other than an impact arising solely because of an increase in use of the traded water access right);
Note 2: See clause 5 of the Murray‑Darling Basin Agreement (Adjusting Valley Accounts and State Transfer Accounts) Protocol 2010 for the meaning of state transfer account.
(1) If a Basin State decides to impose a restriction of a kind referred to in section 12.16, it must notify the Inspector‑General of the decision and the reasons for the decision.
(1) The Inspector‑General must make a written declaration that a restriction of a kind referred to in section 12.16 is necessary because of a reason listed in subsection 12.18(1) if:
(b) the Inspector‑General is satisfied that the restriction is in fact necessary because of a reason listed in subsection 12.18(1).
(2) The Inspector‑General may consult other Basin States, the ACCC, and any other interested parties before making the declaration.
(3) The Inspector‑General must publish the declaration, and the Inspector‑General’s reasons for being satisfied that the restriction is necessary, on the Inspector‑General’s website.
A water access entitlement must not be traded in a regulated system or between regulated systems if an exchange rate is applied to the water access entitlement as a condition of the trade.
(a) the exchange rate is applied as a condition of the trade of a water access entitlement from one location (location A) to another (location B); and
(c) the water access entitlement is to be traded between the 2 locations at the exchange rate specified in the declaration.
(3) The Inspector‑General must make a written declaration permitting the application of a specified exchange rate to trades between 2 specified locations if:
(i) the purpose of the exchange rate is to redress the impact of previous exchange rate trades from location B to location A; and
(ii) the total volume of water access entitlements to be traded from location A to location B using the exchange rate would not exceed the total volume of water access entitlements previously traded to location A from location B using exchange rates.
(a) a restriction has effect on the trade of water allocations between 2 places, each of which is in a regulated system; and
(2) On and after the commencement of item 2 of Schedule 4 to the Water Amendment (Restoring Our Rivers) Act 2023, this section applies to a tagged water access entitlement whenever established.
(4) For this section, a tagged water access entitlement is established once the tag has been approved by all relevant approval authorities.
The trade of a water access right between 2 locations within a groundwater SDL resource unit is prohibited, unless all the following conditions are met:
(b) any resource condition limits in the SDL resource unit specified in a water resource plan will not be exceeded as a result of the trade;
(i) water access rights in the 2 locations have substantially similar characteristics of timing, reliability and volume; or
(ii) measures are in place to ensure that the water access right to be traded will maintain its characteristics of timing, reliability and volume;
(d) measures are in place to address the impact, as a result of trade, on water availability in relation to a water access right held by a third party.
The trade of a water access right between 2 groundwater SDL resource units is prohibited, unless all the following conditions are met:
(b) any resource condition limits in either unit specified in a water resource plan will not be exceeded as a result of the trade;
(ii) measures are in place to ensure that the water access right to be traded will maintain its characteristics of timing, reliability and volume;
(e) measures are in place to address the impact, as a result of trade, on water availability in relation to a water access right held by a third party.
The trade of a water access right between a groundwater SDL resource unit and a surface water SDL resource unit is prohibited, unless all the following conditions are met:
(b) any resource condition limits in the groundwater SDL resource unit specified in a water resource plan will not be exceeded as a result of the trade;
(ii) measures are in place to ensure that the water access right to be traded will maintain its characteristics of timing, reliability and volume;
(e) measures are in place to address the impact, as a result of trade, on water availability in relation to a water access right held by a third party.
Nothing in this Chapter is to be taken to have the effect that a person may trade a water access right free of a restriction imposed under State water management law because the person has:
(1) For section 12.28, factors to be taken into account in deciding whether a restriction is reasonable include, but are not limited to, the following:
(b) capacity in the parts of the irrigation infrastructure operator’s irrigation network to which water would potentially be delivered under the traded water delivery right;
(c) reconfiguration or decommissioning work in the parts of the irrigation infrastructure operator’s irrigation network to which water would potentially be delivered under the traded water delivery right;
(d) connectivity between specific parts of the irrigation infrastructure operator’s irrigation network relevant to the proposed trade;
(f) the volume of a water delivery right reasonably required to irrigate a person’s property for both current and expected future water use;
(g) the net costs to the irrigation infrastructure operator of assessing and giving effect to the trade of a water delivery right;
(h) the provision of reasonable security to the irrigation infrastructure operator for the payment of fees or charges for access to the operator’s irrigation network by the person acquiring the water delivery right;
(i) whether the proposed trade would result in the water delivery right being held by a person who does not own or occupy land in the area serviced by the irrigation infrastructure operator.
reconfiguration or decommissioning work means activities whereby irrigation networks are closed, rationalised, or otherwise changed, in order to change their capacity or efficiency.
(1) If an irrigation infrastructure operator decides to restrict the trade of a water delivery right within its irrigation network, it must notify each party to the trade in writing of the decision and the reasons for the decision.
Division 1 Trade of tradeable water rights
(1) A person may trade a water access right free of any condition as to the holding, buying, selling, obtaining, accepting or terminating of a separate location‑related right.
A person may trade a water access right free of any restriction on the trade that relates to the person being, or not being, a member of a particular class of persons.
(1) A person may trade a water access right free of any restriction on the trade that relates to the purpose for which the water relating to that right has been, or will be, used.
(3) This section does not apply to the trade of a water access entitlement designated for an urban water supply activity under State water management law.
A person may take and use water under a water access right free of any restriction arising from the fact that the person acquired the water access right by way of trade.
A person may trade a water access right free of any restriction arising from the fact that water extracted under the right might be transported or used outside the Murray‑Darling Basin.
(1) A person may trade a water allocation free of any restriction arising from the fact that the water allocation was carried over from the previous water accounting period under a carryover arrangement.
(1) A person may participate in a carryover arrangement in relation to a water access right free of any restriction arising from the fact that the person acquired the water access right by way of trade.
A person may trade a water access right within a water resource free of any restriction based on the fact that a water resource is overallocated.
A person may trade a water access right or an irrigation right free of any condition that would require the person to hold, buy, sell, obtain, accept, terminate, or vary the volume or unit share of, a water delivery right.
free of any restriction on changing the location at which the water to which the right relates may be taken, and any restriction that is a volumetric limit, other than a restriction that:
(2) For this section, if the boundary between 2 unregulated systems is based solely on the border between 2 Basin States, this section applies as if the 2 unregulated systems were one unregulated system.
(2) In this section, hydrologic connections and water supply considerations, in relation to a water access right, means any of the following:
(b) the potential impact, as a result of the trade of a water access right, on water availability in relation to a water access right held by a third party (other than an impact arising solely because of an increase in use of the traded water access right);
Note 2: See clause 5 of the Murray‑Darling Basin Agreement (Adjusting Valley Accounts and State Transfer Accounts) Protocol 2010 for the meaning of state transfer account.
(1) If a Basin State decides to impose a restriction of a kind referred to in section 12.16, it must notify the Inspector‑General of the decision and the reasons for the decision.
(1) The Inspector‑General must make a written declaration that a restriction of a kind referred to in section 12.16 is necessary because of a reason listed in subsection 12.18(1) if:
(b) the Inspector‑General is satisfied that the restriction is in fact necessary because of a reason listed in subsection 12.18(1).
(2) The Inspector‑General may consult other Basin States, the ACCC, and any other interested parties before making the declaration.
(3) The Inspector‑General must publish the declaration, and the Inspector‑General’s reasons for being satisfied that the restriction is necessary, on the Inspector‑General’s website.
A water access entitlement must not be traded in a regulated system or between regulated systems if an exchange rate is applied to the water access entitlement as a condition of the trade.
(a) the exchange rate is applied as a condition of the trade of a water access entitlement from one location (location A) to another (location B); and
(c) the water access entitlement is to be traded between the 2 locations at the exchange rate specified in the declaration.
(3) The Inspector‑General must make a written declaration permitting the application of a specified exchange rate to trades between 2 specified locations if:
(i) the purpose of the exchange rate is to redress the impact of previous exchange rate trades from location B to location A; and
(ii) the total volume of water access entitlements to be traded from location A to location B using the exchange rate would not exceed the total volume of water access entitlements previously traded to location A from location B using exchange rates.
(a) a restriction has effect on the trade of water allocations between 2 places, each of which is in a regulated system; and
(2) On and after the commencement of item 2 of Schedule 4 to the Water Amendment (Restoring Our Rivers) Act 2023, this section applies to a tagged water access entitlement whenever established.
(4) For this section, a tagged water access entitlement is established once the tag has been approved by all relevant approval authorities.
The trade of a water access right between 2 locations within a groundwater SDL resource unit is prohibited, unless all the following conditions are met:
(b) any resource condition limits in the SDL resource unit specified in a water resource plan will not be exceeded as a result of the trade;
(i) water access rights in the 2 locations have substantially similar characteristics of timing, reliability and volume; or
(ii) measures are in place to ensure that the water access right to be traded will maintain its characteristics of timing, reliability and volume;
(d) measures are in place to address the impact, as a result of trade, on water availability in relation to a water access right held by a third party.
The trade of a water access right between 2 groundwater SDL resource units is prohibited, unless all the following conditions are met:
(b) any resource condition limits in either unit specified in a water resource plan will not be exceeded as a result of the trade;
(ii) measures are in place to ensure that the water access right to be traded will maintain its characteristics of timing, reliability and volume;
(e) measures are in place to address the impact, as a result of trade, on water availability in relation to a water access right held by a third party.
The trade of a water access right between a groundwater SDL resource unit and a surface water SDL resource unit is prohibited, unless all the following conditions are met:
(b) any resource condition limits in the groundwater SDL resource unit specified in a water resource plan will not be exceeded as a result of the trade;
(ii) measures are in place to ensure that the water access right to be traded will maintain its characteristics of timing, reliability and volume;
(e) measures are in place to address the impact, as a result of trade, on water availability in relation to a water access right held by a third party.
Nothing in this Chapter is to be taken to have the effect that a person may trade a water access right free of a restriction imposed under State water management law because the person has:
(1) For section 12.28, factors to be taken into account in deciding whether a restriction is reasonable include, but are not limited to, the following:
(b) capacity in the parts of the irrigation infrastructure operator’s irrigation network to which water would potentially be delivered under the traded water delivery right;
(c) reconfiguration or decommissioning work in the parts of the irrigation infrastructure operator’s irrigation network to which water would potentially be delivered under the traded water delivery right;
(d) connectivity between specific parts of the irrigation infrastructure operator’s irrigation network relevant to the proposed trade;
(f) the volume of a water delivery right reasonably required to irrigate a person’s property for both current and expected future water use;
(g) the net costs to the irrigation infrastructure operator of assessing and giving effect to the trade of a water delivery right;
(h) the provision of reasonable security to the irrigation infrastructure operator for the payment of fees or charges for access to the operator’s irrigation network by the person acquiring the water delivery right;
(i) whether the proposed trade would result in the water delivery right being held by a person who does not own or occupy land in the area serviced by the irrigation infrastructure operator.
reconfiguration or decommissioning work means activities whereby irrigation networks are closed, rationalised, or otherwise changed, in order to change their capacity or efficiency.
(1) If an irrigation infrastructure operator decides to restrict the trade of a water delivery right within its irrigation network, it must notify each party to the trade in writing of the decision and the reasons for the decision.
Subdivision A All water resources—right to trade free of certain restrictions
(1) A person may trade a water access right free of any condition as to the holding, buying, selling, obtaining, accepting or terminating of a separate location‑related right.
A person may trade a water access right free of any restriction on the trade that relates to the person being, or not being, a member of a particular class of persons.
(1) A person may trade a water access right free of any restriction on the trade that relates to the purpose for which the water relating to that right has been, or will be, used.
(3) This section does not apply to the trade of a water access entitlement designated for an urban water supply activity under State water management law.
A person may take and use water under a water access right free of any restriction arising from the fact that the person acquired the water access right by way of trade.
A person may trade a water access right free of any restriction arising from the fact that water extracted under the right might be transported or used outside the Murray‑Darling Basin.
(1) A person may trade a water allocation free of any restriction arising from the fact that the water allocation was carried over from the previous water accounting period under a carryover arrangement.
(1) A person may participate in a carryover arrangement in relation to a water access right free of any restriction arising from the fact that the person acquired the water access right by way of trade.
A person may trade a water access right within a water resource free of any restriction based on the fact that a water resource is overallocated.
A person may trade a water access right or an irrigation right free of any condition that would require the person to hold, buy, sell, obtain, accept, terminate, or vary the volume or unit share of, a water delivery right.
free of any restriction on changing the location at which the water to which the right relates may be taken, and any restriction that is a volumetric limit, other than a restriction that:
(2) For this section, if the boundary between 2 unregulated systems is based solely on the border between 2 Basin States, this section applies as if the 2 unregulated systems were one unregulated system.
(2) In this section, hydrologic connections and water supply considerations, in relation to a water access right, means any of the following:
(b) the potential impact, as a result of the trade of a water access right, on water availability in relation to a water access right held by a third party (other than an impact arising solely because of an increase in use of the traded water access right);
Note 2: See clause 5 of the Murray‑Darling Basin Agreement (Adjusting Valley Accounts and State Transfer Accounts) Protocol 2010 for the meaning of state transfer account.
(1) If a Basin State decides to impose a restriction of a kind referred to in section 12.16, it must notify the Inspector‑General of the decision and the reasons for the decision.
(1) The Inspector‑General must make a written declaration that a restriction of a kind referred to in section 12.16 is necessary because of a reason listed in subsection 12.18(1) if:
(b) the Inspector‑General is satisfied that the restriction is in fact necessary because of a reason listed in subsection 12.18(1).
(2) The Inspector‑General may consult other Basin States, the ACCC, and any other interested parties before making the declaration.
(3) The Inspector‑General must publish the declaration, and the Inspector‑General’s reasons for being satisfied that the restriction is necessary, on the Inspector‑General’s website.
A water access entitlement must not be traded in a regulated system or between regulated systems if an exchange rate is applied to the water access entitlement as a condition of the trade.
(a) the exchange rate is applied as a condition of the trade of a water access entitlement from one location (location A) to another (location B); and
(c) the water access entitlement is to be traded between the 2 locations at the exchange rate specified in the declaration.
(3) The Inspector‑General must make a written declaration permitting the application of a specified exchange rate to trades between 2 specified locations if:
(i) the purpose of the exchange rate is to redress the impact of previous exchange rate trades from location B to location A; and
(ii) the total volume of water access entitlements to be traded from location A to location B using the exchange rate would not exceed the total volume of water access entitlements previously traded to location A from location B using exchange rates.
(a) a restriction has effect on the trade of water allocations between 2 places, each of which is in a regulated system; and
(2) On and after the commencement of item 2 of Schedule 4 to the Water Amendment (Restoring Our Rivers) Act 2023, this section applies to a tagged water access entitlement whenever established.
(4) For this section, a tagged water access entitlement is established once the tag has been approved by all relevant approval authorities.
The trade of a water access right between 2 locations within a groundwater SDL resource unit is prohibited, unless all the following conditions are met:
(b) any resource condition limits in the SDL resource unit specified in a water resource plan will not be exceeded as a result of the trade;
(i) water access rights in the 2 locations have substantially similar characteristics of timing, reliability and volume; or
(ii) measures are in place to ensure that the water access right to be traded will maintain its characteristics of timing, reliability and volume;
(d) measures are in place to address the impact, as a result of trade, on water availability in relation to a water access right held by a third party.
The trade of a water access right between 2 groundwater SDL resource units is prohibited, unless all the following conditions are met:
(b) any resource condition limits in either unit specified in a water resource plan will not be exceeded as a result of the trade;
(ii) measures are in place to ensure that the water access right to be traded will maintain its characteristics of timing, reliability and volume;
(e) measures are in place to address the impact, as a result of trade, on water availability in relation to a water access right held by a third party.
The trade of a water access right between a groundwater SDL resource unit and a surface water SDL resource unit is prohibited, unless all the following conditions are met:
(b) any resource condition limits in the groundwater SDL resource unit specified in a water resource plan will not be exceeded as a result of the trade;
(ii) measures are in place to ensure that the water access right to be traded will maintain its characteristics of timing, reliability and volume;
(e) measures are in place to address the impact, as a result of trade, on water availability in relation to a water access right held by a third party.
Nothing in this Chapter is to be taken to have the effect that a person may trade a water access right free of a restriction imposed under State water management law because the person has:
(1) For section 12.28, factors to be taken into account in deciding whether a restriction is reasonable include, but are not limited to, the following:
(b) capacity in the parts of the irrigation infrastructure operator’s irrigation network to which water would potentially be delivered under the traded water delivery right;
(c) reconfiguration or decommissioning work in the parts of the irrigation infrastructure operator’s irrigation network to which water would potentially be delivered under the traded water delivery right;
(d) connectivity between specific parts of the irrigation infrastructure operator’s irrigation network relevant to the proposed trade;
(f) the volume of a water delivery right reasonably required to irrigate a person’s property for both current and expected future water use;
(g) the net costs to the irrigation infrastructure operator of assessing and giving effect to the trade of a water delivery right;
(h) the provision of reasonable security to the irrigation infrastructure operator for the payment of fees or charges for access to the operator’s irrigation network by the person acquiring the water delivery right;
(i) whether the proposed trade would result in the water delivery right being held by a person who does not own or occupy land in the area serviced by the irrigation infrastructure operator.
reconfiguration or decommissioning work means activities whereby irrigation networks are closed, rationalised, or otherwise changed, in order to change their capacity or efficiency.
(1) If an irrigation infrastructure operator decides to restrict the trade of a water delivery right within its irrigation network, it must notify each party to the trade in writing of the decision and the reasons for the decision.
12.06 Separate rights
(1) A person may trade a water access right free of any condition as to the holding, buying, selling, obtaining, accepting or terminating of a separate location‑related right.
12.07 Class of persons
A person may trade a water access right free of any restriction on the trade that relates to the person being, or not being, a member of a particular class of persons.
12.08 Purpose for which water is used
(1) A person may trade a water access right free of any restriction on the trade that relates to the purpose for which the water relating to that right has been, or will be, used.
(3) This section does not apply to the trade of a water access entitlement designated for an urban water supply activity under State water management law.
12.09 Take and use of water after a trade
A person may take and use water under a water access right free of any restriction arising from the fact that the person acquired the water access right by way of trade.
12.10 Use outside Murray‑Darling Basin
A person may trade a water access right free of any restriction arising from the fact that water extracted under the right might be transported or used outside the Murray‑Darling Basin.
12.11 Trade of water allocation which has been carried over
(1) A person may trade a water allocation free of any restriction arising from the fact that the water allocation was carried over from the previous water accounting period under a carryover arrangement.
12.12 Access to carryover for traded water access rights
(1) A person may participate in a carryover arrangement in relation to a water access right free of any restriction arising from the fact that the person acquired the water access right by way of trade.
12.13 Overallocation
A person may trade a water access right within a water resource free of any restriction based on the fact that a water resource is overallocated.
12.14 Level of use of water access right
12.15 Trade must not be made conditional on water delivery right
A person may trade a water access right or an irrigation right free of any condition that would require the person to hold, buy, sell, obtain, accept, terminate, or vary the volume or unit share of, a water delivery right.
Subdivision B Additional rules relating to surface water
(1) A person may trade a water access right free of any condition as to the holding, buying, selling, obtaining, accepting or terminating of a separate location‑related right.
A person may trade a water access right free of any restriction on the trade that relates to the person being, or not being, a member of a particular class of persons.
(1) A person may trade a water access right free of any restriction on the trade that relates to the purpose for which the water relating to that right has been, or will be, used.
(3) This section does not apply to the trade of a water access entitlement designated for an urban water supply activity under State water management law.
A person may take and use water under a water access right free of any restriction arising from the fact that the person acquired the water access right by way of trade.
A person may trade a water access right free of any restriction arising from the fact that water extracted under the right might be transported or used outside the Murray‑Darling Basin.
(1) A person may trade a water allocation free of any restriction arising from the fact that the water allocation was carried over from the previous water accounting period under a carryover arrangement.
(1) A person may participate in a carryover arrangement in relation to a water access right free of any restriction arising from the fact that the person acquired the water access right by way of trade.
A person may trade a water access right within a water resource free of any restriction based on the fact that a water resource is overallocated.
A person may trade a water access right or an irrigation right free of any condition that would require the person to hold, buy, sell, obtain, accept, terminate, or vary the volume or unit share of, a water delivery right.
free of any restriction on changing the location at which the water to which the right relates may be taken, and any restriction that is a volumetric limit, other than a restriction that:
(2) For this section, if the boundary between 2 unregulated systems is based solely on the border between 2 Basin States, this section applies as if the 2 unregulated systems were one unregulated system.
(2) In this section, hydrologic connections and water supply considerations, in relation to a water access right, means any of the following:
(b) the potential impact, as a result of the trade of a water access right, on water availability in relation to a water access right held by a third party (other than an impact arising solely because of an increase in use of the traded water access right);
Note 2: See clause 5 of the Murray‑Darling Basin Agreement (Adjusting Valley Accounts and State Transfer Accounts) Protocol 2010 for the meaning of state transfer account.
(1) If a Basin State decides to impose a restriction of a kind referred to in section 12.16, it must notify the Inspector‑General of the decision and the reasons for the decision.
(1) The Inspector‑General must make a written declaration that a restriction of a kind referred to in section 12.16 is necessary because of a reason listed in subsection 12.18(1) if:
(b) the Inspector‑General is satisfied that the restriction is in fact necessary because of a reason listed in subsection 12.18(1).
(2) The Inspector‑General may consult other Basin States, the ACCC, and any other interested parties before making the declaration.
(3) The Inspector‑General must publish the declaration, and the Inspector‑General’s reasons for being satisfied that the restriction is necessary, on the Inspector‑General’s website.
A water access entitlement must not be traded in a regulated system or between regulated systems if an exchange rate is applied to the water access entitlement as a condition of the trade.
(a) the exchange rate is applied as a condition of the trade of a water access entitlement from one location (location A) to another (location B); and
(c) the water access entitlement is to be traded between the 2 locations at the exchange rate specified in the declaration.
(3) The Inspector‑General must make a written declaration permitting the application of a specified exchange rate to trades between 2 specified locations if:
(i) the purpose of the exchange rate is to redress the impact of previous exchange rate trades from location B to location A; and
(ii) the total volume of water access entitlements to be traded from location A to location B using the exchange rate would not exceed the total volume of water access entitlements previously traded to location A from location B using exchange rates.
(a) a restriction has effect on the trade of water allocations between 2 places, each of which is in a regulated system; and
(2) On and after the commencement of item 2 of Schedule 4 to the Water Amendment (Restoring Our Rivers) Act 2023, this section applies to a tagged water access entitlement whenever established.
(4) For this section, a tagged water access entitlement is established once the tag has been approved by all relevant approval authorities.
The trade of a water access right between 2 locations within a groundwater SDL resource unit is prohibited, unless all the following conditions are met:
(b) any resource condition limits in the SDL resource unit specified in a water resource plan will not be exceeded as a result of the trade;
(i) water access rights in the 2 locations have substantially similar characteristics of timing, reliability and volume; or
(ii) measures are in place to ensure that the water access right to be traded will maintain its characteristics of timing, reliability and volume;
(d) measures are in place to address the impact, as a result of trade, on water availability in relation to a water access right held by a third party.
The trade of a water access right between 2 groundwater SDL resource units is prohibited, unless all the following conditions are met:
(b) any resource condition limits in either unit specified in a water resource plan will not be exceeded as a result of the trade;
(ii) measures are in place to ensure that the water access right to be traded will maintain its characteristics of timing, reliability and volume;
(e) measures are in place to address the impact, as a result of trade, on water availability in relation to a water access right held by a third party.
The trade of a water access right between a groundwater SDL resource unit and a surface water SDL resource unit is prohibited, unless all the following conditions are met:
(b) any resource condition limits in the groundwater SDL resource unit specified in a water resource plan will not be exceeded as a result of the trade;
(ii) measures are in place to ensure that the water access right to be traded will maintain its characteristics of timing, reliability and volume;
(e) measures are in place to address the impact, as a result of trade, on water availability in relation to a water access right held by a third party.
Nothing in this Chapter is to be taken to have the effect that a person may trade a water access right free of a restriction imposed under State water management law because the person has:
(1) For section 12.28, factors to be taken into account in deciding whether a restriction is reasonable include, but are not limited to, the following:
(b) capacity in the parts of the irrigation infrastructure operator’s irrigation network to which water would potentially be delivered under the traded water delivery right;
(c) reconfiguration or decommissioning work in the parts of the irrigation infrastructure operator’s irrigation network to which water would potentially be delivered under the traded water delivery right;
(d) connectivity between specific parts of the irrigation infrastructure operator’s irrigation network relevant to the proposed trade;
(f) the volume of a water delivery right reasonably required to irrigate a person’s property for both current and expected future water use;
(g) the net costs to the irrigation infrastructure operator of assessing and giving effect to the trade of a water delivery right;
(h) the provision of reasonable security to the irrigation infrastructure operator for the payment of fees or charges for access to the operator’s irrigation network by the person acquiring the water delivery right;
(i) whether the proposed trade would result in the water delivery right being held by a person who does not own or occupy land in the area serviced by the irrigation infrastructure operator.
reconfiguration or decommissioning work means activities whereby irrigation networks are closed, rationalised, or otherwise changed, in order to change their capacity or efficiency.
(1) If an irrigation infrastructure operator decides to restrict the trade of a water delivery right within its irrigation network, it must notify each party to the trade in writing of the decision and the reasons for the decision.
12.16 Free trade of surface water
free of any restriction on changing the location at which the water to which the right relates may be taken, and any restriction that is a volumetric limit, other than a restriction that:
(2) For this section, if the boundary between 2 unregulated systems is based solely on the border between 2 Basin States, this section applies as if the 2 unregulated systems were one unregulated system.
12.18 Restrictions allowable for physical or environmental reasons
(2) In this section, hydrologic connections and water supply considerations, in relation to a water access right, means any of the following:
(b) the potential impact, as a result of the trade of a water access right, on water availability in relation to a water access right held by a third party (other than an impact arising solely because of an increase in use of the traded water access right);
Note 2: See clause 5 of the Murray‑Darling Basin Agreement (Adjusting Valley Accounts and State Transfer Accounts) Protocol 2010 for the meaning of state transfer account.
12.19 Basin States to notify the Inspector‑General of restrictions
(1) If a Basin State decides to impose a restriction of a kind referred to in section 12.16, it must notify the Inspector‑General of the decision and the reasons for the decision.
12.20 Basin State may request the Inspector‑General to make declaration
(1) The Inspector‑General must make a written declaration that a restriction of a kind referred to in section 12.16 is necessary because of a reason listed in subsection 12.18(1) if:
(b) the Inspector‑General is satisfied that the restriction is in fact necessary because of a reason listed in subsection 12.18(1).
(2) The Inspector‑General may consult other Basin States, the ACCC, and any other interested parties before making the declaration.
(3) The Inspector‑General must publish the declaration, and the Inspector‑General’s reasons for being satisfied that the restriction is necessary, on the Inspector‑General’s website.
12.21 Exchange rates not to be used in a regulated system
A water access entitlement must not be traded in a regulated system or between regulated systems if an exchange rate is applied to the water access entitlement as a condition of the trade.
12.22 Inspector‑General may permit exchange rates in limited circumstances
(a) the exchange rate is applied as a condition of the trade of a water access entitlement from one location (location A) to another (location B); and
(c) the water access entitlement is to be traded between the 2 locations at the exchange rate specified in the declaration.
(3) The Inspector‑General must make a written declaration permitting the application of a specified exchange rate to trades between 2 specified locations if:
(i) the purpose of the exchange rate is to redress the impact of previous exchange rate trades from location B to location A; and
(ii) the total volume of water access entitlements to be traded from location A to location B using the exchange rate would not exceed the total volume of water access entitlements previously traded to location A from location B using exchange rates.
12.23 Restrictions on delivery of water under a tagged water access entitlement
(a) a restriction has effect on the trade of water allocations between 2 places, each of which is in a regulated system; and
(2) On and after the commencement of item 2 of Schedule 4 to the Water Amendment (Restoring Our Rivers) Act 2023, this section applies to a tagged water access entitlement whenever established.
(4) For this section, a tagged water access entitlement is established once the tag has been approved by all relevant approval authorities.
Subdivision C Additional rules relating to groundwater
(1) A person may trade a water access right free of any condition as to the holding, buying, selling, obtaining, accepting or terminating of a separate location‑related right.
A person may trade a water access right free of any restriction on the trade that relates to the person being, or not being, a member of a particular class of persons.
(1) A person may trade a water access right free of any restriction on the trade that relates to the purpose for which the water relating to that right has been, or will be, used.
(3) This section does not apply to the trade of a water access entitlement designated for an urban water supply activity under State water management law.
A person may take and use water under a water access right free of any restriction arising from the fact that the person acquired the water access right by way of trade.
A person may trade a water access right free of any restriction arising from the fact that water extracted under the right might be transported or used outside the Murray‑Darling Basin.
(1) A person may trade a water allocation free of any restriction arising from the fact that the water allocation was carried over from the previous water accounting period under a carryover arrangement.
(1) A person may participate in a carryover arrangement in relation to a water access right free of any restriction arising from the fact that the person acquired the water access right by way of trade.
A person may trade a water access right within a water resource free of any restriction based on the fact that a water resource is overallocated.
A person may trade a water access right or an irrigation right free of any condition that would require the person to hold, buy, sell, obtain, accept, terminate, or vary the volume or unit share of, a water delivery right.
free of any restriction on changing the location at which the water to which the right relates may be taken, and any restriction that is a volumetric limit, other than a restriction that:
(2) For this section, if the boundary between 2 unregulated systems is based solely on the border between 2 Basin States, this section applies as if the 2 unregulated systems were one unregulated system.
(2) In this section, hydrologic connections and water supply considerations, in relation to a water access right, means any of the following:
(b) the potential impact, as a result of the trade of a water access right, on water availability in relation to a water access right held by a third party (other than an impact arising solely because of an increase in use of the traded water access right);
Note 2: See clause 5 of the Murray‑Darling Basin Agreement (Adjusting Valley Accounts and State Transfer Accounts) Protocol 2010 for the meaning of state transfer account.
(1) If a Basin State decides to impose a restriction of a kind referred to in section 12.16, it must notify the Inspector‑General of the decision and the reasons for the decision.
(1) The Inspector‑General must make a written declaration that a restriction of a kind referred to in section 12.16 is necessary because of a reason listed in subsection 12.18(1) if:
(b) the Inspector‑General is satisfied that the restriction is in fact necessary because of a reason listed in subsection 12.18(1).
(2) The Inspector‑General may consult other Basin States, the ACCC, and any other interested parties before making the declaration.
(3) The Inspector‑General must publish the declaration, and the Inspector‑General’s reasons for being satisfied that the restriction is necessary, on the Inspector‑General’s website.
A water access entitlement must not be traded in a regulated system or between regulated systems if an exchange rate is applied to the water access entitlement as a condition of the trade.
(a) the exchange rate is applied as a condition of the trade of a water access entitlement from one location (location A) to another (location B); and
(c) the water access entitlement is to be traded between the 2 locations at the exchange rate specified in the declaration.
(3) The Inspector‑General must make a written declaration permitting the application of a specified exchange rate to trades between 2 specified locations if:
(i) the purpose of the exchange rate is to redress the impact of previous exchange rate trades from location B to location A; and
(ii) the total volume of water access entitlements to be traded from location A to location B using the exchange rate would not exceed the total volume of water access entitlements previously traded to location A from location B using exchange rates.
(a) a restriction has effect on the trade of water allocations between 2 places, each of which is in a regulated system; and
(2) On and after the commencement of item 2 of Schedule 4 to the Water Amendment (Restoring Our Rivers) Act 2023, this section applies to a tagged water access entitlement whenever established.
(4) For this section, a tagged water access entitlement is established once the tag has been approved by all relevant approval authorities.
The trade of a water access right between 2 locations within a groundwater SDL resource unit is prohibited, unless all the following conditions are met:
(b) any resource condition limits in the SDL resource unit specified in a water resource plan will not be exceeded as a result of the trade;
(i) water access rights in the 2 locations have substantially similar characteristics of timing, reliability and volume; or
(ii) measures are in place to ensure that the water access right to be traded will maintain its characteristics of timing, reliability and volume;
(d) measures are in place to address the impact, as a result of trade, on water availability in relation to a water access right held by a third party.
The trade of a water access right between 2 groundwater SDL resource units is prohibited, unless all the following conditions are met:
(b) any resource condition limits in either unit specified in a water resource plan will not be exceeded as a result of the trade;
(ii) measures are in place to ensure that the water access right to be traded will maintain its characteristics of timing, reliability and volume;
(e) measures are in place to address the impact, as a result of trade, on water availability in relation to a water access right held by a third party.
The trade of a water access right between a groundwater SDL resource unit and a surface water SDL resource unit is prohibited, unless all the following conditions are met:
(b) any resource condition limits in the groundwater SDL resource unit specified in a water resource plan will not be exceeded as a result of the trade;
(ii) measures are in place to ensure that the water access right to be traded will maintain its characteristics of timing, reliability and volume;
(e) measures are in place to address the impact, as a result of trade, on water availability in relation to a water access right held by a third party.
Nothing in this Chapter is to be taken to have the effect that a person may trade a water access right free of a restriction imposed under State water management law because the person has:
(1) For section 12.28, factors to be taken into account in deciding whether a restriction is reasonable include, but are not limited to, the following:
(b) capacity in the parts of the irrigation infrastructure operator’s irrigation network to which water would potentially be delivered under the traded water delivery right;
(c) reconfiguration or decommissioning work in the parts of the irrigation infrastructure operator’s irrigation network to which water would potentially be delivered under the traded water delivery right;
(d) connectivity between specific parts of the irrigation infrastructure operator’s irrigation network relevant to the proposed trade;
(f) the volume of a water delivery right reasonably required to irrigate a person’s property for both current and expected future water use;
(g) the net costs to the irrigation infrastructure operator of assessing and giving effect to the trade of a water delivery right;
(h) the provision of reasonable security to the irrigation infrastructure operator for the payment of fees or charges for access to the operator’s irrigation network by the person acquiring the water delivery right;
(i) whether the proposed trade would result in the water delivery right being held by a person who does not own or occupy land in the area serviced by the irrigation infrastructure operator.
reconfiguration or decommissioning work means activities whereby irrigation networks are closed, rationalised, or otherwise changed, in order to change their capacity or efficiency.
(1) If an irrigation infrastructure operator decides to restrict the trade of a water delivery right within its irrigation network, it must notify each party to the trade in writing of the decision and the reasons for the decision.
12.24 Trade within a groundwater SDL resource unit
The trade of a water access right between 2 locations within a groundwater SDL resource unit is prohibited, unless all the following conditions are met:
(b) any resource condition limits in the SDL resource unit specified in a water resource plan will not be exceeded as a result of the trade;
(i) water access rights in the 2 locations have substantially similar characteristics of timing, reliability and volume; or
(ii) measures are in place to ensure that the water access right to be traded will maintain its characteristics of timing, reliability and volume;
(d) measures are in place to address the impact, as a result of trade, on water availability in relation to a water access right held by a third party.
12.25 Trade between groundwater SDL resource units
The trade of a water access right between 2 groundwater SDL resource units is prohibited, unless all the following conditions are met:
(b) any resource condition limits in either unit specified in a water resource plan will not be exceeded as a result of the trade;
(ii) measures are in place to ensure that the water access right to be traded will maintain its characteristics of timing, reliability and volume;
(e) measures are in place to address the impact, as a result of trade, on water availability in relation to a water access right held by a third party.
12.26 Trade between groundwater and surface water
The trade of a water access right between a groundwater SDL resource unit and a surface water SDL resource unit is prohibited, unless all the following conditions are met:
(b) any resource condition limits in the groundwater SDL resource unit specified in a water resource plan will not be exceeded as a result of the trade;
(ii) measures are in place to ensure that the water access right to be traded will maintain its characteristics of timing, reliability and volume;
(e) measures are in place to address the impact, as a result of trade, on water availability in relation to a water access right held by a third party.
Subdivision D Miscellaneous
(1) A person may trade a water access right free of any condition as to the holding, buying, selling, obtaining, accepting or terminating of a separate location‑related right.
A person may trade a water access right free of any restriction on the trade that relates to the person being, or not being, a member of a particular class of persons.
(1) A person may trade a water access right free of any restriction on the trade that relates to the purpose for which the water relating to that right has been, or will be, used.
(3) This section does not apply to the trade of a water access entitlement designated for an urban water supply activity under State water management law.
A person may take and use water under a water access right free of any restriction arising from the fact that the person acquired the water access right by way of trade.
A person may trade a water access right free of any restriction arising from the fact that water extracted under the right might be transported or used outside the Murray‑Darling Basin.
(1) A person may trade a water allocation free of any restriction arising from the fact that the water allocation was carried over from the previous water accounting period under a carryover arrangement.
(1) A person may participate in a carryover arrangement in relation to a water access right free of any restriction arising from the fact that the person acquired the water access right by way of trade.
A person may trade a water access right within a water resource free of any restriction based on the fact that a water resource is overallocated.
A person may trade a water access right or an irrigation right free of any condition that would require the person to hold, buy, sell, obtain, accept, terminate, or vary the volume or unit share of, a water delivery right.
free of any restriction on changing the location at which the water to which the right relates may be taken, and any restriction that is a volumetric limit, other than a restriction that:
(2) For this section, if the boundary between 2 unregulated systems is based solely on the border between 2 Basin States, this section applies as if the 2 unregulated systems were one unregulated system.
(2) In this section, hydrologic connections and water supply considerations, in relation to a water access right, means any of the following:
(b) the potential impact, as a result of the trade of a water access right, on water availability in relation to a water access right held by a third party (other than an impact arising solely because of an increase in use of the traded water access right);
Note 2: See clause 5 of the Murray‑Darling Basin Agreement (Adjusting Valley Accounts and State Transfer Accounts) Protocol 2010 for the meaning of state transfer account.
(1) If a Basin State decides to impose a restriction of a kind referred to in section 12.16, it must notify the Inspector‑General of the decision and the reasons for the decision.
(1) The Inspector‑General must make a written declaration that a restriction of a kind referred to in section 12.16 is necessary because of a reason listed in subsection 12.18(1) if:
(b) the Inspector‑General is satisfied that the restriction is in fact necessary because of a reason listed in subsection 12.18(1).
(2) The Inspector‑General may consult other Basin States, the ACCC, and any other interested parties before making the declaration.
(3) The Inspector‑General must publish the declaration, and the Inspector‑General’s reasons for being satisfied that the restriction is necessary, on the Inspector‑General’s website.
A water access entitlement must not be traded in a regulated system or between regulated systems if an exchange rate is applied to the water access entitlement as a condition of the trade.
(a) the exchange rate is applied as a condition of the trade of a water access entitlement from one location (location A) to another (location B); and
(c) the water access entitlement is to be traded between the 2 locations at the exchange rate specified in the declaration.
(3) The Inspector‑General must make a written declaration permitting the application of a specified exchange rate to trades between 2 specified locations if:
(i) the purpose of the exchange rate is to redress the impact of previous exchange rate trades from location B to location A; and
(ii) the total volume of water access entitlements to be traded from location A to location B using the exchange rate would not exceed the total volume of water access entitlements previously traded to location A from location B using exchange rates.
(a) a restriction has effect on the trade of water allocations between 2 places, each of which is in a regulated system; and
(2) On and after the commencement of item 2 of Schedule 4 to the Water Amendment (Restoring Our Rivers) Act 2023, this section applies to a tagged water access entitlement whenever established.
(4) For this section, a tagged water access entitlement is established once the tag has been approved by all relevant approval authorities.
The trade of a water access right between 2 locations within a groundwater SDL resource unit is prohibited, unless all the following conditions are met:
(b) any resource condition limits in the SDL resource unit specified in a water resource plan will not be exceeded as a result of the trade;
(i) water access rights in the 2 locations have substantially similar characteristics of timing, reliability and volume; or
(ii) measures are in place to ensure that the water access right to be traded will maintain its characteristics of timing, reliability and volume;
(d) measures are in place to address the impact, as a result of trade, on water availability in relation to a water access right held by a third party.
The trade of a water access right between 2 groundwater SDL resource units is prohibited, unless all the following conditions are met:
(b) any resource condition limits in either unit specified in a water resource plan will not be exceeded as a result of the trade;
(ii) measures are in place to ensure that the water access right to be traded will maintain its characteristics of timing, reliability and volume;
(e) measures are in place to address the impact, as a result of trade, on water availability in relation to a water access right held by a third party.
The trade of a water access right between a groundwater SDL resource unit and a surface water SDL resource unit is prohibited, unless all the following conditions are met:
(b) any resource condition limits in the groundwater SDL resource unit specified in a water resource plan will not be exceeded as a result of the trade;
(ii) measures are in place to ensure that the water access right to be traded will maintain its characteristics of timing, reliability and volume;
(e) measures are in place to address the impact, as a result of trade, on water availability in relation to a water access right held by a third party.
Nothing in this Chapter is to be taken to have the effect that a person may trade a water access right free of a restriction imposed under State water management law because the person has:
(1) For section 12.28, factors to be taken into account in deciding whether a restriction is reasonable include, but are not limited to, the following:
(b) capacity in the parts of the irrigation infrastructure operator’s irrigation network to which water would potentially be delivered under the traded water delivery right;
(c) reconfiguration or decommissioning work in the parts of the irrigation infrastructure operator’s irrigation network to which water would potentially be delivered under the traded water delivery right;
(d) connectivity between specific parts of the irrigation infrastructure operator’s irrigation network relevant to the proposed trade;
(f) the volume of a water delivery right reasonably required to irrigate a person’s property for both current and expected future water use;
(g) the net costs to the irrigation infrastructure operator of assessing and giving effect to the trade of a water delivery right;
(h) the provision of reasonable security to the irrigation infrastructure operator for the payment of fees or charges for access to the operator’s irrigation network by the person acquiring the water delivery right;
(i) whether the proposed trade would result in the water delivery right being held by a person who does not own or occupy land in the area serviced by the irrigation infrastructure operator.
reconfiguration or decommissioning work means activities whereby irrigation networks are closed, rationalised, or otherwise changed, in order to change their capacity or efficiency.
(1) If an irrigation infrastructure operator decides to restrict the trade of a water delivery right within its irrigation network, it must notify each party to the trade in writing of the decision and the reasons for the decision.
12.27 Restrictions allowable for breaches of State water management law
Nothing in this Chapter is to be taken to have the effect that a person may trade a water access right free of a restriction imposed under State water management law because the person has:
Division 2 Trade of water delivery rights
12.28 No unreasonable restriction of trade of water delivery rights
12.29 When restriction of trade is reasonable
(1) For section 12.28, factors to be taken into account in deciding whether a restriction is reasonable include, but are not limited to, the following:
(b) capacity in the parts of the irrigation infrastructure operator’s irrigation network to which water would potentially be delivered under the traded water delivery right;
(c) reconfiguration or decommissioning work in the parts of the irrigation infrastructure operator’s irrigation network to which water would potentially be delivered under the traded water delivery right;
(d) connectivity between specific parts of the irrigation infrastructure operator’s irrigation network relevant to the proposed trade;
(f) the volume of a water delivery right reasonably required to irrigate a person’s property for both current and expected future water use;
(g) the net costs to the irrigation infrastructure operator of assessing and giving effect to the trade of a water delivery right;
(h) the provision of reasonable security to the irrigation infrastructure operator for the payment of fees or charges for access to the operator’s irrigation network by the person acquiring the water delivery right;
(i) whether the proposed trade would result in the water delivery right being held by a person who does not own or occupy land in the area serviced by the irrigation infrastructure operator.
reconfiguration or decommissioning work means activities whereby irrigation networks are closed, rationalised, or otherwise changed, in order to change their capacity or efficiency.
12.30 Irrigation infrastructure operator must give reasons for restricting trade of water delivery right
(1) If an irrigation infrastructure operator decides to restrict the trade of a water delivery right within its irrigation network, it must notify each party to the trade in writing of the decision and the reasons for the decision.
Part 3 Information about water delivery rights and irrigation rights
Part 3—Information about water delivery rights and irrigation rights
The object of this Part is to facilitate the trade of water delivery rights and irrigation rights by making information about the rights available to the holders of those rights.
(c) if the water delivery right relates to a specific part of the irrigation infrastructure operator’s irrigation network—the part of the irrigation network to which the water delivery right relates.
Note: The units applicable to the water delivery right may be expressed, for example, as megalitres (ML), ML/time, percentage or fraction of available capacity.
(b) the terms and conditions of the contract between the irrigation infrastructure operator and the person which are applicable to the water delivery right.
(4) An irrigation infrastructure operator does not need to notify a person of a matter in accordance with this section if:
(1) If an irrigation infrastructure operator decides to change a person’s volume or unit share of water delivery right, it must notify the person in writing of the decision and the reasons for the decision.
(3) An irrigation infrastructure operator does not need to notify a person of a matter in accordance with this section if the person’s volume or unit share of water delivery right changes only to reflect a trade or termination by the person.
(1) An irrigation infrastructure operator must, for each person who holds an irrigation right against it, decide the person’s entitlement to water under their irrigation right.
(3) The irrigation infrastructure operator must notify the person in writing of the decision and the reasons for the decision.
(5) An irrigation infrastructure operator does not need to notify a person of a matter in accordance with this section if:
(1) If an irrigation infrastructure operator decides to change a person’s entitlement to water under an irrigation right, it must notify the person in writing of the decision and the reasons for the decision.
(3) An irrigation infrastructure operator does not need to notify a person of a matter in accordance with this section if the person’s entitlement to water under an irrigation right changes only to reflect a trade or transformation by the person.
Part 3—Information about water delivery rights and irrigation rights
The object of this Part is to facilitate the trade of water delivery rights and irrigation rights by making information about the rights available to the holders of those rights.
(c) if the water delivery right relates to a specific part of the irrigation infrastructure operator’s irrigation network—the part of the irrigation network to which the water delivery right relates.
Note: The units applicable to the water delivery right may be expressed, for example, as megalitres (ML), ML/time, percentage or fraction of available capacity.
(b) the terms and conditions of the contract between the irrigation infrastructure operator and the person which are applicable to the water delivery right.
(4) An irrigation infrastructure operator does not need to notify a person of a matter in accordance with this section if:
(1) If an irrigation infrastructure operator decides to change a person’s volume or unit share of water delivery right, it must notify the person in writing of the decision and the reasons for the decision.
(3) An irrigation infrastructure operator does not need to notify a person of a matter in accordance with this section if the person’s volume or unit share of water delivery right changes only to reflect a trade or termination by the person.
(1) An irrigation infrastructure operator must, for each person who holds an irrigation right against it, decide the person’s entitlement to water under their irrigation right.
(3) The irrigation infrastructure operator must notify the person in writing of the decision and the reasons for the decision.
(5) An irrigation infrastructure operator does not need to notify a person of a matter in accordance with this section if:
(1) If an irrigation infrastructure operator decides to change a person’s entitlement to water under an irrigation right, it must notify the person in writing of the decision and the reasons for the decision.
(3) An irrigation infrastructure operator does not need to notify a person of a matter in accordance with this section if the person’s entitlement to water under an irrigation right changes only to reflect a trade or transformation by the person.
12.31 Object of this Part
The object of this Part is to facilitate the trade of water delivery rights and irrigation rights by making information about the rights available to the holders of those rights.
Division 2 Water delivery rights to be specified by irrigation infrastructure operators
12.32 Obligation on irrigation infrastructure operator to specify water delivery rights and give notice
(c) if the water delivery right relates to a specific part of the irrigation infrastructure operator’s irrigation network—the part of the irrigation network to which the water delivery right relates.
Note: The units applicable to the water delivery right may be expressed, for example, as megalitres (ML), ML/time, percentage or fraction of available capacity.
(b) the terms and conditions of the contract between the irrigation infrastructure operator and the person which are applicable to the water delivery right.
(4) An irrigation infrastructure operator does not need to notify a person of a matter in accordance with this section if:
12.33 Obligation on irrigation infrastructure operator to give notice if water delivery right is changed
(1) If an irrigation infrastructure operator decides to change a person’s volume or unit share of water delivery right, it must notify the person in writing of the decision and the reasons for the decision.
(3) An irrigation infrastructure operator does not need to notify a person of a matter in accordance with this section if the person’s volume or unit share of water delivery right changes only to reflect a trade or termination by the person.
Division 3 Irrigation rights to be specified by irrigation infrastructure operators
12.34 Obligation on irrigation infrastructure operator to specify irrigation rights and give notice
(1) An irrigation infrastructure operator must, for each person who holds an irrigation right against it, decide the person’s entitlement to water under their irrigation right.
(3) The irrigation infrastructure operator must notify the person in writing of the decision and the reasons for the decision.
(5) An irrigation infrastructure operator does not need to notify a person of a matter in accordance with this section if:
12.35 Obligation on irrigation infrastructure operator to give notice if irrigation right is changed
(1) If an irrigation infrastructure operator decides to change a person’s entitlement to water under an irrigation right, it must notify the person in writing of the decision and the reasons for the decision.
(3) An irrigation infrastructure operator does not need to notify a person of a matter in accordance with this section if the person’s entitlement to water under an irrigation right changes only to reflect a trade or transformation by the person.
Part 4 Approval processes for trade of water access rights
The object of this Part is to facilitate the trade of water access rights by making the approval processes involved in trade more open and transparent.
(a) the nature of any legal or equitable interest it, or a related party, has in a water access right which is the subject of the proposed trade; and
(b) the nature of any commercial interest it, or a related party, has in the activities of any water market intermediary involved in the proposed trade.
(3) Subsection (1) does not apply if the interest arises solely from the fact that the approval authority is an agency of a Basin State.
(4) An approval authority is taken to have satisfied the requirements in subsections (1) and (2) if those requirements have been satisfied by a related party of the approval authority, on behalf of the approval authority.
(2) The approval authority must publish the following information on its website as soon as practicable after the trade has been approved:
(1) If an approval authority (the restricting authority) decides to restrict a proposed trade of a water access right, it must, subject to subsection (2), give notice of the decision and the reasons for the decision to each party.
(2) If a party to the proposed trade is an interstate party, the approval authority may instead give the notice to the interstate authority, together with a request that it notify the interstate party on behalf of the restricting authority.
(3) The restricting authority must give the notice as soon as practicable, and in any case within 30 days after the decision.
(5) For this section, if a proposed trade involves a trade of a water access right between the State of the restricting authority and another State:
The object of this Part is to facilitate the trade of water access rights by making the approval processes involved in trade more open and transparent.
(a) the nature of any legal or equitable interest it, or a related party, has in a water access right which is the subject of the proposed trade; and
(b) the nature of any commercial interest it, or a related party, has in the activities of any water market intermediary involved in the proposed trade.
(3) Subsection (1) does not apply if the interest arises solely from the fact that the approval authority is an agency of a Basin State.
(4) An approval authority is taken to have satisfied the requirements in subsections (1) and (2) if those requirements have been satisfied by a related party of the approval authority, on behalf of the approval authority.
(2) The approval authority must publish the following information on its website as soon as practicable after the trade has been approved:
(1) If an approval authority (the restricting authority) decides to restrict a proposed trade of a water access right, it must, subject to subsection (2), give notice of the decision and the reasons for the decision to each party.
(2) If a party to the proposed trade is an interstate party, the approval authority may instead give the notice to the interstate authority, together with a request that it notify the interstate party on behalf of the restricting authority.
(3) The restricting authority must give the notice as soon as practicable, and in any case within 30 days after the decision.
(5) For this section, if a proposed trade involves a trade of a water access right between the State of the restricting authority and another State:
12.36 Object of this Part
The object of this Part is to facilitate the trade of water access rights by making the approval processes involved in trade more open and transparent.
Division 2 Approval authority’s other activities
The object of this Part is to facilitate the trade of water access rights by making the approval processes involved in trade more open and transparent.
(a) the nature of any legal or equitable interest it, or a related party, has in a water access right which is the subject of the proposed trade; and
(b) the nature of any commercial interest it, or a related party, has in the activities of any water market intermediary involved in the proposed trade.
(3) Subsection (1) does not apply if the interest arises solely from the fact that the approval authority is an agency of a Basin State.
(4) An approval authority is taken to have satisfied the requirements in subsections (1) and (2) if those requirements have been satisfied by a related party of the approval authority, on behalf of the approval authority.
(2) The approval authority must publish the following information on its website as soon as practicable after the trade has been approved:
(1) If an approval authority (the restricting authority) decides to restrict a proposed trade of a water access right, it must, subject to subsection (2), give notice of the decision and the reasons for the decision to each party.
(2) If a party to the proposed trade is an interstate party, the approval authority may instead give the notice to the interstate authority, together with a request that it notify the interstate party on behalf of the restricting authority.
(3) The restricting authority must give the notice as soon as practicable, and in any case within 30 days after the decision.
(5) For this section, if a proposed trade involves a trade of a water access right between the State of the restricting authority and another State:
12.37 Approval authority must disclose interest before trade occurs
(a) the nature of any legal or equitable interest it, or a related party, has in a water access right which is the subject of the proposed trade; and
(b) the nature of any commercial interest it, or a related party, has in the activities of any water market intermediary involved in the proposed trade.
(3) Subsection (1) does not apply if the interest arises solely from the fact that the approval authority is an agency of a Basin State.
(4) An approval authority is taken to have satisfied the requirements in subsections (1) and (2) if those requirements have been satisfied by a related party of the approval authority, on behalf of the approval authority.
12.38 Approval authority must disclose if it has been a party to a trade
(2) The approval authority must publish the following information on its website as soon as practicable after the trade has been approved:
12.39 Approval authority to give reasons for restricting trade
(1) If an approval authority (the restricting authority) decides to restrict a proposed trade of a water access right, it must, subject to subsection (2), give notice of the decision and the reasons for the decision to each party.
(2) If a party to the proposed trade is an interstate party, the approval authority may instead give the notice to the interstate authority, together with a request that it notify the interstate party on behalf of the restricting authority.
(3) The restricting authority must give the notice as soon as practicable, and in any case within 30 days after the decision.
(5) For this section, if a proposed trade involves a trade of a water access right between the State of the restricting authority and another State:
Part 5 Information and reporting requirements
The object of this Part is to facilitate the trade of tradeable water rights by making information about the rights publicly available.
(3) The information may be provided electronically by way of a link to an appropriate website, or in any other way determined by the Authority.
(6) However, if the information is changed, the State must give the changed information to the Authority as soon as is practicable, but in any case, no later than the date of effect of the change.
The information the Authority may require in the form determined under subsection 12.43(2), in relation to a class of water access right, is information relating to the following:
(j) the areas from which water access rights of other classes (and any water allocations under such rights) may be traded to the water resource to which the class relates.
(1) A Basin State must give a copy of rules it has made that regulate the trade of tradeable water rights in a compiled form, incorporating any amendments, to the central information point:
(1) If an irrigation infrastructure operator has rules that govern the trade of tradeable water rights within, into, or out of, the irrigation infrastructure operator’s irrigation network, it must document those rules.
(2) This section does not apply to rules that relate to administrative procedures (for example, the payment of fees, the completion of forms, or information that must be supplied by a person applying for a trade).
(3) If a person requests a copy of an irrigation infrastructure operator’s rules, the irrigation infrastructure operator must give a copy of the rules to that person as soon as practicable, but in any case within 30 days after receiving the request.
(4A) If the irrigation infrastructure operator is an operator to which subsection (5) applies, it must also give a copy of the rules to the central information point:
(5) This subsection applies to an irrigation infrastructure operator if the sum of the maximum volume of water from Basin water resources in respect of which the operator provides infrastructure services in relation to:
(a) water access entitlements held by the operator (otherwise than for the purpose of providing infrastructure services to customers who hold water access entitlements to that water); and
(c) water access entitlements held by the owner (not being the operator) of the water service infrastructure operated by the operator;
customer, in relation to an irrigation infrastructure operator, means a person who is entitled to infrastructure services, such as the holder of a water delivery right, from the operator.
infrastructure service means access, or a service provided in relation to access, to water service infrastructure and includes the storage, delivery, drainage and taking of water.
(6) The rules must be made available in such a manner that the current version of the rules is readily ascertainable and accessible.
material effect: a water announcement is taken to have a material effect on the price or value of water access rights if the announcement is reasonably likely to influence persons who commonly acquire water access rights in deciding whether or not to acquire or dispose of such rights.
(ii) can reasonably be expected, if made generally available, to have a material effect on the price or value of water access rights.
(a) take an action mentioned in subsection (3) in relation to any water access right whose price or value could reasonably be expected to be materially affected by the information referred to in subsection (1) if it were to become generally available; or
(1) A relevant agency does not contravene section 12.51 by taking an action mentioned in subsection 12.51(3) at any time merely because of information in the possession of an officer or a member of staff of the agency if:
(a) the decision to take the action was taken on its behalf by a person or persons other than that officer or member of staff; and
(b) it had in operation at that time arrangements that could reasonably be expected to ensure that the information was not communicated to the person or persons who made the decision referred to in paragraph (a) and that no advice with respect to the decision was given to that person or any of those persons by a person in possession of the information; and
The object of this Part is to facilitate the trade of tradeable water rights by making information about the rights publicly available.
(3) The information may be provided electronically by way of a link to an appropriate website, or in any other way determined by the Authority.
(6) However, if the information is changed, the State must give the changed information to the Authority as soon as is practicable, but in any case, no later than the date of effect of the change.
The information the Authority may require in the form determined under subsection 12.43(2), in relation to a class of water access right, is information relating to the following:
(j) the areas from which water access rights of other classes (and any water allocations under such rights) may be traded to the water resource to which the class relates.
(1) A Basin State must give a copy of rules it has made that regulate the trade of tradeable water rights in a compiled form, incorporating any amendments, to the central information point:
(1) If an irrigation infrastructure operator has rules that govern the trade of tradeable water rights within, into, or out of, the irrigation infrastructure operator’s irrigation network, it must document those rules.
(2) This section does not apply to rules that relate to administrative procedures (for example, the payment of fees, the completion of forms, or information that must be supplied by a person applying for a trade).
(3) If a person requests a copy of an irrigation infrastructure operator’s rules, the irrigation infrastructure operator must give a copy of the rules to that person as soon as practicable, but in any case within 30 days after receiving the request.
(4A) If the irrigation infrastructure operator is an operator to which subsection (5) applies, it must also give a copy of the rules to the central information point:
(5) This subsection applies to an irrigation infrastructure operator if the sum of the maximum volume of water from Basin water resources in respect of which the operator provides infrastructure services in relation to:
(a) water access entitlements held by the operator (otherwise than for the purpose of providing infrastructure services to customers who hold water access entitlements to that water); and
(c) water access entitlements held by the owner (not being the operator) of the water service infrastructure operated by the operator;
customer, in relation to an irrigation infrastructure operator, means a person who is entitled to infrastructure services, such as the holder of a water delivery right, from the operator.
infrastructure service means access, or a service provided in relation to access, to water service infrastructure and includes the storage, delivery, drainage and taking of water.
(6) The rules must be made available in such a manner that the current version of the rules is readily ascertainable and accessible.
material effect: a water announcement is taken to have a material effect on the price or value of water access rights if the announcement is reasonably likely to influence persons who commonly acquire water access rights in deciding whether or not to acquire or dispose of such rights.
(ii) can reasonably be expected, if made generally available, to have a material effect on the price or value of water access rights.
(a) take an action mentioned in subsection (3) in relation to any water access right whose price or value could reasonably be expected to be materially affected by the information referred to in subsection (1) if it were to become generally available; or
(1) A relevant agency does not contravene section 12.51 by taking an action mentioned in subsection 12.51(3) at any time merely because of information in the possession of an officer or a member of staff of the agency if:
(a) the decision to take the action was taken on its behalf by a person or persons other than that officer or member of staff; and
(b) it had in operation at that time arrangements that could reasonably be expected to ensure that the information was not communicated to the person or persons who made the decision referred to in paragraph (a) and that no advice with respect to the decision was given to that person or any of those persons by a person in possession of the information; and
12.40 Object of this Part
The object of this Part is to facilitate the trade of tradeable water rights by making information about the rights publicly available.
12.41 Authority to publish information it is given under this Part
Division 2 Information about water access rights
The object of this Part is to facilitate the trade of tradeable water rights by making information about the rights publicly available.
(3) The information may be provided electronically by way of a link to an appropriate website, or in any other way determined by the Authority.
(6) However, if the information is changed, the State must give the changed information to the Authority as soon as is practicable, but in any case, no later than the date of effect of the change.
The information the Authority may require in the form determined under subsection 12.43(2), in relation to a class of water access right, is information relating to the following:
(j) the areas from which water access rights of other classes (and any water allocations under such rights) may be traded to the water resource to which the class relates.
(1) A Basin State must give a copy of rules it has made that regulate the trade of tradeable water rights in a compiled form, incorporating any amendments, to the central information point:
(1) If an irrigation infrastructure operator has rules that govern the trade of tradeable water rights within, into, or out of, the irrigation infrastructure operator’s irrigation network, it must document those rules.
(2) This section does not apply to rules that relate to administrative procedures (for example, the payment of fees, the completion of forms, or information that must be supplied by a person applying for a trade).
(3) If a person requests a copy of an irrigation infrastructure operator’s rules, the irrigation infrastructure operator must give a copy of the rules to that person as soon as practicable, but in any case within 30 days after receiving the request.
(4A) If the irrigation infrastructure operator is an operator to which subsection (5) applies, it must also give a copy of the rules to the central information point:
(5) This subsection applies to an irrigation infrastructure operator if the sum of the maximum volume of water from Basin water resources in respect of which the operator provides infrastructure services in relation to:
(a) water access entitlements held by the operator (otherwise than for the purpose of providing infrastructure services to customers who hold water access entitlements to that water); and
(c) water access entitlements held by the owner (not being the operator) of the water service infrastructure operated by the operator;
customer, in relation to an irrigation infrastructure operator, means a person who is entitled to infrastructure services, such as the holder of a water delivery right, from the operator.
infrastructure service means access, or a service provided in relation to access, to water service infrastructure and includes the storage, delivery, drainage and taking of water.
(6) The rules must be made available in such a manner that the current version of the rules is readily ascertainable and accessible.
material effect: a water announcement is taken to have a material effect on the price or value of water access rights if the announcement is reasonably likely to influence persons who commonly acquire water access rights in deciding whether or not to acquire or dispose of such rights.
(ii) can reasonably be expected, if made generally available, to have a material effect on the price or value of water access rights.
(a) take an action mentioned in subsection (3) in relation to any water access right whose price or value could reasonably be expected to be materially affected by the information referred to in subsection (1) if it were to become generally available; or
(1) A relevant agency does not contravene section 12.51 by taking an action mentioned in subsection 12.51(3) at any time merely because of information in the possession of an officer or a member of staff of the agency if:
(a) the decision to take the action was taken on its behalf by a person or persons other than that officer or member of staff; and
(b) it had in operation at that time arrangements that could reasonably be expected to ensure that the information was not communicated to the person or persons who made the decision referred to in paragraph (a) and that no advice with respect to the decision was given to that person or any of those persons by a person in possession of the information; and
12.42 Water access rights to which this Division applies
12.43 Information about water access rights to be made available
(3) The information may be provided electronically by way of a link to an appropriate website, or in any other way determined by the Authority.
(6) However, if the information is changed, the State must give the changed information to the Authority as soon as is practicable, but in any case, no later than the date of effect of the change.
12.44 Types of information about water access rights
The information the Authority may require in the form determined under subsection 12.43(2), in relation to a class of water access right, is information relating to the following:
(j) the areas from which water access rights of other classes (and any water allocations under such rights) may be traded to the water resource to which the class relates.
Division 3 Trading rules to be made available
The object of this Part is to facilitate the trade of tradeable water rights by making information about the rights publicly available.
(3) The information may be provided electronically by way of a link to an appropriate website, or in any other way determined by the Authority.
(6) However, if the information is changed, the State must give the changed information to the Authority as soon as is practicable, but in any case, no later than the date of effect of the change.
The information the Authority may require in the form determined under subsection 12.43(2), in relation to a class of water access right, is information relating to the following:
(j) the areas from which water access rights of other classes (and any water allocations under such rights) may be traded to the water resource to which the class relates.
(1) A Basin State must give a copy of rules it has made that regulate the trade of tradeable water rights in a compiled form, incorporating any amendments, to the central information point:
(1) If an irrigation infrastructure operator has rules that govern the trade of tradeable water rights within, into, or out of, the irrigation infrastructure operator’s irrigation network, it must document those rules.
(2) This section does not apply to rules that relate to administrative procedures (for example, the payment of fees, the completion of forms, or information that must be supplied by a person applying for a trade).
(3) If a person requests a copy of an irrigation infrastructure operator’s rules, the irrigation infrastructure operator must give a copy of the rules to that person as soon as practicable, but in any case within 30 days after receiving the request.
(4A) If the irrigation infrastructure operator is an operator to which subsection (5) applies, it must also give a copy of the rules to the central information point:
(5) This subsection applies to an irrigation infrastructure operator if the sum of the maximum volume of water from Basin water resources in respect of which the operator provides infrastructure services in relation to:
(a) water access entitlements held by the operator (otherwise than for the purpose of providing infrastructure services to customers who hold water access entitlements to that water); and
(c) water access entitlements held by the owner (not being the operator) of the water service infrastructure operated by the operator;
customer, in relation to an irrigation infrastructure operator, means a person who is entitled to infrastructure services, such as the holder of a water delivery right, from the operator.
infrastructure service means access, or a service provided in relation to access, to water service infrastructure and includes the storage, delivery, drainage and taking of water.
(6) The rules must be made available in such a manner that the current version of the rules is readily ascertainable and accessible.
material effect: a water announcement is taken to have a material effect on the price or value of water access rights if the announcement is reasonably likely to influence persons who commonly acquire water access rights in deciding whether or not to acquire or dispose of such rights.
(ii) can reasonably be expected, if made generally available, to have a material effect on the price or value of water access rights.
(a) take an action mentioned in subsection (3) in relation to any water access right whose price or value could reasonably be expected to be materially affected by the information referred to in subsection (1) if it were to become generally available; or
(1) A relevant agency does not contravene section 12.51 by taking an action mentioned in subsection 12.51(3) at any time merely because of information in the possession of an officer or a member of staff of the agency if:
(a) the decision to take the action was taken on its behalf by a person or persons other than that officer or member of staff; and
(b) it had in operation at that time arrangements that could reasonably be expected to ensure that the information was not communicated to the person or persons who made the decision referred to in paragraph (a) and that no advice with respect to the decision was given to that person or any of those persons by a person in possession of the information; and
12.45 Interpretation
12.46 Basin State must make trading rules available
(1) A Basin State must give a copy of rules it has made that regulate the trade of tradeable water rights in a compiled form, incorporating any amendments, to the central information point:
12.47 Irrigation infrastructure operator must make trading rules available
(1) If an irrigation infrastructure operator has rules that govern the trade of tradeable water rights within, into, or out of, the irrigation infrastructure operator’s irrigation network, it must document those rules.
(2) This section does not apply to rules that relate to administrative procedures (for example, the payment of fees, the completion of forms, or information that must be supplied by a person applying for a trade).
(3) If a person requests a copy of an irrigation infrastructure operator’s rules, the irrigation infrastructure operator must give a copy of the rules to that person as soon as practicable, but in any case within 30 days after receiving the request.
(4A) If the irrigation infrastructure operator is an operator to which subsection (5) applies, it must also give a copy of the rules to the central information point:
(5) This subsection applies to an irrigation infrastructure operator if the sum of the maximum volume of water from Basin water resources in respect of which the operator provides infrastructure services in relation to:
(a) water access entitlements held by the operator (otherwise than for the purpose of providing infrastructure services to customers who hold water access entitlements to that water); and
(c) water access entitlements held by the owner (not being the operator) of the water service infrastructure operated by the operator;
customer, in relation to an irrigation infrastructure operator, means a person who is entitled to infrastructure services, such as the holder of a water delivery right, from the operator.
infrastructure service means access, or a service provided in relation to access, to water service infrastructure and includes the storage, delivery, drainage and taking of water.
(6) The rules must be made available in such a manner that the current version of the rules is readily ascertainable and accessible.
Division 5 Information to be made available
The object of this Part is to facilitate the trade of tradeable water rights by making information about the rights publicly available.
(3) The information may be provided electronically by way of a link to an appropriate website, or in any other way determined by the Authority.
(6) However, if the information is changed, the State must give the changed information to the Authority as soon as is practicable, but in any case, no later than the date of effect of the change.
The information the Authority may require in the form determined under subsection 12.43(2), in relation to a class of water access right, is information relating to the following:
(j) the areas from which water access rights of other classes (and any water allocations under such rights) may be traded to the water resource to which the class relates.
(1) A Basin State must give a copy of rules it has made that regulate the trade of tradeable water rights in a compiled form, incorporating any amendments, to the central information point:
(1) If an irrigation infrastructure operator has rules that govern the trade of tradeable water rights within, into, or out of, the irrigation infrastructure operator’s irrigation network, it must document those rules.
(2) This section does not apply to rules that relate to administrative procedures (for example, the payment of fees, the completion of forms, or information that must be supplied by a person applying for a trade).
(3) If a person requests a copy of an irrigation infrastructure operator’s rules, the irrigation infrastructure operator must give a copy of the rules to that person as soon as practicable, but in any case within 30 days after receiving the request.
(4A) If the irrigation infrastructure operator is an operator to which subsection (5) applies, it must also give a copy of the rules to the central information point:
(5) This subsection applies to an irrigation infrastructure operator if the sum of the maximum volume of water from Basin water resources in respect of which the operator provides infrastructure services in relation to:
(a) water access entitlements held by the operator (otherwise than for the purpose of providing infrastructure services to customers who hold water access entitlements to that water); and
(c) water access entitlements held by the owner (not being the operator) of the water service infrastructure operated by the operator;
customer, in relation to an irrigation infrastructure operator, means a person who is entitled to infrastructure services, such as the holder of a water delivery right, from the operator.
infrastructure service means access, or a service provided in relation to access, to water service infrastructure and includes the storage, delivery, drainage and taking of water.
(6) The rules must be made available in such a manner that the current version of the rules is readily ascertainable and accessible.
material effect: a water announcement is taken to have a material effect on the price or value of water access rights if the announcement is reasonably likely to influence persons who commonly acquire water access rights in deciding whether or not to acquire or dispose of such rights.
(ii) can reasonably be expected, if made generally available, to have a material effect on the price or value of water access rights.
(a) take an action mentioned in subsection (3) in relation to any water access right whose price or value could reasonably be expected to be materially affected by the information referred to in subsection (1) if it were to become generally available; or
(1) A relevant agency does not contravene section 12.51 by taking an action mentioned in subsection 12.51(3) at any time merely because of information in the possession of an officer or a member of staff of the agency if:
(a) the decision to take the action was taken on its behalf by a person or persons other than that officer or member of staff; and
(b) it had in operation at that time arrangements that could reasonably be expected to ensure that the information was not communicated to the person or persons who made the decision referred to in paragraph (a) and that no advice with respect to the decision was given to that person or any of those persons by a person in possession of the information; and
12.49 Interpretation
The object of this Part is to facilitate the trade of tradeable water rights by making information about the rights publicly available.
(3) The information may be provided electronically by way of a link to an appropriate website, or in any other way determined by the Authority.
(6) However, if the information is changed, the State must give the changed information to the Authority as soon as is practicable, but in any case, no later than the date of effect of the change.
The information the Authority may require in the form determined under subsection 12.43(2), in relation to a class of water access right, is information relating to the following:
(j) the areas from which water access rights of other classes (and any water allocations under such rights) may be traded to the water resource to which the class relates.
(1) A Basin State must give a copy of rules it has made that regulate the trade of tradeable water rights in a compiled form, incorporating any amendments, to the central information point:
(1) If an irrigation infrastructure operator has rules that govern the trade of tradeable water rights within, into, or out of, the irrigation infrastructure operator’s irrigation network, it must document those rules.
(2) This section does not apply to rules that relate to administrative procedures (for example, the payment of fees, the completion of forms, or information that must be supplied by a person applying for a trade).
(3) If a person requests a copy of an irrigation infrastructure operator’s rules, the irrigation infrastructure operator must give a copy of the rules to that person as soon as practicable, but in any case within 30 days after receiving the request.
(4A) If the irrigation infrastructure operator is an operator to which subsection (5) applies, it must also give a copy of the rules to the central information point:
(5) This subsection applies to an irrigation infrastructure operator if the sum of the maximum volume of water from Basin water resources in respect of which the operator provides infrastructure services in relation to:
(a) water access entitlements held by the operator (otherwise than for the purpose of providing infrastructure services to customers who hold water access entitlements to that water); and
(c) water access entitlements held by the owner (not being the operator) of the water service infrastructure operated by the operator;
customer, in relation to an irrigation infrastructure operator, means a person who is entitled to infrastructure services, such as the holder of a water delivery right, from the operator.
infrastructure service means access, or a service provided in relation to access, to water service infrastructure and includes the storage, delivery, drainage and taking of water.
(6) The rules must be made available in such a manner that the current version of the rules is readily ascertainable and accessible.
material effect: a water announcement is taken to have a material effect on the price or value of water access rights if the announcement is reasonably likely to influence persons who commonly acquire water access rights in deciding whether or not to acquire or dispose of such rights.
(ii) can reasonably be expected, if made generally available, to have a material effect on the price or value of water access rights.
(a) take an action mentioned in subsection (3) in relation to any water access right whose price or value could reasonably be expected to be materially affected by the information referred to in subsection (1) if it were to become generally available; or
(1) A relevant agency does not contravene section 12.51 by taking an action mentioned in subsection 12.51(3) at any time merely because of information in the possession of an officer or a member of staff of the agency if:
(a) the decision to take the action was taken on its behalf by a person or persons other than that officer or member of staff; and
(b) it had in operation at that time arrangements that could reasonably be expected to ensure that the information was not communicated to the person or persons who made the decision referred to in paragraph (a) and that no advice with respect to the decision was given to that person or any of those persons by a person in possession of the information; and
Meaning of material effect Meaning of material effect
material effect: a water announcement is taken to have a material effect on the price or value of water access rights if the announcement is reasonably likely to influence persons who commonly acquire water access rights in deciding whether or not to acquire or dispose of such rights.
Meaning of water announcement Meaning of water announcement
(ii) can reasonably be expected, if made generally available, to have a material effect on the price or value of water access rights.
12.50 Water announcements must be made generally available
12.51 Person not to trade if aware of water announcement before it is made generally available
(a) take an action mentioned in subsection (3) in relation to any water access right whose price or value could reasonably be expected to be materially affected by the information referred to in subsection (1) if it were to become generally available; or
12.52 Chinese wall arrangements for agencies
(1) A relevant agency does not contravene section 12.51 by taking an action mentioned in subsection 12.51(3) at any time merely because of information in the possession of an officer or a member of staff of the agency if:
(a) the decision to take the action was taken on its behalf by a person or persons other than that officer or member of staff; and
(b) it had in operation at that time arrangements that could reasonably be expected to ensure that the information was not communicated to the person or persons who made the decision referred to in paragraph (a) and that no advice with respect to the decision was given to that person or any of those persons by a person in possession of the information; and
Part Part 12 - Basin Plan 2012 - Water trading rules | Zoe