sec.77CBundled agreement—mixed rights

### sec.77C Bundled agreement—mixed rights This section applies if— the agreement is a bundled agreement; and a term of the agreement gives a right to the local government; and the right relates, or may relate, to— a water aspect; and another matter. The right may be discharged only by the discharging of it to the local government. The term requires another party to the agreement to give the local government security for the general performance of that party’s liabilities under the agreement. The term does not provide for any particular amount for water aspects. The security must be given to the local government. Only the local government may enforce the right. The term requires another party to the agreement to construct infrastructure to a particular standard. The standard is capable of applying to the water infrastructure and to other types of infrastructure. Only the local government may enforce the requirement. However, the local government must, at the distributor-retailer’s request, enforce the right to the extent it relates to water aspects. For any enforcement by the local government under subsection (3) , any cost, damage or loss of the distributor-retailer relating to water aspects is taken to be a cost, damage or loss of the local government. s 77C ins 2010 No. 20 s 16 (sec.77C-ssec.1) This section applies if— the agreement is a bundled agreement; and a term of the agreement gives a right to the local government; and the right relates, or may relate, to— a water aspect; and another matter. (sec.77C-ssec.2) The right may be discharged only by the discharging of it to the local government. The term requires another party to the agreement to give the local government security for the general performance of that party’s liabilities under the agreement. The term does not provide for any particular amount for water aspects. The security must be given to the local government. (sec.77C-ssec.3) Only the local government may enforce the right. The term requires another party to the agreement to construct infrastructure to a particular standard. The standard is capable of applying to the water infrastructure and to other types of infrastructure. Only the local government may enforce the requirement. (sec.77C-ssec.4) However, the local government must, at the distributor-retailer’s request, enforce the right to the extent it relates to water aspects. (sec.77C-ssec.5) For any enforcement by the local government under subsection (3) , any cost, damage or loss of the distributor-retailer relating to water aspects is taken to be a cost, damage or loss of the local government. - (a) the agreement is a bundled agreement; and - (b) a term of the agreement gives a right to the local government; and - (c) the right relates, or may relate, to— (i) a water aspect; and (ii) another matter. - (i) a water aspect; and - (ii) another matter. - (i) a water aspect; and - (ii) another matter.