sec.99BZDCompensation by local governments for particular matters

### sec.99BZD Compensation by local governments for particular matters This section applies if a participating local government (the council ) of a distributor-retailer adopts, does or makes any of the following (the triggering event )— an individual direction; a change, during the capped prices period, to a subsidy or rebate for users of water services or wastewater services; an action or decision of a type prescribed under a regulation. The council has a liability to compensate (the compensation liability ) the distributor-retailer and its other participating local governments (each a claimant ) for any direct and reasonably anticipated financial detriment they will or may suffer because of the triggering event’s effects. However, the compensation liability does not apply for a type of detriment prescribed under a regulation. The council and each claimant must make reasonable endeavours to negotiate in good faith to reach an agreement about the amount, if any, of the compensation liability. However, the agreement can not do, or have the effect of— changing participation rights without approval under section 29 ; or anything else prescribed under a regulation. A regulation may provide for all or any of the following about the compensation liability— the period within which it can be claimed; how it may be claimed; how any amount for the liability may or must be paid; dispute resolution if it is not provided for under the distributor-retailer’s participation agreement. s 99BZD ins 2012 No. 1 s 70 amd 2012 No. 39 s 15 (sec.99BZD-ssec.1) This section applies if a participating local government (the council ) of a distributor-retailer adopts, does or makes any of the following (the triggering event )— an individual direction; a change, during the capped prices period, to a subsidy or rebate for users of water services or wastewater services; an action or decision of a type prescribed under a regulation. (sec.99BZD-ssec.2) The council has a liability to compensate (the compensation liability ) the distributor-retailer and its other participating local governments (each a claimant ) for any direct and reasonably anticipated financial detriment they will or may suffer because of the triggering event’s effects. (sec.99BZD-ssec.3) However, the compensation liability does not apply for a type of detriment prescribed under a regulation. (sec.99BZD-ssec.4) The council and each claimant must make reasonable endeavours to negotiate in good faith to reach an agreement about the amount, if any, of the compensation liability. (sec.99BZD-ssec.5) However, the agreement can not do, or have the effect of— changing participation rights without approval under section 29 ; or anything else prescribed under a regulation. (sec.99BZD-ssec.6) A regulation may provide for all or any of the following about the compensation liability— the period within which it can be claimed; how it may be claimed; how any amount for the liability may or must be paid; dispute resolution if it is not provided for under the distributor-retailer’s participation agreement. - (a) an individual direction; - (b) a change, during the capped prices period, to a subsidy or rebate for users of water services or wastewater services; - (c) an action or decision of a type prescribed under a regulation. - (a) changing participation rights without approval under section 29 ; or - (b) anything else prescribed under a regulation. - (a) the period within which it can be claimed; - (b) how it may be claimed; - (c) how any amount for the liability may or must be paid; - (d) dispute resolution if it is not provided for under the distributor-retailer’s participation agreement.