sec.738ISupply contracts applying for particular water allocations

### sec.738I Supply contracts applying for particular water allocations Before the transfer day for a declared channel scheme, the irrigation entity for the scheme must prepare a document (the irrigation entity document ) that sets out— the arrangements for water supplied under the resource operations licence (the ROL ) by SunWater in the area of the declared channel scheme; and the financial obligations, arising from the arrangements, of the holder of any water allocation to whom water is supplied under the ROL. The irrigation entity document must— be based on the standard supply contract applying to SunWater and the holders of the water allocations; and fairly represent the supply arrangements and financial obligations as in place before the transfer day. The irrigation entity document may include additional provisions to facilitate implementing the arrangements and meeting the obligations, but the additional provisions must not be capable of operating to the detriment, in substance, of the holder of a water allocation after the transfer day. The irrigation entity must, before the transfer day, publish the irrigation entity document on the irrigation entity’s website. On the transfer day, the irrigation entity document has effect as a contract (the supply contract ), relating to the supply of water under the distribution operations licence (the DOL ) held by the irrigation entity, between— the irrigation entity for the scheme; and the holder of each water allocation to whom water— was supplied under the ROL immediately before the transfer day; and continues to be supplied under the DOL. Subsection (7) applies if— a new water allocation comes into existence after the transfer day; and water is or is to be supplied to the holder of the new water allocation under the DOL; and a document, in the form of a contract, is held by the irrigation entity as a document available for public access on the irrigation entity’s website; and the document relates to the supply of water under the DOL to the holders of water allocations that are similar in type to the new water allocation. The document has effect as a contract (also a supply contract ) between— the irrigation entity; and the holder of the new water allocation. The supply contract applying to a water allocation has effect subject to any change agreed to by the irrigation entity and the holder of the water allocation. If the holder of a water allocation the subject of a supply contract transfers or leases the water allocation to another person, the other person is bound by the supply contract as in force between the irrigation entity and the holder immediately before the transfer or lease. s 738I ins 2017 No. 2 s 4 exp 1 July 2027 (see s 738ZJ) AIA s 20A applies (see s 738ZK) (sec.738I-ssec.1) Before the transfer day for a declared channel scheme, the irrigation entity for the scheme must prepare a document (the irrigation entity document ) that sets out— the arrangements for water supplied under the resource operations licence (the ROL ) by SunWater in the area of the declared channel scheme; and the financial obligations, arising from the arrangements, of the holder of any water allocation to whom water is supplied under the ROL. (sec.738I-ssec.2) The irrigation entity document must— be based on the standard supply contract applying to SunWater and the holders of the water allocations; and fairly represent the supply arrangements and financial obligations as in place before the transfer day. (sec.738I-ssec.3) The irrigation entity document may include additional provisions to facilitate implementing the arrangements and meeting the obligations, but the additional provisions must not be capable of operating to the detriment, in substance, of the holder of a water allocation after the transfer day. (sec.738I-ssec.4) The irrigation entity must, before the transfer day, publish the irrigation entity document on the irrigation entity’s website. (sec.738I-ssec.5) On the transfer day, the irrigation entity document has effect as a contract (the supply contract ), relating to the supply of water under the distribution operations licence (the DOL ) held by the irrigation entity, between— the irrigation entity for the scheme; and the holder of each water allocation to whom water— was supplied under the ROL immediately before the transfer day; and continues to be supplied under the DOL. (sec.738I-ssec.6) Subsection (7) applies if— a new water allocation comes into existence after the transfer day; and water is or is to be supplied to the holder of the new water allocation under the DOL; and a document, in the form of a contract, is held by the irrigation entity as a document available for public access on the irrigation entity’s website; and the document relates to the supply of water under the DOL to the holders of water allocations that are similar in type to the new water allocation. (sec.738I-ssec.7) The document has effect as a contract (also a supply contract ) between— the irrigation entity; and the holder of the new water allocation. (sec.738I-ssec.8) The supply contract applying to a water allocation has effect subject to any change agreed to by the irrigation entity and the holder of the water allocation. (sec.738I-ssec.9) If the holder of a water allocation the subject of a supply contract transfers or leases the water allocation to another person, the other person is bound by the supply contract as in force between the irrigation entity and the holder immediately before the transfer or lease. - (a) the arrangements for water supplied under the resource operations licence (the ROL ) by SunWater in the area of the declared channel scheme; and - (b) the financial obligations, arising from the arrangements, of the holder of any water allocation to whom water is supplied under the ROL. - (a) be based on the standard supply contract applying to SunWater and the holders of the water allocations; and - (b) fairly represent the supply arrangements and financial obligations as in place before the transfer day. - (a) the irrigation entity for the scheme; and - (b) the holder of each water allocation to whom water— (i) was supplied under the ROL immediately before the transfer day; and (ii) continues to be supplied under the DOL. - (i) was supplied under the ROL immediately before the transfer day; and - (ii) continues to be supplied under the DOL. - (i) was supplied under the ROL immediately before the transfer day; and - (ii) continues to be supplied under the DOL. - (a) a new water allocation comes into existence after the transfer day; and - (b) water is or is to be supplied to the holder of the new water allocation under the DOL; and - (c) a document, in the form of a contract, is held by the irrigation entity as a document available for public access on the irrigation entity’s website; and - (d) the document relates to the supply of water under the DOL to the holders of water allocations that are similar in type to the new water allocation. - (a) the irrigation entity; and - (b) the holder of the new water allocation.