sec.738JABulk water contracts

### sec.738JA Bulk water contracts Before the transfer day for a declared channel scheme, SunWater must prepare a document (the SunWater document ) that sets out— the arrangements for bulk water for irrigation services 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 irrigation services are supplied. The SunWater 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 SunWater 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. SunWater must, before the transfer day, publish the SunWater document on SunWater’s website. On the transfer day, the SunWater document has effect as a contract (the bulk water contract ), relating to the supply of bulk water for irrigation services under the ROL between— SunWater; and the holder of each water allocation to whom irrigation services— were supplied under the ROL immediately before the transfer day; and continue to be supplied by SunWater. Subsection (7) applies if— a new water allocation in the area of the declared channel scheme 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 ROL; and a document, in the form of a contract, is held by SunWater as a document available for public access on SunWater’s website; and the document relates to the supply of bulk water for irrigation services under the ROL 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 bulk water contract ) between— SunWater; and the holder of the new water allocation. The bulk water contract applying to a water allocation has effect subject to any change agreed to by SunWater and the holder of the water allocation. If the holder of a water allocation the subject of a bulk water contract transfers or leases the water allocation to another person, the other person is bound by the bulk water contract as in force between SunWater and the holder immediately before the transfer or lease. s 738JA ins 2017 No. 2 s 4 exp 1 July 2027 (see s 738ZJ) AIA s 20A applies (see s 738ZK) (sec.738JA-ssec.1) Before the transfer day for a declared channel scheme, SunWater must prepare a document (the SunWater document ) that sets out— the arrangements for bulk water for irrigation services 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 irrigation services are supplied. (sec.738JA-ssec.2) The SunWater 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.738JA-ssec.3) The SunWater 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.738JA-ssec.4) SunWater must, before the transfer day, publish the SunWater document on SunWater’s website. (sec.738JA-ssec.5) On the transfer day, the SunWater document has effect as a contract (the bulk water contract ), relating to the supply of bulk water for irrigation services under the ROL between— SunWater; and the holder of each water allocation to whom irrigation services— were supplied under the ROL immediately before the transfer day; and continue to be supplied by SunWater. (sec.738JA-ssec.6) Subsection (7) applies if— a new water allocation in the area of the declared channel scheme 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 ROL; and a document, in the form of a contract, is held by SunWater as a document available for public access on SunWater’s website; and the document relates to the supply of bulk water for irrigation services under the ROL to the holders of water allocations that are similar in type to the new water allocation. (sec.738JA-ssec.7) The document has effect as a contract (also a bulk water contract ) between— SunWater; and the holder of the new water allocation. (sec.738JA-ssec.8) The bulk water contract applying to a water allocation has effect subject to any change agreed to by SunWater and the holder of the water allocation. (sec.738JA-ssec.9) If the holder of a water allocation the subject of a bulk water contract transfers or leases the water allocation to another person, the other person is bound by the bulk water contract as in force between SunWater and the holder immediately before the transfer or lease. - (a) the arrangements for bulk water for irrigation services 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 irrigation services are supplied. - (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) SunWater; and - (b) the holder of each water allocation to whom irrigation services— (i) were supplied under the ROL immediately before the transfer day; and (ii) continue to be supplied by SunWater. - (i) were supplied under the ROL immediately before the transfer day; and - (ii) continue to be supplied by SunWater. - (i) were supplied under the ROL immediately before the transfer day; and - (ii) continue to be supplied by SunWater. - (a) a new water allocation in the area of the declared channel scheme 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 ROL; and - (c) a document, in the form of a contract, is held by SunWater as a document available for public access on SunWater’s website; and - (d) the document relates to the supply of bulk water for irrigation services under the ROL to the holders of water allocations that are similar in type to the new water allocation. - (a) SunWater; and - (b) the holder of the new water allocation.