sec.738JBDrainage contracts

### sec.738JB Drainage contracts Before the transfer day for a declared channel scheme, the irrigation entity for the scheme must prepare a document (the drainage services document ) that sets out— the arrangements for drainage services provided by SunWater in the area of the declared channel scheme; and the financial obligations, arising from the arrangements, of a person to whom drainage services are provided but who will not, on the transfer day for the scheme, become the holder of a water allocation the subject of a supply contract under section 738I (a drainage services customer ). The drainage services document must fairly represent the arrangements for drainage services and financial obligations as in place before the transfer day. The drainage services 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 drainage services customers after the transfer day. The irrigation entity must, before the transfer day, publish the drainage services document on the irrigation entity’s website. On the transfer day, the drainage services document has effect as a contract (the drainage services contract ), relating to the provision of drainage services between— the irrigation entity; and each drainage services customer. The drainage services contract applying to a drainage services customer has effect subject to any change agreed to by the irrigation entity and the drainage services customer. s 738JB ins 2017 No. 2 s 4 exp 1 July 2027 (see s 738ZJ) AIA s 20A applies (see s 738ZK) (sec.738JB-ssec.1) Before the transfer day for a declared channel scheme, the irrigation entity for the scheme must prepare a document (the drainage services document ) that sets out— the arrangements for drainage services provided by SunWater in the area of the declared channel scheme; and the financial obligations, arising from the arrangements, of a person to whom drainage services are provided but who will not, on the transfer day for the scheme, become the holder of a water allocation the subject of a supply contract under section 738I (a drainage services customer ). (sec.738JB-ssec.2) The drainage services document must fairly represent the arrangements for drainage services and financial obligations as in place before the transfer day. (sec.738JB-ssec.3) The drainage services 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 drainage services customers after the transfer day. (sec.738JB-ssec.4) The irrigation entity must, before the transfer day, publish the drainage services document on the irrigation entity’s website. (sec.738JB-ssec.5) On the transfer day, the drainage services document has effect as a contract (the drainage services contract ), relating to the provision of drainage services between— the irrigation entity; and each drainage services customer. (sec.738JB-ssec.6) The drainage services contract applying to a drainage services customer has effect subject to any change agreed to by the irrigation entity and the drainage services customer. - (a) the arrangements for drainage services provided by SunWater in the area of the declared channel scheme; and - (b) the financial obligations, arising from the arrangements, of a person to whom drainage services are provided but who will not, on the transfer day for the scheme, become the holder of a water allocation the subject of a supply contract under section 738I (a drainage services customer ). - (a) the irrigation entity; and - (b) each drainage services customer.