Part 1
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Commonwealth legislation
The Water Charge Rules 2010 establish price controls and transparency for water infrastructure operators in the Murray–Darling Basin and similar systems, requiring public schedules of charges and ACCC approval for larger or member‑owned operators under tailored processes.
They protect customers by limiting termination fees, restricting pass‑throughs and discrimination, and ensure charges reflect efficient costs—affecting irrigation companies, farmers, water users and the ACCC’s economic regulation.
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Direct links to the current provisions in Water Charge Rules 2010.
These Rules are the Water Charge Rules 2010.
(1) In these Rules, unless the contrary intention appears:
Act means the Water Act 2007.
additional termination fee: see subrule 71(4).
aggregate revenue requirement, in relation to infrastructure services provided by a Part 6 operator, means the sum of revenue from infrastructure charges and government contributions that was forecast for the regulatory period at the time that the ACCC made the initial determination or approval of the charges under rule 29.
application period, in relation to a Part 7 operator, means the period commencing:
(a) on 12 January 2011; or
(b) on the day on which the operator becomes a Part 7 operator—
whichever is the later, and ending: (c) 3 months after that date or day, as the case requires; or (d) if the operator makes an application to the ACCC under rule 46 during that period of 3 months—when the ACCC approves or determines the infrastructure charges set out in the application.
business day does not include a Saturday or a Sunday and:
(a) in relation to an obligation of an infrastructure operator, does not include a day that is a public holiday in the place where the operator’s principal place of business is situated;
(b) in relation to the ACCC, does not include a day that is a public holiday in the Australian Capital Territory.
charge application period:
(a) for a charge set out in a schedule of charges adopted by an infrastructure operator, in accordance with rule 11—see subrule 11(2);
(b) for a charge set out in a schedule of charges adopted by a person other than an infrastructure operator, in accordance with rule 12—see subrule 12(2).
contract includes agreement.
customer, in relation to an infrastructure operator, means a person who is entitled to infrastructure services, such as the holder of a water delivery right, from the operator.
discount includes bonus, rebate and allowance.
first regulatory period, for a Part 6 operator: see subrule 24A(3).
general termination fee: see subrule 71(4).
information request: see subrule 74(4).
infrastructure charge means a charge of a kind referred to in paragraph 91(1)(a), (b) or (d) of the Act other than:
(a) a fee to which rule 13 of the Water Market Rules 2009 applies; or
(b) a termination fee.
infrastructure service means access, or a service provided in relation to access, to water service infrastructure and includes the storage, delivery, drainage and taking of water.
levy includes impose or demand or cause to be imposed or demanded.
managed water resources means all water resources that are—
(a) Basin water resources;
(b) water resources (not being Basin water resources) in a referring State, or part of a referring State, if—
(i) a law of the referring State provides that section 100B of the Act applies to the State, or that part of the State; and
(ii) the regulations under the Act provide that section 100B of the Act applies to the State, or that part of the State;
(c) water resources (not being Basin water resources) in the Northern Territory, or a part of the Northern Territory, if—
(i) a law of the Northern Territory provides that section 100B of the Act applies to the Territory, or that part of the Territory; and
(ii) the regulations provide that section 100B of the Act applies to the Northern Territory, or that part of the Northern Territory—
but does not include water resources that are prescribed for the purposes of paragraph 100B(3)(a) of the Act.
member owned operator has the meaning given by rule 5.
Part 6 operator: see rule 23.
Part 7 operator: see rule 45.
planning and management charge means a charge of the kind referred to in paragraph 91(1)(c) of the Act that is determined by or on behalf of an agency of the Commonwealth or an agency of a State excluding charges determined by a local government body.
regulatory asset base means the value determined in accordance with Schedule 2.
regulatory event means:
(a) a change to the regulatory requirements imposed on an infrastructure operator relating to the provision of an infrastructure service; or
(b) the determination or approval by the ACCC or by an agency of a State under a law of the State of regulated water charges incurred by an infrastructure operator;
but does not include a requirement to pay a fine, penalty or compensation in relation to a breach of any law.
regulatory period, for a Part 6 operator, means the first regulatory period or a subsequent regulatory period, where:
(a) the first regulatory period for the operator begins on the regulatory start date for the operator; and
(b) each subsequent regulatory period begins when the previous one ends; and
(c) the length of a regulatory period is:
(i) if the ACCC has set a length for the period under rule 24—that length; or
(ii) otherwise—3 years.
Note 1: If the operator ceases to be a Part 6 operator, the operator continues to be treated as one for the remainder of its current regulatory period, but has no further regulatory periods—see rule 23D.
Note 2: See the transition provision in rule 81 for the regulatory period for an infrastructure operator that was a Part 6 operator immediately before 1 July 2020.
regulatory start date:
(a) for a Part 6 operator—see subrule 23C(11); or
(b) for a Part 7 operator—see subrule 45(1B).
Note 1: The regulatory start date for a Part 6 operator is the date from which Divisions 2, 3 and 4 of Part 6 will apply to the operator. See also subrule 30(2).
Note 2: The regulatory start date for a Part 7 operator is the date from which Division 2 of Part 7 will apply to the operator.
related customer, in relation to an infrastructure operator, has the meaning given by rule 6.
relevant tax means any tax payable by an infrastructure operator, other than:
(a) income tax and capital gains tax; or
(b) stamp duty, financial institutions duty and bank accounts debts tax; or
(c) penalties, charges, fees and interest on late payments, or deficiencies in payments, relating to any tax; or
(d) any tax that replaces or is the equivalent of or similar to any of the taxes referred to in paragraphs (a) to (c) (including any State equivalent tax).
right of access means a right of access to an infrastructure operator’s water service infrastructure or to services provided in relation to that right or a part of that right, including a water delivery right and a right to the drainage of water through that infrastructure.
schedule of charges means:
(a) for an infrastructure operator—a schedule of charges adopted under subrule 11(1); or
(b) for a person other than an infrastructure operator—a schedule of charges adopted under subrule 12(1).
State Agency means an agency of a State within the meaning of paragraph (c) of the definition of agency of a State in the Act.
taxation event: an event that consists of:
(a) a change in a relevant tax, in the application or official interpretation of a relevant tax, in the rate of a relevant tax, or in the way a relevant tax is calculated; or
(b) the removal of a relevant tax; or
(c) the imposition of a relevant tax;
is a taxation event for an infrastructure operator if, as a consequence, the costs to the service provider of providing an infrastructure service are increased or decreased.
terminating customer means:
(a) a customer who terminates or surrenders the whole or a part of a right of access by notice in writing given to the infrastructure operator; or
(b) a customer whose right of access is terminated by the infrastructure operator:
(i) by notice in writing given in accordance with the contract or arrangement applicable to that right; and
(ii) on grounds that the customer is in breach of their obligations under the contract or arrangement.
termination fee: see rule 71.
termination information statement: see subrule 74(5).
trade has the same meaning as in the Basin Plan 2012.
Note: See subsections 1.07(2) and (3) of the Basin Plan 2012.
Note 1: Section 146 of the Act provides that if the words ‘civil penalty’ and one or more amounts in penalty units (for example, ‘Civil Penalty: 200 penalty units’) are set out at the foot of a provision in the rules, the provision is a civil penalty provision for the purposes of the Act (see Division 4 of Part 8 of the Act).
Note: Subsection 147(3) of the Act provides that the pecuniary penalty for a contravention of a civil penalty provision must not exceed:
(a) if the wrongdoer is an individual—the relevant amount specified for the civil penalty provision; or
(b) otherwise—an amount equal to 5 times the amount of the relevant amount specified for the civil penalty provision.
Note 2: Penalty unit is defined in section 4AA of the Crimes Act 1914.
(2) A reference in these Rules to a water access entitlement includes a reference to a perpetual or ongoing entitlement, by or under a law of a State, to a share of the Basin water resources as if the entitlement were a water access entitlement. (3) In these Rules, where an infrastructure operator is required to give a copy of a document, such as its schedule of charges, to its customers: (a) the relevant document may be given to any customer in electronic form; and (b) the document may be sent in different forms, or by different mediums, to different customers; and (c) if the document is sent by post or an electronic medium, it is taken to be given on the day that it is posted or otherwise sent.
Note: Example: The relevant document may be provided by fax, email or text message, including by attaching the document to an email or referring, in an email or text message, the customer to a website where the document can be found.
For the purposes of these Rules, an infrastructure operator is a member owned operator if the majority of its customers are related customers.
In these Rules, a customer of an infrastructure operator is a related customer in relation to that infrastructure operator if: (a) the customer is a beneficiary of a trust of which the infrastructure operator is a trustee; or (b) where the infrastructure operator is a company within the meaning of the Corporations Act 2001, the customer is— (i) a related body corporate within the meaning of that Act in relation to the infrastructure operator; or (ii) a member of the company; or (c) where the infrastructure operator is a body corporate incorporated under a law of a State or of the Commonwealth (other than the Corporations Act 2001), the customer is a member of the body corporate; or (d) the customer has any other legal or equitable interest in the infrastructure operator.
To avoid doubt, a person who trades or assigns a right of access, or part of the right, to another person does not terminate or surrender the right, or part of the right, for the purposes of these Rules.
Note: This provision clarifies the effect of rules 70 and 71, which deal with circumstances in which termination fees are permitted. Trade has the same meaning as subsections 1.07(2) and (3) of the Basin Plan 2012—see subrule 3(1).
Charges must be in accordance with, or exempt from appearing in, a schedule of charges (1) A person must not levy an infrastructure charge or a planning and management charge unless the charge is: (a) specified, for the circumstances in which it is levied, in a schedule of charges that is in effect for the person at the relevant time; or (b) covered by subrule 11(7) (which deals with certain infrastructure charges).
Civil penalty: 200 penalty units.
Relevant time (2) For an infrastructure charge, the relevant time is the time when the infrastructure services that gave rise to the charge were provided. (3) For a planning and management charge, the relevant time is the time when the circumstances set out in the schedule of charges for incurring the charge are met. Effect of retrospective provisions in a schedule of charges (4) Paragraph (1)(a) is taken to be satisfied if: (a) the charge is specified in a schedule of charges that came into effect for the person later than the relevant time; and (b) the charge is specified as applying at the relevant time.
Note: Retrospective application of charges may occur if subrule 11(3) or (4) or 12(3) applies.
(2) Subject to rules 33 and 39 and Division 4 of Part 6, a Part 6 operator that has not been exempted under rule 23C must not, after the regulatory start date for the operator, levy an infrastructure charge relating to an infrastructure service provided by the operator to a customer unless: (a) the operator’s infrastructure charges have been determined or approved in accordance with: (i) Division 2 of Part 6; and (ii) except in the case of the first year of a regulatory period—Division 3 of Part 6; and (b) the infrastructure charge for that infrastructure service does not exceed the charge for that infrastructure service determined or approved in accordance with Division 2 or 3 of Part 6, as applicable.
Civil penalty: 200 penalty units.
(3) Except as expressly authorised by these Rules, a Part 7 operator must not, after the application period for the operator, levy an infrastructure charge relating to an infrastructure service provided by the operator to a customer unless: (a) the operator’s infrastructure charges have been approved or determined in accordance with Part 7; and (b) the infrastructure charge for that infrastructure service does not exceed the maximum charge for that infrastructure service approved or determined in accordance with Part 7.
Civil penalty: 200 penalty units
(1) If: (a) an infrastructure operator proposes to enter into a contract in writing for the provision of infrastructure services to a customer that specifies the infrastructure charges that will apply (whether directly or by specifying a formula by which they will be determined); and (b) either: (i) the customer believes, on reasonable grounds, that disclosure of the details of those charges would result in a material financial loss for, or material detriment to, the customer; or (ii) the operator believes, on reasonable grounds, that disclosure of the details of those charges would result in a material financial loss for, or material detriment to, the operator; the operator or the customer, or both the operator and customer, may apply in writing to the ACCC for an exemption from the requirement under rule 11 that the operator include the charges in its schedule of charges. (2) An application must: (a) be made before the contract is entered into; and (b) include the reasons for the belief referred to in subparagraph (1)(b)(i) or (ii), as applicable. (3) Where: (a) the infrastructure operator proposes to enter into contracts in identical terms with more than one customer; and (b) subparagraph (1)(b)(i) or (ii) applies in relation to each customer; the applications may be combined in a single application.
Note: The combined application will need to specify each customer in relation to whom the exemption is applied for, and provide reasons for the belief referred to in subparagraph (1)(b)(i) or (ii) in relation to each customer.
(5) Before the ACCC makes a decision in relation to an application under this rule, the ACCC may, in writing, request the infrastructure operator or the customer to give the ACCC further information relating to the application within a period specified by the ACCC. (6) The ACCC must, within 30 business days after receiving an application, grant, or refuse to grant, the exemption. (7) In calculating the period of 30 business days referred to in subrule (6), disregard, if the ACCC has requested further information under subrule (5)—a day during any part of which the request, or any part of the request, remains unfulfilled. (8) If the ACCC: (a) is unable to make a decision within the period of 30 business days referred to in subrule (6) or, if that period is extended or further extended, that period as extended; and (b) within that period, gives written notice to the applicants, or applicant, explaining why the ACCC has been unable to make the decision within that period: that period is extended, or further extended, by a period of 10 business days. (9) The ACCC must refuse to grant the exemption if it is not satisfied that disclosure of details of the infrastructure charges under the proposed contract would have a material financial loss for, or material detriment to, the infrastructure operator or the customer. (10) The ACCC must give notice in writing of its decision on an application under this rule to the customer and infrastructure operator and, if it refuses to grant the exemption, must include in the notice the reasons for its refusal. (11) If the ACCC has not either granted, or refused to grant, an exemption sought in an application under this rule within the period of 30 business days, or within that period as extended or further extended under subrule (8), after receipt of the application, the exemption is to be taken to have been granted at the expiration of that period. (12) If the ACCC grants an exemption under this rule, the ACCC must, subject to rule 55, publish on the ACCC’s website a notice to the effect that the exemption has been granted. (13) If, under this rule, an exemption is granted in respect of a contract, or proposed contract:
(a) the operator must not include the infrastructure charges under the contract in its schedule of charges; and
(b) if the ACCC is aware that an exemption is granted under this rule, the ACCC must not include those infrastructure charges in any matter that it publishes on its website.
(13A) Despite subrule (13), if the ACCC grants an exemption under this rule in relation to an application made on or after 1 July 2020, the infrastructure operator must, within 12 months after the day on which the exemption is granted, include the following information in its schedule of charges: (a) a statement that the exemption has been granted under this rule; (b) the name of the customer or customers; (c) the time period of the contract or contracts; (d) the infrastructure service to which the charge exempt from disclosure relates. (14) In this rule:
customer also includes prospective customer, where relevant.
Network operation charges (1) If an infrastructure operator incurs network operation charges, the operator may recover the charges from its customers by means of one or more separate charges or as a component of general charges levied on customers. (2) If an infrastructure operator levies separate charges under subrule (1), the separate charges must not recover in total more than the total amount of the network operation charges.
Civil penalty: 200 penalty units.
Ancillary charges (3) If an infrastructure operator incurs ancillary charges, the operator must recover the charges from its customers by means of one or more separate charges in accordance with this rule.
Civil penalty: 200 penalty units.
(4) The charges levied under subrule (3) must, as far as practicable, recover the same total amount as the ancillary charges. (5) A charge levied under subrule (3) must not be levied on the basis of the number of units of water delivery right or water drainage right held. (6) A charge levied under subrule (3) must: (a) as far as practicable—be levied on the same basis as the ancillary charges that are being recovered through it; and (b) where that is not practicable—be levied on a basis that is reasonably similar to the basis on which the ancillary charges that are being recovered through it are levied.
Note: Example: A volumetric charge incurred by an operator in relation to the water access entitlement held by the operator should be recovered through similar charges on its customers’ irrigation rights.
(7) Where the ancillary charge being recovered by a charge levied under subrule (3) is incurred as a direct result of the actions of a particular customer or customers, the charge under subrule (3) must, as far as practicable, be levied only on that customer or those customers. 3‑month period for adjustment of charges (8) However, if: (a) any separate charges levied under subrule (1) or (3), as set out in the operator’s current schedule of charges, satisfy the requirements of this rule; and (b) there is a change in circumstances that would mean that the charges no longer satisfy those requirements; the charges may continue to be levied in accordance with the current schedule of charges for a period of 3 months after the day on which the change in circumstances occurs.
Note: Example: The amounts of several ancillary charges incurred by an infrastructure operator increase due to another infrastructure operator adopting a new schedule of charges, which has the effect that the charges previously levied by the operator to recover ancillary charges no longer recover the same total amount of all ancillary charges.
(9) In this rule:
ancillary charges means any infrastructure charges or planning and management charges levied on an infrastructure operator (taking account of any discounts) that are not network operation charges.
network operation charges means infrastructure charges and planning and management charges levied on an infrastructure operator (taking account of any discounts) on the basis of:
(a) water access rights held or used by the operator specifically for the purpose of meeting distribution losses; or
(b) infrastructure used by the operator to extract water from a watercourse or discharge water to a watercourse in the course of providing a service to the operator’s customers.
Note: Example: Charges levied on off‑take works used by the operator to extract water from or deliver water to a natural watercourse.
A member owned operator must not, in specifying the infrastructure charges in relation to an infrastructure service of the same class, specify different infrastructure charges payable for: (a) an infrastructure service provided to a customer that holds an irrigation right against the member owned operator; and (b) an infrastructure service provided to a customer that does not hold an irrigation right against the member owned operator: if the difference between the amount of the charge referred to in paragraph (b) and the amount of the charge referred to in paragraph (a) is more than the difference between the actual costs necessarily incurred in providing each of those infrastructure services.
Civil penalty: 200 penalty units.
(1) An infrastructure operator must adopt a schedule of charges that: (a) sets out its infrastructure charges and planning and management charges in accordance with this rule and rule 13; and (b) sets the date on which the schedule of charges comes into effect for the operator, which must not be earlier than the date of adoption.
Note 1: In order for an infrastructure operator to levy a charge (other than an exempt charge or other charge listed in subrule (7)), the charge must be in a schedule of charges that is in effect for the infrastructure operator at the relevant time—see rule 7.
Note 2: To come into effect, a schedule of charges must be adopted in accordance with this rule and include the information set out in rule 13. It must be published and distributed in accordance with rule 15. It remains in effect until a replacement schedule comes into effect—see subrule 11(5).
Note 3: For paragraph (b), the date is set under item 4 of the table in rule 13.
When individual charges may apply (2) The period during which a charge applies (the charge application period for the charge) is the period that the schedule of charges is in effect for the person who levies the charge, unless a different charge application period is specified in the schedule of charges. Subject to subrules (3) and (4), the charge application period must not begin earlier than the date on which the schedule of charges comes into effect. (3) If: (a) an infrastructure charge or a planning and management charge in the schedule of charges is required to be determined or approved by another person who is a State Agency or the ACCC; and (b) the determination or approval of the charges includes provisions relating to the dates when the charge applies: any specification of the charge application period for the charge under subrule (2) must be in accordance with those provisions of the determination or approval. (4) If the schedule of charges that is adopted differs from the schedule of charges that it replaces only in relation to charges that are: (a) separate charges levied under subrule 9A(1); or (b) charges levied under subrule 9A(3); such a charge may be specified, under subrule (2), as applying not earlier than the date of application of the network operation charge or ancillary charge that caused the change in the charge. Replacing one schedule of charges with another (5) The schedule of charges ceases to be in effect for the infrastructure operator when another schedule of charges that has been adopted by the infrastructure operator comes into effect. Schedule of charges must comply with rule 13 (6) Subject to subrules (7) and (8), the infrastructure operator contravenes this subrule if the schedule of charges does not include: (a) for each infrastructure charge set out in the schedule—the information specified in items 1 and 2 of the table in rule 13; and (b) for each planning and management charge set out in the schedule—the information specified in items 1 and 3 of that table; and (c) the information specified in item 4 of that table.
Civil penalty: 200 penalty units.
Charges for which information is not required (7) The schedule of charges need not include the following: (a) for a charge in relation to which an exemption has been granted under rule 9—details of the charge; (b) for a discount on an infrastructure charge that is provided to an individual customer or customers for reasons of the customers’ hardship (for example, a natural disaster), or in recognition of a service disruption experienced by the customer (for example, a temporary channel closure)—the amount of the discount or any other information relating to that discount; (c) for an infrastructure charge levied by the infrastructure operator in accordance with rule 9A to recover the amount of any infrastructure charge or planning and management charge incurred (but not determined) by the operator in relation to a transaction undertaken on behalf of a customer, such as a trade application charge—details of the charge; (d) the details of an infrastructure charge to be levied in circumstances such that: (i) the nature of the service is known, but: (A) the information required for subparagraph (c)(i) of item 1 of the table in rule 13 cannot reasonably be determined; and (B) subparagraph (c)(ii) of that item does not apply; or (ii) the nature of the service is not known sufficiently early for it to be practicable to include the charge in the schedule of charges.
Note: For paragraph (a), information relating to the exemption is required—see subrule 9(13A).
(8) However, if an infrastructure operator levies an infrastructure charge for an infrastructure service to which paragraph (7)(d) applies, the operator must adopt a new schedule of charges that includes the details of that charge within 12 months after the infrastructure charge is levied.
(1) A person, other than an infrastructure operator, who determines or levies planning and management charges, or on whose behalf such charges are collected, may adopt a schedule of charges that: (a) sets out the planning and management charges that may be levied, in accordance with this rule and rule 13; and (b) sets the date on which the schedule of charges comes into effect for the person who levies the charges, which must not be earlier than the date of adoption.
Note 1: In order for a person other than an infrastructure operator to levy a planning or management charge, the charge must be in a schedule of charges that is in effect for the person at the relevant time—see rule 7.
Note 2: To come into effect, a schedule of charges must be adopted in accordance with this rule and include the information set out in rule 13. It must be published in accordance with rule 15. It remains in effect until a replacement schedule comes into effect—see subrule 12(4).
Note 3: For paragraph (b), the date is set under item 4 of the table in rule 13.
When individual charges may apply (2) The period during which an individual charge in a schedule of charges applies (the charge application period for the charge) is the period that the schedule of charges is in effect for the person who levies the charge, unless a different charge application period is specified in the schedule of charges. Subject to subrule (3), the charge application period must not begin earlier than the date on which the schedule of charges comes into effect. (3) If: (a) the person who determines the charges: (i) is not the person who levies the charges; and (ii) is a State Agency; and (b) the determination of the charges includes provisions relating to the dates when the charges apply; any specification of the charge application period for the charge under subrule (2) must be in accordance with those provisions of the determination. Replacing one schedule with another (4) The schedule of charges ceases to be in effect for the person who levies the charges when another schedule of charges that has been adopted in accordance with this rule comes into effect for the person. Schedule must comply with rule 13 (5) The person who adopts the schedule of charges contravenes this subrule if the schedule of charges does not include: (a) the information specified in items 1 and 3 of the table in rule 13 in relation to each planning and management charge; and (b) the information specified in item 4 of that table.
Note: Section 12 of the Act limits the types of agencies of the Commonwealth or of a State that can be liable to be subject to civil proceedings for a civil penalty or given an infringement notice, and exempts the Crown entirely.
Civil penalty: 200 penalty units.
A schedule of charges adopted under subrule 11(1) or 12(1) must include the applicable information set out in the following table.
| Item | Kind of charge | Information |
|---|---|---|
| 1 | For each infrastructure charge or planning and management charge | The following:(a) the name of the charge and, if the charge application period for the charge is not the same as the period that the schedule of charges is in effect for the person who levies the charge, its charge application period;(b) the circumstances in which the charge is payable, including, if applicable, the following:(i) the water resource, catchment or district, and the water resource plan or other plan, to which the charge relates;(ii) the class of person required to pay the charge;(iii) the class of water access right, irrigation right or water delivery right to which the charge relates;(c) either:(i) the amount of the charge or details of rates and all other details necessary to determine that amount; or(ii) for a charge that reflects the costs of physically connecting, or physically disconnecting a customer from the operator’s water service infrastructure—a statement that the charge will be determined at the time of the connection or disconnection;(d) details of any general discount or surcharge, including the circumstances under which the discount or surcharge applies (for example, a discount for early payment);(e) when the charge is payable, and if payable by instalments, the number of instalments and intervals at which the charge is payable;(f) if the charge is not determined by the operator or person adopting the schedule of charges—who determined the charge;(g) if the charge is not payable to the operator or person adopting the schedule of charges:(i) the name of the person to whom the charge is payable; and(ii) the name of the agency or person for whom the charge is being collected |
| 2 | For each infrastructure charge | The following:(a) a description of the infrastructure service to which the charge relates;(b) if the charge is covered by an exemption under rule 9—the information required to be included in the schedule by subrule 9(13A) |
| 3 | For each planning and management charge | The legislative, contractual or other authority for the charge |
| 4 | General information | The following:(a) the date on which the schedule of charges comes into effect (or will be taken to have come into effect) and a statement that this is the date from which each individual charge applies, unless a different date of application is specified;(b) a statement setting out the following:(i) the process used to determine the infrastructure charges or planning and management charges and how a person may participate in that process;(ii) how a person can make an enquiry or resolve a dispute in relation to regulated water charges;(iii) any generally available discounts, surcharges or hardship policies, if applicable;(iv) how the infrastructure operator has determined or calculated the infrastructure charges it levies to recover charges in accordance with rule 9A, if applicable;(v) any other information that is reasonably necessary or desirable to explain the charges to the customer |
Note: Documents may be given in electronic form and documents posted or sent electronically are taken to be given on the day they are posted or sent—see subrule 3(3).
Infrastructure operator—provision of schedule of charges to new customer or on request (1) If a person becomes a customer of an infrastructure operator, the operator must give the person, within 10 business days after the day the operator first receives notice, or otherwise becomes aware, that the person is a customer, a copy of: (a) its current schedule of charges; and (b) if a schedule of charges that is not yet in effect has been given to existing customers in accordance with paragraph (3)(a) or (4)(a)—the new schedule of charges.
Civil penalty: 200 penalty units.
(2) If a person gives an infrastructure operator a request in writing for details of its current infrastructure charges for infrastructure services provided to its customers, the operator must give the person, within 10 business days after the day the request is received, a copy of: (a) its current schedule of charges; or (b) if a new schedule of charges has been adopted but is not yet in effect—the new schedule of charges.
Civil penalty: 200 penalty units.
Infrastructure operator—adoption of new schedule of charges (3) If an infrastructure operator that satisfies subparagraph 23(b)(i) or (ii) (whether or not its infrastructure charges are determined or approved by a single State Agency under a law of the State) adopts a schedule of charges under subrule 11(1): (a) the operator must give a copy of the schedule of charges to each of its customers at least 25 business days before the day the schedule of charges comes into effect; and (b) if the operator has a website—the operator must publish the schedule of charges on a publicly accessible part of the operator’s website at least 25 business days before the day the schedule of charges comes into effect.
Civil penalty: 200 penalty units.
(4) If an infrastructure operator of any other kind adopts a schedule of charges under subrule 11(1): (a) the operator must give a copy of the schedule of charges to each of its customers at least 10 business days before the day the schedule of charges comes into effect; and (b) if the operator has a website—the operator must publish the schedule of charges on a publicly accessible part of the operator’s website at least 10 business days before the day the schedule of charges comes into effect.
Civil penalty: 200 penalty units.
Infrastructure operator—adoption of new schedule of charges updating rule 9A charges only (5) For subrules (3) and (4), if the schedule of charges is one to which subrule 11(4) applies, the infrastructure operator: (a) is taken to comply with paragraphs (3)(a) and (4)(a) if it gives a copy of the schedule of charges, or a notice setting out the details of the changes, to each customer with the next invoice it gives to the customer after adopting the schedule of charges; and (b) is taken to comply with paragraphs (3)(b) and (4)(b) if it publishes the schedule of charges on a publicly accessible part of the operator’s website as soon as practicable after adopting the schedule of charges. Person other than an infrastructure operator—adoption of schedule of charges under rule 12 (6) A person who adopts a schedule of charges under subrule 12(1) must, at least 25 business days before the day the schedule of charges comes into effect for the person who levies the charges: (a) cause the schedule of charges to be published on a publicly accessible part of the person’s website, or a publicly accessible part of the website of: (i) the person who determined the charge; or (ii) the agency or person to whom the charge is payable; or (iii) the agency or person on whose behalf the charges are collected; and (b) ensure that the schedule of charges is made available at its principal place of business, or the principal place of business of: (i) the person who determined the charge; or (ii) the agency or person to whom the charge is payable; or (iii) the agency or person on whose behalf the charges are collected.
Note: Section 12 of the Act limits the types of agencies of the Commonwealth or of a State that can be liable to be subject to civil proceedings for a civil penalty or given an infringement notice, and exempts the Crown entirely.
Civil penalty: 200 penalty units.
Where publication or distribution delayed by determination or approval requirements (7) If: (a) a schedule of charges adopted by a person includes charges that are required to be determined or approved by a State Agency or the ACCC; and (b) the timing of the determination or approval of the charges prevents the person from performing the actions required by subrule (3), (4) or (6) within the specified times; the person is taken to comply with the relevant subrule if the person performs the required actions as soon as practicable after the charges are determined or approved.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Rules are the Water Charge Rules 2010.
(1) In these Rules, unless the contrary intention appears:
Act means the Water Act 2007.
additional termination fee: see subrule 71(4).
aggregate revenue requirement, in relation to infrastructure services provided by a Part 6 operator, means the sum of revenue from infrastructure charges and government contributions that was forecast for the regulatory period at the time that the ACCC made the initial determination or approval of the charges under rule 29.
application period, in relation to a Part 7 operator, means the period commencing:
(a) on 12 January 2011; or
(b) on the day on which the operator becomes a Part 7 operator—
whichever is the later, and ending: (c) 3 months after that date or day, as the case requires; or (d) if the operator makes an application to the ACCC under rule 46 during that period of 3 months—when the ACCC approves or determines the infrastructure charges set out in the application.
business day does not include a Saturday or a Sunday and:
(a) in relation to an obligation of an infrastructure operator, does not include a day that is a public holiday in the place where the operator’s principal place of business is situated;
(b) in relation to the ACCC, does not include a day that is a public holiday in the Australian Capital Territory.
charge application period:
(a) for a charge set out in a schedule of charges adopted by an infrastructure operator, in accordance with rule 11—see subrule 11(2);
(b) for a charge set out in a schedule of charges adopted by a person other than an infrastructure operator, in accordance with rule 12—see subrule 12(2).
contract includes agreement.
customer, in relation to an infrastructure operator, means a person who is entitled to infrastructure services, such as the holder of a water delivery right, from the operator.
discount includes bonus, rebate and allowance.
first regulatory period, for a Part 6 operator: see subrule 24A(3).
general termination fee: see subrule 71(4).
information request: see subrule 74(4).
infrastructure charge means a charge of a kind referred to in paragraph 91(1)(a), (b) or (d) of the Act other than:
(a) a fee to which rule 13 of the Water Market Rules 2009 applies; or
(b) a termination fee.
infrastructure service means access, or a service provided in relation to access, to water service infrastructure and includes the storage, delivery, drainage and taking of water.
levy includes impose or demand or cause to be imposed or demanded.
managed water resources means all water resources that are—
(a) Basin water resources;
(b) water resources (not being Basin water resources) in a referring State, or part of a referring State, if—
(i) a law of the referring State provides that section 100B of the Act applies to the State, or that part of the State; and
(ii) the regulations under the Act provide that section 100B of the Act applies to the State, or that part of the State;
(c) water resources (not being Basin water resources) in the Northern Territory, or a part of the Northern Territory, if—
(i) a law of the Northern Territory provides that section 100B of the Act applies to the Territory, or that part of the Territory; and
(ii) the regulations provide that section 100B of the Act applies to the Northern Territory, or that part of the Northern Territory—
but does not include water resources that are prescribed for the purposes of paragraph 100B(3)(a) of the Act.
member owned operator has the meaning given by rule 5.
Part 6 operator: see rule 23.
Part 7 operator: see rule 45.
planning and management charge means a charge of the kind referred to in paragraph 91(1)(c) of the Act that is determined by or on behalf of an agency of the Commonwealth or an agency of a State excluding charges determined by a local government body.
regulatory asset base means the value determined in accordance with Schedule 2.
regulatory event means:
(a) a change to the regulatory requirements imposed on an infrastructure operator relating to the provision of an infrastructure service; or
(b) the determination or approval by the ACCC or by an agency of a State under a law of the State of regulated water charges incurred by an infrastructure operator;
but does not include a requirement to pay a fine, penalty or compensation in relation to a breach of any law.
regulatory period, for a Part 6 operator, means the first regulatory period or a subsequent regulatory period, where:
(a) the first regulatory period for the operator begins on the regulatory start date for the operator; and
(b) each subsequent regulatory period begins when the previous one ends; and
(c) the length of a regulatory period is:
(i) if the ACCC has set a length for the period under rule 24—that length; or
(ii) otherwise—3 years.
Note 1: If the operator ceases to be a Part 6 operator, the operator continues to be treated as one for the remainder of its current regulatory period, but has no further regulatory periods—see rule 23D.
Note 2: See the transition provision in rule 81 for the regulatory period for an infrastructure operator that was a Part 6 operator immediately before 1 July 2020.
regulatory start date:
(a) for a Part 6 operator—see subrule 23C(11); or
(b) for a Part 7 operator—see subrule 45(1B).
Note 1: The regulatory start date for a Part 6 operator is the date from which Divisions 2, 3 and 4 of Part 6 will apply to the operator. See also subrule 30(2).
Note 2: The regulatory start date for a Part 7 operator is the date from which Division 2 of Part 7 will apply to the operator.
related customer, in relation to an infrastructure operator, has the meaning given by rule 6.
relevant tax means any tax payable by an infrastructure operator, other than:
(a) income tax and capital gains tax; or
(b) stamp duty, financial institutions duty and bank accounts debts tax; or
(c) penalties, charges, fees and interest on late payments, or deficiencies in payments, relating to any tax; or
(d) any tax that replaces or is the equivalent of or similar to any of the taxes referred to in paragraphs (a) to (c) (including any State equivalent tax).
right of access means a right of access to an infrastructure operator’s water service infrastructure or to services provided in relation to that right or a part of that right, including a water delivery right and a right to the drainage of water through that infrastructure.
schedule of charges means:
(a) for an infrastructure operator—a schedule of charges adopted under subrule 11(1); or
(b) for a person other than an infrastructure operator—a schedule of charges adopted under subrule 12(1).
State Agency means an agency of a State within the meaning of paragraph (c) of the definition of agency of a State in the Act.
taxation event: an event that consists of:
(a) a change in a relevant tax, in the application or official interpretation of a relevant tax, in the rate of a relevant tax, or in the way a relevant tax is calculated; or
(b) the removal of a relevant tax; or
(c) the imposition of a relevant tax;
is a taxation event for an infrastructure operator if, as a consequence, the costs to the service provider of providing an infrastructure service are increased or decreased.
terminating customer means:
(a) a customer who terminates or surrenders the whole or a part of a right of access by notice in writing given to the infrastructure operator; or
(b) a customer whose right of access is terminated by the infrastructure operator:
(i) by notice in writing given in accordance with the contract or arrangement applicable to that right; and
(ii) on grounds that the customer is in breach of their obligations under the contract or arrangement.
termination fee: see rule 71.
termination information statement: see subrule 74(5).
trade has the same meaning as in the Basin Plan 2012.
Note: See subsections 1.07(2) and (3) of the Basin Plan 2012.
Note 1: Section 146 of the Act provides that if the words ‘civil penalty’ and one or more amounts in penalty units (for example, ‘Civil Penalty: 200 penalty units’) are set out at the foot of a provision in the rules, the provision is a civil penalty provision for the purposes of the Act (see Division 4 of Part 8 of the Act).
Note: Subsection 147(3) of the Act provides that the pecuniary penalty for a contravention of a civil penalty provision must not exceed:
(a) if the wrongdoer is an individual—the relevant amount specified for the civil penalty provision; or
(b) otherwise—an amount equal to 5 times the amount of the relevant amount specified for the civil penalty provision.
Note 2: Penalty unit is defined in section 4AA of the Crimes Act 1914.
(2) A reference in these Rules to a water access entitlement includes a reference to a perpetual or ongoing entitlement, by or under a law of a State, to a share of the Basin water resources as if the entitlement were a water access entitlement. (3) In these Rules, where an infrastructure operator is required to give a copy of a document, such as its schedule of charges, to its customers: (a) the relevant document may be given to any customer in electronic form; and (b) the document may be sent in different forms, or by different mediums, to different customers; and (c) if the document is sent by post or an electronic medium, it is taken to be given on the day that it is posted or otherwise sent.
Note: Example: The relevant document may be provided by fax, email or text message, including by attaching the document to an email or referring, in an email or text message, the customer to a website where the document can be found.
For the purposes of these Rules, an infrastructure operator is a member owned operator if the majority of its customers are related customers.
In these Rules, a customer of an infrastructure operator is a related customer in relation to that infrastructure operator if: (a) the customer is a beneficiary of a trust of which the infrastructure operator is a trustee; or (b) where the infrastructure operator is a company within the meaning of the Corporations Act 2001, the customer is— (i) a related body corporate within the meaning of that Act in relation to the infrastructure operator; or (ii) a member of the company; or (c) where the infrastructure operator is a body corporate incorporated under a law of a State or of the Commonwealth (other than the Corporations Act 2001), the customer is a member of the body corporate; or (d) the customer has any other legal or equitable interest in the infrastructure operator.
To avoid doubt, a person who trades or assigns a right of access, or part of the right, to another person does not terminate or surrender the right, or part of the right, for the purposes of these Rules.
Note: This provision clarifies the effect of rules 70 and 71, which deal with circumstances in which termination fees are permitted. Trade has the same meaning as subsections 1.07(2) and (3) of the Basin Plan 2012—see subrule 3(1).
Charges must be in accordance with, or exempt from appearing in, a schedule of charges (1) A person must not levy an infrastructure charge or a planning and management charge unless the charge is: (a) specified, for the circumstances in which it is levied, in a schedule of charges that is in effect for the person at the relevant time; or (b) covered by subrule 11(7) (which deals with certain infrastructure charges).
Civil penalty: 200 penalty units.
Relevant time (2) For an infrastructure charge, the relevant time is the time when the infrastructure services that gave rise to the charge were provided. (3) For a planning and management charge, the relevant time is the time when the circumstances set out in the schedule of charges for incurring the charge are met. Effect of retrospective provisions in a schedule of charges (4) Paragraph (1)(a) is taken to be satisfied if: (a) the charge is specified in a schedule of charges that came into effect for the person later than the relevant time; and (b) the charge is specified as applying at the relevant time.
Note: Retrospective application of charges may occur if subrule 11(3) or (4) or 12(3) applies.
(2) Subject to rules 33 and 39 and Division 4 of Part 6, a Part 6 operator that has not been exempted under rule 23C must not, after the regulatory start date for the operator, levy an infrastructure charge relating to an infrastructure service provided by the operator to a customer unless: (a) the operator’s infrastructure charges have been determined or approved in accordance with: (i) Division 2 of Part 6; and (ii) except in the case of the first year of a regulatory period—Division 3 of Part 6; and (b) the infrastructure charge for that infrastructure service does not exceed the charge for that infrastructure service determined or approved in accordance with Division 2 or 3 of Part 6, as applicable.
Civil penalty: 200 penalty units.
(3) Except as expressly authorised by these Rules, a Part 7 operator must not, after the application period for the operator, levy an infrastructure charge relating to an infrastructure service provided by the operator to a customer unless: (a) the operator’s infrastructure charges have been approved or determined in accordance with Part 7; and (b) the infrastructure charge for that infrastructure service does not exceed the maximum charge for that infrastructure service approved or determined in accordance with Part 7.
Civil penalty: 200 penalty units
(1) If: (a) an infrastructure operator proposes to enter into a contract in writing for the provision of infrastructure services to a customer that specifies the infrastructure charges that will apply (whether directly or by specifying a formula by which they will be determined); and (b) either: (i) the customer believes, on reasonable grounds, that disclosure of the details of those charges would result in a material financial loss for, or material detriment to, the customer; or (ii) the operator believes, on reasonable grounds, that disclosure of the details of those charges would result in a material financial loss for, or material detriment to, the operator; the operator or the customer, or both the operator and customer, may apply in writing to the ACCC for an exemption from the requirement under rule 11 that the operator include the charges in its schedule of charges. (2) An application must: (a) be made before the contract is entered into; and (b) include the reasons for the belief referred to in subparagraph (1)(b)(i)
This is an opening excerpt, not the complete document.