(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.