45Part 7 operators

45 Part 7 operators

(1) An infrastructure operator becomes a Part 7 operator if: (a) the operator is not a Part 6 operator; and (b) the operator is a member owned operator; and (c) the sum of the maximum volume of water from managed water resources in respect of which the operator provides infrastructure services in relation to all of the following is more than 10 gigalitres: (i) water access entitlements held by the operator (otherwise than for the purpose of providing infrastructure services to customers who hold water access entitlements to that water); (ii) water access entitlements held by the customers of the operator; (iii) water access entitlements held by the owner (not being the operator) of the water service infrastructure operated by the operator; and (d) the operator has made a distribution to all its related customers at any time after 12 January 2011.

Note: In subrule 45(1) the maximum volume of water refers to that held under water access entitlements.

(1A) If a Part 7 operator makes, or proposes to make, an application for the determination or approval of regulated charges under Division 2, the ACCC must: (a) invite the views of the operator on the appropriate date from which Division 2 should apply to the operator; and (b) set that date. (1B) The date set in subrule (1A) is the regulatory start date for the operator. (2) For the purposes of this rule, an infrastructure operator: (a) is to be taken to have made a distribution to all its related customers if it has: (i) declared a dividend for all its related customers; or (ii) distributed profits, or any part of its profits, whether in the form of dividends or otherwise, to all its related customers; or (iii) distributed its reserves, or any part of its reserves, to all its related customers; or (iv) issued bonus shares to all its related customers; and (b) is not to be taken to have made a distribution, whether as referred to in paragraph (a) or in any other manner, if the distribution was made without distinction between related customers and other customers. (3) An infrastructure operator ceases to be a Part 7 operator at the earliest of the following times: (a) when the operator ceases to be a member owned operator; (b) when paragraph (1)(c) stops applying to the operator; (c) upon the expiration of 3 years after the operator last made a distribution to all its related companies; (d) upon the expiration of 3 years after the regulatory start date for the operator. (4) An infrastructure operator to whom this Part applies is a Part 7 operator.