9AInfrastructure operator to pass through certain charges

9A Infrastructure operator to pass through certain charges

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: