WATER ACT 2007 - SECT 92 Water charge rules

WATER ACT 2007 - SECT 92

  (1)   The Minister may make rules (to be called water charge rules ), applying in Basin States that are referring States and in the Australian Capital Territory, that:

  (a)   relate to regulated water charges; and

  (b)   deal with one or more of the matters referred to in subsection   (3); and

  (c)   contribute to achieving the Basin water charging objectives and principles set out in Schedule   2.

  (2)   Water charge rules are legislative instruments.

  (3)   Water charge rules may deal with the following matters:

  (a)   the rules that must be applied in determining the amount of:

  (i)   regulated water charges generally; or

  (ii)   regulated water charges of a particular kind;

  (b)   the terms and conditions that may, or must not, be imposed in relation to:

  (i)   regulated water charges generally; or

  (ii)   regulated water charges of a particular kind;

  (c)   the determination, or approval, by the ACCC of regulated water charges;

  (d)   the process to be followed in applying for, and making or giving, determinations or approvals of the kind referred to in paragraph   (c);

  (e)   the accreditation by the ACCC of arrangements under which regulated water charges are determined or approved by agencies of the States (instead of by the ACCC);

  (f)   the process to be followed in applying for, and making or giving, accreditation of the kind referred to in paragraph   (e);

  (g)   the terms and conditions on which arrangements are accredited under rules made for the purposes of paragraph   (e) (including the determination of some or all of those terms and conditions by the ACCC);

  (h)   the obligations to be imposed in relation to the accreditation of arrangements under rules made for the purposes of paragraph   (e) (including the determination of some or all of those obligations by the ACCC);

  (i)   the prohibition of regulated water charges of a particular kind in the circumstances specified in the rules;

  (j)   the imposition of a requirement on the person determining the amount of regulated water charges to publish:

  (i)   the details of the charges; and

  (ii)   the process for determining the amount of the charges;

  (k)   transitional arrangements for the introduction of, or changes to, water charge rules;

  (l)   any matter that was dealt with in:

  (i)   paragraph   15(3)(c) of Schedule E to the former MDB Agreement; or

  (ii)   the Access and Exit Fees Protocol to the former MDB Agreement made under paragraph   6(1)(f) of Schedule E to the former MDB Agreement.

  (4)   Without limiting paragraph   (3)(c), water charge rules may:

  (a)   specify the effect, and the period of effect, of a determination or approval of the kind referred to in that paragraph; and

  (b)   allow the ACCC to extend the period of effect of a particular determination or approval of the kind referred to in that paragraph beyond the period specified for the purposes of paragraph   (a) of this subsection.

  (5)   Without limiting paragraph   (3)(d), water charge rules may specify:

  (a)   the information that an applicant for a determination or approval of the kind referred to in paragraph   (3)(c) must give the ACCC in relation to the application; and

  (b)   the timing of the steps in the process in which:

  (i)   the application is made; and

  (ii)   the determination is made or the approval is given.

  (6)   Without limiting paragraph   (3)(e), the rules made for the purposes of that paragraph may provide for the circumstances in which:

  (a)   an accreditation may be revoked; or

  (b)   the terms and conditions on which an accreditation is given may be varied.

  (7)   Without limiting subsection   (3), particular water charge rules may be limited to either or both of the following:

  (a)   particular kinds of regulated water charges;

  (b)   regulated water charges in relation to particular water resources.

  (8)   Without limiting subsection   (3), water charge rules may provide that a particular provision of the rules is a civil penalty provision.

  (9)   The civil penalty for a contravention of a provision specified under subsection   (8) is 200 penalty units.

  (10)   Without limiting subsection   (3), water charge rules may provide that a person who suffers loss or damage as a result of conduct, or an omission, of another person that contravenes the water charge rules may recover the amount of the loss or damage by action against that other person or against any person involved in the contravention.