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WATER ACT 2007 - SECT 98 Process for making water market rules

WATER ACT 2007 - SECT 98

Process for making water market rules

  (1)   The Minister must ask the ACCC for advice about water market rules the Minister proposes to make, or about proposed amendments or revocations of rules.

  (2)   The ACCC must give the Minister advice about the proposed water market rules, or proposed amendments or revocations.

  (3)   The Minister must have regard to the ACCC's advice in making, amending or revoking the water market rules.

  (4)   The regulations must provide for the process that the Minister is to follow in making, amending or revoking water market rules.

  (5)   Without limiting subsection   (4), the regulations must provide for:

  (a)   consultations with the Basin States and with infrastructure operators; and

  (b)   public consultations;

as part of the process of making, amending or revoking water market rules.

  (6)   If:

  (a)   the Minister makes, amends or revokes water market rules; and

  (b)   the rules do not reflect the advice that the ACCC gave the Minister under subsection   (2) in relation to the rules, or the amendments or revocations;

the Minister must, when the rules, amendments or revocations are laid before a House of the Parliament under the Legislation Act 2003 , also lay before that House a document that sets out:

  (c)   the respects in which the rules, amendments or revocations do not reflect the advice given by the ACCC; and

  (d)   the Minister's reasons for departing from that advice.

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