(i) a breakup agreement to which it is
a party; or
(ii) if it is not a party to a breakup agreement—a regulation
under the Planning Act .
(2) There may be different adopted charges for
providing trunk infrastructure in different parts of the
distributor-retailer’s geographic area.
(3) Also, a board decision may do
either or both of the following—
(a) declare there is no adopted charge for
part or all of the distributor-retailer’s geographic area;
(b) make a
provision (an
"automatic increase provision" ) that provides for automatic increases in
levied charges from when they are levied to when they are paid.
(5) Also, the automatic increase must not be more than the lesser
of the following—
(a) the difference between the levied charge and the
amount mentioned in subsection (1) (b) the distributor-retailer could have
levied for the trunk infrastructure when the charge is paid;
(b) the increase
worked out using the PPI, adjusted according to the 3-yearly PPI average, for
the period—
(i) starting on the day the levied charge is levied; and
(ii)
ending on the day the charge is paid.
(6) In this section—
"3-yearly PPI average" means the PPI adjusted according to the 3-year moving
average quarterly percentage change between financial quarters.
"maximum adopted charge" , for a financial year, for trunk infrastructure,
means the sum of—
(a) the maximum amount for an adopted charge for the
infrastructure—
(i) prescribed under the Planning Act , section 112 (1) ;
and
(ii) in force at the start of the financial year; and
(b) an amount
equal to the amount mentioned in paragraph (a) multiplied by the sum of the
percentage increases for each financial quarter since the amount was last
prescribed or amended.
"percentage increase" means the 3-yearly moving average quarterly
percentage increase in the PPI.
