PUBLIC NOTICE
Proposal to amend Water Charge (Infrastructure) Rules 2010
The Hon Barnaby Joyce MP, Minister for Agriculture and Water Resources proposes to make an amendment to the Water Charge (Infrastructure) Rules 2010 under subsection 92(1) of the Water Act 2007(the Act). The Minister has requested, received and had regard to the Australian Competition and Consumer Commission’s (ACCC) Review of the Water Charge Rules Final Advice in accordance with subsections 93(1) and 93(4) of the Act. The Minister proposes to adopt Rule advice 5L to amend the Water Charge (Infrastructure) Rules 2010 by repealing the Network Service Plan (Part 5) requirements. The Minister is currently considering the remainder of the ACCC’s Review of the Water Charge Rules Final Advice.
The following documents are available on the Department of Agriculture and Water Resource’s Internet site at or by emailing .
- The proposed rule amendments.
- A summary of the proposed rule amendments.
- The ACCC’s Review of the Water Charge Rules Final Advice.
In accordance with regulation 4.05 of the Water Regulations 2008, the ACCC consulted with infrastructure operators, irrigators, Basin State governments and the publicin conducting the review and developing its Review of the Water Charge Rules Final Advice.
This notice is published in accordance with regulation 4.04 of the Water Regulations 2008. The proposed rule amendments will be made available not less than four weeks from the publication date of this notice.
Water Charge (Infrastructure) Amendment Rules 2016
Made under the Water Act 2007
I, Barnaby Joyce, Minister for Agriculture and Water Resources, having regard to advice given by the Australian Competition and Consumer Commission, make the following Rules under section92 of the Water Act 2007.
Dated
PROPOSED RULES18 October 2016
Barnaby Joyce[DRAFT ONLY—NOT FOR SIGNATURE]
Minister for Agriculture and Water Resources
Contents
1Name of Rules
2Commencement
3Authority
4Schedule 1—amendments of the Water Charge (Infrastructure) Rules 2010
Schedule 1 —Amendments to the Water Charge (Infrastructure) Rules 2010
1Name of Rules
These Rules are the Water Charge (Infrastructure) Amendment Rules 2016.
2Commencement
These Rules commence on1 July 2017.
3Authority
These Rules are made under section 92 of the Water Act 2007.
4Schedule 1—amendments of the Water Charge (Infrastructure) Rules 2010
The Water Charge (Infrastructure) Rules 2010 are amended as set out in Schedule 1.
Schedule 1—Amendments to the Water Charge (Infrastructure) Rules 2010
[1]Subrule 3(1)—definition of network service plan
Repeal the definition.
[2]Subrule 3(1)—definition of Part 5 operator
Repeal the definition.
[3]Rule 8, heading
Omit ‘5,’.
[4]Subrule 8(1)
Repeal the subrule.
[5]Rule 12, Note
Omit ‘5,’.
[6]Rule 14
Repeal the rule.
[7]Part5
Repeal the Part.
Summary of Proposed Rules
Subsection 92(1) of the Water Act 2007 provides for the Minister for Agriculture and Water Resources to make, amend and revoke water charge rules. The Water Charge (Infrastructure) Amendment Rules 2017 amend the Water Charge (Infrastructure) Rules 2010.
Part 1 – Preliminary
Rule 1 sets out the name of the amendments as the Water Charge (Infrastructure) Amendment Rules 2017.
Rule 2 specifies that the amendments commence on 1 July 2017.
Rule 3 sets out that the amendments are made under section 92 of the Water Act 2007.
Rule 4 sets out that the amendments set out at Schedule 1 apply to the Water Charge (Infrastructure) Rules 2010.
Schedule 1 – Amendments
Part 1, Subrule 3(1) – The definition of network service plan has been repealed.
Part 1, Subrule 3(1) – The definition of Part 5 operator has been repealed.
Part 2, Rule 8, heading – The heading has been amended to remove reference to Part 5 operators from those operators to which Rule 8 applies.
Part 2, Subrule 8(1) – The subrule 8(1) has been repealed to remove the additional conditions that applied to Part 5 operators.
Part 4, Rule 12, Note – The note has been amended to remove reference to Part 5 operators.
Part 4, Rule 14 – The rule has been repealed, removing the requirement for Part 5 operators to provide information statements.
Part 5 – The Part has been repealed. This removes the elements defining a Part 5 operator, and removes the requirements for those Part 5 operators to provide network service plans and information statements.
1
Water Charge (Infrastructure) Amendment Rules 2016
PROPOSED RULES18 October 2016