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 5-L 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 www.agriculture.gov.au or by emailing [email protected] . 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 public in 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. 16 December 2016 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 section 92 of the Water Act 2007. Dated PROPOSED RULES 18 October 2016 Barnaby Joyce [DRAFT ONLY—NOT FOR SIGNATURE] Minister for Agriculture and Water Resources 2 Water Charge (Infrastructure) Amendment Rules 2016 PROPOSED RULES 18 October 2016 Contents 1 2 3 4 Name of Rules Commencement Authority Schedule 1—amendments of the Water Charge (Infrastructure) Rules 2010 Schedule 1 —Amendments to the Water Charge (Infrastructure) Rules 2010 4 4 4 4 5 3 Water Charge (Infrastructure) Amendment Rules 2016 PROPOSED RULES 18 October 2016 1 Name of Rules These Rules are the Water Charge (Infrastructure) Amendment Rules 2016. 2 Commencement These Rules commence on 1 July 2017. 3 Authority These Rules are made under section 92 of the Water Act 2007. 4 Schedule 1—amendments of the Water Charge (Infrastructure) Rules 2010 The Water Charge (Infrastructure) Rules 2010 are amended as set out in Schedule 1. 4 Water Charge (Infrastructure) Amendment Rules 2016 PROPOSED RULES 18 October 2016 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] Part 5 Repeal the Part. 5 Water Charge (Infrastructure) Amendment Rules 2016 PROPOSED RULES 18 October 2016 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. 6 Water Charge (Infrastructure) Amendment Rules 2016 PROPOSED RULES 18 October 2016
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