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WATER ACT 2007 (NO. 137, 2007) - SECT 93

Process for making water charge rules

             (1)  The Minister must ask the ACCC for advice about water charge rules the Minister proposes to make.

             (2)  The ACCC must give the Minister advice about the proposed water charge rules.

             (3)  In giving advice to the Minister about proposed water charge rules in relation to regulated water charges payable to infrastructure operators, the ACCC must have regard to:

                     (a)  the governance arrangements of those operators; and

                     (b)  the current charging arrangements of those operators; and

                     (c)  the history of the charging arrangements of those operators.

             (4)  The Minister must have regard to the ACCC's advice in making the water charge rules.

             (5)  The regulations must provide for the process that the Minister is to follow in making water charge rules.

             (6)  Without limiting subsection (4), the regulations must provide for consultations with the Basin States and infrastructure operators, and public consultations, as part of the process of making, amending or revoking water charge rules.

             (7)  If:

                     (a)  the Minister makes water charge rules; and

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

the Minister must, when the rules are laid before a House of the Parliament under the Legislative Instruments Act 2003 , also lay before that House a document that sets out:

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

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



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