Commonwealth Consolidated Regulations

WATER REGULATIONS 2008 - REG 4.15

    In proposing to make, amend or revoke water market rules under subsection   97(1) of the Act, the Minister:

  (a)   must ask the ACCC for advice before proceeding with the proposal; and

  (b)   may ask the ACCC to provide draft rules as part of its advice; and

  (c)   must, by written notice, require the ACCC to provide its advice by a specified date; and

  (d)   may, by written notice, extend the timeframe within which the ACCC is to provide its advice; and

  (e)   must ask the ACCC to provide with its advice a schedule of any consultations that it undertook for the purpose of providing its advice, including any written submissions and any meetings and hearings; and

  (f)   may ask the ACCC to provide the formal records of the consultations listed in the schedule; and

  (g)   must have regard to any records of consultation provided by the ACCC, including records relating to consultation with the Basin States, irrigation infrastructure operators and the public; and

  (h)   must ask the ACCC to identify which, if any, of the records of consultation it provided to the Minister the ACCC is not permitted to publish; and

  (i)   may adopt the ACCC's draft rules, with or without variation; and

  (j)   may develop rules, amendments to rules or revocations of rules, having regard to the ACCC's advice, if the Minister decides not to adopt the ACCC's draft rules, or if the ACCC does not include draft rules as part of its advice.

Note 1:   The Minister must ask the ACCC to provide advice about water market rules (see subsection   98(1) of the Act).

Note 2:   Several terms used in these regulations are defined in the Act, including Basin State, infrastructure operator and water market rules .