Commonwealth Consolidated Regulations

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WATER REGULATIONS 2008 - REG 4.18

Minister must consult unless ACCC consults

  (1)   If regulation   4.16 does not apply, the Minister must, after receiving the ACCC's advice, and before proceeding with the proposal to make, amend or revoke water market rules, consult as required under regulation   4.19, unless:

  (a)   the ACCC's advice in relation to the proposal includes draft rules; and

  (b)   the Minister proposes to adopt the draft rules, or draft rules that are, in Minister's opinion, substantially the same as the draft rules; and

  (c)   the ACCC provides records of consultation to the inister, as required under paragraph   4.15(f); and

  (d)   the Minister is satisfied that, in relation to the draft rules which the Minister intends to adopt, before the ACCC provided its advice, the ACCC invited the following to make written submissions to the ACCC:

  (i)   the relevant State Minister for each Basin State;

  (ii)   irrigation infrastructure operators within the urray-Darling Basin;

  (iii)   the public; and

  (e)   the Minister is satisfied that invitations made to irrigation infrastructure operators within the Murray-Darling Basin, and the public, were made by at least one notice published in each of the following media:

  (i)   a nationally circulating newspaper;

  (ii)   for each Basin State, a newspaper with an agribusiness focus circulating in the Basin State;

  (iii)   the Internet; and

  (f)   the Minister is satisfied that the timeframes within which written submissions were to be provided to the ACCC have passed.

  (2)   In forming a view under paragraph   (1)(d), (e) or (f), the Minister must have regard to the formal records provided by the ACCC under paragraph   4.15(f).



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