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Contents (2018 - 480)
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Water Management (General) Regulation 2018
Current version for 7 February 2020 to date (accessed 5 April 2020 at 18:10)
Part 2 Division 1 Clause 20
20   Determining value of water illegally taken
(1)  For the purposes of section 60G(1)(a) of the Act, the value of water illegally taken from a water source is to be determined in accordance with this clause.
(2) No trading prices published for any period If no trading price data has been published for any period for the water source, the value of water illegally taken is to be determined by multiplying the relevant published water access (entitlement) charge for the valley in which the water source is located for the water year in which the illegal taking of water began (expressed in dollars per megalitre) by the volume of water illegally taken (expressed in megalitres).
(3) Trading prices published for month or some or all months in which water illegally taken If trading price data has been published for the water source for the month or some or all of the months in which water was illegally taken, the value of water illegally taken is to be determined by establishing the weighted average trading price for the water source published for the month or months in which water was illegally taken (expressed in dollars per megalitre) and multiplying that weighted average by the volume of water illegally taken (expressed in megalitres).
(4) Trading prices published for year in which illegal taking of water began and illegal taking of water began in previous water year If the illegal taking of water began in a water year previous to the current water year and trading price data has been published for the water source for that previous water year but not for the month or months in which water was illegally taken, the value of water illegally taken is to be determined by establishing the weighted average trading price for the water source published for that previous water year (expressed in dollars per megalitre) and multiplying it by the volume of water illegally taken (expressed in megalitres).
(5) Trading prices published but not for month or months in which water illegally taken and illegal taking of water began in current water year If the illegal taking of water began in the current water year and no trading price data has been published for the water source for the month or months in which water was illegally taken (whether or not trading price data has been published for the water source for any other month in the current year) and—
(a)  trading price data has been published for the water year previous to the current water year—the value of water illegally taken is to be determined by establishing the weighted average trading price for the water source published for that previous water year (expressed in dollars per megalitre) and multiplying that weighted average by the volume of water illegally taken (expressed in megalitres), or
(b)  trading price data has not been published for the water year previous to the current water year—the value of water illegally taken is to be determined by multiplying the published water access (entitlement) charge for the valley in which the water source is located for that previous water year (expressed in dollars per megalitre) by the volume of water illegally taken (expressed in megalitres).
(6) No trading prices published for year in which illegal taking of water began and illegal taking of water began in previous water year If the illegal taking of water began in a water year previous to the current water year and no trading price data has been published for the water source for any month during that previous water year, the value of water illegally taken is to be determined by multiplying the published water access (entitlement) charge for the valley in which the water source is located for that previous water year (expressed in dollars per megalitre) by the volume of water illegally taken (expressed in megalitres).
(7)  In this clause—
illegally taken means taken in contravention of Division 1A of Part 2 of the Act.
published means published on the Department’s website.
trading price data means data about assignments of water allocations under section 71T of the Act occurring in any month, but not any other dealings.
water access (entitlement) charge is the annual charge per unit of entitlement that would be payable under the 1-part tariff for an unregulated river access licence or an aquifer access licence, as imposed by the Minister pursuant to section 114 of the Act.
Note 1.
 This definition does not apply to regulated river access licences because regulated rivers have trading prices.
Note 2.
 Details relating to the 1-part tariff for unregulated river access licences and aquifer access licences are published on the Department’s website.