WATER INDUSTRY COMPETITION ACT 2006

New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [History] [Help]

- As at 1 March 2024
- Act 104 of 2006

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

1. Name of Act
2. Commencement
2A. Objects of Act
3. Definitions
3A. Meaning of "classes" of water industry infrastructure
4. Act binds Crown

PART 2 - APPROVALS AND LICENCES FOR CERTAIN WATER INDUSTRY INFRASTRUCTURE

Division 1 - Preliminary

5. Water industry infrastructure to which Part applies
5A. Additional objects of Part

Division 2 - Requirements for approvals and licences

6. Requirements for construction of water industry infrastructure
6A. Requirements for operation of water industry infrastructure
6B. Requirements for sale of water and sewerage services from regulated schemes

Division 3 - Approvals
Note

7. Application for approval
7A. Process for dealing with an application for approval
7B. Determining an application for approval
7C. Grant of scheme approval
7D. Grant of operational approval
7E. Grant of approval--general
7F. Approval to specify certain matters
7G. Conditions of approval--imposition, variation and revocation
7H. Conditions of scheme approval
7I. Conditions of operational approval
7J. Duration of approval
7K. Variation of approval
7L. Staged approval

Division 4 - Licences

8. Operator licence
8A. Retailer licence
8B. Applying for a licence
8C. Determining an application for a licence
8D. Meaning of "suitable corporation"
8E. Operator licences to specify certain matters
8F. Retailer licences to specify certain matters
8G. Licence conditions--imposition, variation and revocation
8H. Operator licence conditions
8I. Retailer licence conditions
8J. Offence--failure to comply with licence conditions
8K. Composite operator and retailer licences
8L. Duration of licence
8M. Variation of licence
8N. Annual fees and returns
8O. Surrender of licence
8P. Transfer of licence

Division 5 - Special provisions addressing risk to public health or safety

9. Public health and safety directions

Division 6 - Enforcement and cancellation of approvals and licences

10. Statutory default
10A. Effect of criminal proceedings
10B. Compliance notice
10C. Injunctive remedies
10D. Disciplinary action by IPART
10E. Disciplinary action by Minister
10F. Court orders in addition to penalty
10G. Cancellation of approval and forfeiture of security
10H. Cancellation of approval in public interest

Division 7 - Administrative review and appeal

11. Administrative review by Civil and Administrative Tribunal
11A. Appeal to Land and Environment Court

Division 8 - Miscellaneous

12. Applications
12A. Only one registered retailer permitted for each regulated scheme
13-20. (Repealed)

PART 3 - ACCESS TO INFRASTRUCTURE SERVICES

Division 1 - Preliminary

21. Object of Part
22. Part applies only to scheduled areas
23. Declaration criteria

Division 2 - Coverage declarations

24. Applications for coverage declaration
25. Consideration of coverage applications by IPART
26. Determination of coverage applications by Minister
27. Period for which coverage declarations to have effect

Division 3 - Revocation of coverage declarations

28. Applications for revocation of coverage declaration
29. Consideration of revocation applications by IPART
30. Determination of revocation applications by Minister

Division 4 - Binding non-coverage declarations

31. Application of Division
32. Applications for binding non-coverage declaration
33. Consideration of binding non-coverage applications by IPART
34. Determination of binding non-coverage applications by Minister
35. Period for which binding non-coverage declarations to have effect
36. Binding non-coverage declarations have effect only for complying infrastructure
37. Revocation of binding non-coverage declaration

Division 5 - Access undertakings

38. Access undertakings

Division 6 - Access agreements and access determinations

39. Access agreements
40. Access determinations

Division 7 - Administration of access regime

41. Pricing principles
42. Service providers to have approved cost allocation manuals
43. Hindering access to certain services
44. Register of infrastructure services

PART 4 - SEWER MINING

45. Application of Part
46. Sewer mining determinations

PART 5 - OPERATION OF WATER INDUSTRY MARKET

Division 1AA - Small retail customer contracts for regulated schemes

46AA. Definitions
46AB. Deemed customer contracts for regulated schemes
46AC. Standard contract charges for regulated schemes
46AD. Certificates as to amounts due under customer contract
46AE. New owner liable for unpaid charges under customer contract on change of ownership of premises
46AF. Lessee may pay and recover charges under customer contract

Division 1 - Resolution of disputes

46A. Definition
47. Internal review of certain decisions disputed by small retail customers
48. Review of decisions under approved ombudsman scheme
49. Approved ombudsman scheme
50. Licence conditions relating to approved ombudsman scheme
50A. Obligations of insolvency official

Division 2 - Monopoly services and suppliers

50B. Definitions
51. Declaration of monopoly services
52. Pricing determinations for monopoly services
53. Obligations of monopoly suppliers

Division 3 - (Repealed)
None

PART 5A - LAST RESORT ARRANGEMENTS

Division 1 - Essential infrastructure and services

54. Meaning of "essential infrastructure"
54A. Revocation of determination of essential infrastructure

Division 2 - Last resort providers and contingency planning

55. Designation of last resort providers of essential service
55A. Contingency planning by last resort providers

Division 3 - Last resort events

56. Declaration of failure of essential service provider
56A. Effect of declaration of failure
56B. Provision of essential service by last resort provider
56C. Relationship between last resort provider and regulated scheme customers during failure
56D. Relationship between last resort provider and others during failure
56E. Immunity from liability for last resort providers
56F. Cost recovery scheme
56G. Obligations and rights of insolvency official

Division 4 - Review of failure and resolution

57. Review of failure by IPART
57A. Resolution of failure by acquisition by public water utility
57B. Declaration of end of failure
57C. Effect of end of failure

Division 5 - General

57D. Applications
57E. Confidentiality requirement
57F. Enforcement

PART 6 - WORK RELATING TO WATER INDUSTRY INFRASTRUCTURE

Division 1AA - Preliminary

58. Definition

Division 1 - Powers and duties relating to water industry infrastructure generally

58A. Erection and placement of water industry infrastructure
59. Damage to public roads and public reserves to be made good
60. Interference with water industry infrastructure by trees
61. Obstruction of water mains and sewer mains
62. Altering position of conduits
63. Charges for placement of water industry infrastructure
64. Ownership of water industry infrastructure
65. Meter readers

Division 2 - Powers of entry of registered operators

65A. (Repealed)
65B. Entry of land
65C. Notice of entry
65D. Use of force
65E. Compensation
65F. Certificates of authority to enter land
65G. Entry to residential premises
65H. Warrants of entry
65I. Other powers of entry unaffected

PART 7 - OFFENCES

Division 1 - Offences

66A. On-selling drinking water services
66. Exposure of underground pipes
67. Interference with water industry infrastructure
68. Interference with meters
69. Unauthorised connections
70. Unauthorised increase in capacity of connections
71. Offence to discharge into drains and sewers
72. Unauthorised use of water
73. Unlicensed plumbing and drainage work
73A. Actions that prevent continuing operation of water industry infrastructure
73B. Obstruction of auditor or technical expert
73C. Provision of false or misleading information to auditor
73D. Provision of false or misleading information to Minister or IPART
73E. Victimisation

Division 2 - (Repealed)
None

Division 3 - General

82. Penalty notices
82A. Provision of information, records and answering questions--self-incrimination
82B. Increase in penalties if operation of infrastructure causes harm to public health or safety
83. Court may order disconnection and discontinuance of water supply
84. Court may order payment for stolen water

PART 7A - ENFORCEMENT

Division 1 - Preliminary

84A. Purposes for which functions may be exercised
84B. Appointment of inspectors

Division 2 - Information and records

84C. Application of Division
84D. Powers to require information and records
84E. Power to require answers to questions
84F. Recording of evidence
84G. Power of inspector to demand name and address

Division 3 - Entry and search of land

84H. Powers of inspector to enter land
84I. Entry into residential land only with permission or warrant
84J. Powers of inspector to do things on land
84K. Search warrants
84L. Inspector may request assistance
84M. Assistance to be given to inspector
84N. Care to be taken
84O. Compensation

Division 4 - General

84P. Identification
84Q. Offences
84R. Revocation or variation

PART 8 - FUNCTIONS OF IPART

Division 1 - Auditing functions

85. Compliance functions
85A. Compliance audits
86. Recovery of IPART's costs
87. Power to direct registered operators and licensees to keep records and furnish information
88. (Repealed)
89. Annual reports

Division 1A - Register

89A. Register of approvals and licences
89B. Information on register
89C. Substitution of registered operator
89D. Substitution of registered retailer

Division 2 - Regulatory functions

90. Regulatory functions

Division 3 - Miscellaneous

91. Investigations by IPART
91A. Advice to Minister
92. IPART guidelines
93. Exclusion of Part 3, Division 3, of Independent Pricing and Regulatory Tribunal Act 1992
93A. Extension of application of Parts 6 and 7 to declared operators
93B. Time limit for determination of applications

PART 9 - MISCELLANEOUS

94. Delegation of functions
94A. Disclosure of records and information
94B. Sharing of land ownership information
95. Service of documents
95A. Extraterritorial application
96. Personal liability
96A. Continuing offences
97. Liability of directors and managers for offences by corporation--offences attracting executive liability
97A. Liability of directors etc for offences by corporation--accessory to the commission of the offences
97B. Evidence as to state of mind of corporation
97C. Corporations Act displacement
98. Proceedings for offences
98A. Time within which proceedings may be commenced
99. Recovery of monetary penalties
100. Evidentiary certificates
101. Regulations
102. (Repealed)
103. Savings, transitional and other provisions
104. Review of Act
SCHEDULE 1
SCHEDULE 2
Schedule 3 (Repealed)
SCHEDULE 4
Dictionary

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback