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WATER INDUSTRY COMPETITION ACT 2006 - As at 1 March 2024 - Act 104 of 2006

- As at 1 March 2024 - Act 104 of 2006

Table of Provisions

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

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

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

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