WATER INDUSTRY COMPETITION ACT 2006 - As at 1 March 2024 - Act 104 of 2006
- As at 1 March 2024 - Act 104 of 2006Table 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
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
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
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
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)
NonePART 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
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)
NoneDivision 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
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
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