New South Wales Consolidated Acts

WATER INDUSTRY COMPETITION ACT 2006 - SECT 33

33 Consideration of binding non-coverage applications by IPART

(1) On receiving a binding non-coverage application, IPART:

(a) must furnish a copy of the application to the Minister, and

(b) must furnish copies of the application to, and invite submissions on the application from, such other persons as are prescribed by the regulations, and

(c) must invite submissions on the application from the public.

(2) After considering the application and any such submissions, IPART must furnish a report on the application to the Minister.

(3) Such a report:

(a) must include a statement of IPART’s opinion as to whether or not the declaration criteria are met in relation to the service to which the application relates, and

(b) if IPART’s opinion is that any of those criteria are not met, a recommendation as to the terms in which a binding non-coverage declaration should be made and the period for which it should have effect.

(4) IPART must use its best endeavours to ensure that a report on the application is provided within 4 months after the application is made.

(5) This section does not apply to:

(a) a binding non-coverage application for an infrastructure service that is the subject of a coverage declaration or an access undertaking, or

(b) a binding non-coverage application that IPART determines, with the consent of the Minister, to be frivolous or vexatious.