New South Wales Consolidated Acts

WATER INDUSTRY COMPETITION ACT 2006 - SECT 46

46 Sewer mining determinations

(1) If a dispute exists between a service provider and a sewer miner:

(a) as to the terms of any agreement under which the sewer miner is to be permitted to draw from the contents of the service provider’s sewerage infrastructure, or

(b) as to any matter arising under an agreement referred to in paragraph (a) that provides for a dispute as to that matter to be dealt with in accordance with this section, or

(c) as to any matter arising under a determination under this section,

either party to the dispute may apply to IPART for the dispute to be determined by arbitration.

(2) The dispute may be dealt with by IPART or by such other person as IPART may nominate to arbitrate the dispute.

(3) At any time after commencement of proceedings on an application under this section, the arbitrator may require the service provider to cause notice of the proceedings to be given to other persons permitted to draw from the contents of the service provider’s sewerage infrastructure.

(4) Subject to this section and the regulations, the Commercial Arbitration Act 2010 applies to an arbitration under this section, and to any determination arising from an arbitration under this section, as if a reference in that Act to an award were a reference to a determination under this section.

(5) In considering the terms of a proposed determination, the arbitrator:

(a) must give effect to the service provider’s policy with respect to the granting of permission to draw from the contents of its sewerage infrastructure, and

(b) subject to paragraph (a), must have regard to such matters as are prescribed by the regulations.

(6) Before making a determination, the arbitrator:

(a) must cause copies of the proposed determination to be given to each of the parties to the dispute, and

(b) must give each of the parties an opportunity to make submissions to the arbitrator in relation to the proposed determination.

(7) The arbitrator must use his or her best endeavours to determine the dispute within 6 months after the application for the dispute to be determined is made to IPART.

(8) On making a determination under this section, the arbitrator must cause a notice of the determination (which notice must include a summary of the determination) to be given to IPART.

(9) On receiving such a notice, IPART must cause the information contained in the notice to be made available to the public on IPART’s internet website.