WATER INDUSTRY COMPETITION ACT 2006 -

New South Wales Consolidated Acts

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WATER INDUSTRY COMPETITION ACT 2006 -

DICTIONARY

(Section 3)

"access agreement" means an agreement referred to in section 39.
"access determination" means an arbitrator’s determination under section 40.
"access seeker", in relation to an infrastructure service, means a person who wants access to the service or wants a change to some aspect of the person’s existing access to the service.
"access undertaking" means an access undertaking established under section 38.
"approved ombudsman scheme" means a scheme approved under section 49.
"area of operations" means:

(a) in relation to a licensee, the area within which the licensee is authorised to exercise the powers conferred by the licence, and

(b) in relation to the Sydney Water Corporation, the area of operations established for that Corporation under section 10 of the Sydney Water Act 1994 , and

(c) in relation to the Hunter Water Corporation, the area of operations established for that Corporation under section 16 of the Hunter Water Act 1991 , and

(d) in relation to a water supply authority, the area of operations established for that authority under section 289 of the Water Management Act 2000 , and

(e) in relation to a council, the council’s local government area under the Local Government Act 1993 , and

(f) in relation to a county council, the area of operations established for the county council under section 393 of the Local Government Act 1993 .

"authorised licensed network operator" means a licensed network operator that is a prescribed authority within the meaning of section 88A of the Conveyancing Act 1919 .
"binding non-coverage application" means an application referred to in section 32.
"binding non-coverage declaration" means a declaration under section 34.
"council" has the same meaning as it has in the Local Government Act 1993 .
"county council" has the same meaning as it has in the Local Government Act 1993 .
"coverage application" means a coverage application referred to in section 24.
"coverage declaration" means a declaration under section 26.
"declaration criteria" means the criteria set out in section 23.
"Department" means the Department of Energy, Utilities and Sustainability.
"Director-General" means the Director-General of the Department.
"disqualified corporation" means:

(a) a corporation that, pursuant to a declaration under section 16 (1) (e), has been declared to be a disqualified corporation for the purposes of this Act, or

(b) a corporation that has, as one of its directors or as one of the persons concerned in its management, an individual who is a disqualified individual.

"disqualified individual" means:

(a) an individual who, pursuant to the Corporations Act 2001 of the Commonwealth, is prohibited from managing a corporation, or

(b) an individual who, pursuant to a declaration under section 16 (1) (f), is a disqualified individual for the purposes of this Act, or

(c) an individual who is a director of a disqualified corporation or is concerned in the management of a disqualified corporation.

"exercise" a function includes perform a duty.
"function" includes a power, authority or duty.
"infrastructure service" means the storage, conveyance or reticulation of water or sewage by means of water industry infrastructure, and includes the provision of connections between any such infrastructure and the infrastructure of the person for whom water or sewage is stored, conveyed or reticulated, but:

(a) does not include the storage of water behind a dam wall, and

(b) does not include:
(i) the filtering, treating or processing of water or sewage, or

(ii) the use of a production process, or

(iii) the use of intellectual property, or

(iv) the supply of goods (including the supply of water or sewage),
except to the extent to which it is a subsidiary but inseparable aspect of the storage, conveyance or reticulation of water or sewage.

"inspector" means an inspector appointed under section 74.
"IPART" means the Independent Pricing and Regulatory Tribunal.
"land" includes (in Division 2 of Part 6 and Division 2 of Part 7) any building or part of a building, or any structure or part of a structure, located on, under or above land.
"licence" means a network operator’s licence or a retail supplier’s licence.
"licensed network operator" means the licensee under a network operator’s licence.
"licensed retail supplier" means the licensee under a retail supplier’s licence.
"monopoly supplier" means a licensee that is a monopoly supplier pursuant to an order in force under section 51.
"network operator’s licence" means a licence referred to in section 6 (1) (a).
"ombudsman" means the ombudsman appointed under an approved ombudsman scheme.
"public reserve" has the same meaning as it has in the Local Government Act 1993 .
"public road" has the same meaning as it has in the Roads Act 1993 .
"public water utility" means:

(a) the State Water Corporation, or

(b) the Sydney Catchment Authority, or

(c) the Sydney Water Corporation, or

(d) the Hunter Water Corporation, or

(e) a water supply authority within the meaning of the Water Management Act 2000 , or

(f) a council or county council exercising water or sewerage functions.

"recycled water" means water obtained from the processing of sewage.
"related person", in relation to an individual, means some other individual who is the firstmentioned individual’s:

(a) employer, employee or partner, or

(b) spouse, de facto partner, parent, step-parent, grandparent, child, step-child, grandchild, sibling, step-sibling, nephew or niece.

Note: “De facto partner” is defined in section 21C of the Interpretation Act 1987 .

"retail supplier’s licence" means a licence referred to in section 6 (1) (b).
"retailer of last resort" means a person who is a retailer of last resort pursuant to an order in force under section 54.
"revocation application" means a revocation application referred to in section 28.
"revocation declaration" means a declaration under section 30.
"roads authority" has the same meaning as it has in the Roads Act 1993 .
"scheduled area" means an area specified in Schedule 1.
"service provider", in relation to an infrastructure service, means the person who has, or is to have, control of the water industry infrastructure by means of which the service is, or is to be, provided, whether or not the person is a licensed network operator.
"sewer main" means such part of a network operator’s sewerage infrastructure as comprises the main sewage pipe into which sewage is discharged from premises.
"sewer miner" means a person who draws from the contents of a service provider’s sewers or who wants to do so.
"sewerage infrastructure" means any infrastructure that is, or is to be, used for the treatment, storage, conveyance or reticulation of sewage, including any outfall pipe or other work that stores or conveys water leaving the infrastructure, but does not include any pipe, fitting or apparatus that is situated upstream of a customer’s connection point to a sewer main.
"small retail customer" means a person who belongs to a class of persons who are declared by the regulations to be small retail customers for the purposes of this Act.
"stormwater drain" means such part of a network operator’s water infrastructure as comprises the main drain into which stormwater is discharged from premises.
"water" includes stormwater and recycled water, but does not include sewage.
"water industry infrastructure" means water infrastructure or sewerage infrastructure.
"water infrastructure" means any infrastructure that is, or is to be, used for the production, treatment, filtration, storage, conveyance or reticulation of water, but does not include:

(a) any pipe, fitting or apparatus that is situated downstream of a customer’s connection point to a water main, or

(b) any pipe, fitting or apparatus that is situated upstream of a customer’s connection point to a stormwater drain.

"water main" means such part of a network operator’s water infrastructure as comprises the main water pipe from which water is distributed to premises.
"water supply or sewerage service contract" means a contract under which a licensed retail supplier agrees to supply water, or provide sewerage services, to a customer.

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