New South Wales Consolidated Regulations

WATER INDUSTRY COMPETITION (GENERAL) REGULATION 2008 - REG 21

21 Declaration of supply failure: section 56 (2)

(1) The following circumstances are prescribed as circumstances in which the Minister may declare a supply failure in relation to a licensed retail supplier:

(a) where, as a consequence of action taken under section 15 or 16 of the Act, the licensee is no longer authorised to supply water or provide sewerage services, as the case may be, to its customers in the whole or any part of its area of operations,

(b) where the licensee has refused to supply water or provide sewerage services to its small retail customers in the whole or any part of its area of operations without having made adequate arrangements for the transfer of the water supply or sewerage services to some other licensed retail supplier or public water utility,

(c) where the licensee has given written notice to the Minister of its intention to terminate the supply of water, or the provision of sewerage services, to some or all of its customers,

(d) where the licensee is unable, or the Minister is satisfied that it is imminently likely to become unable, to supply water or provide sewerage services to its customers in the whole or any part of its area of operations.

(2) As soon as practicable after a supply failure is declared in relation to a licensed retail supplier, the supplier must provide the relevant retailer of last resort with such information as the transfer code of conduct requires to be provided in those circumstances.