New South Wales Consolidated Regulations

WATER INDUSTRY COMPETITION (GENERAL) REGULATION 2008 - REG 33

33 Exemption from licensing requirements: transitional provision

(1) This clause applies to any water or sewerage infrastructure:

(a) whose construction commenced before 8 August 2008, or

(b) that was being operated immediately before 8 August 2008.

(2) Water or sewerage infrastructure to which this clause applies is exempt from the operation of section 5 of the Act:

(a) until 8 August 2010, or

(b) if an application for a licence in relation to the infrastructure is lodged at the office of IPART before that date:

(i) until the application is finally determined, or

(ii) until the applicant is notified by IPART that the applicant has failed to comply with a direction to supply further information under clause 6 (4) or 10 (3),

whichever first occurs.

(3) In their application to infrastructure to which this clause applies:

(a) clauses 6 (1) and 7 (1) of Schedule 1 are to be construed as if the words “Before commencing to operate water infrastructure commercially” were replaced by the words “Within 6 months after being granted a network operator’s licence for water infrastructure”, and

(b) clauses 13 (1) and 14 (1) of Schedule 1 are to be construed as if the words “Before commencing to operate sewerage infrastructure commercially” were replaced by the words “Within 6 months after being granted a network operator’s licence for sewerage infrastructure”.