New South Wales Consolidated Regulations

WATER INDUSTRY COMPETITION (GENERAL) REGULATION 2008 - REG 6

6 Applications for licences

(1) An application for a network operator’s licence for water infrastructure must address each of the matters referred to in section 10 (4) (a)-(e) of the Act that is relevant to that kind of licence and must include, or be accompanied by:

(a) information as to the activities for which the licence is sought and the area within which those activities are proposed to be carried out, and

(b) a comprehensive statement as to:

(i) the events and circumstances that could adversely affect the applicant’s ability to carry out the activities for which the licence is sought, and

(ii) the probability of the occurrence of any such event or circumstance, and

(iii) the measures to be taken by the applicant to prevent or minimise the likelihood of any such event or circumstance, and

(c) a comprehensive statement as to the arrangements that the applicant has made, or proposes to make, in relation to:

(i) the design, construction, operation and maintenance of the infrastructure, including particulars as to the life-span of the infrastructure, the system redundancy built into the infrastructure and the arrangements for the renewal of the infrastructure, and

(ii) the continued safe and reliable performance of the infrastructure, and

(iii) the continuity of water supply, and

(iv) alternative water supplies when the infrastructure is inoperable, and

(v) the maintenance, monitoring and reporting of standards of service, and

(d) a comprehensive statement, in relation to the water supplied from the infrastructure, that specifies:

(i) if the water so supplied is drinking water, how the 12 elements of the framework for the management of drinking water quality, as detailed in the Australian Drinking Water Guidelines, have been addressed and will be implemented and maintained, and

(ii) if the water so supplied is non-potable water, how the 12 elements of the framework for the management of recycled water quality and use, as detailed in the Australian Guidelines for Water Recycling, have been addressed and will be implemented and maintained and, having regard to those guidelines, the purposes for which the water may be used and the purposes for which the water may not be used, and

(e) any other information that will be required for inclusion in the Register of Licences.

(2) An application for a network operator’s licence for sewerage infrastructure must address each of the matters referred to in section 10 (4) (a)-(e) of the Act that is relevant to that kind of licence and must include, or be accompanied by:

(a) information as to the activities for which the licence is sought and the area within which those activities are proposed to be carried out, and

(b) a comprehensive statement as to:

(i) the events and circumstances that could adversely affect the applicant’s ability to carry out the activities for which the licence is sought, and

(ii) the probability of the occurrence of any such event or circumstance, and

(iii) the measures to be taken by the applicant to prevent or minimise the likelihood of any such event or circumstance, and

(c) a comprehensive statement as to the arrangements that the applicant has made, or proposes to make, in relation to:

(i) the design, construction, operation and maintenance of the infrastructure, including particulars as to the life-span of the infrastructure, the system redundancy built into the infrastructure and the arrangements for the renewal of the infrastructure, and

(ii) the continued safe and reliable performance of the infrastructure, and

(iii) the continuity of sewerage services, and

(iv) alternative sewerage services when the infrastructure is inoperable, and

(v) the maintenance, monitoring and reporting of standards of service, and

(d) a comprehensive statement, in relation to the conveyance, treatment and disposal of sewage by means of the infrastructure, as to:

(i) the manner in which health and ecological assessments will be undertaken and any concerns arising from any such assessment addressed, and

(ii) the arrangements for the disposal of waste from the infrastructure, and

(e) any other information that will be required for inclusion in the Register of Licences.

(3) An applicant for a network operator’s licence for sewerage infrastructure is exempt from the requirements of subclause (2) (b) to the extent to which the infrastructure is the subject of a licence under the Protection of the Environment Operations Act 1997 .

(4) For the purpose of considering the application, either the Minister or IPART may direct the applicant to furnish further information within a specified time.