New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clause 9)
(1) The licensee must provide the Minister or IPART with such information as the Minister or IPART may from time to time direct in relation to the licensee’s activities under the licence, and must provide it within such time as is specified in that direction.
(2) The licensee must immediately notify:(a) IPART, and(b) the Minister administering the Public Health Act 1991 , and(c) the Minister administering Part 2 of the Water Industry Competition Act 2006 , and(d) any licensed retail supplier that supplies water or provides sewerage services by means of the licensee’s infrastructure, and(e) any other licensed network operator or public water utility whose infrastructure is connected to the licensee’s infrastructure,of any incident in the conduct of its activities that threatens, or could threaten, water quality, public health or safety.
(3) The licensee must permit:(a) the publication on IPART’s website of such matters concerning the licensee as are required to be recorded on the Register of Licences, and(b) the disclosure between relevant government agencies of any information that the licensee has provided to any one of them, and(c) the disclosure to the general public of information as to any incidents reported under subclause (2).
(4) In this clause, "relevant government agency" means any Minister or Division of the Government Service that is involved in the administration of the Act, or to which information is provided pursuant to the Act, this Regulation or any licence condition.
(1) The licensee must not bring any new water or sewerage infrastructure into commercial operation without the written approval of the Minister.
(2) Such an approval is not to be given unless the Minister has been provided with a report, prepared by an approved auditor in such manner and form as the Minister may direct, that indicates that the infrastructure:(a) complies with the requirements of this Regulation and any licence conditions, and(b) is capable of operating safely and in accordance with its infrastructure operating plan and its water quality or sewage management plan, as the case requires.
(3) For the purposes of this clause, infrastructure that extends or expands existing infrastructure is not new infrastructure unless its design, construction or operation:(a) involves different technology to that used in connection with the existing infrastructure, or(b) is inconsistent with the infrastructure operating plan, or the water quality plan or sewage management plan, for the existing infrastructure.
The licensee must ensure that its water or sewerage infrastructure is properly designed and constructed, operated in a safe and reliable manner and maintained in a proper condition, having regard to:
(a) the purposes for which it is licensed, and
(b) the licence conditions, and
(c) any publicly available standards or codes relating to its design, construction, operation and maintenance.
(1) The licensee must comply with the requirements of:(a) the Environmental Planning and Assessment Act 1979 and any environmental planning instruments under that Act, and(b) the Protection of the Environment Operations Act 1997 and any regulations under that Act,in relation to the protection of the environment.
(2) Subclause (1) applies only in relation to the licensee’s activities under the licence.
To the extent that it applies to a network operator, the licensee must comply with any water industry code of conduct, marketing code of conduct and transfer code of conduct.
(1) Before commencing to operate water infrastructure commercially, the licensed network operator for the infrastructure must prepare, and forward to IPART, an infrastructure operating plan that indicates the arrangements that the licensee has made, or proposes to make, in relation to:(a) 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(b) the continued safe and reliable performance of the infrastructure, and(c) the continuity of water supply, and(d) alternative water supplies when the infrastructure is inoperable, and(e) the maintenance, monitoring and reporting of standards of service.
(2) The licensee:(a) must ensure that its infrastructure operating plan is fully implemented and kept under regular review and, in particular, that all of its activities are carried out in accordance with that plan, and(b) must, if the Minister so directs, amend its infrastructure operating plan in accordance with the Minister’s direction.
(3) If the Minister or IPART so demands, or if any significant change is made to its infrastructure operating plan, the licensee:(a) must provide the Minister or IPART with a report, prepared by an approved auditor in such manner and form as the Minister or IPART may direct:(i) as to the adequacy of the plan, and(ii) as to the condition of its infrastructure,having regard to the purpose for which it is licensed, or(b) must pay the Minister’s or IPART’s costs of conducting an investigation into the adequacy of the plan or the condition of its infrastructure.
(1) Before commencing to operate water infrastructure commercially, the licensed network operator for the infrastructure must prepare, and forward to IPART, a water quality plan, in relation to the water supplied from the infrastructure, that specifies:(a) 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(b) 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, 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.
(2) A water quality plan in relation to water infrastructure for drinking water must be consistent with the Australian Drinking Water Guidelines.
(3) A water quality plan in relation to water infrastructure for non-potable water must be consistent with the Australian Guidelines for Water Recycling.
(4) The licensee:(a) must ensure that its water quality plan is fully implemented and kept under regular review and, in particular, that all of its activities are carried out in accordance with that plan, and(b) must, if the Minister so directs, amend its water quality plan in accordance with the Minister’s direction.
(5) If the Minister or IPART so demands, or if any significant change is made to its water quality plan, the licensee:(a) must provide the Minister or IPART with a report, prepared by an approved auditor in such manner and form as the Minister or IPART may direct, as to the adequacy of the plan, or(b) must pay the Minister’s or IPART’s costs of conducting an investigation into the adequacy of the plan.
(1) Any water meter that is connected to a licensee’s water main must comply with the requirements of the Plumbing and Drainage Code of Practice.
(2) While water is being supplied to premises in respect of which a water meter has been installed, the licensee must ensure that:(a) the water meter is properly maintained and periodically tested, and(b) the water meter is read at intervals of no more than 4 months, and(c) written notice of each meter reading is sent to the relevant licensed retail supplier.
The licensee under a licence for water infrastructure to supply drinking water must ensure that the water supplied:
(a) is fit for human consumption, and
(b) complies with any requirements of the licence conditions, and
(c) complies with any requirements under the Public Health Act 1991 in relation to the supply of safe drinking water.
The licensee under a licence for water infrastructure to supply non-potable water for a particular purpose must ensure that the water supplied:
(a) is fit for that purpose, and
(b) complies with any requirements of the licence conditions.
The licensee must not allow a customer’s installation to be connected to the licensee’s water main unless the installation complies with the Plumbing and Drainage Code of Practice.
The licensee must have an internet website on which the following matters are available for inspection by members of the public:
(a) a plan showing the nature and general location of the infrastructure,
(b) the licensee’s infrastructure operating plan,
(c) the licensee’s water quality plan,
(d) the most recent auditor’s report under clause 6 that applies to the licensee,
(e) the most recent auditor’s report under clause 7 that applies to the licensee.
(1) Before commencing to operate sewerage infrastructure commercially, the licensed network operator for the infrastructure must prepare, and forward to IPART, an infrastructure operating plan that indicates the arrangements that the licensee has made, or proposes to make, in relation to:(a) 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(b) the continued safe and reliable performance of the infrastructure, and(c) the continuity of sewerage services, and(d) alternative sewerage services when the infrastructure is inoperable, and(e) the maintenance, monitoring and reporting of standards of service.
(2) The licensee:(a) must ensure that its infrastructure operating plan is fully implemented and kept under regular review and, in particular, that all of its activities are carried out in accordance with that plan, and(b) must, if the Minister so directs, amend its infrastructure operating plan in accordance with the Minister’s direction.
(3) If the Minister or IPART so demands, or if any significant change is made to its infrastructure operating plan, the licensee:(a) must provide the Minister or IPART with a report, prepared by an approved auditor in such manner and form as the Minister or IPART may direct:(i) as to the adequacy of the plan, and(ii) as to the condition of its infrastructure,having regard to the purpose for which it is licensed, or(b) must pay the Minister’s or IPART’s costs of conducting an investigation into the adequacy of the plan or the condition of its infrastructure.
(1) Before commencing to operate sewerage infrastructure commercially, the licensed network operator for the infrastructure must prepare, and forward to IPART, a sewage management plan, in relation to the conveyance, treatment and disposal of sewage by means of the infrastructure, that indicates:(a) the manner in which health and ecological assessments will be undertaken and any concerns arising from any such assessment addressed, and(b) the arrangements for the disposal of waste from the infrastructure.
(2) An applicant for a network operator’s licence for sewerage infrastructure is exempt from the requirement for a sewage management plan to the extent to which the infrastructure is the subject of a licence under the Protection of the Environment Operations Act 1997 .
(3) The licensee:(a) must ensure that its sewage management plan is fully implemented and kept under regular review and, in particular, that all of its activities are carried out in accordance with that plan, and(b) must, if the Minister so directs, amend its sewage management plan in accordance with the Minister’s direction.
(4) If the Minister or IPART so demands, or if any significant change is made to its sewage management plan, the licensee:(a) must provide the Minister or IPART with a report, prepared by an approved auditor in such manner and form as the Minister or IPART may direct, as to the adequacy of the plan, or(b) must pay the Minister’s or IPART’s costs of conducting an investigation into the adequacy of the plan.
The licensee must not allow a customer’s installation to be connected to the licensee’s sewer main unless the installation complies with the Plumbing and Drainage Code of Practice.
The licensee must have an internet website on which the following matters are available for inspection by members of the public:
(a) a plan showing the nature and general location of the separate components of the infrastructure (that is, each component that is used for the treatment, storage, conveyance or reticulation of sewage),
(b) the licensee’s infrastructure operating plan,
(c) the licensee’s sewage management plan,
(d) the most recent auditor’s report under clause 13 that applies to the licensee,
(e) the most recent auditor’s report under clause 14 that applies to the licensee.