New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clause 13)
(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 network operator by means of whose infrastructure the retailer supplies water or provides sewerage services,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:(a) must implement any relevant government policy that applies to it, and(b) must ensure that details of any such policy are forwarded to each of its customers at least once every quarter, and(c) must furnish a report to IPART and to the relevant Department Head, as soon as practicable after the end of each quarter, as to:(i) the identity of each customer to whom any payment assistance, discount or rebate has been given during that quarter pursuant to any such policy, and(ii) the amount of any such payment assistance, discount or rebate, and(d) must furnish a report to any licensee to which there is a transfer of water supplies or sewerage services in respect of a customer referred to in paragraph (c) (i), as soon as practicable after the transfer takes effect, as to:(i) the fact that the customer has been receiving any payment assistance, discount or rebate pursuant to any such policy, and(ii) the amount of any such payment assistance, discount or rebate.
(2) This clause does not apply to a licence for the supply of water to a customer who also receives water from a public water utility, another licensee or some other person unless the water supplied under the licence is or includes drinking water.
(3) In this clause:
"quarter" means the 3-month period ending 31 March, 30 June, 30 September or 31 December in any year.
"relevant Department Head" means:(a) in relation to customers whose premises are located within the area of operations of a water supply authority, council or county council, the Director-General of the Department of Local Government, and(b) in relation to customers whose premises are located within the area of operations of the Sydney Water Corporation or Hunter Water Corporation, the Director-General of the Department of Water and Energy."relevant government policy" means government policy with respect to social programs for the supply of water and the provision of sewerage services, as referred to in section 13 (3) (a) of the Act.
(1) Any notice that the licensee is required to send to its customers, whether by the Act, this Regulation or a licence condition, must include, or be accompanied by, information as to the existence of, and the telephone numbers for, any community translation services that are available.
(2) Such information is to be given:(a) in English, Arabic, Cantonese, Greek, Italian, Spanish and Vietnamese, and(b) in such other languages as are spoken by more than 3 per cent of the population within the licensee’s area of operations.
(1) The licensee:(a) must establish and comply with a code of practice for customer complaints, whether in relation to:(i) the supply of water, or the provision of sewerage services, by the licensee, or(ii) the operation of the water or sewerage infrastructure from which that water is supplied or those services provided, and(b) must provide copies of that code of practice to the Minister, IPART and to the ombudsman, and(c) must keep its customers informed as to:(i) the provisions of that code of practice, and(ii) the existence of the ombudsman, and the procedure for referring complaints or disputes to the ombudsman, and(d) must furnish periodic reports to the Minister and IPART, in relation to the complaints it receives, in such form, and containing such information, as the Minister or IPART requires.
(2) A code of practice referred to in subclause (1) must conform to the requirements of AS/ISO 10002-2006.
(3) In subclause (2), "AS/ISO 10002-2006" means the Australian Standard entitled AS ISO 10002-2006, Customer Satisfaction-Guidelines for complaints handling in organizations , as published by Standards Australia in April 2006.
(1) The licensee:(a) must establish and comply with a code of practice for debt recovery, and(b) must provide copies of that code of practice to the Minister, IPART and to the ombudsman, and(c) must keep its customers informed as to the provisions of that code of practice.
(2) The code must provide for the deferment, in whole or in part, of payments owed by customers suffering financial hardship.
The licensee must comply with any water industry code of conduct, marketing code of conduct and transfer code of conduct.
(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.
(1) Before commencing to carry out activities under a retail supplier’s licence for the supply of water, the licensee must prepare, and forward to IPART, a retail supply management plan that indicates the arrangements that the licensee has made, or proposes to make, in relation to:(a) the events and circumstances that could adversely affect the licensee’s ability to supply water, and(b) the probability of the occurrence of any such event or circumstance, and(c) the measures to be taken by the licensee:(i) to prevent the occurrence, or minimise the effect, of any such event or circumstance, and(ii) to arrange for alternative supplies of water in response to any such event or circumstance, and(d) the arrangements that the licensee has made, or proposes to make, to ensure that it complies with:(i) its code of practice for customer complaints and its code of practice for debt recovery, and(ii) the marketing code of conduct and the transfer code of conduct.
(2) The licensee:(a) must ensure that its retail supply 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 retail supply management 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 retail supply 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.
(1) The licensee under a retail supplier’s licence for the supply of non-potable water:(a) must inform any customer to which such water is supplied as to the authorised purposes in relation to that water, and(b) must not supply such water to any customer for use for any other purpose.
(2) Subclause (1) (b) does not prevent the supply of non-potable water to a customer for use for an unauthorised purpose if the water is to be processed by the customer so as to become water for which that purpose is an authorised purpose.
(1) The licensee must not enter into water supply arrangements under which it assumes obligations that it is unable to meet, or advertise that it is willing to enter into such arrangements, having regard to:(a) the capacity of the relevant water source to supply water or the volume of water available to the licensee from that water source, and(b) the quality of the water derived from that water source, and(c) the water infrastructure from which the water is to be supplied, and(d) the conditions on which the licensee has access to the infrastructure services provided by that infrastructure, whether pursuant to an access agreement or access determination or otherwise.
(2) The licensee must not enter into a water supply arrangement with a customer unless the premises to which the water is to be supplied are connected to, or readily connectible to, a water main to which the licensee has access, whether pursuant to an access agreement or access determination or otherwise.
(1) The licensee must not terminate the supply of water to any of its customers within the whole or any part of its area of operations unless it has caused at least 14 days’ written notice of its intention to do so to be given to the Minister and to IPART.
(2) This clause does not apply in relation to any customer (other than a small retail customer) with whom the licensee has entered into a water supply arrangement that sets out procedures to be followed in connection with the interruption or termination of water supply.
The licensee must ensure that its customers are kept informed of any water restriction that applies to them in any bill or other correspondence that it sends to them while the restriction is in force.
(1) The licensee must have an internet website on which the following matters are available for inspection by members of the public:(a) the licensee’s standard water supply contract for small retail customers,(b) the licensee’s retail supply management plan,(c) the licensee’s code of practice for customer complaints,(d) the licensee’s code of practice for debt recovery,(e) details of any relevant government policy that applies to the licensee,(f) the most recent auditor’s report under clause 8 that applies to the licensee,(g) the existence of any water restriction order that is in force in its area of operations.
(2) In this clause, "relevant government policy" means government policy with respect to social programs for the supply of water, as referred to in section 13 (3) (a) of the Act.
(1) The licensee must not supply water to a small retail customer otherwise than under a water supply contract.
(2) Such a contract must address each of the matters referred to in the Table to this clause.
(3) Such a contract must also provide that the licensee must not:(a) disconnect the customer’s premises from the licensee’s water main, or(b) reduce the flow of drinking water from that main below that necessary for basic sustenance and hygiene,as a consequence of the customer’s non-payment of a debt.
(4) A licensee that proposes to supply water to a small retail customer on terms that are different to those set out in the licensee’s standard water supply contract referred to in clause 13 (1) (a) must notify the customer of the various differences before the customer enters into the contract.
(5) Before entering into a contract to supply water to a small retail customer, the licensee must provide the customer with a disclosure notice that specifies:(a) the customer’s name, and the address of the premises to be supplied, and(b) the date on which supply is to commence, and(c) the fees and charges that will be payable in respect of the supply, and(d) the circumstances in which the customer’s premises may be disconnected from the water main, and(e) the licensee’s procedures for handling customer complaints, and(f) the existence of any government-funded rebates for which the customer may be eligible, and(g) where the customer can obtain a copy of the contract.
Table
The name and address of the customer The location of the premises to which water is to be supplied The date on and from which (and, if applicable, the date until which) water is to be supplied The licensee’s current charges for the supply of water The way in which the customer will be notified of any change in the licensee’s charges for the supply of water The availability of payment assistance, discounts and rebates under any government policy with respect to social programs for the supply of water The information to be included in any bill for the supply of water, which must include information as to past and present water consumption The length of the billing period for any such bill The time allowed for payment of any such bill and the manner in which payment may be made The procedures available for dealing with disputed bills, including procedures for reconciling under- or over-charging The charges applicable to overdue accounts and dishonoured payments The charges applicable to connecting the customer’s premises to the relevant water main Any other charges that may be applicable The arrangements for responding to requests by customers for meter testing A description of the customer’s connection point to the relevant water main The identity of the service provider by means of whose infrastructure water is to be supplied to the consumer The licensee’s postal address and telephone number The arrangements under which access may be gained to the customer’s premises for meter inspection and other purposes The arrangements to be made in the event that the customer vacates the premises to which the licensee supplies water The allocation of responsibility for maintaining and testing water meters The water source (or water sources) from which the licensee derives its supply of water The rate at which water is to be available for supply to the customer’s premises, whether generally or during specified periods The minimum pressure at which water is to be supplied The purposes for which the water may be used The precautions that have been taken to prevent cross-contamination with other water The precautions that the customer must take to prevent cross-contamination with other water and contamination of any water source The circumstances in which water may not be available for supply to the customer’s premises, the notice that will be given to customers and the arrangements that are in place for the supply of water in those circumstances
(1) Before commencing to carry out activities under a retail supplier’s licence for the provision of sewerage services, the licensee must prepare, and forward to IPART, a retail supply management plan that indicates the arrangements that the licensee has made, or proposes to make, in relation to:(a) the events and circumstances that could adversely affect the licensee’s ability to provide sewerage services, and(b) the probability of the occurrence of any such event or circumstance, and(c) the measures to be taken by the licensee:(i) to prevent the occurrence, or minimise the effect, of any such event or circumstance, and(ii) to arrange for the provision of alternative sewerage services in response to any such event or circumstance, and(d) the arrangements that the licensee has made, or proposes to make, in relation to complaint and debt recovery procedures.
(2) The licensee:(a) must ensure that its retail supply 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 retail supply management 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 retail supply 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.
(1) The licensee must not enter into sewerage service arrangements under which it assumes obligations that it is unable to meet, or advertise that it is willing to enter into such arrangements, having regard to:(a) the sewerage infrastructure from which those services are to be provided, and(b) any limitations on the capacity of that infrastructure to dispose of waste, and(c) the conditions on which the licensee has access to the infrastructure services provided by that infrastructure, whether pursuant to an access agreement or access determination or otherwise.
(2) The licensee must not enter into a sewerage service arrangement with a customer unless the premises to which the service is to be provided are connected to, or readily connectible to, a sewer main to which the licensee has access, whether pursuant to an access agreement or access determination or otherwise.
The licensee must not terminate the provision of sewerage services to any of its customers within the whole or any part of its area of operations unless it has caused at least 14 days’ written notice of its intention to do so to be given to the Minister and to IPART.
(1) The licensee must have an internet website on which the following matters are available for inspection by members of the public:(a) the licensee’s sewerage service contract for small retail customers,(b) the licensee’s retail supply management plan,(c) the licensee’s code of conduct for customer complaints,(d) the licensee’s code of conduct for debt recovery,(e) details of any relevant government policy that applies to the licensee,(f) the most recent auditor’s report under clause 15 that applies to the licensee.
(2) In this clause, "relevant government policy" means government policy with respect to social programs for the provision of sewerage services, as referred to in section 13 (3) (a) of the Act.
(1) The licensee must not provide a sewerage service to a small retail customer otherwise than under a sewerage service contract.
(2) Such a contract must address each of the matters referred to in the Table to this clause.
(3) Such a contract must also provide that the licensee must not:(a) disconnect the customer’s premises from the licensee’s sewer main, or(b) reduce the flow of sewage into that main below that necessary for basic hygiene,as a consequence of the customer’s non-payment of a debt.
(4) Before entering into a contract to supply a sewerage service to a small retail customer, the licensee must provide the customer with a disclosure notice that specifies:(a) the customer’s name, and the address of the premises to be supplied, and(b) the date on which supply is to commence, and(c) the fees and charges that will be payable in respect of the supply, and(d) the circumstances in which the customer’s premises may be disconnected from the sewer main, and(e) the licensee’s procedures for handling customer complaints, and(f) the existence of any government-funded rebates for which the customer may be eligible, and(g) where the customer can obtain a copy of the contract.
Table
The name and address of the customer The location of the premises to which sewerage services are to be provided The date on and from which (and, if applicable, the date until which) sewerage services are to be provided The precautions to be taken by the customer to prevent blockages or damage to the sewer main The licensee’s current charges for the provision of sewerage services The way in which the customer will be notified of any change in the licensee’s charges for the provision of sewerage services The availability of payment assistance, discounts and rebates under any government policy with respect to social programs for the provision of sewerage services The information to be included in any bill for the provision of sewerage services, which (where sewage discharge is metered) must include information as to past and present sewage discharge The length of the billing period for any such bill The time allowed for payment of any such bill and the manner in which payment may be made The procedures available for dealing with disputed bills, including procedures for reconciling under- or over-charging The charges applicable to overdue accounts and dishonoured payments The charges applicable to connecting the customer’s premises to the relevant sewer main Any other charges that may be applicable A description of the customer’s connection point to the relevant sewer main The identity of the service provider by means of whose sewerage infrastructure sewerage services are to be provided to the consumer The licensee’s postal address and telephone number The arrangements under which access may be gained to the customer’s premises for meter inspection and other purposes The arrangements to be made in the event that the customer vacates the premises to which the licensee provides sewerage services The nature of the matter to be discharged into the sewer main The rate at which matter may be discharged into the sewer main from the customer’s premises, whether generally or during specified periods The arrangements that are in place to deal with sewage blockages or overflows The arrangements that are in place in relation to the repair and maintenance of the sewerage infrastructure from which the sewerage service is to be provided The precautions that the customer must take to prevent contamination of any water source The circumstances in which the sewerage service may not be available for the customer’s premises, the notice that will be given to customers and the arrangements that are in place for the provision of sewerage services in those circumstances