New South Wales Consolidated Regulations

WATER INDUSTRY COMPETITION (ACCESS TO INFRASTRUCTURE SERVICES) REGULATION 2007 - REG 10

10 Basis on which dispute may be determined

(1) For the purpose of determining a dispute by the date currently notified under clause 9, the arbitrator may make his or her determination on the basis of the information then available and on any assumptions that it is reasonable to make as to any information not then available.

(2) For the purpose of determining a dispute between a service provider and an access seeker with respect to an infrastructure service the subject of a coverage declaration or access undertaking, the arbitrator may assume, in the absence of evidence to the contrary, that the service provider is able to provide the access seeker with such access to the service as is sought by the access seeker.

(3) Before determining a dispute, the arbitrator must give written notice to the parties to the dispute:

(a) of any assumptions that the arbitrator proposes to make for the purposes of his or her determination, and

(b) of each party’s right to make submissions to the arbitrator with respect to any of those assumptions, and

(c) of the date by which any such submissions should be lodged with the arbitrator.

(4) Failure to give such notice does not affect the validity of the arbitrator’s determination.

Note: See section 40 (10) of the Act which requires the arbitrator to give effect to any relevant access undertaking and prohibits the arbitrator from making a determination that would put the service provider in breach of its other legal obligations.