{"id":"nsw:sl-2021-0496","name":"Water Industry Competition (Access to Infrastructure Services) Regulation 2021","slug":"water-industry-competition-access-to-infrastructure-services-regulation-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"496 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176264,"registerId":"nsw-nsw:sl-2021-0496-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Water Industry Competition (Access to Infrastructure Services) Regulation 2021](/view/html/inforce/current/sl-2021-0496).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 September 2021 and is required to be published on the NSW legislation website.\n> \n> Note—\n> \n> This Regulation replaces the [Water Industry Competition (Access to Infrastructure Services) Regulation 2007](/view/html/repealed/current/sl-2007-0576), which is repealed on 1 September 2021 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Regulation—\n> \n> ACN, short for Australian Company Number, has the same meaning as it has in the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, section 9.\n> \n> contact details includes the following—\n> \n> > (a) postal and email addresses,\n> \n> > (b) telephone and fax numbers.\n> \n> the Act means the [Water Industry Competition Act 2006](/view/html/inforce/current/act-2006-104).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Notice to be given by IPART in relation to certain applications","content":"#### 4 Notice to be given by IPART in relation to certain applications\n\n4 Notice to be given by IPART in relation to certain applications\n\n> If an application that purports to have been made under the Act, section 24, 28 or 32 has not been duly completed, IPART must notify the applicant of that fact.\n> \n> Note—\n> \n> See the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), section 80, about the completion of forms.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Coverage applications—the Act, s 25","content":"#### 5 Coverage applications—the Act, s 25\n\n5 Coverage applications—the Act, s 25\n\n> > (1) For the purposes of the Act, section 25(1)(b), the following persons are prescribed as persons from whom submissions are to be invited in relation to a coverage application for an infrastructure service—\n> > \n> > > (a) the service provider for the service, except where the application has been made by the service provider,\n> > \n> > > (b) the Minister administering the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156),\n> > \n> > > (c) the Minister administering the [Public Health Act 2010](/view/html/inforce/current/act-2010-127),\n> > \n> > > (d) the Minister administering the [Water Industry Competition Act 2006](/view/html/inforce/current/act-2006-104), Part 3, and, if a different Minister administers Part 2 of that Act, also that Minister,\n> > \n> > > (e) the Minister administering the [Water Management Act 2000](/view/html/inforce/current/act-2000-092).\n> \n> > (2) When inviting submissions from the persons referred to in subsection (1), IPART must notify the persons of—\n> > \n> > > (a) the date on which the application was made, and\n> > \n> > > (b) the date, 4 months later, by which IPART must endeavour to provide a report on the application to the Minister, referred to in the Act, section 25(4).\n> > \n> > Note—\n> > \n> > An application is not made until it has been duly completed—see section 4.\n> \n> > (3) If it appears to IPART that it will not be practicable for the report on the application to be provided to the Minister, IPART must notify the applicant, and the persons referred to in subsection (1), of the revised date by which IPART expects the report to be provided—\n> > \n> > > (a) by the date notified under subsection (2)(b), or\n> > \n> > > (b) if a later date has been notified under this subsection—by the later date.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Revocation applications—the Act, s 29","content":"#### 6 Revocation applications—the Act, s 29\n\n6 Revocation applications—the Act, s 29\n\n> > (1) For the purposes of the Act, section 29(1)(b), the following persons are prescribed as persons from whom submissions are to be invited in relation to a revocation application for an infrastructure service—\n> > \n> > > (a) the service provider for the service, except where the application has been made by the service provider,\n> > \n> > > (b) the applicant for the coverage application under which the service is currently the subject of a coverage declaration,\n> > \n> > > (c) the Minister administering the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156),\n> > \n> > > (d) the Minister administering the [Public Health Act 2010](/view/html/inforce/current/act-2010-127),\n> > \n> > > (e) the Minister administering the [Water Industry Competition Act 2006](/view/html/inforce/current/act-2006-104), Part 3, and, if a different Minister administers Part 2 of that Act, also that Minister,\n> > \n> > > (f) the Minister administering the [Water Management Act 2000](/view/html/inforce/current/act-2000-092).\n> \n> > (2) When inviting submissions from the persons referred to in subsection (1), IPART must notify the persons of—\n> > \n> > > (a) the date on which the application was made, and\n> > \n> > > (b) the date, 4 months later, by which IPART must endeavour to provide a report on the application to the Minister, referred to in the Act, section 29(4).\n> > \n> > Note—\n> > \n> > An application is not made until it has been duly completed—see section 4.\n> \n> > (3) If it appears to IPART that it will not be practicable for the report on the application to be provided to the Minister, IPART must notify the applicant, and the persons referred to in subsection (1), of the revised date by which IPART expects the report to be provided—\n> > \n> > > (a) by the date notified under subsection (2)(b), or\n> > \n> > > (b) if a later date has been notified under this subsection—by the later date.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Binding non-coverage applications—the Act, s 33","content":"#### 7 Binding non-coverage applications—the Act, s 33\n\n7 Binding non-coverage applications—the Act, s 33\n\n> > (1) For the purposes of the Act, section 33(1)(b), the following persons are prescribed as persons from whom submissions are to be invited in relation to a binding non-coverage application for an infrastructure service—\n> > \n> > > (a) the Minister administering the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156),\n> > \n> > > (b) the Minister administering the [Public Health Act 2010](/view/html/inforce/current/act-2010-127),\n> > \n> > > (c) the Minister administering the [Water Industry Competition Act 2006](/view/html/inforce/current/act-2006-104), Part 3, and, if a different Minister administers Part 2 of that Act, that Minister also,\n> > \n> > > (d) the Minister administering the [Water Management Act 2000](/view/html/inforce/current/act-2000-092).\n> \n> > (2) When inviting submissions from the persons referred to in subsection (1), IPART must notify the persons of—\n> > \n> > > (a) the date on which the application was made, and\n> > \n> > > (b) the date, 4 months later, by which IPART must endeavour to provide a report on the application to the Minister, referred to in the Act, section 33(4).\n> > \n> > Note—\n> > \n> > An application is not made until it has been duly completed—see section 4.\n> \n> > (3) If it appears to IPART that it will not be practicable for its report on the application to be provided to the Minister, IPART must notify the applicant, and the persons referred to in subsection (1), of the revised date by which IPART expects the report to be provided—\n> > \n> > > (a) by the date notified under subsection (2)(b), or\n> > \n> > > (b) if a later date has been notified under this subsection, by the later date.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Negotiation of access to infrastructure services","content":"#### 8 Negotiation of access to infrastructure services\n\n8 Negotiation of access to infrastructure services\n\n> > (1) For the purposes of the Act, Schedule 2, section 4(b), IPART must have regard to the provisions of this section in determining whether or not the parties to a dispute have, in good faith, attempted to resolve the dispute by negotiation, as referred to in the Act, section 40(2).\n> \n> > (2) Within 14 days after receiving a request from an access seeker for information under this subsection, a service provider that provides an infrastructure service that is the subject of a coverage declaration or access undertaking must make the following information available to the access seeker—\n> > \n> > > (a) a list of the services provided by the service provider, as described in the relevant coverage declaration or access undertaking,\n> > \n> > > (b) information about the procedure to be followed to obtain access to each of the services, and the time it is likely to take to negotiate access, assuming the matter does not go to arbitration,\n> > \n> > > (c) a copy of IPART’s negotiation protocols, together with a statement to the effect that, unless otherwise agreed between the parties, the protocols will apply to the negotiations for access to the service,\n> > \n> > > (d) the information required by IPART’s negotiation protocols to be provided,\n> > \n> > > (e) other information the service provider considers appropriate.\n> \n> > (3) IPART’s negotiation protocols must include the following—\n> > \n> > > (a) an obligation on each party to negotiate in good faith,\n> > \n> > > (b) an obligation on the service provider to use all reasonable endeavours to accommodate the access seeker’s requirements,\n> > \n> > > (c) a statement of the information to be provided by the service provider, referred to in subsection (2)(d),\n> > \n> > > (d) protocols about the exchange of information between the parties, including—\n> > > \n> > > > (i) an obligation on the service provider to provide the access seeker with the information necessary to understand the derivation of the derived elements that occur in a proposed access agreement, and\n> > > \n> > > > (ii) an obligation on each party to give the undertakings about confidentiality that the other party may reasonably require,\n> > \n> > > (e) protocols about the notice, if any, to be given to third parties in relation to the negotiations,\n> > \n> > > (f) protocols about the dispute resolution procedures to be attempted before an application is made to IPART for the dispute to be determined by arbitration.\n> \n> > (4) The parties to the dispute must give written notice to IPART of an agreement under which the parties undertake to use negotiation protocols other than IPART’s negotiation protocols.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Timelines for arbitration","content":"#### 9 Timelines for arbitration\n\n9 Timelines for arbitration\n\n> > (1) As soon as practicable after accepting an application for a dispute to be determined by arbitration under the Act, section 40, IPART must notify the parties to the dispute and the Minister of—\n> > \n> > > (a) the date on which the application was accepted, and\n> > \n> > > (b) the date, 6 months later, by which the arbitrator must endeavour to determine the dispute, referred to in the Act, section 40(8).\n> \n> > (2) If it appears to the arbitrator that it will not be practicable for the dispute to be determined, the arbitrator must give written notice to the parties to the dispute and the Minister of the revised date by which the arbitrator expects the dispute to be determined—\n> > \n> > > (a) by the date notified under subsection (1)(b), or\n> > \n> > > (b) if a later date has been notified under this subsection—by the later date.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Basis on which dispute may be determined","content":"#### 10 Basis on which dispute may be determined\n\n10 Basis on which dispute may be determined\n\n> > (1) For the purpose of determining a dispute by the date notified under section 9, the arbitrator may make the determination on the basis of the available information and on assumptions that are reasonable to make about information not available at the time.\n> \n> > (2) For the purpose of determining a dispute between a service provider and an access seeker about an infrastructure service the subject of a coverage declaration or access undertaking, the arbitrator may assume, in the absence of evidence to the contrary, the service provider is able to provide the access seeker with the access to the service sought by the access seeker.\n> \n> > (3) Before determining a dispute, the arbitrator must give written notice to the parties to the dispute of the following matters—\n> > \n> > > (a) assumptions the arbitrator proposes to make for the purpose of the arbitrator’s determination,\n> > \n> > > (b) each party’s right to make a submission to the arbitrator about the assumptions,\n> > \n> > > (c) the date by which the submissions should be lodged with the arbitrator.\n> \n> > (4) Failure to give written notice does not affect the validity of the arbitrator’s determination.\n> \n> Note—\n> \n> See the Act, section 40(10), which requires the arbitrator to give effect to relevant access undertakings and prohibits the arbitrator from making a determination that would put the service provider in breach of the provider’s other legal obligations.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Application of regulations under the IPART Act","content":"#### 11 Application of regulations under the IPART Act\n\n11 Application of regulations under the IPART Act\n\n> The provisions of the regulations under the [Independent Pricing and Regulatory Tribunal Act 1992](/view/html/inforce/current/act-1992-039) that modify the application of the [Commercial Arbitration Act 2010](/view/html/inforce/current/act-2010-061) to the arbitration of disputes under the [Independent Pricing and Regulatory Tribunal Act 1992](/view/html/inforce/current/act-1992-039), section 24A(2) apply to the arbitration of disputes under the [Water Industry Competition Act 2006](/view/html/inforce/current/act-2006-104), section 40.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Information to be included in the register of infrastructure services—the Act, s 44","content":"#### 12 Information to be included in the register of infrastructure services—the Act, s 44\n\n12 Information to be included in the register of infrastructure services—the Act, s 44\n\n> > (1) For the purposes of the Act, section 44(2), the information to be included in the register of infrastructure services—\n> > \n> > > (a) must include the information referred to in subsections (2)–(4), and\n> > \n> > > (b) may include other information IPART considers appropriate.\n> \n> > (2) The following information must be included in relation to an infrastructure service the subject of a coverage declaration—\n> > \n> > > (a) a description of the service,\n> > \n> > > (b) the name, ACN and contact details of the service provider for the service,\n> > \n> > > (c) the date on which the declaration was first made,\n> > \n> > > (d) the date on which a subsequent renewal of the declaration was made,\n> > \n> > > (e) the period for which the declaration is to have effect, and the declaration’s expiry date.\n> \n> > (3) The following information must be included in relation to an infrastructure service the subject of a binding non-coverage declaration—\n> > \n> > > (a) a description of the service,\n> > \n> > > (b) the name, ACN and contact details of the service provider for the service,\n> > \n> > > (c) the period for which the declaration is to have effect, and the declaration’s expiry date.\n> \n> > (4) The following information must be included in relation to an infrastructure service the subject of an access undertaking—\n> > \n> > > (a) a description of the service,\n> > \n> > > (b) the name, ACN and contact details of the service provider for the service,\n> > \n> > > (c) the date on which the undertaking was approved by IPART,\n> > \n> > > (d) the period for which the undertaking is to have effect, and its expiry date,\n> > \n> > > (e) a statement about where the undertaking is available for inspection by members of the public, including, where appropriate, a link to the relevant website,\n> > \n> > > (f) a statement about how copies of the undertaking may be obtained from the service provider.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Saving","content":"#### 13 Saving\n\n13 Saving\n\n> Any act, matter or thing that, immediately before the repeal of the [Water Industry Competition (Access to Infrastructure Services) Regulation 2007](/view/html/repealed/current/sl-2007-0576), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":12}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2007 Regulation with no significant expansion. It maintains the same limited scope: procedural rules for IPART's administration of water infrastructure access. The 2021 version appears to be a standard 10-year re-enactment under the Subordinate Legislation Act 1989, preserving existing arrangements rather than extending them."},"complexity_factors":["Straightforward structure with 13 sections covering discrete operational matters","Minimal defined terms (only 3 explicit definitions in section 3, plus incorporated definitions from parent Act)","Heavy cross-referencing to the Water Industry Competition Act 2006 and other statutes, requiring readers to flip between documents","Repetitive tripartite structure in sections 5-7 (coverage, revocation, and non-coverage applications follow identical procedural templates)","Conditional logic in timing provisions (sections 5(3), 6(3), 7(3), 9(2)) with cascading deadline notifications","Incorporation by reference of external negotiation protocols and arbitration regulations (section 11), creating hidden complexity"],"plain_english_summary":"**What this Regulation does:**\n\nThis is a NSW regulation that sets out the practical rules for how water infrastructure services (like pipes, treatment plants, and storage facilities) can be accessed by competing water businesses. It operates under the *Water Industry Competition Act 2006*.\n\n**Who it affects:**\n\n- **Service providers** — companies that own water infrastructure (like Sydney Water or private operators)\n- **Access seekers** — businesses wanting to use that infrastructure to deliver water or sewerage services to customers\n- **IPART** — the Independent Pricing and Regulatory Tribunal, which acts as the umpire in disputes\n- **Various NSW Ministers** — who must be consulted on applications\n\n**Key things it covers:**\n\n- **Applications for coverage** — when a water service gets declared as one that must be shared with competitors\n- **Revocation applications** — when someone wants to remove that sharing requirement\n- **Binding non-coverage** — when a service provider gets a formal exemption from having to share\n- **Negotiation rules** — what information service providers must give to competitors, and how they must negotiate in good faith\n- **Arbitration timelines** — strict 6-month deadlines for IPART to resolve access disputes\n- **Public register** — what information IPART must publish about covered services\n\n**Why it matters:**\n\nThis Regulation is the machinery that makes water competition work in practice. Without it, a competitor wanting to enter the market wouldn't know how to get access to existing pipes, or how long disputes would take to resolve. It forces infrastructure owners to share information and negotiate fairly, while giving IPART the tools to break deadlocks through arbitration."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, this regulation appears to have remained unchanged since it came into force on 27 August 2021 — there is only one point-in-time version recorded. There is no evidence of scope changes from its original intent. The regulation appears to have been narrowly focused on infrastructure access rules within the NSW water competition framework from the outset."},"complexity_factors":["Operates within a layered legislative framework (regulation under the Water Industry Competition Act 2006, itself subject to the Subordinate Legislation Act 1989)","Highly technical subject matter — water infrastructure access regimes involve economic and engineering concepts","Limited publicly available substantive content in the extract (only metadata and status information provided, not the operative provisions), making full assessment difficult","Intersects with competition law principles and infrastructure access regimes, which are inherently complex regulatory fields","Automatic repeal mechanism adds a temporal dimension that practitioners must track"],"plain_english_summary":"This regulation sets the rules for how competing water providers in NSW can access existing water infrastructure (pipes, treatment plants, networks) owned by others. It affects incumbent and new water businesses, regulators and indirectly consumers by enabling competition in service delivery and pricing. Note: it is scheduled to be automatically repealed on 1 September 2026."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This instrument replaces the 2007 Regulation but, by its terms, carries forward existing effects (s 13). The text focuses on procedural rules (notice, consultation, negotiation, arbitration timing, register content) and does not, on its face, expand or narrow the substantive types of infrastructure services covered."},"complexity_factors":["Extensive cross-references to multiple other Acts and instruments (definitions and interpretation reliance) (s 3 note).","Prescribed lists of consultees for different application types with slightly different compositions (coverage s 5, revocation s 6, binding non-coverage s 7).","Fixed statutory timelines with required revision notices when delayed (notification and report/arbitration timing in ss 5(2)-(3), 6(2)-(3), 7(2)-(3), 9(1)-(2)).","Detailed obligations on service providers to disclose procedures, information and negotiation materials to access seekers within 14 days (s 8(2)), increasing compliance burden.","Specification of negotiation protocols including good‑faith, confidentiality undertakings and exchange of derived-element information (s 8(3)), creating procedural obligations and evidentiary expectations.","Arbitrator may decide on available information and reasonable assumptions and must notify proposed assumptions to parties (ss 10(1)-(3)), which concentrates discretion and affects evidentiary strategies.","Application of modified arbitration rules from IPART Act regulations to proceedings under this Act (s 11), adding another layer of procedural complexity.","Detailed register content requirements for different declaration/undertaking types, with IPART discretion to include additional information (s 12(1)-(4)).","Saving provision preserving effect of acts under the repealed 2007 Regulation (s 13), which can complicate transitional compliance and legacy arrangements."],"plain_english_summary":"Prescribes procedural rules for how access to water infrastructure is managed in NSW: who IPART must notify and invite to comment on coverage, revocation and binding non‑coverage applications; what service providers must disclose to access seekers; arbitration timelines and decision‑making assumptions; and what must appear in the public register.\n\nAffects service providers, access seekers, IPART and several responsible Ministers by setting notice, information‑sharing, negotiation protocol and timing obligations that alter administrative costs, evidence burdens and decision‑making discretion."}},"importantCases":[],"_links":{"self":"/api/acts/water-industry-competition-access-to-infrastructure-services-regulation-2021","history":"/api/acts/water-industry-competition-access-to-infrastructure-services-regulation-2021/history","analysis":"/api/acts/water-industry-competition-access-to-infrastructure-services-regulation-2021/analysis","conflicts":"/api/acts/water-industry-competition-access-to-infrastructure-services-regulation-2021/conflicts","importantCases":"/api/acts/water-industry-competition-access-to-infrastructure-services-regulation-2021/important-cases","documents":"/api/acts/water-industry-competition-access-to-infrastructure-services-regulation-2021/documents"}}