{"id":"nsw:sl-2026-0479","name":"Water Industry Competition (Access to Infrastructure Services) Regulation 2026","slug":"water-industry-competition-access-to-infrastructure-services-regulation-2026","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"479 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":582737,"registerId":"nsw-nsw:sl-2026-0479-current","compilationNumber":null,"startDate":"2026-09-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"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 2026](/view/html/inforce/current/sl-2026-0479).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which this regulation is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Water Industry Competition (Access to Infrastructure Services) Regulation 2021](/view/html/repealed/current/sl-2021-0496), which would otherwise be repealed on 1 September 2026 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this regulation—\n> \n> access dispute means a dispute, between a service provider and an access seeker, of a kind described in the Act, section 40(1)(a)–(c).\n> \n> arbitration application means an application for arbitration of an access dispute under the Act, section 40.\n> \n> determination date, for an arbitration application, means the date of expiry of the 6-month period referred to in the Act, section 40(8).\n> \n> IPART’s negotiation protocols means the document published by IPART titled Negotiation Protocols as in force from time to time.\n> \n> parties, to an access dispute, means the following—\n> \n> > (a) the access seeker,\n> \n> > (b) the service provider.\n> \n> relevant Ministers means the following—\n> \n> > (a) the Minister administering the Act, Part 2,\n> \n> > (b) the Minister administering the Act, Part 3,\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 Management Act 2000](/view/html/inforce/current/act-2000-092).\n> \n> report means the following—\n> \n> > (a) for a coverage application—a report under the Act, section 25(2),\n> \n> > (b) for a revocation application—a report under the Act, section 29(2),\n> \n> > (c) for a binding non-coverage application—a report under the Act, section 33(2).\n> \n> report date means the following—\n> \n> > (a) for a report about a coverage application—the date of expiry of the 4-month period referred to in the Act, section 25(4) for the report,\n> \n> > (b) for a report about a revocation application—the date of expiry of the 4-month period referred to in the Act, section 29(4) for the report,\n> \n> > (c) for a report about a binding non-coverage application—the date of expiry of the 4-month period referred to in the Act, section 33(4) for the report,\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":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Applications","content":"# Part 2 Applications\n\nPart 2 Applications","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"IPART must notify applicants of certain incomplete applications—the Act, Sch 2, cl 4","content":"#### 4 IPART must notify applicants of certain incomplete applications—the Act, Sch 2, cl 4\n\n4 IPART must notify applicants of certain incomplete applications—the Act, Sch 2, cl 4\n\n> IPART must notify a person who makes the following applications if the application is not in substantial compliance with the Act—\n> \n> > (a) a coverage application,\n> \n> > (b) a revocation application,\n> \n> > (c) a binding non-coverage application.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Coverage applications—the Act, s 25 and Sch 2, cl 4(a)","content":"#### 5 Coverage applications—the Act, s 25 and Sch 2, cl 4(a)\n\n5 Coverage applications—the Act, s 25 and Sch 2, cl 4(a)\n\n> > (1) IPART must give the following persons written notice of a coverage application—\n> > \n> > > (a) for an application made by a person other than the service provider for the service—the service provider,\n> > \n> > > (b) the relevant Ministers.\n> \n> > (2) A notice must—\n> > \n> > > (a) specify the following—\n> > > \n> > > > (i) when the application was made,\n> > > \n> > > > (ii) the report date, and\n> > \n> > > (b) invite submissions on the application.\n> \n> > (3) IPART may, before the report date—\n> > \n> > > (a) postpone the report date to a later date (the revised date), and\n> > \n> > > (b) give written notice of the revised date to—\n> > > \n> > > > (i) the applicant, and\n> > > \n> > > > (ii) a person from whom submissions were invited under this section.\n> > \n> > Note—\n> > \n> > The Act, section 25(4) requires IPART to use IPART’s best endeavours to ensure that a report is provided by the report date.\n> \n> > (4) A reference to a report date in subsection (3) includes a reference to a revised date.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Revocation applications—the Act, s 29 and Sch 2, cl 4(a)","content":"#### 6 Revocation applications—the Act, s 29 and Sch 2, cl 4(a)\n\n6 Revocation applications—the Act, s 29 and Sch 2, cl 4(a)\n\n> > (1) IPART must give the following persons written notice of a revocation application—\n> > \n> > > (a) for a revocation application for a coverage declaration made on a coverage application from an access seeker described by the Act, section 24(1)(b)—the access seeker,\n> > \n> > > (b) the relevant Ministers.\n> \n> > (2) A notice must—\n> > \n> > > (a) specify the following—\n> > > \n> > > > (i) when the application was made,\n> > > \n> > > > (ii) the report date, and\n> > \n> > > (b) invite submissions on the application.\n> \n> > (3) IPART may, before the report date—\n> > \n> > > (a) postpone the report date to a later date (the revised date), and\n> > \n> > > (b) give written notice of the revised date to—\n> > > \n> > > > (i) the applicant, and\n> > > \n> > > > (ii) a person from whom submissions were invited under this section.\n> > \n> > Note—\n> > \n> > The Act, section 29(4) requires IPART to use IPART’s best endeavours to ensure that a report is provided by the report date.\n> \n> > (4) A reference to a report date in subsection (3) includes a reference to a revised date.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Binding non-coverage applications—the Act, s 33 and Sch 2, cl 4(a)","content":"#### 7 Binding non-coverage applications—the Act, s 33 and Sch 2, cl 4(a)\n\n7 Binding non-coverage applications—the Act, s 33 and Sch 2, cl 4(a)\n\n> > (1) IPART must give the relevant Ministers written notice of a binding non-coverage application.\n> \n> > (2) A notice must—\n> > \n> > > (a) specify the following—\n> > > \n> > > > (i) when the application was made,\n> > > \n> > > > (ii) the report date, and\n> > \n> > > (b) invite submissions on the application.\n> \n> > (3) IPART may, before the report date—\n> > \n> > > (a) postpone the report date to a later date (the revised date), and\n> > \n> > > (b) give written notice of the revised date to—\n> > > \n> > > > (i) the applicant, and\n> > > \n> > > > (ii) the relevant Ministers.\n> > \n> > Note—\n> > \n> > The Act, section 33(4) requires IPART to use IPART’s best endeavours to ensure that a report is provided by the report date.\n> \n> > (4) A reference to a report date in subsection (3) includes a reference to a revised date.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Resolution of access disputes","content":"# Part 3 Resolution of access disputes\n\nPart 3 Resolution of access disputes","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Access seeker may request information—the Act, s 40(2) and Sch 2, cl 4(b)","content":"#### 8 Access seeker may request information—the Act, s 40(2) and Sch 2, cl 4(b)\n\n8 Access seeker may request information—the Act, s 40(2) and Sch 2, cl 4(b)\n\n> > (1) An access seeker who is a party to an access dispute may, by written notice given to the service provider, request the following information—\n> > \n> > > (a) a list of the services provided by the service provider under the relevant coverage declaration or access undertaking,\n> > \n> > > (b) the procedure for obtaining access to each of the services,\n> > \n> > > (c) the time likely to be required to negotiate access if the matter is not arbitrated,\n> > \n> > > (d) a copy of IPART’s negotiation protocols,\n> > \n> > > (e) a statement that, unless otherwise agreed between the parties, IPART’s negotiation protocols will apply to the negotiations,\n> > \n> > > (f) other information—\n> > > \n> > > > (i) described in IPART’s negotiation protocols as being required to be given to an access seeker, or\n> > > \n> > > > (ii) the service provider considers appropriate.\n> \n> > (2) A service provider must give an access seeker the requested information within 14 days after receiving the notice.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Arbitration applications—the Act, s 40(2) and Sch 2, cl 4(b) and (c)","content":"#### 9 Arbitration applications—the Act, s 40(2) and Sch 2, cl 4(b) and (c)\n\n9 Arbitration applications—the Act, s 40(2) and Sch 2, cl 4(b) and (c)\n\n> > (1) IPART may consider, for determining whether a person who makes an arbitration application has in good faith attempted to resolve the dispute by negotiation, whether the applicant has contravened the following—\n> > \n> > > (a) this part,\n> > \n> > > (b) for a dispute to which IPART’s negotiation protocols apply—IPART’s negotiation protocols.\n> \n> > (2) An arbitration application must state whether the parties have agreed to the application of negotiation protocols other than IPART’s negotiation protocols.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Notice of arbitration application being accepted by IPART—the Act, Sch 2, cl 4(a)","content":"#### 10 Notice of arbitration application being accepted by IPART—the Act, Sch 2, cl 4(a)\n\n10 Notice of arbitration application being accepted by IPART—the Act, Sch 2, cl 4(a)\n\n> > (1) IPART must give written notice to the following persons of an arbitration application accepted by IPART—\n> > \n> > > (a) the Minister,\n> > \n> > > (b) the parties.\n> \n> > (2) The notice must—\n> > \n> > > (a) specify the following—\n> > > \n> > > > (i) when the application was accepted,\n> > > \n> > > > (ii) the determination date, and\n> > \n> > > (b) be given as soon as practicable after IPART accepts the application.\n> \n> > (3) An arbitrator may, before the determination date—\n> > \n> > > (a) postpone the determination date to a later date (the revised date), and\n> > \n> > > (b) give written notice of the revised date to—\n> > > \n> > > > (i) the Minister, and\n> > > \n> > > > (ii) the parties.\n> > \n> > Note—\n> > \n> > The Act, section 40(8) requires an arbitrator to use the arbitrator’s best endeavours to determined a dispute by the determination date.\n> \n> > (4) A reference to a determination date in subsection (3) includes a reference to a revised date.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Determination of access disputes—the Act, Sch 2, cl 4(c)","content":"#### 11 Determination of access disputes—the Act, Sch 2, cl 4(c)\n\n11 Determination of access disputes—the Act, Sch 2, cl 4(c)\n\n> > (1) An arbitrator may, in making an access determination, do the following—\n> > \n> > > (a) rely on available information,\n> > \n> > > (b) make reasonable assumptions about a matter for which information is unavailable,\n> > \n> > > (c) assume, in the absence of evidence to the contrary, the service provider is able to provide the access seeker with the access sought.\n> \n> > (2) An arbitrator must, before making an access determination, give written notice to the parties to the dispute of the following matters—\n> > \n> > > (a) assumptions the arbitrator proposes to make for the access determination,\n> > \n> > > (b) each party’s right to make submissions about the assumptions,\n> > \n> > > (c) the date by which the submissions must be made.\n> \n> > (3) Failure by the arbitrator to comply with subsection (2) does not affect the validity of an access determination.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Application of Commercial Arbitration Act 2010","content":"#### 12 Application of Commercial Arbitration Act 2010\n\n12 Application of [Commercial Arbitration Act 2010](/view/html/inforce/current/act-2010-061)\n\n> For the Act, section 40(4), the application of the [Commercial Arbitration Act 2010](/view/html/inforce/current/act-2010-061) is modified in the same manner as provided for by the regulations under the [Independent Pricing and Regulatory Tribunal Act 1992](/view/html/inforce/current/act-1992-039) for the arbitration of disputes under that Act, section 24A(2).","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Register of infrastructure services—the Act, s 44(2)","content":"#### 13 Register of infrastructure services—the Act, s 44(2)\n\n13 Register of infrastructure services—the Act, s 44(2)\n\n> > (1) The register must include all of the following—\n> > \n> > > (a) for an infrastructure service the subject of a coverage declaration, binding non-coverage declaration or access undertaking—\n> > > \n> > > > (i) a description of the service,\n> > > \n> > > > (ii) the name, ACN and contact details of the service provider for the service,\n> > > \n> > > > (iii) the period for which the declaration or undertaking is to have effect,\n> > > \n> > > > (iv) the expiry date of the declaration or undertaking,\n> > \n> > > (b) for an infrastructure service the subject of a coverage declaration—\n> > > \n> > > > (i) the date the declaration was first made,\n> > > \n> > > > (ii) the date a subsequent renewal of the declaration was made,\n> > \n> > > (c) for an infrastructure service the subject of an access undertaking—\n> > > \n> > > > (i) the date the undertaking was approved by IPART,\n> > > \n> > > > (ii) a statement about how the public can access a copy of the undertaking.\n> \n> > (2) The register may include other information IPART considers appropriate.\n> \n> > (3) In this section—\n> > \n> > ACN has the same meaning as in the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > contact details includes the following—\n> > \n> > > (a) postal and email addresses,\n> > \n> > > (b) telephone numbers.\n> > \n> > register means the register of infrastructure services required to be maintained by IPART under the Act, section 44.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Repeal and savings","content":"#### 14 Repeal and savings\n\n14 Repeal and savings\n\n> > (1) The [Water Industry Competition (Access to Infrastructure Services) Regulation 2021](/view/html/repealed/current/sl-2021-0496) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Water Industry Competition (Access to Infrastructure Services) Regulation 2021](/view/html/repealed/current/sl-2021-0496), had effect under that regulation continues to have effect under this regulation.","sortOrder":17}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The uploaded extract contains only site/navigation and status metadata (current version date, certification under s45C, and staged repeal). There is no information in the extract about amendments, new subject-matter, or expansions of scope compared with any earlier version, so there is no evidence here that the regulation's scope has changed. To assess scope-change you would need the prior text, amendment notes, or an explanatory memorandum."},"complexity_factors":["Provided extract contains only metadata/status information and no substantive regulatory provisions, definitions, or operative clauses.","Document cites other statutes (Interpretation Act 1987 s45C and Subordinate Legislation Act 1989) — introducing cross-reference but no full text provided.","Automatic (staged) repeal date is specified (1 Sept 2031) which creates a temporal limitation to the regulation's effect.","Repetition and navigation content in the uploaded extract obscure the body text — prevents assessment of length, defined terms, or nested exceptions.","Because the substantive text is absent, complexity assessment is based on structure and cross-references rather than on conditional regulatory rules."],"plain_english_summary":"**What it appears to do:** By its title, the Water Industry Competition (Access to Infrastructure Services) Regulation 2026 appears to set rules about access to water-industry infrastructure, so it would affect infrastructure owners, water service providers and users that rely on shared water infrastructure. The uploaded document contains only the website metadata: it shows the in-force version date (28 Aug 2026), cites certification under s45C of the Interpretation Act 1987, and records automatic repeal on 1 Sept 2031 under the Subordinate Legislation Act 1989. This is general legal information, not legal advice; get a qualified Australian lawyer to check."}},"importantCases":[],"_links":{"self":"/api/acts/water-industry-competition-access-to-infrastructure-services-regulation-2026","history":"/api/acts/water-industry-competition-access-to-infrastructure-services-regulation-2026/history","analysis":"/api/acts/water-industry-competition-access-to-infrastructure-services-regulation-2026/analysis","conflicts":"/api/acts/water-industry-competition-access-to-infrastructure-services-regulation-2026/conflicts","importantCases":"/api/acts/water-industry-competition-access-to-infrastructure-services-regulation-2026/important-cases","documents":"/api/acts/water-industry-competition-access-to-infrastructure-services-regulation-2026/documents"}}