{"id":"nsw:sl-2024-0051","name":"Water Industry Competition (General) Regulation 2024","slug":"water-industry-competition-general-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"51 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174138,"registerId":"nsw-sl-2024-0051-current","compilationNumber":null,"startDate":"2026-04-05","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 (General) Regulation 2024](/view/html/inforce/current/sl-2024-0051).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on 1 March 2024.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Water Industry Competition (General) Regulation 2021](/view/html/repealed/current/sl-2021-0497).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this regulation—\n> > \n> > certificate of compliance, for Part 6—see section 46.\n> > \n> > critical health needs—see subsection (2).\n> > \n> > customer contract means the deemed customer contract, including modifications and exclusions made by IPART under section 21.\n> > \n> > Note—\n> > \n> > The terms and conditions of the deemed customer contract are set out in this regulation, Schedule 4.\n> > \n> > developer, for Part 6—see section 46.\n> > \n> > development, for Part 6—see section 46.\n> > \n> > development authorisation, for Part 6—see section 46.\n> > \n> > investigated monopoly supplier, for Part 4, Division 2—see section 25.\n> > \n> > IPART Act means the [Independent Pricing and Regulatory Tribunal Act 1992](/view/html/inforce/current/act-1992-039).\n> > \n> > issues paper, for Part 4, Division 2—see section 25.\n> > \n> > public hearing, for Part 4, Division 2—see section 25.\n> > \n> > public holiday means a day appointed under the [Public Holidays Act 2010](/view/html/inforce/current/act-2010-115) or another Act as a public holiday.\n> > \n> > requirements notice, for Part 6—see section 46.\n> > \n> > significant methodological change, for Part 4, Division 2—see section 25.\n> > \n> > Standard Instrument means the standard instrument prescribed by the [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155).\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.\n> \n> > (2) In this regulation, a person has critical health needs if the person needs a continuous drinking water service to operate a life support machine or for other critical health needs.\n> \n> **s 3:** Am 2025 No 48, Sch 3.16.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of “stormwater”","content":"#### 4 Meaning of “stormwater”\n\n4 Meaning of “stormwater”\n\n> > (1) For the Act, Dictionary, definition of stormwater, paragraph (a), stormwater includes rainwater that has run off an urban surface, including a roof, pavement, car park, road, garden or vegetated open space.\n> \n> > (2) For the Act, Dictionary, definition of stormwater, paragraph (b), stormwater does not include—\n> > \n> > > (a) rainwater collected solely from roofs, or\n> > \n> > > (b) leachate collected from landfill.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"National safety guidelines","content":"#### 5 National safety guidelines\n\n5 National safety guidelines\n\n> For the Act, Dictionary, definition of national safety guidelines, the following documents as in force from time to time are prescribed—\n> \n> > (a) the Australian Drinking Water Guidelines, published by the Australian Government, the National Health and Medical Research Council and the Natural Resource Management Ministerial Council,\n> \n> > (b) the Australian Guidelines for Water Recycling, including Phases 1 and 2, published by the Environment Protection and Heritage Council, the Natural Resource Management Ministerial Council and the Australian Health Ministers’ Conference.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Water industry infrastructure","content":"# Part 2 Water industry infrastructure\n\nPart 2 Water industry infrastructure","sortOrder":6},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nDivision 1 Preliminary","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Classes of water industry infrastructure","content":"#### 6 Classes of water industry infrastructure\n\n6 Classes of water industry infrastructure\n\n> For the Act, section 3A(f), the following purposes are prescribed—\n> \n> > (a) the supply of drinking water,\n> \n> > (b) the collection and treatment of groundwater for the production, supply and use of water,\n> \n> > (c) the collection and treatment of wastewater, other than sewage, stormwater or recycled water, for the production, supply and use of water.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Water industry infrastructure to which the Act, Part 2 applies","content":"#### 7 Water industry infrastructure to which the Act, Part 2 applies\n\n7 Water industry infrastructure to which the Act, Part 2 applies\n\n> > (1) For the Act, section 5(1)(d), water industry infrastructure operated by or on behalf of a council is declared to be water industry infrastructure to which the Act, Part 2 applies if it is used or is to be used for the production or supply of recycled water for the following purposes—\n> > \n> > > (a) washing or cleaning, including vehicles, paths, common areas or fences,\n> > \n> > > (b) toilets, laundries or washing machines,\n> > \n> > > (c) irrigation for the purposes of growing food,\n> > \n> > > (d) above ground irrigation of a golf course or public open space, including a park, sportsground or median strip, if the recycled water is wholly or partly obtained from the treatment of sewage.\n> \n> > (2) Water industry infrastructure specified in subsection (1) includes a reticulation network connected to the infrastructure and used to convey anything to or from the infrastructure.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Water industry infrastructure excluded from the Act, Part 2","content":"#### 8 Water industry infrastructure excluded from the Act, Part 2\n\n8 Water industry infrastructure excluded from the Act, Part 2\n\n> > (1) For the Act, section 5(2)(b), the following water industry infrastructure is excluded from the application of the Act, Part 2—\n> > \n> > > (a) water industry infrastructure specified in the Act, section 5(1)(c), if the infrastructure is not also covered by the Act, section 5(1)(a) or (b),\n> > \n> > > (b) water industry infrastructure specified in this regulation, section 7,\n> > \n> > > (c) water industry infrastructure specified in this regulation, Schedule 1.\n> \n> > (2) Subsection (1)(a) and (b) apply to water industry infrastructure only if—\n> > \n> > > (a) the water industry infrastructure is—\n> > > \n> > > > (i) immediately before 1 March 2024, constructed but not yet operated by or on behalf of a council, or\n> > > \n> > > > (ii) immediately before 1 March 2024, operated by or on behalf of a council, or\n> > > \n> > > > (iii) on or after 1 March 2024, constructed and operated by or on behalf of a council, in accordance with an existing consent, and\n> > \n> > > (b) the construction or operation of the water industry infrastructure is not substantially modified or expanded on or after 1 March 2024.\n> \n> > (3) In this section—\n> > \n> > existing consent means one of the following in force immediately before 1 March 2024—\n> > \n> > > (a) a development consent or approval under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203),\n> > \n> > > (b) for development not requiring development consent or approval under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203)—a resolution of the council.\n> \n> Note—\n> \n> The Act, section 5(2)(a) provides that the Act, Part 2 does not apply to water industry infrastructure within the area of operations of a public water utility and operated by or on behalf of the public water utility, other than as a last resort provider.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Policies about use of water resources","content":"#### 9 Policies about use of water resources\n\n9 Policies about use of water resources\n\n> For the Act, section 5A(a), the following policies published by the Department in which the Act is administered, as in force from time to time, are prescribed—\n> \n> > (a) the NSW Water Strategy,\n> \n> > (b) the Greater Sydney Water Strategy,\n> \n> > (c) the Lower Hunter Water Security Plan.","sortOrder":11},{"sectionNumber":"Division 2","sectionType":"division","heading":"Scheme approvals and operational approvals","content":"## Division 2 Scheme approvals and operational approvals\n\nDivision 2 Scheme approvals and operational approvals","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Exceptions from requirement for scheme approval—the Act, s 6(2)","content":"#### 10 Exceptions from requirement for scheme approval—the Act, s 6(2)\n\n10 Exceptions from requirement for scheme approval—the Act, s 6(2)\n\n> > (1) A council may construct the following water industry infrastructure without a scheme approval if development consent has been granted under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) or if environmental assessment has been carried out in relation to the development under that Act, Division 5.1—\n> > \n> > > (a) a water storage facility for recycled water,\n> > \n> > > (b) a water reticulation system for recycled water.\n> \n> > (2) Despite subsection (1), a scheme approval is required before the water industry infrastructure is connected to a water source.\n> > \n> > Note—\n> > \n> > See also the Act, section 6A, which provides that a person must not operate water industry infrastructure unless the infrastructure is substantially constructed as authorised by a scheme approval.\n> \n> > (3) In this section—\n> > \n> > water reticulation system has the same meaning as in the Standard Instrument.\n> > \n> > water storage facility has the same meaning as in the Standard Instrument.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Grant of scheme approval","content":"#### 11 Grant of scheme approval\n\n11 Grant of scheme approval\n\n> For the Act, section 7C(1)(g), IPART must be satisfied that the relevant operator licence authorises the activities proposed under the scheme approval, having regard to all the water industry infrastructure to be operated under the operator licence.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Grant of operational approval","content":"#### 12 Grant of operational approval\n\n12 Grant of operational approval\n\n> For the Act, section 7D(1)(h), IPART must be satisfied that the relevant retailer licence authorises the activities proposed under the operational approval, having regard to all the water and sewerage services to be sold under the retailer licence.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Condition of scheme approvals—the Act, s 7H(1)(e)","content":"#### 13 Condition of scheme approvals—the Act, s 7H(1)(e)\n\n13 Condition of scheme approvals—the Act, s 7H(1)(e)\n\n> > (1) It is a condition of a scheme approval for water industry infrastructure that a water meter must be installed for each household or business that is or will be serviced by the water industry infrastructure.\n> \n> > (2) The water meter must comply with the requirements of the Plumbing Code of Australia, published by the Australian Building Codes Board, as in force from time to time.","sortOrder":16},{"sectionNumber":"Division 3","sectionType":"division","heading":"Licences","content":"## Division 3 Licences\n\nDivision 3 Licences","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Conditions of licences—the Act, s 8G(1)(b)","content":"#### 14 Conditions of licences—the Act, s 8G(1)(b)\n\n14 Conditions of licences—the Act, s 8G(1)(b)\n\n> > (1) A licence is subject to the conditions set out in Schedule 2, Part 1.\n> \n> > (2) An operator licence is also subject to the conditions set out in Schedule 2, Part 2.\n> \n> > (3) A retailer licence is also subject to the conditions set out in Schedule 2, Part 3.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Licensee must notify IPART","content":"#### 15 Licensee must notify IPART\n\n15 Licensee must notify IPART\n\n> > (1) For the Act, section 8H(1)(f), the licensee must give written notice to IPART within—\n> > \n> > > (a) 24 hours after proposing to cease to operate the water industry infrastructure for which the licensee is the registered operator, and\n> > \n> > > (b) 1 hour after ceasing to operate the infrastructure.\n> \n> > (2) For the Act, section 8I(1)(a), the licensee must give written notice to IPART within—\n> > \n> > > (a) 24 hours after proposing to cease to provide retail services under the licence for a particular regulated scheme, and\n> > \n> > > (b) 1 hour after ceasing to provide the retail services.\n> \n> > (3) Subsections (1)(a) and (2)(a) do not apply if the licensee ceases to operate water industry infrastructure or to provide retail services in an emergency.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Agreement between registered operator and registered retailer","content":"#### 16 Agreement between registered operator and registered retailer\n\n16 Agreement between registered operator and registered retailer\n\n> For the Act, section 8H(1)(h)(ii), an agreement between a registered operator and a registered retailer must specify—\n> \n> > (a) the responsibilities of each licensee under a customer contract, including who is responsible for the following—\n> > \n> > > (i) installing, testing, repairing, maintaining, reading or replacing meters,\n> > \n> > > (ii) undertaking inspections, including inspections of backflow prevention devices or cross-connections in dual reticulation schemes, and\n> \n> > (b) the notification requirements for each licensee under a customer contract, including a requirement for a licensee to notify the other licensee when—\n> > \n> > > (i) a customer is connected to the regulated scheme, or\n> > \n> > > (ii) the water supply or sewerage service is interrupted, or\n> > \n> > > (iii) a customer makes a complaint, or\n> > \n> > > (iv) the licensee is notified that a customer or person living at the customer’s property has critical health needs, or\n> > \n> > > (v) a customer seeks or is granted an approval from the licensee.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Splitting of composite licences—the Act, s 8K(4)(b)","content":"#### 17 Splitting of composite licences—the Act, s 8K(4)(b)\n\n17 Splitting of composite licences—the Act, s 8K(4)(b)\n\n> > (1) The Minister may split a composite licence into its component licences on—\n> > \n> > > (a) the Minister’s own initiative, or\n> > \n> > > (b) the recommendation of IPART, or\n> > \n> > > (c) the application of the licensee.\n> \n> > (2) An application by a licensee must be made to IPART and determined by the Minister.\n> \n> > (3) If the Minister proposes to split a composite licence into its component licences under subsection (1)(a) or (b), the Minister must give the licensee at least 14 days to make submissions about the proposal.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Annual fees and returns—default penalty","content":"#### 18 Annual fees and returns—default penalty\n\n18 Annual fees and returns—default penalty\n\n> For the Act, section 8N(4), the penalty for default is $5,500.","sortOrder":22},{"sectionNumber":"Part 3","sectionType":"part","heading":"Operation of water retail market","content":"# Part 3 Operation of water retail market\n\nPart 3 Operation of water retail market","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Deemed customer contracts for regulated schemes—the Act, s 46AB(1)","content":"#### 19 Deemed customer contracts for regulated schemes—the Act, s 46AB(1)\n\n19 Deemed customer contracts for regulated schemes—the Act, s 46AB(1)\n\n> The terms and conditions of the deemed customer contract are set out in Schedule 4.","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Requirement to notify registered retailer of scheme connection—the Act, s 46AB(6)(a)","content":"#### 20 Requirement to notify registered retailer of scheme connection—the Act, s 46AB(6)(a)\n\n20 Requirement to notify registered retailer of scheme connection—the Act, s 46AB(6)(a)\n\n> > (1) The registered operator of infrastructure that connects a scheme to premises must give written notice to the registered retailer for the infrastructure as soon as reasonably practicable after the premises are connected to the scheme.\n> \n> > (2) Subsection (1) does not apply if the registered operator of infrastructure and the registered retailer are the same person.","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"IPART may modify or exclude application of deemed customer contract—the Act, s 46AB(6)(c) and (d)","content":"#### 21 IPART may modify or exclude application of deemed customer contract—the Act, s 46AB(6)(c) and (d)\n\n21 IPART may modify or exclude application of deemed customer contract—the Act, s 46AB(6)(c) and (d)\n\n> > (1) IPART may modify or exclude the application of the deemed customer contract for a registered operator or a registered retailer on the joint application of the registered operator and registered retailer.\n> \n> > (2) A modification or exclusion may apply generally or in specified circumstances.\n> \n> > (3) An application for a modification or exclusion must be—\n> > \n> > > (a) made in the form and way determined by IPART, and\n> > \n> > > (b) accompanied by the fee determined by IPART.\n> \n> > (4) IPART may determine different fees for different kinds of applications.\n> \n> > (5) The fees must be published on IPART’s website.","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Notice of increase in contract charges—the Act, s 46AC(6)(a)","content":"#### 22 Notice of increase in contract charges—the Act, s 46AC(6)(a)\n\n22 Notice of increase in contract charges—the Act, s 46AC(6)(a)\n\n> The maximum increase is the Consumer Price Index All Groups Index for Sydney, published by the Australian Bureau of Statistics, for the most recent quarter.","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Internal review—the Act, s 47(2)(c)","content":"#### 23 Internal review—the Act, s 47(2)(c)\n\n23 Internal review—the Act, s 47(2)(c)\n\n> A failure by a licensed operator or licensed retailer to determine an application for a review under the Act, section 47 within 20 business days after the application is made is taken to be a refusal to alter the decision to which the application relates.","sortOrder":28},{"sectionNumber":"Part 4","sectionType":"part","heading":"Investigations into pricing determinations for monopoly services—the Act, s 52(3) and (4)","content":"# Part 4 Investigations into pricing determinations for monopoly services—the Act, s 52(3) and (4)\n\nPart 4 Investigations into pricing determinations for monopoly services—the Act, s 52(3) and (4)","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Application of IPART Act, Part 3","content":"#### 24 Application of IPART Act, Part 3\n\n24 Application of IPART Act, Part 3\n\n> > (1) For the Act, section 52(3), the IPART Act, Part 3 applies to a matter referred to IPART under the Act, section 52, subject to the following modifications—\n> > \n> > > (a) a reference to a government agency in the IPART Act, Part 3 is taken to be a reference to a monopoly supplier,\n> > \n> > > (b) the IPART Act, sections 15(1)(c) and (h), 16 and 18 do not apply.\n> \n> > (2) If there is an inconsistency between a provision of this part and a provision of the IPART Act, Part 3, Division 7, the provision of this part prevails to the extent of the inconsistency.\n> \n> > (3) This part applies to a matter referred to IPART under the Act, section 52 before or after 1 March 2024.","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Definitions","content":"#### 25 Definitions\n\n25 Definitions\n\n> > (1) In this division—\n> > \n> > investigated monopoly supplier, in relation to an investigation by IPART under this division, means the monopoly supplier providing the monopoly service that is the subject of the investigation.\n> > \n> > issues paper means an issues paper prepared by IPART under section 27.\n> > \n> > public hearing means a public hearing held under section 29 in relation to an issues paper.\n> > \n> > significant methodological change, in relation to an investigation under this division, means a change in the pricing methodology applied, or proposed to be applied, to the monopoly service that IPART considers is significantly different from the methodology previously applied to—\n> > \n> > > (a) the determination of the pricing for the monopoly service, or\n> > \n> > > (b) the determination of pricing for services of a kind to which the monopoly service belongs.\n> \n> > (2) This division does not limit the application of any other provision of the IPART Act, Part 3 in that Act’s application to an investigation by IPART under this division.","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Application of division","content":"#### 26 Application of division\n\n26 Application of division\n\n> > (1) This division applies to an investigation by IPART into a determination of the pricing methodology for a monopoly service if a declaration under the Act, section 51 was in force in relation to the monopoly service immediately before 1 March 2024.\n> \n> > (2) IPART is taken to have complied with the provisions of this division if IPART has substantially complied with, or has taken all reasonable steps to comply with, the provisions.","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"IPART to prepare issues papers","content":"#### 27 IPART to prepare issues papers\n\n27 IPART to prepare issues papers\n\n> > (1) IPART must, as soon as it considers appropriate after the commencement of an investigation under this division, prepare an issues paper about the investigation.\n> \n> > (2) The issues paper must set out the following matters—\n> > \n> > > (a) the pricing methodology and the general approach IPART proposes to adopt in conducting the investigation,\n> > \n> > > (b) significant methodological changes IPART proposes to consider,\n> > \n> > > (c) the date on which IPART proposes to hold public hearings on the issues paper.\n> \n> > (3) The issues paper may include other matters IPART considers appropriate.\n> \n> > (4) A copy of the issues paper must be—\n> > \n> > > (a) given to the investigated monopoly supplier, and\n> > \n> > > (b) made publicly available on the IPART website.","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Submissions on issues papers","content":"#### 28 Submissions on issues papers\n\n28 Submissions on issues papers\n\n> > (1) IPART must invite the investigated monopoly supplier and any other persons to make submissions about an issues paper.\n> \n> > (2) IPART must also invite submissions to be made about submissions made by the investigated monopoly supplier on the issues paper.\n> \n> > (3) Submissions must be—\n> > \n> > > (a) written, or\n> > \n> > > (b) given orally at a public hearing on the issues paper, as referred to in section 29.\n> \n> > (4) IPART must specify the period in which submissions must be made.\n> \n> > (5) Different periods may be specified for different submissions.\n> \n> > (6) IPART may extend the period if IPART considers it appropriate.\n> \n> > (7) Without limiting the application of the IPART Act, section 22A(3), written submissions about the issues paper made by the investigated monopoly supplier must be made publicly available on the IPART website.\n> > \n> > Note—\n> > \n> > The IPART Act, section 22A(3) enables IPART to restrict the disclosure of information contained in documents it makes available.","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"IPART to hold public hearings on issues papers","content":"#### 29 IPART to hold public hearings on issues papers\n\n29 IPART to hold public hearings on issues papers\n\n> > (1) IPART must hold a public hearing to hear submissions on an issues paper.\n> \n> > (2) The public hearing may be held over 1 or more days.\n> \n> > (3) IPART may hear oral submissions on the issues paper at the public hearing from the investigated monopoly supplier and other persons IPART considers appropriate.","sortOrder":37},{"sectionNumber":"30","sectionType":"section","heading":"IPART to prepare draft reports","content":"#### 30 IPART to prepare draft reports\n\n30 IPART to prepare draft reports\n\n> > (1) IPART must prepare a draft report about an investigation as soon as IPART considers appropriate after the conclusion of the public hearing on the issues paper about the investigation.\n> \n> > (2) Before preparing the draft report, IPART must consider all submissions made in relation to the issues paper, including submissions about the investigated monopoly supplier’s submissions, that it considers material.\n> \n> > (3) The draft report must include the following matters—\n> > \n> > > (a) the determination of pricing IPART proposes to make,\n> > \n> > > (b) the pricing methodology for the proposed determination,\n> > \n> > > (c) significant methodological changes and the reasons for the changes,\n> > \n> > > (d) the assumptions IPART has made for the proposed determination and the reasons for the assumptions,\n> > \n> > > (e) IPART’s response to submissions received on the issues paper that IPART considers material, including the reasons for accepting or not accepting, whether wholly or in part, material submissions made by the investigated monopoly supplier.\n> \n> > (4) The draft report may include other matters IPART considers appropriate.\n> \n> > (5) A copy of the draft report must be—\n> > \n> > > (a) given to the investigated monopoly supplier, and\n> > \n> > > (b) made publicly available on the IPART website.","sortOrder":38},{"sectionNumber":"31","sectionType":"section","heading":"Submissions on draft reports","content":"#### 31 Submissions on draft reports\n\n31 Submissions on draft reports\n\n> > (1) IPART must invite the investigated monopoly supplier and any other persons to make written submissions about a draft report prepared under section 30.\n> \n> > (2) IPART must specify the period in which submissions must be made.\n> \n> > (3) Different periods may be specified for different submissions.\n> \n> > (4) IPART may extend the period if IPART considers it appropriate.","sortOrder":39},{"sectionNumber":"32","sectionType":"section","heading":"IPART to prepare final reports","content":"#### 32 IPART to prepare final reports\n\n32 IPART to prepare final reports\n\n> > (1) Before IPART issues the final report about an investigation, IPART must consider all submissions made about the draft report prepared under section 30 that it considers material.\n> \n> > (2) The final report must include the following matters—\n> > \n> > > (a) the pricing methodology applied for the determination of pricing IPART has made,\n> > \n> > > (b) significant methodological changes and the reasons for the changes,\n> > \n> > > (c) the assumptions IPART has made for the determination and the reasons for the assumptions,\n> > \n> > > (d) IPART’s response to submissions received on the draft report that IPART considers material, including the reasons for accepting or not accepting, whether wholly or in part, material submissions made by the investigated monopoly supplier.\n> \n> > (3) The final report may include other matters IPART considers appropriate.","sortOrder":40},{"sectionNumber":"Part 5","sectionType":"part","heading":"Last resort arrangements—the Act, Part 5A","content":"# Part 5 Last resort arrangements—the Act, Part 5A\n\nPart 5 Last resort arrangements—the Act, Part 5A","sortOrder":41},{"sectionNumber":"33","sectionType":"section","heading":"Criteria for last resort providers","content":"#### 33 Criteria for last resort providers\n\n33 Criteria for last resort providers\n\n> For the Act, section 55(3)(b), the criteria are the following—\n> \n> > (a) a licensee must be capable of operating the essential service,\n> \n> > (b) a licensee must be suitable having regard to the proximity of the licensee to the essential service,\n> \n> > (c) if the licensee is a licensed operator—the licence must authorise the same class of water industry infrastructure as the essential infrastructure.","sortOrder":43},{"sectionNumber":"34","sectionType":"section","heading":"Revocation of designation as last resort provider—the Act, s 55(10)","content":"#### 34 Revocation of designation as last resort provider—the Act, s 55(10)\n\n34 Revocation of designation as last resort provider—the Act, s 55(10)\n\n> > (1) The Minister may, on application by a licensee designated as a last resort provider under the Act, section 55(1), revoke the licensee’s designation.\n> \n> > (2) An application for a revocation must be—\n> > \n> > > (a) made in the form and way determined by the Minister, and\n> > \n> > > (b) accompanied by the fee determined by the Minister.\n> \n> > (3) The Minister must consult with IPART before determining an application, unless consultation is not reasonably practicable because of the urgency of the circumstances.","sortOrder":44},{"sectionNumber":"35","sectionType":"section","heading":"Appointment of technical experts—the Act, s 55A(2)(e)","content":"#### 35 Appointment of technical experts—the Act, s 55A(2)(e)\n\n35 Appointment of technical experts—the Act, s 55A(2)(e)\n\n> > (1) IPART may, by written notice, appoint a person, including a member of staff of IPART, as a technical expert to assist in the preparation or testing of contingency plans.\n> \n> > (2) A person may be appointed by IPART as both a technical expert and an auditor.","sortOrder":46},{"sectionNumber":"36","sectionType":"section","heading":"Engagement of technical experts—the Act, s 55A(2)(e)","content":"#### 36 Engagement of technical experts—the Act, s 55A(2)(e)\n\n36 Engagement of technical experts—the Act, s 55A(2)(e)\n\n> > (1) IPART may require a contingency plan to be prepared or tested with the assistance of—\n> > \n> > > (a) for a contingency plan prepared by an essential service provider—a specific technical expert, or\n> > \n> > > (b) for a contingency plan prepared by an essential service provider or last resort provider—a technical expert from a panel of technical experts selected by IPART.\n> \n> > (2) The technical expert may make recommendations about the contingency plan to the essential service provider, the last resort provider or IPART.","sortOrder":47},{"sectionNumber":"37","sectionType":"section","heading":"Preparation of contingency plans—the Act, s 55A(2)(a)","content":"#### 37 Preparation of contingency plans—the Act, s 55A(2)(a)\n\n37 Preparation of contingency plans—the Act, s 55A(2)(a)\n\n> > (1) The last resort provider must prepare a contingency plan for an essential service.\n> \n> > (2) Despite subsection (1), the essential service provider may prepare the contingency plan if the essential service provider gives notice to IPART, in the form and way approved by IPART, within 15 business days of the designation of the last resort provider.","sortOrder":49},{"sectionNumber":"38","sectionType":"section","heading":"Approval of contingency plans—the Act, s 55A(2)(a) and (c)","content":"#### 38 Approval of contingency plans—the Act, s 55A(2)(a) and (c)\n\n38 Approval of contingency plans—the Act, s 55A(2)(a) and (c)\n\n> > (1) A nominated provider for an essential service must submit a contingency plan to IPART for approval—\n> > \n> > > (a) within 6 months after the operational approval for the essential infrastructure is granted, or\n> > \n> > > (b) within a longer period approved by IPART.\n> \n> > (2) IPART may, by written notice to both the last resort provider and essential service provider, approve a contingency plan with or without modification.\n> \n> > (3) The nominated provider must, at intervals determined by IPART by written notice to the nominated provider, review and resubmit the contingency plan to IPART for approval.\n> \n> > (4) The nominated provider may, at any time, modify and resubmit the contingency plan to IPART for approval.\n> \n> > (5) In this section—\n> > \n> > nominated provider means the last resort provider or essential service provider who prepares the contingency plan.","sortOrder":50},{"sectionNumber":"39","sectionType":"section","heading":"Content of contingency plans—the Act, s 55A(2)(b)","content":"#### 39 Content of contingency plans—the Act, s 55A(2)(b)\n\n39 Content of contingency plans—the Act, s 55A(2)(b)\n\n> > (1) A contingency plan must identify the following—\n> > \n> > > (a) the essential service, including—\n> > > \n> > > > (i) the essential infrastructure that will be required to maintain the essential service if there is a declared failure, and\n> > > \n> > > > (ii) other infrastructure operated by a third party to which water or sewerage services are connected that will be required to maintain service to customers if there is a declared failure,\n> > \n> > > (b) the customers to whom the essential service is provided.\n> \n> > (2) The contingency plan must also include the following—\n> > \n> > > (a) the information and systems that will be reasonably required by a last resort provider to continue to provide the essential service if there is a declared failure, and how the last resort provider will access the information and systems,\n> > \n> > > (b) the actions required by the failed licensee, or an administrator acting for the failed licensee, to facilitate the transfer of customer information to ensure minimal interruption to the operation of the essential service,\n> > \n> > > (c) arrangements under which staff of the essential service provider may assist the last resort provider,\n> > \n> > > (d) procedures for notifying the ombudsman appointed under an approved ombudsman scheme and IPART when the information, including customer information, has been transferred to the last resort provider,\n> > \n> > > (e) the requirements for giving written updates to IPART on the implementation of the contingency plan, including the content and timing of the updates,\n> > \n> > > (f) the information required to be given to a customer with the bill first required to be sent to the customer after the declared failure, including the following—\n> > > \n> > > > (i) details of the declared failure,\n> > > \n> > > > (ii) a description of the role of the last resort provider,\n> > > \n> > > > (iii) the contact details of the last resort provider,\n> > > \n> > > > (iv) the contact details of the approved ombudsman scheme,\n> > > \n> > > > (v) the last resort contract charges,\n> > > \n> > > > (vi) information about the last resort contract conditions and how customers may obtain a copy of the last resort contract conditions,\n> > \n> > > (g) if the last resort provider is a public water utility—the last resort contract conditions within the meaning of the Act, section 56C.\n> \n> > (3) The information required under subsection (2) may be included in a contingency plan in the form of a directory that enables the last resort provider to access the information.\n> \n> > (4) In this section—\n> > \n> > customer information includes the following—\n> > \n> > > (a) billing addresses and customer contact details,\n> > \n> > > (b) information about customers, or persons living at the customer’s property, with critical health needs,\n> > \n> > > (c) information about customers with payment difficulty or special payment arrangements.\n> > \n> > last resort contract charges and last resort contract conditions have the same meaning as in the Act, section 56C.","sortOrder":51},{"sectionNumber":"40","sectionType":"section","heading":"Assistance by essential service providers—the Act, s 55A(2)(a)","content":"#### 40 Assistance by essential service providers—the Act, s 55A(2)(a)\n\n40 Assistance by essential service providers—the Act, s 55A(2)(a)\n\n> > (1) This section applies if a contingency plan is to be prepared by the last resort provider.\n> \n> > (2) A provider of an essential service for which a last resort provider has been designated must facilitate the preparation and review of the contingency plan by the last resort provider, including by—\n> > \n> > > (a) providing information that the last resort provider reasonably requires in a timely way, and\n> > \n> > > (b) giving the last resort provider a reasonable opportunity to inspect infrastructure and systems.\n> \n> > (3) The essential service provider must notify the last resort provider of a change in systems or processes if the change—\n> > \n> > > (a) may require modification of the contingency plan, or\n> > \n> > > (b) is a change the last resort provider reasonably needs to be aware of.\n> \n> > (4) The essential service provider must facilitate the conduct by the last resort provider of required exercises to test the operation of the approved contingency plan.","sortOrder":52},{"sectionNumber":"41","sectionType":"section","heading":"Consultation with last resort providers—the Act, s 55A(2)(a)","content":"#### 41 Consultation with last resort providers—the Act, s 55A(2)(a)\n\n41 Consultation with last resort providers—the Act, s 55A(2)(a)\n\n> If a contingency plan is to be prepared by the essential service provider, the essential service provider must consult with the last resort provider about the contingency plan.","sortOrder":53},{"sectionNumber":"42","sectionType":"section","heading":"Request for assistance in preparation and review of contingency plans—the Act, s 55A(3)","content":"#### 42 Request for assistance in preparation and review of contingency plans—the Act, s 55A(3)\n\n42 Request for assistance in preparation and review of contingency plans—the Act, s 55A(3)\n\n> The following are prescribed as a person who may make a written request under the Act, section 55A(3)—\n> \n> > (a) the last resort provider, in relation to a contingency plan prepared by the last resort provider,\n> \n> > (b) the essential service provider, in relation to a contingency plan prepared by the essential service provider,\n> \n> > (c) a technical expert appointed by IPART under section 35, in relation to a contingency plan prepared by the last resort provider or essential service provider.","sortOrder":54},{"sectionNumber":"43","sectionType":"section","heading":"Testing of contingency plans—the Act, s 55A(2)(a)","content":"#### 43 Testing of contingency plans—the Act, s 55A(2)(a)\n\n43 Testing of contingency plans—the Act, s 55A(2)(a)\n\n> > (1) A contingency plan may require testing of the operation of the contingency plan.\n> \n> > (2) IPART may direct a last resort provider to test the operation of a contingency plan prepared by the last resort provider.\n> \n> > (3) IPART may direct an essential service provider to test the operation of a contingency plan whether the plan is prepared by the essential service provider or last resort provider.\n> \n> > (4) Testing of the operation of a contingency plan may be carried out as part of an audit.","sortOrder":55},{"sectionNumber":"Division 4","sectionType":"division","heading":"Contingency planning costs—the Act, s 55A(2)(g)","content":"## Division 4 Contingency planning costs—the Act, s 55A(2)(g)\n\nDivision 4 Contingency planning costs—the Act, s 55A(2)(g)","sortOrder":56},{"sectionNumber":"44","sectionType":"section","heading":"Essential service provider must pay last resort provider’s contingency planning costs","content":"#### 44 Essential service provider must pay last resort provider’s contingency planning costs\n\n44 Essential service provider must pay last resort provider’s contingency planning costs\n\n> > (1) The essential service provider must pay the last resort provider the reasonable costs incurred by the last resort provider in complying with this part.\n> \n> > (2) The last resort provider may submit a written request to the essential service provider specifying the amount.\n> \n> > (3) If the essential service provider does not pay the last resort provider within 28 days of the written request, either the last resort provider or the essential service provider may apply to IPART for a determination of the amount.\n> \n> > (4) The essential service provider must pay the amount determined by IPART to the last resort provider within 28 days of the determination.","sortOrder":57},{"sectionNumber":"45","sectionType":"section","heading":"Essential service provider must pay costs of technical experts","content":"#### 45 Essential service provider must pay costs of technical experts\n\n45 Essential service provider must pay costs of technical experts\n\n> > (1) IPART may, by written notice, require an essential service provider to pay a technical expert an amount for the reasonable costs incurred by the technical expert in the preparation or testing of a contingency plan.\n> \n> > (2) The essential service provider must pay the technical expert within—\n> > \n> > > (a) 28 days after IPART gives written notice of the amount, or\n> > \n> > > (b) another period agreed between the essential service provider and the technical expert.","sortOrder":58},{"sectionNumber":"Part 6","sectionType":"part","heading":"Connecting development to infrastructure—the Act, Sch 2, cl 3A","content":"# Part 6 Connecting development to infrastructure—the Act, Sch 2, cl 3A\n\nPart 6 Connecting development to infrastructure—the Act, Sch 2, cl 3A","sortOrder":59},{"sectionNumber":"46","sectionType":"section","heading":"Definitions","content":"#### 46 Definitions\n\n46 Definitions\n\n> In this part—\n> \n> certificate of compliance means a certificate issued by a registered operator for water industry infrastructure in relation to development certifying—\n> \n> > (a) the reasonable requirements of the registered operator in relation to the provision of water or sewerage services to the development have been complied with, or the registered operator did not impose a requirement, and\n> \n> > (b) the registered operator will provide water or sewerage services to the development.\n> \n> developer means a person who applies for a development authorisation.\n> \n> development means an activity to which an application for development authorisation relates.\n> \n> development authorisation means—\n> \n> > (a) a development consent within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), or\n> \n> > (b) an approval under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), Part 5, or\n> \n> > (c) an approval under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), Chapter 7, Part 1.\n> \n> requirements notice—see section 49(1).","sortOrder":60},{"sectionNumber":"47","sectionType":"section","heading":"Consent authority to notify registered operator of development applications","content":"#### 47 Consent authority to notify registered operator of development applications\n\n47 Consent authority to notify registered operator of development applications\n\n> > (1) A consent authority must give the registered operator for water industry infrastructure written notice of an application for a development authorisation received by the consent authority if the consent authority considers the development would significantly affect the operation of the infrastructure.\n> \n> > (2) Without limitation, development significantly affects the operation of water industry infrastructure if it may—\n> > \n> > > (a) increase the demand for water supplied by the infrastructure, or\n> > \n> > > (b) increase the amount of sewage to be removed by the infrastructure, or\n> > \n> > > (c) damage or interfere with, or adversely affect the operation of, the infrastructure.\n> \n> > (3) The consent authority is not required to give notice under subsection (1) if the consent authority—\n> > \n> > > (a) refuses the application for the development authorisation, or\n> > \n> > > (b) approves the application and imposes a condition on the development authorisation that the developer must obtain a certificate of compliance from the registered operator.\n> \n> > (4) The consent authority must take into account submissions from the registered operator in relation to an application for a development authorisation that has been notified under subsection (1) in deciding whether to—\n> > \n> > > (a) approve the application for the development authorisation, or\n> > \n> > > (b) impose a condition on the development authorisation.\n> \n> > (5) Subsection (4) does not apply if—\n> > \n> > > (a) the consent authority imposes a condition on the development authorisation that the developer must obtain a certificate of compliance from the registered operator, or\n> > \n> > > (b) the consent authority does not receive submissions from the registered operator within 21 days after the notice was given to the registered operator.\n> \n> > (6) In this section—\n> > \n> > consent authority means a person or body responsible for determining an application for a development authorisation.","sortOrder":61},{"sectionNumber":"48","sectionType":"section","heading":"Applications for certificates of compliance","content":"#### 48 Applications for certificates of compliance\n\n48 Applications for certificates of compliance\n\n> > (1) A developer who proposes to connect development to water industry infrastructure operated, or to be operated, under the Act may apply to the registered operator for the infrastructure for a certificate of compliance.\n> \n> > (2) An application may be made whether or not obtaining a certificate of compliance is a condition of the development authorisation.\n> \n> > (3) The application must be accompanied by—\n> > \n> > > (a) a copy of the application for the development authorisation, or\n> > \n> > > (b) if the application for the development authorisation has been approved—a copy of the development authorisation.","sortOrder":62},{"sectionNumber":"49","sectionType":"section","heading":"Requirements imposed on developer before certificate of compliance issued","content":"#### 49 Requirements imposed on developer before certificate of compliance issued\n\n49 Requirements imposed on developer before certificate of compliance issued\n\n> > (1) Before determining an application for a certificate of compliance, the registered operator may, by written notice (a requirements notice), require the developer to do one or more of the following—\n> > \n> > > (a) pay a specified amount to the registered operator to cover the whole or part of the relevant costs as assessed by the registered operator,\n> > \n> > > (b) enter into an agreement providing for one or more of the following—\n> > > \n> > > > (i) the payment of the amount to the registered operator or as directed by the registered operator,\n> > > \n> > > > (ii) the construction, or the construction and manner of construction, of works for the purposes of connecting the development to the water industry infrastructure,\n> > > \n> > > > (iii) the transfer of works to the registered operator,\n> > \n> > > (c) provide reasonable security, in a form approved by the registered operator, for performance of an agreement under paragraph (b),\n> > \n> > > (d) additional or ancillary matters necessary to give effect to a requirement under paragraphs (a)–(c).\n> \n> > (2) The registered operator may withdraw a requirement contained in a notice under this section and the requirement is taken to have not been made.\n> \n> > (3) In this section—\n> > \n> > relevant costs means the costs determined by the registered operator under section 50.","sortOrder":63},{"sectionNumber":"50","sectionType":"section","heading":"Determination of costs for requirements notices","content":"#### 50 Determination of costs for requirements notices\n\n50 Determination of costs for requirements notices\n\n> > (1) The registered operator must determine the costs of the following—\n> > \n> > > (a) the cost of water industry infrastructure that benefits or is available to the land, if the infrastructure is or will be constructed—\n> > > \n> > > > (i) by or on behalf of the registered operator or a predecessor of the registered operator, or\n> > > \n> > > > (ii) at the request of the registered operator or a predecessor of the registered operator, or\n> > > \n> > > > (iii) under an agreement with the registered operator or a predecessor of the registered operator,\n> > \n> > > (b) the cost of expanding the registered operator’s water industry infrastructure as a result of the development,\n> > \n> > > (c) the investment costs incurred by the registered operator or a predecessor of the registered operator and by developers in relation to the existing and proposed water industry infrastructure referred to in paragraphs (a) and (b).\n> \n> > (2) The registered operator must determine the costs under subsection (1)(a) based on net present value, historical cost or other appropriate basis.\n> \n> > (3) The registered operator may also have regard to expected operating costs and revenues in determining the costs under subsection (1)(a) if the registered operator considers it appropriate.","sortOrder":64},{"sectionNumber":"51","sectionType":"section","heading":"Issue of certificates of compliance","content":"#### 51 Issue of certificates of compliance\n\n51 Issue of certificates of compliance\n\n> > (1) A registered operator may issue a certificate of compliance to a developer without serving a requirements notice on the developer.\n> \n> > (2) A registered operator must issue a certificate of compliance to the developer if satisfied a requirements notice given to the developer has been complied with.\n> \n> > (3) A registered operator must, at the developer’s request, issue a certificate of compliance to the developer if, within the relevant period—\n> > \n> > > (a) a certificate of compliance has not been issued to the developer, and\n> > \n> > > (b) a requirements notice has not been given to the developer.\n> \n> > (4) A certificate of compliance may, instead of being issued in relation to all of the development, be issued progressively in relation to a stage of the development.\n> \n> > (5) A certificate of compliance may be issued to replace a certificate of compliance previously granted.\n> \n> > (6) In this section—\n> > \n> > relevant period means—\n> > \n> > > (a) 60 days after the developer applies for a certificate of compliance, or\n> > \n> > > (b) a further period approved by IPART and notified to the developer within the 60 days.","sortOrder":65},{"sectionNumber":"52","sectionType":"section","heading":"Conditions of certificates of compliance","content":"#### 52 Conditions of certificates of compliance\n\n52 Conditions of certificates of compliance\n\n> > (1) A certificate of compliance may be issued unconditionally or subject to reasonable conditions.\n> \n> > (2) Without limitation, a certificate of compliance may be issued subject to a condition requiring an agreement entered into under a requirements notice to be complied with.\n> \n> > (3) A developer does not comply with a requirement to obtain a certificate of compliance until the developer complies with the conditions imposed on the certificate.\n> \n> > (4) An unconditional certificate of compliance may be issued to replace a certificate of compliance previously granted subject to conditions.","sortOrder":66},{"sectionNumber":"53","sectionType":"section","heading":"Recovery of costs","content":"#### 53 Recovery of costs\n\n53 Recovery of costs\n\n> > (1) Money owing to a person under a requirements notice is recoverable by the person as a debt in a court of competent jurisdiction.\n> \n> > (2) This section does not affect a power or remedy the person otherwise has.","sortOrder":67},{"sectionNumber":"Part 7","sectionType":"part","heading":"Application audits and compliance audits—the Act, Sch 2, cl 5A","content":"# Part 7 Application audits and compliance audits—the Act, Sch 2, cl 5A\n\nPart 7 Application audits and compliance audits—the Act, Sch 2, cl 5A","sortOrder":68},{"sectionNumber":"54","sectionType":"section","heading":"Appointment and engagement of auditors","content":"#### 54 Appointment and engagement of auditors\n\n54 Appointment and engagement of auditors\n\n> > (1) IPART may, by written notice, appoint a person, including a member of staff of IPART, as an auditor for—\n> > \n> > > (a) audits generally, or\n> > \n> > > (b) a specified audit or class of audits.\n> \n> > (2) An audit must be undertaken by an auditor appointed by IPART under subsection (1).\n> \n> > (3) IPART may by written notice—\n> > \n> > > (a) engage an auditor to undertake an audit, or\n> > \n> > > (b) direct the applicant or the licensee subject to the audit to engage a specified auditor or an auditor from a panel of auditors to undertake an audit.\n> \n> > (4) The written notice may specify the following—\n> > \n> > > (a) the scope of the audit,\n> > \n> > > (b) the functions of the auditor,\n> > \n> > > (c) limitations on the functions of the auditor.","sortOrder":69},{"sectionNumber":"55","sectionType":"section","heading":"Functions of auditors","content":"#### 55 Functions of auditors\n\n55 Functions of auditors\n\n> The functions of an auditor undertaking an audit are the following—\n> \n> > (a) to review, assess or advise on the matters specified by IPART,\n> \n> > (b) to report to IPART about the review, assessment or advice under paragraph (a),\n> \n> > (c) other functions conferred by or under the Act.","sortOrder":70},{"sectionNumber":"56","sectionType":"section","heading":"Fees for audits","content":"#### 56 Fees for audits\n\n56 Fees for audits\n\n> > (1) IPART may charge the applicant or the licensee subject to the audit (the audit target) a reasonable fee for an audit undertaken by an auditor engaged by IPART under section 54(3)(a).\n> \n> > (2) IPART may defer consideration of an application until the fee under subsection (1) is paid.\n> \n> > (3) The fee under subsection (1) is recoverable by IPART as a debt in a court of competent jurisdiction.\n> \n> > (4) The fee for an audit undertaken by an auditor engaged by the audit target under section 54(3)(b) is payable by the audit target.","sortOrder":71},{"sectionNumber":"57","sectionType":"section","heading":"IPART to consider application audit","content":"#### 57 IPART to consider application audit\n\n57 IPART to consider application audit\n\n> If an application audit is undertaken in relation to an application, IPART must consider the audit in exercising IPART’s functions under the Act or this regulation in relation to the application to which the audit relates.","sortOrder":72},{"sectionNumber":"58","sectionType":"section","heading":"Entry to premises","content":"#### 58 Entry to premises\n\n58 Entry to premises\n\n> > (1) An auditor may accompany an inspector who enters premises under the Act, Part 7A for the purpose of exercising the auditor’s functions as an auditor.\n> \n> > (2) This section does not prevent an auditor from—\n> > \n> > > (a) entering or remaining on premises, or doing anything else on premises, with the consent of the occupier of the premises, or\n> > \n> > > (b) entering or remaining in a public place while the place is open to the public.\n> \n> > (3) In this section—\n> > \n> > auditor includes an individual employed or otherwise engaged by the auditor and notified in writing to IPART.","sortOrder":73},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"# Part 8 Miscellaneous\n\nPart 8 Miscellaneous","sortOrder":74},{"sectionNumber":"59","sectionType":"section","heading":"Regulatory functions of IPART","content":"#### 59 Regulatory functions of IPART\n\n59 Regulatory functions of IPART\n\n> For the Act, section 90(1)(e), IPART’s functions under the Act, sections 55 and 57 are prescribed.","sortOrder":75},{"sectionNumber":"60","sectionType":"section","heading":"Time limit for determination of applications","content":"#### 60 Time limit for determination of applications\n\n60 Time limit for determination of applications\n\n> > (1) For the Act, section 93B(2), the fixed period is—\n> > \n> > > (a) for an application for a scheme approval—90 days from the day on which the application is lodged with IPART, or\n> > \n> > > (b) otherwise—60 days from the day on which the application is lodged with IPART.\n> \n> > (2) For the Act, section 93B(4), the following are not to be counted in the fixed period—\n> > \n> > > (a) the period from 1 March 2024 until the end of 1 March 2025,\n> > \n> > > (b) a public holiday,\n> > \n> > > (c) the period declared by the Premier as the Christmas closedown period,\n> > \n> > > (d) a period provided to the applicant or other persons to make submissions about the application to IPART,\n> > \n> > > (e) a period during which an application audit is undertaken,\n> > \n> > > (f) a period during which IPART is exercising functions as a determining authority under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), Division 5.1, Subdivision 2, in relation to the application, but not more than 30 days,\n> > \n> > > (g) a period during which IPART is exercising functions as a determining authority under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), Division 5.1, Subdivision 3, in relation to the application.","sortOrder":76},{"sectionNumber":"61","sectionType":"section","heading":"Water restrictions—the Act, Sch 2, cl 6","content":"#### 61 Water restrictions—the Act, Sch 2, cl 6\n\n61 Water restrictions—the Act, Sch 2, cl 6\n\n> > (1) The Minister may, by notice published in the Gazette, regulate or restrict the use, supply or consumption of water supplied by a registered operator or registered retailer, including by regulating or restricting the following—\n> > \n> > > (a) the purposes for which water may be used,\n> > \n> > > (b) the times when water may be used,\n> > \n> > > (c) the quantities of water that may be used,\n> > \n> > > (d) the means or methods of the use of water.\n> \n> > (2) The Minister may issue a notice only if the Minister considers it is necessary because—\n> > \n> > > (a) there is a drought or other emergency, or\n> > \n> > > (b) it is in the public interest and for the purpose of maintaining water supply.\n> \n> > (3) A notice may apply to—\n> > \n> > > (a) the whole of the area of operations of a registered operator or registered retailer, or\n> > \n> > > (b) a specified part of the area of operations.\n> \n> > (4) A notice takes effect on—\n> > \n> > > (a) the day the notice is published in the Gazette, or\n> > \n> > > (b) a later day specified in the notice.\n> \n> > (5) A person must not use or consume water in contravention of a notice under this section.\n> > \n> > Maximum penalty for subsection (5)—\n> > \n> > > (a) for a corporation—50 penalty units, or\n> > \n> > > (b) for an individual—5 penalty units.","sortOrder":77},{"sectionNumber":"62","sectionType":"section","heading":"Extension of local water restrictions orders—the Act, Sch 2, cl 6(c)","content":"#### 62 Extension of local water restrictions orders—the Act, Sch 2, cl 6(c)\n\n62 Extension of local water restrictions orders—the Act, Sch 2, cl 6(c)\n\n> > (1) The Minister may, by notice published in the Gazette, declare that a local water restrictions order applies to the use or consumption of water supplied by a registered operator or registered retailer in a particular area in the same way as it applies to the use or consumption of water supplied by the public water utility in that area or another area.\n> \n> > (2) A declaration must not be made if the registered operator or registered retailer derives its water from a different water source to the water source from which the public water utility derives its water.\n> \n> > (3) Subsection (2) does not apply if the Minister is satisfied the circumstances giving rise to the local water restrictions order apply to both water sources.\n> \n> > (4) A person must not use or consume water in contravention of a local water restrictions order as applied by this section.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a corporation—50 penalty units, or\n> > \n> > > (b) for an individual—5 penalty units.\n> \n> > (5) This section does not limit section 61.\n> \n> > (6) In this section—\n> > \n> > local water restrictions order means an order that restricts the use or supply of water by a public water utility made under the following Acts and as in force from time to time—\n> > \n> > > (a) the [Hunter Water Act 1991](/view/html/inforce/current/act-1991-053),\n> > \n> > > (b) the [Local Government Act 1993](/view/html/inforce/current/act-1993-030),\n> > \n> > > (c) the [Sydney Water Act 1994](/view/html/inforce/current/act-1994-088),\n> > \n> > > (d) the [Water Management Act 2000](/view/html/inforce/current/act-2000-092).","sortOrder":78},{"sectionNumber":"63","sectionType":"section","heading":"Registered operators and registered retailers may restrict water supply to customers—the Act, Sch 2, cl 6(c)","content":"#### 63 Registered operators and registered retailers may restrict water supply to customers—the Act, Sch 2, cl 6(c)\n\n63 Registered operators and registered retailers may restrict water supply to customers—the Act, Sch 2, cl 6(c)\n\n> If a notice under section 61 or 62 is in force and applies to the use or consumption of water by customers of a registered operator or registered retailer, the registered operator or registered retailer may restrict the supply of drinking water or recycled water to a customer if satisfied that the customer is or may be contravening section 61(5) or 62(4).","sortOrder":79},{"sectionNumber":"64","sectionType":"section","heading":"Penalty notices","content":"#### 64 Penalty notices\n\n64 Penalty notices\n\n> > (1) For the Act, section 82—\n> > \n> > > (a) each offence created by a provision specified in Schedule 3, Column 1 is an offence for which a penalty notice may be issued, and\n> > \n> > > (b) the amount payable for the penalty notice is the amount specified in Column 2 or 3.\n> \n> > (2) If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—\n> > \n> > > (a) that limited kind of offence, or\n> > \n> > > (b) an offence committed in those limited circumstances.","sortOrder":80},{"sectionNumber":"65","sectionType":"section","heading":"Repeal and savings","content":"#### 65 Repeal and savings\n\n65 Repeal and savings\n\n> > (1) The [Water Industry Competition (General) Regulation 2021](/view/html/repealed/current/sl-2021-0497) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Water Industry Competition (General) Regulation 2021](/view/html/repealed/current/sl-2021-0497), had effect under that regulation continues to have effect under this regulation.","sortOrder":81},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Water industry infrastructure excluded from the Act, Part 2","content":"# Schedule 1 Water industry infrastructure excluded from the Act, Part 2\n\nSchedule 1 Water industry infrastructure excluded from the Act, Part 2\n\nsection 8(1)(c)","sortOrder":82},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Conditions of licences","content":"# Schedule 2 Conditions of licences\n\nSchedule 2 Conditions of licences\n\nsection 14","sortOrder":100},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 3 Penalty notice offences\n\nSchedule 3 Penalty notice offences\n\nsection 64\n\n| Column 1 | Column 2 | Column 3 |\n| Provision | Penalty for corporation | Penalty for individual |\n| Offences under the Act |\n| Section 6(1) | $8,000 | $4,000 |\n| Section 6A(1) | $8,000 | $4,000 |\n| Section 6B(1) | $8,000 | $4,000 |\n| Section 7H(2) | $8,000 | $4,000 |\n| Section 7I(2) | $8,000 | $4,000 |\n| Section 8J | $8,000 | $4,000 |\n| Section 9(7) | $8,000 | $4,000 |\n| Section 10B(3) | $8,000 | $4,000 |\n| Section 55A(3) | $8,000 | $4,000 |\n| Section 56B(4) | $1,500 | $750 |\n| Section 65(4) | — | $500 |\n| Section 66A(1) | $8,000 | $4,000 |\n| Section 67 | $1,500 | $750 |\n| Section 68 | $1,500 | $750 |\n| Section 69 | $1,500 | $750 |\n| Section 70 | $1,500 | $750 |\n| Section 71(1) | $1,500 | $750 |\n| Section 72(1) | $1,500 | $750 |\n| Section 73(1) | $1,500 | $750 |\n| Section 73A(1) | $8,000 | $4,000 |\n| Section 73B | $8,000 | $4,000 |\n| Section 84Q(3) | $8,000 | $4,000 |\n| Offences under this regulation |\n| Section 61(5) | $440 | $220 |\n| Section 62(4) | $440 | $220 |","sortOrder":126},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Deemed customer contract","content":"# Schedule 4 Deemed customer contract\n\nSchedule 4 Deemed customer contract\n\nsection 19","sortOrder":127},{"sectionNumber":"Part 9","sectionType":"part","heading":"What are your obligations for damage, maintenance and repair?","content":"# Part 9 What are your obligations for damage, maintenance and repair?\n\nPart 9 What are your obligations for damage, maintenance and repair?","sortOrder":177},{"sectionNumber":"Part 10","sectionType":"part","heading":"Who reads your water meter and what if it isn’t working properly?","content":"# Part 10 Who reads your water meter and what if it isn’t working properly?\n\nPart 10 Who reads your water meter and what if it isn’t working properly?","sortOrder":181},{"sectionNumber":"Part 11","sectionType":"part","heading":"When can the operator or retailer enter your property?","content":"# Part 11 When can the operator or retailer enter your property?\n\nPart 11 When can the operator or retailer enter your property?","sortOrder":188},{"sectionNumber":"Part 12","sectionType":"part","heading":"What information must the operator or retailer give you?","content":"# Part 12 What information must the operator or retailer give you?\n\nPart 12 What information must the operator or retailer give you?","sortOrder":191},{"sectionNumber":"Part 13","sectionType":"part","heading":"What information must you give the operator or retailer?","content":"# Part 13 What information must you give the operator or retailer?\n\nPart 13 What information must you give the operator or retailer?","sortOrder":195},{"sectionNumber":"Part 14","sectionType":"part","heading":"What else do you need to know?","content":"# Part 14 What else do you need to know?\n\nPart 14 What else do you need to know?","sortOrder":202},{"sectionNumber":"Part 15","sectionType":"part","heading":"Dictionary","content":"# Part 15 Dictionary\n\nPart 15 Dictionary\n\nclause 5\n\n24-hour faults line means a 24-hour phone number for reporting faults to the operator, finding out information about faults in the scheme and seeking emergency assistance from the operator.\n\ncritical health needs, in relation to you or a person who lives at your property, means a person who needs a continuous drinking water service to operate a life support machine or for other critical health needs.\n\noperator means a registered operator.\n\noverdue amount has the same meaning as in clause 36.\n\nproperty includes premises and land.\n\nretailer means a registered retailer.\n\nscheme means the water industry infrastructure operated by the operator.\n\nscheme infrastructure—see clause 6.\n\nservices means the water or sewerage services provided by the scheme to your property by the operator.\n\nstandard contract charges means the charges you must pay for water or sewerage services provided to your property under this contract.\n\nthe Act means the [Water Industry Competition Act 2006](/view/html/inforce/current/act-2006-104).\n\nthe regulation means the [Water Industry Competition (General) Regulation 2024](/view/html/inforce/current/sl-2024-0051).\n\nyour plumbing—see clause 7.","sortOrder":207},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 5 Savings, transitional and other provisions\n\nSchedule 5 Savings, transitional and other provisions","sortOrder":208}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available information, there is no evidence that the scope of this regulation has changed from its original intent. The 2025 amendment updated the regulation but the core purpose — providing general rules for water industry competition in NSW — appears consistent with the original March 2024 version. No broadening or narrowing of scope can be confirmed without access to the full substantive text."},"complexity_factors":["Operates as subordinate legislation under a parent Act, requiring readers to cross-reference the Water Industry Competition Act to fully understand its effect","Automatic staged repeal mechanism under the Subordinate Legislation Act 1989 adds a temporal complexity layer","Multiple point-in-time versions exist, meaning the rules have already changed since commencement — readers must identify which version applies to their situation","The actual substantive content of the regulation is not visible in the provided text, limiting full analysis and requiring access to additional source documents","Sits within a specialised regulatory sector (water industry competition) that involves technical, commercial, and regulatory concepts unfamiliar to most laypeople"],"plain_english_summary":"The Water Industry Competition (General) Regulation 2024 (NSW) supplies the practical rulebook under the Water Industry Competition Act, governing how private water and sewerage providers operate, obtain licences and meet standards in NSW. It affects private operators, developers, regulators and customers by setting compliance and operational rules for competing water services. The regulation was updated 15 August 2025 and expires automatically on 1 September 2029; this summary notes only its status and administrative details."},"kimi_summary":{"_metrics":{"completionTokens":758},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"This is a re-enactment regulation that repeals and replaces the 2021 version. The scope appears consistent with the original Water Industry Competition Act 2006 framework — it continues to regulate private water infrastructure, licensing, customer protections and last resort arrangements. The 2024 version adds detail (particularly in Schedule 4's deemed customer contract and Schedule 5's transition provisions for interim schemes) but does not appear to expand beyond the Act's original competitive water market framework."},"complexity_factors":["Extensive cross-referencing to the Water Industry Competition Act 2006 and other legislation (EP&A Act, Local Government Act, Water Management Act, etc.)","65-clause deemed customer contract in Schedule 4 with nested definitions, exceptions and conditional logic","Multiple overlapping approval pathways (scheme approvals, operational approvals, licences) with interdependent conditions","17 categories of excluded infrastructure in Schedule 1 with their own definitional dependencies","Transition provisions in Schedule 5 creating parallel temporary regimes for 'interim schemes'","Nested exceptions throughout (e.g., disconnection protections for critical health needs, with exceptions to those exceptions)","Multiple time periods specified (24 hours, 1 hour, 20 business days, 60 days, 90 days, etc.) with different triggers","Technical definitions requiring external knowledge (AS ISO 55001:2014, Plumbing Code of Australia, Australian Drinking Water Guidelines)"],"plain_english_summary":"This regulation sets the rules for how private companies and councils can build, operate and sell water and sewerage services in NSW, outside the main public water utilities like Sydney Water and Hunter Water.\n\n**What it does:**\n- **Defines what infrastructure is covered** — including recycled water schemes, stormwater systems and groundwater treatment, but excluding many small-scale and existing systems (Schedule 1 lists 17 categories of excluded infrastructure, from Aboriginal land to roof water collection)\n- **Sets licensing requirements** — operators need scheme approvals and operator licences; retailers need operational approvals and retailer licences, all overseen by IPART (the pricing regulator)\n- **Establishes automatic customer contracts** — when you connect to a private water scheme, a \"deemed customer contract\" applies immediately (Schedule 4), setting out service standards, billing rules, disconnection protections and rebates for failures\n- **Protects vulnerable customers** — special rules for people with \"critical health needs\" (those needing continuous water for life support), including advance notice of interruptions and protection from disconnection\n- **Creates \"last resort\" arrangements** — if a private water company fails, a backup provider steps in with pre-approved contingency plans\n- **Regulates prices and investigations** — IPART can investigate monopoly pricing with public hearings and issues papers\n- **Controls development connections** — developers must get \"certificates of compliance\" from operators before connecting new buildings, and may have to pay infrastructure costs\n\n**Who it affects:**\n- Property owners in new developments with private water or recycled water schemes\n- Small businesses and households buying water from licensed operators/retailers\n- Councils running recycled water schemes\n- Developers building in areas with private water infrastructure\n\n**Why it matters:**\nThis is the detailed rulebook for NSW's experiment with competition in water services. It tries to balance giving private operators flexibility with protecting customers who can't choose their water supplier — especially vulnerable people dependent on continuous supply. The deemed customer contract (Schedule 4) is particularly significant: it's a 65-clause standard form contract that applies automatically, with rules on everything from meter reading to family violence policies to payment difficulty arrangements."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This regulation replaces the 2021 General Regulation and consolidates, clarifies and expands operational detail beyond the older instrument. Concretely, it: (a) prescribes a full, standard deemed customer contract (Schedule 4) rather than leaving many consumer matters to guidance alone; (b) formalises contingency planning, technical experts and cost recovery rules for last‑resort arrangements (regs 33–45); (c) sets stricter and more prescriptive licence and operational conditions (Schedule 2) including asset, water quality and sewage management systems; and (d) provides detailed transitional rules for interim schemes and licence transfers (Schedule 5). Those additions go beyond mere drafting updates and add substantive operational obligations, cost allocation mechanisms and procedural safeguards that broaden the regulation’s practical scope compared with a leaner prior version."},"complexity_factors":["Extensive cross‑references to the Water Industry Competition Act 2006, IPART Act 1992 and multiple other NSW and Commonwealth Acts (eg Environmental Planning and Assessment Act 1979, Public Health Act 2010)","Large number of defined terms and domain‑specific definitions (reg 3, sch 1 and sch 4 Part 15 dictionary)","Long, fully prescribed consumer contract with many operational clauses (Schedule 4, Parts 1–15)","Multiple conditional exclusions and nested exceptions for Part 2 coverage (reg 8 and Schedule 1 with many subclauses)","Detailed procedural sequencing for IPART investigations (regs 27–32) and many time limits with enumerated excluded periods (reg 60)","Contingency planning, testing and cost recovery provisions involving several actors and processes (regs 33–45)","Audit and auditor appointment/fee regime with discretion for IPART (regs 54–58, 56)","Transitional and savings provisions covering interim schemes, licence transitions and variation powers (Sch 5 with multiple subparts)","Penalty notice schedule cross‑linked to numerous Act provisions and this regulation (reg 64 and Sch 3)","Operational obligations spread across licences, approvals and customer contract (metering, asset management, water quality, complaints, payment difficulty, family violence and translation requirements) create layered compliance duties"],"plain_english_summary":"**What this regulation does (mechanically)**\n\n- Replaces the Water Industry Competition (General) Regulation 2021 and sets detailed rules that sit under the Water Industry Competition Act 2006. It commenced 1 March 2024 (see reg 2).\n\n- Defines key terms and narrow technical meanings used throughout (reg 3, 4, 5). For example, it defines what counts as “stormwater” for the Act (reg 4) and prescribes national drinking‑water and water‑recycling guideline documents to be followed (reg 5).\n\n- Identifies which classes of infrastructure are captured by the Act (supply of drinking water, groundwater treatment, and certain wastewater treatment) and lists specific exclusions and limited circumstances where the Act’s Part 2 does not apply (regs 6–9, sch 1). Councils’ recycled‑water systems for specified end uses are expressly captured (reg 7) while many small or specialised systems are excluded (Sch 1 clauses 9–17).\n\n- Sets procedural rules for scheme approvals, operational approvals and licences, including conditions that must be attached to approvals (eg. meters must be installed) and that IPART must be satisfied licences authorise the proposed activities (regs 10–14). It prescribes notification timeframes when a licensee proposes to stop operating (reg 15) and the information an operator and retailer must record in their agreement (reg 16).\n\n- Prescribes the standard, automatically‑applying customer contract (the “deemed customer contract”) and its full terms (sch 4). The contract sets out service standards, billing rules, meter rules, dispute and payment‑difficulty processes, when and how services can be restricted or disconnected, and situational rebates (sch 4 Parts 1–15). IPART can modify or exclude the deemed contract for particular licensees on application (reg 21).\n\n- Lays out how IPART must run investigations into monopoly pricing methodology where those investigations continue to apply (Part 4, Divs 1–2: regs 24–32). IPART must prepare issues papers, hold public hearings, publish draft reports and respond to submissions before issuing a final report (regs 27–32).\n\n- Establishes “last resort” and contingency arrangements so that if a licensee fails, another licensee or public water utility can step in to keep essential services running. It sets criteria for designation as last‑resort provider, who prepares contingency plans, testing, approval and review of those plans, and who pays associated costs (regs 33–45). In particular, the failed or essential service provider bears contingency planning and technical expert costs unless IPART decides otherwise (regs 44–45).\n\n- Creates a framework for connecting new developments to licensed infrastructure: consent authorities must notify registered operators of development applications that significantly affect infrastructure, developers can apply for certificates of compliance, and operators may require developers to meet costs or enter agreements before issuing certificates (regs 46–53).\n\n- Regulates audits, auditors’ appointment and fees (regs 54–58), sets time limits for IPART determinations with many specified excluded periods (reg 60), and gives the Minister powers to impose water restrictions and to extend local water restriction orders to private schemes (regs 61–63).\n\n- Prescribes penalty notice offences and amounts (reg 64 and Sch 3) and contains savings and transition provisions for licences and interim schemes that move from the old regime to the new one (reg 65 and Sch 5).\n\n\n**Who is affected**\n\n- Registered operators and registered retailers of water and sewerage schemes: they take on detailed operational, reporting and customer‑service obligations (Schedule 2 and Schedule 4).\n- IPART and the Minister: expanded procedural responsibilities and discretion for approvals, investigations, contingency planning oversight, and designation of last‑resort providers (eg regs 11–12, 27–32, 33–41).\n- Councils and developers: councils’ recycled‑water systems are specifically captured in some circumstances (reg 7); developers must obtain certificates of compliance and may be required to pay or construct connections (regs 47–53).\n- Small retail customers (owners of premises supplied by a regulated scheme): the deemed customer contract in Schedule 4 directly governs their rights and obligations (billing, complaints, disconnection rules, rebates, meter access etc.).\n- Third parties: technical experts, auditors and panel members who may be appointed or engaged (regs 35–36, 54–56).\n\n\n**Why this matters (practical consequences and mechanics)**\n\n- Compliance and administrative burden: operators and retailers must put in place asset management, water quality and sewage management systems consistent with national standards (Schedule 2, Parts 2–3). They must maintain meter programs, complaint and payment‑difficulty procedures, family violence policies, translation assistance and yearly customer communications (Schedule 2, cll 1, 3, 12–17). Those are ongoing operational costs and require governance resources.\n\n- Cost allocation and who pays: developers may be required to pay for connection and expansion costs (regs 49–50). Essential service providers must meet the reasonable contingency planning and technical expert costs of last‑resort providers (regs 44–45). IPART can charge audit fees (reg 56). These are concrete cash flows that can be passed through to customers or borne by licensees or developers depending on contracts and approvals.\n\n- IPART and Ministerial discretion and process risk: IPART has procedural duties (issues papers, hearings, draft and final reports) but also discretion over methodological changes, modifications to deemed contracts and fee determinations (regs 21, 27–32, 56). The Minister retains emergency and water‑restriction powers (regs 61–62) and can split composite licences (reg 17). Discretion creates implementation risk for businesses that depend on timely approvals and predictable pricing methodologies.\n\n- Effects on private enterprise and contract freedom: the regulation constrains what a retailer or operator may offer or promise in commercial arrangements where it might over‑commit (clauses 20–21 require licensees not to enter arrangements they cannot meet). It also prescribes mandatory contract terms for small customers (Schedule 4) unless IPART approves a modification (reg 21). Those measures limit contractual freedom in favour of standard consumer protections and system reliability.\n\n- Competition and market exit mechanics: the last‑resort framework and obligations to hand over customer information and infrastructure details (Parts 5 and 6) make orderly exit and handover possible. That reduces the cost of entry/exit risk for potential private entrants but also imposes obligations and possible cost exposure on existing providers.\n\n- Consumers’ protections and limits: the deemed customer contract includes consumer protections (billing content, dispute routes, payment‑difficulty processes, limits on disconnection where critical health needs exist) but also allows rebates and fees to be offset against bills (Schedule 4 Parts 6–9, 21, 35–41). Those define the trade‑off between consumer safeguards and a licensee’s ability to recover costs.\n\n\n**Concrete trade‑offs, implementation risks and incentives**\n\n- Concentrated costs on certain actors: developers and essential service providers face concentrated cost obligations (regs 49–50, 44–45). Those actors will seek to pass costs on (to buyers or customers) or negotiate scope changes.\n\n- Compliance complexity vs uniformity: detailed standards (asset management, water quality, customer procedures) increase compliance cost but create uniform expectations for safety and consumer protection (Schedule 2 and Schedule 4). IPART’s power to modify the deemed contract (reg 21) provides flexibility but adds regulatory uncertainty for providers.\n\n- Information sharing and transferability: the obligation to transfer customer information quickly (Schedules 2, cll 11, 22) lowers friction if a provider fails but raises privacy and operational risks (must comply with privacy law).\n\n- Timing and administrative delay risks: fixed timeframes for IPART determinations are subject to multiple exclusions (reg 60), which can prolong approvals in practice.\n\n\n**Key provisions to glance at for each interested party**\n\n- Operators/retailers: Schedule 2 (conditions of licences), Schedule 4 (deemed customer contract), regs 44–56 (contingency and audit rules).\n- Developers and consent authorities: regs 47–53 (notifications, certificates of compliance and cost recovery).\n- IPART and Minister: regs 11–12, 17, 21, 24–32, 33–41, 54–56 (powers, processes and panels).\n- Consumers: Schedule 4 (full customer contract), Sch 3 and reg 64 (penalty notices).\n\n(References are to regulation and schedule/clauses as cited in the Water Industry Competition (General) Regulation 2024.)"}},"importantCases":[],"_links":{"self":"/api/acts/water-industry-competition-general-regulation-2024","history":"/api/acts/water-industry-competition-general-regulation-2024/history","analysis":"/api/acts/water-industry-competition-general-regulation-2024/analysis","conflicts":"/api/acts/water-industry-competition-general-regulation-2024/conflicts","importantCases":"/api/acts/water-industry-competition-general-regulation-2024/important-cases","documents":"/api/acts/water-industry-competition-general-regulation-2024/documents"}}