34LSpecial provisions relating to contributions orders applying to State water agencies

34L Special provisions relating to contributions orders applying to State water agencies

34L Special provisions relating to contributions orders applying to State water agencies

(1) If a State water agency to which a proposed contributions order is to apply is constituted by or under an Act that is administered by a Minister other than the Minister administering section 34J of this Act, the order may be made only with the concurrence of the Minister administering the Act by or under which the agency is constituted.

(2) If a State water agency to which a proposed contributions order is to apply is a local water utility within the meaning of the Water Management Act 2000 but not a State owned corporation, the Minister must consult with each of the following before making the order—

(a) the State water agency,

(b) the Local Government and Shires Association of New South Wales.

(3) If the Independent Pricing and Regulatory Tribunal is required by or under the Independent Pricing and Regulatory Tribunal Act 1992 to determine a maximum price for a water service provided by a State water agency, any requirement imposed on the agency by a contributions order to pay an amount into the Fund is to be treated for the purposes of section 16A of that Act as a requirement with which the agency must comply in providing the service.

Note.

Section 16A of the Independent Pricing and Regulatory Tribunal Act 1992 enables the Minister responsible for a government agency to direct the Tribunal, when it makes a determination of the maximum price for a government monopoly service provided by the agency, to include in the maximum price an amount representing the efficient cost of complying with a specified requirement imposed on the agency. It also enables the Minister to direct the Tribunal, when it makes a determination of the methodology for fixing the maximum price for the service, to include in the methodology a factor representing such a cost.

s 34L: Ins 2005 No 18, Sch 1 [7]. Subst 2007 No 35, Sch 1 [3]. Am 2013 No 111, Sch 2.2.