5Exempt persons

5 Exempt persons

(1)  A person is exempt from section 30(a) of the Act in respect of a relevant service if the person –

(a) owns or operates relevant infrastructure used for the provision of the relevant service to another person; and

(b) is a body corporate, or an unincorporated body of persons, that is not primarily a provider of the relevant service.

(2)  A person is exempt from section 30(b) of the Act in respect of a relevant service if the person –

(a) provides the relevant service to another person by means of, or in connection with the use of, relevant infrastructure; and

(b) is a body corporate, or an unincorporated body of persons, that is not primarily a provider of the relevant service.

(3)  For the purposes of subclauses (1) and (2) , a body corporate, or an unincorporated body of persons, is not primarily a provider of a relevant service if the relevant body was formed primarily for purposes other than –

(a) the provision, by means of a reticulated system, of drinking water for sale; or

(b) the provision of a reticulated sewerage service.

(4)  The following persons are exempt from section 30(a) and section 30(b) of the Act in the following circumstances:

(a) Hydro Tasmania (ABN 48 072 377 158), in relation to the provision to another person of water from the Trevallyn Dam or the canal at Poatina known as Poatina Canal;

(b) MMG Limited (ABN 31 150 889 151), in relation to the provision to another person of water at Rosebery.