23CACCC may exempt a Part 6 operator from requirements in this Part

23C ACCC may exempt a Part 6 operator from requirements in this Part

(1) An infrastructure operator that is, or expects to become, a Part 6 operator may apply to the ACCC for an exemption under this rule. (2) The ACCC may grant to an infrastructure operator a written exemption from the operation of the requirements of Divisions 2, 3 and 4: (a) following an application made by an infrastructure operator; or (b) if it has given the infrastructure operator a notice under rule 23B or paragraph 81(12)(b) that it is of the view that the operator is, or will be, a Part 6 operator. (3) The ACCC may on its own initiative, by written notice, extend the period of an existing exemption if the ACCC continues to be satisfied as to the matters specified in subrule (4). (4) The ACCC may grant the exemption only if the ACCC is satisfied that the application of those requirements would not materially contribute to the achievement of the Basin water charging objectives and principles set out in Schedule 2 to the Act. (5) In making the decision, the ACCC must have regard to the following matters: (a) the total volume of water access rights in relation to which bulk water services are provided by the operator, if applicable; (b) the total volume of water subject to water sharing arrangements in relation to which the operator provides infrastructure services, if applicable; (c) the infrastructure services provided by the operator; (d) any preferences expressed by the operator’s customers to the ACCC; (e) any views expressed by a State Agency to the ACCC; (f) whether the relevant law of a State is being transitioned so that the operator’s infrastructure charges will at a future date be determined or approved by a single State Agency in a way that is consistent with paragraph 29(2)(b); (g) the proportion of the infrastructure operator’s revenue to be recovered from infrastructure charges; (h) any other matters that the ACCC considers relevant.

Note: For paragraph (f), once that is the case, paragraph 23(a) will cease to apply to the operator, and the operator will no longer be a Part 6 operator.

(6) The exemption may be: (a) for a specified period; or (b) for an unspecified period but subject to review at specified times. (7) Before making the decision, the ACCC may undertake public consultation in relation to its proposed decision. (8) Before making the decision, the ACCC may, in writing, request the operator to give the ACCC further information within a period specified by the ACCC in that request. (9) If the ACCC fails to make a decision under this rule within 3 months after the day on which it received the application, or gave the notice under rule 23B or paragraph 81(12)(b), the ACCC is taken to have decided to grant the operator an exemption from the operation of Divisions 2, 3 and 4 for 3 years from the expiry of that 3 month period. (10) If the ACCC decides not to grant the operator an exemption, the ACCC must: (a) invite the views of the operator on the appropriate date from which Divisions 2, 3 and 4 should apply to the operator; and (b) set that date. (11) The date set in subrule (10) is the regulatory start date for the operator.