43ACCC to decide whether or not to vary its approval or determination

43 ACCC to decide whether or not to vary its approval or determination

(1) The ACCC must, within 3 months after receiving an application under this Division, decide whether or not to vary its approval or determination of the Part 6 operator’s infrastructure charges. (2) In calculating the 3‑month period referred to in subrule (1), disregard, if the ACCC has requested further information under rule 41—a day during any part of which the request, or any part of the request, remains unfulfilled. (3) If the ACCC: (a) is unable to make a decision within the period of 3 months or, if that period is extended, or further extended, that period as extended; and (b) within that period, gives written notice to the Part 6 operator who made the application explaining why the ACCC has been unable to make the decision within that period: that period is extended, or further extended, by a period of one month. (4) As soon as practicable after the ACCC gives a notice under paragraph (3)(b), the ACCC must publish the notice on the ACCC’s website. (5) The ACCC must not, in relation to an application made under subrule 40(1), vary a determination or approval of infrastructure charges under this Division unless the ACCC is satisfied: (a) as to the matters relating to the event referred to in paragraphs 40(1)(a) and (b) as set out in the application; and (b) that: (i) the total amount required during the remainder of the regulatory period to rectify the material and adverse effects of the event exceeds: (A) for a taxation event or a regulatory event—1% of the aggregate revenue requirement; (B) otherwise—3% of the aggregate revenue requirement; and (ii) it is reasonably likely that the total expenditure during the remaining part of the regulatory period is likely to exceed the total forecast expenditure for that remaining part; and (c) that the Part 6 operator has demonstrated that it is not able to reduce the operator’s expenditure to avoid the consequences referred to in paragraph (b) without materially and adversely affecting the reliability or safety of the operator’s water service infrastructure or the operator’s ability to comply with any relevant regulatory or legislative obligations; and (d) as to the matters set out in paragraphs 29(2)(b) and (c). (6) The ACCC must not, in relation to an application made under subrule 40(3), vary a determination or approval of infrastructure charges under this Division unless the ACCC is satisfied: (a) that the conditions specified under subrule 31(1A) have been satisfied; and (b) that the contingent project is prudent and efficient; and (c) as to the matters set out in paragraphs 29(2)(b) and (c). (7) The ACCC must, if varying a determination or approval of infrastructure charges under this rule, decide: (a) each infrastructure charge to be varied and the amount of the variation; and (b) the date from which each varied charge will apply, which must not be earlier than the next year of the regulatory period.