Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
What it appears to do: By its title, the Water Industry Competition (Access to Infrastructure Services) Regulation 2026 appears to set rules about access to water-industry infrastructure, so it would affect infrastructure owners, water service providers and users that rely on shared water infrastructure. The uploaded document contains only the website metadata: it shows the in-force version date (28 Aug 2026), cites certification under s45C of the Interpretation Act 1987, and records automatic repeal on 1 Sept 2031 under the Subordinate Legislation Act 1989. This is general legal information, not legal advice; get a qualified Australian lawyer to check.
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Direct links to the current provisions in Water Industry Competition (Access to Infrastructure Services) Regulation 2026.
Part 1 Preliminary
1 Name of regulation
This regulation is the Water Industry Competition (Access to Infrastructure Services) Regulation 2026.
2 Commencement
This regulation commences on the day on which this regulation is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Water Industry Competition (Access to Infrastructure Services) Regulation 2021, which would otherwise be repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
In this regulation—
access dispute means a dispute, between a service provider and an access seeker, of a kind described in the Act, section 40(1)(a)–(c).
arbitration application means an application for arbitration of an access dispute under the Act, section 40.
determination date, for an arbitration application, means the date of expiry of the 6-month period referred to in the Act, section 40(8).
IPART’s negotiation protocols means the document published by IPART titled Negotiation Protocols as in force from time to time.
parties, to an access dispute, means the following—
(a) the access seeker,
(b) the service provider.
relevant Ministers means the following—
(a) the Minister administering the Act, Part 2,
(b) the Minister administering the Act, Part 3,
(c) the Minister administering the Protection of the Environment Operations Act 1997,
(d) the Minister administering the Public Health Act 2010,
(e) the Minister administering the Water Management Act 2000.
report means the following—
(a) for a coverage application—a report under the Act, section 25(2),
(b) for a revocation application—a report under the Act, section 29(2),
(c) for a binding non-coverage application—a report under the Act, section 33(2).
report date means the following—
(a) for a report about a coverage application—the date of expiry of the 4-month period referred to in the Act, section 25(4) for the report,
(b) for a report about a revocation application—the date of expiry of the 4-month period referred to in the Act, section 29(4) for the report,
(c) for a report about a binding non-coverage application—the date of expiry of the 4-month period referred to in the Act, section 33(4) for the report,
the Act means the Water Industry Competition Act 2006.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
Part 2 Applications
4 IPART must notify applicants of certain incomplete applications—the Act, Sch 2, cl 4
IPART must notify a person who makes the following applications if the application is not in substantial compliance with the Act—
(a) a coverage application,
(b) a revocation application,
(c) a binding non-coverage application.
5 Coverage applications—the Act, s 25 and Sch 2, cl 4(a)
(1) IPART must give the following persons written notice of a coverage application—
(a) for an application made by a person other than the service provider for the service—the service provider,
(b) the relevant Ministers.
(2) A notice must—
(a) specify the following—
(i) when the application was made,
(ii) the report date, and
(b) invite submissions on the application.
(3) IPART may, before the report date—
(a) postpone the report date to a later date (the revised date), and
(b) give written notice of the revised date to—
(i) the applicant, and
(ii) a person from whom submissions were invited under this section.
Note—
The Act, section 25(4) requires IPART to use IPART’s best endeavours to ensure that a report is provided by the report date.
(4) A reference to a report date in subsection (3) includes a reference to a revised date.
6 Revocation applications—the Act, s 29 and Sch 2, cl 4(a)
(1) IPART must give the following persons written notice of a revocation application—
(a) for a revocation application for a coverage declaration made on a coverage application from an access seeker described by the Act, section 24(1)(b)—the access seeker,
(b) the relevant Ministers.
(2) A notice must—
(a) specify the following—
(i) when the application was made,
(ii) the report date, and
(b) invite submissions on the application.
(3) IPART may, before the report date—
(a) postpone the report date to a later date (the revised date), and
(b) give written notice of the revised date to—
(i) the applicant, and
(ii) a person from whom submissions were invited under this section.
Note—
The Act, section 29(4) requires IPART to use IPART’s best endeavours to ensure that a report is provided by the report date.
(4) A reference to a report date in subsection (3) includes a reference to a revised date.
7 Binding non-coverage applications—the Act, s 33 and Sch 2, cl 4(a)
(1) IPART must give the relevant Ministers written notice of a binding non-coverage application.
(2) A notice must—
(a) specify the following—
(i) when the application was made,
(ii) the report date, and
(b) invite submissions on the application.
(3) IPART may, before the report date—
(a) postpone the report date to a later date (the revised date), and
(b) give written notice of the revised date to—
(i) the applicant, and
(ii) the relevant Ministers.
Note—
The Act, section 33(4) requires IPART to use IPART’s best endeavours to ensure that a report is provided by the report date.
(4) A reference to a report date in subsection (3) includes a reference to a revised date.
Part 3 Resolution of access disputes
8 Access seeker may request information—the Act, s 40(2) and Sch 2, cl 4(b)
(1) An access seeker who is a party to an access dispute may, by written notice given to the service provider, request the following information—
(a) a list of the services provided by the service provider under the relevant coverage declaration or access undertaking,
(b) the procedure for obtaining access to each of the services,
(c) the time likely to be required to negotiate access if the matter is not arbitrated,
(d) a copy of IPART’s negotiation protocols,
(e) a statement that, unless otherwise agreed between the parties, IPART’s negotiation protocols will apply to the negotiations,
(f) other information—
(i) described in IPART’s negotiation protocols as being required to be given to an access seeker, or
(ii) the service provider considers appropriate.
(2) A service provider must give an access seeker the requested information within 14 days after receiving the notice.
9 Arbitration applications—the Act, s 40(2) and Sch 2, cl 4(b) and (c)
(1) IPART may consider, for determining whether a person who makes an arbitration application has in good faith attempted to resolve the dispute by negotiation, whether the applicant has contravened the following—
(a) this part,
(b) for a dispute to which IPART’s negotiation protocols apply—IPART’s negotiation protocols.
(2) An arbitration application must state whether the parties have agreed to the application of negotiation protocols other than IPART’s negotiation protocols.
10 Notice of arbitration application being accepted by IPART—the Act, Sch 2, cl 4(a)
(1) IPART must give written notice to the following persons of an arbitration application accepted by IPART—
(a) the Minister,
(b) the parties.
(2) The notice must—
(a) specify the following—
(i) when the application was accepted,
(ii) the determination date, and
(b) be given as soon as practicable after IPART accepts the application.
(3) An arbitrator may, before the determination date—
(a) postpone the determination date to a later date (the revised date), and
(b) give written notice of the revised date to—
(i) the Minister, and
(ii) the parties.
Note—
The Act, section 40(8) requires an arbitrator to use the arbitrator’s best endeavours to determined a dispute by the determination date.
(4) A reference to a determination date in subsection (3) includes a reference to a revised date.
11 Determination of access disputes—the Act, Sch 2, cl 4(c)
(1) An arbitrator may, in making an access determination, do the following—
(a) rely on available information,
(b) make reasonable assumptions about a matter for which information is unavailable,
(c) assume, in the absence of evidence to the contrary, the service provider is able to provide the access seeker with the access sought.
(2) An arbitrator must, before making an access determination, give written notice to the parties to the dispute of the following matters—
(a) assumptions the arbitrator proposes to make for the access determination,
(b) each party’s right to make submissions about the assumptions,
(c) the date by which the submissions must be made.
(3) Failure by the arbitrator to comply with subsection (2) does not affect the validity of an access determination.
12 Application of Commercial Arbitration Act 2010
For the Act, section 40(4), the application of the Commercial Arbitration Act 2010 is modified in the same manner as provided for by the regulations under the Independent Pricing and Regulatory Tribunal Act 1992 for the arbitration of disputes under that Act, section 24A(2).
Part 4 Miscellaneous
13 Register of infrastructure services—the Act, s 44(2)
(1) The register must include all of the following—
(a) for an infrastructure service the subject of a coverage declaration, binding non-coverage declaration or access undertaking—
(i) a description of the service,
(ii) the name, ACN and contact details of the service provider for the service,
(iii) the period for which the declaration or undertaking is to have effect,
(iv) the expiry date of the declaration or undertaking,
(b) for an infrastructure service the subject of a coverage declaration—
(i) the date the declaration was first made,
(ii) the date a subsequent renewal of the declaration was made,
(c) for an infrastructure service the subject of an access undertaking—
(i) the date the undertaking was approved by IPART,
(ii) a statement about how the public can access a copy of the undertaking.
(2) The register may include other information IPART considers appropriate.
(3) In this section—
ACN has the same meaning as in the Corporations Act 2001 of the Commonwealth.
contact details includes the following—
(a) postal and email addresses,
(b) telephone numbers.
register means the register of infrastructure services required to be maintained by IPART under the Act, section 44.
14 Repeal and savings
(1) The Water Industry Competition (Access to Infrastructure Services) Regulation 2021 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Water Industry Competition (Access to Infrastructure Services) Regulation 2021, had effect under that regulation continues to have effect under this regulation.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1 Name of regulation
This regulation is the Water Industry Competition (Access to Infrastructure Services) Regulation 2026.
2 Commencement
This regulation commences on the day on which this regulation is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Water Industry Competition (Access to Infrastructure Services) Regulation 2021, which would otherwise be repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
In this regulation—
access dispute means a dispute, between a service provider and an access seeker, of a kind described in the Act, section 40(1)(a)–(c).
arbitration application means an application for arbitration of an access dispute under the Act, section 40.
determination date, for an arbitration application, means the date of expiry of the 6-month period referred to in the Act, section 40(8).
IPART’s negotiation protocols means the document published by IPART titled Negotiation Protocols as in force from time to time.
parties, to an access dispute, means the following—
(a) the access seeker,
(b) the service provider.
relevant Ministers means the following—
(a) the Minister administering the Act, Part 2,
(b) the Minister administering the Act, Part 3,
(c) the Minister administering the Protection of the Environment Operations Act 1997,
(d) the Minister administering the Public Health Act 2010,
(e) the Minister administering the Water Management Act 2000.
report means the following—
(a) for a coverage application—a report under the Act, section 25(2),
(b) for a revocation application—a report under the Act, section 29(2),
(c) for a binding non-coverage application—a report under the Act, section 33(2).
report date means the following—
(a) for a report about a coverage application—the date of expiry of the 4-month period referred to in the Act, section 25(4) for the report,
(b) for a report about a revocation application—the date of expiry of the 4-month period referred to in the Act, section 29(4) for the report,
(c) for a report about a binding non-coverage application—the date of expiry of the 4-month period referred to in the Act, section 33(4) for the report,
the Act means the Water Industry Competition Act 2006.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
Part 2 Applications
4 IPART must notify applicants of certain incomplete applications—the Act, Sch 2, cl 4
IPART must notify a person who makes the following applications if the application is not in substantial compliance with the Act—
(a) a coverage application,
(b) a revocation application,
(c) a binding non-coverage application.
5 Coverage applications—the Act, s 25 and Sch 2, cl 4(a)
(1) IPART must give the following persons written notice of a coverage application—
(a) for an application made by a person other than the service provider for the service—the service provider,
(b) the relevant Ministers.
(2) A notice must—
(a) specify the following—
(i) when the application was made,
(ii) the report date, and
(b) invite submissions on the application.
(3) IPART may, before the report date—
(a) postpone the report date to a later date (the revised date), and
(b) give written notice of the revised date to—
(i) the applicant, and
(ii) a person from whom submissions were invited under this section.
Note—
The Act, section 25(4) requires IPART to use IPART’s best endeavours to ensure that a report is provided by the report date.
(4) A reference to a report date in subsection (3) includes a reference to a revised date.
6 Revocation applications—the Act, s 29 and Sch 2, cl 4(a)
(1) IPART must give the following persons written notice of a revocation application—
(a) for a revocation application for a coverage declaration made on a coverage application from an access seeker described by the Act, section 24(1)(b)—the access seeker,
(b) the relevant Ministers.
(2) A notice must—
(a) specify the following—
(i) when the application was made,
(ii) the report date, and
(b) invite submissions on the application.
(3) IPART may, before the report date—
(a) postpone the report date to a later date (the revised date), and
(b) give written notice of the revised date to—
(i) the applicant, and
(ii) a person from whom submissions were invited under this section.
Note—
The Act, section 29(4) requires IPART to use IPART’s best endeavours to ensure that a report is provided by the report date.
(4) A reference to a report date in subsection (3) includes a reference to a revised date.
7 Binding non-coverage applications—the Act, s 33 and Sch 2, cl 4(a)
(1) IPART must give the relevant Ministers written notice of a binding non-coverage application.
(2) A notice must—
(a) specify the following—
(i) when the application was made,
(ii) the report date, and
(b) invite submissions on the application.
(3) IPART may, before the report date—
(a) postpone the report date to a later date (the revised date), and
(b) give written notice of the revised date to—
(i) the applicant, and
(ii) the relevant Ministers.
Note—
The Act, section 33(4) requires IPART to use IPART’s best endeavours to ensure that a report is provided by the report date.
(4) A reference to a report date in subsection (3) includes a reference to a revised date.
Part 3 Resolution of access disputes
8 Access seeker may request information—the Act, s 40(2) and Sch 2, cl 4(b)
(1) An access seeker who is a party to an access dispute may, by written notice given to the service provider, request the following information—
(a) a list of the services provided by the service provider under the relevant coverage declaration or access undertaking,
(b) the procedure for obtaining access to each of the services,
(c) the time likely to be required to negotiate access if the matter is not arbitrated,
(d) a copy of IPART’s negotiation protocols,
(e) a statement that, unless otherwise agreed between the parties, IPART’s negotiation protocols will apply to the negotiations,
(f) other information—
(i) described in IPART’s negotiation protocols as being required to be given to an access seeker, or
(ii) the service provider considers appropriate.
(2) A service provider must give an access seeker the requested information within 14 days after receiving the notice.
9 Arbitration applications—the Act, s 40(2) and Sch 2, cl 4(b) and (c)
(1) IPART may consider, for determining whether a person who makes an arbitration application has in good faith attempted to resolve the dispute by negotiation, whether the applicant has contravened the following—
(a) this part,
(b) for a dispute to which IPART’s negotiation protocols apply—IPART’s negotiation protocols.
(2) An arbitration application must state whether the parties have agreed to the application of negotiation protocols other than IPART’s negotiation protocols.
10 Notice of arbitration application being accepted by IPART—the Act, Sch 2, cl 4(a)
(1) IPART must give written notice to the following persons of an arbitration application accepted by IPART—
(a) the Minister,
(b) the parties.
(2) The notice must—
(a) specify the following—
(i) when the application was accepted,
(ii) the determination date, and
(b) be given as soon as practicable after IPART accepts the application.
(3) An arbitrator may, before the determination date—
(a) postpone the determination date to a later date (the revised date), and
(b) give written notice of the revised date to—
(i) the Minister, and
(ii) the parties.
Note—
The Act, section 40(8) requires an arbitrator to use the arbitrator’s best endeavours to determined a dispute by the determination date.
(4) A reference to a determination date in subsection (3) includes a reference to a revised date.
11 Determination of access disputes—the Act, Sch 2, cl 4(c)
(1) An arbitrator may, in making an access determination, do the following—
(a) rely on available information,
(b) make reasonable assumptions about a matter for which information is unavailable,
(c) assume, in the absence of evidence to the contrary, the service provider is able to provide the access seeker with the access sought.
(2) An arbitrator must, before making an access determination, give written notice to the parties to the dispute of the following matters—
(a) assumptions the arbitrator proposes to make for the access determination,
(b) each party’s right to make submissions about the assumptions,
(c) the date by which the submissions must be made.
(3) Failure by the arbitrator to comply with subsection (2) does not affect the validity of an access determination.
12 Application of Commercial Arbitration Act 2010
For the Act, section 40(4), the application of the Commercial Arbitration Act 2010 is modified in the same manner as provided for by the regulations under the Independent Pricing and Regulatory Tribunal Act 1992 for the arbitration of disputes under that Act, section 24A(2).
Part 4 Miscellaneous
13 Register of infrastructure services—the Act, s 44(2)
(1) The register must include all of the following—
(a) for an infrastructure service the subject of a coverage declaration, binding non-coverage declaration or access undertaking—
(i) a description of the service,
(ii) the name, ACN and contact details of the service provider for the service,
(iii) the period for which the declaration or undertaking is to have effect,
(iv) the expiry date of the declaration or undertaking,
(b) for an infrastructure service the subject of a coverage declaration—
(i) the date the declaration was first made,
(ii) the date a subsequent renewal of the declaration was made,
(c) for an infrastructure service the subject of an access undertaking—
(i) the date the undertaking was approved by IPART,
(ii) a statement about how the public can access a copy of the undertaking.
(2) The register may include other information IPART considers appropriate.
(3) In this section—
ACN has the same meaning as in the Corporations Act 2001 of the Commonwealth.
contact details includes the following—
(a) postal and email addresses,
(b) telephone numbers.
register means the register of infrastructure services required to be maintained by IPART under the Act, section 44.
14 Repeal and savings
(1) The Water Industry Competition (Access to Infrastructure Services) Regulation 2021 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Water Industry Competition (Access to Infrastructure Services) Regulation 2021, had effect under that regulation continues to have effect under this regulation.