Water Industry Competition Act 2006
23Declaration criteria
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23 Declaration criteria
23 Declaration criteria
For the purposes of this Part, the following criteria are declaration criteria in relation to an infrastructure service provided by water industry infrastructure—
(a) that the infrastructure is of State significance, having regard to its nature and extent and its importance to the State economy,
(b) that it would not be economically feasible to duplicate the infrastructure,
(c) that access (or an increase in access) to the service by third parties is necessary to promote a material increase in competition in an upstream or downstream market,
(d) that the safe use of the infrastructure by access seekers can be ensured at an economically feasible cost and, if there is a safety requirement, that appropriate regulatory arrangements exist,
(e) that access (or an increase in access) to the service would not be contrary to the public interest.