5Water industry infrastructure to which Part applies

5 Water industry infrastructure to which Part applies

5 Water industry infrastructure to which Part applies

(1) This Part applies to the following—

(a) water industry infrastructure used or to be used for providing water or sewerage services to 30 or more small retail customer premises (a category A scheme),

(b) water industry infrastructure used or to be used for the production of drinking water, including a filtration, treatment or desalination facility, that has a design capacity of more than 500 kilolitres each day, together with a reticulation network connected to the infrastructure and used to convey anything to or from the infrastructure,

(c) water industry infrastructure used or to be used for the treatment of sewage, stormwater or recycled water that has a design capacity of more than 750 kilolitres each day, together with a reticulation network connected to the infrastructure and used to convey anything to or from the infrastructure,

(d) water industry infrastructure declared by the regulations to be water industry infrastructure to which this Part applies.

(2) However, this Part does not apply to the following—

(a) water industry infrastructure within the area of operations of a public water utility and operated by or on behalf of the public water utility, other than as a last resort provider,

(b) water industry infrastructure excluded from the application of this Part by the regulations.

(3) For the purposes of determining whether this Part applies to water industry infrastructure by operation of subsection (1)—

(a) initial and planned future stages of development of the infrastructure are to be taken into account, and

(b) the design capacity of the infrastructure is to be determined in accordance with guidelines issued by IPART and published in the Gazette and on IPART’s website.

s 5: Am 2011 No 66, Sch 1 [1]; 2012 No 97, Sch 1.45 [1]. Subst 2021 No 26, Sch 1[4].