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Water Industry Competition Act 2006
5Water industry infrastructure to which Part applies
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#### 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)—
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> > > (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\[4\].