54Meaning of “essential infrastructure”

#### 54 Meaning of “essential infrastructure” 54 Meaning of “essential infrastructure” > > (1) IPART may, by written notice to the registered operator of a scheme, determine that the scheme is essential infrastructure under this Act if satisfied— > > > > > (a) a failure in the provision of a water or sewerage service provided by, or proposed to be provided by, means of the scheme would have an adverse effect on customers of the service, and > > > > > (b) either— > > > > > > > (i) alternative arrangements for the provision of a replacement service would not be, and could not readily be made to be, reasonably available, or > > > > > > > (ii) it is reasonably necessary for customers of the service to be automatically transferred to the provider of a replacement service if there is a failure in the provision of the service. > > > (2) Despite subsection (1), IPART may not determine that a scheme is essential infrastructure under this Act if a council— > > > > > (a) is the registered operator of the scheme, or > > > > > (b) owns all the water industry infrastructure comprising the scheme, other than reticulation pipelines. > > **s 54:** Rep 2021 No 26, Sch 1\[19\]. Ins 2021 No 26, Sch 1\[20\].