NSWIn ForceAct
Water Industry Competition Act 2006
55AContingency planning by last resort providers
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#### 55A Contingency planning by last resort providers
55A Contingency planning by last resort providers
> > (1) The regulations may make provision for and about the continued provision of the essential service if there is a declared failure.
>
> > (2) Without limiting subsection (1), the regulations may deal with the following—
> >
> > > (a) the preparation and testing of a plan for that continued provision of service (a contingency plan), including providing that a specified person must—
> > >
> > > > (i) submit, within a specified period, a contingency plan to IPART, and
> > >
> > > > (ii) review and resubmit, at intervals determined by IPART, the contingency plan for the approval of IPART, and
> > >
> > > > (iii) conduct exercises to test the operation of the approved contingency plan as referred to in the plan or as required by IPART,
> >
> > > (b) the content of contingency plans,
> >
> > > (c) the approval of contingency plans by IPART,
> >
> > > (d) the implementation of contingency plans, including—
> > >
> > > > (i) processes for the transfer of customers to the last resort provider if there is a declared failure and the ways transferred customers are to be notified of the transfer, and
> > >
> > > > (ii) arrangements under which staff of the essential service provider assist the last resort provider to provide the essential service during a declared failure.
> >
> > > (e) the appointment of technical experts to prepare or test contingency plans,
> >
> > > (f) last resort readiness testing,
> >
> > > (g) the payment by the essential services provider of the reasonable costs of other persons, including, for example, the last resort provider or a technical expert, in connection with contingency planning and last resort readiness.
>
> > (3) The following persons must, on written request given to the person by IPART or a person specified by the regulations for the purposes of this subsection, including, for example, a technical expert specified by the regulations, assist in the preparation and review of a contingency plan and the conduct of required exercises to test the operation of the contingency plan or a last resort readiness assessment—
> >
> > > (a) the owner of the essential infrastructure,
> >
> > > (b) an essential service provider,
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> > > (c) the last resort provider.
> >
> > Maximum penalty—
> >
> > > (a) for a corporation—2,500 penalty units, or
> >
> > > (b) for an individual—500 penalty units.
>
> **s 55A:** Ins 2021 No 26, Sch 1\[20\].