(1) A person must not:
(a) construct, maintain or operate any water industry infrastructure, or (b) supply water, or provide a sewerage service, by means of any water industry infrastructure, otherwise than under the authority of a licence. Maximum penalty: 10,000 penalty units (in the case of a corporation) and 2,500 penalty units (in any other case). Note— An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 97.
(1) The Minister may determine an application for a licence by granting a licence or by refusing the application. (2) The Minister must consider, but is not bound to accept, any advice or recommendation in IPART’s report on the application and may, if circumstances so require, seek further advice from IPART in relation to the application.
(1) A licence is subject to the following conditions:
(a) such conditions as are imposed on it by this Act or the regulations, (b) such other conditions (not inconsistent with those imposed on it by this Act or the regulations) as are imposed on it by the Minister.
(1) If a dispute exists between a service provider and an access seeker:
(a) as to the terms on which the access seeker is to be given access (or an increase in access) to a service the subject of a coverage declaration or an access undertaking, or (b) as to any matter arising under an access agreement that provides for a dispute as to that matter to be dealt with in accordance with this section, or (c) as to any matter arising under a determination under this section, either party to the dispute may apply to IPART for the dispute to be determined by arbitration. Note— Pursuant to section 24B of the (as applied by subsection (5)), the arbitrator for such a dispute may be IPART or some other person appointed by IPART to arbitrate the dispute. Independent Pricing and Regulatory Tribunal Act 1992 (2) IPART may refuse to accept such an application if it is not satisfied that the applicant has, in good faith, attempted to resolve the dispute by negotiation. (3) At any time after commencement of proceedings on an application under this section, the arbitrator may require the service provider to cause notice of the proceedings to be given to all other persons to which the service provider provides access to the service concerned. (4) Subject to this section and the regulations, the applies to an arbitration under this section, and to any determination arising from an arbitration under this section, as if a reference in that Act to an award were a reference to a determination under this section. Commercial Arbitration Act 2010 (5) Sections 24B–24E of the apply to an arbitration under this section in the same way as they apply to an arbitration under section 24A of that Act, and so apply as if: Independent Pricing and Regulatory Tribunal Act 1992
(a) a reference in those sections to a government agency were a reference to a service provider, and (b) section 24B (2) and (3) (b) and (c) of that Act were omitted, except that section 15 of that Act does not apply in relation to any determination arising from an arbitration under this section.
(1) If a dispute exists between a service provider and a sewer miner:
(a) as to the terms of any agreement under which the sewer miner is to be permitted to draw from the contents of the service provider’s sewerage infrastructure, or (b) as to any matter arising under an agreement referred to in paragraph (a) that provides for a dispute as to that matter to be dealt with in accordance with this section, or (c) as to any matter arising under a determination under this section, either party to the dispute may apply to IPART for the dispute to be determined by arbitration. (2) The dispute may be dealt with by IPART or by such other person as IPART may nominate to arbitrate the dispute. (3) At any time after commencement of proceedings on an application under this section, the arbitrator may require the service provider to cause notice of the proceedings to be given to other persons permitted to draw from the contents of the service provider’s sewerage infrastructure.
(1) A small retail customer and any entitled person may apply to the ombudsman for review of a decision in a dispute or complaint to which the scheme relates. (2) Except as provided by the scheme or by the regulations, a person does not have a right of review under this section in respect of a decision for which a review may be sought under section 47 unless the decision has been the subject of review under that section.
(1) The Minister may approve an ombudsman scheme for the purposes of this Act, being a scheme that provides for the appointment of an ombudsman to deal with:
(a) disputes and complaints under water supply or sewerage service contracts entered into with small retail customers, and (a1) disputes and complaints concerning the exercise, or proposed exercise, of functions under Division 2 of Part 6, and (b) any other disputes and complaints of such classes (whether or not under water supply or sewerage service contracts referred to in paragraph (a)) as are prescribed by the regulations. (2) Before approving such a scheme, the Minister must be satisfied that the scheme meets the following objectives:
(a) that all licensed retail suppliers and authorised licensed network operators that are required to be members of the scheme are members of the scheme, have agreed to be bound by decisions of the ombudsman under the scheme and, as members, are so bound, (b) that the scheme has satisfactory arrangements in place to deal with all disputes and complaints referred to in subsection (1), (c) that the ombudsman will be able to operate independently of all licensed retail suppliers and authorised licensed network operators in exercising functions under the scheme, (d) that the scheme will be accessible to small retail customers and entitled persons, (e) that membership of the scheme will be accessible to all potential members and will provide appropriate representation for all members in relation to the scheme’s governing body, (f) that, without limiting any other application of the scheme, the scheme will apply to all disputes and complaints arising under water supply or sewerage service contracts, (g) that the scheme will operate expeditiously and without cost to small retail customers and to entitled persons, (h) that the scheme will allow small retail customers to choose whether or not they wish to be bound by determinations under the scheme, (i) that the scheme will satisfy best practice benchmarks for schemes of a similar kind, both in terms of its constitution and procedure and in terms of its day to day operations, (j) that the scheme will provide for a monetary limit on claims covered by the scheme of an amount or amounts approved by the Minister, (k) that the scheme will maintain the capacity of the ombudsman, where appropriate, to refer disputes or complaints to other forums, (l) that the scheme will require the ombudsman to inform the Minister of substantial breaches of this Act or the regulations, or the conditions of a licence, of which the ombudsman becomes aware, (m) such other objectives as are prescribed by the regulations.
(1) An authorised licensed network operator may appoint a person to be an authorised agent of the authorised licensed network operator for the purposes of exercising powers under this Division by issuing the person with a certificate of authority.
(1) An authorised official may issue a penalty notice to a person if it appears to the official that the person has committed a penalty notice offence. (2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(1) A court that finds a person guilty of an offence under section 72 of unlawfully causing water to be taken, wasted, diverted, consumed or used may make an order directing the person to pay to the licensed network operator or licensed retail supplier concerned such amount as the court considers appropriate for the water so taken, wasted, diverted, consumed or used.
(1) For the purposes of this section, an executive liability offence is an offence against any of the following provisions of this Act that is committed by a corporation:
(a) section 5 (1), (b) section 71. (2) A person commits an offence against this section if:
(a) a corporation commits an executive liability offence, and (b) the person is:
(i) a director of the corporation, or (ii) an individual who is involved in the management of the corporation and who is in a position to influence the conduct of the corporation in relation to the commission of the executive liability offence, and (c) the person:
(i) knows or ought reasonably to know that the executive liability offence (or an offence of the same type) would be or is being committed, and (ii) fails to take all reasonable steps to prevent or stop the commission of that offence. Maximum penalty: The maximum penalty for the executive liability offence if committed by an individual.
(1) For the purposes of this section, a corporate offence is an offence against this Act or the regulations that is capable of being committed by a corporation, whether or not it is an executive liability offence referred to in section 97.(2) A person commits an offence against this section if:
(a) a corporation commits a corporate offence, and (b) the person is:
(i) a director of the corporation, or (ii) an individual who is involved in the management of the corporation and who is in a position to influence the conduct of the corporation in relation to the commission of the corporate offence, and (c) the person:
(i) aids, abets, counsels or procures the commission of the corporate offence, or (ii) induces, whether by threats or promises or otherwise, the commission of the corporate offence, or (iii) conspires with others to effect the commission of the corporate offence, or (iv) is in any other way, whether by act or omission, knowingly concerned in, or party to, the commission of the corporate offence. Maximum penalty: The maximum penalty for the corporate offence if committed by an individual.
(Section 101)
(Section 103)