Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Water Industry Competition Act 2006.
NATHAN REES, M.P.,Minister for Water
Part 1 Preliminary
1 Name of Regulation
This Regulation is the Water Industry Competition (General) Regulation 2008.
2 Commencement
This Regulation commences on 8 August 2008.
3 Definitions
(1) In this Regulation:approved auditor—see clause 31.Australian Drinking Water Guidelines means the document entitled Australian Drinking Water Guidelines, published by the Australian Government, the National Health and Medical Research Council and the Natural Resource Management Ministerial Council, as in force from time to time.Australian Guidelines for Water Recycling means the document entitled Australian Guidelines for Water Recycling: Managing Health and Environmental Risks (Phases 1 and 2), published by the Environment Protection and Heritage Council, the Natural Resource Management Ministerial Council and the Australian Health Ministers’ Conference, as in force from time to time., in relation to non-potable water, means any purpose specified in the relevant network operator’s licence as a purpose for which the water may be used.drinking water means water that is intended, or likely, to be used:(a) for human consumption, orwhether or not the water is used for other purposes.(b) for purposes connected with human consumption, such as the washing or cooling of food or the making of ice for consumption or for the preservation of unpackaged food,Note—This definition corresponds to the definition of drinking water in Part 2B (Safety of drinking water) of the Public Health Act 1991.infrastructure operating plan means a plan prepared in accordance with clause 6 or 13 of Schedule 1, and includes any amendment of that plan that the Minister directs to be made to that plan.market means to promote the supply of water by a licensed retail supplier, or the provision of sewerage services by a licensed retail supplier, for the purpose of attracting customers for the supplier.marketer means any of the following persons who promote the supply of water or the provision of sewerage services for the purpose of attracting or retaining customers:(a) a person who is a licensed retail supplier,(b) a person who, pursuant to a retail supplier’s licence, is authorised to supply water or provide sewerage services,(c) a person who acts as agent of a licensed retail supplier, including a licensed network operator,(d) a person who acts as an intermediary between one or more customers and a licensed retail supplier.marketing code of conduct means a code of conduct for the marketing of water supplies and sewerage services, as established by the Minister in accordance with clause 26, and as amended from time to time.non-potable water means water that is not drinking water.Plumbing and Drainage Code of Practice means Edition No 3 of the code of practice produced by the Committee on Uniformity of Plumbing and Drainage Regulations in New South Wales on 1 July 2006 under the title New South Wales Code of Practice for Plumbing and Drainage.Note—Copies of the Code are available from the Secretariat of the Committee, which can be contacted at the Department of Water and Energy.Register of Licences means the register referred to in section 20 of the Act.retail supply management plan means a plan prepared in accordance with clause 8 or 15 of Schedule 2, and includes any amendment of that plan that the Minister directs to be made to that plan.sewage management plan means a plan prepared in accordance with clause 14 of Schedule 1, and includes any amendment of that plan that the Minister directs to be made to that plan.small retail customer—see clause 5.supply failure customer means a person who, pursuant to section 57 (3) of the Act, becomes a customer of a retailer of last resort as a result of a declaration of supply failure under section 56 of the Act.the Act means the Water Industry Competition Act 2006.transfer—see clause 4.transfer code of conduct means a code of conduct for the transfer of water supplies or sewerage services, as established by the Minister in accordance with clause 27, and as amended from time to time.water industry code of conduct means a code of conduct in relation to the respective responsibilities of licensed network operators, licensed retail suppliers and public water utilities, as established by the Minister in accordance with clause 25, and as amended from time to time.water quality plan means a plan prepared in accordance with clause 7 of Schedule 1, and includes any amendment of that plan that the Minister directs to be made to that plan.(2) Notes included in this Regulation do not form part of this Regulation.
4 Transfers of water supplies and sewerage services
(1) Water supply to any premises is transferred:(a) from one licensed retail supplier to another, or(b) from a licensed retail supplier to a public water utility, orif the ending, whether in whole or in part, of the supply of water to those premises by the one (the transferor) occurs for the purposes of, or at the same time as, the beginning of the supply of water to those premises by the other (the transferee).(c) from a public water utility to a licensed retail supplier,(2) Sewerage services to any premises are transferred:(a) from one licensed retail supplier to another, or(b) from a licensed retail supplier to a public water utility, orif the ending, whether in whole or in part, of the provision of such services to those premises by the one (the transferor) occurs for the purposes of, or at the same time as, the beginning of the provision of such services to those premises by the other (the transferee).(c) from a public water utility to a licensed retail supplier,(3) For the purposes of this clause it is immaterial whether the occupier of the premises is or is not the owner of the premises.
5 Small retail customers
(1) A person is a small retail customer in relation to water supply if the maximum rate at which water is supplied, pursuant to one or more water supply contracts, to all premises that the person owns, leases or occupies is less than 15 megalitres per year.(2) A person is a small retail customer in relation to the provision of sewerage services if the maximum rate at which sewage is discharged, pursuant to one or more sewerage service contracts, from all premises that the person owns, leases or occupies is less than 10.5 megalitres per year, as determined in accordance with guidelines issued by IPART.
Part 2 Licensing of network operators and retail suppliers
Division 1 Network operators
6 Applications for licences
(1) An application for a network operator’s licence for water infrastructure must address each of the matters referred to in section 10 (4) (a)–(e) of the Act that is relevant to that kind of licence and must include, or be accompanied by:(a) information as to the activities for which the licence is sought and the area within which those activities are proposed to be carried out, and(b) a comprehensive statement as to:(i) the events and circumstances that could adversely affect the applicant’s ability to carry out the activities for which the licence is sought, and(ii) the probability of the occurrence of any such event or circumstance, and(iii) the measures to be taken by the applicant to prevent or minimise the likelihood of any such event or circumstance, and(c) a comprehensive statement as to the arrangements that the applicant has made, or proposes to make, in relation to:(i) the design, construction, operation and maintenance of the infrastructure, including particulars as to the life-span of the infrastructure, the system redundancy built into the infrastructure and the arrangements for the renewal of the infrastructure, and(ii) the continued safe and reliable performance of the infrastructure, and(iii) the continuity of water supply, and(iv) alternative water supplies when the infrastructure is inoperable, and(v) the maintenance, monitoring and reporting of standards of service, and(d) a comprehensive statement, in relation to the water supplied from the infrastructure, that specifies:(i) if the water so supplied is drinking water, how the 12 elements of the framework for the management of drinking water quality, as detailed in the Australian Drinking Water Guidelines, have been addressed and will be implemented and maintained, and(ii) if the water so supplied is non-potable water, how the 12 elements of the framework for the management of recycled water quality and use, as detailed in the Australian Guidelines for Water Recycling, have been addressed and will be implemented and maintained and, having regard to those guidelines, the purposes for which the water may be used and the purposes for which the water may not be used, and(e) any other information that will be required for inclusion in the Register of Licences.(2) An application for a network operator’s licence for sewerage infrastructure must address each of the matters referred to in section 10 (4) (a)–(e) of the Act that is relevant to that kind of licence and must include, or be accompanied by:(a) information as to the activities for which the licence is sought and the area within which those activities are proposed to be carried out, and(b) a comprehensive statement as to:(i) the events and circumstances that could adversely affect the applicant’s ability to carry out the activities for which the licence is sought, and(ii) the probability of the occurrence of any such event or circumstance, and(iii) the measures to be taken by the applicant to prevent or minimise the likelihood of any such event or circumstance, and(c) a comprehensive statement as to the arrangements that the applicant has made, or proposes to make, in relation to:(i) the design, construction, operation and maintenance of the infrastructure, including particulars as to the life-span of the infrastructure, the system redundancy built into the infrastructure and the arrangements for the renewal of the infrastructure, and(ii) the continued safe and reliable performance of the infrastructure, and(iii) the continuity of sewerage services, and(iv) alternative sewerage services when the infrastructure is inoperable, and(v) the maintenance, monitoring and reporting of standards of service, and(d) a comprehensive statement, in relation to the conveyance, treatment and disposal of sewage by means of the infrastructure, as to:(i) the manner in which health and ecological assessments will be undertaken and any concerns arising from any such assessment addressed, and(ii) the arrangements for the disposal of waste from the infrastructure, and(e) any other information that will be required for inclusion in the Register of Licences.(3) An applicant for a network operator’s licence for sewerage infrastructure is exempt from the requirements of subclause (2) (b) to the extent to which the infrastructure is the subject of a licence under the Protection of the Environment Operations Act 1997.(4) For the purpose of considering the application, either the Minister or IPART may direct the applicant to furnish further information within a specified time.
7 Matters as to which Minister must be satisfied in relation to licence applications: section 10 (4) (e)
Before granting a network operator’s licence, the Minister must be satisfied that the applicant has the capacity to carry out the activities that the licence (if granted) would authorise in a manner that does not present a significant risk of harm to the environment.
8 Purposes for which non-potable water may be used
(1) A network operator’s licence for the construction, maintenance and operation of water infrastructure for the supply of non-potable water must specify the purposes for which the water may be used (referred to as ).(2) The purposes for which non-potable water may be used are to be determined in accordance with the 12 elements of the framework for the management of recycled water quality and use, as detailed in the Australian Guidelines for Water Recycling.
9 Prescribed licence conditions: section 13 (1) (a)
The conditions to which a network operator’s licence is subject are:(a) in relation to a licence for the construction, maintenance and operation of water infrastructure, the conditions set out in Parts 1 and 2 of Schedule 1, and(b) in relation to a licence for the construction, maintenance and operation of sewerage infrastructure, the conditions set out in Parts 1 and 3 of Schedule 1.Note—Other conditions may be imposed by the Minister under section 13 (1) (b) of the Act.
Division 2 Retail suppliers
10 Applications for licences
(1) An application for a retail supplier’s licence for the supply of water must address each of the matters referred to in section 10 (4) (a)–(e) of the Act that are relevant to that kind of licence, and must include, or be accompanied by:(a) information as to the activities for which the licence is sought and the area within which those activities are proposed to be carried out, and(b) a comprehensive statement as to:(i) the events and circumstances that could adversely affect the applicant’s ability to supply water, and(ii) the probability of the occurrence of any such event or circumstance, and(iii) the measures to be taken by the applicant to prevent the occurrence, or minimise the effect, of any such event or circumstance, and to arrange for alternative supplies of water in response to any such event or circumstance, and(iv) the arrangements that the applicant has made, or proposes to make, in relation to complaint and debt recovery procedures, and(c) any other information that will be required for inclusion in the Register of Licences.(2) An application for a retail supplier’s licence for provision of sewerage services must address each of the matters referred to in section 10 (4) (a)–(e) of the Act that are relevant to that kind of licence and must include, or be accompanied by:(a) information as to the activities for which the licence is sought and the area within which those activities are proposed to be carried out, and(b) a comprehensive statement as to:(i) the events and circumstances that could adversely affect the applicant’s ability to provide sewerage services, and(ii) the probability of the occurrence of any such event or circumstance, and(iii) the measures to be taken by the applicant to prevent the occurrence, or minimise the effect, of any such event or circumstance, and to arrange for the provision of alternative sewerage services in response to any such event or circumstance, and(iv) the arrangements that the applicant has made, or proposes to make, in relation to complaint and debt recovery procedures, and(c) any other information that will be required for inclusion in the Register of Licences.(3) For the purpose of considering the application, either the Minister or IPART may direct the applicant to furnish further information within a specified time.
11 Matters as to which Minister must be satisfied in relation to licence applications: section 10 (4) (e)
Before granting a retail supplier’s licence, the Minister must be satisfied that the applicant has the capacity to carry out the activities that the licence (if granted) would authorise in a manner that does not present a significant risk of harm to the environment.
12 Purposes for which water may be supplied under a retail supplier’s licence
(1) A retail supplier’s licence must not authorise the supply of drinking water unless the water infrastructure from which the water is to be supplied is also authorised in relation to the supply of drinking water.(2) A retail supplier’s licence that authorises the supply of non-potable water must indicate the authorised purposes for that water, being the authorised purposes specified in the licence for the water infrastructure from which the water is to be supplied.
13 Prescribed licence conditions: section 13 (1) (a)
(1) The conditions to which a retail supplier’s licence is subject are:(a) in relation to a licence for the supply of water, the conditions set out in Parts 1 and 2 of Schedule 2, and(b) in relation to a licence for the provision of sewerage services, the conditions set out in Parts 1 and 3 of Schedule 2.Note—Other conditions may be imposed by the Minister under section 13 (1) (b) of the Act.(2) Clauses 2, 3, 4, 5, 13 and 18 of Schedule 2 apply only to those licensees that supply water, or provide sewerage services, to small retail customers.
Division 3 General
14 Applications for variation of licence conditions
(1) An application under section 15 of the Act:(a) must be in such form as the Minister may approve, and(b) must be accompanied by such fee as the Minister may determine, and(c) must be lodged at the office of IPART.(2) The provisions of clause 6 (1), (2) and (4) apply to an application in relation to the conditions of a network operator’s licence, but to the extent only to which they are relevant to the application, in the same way as they apply to an application for that kind of licence.(3) The provisions of clause 10 (1), (2) and (3) apply to an application in relation to the conditions of a retail supplier’s licence, but to the extent only to which they are relevant to the application, in the same way as they apply to an application for that kind of licence.(4) In considering the conditions to which a licence should be subject, regard is to be had to the principles set out in section 7 (1) of the Act.(5) Subclause (4) does not restrict the matters to which regard may be had in considering the matters referred to in that subclause.
15 Combined applications
A single application under section 8 or 15 of the Act may relate both to a network operator’s licence and to a retail supplier’s licence.
16 Combined plans
(1) An infrastructure operating plan, water quality plan, sewage management plan and retail supply management plan (being plans prepared on behalf of the holder of one or more licences) may be contained in a single document.(2) Subclause (1) does not apply to the extent to which the Minister directs to the contrary by written notice given to the licensee concerned.(3) Any required plan for water or sewerage infrastructure that is intended to connect with other such infrastructure:(a) must be consistent with any other required plan for the other infrastructure, and(b) must demonstrate that the infrastructure to which it relates is compatible with the other infrastructure.(4) In subclause (3), required plan means:(a) an infrastructure operating plan, a water quality plan or a sewage management plan, or(b) in relation to a public water utility’s infrastructure, any requirements in the nature of such a plan to which the public water utility is subject under its operating licence or otherwise.
17 Person to be notified as to licence applications: section 9 (1) (b) (iii)
IPART must furnish the following additional persons with copies of any application for a network operator’s or retail supplier’s licence:(a) the Minister administering the Environmental Planning and Assessment Act 1979,(b) the Minister administering the Protection of the Environment Operations Act 1997.
18 Register of Licences
(1) The Register of Licences is to include the following information in relation to each licence:(a) the name of the licensee,(b) the name of each person (other than the licensee) who is specified in the licence as being authorised:(i) to construct, maintain and operate the water or sewerage infrastructure specified in the licence, oras the case requires,(ii) to supply water, or provide sewerage services, by means of the water or sewerage infrastructure so specified,(c) the kind of licence (network operator’s or retail supplier’s) held by the licensee,(d) the activities that the licensee is authorised to carry out, as specified in the licence,(e) the date on which the licence was granted,(f) the licensee’s area of operations under the licence,(g) any conditions imposed on the licence by the Minister under section 13 (1) (b) of the Act,(h) any variation of licence conditions under section 15 of the Act,(i) details of any action taken against the licensee under section 16 of the Act,(j) such other information as is required by subclause (2), (3), (4) or (5).(2) In the case of a network operator’s licence for water infrastructure, the Register of Licences must also include the following information:(a) each source from which the water handled by the infrastructure is derived,(b) in the case of non-potable water, the authorised purposes for that water,(c) the identity of each licensed retail supplier or public water utility that has access to the infrastructure services provided by the infrastructure for the purpose of supplying water to its customers,(d) a description of any other water infrastructure to which the infrastructure is connected.(3) In the case of a network operator’s licence for sewerage infrastructure, the Register of Licences must also include the following information:(a) the identity of each licensed retail supplier or public water utility that has access to infrastructure services provided by the infrastructure for the purpose of providing sewerage services to its customers,(b) a description of any other sewerage infrastructure with which the infrastructure is connected,(c) a description of the arrangements for the disposal of waste from the infrastructure.(4) In the case of a retail supplier’s licence for the supply of water, the Register of Licences must also include the following information:(a) a list of each licensed network operator or public water utility from whose water infrastructure the licensee supplies water to its customers,(b) each source from which the water handled by the infrastructure is derived,(c) a statement as to whether or not any of the licensee’s customers are small retail customers,(d) details of any order under section 54 of the Act by which the licensee is declared to be a retailer of last resort.(5) In the case of a retail supplier’s licence for the provision of sewerage services, the Register of Licences must also include the following information:(a) a list of each licensed network operator or public water utility by means of whose sewerage infrastructure the licensee provides sewerage services to its customers,(b) a statement as to whether or not any of the licensee’s customers are small retail customers,(c) details of any order under section 54 of the Act by which the licensee is declared to be a retailer of last resort.
19 Exemptions from the requirement for a licence: section 5 (4) (b)
The following water or sewerage infrastructure is prescribed as infrastructure to which section 5 of the Act does not apply (and so is exempt from the requirement for a licence):(a) water or sewerage infrastructure that is constructed, maintained or operated for or on behalf of a licensee or a public water utility,(b) a water supply work within the meaning of the Water Management Act 2000 that is used solely for the purpose of taking water pursuant to an entitlement under Chapter 3 of that Act,(c) a work to which Part 2 or 5 of the Water Act 1912 applies that is used solely for the purpose of taking water pursuant to an entitlement under Part 2 or 5 of that Act,(d) water or sewerage infrastructure:(i) that is wholly situated on premises owned by the one person, whether or not the whole or any part of those premises are leased to, or occupied by, some other person, and(ii) that is owned or controlled by the person by whom those premises are owned,(e) any work that is used solely for stormwater drainage purposes.
Part 3 Retailers of last resort
20 Contingency plans: section 55
The contingency plan prepared by a retailer of last resort:(a) must identify the water or sewerage infrastructure from which it proposes to supply water, or provide sewerage services, to supply failure customers, and(b) must outline the arrangements that it has, or proposes to make, with the service provider for that infrastructure for supplying water, or providing sewerage services, to supply failure customers, and(c) must indicate the additional costs that it is likely to incur if it has to supply water, or provide sewerage services, to supply failure customers, and(d) must indicate any limitations (such as limitations as to capacity and reliability) in its ability to supply water, or provide sewerage services, to supply failure customers, and(e) must indicate any consequential effects on its ability to supply water, or provide sewerage services, to its other customers that are likely to arise if it is has to supply water, or provide sewerage services, to supply failure customers.
21 Declaration of supply failure: section 56 (2)
(1) The following circumstances are prescribed as circumstances in which the Minister may declare a supply failure in relation to a licensed retail supplier:(a) where, as a consequence of action taken under section 15 or 16 of the Act, the licensee is no longer authorised to supply water or provide sewerage services, as the case may be, to its customers in the whole or any part of its area of operations,(b) where the licensee has refused to supply water or provide sewerage services to its small retail customers in the whole or any part of its area of operations without having made adequate arrangements for the transfer of the water supply or sewerage services to some other licensed retail supplier or public water utility,(c) where the licensee has given written notice to the Minister of its intention to terminate the supply of water, or the provision of sewerage services, to some or all of its customers,(d) where the licensee is unable, or the Minister is satisfied that it is imminently likely to become unable, to supply water or provide sewerage services to its customers in the whole or any part of its area of operations.(2) As soon as practicable after a supply failure is declared in relation to a licensed retail supplier, the supplier must provide the relevant retailer of last resort with such information as the transfer code of conduct requires to be provided in those circumstances.
22 Special circumstances contracts: section 57 (3)
(1) The terms on which a retailer of last resort supplies its small retail customers are prescribed as the terms of that retailer’s special circumstances contract.(2) If the retailer of last resort supplies different small retail customers under different contracts, the prescribed terms are the terms of such of those contracts as the Minister may notify the retailer as having been approved by the Minister for that purpose.
23 Retailer of last resort supply fee
A retailer of last resort may require a transferred customer to pay a last resort supply fee not exceeding an amount determined by the Minister on the recommendation of IPART.
24 Notice of special circumstances contract to be sent to customers
As soon as practicable after a person becomes a customer of a retailer of last resort pursuant to section 57 of the Act, the retailer of last resort must cause notice of that fact, together with a copy of the relevant special circumstances contract, to be sent to the customer.
Part 4 General
25 Establishment of water industry code of conduct
(1) The Minister may, by order published in the Gazette, establish a code of conduct in relation to the respective responsibilities of licensed network operators, licensed retail suppliers and public water utilities.(2) The water industry code of conduct may make provision with respect to such matters concerning the responsibilities referred to in subclause (1) as the Minister considers appropriate.(3) Without limiting subclause (2), the water industry code of conduct may make provision with respect to the following matters:(a) responsibility for water quality,(b) liability in the event of the unavailability of water,(c) liability in the event of infrastructure failure,(d) fees and charges payable in respect of the use of infrastructure,(e) responsibility for handling customer complaints.(4) A licensed network operator, licensed retail supplier or public water utility must not contravene the water industry code of conduct.Maximum penalty: 200 penalty units (in the case of a corporation) or 50 penalty units (in any other case).
26 Establishment of marketing code of conduct
(1) The Minister may, by order published in the Gazette, establish a code of conduct for the marketing of water supplies and sewerage services.(2) The marketing code of conduct may make provision with respect to such matters concerning the marketing of water supplies and sewerage services as the Minister considers appropriate.(3) Without limiting subclause (2), the marketing code of conduct may make provision with respect to the following matters:(a) standards of conduct to be observed by marketers, whether marketing in person or by phone, by letter, by fax or by email,(b) the information to be provided by marketers to persons to whom they are marketing,(c) the cooling-off periods to be available to new customers.(4) A marketer must not contravene the marketing code of conduct.Maximum penalty: 200 penalty units (in the case of a corporation) or 50 penalty units (in any other case).
27 Establishment of transfer code of conduct
(1) The Minister may, by order published in the Gazette, establish a code of conduct for the transfer of water supplies or sewerage services to, from or between licensed retail suppliers.(2) The transfer code of conduct may make provision with respect to such matters concerning the transfer of water supplies or sewerage services as the Minister considers appropriate.(3) Without limiting subclause (2), the transfer code of conduct may make provision with respect to the following matters:(a) the information that a licensed retail supplier must provide to the relevant retailer of last resort in the event that a supply failure is declared in relation to the retail supplier,(b) the procedures to be observed by transferors, transferees and relevant service providers when water supplies or sewerage services are transferred,(c) the period of time within which transferors, transferees and relevant service providers must comply with their obligations under the code.(4) A transferor, transferee or relevant service provider must not contravene the transfer code of conduct.Maximum penalty: 200 penalty units (in the case of a corporation) or 50 penalty units (in any other case).
28 Water restrictions
(1) This clause applies to any part of a licensee’s area of operations in respect of which an order under:(a) the Local Government Act 1993, or(b) the Water Management Act 2000, or(c) the Hunter Water Act 1991, orrestricts the use or consumption of water supplied by a public water utility (a local water restrictions order).(d) the Sydney Water Act 1994,(2) The Minister may, by notice published in the Gazette, declare that a local water restrictions order, as in force from time to time, applies to and in respect of the use or consumption of water supplied by the licensee in the same way as it applies to and in respect of the use or consumption of water supplied by the public water utility.(3) Such a declaration may not be made if the licensee derives its water from a different water source to that from which the public water utility derives its water unless the Minister is satisfied that the circumstances giving rise to the local water restrictions order apply to both water sources.(4) The Minister may, by order in writing, authorise a public water utility by which a local water restrictions order may be made to make a declaration under this clause on the Minister’s behalf.(5) A declaration made by a public water utility so authorised may be included in the same instrument as the local water restrictions order to which it relates.(6) A person who uses or consumes water in contravention of a local water restrictions order, as applied by this clause, is guilty of an offence.Maximum penalty: 50 penalty units (in the case of a corporation) and 5 penalty units (in any other case).
29 Internal review: section 47 (2) (c)
(1) A failure to make a decision on an application for a review under section 47 of the Act within 20 business days after the application is made is taken to be a refusal to alter the decision to which the application relates.(2) In this clause, business day means any day that is not a Saturday, Sunday or public holiday.
30 Approved ombudsman scheme: section 49 (1) (b)
(1) The following classes of disputes and complaints are prescribed as disputes and complaints in relation to which an ombudsman scheme may be approved:(a) disputes and complaints in relation to the marketing of water supplies or sewerage services,(b) disputes and complaints arising in connection with water supply contracts and sewerage service contracts,(c) disputes and complaints in relation to the transfer of water supplies or sewerage services.(2) The ombudsman appointed under an approved ombudsman scheme:(a) must cause copies of all public reports issued by the ombudsman to be given to the Minister, and(b) must cause notice to be given to the Minister of changes in the policies and procedures to be adopted in connection with the scheme.(3) Without limiting subclause (2), the Minister may from time to time require the ombudsman appointed under an approved ombudsman scheme to provide the Minister with reports on the operation of the scheme, including:(a) particulars as to the extent to which the scheme is meeting the objectives referred to in section 49 (2) of the Act, and(b) particulars as to the extent to which the scheme has met relevant best practice benchmarks, and(c) particulars as to the extent to which licensees or specified licensees and other persons bound by the scheme have complied with their obligations under the scheme.
31 Approved auditors
For the purposes of this Regulation, a reference to an approved auditor, in relation to any matter affecting a licensee, is a reference to:(a) a person nominated by IPART, or(b) a person chosen by the licensee from a panel of persons nominated by IPART, or(c) a person nominated by the licensee and approved by IPART.
32 Availability of guidelines
Paper copies of the Australian Drinking Water Guidelines and the Australian Guidelines for Water Recycling are to be kept available for inspection by the public at the offices of IPART and electronic copies are to be made accessible to the public on or from IPART’s website.
33 Exemption from licensing requirements: transitional provision
(1) This clause applies to any water or sewerage infrastructure:(a) whose construction commenced before 8 August 2008, or(b) that was being operated immediately before 8 August 2008.(2) Water or sewerage infrastructure to which this clause applies is exempt from the operation of section 5 of the Act:(a) until 8 August 2009, or(b) if an application for a licence in relation to the infrastructure is lodged at the office of IPART before that date:(i) until the application is finally determined, orwhichever first occurs.(ii) until the applicant is notified by IPART that the applicant has failed to comply with a direction to supply further information under clause 6 (4) or 10 (3),(3) In their application to infrastructure to which this clause applies:(a) clauses 6 (1) and 7 (1) of Schedule 1 are to be construed as if the words “Before commencing to operate water infrastructure commercially” were replaced by the words “Within 6 months after being granted a network operator’s licence for water infrastructure”, and(b) clauses 13 (1) and 14 (1) of Schedule 1 are to be construed as if the words “Before commencing to operate sewerage infrastructure commercially” were replaced by the words “Within 6 months after being granted a network operator’s licence for sewerage infrastructure”.
Schedule 1 Conditions for network operators’ licences
(Clause 9)
Part 1 Licence conditions for all licences
1 Provision of information
(1) The licensee must provide the Minister or IPART with such information as the Minister or IPART may from time to time direct in relation to the licensee’s activities under the licence, and must provide it within such time as is specified in that direction.(2) The licensee must immediately notify:(a) IPART, and(b) the Minister administering the Public Health Act 1991, and(c) the Minister administering Part 2 of the Water Industry Competition Act 2006, and(d) any licensed retail supplier that supplies water or provides sewerage services by means of the licensee’s infrastructure, andof any incident in the conduct of its activities that threatens, or could threaten, water quality, public health or safety.(e) any other licensed network operator or public water utility whose infrastructure is connected to the licensee’s infrastructure,(3) The licensee must permit:(a) the publication on IPART’s website of such matters concerning the licensee as are required to be recorded on the Register of Licences, and(b) the disclosure between relevant government agencies of any information that the licensee has provided to any one of them, and(c) the disclosure to the general public of information as to any incidents reported under subclause (2).(4) In this clause, relevant government agency means any Minister or Division of the Government Service that is involved in the administration of the Act, or to which information is provided pursuant to the Act, this Regulation or any licence condition.
2 Commercial operation of water or sewerage infrastructure
(1) The licensee must not bring any new water or sewerage infrastructure into commercial operation without the written approval of the Minister.(2) Such an approval is not to be given unless the Minister has been provided with a report, prepared by an approved auditor in such manner and form as the Minister may direct, that indicates that the infrastructure:(a) complies with the requirements of this Regulation and any licence conditions, and(b) is capable of operating safely and in accordance with its infrastructure operating plan and its water quality or sewage management plan, as the case requires.(3) For the purposes of this clause, infrastructure that extends or expands existing infrastructure is not new infrastructure unless its design, construction or operation:(a) involves different technology to that used in connection with the existing infrastructure, or(b) is inconsistent with the infrastructure operating plan, or the water quality plan or sewage management plan, for the existing infrastructure.
3 Safe and reliable network
The licensee must ensure that its water or sewerage infrastructure is properly designed and constructed, operated in a safe and reliable manner and maintained in a proper condition, having regard to:(a) the purposes for which it is licensed, and(b) the licence conditions, and(c) any publicly available standards or codes relating to its design, construction, operation and maintenance.
4 Environmental protection
(1) The licensee must comply with the requirements of:(a) the Environmental Planning and Assessment Act 1979 and any environmental planning instruments under that Act, andin relation to the protection of the environment.(b) the Protection of the Environment Operations Act 1997 and any regulations under that Act,(2) Subclause (1) applies only in relation to the licensee’s activities under the licence.
5 Codes of conduct
To the extent that it applies to a network operator, the licensee must comply with any water industry code of conduct, marketing code of conduct and transfer code of conduct.
Part 2 Additional conditions for licences for water infrastructure
6 Infrastructure operating plans
(1) Before commencing to operate water infrastructure commercially, the licensed network operator for the infrastructure must prepare, and forward to IPART, an infrastructure operating plan that indicates the arrangements that the licensee has made, or proposes to make, in relation to:(a) the design, construction, operation and maintenance of the infrastructure, including particulars as to the life-span of the infrastructure, the system redundancy built into the infrastructure and the arrangements for the renewal of the infrastructure, and(b) the continued safe and reliable performance of the infrastructure, and(c) the continuity of water supply, and(d) alternative water supplies when the infrastructure is inoperable, and(e) the maintenance, monitoring and reporting of standards of service.(2) The licensee:(a) must ensure that its infrastructure operating plan is fully implemented and kept under regular review and, in particular, that all of its activities are carried out in accordance with that plan, and(b) must, if the Minister so directs, amend its infrastructure operating plan in accordance with the Minister’s direction.(3) If the Minister or IPART so demands, or if any significant change is made to its infrastructure operating plan, the licensee:(a) must provide the Minister or IPART with a report, prepared by an approved auditor in such manner and form as the Minister or IPART may direct:(i) as to the adequacy of the plan, andhaving regard to the purpose for which it is licensed, or(ii) as to the condition of its infrastructure,(b) must pay the Minister’s or IPART’s costs of conducting an investigation into the adequacy of the plan or the condition of its infrastructure.
7 Water quality plans
(1) Before commencing to operate water infrastructure commercially, the licensed network operator for the infrastructure must prepare, and forward to IPART, a water quality plan, in relation to the water supplied from the infrastructure, that specifies:(a) if the water so supplied is drinking water, how the 12 elements of the framework for the management of drinking water quality, as detailed in the Australian Drinking Water Guidelines, have been addressed and will be implemented, and(b) if the water so supplied is non-potable water, how the 12 elements of the framework for the management of recycled water quality and use, as detailed in the Australian Guidelines for Water Recycling, have been addressed and will be implemented and, having regard to those guidelines, the purposes for which the water may be used and the purposes for which the water may not be used.(2) A water quality plan in relation to water infrastructure for drinking water must be consistent with the Australian Drinking Water Guidelines.(3) A water quality plan in relation to water infrastructure for non-potable water must be consistent with the Australian Guidelines for Water Recycling.(4) The licensee:(a) must ensure that its water quality plan is fully implemented and kept under regular review and, in particular, that all of its activities are carried out in accordance with that plan, and(b) must, if the Minister so directs, amend its water quality plan in accordance with the Minister’s direction.(5) If the Minister or IPART so demands, or if any significant change is made to its water quality plan, the licensee:(a) must provide the Minister or IPART with a report, prepared by an approved auditor in such manner and form as the Minister or IPART may direct, as to the adequacy of the plan, or(b) must pay the Minister’s or IPART’s costs of conducting an investigation into the adequacy of the plan.
8 Water meters
(1) Any water meter that is connected to a licensee’s water main must comply with the requirements of the Plumbing and Drainage Code of Practice.(2) While water is being supplied to premises in respect of which a water meter has been installed, the licensee must ensure that:(a) the water meter is properly maintained and periodically tested, and(b) the water meter is read at intervals of no more than 4 months, and(c) written notice of each meter reading is sent to the relevant licensed retail supplier.
9 Drinking water
The licensee under a licence for water infrastructure to supply drinking water must ensure that the water supplied:(a) is fit for human consumption, and(b) complies with any requirements of the licence conditions, and(c) complies with any requirements under the Public Health Act 1991 in relation to the supply of safe drinking water.
10 Non-potable water
The licensee under a licence for water infrastructure to supply non-potable water for a particular purpose must ensure that the water supplied:(a) is fit for that purpose, and(b) complies with any requirements of the licence conditions.
11 Customer connections
The licensee must not allow a customer’s installation to be connected to the licensee’s water main unless the installation complies with the Plumbing and Drainage Code of Practice.
12 Matters to be contained on licensee’s website
The licensee must have an internet website on which the following matters are available for inspection by members of the public:(a) a plan showing the nature and general location of the infrastructure,(b) the licensee’s infrastructure operating plan,(c) the licensee’s water quality plan,(d) the most recent auditor’s report under clause 6 that applies to the licensee,(e) the most recent auditor’s report under clause 7 that applies to the licensee.
Part 3 Additional conditions for licences for sewerage infrastructure
13 Infrastructure operating plans
(1) Before commencing to operate sewerage infrastructure commercially, the licensed network operator for the infrastructure must prepare, and forward to IPART, an infrastructure operating plan that indicates the arrangements that the licensee has made, or proposes to make, in relation to:(a) the design, construction, operation and maintenance of the infrastructure, including particulars as to the life-span of the infrastructure, the system redundancy built into the infrastructure and the arrangements for the renewal of the infrastructure, and(b) the continued safe and reliable performance of the infrastructure, and(c) the continuity of sewerage services, and(d) alternative sewerage services when the infrastructure is inoperable, and(e) the maintenance, monitoring and reporting of standards of service.(2) The licensee:(a) must ensure that its infrastructure operating plan is fully implemented and kept under regular review and, in particular, that all of its activities are carried out in accordance with that plan, and(b) must, if the Minister so directs, amend its infrastructure operating plan in accordance with the Minister’s direction.(3) If the Minister or IPART so demands, or if any significant change is made to its infrastructure operating plan, the licensee:(a) must provide the Minister or IPART with a report, prepared by an approved auditor in such manner and form as the Minister or IPART may direct:(i) as to the adequacy of the plan, andhaving regard to the purpose for which it is licensed, or(ii) as to the condition of its infrastructure,(b) must pay the Minister’s or IPART’s costs of conducting an investigation into the adequacy of the plan or the condition of its infrastructure.
14 Sewage management plans
(1) Before commencing to operate sewerage infrastructure commercially, the licensed network operator for the infrastructure must prepare, and forward to IPART, a sewage management plan, in relation to the conveyance, treatment and disposal of sewage by means of the infrastructure, that indicates:(a) the manner in which health and ecological assessments will be undertaken and any concerns arising from any such assessment addressed, and(b) the arrangements for the disposal of waste from the infrastructure.(2) An applicant for a network operator’s licence for sewerage infrastructure is exempt from the requirement for a sewage management plan to the extent to which the infrastructure is the subject of a licence under the Protection of the Environment Operations Act 1997.(3) The licensee:(a) must ensure that its sewage management plan is fully implemented and kept under regular review and, in particular, that all of its activities are carried out in accordance with that plan, and(b) must, if the Minister so directs, amend its sewage management plan in accordance with the Minister’s direction.(4) If the Minister or IPART so demands, or if any significant change is made to its sewage management plan, the licensee:(a) must provide the Minister or IPART with a report, prepared by an approved auditor in such manner and form as the Minister or IPART may direct, as to the adequacy of the plan, or(b) must pay the Minister’s or IPART’s costs of conducting an investigation into the adequacy of the plan.
15 Customer connections
The licensee must not allow a customer’s installation to be connected to the licensee’s sewer main unless the installation complies with the Plumbing and Drainage Code of Practice.
16 Matters to be contained on licensee’s website
The licensee must have an internet website on which the following matters are available for inspection by members of the public:(a) a plan showing the nature and general location of the separate components of the infrastructure (that is, each component that is used for the treatment, storage, conveyance or reticulation of sewage),(b) the licensee’s infrastructure operating plan,(c) the licensee’s sewage management plan,(d) the most recent auditor’s report under clause 13 that applies to the licensee,(e) the most recent auditor’s report under clause 14 that applies to the licensee.
Schedule 2 Conditions for retail suppliers’ licences
(Clause 13)
Part 1 Licence conditions for all licences
1 Provision of information
(1) The licensee must provide the Minister or IPART with such information as the Minister or IPART may from time to time direct in relation to the licensee’s activities under the licence, and must provide it within such time as is specified in that direction.(2) The licensee must immediately notify:(a) IPART, and(b) the Minister administering the Public Health Act 1991, and(c) the Minister administering Part 2 of the Water Industry Competition Act 2006, andof any incident in the conduct of its activities that threatens, or could threaten, water quality, public health or safety.(d) any licensed network operator by means of whose infrastructure the retailer supplies water or provides sewerage services,(3) The licensee must permit:(a) the publication on IPART’s website of such matters concerning the licensee as are required to be recorded on the Register of Licences, and(b) the disclosure between relevant government agencies of any information that the licensee has provided to any one of them, and(c) the disclosure to the general public of information as to any incidents reported under subclause (2).(4) In this clause, relevant government agency means any Minister or Division of the Government Service that is involved in the administration of the Act, or to which information is provided pursuant to the Act, this Regulation or any licence condition.
2 Implementation of government policy with respect to social programs
(1) The licensee:(a) must implement any relevant government policy that applies to it, and(b) must ensure that details of any such policy are forwarded to each of its customers at least once every quarter, and(c) must furnish a report to IPART and to the relevant Department Head, as soon as practicable after the end of each quarter, as to:(i) the identity of each customer to whom any payment assistance, discount or rebate has been given during that quarter pursuant to any such policy, and(ii) the amount of any such payment assistance, discount or rebate, and(d) must furnish a report to any licensee to which there is a transfer of water supplies or sewerage services in respect of a customer referred to in paragraph (c) (i), as soon as practicable after the transfer takes effect, as to:(i) the fact that the customer has been receiving any payment assistance, discount or rebate pursuant to any such policy, and(ii) the amount of any such payment assistance, discount or rebate.(2) This clause does not apply to a licence for the supply of water to a customer who also receives water from a public water utility, another licensee or some other person unless the water supplied under the licence is or includes drinking water.(3) In this clause:quarter means the 3-month period ending 31 March, 30 June, 30 September or 31 December in any year.relevant Department Head means:(a) in relation to customers whose premises are located within the area of operations of a water supply authority, council or county council, the Director-General of the Department of Local Government, and(b) in relation to customers whose premises are located within the area of operations of the Sydney Water Corporation or Hunter Water Corporation, the Director-General of the Department of Water and Energy.relevant government policy means government policy with respect to social programs for the supply of water and the provision of sewerage services, as referred to in section 13 (3) (a) of the Act.
3 Customers to be notified of translation services
(1) Any notice that the licensee is required to send to its customers, whether by the Act, this Regulation or a licence condition, must include, or be accompanied by, information as to the existence of, and the telephone numbers for, any community translation services that are available.(2) Such information is to be given:(a) in English, Arabic, Cantonese, Greek, Italian, Spanish and Vietnamese, and(b) in such other languages as are spoken by more than 3 per cent of the population within the licensee’s area of operations.
4 Code of practice for customer complaints
(1) The licensee:(a) must establish and comply with a code of practice for customer complaints, whether in relation to:(i) the supply of water, or the provision of sewerage services, by the licensee, or(ii) the operation of the water or sewerage infrastructure from which that water is supplied or those services provided, and(b) must provide copies of that code of practice to the Minister, IPART and to the ombudsman, and(c) must keep its customers informed as to:(i) the provisions of that code of practice, and(ii) the existence of the ombudsman, and the procedure for referring complaints or disputes to the ombudsman, and(d) must furnish periodic reports to the Minister and IPART, in relation to the complaints it receives, in such form, and containing such information, as the Minister or IPART requires.(2) A code of practice referred to in subclause (1) must conform to the requirements of AS/ISO 10002—2006.(3) In subclause (2), AS/ISO 10002—2006 means the Australian Standard entitled AS ISO 10002—2006, Customer Satisfaction—Guidelines for complaints handling in organizations, as published by Standards Australia in April 2006.
5 Code of practice for debt recovery
(1) The licensee:(a) must establish and comply with a code of practice for debt recovery, and(b) must provide copies of that code of practice to the Minister, IPART and to the ombudsman, and(c) must keep its customers informed as to the provisions of that code of practice.(2) The code must provide for the deferment, in whole or in part, of payments owed by customers suffering financial hardship.
6 Codes of conduct
The licensee must comply with any water industry code of conduct, marketing code of conduct and transfer code of conduct.
7 Environmental protection
(1) The licensee must comply with the requirements of:(a) the Environmental Planning and Assessment Act 1979 and any environmental planning instruments under that Act, andin relation to the protection of the environment.(b) the Protection of the Environment Operations Act 1997 and any regulations under that Act,(2) Subclause (1) applies only in relation to the licensee’s activities under the licence.
Part 2 Additional conditions for licences for water supply
8 Retail supply management plans
(1) Before commencing to carry out activities under a retail supplier’s licence for the supply of water, the licensee must prepare, and forward to IPART, a retail supply management plan that indicates the arrangements that the licensee has made, or proposes to make, in relation to:(a) the events and circumstances that could adversely affect the licensee’s ability to supply water, and(b) the probability of the occurrence of any such event or circumstance, and(c) the measures to be taken by the licensee:(i) to prevent the occurrence, or minimise the effect, of any such event or circumstance, and(ii) to arrange for alternative supplies of water in response to any such event or circumstance, and(d) the arrangements that the licensee has made, or proposes to make, to ensure that it complies with:(i) its code of practice for customer complaints and its code of practice for debt recovery, and(ii) the marketing code of conduct and the transfer code of conduct.(2) The licensee:(a) must ensure that its retail supply management plan is fully implemented and kept under regular review and, in particular, that all of its activities are carried out in accordance with that plan, and(b) must, if the Minister so directs, amend its retail supply management plan in accordance with the Minister’s direction.(3) If the Minister or IPART so demands, or if any significant change is made to its retail supply management plan, the licensee:(a) must provide the Minister or IPART with a report, prepared by an approved auditor in such manner and form as the Minister or IPART may direct, as to the adequacy of the plan, or(b) must pay the Minister’s or IPART’s costs of conducting an investigation into the adequacy of the plan.
9 Non-potable water to match customer’s needs
(1) The licensee under a retail supplier’s licence for the supply of non-potable water:(a) must inform any customer to which such water is supplied as to the authorised purposes in relation to that water, and(b) must not supply such water to any customer for use for any other purpose.(2) Subclause (1) (b) does not prevent the supply of non-potable water to a customer for use for an unauthorised purpose if the water is to be processed by the customer so as to become water for which that purpose is an authorised purpose.
10 Obligation not to over-commit
(1) The licensee must not enter into water supply arrangements under which it assumes obligations that it is unable to meet, or advertise that it is willing to enter into such arrangements, having regard to:(a) the capacity of the relevant water source to supply water or the volume of water available to the licensee from that water source, and(b) the quality of the water derived from that water source, and(c) the water infrastructure from which the water is to be supplied, and(d) the conditions on which the licensee has access to the infrastructure services provided by that infrastructure, whether pursuant to an access agreement or access determination or otherwise.(2) The licensee must not enter into a water supply arrangement with a customer unless the premises to which the water is to be supplied are connected to, or readily connectible to, a water main to which the licensee has access, whether pursuant to an access agreement or access determination or otherwise.
11 Notice of intended termination of water supply
(1) The licensee must not terminate the supply of water to any of its customers within the whole or any part of its area of operations unless it has caused at least 14 days’ written notice of its intention to do so to be given to the Minister and to IPART.(2) This clause does not apply in relation to any customer (other than a small retail customer) with whom the licensee has entered into a water supply arrangement that sets out procedures to be followed in connection with the interruption or termination of water supply.
12 Notice of water restrictions
The licensee must ensure that its customers are kept informed of any water restriction that applies to them in any bill or other correspondence that it sends to them while the restriction is in force.
13 Matters to be contained on licensee’s website
(1) The licensee must have an internet website on which the following matters are available for inspection by members of the public:(a) the licensee’s standard water supply contract for small retail customers,(b) the licensee’s retail supply management plan,(c) the licensee’s code of practice for customer complaints,(d) the licensee’s code of practice for debt recovery,(e) details of any relevant government policy that applies to the licensee,(f) the most recent auditor’s report under clause 8 that applies to the licensee,(g) the existence of any water restriction order that is in force in its area of operations.(2) In this clause, relevant government policy means government policy with respect to social programs for the supply of water, as referred to in section 13 (3) (a) of the Act.
14 Water to be supplied under contract to small retail customers
(1) The licensee must not supply water to a small retail customer otherwise than under a water supply contract.(2) Such a contract must address each of the matters referred to in the Table to this clause.(3) Such a contract must also provide that the licensee must not:(a) disconnect the customer’s premises from the licensee’s water main, oras a consequence of the customer’s non-payment of a debt.(b) reduce the flow of drinking water from that main below that necessary for basic sustenance and hygiene,(4) A licensee that proposes to supply water to a small retail customer on terms that are different to those set out in the licensee’s standard water supply contract referred to in clause 13 (1) (a) must notify the customer of the various differences before the customer enters into the contract.(5) Before entering into a contract to supply water to a small retail customer, the licensee must provide the customer with a disclosure notice that specifies:(a) the customer’s name, and the address of the premises to be supplied, and(b) the date on which supply is to commence, and(c) the fees and charges that will be payable in respect of the supply, and(d) the circumstances in which the customer’s premises may be disconnected from the water main, and(e) the licensee’s procedures for handling customer complaints, and(f) the existence of any government-funded rebates for which the customer may be eligible, and(g) where the customer can obtain a copy of the contract.Table
Part 3 Additional conditions for licences for sewerage services supply
15 Retail supply management plans
(1) Before commencing to carry out activities under a retail supplier’s licence for the provision of sewerage services, the licensee must prepare, and forward to IPART, a retail supply management plan that indicates the arrangements that the licensee has made, or proposes to make, in relation to:(a) the events and circumstances that could adversely affect the licensee’s ability to provide sewerage services, and(b) the probability of the occurrence of any such event or circumstance, and(c) the measures to be taken by the licensee:(i) to prevent the occurrence, or minimise the effect, of any such event or circumstance, and(ii) to arrange for the provision of alternative sewerage services in response to any such event or circumstance, and(d) the arrangements that the licensee has made, or proposes to make, in relation to complaint and debt recovery procedures.(2) The licensee:(a) must ensure that its retail supply management plan is fully implemented and kept under regular review and, in particular, that all of its activities are carried out in accordance with that plan, and(b) must, if the Minister so directs, amend its retail supply management plan in accordance with the Minister’s direction.(3) If the Minister or IPART so demands, or if any significant change is made to its retail supply management plan, the licensee:(a) must provide the Minister or IPART with a report, prepared by an approved auditor in such manner and form as the Minister or IPART may direct, as to the adequacy of the plan, or(b) must pay the Minister’s or IPART’s costs of conducting an investigation into the adequacy of the plan.
16 Obligation not to over-commit
(1) The licensee must not enter into sewerage service arrangements under which it assumes obligations that it is unable to meet, or advertise that it is willing to enter into such arrangements, having regard to:(a) the sewerage infrastructure from which those services are to be provided, and(b) any limitations on the capacity of that infrastructure to dispose of waste, and(c) the conditions on which the licensee has access to the infrastructure services provided by that infrastructure, whether pursuant to an access agreement or access determination or otherwise.(2) The licensee must not enter into a sewerage service arrangement with a customer unless the premises to which the service is to be provided are connected to, or readily connectible to, a sewer main to which the licensee has access, whether pursuant to an access agreement or access determination or otherwise.
17 Notice of intended termination of sewerage services
The licensee must not terminate the provision of sewerage services to any of its customers within the whole or any part of its area of operations unless it has caused at least 14 days’ written notice of its intention to do so to be given to the Minister and to IPART.
18 Matters to be contained on licensee’s website
(1) The licensee must have an internet website on which the following matters are available for inspection by members of the public:(a) the licensee’s sewerage service contract for small retail customers,(b) the licensee’s retail supply management plan,(c) the licensee’s code of conduct for customer complaints,(d) the licensee’s code of conduct for debt recovery,(e) details of any relevant government policy that applies to the licensee,(f) the most recent auditor’s report under clause 15 that applies to the licensee.(2) In this clause, relevant government policy means government policy with respect to social programs for the provision of sewerage services, as referred to in section 13 (3) (a) of the Act.
19 Sewerage services to be provided under contract
(1) The licensee must not provide a sewerage service to a small retail customer otherwise than under a sewerage service contract.(2) Such a contract must address each of the matters referred to in the Table to this clause.(3) Such a contract must also provide that the licensee must not:(a) disconnect the customer’s premises from the licensee’s sewer main, oras a consequence of the customer’s non-payment of a debt.(b) reduce the flow of sewage into that main below that necessary for basic hygiene,(4) Before entering into a contract to supply a sewerage service to a small retail customer, the licensee must provide the customer with a disclosure notice that specifies:(a) the customer’s name, and the address of the premises to be supplied, and(b) the date on which supply is to commence, and(c) the fees and charges that will be payable in respect of the supply, and(d) the circumstances in which the customer’s premises may be disconnected from the sewer main, and(e) the licensee’s procedures for handling customer complaints, and(f) the existence of any government-funded rebates for which the customer may be eligible, and(g) where the customer can obtain a copy of the contract.Table