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WATER INDUSTRY COMPETITION ACT 2006


- As at 13 October 2021 
- Act 104 of 2006 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Act binds Crown

   PART 2 - LICENSING OF NETWORK OPERATORS AND RETAIL SUPPLIERS

           Division 1 - Preliminary

   5.      Prohibition of unlicensed network operation and water supply
   6.      Licences
   7.      Licensing principles

           Division 2 - Procedure for obtaining licences

   8.      Applications for licences
   9.      Consideration of applications by IPART
   10.     Determination of applications
   11.     Licence to specify authorised activities and area of operations
   12.     Duration of licences
   13.     Conditions of licences

           Division 3 - Administration of licences

   14.     Annual licence fees
   15.     Variation of licence conditions
   16.     Enforcement of licences
   17.     Licensees to be notified of proposed action
   18.     Emergency directions
   19.     Cancellation of licences in public interest
   20.     Register of licences

   PART 3 - ACCESS TO INFRASTRUCTURE SERVICES

           Division 1 - Preliminary

   21.     Object of Part
   22.     Part applies only to scheduled areas
   23.     Declaration criteria

           Division 2 - Coverage declarations

   24.     Applications for coverage declaration
   25.     Consideration of coverage applications by IPART
   26.     Determination of coverage applications by Minister
   27.     Period for which coverage declarations to have effect

           Division 3 - Revocation of coverage declarations

   28.     Applications for revocation of coverage declaration
   29.     Consideration of revocation applications by IPART
   30.     Determination of revocation applications by Minister

           Division 4 - Binding non-coverage declarations

   31.     Application of Division
   32.     Applications for binding non-coverage declaration
   33.     Consideration of binding non-coverage applications by IPART
   34.     Determination of binding non-coverage applications by Minister
   35.     Period for which binding non-coverage declarations to have effect
   36.     Binding non-coverage declarations have effect only for complying infrastructure
   37.     Revocation of binding non-coverage declaration

           Division 5 - Access undertakings

   38.     Access undertakings

           Division 6 - Access agreements and access determinations

   39.     Access agreements
   40.     Access determinations

           Division 7 - Administration of access regime

   41.     Pricing principles
   42.     Service providers to have approved cost allocation manuals
   43.     Hindering access to certain services
   44.     Register of infrastructure services

   PART 4 - SEWER MINING

   45.     Application of Part
   46.     Sewer mining determinations

   PART 5 - OPERATION OF WATER RETAIL MARKET

           Division 1 - Resolution of disputes

   46A.    Definition
   47.     Internal review of certain decisions disputed by small retail customers
   48.     Review of decisions under approved ombudsman scheme
   49.     Approved ombudsman scheme
   50.     Licence conditions relating to approved ombudsman scheme

           Division 2 - Monopoly suppliers

   51.     Declaration of monopoly suppliers
   52.     Pricing determinations for monopoly services
   53.     Obligations of monopoly suppliers

           Division 3 - Retailers of last resort

   54.     Declaration of retailers of last resort
   55.     Preparation of contingency plans
   56.     Minister may declare supply failure
   57.     Effect of declaration of supply failure

   PART 6 - WORK RELATING TO WATER INDUSTRY INFRASTRUCTURE

           Division 1 - Powers and duties relating to water industry infrastructure generally

   58.     Erection and placement of water industry infrastructure
   59.     Damage to public roads and public reserves to be made good
   60.     Interference with water industry infrastructure by trees
   61.     Obstruction of water mains and sewer mains
   62.     Altering position of conduits
   63.     Charges for placement of water industry infrastructure
   64.     Ownership of water industry infrastructure
   65.     Meter readers

           Division 2 - Powers of entry of authorised licensed network operators

   65A.    Interpretation
   65B.    Entry of land
   65C.    Notice of entry
   65D.    Use of force
   65E.    Compensation
   65F.    Certificates of authority to enter land
   65G.    Entry to residential premises
   65H.    Warrants of entry
   65I.    Other powers of entry unaffected

   PART 7 - OFFENCES

           Division 1 - Offences

   66.     Exposure of underground pipes
   67.     Interference with water industry infrastructure
   68.     Interference with meters
   69.     Unauthorised connections
   70.     Unauthorised increase in capacity of connections
   71.     Offence to discharge into drains and sewers
   72.     Unauthorised use of water
   73.     Unlicensed plumbing and drainage work

           Division 2 - Powers of inspectors

   74.     Inspectors
   75.     Notice of entry
   76.     Use of force
   77.     Notification of use of force or urgent entry
   78.     Care to be taken
   79.     Compensation
   80.     Warrants of entry
   81.     Obstruction of inspectors

           Division 3 - General

   82.     Penalty notices
   83.     Court may order disconnection and discontinuance of water supply
   84.     Court may order payment for stolen water

   PART 8 - FUNCTIONS OF IPART

           Division 1 - Licence auditing functions

   85.     Licence auditing functions
   86.     Recovery of IPART's costs
   87.     Power to direct licensees to keep records and furnish information
   88.     Failure to keep records or furnish information
   89.     Annual reports

           Division 2 - Regulatory functions

   90.     Regulatory functions

           Division 3 - Miscellaneous

   91.     Investigations by IPART
   92.     IPART guidelines
   93.     Exclusion of Part 3, Division 3, of Independent Pricing and Regulatory Tribunal Act 1992

   PART 9 - MISCELLANEOUS

   94.     Delegation of functions
   95.     Service of documents
   96.     Exclusion of personal liability
   97.     Liability of directors etc for offences by corporation--offences attracting executive liability
   97A.    Liability of directors etc for offences by corporation--accessory to the commission of the offences
   97B.    Evidence as to state of mind of corporation
   98.     Proceedings for offences
   99.     Recovery of monetary penalties
   100.    Evidentiary certificates
   101.    Regulations
   102.    (Repealed)
   103.    Savings, transitional and other provisions
   104.    Review of Act
           SCHEDULE 1
           SCHEDULE 2
           Schedule 3 (Repealed)
           SCHEDULE 4
           Dictionary


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