Essential Services Act 1988

For the purposes of this Act, a service is an essential service if it consists of any of the following—

the production, supply or distribution of any form of energy, power or fuel or of energy, power or fuel resources,

the public transportation of persons or the transportation of freight (including the provision of rail infrastructure for those purposes),

the provision of fire-fighting services,

the provision of public health services (including hospital or medical services),

the provision of ambulance services,

the production, supply or distribution of pharmaceutical products,

the provision of garbage, sanitary cleaning or sewerage services,

the supply or distribution of water,

the conduct of a welfare institution,

the conduct of a prison,

a service declared to be an essential service under subsection (2),

a service comprising the supply of goods or services necessary for providing any service referred to in paragraphs (a)–(k).

The Governor may, by order published on the NSW legislation website, declare any service to be an essential service for the purposes of this Act.

To avoid doubt, the regulation of bulk water supply by the Water Administration Ministerial Corporation in the exercise of its rights to the control, use and flow of water is capable of being declared to be an essential service for the purposes of this Act.

Such an order may not be made unless the Minister has certified to the Governor that the service is essential in the public interest.

Any such order takes effect on the day on which it is published on the NSW legislation website.