Water Industry Competition Act 2006

If, immediately before the commencement of substituted Part 2, a licence was in force under former Part 2, IPART must grant approvals and licences in accordance with this clause, as appropriate, for the construction and operation of the infrastructure and the sale of water or sewerage services as authorised by the licence.

An approval or licence granted by IPART in accordance with this clause is taken to be an approval or licence granted under substituted Part 2.

The provisions of substituted Part 2 apply to the grant of an approval or licence subject to this clause and the regulations.

Approvals and licences are to be granted in accordance with this clause without application or the payment of an application fee.

IPART may establish a process for the determination of matters relating to the grant of approvals and licences in accordance with this clause and, as reasonably necessary for that purpose, may require information to be provided, and verified in a specified way, by—

a person proposed to be granted a licence or a proposed registered operator, or

a licensed retail supplier of services provided by means of the infrastructure or a person specified in the licence of the retail supplier.

This Act, sections 7F, 7G, 7H(1) and 7I(1) apply, and sections 7C–7E do not apply, to the grant of approvals in accordance with this clause.

This Act, sections 8E, 8F, 8G, 8H(2) and 8I(2) apply, and section 8C does not apply, to the grant of licences in accordance with this clause.

To avoid doubt, IPART may, under this Act, section 54, determine whether the water industry infrastructure that is to be the subject of an approval or licence granted in accordance with this clause is essential infrastructure.

Before an approval or licence is granted for water industry infrastructure in accordance with this clause, IPART must—

consult with the existing licensee, and

allow the existing licensee at least 21 days to make a submission to IPART.

Subject to the regulations, IPART must cause details of approvals and licences granted in accordance with this clause to be included in the register kept by IPART under this Act, Part 8, Division 1A.

An operational approval must not be granted unless IPART is satisfied, if the water industry infrastructure concerned is or is likely to be essential infrastructure, that a last resort provider has been designated for each essential service provider unless the essential service provider is a council.

An approval or licence may be granted in accordance with this clause despite an irregularity regarding the licence in force under former Part 2.

An approval granted in accordance with this clause may specify an area of operations that differs in a non-substantial respect from an area, however described, to which the relevant licence in force under former Part 2 applied.

An approval granted in accordance with this clause may, with the written consent of a licensee in force under former Part 2, specify an area of operations that differs in a substantial respect from an area, however described, to which the relevant licence applied, but only if IPART considers it necessary having had regard to the following—

whether services can be made available to all premises within the proposed area of operations within a reasonable period of time,

whether the proposed area of operations excludes premises within the outermost boundary of, or in the vicinity of, the area of operations, including, for example, by excluded enclaves or unusual boundaries, unless the exclusion is reasonable having regard to the characteristics of the proposed scheme, the characteristics of the premises or the services already available to the premises.

A licence granted in accordance with this clause—

must specify the matters referred to in section 8E(a), (b) and (d) in a way that authorises the licensee to carry out the activities that were authorised to be carried out by the substituted licence, and

must specify the matter referred to in section 8E(c) in a way that authorises the licensee to construct or operate the schemes that were authorised to be constructed or operated by the substituted licence, and

if the licensee, being a corporation, requests, may specify in the matter referred to in section 8E(c) a greater maximum number of schemes that the licensee is authorised to operate, but only if IPART is satisfied that the licensee is a suitable corporation, within the meaning of section 8D, for the greater maximum number of schemes.