Water Industry Competition Act 2006

This clause applies to an existing unlicensed scheme, being water industry infrastructure to which—

former Part 2, as in force immediately before the commencement of substituted Part 2, did not apply, and

substituted Part 2 would, but for this clause, apply.

Substituted Part 2, Division 2—

does not apply to an existing unlicensed schemes—for the period of 12 months beginning on the date of the commencement of substituted Part 2, and

if an application for a licence or approval in relation to an existing unlicensed scheme was lodged by a person before the end of the 12-month period—does not apply to the existing unlicensed scheme for a further period of 12 months.

A fee is not payable for an application for a licence or approval by a person in relation to an existing unlicensed scheme.

To avoid doubt, IPART may, under this Act, section 54, determine whether an existing unlicensed scheme is essential infrastructure.

The regulations may, for an existing unlicensed scheme, make provision for the modification of specified provisions of Part 2 that apply to an application for a licence or approval for the scheme, including the determination of the application.

The Minister or IPART may, by written notice, at any time before making a decision about the application, require the applicant to provide, or require the applicant to authorise another person to provide, the Minister or IPART, as applicable, with further information in relation to the application as is specified in the notice and, until the information is provided, may defer consideration of the application.

IPART may exempt an existing unlicensed scheme from the operation of specified provisions of Part 2, and the regulations under Part 2, if a licence and approval for the scheme is granted.