Water Industry Competition Act 2006

IPART may, by written notice to the registered operator of a scheme, determine that the scheme is essential infrastructure under this Act if satisfied—

a failure in the provision of a water or sewerage service provided by, or proposed to be provided by, means of the scheme would have an adverse effect on customers of the service, and

either—

alternative arrangements for the provision of a replacement service would not be, and could not readily be made to be, reasonably available, or

it is reasonably necessary for customers of the service to be automatically transferred to the provider of a replacement service if there is a failure in the provision of the service.

Despite subsection (1), IPART may not determine that a scheme is essential infrastructure under this Act if a council—

is the registered operator of the scheme, or

owns all the water industry infrastructure comprising the scheme, other than reticulation pipelines.