Water Industry Competition Act 2006

IPART may, on application by an essential service provider or last resort provider or on its own initiative, revoke the determination of water industry infrastructure as essential infrastructure if satisfied the determination would not now be made.

On receiving an application for revocation of a determination, IPART must invite submissions on the application from each provider or last resort provider of the essential service, other than the applicant.

An invitation to make submissions on an application must allow at least 28 days for submissions to be made and must be accompanied by a copy of the application or set out how a copy of the application may be obtained.

If IPART proposes to refuse an application or to revoke the determination on its own initiative, IPART must—

give written notice of the proposed refusal to each provider or last resort provider of the essential service specifying the reasons for it, and

allow them at least 14 days to make submissions to IPART about the proposed refusal.

On making a decision on an application or revoking a determination on its own initiative, IPART must ensure notice of the decision is given to the Minister and each provider or last resort provider of the essential service and publish the decision on IPART’s website.

If IPART revokes the determination, the designation of a last resort provider for the former essential infrastructure is of no further effect.