Water Industry Act 2012

A person (the proponent) who wants access to regulated infrastructure, or who wants to vary an access contract in a significant way or to a significant extent, may make a written proposal (the

the nature and extent of the required access or variation;

terms and conditions for the provision of access, or for making the variation, that the proponent considers reasonable and commercially realistic and to which the proponent is prepared to agree.

If the implementation of an access proposal would require an alteration of or addition to water infrastructure or sewerage infrastructure, the access proposal may include a proposal for that alteration or addition.

If the regulated operator requires, a proponent must provide further information about the proponent's proposal that the regulated operator reasonably requires in order to assess and respond to the proposal.

The regulated operator must, within 1 month after the relevant day—

give written notice of the proposal to—

the regulator; and

any person (an affected third party) whose rights would be affected by the implementation of the proposal;

notify the proponent of the name and address of any affected third party and give the proponent a preliminary indication about—

whether the regulated operator is prepared to provide access to the regulated infrastructure and infrastructure services and, if so, on what terms and conditions; and

if some alteration of, or addition to, existing infrastructure would be necessary to provide the access, whether the regulated operator would agree to the alteration or addition and, if so, on what terms.

The relevant day is the day on which the written proposal is made to the regulated operator or, if the regulated operator requires further information under subsection (3), the day on which that information is provided.

Notice of an access proposal may be given to affected third parties by publishing a notice in a newspaper circulating generally in the State stating—

the name of the proponent and an address at which the proponent may be contacted; and

the name of the operator and an address at which the regulated operator may be contacted; and

the general nature of the access proposal.

A regulated operator may recover the reasonable costs of giving notice under this section, as a debt, from the proponent.