Water Industry Act 1994

The Governor in Council may by Order—

make a Water Industry Regulatory Order;

amend, vary or revoke the Water Industry Regulatory Order.

The Water Industry Regulatory Order may—

specify which goods or services made, produced or supplied by or within the regulated water industry are to be prescribed goods and services in respect of which the Commission has the power to regulate prices;

specify a price, price-range, factor or term and condition which is to be a prescribed price in respect of which the Commission has power to regulate;

require the Commission to adopt a specified approach, principle or methodology in regulating prices;

fix regulatory asset values;

declare which goods or services made, produced or supplied by or within the regulated water industry are to be declared goods and services in respect of which the Commission has the power to regulate standards and conditions of service and supply;

declare which goods or services made, produced or supplied by or within the regulated water industry are to be declared goods and services in respect of which the Commission has the power to regulate market conduct;

confer on the Commission such functions as the Governor in Council considers necessary;

specify matters relating to quality and performance standards of a health, environmental or technical nature in respect of which the Commission may not exercise any function or power;

specify any matters to which the Commission must have regard in exercising its powers and functions.

Without limiting the generality of subsection (2)(c), the Water Industry Regulatory Order may—

include restrictions on price increases;

make provision for the phasing in of price increases over time;

specify matters which must be considered in making a price determination;

specify matters in relation to the sharing of efficiency gains;

specify the nature and manner of passing through identified costs to customers.

Without limiting the generality of subsection (2)(g), the Water Industry Regulatory Order may confer on the Commission functions relating to—

auditing performance and compliance with Water Industry Standards and Statements of Obligations;

monitoring and performance reporting;

the resolution of disputes between regulated entities in relation to standards and conditions of service and supply;

the resolution, with the agreement of the customer or person, of disputes with respect to prices for services;

reviewing whether particular goods or services should be regulated and making a recommendation to the Minister, if so requested by the Minister after consultation with the Minister administering the Essential Services Commission Act 2001.

This section does not empower the making of a Water Industry Regulatory Order containing a provision purporting to have the effect of changing or substituting a determination made by the Commission.

An Order made under this section—

must be published in the Government Gazette; and

has effect from the date specified in the Order.