Application for certification of the NSW water infrastructure access regime

On 31 July 2019, the Council received an application under section 44M of the Competition and Consumer Act 2010 (CCA) from the Premier of NSW, the Hon Gladys Berejiklian MP, for certification of the NSW third-party access regime for water infrastructure services.

Certification is sought for the regime for access to water industry infrastructure set out in Part 3 of the Water Industry Competition Act 2006 (NSW) (WIC Access Regime). The WIC Access Regime was certified on 13 August 2009 by the then Minister for Competition Policy and Consumer Affairs as an effective access regime, for a period of ten years. The applicant requests that the Council recommend to the Minister that that the regime be certified for a further period of ten years.

A copy of the application and the relevant legislation are available under the Application tab.

The Council invited interested parties to make written submissions on the application by 13 September 2019. No submissions were received.

On 12 December 2019, the Council released its Draft Recommendation on the New South Wales Government’s application for certification of the New South Wales water infrastructure access regime. The Council's proposed recommendation to the Commonwealth Minister (the Treasurer) is that the regime be certified as effective for a period of ten years (from 13 August 2019 to 12 August 2029).

The Council now invites written submissions on the Draft Recommendation from interested parties. The closing date for submissions is 5pm on Friday, 10 January 2020.

The Council will consider any submissions received on the Draft Recommendation when making its decision on its Final Recommendation to the Commonwealth Minister.

As noted in the Council's Guide to Making a Submission (available under the Application tab to the left), submissions on the Draft Recommendation should focus on the Council’s preliminary conclusions and reasons, and seek to provide additional information and analysis to that already available to the Council.

Submissions with a completed cover sheet (available under the Draft Recommendation tab to the left) should be emailed to (in both Word and PDF formats). The Council prefers submissions to be provided by email, however hard copies may be mailed to:

NSW Water Access Regime Certification Inquiry 2019 Submissions
National Competition Council
GPO Box 250
Melbourne VIC 3001