Application for certification of the NSW water infrastructure access regime (Application)

On 31 July 2019, the Council received an application under section 44NA 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 below.

The Council invites interested parties to make written submissions on the application. Submissions on the application must be received by 5pm on Friday 13 September 2019.

Parties making a submission should refer to the Council's Guide to making a submission on certification applications and Guide to Certification which are available below. Submissions should be emailed in soft copy (both MS Word and PDF formats) to the Council at

After considering submissions on the application, the Council will release a draft recommendation and provide a further opportunity for public comment before making its final recommendation to the Commonwealth Treasurer.


Application for certification (includes relevant legislation), July 2019 (PDF, 2.11MB)

Guide to making a submission on certification applications (PDF, 444KB)

Guide to certification (PDF, 892KB)