Application for certification of the NSW water infrastructure access regime (Final recommendation and decision)

On 1 February 2020, the Minister, the Hon. Josh Frydenberg MP, received a recommendation for certification of the NSW third-party access regime for water infrastructure services from the Council under section 44NA of the CCA. The Council recommended that that the New South Wales water infrastructure access regime be certified as effective for a period of ten years (from 13 August 2019 to 12 August 2029).

The Treasurer has 60 days after receipt of that letter to publish a decision on whether to extend the certification.  Under section 44NB(3A) of the CCA, if the Minister has not published a decision within the period starting at the start of the day the recommendation is received and ending 60 days after that day, the designated Minister is taken, immediately after the end of that 60-day period, to have made and published his decision in accordance with the recommendation by the Council.

The 60-day period in relation to the recommendation made by the Council to certify the regime ended on 31 March 2020. The Minister has not published a decision on the Council’s recommendation by the end of this date. Accordingly, it is taken that a decision to certify the regime has been made. The Minister made a statement confirming his decision.

The Council’s recommendation is available below.


Final recommendation, 31 January 2020 (PDF, 441KB)