Application for declaration of Sydney sewerage network services (Outcome & subsequent events)

Services Sydney sought review of the Premier’s decision by the Australian Competition Tribunal. On 21 December 2005, the Tribunal handed down its decision to set aside the deemed decision of the Premier and to declare the services.

The services declared in Re Services Sydney Pty Ltd [2005] ACompT7 are the subject of a coverage declaration under the NSW water industry infrastructure access regime established by Part 3 of the Water Industry Competition Act 2006 (NSW) ("NSW Water Industry Access Regime"). 

On 13 August 2009 the decision-making Commonwealth Minister, the Hon Dr Craig Emerson MP, acting on the recommendation of the Council, determined that the NSW Water Industry Access Regime should be certified as effective for a period of 10 years.  The effect of certification is that the criterion for declaration in subsection 44H(4)(e) of the TPA is no longer met.  This criterion is that access to the services is not the subject of an effective access regime.  As the services declared in Re Services Sydney Pty Ltd are now the subject of an effective access regime, the Council considered it appropriate that the declaration be revoked.

Accordingly, and as foreshadowed in its recommendation to the Commonwealth Minister regarding the certification of the NSW Water Industry Access Regime, the Council made a recommendation to the NSW Premier that the declaration in Re Services Sydney Pty Ltd be revoked. The Premier acting on the Council's recommendation revoked the declaration on 1 October 2009.