Water Industry Competition Act 2006 No 104
46 Sewer mining determinations
(1) If a dispute exists between a service provider and a sewer
(a) as to the terms of any agreement under which the sewer miner is to
be permitted to draw from the contents of the service provider’s
sewerage infrastructure, or
(b) as to any matter arising under an agreement referred to in
paragraph (a) that provides for a dispute as to that matter to be dealt with
in accordance with this section, or
(c) as to any matter arising under a determination under this
either party to the dispute may apply to IPART for the dispute to be
determined by arbitration.
(2) The dispute may be dealt with by IPART or by such other person as
IPART may nominate to arbitrate the dispute.
(3) At any time after commencement of proceedings on an application
under this section, the arbitrator may require the service provider to cause
notice of the proceedings to be given to other persons permitted to draw from
the contents of the service provider’s sewerage
(4) Subject to this section and the regulations, the Commercial Arbitration Act 1984
applies to an arbitration under this section, and to any determination arising
from an arbitration under this section, as if a reference in that Act to an
award were a reference to a determination under this
(5) In considering the terms of a proposed determination, the
(a) must give effect to the service provider’s policy with
respect to the granting of permission to draw from the contents of its
sewerage infrastructure, and
(b) subject to paragraph (a), must have regard to such matters as are
prescribed by the regulations.
(6) Before making a determination, the arbitrator:
(a) must cause copies of the proposed determination to be given to
each of the parties to the dispute, and
(b) must give each of the parties an opportunity to make submissions
to the arbitrator in relation to the proposed
(7) The arbitrator must use his or her best endeavours to determine
the dispute within 6 months after the application for the dispute to be
determined is made to IPART.
(8) On making a determination under this section, the arbitrator must
cause a notice of the determination (which notice must include a summary of
the determination) to be given to IPART.
(9) On receiving such a notice, IPART must cause the information
contained in the notice to be made available to the public on IPART’s