Schedule 2 Amendment of other legislation
2.1 Local Government (General) Regulation 2005
Clause 48 Activities for which approval is not required
Insert after clause 48 (f):(g) Activities authorised by licence under Water Industry Competition Act 2006
An activity referred to in Part B or C of the Table to section 68 of the Act if it is carried out under the authority of a licence in force under the Water Industry Competition Act 2006.
2.2 Water Industry Competition (General) Regulation 2008
Omit “8 or 15” from the definition of retail supply management plan in clause 3 (1).Insert instead “7A”.
[2] Clause 13 Prescribed licence conditions: section 13 (1) (a)
Omit “5, 13 and 18” from clause 13 (2). Insert instead “5 and 7B”.
[3] Clause 17 Person to be notified as to licence applications
Insert “For the purposes of section 9 (1) (b) (iii) of the Act,” before “IPART”.
Insert at the end of clause 17:(2) If the applicant for a licence proposes to connect to or use any of the water industry infrastructure of a public water utility as part of the activities in relation to which the licence is sought, IPART must promptly notify that public water utility of the licence application.
[5] Clause 19A Water industry infrastructure that was formerly exempt from requirement for a licence
Omit “for a period of 18 months after that commencement” from clause 19A (1).Insert instead “until the end of 17 June 2013”.
Insert after clause 19A (1):(1A) Subclause (1) extends to water industry infrastructure regardless of whether it was constructed or installed before or after the commencement of the Water Industry Competition (General) Amendment (Licensing Exemptions) Regulation 2010.
Insert at the end of clause 19A (2) (b):, and
(c) clause 7A (1) of Schedule 2 is to be construed as if the words “Before commencing to carry out activities under a retail supplier’s licence” were replaced with the words “Within 6 months after being granted a retail supplier’s licence”.
[8] Clause 27 Establishment of transfer code of conduct
Insert “or public water utilities (or both)” after “licensed retail suppliers” in clause 27 (1).
Insert after clause 28:28A Prescribed water policy document: section 7 (3)
The Metropolitan Water Plan published by the New South Wales Government, as in force from time to time, is prescribed for the purposes of the definition of prescribed water policy document in section 7 (3) of the Act.Note. A copy of the latest Metropolitan Water Plan is available at the Water 4 Life website (www.waterforlife.nsw.gov.au).
[10] Schedule 1 Conditions for network operators’ licences
Omit clause 12 (b) and (c).
[11] Schedule 2 Conditions for retail suppliers’ licences
Insert after clause 7:7A Retail supply management plans
(1) Before commencing to carry out activities under a retail supplier’s licence, the licensee must prepare, and forward to IPART, a retail supply management plan that indicates the arrangements that the licensee has made, or proposes to make, in relation to:(a) the events and circumstances that could adversely affect the licensee’s ability to supply water or provide sewerage services (or both), as authorised by the licence, and(b) the probability of the occurrence of any such event or circumstance, and(c) the measures to be taken by the licensee:(i) to prevent the occurrence, or minimise the effect, of any such event or circumstance, and(ii) to arrange for alternative supplies of water or the provision of sewerage services (or both), as authorised by the licence, in response to any such event or circumstance, and(d) the arrangements that the licensee has made, or proposes to make, to ensure that it complies with:(i) its code of practice for complaints by small retail customers and its code of practice for debt recovery from such customers, and(ii) the marketing code of conduct and the transfer code of conduct.(2) The licensee:(a) must ensure that its retail supply management plan is fully implemented and kept under regular review and, in particular, that all of its activities are carried out in accordance with that plan, and(b) must, if the Minister so directs, amend its retail supply management plan in accordance with the Minister’s direction.(3) If the Minister or IPART so demands, or if any significant change is made to its retail supply management plan, the licensee:(a) must provide the Minister or IPART with a report, prepared by an approved auditor in such manner and form as the Minister or IPART may direct, as to the adequacy of the plan, or(b) must pay the Minister’s or IPART’s costs of conducting an investigation into the adequacy of the plan.7B Matters to be contained on licensee’s website
(1) The licensee must have an internet website on which the following matters are available for inspection by members of the public:(a) if the licensee is authorised to supply water under the retail supplier’s licence:(i) the licensee’s standard water supply contract for small retail customers, and(ii) the existence of any water restriction order that is in force in its area of operations,(b) if the licensee is authorised to provide sewerage services under the retail supplier’s licence—the licensee’s sewerage service contract for small retail customers,(c) the licensee’s retail supply management plan,(d) the licensee’s code of practice for complaints by small retail customers,(e) the licensee’s code of practice for debt recovery from small retail customers,(f) details of any relevant government policy that applies to the licensee,(g) the most recent auditor’s report under clause 7A that applies to the licensee.(2) In this clause, relevant government policy means government policy with respect to social programs for the supply of water or provision of sewerage services, as referred to in section 13 (3) (a) of the Act.
[12] Schedule 2, clauses 8, 13, 15 and 18
Omit the clauses.
[13] Schedule 2, clause 14 (4)
Omit “13 (1) (a)”. Insert instead “7B (1) (a) (i)”.