25 Establishment of water industry code of conduct
(1) The Minister may, by order published in the Gazette, establish a code of conduct in relation to the respective responsibilities of licensed network operators, licensed retail suppliers and public water utilities.(2) The water industry code of conduct may make provision with respect to such matters concerning the responsibilities referred to in subclause (1) as the Minister considers appropriate.(3) Without limiting subclause (2), the water industry code of conduct may make provision with respect to the following matters:(a) responsibility for water quality,(b) liability in the event of the unavailability of water,(c) liability in the event of infrastructure failure,(d) fees and charges payable in respect of the use of infrastructure,(e) responsibility for handling customer complaints.(4) A licensed network operator, licensed retail supplier or public water utility must not contravene the water industry code of conduct.Maximum penalty: 200 penalty units (in the case of a corporation) or 50 penalty units (in any other case).
26 Establishment of marketing code of conduct
(1) The Minister may, by order published in the Gazette, establish a code of conduct for the marketing of water supplies and sewerage services.(2) The marketing code of conduct may make provision with respect to such matters concerning the marketing of water supplies and sewerage services as the Minister considers appropriate.(3) Without limiting subclause (2), the marketing code of conduct may make provision with respect to the following matters:(a) standards of conduct to be observed by marketers, whether marketing in person or by phone, by letter, by fax or by email,(b) the information to be provided by marketers to persons to whom they are marketing,(c) the cooling-off periods to be available to new customers.(4) A marketer must not contravene the marketing code of conduct.Maximum penalty: 200 penalty units (in the case of a corporation) or 50 penalty units (in any other case).
27 Establishment of transfer code of conduct
(1) The Minister may, by order published in the Gazette, establish a code of conduct for the transfer of water supplies or sewerage services to, from or between licensed retail suppliers or public water utilities (or both).(2) The transfer code of conduct may make provision with respect to such matters concerning the transfer of water supplies or sewerage services as the Minister considers appropriate.(3) Without limiting subclause (2), the transfer code of conduct may make provision with respect to the following matters:(a) the information that a licensed retail supplier must provide to the relevant retailer of last resort in the event that a supply failure is declared in relation to the retail supplier,(b) the procedures to be observed by transferors, transferees and relevant service providers when water supplies or sewerage services are transferred,(c) the period of time within which transferors, transferees and relevant service providers must comply with their obligations under the code.(4) A transferor, transferee or relevant service provider must not contravene the transfer code of conduct.Maximum penalty: 200 penalty units (in the case of a corporation) or 50 penalty units (in any other case).
(1) This clause applies to any part of a licensee’s area of operations in respect of which an order under:(a) the Local Government Act 1993, or(b) the Water Management Act 2000, or(c) the Hunter Water Act 1991, or(d) the Sydney Water Act 1994,restricts the use or consumption of water supplied by a public water utility (a local water restrictions order).(2) The Minister may, by notice published in the Gazette, declare that a local water restrictions order, as in force from time to time, applies to and in respect of the use or consumption of water supplied by the licensee in the same way as it applies to and in respect of the use or consumption of water supplied by the public water utility.(3) Such a declaration may not be made if the licensee derives its water from a different water source to that from which the public water utility derives its water unless the Minister is satisfied that the circumstances giving rise to the local water restrictions order apply to both water sources.(4) The Minister may, by order in writing, authorise a public water utility by which a local water restrictions order may be made to make a declaration under this clause on the Minister’s behalf.(5) A declaration made by a public water utility so authorised may be included in the same instrument as the local water restrictions order to which it relates.(6) A person who uses or consumes water in contravention of a local water restrictions order, as applied by this clause, is guilty of an offence.Maximum penalty: 50 penalty units (in the case of a corporation) and 5 penalty units (in any other case).
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).
29 Internal review: section 47 (2) (c)
(1) A failure to make a decision on an application for a review under section 47 of the Act within 20 business days after the application is made is taken to be a refusal to alter the decision to which the application relates.(2) In this clause, business day means any day that is not a Saturday, Sunday or public holiday.
30 Approved ombudsman scheme: section 49 (1) (b)
(1) The following classes of disputes and complaints are prescribed as disputes and complaints in relation to which an ombudsman scheme may be approved:(a) disputes and complaints in relation to the marketing of water supplies or sewerage services,(b) disputes and complaints arising in connection with water supply contracts and sewerage service contracts,(c) disputes and complaints in relation to the transfer of water supplies or sewerage services.(2) The ombudsman appointed under an approved ombudsman scheme:(a) must cause copies of all public reports issued by the ombudsman to be given to the Minister, and(b) must cause notice to be given to the Minister of changes in the policies and procedures to be adopted in connection with the scheme.(3) Without limiting subclause (2), the Minister may from time to time require the ombudsman appointed under an approved ombudsman scheme to provide the Minister with reports on the operation of the scheme, including:(a) particulars as to the extent to which the scheme is meeting the objectives referred to in section 49 (2) of the Act, and(b) particulars as to the extent to which the scheme has met relevant best practice benchmarks, and(c) particulars as to the extent to which licensees or specified licensees and other persons bound by the scheme have complied with their obligations under the scheme.
For the purposes of this Regulation, a reference to an approved auditor, in relation to any matter affecting a licensee, is a reference to:(a) a person nominated by IPART, or(b) a person chosen by the licensee from a panel of persons nominated by IPART, or(c) a person nominated by the licensee and approved by IPART.
Paper copies of the Australian Drinking Water Guidelines and the Australian Guidelines for Water Recycling are to be kept available for inspection by the public at the offices of IPART and electronic copies are to be made accessible to the public on or from IPART’s website.
33 Exemption from licensing requirements: transitional provision
(1) This clause applies to any water or sewerage infrastructure:(a) whose construction commenced before 8 August 2008, or(b) that was being operated immediately before 8 August 2008.(2) Water or sewerage infrastructure to which this clause applies is exempt from the operation of section 5 of the Act:(a) until 8 August 2010, or(b) if an application for a licence in relation to the infrastructure is lodged at the office of IPART before that date:(i) until the application is finally determined, or(ii) until the applicant is notified by IPART that the applicant has failed to comply with a direction to supply further information under clause 6 (4) or 10 (3),whichever first occurs.(3) In their application to infrastructure to which this clause applies:(a) clauses 6 (1) and 7 (1) of Schedule 1 are to be construed as if the words “Before commencing to operate water infrastructure commercially” were replaced by the words “Within 6 months after being granted a network operator’s licence for water infrastructure”, and(b) clauses 13 (1) and 14 (1) of Schedule 1 are to be construed as if the words “Before commencing to operate sewerage infrastructure commercially” were replaced by the words “Within 6 months after being granted a network operator’s licence for sewerage infrastructure”.