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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales Independent Pricing and Regulatory Tribunal Amendment (Accredited State Water Regulator) Bill 2015 Explanatory note This explanatory note relates to this Bill as introduced into Parliament. Overview of Bill The object of this Bill is to amend the Independent Pricing and Regulatory Tribunal Act 1992 to enable the Independent Pricing and Regulatory Tribunal (the Tribunal) to apply under the Water Charge (Infrastructure) Rules 2010 of the Commonwealth (the Commonwealth Water Charge Rules) for the accreditation of arrangements under which the Tribunal approves or determines charges for the provision of certain water infrastructure services relating to water resources in that part of the Murray-Darling Basin that is located in New South Wales (Basin water resources). For that purpose, the Bill: (a) applies certain provisions of the Commonwealth Water Charge Rules as a law of New South Wales and gives those applied provisions effect during the period of accreditation, and (b) confers on the Tribunal the functions of a Regulator under those applied provisions, and (c) provides that the Tribunal is not subject to the control or direction of any Minister in the exercise of those functions, and (d) provides for the notification of the approval, revocation or cessation of the accreditation, and (e) provides for the interpretation of the applied provisions. Outline of provisions Clause 1 sets out the name (also called the short title) of the proposed Act. b2014-142-36.d08 Independent Pricing and Regulatory Tribunal Amendment (Accredited State Water Regulator) Bill 2015 [NSW] Explanatory note Clause 2 provides for the commencement of the proposed Act on the date of assent to the proposed Act. Schedule 1 Amendment of Independent Pricing and Regulatory Tribunal Act 1992 No 39 Schedule 1 [1] inserts Part 3B (proposed sections 24AE-24AL) into the Independent Pricing and Regulatory Tribunal Act 1992 which contains the following provisions: Part 3B Approval or determination of Murray-Darling Basin water charges Proposed section 24AE defines expressions used in the proposed Part. Proposed section 24AF applies the Acts Interpretation Act 1901 of the Commonwealth (the Commonwealth Interpretation Act) as a law of New South Wales in relation to the provisions of the Commonwealth Water Charge Rules applied by proposed section 24AG (the applied provisions). The application of that Act to the Commonwealth Water Charge Rules is limited by section 5 of the Water Act 2007 of the Commonwealth (the Commonwealth Water Act). Accordingly, the proposed section provides that the Commonwealth Interpretation Act applies to the applied provisions only to the extent to which it applies to the Commonwealth Water Charge Rules. The proposed section also provides that expressions used in the applied provisions have the same meaning as in the Commonwealth Water Act and are to be read and construed subject to that Act and so as not to exceed its rule-making power. The Interpretation Act 1987 of New South Wales does not apply in relation to the applied provisions. Proposed sections 24AG, 24AH, 24AI and 24AK provide for various matters that are preconditions (as set out in Schedule 5 to the Commonwealth Water Charge Rules) to the approval of an application for accreditation of arrangements. Proposed section 24AG applies the Commonwealth provisions as a law of New South Wales. Proposed section 24AH confers on the Tribunal all the functions of a Regulator under the applied provisions, which include the power to approve or determine charges for the provision of certain water infrastructure services relating to Basin water resources. Proposed section 24AI provides that the applied provisions have effect only during the period of the accreditation of arrangements. Proposed section 24AK provides that the Tribunal is not subject to Ministerial control or direction in the exercise of its functions under the applied provisions. Proposed section 24AJ enables the Tribunal to apply to the Australian Competition and Consumer Commission for the accreditation of arrangements under which the Tribunal approves or determines charges for the provision of certain water infrastructure services relating to Basin water resources. Proposed section 24AL provides for public notification by the Tribunal of the approval of an application for accreditation of arrangements or the revocation or cessation of such an accreditation. Schedule 1 [2] makes it clear that the Tribunal is not required under the Independent Pricing and Regulatory Tribunal Act 1992 to conduct investigations and make reports to the Minister on the determination of the pricing for, or a periodic review of pricing policies in respect of, certain water infrastructure services provided by Water NSW in relation to Basin water resources. Page 2 First print New South Wales Independent Pricing and Regulatory Tribunal Amendment (Accredited State Water Regulator) Bill 2015 Contents 1 Name of Act Page 2 Commencement Schedule 1 Amendment of Independent Pricing and Regulatory 2 Tribunal Act 1992 No 39 2 3 b2014-142-36.d08 New South Wales Independent Pricing and Regulatory Tribunal Amendment (Accredited State Water Regulator) Bill 2015 No , 2015 A Bill for An Act to amend the Independent Pricing and Regulatory Tribunal Act 1992 to enable the Tribunal to approve or determine charges for the provision of certain water infrastructure services in the Murray-Darling Basin. Independent Pricing and Regulatory Tribunal Amendment (Accredited State Water Regulator) Bill 2015 [NSW] The Legislature of New South Wales enacts: 1 1 Name of Act 2 3 This Act is the Independent Pricing and Regulatory Tribunal Amendment 4 (Accredited State Water Regulator) Act 2015. 5 2 Commencement 6 This Act commences on the date of assent to this Act. Page 2 Independent Pricing and Regulatory Tribunal Amendment (Accredited State Water Regulator) Bill 2015 [NSW] Schedule 1 Amendment of Independent Pricing and Regulatory Tribunal Act 1992 No 39 Schedule 1 Amendment of Independent Pricing and 1 Regulatory Tribunal Act 1992 No 39 2 [1] Part 3B 3 Insert after Part 3A: 4 Part 3B Approval or determination of Murray-Darling Basin 5 water charges 6 24AE Definitions 7 24AF In this Part: 8 ACCC means the Australian Competition and Consumer Commission 9 established by section 6A of the Competition and Consumer Act 2010 of the 10 Commonwealth. 11 accredited arrangements has the same meaning as in the Commonwealth 12 Water Charge Rules. 13 applied provisions means the Commonwealth provisions as applied by 14 section 24AG. 15 Basin water resources has the same meaning as State water resources has in 16 the Commonwealth Water Charge Rules in relation to New South Wales. 17 Commonwealth provisions has the same meaning as applied provisions has in 18 rule 59 (2) of the Commonwealth Water Charge Rules. 19 Commonwealth Water Charge Rules means the Water Charge 20 (Infrastructure) Rules 2010 of the Commonwealth. 21 Part 6 operator has the same meaning as in the Commonwealth Water Charge 22 Rules. 23 Part 7 operator has the same meaning as in the Commonwealth Water Charge 24 Rules. 25 regulated charge has the same meaning as in the Commonwealth Water 26 Charge Rules. 27 Regulator has the same meaning as in the Commonwealth Water Charge 28 Rules. 29 Interpretation of applied provisions 30 (1) Subject to subsection (2), the Acts Interpretation Act 1901 of the 31 Commonwealth applies as a law of this State in relation to the applied 32 provisions as if the applied provisions were a Commonwealth Act and each 33 rule of the applied provisions were a section of a Commonwealth Act. 34 (2) The Acts Interpretation Act 1901 of the Commonwealth applies to the applied 35 provisions only to the extent to which that Act applies to the Commonwealth 36 Water Charge Rules. 37 (3) The following provisions apply to the applied provisions: 38 (a) expressions used in the applied provisions have the same meaning as in the Water Act 2007 of the Commonwealth, 39 (b) the applied provisions are to be read and construed subject to the Water 40 Act 2007 of the Commonwealth and so as not to exceed the rule-making power in section 92 of that Act or any other ancillary rule-making 41 powers in that Act, 42 43 44 Page 3 Independent Pricing and Regulatory Tribunal Amendment (Accredited State Water Regulator) Bill 2015 [NSW] Schedule 1 Amendment of Independent Pricing and Regulatory Tribunal Act 1992 No 39 24AG (c) if a provision of the applied provisions would, but for paragraph (b), be 1 24AH construed as being in excess of any rule-making power referred to in 2 24AI that paragraph, it is taken to have effect to the extent to which it does 3 24AJ not exceed that rule-making power. 4 24AK (4) The Interpretation Act 1987 of New South Wales does not apply in relation to 5 24AL the applied provisions. 6 Application of Commonwealth provisions 7 In respect of Basin water resources, the Commonwealth provisions, as in force 8 from time to time, apply as a law of this State. 9 Functions of Tribunal 10 The Tribunal has all the functions conferred on a Regulator under the applied 11 provisions. 12 Operation of applied provisions 13 Without limiting section 24AG, the applied provisions have effect only while 14 the arrangements referred to in section 24AJ (a) are accredited arrangements. 15 Application for accreditation 16 The Tribunal may: 17 (a) apply to the ACCC for section 24AH (to the extent to which it provides 18 19 for the approval or determination by the Tribunal of regulated charges 20 of Part 6 operators and Part 7 operators relating to Basin water resources 21 in accordance with the applied provisions) to be accredited as accredited 22 arrangements, and 23 (b) do anything else necessary to enable those arrangements to be so 24 accredited. 25 Tribunal not subject to Ministerial control in exercise of functions 26 Despite any provision of this Act or any other law to the contrary, the Tribunal 27 is not subject to the control or direction of any Minister in the exercise of its 28 functions under the applied provisions. 29 Notification of approval, revocation or cessation of accreditation 30 (1) If the ACCC approves an application for accreditation of the arrangements 31 referred to in section 24AJ (a) as accredited arrangements, the Tribunal must 32 publish notice of that approval within 7 days after that approval. 33 (2) A notice under subsection (1) must: 34 (a) be published in the Gazette and on the Tribunal's website, and 35 (b) include a copy of the ACCC's decision to approve the application and 36 the date on which the accreditation takes effect. 37 (3) If the ACCC revokes the accreditation of the arrangements referred to in 38 section 24AJ (a) as accredited arrangements, the Tribunal must publish notice 39 of that revocation within 7 days after that revocation. 40 (4) A notice under subsection (3) must: 41 (a) be published in the Gazette and on the Tribunal's website, and 42 (b) include a copy of the ACCC's decision to revoke the accreditation and 43 the date on which the revocation takes effect. Page 4 Independent Pricing and Regulatory Tribunal Amendment (Accredited State Water Regulator) Bill 2015 [NSW] Schedule 1 Amendment of Independent Pricing and Regulatory Tribunal Act 1992 No 39 (5) If accreditation of the arrangements referred to in section 24AJ (a) as 1 accredited arrangements ceases to have effect, the Tribunal must publish 2 notice of that fact within 7 days after the date on which that accreditation 3 ceases to have effect. 4 (6) A notice under subsection (5) must: 5 (a) be published in the Gazette and on the Tribunal's website, and (b) include the date on which the accreditation ceases to have effect. 6 Note. Part 9 of the Commonwealth Water Charge Rules provides for the approval of 7 an application for accreditation of arrangements and the revocation of the 8 accreditation. In accordance with that Part, the ACCC is required to publish notice of 9 the approval or revocation on its website. 10 11 [2] Schedule 1 Government agencies for which Tribunal has standing reference 12 Insert "(but excluding any services provided by Water NSW in respect of which fees and charges may be approved or determined in accordance with Part 6 or 7 of the Water Charge 13 (Infrastructure) Rules 2010 of the Commonwealth or the applied provisions, within the 14 meaning of Part 3B)" after "Water NSW". 15 16 Page 5
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