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This is a Bill, not an Act. For current law, see the Acts databases.


INDEPENDENT PRICING AND REGULATORY TRIBUNAL AMENDMENT (ACCREDITED STATE WATER REGULATOR) BILL 2015


                                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.

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                                                                   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.

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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

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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.

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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

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