2 April 2020

NSW water infrastructure access regime

On 31 July 2019, the Premier of New South Wales, the Hon Gladys Berejiklian MP, wrote to the National Competition Council asking it to recommend extending the certification of the New South Wales access regime for water infrastructure services as ‘effective’ under the National Access Regime.

The National Competition Council provided its recommendation on 31 January 2020.

Subsection 44NB(3A) of the Competition and Consumer Act 2010 provides that:

If the Commonwealth Minister does not publish under section 44NG his or her decision on a recommendation under section 44NA within the period starting at the start of the day the recommendation is received and ending at the end of 60 days after that day:

  1. the Commonwealth Minister is taken, immediately after the end ofthat 60 day period:
    1. to have made a decision under this section in accordance with the recommendation made by the Council undersection 44NA; and
    2. to have published that decision under section 44NG; and
  2. if the Council recommended that the Commonwealth Minister extend the period for which the decision under section 44N is in force, the extension period is taken to be the extension period recommended by the Council under subsection 44NA(5).

As the 60 day period has now expired, it is taken that a decision to extend the certification until 12 August 2029 has been made.

The NCC's final recommendation is available on the NCC's website.