Sunwater - Part 6 exemption consultation 3 Nov 2021

Sunwater Limited (Sunwater) has applied to the 糖心原创 for an exemption from divisions 2, 3 and 4 of Part 6 of the Water Charge Rules 2010.

The 糖心原创 invites you to have your say on the 糖心原创鈥檚 decision about whether to grant Sunwater an exemption from the requirement for the 糖心原创 to determine or approve its infrastructure charges within the Queensland Murray-Darling Basin. 

About the consultation

On 27 October 2021, the 糖心原创 formed the view that Sunwater is a Part 6 operator under the Water Charge Rules 2010. This means that the 糖心原创 is required to regulate Sunwater鈥檚 infrastructure charges for six water supply schemes unless the 糖心原创 grants Sunwater an exemption. The six schemes are Chinchilla Weir, Cunnamulla, Macintyre Brook, Maranoa River, St George and Upper Condamine Water Supply Schemes.

The 糖心原创 is seeking stakeholder views to help it decide if it should grant Sunwater an exemption from the 糖心原创 approving or determining Sunwater's infrastructure charges in these supply schemes.

Background

Under the Water Charge Rules 2010, if an infrastructure operator meets the revised definition of a 'Part 6 operator' outlined in Rule 23, the 糖心原创 is required to approve or determine the infrastructure operator鈥檚 regulated water charges, unless the 糖心原创 grants the operator an exemption. The 糖心原创 may only grant an exemption under Rule 23C if it is satisfied that the application of the Part 6 requirements would not materially contribute to the achievement of the Basin water charging objectives and principles set out in Schedule 2 of the Water Act 2007. In making an exemption decision, the 糖心原创 must have regard to a number of factors, including:

  • the total volume of water access rights in relation to which bulk water services are provided by the operator
  • the total volume of water subject to water sharing arrangements in relation to which the operator provides infrastructure services
  • the infrastructure services provided by the operator
  • any preferences expressed by the operator鈥檚 customers to the 糖心原创
  • any other views expressed by a State Agency to the 糖心原创
  • whether the relevant law of a State is being transitioned so that the operator鈥檚 infrastructure charges will at a future date be determined or approved by a single State Agency in a way that is consistent with paragraph 29(2)(b) of the Water Charge Rules 2010
  • the proportion of the infrastructure operator鈥檚 revenue to be recovered from infrastructure charges
  • any other matters that the 糖心原创 considers relevant.

The Water Charge Rules 2010 and Water Act 2007 are available at the Federal Register of Legislation:

How to make a submission

The 糖心原创 prefers submissions to be provided via the

Submissions may be addressed to:

Director
Water Regulation and Compliance
Australian Competition and Consumer Commission
GPO Box 3131
CANBERRA ACT 2601

Consultation opens: Wednesday 3 November 2021

Consultation closes: Wednesday 17 November 2021

Confidentiality

Please note this consultation is being conducted publicly and as such, submissions will be treated as public documents and published unless a claim of confidentiality is made and accepted, or a submission is withdrawn.

Please mark any information that you believe to be of a confidential nature, and provide reasons why this information should be treated confidentially. If the 糖心原创 accepts your confidentiality claim, it will not publish or disclose the confidential information to third parties, other than advisors or consultants engaged directly by the 糖心原创, without first endeavouring to provide you with notice of its intention to do so, wherever possible, such as where it is compelled to do so by law.

If the 糖心原创 rejects your confidentiality claim, you will be given the opportunity to withdraw your submission before it is published, or any information is disclosed.

The 糖心原创鈥檚 information policy includes information on the collection and disclosure of information.