The Australian Competition and Consumer Commission today submitted its advice on water charge (infrastructure) rules to the Minister for Climate Change and Water.

The Minister had written to the ACCC requesting advice on the water charge (infrastructure) rules under s93(1) of the Water Act 2007, by June 2009.

The ACCC has held extensive stakeholder consultations in formulating its advice. It has issued a series of consultation documents including two issues papers, a position paper and the draft advice, including draft rules.

In total, the ACCC received 72 submissions in the course of its consultation process. The ACCC also held a public forum and met with many stakeholders, including jurisdictional governments and the larger infrastructure operators in the Murray Darling Basin.

In preparing its advice on the water charge (infrastructure) rules the ACCC has considered matters raised during stakeholder consultation as well as the Basin water charging objectives and principles, and the governance and charging arrangements of operators.

The Minister may adopt the ACCC's draft rules, with or without variation. If the Minister intends to proceed with the ACCC's advice and recommended rules, she is required to publish a notice on the department's website which includes a copy of the proposed rules and a copy of the advice provided by the ACCC at least four weeks before the proposed rules are made.

The Water Act 2007, which came into effect on 3 March 2008, creates new functions for the ACCC.  These include the development of water charge rules and water market rules for consideration by the Minister; and for the ACCC to monitor compliance with and enforce these rules. The Act also allows for the ACCC to advise the new Murray Darling Basin Authority on water trading rules.