Sunwater - Part 6 decision consultation15 Sep 2021

The ACCC invites you to have your say on the ACCC’s decision about whether Sunwater is a Part 6 operator under the Water Charge Rules 2010 (WCR).

About the consultation

Sunwater has notified the ACCC that it has become aware that it is a Part 6 operator under rule 23A of the WCR. Rule 23B of the WCR means that the ACCC is now required to form a view about whether Sunwater is a Part 6 operator.

Under Rule 23 of the WCR, an infrastructure operator is a Part 6 operator if:

  • it is not required to have all its infrastructure charges determined or approved by a single State Agency under a law of the State in a way that is consistent with paragraph 29(2)(b) of the WCR (this paragraph relates to prudency and efficiency of costs requirements); and
  • it levies an infrastructure charge in relation to either:
    • a bulk water service in respect of water access rights; or
    • infrastructure services in relation to the storage or delivery of water that is necessary to give effect to an arrangement for the sharing of water between more than one Basin State.

If the ACCC forms a view that Sunwater is a Part 6 operator, the ACCC will be required to regulate Sunwater’s infrastructure charges for six water supply schemes under Part 6 of the WCR unless the ACCC grants Sunwater an exemption. The six schemes are Chinchilla Weir, Cunnamulla, Macintyre Brook, Maranoa River, St George and Upper Condamine Water Supply Schemes.

Your submissions to this consultation will help us decide whether Sunwater is a Part 6 operator.

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

How to make a submission

The ACCC prefers submissions to be provided via the ACCC Consultation Hub

Submissions may be addressed to:

Water Regulation and Compliance
Australian Competition and Consumer Commission
GPO Box 3131

Consultation opens: Wednesday 15 September 2021

Consultation closes: Wednesday 29 September 2021


Please note this consultation is being conducted publicly and as such, submissions will be treated as public documents and published unless a claim for confidentiality is made and accepted, or a submission is withdrawn.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 ACCC 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 ACCC, 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 ACCC rejects your confidentiality claim, you will be given the opportunity to withdraw your submission before it is published, or any information is disclosed.

The ACCC's information policy includes information on the collection and disclosure of information.