WaterNSW - ceasing to be a Part 6 operator consultation23 Feb 2022

The ACCC invites you to have your say on the ACCC's upcoming decision about whether WaterNSW will cease to be a Part 6 operator under the Water Charge Rules 2010 after 30 June 2025.

About the consultation

On 16 August 2021, WaterNSW notified the ACCC of its view that it will cease to be a Part 6 operator under the Water Charge Rules 2010 after 30 June 2025. The ACCC is seeking stakeholder views to help it decide if WaterNSW will cease to be a Part 6 operator after this date.


On 29 May 2020, the NSW Minister for Customer Service provided the Independent Pricing and Regulatory Tribunal (IPART) with a standing reference for the pricing of WaterNSW's Murray-Darling Basin Services. The reference requires IPART, whenever it conducts an investigation under the reference, to consider the approach to approving infrastructure charges under subrule 29(2)(b) of the Water Charge Rules 2010.

Rule 23 of the Water Charge Rules 2010

Under Rule 23 of the Water Charge Rules 2010, 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 the prudency and efficiency requirements set out under subrule 29(2)(b) of the Water Charge Rules 2010, 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 WaterNSW will cease to be a Part 6 operator, IPART will continue to regulate WaterNSW's infrastructure charges after the end of WaterNSW's current regulatory period but will do so under NSW law.

The Water Charge Rules 2010 and Water Act 2007 are 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 23 February 2022

Consultation closes: Wednesday 9 March 2022


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 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.