Compliance and enforcement of water markets decision announcements and water markets integrity provisions

Enforcement of water markets integrity provisions

The ACCC is responsible for enforcing the water markets integrity provisions under the Water Act 2007 (the Water Act).

We promote compliance by engaging with industry, offering education and guidance.

If we are concerned someone has not met their obligations or may have contravened the law, we can investigate.

How we investigate non-compliance

We monitor compliance by observing activity in Murray-Darling Basin water markets. This is supported by data provided by water market participants through the Bureau of Meteorology.

We may act on reports from industry and members of the public. We can ask for voluntary provision of information and issue notices for the compulsory provision of information, documents or evidence.

We investigate activity that appears to meet the definitions of prohibited conduct in the Water Act. This includes market manipulation and insider trading. We also investigate potential non-compliance with the water markets decision obligations.

Enforcement options

We may use a range of enforcement options such as:

• administrative resolutions where the non-compliant party agrees to stop the behaviour
• court enforceable undertakings under section 164 of the Water Act
• infringement notices
• court action.

Court action can result in the court making orders to:

• stop the behaviour
• take some type of action including compensating affected parties
• pay a pecuniary penalty.

See:

• the maximum pecuniary penalties that may be payable
• our Compliance and Enforcement Policy.

See also

• Obligations of water markets decision-makers
• Water markets manipulation prohibitions
• Insider trading
• Compulsory information gathering powers under section 239AJ of the Water Act