Third party access
On 1 July 2016, the Water
Industry (Third Party Access Amendment) Act 2015 (the Act)
The Act establishes a water industry third party access regime (the
Regime) and appoints the Commission as the regulator of that regime.
The Regime provides a framework for the negotiation of access to certain water
and sewerage infrastructure services, with the potential for arbitration should
As the regulator of the Regime, the Commission has the function of monitoring
and enforcing compliance with the requirements of the Regime.
The Commission’s role includes the following functions:
- it is the body to which disputes are referred to and must, in the first
instance, seek to resolve the dispute by conciliation. If a dispute is not
resolved by conciliation, the Commission may refer the dispute to arbitration
- it can require a regulated operator to give the Commission specified
information or documents related to the regulated operator's water/sewerage
- it must prepare and deliver to the Minister a report of the work carried out
by the Commission relevant to the Regime, each financial year
The Act also imposes certain obligations on regulated operators.
The Government, through proclamation, is responsible for determining the
extent to which the Regime applies to water/sewerage infrastructure, operators
Under the Act, if a dispute is referred to arbitration, the Arbitrator must
take into account any direction issued by the Minister for Water
(Minister) under the Public Corporations Act 1993. On 24 June
2016, the Minister issued the following direction.
Potential third party access applicants are encouraged to contact SA Water in
the first instance by phone on (08) 7224 1379 or by visiting the SA
Water Third Party Access website portal.
The Commission has prepared the following material to assist stakeholders
understand the Regime.
Access regime review
Under the Act, the Commission must review the effectiveness of the access regime in addressing the potential for information asymmetries and misuse of market power by SA Water in dealing with prospective third party access seekers.
The Commission is then required to make a recommendation to the Minister for Environment and Water as to whether or not the regime should continue from 1 July 2019 for a further five years. Submissions to this review are invited from existing and potential access seekers, particularly those who have attempted to use the access regime.