2019 Review of the water third party access regime
- Project Released: 2 Nov 2018
- Project Closes: Jun 2019
- Contact: Angus Bruce
On 1 July 2016, a regime was established that provides a framework for third parties to negotiate access to specified water and sewerage infrastructure services provided by SA Water, with the potential for arbitration should negotiations fail. The Commission is the regulator of that access regime.
The Commission is required to 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.
Current status is Submissions
The Commission’s draft finding is that the third party access regime that applies to specified water and sewerage infrastructure services in South Australia should continue for a five-year period from 1 July 2019.
The draft finding follows a period of public consultation, facilitated by the Commission’s November 2018 consultation paper outlining the regime and its objectives, and the Commission’s planned approach to reviewing whether or not the regime should continue.
The Commission’s draft finding is based on:
- the short period of time in which the regime has been in place
- the low regulatory cost of having the regime in operation, and
- the fact that the National Competition Council concluded that the regime meets the criteria to be certified effective and the relevant Commonwealth Minister certified the regime as effective.
The Commission would be pleased to meet with stakeholders for a briefing upon request and invites written submissions on this draft report by 19 April.
The Commission intends to release a final report in June 2019.